A
Barclays Official
California
Code of
Regulations
Title 13. Motor Vehicles
Complete Title
Vol. 17
THOMSON
*
WEST
Barclays Official California Code of Regulations
425 Market Street • Fourth Floor • San Francisco, CA 94105
800-888-3600
Barclays Official California Code Of Regulations
revised edition
This edition of Barclays Official California Code of Regulations, revised on April 1, 1990, has been
published under the direction of the California Office of Administrative Law which is solely respon-
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Sacramento, CA 95814, (916) 323-6225. Errors reported will be promptly corrected in subsequent
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section 190.
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Amendments to the official Code are certified weekly by the Office of Administrative Law for publi-
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This material may not be commercially reproduced or sold in print or electronic forms without
written permission of Thomson/West.
TITLE 13. MOTOR VEHICLES
NOMENCLATURE CROSS-REFERENCE
(NOTE: Effective April 1, 1990, the Office of Administrative Law authorized the renaming of the
hierarchical headings used within the Titles of the California Code of Regulations. Until the agen-
cies implement these changes in their regulations, use the following Cross-Reference Table for
the new organizational headings used in this Title.)
OLD HIERARCHY REVISED HIERARCHY
Chapter Division
Subchapter Chapter
Article Article
Section Section
Title 13
Motor Vehicles
Title Table of Contents
•
Title 13. Motor Vehicles
Table of Contents
Division 1.
Chapter 1 .
Article 1.
Article 2.
Article 2.
Article 2.
Article 2,
Article 2.
Article 2.
Article 2.55
Article 2.6.
Article 2.7.
Article 3.
Article 3.1.
Article 3.2.
Article 3.3.
Article 3.4.
Article 3.5.
Article 3.6.
Article 4.
Article 4. 1 .
Article 4.2.
Article 4.21.
Article 4.22.
Article 4.23.
Article 4.24.
Article 4.26.
Article 4.3.
Page
Department of Motor Vehicles 1 Article 4.5.
Department of Motor Vehicles l Article 4.6.
Department of Motor Vehicles —
Conflict of Interest Code l
Driver Licenses and .
Identification Cards l
Commercial Driver Licenses 4 . . , r
Article 6.
Licenses for Minors Under . . , ^ *
nT^. , Article 6.1.
Age ot Eighteen 4.2(h)
Article 7.
Financial Responsibility 4.3
Driver Safety 6.1
Driving Under the Influence Chapter 2
Program 8.2(b) A . , ,
Article 1.
California Ignition Article 1 5
Interlock Device Program 8.2(b)(3)
Reinstatement Fees 8.2(g)
Certificates and Article 2.
Endorsements 8.2(h) Article 3.
Vehicle Registration and
Titlin§ 8-2<h) • Article4.
Special Interest License
Plates 8-3 Article 5.
Registration of Vessels 8.10 Article 6.
Special Plates 12. l Article 7.
Hearing Procedure Seizure of
Vehicles 12.1
Division 2.
Motor Carriers Permit
Program 13
Business Partner Automation ^
Program 14.4
_ . Article 1.
Occupational Licenses 14.13
Advertising by Occupational . ■ , ~
Licensee 15
Vehicle Dealers 17 Article 3.
Vehicle Lessor-Retailers 20
Vehicle Manufacturers and Chapter 2.
Remanufacturers 20 . . . ,
Article 1.
Vehicle Verifiers 21
Vehicle Transporters 21 Article 2.
Vehicle Dismantlers 23 Article 3.
Administrative Remedies 24 Article 4.
Page i
Page
Registration Services 27
Driving Schools and
Instructors 28.6(a)
Schools for Traffic
Violators 28.9
Requesting Information from
the Department 28.l0(q)
Administration 28.24
Administrative Adjudication 28.25
Federal Citizenship and
Alien Status Requirements
for Benefit Eligibility 28.25
New Motor Vehicle Board 29
Administration 29
Administration of Fee
Collection for
Certification Account 34
Filing of Petition 34.1
Appeals from Decisions of
the Department 36.1
Hearings on Petitions and
Appeals 36.3
Protests 36.3
Form of Filings and Notices 36.5
New Motor Vehicle Board —
Conflict of Interest Code 36.6
Department of the California
Highway Patrol 37
Licensed Stations and Muffler
Installers 37
Licensed Muffler
Certification Stations 37
Exhaust System Sale and
Installation 40
Fleet Owner Inspection and
Maintenance Stations 40
Lighting Equipment 42
Lighting Equipment Subject
to Regulation 42
Identification Markings 43
Construction Requirements 44
Photometric Requirements 45
(7-11-2008)
Title Table of Contents
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
Article 5.
Article 7.
Article 8.
Article 9.
Article 10.
Article 1 1 .
Article 12.
Article 13.
Article 14.
Article 15.
Article 16.
Article 17.
Article 18.
Article 19.
Article 20.
Article 21.
Article 22.
Article 23.
Chapter 3.
Chapter 4.
Article 1.
Article 2.
Article 3.
Article 4.
Article 4.5
Article 5.
Article 6.
Article 7.
Article 8.
Article 9.
Article 10.
Article 11.
Article 12.
Page
Mechanical Test
Requirements 46
Mounting Requirements 47
Advance Stoplamp Switches 50
Auxiliary Driving, Fog, and
Passing Lamps 50
Cornering Lamps 50
Deceleration Signal Lamp
Systems 50.1
Fog Taillamps 51
Headlamp Flashing Systems 52
Reflex Reflectors on Front
of Vehicles 52
Replacement Lenses 52
Reserve Lighting and Outage
Indicating Systems 52
Running Lamps 54
School Bus Sidelamps 54
Side-Mounted and
Supplemental Signal Lamps 54
Traffic Signal Priority
Devices 55
Warning Lamp Flashers 55
Warning Lamps 55
School Bus Strobe Lamps 58
Laboratories 58.1
Special Equipment 58.1
Bunk Stake Assemblies 58.1
Compressed and Liquefied Gas
Fuel Systems 59
Insigne for Licensed
Physicians 64
Federally Regulated
Equipment 64
Traffic Signal Priority
Device 64
Seat Belt Assemblies 64.1
Safety Helmets 64.1
Safety Glazing Material 64. l
Sirens 64.1
Exhaust System Noise
Measurement 67
Vehicle Sound Measurement 69
Exhaust System
Certification 73
Brake Equipment 74
Article 13.
Article 14.
Article 15.
Chapter 5.
Article 1.
Article 2.
Article 3.
Article 4.
Article 5.
Chapter 6.
Article 1.
Article 2.
Article 2.5.
Article 2.7.
Article 3.
Article 4.
Article 4.5.
Article 5.
Article 6.
Chapter 6.5.
Article 1.
Article 2.
Article 3.
Article 4.
Article 5.
Article 6.
Article 6.5.
Page
Tire Chains 75
Tires and Rims 75
Wheelchair Lifts 77
Special Vehicles 79
Ambulances 79
Armored Cars 85
Authorized Emergency
Vehicles — Permits 86
School Bus Contractor's
License 87
Color of Traffic Law
Enforcement Vehicles 87
Hazardous Materials 87
Explosives Routes and
Stopping Places 87
Escorting of Inhalation
Hazard Shipments 128.8(c)
Inhalation Hazard Shipments;
Routes and Stopping Places 128.9
Routes for the Through
Transportation of Highway
Route Controlled Quantity
Shipments of Radioactive
Materials I28.l0(o)
Genera] Hazardous Materials
Regulations 128.12
Inspection Fees 130.4
[Reserved] 130.4
Fleet Owner Inspection and
Maintenance Stations 130.4
Registration, Inspection,
and Certification of
Flammable and Combustible
Liquid Cargo Tanks 130.4
Motor Carrier Safety 130.5
Definitions and General
Provisions 130.5
School Bus, SPAB, Youth Bus,
and Farm Labor Vehicle
Driver Certificates 132
General Driving
Requirements 133
Additional Requirements for
School Bus, SPAB, and Youth
Bus Drivers 134.10
Additional Requirements for
School Bus Drivers 134.10
Carrier Requirements 134.10
Carrier Identification
Numbers 134.14
•
Page ii
(7-11-2008)
Title 13
Motor Vehicles
Page
Additional Requirements for Article 4.
School Bus, SPAB, and Youth
Bus Carriers 134.17 a " l s
Commercial Vehicle Out-of-
Service Criteria 134.18
General Equipment
Requirements 1 34. 1 8
Additional Equipment
Requirements for School
Buses 146.2 Article 6.
Cargo Securement Standards 149 . . , _
° Article 7.
Protection Against Shifting
and Falling Cargo 149
Liquids in Collapsible
Containers — Securement and
Transportation 158
Lumber and Lumber Products — Chapter 2
Safe Loading, Securement,
and Transportation
[Repealed] 161
Article 1.
Passenger Vehicle Inspection 162 Article 1 5
Abandoned Vehicles 162
Internal Affairs 162
Conflict of Interest Code 162
Rules Applicable to Use of State Article 2.
Property 191
General 191 Article 2.1.
Permits 191
Restrictions on Use of State
Buildings and Grounds 192 Article 2.2.
Computer Crime 192.2
Article 2.3.
Computer Crime Reporting 192.2
Air Resources Board 193 Article 2.4.
Motor Vehicle Pollution Control
Devices 193 Article 3.
General Provisions 193 Article 4
Approval of Motor Vehicle . . . -
Pollution Control Devices
(New Vehicles) 194. 1
California Clean Air Act
Annual Certification Fees 236.24
Accreditation of Motor
Vehicle Pollution Control ^
Devices (Used Motor
Vehicles) 236.25 Article 1 .
Page iii
Title Table of Contents
Page
Diesel Particulate Matter
Control Measures 236.26
Approval of Systems Designed
to Convert Motor Vehicles
to Use Fuels Other Than the
Original Certification Fuel
or to Convert Motor
Vehicles for Emission
Reduction Credit 236.26(t)(l)
Emission Control System
Warranty 236.28
Procedures for Certifying
Used Modifier-Certified
Motor Vehicles and
Licensing Requirements for
Vehicle Emission Test
Laboratories 236.35
Enforcement of Vehicle Emission
Standards and Surveillance
Testing 236.35
Assembly-Line Testing 236.35
Enforcement of Vehicle
Emission Standards and
Surveillance Testing for
2005 and Subsequent Model
Year Heavy-Duty Engines and
Vehicles 236.36(a)
Enforcement of New and In-
Use Vehicle Standards 236.36(a)
Procedures for In-Use
Vehicle Voluntary and
Influenced Recalls 236.39
Procedures for In-Use
Vehicle Ordered Recalls 240.2
In-Use Vehicle Enforcement
Test Procedures 240.2(d)
Procedures for Reporting
Failures of Emission-
Related Components 240.2(g)
Surveillance Testing 240.2(i)
Certificates of Compliance 240.20)
Procedures for Reporting
Failures of Emission-
Related Equipment and
Required Corrective
Action 240.2(k)
Highway and Mandatory Inspection
Emission Standards 240.2(r)
General Provisions 240.2(r)
(7-1 1-2008)
Article 7.
Article 7.5.
Article 8.
Article 9.
Chapter 7.
Article 1.
Article 2.
Article 15.
Chapter 8.
Chapter 9.
Chapter 10.
Article 1.
Chapter 11.
Article 1.
Article 2.
Article 3.
Chapter 12.
Article 1 .
Division 3.
Chapter 1.
Article 1.
Article 2.
Article 2.5
Article 3.
Title Table of Contents
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
Chapter 3.5.
Chapter 3.6.
Chapter 4.
Article 1.
Article 2.
Chapter 4.2.
Page
Heavy-Duty Diesel Smoke Emission
Testing, and Heavy-Duty Vehicle
Emission Control System
Inspections 240.2(f)
Periodic Smoke Inspections of
Heavy-Duty Diesel-Powered
Vehicles 240.3
Criteria for the Evaluation of
Motor Vehicle Pollution Control
Devices and Fuel Additives 240.5
Fuel Additives and Prototype
Emission Control Devices 240.5
Aftermarket Parts 240.6
Certification of Exhaust
Emission Control Devices for
Controlling Carbon Monoxide
from Portable and from Mobile
Internal Combustion Engines
Used in Enclosed Structures . . .
242
Chapter 4.4.
Chapter 5.
Specifications for Fill Pipes
and Openings of Motor Vehicle
Fuel Tanks 242
Standards for Motor Vehicle
Fuels
242
Article 1.
Standards for Gasoline
?4?
Subarticle 1.
Gasoline Standards That
Became Applicable Before
1996
?49
Subarticle 2.
Standards for Gasoline
Sold Beginning March 1,
1996
251
Article 2.
Standards for Diesel Fuel
275
Article 3.
Specifications for
Alternative Motor Vehicle
Fuels
. 276.6(d)
Article 4.
Chapter 5.1.
Sampling and Test
Procedures 276.10
Standards for Fuels for
Nonvehicular Sources
276.2^
Chapter 8. Clean Fuels Program 276.29
Subchapter 8.5. Emissions Formula for
Employer-Based Trip
Reductions 284
Chapter 9. Off-Road Vehicles and Engines
Pollution Control Devices 284
Article 1. Small Off-Road Engines 284
Article 3. Off-Highway Recreational
Vehicles and Engines 290.17
Article 4.
Article 4.5.
Article 4.7.
Article 4.8.
Article 5.
Article 6.
Article 7.
Article 8.
Chapter 10.
Article 1.
Chapter 12.
Chapter 13.
Article 1.
Chapter 14.
Chapter 15.
Article 1.
Article 2.
Article 3.
Page
Off-Road Compression-
Ignition Engines and
Equipment 290.24
Off-Road Large Spark-
Ignition Engines 298.2(k)
Spark-Ignition Marine
Engines 298.17
In-Use Off-Road Diesel-
Fueled Fleets 298.45
Portable Engine and
Equipment Registration 298.64
Portable Fuel Containers and
SpOUtS 310
Certification Procedures for
Aftermarket Parts for Off-
Road Vehicles, Engines,
Equipment 310.3
Off-Road Airborne Toxic
Control Measures 310.7
Mobile Source Operational
Controls 310.24
Motor Vehicles 310.24
Halogenated Refrigerants 310.27
Voluntary Accelerated Vehicle
Retirement Enterprises
Voluntary Accelerated Light-
Duty Vehicle Retirement
Enterprises
311
311
Verification Procedure, Warranty
and In-Use Compliance
Requirements for In-Use
Strategies to Control Emissions
from Diesel Engines
Additional Off-Road Vehicles and
Engines Pollution Control
Requirements
Evaporative Emission
Requirements for Off-Road
Equipment
Large Spark-Ignition (LSI)
Engine Fleet Requirements . . .
Verification Procedure,
Warranty, and In-Use
Compliance Requirements for
Retrofits to Control
Emissions from Off-Road
Large Spark-Ignition
Engines
322
339
339
353
Division 4. Traffic Adjudication Board
357
366
Page iv
(7-11-2008)
:m.
Barclays Official
California
Code of
Regulations
Title 13. Motor Vehicles
Division 1. Department of Motor Vehicles
Chap ter 1 . Department of Motor Vehicles
Vol. 17
THOMSON
*
WEST
Barclays Official California Code of Regulations
425 Market Street • Fourth Floor • San Francisco, CA 94105
800-888-3600
Title 13
Department of Motor Vehicles
Table of Contents
Chapter 1. Department of Motor Vehicles
Table of Contents
Page
Page
Article 1.
Department of Motor Vehicles —
Conflict of Interest Code
Article 2. Driver Licenses and
Identification Cards l
§ 15.00. Information Required to Establish
Legal Presence in the United States
(U.S.) for Purpose of Determining
Eligibility for an Original Driver
License or Identification Card.
§15.01. Out-of-State Driver License
Verification for Driving Test
Waiver.
§ 1 5.03. Terms of Issuance and Restrictions.
§ 15.04. Social Security Account Number
Verification.
§ 15.05. Appeals Hearings.
§15.06. True Full Name.
§ 15.07. Reduced Fee Identification Cards.
§ 20.02. Definition of Motor Vehicles
Documents.
§ 20.04. Information Required for a Name
Change on a Driver License or
Identification Card.
§ 20.06. Identification Elements and
Document Inspection Terms.
§ 20.08. Replacement of an Invalid/Mutilated
Document.
§ 25.01 . Fraudulent Application for a Driver
License or Identification Card.
Article 2.1. Commercial Driver Licenses 4
§ 25.06. Authority and Definitions.
§ 25.07. Employer Prerequisites.
§ 25.08. Employer Testing Program
Enrollment.
§ 25.09. Application Changes.
§25.10. Driving Test Routes.
§ 25. 1 1. Quality Assurance Oversight.
§ 25. 12. Driver Training Program.
§ 25.13. Driving Test Program.
§ 25.14. Certificate of Driving Skill
(DL170ETP and DL170FETP).
§25.15. Record-Keeping Program.
§ 25.16. Sample Testing of Certified Drivers.
§ 25.17. Cancellations/Reinstatements.
§25.18. Sanctions/Reinstatements.
§ 25.19. Employer Roles and
Responsibilities.
§ 25.20. Administrator Roles and
Responsibilities.
§ 25.21. Authorized Representative Roles
and Responsibilities.
§ 25.22. Examiner Roles and
Responsibilities.
§ 28.18. Minimum Physical and Medical
Requirements for Class A, B, or
Commercial Class C Driver
Licenses; or Ambulance Driver
Certificates.
§ 28.19. Medical Certificates Required by
Section 12804.9(a)(1), 12527(c)(3)
and 15275 of the Vehicle Code that
May be Issued by the Department of
Motor Vehicles.
§ 28.20. Medical Requirements for
Hazardous Agricultural Materials
Endorsement.
§28.21. Medical Requirements for
Restricted Class A Driver License.
§ 28.22. Medical Requirements for
Restricted Fire Fighter Dri ver
License.
§ 28.23. Health Questionnaire.
Article 2.2. Licenses for Minors Under
Age of Eighteen 4.2(h)
§ 50.40. Forms.
§ 50.45. Minimum Instruction Requirements
Acceptable to the Department.
§ 55.01 . Driver Education Pilot Program.
§ 55.02. Requirements for Driving Schools
Participating in the Driver
Education Pilot Program.
§ 55.03. Record Keeping and Reporting
Requirements for Participating
Driving Schools.
§ 55.04.
Inspections, Examinations and
Audits by the Department.
§ 55.05.
Advertisement of Driver Education
Pilot Program by a Driving School.
§ 55.06.
Participant/ Applicant Requirements.
icle 2.3.
Financial Responsibility 4.3
§ 75.20.
Policy or Bond Not in Effect at
Time of Accident; Notice by
Insurance Company or Surety
Company.
§ 77.00.
Suspension Exemption.
§ 77.05.
Restricted License Requirements.
§77.10.
Application for a Driver License
Restriction.
§77.15.
Employment Restriction.
§77.16.
School Transportation Restriction.
§77.17.
Medical Treatment Restriction.
§ 80.00.
Definitions.
§ 80.25.
Requirements.
§ 80.50.
Initial Application.
§ 80.55.
Financial Statement.
§ 80.60.
Net Worth.
§ 80.65.
Additional Information.
§ 80.70.
Updated Financial Statement.
§ 80.75.
Renewal Requirements.
§ 80.80.
Confidentiality.
§ 80.85.
Formal Hearing.
§ 80.90.
Grounds for Cancellation.
§ 82.00.
Uniform Insurance Card.
§ 85.00.
Definitions.
§ 85.02.
Registration Suspension.
§ 85.04.
Alternative Procedure to Electronic
Insurance Reporting.
§ 85.06.
Registration Reinstatement.
Page i
(7-11-2008)
Table of Contents
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
Page
§ 85.08.
Insurance Company Reporting
Requirements.
§ 100.
Federal Standards and
Requirements.
icle 2.4.
Driver Safety 6.1
§ 100.01.
Reexaminations Pursuant to Vehicle
Code Section 13801.
§ 100.02.
Requirements for Out-of-State
Drivers.
§ 100.03.
Renewal of Certificate.
§ 100.04.
Exceptions to the Certificate
Program.
§ 100.05.
Refusal, Revocation, and Hearing.
§ 100.06.
Employer Certification of Training
for Hazardous Waste, Hazardous
Materials, or Bulk Liquid Loads.
§ 100.07.
Training Requirements.
§ 100.08.
Certificate of Driving Experience.
§ 100.09.
Employers Qualifying for
Certification for Class 1 and/or
Class 2 Operation and Special
Certificate Approval.
§ 100.10.
Additional Employer Requirements.
§ 100.11.
Implementation.
§ 100.12.
Revocation of Medical Certificates
Approved by the Department of
Motor Vehicles.
§ 100.13.
Hearings.
§ 100.18.
Minimum Physical and Medical
Requirements for Class 1 or 2
Drivers' Licenses.
§ 100.19.
Medical Certificates Required by
Section 12804(c) of the Vehicle
Code That May Be Issued by the
Department of Motor Vehicles.
§ 100.20.
Policy or Bond Not in Effect at
Time of Accident; Notice by
Insurance Company or Surety
Company.
§ 100.25.
Certificates — Submit in Duplicate.
§ 100.30.
Forms.
§ 100.31.
Possession of Student Licenses.
§ 100.40.
Forms.
§ 100.45.
Minimum Instruction Requirements
Acceptable to the Department.
§ 100.50.
Application Form.
§ 100.55.
Financial Statement.
§ 100.60.
Net Worth.
§ 100.65.
Additional Information.
§ 100.70.
Updated Financial Statement.
§ 100.75.
Annual Financial Statements.
§ 100.80.
Confidentiality.
§ 100.85.
Formal Hearing.
§ 100.90.
Grounds for Cancellation.
§ 100.91.
Certification of Ignition Interlock
Device.
§ 100.92.
Refusal, Suspension or Revocation
of Device Certification.
§ 100.93.
Modification of Certified Device.
§ 100.94.
Referral to an Authorized Installer.
§ 100.95.
Facilities and Records.
§ 101.05.
Business Hours.
§101.10.
Authorized Signatures.
§ 101.15.
Curriculum Content.
§ 101.20.
Course Structure.
§ 101.25.
Instructors.
§ 101.30.
Fingerprinting of Applicants.
§ 101.35.
Completion Certificates.
§ 101.40.
Lost or Stolen Completion
Certificates.
§ 101.45.
Alcoholic Beverage on School
Premises.
§ 101.50.
Separate Telephone Numbers.
§ 110.01.
Factors Considered in Lapse of
Consciousness Determinations.
§ 110.02.
Department Actions.
§ 110.04.
Disciplinary Guidelines.
§ 115.01.
§ 115.02.
§ 115.03.
§ 115.04.
§ 115.05.
§ 115.06.
§ 115.07.
§ 115.08.
§ 115.09.
§ 115.10.
§ 118.00.
Article 2.5.
§ 120.00.
§ 120.01.
§ 120.02.
§ 120.04.
§ 124.90.
§ 124.92.
§ 124.93.
§ 124.95.
Article 2.55.
§ 125.00.
§ 125.02
§ 125.04.
§ 125.06
§ 125.08
§ 125.10
§ 125.12.
§ 125.14
§ 125.16
§ 125.18
§ 125.20
§ 125.22
Article 2.6.
§ 140.00.
§ 146.00.
Article 2.7.
§ 147.00.
Article 3.
§ 150.01.
§ 150.02.
§ 150.04.
§ 150.06.
§ 150.08.
§ 151.00.
§ 152.00.
Page
Applicability.
Public Observation.
Interpreters and Accommodation.
Hearing Requests.
Discovery Requests.
Change of Venue.
Telephone Hearings.
Motions.
Hearing Officer Disqualification.
Request for the Disqualification of a
Hearing Officer.
Restricted Driver License Based
Upon a Critical Need to Drive —
Persons Under 21.
Driving Under the Influence
Program 8.2(b)
Purchase and Use of Notice of
Completion Certificates.
Acquisition and Use of Proof of
Enrollment Certificates.
Lost or Stolen Notice of Completion
Certificates or Proof of Enrollment
Certificates.
Certificates Required for First
Conviction of Driving Under the
Influence. [Repealed]
Alcohol Programs Pursuant to
Section 23190(e) of the Vehicle
Code.
Termination of Suspension or
Revocation.
Reissuance of California Driver
License.
Restriction Fee.
California Ignition
Interlock Device Program 8.2(b)(3)
Definitions.
Certification of Ignition Interlock
Devices.
Modification of Certified Device.
Compliance with Changes in
Certification Requirements.
Refusal, Suspension or Revocation
of Device Certification.
Referral to an Authorized Installer.
Service and Maintenance of Ignition
Interlock Devices.
Installation Locations and
Participant Files.
Verification of Installation.
Notice of Non-Compliance.
Notice of Removal.
Notice to Employers Regarding an
Ignition Interlock Restriction.
Reinstatement Fees 8.2(g)
Reissue Fee.
Penalty Fee for Failure to Surrender
Driver License.
Certificates and
Endorsements 8.2(h)
House Car Endorsement.
Vehicle Registration and
Titling 8.2(h)
Vehicle Engine or Motor.
Decorative or Facsimile License
Plate Size.
Pickup Trucks.
Description of Vehicle Required for
Sale or Transfer.
Truck Tractors with Living
Quarters.
Refusal of Registration.
Motor Vehicle Bond Requirements.
Page ii
(7-11-20
Title 13
Department of Motor Vehicles
Table of Contents
Page
Page
•
§ 154.00. Commercial Vehicle Weight Decals.
§ 155.00. Definitions.
§ 155.02. Vehicle License Fee Refund
Requirements.
§ 155.04. Application for a Vehicle Licensee
Fee Refund.
§ 155.05. Application for Salvage or
Nonrepairable Vehicle Certificates.
§ 155.06. Surrender of License Plates.
§155.08. Vehicle License Fee Refund
Calculations.
§ 155.10. Repayment of the Refunded Vehicle
License Fee.
§ 156.00. Clean Air Vehicle Stickers.
§ 1 56.01 . Clean Air Vehicle Stickers:
Transfers and Replacements.
§157.00. Firefighting Vehicles.
§ 158.00. Zero Emission Vehicle Parking
Decal.
§ 159.00. Vehicle Classification.
§ 159.10. Window Decal for Vehicles with a
Wheelchair Lift or Wheelchair
Carrier.
§ 182.02.
Article 3.2.
§ 190.00.
§ 190.01.
§ 190.02.
§ 190.03.
§ 190.04.
§ 190.05.
§ 190.06.
§ 190.07.
§ 190.08.
§ 190.09.
§ 190.10.
Article 3.1.
Special Interest License
8 jyu.ii.
§ 190.12.
Plates 8.3
§ 190.13.
§ 160.00.
Applications and Fees for Special
§ 190.14.
Interest License Plates.
§ 190.15.
§ 170.00.
Information Required on a Special
§ 190.16.
Interest/Environmental License
§ 190.17.
Plate Application.
§ 190.18.
§ 170.02.
Assignment of Environmental
§ 190.19.
License Plates to Leased or
§ 190.20.
Company Vehicle.
§ 190.21.
§ 170.04.
Receipt of Environmental License
§ 190.22.
Plates as a Gift.
§ 190.30.
§ 170.06.
Surrender of Current Plates.
§ 190.32.
§ 170.08.
Delivery of Environmental License
Plates.
§ 170.10.
Retention of Environmental License
Plates.
§ 190.34.
§ 170.12.
Cancellation of Environmental
License Plates.
§ 190.36.
§ 171.00.
Requirements for Former Prisoner
of War License Plates.
§ 190.38.
§ 171.02.
Number of Prisoner of War License
Plate Sets.
§ 191.00.
§ 171.04.
Surrender of Prisoner of War
License Plates upon Death.
§ 172.00.
Definitions.
§ 192.00.
§ 172.05.
Application.
§ 172.10.
Plates.
§200.01.
§ 172.15.
Display of Validating Stickers.
Article 3.3.
§ 173.00.
Application Requirements for
Legion of Valor License Plates or
§ 201.00.
Purple Heart License Plates.
§ 173.02.
Additional Requirement for Legion
of Valor License Plate Application.
Article 3.4.
§ 173.04.
Additional Requirement for Purple
Heart License Plate Application.
§ 173.06.
Number of Legion of Valor or
§ 212.04.
Purple Heart License Plate Sets.
Article 3.5.
§ 173.08.
Surrender of Purple Heart License
Plates upon Death.
§ 174.00.
Requirements for Fire Fighter
§ 220.00.
License Plates.
§ 220.02.
§ 180.00.
Application for Regular Series
License Plates for State-Owned
§ 220.04.
University Vehicle.
§ 180.02.
Surrender of Regular Series License
Plates Upon Reassignment of
Vehicle.
§ 220.05.
§ 181.00.
Foreign Organization License
Plates.
§ 220.06.
§ 182.00.
Definitions.
§ 220.08.
§ 182.01.
Application for Disabled Person
Placard or Plates Form.
§ 220.10.
Surrender of Disabled Person
License Plates and/or Permanent
Disabled Person Placards upon
Death.
Registration of Vessels 8.10
Display of Numbers.
Registration Stickers.
Proof of Ownership.
Vessel Bond Requirements.
Definition of a Livery Boat.
Definition of a Vessel Carrying
Passengers for Hire.
Definition of a Boat Manufacturer.
Definition of a Boat Dealer.
Certificates of Number for Dealer,
Manufacturer, Livery Vessel and
Vessel Carrying Passengers for
Hire.
Terms and Conditions for Vessel
Registration and Numbering.
Contents of Applications for
Certificate of Ownership and
Certificate of Number.
Contents of Certificate of Number.
Validity of Certificate of Number.
Removal of Stickers.
Temporary Certificate of Number.
Hull Identification Numbers.
Fee-Exempt Boats.
Recreational-Type Public Vessels.
Fee-Exempt Annual Renewal.
Racing Vessels.
Livery Vessels.
Notification to the Department.
Surrender of Certificate of Number.
Department Agent's Authorization.
Application for Appointment as an
Undocumented Vessel Registration
Agent.
Responsibilities of Undocumented
Vessel Registration Agents.
Duties of Undocumented Vessel
Registration Agents.
Agreement for Appointment as an
Undocumented Vessel Registration
Agent.
Non-Motorized Surfboard-Like
Vessels Exempted Under Vehicle
Code Section 9873(e).
Proof Documents Re Lien Sale
Vessels.
Vehicle Engine or Motor.
Special Plates 12.1
Use of Special Plates Issued to a
Dealer, Manufacturer,
Reman ufacturer, or Distributor.
Hearing Procedure Seizure of
Vehicles 12.1
Conduct of the Hearing.
Motor Carriers Permit
Program
Definitions.
Application for a Motor Carrier
Permit.
Expiration and Renewal of a Motor
Carrier Permit.
Manner of Submission of Renewal
Registration Transactions to the
Department.
Motor Carrier Financial
Responsibility.
Verification of Vehicles Used by
Motor Carriers.
Motor Carriers' Employees.
13
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Table of Contents
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
Page
Page
§220.12.
Owner-Operators.
§ 260.07
§220.14.
Reinstatement Fee.
§ 262.00
§220.16.
Workers' Compensation.
§ 262.01
§ 220.18.
Voluntary Withdrawal.
§ 220.20.
Seasonal Operations.
§ 262.03
§ 22 1 .00.
Requirements to Self-Insure.
§ 262.05
§221.02.
Application to Self-Insure.
§221.04.
Assignment of Funds to the
§ 262.06
Department.
§ 262.07
§221.06.
Issuance of the Certificate of
Self-Insurance.
§ 262.08
§221.08.
Cancellation of the Certificate of
§ 262.09
Self-Insurance.
Article 4.2.
§221.10.
Disbursement of Assignment.
§ 221.12.
Termination of Assignment.
§ 268.04
§ 268.06
Article 3.6.
Business Partner Automation
Program 14.4
§ 268.08
§ 225.00.
Definitions.
§268.10
§ 225.03.
Application Requirements.
§268.12
§ 225.06.
Fingerprints.
§ 225.09.
Financial Security Requirements.
§225.12.
Business Partner Contract.
§225.15.
BPA Permit Authority.
§225.18.
Cause for Refusal to Enter into a
§ 225.21.
§ 225.24.
Contract and Issue a Permit.
Review of Criminal History
Information.
Failure to Meet Security
Requirements.
Returned Vehicles.
Dealer Price.
Manufacturer's or Distributor's
Price.
Dealer Added Charges.
Financing, Down Payment, and
Trade-in Allowance.
Down Payment.
Trade-in Allowances.
Identity of Dealer or
Lessor-Retailer.
Qualifying Statements.
Vehicle Dealers 17
Dealer Examination Requirements.
Dealer Educational Program
Requirements.
Evidence of Dealer Educational
Program Completion.
Dealer Surety Bond Requirements.
Surety Bond Requirements for
Motorcycle Dealers, Motorcycle
Lessor-Retailers, All-Terrain
Vehicle Dealers and Wholesale Only
Dealers Who Sell Less Than 25
Vehicles Per Year.
•
§ 225.27.
Transaction Access.
§ 225.30.
Electronic Fund Transfer.
§ 225.33.
Use and Retention of Information.
§ 225.35.
Renewal.
§ 225.36.
Change of First-Line Service
Provider.
§ 225.39.
Business Partner Responsibilities.
§ 225.42.
Business Partner Changes.
§ 225.45.
Customer Fees.
§ 225.48.
Transaction Fee.
§225.51.
Information Security Requirements.
§ 225.54.
Transaction Procedures and
Inventory Requirements.
§ 225.57.
Inventory.
§ 225.60.
Retention of Business Records.
§ 225.63.
Audit Requirements.
§ 225.66.
Investigation and Review.
§ 225.69.
Cancellation or Termination of a
BPA Contract and Permit.
§ 225.72.
Voluntary Closing.
Article 4.
Occupational Licenses 14.13
§ 250.00.
Occupational License Application
Requirements.
§ 250.02.
Time Requirements for Submitting
Application.
§252.10.
Business License Definition.
§ 252.20.
Business License Application
Requirements.
§ 252.30.
Time Requirements for Any Change
in License.
§ 252.40.
Branch Location Application
Requirements.
§ 253.02.
License Renewal Terms.
Article 4.1.
Advertising by Occupational
Licensee 15
§ 255.00.
"Advertising" Defined.
§255.01.
"Dealer's Cost" Defined.
§ 255.02.
"Demonstrator" Defined.
§ 255.04.
Applicability.
§ 260.00.
Advertisements.
§260.01.
Vehicle Description.
§ 260.02.
Vehicle History.
§ 260.03.
Vehicle Condition.
§ 260.04.
Vehicle Availability.
§ 260.05.
Vehicle Equipment.
§ 270.00.
Place of Business.
§ 270.02.
Dealer Branch Location Definition.
§ 270.04.
Change of Location.
§ 270.06.
Signs or Devices.
§ 270.08.
Display Area.
§ 272.00.
Business Records.
§ 272.02.
Location of Business Records.
§ 272.04.
Disclosure to Low Speed Vehicle
Buyer.
Article 4.21.
Vehicle Lessor-Retailers
§280.12.
Lessor-Retailer Surety Bond
Requirements.
Article 4.22.
Vehicle Manufacturers and
Remanufacturers
§ 285.06.
Remanufacturer Surety Bond
Requirements.
§ 290.00.
Place of Business.
§ 290.02.
Pertinent Books and Records.
Vehicle Verifiers
§ 292.06.
Vehicle Verifier Surety Bond
Requirements.
Article 4.24.
Vehicle Transporters
§ 295.00.
Place of Business.
§ 300.00.
Display of Numbers.
§300.01.
Registration Stickers.
§ 300.02.
Proof of Ownership.
§ 300.03.
Department Agents' Authorization.
§ 300.04.
Definition of a Livery Boat.
§ 300.05.
Definition of a Vessel Carrying
Passengers for Hire.
§ 300.06.
Definition of a Boat Manufacturer.
§ 300.07.
Definition of a Boat Dealer.
§ 300.08.
Certificates of Number for Dealer,
Manufacturer, Livery Vessel and
Vessel Carrying Passengers for
Hire.
§ 300.09.
Terms and Conditions for Vessel
Registration and Numbering.
§ 300.10.
Contents of Applications for
Certificate of Ownership and
Certificate of Number.
§ 300.11.
Contents of Certificate of Number.
§ 300.12.
Validity of Certificate of Number.
§300.13.
Removal of Stickers.
§ 300.14.
Temporary Certificate of Number.
§300.15.
Hull Identification Numbers.
§ 300.16.
Fee-Exempt Boats.
§300.17.
Recreational-Type Public Vessels.
§300.18.
Fee-Exempt Annual Renewal.
20
20
21
21
•
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Title 13
Department of Motor Vehicles
Table of Contents
•
Page
Page
§ 300.19.
Racing Vessels.
§ 320.30.
Priority for Processing
§ 300.20.
Livery Vessels.
Nongovernmental Requests.
§300.21.
Notification to the Department.
§ 320.32.
Release of Information to
§ 300.22.
Surrender of Certificate of Number.
Commercial Requester Account
$301.00.
Non-Motorized Surfboard -Like
Holder.
Vessels Exempted Under Vehicle
§ 320.34.
Additional Security Requirements
Code Section 9873(e).
for On-Line Access.
§ 302.00.
Proof Documents Re Lien Sale
§ 320.36.
Nonpreapproved Requests for
Vessels.
Information.
Article 4.26.
Vehicle Dismantlers 93
§ 320.38.
Identification of Nonpreapproved
Requesters.
Release of Information to
§ 304.00.
Place of Business.
§ 320.40.
§ 304.02.
Dismantler Branch Location
Nonpreapproved Requester.
Definition.
§ 320.42.
Use of Information.
$ 304.04.
Signs and Devices.
§ 320.44.
Cost of Information.
§ 304.06.
Dismantling Area.
§ 320.46.
Payment for Information.
§ 304.08.
Dismantler Report Forms.
§ 320.48.
Retention of Records.
§304.10.
Acquisition of Cleared Vehicles.
§ 320.50.
Inspection of Records.
§304.12.
Business Records.
§ 320.52.
Refusal, Suspension or Revocation
§304.14.
Location of Business Records.
of Requester Codes.
§310.00.
General Procedures When Fees Not
§ 320.53.
Surrender of Records.
Paid.
§ 320.54.
Temporary Suspension of a
§310.01.
Procedures When Fees Paid by
Check Which Is Dishonored.
Requester Code.
§ 310.02.
§ 310.03.
Procedures for Jeopardy Seizure.
Notice After Jeopardy Seizure.
Article 4.5.
Registration Services 27
§ 310.04.
Conduct of the Hearing.
§ 330.00.
Definitions.
§ 330.02.
Information Required on a
Article 4.3.
Administrative Remedies 24
Registration Service Application for
§ 314.00.
Monetary Penalties.
an Original License.
§ 316.00.
Notices of Suspension.
§ 330.04.
Additional Requirements for a
§ 320.00.
Vehicle Registration Records.
Registration Service Application for
§320.01.
Vessel Numbering and Registration
an Original License.
Records.
§ 330.06.
Fingerprints.
§ 320.02.
Definitions.
§ 330.08.
Registration Service Surety Bond
§ 320.03.
Address Elements.
Requirements.
§ 320.04.
Information Access.
§ 330.10.
Certification Required with an
§ 320.05.
Requester Code.
Application for an Original
§ 320.06.
Governmental Entity's Application
Registration Service License.
for a Requester Code.
§ 330.12.
Temporary Permit and License
§ 320.07.
Certification of Requests.
Issuance and Posting.
§ 320.08.
Assignment of Requester Codes,
§ 330.14.
Renewal of a Registration Service
and Personal Identification Numbers
License.
to Governmental Entities.
§ 330.16.
Change of Business or Corporate
§ 320.09.
Withholding Information.
Name.
§ 320.10.
Governmental Entity's Request for
§330.18.
Addition of a Branch Office or
Information.
Change of Address.
§320.11.
Retention of Request for
§ 330.20.
Employee Changes.
Information.
§330.21.
Change of Ownership.
§ 320.12.
Priority for Processing
§ 330.22.
Change in Corporate Officer
Governmental Requests.
Structure.
§ 320.13.
Preliminary Investigation.
§ 330.24.
Signs.
§320.14.
Release of Information to
§ 330.26.
Advertising.
Governmental Entity.
§ 330.28.
Additional Services Provided.
§ 320.16.
Information Required on a
§ 330.30.
Compensation Received by a
Nongovernmental Application for a
Registration Service.
Requester Code.
§ 330.32.
Submitting Fees and Documents to
§320.18.
Additional Requirements for a
the Department.
Nongovernmental Application for a
§ 330.34.
Subcontracting and Responsibility.
Requester Code.
§ 330.38.
Withholding Documents or
§ 320.20.
Certifications Required with
Operating Authority.
Nongovernmental Applications for
§ 330.40.
Release of Information.
Access to Residence Address
§ 330.42.
Information for Clients.
Information.
§ 330.44.
Listing Sheet for Transmitting
§ 320.22.
Fees Required with an Application
Registration Documents.
for a Nongovernmental Requester
§ 330.46.
Incomplete Transactions.
Code.
§ 330.48.
Maintenance and Inspection of
§ 320.24.
Bond Requirements with an
Business Records.
Application for a Nongovernmental
§ 330.50.
Electronic Maintenance of Records.
Requester Code.
§ 330.52.
Registration Service Voluntarily Out
§ 320.26.
Assignment of Commercial
of Business.
Requester Accounts, Requester
§ 330.54.
Refusal to Issue, Suspension,
Codes, and Personnel Identification
Revocation or Cancellation of a
Numbers to Nongovernmental
License.
Entities.
§ 330.56.
Notices of Suspension.
§ 320.28.
Nongovernmental Requester Code
§ 330.58.
Surrender of Records.
Holder's Request for Information.
§ 330.60.
Certificate of Convenience.
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BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
Page
Page
Article 4.6.
Driving Schools and
Instructors 28.6(a)
§ 340.00.
Licenses.
§340.10.
Applications.
§340.13.
Driving School Owner or
All-Terrain Vehicle Safety Training
Organization Principal Surety Bond
Requirements.
§340.15.
Insurance Requirements.
§ 340.20.
Place of Business.
§ 340.25.
Driver Education Courses for
Minors.
§ 340.27.
Certificates of Completion for
Minors.
§ 340.30.
Equipment.
§ 340.40.
Advertising.
§ 340.45.
Instruction.
§ 342.00.
Subject Matter of Driving Instructor
Training Course.
§ 342.02.
Departmental Approval of Instructor
Training Course.
§ 342.03.
Course Monitoring by Department.
§ 342.04.
Proof of Satisfactory Completion.
§ 342.05.
Continuing Professional Education.
§ 343.00.
Delegated Testing Pilot Program.
§ 343.02.
Requirements for Driving Schools
Participating in the Delegated
Testing Pilot Program.
§ 343.03.
Record Keeping and Reporting
Requirements for Participating
Driving Schools.
§ 343.04.
Inspections, Examinations and
Audits by the Department.
§ 343.05.
Advertising the Delegated Testing
Pilot Program.
§ 343.06.
Participant/Applicant Requirements.
§344.10.
Definition.
§344.12.
Driving School Authorizations.
§344.14.
Description of Limitations.
§344.16.
Applications.
§344.18.
Verification of Name and Birthdate.
§ 344.20.
Examinations.
§ 344.22.
Grounds Requiring Refusal.
§ 344.24.
Issuance, Content and Disposition.
§ 344.26.
Cancellations.
§ 344.28.
Fees and Purchasing.
§ 344.30.
Forms and Accountability.
§ 344.32.
Records Maintenance and
Confidentiality.
§ 344.34.
Notice and Hearing.
Article 4.7.
Schools for Traffic
Violators 28.9
§ 345.27.
Seasonal Closure of Public Schools.
§ 345.28.
Change of Administrator — Public
Schools/Agencies.
§ 345.29.
Certification and Deletion of
Instructors.
§ 345.30.
Curriculum Content.
§ 345.34.
Lesson Plan Requirements.
§ 345.35.
Completion Certificates.
§ 345.36.
Lesson Plan Revisions.
§ 345.38.
Classroom Standards.
§ 345.39.
Conducting Classes.
§ 345.40.
Class Schedules.
§345.41.
Class Cancellations.
§ 345.42.
Quarterly Reporting of Classes
Conducted.
§ 345.44.
Purchases of Completion
Certificates.
§ 345.45.
Issuance, Content and Disposition
of Completion Certificates.
§ 345.46.
Duplicate Completion Certificate.
§ 345.47.
Lost or Stolen Completion
Certificates.
§ 345.48.
One Class, One Ticket.
§ 345.49.
TVS Classroom Location List
Publication.
§ 345.50.
Office Practices.
§ 345.52.
Solicitation and Advertisement.
§ 345.54.
Authorized Signatures.
§ 345.56.
Business Records.
§ 345.58.
Verification of Employment.
§ 345.60.
Providing Department Address to
Students.
§ 345.65.
Traffic Violator School Owner
Surety Bond Requirements.
§ 345.66.
Deposit in Lieu of Bond.
§ 345.67.
Certification Required With
Application for Traffic Violator
School Owner.
§ 345.68.
Background Investigation Required
§ 345.72.
Fingerprinting of Applicants.
§ 345.74.
Inspection and Approval of Sites.
§ 345.76.
Traffic Violator School Program
Assessment.
§ 345.78.
Traffic Violator School Attendance.
§ 345.86.
Refusal to Issue, Suspension,
Revocation or Cancellation of a
License.
§ 345.88.
Monetary Penalties.
§ 345.90.
Voluntary or Involuntary Cessation
of Business.
•
§ 345.02. Traffic Violator School Owner.
§ 345.04. Traffic Violator School Operator.
§ 345.05. Replacement of a School Operator.
§ 345.06. Traffic Violator School Instructor.
§ 345.07. Traffic Violator School Instructor
Examination Requirements.
§ 345.08. Traffic Violator School Business
Office and Branch Business Office.
§ 345.09. Traffic Violator School Classroom.
§ 345.10. Authorized Signatures.
§ 345. 1 1 . Additional Operator License.
§ 345.13. Additional Instructor License.
§ 345.15. Additional Branch Offices and
Classroom Locations.
§ 345.16. Renewal of Owner License.
§345.17. Duplicate Owner License.
§345.18. Changes to Owner License.
§ 345.20. Renewal of Operator License.
§ 345.21 . Duplicate Operator License.
§ 345.22. Changes to Operator License.
§ 345.23. Renewal of Instructor License.
§ 345.24. Continuing Professional Education.
§ 345.25. Duplicate Instructor License.
§ 345.26. Changes to Instructor Licenses.
•
Article 5. Requesting Information from
the Department 28.i0(q)
§ 350.02. Definitions.
§ 350.03. Address Elements.
§ 350.04. Information Access.
§ 350.06. Governmental Entity's Application
for a Requester Code.
§ 350.08. Assignment of Requester Codes,
and Personal Identification Numbers
to Governmental Entities.
§ 350.10. Governmental Entity's Request for
Information.
§ 350.12. Priority for Processing
Governmental Requests.
§ 350.14. Release of Information to
Governmental Entity.
§350.16. Information Required on a
Nongovernmental Application for a
Requester Code.
§ 350.18. Additional Requirements for a
Nongovernmental Application for a
Requester Code.
§ 350.20. Certifications Required with
Nongovernmental Applications for
Access to Residence Address
Information.
•
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Page
Page
•
§ 350.22.
Fees Required with an Application
for a Nongovernmental Requester
Code.
§ 350.24.
Bond Requirements for a
Commercial Requester Account
with Access to Confidential Address
Information.
§ 350.26.
Assignment of Commercial
Requester Accounts, Requester
Codes, and Personnel Identification
Numbers to Nongovernmental
Entities.
§ 350.28.
Nongovernmental Requester Code
Holder's Request for Information.
§ 350.30.
Priority for Processing
Nongovernmental Requests.
§ 350.32.
Release of Information to
Commercial Requester Account
Holder.
§ 350.34.
Additional Security Requirements
for On-Line Access.
§ 350.36.
Casual Requests for Information.
§ 350.38.
Identification of Casual Requesters.
§ 350.40.
Release of Information to Casual
Requester.
§ 350.42.
Use of Information.
§ 350.44.
Cost of Information.
§ 350.46.
Payment for Information.
§ 350.48.
Retention of Records.
§ 350.50.
Inspection of Records.
§ 350.52.
Refusal, Suspension or Revocation
of Requester Codes.
§ 350.53.
Surrender of Records.
§ 350.54.
Temporary Suspension of a
Requester Code.
§ 400.00.
Licenses.
§ 400.10.
Applications.
§400.15.
Insurance Requirements.
§ 400.20.
Place of Business.
§ 400.25.
Driver Education Courses for
Minors.
§ 400.27.
Certificates of Completion for
Minors.
§ 400.30.
Equipment.
§ 400.40.
Advertising.
§ 400.45.
Instruction.
§401.00.
Subject Matter of Driving Instructor
Training Course.
§401.01.
Length of Driving Instructor
Training Course.
§401.02.
Departmental Approval of Instructor
Training Course.
§401.03.
Course Monitoring by Department.
§401.04.
Proof of Satisfactory Completion.
§401.05.
Continuing Professional Education.
§ 401.10.
Definition.
§401.12.
Driving School Authorizations.
§401.14.
Description of Limitations.
§401.16.
Applications.
§401.18.
Verification of Name and Birthdate.
§401.20.
Examinations.
§401.22.
Grounds Requiring Refusal.
§401.24.
Issuance, Content and Disposition.
§401.26.
Cancellations.
§401.28.
Fees and Purchasing.
§401.30.
Forms and Accountability.
§ 401.32.
Records Maintenance and
Confidentiality.
§ 401.34.
Notice and Hearing.
§ 402.00.
"Advertising" Defined.
§402.01.
"Dealer's Cost" Defined.
§ 402.02.
"Demonstrator" Defined.
§ 402.03.
"Manufacturer's Suggested Total
Price" Defined.
§ 402.04.
Applicability.
§ 403.00.
Advertisements.
§403.01.
Vehicle Description.
§ 403.02. Vehicle History.
§ 403.03. Vehicle Condition.
§ 403.04. Vehicle Availability.
§ 403.05. Vehicle Equipment.
§ 403.07. Returned Vehicles.
§ 403.08. Incentive Advertising.
§ 404.00. Dealer Price.
§ 404.01 . Manufacturer's or Distributor's
Price.
§ 404.02. Savings Claims.
§ 404.03. Dealer Added Charges.
§ 404.04. Rebates.
§ 404.05. Financing.
§ 404.06. Down Payment.
§ 404.07. Trade-in Allowances.
§ 404.08. Identity of Dealer or
Lessor-Retailer.
§ 404.09. Qualifying Statements.
§ 405.01. Description of Vehicle.
§ 405.02. Ownership History.
§ 405.03. Vehicle Condition.
§ 405.04. Vehicle Equipment.
§ 405.05. Vehicle Availability.
§ 405.06. Vehicle Price.
§ 405.07. Trade-in Allowances.
§ 405.08. Terms.
§ 405.09. Identity of Dealer, Distributor or
Manufacturer.
§ 406.00. Place of Business.
§407.00. Change of Location.
§408.00. Signs or Devices.
§ 409.00. Display Area.
§410.00. Business Records.
§ 410.01 . Location of Business Records.
§411.00. Place of Business.
§ 41 1 .01 . Pertinent Books and Records.
§412.00. Place of Business.
§412.01. Types of Licenses.
§ 412.02. Issuance of Vehicle Transporter's
License.
§413.01. Place of Business.
§ 41 3.02. Signs and Devices.
§ 413.03. Dismantling Area.
§ 41 3.05. Dismantler Report Forms.
§ 413.06. Acquisition of Cleared Vehicles.
§413.07. Business Records.
§ 41 3.08. Location of Business Records.
§ 414.00. Occupational License Application
Requirements.
§ 414.01. Time Requirements for Submitting
Application.
§ 414.10. Business License Definition.
§ 414.20. Business License Application
Requirements.
§ 414.30. Time Requirements for Any Change
in License.
§ 414.40. Branch Location Application
Requirements.
§ 414.50. Dealer Branch Location Definition.
§ 414.60. Dismantler Branch Location
Definition.
§ 41 5.00. Surety Bond for Engine Rebuilders.
§415.01. Regulations.
§ 415.02. When Sold Accompanied by Bill of
Sale.
§ 41 6.00. Unlawful Act Without Permit.
§ 416.01. Application for Permit.
§ 416.02. Authority to Issue or Refuse Permit.
§ 416.03. Authority to Temporarily Suspend
Permit.
§ 416.04. Authority to Suspend or Revoke
Permit.
§ 416.05. Authority to Issue Probationary
Permit.
§ 416.06. Change of Address.
§ 416.07. Automatic Cancellation.
§ 417.00. Effect of Action Against Permit.
Page vii
(7-11-2008)
Table of Contents
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
Page
Page
§417.01.
§417.02.
§418.00.
§ 420.00.
§421.00.
Article 6.
§422.01.
§ 423.00.
§ 425.01 .
§ 430.00.
§431.00.
Article 6. 1 .
§ 440.00.
§ 440.02.
§ 440.04.
Article 7.
§ 450.00.
§ 450.02.
§ 450.04.
§ 450.06.
§ 450.08.
§450.10.
Surrender of Permit.
Causes of Action Against Permit.
Unlawful Acts.
Monetary Penalties.
Notices of Suspension.
Administration 28.24
Administrative Fees for Returned
Checks.
Fee Adjustment.
Administrative Fee for Vehicle Code
Book.
Fee for Recording Notice of
Delinquent Parking Violation.
Fee for Recording Notice of
Delinquent Toll Evasion Violation.
Administrative Adjudication — 28.25
Administrative Adjudication
Proceedings.
Occupational License Definition.
Occupational Licensing and
Disciplinary Guidelines.
Federal Citizenship and
Alien Status Requirements
for Benefit Eligibility 28.25
Benefits Subject to Federal
Eligibility Requirements.
Limitations on PRWORA Benefits.
Terms of Issuance and Restrictions.
Appeals Hearings.
Bond Requirements with an
Application for Original
Occupational License For a
Registration Service.
Certification Required with an
Application for an Original
Registration Service License.
§ 450.12.
Temporary Permit and License
Issuance and Posting.
§ 450.14.
Renewal of a Registration Service
License.
§450.16.
Change of Business or Corporate
Name.
§ 450. 1 8.
Addition of a Branch Office or
Change of Address.
§ 450.20.
Employee Changes.
§450.21.
Change of Ownership.
§ 450.22.
Change in Corporate Officer
Structure.
§ 450.24.
Signs.
§ 450.26.
Advertising.
§ 450.28.
Additional Services Provided.
§ 450.30.
Compensation Received by a
Registration Service.
§ 450.32.
Submitting Fees and Documents to
the Department.
§ 450.34.
Subcontracting and Responsibility.
§ 450.38.
Withholding Documents or
Operating Authority.
§ 450.40.
Release of Information.
§ 450.42.
Information for Clients.
§ 450.44.
Listing Sheet for Transmitting
Registration Documents.
§ 450.46.
Incomplete Transactions.
§ 450.48.
Maintenance and Inspection of
Business Records.
§ 450.50.
Electronic Maintenance of Records.
§ 450.52.
Registration Service Voluntarily Out
of Business.
§ 450.54.
Refusal to Issue, Suspension,
Revocation or Cancellation of a
License.
§ 450.56.
Notices of Suspension.
§ 450.58.
Surrender of Records.
§ 450.60.
Certificate of Convenience.
Page viii
(7-11-2008)
Title 13
Department of Motor Vehicles
§ 15.00
TITLE 13. MOTOR VEHICLES
(Originally Printed 7-28^6)
Division 1. Department of Motor Vehicles
Chapter 1. Department of Motor Vehicles
•
Article 1. Department of Motor
Vehicles — Conflict of Interest Code
NOTE: It having been found, pursuant to Government Code Sec-
tion 1 1344, that the printing of the regulations constituting the Conflict
of Interest Code is impractical and these regulations being of limited and
particular application, these regulations are not published in full in the
California Code of Regulations. The regulations are available to the pub-
lic for review or purchase at cost at the following locations:
DEPARTMENT OF MOTOR VEHICLES
2415 FIRST AVENUE
SACRAMENTO, CALIFORNIA 958J8
FAIR POLITICAL PRACTICES COMMISSION
428 "J" STREET. SUITE 800
SACRAMENTO, CALIFORNIA 95814
ARCHIVES
SECRETARY OF STATE
1020 "O" STREET
SACRAMENTO, CALIFORNIA 95814
The Conflict of Interest Code is designated as Article 1, Chapter 1, Di-
vision 1 of Title 13 of the California Code of Regulations, and consists
of sections numbered and titled as follows:
Article 1 . Department of Motor Vehicles — Conflict of Interest Code
Section
1. General Purpose
Appendix
NOTE: Authority cited: Section 87300, et seq., Government Code. Reference:
Section 87300, et seq., Government Code.
History
1. New article 1 (sections 1-10) filed 12-13-77; effective thirtieth day thereafter.
Approved by Fair Political Practices Commission 9-8-77 (Register 77, No. 51).
2. Repealer of article 1 (sections 1-10) and new article 1 (section 1 and Appendix)
filed 7-9-81 ; effective thirtieth day thereafter. Approved by Fair Political Prac-
tices Commission 6-1-81 (Register 81, No. 28).
3. Editorial correction of article 1 (section 1 and Appendix) filed 8-21-81 (Regis-
ter 81, No. 34).
4. Amendment of section 1 and Appendix filed 8-19-83; effective thirtieth day
thereafter. Approved by Fair Political Practices Commission 7-12-83 (Register
83, No. 34).
5. Amendment of section and Appendix filed 4-20-92; operative 5-20-92. Ap-
proved by Fair Political Practices Commission 3-31-92 (Register 92, No. 19).
6. Amendment of Appendix filed 9-15-93; operative 10-15-93. Submitted for
printing only. Approved by Fair Political Practices Commission 9-1 3-93 (Reg-
ister 93, No. 38).
7. Amendment of Appendix filed 10-11-94; operative 1 1—10—94. Submitted to
OAL for printing only. Approved by Fair Political Practices Commission
9-7-94 (Register 94, No. 41).
8. Amendment of Appendix filed 2-26-96; operative 3-27-96. (Register 96, No.
9).
9. Change without regulatory effect amending address for the Fair Political Prac-
tices Commission filed 4-2 1 -97 pursuant to section 100, title 1 , California Code
of Regulations (Register 97, No. 17).
10. Amendment of Appendix filed 4-22-97; operative 5-22-97. Approved by the
Fair Political Practices Commission 3-3-97 (Register 97, No. 17).
11. Amendment of Appendix filed 5-24-99; operative 6-23-99. Approved by
Fair Political Practices Commission 4-12-99 (Register 99, No. 22).
12. Amendment of Appendix filed 5-25-2000; operative 6-24-2000. Approved
by Fair Political Practices Commission 4-6-2000 (Register 2000, No. 21).
13. Amendment of Appendix filed 6-18-2002; operative 7-18-2002. Approved
by Fair Political Practices Commission 5-2-2002 (Register 2002, No. 25).
14. Amendment of Appendix filed 12-28-2004; operative 1-27-2005. Approved
by Fair Political Practices Commission 10-18-2004 (Register 2004, No. 53).
15. Amendment of Appendix filed 10-5-2006; operative 11-4-2006. Approved
by Fair Political Practices Commission 8-22-2006 (Register 2006, No. 40).
16. Amendment of Appendix filed 5-1-2008; operative 5-31-2008. Approved by
Fair Political Practices Commission 4-9-2008 (Register 2008, No. 18).
Article 2. Driver Licenses and Identification
Cards
§ 15.00. Information Required to Establish Legal Presence
in the United States (U.S.) for Purpose of
Determining Eligibility for an Original Driver
License or Identification Card.
(a) U.S. citizens who apply for an original driver license or identifica-
tion card shall submit one of the following documents that is legible and
unaltered to establish proof of the person's legal presence in the United
States.
(1 ) A certified copy of a United States birth certificate issued in or by
a city, county, or state vital statistics department.
(2) A U.S. Certificate of Birth Abroad (FS-545, DS-1350) or a Report
of Birth Abroad of U.S. Citizen (FS-240).
(3) A Proof of Indian Blood Degree issued by the federal government.
(4) A Certified Birth Certificate issued from:
(A) Puerto Rico, on or after January 13, 1941.
(B) Guam, on or after April 10, 1899.
(C) U.S. Virgin Islands, on or after January 17, 1917.
(D) Northern Mariana Islands, after November 4, 1986.
(E) American Samoa.
(F) Swain's Island.
(G) District of Columbia.
(5) A U.S. passport (Expired or unexpired).
(6) One of the following unexpired U.S. Military Identification Cards
and documents:
(A) DD-2 for active duty, reserve or retired Air Force, Army, Marine
Corps, or Navy.
(B) DD-1173 for dependents of active duty military personnel, Air
Force, Army, Marine Corps, or Navy.
(C) AF-447, A-447, MC-447, N-447 for dependents of reserve duty
military personnel, Air Force, Army, Marine Corps, or Navy.
(D) DD-1934 for Medical/Religious personnel.
(E) DD-214 Report of Separation for Air Force, Army, Marine Corps,
or Navy personnel.
(7) Certificate of Naturalization (N-550, N-570, N-578).
(8) Certificate of Citizenship (N-560, N-561, N-645).
(9) Northern Mariana Card issued by INS (1-551).
(10) American Indian Card issued by INS (1-551).
(11) U.S. Citizen Identification Card (1-179, 1-197).
(b) Immigrants shall submit one of the following United States Immi-
gration and Naturalization Service (INS) documents or other document
with an INS notation to prove their legal presence in the United States.
Immigrants are persons who have lawful permanent residency status.
Documents must be legible and unaltered to establish proof of the per-
son's legal presence in the United States.
(1) Resident Alien Card (1-551, AR-3, AR-3A, AR-103).
(2) Temporary Resident Identification Card (1-688).
(3) Alien Registration Receipt Card (1-151) valid until declared inval-
id by INS.
(4) Permanent Resident Re-entry Permit (1-327).
Page 1
Register 2008, No. 18; 5-2-2008
§ 15.01
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(5) U.S. Border Crossing Identification Card and Visa (Known as the
"Mica") with a valid 1-94.
(6) A foreign passport stamped "Processed for 1-551".
(7) Record of Arrival and Departure (1-94) stamped Temporary Evi-
dence of Lawful Admission for Permanent Resident.
(c) Immigrants may also submit one of the following unexpired U.S.
Military Identification Cards and documents:
(1) DD-2 for active duty, reserve or retired Air Force. Army, Marine
Corps, or Navy.
(2) DD-1173 for dependents of active duty military personnel, Air
Force, Army, Marine Corps, or Navy.
(3) AF-447, A-447, MC^147, N-447 for dependents of reserve duty
military personnel, Air Force, Army, Marine Corps, or Navy.
(4) DD-1934 for Medical/Religious personnel.
(5) DD-2 14 Report of Separation for Air Force, Army, Marine Corps,
or Navy personnel.
(d) Non-immigrants shall submit one of the following United States
Immigration and Naturalization Service (INS), Canadian documents or
other document with an INS notation to prove their legal presence in the
United States. Non-immigrants are persons who have lawful temporary
status for a specific purpose. Documents must be legible and unaltered
to establish proof of the person's legal presence in the United States.
(1) Canadian passport (expired or unexpired).
(2) A certified copy of a Canadian birth certificate.
(3) Non-Resident Alien Canadian Border Crossing Card (1-185,
1-586).
(4) Mexican Border Crossing Card (1-186 with a valid 1-94 or 1-586
with a valid 1-94).
(5) Record of Arrival and Departure (1-94 or I-94W) with a valid for-
eign passport.
(6) Record of Arrival and Departure (1-94) with one of the following
types of unexpired foreign passports to Hong Kong residents:
(A) Certificate of Identity.
(B) Document of Identity.
(C) British National Overseas (BNO).
(D) Hong Kong Special Administrative Region (HKSAR).
(e) Other documents which may prove legal presence in the United
States are:
(1 ) A certified order or judgement from a court of competent jurisdic-
tion stating the true full name, date of birth and that the applicant was born
in the U.S. or U.S. Territories or that the applicant's presence in this coun-
try is authorized by Federal law.
(2) Certification provided by the California Youth Authority (CYA)
which verifies the legal presence of the applicant.
(3) Certification provided by the California Department of Correc-
tions (CDC) which verifies the legal presence of the applicant.
(4) Employment Authorization Card (I-688A, I-688B, 1-766).
(5) Record of Arrival and Departure stamped "Refugee, or Asylee, Pa-
rolee or Parole" (1-94) coded: Section 207 (Refugee), 208 (Asylum), 209
(Refugees), 212d(5) (Parolee), HP (Humanitarian Parolee) or PIP (Pub-
lic Interest Parolee).
(6) An immigration Judge's Order Granting Ayslum.
(7) Refugee Travel Document (1-571).
(8) Notice of Action (1-797) Approved Petition).
NOTE: Authority cited: Sections 1651 and 12801.5, Vehicle Code. Reference:
Sections 12800 and 12801.5, Vehicle Code.
History
1. New section filed 1 1-29-93 as an emergency; operative 3-1-94 (Register 93,
No. 49). A Certificate of Compliance must be transmitted to OAL by 6-28-94
or emergency language will be repealed by operation of law on the following
day.
2. Amendment of article heading filed 12-9-93; operative 1-10-94 (Register 93,
No. 50).
3. Certificate of Compliance as to 1 1-29-93 order transmitted to OAL 6-24-94
with amendment of section and Note and filed 8-8-94 (Register 94, No. 32).
4. Editorial correction restoring text and deleting former History 4 (Register 95,
No. 9).
5. Editorial correction of article heading (Register 95, No. 28).
6. Amendment of section heading and section filed 9-27-95; operative 10-27-95
(Register 95, No. 39).
7. Repealer of subsections (a)(4)(H)-(l), amendment of subsections (b)(7) and
(d)(6). and new subsections (d)(6)(A)-(D) filed 6-5-2000; operative 7-5-2000
(Register 2000, No. 23).
8. Change without regulatory effect redesignating article 2 to article 2.0 and
amending article heading filed 7-23-2003 pursuant to section 100, title 1,
California Code of Regulations (Register 2003, No. 30).
9. Amendment redesignating article 2.0 as article 2 and amending article heading
filed 9-9-2004 as an emergency; operative 9-9-2004 (Register 2004, No. 37).
A Certificate of Compliance must be transmitted to OAL by 1-7-2005 or emer-
gency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 9-9-2004 order transmitted to OAL
12-20-2004 and filed 1-26-2005 (Register 2005, No. 4).
§ 15.01. Out-of-State Driver License Verification for
Driving Test Waiver.
(a) The "acknowledged national driver record data source" as speci-
fied in Section 1 2804.9 of the Vehicle Code shall be the National Driver
Register Problem Driver Pointer System.
(b) The department shall inquire the Problem Driver Pointer System
whenever an original California driver license applicant presents a li-
cense issued by another state, territory, or possession of the United
States, District of Columbia, or the Commonwealth of Puerto Rico.
(c) Pursuant to Section 1 2804.9 of the Vehicle Code, the department
may waive the behind-the-wheel drive test portion of the driver license
examination process under the following conditions:
( 1 ) An applicant presents an expired or unexpired driver license issued
by another state, territory, or possession of the United States, District of
Columbia, or the Commonwealth of Puerto Rico; and
(2) The department confirms through the Problem Driver Pointer Sys-
tem the status of the out-of-state driver license, and that there are no
holds, stops, or other impediments (such as suspensions, revocations or
withdrawals) to issuance of a California driver license.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 12804.9,
Vehicle Code.
History
1. New section filed 10-7-99; operative 11-6-99 (Register 99, No. 41).
§ 15.03. Terms of Issuance and Restrictions.
(a) The department shall issue a temporary driver license valid for up
to 60 days provided there is no other cause for refusal pending verifica-
tion of documents submitted as proof of legal presence, or to allow appli-
cants sufficient time to provide such documents. The department may
extend the temporary license if the applicant provides evidence that he/
she is in the process of obtaining proof of legal presence.
(b) The department shall not issue a driver license or identification
card if the documents submitted as proof of legal presence in the United
States indicate an expiration date less than 61 days from the application
date. Canadian and U.S. passports are not subject to this requirement.
(c) The department shall not accept an application for an original iden-
tification card if the applicant cannot provide one of the documents in
Section 15.00 to establish proof of legal presence.
(d) The department may elect to verify the authenticity of any docu-
ment provided as proof of legal presence. Verification of documents may
include electronic verification systems or manual methods.
(e) The department may issue a driver license or identification card
termed to expire on the same date as the expiration date on the valid INS
document.
NOTE: Authority cited: Sections 1651 and 12801.5, Vehicle Code. Reference:
Sections 12506, 12800, 12801.5, 12805, 12816, 13000, 13002 and 14100, Ve-
hicle Code.
History
1. New section filed 11-29-93 as an emergency; operative 3-1-94 (Register 93,
No. 49). A Certificate of Compliance must be transmitted to OAL by 6-28-94
or emergency language will be repealed by operation of law on the following
day.
2. Certificate of Compliance as to 11-29-93 order transmitted to OAL 6-24-94
with new subsection (e) and amendment of Note and filed 8-8-94 (Register 94,
No. 32).
3. Certificate of Compliance for subsection (b) disapproved by OAL; emergency
language repealed by operation of Government Code section 1 1 346. 1(f) (Regis-
ter 94, No. 32).
4. New subsection (b) refiled 8-9-94 as an emergency; operative 8-9-94 (Regis-
ter 94, No. 32). A Certificate of Compliance must be transmitted to OAL by
Page 2
Register 2008, No. 18; 5-2-2008
Title 13
Department of Motor Vehicles
§ 20.04
12-7-94 or emergency language will be repealed by operation of law on the fol-
lowing day.
5. Certificate of Compliance as to 8-9-94 order including amendment of subsec-
tions (a), (b), (e) and Note transmitted to OAL 12-2-94 and filed 1-19-95
(Register 95. No. 3).
6. Editorial correction of subsection (e) and History 5 (Register 95, No. 9).
7. Amendment of subsection (e) and NOTE filed 9-27-95; operative 10-27-95
(Register 95, No. 39).
§ 15.04. Social Security Account Number Verification.
(a) The department shall verify the authenticity of any social security
number provided on a driver license or identification card application.
Verification of social security numbers may include the use of electronic
verification systems and manual methods.
(b) The department shall not issue a driver license or identification
card, or a temporary license, interim license, or instruction permit, if the
social security number submitted to the department does not match the
records of the Social Security Administration.
(c) The department shall not accept an application for a driver license
or identification card if the application does not include the applicant's
social security number. Exception:
(1) If the application was submitted with document(s) that establish
proof of the applicant's legal presence in the United States, AND
(2) The Department of Homeland Security verifies that the applicant
is in the country legally but is not authorized to work, and is therefore in-
eligible for a social security number.
NOTE: Authority cited: Section 1651, Vehicle Code; and Thomas Lauderbach et
ai, v. FrankS. Zolin. 35Cal. App. 4th 578; 41 Cal. Rptr. 2d 434 (1995). Reference:
Sections 1653.5, 12506, 12800 and 12801.5, Vehicle Code; and Thomas Lander-
bach et ai, v. Frank S. Zolin, 35 Cal. App. 4th 578; 41 Cal. Rptr. 2d 434 (1995).
History
1. New section filed 7-19-2005; operative 8-18-2005 (Register 2005, No. 29).
§15.05. Appeals Hearings.
The department shall provide for an appeals hearing from denials of
identification cards, driver licenses, or temporary driver licenses. The
hearing shall be held in accordance with Article 3 (commencing with
Section 14100) of Chapter 3 of Division 6 of the Vehicle Code. The only
issue at the hearing shall be whether the department has acted properly
in refusing to issue an identification card, a temporary driver license, or
a permanent driver license.
NOTE: Authority cited: Sections 1651 and 12801.5, Vehicle Code. Reference:
Sections 12506, 12800, 12801.5, 12816 and 14100, Vehicle Code.
History
1. New section filed 1 1-29-93 as an emergency; operative 3-1-94 (Register 93,
No. 49). A Certificate of Compliance must be transmitted to OAL by 6-28-94
or emergency language will be repealed by operation of law on the following
day.
2. Certificate of Compliance as to 11-29-93 order transmitted to OAL 6-24-94
with amendment of Note and filed 8-8-94 (Register 94, No. 32).
3. Amendment filed 9-27-95; operative 10-27-95 (Register 95, No. 39).
§15.06. True Full Name.
For purposes of this article, "true full name" is defined as the name spe-
cified on one of the documents listed in Section 15.00 in Article 2, Chap-
ter 1, Division 1, of Title 13 of the California Code of Regulations neces-
sary to establish legal presence, birth verification, or a name change, that
is submitted at the time of application. The true full name shall be the
name that appears on the driver license or identification card, and re-
corded on the driving record.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 12800,
12800.7 and 13000, Vehicle Code.
History
1. New section filed 5-18-99; operative 6-17-99 (Register 99, No. 21 ).
§ 15.07. Reduced Fee Identification Cards.
(a) An applicant for a reduced fee Department of Motor Vehicles iden-
tification card shall submit a completed Verification of Reduced Fee
Identification Card, form DL 937, (NEW 8/2004), signed under penalty
of perjury under the laws of the State of California by a representative of
a governmental or non-profit entity pursuant to requirements of Vehicle
Code Section 14902. The Verification of Reduced Fee Identification
Card, form DL 937, (NEW 8/2004) is hereby incorporated by reference.
(1) The certification of eligibility in the Verification of Reduced Fee
Identification Card shall be dated within 60 days of the application for the
reduced fee identification card.
NOTE: Authority cited: Sections 1651 and 1678, Vehicle Code. Reference: Sec-
tions 1678 and 14902, Vehicle Code.
History
1. New section filed 9-9-2004 as an emergency; operative 9-9-2004 (Register
2004. No. 37). A Certificate of Compliance must be transmitted to OAL by
1-7-2005 or emergency language will be repealed by operation of law on the
following day.
2. Certificate of Compliance as to 9-9-2004 order transmitted to OAL
12-20-2004 and filed 1-26-2005 (Register 2005, No. 4).
§ 20.02. Definition of Motor Vehicles Documents.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 12500
and 13000, Vehicle Code.
History
1. New section filed 12-9-93; operative 1-10-94 (Register 93, No. 50).
2. Editorial correction adding subheading before section (Register 95, No. 28).
3. Repealer filed 9-6-96; operative 10-6-96 (Register 96, No. 36).
4. Repealer of subheading filed 5-18-99; operative 6-17-99 (Register 99, No.
21).
§ 20.04. Information Required for a Name Change on a
Driver License or Identification Card.
(a) Upon application for an original California driver license or identi-
fication card, the department shall require the applicant to produce identi-
fication necessary to ensure the name provided on the application is the
individual's true full name.
(1) If the name provided on the application conflicts with the name on
the document or documents submitted to establish legal presence or birth
verification at the time of application, the department shall require the ap-
plicant to provide additional documentary evidence to establish that the
name on the application is his or her true full name.
(b) Upon application for a renewal or duplicate California driver li-
cense or identification card, or before a California driver license or iden-
tification card may be issued, reissued, or returned to the licensee after
a refusal, cancellation, probation, restriction, suspension or revocation of
the person's driving privilege, the department shall require the applicant
to produce identification when necessary to ensure the name provided on
the application is the individual's true full name.
(c) Upon application for a change of name on a California driver li-
cense or identification card, the department shall require the applicant to
produce identification to ensure the name provided on the application is
his or her true full name.
(d) The department will accept an original or certified copy of one of
the following documents that is legible and unaltered as additional docu-
mentation to establish the applicant's true full name as required by sub-
sections (a) and (b), or as identification to establish the applicant's true
full name for a name change:
(1) Any document specified in Section 15.00 in Article 2, Chapter 1,
Division 1, of Title 13 of the California Code of Regulations.
(2) A completed Medical Information Authorization (Name and Gen-
der Change) form DL 328 (Rev. 5/96), which is hereby incorporated by
reference, verifying the applicant is in the process of, or has completed,
a gender change.
(3) A document issued by a competent jurisdiction which contains the
applicant's legal name, date of birth, if available, and government seal,
stamp or other official imprint including, but not limited to:
(A) An adoption document which contains the legal name of the indi-
vidual as a result of the adoption
(B) A name change document which contains the individual's legal
name both before and, as a result of, the name change.
(C) A marriage certificate.
(D) A dissolution of marriage document which contains the legal name
of the individual as a result of the court action.
(E) A certificate, declaration or registration document verifying the
formation of a domestic partnership.
Page 3
Register 2006, No. 37; 9-15-2006
§ 20.06
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(4) For purposes of this subsection, "competent jurisdiction" is de-
fined as any governmental agency within the United States, District of
Columbia, territory or possession of the United States, including federal,
state, and local agencies, or a foreign state or its equivalent, duly autho-
rized to issue documents for adoption, name change, marriage, or dis-
solution of marriage.
NOTE: Authority cited: Section 1651. Vehicle Code. Reference: Sections 12800,
12800.7, 12809 and 13000, Vehicle Code.
History
1. New section filed 5-18-99; operative 6-1 7-99 (Register 99, No. 21). For prior
history, see Register 97. No. 26.
2. Amendment of section and Note filed 5-24-2001 as an emergency; operative
5-24-2001 (Register 2001, No. 2 1 ). A Certificate of Compliance must be trans-
mi tted to OAL by 9-2 1 -200 1 or emergency language wi 11 be repealed by opera-
tion of law on the following day.
3. Certificate of Compliance as to 5-24-2001 order transmitted to OAL 9-7-2001
and filed 10-17-2001 (Register 2001 , No. 42).
§ 20.06. Identification Elements and Document Inspection
Terms.
(a) In addition to the content and form of a driver license specified in
Vehicle Code sections 12800.5 and 12811, the essential elements of
identification on a driver license include:
( 1 ) A description of the sex, hair, eyes, height, and weight of the indi-
vidual.
(2) The type of license.
(3) Endorsements and restrictions assigned to the driving privilege.
(b) A visually mutilated driver license or identification card means any
essential element of information contained on the driver license or identi-
fication card is obstructed, absent, illegible, or exposed through the pro-
tective sealant or other technologically advanced visual security feature.
(c) In addition to (b), if the driver license or identification card contains
a magnetic stripe, mechanically mutilated means that the document is un-
able to pass through a mechanical device designed to read the essential
elements of identification contained in the magnetic stripe located on the
reverse side of a driver license or identification card.
(d) In addition to (b) and (c), if the driver license or identification card
contains a magnetic stripe, electronically mutilated means that the driver
license or identification card is unable to transmit essential elements of
identification through an electronic process or device designed to read
the information contained in the magnetic stripe located on the reverse
side of a driver license or identification card.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections
12800.5, 12811, 12815, 13003, 13005 and 13005.5, Vehicle Code.
History
1. New section filed 12-9-93; operative 1-10-94 (Register 93, No. 50).
2. Amendment of section heading, section and Note filed 6-27-97; operative
7-27-97 (Register 97, No. 26).
§ 20.08. Replacement of an Invalid/Mutilated Document.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 12815
and 13003, Vehicle Code.
History
1. New section filed 12-9-93; operative 1-10-94 (Register 93, No. 50).
2. Repealer filed 6-27-97; operative 7-27-97 (Register 97, No. 26).
§ 25.01 . Fraudulent Application for a Driver License or
Identification Card.
(a) For the purposes of this section, "an application" means any form
currently in use, under revision, or developed in the future by the depart-
ment for the process of establishing driving privileges or personal identi-
fication.
(b) The department may revoke the driving privilege, for a period of
up to one year, of an individual who submits an application for a driver
license to the department which is determined to include, be substan-
tiated with, or presented with fraudulent information or documentation.
The individual may not reapply for a driver license until the period of re-
vocation is completed. An individual subject to a revocation action pur-
suant to this section shall immediately surrender any California driver li-
cense issued, including temporary licenses, to the department or a peace
officer upon notification of the action.
(c) The department shall immediately cancel an identification card
which was issued based on submission of a fraudulent application. An
individual subject to a cancellation pursuant to this section shall immedi-
ately surrender any identification card so canceled to the department or
a peace officer upon notification of the action.
NOTE: Authority cited: Section 1 65 1 , Vehicle Code. Reference: Sections 20.
12809(d), 13101, 13004(a), 13359, 13551(a), 13362 and 14610, Vehicle Code.
History
1 . New article 2.0 and section filed 9-18-95; operative 10-1.8-95 (Register 95.
No. 38).
2. Change without regulatory effect deleting article heading filed 7-23-2003 pur-
suant to section 100, title 1, California Code of Regulations (Register 2003, No.
30).
Article 2.1. Commercial Driver Licenses
§ 25.06. Authority and Definitions.
The department is authorized in Part 383 of Title 49 of the Code of Fed-
eral Regulations to use third-party testers to conduct the commercial be-
hind-the-wheel driving test under specified conditions. For purposes of
these regulations, the following definitions apply:
(a) Certified Driver. A driver that has been issued a Certificate of Driv-
ing Skill (DL170ETP, Rev. 11/02 or Firefighter Certificate of Driving
Skill (DL 170F ETP, New 1 1/05)) by his or her employer for the purpose
of waiving the department-administered driving test portion of the com-
mercial driver testing process. The Firefighter Certificate of Driving
Skill form is hereby incorporated by reference.
(b) Driving Test. The driving test is a performance test that consists of
three components: a pre-trip inspection, skills test, and road test.
(c) Employee. Employee means a person who performs services for
wages or salary under a contract of employment, expressed or implied for
an employer. (See Labor Code Section 1 132.2.). In addition, a volunteer
of an employer who has an established volunteer workforce will be con-
sidered an employee, provided the employer has covered the employee
under its Workers Compensation Insurance policy, and the employee has
coverage under the Employer's liability insurance policy. (Example:
Volunteer fire departments.)
(d) Employer Testing Program. The State of California's third-party
commercial driver testing program. California Vehicle Code Section
15250(c) grants the department the authority to authorize third-party tes-
ters to conduct the commercial driving test portion of the commercial
driver license testing process.
(e) Employer. A California sole proprietor, partnership, company, cor-
poration, association, government entity or any other entity that meets
the enrollment criteria to participate in the Employer Testing Program.
(f) Firefighting Organization. A federal or state agency which pro-
vides firefighting services; or a regularly organized fire department of a
city, county, city and county, or district; or a regularly organized fire de-
partment having official recognition of the city, county, city and county,
or district in which the department is located.
(g) Governmental Employer. The United States Government or any
subdivision, department, court or agency thereof; the state or any subdi-
vision, department, court or agency thereof, including special districts,
school districts, the Board of Regents of the University of California; or
any city, county, city and county or any agency or subdivision thereof.
(h) Route Approval. A review by the department of an employer's pri-
mary and alternate driving test routes to ensure that each route meets the
requirements set forth by the department for use by the Employer Testing
Program participants.
(i) Testing Location. A place of business in California where an em-
ployer is authorized by the department to conduct driving tests utilizing
the department approved primary and alternate driving test routes.
(j) Third-Party Tester. An employer with a place of business in
California that is authorized by the department to conduct commercial
behind-the-wheel driving tests for employees on behalf of the depart-
Page4
Register 2006, No. 37; 9-15-2006
Title 13
Department of Motor Vehicles
§ 25.08
ment. California Vehicle Code Section 15250(c) grants the department
authority to authorize third-party testers to conduct the commercial driv-
ing test.
NOTE: Authority cited: Section 1 651 , Vehicle Code. Reference: Sections 12804.9,
15250 and 15250.6, Vehicle Code; Part 383, of Title 49 of the Code of Federal
Regulations; and Section 1132.2, Labor Code.
History
1. New section filed 1-5-2004; operative 2-4-2004 (Register 2004, No. 2).
2. Amendment of subsection (a), new subsection (f), subsection relettering and
amendment of Note filed 9-14-2006; operative 10-14-2006 (Register 2006,
No. 37).
§ 25.07. Employer Prerequisites.
(a) The employer requesting participation in the Employer Testing
Program must be engaged in an activity that includes the use of vehicles
requiring its employees to possess a valid Class A or Class B commercial
driver license or a restricted firefighter Class A or Class B driver license.
(b) The employer must have a terminal(s) in California where business
is conducted, driving tests are conducted, and Employer Testing Program
records are kept. Rental of a desk or desk space in a structure that is not
owned, leased, or rented by the employer does not constitute a valid place
of business for purposes of Employer Testing Program qualifications.
(c) A firefighting organization may request limited participation in the
Employer Testing Program to conduct behind-the-wheel driving tests
only for the purpose of enabling a firefighter to obtain Class A or B li-
cense restricted to the operation of firefighting equipment.
(1) To request limited participation in the Employer Testing Program,
the firefighting organization shall complete a Application for Employer
Number Addendum (DL 520FETP, New 1 1/05), which is hereby incor-
porated by reference, in addition to the Application for Employer Num-
ber (DL 520 ETP, Rev 8/02).
(2) A firefighting organization that is granted limited participation in
the program shall not be provided or authorized to issue a Certificate of
Driving Skill (DL 170 ETP, Rev. 11/02).
(3) A firefighting organization that is granted limited participation in
the program will be provided and authorized to issue a Firefighter Certifi-
cate of Driving Skill (DL 170F ETP, New 1 1/05).
NOTE: Authority cited: Section 1 65 1 , Vehicle Code. Reference: Sections 1 2804.9,
15250 and 15250.6, Vehicle Code; and Part 383, of Title 49 of the Code of Federal
Regulations.
History
1. New section filed 1-5-2004; operative 2-4-2004 (Register 2004, No. 2).
2. Amendment of subsection (a), new subsections (c)-(c)(3) and amendment of
Note filed 9-14-2006; operative 10-14-2006 (Register 2006, No. 37).
§ 25.08. Employer Testing Program Enrollment.
(a) The employer requesting participation in the Employer Testing
Program must submit:
(1) An original Employer Testing Program Application for Employer
Number (DL520ETP, Rev. 8/02), hereinafter referred to as the Applica-
tion (DL520ETP, Rev. 8/02). The Application (DL520ETP, Rev. 8/02)
will serve as the employer's written agreement with the department. The
completed Application (DL520ETP, Rev. 8/02) shall include the follow-
ing:
(A) An indication of the type of Application, whether original or re-
newal.
(B) Name of employer.
(C) Previous employer number(s), if any.
(D) Mailing address (city, state, and zip code).
(E) Telephone number(s), including area code(s).
(F) Street address (city, state, and zip code).
(G) Number of commercial drivers employed.
(H) Number of commercial vehicles in fleet.
(I) Nature of business and use of vehicles.
(J) License class(es) for which driver testing authority is being re-
quested. Requested authority must be consistent with the nature of the
employer's business.
(K) Whether vehicles carry Hazardous Materials.
(L) Street address(es) (city(ies), state and zip code(s)) and telephone
number(s), including area code where the primary and alternate driving
test routes originate.
(M) The department's route approval numbers (both primary and al-
ternate driving test routes), if using an existing department approved
route(s).
(N) Facility name(s), street address(es) (city(ies), state, and zip
code(s)) and telephone number(s), including area code where employer' s
training, testing and employment records are kept.
(O) List of Authorized Representative(s) by name, driver license num-
ber, telephone number including area code, address, whether the individ-
ual is being added or deleted and date of action.
(P) Administrator's driver license number.
(Q) Administrator's printed name and title.
(R) Administrators signature under penalty of perjury under the laws
of the State of California certifying that the contents of the Application
(DL520ETP Rev. 8/02) are true and correct, and that the employer will
abide by the provisions of Title 13, California Code of Regulations, Sec-
tions 25.06 through 25.22, and Vehicle Code Sections 12804.9(e) and
15250 (c) and (d), governing the Employer Testing Program.
(S) Administrator's office street address (city, state, and zip code).
(T) An indication of the employer's participation in the department's
Employer Pull Notice (EPN) program and the EPN number, if applicable.
(2) Documentation of primary and alternate driving test routes on the
Employer Testing Program Commercial Driving Performance Evalua-
tion Route and Directions (DL814ETP, Rev. 2/05) and the Employer
Testing Program Commercial DPE Maneuver Checklist (DL807ETP,
Rev. 7/02), which are hereby incorporated by reference, and route map(s)
for each driving test route, for department review and approval.
(3) Non-governmental employers shall pay a non-refundable applica-
tion fee of $45 ($15 for each year for a period of three years).
(b) The department shall assign a unique identifying number, hereafter
referred to as the employer number, to each employer enrolled in the Em-
ployer Testing Program. Exception: Firefighting organizations may
band together under one employer number when using the same driving
test route(s).
(c) The department shall notify the employer of its assigned employer
number and department route approval number(s) within 30 days of the
department's receipt of a complete Application (DL520ETP Rev. 8/02)
package.
(d) The department shall return the Application (DL520ETP, Rev.
8/02) to the employer within 15 days of the department's receipt of the
Application if the Application is incomplete with a cover letter listing the
items needing correction. No changes shall be made to the Application
(DL 520ETP, Rev 8/02) by department staff.
(e) No amendment, alteration, or variation of the Application
(DL520ETP, Rev. 8/02) and Application for Employer Number Adden-
dum (DL520FETP, New 1 1/05) (firefighting organizations) shall be val-
id unless made in writing and signed by the employer's Administrator
and approved by the department.
(f) A Firefighting organization may request limited participation in the
Employer Testing Program to conduct behind-the-wheel driving tests
only for the purpose of enabling a firefighter to obtain a Class A or B li-
cense restricted to the operation of firefighting equipment. Firefighting
organizations requesting limited participation shall submit an Applica-
tion for Employer Number Addendum (DL520FETP, New 1 1/05) which
is hereby incorporated by reference. The addendum shall be submitted
before or during an Employer's enrollment term in the Employer Testing
Program.
(g) If the Application (DL520ETP, Rev. 8/02) process has not been
completed within 12 months of the department's receipt of the Applica-
tion (DL520ETP, Rev. 8/02), that Application (DL520ETP, Rev. 8/02)
becomes void, and a new Application (DL520ETP, Rev. 8/02), and a
non-refundable application fee must be submitted to the department.
(h) The department shall initiate a staggered renewal cycle for existing
employers, by imposing a one, two, or three-year renewal period on a
Page 4.1
Register 2006, No. 37; 9-15-2006
§ 25.09
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
one-time basis at the time these regulations are adopted. Subsequent re-
newal periods shall be for the three-year period. The employer must re-
new its employer number every three years to remain active in the pro-
gram.
(i) The department shall send the employer a renewal packet no later
than 90 days prior to expiration of the employer number, which shall in-
clude:
(1) An Application (DL520ETP, Rev. 8/02) for completion.
(2) For firefighting organizations granted limited participation in the
Employer Testing Program: An Application for Employer Number Ad-
dendum (DL520FETP, New 1 1/05).
(3) A list of drivers certified in the prior period for verification.
(4) A request for payment of an application fee ($15 for each year)
from non-government employers.
(j) The employer shall submit, no later than 45 days prior to expiration
of the employer number, the following to renew its employer number.
Failure to meet this time frame and/or to provide the required documents
may delay the renewal of the employer number.
(1) A completed and signed renewal Application (DL520ETP, Rev.
8/02).
(2) A completed and signed Application for Employer Number Ad-
dendum (DL520FETP, New 1 1/05), if applicable.
(3) A list of drivers certified in the prior period signed by the Adminis-
trator.
(4) Payment of an application fee ($15 for each year) from non-gov-
ernment employers.
(k) An existing employer shall be required to submit documentation
of its primary and alternate driving test routes on the Employer Testing
Program Commercial Driving Performance Evaluation Route and Direc-
tions (DL814 ETP, Rev. 2/05), the Employer Testing Program Commer-
cial DPE Maneuver Checklist (DL807ETP, Rev. 7/02), and route map(s)
for each driving test route, for department review and approval, with its
first renewal Application (DL520ETP, Rev. 8/02).
(/) The department shall return the Application (DL520ETP, Rev.
8/02) within 15 days of the department's receipt if the renewal Applica-
tion (DL520ETP, Rev. 8/02) is incomplete with a cover letter listing the
items needing correction. No changes shall be made to the Application
(DL520ETP, Rev. 8/02) by department staff.
(m) The department shall approve the application and notify the em-
ployer of its renewed employer number and any new department route
approval numbers, within 30 days of receipt of a complete Application
(DL520ETP, Rev. 8/02) package.
(n) At the discretion of the department, the employer number expira-
tion date may be extended if all application requirements have been met.
(0) If the employer number is expired, cancelled, suspended, or re-
voked for more than 12 months, the employer shall submit an original
Application (DL520ETP, Rev. 8/02) with the appropriate documents and
application fees.
NOTE: Authority cited: Section 1651 , Vehicle Code. Reference: Sections 12804.9,
1 5250 and 15250.6, Vehicle Code; and Part 383, of Title 49 of the Code of Federal
Regulations.
History
1. New section filed 1-5-2004; operative 2-4-2004 (Register 2004, No. 2). For
prior history, see Register 96, No. 15.
2. Amendment of subsections (a)(2) and (e), new subsection (f), subsection relet-
tering, new subsections (i)(2) and (j)(2), subsection renumbering, amendment
of newly designated subsection (k) and amendment of Note filed 9-14-2006;
operative 10-14-2006 (Register 2006, No. 37).
§ 25.09. Application Changes.
(a) The following changes must be reported to the department within
10 days of occurrence in writing on company letterhead, or by submitting
a completed and signed Application (DL520ETP, Rev. 8/02):
(1) Change of address.
(2) Change of Authorized Representative.
(3) Change in class of license for which driver testing authority is re-
quested.
(b) A change of Administrator or change of employer name must be
reported to the department within 10 days of occurrence by submitting
an Application (DL520ETP, Rev. 8/02).
NOTE: Authority cited: Section 1651. Vehicle Code. Reference: Sections 12804.9
and 1 5250, Vehicle Code; and Part 383, of Title 49 of the Code of Federal Regula-
tions.
History
1. New section filed 1-5-2004; operative 2-4-2004 (Register 2004, No. 2).
§25.10. Driving Test Routes.
(a) Upon adoption of these regulations, every employer who applies
for a new and/or renewed employer number must provide documentation
of primary and alternate driving test routes on the Employer Testing Pro-
gram Commercial Driving Performance Evaluation Route and Direc-
tions (DL814ETP, Rev. 2/05), Employer Testing Program Commercial
DPE Maneuver Checklist (DL807ETP, Rev. 7/02), and route map(s).
Upon the department's approval, each route will be given a department
route approval number.
(b) The department route approval number assigned to the route used
for the driving test shall be required on the driving test score sheets and
on the Certificate of Driving Skill (DL170ETP, Rev. 11/02) or on the
Firefighter Certificate of Driving Skill (DL170FETP, New 11/05).
(c) The department may approve a waiver of missing route elements
upon written request by the employer on the Employer Testing Program
Commercial DPE Maneuver Checklist (DL807ETP, Rev. 7/02) prior to
use of the route.
(d) Any changes to an approved route must be reported by the employ-
er on the Employer Testing Program Commercial Driving Performance
Evaluation Route and Directions (DL814ETP, Rev. 2/05), Employer
Testing Program Commercial DPE Maneuver Checklist (DL807ETP,
Rev. 7/02), along with the route map, and approved by the department
prior to use. A new route number may be issued to changed routes.
(e) Corrections to any route found to be deficient by the Federal Motor
Carrier Safety Administration (FMCS A), or its representative, and/or the
department, or its representative, must be reported by the employer on the
Employer Testing Program Commercial Driving Performance Evalua-
tion Route and Directions DL814ETP, Rev. 2/05), Employer Testing
Program Commercial DPE Maneuver Checklist (DL807ETP, Rev.
7/02), and route map; and approved by the department before the new/re-
vised route may be used.
NOTE: Authority cited: Section 1 65 1 , Vehicle Code. Reference: Sections 1 2804.9,
1 5250 and 15250.6, Vehicle Code; and Part 383, of Title 49 of the Code of Federal
Regulations.
History
1. New section filed 1-5-2004; operative 2-4-2004 (Register 2004, No. 2). For
prior history, see Register 97, No. 30.
2. Amendment of section and Note filed 9-14-2006; operative 10-14-2006
(Register 2006, No. 37).
§ 25.1 1 . Quality Assurance Oversight.
(a) The employer shall establish and maintain a quality assurance pro-
gram that:
(1) Ensures compliance with all provisions and terms of the Employer
Testing Program regulations contained in the California Code of Regula-
tions, Title 13, Sections 25.06 through 25.22.
(2) Ensures adequate internal controls are established for program re-
sponsibilities, and appropriate separation of duties are in place for pro-
gram participants, in accordance with Section 25.19 of these regulations.
(3) Authorizes the Federal Motor Carrier Safety Administration, or its
representative, and the department to conduct random examinations, in-
spections and audits without prior notice.
(4) Permits the department, or its representative to conduct on-site in-
spections at least annually.
(5) Permits the department to retest certified drivers without cause to
compare pass/fail results.
NOTE: Authority cited: Section 1651 , Vehicle Code. Reference: Sections 12804.9
and 15250, Vehicle Code; and Part 383, of Title 49 of the Code of Federal Regula-
tions.
History
1. New section filed 1-5-2004; operative 2-4-2004 (Register 2004, No. 2). For
prior history, see Register 96, No. 15.
Page 4.2
Register 2006, No. 37; 9-15-2006
Title 13
Department of Motor Vehicles
§ 25.15
•
§ 25.12. Driver Training Program.
(a) Every employer shall establish a driver training program tor its
commercial drivers.
(b) Prior to testing employees for certification purposes under the Em-
ployer Testing Program, the employer must provide the employee com-
mercial driver training that includes the following critical elements:
(1) Conducting a vehicle pre-trip safety inspection.
(2) Placing the vehicle or a combination of vehicles in operation.
(3) Using vehicle controls and emergency equipment.
(4) Operating the vehicle in traffic on public roads, and while passing
other vehicles.
(5) Turning the vehicle.
(6) Braking and slowing the vehicle by means other than braking.
(7) Backing and parking the vehicle.
NOTE: Authority cited: Section 1 65 1 , Vehicle Code. Reference: Sections 1 2804.9
and 15250. Vehicle Code; and Part 383, of Title 49 of the Code of Federal Regula-
tions.
HrSTORY
1 . New section filed 1-5-2004; operative 2-4-2004 (Register 2004, No. 2).
§25.13. Driving Test Program.
(a) The employer must establish a driving test program for certifica-
tion purposes under the Employer Testing Program, which includes the
utilization of the Commercial Driver License Driving Performance Eval-
uation criteria established by the department, in all driving tests used for
certification purposes.
(b) AH driving tests must be conducted by an Examiner who has been
authorized by the department to conduct driving tests for the Employer
Testing Program.
(c) All driving tests must be conducted on an employer's department
approved route, with no deviations from the approved route.
(d) If the employer utilizes a commercial vehicle with special equip-
ment plates during the driving test, a trip permit is required at the time of
the test.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 12804.9
and 1 5250, Vehicle Code; and Part 383, of Title 49 of the Code of Federal Regula-
tions.
History
1. New section filed 1-5-2004; operative 2-4-2004 (Register 2004, No. 2).
§ 25.14. Certificate of Driving Skill (DL170ETP and
DL170FETP).
(a) Upon successful completion of the driving test, a Certificate of
Driving Skill (DL170ETP, Rev. 1 1/02) or Firefighter Certificate of Driv-
ing Skill (DL170FETP, New 1 1/05) shall be completed and signed by the
Authorized Representative, Examiner, and driver under penalty of perju-
ry under the laws of the State of California.
(b) When the Certificate of Driving Skill (DL170ETP, Rev. 1 1/02) or
Firefighter Certificate of Driving Skill (DL170FETP, New 11/05) is
presented to the department, the department may waive the driving test
for a Class A or B license or restricted firefighter license when the driver
has first qualified for a Class C driver license, has met the other examina-
tion requirements for the license for which the driver is applying as speci-
fied in Vehicle Code Section 12804.9, and the department verifies that
the Certificate of Driving Skill (DL170ETP Rev. 11/02) or Firefighter
Certificate of Driving Skill (DL170FETP, New 11/05) was issued under
the provisions of the Employer Testing Program by an authorized em-
ployer.
(c) A Certificate of Driving Skill (DL170 ETP, Rev. 11/02) or Fire-
fighter Certificate of Driving Skill (DL170FETP, New 1 1/05) shall in-
clude the following:
(1) Driver's name.
(2) Driver's driver license number.
(3) Driver's address, including city, state and zip code.
(4) Driver's home telephone number, including area code.
(5) Driver's work telephone number, including area code.
(6) Driver's date of employment with employer.
(7) Driver's signature and date signed under penalty of perjury under
the laws of the State of California, including city and county where
executed.
(8) Date driver passed the driving test.
(9) Type of vehicle(s), and vehicle features, used in the driving test.
(10) Department route approval number.
(11) Vehicle license plate number(s).
(12) Trailer identification plate number(s), if applicable.
(13) Examiner's printed name.
(14) Examiner's California commercial driver license number.
(15) Examiner's signature and date signed under penalty of perjury
under the laws of the State of California, including city and county where
executed.
(16) Authorized Representative's printed name.
(17) Authorized Representative's driver license number.
(18) Authorized Representative's signature and date signed under
penalty of perjury under the laws of the State of California, including city
and county where executed.
(19) Authorized Representative's telephone number including area
code and extension.
(20) Employer name.
(21) Employer address, including city, state, and zip code.
(22) Employer number.
(d) A Firefighter Certificate of Driving Skill (DL170FETP, New
1 1/05) shall include all of the information on a Certificate of Driving Skill
(DL170ETP, Rev. 11/02) pursuant to Section 25.14(c), and a statement
that the driver understands that the license issued based on the certificate
will be restricted to operation of firefighting equipment and Class C ve-
hicles.
NOTE: Authority cited: Section 1651 , Vehicle Code. Reference: Sections 12804.9,
15250 and 15250.6, Vehicle Code; and Part 383, of Title 49 of the Code of Federal
Regulations.
History
1. New section filed 1-5-2004; operative 2-4-2004 (Register 2004, No. 2).
2. Amendment of section heading, section and NOTE filed 9-14-2006; operative
10-14-2006 (Register 2006, No. 37).
§ 25.15. Record-Keeping Program.
(a) The employer shall keep records of Employer Testing Program re-
lated information on training and testing provided to its certified em-
ployee drivers. The employer's records shall include the following:
(1) The employee's full name, address, and driver license number.
(2) The type of instruction the driver was given during training.
(3) The date(s) instruction was given.
(4) The subjects covered.
(5) The total hours of instruction.
(6) The training instructor's full name and address.
(7) A copy of the instructor' s contract with the employer, if applicable.
(8) The results of any driving test conducted in conjunction with the
training.
(9) The driving test Examiner's name and driver license number.
(10) Examiner's written contract with the employer.
( 1 1 ) An Employer Testing Program Exami ner Dri ver Testing Log (DL
819 ETP, New 1/2005), which is incorporated by reference, shall docu-
ment the driving tests conducted, including both passed and failed driv-
ing tests. A copy of the Examiner's log shall document the past 90 days
of certificate activity. The Examiner's log shall include the following:
(A) Examiner Name.
(B) Examiner Driver License Number.
(C) Examiner class of driver license and endorsements.
(D) Examiner address, city, state and zip code.
(E) Examiner telephone number.
(F) Driver name.
(G) Driver's driver license number.
(H) Name of Driver's Employer.
(I) Date of driving test.
(J) Results of the driving test (passed/failed).
Page 4.2(a)
Register 2006, No. 37; 9-15-2006
§ 25.16
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(K) Documentation of any training drive tests conducted pursuant to
Section 25.22.
( 1 2) A copy of the trip permit for any commercial vehicle with special
equipment plates used in the driving test, valid for the date(s) of the lest.
(13) All pass and fail driving lest score sheets ETP CDL Pre-Trip In-
spection Evaluation Score Sheet/ETP CDL Driving Performance Evalu-
ation Score Sheet (DL65ETP, Rev. 4/03), which is hereby incorporated
by reference, used for each employee who is tested for purposes of issu-
ing a Certificate of Driving Skill (DL1 70ETP, Rev. 1 1/02) or a Firefight-
er Certificate of Driving Skill (DL 170FETP, New 1 1/05), pursuant to
Section 25.22(d).
(14) A copy of each Certificate of Driving Skill (DL170ETP, Rev.
1 1/02) or a Firefighter Certificate of Driving Skill (DL170FETP, New
11/05) issued.
(15) Documentation of the department approved primary and alternate
driving test routes on the Employer Testing Program Commercial Driv-
ing Performance Evaluation Route and Directions (DL814ETP, Rev.
2/05), the Employer Testing Program Commercial DPE Maneuver
Checklist (DL807ETP, Rev. 7/02), and route map(s) for each driving test
route.
(b) The employer must keep training records, driving test score sheets,
employment records, examiner drive test logs, and all other Employer
Testing Program related records for the three most recent years of the em-
ployer's participation in the Employer Testing Program and for a mini-
mum of three years after the employer number becomes invalid (i.e., ex-
pired, cancelled, revoked, or suspended), during each driver's three most
recent years of employment, and three years after the driver is released
from employment.
(c) The employer shall make available all Employer Testing Program
related records pertaining to driver training, testing, and employment, for
monitoring by the Federal Motor Carrier Safety Administration, or its
representatives, and the department during normal business hours at the
record-keeping location identified on the employer's Application
(DL520ETP, Rev. 8/02).
(d) At the department's request, the employer shall make records
available which verify that:
(1) The Administrator and Authorized Representative are employees
at the time of program activity.
(2) The drivers issued a Certificate of Driving Skill (DL170ETP, Rev.
1 1/02) or a Firefighter Certificate of Driving Skill (DL170FETP, New
1 1/05) are its employees at the time of driver training, testing, and certifi-
cation.
(3) The Examiner is under written contract with the employer at the
time of the driving test.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 12804.9,
15250 and 15250.6, Vehicle Code; and Part 383, of Title 49 of the Code of Federal
Regulations.
History
1. New section filed 1-5-2004; operative 2-4-2004 (Register 2004, No. 2).
2. New subsections (a)(l 1)— (a)(l 1)(J), subsection renumbering and amendment
of subsection (b) filed 3-30-2005 as an emergency; operative 3-30-2005 (Reg-
ister 2005, No. 13). A Certificate of Compliance must be transmitted to OAL
by 7-28-2005 or emergency language will be repealed by operation of law on
the following day.
3. New subsections (a)(ll)-(a)(ll)(J), subsection renumbering and amendment
of subsection (b) refiled 7-28-2005 as an emergency; operative 7-28-2005
(Register 2005, No. 30). A Certificate of Compliance must be transmitted to
OAL by 1 1-25-2005 or emergency language will be repealed by operation of
law on the following day.
4. Reinstatement of section as it existed prior to 3-30-2005 and 7-28-2005 emer-
gency amendments by operation of Government Code section 1 1346.1(f) (Reg-
ister 2006, No. 7).
5. New subsections (a)(l l)-(a)(l 1)(K), subsection renumbering, amendment of
newly designated subsections (a)(13)-(15) and subsections (b) and (d)(2) and
amendment of Note filed 9-14-2006; operative 10-14-2006 (Register 2006,
No. 37).
§ 25.16. Sample Testing of Certified Drivers.
(a) At the discretion of the department, the employer shall permit the
department to test a sample of its drivers tested and certified by the em-
ployer, for the purposes of comparing pass/fail results between the em-
ployer's Examiner and the department's examiners.
(b) The selection of drivers to be tested shall be determined by the de-
partment.
(c) The employer shall notify each certified driver of the possibility of
being required to pass a department-administered test at the depart-
ment's discretion.
(d) The department shall provide written notice to the employer and
the driver when the driver is selected for the department-administered
test.
(e) The employer shall be held responsible for ensuring that the driver
is available for a test at the department within 30 days of the department' s
notice for a department-administered test unless the driver is no longer
employed by the employer. The employer must submit a copy of the driv-
er's drive test score sheets to the department within 30 days of the written
notice of the selection. If the driver is no longer employed by the employ-
er, the employer shall notify the department within 10 days of receipt of
the department's notice of the selection for the department-administered
test.
(f) The department shall invalidate the Certificate of Driving Skill
(DL170ETP, Rev. 11/02) or Firefighter Certificate of Driving Skill
(DL170FETP, New 1 1/05) if the driver does not return to the department
for the department-administered test, which shall result in the driver's li-
cense being downgraded to the previous class that the driver possessed
before certification.
(g) The department will conduct an investigation of any driver who
fails the department-administered test and may require a re-examination
of the driver to retain the class of license issued through the Certificate
of Driving Skill (DL170ETP, Rev. 1 1/02) or Firefighter Certificate of
Driving Skill (DL170FETP, New 11/05).
(h) If the driver fails the department-administered re-examination,
the department shall downgrade the license to the previous class that the
driver possessed before certification.
NOTE: Authority cited: Section 1651. Vehicle Code. Reference: Sections 12804.9,
13800. 13801, 15250 and 15250.6, Vehicle Code; and Part 383, of Title 49 of the
Code of Federal Regulations.
History
1. New section filed 1-5-2004; operative 2-4-2004 (Register 2004, No. 2).
2. Amendment of subsections (f)-(g) and amendment of Notf; filed 9-14-2006;
operative 10-14-2006 (Register 2006, No. 37).
§ 25.17. Cancellations/Reinstatements.
(a) An employer with an active employer number may at any time after
issuance voluntarily cancel its employer number by submitting to the de-
partment an Employer Testing Program Voluntary Cancellation Request
of Employer Number (DL520CETP, Rev. 8/03); or a written request to
the department on employer letterhead with the following information:
(1) Employer name.
(2) Mailing address, city, state and zip code.
(3) Terminal physical address, city, state, and zip code.
(4) Telephone number, including area code.
(5) Employer number.
(6) Reason for cancellation.
(7) Effective date of cancellation.
(8) Date of request.
(9) Administrator's printed name and signature.
(b) An employer who has been granted a voluntary cancellation of its
employer number and wishes to reactivate its employer number may do
so, as long as the prior term of the employer number has not expired. An
employer seeking to reactivate an employer number shall submit an Em-
ployer Testing Program Request for Reactivation Employer Number
(DL817ETP, Rev. 7/02), which is hereby incorporated by reference, to
the department. If the employer number expires within 60 days of the date
of Request for Reactivation, the employer must submit a renewal Ap-
plication (DL520ETP, Rev. 8/02), an Application for Employer Number
Addendum (DL520FETP, New 1 1/05) when the employer is a firefight-
ing organization requesting limited participation in the Employer Testing
Program, the Employer Testing Program Commercial Driving Perfor-
Page 4.2(b)
Register 2006, No. 37; 9-15-2006
Title 13
Department of Motor Vehicles
§ 25.19
mance Evaluation Route and Directions (DL814ETP, Rev. 2/05), Em-
ployer Testing Program Commercial DPE Maneuver Checklist
(DL807ETP, Rev. 7/02), the route map, and payment of a $45 non-re-
fundable application fee ($15 for each year for a three year period) for
non-governmental employers.
(c) The department may cancel an employer number if the employer
number was issued in error, by giving the employer at least 1 5 days prior
written notice of such cancellation. Whenever an employer number is
cancelled by the department, it shall be without prejudice.
NOTE: Authority cited: Section 1 65 1 , Vehicle Code. Reference: Sections 1 2804.9.
1 5250 and 1 5250.6, Vehicle Code; and Part 383, of Title 49 of the Code of Federal
Regulations.
History
1. New section filed 1-5-2004; operative 2-4-2004 (Register 2004, No. 2).
2. Amendment of subsection (b) and amendment of Note filed 9-1 4-2006; opera-
tive 10-14-2006 (Register 2006, No. 37).
§ 25.18. Sanctions/Reinstatements.
(a) The department reserves the right to take prompt and appropriate
remedial action against the employer, examiners, and/or its certified
drivers in the event that they:
(1) Fail to comply with State and/or federal standards for commercial
driver license testing in the federal Code of Regulations, Title 49, Part
383, Subpart E, G and H;
(2) Fail to comply with the terms of the Employer Testing Program
provisions in the California Code of Regulations, Title 13, Sections 25.06
through 25. 22, and California Vehicle Code Sections 12804.9(e) and
15250 (c) and (d);
(3) Commit a serious offense that affects public safety; or
(4) Commit fraud or other criminal activity related to participation in
the Employer Testing Program.
(b) The department will provide a 15-day written notice to the em-
ployer before suspending or revoking the employer number. However,
the department shall immediately suspend or revoke the employer num-
ber if an employer is engaging in practices in such a manner that immedi-
ate suspension or revocation is required for the safety of persons on the
highway. In reaching a decision on a disciplinary action, the Director of
Motor Vehicles or his or her designee shall consider the guidelines en-
titled "Employer Testing Program Guidelines for Sanctions" (9/3/02,
which are hereby incorporated by reference, and any and all other sanc-
tions provided by relevant statutes and regulations. Deviation from these
guidelines is appropriate where the Director or his or her designee, in his
or her sole discretion, determines that the facts of the particular case war-
rant such a deviation, for example, the presence of mitigating factors, the
age of the case, and evidentiary problems.
(1) A warning letter may be sent to an employer for minor violations.
(2) A first offense of less severity may be a minimum of 30-days sus-
pension.
(3) A second offense of the same conduct may be a revocation for not
less than 12 months.
(4) A serious offense that affects public safety, fraud, and non-com-
pliance with required federal regulations/state statutes, may result in a re-
vocation. A revocation shall be for a period of not less than 12 months.
(c) In the event the department suspends the employer number, the em-
ployer will be prohibited from conducting training, testing, and/or driver
certification until verification is made that appropriate action has been
taken to correct deficiencies causing the suspension, and the department
lifts the suspension.
(d) Any action to appeal or review any order of the department cancel-
ing, suspending, or revoking an employer number shall be brought in a
court of competent jurisdiction under Section 1085 of the Code of Civil
Procedure, or as otherwise permitted by the laws of this state. The action
shall be commenced within 90 days from the effective date of the order.
(e) An employer who has been suspended may submit a Employer
Testing Program Request for Reinstatement Employer Number
(DL813ETP, NEW 11/01), which is hereby incorporated by reference,
after the period of suspension has ended. The department shall verify that
the employer has corrected the deficiencies prior to reinstatement.
(f) An employer that has had its employer number revoked may submit
an original Application, (DL520ETP, Rev. 8/02), an Application for Em-
ployer Number Addendum, (DL520FETP, New 1 1/05) when the em-
ployer is a firefighting organization requesting limited Employer Testing
Program participation, along with proof of correction of the deficiencies
which precipitated the revocation, documentation of primary and alter-
nate driving test routes pursuant to subdivision (a)(2) of Section 25.08 of
these regulations, and payment of a non-refundable $45 Application fee
($15 per year for three years) for non-governmental employers.
(g) The department shall provide a 15-day written notice to the em-
ployer and the Examiner before the department discontinues the Examin-
er's eligibility to conduct driving tests when it has been determined that
driving tests were not conducted pursuant to Commercial Driver License
Driving Performance Evaluation requirements; the Examiner has an ac-
tion taken against his or her commercial driver license that disqualifies
him or her to act as an Examiner (the driver license is suspended, re-
voked, or cancelled, or the driver is on probation for negligent operation
of a motor vehicle); or the Examiner is not available to participate in the
monitoring of Employer Testing Program activities.
(h) The Examiner must meet the provisions of subdivision (a) of Sec-
tion 25.22 of these regulations prior to being reinstated after discontinua-
tion of eligibility to act as an examiner under subsection (g). An Employ-
er Testing Program Request for Reinstatement — Examiner
(DL810ETP, Rev. 1/2005), which is hereby incorporated by reference,
and a $55 training fee shall be submitted to the department to attend the
training. A new Certificate of Training will be issued upon successful
class completion.
NOTE: Authority cited: Section 1 65 1 , Vehicle Code. Reference: Sections 1 2804.9,
15250 and 15250.6, Vehicle Code; Part 383, of Title 49 of the Code of Federal
Regulations; and Sections 1 1340.5 and 1 1425.50(e), Government Code.
History
1. New section filed 1-5-2004; operative 2-4-2004 (Register 2004, No. 2).
2. Amendment of subsections (g) and (h) filed 3-30-2005 as an emergency; opera-
tive 3-30-2005 (Register 2005, No. 13). A Certificate of Compliance must be
transmitted to OAL by 7-28-2005 or emergency language will be repealed by
operation of law on the following day.
3. Amendment of subsections (g) and (h) refiled 7-28-2005 as an emergency; op-
erative 7-28-2005 (Register 2005, No. 30). A Certificate of Compliance must
be transmitted to OAL by 1 1-25-2005 or emergency language will be repealed
by operation of law on the following day.
4. Reinstatement of section as it existed prior to 3-30-2005 and 7-28-2005 emer-
gency amendments by operation of Government Code section 1 1 346. 1 (f) (Reg-
ister 2006, No. 7).
5. Amendment of subsections (f)-(h) and amendment of Note filed 9-14-2006;
operative 10-14-2006 (Register 2006, No. 37).
§ 25.19. Employer Roles and Responsibilities.
(a) The employer shall designate an Administrator, and shall designate
one or more Authorized Representative(s) and one or more Examiner(s).
(1) The Administrator and Authorized Representative may be one and
the same person under the same employer number.
(2) The Administrator may not act as an Examiner under the same em-
ployer number.
(3) The Authorized Representative may be an Examiner under the
same employer number, but cannot assume or sign for both responsibili-
ties on the same Certificate of Driving Skill (DL170ETP, Rev. 1 1/02) or
Firefighter Certificate of Driving Skill (DL170FETP, New 11/05).
(b) The employer must ensure that all drivers are provided commercial
driver training pursuant to subdivision (b) of Section 25.12 of these regu-
lations prior to certification.
(c) The employer must enroll each commercial driver under its Em-
ployer Pull Notice number after issuance of the Certificate of Driving
Skill (DL170ETP, Rev. 1 1/02) or Firefighter Certificate of Driving Skill
(DL170FETP, New 11/05), and during the driver's actual term of em-
ployment.
(d) The employer must enroll each Examiner under its Employer Pull
Notice number during the employer and Examiner's contract period.
(e) When the employer receives a pull notice printout that reflects that
an action has been taken against the Examiner's California commercial
driver license that would disqualify the Examiner from conducting tests
Page 4.2(c)
Register 2006, No. 37; 9-15-2006
§ 25.20
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
for certification purposes under subdivisions (a)(2) and (a)(3) of Section
25.22 of these regulations, the employer must immediately discontinue
the Examiner's testing authority. The employer must notify the depart-
ment of this disqualification within 10 days of receipt of the pull notice
printout.
(f) Upon adoption of these regulations, prior to allowing an Examiner
to conduct a commercial driving test, the employer must:
( 1 ) Ensure the Examiner is eligible under these regulations to adminis-
ter driving tests for the specified class of license. An Examiner who has
not conducted a driving test for 90 consecutive days is not eligible to con-
duct driving tests until he/she attends and passes a department sponsored
Examiner refresher-training course, except as provided in section
25.22(f)(1).
(2) Enter into a written contract with all new examiners at the time of
appointment, and with existing examiners at the time of the employer's
first renewal.
(g) The employer's contract with the Examiner hereinafter referred to
as the "Examiner's contract" must contain, at a minimum, the following
provisions. The Examiner must:
( 1 ) Have held a valid California Class A or Class B commercial driver
license or a restricted firefighter Class A or Class B driver license for at
least three consecutive years with the appropriate classification and en-
dorsement for new and reinstated examiners.
(2) Currently hold a valid California Class A or Class B commercial
driver license or a restricted firefighter Class A or Class B driver license
with the appropriate classification and endorsements for the requested
testing authority prior to being approved to attend training.
(3) Have attended and passed examiner training conducted by the de-
partment.
(4) Allow the employer to enroll him/her under the employer's Em-
ployer Pull Notice number.
(5) Verify that the driver has acquired an instruction permit from the
department prior to testing.
(6) Certify that the driver successfully completed the required com-
mercial driving test (i.e., pre-trip inspection, skills test, and road test).
(7) Certify that the correct type of commercial vehicle(s) was used for
the driving test.
(8) Provide the employer with the original score sheets used during the
driving test of drivers.
(9) Be available, between the hours of 8:00 a.m. to 5:00 p.m., with no-
tice, to participate in the monitoring of the employer's third party testing
program for the duration of the Examiner's contract and for a period of
one year after contract termination.
(10) Not conduct commercial driving tests if his/her California com-
mercial driver license is not valid or is on probation for negligent opera-
tion of a motor vehicle. Maintain his/her Examiner eligibility by conduct-
ing at least one driving test for certification purposes during a
consecutive 90-day period; or attend and pass Examiner refresher train-
ing to reinstate his/her Examiner eligibility prior to conducting a driving
test, except as provided in section 25.22(f)(1).
(11) Maintain an Employer Testing Program Examiner Driver Testing
Log (DL 819 ETP, New 1/2005) of all driving tests conducted, including
failed driving tests, and provide a copy of the log to the Employer.
(12) Not act as an Examiner for his/her own relative, supervisor, or for
himself/herself.
(13) Not sign a Certificate of Driving Skill (DL170ETP, Rev. 11/02)
or Firefighter Certificate of Driving Skill (DL170FETP, New 11/05) for
his/her own relative, supervisor, or himself/herself.
(14) Not knowingly sign a false or incorrect Certificate of Driving
Skill (DL170ETP, Rev. 1 1/02) or Firefighter Certificate of Driving Skill
(DL170FETP, New 11/05).
(h) Prior to the issuance of a Certificate of Driving Skill (DL170ETP,
Rev. 11/02) or Firefighter Certificate of Driving Skill (DL170FETP,
New 1 1/05), the employer must ensure that the driver was:
(1) Employed by the employer at the time of training.
(2) Trained prior to taking the driving test.
(3) Employed by the employer at the time the driving test is given.
(4) Employed by the employer at the time the Certificate of Driving
Skill (DL 1 70ETP, Rev. 1 1/02) or Firefighter Certificate of Driving Skill
(DL 1 70FETP, New 1 1 /05) was approved by the Authorized Representa-
tive.
(5) Required by law to hold a commercial license to operate commer-
cial vehicles in the course of employment with this employer.
NOTE: Authority cited: Section 1651. Vehicle Code. Reference: Sections 12804.9,
1 5250 and 1 5250.6, Vehicle Code; and Part 383, of Title 49 of the Code of Federal
Regulations.
History
1 . New section filed 1-5-2004; operative 2-4-2004 (Register 2004, No. 2).
2. Amendment of subsections (f)(1) and (f)(10), new subsection (f)(l 1) and sub-
section renumbering filed 3-30-2005 as an emergency; operative 3-30-2005
(Register 2005, No. 13). A Certificate of Compliance must be transmitted to
OAL by 7-28-2005 or emergency language will be repealed by operation of
law on the following day.
3. Amendment of subsections (0(1) and (0(10), new subsection (0(11) and sub-
section renumbering refiled 7-28-2005 as an emergency; operative 7-28-2005
(Register 2005, No. 30). A Certificate of Compliance must be transmitted to
OAL by 1 1-25-2005 or emergency language will be repealed by operation of
law on the following day.
4. Reinstatement of section as it existed prior to 3-30-2005 and 7-28-2005 emer-
gency amendments by operation of Government Code section 1 1 346. 1 (0 (Reg-
ister 2006, No. 7).
5. Amendment of section and Note filed 9-14-2006; operative 10-14-2006
(Register 2006, No. 37).
§ 25.20. Administrator Roles and Responsibilities.
(a) The Administrator must be an employee of the employer, and must
have sufficient knowledge of the provisions of the California Code of
Regulations, Title 13, Sections 25.06 through 25.22, to oversee the pro-
gram and serve as the employer's liaison with the department.
(b) The Administrator must sign the Application (DL520ETP, Rev.
8/02), Application for Employer Number Addendum (DL520FETP,
New 1 1/05), when the employer is a fire fighting organization applying
for limited participation in the Employer Testing Program, Employer
Testing Program Commercial Driving Performance Evaluation Route
and Directions (DL814ETP, Rev. 2/05) and the Employer Testing Pro-
gram Commercial DPE Maneuver Checklist (DL807ETP, Rev. 7/02) if
requesting a route exemption.
(c) The Administrator is responsible for ensuring compliance with all
provisions and terms of the Employer Testing Program regulations con-
tained in the California Code of Regulations, Title 13, Sections 25.06
through 25.22.
(d) The Administrator must ensure that the Authorized Representa-
tives, Examiners, and all drivers abide by the terms of the Employer Test-
ing Program regulations contained in the California Code of Regulations,
Title 13, Sections 25.06 through 25.22, in the performance of their roles
and responsibilities.
(e) The Administrator must ensure that the driving test used for certifi-
cation purposes meets the department's Commercial Driver License
Driving Performance Evaluation standards.
(0 The Administrator must ensure that the employer continues to meet
the qualifying criteria for an employer number pursuant to Section 25.07
of these regulations.
(g) The Administrator must ensure that any deficiencies found in the
employer's program are corrected prior to the employer resuming Em-
ployer Testing Program training, testing, and driver certification.
(h) The Administrator must provide proper training, testing, and em-
ployment records and other required documentation when requested for
inspection and verification by the Federal Motor Carrier Safety Adminis-
tration, or its representative, and the department or its representative.
(i) The Administrator must not allow a Certificate of Driving Skill
(DL170ETP, Rev. 11/02) or Firefighter Certificate of Driving Skill
(DL170FETP, New 11/05) to be issued when the employer no longer
qualifies for participation in the program.
(j) The Administrator must ensure the Examiner has successfully
passed the department's Examiner training and has the appropriate valid
Page 4.2(d)
Register 2006, No. 37; 9-15-2006
Title 13
Department of Motor Vehicles
§ 25.22
California commercial driver license for the type of vehicle used for cer-
tification purposes, prior to the employer's contract with the Examiner,
(k) The Administrator must not allow an Examiner to conduct a driv-
ing test when the Examiner is no longer authorized or qualified to do so.
NOTE: Authority cited: Section 1 651 , Vehicle Code. Reference: Sections 1 2804.9.
J 5250 and 1 5250.6, Vehicle Code, and Part 383, of Title 49 of (he Code of Federal
Regulations.
History
1. New section filed 1-5-2004; operative 2-4-2004 (Register 2004, No. 2).
2. Amendment of subsections (b) and (i) and amendment of NOTE filed
9-14-2006; operative 10-14-2006 (Register 2006, No. 37).
§ 25.21 . Authorized Representative Roles and
Responsibilities.
(a) The Authorized Representative must be an employee of the em-
ployer.
(b) The Authorized Representative shall be responsible for ensuring
that the Certificate of Driving Skill (DL170ETP, Rev. 1 1/02) or Fire-
fighter Certificate of Driving Skill (DL170FETP, New 1 1/05) is accurate
and complete before signing.
(c) The Authorized Representative must verify that the Examiner con-
ducting the commercial driving test has:
(1) a current contract with the employer,
(2) maintained his/her eligibility by conducting a least one driving test
during the preceeding 90 day period or successfully completed refresher
training prior to conducting the driving test, except as provided in Section
25.22(f)(1) and
(3) a valid commercial driver license with the appropriate class and en-
dorsement, for the commercial driving test conducted at the time of the
driving test.
(d) The Authorized Representative must verify that the driver being
certified has received specified commercial driver training, and is an em-
ployee of the employer at the time of the training.
(e) The Authorized Representative must verify that the driver being
tested for certification purposes is an employee of the employer at the
time of the driving test.
(0 The Authorized Representative must verify that driver being certi-
fied under the employer's employer number is an employee of the em-
ployer at the time of certification.
(g) The Authorized Representative must ensure the required test is giv-
en to the driver using a department approved route.
(h) The Authorized Representative must not act or sign as the Examin-
er on the same Certificate of Driving Skill (DL170ETP, Rev. 1 1/02) or
Firefighter Certificate of Driving Skill (DL170FETP, New 11/05).
(i) The Authorized Representative must not act as an Authorized Rep-
resentative for his/her own relative, supervisor, or for himself or herself.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 12804.9,
15250 and 1 5250.6, Vehicle Code; and Part 383, of Title 49 of the Code of Federal
Regulations.
History
1. New section filed 1-5-2004; operative 2-4-2004 (Register 2004, No. 2).
2. Amendment of subsection (c) and new subsections (c)(l)-(3) filed 3-30-2005
as an emergency; operative 3-30-2005 (Register 2005, No. 13). A Certificate
of Compliance must be transmitted to OAL by 7-28-2005 or emergency lan-
guage will be repealed by operation of law on the following day.
3. Amendment of subsection (c) and new subsections (c)(l)-(3) refiled
7-28-2005 as an emergency; operative 7-28-2005 (Register 2005, No. 30). A
Certificate of Compliance must be transmitted to OAL by 1 1-25-2005 or emer-
gency language will be repealed by operation of law on the following day.
4. Reinstatement of section as it existed prior to 3-30-2005 and 7-28-2005 emer-
gency amendments by operation of Government Code section 1 1 346. 1(f) (Reg-
ister 2006, No. 7).
5. Amendment of section and Note filed 9-14-2006; operative 10-14-2006
(Register 2006, No. 37).
§ 25.22. Examiner Roles and Responsibilities.
(a) An Examiner is not authorized to conduct a commercial driving test
for his/her employer until he or she does all of the following:
(1) For new and reinstated examiners, shall submit an Employer Test-
ing Program Examiner Application (DL81 1ETP, Rev. 1/2005), which is
hereby incorporated by reference, or Employer Testing Program Request
for Reinstatement-Examiner (DL8I0ETP, Rev. 1/2005), whichever is
applicable, to the department. The department shall notify the Examiner
applicant of their qualification to be enrolled in the department-spon-
sored Examiner Training class within 30 days of a complete Application.
The department shall notify the examiner applicant within 30 days if the
examiner fails to meet program requirements as stated in Section
25 .22(a)(2)(6) to be an examiner. A letter will be sent to the applicant ex-
plaining the reason for the denial. If the Application is incomplete, a cov-
er letter will be sent to the applicant within 15 days listing the items need-
ing correction.
(2) For new and reinstated examiners, has held a valid commercial
driver license for at least three years, with the appropriate class and en-
dorsements.
(3) Currently holds a valid California commercial driver license with
appropriate class and endorsements for the type of license for which the
Examiner is requesting testing authority. Also, the Commercial Driver
License must be consistent with the type required to drive the test vehicle.
(4) Has no current actions against his/her California commercial driv-
er license that would disqualify him/her to act as an Examiner; i.e., sus-
pended, revoked, cancelled, or on probation for negligent operation of a
motor vehicle.
(5) Pays a $150 examiner training fee.
(6) Attends and passes a department-sponsored examiner training
class to establish his/her eligibility to act as an Examiner and receives a
valid Certificate of Training.
(A) If the Examiner does not pass the training course, the training fee
is non-refundable.
(B) If the Examiner does not pass the training course and applies to at-
tend the training course again, an additional $150 training fee shall be
paid.
(C) If the Examiner does not attend the training class within one year
of the department receiving the Employer Testing Program Examiner
Application (DL8 1 1ETP, Rev. 1/2005), the Examiner must submit a new
Employer Testing Program Examiner Application (DL811ETP, Rev.
1/2005) and pay a $150 training fee to enroll in the department-spon-
sored examiner training course. Prior training fees paid are not refund-
able or transferable.
(7) The Examiner must be under written contract with the employer(s)
at the time he/she conducts the driving test, as required in section
25.19(f)(2) of these regulations.
(b) The Examiner shall submit a written request to the department
when the Examiner seeks authority to test drivers on vehicles that require
a class of license or endorsement for which the Examiner is not autho-
rized. The department shall verify that the Examiner has held a California
Commercial Driver License for three years of the appropriate class and
endorsements for type of license for which the Examiner is requesting
testing authority, prior to approval of the request.
(c) The Examiner shall verify that the driver has obtained an instruc-
tion permit from the department appropriate for the test vehicle prior to
testing.
(d) The Examiner shall maintain on file an Employer Testing Program
Examiner Driver Testing Log (DL 819 ETP, New 1/2005) of all driving
tests conducted for certification purposes, which includes a record of
driving tests conducted under each Employer Number with whom the
Examiner has a contract to conduct driving tests. The log must include
successfully completed and failed driving tests.
(e) The Examiner shall conduct all driving tests for certification pur-
poses using the Commercial Driver License Driving Performance Evalu-
ation criteria established by the department.
(f) An Examiner, upon authorization by the department to conduct
commercial driving tests as defined in Title 13, Section 25.06(b), who
fails to conduct a driving tests for a period of 90 consecutive days, is ineli-
gible to conduct commercial driving tests upon the 91st day of inactivity
and must submit an Employer Testing Program Request for Reinstate-
Page 4.2(e)
Register 2006, No. 37; 9-15-2006
§ 28.18
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
ment-Examiner (DL 810 ETP, Rev. J/2005), attend and pass a depart-
ment sponsored Examiner refresher-training class, and be reinstated by
the department before conducting additional commercial driving tests.
( 1 ) An Examiner who conducts driving tests only for a firefighter orga-
nization^) that is a limited participant in the Employer Testing Program
shall remain eligible to conduct driving tests even though he/she fails to
conduct a driving test for a period of 90 consecutive days, provided that
the Examiner completes a training drive test.
(2) The training drive test shall consist of the Examiner conducting a
pre-trip inspection, skills test, and road test on the department approved
route, accompanied and observed by an Authorized Representative,
while the Examiner explains the scoring process.
(3) The Authorized Representative shall make a notation in the Em-
ployer Testing Program Examiner Driver Testing Log (DL819ETP. New
1/2005) indicating that a training drive test was successfully completed
and shall sign and date the notation.
(g) The Examiner shall verify that the driver is given and successfully
passes a complete commercial driving test including the pre-trip inspec-
tion, skills, and road tests.
(h) The Examiner shall verify that the correct type of commercial ve-
hicle is used for the driving test.
(i) An Examiner shall not act as the Authorized Representative for the
same driving test that he/she conducted.
(j) The Examiner shall complete and sign the Certificate of Driving
Skill (DL1 70ETP, Rev. 1 1/02) or Firefighter Certificate of Driving Skill
(DL170FETP, New 1 1/05) as the Examiner.
(k) An Examiner may work for more than one employer concurrently,
as long as he/she is under written contract with each employer.
(/) The Examiner must allow each employer to enroll him/her in the
Employer's Pull Notice program during the contract period.
(m) The Examiner shall maintain a valid medical card and ensure that
a valid Medical Examination Report (DL51, Rev. 2/2004), described in
Section 110.04(b) of Title 13 of the California Code of Regulations, is on
file with the department. An Examiner possessing a noncommercial fire-
fighter license Class A or B must submit a Health Questionnaire (DL546,
Rev. 4/2000), described in Sections 28.22 and 28.23 of Title 13 of the
California Code of Regulations, to the department.
(n) Upon the department' s request, the Examiner shall be available be-
tween the hours of 8:00 a.m. to 5:00 p.m., with notice, to participate dur-
ing the monitoring of the employer's third party testing program for the
duration of the Examiner's contract and for one year after termination of
the contract.
(o) The Examiner must update testing skills as needed in response to
statutory and program changes. The department shall notify Examiners
of statutory and program changes, and may require additional depart-
ment-sponsored training to maintain eligibility.
NOTE: Authority cited: Section 1651 , Vehicle Code. Reference: Sections 12804.9,
15250 and 1 5250.6, Vehicle Code; and Part 383, of Title 49 of the Code of Federal
Regulations. 16
History
1. New section filed 1-5-2004; operative 2-4-2004 (Register 2004, No. 2).
2. Amendment of subsections (a)(5) and (a)(6)(B)-(C), new subsections (d) and
(0 and subsection relettering filed 3-30-2005 as an emergency; operative
3-30-2005 (Register 2005, No. 13). A Certificate of Compliance must be trans-
mitted to OAL by 7-28-2005 or emergency language will be repealed by opera-
tion of law on the following day.
3. Amendment of subsections (a)(5) and (a)(6)(B)-(C), new subsections (d) and
(f) and subsection relettering refiled 7-28-2005 as an emergency; operative
7-28-2005 (Register 2005, No. 30). A Certificate of Compliance must be trans-
mitted to OAL by 1 1-25-2005 or emergency language will be repealed by op-
eration of law on the following day.
4. Reinstatement of section as it existed prior to 3-30-2005 and 7-28-2005 emer-
gency amendments by operation of Government Code section 1 1 346. 1 (f) (Reg-
ister 2006, No. 7).
5. Amendment of section and Note filed 9-14-2006; operative 10-14-2006
(Register 2006, No. 37).
§ 28.18. Minimum Physical and Medical Requirements for
Class A, B, or Commercial Class C Driver
Licenses; or Ambulance Driver Certificates.
The minimum medical requirements for a Class A, B, or Commercial
Class C license or Ambulance Driver Certificate, required by Section
12804.9(a)(1), 12527(a) or 15275 of the Vehicle Code shall be:
(a) those standards required of motor carrier drivers by the Federal
Highway Administration of the Department of Transportation as set forth
in the Federal Motor Carrier Safety Regulations at 49 CFR 391.41 and
(b) those standards recommended in the medical advisory criteria for
hypertension as set forth at 49 CFR 391 .43(f) (Instructions for Perform-
ing and Recording Physical Examinations) prepared by the Federal Mo-
tor Carrier Safety Administration as guidelines to aid the medical ex-
aminer in making the qualification determination as they relate to blood
pressure, hypertension, and recertification periods based on hyperten-
sion.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections
12804.9(a)(1), 12527(a), 15210 and 15275, Vehicle Code; and Sections 391.41
and 391.43, Title 49, Code of Federal Regulations.
History
1 . Change without regulatory effect renumbering former section 1 00. 1 8 to section
28. 18 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regula-
tions (Register 93, No. 30).
2. Amendment of section heading, text and Note filed 10-26-94; operative
1 1-25-94 (Register 94, No. 43).
3. Amendment of section headine, section and Note filed 10-18-2005: operative
1 1-17-2005 (Register 2005, No. 42).
§ 28.19. Medical Certificates Required by Section
12804.9(a)(1), 12527(c)(3) and 15275 of the
Vehicle Code that May be Issued by the
Department of Motor Vehicles.
Unless otherwise specified, the medical examination form and medi-
cal certificate referenced in this section are those forms approved by the
Federal Highway Administration or the Federal Aviation Administration
of the United States Department of Transportation. If the medical ex-
aminer elects not to issue a medical certificate or the department deter-
mines that the applicant does not meet required physical qualifications
for such a medical certificate, an applicant wishing to drive ambulances
or Class A, B, or Commercial Class C vehicles for purposes other than
engaging in interstate commerce, may submit a completed medical ex-
amination form to the department for consideration of obtaining a state
approved medical certificate. Upon approval by the department, the de-
partment may issue a state approved medical certificate which qualifies
the applicant to drive ambulances or Class A, B, or Commercial Class C
vehicles for purposes other than engaging in interstate commerce if:
(a) The department determines from review of the examination form
and any additional medical information submitted, that the applicant
meets the standards set forth under Federal Motor Carrier Safety Regula-
tions 49 CFR 391.41, or
(b) The applicant for a Class A or B license, or a Commercial Class C
license, does not meet the standards set forth under Federal Motor Carrier
Safety Regulations because of a physical condition wherein safe driving
ability can be determined by driving examination and in the opinion of
the department the defect is compensated for to insure safe driving abil-
ity. If such a state approved medical certificate is issued by the depart-
ment, the applicant shall not be permitted to operate vehicles requiring
a passenger vehicle endorsement or a hazardous materials endorsement
pursuant to Section 1 5278 of the Vehicle Code. The department may au-
thorize the applicant to continue to operate any of said vehicles if the
applicant is renewing a California Class A, B, or a Commercial Class C
license permitting the operation of such vehicles, or is applying for a
medical certificate to keep valid such a license that has not yet expired,
or
(c) The applicant for a Class A or B license, or a Commercial Class C
license, fails to meet the standards set forth under Federal Motor Carrier
Regulations because of a condition or conditions other than those where-
Page 4.2(f)
Register 2006, No. 37; 9-15-2006
Title 13
Department of Motor Vehicles
§ 28.21
in safe driving ability can be determined by a driving examination, pro-
vided that the department determines upon evaluation of competent med-
ical evidence that the condition or conditions do not affect the driver's
ability to drive safely and may reasonably be expected not to affect the
driver's ability to drive safely within two (2) years. If such a state ap-
proved medical certificate is issued by the department, the applicant shall
not be permitted to operate vehicles requiring a passenger vehicle en-
dorsement or a hazardous materials endorsement pursuant to Section
15278 of the Vehicle Code. The department may authorize the applicant
to continue to operate any of said vehicles if the applicant is renewing a
California Class A, B, or a Commercial Class C license permitting the op-
eration of such vehicles, or is applying for a medical certificate to keep
valid such a license that has not yet expired, or
(d) The applicant for an Ambulance Driver Certificate fails to meet the
standards set forth under Federal Motor Carrier Regulations provided
that the department determines upon evaluation of competent medical
evidence that the condition or conditions do not affect his ability to drive
safely and may reasonably be expected not to affect his ability to drive
safely within two (2) years.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections
12804.9(a)(1), 12527(c)(3), 13369, 13372, 15210, 15275 and 15278, Vehicle
Code.
History
1 . Change without regulatory effect renumbering former section 100.19 to section
28.19 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regula-
tions (Register 93, No. 30).
2. Amendment of section heading, text and Note filed 10-26-94; operative
11-25-94 (Register 94, No. 43).
3. Repealer and new first paragraph and amendment of subsections (b), (c) and (d)
filed 10-18-2005; operative 11-17-2005 (Register 2005, No. 42).
§ 28.20. Medical Requirements for Hazardous Agricultural
Materials Endorsement.
(a) The minimum medical requirements for a hazardous materials en-
dorsement issued pursuant to Section 12804.2 of the Vehicle Code shall
be those standards specified in Section 28.18 of Article 2.1, Chapter 1,
Division 1, of Title 13 of the California Code of Regulations.
(b) The department shall require a person applying for a hazardous
agricultural materials endorsement to complete and submit to the depart-
ment a Health Questionnaire, Form DL 546 (Rev. 1 1/2004) provided by
the department, pursuant to Section 28.23.
(c) If an applicant for a hazardous agricultural materials endorsement
fails to meet the medical standards set forth in subdivision (a), the depart-
ment shall not issue the endorsement unless the applicant is renewing a
license with a hazardous agricultural materials endorsement, or is sub-
mitting a new Health Questionnaire, form DL 546 (Rev. 1 1/2004), to re-
tain such an endorsed license that has not yet expired, and the department
determines upon evaluation of competent medical evidence that the
condition or conditions do not affect the driver's ability to drive safely,
and may reasonably be expected not to affect the driver's ability to drive
safely within two years.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 12804.2,
Vehicle Code.
History
1. New section filed 9-12-2000; operative 10-12-2000 (Register 2000, No. 37).
2. Amendment of subsections (b) and (c) filed 10-18-2005; operative
1 1-17-2005 (Register 2005, No. 42).
§ 28.21. Medical Requirements for Restricted Class A
Driver License.
(a) A person applying for a restricted Class A driver license issued pur-
suant to Section 1 2804. 1 2 or 1 2804. 1 4 of the Vehicle Code shall meet the
following minimum medical requirements before a restricted license can
be issued:
( 1 ) Color Test. An applicant must be able to recognize the standard red,
green, and amber colors of traffic signals and devices.
(2) Peripheral Vision. An applicant must have peripheral vision of 70
degrees or greater in the horizontal Meridian in each eye.
(3) Hearing. An applicant must be able to perceive a forced whispered
voice in the better ear, without a hearing aid, at a distance of not less than
five (5) feet.
(4) Visual Acuity. An applicant's visual acuity must be 20/40 or better
in each eye with or without corrective lenses.
(5) Upper and Lower Extremities. An applicant must have:
(A) no loss of a foot, leg, hand, arm, or finger.
(B) no impairment of a hand or finger which interferes with grasping.
(C) no impairment of an arm, hand, foot, or leg, or any other limitation
that interferes with the ability to safely operate a motor vehicle.
(6) Diabetes. An applicant must have no history or clinical diagnosis
of diabetes mellitus currently requiring insulin for control.
(A) Prior to evaluation of competent medical evidence as specified in
subdivision (c)(2), the department shall not issue a temporary or interim
restricted Class A driver license to an applicant who has had a hypoglyce-
mic episode or any adverse reaction related to diabetes in the last three
(3) years.
(7) Heart. An applicant must have no current clinical diagnosis of
myocardial infarction, angina pectoris, coronary insufficiency, thrombo-
sis, or any other cardiovascular disease of a variety known to be accom-
panied by syncope, dyspnea, collapse, stroke, or congestive cardiac fail-
ure.
(A) Prior to evaluation of competent medical evidence as specified in
subdivision (c)(2), the department shall not issue a temporary or interim
restricted Class A driver license to an applicant who has had labored
breathing, fainting, collapse, congestive heart failure, or other symptoms
in the last three (3) years which may interfere with the ability to safely
operate a motor vehicle.
(8) Lungs. An applicant must have no established medical history or
clinical diagnosis of a respiratory condition such as emphysema, chronic
asthma, or tuberculosis that is likely to interfere with ability to safely op-
erate a motor vehicle.
(9) Blood Pressure. An applicant must have no current clinical diagno-
sis of high blood pressure which is likely to interfere with the ability to
safely operate a motor vehicle.
(A) Prior to evaluation of competent medical evidence as specified in
subdivision (c)(2), the department shall not issue a temporary or interim
restricted Class A driver license to an applicant whose blood pressure is
usually 140/90 or higher.
(10) Muscle, Orthopedic, or Vascular Condition. An applicant must
have no established history or clinical diagnosis of a rheumatic, arthritic,
orthopedic, muscular, neuromuscular, or vascular disease which inter-
feres with the ability to safely operate a motor vehicle.
(11) Mental Condition. An applicant must have no diagnosis of a men-
tal, nervous, organic or functional disease, or psychiatric disorder which
is likely to interfere with the ability to safely operate a motor vehicle.
(12) Epilepsy and/or Lapse of Consciousness. An applicant must have
no established medical history or clinical diagnosis of epilepsy, or any
other condition which is likely to cause loss of consciousness or any loss
of ability to control a motor vehicle.
(A) Prior to evaluation of competent medical evidence as specified in
subdivision (c)(2), the department shall not issue a temporary or interim
restricted Class A driver license to an applicant who has had a loss of con-
sciousness or loss of ability to control a motor vehicle in the last three (3)
years.
(13) Drugs. An applicant must not use a controlled substance, amphet-
amine, narcotic, or any other habit-forming drug.
(A) If the applicant is taking a substance or drug that is prescribed by
the doctor who is familiar with the driver's medical history and has ad-
vised the driver that the substance or drug will not adversely affect the
driver's ability to safely operate a motor vehicle, the department may is-
sue a restricted Class A driver license to the applicant.
(14) Alcohol. An applicant must have no current clinical diagnosis of
alcoholism.
(b) The department shall require a person applying for a restricted
Class A driver license to complete and submit to the department a Health
Questionnaire, form DL 546 (Rev. 1 1/2004), provided by the depart-
ment, pursuant to Section 28.23.
Page 4.2(g)
Register 2006, No. 37; 9-15-2006
§ 28.22
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(c) I fan applicant for a restricted Class A driver license does not meet
the medical requirements set forth in subdivision (a), the department may
issue a restricted Class A license under any of the following conditions:
( 1 ) The department does not meet the minimum medical requirements
set forth in subdivision (a) because of a physical condition wherein safe
driving ability can be. determined by driving examination and, in the
opinion of the department, the defect is compensated for to insure safe
driving ability; or
(2) The department determines, upon evaluation of competent medical
evidence, that the condition or conditions do not affect the driver' s ability
to drive safely and may reasonably be expected not to affect the driver's
ability to drive safely within two (2) years.
NOTE. Authority cited: Section 1651, Vehicle Code. Reference: Sections
12804.12 and 12804.14. Vehicle Code.
History
1 . New section filed 9-12-2000; operative 10-12-2000 (Register 2000, No. 37).
2. Amendment of subsections (a)(9)(A) and (b) filed 10-18-2005: operative
11-17-2005 (Register 2005, No. 42).
§ 28.22. Medical Requirements for Restricted Fire Fighter
Driver License.
(a) The minimum medical requirements for a restricted fire fighter
driver license issued pursuant to Section 15250.6 of the Vehicle Code
shall be those standards specified in Section 28. 18 of Article 2.1, Chapter
1, Division 1, of Title 13 of the California Code of Regulations.
(b) The department shall require a person applying for a restricted fire
fighter driver license to complete and submit to the department a Health
Questionnaire, Form DL 546 (Rev. 1 1/2004) provided by the depart-
ment, pursuant to Section 28.23.
(c) If an applicant for a restricted firefighter dri ver license fails to meet
the medical standards specified in subdivision (a), the department may
issue the license under any of the following conditions:
( 1 ) The applicant does not meet the medical standards set forth in sub-
division (a) because of a physical condition wherein safe driving ability
can be determined by driving examination and, in the opinion of the de-
partment, the defect is compensated for to insure safe driving ability; or
(2) The applicant fails to meet the standards set forth in subdivision (a)
because of a condition or conditions other than those wherein safe driv-
ing ability can be determined by a driving examination, provided that the
department determines upon evaluation of competent medical evidence
that the condition or conditions do not affect the driver's ability to drive
safely, and may reasonably be expected not to affect the driver's ability
to drive safely within two (2) years.
(3) If a restricted fire fighter driver license is issued under these condi-
tions, the applicant shall not be permitted to operate vehicles requiring
a passenger vehicle endorsement or hazardous materials endorsement
pursuant to Section 1 5278 of the Vehicle Code. The department may au-
thorize the applicant to continue operating such vehicles if the applicant
is renewing a restricted fire fighter license, or is submitting a new Health
Questionnaire, form DL 546 (Rev. 1 1/2004), to retain such a license that
has not yet expired.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 15250.6,
Vehicle Code.
History
1 . New section filed 9-12-2000; operative 10-12-2000 (Register 2000, No. 37).
2. Amendment of subsections (b) and (c)(3) filed 10-18-2005; operative
11-17-2005 (Register 2005, No. 42).
3. Change without regulatory effect amending subsection (a) and Note filed
8-24-2006 pursuant to section 100, title 1, California Code of Regulations
(Register 2006, No. 34).
§ 28.23. Health Questionnaire.
(a) The Health Questionnaire, form DL 546 (Rev. 1 1/2004), shall be
submitted upon application for a hazardous agricultural materials en-
dorsement, restricted Class A driver license, or restricted fire fighter driv-
er license and every two years thereafter.
(b) The Health Questionnaire shall contain the following information:
(1) The applicant's true full name, address, date of birth, driver license
number, and daytime telephone number.
(2) A "yes" or ''no" response as to whether the applicant:
(A) has difficulty recognizing the colors of red, green, and amber used
in traffic signal lights and devices.
(B) has peripheral vision of less than 70 degrees for either eye.
(C) has difficulty perceiving a forced whispered voice in the better ear,
without a hearing aid, at not less than five (5) feet.
(D) has a vision impairment in either eye that is not correctable to visu-
al acuity of 20/40 or better.
(E) has a missing foot, leg, hand, finger, or arm.
(F) has an impairment of a hand or finger.
(G) has any other impairment of an arm, hand, foot, or leg, or any other
limitation.
(H) has diabetes requiring insulin for control.
(I) has had a hypoglycemic episode in the last three (3) years.
(J) has had any other adverse reaction related to diabetes in the last
three (3) years.
(K) has had a heart attack, angina, coronary insufficiency, thrombosis,
stroke, or other heart problem, or cardiovascular disease, and if "yes,"
whether the applicant has had labored breathing, fainting, collapse, con-
gestive heart failure, or other symptoms in the last three (3) years.
(L) has been diagnosed with a respiratory condition, such as emphyse-
ma, chronic asthma, or tuberculosis and, if "yes," whether the respiratory
condition is likely to interfere with the applicant's ability to drive a motor
vehicle safely.
(M) has been diagnosed with high blood pressure, and if "yes," wheth-
er the applicant's blood pressure is usually 140/90 or higher.
(N) has never been diagnosed with a rheumatic, arthritic, orthopedic,
muscular, neuromuscular, or vascular disease, and if "yes," whether the
condition is likely to interfere with the applicant's ability to drive a motor
vehicle safely.
(O) has ever been diagnosed with any mental, nervous, organic, or
functional disease, or psychiatric disorder and, if "yes," whether the
condition is likely to interfere with the applicant's ability to drive a motor
vehicle safely.
(P) has ever been diagnosed with epilepsy or any other condition
which may cause loss of consciousness or loss of control, and if "yes,"
whether the applicant has had a loss of consciousness or loss of control
in the last three (3) years.
(Q) uses a controlled substance, amphetamine, narcotic, or any other
habit-forming drug, and if "yes," whether the applicant's physician pre-
scribed the drug and whether the applicant's physician advised the appli-
cant not to drive when taking the drug.
(R) has a current clinical diagnosis of alcoholism, and if "yes," when
the applicant last had an alcoholic beverage.
(3) An explanation of any "yes" answer.
(4) The physician's name, office address, and telephone number.
(5) The month and year of the applicant's last visit to the physician.
(6) A certification, signed and dated by the applicant under penalty of
perjury, that the information provided is true and correct, and that the ap-
plicant consents to the release of medical information to the department
by the physician named on the form.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 12804.2,
12804.12, 12804.14 and 15250.5, Vehicle Code.
History
1. New section filed 9-12-2000; operative 10-12-2000 (Register 2000, No. 37).
2. Amendment of subsections (a) and (b)(2)(M) filed 10-18-2005; operative
11-17-2005 (Register 2005, No. 42).
Article 2.2.
Licenses for Minors Under Age
of Eighteen
§ 50.40. Forms.
History
1 . Change without regulatory effect renumbering former section 1 00.40 to section
50.40 and adding article 2.2 designation filed 7-19-93 pursuant to title 1 , sec-
tion 100, California Code of Regulations (Register 93, No. 30).
2. Change without regulatory effect repealing section filed 1-10-2002 pursuant
to section 100, title 1, California Code of Regulations (Register 2002, No. 2).
Page 4.2(h)
Register 2006, No. 37; 9-15-2006
Title 13
Department of Motor Vehicles
§ 55.01
§ 50.45. Minimum Instruction Requirements Acceptable to
the Department.
(a) Certification of driver education by a licensed driving school or
educational institution other than a secondary school must be based on
the areas prescribed for automobile driver education stated in Section
10020 of Title 5 of the California Code of Regulations. Classroom in-
struction shall be a minimum of thirty (30) fifty-minute periods. Instruc-
tion shall be based on a teaching guide furnished by the department.
(b) Pursuant to behind-the-wheel training certification, the training
must be a minimum of six (6) hours. Training shall be based on a teaching
guide furnished by the department.
NOTE: Authority cited: Sections 1651 and 1 1 1 13, Vehicle Code. Reference: Sec-
tion 12814.6. Vehicle Code.
History
1. Change without regulatory effect renumbering former section 100.45 to section
50.45 filed 7-19-93 pursuant to title ], section 100, California Code of Regula-
tions (Register 93, No. 30).
2. Change without regulatory effect amending section and adding NOTE filed
1-10-2002 pursuant to section 100, title 1, California Code of Regulations
(Register 2002, No. 2).
§ 55.01. Driver Education Pilot Program.
NOTE: Authority cited: Sections 1651 and 12814.8, Vehicle Code. Reference:
Section 12814.8, Vehicle Code.
History
1. New section filed 5-22-2001: operative 5-22-2001 pursuant to Government
Code section 1 1343.4 (Register 2001, No. 21).
2. Change without regulatory effect repealing section filed 4-9-2004 pursuant to
section 100, title 1, California Code of Regulations (Register 2004, No. 15).
[The next page is 4.3.]
Page 4.2(i)
Register 2006, No. 37; 9-15-2006
Title 13
Department of Motor Vehicles
§ 77.15
§ 55.02. Requirements for Driving Schools Participating in
the Driver Education Pilot Program.
NOTE: Authority cited: Sections 1651 and 12814.8, Vehicle Code. Reference:
Section 12814.8. Vehicle Code.
History
1. New section filed 5-22-2001; operative 5-22-2001 pursuant to Government
Code section 1 1343.4 (Register 2001, No. 21).
2. Change without regulatory effect repealing section filed 4-9-2004 pursuant to
section 1 00, title 1 , California Code of Regulations (Register 2004, No. 1 5).
§ 55.03. Record Keeping and Reporting Requirements for
Participating Driving Schools.
NOTE: Authority cited: Sections 1651 and 12814.8, Vehicle Code. Reference:
Section 12814.8, Vehicle Code.
History
1. New section filed 5-22-2001; operative 5-22-2001 pursuant to Government
Code section 1 1343.4 (Register 2001, No. 21).
2. Change without regulatory effect repealing section filed 4-9-2004 pursuant to
section 100, title iTCalifornia Code of Regulations (Register 2004, No. 15).
§ 55.04. Inspections, Examinations and Audits by the
Department.
NOTE: Authority cited: Sections 1651 and 12814.8, Vehicle Code. Reference:
Section 12814.8, Vehicle Code.
History
1. New section filed 5-22-2001; operative 5-22-2001 pursuant to Government
Code section 1 1343.4 (Register 2001, No. 21).
2. Change without regulatory effect repealing section filed 4-9-2004 pursuant to
section 100, title 1, California Code of Regulations (Register 2004, No. 15).
§ 55.05. Advertisement of Driver Education Pilot Program
by a Driving School.
NOTE: Authority cited: Sections 1651 and 12814.8, Vehicle Code. Reference:
Section 12814.8, Vehicle Code.
History
1. New section filed 5-22-2001; operative 5-22-2001 pursuant to Government
Code section 1 1343.4 (Register 2001, No. 21).
2. Change without regulatory effect repealing section filed 4-9-2004 pursuant to
section 100, title 1, California Code of Regulations (Register 2004, No. 15).
§ 55.06. Participant/Applicant Requirements.
NOTE: Authority cited: Sections 1651 and 12814.8, Vehicle Code. Reference:
Section 12814.8, Vehicle Code.
History
1. New section filed 5-22-2001; operative 5-22-2001 pursuant to Government
Code section 1 1343.4 (Register 2001, No. 21).
2. Change without regulatory effect repealing section filed 4-9-2004 pursuant to
section 100, title 1 , California Code of Regulations (Register 2004, No. 15).
Article 2.3. Financial Responsibility
SUSPENSION OF LICENSE FOLLOWING ACCIDENT
§ 75.20. Policy or Bond Not in Effect at Time of Accident;
Notice by Insurance Company or Surety
Company.
(a) Manner of Giving Notice. The notification required by Section
16057 shall be rendered in writing, by the completion of the notice re-
ceived from the department.
(b) Preparing the Notice. The notification shall be signed by a person
authorized by the company.
(c) Time of Notice. The notification shall be given to the department
within twenty days from the date of mailing as it appears on the notice.
(d) Mailing the Notice. The notification shall be forwarded to the De-
partment of Motor Vehicles, Financial Responsibility, Sacramento, Cali-
fornia.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 16020,
16021(b) and 16057, Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 100.20 to section
75.20 and adding article heading filed 7-19-93 pursuant to title 1, section 100,
California Code of Regulations (Register 93, No. 30).
§ 77.00. Suspension Exemption.
A driver suspended for failure to provide evidence of financial respon-
sibility, pursuant to Vehicle Code section 16070, is exempt pursuant to
Vehicle Code section 16073 from the suspension when his/her employ-
ment requires the operation of a motor vehicle as part of his/her duties and
the vehicle is not registered in the suspended driver's name. Neither an
application, payment of fee(s), or proof of financial responsibility pur-
suant to Vehicle Code section 16430 is required to be provided by the
suspended driver to qualify for the exemption. No marking of the driver
license or the department's records is necessary for this exemption.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 16070
and 16073, Vehicle Code.
History
1. New section filed 6-28-2000; operative 7-28-2000 (Register 2000, No. 26).
§ 77.05. Restricted License Requirements.
(a) A person whose driving privilege has been suspended pursuant to
Vehicle Code section 16070 may apply and qualify for one or more finan-
cial responsibility driver license restrictions as described in Sections
77. 15, 77. 16 and 77. 17, Division I, Chapter 1 of Title 13 of the California
Code of Regulations by submitting the following to the department:
(1 ) An application for the restriction(s) as described in Sections 77.10,
77. 15, 77.16 and 77.17, Division 1, Chapter I of Title 13 of the California
Code of Regulations with the appropriate sections completed and signed.
(2) Proof of financial responsibility pursuant to Vehicle Code section
16430.
(3) A fee totaling $250, as specified in Vehicle Code sections 16072
and 16077.
(A) A single $250 restriction fee, pursuant to Vehicle Code sections
16072 and/or 16077, qualifies an applicant for one or more financial re-
sponsibility driver license restrictions in lieu of the mandatory one-year
suspension.
(B) The $250 fee shall be payable in a single payment.
(b) The applicant shall not be eligible for the driver license restric-
tion^) if any other suspension or revocation of the driving privilege is in
effect or if the applicant's driver license is a commercial class A, class
B or class C. When a driver with a commercial driver license downgrades
to a non-commercial class C or M driver license, he/she may be eligible
for the driver license restriction(s).
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 16070,
16072, 16077, 16078 and 16430, Vehicle Code.
History
1. New section filed 6-28-2000; operative 7-28-2000 (Register 2000, No. 26).
2. Amendment of section and Note filed 1-30-2006; operative 3-1-2006 (Regis-
ter 2006, No. 5).
§ 77.10. Application for a Driver License Restriction.
To drive a motor vehicle pursuant to Vehicle Code sections 16072 and
16077 and as described in Sections 77.15, 77.16 and 77.17, Division 1,
Chapter 1 of Title 13 of the California Code of Regulations, the applicant
shall complete, sign and submit to the department for approval the Ap-
plication for Non-Commercial Restricted Driver License for Financial
Responsibility Actions, form DL 691 (REV. 6/2005), which is hereby in-
corporated by reference. All applicants regardless of the restriction re-
quested shall complete the Applicant Information section and Part D
prior to submitting the form to the department.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 16070,
16072, 16077 and 16078, Vehicle Code.
History
1. New section filed 6-28-2000; operative 7-28-2000 (Register 2000, No. 26).
2. Amendment filed 1-30-2006; operative 3-1-2006 (Register 2006, No. 5).
§77.15. Employment Restriction.
To drive a motor vehicle (including vehicles registered in the appli-
cant's name) to and from employment and during the course of employ-
ment, the applicant shall submit the Application for Non-Commercial
Restricted Driver License for Financial Responsibility Actions, form DL
691 (REV. 6/2005), with Part A completed. The restriction is not valid
for a commercial class A, class B or class C driver license.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 16070,
16072 and 16073, Vehicle Code.
Page 43
Register 2006, No. 5; 2-3-2006
§ 77.16
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
History
1 . New section filed 6-28-2000; operative 7-28-2000 (Register 2000, No. 26).
2. Amendment of section and Note filed 1-30-2006; operative 3-1-2006 (Regis-
ter 2006, No. 5).
§ 77.16. School Transportation Restriction.
(a) To transport a minor dependent in the applicant' s immediate family
to and/or from a primary or secondary educational institution (Kinder-
garten through Twelfth grade), the applicant shall submit the Application
for Non-Commercial Restricted Driver License for Financial Responsi-
bility Actions, form DL 69 1 (REV. 6/2005), with Part B completed.
(b) For the purposes of this section a "minor dependent in the immedi-
ate family" is defined as any person enrolled in a primary or secondary
educational institution who either resides within the household of the ap-
plicant or, without regard to place of residence, is the applicant's son,
daughter, brother or sister.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 16072,
Vehicle Code.
History
1 . New section filed 6-28-2000; operative 7-28-2000 (Register 2000, No. 26).
2. Amendment filed 1-30-2006; operative 3-1-2006 (Register 2006, No. 5).
§ 77.17. Medical Treatment Restriction.
(a) To drive to and from medical and/or mental health treatments for
the suspended driver and/or an immediate family member of the sus-
pended driver, the applicant shall submit the Application for Non-Com-
mercial Restricted Driver License for Financial Responsibility Actions,
form DL 691 (REV. 6/2005), with Part C completed.
(b) For the purposes of this section "immediate family members" shall
include, but are not limited to: a spouse, children, parents, or anyone who
resides within the household of the applicant.
(c) For the purposes of this section and pursuant to Vehicle Code sec-
tion 16077 and Evidence Code section 101 0, a "practitioner" shall be de-
fined as the health care professional licensed by the State of California
who prescribed the treatment(s) upon which the restriction application is
based. The professions qualified to sign shall include, but not be limited
to: licensed physicians; surgeons; nurse practitioners; psychiatrists;
psychologists; clinical social workers; and marriage, family and child
counselors.
(d) A "serious health problem" shall be defined as a health problem
that requires more than one treatment appointment.
NOTE: Authority cited: Section 1 651 , Vehicle Code. Reference: Section 1010, Ev-
idence Code; and Section 16077, Vehicle Code.
History
1. New section and new form DL 691 filed 6-28-2000; operative 7-28-2000
(Register 2000, No. 26).
2. Amendment of subsections (a) and (b) and removal of form DL 691 (incorpo-
rated by reference) filed 1-30-2006; operative 3-1-2006 (Register 2006, No.
5).
CERTIFICATES OF SELF-INSURANCE
§ 80.00. Definitions.
As used in this article, the following definitions shall apply:
(a) A "financial statement" shall include, but not be limited to, the doc-
uments commonly known as balance sheets, profit and loss statements,
explanatory notes or other documents which allow the department to de-
termine an applicant's net financial worth.
(b) An "independent certified public accountant" is a certified public
accountant, lawfully licensed to audit financial statements and render an
opinion of an applicant's financial condition. For purposes of this regula-
tion, an independent certified public accountant shall not be an employee
of, or have any material or vested interest in the entity being audited.
(c) "Net worth" shall be defined as an applicant's net financial worth
determined by calculating financial assets minus liabilities as identified
on the financial statements and application or renewal attachments.
(1) Liabilities include unresolved past, current and future financial re-
sponsibility obligations and assessed risk factors.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 16053,
Vehicle Code.
History
1 . New section filed 6-26-2001; operative 7-26-2001 (Register 2001, No. 26).
§ 80.25. Requirements.
The applicant shall meet the following requirements to qualify as a
self-insurer:
(a) The applicant shall have more than 25 motor vehicles registered in
the name of the applicant as it appears on the Application for Certificate
of Self-Insurance, form SR44 (REV. 6/01).
(b) The applicant shall provide audited financial statements of the ap-
plicant's net worth as defined in Section 80.00, Division 1, Chapter l,of
Title 13, of the California Code of Regulations. Included with the finan-
cial statements shall be an opinion of the financial condition of the appli-
cant rendered by an independent certified public accountant.
(c) The net worth evidenced on the financial statement(s) submitted
with the original application and subsequent annual renewals shall be
equal to or greater than the net worth pursuant to Section 80.60, Division
1 , Chapter 1 , of Title 1 3, of the California Code of Regulations.
(d) No unsatisfied final judgments shall exist against the applicant's
name resulting from property damages and/or bodily injury (including
death) that occurred as a result of a motor vehicle accident.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 16053,
16054.2, Vehicle Code.
History
1. New section filed 6-26-2001; operative 7-26-2001 (Register 2001, No. 26).
§ 80.50. Initial Application.
(a) An applicant requesting the self-insurance method of compliance
to the financial responsibility law pursuant to Vehicle Code section
16053 shall complete, sign and certify under penalty of perjury under the
laws of the State of California, an Application for a Certificate of Self-In-
surance, form SR44 (REV. 6/01).
(1) The Application for a Certificate of Self-Insurance, form SR44
(REV. 6/01) is hereby incorporated by reference.
(b) The department shall consider the completed Application for a
Certificate of Self-Insurance, form SR44 (REV. 6/01) in accordance
with the provisions of Articles 2 and 3, Chapter 1, of Division 7 of the
Vehicle Code and Section 80.00, et seq., Division 1, Chapter 1, of Title
13, of the California Code of Regulations. If the application is approved,
the department shall issue a Certificate of Self-Insurance form SR27
(REV. 10/99), which contains an assigned number that serves as evi-
dence of financial responsibility as established in Vehicle Code section
16020(b)(2) and proof of financial responsibility pursuant to Vehicle
Code section 16436.
(c) The Certificate of Self-Insurance, form SR27 (REV. 10/99) shall
serve as proof or evidence of financial responsibility under Article 2,
Chapter 1, and Article 1, Chapter 3, Division 7 of the Vehicle Code.
NOTE. Authority cited: Section 1651, Vehicle Code. Reference: Section 16052,
16053, 16054.2 and 16436, Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 100.50 to section
80.50 filed 7-19-93 pursuant to title 1, section 100, California Code of Regula-
tions (Register 93, No. 30).
2. Repealer and new section filed 6-26-2001; operative 7-26-2001 (Register
2001, No. 26).
§ 80.55. Financial Statement.
(a) The application for a Certificate of Self-Insurance, form SR44
(REV. 6/01) shall be accompanied by an audited financial statement for
the three-year period immediately preceding the date of application. The
financial statement shall include an opinion of the net worth of the appli-
cant rendered by an independent certified public accountant.
(1) This opinion shall apply to the net worth of the applicant for the
date and time when the financial statement is signed.
(b) When an applicant has not been in existence for three years prior
to the date of application, the department may accept a financial state-
ment covering the period the applicant has been in existence.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 16053,
Vehicle Code.
Page 4.4
Register 2006, No. 5; 2-3-2006
Title 13
Department of Motor Vehicles
§ 80.70
History
1 . Change without regulatory effect renumbering former section 1 00.55 to section
80.55 filed 7-19-93 pursuant to title 1 , section 1 00, California Code of Regula-
tions (Register 93, No. 30).
2. Amendment of section and new NOTE filed 6-26-2001; operative 7-26-2001
(Register 2001, No. 26).
§ 80.60. Net Worth.
The audited financial statement shall reflect a net worth of not less than
$2,200,000 on the date of application.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 16053
and 16054.2, Vehicle Code; and Sections 700.01, 700.02 and 700.25, Insurance
Code.
History
1 . Change without regulatory effect renumbering former section 1 00.60 to section
80.60 filed 7- 1 9-93 pursuant to title 1 , section 1 00, California Code of Regula-
tions (Register 93, No. 30).
2. Amendment of section and new Note filed 6-26-2001; operative 7-26-2001
(Register 2001, No. 26).
§ 80.65. Additional Information.
The department shall require a statement of claims and losses during
the preceding three year period, a history of insolvency proceedings, ac-
cident and civil judgment history, claim reserves, and any relevant addi-
tional information necessary to determine the initial and continuing abil-
ity of the applicant to pay future claims.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 16053
and 16054.2, Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 100.65 to section
80.65~filed 7-19-93 pursuant to title 1, section 100, California Code of Regula-
tions (Register 93, No. 30).
2. Amendment of section and new Note filed 6-26-2001 ; operative 7-26-2001
(Register 2001, No. 26).
§ 80.70. Updated Financial Statement.
If a Certificate of Self-Insurance, form SR27 (REV. 10/99) has not
been issued or has been refused within six months of the date of applica-
tion, the department may require the applicant to submit an updated fi-
nancial statement.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 16053
and 16054.2, Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 1 00.70 to section
80.70 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regula-
tions (Register 93, No. 30).
2. Amendment of section and new Note filed 6-26-2001; operative 7-26-2001
(Register 2001, No. 26).
[The next page is 5.]
Page 4.5
Register 2006, No. 5; 2-3-2006
Title 13
Department of Motor Vehicles
§ 82.00
§ 80.75. Renewal Requirements.
(a) The holder of a Certificate of Self-Insurance, form SR27 (REV.
10/99) shall submit to the department within twelve months after is-
suance of the certificate and at twelve month intervals thereafter, a com-
pleted Financial Responsibility Self-Insurance Renewal Attachment,
form SR70 (REV. 3/98). which is hereby incorporated by reference and
an audited financial statement for the previous year.
(1) The statement shall include an opinion of the net worth of the hold-
er of the certificate rendered by an independent certified public accoun-
tant.
(A) This opinion shall apply to the net worth of the certificate holder
for the date and time when the financial statement for the renewal ap-
plication is signed.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 16053
and 16054.2, Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 100.75 to section
80.75 filed 7-19-93 pursuant to title 1, section 100, California Code of Regula-
tions (Register 93, No. 30).
2. Amendment of section heading and section and new Note filed 6-26-2001 ; op-
erative 7-26-2001 (Register 2001, No. 26).
§ 80.80. Confidentiality.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 16005,
Vehicle Code.
History
1. Change without regulatory effect renumbering former section 100.80 to section
80.80 filed 7-19-93 pursuant to title 1 , section 1 00, California Code of Regula-
tions (Register 93, No. 30).
2. Repealer of section and new NOTE filed 8-22-96; operative 9-21-96 (Register
96, No. 34).
§ 80.85. Formal Hearing.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 14100
and 16053(b), Vehicle Code.
History
1 . Chanse without regulatory effect renumbering former section 1 00.85 to section
80.85" filed 7-1 9-93 pursuant to title 1, section 100, California Code of Regula-
tions (Register 93, No. 30).
2. Change without regulatory effect repealing section filed 3-28-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 13).
§ 80.90. Grounds for Cancellation.
Reasonable grounds for cancellation of a certificate of self-insurance
shall include, but not be limited to, the following:
(a) Failure of the holder of the certificate to maintain the requirements
for obtaining a certificate as required by this article.
(b) Inability, refusal or failure of the holder of the certificate to submit
annual financial statements, the Financial Responsibility Self-Insurance
Renewal Attachment, form SR70 (REV. 3/98) and requested supporting
documentation as required by this article.
(c) Submission of fraudulent or incomplete documents.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 16053
and 16054.2, Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 1 00.90 to section
80.90~filed 7-19-93 pursuant to title 1, section 100, California Code of Regula-
tions (Register 93, No. 30).
2. Amendment of section and Note filed 6-26-2001 ; operative 7-26-2001 (Reg-
ister 2001, No. 26).
§ 82.00. Uniform Insurance Card.
Every insurance company licensed to offer private passenger liability
policies as described in Section 660(a) and (b) of the Insurance Code, ex-
cept as provided in Vehicle Code section 4000.37, shall issue to each
policy holder, for each vehicle covered by private passenger liability in-
surance, a California Evidence of Liability Insurance Document (REG
890A (Rev 5/97)).
(a) Form Layout. The information must appear on the California Evi-
dence of Liability Insurance Document (REG 890A (Rev 5/97) as it ap-
pears in the following sample:
REG 890A (REV. 5/97)
CALIFORNIA EVIDENCE OF LIABILITY INSURANCE
DO NOT FOLD OR STAPLE — SUBMIT ORIGINAL TO DMV
This insurance complies with CVC § 16056 or § 16500.5
SIGNATURE OF INSURANCE REPRESENTATIVE
VEHICLE IDENTIFICATION NUMBER (VIN)
POLICY NUMBER
STREET ADDRESS
POLICY EFFECTIVE DATE
POLICY EXPIRATION DATE
VEHICLE MAKE YEAR MODEL
INSURANCE COMPANY NAME
ZIP CODE NAIC NUMBER
(b) Form Content. Each California Evidence of Liability Insurance
Document shall contain the following information:
(1) A statement that the policy complies with Sections 16056 or
16500.5 of the California Vehicle Code
(2) The primary name of the insured covered by the policy, or the ve-
hicle owner, or both
(3) The Vehicle Identification Number
(4) The make/manufacturer of the vehicle
(5) The year model of the vehicle
(6) The policy number issued for the policy
(7) The effective date of the coverage
(8) The scheduled expiration date of the coverage
(9) The name of the insurance company
(10) The address of the insurance company
(1 1 ) The five-digit National Association of Insurance Commissioners
(NAIC) Number issued for the insurance company.
Page 5
Register 2006, No. 26; 6-30-2006
§ 85.00
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(c) Paper Specifications. The paper used for the California Evidence
of Liability Insurance Document (REG 890A (Rev 5/97) shall meet the
following specifications: Maximum and minimum 24 lbs. (90gm2)OCR
White Bond, and Laser Compatible. The paper shall be compliant with
the American National Standard (ANSI) X3. 96-1 983, for Information
systems — Continuous Business Forms (Single Part) — Paper Sizes.
(d) Document Size. The document shall be 3.5 inches tall and 8.5 in-
ches wide. The document may be issued as a removable stub of a larger
document.
(e) Color Ink. The ink used for completion of this form shall be black.
(f) Electronic Content
(1) Form number 89000 in postnet barcode font must be located 1/2
inch from the top and the right-side edge of the form. The form must have
a 1/4 inch quiet zone around the postnet form number 89000. A stop and
start bar must bracket the barcode.
(2) Each form shall also include a 72— digit electronic scan line of data
that meets the following specifications:
(A) Font: OCR Font — A (OCRA) — 10 characters per inch
(B) Location: 1.2 centimeters from the bottom of the form; 1.2 centi-
meters from the right edge; and 2 centimeters from the left edge
(3) The OCR scan line shall contain the following information, in or-
der:
(A) A two-position mail extraction code of 'FR'.
(B) A five-position National Association of Insurance Commission-
ers number.
(C) An eight-position policy effective date (MMDDCCYY format)
(D) An eight-position policy expiration date (MMDDCCYY format)
(E) A four-position vehicle year model (CCYY format)
(F) A three-position vehicle make, use the first three digits of the
make. If the vehicle make is less than three positions, the remaining posi-
tions will be '9' (right fill)
(G) A two-position number indicating the number of positions that
will be used for the vehicle identification number (01-30)
(H) A thirty-position vehicle identification number field, right filled
with '0' if the number is less than thirty positions. If the vehicle identifi-
cation number is greater than thirty positions, report the first 30 positions.
(I) An eight-position filed of zeroes (00000000)
(J) A two-position check digit (Algorithm). The DMV will make the
algorithm available to insurance companies.
NOTE: Authority cited: Sections 1651 and 4000.37, Vehicle Code Reference:
Sections 4000.37 and 16056, Vehicle Code; and Section 660, Insurance Code.
History
1. New section filed 5-7-2003; operative 1-1-2004 (Register 2003, No. 19).
§ 85.00. Definitions.
(a) Satisfactory evidence of financial responsibility as used in this Ar-
ticle shall mean private passenger automobile liability policies and cov-
erages, private passenger automobile policies and coverages issued by an
automobile assigned risk plan electronically reported as established in
Vehicle Code sections 4000.38 or 16058, or any of the documents in Sec-
tion 85.04, Article 2.3, Chapter 1, Division 1 of Title 13 of the California
Code of Regulations.
(b) "Issuance of original registration or transfer of registration" as used
in this article shall mean the issue date of the registration card identified
in Vehicle Code Section 4453, which is produced for vehicles subject to
registration as specified in Article 1, Chapter 1, Division 3, of the Vehicle
Code.
NOTE: Authority cited: Sections 1651 and 16058, Vehicle Code. Reference: Sec-
tions 4000.37, 4000.38, 16053, 16054.2 and 16058, Vehicle Code.
History
1. New section filed 6-30-2006; operative 7-30-2006 (Register 2006, No. 26).
§ 85.02. Registration Suspension.
(a) When the department determines that the vehicle registration has
been obtained by providing false evidence of financial responsibility, a
written notification shall be sent to the registered owner(s) requiring sat-
isfactory evidence of financial responsibility to be received by the de-
partment or its agent within thirty (30) days from the date of the notifica-
tion or a suspension takes effect.
(b) When an insurance company informs the department that the re-
quired vehicle insurance policy or coverage is canceled, a written notifi-
cation shall be sent to the registered owner(s) requiring satisfactory evi-
dence of financial responsibility to be sent to the department or its agent
within forty-five (45) days from the date of the notification or a suspen-
sion takes effect.
(c) When evidence of financial responsibility has not been provided
to the department within thirty (30) days after issuance of original regis-
tration or transfer of registration, a written notification shall be sent to the
registered owner(s) requiring satisfactory evidence of financial responsi-
bility to be sent to the department or its agent within thirty (30) days from
the date of the notification or a suspension takes effect.
NOTE: Authority cited: Sections 1651 and 16058. Vehicle Code. Reference: Sec-
tions 4000.37, 4000.38 and 16058, Vehicle Code.
History
1. New section filed 6-30-2006; operative 7-30-2006 (Register 2006, No. 26).
§ 85.04. Alternative Procedure to Electronic Insurance
Reporting.
(a) Under the alternative procedure authorized under Vehicle Code
section 16058(e)(2), the department shall accept the following docu-
ments to permit the timely renewal of vehicle registration.
(1) An insurance card as described in Vehicle Code section 4000.37
and Section 82.00, Article 2.3, Chapter 1, Division 1 of Title 13 of the
California Code of Regulations.
(2) A department-issued certificate of self insurance form authorized
under Vehicle Code section 16053 and Section 80.50(c), Article 2.3.
Chapter 1, Division 1 of Title 13 of the California Code of Regulations.
(3) A department-issued written confirmation of cash deposited with
the department pursuant to Vehicle Code section 16054.2.
(4) Documentation of a liability policy pursuant to Vehicle Code sec-
tions 4000.37 or 16054.2(b) that indicates coverage issued by a charita-
ble risk pool, which may be provided by an insurance company admitted
to do business in California or by the charitable risk pool.
(5) An insurance covering note or binder authorized under Insurance
Code section 382 or 382.5 and provided by an insurance company autho-
rized to do business in California.
(b) Registration accepted under the alternative procedure shall be sub-
ject to verification by the department or its agent.
NOTE: Authority cited: Sections 1651 and 16058, Vehicle Code. Reference: Sec-
tions 382 and 382.5, Insurance Code; and Sections 4000.37, 4000.38, 16053,
16054.2 and 16058, Vehicle Code.
History
1. New section filed 6-30-2006; operative 7-30-2006 (Register 2006, No. 26).
§ 85.06. Registration Reinstatement.
A vehicle registration shall be reinstated after satisfactory evidence of
financial responsibility, payment of a fourteen ($14) dollar reinstatement
fee authorized under Vehicle Code section 4000.38(c) and all fees and
documents that meet registration requirements have been submitted to
the department or its agent.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 4000.37,
Vehicle Code.
History
1. New section filed 6-30-2006; operative 7-30-2006 (Register 2006, No. 26).
§ 85.08. Insurance Company Reporting Requirements.
(a) Insurance companies shall comply with Vehicle Code section
16058 by electronic reporting of information to the department or its
agent in the American National Standards Institute (ANSI) X12.81 1 or
California Automobile Liability Insurance (CALI) electronic formats.
(b) Unless there is no new information to report, the frequency for
electronically reporting information shall be
(1) Pursuant to Vehicle Code section 16058(c), no less than once in
any thirty (30) day period for all issued private passenger automobile li-
bility insurance policies and coverages, or private passenger automobile
policies and coverages issued by an automobile assigned risk plan.
Page 6
Register 2006, No. 26; 6-30-2006
Title 13
Department of Motor Vehicles
§ 100.11
(2) Pursuant to Vehicle Code section 16058(d), no less than once in
any forty-five (45) day period for termination or changes in private pas-
senger automobile libility insurance policies and coverages, or private
passenger automobile policies and coverages issued by an automobile
assigned risk plan.
NOTE: Authority cited: Sections 1651 and 16058, Vehicle Code. Reference: Sec-
tions 4000.38 and 16058, Vehicle Code.
History
]. New section filed 6-30-2006; operative 7-30-2006 (Register 2006, No. 26).
§ 100. Federal Standards and Requirements.
NOTE: Authority cited: Section 3100, Vehicle Code. Reference: Sections 12804.1
and 12804.3, Vehicle Code; and Title 49, United Stales Code, Section 1811.
History
1 . New section filed 9-1 5-87; operative 1 0-1 5-87 (Register 87. No. 38). For prior
history, see Registers 87, No. 2 and 81, No. 21.
2. Change without regulatory effect repealing section filed 6-5-91 pursuant to
section 100, title 1, California Code of Regulations (Register 91, No. 38).
Article 2.4. Driver Safety
§ 1 00.01 . Reexaminations Pursuant to Vehicle Code
Section 13801.
(a) Pursuant to Section 13801 of the Vehicle Code, the department
shall consider it a failure to submit to or complete the reexamination if:
(1) The individual does not appear as scheduled for the reexamination.
(2) The individual fails to provide any information requested by the
department.
(3) The individual fails to complete a drive test, if required by the de-
partment.
(4) The individual fails to complete a vision examination, if required
by the department.
(5) The individual is not responsive to the questions of the departmen-
tal representative during the reexamination.
(6) The department does not receive a required medical evaluation of
the individual by the date required, either because the individual refuses
to authorize the doctor to release the information required, or because the
doctor does not submit the evaluation. If a medical evaluation is required,
the individual shall be required to submit the evaluation to the department
not later than 26 days from the date the request for the evaluation was
mailed or given directly to the individual, unless an extension is approved
by the department for good cause.
(b) The department may reschedule a reexamination at the request of
the driver for good cause, in lieu of suspension, or may reschedule the
reexamination at the need of the department.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 13801,
Vehicle Code; and Section 1795.12(b), Health and Safety Code.
History
1. New article 2.4 and section filed 8-9-94; operative 9-8-94 (Register 94, No.
32). For prior history, see Register 91, No. 38.
2. Editorial correction of subsections (a)(6) and (b) (Register 99, No. 9).
§ 100.02. Requirements for Out-of-State Drivers.
NOTE: Authority cited: Section 3100, Vehicle Code. Reference: Sections 3100,
12500. 12502, 12804.1, 12804.3, 12805, 12809, 12810, 12810.5, 13205, 13352,
13352.5, 13353, 13355, 13357. 13359, 13361, 13363, 13365, 13552, 13553,
13954, 14252, 15020, 15023, 15024, 23157, 23160, 23161 and 23166, Vehicle
Code; and Title 49, Code of Federal Regulations, Section 391 .41 .
History
1. New section filed 9-15-87; operative 10-15-87 (Register 87, No. 38).
2. Change without regulatory effect repealing section filed 6-5-91 pursuant to
section 100, title 1, California Code of Regulations (Register 91, No. 38).
§ 100.03. Renewal of Certificate.
NOTE: Authority cited: Section 3100, Vehicle Code. Reference: Sections 12804. 1
and 12804.3, Vehicle Code.
History
1. New section filed 9-15-87; operative 10-15-87 (Register 87, No. 38).
2. Change without regulatory effect repealing section filed 6-5-91 pursuant to
section 100, title 1, California Code of Regulations (Register 91, No. 38).
§ 1 00.04. Exceptions to the Certificate Program.
NOTE: Authority cited: Section 3100, Vehicle Code. Reference: Sections 12804.1
and 12804.3, Vehicle Code; and Section 25163, Health and Safety Code.
History
1. New section filed 9-15-87; operative 10-15-87 (Register 87, No. 38).
2. Change without regulatory effect repealing section filed 6-5-91 pursuant to
section 100, title 1, California Code of Regulations (Register 91, No. 38).
§ 100.05. Refusal, Revocation, and Hearing.
NOTE: Authority cited: Section 3100, Vehicle Code. Reference: Sections 3100,
12804.1. 12804.3. 12805, 12807, 12809, 12810.5 and 13950 through 14112, Ve-
hicle Code.
History
1 . New section filed 9-1 5-87; operative 10-1 5-87 (Register 87, No. 38). For prior
history, see Register 87, No. 2.
2. Change without regulatory effect repealing section filed 6-5-91 pursuant to
section 100, title 1, California Code of Regulations (Register 91, No. 38).
§ 1 00.06. Employer Certification of Training for Hazardous
Waste, Hazardous Materials, or Bulk Liquid
Loads.
NOTE: Authority cited: Section 3100, Vehicle Code. Reference: Sections 12804,
12804.1 and 12804.3, Vehicle Code.
History
1 . New section filed 9-15-87; operative 1 0-1 5-87 (Register 87, No. 38). For prior
history, see Register 87, No. 2.
2. Change without regulatory effect repealing section filed 6-5-91 pursuant to
section 100, title 1, California Code of Regulations (Register 91, No. 38).
§100.07. Training Requirements.
NOTE: Authority cited: Section 3100, Vehicle Code. Reference: Sections 12804,
12804.1 and 12804.3, Vehicle Code; and Title 49, Code of Federal Regulations,
Sections 172.200-172.204, 173.24, 177.800(a), 177.823, 177.855-177.861,
397.1-397.3, 397.7(b), 397.9(a) and 397.1 1-397.19.
History
1. New section filed 9-15-87; operative 10-15-87 (Register 87, No. 38). For prior
history, see Register 87, No. 2.
2. Change without regulatory effect repealing section filed 6-5-91 pursuant to
section 100, title 1 , California Code of Regulations (Register 91, No. 38).
§ 100.08. Certificate of Driving Experience.
NOTE: Authority cited: Section 3100, Vehicle Code. Reference: Section 12804,
Vehicle Code.
History
1 . New section filed 9-15-87; operative 10-15-87 (Register 87, No. 38). For prior
history, see Register 87, No. 2.
2. Change without regulatory effect renumbering former section 1 00.08 to section
25.08 filed 7-19-93 pursuant to title 1 . section 100, California Code of Regula-
tions (Register 93, No. 30).
§ 100.09. Employers Qualifying for Certification for Class 1
and/or Class 2 Operation and Special
Certificate Approval.
NOTE: Authority cited: Section 3100, Vehicle Code. Reference: Sections 12804,
12804.1 and 12804.3, Vehicle Code.
History
1. New section filed 9-15-87; operative 10-15-87 (Register 87, No. 38).
2. Change without regulatory effect repealing section filed 6-5-91 pursuant to
section 100, title 1, California Code of Regulations (Register 91, No. 38).
§ 100.10. Additional Employer Requirements.
NOTE: Authority cited: Section 3100, Vehicle Code. Reference: Sections 12804,
12804.1, 12804.3 and 13950-14112, Vehicle Code.
History
1. Change without regulatory effect renumbering former section 100. 10 to section
100.18 (Register 87, No. 38). For prior history, see Register 82, No. 33.
2. New section 100.10 filed 9-15-87; operative 10-15-87 (Register 87, No. 38).
3. Change without regulatory effect renumbering former section 1 00. 1 0 to section
25. 1 0 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regula-
tions (Register 93, No. 30).
4. Editorial correction of Note (Register 97, No. 30).
§ 1 00.1 1 . Implementation.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 12804,
Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 1 00. 1 1 to section
100.19 (Register 87, No. 38). For prior history, see Register 82, No. 33.
2. New section 100.11 filed 9-15-87; operative 10-15-87 (Register 87, No. 38).
Page 6.1
Register 2006, No. 26; 6-30-2006
§ 100.12
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
3. Change without regulatory effect amending subsection (b) filed 6-5-91 pur-
suant to section 100, title 1, California Code of Regulations (Register 91. No.
38).
4. Change without regulatory effect renumbering former section 100.1 1 to section
25.11 filed 7-19-93 pursuant to title!, section 100. California Code of Regula-
tions (Register 93, No. 30).
MEDICAL REQUIREMENTS FOR DRIVERS
§ 100.12. Revocation of Medical Certificates Approved by
the Department of Motor Vehicles.
NOTE: Authority cited: Section 1 651, Vehicle Code. Reference: Section 12804(a)
and (c), Vehicle Code.
History
1. New section filed 4-5-72; effective thirtieth day thereafter (Register 72, No.
15).
2. Repealer and new section filed 3-25-76: effective thirtieth day thereafter (Reg-
ister 76, No. 13).
3. Repealer filed 5-2 1-81 ; effective thirtieth day thereafter (Register 81, No. 21).
§100.13. Hearings.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 12804(a)
and (c), Vehicle Code.
History
1. New section filed 3-25-76; effective thirtieth day thereafter (Register 76, No.
13).
2. Amendment filed 10-4-77: effective thirtieth day thereafter (Register 77, No.
41).
3. Repealer filed 5-21-81; effective thirtieth day thereafter (Register 81, No. 21).
§ 100.18. Minimum Physical and Medical Requirements for
Class 1 or 2 Drivers' Licenses.
NOTE: Authority cited: Section 1 65 1 , Vehicle Code. Reference: Section 12804(a),
Vehicle Code.
History
1 . Change without regulatory effect renumbering section 1 00. 10 to section 1 00. 18
(Register 87, No. 38). For prior history, see Register 82, No. 33.
2. Change without regulatory effect renumbering former section 100.1 8 to section
28.18 filed 7-19-93 pursuant to title 1, section 100, California Code of Regula-
tions (Register 93, No. 30).
§ 100.19. Medical Certificates Required by Section
12804(c) of the Vehicle Code That May Be
Issued by the Department of Motor Vehicles.
History
1 . Change without regulatory effect renumbering section 1 00. 1 1 to section 1 00. 1 9
(Register 87, No. 38). For prior history, see Register 82, No. 33.
2. Change without regulatory effect renumbering former section 100.19 to section
28.19 filed 7-1 9-93 pursuant to title 1 , section 1 00, California Code of Regula-
tions (Register 93, No. 30).
§ 100.20. Policy or Bond Not in Effect at Time of Accident;
Notice by Insurance Company or Surety
Company.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 16020,
16021(b) and 16057, Vehicle Code.
History
1. Amendment filed 10-4—77; effective thirtieth day thereafter (Register 77, No.
41).
2. Amendment of subsection (e) filed 5-21-81; effective thirtieth day thereafter
(Register 81, No. 21).
3. Amendment filed 4-18-85; effective thirtieth day thereafter (Reeister 85, No.
16).
4. Change without regulatory effect renumbering former section 1 00.20 to section
75.1 defiled 7-19-93 pursuant to title I , section 100. California Code of Regula-
tions (Register 93, No. 30).
§ 100.25. Certificates — Submit in Duplicate.
History
1 . Repealer filed 1 0-4-77; effective thirtieth day thereafter (Register 77, No. 41 ).
STUDENT LICENSES
§100.30. Forms.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 12650
and 12651, Vehicle Code.
History
1 . Repealer filed 5-21-81 ; effective thirtieth day thereafter (Register 8 1 , No. 21).
§ 1 00.31 . Possession of Student Licenses.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 12652,
Vehicle Code.
History
1 . Repealer filed 5-21-8 1 ; effective thirtieth day thereafter (Register 8 1 , No. 2 1 ).
§100.40. Forms.
History
1 . Change without regulatory effect renumbering former section 100.40 to section
50.40 filed 7-19-93 pursuant to title 1, section 100, California Code of Regula-
tions (Register 93, No. 30).
§ 100.45. Minimum Instruction Requirements Acceptable
to the Department.
History
1. Amendment to subsection (a) filed 4-5-72; effective thirtieth day thereafter
(Register 72, No. 15).
2. Amendment filed 10-4-77; effective thirtieth day thereafter (Register 77, No.
41).
3. Change without regulatory effect renumbering former section 1 00.45 to section
50.45 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regula-
tions (Register 93, No. 30).
§ 100.50. Application Form.
History
1. New section filed 6-15-78 as an emergency; designated effective 7-1-78 (Reg-
ister 78, No. 24).
2. Certificate of Compliance filed 9-15-78 (Register 78, No. 37).
3. Change without regulatory effect renumbering former section 100.50 to section
80.50 filed 7-19-93 pursuant to title 1, section 100, California Code of Regula-
tions (Register 93, No. 30).
§100.55. Financial Statement.
History
1 . New section filed 6-1 5-78 as an emergency; designated effective 7-1-78 (Reg-
ister 78, No. 24).
2. Certificate of Compliance filed 9-15-78 (Register 78, No. 37).
3. Change without regulatory effect renumbering former section 100.55 to section
80.55 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regula-
tions (Register 93, No. 30).
[The next page is 7.]
Page 6.2
Register 2006, No. 26; 6-30-2006
Title 13
Department of Motor Vehicles
§ 101.20
§100.60. Net Worth.
History
1 . New section filed 6-1 5-78 as an emergency; designated effective 7-1-78 (Reg-
ister 78, No. 24).
2. Certificate of Compliance filed 9-15-78 (Register 78, No. 37).
3. Change without regulatory effect renumbering former section 100.60 to section
80.60 filed 7-19-9?pursuant to title 1 , section 100, California Code of Regula-
tions (Register 93, No. 30).
§ 100.65. Additional Information.
History
1 . New section filed 6-1 5-78 as an emergency; designated effective 7-1-78 (Reg-
ister 78, No. 24).
2. Certificate of Compliance filed 9-15-78 (Register 78, No. 37).
3. Change without regulatory effect renumbering former section 100.65 to section
80.65 filed 7-1 9-93 pursuant to title 1, section 1 00, California Code of Regula-
tions (Register 93, No. 30).
§ 100.70. Updated Financial Statement.
History
1 . New section filed 6-15-78 as an emergency; designated effective 7-1 -78 (Reg-
ister 78, No. 24).
2. Certificate of Compliance filed 9-15-78 (Register 78, No. 37).
3. Change without regulatory effect renumbering former section 1 00.70 to section
80.70 filed 7-19-93 pursuant to title 1, section 100, California Code of Regula-
tions (Register 93, No. 30).
§ 100.75. Annual Financial Statements.
History
1. New section filed 6-15-78 as an emergency; designated effective 7-1-78 (Reg-
ister 78, No. 24).
2. Certificate of Compliance filed 9-15-78 (Register 78, No. 37).
3. Change without regulatory effect renumbering former section 100.75 to section
80.75 filed 7-19-93 pursuant to title 1, section 1 00, California Code of Regula-
tions (Register 93, No. 30).
§100.80. Confidentiality.
History
1 . New section filed 6-1 5-78 as an emergency; designated effective 7-1-78 (Reg-
ister 78, No. 24).
2. Certificate of Compliance filed 9-15-78 (Register 78, No. 37).
3. Change without regulatory effect renumbering former section 1 00.80 to section
80.80 filed 7-19-93 pursuant to title 1, section 100, California Code of Regula-
tions (Register 93, No. 30).
§100.85. Formal Hearing.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 14100
and 16053(b), Vehicle Code.
History
1 . New section filed 6-1 5-78 as an emergency; designated effective 7-1-78 (Reg-
ister 78, No. 24).
2. Certificate of Compliance filed 9-15-78 (Register 78, No. 37).
3. Editorial correction of Note filed 8-12-82 (Register 82, No. 33).
4. Change without regulatory effect renumbering former section 100.85 to section
80.85 filed 7-19-93 pursuant to title 1, section 100, California Code of Regula-
tions (Register 93, No. 30).
§ 1 00.90. Grounds for Cancellation.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section
16053(b), Vehicle Code.
History
1 . New section filed 6-15-78 as an emergency; designated effective 7-1-78 (Reg-
ister 78, No. 24).
2. Certificate of Compliance filed 9-15-78 (Register 78, No. 37).
3. Editorial correction of Note filed 8-12-82 (Register 82, No. 33).
4. Change without regulatory effect renumbering former section 1 00.90 to section
80.90 filed 7-19-93 pursuant to title 1, section 100, California Code of Regula-
tions (Register 93, No. 30).
§ 1 00.91 . Certification of Ignition Interlock Device.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 1652
and 23235, Vehicle Code; and Sections 15374-15378, Government Code.
History
1. New article 2.4 (sections 100.91-100.95) and section filed 9-3-97; operative
10-7-97 (Register 97, No. 36).
2. Editorial correction of subsection (a)(3) (Register 99, No. 9).
3. Renumbering of former article 2.4 to new article 2.55 and renumbering of for-
mer section 100.91 to section 125.02 filed 6-22-2001; operative 7-22-2001
(Register 2001, No. 25).
§ 100.92. Refusal, Suspension or Revocation of Device
Certification.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 23235,
Vehicle Code.
History
1. New section filed 9-3-97; operative 10-7-97 (Register 97, No. 36).
2. Renumbering of former section 100.92 to section 125.08 filed 6-22-2001 ; op-
erative 7-22-2001 (Register 2001, No. 25).
§ 1 00.93. Modification of Certified Device.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 23235,
Vehicle Code.
History
1. New section filed 9-3-97; operative 10-7-97 (Register 97, No. 36).
2. Renumbering of former section 100.93 to section 125.04 filed 6-22-2001 ; op-
erative 7-22-2001 (Register 2001, No. 25).
§ 100.94. Referral to an Authorized Installer.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 23235
and 23246(f), Vehicle Code.
History
1. New section filed 9-3-97; operative 10-7-97 (Register 97, No. 36).
2. Renumbering of former section 100.94 to section 125.10 filed 6-22-2001; op-
erative 7-22-2001 (Register 2001, No. 25).
§ 100.95. Facilities and Records.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 23235,
Vehicle Code.
History
1. New section filed 9-3-97; operative 10-7-97 (Register 97, No. 36).
2. Renumbering of former section 100.95 to section 125.14 filed 6-22-2001; op-
erative 7-22-2001 (Register 2001, No. 25).
§101.05. Business Hours.
NOTE: Authority cited: Sections 1651 and 1 1202(a)(3), Vehicle Code. Reference:
Sections 320, 11202(a)(2), 11208(a)(3), 11212(b), 11213(b) and 11214, Vehicle
Code.
History
1 . New article 2.5 (sections 101 .05-1 01 .50, not consecutive) filed 2-22-85 as an
emergency; effective upon filing (Register 85, No. 10). A Certificate of Com-
pliance must be transmitted to OAL within 120 days or emergency language
will be repealed on 6-24-85.
2. Order of Repeal of article 2.5 (sections 101.05-101.50, not consecutive) filed
7-22-85 by OAL pursuant to Government Code section 1 1 349.6 (Register 85,
No. 30).
3. New article 2.5 (sections 101.05-101.50, not consecutive) filed 7-24-85 as an
emergency; effective upon filing (Register 85, No. 30). A Certificate of Com-
pliance must be transmitted to OAL within 120 days or emergency language
will be repealed on 11-21-85.
4. Certificate of Compliance transmitted to OAL 11-21-85 and filed 12-27-85
(Register 85, No. 52).
5. Change without regulatory effect renumbering former section 101 .05 to section
345.05 filed 7-1 9-93 pursuant to title 1 , section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 1 01 .1 0. Authorized Signatures.
NOTE: Authority cited: Sections 1651 and 1 1202(a)(3), Vehicle Code. Reference:
Section 11213, Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 101 .10 to section
345.1 0 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 101.15. Curriculum Content.
NOTE: Authority cited: Sections 1651, 11202(a)(3) and 11219, Vehicle Code.
Reference: Section 1 1202, Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 1 01 . 1 5 to section
345.15 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 1 01 .20. Course Structure.
NOTE: Authority cited: Sections 1651, 11202(a)(3) and 11219, Vehicle Code.
Reference: Section 1 1202, Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 101 .20 to section
345.20 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
Page 7
Register 2004, No. 20; 5-14-2004
§ 101.25
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
§101.25. Instructors.
NOTE: Authority cited: Sections 1651, J 1202(a)(3) and 11219, Vehicle Code.
Reference: Section 11207(c)(2). Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 1 0 1 .25 to section
345.25 filed 7—19—93 pursuant to title 1. section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 1 01 .30. Fingerprinting of Applicants.
NOTE: Authority cited: Sections 1651 and 1 1202(a)(3), Vehicle Code. Reference:
Sections 1 1202(a)(1) and 1 1206(a), Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 101 .30 to section
345.30 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§101.35. Completion Certificates.
NOTE: Authority cited: Sections 1651 and 1 1202(a)(3), Vehicle Code. Reference:
Section 11208(c), Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 1 01 .35 to section
345.35 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 101.40. Lost or Stolen Completion Certificates.
NOTE: Authority cited: Sections 1651 and 11202(a)(3), Vehicle Code. Reference:
Section 1 1208(c), Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 1 01 .40 to section
345.40 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 101.45. Alcoholic Beverage on School Premises.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section
11202(a)(3), Vehicle Code.
History
1. Change without regulatory effect renumbering former section 101.45 to section
345.45 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 1 01 .50. Separate Telephone Numbers.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section
1 1202(a)(3), Vehicle Code.
History
1. Change without regulatory effect renumbering former section 101.50 to section
345.50 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
LAPSES OF CONSCIOUSNESS
§ 1 1 0.01 . Factors Considered in Lapse of Consciousness
Determinations.
The department may suspend or revoke the driving privilege of any in-
dividual that the department determines has a disorder characterized by
lapses of consciousness or episodes of marked confusion, as defined in
Title 17, Division 1 , Chapter 4, Sections 2800 through 2808 of the Cali-
fornia Code of Regulations, which affects the individual's ability to drive
safely and/or to have reasonable control of a motor vehicle. In making
this determination, the department may consider:
(a) The effect(s) of the disorder on the physical and mental abilities
necessary to drive safely and to exercise reasonable control of a motor
vehicle.
(b) The individual's testimony regarding the disorder and his/her abil-
ity to drive safely.
(c) Testimony from other individuals who have knowledge of the indi-
vidual's disorder and his/her ability to drive safely.
(d) Whether the disorder is under control with or without medication.
(e) The individual's reliability regarding compliance with any pre-
scribed medical regimen.
(f) Other medical conditions which may affect the lapse of conscious-
ness disorder.
(g) The individual's driving record.
(h) Any other relevant evidence and/or factors which may affect the
individual's ability to drive safely.
(i) A current medical evaluation of the individual provided by the indi-
vidual's physician, as authorized by the individual, which provides infor-
mation regarding:
( 1 ) The diagnosis of the disorder.
(2) The date of onset of the disorder.
(3) The date of the last episode and the frequency of episodes.
(4) The stability of the condition.
(5) Any manifestations or impairments associated with the condition.
(6) The medical regimen prescribed and patient compliance with the
prescribed regimen.
(5) The physician's prognosis.
NOTE: Authority cited: Section 1651, Vehicle Code; and Section 103900, Health
and Safety Code. Reference: Sections 12805, 12806, 12813, 12814, 13360,
13800(f), 13801, 13802 and 14250, Vehicle Code; and Section 103900, Health
and Safety Code.
History
1 . New section filed 8-9-94; operative 9-8-94 (Register 94, No. 32).
2. Change without regulatory effect amending first paragraph and Note filed
5-13-2004 pursuant to section 100, title 1, California Code of Regulations
(Register 2004, No. 20).
§ 1 1 0.02. Department Actions.
If the department determines that an individual has a disorder charac-
terized by lapses of consciousness or episodes of marked confusion, as
defined in Title 17, Division 1, Chapter 4, Sections 2800 through 2808
of the California Code of Regulations, but also determines upon evalua-
tion of competent medical evidence and all relevant factors that the indi-
vidual is able to drive safely and maintain reasonable control of a motor
vehicle, the department may
(a) Take no action against the individual's driving privilege.
(b) Place the individual on medical probation to monitor the individu-
al's condition to ensure that the individual continues to be capable of
driving safely. An individual placed on medical probation shall be re-
quired to:
(1) Authorize his/her physician to provide the department with medi-
cal evaluations on a regular basis, the frequency of which shall be deter-
mined by the department, or
(2) Report to the department in writing on the status of his/her disorder
and
(3) Comply with any additional restrictions of the individual's privi-
lege which the department deems necessary.
NOTE: Authority cited: Section 1651, Vehicle Code; and Section 103900, Health
and Safety Code. Reference: Sections 12806, 12813, 12814, 13360, 13800(0,
13801 and 14250, Vehicle Code; and Section 103900, Health and Safety Code.
History
1. New section filed 8-9-94; operative 9-8-94 (Register 94, No. 32).
2. Change without regulatory effect amending first paragraph and Note filed
5-13-2004 pursuant to section 100, title 1, California Code of Regulations
(Register 2004, No. 20).
§ 1 1 0.04. Disciplinary Guidelines.
In reaching a decision on an action regarding the driving privilege of
a person under the provisions of the Vehicle Code, the department may
consider the disciplinary guidelines, specified below, which are hereby
incorporated by reference. Deviation from these guidelines, including
the terms of probation, if any, is appropriate when the department, in its
sole discretion, determines that the facts of a particular case warrant such
a deviation; for example, the presence of mitigating or aggravating fac-
tors, the age of the case, and evidentiary problems.
(a) Guidelines for Actions Against the Driving Privilege Based on the
Negligent Operator Treatment System (Rev. 2/2001).
(b) Guidelines for Actions Against the Commercial Driving Privilege
(Rev. 2/99).
(c) Guidelines for Actions Against Driver License Certificates and En-
dorsements (Rev. 2/99).
(d) Guidelines for Actions Against the Driving Privilege Based On
Physical and Mental Conditions (Rev. 2/99)
(e) Guidelines for Actions Against the Driving Privilege Based On Fi-
nancial Responsibility (Rev. 1/03).
Page 8
Register 2004, No. 20; 5-14-2004
Title 13
Department of Motor Vehicles
§ 115.03
•
(f) Guidelines for Actions Against the Driving Privilege Based On
Fraud (Rev. 2/99).
NOTE: Authority cited: Section 1651, Vehicle Code; and Section 1 1400.20, Gov-
ernment Code. Reference: Sections 12508, 12517. 12517.2, 12517.3, 12517.4,
12519, 12520, 12523. 12523.5, 12523.6, 12524, 12527. 12800, 12803, 12804.2,
12804.6, 12804.9, 12804.12, 12804.14, 12805, 12806, 12806.5, 12807. 12808,
12809, 12810, 12810.2, 12810.4, 12810.5, 12812, 12813, 12814, 12814.6, 12818,
12819. 13007.5, 13100, 13101, 13102. 13103, 13207, 13353. 13353.1, 13353.2,
13353.3, 13353.4, 13353.5, 13353.6, 13353.8, 13359. 13360, 13361, 13362,
13363. 13367, 13368, 13369, 13370, 13371, 13372. 13373, 13374, 13375, 13376,
13377. 13378, 13555, 13556, 13557. 13558, 13559, 13800, 13801, 13802, 13950,
13951, 13952, 13953, 13954, 14100, 14100.1, 14101, 14103, 14104, 14104.2,
14105.5, 14104.7, 14105, 14105.5, 14106. 14112, 14250, 14250.5, 14251, 14252,
14253, 15250, 15250.3, 15250.5, 15250.6. 15275, 15278, 16000, 16000.1, 16020,
16020.3, 16021, 16050, 16070, 16075, 16076, 16077, 16371. 16484 and 40807,
Vehicle Code; Section 11425.50(e), Government Code; and Section 103900,
Health and Safety Code.
History
1 . New section filed 6-3-97; operative 6-3-97 (Register 97, No. 23). This interim
regulation is exempt from most of the procedural requirements of the Adminis-
trative Procedure Act and from review by the Office of Administrative Law pur-
suant to Government Code sections 1 1400.20 and 1 1400.21 and will expire on
December 31 , 1998 unless earlier terminated, or replaced by, or readopted as,
permanent regulations.
2. The Department has completed proceedings to replace orreadopt interim regu-
lations and has submitted permanent regulations for review by the Office of Ad-
ministrative Law, but permanent regulations have not been filed with the Secre-
tary of State. Pursuant to Government Code section 1 1400.20(b)(2), the interim
regulations are extended until the date permanent regulations are filed with the
Secretary of State or March 31,1 999, whichever is earlier (Register 98, No. 51 ).
3. Permanent regulations filed 3-31-99; operative 3-31-99 pursuant to Govern-
ment Code section 1 1343.4(d) (Register 99, No. 14).
4. Amendment of subsection (a) filed 7-25-2001 ; operative 8-24-2001 (Register
2001, No. 30).
5. Change without regulatory effect amending subsection (e) to indicate amend-
ment of the document, Guidelines for Actions Against the Driving Privilege
Based On Financial Responsibility (incorporated by reference) filed
2-21-2003 pursuant to section 100, title 1, California Code of Regulations
(Register 2003, No. 8).
§115.01. Applicability.
Sections 1 15.01 through 1 15.10 of this article are applicable to hear-
ings conducted before the department pursuant to Article 3 (commencing
with Section 14100) ofChapter 3 ofDivision 6, and Chapter 1 of Division
7 of the Vehicle Code.
NOTE: Authority cited: Section 1651, Vehicle Code; and Section 11400.20, Gov-
ernment Code. Reference: Sections 12508, 12517, 12517.2, 12517.3, 12517.4,
12519, 12520, 12523, 12523.5, 12523.6, 12524, 12527, 12800, 12803, 12804.2,
12804.6, 12804.9, 12804.12, 12804.14, 12805, 12806, 12806.5, 12807, 12808,
12809, 12810, 12810.2, 12810.4, 12810.5, 12812, 12813, 12814, 12814.6, 12818,
12819, 13007.5, 13100, 13101, 13102, 13103, 13207, 13353, 13353.1, 13353.2,
13353.3, 13353.4, 13353.5, 13353.6, 13353.8, 13359, 13360, 13361, 13362,
13363, 13367, 13368, 13369, 13370, 13371, 13372, 13373, 13374, 13375, 13376,
13377. 13378, 13555, 13556, 13557, 13558, 13559, 13800, 13801, 13802, 13950,
13951, 13952, 13953, 13954, 14100, 14100.1, 14101, 14103, 14104, 14104.2,
14105.5, 14104.7, 14105, 14105.5, 14106, 141 12, 14250, 14250.5, 14251, 14252,
14253, 15250, 15250.3, 15250.5, 15250.6, 15275, 15278. 16000, 16000.1, 16020,
16020.3, 16021, 16050, 16070, 16075, 16076, 16077, 16371, 16484 and 40807,
Vehicle Code; and Section 103900, Health and Safety Code.
History
1 . New section filed 6-3-97; operative 6-3-97 (Register 97, No. 23). This interim
regulation is exempt from most of the procedural requirements of the Adminis-
trative Procedure Act and from review by the Office of Administrative Law pur-
suant to Government Code sections 1 1400.20 and 1 1400.21 and will expire on
December 31, 1998 unless earlier terminated, or replaced by, or readopted as,
permanent regulations.
2. The Department has completed proceedings to replace or readopt interim regu-
lations and has submitted permanent regulations for review by the Office of Ad-
ministrative Law, but permanent regulations have not been filed with the Secre-
tary of State. Pursuant to Government Code section 1 1400.20(b)(2), the interim
regulations are extended until the date permanent regulations are filed with the
Secretary of State or March 31, 1999, whichever is earlier (Register 98, No. 51).
3. Permanent regulations filed 3-31-99; operative 3-31-99 pursuant to Govern-
ment Code section 1 1343.4(d) (Register 99, No. 14).
4. Amendment filed 7-25-2001; operative 8-24-2001 (Register 2001, No. 30).
§ 1 1 5.02. Public Observation.
(a) The hearing officer may:
(1) Exclude persons whose conduct impedes the orderly conduct of the
hearing;
(2) Restrict attendance because of the physical limitations of the hear-
ing facility; or
(3) Take other action to promote due process and the orderly conduct
of the hearing.
(b) The following provisions apply to hearings conducted by tele-
phone:
(1 ) Except as otherwise provided by law, the hearing shall be open to
public observation, provided a written request to observe a hearing is re-
ceived by the department in a timely manner.
(2) In lieu of a written request, a request to observe a hearing may, with
the approval of the department, be made by telephone or in person.
(3) Notwithstanding the timeliness requirement in subdivision (b), the
department may grant a late request to observe a hearing, if it is deter-
mined by the department that the public interest would be served by
granting that request.
NOTE: Authority cited: Section 1651, Vehicle Code; and Section 1 1400.20, Gov-
ernment Code. Reference: Sections 1808, 1808.5. 16070 and 16075, and Article
3 (commencing with Section 141 00) of Chapter 3 of Division 6, Vehicle Code; and
Sections 1 1425.10 and 1 1425.20, Government Code.
History
1 . New section filed 6-3-97; operative 6-3-97 (Register 97, No. 23). This interim
regulation is exempt from most of the procedural requirements of the Adminis-
trative Procedure Act and from review by the Office of Administrative Law pur-
suant to Government Code sections 1 1400.20 and 1 1400.21 and will expire on
December 31,1 998 unless earlier terminated, or replaced by, or readopted as,
permanent regulations.
2. Editorial correction of section number (Register 97, No. 28).
3. The Department has completed proceedings to replace or readopt interim regu-
lations and has submitted permanent regulations for review by the Office of Ad-
ministrative Law, but permanent regulations have not been filed with the Secre-
tary of State. Pursuant to Government Code section 1 1400.20(b)(2), the interim
regulations are extended until the date permanent regulations are filed with the
Secretary of State or March 31,1 999. whichever is earlier (Register 98, No. 5 1 ).
4. Permanent regulations filed 3-31-99; operative 3-31-99 pursuant to Govern-
ment Code section 1 1343.4(d) (Register 99, No. 14).
§ 1 1 5.03. Interpreters and Accommodation.
(a) In addition to the notice required by Government Code section
1 1435.60, the department shall notify each party of the right to an inter-
preter at the time they are notified of their right to a hearing.
(b) In any hearing where a party, a party's representative, or a party's
expected witness requires an interpreter for any language, including sign
language, that party shall be responsible for notifying the department as
soon as the requirement is known.
(c) A request for an interpreter or other accommodation pursuant to
this section does not stay the action by the department for which the no-
tice is given.
(d) In lieu of a written request, a party ' s request for an interpreter may,
with the approval of the department, be made by telephone or in person.
(e) Any interpreter who assists with the testimony or evidence at a
hearing shall first declare, by oath or affirmation, that he or she will per-
form his or her duties truthfully. A suggested model form for the oath or
affirmation of an interpreter, based on the language of Evidence Code
751, is as follows:
"Do you swear or affirm that you will make a true interpretation of the
questions asked and the answers given and that you will make a true
translation of any documents which require translation, into the En-
glish language, to the best of your skill and judgment?"
(f)(1) In any hearing where a party, a party's representative, or a
party's expected witness has a disability requiring accommodation at the
hearing, that party shall be responsible for notifying the department as
soon as the requirement is known, in order to provide reasonable accom-
modation.
(2) In any hearing where a party, a party's representative, or a party's
expected witness is hearing impaired and requires electronic amplifica-
tion equipment, that party shall be responsible for notifying the depart-
ment as soon as the requirement is known.
NOTE: Authority cited: Section 1651 , Vehicle Code; and Section 1 1400.20, Gov-
ernment Code. Reference: Sections 14100(d), 16070 and 16075, Vehicle Code;
and Sections 1 1435.15, 1 1435.20 and 1 1435.60, Government Code.
History
1 . New section filed 6-3-97; operative 6-3-97 (Regisier97, No. 23). This interim
regulation is exempt from most of the procedural requirements of the Adminis-
trative Procedure Act and from review by the Office of Administrative Law pur-
suant to Government Code sections 11400.20 and 11400.21 and will expire on
Page 8.1
Register 2004, No. 20; 5-14-2004
§ 115.04
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
December 31, 1998 unless earlier terminated, or replaced by, or readopted as,
permanent regulations.
2. Editorial correction of section number (Register 97, No. 28).
3. The Department has completed proceedings to replace or readopt interim regu-
lations and has submitted permanent regulations for review by the Office of Ad-
ministrative Law, but permanent regulations have not been filed with the Secre-
tary of State. Pursuant to Government Code section 1 1400.20(b)(2), the interim
regulations are extended until the date permanent regulations are filed with the
Secretary of State or March 31.1 999, whichever is earlier (Register 98, No. 5 1 ).
4. Permanent regulations filed 3-31-99; operative 3-31-99 pursuant to Govern-
ment Code section 1 1343.4(d) (Register 99, No. 14).
§ 115.04. Hearing Requests.
Notwithstanding the requirement of a written request for hearing un-
der subdivision (a) of Section 1 1506 of Part J of Division 3 of Title 2 of
the Government Code, a respondent may, with the approval of the depart-
ment, request a hearing by telephone or in person.
NOTE. Authority cited: Section 1 65 1 , Vehicle Code; and Section 1 1 400.20, Gov-
ernment Code. Reference: Sections 16070 and 16075, and Article 3 (commencing
with Section 14100) of Chapter 3 of Division 6, Vehicle Code; and Sections 11505
and 1 1506, Government Code.
History
1 . New section filed 6-3-97; operative 6-3-97 (Register 97, No. 23). This interim
regulation is exempt from most of the procedural requirements of the Adminis-
trative Procedure Act and from review by the Office of Administrative Law pur-
suant to Government Code sections 1 1400.20 and 1 1400.21 and will expire on
December 31 , 1998 unless earlier terminated, or replaced by, or readopted as,
permanent regulations.
2. The Department has completed proceedings to replace or readopt interim regu-
lations and has submitted permanent regulations for review by the Office of Ad-
ministrative Law, but permanent regulations have not been filed with the Secre-
tary of State. Pursuant to Government Code section 1 1 400.20(b)(2), the interim
regulations are extended until the date permanent regulations are filed with the
Secretary of State or March 31,1 999, whichever is earlier (Register.98, No. 5 1 ).
3. Permanent regulations filed 3-31-99; operative 3-31-99 pursuant to Govern-
ment Code section 1 1343.4(d) (Register 99, No. 14).
§115.05. Discovery Requests.
Notwithstanding the provisions of Section 11 507.6 of the Government
Code and, in order to conform to the time constraints for hearings under
Chapters 2 and 3 of Division 6 of the Vehicle Code:
(a) A party's request for discovery may, with the approval of the de-
partment, be made by telephone or in person.
(b) A request for discovery must be made at least 10 days prior to the
date set for commencement of the hearing to receive discovery prior to
the hearing.
(c) A request for discovery may be grounds for a continuance; howev-
er, it shall not stay the action by the department.
NOTE: Authority cited: Section 1651 , Vehicle Code; and Section 1 1400.20, Gov-
ernment Code. Reference: Sections 16070 and 16075, and Articles 1-4 (com-
mencing with Section 13800) of Chapter 3 of Division 6, Vehicle Code; and Sec-
tions 1 1507.6 and 1 1507.7, Government Code.
History
1 . New section filed 6-3-97; operative 6-3-97 (Register 97, No. 23). This interim
regulation is exempt from most of the procedural requirements of the Adminis-
trative Procedure Act and from review by the Office of Administrative Law pur-
suant to Government Code sections 11400.20 and 11400.21 and will expire on
December 31, 1998 unless earlier terminated, or replaced by, or readopted as,
permanent regulations.
2. The Department has completed proceedings to replace or readopt interim regu-
lations and has submitted permanent regulations for review by the Office of Ad-
ministrative Law, but permanent regulations have not been filed with the Secre-
tary of State. Pursuant to Government Code section 1 1400.20(b)(2), the interim
regulations are extended until the date permanent regulations are filed with the
Secretary of State or March 3 1 , 1 999, w hiche ver is earlier (Register 98, No . 5 1 ) .
3. Permanent regulations filed 3-31-99; operative 3-31-99 pursuant to Govern-
ment Code section 11343.4(d) (Register 99, No. 14).
§ 1 1 5.06. Change of Venue.
(a) A hearing will be scheduled by the department at an office of the
department, or another location designated by the department, except as
otherwise provided by the Vehicle Code.
(b) The parties, by agreement, may select any other place within the
state for the hearing.
(c) A motion for a change in the place of the hearing may be made ei-
ther orally or in writing.
(d) A motion shall be made within 10 days of the service of the notice
of action.
(e) A motion for a change in the pJace of the hearing shall not stay the
action by the department.
NOTE: Authority cited: Section 1651 , Vehicle Code; and Section 1 1400.20, Gov-
ernment Code. Reference: Sections 13558(b), 14104 and 16075(e), Vehicle Code;
and Section 1 1 508, Government Code.
History
1 . New section filed 6-3-97: operative 6-3-97 (Register 97, No. 23). This interim
regulation is exempt from most of the procedural requirements of the Adminis-
trative Procedure Act and from review by the Office of Administrative Law pur-
suant to Government Code sections 11 400.20 and 1 1400.21 and will expire on
December 31 . 1998 unless earlier terminated, or replaced by, or readopted as,
permanent regulations.
2. The Department has completed proceedings to replace or readopt interim regu-
lations and has submitted permanent regulations for review by the Office of Ad-
ministrative Law, but permanent regulations have not been filed with the Secre-
tary of State. Pursuant to Government Code section 1 1400.20(b)(2), the interim
regulations are extended until the date permanent regulations arefiled with the
Secretary of State or March 31,1 999, whichever is earlier (Register 98, No. 5 1 ).
3. Permanent regulations filed 3-31-99; operative 3-31-99 pursuant to Govern-
ment Code section 1 1343.4(d) (Register 99, No. 14).
§115.07. Telephone Hearings.
(a) Any hearing conducted all or in part by telephone, television, or
other electronic means must be sufficiently audible that it can be clearly
recorded and made part of the official record of the hearing. The hearing
officer will grant a continuance of the hearing if at any time the audibility
is such that it cannot be clearly recorded.
(b) The hearing officer shall not conduct all or part of a hearing by tele-
phone, television, or other electronic means, if a party objects.
(c) Any objection to conducting all or part of a hearing by telephone,
television, or other electronic means must be made at the time the hearing
is requested or scheduled.
(d) Notwithstanding the requirement of subdivision (c), the depart-
ment may allow a late objection to conducting all or part of a hearing by
telephone, television, or other electronic means for good cause.
NOTE: Authority cited: Section 1651, Vehicle Code; and Section 1 1400.20, Gov-
ernment Code. Reference: Sections 13558, 16070 and 1 6075, and Article 3 (com-
mencing with Section 14100) of Chapter 3 of Division 6, Vehicle Code; and Sec-
tion 1 1440.30, Government Code.
History
1 . New section filed 6-3-97; operative 6-3-97 (Register 97, No. 23). This interim
regulation is exempt from most of the procedural requirements of the Adminis-
trative Procedure Act and from review by the Office of Administrative Law pur-
suant to Government Code sections 11400.20 and 1 1400.21 and will expire on
December 31, 1998 unless earlier terminated, or replaced by, or readopted as,
permanent regulations.
2. The Department has completed proceedings to replace or readopt interim regu-
lations and has submitted permanent regulations for review by the Office of Ad-
ministrative Law, but permanent regulations have not been filed with the Secre-
tary of State. Pursuant to Government Code section 1 1400.20(b)(2), the interim
regulations are extended until the date permanent regulations are filed with the
Secretary of State or March 31,1 999, whichever is earlier (Register 98, No. 51).
3. Permanent regulations filed 3-31-99; operative 3-31-99 pursuant to Govern-
ment Code section 11343.4(d) (Register 99, No. 14).
4. New subsection (a), subsection relettering and amendment of Note filed
4-17-2003; operative 5-17-2003 (Register 2003, No. 16).
§115.08. Motions.
(a) Unless a motion, including a motion pursuant to Section 1 1450.30
of the Government Code, for a protective order or a motion to quash relat-
ing to a subpoena, is made during a hearing while on record, it shall be
in writing, and shall be made with written notice to all parties, with proof
of service upon all parties attached.
(b) Except as provided in subdivision (d), a motion to continue a case
shall be made pursuant to Section 11524 of the Government Code.
(c) Any motion shall state in plain language the relief sought and the
facts and circumstances the moving party contends support the motion,
and shall be supported by legal authority.
(d) A motion shall be made and filed at least 5 business days before the
date set for the commencement of the hearing.
(e) A motion filed pursuant to this section may be decided by the de-
partment without oral argument. Any party may request an opportunity
for oral argument at the time of the filing of the motion or response. Oral
argument shall be recorded and, with the approval of the hearing officer,
may be made by telephone or in person.
Page 8.2
Register 2004, No. 20; 5-14-2004
Title 13
Department of Motor Vehicles
§ 118.00
(f) An order deciding any motion made pursuant to this section may
be made by the hearing officer either orally on the record or in writing.
NOTE: Authority cited: Section 1651, Vehicle Code; and Section 1 1400.20, Gov-
ernment Code. Reference: Sections 16070 and 16075, and Article 3 (commencing
with Section 14100) of Chapter 3 of Division 6. Vehicle Code; and Sections
11450.05, 11450.30, 11455.30, 11507.3, 11507.7. 11508(c). 11511 and 11524,
Government Code.
History
1 . New section filed 6-3-97; operative 6-3-97 (Register 97, No. 23). This interim
regulation is exempt from most of the procedural requirements of the Adminis-
trative Procedure Act and from review by the Office of Administrative Law pur-
suant to Government Code sections 1 1400.20 and 1 1400.21 and will expire on
December 31, 1998 unless earlier terminated, or replaced by, or readopted as,
permanent regulations.
2. The Department has completed proceedings to replace or readopt interim regu-
lations and has submitted permanent regulations for review by the Office of Ad-
ministrative Law, but permanent regulations have not been filed with the Secre-
tary of State. Pursuant to Government Code section 1 1400.20(b)(2), the interim
regulations are extended until the date permanent regulations are filed with the
Secretary of State or March 31,1 999, whichever is earlier (Register 98, No. 5 1 ).
3. Permanent regulations filed 3-31-99; operative 3-31-99 pursuant to Govern-
ment Code section 1 1343.4(d) (Register 99, No. 14).
§ 115.09. Hearing Officer Disqualification.
(a) A hearing officer shall voluntarily disqualify himself or herself and
withdraw from any case in which there are clear grounds for disqualifica-
tion, including disqualification for bias, prejudice, or interest in the pro-
ceeding by the assigned hearing officer.
(b) It is not alone or in itself grounds for disqualification, without fur-
ther evidence of bias, prejudice, or interest, that the hearing officer:
(1 ) Is or is not a member of a racial, ethnic, religious, sexual, or similar
group and the proceeding involves the rights of that group.
(2) Has experience, technical competence, or specialized knowledge
of, or has in any capacity expressed a view on, a legal, factual, or policy
issue presented in the proceeding.
(3) Has, as a lawyer or public official, participated in the drafting of
laws or regulations or in the effort to pass or defeat laws or regulations,
the meaning, effect, or application of which is in issue in the proceeding.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 14104,
14104.2 and 14112, Vehicle Code.
History
1 . New section filed 8-3-2000; operative 9-2-2000 (Register 2000, No. 31). For
prior history see Register 99, No. 14.
§ 1 1 5.1 0. Request for the Disqualification of a Hearing
Officer.
(a) Any party may request the disqualification of any hearing officer
by filing an affidavit, stating with particularity the grounds upon which
it is claimed that the hearing officer is disqualified. The only grounds
which will be considered in support of a disqualification request are those
which clearly demonstrate the hearing officer's bias, prejudice, or inter-
est in the proceeding.
(b) If notification of the hearing officer assignment has been made to
the party ten days prior to the commencement of the scheduled hearing,
the affidavit requesting the disqualification must be submitted to the
driver safety office where the hearing is scheduled to be conducted at
least four business days prior to the scheduled hearing. A written deter-
mination will be made on the hearing officer disqualification request,
prior to the commencement of the notice hearing, by a person designated
by the department. The written determination will be delivered to the re-
questing party at the noticed hearing prior to the taking of any evidence
at the noticed hearing and shall be noted on the record.
(c) If notification of the hearing officer assignment has not been made
to the party at least ten days prior to the commencement of the scheduled
hearing, the request for disqualification must be made on the record,
while the requesting party is under oath, and prior to the taking of any evi-
dence at the noticed hearing. An oral determination on the request for a
hearing officer disqualification shall be made on the record prior to the
taking of any evidence by the person designated by the department.
(d) The person designated by the department to make the determina-
tion in response to a request for a hearing officer disqualification, shall
not be the hearing officer who is the subject of the disqualification re-
quest.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 14104,
14104.2 and 141 12, Vehicle Code.
History
1. New section filed 8-3-2000; operative 9-2-2000 (Register 2000, No. 31).
§ 1 18.00. Restricted Driver License Based Upon a Critical
Need to Drive — Persons Under 21 .
(a) The Department may issue a restricted driver license based upon
a critical need to drive if the person's driver license was suspended or the
issuance of a license delayed pursuant to Vehicle Code Sections 23 J 36,
13388 and 13353.2. The applicant shall meet all other requirements for
issuance of a driver license and have no history of disqualifying viola-
tions as described in Vehicle Code Section 13353.8.
(b) A request for a critical need restriction shall be made by submitting
to the department an Application for Critical Need Restriction, form DS
694 (REV 10/2006) WWW or form DS 2694 (REV 10/2006), which is
hereby incorporated by reference. The applicant shall complete the State-
ment of Facts by Applicant and supply required additional information
and supporting evidence regarding circumstances under which a critical
need is being requested. It is the applicant's responsibility to provide full
and complete answers and to prove facts supporting the claim of a critical
need to drive. The applicant shall attach any information regarding alter-
native transportation that can meet that need.
(c) A person is eligible for a restricted driver license when, in the opin-
ion of the department, sufficient proof of one or more of the following
circumstances exists:
(1) School or other transportation is not adequate for regular atten-
dance at school and at activities authorized by the school. The applicant
shall complete the Statement of Facts by Applicant and provide required
additional information relating to transportation to and from school. The
Statement of Facts by School Principal shall be completed on the applica-
tion and the certification signed under the penalty of perjury under the
laws of the State of California. If the school does not have a principal,
then a department head, headmaster, administrator or other person whose
title indicates a position of responsibility for the supervision and/or ad-
ministration of the school shall complete the form. The application shall
be accompanied by proof of current enrollment in the school.
(2) Transportation facilities are inadequate and the operation of a ve-
hicle by an applicant is necessary due to the illness of a family member.
The applicant shall complete the Statement of Facts by Applicant and
provide required additional information relating to any family illness.
The Statement of Facts by Physician shall be completed on the applica-
tion and the certification signed under the penalty of perjury under the
laws of the State of California. A separate Statement of Facts by Appli-
cant shall be completed for each family member whose disability or ill-
ness affects transportation needs.
(3) Transportation facilities are inadequate and the operation of a ve-
hicle by an applicant is necessary due to employment of the applicant and
the applicant's income is essential to the support of the family. The appli-
cant shall complete the Statement of Facts by Applicant and provide re-
quired additional information relating to transportation to and from
work. The Statement of Facts by Employer shall be completed on the ap-
plication and the certification signed under the penalty of perjury under
the laws of the State of California.
(4) Operation of a vehicle by the applicant is essential to a family enter-
prise from which a substantial amount of the family's income will be
derived and without which income the family will be unable to obtain es-
sentia] goods and services critical to their survival or welfare. The appli-
cant shall complete the Statement of Facts by Applicant and provide
additional information relating to any family enterprise. The Statement
of Facts by Employer shall be completed and the certification signed un-
der the penalty of perjury under the laws of the State of California.
(d) If public transportation is available within one mile of the appli-
cant's home, but conditions exist which make walking to that transporta-
tion unsafe, the applicant shall provide evidence to show the path is un-
safe.
Page 8.2(a)
Register 2008, No. 18; 5-2-2008
§ 120.00
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(e) If public transportation exists, but service between the applicant's
home and medical office, school, place of employment, or family busi-
ness enterprise is scheduled in a way that would prohibit the applicant
from reaching the destination in the time needed and return home on the
same day, the applicant shall attach the schedules of all scheduled public
transportation, as well as connecting points, and explain how the trans-
portation service will not meet his or her needs.
(f) Any application of an applicant under the age of 1 8 who is request-
ing a critical need restriction shall include the signature of both parents
on the application.
( 1 ) If a parent has sole custody, that parent shall indicate so by writing
''1 have sole custody" in the signature space provide for the second par-
ent.
(2) If the applicant is in the custody of a legal guardian, the guardian
shall strike through the words "Father" and "Mother" in the signature
spaces and sign the application in one space and, in the other space, write
"I am the legal guardian of the applicant." A guardian that has physical
custody but has not yet been granted legal custody shall indicate so by
writing "I have actual physical custody."
(3) An applicant who was an emancipated minor at the time of licen-
sure shall indicate this status by writing "Statement of Emancipation on
file" in the space provided for a parent signature. An applicant who is
emancipated but has never applied for a driver license and does not have
a Statement of Emancipation on file with the department, shall indicate
this status by writing, "I am an emancipated minor and can file proof of
my financial responsibility" in the space provided for a parent signature.
(4) An applicant who does not fall into any of the categories described
in (f)(1) through (f)(3) above may meet the authorization and certifica-
tion requirements of the application process by complying with provi-
sions of Chapter 2 of Division 9 of the Vehicle Code, beginning at Sec-
tion 17700 "Civil Liability of Persons Signing License Applications."
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 1652,
1653, 13353.2, 13353.8, 13388, 17700 and 23136, Vehicle Code.
History
1 . New section filed 10-30-2006; operative 1 1-29-2006 (Register 2006, No. 44).
Article 2.5. Driving Under the Influence
Program
§ 120.00. Purchase and Use of Notice of Completion
Certificates.
(a) A Driving Under the Influence (DUI) Program provider shall use
Notice of Completion Certificates, DL 101 (REV 1/2007), purchased
from the department only for submission to the department for partici-
pants who have satisfactorily completed the course of instruction offered
by the provider. Except as required by subdivision (g), a DUI Program
provider shall not issue, sell, loan, or transfer the certificates to the pro-
gram participant, any other DUI Program provider, person, or entity.
(b) The department shall charge a fee of $3.00 per Notice of Comple-
tion Certificate.
(c) A DUI Program provider may purchase Notice of Completion Cer-
tificates in books of fifty (50) from the department's headquarters office.
Requests to purchase completion certificates shall be mailed to:
DEPARTMENT OF MOTOR VEHICLES
FORMS AND ACCOUNTABLE ITEMS SECTION - MS G202
PO BOX 932382
SACRAMENTO, CALIFORNIA. 94232-3820.
(1) The request to purchase completion certificates shall be on a Re-
quest for DUI Program Forms, DL 101R (Rev. 04/2004), which shall be
completed in full and shall contain the printed name and original signa-
ture of the program director or any employee authorized by the program
director to order completion certificates. The Request for DUI Program
Forms, DL 101 R (Rev. 04/2004), is herein incorporated by reference.
(A) A DUI Program Director may authorize only one employee per li-
censed location to purchase or order DUI certificates and only two em-
ployees per licensed location to sign completed certificates by submitting
a DUI Program Signatory Authority, DL 101S (Rev. 04/2004), which
shall be completed in full and include the printed name and title of the
employee, the effective date of the authorization, the employee's signa-
ture, and the DUI Program Director's printed name and signature. The
DUI Program Signatory Authority, DL 101S (Rev. 04/2004), is herein in-
corporated by reference.
(B) A DUI Program Director may delete the authorization of an em-
ployee to purchase or order DUI certificates or to sign completed certifi-
cates by submitting, a DL 101 S (Rev. 04/2004), which shall be com-
pleted in full and include the name of the deleted employee, the effective
date of the deletion, and the printed name and signature of the DUI Pro-
gram Director.
(C) The DL J01S must be submitted at least five (5) days prior to the
effective date of the employee authorization or deletion.
(2) The department shall mail the completion certificates only to the
address of record for the DUI Program provider.
(A) Each DUI Program provider shall have only one address of record
for each licensed location at a time, which shall be consistent with the
mailing or site address given to the Department of Alcohol and Drug Pro-
grams and printed in the Directory of DUI Program Service Providers.
(B) Any changes to the DUI Program provider's address of record that
occur between Directory update publications must be made, in writing,
on the letterhead stationery of the DUI provider, signed by the DUI Pro-
gram Director, and mailed to the Department of Alcohol and Drug Pro-
grams prior to requesting completion certificates at the new address.
(d) The DUI Program provider shall maintain the pink copy of the No-
tice of Receipt of DUI Program Certificates, ADM 518A(New 5/2002)
issued by the department with each shipment of DUI certificates as proof
of receipt of completion certificates as a business record for four years
from the date the ADM 51 8A is issued. The Notice of Receipt of DUI
Program Certificates, ADM 518A (New 5/2002) is herein incorporated
by reference.
(1) The DUI program provider shall sign and mail back the white copy
of the ADM 5 1 8 A to the Department of Motor Vehicles' Forms and Ac-
countable Items Section as evidence of receipt of the completion certifi-
cates.
(A) Until the department receives the white copy of the ADM 518A,
the department will not authorize the acceptance of the completion certif-
icates issued under that individual ADM 518A.
(B) If the department does not receive the copy of the signed ADM
518A from the DUI Program provider within eight weeks of the shipping
date, the department may cancel the completion certificates shipped un-
der the ADM 518A, and those completion certificates will not be ac-
cepted by the department.
(2) If the department cancels completion certificates pursuant to this
section, no refund of the fees for the canceled certificates will be autho-
rized.
(e) The department shall cancel any completion certificates for which
the department received payment by check that is dishonored when pres-
ented for payment. The DUI Program provider shall surrender the can-
celed completion certificates to the department upon notification and de-
mand for surrender.
(f) The department shall replace in full books of fifty (50), without a
charge, those completion certificates which are damaged during the man-
ufacturing and/or shipping process, or any completion certificates
shipped, but not received as a full book of fifty (50).
( 1 ) If the DUI program provider chooses to request replacement of the
completion certificates, the provider shall submit a DL 101R (Rev.
04/2004), and shall complete it in full to include: a list of the numbers for
the completion certificates for which replacement is requested, the rea-
son for the replacement request, and a statement, signed under penalty of
perjury under the laws of the State of California by the DUI program di-
rector or the authorized employee, that the information contained in the
replacement request is true and correct.
(2) The DUI program provider shall retain the original certificate and
all copies of the damaged completion certificates or those received indi-
vidually as incomplete books in numerical sequence in the original book
Page 8.2(b)
Register 2008, No. 18; 5-2-2008
Title 13
Department of Motor Vehicles
§ 120.01
•
•
until they are destroyed pursuant to Section 9867 Subdivision (0 of Title
9, California Code of Regulations.
(g) When proof of completion of a DUI Program is required by the Ve-
hicle Code, and the program participant completes all program require-
ments, the DUI Program provider shall complete the DMV copy of the
DL 101 and submit it directly to the department. The program provider
shall also submit the court copy of the DL 101 to court, and give the par-
ticipant the participant copy. The department will only accept the com-
pleted original DMV copy from the program provider as acceptable
proof of program completion.
(1) DUI Program providers may submit completed certificates by ex-
press mail to:
DEPARTMENT OF MOTOR VEHICLES
MANDATORY ACTIONS UNIT
2570 24TH STREET -MS J 233
SACRAMENTO. CA 95818.
(2) DUI Program providers may submit completed certificates by reg-
ular mail to:
DEPARTMENT OF MOTOR VEHICLES
MANDATORY ACTIONS UNIT
P.O. BOX 942890
SACRAMENTO. CA 94290-0001.
(3) DUI Program providers who have been authorized by the depart-
ment to submit completion certificates via electronic medium may sub-
mit completion certificates electronically to the department as autho-
rized.
(h) The Vehicle Code requirements for a person to give, provide, or
submit proof of completion of a DUI Program satisfactory to the depart-
ment, shall be satisfied by a program participant when he or she com-
pletes all program requirements and signs the Notice of Completion Cer-
tificate (DL 101) or the Participant's Certification of DUI Program
Enrollment or Completion, DL 804 (REV 1/2003) WWW, and the com-
pleted DL 101 is received by the department.
(1) The DL 804 (REV 1/2003) WWW, shall be used only when the par-
ticipant is unavoidably absent and therefore unavailable to sign the
Completion Certificate (DL 101) at the time it is issued by the program
provider as evidence of the participant's program completion. The Par-
ticipant's Certification of DUI Program Enrollment or Completion, DL
804 (REV 1/2003) WWW, is herein incorporated by reference.
(2) The DL 804 shall be retained by the DUI Program provider for the
period required by Section 9866 of Title 9, California Code of Regula-
tions, and shall be made available to the department immediately upon
request.
(3) If an electronic completion certificate is submitted from a DUI Pro-
gram provider that the department has authorized to submit completion
certificates electronically, the participant's original signature which at-
tests under penalty of perjury that he or she has completed all required
DUI Program components will be captured on a DL 804 and retained by
the DUI Program provider for the period required by Section 9866 of
Title 9, California Code of Regulations. This document shall be made
available to the department immediately upon request.
(i) The department will only accept completion certificates that con-
tain all the information requested on the completion certificates. Incom-
plete or illegible certificates received by the department will be retained
by the department and a DUI Program provider who submits an incom-
plete or illegible certificate will be required to submit a fully completed
and legible certificate in place of the incomplete or illegible certificate.
(j) The department will only accept from a DUI Program provider
those completion certificates that the department has assigned and
shipped to that DUI Program provider, or electronic completion certifi-
cates from those program providers that the department has authorized
to submit completion certificates electronically.
(k) The department will not accept completion certificates that are sub-
mitted more than four years from the date they were issued by the pro-
gram provider.
NOTE: Authority cited: Sections 1651 and 13353.45, Vehicle Code. Reference:
Sections 1801, 1801.1, 13352, 13352.1, 13352.4, 13352.5, 13353.4and 13353.45,
Vehicle Code
History
1. New article 2.5 and section filed 7-10-95: operative 8-9-95 (Register 95, No.
28).
2. Amendment of section and Note filed 12-2-2004; operative 1-1-2005 (Regis-
ter 2004, No. 49).
3. Amendment of subsection (a) and Note filed 4-28-2008; operative 5-28-2008
(Register 2008, No. 18).
§ 1 20.01 . Acquisition and Use of Proof of Enrollment
Certificates.
(a) A Driving Under the Influence (DUI) Program provider shall use
a Proof of Enrollment Certificate, DL 107 (Rev. 7/2006). obtained from
the department only for submission to the department, for participants
who are enrolled in a course of instruction offered by the DUI Program
provider. Except as required by subdivision (d), a Program provider shall
not issue, sell, loan, or transfer the enrollment certificates to any other
DUI Program provider, program participant, person, or entity. The Proof
of Enrollment Certificate, DL 107 (Rev. 7/2006), is herein incorporated
by reference.
(b) A DUI Program provider may obtain enrollment certificates in
packages of fifty (50) from the department's headquarters office. Re-
quests for enrollment certificates shall be mailed to:
DEPARTMENT OF MOTOR VEHICLES
FORMS AND ACCOUNTABLE ITEMS SECTION, M/S G202
P. O. BOX 932382
SACRAMENTO. CA 94232-3820.
(1 ) The request to obtain enrollment certificates shall be made on a Re-
quest for DUI Program Forms, DL 10 1R (Rev. 04/2004), which shall be
completed in full and shall include the name, license number, and address
of the DUI Program, the printed name and original signature of the pro-
gram director or any employee authorized by the DUI Program Director,
and the quantity of enrollment certificates requested.
(2) The department shall mail the enrollment certificates only to the
address of record for the DUI Program provider.
(c) The DUI Program provider shall maintain the pink copy of the No-
tice of Receipt of DUI Program Certificates, ADM 518A (New 5/2002),
as proof of receipt of enrollment certificates as a business record for four
years from the date the ADM 518A is issued.
(1 ) The DUI Program provider shall sign and mail back the white copy
of the ADM 518A to the Department of Motor Vehicles' Forms and Ac-
countable Items Section as evidence of receipt of the enrollment certifi-
cates.
(A) Until the department receives the white copy of the ADM 5I8A,
the department will not authorize the acceptance of the enrollment certif-
icates issued under that individual ADM 518A.
(B) If the department does not receive the copy of the signed ADM
5 1 8A from the DUI Program provider within eight weeks of the shipping
date, the department may cancel the enrollment certificates shipped un-
der that individual ADM 518A and those enrollment certificates will not
be accepted by the department.
(d) When evidence of enrollment in a DUI Program is required by the
Vehicle Code, and the program participant enrolls in a program, the DUI
Program provider shall complete the DMV copy of the DL 107 and sub-
mit it directly to the department. The program provider shall also submit
the court copy of the DL 107 to the court and give the participant the par-
ticipant copy. The department will only accept the completed original
DMV copy from the program providers as acceptable proof of program
enrollment.
(1) DUI Program providers may submit completed enrollment certifi-
cates by express mail to:
DEPARTMENT OF MOTOR VEHICLES
MANDATORY ACTIONS UNIT
2570 24TH STREET -MS J 233
SACRAMENTO, CA 95818.
(2) DUI Program providers may submit completed enrollment certifi-
cates by regular mail to:
DEPARTMENT OF MOTOR VEHICLES
MANDATORY ACTIONS UNIT
P.O. BOX 942890
SACRAMENTO, CA 94290-0001.
Page 8.2(b)(1)
Register 2008, No. 18; 5-2-2008
§ 120.02
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(3) DUI Program providers who have been authorized by the depart-
ment to submit enrollment certificates via electronic medium may submit
enrollment certificates electronically to Department of Motor Vehicles
as authorized.
(e) If an electronic enrollment certificate is submitted from a DUI Pro-
gram that the department has authorized to submit enrollment certificates
electronically, the participant's original signature will be captured on a
Participant's Certification of DUI Program Enrollment or Completion,
DL 804 (REV 1 /2003) WWW and retained by the DUI Program provider
for the period required by Section 9866 of Title 9 of the California Code
of Regulations. This document shall be made available to the department
immediately upon request.
(f) The department will only accept enrollment certificates which con-
tain all the information requested on the enrollment certificate. All in-
complete certificates received by the department will be retained by the
department and the DUI Program provider who submitted the incomplete
certificates will be required to submit fully completed certificates in
place of the incomplete certificates.
(g) The department will only accept from a DUI Program provider
those enrollment certificates that the department has assigned and
shipped to that DUI Program provider, or electronic enrollment certifi-
cates from those DUI Program providers that the department has autho-
rized to submit enrollment certificates electronically.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 1801,
1801.1, 13352(a)(3), 13352.5(a)(1), 13353.7 and 23152, Vehicle Code.
History
1. New section filed 12-2-2004; operative 1-1-2005 (Register 2004, No. 49).
2. Amendment of subsection (a) filed 4-28-2008; operative 5-28-2008 (Register
2008, No. 18).
§ 120.02. Lost or Stolen Notice of Completion Certificates
or Proof of Enrollment Certificates.
The Driving Under the Influence (DUI) Program director shall report
in writing to the department's Forms and Accountable Items Section any
lost or stolen Notice of Completion Certificates, DL 101 (Rev 1/2007),
or Proof of Enrollment Certificates, DL 107 (Rev 7/2006), not later than
close of the business day following discovery of the loss or theft. The
DUI Program Director shall report any lost or stolen completion or en-
rollment certificates to local police authorities and shall, in addition to re-
taining a copy in the DUI Program provider's business records, forward
to the department's Forms and Accountable Items Section a copy of the
police report within thirty (30) days of the discovery of the loss or theft.
NOTE: Authority cited: Sections 1651 and 13353.45, Vehicle Code. Reference:
Sections 13352, 13352.1, 13352.5, 13353.7 and 13353.45, Vehicle Code.
History
1. New section filed 7-10-95; operative 8-9-95 (Register 95, No. 28).
2. Amendment of section heading, section and Note filed 12-2-2004: operative
1-1-2005 (Register 2004, No. 49).
3. Amendment of section and Note filed 4-28-2008; operative 5-28-2008 (Reg-
ister 2008, No. 18).
§120.04. Certificates Required for First Conviction of
Driving Under the Influence. [Repealed]
NOTE: Authority cited: Sections 1651 and 13353.45, Vehicle Code. Reference:
Section 13352.4, Vehicle Code.
History
1. New section filed 10-26-95; operative 1 1-25-95 (Register 95, No. 43).
2. Amendment of section and Note filed 12-2-2004; operative 1-1-2005 (Regis-
ter 2004, No. 49).
3. Repealer filed 4-28-2008; operative 5-28-2008 (Register 2008, No. 18).
§ 124.90. Alcohol Programs Pursuant to Section 23190(e)
of the Vehicle Code.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 23190,
Vehicle Code.
History
1. New section filed 10-18-94; operative 11-17-94 (Register 94, No. 42).
2. Repealer filed 6-16-97; operative 7-16-97 (Register 97, No. 25).
§ 124.92. Termination of Suspension or Revocation.
(a) A person applying for termination of a suspension or revocation
pursuant to Section 13353.5 of the Vehicle Code shall complete an Ap-
plication for Termination of Action Section 13353.5 California Vehicle
Code, DL 4006 (Rev. 1 1/2003). The DL 4006 shall be completed to in-
clude:
(1) The full name and birthdate of the individual.
(2) The California driver license number or file number assigned by
the department in the absence of a California driver license number.
(3) The current home and day telephone numbers, if available.
(4) The current residence and mailing address.
(5) A statement authorizing the department to cancel any California
Driver License issued to the applicant if the applicant's suspension or re-
vocation is terminated as requested.
(6) A statement, signed and dated under penalty of perjury under the
laws of California, that the individual is a resident of a state other than
California, has read and understood Section 12505 of the Vehicle Code,
regarding residency requirements and Section 13353.5 of the Vehicle
Code, regarding termination of suspension or revocation for nonresi-
dents; and that the information provided on the application is true and
correct.
(b) All applications submitted pursuant to subdivision (a) shall include
documented proof of out-of-state residency. Proof of out-of-state resi-
dency shall include one or more of the following documents in the name
and current residence address of the applicant:
(1) Receipts for payment of resident tuition at a public institution of
higher education or school records.
(2) Utility bills issued by a utility company.
(3) Documents issued by a licensing authority indicating a current ap-
plication for a driver license in the state of residence.
(4) Tax records issued by a State or Federal agency.
(5) Home rental or leasing contracts, filing of homeowner's property
tax exemption or homestead exemption certificate.
(6) Official voter registration documents.
(7) Official document issued by a governmental agency that can be
used by the department to prove residency.
(c) Applicants who have received a prior termination of a suspension
or revocation pursuant to Section 1 3353.5 of the Vehicle Code are not eli-
gible to receive a subsequent termination of a suspension or revocation
action pursuant to Vehicle Code Section 13353.5.
(d) Upon receipt of the completed DL 4006 and supporting docu-
ments, if the department determines that the driver meets the require-
ments of Section 13353.5 of the Vehicle Code, the suspension or revoca-
tion pursuant to Section 13352 or 13352.4 of the Vehicle Code may be
terminated. Any other action against the driving privilege of the driver
shall remain in full force until the driver meets the requirements for end-
ing that action.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 516,
12505, 13352, 13352.4, 13353.4, 13353.5 and 15024, Vehicle Code.
History
1. New section filed 7-1 1-95; operative 8-10-95 (Register 95, No. 28).
2. Amendment of section and Note filed 2-2-2005; operative 3-4-2005 (Register
2005, No. 5).
§ 124.93. Reissuance of California Driver License.
A driver whose suspension or revocation under Section 13352,
13352. 1, or 13352.4 of the Vehicle Code was terminated pursuant to Sec-
tion 13353.5 is not eligible for issuance of a driver license in California
until:
(a) Payment of the reissuance fee imposed pursuant to Section 14904
of the Vehicle Code.
(b) The department determines that no grounds exist for refusal of a
license.
(c) Three years have elapsed from the date of the termination or the
driver completes the driving-under-the-influence program required
pursuant to Section 1 3352, 1 3352.1 , or 1 3352.4 of the Vehicle Code, sub-
mits a Notice of Completion Certificate (Form DL 101 (Rev. 1/2007)) to
Page 8.2(b)(2)
Register 2008, No. 18; 5-2-2008
Title 13
Department of Motor Vehicles
§ 125.00
the department, and submits proof of financial responsibility pursuant to
Section 16430 of the Vehicle Code.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 13100,
13352, 13352.1, 13352.4, 13353.4, 13353.5, 14904 and 16430, Vehicle Code.
History
1. New section filed 7-1 1-95; operative 8-10-95 (Register 95, No. 28).
2. Amendment of section and NOTE filed 2-2-2005; operative 3-4-2005 (Register
2005, No. 5).
3. Amendment of subsections (a) and (c) and Note filed 4-28-2008: operative
5-28-2008 (Register 2008, No. 18).
§ 124.95. Restriction Fee.
Pursuant to Sections 13352, subdivisions (a)(3) through (a)(7),
13352.1 and 13352.5 of the Vehicle Code, a $15 restriction fee is re-
quired to be paid upon application for a restricted driver license. This fee
is in addition to all other fees required by the Vehicle Code, and shall be
paid prior to the issuance of a restricted driver license.
NOTE: Authority cited: Sections 1651, 13352 and 13352.5, Vehicle Code. Refer-
ence: Sections 13352, 13352.1 and 13352.5, Vehicle Code.
History
1. New section filed 12-13-2000; operative 1-12-2001 (Register 2000, No. 50).
2. Amendment of section and Note filed 4-28-2008; operative 5-28-2008 (Reg-
ister 2008, No. 1 8).
Article 2.55. California Ignition Interlock
Device Program
§125.00. Definitions.
As used in this article, the following definitions shall apply:
(a) "Ignition interlock device" is a device designed to allow a vehicle
ignition switch to start the engine when the breath alcohol concentration
test result is below the alcohol setpoint, while locking the ignition when
the breath test results is at or above the alcohol setpoint.
(b) The "alcohol setpoint" is the breath alcohol concentration at which
the ignition interlock device is set to lock the ignition. The alcohol set-
[The next page is 8.2(c).]
Page 8.2(b)(3)
Register 2008, No. 18; 5-2-2008
Title 13
Department of Motor Vehicles
§ 125.02
point is the nominal lockpoint at which the ignition interlock device is set
at the time of calibration. The lockout setting shall be at 0.03 percent
breath alcohol concentration.
(c) "Bypass" of an ignition interlock device, as used in Vehicle Code
Section 23575, shall mean the same as "circumvention" as contained in
the federal model specifications for breath alcohol ignition interlock de-
vices as published by notice in the Federal Register, Vol. 57, No. 67,
Tuesday, April 7, 1992, pages 1 1774-1 1787.
(d) To "tamper" with an ignition interlock device, as used in Vehicle
Code Section 23575, means an overt, conscious attempt to alter, physi-
cally disable, or disconnect the ignition interlock device from its power
source, and thereby allow a person with a breath alcohol concentration
above the setpoint to start the engine. Examples of tampering with an
ignition interlock device include, but are not limited to, the following:
( 1 ) Altering the wiring of the vehicle which will allow the starting of
the vehicle without blowing a passing test.
(2) Modifying the functionality of the breath unit.
(3) Altering, deleting, or modifying the electronic log.
(e) "Manufacturer" means any individual, partnership, or corporation
engaged in the manufacturing or assembling of ignition interlock de-
vices.
(f) An "authorized installer" is a designee of the manufacturer who is
responsible for ensuring that the manufacturer's ignition interlock de-
vices are properly installed, calibrated, serviced, and monitored; and is
responsible for the completion of all required forms, and maintenance of
all files.
(g) "Participant file" is a tangible file used to retain and maintain all
records and documents directly associated with, but not limited to, the
installation, calibration, servicing, monitoring and removal of the igni-
tion interlock device(s) related to a program participant.
(h) "Electronic log" is a record of the vehicle use and interlock test re-
sults recorded by an ignition interlock device and shall mean the same as
"data recording" as contained in the federal model specifications for
breath alcohol ignition interlock devices published by notice in the Fed-
eral Register, Vol. 57, No. 67, Tuesday, April 7, 1992, pages
11774-11787.
(i) "Hardcopy" shall mean a legible, printed copy.
NOTE: Authority cited: Sections 1651 and 23575, Vehicle Code. Reference: Sec-
tion 23575, Vehicle Code.
History
1 . Renumbering of former article 2.4 to new article 2.55 (sections 125.00-125.22)
and new section filed 6-22-2001; operative 7-22-2001 (Register 2001, No.
25).
2. New subsections (a), (b), (e)-(i) and subsection relettering filed 10-29-2003;
operative 1 1-28-2003 (Register 2003, No. 44).
§ 125.02. Certification of Ignition Interlock Devices.
An ignition interlock device shall not be installed, or used as part of
a program for driving under the influence offenders unless the model or
type of device has been certified by the department in accordance with
the requirements of this article.
(a) An individual, partnership, or corporation may apply to the depart-
ment for certification of an ignition interlock device by submitting a com-
pleted application to the department. A separate application is required
for each model or type of device. A completed application shall contain
the following:
(1) Form DL 9, Application for Certification of Ignition Interlock De-
vice (REV. 4/2000). The application form shall contain the following in-
formation:
(A) The name of the individual, partnership, or corporation which
manufactures the device.
(B) The name and model number of the device.
(C) The business address and telephone number of the manufacturer.
(D) The business name under which the device will be marketed.
(E) Information specific to the type of business entity. If a sole propri-
etorship, the name and address of the sole owner. If a partnership, the
partnership name, and the name and address of each general and limited
partner. If a corporation, the California corporation number and the
name, address and title of each principal officer, director, or stockholder
participating in the direction, control, and management of the policy of
the business.
(F) A statement signed by the sole proprietor, each partner, or a corpo-
rate officer authorized to sign for the corporation (the corporate seal may
be affixed), under penalty of perjury under the laws of the state of Califor-
nia, that all statements made on the application and all attachments to the
application are true and correct.
(2) A detailed description of the device, including a photograph, draw-
ing, or other graphic depiction of the device.
(3) Complete technical specifications describing the device's accura-
cy, reliability, security, data collection and recording, tamper detection,
and environmental features.
(4) A complete and true copy of data from an independent laboratory
demonstrating that the device meets or exceeds the minimum federal
standards pursuant to Vehicle Code Section 13386(d). For purposes of
this article, the term "independent laboratory" shall be interpreted to in-
clude any of the following, provided the laboratory is properly equipped
and staffed to conduct laboratory tests on ignition interlock devices to en-
sure they meet the accuracy requirements and specifications provided in
Sections 1 and 2 of the model specifications for breath alcohol ignition
interlock devices as published as a Notice in the Federal Register, Vol.
57, No. 67, Tuesday, April 7. 1992, on pages 1 1774-11787:
(A) a state-run laboratory
(B) a private laboratory which can demonstrate its capability to carry
out the required tests
(C) a laboratory certified by a state department of Public Health to con-
duct chemical tests
(5) A certification on Form DL 28, Laboratory Report (REV. 3/2000),
signed by an authorized official of the laboratory which tested the device,
that the device was tested by the laboratory indicated in accordance with
the federal regulations and that the device was found to satisfy the re-
quirements of Sections 1 and 2 of the model specifications for breath al-
cohol ignition interlock devices as published as a Notice in the Federal
Register, Vol. 57, No. 67, Tuesday, April 7, 1992, on pages
11774-11787. The certification shall specify that the laboratory used
properly maintained equipment, and trained personnel to conduct the
tests, and that the test results are accurate. The Laboratory Report shall
include the name, address and telephone number of the testing laborato-
ry; the name, model number, and description of the device tested.
(6) A complete listing of all authorized installers' locations and their
satellite locations that includes the name, Bureau of Automotive Repair
number, telephone number, contact name, and hours of operation.
(7) A copy of the instructions that will be provided to authorized in-
stallers, including complete instructions for installation, operation, ser-
vice, repair, and removal of the device.
(8) A copy of the written instructions that will be provided to partici-
pants who have the device installed.
(9) A certificate from an insurance company that the manufacturer
holds product liability insurance and that the department is named as an
additional insured. The policy limit shall be a minimum of one million
dollars ($1,000,000). The liability insurance shall include coverage for
manufacturing, defects in product design and materials, calibration,
installation, and removal of devices. The certificate of insurance shall
contain a statement that the insurance company will notify the depart-
ment 30 days before cancellation of the insurance.
(10) A signed statement that the manufacturer shall indemnify and
hold harmless the state of California, the department and its officers, em-
ployees and agents from all claims, demands, and actions, as a result of
damage or injury to persons or property which may arise, directly or indi-
rectly, out of any act or omission by the manufacturer relating to the
installation, service, repair, use and removal of an ignition interlock de-
vice.
(1 1) A copy of the fee schedule or schedules adopted by a manufactur-
er and manufacturer's authorized installer pursuant to subdivision (h) of
Section 13386 of the Vehicle Code. The fee schedule shall include provi-
Page 8.2(c)
Register 2007, No. 38; 9-21-2007
§ 125.04
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
sions for the payment of the costs of the device by an applicant in amounts
commensurate with the applicant's ability to pay. The fee schedule shall
include the cost of all services provided, including standard charges for
installation, service and maintenance, and removal of the devices, and
any non-standard charges for service and maintenance of the devices.
(12) An imprint of the manufacturer's stamp. A manufacturer shall en-
sure that each authorized installer has the stamp of the manufacturer of
the device, meaning a stamping tool, not an imprint.
( 13) A manufacturer shall provide the department with a toll-free tele-
phone number through which participants may be referred to the autho-
rized installers.
(14) An application fee of $100.00.
(b) The department may have the laboratory test results reviewed, at
the manufacturer's expense, by an agency or individual outside the de-
partment, and of the department's choice, when such review is deemed
necessary to determine whether or not a device meets the requirements
for certification.
(c) The department may require that manufacturers install devices on
vehicles approved by the department to field test the devices.
(d) The department shall certify, or refuse to certify, a device within
90 days of receipt of a complete application. The department shall notify
the manufacturer within 1 0 days of receipt of the application if the ap-
plication is incomplete and shall specify what information or documents
are needed to complete the application.
(e) An applicant who has not received notification within the time peri-
ods specified may file an appeal with the Secretary of the Business,
Transportation and Housing Agency in accordance with Chapter 6 of Di-
vision 3 of Title 21 of the California Code of Regulations. If the Secretary
finds that the department failed to provide the notification required with-
in the time period specified without good cause, the department shall re-
imburse the applicant fully for all application fees paid.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 1652
and 13386, Vehicle Code; and Sections 15374-15378, Government Code.
History
1. Renumbering of former section 100.91 to section 125.02, including amendment
of section and Note, filed 6-22-2001; operative 7-22-2001 (Register 2001,
No. 25).
2. Amendment of subsections (a)(6), (a)(l 1) and (a)(12), new subsection (a)(13)
and subsection renumbering filed 10-29-2003; operative 11-28-2003 (Regis-
ter 2003, No. 44).
3. Amendment of subsections (a)(4) and (a)(ll) filed 9-18-2007; operative
10-18-2007 (Register 2007, No. 38).
§ 125.04. Modification of Certified Device.
A manufacturer shall notify the department in writing of any material
modification or alteration in the components, design or installation and
operating instructions of any device certified for use in this state. The
manufacturer shall provide the department satisfactory proof (to include
retesting by an independent laboratory, if required by the department),
prior to the sale or distribution of a modified or altered device, that these
modifications or alterations do not adversely affect the ability of the de-
vice to satisfy the requirements of the minimum federal standards pur-
suant to Vehicle Code Section 13386(e).
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 13386,
Vehicle Code.
History
1. Renumbering of former section 100.93 to section 125.04, including amendment
of section and Note, filed 6-22-2001; operative 7-22-2001 (Register 2001,
No. 25).
2. Amendment filed 9-18-2007; operative 10-18-2007 (Register 2007, No. 38).
§ 125.06. Compliance with Changes in Certification
Requirements.
(a) A manufacturer of an ignition interlock device certified by the de-
partment shall comply with any regulatory changes within 60 days from
adoption for the device to remain certified.
(b) If there are any changes to the list of authorized installers, a
manufacturer shall submit an updated list to the department within 10
days of the change.
(c) If there are any changes to an adopted fee schedule, a manufacturer
shall submit the updated fee schedule to the department within 30 days
of the changes.
(d) If there are any changes to the manufacturer's stamp, a manufactur-
er shall provide an imprint of the new stamp to the department 30 days
prior to its use.
(e) If there are any changes to the toll-free telephone number, a
manufacturer shall provide the new toll-free telephone number to the de-
partment 90 days prior to its use.
(f) If there are any changes to any information provided on the Ap-
plication for Certification of Ignition Interlock Device form (DL 9)
(REV. 4/2000). a manufacturer shall submit an updated application with-
in 30 days of the changes.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 13386,
Vehicle Code.
History
1. New section filed 10-29-2003; operative 1 1-28-2003 (Register 2003, No. 44).
§ 125.08. Refusal, Suspension or Revocation of Device
Certification.
(a) The department may refuse to certify a device, or may suspend or
revoke the certification of a device and remove it from the list of certified
devices, for any of the following reasons:
(1) Defects in design, materials, or workmanship of the device causing
repeated failures of a device to function as intended.
(2) Termination or cancellation of a manufacturer's liability insur-
ance.
(3) The manufacturer ceases to manufacture ignition interlock de-
vices.
(4) Voluntary request by a manufacturer to cancel certification of a de-
vice.
(5) Violation of a provision of this article by a manufacturer or autho-
rized installer.
(6) The manufacturer or certifying laboratory provides materially
false or inaccurate information relating to the performance of a device.
(7) Modification or alteration of the components, design, or installa-
tion and operation instructions in such a way that the requirements of the
minimum federal standards adopted in Vehicle Code Section 13386(e)
are no longer satisfied.
(b) Suspension or revocation of certification shall be effective 30 days
after written notification is sent to the manufacturer by certified mail. The
notice of suspension or revocation shall specify the basis for the action.
(c) Within ninety days of the suspension or revocation of certification,
the manufacturer shall be responsible for and shall bear the cost of re-
moval of any and all de-certified devices and the replacement with a cer-
tified device regardless of the manufacturer of the device being substi-
tuted.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 13386,
Vehicle Code.
History
1 . Renumbering of former section 100.92 to section 125.08, including amendment
of section and Note, filed 6-22-2001; operative 7-22-2001 (Register 2001,
No. 25).
2. Amendment of subsection (a)(7) filed 9-1 8-2007; operative 10-18-2007 (Reg-
ister 2007, No. 38).
§ 125.10. Referral to an Authorized Installer.
(a) A manufacturer shall only refer a driver participating in the ignition
interlock program (a participant) to an authorized installer who meets the
requirements in Sections 3363.1 through 3363.4 of Title 16 of the
California Code of Regulations. The manufacturer shall also ensure that
an authorized installer complies with the installation procedures estab-
lished in Title 16 of the California Code of Regulations.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 13386(f),
Vehicle Code.
History
1. Renumbering of former section 100.94 to section 125.10, including amendment
of section and Note, filed 6-22-2001; operative 7-22-2001 (Register 2001,
No. 25).
Page 8.2(d)
Register 2007, No. 38; 9-21-2007
Title 13
Department of Motor Vehicles
§ 125.12
2. Amendment of subsection (a) and repealer of subsections (b)-(c) filed
10-29-2003; operative 1 1-28-2003 (Register 2003, No. 44).
§ 125.12. Service and Maintenance of Ignition Interlock
Devices.
(a) A manufacturer shall ensure that an authorized installer has the
training and skills necessary to install, troubleshoot, check for proper op-
eration of the device, screen the vehicle for acceptable condition, and
complies with the following:
(1) Provides all participants with the following:
(A) A verification of installation report upon installation of an ignition
interlock device. The installer shall submit verification forms under the
following circumstances:
(i) When a participant is requesting a restricted driver license pursuant
to Vehicle Code section 13352(a)(3) through (a)(7), the installer shall
complete an original Verification of Installation, form DL 920 (REV
1/2007), which is hereby incorporated by reference, in accordance with
section 125.16 of this article.
(ii) When a court has ordered the installation of an Ignition Interlock
Device, the installer shall complete and submit a court-authorized verifi-
cation of installation form to the court. The installer shall provide verifi-
cation of installation to the department and must submit an original Veri-
fication of Installation, form DL 920 (REV 1/2007) or a copy of the
court-authorized verification of installation form.
(B) Written instructions on cleaning and caring for the device.
(C) Written instructions on types of vehicle malfunctions or repairs
that may affect the device, and what to do when such repairs are neces-
sary.
(D) Written and hands-on training for the participant and all persons
who operate the vehicle on use of the device after it is installed in the ve-
hicle.
(E) A 24-hour emergency phone number that may be used to request
assistance in the event of failure of the device or vehicle problems related
to operation of the device. The assistance provided by the authorized in-
staller shall include technical information, tow service, or road service.
The device shall be made functional within 48 hours of the call for assis-
tance, or the device shall be replaced.
(2) Follows the manufacturer's specifications for service and repair of
an ignition interlock device.
(A) Services the device in intervals not to exceed 60 days.
(B) Service shall include, but not be limited to, physical inspection of
the device and vehicle for tampering, calibration of the device, and moni-
toring of the data contained within the device's memory.
(C) Each time a device is serviced, downloads all the data recorded in
the device's memory. The electronic log shall specify the corresponding
device or participant file identification number (that when accessed will
clearly specify the corresponding device), the date the download oc-
curred and can be either a hardcopy or an electronic copy. If an electronic
copy is used it shall be electronically maintained and a hardcopy shall be
provided upon request. The downloaded data shall also contain a summa-
ry report that includes each incident the breath alcohol level was at or
above the alcohol setpoint, any attempts to bypass or tamper with the de-
vice and shall specify the corresponding device or participant file identi-
fication number, and date the download occurred.
(D) Each time a device is serviced, a hardcopy of the summary report
shall be included in the participant's file.
(E) Each time a device is serviced, a hardcopy of the calibration results
shall be included in the participant's file.
(F) If an installed device is replaced with another device, the event
shall be documented. The documentation shall specify each device and
the documentation shall be included in the participant file.
(G) If a participant fails to return the vehicle for recalibration within
60 days, and does not contact the installer to reschedule the appointment
for service, the installer shall schedule another appointment within seven
days of the missed appointment. The installer shall notify the participant
of the new appointment by mail and by telephone, if possible. If the par-
ticipant fails to keep the second appointment, and does not contact the in-
staller to reschedule the appointment, the installer shall schedule a third
appointment within seven days of the missed appointment. The installer
shall notify the participant of the new appointment by mail and by tele-
phone, if possible. If the participant fails to keep the third appointment,
the installer shall report the participant's non-compliance to the depart-
ment on the Notice of Non-Compliance, form DL 921 (NEW 1 1/99),
pursuant to Section 125. 1 8 of this article.
(H) If the participant is unable to return the vehicle for recalibration
within 60 days due to military service, a family death, or similar event
beyond the control of the participant, and the participant can document
the event to the satisfaction of the installer prior to non-compliance being
reported to the department by the installer, the installer may extend the
time for recalibration as appropriate. A copy of the documentation shall
be included in the participant's file. If the participant fails to return the
vehicle for recalibration as scheduled, the installer shall follow the proce-
dure in subdivision (G) to determine non-compliance.
(3) Conducts physical tamper inspections every time the device is
serviced, or given routine inspection, maintenance, or repair, or is re-
placed.
(A) A tamper inspection shall include checking the device for proper
operation of tamper detection capabilities. If tampering is detected, the
inspection shall also include installation wiring connection and tamper
seals.
(B) Documenting evidence of tampering shall include photographing
the damage, an electronic log hardcopy, or completing a comprehensive
incident report or other written documentation. If originals of such evi-
dence are sent to a court or the department, copies shall be included in the
participant's file.
(C) The installer shall report any evidence of attempts to bypass or cir-
cumvent the device or of physical tampering to the appropriate court or
the department within three working days. When reporting such evi-
dence to the department, the installer shall complete the Notice of Non-
Compliance, form DL 921 (NEW 11/99) pursuant to Section 125.18 of
this article.
(D) After the evidence of tampering has been recorded or
photographed, and reported to the appropriate court or the department,
the installer shall restore the system and its tamper seals, or equivalents,
and all other components to their original condition to prevent further
abuse.
(E) If a participant fails to maintain the device pursuant to Section
23575 of the Vehicle Code, the installer shall report non-compliance to
the appropriate court or the department within three working days.
(F) When reporting non-compliance to the court personnel, the install-
er shall follow procedures and forms provided by the appropriate court
and a copy shall be included in the participant's file.
(b) Whenever a device is removed, a manufacturer shall ensure that the
vehicle is restored to its original condition by the authorized installer.
When reporting the removal to the court personnel, the installer shall fol-
low procedures and forms provided by the appropriate court and a copy
shall be included in the participant's file or an "Ignition Interlock Notice
of Removal," form DL 922 (REV 1/2007), which is hereby incorporated
by reference, pursuant to Section 125.20 of this article, shall be sent to
the department, within three working days after removal of a device.
(c) A manufacturer shall be responsible for providing continuing ser-
vice by an authorized installer during the period the device is installed,
without interruption, when an authorized installer is replaced with anoth-
er affiliated authorized installer or replaced with another authorized in-
staller affiliated with another manufacturer.
(1) The manufacturer shall obtain all participant files from an autho-
rized installer being replaced, and shall provide the participant files to the
new installer.
(2) The manufacturer shall ensure that each participant with an exist-
ing, installed device is able to obtain the required service within a similar
distance or less from the participant's residence or place of business. If
there are installed devices for which authorized service is no longer ac-
cessible, such devices shall be replaced by the manufacturer, at no cost
Page 8.2(e)
Register 2007, No. 38; 9-21-2007
§ 125.14
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
to the participant, with a device from another manufacturer's authorized
installer located at a similar distance or less from the participant's resi-
dence or place of business.
(3) The manufacturer shall make every effort to notify all participants
of a change of the authorized installer or replacement of the device 30
days before the change or replacement will occur. When the manufactur-
er is unable to notify participants 30 days prior to the change or replace-
ment, the manufacturer shall notify all participants of the change as soon
as possible.
(4) The removal of the device shall be recorded on an Ignition Inter-
lock Notice of Removal form DL-922 (REV 1/2007) pursuant to
§ 125.20. Section II of the Ignition Interlock Notice of Removal form
DL-922 (REV 1/2007) is not applicable for this type of removal. The
installation of the new manufacturer's device shall be recorded on a Veri-
fication of Installation form DL-920 (REV 1/2007) pursuant to sec-
tion 1 25.1 6. To substantiate that no break in service has occurred, the de-
partment copies of the Verification of Installation form DL-920 (REV
1/2007) and Ignition Interlock Notice of Removal form DL-922 (REV
1/2007) shall be submitted to the department together.
(d) A manufacturer shall be responsible for providing continuing ser-
vice by an authorized installer during the period the device is installed,
without interruption, when the participant elects to transfer to an affili-
ated authorized installer or to another authorized installer affiliated with
another manufacturer.
(1) The participant's file shall be transferred pursuant to the proce-
dures described in § 125.12(c)(1).
(2) The device removal and installation shall be recorded and reported
pursuant to the procedures described in § 125.12(c)(4).
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 13386
and 23575(g), Vehicle Code.
History
1. New section filed 6-22-2001 ; operative 7-22-2001 (Register 2001, No. 25).
2. Amendment filed 10-29-2003; operative 1 1-28-2003 (Register 2003, No. 44).
3. Amendment of subsection (a)(1)(A), new subsections (a)(l)(A)(i)-(ii), and
amendment of subsections (b) and (c)(4) filed 9-18-2007; operative
10-18-2007 (Register 2007, No. 38).
§ 125.14. Installation Locations and Participant Files.
(a) Authorized installer installation locations may include mobile
units or satellite locations for the installation, calibration, servicing, mon-
itoring and removal of the devices.
(b) A manufacturer shall ensure that each authorized installer creates
and maintains a participant file for each participant.
(c) A copy of all completed ignition interlock device program forms
used by the court shall be included in the participant file.
(d) The department may obtain copies of participants' files directly
from an authorized installer.
(e) The department may inspect the authorized installer's participant
files or the installation locations during regular business hours.
(f) A manufacturer shall ensure that each authorized installer, after a
device is removed, retains the participant's file for a minimum of five (5)
years.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 13386,
Vehicle Code.
History
1. Renumbering of former section 100.95 to section 125.14, including amendment
of section and Note, filed 6-22-2001; operative 7-22-2001 (Register 2001,
No. 25).
2. Repealer and new section heading and amendment of section filed 1 0-29-2003;
operative 11-28-2003 (Register 2003, No. 44).
§ 125.16. Verification of Installation.
(a) Unless the participant is ordered by the court to install an Ignition
Interlock Device, the participant shall submit the $15 fee specified in
Section 124.95 of Title 13 of the California Code of Regulations and a
Verification of Installation, form DL 920 (REV 1/2007) upon application
for a restricted driver license pursuant to subdivisions (a)(3) through
(a)(7) of Section 1 3352 of the Vehicle Code. This fee and form is in addi-
tion to all other application requirements. The Verification of Installa-
tion, form DL 920 (REV 1/2007), shall contain the following informa-
tion:
(1 ) The stamp of the manufacturer of the device.
(2) The participant's name and driver license number.
(3) The participant's mailing address, and residence address, if differ-
ent from the mailing address.
(4) The participant's birth date.
(5) The participant's home and work telephone numbers.
(6) The name of the manufacturer of the ignition interlock device
installed.
(7) The installation location name, Bureau of Automotive Repair num-
ber, and address.
(8) The date the device was installed.
(9) The make, year, license plate number, and vehicle identification
number of the vehicle in which the ignition interlock device was
installed.
(10) The installer's printed name and a statement signed and dated by
the installer, under penalty of perjury under the laws of the State of
California, that the information provided on the form is true and correct.
(11) The installer's daytime telephone number.
(b) If an Ignition Interlock Device is ordered by the court, the partici-
pant shall submit an original Verification of Installation, form DL 920
(REV 1/2007) or the court ordered verification of installation form to the
department.
(c) The Verification of Installation, Form DL 920 (REV 1/2007), may
contain the date of the next monitor check.
(d) A manufacturer shall account for each Verification of Installation,
form DL 920 (REV 1/2007), issued to the manufacturer. If any unused
forms become lost, stolen, or misplaced the manufacturer shall immedi-
ately notify local law enforcement and provide written notification to the
department.
(e) Completed copies of the Verification of Installation, form DL 920
(REV 1/2007), shall be distributed as follows:
(1) The original completed Verification of Installation, form DL 920
(REV 1/2007), shall be submitted to the department at a local field office,
or mailed to the Department of Motor Vehicles, Mandatory Actions Unit,
Mail Station J233, P.O. Box 942890, Sacramento, California,
94290-0001.
(2) One copy each shall be provided to the driver, the authorized in-
staller of the device to include in the participant's file, and the manufac-
turer of the device or the manufacturer's agent, if applicable.
NOTE: Authority cited: Sections 1651, 13352 and 13386, Vehicle Code. Refer-
ence: Sections 1652, 13352 and 13386, Vehicle Code.
History
1. New section filed 6-22-2001; operative 7-22-2001 (Register 2001, No. 25).
2. Amendment of subsections (a) and (a)(7), new subsection (c), subsection relet-
tering, and amendment of newly designated subsections (d)-(d)(2) filed
10-29-2003; operative 1 1-28-2003 (Register 2003, No. 44).
3. Amendment of subsection (a), new subsection (b), subsection relettering and
amendment of newly designated subsections (c)-(e)( 1 ) filed 9-1 8-2007 ; opera-
tive 10-18-2007 (Register 2007, No. 38).
§ 1 25.1 8. Notice of Non-Compliance.
(a) An installer shall submit to the department within three working
days a Notice of Non-Compliance, form DL 921 (NEW 11/99), if an
ignition interlock device indicates that the participant has attempted to
remove, bypass, or tamper with the device, or if the participant fails three
or more times to comply with any requirement for the maintenance or cal-
ibration of the ignition interlock device, pursuant to subdivision (g) of
Section 23575 of the Vehicle Code. The Notice of Non-Compliance
form, DL 921 (NEW 1 1/99), shall contain the following information:
(1) The participant's name and driver license number.
(2) The participant's mailing address, and residence address, if differ-
ent from the mailing address.
(3) The participant's date of birth.
(4) The participant's home and work telephone numbers.
(5) The name of the manufacturer of the device.
Page 8.2(f)
Register 2007, No. 38; 9-21-2007
Title 13
Department of Motor Vehicles
§ 140.00
(6) The installation location name, Bureau of Automotive Repair num-
ber, and address.
(7) The serial number of the device and the date the device was
installed in the vehicle.
(8) The make, year, license plate number, and vehicle identification
number of the vehicle with the ignition interlock device.
(9) Whether the installed device shows evidence of attempts to re-
move, bypass or tamper with the device, and the corresponding date or
dates.
(10) Whether the participant failed three or more times to comply with
the device maintenance or calibration requirements, and the correspond-
ing dates of non-compliance.
(1 1) The installer's printed name and a statement signed and dated by
the installer, under penalty of perjury under the laws of the State of
California, that the information provided on the form is true and correct.
(12) The installer's daytime telephone number.
(13) The date the form is sent to the department.
(b) Completed copies of the Notice of Non-Compliance form, DL 92 1
(NEW 1 1/99), shall be distributed as follows:
(1) The installer shall submit the original completed Notice of Non-
Compliance form, DL 921 (NEW 1 1/99), to the department. The installer
may mail the form to the Department of Motor Vehicles Mandatory Ac-
tions Unit, Mail Station J233, P. O. Box 942890, Sacramento, California,
94290-0001, or fax the completed form to the department at (916)
657-6001.
(2) One copy each shall be provided to the driver, the authorized in-
staller to include in the participant's file, and the manufacturer of the de-
vice or the manufacturer's agent, if applicable.
NOTE: Authority cited: Sections 1651 and 23575, Vehicle Code. Reference: Sec-
tions 1652, 13386 and 23575, Vehicle Code.
History
1. New section filed 6-22-2001 ; operative 7-22-2001 (Register 2001, No. 25).
2. Amendment of subsections (a), (a)(6) and (b)-(b)(2) filed 10-29-2003; opera-
tive 1 1-28-2003 (Register 2003, No. 44).
§125.20. Notice of Removal.
(a) An installer shall submit to the department within three working
days an Ignition Interlock Notice of Removal, form DL 922 (REV
1/2007), when the installer removes an ignition interlock device, pur-
suant to Section 125.12 of this article. The Ignition Interlock Notice of
Removal, form DL 922 (REV 1/2007), shall contain the following in-
formation:
(1) The stamp of the manufacturer of the device.
(2) The participant's name and driver license number.
(3) The participant's mailing address, and residence address if differ-
ent from mailing address.
(4) The participant's birth date.
(5) The participant's home and work telephone numbers.
(6) The date the ignition interlock device was removed.
(7) When an installer removes a device from a participant's vehicle
and reinstalls the device into another vehicle operated by the same partic-
ipant, the removal and reinstallation is to be recorded by completing Sec-
tion II "Removal/Installation Information."
(A) The first segment of Section II identifies the vehicle make, year,
license plate number and vehicle identification number of the vehicle
from which the device is being removed.
(B) The second segment of Section II identifies the vehicle make, year,
license plate number, and vehicle identification number of the vehicle in
which the device is being reinstalled and also includes the date of installa-
tion, and the date of the next monitor check.
(8) The name of the manufacturer of the device removed.
(9) The name, Bureau of Automotive Repair number, and address of
the installation location that removed the device.
(10) A certification signed and dated by the installer, under penalty of
perjury under the laws of the State of California, that the information pro-
vided on the form is true and correct.
(1 1) The installer's printed name and daytime telephone number.
(12) The date the form is sent to the department.
(b) A manufacturer shall account for each Notice of Removal, form
DL 922 (REV 1/2007), issued to the manufacturer. If any unused forms
become lost, stolen, or misplaced the manufacturer shall immediately
notify local law enforcement and provide written notification to the de-
partment.
(c) Completed copies of the Notice of Removal form, DL 922 (REV
1/2007), shall be distributed as follows:
(1 ) The installer shall submit the original completed Notice of Remov-
al, form DL 922 (REV 1/2007), to the department. The installer may mail
the completed form to the Department of Motor Vehicles Mandatory Ac-
tions Unit, Mail Station J233, P. O. Box 942890, Sacramento. California,
94290-0001, or fax the completed form to the department at (916)
657-6001.
(2) One copy each shall be provided to the driver, the authorized in-
staller of the device to include in the participant's file, and the manufac-
turer of the device or the manufacturer's agent, if applicable.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 1652,
13386 and 23575(g), Vehicle Code.
History
1. New section filed 6-22-2001 ; operative 7-22-2001 (Register 2001, No. 25).
2. Amendment filed 10-29-2003; operative 1 1-28-2003 (Register 2003, No. 44).
3. Amendment of subsections (a) and (b)-(c)(l) filed 9-18-2007; operative
10-18-2007 (Register 2007, No. 38).
§ 125.22. Notice to Employers Regarding an Ignition
Interlock Restriction.
(a) The department shall provide to any requesting participant a Notice
to Employers, Ignition Interlock Restriction, form DL 923 (NEW 1 1/99).
(b) The participant shall provide a Notice to Employers, Ignition Inter-
lock Restriction, form DL 923 (NEW 1 1/99), to any employer who owns
a vehicle that the participant must operate during the course of employ-
ment, and keep a copy of the Notice to Employers Ignition Interlock Re-
striction in his or her possession or with the vehicle operated. The Notice
to Employers, Ignition Interlock Restriction, form DL 923 (NEW 1 1/99),
allows the participant to operate the employer's vehicle without an igni-
tion interlock device. The Notice to Employers, Ignition Interlock Re-
striction form DL 923 (NEW 1 1/99), shall contain the following informa-
tion:
(1) The participant's name.
(2) The employer's name.
(3) The business name, telephone number, and address.
(4) A certification signed and dated by the employer, under penalty of
perjury under the laws of the State of California, that the employer has
been notified by the employee pursuant to Section 23576 of the Vehicle
Code.
NOTE: Authority cited: Sections 1651 and 23576, Vehicle Code. Reference: Sec-
tions 1652 and 23576, Vehicle Code.
History
1. New section filed 6-22-2001; operative 7-22-2001 (Register 2001, No. 25).
2. Amendment of subsections (a)-(b) filed 10-29-2003; operative 11-28-2003
(Register 2003, No. 44).
Article 2.6. Reinstatement Fees
§ 140.00. Reissue Fee.
(a) Pursuant to Section 14904 of the Vehicle Code, a $42.00 driver li-
cense reissue fee is required to be paid after the suspension or revocation
of a person's driving privilege. This fee is in addition to any other fees
required by the Vehicle Code, and shall be paid prior to the issuance, reis-
suance or return of the driver license.
(b) Pursuant to Section 14906 of the Vehicle Code, a $13.00 notice of
sanction fee is required to be paid after the suspension or revocation of
a person's driving privilege. This fee is in addition to any other fees re-
quired by the Vehicle Code, and shall be paid prior to the issuance, reis-
suance or return of the driver license.
Page 8.2(g)
Register 2007, No. 38; 9-21-2007
§ 146.00
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(c) This Section does not apply to any suspension or revocation that
is set aside by the department or a court, or which is based upon a physical
or mental condition.
(d) This Section does not apply to any person subject to the fee re-
quired by Section 14905 of the Vehicle Code.
(e) The provisions of this section apply to driver license reissue and
notice of sanction fees paid to the department on or after June 30, 1997.
NOTE: Authority cited: Sections 1651 and 14904, Vehicle Code. Reference: Sec-
tions 13106, 14904 and 14906, Vehicle Code.
History
1. New section filed 5-27-97 as an emergency; operative 5-27-97 (Register 97,
No. 22). A Certificate of Compliance must be transmitted to OAL by 9-24-97
or emergency language will be repealed by operation of law on the following
day.
2. Certificate of Compliance as to 5-27-97 order transmitted to OAL 8-1 1-97 and
filed 8-15-97 (Register 97, No. 33).
§ 146.00. Penalty Fee for Failure to Surrender Driver
License.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 13551,
13551.1 and 14908, Vehicle Code.
History
1 . New article 2.6 and section filed 9-7-95; operative 10-7-95 (Register 95. No.
36).
2. Change without regulatory effect repealing section filed 1-9-2001 pursuant to
section 100, title C California Code of Regulations (Register 2001, No. 2).
Article 2.7. Certificates and Endorsements
§147.00. House Car Endorsement.
(a) Applicants for a house car endorsement issued pursuant to Vehicle
Code Sections 35400, 12804.09, 12804.10, and 12804.15 shall meet the
following requirements:
(1) Obtain a non-commercial class B driver license.
(2) Meet and maintain the minimum medical requirements, by submit-
ting a Physician's Health Report, form DL 546 A (NEW 12/2001), upon
application and every two years thereafter. The minimum medical re-
quirement shall be the same as the requirements established for a re-
stricted class A driver license in Title 1 3, Section 28.21, California Code
of Regulations.
(3) Successfully complete a specialized written test based on the
California Recreational Vehicles and Trailers Handbook.
(4) Successfully complete the practical (drive) test which includes (1)
a vehicle safety check; (2) two skill tests that simulate the positioning of
the house car in a designated space; and (3) driving/road test.
(5) Pay a fee pursuant to subdivision (c)(3) of Vehicle Code Section
12804.15.
(b) The following driver license classifications shall be exempt from
the house car endorsement requirement:
(1) Commercial class A.
(2) Commercial class B.
(c) The medical form provided by the department, shall be the Physi-
cian's Health Report, form DL 546A (NEW 12/2001), and shall be com-
pleted and signed by a physician and contain the following information:
(1) The applicant's true full name, address, date of birth, driver license
number, and daytime telephone number.
(2) A "yes" or "no" response as to whether the applicant:
(A) has difficulty recognizing the colors of red, green, and amber used
in traffic signal lights and devices.
(B) has peripheral vision of less than 70 degrees for either eye.
(C) has difficulty perceiving a forced whispered voice in the better ear
without a hearing aid, at not less than five (5) feet.
(D) has a vision impairment in either eye that is not correctable to visu-
al acuity of 20/40 or better.
(E) has a missing foot, leg, hand, finger, or arm.
(F) has any other impairment of a hand, finger, arm, foot, or leg, or any
other limitation.
(G) has diabetes requiring insulin for control.
(H) has had a hypoglycemic episode or any other adverse reaction re-
lated to diabetes in the last three (3) years.
(I) has had a heart attack, angina, coronary insufficiency, thrombosis,
stroke, or other heart problem, or cardiovascular disease, and if "yes",
whether the applicant has had labored breathing, fainting, collapse, con-
gestive heart failure, or other symptoms in the last three (3) years.
(J) has been diagnosed with a respiratory condition, such as emphyse-
ma, chronic asthma, or tuberculosis and, if "yes", whether the respiratory
condition is likely to interfere with the applicant's ability to drive a motor
vehicle safely.
(K) has ever been diagnosed with high blood pressure of 160/90 or
higher.
(L) has been diagnosed with rheumatic, arthritic, orthopedic, muscu-
lar, neuromuscular, or vascular disease, and if "yes", whether the condi-
tion is likely to interfere with the applicant's ability to drive a motor ve-
hicle safely.
(M) has ever been diagnosed with any mental, nervous, organic or
functional disease, or psychiatric disorder, and if "yes", whether the
condition is likely to interfere with the applicant's ability to drive a motor
vehicle safely.
(N) has ever been diagnosed with epilepsy or any other condition
which may cause loss of consciousness or loss of control, and if "yes",
whether the applicant has had a loss of consciousness or loss of control
in the last three (3) years.
(O) uses a controlled substance, amphetamine, narcotic, or any other
habit-forming drug, and if "yes", whether the drug will interfere with the
patient's ability to drive a motor vehicle.
(P) has a history or current clinical diagnosis of alcoholism.
(3) Visual acuity of each eye must be given and be at least 20/40 in each
eye with or without corrective lenses.
(A) Whether contact lenses are worn, and if "yes", whether they are
well adapted and tolerated.
(4) The applicant's blood pressure reading at the time of the exam.
(5) An explanation for any "yes" answers.
(6) A check-box indicating the applicant has been examined and has
no physical impairment or condition to preclude him or her from driving
a house car of more than 40 feet in length.
(7) The physician's name, office address, telephone number, date of
applicant's last visit, physician's medical license or certificate number
with the issuing state, date of the exam, and the signature of the physician.
(8) A certification signed and dated by the applicant under penalty of
perjury, that the information provided is true and correct, and that the ap-
plicant consents to release of medical information to the department.
NOTE: Authority cited: Section 1651 , Vehicle Code. Reference: Sections 12804.9,
12804.10, 12804.15 and 35400, Vehicle Code.
History
1. New article 2.7 (section 147.00) and section filed 5-12-2003; operative
6-1 1-2003 (Register 2003, No. 20).
2. Editorial correction adding article heading and amending History 1 (Register
2004, No. 19).
Article 3. Vehicle Registration and Titling
§150.01. Vehicle Engine or Motor.
A motor vehicle engine or motor shall hereafter be defined as the prin-
cipal parts of a motor assembly, which are the cylinder block with the
crank shaft, pistons, and connecting rods for the number of cylinders in
the block, cam shaft or cam shafts; within or without the lower half of the
crank case.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 4161,
4163 and 9257, Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 200.01 to section
1 50.0 1 and amendi ng article 3 heading filed 7- 1 9-93 pursuant to title 1 , section
100, California Code of Regulations (Register 93, No. 30).
2. Amendment repealing subheading filed 9-2-2004; operative 10-2-2004 (Reg-
ister 2004, No. 36).
Page 8.2(h)
Register 2007, No. 38; 9-21-2007
Title 13
Department of Motor Vehicles
§ 154.00
§ 150.02. Decorative or Facsimile License Plate Size.
Pursuant to Section 4463.5 of the Vehicle Code, facsimile plates shall
not be of a size substantially similar to the motor vehicle license plate is-
sued by the department. The facsimile plate shall be:
(1) Smaller than 9 inches in length and 3 inches in width, or
(2) Larger than 15 inches in length and 9 inches in width.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 4463.5,
Vehicle Code.
History
] . New section filed 3-1 1-94; operative 4-1 1-94 (Register 94, No. 1 1 ).
§ 150.04. Pickup Trucks.
(a) Pursuant to Section 471 of the Vehicle Code, any motor vehicle,
except a motorcycle, motorized bicycle, or motorized quadricycle, with
an open box type bed not exceeding 9 feet in length is by definition a pick-
up. Examples of this type of motor vehicle include the Ford Explorer
Sport Trac, Nissan Frontier and other similarly designed vehicles.
(b) Pursuant to Section 471 of the Vehicle Code, any motor vehicle,
except a motorcycle, motorized bicycle, or motorized quadricycle, that
may be configured or reconfigured to provide an open box type bed not
exceeding 9 feet in length is by definition a pickup. Examples of this type
of motor vehicle include the Chevrolet Avalanche and similarly designed
vehicles.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 471, Ve-
hicle Code.
History
1. New section filed 6-24-2003; operative 7-24-2003 (Register 2003, No. 26).
2. Editorial correction adjusting placement of section (Register 2003, No. 27).
§ 150.06. Description of Vehicle Required for Sale or
Transfer.
For purposes of notifying the department of the sale or transfer of a ve-
hicle as required in Vehicle Code Section 5900, the description of the ve-
hicle shall consist of either the California license plate number or the ve-
hicle identification number or both numbers.
NOTE: Authority cited: Section 1 65 1 . Vehicle Code. Reference: Section 5900, Ve-
hicle Code.
History
1. New section filed 12-27-2004; approved by operation of law 12-22-2004; op-
erative 1-21-2005 (Register 2004, No. 53).
§ 1 50.08. Truck Tractors with Living Quarters.
Truck tractors as defined in Vehicle Code section 655 that have been
initially manufactured, modified by a second stage manufacturer or
otherwise altered to include living quarters shall be considered commer-
cial vehicles under Vehicle Code section 260 unless the living quarters
permanently prevent the truck tractor from towing or drawing other ve-
hicles.
NOTE: Authority cited: Section 165 1 , Vehicle Code. Reference: Sections 260 and
655, Vehicle Code; and California Career Schools v. Department of Motor Ve-
hicles (2004) 120 Cal. App. 4th 10, 15 Cal. Rptr. 3d 813.
History
1. New section filed 7-1 1-2007; operative 8-10-2007 (Register 2007, No. 28).
§ 1 51 .00. Refusal of Registration.
(a) Pursuant to California Health and Safety Code section 43151 and
Vehicle Code section 4750, a new motor vehicle that is not certified by
the California Air Resources Board as equipped with a California emis-
sion system may be refused California registration. The new motor ve-
hicle shall not be driven or sold to circumvent this law.
(1) A new motor vehicle shall be defined as a vehicle with less than
7,500 miles on the odometer at the time it is first acquired, purchased, im-
ported, delivered, rented, leased, or received by a California resident or
a California established place of business.
(A) The odometer reading at the location and on the date the vehicle
was purchased, imported, delivered, rented, leased, acquired or received
by the California resident or an established place of business shall deter-
mine compliance with California Health and Safety Code sections 43 1 50
through 43156.
(2) A new motor vehicle may include, but not be limited to. passenger
motor vehicles, motorcycles, off-highway vehicles, and gas and diesel-
powered motor vehicles.
(3) The term "resident" as used in Health and Safety Code section
43151 shall be as defined in Vehicle Code section 516.
(4) California residents that are military personnel on active duty out-
side of California when the new motor vehicle was purchased, imported,
delivered, rented, leased, acquired or received may be considered non-
residents for purposes of this section.
(b) The department may require additional documentation pursuant to
California Vehicle Code section 4751 to substantiate the odometer read-
ing, or the request of a California resident or a California established
place of business for an exemption to register a non-California certified
vehicle as provided in subdivisions (b) and (c) of Health and Safety Code
section 43151; Vehicle Code sections 6701, 27156.2, and 27156.3; and
Article 2, Section 1958 of Chapter 1, Division 3, Title 13, California
Code of Regulations.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 516,
4750. 6701, 27156.2 and 27156.3, Vehicle Code; and Sections 43150, 43151,
43153, 43154, 43155 and 43156, Health and Safety Code.
History
1 . New section filed 12-22-2004; operative 1-21-2005 (Register 2004, No. 52).
§ 152.00. Motor Vehicle Bond Requirements.
(a) A motor vehicle owner applying for a California certificate of title
without the required supporting evidence of ownership may submit a
bond as authorized under Vehicle Code section 4157. The bond shall be
executed by an admitted surety insurer on a Motor Vehicle Ownership
Surety Bond, form REG 5057 (REV. 12/2004), which is hereby incorpo-
rated by reference. The bond shall be subject to chapter 2 (commencing
with Section 995.010), title 14, of part 2 of the Code of Civil Procedure.
(b) The penal sum of the bond shall be in the amount of the fair market
value of the motor vehicle.
(1) The fair market value shall be determined by either:
(A) A written appraisal provided by a California licensed or other state
licensed motor vehicle dealer or motor vehicle insurance representative;
or
(B) Identification of the motor vehicle and its price variations based
on information provided in a recognized industry motor vehicle valua-
tion and pricing handbook, such as the Kelly Blue Book. The highest and
lowest price variations shall be added together and then divided by two;
the result is the average price of the vehicle. The average price shall be
the fair market value.
(c) A motor vehicle owner applying for a California certificate of title
without the required supporting evidence of ownership may submit a de-
posit equal to the monetary amount appraised in Section 152.00(b)(1)(A)
or calculated in Section 152.00(b)(1)(B) in lieu of bond as provided in
Section 995.710 of the Code of Civil Procedure.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 995.010
and 995.710, Code of Civil Procedure; and Sections 4157 and 4307, Vehicle Code.
History
1. New section filed 2-14-2006; operative 3-16-2006 (Register 2006, No. 7).
§ 154.00. Commercial Vehicle Weight Decals.
(a) The department shall issue a set of two (2) weight decals to each
vehicle weighing 10,001 pounds or more in accordance with subdivision
(f) of Vehicle Code section 9400.1. Except for school buses, as defined
in Vehicle Code Section 545 (see subsection (a)(1) below for the require-
ments that apply only to school buses), one (1) weight decal shall be af-
fixed to each door on the right and left sides of the vehicle, or, if the ve-
hicle has sliding doors, immediately in front of or behind each door. The
decals may be affixed to plaques that are permanently attached to or adja-
cent to the right and left door of the vehicle. Both decals shall be visible
from fifty feet.
(1) School Buses, as defined in Vehicle Code Section 545, shall have
one weight decal affixed on each side of the vehicle, or upon plaques
which are permanently affixed to the vehicle, twelve ( 1 2) inches from the
rear portion of the rear wheel well opening. Both decals shall be visible
from fifty feet.
Page 8.2(i)
Register 2007, No. 38; 9-21-2007
§ 155.00
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(b) The department shall charge a three dollar ($3) fee for each set of
weight decals, including substitute and duplicate weight decals.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 9400.1,
Vehicle Code.
History
1. New section filed 12-15-2004; operative 1-14-2005 (Register 2004, No. 51).
2. Amendment of subsection (a), new subsection (a)(1) and amendment of Note
filed 7-28-2006; operative 8-27-2006 (Register 2006, No. 30).
§155.00. Definitions.
As used in this article, the following definitions shall apply:
(a) An uncovered total loss vehicle is a stolen vehicle that is not recov-
ered within 60 days of the date the theft of the vehicle is reported to the
police.
(b) A constructive total loss vehicle is a vehicle meeting the conditions
set forth in section 544 of the Vehicle Code defining a total loss salvage
vehicle.
(c) A nonrepairable vehicle is a vehicle meeting the conditions set
forth in section 431 of the Vehicle Code.
NOTE: Authority cited: Section 10902, Revenue and Taxation Code; and Section
165 1, Vehicle Code. Reference: Sections 43 1 , 1 1 5 1 5 and 1 1 5 1 5.2, Vehicle Code;
and Section 10902, Revenue and Taxation Code.
History
1 . Change without regulatory effect renumbering former section 205.00 to section
155.00 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
2. Amendment of subsections (a) and (b), new subsection (c) and amendment of
Note filed 9-2-2004; operative 10-2-2004 (Register 2004, No. 36).
§ 155.02. Vehicle License Fee Refund Requirements.
(a) Prior to the submission of a vehicle license fee refund request for
an unrecovered total loss vehicle, the following conditions shall be satis-
fied:
(1 ) The vehicle shall be registered in the name of the owner of the sal-
vage value of the total loss vehicle in accordance with section 5902 of the
Vehicle Code.
(2) Sixty (60) days shall have elapsed from the date the theft of the ve-
hicle was reported to the police.
(b) Prior to, or at the same time as, the vehicle license fee refund re-
quest is submitted for a constructive total loss or nonrepairable vehicle,
the requirements of section 11515 or 1 1515.2 of the Vehicle Code shall
be satisfied.
NOTE: Authority cited: Section 10902, Revenue and Taxation Code; and Section
1651, Vehicle Code. Reference: Sections 9868, 11515, 11515.2 and 42231, Ve-
hicle Code; and Section 10902, Revenue and Taxation Code.
History
1 . Change without regulatory effect renumbering former section 205.02 to section
155.02 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regu-
lations (Register 93, No. 30).
2. Amendment of subsection (b) and Note filed 9-2-2004; operative 10-2-2004
(Register 2004, No. 36).
§ 155.04. Application for a Vehicle Licensee Fee Refund.
(a) The application for the refund of the remaining portion of the ve-
hicle license fee for an unrecovered total loss vehicle shall be submitted
to the department on an Application for Vehicle License Fee Refund, Part
A, Unrecovered Total Loss Vehicle form, [REG 65 (1 1/2003)] and shall
contain the following information:
(1) The vehicle license plate number, vehicle identification number,
year model, and vehicle make of the unrecovered total loss vehicle.
(2) The month, day and year of the vehicle theft.
(3) The month, day and year of the vehicle theft report and the name
and location of the police where the theft was reported.
(A) A copy of the police vehicle theft report shall be submitted to the
department with the application for a refund for an unrecovered total loss
vehicle when a Department of Justice stolen vehicle update is not in-
cluded in the vehicle report of the department.
(4) A certification signed by the applicant under penalty of perjury un-
der the laws of the State of California that the information entered by the
applicant is true and correct.
(5) The true full name(s) and address of the registered owner(s) of re-
cord at the time the vehicle was stolen.
(6) The signature of the applicant and the date signed.
(b) The application for the refund of the remaining portion of the ve-
hicle license fee for a constructive total loss or nonrepairable vehicle
shall be submitted to the department on an Application for Vehicle Li-
cense Fee Refund. Part B, Constructive Total Loss or Nonrepairable Ve-
hicle form, [REG 65 (1 1/2003)], and shall contain the following informa-
tion:
(1) The vehicle license plate number, vehicle identification number,
year model, and vehicle make of the constructive total loss or nonrepair-
able vehicle.
(2) The month, day and year the constructive total loss or nonrepair-
able vehicle was wrecked, destroyed or damaged by a single event.
(3) The true full name(s) and the address of the registered owner(s) of
record at the time the vehicle was wrecked, destroyed or damaged.
(4) A certification signed under penalty of perjury under the laws of
the State of California by the registered owner(s) of record named in sub-
division (3) that he and/or she was not cited or convicted of one or more
violations pursuant to section 23152 or section 23153 of the Vehicle
Code which relates to driving under the influence of alcohol or drugs, or
pursuant to section 23103 of the Vehicle Code as specified in section
23103.5 of the Vehicle Code which involves a substitute (plea) for an
original citation of driving under the influence on connection with the
loss of the vehicle described in the application.
(A) If the registered owner of record named in subdivision (3) was
cited under any of these code sections, acceptable proof of the dismissal
of the citation or a finding of not guilty shall be submitted to the depart-
ment with the application.
(B) Acceptable proof shall be defined as a court abstract form
(DLJ06R), a magnetic tape court abstract, a letter from a court on court
letterhead, a departmental phone slip signed or initialed by the depart-
ment employee who initiated the telephone call, or departmental micro-
film or microfiche documentation.
(5) A declaration signed by the registered owner(s) of record named
in subdivision (3) under penalty of perjury under the laws of the State of
California that all the information entered on the application by the own-
ers) is true and correct.
(6) The signature(s) and the date signed by the registered owner(s) of
record named in subdivision (3).
(7) The true full name and address of the applicant who is the owner
of the salvage value of the vehicle.
(8) A certification signed by the applicant under penalty of perjury un-
der the laws of the State of California that the information entered by the
applicant is true and correct.
(9) The signature of the applicant and the date signed.
(c) The application for a refund for the remaining portion of the vehicle
license fee for a total loss vehicle shall be received by the department
within three (3) years after the date the vehicle license fees were paid.
NOTE: Authority cited: Section 10902, Revenue and Taxation Code; and Section
1651, Vehicle Code. Reference: Sections 9868, 11515 and 11515.2, Vehicle
Code; and Section 10902, Revenue and Taxation Code.
History
1 . Change without regulatory effect renumbering former section 205.04 to section
155.04 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
2. Editorial correction of subsection (b)(7) (Register 95, No. 43).
3. Editorial correction reinstating inadvertently omitted section (Register 2003,
No. 27).
4. Amendment of section and Note filed 9-2-2004; operative 10-2-2004 (Regis-
ter 2004, No. 36).
§ 155.05. Application for Salvage or Nonrepairable Vehicle
Certificates.
(a) In addition to the requirements specified in Section 11515 and
1 1 5 1 5.2 of the Vehicle Code to obtain a salvage certificate for a construc-
tive total loss vehicle, an Application for Salvage Certificate or Nonrep-
airable Vehicle Certificate form [REG 488C (REV 10/2003)] shall be
submitted to the department and shall contain the following:
Page 8.20)
Register 2007, No. 38; 9-21-2007
Title 13
Department of Motor Vehicles
§ 156.00
•
•
(1) The vehicle description, including the vehicle license number,
make, year, vehicle identification number, the state of last known regis-
tration, and the date registration expires.
(2) The insurance claim number, if available.
(3) The cost/value of the vehicle as determined either by the insurance
company's payoff or the purchase price from the previous owner.
(A) The cost/value shall not be required when the application is for a
duplicate salvage certificate.
(4) The date the vehicle was wrecked or destroyed.
(5) The date the vehicle was stolen.
(6) The date the vehicle was recovered if stolen.
(7) A statement signed and dated by the applicant or authorized agent
to certify that the described vehicle is a total loss salvage, that a properly
endorsed certificate of ownership document or documents are attached,
and a request for a salvage certificate.
(A) If the properly endorsed certificate of ownership or other appropri-
ate evidence of ownership cannot be secured, a Statement of Facts form
[REG. 256 (REV. 1/2003)] explaining why the title cannot be obtained
must be submitted.
(B) When a certificate of ownership or other evidence of ownership
is not attached, then a surety bond pursuant to Section 41 57 of the Vehicle
Code in the amount of the cost/value of the vehicle shall be required if
the insurance payoff plus the salvage value is $5,000 or more. A surety
bond is also required when settlement is made to the legal owner of a ve-
hicle without the release of the registered owner unless repossession doc-
umentation is attached.
(8) The name and address of the insurance company or applicant.
(9) The California Driver License or Identification Card number if the
applicant is an individual and not a business or an agent.
(10) If applicable, the agent's name and occupational license number
when the agent is licensed by the department.
(b) In addition to the requirements specified in Section 1 1515.2 of the
Vehicle Code to obtain a nonrepairable vehicle certificate for a vehicle,
an Application for Salvage Certificate or Nonrepairable Vehicle Certifi-
cate form [REG 488C (REV 10/2003)] shall be submitted to the depart-
ment and shall contain the following:
(1) The vehicle description, including the vehicle license number,
make, year, vehicle identification number, the state of last known regis-
tration, and the date registration expires.
(2) The insurance claim number, if available.
(3) The cost/value of the vehicle as determined either by the insurance
company's payoff or the purchase price from the previous owner.
(A) The cost/value shall not be required when the application is for a
duplicate nonrepairable certificate only.
(4) The date the vehicle was wrecked or destroyed.
(5) The date the vehicle was stolen.
(6) The date the vehicle was recovered if stolen.
(7) An indication of whether the nonrepairable condition pursuant to
Vehicle Code section 431 was due to a surgical strip, a complete burn,
or declared nonrepairable by the owner.
(8) A statement signed and dated by the applicant or authorized agent
certifying that the described vehicle is a nonrepairable vehicle, that prop-
erly endorsed ownership documents are attached, and requesting a non-
repairable vehicle certificate to be issued.
(9) The name and address of the insurance company or applicant.
(10) The California Driver License or Identification Card number if
the applicant is an individual and not a business nor an agent.
(11) If applicable, the agent's name and occupational license number
when the agent is licensed by the department.
(c) The License Plate Disposition Certification Section shall be com-
pleted with original applications for salvage and nonrepairable vehicle
certificates and shall contain the following:
(I) An indication by the applicant certifying that the license plates as-
signed to the vehicle either are being surrendered, have been lost, have
been destroyed by an occupational licensee, or are special plates retained
by the owner.
(2) If the plates are surrendered, the applicant shall indicate the number
of plates surrendered.
(3) If the plates were destroyed by an occupational licensee, the oc-
cupational license number shall be indicated.
(d) A statement signed and dated by the applicant certifying under pen-
alty of perjury under the laws of the State of California that the informa-
tion provided on the application is true and correct.
NOTE: Authority cited: Section 10902, Revenue and Taxation Code; and Section
1651, Vehicle Code. Reference: Sections 9868, 11515 and 11515.2, Vehicle
Code; and Section 10902, Revenue and Taxation Code.
History
1 . New section filed 9-2-2004; operative 10-2-2004 (Register 2004, No. 36).
§ 1 55.06. Surrender of License Plates.
NOTE: Authority cited: Section 10902, Revenue and Taxation Code. Reference:
Section 10902, Revenue and Taxation Code.
History
1 . Change without regulatory effect renumbering former section 205.06 to section
1 55.06 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regu-
lations (Register 93, No. 30).
2. Repealer filed 9-2-2004; operative 10-2-2004 (Register 2004, No. 36).
§ 155.08. Vehicle License Fee Refund Calculations.
(a) The amount of the vehicle license fee refunded for an unrecovered
or constructive total loss or nonrepairable vehicle shall be based on one-
twelfth of the annual vehicle license fee for each full month that remains
until the vehicle registration expires.
(1 ) The number of full months remaining shall be calculated from the
date of loss of the vehicle through the registration expiration date. A por-
tion of each full month that remains until registration expires shall not be
considered a full month when calculating the number of remaining
months.
(b) An administrative fee pursuant to Vehicle Code section 1 1 5 1 5.2(d)
shall be deducted from the refund amount.
NOTE: Authority cited: Section 10902, Revenue and Taxation Code; and Section
1651, Vehicle Code. Reference: Sections 9868 and 1 1515.2, Vehicle Code; and
Section 10902, Revenue and Taxation Code.
History
1 . Change without regulatory effect renumbering former section 205.08 to section
155.08 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
2. Amendment of section and Note filed 9-2-2004; operative 10-2-2004 (Regis-
ter 2004, No. 36).
§ 1 55.1 0. Repayment of the Refunded Vehicle License Fee.
(a) When a refund is received for an unrecovered total loss vehicle
which is subsequently recovered in the same registration year for which
the refund was received, the current owner shall return the amount of the
vehicle license fee refunded per section 155.08(a) of these regulations.
(I) When the repayment is not received by the department prior to the
subsequent renewal of the registration, the renewal fees will include the
amount of the vehicle license fee refunded per section 155.08(a) of these
regulations.
(b) When a refund is received for a constructive total loss vehicle
which is subsequently repaired and registered in the same registration
year for which the refund was received, the registration fees shall include
the amount of the vehicle license fee refunded per section 155.08(a) of
these regulations.
NOTE: Authority cited: Section 10902, Revenue and Taxation Code; and Section
1651, Vehicle Code. Reference: Sections 9868, 11515 and 1 1515.2, Vehicle code;
and Section 10902, Revenue and Taxation Code.
History
1 . Change without regulatory effect renumbering former section 205. 10 to section
155.10 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
2. Amendment of section and Note filed 9-2-2004; operative 1 0-2-2004 (Regis-
ter 2004, No. 36).
§ 1 56.00. Clean Air Vehicle Stickers.
(a) Applicants for Clean Air Vehicle Stickers shall complete an Ap-
plication for Clean Air Vehicle Suckers [Form REG 1000 (REV.
5/2007)] which is hereby incorporated by reference, and available at all
field offices and on the Internet at www.dmv.ca.gov.
Page 8.2(k)
Register 2008, No. 25; 6-20-2008
§ 156.01
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(b) Only vehicles thai meet both the Federal Inherently Low Emission
Vehicle standards [as defined in Part 88 (commencing with Section
88.311-93) of Title 40 of the Code of Federal Regulations] and the
California Ultra-Low Emission Vehicle (ULEV) or Super Ultra-Low
Emission Vehicle (SULEV) standards, [as defined in Title 13, Section
1 960. 1 , of the California Code of Regulations]; or hybrid vehicles or al-
ternative fuel vehicles that meet California's advanced technology par-
tial zero emission vehicle (ATPZEV) standards and have a 45 miles per
gallon or greater fuel economy rating; or hybrid vehicles produced dur-
ing the 2004 model year or earlier and have a 45 miles per gallon or great-
er fuel economy highway rating, and meet California's ULEV. SULEV,
or partial zero emission vehicle standards, as listed on the Air Resources
Board (ARB)'s Internet website at www.arb.ca.gov/msprog/carpool/
carpooI.htm, are eligible for Clean Air Vehicle Stickers and must be pow-
ered by one of the following:
(1) Electric (E);
(2) Liquid Petroleum Gas [LPG] (P);
(3) Compressed Natural Gas [CNG] (N);
(4) Hybrid [gasoline in combination with electric] Power (Q).
(c) If the applicant's vehicle(s) does not appear on the ARB's list of
eligible vehicles, the application shall be refused, and if necessary, the
department shall refer the applicant to the ARB's Internet website or toll
free telephone number (800) 242-4450, for assistance. A certification
from the ARB verifying the vehicle meets the emission standards as set
forth in subdivision (b) will be required by the department before stickers
may be issued.
(1) Vehicles converted by means of "aftermarket" kits to 100% elec-
tric power to meet the sticker qualification shall be referred to ARB's toll
free telephone number to obtain an ARB certification before stickers may
be issued.
(d) Registered owners who have a fleet of like vehicles may submit one
application for the entire fleet.
(1) A list shall be attached to the application, which identifies each ve-
hicle by:
(A) Vehicle Identification Number;
(B) License Plate Number,
(C) Make;
(D) Model and year.
(2) "Like" vehicles are those vehicles that are powered by the same en-
ergy source.
(e) If the application is incomplete or deficient, the department shall
notify an applicant, in writing, within 30 days of receipt of the applica-
tion.
(1 ) An application is considered deficient when the applicable require-
ments of these regulations are not fulfilled.
(A) When an application is determined to be deficient, the department
shall identify the specific requirement(s) needed to complete the applica-
tion.
(2) An application is considered complete when the applicable re-
quirements of these regulations have been fulfilled.
(A) When an application is determined to be complete, a set of stickers
shall be issued.
(f) An $8.00 application fee for each set of Clean Air Vehicle Stickers
requested and the completed application(s) as set forth in subdivision
(c)(1), along with a list as set forth in subdivision (d)(1), if applicable,
shall be mailed to:
SPECIAL PROCESSING UNIT - MS D238
DEPARTMENT OF MOTOR VEHICLES
P.O. BOX 932345
SACRAMENTO, CA 94232-3450
or delivered to any department field office.
(g) Number, color and placement of the Clean Air Vehicle stickers
shall be as follows:
(1) For vehicles meeting ULEV, SULEV, or ZEV standards [as de-
scribed in paragraph (b)], the stickers shall be of white material, issued
to each vehicle in sets of three. The two larger stickers shall be affixed
on each vehicle's rear quarter panels, one on each side of the vehicle, be-
hind the wheel wells, with the State Seal in the up position. The smaller
sticker in the set shall be affixed to the right side of the vehicle's rear bum-
per, with the State Seal in the up position.
(2) For vehicles meeting California's ATPZEV standards or hybrid
vehicles [as described in paragraph (b)], the stickers shall be of yellow
material, issued to each vehicle in sets of four, with placement as de-
scribed in paragraph (g)( 1), except that the fourth sticker shall also be of
the smaller size referenced in paragraph (g)(1) and shall be affixed to the
right side of the vehicle's front bumper.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 5205.5
and 21655.9, Vehicle Code.
History
1. New section filed 2-19-2002; operative 3-21-2002 (Register 2002, No. 8).
2. Amendment of subsections (a) and (b), new subsections (c)-(c)(l), subsection
relettering and amendment of newly desienated subsection (d)(1)(D) filed
7-7-2004; operative 8-6-2004 (Register 2004, No. 28).
3. Amendment of section heading and section filed 3-24-2006; operative
4-23-2006 (Register 2006, No. 12).
4. Change without regulatory effect amending subsection (a) and Form REG 1 000
(incorporated by reference) filed 7-25-2007 pursuant to section 100, title 1,
California Code of Regulations (Register 2007, No. 30).
5 . Change without regulatory effect amending subsection (g)(2) filed 1 0-23-2007
pursuant to section 100, title 1, California Code of Regulations (Register 2007,
No. 43).
§ 1 56.01 . Clean Air Vehicle Stickers: Transfers and
Replacements.
(a) Clean Air Vehicle Stickers shall remain with the qualifying vehicle
for which they were originally issued, regardless of changes in owner-
ship.
(b) A new Clean Air Vehicle certification document (i.e., "Clean Air
Certificate," issued with each set of Clean Air Vehicle Stickers) shall be
made available for subsequent (i.e., transfer) purchasers of qualifying ve-
hicles to which Clean Air Vehicle stickers have been issued. The depart-
ment shall issue a new Certificate which shall retain the vehicle descrip-
tion while providing the new ownership information.
(c) Clean Air Vehicle Stickers shall be made available for issuance in
complete sets as replacements for Clean Air Vehicle Stickers that are
damaged, destroyed, stolen or not received, provided that such replace-
ment stickers are issued to the same vehicle to which Clean Air Vehicle
Stickers were originally issued.
(d) Applicants for replacement Clean Air Vehicle Stickers or a re-
placement Clean Air Certificate shall complete an Application for Clean
Air Vehicle Stickers [Form REG 1000 (Rev. 10/2007)] which is hereby
incorporated by reference and made available to the public at all field of-
fices and on the department's internet website at www.dmv.ca.gov. The
applicant shall sign the application under penalty of perjury under the
laws of the State of California.
(e) An acceptable Application for Clean Air Vehicle Stickers, form
REG 1000, herein after referred to as "application," requesting replace-
ment stickers shall contain a check mark in the box labeled "Replacement
sticker" and a check mark in one of the boxes indicating the reason a re-
placement is needed.
(1) An acceptable application requesting replacement Clean Air Ve-
hicle Stickers that are declared "stolen" shall include a copy of the police
report that was created by the responding law enforcement agency to
which the stolen stickers were reported.
(2) An acceptable application requesting replacement Clean Air Ve-
hicle Stickers which have been declared "lost", "not received", "dam-
aged," or "destroyed," shall complete the vehicle information portion
and Parts G and H of a Statement of Facts (Form REG 256 (Rev. 1/2007)
which is hereby incorporated by reference and available to the public at
all field offices and on the department's internet website at
www.dmv.ca.gov. The applicant shall provide an explanation as to how
the stickers were lost, not received, damaged or destroyed.
(3) An acceptable application requesting a new Clean Air Certificate
only, due to the applicant acquiring a qualified vehicle through transfer,
shall contain the word "transfer" or other words to indicate a transfer has
taken place, in the space provided under the box marked "Other."
•
Page 8.2(1)
Register 2008, No. 25; 6-20-2008
Title 13
Department of Motor Vehicles
§ 159.00
(0 Any and all remaining Clean Air Vehicle Stickers previously as-
signed to a vehicle shall be removed and surrendered to the department,
either at a department field office or by mail to the address identified in
subsection (g) of this section, before replacement stickers are affixed to
the vehicle.
(g) An $8.00 fee for each set of Clean Air Vehicle Sticker replace-
ments and the completed application shall be mailed to:
SPECIAL PROCESSING UNIT — MS A 238
DEPARTMENT 01- MOTOR VEHICLES
P.O. BOX 932345
SACRAMENTO. CA 94232-3450
or delivered to any department field office. There is no fee for an appli-
cant requesting a Clean Air Certificate only.
(1) The $8.00 fee will not be required of an applicant who indicates on
the application that the original stickers were never received.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 5205.5
and 21655.9, Vehicle Code.
History
1. New section filed 6-16-2008; operative 7-16-2008 (Register 2008, No. 25).
§157.00. Firefighting Vehicles.
(a) A firefighting vehicle is defined as any vehicle that contains fire-
fighting apparatus and equipment which is designed and intended pri-
marily for firefighting. The following privately owned vehicles, when
operated upon a highway only in responding to, and returning from,
emergency fire calls, qualify as firefighting vehicles and are exempt from
registration:
(1) Fire trucks equipped with hose and ladders.
(2) Fire engines.
(3) Other vehicles permanently equipped with firefighting apparatus
and equipment.
(4) A tank truck operated solely in conjunction with a fire truck, fire
engine or other self propelled firefighting apparatus.
(b) Privately owned vehicles or a combination of vehicles, which are
not designed primarily for firefighting, including hazardous materials re-
sponse vehicles, dedicated rescue vehicles, command post communica-
tions vehicles, passenger vehicles, buses, mobile kitchens, mobile sanita-
tion facilities, and heavy equipment transport vehicles, do not qualify as
firefighting vehicles as defined under subdivision (a) of this section.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section
8589.10(c), Government Code; and Section 4015, Vehicle Code.
History
1. New section filed 4-17-2003; operative 5-17-2003 (Register 2003, No. 16).
§ 158.00. Zero Emission Vehicle Parking Decal.
(a) Applicants for a Zero Emission Decal shall complete an Applica-
tion for Zero Emission Parking Decal [Form REG 4048 (REV. 6/2003)],
which is hereby incorporated by reference and available at all field of-
fices and on the Internet at www.dmv.ca.gov.
(b) The issuance of the decal will be limited to zero emission vehicles
that use electricity as the motive power and require the use of recharging
equipment.
(I) A zero emission vehicle is defined as a car, truck, or any other ve-
hicle that provides no tailpipe or evaporative emissions.
(c) If the application is incomplete or deficient, the department shall
notify an applicant, in writing, within 30 days of receipt of the applica-
tion.
( 1 ) An application is considered deficient when the applicable require-
ments of these regulations are not fulfilled.
(A) When an application is determined to be deficient, the department
shall identify the specific requirement(s) needed to complete the applica-
tion.
(2) An application is considered complete when the applicable re-
quirements of these regulations have been fulfilled.
(A) When the application is determined to be complete, a decal shall
be issued.
(d) A completed application and a $17.00 fee for each Zero Emission
Vehicle Decal shall be mailed to:
SPECIAL PROCESSING UNIT — MS D238
DEPARTMENT OF MOTOR VEHICLES
PO BOX 932345
SACRAMENTO, CA 94232-3450
or delivered to any department field office.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 2251 1
and 2251 1.1, Vehicle Code.
History
1. New section filed 10-10-2003; operative 1 1-9-2003 (Register 2003, No. 41).
§159.00. Vehicle Classification.
(a) After determining the cost price to the purchaser, the department
shall classify or reclassify every vehicle, other than a trailer or semi-trail-
er described in subdivision (a) of Section 5014.1 of the Vehicle Code, in
its proper class according to the classification plan set forth in this sec-
tion.
(b) For the purpose of this section, a classification plan is established
consisting of the following classes: a class from zero dollars ($0) to and
including forty-nine and ninety-nine cents ($49.99); a class from fifty
dollars ($50) to and including one hundred ninety-nine dollars and nine-
ty-nine cents ($1 99.99); and thereafter a series of classes successively set
up in brackets having a spread of two hundred dollars ($200), consisting
of a number of classes that will permit classification of all vehicles.
[The next page is 8.3.]
Page 8.2(m)
Register 2008, No. 25; 6-20-2008
Title 13
Department of Motor Vehicles
§ 170.00
(c) The market value of a vehicle, other than a trailer or semi-trailer
as described in subdivision (a) of Section 5014. 1 of the Vehicle Code, for
each registration year, starting with the year the vehicle was first sold to
a consumer as a new vehicle, or the year the vehicle was first purchased
or assembled by the person applying for original registration in this state,
or the year the vehicle was sold to the current registered owner as a used
vehicle, shall be as follows: for the first year, 100 percent of a sum equal
to the middle point between the extremes of its class as established in
subdivision (b); for the second year, 90 percent of that sum; for the third
year, 80 percent of that sum; for the fourth year, 70 percent of that sum,
for the fifth year, 60 percent of that sum; for the sixth year, 50 percent of
that sum; for the seventh year, 40 percent of that sum; for the eighth year,
30 percent of that sum; for the ninth year, 25 percent of that sum; and for
the 10th year, 20 percent of that sum; and for the 1 1th year and each
succeeding year, 15 percent of that sum; provided, however, that the
minimum tax shall be the sum of one dollar ($1). Notwithstanding this
subdivision, the market value of a trailer coach first sold on and after Jan-
uary 1, 1966, which is required to be moved under permit as authorized
in Section 35790 of the Vehicle Code, shall be determined by the sched-
ule in Section 10753.3 of the Revenue and Taxation Code.
NOTE: Authority cited: Section 1651, Vehicle Code; and Section 1 0752, Revenue
and Taxation Code. Reference: Section 5014.1, Vehicle Code; and Sections
10751, 10752, 10752.1, 10753 and 10754, Revenue and Taxation Code.
History
1. New section filed 3-1-2004 as an emergency; operative 3-1-2004 (Register
2004, No. 10). A Certificate of Compliance must be transmitted to OAL by
6-29-2004 or emergency language will be repealed by operation of law on the
following day.
2. Certificate of Compliance as to 3-1-2004 order transmitted to OAL 6-16-2004
and filed 7-21-2004 (Register 2004, No. 30).
§ 159.10. Window Decal for Vehicles with a Wheelchair Lift
or Wheelchair Carrier.
(a) Applicants for a Window Decal shall complete Sections D and H
of a Miscellaneous Statements of Fact (REG 256, REV. 2/2004), which
is available at all field offices and on the Internet at www.dmv.ca.gov, as
follows:
(1) The disabled person plate, disabled veteran plate, or disabled per-
son placard number.
(2) The license number, vehicle make, and vehicle identification num-
ber of the vehicle to which the decal will be affixed.
(3) The name and address where the decal is to be mailed.
(4) A signature certifying under penalty of perjury under the laws of
the State of California that the information provided is true and correct.
(5) The date the form was signed.
(6) Daytime phone number.
(b) A decal bearing a vehicle's license plate number will be issued, at
no charge, to vehicles equipped with a wheelchair lift or wheelchair carri-
er, which obstructs the view of the vehicle's rear license plate. To qualify
for the decal, the applicant must have been issued one of the following:
(1) A disabled person license plate under Vehicle Code Section 5007;
(2) A disabled veteran license plate under Vehicle Code Section 5007;
(3) A disabled person permanent placard under Vehicle Code Section
22511.55.
(c) A completed Miscellaneous Statements of Fact form shall be
mailed to:
SPECIAL PROCESSING UNIT — MS D238
DEPARTMENT OF MOTOR VEHICLES
P.O. BOX 932345
SACRAMENTO, CA 94232-3450
Or delivered to any field office.
NOTE: Authority cited: Sections 1651 and 5201, Vehicle Code. Reference: Sec-
tions 1652 and 5201, Vehicle Code.
History
1. New section filed 5-3-2005; operative 6-2-2005 (Register 2005, No. 18).
Article 3.1. Special Interest License Plates
§ 160.00. Applications and Fees for Special Interest
License Plates.
(a) Sponsors of special interest license plates shall establish an account
in a federally insured financial institution for the deposit of the funds col-
lected for the required number applications, as specified in Vehicle Code
Section 5060(d)(1), for the special interest license plates.
(b) Sponsors shall submit monthly reports to the department indicat-
ing:
(1) Number of applications for special interest license plates received
in the reporting month, by type (sequential/Environmental License
Plate);
(2) Amount of fees collected in the reporting month, by type (sequen-
tiaVELP);
(3) Total number of applications and total amount of fees collected to
date.
(c) Sponsors shall submit the required number of applications, as spe-
cified in Vehicle Code Section 5060(d)( 1 ), for the initial issuance of spe-
cial interest license plates to the department, with a summary of the
monthly reports for audit purposes.
(d) The required number of initial applications, as specified in Vehicle
Code Section 5060(d)(1), for special interest license plates shall be sub-
mitted to the department with the associated fees collected by the spon-
soring organization:
(1) The fees shall be submitted to the department in the form of one
check payable in an amount equal to the fees due;
(2) The check shall be made payable in United States funds to the De-
partment of Motor Vehicles;
(3) The check shall be currently dated and signed by the person(s) des-
ignated as signatory(ies) for the account;
(4) The check shall be drawn on a California financial institution.
(e) Applications for the initial number of special interest license plates,
as specified in Vehicle Code Section 5060(d)(1), which are submitted to
the department with more than one check will be returned, unprocessed,
to the sponsor.
(f) Sponsors shall submit an annual report to the department as speci-
fied in Vehicle Code Section 5060(h).
NOTE: Authority cited: Sections 1651 and 51 10(a), Vehicle Code. Reference: Sec-
tion 5060, Vehicle Code.
History
1. Amendment of article 3.1 heading and new section filed 5-19-99; operative
6-18-99 (Register 99, No. 21).
2. Amendment of section and Note filed 2-5-2002; operative 3-7-2002 (Register
2002, No. 6).
ENVIRONMENTAL LICENSE PLATES
§ 170.00. Information Required on a Special
Interest/Environmental License Plate
Application.
(a) An application for special interest/environmental license plates, as
defined in Sections 5060 and 5103 of the Vehicle Code, shall be sub-
mitted in person or by mail to the department on a Special Interest Li-
cense Plate Application, Form REG 17 (Rev. 7/2000), provided by the
department and available on the Internet at www.dmv.ca.gov.
(1) If the application is made in person, it shall be made to any depart-
ment location which processes vehicle registrations.
(2) If the application is made by mail, it shall be sent to the Department
of Motor Vehicles, P.O. Box 932345, Sacramento, CA 94232-3450, or
to any department location which processes vehicle registrations.
(3) Another department-approved version of this form with a different
revision date shall be acceptable if the content of the form is in substantial
compliance with the requirements of this section.
Page 8.3
Register 2007, No. 30; 7-27-2007
§ 170.00 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 13
(b) The application shall be accompanied by the applicable fee speci- (3) The mailing address of the person who will be the plate owner,
fiedin Sections 4850, 5 106 and 5 108 of the Vehicle Code; thefeesched- (4) The name of the recipient, if the plates are a gift.
ule is on the back of the form. (5) An indication of whether the license plates will be assigned to an
(c) The application shall include the following information: auto, truck, trailer, or motorcycle, and the type of plate ordered.
(1) An indication of whether the application is for original plates, for (6) The location of the department or auto club office where the special
replacement plates or to reassign, hold or release current plates. interest/environmental license plates will be picked up or exchanged for
(2) The purchaser's or plate owner's true full name.
Page 8.4 Register 2007, No. 30; 7-27-2007
Title 13
Department of Motor Vehicles
§ 170.08
the current license plates and registration, if the license plates will not be
mailed.
(7) The applicant's first, second, and third choices of the configuration
of letters and numbers to appear on the license plates and the meaning of
each.
(A) The configuration shall comply with the specifications of Section
5105 of the Vehicle Code.
(B) When a desired configuration is not available, a letter shall not be
substituted for a number, nor shall a number be substituted for a letter,
to create another configuration of a similar appearance.
(C) The number zero shall not be used in the configuration.
(D) The department shall refuse any configuration that may carry con-
notations offensive to good taste and decency, or which would be mis-
leading, based on criteria which includes, but is not limited to, the follow-
ing:
1. The configuration has a sexual connotation or is a term of lust or de-
pravity.
2. The configuration is a vulgar term; a term of contempt, prejudice,
or hostility; an insulting or degrading term; a racially degrading term; or
an ethnically degrading term.
3. The configuration is a swear word or term considered profane, ob-
scene, or repulsive.
4. The configuration has a negative connotation to a specific group.
5. The configuration misrepresents a law enforcement entity.
6. The configuration has been deleted from regular series license
plates.
7. The configuration is a foreign or slang word or term, or is a phonetic
spelling or mirror image of a word or term falling into the categories de-
scribed in subdivisions 1. through 6. above.
(8) If the plate is reassigned, held for future use or relinquished, com-
plete the appropriate information as required:
(A) The special interest license plate number.
(B) The Vehicle Identification Number (VIN) of the vehicle the plate
was taken from.
(C) If reassigned, the current license plate number of the vehicle it will
be on and that vehicle's VIN
(D) An indication if the plate is being reserved for future use.
(E) An indication of release of interest in the plate.
(9) If the application is for replacement of lost, stolen or mutilated
plates indicate whether one or two plates are needed.
(10) A statement signed by the purchaser certifying under penalty of
perjury under the laws of the State of California that the purchaser has
provided true and correct information.
(11) The date the application is signed.
(12) The purchaser's daytime telephone number.
(13) If the plate is being purchased as a gift, the plate owner specified
in subdivision (c)(4), of this regulation, shall be the recipient, and the pur-
chaser specified in subdivisions (c)(2), (10), and (12), of this regulation,
shall be the applicant.
(d) The department shall not honor a request for a change of choice or
spacing in the letter/number configuration, or a request for a refund, after
the license plate reservation is made, unless the request is due to depart-
mental error.
(1) If the department erred when making the special interest/environ-
mental license plate reservation, and the plate owner requests a change,
the plate owner shall be permitted to submit a new special interest/envi-
ronmental license plates application without payment of additional fees.
(2) If the department did not err when making the reservation, a new
application and application fees shall be submitted for any change in the
configuration.
NOTE: Authority cited: Sections 1651, 1652 and 5110, Vehicle Code. Reference:
Sections 4850, 5060,5101, 5102,5103, 5105,5106, 5108 and5109, Vehicle Code.
History
1 . New section filed 9-27-94; operative 10-27-94 (Register 94, No. 39).
2. Amendment of section heading, section and Note filed 2-5-2002; operative
3-7-2002 (Register 2002, No. 6).
3. Editorial correction of subsection (c)(7)(D)7. (Register 2002, No. 23).
§ 170.02. Assignment of Environmental License Plates to
Leased or Company Vehicle.
(a) If the applicant is the lessee of the vehicle to which the environmen-
tal license plates are to be assigned but the registration certificate does not
show the applicant's name as the lessee, a statement of facts authorizing
the use of the environmental license plates on the vehicle shall be re-
quired from the leasing company.
(b) If the environmental license plates are to be assigned to a company
vehicle, a statements of facts authorizing the use of the environmental li-
cense plates on the vehicle shall be required from the company.
NOTE: Authority cited: Sections 165 1 and 5110, Vehicle Code. Reference: Sec-
tions 5101, 5104 and 5105, Vehicle Code.
History
1. New section filed 9-27-94; operative 10-27-94 (Register 94, No. 39).
§ 170.04. Receipt of Environmental License Plates as a
Gift.
(a) A statement of facts shall be required when the plates were ordered
as a gift and the purchaser's name was incorrectly listed as the plate own-
er.
(1) The statement of facts shall indicate that the plates are a gift to the
registered owner or lessee of the vehicle to which the plates will be as-
signed and that no money changed hands.
(2) The statement of facts shall be completed either by the original
applicant or the recipient.
NOTE: Authority cited: Sections 1651 and 51 10. Vehicle Code. Reference: Sec-
tions 5101, 5104 and 5105, Vehicle Code.
History
1. New section filed 9-27-94; operative 10-27-94 (Register 94, No. 39).
§ 1 70.06. Surrender of Current Plates.
(a) When application for environmental license plates is made for a
currently registered vehicle, and the vehicle to which the plates will be
assigned is known, the current plates shall be surrendered to the depart-
ment at the time of application, with the following exception:
(1 ) If the current plates are not available, the applicant shall complete
a statement of facts.
(A) The statement of facts shall state that the applicant understands
that the current plates are no longer valid and the applicant will destroy
the plates.
1 . The plates shall be considered destroyed when they are mutilated in
a manner which renders them useless.
(b) When the vehicle to which the plates will be assigned is unknown
at the time of application, the current plates and registration certificate
shall be surrendered when the environmental license plates are picked up
and assigned to the vehicle, with the following exception:
(1) If the current plates are not available, the applicant shall complete
a statement of facts.
(A) The statement of facts shall state that the applicant understands
that the current plates are no longer valid and the applicant will destroy
the plates.
1 . The plates shall be considered destroyed when they are mutilated in
a manner which renders them useless.
NOTE: Authority cited: Sections 1651 and 51 10, Vehicle Code. Reference: Sec-
tions 5101 and 5105, Vehicle Code.
History
1. New section filed 9-27-94; operative 10-27-94 (Register 94, No. 39).
§ 170.08. Delivery of Environmental License Plates.
(a) When the vehicle to which the plates will be assigned is known and
the registration documents are furnished at the time of application, the
department shall mail the plates to the plate owner.
(b) When the vehicle to which the plates will be assigned is unknown
or the registration documents are not furnished at the time of application,
the department shall notify the plate owner when the plates have been de-
livered to the designated office.
(1) The department shall make three attempts by telephone or mail to
contact the plate owner to pick up the plates and assign them to a vehicle.
Page 8.5
Register 2005, No. 18; 5-6-2005
§ 170.10
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(A) If the owner does not respond within four months of the first con-
tact attempt, the department shall notify the owner in writing that priority
to the plates will be lost in 30 days and the plates will be destroyed.
NOTE: Authority cited: Sections 1651 and 5110, Vehicle Code. Reference: Sec-
tions 5104 and 5105, Vehicle Code.
History
I. New section filed 9-27-94; operative 10-27-94 (Register 94, No. 39).
§ 170.10. Retention of Environmental License Plates.
(a) When payment of registration renewal fees is not required as speci-
fied in Vehicle Code Section 4000 for a vehicle to which the environmen-
tal license plate was last assigned, the environmental license plate owner
shall be permitted to retain the plate upon payment of an annual retention
fee of $25, as specified in Vehicle Code Section 5106(c).
(1) If the annual retention fee is not paid by the expiration of the regis-
tration year for which payment of registration renewal fees is not re-
quired, the plate owner shall lose ownership and the letter/number con-
figuration shall become available for reassignment.
NOTE: Authority cited: Sections 1651 and 5110, Vehicle Code. Reference: Sec-
tions 5105 and 5106, Vehicle Code.
History
1. New section filed 9-27-94; operative 10-27-94 (Register 94, No. 39).
§ 170.12. Cancellation of Environmental License Plates.
(a) Pursuant to Vehicle Code Section 5 105, the department shall can-
cel and order the return of any environmental license plate previously is-
sued which contains any configuration of letters and/or numbers which
the department later determines may carry connotations offensive to
good taste and decency.
(1) The department shall base this determination on the criteria speci-
fied in Section 170.00(c)(3)(D).
(b) The department shall notify the plate owner in writing of the can-
cellation and advise the plate owner of the options available for further
action, as specified in Vehicle Code Section 5105(b).
(1) Pursuant to Vehicle Code Section 5105(b), the plate owner shall
be entitled to a hearing by submitting a written request to the department
no later than ten departmental business days after receiving the notifica-
tion.
NOTE: Authority cited: Sections 1651 and 5110, Vehicle Code. Reference: Sec-
tion 5105, Vehicle Code.
History
1. New section filed 9-27-94; operative 10-27-94 (Register 94, No. 39).
FORMER PRISONER OF WAR PLATES
§ 1 71 .00. Requirements for Former Prisoner of War
License Plates.
(a) To be eligible for former Prisoner of War license plates, the appli-
cant for plate ownership must meet the definition of a former prisoner of
war as described in Section 324.5 of the Vehicle Code.
(b) In addition to the requirements specified in Sections 170.00
through 170.08 for environmental license plates, the applicant shall pres-
ent proof of the registered owner's or lessee's eligibility for a former Pris-
oner of War license plate by submitting to the department one of the fol-
lowing documents:
(1 ) A letter of verification from the National Personnel Records Center
showing the registered owner' s or lessee's name and establishing that the
registered owner or lessee was held a prisoner of war by forces hostile to
the United States during a period of armed conflict.
(2) An official document which substantiates that the registered owner
or lessee was a prisoner of war, such as a Veterans Administration Hospi-
tal Card marked "POW" or military discharge papers which declare the
bearer to be an ex-prisoner of war.
(c) The evidence submitted to the department shall be returned to the
applicant.
(d) The configuration specified in Section 170.00(c)(3) shall meet the
specifications of Vehicle Code Section 5101.5.
NOTE: Authority cited: Sections 1651 and 51 10, Vehicle Code. Reference: Sec-
tions 324.5, 5101.5, 5106 and 5108, Vehicle Code.
History
1 . New section filed 9-27-94; operative 10-27-94 (Register 94. No. 39).
§ 171.02. Number of Prisoner of War License Plate Sets.
(a) Upon application, submission of eligibility proof, and payment of
fees specified in Section 1 70.00(b), additional sets of Prisoner of War li-
cense plates, each set bearing a different configuration, shall be issued
for each vehicle owned or leased by the former prisoner of war.
NOTE: Authority cited: Sections 1651 and 5110, Vehicle Code. Reference: Sec-
tion 5101.5, Vehicle Code.
History
1 . New section filed 9-27-94; operative 10-27-94 (Register 94, No. 39).
§ 1 71 .04. Surrender of Prisoner of War License Plates
upon Death.
(a) Prisoner of War license plates shall be surrendered to the depart-
ment within 60 days after the death of the former prisoner of war.
(b) Prisoner of War license plate ownership shall not be transferred to
any other person, including the co-owner of the vehicle.
NOTE: Authority cited: Sections 1651 and 51 10, Vehicle Code. Reference: Sec-
tion 5101.5, Vehicle Code.
History
1 . New section filed 9-27-94; operative 10-27-94 (Register 94, No. 39).
PRESS PHOTOGRAPHER LICENSE PLATES
§172.00. Definitions.
(a) A press photographer is a person who is regularly employed or en-
gaged as:
(1) A newspaper photographer or cameraman.
(2) A newsreel photographer or cameraman.
(3) A television photographer or cameraman.
(4) A newsmagazine photographer or cameraman.
(5) A news gathering company photographer or cameraman.
(b) Regularly employed means full time employment (with the princi-
pal assignment as a photographer or cameraman) by:
(1) A newspaper.
(2) A newsmagazine.
(3) A news gathering company.
(4) A newsreel company.
(5) A television station.
(6) A company taking pictures for newspapers, newsmagazines, news
gathering companies, for newsreels, or for presentation on television.
(c) Regularly engaged means devoting more than 50 percent of em-
ployment time or deriving more than 50 percent of personal income from
taking pictures for newspapers, newsmagazines, news gathering com-
panies, for newsreels, or for television.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 5008, Ve-
hicle Code.
History
1 . Change without regulatory effect renumbering former section 2 1 0.00 to section
172.10 and adding article 3.1 heading filed 7-19-93 pursuant to title 1, section
100, California Code of Regulations (Register 93, No. 30).
§172.05. Application.
(a) Application for press photographer license plates shall be com-
pleted upon an appropriate form provided by the department.
(b) Proof that an applicant is a press photographer as defined herein
shall consist of:
(1) The applicant's certification to that effect.
(2) The name and address of the newspaper, newsmagazine, news
gathering company, newsreel company, television station, or company
taking pictures for presentation on television he is employed by or to
which he sells pictures or his services.
NOTE: Authority cited: Section 1651 , Vehicle Code. Reference: Section 5008, Ve-
hicle Code.
History
1 . Change without regulatory effect renumbering former section 2 1 0.05 to section
172.05 filed 7-1 9-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
Page 8.6
Register 2005, No. 18; 5-6-2005
Title 13
Department of Motor Vehicles
§ 173.06
§172.10. Plates.
(a) Press photographer license plates may be issued to not more than
one motor vehicle registered (either solely or jointly with one or more
owners) to a person who is a press photographer as defined herein.
(b) The press photographer license plates issued to a motor vehicle
shall be surrendered to the Department of Motor Vehicles immediately
when
(1) The press photographer owner ceases to be a press photographer
as defined herein.
(2) The vehicle is transferred from the registered ownership of the
press photographer.
(c) Press photographer license plates shall be used only on the motor
vehicle to which they have been assigned by the Department of Motor
Vehicles.
NOTE: Authority cited: Section 1 65 1 , Vehicle Code. Reference: Section 5008, Ve-
hicle Code.
History
1 . Change without regulatory effect renumbering former section 21 0. 1 0 to section
1 72. 1 0 filed 7-19-93 pursuant to title 1 , section 1 00, California Code of Regu-
lations (Register 93, No. 30).
§ 1 72.1 5. Display of Validating Stickers.
NOTE: Authority cited: Sections 1651 and 5205, Vehicle Code. Reference: Sec-
tions 4457 and 5204, Vehicle Code.
History
1. Change without regulatory effect renumbering former section 210.15 to section
172.15 filed 7-1 9-93 pursuant to title 1 , section 1 00, California Code of Regu-
lations (Register 93, No. 30).
2. Repealer filed 9-6-96; operative 10-6-96 (Register 96, No. 36).
LEGION OF VALOR AND PURPLE HEART
LICENSE PLATES
§ 173.00. Application Requirements for Legion of Valor
License Plates or Purple Heart License Plates.
(a) An application for Legion of Valor license plates or Purple Heart
license plates for a vehicle currently registered in California shall be sub-
mitted to the department on a Special License Plate Application, Form
REG. 583 (12/91), provided by the department and shall include the fol-
lowing information:
(1) The vehicle identification number of the vehicle which will be as-
signed Legion of Valor or Purple Heart license plates.
(2) The make of the vehicle which will be assigned Legion of Valor
or Purple Heart license plates.
(3) The current license plate number of the vehicle to which the Legion
of Valor or Purple Heart license plates will be assigned.
(4) The true full name of the registered owner of the vehicle which will
be assigned Legion of Valor or Purple Heart license plates.
(A) To be eligible for a Legion of Valor license plate, the registered
owner must be the recipient of one or more of the following medals:
Army Medal of Honor, Navy Medal of Honor, Air Force Medal of Honor,
Army Distinguished Service Cross, Navy Cross or Air Force Cross.
(B) To be eligible for a Purple Heart license plate, the registered owner
must be a recipient of a Purple Heart.
(5) The address of the registered owner.
(6) A statement signed and dated by the registered owner certifying
under penalty of perjury under the laws of the State of California that all
the information entered on the application by the registered owner is true
and correct.
(7) The registered owner's daytime telephone number.
(8) An indication of whether the vehicle to which the Legion of Valor
license plates will be assigned is classified as auto/commercial or trailer.
(A) Legion of Valor license plates shall not be assigned to motor-
cycles.
(9) An indication of whether the vehicle to which the Purple Heart li-
cense plate will be assigned is classified as auto/commercial, motorcycle,
or trailer.
(10) An indication that the type of plates requested are Legion of Valor
or Purple Heart license plates.
(b) The application shall be submitted with:
(1) Proof of eligibility as specified in Section 173.02 for Legion of
Valor license plates or Section 173.04 for Purple Heart license plates.
(2) The fee required by Section 5101.4 of the Vehicle Code for Legion
of Valor license plates; or
(3) In addition to the regular fees for an original or renewal registra-
tion, a fee of $36 for Purple Heart license plates, unless the recipient is
exempt from the additional fees for one vehicle pursuant to Section
5101.8(d) of the Vehicle Code.
(4) The current registration certificate.
(c) The current plates shall be surrendered to the department at the time
of application, with the following exception:
(I) If the current plates are not available, the applicant shall complete
a statement of facts.
(A) The statement of facts shall state that the applicant understands
that the current plates are no longer valid and the applicant will destroy
the plates.
1. The plates shall be considered destroyed when they are mutilated in
a manner which renders them useless.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 5101.4
and 5 101 .8, Vehicle Code.
History
1. New section filed 9-27-94; operative 10-27-94 (Register 94, No. 39).
§ 173.02. Additional Requirement for Legion of Valor
License Plate Application.
(a) In addition to meeting the requirements specified in Section
173.00, the registered owner shall provide proof of eligibility by surren-
dering to the department a copy of one of the following documents, con-
taining the medal recipient's name and type of medal awarded, which
shall be retained by the department:
(1) Department of Defense form D.D. 214.
(2) A General Order issued by the Department of Defense.
(3) Correspondence with a letterhead from the Awards and Decora-
tions Unit, Department of Defense, The Pentagon, Washington, D.C.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 5101.4,
Vehicle Code.
History
1. New section filed 9-27-94; operative 10-27-94 (Register 94, No. 39).
§ 173.04. Additional Requirement for Purple Heart License
Plate Application.
(a) In addition to meeting the requirements specified in Section
173.00, the registered owner shall provide proof of eligibility by surren-
dering to the department a copy of one of the following documents, con-
taining the Purple Heart recipient's name, which shall be retained by the
department.
(1) Orders awarding the Purple Heart.
(2) The applicant's service record or discharge papers showing receipt
of the Purple Heart award.
(3) Certification from a Purple Heart organization.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 5101.8,
Vehicle Code.
History
1. New section filed 9-27-94; operative 10-27-94 (Register 94, No. 39).
§ 1 73.06. Number of Legion of Valor or Purple Heart
License Plate Sets.
(a) Upon application, submission of eligibility proof, and payment of
the applicable fee specified in Section 173.00(b)(2) and (3), additional
sets of Legion of Valor or Purple Heart license plates, each set bearing
a different configuration, shall be issued for each vehicle owned by the
medal or Purple Hear recipient, respectively, regardless of the number of
awards received.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 5101.4
and 5101.8, Vehicle Code.
Page 8.7
Register 2007, No. 26; 6-29-2007
§ 173.08
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
History
1. New section filed 9-27-94; operative 10-27-94 (Register 94, No. 39).
§ 173.08. Surrender of Purple Heart License Plates upon
Death.
(a) Purple Heart license plates shall be surrendered to the department
within 60 days of the death of the Purple Heart recipient.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 5101.8,
Vehicle Code.
History
1. New section filed 9-27-94; operative 10-27-94 (Register 94, No. 39).
§ 174.00. Requirements for Fire Fighter License Plates.
(a) To be eligible for Fire Fighter license plates, the registered owner
must be a fire fighter or retired fire fighter.
(b) In addition to the requirements specified in Sections 170.00
through 170.08 for environmental license plates, the applicant shall pres-
ent proof of the registered owner's eligibility for Fire Fighter license
plates by submitting to the department one of the following documents,
containing the fire fighter's name:
(1) Applicant's fire department identification card; or
(2) Applicant' s International Association of Fire Fighters membership
card; or
(3) Applicant's California Professional Fire Fighters Callback
Association membership card; or
(4) Written documentation from the California Professional Firefight-
ers verifying the applicant's eligibility.
NOTE: Authority cited: Sections 1651 and 51 10(a), Vehicle Code. Reference: Sec-
tion 5101.2, Vehicle Code.
History
1. New section filed 6-10-99; operative 7-10-99 (Register 99, No. 24).
§ 1 80.00. Application for Regular Series License Plates for
State-Owned University Vehicle.
(a) In addition to the requirements for registration of a vehicle pursuant
to Vehicle Code Section 4150 and 4150.2, the applicant for regular series
license plates for a state-owned vehicle assigned to a university chancel-
lor or president of the University of California or California State Univer-
sity, or one of their campuses, shall submit to the department a request
for such plates. The request shall be completed on university letterhead
and signed by the president, or his or her designee, of either the Taistees
of the California State University or the Regents of the University of Cali-
fornia, as applicable. The request shall identify the following:
(1) The chancellor or president to whom the vehicle will be assigned.
Identification shall include the person's name, title, and driver license
number and the name of the university system or campus of which the
person is the president or chancellor.
(2) The vehicle to which the regular series license plates will be as-
signed.
(A) For original registrations, the vehicle identification shall include
the make, model, vehicle identification number, and the date the vehicle
was first sold by a manufacturer, remanufacturer or dealer to a consumer.
(B) For non-original registrations, the vehicle identification shall in-
clude the make, model, vehicle identification number, and vehicle li-
cense number.
(b) In addition to the request specified in subsection (a), when regular
series license plates are ordered to replace exempt license plates, an
Application for Duplicate or Substitute, Form REG 156 (Rev. 4/92), shall
be completed and signed by the applicant to whom the vehicle is as-
signed. The Application for Duplicate or Substitute shall include:
(1) An indication that the type of substitute item being requested is a
license plate.
(2) The vehicle license number, make, and vehicle identification num-
ber.
(3) An indication that the plates for which replacement is being re-
quested are being surrendered to the department.
(4) A signed and dated certification under penalty of perjury under the
laws of the State of California that the information provided is true and
correct.
(5) The applicant's name, address and telephone number.
(c) When regular series license plates are ordered to replace exempt
license plates, the exempt license plates shall be surrendered to the de-
partment at the time of application.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 5002.6.
HrSTORY
1. New section filed 4-10-95; operative 5-10-95 (Register 95, No. 15).
§180.02. Surrender of Regular Series License Plates
Upon Reassignment of Vehicle.
(a) When the vehicle to which the regular series plates have been as-
signed is reassigned to a person other than the person who requested the
plates, the trustees or regents shall remove the regular series plates from
the vehicle on the effective date of the reassignment and shall surrender
the regular series plates to the department no later than 60 days after the
vehicle reassignment.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 5002.6.
History
1. New section filed 4-10-95; operative 5-10-95 (Register 95, No. 15).
§ 181.00. Foreign Organization License Plates.
(a) Officers and designated employees of the Taipei Economic and
Cultural Office (TECO) are eligible for exemption from registration fees
and are entitled to apply for special Foreign Organization license plates.
The American Institute in Taiwan, located in Arlington, Virginia, shall
be authorized to verify the official status of these officers and employees
and notify the department.
(1) The notification shall be in writing and shall include the officer's
or employee's name, official status, and the date the officer's or em-
ployee's appointment is approved.
(b) Upon successful completion of the application process by a TECO
officer or designated employee, the department shall grant exemption
from registration fees and issue a special Foreign Organization license
plate bearing the words, "Foreign Organization," for a vehicle owned or
leased by the officer or employee.
(c) The TECO officer or designated employee shall apply to the de-
partment for registration exemption and special Foreign Organization li-
cense plates by doing the following for each vehicle owned or leased by
the officer or employee:
(1) Complete and present to the department in person or by mail the
following portions of Miscellaneous Certifications, Form REG 256A
(Rev. 2/2007), provided by the department, which shall contain the fol-
lowing information:
(A) The vehicle identification number; license plate number; vehicle
make and year.
(B) An indication that the vehicle is exempt from registration because
the registered owner is an officer or designated employee of TECO (Part
B).
(C) A certification, signed and dated by the applicant under penalty of
perjury, that the information on the form is true and correct (Part F).
(D) The daytime telephone number of the applicant (Part F).
(2) Provide the Certificate of Title or bill of sale for an original/nonre-
sident vehicle.
(3) Provide a photocopy of the Tax Exemption Card (BT 111) issued
by the California State Board of Equalization and an identification card
issued by the Department of State.
(4) If applicable, surrender the current state or country license plates,
or sign a statement of facts certifying the plates will be destroyed and dis-
posed of in a manner which renders them useless.
(5) Provide a certificate of compliance as specified in Vehicle Code
section 4000.1.
(d) The department shall refund any registration fees previously paid
on the vehicle by a TECO officer or designated employee for the period
after the official approval date of appointment specified pursuant to sub-
division (a)(1).
Page 8.8
Register 2007, No. 26; 6-29-2007
Title 13
Department of Motor Vehicles
§ 182.01
(e) The registration fee exemption does not apply to duplicate certifi-
cates or substitute license plates. A TECO officer or designated em-
ployee shall be required to pay the fees specified in Vehicle Code sec-
tions 4850(c) and 9265 when applying for duplicate certificates and
substitute license plates.
(f) Registration of the vehicle owned or leased by a TECO officer or
designated employee expires on December 31 of each year.
(g) If a TECO officer or designated employee transfers ownership of
a vehicle to another person, the TECO officer or employee shall remove
the Foreign Organization plates from the vehicle on the effective date of
the transfer and shall surrender the plates to the department within 60
days of transfer of ownership.
NOTE: Authority cited: Sections 1651 and 5006.5, Vehicle Code. Reference: Sec-
tions 1652 and 5006.5, Vehicle Code; and Sections 10781 and 10901, Revenue
and Taxation Code.
History
1. New section filed 7-21-97; operative 8-20-97 (Register 97, No. 30).
2. Amendment filed 12-21-98; operative 1-20-99 (Register 98, No. 52).
3. Editorial correction of subsection (c)(1)(A) (Register 2003, No. 20).
4. Change without regulatory effect amending subsections (c)(1) and
(c)(l)(B)-(D) filed 6-26-2003 pursuant to section 100, title 1, California Code
of Regulations (Register 2003, No. 26).
5. Change without regulatory effect amending subsection (c)(l ) filed 6-29-2007
pursuant to section 100, title 1, California Code of Regulations (Register 2007,
No. 26).
DISABLED PERSON PLACARDS OR PLATES
§182.00. Definitions.
(a) Disabled Person Permanent Placard — A placard that has a fixed
expiration date of June 30 every odd numbered year that is issued to per-
manently disabled persons meeting the disability requirements in Sec-
tion 295.5 of the Vehicle Code.
(b) Disabled Person Temporary Placard — A placard that is issued for
a maximum of six (6) months to a temporarily disabled person meeting
the disability requirements in Section 295.5 of the Vehicle Code.
(c) Disabled Person Travel Placard — A placard issued to permanently
disabled persons meeting the disability requirements in Section 295.5 of
the Vehicle Code. The placard is issued to California residents for no
more than thirty (30) days and to non-residents for no more than ninety
(90) days.
(d) Readily observable and uncontested permanent disability — The
disability of any person who has lost or has lost use of, one or more lower
extremities or both hands.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 295.5,
5007, 2251 1 .55 and 2251 1 .59, Vehicle Code.
History
1. New section filed 3-26-2007; operative 4-25-2007 (Register 2007, No. 13).
§ 182.01. Application for Disabled Person Placard or
Plates Form.
(a) Applicants for a disabled person placard or plates shall complete
and submit an Application for Disabled Person Placard or Plates form
(REG 195, REV 2/2007), which is hereby incorporated by reference.
This form is available on the department's internet website at
www.dmv.ca.gov, in any field office, or by calling the department's
Telephone Service Center at (800) 777-0133. The form shall contain the
following information:
(1) The type of disabled person placard being requested and/or if dis-
abled person license plates are being requested.
(2) The applicant's true full name or organization name.
(3) The applicant's residence address or organization address.
(4) The applicant's or organization's mailing address, if different from
the residence address.
(5) The applicant's date of birth. This information is not required for
an organization or government agency.
(6) The applicant's driver license or identification card number, if one
has been issued. This information is not required for an organization or
government agency.
(7) The applicant's daytime telephone number.
(8) An indication of whether California disabled person or disabled
veteran license plates or permanent parking placard have previously
been issued. If the applicant indicates that license plates or a placard have
previously been issued, the plate or placard number must be provided.
(9) If the applicant is requesting disabled person license plates, a cur-
rent license plate number, a vehicle identification number and make of
the vehicle to which the disabled person license plates will be affixed. For
a new vehicle purchase, only the vehicle identification number and ve-
hicle make are required. To qualify for disabled person license plates, the
applicant must provide a registration card in the applicant's name or doc-
uments to register the vehicle in the applicant's name. License plates cur-
rently assigned to the vehicle must be surrendered to the department.
(A) An indication of whether the applicant is requesting an exemption
from weight fees for the vehicle described. (Note: To qualify for an ex-
emption, the vehicle must weigh less than 8,001 pounds unladen.)
( 10) A statement by the applicant certifying that the applicant has read
the information in Section D and fully understands and takes responsibil-
ity for the use of the disabled person placard or plates that are issued, and
certifies under penalty of perjury under the laws of the State of California
that the information provided in the application is true and correct and the
applicant is a disabled person as defined under California Vehicle Code
Section 295.5. The applicant shall designate if the disability is permanent
or temporary and indicate what the disability is due to. The applicant shall
sign and date the application and indicate the city and state in which the
signature was executed.
(A) The application may be completed and signed by a parent or
guardian of a disabled minor if parts G and H of a Statement of Facts form
(REG 256, REV 9/2005), which is hereby incorporated by reference, are
completed and signed by a parent or guardian indicating his or her rela-
tionship to the minor. This form is available on the department's website
at www.dmv.ca.gov, in any field office or by calling the department's
Telephone Service Center at (800) 777-0133.
(B) A person, other than the applicant, may complete the application
if the applicant's disability prevents him or her from completing the ap-
plication. Parts G and H of a Statement of Facts form (REG 256, REV
9/2005, which is hereby incorporated by reference, must be completed
and signed indicating relationship to the applicant.
(11) The Doctor's Certification of Disability completed by a licensed
physician, surgeon, chiropractor, optometrist, physician assistant, nurse
practitioner, or certified nurse midwife that states the applicant meets the
disability requirements described in Section 295.5 of the Vehicle Code.
The physician shall indicate the type of qualifying criteria and provide
any additional qualifying information.
(12) The doctor, physician assistant, nurse practitioner, or certified
nurse midwife shall indicate the type of placard that is to be issued and
the length of time a temporary or travel placard is to be issued.
(13) The doctor, physician assistant, nurse practitioner, or certified
nurse midwife's name, address, daytime telephone number and medical
license number.
(14) A statement by the doctor, physician assistant, nurse practitioner,
or certified nurse midwife, certifying under penalty of perjury under the
laws of the State of California that all statements provided on the applica-
tion are true and correct and he or she will retain information sufficient
to substantiate the certification and shall make that information available
for inspection by the Medical Board of California at the department's re-
quest. The doctor, physician assistant, nurse practitioner, or certified
nurse midwife shall sign and date the certification and indicate the city
and state in which the signature was executed.
(A) The Doctor's Certification of Disability is not required if the appli-
cant indicates that a disabled person or disabled veteran license plate or
placard have previously been issued unless the placard was cancelled by
the department or if the placard is no longer on record with the depart-
ment.
(B) The Doctor' s Certification of Disability is not required if the appli-
cant appears in person and has a readily observable and uncontested per-
Page 8.9
Register 2007, No. 26; 6-29-2007
§ 182.02
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
manent disability as specified in section 182.00(d) and the disability is
verified by an employee of the Department of Motor Vehicles.
(C) The Doctor' s Certification of Disability is not required for an orga-
nization or government agency involved in the transportation of disabled
persons or disabled veterans. The applicant must complete Parts G and
H of a Statement of Facts form (REG 256 9/2005), which is hereby incor-
porated by reference, certifying the organization or government agency
is involved in the transportation of disabled persons or disabled veterans.
(15) The signature, office number, date and identification number of
the Department of Motor Vehicles employee who certifies a readily ob-
servable and uncontested disability as specified in section 182.00(d).
(b) The completed form with the applicable fee may be mailed to:
DMV PLACARD
P.O. BOX 942869
SACRAMENTO, CA 94269-0001
Or submitted to any Department of Motor Vehicles field office.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 295.5,
5007, 2251 1.55 and 22511.59, Vehicle Code.
History
1. New section filed 3-26-2007; operative 4-25-2007 (Register 2007, No. 13).
§ 182.02. Surrender of Disabled Person License Plates
and/or Permanent Disabled Person Placards
upon Death.
(a) The disabled person license plates and/or placard shall be surren-
dered to the department within sixty (60) days of the death of the disabled
person or upon the expiration of the vehicle registration, whichever oc-
curs first.
(1) The disabled person license plates shall not be transferred to any
other person, including the co-owner of the vehicle.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 5007
and 22511.55(d), Vehicle Code.
History
1. New section filed 3-26-2007; operative 4-25-2007 (Register 2007, No. 13).
Article 3.2. Registration of Vessels
§ 1 90.00. Display of Numbers.
(a) The number issued to each undocumented vessel shall be displayed
in the following manner:
(1) Be painted on or permanently attached to each side of the forward
half of the vessel.
(2) Be in plain vertical block characters of not less than 3 inches in
height.
(3) Contrast with the color of the background and be distinctly visible
and legible.
(4) Have spaces or hyphens that are equal to the width of a letter other
than "I" or a number other than"l" between the prefix and the number,
and the number and the suffix.
EXAMPLE: CF 1234 AB
(5) Letters and numbers to read from left to right.
(b) Vessels used by a manufacturer or by a dealer for testing or demon-
strating shall have the number painted on or attached to removable plates
that are temporarily but firmly attached to each side of the forward half
of the vessel.
(c) On inflatable vessels or on vessels so configured that a number on
the hull or superstructure would not be clearly visible or properly adhere,
the number shall be painted on or attached to a backing plate that is at-
tached to the forward half of the vessel so that the number is visible from
each side of the vessel.
(d) No numerals, letters or devices other than those used in connection
with the state number issued shall be placed in the proximity of the state
number, and no numerals, letters or devices which might interfere with
the ready identification of the vessel by its state number shall be carried
on any part of the vessel.
NOTE: Authority cited: Sections 1651 and 9853.2, Vehicle Code. Reference: Sec-
tions 9850, 9853.2 and 9857, Vehicle Code; and CFR, Title 33, Sections 173.19,
173.27, 174.13 and 174.14.
History
1 . Change without regulatory effect renumbering former section 300.00 to section
190.00 and amending article heading filed 7-19-93 pursuant to title 1, section
100, California Code of Regulations (Register 93, No. 30).
§ 190.01. Registration Stickers.
The registration stickers issued by the department under the authority
of Vehicle Code Section 9853.4 to identify a vessel as currently regis-
tered shall be securely affixed on each side of the vessel three inches aft
(toward the stern) of and directly in line with the registration numbers and
shall be so maintained as to be clearly visible at all times.
NOTE: Authority cited: Sections 1651 and 9853.4, Vehicle Code. Reference: Sec-
tion 9853.4, Vehicle Code; and CFR, Title 33, Section 174.15.
History
1 . Change without regulatory effect renumbering former section 300.01 to section
190.01 filed 7-1 9-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§190.02. Proof of Ownership.
Proof of ownership of vessels may be established for the purposes of
Vehicle Code Section 9852 by one of the following:
(a) A Bill of Sale executed by the seller showing the name and address
of the seller, name and address of the purchaser, the name and address of
the legal owner if any, the location and date of sale, and description of
the vessel; or a Certificate of Sale executed by the seller under oath show-
ing the information required to be shown on the Bill of Sale.
(b) A properly endorsed document indicating title if the vessel has
been numbered and issued a title by another state.
(c) Where neither (a) nor (b) above is appropriate, an affidavit ex-
ecuted by the applicant fully setting forth the facts to support applicant's
claim of ownership in the vessel. Affidavits for materials used in con-
struction of homemade boats shall be supported with Bills of Salefor ma-
jor components.
(d) A Certificate of Origin, Bill of Lading or Invoice describing the
vessel shall be required from any dealer who upon application for original
[The next page is 9.]
Page 8.10
Register 2007, No. 26; 6-29-2007
Title 13
Department of Motor Vehicles
§ 190.10
registration lists himself as the owner of the vessel when such vessel is
obtained through the dealer's inventory.
NOTE: Authority cited: Sections 1651 and 9852, Vehicle Code. Reference: Sec-
tion 9852, Vehicle Code; and CFR, Title 33, Section 174.31 .
History
1 . Change without regulatory effect renumbering former section 300.02 to section
190.02 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 190.03. Vessel Bond Requirements.
(a) A vessel owner applying for a California certificate of title without
the required proof of ownership may submit a bond as authorized by Ve-
hicle Code section 9923. The bond shall be executed by an admitted sure-
ty insurer on an Undocumented Vessel Surety Bond, form REG 5058
(REV. 10/2005), which is hereby incorporated by reference. The bond
shall be subject to chapter 2 (commencing with Section 995.010), title 14,
of part 2 of the Code of Civil Procedure.
(b) The penal sum of the bond shall be in the amount of the fair market
value of the vessel.
(1) The fair market value shall be determined by either:
(A) A written appraisal provided by a California licensed or other state
licensed yacht and shipbroker; or
(B) Identification of the vessel and its price variations based on in-
formation provided in a recognized industry vessel valuation and pricing
handbook. The highest and lowest price variations shall be added togeth-
er and then divided by two; the result is the average price of a vessel. The
average price shall be the fair market value.
(c) A vessel owner applying for a California certificate of title without
the required supporting evidence of ownership may submit a deposit
equal to the monetary amount appraised in Section 190.03 (b)(1)(A) or
calculated in Section 190.03(b)(1)(B) in lieu of bond as provided in Sec-
tion 995.710 of the Code of Civil Procedure.
NOTE: Authority cited: Sections 1651 and 9852, Vehicle Code. Reference: Sec-
tion 995.010, Code of Civil Procedure; and Section 9923, Vehicle Code.
History
1. New section filed 2-14-2006; operative 3-16-2006 (Register 2006, No. 7). For
prior history, see Register 95, No. 34.
§ 190.04. Definition of a Livery Boat.
A livery boat is any vessel subject to registration under the California
Vehicle Code, that is held primarily for the purpose of renting, leasing or
chartering to others.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 9840
and 9850, Vehicle Code; and CFR, Title 33, Section 174.19.
History
1 . Change without regulatory effect renumbering former section 300.04 to section
190.04 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 190.05. Definition of a Vessel Carrying Passengers for
Hire.
Vessels carrying passengers for hire means any vessel subject to regis-
tration under the California Vehicle Code which is held for use for the
carriage of any person by such vessel for valuable consideration whether
directly or indirectly flowing to the owner, charterer, operator, agent, or
any other person interested in the vessel.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 9840
and 9850, Vehicle Code; and CFR, Title 33, Section 174.19.
History
1 . Change without regulatory effect renumbering former section 300.05 to section
190.05 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
2. Amendment filed 8-21-95; operative 9-20-95 (Register 95, No. 34).
§ 190.06. Definition of a Boat Manufacturer.
A boat manufacturer is a person who is engaged wholly or in part in
the business of building or assembling vessels who subsequently offers
these vessels for sale and receives or expects to receive money, profit or
any other thing of value resulting from such transactions.
NOTE: Authority cited: Section ] 65 1 , Vehicle Code. Reference: Section 9840, Ve-
hicle Code.
History
1 . Change without regulatory effect renumbering former section 300.06 to section
190.06 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 1 90.07. Definition of a Boat Dealer.
A boat dealer is a person who is engaged wholly or in part in the busi-
ness of selling or offering for sale, buying or taking in trade for the pur-
pose of resale, or exchanging, any vessel or vessels and receives or ex-
pects to receive money, profit, or any other thing of value.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 9856
and 9912, Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 300.07 to section
190.07 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 190.08. Certificates of Number for Dealer, Manufacturer,
Livery Vessel and Vessel Carrying Passengers
for Hire.
(a) The Certificates of Number for dealer, manufacturer, livery ves-
sels, commercial vessels of less than five net tons and vessels carrying
passengers for hire shall be clearly marked to show the vessel use.
(b) All applications for numbering of such vessels shall be submitted
directly to the Department of Motor Vehicles, Sacramento, who may
upon approval after the payment of the required fees issue a vessel num-
ber with distinctive suffix letters.
(c) Dealer or manufacturer numbers shall only be temporarily attached
to the vessel during demonstration or test period and are valid for that pe-
riod of demonstration or test only.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 9850,
9853, 9853.1-9853.3, Vehicle Code; CFR, Title 33, Sections 173.27 and 174.19;
and CFR, Title 46, Section 67.01-1 1 .
History
1 . Change without regulatory effect renumbering former section 300.08 to section
190.08 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 190.09. Terms and Conditions for Vessel Registration
and Numbering.
The issuance of Certificates of Ownership and Number may be condi-
tioned on:
(a) Title to, or other proof of ownership of a vessel except a recrea-
tional-type public vessel of the United States, and
(b) The payment of State or local taxes, except for such public vessels
as defined in Section 9851 V.C.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 9852,
9853.1, 9853.4, 9855 and 9858, Vehicle Code; and CFR, Title 33, Section 1 74.3 1 .
History
1 . Change without regulatory effect renumbering former section 300.09 to section
190.09 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 190.10. Contents of Applications for Certificate of
Ownership and Certificate of Number.
(a) Applications for Certificates of Ownership and Number shall con-
tain the following information:
(1) Name of the registered owner.
(2) Address of the registered owner and ZIP code.
(3) State in which vessel will be principally used.
(4) Location of vessel, city and/or county.
(5) Any number previously issued by an issuing authority for the ves-
sel.
(6) Whether the application is for a new number, renewal of a number,
transfer of ownership, duplicate Certificates of Ownership or Number.
(7) Whether the vessel is to be used for pleasure, rent or lease, dealer
or manufacturer demonstration, commercial passenger carrying or other
commercial use.
(8) Make of vessel.
(9) Year vessel was manufactured and model year, if known.
(10) Hull identification number.
(11) Overall length of vessel.
(12) Type of vessel.
Page 9
Register 2006, No. 7; 2-17-2006
§ 190.11
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(13) Hull material.
(14) Propulsion.
(15) Fuel, gasoline, diesel or other.
(16) Name and address of legal owner, if any.
(17) Signature of the registered owner.
(b) Applications made by a manufacturer or dealer for a number that
is to be temporarily affixed to a vessel for demonstration or test purposes
need only furnish items 1 , 2, 6, 7 and 17 of paragraph (a).
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 9852
and 9853, Vehicle Code; and CFR, Title 33, Section 174.17.
History
1 . Change without regulatory effect renumbering former section 300. 1 0 to section
1 90. 10 filed 7-19-93 pursuant to title 1 , section 1 00, California Code of Regu-
lations (Register 93, No. 30).
§ 190.1 1 . Contents of Certificate of Number.
(a) Each Certificate of Number shall contain the following informa-
tion:
(1) Number issued to vessel.
(2) Expiration date of the Certificate of Number.
(3) State of principal use.
(4) Name of the registered owner.
(5) Address of registered owner, including ZIP code.
(6) Name and address of legal owner, if any.
(7) Use of vessel such as pleasure, livery, dealer or manufacturer for
demonstration, commercial passenger carrying or other commercial.
(8) Hull identification number.
(9) Make of vessel.
(10) Year manufactured and year model, if known.
(11) Overall length of vessel.
(12) Type of vessel.
(13) Hull material.
(14) Type of propulsion.
(15) Fuel type, gasoline, diesel or other.
(16) Information pertaining to change of ownership, documentation,
theft or recovery of vessel, carriage of the Certificate of Number on board
when vessel is in use; rendering aid in accidents and reporting casualties
and accidents shall be contained on the Certificate of Number.
(b) A Certificate of Number issued to a manufacturer or dealer to be
used on a vessel for demonstration purposes need only show items 1, 2,
3, 4, 5, 7 and 16 of paragraph (a) if the word "manufacturer" or "dealer"
is plainly marked on the certificate.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 9853
and 9853.1, Vehicle Code; and CFR, Title 33, Section 174.19.
History
1 . Change without regulatory effect renumbering former section 300. 1 1 to section
190.11 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
2. Amendment of subsection (a)(16) filed 8-21-95; operative 9-20-95 (Register
95, No. 34).
§ 190.12. Validity of Certificate of Number.
(a) The Certificate of Number shall become invalid after the date:
(1) The vessel is documented or required to be documented under Part
67 of Title 46, Code of Federal Regulations.
(2) The owner of the vessel transfers all of his ownership in the vessel.
(3) The vessel is destroyed or abandoned.
(b) A Certificate of Number shall be invalid if the application contains
a false or fraudulent statement.
(c) A Certificate of Number shall become invalid 60 days after the day
on which the vessel is no longer principally used within the State of Cali-
fornia.
(d) The Certificate of Number shall become invalid when the person
whose name appears on the certificate involuntarily loses his interest in
the numbered vessel by legal process.
(e) The Certificate of Number shall become invalid when the primary
use of the vessel changes from the use indicated on the Certificate of
Number pursuant to Section 190.11(a)(7).
(1) The owner of a vessel shall apply to the department for a new Cer-
tificate of Number when the primary use of the vessel changes from that
indicated on the Certificate of Number.
(2) "Primary use of the vessel" means use that accounts for more than
fifty percent of the operation of the vessel during a calendar year.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 9853.1,
9855, 9858. 9864, 9874 and 9915, Vehicle Code; and CFR, Title 33, Section
173.77.
History
1 . Change without regulatory effect renumbering former section 300. 1 2 to section
190.12 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
2. New subsections (e)-(e)(2) filed 8-2 1-95; operative 9-20-95 (Resister 95, No.
34).
§ 1 90.1 3. Removal of Stickers.
The number and sticker shall be removed from the vessel if the Certifi-
cate of Number becomes invalid for reasons contained in Section
190.12(a)(1), (b), or (c) of these regulations.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 9853.4
and 9874, Vehicle Code; and CFR, Title 33, Section 173.33.
History
1. Chanse without regulatory effect renumbering and amending former section
300. 13 to section 190.13 filed 7-19-93 pursuant to title 1, section 100, Califor-
nia Code of Regulations (Register 93, No. 30).
§ 190.14. Temporary Certificate of Number.
A Temporary Certificate of Number shall be issued to applicants in ac-
cordance with Section 9858 V.C. to be valid for 60 days from date of is-
sue.
NOTE: Authority cited: Section 165 1 , Vehicle Code. Reference: Section 9858; and
CFR, Title 33, Sections 173.75 and 174.29.
History
1. Change without regulatory effect renumbering former section 300. 14 to section
1 90. 1 4 filed 7- 1 9-93 pursuant to title 1 , section 1 00, California Code of Regu-
lations (Register 93, No. 30).
§ 190.15. Hull Identification Numbers.
(a) All vessels subject to registration under the California Vehicle
Code shall display a hull identification number. On vessels built after
1971, this number shall consist of at least 12 characters in a configuration
consistent with federal regulations.
(b) Hull identification numbers will be assigned by the manufacturer
or by the Department of Motor Vehicles upon failure by the manufacturer
to assign the number.
(c) The hull identification number shall be carved, burned, stamped,
embossed or otherwise permanently affixed using letters and numerals
not less than 1/4 inch in height to the outboard side of the transom, or if
there is no transom to the outermost starboard side at the end of the hull
that bears the rudder or other steering mechanism, above the water line
of the boat in such a way that alterations, removal or replacement would
be obvious.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 9871
and 987 1.5, Vehicle Code; and CFR, Title 33, Sections 18 1.23, 181.25, 18 1.27 and
181.29.
History
1 . Change without regulatory effect renumbering former section 300. 15 to section
190.15 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 1 90.1 6. Fee-Exempt Boats.
(a) Boats belonging to State, County, or City Governments and Feder-
al agencies of the United States shall not be required to pay the fees pro-
vided for in Sections 9853, 9855 and 9860 of the California Vehicle
Code.
NOTE: Authority cited: Section 985 1 , Vehicle Code. Reference: Section 9851, Ve-
hicle Code.
History
1 . Change without regulatory effect renumbering former section 300. 16 to section
190.16 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 190.17. Recreational-Type Public Vessels.
Boats owned by the United States Armed Forces that are used for rec-
reational purposes shall be known as "recreational-type public vessels."
Page 10
Register 2006, No. 7; 2-17-2006
Title 13
Department of Motor Vehicles
§ 190.32
The Department of Motor Vehicle, Sacramento, California, shall upon
application issue a Certificate of Number and Certificate of Ownership
to the Armed Forces Agency owning the vessel. Such vessels shall be ex-
empt from payment of all fees.
NOTE: Authority cited: Section 1 651 , Vehicle Code. Reference: Section 9851 . Ve-
hicle Code; and CFR, Title 33, Section 173.11.
History
1. Change without regulatory effect renumbering former section 300.17 to section
190.17 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 190.18. Fee-Exempt Annual Renewal.
The number issued to fee-exempt vessels shall contain suffix letters
to designate the vessel as "fee-exempt." Display of the number shall be
in accordance with Section 190 of this regulation. A sticker shall be is-
sued to each vessel to identify it to be currently registered. Display of the
sticker shall be in accordance with Section 190.01.
NOTE: Authority cited: Section 1 65 1 , Vehicle Code. Reference: Section 9850, Ve-
hicle Code.
History
1. Change without regulatory effect renumbering and amending former section
300.18 to section 190.18 filed 7-19-93 pursuant to title 1, section 100, Califor-
nia Code of Regulations (Register 93, No. 30).
§190.19. Racing Vessels.
Boats brought to this state exclusively for racing purposes and remain-
ing for less than 90 days, may be exempted from registering and number-
ing in California, providing the state of origin also exempts such vessels.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 9854
and 9873, Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 300. 19 to section
190.19 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§190.20. Livery Vessels.
No person may operate a livery vessel unless that vessel has on board
a valid Certificate of Number, a valid Temporary Certificate of Number,
or a copy of the rental or lease agreement. The agreement must contain:
(1) The signature of the owner of the vessel or his representative.
(2) The signature of the person leasing or renting the vessel.
(3) The vessel number that appears on the Certificate of Number.
(4) The time period for which the vessel is leased or rented.
No obligation is created by these regulations (Sections 190.00 through
190.20) under Section 2231 of the Revenue and Taxation Code, for the
reimbursement of any local agency for any costs that may be incurred in
carrying on any program or performing any service required to be carried
on or performed under these regulations.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 9853.3,
Vehicle Code; and CFR, Title 33, Section 173.21.
History
1. Change without regulatory effect renumbering and amending former section
300.20 to section 190.20 filed 7-19-93 pursuant to title 1, section 100, Califor-
nia Code of Regulations (Register 93, No. 30).
§ 1 90.21 . Notification to the Department.
A person whose name appears as the owner of a vessel on a Certificate
of Number shall, within 15 days, notify the Department of:
(a) Any change in his address.
(b) The loss or destruction of a valid Certificate of Number.
(c) The destruction or abandonment of the vessel.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 9864,
9865 and 991 1, Vehicle Code; and CFR, Title 33, Section 173.29.
History
1 . Change without regulatory effect renumbering former section 300.21 to section
190.21 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 1 90.22. Surrender of Certificate of Number.
A person whose name appears as the owner of a vessel on a Certificate
of Number shall surrender the certificate in a manner prescribed by the
Department within 15 days after it becomes invalid under Section
190.12, paragraphs (a)(l)(2)(3), (b), (c), (d).
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 9864
and 9900, Vehicle Code; and CFR, Title 33, Section 173.31.
History
1. Change without regulatory effect renumbering and amending former section
300.22 to section 190.22 filed 7-19-93 pursuant to title 1, section 100, Califor-
nia Code of Regulations (Register 93, No. 30).
§ 190.30. Department Agent's Authorization.
(a) Agents authorized by the department under Vehicle Code Section
9858 to accept registration applications of undocumented vessels shall
be known as Undocumented Vessel Registration Agents. The appoint-
ment of such agents shall be at the pleasure of the department and they
shall serve without compensation from the department.
(b) Undocumented Vessel Registration Agents may charge their cus-
tomers a documentary preparation fee pursuant to Vehicle Code Section
9858.1.
NOTE: Authority cited: Sections 1651 and 9858, Vehicle Code. Reference: Sec-
tions 9858, 9858.1 and 9859, Vehicle Code.
History
1. Renumbering and amendment of former section 190.03 to new section 190.30
and amendment of NOTE filed 8-21-95; operative 9-20-95 (Register 95, No.
34).
§ 190.32. Application for Appointment as an
Undocumented Vessel Registration Agent.
(a) An applicant for appointment as an Undocumented Vessel Regis-
tration Agent shall submit to the department an Application for Appoint-
ment and Agreement as a Non-Public Undocumented Vessel Registra-
tion Agent, Form OL 54 (Rev. 3/2003).
(1) Another department-approved version of this form with a different
revision date shall be acceptable if the content of the form is in substantial
compliance with the requirements of this section.
(b) The Application for Appointment and Agreement as a Non-Public
Undocumented Vessel Registration Agent shall contain the following in-
formation:
(1) Information specifying the reason the application is being sub-
mitted.
(A) An application shall be submitted for the original appointment,
change of name or address, change of ownership structure, or when add-
ing a branch location.
(2) The business name, address and telephone number.
(3) The days and hours the business is open for business and the days
the business is closed.
(4) The nature of the business.
(5) The applicant's Board of Equalization resale number (including a
copy of the resale permit).
(6) The limited liability company or corporate number.
(7) An indication of how the business is structured.
(8) The name, residence address, telephone number, and driver license
or identification card number of the owner, each partner, each of the cor-
poration's principal officers, or all association representatives depending
on the business structure.
(9) An indication as to whether the applicant, any partner, or corporate
officer has ever been a Vessel Registration Agent for the state, has ever
been a yacht and ship broker, or has ever been a Department of Motor Ve-
hicles Occupational Licensee, and, if so, the license number and date of
the license.
(10) An indication as to whether the applicant partner or officer has
ever been convicted of any misdemeanor or felony offense including the
dates of offense and court information.
(1 1) An explanation of the bankruptcy, including the date and court of
jurisdiction, if the applicant, any partner or officer has ever declared
bankruptcy.
(12) A certification that the information provided on the application
is true and correct, and an agreement to comply with the department's re-
quirements as set forth in the Agreement for Appointment as an Undocu-
mented Vessel Registration Agency to Represent the California Depart-
ment of Motor Vehicles, Form OL 54 (REV. 3/2003) page 2.
Page 11
Register 2006, No. 7; 2-17-2006
§ 190.34
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(A) The certification and agreement shall be dated and signed under
penalty of perjury under the laws of the State of California by the sole
proprietor, all individual partners of a co-partnership, or all principal of-
ficers of the corporation, depending on the business structure.
(B) When the business is a corporation, the application shall also in-
clude the corporate officer title of each of its principal officers.
NOTE: Authority cited: Sections 1651 and 9858, Vehicle Code. Reference: Sec-
tions 9858 and 9859, Vehicle Code.
History
1. New section filed 8-21-95; operative 9-20-95 (Register 95, No. 34).
2. Amendment filed 10-25-2004; operative 1 1-24-2004 (Register 2004. No. 44).
§ 190.34. Responsibilities of Undocumented Vessel
Registration Agents.
(a) Each Undocumented Vessel Registration Agent shall agree to as-
sume, as a condition of appointment, the following responsibilities:
(1) Maintain an established place of business.
(2) Be engaged in an activity directly related to boating.
(3) Display a means of identification which will clearly indicate to the
public the name of the business. Each separate branch of the business
which will be authorized to conduct registration of vessels shall display
such means of identification.
(4) Maintain all supplies at the business location described on the
Application for Appointment and Agreement as a Non-Public Undocu-
mented Vessel Registration Agent, Form OL 54 (REV. 3/2003).
(5) Make available for review all accountable vessel registration items
upon demand by an authorized department employee. Accountable ves-
sel registration items shall include any item bearing a serial number and
having a value attached to it.
(6) Notify the Department of Motor Vehicles, Occupational Licensing
Unit, P.O. Box 932342, Sacramento, CA 94232-3420, in writing no later
than the first business day following the event of any of the following:
(A) Sale of business or change of terms in the agreement for appoint-
ment.
(B) Change of business structure, including the addition or deletion of
partners or corporate officers.
(C) Change of business name or address.
(D) Adding or deleting a branch location.
(E) Lost or stolen accountable vessel registration items.
(7) Upon sale or termination of the business, all accountable vessel
registration supplies, applications, and fees shall be forwarded to the de-
partment no later than the first business day following the sale or termina-
tion.
NOTE: Authority cited: Sections 1651 and 9858, Vehicle Code. Reference: Sec-
tions 9858 and 9859, Vehicle Code.
History
1. New section filed 8-21-95; operative 9-20-95 (Register 95, No. 34).
2. Amendment of subsection (a)(4) filed 10-25-2004; operative 11-24-2004
(Register 2004, No. 44).
§ 190.36. Duties of Undocumented Vessel Registration
Agents.
(a) Each Undocumented Vessel Registration Agent shall agree to as-
sume, as a condition of appointment, the following duties:
(1) Accept applications and fees for registration and transfer of vessels
and issue Permanent Vessel Numbers, Temporary Certificates of Num-
ber, and vessel stickers to applicants.
(2) Forward a report every seven days listing all vessel registration
transactions received during the previous seven days, accompanied by
each application listed on the report and a single check or money order
for all fees received for the registration of a vessel, to the address desig-
nated by the department no later than the close of business on the date
shown on the report.
(A) The report shall be prepared on the Transmittal Record of Vessel
Agent Registration Applications, Form ADM 173-1 (10/94) provided by
the department. Another department-approved version of this form with
a different revision date shall be acceptable if the content of the form is
in substantial compliance with the requirements of this section.
(B) The Transmittal Record of Vessel Agent Registration Applica-
tions shall be completed in ink and shall include the following informa-
tion: the business name, address, and telephone number; the agent's
number; date submitted; the vessel's CF number, or, if a new vessel, the
hull identification number or the last name of the registered owner; the
amount of cash, check, or credit media collected; the number of the stick-
er issued; miscellaneous receipts issued for transactions such as trans-
fers, duplicates, etc.; an indication of whether a credit or refund is de-
sired; an indication of the preferred delivery method; the total number of
items by type submitted with the transmittal bundle; an authorized signa-
ture; and, the printed name of the person signing the report.
(C) All accountable items issued shall be listed on the transmittal in
numerical order.
(D) Each registration transaction processed shall be entered on the
transmittal immediately after the receipt has been written.
(E) Three copies of the transmittal shall be sent weekly to the depart-
ment, and the agent shall retain a fourth copy.
(F) A Transmittal of Vessel Agent Registration Applications shall be
submitted indicating, "No transactions during week of xx/xx/xx" when
no transactions have occurred during the week.
(3) Process the types of vessel registration transactions indicated on
the Agreement for Appointment as an Undocumented Vessel Registra-
tion Agency to Represent the California Department of Motor Vehicles,
Form OL 54 (REV. 3/2003) page 2.
(A) These transactions shall include either or both: original vessel reg-
istration for new boats; or, vessel ownership transfer applications for
used boats, registration renewals and applications for duplicate certifi-
cates and stickers.
(B) Agents shall register only those vessels they sell.
(4) Complete and provide a Quarterly Physical Inventory of Account-
able Items, Form BOAT 124-1 (12/94) by the fifth day of January, April,
July, and October. Another department-approved version of this form
with a different revision date shall be acceptable if the content of the form
is in substantial compliance with the requirements of this section.
(A) The Quarterly Physical Inventory of Accountable Items shall in-
clude a listing of receipts for new and used boats, as evidenced by the be-
ginning and ending number of Certificates of Number and Temporary
Certificates of Numbers issued, and the number of each on hand; a listing
of the number of vessel stickers issued, as evidenced by the beginning
and ending number of stickers issued and the number on hand, a listing
of void receipts, and an authorized signature.
NOTE: Authority cited: Sections 1651 and 9858, Vehicle Code. Reference: Sec-
tions 9858 and 9859, Vehicle Code.
History
1. New section filed 8-21-95; operative 9-20-95 (Register 95, No. 34).
2. Amendment of subsections (a)(2)(A) and (a)(3) filed 10-25-2004; operative
1 1-24-2004 (Register 2004, No. 44).
§190.38. Agreement for Appointment as an
Undocumented Vessel Registration Agent.
(a) Each applicant for appointment as an Undocumented Vessel Reg-
istration Agent shall complete an Agreement for Appointment as an Un-
documented Vessel Registration Agency to Represent the California De-
partment of Motor Vehicles, Form OL 54 (REV. 3/2003) page 2 on which
the owner, all partners of a co-partnership, or all principal officers of a
corporation, agree to assume the duties and responsibilities which are
outlined in the agreement and reflect the requirements specified in the
Vehicle Code and in regulation. The signature of the applicant on page
1 of this form shall serve as acknowledgement of this agreement.
( 1 ) Another department-approved version of this form with a different
revision date shall be acceptable if the content of the form is in substantial
compliance with the requirements of this section.
NOTE: Authority cited: Sections 1651 and 9858, Vehicle Code. Reference: Sec-
tions 9858, 9858.1 and 9859, Vehicle Code.
History
1. New section filed 8-21-95; operative 9-20-95 (Register 95, No. 34).
Page 12
Register 2006, No. 7; 2-17-2006
Title 13
Department of Motor Vehicles
§ 212.04
2. Amendment of subsection (a) filed 10-25-2004: operative 1 1-24-2004 (Regis-
ter 2004, No. 44).
§ 191.00. Non-Motorized Surfboard-Like Vessels
Exempted Under Vehicle Code Section 9873(e).
Non-motorized surfboard-like vessels over 8 feet in length, propelled
solely by sail, and with a mast which is required to be held upright by the
operator in order to sail are exempt from the numbering requirements of
Vehicle Code Section 9850.
NOTE: Authority cited: Section 1 651 , Vehicle Code. Reference: Section 9873, Ve-
hicle Code.
History
1 . Change without regulatory effect renumbering former section 301.00 to section
191 .00 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 192.00. Proof Documents Re Lien Sale Vessels.
All applications for the transfer of title of an undocumented vessel af-
ter a lien sale of such vessel under Article 4 (commencing with Section
500) of the Harbors and Navigation Code shall be accompanied by proof
of the possessory character of the lien so that the department may be satis-
fied of the genuineness and regularity of the transfer pursuant to Vehicle
Code Section 9915(b). For the purposes of such proof, "storage" means
services rendered in the safekeeping of a vessel by a person not the owner
who has a right of possession together with a duty to care for the vessel
and may include mooring, berthage, wharfing and anchorage and rental
of vessel trailer parking space done in the process of the storage of a ves-
sel. "Storage" does not include the rental of mooring space or of vessel
trailer parking space when there is no duty to keep the vessel safe when
occupying such space. Costs of repair means all material and labor of a
repairman when a vessel is put in his keeping for such purposes and may
include costs of mooring, berthage, wharfing and anchorage and rental
of vessel trailer parking space if such services are included in the repair-
man's cost of handling a vessel for the purpose of repairing it.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 991 5, Ve-
hicle Code.
History
1 . Change without regulatory effect renumbering former section 302.00 to section
192.00 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 200.01 . Vehicle Engine or Motor.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 4161,
4163 and 9257, Vehicle Code.
History
1 . New Note filed 7-7-82; effective thirtieth day thereafter (Register 82, No. 28).
2. Amendment filed 4-1 1-85; effective thirtieth day thereafter (Register 85, No.
15).
3. Change without regulatory effect renumbering former section 200.01 to section
150.01 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
Article 3.3. Special Plates
§ 201 .00. Use of Special Plates Issued to a Dealer,
Manufacturer, Remanufacturer, or Distributor.
(a) Special plates referenced in this section may only be used on ve-
hicles that a dealer, manufacturer, remanufacturer, or distributor owns or
lawfully possesses.
(b) The following individuals may operate a vehicle with special plates
for any purpose:
(1) An individual who is the sole owner, a general partner, a manager
of a limited liability company, or a corporate officer or director of a deal-
er, manufacturer, remanufacturer, or distributor, provided that individual
is actively engaged in the management and control of the business opera-
tions of the dealer, manufacturer, remanufacturer, or distributor;
(2) A general manager, or business manager, or sales manager who is
actively engaged in the management and control of the business opera-
tions of the dealer, manufacturer, remanufacturer, or distributor when no
other individual meets the criteria in (J) above;
(3) An individual employed by a manufacturer or distributor and li-
censed as a representative.
(c) Any licensed driver may operate a vehicle with special plates for
any purpose if an individual identified in section (b) is also in the vehicle.
(1) An unaccompanied licensed driver, who regularly resides in the
immediate household of an individual identified in section (b), may oper-
ate a vehicle with special plates solely to pick up or drop off that individu-
al.
(d) A licensed driver who is an employee of a dealer, manufacturer,
remanufacturer or distributor may drive a vehicle with special plates
when that employee is acting within the course and scope of his or her
employment.
(e) Any licensed driver may operate a vehicle with dealer, manufactur-
er, remanufacturer, or distributor special plates for special event pur-
poses if the operator carries a letter of authorization from the licensee
identifying the vehicle, duration, and location of operation, and person(s)
authorized to operate the vehicle.
(f) Any licensed driver, who is a prospective buyer or lessee, may test
drive a vehicle with special plates for up to seven days.
(1) A salesperson is not required to be present.
(2) If a salesperson is not present, the operator must carry a letter of
authorization from the licensee identifying the vehicle, duration, and per-
son(s) authorized to operate the vehicle.
(g) Employees of a commercial vehicle dealer, manufacturer, reman-
ufacturer, or distributor who must operate a commercial vehicle in the
course of their employment, may take a commercial drive test in a com-
mercial vehicle displaying dealer, manufacturer, remanufacturer, or dis-
tributor special plates.
(h) A trailer, displaying special plates, may be towed by a vehicle with
Vehicle Code authority to operate on the highways.
(i) Any use of special plates issued to a dealer, manufacturer, reman-
ufacturer, or distributor except as specified is prohibited.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11714,
11715 and 11716, Vehicle Code.
History
1. Amendment of article heading and new section filed 6-8-2000; operative
7-8-2000 (Register 2000, No. 23). For prior history of article 3.3, see Register
93, No. 30 and Register 96, No. 35.
Article 3.4.
Hearing Procedure Seizure of
Vehicles
§ 21 2.04. Conduct of the Hearing.
(a) The department shall fix a time and place for the hearing as early
as may be arranged in the county where the person requesting the hearing
resides, and shall give ten (10) days' notice of the hearing to the regis-
tered owner, the legal owner, and to any other person known to be claim-
ing an interest in the vehicle,except that the hearing may be set for a dif-
ferent place with the concurrence of the person requesting the hearing
and the period of notice may be waived.
(b) The hearing shall be conducted by the Registrar or by a referee ap-
pointed by him from officers or employees of the department.
(c) The entire proceedings shall be recorded by a phonographic re-
corder or otherwise perpetuated by mechanical, electronic, or other
means capable of reproduction or transcription.
(d) All evidence shall be taken only on oath or affirmation.
(e) Each party shall have these rights: to call and examine witnesses;
to introduce exhibits; to cross-examine opposing witnesses on any mat-
[The next page is 13.]
Page 12.1
Register 2006, No. 7; 2- 17-2006
Title 13
Department of Motor Vehicles
§ 220.02
ter relevant to the issues even though that matter was not covered in the
direct examination; to impeach any witness regardless of which party
first called him to testify; and to rebut the evidence against him. The reg-
istered owner may be called and examined as if under cross-examina-
tion.
(f) Each party upon written request made to another party, prior to the
hearing and within thirty (30) days after service by the department of the
notice of lien, is entitled to
(1) obtain the names and addresses of witnesses known to the other
party, intended to be called to testify at the hearing, and
(2) inspect and make a copy of all writings to include statements of wit-
nesses, investigative reports, traffic or parking citations or any other
thing which is relevant and which would be admissible in evidence at the
hearing; this right does not extend to any writing or thing which is privi-
leged from disclosure by law or otherwise made confidential or protected
as attorney's work product.
(g) Before the hearing is commenced, the department shall issue sub-
poenas and subpoenas duces tecum at the request of any party for atten-
dance or production of documents at the hearing, in accordance with Sec-
tion 1 1510 of the Administrative Procedure Act.
(h) The hearing need not be conducted according to technical rules re-
lating to evidence and witnesses. Any relevant evidence shall be admitted
if it is the sort of evidence upon which responsible persons are accus-
tomed to rely in the conduct of serious affairs, regardless of the existence
of any common law or statutory rule which might make improper the ad-
mission of such evidence over objection in civil action. Hearsay evidence
may be used for the purpose of supplementing or explaining other evi-
dence but shall not be sufficient in itself to support a finding unless it be
admissible over objection in civil actions. The rules of privilege shall be
effective to the extent that they are otherwise required by statute to be rec-
ognized at the hearing, and irrelevant and unduly repetitious evidence
shall be excluded.
(i) In reaching a decision, official notice may be taken, either before
or after submission of the case for decision, of any fact which may be ju-
dicially noticed by the courts of this state. Parties present at the hearing
shall be informed of the matters to be noticed, and those matters shall be
noted in the record, referred to therein, or appended thereto. Any such
party shall be given a reasonable opportunity on request to refute the offi-
cially noticed matters by evidence or by written or oral presentation of
authority, the manner of such representation to be determined by the de-
partment.
(j) Upon the conclusions of the hearing, the referee shall make findings
on the matters under consideration and shall prepare and submit recom-
mendations to the Registrar.
(k) The Registrar, or an employee designated by the Registrar to act
on his behalf, following the hearing, upon review of the record, evidence,
and the findings, shall render his decision concerning the validity of the
imposition of the fees or penalties. The decision of the Registrar or his
designee shall be effective on notice to the registered and legal owners.
NOTE: Authority cited: Section 1651, Vehicle Code; and Sections 11 180, 1 1 181
and 1 1 182, Government Code. Reference: Section 9801, Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 3 10.04 to section
212.04 and amending and repositioning article 3.4 heading filed 7-19-93 pur-
suant to title 1, section 100, California Code of Regulations (Register 93, No.
30).
Article 3.5. Motor Carriers Permit Program
§ 220.00. Definitions.
As used in this article, the following definitions shall apply:
(a) "Administrative costs" shall be defined as attorney fees and sup-
port staff costs incurred in determining legal entitlement to all or a por-
tion of the cash deposit(s) or savings account(s) held in assignment(s)
pursuant to Vehicle Code section 3463 1 (c).
(b) An "applicant" shall be defined as a motor carrier applying as an
original applicant for or a current holder of a motor carrier permit.
(c) An "assignor" shall be defined as a motor carrier who is granted a
certificate of self-insurance.
(d) The "Deputy Director" shall be defined as the deputy director of
the Department of Motor Vehicles for the State of California, who admin-
isters the Motor Carrier Permit Program.
(e) The "Director" shall be defined as the Director of Motor Vehicles
for the State of California and any other department employee designated
to act on behalf of the Director.
(f) A "fictitious name" as used in Vehicle Code section 34621(b)(1)
shall be defined as a DBA (Doing Business As) and/or a trade name.
(g) "Licensed to write insurance in this state" as stated in Vehicle Code
section 34631 shall be defined as an "admitted insurer" as stated in Insur-
ance Code section 700.
(h) A "motor carrier" shall be defined as a business entity who operates
vehicles in California and participates or qualifies to participate in the
Motor Carrier Permit program.
(i) A "permit term" shall be defined as twelve (12) months starting on
the first day of the month that the original application was received and
ending on the last day of the following 12th month. The permit term shall
establish the annual renewal date.
(j) For the purpose of this article, the terms "Motor Carrier of Property
Permit" and "Motor Carrier Permit" shall be used interchangeably.
NOTE: Authority cited: Sections 1651 and 34604, Vehicle Code. Reference: Sec-
tions 34621 and 34631 .Vehicle Code; and Section 700, Insurance Code.
History
1 . New article 3.5 (sections 220.00-22 1 .12) and section filed 4-1 0-98 as an emer-
gency; operative 4-10-98 (Register 98, No. 15). A Certificate of Compliance
must be transmitted to OAL by 8-10-98 or emergency language will be re-
pealed by operation of law on the following day. For prior history, see Register
85, No. 15.
2. Repealed by operation of Government Code section 1 1346.1(g) (Register 98,
No. 34).
3. New article 3.5 (sections 220.00-221.12) and section filed 8-17-98 as an emer-
gency; operative 8-17-98 (Register 98, No. 34). A Certificate of Compliance
must be transmitted to OAL by 12-15-98 or emergency language will be re-
pealed by operation of law on the following day.
4. Certificate of Compliance as to 8-17-98 order, including relettering of subsec-
tions, transmitted to OAL 10-16-98 and filed 12-2-98 (Register 98, No. 49).
5. Amendment of article heading and section filed 12-23-2003; operative
1-22-2004 (Register 2003, No. 52).
§ 220.02. Application for a Motor Carrier Permit.
(a) An applicant for an original Motor Carrier Permit shall complete,
sign and certify, under penalty of perjury under the laws of the State of
California, an Application for Motor Carrier Permit form [DMV 706
MCP (REV. 4/2003)], which is hereby incorporated by reference.
(b) A change of motor carrier ownership status shall require a com-
pleted Application for Motor Carrier Permit form [DMV 706 MCP
(REV. 4/2003)], signed under penalty of perjury under the laws of the
State of California. This change shall be processed as an original applica-
tion.
(1) A change of a motor carrier's Employer Identification Number
(EIN) requires a new application.
(c) A change of motor carrier name shall require a completed Notice
of Change form [DMV 152 MCP (REV. 8/2002)] signed under penalty
of perjury under the laws of the State of California. The Notice of Change
form is hereby incorporated by reference.
(d) An addition or deletion of "DBA" name or trade name shall require
a completed and signed Notice of Change form [DMV 152 MCP (REV.
8/2002)].
(e) A change of motor carrier physical or mailing address shall require
a completed and signed Notice of Change form [DMV 152 MCP (REV.
8/2002)] indicating a change of address within ten (10) days of the
change.
(f) A list of vehicles shall be submitted with an original, reinstatement
and renewal application and contain the full Vehicle Identification Num-
ber (VIN), license plate number and state of plate issuance for all motor
vehicles the motor carrier intends to use during the permit period.
(g) The department shall notify an applicant in writing within ten (10)
days of receipt of the application, that it is complete or deficient.
Page 13
Register 2005, No. 8; 2-25-2005
§ 220.04
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(1) An application is considered complete when the applicable re-
quirements of the Motor Carriers of Property Permit Act and these regu-
lations have been fulfilled.
(A) With the determination that an application is complete, a permit
shall be issued.
(2) An application is considered deficient when the applicable require-
ments of the Motor Carriers of Property Permit Act and these regulations
are not fulfilled.
(A) With the determination that an application is deficient, the depart-
ment shall identify the specific requirement(s) needed to complete the
application.
NOTE: Authority cited: Sections 1651 and 34604, Vehicle Code. Reference: Sec-
tions 1652. 1653, 34621 and 34632, Vehicle Code; and Section 15376, Govern-
ment Code.
History
1 . New section filed 4—10-98 as an emergency; operative 4-10-98 (Register 98,
No. 15). A Certificate of Compliance must be transmitted to OAL by 8-10-98
or emergency language will be repealed by operation of law on the following
day.
2. Repealed by operation of Government Code section 1 1346.1(g) (Register 98,
No. 34).
3. New section filed 8-17-98 as an emergency; operative 8-17-98 (Register 98,
No. 34). A Certificate of Compliance must be transmitted to OAL by 12-15-98
or emergency language will be repealed by operation of law on the following
day.
4. Certificate of Compliance as to 8-1 7-98 order, including amendment of section,
transmitted to OAL 10-16-98 and filed 12-2-98 (Register 98, No. 49).
5. Amendment of section heading and section filed 12-23-2003; operative
1-22-2004 (Register 2003, No. 52).
§ 220.04. Expiration and Renewal of a Motor Carrier
Permit.
(a) Motor Carrier of Property Permit Renewal Application form
[DMV 134 MCP (REV. 1/2004)], which is hereby incorporated by refer-
ence, shall be completed and submitted to the department, prior to the
date of expiration, when a motor carrier applies for renewal of a Motor
Carrier Permit.
(b) The permit term shall remain the same unless the permit is with-
drawn pursuant to Section 220.18 of these regulations or is suspended or
revoked pursuant to California Vehicle Code sections 34505.6, 34623,
or 34624(d).
(c) A permit term shall be limited to 12 months.
NOTE: Authority cited: Sections 1651 and 34604, Vehicle Code. Reference: Sec-
tions 1652, 34620 and 34621, Vehicle Code.
History
1 . New section filed 4-10-98 as an emergency; operative 4-10-98 (Register 98,
No. 15). A Certificate of Compliance must be transmitted to OAL by 8-10-98
or emergency language will be repealed by operation of law on the following
day.
2. Repealed by operation of Government Code section 1 1346.1(g) (Register 98,
No. 34).
3. New section filed 8-17-98 as an emergency; operative 8-17-98 (Register 98,
No. 34). A Certificate of Compliance must be transmitted to OAL by 12-15-98
or emergency language will be repealed by operation of law on the following
day.
4. Certificate of Compliance as to 8-17-98 order, including amendment of section
heading and section, transmitted to OAL 10-16-98 and filed 12-2-98 (Register
98, No. 49).
5. Amendment filed 12-23-2003; operative 1-22-2004 (Register 2003, No. 52).
6. Amendment of subsection (a) filed 2-22-2005; operative 3-24-2005 (Register
2005, No. 8).
§ 220.05. Manner of Submission of Renewal Registration
Transactions to the Department.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 4610, Ve-
hicle Code; and Section 12155, Insurance Code.
HtSTORY
1 . New Note filed 7-7-82; effective thirtieth day thereafter (Register 82, No. 28).
2. Amendment filed 4-11-85; effective thirtieth day thereafter (Register 85, No.
15).
3. Change without regulatory effect renumbering former section 220.05 to section
201.05 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 220.06. Motor Carrier Financial Responsibility.
(a) Acceptable proof of financial responsibility, pursuant to Vehicle
Code section 34630, shall be submitted to the department in the form of
a Certificate of Insurance, [DMV 65 MCP (REV. 7/2002)] pursuant to
Vehicle Code section 34631(a); or a surety bond, [DMV 55 MCP (REV.
10/2003)] pursuant to Vehicle Code Section 3463 1 (b); or a Certificate of
Self-Insurance, [DMV 1 3 1 MCP (NEW 4/98)] pursuant to Vehicle Code
Section 34631(c), which are hereby incorporated by reference.
(1) The Certificate of Insurance [DMV 65 MCP (REV. 7/2002)] shall
be submitted to the department by the motor carrier' s insurance provider.
(2) Proof of financial responsibility pursuant to Division 7, Vehicle
Code section 1 6000 et seq., shall not be substituted for the proof required
for a Motor Carrier Permit.
(3) The name of the motor carrier on the Certificate of Insurance, sure-
ty bond or Self-Insurance Certificate shall match the name of the motor
carrier entered in Part 2 of an Application for Motor Carrier Permit form
[DMV 706 MCP, (REV. 4/2003).]
(b) An Insurance Policy Endorsement, [DMV 67 MCP (REV.
6/2001 )], which is hereby incorporated by reference, amending the insur-
ance policy to comply with insurance requirements imposed by the Mo-
tor Carriers of Property Permit Act, commencing with Vehicle Code sec-
tion 34630, shall be attached to and made part of, the insurance policy
insuring the motor carrier.
(1) The Insurance Policy Endorsement, [DMV 67 MCP (REV.
6/2001)] shall be retained by the insurer and a copy provided to the in-
sured motor carrier.
(2) A duplicate and all related documentation shall be provided to the
department upon request.
(c) Written notice of cancellation of the Certificate of Insurance, re-
quired under Vehicle Code section 34630(b), shall be submitted by the
insurer to the department on a Notice of Cancellation of Insurance,
[DMV 66 MCP (REV. 6/2001)], which is hereby incorporated by refer-
ence.
NOTE: Authority cited: Sections 1651 and 34604, Vehicle Code. Reference: Sec-
tions 1652, 34630, 34631 and 34631.5, Vehicle Code.
History
1. New section filed 4-10-98 as an emergency; operative 4-10-98 (Register 98,
No. 15). A Certificate of Compliance must be transmitted to OAL by 8-10-98
or emergency language will be repealed by operation of law on the following
day.
2. Repealed by operation of Government Code section 1 1346.1(g) (Register 98,
No. 34).
3. New section filed 8-17-98 as an emergency; operative 8-17-98 (Register 98,
No. 34). A Certificate of Compliance must be transmitted to OAL by 12-15-98
or emergency language will be repealed by operation of law on the following
day.
4. Certificate of Compliance as to 8-1 7-98 order, including amendment of section,
transmitted to OAL 10-16-98 and filed 12-2-98 (Register 98, No. 49).
5. Amendment filed 12-23-2003; operative 1-22-2004 (Register 2003, No. 52).
§ 220.08. Verification of Vehicles Used by Motor Carriers.
(a) The annual list of motor vehicles, pursuant to Vehicle Code section
34632, shall be submitted to the department upon original application, re-
newal or reinstatement of a Motor Carrier Permit. The list shall contain
the full Vehicle Identification Number (VIN), license plate number and
state of plate issuance for all motor vehicles used in transportation during
the previous permit term. The requirement to furnish the department with
an annual list shall be satisfied by submitting the annual list signed and
certified under penalty of perjury under the laws of the State of Califor-
nia.
(b) Each motor vehicle operated under the Motor Carrier Permit for
thirty-one (31) days or longer shall be included in the list of motor ve-
hicles submitted in accordance with Vehicle Code section 34632, upon
renewal or reinstatement.
(1) This list shall include vehicles owned, rented, leased, or used on
a seasonal or independent contract basis under the authority of the Motor
Carrier Permit.
NOTE: Authority cited: Sections 1651 and 34604, Vehicle Code. Reference: Sec-
tion 34632, Vehicle Code.
Page 14
Register 2005, No. 8; 2-25-2005
Title 13
Department of Motor Vehicles
§ 220.16
History
1. New section filed 4-10-98 as an emergency; operative 4-10-98 (Register 98,
No. 15). A Certificate of Compliance must be transmitted to OAL by 8-10-98
or emergency language will be repealed by operation of law on the following
day.
2. Repealed by operation of Government Code section 1 1346.1(g) (Register 98,
No. 34).
3. New section filed 8-17-98 as an emergency; operative 8-17-98 (Register 98,
No. 34). A Certificate of Compliance must be transmitted to OAL by 12-15-98
or emergency language will be repealed by operation of law on the following
day.
4. Certificate of Compliance as to 8-17-98 order, including amendment of subsec-
tion (a), transmitted to OAL 10-16-98 and filed 12-2-98 (Register 98, No. 49).
5. Amendment filed 12-23-2003; operative 1-22-2004 (Register 2003, No. 52).
§ 220.10. Motor Carriers' Employees.
(a) The annual report of employees and owner-operator drivers, pur-
suant to Vehicle Code Section 34633, shall be submitted to the depart-
ment by a Motor Carrier with a carrier fleet of 20 or more commercial
motor vehicles, upon renewal or reinstatement of a Motor Carrier Permit.
The report shall contain the total number of employees and owner-opera-
tor drivers, employee classifications (job titles), and compensation (an-
nual gross salary).
(b) The requirement to file a report under oath shall be satisfied by sub-
mitting the list in the form of a sworn statement signed under the penalty
of perjury under the laws of the State of California.
NOTE: Authority cited: Sections 1651 and 34604, Vehicle Code. Reference: Sec-
tions 34633 and 34640, Vehicle Code.
History
1 . New section filed 4-10-98 as an emergency; operative 4-10-98 (Register 98,
No. 15). A Certificate of Compliance must be transmitted to OAL by 8-10-98
or emergency language will be repealed by operation of law on the following
day. For prior history, see Register 93, No. 30.
2. Repealed by operation of Government Code section 11346.1(g) (Register 98,
No. 34).
3. New section filed 8-17-98 as an emergency; operative 8—17—98 (Register 98,
No. 34). A Certificate of Compliance must be transmitted to OAL by 12-15-98
or emergency language will be repealed by operation of law on the following
day.
4. Certificate of Compliance as to 8-17-98 order, including amendment of section,
transmitted to OAL 10-16-98 and filed 12-2-98 (Register 98, No. 49).
§220.12. Owner-Operators.
(a) A motor carrier may submit a written statement to the department,
within fifteen (15) calendar days of the date of service of the order of sus-
pension, showing why good cause exists not to suspend the Motor Carrier
Permit pursuant to Section 34624(d) of the Vehicle Code.
(b) Good cause pursuant to Vehicle Code section 34624(d) shall be as
follows:
(1) The motor vehicle(s) listed under an owner-operator's Motor Car-
rier Permit shall be operated by family members and other drivers who
are enrolled in the department's Employer Pull Notice system, pursuant
to Vehicle Code section 1808.1(a) and (e). This requirement shall be ful-
filled prior to operating any motor vehicle defined in Vehicle Code sec-
tion 1808.1(k) and operated under the owner-operator's Motor Carrier
Permit.
(2) The motor vehicle(s) listed under an owner-operator's Motor Car-
rier Permit shall be operated by casual drivers, as defined in Vehicle Code
section 1808. 1 (j), and under the owner-operator's Motor Carrier Permit.
(A) The owner-operator shall have possession of the casual driver's
current public record prior to operating any motor vehicle identified in
Vehicle Code section 1808.1(k) and operated under the owner-opera-
tor's Motor Carrier Permit.
(c) An owner-operator whose Motor Carrier Permit has been sus-
pended pursuant to Vehicle Code section 34624(d) shall not be entitled
to a hearing to show why the permit should not be suspended.
NOTE: Authority cited: Sections 1651 and 34604, Vehicle Code. Reference: Sec-
tions 1808.1 and 34624, Vehicle Code.
History
1 . New section filed 4-10-98 as an emergency; operative 4-10-98 (Register 98,
No. 15). A Certificate of Compliance must be transmitted to OAL by 8-10-98
or emergency language will be repealed by operation of law on the following
day.
2. Repealed by operation of Government Code section 1 1346.1(g) (Register 98,
No. 34).
3. New section filed 8-17-98 as an emergency; operative 8-1 7-98 (Register 98,
No. 34). A Certificate of Compliance must be transmitted to OAL by 1 2-15-98
or emergency language will be repealed by operation of law on the following
day.
4. Certificate of Compliance as to 8-1 7-98 order, including amendment of section
and Note, transmitted to OAL 10-16-98 and filed 12-2-98 (Register 98, No.
49).
5. Amendment filed 12-23-2003; operative 1-22-2004 (Register 2003, No. 52).
6. Amendment of subsection (b)(1) filed 2-22-2005; operative 3-24-2005 (Reg-
ister 2005, No. 8).
§220.14. Reinstatement Fee.
There shall be one reinstatement fee due after a single, overlapping or
concurrent suspension period. Payment may be made upon receipt of the
notice of suspension. Checks or money orders shall be made payable to
the Department of Motor Vehicles and mailed to the following address:
Department of Motor Vehicles, Motor Carrier Permit Branch, Mail Sta-
tion G875, P.O. Box 932370, Sacramento, CA 94232-3700.
NOTE: Authority cited: Sections 1651 and 34604, Vehicle Code. Reference: Sec-
tion 34623.5, Vehicle Code.
History
1 . New section filed 4-10-98 as an emergency; operative 4-10-98 (Register 98,
No. 15). A Certificate of Compliance must be transmitted to OAL by 8-10-98
or emergency language will be repealed by operation of law on the following
day.
2. Repealed by operation of Government Code section 1 1346.1(g) (Register 98,
No. 34).
3. New section filed 8-17-98 as an emergency; operative 8-17-98 (Register 98,
No. 34). A Certificate of Compliance must be transmitted to OAL by 12-1 5-98
or emergency language will be repealed by operation of law on the following
day.
4. Certificate of Compliance as to 8-1 7-98 order, including amendment of section,
transmitted to OAL 10-16-98 and filed 12-2-98 (Register 98, No. 49).
5. Renumbering of former section 220.14 to section 220.16 and new section
220.14 filed 12-23-2003; operative 1-22-2004 (Register 2003, No. 52).
§ 220.16. Workers' Compensation.
(a) Acceptable evidence of compliance with Workers' Compensation
laws, pursuant to Vehicle Code section 34640(a)(1), shall be submitted
to the department on a Certificate of Insurance form [DMV 65 MCP
(REV. 7/2002)] or Workers' Compensation letter, [SCIF 10262 (REV.
5/01)] or [SCIF 10265 (no revision date)], which are hereby incorporated
by reference or certification of consent to self-insure issued by the Direc-
tor of Industrial Relations pursuant to Vehicle Code section 34640(a)(2).
(b) An applicant for a Motor Carrier Permit that does not employ any
persons in the motor carrier operation shall certify on an Application for
Motor Carrier Permit form [DMV 706 MCP (REV. 4/2003)], under pen-
alty of perjury under the laws of the State of California, that as a motor
carrier, no person is employed in any manner so as to become subject to
California Workers' Compensation laws pursuant to Vehicle Code sec-
tion 34640(a)(3).
(c) A motor carrier that becomes subject to California Workers' Com-
pensation laws shall file with the department, within thirty (30) days, a
certificate of workers' compensation coverage pursuant to Vehicle Code
section 34640(a)(1), or certification of consent to self-insure issued by
the Director of Industrial Relations pursuant to Vehicle Code section
34640(a)(2).
(d) Departmental notification of cancellation of insurance shall be on
a Notice of Cancellation of Insurance form [DMV 66 MCP (REV.
6/2001)] or Workers' Compensation Notice of Cancellation letter [SCIF
19102 (NO REVISION)], which are hereby incorporated by reference.
NOTE: Authority cited: Sections 1651 and 34604, Vehicle Code. Reference: Sec-
tions 1652, 34621(b)(7) and 34640, Vehicle Code.
History
1. New section filed 4-10-98 as an emergency; operative 4-10-98 (Register 98,
No. 15). A Certificate of Compliance must be transmitted to OAL by 8-10-98
or emergency language will be repealed by operation of law on the following
day.
2. Repealed by operation of Government Code section 1 1 346.1 (g) (Register 98,
No. 34).
Page 14.1
Register 2005, No. 8; 2-25-2005
§ 220.18
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
3. New section filed 8-17-98 as an emergency; operative 8-17-98 (Register 98,
No. 34). A Certificate of Compliance must be transmitted to OAL by 12-15-98
or emergency language will be repealed by operation of law on the following
day.
4. Certificate of Compliance as to 8-1 7-98 order, includine amendment of section,
transmitted to OAL 10-16-98 and filed 12-2-98 (Register 98, No. 49).
5. Renumbering of former section 220. 16 to section 220.18 and renumbering and
amendment of former section 220.14 to new section 220.16 filed 12-23-2003;
operative 1-22-2004 (Register 2003, No. 52).
§ 220.1 8. Voluntary Withdrawal.
(a) A motor carrier, who wishes to cease operations as a permitted mo-
tor carrier, prior to canceling or terminating liability insurance, shall sub-
mit a written request on a Request for Voluntary Withdrawal Motor Car-
riers of Property Permit form [DMV 716 MPC (REV. 6/2001)], which is
hereby incorporated by reference.
(b) A refund of the fees for the next permit term shall only be issued
when the vehicle will not be operated intrastate in California during the
next permit term, and the term of the permit has not yet begun.
NOTE: Authority cited: Sections 1651 and 34604, Vehicle Code. Reference: Sec-
tion 34630(b), Vehicle Code.
History
1 . Renumbering and amendment of former section 220. 1 6 to new section 220. 1 8
filed 12-23-2003; operative 1-22-2004 (Register 2003, No. 52).
§ 220.20. Seasonal Operations.
(a) A seasonal permit shall be issued for a period of no less than six (6)
months and no more than eleven (11) months within an assigned twelve
(12)-month permit term.
(1) The months may or may not be contiguous.
NOTE: Authority cited: Sections 1651 and 34604, Vehicle Code. Reference: Sec-
tion 7236(a)(3), Revenue and Taxation Code.
History
1. New section filed 12-23-2003; operative 1-22-2004 (Register 2003, No. 52).
For prior history, see Register 77, No. 41 .
CERTIFICATE OF SELF INSURANCE
§ 221 .00. Requirements to Self-Insure.
Qualifications as a self-insurer shall include all of the following re-
quirements:
(a) The applicant shall have more than twenty-five (25) motor ve-
hicles registered in the name of the motor carrier on the Application for
Motor Carrier Permit form [DMV 706 MCP (REV. 4/2003)].
(b) The applicant shall complete and submit to the department an as-
signments) of a cash deposit(s) or savings account(s) equal to the mone-
tary amounts as specified in Vehicle Code section 34631.5, subdivision
(a), paragraphs (1) and (2) and an additional $5,000 to offset potential ad-
ministrative costs along with the Assignment to the Department of Motor
Vehicles [DMV 133 MCP, (REV. 8/2002)], which is hereby incorpo-
rated by reference, assigning the money to the department.
(c) The applicant shall have no unsatisfied final judgment(s) against
the motor carrier name, the "Doing Business As" (DBA) name, or trade
names listed on the Application for Motor Carrier Permit form [DMV
706 MCP (REV. 4/2003)] resulting from property damages and/or bodily
injury (including death) caused by a motor vehicle accident.
NOTE: Authority cited: Sections 1651 and 34604, Vehicle Code. Reference: Sec-
tion 34630, Vehicle Code.
History
1. New section filed 4-10-98 as an emergency; operative 4-10-98 (Register 98,
No. 15). A Certificate of Compliance must be transmitted to OAL by 8-10-98
or emergency language will be repealed by operation of law on the following
day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 98,
No. 34).
3. New section filed 8-17-98 as an emergency; operative 8-17-98 (Register 98,
No. 34). A Certificate of Compliance must be transmitted to OAL by 12-15-98
or emergency language will be repealed by operation of law on the following
day.
4. Certificate of Compliance as to 8-1 7-98 order, including amendment of section,
transmitted to OAL 10-16-98 and filed 12-2-98 (Register 98, No. 49).
5. Amendment filed 12-23-2003; operative 1-22-2004 (Register 2003, No. 52).
§ 221 .02. Application to Self-Insure.
(a) An applicant requesting a Certificate of Self-Insurance [DMV 131
MCP (NEW 4/98)] shall complete, sign and certify under penalty of per-
jury under the laws of the State of California, an Application for a Certifi-
cate of Self-Insurance form [DMV 130 MCP (REV. 7/2002)], which is
hereby incorporated by reference, to the department. The application
shall be processed at no charge.
(b) The applicant shall indicate the level of financial responsibility re-
quested and statutorily required for the type of commercial transportation
operation(s) specified in Vehicle Code section 34631.5, subdivision (a),
paragraphs (I) and (2).
(c) The department shall consider and may approve the Application for
a Certificate of Self-Insurance in accordance with the provisions of Divi-
sion 14.85 of the Vehicle Code and Sections 221.00 et seq. of Title 13,
Division I, Chapter 1 of the California Code of Regulations.
(d) The department shall notify an applicant in writing, within seven
(7) days of receipt of an application, that it is complete or deficient.
(1) An application is considered complete when the applicable re-
quirements of the Motor Carriers of Property Permit Act self- insurance
statutes and these regulations have been fulfilled.
(A) With the determination that an application is complete, a certifi-
cate shall be issued.
(2) An application is considered deficient when the applicable require-
ments of the Motor Carrier of Property Permit Act self-insurance statutes
and these regulations are not fulfilled.
(A) With the determination that an application is deficient, the depart-
ment shall identify the specific requirement(s) needed to complete the
application.
(e) An applicant shall respond in ten (10) days with supporting data re-
quested by the department to determine initial eligibility as a self-insur-
er. Failure to respond may cause immediate cancellation of the applica-
tion.
NOTE: Authority cited: Sections 1651 and 34604, Vehicle Code. Reference: Sec-
tions 34630, 34631 and 34631.5, Vehicle Code; and Section 15376, Government
Code.
History
1. New section filed 4-10-98 as an emergency; operative 4-10-98 (Register 98,
No. 15). A Certificate of Compliance must be transmitted to OAL by 8-10-98
or emergency language will be repealed by operation of law on the following
day.
2. Repealed by operation of Government Code section 1 1346.1(g) (Register 98,
No. 34).
3. New section filed 8-17-98 as an emergency; operative 8-17-98 (Register 98,
No. 34). A Certificate of Compliance must be transmitted to OAL by 12-1 5-98
or emergency language will be repealed by operation of law on the following
day.
4. Certificate of Compliance as to 8-17-98 order, including amendment of section,
transmitted to OAL 10-16-98 and filed 12-2-98 (Register 98, No. 49).
5. Amendment of section heading and section filed 12-23-2003; operative
1-22-2004 (Register 2003, No. 52).
§ 221 .04. Assignment of Funds to the Department.
After approval, an applicant shall assign funds to the department in the
manner described in this section.
(a) The applicant shall assign one or more cash deposits or savings ac-
counts that accumulatively contain the monetary amounts specified in
Vehicle Code section 34631.5, subdivision (a), paragraphs (1) and (2).
(b) The assignment of the monetary amount may be accepted on more
than one assignment form, an Assignment for a Motor Carrier Certificate
of Self-Insurance form [DMV 133 MCP (REV. 8/2002)].
(c) In addition to the statutorily required amount, the applicant shall
deposit an additional $5,000 to offset potential administrative costs. Ad-
ministrative costs that exceed $5,000 shall be paid out of the principal.
(d) An account shall be held in a bank(s) guaranteed by the Federal De-
posit Insurance Corporation (FDIC); a savings association(s) guaranteed
by the Savings Association Insurance Fund (SAIF); and/or a credit
union(s) guaranteed by the National Credit Union Administration
(NCUA). The financial institutions holding the funds assigned to the de-
partment shall have a physical office located in California.
Page 14.2
Register 2005, No. 8; 2-25-2005
Title 13
Department of Motor Vehicles
§ 221.12
(e) The applicant shall instruct the financial institution(s) to prepare
and forward to the department an Assignment for a Motor Carrier Certifi-
cate of Self-Insurance, [DMV 133 MCP (REV. 8/2002)] assigning the
above described funds to the department.
NOTE: Authority cited: Sections 1651 and 34604, Vehicle Code. Reference: Sec-
tions 34630 and 34631.5, Vehicle Code.
History
1. New section filed 4-10-98 as an emergency; operative 4-10-98 (Register 98,
No. 15). A Certificate of Compliance must be transmitted to OAL by 8-10-98
or emergency language will be repealed by operation of law on the following
day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 98,
No. 34).
3. New section filed 8-17-98 as an emergency; operative 8-17-98 (Register 98,
No. 34). A Certificate of Compliance must be transmitted to OAL by 12-15-98
or emergency language will be repealed by operation of law on the following
day.
4. Certificate of Compliance as to 8-1 7-98 order, including amendment of section,
transmitted to OAL 10-16-98 and filed 12-2-98 (Register 98, No. 49).
5. Amendment of section heading and section filed 12-23-2003; operative
1-22-2004 (Register 2003, No. 52).
§ 221 .06. Issuance of the Certificate of Self-Insurance.
(a) After the application and assignment(s) are approved, the depart-
ment shall issue a Certificate of Self-Insurance [DMV 131 MCP (NEW
4/98)], which shall contain an assigned number that serves as written evi-
dence of self-insurance.
(b) The Certificate of Self-Insurance shall only serve as proof of finan-
cial responsibility under Vehicle Code section 34631.5, subdivision (a),
paragraphs (1) and (2).
NOTE: Authority cited: Sections 1651 and 34604, Vehicle Code. Reference: Sec-
tion 34630(b), Vehicle Code.
History
1. New section filed 4-10-98 as an emergency; operative 4-10-98 (Register 98,
No. 15). A Certificate of Compliance must be transmitted to OAL by 8-10-98
or emergency language will be repealed by operation of law on the following
day.
2. Repealed by operation of Government Code section 1 1346.1(g) (Register 98,
No. 34).
3. New section filed 8-17-98 as an emergency; operative 8-17-98 (Register 98,
No. 34). A Certificate of Compliance must be transmitted to OAL by 12-15-98
or emergency language will be repealed by operation of law on the following
day.
4. Certificate of Compliance as to 8-1 7-98 order, including amendment of section,
transmitted to OAL 10-16-98 and filed 12-2-98 (Register 98, No. 49).
5. Amendment filed 12-23-2003; operative 1-22-2004 (Register 2003, No. 52).
§ 221 .08. Cancellation of the Certificate of Self-Insurance.
(a) Cancellation of a Certificate of Self-Insurance [DMV 131 MCP
(NEW 4/98)], which is hereby incorporated by reference, and self insur-
ance status may be initiated by the department for the following:
(1 ) Failure to maintain the requirements for obtaining a certificate pur-
suant to Section 221.020 of Title 13, Division 1, Chapter 1 of the Califor-
nia Code of Regulations.
(2) Failure to submit data in ten (10) days that is requested by the de-
partment to investigate and determine ongoing eligibility.
(3) Failure to provide adequate financial responsibility or greater fi-
nancial responsibility that may be required in the future as a result of a
change in statute.
(b) The department retains the authority to cancel the Certificate of
Self-Insurance and self insurance status if the motor carrier fails to pro-
vide adequate financial responsibility as required in Vehicle Code sec-
tion 34630.
NOTE: Authority cited: Sections 1651 and 34604, Vehicle Code. Reference: Sec-
tions 34630 and 34631, Vehicle Code.
History
1. New section filed 4-10-98 as an emergency; operative 4-10-98 (Register 98,
No. 15). A Certificate of Compliance must be transmitted to OAL by 8-10-98
or emergency language will be repealed by operation of law on the following
day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 98,
No. 34).
3. New section filed 8-17-98 as an emergency; operative 8-17-98 (Register 98,
No. 34). A Certificate of Compliance must be transmitted to OAL by 1 2-1 5-98
or emergency language will be repealed by operation of law on the following
day.
4. Certificate of Compliance as to 8-1 7-98 order, including amendment of section,
transmitted to OAL 10-16-98 and filed 12-2-98 (Register 98, No. 49).
5. Amendment filed 12-23-2003; operative 1-22-2004 (Register 2003, No. 52).
§ 221 .1 0. Disbursement of Assignment.
(a) The assignment gives the Director the authority to disburse money
from the principal and from the $5,000 set aside for administrative costs.
(b) The money shall be disbursed for the following purposes:
(1) A final unsatisfied judgment against the assignor, to the limits set
forth in Vehicle Code section 3463 1. 5, subdivision (a), paragraphs (1)
and (2), for damages to or destruction of property (other than the property
being transported by the carrier), or bodily injury or death to any person
arising from the use or operation of a motor vehicle under the Motor Car-
rier Permit.
(2) Administrative costs incurred by the department to determine legal
entitlement to all or a portion of the cash deposit(s) or savings account(s).
Costs that exceed $5,000 shall be paid out of the principal.
(3) If the Director, the department, any of its officers or employees, or
the State of California is a defendant in any action instituted to recover
all or any part of the assigned account, or any action is instituted by the
Director, the department, or the State of California to determine those en-
titled to any part of the account, the department shall be reimbursed for
administrative costs from the account(s).
NOTE: Authority cited: Sections 1651 and 34604, Vehicle Code. Reference: Sec-
tion 34630, Vehicle Code.
History
1. New section filed 4-10-98 as an emergency; operative 4-10-98 (Register 98,
No. 15). A Certificate of Compliance must be transmitted to OAL by 8-10-98
or emergency language will be repealed by operation of law on the following
day.
2. Repealed by operation of Government Code section ] 1346.1(g) (Register 98,
No. 34).
3. New section filed 8-17-98 as an emergency; operative 8-17-98 (Register 98,
No. 34). A Certificate of Compliance must be transmitted to OAL by 1 2-1 5-98
or emergency language will be repealed by operation of law on the following
day.
4. Certificate of Compliance as to 8-1 7-98 order, including amendment of section,
transmitted to OAL 10-16-98 and filed 12-2-98 (Register 98, No. 49).
5. Amendment of subsections (b)(1) and (b)(3) filed 12-23-2003; operative
1-22-2004 (Register 2003, No. 52).
§ 221 .1 2. Termination of Assignment.
(a) A request for termination submitted on a Request to Terminate Self
Insurance form [DMV 132 MCP (REV. 3/2001)] shall be deemed a ter-
mination of the assignment of the cash deposit(s) or savings account(s)
and self-insurance status. The termination shall be processed at no
charge.
(b) The Director shall release the money held by the assignment to the
assignor seven years after the termination of the Motor Carrier Permit;
or when acceptable proof of financial responsibility pursuant to Vehicle
Code section 34630 is submitted to the department in the form of a Certif-
icate of Insurance, [DMV 65 MCP (REV. 7/2002)] or a surety bond,
[DMV 55 MCP (REV. 10/2003)]; or receipt of an incomplete Applica-
tion for Motor Carrier Permit form [DMV 706 MCP (REV. 4/2003)] with
no further activity. The Director may utilize his/her discretion and release
the assignment before the seven-year period is complete when he/she is
satisfied that there are no outstanding claims and unsatisfied final judg-
ments against the motor carrier or former motor carrier. A judge of a su-
perior court may order the return of the money held by the assignment
prior to the expiration upon evidence satisfactory to the judge that there
are no outstanding claims against the money held by the assignment.
(c) The assignment shall be released when the Director orders the as-
signed account(s) returned.
NOTE: Authority cited: Sections 1651 and 34604, Vehicle Code. Reference: Sec-
tion 34630, Vehicle Code.
History
1. New section filed 4-10-98 as an emergency; operative 4-10-98 (Register 98,
No. 15). A Certificate of Compliance must be transmitted to OAL by 8-10-98
Page 14.3
Register 2006, No. 8; 2-24-2006
§ 225.00
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
or emergency language will be repealed by operation of law on the following
day.
2. Repealed by operation of Government Code section 1 1346.1(e) (Register 98,
No. 34).
3. New section filed 8-17-98 as an emergency; operative 8-17-98 (Register 98,
No. 34). A Certificate of Compliance must be transmitted to OAL by ] 2-15-98
or emergency language will be repealed by operation of law on the following
day.
4. Certificate of Compliance as to 8-1 7-98 order, including amendment of section
heading and section, transmitted to OAL 10-16-98 and filed 1 2-2-98 (Register
98, No. 49).
5. Amendment filed 12-23-2003; operative 1-22-2004 (Register 2003, No. 52).
6. Amendment of subsection (b) filed 2-22-2005; operative 3-24-2005 (Register
2005, No. 8).
Article 3.6.
Business Partner Automation
Program
§ 225.00. Definitions.
The following definitions shall apply to this article.
(a) The term "BPA" shall identify the Business Partner Automation
Program.
(b) The term "BPA contract" shall be defined as an agreement between
the State and a qualified private industry partner as authorized under Sec-
tion 1685 of the Vehicle Code.
(c) The term "accountable inventory" shall be defined as inventory
identified by a unique serial number that is assigned by the department.
These items are the department issued license plates and year stickers.
These items are at all times the property of the department.
(d) The term "controlled inventory" shall be defined as inventory that
may impact the registration of vehicles and collection of fees. These
items are the department issued computer DMV95A paper and month
stickers. These items are at all times the property of the department.
(e) The terms "first-line business partner," "first-line service provid-
er," and "second-line business partner" shall be defined as set forth in
Section 1685(b)(1)(A) through (C) of the Vehicle Code. A business part-
ner that acts as a registration service is subject to Chapter 2.5, Division
5 of the Vehicle Code unless otherwise exempt.
(f) The term "interface" shall be defined as the electronic exchange of
information.
(g) A "change in legal structure" shall be defined as a change between
sole owner, partnership, corporation, Limited Liability Company or oth-
er legal entity.
(h) The term "owner" shall be defined as sole owner, partner (except
for limited partner), Limited Liability Company members, or private and
public corporation shareholders with 10% or more interest in the corpo-
ration.
NOTE: Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Sec-
tion 1685, Vehicle Code.
History
1. New article 3.6 (sections 225.00-225.72) and section filed 7-5-2002 as an
emergency; operative 7-5-2002 (Register 2002, No. 28). A Certificate of Com-
pliance must be transmitted to OAL by 1 1^1-2002 or emergency language will
be repealed by operation of law on the following day.
2. New article 3.6 (sections 225.00-225.72) and section refiled 1 1-4-2002 as an
emergency; operative 11-4-2002 (Register 2002, No. 45). A Certificate of
Compliance must be transmitted to OAL by 3-4-2003 or emergency language
will be repealed by operation of law on the following day.
3. New article 3.6 (sections 225.00-225.72) and section refiled 3-3-2003 as an
emergency; operative 3-3-2003 (Register 2003, No. 1 0). A Certificate of Com-
pliance must be transmitted to OAL by 7-1-2003 or emergency language will
be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-3-2003 order transmitted to OAL 6-27-2003
and filed 8-1 1-2003 (Register 2003, No. 33).
§ 225.03. Application Requirements.
A business partner applicant shall complete all requirements and sub-
mit to the BPA Program Administrator the following:
(a) A business partner applicant shall complete, sign and submit an ap-
plication form for the appropriate type of business.
(1 ) The application form for a first-line business partner is a Business
Partner Automation Application, First-Line Business Partner form,
REG 4024 (REV. 4/2005).
(2) The application form for a first-line service provider is a Business
Partner Automation Application, First-Line Service Provider form,
REG 4023 (REV. 4/2005).
(3) The application form for a second-line business partner is a Busi-
ness Partner Automation Application, Second-Line Business Partner
form, REG 4025 (REV. 4/2005).
(4) The application forms identified in Section 225.03(a)(1) through
(3) of these regulations are hereby incorporated by reference.
(5) Each business partner owner shall be identified on the application
form submitted pursuant to Section 225.03(a)( 1) through (3) of these reg-
ulations.
(b) A business partner applicant shall pay a non-refundable applica-
tion fee of three hundred and twenty-four dollars ($324) for its principal
place of business and one hundred and thirty dollars ($130) for each site
added with the application. Checks shall be made payable to the Depart-
ment of Motor Vehicles. This fee shall be paid at the time the application
is submitted. An application for a BPA contract shall be submitted via US
mail or private courier to the following address: Department of Motor
Vehicles, BPA Program Administrator, 241 5 1 st Avenue, MS E383, Sac-
ramento, C A 95818.
(1 ) An application shall be valid for one year from the date the applica-
tion is first received by the department. An applicant who fails to fulfill
the requirements identified in this section within one year from the date
the application is first received by the department must reapply and pay
a new application fee.
(c) A business partner applicant shall provide the information required
by the Business Partner Automation Program Information Security Pre-
Implementation Checklist for First-Line Business Partner and First-
Line Service Provider form, INV5555A (NEW 1 1/2002) or the Business
Partner Automation Program Information Security Pre-Implementation
Checklist for Second-Line Business Partner form, INV 5555B (NEW
1 1/2002) and in the BPA contract.
(d) A business partner applicant shall submit a photocopy of the com-
pleted and signed Request for Live Scan Service form, DMV8016 (Rev.
11/2002) in accordance with Section 225.06 of these regulations and a
Statement of Personal History form, REG 4019 (Rev. 1 1/2002) for each
owner and each employee. The Statement of Personal History form is
hereby incorporated by reference. A business partner applicant shall sub-
mit the documents required by this section for all owners, managers, and
administrative staff responsible for the oversight of the program or who
manage, administer, supervise, or monitor transactions, inventory, em-
ployees, or money; order or account for inventory; and employees who
process vehicle registration transactions or work directly with customers.
(1) A business partner applicant located out-of-state or with BPA site
locations out-of-state shall submit fingerprints for each owner identified
on the application form and each of its employees on a Fingerprint Card
form, ADM 13 16 (Rev. 1/97) or on a Request for Live Scan Service form
in accordance with Section 225.06 of these regulations.
(A) The Fingerprint Card form shall be submitted to a local law en-
forcement agency. After the local law enforcement agency completes the
form, processes for fingerprints, and signs and identifies itself, the form
shall be returned to the business partner owner or employee, who will
submit the form to the BPA Program Administrator.
(B) The completed original fingerprint forms, along with a copy of the
receipt from the local law enforcement agency for processing the form,
a photocopy of each person's valid driver license or identification card
issued by the state where the site is located, a completed and signed Per-
sonal History Statement form for each person, and the fee as authorized
in Penal Code section 1 1 105(e) for the Department of Justice (DOJ) fin-
gerprint checks for each set of fingerprints shall be sent by trackable mail.
Checks shall be made payable to the Department of Motor Vehicles.
(e) Fingerprints shall not be required when the person to be finger-
printed is a business partner owner who is currently an occupational li-
Page 14.4
Register 2006, No. 8; 2-24-2006
Title 13
Department of Motor Vehicles
§ 225.09
censee of the department and whose fingerprints have already been sub-
mitted to the department.
(f) The business partner applicant shall submit evidence of compliance
with Section 225.09 of these regulations.
(g) A business partner applicant shall complete, sign and submit the
Information Security and Disclosure Statement (Firm) form EXEC201X
(REV. 3/2003), which is hereby incorporated by reference.
(h) A business partner applicant that is a registration service, a disman-
tler or a vehicle dealer licensed by the department shall submit a copy of
the Occupational License form, OL 39 (REV. 7/2004) form as evidence
of a valid occupational license. The form is hereby incorporated by refer-
ence.
(i) A business partner with BPA site locations out-of-state shall main-
tain an office in the State of California or designate a registered agent
within the State of California for service of process.
(1) The identification of a registered agent within the State of Califor-
nia that is available for service of process shall be provided on an applica-
tion form identified in Section 225.03(a)(1) through (3) of these regula-
tions.
(j) The department will review a submitted application package and
determine whether or not the application package is complete within
thirty (30) days of the receipt of the application package as required by
Section 225.03 of these regulations. After a determination has been made
by the department; written notification shall be sent to the applicant in-
form the applicant that the application is complete and acceptable for fil-
ing or that the application is deficient and what specific information is re-
quired by the applicant. The department will review a complete
application package and decide whether or not to enter into a BPA con-
tract within ninety (90) days of receipt of the complete package.
NOTE: Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Sec-
tions 1652, 1653 and 1685, Vehicle Code.
History
1. New section filed 7-5-2002 as an emergency; operative 7-5-2002 (Register
2002, No. 28). A Certificate of Compliance must be transmitted to OAL by
1 l^t-2002 or emergency language will be repealed by operation of law on the
following day.
2. New section with amendments refiled 1 1-4-2002 as an emergency; operative
1 1^1-2002 (Register 2002, No. 45). A Certificate of Compliance must be trans-
mitted to OAL by 3-^-2003 or emergency language will be repealed by opera-
tion of law on the following day.
3. New section refiled 3-3-2003 as an emergency, including amendments to sub-
sections (a)(3), (c) and (d); operative 3-3-2003 (Register 2003, No. 10). A Cer-
tificate of Compliance must be transmitted to OAL by 7-1-2003 or emergency
language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-3-2003 order, including amendment of sub-
section (g), transmitted to OAL 6-27-2003 and filed 8-11-2003 (Register
2003, No. 33).
5. Amendment of subsections (a)(l )-(3), (b) and (d)(1)(B), new subsection (h) and
subsection relettering filed 2-22-2006; operative 3-24-2006 (Register 2006,
No. 8).
§ 225.06. Fingerprints.
(a) A business partner applicant shall submit fingerprints for business
partner owners and employees located in California to a Live Scan facil-
ity for each person identified in Section 225.03(d) of these regulations.
A copy of the Request for Live Scan Service form, DMV 8016 (Rev.
1 1/2001 ) shall be submitted for any and all persons being fingerprinted
prior to participation in the BPA.
(1) The Request for Live Scan Service form shall contain the follow-
ing:
(A) The typed or printed true, full name of the person fingerprinted.
(B) Any aliases used by the person fingerprinted.
(C) The birth date of the person fingerprinted.
(D) The birthplace of the person fingerprinted.
(E) The sex, height, weight, eye color and hair color of the person fin-
gerprinted.
(F) The driver license or identification card number of the person fin-
gerprinted and state of issue.
(G) The social security number of the person fingerprinted.
(H) The date the fingerprints are taken.
(I) The signature of the person taking the fingerprints.
(J) A statement that the Request for Live Scan Service form shall be
for the purpose of determining approval to participate in the BPA.
(K) The home address and telephone number of the person finger-
printed.
(b) A business partner applicant shall submit fingerprints for business
partner owners and employees located out-of-state for each person iden-
tified in Section 225.03(d) of these regulations to a Live Scan facility or
to any local law enforcement agency. A Fingerprint Card form.
ADM 13 16 (Rev. 1/97) shall be submitted for the person being finger-
printed prior to participation in the BPA.
(1) The Fingerprint Card form shall contain the following:
(A) The true, full name of the person fingerprinted.
(B) The signature of the person fingerprinted.
(C) The date the person is fingerprinted.
(D) The signature of the official at the local law enforcement agency
taking the fingerprints.
(E) The name and address of the law enforcement agency performing
the fingerprinting.
(F) Aliases (AKA) of the person fingerprinted.
(G) The driver license or state issued identification card number of the
person fingerprinted.
(H) The sex, height, weight, eye color and hair color of the person fin-
gerprinted.
(I) The birthplace of the person fingerprinted.
(J) The date of birth of the person fingerprinted.
(K) The social security number of the person fingerprinted.
(L) On the reverse side, the "Occupational Licensing Branch" box and
"Other" box shall be checked and the notation "BPA" added to explain
why the "Other" box is checked.
(M) The name of the business partner that is owned by or employs the
person fingerprinted.
(N) The street address and city of the business partner that is owned
by or employs the person fingerprinted.
(0) The position (title) in the business of the person fingerprinted.
(P) The street address and city of the person fingerprinted.
NOTE: Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Sec-
tion 1685, Vehicle Code.
History
1. New section filed 7-5-2002 as an emergency; operative 7-5-2002 (Register
2002, No. 28). A Certificate of Compliance must be transmitted to OAL by
1 1-4-2002 or emergency language will be repealed by operation of law on the
following day.
2. New section with amendment of subsection (a) refiled 1 1^1—2002 as an emer-
gency; operative 1 1^4—2002 (Register 2002, No. 45). A Certificate of Com-
pliance must be transmitted to OAL by 3^1-2003 or emergency language will
be repealed by operation of law on the following day.
3. New section refiled 3-3-2003 as an emergency; operative 3-3-2003 (Register
2003. No. 10). A Certificate of Compliance must be transmitted to OAL by
7-1-2003 or emergency language will be repealed by operation of law on the
following day.
4. Certificate of Compliance as to 3-3-2003 order transmitted to OAL 6-27-2003
and filed 8-1 1-2003 (Register 2003, No. 33).
§ 225.09. Financial Security Requirements.
(a) Every applicant for issuance or renewal of a business partner per-
mit shall submit the bond required by Vehicle Code section
1 685(b)(2)(C) to the department on a Business Partner Automation Sure-
ty Bond form, REG 866 (Rev. 4/2005), which is hereby incorporated by
reference.
(1 ) The surety bond shall be valid for the term of its BPA contract plus
three (3) months.
(2) A cash deposit as provided in Section 995.710 of the Code of Civil
Procedure shall be acceptable in lieu of the surety bond.
(b) The amount of financial security required shall be as follows:
(1) A first-line business partner shall maintain a bond in the amount
of six hundred and fifty thousand dollars ($650,000).
(2) A first-line service provider shall maintain a bond in the amount
of one million dollars ($1,000,000).
Page 14.5
Register 2007, No. 28; 7-13-2007
§ 225.12
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(3) A second-line business partner processing new vehicle reports of
sale, vehicle transfer, vehicle license fee (VLF) refund, salvage, junk, or
nonrepairable vehicle transactions or any combination thereof shall
maintain a bond in the amount of fifty thousand dollars ($50,000). A se-
cond-line business partner processing registration renewal transactions
only shall maintain a bond in the amount of ten thousand dollars
($10,000).
(c) A business partner shall hold the State of California and any politi-
cal subdivision thereof or any of its officers, agents, or employees harm-
less for monetary losses caused by the business partner's misuse of the
information obtained from the department or obtained from customers
for transactions processed by the business partner and secured by the
bond.
(d) A rider for the surety bond may be accepted when adding proces-
sing transaction(s) to the surety bond.
(e) A business partner shall pay to the department monies collected by
the business partner and due to the department, including any transaction
fee imposed in regulation or statute by the State under Vehicle Code sec-
tion 1685.
(f) A business partner shall reimburse the State of California, or any
political subdivision thereof, for any loss or damage that the State of
California, or any political subdivision thereof, may suffer by reason of
any act of the business partner, its agents or employees arising out of or
related to the business partner' s duties, functions or obligations as a busi-
ness partner, in any amount up to the maximum amount secured under
the bond, when any of the following conditions occur:
(1) Information obtained from the department or customers by false or
misleading representations while performing the duties, functions and
obligations of a business partner.
(2) Information obtained from the department and customers and used
for any purpose other than specified in the regulations or BPA contract.
(3) Any other act resulting in monetary losses being suffered by the
State of California, any political subdivision of the State of California,
or any of its officers, agents or employees arising out of or related to the
duties, functions and obligations of a business partner.
(g) A cash deposit shall be released by the department five (5) years
after the business partner ceases to do business in the BPA program or
when the contract and permit expires and is not renewed and the depart-
ment is satisfied that there are no outstanding claims and unsatisfied final
judgments against the business partner arising out of or related to the du-
ties, functions or obligations as a business partner.
NOTE: Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Sec-
tion 1685, Vehicle Code.
History
1. New section filed 7-5-2002 as an emergency; operative 7-5-2002 (Register
2002, No. 28). A Certificate of Compliance must be transmitted to OAL by
1 1-4-2002 or emergency language will be repealed by operation of law on the
following day.
2. New section with amendment of section heading and section refiled 1 1-4-2002
as an emergency; operative 1 1-4-2002 (Register 2002, No. 45). A Certificate
of Compliance must be transmitted to OAL by 3-4-2003 or emergency lan-
guage will be repealed by operation of law on the following day.
3. New section refiled 3-3-2003 as an emergency, including amendment of sub-
section (a)(1), new subsection (b)(2) and subsection renumbering; operative
3-3-2003 (Register 2003, No. 10). A Certificate of Compliance must be trans-
mitted to OAL by 7-1-2003 or emergency language will be repealed by opera-
tion of law on the following day.
4. Certificate of Compliance as to 3-3-2003 order, including amendment of sub-
sections (a)(1) and (a)(3) and new subsections (c)-(e)(3), transmitted to OAL
6-27-2003 and filed 8-1 1-2003 (Register 2003, No. 33).
5. Amendment filed 2-22-2006; operative 3-24-2006 (Register 2006, No. 8).
§ 225.12. Business Partner Contract.
(a) A business partner applicant shall sign the BPA contract prepared
on a State of California, Standard Agreement form, STD213 (NEW 2/98)
and executed in accordance with the Department of General Services re-
quirements and the State Contracting Manual.
(b) A BPA contract shall be in effect for thirty-six (36) months. A re-
newal application and new BPA contract shall be required for each subse-
quent permit. The renewal application process may be started one
hundred and twenty (120) days before the BPA contract and permit ex-
pire.
(c) Should any provision of the BPA contract, statute or regulations be
deemed illegal or unenforceable, all remaining provisions of the BPA
contract, statutes, and regulations shall remain in effect.
NOTE: Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Sec-
tions 1653 and 1685, Vehicle Code.
History
1. New section filed 7-5-2002 as an emergency; operative 7-5-2002 (Register
2002, No. 28). A Certificate of Compliance must be transmitted to OAL by
1 1-4-2002 or emergency language will be repealed by operation of law on the
following day.
2. New section with amendment of subsections (b) and (c) refiled 1 1-4-2002 as
an emergency; operative 1 1-4-2002 (Register 2002, No. 45). A Certificate of
Compliance must be transmitted to OAL by 3-4-2003 or emergency language
will be repealed by operation of law on the following day.
3. New section refiled 3-3-2003 as an emergency; operative 3-3-2003 (Register
2003, No. 10). A Certificate of Compliance must be transmitted to OAL by
7-1-2003 or emergency language will be repealed by operation of law on the
following day.
4. Certificate of Compliance as to 3-3-2003 order transmitted to OAL 6-27-2003
and filed 8-1 1-2003 (Register 2003, No. 33).
5. Amendment of subsection (b) filed 2-22-2006; operative 3-24-2006 (Register
2006. No. 8).
§ 225.15. BPA Permit Authority.
(a) No person shall act as a business partner who is not a party to a cur-
rently valid BPA contract.
(b) A BPA permit shall be issued to each first-line business partner,
first-line service provider and second-line business partner for each site
location that the department has determined meets the qualifications to
enter into a BPA contract. Upon the execution of the BPA contract, the
department will issue a BPA permit. The BPA permit shall identify the
business as an authorized business partner.
(c) The Authorized Business Partner Permit form, REG 4027 (Rev.
6/2002) shall be displayed within view of the business partner's custom-
ers.
NOTE: Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Sec-
tions 1652, 1653 and 1685, Vehicle Code; and 15376, Government Code.
History
1 . New section filed 7-5-2002 as an emergency; operative 7-5-2002 (Register
2002, No. 28). A Certificate of Compliance must be transmitted to OAL by
1 1-4-2002 or emergency language will be repealed by operation of law on the
following day.
2. New section with amendment of subsection (c) refiled 1 1-4-2002 as an emer-
gency; operative 1 1-4-2002 (Register 2002, No. 45). A Certificate of Com-
pliance must be transmitted to OAL by 3^4—2003 or emergency language will
be repealed by operation of law on the following day.
3. New section refiled 3-3-2003 as an emergency; operative 3-3-2003 (Register
2003, No. 10). A Certificate of Compliance must be transmitted to OAL by
7-1-2003 or emergency language will be repealed by operation of law on the
following day.
4. Certificate of Compliance as to 3-3-2003 order transmitted to OAL 6-27-2003
and filed 8-11-2003 (Register 2003, No. 33).
§ 225.1 8. Cause for Refusal to Enter into a Contract and
Issue a Permit.
(a) The failure of an applicant to establish its honesty, integrity, good
character and reputation to the satisfaction of the department is good
cause for the department to refuse to enter into a BPA contract with such
applicant.
(b) The failure of an applicant to establish the honesty, integrity, good
character and reputation of any of its owners or employees to the satisfac-
tion of the department is good cause for the department to refuse to enter
into a BPA contract with such applicant.
(c) The information provided on a Statement of Personal History form,
REG 4019 (Rev. 1 1/2002), the message(s) from DOJ in response to a fin-
gerprint check and/or other information obtained by the department may
be the basis for approval or disapproval of a business partner, business
partner owner(s) or employee(s) in meeting the standards stated in Sec-
tion 1685(b)(2)(B) of the Vehicle Code to participate in the BPA.
•
Page 14.6
Register 2007, No. 28; 7-13-2007
Title 13
Department of Motor Vehicles
§ 225.30
•
(d) There is good cause for the department to refuse to enter into a BPA
contract with a business partner applicant if the applicant, one of its own-
ers or employees:
(1 ) Has been convicted of a felony or a crime, or committed an act or
engaged in conduct involving moral turpitude that is substantially related
to the function of a BPA business partner.
(2) Is or has been the holder of an occupational license issued by the
department that has been suspended or revoked.
(3) Is or has been a managerial employee of an occupational licensee
licensed by the department that has been suspended or revoked.
(4) Is or has been a commercial requestor or one of its owners that has
been suspended or revoked.
(5) Has failed to comply with their BPA contract or failed to complete
any of the audit requirements of Section 225.63 of these regulations.
(6) Has used a false name, made any false statement, or concealed any
material fact in any BPA application or statement of personal history.
(7) Has displayed, caused or permitted a sign, mark or advertisement,
or used a "Doing Business As" (DBA) in violation of Section 25 of the
Vehicle Code.
(8) Has permitted or engaged in fraudulent practices or acts, with refer-
ence to clients, members of the public or the department.
(9) Has committed or was responsible for any other act, occurrence,
or event in California or any foreign jurisdiction that provides cause for
refusal to issue a permit.
(10) Has failed to comply with Section 1685, of the Vehicle Code; Di-
vision 5, (commencing with Section 1 1 1 00) of the Vehicle Code, has vio-
lated Article 3, commencing with Section 1 800, Chapter 1 , Division 2 of
the Vehicle Code or any regulation adopted under these statutes.
(11) Was a departmental employee dismissed by the department for
cause related to honesty, integrity, good character and reputation of the
person dismissed by the department within the last ten (10) years.
NOTE: Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Sec-
tions 1653 and 1685, Vehicle Code.
History
1. New section filed 7-5-2002 as an emergency; operative 7-5-2002 (Register
2002, No. 28). A Certificate of Compliance must be transmitted to OAL by
1 1 ^4—2002 or emergency language will be repealed by operation of law on the
following day.
2. New section with amendment of subsections (c) and (d)(10) refiled 1 1-4-2002
as an emergency; operative 1 1-4-2002 (Register 2002, No. 45). A Certificate
of Compliance must be transmitted to OAL by 3-4-2003 or emergency lan-
guage will be repealed by operation of law on the following day.
3. New section refiled 3-3-2003 as an emergency, including amendment of sub-
sections (c) and (d)(l 1); operative 3-3-2003 (Register 2003, No. 10). A Certifi-
cate of Compliance must be transmitted to OAL by 7-1-2003 or emergency lan-
guage will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-3-2003 order transmitted to OAL 6-27-2003
and filed 8-1 1-2003 (Register 2003, No. 33).
5. Amendment of subsections (c) and (d)(10) filed 2-22-2006; operative
3-24-2006 (Register 2006, No. 8).
6. Amendment of subsection (c)(l 1) filed 7-9-2007; operative 8-8-2007 (Regis-
ter 2007, No. 28).
§ 225.21 . Review of Criminal History Information.
(a) In reaching a decision on approval or disapproval of a business
partner owner or employee to participate in the BPA, the BPA Program
Administrator or a designee may review and consider the criminal histo-
ry information provided by the California Attorney General pursuant to
Section 1 1 105(b)(9) of the Penal Code. This information may be used as
part of the department' s process in reaching a decision as it relates to Sec-
tions 225.00 et seq. of these regulations. The BPA Administrator or de-
signee will consider the "Occupational Licensing and Disciplinary
Guidelines" (Rev. 3/98) incorporated by reference in Section 440.04, Ar-
ticle 6. 1 . Chapter 1, Division 1, Title 13, of the California Code of Regu-
lations in reaching a decision.
(1) Deviation from the Guidelines is appropriate when the Director or
designee, in his or her sole discretion, determines that the facts warrant
such a deviation, for example, the presence of mitigating factors, how
long ago the conduct, action, or offense occurred, evidentiary problems
and customer complaints.
NOTE: Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Sec-
tion 1685, Vehicle Code.
History
1. New section filed 7-5-2002 as an emergency; operative 7-5-2002 (Register
2002, No. 28). A Certificate of Compliance must be transmitted to OAL by
1 1-4-2002 or emergency language will be repealed by operation of law on the
following day.
2. New section with amendment of subsection (a) refiled 1 1^1-2002 as an emer-
gency; operative 1 1 —4—2002 (Register 2002, No. 45). A Certificate of Com-
pliance must be transmitted to OAL by 3-4-2003 or emergency language will
be repealed by operation of law on the following day.
3. New section refiled 3-3-2003 as an emergency; operative 3-3-2003 (Register
2003, No. 10). A Certificate of Compliance must be transmitted to OAL by
7-1-2003 or emergency language will be repealed by operation of law on the
following day.
4. Certificate of Compliance as to 3-3-2003 order transmitted to OAL 6-27-2003
and filed 8-1 1-2003 (Register 2003, No. 33).
5. Amendment of subsection (a) filed 2-22-2006; operative 3-24-2006 (Register
2006, No. 8).
§ 225.24. Failure to Meet Security Requirements.
The failure of an applicant or a business partner to comply with the in-
formation security requirements identified in Section 225.51 shall be
good cause for the department to cancel, terminate or refuse to enter into
a BPA contract with such business partner applicant.
NOTE: Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Sec-
tion 1685, Vehicle Code.
History
1. New section filed 7-5-2002 as an emergency; operative 7-5-2002 (Register
2002, No. 28). A Certificate of Compliance must be transmitted to OAL by
1 1-4-2002 or emergency language will be repealed by operation of law on the
following day.
2. New section refiled 1 1^1-2002 as an emergency; operative 1 1^4-2002 (Regis-
ter 2002, No. 45). A Certificate of Compliance must be transmitted to OAL by
3-4-2003 or emergency language will be repealed by operation of law on the
following day.
3. New section refiled 3-3-2003 as an emergency; operative 3-3-2003 (Register
2003, No. 10). A Certificate of Compliance must be transmitted to OAL by
7-1-2003 or emergency language will be repealed by operation of law on the
following day.
4. Certificate of Compliance as to 3-3-2003 order transmitted to OAL 6-27-2003
and filed 8-1 1-2003 (Register 2003, No. 33).
§ 225.27. Transaction Access.
(a) The processing of vehicle registration and titling transactions and
issuing of vehicle registration indicia and documents by a business part-
ner requires access to the department's data communication system and
the vehicle registration and BPA inventory databases through a network
approved by the department.
(b) A business partner's interface access shall be compatible with the
department's interface. Equipment and software to access and interface
with the department's databases shall be the responsibility of the busi-
ness partner.
NOTE: Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Sec-
tions 1653 and 1685, Vehicle Code.
History
1. New section filed 7-5-2002 as an emergency; operative 7-5-2002 (Register
2002, No. 28). A Certificate of Compliance must be transmitted to OAL by
1 1-4-2002 or emergency language will be repealed by operation of law on the
following day.
2. New section refiled 1 1^1-2002 as an emergency; operative 1 1-4-2002 (Regis-
ter 2002, No. 45). A Certificate of Compliance must be transmitted to OAL by
3-4-2003 or emergency language will be repealed by operation of law on the
following day.
3. New section refiled 3-3-2003 as an emergency; operative 3-3-2003 (Register
2003, No. 10). A Certificate of Compliance must be transmitted to OAL by
7-1-2003 or emergency language will be repealed by operation of law on the
following day.
4. Certificate of Compliance as to 3-3-2003 order transmitted to OAL 6-27-2003
and filed 8-1 1-2003 (Register 2003, No. 33).
§ 225.30. Electronic Fund Transfer.
(a) A business partner shall execute and comply with all terms and
conditions of the Electronic Fund Transfer Authorization Agreement for
Pre-Authorized Payments (09/04/02) (EFT contract) that provides for
payment to the department of the fees collected by the business partner
and due to the department.
Page 14.7
Register 2007, No. 28; 7-13-2007
§ 225.33
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(1) The first-line business partner shall authorize the department to
initiate debit entries into the account identified in the EFT contract for
payment of all fees collected for and due to the department.
(2) The firsi— line service provider shall authorize the department to
initiate debit entries into the account identified in the EFT contract for
payment of all fees collected by its second-line business partners for pay-
ment of all fees collected for and due to the department.
(3) When the department is notified by the financial institution of in-
sufficient funds or closed account status, the department shall suspend
interface access until payment of all fees and charges. Applicable bank
service charges, in addition to a thirty dollar ($30) (returned item) charge,
shall be paid to the department.
(4) When the business partner is notified by the department of its insuf-
ficient funds or closed account status, the business partner shall make a
same-day reimbursement by wire transfer. The reimbursement shall in-
clude the exact amount of the electronic billing, the thirty dollar ($30) (re-
turned item) charge, wire transfer processing fee charged to the depart-
ment by the depository, and any applicable bank service charges.
NOTE: Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Sec-
tion 1685, Vehicle Code.
History
1. New section filed 7-5-2002 as an emergency; operative 7-5-2002 (Register
2002, No. 28). A Certificate of Compliance must be transmitted to OAL by
1 1^4-2002 or emergency language will be repealed by operation of law on the
following day.
2. New section with amendments refiled 1 l^f-2002 as an emergency; operative
1 1-4-2002 (Register 2002, No. 45). A Certificate of Compliance must be trans-
mitted to OAL by 3-4-2003 or emergency language will be repealed by opera-
tion of law on the following day.
3. New section refiled 3-3-2003 as an emergency; operative 3-3-2003 (Register
2003, No. 10). A Certificate of Compliance must be transmitted to OAL by
7-1-2003 or emergency language will be repealed by operation of law on the
following day.
4. Certificate of Compliance as to 3-3-2003 order transmitted to OAL 6-27-2003
and filed 8-11-2003 (Register 2003, No. 33).
§ 225.33. Use and Retention of Information.
(a) A business partner shall not use any information received from a
customer or the department for any purpose other than the purposes au-
thorized by this article.
(b) AH information shall be treated as confidential or restricted in-
formation and shall retain the protections provided by Vehicle Code sec-
tions 1808.21, 1808.45, 1808.46 and 1808.47.
NOTE: Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Sec-
tion 1798.26, Civil Code; and Sections 1685, 1808.21, 1808.45, 1808.46, 1808.47,
1810, 1810.7 and 1811, Vehicle Code.
History
1. New section filed 7-5-2002 as an emergency; operative 7-5-2002 (Register
2002, No. 28). A Certificate of Compliance must be transmitted to OAL by
1 1-4-2002 or emergency language will be repealed by operation of law on the
following day.
2. New section refiled 1 1-4-2002 as an emergency; operative 1 1-4-2002 (Regis-
ter 2002, No. 45). A Certificate of Compliance must be transmitted to OAL by
3-4-2003 or emergency language will be repealed by operation of law on the
following day.
3. New section refiled 3-3-2003 as an emergency; operative 3-3-2003 (Register
2003, No. 10). A Certificate of Compliance must be transmitted to OAL by
7-1-2003 or emergency language will be repealed by operation of law on the
following day.
4. Certificate of Compliance as to 3-3-2003 order transmitted to OAL 6-27-2003
and filed 8-11-2003 (Register 2003, No. 33).
§ 225.35. Renewal.
(a) A business partner renewal applicant shall complete and submit the
following to the BPA Program Administrator prior to the expiration of
the contract and permit term:
(1) A completed and signed Business Partner Automation Program
Renewal Application form, REG 5056 (NEW 2/2005), which is hereby
incorporated by reference.
(2) A completed and signed Information Security and Disclosure
Statement (Firm) form, EXEC 201 X (REV. 3/2003).
(3) A copy of the business partner's valid occupational license form,
OL 39 (REV 7/2004), if applicable.
(4) A non-refundable renewal application fee of one hundred and
ninety-eight dollars ($198). Checks shall be made payable to the Depart-
ment of Motor Vehicles.
(b) A renewal application shall be received within thirty (30) days of
the expiration date on the BPA Permit form, REG 4027 (REV. 6/2002).
Applications received after that date shall be required to comply with the
original application requirements as specified in section 225.03 in these
regulations. The Business partner shall not process any transactions after
the expiration of the contract and permit without the completion and ap-
proval of the BPA renewal or original application.
NOTE: Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Sec-
tion 1685, Vehicle Code.
History
1 . New section filed 2-22-2006; operative 3-24-2006 (Register 2006, No. 8).
§ 225.36. Change of First-Line Service Provider.
(a) If a second-line business partner requests to change the first-line
service provider identified in the BPA contract, the second-line business
partner shall complete and submit to the BPA Program Administrator a
request for a change in the BPA contract on the Business Partner Au-
tomation Program Service Provider Change form, REG 4022 (Rev.
1 1/2002), which is hereby incorporated by reference. The request shall
be completed, signed and submitted to the BPA Program Administrator
no less than twenty (20) days prior to any change of service provider.
(b) The department will process the requested change if the proposed
first-line service provider is currently authorized by the department to
act as a first-line service provider and the requirements of Section
225.36(a) of these regulations are met.
NOTE: Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Sec-
tions 1652, 1653 and 1685, Vehicle Code.
History
1. New section filed 7-5-2002 as an emergency; operative 7-5-2002 (Register
2002, No. 28). A Certificate of Compliance must be transmitted to OAL by
1 1-4-2002 or emergency language will be repealed by operation of law on the
following day.
2. New section with amendment of subsection (a) refiled 11-4-2002 as an emer-
gency; operative 11^4-2002 (Register 2002, No. 45). A Certificate of Com-
pliance must be transmitted to OAL by 3-4-2003 or emergency language will
be repealed by operation of law on the following day.
3. New section refiled 3-3-2003 as an emergency, including amendment of sub-
section (a); operative 3-3-2003 (Register 2003, No. 10). A Certificate of Com-
pliance must be transmitted to OAL by 7-1-2003 or emergency language will
be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-3-2003 order transmitted to OAL 6-27-2003
and filed 8-1 1-2003 (Register 2003, No. 33).
§ 225.39. Business Partner Responsibilities.
(a) First-line service providers shall be responsible for:
(1) Providing oversight for their second-line business partners to en-
sure they are in compliance with the terms and conditions of their BPA
contracts.
(2) Ensuring that their prospective second-line business partners sub-
mit all application requirements pursuant to Section 225.03 of these regu-
lations.
(3) Ordering and distributing inventory for their second-line business
partners.
(4) Establishing an automated inventory tracking and assignment sys-
tem to track accountable inventory shipped to the first-line service pro-
vider or their second-line business partner. The automated inventory
tracking and assignment system shall be capable of recording the date re-
ceived, status, and location of all accountable inventory.
(5) Tracking and monitoring the issuance of accountable and con-
trolled inventory assigned to their second-line business partners.
(6) Ensuring that none of their second-line business partners have
more than a three (3) month supply of inventory in their possession at any
time.
Page 14.8
Register 2007, No. 28; 7-13-2007
Title 13
Department of Motor Vehicles
§ 225.42
(7) Submitting comprehensive quarterly physical inventory reports
for their second-line business partners on a "Physical Inventory Non-
DMV Entities" form, ADM 1 75 A (Rev. 2/2000).
(8) Establishing security awareness and education programs and mea-
sures to ensure that all of their second-line business partners are aware
of the first-line service provider's procedures for protecting the confi-
dentiality of records.
(9) Ensuring that all of their second-line business partners have imple-
mented the physical security required in this article and by the BPA con-
tract to prevent and discourage inadvertent or deliberate alteration, dis-
closure, destruction, loss, misuse, or theft of DMV records, proprietary
assets, and accountable and controlled items in their possession.
(10) Controlling access to the department's vehicle registration and
titling and inventory databases by use of an authentication credentialing
system that shall identify, authenticate and authorize access for each indi-
vidual user.
(11) Providing registration and titling training for their second-line
business partners authorized to participate in the BPA program.
(12) Auditing and reconciling transactions processed by their second-
line business partners.
(13) Submitting all transactions to the department within twenty (20)
days of the date the transaction was processed.
(14) Ensuring that all of their second-line business partners comply
with the advertising requirements identified in any agreement with the
department.
(15) Submitting all fees collected for and due to the department.
(1 6) Ensuring that their second-line business partners only process the
types of vehicle transactions authorized for each second-line business
partner.
(b) Whenever the State examines, audits or investigates any second-
line business partner, the second-line business partner shall pay, within
thirty (30) days after receipt of a statement from the State, the reasonable
costs incurred by the State for the performance of the examination, audit
or investigation, including, but not limited to:
(1) The reasonable amount of the salary and/or other compensation
paid to the persons making the examination, audit or investigation.
(2) The reasonable expenses for travel, meals and lodging of the per-
sons making the examination, audit or investigation.
(3) The reasonable amount of any other expenses, including overhead.
(c) When the second-line business partner fails to pay the department
for the examination, audit or investigation within the thirty (30) days as
required in Section 225.39(b) of these regulations, the first-line service
provider that provides the interface access to the department for the se-
cond-line business partner shall be billed by the department and have
thirty (30) days from the billing date to pay for the examination, audit or
investigation.
NOTE: Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Sec-
tions 1652, 1653, and 1685, Vehicle Code.
History
1. New section filed 7-5-2002 as an emergency; operative 7-5-2002 (Register
2002, No. 28). A Certificate of Compliance must be transmitted to OAL by
1 1-4-2002 or emergency language will be repealed by operation of law on the
following day.
2. New section with amendment of section heading and section refiled 1 1^1-2002
as an emergency; operative 1 1-4-2002 (Register 2002, No. 45). A Certificate
of Compliance must be transmitted to OAL by 3-4-2003 or emergency lan-
guage will be repealed by operation of law on the following day.
3. New section refiled 3-3-2003 as an emergency; operative 3-3-2003 (Register
2003, No. 10). A Certificate of Compliance must be transmitted to OAL by
7-1-2003 or emergency language will be repealed by operation of law on the
following day.
4. Certificate of Compliance as to 3-3-2003 order transmitted to OAL 6-27-2003
and filed 8-11-2003 (Register 2003, No. 33).
5. Amendment of subsection (a)(7), new subsection (a)(16) and amendment of
subsection (c) filed 7-9-2007; operative 8-8-2007 (Register 2007, No. 28).
§ 225.42. Business Partner Changes.
(a) A business partner shall notify the BPA Program Administrator
within the timeframes identified for the changes listed in Sections
225.42(a)(1) through (7) of these regulations on a Business Partner Au-
tomation Program Application for Changes form, REG 4026 (Rev.
J 1/2002), which is hereby incorporated by reference. The completed and
signed Business Partner Automation Program Application for Changes
form shall be sent by US Mail or private courier to the Department of Mo-
tor Vehicles, BPA Program Administrator, 2415 1st Avenue, MS E383,
Sacramento, CA 95818. The following changes shall be entered on the
Business Partner Automation Program Application for Changes form:
(1) Closing a site, identified by the site identification number. The
business partner shall notify the BPA Program Administrator no more
than five (5) days after the closure of the site.
(2) Changing the business, corporate, or Limited Liability Company
name. The business partner shall notify the BPA Program Administrator
no more than twenty (20) days after the effective date of the name change.
(3) Adding a site. A nonrefundable processing fee of one hundred and
seventy-five dollars ($175) shall be submitted to the BPA Program Ad-
ministrator with the Business Partner Automation Program Application
for Changes form when a business partner adds a site after entering into
a BPA contract.
(4) Changing the address of a principal place of business or site. The
business partner shall notify the BPA Program Administrator no less than
twenty (20) days prior to the address change.
(5) Adding an employee. A business partner shall not permit an em-
ployee to access DMV inventory or data unless the business partner has
complied with the requirements of Section 225.03(d) of these regulations
and has received approval from the department under Section 225.18(c)
for the employee to have access to DMV inventory and data.
(6) Deleting an employee. The business partner shall notify the BPA
Program Administrator no more than five (5) days after deleting an em-
ployee from the BPA program. The business partner shall identify the
reason for deleting an employee.
(A) A business partner who terminates an employee for cause related
to honesty, integrity, good character and reputation, pursuant to Vehicle
Code section 1 865, shall notify the BPA Program Administrator no more
than one (1) day after the termination date.
(B) A business partner who terminates an employee for cause unre-
lated to honesty, integrity, good character and reputation, pursuant to Ve-
hicle Code section 1865, shall notify the BPA Program Administrator
within five (5) day after the termination date.
(7) Changing controlling director(s) and/or officer(s); changing mem-
bers) of a Limited Liability Company; changing management and/or su-
pervising BPA personnel; or changing partner(s) or stockholder(s). The
business partner shall notify the BPA Program Administrator no more
than twenty (20) days after the effective date of the change.
(b) A business partner shall notify the BPA Program Administrator in
a signed and written notification on business partner letterhead and sent
by facsimile, US mail, or private courier at least twenty (20) days prior
to the effective date of the following changes:
(1) Change of "Doing Business As" (DBA) name.
(2) Change of mailing address.
(c) A business partner shall notify the BPA Program Administrator in
a signed and written notification on business partner letterhead and sent
by facsimile, US mail, or private courier no more than five (5) days after
the effective date of the following changes:
(1) Change of operations contact person.
(2) Change of registered agent for service of process.
(d) A business partner shall notify the BPA Program Administrator in
a signed and written notification on business partner letterhead and sent
by facsimile, US mail, or private courier at least sixty (60) days prior to
the effective date of a change of the account number identified pursuant
to Section 225.30 of these regulations.
(1 ) A change of the account number shall require a new EFT contract
pursuant to Section 225.30 of these regulations.
(e) The business partner shall notify the BPA Program Administrator
in a signed and written notification on business partner letterhead and
sent by facsimile, US mail, or private courier within seven (7) days of a
change of telephone number.
Page 14.9
Register 2007, No. 28; 7-13-2007
§ 225.45
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
NOTE: Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Sec-
tions 1652, 1653 and 1685, Vehicle Code.
History
1. New section filed 7-5-2002 as an emergency; operative 7-5-2002 (Register
2002, No. 28). A Certificate of Compliance must be transmitted to OAL by
1 1-4-2002 or emergency language will be repealed by operation of law on the
following day.
2. New section with amendments refiled 1 1-4-2002 as an emergency; operative
1 1 -4-2002 (Register 2002, No. 45). A Certificate of Compliance must be trans-
mitted to OAL by 3^-2003 or emergency language will be repealed by opera-
tion of law on the following day.
3. New section refiled 3-3-2003 as an emergency, including amendment of sub-
sections (a) and (a)(6)(A) and new subsection (a)(6)(B); operative 3-3-2003
(Register 2003, No. 10). A Certificate of Compliance must be transmitted to
OAL by 7-1-2003 or emergency language will be repealed by operation of law
on the following day.
4. Editorial correction of subsection (a)(6) (Register 2003, No. 33).
5. Certificate of Compliance as to 3-3-2003 order transmitted to OAL 6-27-2003
and filed 8-1 1-2003 (Register 2003, No. 33).
6. Amendment of subsection (a) filed 2-22-2006; operative 3-24-2006 (Register
2006, No. 8).
§ 225.45. Customer Fees.
(a) A business partner shall complete a Business Partner Automation
Disclaimer form, REG 4020 (Rev. 1/2004) for each DMV transaction
when a customer fee is charged.
EXCEPTIONS: (1) A business partner completing a conditional sales contract or
lease agreement pursuant to Civil Code section 2982, 2982.5 or 2985.8 may dis-
close the amount of any optional Business Partnership Automation program fee
to process transactions identified in Section 225.45(b)(1) through (3) of these reg-
ulations using the sales contract or lease agreement in place of the Business Partner
Automation Disclaimer form. (2) A business partner acting as a salvage pool, as
specified in Vehicle Code Section 543, shall be exempt from completing the form.
(3) A business partner acting as a licensed registration service, as specified in Ve-
hicle Code Section 505.2, may disclose the amount of any optional Business Part-
nership Automation program fee to process transactions identified in Section
225.45(b)(1) through (3) of these regulations using the methods required under
Section 330.30, of Title 1 3 in the California Code of Regulations in place of the
Business Partner Automation Disclaimer form.
(1) The business partner shall obtain the customer's signature on the
form after the business partner enters on the form the fee amount that the
business partner is charging to process the transaction.
(2) The business partner shall provide the completed original of the
Business Partner Automation Disclaimer form to the customer, shall
keep a completed copy, and shall send a copy to the department with the
transaction documents. Voided copies of the form shall be retained with
the completed copies kept by the business partner pursuant to Section
225.60 of these regulations.
(3) The Business Partner Automation Disclaimer form is hereby incor-
porated by reference.
(b) A customer may be charged the following maximum amounts for
each type of transaction processed through to completion by a business
partner.
(1) Licensed vehicle dealers and licensed dismantlers may charge up
to $25 for any transaction authorized under the Business Partnership Au-
tomation Program, in addition to any other fees authorized by statute.
(2) Licensed registration services may charge up to $25 for a registra-
tion renewal, a substitute vehicle license plate and sticker, a substitute ve-
hicle license plate sticker or new vehicle report of sale transaction, up to
$75 for a junk vehicle transaction, and up to $75 for any other authorized
transaction.
(3) Salvage pools may charge up to $75 for salvage and non-repairable
vehicle certificates.
(c) Business partners are not authorized to charge a fee for Vehicle Li-
cense Fee refund transactions.
NOTE: Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Sec-
tion 1685, Vehicle Code.
History
1. New section filed 7-5-2002 as an emergency; operative 7-5-2002 (Register
2002, No. 28). A Certificate of Compliance must be transmitted to OAL by
1 1-4-2002 or emergency language will be repealed by operation of law on the
following day.
2. New section with amendments refiled 1 1^—2002 as an emergency; operative
1 1-4-2002 (Register 2002, No. 45). A Certificate of Compliance must be trans-
mitted to OAL by 3-4-2003 or emergency language will be repealed by opera-
tion of law on the following day.
3. New section refiled 3-3-2003 as an emergency, including amendment of sub-
section (a); operative 3-3-2003 (Register 2003, No. 10). A Certificate of Com-
pliance must be transmitted to OAL by 7-1-2003 or emergency language will
be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-3-2003 order, including further amendment
of section, transmitted to OAL 6-27-2003 and filed 8-1 1-2003 (Register 2003,
No. 33).
5. Amendment of subsection (a) filed 7-15-2004; operative 8-14-2004 (Register
2004, No. 29).
6. Amendment of subsections (a) and (b), new subsections (b)(l )-(3) and repealer
and new subsection (c) filed 2-22-2006; operative 3-24-2006 (Register 2006,
No. 8).
7. Amendment of subsection (b)(2) filed 7-9-2007; operative 8-8-2007 (Register
2007, No. 28).
§ 225.48. Transaction Fee.
(a) A first-line business partner and a first-line service provider shall
pay a transaction fee to the department, pursuant to subdivision (d) of Ve-
hicle Code section 1685, in the amount of three dollars ($3) for each
transaction processed through to completion. The transaction fee may be
charged to the customer in addition to the customer fees authorized in
Section 225.45 of these regulations.
EXCEPTION: Payment of a transaction fee for vehicle license fee refund transac-
tions shall not be required.
(b) The transaction fee shall be paid to the department by the due date
designated on the billing notice. The payment of the fee based on the bill-
ing notice shall be sent by traceable mail to the Department of Motor Ve-
hicles, BPA Program Administrator, 241 5 1st Avenue, MS-E383, Sacra-
mento, CA 95818.
(c) Upon notification of insufficient funds or closed account status for
the payment of transaction fees or failure to pay by the due date desig-
nated on the billing notice, the department shall suspend interface access
until payment for all fees and charges is received.
NOTE: Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Sec-
tion 1685, Vehicle Code.
History
1. New section filed 12-23-2003; operative 1-1-2004 pursuant to Government
Code section 11343.4 (Register 2003, No. 52).
2. Amendment of subsections (a) and (b) filed 2-22-2006; operative 3-24-2006
(Register 2006, No. 8).
§ 225.51.. Information Security Requirements.
(a) A business partner, its owners and employees shall comply with the
department's IT Security Guidelines for Use in BPA Program (January
2004), which is hereby incorporated by reference, when processing
transactions through the American Association of Motor Vehicle Ad-
ministrators A AM VAnet conduit. A business partner, its owners and em-
ployees shall comply with the department's California DMV Security
Requirements for the Internet — Business Partners (Revised November
2004), which is hereby incorporated by reference, when processing
transactions through the Internet.
(b) A business partner, its owners and employees shall comply with the
Information Practices Act of 1977 (Section 1798 et seq. of the Civil
Code), the Public Records Act (Section 6250 of the Government Code),
Sections 1808.21 and 1808.47 of the Vehicle Code, Sections 1 1015.5 and
11019.9 of the Government Code, and any and all related statutes per-
taining to information security.
NOTE: Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Sec-
tion 1798.19, Civil Code, Sections 6250, 11015.5, 11019.9, Government Code;
and Sections 1685, 1808.21 and 1808.47, Vehicle Code.
History
1. New section filed 7-5-2002 as an emergency; operative 7-5-2002 (Register
2002, No. 28). A Certificate of Compliance must be transmitted to OAL by
1 1-4-2002 or emergency language will be repealed by operation of law on the
following day.
2. New section with amendment of subsection (a) refiled 1 1^-2002 as an emer-
gency; operative 11^1-2002 (Register 2002, No. 45). A Certificate of Com-
pliance must be transmitted to OAL by 3^-2003 or emergency language will
be repealed by operation of law on the following day.
3. New section refiled 3-3-2003 as an emergency, including amendment of sub-
section (a); operative 3-3-2003 (Register 2003, No. 10). A Certificate of Com-
pliance must be transmitted to OAL by 7-1-2003 or emergency language will
be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-3-2003 order transmitted to OAL 6-27-2003
and filed 8-1 1-2003 (Register 2003, No. 33).
Page 14.10
Register 2007, No. 28; 7-13-2007
Title 13
Department of Motor Vehicles
§ 225.63
5. Amendment of subsection (a) filed 7-1 5-2004: operative 8-14-2004 (Register
2004, No. 29).
6. Amendment of subsection (a) filed 2-22-2006; operative 3-24-2006 (Register
2006, No. 8).
§ 225.54. Transaction Procedures and Inventory
Requirements.
A business partner shall process transactions and control inventory ac-
cording to the "BPA Transaction Procedures and Inventory Require-
ments Handbook (Revised April 2007), which is hereby incorporated by
reference.
NOTE: Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Sec-
tion 1685, Vehicle Code.
History
1. New section filed 7-5-2002 as an emergency; operative 7-5-2002 (Register
2002, No. 28). A Certificate of Compliance must be transmitted to OAL by
1 1 ^ — 2002 or emergency language will be repealed by operation of law on the
following day.
2. New section with repealer and new section refiled 1 1^—2002 as an emergency;
operative 11^-2002 (Register 2002, No. 45). A Certificate of Compliance
must be transmitted to OAL by 3-^1-2003 or emergency language will be re-
pealed by operation of law on the following day.
3. New section refiled 3-3-2003 as an emergency, including amendments; opera-
tive 3-3-2003 (Register 2003, No. 10). A Certificate of Compliance must be
transmitted to OAL by 7-1-2003 or emergency language will be repealed by
operation of law on the following day.
4. Certificate of Compliance as to 3-3-2003 order, including further amendment
of section, transmitted to OAL 6-27-2003 and filed 8-1 1-2003 (Register 2003,
No. 33).
5. Amendment filed 7-15-2004; operative 8-14-2004 (Register 2004, No. 29).
6. Amendment filed 2-22-2006; operative 3-24-2006 (Register 2006, No. 8).
7. Amendment filed 7-9-2007; operative 8-8-2007 (Register 2007, No. 28).
§ 225.57. Inventory.
[Reserved for future use.]
NOTE: Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Sec-
tion 1685, Vehicle Code.
History
1. New section filed 7-5-2002 as an emergency; operative 7-5-2002 (Register
2002, No. 28). A Certificate of Compliance must be transmitted to OAL by
1 1-4-2002 or emergency language will be repealed by operation of law on the
following day.
2. New section with amendment of section heading and repealer and reservation
of section number refiled 1 1-4-2002 as an emergency; operative 1 1-4-2002
(Register 2002, No. 45). A Certificate of Compliance must be transmitted to
OAL by 3-4-2003 or emergency language will be repealed by operation of law
on the following day.
3. Repealer and reservation of section number refiled 3-3-2003 as an emergency;
operative 3-3-2003 (Register 2003, No. 10). A Certificate of Compliance must
be transmitted to OAL by 7-1 -2003 or emergency language will be repealed by
operation of law on the following day.
4. Certificate of Compliance as to 3-3-2003 order transmitted to OAL 6-27-2003
and filed 8-11-2003 (Register 2003, No. 33).
§ 225.60. Retention of Business Records.
(a) Each business partner shall maintain all business records related to
the BPA program. These records shall be retained for the term of the BPA
contract in which they pertain, for three (3) years following the termina-
tion, cancellation or expiration of the BPA contract and during any ongo-
ing examination, audit and investigation pursuant to Sections 225.63 and
225.66 of these regulations.
(b) Upon the department's request, all business records shall be im-
mediately made available during normal business hours to the depart-
ment's representative.
(1) A business partner's out-of-state site locations may be issued a
permit only if the business partner agrees in writing, and subject to the
sole discretion of the BPA Program Administrator, to (1) make the busi-
ness records available in California for an examination, investigation or
to complete an audit or (2) pay the reasonable costs of an examination,
audit or investigation, including but not limited to the expenses for travel ,
meals and lodging'of the department's representative incurred during an
investigation or audit made at the business partner's out-of-state loca-
tion.
(c) A business partner shall retain the business records at the business
partner's principal place of business.
(d) The business records required to be maintained by the business
partner under the terms of the BPA contract are records of the depart-
ment.
NOTE: Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Sec-
tion 1685, Vehicle Code.
HfSTORY
1. New section filed 7-5-2002 as an emergency; operative 7-5-2002 (Register
2002, No. 28). A Certificate of Compliance must be transmitted to OAL by
1 1-4-2002 or emergency language will be repealed by operation of law on the
following day.
2. New section with amendment of subsection (b)(1) refiled 1 1 ^4—2002 as an
emergency; operative 11-4-2002 (Register 2002, No. 45). A Certificate of
Compliance must be transmitted to OAL by 3-4-2003 or emergency language
will be repealed by operation of law on the following day.
3. New section refiled 3-3-2003 as an emergency; operative 3-3-2003 (Register
2003, No. 10). A Certificate of Compliance must be transmitted to OAL by
7-1-2003 or emergency language will be repealed by operation of law on the
following day.
4. Certificate of Compliance as to 3-3-2003 order, including amendment of sub-
section (b)(1), transmitted to OAL 6-27-2003 and filed 8-1 1-2003 (Register
2003, No. 33).
§ 225.63. Audit Requirements.
(a) A business partner shall hire an independent auditor to perform
three (3) compliance audits during the term of the BPA contract. The au-
dits shall be conducted by an independent auditor in accordance with
generally accepted government auditing standards and the department's
BPA Audit Plan, which consists of the Independent Audit Plan (August
30, 2002) and Independent Audit Program (August 30, 2002). The inde-
pendent auditor shall keep confidential the department's business prac-
tices obtained in the course of an audit.
(1) The department may accept the Business Partner Automation Pro-
gram Audit Self Certification form, REG. 4016 (NEW 12/2002), which
is hereby incorporated by reference, in lieu of a compliance audit from
second-line business partners only.
(A) The second-line business partner shall submit a Business Partner
Automation Program Audit Self Certification form, REG. 4016 (NEW
12/2002) to the BPA Program Administrator. A copy of the form shall
be submitted to the first-line service provider and the Audits Office at the
address indicated in Section 225.63(c).
(B) The Business Partner Automation Program Audit Self Certifica-
tion form shall be submitted when an audit is due as set forth in Section
225.63(a)(2) of these regulations.
(2) An audit is required for each twelve (12) month period of the BPA
contract. Each audit shall be completed within ninety (90) days of the end
of each twelve (12) month audit period. A copy of the audit report, in-
cluding any findings and recommendations, shall be submitted to the de-
partment within sixty (60) days of completion of each audit.
(3) The independent auditor shall be licensed as a certified public ac-
countant in good standing in the state where the site is located.
(4) The independent auditor shall not be part of the ownership or in-
volved in the operation or overview of any part of the business partner's
business(es).
(b) The independent auditor shall sign a Representative Non-Disclo-
sure Statement form, REG4028 (NEW 3/2002) agreeing to protect as
confidential information all department records and information includ-
ing, but not limited to, residence/mailing addresses.
(1) The Representative Non-disclosure Statement form shall be kept
with the business partner's BPA business records and available for audit.
(2) The Representative Non-Disclosure Statement form is hereby in-
corporated by reference.
(c) The independent auditor shall provide the business partner audit re-
port, the independent auditor's findings and any suggested corrective ac-
tion plan or audit response developed by the business partner to the de-
partment at the following address: Department of Motor Vehicles, Audits
Office, P.O. Box 932328, MS H121, Sacramento, CA 94232-3890.
(1) Audits of second-line business partners shall require that a copy
of the audit report, findings and any suggested corrective action plan or
Page 14.11
Register 2007, No. 28; 7-13-2007
§ 225.66
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
audit response be sent to the department and the first-line service provid-
er by the independent auditor. The first-line service provider shall retain
and maintain a copy of the audit report and corrective action plan or audit
response pursuant to Section 225.63.
(d) A business partner shall inform the BPA Program Administrator
when an independent auditor is no longer employed by the business part-
ner to perform an audit. This notice shall be sent within seven (7) days
of release of the independent auditor. The signed and written notice on
business partner letterhead shall be sent by facsimile, US mail, or private
courier when an independent auditor is released from service.
(e) A business partner's principal place of business shall be open dur-
ing normal business hours for an electronic or manual audit of the records
required to be retained immediately upon a request from the State.
(f) The department may conduct a standard random audit to verify
compliance without reimbursement from a business partner.
NOTE: Authority cited: Sections 1651 and 1685. Vehicle Code. Reference: Sec-
tion 1685, Vehicle Code.
History
1. New section filed 7-5-2002 as an emergency; operative 7-5-2002 (Register
2002, No. 28). A Certificate of Compliance must be transmitted to OAL by
1 1-4-2002 or emergency language will be repealed by operation of law on the
following day.
2. New section with amendments refiled 1 1-4-2002 as an emergency; operative
1 1-4-2002 (Register 2002, No. 45). A Certificate of Compliance must be trans-
mitted to OAL by 3-4-2003 or emergency language will be repealed by opera-
tion of law on the following day.
3. New section refiled 3-3-2003 as an emergency, including amendment of sub-
sections (a)(l X A) and (b); operative 3-3-2003 (Register 2003, No. 1 0). A Cer-
tificate of Compliance must be transmitted to OAL by 7-1-2003 or emergency
language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-3-2003 order, including amendment of sub-
section (d) and new subsection (f), transmitted to OAL 6-27-2003 and filed
8-11-2003 (Register 2003, No. 33).
5. Amendment of subsections (a)(l)-(a)(l)(A) and (c) filed 7-9-2007; operative
8-8-2007 (Register 2007, No. 28).
§ 225.66. Investigation and Review.
(a) The department may exercise any and all authority and powers
available to it under any other provisions of law to administer and enforce
this article, including, but not limited to, examining, auditing and investi-
gating the business partner's books and records, and charging and col-
lecting the reasonable costs for these activities. Any civil, criminal, and
administrative authority and remedies available to the department may
be sought and employed in any combination deemed advisable by the de-
partment to enforce the provisions of this article. Nothing in this section
shall be construed to impair or impede the department's authority under
any other provision of law.
(b) The State may examine, audit, or investigate a business partner's
activities under Vehicle Code section 1685, these regulations, and any
agreement between a business partner and the State even if the BPA con-
tract is terminated, cancelled or expires. The examination, audit or inves-
tigation may relate to any matter, including, but not limited to, proce-
dures, operations and finances relating to the business partner activity.
The business partner shall make available to the State all of its records
and reports relating to the conduct of the activity, whether hard copy, or
stored in electronic media. Failure by a business partner to comply with
the provisions of this section shall be cause for immediate termination of
a business partner's authorization to process transactions as a business
partner.
(c) Whenever the department examines, audits or investigates any
business partner, that business partner shall pay, within thirty (30) days
after receipt of a statement from the department, the reasonable costs in-
curred by the department for the performance of the examination, audit
or investigation, including, but not limited to:
(1) The reasonable amount of the salary and/or other compensation
paid to the persons making the examination, audit or investigation.
(2) The reasonable expenses for travel, meals and lodging of the per-
sons making the examination, audit or investigation.
(3) The reasonable amount of any other expenses, including overhead.
NOTE: Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Sec-
tion 1685, Vehicle Code.
History
1. New section filed 7-5-2002 as an emergency; operative 7-5-2002 (Register
2002, No. 28). A Certificate of Compliance must be transmitted to OAL by
1 1-4-2002 or emergency language will be repealed by operation of law on the
following day.
2. New section with amendments refiled 1 1-4-2002 as an emergency; operative
] 1-4-2002 (Register 2002, No. 45). A Certificate of Compliance must be trans-
mitted to OAL by 3^1-2003 or emergency language will be repealed by opera-
tion of law on the following day.
3. New section refiled 3-3-2003 as an emergency; operative 3-3-2003 (Register
2003, No. 10). A Certificate of Compliance must be transmitted to OAL by
7-1-2003 or emergency language will be repealed by operation of law on the
following day.
4. Certificate of Compliance as to 3-3-2003 order transmitted to OAL 6-27-2003
and filed 8-1 1-2003 (Register 2003, No. 33).
§ 225.69. Cancellation or Termination of a BPA Contract
and Permit.
(a) A first-line business partner and first-line service provider shall
cancel a BPA contract and permit by notifying the BPA Program Admin-
istrator in a signed and written notification on business partner letterhead
and sent by facsimile, US mail, or private courier no less than thirty (30)
days prior to the cancellation.
(1) A second-line business partner shall cancel a BPA contract and
permit by notifying its first-line service provider and the BPA Program
Administrator in signed and written notifications on business partner let-
terhead and sent by facsimile, US mail, or private courier no less than
thirty (30) days prior to the cancellation.
(b) The department may terminate a BPA contract and permit at any
time without notice for any cause listed in Section 225.18 of these regula-
tions.
(1) A business partner terminated for cause may not submit a new ap-
plication until one year after the date its BPA contract was terminated by
the department for cause.
(c) The department may terminate a BPA contract and permit without
cause upon thirty (30) days written notification to a business partner.
(d) Upon the department's request, regardless of the reason, or upon
the termination, cancellation or expiration of the BPA contract, a busi-
ness partner shall immediately discontinue the use of electronic interface
access and the issuance of any and all DMV inventory, including, but not
limited to, license plates, stickers and DMV95A paper.
NOTE: Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Sec-
tion 1685, Vehicle Code.
History
1. New section filed 7-5-2002 as an emergency; operative 7-5-2002 (Register
2002, No. 28). A Certificate of Compliance must be transmitted to OAL by
1 1-4—2002 or emergency language will be repealed by operation of law on the
following day.
2. New section with amendments refiled 1 1-4—2002 as an emergency; operative
1 1-4-2002 (Register 2002, No. 45). A Certificate of Compliance must be trans-
mitted to OAL by 3^-2003 or emergency language will be repealed by opera-
tion of law on the following day.
3. New section refiled 3-3-2003 as an emergency; operative 3-3-2003 (Register
2003, No. 10). A Certificate of Compliance must be transmitted to OAL by
7-1-2003 or emergency language will be repealed by operation of law on the
following day.
4. Certificate of Compliance as to 3-3-2003 order transmitted to OAL 6-27-2003
and filed 8-1 1-2003 (Register 2003, No. 33).
§ 225.72. Voluntary Closing.
(a) A first-line service provider shall comply with the following pro-
cedures to close a site location within thirty (30) days of cancellation or
expiration of the BPA contract:
(1) The first-line service provider shall collect all unassigned account-
able and controlled inventory from all of its second-line business partner
sites.
(2) The first-line service provider shall complete a Physical Inventory
(Non-DMV Entities) form, ADM 175 A (Rev. 2/2000), by recording all
of the unassigned accountable inventory on the form and signing the
form.
(3) The first-line service provider shall update the status of its ac-
countable inventory on the BPA Inventory Database system.
(4) The first-line service provider shall return the Physical Inventory
(Non-DMV Entities) form and all accountable inventory by trackable
Page 14.12
Register 2007, No. 28; 7-13-2007
Title 13
Department of Motor Vehicles
§ 252.20
•
US mail or private carrier to: Department of Motor Vehicles, Automated
Inventory Management Systems Unit, 2570 24th Street, MS G202, Sac-
ramento, CA 94232-3820.
(5) The first-line service provider shall return all controlled inventory
by trackable US mail or private carrier to: Department of Motor Vehicles,
Inventory Management, 420 1 Sierra Point Drive, Suite 1 1 2, Sacramento,
CA 95834.
(6) The first-line service provider shall return all transactions and sup-
porting documentation by trackable US mail or private carrier to: Depart-
ment of Motor Vehicles, Manager Field Office Support Unit, 2415 1st
Ave. MS E250, Sacramento, CA 95818.
(7) The first-line service provider shall return the permit by trackable
US mail or private carrier to: Department of Motor Vehicles, BPA Pro-
gram Administrator, 2415 1st Avenue, MS E383, Sacramento, CA
95818.
(b) A first-line business partner shall comply with the following pro-
cedures to close a site location within thirty (30) days of cancellation or
expiration of the BPA contract.
( 1 ) The first-line business partner shall collect all unassigned account-
able and controlled inventory from all branch site locations.
(2) The first-line business partner shall complete a Physical Inventory
(Non-DMV Entities) form, ADM175A (Rev. 2/2000) by recording all
unassigned accountable inventory on the form and signing the form.
(3) The first-line business partner shall record the status of its account-
able inventory on the BPA Inventory Database system.
(4) The first-line business partner shall return the Physical Inventory
(Non-DMV Entities) form and all accountable inventory by trackable
US mail or private carrier to: Department of Motor Vehicles, Automated
Inventory Management Systems Unit, 2570 24th Street, MS G202, Sac-
ramento, CA 94232-3820.
(5) The first-line business partner shall return all controlled inventory
by trackable US mail or private carrier to: Department of Motor Vehicles,
Inventory Management, 4201 Sierra Point Drive, Suite 112, Sacramento,
CA 95834.
(6) The first-line business partner shall return all transactions and sup-
porting documentation by trackable US mail or private carrier to: Depart-
ment of Motor Vehicles, Manager Field Office Support Unit, 2415 1st
Ave, MS E250, Sacramento, CA 95818.
(7) The first-line business partner shall return the BPA permit by
trackable US mail or private carrier to: Department of Motor Vehicles,
BPA Program Administrator, 2415 1st Avenue, MS E383, Sacramento,
CA 95818.
(c) A second-line business partner and its first-line service provider
shall comply with the following procedures to close a second-line busi-
ness partner site location within thirty (30) days of cancellation or expira-
tion of the BPA contract.
(1) The second-line business partner shall collect all unassigned ac-
countable and controlled inventory and return it to its first-line service
provider within seven (7) days of the cancellation or expiration of the
BPA contract.
(2) The first-line service provider may redistribute the unassigned ac-
countable inventory to its other second-line business partners.
(3) The second-line business partner shall return all transactions and
supporting documentation to its first-line service provider within seven
(7) days of the cancellation or expiration of the BPA contract. The first-
line service provider shall return all transactions and supporting docu-
mentation by trackable US mail or private carrier to: Department of Mo-
tor Vehicles, Manager Field Office Support Unit, 2415 1st Ave, MS
E250, Sacramento, CA 95818.
(4) The second-line business partner shall return the BPA permit by
trackable US mail or private carrier to: Department of Motor Vehicles,
BPA Program Administrator, 2415 1st Avenue, MS E383, Sacramento,
CA 95818.
Note. Authority cited: Sections 1651 and 1685, Vehicle Code. Reference: Sec-
tion 1685, Vehicle Code.
History
1. New section filed 7-5-2002 as an emergency; operative 7-5-2002 (Register
2002, No. 28). A Certificate of Compliance must be transmitted to OAL by
1 1-4-2002 or emergency language will be repealed by operation of law on the
following day.
2. New section refiled 1 1-4-2002 as an emergency; operative 1 1-4-2002 (Regis-
ter 2002, No. 45). A Certificate of Compliance must be transmitted to OAL by
3-4-2003 or emergency language will be repealed by operation of law on the
following day.
3. New section refiled 3-3-2003 as an emergency, including amendment of sub-
sections (a)(6) and (c)(3); operative 3-3-2003 (Register 2003, No. 10). A Cer-
tificate of Compliance must be transmitted to OAL by 7-1-2003 or emergency
language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 3-3-2003 order transmitted to OAL 6-27-2003
and filed 8-1 1-2003 (Register 2003, No. 33).
5. Amendment of subsections (a)(7), (b)(7) and (c)(4) filed 2-22-2006; operative
3-24-2006 (Register 2006, No. 8).
Article 4. Occupational Licenses
§ 250.00. Occupational License Application Requirements.
Occupational license application:
(a) Shall be submitted to the department at any of its locations.
(b) Shall be on the forms prescribed by the department.
(c) Shall be complete and contain the information required in this ar-
ticle.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 1 1 102,
11102.5, 11104, 11501, 11601, 11602, 11701 and 11704, Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 41 4.00 to section
250.00 and relocation of article heading filed 7-19-93 pursuant to title 1, sec-
tion 100, California Code of Regulations (Register 93, No. 30).
§ 250.02. Time Requirements for Submitting Application.
An applicant for an occupational license or a licensee wishing to
change an existing license shall submit the required forms to the depart-
ment at least three (3) business days prior to the desired effective date of
such application or change.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 1 1100,
1 1500, 1 1600 and 1 1700, Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 414.01 to section
250.02 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 252.10. Business License Definition.
A business license is a license issued to any of the following catego-
ries: Dealer, lessor-retailer, dismantles manufacturer, distributor or
transporter.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 1 1500,
1 1600 and 1 1700, Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 41 4. 1 0 to section
250.10 filed 7-1 9-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 252.20. Business License Application Requirements.
An application for a business license issued by the department shall
contain, but is not limited to, the following:
(a) Name of the business.
(b) Location of the business including street, address, city, and zip
code of the principal place of business and any branch locations. Excep-
tion: The location of business requirement is not necessary when the
applicant only wishes to determine if the department would grant the
applicant a license because of previous business or personal irregulari-
ties.
(c) Type of business license requested, i.e., dealer, manufacturer,
transporter, etc.
(d) If the application is for a dealer's license, then the applicant must
specify the type of vehicles to be sold. Also, if new vehicles are to be sold
the applicant must include the name or names of vehicles he is enfran-
chised to sell and the name or names and address of the manufacturer or
distributor who has enfranchised the applicant.
Page 14.13
Register 2007, No. 28; 7-13-2007
§ 252.30
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(1) All new motor vehicle dealers, except recreational vehicle dealers,
shall submit the form required pursuant to Section 3062 of the Vehicle
Code.
(e) The type of ownership, i.e., individual, partnership, or corporation.
If the applicant is a partnership, then the names and titles of all partners
shall be disclosed. If the applicant is a corporation, then the names and
titles of all controlling stockholders, directors, and officers who by rea-
son of the facts and circumstances could be directing, controlling, or
managing the vehicle marketing affairs of the licensed entity in this state.
( J ) Any person required to be identified in subdivision (e) above shall
submit to the department a personal history statement and a set of proper-
ly completed fingerprint cards on departmental forms. Exception: A cor-
poration which is an applicant for a manufacturer or distributor license
and which has authorized and is permitted to sell stock of the corporation
to the general public may not be required, upon investigation by the de-
partment, to submit fingerprint cards as part of the application.
(2) The following information, but not limited to, shall be on the per-
sonal history statement:
(A) The true name of the applicant.
(B) The applicant's residence address, including zip code.
(C) The applicant's business and home telephone numbers.
(D) The applicant's physical description including gender, color of
hair, color of eyes, height, weight and birthdate.
(E) If the applicant holds a valid driver's license, the number and state
of issuance of such license.
(F) Any name or names the applicant has been known by or used other
than the true name appearing on the application.
(G) The applicant's experience and employment record for the past
three years.
(H) The applicant's personal business history with specific reference
to previous bankruptcies, previous applications submitted to the depart-
ment for an Occupational License and if the applicant was the subject of
a disciplinary action by the department while an Occupational Licensee.
(I) A statement disclosing whether or not the applicant was either a
sole owner, partner, officer, director or stockholder of a firm that had ei-
ther a civil or criminal judgment rendered against it.
(J) A statement disclosing whether the applicant, has ever been con-
victed, fined or placed on probation for any crime or offense either felony
or misdemeanor, excluding traffic offenses.
(f) The property data for the business location including size, property
owner's name and address, and if the property is rented or leased, the
owner's or lessor's name and address.
(g) The name, address and telephone number of the bank where the
applicant's business account, if any, is carried as well as the name under
which the account is carried if not the same name as on the application,
and the name of persons authorized to draw funds or issue checks from
the account.
(h) If the application is for a manufacturer's or manufacturer's branch
license, the names and addresses of all distributors and representatives
acting for the applicant in this state and all dealers franchised by said
applicant in this state and business addresses of such dealers. Thereafter,
all manufacturers or manufacturer's branches shall inform the depart-
ment within 30 days of any change in the list of representatives or dealers.
(i) If the application is for a distributor's or distributor's branch li-
cense, the name of the manufacturer for whom the distributor will act, the
names and business addresses of all representatives acting for the appli-
cant in this state and the names and business addresses of all dealers in
this state franchised by the applicant. Thereafter, all distributors shall in-
form the department within 30 days of any change in the list of represen-
tatives and dealers.
(j) If the application is for a dealer's or lessor-retailer's license, the
bond and certificate of appointment as required in Sections 11710 and
11710.1 of the Vehicle Code. Exception: The bond and certificate of ap-
pointment requirement is not necessary when the applicant only wishes
to determine if the department would grant the applicant a license be-
cause of previous business or personal irregularities.
[The next
(k) Appropriate fees.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 1 1501,
11504, 11601, 11602, 11701, 11704 and 1 1712, Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 41 4.20 to section
252.20 filed 7-1 9-93 pursuant to title 1 . section 1 00, California Code of Regu-
lations (Register 93, No. 30).
§ 252.30. Time Requirements for Any Change in License.
Every person holding a business license shall notify the department
within 1 0 days prior to the effective date of any change in the ownership.
Except a corporation modifying its corporate structure shall submit the
appropriate forms necessary to record the change within 30 days of the
effective date.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 1 1704
and 11721(d), Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 414.30 to section
252.30 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 252.40. Branch Location Application Requirements.
If an occupational licensee wishes to add a branch location, then the
licensee shall submit to the department the following:
(a) The location of the branch location, including street, address, city,
and zip code.
(b) If new vehicles are to be sold, then the name or names of the new
vehicles for which the applicant is enfranchised to sell or exchange at that
location and the name or names and address of the manufacturer or dis-
tributor enfranchising the applicant.
( 1 ) All new motor vehicle dealers, except recreational vehicle dealers,
shall submit the form required pursuant to Section 3062 of the Vehicle
Code.
(c) The appropriate fees as required by the California Vehicle Code.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 3062,
9262, 9550, 11704 and 11712, Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 41 4.40 to section
252.40 filed 7-1 9-93 pursuant to title 1 , section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 253.02. License Renewal Terms.
(a) The department shall issue a renewal license for a two-year term,
pursuant to Vehicle Code Section 1665, to an All Terrain Vehicle Safety
Organization, Dealer, Dismantles Distributor, Driving School Owner,
Lessor-Retailer, Manufacturer, Registration Service, Remanufacturer,
Traffic Violator School Owner, or Transporter. The first two-year term
occupational license shall be issued based on the following criteria:
(1) Licenses issued prior to January 1, 2006, with a date-in-business
in an even year, will be issued a two-year renewal term when the license
expires in 2006.
(2) Licenses issued prior to January 1, 2006, with a date-in-business
in an odd year, will be issued a two-year renewal term when the license
expires in 2007.
(3) Licenses issued on or after January 1 , 2006, will be issued a two-
year renewal term upon the first expiration date of the license.
(b) Any dealer required to provide evidence of successful completion
of an educational program pursuant to Vehicle Code Section
1 1704.5(c)(l ), in conjunction with the first two-year term license renew-
al, shall be exempt from subdivision (a)(1) thru (3).
(c) The fee for a license issued for a two-year term shall be twice the
licensing fee established in statute for the specific type of license.
(d) Any authorizing indicia issued in conjunction with the renewal of
a license shall be issued for the same term as the license. The fee for the
indicia shall be twice the fee established in statute for the specific indicia.
NOTE: Authority cited: Sections 1651, 1665 and 1 1202(a)(2), Vehicle Code. Ref-
erence: Sections 11105, 11105.2, 11105.6, 11204, 11208, 11409, 11410, 11500,
11508, 11601, 11620, 11 700 and 11704.5, Vehicle Code.
History
1. New section filed 12-16-2005; operative 1-1-2006 pursuant to Government
Code section 11343.4 (Register 2005, No. 50).
page is 15.]
Page 14.14
Register 2007, No. 28; 7-13-2007
Title 13
Department of Motor Vehicles
§ 260.04
Article 4.1. Advertising by Occupational
Licensee
§ 255.00. "Advertising" Defined.
(a) In the broad context of Vehicle Code Section 1 1 7 J 3(a), any state-
ment advertised refers to any statement, representation, act or announce-
ment intentionally communicated to any member of the public by any
means whatever, whether orally, in writing or otherwise.
(b) As used elsewhere in the Vehicle Code and in this article, the terms
"advertising," "advertisement," or "advertise" refer to a statement, repre-
sentation, act or announcement intentionally communicated to the public
generally for the purpose of arousing a desire to buy or patronize.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Division 5, Ve-
hicle Code.
History
] . Change without regulatory effect renumbering former section 402.00 to section
255.00 and adopting new article 4.1 heading filed 7-19-93 pursuant to title 1,
section 100, California Code of Regulations (Register 93, No. 30).
§ 255.01 . "Dealer's Cost" Defined.
"Dealer's cost," "factory invoice," or similar terms are defined as the
actual cost to the dealer of any vehicle or part thereof delivered to the
dealer's place of business. "Dealer's cost" or similar terms do not include
expenses incurred by the dealer such as flooring, overhead, commis-
sions, dealer advertising, or other costs.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 1 1713
and 11713.1, Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 402.01 to section
255.01 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 255.02. "Demonstrator" Defined.
A "demonstrator" is a vehicle specifically assigned by a dealer to be
regularly used for the purpose of demonstrating qualities and characteris-
tics common to vehicles of the same or similar model and type. A vehicle
in a dealer's inventory which is only occasionally demonstrated to a pro-
spective purchaser whose interest has focused on a particular vehicle is
not a "demonstrator."
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 665 and
11713, Vehicle Code.
History
1. Change without regulatory effect renumbering and amending former section
402.02 to section 255.02 filed 7-19-93 pursuant to title 1, section 100, Califor-
nia Code of Regulations (Register 93, No. 30).
§ 255.04. Applicability.
Unless otherwise provided, the provisions of Sections 255.00 through
262.09 are intended to govern the advertising of all entities subject to li-
censure by the Department of Motor Vehicles under Chapters 3.5 and 4
of Division 5 of the Vehicle Code.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Division 5, Ve-
hicle Code.
History
1. Change without regulatory effect renumbering and amending former section
402.04 to section 255.04 filed 7-19-93 pursuant to title 1, section 100, Califor-
nia Code of Regulations (Register 93, No. 30).
§ 260.00. Advertisements.
Any advertised statements, representations, or offers made in connec-
tion with the sale or attempted sale of any vehicle(s) shall be clearly set
forth, and based on facts and shall be subject to these regulations and the
Vehicle Code.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11614
and 11713, Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 403.00 to section
260.00 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 260.01 . Vehicle Description.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 665,
11614, 11713, 11713.1 and 1 1713.5, Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 403.01 to section
260.01 filed 7-1 9-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
2. Change without regulatory effect repealing section filed 2-18-2003 pursuant
to section 100, title 1, California Code of Regulations (Register 2003, No. 8).
§ 260.02. Vehicle History.
(a) Express advertisements of a vehicle's prior use or ownership histo-
ry must be accurate.
(b) Former taxicabs, rental vehicles, publicly owned vehicles, insur-
ance salvage vehicles and revived salvage vehicles shall be clearly iden-
tified as such if the previous status is known to the seller.
(c) If a vehicle is advertised and/or sold as a "demonstrator" and such
a vehicle has been previously registered or sold to a retail purchaser, the
selling dealer shall clearly disclose to the buyer the fact of such prior reg-
istration or sale before obtaining the buyer's signature on a purchase or-
der or sales contract.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11614
and 11713, Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 403.02 to section
260.02 filed 7-1 9-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 260.03. Vehicle Condition.
Statements of vehicle condition must accurately reflect the known
condition, and pictures of vehicles must accurately depict their overall
appearance.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11614,
11615 and 11713, Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 403.03 to section
260.03 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 260.04. Vehicle Availability.
(a) No dealer shall advertise a specific vehicle or a class of vehicles for
sale, unless such vehicle(s) is in the dealer's possession, or is available
to the dealer pursuant to a franchise agreement with the manufacturer or
distributor of the vehicle(s). An advertisement of a vehicle not in a deal-
er's possession must so indicate, and must include a reasonable estimate
of the date such vehicle will be available from the franchisor for delivery
to a prospective purchaser.
(b) A specific vehicle advertised by a dealer or lessor-retailer shall be
in condition to demonstrate and shall be willingly shown and sold at the
advertised price and terms while such vehicle remains unsold or un-
leased, unless the advertisement states that the advertised price and terms
are good only for a specific time and such time has elapsed. Advertised
vehicles must be sold at or below the advertised price irrespective of
whether or not the advertised price has been communicated to the pur-
chaser.
(c) No manufacturer or distributor shall advertise vehicles for sale un-
less such vehicles are available to franchised dealers within the meaning
of subsection (a) of Vehicle Code Section 1 1713.2, or, if not so available,
the advertisement must include the date such vehicles will be available
for purchase from retail dealers in the area in which the advertisement is
disseminated.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 1 1614,
11713, 11713.1 and 11713.3, Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 403.04 to section
260.04 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
Page 15
Register 2003, No. 8; 2-21-2003
§ 260.05
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
§ 260.05. Vehicle Equipment.
No specific vehicle shall be advertised as having special equipment or
accessories unless such equipment or accessories are installed and opera-
tive at the time of the advertisement.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 1 1615
and 11713, Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 403.05 to section
260.05 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 260.07. Returned Vehicles.
If a dealer or lessor-retailer advertises that a vehicle may be returned
if the purchaser is not satisfied, the advertisement must clearly state the
terms and conditions of the offer. In addition, the dealer or lessor-retailer
must furnish the buyer with a written copy of the terms and conditions
of return before obtaining the purchaser's signature to a purchase order
or sales contract.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 1 1613,
1 1614. 1 1705 and 1 1713, Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 403.07 to section
260.07 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 262.00. Dealer Price.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11614,
11713 and 11713.1, Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 404.00 to section
262.00 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
2. Repealer of subsections (c) and (d) filed 3-1 9-97; operative 4-1 7-97 (Register
97, No. 12).
3. Change without regulatory effect repealing section filed 2-18-2003 pursuant
to section 100, title 1, California Code of Regulations (Register 2003, No. 8).
§ 262.01 . Manufacturer's or Distributor's Price.
If a manufacturer or distributor advertises the price of a vehicle or class
of vehicles, the price quoted shall be the manufacturer's suggested base
price.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11614
and 11713, Vehicle Code; and 15 U.S.C.S. 1231, et. seq.
History
1 . Change without regulatory effect renumbering and amending former section
404.01 to section 262.01 filed 7-19-93 pursuant to title 1, section 100, Califor-
nia Code of Regulations (Register 93, No. 30).
2. Amendment filed 3-19-97; operative 4-17-97 (Register 97, No. 12).
§ 262.03. Dealer Added Charges.
A dealer may not identify a separate charge or charges for services per-
formed on vehicles prior to delivery to the extent the dealer is or will be
reimbursed for such expenditures by another party. If a dealer does iden-
tify a separate charge or charges for delivery and preparation services
performed over and above those delivery and preparation obligations
specified by the franchiser and for which the dealer is to be reimbursed
by the franchiser, then the services performed and the charges therefore
shall be separately itemized. Such added charges must be included in the
advertised price.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 11713.1,
Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 404.03 to section
262.03 filed7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 262.05. Financing, Down Payment, and Trade-in
Allowance.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 1 1614,
11705 and 1 1713, Vehicle Code; and Section 2981, et. seq., Civil Code.
History
1 . Change without regulatory effect renumbering former section 404.05 to section
262.05 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regu-
lations (Register 93, No. 30).
2. Amendment of section heading and new subsections (d)-(h) filed 3-19-97; op-
erative 4-17-97 (Register 97, No. 12).
3. Change without regulatory effect repealing section filed 2-18-2003 pursuant
to section 100, title 1, California Code of Regulations (Register 2003, No. 8).
§ 262.06. Down Payment.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11614
and 11713, Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 404.06 to section
262.06 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
Page 16
Register 2003, No. 8; 2-21-2003
Title 13
Department of Motor Vehicles
§ 268.06
•
•
•
2. Repealer filed 3-19-97; operative 4-17-97 (Register 97, No. 12).
§ 262.07. Trade-in Allowances.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 11713,
Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 404.07 to section
262.07 filed 7-1 9-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
2. Repealer filed 3-19-97; operative 4-17-97 (Register 97, No. 12).
§ 262.08. Identity of Dealer or Lessor-Retailer.
Advertisements by dealers or lessor-retailers shall identify the dealer
or lessor-retailer either by the name under which the licensee does busi-
ness or by such other name as will serve to readily identify the dealer or
lessor-retailer both to the public and the department.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11614
and 11713, Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 404.08 to section
262.08 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 262.09. Qualifying Statements.
Qualifying statements used in connection with vehicle advertise-
ments, including the qualifying statements required by this article, shall
be large enough and displayed for a sufficient period of time to enable the
average reader or viewer to comprehend such statements.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11614
and 11713, Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 404.09 to section
262.09 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
Article 4.2. Vehicle Dealers
§ 268.04. Dealer Examination Requirements.
(a) All applicants for a vehicle dealer license subject to Vehicle Code
Section 1 1704.5 shall be required to pass a written dealer examination
provided and administered by the department with a minimum score of
70%.
(1) When a firm, corporation, association, limited liability company,
or a partnership submits a dealer license application which is subject to
Vehicle Code Section 1 1 704.5, at least one person who is part of the own-
ership structure and who is required to submit a Personal History State-
ment, and who will have primary responsibility for managing the day to
day dealership business which is reliant on the subject matter knowledge
contained in the dealer examination shall be required to pass the dealer
examination as described by Vehicle Code Section 1 1704.5(a) and this
article.
(2) At least one person who has passed the dealer examination required
by Vehicle Code Section 11704.5(a) and Section 268.04(a)(1) of these
regulations must continuously be part of the ownership structure of all
firms, corporations, associations, limited liability companies, or partner-
ships which are issued vehicle dealer licenses subject to Vehicle Code
Section 11704.5.
(b) The dealer examination shall cover the subjects specified in Ve-
hicle Code Section 11704.5(a), and the following subjects:
(1) Warranties
(A) Lemon Law
(B) Service Agreements
(2) Federal Buyers Guide Requirements
(3) Stolen Vehicle Prevention
(A) Indicia Verification
(4) Vehicle History Disclosure Requirements
(5) Basic Dealer Licensing Requirements
(A) Forms
(B) Fees
(C) Bond Requirements
(D) License and Sign Posting Requirements
(E) License Renewal Requirements
(F) Automatic Cancellations per Section 1 1721, Vehicle Code
(6) DMV Enforcement Actions
(A) Administrative
(B) Criminal
(C) Civil
(c) All applicants shall be required to present a current California driv-
er license (DL) or California identification card (ID) issued by the depart-
ment as personal identification prior to being allowed to take the dealer
examination.
(1) If the personal identifying information on the California DL or ID
presented by the applicant does not match the personal identifying infor-
mation contained on the applicant's dealer educational program comple-
tion certificate, the applicant will not be allowed to take the dealer exami-
nation.
(d) Any applicant who fails the examination administered by the de-
partment will not be eligible to retake the examination for at least one
week.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 236,
386, 470 and 1 1704.5, Vehicle Code.
History
1. New section filed 3-31-98; operative 3-31-98 pursuant to Government Code
section 1 1 343.4(d) (Register 98, No. 14).
2. Amendment of subsection (a)(2), repealer of subsection (c), subsection reletter-
ing, and amendment of Note filed 5-14-2001 ; operative 6-13-2001 (Register
2001, No. 20).
§ 268.06. Dealer Educational Program Requirements.
(a) All applicants for a vehicle dealer license subject to Vehicle Code
Section 1 1 704.5 shall provide evidence to the department of having suc-
cessfully completed an educational program as described by Vehicle
Code Section 11704.5(b) and this article.
(1) When a firm, corporation, association, limited liability company,
or a partnership submits a dealer license application which is subject to
Vehicle Code Section 1 1704.5, at least one person who is part of the own-
ership structure and who is required to submit a Personal History State-
ment, and who will have primary responsibility for managing the day to
day dealership business which is reliant on the subject matter knowledge
contained in the dealer examination shall be required to provide evidence
to the department of having successfully completed an educational pro-
gram as described by Vehicle Code Section 11704.5(b) and this article.
(b) The educational program completed by dealer license applicants
subject to Vehicle Code Section 1 1704.5 must be a program which is ap-
proved and certified by the department.
(c) The educational program completed by dealer license applicants
subject to Vehicle Code Section 1 1704.5 shall adequately cover the sub-
ject areas specified in Vehicle Code Section 1 1704.5(a) and the addition-
al subjects specified in section 268.04(b) of this article.
(d) The lesson plans for all educational programs provided under this
section shall be approved by the department as complying with the pro-
gram requirements described in this article and in Vehicle Code Section
1 1 704.5. All lesson plans approved by the department shall also substan-
tially comply with the department's Lesson Plan Guideline for Used Ve-
hicle Dealer Education Programs, OL 2000 (New. 8/97), which the de-
partment hereby incorporates by reference.
(e) All dealer educational program providers shall submit their fully
developed lesson plans to the department for approval prior to utilizing
them in a program.
(1) All lesson plans submitted for approval shall include a complete
table of contents, and the pages of the plan shall be consecutively num-
bered.
(2) All lesson plans submitted for approval shall include samples of all
workbooks, videos, tests, final exams, and other teaching aids used in the
program.
Page 17
Register 2006, No. 7; 2-17-2006
§ 268.08
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(3) All lesson plans submitted for approval shall include a time sched-
ule that specifies the time allotted to cover each subject area, the time al-
lotted for break periods, and the time allotted for administrative activi-
ties.
(f) All educational program providers shall be responsible for revising
their approved lesson plans as necessary to ensure that all required sub-
ject areas presented reflect substantia] ongoing changes in relevant stat-
utes, regulations or other requirements.
(J) Any substantial change(s) to the lesson plan of an approved pro-
gram must be authorized in writing by the department prior to presenting
them in an approved program.
(g) All proposed program lesson plans and proposed changes to ap-
proved lesson plans submitted by a program provider to the department
for approval shall receive a letter of approval or disapproval within 30
working days of receipt by the department of a proposed lesson plan or
a proposed lesson plan change.
(1) The department shall provide a written receipt within 10 working
days of receiving any proposed lesson plan and proposed change to an
approved lesson plan submitted by a program provider for the depart-
ment's approval.
(A) The receipt provided by the department shall inform the program
provider that the proposed lesson plan or lesson plan change is complete
and accepted for consideration or is deficient and specify what additional
data or materials are necessary.
(2) All programs approved by the department shall receive a written
certification containing a unique certification number issued by the de-
partment.
(3) An educational program approved by the department shall remain
certified only so long as the program continues to meet all program re-
quirements as described in this article and in Vehicle Code Section
11704.5.
(4) Whenever a program fails to meet all program requirements, the
department shall notify the program provider in writing of all program
deficiencies and shall include specific instructions on how the program
can correct the identified deficiencies.
(A) The department will allow the program provider 20 working days
from the date of the deficiency notice to implement the required changes
in order to correct the identified program deficiencies.
(5) In the event a program provider fails to implement the required pro-
gram corrections for all identified program deficiencies within the speci-
fied period, the department will decertify the program in writing which
will specify the effective date of the decertification.
(6) Any program completion certificates issued for any period of in-
struction during which the issuing program was not certified by the de-
partment will not be accepted as evidence of program completion.
(h) All educational programs provided under this section shall contain
a comprehensive final examination which tests for knowledge of all sub-
jects which are required to be covered in the program.
(1) A successful passing score of 70% on the final program examina-
tion is required of all program participants prior to the issuance of a com-
pletion certificate by the program provider.
(i) All persons who wish to be admitted as students to a certified dealer
educational program are required to present a current California DL or
ID as personal identification.
(1) All certified program providers shall refuse to provide a program
completion certificate to any person who has not presented a current Cali-
fornia DL or ID which verifies his or her personal identity.
(j) Records of all classes given by a certified program provider shall
be compiled and retained by the provider for not less than one (1) year
and one (1) month from completion of the class.
(1) Records shall include complete student rosters, course dates and
times, and all final examinations and scores.
(2) Records shall be made available to department inspectors and in-
vestigators for official purposes relating to inquiries of program suffi-
ciency or program fraud.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 470 and
11704.5, Vehicle Code.
History
1. New section filed 3-31-98: operative 3-31-98 pursuant to Government Code
section 11343.4(d) (Register 98, No. 14).
§ 268.08. Evidence of Dealer Educational Program
Completion.
(a) Evidence of program completion shall consist of a completion cer-
tificate provided by a certified program provider which shall include the
following."
(1) The start and completion date(s) the identified person attended the
program.
(2) The total hours of instruction the identified person received in the
program.
(3) Full printed name, date of birth, and the number of the California
DL or ID of the person who completed the program.
(4) Program provider identifying information including:
(A) Printed name, telephone number, and business address of program
provider.
(B) Course curriculum certification number as provided by the depart-
ment.
(C) Printed name and signature of program instructor or provider.
(D) A unique sequential certificate identifier which includes alpha/
numeric symbols.
(5) A statement certifying that the person named on the completion
certificate has successfully completed the program.
(b) Completion certificates issued for completion of approved dealer
education programs will be valid for submission with original dealer li-
cense applications for a period of only one year from the date of program
completion.
(c) All dealer educational program providers shall submit a sample of
their program completion certificates to the department for approval
prior to utilizing them in a program.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 1 1704.5,
Vehicle Code.
History
1 . New section filed 3-31-98; operative 3-31-98 pursuant to Government Code
section 1 1343.4(d) (Register 98, No. 14).
§ 268.10. Dealer Surety Bond Requirements.
(a) Every applicant for issuance or renewal of a dealer license, other
than a dealer who deals exclusively with motorcycles and/or all-terrain
vehicles and a wholesale dealer selling less than 25 vehicles a year, shall
submit the bond required by Vehicle Code section 11710 on a Dealer
Surety Bond, form OL 25 (REV. 1 1/2004), which is hereby incorporated
by reference. The bond shall be subject to chapter 2 (commencing with
Section 995.010), title 14, of part 2 of the Code of Civil Procedure.
(b) Every applicant for issuance or renewal of a license for a dealer
who deals exclusively in motorcycles and/or all-terrain vehicles shall
submit the bond required in Section 268.12 of Title 13, California Code
of Regulations.
(c) Every applicant for issuance or renewal of a license for a dealer sel-
ling less than 25 vehicles a year on a wholesale basis only shall submit
the bond required in Section 268.1 2 of Title 13, California Code of Regu-
lations.
(d) The true, full name of the dealer, and any doing business as (DBA)
names under which the licensed activity is conducted, shall be entered on
the bond.
(e) The appointment of director as the agent for service of process re-
quired by Vehicle Code section 1 1710(d) shall be in the form required
under subdivision (c) of Section 330.08 of Title 13, California Code of
Regulations.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 995.010,
Code of Civil Procedure; and Sections 11710 and 1 1710.1, Vehicle Code.
History
1. New section filed 2-14-2006; operative 3-16-2006 (Register 2006, No. 7).
•
Page 18
Register 2006, No. 7; 2-17-2006
Title 13
Department of Motor Vehicles
§ 272.02
§ 268.12. Surety Bond Requirements for Motorcycle
Dealers, Motorcycle Lessor-Retailers,
All-Terrain Vehicle Dealers and Wholesale
Only Dealers Who Sell Less Than 25 Vehicles
Per Year.
(a) The bond required by Vehicle Code sections 11612 and 1 17 10 for
a dealer who will deal exclusively in motorcycles or all-terrain vehicles
or who sells wholesale less than 25 vehicles a year shall be executed on
a Surety Bond of Motorcycle Dealer, Motorcycle Lessor-Retailer. All-
Terrain Vehicle Dealer, or Wholesale Only Dealer (Less Than 25 Ve-
hicles Per Year), form OL 25B (REV. 12/2004), which is hereby incorpo-
rated by reference. The bond shall be subject to chapter 2 (commencing
with Section 995.010), title 14, of part 2 of the Code of Civil Procedure.
(1) For the purpose of determining whether a dealer sells less than 25
vehicles a year, a year shall be defined as the period beginning on the ini-
tial date of licensure and ending on the day before the renewal date.
(2) The name of the Principal on the surety bond shall include any and
all "Doing Business As" (DBA) names used by the Principal to conduct
business as authorized under the occupational license.
(3) The appointment of director as the agent for service of process re-
quired by Vehicle Code section 11710(d) shall be in the form required
under subdivision (c) of Section 330.08 of Title 13, California Code of
Regulations.
NOTE: Authority cited: Section 1651 , Vehicle Code. Reference: Section 995.010,
Code of Civil Procedure; and Sections 1 1612, 11710 and 1 1710.1, Vehicle Code.
History
1. New section filed 2-14-2006; operative 3-16-2006 (Register 2006, No. 7).
§ 270.00. Place of Business.
Before the department can issue any temporary permit or license or al-
low such license to remain in force, the applicant's principal place of
business and each branch location must conform to Vehicle Code Sec-
tions 320 and 11709.
The office of the principal place of business and each branch location
of the dealership must be established to the extent that its construction is
not temporary, transitory or mobile in nature, except that a trailer coach
office is acceptable providing it is not a part of the dealer' s vehicle inven-
tory not being offered for or subject to sale while being used as an office
of the dealership, and otherwise meets the requirements of Vehicle Code
Section 320.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 320,
11709 and 1 1713, Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 406.00 to section
270.00 and designating article 4.2 filed 7-19-93 pursuant to title 1, section 100,
California Code of Regulations (Register 93, No. 30).
§ 270.02. Dealer Branch Location Definition.
Dealer Branch is any location, other than the principal place of busi-
ness of the dealer, maintained for the sale or exchange of vehicles. A
branch location must comply with the requirements of Section 320 and
Section 1 1709 of the Vehicle Code.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 320 and
11709, Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 414.50 to section
270.02 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 270.04. Change of Location.
Any dealer who changes the site of either the principal or a branch lo-
cation must comply with all provisions of Vehicle Code Sections 320 and
1 1 709, before the application for change of location may be accepted.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 320,
11709 and 11712, Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 407.00 to section
270.04 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 270.06. Signs or Devices.
The signs or devices identifying the dealership at each business loca-
tion as required pursuant to Vehicle Code Section 11709, shall be of a
permanent nature, erected on the exterior of the office or on the display
area, and be constructed or painted and maintained so as to withstand rea-
sonable climatic effects and be readable as provided for in Section J 1 709.
A temporary sign or device may suffice when a permanent sign is on or-
der. Evidence of such order shall be submitted to the Department prior
to issuance of a temporary permit or license.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 1 1709,
Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 408.00 to section
270.06 filed 7-1 9-93 pursuant to title 1 , section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 270.08. Display Area.
(a) The display area of the principal place of business of each branch
location and additional display areas as permitted by this section shall be
of sufficient size to physically accommodate vehicles of a type for which
the dealership is licensed to sell. The display area must be clearly for the
exclusive use of the dealer for display purposes only . Additional display
areas are permitted within a radius of 1 ,000 feet from the principal place
of business and any licensed branch location without being subject to
separate licensing. However, such display areas must also meet the sign-
ing requirement as identified in Vehicle Code Section 11709(a).
(b) The provisions of Vehicle Code Section 1 1 709(b), which permits
a dealer to display vehicles at a fair, exposition, or similar exhibit without
securing a branch license extends to public shopping areas, public shop-
ping centers, autoramas and other similar locations or events open to the
public and intended to merely bring the dealer's identity and product to
the public's attention, provided that:
(1) No sales are offered, attempted, solicited, negotiated or otherwise
transacted from such locations or at such public event, including the ac-
ceptance of cash deposits, trade-in vehicles or any other considerations
from persons for the purpose of inducing or binding a sale.
(2) Such locations are available to all dealers licensed in this state with-
out discrimination as to type of manufacture, make, or year of vehicle dis-
played.
(3) Every dealer participating at such locations or events shall post a
sign on the vehicle or vehicles or in close proximity thereto, printed in
letters of not less than three (3) inches in height, which shall show the
dealer's name, location and address of his established place of business
and the following statement: "No sales permitted, or deposits accepted
at this location."
NOTE. Authority cited: Section 1651, Vehicle Code. Reference: Sections 320,
1 1705 and 1 1709, Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 409.00 to section
270.08 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 272.00. Business Records.
(a) Pertinent records of a licensed dealer which must be open to inspec-
tion pursuant to Vehicle Code Section 320 are those records maintained
in the regular course of business insofar as those records are directly con-
cerned with the purchase, sale, rental or lease of a vehicle.
(b) Unless otherwise specified by statute, all business records relating
to vehicle transactions shall be retained by the dealership for a period of
not less than three years.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 320, Ve-
hicle Code.
History
1 . Change without regulatory effect renumbering former section 4 1 0.00 to section
272.00 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 272.02. Location of Business Records.
A vehicle dealer may, at his option, maintain the business records of
the dealership at the office of the principal place of business; or if the
dealer has a branch location(s), records peculiar to that branch may be
Page 19
Register 2006, No. 7; 2-17-2006
§ 272.04
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
maintained either at such branch location or at the principal place of busi-
ness. Upon approval of the department, the records may be maintained
at a business location other than as required in this section, provided a
written instrument is filed with the department describing such other lo-
cation and granting the department authorization to inspect the records
thereat.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 320, Ve-
hicle Code.
History
1 . Change without regulatory effect renumbering former section 410.01 to section
272.02 filed 7-19-93 pursuant to title I, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 272.04. Disclosure to Low Speed Vehicle Buyer.
(a) A "low speed vehicle" is defined as having a maximum speed of
not more than 25 miles per hour which complies with Federal Motor Ve-
hicle Safety Standards.
(b) A vehicle dealer, selling a low speed vehicle, shall provide a disclo-
sure to be signed by the buyer at the time of purchase. The disclosure will
include a statement that the vehicle:
(1) Has a maximum speed of 25 miles per hour.
(2) May be a hazard on the roadways if it impedes traffic.
(3) May subject the driver to citations for impeding traffic.
(c) The vehicle dealer shall give a copy of the signed disclosure to the
buyer and keep the original with the business records of vehicle transac-
tions.
(d) Prior to the sale of a low speed vehicle, the dealer or manufacturer
shall affix a permanent decal to the underside of the roof near the wind-
shield on the driver side.
(1) The decal shall be approximately 3 inches high by 5 inches wide.
(2) The decal shall contain the disclosure statement information speci-
fied in (b).
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 320,
1809, 11713 and 21252, Vehicle Code.
History
1. New section filed 11 -30-98 as an emergency; operative 11 -30-98 (Register 98,
No. 49). A Certificate of Compliance must be transmitted to OAL by 3-30-99
or emergency language will be repealed by operation of law on the following
day.
2. Repealed by operation of Government Code section 1 1346.1(g) (Register 99,
No. 20).
3. New section filed 5-10-99; operative 5-10-99 pursuant to Government Code
section 1 1343.4(d) (Register 99, No. 20).
4. Change without regulatory effect amending Note filed 10-2-2000 pursuant to
section 1 00, title 1 , California Code of Regulations (Register 2000, No. 40).
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 995.010,
Code of Civil Procedure; and Sections 11612 and 11710, Vehicle Code.
History
1. New article 4.21 (section 280.12) and section filed 2-14-2006; operative-
3-16-2006 (Register 2006. No. 7).
Article 4.21. Vehicle Lessor-Retailers
§ 280.12. Lessor-Retailer Surety Bond Requirements.
(a) Every applicant for issuance or renewal of a lessor-retailer license
other than a lessor-retailer who deals exclusively with motorcycles shall
submit the bond required by Vehicle Code section 11612 on a Lessor-
Retailer Surety Bond, form OL 25C (REV. 1 1/2004), which is hereby in-
corporated by reference. The bond shall be subject to chapter 2 (com-
mencing with Section 995.010), title 14, of part 2 of the Code of Civil
Procedure.
(b) Every applicant for issuance or renewal of a license as a lessor-re-
tailer who deals exclusively with motorcycles shall submit the surety
bond required in Section 268.12 of Title 13, California Code of Regula-
tions.
(c) The true, full name of the lessor-retailer, and any doing business
as (DBA) names under which the licensed activity is conducted, shall be
entered on the bond.
(d) The appointment of director as the agent for service of process re-
quired by Vehicle Code section 11710(d) shall be in the form required
under subdivision (c) of Section 330.08 of Title 13, California Code of
Regulations.
Article 4.22. Vehicle Manufacturers and
Remanufacturers
§ 285.06. Remanufacturer Surety Bond Requirements.
(a) Every applicant for issuance or renewal of a remanufacturer license
shall submit the bond required by Vehicle Code section 11710 on a Re-
manufacturer Surety Bond, form OL 25 A (REV. 1 1/2004), which is here-
by incorporated by reference. The bond shall be subject to chapter 2
(commencing with Section 995.010), title 14, of part 2 of the Code of
Civil Procedure.
(b) The true, full name of the remanufacturer, and any doing business
as (DBA) names under which the licensed activity is conducted, shall be
entered on the bond.
(c) The appointment of director as the agent for service of process re-
quired by Vehicle Code section 11710(d) shall be in the form required
under subdivision (c) of Section 330.08 of Title 13, California Code of
Regulations.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 995.010,
Code of Civil Procedure; and Section 11710, Vehicle Code.
History
1. Amendment of article heading and new section filed 2-14-2006; operative
3-16-2006 (Register 2006, No. 7).
§ 290.00. Place of Business.
The applicant for, or holder of a vehicle manufacturer's license shall
maintain a suitable site sufficient in size and furnishings to effect the
manufacture, assembly, reconstruction, or reconfiguration in final form
for subsequent delivery to the distributorships or to licensed vehicle deal-
ers in this state, vehicles subject to registration by the department.
(a) If no manufacturing site is located in this state, the department may
require such supporting documentary proof as it deems necessary to de-
termine the applicant's status as an actual manufacturer pursuant to Ve-
hicle Code Section 11701, and the applicant's compliance with Vehicle
Code Section 320.
(b) If the mailing address of the licensee is not at the actual manufac-
turing site, such mailing address shall be reflected in the application, and
thereafter remain current with the department.
(c) It is not necessary for a vehicle manufacturer to obtain licenses for
branch manufacturing sites located outside of this state, provided the
principal site is licensed with the department.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 320,
11701 and 11713, Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 411 .00 to section
290.00 and designating article 4.22 filed 7-19-93 pursuant to title 1, section
100, California Code of Regulations (Register 93, No. 30).
§ 290.02. Pertinent Books and Records.
Pertinent books and records of a vehicle manufacturer as set forth in
Vehicle Code Section 320 include, but are not limited to, invoices, certif-
icates of origin, manufacturer's suggested retail price lists, vehicle iden-
tification number and motor number locations and coding data, and any
other record which relates to the identification and history of vehicles
subject to registration in this state. The department may require that any
pertinent record printed in any language other than the English language
be accompanied by a version translated into the English language prior
to acceptance by the department as a genuine record of the manufacturer.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 320 and
11701, Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 41 1 .01 to section
290.02 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regu-
lations (Register 93, No. 30).
Page 20
Register 2006, No. 7; 2-17-2006
Title 13
Department of Motor Vehicles
§ 300.09
Article 4.23. Vehicle Verifiers
§ 292.06. Vehicle Verifier Surety Bond Requirements.
(a) Every applicant for issuance or renewal of a vehicle verifier permit
shall submit the bond required by Vehicle Code section 1 1301 on a Ve-
hicle Verifier Surety Bond, form OL 26 (REV. 1 1/2004), which is hereby
incorporated by reference. The bond shall be subject to chapter 2 (com-
mencing with Section 995.010), title 14, of part 2 of the Code of Civil
Procedure.
(b) The bond shall be conditioned that if the vehicle verifier not cause
any loss by the public or the State arising out of the operation under the
vehicle verifier permit, then this obligation is to be void; otherwise it is
to remain in full force and effect.
(c) The true, full name of the vehicle verifier, and any doing business
as (DBA) names under which the licensed activity is conducted, shall be
entered on the bond.
NOTE: Authority cited: Sections 1651 and 1 1308, Vehicle Code. Reference: Sec-
tion 995.010, Code of Civil Procedure; and Section 11301, Vehicle Code.
History
1. New article 4.23 (section 292.06) and section filed 2-14-2006; operative
3-16-2006 (Register 2006, No. 7).
Article 4.24. Vehicle Transporters
§ 295.00. Place of Business.
The principal place of business for an applicant for, or the holder of,
a vehicle transporter's license shall be the location of record with the de-
partment.
(a) If the mailing address of the licensee is not at the actual principal
place of business, such mailing address shall be reflected in the applica-
tion along with the address of the principal place of business and thereaf-
ter remain current with the department.
(b) It is not necessary for a vehicle transporter to obtain licenses for
branch business locations outside of this state, provided the principal
place of business is licensed with the department.
(c) If the principal place of business is not located in this state, the de-
partment may require such supporting documentary proof as it deems
necessary to determine the applicant's status as an actual transporter pur-
suant to Vehicle Code Section 320.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 320,
1 1701 and 1 1713, Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 41 2.00 to section
295.00 and designating article 4.24 filed 7-19-93 pursuant to title 1, section
100, California Code of Regulations (Register 93, No. 30).
§ 300.00. Display of Numbers.
NOTE: Authority cited: Sections 1651 and 9853.2, Vehicle Code. Reference: Sec-
tions 9850, 9853.2 and 9857, Vehicle Code; and CFR, Title 33, Sections 173.19,
173.27, 174.13 and 174.14.
History
1 . New article 3.1 (sections 300.00 through 300.03) filed 1 1-23-70 as an emergen-
cy; effective upon filing (Register 70, No. 48).
2. Certificate of Compliance— sec. 1 1422.1, Gov. Code, filed 3-22-71 (Register
71, No. 13).
3. Repealer of sections 300.00-300.03 and new sections 300.00-300.20 filed
12-9-74; effective thirtieth day thereafter (Register 74, No. 50).
4. Amendment of subsection (c) filed 6-4-81; effective thirtieth day thereafter
(Register 81, No. 23).
5. Amendment of Note filed 7-7-82; effective thirtieth day thereafter (Register
82, No. 28).
6. Change without regulatory effect renumbering former section 300.00 to section
190.00 and amending article heading filed 7-19-93 pursuant to title 1, section
100, California Code of Regulations (Register 93, No. 30).
§ 300.01 . Registration Stickers.
NOTE: Authority cited: Sections 1651 and 9853.4, Vehicle Code. Reference: Sec-
tion 9853.4, Vehicle Code; and CFR, Title 33, Section 174.15.
History
1 . New Note filed 7-7-82; effective thirtieth day thereafter (Register 82, No. 28).
2. Change without regulatory effect renumbering former section 300.01 to section
190.01 filed 7-1 9-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 300.02. Proof of Ownership.
NOTE: Authority cited: Sections 1651 and 9852, Vehicle Code. Reference: Sec-
tion 9852. Vehicle Code; and CFR, Title 33, Section 174.31 .
History
1 . New Note filed 7-7-82; effective thirtieth day thereafter (Register 82, No. 28).
2. Change without regulatory effect renumbering former section 300.02 to section
190.02 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 300.03. Department Agents' Authorization.
NOTE: Authority cited: Sections 1651 and 9858, Vehicle Code. Reference: Sec-
tions 9858 and 9859, Vehicle Code.
History
1 . New Note filed 7-7-82; effective thirtieth day thereafter (Register 82, No. 28).
2. Chance without regulatory effect renumbering former section 300.03 to section
190.03 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 300.04. Definition of a Livery Boat.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 9840
and 9850, Vehicle Code; and CFR, Title 33, Section 174.19.
History
1 . New Note filed 7-7-82; effective thirtieth day thereafter (Register 82, No. 28).
2. Change without regulatory effect renumbering former section 300.04 to section
190.04 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 300.05. Definition of a Vessel Carrying Passengers for
Hire.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 9840
and 9850, Vehicle Code; and CFR, Title 33, Section 174.19.
History
1 . New Note filed 7-7-82; effective thirtieth day thereafter (Register 82, No. 28).
2. Change without regulatory effect renumbering former section 300.05 to section
190.05 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 300.06. Definition of a Boat Manufacturer.
NOTE: Authority cited: Section 165 1, Vehicle Code. Reference: Section 9840, Ve-
hicle Code.
History
1 . New Note filed 7-7-82; effective thirtieth day thereafter (Register 82, No. 28).
2. Change without regulatory effect renumbering former section 300.06 to section
190.06 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 300.07. Definition of a Boat Dealer.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 9856
and 9912, Vehicle Code.
History
1 . New Note filed 7-7-82; effective thirtieth day thereafter (Register 82, No. 28).
2. Change without regulatory effect renumbering former section 300.07 to section
190.07 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 300.08. Certificates of Number for Dealer, Manufacturer,
Livery Vessel and Vessel Carrying Passengers
for Hire.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 9850,
9853, 9853.1-9853.3, Vehicle Code; CFR, Tide 33, Sections 173.27 and 174.19;
and CFR, Title 46, Section 67.01-1 1.
History
1 . New subsection (c) filed 9-23-75; effective thirtieth day thereafter (Register 75,
No. 39).
2. Amendment of Note filed 7-7-82; effective thirtieth day thereafter (Register
82, No. 28).
3. Change without regulatory effect renumbering former section 300.08 to section
190.08 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 300.09. Terms and Conditions for Vessel Registration
and Numbering.
NOTE. Authority cited: Section 1651, Vehicle Code. Reference: Sections 9852,
9853.1 , 9853.4, 9855 and 9858, Vehicle Code; and CFR, Title 33, Section 1 74.31 .
History
1 . New Note filed 7-7-82; effective thirtieth day thereafter (Register 82, No. 28).
Page 21
Register 2006, No. 7; 2-17-2006
§ 300.10
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
2. Change without regulatory effect renumbering former section 300.09 to section
190.09 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 300.1 0. Contents of Applications for Certificate of
Ownership and Certificate of Number.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 9852
and 9853, Vehicle Code; and CFR. Title 33, Section 174. 17.
History
1 . New Note filed 7-7-82; effective thirtieth day thereafter (Register 82, No. 28).
2. Amendment filed 4-18-85; effective thirtieth day thereafter (Register 85, No.
16).
3. Change without regulatory effect renumbering former section 300.10 to section
190.10 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 300.1 1 . Contents of Certificate of Number.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 9853
and 9853.1, Vehicle Code; and CFR, Title 33, Section 174.19.
History
1. Amendment filed 7-7-82; effective thirtieth day thereafter (Register 82, No.
28).
2. Change without regulatory effect renumbering former section 300.1 1 to section
190.11 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 300.12. Validity of Certificate of Number.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 9853.1,
9855. 9858, 9864, 9874 and 9915, Vehicle Code; and CFR, Title 33, Section
173.77.
History
1. Amendment of subsection (c) filed 9-23-75; effective thirtieth day thereafter
(Register 75, No. 39).
2. New Note filed 7-7-82; effective thirtieth day thereafter (Register 82, No. 28).
3. Change without regulatory effect renumbering former section 300. 12 to section
190.12 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 300.13. Removal of Stickers.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 9853.4
and 9874, Vehicle Code; and CFR, Title 33, Section 173.33.
History
1. Amendment filed 9-23-75; effective thirtieth day thereafter (Register 75, No.
39).
2. New Note filed 7-7-82; effective thirtieth day thereafter (Register 82, No. 28).
3. Change without regulatory effect renumbering former section 300.1 3 to section
190.13 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 300.14. Temporary Certificate of Number.
NOTE: Authority cited: Section 1651 , Vehicle Code. Reference: Section 9858; and
CFR, Title 33, Sections 173.75 and 174.29.
History
1 . New NOTE filed 7-7-82; effective thirtieth day thereafter (Register 82, No. 28).
2. Change without regulatory effect renumbering former section 300. 1 4 to section
190.14 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 300.15. Hull Identification Numbers.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 9871
and 987 1 .5, Vehicle Code; and CFR, Title 33, Sections 1 8 1 .23, 1 8 1 .25, 1 8 1 .27 and
181.29.
History
1. Amendment filed 7-7-82; effective thirtieth day thereafter (Register 82, No.
28).
2. Change without regulatory effect renumbering former section 300.15 to section
190.15 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§300.16. Fee-Exempt Boats.
NOTE: Authority cited: Section 985 1 , Vehicle Code. Reference: Section 9851 , Ve-
hicle Code.
History
1 . New Note filed 7-7-82; effective thirtieth day thereafter (Register 82, No. 28).
2. Change without regulatory effect amending section filed 12-16-91 pursuant to
section 100, title 1, California Code of Regulations (Register 92, No. 10).
3. Change without regulatory effect renumbering former section 300. 16 to section
190.16 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 300.17. Recreational-Type Public Vessels.
NOTE: Authority cited: Section 1 651, Vehicle Code. Reference: Section 9851, Ve-
hicle Code; and CFR, Title 33, Section 1 73. 1 1 .
History
1 . Amendment filed 7-7-82; effective thirtieth day thereafter (Register 82, No.
28).
2. Change without regulatory effect renumbering former section 300.17 to section
190.17 filed 7-1 9-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 300.1 8. Fee-Exempt Annual Renewal.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 9850, Ve-
hicle Code.
History
1 . New Note filed 7-7-82; effective thirtieth day thereafter (Register 82, No. 28).
2. Change without regulatory effect renumbering former section 300.1 8 to section
190.T8 filed 7-1 9-93 pursuant to title 1 , section 100, California Code of Regu-
lations (Register 93, No. 30).
§300.19. Racing Vessels.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 9854
and 9873, Vehicle Code.
History
1 . New Note filed 7-7-82; effective thirtieth day thereafter (Register 82, No. 28).
2. Change without regulatory effect renumbering former section 300.19 to section
190.1 9 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 300.20. Livery Vessels.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 9853.3,
Vehicle Code; and CFR, Title 33, Section 173.21.
History
1. New Note filed 7-7-82; effective thirtieth day thereafter (Register 82, No. 28).
2. Change without regulatory effect renumbering former section 300.20 to section
190.20 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 300.21 . Notification to the Department.
NOTE: Authority cited: Section 165 1, Vehicle Code. Reference: Sections 9864,
9865 and 9911, Vehicle Code; and CFR, Title 33, Section 173.29.
History
1. New section filed 9-23-75; effective thirtieth day thereafter (Register 75, No.
39).
2. Amendment filed 7-7-82; effective thirtieth day thereafter (Register 82, No.
28).
3. Change without regulatory effect renumbering former section 300.21 to section
190.21 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 300.22. Surrender of Certificate of Number.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 9864
and 9900, Vehicle Code; and CFR, Title 33, Section 173.31.
History
1. New section filed 9-23-75; effective thirtieth day thereafter (Register 75, No.
39).
2. New Note filed 7-7-82; effective thirtieth day thereafter (Register 82, No. 28).
3. Change without regulatory effect renumbering former section 300.22 to section
190.22 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 301 .00. Non-Motorized Surfboard-Like Vessels
Exempted Under Vehicle Code Section 9873(e).
NOTE: Authority cited: Section 165 1, Vehicle Code. Reference: Section 9873, Ve-
hicle Code.
History
1. New section filed 4-5-71; effective thirtieth day thereafter (Register 71, No.
15).
2. Change without regulatory effect renumbering former section 301 .00 to section
191 .00 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 302.00. Proof Documents Re Lien Sale Vessels.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 9915, Ve-
hicle Code.
History
1. New section filed 4-5-71; effective thirtieth day thereafter (Register 71, No.
15).
Page 22
Register 2006, No. 7; 2-17-2006
Title 13
Department of Motor Vehicles
§ 304.12
2. Change without regulatory effect renumbering former section 302.00 to section
192.00 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
Article 4.26. Vehicle Dismantlers
§ 304.00. Place of Business.
Before the department can issue any temporary permit or license or al-
low such license to remain in force, the applicant's principal place of
business and each branch location must conform to Vehicle Code Sec-
tions 320 and 11513.
(a) The office of the principal place of business and each branch loca-
tion of the firm must be established to the extent that its construction is
not temporary, transitory or mobile in nature, except that a trailer coach
office is acceptable providing it is not a part of the dismantling inventory,
and otherwise meets the requirements of Vehicle Code Section 320.
(b) Office in Private Residence. In considering any application for a
vehicle dismantler's license wherein the established place of business is
a part of any single or multiple-unit dwelling house, the department may
require additional proof of the applicant's status as an actual dismantler
pursuant to Vehicle Code Section 1 1 5 14 in the form of confirmation from
the local zoning authority in the city, county, or city and county, that the
property is properly zoned for the conduct of such business.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 320,
11513 and 11514, Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 41 3.01 to section
304.00 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 304.02. Dismantler Branch Location Definition.
Dismantler Branch is any location, other than the principal place of
business of the dismantler, maintained for the purpose(s) identified in
Section 220 of the Vehicle Code.
NOTE: Authority cited: Section 165 1, Vehicle Code. Reference: Sections 220 and
320, Vehicle Code.
History
1. Change without regulatory effect renumbering former section 41 4.60 to section
304.02 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 304.04. Signs and Devices.
The signs or devices identifying the firm at each business location as
required pursuant to Vehicle Code Section 1 1514 shall be of a permanent
nature, erected on the exterior of the office or the dismantling area, and
constructed or painted so as to withstand reasonable climatic effects. A
temporary sign or device may suffice during the period of time required
to obtain a permanent sign or device, providing the order for construc-
tion, purchase or painting has in fact been placed at time of submitting
the application to the department.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 11514,
Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 41 3.02 to section
304.04 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 304.06. Dismantling Area.
The dismantling area shall be in such proximity to the office of the dis-
mantler to avoid confusion and uncertainty as to its relationship to the
business.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 320,
11501 and 1 1509, Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 41 3.03 to section
304.06 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 304.08. Dismantler Report Forms.
Books and forms furnished licensed vehicle dismantlers by the depart-
ment pursuant to Vehicle Code Section 1 1505 shall be known as disman-
tler's books f notice of acquisition and report of vehicle to be dismantled,
and shall be submitted pursuant to the provisions of Vehicle Code Sec-
tion 11520.
(a) Dismantler's notice of acquisition shall be prepared in quadrupli-
cate for disposition as follows:
(1) The original shall be submitted to the Department of Motor Ve-
hicles, Division of Registration, P.O. Box 1 3 1 9, Sacramento, CA 95806.
(2) The first carbon copy shall be submitted to the Department of Jus-
tice, Bureau of Identification, P.O. Box 13417, Sacramento, CA 95813.
(3) The second carbon copy shall be submitted to the appropriate local
law enforcement agency, if required.
(4) The third carbon copy shall remain with the firm's business re-
cords.
(b) Dismantler's report of vehicle to be dismantled shall be prepared
in triplicate for disposition as follows:
(1) The original and triplicate copy shall be submitted to the depart-
ment, either at a local field office or to Department of Motor Vehicles,
Division of Registration, P.O. Box 1319, Sacramento, CA 95806.
(2) The quadruplicate copy shall remain with the firm's business re-
cords.
(3) The duplicate copy is blank, and requires no disposition.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 1 1505
and 11520, Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 41 3.05 to section
304.08 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 304.10. Acquisition of Cleared Vehicles.
It shall not be necessary for a licensed vehicle dismantler to submit a
notice of acquisition for, or to clear, any vehicle acquired from another
person if such person has already notified, and cleared the vehicle with
the department for dismantling provided a bill of sale has been executed
to the dismantler which properly identifies such vehicle and evidence of
clearance by the department such as a dismantling report number, tempo-
rary receipt number, or other proof of previous compliance with Vehicle
Code Section 11520.
Any person other than a licensed dismantler who is engaged in the
business of acquiring and disposing of vehicles in conjunction with metal
scrap processing, shredding, salvage or other large-scale disposal opera-
tions which include vehicles acquired from licensed vehicle dismantler
sources that have already cleared such vehicles for dismantling in com-
pliance with Vehicle Code Section 1 1520 need not repeat clearance pro-
cess if he is in possession of evidence attesting to proof of compliance
pursuant to Vehicle Code Section 221(a)(4).
NOTE. Authority cited: Section 1651, Vehicle Code. Reference: Sections 221 and
11520, Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 41 3.06 to section
304. 1 0 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 304.12. Business Records.
Business records of a vehicle dismantler, which the department may
inspect and copy pursuant to its authority under Vehicle Code Section
320, include but are not limited to departmental books and forms, inven-
tory journals, documents prepared by a public entity for the ordering of
towing, storing or disposal of vehicles, bills of sale, and all other docu-
ments normally executed or maintained in transactions relating to the ac-
quisition and disposing of vehicles and parts or scrap therefrom in the
conduct of the vehicle dismantling business.
(a) Business records shall be maintained for any part, component or
system which has been temporarily removed from any vehicle acquired
for dismantling and prior to clearance for dismantling, provided such
part, component or system was removed for the sole purpose of safekeep-
ing and the record is attached thereto which properly identifies the ve-
hicle from which such part, component or system has been removed.
(b) Unless otherwise specified by statute, all business records relating
to vehicle transactions shall be retained by the firm for a period of not less
than three years.
Page 23
Register 2006, No. 7; 2-17-2006
§ 304.14
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 320 and
11520, Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 41 3.07 to section
304.12 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 304.14. Location of Business Records.
A vehicle dismantler may, at his option, maintain the business records
of the firm at the office of the principal place of business, or if the disman-
tler has a branch location(s), records peculiar to that branch may be main-
tained either at such branch location or at the principal place of business,
(a) Upon approval of the department, the records may be maintained
at a business location other than as required in this section, provided a
written instrument is filed with the department describing such other lo-
cation and granting authorization to inspect the records thereat.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 320, Ve-
hicle Code.
History
1 . Change without regulatory effect renumbering former section 41 3.08 to section
304.14 tiled 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 310.00. General Procedures When Fees Not Paid.
NOTE: Authority cited for Article 3.2: Section 1651, Vehicle Code. Reference:
Section 9801, Vehicle Code.
History
1 . New Article 3.2 (§§ 310.00 through 3 1 0.04) filed 8-4-7 1 ; effective thirtieth day
thereafter (Register 71, No. 32).
2. Repealer filed 6-25-85; effective thirtieth day thereafter (Register 85, No. 26).
§ 31 0.01 . Procedures When Fees Paid by Check Which Is
Dishonored.
History
1 . Repealer filed 6-25-85; effective thirtieth day thereafter (Register 85, No. 26).
§ 31 0.02. Procedures for Jeopardy Seizure.
History
1. Repealer filed 6-25-85; effective thirtieth day thereafter (Register 85, No. 26).
§ 31 0.03. Notice After Jeopardy Seizure.
History
1 . Order of Repeal filed 6-3-85 by OAL pursuant to Government Code Section
1 1349.7; effective thirtieth day thereafter (Register 85, No. 26).
§ 31 0.04. Conduct of the Hearing.
NOTE: Authority cited: Section 1651, Vehicle Code; and Sections 11180, 11181
and 11 182, Government Code. Reference: Section 9801, Vehicle Code.
History
1. Amendment of subsection (i) filed 10-4-77; effective thirtieth day thereafter
(Register 77, No. 41).
2. Editorial correction (Register 81, No. 1).
3. Amendment filed 6-25-85; effective thirtieth day thereafter (Register 85, No.
26).
4. Editorial correction of Note filed 6-26-85 (Register 85, No. 26).
5. Change without regulatory effect renumbering former section 3 10.04 to section
212.04 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
Article 4.3. Administrative Remedies
§ 314.00. Monetary Penalties.
(a) Dealer, Distributor, Manufacturer, Transporter, Salesperson. Pay-
ment of the following monetary penalties may be required of an occupa-
tional licensee pursuant to an agreement between the Director and the li-
censee entered into under the authority of Vehicle Code Section 1 1707:
(1) A minimum of $15 and a maximum of $300 for each violation of
the following provisions of Vehicle Code Sections: 3064(a), 3065, 4000,
4161(a), 4456(a), 5202, 5204(a), 5350.3, 5604, 5901, 8802, 1 1705(a)(6),
11705(a)(7), 11705(a)(8), 11705(a)(ll), 11705(a)(12), 11709, 11712.5,
11713(c), 11713(k), 11713.1(a), 11713.1(b), 11713.1(c), 11713.1(d),
1 1715(f), 38200(a); any other provision not set forth in this section which
establishes an administrative cause of action against an occupational li-
cense.
(2) A minimum of $50 and a maximum of $750 for each violation of
the following provisions of Vehicle Code Sections: 20, 8803,
11705(a)(1), 11705(a)(2), 11705(a)(3), 1 1705(a)(10). H705(a)(15),
11705.4, 11712, 11713(a), 11713(b), 11713(e), 11713(f), 11713(g),
11713(h), 11713(i). 11713(j), 11713(1), 11713.1(e), 11713.2. 11713.3,
11713.4, 11713.5(a), 11713.5(b), 11713.5(c), 11725, 11800, 11812,
11819, 11900, 24007(a).
(3) A minimum of $100 and a maximum of $1000 for each violation
of the following provisions of Vehicle Code Sections: 4463, 5753,
11705(a)(4), 11705(a)(5), 11705(a)(9), 11705(a)(13), 1 1 705(a)( 14),
11705(a)(15), 11713(d), H713(m), 11713(n), 11714(c).
(b) Dismantlers. Payment of the following monetary penalties may be
required of a dismantler licensee pursuant to an agreement between the
director and the licensee entered into under the authority of Vehicle Code
Section 11509.1.
(1) A minimum of $15 and a maximum of $50 for each violation of the
following provisions of Vehicle Code Sections: 4000, 4161(a), 5202,
5204, 5900(c), 8802, 11509(a)(3), 11509(a)(4), 11509(a)(7),
11509(a)(10), 11514(a), 11516, 11519, 11520(a); any other provision
not set forth in this section which establishes an administrative cause of
action against a dismantler license.
(2) A minimum of $25 and a maximum of $ 100 for each violation of
the following provisions of Vehicle Code Sections: 20, 8803,
11 509(a)(1), 11509(a)(2), 11509(a)(6), 11513, 11725.
(3) A minimum of $50 and a maximum of $150 for each violation of
the following provisions of Vehicle Code Sections: 11509(a)(5),
11509(a)(ll), 11509(a)(12).
NOTE. Authority cited: Sections 1651, 11509.1 and 11707, Vehicle Code. Refer-
ence Sections 11509.1 and 11707, Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 420.00 to section
3 1 4.00 and designating article 4.3 filed 7-1 9-93 pursuant to title 1 , section 1 00,
California Code of Regulations (Register 93, No. 30).
2. Amendment filed 5-14-2001; operative 6-13-2001 (Register 2001, No. 20).
§316.00. Notices of Suspension.
If an occupational license is actually suspended as a consequence of
fraud, intentional or deliberate illegal activity which results in actual loss
or damage to a consumer, or other intentional or deliberate misrepresen-
tation and if the disciplinary order also places the license on probation,
the order may include as a term or condition of probation that departmen-
tal employees be allowed to post two notices of suspension in places con-
spicuous to the public on each licensed location, main or branch, of the
licensee during the period of suspension. Said notices shall be 24 inches
wide by 14 inches high and shall be in substantially the following form:
DEPARTMENT OF MOTOR VEHICLES
NOTICE OF SUSPENSION
THE DEALER'S LICENSE ISSUED FOR THESE
PREMISES HAS BEEN SUSPENDED FROM
THROUGH
BY ORDER OF THE DEPARTMENT OF
MOTOR VEHICLES FOR VIOLATION OF THE
VEHICLE DEALER'S LICENSING LAWS
Removal of this notice prior to termination of suspension or any repre-
sentation to the effect that vehicle sales or purchases have been sus-
pended for any reason other than by order of the Department shall be
deemed a violation of the conditions of probation.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference Sections 11105,
11506, 11606 and 11718, Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 42 1 .00 to section
316.00 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 320.00. Vehicle Registration Records.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Division 3, Ve-
hicle Code.
Page 24
Register 2006, No. 7; 2-17-2006
Title 13
Department of Motor Vehicles
§ 320.18
History
1 . New article 3 (sections 320.00-320.1 3) filed 1 2-30-77 as an emergency; desig-
nated effective 1-1-78 (Register 77, No. 53).
2. Certificate of Compliance filed 3-22-78 (Register 78, No. 12).
3. Repealer filed 8-3-82; effective thirtieth day thereafter (Register 82, No. 32).
4. Amendment of Article 3.5. heading filed 4-24-9 1 ; operative 5-24-91 (Register
91, No. 25).
§ 320.01 . Vessel Numbering and Registration Records.
History
1. Repealer filed 4-24-91; operative 5-24-91 (Register 91, No. 25).
§ 320.02. Definitions.
NOTE: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section
1798.26, Civil Code. Reference: Sections 470, 1808.21, 1808.22, 1808.23, 1810,
1810.2, 1810.7 and 1811, Vehicle Code; and Section 1798, Civil Code.
History
1. Amendment filed 8-3-82: effective thirtieth day thereafter (Register 82, No.
32).
2. Amendment filed 4-24-91; operative 5-24-91 (Register 91, No. 25).
3. Change without regulatory effect renumbering former section 320.02 to section
350.02 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 320.03. Address Elements.
NOTE: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section
1798.26, Civil Code. Reference: Sections 1808.21, 1808.22, 1808.23, 1810.
1810.2, 1810.7 and 1811, Vehicle Code; and Section 1798.26, Civil Code.
History
1 . Repealer filed 8-2 1-79; effective thirtieth day thereafter (Register 79, No. 34).
2. New section filed 4-24-91; operative 5-25-91 (Register 91, No. 25).
3. Change without regulatory effect renumbering former section 320.03 to section
350.03 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 320.04. Information Access.
NOTE: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section
1798.26, Civil Code. Reference: Sections 1810, 1810.2, 1810.7 and 1811, Vehicle
Code; and Section 1798.26, Civil Code.
History
1 . Repealer filed 8-2 1-79; effective thirtieth day thereafter (Register 79, No. 34).
2. New section filed 4-24-91; operative 5-25-91 (Register 91, No. 25).
3. Change without regulatory effect renumbering former section 320.04 to section
350.04 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 320.05. Requester Code.
NOTE: Authority cited: Section 1798.26, Civil Code. Reference: Section 1798.26,
Civil Code; and Section 1810, Vehicle Code.
History
1. Amendment filed 8-21-79; effective thirtieth day thereafter (Register 79, No.
34).
2. Repealer filed 4-24-91; operative 5-24-91 (Register 91, No. 25).
§ 320.06. Governmental Entity's Application for a
Requester Code.
NOTE: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section
1798.26, Civil Code. Reference: Sections 1808.21, 1808.47, 1810. 1810.7 and
181 1, Vehicle Code; and Section 1798.26, Civil Code.
History
1 . Renumbering and amendment of former section 320.06 to section 320.36 and
new section 320.06 filed 4-24-9 1 ; operative 5-24-9 1 (Register 9 1 , No. 25). For
prior history, see Register 79, No. 34.
2. Change without regulatory effect renumbering former section 320.06 to section
350.06 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 320.07. Certification of Requests.
History
1. Repealer filed 8-3-82; effective thirtieth day thereafter (Register 82, No. 32).
§ 320.08. Assignment of Requester Codes, and Personal
Identification Numbers to Governmental
Entities.
NOTE: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section
1 798.26, Civil Code. Reference: Sections 1 808.2 1 , 1 81 0 and 1 8 1 1 , Vehicle Code ;
and Section 1798.26, Civil Code.
History
1 . Renumbering and amendment of former section 320.08 to section 320.38 and
new section 320.08 filed 4-24-91 : operative 5-24-91 (Register 9 1 , No. 25). For
prior history, see Register 79, No. 34.
2. Change without resulatory effect renumbering former section 320.08 to section
350.08 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 320.09. Withholding Information.
History
1 . Repealer filed 4-24-91; operative 5-25-91 (Register 91, No. 25).
§ 320.1 0. Governmental Entity's Request for Information.
NOTE: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section
1798.26, Civil Code. Reference: Section 1810, Vehicle Code; and Section
1798.26, Civil Code.
History
1. Amendment filed 8-21-79; effective thirtieth day thereafter (Register 79, No.
34).
2. Repealer and new section filed 4-24-91 ; operative 5-25-91 (Register 91, No.
25).
3. Change without regulatory effect renumbering former section 320. 10 to section
350.10 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 320.1 1 . Retention of Request for Information.
NOTE: Authority cited: Section 1798.26, Civil Code. Reference: Section 1 798.26,
Civil Code; and Section 1810, Vehicle Code.
History
1 . Amendment filed 8-21-79; effective thirtieth day thereafter (Register 79, No.
34).
2. Renumbering and amendment of former section 320.1 1 to section 320.48 filed
4-24-91; operative 5-24-91 (Register 91, No. 25).
§ 320.12. Priority for Processing Governmental Requests.
NOTE: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section
1798.26, Civil Code. Reference: Sections 1810, 1810.7 and 181 1, Vehicle Code;
and Section 1798.26, Civil Code.
History
1. Order of repeal filed 6-3-85 by OAL pursuant to Government Code section
11349.7; effective thirtieth day thereafter (Register 85, No. 26).
2. New section filed 4-24-91; operative 5-25-91 (Register 91, No. 25).
3. Change without regulatory effect renumbering former section 320. 1 2 to section
350.1 2 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 320.13. Preliminary Investigation.
History
1. Repealer filed 8-3-82; effective thirtieth day thereafter (Register 82, No. 32).
§ 320.14. Release of Information to Governmental Entity.
NOTE: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section
1798.26, Civil Code; Reference: Section 1810, Vehicle Code; and Section
1798.26, Civil Code.
History
1. New section filed 8-21-79; effective thirtieth day thereafter (Register 79, No.
34).
2. Repealer and new section filed 4-24-91 ; operative 5-24-91 (Register 91, No.
25).
3. Change without regulatory effect renumbering former section 320. 14 to section
350.14 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 320.16. Information Required on a Nongovernmental
Application for a Requester Code.
NOTE. Authority cited: Sections 1651 and 1810, Vehicle Code; and Section
1798.26, Civil Code. Reference: Sections 1808.21, 1808.22, 1808.23, 1808.47,
1810, 1810.2, 1810.7 and 1811, Vehicle Code; and Section 1798.26, Civil Code.
History
1 . New section filed 4-24-91 ; operative 5-24-91 (Register 91, No. 25).
2. Change without regulatory effect renumbering former section 320. 16 to section
350.16 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 320.18. Additional Requirements for a Nongovernmental
Application for a Requester Code.
NOTE: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section
1798.26, Civil Code. Reference: Sections 1808.21, 1808.47, 1810, 1810.2, 1810.7
and 181 1 , Vehicle Code; and Section 1798.26, Civil Code.
History
1. New section filed 4-24-91; operative 5-25-91 (Register 91, No. 25).
Page 25
Register 2006, No. 7; 2-17-2006
$ 320.20
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
2. Change without regulatory effect renumbering former section 320. 1 8 to section
350. 18 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 320.20. Certifications Required with Nongovernmental
Applications for Access to Residence Address
Information.
NOTE: Authority cited: Sections 1651 and 1810. Vehicle Code; and Section
1798.25, Civil Code. Reference: Sections 1808.21, 1808.22, 1808.23, 1810,
1810.2, 1811, and 16053, Vehicle Code. Sections 1798. 24 and 1798.26, Civil
Code;andCal.lur3d 109.
HrSTORY
1. New section filed 4-24-91; operative 5-25-91 (Register91, No. 25).
2. Change without regulatory effect renumbering former section 320.20 to section
350.20 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 320.22. Fees Required with an Application for a
Nongovernmental Requester Code.
NOTE: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section
1798.26, Civil Code. Reference: Sections 1808.21, 1808.22, 1808.23, 1810,
1810.2, 1810.7 and 1811, Vehicle Code; and Section 1798.26, Civil Code.
History
1. New section filed 4-24-91; operative 5-25-91 (Register 91, No. 25).
2. Change without regulatory effect renumbering former section 320.22 to section
350.22 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 320.24. Bond Requirements with an Application for a
Nongovernmental Requester Code.
NOTE: Authority cited: Sections 1651 and 1810. Vehicle Code; and Section
1798.26, Civil Code. Reference: Sections 1808.21, 1808.22, 1808.23, 1808.45,
1808.46, 1808.47, 1810, 1810.2, 1810.7 and 1811, Vehicle Code; Section
1798.26, Civil Code; and Section 1, Ch. 1213, Stats. 1989.
History
1. New section filed 4-24-91; operative 5-24-91 (Register 91, No. 25).
2. Change without regulatory effect renumbering former section 320.24 to section
350.24 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 320.26. Assignment of Commercial Requester Accounts,
Requester Codes, and Personnel Identification
Numbers to Nongovernmental Entities.
NOTE: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section
1798.26, Civil Code. Reference: Sections 1808.21, 1808.22, 1808.45, 1808.46,
1808.47, 1810, 1810.2, 1810.7 and 181 1, Vehicle Code; Section 1798.26, Civil
Code; and Section 1, Ch. 1213, Stats. 1989.
History
1. New section filed 4-24-91; operative 5-25-91 (Register 91, No. 25).
2. Change without regulatory effect renumbering former section 320.26 to section
350.26 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 320.28. Nongovernmental Requester Code Holder's
Request for Information.
NOTE: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section
1798.26, Civil Code. Reference: Sections 1808.21, 1808.22, 1808.23, 1808.45,
1808.46. 1808.47, 1810, 1810.2 and 181 1, Vehicle Code; Section 1798.26, Civil
Code; and Section 1, Ch. 1213, Stats. 1989.
History
1. New section filed 4-24-91; operative 5-25-91 (Register 91, No. 25).
2. Change without regulatory effect renumbering former section 320.28 to section
350.28 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 320.30. Priority for Processing Nongovernmental
Requests.
NOTE; Authority cited: Sections 1651 and 1810, Vehicle Code; and Section
1798.26, Civil Code. Reference: Sections 1810, 1810.7 and 1811, Vehicle Code;
and Section 1798.26, Civil Code.
History
1. New section filed 4-24-91; operative 5-25-91 (Register 91, No. 25).
2. Change without regulatory effect renumbering former section 320.30 to section
350.30 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 320.32. Release of Information to Commercial Requester
Account Holder.
NOTE: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section
1798.26, Civil Code. Reference: Section 1810, Vehicle Code: and Section
1798.26, Civil Code.
History
1 . New section filed 4-24-91 ; operative 5-25-91 (Register 91, No. 25).
2. Change without regulatory effect renumbering former section 320.32 to section
350.32 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 320.34. Additional Security Requirements for On-Line
Access.
NOTE: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section
1798.26, Civil Code. Reference: Sections 1810, 1810.7 and 1811, Vehicle Code;
and Section 1798.26, Civil Code.
History
1. New section filed 4-24-91; operative 5-25-91 (Register 91, No. 25).
2. Change without regulatory effect renumbering former section 320.34 to section
350.34 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 320.36. Nonpreapproved Requests for Information.
NOTE: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section
1798.26, Civil Code. Reference: Section 1798.26, Civil Code; Sections 1808.21,
1808.22, 1808.23, 1808.45, 1808.46, 1808.47, 1810, 1810.2 and 1811, Vehicle
Code; and Section 1, Ch. 1213, Stats. 1989.
History
1 . Renumbering and amendment of former section 320.06 to section 320.36 filed
4-24-9 1 ; operative 5-25-91 (Register 9 1 , No. 25). For prior history, see Regis-
ter 79, No. 34.
2. Change without regulatory effect renumbering former section 320.36 to section
350.36 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 320.38. Identification of Nonpreapproved Requesters.
NOTE: Authority cited: Section 1 798.26, Civil Code; Section 1651 , Vehicle Code.
Reference: Section 1798.26, Civil Code; Sections 1808.21, 1801.22, 1808.45,
1808.46, 1808.47, 1810, 1810.2 and 1811, Vehicle Code; Section 1, Ch. 1213,
Stats. 1989.
History
1 . Renumbering and amendment of former section 320.08 to section 320.38 filed
4-24-9 1 : operative 5-24-91 (Register 9 1 , No. 25). For prior history, see Regis-
ter 79, No. 34.
2. Change without regulatory effect renumbering former section 320.38 to section
350.38 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 320.40. Release of Information to Nonpreapproved
Requester.
NOTE: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section
1798.26, Civil Code. Reference: Sections 1808.47, 1810, 1810.7, 181 1, 1808.22
and 1 808.23, Vehicle Code; Section 1 798.26, Civil Code; Section 6255, Govern-
ment Code; and Section 1, Ch. 1213, Stats. 1989.
History
1 . New section filed 4-24-91; operative 5-25-91 (Register 91, No. 25).
2. Change without regulatory effect renumbering former section 320.40 to section
350.40 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 320.42. Use of Information.
NOTE: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section
1798.26, Civil Code. Reference: Sections 1808.21, 1808.22, 1808.45, 1808.46,
1808.47, 1810, 1810.7 and 1811, Vehicle Code; Section 1798.26, Civil Code;and
Section l,Ch. 1213, Stats. 1989.
History
1. New section filed 4-24-91; operative 5-25-91 (Register 91, No. 25).
2. Change without regulatory effect renumbering former section 320.42 to section
350.42 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 320.44. Cost of Information.
NOTE: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section
1798.26, Civil Code. Reference: Sections 1810, 1811 and 1812, Vehicle Code;
and Section 1798.26, Civil Code.
History
1. New section filed 4-24-91; operative 5-25-91 (Register 91, No. 25).
2. Change without regulatory effect renumbering former section 320.44 to section
350.44 filed 7-1 9-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
Page 26
Register 2006, No. 7; 2-17-2006
Title 13
Department of Motor Vehicles
§ 330.02
§ 320.46. Payment for Information.
NOTE: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section
1798.26, Civil Code. Reference: Sections 1810 and 181 1, Vehicle Code; and Sec-
tion 1798.26, Civil Code.
History
1. New section filed 4-24-91; operative 5-25-91 (Register 91, No. 25).
2. Change without regulatory effect renumbering former section 320.46 to section
350.46 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 320.48. Retention of Records.
NOTE: Authority cited: Section 1 798.26. Civil Code; Sections 1 65 1 and 1 8 1 0, Ve-
hicle Code. Reference: Section 1798.26, Civil Code; Sections 1808.46, 1810 and
1811, Vehicle Code.
History
1. Renumbering and amendment of former section 320.11 to section 320.48 filed
4-24-91 ; operative 5-24-91 (Reeister91, No. 25). For prior history, see Regis-
ter 79, No. 34.
2. Change without regulatory effect renumbering former section 320.48 to section
350.48 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 320.50. Inspection of Records.
NOTE: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section
1 798.26, Civil Code. Reference: Sections 1 808.46, 18 1 0 and 1 8 1 1 , Vehicle Code;
and Section 1798.26, Civil Code.
History
1. New section filed 4-14-91; operative 5-24-91 (Register 91, No. 25).
2. Change without regulatory effect renumbering former section 320.50 to section
350.50 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 320.52. Refusal, Suspension or Revocation of Requester
Codes.
NOTE: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section
1798.26, Civil Code. Reference: Sections 1808.21, 1808.22, 1808.23, 1808.45,
1808.46, 1808.47, 1810, 1810.2 and 1811, Vehicle Code; Section 1798.26, Civil
Code; and Section 1, Ch. 1213, Stats. 1989.
History
1. New section filed 4-14-91; operative 5-24-91 (Register 91, No. 25).
2. Change without regulatory effect renumbering former section 320.52 to section
350.52 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 320.53. Surrender of Records.
NOTE: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section
1798.26, Civil Code. Reference: Sections 1810, 1810.2and 1810.7, Vehicle Code;
and Section 1798.26, Civil Code.
History
1. New section filed 4-24-91; operative 5-24-91 (Register 91, No. 25).
2. Change without regulatory effect renumbering former section 320.53 to section
350.53 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 320.54. Temporary Suspension of a Requester Code.
NOTE: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section
1798.26, Civil Code. Reference: Sections 1808.21, 1808.22, 1808.45, 1808.46,
1808.47, 1810, 1810.2 and 181 1, Vehicle Code; Section 1798.26, Civil Code; and
Section 1, Ch. 1213, Stats. 1989.
History
1 . New section filed 4-24-91; operative 5-24-91 (Register 91, No. 25).
2. Change without regulatory effect renumbering former section 320.54 to section
350.54 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
Article 4.5. Registration Services
§ 330.00. Definitions.
As used in this Article, the following definitions shall apply:
(a) Branch Office. Any business location where the books and records
pertinent to the type of business are kept, other than the principal place
of business, designated as a branch office by the holder of or an applicant
for a registration service license.
(b) Client. Any person compensating a registration service for depart-
ment work performed or to be performed.
(c) Mobile Office. A motor vehicle designated as the principal place
of business or a branch office by the holder of or an applicant for a regis-
tration service license. A vehicle used solely to transport an employee or
work materials to or from a work site is not a mobile office.
(d) Principal Place of Business. The business location where the books
and records pertinent to the type of business are kept designated as the
principal place of business by the holder of or applicant for a registration
service license.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 1 1401,
1 1405 and 1 1406, Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 450.00 to section
330.00 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 330.02. Information Required on a Registration Service
Application for an Original License.
(a) A complete original application for a registration service occupa-
tional license shall be submitted to any departmental Occupational Li-
censing Inspections Office with the fee required by Section 1 1409 of the
Vehicle Code and any surcharge assessed by the department pursuant to
Section 1 1350.6(n) of the Welfare and Institutions Code.
(b) The application shall be submitted on an Application for Original
Occupational License for Registration Service (Part A), Form OL 601
(1 1/00), provided by the department. Another department-approved ver-
sion of this form with a different revision date shall be acceptable if the
content of the form is in substantial compliance with the requirements of
this section. The application shall include the following information:
(1 ) The full business name under which the registration service will do
business.
(2) When a corporation, the true full name of the corporation.
(3) Whether the business is a sole proprietorship, partnership or corpo-
ration.
(A) When a corporation, the corporation shall have been authorized by
the California Secretary of State to transact business in California.
(4) The true full name and title of the individual owner or each partner
(except limited partners) or each stockholder with 10% or more interest
in the business, and each director or officer participating in the direction,
control or management of the business. This information shall be com-
pleted on a Corporate Declaration, Form OL 107 (REV 4/02). If the
stockholder disclosed is a corporation, each stockholder with 10% or
more interest in the business must be disclosed.
(5) The address and business telephone number for the principal place
of business.
(A) The address shall be a street address and shall not be a post office
box.
(B) Licensees located outside California must designate a California
location as the principal place of business.
(6) The name, address and telephone number for the property owner
of the principal place of business.
(7) Whether the principal place of business:
(A) Is a mobile office.
(B) Is located in a residence.
(C) Meets all city and county zoning requirements.
(D) Maintains records electronically.
(8) The address and business telephone number for each branch office.
(A) The address shall be a street address and shall not be a post office
box.
(9) The name, address and telephone number for the property owner
of each branch office.
(10) Whether each branch office:
(A) Is a mobile office.
(B) Is located in a residence.
(C) Meets all city and county zoning requirements.
(D) Maintains records electronically.
(1 1) A list of all persons employed or otherwise engaged by a registra-
tion service to perform registration work which shall include:
(A) The true full name and residence address.
Page 27
Register 2006, No. 7; 2-17-2006
§ 330.04
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(B) The birth date, sex, hair color, eye color, height and weight.
(C) The driver license or identification card number and the issuing
state.
(D) The date employed.
(E) The owner shall designate those employees authorized to sign a
transaction form in lieu of the owner or management.
(F) A statement signed under penalty of perjury under the laws of the
State of California that the list contains all persons employed and that the
owner accepts full responsibility for the actions of all employees listed.
( 12) A statement signed and dated by the individual owner, all partners
or a corporate officer, which certifies under penalty of perjury under the
laws of the State of California that all the statements made on the applica-
tion and all attachments to the application are true and that the applicant
agrees to notify the department in writing, pursuant to Article 4.5 in Title
13 of the California Code of Regulations, of any change in location, own-
ership or legal structure of the business.
NOTE. Authority cited: Section 1651, Vehicle Code; and Section 1 1350.6, Wel-
fare and Institutions Code. Reference: Sections 1 1400 and 1 1401, Vehicle Code;
and Section 11350.6, Welfare and Institutions Code.
History
1 . Change without regulatory effect renumbering former section 450.02 to section
330.02 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
2. Amendment of subsections (a), (b), (b)(l 1)(E) and Note filed 3-23-95; opera-
tive 4-24-95 (Register 95, No. 12).
3. Amendment of subsections (a)-(b), (b)(4) and (b)(l 1)(A)-(F) filed 7-18-2003;
operative 8-17-2003 (Register 2003, No. 29).
§ 330.04. Additional Requirements for a Registration
Service Application for an Original License.
(a) An Application for Occupational License (Part B) Personal History
Questionnaire, Form OL 29 (9/94), provided by the department shall be
completed and submitted by each person listed in Section 330.02(b)(4)
with the application for an original license required by Section 330.02.
( 1 ) Another department-approved version of this form with a different
revision date shall be acceptable if the content of the form is in substantial
compliance with the requirements of this section.
(b) The personal history questionnaire shall contain the following in-
formation:
(1) The true full name of the applicant.
(2) The residence address of the applicant.
(3) The business and home telephone numbers of the applicant.
(4) The physical description of the applicant including sex, color of
hair, color of eyes, height, weight and birthdate.
(5) Whether or not the applicant holds a valid California driver license.
(A) When the applicant is a holder of a valid California driver license
the license number shall be provided.
(6) Any name or names the applicant has been known by or used other
than the name provided in subsection (b)(1).
(7) The experience and employment record of the applicant for the past
three years prior to the date the personal history questionnaire is signed
and dated by the applicant.
(8) Whether or not the applicant has previously been oris currently li-
censed in California as a registration service; vehicle salesperson, repre-
sentative, distributor, dealer, dismantler, manufacturer, remanufacturer,
transporter, verifier, lessor-retailer; driving school owner, operator or in-
structor; traffic violator school owner, operator or instructor; or all- ter-
rain vehicle safety training organization or instructor.
(A) When the applicant has previously been or is currently licensed as
described in subsection (b)(8), each current or previous occupational li-
cense number issued to the applicant shall be provided.
(9) Whether or not the applicant has ever had a business or occupation-
al license issued by the department or an application for such license re-
fused, revoked, suspended, or subjected to other disciplinary action or
was a partner, managerial employee, officer, director, or stockholder in
a firm licensed by the department, and the license was revoked, sus-
pended or subject to other disciplinary action.
(A) When the applicant answers yes to subsection (b)(9), the occupa-
tional license number, the type of license, the action and the date of the
action taken by the department shall be provided.
(10) Whether or not the applicant has ever had a civil judgment ren-
dered against him/her and whether or not the judgment was a result of ac-
tivity of the applicant's firm licensed by the department.
(A) When the applicant answers that the judgment was a result of ac-
tivity of the applicant's firm licensed by the department, the amount of
the judgment and whether the judgment is paid or unpaid shall be pro-
vided.
(11) Whether the applicant was ever a partner, managerial employee,
officer, director, or stockholder in a firm that had a civil judgment ren-
dered against it and whether or not the judgment was a result of the activ-
ity of the firm licensed by the department.
(A) When the applicant indicates he/she was a partner, managerial em-
ployee, officer, director, or stockholder in a firm that had a civil judgment
rendered against it and the judgment was a result of the activity of the firm
licensed by the department, the amount of the judgment and whether the
judgment is paid or unpaid shall be provided.
( 1 2) Whether or not the applicant has ever declared bankruptcy or was
a partner, managerial employee, officer, director, or stockholder in a firm
that declared bankruptcy.
(A) When the applicant indicates he/she has declared bankruptcy or
was a partner, managerial employee, officer, director, or stockholder in
a firm that declared bankruptcy, the date the bankruptcy was filed and the
name and location of the court of jurisdiction shall be provided.
(13) Whether or not the applicant has ever been convicted, placed on
probation, or released from incarceration following conviction for any
crime or offense, either felony or misdemeanor, excluding traffic of-
fenses, within the last ten years.
(A) When the applicant indicates he/she was convicted, placed on pro-
bation, or released from incarceration following conviction for any crime
or offense, either felony or misdemeanor, excluding traffic offenses,
within the last ten years, each offense shall be listed with the conviction
date, the court of jurisdiction and the disposition.
(14) A statement, signed and dated by the applicant which certifies un-
der the penalty of perjury all the answers and the information contained
in the personal history questionnaire are true and correct, and includes the
city and state where the document was executed.
(15) The social security number of the applicant.
(c) The applicant shall submit with the personal history questionnaire
a certified copy of the arresting agency report and a certified copy of the
court documents for each conviction listed pursuant to subsection
(b)(13)(A).
NOTE: Authority cited: Section 1651, Vehicle Code; and Section 11350.6, Wel-
fare and Institutions Code. Reference: 42 United States Code 405(c)(2)(C); 42
United States Code 651, et seq.; Section 11401, Vehicle Code; and Section
11350.6, Welfare and Institutions Code.
History
1 . Change without regulatory effect renumbering and amending former section
450.04 to section 330.04 filed 7-19-93 pursuant to title 1, section 100, Califor-
nia Code of Regulations (Register 93, No. 30).
2. Amendment of subsection (a), new subsections (a)(1) and (b)(15), and amend-
ment of Note filed 3-23-95; operative 4-24-95 (Register 95, No. 12).
§ 330.06. Fingerprints.
(a) Fingerprints shall be submitted by each person listed in Section
330.02(b)(4) to a Live Scan facility. A carbonized copy of the Request
For Live Scan Service, Form DMV 8016 (NEW 11/99), shall be sub-
mitted with the application for an original license as required by Section
330.02.
(b) The Request for Live Scan Service application shall contain the
following:
(1) The typed or printed name of the person fingerprinted.
(2) Any aliases used by the person fingerprinted.
(3) The birth date of the person fingerprinted.
(4) The birthplace of the person fingerprinted.
Page 28
Register 2006, No. 7; 2-17-2006
Title 13
Department of Motor Vehicles
§ 330.14
(5) The sex, height, weight, eye color and hair color of the person fin-
gerprinted.
(6) The driver license or identification card number of the person fin-
gerprinted and state of issue.
(7) The social security number of the person fingerprinted.
(8) The date the fingerprints are taken.
(9) The signature of the person taking the fingerprints.
(10) A statement that the Request for Live Scan Service, Form DMV
8016, is for the purpose of applying for a registration service license.
(1 1) The home address and telephone number of the person finger-
printed.
(c) Fingerprints are not required when the applicant is currently an oc-
cupational licensee of the department or the applicant is a prior occupa-
tional licensee of the department whose license has not lapsed more than
three years from the date of expiration.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 1 1401,
Vehicle Code; and Section 17520(d), Family Code.
History
1. Change without regulatory effect renumbering and amending former section
450.06 to section 330.06 filed 7-19-93 pursuant to title 1, section 100, Califor-
nia Code of Regulations (Register 93, No. 30).
2. Amendment of section and NOTE filed 7-18-2003; operative 8-17-2003 (Reg-
ister 2003, No. 29).
§ 330.08. Registration Service Surety Bond Requirements.
(a) Every applicant for issuance or renewal of a registration service li-
cense shall submit the bond required by Vehicle Code sections 11401 and
11402 on a Registration Service Surety Bond, form OL 605 (REV.
12/2004), which is hereby incorporated by reference. The bond shall be
subject to chapter 2 (commencing with Section 995.010), title 14, of part
2 of the Code of Civil Procedure.
(b) The name of the Principal on the surety bond shall include any and
all "Doing Business As" (DBA) names used by the Principal to conduct
business as authorized under the occupational license.
(c) The appointment of director as the agent for service of process as
required by Vehicle Code section 1 1403 shall be executed on an Ap-
pointment of Director as Agent for Service of Process, form ADM 9050
(Rev. 9/2006), which is hereby incorporated by reference.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 1185
and 1189(a), Civil Code; Section 995.010. Code of Civil Procedure; and Sections
19, 11401, 11402 and 11403, Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 450.08 to section
330.08 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
2. Amendment of section heading, section and Note filed 2-14-2006; operative
3-16-2006 (Register 2006, No. 7).
3. Amendment of subsection (c) and amendment of form ADM 9050 (incorpo-
rated by reference) filed 7-13-2007; operative 8-12-2007 (Register 2007, No.
28).
§ 330.10. Certification Required with an Application for an
Original Registration Service License.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section ] 1403,
Vehicle Code.
History
1 . Change without regulatory effect renumbering and amending former section
450. 10 to section 330.10 filed 7-19-93 pursuant to title 1, section 100, Califor-
nia Code of Regulations (Register 93, No. 30).
2. Repealer filed 2-14-2006; operative 3-16-2006 (Register 2006, No. 7).
§ 330.1 2. Temporary Permit and License Issuance and
Posting.
(a) A temporary permit may be issued to a registration service while
the department is completing its investigation and determination of all
facts relative to the licensing of a registration service when the depart-
ment receives all the items specified in Sections 330.02 through 330.10,
and after inspection and approval by the department of the principal place
of business and any branch offices included in the original application.
(1 ) A temporary permit may be issued for each business location pro-
vided there is no apparent reason for refusal of the license.
(2) Each temporary permit shall be signed by a person described in
Section 330.02(b)(4).
(3) Each business location receiving clients shall post the temporary
permit in a location visible to the public.
(A) When business is conducted at other than the principal place of
business or a branch location, any registration service employee shall
provide upon request the original or a copy of the temporary permit.
(b) A registration service occupational license shall be issued to a reg-
istration service after the department reviews the application and the De-
partment of Justice report, provided that the department determines all
the licensing requirements of Chapter 2.5 of Division 5 of the Vehicle
Code are met.
(1) A license for each business location shall be sent to the principal
place of business.
(2) Each license shall be signed by a person described in Section
330.02(b)(4).
(3) Each business location receiving clients shall post the original li-
cense in a location visible to the public.
(A) When business is conducted at other than the principal place of
business or a branch location, any registration service employee shall
provide upon request the original or a copy of the license.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 1 1400
and 11404, Vehicle Code.
History
1. Change without regulatory effect renumbering and amending former section
450.12 to section 330.12 filed 7-19-93 pursuant to title 1, section 100, Califor-
nia Code of Regulations (Register 93, No. 30).
2. Amendment of subsections (a) and (a)(1) filed 10-2-96; operative 11-1-96
(Register 96, No. 40).
§ 330.14. Renewal of a Registration Service License.
(a) Every application for the renewal of a registration service license
made by the licensee pursuant to the requirements of Section 1 1410(b)
and (c) of the Vehicle Code shall be submitted to the department with the
fee required by Section 1 1409 of the Vehicle Code and any surcharge as-
sessed by the department pursuant to Section 1 1350.6(n) of the Welfare
and Institutions Code.
(b) The renewal shall be submitted on a Registration Services License
Renewal Billing Notice, Form OL 603 (2/92), or an Application for Re-
newal, Form OL 45 (9/94) provided by the department. Another depart-
ment-approved version of either of these forms with a different revision
date shall be acceptable if the content of the form is in substantial com-
pliance with the requirements of this section. The renewal form shall in-
clude the following information:
(1) A designation as to whether the type of ownership structure is indi-
vidual owner, partnership or corporation.
(2) The names and social security numbers of all owners, including in-
dividual owners, partners or corporate officers.
(3) A current business telephone number.
(4) A certification signed under the penalty of perjury by the individual
owner, a partner or any corporate officer that the information is true and
correct.
(c) When the application for the renewal of a registration service li-
cense is not postmarked or received at the department by midnight of the
30th day following the expiration date of the license, the licensee shall
comply with all the original licensing requirements as specified in this
Article.
NOTE: Authority cited: Section 1651, Vehicle Code; and Section 11350.6, Wel-
fare and Institutions Code. Reference: 42 United States Code 405(c)(2)(C); 42
United States Code 651, et.seq.; Sections 11409 and 11410, Vehicle Code; and
Section 11350.6, Welfare and Institutions Code.
History
1 . Change without regulatory effect renumbering former section 450. 14 to section
330.1 4 filed 7-19-93 pursuant to tit\e 1 , section 100, California Code of Regu-
lations (Register 93, No. 30).
2. Amendment of subsections (a), (b), (b)(2) and Note filed 3-23-95; operative
4-24-95 (Register 95, No. 12).
Page 28.1
Register 2007, No. 28; 7-13-2007
§ 330.16
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
§ 330.16. Change of Business or Corporate Name.
(a) Prior to changing the business or corporate name of a registration
service, a request for change shall be submitted to the department for ap-
proval.
(b) The request shall be submitted on an Application for Changes to
an Occupational License for Registration Service, Form OL 600 (8/91),
provided by the department and shall include the following information:
(1) When the business name is changing, the full prior business name.
(2) The occupational license number.
(3) When the corporate name is changing, the full prior corporate
name.
(4) An indicator checked which discloses that the business or corpo-
rate name is being changed.
(5) The new business or corporate name.
(6) A statement, signed under penalty of perjury by the individual
owner, any partner or a corporate officer, certifying that the information
entered on the application is true and correct.
(c) The request shall be submitted with the following items:
(1) The fee specified in Section 1 1409 of the Vehicle Code.
(2) A copy of the meeting minutes authorizing the name change, when
a corporate name is changing.
(3) A rider to the registration service's bond tiled pursuant to Section
11402 of the Vehicle Code, reflecting the new business or corporate
name.
(A) The rider shall be completed by the surety that issued the bond cur-
rently in effect.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11402
and 1409, Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 450. 1 6 to section
330. 1 6 filed 7-1 9-93 pursuant to title 1 , section 1 00, California Code of Regu-
lations (Register 93, No. 30).
§ 330.1 8. Addition of a Branch Office or Change of
Address.
(a) Prior to adding a branch office or changing the location of the prin-
cipal place of business or any branch office, a registration service shall
submit a request to the department for approval.
(b) The request shall be submitted on an Application for Changes to
an Occupational License for Registration Service, Form OL 600 (8/91),
provided by the department and shall include the following information:
(1) The full business name.
(2) The occupational license number.
(3) When a corporation, the full corporate name.
(4) When a branch office is being added, the indicator checked which
discloses that a branch is being added, the address and telephone number
of the added branch and the name, address and telephone number of the
property owner.
(5) When an address is being changed, an indicator checked which dis-
closes whether the address change is for the principal place of business
or a branch office, the new street address and telephone number, the prior
street address and telephone number and the name, address and tele-
phone number of the property owner.
(6) Whether the added branch or the new branch location of the princi-
pal place of business or branch office:
(A) Is a mobile office.
(B) Is located in a residence.
(C) Meets all city and county zoning requirements.
(D) Maintains records electronically.
(7) A statement, signed under penalty of perjury by the individual
owner, any partner or a corporate officer, certifying that the information
entered on the application is true and correct.
(c) The request shall be submitted with the fee required by Section
11409 of the Vehicle Code.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 11409,
Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 450. 1 8 to section
330.1 8 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 330.20. Employee Changes.
(a) A registration service shall notify the department not later than ten
days after there is a deletion to the list of employees employed to perform
registration work. When adding an employee the department shall be no-
tified prior to the submission of any registration work by the employee.
The notification shall be submitted to an Occupational Licensing Inspec-
tions Office with receipt acknowledged by a licensing inspector.
(b) The notification shall be submitted on the Registration Service Ap-
plication for Employee Changes, Form OL 630 (NEW 3/26/03), and the
Field Office Registration Service Employee Listing Form, OL 607A
(NEW 3/26/03). The Registration Service Application for Employee
Changes, Form OL 630 (NEW 3/26/03) provided by the department,
shall include the following information:
(1) The full firm name.
(2) The occupational license number.
(3) When a corporation, the true full name under which the firm does
business.
(4) The business address and telephone number.
(5) The department offices to which the licensee has been assigned.
(6) When adding an employee, the date added.
(7) When deleting an employee, the date deleted.
(8) The true full name and residence address for each employee added
or deleted.
(9) The driver license or identification card number and the issuing
state for each employee added or deleted.
(10) The birth date, sex. hair color, eye color, height and weight for
each employee added or deleted.
(11) The owner shall designate if the employee added is authorized to
sign a transaction form for the owner or management.
(1 2) A statement, signed under penalty of perjury under the laws of the
State of California that the owner accepts full responsibility for the ac-
tions of all employees added and the employees added are employees of
the business and certifying the information given is true and correct.
(c) The Field Office Registration Service Employee Listing, Form OL
607 A (NEW 3/26/2003), provided by the department, shall include the
following:
(1) The full firm name.
(2) The occupational license number.
(3) The business address and telephone number.
(4) A new and complete listing of all employees authorized to submit
registration work including:
(A) The true full name.
(B) Date of birth.
(C) Driver license or identification card number.
(D) State of issuance of driver license or identification card.
(E) Whether or not the employee listed is authorized to sign for the
owner or management of the business.
(5) A statement, signed under penalty of perjury under the laws of the
State of California, that the owner, partner, or officer of the corporation
or limited liability corporation member accepts full responsibility for the
actions of all employees listed as well as those employees given authority
to sign for the owner or management and certifying the information is
true and correct.
NOTE. Authority cited: Section 1651, Vehicle Code. Reference: Section 11401,
Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 450.20 to section
330.20 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
2. Amendment filed 7-18-2003; operative 8-17-2003 (Register 2003, No. 29).
§ 330.21 . Change of Ownership.
(a) A change of registration service ownership occurs when any per-
son designated as a licensee has changed, other than a corporate officer
change as described in Section 330.22.
Page 28.2
Register 2007, No. 28; 7-13-2007
Title 13
Department of Motor Vehicles
§ 330.32
•
(1) The existing licensee of a registration service shall notify the de-
partment within 10 days prior to the effective date of a change of owner-
ship.
(b) Any person holding a registration service license shall notify the
department within 10 days prior to the effective date of a change of own-
ership.
(1) The notification shall be in writing and shall specify the effective
date of the change of ownership.
(c) When a change of registration service ownership occurs, the docu-
ments and fees required by Section 1 1409 of the Vehicle Code and Sec-
tions 330.02, 330.04, 330.06, 330.08, and 330.10 shall be submitted to
the department to apply for a new license.
(d) The provision of Sections 330.52(b) and 330.58(b), (c) and (d) for
a registration service which voluntarily goes out of business shall also ap-
ply to a registration service when a change of ownership occurs.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 11490,
Vehicle Code.
History
1. Change without regulatory effect renumbering and amending former section
450.20 to section 330.2 1 filed 7-19-93 pursuant to title 1 , section 1 00, Califor-
nia Code of Regulations (Register 93, No. 30).
§ 330.22. Change in Corporate Officer Structure.
(a) A registration service shall notify the department of a change in the
corporate structure not later than 10 days after the effective date of the
change.
(b) The notification shall be made by submitting to the department a
copy of the corporate minutes affixed with the corporate seal reflecting
the change or an Application for Changes to an Occupational License for
Registration Service, form OL 600 (8/91), provided by the department
containing the following information:
(1) The name of the corporation.
(2) The occupational license number.
(3) The true full name and title of each controlling stockholder, officer
or director of the corporation added or deleted with the date of the addi-
tion or deletion.
(4) A statement, signed under penalty of perjury by a corporate officer,
certifying that the information entered on the application is true and cor-
rect.
(c) The notification shall be submitted with the following items:
(1) The fee required by Section 1 1409 of the Vehicle Code.
(2) A completed personal history questionnaire as specified in Section
330.04, for each controlling stockholder, officer or director added to the
corporate structure.
(3) A completed fingerprint card as specified in Section 330.06, for
each controlling stockholder, officer or director added to the corporate
structure.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11401
and 1 1409, Vehicle Code.
History
1. Change without regulatory effect renumbering and amending former section
450.22 to section 330.22 filed 7-19-93 pursuant to title 1, section 100, Califor-
nia Code of Regulations (Register 93, No. 30).
§ 330.24. Signs.
(a) Each registration service shall display a sign that includes the full
name of the service as shown in departmental records at the principal
place of business or any branch office receiving clients.
(b) Each registration service shall display a sign, pursuant to subsec-
tion (a), on the office door and the on the building directory, when there
is such a directory, at the principal place of business or any branch office
receiving clients which is located in a building housing more than one
business.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 1 1401,
Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 450.24 to section
330.24 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 330.26. Advertising.
(a) Each registration service shall provide in all media of advertising
and telephone listings, the following information:
(1 ) The business name of a registration service as shown in department
records and the address of the principal place of business or a branch of-
fice, or
(2) The business name of a registration service as shown in department
records and the registration services' occupational license number issued
by the department.
(b) No registration service advertisement or statement shall indicate in
any way that a registration service can issue or guarantee the issuance of
any department documents, or imply in any way that the registration ser-
vice can influence the services of the department, affect the client's obli-
gations to the state or obtain any preferential or advantageous treatment
from the department.
(c) No registration service shall state or imply that the service can ob-
tain reduced departmental fees.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 25 and
1 1405, Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 450.26 to section
330.26 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regu-
lations (Register 93, No. 30).
2. Repealer of subsection (c) and subsection relettering filed 3-23-95; operative
4-24-95 (Register 95, No. 12).
3. Repealer of subsection (c) and subsection relettering filed 10-2-96; operative
1 1-1-96 (Register 96, No. 40).
§ 330.28. Additional Services Provided.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 505.2
and 11400, Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 450.28 to section
330.28 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
2. Repealer filed 10-29-97; operative 1 1-28-97 (Register 97, No. 44).
§ 330.30. Compensation Received by a Registration
Service.
(a) A list of the costs for work performed by a registration service for
each type of transaction shall be conspicuously posted in a place visible
to the public at each business location receiving clients.
(1) When alternative methods are used to determine costs, the list of
costs shall also contain a description of the alternative methods.
(b) When clients are not received at a business location, a copy of the
list of costs shall be provided by the registration service to each client
prior to accepting a transaction or any compensation.
(c) The list of the costs shall not include any fees due to the department.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: 11406, Vehicle
Code.
History
1 . Change without regulatory effect renumbering former section 450.30 to section
330.30 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 330.32. Submitting Fees and Documents to the
Department.
(a) The submission to a registration service by a client of fees due to
the department does not constitute receipt of the fees by the department.
(b) Whenever a registration service receives any fees due to the depart-
ment for a registration transaction, the registration service shall submit
the fees with any documents available for the registration transaction to
the department within seven departmental business days of the receipt of
the fees.
(1) Notwithstanding subsection (b) above, no registration service shall
delay submitting the fees with any documents available for the registra-
tion transaction to the department when such a delay would cause the fees
to be subject to penalty by the department, except when specifically au-
thorized by the client to delay submission, and provided that the autho-
rized delay does not cause the submission to exceed seven departmental
business days from the receipt of the fees.
Page 28.3
Register 2006, No. 7; 2-17-2006
§ 330.34
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(A) The registration service shall maintain in their records documenta-
tion of a client's authorization to delay submission of fees or documents.
(2) Fees and documents submitted by the service through the mail shall
be considered received by the department by midnight of the postmark
date.
(3) Fees and documents submitted in person during the business hours
of the department shall be considered received the same day.
(4) Fees and documents left at a departmental office after the close of
business and found upon start of business the next business day shall be
considered received by the department by midnight of the previous busi-
ness day.
(c) All transactions submitted to the department shall be submitted on
the transaction authorization agreement form as described in Title 13,
Section 330.42, California Code of Regulations, unless exempted as de-
scribed in subsection (j), (k), (/), or (m) of Section 330.32.
(d) A registration service shall submit registration work only to an of-
fice the registration service has been assigned to by the department.
(e) Registration service employees shall present their state issued driv-
er licenses and/or identification cards when requested by a department
employee. The department employee shall verify, using the list provided
by the registration service identified in Section 330.02, that the individu-
al has been identified by the licensee as an employee of the registration
service. A department office shall not process transactions submitted by
an individual not specified by the licensee as an employee of the registra-
tion service or an individual who refuses to provide identification to a de-
partment employee as described in this section.
(f) A client check made payable directly to the department shall be sub-
mitted by the registration service to the department solely for the transac-
tion^) for which the check was written.
(g) Documents submitted with missing or incomplete information
shall be returned to the registration service for completion.
(h) Except as provided under subdivision (c) of Vehicle Code Section
4466, a registration service shall not submit an application for substitute
or duplicate license plates unless the transaction is processed for a dealer
and contains a vehicle report of sale; or is submitted for a member of the
International Registration Plan (IRP) or Permanent Fleet Registration
(PFR).
(i) All transactions must be submitted on a transaction authorization
agreement as described in Section 330.42, and completed and signed by
the client and the owner or employee authorized to sign for the owner or
management identified on the employee listing described in Section
330.02(b)(ll)(E) and/or Section 330.20(b)(ll). A registration service
that is a partici pant in the Business Partner Automation Program and only
submits registration transactions electronically to the department is ex-
cluded from this requirement. A registration service submitting a trans-
action for a vehicle registered in the International Registration Plan
(IRP), Permanent Fleet Registration Program (PFR), or Permanent Trail-
er Identification Program, or a vehicle registered as special equipment is
excluded from this requirement.
(j) An information request submitted on a Registration Information
Request for Lien Sale, form INF 1 126 (REV 1/99), is excluded from the
requirements in subdivision (i) of this section.
(k) A request for authorization to conduct a lien sale submitted on an
Application for Lien Sale Authorization and Lienholder's Certification,
form REG 656 (REV 1/99), is excluded from the requirements in subdi-
vision (i) of this section.
(/) A registration service who enters into a contractual agreement with
a dealer or dismantler, vessel agent, or lessor-retailer using the Registra-
tion Transaction Authorization Agreement, Occupational Licensee/Ves-
sel Agent, Form REG 600A (New 3/26/03), is excluded from the require-
ment identified in subdivision (i) of this section, provided the agreement
is maintained in the records of the principle place of business and the
transactions are submitted on the approved listing sheet as described in
Title 1 3, Section 330.44, California Code of Regulations.
(m) Registration transaction of an identical transaction type submitted
for an individual registered owner and/or transactions submitted for a fi-
nancial institution identified as the legal owner on the certificate of title
of the vehicle may be submitted on the Transmittal of Registration Ap-
plications, Form FO 247 (REV 5/97), provided each transmittal is ac-
companied by a completed Transaction Authorization Agreement, Form
REG 600 (New 3/26/2003).
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 4466
and 11406, Vehicle Code.
History
1 . Change without regulatory effect renumbering and amending former section
450.32 to section 330.32 filed 7-19-93 pursuant to title 1, section 100, Califor-
nia Code of Regulations (Register 93, No. 30).
2. Amendment of subsections (b)(1). (b)(4), (c) and (d) and new subsections
(e)-(m) filed 7-18-2003; operative 8-17-2003 (Register 2003, No. 29).
3. Change without regulatory effect amending subsection (h) and Note filed
2-8-2005 pursuant to section 100, title 1. California Code of Regulations (Reg-
ister 2005, No. 6).
§ 330.34. Subcontracting and Responsibility.
(a) No person other than an owner or an employee of a registration ser-
vice shall perform work on a registration service transaction.
(b) The registration service initially accepting the compensation paid
by the client is responsible for all the work performed on each registration
service transaction submitted to the department.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 505.2
and 11406, Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 450.34 to section
330.34 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regu-
lations (Register 93, No. 30).
2. Amendment of subsection (a), repealer of subsection (b), subsection relettering,
and repealer of subsection (d) filed 10-2-96; operative 11-1-96 (Register 96,
No. 40).
§ 330.38. Withholding Documents or Operating Authority.
A registration service shall not claim ownership or withhold from any
client anything issued to the client by the department through the efforts
of the registration service.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 11405,
Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 450.38 to section
330.38 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 330.40. Release of Information.
A registration service shall keep confidential pursuant to Sections
1808.21, 1808.45, 1808.46 and 1808.47 of the Vehicle Code any name
and address information obtained from departmental documents or re-
cords.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 11406,
Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 450.40 to section
330.40 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 330.42. Information for Clients.
(a) In addition to the requirements of Vehicle Code Section 1 1406, for
every transaction a registration service shall complete a Registration
Transaction Authorization Agreement, Form REG 600 (New 3/26/03),
provided by the department.
(b) The authorization agreement shall include the following informa-
tion:
( 1 ) A statement that "THIS IS NOT AN OPERATING PERMIT" shall
appear in capital letters.
(2) A unique preprinted number assigned by the department.
(3) The name and occupational license number of the registration ser-
vice.
(4) The identity of each vehicle by the vehicle identification number,
year, make, type, and license plate number.
(5) The type of registration transaction.
(6) The true full name and signature of the client.
(7) The residence address and daytime telephone number of the client.
Page 28.4
Register 2006, No. 7; 2-17-2006
Title 13
Department of Motor Vehicles
§ 330.46
(8) The driver license or identification card number and state of issue
of the client.
(9) The signature of the registration service employee verifying the
identity of the client.
(10) The estimated department fees collected.
(11) The service charge (fee), total DMV fees, and date collected by
the registration service.
(12) The method of payment by the client.
(13) The printed name of the registration service employee who pre-
pared the documents included in the transaction.
(14) The name, business address, business telephone number, and sig-
nature of the registration service owner or employee authorized to sign
for the owner or management as described in Section 330.02(b)(J 1)(E)
and 330.20(b)(9).
(15) The true full name and signature of the authorized registration ser-
vice employee.
(16) A final statement of fees collected including: prior department
fees collected, additional department fees collected, total department
fees, department fees refunded, reason for refund (including dates for
each), total service fee collected, and method of payment.
(c) The authorization agreement shall be used exclusively, in numeri-
cal sequence, by the registration service to whom it was issued. It shall
not be transferred to another registration service.
(d) The agreement form shall be used by the registration service to re-
cord all transactions except those excluded by Title 13, Section 330.32,
California Code of Regulations.
(e) The authorization agreement shall be prepared in triplicate for dis-
tribution as follows:
(1) The original shall be submitted with the registration documents to
the assigned department office.
(2) The duplicate copy shall be provided to the client prior to submis-
sion of the original to the department.
(3) The triplicate copy shall remain with the firm's business records
at the principal place of business.
(f) The registration service shall maintain a record in numerical order
of each Registration Transaction Authorization Agreement, Form REG
600 (NEW 3/26/2003), issued, voided, or lost. For each agreement
voided, the record shall indicate the date voided. For each agreement or
group of agreements lost, the record shall indicate the date lost, and the
series numbers of the agreement(s). The registration service shall notify
the department in writing within 2 business days from the date of the dis-
covery of the loss. A copy of the report of loss shall be retained with the
record.
(g) Authorization agreements shall not be duplicated or reproduced for
any purpose.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 11406,
Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 450.42 to section
330.42 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
2. Repealer and new subsection (a), repealer of subsection (b), subsection reletter-
ing, and amendment of newly designated subsections (a)(1), (b) and (c) filed
10-2-96; operative 1 1-1-96 (Register 96, No. 40).
3. Amendment filed 7-18-2003; operative 8-17-2003 (Register 2003, No. 29).
§ 330.44. Listing Sheet for Transmitting Registration
Documents.
(a) Pursuant to Section 1 1406(b) of the Vehicle Code, the listing sheet
approved by the department shall be the Transmittal of Registration
Applications, Form FO 247 (REV 5/97) provided by the department.
(b) The listing sheet shall include the following information:
(1) The full business name of the principal place of business or the
branch office of the dealer or dismantler for whom the transactions are
submitted.
(2) The mailing address of the principal place of business or the branch
office of the dealer or dismantler for whom the transactions are sub-
mitted.
(3) The occupational license number of the dealer or dismantler for
whom the transactions are submitted.
(4) The occupational license number of the registration service.
(5) The printed name of the registration service representative submit-
ting the transactions.
(6) The telephone number of the dealer or dismantler for whom the
transactions are submitted.
(7) The telephone number of the registration service.
(8) Whether the department will prepare a refund check or a credit re-
ceipt for any overpayment.
(9) Whether, after processing by the department, the listing sheet and
documents will be mailed to the address in subsection (b)(2) or will be
picked up by the registration service.
(10) A list of all transactions submitted with the listing sheet which
shall be grouped by new and used vehicles and shall include for each
transaction:
(A) The vehicle identification number or the California license plate
number.
(B) The last name followed by the first initial of each buyer.
(C) The dealer report of sale number or the dismantler acquisition
number.
(D) Whether the transaction is for a new or used vehicle.
(E) The date of the sale.
(F) The amount of departmental fees collected by the dealer or regis-
tration service.
(G) The receipt number and the amount of the receipt when a credit
receipt was issued by the department for fees previously submitted for a
vehicle.
(H) The amount of cash or check submitted.
(I) The total amount of credit, cash or check submitted.
(J) The amount of the refund when a check is due.
(1 1) The signature of the registration service representative submitting
the transactions.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11406
and 11407, Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 450.44 to section
330.44 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
2. Amendment of subsection (a) and Note filed 7-18-2003; operative 8-17-2003
(Register 2003, No. 29).
§ 330.46. Incomplete Transactions.
(a) Prior to returning any incomplete transaction to a client, a registra-
tion service shall send a written request to the client for any documents,
compensation or departmental fees necessary to complete the transac-
tion.
(1) Each registration service shall retain in their business records a
copy of the written request with the date the request was sent to the client.
(2) The registration service shall allow the client a minimum of 45 days
to respond from the date the request was sent.
(A) The registration service shall indicate on the request the date by
which the client must respond.
(b) When the client fails to contact the registration service or to submit
the documents, compensation or departmental fees requested pursuant to
subsection (a) by the designated date, the registration service shall return
the incomplete transaction, including all receipts for departmental fees
paid, to the client.
(1) Each transaction shall be returned to the last known address of the
client by registered mail no later than 60 days following the date the re-
quest was sent to the client.
(2) The registration service shall retain in their business records the
date the transaction was mailed to the client.
(c) When the registered mail sent pursuant to subsection (b) is returned
unclaimed to the registration service, the transaction shall be forwarded
with the unclaimed envelope to the department' s Registration Processing
Unit, PO Box 942869, Sacramento, CA 94269-0001 , within 10 days of
the date the mail was returned unclaimed to the registration service.
Page 28.5
Register 2006, No. 7; 2-17-2006
§ 330.48
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(J ) The incomplete transaction shall be forwarded with the registration
service's name, address, and occupational license number, the reason(s)
the transaction could not be completed by the registration service, and the
date of any attempt to contact the client.
(2) The registration service shall retain in their business records the
date the transaction was returned unclaimed to the registration service
and the date the transaction was forwarded to the department.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 1 1406.5,
Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 450.46 to section
330.46 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
2. Amendment of subsections (a), (a)(2)-(b)( 1 ) and Note filed 3-23-95; operative
4-24-95 (Register 95, No. 12).
3. Amendment of subsection (a)(1) filed 7-18-2003; operative 8-17-2003 (Reg-
ister 2003, No. 29).
§ 330.48. Maintenance and Inspection of Business
Records.
(a) A registration service shall maintain the business records required
to be retained by Section 1 1406 of the Vehicle Code and Sections 330.32,
330.42 and 330.46 for four years from the date the transaction, any de-
partmental fees, or any compensation was last received from the client,
whichever is the latest date.
(b) A registration service shall maintain the business records required
to be retained by Section 1 1406 of the Vehicle Code and Sections 330.32,
330.42 and 330.46 at the principal place of business, except when the ser-
vice has branch locations, records peculiar to each branch shall be main-
tained at the appropriate branch location.
(c) Upon approval by the department, records retained pursuant to sub-
section (a) may be maintained at a business location other than as re-
quired in subsection (b), provided that:
(1) The records are over 12 months old from the date the transaction,
any departmental fees, or any compensation was last received from the
client, whichever is the latest date; and
(2) A written request is submitted to the department specifying the lo-
cation where the business records shall be maintained and granting the
department authorization to inspect the records at the specified location.
(d) All business records maintained pursuant to this section shall be
available for inspection by departmental employees at any business loca-
tion specified by the department upon one business day's notice by the
department, except as provided in Section 330.50(c)(1).
(e) The business records shall be maintained or retrievable by the
unique identifying number on each department approved transaction au-
thorization agreement form except as specified in Title 13, Section
330.32(g) and provided the listing sheet as described in Title 13, Section
330.44, California Code of Regulations, is maintained.
(f) The registration service shall ensure business records are stored and
secured in such a manner that the confidentiality of client information is
maintained.
(g) Business records that are maintained by the approved listing sheet
shall be kept in date order.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 1 1406
and 11407, Vehicle Code.
History
1. Change without regulatory effect renumbering and amending former section
450.48 to section 330.48 filed 7-19-93 pursuant to title 1, section 100, Califor-
nia Code of Regulations (Register 93, No. 30).
2. New subsections (e)-(g) filed 7-18-2003; operative 8-17-2003 (Register
2003, No. 29).
§ 330.50. Electronic Maintenance of Records.
(a) When a registration service electronically maintains any of the re-
cords required to be retained by Section 1 1406 of the Vehicle Code and
Sections 330.32, 330.42 and 330.46, it shall be indicated on the original
application required by Section 330.02.
(b) When a registration service, subsequent to the submission of the
original application to the department, initiates electronic maintenance
for any of the records required to be retained by Section 1 1406 of the Ve-
hicle Code and Sections 330.32, 330.42 and 330.46, the registration ser-
vice shall notify the department in writing not later than 10 days after be-
ginning electronic maintenance.
(1) The notification shall include the address of the principal place of
business or any branch office initiating electronic maintenance with the
effective date of the maintenance.
(c) Any registration service electronically maintaining records re-
quired to be retained by Section 1 1406 of the Vehicle Code and Sections
330.32, 330.42 and 330.46, shall provide to the department at no charge
a paper copy of the business records at any business location specified
by the department.
(1) The paper copy shall be provided upon seven business days notice
by the department.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 1 1406
and 11407, Vehicle Code.
History
1. Change without regulatory effect renumbering and amending former section
450.50 to section 330.50 filed 7-19-93 pursuant to title 1, section 100, Califor-
nia Code of Regulations (Register 93, No. 30).
§ 330.52. Registration Service Voluntarily Out of Business.
(a) When a registration service voluntarily goes out of business, the
service shall notify the department's local Division of Investigations and
Occupational Licensing office not later than the first departmental busi-
ness day after the closing date.
(1) The notification shall include the date of the last day of business
for the registration service.
(b) When a registration service voluntarily goes out of business, the
registration service shall be responsible for completing all pending trans-
actions prior to the closure of the business.
(1) When a registration service fails to complete any pending transac-
tions, the service shall notify in writing not later than the third departmen-
tal business day after the closing date all clients whose transactions were
not completed prior to closure of the business.
(A) The client notification shall include the date of the last day of busi-
ness for the registration service, a statement that all transactions pending
with the registration service are required to be delivered to the depart-
ment's local Division of Investigations and Occupational Licensing of-
fice not later than the third departmental business day following the ser-
vice' s last day of business, and the address and phone number of the local
office.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 505.2
and 11407, Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 450.52 to section
330.52 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 330.54. Refusal to Issue, Suspension, Revocation or
Cancellation of a License.
(a) In addition to the conditions specified in Sections 1 1405 and 1 1408
of the Vehicle Code, the department may suspend, revoke, or refuse to
issue a license to act as a registration service for any of the following rea-
sons:
(1) The registration service wrote a check to the department that was
thereafter dishonored when presented for payment.
(2) The registration service violated any of the provisions contained
in this Article.
(b) A registration service license may be canceled by the department
when the license was issued through error.
NOTE: Authority cited: Sections 1651, Vehicle Code. Reference: Section 1 1405
and 11408, Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 450.54 to section
330.54 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 330.56. Notices of Suspension.
(a) When a registration service license is suspended pursuant to Ve-
hicle Code Sections 1 1405 and 1 1408 or Section 330.54, it may be a con-
dition of suspension that departmental employees be allowed to post two
Page 28.6
Register 2006, No. 7; 2-17-2006
Title 13
Department of Motor Vehicles
§ 340.10
notices of suspension in places conspicuous to the public on each li-
censed location where clients are received.
(1) The notices shall remain posted until the termination of suspen-
sion.
(2) The notices shall contain the following information:
DEPARTMENT OF MOTOR VEHICLES
NOTICE OF SUSPENSION
THE REGISTRATION SERVICE LICENSE
ISSUED FOR THESE PREMISES
HAS BEEN SUSPENDED FROM
(date) THROUGH (date)
BY ORDER OF THE DEPARTMENT OF MOTOR VEHICLES
FOR VIOLATION OF THE REGISTRATION SERVICES
LICENSING LAWS
Removal of this notice prior to termination of suspension or any repre-
sentation to the effect that registration services have been suspended
for any reason other than by order of the department shall be deemed
grounds for further action.
FOR FURTHER INFORMATION CALL
(telephone number of the local investigation office).
(b) In addition to posting the notices as specified in subsection (a) and
in lieu of posting notices at those registration service locations not receiv-
ing clients, it may be a condition of suspension that the department pub-
lish a notice of suspension in any newspaper to be selected by the depart-
ment.
(1) The published notices shall contain the following information:
NOTICE OF SUSPENSION
The registration service license issued for (name of business) located at
(address of business) is suspended from (date) through (date) by order of
the Department of Motor Vehicles for violation of the registration service
licensing laws.
For further information call (telephone number of the appropriate district
investigation office).
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 11408,
Vehicle Code.
History
1. Change without regulatory effect renumbering and amending former section
450.56 to section 330.56 filed 7-19-93 pursuant to title 1, section 100, Califor-
nia Code of Regulations (Register 93, No. 30).
2. Amendment of subsections (a) and (b) filed 10-2-96; operative 1 1-1-96 (Reg-
ister 96, No. 40).
§ 330.58. Surrender of Records.
(a) When the license of a registration service is suspended or revoked
pursuant to Sections 11405 or 11408 of the Vehicle Code or Section
330.54, all records retained pursuant to Section 11406 of the Vehicle
Code and Sections 330.32, 330.42 and 330.46, any pending client trans-
actions or fees, and all department issued licenses and supplies shall be
surrendered to the department.
(1) These items shall be surrendered to the department's local Division
of Investigations and Occupational Licensing office not later than the end
of the day on which the suspension or revocation takes effect.
(b) When a registration service voluntarily goes out of business, all re-
cords retained pursuant to Section 1 1406 of the Vehicle Code and Sec-
tions 330.32, 330.42, and 330.46, any pending client transactions or fees,
and all department issued licenses and supplies shall be surrendered to
the department.
(1) These items shall be delivered to the department's local Division
of Investigations and Occupational Licensing office not later than the end
of the third business day following the last day of business for the service.
(c) The department shall provide a no fee copy of the surrendered re-
cords to the registration service not later than 30 days from the date of
surrender, provided the registration service submits a written request to
the department at the time of surrender.
(d) When any incomplete transactions which were returned to the cli-
ent pursuant to Section 330.46(b) are returned unclaimed to a registration
service after the other records have been surrendered, the procedures in
Section 330.46(c) and (c)(1) shall apply.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 1 1405
and 11408, Vehicle Code.
History
1. Change without regulatory effect renumbering and amending former section
450.58 to section 330.58 filed 7-19-93 pursuant to title 1, section 100, Califor-
nia Code of Regulations (Register 93, No. 30).
§ 330.60. Certificate of Convenience.
(a) The department may issue a certificate of convenience upon the
death of an individual owner, or a partner, or all the corporate officers of
a registration service which will allow the business of the registration ser-
vice to continue until the estate is settled providing that a certified copy
of the death certificate is filed with the department.
(b) The certificate of convenience shall be issued to the executor, ex-
ecutrix, administrator, administratrix, surviving spouse or other heir en-
titled to conduct the business of the deceased.
(c) When the estate is settled, any owner of the business shall comply
with the original licensing requirements specified in this Article.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 11401,
Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 450.60 to section
330.60 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
Article 4.6. Driving Schools and Instructors
§ 340.00. Licenses.
(a) A license to own or operate a driving school shall not include the
right to give driving instructions.
(b) A license to give driving instruction for driving schools will be lim-
ited to giving such instruction while in the employ of the driving school
named in the application. The instructor's license must be readily avail-
able in the office for each school he may represent and surrendered to the
department by the driving school when the instructor becomes inactive,
transfers to another school or when the license is expired, canceled, sus-
pended or revoked.
(c) An identification card will be issued with all driving instructor li-
censes which shall be in the possession of the licensee at all times while
accompanying a student. When an instructor becomes inactive, transfers
to another school, or the license is expired, cancelled, suspended or re-
voked, he/she shall immediately surrender to his/her employing driving
school his/her instructor's identification card. The employing driving
school is then responsible for surrendering the ID card to the department
within 30 days after such event. If an instructor fails or refuses to surren-
der the ID card, the employing driving school may so notify the depart-
ment, in writing, in lieu of satisfaction of the requirement that the school
surrender the ID card itself.
(d) A licensed instructor may transfer from one driving school to
another upon filing of the proper application with the department, pay-
ment of the required fee, and surrender of his/her instructor's identifica-
tion card, as required in (c), above. Application for such transfer must be
on file with the department on or before the effective date of the transfer.
(e) An instructor may be licensed to more than one school provided
that a written statement from each employing school operator is sub-
mitted to the department acknowledging such employment.
(f) The license to own or operate a driving school shall be prominently
displayed in the place of business of the driving school.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 1651,
11100, 11104, 11105 and 11 105.5, Vehicle Code.
History
1. Change without regulatory effect renumbering former section 400.00 to section
340.00 and amendment of article heading filed 7-19-93 pursuant to title 1, sec-
tion 100, California Code of Regulations (Register 93, No. 30).
§340.10. Applications.
All applications for licenses under Chapter 1 , Division 5 (commencing
with Section 11100) of the Vehicle Code shall be made on forms fur-
Page 28.6(a)
Register 2006, No. 7; 2-17-2006
$ 340.13
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
nished by the department. All applications for original licenses shall be
accompanied by two clear sets of fingerprints on standard fingerprint
cards. All applications for renewal of instructor licenses shall be accom-
panied by a medical examination report at least every three years. Evi-
dence of possession of a valid Medical Examiner's Certificate may be ac-
cepted in lieu of the medical examination report.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 1652,
11100, 11102. 11102.5, 11104, 11105, 11105.1 and 11105.5, Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 400.10 to section
340.10 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93. No. 30).
§ 340.13. Driving School Owner or All-Terrain Vehicle
Safety Training Organization Principal Surety
Bond Requirements.
(a) Every applicant for issuance or renewal of a driving school owner
or all-terrain vehicle safety training organization principal occupational
license shall submit the bond required by Vehicle Code section 1 1 102 on
a Driving School Owner or All-Terrain Vehicle Safety Training Orga-
nization Principal Surety Bond, form OL 218 (REV. 1 1/2004), which is
hereby incorporated by reference. The bond shall be subject to chapter
2 (commencing with Section 995.010), title 14, of part 2 of the Code of
Civil Procedure.
(b) The true, full name of the driving school owner or all-terrain ve-
hicle safety training organization principal, and any doing business as
(DBA) names under which the licensed activity is conducted, shall be en-
tered on the bond.
(c) The appointment of director as the agent for service of process re-
quired by Vehicle Code section 1 1 102(a)(5) shall be in the form required
under subdivision (c) of Section 330.08 of Title 13, California Code of
Regulations.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 995.010,
Code of Civil Procedure; and Section 1 1 102, Vehicle Code.
History
1. New section filed 2-14-2006; operative 3-16-2006 (Register 2006, No. 7).
§340.15. Insurance Requirements.
The certificate of insurance required by Vehicle Code Section 1 1 103
shall be on a form prescribed by the department. A new insurance certifi-
cate must be on file with the department before the expiration of a prior
one. An insurance certificate will not be required of those schools that of-
fer classroom instruction only.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 1652
and 11103, Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 400. 15 to section
340.15 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 340.20. Place of Business.
(a) Each applicant for licensing as a driving school owner shall desig-
nate his/her place of business or branch location(s). Upon inspection and
approval by the department, separate locations used by the school exclu-
sively as classrooms will be granted an exemption from licensing as sepa-
rate places of business.
(b) A driving school branch location is any location, other than the
principal place of business, maintained to provide driving school ser-
vices. A branch location must comply with the requirements of Sections
320 and 11102(a)(3) of the California Vehicle Code. Upon approval of
the department, the records may be maintained at another business loca-
tion, provided a written instrument is filed with the department describ-
ing such other location.
(c) A driving school's established place of business and branch loca-
tion^) shall have erected or posted thereon outdoor and/or indoor signs
or devices providing information stating the school's name, address, and
office hours. Every such sign erected or posted on an established place
of business or branch location(s) shall have an area of not less than two
square feet per side displayed unless size is restricted by building lease
agreement or local ordinance, and shall contain lettering of sufficient size
to enable the sign or device to be read from a distance of at least 50 feet
for an outdoor sign or 10 feet for an indoor sign.
(d) In the absence of the operator, the person left in charge of the office
during the posted office hours shall be fully qualified and authorized to
give pertinent information to the public concerning lessons and accounts
and to give information to any representative of the department concern-
ing the operation of the school.
(e) At least twenty-four hours notice must be given the department be-
fore any change in posted office hours.
(f) Each school shall file an application with the department accompa-
nied by the required fees for any change of address of a driving school
ten days before opening for business at any new location.
NOTE: Authority cited: Sections 1651 and 1 1 1 13, Vehicle Code. Reference: Sec-
tions 320, 1651, 11102, 11105.2 and 1 11 13, Vehicle Code.
History
1 . Chanae without regulatory effect renumberine former section 400.20 to section
340.20 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 340.25. Driver Education Courses for Minors.
(a) Any driver education course to be conducted for minors by a li-
censed driving school must be specifically approved by the department
prior to the commencement of the course.
(b) Approval for conducting driver education courses shall be contin-
gent upon the school meeting and maintaining the following require-
ments:
1. AH driver education instruction shall be conducted in a classroom
approved by the department.
2. All classroom instruction shall be taught by a licensed instructor.
3. Lesson plans must be approved by the department.
4. Each student may receive a maximum of seven (7) hours of instruc-
tion per day.
5. The schedule of classes including dates and times shall be filed with
the department before any course begins.
6. Provide a minimum of 16 sq. ft. of floor space per student.
7. Provide adequate seating and writing facilities such as desks and
chairs or tables and chairs.
8. Provide adequate lighting.
9. Have available in good working condition at least one of the follow-
ing: 1) video recorder, 2) motion picture projector, 3) slide projector, or,
4) film strip projector. The school must also have a chalk board or a mag-
netic board.
10. Use at least five (5) motion picture films, video tapes, film strips,
or slide presentations or any combination thereof approved by the depart-
ment. The total presentation(s) must provide at least 100 minutes of ac-
tual viewing time.
11. Use textbooks approved by the department and provide one book
per student participating.
NOTE: Authority cited: Sections 1651 and 1 1 1 13, Vehicle Code. Reference: Sec-
tion 11113, Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 400.25 to section
340.25 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 340.27. Certificates of Completion for Minors.
(a) Each driving school shall be held accountable for any Certificate
of Completion, forms OL 237, OL 238 and OL 239, issued to the school.
Form OL 214 used for such accounting shall be furnished by the depart-
ment. Each certificate issued shall be recorded in numerical sequence
giving the number of the certificate, the full name of the student, and the
date the certificate was issued. Whenever the school goes out of business
all such records of certificates issued shall be surrendered to the depart-
ment along with any unused certificates.
(b) Certificates of Completion shall not be issued for any minor who
does not complete the training required by Section 12814.6(a)(4)(B) of
the Vehicle Code. Upon request of a minor student withdrawing from a
course of instruction prior to completion of such course, the school shall
Page 28.6(b)
Register 2006, No. 7; 2-17-2006
Title 13
Department of Motor Vehicles
§ 342.02
issue the student a certified copy or transcript of his instructional record
which shall show the amount and type of training given.
(c) Any driving school providing the required training course to stu-
dents described in paragraph (b) of this section shall retain a copy or tran-
script of each student's record as evidence of the total hours of training
he/she has received. A Certificate of Completion may then be issued by
the driving school for each student completing the required course of in-
struction.
NOTE: Authority cited: Sections 1651 and 1 1 1 13, Vehicle Code. Reference: Sec-
tions 1652, 11108, 11113 and 12814.6, Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 400.27 to section
340.27 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
2. Change without regulatory effect amending subsections (b) and (c) and Note
filed 2-25-99 pursuant to section 100, title 1, California Code of Regulations
(Register 99, No. 9).
§ 340.30. Equipment.
(a) Passenger Vehicles. A certificate stating that each training vehicle
has been inspected and is in safe mechanical condition shall be submitted
to the department by each driving school operator before a driving school
license may be issued or renewed. Exception: Upon renewal, a new cer-
tificate may not be required if the vehicle(s) was inspected within 120
days of renewal and such certification is on file with the department. The
inspection and certificate must be completed by a person licensed to re-
pair automobiles by the Bureau of Automotive Repair or by an employee
of a repair facility licensed by the Bureau of Automotive Repair. The cer-
tificate must bear the signature and business address of the person mak-
ing the inspection. A separate certificate must be submitted for each ve-
hicle. Forms for this purpose shall be furnished by the department.
Vehicle inspection certificates will be required on all replacement or add-
ed vehicles before they may be used in driver training.
(b) Commercial Power Units — Tractors. A certificate (CHP form
407B Rev. 1-81) stating that each training vehicle has had a critical item
truck inspection and is in safe mechanical condition shall be submitted
to the department by each driving school operator before driving school
license may be issued or renewed. Further, the inspection and certificate
must be completed every ninety days by a member of the California
Highway Patrol certified to perform critical item truck inspections. A
separate certificate must be submitted for each vehicle. Critical item
truck inspection certificates will be required on all replacement or added
vehicles before they may be used in driving training.
NOTE: Authority cited: Sections 1651 and 1 1 1 13, Vehicle Code. Reference: Sec-
tions 1 1 102 and 1 1 109, Vehicle Code.
HrSTORY
1 . Change without regulatory effect renumbering former section 400.30 to section
340.30 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 340.40. Advertising.
(a) The full official name of a driving school and the address of its es-
tablished place of business or branch location(s) as shown in department
records, or the school's occupational license number shall be used in all
media of advertising and telephone anchor listings. Where a display ad-
vertisement appears in the yellow pages of the telephone directory, the
address of the driving school's established place of business may be
omitted from the display advertisement provided that,
(1) the school's address is listed in the directory's anchor listing; and
(2) the driving school's occupational license number is prominently
displayed in the advertisement in lieu of the address.
(b) No driving school advertisement shall indicate in any way that a
school can issue or guarantee the issuance of a driver's license or imply
that the school can in any way influence the department in the issuance
of a driver's license or imply that preferential or advantageous treatment
from the department can be obtained.
(c) No licensed school shall advertise that it is approved by the depart-
ment.
(d) The length of each lesson or course shall be clearly stated whenever
the cost for such lessons or course is quoted or advertised.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 11110,
Vehicle Code.
History
1 . Chanee without regulatory effect renumbering former section 400.40 to section
340.40 filed 7-19-93 pursuant to title 1 . section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 340.45. Instruction.
(a) No licensee may conduct or permit any employee to conduct be-
hind-the-wheel driving lessons in excess of two (2) hours per day for any
person seeking to satisfy the requirements of Vehicle Code Section
12814.6. Advanced driver training of over two (2) hours per day maybe
given to any such person who has completed a minimum of six (6) hours
of driver training except that no such previously unlicensed persons shall
be given more than four (4) hours of behind-the-wheel training in any
one day. Exceptions to this limitation may be granted under special cir-
cumstances with prior approval by the department.
(b) No licensee may conduct or permit any employee to conduct be-
hind-the-wheel instruction upon a highway for any person who does not
have in his immediate possession a valid instruction permit (Student Li-
cense, DL Form 1 18) or driver license.
(c) No licensee may conduct or permit any employee to conduct be-
hind-the-wheel instruction on a specific drive test route of any depart-
mental office.
NOTE: Authority cited: Sections 1651 and 1 1 113, Vehicle Code. Reference: Sec-
tions 11113 and 12814.6, Vehicle Code; and Section 51220, Education Code.
History
1 . Change without regulatory effect renumbering former section 400.45 to section
340.45 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regu-
lations (Register 93, No. 30).
2. Change without regulatory effect amending subsections (a) and (b) and Note
filed 2-25-99 pursuant to section 100, title 1, California Code of Regulations
(Register 99, No. 9).
§ 342.00. Subject Matter of Driving Instructor Training
Course.
The curriculum of any course of driving instructor training which will
receive departmental approval must include the following subject matter.
Qualifications of a Professional Driving Instructor.
First Aid Relating to Vehicle Accidents.
Teaching Techniques for Training Drivers.
The Driving Privilege, Licensing and Controls.
Rules of the Road and Civil Liability Relating to Owning and Operat-
ing Motor Vehicles.
Motor Vehicles, Equipment and Maintenance.
Physical and Mental Capabilities of Drivers.
Physical Laws Affecting the Operation of Vehicles.
Student Orientation to Motor Vehicle Features and Controls.
Teaching Driving Skills.
Teaching Defensive Driving.
NOTE: Authority cited: Sections 1651 and 11113, Vehicle Code. Reference: Sec-
tions 11102.5, 11 104 and 11 1 13, Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 40 1 .00 to section
342.00 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 342.02. Departmental Approval of Instructor Training
Course.
All textbooks, visual aids, course curriculum and lesson plans used in
instruction shall be approved by the department.
NOTE: Authority cited: Sections 1651 and 11 113, Vehicle Code. Reference: Sec-
tion 11113, Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 401 .02 to section
342.02 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
Page 28.6(c)
Register 2006, No. 7; 2-17-2006
§ 342.03
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
§ 342.03. Course Monitoring by Department.
Schools shall submit to the department their schedule of driving in-
structor training courses. Department personnel may monitor all courses
offered at any time.
NOTE: Authority cited: Sections 1651 and J 1 1 13, Vehicle Code. Reference: Sec-
tions 1651 and 11113, Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 401 .03 to section
342.03 filed 7-19-93 pursuant to title 1 , section 1 00, California Code of Regu-
lations (Register 93, No. 30).
§ 342.04. Proof of Satisfactory Completion.
Each student who successfully completes a driving instructor training
course shall be furnished with a certificate evidencing such successful
completion bearing the date on which the course was completed and the
type of training received.
NOTE: Authority cited: Sections 1651 and 11113, Vehicle Code. Reference: Sec-
tions 1 1 104 and 1 1 1 1 3, Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 401.04 to section
342.04 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 342.05. Continuing Professional Education.
In lieu of a renewal examination every three-year period as provided
in Sections 1 1 105(b)(2) and 1 1 105.1(b)(2) of the Vehicle Code, the de-
partment will accept evidence of completion within two (2) years of a
college level course equivalent to two (2) semester units. The department
will accept participation in appropriate courses and seminars as evidence
of continuing professional education. To be acceptable, such participa-
tion must consist of a minimum of eighteen (18) hours within the preced-
ing three (3) years.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11105
and 11 105.1, Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 401 .05 to section
342.05 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
DELEGATED TESTING PILOT PROGRAM
§ 343.00. Delegated Testing Pilot Program.
NOTE: Authority cited: Sections 1651 and 12507.1, Vehicle Code. Reference:
Section 12507.1, Vehicle Code.
History
1. New subheading and section filed 1-18-96 as an emergency; operative
1-18-96 (Register 96, No. 3). A Certificate of Compliance must be transmitted
to O AL by 5- 1 7-96 or emergency language will be repealed by operation of law
on the following day.
2. New subheading and section refiled 5-17-96 as an emergency; operative
5-1 7-96 (Register 96, No. 20). A Certificate of Compliance must be transmitted
to OAL by 9-1 6-96 or emergency Ian gauge will be repealed by operation of law
on the following day.
3. Certificate of Compliance as to 1-1 8-96 order transmitted to OAL 9-1 1-96 and
filed 10-18-96 (Register 96, No. 42).
4. Change without regulatory effect repealing section filed 3-5-2001 pursuant to
section 100, title 1, California Code of Regulations (Register 2001, No. 10).
§ 343.02. Requirements for Driving Schools Participating
in the Delegated Testing Pilot Program.
NOTE: Authority cited: Sections 1651 and 12507.1, Vehicle Code. Reference:
Sections 11110, 11104 and 12507.1, Vehicle Code.
History
1. New section filed 1-18-96 as an emergency; operative 1-18-96 (Register 96,
No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-96
or emergency language will be repealed by operation of law on the following
day.
2. Editorial correction of printing error in subsection (a)(10) (Register 96, No. 20).
3. New section refiled 5-17-96 as an emergency; operative 5-17-96 (Register 96,
No. 20). A Certificate of Compliance must be transmitted to OAL by 9-16-96
or emergency langauge will be repealed by operation of law on the following
day.
4. Editorial correction of subsection (a)(8) (Register 96, No. 42).
5. Certificate of Compliance as to 1-1 8-96 order, including amendment of subsec-
tions (a)(l)-(2), new subsection (a)(9) and subsection renumbering, and
amendment of newly designated subsections (a)(10), (a)(l 1) and (a)(15), trans-
mitted to OAL 9-11-96 and filed 10-18-96 (Register 96, No. 42).
6. Editorial correction of subsections (a)(4) and (a)(12) (Register 96, No. 50).
7. Change without regulatory effect repealing section filed 3-5-2001 pursuant to
section 100, title 1, California Code of Regulations (Register 2001, No. 10).
§ 343.03. Record Keeping and Reporting Requirements for
Participating Driving Schools.
NOTE: Authority cited: Sections 1651 and 12507.1, Vehicle Code. Reference:
Sections 11 1 10, "l 1 104 and 12507.1, Vehicle Code.
History
1. New section filed 1-18-96 as an emergency; operative 1-18-96 (Register 96.
No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-96
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 5-1 7-96 as an emergency; operative 5-17-96 (Register 96,
No. 20). A Certificate of Compliance must be transmitted to OAL by 9-16-96
or emergency langauge will be repealed by operation of law on the following
day.
3. Editorial correction of subsections (a)(2) and (a)(4) (Register 96, No. 42).
4. Certificate of Compliance as to 1 -1 8-96 order, including amendment of subsec-
tion (a)(4), transmitted to OAL 9-1 1-96 and filed 10-18-96 (Register 96, No.
42).
5. Change without regulatory effect repealing section filed 3-5-2001 pursuant to
section 100, title 1, California Code of Regulations (Register 2001, No. 10).
§ 343.04. Inspections, Examinations and Audits by the
Department.
NOTE: Authority cited: Sections 1651 and 12507.1, Vehicle Code. Reference:
Section 12507.1, Vehicle Code.
History
1. New section filed 1-18-96 as an emergency; operative 1-18-96 (Register 96,
No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-96
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 5-17-96 as an emergency; operative 5-17-96 (Register 96,
No. 20). A Certificate of Compliance must be transmitted to OAL by 9-16-96
or emergency langauge will be repealed by operation of law on the following
day.
3. Certificate of Compliance as to 1-1 8-96 order transmitted to OAL 9-1 1-96 and
filed 10-18-96 (Register 96, No. 42).
4. Change without regulatory effect repealing section filed 3-5-2001 pursuant to
section 100, title C California Code of Regulations (Register 2001, No. 10).
§ 343.05. Advertising the Delegated Testing Pilot Program.
NOTE: Authority cited: Sections 1651 and 12507.1, Vehicle Code. Reference:
Section 12507.1, Vehicle Code.
History
1. New section filed 1-18-96 as an emergency; operative 1-18-96 (Register 96,
No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-96
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 5-17-96 as an emergency; operative 5-17-96 (Register 96,
No. 20). A Certificate of Compliance must be transmitted to OAL by 9-16-96
or emergency langauge will be repealed by operation of law on the following
day.
3. Certificate of Compliance as to 1 -1 8-96 order transmitted to OAL 9-1 1 -96 and
filed 10-18-96 (Register 96, No. 42).
3. Certificate of Compliance as to 1-18-96 order, including amendment of subsec-
tions (a)(8), (b), (c), (c)(2) and (c)(3), transmitted to OAL 9-1 1-96 and filed
10-18-96 (Register 96, No. 42).
4. Change without regulatory effect repealing section filed 3-5-2001 pursuant to
section 100, title 1, California Code of Regulations (Register 2001, No. 10).
§ 343.06. Participant/Applicant Requirements.
NOTE: Authority cited: Sections 1651 and 12507.1, Vehicle Code. Reference:
Sections 12507, 12507.1 and 12814.6, Vehicle Code.
History
1. New section filed 1-18-96 as an emergency; operative 1-18-96 (Register 96,
No. 3). A Certificate of Compliance must be transmitted to OAL by 5-17-96
or emergency language will be repealed by operation of law on the following
day.
2. New section refiled 5-17-96 as an emergency; operative 5-17-96 (Register 96,
No. 20). A Certificate of Compliance must be transmitted to OAL by 9-16-96
or emergency langauge will be repealed by operation of law on the following
day.
3. Certificate of Compliance as to 1-1 8-96 order, including amendment of subsec-
tions (a)(8), (b), (c), (c)(2) and (c)(3), transmitted to OAL 9-1 1-96 and filed
10-18-96 (Register 96, No. 42).
4. Editorial correction of subsections (a) and (b) (Register 96, No. 50).
5. Change without regulatory effect repealing section filed 3-5-2001 pursuant to
section 100, title 1, California Code of Regulations (Register 2001, No. 10).
Page 28.6(d)
Register 2006, No. 7; 2-17-2006
Title 13
Department of Motor Vehicles
§ 344.16
STUDENT LICENSES
§344.10. Definition.
A student license permits the operation of a class C motor vehicle by
the licensee under the conditions set forth in Section 344.14 and may be
issued by a driving school authorized by the department.
NOTE: Authority cited: Sections 12660 and 12661, Vehicle Code. Reference: Sec-
tion 12660, Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 401 . 1 0 to section
344.10 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 344.12. Driving School Authorizations.
(a) A driving school currently licensed by the department and not on
probation with the department may apply to the department at its head-
quarters in Sacramento for authorization to issue student licenses.
(1) The application for authorization shall be submitted on the Appli-
cation for Authorization to Issue Student Licenses, Form OL 804 (4/89),
provided by the department and shall contain the following information:
(A) The driving school name, occupational license number and the ad-
dress of the principal place of business.
(B) A list of the names, corresponding signatures and, when applica-
ble, the occupational license number of all driving school employees des-
ignated to issue student licenses.
(C) A statement that the driving school possesses at least one device
to test the distance vision of each applicant for a student license and a de-
scription of the device.
(D) A statement that at least one employee is trained to conduct a vi-
sion test using the device described in subdivision (a)(1)(C) in order to
determine that the distance vision of each applicant for a student license
meets the vision criteria stated in Section 344.20(a)(2)(A).
(E) The signature of the driving school owner or the driving school op-
erator, the date of the signature, and a certification that the information
contained in the application is true to the best of their knowledge.
(b) If the department approves the application for authorization, a let-
ter of approval shall be sent to the driving school owner by the depart-
ment containing an authorization statement and an acknowledgment of
the persons designated in the application to issue student licenses. If the
department disapproves the request for authorization, a notice stating any
reason for the disapproval shall be sent to the driving school owner.
(c) A driving school authorized to issue student licenses shall maintain
with the department a current listing of the names and the corresponding
signatures of all driving school employees designated to issue student li-
censes.
( 1 ) Whenever an authorized driving school makes any change to its list
of employees designated to issue student licenses, the driving school
shall complete Part B of the Application for Authorization to Issue Stu-
dent Licenses, Form OL 804 (4/89), and forward the updated listing to
the department at its headquarters in Sacramento within 5 working days
of the change excluding Saturdays, Sundays and legal holidays. An em-
ployee shall not be authorized to issue student licenses pursuant to Sec-
tion 344.24 until the updated listing is forwarded by the driving school
to the department.
(2) The department shall return to the authorized driving school an ac-
knowledgment of the receipt of the updated listing.
NOTE: Authority cited: Sections 12660 and 12661, Vehicle Code. Reference: Sec-
tion 12660, Vehicle Code.
History
1. Change without regulatory effect renumbering and amending former section
401 . 12 to section 344. 1 2 filed 7-1 9-93 pursuant to title 1 , section 100, Califor-
nia Code of Regulations (Register 93, No. 30).
§ 344.14. Description of Limitations.
(a) A student license shall permit the limited operation of a class C mo-
tor vehicle by the licensee to such times as the licensee is receiving driver
training instruction at the direction and under the supervision of a li-
censed instructor in the employ of the authorized driving school which
issued the student license.
(1) The student license shall be maintained by the authorized driving
school which issued the license except at such times as the student licens-
ee is receiving driver training instruction. At such times, the student li-
cense shall be maintained in the immediate possession of the student li-
censee.
(b) A student license shall be valid for not more than one year from the
date of issuance indicated on the student license.
(c) A student license shall not be transferable from one authorized
driving school to another authorized driving school.
NOTE: Authority cited: Sections 12660 and 12661, Vehicle Code. Reference: Sec-
tion 12661, Vehicle Code.
History
I . Change without regulatory effect renumbering former section 401 . 14 to section
344.14 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§344.16. Applications.
Any person 15 years of age or older may apply to an authorized driving
school for a student license. Every applicant shall complete an applica-
tion for a student license.
(a) The student license application shall be the Application for Student
License Issued by Authorized Driving Schools, Form OL 801 (10/88),
provided by the department to the authorized driving school and shall
contain all of the following information:
(1) The applicant's true full name, birthdate, mailing address, resi-
dence address and telephone number.
(2) A brief physical description of the applicant.
(3) Whether the applicant, within the last three years, has experience,
on one or more occasions, either a lapse of consciousness or an episode
of marked confusion caused by any condition which may bring about re-
current lapses, or whether the applicant has any disease, disorder, or dis-
ability which affects ability to exercise reasonable and ordinary control
in operating a motor vehicle upon a highway.
(4) Whether the applicant is rendered incapable of safely operating a
motor vehicle because of alcoholism, excessive and chronic use of alco-
holic beverages, or addiction to, or habitual use of, any drug.
(5) Whether the applicant has had his/her driving privilege or a driver
license suspended or revoked within the last 7 years.
(6) Any other information necessary to enable the authorized driving
school to determine whether the applicant is entitled to a student license.
[The next page is 28.7.]
Page 28.6(e)
Register 2006, No. 7; 2-17-2006
Title 13
Department of Motor Vehicles
§ 344.24
•
•
(7) The applicant's certification that all information contained in the
application is true to the best of their knowledge and a declaration that
any false statement made on the application may result in the cancellation
of any student license issued.
(8) The applicant's signature and the date of the signature.
NOTE: Authority cited: Sections 12660 and 12661, Vehicle Code. Reference: Sec-
tions 12661 and 12805, Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 401 .16 to section
344.16 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
2. Amendment of first paragraph and subsection (a)(5) filed 1 1-4-94; operative
12-5-94 (Register 94, No. 44).
§ 344.18. Verification of Name and Birthdate.
(a) Upon application for a student license the driving school shall re-
quire the applicant to produce identification to ensure the name stated in
the application is the true name of the applicant, and the birthday stated
in the application is the true birthdate of the applicant.
(1) Identification to establish the true name and the true birthdate of
the applicant shall include one of the documents specified in Section
15.00 of Title 13 of the California Code of Regulations.
(b) The driving school employee verifying the true name and birthdate
of the applicant for a student license shall record upon the student license
application the type of document used for verification.
NOTE: Authority cited: Sections 1651, 12660, 12661 and 12801.5, Vehicle Code.
Reference: Sections 12661, 12800, 12801.5 and 12805, Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 401 .18 to section
344.18 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
2. Amendment of subsections (a)(1)(A) and (a)(1)(F) and repealer and new sub-
sections (a)(l)(B)-(C), (a)(1)(G) and (a)(l)(J) filed 11-4-94; operative
12-5-94 (Register 94, No. 44).
3. Amendment of subsection (a)(1), repealer of subsections (a)(l)(A)-(K), and
amendment of Note filed 3-6-97; operative 4-5-97 (Register 97, No. 10).
§ 344.20. Examinations.
(a) Upon application for a student license the authorized driving
school shall require the following examinations of the applicant:
(1) A test of the applicant's knowledge and understanding of traffic
signs and signals.
(A) The knowledge test shall be the Student License Knowledge Test,
Form OL 802 (10/88), provided by the department and shall be adminis-
tered by a licensed driving school instructor employed by the authorized
driving school. The knowledge test shall provide to the instructor infor-
mation concerning the applicant's knowledge of basic signs and signals
and rules of the road. The knowledge test shall be administered to non-
English speaking or illiterate applicants in such a manner as to provide
to the instructor the applicant's knowledge of basic signs and signals and
rules of the road.
(2) A test of the vision of the applicant.
(A) The vision test shall be administered by an employee of the autho-
rized driving school trained to conduct a test of the distance vision of the
applicant for a student license on the distance vision testing device in pos-
session of the authorized driving school. The vision test shall determine
if the applicant has distance vision of at least 20/40 in both eyes com-
bined, with at least 20/40 in the better eye and no less than 20/67 in the
weaker eye, with or without corrective lenses.
(3) A test of the hearing of the applicant.
(A) The hearing test shall be administered by an employee of the au-
thorized driving school. The hearing test shall demonstrate to the em-
ployee the applicant's ability to hear ordinary conversation with or with-
out the use of a hearing device.
(b) The results of each examination shall be noted on the student li-
cense application by the person administering the test.
NOTE: Authority cited: Sections 1 2660 and 12661, Vehicle Code. Reference: Sec-
tions 12661 and 12805, Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 401 .20 to section
344.20 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 344.22. Grounds Requiring Refusal.
(a) An authorized driving school shall not issue a student license to any
person:
(1) Who is not 15 years of age or older.
(2) Who is unable, as shown by examination, to understand traffic
signs or signals, or who is unable to read and understand simple English
used in highway traffic and directional signs.
(3) Who does not, as shown by examination, have distance vision of
at least 20/40 in both eyes combined, with at least 20/40 in the better eye
and no less than 20/67 in the weaker eye, with or without corrective
lenses.
(4) Who does not, as shown by examination, have the ability to hear
ordinary conversation, with or without the use of a hearing device.
(5) Who does not have the complete and unrestricted use of all limbs
without the assistance of any device.
(6) Who is rendered incapable of safely operating a motor vehicle be-
cause of alcoholism, excessive and chronic use of alcoholic beverages,
or addiction to, or habitual use of, any drug.
(7) Who has a disorder characterized by lapses of consciousness or
who has experienced, within the last three years, either a lapse of con-
sciousness or an episode of marked confusion caused by any condition
which may bring about recurrent lapses, or who has any physical or men-
tal disability, disease, or disorder which could affect the safe operation
of a motor vehicle.
(8) Who has evidence of a condition which may affect the ability of
the applicant to safely operate a motor vehicle.
(9) Who has had their driving privilege or a driver license suspended
or revoked within the last 7 years.
(10) Who has failed to furnish the authorized driving school the infor-
mation required in the student license application.
(11) Who is under 1 7 years and six months of age and does not provide
proof of completion of driver education, or is not simultaneously enrolled
in driver education and training.
(12) Who is under 18 years of age and does not provide a statement
signed by the parents or guardian giving permission for issuance of the
student license.
(b) Any student license applicant refused a student license for reasons
described in subdivision (a)(3) through (9) shall be referred to the depart-
ment by the authorized driving school employee refusing the student li-
cense. When an applicant is referred to the department the driving school
shall forward the student license application completed by the applicant
refused the student license to the department within 10 working days ex-
cluding Saturdays, Sundays and legal holidays of the date of application.
NOTE: Authority cited : Sections 1 2660 and 1 266 1 , Vehicle Code. Reference: Sec-
tions 12661 and 12805, Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 40 1 .22 to section
344.22 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regu-
lations (Register 93, No. 30).
2. Amendment of subsection (a)(1) and new subsections (a)(l 1) and (a)(12) filed
1 1-4-94; operative 12-5-94 (Register 94, No. 44).
§ 344.24. Issuance, Content and Disposition.
(a) When the authorized driving school determines that the applicant
is lawfully entitled to a student license, a designated employee whose
name and signature appears in the listing required by Section 344.12(c)
shall issue the Driving School Student License, Form OL 800 (10/88).
(1) The student license shall contain the following information:
(A) A unique preprinted number.
(B) A written description of the limitations of the student license in
terms of duration and use as specified in Section 344.14.
(C) The issuance date and the expiration date of the student license.
(D) The licensee's full name, birthdate and residence address.
(E) The signature of the licensee.
(F) The name and occupational license number of the authorized driv-
ing school issuing the student license.
(G) The name and the signature of the authorized driving school em-
ployee issuing the student license.
Page 28.7
Register 97, No. 10; 3-7-97
§ 344.26
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(b) Upon issuing the student license the authorized driving school em-
ployee shall verbally advise the applicant of the limitations of the student
license in terms of duration and use as specified in Section 344.14.
(c) The student license shall be prepared in quadruplicate for disposi-
tion as follows:
(1) The original shall be the Student License and shall remain in the
possession of the authorized driving school issuing the license except as
noted in Section 344.14(a)(1).
(2) The first copy shall be the Driving School Copy and shall remain
with the business records of the authorized driving school.
(3) The second copy shall be the DMV Copy and shall be forwarded
to the department at its headquarters in Sacramento within 10 working
days excluding Saturdays, Sundays and legal holidays of the issuance
dale.
(4) The third copy shall be the Receipt for Applicant and shall be is-
sued to the student licensee.
NOTE: Authority cited: Sections 12660 and 12661, Vehicle Code. Reference: Sec-
tion 12661, Vehicle Code.
History
1. Change without regulatory effect renumbering and amending former section
401 .24 to section 344.24 filed 7-19-93 pursuant to title 1, section 100, Califor-
nia Code of Regulations (Register 93, No. 30).
§ 344.26. Cancellations.
(a) A student license may be cancelled by the driving school that is-
sued the license or by the department whenever, in the opinion of either,
the safety of the student licensee or other persons requires the action. A
student license may also be cancelled by the department or by the autho-
rized driving school that issued the license when a license has been issued
through error or when the student license applicant has provided false in-
formation on the application for a student license.
(b) When an authorized driving school cancels the student license, the
reason for the cancellation, the date of the cancellation and the name of
the authorized driving school employee cancelling the student license
shall be recorded on the application for a student license. The date of the
cancellation and the name of the authorized driving school employee
cancelling the student license shall also be recorded on the original stu-
dent license. Both documents shall be forwarded together to the depart-
ment at its headquarters in Sacramento within 10 working days excluding
Saturdays, Sundays and legal holidays of the date of cancellation.
NOTE: Authority cited: Sections 12660 and 12661, Vehicle Code. Reference: Sec-
tion 12661, Vehicle Code.
History
] . Change without regulatory effect renumbering former section 401 .26 to section
344.26 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 344.28. Fees and Purchasing.
(a) The department shall charge an authorized driving school a fee of
two dollars ($2) per student license. An authorized driving school shall
not charge an applicant more than two dollars ($2) for a student license.
(b) Student licenses may be purchased by authorized driving schools
in selected department field offices in multiples of 25.
(c) Student licenses shall only be purchased by an authorized driving
school owner, operator, or employee presenting the original or a copy of
the letter of approval to issue student licenses sent to the driving school
owner by the department as specified in Section 344.12(b).
( 1 ) An authorized driving school employee who is not the owner or op-
erator shall also present a statement of permission to purchase student li-
censes on the letterhead stationary of the authorized driving school. The
statement of permission shall be signed by the driving school owner and
dated within 30 days of the current date.
(d) Student licenses purchased by an authorized driving school from
the department shall be used exclusively by the purchasing school and
shall not be sold or transferred to another school or any other entity.
NOTE. Authority cited: Sections 12660 and 12661, Vehicle Code. Reference: Sec-
tions 12660 and 12661, Vehicle Code.
History
1. Change without regulatory effect renumbering and amending former section
401 .28 to section 344.28 filed 7-1 9-93 pursuant to title 1 , section 1 00, Califor-
nia Code of Regulations (Register 93, No. 30).
§ 344.30. Forms and Accountability.
(a) All driving schools authorized to issue student licenses shall be
subject to the following provisions:
(1) Each authorized driving school shall account for any student li-
cense issued by the school on the Student License Issuance Log, Form
OL 803 (4/89) provided by the department.
(A) Each student license issued shall be recorded on the log in numeri-
cal sequence listing the number of the student license, the full name of
the licensee and the date the license was issued.
(B) Any voided student license shall be noted on the log in numerical
sequence with the notation "void." The voided license including all co-
pies and the receipt shall be forwarded to the department at its headquar-
ters in Sacramento within 10 working days excluding Saturdays, Sun-
days, and legal holidays of the date the license was voided.
(C) Any lost or stolen student license shall be noted on the log in nu-
merical sequence with the notation "lost" or "stolen." An authorized
driving school shall forward a report to the department of any lost or sto-
len student license no later than the close of business of the next working
day following the discovery of the loss or theft. The report shall contain
the number of the lost or stolen student license and the reason the license
is missing.
(b) Whenever an authorized driving school goes out of business all stu-
dent license records and any unused student licenses shall be surrendered
to the department.
NOTE: Authority cited: Sections 12660 and 12661, Vehicle Code. Reference: Sec-
tion 12661, Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 401 .30 to section
344.30 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 344.32. Records Maintenance and Confidentiality.
(a) Every owner of a driving school authorized to issue student li-
censes shall maintain at the driving school's principal place of business
the following records:
(1) Every Application for Student License Issued by Authorized Driv-
ing Schools which does not result in a referral to the department as speci-
fied in Section 344.22(b).
(2) The Driving School copy of each Driving School Student License
issued.
(3) Every Student License Issuance Log used to account for the student
licenses issued, lost, stolen or voided.
(b) The records shall be available for inspection at the principal place
of business within 10 working days of the issuance date of the student li-
cense excluding Saturdays, Sundays and legal holidays.
(c) The records shall be retained for a minimum of three years from the
issuance date of the student license and shall be open to the inspection of
the department during business hours and at all other reasonable times.
(d) All records of the authorized driving school relating to the physical
or mental condition of any student license applicant or student licensee
are for the confidential use of the authorized driving school maintaining
the records or the department and are not open to public inspection.
•
Page 28.8
Register 97, No. 10; 3-7-97
Title 13
Department of Motor Vehicles
§ 345.02
•
NOTE: Authority cited: Sections 12660 and 12661, Vehicle Code. Reference: Sec-
tion 12661, Vehicle Code.
History
1. Change without regulatory effect renumbering and amending former section
401 .32 to section 344.32 filed 7-19-93 pursuant to title 1, section 100, Califor-
nia Code of Regulations (Register 93, No. 30).
§ 344.34. Notice and Hearing.
(a) Every driving school disapproved by the department to issue stu-
dent licenses shall be entitled to a hearing upon demand in writing sub-
mitted to the department within 60 days after notice of disapproval.
(b) Every driving school authorized by the department to issue student
licenses is entitled to a notice and hearing prior to removal from the stu-
dent license program by the department.
(1) The department may, pending a hearing, temporarily remove the
authorization of any driving school to issue student licenses for a period
not to exceed 30 days if the director of the department finds that the action
is required in the public interest.
(c) The notice and hearing shall be pursuant to and governed by Chap-
ter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title
2 of the Government Code.
NOTE: Authority cited: Sections 12660 and 12661, Vehicle Code. Reference: Sec-
tions 12660 and 12661, Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 401 .34 to section
344.34 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
Article 4.7. Schools for Traffic Violators
LICENSES AND APPROVALS REQUIRED
§ 345.02. Traffic Violator School Owner.
(a) A traffic violator school owner shall be licensed by the department
before engaging and/or continuing to engage in any traffic violator
school classroom instructional activities. To obtain an owner license an
applicant shall:
(1) Meet all of the requirements of Vehicle Code Section 1 1202.
(2) Meet all of the application requirements pursuant to this section.
(b) A traffic violator school owner shall be licensed as a traffic violator
school operator before performing any of the operator duties described
in Section 345.04(d), except under the emergency provisions described
in Section 345.05.
(c) A traffic violator school owner shall be licensed as a traffic violator
school instructor before performing any of the classroom instructional
services described in Section 345.06(d).
(d) Any individual, partnership, corporation, public school, or other
public agency may apply to the department to be licensed as a traffic vio-
lator school by submitting a completed application to the department. A
completed application shall be submitted in two parts. Part I shall be sub-
mitted to the headquarters office of the department with payment of a
nonrefundable application fee of $150 and shall contain the following:
(1) Form OL 760 (Rev 4/94), Application For Traffic Violator School
(TVS) Owner License: Part I. The application form shall contain the fol-
lowing information:
(A) Information as to the type of entity making the application: corpo-
ration; partnership; sole proprietorship; public adult school, community
college; or other public agency.
(B) The proposed business name(s) under which the school will do
business, DBA (doing business as). The department shall not approve a
name which exceeds 35 spaces; which is so similar to an existing school
names so as to cause confusion to the public, courts or the department;
which includes punctuation marks, symbols or letters which are not used
in accordance with standard accepted practices of English; or which is
configured in such a manner as to give an obvious unfair business advan-
tage on a traffic violator school classroom listing. The department shall
not approve more than two names for any traffic violator school. The de-
partment shall reserve the proposed name(s), as approved, for a period
of one year from the application date.
(C) The proposed business address and telephone number, if known,
at the time of application.
(D) Information specific to the type of business entity. If a corporation,
the corporate name if different from the DBA name, the California corpo-
ration number and the name, driver license number and residence address
of each principal officer, board member and any stockholders who are
active in the management, direction or control of the corporation. If a
partnership, the partnership name if different from the DBA name, and
the name, driver license number and residence address of each general
partner. If a sole proprietorship, the name, driver license number, resi-
dence address and residence telephone number of the sole owner. If a
public school or other public educational institution, the name of the
school district, the name of the school if different from the DBA name,
and the name, driver license number and residence address of the admin-
istrator who will be in charge of the traffic violator school operation. If
another public agency, the name of the public agency, if different from
the DBA name, and the name and telephone number of the administrator
for the public agency who will be in charge of the traffic violator school
operation.
(E) The names and addresses of any other traffic violator, driving, or
mature driver schools owned or operated by any individual, partnership,
or corporation applying for ownership on the application.
(F) A statement by the applicant, signed under penalty of perjury, that
all statements made in Part I of the application and all attachments to the
application are true and correct.
(2) Form OL 29 (Rev 3/94), Application For Occupational License
(Part B) Personal History Questionaire, completed pursuant to Section
345.68 by each individual applying for ownership or as an administrator
on the application. For partnerships, this requirement extends to all gen-
eral partners. For corporations, this requirement extends to all principal
officers, board members and stockholders active in the management, di-
rection or control of the corporation. Also for corporations, form OL 754
(Rev 8/91), Certificate For All Individuals Listed On Corporate Struc-
ture, shall accompany the Personal History Questionaire and shall con-
tain: the corporation name; the business name (DBA) of the traffic viola-
tor school; information that the individual is a corporate officer, a board
member, or principal stockholder; and the individual's signature and the
date of signature.
(3) One fingerprint card, completed pursuant to Section 345.72, for
each individual who completed a Personal History Questionaire.
(4) Payment of a fingerprint processing fee, as described in Vehicle
Code Section 1668(b), for each applicant.
(5) A lesson plan, pursuant to Sections 345.30 and 345.34, for approv-
al by the department. Part I of the application shall not be considered
complete until the submitted lesson plan has been approved by the de-
partment as specified in Section 345.34, Lesson Plan Requirements. If
the department determines after evaluation that a proposed course curric-
ulum does not meet department standards for approval, the applicant
shall be notified of the reasons the course curriculum was not approved.
(A) The applicant may submit a revised course curriculum two times
for further evaluation. If, after the second revision is evaluated, the cur-
riculum is not approved, the entire application shall be disapproved.
(B) Any applicant whose application is disapproved as the result of
disapproval of the curriculum may reapply at any time by filing a new
original application and fee for owner license.
(e) The department shall notify the applicant when Part I of the appli-
cation is complete and shall provide the forms required to complete Part
II of the application. Part II of the application shall be submitted to any
department field investigation district office and contain the following:
(1) Form OL 713 (Rev 3/92), Application for Traffic Violator School
(TVS) Owner License: Part II, which shall contain the following infor-
mation:
(A) Name of individual, partnership, corporation, public school, or
public agency.
Page 28.9
Register 2008, No. 10; 3-7-2008
§ 345.04
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(B) School name (DBA) and telephone number.
(C) Business office address.
(D) Mailing address of school, if different from the business address.
A mailing address different from the school's primary business address
will only be recognized and used by the department if certification from
the post office that mail can not be delivered to the business address is
submitted with the application.
(E) Office hours and days office will be open.
(F) The date by which the office will be operational.
(G)Whether a classroom will be operated at the business-office site
and, if yes, the judicial district in which the classroom is located.
(H) If the business site is leased or rented, the property owner's name,
address and telephone number and a copy of the lease or rental agree-
ment.
(1) The name, address and telephone number of the bank where the
business account is carried, the name(s) of persons authorized to draw
funds or issue checks from the account and, if the account is not carried
under the school's DBA name, the name(s) under which the account is
carried.
(J) A statement, signed under penalty of perjury, certifying to the own-
ership structure of the business, signed by each individual named in Part
1 of the application, except that, for a corporation, it shall be signed and
the corporate seal affixed by a corporate officer authorized to sign for the
corporation.
(K) A certification statement by the applicant, signed under penalty of
perjury, that all information provided in Part II of the application and all
attachments to the application are true and correct.
(2) A surety bond or alternate security as specified in Sections 345.65
or 345.66, except as provided in Vehicle Code Section 1 1202(c), regard-
ing public schools or other public agencies.
(3) Form OL751 (Rev 7/93), Application For Traffic Violator School
(TVS) Operator License, completed pursuant to Section 345.04, or form
OL 755 (Rev 9/06), Application for Change: TVS Operator License,
completed pursuant to Section 345.22(b). An owner's license shall not
be issued until the department determines that the applicant for operator
meets the requirements for licensure.
(4) Form OL 712 (Rev 3/94), Traffic Violator School Branch Business
Office/Classroom Application, pursuant to Section 345.15, for each pro-
posed branch business office and each proposed classroom and payment
of a $70.00 nonrefundable fee for each branch business office and for
each classroom which is located at a site other than that of the proposed
principal business office or proposed branch business office.
(5) For any classroom which is located in a facility not owned by the
applicant, a copy of the lease or rental agreement specific to the applicant
school, but DBA, shall accompany the application.
(6) A completed application for at least one instructor filed in accor-
dance with Section 345.06, 345.13, or 345.26(b), whichever is applica-
ble, or at least one completed Certification/Deletion of Public School In-
structor, OL 609 (Rev 6/93), pursuant to Section 345.29, if the school is
operated by a public school. A owner's license shall not be issued until
the department determines that at least one applicant for instructor meets
the requirements for licensure or until the department determines that one
instructor for a public school meets the requirements of Section 345.29.
(7) Form(s) OL 612 (Rev 8/92), Request For Court Approval Of Traf-
fic Violator School (TVS) Name For Addition To TVS Classroom Loca-
tion List or form(s) OL 61 1 (Rev 8/92), Request For Court Approval Of
Substitute Traffic Violator School Name, for each judicial district in
which the school will be holding classes. The school shall be listed on the
TVS Classroom Location List only in those judicial districts for which
the school name has been court approved. Each form, either OL 612 or
OL 611, shall contain the following information:
(A) School name, license number (if known), judicial district, school
owner's name, school business address, school daytime telephone num-
ber, the owner's signature and the date the owner signed the form.
(B) The court's approval for use of the school name in the judicial dis-
trict and the name of the judicial district, the county in which the judicial
district is located, the court code for the judicial district, the signature of
the judge/court administrator who formalizes the approval and the date
the approval is signed.
(C) The OL 61 1 shall also contain the school name previously disap-
proved by the court.
(8) A Certificate of Appointment, Form OL 602 (Rev 4/91), completed
pursuant to Section 345.67.
(1) Part II of the application shall not be considered complete until the
primary business site and at least one classroom site have been approved
by the department as specified in Section 345.74.
(g) Upon completion of Parts I and II of the application, the department
may issue a temporary operating permit pursuant to Vehicle Code Sec-
tion 1 1210, pending completion of the department's evaluation of the
background and qualifications of the applicant, provided there is no ap-
parent reason for refusal of the license.
(h) When the department determines that the applicant meets all quali-
fications for issuance of a license, it shall issue initial owner and operator
licenses each valid for one year from the date the temporary operating
permit was issued, if issued, or one year from the date of issuance, if no
temporary operating permit was issued.
(i) If the department determines that the applicant is not qualified pur-
suant to any applicable statute or code, the department shall notify the
applicant in writing that the license is refused. The notice of refusal shall
include:
(1) The reason or basis for refusal.
(2) Information regarding the applicant's right to a hearing pursuant
to Vehicle Code Section 11211(b).
(3) If a temporary permit has been issued, notification that the tempo-
rary permit is canceled, upon receipt of the notice.
(j) An original traffic violator school owner license shall be valid for
a period of one year. A renewal license may be issued for a period of up
to two years, as described in Section 345.16(a), unless canceled, sus-
pended or revoked by the department.
NOTE: Authority cited: Sections 1651, 1665, 11202(a)(2) and 11219, Vehicle
Code. Reference: Sections 626, 626.2, 626.4, 626.6, 626.8, 1668(b), 1671, 11200,
11202, 11202.5,11204, 11206, 11208, 11210and 11211, Vehicle Code.
History
1. New section filed 10-26-94; operative 11-25-94 (Register 94, No. 43).
2. Amendment of subsection (e)(3) filed 3-7-2008; operative 4-6-2008 (Register
2008, No. 10).
§ 345.04. Traffic Violator School Operator.
(a) A traffic violator school operator shall meet the requirements of
Vehicle Code Section 1 1202.5 and be licensed by the department before
engaging in the administration or other business activities of a traffic vio-
lator school, except as provided in Vehicle Code Section 1 1 202(d), relat-
ing to public schools. As used in Vehicle Code Section 1 1 202.5(a)(4), the
term "bona fide labor organization" means an association, corporation,
partnership, federation, or other organization of any kind, or an agency
or employee representation committee or plan:
(1) in which employees of an employer participate or have the right to
participate;
(2) which is concerned with workplace grievances, labor disputes,
wages, benefits, rates of pay, hours of employment, or conditions of
work;
(3) which exists in whole or in part to accomplish any or all of such
purposes through employee representation or collective bargaining; and
(4) which is, or is affiliated with, a local, state, or national organization
or federation recognized by any local, state, or federal governmental
agency to accomplish any or all of such purposes.
(b) A traffic violator school operator license authorizes the licensee to
perform operator services only for the specific school named on the li-
cense.
(c) A traffic violator school operator may perform operator services
for more than one school; however, the operator shall possess a valid li-
cense for each school and all of the affected schools shall be fully aware
of the multiple school arrangement, as described in Section 345.11.
Page 28.10
Register 2008, No. 10; 3-7-2008
Title 13
Department of Motor Vehicles
§ 345.06
(d) A traffic violator school operator shall play a major role in the oper-
ation of the school. An operator's duties shall include, but not be limited
to: hiring, training and performance appraisal of instructors; scheduling
classes; ensuring that all classes conducted are consistent with the
school's approved curriculum; maintenance of the school's business re-
cords; and genera] operations of the traffic violator school.
(e) A traffic violator school operator shall be licensed as a traffic viola-
tor school instructor before performing any of the classroom instruction-
al services described in 345.06(d).
(f) Any individual who qualifies as an operator pursuant to Vehicle
Code Section 1 1202.5 may apply to be licensed by the department as an
operator by filing a completed application with the department at any
field investigation district office.
(g) An original operator license shall be issued to expire in conjunction
with the school owner's license. It shall be termed so that the expiration
date of the operator license shall be the same date and month as the owner
license and so that the expiration date shall not be more than 24 months
from the date of application.
(h) A completed application shall contain:
(1) A nonrefundable application fee which is based on the number of
months for which the license will be issued, as follows:
(A) If the license will be valid for 12 months, the application fee is
$100.00.
(B) If the license will be valid for 13 to 15 months, the application fee
is $112.50.
(C) If the license will be valid for 16 to 18 months, the application fee
is $125.00.
(D) If the license will be valid for 19 to 21 months, the application fee
is $137.50.
(E) If the license will be valid for 22 to 24 months, the application fee
is $150.00.
(F) If the operator application is part of an original owner's applica-
tion, the fee shall be $100.00. The expiration date shall be the same as the
first expiration date of the owner's license.
(2) An Application for Traffic Violator School (TVS) Operator Li-
cense, form OL 75 1 (Rev 7/93). This application shall contain the follow-
ing information:
(A) The name, residence address, and daytime telephone number of
the applicant.
(B) The employing school's name, address, telephone number and of-
fice hours.
(C) The name of the school owner.
(D) A statement, signed by the applicant under penalty of perjury, cer-
tifying to age and completion of teaching experience pursuant to Vehicle
Code Section 1 1202.5(a)(3) and (4) and that all of the information con-
tained on the application is true and correct.
(E) A statement, signed by the owner, certifying that the school intends
to employ the applicant as school operator when the applicant is licensed.
(3) A Personal History Questionnaire completed by the applicant pur-
suant to Section 345.68.
(4) One set of fingerprints pursuant to Section 345.72 and payment of
a fingerprint processing fee, as described in Vehicle Code Section
1668(b).
(5) Evidence from an investigation field office that the written exami-
nation was passed pursuant to Vehicle Code Section 1 1202.5(a)(2) with-
in three attempts. However, for any application for an additional operator
license the examination requirements shall be waived if the applicant has
passed the examination within twenty-four (24) months of submission
of the application.
(A) The operator examination shall be administered by the department
at any field investigation district office of the department. The operator
examination shall consist of 35 questions. A score of 30 or more correct
answers shall be passing.
(B) Any applicant who fails to pass the written examination shall be
required to wait at least one week before another examination is adminis-
tered.
(C) An applicant shall be provided the opportunity to review the writ-
ten examination taken after it has been corrected, but the review shall be
in the presence of a department employee, and the applicant shall not
copy or otherwise reproduce the examination form or any of the ques-
tions on the examination form in any manner.
(i) When the application is complete, the department shall issue a tem-
porary permit valid for a maximum of 120 days, pending department
evaluation of the applicant provided that:
( 1 ) There is no apparent reason for the application to be refused or dis-
approved.
(2) The employing school is currently licensed. If the employing
school has not yet been licensed, the operator's application shall not be
considered complete until the owner's permit or license is issued and the
operator's temporary permit or license shall not be issued until the own-
er's permit or license is issued.
(j) If the department determines that the applicant is not qualified pur-
suant to any applicable code or statute, the department shall notify the
applicant in writing that the license shall be refused. The notice of refusal
shall include:
(1) The reason or basis for the refusal to issue.
(2) Information regarding the applicant's right to a hearing upon de-
mand, pursuant to Vehicle Code Section 11211(b).
(3) If a temporary permit has been issued, notification that the tempo-
rary permit is canceled, upon receipt of the notice.
(k) Following the final review of the application, a permanent license
and identification card shall be issued to all applicants who meet the re-
quirements for licensure. The operator license shall be maintained at the
school business office; the identification card shall be used for identifica-
tion purposes by the operator. A traffic violator school operator license,
when issued, is valid for up to two years, as described in Section
345.04(g), unless suspended or revoked by the department.
NOTE: Authority cited: Sections 1651, 1665 and 1 1202(a)(2), Vehicle Code. Ref-
erence: Sections 626.6, 1 1200, 1 1202.5, 1 1204, 1 1206, 1 1208, 1 1210 and 1 121 1 ,
Vehicle Code.
History
1. New section filed 10-26-94; operative 11-25-94 (Register 94, No. 43).
2. Amendment of subsection (a) and new subsections (a)(l)-(4) filed 3-25-2002;
operative 4-24-2002 (Register 2002, No. 13).
§ 345.05. Replacement of a School Operator.
A traffic violator school shall have only one operator licensed at any
one time. If a traffic violator school's operator ceases to be licensed, or
employment as the school operator is otherwise terminated, the school
shall have thirty (30) days to comply with Vehicle Code Section 1 1202.5
by licensing a new operator. The department may authorize the owner to
act as the school's operator for a period not to exceed 30 days. A traffic
violator school shall change operators by:
(a) Notifying the headquarters office of the department in writing,
within one business day following the occurrence of the vacancy, speci-
fying the effective date of the vacancy.
(b) Surrendering the operator license of the former operator.
(c) Having a proposed new operator file an application, pursuant to
Section 345.04, 345.1 1 or 345.22, and receive a temporary permit.
NOTE: Authority cited: Sections 1651 and 11202(a)(2), Vehicle Code. Reference:
Sections 626.6, 11202.5 and 1 1208, Vehicle Code.
History
1. Repealer and new section filed 10-26-94; operative 1 1-25-94 (Register 94,
No. 43). For prior history, see Register 93, No. 30.
§ 345.06. Traffic Violator School Instructor.
(a) A traffic violator school instructor shall meet the requirements of
Vehicle Code Section 1 1206 and be licensed by the department before
engaging in traffic violator school instruction, except as provided in Sec-
tion 1 1206(c) of the Vehicle Code.
(b) A traffic violator school instructor license authorizes the licensee
to perform instructional services only for the specific school named on
the license.
(c) A traffic violator school instructor may perform instructional ser-
vices for more than one school; however, all of the affected schools, in-
Page 28.10(a)
Register 2008, No. 10; 3-7-2008
§ 345.07
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
eluding public schools or agencies, shall be fully aware of each school
employing the instructor and the instructor shall possess a valid license
for each school, except as provided in Section 1 1206(c) of the Vehicle
Code.
(d) In addition to instructional services, a traffic violator school in-
structor, including public school instaictors, shall perform the following:
(1) Ensure that the classroom standards described in Section 345.38
are maintained at all times during the entire course.
(2) Post all signs required by the department (Section 345.39(g) and
(i), and Section 1 1202(e) of the Vehicle Code) in each classroom prior
to commencing instruction.
(3) Maintain evidence of licensure at all times while performing in-
structional services. Possession of the instructor identification card, de-
scribed in Section 345.06(g), shall be sufficient to meet this requirement.
(4) Follow the school's departmental approved lesson plan at all times
while conducting the class.
(e) Any individual who qualifies as an instructor pursuant to Vehicle
Code Section 11206 may apply to be licensed by the department as an
instructor by filing a completed application with the department at any
designated field office of the department. A list of designated offices can
be obtained from the headquarters office of the department. A completed
application shall contain:
(1) A nonrefundable application fee of $30 and a $1 Family Support
Program fee under California Family Code Section 17520 for a total of
$31.
(2) An Application for Instructor's License Traffic Violator School
(TVS), form OL 710 (Rev. 9/06). This application shall contain the fol-
lowing information:
(A) The type of application, whether the application is for an Original,
Additional or Reinstatement license.
(B) The true full name, mailing address and residence address of the
applicant. If the applicant is requesting an additional license, the current
Traffic Violator School instructor license number shall be provided.
(C) The employing school's name (DBA), address, and school license
number.
(D) For Original and Reinstatement applications, a statement dated
and signed under penalty of perjury under the laws of the State of Califor-
nia certifying that the person signing the form is the owner, operator, or
designated representative of the Traffic Violator School pursuant to Title
13, Section 345.54 that will be employing the licensee named in the form,
and that the licensee named in the form has been administered and suc-
cessfully passed a written examination in accordance with Section
345.07 of Title 13 of the California Code of Regulations and Vehicle
Code section 11206.
(E) A perjury statement pursuant to Civil Code of Procedure section
2015.5 dated and signed by the owner or operator and an indication of
whether the signature is of the owner or operator.
(F) A perjury statement pursuant to Civil Code of Procedure section
2015.5 dated and signed by the applicant.
(3) A Personal History Questionnaire completed by the applicant pur-
suant to Section 345. 68, of Title 13 of the California Code of Regulations.
(4) One fingerprint card completed by the applicant pursuant to Sec-
tion 345.72 and payment of a fingerprint-processing fee, as described in
Vehicle Code Section 1668(b), for each applicant.
(f) Applications must be completed in its entirety and properly signed
pursuant to subdivision (e) of these regulations. Incomplete applications
will not be processed and will be returned to the applicant within 10 busi-
ness days with the reason why the application is incomplete.
(g) When the application is complete, the department shall issue a tem-
porary permit pursuant to Vehicle Code Section 11210, pending final re-
view of the application, provided that:
(1) There is no apparent reason for the application to be refused or dis-
approved.
(2) The employing school is currently licensed. If the employing
school has not yet been licensed, the instructor's temporary permit or li-
cense shall be issued when the owner's permit or license is issued.
(h) Following the final review of the application, a license and an iden-
tification card shall be issued to all applicants who meet the requirements
for licensure. An instructor license shall be maintained at the school busi-
ness office and the identification card shall be in the possession of the
instmctor at all times while conducting classes. A traffic violator school
instructor license, when issued, is valid for a period of three years from
the date of issuance of the temporary permit or, if no permit is issued,
from the date of issuance of the license, unless suspended or revoked by
the department.
(i) If the department determines that the applicant is not qualified, pur-
suant to any applicable statute or code, the department shall notify the ap-
plicant in writing that the license is refused. The notice of refusal shall
include:
( 1 ) The reason or basis for the refusal.
(2) Information regarding the applicant's right to a hearing, pursuant
to Vehicle Code Section 11211(b).
(3) If a temporary permit has been issued, notification that the tempo-
rary permit is canceled upon receipt of the notice.
NOTE: Authority cited: Sections 1651, 1 1202(a)(2) and 1 1219, Vehicle Code; and
Section 17520, Family Code. Reference: Sections 626.4, 1652, 11200, 11206,
11206.5, 11207, 11208, 11210 and 1 1211, Vehicle Code; Section 17520, Family
Code; and Section 2015.5, Code of Civil Procedure.
History
1. New section filed 10-26-94; operative 11-25-94 (Register 94, No. 43).
2. Amendment of subsections (e)(l)-(2), new subsection (e)(2)(A), subsection re-
lettering, amendment of newly designated subsections (e)(2)(B) and
(e)(2)(E)-(G), new subsection (e)(2)(H), amendment of subsections (e)(3)-(4)
and repealer of subsections (e)(5)-(e)(5)(C) filed 5-2-2006; operative
6-1-2006 (Register 2006, No. 18).
3. Amendment of subsection (e)(2), repealer of subsections (e)(2)(C)-(D), subsec-
tion relettering, amendment of newly designated subsections (e)(2)(E)-(F), re-
pealer of subsections (f)— (h)(3), new subsections (f)-(i)(3) and amendment of
Note filed 3-7-2008; operative 4-6-2008 (Register 2008, No. 10).
§ 345.07. Traffic Violator School Instructor Examination
Requirements.
(a) The instructor examination shall be administered by the employing
Traffic Violator School owner, operator or designated representative
pursuant to Section 345.54 of these regulations.
(b) The instructor examination shall consist of 50 questions provided
by the department. To pass the examination, the applicant must have 40
or more correct answers.
(c) An applicant who fails the examination shall be provided the op-
portunity to review the written examination, with the examiner, after it
has been corrected. Another examination may be administered the same
day or on another day.
(d) The Traffic Violator School owner, operator or designated repre-
sentative shall retain the examination taken by the student for 3 years.
(e) The Traffic Violator School owner, operator or designated repre-
sentative shall take steps to secure the examination questions and shall
not allow the questions to be copied or otherwise reproduced in any man-
ner except as required to administer the examination.
(f) The examination questions are for use solely by the Traffic Violator
School for the administration of the instructor examination and shall not
be distributed or shared with any other person.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 11206,
Vehicle Code.
History
1. New section filed 5-2-2006; operative 6-1-2006 (Register 2006, No. 18).
§ 345.08. Traffic Violator School Business Office and
Branch Business Office.
A traffic violator school business office, referred to as the primary
business office if a school has one or more branch business offices, does
not require separate licensure; however, issuance of a traffic violator
school owner license is dependent upon the business office meeting the
following requirements:
(a) The primary business office shall meet the requirements of Vehicle
Code Sections 1671(a), 11202(a)(1) and 11202(e); Section 345.50 of
these regulations; all other applicable provisions of the Vehicle Code;
Page 28.10(b)
Register 2008, No. 10; 3-7-2008
Title 13
Department of Motor Vehicles
§ 345.16
and all other applicable federal, state and local laws, ordinances and
rules.
(b) Each branch business office shall meet the same requirements as
the primary business office, except that the school's business records, as
described in Section 345.56, shall be maintained at the primary business
office. Branch records shall be transferred to the primary business office
no later than thirty (30) days following the creation of the records.
NOTE: Authority cited: Sections 1651. 1 1202(a)(2) and 11219, Vehicle Code.
Reference: Sections 320, 1671(a), 11202(a)(2). 11208(a)(2), 11212(b), 11213(b)
and 11214, Vehicle Code.
History
1 . New section filed 10-26-94; operative 1 1-25-94 (Register 94, No. 43).
§ 345.09. Traffic Violator School Classroom.
(a) A traffic violator classroom shall meet the minimum requirements
of Section 345.38 and shall be approved by the department before being
used for traffic violator school instruction.
(b) Approval for using a classroom shall be withdrawn if the minimum
requirements of Section 345.38 are not maintained.
NOTE: Authority cited: Sections 1651, 11202(a)(2) and 11219, Vehicle Code.
Reference: Sections 626.2, 1 1202(a)(4) and 11219, Vehicle Code.
History
1 . New section filed 10-26-94; operative 1 1-25-94 (Register 94, No. 43).
§ 345.10. Authorized Signatures.
NOTE: Authority cited: Sections 1651 and 11202(a)(3), Vehicle Code. Reference:
Section J 1213, Vehicle Code.
History
1. Change without regulatory effect renumbering former section 101 .10 to section
345. 1 0 filed 7-1 9-93 pursuant to title 1 , section 1 00, California Code of Regu-
lations (Register 93, No. 30).
2. Renumbering of former section 345.10 to new section 345.54 filed 10-26-94;
operative 11-25-94 (Register 94, No. 43).
ADDITIONAL LICENSE APPLICATIONS
§ 345.1 1 . Additional Operator License.
An operator shall be licensed separately for each school by which he/
she is employed in the capacity of operator. To be licensed for an addi-
tional school, the operator shall meet all requirements for an original li-
cense pursuant to Section 345.04, except for submission of a fingerprint
card. In addition to meeting the requirements for an original license pur-
suant to Section 345.04, the applicant shall submit:
(a) A letter of acknowledgment from each of the affected schools with
the application. A letter of acknowledgment shall be signed by the owner
and shall contain the following information:
(1) The school name and license number.
(2) The operator's name.
(3) The name(s) of the other school(s) which will employ the operator.
(4) A statement acknowledging that the operator will be licensed and
employed as an operator for the school(s) listed.
NOTE: Authority cited: Sections 1651, 11202(a)(2) and 11219 Vehicle Code. Ref-
erence: Sections 11202.5 and 11208, Vehicle Code.
History
1. New section filed 10-26-94; operative 11-25-94 (Register 94, No. 43).
§ 345.13. Additional Instructor License.
An instructor shall be licensed separately for each school by which he
is employed in the capacity of instructor, except as provided for in Sec-
tion 11206(c) of the Vehicle Code. To be licensed for an additional
school, the instructor shall meet all the requirements for an original li-
cense pursuant to Section 345.06, except for submission of a fingerprint
card. In addition to meeting the requirements of Section 345.06, the
applicant shall:
(a) Submit a letter of acknowledgment from each of the affected
schools with the application. A letter of acknowledgment shall be signed
by the owner, operator, administrator for a public school or agency, or
other designated representative and shall contain:
(1) The school name and license number.
(2) The instructor's name.
(3) The names of the other school(s) which will employ the instructor.
(4) A statement acknowledging that the instructor will be employed as
an instructor for the school(s) listed.
(b) Pass a written examination pursuant to Section 345.06(e)(5). This
requirement may be waived, provided that the applicant has passed the
examination in the previous three years, or has submitted evidence of de-
partment approved continuing education pursuant to Section 345.24 in
the previous three years.
NOTE: Authority cited: Sections 1651, 1665, 11202(a)(2) and 11219, Vehicle
Code. Reference: Sections 1 1206, 1 1207 and 1 1208, Vehicle Code.
History
1. New section filed 10-26-94; operative 1 1-25-94 (Register 94, No. 43).
§ 345.15. Additional Branch Offices and Classroom
Locations.
(a) A traffic violator school owner may apply to the department at any
field investigation district office to add branch business offices or
classroom locations by submitting the following for each location:
( 1 ) Traffic Violator School Branch Business Office/Classroom Appli-
cation, form OL 7 12 (Rev 10/94), which shall contain the following in-
formation:
(A) Traffic violator school name, license number, address and busi-
ness phone number.
(B) New classroom address or new branch business office and, if a new
classroom, the telephone number to be shown on the department's
classroom listing. The telephone number shall be operational at the lime
of application.
(C) Name of county or judicial district in which the new classroom or
branch office is located and, if the judicial district is one in which the
school does not now operate, the court's approval for use of the school
name in the new judicial district, on form OL 612 (Rev 8/92), Request
For Court Approval Of Traffic Violator School (TVS) Name For Addi-
tion to TVS Classroom Location List, or on form OL 61 1 (Rev 8/92), Re-
quest For Court Approval Of Substitute Traffic Violator School Name,
as described in Section 345.02(e)(7).
(D) If location is rented or leased: the property owner's name, address
and daytime telephone number; the type of facility; and a contact per-
son's name at the facility and the contact person's daytime telephone
number.
(E) The proposed date for starting classes.
(F) Self certification information for a new classroom regarding: ex-
clusive use, lighting, seating and writing facilities, square footage, maxi-
mum occupancy, maximum seating capacity, accessibility to students of
disability, accessibility of restrooms, accessibility of parking or public
transportation, consumption or advertising of alcohol on the premises,
and distance from a court.
(G) City and state in which the form is executed and date of execution.
(H) A statement signed under penalty of perjury by the owner, opera-
tor or authorized representative that the facility meets all safety regula-
tions and requirements of state law and local ordinances.
(2) A copy of a lease or rental agreement.
(3) A nonrefundable application fee of $70.
(b) The department shall notify the owner of the approval or disap-
proval of the application subsequent to the inspection of the location pur-
suant to Section 345.74.
NOTE: Authority cited: Sections 1651. 11202(a)(2) and 11219, Vehicle Code.
Reference: Sections 626.2, 11208 and 11213, Vehicle Code.
History
1. Repealer and new section filed 10-26-94; operative 11-25-94 (Register 94,
No. 43). For prior history, see Register 93, No. 30.
LICENSE RENEWALS, DUPLICATES AND CHANGES
§ 345.1 6. Renewal of Owner License.
(a) An original traffic violator school owner license shall expire one
year from the date of issuance.
(b) Branch business office and classroom licenses for each school ex-
pire at the same time as the owner license, regardless of the application
dates for the branch and classrooms. These licenses shall be renewed in
conjunction with renewal of the owner's license.
Page 28.10(c)
Register 2008, No. 10; 3-7-2008
§ 345.17
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(c) An owner shall apply to the department at its headquarters office
before the expiration date of the current license to renew the owner li-
cense by submitting the following:
(1) An Application for Renewal of Traffic Violator School (TVS)
Owner License, form OL 701 (Rev 2/94). This application shall contain
the following information:
(A) A designation as to whether the type of ownership structure is sole
proprietor, partnership, corporation, public school or other public
agency.
(B) The names, social security numbers, titles, and residence address
of all owners, partners, principle corporate officers, board members, and
stockholders active in the management, direction or control of the corpo-
ration and public school or public agency administrators.
(C) Whether any individual listed as an owner pursuant to Section
345.02 has been convicted of any crime, misdemeanor or felony, since
the expiring license was issued by the department.
(D) A statement, signed under penalty of perjury by the owner or ad-
ministrator if a public school or agency, certifying that the information
on the application is true and correct.
(2) An Application for Renewal of Traffic Violator School (TVS)
Branch/Classroom Locations, form OL 737 (Rev 2/94). This application
shall contain the following:
(A) The traffic violator school's name and license number.
(B) The traffic violator school's business office address and telephone
number.
(C) Whether classroom instruction is given at the business address.
(D) The street address and judicial district for each branch business of-
fice and for each classroom location to be renewed.
(E) A statement, signed under penalty of perjury, by the owner or the
administrator if a public school or agency, certifying that the classroom/
branch locations shown are true and correct.
(d) Renewal applications submitted on or after the expiration date of
the owner's license shall not be accepted or processed. An owner whose
license has expired shall comply with all original licensing requirements
prior to being relicensed by the department.
NOTE: Authority cited: Sections 1651, 1665, 11202(a)(2) and 11219, Vehicle
Code. Reference: 42 U.S.C. 405; Section 1 1 350.6, Welfare and Institutions Code;
and Sections 626.8, 11204 and 1 1209, Vehicle Code.
History
1. New section filed 10-26-94; operative 11-25-94 (Register 94, No. 43).
2. Amendment of subsection (a), repealer of subsections (a)(l)-(a)(2)(D) and
amendment of Note filed 12-16-2005; operative 1-1-2006 pursuant to Gov-
ernment Code section 1 1343.4 (Register 2005, No. 50).
3. Change without regulatory effect amending subsections (c)(1) and (c)(2) and
repealing subsections (c)(3)-(c)(3)(B) filed 6-29-2006 pursuant to section 1 00,
title 1 , California Code of Regulations (Register 2006, No. 26).
§345.17. Duplicate Owner License.
To replace a lost, stolen, or mutilated owner license, or identification
card, the owner shall submit to the department a nonrefundable fee of $1 5
and an Application For Traffic Violator School Change of DBA, Addi-
tional DBA, Change of Business Address or Duplicate License, form OL
736 (Rev 2/94), completed to contain the following information:
(a) The owner's name.
(b) The school's current DBA name, TVS license number and busi-
ness telephone number.
(c) The date the license or identification card was lost, stolen or muti-
lated.
(d) Whether the license or identification card was lost, stolen or muti-
lated.
(e) Whether the lost, stolen or mutilated document was the license, the
identification card, or both.
(f) A statement, signed under penalty of perjury by the applicant, that
the information on the application is true and correct.
NOTE: Authority cited: Sections 1651, 11202(a)(2), 11208(a)(4) and 11219, Ve-
hicle Code. Reference: Sections 1 1208(a)(4), Vehicle Code.
History
1. New section filed 10-26-94; operative 11-25-94 (Register 94, No. 43).
§345.18. Changes to Owner License.
(a) A traffic violator school may apply to change its business name
(DBA) or add a DBA as follows:
(1) Submit, to the headquarters office of the department, a written re-
quest for name approval. A business name is subject to department ap-
proval pursuant to Section 345.02(d)(1)(B).
(2) If the proposed name is approved by the department, the depart-
ment shall notify the school within ten (10) days following approval or
disapproval of the proposed name. The department shall reserve the pro-
posed name as approved for the school for a period of one year from the
date of request for approval.
(3) After receipt of department approval of the proposed name, the
traffic violator school shall submit, to the headquarters office of the de-
partment, the following:
(A) An Application For Traffic Violator School Change of DBA, Ad-
ditional DBA or Change of Business Address, form OL 736 (Rev 2/94),
which shall contain the owner's name(s), the proposed business name
and judicial districts for which the name will be used, the telephone num-
ber of the school's primary business office, and the traffic violator school
license number. The application shall also contain a statement, signed
under penalty of perjury by the owner or administrator if a public school
or agency certifying that the information contained on the application is
true and correct.
(B) A rider to the traffic violator school's bond filed pursuant to Ve-
hicle Code Section 1 1202(a)(3), reflecting the new or additional business
name.
(C) A nonrefundable application fee of $70, except that there shall be
no fee to change a school business name for a licensed school if evidence
is submitted with the application that the existing name was disapproved
by a court pursuant to Vehicle Code Section 1 1205(d).
(D) Form(s) OL 612 (Rev 8/92) or form(s) OL 61 1 (Rev 8/92) pursuant
to Section 345.02(e)(7).
(4) The school shall continue to do business under its current name un-
til notified in writing by the department that the application has been ap-
proved and until the license reflecting the new name is received from the
department.
(5) If achange of DBA is approved by the department, the revised li-
cense shall not be sent to the school unless the new TVS Classroom Loca-
tion List reflecting the new DBA is sent to the courts, if the school is add-
ing a DBA, the revised license will be sent to the school when the
application is complete and approved.
(6) Within 30 days of receipt of the new owner license, the school op-
erator and all licensed instructors employed by the school shall apply to
the department to change the school name on their licenses to reflect the
new school name, pursuant to Sections 345.22(a) and 345.26(a).
(7) Any operator or instructor who fails to make application in the new
school name within the prescribed thirty (30) day period will be consid-
ered to be unlicensed and unable to perform operator or instructor duties
until a new license is obtained.
(b) A traffic violator school may apply to change its primary business
location as follows:
(1) Submit, to any field investigation district office of the department,
a nonrefundable fee of $70 and an Application For Traffic Violator
School Change of DBA, Additional DBA or Change of Business Ad-
dress, form OL 736 (Rev 2/94), which shall contain the following infor-
mation:
(A) The owner's name(s).
(B) The school name.
(C) Telephone number of the school's primary business office.
(D) The traffic violator school's license number.
(E) The new street address of the business office.
(F) The new mailing address of the business office if different from the
street address. A mailing address different from the school's primary
business address shall only be recognized and used by the department if
certification from the post office that mail can not be delivered to the
business address is included with the application.
Page 28.10(d)
Register 2008, No. 10; 3-7-2008
Title 13
Department of Motor Vehicles
§ 345.22
(G) Former business address.
(H) If the school does not own the property, the name and telephone
number of the property owner.
(1) Whether classroom instruction will be offered at this location.
(J) The date that the location will be operationally complete and ready
for inspection pursuant to Section 345.74.
(K) Copy of lease or rental agreement.
(L) A certification, signed under penalty of perjury, by the owner or
other authorized individual, that the information contained on the appli-
cation is true and correct to the best of his or her knowledge.
(2) The department shall notify the applicant in writing when the loca-
tion is approved for use or disapproved pursuant to Section 345.74.
(c) A traffic violator school shall notify the department within 10 days
of any change in corporate officer structure by submitting, to the head-
quarters office of the department, a $70 nonrefundable application fee,
a personal history questionnaire for each officer and/or director being
added to the corporate structure pursuant to Section 345.68, one set of
fingerprints for each officer and/or director being added to the corporate
structure pursuant to Section 345.72, and payment of a fingerprint pro-
cessing fee as described in Vehicle Code Section 1 668(b), for each appli-
cant, and either:
(1) A certified copy of the corporate minutes reflecting the change or
(2) A Certification of Corporate Officers and/or Directors of Lieu of
Corporate Minutes, form OL 15 (Rev 5/94), which shall contain the fol-
lowing information:
(A) The name of the corporation's secretary, the name of the corpora-
tion and the state in which incorporated.
(B) A list of all officers and/or directors being deleted from the corpo-
rate structure.
(C) A list of all officers and/or directors being added to the corporate
structure.
(D) A current list of the officer and/or directors in the corporate struc-
ture.
(E) The effective date of the change(s).
(F) The business telephone number.
(G) A certification that the information contained on the OL 15 is tme
and correct, signed and dated by the secretary for the corporation.
(d) A traffic violator school shall notify the department in writing at
its headquarters of any other changes to the information contained on the
Application for Traffic Violator School (TVS) Owner License or of any
change of telephone numbers within 10 days of the change.
NOTE. Authority cited: Sections 1651, 1665, 11202(a)(2) and 11219, Vehicle
Code. Reference: Sections 1 1204, 11208 and 1 1213, Vehicle Code.
History
1. New section filed 10-26-94; operative 1 1-25-94 (Register 94, No. 43).
§ 345.20. Renewal of Operator License.
(a) The term of a renewal license shall be two (2) years and the renewal
fee shall be $100.00, unless the department notifies the operator at least
sixty (60) days prior to renewal that the renewal license shall be issued
for a term of less than two (2) years to align the expiration dates of the
owner and operator licenses. The nonrefundable fee for renewal for any
period less than two (2) years is as follows:
(1) $50.00 if the license is termed to expire in 12 months.
(2) $62.50 if the license is termed to expire 13 to 15 months.
(3) $75.00 if the license is termed to expire 16 to 18 months.
(4) $87.50 if the license is termed to expire 19 to 21 months.
(5) $100.00 if the license is termed to expire 22 to 24 months.
(b) An operator shall renew the operator license by submitting, to any
field investigations office of the department, appropriate fees and an
Application for Renewal of Traffic Violator School Operator License,
form OL 756 (Rev 2/94). This application shall contain the following in-
formation:
(1) The name, address, driver license number, social security number,
and daytime telephone number of the applicant.
(2) The employing school's name and license number.
(3) Whether the applicant has been convicted, fined, or placed on pro-
bation for any crime, misdemeanor or felony, since issuance of the last
license.
(4) A statement, signed under penalty of perjury by the applicant, certi-
fying that the information contained on the application is true and correct.
(5) A statement, signed under penalty of perjury by the school owner,
certifying that the applicant shall be employed by the school as operator.
(6) Evidence from an investigation filed office that the written exami-
nation was passed as required by Section 11202.5(a)(2) of the Vehicle
Code, unless the operator has passed the written examination within the
past 24 months.
(c) Renewal applications submitted on or after the expiration date of
the operator license shall not be accepted or processed. An operator
whose license has expired shall comply with all original licensing re-
quirements as described in Section 345.04 prior to being relicensed by
the department.
NOTE: Authority cited: Sections 1651, 1665, 11202(a)(2) and 11219, Vehicle
Code. Reference: 42 U.S.C. 405; Section 1 1 350.6. Welfare and Institutions Code;
and Sections 626.6, 1 1202.5, 1 1204 and 1 1208, Vehicle Code.
History
1. Renumbering of former section 345.20 to section 345.38 and new section filed
10-26-94; operative 11-25-94 (Register 94, No. 43). For prior history, see
Register 93, No. 30.
§ 345.21 . Duplicate Operator License.
To replace a lost, stolen, or mutilated operator license, or identification
card, the operator shall submit to the department a nonrefundable fee of
$15 and an Application For Change: TVS Operator License, form OL
755 (Rev 9/06), completed to contain the following information:
(a) The name, residence address, and daytime telephone number of the
operator.
(b) The operator's driver license number.
(c) The operator's license number and expiration date of the license.
(d) The date the license or identification card was lost, stolen or muti-
lated.
(e) The license number of the traffic violator school for which the li-
cense was issued.
(f) Whether the license or identification card was lost, stolen or muti-
lated.
(g) Whether the lost, stolen or mutilated document was the license, the
identification card, or both.
(h) A perjury statement pursuant to Civil Code of Procedure section
2015.5 dated and signed by the applicant.
NOTE: Authority cited: Sections 1651, 11202(a)(2) and 11219, Vehicle Code.
Reference: Sections 1 1202.5 and 1 1208, Vehicle Code; and Section 2015.5, Code
of Civil Procedure.
History
1. New section filed 10-26-94; operative 11-25-94 (Register 94, No. 43).
2. Amendment of first paragraph, repealer and new subsection (h) and amendment
of Note filed 3-7-2008; operative 4-6-2008 (Register 2008, No. 10).
§ 345.22. Changes to Operator License.
A request for change to an operator license shall be submitted to an in-
vestigation field office of the department, as follows:
(a) When a traffic violator school changes its name, or adds a DBA,
or changes the school address, the school operator's license shall also be
changed to reflect the new school name or address. To change the school
name or address on an operator license, the operator shall submit the cur-
rent operator license and an Application For Change: TVS Operator Li-
cense, form OL 755 (Rev 9/06) along with a nonrefundable fee of $15,
except that there shall be no fee if the existing name was disapproved by
a court pursuant to Section 11205(h) of the Vehicle Code. For a change
of school name or address, the application shall contain the following in-
formation:
(1) The name, residence address and daytime telephone number of the
operator.
(2) The operator's driver license number.
(3) The operator's license number and expiration date of the license.
(4) The new school name.
(5) The school's license number and current address.
Page 28.10(e)
Register 2008, No. 10; 3-7-2008
§ 345.23
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(6) The former school name or address.
(7) A perjury statement pursuant to Civil Code of Procedure section
2015.5 dated and signed by the applicant.
(b) An operator may transfer an operator license to another school by
submitting to the department:
(1) The current identification card.
(2) An Application For Change: TVS Operator License, form OL 755
(Rev 9/06). which shall contain the following information:
(A) The name, residence address, and telephone number of the opera-
tor.
(B) The operator's driver license number.
(C) The operator's license number and expiration date of the license.
(D) The name, license number, and address of the new school.
(E) The name and license number of the former school.
(F) A statement, signed by the owner of the new school, requesting the
department to issue the operator a license for the new school.
(G) A perjury statement pursuant to Civil Code of Procedure section
2015.5 dated and signed by the applicant.
(3) A nonrefundable transfer fee based on the expiration date of the
new license. The expiration date of a transferred operator license shall be
changed to coincide with the new school's owner license expiration. In
the event that this change would extend the expiration date of the existing
operator license more than 12 months, or results in an expiration date
more than 24 months from the issuance of the original or renewal license;
the operator shall be required to renew the license in addition to the trans-
fer. The transfer fee in such cases shall be $15.00 plus a fee pursuant to
Section 345.20 for renewal. The fee for transfer of an operator license
shall be $15.00 if the new license shall expire less than 30 days after the
expiration date of the license being surrendered for transfer or if the new
license shall expire before the license being surrendered. If the new li-
cense issued expires 30 days or more after the prior expiration date, the
fee for transfer shall be $15.00 plus a fee based on the number of months
the term of the license is extended, as follows:
(A) If the new expiration date extends the term of the license for 30
days to 3 months, the additional fee shall be $12.50.
(B) If the new expiration date extends the term of the license for 4
months to 6 months, the additional fee shall be $25.00.
(C) If the new expiration date extends the term of the license for 7
months to 9 months, the additional fee shall be $37.50.
(D) If the new expiration date extends the term of the license for 10
months to 1 2 months, the additional fee shall be $50.00.
(c) If an operator changes his or her name, the department shall issue
an operator license in the new name. The operator shall submit an Appli-
cation For Change: TVS Operator License, form OL 755 (Rev 9/06), and
a nonrefundable $15 application fee to the department. The OL 755 shall
contain the following information:
( 1 ) The new name, residence address, and telephone number of the op-
erator.
(2) The operator's driver license number.
(3) The operator's license number and expiration date of the license.
(4) The operator's former name.
(5) A perjury statement pursuant to Civil Code of Procedure section
2015.5 dated and signed by the applicant.
NOTE: Authority cited: Sections 1651, 1665, 11202(a)(2). and 11219, Vehicle
Code. Reference: Sections 1652, 1665, 11202.5, 1 1208 and 11213, Vehicle Code;
and Section 2015.5, Code of Civil Procedure.
History
1. New section filed 10-26-94; operative 1 1-25-94 (Register 94, No. 43).
2. Amendment of section and Note filed 3-7-2008; operative 4-6-2008 (Register
2008, No. 10).
§ 345.23. Renewal of Instructor License.
(a) An instructor shall renew the instructor license by submitting a
completed application to any specifically designated department field of-
fice before the expiration date of the current license. A list of designated
offices is available at the department's headquarters office. A completed
application shall consist of:
(1) A nonrefundable $30.00 application fee.
(2) An Application for Renewal of Traffic Violator School Instructor
License, form OL 740 (Rev 2/94). This application shall contain the fol-
lowing information:
(A) The name, address, driver license number, driver license expira-
tion date, social security number, and daytime telephone number of the
applicant.
(B) The employing school's name and license number.
(C) Whether the applicant has been convicted, fined, or placed on pro-
bation for any crime, misdemeanor or felony, in the past three years.
(D) A statement, signed by the applicant under penalty of perjury, cer-
tifying that the information contained on the application is true and cor-
rect.
(E) A statement, signed by the school owner, operator or administrator
under penalty of perjury, certifying that the applicant shall be employed
by the school as an instructor.
(3) Evidence from a field office that a written examination was passed
within three attempts pursuant to Vehicle Code Section 1 1 206(a)(2), or
evidence of continuing education pursuant to Section 345.24 or a state-
ment that the applicant has passed a written examination within the past
three years. Such statement shall be verified by the field office by calling
the headquarters office of the department.
(b) Renewal applications submitted on or after the expiration date of
the instructor license shall not be accepted or processed. An instructor
whose license has expired shall comply with all original licensing re-
quirements, as described in Section 345.06, prior to being licensed by the
department.
NOTE: Authority cited: Sections 1651, 11202(a)(2) and 11219, Vehicle Code.
Reference: 42 U.S.C. 405; Section 1 1350.6, Welfare and Institutions Code; and
Sections 11206, 1 1207 and 11208, Vehicle Code.
History
1. New section filed 10-26-94; operative 11-25-94 (Register 94, No. 43).
§ 345.24. Continuing Professional Education.
(a) In lieu of a renewal examination every three-year period as pro-
vided in Section 11207(c)(2) of the Vehicle Code, the department shall
accept either evidence of completion of a college level course in traffic
safety, equivalent to two (2) semester units, or evidence of participation
in traffic safety seminars, consisting of a minimum of eighteen hours,
within the preceding three (3) years, as evidence of continuing profes-
sional education.
(b) In order to qualify a college level course for substitution for the
written examination, the applicant shall submit the following directly to
the department at its headquarters office no later than 60 days prior to the
license expiration date:
(1) A copy of the college transcript or training certificate showing
completion of the course to be qualified.
(2) A synopsis of the content of the course.
(3) The department shall advise the applicant in writing of either ac-
ceptance or rejection of the course within 15 days of receipt of the re-
quired documentation. If approved, the applicant shall submit the ap-
proval letter with the completed renewal application to any designated
field office in accordance with Section 345.23(a)(3).
(c) In order for a course provider to qualify a traffic safety course or
seminar for continuing education credits, the provider shall submit a re-
quest for approval in writing to the department at its headquarters office
a minimum of 60 days prior to conducting the course. The request shall
include the following:
(1) A description of the subject matter of the traffic safety course or
seminar, by segment or class.
(2) The actual dates and times of each traffic safety course or seminar,
including the duration of each segment, break and lunch period. Traffic
safety courses or seminars shall be approved for credit towards the re-
quired 18 hours at the rate of one hour of credit per hour of actual traffic
Page 28.10(f)
Register 2008, No. 10; 3-7-2008
Title 13
Department of Motor Vehicles
§ 345.28
safety related instruction. No credit shall be allowed for instruction time
spent on unrelated subject matter.
(3) The department will advise the provider in writing of the accep-
tance, partial acceptance or rejection of the course or seminar within 15
days of receipt of the required documentation.
(4) Upon completion of a qualifying course or seminar, a roster identi-
fying the attendees shall be submitted to the department at its headquar-
ters office by the course provider no later than the 10th day following the
course completion date. The roster shall include a statement to be signed
by the provider certifying under penalty of perjury that all attendees satis-
factorily completed the designated number of hours of training.
(5) The provider of the training course shall also provide a document
to each attendee which certifies that the individual completed an ap-
proved traffic safety related course which specifies the actual hours com-
pleted, the date(s) of the course, and names the specific segment(s) or
class(es) completed. The applicant shall submit the completion certifi-
cate issued by the provider with the completed instructor renewal appli-
cation to any designated field office in accordance with Section
345.23(a)(3).
NOTE: Authority cited: Sections 1651, 11202(a)(2) and 11219, Vehicle Code.
Reference: Section 1 1207(c)(2), Vehicle Code.
History
1. Renumbering and amendment of former section 345.25 to new section 345.24
filed 10-26-94; operative 11-25-94 (Register 94, No. 43).
§ 345.25. Duplicate instructor License.
To replace a lost, stolen, or mutilated instructor license or identifica-
tion card, the instructor shall submit to the department a nonrefundable
fee of $15 and an Application For Change: TVS Instructor License, form
OL 711 (Rev 6/93), completed to contain the following information:
(a) The name, residence address, and telephone number of the instruc-
tor.
(b) The instructor's driver license number and expiration date.
(c) The instructor's license number and expiration date of the licence.
(d) The date the license or identification card was lost, stolen or muti-
lated.
(e) The license number of the traffic violator school for which the li-
cense was issued.
(f) Whether the license or identification card was lost, stolen or muti-
lated.
(g) Whether the lost, stolen, or mutilated document was the wall li-
cense, identification card or both.
(h) A statement, signed under penalty of perjury by the applicant, that
the information on the application is true and correct.
NOTE: Authority cited: Sections 1651, 11202(a)(2) and 11219, Vehicle Code.
Reference: Sections 1 1200, 1 1206, 1 1207 and 1 1208, Vehicle Code.
History
1 . Renumbering of former section 345.25 to section 345.24 and new section filed
10-26-94; operative 11-25-94 (Register 94, No. 43). For prior history, see
Register 93, No. 30.
§ 345.26. Changes to Instructor Licenses.
Any request for change to an instructor license shall be submitted to
the headquarters office of the department as follows:
(a) When a traffic violator school changes its business name, or adds
a DBA, the school's instructor licenses shall also be changed to reflect
the new business name. To change the school name on an instructor li-
cense, the instructor shall submit to the department the current identifica-
tion card, an Application For Change: TVS Instructor License, form OL
71 1 (Rev 6/93), and a nonrefundable fee of $15, except that there shall
be no fee if the existing name was disapproved by a court pursuant to Sec-
tion 11205(h) of the Vehicle Code. For a change of school name, the
application shall contain the following information:
(1) The name, residence address and daytime telephone number of the
instructor.
(2) The instructor's driver license number and expiration date.
(3) The instructor's license number and expiration date of the license.
(4) The new school name.
(5) The school's license number and current address.
(6) The former school name.
(7) A statement, signed by the applicant under penalty of perjury, that
the information on the application is true and correct.
(b) An instructor may transfer his instructor license to another school
for the remainder of the license term by submitting to the department a
nonrefundable application fee of $15 along with the current identifica-
tion card and an Application For Change: TVS Instructor License, form
OL 71 1 (Rev 6/93), which contains the following:
(1 ) The name, residence address, and telephone number of the instruc-
tor.
(2) The instructor's driver licence number and expiration date.
(3) The instructor's license number and expiration date of the license.
(4) The name, license number, and address of the new school.
(5) The name and license number of the former school.
(6) A statement, signed under penalty of perjury by the owner or other
designated representative of the new school, requesting the department
to issue the instructor a license for the new school.
(7) A statement, signed by the applicant under penalty of perjury, that
the information on the application is correct.
(c) If an instructor changes his or her name, the department shall issue
an instructor license in the new name. The instructor shall submit the cur-
rent identification card, an Application For Change: TVS Instructor Li-
cense, form OL 711 (Rev 6/93), and a nonrefundable $15 application fee
to the department. The OL 711 shall contain the following information:
(1) The new name, residence address, and telephone number of the in-
structor.
(2) The instructor's driver license number and expiration date.
(3) The instructor's license number and expiration date of the license.
(4) The instructor's former name.
(5) A statement, signed by the applicant under penalty of perjury, that
the information on the application is true and correct.
NOTE: Authority cited: Sections 1651, 11202(a)(2) and 11219, Vehicle Code.
Reference: Sections 11200, 11206, 11207, 11208 and 11213, Vehicle Code.
History
1. New section filed 10-26-94; operative 11-25-94 (Register 94, No. 43).
PUBLIC SCHOOLS/PUBLIC AGENCIES
§ 345.27. Seasonal Closure of Public Schools.
A public school that offers traffic violator school classes shall not be
required to comply with Section 345.40(b) regarding monthly submis-
sion of schedules, Section 340(e) regarding scheduling and offering a
minimum of one class per location in a judicial district, or Section
345.50(a)(1) or (2) regarding minimum office hours, during the time that
the entire public school is closed to the public provided that:
(a) the school offers classes only at the public school facility
(b) the school notifies the department of the closure 60 days in advance
(c) the school closure does not exceed two months in any twelve month
period.
NOTE: Authority cited: Sections 1651, 11202(a)(2) and 11219, Vehicle Code.
Reference: Sections 11213, 11215.5 and 1 1219, Vehicle Code.
History
1. New section filed 10-26-94; operative 11-25-94 (Register 94, No. 43).
§ 345.28. Change of Administrator— Public
Schools/Agencies.
When the administrator of a public school, other public educational in-
stitution or other public agency traffic violator school program changes,
the school/agency shall report the change to the headquarters office of the
department within five (5) business days of the change. The school/agen-
cy shall be allowed thirty (30) days to select a new administrator and have
that administrator file an Application For Traffic Violator (TVS) Admin-
istrator Change, form OL 757 (Rev 12/91); pay a nonrefundable fee of
$70.00; supply one set of the new administrator's fingerprints, pursuant
to Section 345.72, and payment of a fingerprint processing fee, as de-
scribed in Vehicle Code Section 1668(b); and submit a Personal History
Page 28.10(g)
Register 98, No. 18; 5 - 1 - 98
§ 345.29
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
Questionnaire, form OL 29 (Rev 3/94), pursuant to Section 345.68. The
application shall contain the following information:
(a) The name of the school/agency and the DBA name, if different
from the school/agency name.
(b) The business address and telephone number of the school/agency
and the mailing address, if different from the business address.
(c) The name of the new administrator.
(d) The name of the former administrator.
(e) The effective date of the administrator change.
(f) The driver license number, the residence address and the business
telephone number of the new administrator.
(g) A statement, signed by the new administrator under penalty of per-
jury, that he/she is the administrator and that all information on the appli-
cation is true and correct.
NOTE: Authority cited: Sections 1651, 1 1202(a)(2) and 11219, Vehicle Code.
Reference: Sections 11204, 11208 and 11213. Vehicle Code.
History
1. New section filed 10-26-94; operative 11-25-94 (Register 94, No. 43).
§ 345.29. Certification and Deletion of Instructors.
(a) An instructor conducting classes for a public school or other public
educational institution shall not be required to be licensed pursuant to
Section 1 1206(c) of the Vehicle Code, provided that the department de-
termines that the instructor has a valid teaching credential and sufficient
background or training in traffic safety. The public school shall provide
the department with the information necessary for this determination by
submitting a Certification/Deletion of Public School Instructor, form OL
609 (Rev 6/93), for each instructor at least 1 5 days prior to the instructor
conducting a traffic violator school course. The OL 609 shall be com-
pleted to include the following information:
(1) The name of the public provider and the DBA name, if different
from the name of the public school or other public educational institution.
(2) The address of the public provider and its traffic violator school li-
cense number.
(3) The name and residence address of the added instructor.
(4) The instructor's driver license number and expiration date.
(5) The effective date of employment.
(6) Evidence that the instructor has a valid teaching credential. Evi-
dence shall be a copy of the credential attached to form OL 609 (Rev
6/93).
(7) Whether the instructor is employed at any other traffic violator
school(s) and, if so, identification of the other school(s). A letter of ac-
knowledgment from each of the affected schools shall be attached to the
Certification/Deletion of Public School Instructor. A letter of acknowl-
edgment shall be signed by the owner, operator, administrator if a public
school or agency, or other designated representative and shall contain:
(A) The school name and license number.
(B) The instructor's name.
(C) The names of the other school(s) which will employ the instructor.
(D) A statement acknowledging that the instructor will be employed
as an instructor for the school(s) listed.
(8) A description of the traffic safety background of the instructor
which indicates how and when the instructor obtained traffic safety expe-
rience.
(9) A statement, signed under penalty of perjury by the instructor, that
the information provided on or attached to the form is true and correct.
(10) A statement, signed under penalty of perjury by the traffic violator
school administrator, that the information provided on or attached to the
form is true and correct.
(b) If the department determines, based upon the information sub-
mitted on or attached to the OL 609, that the instructor is not qualified to
instruct traffic violator school courses pursuant to Vehicle Code Section
11206(c), the department shall notify the public provider of the disap-
proval within 10 days of receipt of the OL 609, specifying the reason(s)
for the disapproval.
(c) Whenever an instmctor for a traffic violator school operated by a
public school or other public educational institution ceases to be a traffic
school instructor, the public provider shall notify the headquarters office
of the department within ten (10) days following cessation by submitting
a Certification/Deletion of Public School Instructor, form OL 609 (Rev
6/93) completed to include the following information:
(1) The name of the public provided and the DBA name, if different
from the name of the public school or other public educational institution.
(2) The address of the public provider and its traffic violator school li-
cense number.
(3) The name of the deleted instructor and the instructor's driver li-
cense number.
(4) The date the instructor ceased to instruct traffic school classes.
(5) A statement, signed under penalty of perjury by the traffic violator
school administrator, that the information provided on or attached to the
form is true and correct.
(d) For any instructor conducting classes for a public school or other
public education institution prior to the effective date of this section, the
public school shall be required, not later than 90 days after the effective
date, to submit an OL 609 to the department completed to include the in-
formation required by subdivision (a)(1) through (5) and (a)(9) and (10).
No other verification shall be required.
NOTE: Authority cited: Sections 1651, 11202(a)(2) and 11219, Vehicle Code.
Reference: Section 1 1206(c), Vehicle Code.
History
1. New section filed 10-26-94; operative 1 1-25-94 (Register 94, No. 43).
CURRICULUM AND LESSON PLANS
§ 345.30. Curriculum Content.
(a) A traffic violator school shall provide a minimum of 400 minutes
of traffic safety related classroom education, exclusive of class registra-
tion, lunch, rest breaks, issuance of completion certificates and subjects
not related to traffic safety. The following traffic safety subjects shall be
included in each 400 minute course offered by a traffic violator school:
(1) The common sense of driving.
(2) Use and Maintenance of required safety equipment.
(3) Defensive driving.
(4) Established speed laws.
(5) Proper lane use.
(6) Backing up safely.
(7) Interacting at intersections.
(8) Passing.
(9) Demands of city driving.
(10) Demands of freeway driving.
(11) Demands of driving on a open highway.
(12) Hazardous conditions.
(13) Alcohol and other drugs.
(14) Driver Responsibility.
(15) Traffic signs, signals and pavement markings.
(16) Licensing control measures.
(b) For purposes of this section, subjects not related to traffic safety
include, but are not limited to:
(1) Courtroom procedures.
(2) Beating traffic tickets.
(3) Police jurisdictions.
(c) The 400 minute curriculum of a traffic violator school shall include
the following:
(1) Visual aids including, but not limited to, slide presentations, video
cassettes or movies, graphs, magnetic boards, charts, or pictorial repre-
sentations shall at a minimum be used to visually demonstrate concepts
presented for the subject areas described in subdivision (a)(3), (a)(5) to
(8), (a)(12) and (a)(15). Audio visual aids (video cassettes or movies)
shall comprise not more than 80 minutes of the 400 minute curriculum.
All visual aids shall be applicable to the course purpose and subject area.
(2) Student participation. Participation includes, but is not limited to:
questions and answers; pre- and post- knowledge tests; and group dis-
Page 28.10(h)
Register 98, No. 18; 5-1-9
Title 13
Department of Motor Vehicles
§ 345.38
•
cussions. Student participation shall comprise not less than 40 minutes
of the 400 minute curriculum. All student participation shall be applica-
ble to the course purpose and subject area.
(3) A post-knowledge test to be administered at the end of the class.
The test shall be designed to include questions related to at least ten of
the subject areas in subdivision (a), and shall include at least one question
on each of the following subjects: defensive driving, alcohol and drugs,
and driver responsibility. The test shall be graded and each student's
score will be recorded on the class roster or student enrollment card, un-
less the school retains the tests for three years from the date of the class.
If the tests are retained, each test shall indicate the date of the class and
the student's name and driver license number.
NOTE: Authority cited: Sections 1651, 11202(a)(2) and 11219, Vehicle Code.
Reference: Sections 1 1202 and 1 1219, Vehicle Code.
History
1. Renumbering and amendment of former seclion 345.30 to section 345.72 and
new section filed 10-26-94; operative 11-25-94 (Register 94, No. 43). For
prior history, see Register 93, No. 30.
§ 345.34. Lesson Plan Requirements.
(a) A lesson plan shall be submitted by each applicant for a traffic vio-
lator school license. The lesson plan shall meet the following require-
ments:
(1) The lesson plan shall contain a table of contents and the pages of
the plan shall be consecutively numbered.
(2) Each line of the lesson plan shall be consecutively numbered on
each standard 8 1/2" by 11" page, beginning with the number one on
each page.
(3) The lesson plan shall cover all topics listed in Section 345.30 in suf-
ficient detail to enable the department to evaluate the specific informa-
tion to be presented and to determine the accuracy of the information to
be presented.
(4) The lesson plan shall cover all subjects outlined in the department' s
Course Core Topics And Requirements For State Of California, Depart-
ment of Motor Vehicles Approved Traffic Violator School 8-Hour Cur-
riculum, form OL 613 (Rev 3/94).
(5) The lesson plan shall reflect where visual aids and student partici-
pation will be used to supplement lecture material. It shall explain the
purpose of each visual aid and student participation activity and describe
how the instructor will generate the intended student participation. It
shall include a brief synopsis of the information presented in any movie
or video presentation, sufficient to allow the department to determine
what specific information is presented by the movie or video.
(6) The lesson plan shall include a time schedule. The schedule shall
contain:
(A) The time allotted for lunch and rest break periods. A lunch break
of at least 30 minutes shall be provided if the 400 minute course is con-
ducted in one session. A rest break of at least 10 minutes shall be provided
during any session conducted for a period of 200 minutes or more.
(B) The approximate time allotted for each audio visual aid to be used.
(C) The approximate time allotted for each major subject area.
(D) The approximate time allotted for each student participation activ-
ity.
(E) The approximate time allotted for completion, correction and dis-
cussion of any tests used and the method of correction to be used.
(7) If the course provides for an evaluation by the students, completion
of the evaluation shall not exceed 5 minutes. A sample of the evaluation
form shall be submitted with the lesson plan.
(8) Samples of any handout materials, workbooks, games or tests, in-
cluding the post-knowledge test required pursuant to Section
345.30(c)(3), used during the course shall be submitted for approval, as
part of the lesson plan.
(b) The department shall give written approval or disapproval within
30 days of receipt.
(c) In lieu of filing its own unique lesson plan, an applicant may meet
the lesson plan requirement by submitting a letter of authorization from
the owner of an approved traffic violator school lesson plan. The letter
of authorization shall be signed and dated by the owner of the previously
approved lesson plan and shall specify that it authorizes use of the lesson
plan by the applicant and identifies the applicant by name and DBA as
they appear on the application. The department shall approve the use of
a previously approved lesson plan only if the lesson plan has been eva-
luated and approved for use within the preceding 12 months.
(d) No traffic violator school which was licensed prior to the effective
date of this section, and which license remains in good standing, is re-
quired to meet the provisions of this section, until the department has re-
quested a revised lesson plan in accordance with Section 345.36(b).
(e) A traffic violator school shall not provide instructional services un-
less its lesson plan has been approved by the department.
NOTE: Authority cited: Sections 1651, 11202(a)(2) and 11219, Vehicle Code.
Reference: Sections 11202 and 1 1219, Vehicle Code.
History
1. New section filed 10-26-94; operative 11-25-94 (Register 94, No. 43).
§ 345.35. Completion Certificates.
NOTE: Authority cited: Sections 1651 and 1 1202(a)(3), Vehicle Code. Reference:
Section 11208(c), Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 1 01 .35 to section
345.35 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
2. Renumbering of former section 345.35 to section 345.44 filed 1 0-26-94; opera-
tive 1 1-25-94 (Register 94, No. 43).
§ 345.36. Lesson Plan Revisions.
(a) A traffic violator school owner is responsible for revising the ap-
proved lesson plan as necessary to ensure that approved topics reflect
changes in laws or other information to be presented in the course. Any
proposed changes or alterations to an approved lesson plan shall be sub-
mitted to the department for approval prior to the changes being made to
the course.
(b) The department shall reevaluate approved lesson plans, as needed,
to ensure that approved courses reflect current laws and other informa-
tion and otherwise continue to meet department standards.
(1) The department shall notify any traffic violator school of any defi-
ciencies in any lesson plan and require revisions to the plan.
(2) A traffic violator school which receives notification to revise its
lesson plan shall submit a revised lesson plan to the department by the
date indicated on the notice from the department.
(3) The failure of a traffic violator school to respond to any notification
by the department regarding lesson plan deficiencies by the date indi-
cated on the notice, by providing revisions responsive to the lesson plan
deficiencies noted by the department, is cause for action pursuant to Ve-
hicle Code Section 11215(b).
(c) A traffic violator school shall continue to use its previously ap-
proved lesson plan until receiving notification from the department that
the revised lesson plan is approved. The school shall implement use of
the revised lesson plan within 60 days of notification of approval.
NOTE: Authority cited: Sections 1651, 11202(a)(2) and 11219, Vehicle Code.
Reference: Section 1 1202, Vehicle Code.
History
1. New section filed 10-26-94; operative 11-25-94 (Register 94, No. 43).
CLASSROOM STANDARDS AND CONDUCT
§ 345.38. Classroom Standards.
Approval for conducting traffic violator education courses shall be
contingent upon the traffic violator school meeting and maintaining the
following classroom standards requirements:
(a) Classroom shall provide a minimum of 15 square feet of space per
student if the facility has lecture/assembly type seating or 20 square feet
of space per student if the facility has standard classroom seating with
table or desks.
(b) Classroom shall provide seating and writing surfaces for all stu-
dents. Writing surfaces shall be tables, desks, the equivalent, or portable
writing surfaces. Portable writing surfaces shall be made of a rigid
material at least a 1/8 inch thick and shall measure at least 8 1/2 by 1 1
inches.
Page 28.10(i)
Register 2006, No. 8; 2-24-2006
§ 345.39
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(c) Classrooms attendance shall be limited to a maximum of forty (40)
students.
(d) Classrooms shall provide an educational atmosphere which is con-
ducive to learning. To be conducive to learning, the classroom atmo-
sphere shall be influenced as follows: appropriately cooled and heated to
overcome normal summer and winter outside temperatures; appropriate-
ly lit for reading; and be free from interruptions including but not limited
to noise, school business activities, foot traffic and machinery.
(e) Classrooms shall not be located in bars, restaurant lounges or other
rooms which serve alcohol, allow alcohol consumption or advertise or
promote alcohol or its consumption, nor shall student access to the
classroom facility be through bars.
(f) Classrooms shall comply with all applicable local ordinances, in-
cluding but not limited to health and safety ordinances.
NOTE: Authority cited: Sections 1651, 11202(a)(2) and 11219, Vehicle Code.
Reference: Section 11202, Vehicle Code.
History
1 . Renumbering and amendment of former section 345.20 to new section 345.38
filed 10-26-94; operative 11-25-94 (Register 94, No. 43).
§ 345.39. Conducting Classes.
Approval for conducting traffic violator education courses shall be
contingent upon the traffic violator school conducting classes as follows:
(a) Only one school shall conduct class in any specific classroom at
one time.
(b) The school shall ensure that students understand the language in
which the course is presented by talking with students during registra-
tion.
(c) The instructor shall have the school's approved lesson plan in his/
her possession for the duration of the class and shall follow that lesson
plan.
(d) The instructor shall have a current Vehicle Code in her/her posses-
sion for the duration of the class.
(e) The instructor shall have evidence of licensure, which is specific
to the school offering the class, in his/her possession, except as exempted
by Vehicle Code Section 1 1206. The identification card issued by the de-
partment in accordance with Section 345.06(g) shall be used to meet this
requirement, unless a permanent license has not yet been issued.
(f) The instructor shall ensure that the exterior of the classroom is
clearly marked with the school name, as a guide to students. In a hotel or
convention center type facility, a notice on the facility's bulletin board
or room locator shall be sufficient.
(g) The instructor shall identify himself/herself by name to the class,
state the full name of the school and post both names in the classroom.
(h) The instructor shall not admit any student to the class if the student
arrives more than 15 minutes after commencement of instruction. This
provision shall apply to students returning late from lunch or rest breaks.
An instructor may admit a student to class who is late less than 15 min-
utes, provided that the instructor provides the student with a make-up
session, which covers the actual class instruction missed by being late,
during the lunch break or after normal class hours.
(i) The instructor shall ensure that a sign is posted in each classroom
for the duration of the class which reads: "No Alcoholic Beverage To Be
Consumed Or Possessed By Students During School Hours". Owners,
operators and instructors shall strictly enforce this requirement and shall
not permit any person to participate in any class who is under the influ-
ence of alcohol, has any alcoholic beverage on his or her person or who
consumes any alcoholic beverage in the classroom.
(j) A traffic violator course shall not be combined with any other driver
education or driver improvement course.
(k) Topics discussed by an instructor or during student participation
or audio visual aids shall not include topics which are not of a traffic safe-
ty nature, including but not limited to: offering advice on how to beat traf-
fic tickets, courtroom procedures and police jurisdictions.
(/) No instructor shall knowingly give false or misleading information
to any student.
(m) The instructor shall conduct himself/herself in a professional and
courteous manner at all times when students are present.
(n) At the start of any class, the instructor shall explain the affect of
attendance on the students' driving records pursuant to Vehicle Code
Section 1 808.7, including the information that not all courts allow partic-
ipation in traffic violator school program as part of the adjudication of a
traffic violation.
(0) The instructor shall validate the student information provided on
the roster sheet or enrollment card, pursuant to Section 345.56(a), with
the student's actual driver license.
NOTE: Authority cited: Sections 1651, 11202(a)(2) and 11219, Vehicle Code.
Reference: Sections 1 1202. 11219 and 1808.7, Vehicle Code.
History
1. Renumbering and amendment of former section 345.45 to section 345.38 filed
10-26-94; operative 1 1-25-94 (Register 94, No. 43).
2. New subsection (o) filed 8-16-2005 as an emergency; operative 9-20-2005
(Register 2005, No. 33). A Certificate of Compliance must be transmitted to
OAL by 1-18-2006 or emergency language will be repealed by operation of
law on the following day.
3. Certificate of Compliance as to 8-16-2005 order transmitted to OAL
1-18-2006 and filed 2-22-2006 (Register 2006, No. 8).
§ 345.40. Class Schedules.
Approval for conducting traffic violator education courses shall be
contingent upon the school meeting and maintaining the following
scheduling requirements:
(a) A schedule of all classes shall be filed with the department a mini-
mum of 15 days prior to any class being conducted by any new school
or at any new classroom location being used by any school.
(b) A schedule of all classes shall be filed with the department a mini-
mum of 15 days prior to the beginning of each calendar month after a
school begins operation.
(c) Schools shall use the Official School And Class Location(s) Sched-
ule, form OL 854 (Rev 7/93), when submitting schedules to the depart-
ment. The form shall contain:
(1) The DBA name of the school, the TVS license number, and the date
the form is prepared.
(2) The signature of the owner, operator, administrator if a public
school or agency, or designated representative.
(3) The business address and telephone number of the school.
(4) The address of each classroom location to be used.
(5) The scheduled dates and hours for each classroom to be used dur-
ing the scheduled period.
(6) Identification of the instructional language to be used for each
scheduled class.
(d) Any school that fails to submit schedules pursuant to this section
shall have its name removed from all judicial district on the next TVS
Classroom Location List published by the department pursuant to Sec-
tion 1 1205(a) of the Vehicle Code. If the school fails to submit schedules
a second time within any 12 month period, the school's name shall be re-
moved from all judicial districts on the next two TVS Classroom Loca-
tion Lists published by the department pursuant to Section 11205(a) of
the Vehicle Code.
(e) A school shall schedule and offer to conduct classes in a minimum
of one approved classroom location in each city listed on the TVS
Classroom Location List at least once every other month.
(1) For the purposes of this section "schedule and offer to conduct"
means that a school shall schedule a class pursuant to the scheduling re-
quirements of this section, shall offer to enroll prospective students in the
class, and does not cancel the class except in accordance with the provi-
sions of subdivision (b) or (c) of Section 345.41. If a school cancels a
class pursuant to subdivision (a) of Section 345.41, the school did not
"offer to conduct" for the purposes of this section.
(2) If the department determines, upon investigation, that a school is
not scheduling and offering to conduct classes in a city pursuant to subdi-
vision (e), that city location shall be removed from the next TVS
Classroom Location list published by the department pursuant to Section
1 1205(a) of the Vehicle Code.
(3) If a school has 5 city locations removed from the TVS Classroom
Location List within any 1 2 month period, the school's name shall be re-
moved from all judicial districts on the next TVS Classroom Location
Page 28.10(j)
Register 2006, No. 8; 2-24-2006
Title 13
Department of Motor Vehicles
§ 345.44
List published by the department pursuant to Section 1 1 205(a) of the Ve-
hicle Code.
(f) A school shall not offer to register a student for a class, nor conduct
a class, that has not been included and submitted to the department on the
Official School And Class Location(s) Schedule, Form OL 854.
(g) The department may waive the requirements of subdivision (a),
(b), or (e) of this section for a traffic violator school if a school is unable
to schedule or conduct classes due to a normal disaster such as, fire, flood,
or earthquake, or a civil disturbance.
(1 ) As soon as circumstances allow, the school shall notify the depart-
ment that it is unable to schedule or conduct classes, and shall specify
whether the entire school operation is disrupted or which specific
classroom locations/judicial districts are affected.
(2) The department shall determine whether to waive the require-
ments, and the duration of the waiver, based on the specific circum-
stances, and shall notify the school(s) of the decision immediately.
NOTE: Authority cited: Sections 1651, 11202(a)(2) and 11219, Vehicle Code.
Reference: Sections 11213 and 11219, Vehicle Code.
History
1 . Change without regulatory effect renumbering former section 1 01 .40 to section
345.40 filed 7-1 9-93 pursuant to title 1 , section 100. California Code of Regu-
lations (Register 93, No. 30).
2. Renumbering of former section 345.40 to new section 345.47 filed 10-26-94;
operative 11-25-94 (Register 94, No. 43).
3. New section filed 1-5-95; operative 2-6-95 (Register 95, No. 1).
§ 345.41 . Class Cancellations.
(a) Should a school cancel any scheduled class, the school shall notify
the department in writing. The department shall receive such notification
no later than 5:00 P.M. on the fifth business day preceeding the scheduled
class date. The school shall notify affected students a minimum of 4 days
prior to the scheduled class.
(b) If emergency circumstances prevent timely, written notice to the
department of class cancellation, the school shall call the department no
later than 72 hours prior to the scheduled date and start time. If emergen-
cy circumstances prevent notice to the department of class cancellation
within 72 hours of the scheduled date and start time, the school shall call
the department on the first work day following the decision to cancel the
class and explain the circumstances causing the cancellation. The school
shall also supply confirmation of the circumstances in writing.
(c) Traffic violator schools shall conduct classes at scheduled loca-
tions in cases of low enrollment, unless enrollment consists of less than
six students. If less than six students enroll, the class may be canceled,
provided that the school notifies all registered students by phone and the
department of the cancellation a minimum of 24 hours prior to the sched-
uled start of the class. Leaving a message on an answering machine at the
phone number provided by the student shall constitute notification for
this purpose. If the school is unable to contact a student by phone on the
first attempt, the school shall attempt a phone contact at least 2 subse-
quent times, and shall note the date and time of the attempts. If the school
has only a mailing address for a student, the school shall send a written
notification to the student. When notifying the students of the cancella-
tion, whether by mail or phone, the school shall offer to provide the regis-
tered students with an alternate class, at a charge to the student not to ex-
ceed the cost of the department completion certificate and the cost of any
other certificate required by the court. The school shall maintain a class
roster or set of student enrollment cards for each class canceled for low
enrollment, which shall indicate the date each student was notified by
mail, or the date and time each student was notified by phone, or if the
school was unable to notify the student by phone, the date and times of
attempted notification.
(d) Whenever a class is canceled pursuant to section (a) or (b) the
school shall refer affected students to the department's published
Classroom Location List or other court approved list for selection of
another school, except that a school may offer an alternate date, time, or
location to a student registered in a class canceled pursuant to subdivision
(a) or (b), provided that the alternate class is provided to the student at a
charge not to exceed the cost of the department completion certificate and
the cost of any other certificate required by the court. Under no circum-
stances are the affected students to be referred to any other school. If
these conditions cannot be met by the traffic violator school, the sched-
uled class shall be conducted as scheduled.
(e) If a school cancels a class for any reason, the school shall post a
notice of cancellation at the classroom location for 1/2 hour prior to and
one hour after the start of the scheduled class, unless all registered stu-
dents and the department were either contacted by phone or mailed a no-
tice of cancellation at least 4 days in advance of the class being canceled.
NOTE: Authority cited: Sections 1651, 11202(a)(2) and 11219, Vehicle Code.
Reference: Sections 11213, 11215(c), 11215.5(d) and 1 1219, Vehicle Code.
History
1 . New section filed 1-5-95; operative 2-6-95 (Register 95, No. 1).
2. Amendment of subsection (d) filed 3-25-2002; operative 4-24-2002 (Register
2002, No. 13).
§ 345.42. Quarterly Reporting of Classes Conducted.
(a) Traffic violator schools shall report the number of classes con-
ducted and the number of students instructed for each classroom location.
(b) Reports shall be for each preceding calendar quarter or portion of
the calendar quarter, if the classroom was not licensed for the full quarter.
(c) Reports shall be made on form OL 850 (Rev 10/94), Traffic Viola-
tor School Reporting Form, and shall contain the following information:
(1) The months and year covered by the report.
(2) The complete school name.
(3) The school's license number and judicial district in which the
classroom is located.
(4) The classroom address.
(5) The business address where school records are stored.
(6) The business telephone number.
(7) The number of students who completed the course at the location.
(8) The number of classes scheduled and the number of classes actual-
ly conducted at the location.
(9) The signature of the school owner, operator or authorized represen-
tative.
(d) Completed forms are to be received in the department's headquar-
ters office on or before the thirtieth calendar day of the month following
the quarter in which classes were conducted.
NOTE: Authority cited: Sections 1651, 1 1202(a)(2), 11213(d) and 1 1219, Vehicle
Code. Reference: Section 11213, Vehicle Code.
History
1. New section filed 10-26-94; operative 1 1-25-94 (Register 94, No. 43).
COMPLETION CERTIFICATES
§ 345.44. Purchases of Completion Certificates.
(a) Forms OL 730 (Rev 7/93), Completion Certificates, purchased by
a traffic violator school from the department shall be used exclusively by
the purchasing school for issuance to students who have satisfactorily
completed the course of instruction offered at the school, and shall not
be sold or transferred to another school or any other entity.
(b) The fee charged by the department shall be $1.50 per completion
certificate.
(c) Completion certificates shall be purchased in books of fifty (50) by
a traffic violator school in designated field offices of the department. A
list of designated offices can be obtained by contacting the headquarters
office of the department.
(d) Completion certificates may be purchased by: a school owner; an
administrator of a public school or other public agency; a school opera-
tor; or by a designated representative pursuant to Section 345.54.
( 1 ) The school owner, administrator or operator shall present a picture
identification card and the identification card provided by the depart-
ment.
(2) An employee who is not the owner, administrator, or operator shall
present a picture identification card and either a copy of the OL 227, Au-
thorized Signatures, pursuant to Section 345.54 or a written statement of
permission to purchase completion certificates on the letterhead station-
ary of the school. The statement of permission shall contain the original
signature of the school owner, administrator or operator and be dated
Page 28.10(k)
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§ 345.45
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
within 10 days of the current date and shall be surrendered to the depart-
ment at the time of purchase. Such authorization shall identify the specif-
ic number of certificates to be purchased.
(e) Receipts issued by the department for the purchase of completion
certificates shall be maintained as a business record.
(f) The department shall refund amounts paid by a school owner for
completion certificates only for unused certificates on hand when the
owner ceases to do business and for certificates which were damaged
during the manufacturing and/or shipping process. The original and first
copy of the certificate shall be attached to an application for refund. The
second copy of the certificate shall be retained by the school in numerical
sequence in the original book. The application for refund shall be com-
pleted to include: the name and address of the owner (claimant), the
amount of refund claimed, the date and field office location where the
fees were paid, a list of the numbers for the certificates attached for re-
fund, the reason for the refund request, and a statement, signed under
penalty of perjury by the claimant, that the information contained in the
request is true and correct.
NOTE: Authority cited: Sections 1651 and 11202(a)(2) and 1 1219, Vehicle Code.
Reference: Section 1 1208 and 11212, Vehicle Code.
History
1 . Renumbering and amendment of former section 345.35 to section 345.44 filed
10-26-94; operative 1 1-25-94 (Register 94, No. 43).
§ 345.45. Issuance, Content and Disposition of Completion
Certificates.
(a) When a traffic violator school determines that a student referred by
a court has satisfactorily completed the course, the school shall issue the
student a completion certificate, form OL 730 (Rev 2/2005), which shall
contain the following information:
(1) A unique preprinted number assigned by the department.
(2) Name, address, birth date and driver license number of the student.
(3) The date of course completion and the city and date the certificate
was issued.
(4) The name, additional DBA's, primary business address, city and
license number of the traffic violator school issuing the completion cer-
tificate.
(5) Length of the course completed.
(6) The total course fee.
(7) The name of the court which ordered the student to attend traffic
violator school and the case or docket number of the violation.
(8) The license number of the instructor. If the instructor has a tempo-
rary license, the number of the school followed by a slash (/) and a "T"
shall be noted in lieu of the instructor license number; if the instructor is
credentialed, the number of the school followed by a slash (/) and a "C"
shall be noted in lieu of the instructor license number.
(9) A statement certifying under penalty of perjury that the informa-
tion contained on the certificate is true and correct, signed by the student
and the course instructor. The certificate shall be signed only after the stu-
dent has satisfactorily completed the course. The student shall sign the
certification statement prior to departure from the class.
(b) The completion certificate shall be prepared in triplicate for dispo-
sition as follows:
(1) The original shall be the court's copy and shall be issued to the stu-
dent upon successful completion of the course. It shall be the student's
responsibility to submit the completion certificate to the court which or-
dered the student to attend traffic violator school.
(2) The first copy shall be the student's copy of the certificate and shall
constitute a receipt for the student provided that the certificate is issued
the same day the fee is paid.
(3) The second copy shall be the traffic violator school's copy and
shall remain with the business records of the school.
(c) Completion certificates shall not be duplicated or reproduced for
any purpose.
(d) Except as specified in country or court contracts which are exempt
under Vehicle Code Section 42005(f), no school shall mail or otherwise
deliver any completion certificate to the court of jurisdiction for any stu-
dent.
(e) When a student does not satisfactorily complete the course the
same day that payment is made for the course or the student has elected
to attend the course, the traffic violator school shall issue the student a
separate and distinct receipt for payment. The receipt shall contain the
following information:
(1) Amount paid by the student and date of payment. This amount shall
be the total cost to the student for the course, including any fee charged
for the certificate.
(2) Name and driver license number of the student.
(3) Name, primary business address, and license number of the school.
(f) A certificate of completion, form OL 730 (Rev. 2/2005), shall not
be issued to any person who elects to attend a traffic violator school or
any person who holds a class A, class B, or commercial class C driver li-
cense.
NOTE: Authority cited: Sections 1651, 11202(a)(2) and 11219, Vehicle Code.
Reference: Sections: 1 1208, 1 1212, 11219 and 1 1219.5, Vehicle Code.
History
1. Renumbering of former section 345.45 to section 345.38 and new section filed
10-26-94; operative 11-25-94 (Register 94, No. 43). For prior history, see
Register 93, No. 30.
2. Amendment of subsections (a), (a)(3)-(4) and (d)-(e) and new subsection (f)
filed 8-16-2005 as an emergency; operative 9-20-2005 (Register 2005, No.
33). A Certificate of Compliance must be transmitted to OAL by 1-1 8-2006 or
emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 8-16-2005 order transmitted to OAL
1-18-2006 and filed 2-22-2006 (Register 2006, No. 8).
§ 345.46. Duplicate Completion Certificate.
(a) A duplicate completion certificate form shall be issued only by the
traffic violator school that issued the original certificate.
(1 ) The traffic violator school may charge a fee for the duplicate certif-
icate, not to exceed $3.00 in addition to the actual cost of the certificate
to the school.
(2) The school shall verify from the school's records that the student
completed the course. The number of the original certificate issued shall
be marked on the top of the duplicate certificate.
(3) A duplicate certificate shall be marked "duplicate" in large letters
across the face of the certificate and both copies.
(4) The disposition of the duplicate certificate and copies shall be as
described for an original certificate in Section 345.45(b).
(b) A duplicate completion certificate may be signed by the school
owner, operator, administrator if a public school or agency, or any desig-
nated employee authorized pursuant to Section 345.54.
NOTE: Authority cited: Sections 1651, 11202(a)(2) and 11219, Vehicle Code.
Reference: Sections 11208, 11212 and 11219, Vehicle Code.
History
1. New section filed 10-26-94; operative 11-25-94 (Register 94, No. 43).
§ 345.47. Lost or Stolen Completion Certificates.
The traffic violator school owner, operator, or administrator, if a pub-
lic school or agency, shall report any lost or stolen completion certificates
to the department not later than close of business of the day following dis-
covery of the loss or theft. The traffic violator school owner, operator or
administrator shall complete a Report of Lost/Stolen TVS Completion
Certificates, OL 855 New 5/94, and in addition to retaining a copy in the
school's business records, forward the report to the department within
thirty (30) days of the discovery of the loss or theft. The report shall be
completed to contain the following information:
(a) The school DBA and license number.
(b) The school's business address.
(c) The date of the discovery of the lost or stolen certificates.
(d) The date of loss (if known).
(e) The number of certificates lost or stolen.
(f) The series numbers of the certificates.
(g) A description of the incident and/or the discovery of loss.
(h) A certification statement by the owner, operator, or administrator,
signed under penalty of perjury, that all information provided is true and
correct.
Page 28.10(1)
Register 2006, No. 8; 2-24-2006
Title 13
Department of Motor Vehicles
§ 345.52
NOTE: Authority cited: Sections 1651 and 1 1 202(a)(2) and 1 1219, Vehicle Code.
Reference: Section 1 1208(d), Vehicle Code.
History
1 . Renumbering and amendment of former section 345.40 to new section 345.47
filed 10-26-94; operative 1 1-25-94 (Register 94, No. 43).
§ 345.48. One Class, One Ticket.
The successful completion of one 400 minute traffic violator school
course shall adjudicate only one traffic citation and only one completion
certificate shall be issued.
NOTE: Authority cited: Sections 1651, 11202(a)(2) and 11219, Vehicle Code.
Reference: Section 42005, Vehicle Code.
History
1. New section filed 10-26-94; operative 11-25-94 (Register 94, No. 43).
TVS CLASSROOM LOCATION LIST
§ 345.49. TVS Classroom Location List Publication.
The department shall publish the TVS Classroom Location List twice
annually. The list shall be revised for distribution to each municipal and
justice court by the first day in January and the first day in July. In order
for a school to add a location or change any information contained on the
list, all requirements for the addition or change shall be completed and
received by the department no later April 1 for the list published in July,
and no later than October 3 for the list published in January. Any addition
or charge completed or received after date specified shall be retained for
inclusion in the next scheduled publication.
NOTE: Authority cited: Sections 1651 and 1 1202(a)(2), Vehicle Code. Reference:
Section 11205, Vehicle Code.
History
1. New section filed 10-26-94; operative 11-25-94 (Register 94, No. 43).
OFFICE PRACTICES AND ADVERTISING
§ 345.50. Office Practices.
(a) Each traffic violator school shall post its approved name and its of-
fice hours at its primary business office and any branch business office
and shall be open to the public during the posted hours. The person in
charge of the office during the posted hours shall be knowledgeable con-
cerning the operation of the school, shall be authorized to give informa-
tion to the public concerning classes and fees charged by the school and
shall be able to provide detailed information to any representative or con-
tractor of the department or a court concerning the operation and business
records of the school.
(1) At a minimum, each office shall maintain the same office hours as
the day courts in the county, except in counties with populations of less
than 400,000.
(2) In counties with populations of less than 400,000, each office shall
be open a minimum of two hours per week, during the day court hours,
provided that:
(A) The school does not schedule or offer classes in any county with
a population of 400,000 or more.
(B) The school utilizes an answering machine or service for the office
number during department business hours and responds to all calls from
the public within two business days of the call.
(C) The school notifies the department in writing at least ten days be-
fore any acceptable change is made in posted office hours.
(3) Any school which offers classes in counties with populations of
400,000 or more is required to maintain the office hours described in sub-
division (1) for the county(ies) in which classes are offered.
(b) If the office is located in a free standing building, a storefront or
a residence, the school name shall be posted on the front of the building.
If the office is located in a multi-business building, the school name shall
be posted in an area common to all of the businesses and on, adjacent to
or over the entry door to the school office. Any sign shall contain lettering
of sufficient size to be clearly legible from a distance of fifty (50) feet for
an outdoor sign and ten (10) feet for an indoor sign. The department may
make exceptions to sign requirements to accommodate unique circum-
stances.
(c) Each school shall maintain a telephone at its primary business of-
fice and at any branch business office(s). The following conditions shall
be met by each school:
(1) The telephone shall be answered with the approved school name.
(2) Separate telephone numbers. No two or more traffic violator
schools shall share the same telephone number. The telephone number
used by a school shall not be shared with any other business, unless ap-
proved by the department.
(3) All telephone numbers published in the department's list of schools
pursuant to Vehicle Code Section 1 1205(c) shall be operational and an-
swered during the posted office hours.
(4) If an automated phone system or an answering service is used for
scheduling classes and the service or system is unable to answer ques-
tions regarding the school, a referral number shall be provided to the call-
er. The referral number shall be operational and answered during the
posted office hours and shall be answered by a person with the knowl-
edge described in subdivision (a).
(5) If the traffic violator school is unable to accommodate any prospec-
tive student, the prospective student shall be referred back to the depart-
ment's published TVS Classroom Location List or other court approved
list to select another school. No traffic violator school shall refer a student
to any specific listing or school.
(6) Answering machines shall be utilized only during non-business
hours.
(7) No school may use California 900/976 numbers or any for-profit
telephone lines.
(8) If an answering service is used to answer the telephone numbers
published in the department's Classroom Location List, or, if the
school's telephone number is regionalized to prohibit calls from outside
of a defined calling area, the school shall provide one direct number
which is operational and answered during the posted office hours for use
by the department for contacting the school.
(9) Any traffic violator school representative who discusses enrol-
lment with any potential student shall provide the following information
to the prospective student:
(A) The total fee for the course, including any charge for the comple-
tion certificate and whether that charge is included in the total class fee
or is in addition to the class fee.
(B) What form(s) of payment are acceptable.
(C) Any fees charged for canceling or rescheduling a class.
(10) Any traffic school representative who enrolls students in sched-
uled classes shall obtain sufficient information to notify the students of
class cancellations pursuant to Section 345.41. If a student can not be
contacted by phone, the representative shall obtain a mailing address for
the student.
(d) Each school shall post licenses as follows:
(1) Owner licenses shall be posted in the primary business office and
in a location conspicuous to the public.
(2) Operator licenses shall be posted in the primary business office and
in a location conspicuous to the public, except for public school providers
in accordance with Vehicle Code 11202.
(3) Photocopies of the owner and operator licenses shall be similarly
posted at each branch business office.
(e) Each school shall maintain on file in the primary business office the
current license of each instructor, including a copy of the temporary per-
mit if no permanent license has been issued.
NOTE: Authority cited: Sections 1651, 11202(a)(2) and 11219, Vehicle Code.
Reference: Sections 320, 1671, 1 1202 and 1 1215(a), Vehicle Code.
History
1 . Renumbering of former section 345.50 to section 345.47 and new section filed
10-26-94; operative 1 1-25-94 (Register 94, No. 43). For prior history, see
Register 93, No. 30.
§ 345.52. Solicitation and Advertisement.
(a) No licensee or any employee or agent of the licensee shall adver-
tise, discuss or otherwise promote traffic school enrollment in any office
of the department or in any court or within 500 feet of any court. The out-
Page 28.10(111)
Register 2006, No. 8; 2-24-2006
§ 345.54
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
side perimeter of the properly on which any court resides is the beginning
point for calculating the straight-line 500 foot distance.
(b) The full name of a traffic violator school, the address of the princi-
ple business office as shown in department records and the school's li-
cence number shall be used in all media of advertising, including tele-
phone listings, except for the department's TVS Classroom Location
List.
(c) No traffic violator school shall advertise that it is approved by the
department. However, the school may refer to the fact that it is licensed
by the department.
(d) A traffic violator school name shall be considered a form of adver-
tising. A traffic violator school shall conduct its business pursuant to any
claims, actual or implied, that are included in its name.
(e) The department's published TVS Classroom Location List shall
not be altered in any manner. Alteration includes stamping a school name
on the list.
NOTE: Authority ciled: Sections 1651, 11202(a)(2) and 11219, Vehicle Code.
Reference: Sections 11202 and 1 1215, Vehicle Code.
History
1. New section filed 10-26-94; operative 1 1-25-94 (Register 94. No. 43).
§ 345.54. Authorized Signatures.
(a) All required notification forms sent to the department shall be
signed by a school owner, operator, administrator, or designated repre-
sentative. All signatures shall be as previously provided to the depart-
ment on license applications or an OL 227 (New 2/94), Authorized Sig-
natures.
(b) One or more designated representative(s) may be identified by a
school owner, operator or administrator by submitting an OL 227 (New
2/94), Authorized Signatures, to the department's headquarters office,
signed by an owner, operator or administrator which states the designated
representative's name(s), and which contains the signature(s) and full
printed name(s) of the designated representative(s).
(c) Designation of an authorized representative shall be withdrawn
upon receipt by the department's headquarters office of an OL 227 (New
2/94), Authorized Signatures, from the school owner, operator or admin-
istrator, which no longer includes the representative's name and signa-
ture.
NOTE: Authority cited: Sections 1651 and 1 1202(a)(2), Vehicle Code. Reference:
Section 1 1213, Vehicle Code.
History
1. Renumbering and amendment of former section 345.10 to new section 345.54
filed 10-26-94; operative 1 1-25-94 (Register 94, No. 43).
§ 345.56. Business Records.
(a) Each traffic violator school shall maintain records of every traffic
violator school class conducted pursuant to Vehicle Code Section 11212
for a minimum of three years. A roster sheet or set of student enrollment
cards shall be completed for each class conducted. The roster may be
maintained electronically and shall contain the following:
(1) The information required in Vehicle Code Section 11212.
(2) The telephone number of each student, unless the student does not
have a telephone, and the post knowledge test score of each student.
(3) The driver license class of each student.
(4) The citation number of a student referred pursuant to Vehicle Code
Section 42005 or an indication that the student elected to take the course.
(b) Each traffic violator school owner shall maintain records of each
completion certificate purchased and issued for a minimum of three
years.
(1) The school shall maintain all receipts for purchase of certificates
from the department.
(2) The school copy of each completion certificate issued shall be
maintained in numerical order.
(3) Any voided completion certificate shall be marked void on the
original and both copies. The original and both copies of a voided certifi-
cate shall be maintained in numerical order.
(4) The school shall maintain a copy of every request for refund for
fees paid for completion certificates.
(5) The school shall maintain a copy of every report of stolen or lost
certificate(s).
(c) The school shall maintain a copy of each quarterly report on
classroom location activity for a minimum of three years.
(d) The school shall maintain a copy of each receipt issued pursuant
to Section 345.45(e) for a minimum of three years, unless a notation that
a receipt was issued, including the date of payment and the amount paid,
is made on the class roster sheet or student enrollment card.
NOTE: Authority cited: Sections 1651, 11202(a)(2) and 11219, Vehicle Code.
Reference: Sections 11212, 11219.5, 15210 and 42005, Vehicle Code.
History
1 . New section filed 10-26-94; operative 1 1-25-94 (Register 94, No. 43).
2. Amendment of subsection (a), new subsections (a)(l)-(4) and amendment of
Note filed 8-16-2005 as an emergency; operative 9-20-2005 (Register 2005,
No. 33). A Certificate of Compliance must be transmitted to OAL by
1-18-2006 or emergency language will be repealed by operation of law on the
following day.
3. Certificate of Compliance as to 8-16-2005 order transmitted to OAL
1-18-2006 and filed 2-22-2006 (Register 2006, No. 8).
§ 345.58. Verification of Employment.
The owner, operator, administrator of a public school or agency, or
designated representative of a school shall verify the period(s) of em-
ployment and actual hours of classroom instruction for any instructor oc-
curring within the 36 months prior to the date of the request, if requested
by the instructor or the department, within 30 days of such request.
NOTE: Authority cited: Sections 1651, 1 1202(a)(2) and 11213(d), Vehicle Code.
Reference: Section 1 1202.5(a)(4), Vehicle Code.
History
1. New section filed 10-26-94; operative 11-25-94 (Register 94, No. 43).
§ 345.60. Providing Department Address to Students.
Upon receipt of an oral or written request from any potential student
or student, a traffic violator school shall provide the complete mailing ad-
dress and telephone number of the department's headquarters office.
NOTE: Authority cited: Sections 1651, 1 1202(a)(2) and 1 1213(d), Vehicle Code.
Reference: Section ] 1219, Vehicle Code.
History
1 . New section filed 10-26-94; operative 1 1-25-94 (Register 94, No. 43).
BONDS, DEPOSITS AND BACKGROUND CHECKS
§ 345.65. Traffic Violator School Owner Surety Bond
Requirements.
(a) Every applicant for issuance or renewal of a traffic violator school
owner occupational license shall submit the bond required by Vehicle
Code section 1 1202 on a Traffic Violator School (TVS) Owner Surety
Bond, form OL 704 (REV. 1 1/2004), which is hereby incorporated by
reference. The bond shall be subject to chapter 2 (commencing with Sec-
tion 995.010), title 14, of part 2 of the Code of Civil Procedure.
(b) The true, full name of the traffic violator school owner principal,
and any doing business as (DBA) names under which the licensed activ-
ity is conducted, shall be entered on the bond.
(c) The appointment of director as the agent for service of process re-
quired by Vehicle Code section 1 1 202(a)(6) shall be in the form required
under subdivision (c) of Section 330.08 of Title 13, California Code of
Regulations.
NOTE: Authority cited: Sections 1651 and 11202(a)(2), Vehicle Code. Reference:
Section 995.010, Code of Civil Procedure; and Section 1 1202, Vehicle Code.
History
1. New section filed 10-26-94; operative 1 1-25-94 (Register 94, No. 43).
2. Amendment of section heading, section and Note filed 2-14-2006; operative
3-16-2006 (Register 2006, No. 7).
§ 345.66. Deposit in Lieu of Bond.
(a) A traffic violator school owner who chooses to deposit $2,000 cash
in lieu of a surety bond shall complete the following forms for submission
to the department:
(1) Form OL 723 (New 6/93), Cash Bond. This form shall contain:
(A) The name of the applicant, including the DBA name.
(B) The applicant's principal business address.
(C) The cash sum.
Page 28.10(n)
Register 2006, No. 8; 2-24-2006
Title 13
Department of Motor Vehicles
§ 345.68
(D) The receipt number issued by the department.
(E) The signature date and county in which signed.
(F) The typed name of the applicant.
(G) The signature of the applicant or authorized representative.
(H) The typed name and title of the signer.
(2) Form OL 65 (Rev 11/86), Notice of Acknowledgment. This form
shall contain:
(A) The typed name of the applicant(s).
(B) A check in the first election box which refers to a cash deposit.
(C) A signed and dated acknowledgment which includes typed
name(s) of the signer(s).
(b) A traffic violator school owner who chooses to assign to the depart-
ment a certificate of deposit or a passbook savings account in the amount
of $2,000 in lieu of a surety bond shall complete the following forms for
submission to the department:
(1) Form OL 64 (Rev 1 1/86), Assignment of Insured Account. This
form shall contain:
(A) The name and address of the assignor, including the DBA name.
(B) The name and address of the financial institution which holds the
account.
(C) The amount of the account, which cannot be less than $2,000, un-
less multiple accounts are being assigned.
(D) The account number.
(E) The date on which the assignor signs the agreement and the name
of the community in which it is signed.
(F) The typed name of the applicant, signature of the applicant or per-
son authorized to sign for the applicant, and the typed name and title of
the signer.
(G) Endorsement by the financial institution which holds the account,
including: the dollar amount available under the assignment, the date the
endorsement is signed and the city in which signed, the typed name of the
financial institution, the signature of an officer of the institution and the
title of the signer.
(2) Form OL 65 (Rev 1 1/86), Notice of Acknowledgment, as de-
scribed in subdivision (a)(2), with a check in the second or third election
box on the form, depending on whether the assignment involves a certifi-
cate of deposit or a passbook account.
(c) Any deposit made in lieu of a surety bond shall be held by the de-
partment for a period of three years following the date the licensee has
ceased to do business or has ceased to be licensed, whichever is greater,
pursuant to Vehicle Code Section 1 1203, or three years following the re-
placement of the deposit by a valid surety bond as described in Section
345.65.
NOTE: Authority cited: Sections 1651, 11202(a)(2) and 11219, Vehicle Code.
Reference: Section 1 1203, Vehicle Code.
History
1. New section filed 10-26-94; operative 11-25-94 (Register 94, No. 43).
§ 345.67. Certification Required With Application for
Traffic Violator School Owner.
NOTE: Authority cited: Sections 1651 and 1 1220(a)(2), Vehicle Code. Reference:
Section 1 1202, Vehicle Code.
History
1. New section filed 10-26-94; operative 11-25-94 (Register 94, No. 43).
2. Repealer filed 2-14-2006; operative 3-16-2006 (Register 2006, No. 7).
§ 345.68. Background Investigation Required.
(a) The department shall investigate the background of each applicant
for a traffic violator school owner, operator or instructor license pursuant
to Chapter 1.5, Division 5 (commencing with Section 11200), to ensure
that each applicant is fit to properly perform the duties of the occupation
to be licensed. No permanent license shall be issued pending completion
of this investigation; however, the department may issue a temporary
permit pursuant to Vehicle Code Section 11210.
(b) Each applicant shall be required to complete an Application For
Occupational Licensing (Part B) Personal History Questionnaire, form
OL 29 (Rev 3/94), provided by the department. Owner applications shall
include a Questionnaire completed by:
(1 ) The sole owner or
(2) All general partners or
(3) For a corporate owner all principle corporate officers; all parties to
a trust agreement; all corporate board members; and any stockholders
who are active in the management, direction or control of the corporation
or
(4) The public administrator and
(5) Any other parties who are active in the management, direction or
control of the business activities of the school.
(c) The Persona] History Questionnaire shall contain the following in-
formation:
(1) The true full name of the applicant.
(2) The residence address of the applicant.
(3) The business and home telephone numbers of the applicant.
(4) The social security number of the applicant.
(5) The physical description of the applicant including sex, color of
hair, color of eyes, height, weight and birthdate.
(6) Whether or not the applicant holds a valid California driver license.
When the applicant is a holder of a valid California driver license, the li-
cense number shall be provided.
(7) Any name or names the applicant has been known by or used other
than the name provided in subdivision (c)(1).
(8) The experience and employment record of the applicant for the past
three years prior to the date the personal history questionnaire is signed
and dated by the applicant.
(9) For instructors only, whether the applicant has attended and or
completed high school or college, the name and address of any high
school or college attended, and the date studies were completed.
(10) Whether or not the applicant has previously been or is currently
licensed in California as a registration service; vehicle salesperson, rep-
resentative, distributor, dealer, dismantler, manufacturer, remanufactur-
er, transporter, verifier, lessor-retailer; driving school owner, operator or
instructor; traffic violator school owner, operator or instructor; or all-ter-
rain vehicle safety training organization or instructor. When the appli-
cant has previously been or is currently licensed as described in subdivi-
sion (c)(10), each current or previous occupational license number issued
to the applicant shall be provided.
(11) Whether or not the applicant has ever had a business or occupa-
tional license issued by the department or an application for such license
refused, revoked, suspended, or subjected to other disciplinary action or
was a partner, managerial employee, officer, director, or stockholder in
a firm licensed by the department, and the licence was revoked, sus-
pended or subject to other disciplinary action. When the applicant an-
swers yes to subdivision (c)(ll). the occupational license number, the
type of license, the action and the date of the action taken by the depart-
ment shall be provided.
(12) Whether or not the applicant has ever had a civil judgment ren-
dered against him/her and whether or not the judgment was a result of ac-
tivity of the applicant's firm licensed by the department. When the appli-
cant answers that the judgment was a result of activity of the applicant's
firm licensed by the department, the amount of the judgment and whether
the judgment is paid or unpaid shall be provided.
(13) Whether the applicant was ever a partner, managerial employee,
officer, director, or stockholder in a firm that had a civil judgment ren-
dered against it and whether or not the judgment was a result of the activ-
ity of the firm licensed by the department. When the applicant indicates
he/she was a partner, managerial employee, officer, director, or stock-
holder in a firm that had a civil judgment rendered against it and the judg-
ment was a result of the activity of the firm licensed by the department,
the amount of the judgment and whether the judgment is paid or unpaid
shall be provided.
(14) Whether or not the applicant has ever declared bankruptcy or was
a partner, managerial employee, officer, director, or stockholder in a firm
that declared bankruptcy. When the applicant indicates he/she has de-
clared bankruptcy or was a partner, managerial employee, officer, direc-
tor, or stockholder in a firm that declared bankruptcy, the date the bank-
Page 28.10(o)
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§ 345.72
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
ruptcy was filed and the name and location of the court of jurisdiction
shall be provided.
( 1.5) Whether or not the applicant has ever been convicted, placed on
probation, or released from incarceration following conviction for any
crime or offense, either felony or misdemeanor, including traffic of-
fenses, within the last ten years. When the applicant indicates he/she was
convicted, placed on probation, or released from incarceration following
conviction for any crime or offense, either felony or misdemeanor, in-
cluding traffic offenses, within the last ten years, each offense shall be
listed with the conviction date, the court of jurisdiction and the disposi-
tion.
(16) A statement signed and dated by the applicant which certifies un-
der the penalty of perjury all the answers and the information contained
in the personal history questionnaire are true and correct, and includes the
city and state where the document was executed.
(17) A statement signed by the owner, operator or administrator of the
traffic violator school acknowledging the information provided on the
personal history questionnaire.
(d) The applicant shall submit with the personal history questionnaire
a certified copy of the arresting agency report and a certified copy of the
court documents for each conviction listed pursuant to subdivision
(c)(15).
NOTE: Authority cited: Sections 1651, 11202(a)(2) and 11219. Reference: 42
U.S.C. 405; Section 1 1350.6, Welfare and Institutions Code; and Sections 1 1202,
11202.5, 11206, 11211, 11215 and 1 1215.5, Vehicle Code.
History
1. New section filed 10-26-94; operative 1 1-25-94 (Register 94, No. 43).
§ 345.72. Fingerprinting of Applicants.
(a) All original applications for licenses under Chapter 1.5, Division
5, (commencing with Section 11200) of the Vehicle Code shall be ac-
companied by one set of fingerprints from each applicant on a standard
fingerprint card and payment of a fingerprint processing fee, as described
in Vehicle Code Section 1668(b), for each applicant. If the applicant is
a partnership or corporation, the application shall be accompanied by a
set of fingerprints from each partner, principle corporate officer, board
member and any stockholder who is active in the management, direction
or control of the corporation. The completed fingerprint card shall con-
tain the following:
(1) The typed or printed name of the person fingerprinted.
(2) Any aliases used by the person fingerprinted.
(3) The birthdate of the person fingerprinted.
(4) The birthplace of the person fingerprinted.
(5) The sex, height, weight, eye color and hair color of the person fin-
gerprinted.
(6) The fingerprint of each finger and thumb on each hand, unless
missing or bandaged. When a finger or hand is missing or bandaged, it
shall be stated on the card.
(7) The signature of the person fingerprinted.
(8) The date the fingerprints are taken.
(9) The signature of the person taking the fingerprints.
(10) A statement that the fingerprint card is for the purpose of applying
for a traffic violator school license.
(11) The residence address of the person fingerprinted.
(b) A fingerprint card is not required when the applicant is currently
an occupational licensee of the department or the applicant is a prior oc-
cupational licensee of the department whose license has not lapsed more
than three years from the date of expiration.
NOTE: Authority cited: Sections 1651. 11202(a)(2) and 11219, Vehicle Code.
Reference: Sections 11202(a)(1), 11202.5 and 11206(a), Vehicle Code.
History
1. Renumbering and amendment of former section 345.30 to new section 345.72
filed 10-26-94; operative 1 1-25-94 (Register 94, No. 43).
INSPECTIONS BY DEPARTMENT
§ 345.74. Inspection and Approval of Sites.
(a) Before authorizing the use of a primary business location, a branch
business office or a classroom location, the department shall inspect the
location as needed to determine that the location meets or exceeds the fol-
lowing minimum qualifications.
(1) A business office location, whether the primary location or a
branch location, shall comply with the provisions of Vehicle Code Sec-
tions 1671(a), 11202(a)(1) and 1 1202(e) and all applicable provisions of
this code.
(2) A classroom location shall meet the requirements outlined in Sec-
tion 345.38.
(b) No business office, branch business office or classroom shall be in-
spected by the department until it is operationally ready for business. If
the location is not operationally ready for business at the time the applica-
tion for the location is filed, the date that the location shall be operational-
ly ready for business shall be indicated on the application.
(c) No business office, branch business office or classroom shall be
used by a school until its use has been approved by the department.
(1) The department has the authority to approve a classroom without
prior inspection based upon the self-certification information contained
on the Traffic Violator School Branch Business Office/Classroom Appli-
cation, form OL 712 (Rev 10/94).
(2) If the department approves the classroom without prior inspection,
the department shall inspect the classroom at or before the next monitor-
ing visit, pursuant to Vehicle Code Section 11214.
(d) The department shall notify the applicant in writing when the loca-
tion is approved for use.
(e) If the location does not comply with department standards, the de-
partment shall notify the applicant in writing, within seven (7) days fol-
lowing the inspection citing the specific reasons the location does not
comply.
(1) The department shall, upon written request from the applicant, re-
inspect a proposed location to determine if the deficiencies have been
corrected.
(2) The department shall disapprove any site which has been inspected
twice and does not pass inspection. A new application and payment of
appropriate fees shall accompany any request for further consideration
of the site.
(f) The department may reinspect any licensed location as needed to
determine that the location continues to meet licensing requirements pur-
suant to this section.
(1) If the department determines that a location no longer meets ap-
proval standards, the department shall notify the school in writing that the
location has been disapproved, the specific reasons for disapproval, and
the date by which the school shall cease using the location.
(2) The department shall, upon written request from the applicant, re-
inspect such a disapproved location once to determine if the deficiencies
have been corrected.
NOTE: Authority cited: Sections 1651, 11202(a)(2) and 11219, Vehicle Code.
Reference: Sections 1671(a) and 1 1202, Vehicle Code.
History
1 . New section filed 10-26-94; operative 1 1-25-94 (Register 94, No. 43).
MISCELLANEOUS REQUIREMENTS
§ 345.76. Traffic Violator School Program Assessment.
NOTE: Authority cited: Sections 1651, 11202(a)(2) and 11219, Vehicle Code.
Reference: Section 1 1202(a)(2), Vehicle Code.
History
1. New section filed 10-26-94; operative 11-25-94 (Register 94, No. 43).
2. Repealer filed 8-29-96; operative 9-28-96 (Register 96, No. 35).
§ 345.78. Traffic Violator School Attendance.
(a) An owner, operator, administrator or instructor of a traffic violator
school may not attend any class offered by the school for which he/she
is licensed, in lieu of adjudication of any personal traffic citation.
(b) In order to determine compliance with Vehicle Code Section
42005, each traffic violator school shall verify the driver license class and
a copy of the citation of each student prior to the student attending the
course. The following persons may not attend a traffic violator school in
lieu of adjudicating a traffic offense:
Page 28.10(p)
Register 2006, No. 8; 2-24-2006
Title 13
Department of Motor Vehicles
§ 350.02
(1) Any person holding a class A, class B, or commercial class C driver
license.
(2) Any person regardless of driver license class that committed a traf-
fic offense that occurred in a commercial motor vehicle, as defined in
subdivision (b) of Vehicle Code Section 15210.
(c) Any person described in subdivision (b) that complies with Vehicle
Code Section 1 1200(b), may elect to attend a traffic violator school.
NOTE: Authority cited: Sections 1651, 11202(a)(2) and 11219, Vehicle Code.
Reference: Sections 1 1200, 1 1202, 15210 and 42005, Vehicle Code.
History
1. New section filed 10-26-94; operative 1 1-25-94 (Register 94, No. 43).
2. Amendment of section heading, section and Note filed 8-1 6-2005 as an emer-
gency; operative 9-20-2005 (Register 2005, No. 33). A Certificate of Com-
pliance must be transmitted to OAL by 1 -1 8-2006 or emergency language will
be repealed by operation of law on the following day.
3. Certificate of Compliance as to 8-16-2005 order transmitted to OAL
1-18-2006 and filed 2-22-2006 (Register 2006, No. 8).
§ 345.86. Refusal to Issue, Suspension, Revocation or
Cancellation of a License.
(a) In addition to the conditions specified in Sections 11215, 1 1215.5,
11215.7 and 11216 of the Vehicle Code, the department may refuse to
issue, suspend, or revoke a license for a traffic violator school for any of
the following reasons:
( 1 ) The traffic violator school wrote a check to the department that was
thereafter dishonored when presented for payment.
(2) The traffic violator school violated any of the provisions contained
in this Article.
(b) In addition to the conditions specified in Sections 11215, 11215.5,
and 11215.7 of the Vehicle Code, the department may refuse to issue,
suspend, or revoke a license for a traffic violator school operator for any
of the following reasons:
(1 ) The traffic violator school operator wrote a check to the department
that was thereafter dishonored when presented for payment.
(2) The traffic violator school operator violated any of the provisions
contained in this Article.
(c) In addition to the conditions specified in Sections 11215, 1 1215.5,
and 1 1215.7 of the Vehicle Code, the department may refuse to issue,
suspend, or revoke a license for a traffic violator school instructor for any
of the following reasons:
(1) The traffic violator school instructor wrote a check to the depart-
ment that was thereafter dishonored when presented for payment.
(2) The traffic violator school instructor violated any of the provisions
contained in this Article.
(d) A traffic violator school owner, operator or instructor license may
be canceled by the department when the license was issued through error.
NOTE: Authority cited: Sections 1651 and 1 1202(a)(2), Vehicle Code. Reference:
Sections 11204, 11207, 11211, 11215 and 11215.7 and 11216, Vehicle Code.
History
1. New section filed 10-26-94; operative 1 1-25-94 (Register 94, No. 43).
§ 345.88. Monetary Penalties.
Payment of the following monetary penalties may be required of a traf-
fic violator school owner, operator or instructor pursuant to a stipulated
settlement agreement between the Director and the licensee entered into
under the authority of Vehicle Code Section 11218:
(a) The monetary penalty shall not exceed one thousand dollars
($1 ,000) for a traffic violator school owner or five hundred ($500) for a
traffic violator school operator or instructor, per violation.
(b) A minimum penalty of $15 and a maximum penalty of $500 shall
be assessed for each violation of the following provisions of law: Vehicle
Code Sections 1671, 11202(e), 11202.5, 11206, 11213(c), and 11219.5.
(c) A minimum of $100 and a maximum of $1000 for each violation
of the following provisions of law: Vehicle Code Sections 20, 11200,
11202(a), 1 1212, 11213(a), 11213(b), 11213(d), 11 215, and 11 215.5 and
11215.7.
NOTE: Authority cited: Sections 1651, 11202(a)(2), 11218 and 11219. Vehicle
Code. Reference: Section 11218, Vehicle Code.
History
1 . New section filed 10-26-94; operative 1 1-25-94 (Register 94, No. 43).
CESSATION OF BUSINESS
§ 345.90. Voluntary or Involuntary Cessation of Business.
Whenever a school ceases to do business for any period, either volun-
tary or involuntarily:
(a) The department may cancel or suspend use of the school's pub-
lished telephone number(s).
(b) The school shall surrender all owner, operator and instructor li-
censes applicable to the school and all unused completion certificates.
(c) The school shall provide the department with a telephone number
and address of the owner or, if a corporation or partnership, a principal
or partner, to enable the department to inquire as to specific records
which the ex-licensee shall maintain for three (3) years following cessa-
tion of business. The ex-licensee shall notify the department within ten
(10) days of any change in either the telephone number or address.
(d) No other traffic violator school shall buy or otherwise obtain the
telephone number of a school which ceases to do business, except when
a traffic violator school is sold in its entirety.
NOTE: Authority cited: Sections 1651. 11202(a)(2) and 11219, Vehicle Code.
Reference: Sections 8803, 1 1208(d), 1 1212, 11213, 1 1217.5 and 1 1219, Vehicle
Code.
History
1. New section filed 10-26-94; operative 1 1-25-94 (Register 94, No. 43).
Article 5.
Requesting Information from the
Department
§ 350.02. Definitions.
As used in this article the following definitions shall apply;
(a) Agent. As authorized by the department, a person or entity who is
authorized by its preapproved requester to access, receive, or use depart-
mental record information on behalf of its preapproved requester.
(b) Business Use. Use for any approved governmental or commercial
purpose. This includes both nonprofit and charitable purposes.
(c) Casual Requester. Any person who is requesting information from
the department's files and is not a preapproved requester.
(d) Commercial Requester Account. An account opened to assure
timely billing and payment due the department for the sale of information
and identified by a unique number.
(e) Commercial Requester Account Agreement. An agreement en-
tered into between the department and a nongovernmental entity apply-
ing for preapproved status to request information from the files of the de-
partment. The signing of the agreement by both the nongovernmental
entity and a representative of the department constitutes the basis to es-
tablish a Commercial Requester Account and becomes part of the Com-
mercial Requester Account Application required in section 350.16.
[The next page is 28.1 1 .]
Page 28.10(q)
Register 2006, No. 8; 2-24-2006
Title 13
Department of Motor Vehicles
§ 350.06
(f) Direct Requester. A requester code holder who makes information
requests directly to the department, and is billed directly by the depart-
ment through a Commercial Requester Account.
(g) End User. Any requester code holder for whose use information is
requested from the department's records. An end user may be either the
person requesting the information or another person on whose behalf the
information is requested.
(h) Governmental Entity. The United States Government or any subdi-
vision, department, court or agency thereof; the state or any subdivision,
department, court or agency thereof, including special districts, school
districts, the Board of Regents of the University of California; and any
city, county, city and county or any agency or subdivision thereof.
(i) Indirect Requester. A requester code holder making requests for de-
partment information from another requester code holder.
(j) Mailing Address. An address, reported separately from the resi-
dence address, reported to the department as the address where mail is to
be delivered to the addressee. A mailing address is mandatory only when
mail cannot be delivered to the reporting individual's residence address.
Otherwise a mailing address is optional.
(k) On-Line Access. Direct access to the department's electronic data
base through computerized equipment and communications lines fur-
nished and maintained at no cost to the department.
(/) Person. A natural person, governmental entity, partnership, corpo-
ration, association, or the fictitious name under which one of the afore-
mentioned does business.
(m) Personal Identification Number. A unique configuration of num-
bers and letters assigned by the department to requester code holders for
use in conjunction with a requester code whenever the department in its
sole discretion wishes to validate the identity of a direct requester when
information is requested by telephone or in person. Personal identifica-
tion numbers may be changed at the request of the person to whom issued
or at the sole discretion of the department.
(n) Preapproved Requester. Any person issued a requester code pur-
suant to sections 350.08 or 350.26.
(o) Public. All natural persons, partnerships, corporations or associ-
ations. The public does not include governmental entities, preapproved
requesters, natural persons requesting information concerning them-
selves or their spouses or minor children, and partnerships, corporations
or associations requesting information concerning vehicles registered to
the partnership, corporation or association.
(p) Requester Code. A unique configuration of numbers or letters and
numbers assigned by the department to identify a requester.
(q) Residence Address. A residence address is the address reported to
the department by an individual as the place where that individual re-
sides.
(r) Special Permit. A signed agreement between the department and a
Commercial Requester Account holder authorized on-line access to the
department's electronic data base.
(s) Vehicle Dealer's Agent. A person certified by a vehicle dealer, li-
censed to do business in California, as its agent for the purpose of obtain-
ing information directly from the department as a preapproved requester,
pursuant to section 1808.23, subdivision (b), of the Vehicle Code.
(t) Vehicle Manufacturer's Agent. A person certified by a vehicle
manufacturer, licensed to do business in California, as its agent for the
purpose of obtaining information directly from the department, either as
a preapproved requester or a nonpreapproved requester, pursuant to sec-
tion 1808.23(a) of the Vehicle Code.
NOTE: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section
1 798.26, Civil Code. Reference: Sections 470, 1 808.2 1 , 1 808.22, 1 808.23, 1 8 1 0,
1810.2, 1810.7 and 181 1, Vehicle Code; and Section 1798, Civil Code.
History
1 . Change without regulatory effect renumbering and amending former section
320.02 to section 350.02 and amending and repositioning article 5 heading filed
7-19-93 pursuant to title 1, section 100, California Code of Regulations (Regis-
ter 93, No. 30).
2. Amendment of subsection (a), new subsection (c), subsection relettering, re-
pealer of subsection (j) and amendment of subsections (p) and (s) filed
6-13-2001; operative 7-13-2001 (Register 2001, No. 24).
§ 350.03. Address Elements.
(a) The following elements of information constitute an address in the
records of the department:
(1 ) The street name and number, the route and box number, or the post
office box number.
(2) The city name.
(3) The state name.
(4) The county name or county code.
(5) The five digit zip code.
(6) The plus-four digit zip code.
(b) All elements of a residence address in the department's records
shall be confidential and shall not be released to a requester except as fol-
lows:
(1) As provided for in Vehicle Code sections 1808.21, 1808.22, or
1808.23, or
(2) When the requester certifies and the department determines that
residence information is needed in order to comply with a state or federal
statute, regulation, or rule of court that requires or permits the department
to release residence information from the department's records.
(c) The release of any elements of a mailing address in the department
records to a nonpreapproved requester shall be restricted to those re-
quests meeting the requirements of section 350.36(a)(6).
NOTE: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section
1798.26, Civil Code. Reference: Sections 1808.21, 1808.22, 1808.23, 1810,
1810.2, 1810.7 and 1811, Vehicle Code; and Section 1798.26, Civil Code.
History
1 . Change without regulatory effect renumbering former section 320.03 to section
350.03 filed 7-19-93 pursuant to title 1 , section 1 00, Cal ifornia Code of Regu-
lations (Register 93, No. 30).
2. Amendment of subsections (b)(l)-(2) filed 6-13-2001 ; operative 7-13-2001
(Register 2001, No. 24).
§ 350.04. Information Access.
Information may be obtained from the department's records in one or
more of the following ways:
(a) Directly from the department using an approved requester code.
(b) Indirectly from the holder of a Commercial Requester Account
who is authorized by the department to sell department information to an
end user. The request must include both the requester code issued to the
direct requester and the requester code issued to the end user.
(c) Directly from the department using the procedures established for
a casual requester pursuant to section 350.36.
NOTE. Authority cited: Sections 1651 and 1810, Vehicle Code; and Section
1798.26, Civil Code. Reference: Sections 1810, 1810.2, 1810.7 and 1811, Vehicle
Code; and Section 1798.26, Civil Code.
History
1 . Change without regulatory effect renumbering former section 320.04 to section
350.04 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
2. Amendment of subsection (c) filed 6-13-2001; operative 7-13-2001 (Reeister
2001, No. 24).
§ 350.06. Governmental Entity's Application for a
Requester Code.
A governmental entity's application for a requester code shall be sub-
mitted to the department's Information Services Branch in Sacramento
on the Governmental Requester Account Application, Form INF 1130
(12/90), provided by the department and shall include the following:
(a) The type of governmental entity.
(b) The name of the governmental entity.
(c) The business and the mailing address of the governmental entity.
(d) The telephone number of the governmental entity.
(e) Any existing requester code(s) used by the governmental entity to
obtain information from the department.
(f) The primary function of the governmental entity and the purpose
for requesting department information.
(g) Whether the governmental entity uses exempt license plates as de-
fined in section 4155 of the Vehicle Code.
(h) Whether the governmental entity is a law enforcement agency,
(i) Whether the governmental entity's investigators or agents are clas-
sified as "peace officers" as described in section 830 of the Penal Code.
Page 28.11
Register 2001, No. 24; 6- 15-2001
§ 350.08
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(j) The procedures established to protect the confidentiality of infor-
mation received from the department as required by Vehicle Code sec-
tion 1808.47.
(k) The name and title of the person responsible for compliance with
the statutes and regulations pertaining to access and use of information
from department records and a description of the person's position within
the governmental entity.
(/) The name, title and telephone number of the person to be contacted
by the department to resolve problems.
(m) A sworn statement signed and dated by the person described in
subdivision (k) as to the truth of the contents of the application; the penal-
ties for false representation and misuses of the information; and, the city,
county and state where the document is executed.
NOTE: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section
1798.26, Civil Code. Reference: Sections 1808.21, 1808.47, 1810, 1810.7 and
181 1, Vehicle Code; and Section 1798.26, Civil Code.
History
1 . Change without regulatory effect renumbering former section 320.06 to section
350.06 filed 7-19-93 pursuant to title 1, section 100. California Code of Regu-
lations (Register 93, No. 30).
2. Amendment of first paragraph filed 6-13-2001 ; operative 7-13-2001 (Register
2001, No. 24).
§ 350.08. Assignment of Requester Codes, and Personal
Identification Numbers to Governmental
Entities.
Any governmental entity whose application is approved shall be is-
sued a requester code, and a personal identification number.
NOTE: Authority cited: Sections 1651 and 1810, Vehicle Code: and Section
1798.26, Civil Code. Reference: Sections 1808.21, 1810and 1811, Vehicle Code;
and Section 1798.26, Civil Code.
History
1 . Change without regulatory effect renumbering former section 320.08 to section
350.08 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 350.10. Governmental Entity's Request for Information.
A governmental entity's request for information, including an on-line
access request, must include the requester code issued to the governmen-
tal entity. If the request is made by telephone or in person the personal
identification number issued to the governmental entity may also be re-
quired. The request must also include one or more of the following identi-
fying points of the record from which information is requested:
(a) For vehicle registration information the identifying points of the re-
cord may be the license plate number, vehicle identification number,
owner's full name, owner's full name and address, or any combination
thereof.
(b) For vessel registration information the identifying points of the re-
cord may be vessel registration number, hull number, owner's full name,
owner's full name and address, or any combination thereof.
(c) For driver's license or identification card information, the identify-
ing points of the record shall be at least one of the full name, driver's li-
cense number, or identification card number.
(d) For financial responsibility information the identifying points of
the record may be the date, time and location of accident; full name of
either driver involved; driver's license number of either driver; license
plate number of a vehicle involved; the financial responsibility number
assigned by the department; or any combination thereof.
(e) For occupational licensing information the identifying points of the
record may be the full name of the licensee, the name under which the
licensee does business, the occupational license number, or any combi-
nation thereof.
NOTE: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section
1798.26, Civil Code. Reference: Section 1810, Vehicle Code; and Section
1798.26, Civil Code.
History
1. Change without regulatory effect renumbering former section 320. 10 to section
350.10 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 350.12. Priority for Processing Governmental Requests.
Governmental requests for information shall be process in accordance
with the following priorities:
(a) Departmental processing.
(b) Law Enforcement request processing.
(c) Court request processing.
(d) Other governmental request processing.
NOTE: Authority cited: Sections 1651 and 1810. Vehicle Code; and Section
1798.26. Civil Code. Reference: Sections 1810, 1810.7 and 181 1. Vehicle Code;
and Section 1798.26, Civil Code.
History
1 . Change without regulatory effect renumbering former section 320.12 to section
350.12 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 350.14. Release of Information to Governmental Entity.
Information shall be released to a governmental entity as soon as the
information request is processed and without notice to the person to
whom the information relates.
NOTE: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section
1798.26, Civil Code; Reference: Section 1810, Vehicle Code; and Section
1798.26, Civil Code.
History
1 . Change without regulatory effect renumbering former section 320. 1 4 to section
350.14 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 350.16. Information Required on a Nongovernmental
Application for a Requester Code.
(a) A nongovernmental original and a renewal application for a re-
quester code shall be submitted to the department's Information Services
Branch in Sacramento on the Commercial Requester Account Applica-
tion, Form INF 1 106 (REV. 10/2000), and shall include the following:
(1) The nongovernmental entity's business/organization name.
(2) The nongovernmental entity's telephone number.
(3) The business and the mailing address of the nongovernmental enti-
ty-
(4) The name, addresses and telephone numbers of the branch loca-
tions of the nongovernmental entity that will be receiving information
from the departments records.
(5) Any existing requester code(s) issued by the department and used
for the nongovernmental entity's business.
(6) Whether the nongovernmental entity will purchase departmental
information through a departmental preapproved requester.
(7) Where the nongovernmental entity wants purchased information
mailed.
(8) If the nongovernmental entity is required to be licensed by the State
of California or if the applicant is a member of the California State Bar
list the business license number, the agency issuing the license, the type
of license, and the date the license expires. Also, if applicable, list the fed-
eral employer identification number, the corporation number, and the
state that issued the number.
(9) A description of the business or organization.
(10) The purpose(s) for requesting information.
(11) The medium of inquiry and delivery the nongovernmental entity
requests.
(12) Whether the nongovernmental entity will request information
from the registration file; the driver's license file; the financial responsi-
bility file; the occupational licensing file; or any combination thereof;
and, whether the nongovernmental entity will request mailing address
and/or residence address information.
(13) If residence address information will be requested, the specific
reasons such information will be requested, and the regulation, federal
or state statute, identified by code name and section number, or rule of
court that requires the department to release the residence address infor-
mation.
(14) If mailing address information will be requested, the specific rea-
sons such information will be requested.
Page 28.12
Register 2001, No. 24; 6-15-2001
Title 13
Department of Motor Vehicles
§ 350.22
(15) Whether or not the nongovernmental entity will resell informa-
tion to another preapproved requester.
(J 6) A description of the nongovernmental entity's automated system
design to be used for on-line access and record reproduction when the
application is for on-line access.
(J7) If the applicant is requesting access to residence address or mail-
ing address information, a copy of the procedures established to protect
the confidentiality of the information received from the department as re-
quired by Vehicle Code section 1808.47. The security procedures shall
address at least the extent to which access to the requester code, personal
identification number, and information received from department re-
cords is restricted.
(1 8) The name and title of the person signing the agreement described
in section 350. 1 8 who is responsible for compliance with the statutes and
regulations pertaining to the access and use of information from depart-
ment records, and a description of the person's position within the non-
governmental entity.
(19) The name, title and telephone number of the person to be con-
tacted by the department to resolve problems.
(20) A sworn statement signed and dated by the person described in
subdivision (18) as to the truth of the contents of the application; the pen-
alties for false representation and misuse of information; and, the city,
county and state where the document is executed.
(b) A nongovernmental entity shall notify the department's Informa-
tion Services Branch in Sacramento in writing within ten (10) working
days of any permanent termination of the need for information, or any
change of the information required in subdivision (a).
(c) A nongovernmental entity may have its authorization for access to
residential information deleted by making either a written or verbal re-
quest to that effect to the department. The request will be honored upon
receipt.
NOTE: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section
1798.26, Civil Code. Reference: Sections 1808.21, 1808.22, 1808.23, 1808.47,
1810, 1810.2, 1810.7 and 1811, Vehicle Code; and Section 1798.26, Civil Code.
History
1. Change without regulatory effect renumbering and amending former section
320.16 to section 350.16 filed 7-19-93 pursuant to title 1, section 100, Califor-
nia Code of Regulations (Register 93, No. 30).
2. Amendment filed 6-13-2001 ; operative 7-13-2001 (Register 2001, No. 24).
§ 350.18. Additional Requirements for a Nongovernmental
Application for a Requester Code.
(a) A Commercial Requester Account Agreement, Form INF 1108
(2/91), provided by the department shall be completed and submitted
with the application required in section 350.16.
(b) In addition to provisions contained in this article or in existing stat-
ute, the agreement includes the following provisions:
(1) The agreement is subject to any restrictions, limitations, or provi-
sions enacted by the California State Legislature which may affect the
provisions or terms set forth in the agreement.
(2) The agreement is not assignable by the preapproved requester, ei-
ther in whole or in part, without the prior written consent of the depart-
ment.
(3) The preapproved requester shall not sell or transfer ownership of
a vehicle or vessel if the information received from the files of the depart-
ment indicates a Department of Justice stop ("DOJ STOP"). The preap-
proved requester shall notify the local police regarding the vehicle or ves-
sel whenever the location of the vehicle or vessel is known to the
preapproved requester.
(4) If the preapproved requester receives residence address or mailing
address information from the files of the department, the requester may
release the address information to an agent, other than an employee of the
requester acting on that requester's behalf, if the requester has on file at
the business address listed on the application for a requester code a Secu-
rity Statement, Form INF 1110 (12/90) provided by the department and
signed by the agent.
(5) The requester agree to defend, indemnify and hold harmless the de-
partment and its officers, agents and employees from any and all claims,
actions, damages or losses which may be brought or alleged against the
department, its officers, agents or employees by reason of the negligent,
improper, or unauthorized use or dissemination by the requester or its of-
ficers, agents, or employees, of information furnished to the requester by
the department or by reason of inaccurate information furnished to the
requester by the department unless the requester can show that the depart-
ment was originally furnished accurate information from the reporting
source.
(c) The agreement shall be dated and signed by the person described
in section 350.16(a)(25); and, shall include the city, county, and state
where the document is executed.
NOTE: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section
1798.26,CivilCode.Reference:Sections 1808.21, 1808.47, 1810, 1810.2, 1810.7
and 1811, Vehicle Code; and Section 1798.26, Civil Code.
History
1. Change without regulatory effect renumbering and amending former section
320.18 to section 350.1 8 filed 7-19-93 pursuant to title 1 , section 100, Califor-
nia Code of Regulations (Register 93, No. 30).
§ 350.20. Certifications Required with Nongovernmental
Applications for Access to Residence Address
Information.
(a) If the applicant for a requester code is an agent and is requesting
access to residence addresses, an Information Services Certification of
Agency, Form INF 1184 (2/91), provided by the department, shall be
submitted with the application and shall include the following:
(1) The name, address, telephone number, and the dealer or manufac-
turer license number of the vehicle dealer or vehicle manufacturer certi-
fying the agent.
(2) The name, address, telephone number, and driver's license number
of the agent being certified.
(3) A certification by the vehicle dealer or vehicle manufacturer which
authorizes the applicant to act as an agent for the purpose of obtaining
information from the department pursuant to section 1808.23 of the Ve-
hicle Code.
(4) A signed statement, certified under the penalty of perjury, by the
vehicle dealer or vehicle manufacturer in which the dealer of manufac-
turer agrees to:
(A) Hold the department harmless from any monetary loss to the de-
partment by reason of the use of information obtained from the depart-
ment by the agent; and
(B) Pay to the department, its officers, and any other person(s) all civil
damages occasioned to the department or such persons by reason of the
acts or ommissions by the agent in obtaining information from the De-
partment by means of false or misleading representations, or in selling,
giving, or otherwise furnishing any information obtained from the De-
partment records to any third party not specifically authorized and ap-
proved by the Department.
NOTE: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section
1798.25, Civil Code. Reference: Sections 1808.21, 1808.22, 1808.23, 1810,
1810.2, 1811, and 16053, Vehicle Code. Sections 1798. 24 and 1798.26, Civil
Code; and Cal Jur 3d 109.
History
1 . Change without regulatory effect renumbering and amending former section
320.20 to section 350.20 filed 7-1 9-93 pursuant to title 1, section 100, Califor-
nia Code of Regulations (Register 93, No. 30).
2. Repealer of subsections (a) and (b), subsection relettering, and amendment of
newly designated subsection (a) filed 6-13-2001 ; operative 7-1 3-2001 (Regis-
ter 2001, No. 24).
§ 350.22. Fees Required with an Application for a
Nongovernmental Requester Code.
(a) A filing fee of two hundred and fifty dollars ($250) shall accompa-
ny an original application and each biennial renewal application for a re-
quester account when the applicant is requesting and is authorized by law
to receive confidential residence address information. Applicants not au-
thorized to receive, or not requesting, confidential residence address in-
formation shall submit a filing fee of fifty ($50) with the original applica-
tion and with each biennial renewal application.
(b) If the application is for an on-line access special permit, a filing fee
of two hundred and fifty dollars ($250) shall accompany an original ap-
plication and each biennial renewal application.
Page 28.13
Register 2005, No. 30; 7-29-2005
§ 350.24
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
NOTE: Authority cited: Sections 1651 and 1810. Vehicle Code; and Section
1798.26, Civil Code. Reference: Sections 1808.21, 1808.22, 1808.23. 1810,
1810.2, 1810.7 and 181 1, Vehicle Code; and Section 1798.26, Civil Code.
History
1 . Change without regulatory effect renumbering former section 320.22 to section
350.22 filed 7- 19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
2. Editorial correction of subsection (a) (Register 95. No. 43).
3. Amendment tiled 6-13-2001 ; operative 7-13-2001 (Register 2001, No. 24).
§ 350.24. Bond Requirements for a Commercial Requester
Account with Access to Confidential Address
Information.
(a) The bond required by Vehicle Code section 1 810.2(c) shall be ex-
ecuted by an admitted surety insurer, on a Commercial Requester Ac-
count Bond, form INF 1132 (REV. 9/2004), which is hereby incorpo-
rated by reference and subject to chapter 2 (commencing with section
995.01 0), title 14, of part 2 of the Code of Civil Procedure. The bond shall
be conditioned that the applicant shall:
(1) Pay to the State monies due for application fees and department
costs related to the release or access of information from DMV records
to the Principal; and
(2) Pay for any loss or damage to the State, the department, its officers,
and employees arising from the use of the requester account including:
(A) Obtaining information from the department by means of false or
misleading representations,
(B) Using information obtained from the department for any purpose
different from the purpose specified in the Principal's application for a
Commercial Requester Account, and
(C) Selling, giving, or otherwise furnishing any information obtained
from department records to any third party not specifically authorized
and approved by the department.
(b) The bond requirement of this section shall be the only financial se-
curity required of an on-line access permit holder pursuant to Vehicle
Code section 1810.7(d).
(c) The commercial requester account holder shall not access confi-
dential address information pursuant to Vehicle Code section 1810.2
when the bond falls below fifty thousand dollars ($50,000) or after the
effective date of revocation or cancellation by the surety pursuant to sec-
tion 996.310 of the Code of Civil Procedure without the filing of an ade-
quate replacement bond. The commercial requester account holder may
access confidential address information when the liability on the bond is
at fifty thousand dollars ($50,000) or an adequate replacement bond has
been filed with the department.
NOTE: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section
1798.26, Civil Code. Reference: Sections 1808.21, 1808.22, 1808.23, 1808.45,
1808.46, 1808.47. 1810, 1810.2, 1810.7 and 1811, Vehicle Code; and Section
1798.26, Civil Code.
History
1 . Change without regulatory effect renumbering former section 320.24 to section
350.24 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
2. Amendment of subsection (a) filed 6-1 3-2001 ; operative 7-13-2001 (Register
2001, No. 24).
3. Amendment of section heading, section and Note filed 7-27-2005; operative
8-26-2005 (Register 2005, No. 30).
§ 350.26. Assignment of Commercial Requester Accounts,
Requester Codes, and Personnel Identification
Numbers to Nongovernmental Entities.
(a) Any nongovernmental entity submitting an application which is
approved shall be issued a Commercial Requester Account number, one
or more requester codes, and a personal identification number. Requester
codes shall be assigned which permit access to information in accordance
with the approved application.
(b) Requester codes shall be issued for a period of two years from the
date of application approval and may be renewed upon each biennial
application for additional periods of two years each.
(c) Any nongovernmental entity submitting an application which is
disapproved shall not be issued the numbers and codes described in sub-
division (a), and shall be notified in writing by the department of such dis-
approval and the reasons therefor.
NOTE: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section
1798.26. Civil Code. Reference: Sections 1808.21, 1808.22. 1808.45, 1808.46.
1808.47, 1810. 1810.2, 1810.7 and 181 1, Vehicle Code; Section 1798.26, Civil
Code; and Section 1, Ch. 1213, Stats. 1989.
History
1 . Change without regulatory effect renumbering former section 320.26 to section
350.26 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 350.28. Nongovernmental Requester Code Holder's
Request for Information.
(a) A nongovernmental requester code holder's request, including an
on-line access request, for information must include a requester code is-
sued to the requester and, if acting on behalf of another, a requester code
issued to the end user of the information. If the request is made by tele-
phone or in person, the personal identification number of the requester
code holder making the request may be required. The request must also
include one or more of the following points of identification of the re-
cord:
(1) For vehicle registration information the points of identification in-
clude the license plate number, or the vehicle identification number or the
owner's name and full address. If the request is made in conjunction with
a vehicle lien sale the points of identification shall include the vehicle
identification number, make, and year model of the vehicle being sold.
(2) For vessel registration information the points of identification in-
clude the vessel registration number or hull number.
(3) For driver's license or identification card information the points of
identification include either the full name and date of birth, or the full
name and driver's license or identification card number.
(4) For financial responsibility information the points of identification
include the date, time and location of accident; the full name of either
driver involved; the driver's license number of either driver; the license
plate number of a vehicle involved; the financial responsibility number
assigned by the department; or any combination thereof.
(5) For occupational licensing information the points of identification
include the full name of the licensee, the name under which the licensee
does business, or the occupational license number.
(b) If the end user of information that includes a residence address is
a financial institution, the financial institution must determine before
submitting the request, either that it has obtained a written waiver of the
right to confidentiality of residence address signed by the individual
about whom the information is requested, or that such individual is pres-
ently obligated to the financial institution under an agreement that was
executed prior to July 1, 1990.
(c) If the end user of information that includes a residence address is
an insurance company, the insurance company must determine before
submitting the request, that it obtained a written waiver of the right to
confidentiality of residence address signed by the individual about whom
the information is requested; that such individual is presently insured un-
der a policy, and that a named insured under that policy signed such a
written waiver; or that such individual was involved in an accident with
a person who is insured by the end user.
(d) If the end user of information that includes a residence address is
an attorney, the attorney must determine before submitting the request,
that the request is pursuant to section 1808.22(c) of the Vehicle Code.
(e) If the end user of the information that includes a residence address
is a vehicle manufacturer or a vehicle manufacturer' s agent, the manufac-
turer or the agent must determine before submitting the request, that the
request is pursuant to section 1808.23(a) of the Vehicle Code.
(f) If the end user of the information that includes a residence address
is a vehicle dealer or a vehicle dealer' s agent, the dealer or the agent must
determine before submitting the request, that the request is pursuant to
section 1808.23(b) of the Vehicle Code.
(g) If the end user of the information that includes a residence address
is requesting the information as permitted under subdivision (h) of sec-
tion 1798.24 of the Civil Code, the requester must determine before sub-
Page 28.14
Register 2005, No. 30; 7-29-2005
Title 13
Department of Motor Vehicles
§ 350.36
•
mitting the request, that no persons will be contacted by mail or otherwise
at the address included with the information.
(h) If the end user of information that includes a residence address is
not requesting the residence address information pursuant to section
J 808.22 or 1 808.23 of the Vehicle Code, the end user must cite a federal
or state statute, regulation, or rule of court that specifically requires the
department to release the residence address information from its records.
NOTE: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section
1798.26, Civil Code. Reference: Sections 1808.21, 1808.22, 1808.23, 1808.45,
1808.46, 1808.47, 1810, 1810.2 and 181 1, Vehicle Code; Section 1798.26, Civil
Code; and Section 1, Ch. 1213. Stats. 1989.
History
1. Change without regulatory effect renumbering and amending former section
320.28 to section 350.28 filed 7-19-93 pursuant to title 1, section 100, Califor-
nia Code of Regulations (Register 93. No. 30).
2. Amendment of subsections (b), (c) and (h) filed 6-13-2001; operative
7-13-2001 (Register 2001, No. 24).
§ 350.30. Priority for Processing Nongovernmental
Requests.
Nongovernmental requests for information shall be processed in ac-
cordance with the following priority:
(a) Departmental processing.
(b) Governmental request processing.
(c) Nongovernmental request processing.
NOTE: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section
1798.26. Civil Code. Reference: Sections 1810, 1810.7 and 1811, Vehicle Code;
and Section 1798.26, Civil Code.
History
1 . Change without regulatory effect renumbering former section 320.30 to section
350.30 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 350.32. Release of Information to Commercial Requester
Account Holder.
(a) Information may be released to a Commercial Requester Account
holder as soon as the information request is processed and without notice
to the person to whom the information relates.
(b) Residence address information shall be deleted from copies of non-
electronically stored records before such copies may be released to any
person not authorized access to residence address information. Copies of
nonelectronically stored records shall not be released to those entities de-
fined as the public pursuant to section 350.02(o).
NOTE: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section
1798.26, Civil Code. Reference: Section 1810, Vehicle Code; and Section
1798.26, Civil Code.
History
1. Change without regulatory effect renumbering and amending former section
320.32 to section 350.32 filed 7-19-93 pursuant to title 1, section 100, Califor-
nia Code of Regulations (Register 93, No. 30).
§ 350.34. Additional Security Requirements for On-Line
Access.
On-line access special permit holders shall be responsible for security
of the system and the information received as follows:
(a) When access to address information is authorized, terminal or mo-
dems shall not be left unattended unless secured by a locking device or
placed in a locked room.
(b) Video terminals, printers, or other forms of information duplica-
tion shall be placed so that address information may not be viewed by the
public.
(c) Access to codes and operational manuals shall be restricted to per-
sons authorized access to department information, and who have signed
an Employee Security Statement, Form INF 1 128 (3/97), provided by the
department.
(d) Each person authorized on-line access by a special permit holder
shall sign an Employee Security Statement, Form INF 1 128 (3/97) for his
or her employer. The statement shall be retained by the employer for a
period of two (2) years. A new statement shall be signed annually.
(e) The special permit holder shall maintain at the business address
listed on its application a current list of the names of persons authorized
access to department information. The list shall be initialed and dated by
each authorized employee.
(f) The special permit holder shall notify the department's Office of
Information Services in Sacramento, in writing, by the end of the next
business day following the termination of authority of any person to ac-
cess department information. The special permit holder shall maintain a
list of the names of persons whose authority to access information was
terminated and the reason for the termination. Names shall not be purged
from the list for a period of at least two (2) years from the date of termina-
tion. The list shall be available for inspection by the department at the
business address listed on the permit holder's application, during normal
business hours, on one business day's notice from the department.
(g) If the special permit holder suspects any misuse of the system or
department information by any person, the suspicion shall be reported to
the department's Office of Information Services by telephone immedi-
ately, and in writing within three (3) days.
(h) The special permit holder shall be responsible for administering the
terms and conditions of the permit agreement and department regulations
in this article, and for the orientation, training, and supervision of persons
authorized on-line access pursuant to the permit.
NOTE: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section
1798.26, Civil Code. Reference: Sections 1810, 1810.7 and 181 1, Vehicle Code;
and Section 1798.26, Civil Code.
History
1 . Change without regulatory effect renumbering former section 320.34 to section
350.34 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
2. Amendment of subsections (c) and (d) tiled 6-13-2001 ; operative 7-13-2001
(Register 2001, No. 24).
§ 350.36. Casual Requests for Information.
(a) A casual requester may submit a request for information in person
or by mail at any office of the department. The request shall be made in
writing and shall include the following information:
(1) The name of the requester.
(2) The residence or business address and telephone number of the re-
quester.
(3) The reason the information is requested.
(4) The intended use of the information requested.
(5) If residence address information is requested, the specific reasons
such information is being requested, and the regulation, federal or state
statute, identified by code name and section number, or rule of court that
requires the department to release the residence address information.
(6) If mailing address information is requested, the reason such infor-
mation is being requested. Acceptable reasons are for use in connection
with assessment of driver risk or ownership of vehicles or vessels.
(b) Whether submitted by mail or in person, a casual requester's re-
quest for information must include the following points of identification
of the record requested.
(1) For vehicle registration information the points of identification
may be the license plate number or vehicle identification number; or the
owner's name and full address. If the request is made in conjunction with
a vehicle lien sale the points of identification shall include the vehicle
identification number, make, and year model of the vehicle being sold.
(2) For vessel registration information the points of identification may
be the vessel registration number or hull number.
(3) For driver's license or identification card information the points of
identification may be either the full name and date of birth or the full
name and driver' s license number or the full name and identification card
number.
(4) For financial responsibility information the points of identification
may be the date, time and location of accident; the full name of either
driver involved; the driver's license number of either driver; the license
plate number of a vehicle involved; the financial responsibility number
assigned by the department; or any combination thereof.
(5) For occupational licensing information the points of identification
may be the full name of the licensee; the name under which the licensee
Page 28.15
Register 2002, No. 39; 9-27-2002
§ 350.38
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
does business, the occupational license number, or any combination
thereof.
NOTE: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section
1798.26, Civil Code. Reference: Section 1798.26, Civil Code: Sections 1808.21,
1808.22, 1808.23, 1808.45, 1808.46, 1808.47, 1810, 1810.2 and 1811, Vehicle
Code; and Section 1, Ch. 1213, Stats. 1989.
History
1. Change without resulatory effect renumbering and amending former section
320.36 to section 350.36 filed 7-19-93 pursuant to title 1. section 100, Califor-
nia Code of Regulations (Register 93, No. 30).
2. Amendment of section heading and subsections (a) and (a)(5), repealer of sub-
section (a)(5)(A) and amendment of subsection (b) filed 6-13-2001; operative
7-13-2001 (Register 2001, No. 24).
§ 350.38. Identification of Casual Requesters.
(a) No request for information made in person by a casual requester
shall be processed until the requester's true identity is established to the
satisfaction of the department. Acceptable evidence of identification
shall be:
(1) A valid California driver's license.
(2) A valid California identification card.
(3) A valid foreign state driver's license.
(4) Any other identification cards issued by a governmental agency.
(5) A valid California State Bar membership card.
(b) No request for information submitted by mail by a casual requester
shall be processed until the requester's true identity is established to the
satisfaction of the department. Acceptable evidence of identification
shall be:
(1) The number of the requester's valid California driver's license.
(2) The number of the requester's valid California identification card.
(3) The number of the requester's valid foreign state driver's license.
(4) The number and identity of the requester' s valid identification doc-
ument issued by a governmental entity.
(5) The number of the requester's valid California State Bar member-
ship card.
NOTE: Authority cited: Section 1798.26, Civil Code; Section 1651, Vehicle Code.
Reference: Section 1798.26, Civil Code; Sections 1808.21, 1801.22, 1808.45,
1808.46. 1808.47, 1810, 1810.2 and 1811, Vehicle Code; Section 1, Ch. 1213,
Stats. 1989.
History
1 . Change without regulatory effect renumbering former section 320.38 to section
350.38 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regu-
lations (Register 93, No. 30).
2. Amendment of section heading and subsections (a) and (b) filed 6-1 3-2001 ; op-
erative 7-13-2001 (Register 2001, No. 24).
§ 350.40. Release of Information to Casual Requester.
(a) Information may be released to a casual requester either in person
or by mail and as soon as the information request is processed if the re-
quester is properly identified and is acting in the course of employment
for a governmental entity.
(b) Information may be released to a casual requester either in person
or by mail and as soon as the information request is processed if the re-
quester is properly identified and has satisfied the department that the in-
formation is required without delay to comply with a regulation, rule of
court or federal or state statute, and the applicant has furnished the infor-
mation required by section 350.36(a)(5).
(c) Information may be released to a casual requester who is requesting
information pursuant to section 1808.22(a), 1808.22(b), 1808.22(c),
1808.23(a), 1808.23(b), or 1808.23(c), either in person or by mail, and
as soon as the information request is processed provided that the appli-
cant has furnished the department with the information required or by the
specific subdivision which permits the request.
(d) Information may be released to a casual requester either in person
or by mail and as soon as the information request is processed if the re-
quester is properly identified and has satisfied the department that the in-
formation is from applicant's own record or from the record of a spouse
or minor child when the department's record reflects the same residence
address for the subject of record and the requester.
(e) Except as provided in subdivisions (a), (b), (c), and (d) information
shall be released by mail to a casual requester, but not until ten ( 1 0) work-
ing days from the date the request is received at the department's In-
formation Services Branch. Whether or not release of the information is
delayed, the department shall furnish the person to whom the information
relates with the name of the person making the request and the identity
of the information requested. The address of the person requesting the in-
formation shall not be disclosed to the person to whom the information
relates.
(f) If, during the ten (10) day period referred to in subdivision (e), the
department's Office of Information Services receives a written objection
to the release of the information from the person to whom the information
relates, the department may further delay the release of the information
for as long as is necessary to evaluate the objection. If the department de-
termines that the public interest in withholding the information out-
weighs the public interest in releasing the information, then the informa-
tion shall not be released. If the information is not released, both the
requester and the person to whom the information relates shall be noti-
fied, in writing, about the decision to withhold the information. If the de-
partment determines that the public interest in releasing the information
outweighs the public interest in withholding the information, the infor-
mation shall be released but only after the person making the objection
is notified that the department intends to release the information.
(g) Whether the request for information is received by mail or in per-
son, the information approved for release to a casual requester may be
mailed to the requester at the address furnished by the requester.
(h) Residence address information shall be deleted from copies of non-
electronically stored records before such copies may be released to any
person other than a governmental entity. Copies of nonelectronically
stored records shall not be released to those entities defined as the public
pursuant to section 350.02(o).
NOTE: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section
1798.26, Civil Code. Reference: Sections 1808.47, 1810, 1810.7, 1811, 1808.22
and 1808.23, Vehicle Code; Section 1 798.26, Civil Code; Section 6255, Govern-
ment Code; and Section 1, Ch. 1213, Stats. 1989.
History
1 . Change without regulatory effect renumbering and amending former section
320.40 to section 350.40 filed 7-1 9-93 pursuant to title 1 , section 100, Califor-
nia Code of Regulations (Register 93, No. 30).
2. Amendment of section heading and subsections (a)-(e) and (g) filed
6-13-2001; operative 7-13-2001 (Register 2001, No. 24).
§ 350.42. Use of Information.
Any use of the information for a purpose other than the use stated in
the approved application for a requester code or in the approved informa-
tion request is prohibited.
NOTE: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section
1798.26, Civil Code. Reference: Sections 1808.21, 1808.22, 1808.45, 1808.46,
1 808.47, 1 810. 1 81 0.7 and 1 81 1 , Vehicle Code; Section 1798.26, Civil Code; and
Section l,Ch. 1213, Stats. 1989.
History
1 . Change without regulatory effect renumbering former section 320.42 to section
350.42 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 350.44. Cost of Information.
(a) Information shall be furnished to a governmental entity without
charge.
(b) Nongovernmental Commercial Requester Account holders shall
be charged for information according to the following schedule:
(1) Two dollars ($2) for each record requested electronically.
(2) Five dollars ($5) for each record requested in writing or by tele-
phone.
(3) Twenty dollars ($20) for each copy of a nonelectronically stored
record.
(4) One hundred dollars ($100) per thousand records for a bulk request
for all records which meet a specified criteria not related to a specific per-
son or vehicle.
(c) Casual requesters shall be charged for information according to the
following schedule:
Page 28.16
Register 2002, No. 39; 9-27-2002
Title 13
Department of Motor Vehicles
§ 350.52
•
(J) Five dollars ($5) for each computer printout.
(2) Twenty dollars ($20) for each copy of a nonelectronically stored
record.
(3) One hundred dollars ($1 00) per thousand records for a bulk request
for all records which meet a specified criteria not related to a specific per-
son or vehicle.
NOTE: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section
1798.26, Civil Code. Reference: Sections 1810, 1811 and 1812, Vehicle Code:
and Section 1798.26, Civil Code.
History
1 . Change without regulatory effect renumbering former section 320.44 to section
350.44 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
2. Amendment of subsection (c) filed 6-1 3-2001 ; operative 7-1 3-2001 (Reeister
2001, No. 24).
3. Amendment of section and Note filed 4-29-2002 as an emergency; operative
4-29-2002 (Register 2002, No. 1 8). A Certificate of Compliance must be trans-
mitted to OAL by 8-27-2002 or emergency language will be repealed by opera-
tion of law on the following day.
4. A court order issued 7-3-2002 invalidated application of the amendment of
4-29-2002 to commercial requesters for electronic access to drivers' license in-
formation {Personal Insurance Federation of California el al. v. California De-
partment of Motor Vehicles, Sacramento County Superior Court, Case No.
02CS00702).
5. Certificate of Compliance as to 4-29-2002 order transmitted to OAL
8-12-2002; withdrawn by Department of Motor Vehicles 9-23-2002. Rein-
statement of section and Note as they existed prior to 4-29-2002 emergency
amendment by operation of law 9-24-2002 (Register 2002, No. 39).
§ 350.46. Payment for Information.
(a) Nongovernmental Commercial Requester Account holders shall
be billed monthly, in arrears, for information requested by the Commer-
cial Requester Account holder and processed by the department. The bill
shall be payable, in full, upon receipt. If any amount remains unpaid sixty
(60) days after the invoice date, the Commercial Requester Account
holder's requester codes shall be revoked unless the Commercial Re-
quester Account holder disputes the amount of the bill, in writing, within
thirty (30) days of the invoice/date. If the amount of the bill is disputed,
the Commerical Requester Account holder's requester codes shall not be
revoked until thirty (30) days after the department confirms the amount
of any disputed bill and rebills the Commercial Requester Account hold-
er.
(b) Casual requesters shall pay in cash, money order, or check at the
time the request for information is submitted to the department.
NOTE: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section
1798.26, Civil Code. Reference: Sections 1810 and 1811, Vehicle Code; and Sec-
tion 1798.26, Civil Code.
History
1 . Change without regulatory effect renumbering former section 320.46 to section
350.46 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
2. Amendment of subsection (b) filed 6-13-2001 ; operative 7-13-2001 (Register
2001, No. 24).
§ 350.48. Retention of Records.
(a) The department shall retain a record of each request for information
from a casual requester for a period of ninety (90) days from the date the
request is received, and from a preapproved requester for a period of two
(2) years for the date the request is received. The record retained may in-
dicate whether the request was granted, in whole or in part, and may iden-
tify the information released, if any.
(b) Each requester code holder authorized to resell information to
another requester shall maintain a monthly record of each request for in-
formation for a period of five (5) years from the date of the request, show-
ing the date of the date of the request, the type of information requested
(vehicle or vessel registration, drivers license, financial responsibility, or
occupational licensing), the identity of the end user including indirect re-
questers, and identify the proposed use of information as approved by the
department, in that order.
(c) Each requester code holder who is requesting or receiving confi-
dential information, but who is not reselling the confidential information,
shall maintain a monthly record of each request for information for a peri-
od of two (2) years from the date of the request, showing the date of the
request, the requester code of the person making the request to the depart-
ment, the type of information requested (vehicle or vessel registration,
drivers license, financial responsibility, or occupational licensing),
points of identification used for the request (e.g., license number and date
of birth), and the purpose of the request, in that order.
NOTE: Authority cited: Section 1 798.26, Civil Code; Sections 1 65 1 and 1 8 1 0, Ve-
hicle Code. Reference: Section 1798.26, Civil Code; Sections 1808.46, 1810 and
1811. Vehicle Code; and Driver's Privacy Protection Act (18 U.S.C., Section
2721).
History
1 . Change without regulatory effect renumbering former section 320.48 to section
350.48 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regu-
lations (Register 93, No. 30).
2. Amendment of section and Note filed 6-13-2001 ; operative 7-1 3-2001 (Reg-
ister 2001, No. 24).
§ 350.50. Inspection of Records.
(a) Each requester code holder shall keep the records retained pursuant
to sections 350.48 and 350.1 8(b)(4) at the business address listed on the
requester code holder's application for a requester code.
(b) The place of business shall be open to an electronic or manual audit
of the records required to be retained during normal business hours, im-
mediately upon request from the department or the department's repre-
sentative.
NOTE: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section
1 798.26, Civil Code. Reference: Sections 1808.46. 1 810 and 1 81 1 , Vehicle Code;
and Section 1798.26, Civil Code.
History
1. Change without regulatory effect renumbering and amending former section
320.50 to section 350.50 filed 7-1 9-93 pursuant to title 1 , section 1 00, Califor-
nia Code of Regulations (Register 93, No. 30).
2. Amendment of subsection (b) filed 6-13-2001 ; operative 7-13-2001 (Register
2001, No. 24).
§ 350.52. Refusal, Suspension or Revocation of Requester
Codes.
(a) The department may suspend or revoke a requester code or an on-
line access special permit, may refuse to issue a requester code or on-line
access special permit, or may refuse to approve access to confidential ad-
dress information, after notice and opportunity to be heard, for any of the
following reasons:
(1) The application is incomplete.
(2) The applicant requests access to residence address information
when not authorized such access pursuant to statute, regulation, or rule
of court.
(3) Based on the applicant's stated purpose for requesting information,
the department determines that the public interest in withholding the in-
formation outweighs the public interest in releasing the information.
(4) The information on the application for a requester code is incorrect,
false, misleading, or identifies an intended misuse of the information re-
quested.
(5) The applicant, or a representative of the applicant, was previously
the holder or a managerial employee of the holder of a requester code re-
voked for cause and never reissued by the department, or suspended for
cause and the terms of the suspension are not fulfilled. For the purposes
of this subdivision, a representative means a proprietor, limited or gener-
al partner, a managerial employee, or a director or officer active in the
management, direction, or control of the business of the requester code
holder. A managerial employee is any person who exercises managerial
control over the business of a requester code holder.
(6) The holder, or any employee of the holder, used information re-
ceived from the department for a purpose other than the purpose stated
in the holder's application for a requester code.
(7) The bond required pursuant to section 350.24 is canceled and a re-
placement bond is not filed with the department prior to the cancellation.
(8) The holder submitted a check, draft, or money order to the depart-
ment, that was thereafter dishonored when presented for payment.
(9) The holder sold or otherwise delivered information obtained from
the department to a person other than the requester code holder for whom
Page 28.17
Register 2002, No. 39; 9-27-2002
§ 350.53
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
the information was obtained except as provided for in section
350.18(b)(6).
(10) The holder failed to pay for information received from the depart-
ment.
(11) The holder or any representative of the holder represented to any
person that the holder or such representative as an officer, agent or em-
ployee of the department.
(12) The holder published any false or misleading advertising related
to the purchase of information from the department.
(13) The holder used the DMV logogram in any advertising or other
materials used in the business of the holder. If the holder uses the DMV
logogram in any advertising, the advertising shall neither state nor infer
that there is any official connection between DMV and the advertiser or
that DMV has sanctioned or approved of either the advertisement or the
advertiser's services.
(14) The holder violated any of the provisions contained in this article.
(b) The notice and hearing provided for in this section shall be con-
ducted pursuant to chapter 5 (commencing with section 11500) of part
1 of division 3 of title 2 of the Government Code.
(c) This section shall remain in effect only until October 1, 2000, and
as of that date is repealed.
(d) From October 1 , 1998 through September 30, 2000, provisions of
this section shall apply only to requester codes issued or renewed on or
before October 1, 1998.
NOTE: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section
1798.26, Civil Code. Reference: Sections 1808.21, 1808.22, 1808.23, 1808.45,
1808.46, 1808.47, 1810, 1810.2 and 1811, Vehicle Code; Section 1798.26, Civil
Code: and Section l,Ch. 1213, Stats. 1989.
History
1. Change without regulatory effect renumbering and amending former section
320.52 to section 350.52 filed 7-19-93 pursuant to title 1, section 100, Califor-
nia Code of Regulations (Register 93, No. 30).
2. New subsections (c) and (d) filed 8-31-98; operative 9-30-98 (Register 98, No.
36).
§ 350.53. Surrender of Records.
(a) Upon termination of a requester account agreement, the holder
shall surrender to the department all records retained pursuant to sections
350.48 and 350.18(b)(4). The records shall be delivered to the depart-
ment's Office of Information Services in Sacramento not later than the
end of the third departmental business day following the date of termina-
tion of the agreement.
(b) Whenever notification is made pursuant to section 350.16(b) of
any permanent determination of the need for information, all records re-
tained pursuant to sections 350.18(b)(4) and 350.48 shall be delivered
with the notification to the department's Office of Information Services
in Sacramento.
(c) The department shall provide a no fee copy of the surrendered re-
cords to the account holder not later than 60 days from the date of surren-
der, provided that the account holder requests a copy, in writing, at the
time of surrender.
NOTE: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section
1798.26, Civil Code. Reference: Sections 1810, 1810.2 and 1810.7, Vehicle Code;
and Section 1798.26, Civil Code.
History
1. Change without regulatory effect renumbering and amending former section
320.53 to section 350.53 filed 7-19-93 pursuant to title 1, section 100, Califor-
nia Code of Regulations (Register 93, No. 30).
2. Amendment of subsection (a) filed 8-31-98; operative 9-30-98 (Register 98,
No. 36).
§ 350.54. Temporary Suspension of a Requester Code.
(a) The department may, pending a hearing, temporality suspend the
requester code issued to any person, for a period not to exceed thirty (30)
days, if the director finds that such action is required in the public interest.
In any such case the director shall give the requester code holder an op-
portunity to appear before the director, either in person or by telephone
to argue informally against the temporary suspension. If the director sus-
tains the temporary suspension, the hearing shall be held and the decision
rendered within thirty (30) days of the date of the temporary suspension.
(b) This section shall remain in effect only until October 1, 2000, and
as of that date is repealed.
(c) From October 1 , 1998 through September 30, 2000, provisions of
this section shall apply only to requester codes issued or renewed on or
before October 1, 1998.
NOTE: Authority cited: Sections 1651 and 1810, Vehicle Code; and Section
1798.26. Civil Code. Reference: Sections 1808.21, 1808.22, 1808.45, 1808.46,
1808.47. 1810, 1810.2 and 1811, Vehicle Code; Section 1798.26, CivilCode; and
Section l,Ch. 1213. Stats. 1989.
History
1. Change without regulatory effect renumbering former section 320.54 to section
350.54 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regu-
lations (Register 93, No. 30).
2. New subsection (a) designator and new subsections (b) and (c) filed 8-31-98;
operative 9-30-98 (Register 98, No. 36).
§ 400.00. Licenses.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 1651,
11100, 11104, 11105 and 11105.5, Vehicle Code.
History
1. Renumbering of section 400.05 to section 400.00 and amendment filed
10-4-77; effective thirtieth day thereafter (Register 77, No. 4 1 ). For former sec-
tion 400, see Register 68, No. 26.
2. Amendment filed 1-18-83; effective thirtieth day thereafter (Register 83. No.
4).
3. Change without regulatory effect renumbering former section 400.00 to section
340.00 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regu-
lations (Register 93, No. 30).
§400.10. Applications.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 1652,
11100, 11102, 11102.5, 11104, 11105, 11105.1 and 11105.5, Vehicle Code.
History
1 . Amendment filed 10-4-77; effective thirtieth day thereafter (Register 77, No.
41).
2. New Note filed 1-1 8-83; effective thirtieth day thereafter (Register 83, No. 4).
3. Amendment filed 4-18-85; effective thirtieth day thereafter (Register 85, No.
16).
4. Change without regulatory effect renumbering former section 400. 1 0 to section
340.10 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 400.15. Insurance Requirements.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 1652
and 11103, Vehicle Code.
History
1. Amendment filed 1-18-83; effective thirtieth day thereafter (Register 83, No.
4).
2. Change without regulatory effect renumbering former section 400.15 to section
340.15 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 400.20. Place of Business.
NOTE: Authority cited: Sections 1651 and 11113, Vehicle Code. Reference: Sec-
tions 320, 1651, 11102, 11105.2 and 1 1 11 3, Vehicle Code.
History
1. Amendment filed 10-4-77; effective thirtieth day thereafter (Resister 77, No.
41).
2. Amendment filed 1—18—83; effective thirtieth day thereafter (Register 83, No.
4).
3. Change without regulatory effect renumbering former section 400.20 to section
340.20 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 400.25. Driver Education Courses for Minors.
NOTE: Authority cited: Sections 1651 and 11113, Vehicle Code. Reference: Sec-
tion 11113, Vehicle Code.
History
1 . Repealer and new section filed 10-4-77; effective thirtieth day thereafter (Reg-
ister 77, No. 41).
2. Amendment filed 1-18-83; effective thirtieth day thereafter (Register 83. No.
4).
3. Change without regulatory effect renumbering former section 400.25 to section
340.25 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 400.27. Certificates of Completion for Minors.
NOTE: Authority cited: Sections 1651 and 11113, Vehicle Code. Reference: Sec-
tions 1652, 1 1 108, 1 1 1 13 and 12507, Vehicle Code.
History
1. New section filed 10-4-77; effective thirtieth day thereafter (Register 77, No.
41).
•
Page 28.18
Register 2002, No. 39; 9-27-2002
Title 13
Department of Motor Vehicles
§ 400.40
2. Amendment filed 1-18-83; effective thirtieth day thereafter (Register 83, No.
4).
3. Amendment filed 4-18-85; effective thirtieth day thereafter (Register 85, No.
16).
4. Change without regulatory effect renumbering former section 400.27 to section
340.27 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 400.30. Equipment.
NOTE: Authority cited: Sections 1651 and 1 1113, Vehicle Code. Reference: Sec-
tions 1 1 102 and 1 1 109, Vehicle Code.
History
1. Amendment filed 10-4-77; effective thirtieth day thereafter (Register 77, No.
41).
2. Amendment filed 1-18-83; effective thirtieth day thereafter (Register 83, No.
3. Change without regulatory effect renumbering former section 400.30 to section
340.30 filed 7-1 9-93 pursuant to title 1 , section 1 00, California Code of Regu-
lations (Register 93, No. 30).
§ 400.40. Advertising.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 11110,
Vehicle Code.
[The next page is 28.19.]
Page 28.18(a)
Register 2002, No. 39; 9-27-2002
Title 13
Department of Motor Vehicles
§ 401.22
HISTORY
1. Amendment filed 1CM-77; effective thirtieth day thereafter (Register 77, No.
41).
2. Amendment filed 1-18-83; effective thirtieth day thereafter (Reeister 83. No.
4).
3. Change without regulatory effect renumbering former section 400.40 to section
340.40 filed 7-19-93 pursuant to title 1. section 100, California Code of Regu-
lations (Register 93. No. 30).
§ 400.45. Instruction.
NOTE: Authority cited: Sections 1651 and 1 1 1 13, Vehicle Code. Reference: Sec-
tions 11113 and 12507, Vehicle Code; and Section 51220, Education Code.
History
1. New section filed 10-4-77; effective thirtieth day thereafter (Register 77, No.
41).
2. Amendment filed 1-18-83; effective thirtieth day thereafter (Register 83, No.
4).
3. Change without regulatory effect renumbering former section 400.45 to section
340.45 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 401 .00. Subject Matter of Driving Instructor Training
Course.
NOTE: Authority cited: Sections 1651 and 1 1 113, Vehicle Code. Reference: Sec-
tions 11102.5, 11 104 and 111 13, Vehicle Code.
History
1 . New section filed 8-17-73; effective thirtieth day thereafter (Register 73, No.
33).
2. Amendment of Note filed 1-1 8-83; effective thirtieth day thereafter (Register
83, No. 4).
3. Change without regulatory effect renumbering former section 401 .00 to section
342.00 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 401 .01 . Length of Driving Instructor Training Course.
NOTE: Reference: Sections 11 102.5 and 11 104, Vehicle Code.
History
1. New section filed 8-17-73; effective thirtieth day thereafter (Register 73, No.
33).
2. Amendment filed 10-4-77; effective thirtieth day thereafter (Register 77, No.
41).
3. Repealer filed 1-18-83; effective thirtieth day thereafter (Register 83, No. 4).
§ 401 .02. Departmental Approval of Instructor Training
Course.
NOTE: Authority cited: Sections 1651 and 1 1113, Vehicle Code. Reference: Sec-
tion 11113, Vehicle Code.
History
1. New section filed 8-17-73; effective thirtieth day thereafter (Register 73, No.
33).
2. Amendment filed 10-4-77; effective thirtieth day thereafter (Register 77, No.
41).
3. Amendment of Note filed 1-1 8-83; effective thirtieth day thereafter (Register
83, No. 4).
4. Change without regulatory effect renumbering former section 401 .02 to section
342.02 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 401 .03. Course Monitoring by Department.
NOTE: Authority cited: Sections 1651 and 1 1 1 13, Vehicle Code. Reference: Sec-
tions 1651 and 11113, Vehicle Code.
History
1 . New section filed 8-1 7-73; effective thirtieth day thereafter (Register 73, No.
33).
2. Amendment of Note filed 1-18-83; effective thirtieth day thereafter (Register
83, No. 4).
3. Change without regulatory effect renumbering former section 401 .03 to section
342.03 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 401 .04. Proof of Satisfactory Completion.
NOTE: Authority cited: Sections 1651 and 11113, Vehicle Code. Reference: Sec-
tions 1 1 104 and 1 1 1 13, Vehicle Code.
History
1. New section filed 8-17-73; effective thirtieth day thereafter (Register 73, No.
33).
2. Amendment filed 10-4-77; effective thirtieth day thereafter (Register 77, No.
41).
3. Amendment of Note filed 1-18-83; effective thirtieth day thereafter (Register
83, No. 4).
4. Change without regulatory effect renumbering former section 401 .04 to section
342.04 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 401.05. Continuing Professional Education.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 1 1 105
and 11105.1, Vehicle Code.
History
1 . New section filed 10-4-77; effective thirtieth day thereafter (Register 77, No.
41).
2. New Note filed 1-1 8-83; effective thirtieth day thereafter (Register 83, No. 4).
3. Amendment filed 4-18-85; effective thirtieth day thereafter (Register 85, No.
16).
4. Change without regulatory effect renumbering former section 401 .05 to section
342.05 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§401.10. Definition.
NOTE: Authority cited: Sections 12660 and 12661, Vehicle Code. Reference: Sec-
tion 12660, Vehicle Code.
History
1. New section filed 1-16-90; operative 2-15-90 (Register 90, No. 4).
2. Change without regulatory effect renumbering former section 401 .10 to section
344. 1 0 filed 7-1 9-93 pursuant to title 1 , section 1 00, California Code of Regu-
lations (Register 93, No. 30).
§ 401.12. Driving School Authorizations.
NOTE: Authority cited: Sections 12660 and 12661, Vehicle Code. Reference: Sec-
tion 12660, Vehicle Code.
History
1. New section filed 1-16-90; operative 2-15-90 (Register 90, No. 4).
2. Change without regulatory effect renumbering former section 401 . 1 2 to section
344.12 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 401 .1 4. Description of Limitations.
NOTE: Authority cited: Sections 1 2660 and 1 266 1 , Vehicle Code. Reference: Sec-
tion 12661, Vehicle Code.
History
1 . New section filed 1-16-90; operative 2-15-90 (Register 90, No. 4).
2. Change without regulatory effect renumbering former section 401 . 14 to section
344.14 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regu-
lations (Register 93, No. 30).
§401.16. Applications.
NOTE: Authority cited: Sections 12660 and 12661, Vehicle Code. Reference: Sec-
tions 12661 and 12805, Vehicle Code.
History
1. New section filed 1-16-90; operative 2-15-90 (Register 90, No. 4).
2. Change without regulatory effect renumbering former section 40 1 . 1 6 to section
344.16 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 401 .1 8. Verification of Name and Birthdate.
NOTE: Authority cited: Sections 12660 and 12661, Vehicle Code. Reference: Sec-
tions 12661 and 12805, Vehicle Code.
History
1 . New section filed 1-16-90; operative 2-15-90 (Register 90, No. 4).
2. Change without regulatory effect renumbering former section 401 .1 8 to section
344.1 8 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regu-
lations (Register 93, No. 30).
§401.20. Examinations.
NOTE: Authority cited: Sections 12660 and 12661, Vehicle Code. Reference: Sec-
tions 12661 and 12805, Vehicle Code.
History
1. New section filed 1-16-90; operative 2-15-90 (Register 90, No. 4).
2. Change without regulatory effect renumbering former section 401 .20 to section
344.20 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 401.22. Grounds Requiring Refusal.
NOTE: Authority cited: Sections 12660 and 12661 , Vehicle Code. Reference: Sec-
tions 12661 and 12805, Vehicle Code.
History
1. New section filed 1-16-90; operative 2-15-90 (Register 90, No. 4).
2. Change without regulatory effect renumbering former section 401 .22 to section
344.22 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regu-
lations (Register 93, No. 30).
Page 28.19
Register 95, No. 43; 10-27-95
§401.24
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
§ 401 .24. Issuance, Content and Disposition.
NOTE: Authority cited: Sections 12660 and 12661, Vehicle Code. Reference: Sec-
tion 12661, Vehicle Code.
Hfstory
1. New section filed 1-16-90; operative 2-15-90 (Register 90, No. 4).
2. Change without regulatory effect renumbering former section 401 .24 to section
344.24 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 401 .26. Cancellations.
NOTE: Authority cited: Sections 12660 and 12661, Vehicle Code. Reference: Sec-
tion 12661, Vehicle Code.
History
1. New section filed 1-16-90; operative 2-15-90 (Register 90. No. 4).
2. Change without regulatory effect renumbering former section 401 .26 to section
344.26 filed 7-19-93 pursuant to title 1, section 100. California Code of Regu-
lations (Register 93, No. 30).
§ 401 .28. Fees and Purchasing.
NOTE: Authority cited: Sections 12660 and 12661, Vehicle Code. Reference: Sec-
tions 12660 and 12661, Vehicle Code.
History
1. New section filed 1-16-90; operative 2-15-90 (Register 90, No. 4).
2. Change without regulatory effect renumbering former section 401 .28 to section
344.28 filed 7- 1 9-93 pursuant to title 1 , section 1 00, California Code of Regu-
lations (Register 93, No. 30).
§ 401 .30. Forms and Accountability.
NOTE: Authority cited: Sections 12660 and 12661, Vehicle Code. Reference: Sec-
tion 12661, Vehicle Code.
History
1. New section filed 1-16-90; operative 2-15-90 (Register 90, No. 4).
2. Change without regulatory effect renumbering former section 401 .30 to section
344.30 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 401 .32. Records Maintenance and Confidentiality.
NOTE: Authority cited: Sections 12660 and 12661, Vehicle Code. Reference: Sec-
tion 12661, Vehicle Code.
History
1. New section filed 1-16-90; operative 2-15-90 (Register 90, No. 4).
2. Change without regulatory effect renumbering former section 401 .32 to section
344.32 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 401 .34. Notice and Hearing.
NOTE: Authority cited: Sections 12660 and 12661, Vehicle Code. Reference: Sec-
tions 12660 and 12661, Vehicle Code.
History
1 . New section filed 1-16-90; operative 2-15-90 (Register 90, No. 4).
2. Change without regulatory effect renumbering former section 401 .34 to section
344. 34 fi led 7- 1 9-93 pursuant to title 1 , section 1 00, Cal i fornia Code of Regu-
lations (Register 93, No. 30).
§ 402.00. "Advertising" Defined.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Division 5, Ve-
hicle Code.
History
1. New sections 402.00-409.00, not consecutive, filed 6-6-75; effective thirtieth
day thereafter (Register 75, No. 23).
2. Repealer and new section filed 1 1-9-77; effective thirtieth day thereafter (Reg-
ister 77, No. 46).
3. Change without regulatory effect renumbering former section 402.00 to section
255.00 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 402.01 . "Dealer's Cost" Defined.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11713
and 11713.1, Vehicle Code.
History
1 . Repealer and new section filed 1 1-9-77; effective thirtieth day thereafter (Reg-
ister 77, No. 46).
2. New Note filed 9-13-85; effective thirtieth day thereafter (Register 85, No.
37).
3. Change without regulatory effect renumbering former section 402.01 to section
255.01 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 402.02. "Demonstrator" Defined.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 665 and
11713, Vehicle Code.
History
1 . Repealer and new section filed 1 1-9-77; effective thirtieth day thereafter (Reg-
ister 77, No. 46).
2. New Note filed 9-13-85; effective thirtieth day thereafter (Register 85, No.
37).
3. Change without regulatory effect renumbering former section 402.02 to section
255.02 filed 7-19-93 pursuant to title 1, section 100. California Code of Regu-
lations (Register 93, No. 30).
§ 402.03. "Manufacturer's Suggested Total Price" Defined.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11713
and 24014, Vehicle Code; and 15 U.S.C.S. 1231 et seq.
History
1 . New section filed 1 1-9-77: effective thirtieth day thereafter (Register 77, No.
46).
2. Amendment filed 9-13-85; effective thirtieth day thereafter (Reeister 85, No.
37).
3. Repealer filed 9-1 1-86; effective upon filing (Register 86. No. 37).
§ 402.04. Applicability.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Division 5, Ve-
hicle Code.
History
1 . New section filed 9-13-85; effective thirtieth day thereafter (Register 85, No.
37).
2. Change without regulatory effect renumbering former section 402.04 to section
255.04 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 403.00. Advertisements.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 1 1614
and 11713, Vehicle Code.
History
1. Repealer and new section filed 1 1-9-77; effective thirtieth day thereafter (Reg-
ister 77, No. 46).
2. New Note filed 9-13-85; effective thirtieth day thereafter (Register 85, No.
37).
3. Change without regulatory effect renumbering former section 403.00 to section
260.00 filed 7-1 9-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 403.01 . Vehicle Description.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 665,
11614, 11713, 11713.1 and 11713.5, Vehicle Code.
History
1 . New section filed 1 1-9-77; effective thirtieth day thereafter (Register 77, No.
46).
2. Amendment of subsection (e) filed 9-13-85; effective thirtieth day thereafter
(Register 85, No. 37).
3. Change without regulatory effect renumbering former section 403.01 to section
260.01 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 403.02. Vehicle History.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11614
and 11713, Vehicle Code.
History
1 . New section filed 1 1-9-77; effective thirtieth day thereafter (Register 77, No.
46).
2. New Note filed 9-13-85; effective thirtieth day thereafter (Register 85, No.
37).
3. Change without regulatory effect renumbering former section 403.02 to section
260.02 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 403.03. Vehicle Condition.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11614,
11615 and 11713, Vehicle Code.
History
1. New section filed 1 1-9-77; effective thirtieth day thereafter (Register 77, No.
46).
2. New Note filed 9-13-85; effective thirtieth day thereafter (Register 85, No.
37).
Page 28.20
Register 95, No. 43; 10-27-95
Title 13 Department of Motor Vehicles § 404.09
3. Change without regulatory effect renumbering former section 403.03 to section § 404.02. Savings Claims.
260.03 filed 7-19-93 pursuant to title 1, section 100. California Code of Regu- NoTE; Aumority cited: Section ]6U Vehicle Code. Reference: Sections 11614
lat.ons (Reg.ster 93, No. 30). and 1 1 7 1 3, Vehicle Code.
§ 403.04. Vehicle Availability. L New section fiied ] ]_9_T7- effective thirtieth day thereafter (Register 77, No.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 1 1614, 46).
11713, 11713.1 and 11713.3, Vehicle Code. 2. Repealer filed 9-1 3-85; effective thirtieth day thereafter (Register 85, No. 37).
History
1 . New section filed 1 1-9-77; effective thirtieth day thereafter (Register 77, No. § 404.03. Dealer Added Charges.
46)- NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 11713.1,
2. Amendment of subsection (b) filed 9-13-85; effective thirtieth day thereafter Vehicle Code.
(Register 85, No. 37). HISTORY
3. Amendment of subsection (a) filed 10-26-87; operative 1 1-25-87 (Register 1. New section filed 11-9-77; effective thirtieth day thereafter (Register 77, No.
87, No. 44). 46).
4. Change without regulatory effect renumbering former section 403.04 to section 2- New Note filed 9-13-85; effective thirtieth day thereafter (Register 85, No.
260.04 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu- 37)-
lations (Register 93, No. 30). 3. Change without regulatory effect renumbering former section 404.03 to section
262.03 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
§403.05. Vehicle Equipment. lations (Register 93, No 30).
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 1 1615 § 404.04. Rebates.
and 1 1713, Vehicle Code. NoTE. Authority cited: Section ]65]> Vehicle Code. Reference: Section 11713,
HISTORY Vehicle Code.
1 . New section filed 1 1-9-77; effective thirtieth day thereafter (Register 77, No. HISTORY
'' 1 . New section filed 1 1-9-77; effective thirtieth day thereafter (Register 77, No.
2. New Note filed 9-13-85; effective thirtieth day thereafter (Register 85, No. 46).
37^- 2. Repealer filed 9-13-85; effective thirtieth day thereafter (Register 85, No. 37).
3. Change without regulatory effect renumbering former section 403.05 to section
260.05 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu- § 404.05. Financing.
lations (Register 93, No. 30). NoTE; Authority cited; Section 1651, Vehicle Code. Reference: Sections 11614,
11705 and 11713, Vehicle Code; and Section 2981, et. seq., Civil Code.
§ 403.07. Returned Vehicles. History
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 1 1613, 1. New section filed 1 1-9-77; effective thirtieth day thereafter (Register 77, No.
11614, 11705 and 11713, Vehicle Code. 46).
HISTORY 2. Amendment filed 9-13-85; effective thirtieth day thereafter (Register 85, No.
1 . New section filed 1 1-9-77; effective thirtieth day thereafter (Register 77, No. 37).
46). 3. Change without regulatory effect renumbering former section 404.05 to section
2. Amendment filed 9-13-85; effective thirtieth day thereafter (Register 85, No. 262.05 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
37). lations (Register 93, No. 30).
3. Change without regulatory effect renumbering former section 403.07 to section §404 06 Down Payment
260.07 filed 7-1 9-93 pursuant to title 1, section 100, California Code of Regu- xw ' " . . JO . ,/«.,„... ^ J „ c „ ■ „*.„
lations (Register 93 No 30) MOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11614
' ■ ■ and 11713, Vehicle Code.
§ 403.08. Incentive Advertising. History
XT . , . , „ i^r, ,,.-,„, „ r ~ • ,,^,. 1. New section filed 11-9-77; effective thirtieth day thereafter (Register 77, No.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11614 4^
u 2. Amendment of subsection (b) filed 9-13-85; effective thirtieth day thereafter
HISTORY (Register 85, No. 37).
1 . New section filed 1 1-9-77; effective thirtieth day thereafter (Register 77, No. 3 Change without regulatory effect renumbering former section 404.06 to section
4b)- 262.06 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
2. Amendment filed 9—13—85; effective thirtieth day thereafter (Register 85, No. lations (Register 93, No. 30).
37).
3. Repealer filed 9-1 1-86; effective upon filing (Register 86, No. 37).
§ 404.07. Trade-in Allowances.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 11713,
o a~m «« n . n • Vehicle Code.
§ 404.00. Dealer Price. History
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11614, ]. New section filed 11-9-77; effective thirtieth day thereafter (Register 77, No
11713 and 11713.1, Vehicle Code. 46).
HISTORY 2. Amendment filed 9-13-85; effective thirtieth day thereafter (Register 85, No.
1 . Repealer and new section filed 1 1-9-77; effective thirtieth day thereafter (Reg- 37).
ister 77, No. 46). 3 change without regulatory effect renumbering former section 404.07 to section
2. Amendment filed 9-13-85; effective thirtieth day thereafter (Register 85, No. 262.07 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
37). lations (Register 93, No. 30).
3- ?Sn?n ' nfi oegQ,latory efff ? ^"^"g fo™errse*ion 4°4°,0 tof^ction § 404.08. Identity of Dealer or Lessor-Retailer.
262.00 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu- * '
lations (Register 93 No 30) NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11614
' and 11713, Vehicle Code.
§ 404.01 . Manufacturer's or Distributor's Price. History
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 1 1614 L ^w sectl0n filed U~9-11' effective thlrtieth day thereafter (Re§ister 77' No-
and 11713, Vehicle Code; and 15 U.S.C.S. 1231, et. seq. n ;'
HISTORY Amendment filed 9-13-85; effective thirtieth day thereafter (Register 85, No.
1. New section filed 11-9-77; effective thirtieth day thereafter (Register 77, No. -,,-,.' ... , cr . . r
a£\ 3. Change without regulatory effect renumbering former section 404.08 to section
'' 262.08 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regu-
2. Amendment filed 9-13-85; effective thirtieth day thereafter (Register 85, No. lations (Register 93 No 30)
37).
3. Change without regulatory effect renumbering former section 404.01 to section § 404.09. Qualifying Statements.
262.01 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu- NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11614
lations (Register 93, No. 30). and 1 1713, Vehicle Code.
Page 28.21 Register 93, No. 30; 7-23-93
§ 405.01
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
History
1 . New section filed 1 1-9-77; effective thirtieth day thereafter (Register 77, No.
46).
2. New Note filed 9-13-85; effective thirtieth day thereafter (Resister 85, No.
37).
3. New Note filed 9-13-85; effective thirtieth day thereafter (Register 85, No.
37).
4. Change without regulatory effect renumbering former section 408.00 to section
270.06 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regu-
lations (Register 93, No. 30).
3. Change without regulatory effect renumbering former section 404.09 to section s aqq qq DlSDlav Area
262.09 filed 7-19-93 pursuant to title 1, section 100. California Code of Regu- * "",..*.
;>-93 pursuant
lations (Register 93, No. 30).
§ 405.01 . Description of Vehicle.
History
1 . Repealer filed 1 1-9-77; effective thirtieth day thereafter (Register 77, No. 46).
§ 405.02. Ownership History.
History
1. Repealer filed 11-9-77; effective thirtieth day thereafter (Register 77, No. 46).
§ 405.03. Vehicle Condition.
History
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 320,
1 1705 and 1 1709, Vehicle Code.
History
1. Amendment of subsection (a) filed 12-21-77 as an emergency; designated ef-
fective 1-1-78 (Register 77, No. 52).
2. Certificate of Compliance filed 3-22-78 (Register 78, No. 12).
3. New Note filed 9-13-85; effective thirtieth day thereafter (Register 85, No.
37).
4. Change without regulatory effect renumbering former section 409.00 to section
270.08 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 410.00. Business Records.
,_ , „, _, NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 320, Ve-
1 . Repealer tiled 1 1-9-77; effective thirtieth day thereafter (Register 77, No. 46). mc|e £ocje
History
§ 405.04. Vehicle Equipment. ]. Repealer and new section filed 6-6-75; effective thirtieth day thereafter (Regis-
HlSTORY ter 75, No. 23). For history of former section, see Register 68, No. 26.
1 . Repealer filed 1 1-9-77: effective thirtieth day thereafter (Register 77, No. 46). 2. Amendment filed 9-13-85; effective thirtieth day thereafter (Register 85, No.
37).
§ 405.05. Vehicle Availability.
History
1 . Repealer filed 1 1-9-77; effective thirtieth day thereafter (Register 77, No. 46).
§ 405.06. Vehicle Price.
History
1 . Repealer filed 1 1-9-77; effective thirtieth day thereafter (Register 77, No. 46).
§ 405.07. Trade-in Allowances.
History
1 . Repealer filed 1 1-9-77; effective thirtieth day thereafter (Register 77, No. 46).
§ 405.08. Terms.
History
3. Change without regulatory effect renumbering former section 410.00 to section
272.00 filed 7-1 9-93 pursuant to title 1 , section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 41 0.01 . Location of Business Records.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 320, Ve-
hicle Code.
History
1 . Repealer and new section filed 6-6-75; effective thirtieth day thereafter (Regis-
ter 75, No. 23). For history of former section, see Register 68, No. 26.
2. Amendment of Note filed 9-13-85; effective thirtieth day thereafter (Register
85, No. 37).
3. Change without regulatory effect renumbering former section 41 0.01 to section
272.02 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 41 1 .00. Place of Business.
1. Repealer filed 11-9-77; effective thirtieth day thereafter (Register 77, No. 46). Ki™^ a .u •. • j c .• ,«i x, u- i ^ j n <- o *• t>a
K 3 b NOTE: Authonty cited: Section 1651, Vehicle Code. Reference: Sections 320,
11701 and 11713, Vehicle Code.
§ 405.09. Identity of Dealer, Distributor or Manufacturer.
History
1. Repealer filed 1 1-9-77; effective thirtieth day thereafter (Register 77, No. 46)
History
1 . New sections 41 1.00-413.08, not consecutive, filed 6-6-75; effective thirtieth
day thereafter (Register 75, No. 23).
2. Amendment of Note filed 9-13-85; effective thirtieth day thereafter (Register
§ 406.00. Place of Business. 85' No 37>
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 320, 3- Change without Regulatory effect renumbering former section 4 11. 00 to section
11 709 and 11713 Vehicle Code 290.00 filed 7-1 9-93 pursuant to title 1, section 100, California Code of Regu-
HlST0RY lations (Register 93, No. 30).
1. New Note filed 9-13-85; effective thirtieth day thereafter (Register 85, No. & 41 1 01 Pertinent Books and Records
37)
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 320 and
2. Change without regulatory effect renumbering former section 406.00 to section ] ] 70 ] Vehicle Code
270.00 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu- ' HISTORY
lations (Register 93, No. 30). 1 Ngw Nqte filed 9] 3_g5. effective thirtieth day thereafter (Register 85, No.
§ 407.00. Change of Location. 37)
XT ... . , r. ■ .^, 1, , • , r, * ■„ r o ->™ 2. Change without regulatory effect renumbering former section 41 1.01 to section
NOTE: Authonty cited: Section 1651, Vehicle Code. Reference: Sections 320, 290.02 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
1 1709 and 1 1712, Vehicle Code. lations (Register 93, No. 30).
History
1. New Note filed 9-13-85; effective thirtieth day thereafter (Register 85, No. § 412.00. Place of Business.
37)- NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 320,
2. Change without regulatory effect renumbering former section 407.00 to section 11701 and 11713, Vehicle Code.
270.04 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 408.00. Signs or Devices.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 11709,
Vehicle Code.
History
1. Amendment filed 12-21-77 as an emergency; designated effective 1-1-78
(Register 77, No. 52).
2. Certificate of Compliance filed 3-22-78 (Register 78, No. 12).
History
1. New Note filed 9-13-85; effective thirtieth day thereafter (Register 85, No.
37).
2. Change without regulatory effect renumbering former section 412.00 to section
295.00 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 41 2.01 . Types of Licenses.
History
1 . Repealer filed 9-13-85; effective thirtieth day thereafter (Register 85, No. 37).
Page 28.22
Register 93, No. 30; 7-23-93
Title 13
Department of Motor Vehicles
§ 414.50
•
•
§ 41 2.02. Issuance of Vehicle Transporter's License.
History
1. Repealer filed 9-13-85; effective thirtieth day thereafter (Register 85, No. 37).
§ 41 3.01 . Place of Business.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 320,
11513 and 11514. Vehicle Code.
History
1. New Note filed 9-13-85; effective thirtieth day thereafter (Register 85, No.
37).
2. Change without regulatory effect renumbering former section 41 3.01 to section
304.01 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 413.02. Signs and Devices.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 11514,
Vehicle Code.
History
1. New Note filed 9-13-85; effective thirtieth day thereafter (Register 85, No.
37).
2. Change without regulatory effect renumbering former section 41 3.02 to section
304.04 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 413.03. Dismantling Area.
NOTE: Authority cited: Section 1 651, Vehicle Code. Reference: Sections 320,
1 1501 and 1 1509, Vehicle Code.
History
1. New Note filed 9-13-85; effective thirtieth day thereafter (Register 85, No.
37).
2. Change without regulatory effect renumbering former section 41 3.03 to section
304.06 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§413.05. Dismantler Report Forms.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11505
and 11520, Vehicle Code.
History
1. New Note filed 9-13-85; effective thirtieth day thereafter (Register 85, No.
37).
2. Change without regulatory effect renumbering former section 413.05 to section
304.08 filed 7-19-93 pursuant to title 1. section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 413.06. Acquisition of Cleared Vehicles.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 221 and
11520, Vehicle Code.
History
1. Amendment filed 9-13-85; effective thirtieth day thereafter (Register 85, No.
37).
2. Change without regulatory effect renumbering former section 41 3.06 to section
304.10 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 413.07. Business Records.
NOTE: Authority cited: Section 165 1 , Vehicle Code. Reference: Sections 320 and
11520, Vehicle Code.
History
1 . Repealer of subsection (c) filed 9-1 3-85; effective thirtieth day thereafter (Reg-
ister 85, No. 37).
2. Change without regulatory effect renumbering former section 41 3.07 to section
304.12 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 413.08. Location of Business Records.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 320, Ve-
hicle Code.
History
1. New Note filed 9-13-85; effective thirtieth day thereafter (Register 85, No.
37).
2. Change without regulatory effect renumbering former section 41 3.08 to section
304.14 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 414.00. Occupational License Application Requirements.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11 102,
11102.5, 11104, 11501, 11601, 11602, 11701 and 11704, Vehicle Code.
History
1. New section filed 12-21-77 as an emergency; designated effective 1-1-78
(Register 77, No. 52).
2. Certificate of Compliance filed 3-22-78 (Register 78, No. 12).
3. New Note filed 9-13-85; effective thirtieth day thereafter (Register 85, No.
37).
4. Chanee without regulatory effect renumbering former section 4 1 4.00 to section
250.00 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 414.01. Time Requirements for Submitting Application.
NOTE: Authority cited: Section 1 651, Vehicle Code. Reference: Sections 1 1 100,
1 1 500. 1 1 600 and 1 1700, Vehicle Code.
History
1. New section filed 12-21-77 as an emergency, designated effective 1-1-78
(Register 77, No. 52).
2. Certificate of Compliance filed 3-22-78 (Register 78, No. 12).
3. New Note filed 9-13-85; effective thirtieth day thereafter (Register 85, No.
37).
4. Change without regulatory effect renumbering former section 41 4.01 to section
250.02 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 414.10. Business License Definition.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 1 1500,
1 1600 and 1 1700, Vehicle Code.
History
1. New section filed 12-21-77 as an emergency; designated effective 1-1-78
(Register 77, No. 52).
2. Certificate of Compliance filed 3-22-78 (Register 78, No. 12).
3. New Note filed 9-13-85; effective thirtieth day thereafter (Register 85, No.
37).
4. Change without regulatory effect renumbering former section 41 4. 1 0 to section
250.10 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 414.20. Business License Application Requirements.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 1 1501,
11504, 11601, 11602, 11701, 11704 and 11712, Vehicle Code.
History
1. New section filed 12-21-77 as an emergency; designated effective 1-1-78
(Register 77, No. 52).
2. Certificate of Compliance filed 3-22-78 (Register 78, No. 12).
3. Amendment of subsection (e)(2)(J) filed 3-22-78 as an emergency; effective
upon filing. Certificate of Compliance included. (Register 78, No. 12).
4. Editorial correction to history note 3 (Register 78, No. 28).
5. Amendment of subsections (e)(2)(D), (e)(2)(J) and (e)(2)(k) filed 9-1 3-85; ef-
fective thirtieth day thereafter (Register 85, No. 37).
6. Change without regulatory effect renumbering former section 4 1 4.20 to section
250.20 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 414.30. Time Requirements for Any Change in License.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11704
and 11721(d), Vehicle Code.
History
1. New section filed 12-21-77 as an emergency; designated effective 1-1-78
(Register 77, No. 52).
2. Certificate of Compliance filed 3-22-78 (Register 78, No. 12).
3. New Note filed 9-13-85; effective thirtieth day thereafter (Register 85, No.
37).
4. Change without regulatory effect renumbering former section 41 4.30 to section
250.30 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 414.40. Branch Location Application Requirements.
NOTE: Authority cited: Section 165 1, Vehicle Code. Reference: Sections 3062,
9262, 9550, 11704 and 11712, Vehicle Code.
History
1. Certificate of Compliance filed 3-22-78 (Register 78, No. 12).
2. New Note filed 9-13-85; effective thirtieth day thereafter (Register 85, No.
37).
3. Change without regulatory effect renumbering former section 414.40 to section
250.40 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 414.50. Dealer Branch Location Definition.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 320 and
11709, Vehicle Code.
Page 28.23
Register 2007, No. 45; 11-9-2007
§ 414.60
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
History
1. New section filed 12-21-77 as an emergency; designated effective 1-1-78
(Register 77, No. 52).
2. New Note filed 9-13-85; effective thirtieth day thereafter (Register 85, No.
37).
3. Change without regulatory effect renumbering and amending former section
414.50 to section 270.02 filed 7-19-93 pursuant to title 1. section 100, Califor-
nia Code of Regulations (Register 93, No. 30).
§ 414.60. Dismantler Branch Location Definition.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 220 and
320, Vehicle Code.
History
1. New section filed 12-21-77 as an emergency; designated effective 1-1-78
(Register 77, No. 52).
2. Certificate of Compliance filed 3-22-78 (Register 78, No. 12).
3. New Note filed 9-13-85; effective thirtieth day thereafter (Register 85, No.
37).
4. Change without regulatory effect renumbering former section 4 14.60 to section
304.02 filed 7-1 9-93 pursuant to title 1 , section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 415.00. Surety Bond for Engine Rebuilders.
History
1 . Renumbering from Section 405.00 filed 6-6-75; effective thirtieth day thereaf-
ter (Register 75, No. 23).
2. Repealer filed 9-1 3-85; effective thirtieth day thereafter (Register 85, No. 37).
§415.01. Regulations.
History
1 . Renumbering from Section 405.10 filed 6-6-75; effective thirtieth day thereaf-
ter (Register 75, No. 23).
2. Repealer filed 9-13-85; effective thirtieth day thereafter (Register 85, No. 37).
§ 415.02. When Sold Accompanied by Bill of Sale.
History
1. Renumbering from Section 405.15 filed 6-6-75; effective thirtieth day thereaf-
ter (Register 75, No. 23).
2. Repealer filed 9-13-85; effective thirtieth day thereafter (Register 85, No. 37).
§ 41 6.00. Unlawful Act Without Permit.
NOTE: Authority cited: Section 1651, Vehicle Code.
History
1 . New Sections 416.00-418.00, not consecutive, filed 6-6-75; effective thirtieth
day thereafter (Register 75, No. 23).
2. Repealer filed 9-13-85; effective thirtieth day thereafter (Register 85, No. 37).
§ 41 6.01 . Application for Permit.
History
1 . Repealer filed 9-13-85; effective thirtieth day thereafter (Register 85, No. 37).
§ 416.02. Authority to Issue or Refuse Permit.
History
1. Repealer filed 9-13-85; effective thirtieth day thereafter (Register 85, No. 37).
§ 416.03. Authority to Temporarily Suspend Permit.
History
1. Repealer filed 9-13-85; effective thirtieth day thereafter (Register 85, No. 37).
§ 416.04. Authority to Suspend or Revoke Permit.
History
1. Repealer fifth day thereafter (Register 77, No. 46).
2 New NOTE filed 9-13-85; effective thirtieth day thereafter (Register 85, No.
37).
§ 41 6.05. Authority to Issue Probationary Permit.
History
1 . Repealer filed 9-13-85; effective thirtieth day thereafter (Register 85, No. 37).
§ 41 6.06. Change of Address.
History
1. Repealer filed 9-1 3-85; effective thirtieth day thereafter (Register 85, No. 37).
§ 416.07. Automatic Cancellation.
History
1. Repealer filed 9-13-85; effective thirtieth day thereafter (Register 85, No. 37).
§ 41 7.00. Effect of Action Against Permit.
History
1 . Repealer filed 9-13-85; effective thirtieth day thereafter (Register 85, No. 37).
§ 41 7.01 . Surrender of Permit.
History
1 . Repealer filed 9-1 3-85; effective thirtieth day thereafter (Register 85, No. 37).
§ 417.02. Causes of Action Against Permit.
History
l . Repealer filed 9-1 3-85; effective thirtieth day thereafter (Register 85, No. 37).
§418.00. Unlawful Acts.
History
1 . Repealer filed 9-13-85; effective thirtieth day thereafter (Register 85, No. 37).
§ 420.00. Monetary Penalties.
NOTE: Authority cited: Sections 1651, 1 1509.1 and 1 1707, Vehicle Code. Refer-
ence Sections 1 1509.1 and 1 1707, Vehicle Code.
History
1. New section filed 1 1-9-77; effective thirtieth day thereafter (Register 77, No.
46).
2. Amendment filed 9-13-85; effective thirtieth day thereafter (Register 85, No.
37).
3. Change without regulatory effect renumbering former section 420.00 to section
3 14.00 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regu-
lations (Register 93, No. 30).
§ 421 .00. Notices of Suspension.
NOTE: Authority cited: Section 1 651. Vehicle Code. Reference Sections 11105,
1 1506, 1 1606 and 11718, Vehicle Code.
History
1. New section filed 1 1-9-77: effective thirtieth day thereafter (Register 77, No.
46).
2. Amendment filed 9-13-85; effective thirtieth day thereafter (Register 85, No.
37).
3. Change without regulatory effect renumbering former section 421 .00 to section
316.00 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
Article 6. Administration
§ 422.01 . Administrative Fees for Returned Checks.
(a) The department shall assess an administrative fee of thirty dollars
($30) for each check submitted to the department as payment of any fee
or obligation if that check is returned as dishonored from the financial in-
stitution from which the check is drawn.
(b) The administrative fee shall be added to the fee or other obligation
for which the check was submitted, and that fee or obligation shall not
be considered paid until the entire amount is paid.
NOTE: Authority cited: Section 1 651, Vehicle Code. Reference: Section 6157,
Government Code; and Sections 9558 and 34672, Vehicle Code.
History
1. New section filed 12—6—93; operative 1-5-94 (Register 93, No. 50).
2. Amendment of subsections (a)-(b) and repealer of subsections (c)-(d) filed
9-5-96; operative 10-5-96 (Register 96, No. 36).
3. Amendment of subsection (a) and amendment of Note filed 7-25-2002; opera-
tive 8-24-2002 (Register 2002, No. 30).
§ 423.00. Fee Adjustment.
(a) Vehicle Code section 1678 requires the department on January 1 ,
2005, and every January 1 thereafter, to adjust specified fees by increas-
ing each fee in an amount equal to the increase in the California Consum-
er Price Index for the prior year, as calculated by the Department of Fi-
nance with amounts equal to or greater than fifty cents ($0.50) rounded
to the next highest whole dollar.
(1 ) Effective January 1, 2005, the following fees authorized under the
following statutes shall be changed to:
(A) Sixteen dollars ($16) for fees authorized under Vehicle Code sec-
tions 4604(b), 5014(f), 5036. 6700.25(e), 9102.5(a), 9102.5(c), 9252(a),
9254, 9258, 9261(a), 9261(b), 9261(c), 9261(d), 9265(a), 9265(b), 9702,
11515, 11515.2, 38121(b), 38232, 38255(a), 38255(b), 38255(c), 38260,
and 38265(a); Code of Civil Procedure sections 488.385(b) and (c); and
Revenue and Taxation Code section 10902(c).
Page 28.24
Register 2007, No. 45; 11-9-2007
Title 13
Department of Motor Vehicles
§ 430.00
•
•
(B) Twenty dollars ($20) for fees authorized under Vehicle Code sec-
tion 14901.
(C) Twenty-one dollars ($21) for fees authorized under Vehicle Code
section 14902(a).
(D) Twenty-five dollars ($25) for noncommercial driver license fees
authorized under Vehicle Code sections 12814.5(d), 14900(a), and
14900.1(a).
(E) Thirty-five dollars ($35) for fees authorized for commercial driver
license renewal or noncommercial firefighter driver license renewal un-
der Vehicle Code section 12814.5(d).
(2) Effective January 1, 2006, the following fees authorized under the
following statues shall be changed to:
(A) Ten dollars ($10) for fees authorized under Vehicle Code section
9250.8(a) and (b).
(B) Thirteen dollars ($13) for fees authorized under Vehicle Code sec-
tion 9250.13(a)(1) and (2).
(C) Twenty-six dollars ($26) for noncommercial driver license fees
authorized under Vehicle Code sections 12814.5(d), 14900(a) and
14900.1(a).
(D) Thirty-six dollars ($36) for fees authorized for commercial driver
license renewal or noncommercial firefighter driver license renewal un-
der Vehicle Code section 12814.5(d).
(3) Effective January 1 , 2007, the following fees authorized under the
following statutes shall be changed to:
(A) Six dollars ($6) for fees authorized under Vehicle Code sections
14900(b) and 14900.1(b).
(B) Seven dollars ($7) for fees authorized under Vehicle Code section
9250.13(a)(1) and 14902(c).
(C) Fourteen dollars ($ 1 4) for fees authorized under Vehicle Code sec-
tion 9250.13(a)(1) and (2) for Commercial Vehicle Registration Act
(CVRA) vehicles only.
(D) Seventeen dollars ($17) for fees authorized under Vehicle Code
sections 4604(b), 5014(f), 5036, 6700.25(e), 9102.5(a), 9102.5(c),
9252(a), 9254, 9258, 9261(a), 9216(b), 9261(c), 9261(d), 9265(a),
9265(b), 9702, 11515, 11515.2, 38121(b), 38232, 38255(a), 38255(b),
38255(c), 38260, and 38265(a); Code of Civil Procedure sections
488.385(b) and (c); Revenue and Taxation Code section 10902(c).
(E) Twenty-one dollars ($21) for fees authorized under Vehicle Code
section 14901.
(F) Twenty-two dollars ($22) for fees authorized under Vehicle Code
section 14902(a).
(G) Twenty-seven dollars ($27) for noncommercial driver license
fees authorized under Vehicle Code sections 12814.5(d), 14900(a) and
14900.1(a).
(H) Thirty-eight dollars ($38) for fees authorized for commercial
driver license renewal or noncommercial firefighter driver license re-
newal under Vehicle Code section 12814.5(d).
(4) Effective January 1, 2008, the following fees authorized under the
following statutes shall be changed to:
(A) Twenty-two dollars ($22) for fees authorized under Vehicle Code
section J 4901.
(B) Twenty-three dollars ($23) for fees authorized under Vehicle
Code section 14902(a).
(C) Twenty-eight dollars ($28) for noncommercial driver license fees
authorized under Vehicle Code sections 12814.5(d), 14900(a) and
14900.1(a).
(D) Thirty-nine dollars ($39) for fees authorized for commercial driv-
er license renewal or noncommercial firefighter driver license renewal
under Vehicle Code section 12814.5(d).
NOTE: Authority cited: Sections 1651 and 1678, Vehicle Code. Reference: Sec-
tions 1678, 4604, 5014, 5036, 6700.25. 9102.5, 9250.8, 9250.13, 9252, 9254,
9258, 9261 , 9265. 9702, 11515,1 151 5.2. 12814.5, 14900, 14900. 1 , 14901, 14902,
38121, 38232, 38255. 38260 and 38265, Vehicle Code; Section 488.385, Code of
Civil Procedure; and Section 10902, Revenue and Taxation Code.
History
1. New section filed 12-9-2004; operative 1-1-2005 pursuant to Vehicle Code
section 1678 (Register 2004, No. 50).
2. Editorial correction providing correct placement for section (Register 2005, No.
1).
3. New subsections (a)(2)-(a)(2)(D) and amendment of Note filed 8-1 1-2005;
operative 9-10-2005 (Register 2005, No. 32).
4. Change without regulatory effect amending subsections (a)(2)(A)-(B) filed
4-4-2006 pursuant to section 100, title 1, California Code of Regulations (Reg-
ister 2006, No. 14).
5. New subsections (a)(3)-(a)(3)(H) filed 10-27-2006; operative 1-1 -2007 (Reg-
ister 2006, No. 43).
6. New subsections (a)(4)-(a)(4)(D) filed 1 1-8-2007; operative 1-1-2008 (Reg-
ister 2007. No. 45).
§ 425.01 . Administrative Fee for Vehicle Code Book.
(a) The department shall assess an administrative fee of nine dollars
($9) for each Vehicle Code book as payment of the entire cost of publish-
ing the code.
(b) The purchaser of the Vehicle Code book will be responsible for any
actual shipping costs, which shall be added to the administrative fee for
the cost of publishing the code, and that fee or obligation shall not be con-
sidered paid until the entire amount is paid.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 1656(a),
Vehicle Code.
History
1. New section filed 12-5-2005; operative 1-4-2006 (Register 2005, No. 49). For
prior history, see Register 98, No. 31.
2. Amendment of subsection (a) filed 5-22-2006; operative 6-21-2006 (Register
2006, No. 21).
3. Amendment of subsection (a) filed 10-16-2007; operative 11-1 5-2007 (Regis-
ter 2007, No. 42).
§ 430.00. Fee for Recording Notice of Delinquent Parking
Violation.
Pursuant to Section 4763 of the Vehicle Code, the department shall as-
sess on the processing agency a fee of $3. 00 for each notice of delinquent
parking violation filed with the department according to Section 40220
of the Vehicle Code.
[The next page is 28.25.]
Page 28.24(a)
Register 2007, No. 45; 11-9-2007
Title 13
Department of Motor Vehicles
§ 450.02
•
NOTE: Authority cited: Section 1651 , Vehicle Code. Reference: Section 4763, Ve-
hicle Code.
HrSTORY
1. New article 6 and section filed 9-23-93; operative 10-25-93 (Register 93, No.
39).
§ 431 .00. Fee for Recording Notice of Delinquent Toll
Evasion Violation.
Pursuant to Section 4773 of the Vehicle Code, the department shall as-
sess on the processing agency a fee of $3.00 for each notice of delinquent
toll evasion violation filed with the department according to Section
40267 of the Vehicle Code.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 4773, Ve-
hicle Code.
History
1. New section filed 5-24-99; operative 6-23-99 (Register 99, No. 22).
Article 6.1. Administrative Adjudication
§ 440.00. Administrative Adjudication Proceedings.
In all administrative adjudication proceedings conducted by or on be-
half of the Department of Motor Vehicles, the following provisions shall
control:
(a) Alternative dispute resolution proceedings, to include mediation
and arbitration, shall not be used.
(b) The hearing officer, administrative law judge or other presiding of-
ficer shall not be subject to peremptory challenge.
(c) Declaratory decisions shall not be issued.
(d) No order for monetary sanctions or the payment of expenses, in-
cluding attorney's fees, incurred by another party, shall be effective until
the order is adopted or entered by the Director of Motor Vehicles or his
or her designee.
NOTE: Authority cited: Section 1651, Vehicle Code; and Section 1 1400.20, Gov-
ernment Code. Reference: Sections 11420.10, et seq., 11425.40(d), 1 1455.10, et
seq. and 11465.20(b), Government Code.
History
1. New article 6.1 (sections 440.00-440.04) and section filed 6-27-97; operative
6-27-97 (Register 97, No. 26). This interim regulation is exempt from most of
the procedural requirements of the Administrative Procedure Act (specifically,
from Articles 5 and 6 of Chapter 3.5, Division 3, Title 2, Government Code) and
from review by the Office of Administrative Law pursuant to Government Code
sections 11400.20 and 11400.21 and will expire on December 31, 1998, unless
earlier terminated or replaced by, or readopted as, permanent following the pro-
cedures of the Administrative Procedure Act.
2. Permanent section transmitted to OAL 8-20-98 pursuant to Government Code
section 11400.21 and filed 10-1-98; operative 10-1-98 (Register 98, No. 40).
Government Code section 1 1400.21 exempts this regulation from OAL review
for Necessity.
§ 440.02. Occupational License Definition.
For purposes of administrative adjudication proceedings and disci-
plinary actions an occupational license includes the following:
(a) A business license issued by the department to any of the following
categories: Dealer, lessor-retailer, dismantler, manufacturer, reman-
ufacturer, distributor, driving school, traffic violator school, registration
service, all-terrain vehicle safety training organization, or transporter.
(b) An individual license issued by the department to any of the follow-
ing individuals: salesperson, driving school operator or instructor; traffic
violator school administrator, operator, or instructor; vehicle verifier,
all-terrain vehicle safety instructor, or a representative.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11100,
1 1 200, 1 1 300, 1 1 400, 1 1 500, 1 1 600, 1 1 700, 1 1 800 and 1 1 900, Vehicle Code ; and
Section 1 1400.20, Government Code.
History
1 . New section filed 6-27-97; operative 6-27-97 (Register97, No. 26). This inter-
im regulation is exempt from most of the procedural requirements of the Admin-
istrative Procedure Act (specifically, from Articles 5 and 6 of Chapter 3.5, Divi-
sion 3, Title 2, Government Code) and from review by the Office of
Administrative Law pursuant to Government Code sections 11400.20 and
11400.21 and will expire on December 31, 1998, unless earlier terminated or
replaced by, or readopted as, permanent following the procedures of the Admin-
istrative Procedure Act.
2. Permanent section transmitted to OAL 8-20-98 pursuant to Government Code
section 1 1400.21 and filed 10-1-98; operative 10-1-98 (Register 98, No. 40).
Government Code section 1 1400.21 exempts this regulation from OAL review
for Necessity.
§ 440.04. Occupational Licensing and Disciplinary
Guidelines.
In reaching a decision on a licensing or disciplinary action under Divi-
sion 5 of the Vehicle Code and the Administrative Procedure Act (Gov-
ernment Code section 1 1400, et seq.), the Director of Motor Vehicles or
his or her designee shall consider the guidelines entitled "Occupational
Licensing and Disciplinary Guidelines" (Rev. 1 1/2007), which are here-
by incorporated by reference, and any and all other sanctions provided
by relevant statutes and regulations. Deviation from these guidelines and
orders, including standard terms of probation, is appropriate where the
Director or his or her designee, in his or her sole discretion, determines
that the facts of the particular case warrant such a deviation, for example,
the presence of mitigating factors, the age of the case, and evidentiary
problems.
NOTE: Authority cited: Section 1651, Vehicle Code; and Section 1 1400.20, Gov-
ernment Code. Reference: Sections 1 1340.5 and 1 1425.50(e), Government Code;
and Sections 1 1 100 through 1 1909, Vehicle Code.
History
1 . New section filed 6-27-97; operative 6-27-97 (Register 97, No. 26). This inter-
im regulation is exempt from most of the procedural requirements of the Admin-
istrative Procedure Act (specifically, from Articles 5 and 6 of Chapter 3.5, Divi-
sion 3, Title 2, Government Code) and from review by the Office of
Administrative Law pursuant to Government Code sections 11400.20 and
11400.21 and will expire on December 31, 1998, unless earlier terminated or
replaced by, or readopted as, permanent following the procedures of the Admin-
istrative Procedure Act.
2. Permanent section transmitted to OAL 8-20-98 pursuant to Government Code
section 11400.21 and filed 10-1-98; operative 10-1-98 (Register 98, No. 40).
Government Code section 1 1400.21 exempts this regulation from OAL review
for Necessity.
3. Amendment filed 7-15-2008; operative 8-14-2008 (Register 2008, No. 29).
Article 7. Federal Citizenship and Alien
Status Requirements for Benefit Eligibility
§ 450.00. Benefits Subject to Federal Eligibility
Requirements.
The department has determined that Occupational Licenses, Motor
Carrier Permits, Commercial Driver Licenses, Non-Commercial Fire-
fighter Driver License, School Bus Certificates, School Pupil Activity
Bus Certificates, Youth Bus Certificates, General Public Paratransit Ve-
hicle Certificates, Vehicle for Developmentally Disabled Persons Certif-
icates, Ambulance Certificates, California Tow Truck Driver Clear-
ances, Hazardous Agricultural Materials/Wastes Transportation
Verifications, Verification of Transit Training Documents, and Farm La-
bor Certificates are the benefits provided by the department which are
subject to the eligibility requirements imposed by the Personal Responsi-
bility and Work Opportunity Reconciliation Act of 1996 (Pub. L. No.
104-193 (PRWORA)) (8 U.S.C. § 1621 et seq.). These licenses, per-
mits, clearances, verifications, and certificates will hereafter be referred
to as PRWORA benefit(s).
NOTE: Authority cited: Section 1651 , Vehicle Code. Reference: 8 U.S.C. Sections
1621, 1641, and 1642; U.S.C. Section 2000det seq., and Divisions 5,6 and 14.85,
Vehicle Code .
History
1. New article 7 (sections 450.00-450.06) and section filed 8-20-98; operative
9-19-98 (Register 98, No. 34). For prior history, see Register 93, No. 30.
§ 450.02. Limitations on PRWORA Benefits.
(a) All eligibility requirements contained herein shall be applied with-
out regard to the race, creed, color, gender, religion, or national origin of
the individual applying for PRWORA benefits.
(b) Pursuant to Section 41 1 of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996, (8 U.S.C. § 1621), and not-
withstanding any other provision of this division, aliens who are not qual-
ified aliens, nonimmigrant aliens under the Immigration and Nationality
Act (INA) (8 U.S.C. § 1101 et seq.), or aliens paroled into the United
Page 28.25
Register 2008, No. 29; 7-18-2008
§ 450.02
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
States under Section 212(d)(5) of the INA (8 U.S.C. § 1182(d)(5)), for
less than one year, are not eligible to receive an original or renewal
PRWORA benefit, as set forth in the California Vehicle Code.
(c) A qualified alien is an alien who, at the time he or she applies for,
receives, or attempts to receive a PRWORA benefit, is, under Section
431(b) and (c) of the PRWORA (8 U.S.C. § 1641(b) and (c)), any of the
following:
(1 ) An alien lawfully admitted for permanent residence under the INA
(8 U.S.C. § HOletseq.).
(2) An alien who is granted asylum under Section 208 of the INA (8
U.S.C. § 1158).
(3) A refugee who is admitted to the United States under Section 207
of the INA (8 U.S.C. § 1157).
(4) An alien who is paroled into the United States under Section
21 2(d)(5) of the INA (8 U.S.C. § 1 1 82(d)(5)) for a period of at least one
year.
(5) An alien whose deportation is being withheld under Section 243(h)
of the INA (8 U.S.C. § 1253(h)) (as in effect immediately before the ef-
fective date of Section 307 of division C of Public Law 104-208) or Sec-
tion 241 (b)(3) of such Act (8 U.S.C. § 1251 (b)(3)) (as amended by Sec-
tion 305 (a) of division C of Public Law 104-208).
(6) An alien who is granted conditional entry pursuant to Section
203(a)(7) of the INA as in effect prior to April 1, 1980. (8 U.S.C.
§ 1153(a)(7)) (See editorial note under 8 U.S.C. § 1101, "Effective
Date of 1980 Amendment.")
(7) An alien who is a Cuban or Haitian entrant (as defined in Section
501(e) of the Refugee Education Assistance Act of 1980 (8 U.S.C.
§ 1522 note)).
(8) An alien who meets all of the conditions of subparagraphs (A), (B),
(C), and (D) below:
(A) The alien has been battered or subjected to extreme cruelty in the
United States by a spouse or a parent, or by a member of the spouse's or
parent's family residing in the same household as the alien, and the
spouse or parent of the alien consented to, or acquiesced in, such battery
or cruelty. For purposes of this subsection, the term "battered or sub-
jected to extreme cruelty" includes, but is not limited to being the victim
of any act or threatened act of violence including any forceful detention,
which results or threatens to result in physical or mental injury. Rape,
molestation, incest (if the victim is a minor), or forced prostitution shall
be considered acts of violence.
(B) There is a substantial connection between such battery or cruelty
and the need for the PRWORA benefit to be provided in the opinion of
the department. For purposes of this subsection, the following circum-
stances demonstrate a substantial connection between the battery or
cruelty and the need for the PRWORA benefit to be provided:
(i) The PRWORA benefit is needed to enable the alien to become self-
sufficient following separation from the abuser.
(ii) The PRWORA benefit is needed to enable the alien to escape the
abuser and/or the community in which the abuser lives, or to ensure the
safety of the alien from the abuser.
(iii) The PRWORA benefit is needed due to a loss of financial support
resulting from the alien's separation from the abuser.
(iv) The PRWORA benefit is needed because the battery or cruelty,
separation from the abuser, or work absences or lower job performance
resulting from the battery or extreme cruelty or from legal proceedings
relating thereto (including resulting child support, child custody, and di-
vorce actions) cause the alien to lose his or her job or to earn less or to
require the alien to leave his or her job for safety reasons.
(v) The PRWORA benefit is needed because the alien requires medi-
cal attention or mental health counseling, or has become disabled, as a
result of the battery or extreme cruelty.
(vi) The PRWORA benefit is needed because the loss of a dwelling or
source of income or fear of the abuser following separation from the
abuser jeopardizes the alien's ability to care for his or her children (e.g.,
inability to house, feed, or clothe children or to put children into a day
care for fear of being found by the abuser).
(vii) The PRWORA benefit is needed to alleviate nutritional risk or
need resulting from the abuse or following separation from the abuser.
(viii) The PRWORA benefit is needed to provide medical care during
a pregnancy resulting from the abuser's sexual assault or abuse of, or re-
lationship with, the alien and/or to care for any resulting children.
(ix) Where medical coverage and/or health care services are needed to
replace medical coverage or health care services the alien had when liv-
ing with the abuser.
(C) The alien has been approved or has a petition pending which sets
forth a prima facie case for:
(i) status as a spouse or child of a United States citizen pursuant to
clause (ii), (iii), or (iv) of Section 204(a)(1)(A) of the INA (8 U.S.C.
§ 1154(a)(l)(A)(ii),(iii)or(iv)),
(ii) classification pursuant to clause (ii) or (iii) of Section 204(a)(1)(B)
of the INA (8 U.S.C. § 1 154(a)(l)(B)(ii) or (iii)),
(iii) cancellation of removal under 8 U.S.C. § 1 229b as in effect prior
to April 1, 1997,
(iv) status as a spouse or child of a United States citizen pursuant to
clause (i) of Section 204(a)(1)(A) of the INA (8 U.S.C.
§ U54(a)(l)(A)(i)) or classification pursuant to clause (i) of Section
204(a)(1)(B) of the INA (8 U.S.C. § 1154(a)(l)(B)(i)), or
(v) cancellation of removal pursuant to section 240A (b)(2) of the INA
(8 U.S.C. § 1229b(b)(2)).
(D) For the period for which the PRWORA benefit is sought, the indi-
vidual responsible for the battery or cruelty does not reside in the same
household or family eligibility unit as the individual subjected to the bat-
tery or cruelty.
(9) An alien who meets all of the conditions of subparagraphs (A), (B),
(C), (D) and (E) below:
(A) The alien has a child who has been battered or subjected to extreme
cruelty in the United States by a spouse or a parent of the alien (without
the active participation of the alien in the battery or cruelty), or by a mem-
ber of the spouse's or parent's family residing in the same household as
the alien, and the spouse or parent consented or acquiesced to such bat-
tery or cruelty. For purposes of this subsection, the term "battered or sub-
jected to extreme cruelty" includes, but is not limited to being the victim
of any act or threatened act of violence including any forceful detention,
which results or threatens to result in physical or mental injury. Rape,
molestation, incest (if the victim is a minor), or forced prostitution shall
be considered acts of violence.
(B) The alien did not actively participate in such battery or cruelty.
(C) There is a substantial connection between such battery or cruelty
and the need for the PRWORA benefit to be provided in the opinion of
the department. For purposes of this subsection, the following circum-
stances demonstrate a substantial connection between the battery or
cruelty and the need for the PRWORA benefit to be provided:
(i) The PRWORA benefit is needed to enable the alien's child to be-
come self-sufficient following separation from the abuser.
(ii) The PRWORA benefit is needed to enable the alien's child to es-
cape the abuser and/or the community in which the abuser lives, or to en-
sure the safety of the alien's child from the abuser.
(iii) The PRWORA benefit is needed due to a loss of financial support
resulting from the alien's child's separation from the abuser.
(iv) The PRWORA benefit is needed because the battery or cruelty,
separation from the abuser, or work absences or lower job performance
resulting from the battery or extreme cruelty or from legal proceedings
relating thereto (including resulting child support, child custody, and di-
vorce actions) cause the alien's child to lose his or her job or to earn less
or to require the alien's child to leave his or her job for safety reasons.
(v) The PRWORA benefit is needed because the alien's child requires
medical attention or mental health counseling, or has become disabled,
as a result of the battery or extreme cruelty.
(vi) The PRWORA benefit is needed because the loss of a dwelling or
source of income or fear of the abuser following separation from the
abuser jeopardizes the alien's child's ability to care for his or her children
Page 28.26
Register 2008, No. 29; 7-18-2008
Title 13
Department of Motor Vehicles
§ 450.02
(e.g., inability to house, feed, or clothe children or to put children into a
day care for fear of being found by the abuser).
(vii) The PRWORA benefit is needed to alleviate nutritional risk or
need resulting from the abuse or following separation from the abuser.
(viii) The PRWORA benefit is needed to provide medical care during
a pregnancy resulting from the abuser's sexual assault or abuse of, or re-
lationship with, the alien's child and/or to care for any resulting children.
(ix) Where medical coverage and/or health care services are needed to
replace medical coverage or health care services the alien's child had
when living with the abuser.
(D) The alien meets the requirements of subsection (c)(8)(C) above.
(E) For the period for which the PRWORA benefit is sought, the indi-
vidual responsible for the battery or cruelty does not reside in the same
household or family eligibility unit as the individual subjected to the bat-
tery or cruelty.
(10) An alien child who meets all of the conditions of subparagraphs
(A), (B), and (C) below:
(A) The alien child resides in the same household as a parent who has
been battered or subjected to extreme cruelty in the United States by that
parent's spouse or by a member of the spouse's family residing in the
same household as the parent and the spouse consented or acquiesced to
such battery or cruelty. For purposes of this subsection, the term "bat-
tered or subjected to extreme cruelty" includes, but is not limited to being
the victim of any act or threatened act of violence including any forceful
detention, which results or threatens to result in physical or mental injury.
Rape, molestation, incest (if the victim is a minor), or forced prostitution
shall be considered acts of violence.
(B) There is a substantial connection between such battery or cruelty
and the need for the PRWORA benefit to be provided in the opinion of
the department. For purposes of this subsection, the following circum-
stances demonstrate a substantial connection between the battery or
cruelty and the need for the PRWORA benefit to be provided:
(i) The PRWORA benefit is needed to enable the alien child's parent
to become self-sufficient following separation from the abuser.
(ii) The PRWORA benefit is needed to enable the alien child's parent
to escape the abuser and/or the community in which the abuser lives, or
to ensure the safety of the alien child's parent from the abuser.
(iii) The PRWORA benefit is needed due to a loss of financial support
resulting from the alien child's parent's separation from the abuser.
(iv) The PRWORA benefit is needed because the battery or cruelty,
separation from the abuser, or work absences or lower job performance
resulting from the battery or extreme cruelty or from legal proceedings
relating thereto (including resulting child support, child custody, and di-
vorce actions) cause the alien child's parent to lose his or her job or to
earn less or to require the alien child's parent to leave his or her job for
safety reasons.
(v) The PRWORA benefit is needed because the alien child's parent
requires medical attention or mental health counseling, or has become
disabled, as a result of the battery or extreme cruelty.
(vi) The PRWORA benefit is needed because the loss of a dwelling or
source of income or fear of the abuser following separation from the
abuser jeopardizes the alien child's parent's ability to care for his or her
children (e.g. , inability to house, feed, or clothe children or to put children
into a day care for fear of being found by the abuser).
(vii) The PRWORA benefit is needed to alleviate nutritional risk or
need resulting from the abuse or following separation from the abuser.
(viii) The PRWORA benefit is needed to provide medical care during
a pregnancy resulting from the abuser's sexual assault or abuse of, or re-
lationship with, the alien child's parent and/or to care for any resulting
children.
(ix) Where medical coverage and/or health care services are needed to
replace medical coverage or health care services the alien child's parent
had when living with the abuser.
(C) The alien child meets the requirements of subsection (c) (8) (C)
above.
(d) For purposes of this section, "nonimmigrant" is defined the same
as in Section 101(a)(15) of the INA (8 U.S.C. § 1 101(a)(15)).
(e) For purposes of establishing eligibility for a PRWORA benefit,
pursuant to the California Vehicle Code, all of the following must be met:
(1 ) The applicant must declare himself or herself to be a citizen of the
United Stales, or a qualified alien under subsection (c), a nonimmigrant
alien under subsection (d), or an alien paroled into the United States for
a period of at least one year under Section 21 2(d)(5) of the INA (8 U.S.C.
§ 1182(d)(5)).
(A) The applicant shall declare his or her eligibility status through use
of a benefit eligibility statement given under penalty of perjury on a de-
partment issued application form appropriate to the PRWORA benefit
being sought.
(B) The appropriate application form issued by the department must
be one of the following: the Driver License Application, DL^14 (Rev.
3/98) or DL^WS (Rev. 3/98); the California Special Driver Certificate,
DL-45 (Rev. 3/98); the California Tow Truck Driver Clearance, DL-64
(Rev. 3/98); the Hazardous Agricultural Materials/Waste Transportation
Verification of Training, DL-267 (Rev. 3/98); the Driver License Re-
newal Notices, DL-1 RN (Rev. 4/98), DL-1 RNCH (Rev. 4/98), DL-1
RNF (Rev. 4/98), DL-1 RNFS (Rev. 4/98), DL-1 RNFH (Rev. 4/98),
DL-1 RNFSH (Rev. 4/98), DL-1RNBEC (Rev. 4/98), DL-1RNBECH
(Rev. 4/98), DL-1RNBECFF (Rev. 4/98), DL-1RNBEF (Rev. 4/98),
DL-IRNBEFS (Rev. 4/98), DL-1RNBEFH (Rev. 4/98),
DL-1RNBEFSH (Rev. 4/98), DL-1 RNBEFFF (Rev. 4/98), DL-1
RNBEFFFS (Rev. 4/98); the Driver License Renewal Notices (Congrat-
ulatory) DL-73 (Rev. 4/98), DL-73S (Rev. 4/98), DL-73BE (Rev.
4/98), DL-73BES (Rev. 4/98), DL-6 BEC (Rev. 4/98), DL-6 BEF (Rev.
4/98), DL6 BEFS (Rev. 4/98); the Driver License Renewal Notices (Mag
Strip Conversion) DL-73M (Rev. 4/98), DL-73MC (Rev. 4/98),
DL-73MS (Rev. 4/98), DL-73MF (Rev. 4/98), DL-73MFS (Rev. 4/98),
DL- 73BEMC (Rev. 4/98), DL-73BEMF (Rev. 4/98), DL-73BEMFS
(Rev. 4/98), and the Driver License Renewal by Mail Notices DL-6C
(Rev. 4/98), DL-6F (Rev. 4/98), DL-6FS (Rev. 4/98); the Application
for Occupational License OL-16 (Rev. 3/98), and OL-29 (Rev. 3/98);
the Application for Renewal of an Occupational License OL-45 (Rev.
3/98), the Applications for Renewal OL-603 (Rev. 3/98), for a Vehicle
Dealer License, Lessor- Retailer, Manufacturer, Re-Manufacturer, Dis-
tributor, Transporter, Dismantler, Driving School, and Registration Ser-
vice; the Applications for Renewal OL^4 (Rev. 3/98), for a Vehicle
Verifier Permit, Driving School Instructor, Driving School Operator, In-
dependent Instructor, Manufacturer Representative, and Distributor
Representative; and the Application for Motor Carrier of Property Permit
DMV 706 MCP (Rev. 4/98) which are hereby incorporated by reference.
(2) If the applicant is a U.S. citizen he or she must present valid U.S.
citizenship documents, or if the applicant is an alien he or she must pres-
ent documents of a type acceptable to the Immigration and Naturalization
Service (INS) which serve as reasonable evidence of the applicant's de-
clared alien status. The specific documents which the department will ac-
cept for proof of eligibility under PRWORA can be found in the depart-
ment issued document entitled Driver and Occupational Licensing
Eligibility Documents, FFDL-20 (New. 3/98), which is hereby incorpo-
rated by reference.
(3) Where authorized by the INS, the documentation presented by an
alien as reasonable evidence of the alien's declared immigration status
will be submitted to the INS for verification through the Systematic Alien
Verification for Entitlements (SAVE) system procedures as follows:
(A) Unless the primary SAVE system is unavailable for use, the prima-
ry SAVE system verification must be used to access the biographical/im-
migration status computer record contained in the Alien Status Verifica-
tion Index (ASVI) maintained by the INS. Subject to subparagraph (B),
this procedure must be used to verify the status of all aliens who claim
to be qualified aliens and who present an INS issued document that con-
tains an alien registration or alien admission number.
Page 28.27
Register 2008, No. 29; 7-18-2008
§ 450.04
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(B) In any of the following cases, the secondary SAVE system verifi-
cation procedure must be used to forward copies of original INS docu-
ments evidencing an alien's status as a qualified alien, as a nonimmigrant
alien under the INA, or as an alien paroled into the United States under
Section 212(d)(5) of the INA (8 U.S.C. § 1 182(d)(5)), for less than one
year:
(i) The primary SAVE system is unavailable for verification.
(ii) A primary check of the ASVI instructs the department to "institute
secondary verification."
(iii) The document presented indicates immigration status but does not
include an alien registration or alien admission number.
(iv) The ASVI record includes the alien registration or admission num-
ber on the document presented by the alien but does not match other in-
formation contained in the document.
(v) The document is suspected to be counterfeit or to have been altered.
(vi) The document includes an alien registration number in the A60
000 000 (not yet issued) or A80 000 000 (illegal border crossing) series.
(vii) The document is a fee receipt from INS for replacement of a lost,
stolen, or unreadable INS document.
(viii) The document is one of the following: an INS Form 1-181 b noti-
fication letter issued in connection with an INS Form 1-181 Memoran-
dum of Creation of Record of Permanent Residence, an Arrival-Depar-
ture Record (INS Form 1-94) or a foreign passport stamped
"PROCESSED FOR 1-551 , TEMPORARY EVIDENCE OF LAWFUL
PERMANENT RESIDENCE" that INS issued more than one year before
the date of application for a PRWORA benefit.
(4) Where verification through the SAVE system is not available, if the
documents presented do not on their face reasonably appear to be genu-
ine or to relate to the individual presenting them, the government entity
that originally issued the document should be contacted for verification.
With regard to naturalized citizens and derivative citizens presenting cer-
tificates of citizenship and aliens, the INS is the appropriate government
entity to contact for verification. The department will request verification
by the INS by filing INS Form G-845 with copies of the pertinent docu-
ments provided by the applicant with the local INS office. If the applicant
has lost his or her original INS documents, or presents expired INS docu-
ments or is unable to present any documentation evidencing his or her im-
migration status, the applicant should be referred to the local INS office
to obtain documentation.
(5) If the INS advises that the applicant has citizenship status or immi-
gration status which makes him or her a qualified alien under PRWORA,
the INS verification should be accepted. If the INS advises that it cannot
verify that the applicant has citizenship status, or an immigration status
that makes him or her a qualified alien, the PRWORA benefit should be
denied and the applicant notified pursuant to the department's regular
procedures of his or her rights to appeal the denial of the PRWORA bene-
fit.
(6) Provided that the alien has completed and signed a PRWORA eli-
gibility statement under penalty of perjury on the appropriate application
form and provided documents of a type acceptable to the INS which serve
as reasonable evidence of the applicant's declared status, eligibility for
a PRWORA benefit shall not be delayed, denied, reduced or terminated
while the status of the alien is verified.
(0 Pursuant to Section 434 of the PRWORA (8 U.S.C. § 1 644), where
the department reasonably believes that an alien is unlawfully in the State
based on the failure of the alien to provide reasonable evidence of the
alien's declared status, after an opportunity to do so, said alien should be
reported to the Immigration and Naturalization Service.
NOTE: Authority cited: Section 1651 , Vehicle Code. Reference: 8 U.S.C. Sections
1621, 1641, and 1642; and U.S.C. Section 2000d et seq.
History
1 . New section filed 8-20-98; operative 9-19-98 (Register 98, No. 34). For prior
history, see Register 93, No. 30.
§ 450.04. Terms of Issuance and Restrictions.
(a) The department may issue a temporary PRWORA benefit provided
there is no other cause for refusal pending verification of documents sub-
mitted as proof of eligibility, or to allow applicants sufficient time to pro-
vide such documents when they have completed and signed a PRWORA
eligibility statement. The temporary PRWORA benefit is valid for up to
1 20 days and the department may extend the temporary PRWORA bene-
fit, if the applicant provides evidence that he/she is in the process of ob-
taining proof of eligibility.
(b) The department may refuse to accept an application for a PRWO-
RA benefit, if the applicant has not provided one of the documents re-
quired by Section 450.02 to establish proof of PRWORA eligibility.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: 8 U.S.C. Sections
1621, 1641. and 1642.
History
1 . New section filed 8-20-98; operative 9-19-98 (Register 98, No. 34). For prior
history, see Register 93, No. 30.
§ 450.06. Appeals Hearings.
(a) The department shall provide for an appeal hearing from the denial
of a Commercial Driver License, Non-Commercial Firefighter Driver
License, School Bus Certificates, School Pupil Activity Bus Certificates,
Youth Bus Certificates, General Public Paratransit Vehicle Certificates,
Vehicle for Developmentally Disabled Persons Certificate, Ambulance
Certificate, California Tow Truck Driver Clearance, Hazardous Agricul-
tural Materials/Wastes Transportation Verification, Verification of
Transit Training Document, or a Farm Labor Certificate. The hearing
shall be held in accordance with Article 3 (commencing with Section
13800 or 14100) of Chapter 3 of Division 6 of the Vehicle Code.
(b) The department shall provide for an appeal hearing from the denial
of an occupational license or motor carrier permit. The hearing shall be
held pursuant to Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code.
(c) The only issue at the hearings shall be whether the department has
acted properly in refusing to issue a temporary or permanent PRWORA
benefit based on a failure to provide the documentation establishing
PRWORA eligibility as required by Section 450.02.
NOTE: Authority cited: Section 165 1, Vehicle Code. Reference: 8 U.S.C. Sections
1621, 1641, and 1642; and Sections 11107, 1121 1, 1 1217, 11302, 11408, 11509,
1 1605, 1 1705, 1 1808, 1 1903, 12506, 12507.1, 12800(j) and 34623, Vehicle Code.
History
1 . New section filed 8-20-98; operative 9-19-98 (Register 98, No. 34). For prior
history, see Register 93, No. 30.
§ 450.08. Bond Requirements with an Application for
Original Occupational License For a
Registration Service.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11401
and 11402, Vehicle Code.
History
1. New section filed 11-4-92; operative 12-4-92 (Register 92, No. 45).
2. Change without regulatory effect renumbering former section 450.08 to section
330.08 filed 7-19-93 pursuant to title 1 , section 1 00, California Code of Regu-
lations (Register 93, No. 30).
3. Prior to adoption of article 7 filed 8-20-98 (Register 98, No. 34), this section
was part of article 6.1 .
§ 450.10. Certification Required with an Application for an
Original Registration Service License.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 11403,
Vehicle Code.
History
1. New section filed 1 1^4—92; operative 12-4-92 (Register 92, No. 45).
2. Change without regulatory effect renumbering former section 450.10 to section
330.10 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
3. Prior to adoption of article 7 filed 8-20-98 (Register 98, No. 34), this section
was part of article 6.1.
Page 28.28
Register 2008, No. 29; 7-18-2008
Title 13
Department of Motor Vehicles
§ 450.40
§ 450.12. Temporary Permit and License Issuance and
Posting.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11400
and 11404, Vehicle Code.
History
1. New section filed 1 1-4-92; operative 12-4-92 (Register 92, No. 45).
2. Change without regulatory effect renumbering former section 450. 12 to section
330.12 filed 7-19-93 pursuant to title 1, section 100. California Code of Regu-
lations (Register 93, No. 30).
3. Prior to adoption of article 7 filed 8-20-98 (Register 98, No. 34), this section
was part of article 6.1.
§ 450.14. Renewal of a Registration Service License.
NOTE: Authority cited: Section 165 1, Vehicle Code. Reference: Sections 1 1409
and 11410, Vehicle Code.
HrSTORY
1. New section tiled 1 1-4-92; operative 12-4-92 (Register 92, No. 45).
2. Change without regulatory effect renumbering former section 450. 14 to section
330.14 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
3. Prior to adoption of article 7 filed 8-20-98 (Register 98, No. 34), this section
was part of article 6. 1 .
§ 450.16. Change of Business or Corporate Name.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11402
and 1409, Vehicle Code.
History
1. New section filed 11-4-92; operative 12-4-92 (Register 92, No. 45).
2. Change without regulatory effect renumbering former section 450. 16 to section
330.16 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
3. Prior to adoption of article 7 filed 8-20-98 (Register 98, No. 34), this section
was part of article 6. 1 .
§ 450.1 8. Addition of a Branch Office or Change of
Address.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 11409,
Vehicle Code.
History
1. New section filed 11-4-92; operative 12-4-92 (Register 92, No. 45).
2. Change without regulatory effect renumbering former section 450.1 8 to section
330.18 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
3. Prior to adoption of article 7 filed 8-20-98 (Register 98, No. 34), this section
was part of article 6.1.
§ 450.20. Employee Changes.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 1 1401,
Vehicle Code.
History
1. New section filed 11^4-92; operative 12-4-92 (Register 92, No. 45).
2. Change without regulatory effect renumbering former section 450.20 to section
330.20 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
3. Prior to adoption of article 7 filed 8-20-98 (Register 98, No. 34), this section
was part of article 6.1.
§ 450.21 . Change of Ownership.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 11490,
Vehicle Code.
History
1 . New section filed 1 1-4-92; operative 12-4-92 (Register 92, No. 45).
2. Change without regulatory effect renumbering former section 450.20 to section
330.21 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regu-
lations (Register 93, No. 30).
3. Prior to adoption of article 7 filed 8-20-98 (Register 98, No. 34), this section
was part of article 6.1 .
§ 450.22. Change in Corporate Officer Structure.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11401
and 1 1409, Vehicle Code.
History
1. New section filed 11^4—92; operative 12-4-92 (Register 92, No. 45).
2. Change without regulatory effect renumbering former section 450.22 to section
330.22 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
3. Prior to adoption of article 7 filed 8-20-98 (Register 98, No. 34), this section
was part of article 6. 1 .
§ 450.24. Signs.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 1 1401,
Vehicle Code.
History
1. New section filed 11-4-92; operative 12—1-92 (Register 92, No. 45).
2. Change without regulatory effect renumbering former section 450.24 to section
330.24 filed 7-1 9-93 pursuant to title 1 , section 1 00, California Code of Regu-
lations (Register 93, No. 30).
3. Prior to adoption of article 7 filed 8-20-98 (Register 98, No. 34), this section
was part of article 6.1.
§ 450.26. Advertising.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 25 and
11405, Vehicle Code.
History
1. New section filed 11^1-92; operative 12-4-92 (Register 92, No. 45).
2. Change without regulatory effect renumbering former section 450.26 to section
330.26 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regu-
lations (Register 93, No. 30).
3. Prior to adoption of article 7 filed 8-20-98 (Register 98, No. 34), this section
was part of article 6.1 .
§ 450.28. Additional Services Provided.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 505.2
and 11400, Vehicle Code.
History
1. New section filed 11-4-92; operative 12-4-92 (Register 92, No. 45).
2. Change without regulatory effect renumbering former section 450.28 to section
330.28 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regu-
lations (Register 93, No. 30).
3. Prior to adoption of article 7 filed 8-20-98 (Register 98, No. 34), this section
was part of article 6.1 .
§ 450.30. Compensation Received by a Registration
Service.
NOTE: Authority cited: Section 1651. Vehicle Code. Reference: 1 1406, Vehicle
Code.
History
1. New section filed 1 1^4—92; operative 12-4-92 (Register 92, No. 45).
2. Change without regulatory effect renumbering former section 450.30 to section
330.30 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regu-
lations (Register 93, No. 30).
3. Prior to adoption of article 7 filed 8-20-98 (Register 98, No. 34), this section
was part of article 6.1.
§ 450.32. Submitting Fees and Documents to the
Department.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 11406,
Vehicle Code.
History
1 . New section filed 1 1-4-92; operative 12^4—92 (Register 92, No. 45).
2. Change without regulatory effect renumbering former section 450.32 to section
330.32 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
3. Prior to adoption of article 7 filed 8-20-98 (Register 98, No. 34), this section
was part of article 6.1.
§ 450.34. Subcontracting and Responsibility.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 505.2
and 1 1406, Vehicle Code.
History
1 . New section filed 1 1^4-92; operative 12^1—92 (Register 92, No. 45).
2. Change without regulatory effect renumbering former section 450.34 to section
330.34 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
3. Prior to adoption of article 7 filed 8-20-98 (Register 98, No. 34), this section
was part of article 6.1.
§ 450.38. Withholding Documents or Operating Authority.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 11405,
Vehicle Code.
History
1. New section filed 11-4-92; operative 12-4-92 (Register 92, No. 45).
2. Change without regulatory effect renumbering former section 450.38 to section
330.38 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
3. Prior to adoption of article 7 filed 8-20-98 (Register 98, No. 34), this section
was part of article 6.1 .
§ 450.40. Release of Information.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 1 1406,
Vehicle Code.
Page 28.29
Register 2008, No. 29; 7- 18-2008
§ 450.42
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
HrSTORY
1. New section filed 1 1-4-92; operative 12-4-92 (Register 92, No. 45).
2. Change without regulatory effect renumbering former section 450.40 to section
330.40 filed 7-19—93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
3. Prior to adoption of article 7 filed 8-20-98 (Register 98, No. 34), this section
was part of article 6.1.
§ 450.42. Information for Clients.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 11406,
Vehicle Code.
History
1. New section filed 11-4-92; operative 12^-92 (Register 92, No. 45).
2. Change without regulatory effect renumbering former section 450.42 to section
330.42 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
3. Prior to adoption of article 7 filed 8-20-98 (Register 98, No. 34), this section
was part of article 6.1.
§ 450.44. Listing Sheet for Transmitting Registration
Documents.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 11406,
Vehicle Code.
History
1. New section filed ll^t-92; operative \2-A-92 (Register 92, No. 45).
2. Change without regulatory effect renumbering former section 450.44 to section
330.44 filed 7-19-93 pursuant to title 1 , section 100, California Code of Regu-
lations (Register 93, No. 30).
3. Prior to adoption of article 7 filed 8-20-98 (Register 98, No. 34), this section
was part of article 6.1. _
§ 450.46. Incomplete Transactions.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 11406,
Vehicle Code.
History
1. New section filed 1 1-4-92; operative 12^-92 (Register 92, No. 45).
2. Change without regulatory effect renumbering former section 450.46 to section
330.46 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
3. Prior to adoption of article 7 filed 8-20-98 (Register 98, No. 34), this section
was part of article 6. 1 .
§ 450.48. Maintenance and Inspection of Business
Records.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11406
and 11407, Vehicle Code.
History
1. New section filed 11^1-92; operative 12-4-92 (Register 92, No. 45).
2. Change without regulatory effect renumbering former section 450.48 to section
330.48 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
3. Prior to adoption of article 7 filed 8-20-98 (Register 98, No. 34), this section
was part of article 6.1.
§ 450.50. Electronic Maintenance of Records.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11406
and 1 1407, Vehicle Code.
History
1. New section filed 1 \-\-92\ operative 12-4-92 (Register 92, No. 45).
2. Change without regulatory effect renumbering former section 450.50 to section
330.50 filed 7—19—93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
3. Prior to adoption of article 7 filed 8-20-98 (Register 98. No. 34), this section
was part of article 6.1 .
§ 450.52. Registration Service Voluntarily Out of Business.
NOTE: Authority cited: Section 1651. Vehicle Code. Reference: Sections 505.2
and 11407, Vehicle Code.
History
1. New section filed 11-4-92; operative 12-4-92 (Register 92, No. 45).
2. Change without regulatory effect renumbering former section 450.52 to section
330.52 filed 7-1 9-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
3. Prior to adoption of article 7 filed 8-20-98 (Register 98, No. 34), this section
was part of article 6.1.
§ 450.54. Refusal to Issue, Suspension, Revocation or
Cancellation of a License.
NOTE: Authority cited: Sections 1651, Vehicle Code. Reference: Section 1 1405
and 11408, Vehicle Code.
History
1. New section filed 11-4-92; operative 12^1-92 (Register 92, No. 45).
2. Change without regulatory effect renumbering former section 450.54 to section
330.54 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
3. Prior to adoption of article 7 filed 8-20-98 (Register 98, No. 34), this section
was part of article 6.1.
§ 450.56. Notices of Suspension.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 11408,
Vehicle Code.
History
1 . New section filed 1 1-4-92; operative 12^4—92 (Register 92, No. 45).
2. Change without regulatory effect renumbering former section 450.56 to section
330.56 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
3. Prior to adoption of article 7 filed 8-20-98 (Register 98, No. 34), this section
was part of article 6.1.
§ 450.58. Surrender of Records.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Sections 11405
and 11408, Vehicle Code.
History
1 . New section filed 1 1-4-92; operative 12-4-92 (Register 92, No. 45).
2. Change without regulatory effect renumbering former section 450.58 to section
330.58 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
3. Prior to adoption of article 7 filed 8-20-98 (Register 98, No. 34), this section
was part of article 6.1.
§ 450.60. Certificate of Convenience.
NOTE: Authority cited: Section 1651, Vehicle Code. Reference: Section 11401,
Vehicle Code.
History
1. New section filed 11-4-92; operative 12^4—92 (Register 92, No. 45).
2. Change without regulatory effect renumbering former section 450.60 to section
330.60 filed 7-19-93 pursuant to title 1, section 100, California Code of Regu-
lations (Register 93, No. 30).
3. Prior to adoption of article 7 filed 8-20-98 (Register 98, No. 34), this section
was part of article 6. 1 .
* * *
Page 28.30
Register 2008, No. 29; 7-18-2008
_«.
Barclays Official
California
Code of
Regulations
Title 13. Motor Vehicles
Division 1. Department of Motor Vehicles
Chapter 2. New Motor Vehicle Board
Vol. 17
THOMSON
*
WEST
Barclays Official California Code of Regulations
425 Market Street • Fourth Floor • San Francisco, CA 94105
800-888-3600
Title 13
New Motor Vehicle Board
Table of Contents
Chapter 2. New Motor Vehicle Board
Table of Contents
Page
Page
Article 1.
§ 550.
§550.10.
§ 550.20.
§551.
§551.1
§551.2
§551.5
§551.6
§ 551.7
§ 551.8
§551.10.
§551.11.
§551.12.
§551.13,
•
Administration 29
Definitions.
Application of Subchapter.
Use of Certified Mail in Lieu of
Registered Mail.
Authority.
Challenge.
Subpoenas.
Depositions.
Testimony by Deposition.
Reporting of Proceedings.
Dismissals of Petitions, Appeals,
and Protests.
Costs for Changes in Venue.
Settlement Conference: Separation
of Powers.
Notice of Assignment of
Administrative Law Judges;
Peremptory Challenges.
Intervention; Grant of Motion;
Conditions.
§ 565.
Article 3.
§551.14.
Request for Informal Mediation.
§551.15.
Request for Discovery; Informal
Mediation.
§551.16.
Informal Mediation Process.
§551.17.
Conversion of Informal Mediation
to Petition; Confidentiality.
§ 552.
Records.
§553.
Annual Board Fee.
§553.1.
Filing Fees.
§ 553.10.
Statement of Number of Vehicles
Distributed.
§ 553.20.
Determination of Annual Board
Fee.
§ 553.40.
Filing Fees.
Article 1.5.
Administration of Fee
Collection for
Certification Account 34
§ 553.50.
Obligation to Comply.
§ 553.60.
Presumption of Liability.
§ 553.70.
Payment of Fees.
§553.71.
Delinquency of Payment.
§ 553.72.
Transmittal of Fees by Mail.
§ 553.75.
Noncompliance.
Article 2.
Filing of Petition 34.1
§ 554.
Petitioners.
§555.
Contents.
§555.1.
Service of Petition upon
Respondent(s).
§ 556.
Form and Filing of Petition.
§557.
Notice to Respondent: First
Consideration.
§ 558.
Answer-Time of Filing; Form and
Content.
§559.
Shortening Time.
§560.
Extension of Time and
Continuances.
§561.
Additional Evidence and Argument
in Support of Petition.
§562.
Action by the Board.
§ 563.
Voluntary Dismissal.
§564.
Decision.
§ 566.
§ 567.
§ 568.
§569.
§ 570.
§571.
§572.
§ 573.
'§ 574.
§ 575.
§ 576.
§ 577.
Article 4.
§578.
§579.
§580.
§581.
§582.
Article 5.
§583.
§584.
§ 585.
§585.1.
§ 586.
Request for Extension of Time;
Temporary Ownership or Operation
of a Dealership by a Manufacturer,
Branch, or Distributor.
Appeals from Decisions of
the Department 36.1
Time of Filing Notice of Appeal.
Form.
Contents of Notice of Appeal.
Affidavit in Support of Appeal
Based on Section 3054(e), Vehicle
Code.
Service of Notice upon Department.
Filing with Board the
Administrative Record.
Agreed Statement.
Briefs.
Notice of Hearing.
Continuances.
Conduct of Hearing.
Costs of Appeal.
Hearings on Petitions and
Appeals 36.3
Reporting of Proceedings.
Subpoenas.
Procedure at Hearings.
Deliberations of the Board.
Failure to Appear.
Protests 36.3
Form.
Service of Protest upon Franchisor.
Time of Filing and Content of
Protests Pursuant to Sections 3060,
3062, 3070, and 3072, Vehicle
Code.
Time of Filing and Content of
Notice of Appearance.
Filing of Protest, Schedules of
Compensation for Preparation and
Delivery Obligations, Warranty
Reimbursement Schedules or
Formulas, and Franchisor Incentive
Program Reimbursement Pursuant
to Sections 3064, 3065, 3065.1,
3074, 3075, and 3076 V.C.
§587.
Stipulation of Fact.
§ 588.
Deliberations of the Board.
§589.
Failure to Appear.
§590.
Hearings by Board or by
Administrative Law Judge.
§591.
Notice of Hearing.
§592.
Continuances.
Article 6.
Form of Filings and Notices 36.5
§593.
Papers Defined — Approved Forms.
§593.1.
Notices.
§ 593.2.
Briefs.
§ 593.3.
Failure to File or to Timely File
Statutorily Required Notices,
Schedules, or Formulas.
§594.
Size of Paper, Pagination, Etc.
§595.
Format of First Page.
§596.
Conformance of Copies.
Page i
(1-4-2008)
Table of Contents BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 13
Page
§ 597. Last Page.
§598. Acceptance of Filing.
Article 7. New Motor Vehicle Board —
Conflict of Interest Code 36.6
Page ii
(1-4-2008)
Title 13
New Motor Vehicle Board
§ 551.2
Chapter 2. New Motor Vehicle Board
Article 1. Administration
§ 550. Definitions.
For the purposes of these rules:
(a) "Board" means the New Motor Vehicle Board.
(b) "Department" means the Department of Motor Vehicles of the
State of California.
(c) "Director" means the director of the department.
(d) "Executive Director" means the chief executive officer of the
board.
(e) Unless otherwise designated, the words "respondent," "appellant"
or "party" mean the real party in interest.
(f) "Party" includes the petitioner, respondent, department, appellant
or director.
(g) "Petitioner" means any person, including a board member seeking
consideration by the board under subsection (c) of section 3050 of the
Vehicle Code of a matter involving a person applying for or holding a li-
cense as a new motor vehicle dealer, manufacturer, manufacturer branch,
distributor, distributor branch or representative.
(h) "Respondent" means any licensed new motor vehicle dealer, man-
ufacturer, manufacturer branch, distributor, distributor branch or repre-
sentative as defined in sections 426, 672, 389, 296, 297 and 512, respec-
tively, of the Vehicle Code.
(i) "Manufacturer" means any new motor vehicle manufacturer or
manufacturer branch required to be licensed pursuant to Article 1 (com-
mencing with section 1 1700) of Chapter 4 of Division 5 of the Vehicle
Code.
(j) "Distributor" means any new motor vehicle distributor or distribu-
tor branch required to be licensed pursuant to Article 1 (commencing
with section 1 1700) of Chapter 4 of Division 5 of the Vehicle Code.
(k) "Protestant" means any licensed new motor vehicle dealer as de-
fined in section 426 of the Vehicle Code.
NOTE: Authority cited: Section 3050(a), Vehicle Code. Reference: Sections
3050-3058, Vehicle Code; and Section 472(b), Business and Professions Code.
History
1. New subchapter 2 (sections 550 through 590, not consecutive), filed 1-17-69
as procedural and organizational; effective upon filing (Register 69, No. 3).
2. Amendment filed 7-19-74; effective thirtieth day thereafter (Register 74, No.
29).
3. Amendment of subsections (g) and (h) and Note filed 10-16-89; operative
1 1-15-89 (Register 89, No. 44).
4. Amendment filed 12-21-90; operative 12-21-90 (Register 91, No. 7).
5. Change without regulatory effect amending subsection (h) and Note filed
12-24-92 pursuant to section 100, title 1, California Code of Regulations (Reg-
ister 92, No. 52).
6. Change without regulatory effect amending subsection (d) filed 12-31-2003
pursuant to section 100, title 1, California Code of Regulations (Register 2004,
No. 1).
7. Amendment of subsections (i)-(j) and new subsection (k) filed 1 1-8-2005; op-
erative 12-8-2005 (Register 2005, No. 45).
§ 550.10. Application of Subchapter.
Application of this subchapter is subject to the limitations as set forth
insection 3051 of the Vehicle Code.
NOTE: Authority cited: Section 3050(a), Vehicle Code. Reference: Section 3051,
Vehicle Code.
History
1. New section filed 12-21-90; operative 12-21-90 (Register 91, No. 7).
§ 550.20. Use of Certified Mail in Lieu of Registered Mail.
Any notice or other communication required by Chapter 6 of Division
2 of the Vehicle Code to be mailed by registered mail shall be deemed
to be in compliance with the requirements of said Chapter if mailed by
certified mail.
NOTE: Authority cited: Section 3050(a), Vehicle Code. Reference: Sections 29,
3052, 3057, 3058 and 3066-3068, Vehicle Code.
History
1. New section filed 5-18-2006; operative 6-17-2006 (Register 2006, No. 20).
§551. Authority.
The powers and duties of this board are set forth in Chapter 6 (com-
mencing at Section 3000) of Division 2 of the Vehicle Code. Persons hav-
ing matters to be considered by the board, or appeals to the board from
actions or decisions of the Department of Motor Vehicles should refer to
said Vehicle Code provisions under which these rules are adopted to gov-
ern procedural matters of the board. Reference is also made to the Gener-
al Provisions of the Vehicle Code (commencing at Section l ), and Divi-
sion 1 thereof (commencing at Section 100), and to the provisions of
Chapter 5, Division 3, Title 2 of the Government Code (commencing
with Section 1 1500 thereof)-
History
1 . Amendment filed 7-19-74; effective thirtieth day thereafter (Register 74, No.
29).
§551.1. Challenge.
An administrative law judge or board member shall voluntarily dis-
qualify himself or herself and withdraw from any hearing or deliberation
in which he or she cannot accord a fair and impartial hearing or consider-
ation. Any party may request the disqualification of any administrative
law judge or board member by filing an affidavit, prior to the taking of
evidence at a hearing, stating with particularity the grounds upon which
it is claimed that a fair and impartial hearing cannot be accorded. Where
the request concerns a board member, the issue shall be determined by
the other members of the board. Where the request concerns the adminis-
trative law judge, the issue shall be determined by the board if the board
itself hears the case with the administrative law judge, otherwise the issue
shall be determined by the administrative law judge.
NOTE: Authority cited: Section 3050, Vehicle Code. Reference: Section 11723,
Vehicle Code.
History
1 . New section filed 1 -28-76 as an emergency; effective upon filing (Register 76,
No. 5).
2. Certificate of Compliance filed 5-28-76 (Register 76, No. 22).
3. Change without regulatory effect amending section filed 12-31-2003 pursuant
to section 100, title 1 , California Code of Regulations (Register 2004, No. 1).
4. Change without regulatory effect amending section filed 5-31-2005 pursuant
to section 100, title 1, California Code of Regulations (Register 2005, No. 22).
§551.2. Subpoenas.
(a) Upon the request of any party, the executive director may, and at
the direction of the board the executive director shall, issue a subpoena
for the attendance of any person before the board, for the attendance and
testimony of a deponent, or a subpoena duces tecum for the production
of papers, records, and books by a witness or a deponent.
(b) The issuance of a subpoena for the attendance and testimony of a
witness or for a subpoena duces tecum for the production of papers, re-
cords, and books for hearing shall be governed by the requirements set
forth in Chapter 2 (commencing with Section 1985) of Title 3 of Part 4
of the Code of Civil Procedure, excepting the provisions of subsection
(c) of Section 1985, of that code. A copy of an affidavit shall be served
with a subpoena duces tecum for hearing containing the information re-
quired by Code of Civil Procedure Section 1985(b).
(c) The issuance of a subpoena for the attendance and testimony of a
non-party deponent or for a subpoena duces tecum for the production of
papers, records, and books for deposition of a non-party shall be gov-
erned by the requirements set forth in Article 3 (commencing with Sec-
tion 2016.010) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Proce-
dure, excepting the provisions of Section 2020.210, subdivisions (a) and
(b) of that code. A subpoena dues tecum issued to a non-party deponent
need not be accompanied by an affidavit or declaration showing good
cause for the production of the business records designated in it.
(d) Following service of the subpoena upon the witness or deponent,
the original subpoena and an executed proof of service shall be filed with
the Board.
Page 29
Register 2006, No. 20; 5-19-2006
§ 551.5
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
NOTE: Authority cited: Section 3050(a), Vehicle Code. Reference: Section
3050.1(a), Vehicle Code.
History
1. Renumbering of former Section 579 to Section 551.2 filed 10-16-89; operative
1 1-15-89 (Register 89, No. 44). For prior history, see Register 79, No. 28.
2. Amendment filed 10-9-98; operative 11-8-98 (Register 98, No. 41).
3. Change without regulatory effect amending subsection (a) filed 12-31-2003
pursuant to section 1 00, title 1 , California Code of Regulations (Register 2004,
No. 1).
4. Change without regulatory effect amending subsection (c) filed 8-24-2005 pur-
suant to section 1 00, title 1, California Code of Regulations (Register 2005, No.
34).
§551.5. Depositions.
NOTE: Authority cited: Section 3050, Vehicle Code. Reference: Section 1 1723,
Vehicle Code.
History
1. New section filed 1-28-76 as an emergency; effective upon filing (Register 76,
No. 5).
2. Repealed by operation of Section 11422.1(c), Government Code (Register 76,
No. 22).
§ 551 .6. Testimony by Deposition.
On verified petitions of any party, the board may order that the testimo-
ny of any material witness residing within or without the state be taken
by deposition in the manner prescribed by law for depositions in civil ac-
tions. Petition shall set forth the nature of the pending proceedings; the
name and address of the witness whose testimony is desired; the showing
of the materiality of his or her testimony; a showing that the witness shall
be unable or cannot be compelled to attend; and shall request an order re-
quiring the witness to appear and testify before an officer named in the
petition for that purpose. Where the witness resides outside the state and
where the board has ordered the taking of his or her testimony by deposi-
tion, the board shall obtain an order of court to that effect by filing a peti-
tion therefor in the Superior Court in Sacramento County. The proceed-
ings thereon shall be in accordance with the provisions of Section 1 1 189
of the Government Code.
NOTE: Authority cited: Section 3050, Vehicle Code. Reference: Section 11723,
Vehicle Code.
History
1. New section filed 1-28-76 as an emergency; effective upon filing (Register 76,
No. 5).
2. Certificate of Compliance filed 5-28-76 (Register 76, No. 22).
3. Change without regulatory effect amending section filed 5-31-2005 pursuant
to section 100, title 1, California Code of Regulations (Register 2005, No. 22).
§ 551 .7. Reporting of Proceedings.
The board may, at its discretion, assign the cost of reporting any pro-
ceedings before the board, including, but not limited to, transcript fees,
reporter's per diem costs, exhibits, pleadings, and reproduction of board
files as follows:
(a) Allocated entirely to one of the parties; or apportioned among the
various parties at the discretion of the board; or
(b) Assumed by the board, in whole or in part.
NOTE: Authority cited: Section 3050(a), Vehicle Code. Reference: Section
3050(a), Vehicle Code.
History
1. New section filed 3-6-79 as an emergency; effective upon filing (Register 79,
No. 10).
2. Certificate of Compliance transmitted to OAH 7-3-79 and filed 7-10-79 (Reg-
ister 79, No. 28).
3. Change without regulatory effect amending History 2. filed 12-24-92 pur-
suantto section 100, title 1 , California Code of Regulations (Register 92, No.
52).
§ 551.8. Dismissals of Petitions, Appeals, and Protests.
(a) The board may, at its discretion, dismiss a petition for good cause
shown. Good cause may include, but shall not be limited to, failure by the
petitioner to comply with any of the following sections of Article 2: 554,
555, 556.
(b) The board may, at its discretion, dismiss an appeal from decisions
of the department for good cause shown. Good cause may include, but
shall not be limited to, failure by the appellant to comply with any of the
following sections of Article 3: 566, 567, 568, 569, 570, 571(a), 571(b),
571(d), 572(a), 572(b), 572(c), 573(a), 573(d).
(c) The board may, at its discretion, dismiss a protest for good cause
shown. Good cause may include, but shall not be limited to, failure by the
protestant to comply with any of the following sections of Article 5: 583,
585, 586, 589.
(d) The board may, at its discretion, dismiss a petition, an appeal or a
protest, if additional information requested by the board is not supplied
within the time specified by the board.
(e) An order of dismissal of a petition, an appeal or a protest shall be
a final order pursuant to Vehicle Code sections 3057 or 3067, and no re-
consideration or rehearing shall be permitted.
NOTE: Authority cited: Section 3050(a), Vehicle Code. Reference: Sections
3050(a), 3050(c), 3050(d) and 3066, Vehicle Code; Automotive Management
Group Inc. [Santa Cruz. Mitsubishi] v. New Motor Vehicle Board; Real Partv in
Interest, Mitsubishi Motor Sales of America, Inc. (1993)20Cal.App.4th 1002'; 24
Cal.Rptr.2d 904; Duarte & Wining, Inc. v. New Motor Vehicle Board. Defendant
and Respondent; DaimlerChrysler Motors Corp.. Real Partv in Interest and Re-
spondent (2002), 104 Cal.App.4th 626; 128 Cal.Rptr.2d 501.
History
1 . New section filed 3-6-79 as an emergency; effective upon filing (Register 79,
No. 10).
2. Certificate of Compliance transmitted to OAH 7-3-79 and filed 7-10-79 (Reg-
ister 79, No. 28).
3. Amendment of subsections (a) and (b) filed 7-10-79 as an emergency; effective
upon filing. Certificate of Compliance included (Register 79, No. 28).
4. Editorial correction (Register 79, No. 38).
5. Amendment of section heading, section and Note filed 8-21-2003; operative
9-20-2003 (Register 2003, No. 34).
§ 551 .1 0. Costs for Changes in Venue.
A party to a proceeding before the board may request a change in ven-
ue. The board or an administrative law judge designated by the board or
its executive director may assess board costs to the requesting party if the
requesting party cancels the proceedings at the new location without
good cause or sufficient notice to the board to allow the board to avoid
costs incurred in changing the venue.
NOTE: Authority cited: Section 3050(a), Vehicle Code. Reference: Sections 3015
and 3050(a), Vehicle Code.
History
1. New section filed 8-21-2003; operative 9-20-2003 (Register 2003, No. 34).
For prior history, see Register 92, No. 52.
§ 551 .1 1 . Settlement Conference: Separation of Powers.
(a) The administrative law judge at the settlement conference shall not
preside at the hearing on the merits or in any proceeding relating to mo-
tions for temporary relief or interim orders unless otherwise stipulated by
the parties. Nothing in this regulation shall affect or limit the provisions
of Vehicle Code § 3050.4.
(b) The parties shall file a written settlement conference statement that
contains a detailed statement of facts, a statement of issues, and a good
faith settlement proposal. The settlement conference statement and the
original proof of service shall be received by the Board and copies served
on opposing party or parties no later than five business days before the
settlement conference.
NOTE: Authority cited: Section 3050(a), Vehicle Code. Reference: Sections 3050
and 3050.4, Vehicle Code.
History
1 . New section filed 8-10-98; operative 9-9-98 (Register 98, No. 33).
2. Change without regulatory effect amending section filed 12-31-2003 pursuant
to section 100, title 1, California Code of Regulations (Register 2004, No. 1).
3. Amendment of section heading, redesignation of existing section as subsection
(a) and new subsection (b) filed 11-8-2005; operative 12-8-2005 (Register
2005, No. 45).
4. Amendment of section heading and subsection (b) filed 5-18-2006; operative
6-17-2006 (Register 2006, No. 20).
§ 551 .1 2. Notice of Assignment of Administrative Law
Judges; Peremptory Challenges.
(a) The assigned administrative law judge in a protest or petition pro-
ceeding will be noted on the order of time and place of hearing. If there
Page 30
Register 2006, No. 20; 5-19-2006
Title 13
New Motor Vehicle Board
§ 551.14
is a subsequent assignment, an amended order or notice will be issued
identifying the new administrative law judge.
(b) In any proceeding other than those relating to applications for tem-
porary relief or interim orders, each party is entitled to a peremptory chal-
lenge of one administrative law judge, based solely upon satisfying all
of the following requirements:
(1) The peremptory challenge shall be filed with the Board no later
than either 20 days from the date of the order of time and place of hearing
or 20 days prior to the date scheduled for commencement of the hearing,
whichever is earlier.
(2) The peremptory challenge shall be made by the party, the party's
attorney, or authorized representative appearing in any proceeding by
written declaration consistent with the requirement of subsection (e), be-
low; and
(3) Notice of a peremptory challenge shall be served on opposing par-
ties.
(c) If a party obtains the removal of the assigned administrative law
judge, either by way of peremptory challenge, or for cause under Section
551.1, any other party shall have the right to a peremptory challenge of
the subsequently assigned administrative law judge provided that the
party complies with subparagraphs (b)(2)-(3), above. This latter pe-
remptory challenge shall be filed with the Board no later than either 20
days from the date of the notice or order identifying the subsequent ad-
ministrative law judge or 10 days prior to the date scheduled for the hear-
ing, whichever is earlier.
(d) No peremptory challenge shall be considered or granted if it is not
made within the time limits set forth above.
(e) Any declaration filed pursuant to this regulation shall be in substan-
tially the following form:
I, (name) , declare: That I am a party (or
attorney or authorized representative for a party) in the pending
matter. That the administrative law judge assigned to the hearing
is prejudiced against the party (or his or her attorney or
authorized representative of record) or the interest of the party
(or his or her attorney or authorized representative) so that the
declarant cannot or believes that he or she cannot have a fair and
impartial hearing before the administrative law judge.
This declaration is made under penalty of perjury under the
laws of the state of California and is signed (date) at
(city and state) .
(f) Unless required for the convenience of the board or good cause is
shown, a continuance of the hearing shall not be granted by reason of a
peremptory challenge. If a continuance is granted, the matter shall be
continued to the first convenient day for the board and shall be reassigned
or transferred for hearing as promptly as possible. Nothing in this regula-
tion shall affect or limit the provisions of Vehicle Code § 3066(a).
(g) Nothing in this regulation shall affect or limit the provisions of a
challenge for cause under Article 1, section 551.1.
NOTE: Authority cited: Sections 3050(a) and 3066, Vehicle Code. Reference: Sec-
tion 3050(a), Vehicle Code; and Section 11425.40, Government Code.
History
1. New section filed 9-23-98; operative 10-23-98 (Register 98, No. 39).
2. Change without regulatory effect amending section filed 12-31-2003 pursuant
to section 100, title 1, California Code of Regulations (Register 2004, No. 1).
3. Amendment of first paragraph and subsections (e) and (h) filed 1 1-8-2005; op-
erative 12-8-2005 (Register 2005, No. 45).
4. Amendment of section heading, section and Note filed 5-1 8-2006; operative
6-17-2006 (Register 2006, No. 20).
§ 551.13. Intervention; Grant of Motion; Conditions.
Any person, including a board member, concerned with the activities
or practices of any person applying for or holding a license as a new mo-
tor vehicle dealer, manufacturer, manufacturer branch, distributor, dis-
tributor branch, or representative, may file a motion with the executive
director of the board (or designee) requesting that the movant be allowed
to intervene in a pending proceeding. The motion to intervene may be
granted subject to the following:
(a) The motion shall be submitted in writing, with copies served on all
parties named in the pending proceeding.
(b) The motion shall be filed as early as practicable in advance of the
hearing.
(c) The motion shall state facts demonstrating that the applicant's legal
rights, duties, privileges, or immunities will be substantially affected by
the proceeding.
(d) The board, its executive director, or an administrative law judge
designated by the board or its executive director, shall determine that the
interests of justice and the orderly and prompt conduct of the proceeding
will not be impaired by allowing the intervention.
(e) The board, its executive director, or an administrative law judge
designated by the board or its executive director, may impose conditions
on the intervener's participation in the proceeding, either at the time that
intervention is granted or at a subsequent time. Such conditions shall be
at the sole discretion of the board, its executive director, or an administra-
tive law judge designated by the board or its executive director, based on
the knowledge and judgment at that time, so as to promote the interests
of justice. Conditions include, but are not limited to, the following:
(1) Limiting the intervener's participation to designated issues;
(2) Limiting or excluding the intervener's participation in discovery
and cross-examination; and
(3) Limiting or excluding the intervenor's participation in settlement
negotiations.
(f) The board, its executive director, or an administrative law judge
designated by the board or its executive director, shall issue an order
granting or denying the motion for intervention as early as practicable in
advance of the hearing, specifying any conditions, and briefly stating the
reasons for the order. The board, its executive director, or an administra-
tive law judge designated by the board or its executive director, may
modify the order at any time by giving notice to al 1 parties, stating the rea-
sons for the modification. The determination of the board, its executive
director, or an administrative law judge designated by the board or its
executive director, in granting or denying the motion for intervention, or
the determination modifying the order previously issued, is not subject
to administrative or judicial review.
The board, its executive director, or an administrative law judge desig-
nated by the board or its executive director, may, in his or her discretion,
allow the filing of amicus curiae briefs.
NOTE: Authority cited: Section 3050(a), Vehicle Code. Reference: Section
3050(a), Vehicle Code; and Section 1 1440.50, Government Code.
History
1. New section filed 6-3-99; operative 7-3-99 (Register 99, No. 23).
2. Change without regulatory effect amending first paragraph and subsections
(d)-(0 filed 12-31-2003 pursuant to section 100, title 1, California Code of
Regulations (Register 2004, No. 1).
§ 551.14. Request for Informal Mediation.
(a) Prior to initiating a petition pursuant to section 3050(c) of the Ve-
hicle Code, either party may request that the board mediate any honest
difference of opinion or viewpoint existing between any member of the
public and any new motor vehicle dealer, manufacturer branch, distribu-
tor, distributor branch, or representative.
(b) Participation in informal mediation is voluntary, informal, and
nonadversarial.
(c) The request for informal mediation shall set forth the nature of the
matter which the board is requested to mediate. The request for informal
mediation shall comply substantially with the following requirements:
(1) Include the name, mailing address and telephone number of the
person requesting informal mediation; the name, mailing address and
telephone number of his or her attorney or authorized agent if any, and
the name and address of the licensee or applicant for license whose activi-
ties or practices are in question.
(2) Insofar as is known to the person requesting informal mediation,
include the names, residence addresses and business addresses of per-
sons and the dates, places and specific actions or practices involved in the
matter.
Page 31
Register 2006, No. 20; 5-19-2006
§ 551.15
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(3) Describe the relief or disposition of the matter which the person re-
questing informal mediation would consider acceptable.
(d) A copy of the request for informal mediation shall be served on the
licensee or applicant for license whose activities or practices are in ques-
tion and proof of service (in compliance with Sections 1013(a) and
21 15.5, Code of Civil Procedure) thereof shall accompany the request for
informal mediation filed with the executive director of the board.
(e) The form of the request for informal mediation shall substantially
conform with the provisions of Article 6 hereof.
(f) Article 1. section 553.40 shall apply to all requests for informal
mediation.
NOTE: Authority cited: Section 3050(a), Vehicle Code. Reference: Section
3050(c), Vehicle Code.
History
1. New section filed 2-4-2003; operative 3-6-2003 (Register 2003, No. 6).
2. Change without regulatory effect amending subsection (d) tiled 12-31-2003
pursuant to section J 00, title 1 , California Code of Regulations (Reeister 2004,
No. 1).
§ 551.15. Request for Discovery; Informal Mediation.
For purposes of discovery, the board or its executive director, or an ad-
ministrative law judge designated by the board or its executive director
may, if deemed appropriate and proper under the circumstances, autho-
rize the parties to engage in such discovery procedures as are provided
for in civil actions in Article 3 (commencing with Section 2016.010) of
Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure, excepting
the provisions of Chapter 13, Sections 2030.010 through 2030.410 of
that code.
NOTE: Authority cited: Section 3050(a), Vehicle Code. Reference: Section
3050(c), Vehicle Code.
History
1. New section filed 2^-2003; operative 3-6-2003 (Register 2003, No. 6).
2. Change without regulatory effect amending section filed 1 2-3 1 -2003 pursuant
to section 100, title 1, California Code of Regulations (Register 2004, No. 1).
3. Change without regulatory effect amending section filed 8-24-2005 pursuant
to section 100, title 1, California Code of Regulations (Register 2005, No. 34).
§ 551.16. Informal Mediation Process.
(a) Upon receipt of the request for informal mediation, the Board staff
will initiate a conference call with the parties to ascertain whether the li-
censee or applicant for license whose activities or practices are in ques-
tion is agreeable to participating in informal mediation.
(b) If the licensee or applicant for license whose activities or practices
are in question is not agreeable to participating in informal mediation, ei-
ther party may request that this matter be converted to a petition proceed-
ing pursuant to Article 1, section 551.17.
(c) If the licensee or applicant for license whose activities or practices
are in question is agreeable to participating in informal mediation, a
mutually agreeable date for informal mediation will be calendared.
(1) Upon order of the board, and at least five business days prior to par-
ticipating in informal mediation, the parties shall file and serve a pre-
mediation statement which includes a detailed statement of facts, state-
ment of issues, and a realistic proposal for resolving the dispute.
(2) The board, its executive director, or an administrative law judge
designated by the board or its executive director, shall preside over the
informal mediation.
(3) Evidence set forth in declarations of expert or percipient witnesses
made under penalty or perjury may be considered by the board, its execu-
tive director, or an administrative law judge designated by the board or
its executive director, in his or her discretion.
(4) At any time during informal mediation, either party may request
that this matter be converted to a petition proceeding pursuant to Article
1, section 551.17
(5) All communications, negotiations, or settlement discussions by
and between participants in the course of informal mediation shall re-
main confidential.
NOTE: Authority cited: Section 3050(a), Vehicle Code. Reference: Section
3050(c), Vehicle Code.
History
1 . New section filed 2-4-2003; operative 3-6-2003 (Register 2003, No. 6).
2. Change without regulatory effect amending subsections (c)(2)-(3) filed
12-31-2003 pursuant to section 100, title 1, California Code of Regulations
(Register 2004, No. 1).
§ 551.17. Conversion of Informal Mediation to Petition;
Confidentiality.
(a) The board or its executive director, upon the request of either party,
or upon its own motion, may convert an informal mediation to a petition
under section 3050(c) of the Vehicle Code. The respondent shall be an
applicant for or holder of a license as a new motor vehicle dealer,
manufacturer, manufacturer branch, distributor, distributor branch, or
representative.
(b) Within 1 0 days of approval to convert the proceeding, the petition-
er shall file and serve a petition with the board which substantially com-
plies with Article 2, section 555 et seq.
(c) Upon receipt of the petition, a copy shall be transmitted by the
executive director of the board to each member of the board for consider-
ation in accordance with Section 557 hereof.
(d) If the filing fee was paid by both parties in the informal mediation
proceeding, no additional filing fee is required for conversion to a peti-
tion.
(e) In accordance with Section 558 hereof, the respondent shall file
with the executive director of the board a written answer to the petition.
(f) Chapter 6 (commencing with Section 3000) of Division 2 of the Ve-
hicle Code, and Chapter 2 (commencing with Section 550) of Division
1 of Title 13 of the California Code of Regulations shall apply.
(g) Notwithstanding any other provision of law, a communication
made in informal mediation is protected to the following extent:
(1) Anything said, any admission made, and any document prepared
in the course of, or pursuant to, informal mediation is a confidential com-
munication, and a party to the informal mediation has a privilege to refuse
to disclose and to prevent another from disclosing the communication,
whether in an adjudicative proceeding, civil action, or other proceeding.
This subsection does not limit the admissibility of evidence if all parties
to the proceeding consent.
(2) No reference to the informal mediation proceedings, the evidence
produced, or any other aspect of the informal mediation may be made in
an adjudicative proceeding or civil action, whether as affirmative evi-
dence, by way of impeachment, or for any other purpose.
(3) No informal mediation administrative law judge is competent to
testify in a subsequent administrative or civil proceeding as to any state-
ment, conduct, decision, or order occurring at, or in conjunction with, the
informal mediation.
(4) Evidence otherwise admissible outside of informal mediation is
not inadmissible or protected from disclosure solely by reason of its
introduction or use in informal mediation.
NOTE: Authority cited: Section 3050(a), Vehicle Code. Reference: Section
3050(c), Vehicle Code; and Sections 11 420.30 and 1 1470.50, Government Code.
History
1. New section filed 2^4-2003; operative 3-6-2003 (Register 2003, No. 6).
2. Change without regulatory effect amending subsection (a) filed 2-6-2003 pur-
suant to section 100, title 1 , California Code of Regulations (Register 2003, No.
6).
3. Change without regulatory effect amending subsections (a), (c), (e) and (g)(3)
filed 12-31-2003 pursuant to section 100, title 1, California Code of Regula-
tions (Register 2004, No. 1).
§ 552. Records.
(a) Place of Keeping. The records of the board shall be maintained at
its principal office at Sacramento in the custody of the executive director.
The executive director may certify to any of the board's official acts and
may certify copies of all official documents and orders of the board.
(b) Sale of Copies of Records. The executive director shall sell copies
of all or any part of the records of the board at a charge sufficient to pay
at least the cost of the copies.
(c) Preparation of Certified Copies Without Charge. The board for
good cause shown may direct the executive director to certify copies
without charge.
NOTE: Authority cited: Section 3050(a), Vehicle Code. Reference: Section
3050(a), Vehicle Code.
Page 32
Register 2006, No. 20; 5-19-2006
Title 13
New Motor Vehicle Board
§ 553.40
History
1 . Amendment of subsections (b) and (c) filed 3-6-79 as an emergency; effective
upon filing (Register 79, No. 10).
2. Certificate of Compliance transmitted to OAH 7-3-79 and filed 7-1 0-79 (Reg-
ister 79, No. 28).
3. Change without regulatory effect amending section filed 12-31-2003 pursuant
to section 100, title 1, California Code of Regulations (Register 2004, No. 1).
§ 553. Annual Board Fee.
(a) Pursuant to section 1 1 723 of the Vehicle Code, every applicant for
a license as a new motor vehicle dealer or dealer branch, and every appli-
cant for renewal of a license as a new motor vehicle dealer or dealer
branch, shall pay to the department for each issuance or renewal of such
license, the sum of $225.00, per year of licensure, in addition to all other
fees now required by the Vehicle Code.
For the purposes of this section, a dealer or dealer branch which is en-
franchised to sell both new motorcycles and new motor vehicles other
than motorcycles shall be subject to a licensing fee for sales of motor-
cycles and a licensing fee for sales of motor vehicles other than motor-
cycles.
(b) Pursuant to section 301 6 of the Vehicle Code, every new motor ve-
hicle manufacturer and distributor shall pay to the Board an annual fee
of $.338 per new motor vehicle distributed by the manufacturer or dis-
tributor which was sold, leased, or otherwise distributed in California to
a consumer of such new motor vehicles during the preceding calendar
year, provided, however, that the fee to be paid by each manufacturer or
distributor shall not be less than $225.00.
The board may waive fees for a new motor vehicle manufacturer or
distributor licensed in California, based on a determination that the
manufacturer or distributor either does not sell vehicles in California or
does not have an independent dealer or dealer branch in California.
NOTE: Authority cited: Section 3050(a). Vehicle Code. Reference: Sections
1 1723 and 3016, Vehicle Code; and Section 472.5(b), Business and Professions
Code.
History
1. Amendment filed 10-14-76 as an emergency; effective upon filing (Register
76, No. 42). For prior history, see Register 76, No. 1 .
2. Certificate of Compliance filed 12-15-76 (Register 76, No. 51).
3. Amendment filed 3-6-79 as an emergency; effective upon filing (Register 79,
No. 10).
4. Certificate of Compliance transmitted to OAL 7-3-79 and filed 7-10-79 (Reg-
ister 79, No. 28).
5. Amendment filed 2-4-82; effective upon filing pursuant to Government Code
section 1 1346.2(d) (Register 82, No. 6).
6. Amendment filed 1 1-4-82; designated effective 1 1-5-82 pursuant to Govern-
ment Code section 1 1346.2(d) (Register 82, No. 45).
7. Amendment filed 6-17-85; effective upon filing pursuant to Government Code
section 1 1346.2(d) (Register 85, No. 25).
8. Amendment filed 12-21-90; operative 12-21-90 (Register 91, No. 7).
9. Amendment filed 12-19-91; operative 12-19-91 pursuant to Government
Code section 1 1346.2(d) (Register 92, No. 1 1).
10. Change without regulatory effect amending Note filed 12-24-92 pursuant to
section 100, title 1 , California Code of Regulations (Register 92, No. 52).
11. Amendment filed 7-22-93 as an emergency; operative 7-22-93 (Register 93,
No. 30). A Certificate of Compliance must be transmitted to OAL 1 1-1 8-93 or
emergency language will be repealed by operation of law on the following day.
12. Certificate of Compliance as to 7-22-93 order transmitted to OAL 8-10-93
and filed 9-14-93 (Register 93, No. 38).
13. Editorial correction of printing error in History 12 (Register 93, No. 39).
14. Amendment filed 7-1-94; operative 7-1-94 (Register 94, No. 26).
15. Amendment filed 12-8-99; operative 1-7-2000 (Register 99, No. 50).
16. Amendment filed 9-27-2000; operative 12-3 1-2000 (Register 2000, No. 39).
17. Amendment filed 10-30-2001; operative 12-31-2001 (Register 2001, No.
44).
1 8. Amendment of subsection (b) filed 8-21-2003; operative 9-20-2003 (Regis-
ter 2003, No. 34).
19. Amendment of subsection (a) filed 3-23-2006; operative 4-22-2006 (Regis-
ter 2006, No. 12).
§553.1. Filing Fees.
NOTE: Authority cited: Section 3016, 3050(a) and 3050.5, Vehicle Code. Refer-
ence: Section 3060 and 3062, Vehicle Code.
HtSTORY
1. New section filed 4-9-85; effective thirtieth day thereafter (Register 85, No.
15).
2. Renumbering former section 553.1 to section 553.40 filed 12-21-90; operative
12-21-90 (Register 91. No. 7).
§ 553.1 0. Statement of Number of Vehicles Distributed.
(a) All manufacturers and distributors of new vehicles (as defined in
section 430 of the Vehicle Code) are required to file a written statement
with the Board on or before May 1 of each calendar year. The statement
shall include:
( 1 ) The number of new motor vehicles distributed by the manufacturer
or distributor which were sold, leased, or otherwise distributed in Califor-
nia to a consumer of such new motor vehicles during the preceding calen-
dar year;
(2) The name and business address of other manufacturers and distrib-
utors who are required to submit a statement reporting the distribution of
the same new motor vehicles;
(3) The name and business address of the person or persons authorized
to receive notices on behalf of the manufacturer or distributor.
(b) If the information required by subdivision (a) is not received by the
Board within the applicable time period or it is determined by the Board
that the information that is received is substantially inaccurate as com-
pared to the registration information derived from the records of the De-
partment of Motor Vehicles, it shall be presumed that the number of new
motor vehicles sold, leased, or otherwise distributed in this state by or on
behalf of the non-reporting entity during the preceding calendar year is
equal to the total number of new registrations during the period in ques-
tion of all vehicles manufactured or distributed by the non-reporting en-
tity as derived from the records of the Department of Motor Vehicles.
NOTE: Authority cited: Section 3050(a) and 3016, Vehicle Code. Reference: Sec-
tion 472.5(b) and (c)(2), Business and Professions Code.
History
1. New section filed 12-21-90; operative 12-21-90 (Register 91, No. 7).
2. Change without regulatory effect amending Note filed 12-24-92 pursuant to
section 100, title 1, California Code of Regulations (Register 92, No. 52).
§ 553.20. Determination of Annual Board Fee.
Upon receipt of the information required by section 553.10(a), or as
determined by section 553.10(b), the Board shall calculate the Annual
Board Fee to be paid by each manufacture, and distributor by multiplying
the annual fee per vehicle (as set forth in section 553(b)) by the number
of new motor vehicles distributed by the manufacturer or distributor in
the preceding calendar year. The Board shall thereafter send a written no-
tice by certified mail, return receipt requested, to each manufacturer and
distributor stating the number of new motor vehicles distributed by the
manufacturer or distributor and the amount of the fee to be paid.
Payment of the fee shall be made to the New Motor Vehicle Board no
later than thirty (30) days after the date of receipt of the notice.
NOTE: Authority cited: Section 3050(a) and 3016, Vehicle Code. Reference: Sec-
tion 472.5(b), (c)(1) and (c)(2), Business and Professions Code.
History
1. New section filed 12-21-90; operative 12-21-90 (Register 91, No. 7).
2. Change without regulatory effect amending Note filed 12-24-92 pursuant to
section 100, title 1, California Code of Regulations (Register 92, No. 52).
§ 553.40. Filing Fees.
A party filing a request for informal mediation, petition, appeal, or pro-
test pursuant to the provisions of this subchapter shall simultaneously de-
liver to the board a filing fee of $200, which is to be in the form of a check
or money order payable directly to the board, or a credit card payment.
The initial pleading filed in response to such request for informal medi-
ation, petition, appeal, or protest shall also be accompanied by a $200 fil-
ing fee. The board, in the discretion of the executive director, may refuse
to accept for filing any pleading subject to this section that is not accom-
panied by the requisite fee. The executive director may, upon showing
of good cause, waive any such fee.
NOTE: Authority cited: Section 3016, 3050(a) and 3050.5, Vehicle Code; and Sec-
tion 6163, Government Code. Reference: Sections 3060 and 3062, Vehicle Code.
History
1 . Renumbering former section 553 A to section 553.40 filed 12-21-90; operative
12-21-90 (Register 91, No. 7). For prior history, see Register 85, No. 15.
2. Change without regulatory effect amending Note filed 12-24-92 pursuant to
section 100, title 1, California Code of Regulations (Register 92, No. 52).
Page 33
Register 2007, No. 50; 12-14-2007
§ 553.50
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
3. Amendment filed 2-4-2003; operative 3-6-2003 (Register 2003, No. 6).
4. Amendment of section and Note filed 8-2 1-2003; operative 9-20-2003 (Reg-
ister 2003. No. 34).
5. Change without regulatory effect amending section filed 12-31-2003 pursuant
to section 100, title 1, California Code of Regulations (Register 2004, No. 1).
Article 1.5. Administration of Fee
Collection for Certification Account
§ 553.50. Obligation to Comply.
(a) All manufacturers, manufacturer branches, distributors and dis-
tributor branches of new motor vehicles (as defined in Business and Pro-
fessions Code Section 472(a)) are required to file a written statement with
the New Motor Vehicle Board on or before May 1 of each calendar year.
The statement shall include:
(1) The number of new motor vehicles distributed by the manufacturer
or distributor which were sold, leased, or otherwise distributed in Califor-
nia to a consumer of such new motor vehicles during the preceding calen-
dar year;
(2) The name and business address of other manufacturers and distrib-
utors who are required to submit a statement reporting the distribution of
the same new motor vehicles; and
(3) The business address and name of the person or persons authorized
to receive notices on behalf of the manufacturer or distributor.
(b) Payment of the fees pursuant to Business and Professions Code
Section 472.5 shall be the responsibility of the manufacturer or distribu-
tor which authorizes a retail seller, including a dealer, franchisee, or les-
sor (as those terms are defined in the Vehicle Code), to sell, lease, or
otherwise distribute the new motor vehicles.
NOTE: Authority cited: Section 472.5(f), Business and Professions Code. Refer-
ence: Sections 472.5(b) and (0, Business and Professions Code; and Sections 285,
331.1 and 372, Vehicle Code.
History
1. New section filed 8-26-88; operative 8-26-88 (Register 88, No. 36).
2. Change without regulatory effect amending subsections (a) and (b) and NOTE
filed T2-24-92 pursuant to section 100, title 1, California Code of Regulations
(Register 92, No. 52).
§ 553.60. Presumption of Liability.
If the information required by Section 553.50 is not received by the
Board within the applicable time period or it is determined by the Board
that the information that is received is substantially inaccurate as com-
pared to the registration information derived from the records of the De-
partment of Motor Vehicles, it shall be presumed that the number of new
motor vehicles sold, leased, or otherwise distributed in this state by or on
behalf of the non-reporting entity during the preceding calendar year is
equal to the total number of new registrations during the period in ques-
tion of all vehicles manufactured or distributed by the non-reporting en-
tity as derived from the records of the Department of Motor Vehicles.
NOTE: Authority cited: Section 472.5(f), Business and Professions Code. Refer-
ence: Section 472.5(c), Business and Professions Code.
History
1. New section filed 8-26-88; operative 8-26-88 (Register 88, No. 36).
2. Change without regulatory effect amending Note filed 12-24-92 pursuant to
section 100, title 1, California Code of Regulations (Register 92, No. 52).
§ 553.70. Payment of Fees.
The New Motor Vehicle Board shall determine the fee to be assessed
per vehicle by dividing the dollar amount necessary to fully fund the cer-
tification program for the Arbitration Certification Program by the num-
ber of new motor vehicles sold, leased, or otherwise distributed in Cali-
fornia during the preceding calendar year. For calendar year 2006, the fee
shall be $.497 per vehicle.
Upon receipt of the information required by Section 553.50(a), or as
determined by section 553.60, the New Motor Vehicle Board shall send
a written notice by certified mail, return receipt requested, to manufactur-
ers and distributors subject to the fee assessment stating the number of
new motor vehicles distributed by the manufacturer or distributor and the
amount of the fee to be paid.
Payment of the fee shall be made to the New Motor Vehicle Board no
later than thirty (30) days after the date of receipt of the notice.
NOTE: Authority cited: Section 472.5(f), Business and Professions Code. Refer-
ence: Sections 472.5(b), (c) and (e), Business and Professions Code.
History
1. New section filed 8-26-88; operative 8-26-88 (Register 88, No. 36).
2. Change without regulatory effect amending first paragraph filed 9-15-89 pur-
suant to section 100, title 1. California Code of Regulations; operative
10-15-89 (Register 89, No. 40).
3. Change without regulatory effect amending section filed 8-17-90 pursuant to
section 100, title 1, California Code of Regulations (Register 90, No. 41).
4. Editorial correction of printing error restoring first paragraph (Register 91. No.
30).
5. Change without regulatory effect amending section filed 9-6-91, pursuant to
section 100, title 1, California Code of Regulations (Register 91, No. 52).
6. Change without regulatory effect amending first paragraph and Note filed
12-24-92 pursuant to section 1 00, title 1 . California Code of Regulations (Reg-
ister 92, No. 52).
7. Change without regulatory effect amending section filed 2-25-93 pursuant to
section 1 00, title 1 , California Code of Regulations (Register 93, No. 9).
8. Change without regulatory effect amending section filed 10-18-93 pursuant to
title 1, section 100, California Code of Regulations (Register 93, No. 43).
9. Change without regulatory effect amending section filed 1-26-95 pursuant to
section 100, title 1, California Code of Regulations (Register 95. No. 4).
10. Change without regulatory effect amending first paragraph of section filed
2-8-96 pursuant to section 1 00, title 1 , California Code of Regulations (Regis-
ter 96. No. 6).
11. Change without regulatory effect amending first paragraph of section filed
2-7-97 pursuant to section 100, title 1, California Code of Regulations (Regis-
ter 97, No. 6).
12. Change without regulatory effect amending first paragraph of section filed
4-29-98 pursuant to section 100, title 1, California Code of Regulations (Regis-
ter 98, No. 18).
13. Change without regulatory effect amending first paragraph of section filed
3-1 8-99 pursuant to section 1 00, title 1 , California Code of Regulations (Regis-
ter 99, No. 12).
14. Change without regulatory effect amending first paragraph filed 3-6-2000
pursuant to section 1 00, title 1 , California Code of Regulations (Register 2000,
No. 10).
15. Change without regulatory effect amending first paragraph filed 1-25-2001
pursuant to section 100, title 1, California Code of Regulations (Register 2001,
No. 4).
16. Change without regulatory effect amending first paragraph filed 1-30-2002
pursuant to section 1 00, title 1 , California Code of Regulations (Register 2002,
No. 5).
17. Change without regulatory effect amending first paragraph filed 3-6-2003
pursuant to section 100, title 1 , California Code of Regulations (Register 2003,
No. 10).
18. Change without regulatory effect amending first paragraph filed 1-26-2004
pursuant to section 100, title 1, California Code of Regulations (Register 2004,
No. 5).
19. Change without regulatory effect amending first paragraph filed 1-4-2005
pursuant to section 100, title 1, California Code of Regulations (Register 2005,
No. 1).
20. Change without regulatory effect amending first paragraph filed 1-18-2006
pursuant to section 100, title 1, California Code of Regulations (Register 2006,
No. 3).
21. Editorial correction of History 2 (Register 2006, No. 50).
22. Change without regulatory effect amending first paragraph filed 12-13-2006
pursuant to section 100, title 1 , California Code of Regulations (Register 2006,
No. 50).
23. Change without regulatory effect amending first paragraph filed 12-10-2007
pursuant to section 100, title 1, California Code of Regulations (Register 2007,
No. 50).
§ 553.71 . Delinquency of Payment.
If the fee is not paid within the time period specified in Section 553.70
such fee is delinquent. If the fee is not paid within thirty (30) days after
it becomes delinquent, a penalty of ten (10) percent of the amount delin-
quent shall be added thereto.
NOTE: Authority cited: Section 472.5(f), Business and Professions Code. Refer-
ence: Sections 472.5(b), (c) and (d), Business and Professions Code.
History
1. New section filed 8-26-88; operative 8-26-88 (Register 88, No. 36).
2. Change without regulatory effect amending NOTE filed 12-24-92 pursuant to
section 100, title 1, California Code of Regulations (Register 92, No. 52).
§ 553.72. Transmittal of Fees by Mail.
No penalty shall be imposed for delinquent payment of any fee re-
quired to be paid under this article in the event any instrument for effec-
tive payment of such fee is placed in the United States mail or in any post-
al box maintained by the United States Postal Service with sufficient
identification, in an envelope with postage thereon prepaid and ad-
dressed to the New Motor Vehicle Board, 1507 21st Street, Suite 330,
Page 34
Register 2007, No. 50; 12-14-2007
Title 13
New Motor Vehicle Board
§555
Sacramento, California, 95814 prior to the date the fee becomes delin-
quent.
NOTE: Authority cited: Section 472.5(f), Business and Professions Code. Refer-
ence: Sections 472.5(b) and (d), Business and Professions Code.
History
1. New section filed 8-26-88; operative 8-26-88 (Register 88, No. 36).
2. Change without regulatory effect amending Note filed 12-24-92 pursuant to
section 100, title 1, California Code of Regulations (Register 92, No. 52).
§ 553.75. Noncompliance.
The New Motor Vehicle Board may consider any failure of a manufac-
turer or distributor to comply with any provisions of this Chapter to be
good cause to exercise its authority pursuant to Vehicle Code Section
3050(c).
NOTE: Authority cited: Section 472.5(f), Business and Professions Code; and Sec-
tion 3050, Vehicle Code. Reference: Sections 472.5(b) and (f), Business and Pro-
fessions Code; and Section 3050(c), Vehicle Code.
History
1. New section filed 8-26-88; operative 8-26-88 (Register 88, No. 36).
2. Change without regulatory effect amending Note filed 12-24-92 pursuant to
section 100, title 1, California Code of Regulations (Register 92, No. 52).
Article 2. Filing of Petition
§ 554. Petitioners.
Any person, including a board member, concerned with the activities
or practices of any person applying for or holding a license as a new mo-
tor vehicle dealer, manufacturer, manufacturer branch, distributor, dis-
tributor branch, or representative, may file a written petition with the
board requesting that the board consider such matter and take an action
thereon.
NOTE: Authority cited: Section 3050(a), Vehicle Code. Reference: Section
3050(c). Vehicle Code.
History
1. Amendment filed 7-19-74; effective thirtieth day thereafter (Register 74, No.
29).
2. Amendment and new NOTE filed 10-16-89; operative 1 1-15-89 (Register 89.
No. 44).
§ 555. Contents.
The petition shall set forth in clear and concise language the nature of
the matter which the petitioner wishes the board to consider. The petition
shall comply substantially with the following requirements:
(a) Include the name, mailing address and telephone number of the pe-
titioner; the name, mailing address and telephone number of his or her
attorney or authorized agent if any, and the name and address of the li-
censee or applicant for license (hereinafter referred to as "respondent")
whose activities or practices are in question. All correspondence with pe-
titioner and notices to petitioner shall be addressed to petitioner's said ad-
dress, if he or she appears in person, or to the address of his or her attorney
or agent, if he or she is represented by an attorney or agent. Petitioner
shall promptly give the executive director and respondent written notice
by mail of all subsequent changes of address or telephone number.
[The next page is 35.]
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Title 13
New Motor Vehicle Board
§560
(b) Insofar as is known to petitioner, include the names, residence ad-
dresses and business addresses of persons and the dates, places and spe-
cific actions or practices involved in the matter.
(c) If the actions or practices described in the petition are believed to
be in violation of law, a concise recitation of applicable law and citation
to the applicable statutes or other authorities.
(d) If the petitioner desires that the board mediate, arbitrate or resolve
a difference between the petitioner and respondent, recite that fact and
describe the relief or disposition of the matter which petitioner would
consider acceptable.
(e) The petitioner may submit, as exhibits to the petition, photograph-
ic, documentary or similar physical evidence relevant to the matter re-
ferred to in the petition, in which event an appropriate description of the
exhibits shall be set forth in the petition sufficient to identify them and
to explain their relevancy.
(f) The petitioner shall set forth in the petition an estimate of the num-
ber of days required to complete the hearing.
(g) The petitioner shall set forth in the petition a request for a prehear-
ing conference if one is desired.
NOTE: Authority cited: Section 3050(a), Vehicle Code. Reference: Section
3050(c), Vehicle Code.
History
1 . New subsections (f) and (g) filed 3-6-79 as an emergency; effective upon filing
(Register 79, No. 10).
2. Certificate of Compliance transmitted to OAH 7-3-79 and filed 7-10-79 (Reg-
ister 79, No. 28).
3. Amendment of subsection (d) and Note filed 10-16-89; operative 11-15-89
(Register 89, No. 44).
4. Change without regulatory effect amending subsection (a) filed 12-31-2003
pursuant to section 100, title 1 , California Code of Regulations (Register 2004,
No. 1).
5. Change without regulatory effect amending subsection (a) filed 5-31-2005 pur-
suant to section 1 00, title 1 , California Code of Regulations (Register 2005, No.
22).
§ 555.1. Service of Petition upon Respondent(s).
A copy of the petition shall be served upon the respondent(s) and proof
of service (in compliance with Sections 1013(a) and 2015.5, Code of Civ-
il Procedure) thereof shall accompany the petition filed with the execu-
tive director of the board.
NOTE: Authority cited: Section 3050(a), Vehicle Code. Reference: Section
3050(c), Vehicle Code.
History
1. New section filed 10-16-89; operative 11-15-89 (Register 89 No. 44).
2. Change without regulatory effect amending section filed 12-31-2003 pursuant
to section 100, title 1, California Code of Regulations (Register 2004, No. 1).
§ 556. Form and Filing of Petition.
The form of the petition shall conform with the provisions of Article
6 hereof. The petition shall be filed with the executive director of the
board.
NOTE: Authority cited: Section 3050(a), Vehicle Code. Reference: Section
3050(c), Vehicle Code.
History
1. Amendment filed 7-19-74; effective thirtieth day thereafter (Register 74, No.
29).
2. Amendment and new NOTE filed 10-16-89; operative 1 1-15-89 (Register 89,
No. 44).
3. Change without regulatory effect amending section filed 12-3 1-2003 pursuant
to section 100, title 1, California Code of Regulations (Register 2004, No. 1).
§ 557. Notice to Respondent: First Consideration.
(a) Upon the filing of a petition with the board, a copy of the petition
shall be transmitted by the executive director of the board to each mem-
ber of the board for consideration. Unless, within 10 days of receipt of
a copy of the petition, any member of the board notifies the executive di-
rector of an objection, the executive director shall set the matter for a
hearing before an administrative law judge designated by the board.
(b) If any member of the board gives notice of objection within 10 days
of receipt of a copy of a petition, the petition shall be first considered by
the board at its next meeting to determine what action shall be taken in
regards to the petition. Upon receipt by the executive director of a notice
of objection, the executive director shall notify the parties named in the
petition that there has been an objection and that the matter will be con-
sidered by the board at its next meeting. The parties shall also be given
a minimum of 10 days prior notice of the time, date, and location of the
board meeting at which the petition will be considered.
NOTE: Authority cited: Section 3050(a), Vehicle Code. Reference: Section
3050(c), Vehicle Code.
History
1 . Amendment filed 7-19-74; effective thirtieth day thereafter (Register 74, No.
29).
2. Repealer and new section filed 10-16-89; operative 11-15-89 (Register 89,
No. 44).
3. Change without regulatory effect amending section filed 12-31-2003 pursuant
to section 100, title 1, California Code of Regulations (Register 2004, No. 1).
§ 558. Answer-Time of Filing; Form and Content.
(a) The respondent shall file with the executive director of the board
a written answer to the petition, in the form prescribed by Article 6 here-
of. The answer shall be filed within 30 days of the date of service of the
petition on the respondent.
(b) The answer shall be responsive to the allegations of the petition and
shall set forth in clear and concise language the factual contentions of the
respondent with respect to the matter referred to in the petition.
(c) The respondent may submit, as exhibits to the answer, photograph-
ic, documentary or similar physical evidence relevant to the matter in
support of the answer with an appropriate description thereof in the an-
swer sufficient to identify them and to explain their relevancy.
(d) The respondent shall set forth in the answer its mailing address and
telephone number and the name, mailing address and telephone number
of its attorney or authorized agent, if any. All correspondence with re-
spondent and notices to respondent shall thereafter be addressed to said
address, if it appears in person, or to the address of its attorney or agent,
if it is represented by an attorney or agent. Respondent shall promptly
give the executive director and petitioner written notice by mail of all
subsequent changes of address or telephone number.
NOTE: Authority cited: Section 3050(a), Vehicle Code. Reference: Section
3050(c), Vehicle Code.
History
1. Amendment of subsection (a) filed 7-19-74; effective thirtieth day thereafter
(Register 74, No. 29).
2. Amendment of subsection (a), repealer of subsection (c), relettering of former
subsections (d) and (e) to subsections (c) and (d), and new NOTE filed
10-16-89; operative 11-15-89 (Register 89, No. 44).
3. Change without regulatory effect amending subsections (a) and (d) filed
12-31-2003 pursuant to section 100, title 1, California Code of Regulations
(Register 2004, No. 1).
4. Change without regulatory effect amending subsection (d) filed 5-3 1 -2005 pur-
suant to section 100, title 1 , California Code of Regulations (Register 2005, No.
22).
§ 559. Shortening Time.
History
1. Repealer filed 10-16-89; operative 1 1-15-89 (Register 89, No. 44).
§ 560. Extension of Time and Continuances.
(a) In the event a party desires additional time for the performance of
any act, or a continuation of any proceeding contemplated by these rules,
the party shall either make application in writing to the board for such ex-
tension or continuance, stating the reason therefor and the additional time
requested, or the date to which the continuance is requested, or shall ob-
tain from the other party a written stipulation for the extension or continu-
ance which shall also set forth the reasons therefor and the time re-
quested. The application or stipulation shall be filed with the executive
director at least two days prior to the expiration of the period of time in
question or the date fixed for the proceeding sought to be continued. If
good cause appears therefor, the executive director shall grant the exten-
sion or continuance and shall forthwith give notice thereof to the parties
by mail; if the extension or continuance is denied, the executive director
shall give notice thereof to the parties by mail.
(b) The party applying for an extension or continuance shall serve a
copy of the application upon the opposing party, personally or by mail,
and shall file with the application an affidavit or certificate of personal
Page 35
Register 2005, No. 22; 6-3-2005
§561
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
service or of mailing of the copy to the opposing party evidencing such
service. If the other party wishes to oppose the application, it shall com-
municate such opposition to the executive director, either orally or in
writing, stating its reasons for opposition. The executive director shall
consider the reasons stated in opposition in determining whether the
application should be granted or denied.
History
1 . Change without regulatory effect amending section filed 12-31-2003 pursuant
to section 100, title 1 , California Code of Regulations (Register 2004, No. 1 ).
2. Change without regulatory effect amending subsection (b) filed 5-3 1-2005 pur-
suant to section 1 00, title 1 , California Code of Regulations (Register 2005, No.
22).
§ 561 . Additional Evidence and Argument in Support of
Petition.
(a) A party wishing to present to the board evidence and/or arguments
in addition to that submitted in accordance with Section 555 hereof may,
prior to the first consideration of the petition by the board, advise the
executive director in writing of its desire to do so by filing with the board
not later than ten days before the date set for the first consideration of the
petition a request to present such additional evidence and/or arguments.
(b) The request to present additional evidence and/or argument filed
pursuant to Section 561(a) hereof shall contain, as applicable:
(1) The names and addresses of witnesses together with a brief state-
ment summarizing their expected testimony;
(2) Copies or reproduction of all documentary or physical evidence,
in addition to that already furnished pursuant to Section 555(e) hereof;
(3) A summary of the subject or subjects expected to be covered by ar-
gument;
(4) A statement of the reason or reasons why it is desirable for the
board to grant the request.
(c) The board may grant a request filed pursuant to Section 561(a)
hereof if it determines that its first consideration of the petition would be
assisted by such evidence and more argument.
(d) Upon the filing of the request pursuant to Section 561(a) hereof,
the board shall, prior to proceeding with the first consideration of the mat-
ter, decide whether to grant the request. If the request is granted, the board
shall:
(1) Set a time and place for the hearing where the oral or documentary
or physical evidence may be heard and presented. Hearings set pursuant
to this provision shall be conducted in accordance with Sections 589, 590
and 592 hereof;
(2) Set the time and place where the argument shall be heard by the
board.
(e) The Board shall in no event proceed with the first consideration of
a petition unless it has reviewed the additional evidence and/or argument
submitted pursuant to the provisions of Section 561(d) hereof.
NOTE: Authority cited: Section 3050, Vehicle Code. Reference: Section 3050(c),
Vehicle Code.
History
1. Amendment filed 7-8-77; effective thirtieth day thereafter (Register 77, No.
28).
2. Change without regulatory effect amending subsection (a) filed 12-31-2003
pursuant to section 100, title 1, California Code of Regulations (Register 2004,
No. 1).
3. Change without regulatory effect amending subsection (a) filed 5-3 1-2005 pur-
suant to section 1 00, title 1 , California Code of Regulations (Register 2005, No.
22).
§ 562. Action by the Board.
After considering the matter, the board may do any one or any combi-
nation of the following:
(a) Prior to taking final action, direct the executive director to request
the petitioner or the respondent, or both, to augment the record, or to ap-
pear to offer evidence or oral argument, or both, or to file briefs, in which
event the executive director shall give written notice by mail to the parties
of the action by the board, the time within which such augmented plead-
ings or such briefs are to be submitted or the time and place of further
hearing.
(b) Prior to taking final action, direct the department to conduct an in-
vestigation and submit a written report within thirty days with or without
notice thereof to the parties.
(c) Undertake to mediate, arbitrate, or otherwise resolve any honest
difference of opinion or viewpoint existing between the petitioner and re-
spondent.
(d) Direct that the department exercise any and all authority or power
that it may have with respect to the issuance, renewal, refusal to renew,
suspension or revocation of the license and certificate of the respondent
as such license and certificate are required under Chapter 4, Division 5
of the Vehicle Code.
(e) Order the petition dismissed, with or without prejudice to the filing
of another petition with respect to the same matter, upon such terms or
conditions as it may deem just.
NOTE: Authority cited: Section 3050(a), Vehicle Code. Reference: Section
3050(c), Vehicle Code.
History
1 . Amendment of subsections (a) and (c) and new NOTE filed 10—16—89: opera-
tive 1 1-15-89 (Register 89, No. 44).
2. Change without regulatory effect amending subsection (a) filed 12-31-2003
pursuant to section 100, title 1 , California Code of Regulations (Register 2004,
No. 1).
§ 563. Voluntary Dismissal.
NOTE: Authority cited: Section 3050(a), Vehicle Code. Reference: Section
3050(a), Vehicle Code.
History
1 . Repealer filed 3-6-79 as an emergency; effective upon filing (Register 79, No.
10).
2. Certificate of Compliance transmitted to OAH 7-3-79 and filed 7-10-79 (Reg-
ister 79, No. 28).
§ 564. Decision.
The decision shall be in writing. Copies of the decision shall be served
on the parties personally or sent to them by certified or registered mail.
The decision shall be final upon its delivery or mailing and no reconsider-
ation or rehearing shall be permitted.
NOTE: Authority cited: Section 3050(a), Vehicle Code. Reference: Section
3050(c), Vehicle Code.
History
1. Amendment filed 12-19-91; operative 12-19-91 pursuant to Government
Code section 11346.2(d) (Register 92, No. 11).
§ 565. Request for Extension of Time; Temporary
Ownership or Operation of a Dealership by a
Manufacturer, Branch, or Distributor.
(a) After a showing of good cause by a manufacturer, branch, or dis-
tributor that it needs additional time to own and operate a dealership with-
in the relevant market area of an independent dealer of the same line-
make in preparation for sale to a successor independent franchisee, the
board may extend the time period beyond one year.
(b) When a manufacturer, branch, or distributor seeks to request an ex-
tension of time, it shall first give notice in writing of that intention to the
board and to each franchisee operating a dealership of the same line-
make within the relevant market area.
(c) The written notice shall contain, on the first page thereof in at least
12-point bold type and circumscribed by a line to segregate it from the
rest of the text, the following statement:
"NOTICE TO DEALER: If you oppose this request, you may send a
letter to the NEW MOTOR VEHICLE BOARD in Sacramento and
have your opposition considered by the board. You must file your op-
position with the board within 20 days of your receipt of this notice."
(d) When a request for extension of time has been received, the board
shall notify each franchisee of the same line-make within the relevant
market area, as provided by the manufacturer pursuant to subsection
(g)(1) below, that a timely request has been received, that the franchisee
has the opportunity to send a letter to the board opposing the request and
have that opposition considered by the board at its next scheduled meet-
ing, and that the status quo will be maintained until the board acts upon
the request for extension.
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Title 13
New Motor Vehicle Board
§569
•
(e) In determining whether good cause has been shown for granting the
request for an extension of time, the board shall take into consideration
the existing circumstances, including, but not limited to, all of the follow-
ing:
(1) The written request of the manufacturer, branch, or distributor;
(2) Written responses in opposition to the request received from any
franchisee operating a dealership of the same line-make within the rele-
vant market area; and,
(3) Comments of other interested parties.
(f) Upon the filing of a timely request for an extension of time, a copy
of the request for extension shall be transmitted by the executive director
of the board to each member of the board for consideration.
(g) The written request for an extension of time shall be accompanied
by all of the following:
(1) A list of all franchisees operating a dealership of the same line-
make within the relevant market area.
(2) A statement of facts detailing the specific need for the extension
of time.
(3) The requested expiration date of the extension.
(4) A chronology of the actions both taken and planned by the
manufacturer, branch, or distributor to prepare for the sale of the fran-
chise to a successor independent franchisee.
(5) A statement to the effect that the information required in subsec-
tions (g)(2)-(4) above has been provided to each franchisee operating a
dealership of the same line-make within the relevant market area.
(6) A statement that the requesting party does or does not agree that
the dealer members of the board may participate in the consideration of
the request.
(h) The executive director shall grant the extension unless, within 30
days from receipt of the request for extension, any member of the board
notifies the executive director of an objection or the board receives a writ-
ten response in opposition to the request from any franchisee operating
a dealership of the same line-make in the relevant market area.
(i) If any member of the board gives notice of objection within 30 days
of receipt of a copy of the request for extension, or if the board receives
a timely written opposition to the request from any franchisee operating
a dealership of the same line-make within the relevant market area, this
matter shall be considered by the board at its next scheduled meeting.
(j) Upon receipt by the executive director of a notice of objection and/
or a written opposition from any franchisee operating a dealership of the
same line-make within the relevant market area, the executive director
shall notify the manufacturer, branch, or distributor that there has been
an objection and/or opposition, that the matter will be considered by the
board at its next scheduled meeting, and that the status quo will be main-
tained until the board acts upon the request for extension. The manufac-
turer, branch, or distributor, and opposing franchisee(s), if any, operating
a dealership of the same line-make within the relevant market area shall
be given a minimum of 10 days' prior notice of the time, date, and loca-
tion of the board meeting at which the request for extension will be con-
sidered.
(k) Notwithstanding subsections (h), (i) and (j) above, a member of the
board who is a new motor vehicle dealer may not participate in, hear,
comment, advise other members upon, or decide any matter involving a
request subject to this subsection, unless the requesting party to the pro-
ceeding has had full disclosure and agrees to such participation by the
dealer board member.
(/) On or before 60 days prior to the expiration of the one year period,
the manufacturer, branch, or distributor may request an extension of time
for good cause shown which shall be in writing. Requests received with
less than 60 days' prior notice will not be considered by the board and
shall be deemed denied.
(m) Within 20 days of receiving the notice, any franchisee required to
be given notice may file an opposition to the request for an extension of
time.
NOTE: Authority cited: Section 3050(a), Vehicle Code. Reference: Sections 3050
and 11713.3, Vehicle Code.
History
1. New section filed 4-4-2002; operative 5-4-2002 (Register 2002, No. 14).
2. Change without regulatory effect amending subsections (h) and (j)-(/) filed
6-3-2002 pursuant to section 100, title 1 , California Code of Regulations (Reg-
ister 2002, No. 23).
3. Change without regulatory effect amending subsections (f), (h) and (j) filed
12-31-2003 pursuant to section 100, title 1, California Code of Regulations
(Register 2004, No. 1).
Article 3.
Appeals from Decisions of the
Department
§ 566. Time of Filing Notice of Appeal.
Notice of appeal shall be filed with the executive director of the board
on or before:
(a) Forty days after delivery or registered mailing to appellant the deci-
sion appealed from, if its effective date is thirty days following service
upon the appellant; or
(b) Ten days after the effective date of the decision appealed from, if
such date is prior to the expiration of the 30-day period; or
(c) Ten days after the expiration of any stay of execution of the entire
decision granted by the department.
History
1. Amendment filed 3-20-73; effective thirtieth day thereafter (Register 73, No.
12).
2. Change without regulatory effect amending first paragraph filed 12-31-2003
pursuant to section 100, title 1, California Code of Regulations (Register 2004,
No. 1).
§ 567. Form.
Notice of appeal shall be in writing and signed by appellant or appel-
lant's attorney. It shall conform with the provisions of Article 6 hereof.
History
1. Amendment filed 3-20-73; effective thirtieth day thereafter (Register 73, No.
12).
2. Amendment filed 7-19-74; effective thirtieth day thereafter (Register 74, No.
29).
§ 568. Contents of Notice of Appeal.
Notice of appeal shall set forth in concise language the following:
(a) That appellant is an applicant for, or a holder of, a license as a new
car dealer, manufacturer, manufacturer branch, distributor, distributor
branch or representative, as defined in Sections 426, 672, 389, 296, 297
and 512 Vehicle Code, respectively.
(b) Those portions of Sections 3054 or 3055 Vehicle Code providing
basis for appeal.
(c)That appellant has applied to the Office of Administrative Hearings
for the complete administrative record or those portions that appellant
desires to file with the board and has advanced costs of preparation there-
of; or, in lieu thereof, that the case is being submitted on an agreed state-
ment.
(d) If the appeal is based in whole or in part on Section 3054(e), Ve-
hicle Code, a statement that appellant desires to produce before the board
relevant evidence which in the exercise of reasonable diligence could not
have been produced or which was improperly excluded at the hearing.
(e) That appellant either does or does not desire to appear before the
board.
History
1. Amendment filed 3-20-73; effective thirtieth day thereafter (Register 73, No.
12).
2. Amendment filed 7-19-74; effective thirtieth day thereafter (Register 74, No.
29).
3. Change without regulatory effect amending subsection (b) filed 12-24-92 pur-
suant to section 100, title 1, California Code of Regulations (Register 92, No.
52).
§ 569. Affidavit in Support of Appeal Based on Section
3054(e), Vehicle Code.
Where the notice of appeal contains the statement required by Section
568(d), the notice of appeal shall be supported by an affidavit of the ap-
Page 36.1
Register 2005, No. 22; 6-3-2005
§570
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
pellant setting forth the matters in either (a) or (b) of this section, or both,
as appropriate:
(a) A statement that there is evidence which was not available at the
administrative hearing through the exercise of reasonable diligence; the
substance of the evidence; the relevance of the evidence to a disputed is-
sue; and a full explanation of why the evidence was not produced at the
administrative hearing.
(b) A statement that there is evidence which was rejected at the admin-
istrative hearing; the substance of the evidence; the relevance of the evi-
dence to a disputed issue; and a statement of the evidence establishing
that the proffered evidence was, in fact, presented at the administrative
hearing and was rejected despite a duly made offer of proof.
History
1. Amendment filed 3-20-73: effective thirtieth day thereafter (Resister 73, No.
12).
2. Amendment filed 7-19-74; effective thirtieth day thereafter (Register 74, No.
29).
§ 570. Service of Notice upon Department.
(a) A copy of the notice of appeal and all supporting affidavits shall
be served upon the department and proof of service shall accompany the
notice filed with the executive director of the board.
History
1. Renumbering from Section 569 and amendment filed 7-19-74; effective thir-
tieth day thereafter (Register 74, No. 29).
2. Change without regulatory effect amending section filed 12-31-2003 pursuant
to section 100, title 1, California Code of Regulations (Register 2004, No. 1).
§ 571 . Filing with Board the Administrative Record.
(a) Upon receipt from the Office of Administrative Hearings, appel-
lant shall forward forthwith to the executive director the original and
three copies of the complete administrative record which shall consist of
the reporter's transcript and all the pleadings and exhibits received at the
administrative hearing. In lieu thereof, appellant may forward those parts
of the administrative record which appellant deems necessary to support
its appeal. If the case is being submitted on an agreed statement, only the
accusation and director's decision need be forwarded.
(b) If appellant files a partial administrative record, it shall serve, prior
to or at the time of filing such partial record, written notice on the depart-
ment of those portions of the record that appellant will file with the board
and proof of service of such notice shall be filed with the executive direc-
tor.
(c) The department may file any additional portions of the administra-
tive record that it deems necessary to make an adequate presentation of
its case. Such filing shall consist of the original and three copies and shall
be no later than ten (10) days after notification by appellant of those por-
tions of the record that appellant is filing unless, for good cause shown,
the executive director grants additional time. Prior to or at the time the
department files additional portions of the administrative record with the
board, notice shall be served by the department on appellant of such addi-
tional portions and proof of service of such notice shall be filed with the
executive director.
(d) If the complete administrative record has not been filed, the board
may order additional portions of such record to be filed at any time during
the pendency of the appeal. The board may order prior payment of the
cost of providing the additional administrative record so ordered to be
filed.
History
1. Amendment filed 3-20-73; effective thirtieth day thereafter (Register 73, No.
12).
2. Renumbering from Section 570 and amendment filed 7-19-74; effective thir-
tieth day thereafter (Register 74, No. 29).
3. Change without regulatory effect amending subsections (a)-(c) filed
12-31-2003 pursuant to section 100, title 1, California Code of Regulations
(Register 2004, No. 1).
§ 572. Agreed Statement.
(a) An appeal may be presented on a record consisting in whole or in
part of an agreed statement. Within thirty days after receiving the admin-
istrative record, the appellant shall file with the executive director of the
board the original and nine copies of such statement signed by the parties.
(b) The statement shall show the nature of the controversy, identify the
questions of law, and set forth only those facts alleged and proved, or
sought to be proved, as are necessary to a determination of the questions
on appeal.
(c) Ten copies of any such exhibits admitted at the administrative hear-
ing as the parties may desire shall accompany the statement.
(d) For good cause shown, the executive director may grant a continu-
ance of not more than fifteen days for the filing of an agreed statement.
Application for a continuance shall be in writing and shall be filed with
the executive director at least ten days prior to the date the agreed state-
ment was to be filed. No continuance otherwise requested shall be
granted except in extreme emergencies such as serious accident or death.
NOTE: Authority cited: Section 3050(a). Vehicle Code. Reference: Section
3050(a), Vehicle Code.
History
1. Amendment filed 3-20-73; effective thirtieth day thereafter (Register 73, No.
12).
2. Renumbering from Section 571 and amendment filed 7-19-74; effective thir-
tieth day thereafter (Register 74, No. 29).
3. Amendment of subsection (d) filed 3-6-79 as an emergency; effective upon fil-
ing (Register 79, No. 10).
4. Certificate of Compliance transmitted to OAH 7-3-79 and filed 7-1 0-79 (Reg-
ister 79, No. 28).
5. Change without regulatory effect amending subsections (a) and (d) filed
12-31-2003 pursuant to section 100, title 1, California Code of Regulations
(Register 2004, No. 1).
§ 573. Briefs.
(a) Upon receiving the administrative record or agreed statement of
facts from appellant, the executive director shall inform the parties in
writing of the date by which their briefs must be filed with the board. The
parties shall comply with the briefing schedule as established by the
executive director.
(b) For good cause shown, the executive director may grant continu-
ances for the filing of briefs making adequate allowance for the 60-day
time limitation prescribed in Vehicle Code Section 3056. Application for
a continuance shall be in writing and shall be filed with the executive di-
rector at least ten days prior to the date the brief was to be filed. No contin-
uance shall be granted except in extreme emergencies such as serious ac-
cident or death.
(c) Any party to the appeal desiring to file a brief must submit the origi-
nal and nine copies for such filing. A copy shall be served upon the op-
posing party and proof of service thereof shall accompany the original
filed with the executive director.
(d) The board may require the parties to file anytime during the pen-
dency of the appeal briefs on matters determined by the board.
(e) A brief of amicus curiae may be filed on permission of the board
and subject to conditions prescribed by the board. To obtain permission,
the applicant shall file with the executive director a signed request speci-
fying the points to be argued in the brief and containing a statement that
the applicant is familiar with the questions involved in the case and the
scope of their presentation and believes there is a necessity for additional
arguments on the points specified.
(f) If the application for filing amicus curiae briefs is granted, the origi-
nal and nine copies shall be filed with the executive director. A copy shall
be served on the appellant and the department and proof of service there-
of shall accompany the original filed with the executive director.
NOTE: Authority cited: Section 3050(a), Vehicle Code. Reference: Section
3050(a), Vehicle Code.
History
1. Amendment filed 3-20-73; effective thirtieth day thereafter (Register 73, No.
12).
2. Renumbering from Section 572 and amendment filed 7-19-74; effective thir-
tieth day thereafter (Register 74, No. 29). For history of former Section 573, see
Register 73, No. 12.
3. Amendment of subsections (a) and (b) filed 3-6-79 as an emergency; effective
upon filing (Register 79, No. 10).
4. Certificate of Compliance transmitted to OAH 7-3-79 and filed 7-10-79 (Reg-
ister 79, No. 28).
Page 36.2
Register 2005, No. 22; 6-3-2005
Title 13
New Motor Vehicle Board
§583
•
5. Amendment of subsection (a) filed 7-10-79 as an emergency; effective upon
filing. Certificate of Compliance included (Register 79, No. 28).
6. Change without regulatory effect amending section filed 1 2-3 1-2003 pursuant
to section 100, title 1, California Code of Regulations (Register 2004, No. 1).
§ 574. Notice of Hearing.
At least 20 days prior to the hearing date, the executive director shall
serve notice of date, time and place of hearing upon the department, the
appellant, the members of the board and any other party making a written
request for such notice.
History
1 . Amendment filed 3-20-73; effective thirtieth day thereafter (Register 73, No.
12).
2. Amendment filed 7-19-74; effective thirtieth day thereafter (Register 74, No.
29).
3. Change without regulatory effect amending section filed 12-31-2003 pursuant
to section 100, title 1, California Code of Regulations (Register 2004, No. 1).
§ 575. Continuances.
For good cause shown, the executive director may continue the date
fixed for the hearing. Applications for continuance shall be in writing and
shall be filed with the executive director at least ten days prior to the hear-
ing. No continuance otherwise requested shall be granted except in ex-
treme emergencies such as serious accident or death.
History
1. Amendment filed 3-20-73; effective thirtieth day thereafter (Register 73, No.
12).
2. Amendment filed 7-19-74; effective thirtieth day thereafter (Register 74, No.
29).
3. Change without regulatory effect amending section filed 12-31-2003 pursuant
to section 100, title 1, California Code of Regulations (Register 2004, No. 1).
§ 576. Conduct of Hearing.
Unless otherwise ordered by the board, counsel for each party shall be
allowed 20 minutes for oral argument. Not more than one counsel for a
party may be heard except that different counsel for appellant may make
opening and closing arguments.
History
1. Amendment filed 3-20-73; effective thirtieth day thereafter (Register 73, No.
12).
§577. Costs of Appeal.
Each party shall bear its own costs on appeal; costs for preparation of
the administrative record and copies thereof shall be borne by the party
ordering the same, or if ordered by the board pursuant to Section 571,
shall be borne by appellant or the board as determined by the board.
All proceedings before the board predicated on or pursuant to Section
568(d), except deliberations in executive session, shall be reported and
transcribed by a certified shorthand reporter arranged for by the execu-
tive director. Costs for reporting and for preparation of the original tran-
script shall be borne by the appellant.
History
1. New section filed 3-20-73; effective thirtieth day thereafter (Register 73, No.
12).
2. Amendment filed 7-19-74; effective thirtieth day thereafter (Register 74, No.
29).
3. Change without regulatory effect amending section filed 12-31-2003 pursuant
to section 100, title 1, California Code of Regulations (Register 2004, No. 1).
Article 4. Hearings on Petitions and
Appeals
§ 578. Reporting of Proceedings.
History
1. Amendment filed 3-20-73; effective thirtieth day thereafter (Register 73, No.
12).
2. Repealer filed 7-19-74; effective thirtieth day thereafter (Register 74, No. 29).
§ 579. Subpoenas.
NOTE: Authority cited: Section 3050(a), Vehicle Code. Reference: Section
3050.1(a), Vehicle Code.
History
1. Renumbering of Section 579 to Section 551.2 filed 10-16-89; operative
1 1-15-89 (Register 89, No. 44).
§ 580. Procedure at Hearings.
(a) Evidence. The hearing need not be conducted according to techni-
cal rules relating to evidence and witnesses. Any relevant evidence shall
be admitted if it is the sort of evidence on which responsible persons are
accustomed to rely in the conduct of serious affairs, regardless of the ex-
istence of any common law or statutory rule which might make improper
the admission of such evidence over objection in civil actions. Evidence
that is irrelevant or unduly repetitious shall be excluded.
(b) Official Notice. Before or after submission of a matter for decision,
official notice may be taken by the board of any generally accepted tech-
nical or scientific matter within the board's special area of competence
or of such facts as may be judicially noticed by the courts of this state.
(c) Examination of Witnesses. Oral evidence shall be taken only on
oath or affirmation. Each party shall have the right to call and examine
witnesses; to introduce exhibits, to cross-examine opposing witnesses
on any matter relevant to the issues even though that matter was not cov-
ered in the direct examination; to impeach any witness regardless of
which party first called him or her to testify; to rebut the evidence against
him; and to call and examine an adverse party or adverse witness as if un-
der cross-examination without being bound by his or her testimony.
Board members and, at the direction of the chairman of the board presid-
ing at the hearing or of any member of the board, representatives of the
staff of the board, may participate as appropriate, using their knowledge
and experience for the primary purpose of developing a full, fair and ac-
curate record. Questioning of witnesses will be controlled by the board
and will generally be permitted only by the attorneys or agents of parties
so represented, or by the parties who appear on their own behalf, mem-
bers of the board and its staff. The board may in its discretion, during the
examination of a witness, exclude from the hearing, any or all other wit-
nesses in the same matter.
History
1. Amendment filed 3-20-73; effective thirtieth day thereafter (Register 73, No.
12).
2. Change without regulatory effect amending subsection (c) filed 5-3 1 -2005 pur-
suant to section 100, title 1 , California Code of Regulations (Register 2005, No.
22).
§ 581 . Deliberations of the Board.
When matters are finally submitted to the board for decision, the board
shall take the same under submission and shall conduct its deliberations
in executive session. The deliberations of the board shall be in private and
shall not be reported.
History
1. Amendment filed 7-19-74; effective thirtieth day thereafter (Register 74, No.
29).
§ 582. Failure to Appear.
Any party who fails to appear at a hearing will not be entitled to a fur-
ther opportunity to be heard unless good cause for such failure is shown
to the board within five days thereafter. The lack of such showing of good
cause may, in the discretion of the board, be interpreted as an abandon-
ment of interest by such party in the subject matter of the proceeding.
History
1. Amendment filed 7-19-74; effective thirtieth day thereafter (Register 74, No.
29).
Article 5. Protests
§ 583. Form.
A protest shall be in writing and shall be signed by a franchisee or its
attorney. It shall conform with the provisions of Article 6 hereof.
NOTE: Authority cited: Section 3050, Vehicle Code. Reference: Sections 3050
(b), (c) and (d), Vehicle Code.
History
1. New Article 5 (Sections 583-592) filed 7-19-74; effective thirtieth day thereaf-
ter (Register 74, No. 29).
Page 36.3
Register 2005, No. 22; 6-3-2005
§584
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
2. Amendment filed 4-12-77 as an emergency; effective upon filing (Register 77,
No. 16).
3. Reinstatement of section as it existed prior to emergency amendment filed
4-12-77 by operation of Section 1 1422.1(b), Government Code (Register 78,
No. 32).
4. Change without regulatory effect amending section filed 5-31-2005 pursuant
to section 100, title 1, California Code of Regulations (Register 2005, No. 22).
§ 584. Service of Protest upon Franchisor.
A copy of the protest shall be served upon the franchisor and proof of
service (in compliance with Sections 1013(a) and 2015.5, Code of Civil
Procedure) thereof shall accompany the protest filed with the executive
director of the board.
History
1 . Amendment filed 4-12-77 as an emergency; effective upon filing (Register 77,
No. 16). For prior history, see Register 76, No. 22.
2. Reinstatement of section as it existed prior to emergency amendment filed
4-12-77 by operation of Section 1 1422.1(b), Government Code (Register 78,
No. 32).
3. Change without regulatory effect amending section filed 12-31-2003 pursuant
to section 100, title 1, California Code of Regulations (Register 2004, No. 1).
§ 585. Time of Filing and Content of Protests Pursuant to
Sections 3060, 3062, 3070, and 3072, Vehicle
Code.
(a) The protest shall be considered received on the date of receipt by
the executive director of the board or on the date of certified or registered
mailing.
(b) The protest shall be responsive to the specific grounds as set forth
in the notice and shall set forth in clear and concise language the factual
contentions of the franchisee with respect to the matter referred to in the
notice.
(c) The franchisee may submit, as exhibits to the protest, photograph-
ic, documentary or similar physical evidence relevant to the matter in
support of the protest with an appropriate description thereof in the pro-
test sufficient to identify them and to explain their relevancy.
(d) The franchisee shall set forth in the protest its mailing address and
telephone number and the name, mailing address and telephone number
of its attorney or authorized agent, if any. All correspondence with fran-
chisee and notices to franchisee shall thereafter be addressed to said ad-
dress, if it represents itself, or to the address of its attorney or agent, if it
is represented by an attorney or agent.
(e) Franchisee shall indicate either that it does or does not desire to ap-
pear before the board.
(f) The franchisee shall set forth in the protest an estimate of the num-
ber of days required to complete the hearing.
(g) The franchisee shall set forth in the protest a request for a prehear-
ing conference if one is desired.
NOTE: Authority cited: Section 3050(a), Vehicle Code. Reference: Sections 3060,
3062, 3070 and 3072, Vehicle Code.
History
1 . Amendment filed 1-28-76 as an emergency; effective upon filing (Register 76,
No. 5).
2. Certificate of Compliance filed 5-28-76 (Register 76, No. 22).
3. Amendment filed 4-12-77 as an emergency; effective upon filing (Register 77,
No. 16).
4. Reinstatement of section as it existed prior to emergency amendment filed
4-12-77 by operation of section 1 1422.1(b), Government Code (Register 78,
No. 32).
5. New subsections (i) and (j) filed 3-6-79 as an emergency effective upon filing
(Register 79, No. 10).
6. Certificate of Compliance transmitted to OAL 7-3-79 and filed 7-10-79 (Reg-
ister 79, No. 28).
7. Amendment filed 4-9-85; effective thirtieth day thereafter (Register 85, No.
15).
8. Amendment of subsection (a) filed 10-21-94; operative 10-21-94 pursuant to
Government Code section 1 1346.2(d) (Register 94, No. 42).
9. Change without regulatory effect amending section heading, subsection (a) and
Note filed 12-3 1-2003 pursuant to section 100, title 1, California Code of Reg-
ulations (Register 2004, No. 1).
10. Change without regulatory effect amending subsections (d)-(e) filed
5-31-2005 pursuant to section 100, title 1, California Code of Regulations
(Register 2005, No. 22).
§ 585.1 . Time of Filing and Content of Notice of
Appearance.
The respondent shall file a notice of appearance with the board within
15 days of receipt of the protest. Failure to file a timely notice of appear-
ance shall result in the proceedings being suspended until such time as
a notice of appearance is filed. The notice shall contain language indicat-
ing whether the party desires to appear at the hearing for purposes of.sub-
mitting evidence and oral argument and whether the respondent contends
the protest was submitted in a timely manner.
NOTE: Authority cited: Section 3050(a), Vehicle Code. Reference: Section
3050(a). Vehicle Code.
History
1 . New section filed 8-6-98; operative 9-5-98 (Register 98, No. 32).
§ 586. Filing of Protest, Schedules of Compensation for
Preparation and Delivery Obligations, Warranty
Reimbursement Schedules or Formulas, and
Franchisor Incentive Program Reimbursement
Pursuant to Sections 3064, 3065, 3065.1, 3074,
3075, and 3076 V.C.
(a) Protests filed with the board under any of these sections of the Ve-
hicle Code shall be filed as follows:
(1 ) The protest shall set forth in clear and concise language the factual
contentions of the franchisee with respect to the protest.
(2) The franchisee may submit, as exhibits to the protest, photograph-
ic, documentary or similar physical evidence relevant to the matter in
support of the protest with an appropriate description thereof in the pro-
test sufficient to identify them and to explain their relevancy.
(3) The franchisee shall set forth in the protest its mailing address and
telephone number and the name, mailing address and telephone number
of its attorney or authorized agent, if any. All correspondence with fran-
chisee and notices to franchisee shall thereafter be addressed to said ad-
dress, if it represents itself, or to the address of its attorney or agency, if
it is represented by an attorney or agent.
(4) Franchisee shall indicate either that it does or does not desire to ap-
pear before the board.
(b) Schedule of compensation for preparation and delivery obligation
and warranty reimbursement schedule or formula shall be filed by the
franchiser with the board no later than 30 days after date license is issued
or within 30 days afterdate of renewal of license if no schedule or formu-
la has previously been filed with the board.
(c) The franchiser shall file with the board any addition, deletion,
change or modification to the schedule of compensation or reimburse-
ment schedule or formula on file with the board on or before the date such
addition, deletion, change or modification becomes effective.
NOTE: Authority cited: Section 3050(a), Vehicle Code. Reference: Sections
3050(a) and (d), 3064, 3065, 3065.1, 3074, 3075, and 3076, Vehicle Code.
History
1 . Amendment of section heading and subsection (a) and new Note filed 9-29-99;
operative 10-29-99 (Register 99, No. 40).
2. Change without regulatory effect amending section heading and Note filed
12-31-2003 pursuant to section 100, title 1, California Code of Regulations
(Register 2004, No. 1).
3. Change without regulatory effect amending subsections (a)(3)-(4) filed
5-31-2005 pursuant to section 100, title 1, California Code of Regulations
(Register 2005, No. 22).
§ 587. Stipulation of Fact.
(a) A hearing initiated by the filing of a protest with the board pursuant
to Sections 3060, 3062, 3064, 3065, 3065.1 , 3070, 3072, 3074, 3075, and
3076 may be held based in whole or in part on a stipulation of fact. Within
45 days after filing a protest, the franchisee shall file with the executive
director of the board the original and 10 copies of such statement signed
by the parties.
(b) The statement shall show the nature of the controversy, identify the
questions of law, if any, and set forth only those facts alleged or sought
to be proved, as are necessary to a determination of the issues raised by
the protest.
(c) For good cause shown, the executive director may grant a continu-
ance for the filing of a stipulation of fact of not more than fifteen days.
•
Page 36.4
Register 2005, No. 22; 6-3-2005
Title 13
New Motor Vehicle Board
§594
NOTE: Authority cited: Section 3050(a), Vehicle Code. Reference: Sections
3050(a) and (d), 3060, 3062, 3064, 3065, 3065.1, 3070, 3072, 3074, 3075 and
3076, Vehicle Code.
History
1. Amendment of subsection (a) and new Note filed 9-29-99: operative
10-29-99 (Register 99, No. 40).
2. Change without regulatory effect amending subsections (a) and (c) and Note
filed 12-31-2003 pursuant to section 100, title 1, California Code of Regula-
tions (Register 2004, No. 1).
§ 588. Deliberations of the Board.
When matters are finally submitted to the board for decision, or the
board receives a proposed decision of an administrative law judge, the
board shall take the same under submission and shall conduct its deliber-
ations in executive session. The deliberations of the board shall be in pri-
vate and shall not be reported.
History
1. Change without regulatory effect amending section filed 12-31-2003 pursuant
to section 100, title 1, California Code of Regulations (Register 2004, No. 1).
§ 589. Failure to Appear.
Any party who fails to appear at a hearing will not be entitled to a fur-
ther opportunity to be heard unless good cause for such failure is shown
to the board or to the administrative law judge within five days thereafter.
The lack of such showing of good cause may, in the discretion of the
board or the administrative law judge, be interpreted as an abandonment
of interest by such party in the subject matter of the proceeding.
History
1. Change without regulatory effect amending section filed 12-31-2003 pursuant
to section 100, title 1, California Code of Regulations (Register 2004, No. 1).
§ 590. Hearings by Board or by Administrative Law Judge.
All hearings on protests filed pursuant to Sections 3060, 3062, 3064,
3065, 3065.1, 3070, 3072, 3074, 3075, or 3076 may be considered by the
entire board or may, at its discretion, be conducted by an administrative
law judge designated by the board who shall either be a member of the
board, an administrative law judge on the staff of the Office of Adminis-
trative Hearings, or any person specifically designated by the board.
NOTE: Authority cited: Section 3050(a), Vehicle Code. Reference: Sections
3050(a) and (d), 3060, 3062, 3064, 3065, 3065.1, 3066, 3070, 3072, 3074, 3075
and 3076, Vehicle Code.
History
1 . Amendment filed 9-23-76 as an emergency; effective upon filing (Register 76,
No. 39).
2. Certificate of Compliance filed 12-15-76 (Register 76, No. 51).
3. Amendment of section and new Note filed 9-29-99; operative 10-29-99 (Reg-
ister 99, No. 40).
4. Change without regulatory effect amending section heading, section and Note
filed 12-31-2003 pursuant to section 100, title 1, California Code of Regula-
tions (Register 2004, No. 1).
5. Amendment filed 3-24-2006; operative 4-23-2006 (Register 2006, No. 12).
§ 591 . Notice of Hearing.
The board shall, by an order, fix the time and place of hearing. The
hearing shall be within 60 days of the date of such order. A copy of the
order giving notice of the time and place of hearing shall be sent by regis-
tered mail to the franchiser, the protesting franchisee and to all individu-
als and groups which have requested such notice.
§ 592. Continuances.
Within the time limitation fixed by Section 3066(a), the board, or the
administrative law judge, for good cause shown, may continue the date
fixed for the hearing. Application for continuance shall be in writing and
filed with the executive director at least 10 days prior to the date of hear-
ing. No continuances otherwise requested shall be granted except in ex-
treme emergencies such as serious accident or death.
History
1 . Change without regulatory effect amending section filed 12-3 1-2003 pursuant
to section 100, title 1, California Code of Regulations (Register 2004, No. 1).
Article 6. Form of Filings and Notices
§ 593. Papers Defined — Approved Forms.
The word "papers" means all documents, except exhibits or copies of
documents, which are offered for filing to the executive director in any
proceeding before the board; provided, however, that it does not include
any printed forms approved by the board. Approved forms shall be fur-
nished by the executive director to the public on request, and, unless it
is impracticable to do so, the parties to proceedings before the board shall
use approved forms.
History
1 . Renumbering from section 585 filed 7-1 9-74; effective thirtieth day thereafter
(Register 74, No. 29).
2. Amendment of article heading filed 10-21-94; operative 10-21-94 pursuant to
Government Code section 1 1346.2(d) (Register 94, No. 42).
3. Change without regulatory effect amending section filed 12-31-2003 pursuant
to section 100, title 1, California Code of Regulations (Register 2004, No. 1).
§593.1. Notices.
All written notices pursuant to Vehicle Code section 3062 or 3072
shall be textually segregated in a separate paragraph such that the lan-
guage informing the recipient of the intention of the franchisor to estab-
lish or relocate a dealership is not intermingled with or obscured by the
surrounding text.
NOTE: Authority cited: Sections 3062 and 3072, Vehicle Code. Reference: Sec-
tion 3014, Vehicle Code.
History
1. New section filed 10-21-94; operative 10-21-94 pursuant to Government
Code section 1 1346.2(d) (Register 94, No. 42).
2. Change without regulatory effect amending section and Note filed 1 2-3 1 -2003
pursuant to section 100, title 1, California Code of Regulations (Register 2004,
No. 1).
§ 593.2. Briefs.
Any brief filed with the board in support or opposition to any applica-
tion, motion, memorandum of points and authorities or other position pa-
per, shall include copies of any court decision cited within that brief
which decision is not taken from an official reporter.
NOTE: Authority cited: Section 3050(a), Vehicle Code. Reference: Section 3050,
Vehicle Code.
History
1. New section filed 8-10-98; operative 9-9-98 (Register 98, No. 33).
§ 593.3. Failure to File or to Timely File Statutorily
Required Notices, Schedules, or Formulas.
Failure to file or to timely file the statutorily required notices, sched-
ules, or formulas required by the Vehicle Code may result in the board
ordering the department to exercise any and all authority or power that
the department may have with respect to the issuance, renewal, refusal
to renew, suspension, or revocation of the license of any new motor ve-
hicle dealer, manufacturer, manufacturer branch, distributor, distributor
branch, or representative as that license is required under Chapter 4
(commencing with Section 1 1700) of Division 5.
NOTE: Authority cited: Section 3050(a), Vehicle Code. Reference: Sections 3060,
3062, 3064, 3065 and 1 1713.3, Vehicle Code; and Section 1795.92, Civil Code.
History
1. New section filed 3-8-2002; operative 4-7-2002 (Register 2002, No. 10).
§ 594. Size of Paper, Pagination, Etc.
All papers shall be typewritten or printed on opaque, unglazed, white
paper, not less than twenty pound weight, standard quality letter size
(8 1/2 x 11 inches in size). Only one side of the paper shall be used and
the margins shall be not less than 1 inch on the left hand side of the page
and 1/2 inch on the top, bottom and right hand sides of the page. Headings
shall be either capitalized or underscored, or both, and all quotations shall
be indented. The type shall be not smaller than 12 points. The lines on
each page shall be double spaced. Line numbers shall be placed at the left
margin and separated from the text of the paper by a vertical column of
space at least one-fifth inch wide or a single or double vertical line. The
line number either shall be placed on the same line as a line of type or shall
Page 36.5
Register 2006, No. 12; 3-24-2006
§595
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
be evenly spaced vertically on the page. Line numbers shall be consecu-
tively numbered beginning with the number J on each page. There shall
be at least three line numbers for every vertical inch on the page. The
pages shall be numbered consecutively at the center of the page at the bot-
tom. All papers shall consist entirely of original pages without riders and
shall be firmly bound together at the top. Exhibits may be fastened to
pages of the specified sizes and, when prepared by a machine copying
process, shall be equal to typewritten material in legibility and permanen-
cy of image.
NOTE: Authority cited: Sections 3050(a), Vehicle Code. Reference: Sections
3050(c) and 3051, Vehicle Code.
History
1. Renumbering from Section 586 filed 7-19-74; effective thirtieth dav thereafter
(Register 74, No. 29).
2. Amendment of section and new Note filed 9-5-2000; operative 10-5-2000
(Register 2000, No. 36).
§ 595. Format of First Page.
The first page of all papers shall be in the following form: Commenc-
ing in the upper left hand corner and to the left of the center of the page,
the name, office address (or if none, the residence address), mailing ad-
dress (if different from the office or residence address), electronic- mail
(e-mail) address, if available, and the telephone number of the attorney
or agent for the party in whose behalf the paper is presented, or of the
party if he or she is appearing in person. If the party is represented by an
attorney, provide the state bar number of the attorney beside the name of
the attorney. Below the name, address and telephone number, and cen-
tered on the page, the title of the board. Below the title of the board, in
the space to the left of the center of the page, the title of the proceeding,
e.g., John Doe, petitioner (or protestant, or appellant) vs. Richard Roe (or
Department of Motor Vehicles), respondent, as the case may be. To the
right of and opposite the title, the number of the proceeding, which shall
be assigned consecutively by the executive director in the order of tiling
in petition and appeal proceedings. Numbers in protest proceedings shall
be assigned consecutively by the executive director following receipt of
a notice of appearance from the respondent and upon payment of all filing
fees as required by section 553.40 of Title 13 of the California Code of
Regulations. No number shall be assigned to more than one proceeding.
Immediately below the number of the proceeding, the nature of the paper,
e.g., "Request for Informal Mediation," "Petition," "Protest," "Answer,"
"Appeal," "Request for Hearing," "Petitioner's Opening Brief," etc. The
first allegation of the petition shall state the name and address of the re-
spondent and whether the respondent is the holder of or an applicant for
an occupational license of the type issued by the Department of Motor
Vehicles such that the respondent is subject to the jurisdiction of the
board.
NOTE: Authority cited: Section 3050(a), Vehicle Code. Reference: Sections
3050(c) and 3051, Vehicle Code.
History
1 . Renumbering from Section 587 filed 7-19-74; effective thirtieth day thereafter
(Register 74, No. 29).
2. Amendment and new Note filed 10-16-89; operative 1 1-15-89 (Register 89,
No. 44).
3. Amendment filed 9-15-98; operative 10-15-98 (Register 98, No. 38).
4. Amendment filed 9-19-2000; operative 10-19-2000 (Register 2000, No. 38).
5. Amendment filed 2^-2003; operative 3-6-2003 (Register 2003, No. 6).
6. Change without regulatory effect amending section filed 12-31-2003 pursuant
to section 100, title 1 , California Code of Regulations (Register 2004, No. 1).
7. Change without regulatory effect amending section filed 5-31-2005 pursuant
to section 100, title 1, California Code of Regulations (Register 2005, No. 22).
§ 596. Conformance of Copies.
All copies shall conform to the original filed.
History
1. Renumbering from Section 588 filed 7-19-74; effective thirtieth day thereafter
(Register 74, No. 29).
§ 597. Last Page.
Every paper shall be dated and signed. At the end of each paper, the
date shall appear on the left of the center of the page. Petitions, answers
and appeals shall be subscribed by the party and by his or her attorney or
agent, if he or she is represented. All other papers shall be subscribed by
the party's attorney or agent, if he or she is represented, or by the party,
if he or she appears in person. The signature shall appear at the end of the
paper on the right hand side.
History
1 . Renumbering from Section 589 filed 7-19-74; effective thirtieth day thereafter
(Register 74, No. 29).
2. Change without regulatory effect amending section filed 5-31-2005 pursuant
to section 1 00, title 1 , California Code of Regulations (Register 2005, No. 22).
§ 598. Acceptance of Filing.
(a) A document which purports to be a protest pursuant to Vehicle
Code section 3060, 3062, 3070, or 3072, which is received at the offices
of the Board shall not be filed until the executive director has reviewed
it for compliance with the Board's enabling statutes and Title 13, Sub-
chapter 2 of the California Code of Regulations. If the executive director
deems the document to comply, said document shall be filed. The execu-
tive director may reject any document that does not comply with the
Board's enabling statutes and Title 13, Subchapter 2 of the California
Code of Regulations.
(b) A protest accepted for filing by the executive director shall be re-
corded as filed as of the date it was received at the Board's offices or the
date of certified or registered mailing.
(c) The executive director may, for good cause shown, accept for filing
any papers that do not comply with the Board's enabling statutes and
Title 13, Subchapter 2 of the California Code of Regulations. Good cause
issues and challenges to the executive director's compliance determina-
tions may be resolved by law and motion proceedings before an adminis-
trative law judge.
NOTE: Authority cited: Section 3050(a), Vehicle Code. Reference: Section 3014,
Vehicle Code.
History
1. Renumbering from section 590 filed 7-19-74; effective thirtieth day thereafter
(Register 74, No. 29).
2. Amendment and new NOTE filed 12-12-94; operative 12-12-94 pursuant to
Government Code section 1 1346.2(d) (Register 94, No. 50).
3. Change without regulatory effect amending section filed 12-31-2003 pursuant
to section 100, title 1, California Code of Regulations (Register 2004, No. 1).
Article 7. New Motor Vehicle
Board — Conflict of Interest Code
NOTE: It having been found, pursuant to Government Code Sec-
tion 1 1344(a), that the printing of the regulations constituting the Con-
flict of Interest Code is impractical and these regulations being of limited
and particular application, these regulations are not published in full in
the California Code of Regulations. The regulations are available to the
public for review or purchase at cost at the following locations:
NEW MOTOR VEHICLE BOARD
1507 - 2 1ST STREET, SUITE 330
SACRAMENTO, CALIFORNIA 95814
FAIR POLITICAL PRACTICES COMMISSION
428 J STREET, SUITE 620
SACRAMENTO, CALIFORNIA 95812-0807
ARCHIVES
SECRETARY OF STATE
1020 O STREET
SACRAMENTO, CALIFORNIA 95814
The Conflict of Interest Code is designated as Article 7 of Chapter 2
of Division 1 of Title 13 of the California Code of Regulations, and con-
sists of sections numbered and titled as follows:
Article 7. New Motor Vehicle Board — Conflict of Interest Code
Section
599. General Provisions
Appendix A
NOTE: Authority cited: Sections 87300 and 87304, Government Code. Reference:
Section 87300, et seq., Government Code.
Page 36.6
Register 2006, No. 12; 3-24-2006
Title 13 New Motor Vehicle Board §599
HISTORY 4. Amendment of agency address filed 4-9-85; effective thirtieth day thereafter
1. New article 7 (sections 599-606) filed 4-13-78; effective thirtieth day thereaf- (Register 85, No."l5).
ter. Approved by Fair Political Practices Commission 9-8-77 (Register 78, No. 5. Change without regulatory effect amending Note filed 1 2-24-92 pursuant to
15). section 100, title 1, California Code of Regulations (Register 92, No. 52).
2. Renumbering from sections 599-606 to sections 599-599.7 filed 8-1 1-78 as 5. Amendment of general provisions, section and Appendix A filed 1-1 8-2002;
procedural and organizational; effective upon filing (Register 78, No. 32). operative 2-17-2002. Approved by Fair Political Practices Commission
3. Repealer of article 7 (sections 599-599.7) and new article 7 (section 599 and ] 1-30-2001 (Register 2002, No. 3).
Appendix) filed 2-26-81 ; effective thirtieth day thereafter. Approved by Fair
Political Practices Commission 12-1-80 (Register 81, No. 9).
•
Page 36.7 Register 2006, No. 12; 3-24-2006
A
Barclays Official
California
Code of
Regulations
Title 13. Motor Vehicles
Division 2. Department of the California Highway Patrol
Vol. 17
THOMSON
*
WEST
Barclays Official California Code of Regulations
425 Market Street • Fourth Floor • San Francisco, CA 94105
800-888-3600
Title 13
Department of the California Highway Patrol
Table of Contents
Division 2. Department of the California Highway Patrol
Table of Contents
Page
Page
Chapter 1. Licensed Stations and Muffler
Installers 37
Article 1. Licensed Muffler
Certification Stations 37
Scope.
Definitions.
General Requirements.
Licensing Procedures.
Displays, Maintenance of
Equipment, and Records.
Issuance, Cancelation, or Surrender
of License.
Muffler Certification Station Signs.
Classes of Muffler Certification
Stations.
Station Operation.
Exhaust System Sale and
Installation 40
Scope.
Requirements for Certified Systems.
Sale.
Installation.
Fleet Owner Inspection and
Maintenance Stations 40
§ 615. Scope.
§615.1. Definitions.
§ 616. Qualifications for License.
§ 6] 7. Procedures for Licensing.
§ 618. Issuance, Cancellation, or Surrender
of License.
§ 619. Station Operation.
§619.1. Inspection by Department.
§600.
§601.
§602.
§603.
§604.
§605.
§606.
§607.
§608.
Article 2.
§610.
§611.
§612.
§613.
Article 3.
§644.
§ 645.
§646.
§647.
§648.
Article 4.
§ 650.
§651.
§ 652.
§ 653.
§ 654.
§ 655.
§ 656.
§ 657.
Article 5.
Chapter 2.
Article 1.
§620.
§621.
§622.
§623.
§624.
§ 625.
Article 2.
§630.
§631.
§632.
§633.
§634.
§635.
§636.
§637.
Article 3.
§640.
§641.
§642.
§643.
Lighting Equipment
Lighting Equipment Subject
to Regulation
42
42
Scope of Subchapter.
Federally Regulated Equipment.
Equipment for Which There Is No
Federal Regulation.
Definitions.
Referenced Publications.
Test Data.
Identification Markings
Permanent Markings.
Size of Markings.
Model Designation Markings.
Lens Markings.
Sealed Optical Unit Markings.
Aftermarket Housing Markings.
Original Equipment Housing
Markings.
Orientation Markings.
Construction Requirements
Lamp Construction.
Optic Indexing.
Bulbs.
Bulb Sockets.
43
44
Translucent Housings.
White Light to Rear.
Lens Rotation and Displacement.
Plastic Materials.
Housing for Optical Units.
Photometric Requirements 45
Terminology.
Test Distance.
Color Correction of Photometer.
Bulb Operating Conditions.
Out-of-Focus Tests.
Candela Requirements.
Color Requirements.
Mounting of Devices for
Photometric Tests.
Mechanical Test
Requirements 46
Page i
§660.
Applicability.
§661.
Aiming Adjustment Test.
§662.
Corrosion Test.
§663.
Dust Test.
§664.
Lens Recession Test.
§ 665.
Moisture Test.
§666.
Vibration Test.
§667.
Warpage Test.
§670.
Scope.
§671.
General Lighting Equipment.
§672.
Aimable Roadlighting Devices.
§673.
Cornering Lamps.
§674.
Driving Lamps.
§675.
Fog Lamps.
§676.
Headlamps, Single Filament.
§677.
Headlamps, Double Filament.
§678.
Motorcycle Headlamps.
§679.
Motor-Driven Cycle Headlamps.
§680.
Passing Lamps.
§681.
School Bus Sidelamps.
§682.
School Bus Warning Lamps.
Article 7.
Mounting Requirements 47
§685.
Installation and Maintenance.
§686.
Mounting of Aftermarket Devices.
§687.
Mounting of Original Equipment
Devices.
§688.
Clearance and Sidemarker Lamps.
§689.
Cornering Lamps.
§690.
Deceleration Lamps.
§ 690.5.
Driving Lamps.
§691.
Fog Lamps.
§692.
Headlamps.
§693.
Passing Lamps.
§694.
Running Lamps.
§695.
School Bus Sidelamps.
§ 695.5.
School Bus Strobe Lamp.
§696.
School Bus Warning Lamps.
§697.
Side-Mounted Turn Signal Lamps.
§698.
Supplemental Signal Lamps.
§699.
Turn Signal Lamps.
§700.
Warning Lamps.
Article 8.
Advance Stoplamp Switches 50
Article 9.
Auxiliary Driving, Fog, and
Passing Lamps 50
§710.
Scope.
(7-11-2008)
Table of Contents
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
§711.
§712.
§713.
Article 10.
§720.
§721.
§722.
Article 11.
§730.
§731.
§ 732.
§733.
§734.
§ 735.
§736.
Article 12.
§740.
§741.
§742.
§743.
Article 13.
Article 14.
§760.
§761.
§762.
Article 15.
§765.
§766.
§767.
§768.
§769.
Article 16.
§770.
§771.
§772.
§773.
§774.
§775.
§776.
§777.
Article 17.
§780.
§781.
§782.
§783.
Article 18.
§785.
§786.
Article 19.
§790.
§791.
§792.
§793.
§794.
Article 20.
Article 21.
§800.
§801.
§802.
Page
Mechanical Test Requirements.
Photometric Test Requirements.
Beam Aimability Requirements.
Cornering Lamps 50
Scope.
Mechanical Test Requirements.
Photometric Test Requirements.
Deceleration Signal Lamp
Systems 50.1
Scope.
Operating Requirements.
Deceleration Performance.
Mechanical Test Requirements.
Temperature Test Requirements.
Durability Test.
Photometric Test Requirements.
Fog Taillamps 51
Scope.
General Requirements.
Mechanical Test Requirements.
Photometric Test Requirements.
Headlamp Flashing Systems 52
Reflex Reflectors on Front
of Vehicles 52
Scope.
Definitions.
Test Requirements.
Replacement Lenses 52
Scope.
Definition.
Mechanical Test Requirements.
Photometric Test Requirements.
Installation Instructions.
Reserve Lighting and Outage
Indicating Systems 52
Scope.
Definition.
General Requirements.
Operating Requirements.
Voltage Requirements for Alternate
Circuits.
Vibration Test Requirements.
Temperature Test Requirements.
Installation Requirements.
Running Lamps 54
Scope.
Minimum Size.
Mechanical Test Requirements.
Photometric Test Requirements.
School Bus Sidelamps 54
Scope.
General Requirements.
Side-Mounted and
Supplemental Signal Lamps 54
Scope.
Definitions.
General Requirements.
Mechanical Test Requirements.
Photometric Test Requirements.
Traffic Signal Priority
Devices 55
Warning Lamp Flashers 55
Scope.
Performance and Durability
Requirements.
Thermally Operated Flashers.
§803.
§804.
Article 22.
§810.
§811.
§812.
§813.
§814.
§ 815.
§816.
§817.
§818.
Article 23.
§819.
§820.
Chapter 3.
Chapter 4.
Article 1.
§900.
§901.
§902.
§903.
§904.
§ 905.
§906.
Article 2.
§ 930.
§931.
§932.
§933.
§933.1.
§934.
§934.1.
§935.
§935.1.
§936.
§937.
Article 3.
§970.
§971.
Article 4.
§980.
§981.
§982.
§983.
§984.
Article 4.5.
Article 5.
Article 6.
Article 7.
Article 8.
§ 1020.
§ 1021.
§ 1022.
Page
Nonthermally Operated Flashers.
Variable Load Flashers.
Warning Lamps 55
Scope.
Definitions.
Classification of Warning Lamps.
General Requirements.
Mechanical Test Requirements.
Temperature and Durability Test
Requirements.
Color Requirements.
Photometric Test Requirements.
Type of Warning Lamps Used on
Emergency Vehicles and Special
Hazard Vehicles.
School Bus Strobe Lamps 58
Scope.
School Bus Strobe Lamp.
Laboratories 58.1
Special Equipment 58.1
Bunk Stake Assemblies 58.1
Scope.
Definition.
Identification Markings.
General Requirements.
Test Requirements for Bunk Stakes
for Large Logs.
Test Requirements for Bunk Stakes
for Small Logs.
Bunk Stake Width.
Compressed and Liquefied Gas
Fuel Systems 59
Scope.
Definitions.
Reference Publications.
Liquefied Petroleum Gas.
Grandfathered Liquefied Petroleum
Gas Requirements.
Compressed Natural Gas.
Compressed Natural Gas — NFPA
Standard.
Liquefied Natural Gas.
Grandfathered Liquefied Natural
Gas Requirements.
Installation.
Exemptions.
Insigne for Licensed
Physicians 64
Design of Physicians' Insigne.
Mounting Requirements.
Federally Regulated
Equipment 64
Scope.
Test Data.
Safety Helmet Requirements.
Safety Belt Requirements.
Safety Glazing Material.
Traffic Signal Priority
Device 64
Seat Belt Assemblies 64.1
Safety Helmets 64.1
Safety Glazing Material 64.1
Sirens 64.1
Scope.
Definitions.
Test Data.
Page
(7-11-2008)
Title 13
Department of the California Highway Patrol
Table of Contents
Page
Page
•
•
•
§ 1023.
Identification Markings.
§ 1024.
Instrumentation for Testing.
§ 1025.
Testing Sites.
§ 1026.
Microphone and Personnel Stations.
§ 1027.
Siren Test Procedures.
§ 1028.
Performance Requirements.
§ 1029.
Installation Requirements.
Article 9.
Exhaust System Noise
Measurement 67
§ 1030.
Scope.
§ 1031.
Definitions.
§ 1032.
Instrumentation.
§ 1033.
Instrument Calibration.
§ 1034.
Training and Positioning of
Personnel.
§ 1035.
Meter Operation.
§ 1036.
Passenger Cars and Light Trucks
and Buses.
Article 10.
Vehicle Sound Measurement 69
§ 1040.
Scope.
§ 1041.
Definitions.
§ 1042.
Training and Positioning of
Personnel.
§ 1043.
Instrumentation Requirements.
§ 1044.
Sound Level Meter Operation.
§ 1045.
Measurement Procedures for
Vehicles in Use.
§ 1046.
Measurement Procedures for New
Motor Vehicles.
§ 1047.
Vehicle Sound Level.
Article 11.
Exhaust System
Certification 73
§ 1050.
Intent.
§ 1051.
Scope.
§ 1052.
Certification Procedures.
§ 1053.
Retraction of Certification.
§ 1054.
Identification Markings.
Article 12.
Brake Equipment 74
§ 1060.
Scope of Regulations.
§ 1061.
Air Governor Adjustment.
§ 1062.
Safety Valve Adjustment.
§ 1063.
Load-Controlled Air Pressure
Reducing System.
§ 1064.
Wheel-Controlled Air Pressure
Reducing System.
§ 1065.
Pressure Controlled Reducing
System.
§ 1066.
General Requirements for Load,
Wheel, and Pressure Controlled Air
Pressure Reducing Systems.
Article 13.
Tire Chains 75
Article 14.
Tires and Rims 75
§ 1080.
Scope.
§ 1081.
Definitions.
§ 1082.
New Tire Requirements.
§ 1083.
New Tire Marking.
§ 1084.
Identification Markings on Radial
Tire Inner Tubes.
§ 1085.
Tire and Rim Size and Capacity.
§ 1086.
Regrooved Tire Design and
Construction.
§ 1087.
Tire Condition and Use.
Article 15.
Wheelchair Lifts 77
§ 1090.
Scope.
§ 1091.
Definitions.
§ 1092.
Mechanical Requirements.
§ 1093.
Durability Requirements.
§ 1094.
Certification.
§ 1095.
Installation.
Chapter 5.
Special Vehicles 79
Article 1 . Ambulances 79
§1100. Scope.
§1100.2. Definitions.
§1100.3. General Requirements.
§ 1100.4. Ambulance Identification.
§ 1100.5. Ambulance Location Report.
§ 1100.6. Periodic Ambulance and Records
Inspection.
§1100.7. Record of Calls.
§ 1100.8. Personnel Records.
§1101. Ambulance Attendant.
§1102. Ambulance Driver.
§ 1102.2. Denial, Suspension, and Revocation
of Ambulance Driver Certificate.
§ 1102.4. Hearings.
§1102.5. Hearing Review Committee.
§1102.6. Disciplinary Periods.
§1102.8. Meaning of Conviction.
§1103. Ambulance Safety Equipment.
§1103.2. Ambulance Emergency Care
Equipment and Supplies.
§ 1104. Dispatching Responsibilities.
§1105. Ambulance Driver's
Responsibilities.
§1106. Owner's Responsibilities.
§ 1106.2. Financial Responsibility.
§ 1107. Ambulance Service Licensing
Requirements.
§1107.2. Ambulance Identification
Certificate.
§1107.4. Temporary Operating
Authorization.
§ 1108. Exemption from Requirements.
§ 1 109. Grounds for Suspension or
Revocation of License.
Article 2. Armored Cars 85
§1110. Scope of Regulations.
§1111. General Requirements.
§ 1112. Armored Car Inspection and
Identification Card.
§1113. Temporary Operating
Authorization.
Article 3. Authorized Emergency
Vehicles — Permits 86
§1120. Scope of Regulations.
§1121. Permit Issuance and Retention.
§ 1122. Special Requirements.
§1123. Prohibitions.
§ 1124. Permit Denial, Suspension, or
Revocation.
Article 4. School Bus Contractor's
License 87
§ 1 130. License Issuance and Retention.
§1131. Substitution of Officials.
§ 1132. Exemptions.
§1133. Special Exemptions.
§1134. Stop Order.
Article 5. Color of Traffic Law
Enforcement Vehicles 87
§1140. Scope.
§1141. Color Requirements.
Chapter 6. Hazardous Materials 87
Article 1. Explosives Routes and
Stopping Places 87
§ 1150. Applicability.
§ 1 1 50. 1 . Designation of Routes and Stopping
Places.
§ 1150.2. Routes Traveled and Stopping.
§ 1150.3. En Route Inspections.
§ 1150.4. Detours.
§1150.5. Services and Products.
Page
(7-11-2008)
Table of Contents
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
Page
Page
§ U51.
Map Index.
§ 1151.1.
Routes and Stops — Map 1.
§ 1151.2.
Routes and Stops — Map 2.
§1151.3.
Routes and Stops — Map 3.
§ 1151.4.
Routes and Stops — Map 4.
§ 1151.5.
Routes and Stops — Map 5.
§ 1151.5.1.
Routes and Stops — Map 5A.
§ 1151.6.
Routes and Stops — Map 6.
§ 1151.7.
Routes and Stops — Map 7.
§ 1151.7.1.
[Reserved].
§ 1151.8.
Routes and Stops — Map 8.
§1151.8.1.
Routes and Stops — Map 8A.
§ 1151.8.2.
Routes and Stops — Map 8B.
§ 1151.8.3.
Routes and Stops — Map 8C.
§ 1151.8.4.
Routes and Stops — Map 8D.
§ 1151.9.
Routes and Stops — Map 9.
§ 1151.9.1.
Routes and Stops — Map 9A.
§ 1151.10.
Routes and Stops — Map 10.
§ 1151.10.1.
Routes and Stops — MaplOA.
§ 1151.11.
[Reserved].
§ 1151.12.
[Reserved].
§ 1151.13.
[Reserved].
§ 1151.14.
[Reserved].
§1152.
[Reserved].
§ 1152.1.
Routes and Stops — Map 1 1 .
§ 1152.2.
Routes and Stops — Map 12.
§ 1152.2.1.
Routes and Stops — Map 12 A.
§ 1152.3.
Routes and Stops — Map 13.
§ 1152.3.1.
Routes and Stops — Map 13 A.
§ 1152.4.
Routes and Stops — Map 14.
§ 1152.4.1.
Routes and Stops — Map 14A.
§ 1152.4.2.
Routes and Stops — Map 14B.
§ 1152.5.
Routes and Stops — Map 15.
§ 1152.6.
Routes and Stops — Map 16.
§ 1152.6.1.
Routes and Stops — Map 16A.
§ 1152.7.
Routes and Stops — Map 17.
§ 1152.7.1.
Routes and Stops — Map 17 A.
§ 1152.8.
Safe Parking Places.
§1152.9.
[Reserved].
§ 1152.10.
[Reserved].
§ 1152.11.
[Reserved].
§ 1152.12.
[Reserved].
§ 1152.13.
[Reserved].
§1153.
[Reserved].
§ 1153.1.
[Reserved].
§ 1153.2.
[Reserved].
§ 1153.3.
[Reserved].
§1153.4.
[Reserved].
§ 1153.5.
[Reserved].
§ 1153.6.
[Reserved].
§ 1153.7.
[Reserved].
§ 1153.8.
[Reserved].
§ 1153.9.
[Reserved].
§1153.10.
[Reserved].
§1153.11.
[Reserved].
§ 1153.12.
[Reserved].
§ 1154.
[Reserved].
Article 2.
Escorting of Inhalation
Hazard Shipments 128.8(c)
§ 1155.
Application of Article.
§ 1155.1.
Definitions.
§ 1155.2.
[Reserved].
§ 1155.3.
Escort Vehicle Equipment.
§ 1155.4.
Co-driver and Drivers Hours.
§1155.6.
Inhalation Hazard Transport Vehicle
Equipment.
§ 1155.8.
Escort Procedures.
§1156.
[Reserved].
§ 1156.1.
[Reserved].
§ 1156.2.
[Reserved].
§ 1156.3.
[Reserved].
§ 1156.4.
[Reserved].
§ 1156.5.
[Reserved].
§ 1156.6.
[Reserved] .
§ 1156.7.
[Reserved].
§ 1156.8.
[Reserved].
Article 2.5.
Inhalation Hazard
Shipments;
Routes and Stopping Places .
§ H57.
Scope of Article.
§ 1157.1.
[Reserved].
§ 1157.2.
Map Index.
§ 1157.4.
Routes and Slops-
-Map 1 .
§ 1157.6.
Routes and Stops-
-Map 1A.
§ 1157.8.
Routes and Stops-
-Map 2.
§ 1157.10
Routes and Stops-
-Map 3.
§ 1157.12
Routes and Stops-
-Map 4.
§ 1157.13
Routes and Stops-
-Map 4A.
§ 1157.14
Routes and Stops-
-Map 5.
§ 1157.16
Routes and Stops-
-Map 6.
§ 1157.18
Routes and Stops-
-Map 7.
§ 1157.20
Routes and Stops-
-Map 8.
Article 2.7.
Routes for the Thr
ough
128.9
Transportation of Highway
Route Controlled Quantity
Shipments of Radioactive
Materials I28.l0(o)
§ 1158.
Applicability.
§ 1158.1.
Designation of Routes.
§ 1158.2.
Routes Travelled and Stopping.
§ 1158.3.
Carrier, Driver, Training and
Reporting Requirements.
§ H59.
Routes.
Article 3.
General Hazardous Materials
Regulations 128. V
§ 1160.
Application.
§ 1160.1.
Exceptions and Special
Applications.
§ 1160.2.
U.S. Department of Transportation
Regulations.
§ 1160.3.
Definitions.
§ 1160.4.
General Provisions.
§ 1160.5.
Hazard Classification and Shipping
Names.
§ H61.
Shipping Papers.
§ 1161.1.
Shipping Certification.
§ 1161.2.
Hazard Labels.
§ 1161.3.
Marking.
§ 1161.6.
Emergency Response Information.
§ 1161.7.
Hazardous Materials Training.
§ H62.
Placards.
§ 1162.1.
Vehicle Safety Equipment.
§ 1163.
Shipment Preparation.
§ 1163.1.
Prohibited Transportation.
§ 1164.
Vehicle Loading.
§ 1165.
[Reserved] .
§ 1165.1.
[Reserved] .
§ 1166.
Reporting of Incidents Involving
Hazardous Materials or Hazardous
Wastes.
§ 1167.
Delivery of Shipments; Action in
Event of Accidents.
§ 1168.
[Reserved] .
Article 4.
Inspection Fees 130.4
§ 1170.
Scope.
§ H71.
Definitions.
§ H72.
Fees.
§ H73.
Reinspections.
Article 4.5.
[Reserved] 130.4
§1176.
Hazardous Waste Training.
§ 1178.
Hazardous Materials Training.
Page iv
(7-11-2008)
Title 13
Department of the California Highway Patrol
Table of Contents
Article 5.
Article 6.
Fleet Owner Inspection and
Maintenance Stations
§ 1190.
§ 1190.1.
§ 1191.
§ 1192.
§1193.
§ 1194.
§ 1195.
§ 1196.
§ 1197.
Registration, Inspection,
and Certification of
Flammable and Combustible
Liquid Cargo Tanks
[Reserved].
[Reserved].
[Reserved].
[Reserved].
[Reserved].
[Reserved].
[Reserved].
[Reserved].
[Reserved].
Page
130.4
130.4
Page
Chapter 6.5. Motor Carrier Safety 130.5
Article 1. Definitions and General
Provisions 130.5
Scope.
§ 1200.
§ 1201.
§ 1202.
§ 1202.1.
§ 1202.2.
Article 2.
Definitions.
General Provisions.
Applicability of Federal
Regulations.
Applicability of Federal
Regulations.
School Bus, SPAB, Youth Bus,
and Farm Labor Vehicle
Driver Certificates 132
§ 1203.
Words and Phrases.
§ 1203.1.
Special Driver Certificates.
§ 1204.
Driver Training.
§ 1204.5.
Driver Instructor Certificates.
§ 1205.
Medical Requirements.
§ 1206.
Fingerprints.
§ 1207.
Issuance of Driver Certificates.
§ 1208.
Driver Certificate Actions.
§ 1209.
Revocation or Suspension of
Certificates.
§ 1210.
Convictions.
§1211.
Denial, Suspension, or Revocation
Hearings.
Article 3.
General Driving
Requirements 133
§ 1212.
Driver Hours of Service.
§ 1212.5.
Maximum Driving and On-Duty
Time.
§ 1213.
Driver's Record of Duty Status.
§ 1213.1.
Placing Drivers Out-of-Service.
§ 1213.2.
Automatic On-Board Recording
Device.
§ 1214.
Driver Fatigue.
§1215.
Vehicle Condition.
§ 1216.
Transportation of Property.
§ 1217.
Transportation of Passengers.
§ 1218.
Fueling Restrictions.
Article 4.
Additional Requirements for
School Bus, SPAB, and Youth
Bus Drivers 134.10
§ 1219.
School Bus Accidents.
§ 1220.
Discontinuance from Use.
§ 1221.
Alcoholic Beverages.
§ 1222.
Smoking.
§ 1223.
Driver's Vision.
§ 1224.
Seat Belt Use.
Article 5.
Additional Requirements for
School Bus Drivers 134.10
§ 1226.
Leaving Driver's Compartment.
§ 1227.
School Bus Stops.
§ 1228.
Railroad Crossing.
Article 6.
Carrier Requirements 134.10
§ 1229.
Driving Proficiency.
§ 1230.
Unlawful Operation.
§ 1230.5.
Intermodal Chassis Inspection Tags.
§ 1231.
Vehicle Inspection Approval
Certificate.
§ 1231.5.
Farm Labor Vehicle Certification
Stickers.
§ 1232.
Vehicle Inspection and
Maintenance.
§ 1233.
Safety Compliance Ratings.
§ 1233.5.
Change of Address.
§ 1234.
Required Records for Motor
Carriers.
§ 1234.5.
Farm Labor Vehicle Inspection
Scheduling.
§ 1235.
Towing Other Vehicles.
Article 6.5.
Carrier Identification
Numbers 134.14
§ 1235.1.
Application for Carrier
Identification Number.
§ 1235.2.
Motor Carrier Safety Records of the
Department.
§ 1235.3.
Required Information and
Assignment of Identification
Numbers.
§ 1235.4.
Identification Numbers
Nontransferable.
§ 1235.5.
Retention of Records by the
Department.
§ 1235.6.
Reconciliation of Records.
Article 7.
Additional Requirements for
School Bus, SPAB, and Youth
Bus Carriers 134.17
§ 1236.
Reporting Driver Status.
§ 1237.
Reporting of Accidents.
§ 1238.
School Bus Stops.
Article 7.5.
Commercial Vehicle Out-of-
§ 1239.
Article 8.
§ 1225.
Headlamps.
§ 1240.
§ 1241.
§ 1242.
§ 1242.5.
§ 1243.
§ 1244.
§ 1245.
§ 1246.
§ 1247.
§ 1248.
§ 1249.
§ 1250.
§ 1251.
§ 1252.
§ 1253.
§ 1254.
§ 1255.
§ 1256.
§ 1256.5.
§ 1257.
§ 1258.
Service Criteria 134.1 J
Commercial Vehicle Safety Alliance
North American Standard
Out-of-Service Criteria.
General Equipment
Requirements 134.1!
Federal Motor Vehicle Safety
Standards.
Major Changes.
Fire Extinguishers.
Liquid Burning Flares, Fusees, Oil
Lanterns, etc.
First Aid Kits.
Tires, Rims, and Wheels.
Brakes — All Vehicles.
Brakes — School Buses and Farm
Labor Vehicles.
Towing Equipment.
Storage Batteries.
Wiring.
School Bus Wiring.
Dump Body Vehicle Equipment.
Auxiliary Air Tanks.
Liquid Fuel Supply Tanks and
Systems.
Liquefied and Compressed Gas Fuel
Systems.
Fuel Tanks and Fuel Lines.
Identification.
School Bus Color and Signs.
Mirrors.
Mirrors on School Buses.
Page v
(7-11-2008)
Table of Contents
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
Page
Page
§ 1259.
Healers and Defrosters.
§ 1260.
Ventilation.
§ 1261.
Exhaust Systems.
§ 1262.
Speedometer and Odometer.
§ 1263.
Interior Lamps.
§ 1264.
Passenger Compartments.
§ 1265.
Sleeper Berths.
§ 1266.
Drive Shaft Protection.
§ 1267.
Bus Entrances and Exits.
§ 1268.
Emergency Exits.
§ 1269.
Side Windows As Emergency Exits.
§ 1269.1.
Equipment for Transporting
Wheelchairs.
§ 1270.
Seats.
§ 1270.3.
Farm Labor Vehicle Seating.
§ 1270.5.
Conspicuity Systems.
Article 9.
Additional Equipment
Requirements for School
Buses 146.2
§ 1271 . Data Required by Federal
Standards.
§ 1272. Data Display and Chassis
Certification.
§1273. School Bus Bodies.
§ 1274. Used or Changed School Bus.
§ 1275. Chassis Mounting.
§ 1276. School Bus Weight Limits.
§ 1277. Power or Grade Ability.
§1277.1. Starter Interlock.
§1278. Pupils' Seats.
§ 1279. Aisles.
§ 1280. Steps.
§ 1281. Doors.
§1281.1. Door Warning Devices.
§ 1282. Emergency Exits Type 1 School
Buses.
§ 1283. Emergency Exits Type 2 School
Buses.
§ 1284. Emergency Exits — All School
Buses.
§1285. Windows— Type 1 School Bus.
§ 1286. Windows— Type 2 School Bus.
§ 1287. Glazing Material.
§ 1288. Turn Signal System.
§ 1288.1. Warning Lamp Hoods.
§ 1289. Wheel Clearance.
§ 1290. Bumpers.
§1291. Steering Components.
§1292. Roadside Warning Devices.
§ 1293. Wheelchair School Buses.
Cargo Securement Standards 149
Article 1. Protection Against Shifting
and Falling Cargo 149
§1300. Scope of Regulations.
§1301. Definitions. [Repealed]
§ 1302. Genera] Requirements. [Repealed]
§ 1303. Specifications. [Repealed]
§ 1304. Testing and Certification.
[Repealed]
§ 1 304. 1 . Test Samples. [Repealed]
§ 1305. Condition and Use. [Repealed]
§ 1310. Scope of Regulations. [Repealed]
§ 1311. General Provisions. [Repealed]
§ 1312. Construction of Loads. [Repealed]
§ 1313. Securement of Loads. [Repealed]
§ 1314. Alternative Securement of Jumbo
Bales. [Repealed]
§ 1315. Alternate Method of Compliance.
[Repealed]
§ 1320. Scope of Regulations. [Repealed]
§1321. Definitions. [Repealed]
§ 1322. General Provisions. [Repealed]
§ 1323. Securement. [Repealed]
§ 1324. Load Securement. [Repealed]
Chapter 7.
§ 1325.
Alternate Method of Compliance.
[Repealed]
§ 1330.
Scope of Regulations. [Repealed]
§ 1331.
Definitions. [Repealed]
§ 1332.
General Provisions. [Repealed]
§ 1333.
Pyramid Loading of Logs or Poles
on Flatbed or Rail-Equipped
Vehicles. [Repealed]
§ 1334.
Nonpyramid Loading of Small Logs
and Poles on Flatbed or
Rail-Equipped Vehicles. [Repealed]
§ 1335.
Binding of Logs or Poles on Flatbed
or Rail-Equipped Vehicles.
[Repealed]
§ 1336.
Loading of Logs or Poles on
Vehicles with Bunks. [Repealed]
§ 1337.
Binding of Logs or Poles on
Vehicles with Chock Blocks.
[Repealed]
§ 1338.
Loading and Binding of Logs or
Poles on Vehicles with Bunk Stake
Assemblies. [Repealed]
§ 1339.
Alternate Method of Compliance.
[Repealed]
§ 1339.1.
Definition. [Repealed]
§ 1339.2.
Identification Markings. [Repealed]
§ 1339.3.
General Requirements. [Repealed]
§ 1339.4.
Test Requirements for Bunk Stakes
for Large Logs. [Repealed]
§ 1339.5.
Test Requirements for Bunk Stakes
for Small Logs. [Repealed]
§ 1339.6.
Bunk Stake Width. [Repealed]
§ 1340.
Scope of Regulations. [Repealed]
§ 1341.
Definitions and General Provisions.
[Repealed]
§ 1342.
Junk and Scrap Metal (Including
Baled Vehicle Bodies) Loading and
Securement. [Repealed]
§ 1343.
Unbaled Vehicle Body Loading and
Securement. [Repealed]
§ 1344.
Alternate Method of Compliance.
[Repealed]
§ 1350.
Scope of Regulations. [Repealed]
§1351.
Definitions. [Repealed]
§ 1352.
General Provisions. [Repealed]
§ 1353.
Horizontal Eye Coils — Loading and
Blocking Requirements. [Repealed]
§ 1354.
Horizontal Eye Coils — Application
of Binders. [Repealed]
§ 1355.
Vertical Eye Coils. [Repealed]
§ 1356.
Alternate Method of Compliance.
[Repealed]
§ 1360.
Scope of Regulations. [Repealed]
§ 1361.
Definitions. [Repealed]
§ 1362.
General Provisions. [Repealed]
§ 1363.
Securement of Loads. [Repealed]
§ 1364.
Securing of Lifts. [Repealed]
§ 1365.
Stacking of Lifts. [Repealed]
§ 1366.
Alternate Method of Compliance.
[Repealed]
§ 1370.
Scope of Regulations. [Repealed]
§1371.
Definitions. [Repealed]
§ 1372.
General Provisions. [Repealed]
§ 1373.
Construction of Loads. [Repealed]
§ 1374.
Securement of Loads. [Repealed]
§ 1375.
Alternate Method of Compliance.
[Repealed]
Article 2.
Liquids in Collapsible
Containers — Securement and
Page vi
Transportation
158
§ 1400.
Scope.
§ 1401.
Identification.
§ 1402.
Retest and Repair.
§ 1403.
Restraints.
§ 1404.
Transportation of Flammables.
§ 1405.
Alternate Standards.
(7-11-2008)
Title 13
Department of the California Highway Patrol
Table of Contents
Page
Page
§ 1406.
Alternate Method of Compliance.
[Repealed]
§ 1410.
Scope of Regulations. [Repealed]
§ 1411.
Definitions. [Repealed]
§ 1412.
General Provisions. [Repealed]
§ 1413.
Racks. [Repealed]
§ 1414.
V-Boards. [Repealed]
§ 1415.
Cab Protection. [Repealed]
§ 1416.
Loading and Securement of Lumber
and Lumber Products. [Repealed]
§ 1417.
Loading and Securement of Specific
Lumber Products. [Repealed]
§ 1418.
Alternate Method of Compliance.
[Repealed]
§ 1420.
Scope. [Repealed]
§ 1421.
Identification. [Repealed]
§ 1422.
Retest and Repair. [Repealed]
§ 1423.
Restraints. [Repealed]
§ 1424.
Transportation of Flammables.
[Repealed]
§ 1425.
Alternate Standards. [Repealed]
Article 15.
Lumber and Lumber Products —
§ 1801.
Conflict of Interest Code for the
California Office of Traffic Safety.
Safe Loading, Securement,
and Transportation
[Repealed]
161
•
Chapter 8.
Chapter 9.
Chapter 10.
Article 1.
§ 1800.
Passenger Vehicle Inspection 162
Abandoned Vehicles 162
Internal Affairs 162
Conflict of Interest Code 162
Conflict of Interest Code for the
California Highway Patrol.
Appendix 162
Chapter 11.
Article 1.
§ 1850.
§ 1851.
Article 2.
§ 1855.
§ 1856.
§ 1857.
Article 3.
§ I860.
§ 1861.
§ 1862.
§ 1863.
§ 1864.
§ 1865.
§ 1866.
§ 1867.
§ 1868.
§ 1869.
Chapter 12.
Article 1.
§ 1875.
Rules Applicable to Use of State
Property 191
Genera] 191
Applicability.
Definitions.
Permits 191
Permits for Activity on State
Property.
Denial or Cancellation of a Permit.
Appealing Denial or Cancellation of
Permit.
Restrictions on Use of State
Buildings and Grounds 192
Types of Permits.
Prohibited Conduct.
Signs, Posters, Placards, Banners.
Decorations.
Fire.
Parking.
Dogs, Cats, and Other Domesticated
Animals.
Operation and Use of Bicycles,
Roller Skates, Skateboards, and
Other Wheeled Conveyances.
Flower Beds and Lawns.
Games and Sports.
Computer Crime 192.2
Computer Crime Reporting 192.2
Computer Crime Reporting for State
Agencies.
Page vii
(7-11-2008)
Title 13
Department of the California Highway Patrol
§605
Division 2.
Chapter 1.
Department of the California
Highway Patrol
Licensed Stations and Muffler
Installers
Article 1. Licensed Muffler Certification
Stations
§ 600. Scope.
NOTE: Authority cited: Sections 2402 and 27150.2, Vehicle Code. Reference:
Sections 2500-2504, 2540-2549, and 27150.2, Vehicle Code.
History
1. New Article 1 (Sections 600-608) filed 1 1-25-75; designated effective 1-1-77
(Register 75, No. 48). For prior history, see Register 72, No. 8.
2. Amendment of Subchapter title filed 3-27-78: designated effective 5-1-78
(Register 78, No. 13).
3. Order of Repeal filed 8-26-82 by OAL pursuant to Government Code Section
1 1349.7(j) (Register 82, No. 35).
§601. Definitions.
The following definitions shall apply when used in this article:
(a) Licensed Muffler Certification Station. A "licensed muffler certifi-
cation station" is an automotive repair facility that meets all requirements
of this article and is licensed and equipped to inspect, repair, replace, and
certify vehicular exhaust systems.
(b) Exhaust System. An "exhaust system" consists of all pipes, conver-
ters, and chambers through which the exhaust gas flows from the engine
exhaust ports to the end of the tailpipe.
NOTE: Authority cited: Section 27 1 50.2, Vehicle Code. Reference: Sections
2500-2504 and 27150.2, Vehicle Code.
History
1. Amendment filed 6-16-77; designated effective 7-15-77 (Register 77, No. 25).
2. Amendment of subsection (b) filed 6-28-82; effective thirtieth day thereafter
(Register 82, No. 27).
§ 602. General Requirements.
The following general requirements shall apply to licensed muffler
certification stations:
(a) Performance Standards. Muffler certification stations shall main-
tain reputable business standards in the performance of work, and the
premises shall be maintained in a clean and orderly condition.
(b) Measurement Areas. Sound level measurements for exhaust sys-
tem noise certification shall be made only in areas meeting the require-
ments of this article.
(c) Personnel. The station owner or at least one full-time employee
shall be knowledgeable of all regulations applicable to the licensing of
muffler certification stations, exhaust noise certification limits, and ex-
haust system certification. If a station certifies exhaust systems by test-
ing, the owner or employee shall be proficient in the calibration, use, and
maintenance of noise measuring instruments. The licensee shall be ac-
countable for the actions of his employees in installing and certifying ex-
haust systems and parts and shall be responsible for ensuring that un-
trained employees are not permitted to sign muffler certifications or clear
enforcement documents. Trained personnel shall be capable of demon-
strating their proficiency to departmental representatives whenever the
station is inspected.
(d) Fleet Owner Station. Any station operated solely for servicing a li-
censee's fleet of 10 or more motor vehicles shall certify the exhaust sys-
tems or clear enforcement documents only on the fleet vehicles owned
or operated by the licensee.
§ 603. Licensing Procedures.
Muffler certification station licenses shall be issued in accordance
with the following procedures:
(a) Application for Initial or Renewed Station Licenses. Persons,
firms, or agencies shall submit requests for muffler certification station
licenses on application forms furnished by the department. Licenses shall
be issued only for stations meeting the requirements of this article, and
station facilities may be inspected by a representative of the department.
(b) License Fees. Each initial, renewal, or duplicate license application
shall be accompanied by the appropriate fee as follows:
(1) Initial license, change of ownership, change of station class: $10
(2) Renewal license at same location: $5
(3) Duplicate of lost, destroyed, or mutilated license: $2
(4) Replacement license issued because of change of name or change
in address due to street renumbering: no fee
(c) Duplicate License. In the event of loss, destruction, or mutilation
of a muffler certification station license, application may be made for a
duplicate license. If the original is found after a duplicate has been issued,
the original license shall be surrendered to the department.
(d) Replacement License. In the event of change of name not involving
change of ownership or address (other than that due to street renumber-
ing), the license shall be returned to the department with application for
a replacement license.
(e) License Term. A muffler certification station license shall expire
one year after the date of issue shown on the license.
§ 604. Displays, Maintenance of Equipment, and Records.
Muffler certification stations shall comply with the following provi-
sions governing display of documents, maintenance of equipment, and
recordkeeping:
(a) Display of Station License. The license of a muffler certification
station shall be prominently displayed under glazing material in the cus-
tomer area of the station.
(b) Display of Station Sign. Each muffler certification station, except
a fleet owner station that certifies only its own vehicles, shall display a
muffler station sign meeting the specifications in Section 606 of this title.
The sign shall be displayed where it is clearly visible from outside the sta-
tion.
(c) Posting of Prices. Each muffler certification station, except a fleet
owner station that certifies only its own vehicles, shall post conspicuous-
ly in the customer area the prices for issuing exhaust certifications and
for clearing enforcement documents.
(d) Care of Equipment. All adjusting, servicing, and testing equipment
shall be maintained in good condition, and instruments and equipment
requiring calibration shall be kept in calibration or adjustment in accor-
dance with the instructions and recommendations of the manufacturer.
History
1 . Repealer of subsection (e) filed 6-16-77; designated effective 7-1 5-77 (Regis-
ter 77, No. 25).
§ 605. Issuance, Cancelation, or Surrender of License.
The issuance, cancelation, or surrender of any license for a muffler
certification station is subject to the following provisions:
(a) Denial, Suspension, or Revocation of License. The department
may refuse to issue a license to any applicant or may suspend or revoke
any license issued to a muffler certification station in accordance with
Vehicle Code Sections 2540 through 2549.
(b) Surrender of License. A muffler certification station that no longer
has trained personnel in its employ shall immediately cease to operate as
a licensed station, shall remove or cover the muffler certification station
sign, and unless it employs trained personnel within 60 days, shall surren-
der the station license to the department.
(c) Return of Forms. When a station license is surrendered, suspended,
or revoked, all forms, bulletins, and supplies issued by the department
shall be returned to the department, and the muffler certification station
sign shall be removed from display.
Page 37
Register 91, No. 15; 4-12-91
§606
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
§ 606. Muffler Certification Station Signs.
Signs for muffler certification stations, other than fleet owner stations
certifying only their own vehicles, shall meet the following specifica-
tions:
(a) Dimensions. Signs shall have the dimensions shown in Figure 1.
\- ' 20 IN. (508 MM)
24 IN. (610 MM)
BORDER - 3/4 IN. (19 MM)
4 IN. (102 MM)
_JLJL
Figure 1. Dimensions for Signs for Muffler Certification Stations
(b) Color. Signs shall be bordered and lettered in light chrome yellow. (c) Lettering. Lettering on the signs shall have the dimensions shown
The background shall be royal blue. in Figure 2.
Page 38
Register 91, No. 15; 4-12-91
Title 13
Department of the California Highway Patrol
§608
<P
S?
&
^
rf
MUFFLER
CERTIFICATION
STATION
2 1/2 IN. (64 MM)
1 1/4 IN. (32 MM)
J
8 1/4 IN. (210 MM)
Figure 2. Dimensions for Sign Letters
§ 607. Classes of Muffler Certification Stations.
Muffler certification stations shall be licensed only for the vehicle
category specified on the application in accordance with the classes fol-
lowing. Stations shall be licensed to certify systems on the basis of certi-
fied parts. A station may, in addition, be licensed to certify on the basis
of sound level readings made by the station.
(a) Passenger Car Stations. Passenger car stations shall certify exhaust
systems for all motor vehicles, other than motorcycles and motordriven
cycles, with a gross vehicle weight rating of less than 6,000 lb (2,722 kg).
(b) Motorcycle Stations. Motorcycle stations shall certify exhaust sys-
tems for all motorcycles and motor-driven cycles (when exhaust system
regulations are established for these vehicles).
(c) Truck Stations. Truck stations shall certify exhaust systems for all
motor vehicles with a gross vehicle weight rating of 6,000 lb (2,722 kg)
or more (when exhaust system regulations are established for these ve-
hicles).
§ 608. Station Operation.
The operation of licensed muffler certification stations shall be subject
to the following provisions:
(a) Tools and Instruments. Each station, in accordance with its classifi-
cation, shall be equipped with the tools to test, inspect, and replace the
exhaust system parts on vehicles regularly serviced by it. Stations that is-
sue certificates on the basis of sound level readings shall be equipped
with the sound measurement instrumentation specified in Section 1032
of this title. Stations not so equipped shall issue certificates only for sys-
tems or parts certified by the manufacturer of the system and installed by
the station.
(b) Maintenance of Publications. Each station shall maintain readily
accessible and current copies of the following publications:
(1) Muffler certification publications furnished by the department to
licensed stations.
(2) Instrument manufacturer's instruction manual and calibration pro-
cedure, if the station uses a sound level meter.
(3) Publications, documents, or other means of assuring that an install-
er can identify the exhaust system part to be installed and determine the
make and model of vehicle or engine for which the part is certified. Such
publications may include manufacturers' catalogs, certification docu-
ments from manufacturers, or other means which meet this requirement.
(c) Purchase of Exhaust System Certificates. Licensed stations shall
purchase exhaust system certificates only from the department in books
of 50 at a cost of $.25 per certificate and shall not sell or otherwise transfer
unused certificates.
(d) Inspection of Exhaust System. A licensed muffler station, before
issuing an exhaust certificate, shall inspect the installed system to deter-
mine that it is assembled from parts certified for the particular make and
model of vehicle. If the parts cannot be identified, or if uncertified parts
are on the vehicle, a station licensed to use a sound level meter shall make
sound level tests to determine compliance with the exhaust noise li mit for
the vehicle. When the original engine has been replaced by a different
size engine, the certificate may be issued if the exhaust system is certified
for use on any one of the vehicle models in which the engine was original-
ly installed, or if the exhaust system complies with the sound level test
limit.
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§610
BARCLAYS CALIFORNIA CODE OF REGULATIONS
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(e) Issuance of Exhaust System Certificates. Licensed stations shall,
upon request of the vehicle owner or operator, issue an exhaust system
certificate when the exhaust system complies with the pertinent require-
ments of this title and is not significantly louder than the original muffler
for that make and model of vehicle. An exhaust system shall be consid-
ered significantly louder than the original when it is obvious to a person
with normal hearing that the system produces noise that stands out above
that of most vehicles of the same make and model operated on the high-
way.
(1) The certificate shall be signed by the owner or employee who per-
formed or supervised the work and who is knowledgeable of the exhaust
system certification laws and regulations and proficient in determining
compliance.
(2) The certificate shall show the manufacturer's or supplier's name
and the part number of the components for which the certificate is issued.
(f) Clearance of Enforcement Document. After exhaust system defects
stated in an enforcement document are corrected and the system is
brought into compliance with the exhaust system laws and regulations,
either the person specified in preceding subsection (e) or a peace officer
may sign the document and certify that the exhaust system complies.
(1) Documents cleared by licensed stations shall contain the signature
of the owner or employee who performed or supervised the work, the sta-
tion's license number, and the date of correction, with all such entries
made in ink.
(2) Failure of the owner or operator of the vehicle to authorize addi-
tional suggested repairs shall not be cause for the station to defer certifi-
cation of correction of the specific defects listed on the enforcement doc-
ument.
History
1 . Amendment filed 6—16—77; designated effective 7-1 5-77 (Register 77, No. 25).
Article 2.
Exhaust System Sale and
Installation
§610. Scope.
NOTE: Authority cited: Sections 2402 and 27150.2, Vehicle Code. Reference:
Sections 2500-2504, 27150.1, 27150.2 and 27150.5, Vehicle Code.
History
1. New Article 2 (Sections 610-613) filed 3-27-78; designated effective 5-1-78
(Register 78, No. 13).
2. Order of Repeal filed 8-26-82 by OAL pursuant to Government Code Section
11349.7(j) (Register 82, No. 35).
§ 61 1 . Requirements for Certified Systems.
Persons engaged in a business that involves the selling of motor ve-
hicle exhaust systems or parts shall sell, offer for sale, or install only certi-
fied systems or parts on the following year model vehicles after the speci-
fied operative dates:
(a) Passenger Cars and Light Trucks. Systems and parts for motor ve-
hicles (other than motorcycles and motor-driven cycles) of less than
6,000 lb (2,722 kg) gross vehicle weight rating shall comply on and after
the following dates:
Year Model Operative Date
1973 and newer January 1, 1977
1970 and newer July 1, 1977
1968 and newer
1967 and older
January I, 1978
January 1, 1979
(b) Motorcycles. (This subsection is reserved until exhaust system reg-
ulations are adopted for motorcycles.)
(c) Heavy Trucks. (This subsection is reserved until exhaust system
regulations are adopted for trucks with a gross vehicle weight rating of
(6,000 lb [2,722 kg] or more.)
§612. Sale.
No person engaged in a business that involves the selling of exhaust
systems or parts shall sell or offer for sale an exhaust system or part that
has not been certified by the exhaust system manufacturer or supplier in
accordance with Article ll of this title, beginning with Section 1050.
This provision applies only to such systems or parts to be used on ve-
hicles specified in Section 611.
(a) Identification Markings. All sound-modifying exhaust system
parts, such as mufflers, resonators, chambered pipes. Hare tips, and taper
tips, sold or offered for sale after the operative dates in Section 61 J shall
be marked as required in Section 1054 of this title.
(b) Parts Not Required to Be Marked or Certified. Catalytic conver-
ters, manifolds, and nonchambered exhaust, tail pipes and tail pipe exten-
sions that do not increase the noise may be sold or installed by any person
without being marked or separately certified.
§613. Installation.
Except as provided in the following subsections (a) and (b), no person
engaged in a business that involves the selling of motor vehicle exhaust
systems or parts shall sell or install on a vehicle specified in Section 61 1
an exhaust system or part that has not been certified for that make and
model vehicle under Article 1 1 of this title, beginning with Section 1050.
The installer shall ensure that the total exhaust noise is not significantly
louder than that emitted by the exhaust system originally installed by the
manufacturer on the vehicle. An exhaust system shall be considered sig-
nificantly louder than the original when it is obvious to a person with nor-
mal hearing that the system produces noise that stands out above that of
most vehicles of the same make and model operated on the highway.
(a) Installation on Vehicles for Which System Is Not Certified. A li-
censed muffler certification station having sound measuring equipment
may install a certified system or part on a vehicle required to have a certi-
fied replacement system even though that system or part has not been cer-
tified for the particular make and model vehicle by the manufacturer,
supplier, or seller. Such installation may be made only when the licensed
station measures the sound level of the exhaust system and issues a certif-
icate in accordance with the licensed station requirements in Article 1 of
this title, beginning with Section 600.
(b) Installation on Vehicles Not Requiring Certified Replacement Sys-
tems. Any person may sell or install any certified systems or parts or un-
certified systems or parts on vehicles not required by Section 61 1 of this
title to have certified systems. Such installations shall include an ade-
quate muffler, as required by Vehicle Code Section 27150, and shall not
be a modification that increases the exhaust noise emitted by the vehicle
as prohibited by Vehicle Code Section 27151.
Article 3. Fleet Owner Inspection and
Maintenance Stations
§615. Scope.
This article shall apply to licenses enabling fleet owners to:
(a) Operate inspection and maintenance stations to certify their ve-
hicles in compliance with applicable provisions of:
(1) This title
(2) The Vehicle Code
(3) U.S. Department of Transportation regulations if the vehicles are
engaged in interstate commerce.
(b) Display official stickers on their vehicles as evidence of certifica-
tion.
NOTE: Authority cited: Sections 2402, 2402.5, 2525.2, 2525.8, 2807, 2807.1,
2807.2, 2808, 31401, 31540, 34501, 34501.5, 34508, Vehicle Code and Section
39831, Education Code. Reference: Sections 2501, 2525, 2525.2, 2525.4, 2525.6,
2525.8, 2525.12, 2807, 2807.1, 2807.2, 2808, 31401, 31403, 31540, 34501,
34501.5, 34508, Vehicle Code and Section 39831, Education Code.
History
1. New Article 3 (Sections 615-619.1) filed 8-14-78; designated effective
9-18-78 (Register 78, No. 33).
§615.1. Definitions.
The following definitions shall apply for the purposes of this article:
(a) Fleet Owner. "Fleet owner" is a person who owns three or more ve-
hicles of any type specified in Section 34500 of the Vehicle Code, who
Page 40
Register 91, No. 15; 4-12-91
Title 13
Department of the California Highway Patrol
§619
is engaged in the transportation of persons or property, and who has his
vehicles registered in California.
(b) Vehicle. A "vehicle" is one of a fleet of vehicles registered in Cali-
fornia by a fleet owner.
(c) Fleet Owner Inspection and Maintenance Station. A "fleet owner
inspection and maintenance station" is a facility located in California, op-
erated by a fleet owner and licensed by the department to certify, in accor-
dance with following subsection (d), that the vehicles inspected and
maintained on its premises comply with all applicable requirements.
(d) Sticker. A "sticker" is a distinctive label issued by the department
to fleet owners, who may affix it to a station-inspected vehicle to attest
that the vehicle is regularly maintained in compliance with all applicable
laws and regulations.
(e) Superintendent of Maintenance. A "superintendent of mainte-
nance" is a regularly employed station supervisor of experience and dem-
onstrated ability who is responsible for the inspection and maintenance
of a fleet owner's vehicles. In his absence, the next ranking employee, if
a journeyman truck mechanic, may assume the duties and responsibili-
ties assigned by this article to the regular superintendent.
(f) Journeyman Truck Mechanic. A "journeyman truck mechanic" is
an automotive mechanic who has completed an apprenticeship program
approved by the Administration of Apprenticeship, Division of Appren-
ticeship Standards, California Department of Industrial Relations, or can
attest to having equivalent work experience.
NOTE: Authority cited: Sections 2525.2 and 2525.8, Vehicle Code. Reference:
Sections 2525-2525.12, Vehicle Code.
History
1. Amendment of subsection (c) filed 11-24-80; designated effective 1-1-81
(Register 80, No. 48).
§ 616. Qualifications for License.
Each fleet owner inspection and maintenance station shall be equipped
to inspect, service, and repair vehicles and related components and
equipment as required by laws and regulations related to the safe opera-
tion of such vehicles.
(a) Code Publications. Each station shall maintain readily accessible
to the superintendent of maintenance at least one current copy of the Cali-
fornia Vehicle Code; Chapter 2, Title 13, California Administrative
Code; and if the fleet is engaged in interstate transportation, Title 49,
Chapter 3, Parts 390 through 397 of the Code of Federal Regulations.
(b) Handbooks and Bulletins. Each station shall maintain in current
status and available to the superintendent of maintenance all appropriate
publications issued by the department and by manufacturers, including
handbooks, bulletins, manuals, and instructions related to safe condition
of vehicles, vehicle components, and auxiliary equipment.
(c) Personnel. At least one full-time journeyman truck mechanic, as
defined in Section 615.1(f) of this title, shall be regularly employed in
each station.
(d) Inspection and Maintenance Program. Systematic inspection and
maintenance of vehicles, and records of such inspection and mainte-
nance, shall comply with the provisions of applicable parts of Sections
1232 and 1234 of this title and, if vehicles are engaged in interstate trans-
portation, the requirements of the United States Department of Transpor-
tation.
§ 61 7. Procedures for Licensing.
Fleet owner inspection and maintenance station licenses shall be is-
sued in accordance with the following procedures:
(a) Qualified Applicant. Station licenses shall be issued only to a fleet
owner, as defined in Section 615.1 of this title, and a separate license is
required for each station.
(b) Application Forms and Fee. Fleet owners shall request station li-
censes on application forms furnished by the department. Each applica-
tion shall be accompanied by the appropriate fee. Licenses must be re-
newed annually.
(c) Initial License or Change of Ownership — $10 Fee. Licenses will
be issued only for stations that meet all the qualifications prescribed in
this article. "Change of ownership" means any change in legal ownership
of the licensed business, including addition or deletion of a partner, trans-
fer of ownership between members of a family, or disposal of one busi-
ness in favor of a similar business at a different location.
(d) Renewal of License — $5 Fee. Application for annual renewal shall
be made in accordance with the provisions of Sections 2501 and 2502 of
the Vehicle Code.
(e) Duplicate License — $2 Fee. If a station license is lost, destroyed,
or mutilated, application may be made for a duplicate.
(0 Replacement License — No Charge. In the event of a change of ad-
dress, the license shall be returned to the department with an application
for a replacement. "Change of address" means any relocation of a li-
censed business not involving a change of ownership, and any change in
the mailing address, including street renumbering.
NOTE: Authority cited: Section 2525.2, Vehicle Code. Reference: Sections
2525-2525.12, Vehicle Code.
History
1. Amendment of subsection (a) filed 11-24-80; designated effective 1-1-81
(Register 80, No. 48).
§ 618. Issuance, Cancellation, or Surrender of License.
The issuance, cancellation, or surrender of a fleet inspection and main-
tenance station license is subject to the following provisions:
(a) Denial, Suspension, or Revocation. The department may refuse to
issue a station license to an applicant or may suspend or revoke a license
in accordance with the provisions of Sections 2540 through 2548 of the
Vehicle Code.
(b) Surrender of License. A station license shall be surrendered under
the following conditions:
(1) A station that does not have a journeyman truck mechanic in its
employ shall immediately cease to operate as an official station, and un-
less it employs a journeyman truck mechanic within 60 days, shall sur-
render the official station license to the department.
(2) Surrender of a license shall not deprive the department of jurisdic-
tion from carrying out investigative or disciplinary proceedings against
the licensee or rendering a decision suspending or revoking such license.
(c) Return of Forms. All forms, stickers, and supplies issued by the de-
partment shall be returned to the department when the official station li-
cense is surrendered, suspended, or revoked, oris allowed to expire. The
purchase price of the stickers is not refundable.
NOTE: Authority cited: Section 2525.2, Vehicle Code. Reference: Sections
2525-2525.12 and 2540-2548, Vehicle Code.
History
1. Amendment of subsection (b) filed 11-24-80; designated effective 1-1-81
(Register 80, No. 48).
§ 619. Station Operation.
Operation of a fleet inspection and maintenance station shall be sub-
ject to the following requirements:
(a) Geographic Location. A fleet owner is required to obtain a separate
license for each station he operates.
(b) Display of Station License. An official station license shall be
placed under glass or other transparent cover prominently displayed in
the station.
(c) Care of equipment. All adjusting, servicing, and testing equipment
necessary to the safe operation of a vehicle shall be maintained in good
condition and shall be kept in calibration or adjustment in accordance
with manufacturer's instructions and recommendations.
(d) Clearance of Enforcement Documents. The superintendent of
maintenance shall ensure that vehicle equipment and component defects
indicated on an enforcement document are corrected, and shall certify on
the document that the fleet owner's vehicle is clear of such violations.
Certification shall include date of correction, station license number, and
authorized signature.
(e) Vehicle Inspection Stickers. The acquisition and use of stickers by
fleet owners shall be in accordance with the following:
(1) Stickers shall be purchased from the Department of the California
Highway Patrol, Accounting Section, either by mail addressed to Post
Office Box 942898, Sacramento, CA 94298-0001, or in person at 2555
First Avenue, Sacramento. Stickers cost 25 cents each. Payment in full
is required at the time of purchase, and no portion is refundable.
Page 41
Register 2008, No. 6; 2-8-2008
§ 619.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(2) A licensed station shall not use, sell, transfer, or otherwise dispose
of stickers except as permitted by this article, and reasonable security
shall be instituted to prevent theft or misuse of stickers.
(3) At the direction of the superintendent of maintenance, stickers may
be affixed only to vehicles belonging to the fleet of the owner and com-
plying with all applicable equipment provisions of the California Vehicle
Code; the California Code of Regulations; and if engaged in interstate
transportation, Title 49, chapter 1 , parts 390 through 397, Code of Feder-
al Regulations.
(4) The month and year of affixing a sticker to a vehicle shall be shown
by removing more than half of that month and year on the sticker. (See
Figure 1.) A sticker is valid for one year following the earliest month and
year deleted from the sticker.
86 87 88 89 90
Figure 1
(5) Stickers shall be affixed to vehicles only if brakes, components,
and other mechanical equipment related to safe operation are in good
working order.
(6) On motor vehicles, stickers shall be displayed in a 7-inch square
in the right lower corner of the windshield farthest removed from the
driver or on the right door as near as practical to the leading edge of the
door immediately below the window.
(7) On trailing units (dollies excepted), stickers shall be applied on the
right side near the front, where they will be plainly visible and protected
from scuffing.
(8) On dollies, stickers shall be applied to the right side and center of
the drawbar or other comparable location.
(9) On subsequent inspection of a vehicle the superseded sticker shall
be removed or shall be covered by the new sticker.
(10) Each fleet station shall maintain a current register showing in se-
quential order the serial number of each sticker issued to it, month and
year of affixing the sticker to a vehicle, and make, type, and license num-
ber of the vehicle.
(f) Disposal of Invalidated Inspection Stickers. Disposal of vehicle in-
spection stickers, which for any reason are no longer valid or current shall
be subject to the following provisions:
(1) A sticker shall be removed from or otherwise obliterated on any ve-
hicle that no longer constitutes a part of the fleet inspected and main-
tained at an official station.
(2) Unused stickers that are no longer current shall be destroyed and
deleted from the sticker register; and the date and method of destruction
shall be noted in the register.
NOTE: Authority cited: Sections 2525.2 and 2525.8, Vehicle Code. Reference:
Sections 2525-2525.12, Vehicle Code.
History
1. Change without regulatory effect of subsection (e)(1) (Register 86, No. 48).
2. Change without regulatory effect of subsection (e)(3) filed 2-8-88; operative
3-9-88 (Register 88, No. 7).
3. Change without regulatory effect of Figure 1 pursuant to section 100, Title 1,
California Code of Regulations filed 5-2-90; operative 5-2-90 (Register 90,
No. 23).
4. Editorial correction of printing error (Register 91, No. 17).
5. Editorial correction of printing error (Register 91 , No. 25).
§ 619.1. Inspection by Department.
Fleet owners shall permit authorized representatives of the department
reasonable opportunity to enter their vehicle inspection and maintenance
stations to inspect facilities, vehicles, and pertinent records and to deter-
mine compliance with these regulations.
NOTE: Authority cited: Section 2525.2, Vehicle Code. Reference: Sections
2525-2525.12, Vehicle Code.
History
1 . Amendment filed 1 1 -24-80; designated effective 1-1-81 (Register 80, No. 48).
Chapter 2. Lighting Equipment
Article 1.
Lighting Equipment Subject to
Regulation
§ 620. Scope of Subchapter.
This subchapter applies to vehicle lighting equipment defined in Ve-
hicle Code Section 375 and subject to requirements established by the de-
partment under Vehicle Code Section 26103.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 21201,
21201.5, 24006, 24012, 24411, 24603, 24607, 25102.5, 25106, 25252.5, 26103,
and 26104, Vehicle Code.
History
1. Repealer of former Subchapter 2 (Sections 620-828) and new Subchapter 2
(Sections 620-818) filed 5-29-80; designated effective 7-1-80 (Register 80,
No. 22). For prior history, see Registers 67, No. 49; 68, Nos. 24 and 26; 69, Nos.
3, 16, 19, 27; 70, No. 27; 71, No. 12; 71, No. 49; 72, Nos. 15, 25, 33; 73, Nos.
22 and 47; 75, No. 42; 76, Nos. 42 and 48; 77, No. 8; and 78, No. 16.
§ 621. Federally Regulated Equipment.
Lighting equipment for which the department is authorized to estab-
lish requirements and for which there is a mandatory Federal Motor Ve-
hicle Safety Standard (FMVSS) or Federal Consumer Product Safety
Commission Regulation (CPSC) shall comply with the requirements in
that standard or regulation. This provision applies not only to federally
required original equipment devices and their replacements but also to
additional devices of the same type that are not required by those stan-
dards but are regulated by the Vehicle Code. Such equipment shall be ex-
empt from the requirements of this subchapter except for Section 625 of
this Article and all of Articles 6 and 7. This provision applies to the fol-
lowing items:
Type of Equipment CPSC No.
Bicycle reflectors, reflectorized
pedals and reflectorized tires Part 1512
Clearance lamps
Emergency reflex reflectors
Hazard warning flashers
Hazard warning switches
Headlamps
License plate lamps
Reflex reflectors
School bus warning lamp systems
Semiautomatic headlamp beam switching devices . . .
Sidemarker lamps
Stop lamps
Taillamps
Turn signal flashers
Turn signal lamps
FMVSS No.
108
125
108
108
108
108
108
108
108
108
108
108
108
108
Page 42
Register 2008, No. 6; 2-8-2008
Title 13
Department of the California Highway Patrol
§632
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 21 201,
21201.5, 24006. 24012, 2441 1, 24603, 24607, 25102.5, 25106, 25252.5, 26103,
and 26104, Vehicle Code.
History
1 . Amendment of first paragraph filed 2-8-2008; operative 3-9-2008 (Register
2008, No. 6).
§ 622. Equipment for Which There Is No Federal
Regulation.
Lighting equipment for which the department is authorized to estab-
lish requirements and for which there is no federal standard or regulation
shall comply with the requirements in this subchapter. This provision ap-
plies to the following equipment:
Type of Equipment Article
Cornering lamps 10
Deceleration signal systems 11
Driving lamps 9
Fog lamps 9
Fog taillamps 12
Passing lamps 9
Reflex reflectors on front of vehicle 14
Replacement lenses 15
Reserve lighting and outage indicating systems 16
Running lamps 17
School bus sidelamps 18
School bus strobe lamp 23
Side turn signal lamps 19
Supplemental stop and turn signal lamps 19
Warning lamp flashers 21
Warning lamps 22
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24006,
24012, 2441 1, 24603, 24607, 25102.5, 25106, 25257.7, 26103 and 26104, Vehicle
Code.
History
1. Amendment filed 6-7-85; effective thirtieth day thereafter (Register 85. No.
23).
2. Amendment filed 3-8-91; operative 4-7-91 (Register 91, No. 15).
§ 623. Definitions.
The following definitions shall apply whenever the terms are used in
this subchapter:
(a) An "aftermarket lighting device" is an item that is sold or offered
for sale for use on any vehicle and includes devices of which some of the
production is original equipment on specific models.
(b) "CHP" or "department" means the Department of the California
Highway Patrol.
(c) An "original equipment lighting device" is an item that is factory
installed on new vehicles and includes identical devices sold or offered
for sale solely as replacements for the originals.
(d) A "sealed optical unit" is a lighting unit with the lens and reflector
assembly permanently sealed to prevent the entrance of gas and moisture
into the unit.
(e) A "semisealed optical unit" is a lighting unit with a replaceable
bulb and with the lens permanently sealed to the reflector.
NOTE: Authority and reference cited: Section 26103, Vehicle Code.
§ 624. Referenced Publications.
(a) Consumer Product Safety Commission regulations for bicycle re-
flex reflectors, reflectorized pedals, and reflectorized tires may be ob-
tained at the following address: Consumer Product Safety Commission,
Washington, D.C. 20207.
(b) A complete set of the Federal Motor Vehicle Safety Standards may
be purchased at the following address: U.S. Government Printing Office,
Washington, D.C. 20402.
Individual Federal Motor Vehicle Safety Standards may be obtained
at the following address: National Highway Traffic Safety Administra-
tion, General Services Division, Room 5111C, Nassif Building, Wash-
ington, D.C. 20591.
(c) The Society of Automotive Engineers Handbook, Supplement 34,
"Lighting Equipment and Photometric Tests." may be purchased at the
following address: Society of Automotive Engineers, Inc., 400 Com-
monwealth Avenue, Warrendale, PA 15096.
NOTE: Authority and reference cited: Section 26103, Vehicle Code.
§ 625. Test Data.
Test data referred to in Vehicle Code Section 26104 for equipment
subject to regulations established by the department under Vehicle Code
Section 26103 shall include the following information:
(a) The date of the test report.
(b) The date tests were conducted.
(c) The standard or regulation with which the device complies.
(d) A description of the device.
(e) The type of material used for each major component.
(f) Data for plastic material used in optical parts.
(g) Where reflex sheeting is used, the sheeting manufacturer's desig-
nation for the particular material used in the device.
(h) The bulb socket dimensions or a statement that the socket meets
maximum and minimum bulb support gage requirements.
(i) Trade number and quantity of bulbs used.
(j) The voltage and current at which laboratory standard bulbs were
operated to obtain rated mean spherical candlepower.
(k) A list of the marks of identification, including size, location, and
method of marking.
(/) Photographs or halftone prints of the assembled and disassembled
device.
(m) The actual results obtained for each test or measurement required
by this title or by applicable sections of Federal Motor Vehicle Safety
Standards, Federal Consumer Product Safety Commission regulations,
and their referenced specifications. Words such as "complies," "passed,"
"less than," or "more than" are not acceptable where minimum or maxi-
mum requirements are specified in measurable units, except for detailed
dimensional checks of sealed lighting units and housings for such units
checked by go-no-go gages.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 26103
and 26104, Vehicle Code.
Article 2. Identification Markings
§ 630. Permanent Markings.
Each lens and housing shall be permanently and legibly marked with
the manufacturer's or vendor's name, initials or lettered trademark, the
model designation, and other specified markings. Lens markings need
not be the same as housing markings. Markings shall be imprinted on a
permanently attached nameplate, die-stamped, or molded in the loca-
tions specified in this title. In lieu of other methods of marking, gaseous
discharge bulbs, flashers, and the backs of sealed optical units may be
marked with indelible ink.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24006
and 26103, Vehicle Code.
§ 631 . Size of Markings.
Required markings and at least one letter of a lettered trademark shall
be not less than 3.0 mm (0.1 2 in.) in height. Raised molded markings not
less than 2.0 mm (0.08 in.) in height may be used on lenses with an area
of less than 13 cm2 (2 in.2) or on housings with a projected area less than
25 cm2 (4 in.2). Indelible ink markings not less than 2.0 mm (0.08 in.) in
height may be used on bulbs with a base diameter of less than 10.0 mm
(0.40 in.).
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24006
and 26103, Vehicle Code.
§ 632. Model Designation Markings.
All devices shall be marked with a model designation which differenti-
ates one model from another unless they are identical except for right—
and left-hand mounting, housing finish or material, number and type of
bulbs or functions, or number of wiring connections to a switch. Warning
lamps of the lightbar type, which are of the same design and construction
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except for number and type of warning lamp or siren functions, may have
the same model number provided they also have a permanently marked
serial number either unique to each unit or coded to indicate the particular
functions.
§ 633. Lens Markings.
Markings on the exterior lenses of lamps and reflex reflective devices
and photoelectric detectors and on exterior filters or transparent covers
shall be visible from the outside when the device is installed. When re-
moval of the lens from the housing would destroy the device, either the
housing or the lens may be marked if the markings differ from those pre-
viously used on any similar device.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24006
and 26103, Vehicle Code.
§ 634. Sealed Optical Unit Markings.
Sealed and semisealed optical units shall be marked on the lens with
the manufacturer's name, initials, or lettered trademark and model num-
ber. Such units for driving lamps, fog lamps, and passing lamps may have
the model number marked on the lens, or indelibly inked or permanently
molded on the back of the unit. The model designation of a sealed warn-
ing lamp optical unit not covered by a lens or filter shall be indelibly im-
printed or molded on the lens so as to be visible and legible when the de-
vice is installed.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24006
and 26103, Vehicle Code.
§ 635. Aftermarket Housing Markings.
Markings on the housing of an aftermarket lamp or reflective device
shall be externally marked on the shell or other fixed part of the housing
or shall be readily visible through the lens. Required markings may be
placed on the door, grommet, bezel, or ornamental ring provided such
part is so shaped or indexed to preclude its being installed on a housing
of a different make or model. When removal of the lens from the housing
would destroy the device, the housing is not required to be marked if the
lens markings differ from those on any previously manufactured lens.
External housing markings are not required on lamps which are packaged
for sale in a disassembled condition and are marked so that the housing
markings are visible when the lamp is installed on a vehicle and the lens
is removed. Housings of separate control or power supply units (such as
for reserve lighting and outage indicators or gaseous discharge warning
lamps) shall be marked so as to be visible when the unit is installed on
a vehicle.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24006
and 26103, Vehicle Code.
§ 636. Original Equipment Housing Markings.
Markings on the housing of an original equipment lamp or reflex re-
flective device which is factory installed on a specific motor vehicle
model shall be visible when the lens is disassembled from the housing or
the device is disassembled from the vehicle. Markings on original equip-
ment housings or mounting rings for a sealed optical unit shall be visible
when the unit and ornamental trim are removed. When removal of the
lens from the housing would destroy the device, the housing is not re-
quired to be marked. Housings of separate control or power supply units
(such as for reserve lighting and outage indicators or gaseous discharge
warning lamps) shall be marked so as to be visible when the unit is in-
stalled on a vehicle.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24006
and 26103, Vehicle Code.
§ 637. Orientation Markings.
Aftermarket lamps and reflex reflectors shall be marked with the word
"top" on both the exterior and interior of the housing to designate the
proper mounting position, except as noted in the following subsections.
The markings on the interior of the housing shall be die-stamped or
molded and shall be located so as to be visible when the lens is removed.
(a) Rotated Devices. "Top" is not required on a device which meets the
test requirements when it is rotated about its axis 90 and 180 deg.
(b) Housing. "Top" is not required on the housing if the lens is indexed
in the housing in only one position and the word "top" is die-stamped or
molded on the lens so as to be visible when the device is installed. "Top"
is not required on the exterior of the housing when the interior is so
marked and the lens must be removed to install the lamp on a vehicle.
(c) Sealed or Semisealed Optical Unit. "Top" is not required on the
housing for any sealed or semisealed optical unit if the lens markings on
the unit are right side up when the unit is in its design mounting position.
(d) Interior and Exterior. "Top" is not required on the interior of the
housing if the exterior "top" marking is visible when the device is in-
stalled, nor on the exterior of the housing if the interior "top" marking is
visible through the lens when the device is installed.
(e) Location. "Top" is not required at the top of the device if the word
is inscribed elsewhere with an arrow pointing from "top" to the proper
mounting position.
NOTE: Authority cited: Section 261 03, Vehicle Code. Reference: Sections 24006,
24012, and 26103, Vehicle Code.
Article 3. Construction Requirements
§ 640. Lamp Construction.
Gaskets shall be constructed of durable material which will retain its
shape and resiliency. Electrical wiring shall be protected from abrasion
and sharp edges.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
§641. Optic Indexing.
Lenses, interior reflectors, removable sockets, double-filament bulbs,
and sealed and semisealed optical units shall be indexed into adjacent
components to prevent rotation and misinstallation. Housings for sealed
and semisealed optical units designed for mounting in either of two posi-
tions rotated 180 deg apart (such as fog lamps above or below a bumper)
shall be indexed so the optical units are in their design position when the
housing is mounted in either of the two positions. Indexing is not required
for lenses that are symmetrical about the H-V axis.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
§ 642. Bulbs.
Sealed optical units and bulbs shall meet the requirements appropriate
to the type of unit or bulb in SAE J573g, December 1976; SAE J571d,
June 1976; SAE J572a, January 1972; or SAE J760a, December 1974.
Sealed optical units, semisealed optical units, and bulbs of a type not
listed in these SAE editions may be used provided replacements are
readily available to the user.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
§ 643. Bulb Sockets.
Sockets for bulbs designed to comply with SAE J573g, December
1976, shall comply with SAE J567c, December 1970. Any auxiliary
means employed for bulb retention and positioning in a tension socket
must be of resilient construction.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
§ 644. Translucent Housings.
Lamps with translucent housings shall not emit to the exterior of the
vehicle more than 7.75 mcd/cm2 (50 mcd/in.2) of any color other than
that emitted through the lens. Where the lighted section is large enough
to fill a circle of at least 6.45 cm2 ( 1 .00 in.2) the limit applies to the bright-
est location that completely fills this size circle.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
§ 645. White Light to Rear.
White light which is emitted to the rear of a vehicle from the lens of
any lamp other than a backup lamp shall not exceed 7.75 mcd/cm2 (50
mcd/in.2) measured as described in Section 644.
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§657
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
§ 646. Lens Rotation and Displacement.
Movement of a sealed optical unit in its housing shall not exceed + 5
deg rotation, measured about the axis of the unit from a vertical line pass-
ing through the top of the unit. Lamps with lenses that are not located in
a firmly fixed position in the housing shall comply with the photometric
requirements with the lens in any position to which it can be shifted.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
§ 647. Plastic Materials.
Plastic materials shall meet the following requirements:
(a) Optical Parts. Plastic materials for optical parts of devices shall
comply with SAE J576d, June 1976. Samples shall be tested either in the
thickness specified in SAE J576d or in the minimum, maximum, and one
intermediate thickness of the material as specified by the materials man-
ufacturer.
(b) Dark Filters. Transparent material used for darkening the unlighted
appearance of lamps shall meet the luminous transmittance and trichro-
matic coefficient requirements before and after the outdoor exposure test
when used in conjunction with a colored filter that in combination meets
the color requirements of SAE J578d, September 1978, before the expo-
sure test.
(c) Substitution of Materials. When one of several distinctive types of
plastic materials, such as polymethyl methacrylate, is acceptable under
one manufacturer's designation, another material of the same type may
be substituted under a different manufacturer's designation without a re-
test of the device in which it is used. Plastic materials of different types,
such as butyrate and polymethyl methacrylate, shall not be substituted for
one another unless the device containing such substitution is retested to
meet the warpage and photometric test requirements.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
§ 648. Housing for Optical Units.
Housing for sealed and semisealed optical units shall have mounting
surfaces and retaining rings meeting the following requirements:
(a) Seating Areas. Seating areas on mounting rings or their equivalent
shall be free of any burrs or projections that might cause unit breakage
or improper seating for a distance of at least 32 mm ( 1 .25 in.) on each side
of the center of the locating notch.
(b) Retaining rings or similar devices for holding a unit in a housing
shall provide rigid retention of a unit of minimum design flange thick-
ness.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
Article 4. Photometric Requirements
§ 650. Terminology.
The letters "H" and "V" shown in photometric tables designate the
horizontal and vertical planes through the photometer axis and the center
of the light source of a lamp or the center of a reflex reflector. The letters
"L," "R," "U," and "D" (left, right, up, and down) designate the position
of the photometer as viewed from a lamp or the position of the light
source as viewed from a reflector.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
§ 651 . Test Distance.
The photometer shall be at a distance of 30.5 m ( 1 00 ft) from the center
of the light source or the face of the reflex reflector unless a referenced
standard specifies otherwise.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
§ 652. Color Correction of Photometer.
Photometric tests shall be conducted with equipment corrected to the
standard special luminous efficiency curve and calibrated for the color
of the light being measured.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
§ 653. Bulb Operating Conditions.
Bulbs with a mean spherical candela rating shall be operated at mean
spherical candela for photometric tests. Bulbs and sealed units rated in
watts shall be operated at design voltage for the photometric tests. Lamps
designed for use in both 6-V and 12-V systems shall be tested with 1 2-V
bulbs. Lamps designed for 24-V systems shall be tested with 24-V bulbs.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
History
1. Amendment filed 12-17-81; effective thirtieth day thereafter (Register 81, No.
51.)
§ 654. Out-of-Focus Tests.
Tests of nonsealed or semisealed units for driving and passing lamps
shall be made in each of four out-of-focus filament positions. Where
conventional bulbs with two-pin bayonet bases are used, photometric
tests shall be made with the light source 1.52 mm (0.060 in.) above, be-
low, ahead, and behind the design position. If prefocused or halogen H 1 ,
H2, H3, or H4 bulbs are used, the limiting positions at which tests are
made shall be 0.51 mm (0.020 in.) above, below, ahead and behind the
design position. The lamp may be reaimed for each out-of-focus posi-
tion of the light source. The minimum requirements for the out-of-de-
sign positions shall be 80% of those specified for the design position; the
maximum requirements shall be the same as for the design position.
NOTE: Authority cited: Section 261 03, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
History
1. Amendment filed 6-12-95; operative 7-12-95 (Register 95, No. 24).
§ 655. Candela Requirements.
Candela or candela-second requirements between test points in any
photometric table in this subchapter shall be the lower of the specified
minimums for the two closest adjacent test points on a horizontal or verti-
cal line.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
§ 656. Color Requirements.
In this title, "yellow" has the same meaning as "amber" in the Vehicle
Code. The color of light emitted by lamps and reflectors governed by this
subchapter shall meet SAE J578d, September 1978. The color shall be
the average overall color emitted by lamps operated at design voltage, re-
gardless of light source, and by reflex reflectors illuminated by a
tungsten-filament source operated at a color temperature of 2856 K.
Where the color for a type of device is not mentioned in this subchapter,
the color shall be either white, yellow, white to yellow, red, or blue as spe-
cified in the Vehicle Code for that type of device. Where blue is specified,
it shall be within the limits for signal blue in Section 2.5.2 of SAE J578d.
Colors specified for pilot indicators need not be within these limits.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
§ 657. Mounting of Devices for Photometric Tests.
Original equipment devices with nonadjustable housings shall be
mounted for the photometric test at the same angles at which they are
mounted on the vehicle. Aftermarket devices with nonadjustable hous-
ings shall be mounted with the base on a horizontal or vertical surface,
whichever is appropriate, unless different mounting instructions are in-
cluded with each device offered for sale.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
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Article 5. Mechanical Test Requirements
§ 660. Applicability.
Devices shall comply with the following mechanical tests where so
specified for a particular type of device.
NOTE: Aulhority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
§ 661 . Aiming Adjustment Test.
Housings for sealed and semisealed optical units, and complete assem-
blies for roadlighting equipment, such as driving, fog, and passing lamps,
shall comply with the following aiming adjustment requirements:
(a) Adjustment Range. The range of adjustment from the specified aim
for the lamp shall be at least + 4 deg in both the vertical and horizontal
directions. Fog lamps designed as original equipment for a specific ve-
hicle model need have the specified range of adjustment in the vertical
direction only.
(b) Aiming Deviation. The vertical aim of lamps with independent
vertical and horizontal aiming adjustment shall not deviate more than a
total of 10 cm (4.0 in.) at a distance of 7.6 m (25 ft) from the lens, when
the horizontal aim is adjusted through an angle of _±4 deg from the cor-
rect aim specified in this title. The same requirement shall apply to devi-
ation of horizontal aim when the vertical aim is adjusted. Original equip-
ment fog lamps with only a vertical aim adjustment shall not exceed the
specified horizontal deviation when the vertical aim is adjusted through
the required angle. This requirement does not apply to ball-and-socket
or equivalent adjusting means.
(c) Self-Locking Device. Self-locking devices which hold aiming
screws in position shall operate satisfactorily for 10 adjustments on each
screw over a thread length of 3.0 mm (0.12 in.) inward to outward from
the correct aim. This requirement does not apply to ball-and-socket or
equivalent adjusting means.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
History
1. Amendment of subsections (a) and (b) filed 12-17-81; effective thirtieth day
thereafter (Register 81 , No. 51 ).
§ 662. Corrosion Test.
The device shall show no evidence of corrosion that would affect the
proper functioning of the device when tested in accordance with Section
4.4 of SAE J575g, September 1977.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
§ 663. Dust Test.
The device shall have no visible inside dust that results in more than
a 10% reduction in maximum intensity with the outer surface cleaned as
compared to the intensity after both the outer and inner surfaces are
cleaned after the device is tested in accordance with Section 4.3 of SAE
J575g, September 1977.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
§ 664. Lens Recession Test.
The lamp body or housing, including the aiming mechanism, when
subjected to an inward force of 222 N (50 lb) directed parallel to the lamp
axis and symmetrically about the center of the lens, shall meet the follow-
ing requirements:
(a) Permanent Recession. The lens or sealed unit shall not permanently
recede by more than 2.5 mm (0.10 in.).
(b) Permanent Aim Deviation. The aim of the lamp shall not perma-
nently deviate by more than 32 mm (1.25 in.) at a distance of 7.6 m (25
ft).
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
§ 665. Moisture Test.
The device shall not accumulate more than 2 cirr of moisture when
tested in accordance with Section 4.2 of SAE J575g, September 1977.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
§ 666. Vibration Test.
The device, when tested in accordance with Section 4. 1 of SAE J575g,
September 1977, shall show no rotation, displacement, cracking, or rup-
ture of parts which would result in failure of the photometric test or any
other test in this article pertaining to the device, nor shall there be any
cracking or rupture of parts affecting the mounting of the device. Failure
of internal components of any bulb or sealed unit used in the device shall
not constitute a failure unless caused by striking parts of the housing. The
device shall be mounted on a stand that represents the method and posi-
tion used for mounting on a vehicle. Instead of the Section 4.1 of SAE
J575g, September 1977 test, devices may be tested in accordance with
Section 4.1 of SAE J575f, April 1975.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
History
1 . Amendment filed 12-1 7-81 ; effective thirtieth day thereafter (Register 8 1, No.
51.)
§ 667. Warpage Test.
Lighting equipment with plastic lenses, reflectors or housings shall be
subjected to warpage tests on separate samples as follows:
(a) Devices with a light source shall be mounted in normal operating
position and operated at rated voltage in a circulating air cabinet for 1 h
at 49 ± 2.8 C (120 ± 5 F). Each device shall be operated during the test
in the same manner as it will be operated in service. A cornering lap func-
tion shall be cycled 3 min on and 12 min off throughout the test.
(b) Reflex reflectors without alight source shall be mounted in normal
position in a circulating air cabinet for 2 h at 74 + 0, - 2.8° C (165 + 0,
- 5° F).
(c) At the conclusion of each test, there shall be no evidence of lens,
reflector, or housing warpage that would affect the proper functioning of
the device.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012,
and 26103, Vehicle Code.
§ 670. Scope.
This article applies to the aim of lighting equipment for which the aim
is not specified in the Vehicle Code.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
§ 671. General Lighting Equipment.
Lighting equipment other than that specified in the following sections
of this article shall be aimed so the center of the beam produced by the
major filament is parallel to the road and projects directly to the front,
side, or rear, depending on mounting location. Adjustable warning lamps
in movable spotlamp type housings shall be aimed in the direction se-
lected by the vehicle driver to provide adequate warning to other traffic.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
§ 672. Aimable Roadlighting Devices.
Roadlighting devices with aiming adjustment features shall, when
equipped with aiming pads and aimed mechanically, be set at 0-0 with
a mechanical aimer meeting SAE J602c, December 1974. Roadlighting
devices visually aimed, shall be aimed as specified in the following sec-
tions of this article on a vertical aiming screen at a distance of 7.6 m (25
ft) from the front of the lens surface or with an optical aimer meeting SAE
J600a, March 1965, with the aiming line on the screen adjusted to the lev-
el of the surface upon which the vehicle stands. The lamps shall be aimed
with only the driver in the vehicle, except that lamps on vehicles which
normally carry a load should be aimed with the vehicle so loaded. En-
forcement agencies that inspect vehicles may establish aiming tolerances
to allow for variations in inspection procedures and in vehicle loading.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 2103, Vehicle Code.
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§688
§ 673. Cornering Lamps.
Cornering lamps with means for adjusting the aim shall be aimed hori-
zontally so the center of the high intensity portion of the beam is within
40 to 50 deg from the longitudinal axis of the vehicle toward the front.
The vertical aim shall be with the center of the high intensity zone 25 to
35 cm (10 to 14 in.) below the level of the lamp center. Cornering lamps
without aiming mechanisms shall be mounted in a fixed position on the
vehicle in accordance with the manufacturer's instructions.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
§ 674. Driving Lamps.
Driving lamps shall be aimed with the center of the high intensity zone
on a vertical line straight ahead of the lamp center and 5 cm (2 in.) below
the level of the lamp center.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
§ 675. Fog Lamps.
Fog lamps shall be aimed with the center of the high intensity zone on
a vertical line straight ahead of the lamp center and with the top edge of
the beam 10 cm (4 in.) below the level of the lamp center.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
§ 676. Headlamps, Single Filament.
Single-filament upper beam sealed beam headlamp units shall be
aimed with the center of the high intensity zone on a vertical line straight
ahead of the lamp center and 5 cm (2 in.) below the level of the lamp cen-
ter.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
§ 677. Headlamps, Double Filament.
Double-filament sealed beam headlamp units shall be aimed on low
beam with the left edge of the high intensity zone on a vertical line
straight ahead of the lamp center and with the top edge of the high intensi-
ty zone at the level of the lamp center.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
§ 678. Motorcycle Headlamps.
Motorcycle headlamps shall be aimed on the upper beam as specified
for single-filament units in Section 676, with the vehicle upright and the
wheels facing straight ahead. As an alternative, motorcycle headlamps
with a well-defined lower beam may be aimed on the lower beam as spe-
cified for double-filament units in Section 677, with the vehicle upright
and the front wheel facing straight ahead.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
§ 679. Motor-Driven Cycle Headlamps.
Motor-driven cycle headlamps shall be aimed with the vehicle upright
and the front wheels facing straight ahead in accordance with the follow-
ing requirements:
(a) Multiple Beam Headlamps. Multiple beam headlamps shall be
aimed as specified for motorcycle headlamps.
(b) Single Beam Headlamps. Single beam headlamps shall be aimed
with the center of the high intensity zone on a vertical line straight ahead
of the lamp center and with the top edge of the high intensity zone at the
level of the lamp center.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
§ 680. Passing Lamps.
Passing lamps shall be aimed with the top edge of the high intensity
zone at the level of the lamp center and with the left edge of the high inten-
sity zone 13 cm (5 in.) to the left of a vertical line straight ahead of the
lamp center.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
§ 681 . School Bus Sidelamps.
School bus sidelamps shall be aimed so the center of the high intensity
portion of the beam is straight to the side of the bus and at the same height
as the lamp center.
NOTE: Authority cited: Sections 25102.5 and 26103, Vehicle Code. Reference:
Sections 24012, 25102.5, and 26103, Vehicle Code.
History
1 . Editorial correction of NOTE (Register 8 1 , No. 44).
§ 682. School Bus Warning Lamps.
School bus warning lamps shall be aimed to comply with the following
requirements:
(a) Visual Aim. When aimed visually by means of an aiming screen
or optical aiming machine, the lamps shall have the center of the high in-
tensity zone on a vertical line straight ahead of the lamp center and on a
horizontal line not higher than the level of the lamp center nor lower than
10 cm (4in.) below this level.
(b) Mechanical Aim. When aimed with a mechanical aiming machine,
warning lamps with three mechanical aiming pads on the lenses shall be
between 0 and 4 down on the up and down scale and at 0 on the left and
right scale of the aimer.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
Article 7. Mounting Requirements
§ 685. Installation and Maintenance.
Lighting equipment shall be securely mounted on a rigid part of the ve-
hicle to prevent noticeable vibration of the beam and shall be maintained
with the proper aim when the vehicle is stationary and in motion. No
lighting device, unless otherwise permitted, shall be mounted so any por-
tion of the vehicle, load, or vehicle equipment interferes with the distribu-
tion of light or decreases its intensity within the photometric test angles
unless an additional device is installed so the combination of the two
meets these requirements. Mounting heights shall be measured from the
center of the lamp or reflector to the level surface upon which the vehicle
stands when it is without load.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
§ 686. Mounting of Aftermarket Devices.
Aftermarket lamps, with orientation markings such as "top" shall be
mounted in accordance with the markings. Sealed and semisealed optical
units shall be installed with the lettering on the lens face right side up.
Front and rear reflex reflectors shall be securely mounted on a rigid part
of the vehicle with the plane of the lens perpendicular to the roadway and
parallel to the rear axle. Side reflex reflectors shall be mounted with the
lens face perpendicular to the roadway and parallel to the rear wheels. Af-
termarket devices with nonadjustable housings shall be mounted with the
base on a horizontal or vertical surface, whichever is appropriate, unless
different mounting instructions are included with such devices when of-
fered for sale.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
§ 687. Mounting of Original Equipment Devices.
Original equipment lamps and reflex reflectors designed for a particu-
lar make of vehicle and installed on another vehicle shall be mounted at
the same angle as on the vehicle for which they were designed. They need
not be mounted at the same height or lateral spacing as on the original ve-
hicle but must comply with the appropriate height and location limita-
tions in this title and the Vehicle Code.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
§ 688. Clearance and Sidemarker Lamps.
(a) Mounting. Clearance lamps, sidemarker lamps, and combination
clearance and sidemarker lamps shall be mounted as specified in FMVSS
108, except for combination clearance and sidemarker lamps on pole or
pipe dollies or logging dollies which shall be mounted as required by Ve-
hicle Code Section 25100.
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(b) Exceptions. On vehicles manufactured prior to July 1 , 1980, clear-
ance lamps need not be visible at the inboard angles, and clearance and
sidemarker lamps need not comply with the mounting height require-
ments in FMVSS 108.
(c) Specialized Lamps. Specialized combination lamps designed to be
mounted with the base at angles other than 0 deg. 45 deg. or 90 deg from
the longitudinal axis of the vehicle shall be installed in accordance with
the manufacturer's instructions.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
§ 689. Cornering Lamps.
Cornering lamps shall be mounted on the front of the vehicle near the
side or on the side near the front and not lower than 30 cm (12 in.) nor
higher than 76 cm (30 in.).
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
§ 690. Deceleration Lamps.
Deceleration lamps shall be mounted on the rear of the vehicle on or
adjacent to the centerline of the vehicle at a height not lower than 38 cm
(15 in.).
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
§ 690.5. Driving Lamps.
Driving lamps shall be connected to the upper beam headlamp circuit
so the beam changing switch will turn the lamps off when the headlamps
are switched to low beam. A separate switch shall be provided to discon-
nect driving lamps when not in use.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
§691. Fog Lamps.
Foglamps shall be mounted so the inner edge of the lens retaining ring
is no closer than 10 cm (4 in.), or as specified by FMVSS 108 in effect
at the time of vehicle manufacture, to the optical center of the front turn
signal lamp.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012,
24403 and 26103, Vehicle Code.
History
1. Amendment filed 6-18-92; operative 7-20-92 (Register 92, No. 25).
2. Amendment filed 2-8-2008; operative 3-9-2008 (Register 2008, No. 6).
§ 692. Headlamps.
Headlamps shall be mounted as specified in FMVSS 108 and as fol-
lows:
(a) Spacing. Headlamp units installed after November 15, 1975, shall
not be closer to the centerline of the vehicle than 30 cm ( 1 2 in.) measured
from the center of the lens, except on motorcycles and motorized bi-
cycles.
(b) Covers. No grille, transparent lens cover, or any other obstruction
shall be in front of the headlamp lens on vehicles manufactured and first
registered in California after January 1 , 1968, except for headlamp con-
cealment devices meeting FMVSS 112 that automatically move out of
the way when the headlamps are turned on. Transparent lens covers are
permitted in front of the headlamps of motorcycles originally equipped
with such transparent covers, if the covers do not affect compliance of the
headlamps with FMVSS 108.
(c) Aiming Obstructions. Headlamps on vehicles other than motor-
cycles shall be mounted so the plane of the aiming pads is not more than
24 cm (9.5 in.) behind the front of the vehicle for 146-mm (5 3/4-in.)
headlamps and not more than 26 cm (10.2 in.) for all other headlamps in
the area necessary for horizontal aiming with mechanical aiming ma-
chines. This requirement may be complied with by use of movable hood
or grille components that can be opened without tools or removal of any
part of the vehicle. This subsection does not apply to headlamps on au-
thorized emergency vehicles operated by law enforcement agencies.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
History
1. Amendment of subsection (b) filed 10-15-91; operative 1 1-14-91 (Register
92, No. 6).
§ 693. Passing Lamps.
Passing lamps shall be mounted so the inner edge of the lens retaining
ring is no closer than 10 cm (4 in.), or as specified by FMVSS 108 in ef-
fect at the time of vehicle manufacture, to the optical center of the front
turn signal lamp. The lamps shall be connected to either or both the upper
and lower headlamp beam circuits. A separate switch shall be provided
to disconnect passing lamps not in use.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
History
1. Amendment filed 2-8-2008; operative 3-9-2008 (Register 2008, No. 6).
§ 694. Running Lamps.
Running lamps shall be mounted with one lamp at each side on the
front not lower than 38 cm (15 in.) nor higher than 107 cm (42 in.). Run-
ning lamps shall be connected to turn off automatically when the head-
lamps are turned on. A separate switch shall be provided to turn off the
running lamps any time their use is not desired during daytime.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
§ 695. School Bus Sidelamps.
School bus sidelamps shall be installed as follows:
(a) Location. Two lamps shall be installed on each side, one toward the
front and one toward the rear, with the front sidelamp as near as practica-
ble to the front wheel. A third lamp may be installed near the center on
buses 9.1 m (30 ft) or more in length.
(b) Spacing. Lamps on each side shall be as far apart as practicable and
no closer together than 183 cm (72 in.).
(c) Height. All lamps on one side shall be at the same level, not lower
than 61 cm (24 in.) nor higher than 107 cm (42 in.).
(d) Width. The lamps shall be installed so as not to exceed a total ve-
hicle width of 2.44 m (96 in.). Installations that cause buses less than 2.03
m (80 in.) wide to equal or exceed 2.03 m (80 in.) will make necessary
the installation of clearance and sidemarker lamps.
(e) Pilot Indicator. The system shall have an amber pilot indicator that
is visible to the bus driver in his normal driving position and that is lighted
when the sidelamps are lighted.
NOTE: Authority cited: Sections 25102.5 and 26103, Vehicle Code. Reference:
Sections 24012, 25102.5, and 26103, Vehicle Code.
§ 695.5. School Bus Strobe Lamp.
School bus strobe lamps shall be installed as follows:
(a) Location. The lamp shall be installed on the rooftop at or behind
the center of the roof and equidistant from each side.
(b) Height. The top of the light-generating element inside the lamp
shall not extend above the rooftop more than l/20th of its horizontal dis-
tance from the rear of the bus. For the purpose of this section, the rear of
the bus is defined as the vertical plane in contact with the rear most por-
tion of the body. If a bus is equipped with roof mounted school bus signs
or other vertical obstructions, the light-generating element may extend
above the level of the signs or obstructions not to exceed 1 /20th of its
distance from the rear of the bus. In no case shall strobe lamps be
mounted so as to exceed the maximum height limits specified in Vehicle
Code Section 35250.
(c) Mounting. The vertical axis of the lamp shall be installed perpen-
dicular to the surface of the road.
(d) Switch and Pilot Indicator. The lamp shall be activated by a manual
switch labeled with the word "strobelamp," "strobe lamp," "strobe
light," "strobe," or some other readily understood term which clearly and
unambiguously identified the strobe light function and distinguishes it
from other warning lamps and devices with which the vehicle is
equipped, and independent of all other switches. In addition, the system
shall have a nonglaring amber or white pilot indicator that is clearly vis-
ible to the driver and that is lighted whenever the strobe lamp is lighted.
NOTE: Authority cited: Sections 25257.7 and 26103, Vehicle Code. Reference:
Sections 24012, 25257.7 and 26103, Vehicle Code.
Page 48
Register 2008, No. 6; 2-8-2008
Title 13
Department of the California Highway Patrol
§699
History
1. New section filed 3-8-91; operative 4-7-91 (Register 91, No. 15).
2. Editorial correction of Note (Register 91 , No. 31).
3. Amendment of subsection (b) filed 9-16-94; operative 10-17-94 (Register 94,
No. 37).
4. Amendment of subsection (d) filed 12-5-2000; operative 1-4-2001 (Register
2000, No. 49).
§ 696. School Bus Warning Lamps.
(a) Number of Lamps and Required Locations. Four warning lamps
are required on each school bus. Two alternately flashing lamps shall be
rigidly mounted on the front, one at each side, at the same height above
the top of the windshield; and two alternately flashing lamps shall be rig-
idly mounted on the rear, one at each side, at the same height, with the
bottom edge of each lens not lower than the top line of the side window
openings. A panel shall be installed to serve as a background for warning
lamps that extend above the top of a school bus.
(b) Operating Switches. School bus warning lamp switches operated
manually by the driver shall be located within easy reach of the driver's
position.
(c) Pilot Indicator. A bright visible flashing signal not less than 12.7
mm (0.5 in.) in diameter shall be included in the circuit to give a clear and
unmistakable indication to the driver when the warning signals are turned
on. The indicator shall not be obscured from the driver's view by any part
of the vehicle.
(d) Spacing and Visibility. Front and rear warning lamps shall be
spaced as far apart laterally as is practicable, and in no case shall the dis-
tance between lamps be less than 100 cm (39 in.). Visibility of front and
rear warning lamps shall be unobstructed by any part of the vehicle from
5 deg above to 10 deg below horizontal and from 30 deg to the right to
30 deg to the left of the center line of the lamps.
(e) Warning Lamp Installation Dates. Warning lamps installed on
school buses after 1965 shall be red Class C warning lamps. Those in-
stalled before 1966 and meeting requirements in effect at time of installa-
tion may continue to be used on the school buses on which they were in-
stalled.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012,
25257 and 26103, Vehicle Code.
History
1. Repealer of subsection (0 filed 4-2-81; effective thirtieth day thereafter (Regis-
ter 81, No. 14).
2. Amendment of subsection (b) and Note filed 9-6-95; operative 10-6-95 (Reg-
ister 95, No. 36).
§ 697. Side-Mounted Turn Signal Lamps.
Side-mounted turn signal lamps permitted by Section 24953(b) of the
Vehicle Code and defined by Section 791 of this title shall be mounted
on either or both sides of the vehicle not lower than 50 cm (20 in.) nor
higher than 183 cm (72 in.) with the lens facing the side and projecting
beyond the body of the vehicle.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012,
24953 and 26103, Vehicle Code.
History
1. Amendment filed 4-5-83; effective thirtieth day thereafter (Resister 83, No.
15).
§ 698. Supplemental Signal Lamps.
(a) Supplemental combination stop and turn signal lamps permitted by
Section 24603(g) of the Vehicle Code and supplemental rear turn signal
lamps permitted by Section 24953(c) of the Vehicle Code and defined by
Section 791 of this title shall be mounted near either or both sides of the
vehicle facing the rear.
(b) Supplemental stop lamps shall be mounted near the side of the ve-
hicle or on or near the vertical centerline of the vehicle.
(c) When more than one lamp is mounted on the rear of the vehicle,
the lamps shall be at the same height and equally spaced from the vertical
centerline of the vehicle.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012,
24603, 24953 and 26103, Vehicle Code.
History
1. Amendment filed 4-5-83; effective thirtieth day thereafter (Register 83, No.
15).
§ 699. Turn Signal Lamps.
Turn signal lamps shall be mounted and operated as follows:
(a) Motor Vehicles. Turn signal systems on motor vehicles shall con-
sist of at least two single-faced or double-faced turn signal lamps on or
near the front and at least two single-faced turn signal lamps on the rear.
Double-faced turn signal lamps shall be mounted ahead of the center of
the steering wheel or the center of the outside rearview mirror, whichever
is rearmost. A truck-tractor or a truck chassis without body or load may
be equipped with one double-faced turn signal lamp on each side in lieu
of the four separate lamps otherwise required on a motor vehicle. Front
and rear turn signal lamps on motorcycles shall be at least 23 cm (9 in.)
apart, except that front turn signals on motorcycles manufactured after
January 1, 1973, shall be at least 40 cm (16 in.) apart. Turn signal lamps
on other vehicles shall be spaced as far apart as practical. The optical axis
of the front turn signal lamp shall be at least 10 cm (4 in.), or as specified
by FMVSS 108 in effect at the time of vehicle manufacture, from the in-
side diameter of the retaining ring of the lower beam headlamp unit, fog
lamp unit or passing lamp unit. Additional turn signal lamps may be
mounted closer than the 10 cm (4 in.) dimension provided the primary
lamps equal or exceed that distance. Original equipment turn signals that
emit two and one-half times the minimum candela requirements may be
closer.
(b) Towed Vehicles. The rearmost vehicle in a combination of ve-
hicles shall be equipped with at least two single-faced turn signal lamps
on the rear. The signal system on a combination of vehicles towed by a
motor vehicle equipped with double-faced front turn signal lamps may
be connected so only the double-faced turn signal lamps on the towing
vehicle and the signal lamps on the rear of the rearmost vehicle are opera-
tive. Towed vehicles not required to be equipped with turn signals by Ve-
hicle Code Section 24951(b) shall be equipped with rear turn signal
lamps when turn signal lamps are required or used in lieu of hand and arm
signals under Vehicle Code Section 221 10. Such lamps are not required
on the following vehicles when the rear signal lamps on the preceding ve-
hicle in the combination can be seen by a following driver from straight
to the rear of the lamp to 45 deg outboard:
Vehicles with a gross weight of less than 2722 kg (6,000 lb)
Special mobile equipment
Pole and pipe dollies
Logging dollies
Auxiliary dollies
(c) Operation. Turn signal lamps visible to approaching or following
drivers shall flash in unison, except that a turn signal consisting of two
or more units mounted horizontally may flash in sequence from inboard
to outboard. The lamps may be either extinguished simultaneously or
lighted simultaneously. Turn signal lamps shall flash at a rate of 60 to 120
flashes per minute.
(d) Pilot Indicator. An effective visual signal operating at the same rate
as the turn signal flasher shall be incorporated in the circuit to give clear
and unmistakable indication to the driver that the turn signal lamps are
turned on. Failure of one or more turn signals to operate shall be indicated
by a steady-on, steady-off, or significant change in the flashing rate of
the illuminated indicator, except on combinations of vehicles using a
variable load flasher.
(e) Visibility. Lamps shall be mounted so the signal light from at least
one lamp on each side is visible from directly to the front or rear within
a 45-deg outboard angle on its side of the vehicle. Within these angles,
no part of the vehicle or load shall obstruct the lamp from the view of
another driver. On combinations of vehicles, rear turn signal lamps on
other than the rearmost vehicle shall be mounted so that at least one lamp
at each side is not obstructed by any towed vehicle within angles of 10
to 45 deg on its side of the vehicle.
(f) Mounting Height. Required turn signal lamps shall be mounted at
a height not less than 38 cm (1 5 in.) nor higher than 2. 1 m (83 in.). A turn
signal function may be combined in the high mounted stoplamps per-
mitted on tow trucks by Vehicle Code Section 24603.
Page 49
Register 2008, No. 6; 2-8-2008
§700
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
History
1. Amendment of subsection (a) filed 2-8-2008; operative 3-9-2008 (Register
2008, No. 6).
§ 700. Warning Lamps.
Required front warning lamps other than school bus warning lamps,
shall be mounted so the entire projected area of the lens is visible from
all eye heights of drivers of other vehicles at angles within 45 deg left to
45 deg right of the front of the vehicle. If the light within these required
angles is blocked by the vehicle or any substantial object on it, an addi-
tional warning lamp shall be displayed within the obstructed angle.
Warning lamps may be mounted at any height.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
Article 8. Advance Stoplamp Switches
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012,
24603 and 26103, Vehicle Code.
History
1 . Repealer of Article 8 (Sections 705-707) filed 6-7-85; effective thirtieth day
thereafter (Register 85, No. 23). For prior history, see Register 84, No. 2.
Article 9. Auxiliary Driving, Fog, and
Passing Lamps
§710. Scope.
This article applies to driving lamps, fog lamps, and passing lamps
permitted by Vehicle Code Sections 24402 and 24403.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012,
26103 and 26104, Vehicle Code.
§ 71 1 . Mechanical Test Requirements.
Auxiliary lamps shall meet the following mechanical test require-
ments:
(a) Housings for Sealed or Semisealed Optical Units. Housings for
sealed or semisealed optical units shall comply with the following tests
described in Article 5 of this subchapter when an optical unit of the type
for which the housing is designed is installed in the device:
Aiming adjustment
Corrosion
Lens recession
Vibration
Warpage (when plastic housings are used)
(b) Complete Assemblies. Assemblies consisting of a housing with a
nonsealed unit or separable bulb, lens, or reflector shall comply with the
following tests described in Article 5 of this subchapter:
Aiming adjustment
Corrosion
Dust
Lens recession
Moisture
Vibration
Warpage (when plastic lenses or housings are used)
(c) Sealed or Semisealed Optical Units. Sealed or semisealed optical
units shall comply with the following tests described in Article 5 of this
subchapter:
Corrosion (when metal reflector backs or replaceable bulbs are used)
Vibration (when filament shields or replaceable bulbs are used)
Warpage (when plastic lenses or reflectors are used)
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
§ 712. Photometric Test Requirements.
Photometric tests shall be made with the filament in the design posi-
tion. For unsealed and semisealed driving and passing lamps, tests shall
also be made in the out-of-focus positions listed in Section 654 of this
title. The luminous intensity of a single lamp tested as specified in Article
4 of this subchapter shall be as follows with a reaim tolerance of 0.25 deg
allowed at any test point:
(a) Driving Lamps. Driving lamps shall meet the photometric require-
ments in Table I when the lamps are aimed as specified in Article 6 of this
subchapter.
TABLE I. PHOTOMETRIC REQUIREMENTS FOR DRIVING LAMPS
Test
point
coordinates
Cd
Vertical
Horizontal
Max
Min
3U
3L-3R
5.000
2U
3L-3R
8,000
—
IU
3L-3R
25.000
—
H
V
50,000
20,000
H
3L-3R
—
10.000
ID
6L-6R
—
3,700
2D
6L-6R
—
2.000
(b) Fog Lamps. Fog lamps shall meet the photometric requirements in
SAE J583d, July 1977, SAE J583, JUN93, or SAE J583, APR2001 .
(c) Passing Lamps. Passing lamps shall meet the photometric require-
ments in SAE J582a, January 1973.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
History
1. Amendment of first paragraph and subsection (b) filed 6-12-95; operative
7-12-95 (Register 95, No. 24).
2. Amendment of subsection (b) filed 7-16-2004: operative 8-15-2004 (Register
2004, No. 29).
§ 713. Beam Aimability Requirements.
Driving, fog, and passing lamps shall be centered on a goniometer, op-
erated at design voltage, and aimed in a dark room on a perpendicular
screen 7.5 m (25 ft) from the lamp. The goniometer shall be adjusted until
the observer considers the visual aim on the screen to be correct in accor-
dance with Sections 674, 675, or 680 of this title. Each of three experi-
enced observers shall aim the lamp at least three times and each observ-
er's goniometer settings shall be individually averaged. The deviation of
each observer's averaged reading from that of any other observer shall
not be more than 0.2 deg in the vertical direction and 0.4 deg in the hori-
zontal direction.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
Article 10. Cornering Lamps
§ 720. Scope.
This article applies to cornering lamps permitted by Vehicle Code Sec-
tion 25107.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012,
26103, and 26104, Vehicle Code.
§ 721 . Mechanical Test Requirements.
Cornering lamps shall meet the following mechanical test require-
ments in Article 5 of this subchapter:
Corrosion
Dust
Moisture
Vibration
Warpage (for plastic lenses and housings)
None of the above tests are required on all-glass sealed optical units,
and the dust and moisture tests are not required on housings for all-glass
units.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
§ 722. Photometric Test Requirements.
Cornering lamps shall meet the photometric requirements in SAE
J852b, February 1965, when tested as specified in Article 4 of this sub-
chapter.
NOTE: Authority cited: Section 26103 Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
Page 50
Register 2008, No. 6; 2-8-2008
Title 13 Department of the California Highway Patrol § 731
Article 11. Deceleration Signal Lamp
quirements:
(a) Function. The system shall operate so as to indicate a component
of deceleration of the vehicle on which it is installed by varying the flash-
oyStemS ing rate 0f a yellow lamp when the service brakes are applied.
§ 730. Scope. O3) Reduced Nighttime Brightness. The system shall incorporate an
This article applies to deceleration signal lamp systems permitted by automatic means for reducing the intensity of the lamp during darkness.
Vehicle Code Section 25251 5 r^ne system snail cause the voltage to the deceleration lamps to decrease
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012, t0 5-° V ± 10% at 0 g deceleration during darkness. The specified voltage
26103 and 26104, Vehicle Code. shall be reached when the illumination on the sensor is not more than 53.8
§ 731 . Operating Requirements. lm/m2 (5 Im/ft2) nor less than 5.4 Im/m2 (0.5 lm/ft2).
Deceleration signal systems shall meet the following operating re-
[The next page is 51.]
Page 50.1 Register 2008, No. 6; 2-8-2008
Title 13
Department of the California Highway Patrol
§740
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103. Vehicle Code.
§ 732. Deceleration Performance.
The output voltage, duty cycle, and flash rate of the control unit at a
temperature of 24 + 5.5 C (75 ± 10 F), when 12.8 V dc is applied to the
input terminal, shall be as shown in Table I when the control sensor is
placed on a tilt table and slightly vibrated as the table is slowly rotated
through the angles representing the specified vehicle deceleration rates.
TABLE 1 . TEST REQUIREMENTS FOR DECELERATION LAMPS
Peak
Deceleration
Output
relative
Flash Rate
On Time
(g)
(V)
brightness
(Hz)
(%)
0.0
7.0
1.0
1.0
50
0.1
—
1.0
1.5
48
0.2
—
1.0
2.3
46
0.3
—
1.2
3.4
44
0.4
—
1.4
5.0
42
0.5
—
1.7
7.6
40
(a) Deceleration. The deceleration at which the unit switches from a
lower to a higher flash rate shall be within + 0.05 g of the rate specified
in Table I. If the unit operates at more steps than the required minimum,
the additional values for each column shall lie on the smooth curve con-
necting the indicated values within the specified tolerances. The values
specified in Table II apply to ramp-type inertial sensors for which the
downward angles correspond to the deceleration and a tolerance of 3.0
deg applies to the tilt angle.
TABLE II. TEST REQUIREMENTS FOR DECELERATION SENSOR
Deceleration
Forward tilt
Degrees
Corrected tilt
(8)
angle
Dip correction
angle
0.0
0.0
0.0
0.0
0.1
5.7
0.8
6.5
0.2
11.3
1.6
12.9
0.3
16.7
2.4
19.1
0.4
21.8
3.2
25.0
0.5
26.6
4.0
30.6
(b) Output Voltage. The rms output voltage during the on portion of
the flash cycle at the 1 Hz flash rate shall be within ± 5% of the specified
value, measured at the lamp bulbs with daytime illumination on the auto-
matic darkness sensor.
(c) Relative Brightness. With the brightness of the lamp or its bulbs
taken as 1 .0 when measured with the rms output voltage specified for 0
g deceleration, the relative brightness of the lamp or bulbs at the other de-
celerations shall be within + 25% of the specified values after the fifth
flash.
(d) Flash Rate and Percent on Time. The flash rate shall be within
± 1 5% of the specified value. The percent on time shall be within + 10%
of the specified value.
(e) Correction for Front End Dip. Control sensors for vehicles with
substantial front end dip upon braking, such as passenger vehicles and
pickup trucks, shall have linear dip correction varying from 4 deg at 0.5 g
or more deceleration to 0 deg at 0 g.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
§ 733. Mechanical Test Requirements.
Deceleration lamps shall comply with the following mechanical tests
in Article 5 of this subchapter:
Corrosion
Dust
Moisture
Vibration
Warpage (at a flashing rate of 1 Hz when a plastic lens or housing is
used)
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
§ 734. Temperature Test Requirements.
The control system shall meet the following requirements at both 1 1
V and 15 V:
(a) Low Temperature Test. The control system shall be placed in its
normal operating position in a circulating air cabinet at -32 + 3° C (-25
± 5° F) for 2 h. At the end of that period and while still at that temperature,
the unit shall meet the requirements in Table I at 0 g and 0.3 g.
(b) High Temperature Test. The control system shall be placed in its
normal operating position in a circulating air cabinet at 74 + 0, -2.8° C
(1 65 + 0, -5° F) for 2 h. At the end of that period and while still at that
temperature, the unit shall meet the requirements in Table I at 0 g and
0.3 g.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
§ 735. Durability Test.
The control system shall be operated continuously at a supply voltage
of 12.8 V dc for 200 h with no failure (except bulb replacement), after
which it shall meet the requirements in Table 1 at 0 g and 0.3 g.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
§ 736. Photometric Test Requirements.
The luminous intensity of a deceleration lamp with the bulbs operated
at mean spherical candela and tested as specified in Article 4 of this sub-
chapter shall meet the photometric requirements in Table III after the
sample has been mechanically tested in the order shown in Section 733.
TABLE III. PHOTOMETRIC REQUIREMENTS FOR DECELERATION
SIGNAL LAMPS
Test point coordinates
Vertical Horizontal
Cd
Max
Min
10U
10L
V
10R
70
200
70
25
60
25
5U
5D
20L
40
15
10L
200
60
5L
600
200
V
800
350
5R
600
200
10R
200
60
20R
40
15
20L
40
15
10L
200
60
5L
800
350
V
1,300
600
5R
800
350
10R
200
60
20R
40
15
20L
40
15
10L
200
60
5L
600
200
V
800
350
5R
600
200
10R
200
60
20R
40
15
10L
70
25
10D
V
200
60
10R
70
25
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
Article 12. Fog Taillamps
§ 740. Scope.
This article applies to fog taillamps permitted by Vehicle Code Section
24602.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012,
26103 and 26104, Vehicle Code.
Page 51
Register 91, No. 15; 4-12-91
§741
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
§741. General Requirements.
Fog taillamps shall not be optically combined with any lighting func-
tion other than a tail lamp or reflex reflector. The projected luminous lens
area in the H-V direction shall not exceed 140 cm2 (21 .7 in.2).
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
§ 742. Mechanical Test Requirements.
Fog taillamps shall meet the following mechanical test requirements
in Article 5 of this subchapter:
Corrosion
Dust
Moisture
Vibration
Warpage (for plastic lenses or housings).
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
§ 743. Photometric Test Requirements.
The luminous intensity of a rear fog tail lamp tested as specified in Ar-
ticle 4 of this subchapter shall be as shown in Table I.
TABLE 1. PHOTOMETRIC REQUIREMENTS FOR FOG TAILLAMPS
Test point coordinates
Vertical Horizontal
Cd
Min
10U& 10D
10L
V
I OR
10
25
10
5U&5D
20L
10L
5L
V
5R
10R
20R
10
30
50
70
50
30
10
20L
10L
5L
V
5R
10R
20R
15
40
80
80
80
40
15
NOTE: The maximum candlepower shal 1 not exceed 300 cd over any area larger
than that generated by an 0.25 deg radius.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
History
1 . Amendment of Table I filed 12-17-81 : effective thirtieth day thereafter (Regis-
ter 81, No. 51).
Article 13. Headlamp Flashing Systems
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections
25252.5, 26103 and 26104, Vehicle Code.
History
1. Repealer of Article 13 (Sections 720 and 751) filed 6-7-85; effective thirtieth
day thereafter (Register 85, No. 23). For prior history, see Register 80, No. 22.
Article 14.
Reflex Reflectors on Front of
Vehicles
§ 760. Scope.
This article applies to reflex reflectors permitted on the front of ve-
hicles by Vehicle Code Section 24609 and not governed by FMVSS 108.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012,
26103 and 26104, Vehicle Code.
§761. Definitions.
(a) "Area reflectorizing material," referred to in Vehicle Code Section
25500, is nonrigid retroreflecting sheeting or tape that may be affixed to
a vehicle by means of an adhesive backing.
(b) A "reflector" or "reflex reflector" is a rigid device that returns light
from various angles of incidence in a direction close to that at which it
is incident and which may be affixed to a vehicle by adhesive or mechani-
cal means.
NOTE: Authority and reference cited: Section 26103, Vehicle Code.
§ 762. Test Requirements.
Front reflex reflectors shall meet the reflex reflector requirements of
FMVSS 108, except that white reflectors shall meet the photometric re-
quirements in SAE J594e, March 1970.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
History
1 . Amendment filed 1 2-17-81 ; effective thirtieth day thereafter (Register 81 , No.
51).
Article 15. Replacement Lenses
§ 765. Scope.
This article applies to replacement lenses for lighting equipment sub-
ject to requirements established by the department, including replace-
ment lenses manufactured solely for installation by private individuals
on lighting equipment regulated by FMVSS 108.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012,
26103 and 26104, Vehicle Code.
§ 766. Definition.
A "replacement lens" is a lens manufactured by a firm other than the
manufacturer of the original lens for a lighting device.
NOTE: Authority and reference cited: Section 26103, Vehicle Code.
§ 767. Mechanical Test Requirements.
Replacement lenses, when installed in the appropriate housings, shall
meet the following mechanical test requirements in Article 5 of this sub-
chapter:
Dust
Moisture
Vibration
Warpage (for plastic lenses of devices not governed by FMVSS 108)
If lenses are supplied with gaskets, seals, or miscellaneous parts,
lamps shall be assembled and tested with those parts. If lenses are not
supplied with additional parts, the tests shall be conducted with the type
used with the original housing model.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
§ 768. Photometric Test Requirements.
Replacement lenses shall be tested in a sample lamp housing of the lat-
est model for which they were designed and shall meet the photometric
requirements for each function performed that were in effect at the time
the latest lamp was last manufactured.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
§ 769. Installation Instructions.
Instructions listing the original lamps or year and model of the vehicles
on which replacement lenses are designed to be installed shall be in-
cluded with the lens, printed on the box containing the lens, or listed in
a readily available catalog at the place the lens is sold or offered for sale.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24006,
24012 and 26103, Vehicle Code.
Article 16. Reserve Lighting and Outage
Indicating Systems
§ 770. Scope.
This article applies to reserve lighting and outage indicating systems
on vehicles for regulating the light sources of lamps. Lamp monitoring
systems which do not compensate for failure of the required lighting
equipment are not within the scope of this regulation.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012,
26103 and 26104, Vehicle Code.
Page 52
Register 91, No. 15; 4-12-91
Title 13
Department of the California Highway Patrol
§777
§771. Definition.
A "reserve lighting and outage indicating system'" is a system that indi-
cates partial or total failure of the lighting equipment on a vehicle and au-
tomatically compensates for such failure by energizing inactive lamp fil-
aments to substitute for the required function until repairs can be made.
NOTE: Authority and reference cited: Section 26103, Vehicle Code.
§ 772. General Requirements.
(a) Operating Unit. The operating unit may consist of individual cir-
cuits to operate only the headlamps or only the taillamps. If the operating
unit combines both circuits, it shall have independent headlamp and rear
lamp circuits so that failure in one circuit will not affect the other circuit.
(b) Outage Indicators. Outage shall be indicated by two separate
lamps, one each for the headlamp and the rear lighting circuits. Required
visual indicators may be supplemented by audible indicators. Each re-
quired indicator shall consist of a lamp with an illuminated area not less
than that of a circle with a 4.8-mm (0.19— in.) diameter, and each indica-
tor shall give a clear and unmistakable signal to the driver as follows:
(1) Headlamp Circuits. One white lamp shall indicate outage in the up-
per or the lower beam headlamp circuit, whichever is in use.
(2) Rear Lamp Circuits. One red lamp shall indicate outage in the tail-
lamp circuit or failure of the stoplamp fuse or switch. For multicompart-
ment or multiple rear lamps, only the outboard sections or lamps need an
outage indicator.
(c) Wiring Connectors. The device shall have wiring connectors to
make all necessary electrical connections between the device and the ve-
hicle lighting system by plug-in means at existing plug-in terminal junc-
tions. For vehicles not equipped with plug-in terminal junctions, a plug-
in terminal shall be installed to make all necessary connections to the
vehicle lighting system.
(d) Fail-Safe Operation. Failure of the device shall not result in failure
of the normal lighting system.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
§ 773. Operating Requirements.
(a) Normal Operation. When headlamps are operating normally, the
headlamp outage indicator shall operate at not less than 10% nor more
than 20% of the normal voltage used to indicate an outage. When tail-
lamps are operating normally, the rear lamp outage indicator shall oper-
ate only when the foot brake is applied.
(b) Circuit Failure. When lamps are turned on, the outage system shall
respond to circuit failure by continuing the normal display of any un-
failed lamp, energizing the appropriate inactive lamp filaments, and indi-
cating the failure to the driver. A "headlamp circuit failure" exists when
one-half or more of the upper or lower beam filaments have failed. A
"taillamp circuit failure" exists when one-half or more of the taillamp fil-
aments have failed. A "stoplamp circuit failure" exists when the sto-
plamp switch or fuse fails.
(c) Headlamp Outage. Failure in the lower beam headlamp as defined
in preceding subsection (b) shall cause the outage system to activate the
upper beam circuit at a decreased voltage. Failure in the upper beam
headlamp shall cause the outage system to activate the lower beam circuit
at a decreased voltage. Such failure in lower or upper headlamp beam
shall be indicated by the continuous steady-on or flashing of the head-
lamp circuit outage indicator.
(d) Taillamp Outage. Failure of the taillamp circuit shall cause the out-
age system to activate the stoplamp circuit at a decreased voltage. Such
failure shall be indicated by the continuous steady-on or flashing of the
rear lighting outage indicator at not more than one-third of its normal
brilliancy.
(e) Stoplamp Outage. Normal activation of the stoplamp circuit shall
operate the rear lighting indicator at normal brilliancy during application
of the service brake. Failure of the stoplamp filament, switch, or fuse
shall cause loss of this indication.
(f) Alternate Circuit. Reserve lamps in the alternate circuit shall be ca-
pable of automatically performing the design function as well as com-
pensating for the outage.
(g) Operating Unit Voltage Drop. Voltage drops across headlamp and
rear lamp sections of the operating unit shall not exceed the following
values for each normally operating function when the lamps are operated
at design voltage:
0.40 V for two lamps
0.45 V for three lamps
0.50 V for four lamps
0.60 V for six lamps or more
NOTE: Authority cited: Section 26103. Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
§ 774. Voltage Requirements for Alternate Circuits.
When the alternate circuit lamps are connected and the design voltage
is applied to the input terminals of the device, voltages at output terminals
shall be as follows:
(a) Headlamps — Lower Beam Outage Compensated by Upper Beam.
Voltage to the upper beam filaments as reserve lower beam headlamps
when one-half or more of the lower beam filaments fail shall be not more
than 50% nor less than 40% of the design voltage of the upper beam fila-
ment.
(b) Headlamps — Upper Beam Outage Compensated by Lower Beam.
Voltage to the lower beam filaments as reserve upper beam headlamps
when one-half or more of the upper beam filaments fail shall be not less
than 75% of the design voltage of the lower beam filament.
(c) Taillamps — Outage Compensated by Stoplamps. Voltage to the
stoplamp filaments as reserve taillamps shall be not more than 50% nor
less than 40% of the design voltage of the stoplamp filament.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
§ 775. Vibration Test Requirements.
Sensing and control units shall meet the following vibration test re-
quirements under 5 g constant acceleration:
(a) The device shall be mounted in design position and vibrated for 30
min in each of three directions: vertical, horizontal and normal to the ve-
hicle, and horizontal and parallel to the vehicle axis.
(b) The vibration frequency shall be varied from 30 to 200 to 30 Hz
over a period of approximately 1 min.
(c) The device shall be operated with all lamps at design voltage during
the vibration test.
(d) At the conclusion of the test, the system shall meet all the require-
ments of Sections 773 and 774.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
§ 776. Temperature Test Requirements.
Sensing and control units shall be mounted in their normal operating
positions in a circulating air cabinet for 1 h at an ambient temperature of
74 + 0, -2.8° C (165 + 0, -5° F). After the temperature conditioning, the
system shall meet all the requirements of Sections 773 and 774 over a
temperature range of -34 to +38° C (-30 to +100° F).
NOTE: Authority cited: Section 26103 Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
§ 777. Installation Requirements.
Reserve lighting and outage indicating systems shall meet the follow-
ing installation requirements:
(a) Outage Indicator Location. Outage indicator lamps shall be
mounted where they are clearly visible to the driver.
(b) Connection to Vehicle Lighting System. After market installation
and connection of the device to the vehicle lighting system shall be as fol-
lows:
(1) Headlamp Section. The headlamp section shall be connected into
the headlamp upper and lower beam circuits at the beam changing
switch.
(2) Rear Lighting Section. The taillamp element of the rear lighting
section shall be series-connected in the taillamp circuit between the
switch and the lamps, and the stoplamp element shall be series-con-
nected in the stoplamp circuit immediately following the stoplamp
switch.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
Page 53
Register 2001, No. 2; 1-12-2001
§780
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
TABLE I. PHOTOMETRIC REQUIREMENTS FOR RUNNING LAMPS
Article 17. Running Lamps
§ 780. Scope.
This article applies to running lamps permitted by Vehicle Code Sec-
tion 25 1 00.
Running lamps may meet either the requirements of this article or Fed-
eral Motor Vehicle Safety Standard 108 effective February 10, 1993.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24102,
26103 and 26104, Vehicle Code.
History
1. Change without regulatory effect amending section filed 9-9-93 pursuant to
title 1, section 100, California Code of Regulations (Register 93, No. 37).
§781. Minimum Size.
Running lamps shall have an effective projected luminous area of at
least 78 cm2 (12 in. 2).
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
§ 782. Mechanical Test Requirements.
Running lamps shall meet the following mechanical test requirements:
(a) Housings for Sealed and Semisealed Optical Units. Housings for
sealed or semisealed optical units shall comply with the following tests
described in Article 5 of this subchapter:
Corrosion
Vibration
Warpage (when plastic housings are used)
(b) Complete Assemblies. Assemblies consisting of a housing with a
nonsealed unit or separable bulb, lens, or reflector shall comply with the
following tests described in Article 5 of this subchapter:
Corrosion
Dust
Moisture
Vibration
Warpage (when plastic lenses or housings are used)
(c) Sealed or Semisealed Optical Units. Sealed or semisealed optical
units shall comply with the following tests described in Article 5 of this
subchapter:
Corrosion (when metal reflector backs or replaceable bulbs are used)
Vibration (when filament shields or replaceable bulbs are used)
Warpage (when plastic lenses or reflectors are used)
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
§ 783. Photometric Test Requirements.
The luminous intensity of a running lamp tested as specified in Article
4 of this subchapter, and with a reaim tolerance of 0.25 deg allowed at
any test point, shall be as shown in Table I.
Test point coordinates
Vertical Horizontal
Cd
Min
4U
10L
V
10R
100
400
100
2U
10L
5L
V
5R
10R
500
1,500
1,500
1,500
500
10L
5L
V
5R
10R
500
1,500
1 ,500
1 ,500
500
2D
10L
5L
V
5R
10R
300
700
1,500
700
300
10L
100
4D
V
400
10R
100
NOTE: Maximum anywhere in the beam shall not exceed 5,000 cd.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
Article 18. School Bus Sidelamps
§ 785. Scope.
This article applies to lamps permitted on the sides of school buses by
Vehicle Code Section 25 1 02.5.
NOTE: Authority cited: Sections 25102.5 and 26103, Vehicle Code. Reference:
Sections 24012, 25102.5, 26103 and 26104, Vehicle Code.
§ 786. General Requirements.
School bus sidelamps shall be any of the following types of devices
meeting their respective requirements in FMVSS 108 or this title. Hous-
ings shall meet the requirements for headlamp, driving lamp, or passing
lamp housings, and optical units shall be of the following types:
(a) Single- or double-filament sealed beam headlamp unit with the
words "Sealed Beam" molded on the face of the lens. Double-filament
units shall have both beams burning.
(b) Sealed driving lamp unit
(c) Sealed passing lamp unit
NOTE: Authority cited: Sections 25102.5, and 26103, Vehicle Code. Reference:
Sections 24012, 25102.5 and 26103, Vehicle Code.
Article 19. Side-Mounted and
Supplemental Signal Lamps
§ 790. Scope.
This article applies to supplemental turn signal lamps, supplemental
stop lamps, and side-mounted turn signal lamps governed by Vehicle
Code Sections 24603 and 24953.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012,
26103 and 26104, Vehicle Code.
History
1. Amendment filed 4-5-83; effective thirtieth day thereafter (Register 83, No.
15).
§791. Definitions.
(a) Side-Mounted Turn Signal Lamp. A "side-mounted turn signal
lamp" is a lighting device designed to be used in addition to the required
turn signals to give a flashing signal on the side toward which the driver
intends to turn or move.
(b) Supplemental Stoplamp. A "supplemental stoplamp" is a lamp that
operates simultaneously with and in addition to the required stoplamp.
Page 54
Register 2001, No. 2; 1-12-2001
Title 13
Department of the California Highway Patrol
§810
(c) Supplemental Rear Turn Signal Lamp. A "supplemental rear turn
signal lamp" is a lamp that operates simultaneously with, on the same
side as, and in addition to a required rear turn signal lamp.
NOTE: Authority and reference cited: Section 26103, Vehicle Code.
History
1. Amendment filed 4-5-83; effective thirtieth day thereafter (Register 83, No.
15).
2. Amendment filed 1-8-2001; operative 2-7-2001 (Register 2001, No. 2).
§ 792. General Requirements.
(a) Combination Lamp Requirements. Side mounted and supplemen-
tal turn signal lamps may be combined with sidemarker lamps if the re-
quirements for each lamp are met.
(b) Use of Alternative Lamp Requirements. Notwithstanding Section
794 of this title, lamps meeting the requirements for stop or turn signal
lamps may be used as supplemental stop lamps or supplemental turn sig-
nal lamps.
(c) Simultaneous Flash Requirements. If side-mounted turn signal
lamps flash when the hazard warning switch is activated, all such lamps
shall flash simultaneously with the rear turn signal lamps. On vehicles
equipped with sequential turn signal lamps, side-mounted turn signal
lamps shall flash simultaneously with the front turn signal lamps.
(d) Grandfathered Lighting Requirements. Side-mounted turn signal
lamps installed before January 1, 1967, may be yellow turn signal lamps
or yellow combination clearance and sidemarker lamps.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012,
24603, 24953 and 26103, Vehicle Code.
History
1. Amendment filed 4-5-83; effective thirtieth day thereafter (Register 83, No.
15.)
2. Repealer and new subsection (a), repealer of subsection (c) and subsection relet-
tering filed 6-23-92; operative 7-23-92 (Register 92, No. 26).
3. Amendment filed 1-8-2001; operative 2-7-2001 (Register 2001, No. 2).
§ 793. Mechanical Test Requirements.
Side-mounted turn signal lamps and supplemental stop or turn signal
lamps shall meet the following mechanical test requirements in Article
5 of this chapter:
(a) Corrosion
(b) Dust
(c) Moisture
(d) Vibration
(e) Warpage (for plastic lenses and housings).
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012,
26103 and 26104, Vehicle Code.
History
1. Amendment filed 1-8-2001; operative 2-7-2001 (Register 2001, No. 2).
§ 794. Photometric Test Requirements.
Side-mounted turn signal lamps and supplemental stop or turn signal
lamps shall meet the following photometric requirements when tested as
specified in Article 4 of this chapter:
(a) Standards for Side-Mounted Turn Signal Lamps. Side-mounted
turn signal lamps shall meet one or more of the following standards, as
appropriate for the vehicle on which they are to be installed:
(1) SAE J914b, July 1978, Table 1 for vehicles 80 inches (2.03 m) or
more in width, regardless of length; or
(2) SAE J914b, July 1978, Table 2 for vehicles narrower than 80 in-
ches (2.03 m) in width, regardless of length; or
(3) SAE J914 NOV87, Table 1 ; or
(4) SAE J914 JAN95, Table 1; or
(5) SAE J914 JUL2003, Table 1; or
(6) SAE J2039 JUN94, Table 1; or
(7) SAE J2039 MAY2001, Table 1.
(b) Standards for Supplemental Stop or Turn Signal Lamps: Supple-
mental stop or turn signal lamps shall meet the following standard: SAE
J 186a, September 1977, Table 1.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 26103
and 26104, Vehicle Code.
History
1. Amendment filed 4-5-83; effective thirtieth day thereafter (Register 83, No.
15).
2. Repealer and new subsection (a) and amendment of Note filed 10-23-95; op-
erative 1 1-22-95 (Register 95, No. 43).
3. Amendment filed 1-8-2001; operative 2-7-2001 (Register 2001, No. 2).
4. New subsection (a)(5), subsection renumbering, amendment of newly desig-
nated subsection (a)(6) and new subsection (a)(7) filed 8-7-2007: operative
9-6-2007 (Register 2007, No. 32).
Article 20. Traffic Signal Priority Devices
NOTE: Authority and reference cited: Section 25352, Vehicle Code.
History
1. Repealer of Article 20 (Sections 795-797) filed 12-17-81; effective thirtieth
day thereafter (Register 81, No. 51).
Article 21. Warning Lamp Flashers
§ 800. Scope.
This article applies to flashers for warning lamps on emergency ve-
hicles and special hazard vehicles.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012,
26103 and 26104, Vehicle Code.
§ 801 . Performance and Durability Requirements.
Warning lamp flashers shall be designed to conform to SAE J1054,
January 1 977, except that the sum of the percent current on times of Sec-
tion 5.3 shall not apply to nonalternating flashers. The tests shall be made
at the ampere load specified by the flasher manufacturer for the adver-
tised quantity and type of bulbs and other loads for the device.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
§ 802. Thermally Operated Flashers.
Thermally operated flashers shall be tested for compliance with the
performance and durability requirements using the procedures in SAE
Jl 104, January 1 977, on a sample of the size specified in Jl 104 obtained
at random.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
§ 803. Nonthermally Operated Flashers.
Nonthermally operated flashers shall be tested for compliance with the
performance and durability requirements using two random flashers for
the performance test requirements and two other random flashers for the
durability test. Should two failures for performance or two failures for
durability tests occur, the flashers shall be considered as not meeting the
requirements. Should one failure occur for performance test or one fail-
ure occur for durability test, an additional 2 flashers for the performance
or for the durability test shall be selected at random and subjected to the
corresponding tests. If no further failures of the additional flashers occur,
the flasher shall be considered to be in compliance with the requirements.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24102
and 26103, Vehicle Code.
§ 804. Variable Load Flashers.
Variable load flashers shall comply with starting time, flash rate, and
percent of current on time requirements both with the minimum and max-
imum design loads connected and shall comply with voltage drop and du-
rability requirements with only the maximum design load connected.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012,
26103 and 26104, Vehicle Code.
Article 22. Warning Lamps
§810. Scope.
This article applies to warning lamps for emergency vehicles and spe-
cial hazard vehicles governed by Vehicle Code Sections 25252 through
25282.
Page 55
Register 2007, No. 42; 10-19-2007
§811
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012,
26103 and 26104, Vehicle Code.
History
1 . Amendment filed 1 1-25-2002; operative 12-25-2002 (Register 2002, No. 48).
§811. Definitions.
(a) Warning Lamp — A "warning lamp" is a lamp designed for use on
authorized emergency vehicles and prescribed types of special hazard
vehicles to indicate the existence of a traffic hazard or to signal other driv-
ers to stop or yield the right of way.
(b) Warning Lamp Assembly — A "warning lamp assembly" is a de-
vice that consists of a housing with one or more light sources and any
lenses, reflectors and any other components or devices necessary to pro-
vide the required level of performance.
(c) Warning Lamp Housing — A "warning lamp housing" is a device
that holds a warning lamp unit or the light source(s), lens(es), reflector(s)
and other components of a warning lamp assembly.
(d) Warning Lamp Unit — A "warning lamp unit" is a sealed or semi-
sealed optical unit designed to meet the dimensional specifications of
SAE J571d, June 1976, SAE J572a, January 1972, or SAE J760a, De-
cember 1974, and which meets the color and photometric requirements.
(e) Flashing Lamp — A "flashing lamp" is a lamp in which the emitted
light in a particular direction alternates between on and off either electri-
cally by controlling the current or mechanically by a revolving, oscillat-
ing, or other mechanism, or by other means such that the light output in
a given direction is discernibly and regularly interrupted or intermittent
at the required periodic rate.
(f) Steady-burning Lamp — A "steady burning lamp" is a lamp in
which the emitted light in any direction is uninterrupted.
(g) Light Source — A "light source" is an individual incandescent
bulb, light emitting diode, are discharge bulb or other device that pro-
duces visible light whenever appropriate electrical energy is supplied to
it.
(h) Light Pulse — A single, visually continuous emission of optical en-
ergy. High frequency modulation is permitted (reprinted with permission
from SAE J595 [January 2005] © 2005 SAE International).
(i) Flash — A flash is a light pulse, or a train of light pulses, where a
dark interval of at least 160ms separates the light pulse or the last pulse
of the train of light pulses from the next pulse or the first pulse of the next
train of light pulses. To be considered a train of light pulses, each pulse
in the train must begin within 100ms after the end of the preceding light
pulse. Dark interval luminous intensity shall not exceed two percent of
the maximum luminous intensity of a flash (reprinted with permission
from SAE J595 [January 2005] © 2005 SAE International).
(j) On-time — Summation of the light pulse(s) within a flash.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Section 26103,
Vehicle Code.
History
1 . Amendment filed 1 1-25-2002; operative 12-25-2002 (Register 2002, No. 48).
2. New subsections (h)-(j) filed 10-17-2007; operative 11-16-2007 (Register
2007, No. 42).
§ 81 2. Classification of Warning Lamps.
Five classes of warning lamps are established as follows:
Class A: High intensity, concentrated-beam lamp
Class B: Moderate intensity, wide-beam lamp
Class C: High intensity, wide-beam lamp
Class D: Motorcycle front warning lamp
Class E: Revolving, oscillating, or gaseous discharge lamp
NOTE: Authority and reference cited: Section 26103, Vehicle Code.
§ 813. General Requirements.
(a) Flash Rate. Flashing warning lamps, other than gaseous discharge
lamps, shall operate at a rate of 60 to 120 flashes per minute, with a 40
to 60 percent on-time under all operating conditions. The time between
the end of one flash and the beginning of the following flash for a gaseous
discharge lamp shall not exceed 0.85 seconds, which corresponds to a
minimum of 70 flashes per minute. Flashes having a light output less than
the required minimum shall not be counted in reporting flash rate. Light
pulses having a light output less than the required minimum shall not be
included in the on-time.
(b) Voltage. Warning lamps manufactured for more than one voltage
shall comply with all requirements of this title when tested at each volt-
age. Warning lamps designed to operate on a rated voltage of 12 volts
shall be tested at 1 2.8 volts. Warning lamps designed to operate on a rated
voltage of 24 volts shall be tested at 25.6 volts. Warning lamps designed
to operate on a rated voltage of other than 1 2 or 24 volts shall be tested
at a voltage equivalent to the voltage provided by the vehicle storage bat-
tery charged to 100% capacity with no current drain.
(c) Exterior Lens Surface. The outside surface of the illuminated sec-
tion of the lens shall be smooth with no ribs, ridges, or indentations other
than marks of identification, screw holes, and aiming pads.
(d) Double-Faced Lamps. Steady burning double-faced lamps shall
have opaque dividers to minimize exterior light shining through the
lamp.
(e) Multiple Light Source Lamps. Lamps with two or more individual
light sources shall have all light sources operating together when the
lamp is steady burning or flashing.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
History
1 . Amendment filed 1 1-25-2002; operative 12-25-2002 (Register 2002. No. 48).
2. Amendment of subsection (a) filed 10-17-2007; operative 11-16-2007 (Regis-
ter 2007, No. 42).
§ 814. Mechanical Test Requirements.
Warning lamps shall comply with the following mechanical tests de-
scribed in Article 5 of this subchapter:
Corrosion
Dust
Lens recession
Vibration
Warpage (when plastic lenses or housings are used)
None of the above tests are required on all-glass sealed warning lamp
units, and the dust and moisture tests are not required on housings for all-
glass units.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
§ 815. Temperature and Durability Test Requirements.
Flashing warning lamps shall meet the following additional require-
ments, with all tests conducted on the same sample in the order shown:
(a) High Temperature Test. The sample shall be mounted in normal
operating position in a circulating air cabinet for 6 hours at 49 ± 3 de-
grees C(120±5 degrees F). The device shall be off during the first hour
and shall operate continuously for the next 5 hours with the required volt-
age applied at the device terminals.
(b) Low Temperature Test. The sample shall be mounted in normal op-
erating position in a circulating air cabinet for 6 hours at -32 + 3 degrees
C (-25 ± 5 degrees F). The device shall be turned on at the end of the
sixth hour and operated for 3 minutes with the required test voltage ap-
plied at the device terminals before measuring the flash rate.
(c) Durability Test. The sample shall be operated continuously for 200
hours at room temperature in cycles consisting of 50 minutes on and 10
minutes off at the required test voltage.
(d) Required Performance. The device shall operate satisfactorily dur-
ing the tests specified in preceding subdivisions (a), (b), and (c) with no
evidence of malfunction. The flash rate shall remain within the required
rate for the type of lamp except that the flash rate for lamps used in the
low temperature test shall not be less than 50 flashes per minute. The volt-
age at the terminals of the warning lamp assembly shall be not more than
0.50 volt below the input terminal voltage of 12.8 volts for 12 volt units
and not more than 1.0 volt below the required input terminal voltage for
lamps intended to operate at 24 volts or more with the device operating.
Measurements for the low temperature test shall be made 3 minutes after
the beginning of the last hour of operation and at the end of the test. Mea-
surements for the high temperature test shall be made at the end of the
Page 56
Register 2007, No. 42; 10-19-2007
Title 13
Department of the California Highway Patrol
§817
test. Measurements for the durability test shall be made at 100 hours and
at the end of the test.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
History
1. Amendment of subsections (b) and (d) filed 12-17-81; effective thirtieth day
thereafter (Register 81, No. 51).
2. Amendment filed 1 1-25-2002; operative 12-25-2002 (Register 2002, No. 48).
§ 816. Color Requirements.
Warning lamps shall meet the following limits in SAE J578d, Septem-
ber 1978. The color shall be that of the emitted light, not that of the mate-
rial used for the lens or filter.
(a) Class A and D Warning Lamps: Red
(b) Class B, C, and E Warning Lamps: Red, yellow, or blue.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
§ 817. Photometric Test Requirements.
The luminous intensity of warning lamps tested as specified in Article
4 of this subchapter, with a reaim tolerance of ± 0.5 degree vertical and
+ 1.0 degree horizontal allowed at each test point, shall be as follows:
(a) Steady-burning Warning Lamps. Steady-burning warning lamps,
and flashing warning lamps which alternate between on and off by elec-
trically controlling the current supplied to the lamp, shall meet the re-
quirements in Table I. The photometric output of flashing lamps shall be
reported only while the lamp is on. Warning lamp units shall be aimed
for this test so the maximum intensity is on the H-V axis. Warning lamp
assemblies shall be mounted for this test in accordance with Section 657.
TABLE I.
MINIMUM CANDELA FOR STEADY-BURNING WARNING LAMPS AND FLASHING WARNING LAMPS WHICH ALTERNATE
BETWEEN ON AND OFF BY ELECTRICALLY CONTROLLING THE CURRENT
Class A
Class D
Test point
coordinates
Lamps
Class B Lamps
Class C Lamps
Lamps
Vertical
Horizontal
Red
Red
Yellow
Blue
Red
Yellow
Blue
Red
5L
15
20
50
10
10
25
5
5
10U
V
15
50
125
25
25
65
13
12
5R
15
20
50
10
10
25
5
5
5U
20L
10L
5L
V
5R
10R
20R
10
25
50
80
50
25
10
20
50
100
150
100
50
20
50
125
250
375
250
125
50
10
25
50
75
50
25
10
150
300
300
300
300
300
150
375
750
750
750
750
750
375
75
150
150
150
150
150
75
5
12
25
40
25
12
5
30L
20L
10L
5L
2 1/2L
V
2 1/2R
5R
10R
20R
30R
30
300
500
2,000
3,000
2,000
500
300
30
30
75
200
300
200
75
30
75
190
500
750
500
190
75
15
38
100
150
100
38
15
30
180
400
500
600
500
400
180
30
75
450
1,000
1,250
1,500
1,250
1,000
450
75
15
90
200
250
300
250
200
90
15
10
15
500
1,500
3,000
1,500
500
15
10
5D
30L
20L
10L
5L
V
5R
10R
20R
30R
10
25
50
80
50
25
10
20
50
100
150
100
50
20
50
125
250
375
250
125
50
10
25
50
75
50
25
10
30
200
300
450
450
450
300
200
30
75
500
750
1.100
1,100
1,100
750
500
75
15
100
150
275
275
275
150
100
15
5
12
25
40
25
12
5
5L
15
20
50
10
40
100
20
5
10D
V
15
50
125
25
40
100
20
12
5R
15
20
50
10
40
100
20
5
NOTE: Maximum anywhere in yellow shall not exceed 4,000 cd over any area larger than that generated by a radius rotated 0.25 deg.
(b) Revolving Warning Lamps. Revolving warning lamps shall meet
the requirements in either Table II or Table IV with the required test volt-
age applied to the input terminals of the complete assembly. A revolving
lamp that is designed to project a signal throughout a 360 degree horizon-
tal angle shall be tested with the lamp assembly turned about its vertical
axis to the location where the maximum candela reading from the optical
unit is reduced the most by any variations in density or shape of the trans-
parent cover or by obstructions in the lamp assembly. A revolving warn-
ing lamp that does not project light through a 360 degree horizontal angle
shall comply photometrically about those axes straight to the front, sides,
and rear of a vehicle to which the lamp is designed to provide a warning
signal. As the lamp rotates, the full projected area of the reflector of each
light unit shall be visible along the beam axis as the center of the beam
moves from 20 degrees left to 20 degrees right of the device axis.
TABLE II. MINIMUM CANDELA FOR REVOLVING WARNING LAMPS
Test point
coordinates
Vertical
Horizontal
Red
Yellow
Blue
7.5U
V
50
130
25
5U
V
500
1,250
250
2.5U
V
3,000
7,500
1,500
H
V
5.000
12,500
2,500
2.5D
V
3,000
7,500
1,500
5D
V
500
1,250
250
7.5D
V
50
130
25
Page 57
Register 2007, No. 42; 10-19-2007
§818
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(c) Oscillating Warning Lamps. Oscillating warning lamps shall meet
the requirements in Table III with the required test voltage applied to the
input terminals of the complete assembly.
TABLE III.
MINIMUM CANDELA FOR OSCILLATING WARNING
LAMPS
Test point
coordinates
Vertical
Horizontal
Red
Yellow
Blue
7.5U
V
50
130
25
5U
V
500
1 ,250
250
2.5U
V
3,000
7,500
1,500
20L
500
1,250
250
10L
1 ,200
3.000
600
5L
3,300
8,250
1 ,650
H
V
5,000
12.500
2,500
5R
3.300
8,250
1,650
10R
1,200
3.000
600
20R
500
1.250
250
2.5D
V
3,000
7,500
1,500
5D
V
500
1,250
250
7.5D
V
50
130
25
(d) Gaseous Discharge Warning Lamps. Gaseous discharge warning
lamps shall meet the requirements in Table IV with the required test volt-
age applied to the input terminals of the complete assembly. Lamps pro-
ducing 360 degree light output shall be rotated in the photometric test to
the point where the lowest H-V reading is recorded, at which location the
lamp shall meet the flash energy requirements. The candela-seconds
shall be reported as the average for ten consecutive flashes.
(e) Alternative Technologies. Nothing in this standard shall be
construed to prohibit the use of any appropriate technology for light
sources provided the appropriate photometric and other requirements for
the type of lamp are met. Steady-burning warning lamps, and flashing
lamps which alternate between on and off by interrupting the electrical
current to the lamp, shall meet the photometric requirements of Class A,
B, C orD as shown in Table I. Warning lamps which approximate or sim-
ulate the appearance of revolving warning lamps shall meet the photo-
metric requirements of Table II. Warning lamps which approximate or
simulate the appearance of oscillating warning lamps shall meet the pho-
tometric requirements of Table III.
(f) Removal from Service. Any warning lamp assembly which notice-
ably fails to function properly shall be removed from service. Warning
lamp assemblies which utilize multiple light sources shall be removed
from service if any individual light source fails to function properly.
TABLE IV.
MINIMUM CANDELA-SECONDS FOR GASEOUS
DISCHARGE WARNING LAMPS
Test point
coordinates
Vertical
Horizontal
Red
Yellow
Blue
7.5U
V
5
12
3
5U
V
10
25
5
2.5U
V
30
75
15
20L
5
12
3
10L
12
30
6
5L
33
82
17
H
V
50
125
25
5R
33
82
17
10R
12
30
6
20R
5
12
3
2.5D
V
30
75
15
5D
V
10
25
5
7.5D
V
5
12
3
NOTE: The L and R test points do not apply to 360-deg lamps.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
History
1. Amendment filed 1 1-25-2002; operative 12-25-2002 (Register 2002, No. 48).
§ 818. Type of Warning Lamps Used on Emergency
Vehicles and Special Hazard Vehicles.
Warning lamps on emergency vehicles and special hazard vehicles
shall be of the following types:
(a) Required Red Warning Lamps on Authorized Emergency Ve-
hicles. The steady burning red warning lamp required to be visible to the
front of an authorized emergency vehicle by Vehicle Code Section 25252
shall be a Class A, B or C warning lamp. Motorcycles may instead be
equipped with two Class D warning lamps in the front, one of which may
flash.
(b) Permitted Additional Red Warning Lamps on Authorized Emer-
gency Vehicles. The additional steady burning or flashing red warning
lamp permitted by Vehicle Code Section 25252 shall be a Class A, B, C,
or E warning lamp.
(c) Permitted Yellow Warning Lamps on Authorized Emergency Ve-
hicles. The additional flashing yellow warning lamp permitted on autho-
rized emergency vehicles by Vehicle Code Section 25259 shall be a Class
B, C, or E warning lamp. Two yellow motorcycle turn signal lamps may
be used as warning lamps on the rear of motorcycles.
(d) Permitted Blue Warning Lamps on Police Vehicles. The additional
flashing or steady burning blue warning lamp permitted by Vehicle Code
Section 25258(b) shall be Class B, C, or E.
(e) Required Yellow Warning Lamps on Tow Cars. The flashing yel-
low warning lamp required on tow cars by Vehicle Code Section 25253
shall be a Class B, C, or E warning lamp. The flashing yellow warning
lamp permitted to be displayed to the rear of a tow car while towing a ve-
hicle and moving at a speed slower than the normal flow of traffic may
be a 360-degree revolving or gaseous discharge lamp. In such case, the
front and side areas of the lens or transparent cover that extends back to
45 degrees to each side of the straight-to-the-rear axis of the lamp shall
be covered with opaque material reaching to the top of the lighted area.
A revolving lamp may instead be equipped with a device that turns each
light source off during the forward three-fourths of its rotation.
(f) Permitted Yellow Warning Lamps on Special Hazard Vehicles.
The flashing yellow warning lamps permitted on special hazard vehicles
by Article 7 of Division 12 of the Vehicle Code beginning with Section
25252, shall be a Class B, C, or E warning lamp, depending on whether
the lamp is permitted to be displayed only to the front and rear or to the
front, sides, and rear.
(g) Warning Lamps for Undercover Cars. The required steady-burn-
ing forward-facing warning lamps on authorized emergency vehicles
with special plates permitted by Vehicle Code Section 5001 shall be a
class A, B, or C. This warning lamp may also be a fixed or handheld red
spotlamp with a filament of at least 30 watts, and producing at least 3,000
candela in red at the brightest point in the beam. Such a lamp need not
meet any of the other requirements of this article except for color. Addi-
tional steady-burning or flashing warning lamps shall be class A, B, C,
or E. These warning lamps may be displayed through transparent or
translucent material provided the light, of proper color, is plainly visible
and understandable in bright sunlight and during darkness, under normal
atmospheric conditions, to a distance of 800 feet from the vehicle. These
lights shall not transfigure, disrupt or mask any other required lighting
device.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
History
1. Amendment of subsections (e) and (g) filed 11-25-2002; operative
12-25-2002 (Register 2002, No. 48).
Article 23. School Bus Strobe Lamps
§819. Scope.
This article applies to white strobe lamps permitted on school buses by
Vehicle Code section 25257.7.
NOTE: Authority cited: Sections 25257.7 and 26103, Vehicle Code. Reference:
Sections 24012, 25257.7 and 26103, Vehicle Code.
Page 58
Register 2007, No. 42; 10-19-2007
Title 13
Department of the California Highway Patrol
§904
History
1. New section filed 3-8-91; operative 4-7-91 (Register91, No. 15).
2. Editorial correction of NOTE (Register 91, No. 31).
§ 820. School Bus Strobe Lamp.
School bus strobe lamps shall meet the requirements in SAE J 1318.
April 1986 for a 360 degree white gaseous discharge warning lamp with
minimum photometric values equal to the requirements of a SAE class
2 lamp.
NOTE: Authority cited: Sections 25257.7, and 26103, Vehicle Code. Reference:
Sections 24012. 25257.7 and 26103. Vehicle Code.
History
1. New section filed 3-8-91; operative 4-7-91 (Register 91, No. 15).
Chapter 3. Laboratories
NOTE: Authority cited: Section 2402, Vehicle Code. Reference: Section 2402.5,
Vehicle Code.
History
1 . Repealer of Subchapter 3 (Sections 850-859) filed 5-29-80; designated effec-
tive 7-1-80 (Register 80, No. 22). For prior history, see Registers 69, No. 29;
69, No. 30; 71, No. 20; 72, N. 15; and 78, No. 16.
Chapter 4. Special Equipment
Article 1 . Bunk Stake Assemblies
§ 900. Scope.
NOTE. Authority and reference cited: Sections 26103 and 29200, Vehicle Code.
History
1. Repealer of Article 1 (Sections 950-954) and new Article 1 (Sections 900-905)
filed 5-24-72; designated effective 7-1-72 (Register 72, No. 22).
2. Repealer of Article 1 (Sections 900-905) and new Article 1 (Sections 900-906)
filed 6-1 8-80; designated effective 8-1-80 (Register 80, No. 25). Forprior his-
tory, see Register 72, No. 30.
3. Editorial correction of NOTE (Register 81, No. 44).
4. Renumbering of Article 1 to Article 4.5 (Sections 1339. 1-1339.6) and repealer
of Section 900 filed 2-8-85; effective thirtieth day thereafter (Register 85, No.
6).
§901. Definition.
NOTE: Authority and reference cited: Sections 26103 and 29200, Vehicle Code.
History
1. Editorial correction of NOTE (Register 81, No. 44).
2. Renumbering of Section 901 to Section 1339.1 filed 2-8-85; effective thirtieth
day thereafter (Register 85, No. 6).
§ 902. Identification Markings.
NOTE: Authority and reference cited: Sections 26103 and 29200, Vehicle Code.
History
1. Editorial correction of NOTE (Register 81, No. 44).
2. Renumbering of Section 902 to Section 1 339.2 filed 2-8-85; effective thirtieth
day thereafter (Register 85, No. 6).
§ 903. General Requirements.
NOTE: Authority and reference cited: Sections 26103 and 29200, Vehicle Code.
History
1 . Editorial correction of NOTE (Register 81 , No. 44).
2. Renumbering of Section 903 to Section 1 339.3 filed 2-8-85; effective thirtieth
day thereafter (Register 85, No. 6).
§ 904. Test Requirements for Bunk Stakes for Large Logs.
NOTE: Authority and reference cited: Section 26103, Vehicle Code.
[The next page is 59.]
Page 58.1
Register 2007, No. 42; 10-19-2007
Title 13
Department of the California Highway Patrol
§932
History
1. Editorial correction of NOTE (Register 81, No. 44).
2. Renumbering of Section 904 to Section 1339.4 filed 2-8-85; effective thirtieth
day thereafter (Register 85, No. 6).
§ 905. Test Requirements for Bunk Stakes for Small Logs.
NOTE: Authority and reference cited: Section 26103, Vehicle Code.
History
1. Editorial correction of NOTE (Register 81, No. 44).
2. Renumbering of Section 905 to Section 1339.5 filed 2-8-85; effective thirtieth
day thereafter (Register 85, No. 6).
§ 906. Bunk Stake Width.
NOTE. Authority and reference cited: Section 26103, Vehicle Code.
History
1. Editorial correction of NOTE (Register 81, No. 44).
2. Renumbering and amendment of Section 906 to Section 1339.6 filed 2-8-85;
effective thirtieth day thereafter (Register 85, No. 6).
Article 2.
Compressed and Liquefied Gas
Fuel Systems
§ 930. Scope.
This article applies to liquefied petroleum gas and compressed or li-
quefied natural gas systems approved by the Air Resources Board for
propulsion of motor vehicles with a gross vehicle weight rating of 6,000
pounds or less manufactured after January 1, 1966, and all vehicles re-
gardless of gross vehicle weight rating manufactured after January 1 ,
1969. This article does not apply to any motor vehicle with a diesel en-
gine that has been converted to the use of gaseous fuel before January 1,
1973.
NOTE: Authority cited: Section 2402.6, Vehicle Code. Reference: Section 2402.6,
Vehicle Code.
History
1 . New article 2 (§§ 930 through 936) filed 6-1 3-72; designated effective 7-15-72
(Register 72, No. 25). For history of former article 2, see Register 69, No. 45.)
2. Repealer and new article 2 (sections 930 through 936) filed 5-14-76; designated
effective 7-1-76 (Register 76, No. 20).
3. Amendment filed 9-22-81; effective thirtieth day thereafter (Register 81, No
39).
4. Amendment filed 1-25-94; operative 2-24-94 (Register 94, No. 4).
5. Change without regulatory effect amending section filed 5-1 1-95 pursuant to
section 100, title 1, California Code of Regulations (Register 95, No. 19).
§ 931 . Definitions.
The following definitions shall apply wherever the terms are used in
this article:
(a) Allowable Working Pressure. "Allowable working pressure"
means the pounds per square inch for which the container was con-
structed, or if conditions have changed, the maximum pressure at speci-
fied temperatures permitted at the most recent inspection by a certified
inspector.
(b) Alteration. "Alteration" means any change in the construction, de-
sign, or installation of a container that affects the strength or safety of the
system.
(c) ASME Code. "ASME Code" means the American Society of Me-
chanical Engineers Boiler and Pressure Vessel Code: Section VIII, Divi-
sion 1, and Section IX of the 1971 and later editions.
(d) ASTM. "ASTM" means the American Society for Testing and Ma-
terials.
(e) Certified Inspector. "Certified inspector" means any person who
holds a certificate issued by the Division of Industrial Safety of the Cali-
fornia Department of Industrial Relations certifying that he is qualified
to inspect unfired pressure vessels.
(f) CFR. "CFR" means Code of Federal Regulations.
(g) CGA. "CGA" means the Compressed Gas Association.
(h) DOT. "DOT" means the U. S. Department of Transportation.
(i) Fuel Supply Container. "Fuel supply container" means a tank or
cylinder installed on a vehicle to supply fuel for the propulsion system
of the vehicle.
(j) ICC. "ICC" means the Interstate Commerce Commission (now
functionally superseded by DOT in matters relating to safety).
(k) Supply Line. "Supply line" means the piping, tubing, or hose, in-
cluding all related fittings, through which vapor or liquid passes between
the first shut-off valve at the container and the final stage regulator or va-
porizer.
(/) NFPA. "NFPA" means the National Fire Protection Association.
(m) UL. "UL" means the Underwriters' Laboratories, Inc.
(n) Vaporizer. "Vaporizer" means a device that converts liquefied nat-
ural gas and liquefied petroleum gas to the gaseous state by means of
heat.
NOTE: Authority and reference cited: Section 2402.6, Vehicle Code.
History
1. History: Editorial correction adding NOTE filed 4-28-83 (Register 83, No. 1 8).
§ 932. Reference Publications.
Regulatory, statutory, and informational publications may be obtained
at the addresses indicated.
(a) ASME Code. The American Society of Mechanical Engineers con-
struction codes for boilers and pressure vessels may be obtained from:
UNITED ENGINEERING CENTER
345 EAST 47TH STREET
NEW YORK, NY 10017
(b) ASTM Standards. The American Society for Testing and Materials
Standards may be purchased from:
AMERICAN SOCIETY FOR TESTING AND MATERIALS
1916 RACE STREET
PHILADELPHIA, PA 19103
(c) Bureau of Explosives. Information on approval of safety devices
by the Bureau of Explosives may be obtained from:
BUREAU OF EXPLOSIVES
ASSOCIATION OF AMERICAN RAILROADS
50 F STREET, N.W.
WASHINGTON, D.C. 20001
(d) California Code of Regulations. The California Code of Regula-
tions, Titles 8 and 13 may be purchased from:
BARCLAYS OFFICIAL CODE OF REGULATIONS
P.O. BOX 2006
SAN FRANCISCO, CA 94126
WWW.BARCLAYSCCR.COM
(e) California Vehicle Code. A copy of the Vehicle Code may be pur-
chased from any Department of Motor Vehicles office in California. Per-
sons outside California should write to:
DEPARTMENT OF MOTOR VEHICLES
DIVISION OF ADMINISTRATION
P.O. BOX 942864
SACRAMENTO. CA 94269-0001
(f) CGA Pamphlet. The Compressed Gas Association pamphlet may
be obtained from:
COMPRESSED GAS ASSOCIATION. INC.
500 FIFTH AVENUE
NEW YORK, NY 10036
(g) Code of Federal Regulations. The Code of Federal Regulations,
Title 49, "Transportation," may be purchased from:
SUPERINTENDENT OF DOCUMENTS
U. S. GOVERNMENT PRINTING OFFICE
WASHINGTON, DC 20402
(h) NFPA Standards. NFPA standards may be purchased from:
NATIONAL FIRE PROTECTION ASSOCIATION
1 BATTERYMARCH PARK
QUINCY, MA 02669
NOTE: Authority cited: Section 2402.6, Vehicle Code. Reference: Section 2402.6,
Vehicle Code.
Page 59
Register 2007, No. 34; 8-24-2007
§933
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
History
1. Editorial correction adding Note filed 4-28-83 (Register 83, No. 18).
2. Change without regulatory effect of subsection (d) filed 2-8-88; operative
3-9-88 (Register 88, No. 7).
3. Change without regulatory effect amending subsection (d) filed 9-24-91 pur-
suant to section 100, title 1, California Code of Regulations (Register 91, No.
52).
4. Amendment of subsections (c), (d) and (e) and new subsection (h) filed
1-25-94; operative 2-24-94 (Register 94, No. 4).
5. Amendment of subsections (d) and (g)-(h) filed 8-21-2007; operative
9-20-2007 (Register 2007, No. 34).
§ 933. Liquefied Petroleum Gas.
(a) NFPA Standard. This section incorporates by reference the Nation-
al Fire Protection Association Standard 58 (NFPA 58), 1998 edition.
(1 ) All liquefied petroleum gas (LPG) fuel systems installed on or after
January 1, 2000 shall comply with NFPA 58, 1998 edition, in addition
to requirements of subsection (b) of this section.
(2) Grandfather Clause. LPG fuel systems installed before January 1,
2000, shall comply with NFPA 58, 1 998 edition, including the additional
requirements listed in subsection (b), or with Sections 933.1 and 936 of
this title.
(b) Additional Requirements. All LPG fuel systems complying with
the NFPA 58, 1998 edition, shall also comply with the following:
(1) Wherever the word "should" appears in NFPA 58, 1998 edition,
it shall be understood to set forth mandatory requirements.
(2) Fuel tanks shall be oriented and mounted in accordance with the
tank manufacturer's recommendations and in a location designated by
the vehicle manufacturer, in the location normally utilized for liquid
(gasoline or diesel) fuel containers for that make and model of vehicle,
or as determined by a qualified engineer. Fuel tanks shall not be mounted
above any driver or passenger compartment.
(3) NFPA 58, 1998 edition, specifies that certain systems and compo-
nents shall be approved by the authority having jurisdiction. The Depart-
ment of California Highway Patrol has jurisdiction over these regulations
but does not approve individual systems or components. Users and in-
stallers are responsible for use of proper components and for their proper
installation as specified in NFPA 58, 1998 edition.
(4) The California Highway Patrol has no authority over LPG storage
or dispensing facilities, nor over LPG fuel systems used in conjunction
with auxiliary equipment.
NOTE: Authority cited: Section 2402.6, Vehicle Code. Reference: Section 2402.6,
Vehicle Code.
History
1. Amendment of subsections (a) and (h) filed 12-29-81; effective thirtieth day
thereafter (Register 82, No. 1).
2. Renumbering of former section 933 to new section 933.1 and new section 933
filed 8-9-99; operative 9-8-99 (Register 99, No. 33).
§ 933.1. Grandfathered Liquefied Petroleum Gas
Requirements.
Fuel systems using liquefied petroleum gas (LPG) installed before
January 1, 2000, shall comply with Section 933 above, or shall meet the
following requirements in addition to those in Section 936 of this title:
(a) Fuel Supply Container. Each LPG fuel supply container shall be
constructed, inspected, and permanently marked in accordance with the
appropriate DOT regulation or ASME code. Containers constructed to
the DOT regulations shall have a minimum service pressure of 240 psi.
Containers constructed to the ASME code shall have a minimum work-
ing pressure of 250 psi. Every container shall be equipped with an outage
valve or fixed liquid level gage to indicate when the container is 79.8%
full. A float gage does not meet the requirements for an outage valve or
a fixed liquid level gage. Outage valves on containers installed on school
buses shall be tamper-resistant or contained within a locked compart-
ment.
(b) Two or More Containers. When two or more containers are used,
a backflow check valve shall be installed in each fuel line to prevent pass-
ing of fuel between tanks during filling operations. A hydrostatic relief
valve with a pressure setting not lower than 350 psi nor higher than 500
psi shall be installed between the backflow check valves and the gaseous
fuel cutoff valve to the carburetor.
(c) Identification Markings. Each LPG fuel supply container shall be
permanently marked as follows:
(1) Markings on containers constructed to the ASTM Code shall in-
clude:
(A) Official ASME Code U symbol
(B) Manufacturer's name, initials, or trademark
(C) Maximum allowable working pressure ( psi at F)
(D) Serial number
(E) Year built
(F) The words "FOR LP GAS ONLY" in letters not less than 1 in. high
and visible after installation (DecaJs or stencils are acceptable.)
(2) Permanent markings on containers constructed to DOT regulations
shall include:
(A) The letters DOT or ICC with the appropriate specification and ser-
vice pressure
(B) Serial number
(C) Year tested
(D) Manufacturer's name, initials, or trademark, as registered with
DOT
(E) The words "FOR LP GAS ONLY" or "FOR LPG ONLY" in letters
not less than 1 in. high and visible after installation (Decals or stencils are
acceptable.)
(3) All container inlets and outlets, except those for relief valves and
gaging devices, shall be marked to designate whether they communicate
with vapor or liquid space.
(d) Valves. Valves shall be of a type that has been tested and listed by
UL or by other nationally recognized testing laboratories as meeting the
UL requirements for LPG. AH valves shall be securely mounted and
shielded or installed in a protected location to prevent damage from vi-
bration and unsecured objects.
(1) Safety Relief Valves. One or more spring-loaded internal safety
relief valves shall be installed directly in each fuel container in communi-
cation with the vapor space. The markings showing "set to discharge
pressure" shall be visible after the valves are installed in the container.
Safety relief valves for DOT fuel supply containers shall be approved by
the Bureau of Explosives, and the valve setting shall be as required by the
Bureau. The safety relief valve setting for ASME containers shall not be
less than 100% or more than 1 10% of the maximum allowable service
pressure of the container.
(A) Safety relief valves for ASME fuel containers shall be so con-
structed as to discharge at not less than the following rates before the
pressure is in excess of 120% of the maximum allowable working pres-
sure of the container:
Tank surface Airflow
area (sqft) rate (cfrn)
20 or less 626
25 751
30 872
35 990
40 1,100
45 1,220
50 1,330
55 1,430
60 1,540
65 1 ,640
70 1,750
75 1,850
80 1.950
85 2,050
90 2,150
95 2,240
100 2,340
110 2,530
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Title 13
Department of the California Highway Patrol
§934
115 2,630
120 2,720
125 2,810
130 2,900
1 35 2.990
140 3,080
145 3,170
150 3.260
155 3,350
160 3,440
165 3,530
170 3.620
175 3.700
180 3,790
1 85 3,880
190 3,960
195 4,050
200 4,130
(B) Permanent markings on safety relief valves in ASME containers
shall include:
1. Manufacturer's name, initials, or trademark
2. Manufacturer's design or type numbers
3. Discharge pressure ( psi)
4. Discharge capacity (cfm air at 60 F and 14.7 psia)
5. ASME or UL symbol
(C) Permanent markings on safety relief valves in DOT containers
shall include:
1. Manufacturer's name, initials, or trademark
2. Catalog number
3. Discharge pressure ( psi)
4. Discharge capacity (cfm air at 60 F and 14.7 psia).
(2) Excess Flow Valve. An internal excess flow valve, designed to
close when maximum volume escapes through the smallest connection
in the supply line system, shall be installed in every fuel supply container
outlet except relief valve or gaging device outlets. The excess flow valve
shall have a bypass not to exceed a No. 60 drill size opening to allow
equalization of pressure.
(3) Check Valve. Inlet connections in the fuel supply container shall
be fitted with either an internal and external check valve, or an internal
check valve with an adjacent or remote manual shut-off valve. The inlet
of the filling system shall be capped, except when filling, to withstand the
maximum service pressure of the container. All containers installed after
January 1, 1973, shall be equipped for remote filling exterior to the ve-
hicle compartment with an internal and external check valve installed in
the container.
(4) Vapor Equalizing Valve. A vapor equalizing valve may be in-
stalled in the fuel supply container. The valve shall be capped, except
when filling, to withstand the maximum pressure of the container.
(5) Shut-off Valve. A manually operated shut-off valve shall be in-
stalled directly into the fuel supply container outlet connection serving
the supply line and shall be marked with the words "SHUT-OFF
VALVE." (Decals or stencils are acceptable.)
(e) Gage. All LPG containers shall be equipped with a liquid volume
gage, which shall be designed and installed as follows:
(1) The gaging device shall be of a type that has been listed by UL or
by other nationally recognized testing laboratories as meeting the UL re-
quirements for LPG.
(2) The gage shall be securely mounted and shielded or installed in a
protected location to prevent damage from excessive vibration and unse-
cured objects.
(3) A gage that requires bleeding of the product shall be bled to outside
of the vehicle compartment and shall be equipped with a bleeder valve.
A restricting orifice not larger than No. 54 drill size shall be inside the fuel
supply container.
(f) Pressure Reducing Regulator. An automatic pressure reducing reg-
ulator or a regulating vaporizer designed to withstand a service pressure
of at least 250 psi shall be installed between the LPG fuel supply contain-
er and the carburetor. All regulators and vaporizers shall be of a type that
has been tested and listed by UL or other nationally recognized testing
laboratories as meeting the UL requirements for LPG. The regulator or
vaporizer shall be installed so that its weight is not placed on, or sup-
ported alone by, the attached tubing or flexible lines.
(g) Vents. Every compartment in which an LPG container is installed
shall be vented to the atmosphere unless all piping and connectors are ex-
terior to the compartment. The vent or vents shall be installed at the low-
est practicable point of the compartment and shall have an open area to-
taling not less than 3 square inches.
(h) LPG Hose for High Pressure Liquid or Vapor Use. Hose and hose
assemblies shall have a working pressure of not less than 350 psi and a
burst pressure of not less than 1 750 psi. Hose shall be reinforced with cor-
rosion-resistant wire braid and shall be of a type that has been tested and
listed by UL or by other nationally recognized testing laboratories as
meeting the UL requirements for LPG. Hose shall have the following
permanent identification markings in letters and numerals at least 1/8 in.
in height at intervals of 24 in. or less:
(1) Manufacturer's name, initials, or trademark
(2) LPG or LP GAS
(3) Working pressure
NOTE: Authority cited: Section 2402.6, Vehicle Code. Reference: Section 2402.6,
Vehicle Code.
History
1 . Renumbering of former section 933 to new section 933. 1 , including amendment
of section heading, first paragraph and subsection (g), filed 8-9-99; operative
9-8-99 (Register 99, No. 33).
§ 934. Compressed Natural Gas.
Fuel systems using compressed natural gas (CNG) shall meet the fol-
lowing requirements in addition to those in Section 936 of this title:
(a) Fuel Supply Container. Each CNG fuel supply container shall be
constructed and inspected in accordance with DOT regulations and shall
have a rated service pressure of not less than 2250 psi at 70° F. It shall
not be filled beyond the working pressure stamped on the tank and
marked near the filler connection, corrected for the ambient temperature
at time of filling as prescribed by DOT.
(b) Identification Markings. Each CNG fuel supply container shall
have the following identification markings:
(1) The letters DOT with the appropriate specification and working
pressure
(2) Serial number
(3) Year tested
(4) Manufacturer's name, initials, or trademark
(5) The words "FOR CNG ONLY" in letters at least 1 in. high and vis-
ible after installation. (Decals or stencils are acceptable.)
(c) Shut-off Valve. A manually operated shut-off valve shall be in di-
rect communication with the container and shall be marked with the
words "SHUT-OFF VALVE." (Decals or stencils are acceptable.) No
valve shall be used for CNG unless it has been certified for that purpose
by the manufacturer. The shut-off valve shall be securely mounted and
shielded or installed in a protected location to prevent damage from vi-
bration and unsecured objects.
(d) Pressure Relief Devices. One or more pressure relief devices shall
be installed in the fuel supply container in communication with the fuel
and vented to the outside of the vehicle compartment. Relief devices shall
be approved as to type, size, quantity, and location by the Bureau of Ex-
plosives or meet the DOT Hazardous Materials Regulations in 49 CFR
173.34 and shall have the following permanent identification markings:
(1) Manufacturer's name, initials, or trademark
(2) Flow capacity ( cfm)
(3) Yield temperature rating ( F)
(e) Gages. Gages used in CNG systems shall be designed and installed
as follows:
(1) Gaging devices shall be designed for the most severe pressure and
temperature conditions to which the devices may be subjected with a
pressure safety factor of not less than four.
(2) Gages shall be securely mounted and shielded or installed in a pro-
tected location to prevent damage from vibration and unsecured objects.
(f) Pressure Reducing Regulators. An automatic pressure reducing
regulator or regulators shall be installed in CNG systems to reduce con-
Page 61
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§ 934.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
tainer pressure to a value consistent with the working pressure required
by the carburetor. Means shall be provided to prevent malfunction due
to refrigeration effects. Regulators shall be installed so that their weight
is not placed on, or supported alone by, the attaching line or lines. Regula-
tors shall be designed to a container's maximum working pressure and
temperature with a pressure safety factor of not less than four.
(g) Vents. Every compartment in which a CNG container is installed
shall be vented to the atmosphere, unless all piping and connections are
exterior to the compartment or vapor sealed and vented to the atmo-
sphere. The vent or vents shall be installed at the highest practicable point
of the compartment and shall have an open area totaling not less than 3
sq in.
NOTE: Authority cited: Section 2402.6, Vehicle Code. Reference: Section 2402.6,
Vehicle Code.
History
1. Editorial correction adding NOTE filed 4-28-83 (Register 83, No. 18).
2. Amendment of subsection (d) filed 1-25-94: operative 2-24-94 (Register 94,
No. 4).
3. Editorial correction of printing error in Note (Register 94, No. 4).
§ 934.1 . Compressed Natural Gas— NFPA Standard.
Fuel Systems using compressed natural gas (CNG) and installed after
April 1, 1994, shall comply with the National Fire Protection Association
(NFPA) Standard 52 (NFPA 52) "Compressed Natural Gas Vehicular
Fuel Systems Code," or NFPA 52 "Vehicular Fuel Systems Code," in ef-
fect at the time of installation. Compressed natural gas fuel systems in-
stalled before April 1, 1994, shall comply with either that standard or
with Sections 934 and 936 of this title. Additionally, whenever the word
"should" appears in NFPA 52, it shall be understood to set forth mandato-
ry requirements.
(a) Approval — NFPA 52 specifies that certain systems and compo-
nents shall be approved as being acceptable to the authority having juris-
diction. The Department of California Highway Patrol has jurisdiction
over these regulations but does not approve individual systems or com-
ponents. Users and installers are responsible for use of proper compo-
nents and for their proper installation as specified in the NFPA Standard.
(b) Exceptions — The Department of California Highway Patrol has no
authority over CNG storage, dispensing or compression facilities ad-
dressed in the NFPA standard.
NOTE: Authority cited: Section 2402.6, Vehicle Code. Reference: Section 2402.6,
Vehicle Code.
History
1. New section filed 1-25-94; operative 2-24-94 (Register 94, No. 4).
2. Amendment filed 8-21-2007; operative 9-20-2007 (Register 2007, No. 34).
§ 935. Liquefied Natural Gas.
(a) NFPA and SAE Standards. This section incorporates by reference
the National Fire Protection Association (NFPA) Standard 57, 1996 edi-
tion, and the Society of Automotive Engineers (SAE) Standard J2343 Jan
1997.
(1) All liquefied natural gas (LNG) fuel systems installed after January
1, 2000, shall comply with one of the identified standards noted above,
in addition to requirements of subsection (b) of this section.
(2) Grandfather Clause. LNG fuel systems installed before January 1 ,
2000, shall comply with either one of the identified standards noted
above, including the additional requirements listed in subsection (b), or
with Sections 935.1 and 936 of this title.
(b) Additional Requirements. All LNG fuel systems complying with
the NFPA Standard 57, 1996 edition, or the SAE Standard J2343 Jan
1997, shall also comply with the following:
(1) Wherever the word "should" appears in either the NFPA Standard
57, 1996 edition, or the SAE Standard J2343 Jan 1997, it shall be under-
stood to set forth mandatory requirements.
(2) Every motor vehicle equipped with an LNG fuel system shall be
equipped with a methane gas detection system which shall warn of the
presence of methane in the engine compartment, driver's compartment
and any passenger compartments. At a minimum, the methane gas detec-
tion system shall provide a warning before the methane gas concentration
reaches the Lower Explosive Limit. Such warning shall be plainly audi-
ble and visible to the driver before entering the driver's compartment and
while seated in the normal driving position. The gas detection system
shall function continuously at all times, whether or not the engine is oper-
ating, when the vehicle is operated or parked on public roadways or other
areas open to the public.
(3) The LNG container shall meet the drop test requirements of SAE
J2343 Jan 97 or equivalent.
(4) Fuel tanks shall be oriented and mounted in accordance with the
tank manufacturer's recommendations and in a location designated by
the vehicle manufacturer, in the location normally utilized for liquid
(gasoline or diesel) fuel containers for that make and model of vehicle,
or as determined by a qualified engineer. Fuel tanks shall not be mounted
above any driver or passenger compartment, unless a spill pan is installed
between the fuel tanks and the compartment, with a liquid capacity equal
to at least the capacity of the largest single fuel tank of a multiple tank
installation consisting of three or more fuel tanks, but not less than one-
quarter the fuel capacity of the containers located above the compartment
and capable of preventing liquid from entering the interior or dripping
into any window, door or emergency exit way. Spill pans shall be de-
signed in such a manner that rain water is not retained. The spill pan drain
shall not be directed into any confined space, the engine compartment,
muffler area, battery box or other hazardous location.
(5) Every motor vehicle equipped with an LNG fuel system shall bear
a label located at or near the fueling connection that shall include:
(A) identification of the vehicle as an LNG-fueled vehicle, and
(B) the maximum allowable working pressure of the vehicle fuel con-
tainer.
(6) The NFPA Standard specifies that certain systems and components
shall be approved by the authority having jurisdiction. The Department
of California Highway Patrol has jurisdiction over these regulations but
does not approve individual systems or components. Users and installers
are responsible for use of proper components and for their proper installa-
tion as specified in the NFPA Standard.
NOTE: Authority cited: Section 2402.6, Vehicle Code. Reference: Section 2402.6,
Vehicle Code.
History
1. Editorial correction adding NOTE filed 4-28-83 (Register 83, No. 18).
2. Renumbering of former section 935 to section 935.1 and new section 935 filed
12-29-99; operative 12-29-99 pursuant to Government Code section
1 1343.4(d) (Register 99, No. 53).
§ 935.1. Grandfathered Liquefied Natural Gas
Requirements.
Fuel systems using liquefied natural gas (LNG) installed before Janu-
ary 1, 2000, and not in compliance with Section 935 above, shall meet
the following requirements in addition to those in Section 936 of this title:
(a) Fuel Supply Container. Each LNG fuel supply container shall be
constructed and inspected in accordance with 49 CFR 178.57 specifica-
tion 4L for welded insulated cylinders, including the general require-
ments contained in 49 CFR 178.35 with the exception of Sections
178.35(e) and 178.35(f). Each LNG container shall meet the following
additional requirements:
(1) The unrelieved fuel pressure inside the container shall not exceed
100 psi within a total 72-hour period consisting of 48 hours at 60 degrees
F, 1 2 hours at 70 degrees F, and 1 2 hours at 90 degrees F ambient temper-
atures when the container has been filled with LNG conditioned at one
atmosphere.
(2) The container shall be equipped with a liquid level gauging device
and a dip tube to prevent filling beyond 90% by volume at atmospheric
pressure.
(3) Each completed container, including its supporting structure and
valves, enclosures, and lines normally attached thereto, shall have struc-
tural integrity to withstand damage from deceleration and acceleration
forces resulting from 30 mph front-end and rear-end collision of the type
of vehicle in which the container is installed. A test or other means shall
demonstrate that the container and its openings do not rupture in such col-
lisions.
•
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Title 13
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•
(4) Fuel Supply Container Markings. Each LNG fuel supply container
shall have the folJowing permanent identification markings:
(A) The letters CHP followed by numbers indicating the service pres-
sure
(B) Serial number
(C) Manufacturer's name, initials, or trademark as registered with the
Department of California Highway Patrol
(D) Inspector's mark
(E) Date tested
(F) The words "FOR LNG ONLY" in letters not less than 1 in. high
and visible after installation. (Decals or stencils are acceptable.)
(G) All inlets and outlets except relief valves and gauging devices shall
be marked to designate whether they communicate with vapor or liquid
space.
(b) Valves. Valves shall be certified for LNG use by the manufacturer
or certified for cryogenic service at temperatures down to and including
-320 degrees F. All valves shall be securely mounted and shall be
shielded or installed in a protected location to prevent damage from vi-
bration and unsecured objects.
(1) Safety Relief Valves. Each container shall be equipped with one
or more safety relief valves. The safety relief valve shall be installed in
a line that communicates with the vapor space of the container. A safety
relief valve shall be installed between two shut-off valves in a supply line
to prevent a buildup of pressure between the valves in the off position.
The discharge pressure of safety relief valves shall not exceed 125% of
the service pressure of the container. Relief valves shall have sufficient
capacity to meet the requirements of either the Bureau of Explosives for
approval of safety relief valves or NFPA 59(A) Appendix A and be capa-
ble of preventing explosion of the normally charged cylinder when it is
placed in afire. Relief valves shall have the following permanent identifi-
cation markings:
(A) Manufacturer's name, initials, or trademark
(B) Catalog number
(C) Discharge pressure ( psi)
(D) Discharge capacity ( cfm air at 60 degrees F and 14.7 psia).
(2) Shut-off Valves. One manually operated shut-off valve shall be
secured directly to the tank vapor outlet with no intervening fitting other
than the relief valve and shall be marked with the words "VAPOR
SHUT-OFF VALVE." Another manually operated shut-off valve shall
be secured directly to the tank liquid outlet and shall be marked with the
words "LIQUID SHUT-OFF VALVE." (Decals or stencils are accept-
able.) Normally closed automatic shut-off valves that are held open by
electrical current may be used in lieu of manual shut-off valves at either
the tank vapor port or tank liquid port, or both. An automatic shut-off
valve shall be wired so it shuts off when the ignition switch is in the off
and accessory positions and when engine vacuum is not present.
(3) Control Valve. A positive shut-off control valve shall be installed
in the fuel supply lines as close to the containers as possible, automatical-
ly closing off and preventing the flow of fuel to the carburetor when the
ignition switch is off or in the accessory position.
(c) Gauges. Gauges used in LNG systems shall be designed and in-
stalled as follows:
(1) Gauging devices shall be designed for the most severe pressure and
temperature conditions to which the devices may be subjected with a
pressure safety factor of not less than four.
(2) All gauges shall be securely mounted and shall be shielded or in-
stalled in a protected location to prevent damage from vibration and unse-
cured objects.
(3) Gauging devices that require bleeding of the product shall be bled
to the outside of the vehicle compartment.
(d) Pressure Reducing Regulators. LNG systems shall be equipped
with one- or two-stage pressure reducing regulators that reduce the pres-
sure to the level certified and approved by the California Air Resources
Board. The regulators shall be installed so that their weight is not placed
on, or supported alone by, the attaching tubing or flexible lines.
(e) Vents. Every compartment in which an LNG container is installed
shall be vented to the atmosphere unless all piping and connectors are ex-
terior to the compartment. The vent or vents shall be installed at the high-
est practicable point of the compartment and shall have an open area to-
taling not less than 3 square inches.
NOTE: Authority cited: Section 2402.6, Vehicle Code. Reference: Section 2402.6,
Vehicle Code.
History
1. Renumbering of former section 935 to section 935.1, including amendment of
section heading, section and Note, filed 12-29-99; operative 12-29-99 pur-
suant to Government Code section 1 1 343.4(d) (Register 99, No. 53).
§ 936. Installation.
The installation of liquefied petroleum gas, compressed natural gas,
or liquefied natural gas fuel systems on motor vehicles equipped with
gaseous fuel systems certified or approved by the State Air Resources
Board shall be in accordance with the following requirements:
(a) Driver, Passenger, and Luggage Compartments. Fuel supply con-
tainers on buses shall not be located in or above the passenger compart-
ment. Fuel supply containers on vehicles other than buses shall be in-
stalled and fitted so that no gas from fueling and gaging operations or
from relief valves can be released inside the driver, passenger, or luggage
compartments.
(b) Fuel Supply Containers. Fuel supply containers shall meet all ap-
propriate requirements of the ASME code, the DOT regulations, or the
regulations contained in this article and shall be marked in accordance
with Sections 933, 934, and 935 of this article. Cargo containers mounted
on a motor vehicle, but not on a trailer or semitrailer, may be used to sup-
ply fuel for the propulsion of the vehicle when the container meets the
cargo container requirements of Unfired Pressure Vessel Safety Orders,
Division of Industrial Safety, Title 8, California Code of Regulations.
Fuel supply containers other than cargo containers shall comply with the
following requirements:
(1) Each container and container cradle shall be mounted in protected
locations to minimize damage from collision.
(2) To prevent damage from road hazards, slippage, loosening, or rota-
tion, each container or cradle shall be secured to the vehicle body, bed,
or frame by either of the following means:
(A) By attaching bolts not less than 7/16 in. in diameter that meet SAE
Standard J429 for Grade 5 threaded fasteners in the 1965 or later edition
of the SAE Handbook and self-locking nuts to at least four securement
points and, where bolts pierce body metal but not the frame, by reinforc-
ing both sides of each securement point with metal plates at least 1/8 in.
thick and 7 sq. in. in area; or
(B) By using other means capable of withstanding in any direction a
static force of eight times the weight of the fully loaded container.
(3) Each container in a cradle shall be secured to its cradle by means
capable of withstanding in any direction a static force of eight times the
weight of the fully loaded container.
[The next page is 63.]
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§936
•
(4) No portion of the container or container valves in communication
with the liquid or vapor shall be located behind the rear frame crossmem-
ber of the vehicle.
(5) The weight of the container shall not in any way be supported by
outlets, valves, manifold, or other fuel connections.
(6) No part of the container shall be field welded. Only saddle plates,
brackets, or other nonpressure parts that were provided and installed by
the manufacturer of the container may be field welded.
(7) No container shall be repaired until the contemplated repair has
been authorized by a certified inspector. DOT containers shall be re-
paired under DOT regulations and control. The replacement of valves,
fittings, and accessories intended for the same purpose is not considered
a repair.
(8) Containers located less than 8 in. from the engine or exhaust system
shall be shielded against direct heat.
(c) Visibility of Required Markings. Markings of set-to-discharge
pressure for safety relief devices and working pressure of fuel supply
containers required by Sections 933, 934, and 935 of this article shall be
visible either directly or by use of a mirror after installation. All remote
filling inlets shall be visibly marked with the lowest working pressure of
any fuel supply container in the system.
(d) Discharge Lines and Outlets. All safety devices that may discharge
to the atmosphere shall be vented to the outside of the vehicle, and all dis-
charge lines and outlets shall be installed as follows:
(1) Lines shall be constructed of metal other than aluminum and shall
be of a size and so located and maintained as not to restrict the maximum
gas flow of the safety device. Flexible metallic lines shall be used when
necessary.
(2) The discharge line of a container installed inside a compartment
shall extend to the outside of the compartment.
(3) Lines shall be located as far from the exhaust outlet as is practicable
and shall direct escaping gas upward within 45 deg. of the vertical. Es-
caping gas shall not impinge upon fuel supply containers and shall not
be directed into wheel wells, at other vehicles in traffic, or at engine air
intake inlets.
(4) The discharge line from the safety relief valve on all buses shall be
located at the rear of the vehicle, directed upward, and extended to the top
of the vehicle roof.
(5) Outlets shall be protected by caps, covers, or other means to keep
water or dirt from collecting in the lines. Protective devices shall not re-
strict the flow of gas.
(6) Each line and its connectors shall withstand the pressure caused by
the discharge of vapor or liquid from a safety device in fully open posi-
tion.
(7) CNG containers may be vented to the outside of the vehicle with
a flexible bag. Such bag shall be constructed of material that is nonflam-
mable or self-extinguishing. The bag and attachments shall be capable
of withstanding an internal pressure produced by a flow rate of 300 cfm
with a safety factor of not less than four. The bag shall be shielded or in-
stalled in a protected location to prevent damage from unsecured objects
and abrasion.
(e) Manifolds. Manifolds connected to fuel containers shall be sup-
ported to minimize vibration and shall be installed in a protected location
or shielded to prevent damage from unsecured objects.
(1) A manual shut-off valve shall be installed in the outlet of the man-
ifold and marked with the words "MANUAL SHUT-OFF VALVE."
(Decals or stencils are acceptable.)
(2) A normally closed automatic shut-off valve that is held open by
electrical current may be used in lieu of a manual shut-off valve and shall
be marked with the words "AUTOMATIC SHUT-OFF VALVE." The
automatic shut-off valve shall be wired so it shuts off when the ignition
switch is in the off or accessory positions and when engine vacuum is not
present.
(f) Pipes, Tubing, Hose, and Fittings. All pipes, tubing, hoses, and fit-
tings shall meet the following requirements:
(1) All materials and assemblies shall be designed for the widest pres-
sure and temperature ranges to which they may be subjected with a pres-
sure safety factor of at least four.
(2) All material, including gasket and packing material, shall be com-
patible with the fuel used in the system and its service conditions. Alumi-
num pipe, tubing, or fittings shall not be used between the container and
first-stage regulator. Copper tubing, when used, shall be seamless and
conform to ASTM B88 types K or L.
(3) A pipe thread sealant impervious to the action of the fuel used in
the system shall be applied to all male pipe threads prior to assembly.
Only tin-silver (95% tin, 5% silver) or silver braze alloy is permitted on
sweat type joints or fittings.
(g) Supply Lines. Supply lines passing through a panel shall be pro-
tected by grommets or similar devices, which shall snugly fit both the
supply lines and the holes in the panel. Supply lines shall have a mini-
mum clearance of 8 in. from the engine exhaust system unless they are
shielded from exhaust heat. Supply lines shall be supported at least every
24 in. and shall be prevented from sagging. Damaged lines shall be re-
placed, not repaired.
(h) Automatic Fuel Supply Shut Off. An automatic fuel supply shut-
off valve shall be installed in a protected location adjacent to the manual
shut-off valve on all buses and shall be activated by engine vacuum or
oil pressure.
(i) Gaseous Fuel Cutoff. Means shall be provided in the system to pre-
vent the flow of gaseous fuel to the carburetor when the ignition is in the
off or accessory position, or from the carburetor when engine vacuum is
not present.
(j) Liquid Fuel Cut Off. Dual fuel systems using liquid and gaseous
fuel shall have an automatic shut-off valve installed in the liquid fuel line
to the carburetor.
(k) Bypass Relief Device. A bypass relief device shall be installed in
the fuel pump or between the fuel pump and the automatic shut-off valve
in the liquid fuel line to the carburetor on vehicles equipped with dual fuel
systems for the use of gasoline and gaseous fuel. The relief device need
not be installed on fuel pumps containing a bypass relief device as origi-
nal equipment.
(/) Engine Exhaust Outlet. The engine exhaust system shall extend to
the outer edge of the vehicle body or bed on passenger cars, station wag-
ons, house cars, pickup trucks with campers, buses, and delivery vans.
(m) Electrical Equipment. Radio transmitters, radio receivers, electric
motors, or other electrical equipment (except vehicle lamps and wiring)
shall not be mounted in a compartment with fuel supply containers unless
one of the following conditions is met:
(1) All piping and all connectors and valves on the fuel supply contain-
ers are exterior to and sealed from the compartment containing electrical
equipment, or
(2) All piping, connectors, and valves within the compartment are con-
tained in a vapor-tight enclosure and vented to the atmosphere exterior
of the vehicle, or
(3) The electrical equipment is contained in a vapor-tight enclosure
that is vented to the atmosphere exterior of the vehicle, or
(4) The electrical equipment is approved for use in Class I, Division
II, "Hazardous Locations," in accordance with Article E501, Title 24,
California Code of Regulations.
(n) Road Clearance. The fuel system, including the fuel supply con-
tainer, shall be installed with as much road clearance as practicable. The
lowest part of any component in the system, including protective guards,
shall not be lower than the lowest edge of the vehicle differential housing
under maximum spring deflection, except that on cargo carrying vehicles
with a gross vehicle weight rating of 6,000 lbs. or more, the lowest com-
ponent may be at the lowest part of the vehicle body.
(o) Vehicle Weight Distribution. The total weight of the vehicle with
the fuel containers filled to capacity shall not exceed the manufacturer's
load rating for any axle, wheel, or tire.
Page 63
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§937
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
NOTE: Authority cited: Section 2402.6, Vehicle Code. Reference: Section 2402.6,
Vehicle Code.
History
1. Amendment of subsection (a) filed 8-15-77; designated effective 9-15-77
(Register 77, No. 34).
2. Amendment of subsection (a) filed 12-28-81; effective thirtieth day thereafter
(Register 82, No. 1).
3. Amendment of subsection (b)(2)(A) filed 12-29-81; effective thirtieth day
thereafter (Register 82, No. 1 ).
4. Chanee without resulatory effect of subsections (b) and (m)(4) filed 2-8-88;
operative 3-9-88 (Register 88, No. 7).
5. Amendment of first paragraph filed 1-25-94; operative 2-24-94 (Register 94,
No. 4).
6. Editorial correction of printing error in Note (Register 94, No. 4).
§ 937. Exemptions.
The Commissioner may grant exemptions from any of the require-
ments of this article except those requirements governed by the Califor-
nia Air Resources Board when, in his judgement, the request appears rea-
sonable or the results intended by these regulations can be accomplished
by alternate methods of compliance. However, no exemption will be
granted if, in the opinion of the Commissioner, the exemption would
compromise the safety requirements of these regulations. In addition,
any exemption granted by the Commissioner is nontransferable and may
be rescinded at any time for cause. The California Highway Patrol shall
within 90 days of receiving a request for exemption, respond in writing
informing the requesting party whether the exemption has been denied
or granted. The reason(s) for denial of the request will be included in the
written response and the California Highway Patrol's decision is final.
No exemptions will be given for motor vehicles manufactured after the
effective date of Federal Motor Vehicle Safety Standards addressing gas-
eous fuel systems.
(1) Application for Exemption. An application for exemption shall be
made in writing to the Commissioner, and it shall include the following
data:
Reason for requesting an exemption.
Alternate method(s) of compliance.
Make, model and identification number of the vehicle for which the
exemption is being requested.
The application shall be mailed to:
CALIFORNIA HIGHWAY PATROL
ENFORCEMENT SERVICES DIVISION
POST OFFICE BOX 942898
SACRAMENTO, CA 94298-0001
(2) Copy of exemption. A copy of any exemption shall be carried in
the vehicle(s) for which it was issued at all times, and shall be presented
for inspection upon demand by any authorized representative of the De-
partment.
NOTE: Authority cited: Section 2402.6, Vehicle Code. Reference: Section 2402.6,
Vehicle Code.
History
1. New section filed 8-19-94; operative 9-19-94 (Register 94, No. 33).
NOTE: Authority and reference cited: Section 21058, Vehicle Code.
Article 3. Insigne for Licensed Physicians
§ 970. Design of Physicians' Insigne.
The official insigne developed by the California Medical Association
is approved for use as provided in Section 21058 of the Vehicle Code.
NOTE: Authority and reference cited: Section 21058, Vehicle Code.
History
1. Repealer of former Article 3 (Section 970) and new Article 3 (Sections
970-97 1 ) filed 5-30-80; designated effective 7-1-80 (Register 80, No. 22). For
prior history, see Register 66, No. 13.
2. Amendment filed 1-12-2006; operative 2-11-2006 (Register 2006, No. 2).
§ 971. Mounting Requirements.
The insigne shall be displayed on the rear of the vehicle and shall be
attached at the top of the license plate, or as close thereto as practicable.
The size and type of mounting brackets are optional.
Article 4. Federally Regulated Equipment
§ 980. Scope.
This article applies to the following federally regulated equipment re-
quired by the Vehicle Code to meet requirements established by the de-
partment.
(a) Seat belts.
(b) Safety helmets.
(c) Safety glazing materials.
NOTE: Authority cited: Section 26 1 03. Vehicle Code. Reference: Sections 24012,
26103, 26104, 26704, 27302, 27305, 27314 and 27802, Vehicle Code.
History
1. Repealer of former Article 4 (Sections 980-981) and new Article 4 (Sections
980-984) filed 5-30-80; designated effective 7-1-80 (Register 80, No. 22).
§ 981 . Test Data.
Test data referred to in Vehicle Code Section 26104 for equipment
specified in this article shall include the following information:
(a) Date of test report.
(b) Date tests were conducted.
(c) Standard to which the device was tested.
(d) Description of the device.
(e) Type of material used for each major component.
(f) List of the marks of identification, including size, location, and
method of marking.
(g) One photograph or halftone print of the assembled and disas-
sembled device.
(h) Actual results obtained for each test or measurement required by
applicable sections of the Federal Motor Vehicle Safety Standard and ref-
erenced specifications. Words such as "complies," "passed," "less than,"
or "more than" are not acceptable where minimum or maximum require-
ments are specified in measurable units, except for dimensions checked
by go-no-go gages.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 26103
and 26104, Vehicle Code.
§ 982. Safety Helmet Requirements.
Motorcycle and motorized bicycle safety helmets governed by Ve-
hicle Code Section 27802 shall meet Federal Motor Vehicle Safety Stan-
dard No. 218.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 26103,
26104 and 27802, Vehicle Code.
§ 983. Safety Belt Requirements.
Safety belts governed by Vehicle Code Sections 27302, 27304, 27305
and 27314 shall meet Federal Motor Vehicle Safety Standard No. 209.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 26103,
26104, 27302, 27305 and 27314, Vehicle Code.
§ 984. Safety Glazing Material.
Safety glazing material governed by Vehicle Code Sections 26701,
26703 and 26704 shall meet and be installed as specified in Federal Mo-
tor Vehicle Safety Standard No. 205. Each piece of glazing material shall
be permanently marked with the identification described in FMVSS 205
and American National Standard 226.1-1966 so as to be visible and leg-
ible when installed in a vehicle or camper.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012,
26103, 26104 and 26704, Vehicle Code.
Article 4.5. Traffic Signal Priority Device
NOTE: Authority cited for Article 4.5: Sections 2402 and 25352, Vehicle Code.
Reference: Section 25352, Vehicle Code.
History
1. New Article 4.5 (Sections 985-988) filed 6-22-78; designated effective
7-31-78 (Register 78, No. 25).
2. Repealer of Article 4.5 (Sections 985-988) filed 5-30-80; designated effective
7-1-80 (Register 80, No. 22).
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Department of the California Highway Patrol
§1021
•
Article 5. Seat Belt Assemblies
NOTE: Authority cited for Article 5: Section 2402, Vehicle Code. Reference: Sec-
tions 2402.5, 27302. 27304, 27305, and 27314, Vehicle Code.
History
1 . Repeal of Article 5 (Sections 990-997) and new Article 5 (Sections 990-992)
filed 10-31-67 as an emergency; designated effective 11-1-67 (Register 67,
No. 44). For prior history, see Registers 63, No. 10, 64, No. 5 and 66, Nos. 24
and 36.
2. Certificate of Compliance filed 1-9-68 (Register 68, No. 2).
3. Repealer of Article 5 ( § § 990 through 992) and new Article 5 ( § § 990 through
997) filed 5-25-70; designated effective 1-1-71 (Register 70, No. 22).
4. Repealer of Article 5 (Sections 990-997) filed 5-30-80; designated effective
7-1-80 (Register 80. No. 22). For prior history see Register 72, No. 15 and 71,
No. 20.
Article 6. Safety Helmets
NOTE: Authority cited: Section 2402, Vehicle Code. Reference: Sections 2402.5
and 27802, Vehicle Code.
History
1 . Repealer and new Article 6 (Sections 1000 through 1004) filed 4-1 7-74; desig-
nated effective 6-1-74 (Register 74, No. 16). For prior history, see Register 72,
No. 12.
2. Repealer of Article 6 (Sections 1000-1 004) filed 5-30-80; designated effective
7-1-80 (Register 80, No. 22).
Article 7. Safety Glazing Material
NOTE: Authority cited: Section 2402, Vehicle Code. Reference: Sections 2402.5,
26106 and 26704, Vehicle Code.
History
1 . Repealer and new Article 7 ( § § 101 1 through 1 01 8) filed 7-23-70; designated
effective 9-1-70 (Register 70, No. 30). For prior history, see Register 64, No.
26.
2. Repealer of Article 7 (Sections 1010-1018) filed 1-30-80; designated effective
7-1-80 (Register 80, No. 22).
Article 8. Sirens
§1020. Scope.
This article applies to sirens for use on authorized emergency vehicles
in accordance with Vehicle Code Section 27002.
NOTE: Authority cited: Section 261 03, Vehicle Code. Reference: Sections 261 03,
26104, and 27002, Vehicle Code.
History
1. Repealer of Article 8 (Sections 1020-1029) and new Article 8 (Sections
1020-1029) filed 12-1-77; designated effective 1-1-78 (Register 77, No. 49).
For prior history, see Registers 65, No. 17, 67, No. 22, 69, No. 15, 75, No. 22,
75, No. 45 and 76, No. 3.
2. Repealer of Article 8 (Sections 1020-1029) and new Article 8 (Sections
1020-1029) filed 5-22-80; designated effective 7-1-80 (Register 80, No. 21).
§1021. Definitions.
(a) A "siren" is an audible warning device that produces the readily
recognizable warning sound identified with emergency vehicles. An au-
dible device, such as a vehicle theft alarm, that produces a sound with one
or more of the following characteristics is not a siren:
(1) an unvarying sound.
(2) a varying sound that cycles at a rate faster than 400 cycles per min-
ute.
(3) a discontinuous sound that repeats at rates lower than 90 cycles per
minute or higher than 400 cycles per minute.
(4) a sound frequency (and any second harmonics) lower than 100 Hz
or higher than 5,000 Hz.
(b) An "authorized emergency vehicle siren" is a device that meets the
requirements of this article.
(c) An "electromechanical siren" consists of a stator and rotor driven
by an electric motor.
(d) An "electronic siren" consists of an oscillator, amplifier, and
speaker.
[The next page is 65.]
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Title 13
Department of the California Highway Patrol
§1026
•
(e) A "mechanical siren" consists of a stator and rotor driven by a me-
chanical connection to a moving part of the vehicle or engine.
(f) "Manual" means a siren control that allows the operator to produce
a wailing sound by alternately applying and releasing a momentary con-
tact switch.
(g) "Wail" is a siren sound producing a slow, continuous automatic
cycling of increasing and decreasing frequencies and sound levels.
(h) "Yelp" is a siren sound producing a rapid, continuous automatic
cycling of increasing and decreasing frequencies and sound levels.
(i) "Hi-Lo" means a nonsiren sound alternating between a fixed high
and a fixed low frequency.
(j) "ANS" means a standard adopted by the American National Stan-
dards Institute, Inc., 1430 Broadway, New York, NY 10018.
(k) "SAE" means a standard or recommended practice of the Society
of Automotive Engineers, 400 Commonwealth Drive, Warrendale, PA
15096.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 26103,
26104 and 27002, Vehicle Code.
§1022. Test Data.
Test data referred to in Vehicle Code Section 26104 for equipment
subject to requirements established by the department under Vehicle
Code Section 26103 shall include the following information:
(a) Date of the test report.
(b) Date tests were conducted and the location of the anechoic test
chamber.
(c) Name and address of the testing agency, and names of technical
personnel conducting the test.
(d) Descriptions of the siren, including photographs or halftone prints
of the assembled and disassembled device.
(e) List of the marks of identification on the siren or amplifier, control
head, speaker and driver, including size, location, method of marking,
and method of securing any nameplate.
(f) Number of speakers and wattage rating of each speaker.
(g) Make and model of test equipment:
(1) Sound level meter
(2) Calibrator
(3) Frequency analyzer
(4) Graphic recorder
(5) Voltmeter
(6) Wattmeter
(7) Power supply
(h) Actual results obtained for each siren test required by this article.
(1) Sound level measurements at each required test point of each siren
mode.
(2) Maximum sound level in either the 1000 or 2000 Hz octave bands
of each siren mode.
(3) Maximum wattage delivered to the speaker in each mode.
(4) Cycling rate of wail and yelp sound.
(i) Graphic recordings of each siren mode showing the sound level out-
put at and between required test points and the octave band containing
the maximum sound output.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 261 03
and 26104, Vehicle Code.
HrSTORY
1. Editorial correction of NOTE (Register 81, No. 44).
§1023. Identification Markings.
Sirens and components shall be marked as follows:
(a) Siren Markings. Each siren shall be permanently marked with the
manufacturer's or vendor's name, initials, or lettered trademark and a
model designation in letters and numerals at least 3 mm (0.12 in.) in
height.
(b) Component Markings. Each major component of an electronic si-
ren, including the speaker, speaker driver, amplifier, and control panel
(if separate from the amplifier), and each mechanical and electromechan-
ical siren shall contain the required markings.
(c) Driver Markings. Speaker drivers for electronic sirens shall be
marked to include the rms wattage in addition to the markings required
in preceding subsection (a).
(d) Control Markings. Electronic siren controls shall be marked to in-
dicate each siren function by the words "Manual," "Wail," and "Yelp"
spelled out or abbreviated. Markings for other nonpermitted functions,
such as "Hi-Lo," may remain on the control panel provided the function
is made inoperable on sirens manufactured after January 1, 1978.
(e) Permanence of Markings. Required identification markings shall
be molded, etched, embossed, stamped, engraved, or printed with epoxy
paint or screening ink on the device or on a metal label of substantial
thickness permanently affixed to the device by welding or metal fasten-
ers. Speaker driver markings may be of indelible ink or nonepoxy paint
when protected by coverings or they may be stamped on a metal plate at-
tached by a screw.
(f) Visibility of Markings. Required siren markings, except those on
the speaker driver and on speakers mounted within warning lamp hous-
ings, shall be clearly visible when the siren is installed on a vehicle. Am-
plifier markings may be on the front, top, sides, or bottom of the case pro-
vided they are in a location where they are legible to a person inspecting
the component without using mirrors or removing the component when
it is installed in a vehicle. The markings on devices in vehicles licensed
under Section 5001 of the Vehicle Code need not be visible in the in-
stalled position.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 26103
and 26104, Vehicle Code.
History
1 . Editorial correction of NOTE (Register 81, No. 44).
§ 1024. Instrumentation for Testing.
Equipment used to test sirens shall meet the following requirements:
(a) Sound Measuring System. The sound measuring system shall meet
the requirements of SAE J 184a, June 1978.
(b) Octave Band Analyzer. The octave band analyzer shall meet the
requirements of ANS Sl.l 1-1966.
(c) Turntable. The turntable shall have a diameter of at least 300 mm
(12 in.) and shall operate at a constant speed.
(d) Test Fixture. The fixture used for electromechanical and electronic
siren tests shall be a rigid tripod 1.20 m + 50 mm (4 ft ± 2 in.) in height,
constructed of 13-mm (0.5-in.) tubular material, mounted on a turntable,
and fitted with a 300-mm (12— in.) square platform.
(e) Wattmeter. The wattmeter for measuring amplifier output shall be
a Weston Model 310 Form 3, or equal, with a frequency range from dc
to 1600 Hz, field ratings of 10 A and 62.5 V, a scale range of 250 W, and
1% accuracy.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 26103
and 26104, Vehicle Code.
History
1. Editorial correction of NOTE (Register 81, No. 44).
§1025. Testing Sites.
Sites for laboratory or field tests of sirens shall comply with the follow-
ing requirements:
(a) Laboratory Tests. A laboratory test site shall consist of an anechoic
chamber that meets the requirements of ANS SI. 13-1 971.
(b) Open Field Tests. An open field test site for mechanical siren test-
ing shall consist of a flat paved area at least 15 m (49 ft) in diameter and
free of large vertical sound-reflecting surfaces within 15 m (49 ft) of the
microphone and siren except for the test vehicle.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 26103
and 26104, Vehicle Code.
History
1. Editorial correction of NOTE (Register 81, No. 44).
§ 1026. Microphone and Personnel Stations.
Sound level meter microphones and technicians shall be stationed as
follows:
(a) Microphone Location. The microphone used for testing an electro-
mechanical or electronic siren shall be located 3.00 m ± 6 mm (9.8 ft
Page 65
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§1027
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
+ 0.24 in.) from the edge of the siren horn or projector, in line with the
siren axis, and at the same height as the siren. The microphone used for
testing a mechanical siren shall be located 1 .20 m + 50 mm (4 ft + 2 in.)
above the test surface and 3.00 m 6 mm (9.8 ft ± 0.24 in.) from the nearest
part of the siren.
(b) Microphone Orientation. The microphone shall be oriented in rela-
tion to the sound source in accordance with the instrument manufactur-
er's instructions. If the instruction manual does not include adequate in-
formation, a specific recommendation shall be obtained from the
manufacturer.
(c) Personnel Location. During laboratory tests, technicians and ob-
servers shall remain outside the anechoic chamber. During field tests,
persons other than the operator of the vehicle shall be positioned no clos-
er than 3 m (9.8 ft) from the microphone or the siren.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 26103
and 26104, Vehicle Code.
History
1. Editorial correction of NOTE (Register 81, No. 44).
§1027. Siren Test Procedures.
(a) Mounting of Test Sample. Mechanical sirens shall be mounted on
a vehicle for open field testing. Electromechanical sirens and electronic
siren speaker assemblies shall be mounted on a test fixture secured to a
turntable in an anechoic chamber as follows:
(1) Height Above Turntable. The height, measured from the lower
edge of the siren stator housing of electromechanical sirens or from the
lower edge of the speaker bell of electronic sirens to the face of the turnta-
ble, shall be 1 .2 m ± 76 mm (4 ft ± 3 in.).
(2) Distance from Surface of Test Area. Sirens shall be located as far
from the walls of the anechoic chamber as practicable.
(b) Power Supply. The electrical power supply for testing electrome-
chanical and electronic sirens shall be as follows:
(1) Electromechanical Sirens. The power supply for the electrome-
chanical siren under test shall be a battery of the correct rated voltage with
a cold cranking performance rating at -1 8° C (0° F) of from 550 A to 620
A and a rated minimum reserve capacity at 26.7° C (80° F) of 140 min.
The battery shall be at full charge and in good condition at the start of the
test.
(2) Electronic Sirens. The power supply for electronic sirens shall be
a well-filtered, voltage-regulated power source meeting at least the re-
quirements of SAE J823c, January 1975. The voltage measured at the
power supply output terminals with the siren operating shall be as fol-
lows:
Test voltage Test voltage
Rated voltage for sound level for wattage
6
12
6.5
13.6
7.2
15.0
(c) Sound Level Meter Operation. The sound level meter shall be oper-
ated in accordance with the instrument manufacturer's instructions and
as follows:
(1) Sound Level Meter Setting. The sound level meter shall be set for
the A-weighted network and fast response.
(2) Octave Band Analyzer. The octave band analyzer shall be operated
to determine the octave band containing the maximum sound output in
each siren mode.
(3) Calibration Check. An external calibration check shall be made be-
fore and after each period of use and at intervals not exceeding 2 h when
the sound measuring instrument is used for a period longer than 2 h.
(4) Ambient Sound. Measurements shall be made only when the A-
weighted ambient sound level, including wind effects and all other sound
sources, is at least 10 dB(A) lower than the sound level of the siren.
(d) Siren Operation. The mounted siren shall be operated to determine
the sound level output under each function at the established test points
as follows:
(1) Electromechanical and electronic siren speakers shall be rotated
from at least 50 deg left to 50 deg right of the center of the siren axis at
a constant speed during the siren operation.
(2) Mechanical sirens shall be tested when mounted on a stationary ve-
hicle and operated at speeds equivalent to a road speed of 30 to 80 km/h
(19 to 50 mph) to determine maximum noise output straight ahead of the
vehicle (the vehicle may be mounted on rollers). The speed at which max-
imum sound level occurs shall be continued while the microphone is
moved from 50 deg left to 50 deg right of the center of the vehicle axis.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 26103
and 26104, Vehicle Code.
History
1 . Editorial correction of NOTE (Register 81. No. 44).
§1028. Performance Requirements.
(a) Siren Functions. Electronic sirens shall have a wail function and
may also have manual and yelp functions. No other function is permitted
on sirens sold after January 1 , 1 982. except for voice communication. Si-
rens shall meet the following requirements in addition to the sound levels
specified in Table I:
(1) Wail. The wail function shall have an automatic undulating pitch
rate of not less than 10 nor more than 30 oscillations per minute. The
sound level shall not drop more than 10 dB(A) below the required values
in Table I during the lowest portion of any cycle.
(2) Manual. Electronic sirens manufactured after January 1, 1982,
which include a manual function shall use the vehicle horn ring or any
other manual momentary contact switch to allow the vehicle operator to
switch between the wail and yelp functions, to momentarily override the
descending sound pattern of the automatic cycle when the control is set
at "wail," or to produce a manually-cycled wail when the control is set
at "manual."
(3) Yelp. The yelp function shall have an automatic undulating pitch
rate of not less than 150 nor more than 250 oscillations per minute, except
for sirens sold prior to July 1, 1980.
(b) Sound Level Output. Two classes of sirens, A and B, are estab-
lished based on the A-weighted sound level output measured at the
angles specified in Table I. The sound level measurements of electronic
sirens shall be started immediately after the siren has been operated for
one minute. A deviation of 1 dB(A) below the specified value shall be
allowed at any three of the eleven test points.
Table I. Minimum A-Weighted Sound Level at 3.0 m (9.8 ft)
Rotation
deg
left and right
Sound Level, dB(A)
from axis
Class A
Class B
0
10
20
30
40
50
120
119
118
117
115
113
115
114
113
112
110
108
(c) Siren Classification. The A or B overall classification of a siren
shall be the class of the lowest performing function incorporated in the
siren. The reported sound level for each test point under manual opera-
tion shall be the steady-state level reached during continuous activation.
The reported sound level for the wail and yelp functions at each test point
shall be the average of the levels reached by five consecutive major
peaks.
(d) Frequency Requirements. The maximum sound level in the axis of
the siren shall occur in either the 1000- or the 2000-Hz octave bands for
all functions.
(e) Electronic Siren Wattage. The wattage drawn by speakers of elec-
tronic sirens shall not exceed the following requirements when tested at
the voltages specified in Section 1027(b) of this article. The voltage leads
of the wattmeter shall be connected to the speaker terminals on the ampli-
fier, and readings shall be taken in the order of manual, wail, and yelp.
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§ 1033
(1) At the voltage specified for the sound level tests, the measured
wattage after 1 min and before 3 min of operation shall not exceed the
rating of the driver.
(2) At the voltage specified for wattage tests, the wattage shall not ex-
ceed 1 05% of the rating of the driver when measured after 1 0 min of oper-
ation.
(3) The wattage recorded for wail and yelp shall be the mathematical
average of the high and low readings of five continuous cycles as the sig-
nal varies.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 26103
and 26104, Vehicle Code.
History
1 . Editorial correction of NOTE (Register 81 , No. 44).
§ 1029. Installation Requirements.
Sirens and speakers installed on authorized emergency vehicles shall
be mounted as follows:
(a) Electromechanical and Mechanical Sirens. Class A electrome-
chanical and mechanical sirens shall be mounted outside, between the
grille and radiator, or under the hood. Class B electromechanical and me-
chanical sirens shall be mounted outside or between the grille and the ra-
diator. Mechanical motorcycle sirens that do not operate when the ve-
hicle is stationary shall not be installed on motorcycles manufactured
after January 1, 1981.
(b) Electronic Sirens. Class A and B electronic sirens installed after
January 1, 1976, shall be mounted outside or with the horn opening fac-
ing forward ahead of the radiator with a relatively open path for the sound
to project forward. The horn axis shall be parallel to the road and vehicle
centerline.
(c) Dual Speakers. Dual speakers for electronic sirens shall be con-
nected in phase and mounted so that the speaker axis is parallel to the ve-
hicle centerline or angled outward not more than 10 degrees to the sides.
(d) Speakers in Lightbars. Electronic siren speakers may be mounted
facing forward behind a speaker grille in a lightbar.
(e) Transfer. A siren, except a motorcycle mechanical siren, meeting
the requirements established by the department at the time it was first in-
stalled on an authorized emergency vehicle may be transferred between
authorized emergency vehicles by the owner or sold by the owner for use
on other authorized emergency vehicles.
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Sections 24012
and 26103, Vehicle Code.
Article 9. Exhaust System Noise
Measurement
§1030. Scope.
NOTE. Authority cited: Sections 2402 and 27150.2, Vehicle Code. Reference:
Sections 2500-2504, 2540-2549, and 27150.2, Vehicle Code.
History
1. New Article 9 (Sections 1030-1036) filed 11-25-75; designated effective
1-1-77 (Register 75, No. 48). For history of former Article 9, see Register 74,
No. 14.
2. Order of Repeal filed 8-26-82 by OAL pursuant to Government Code Section
1 1349.7(j) (Register 82, No. 35).
§1031. Definitions.
The following definitions shall apply wherever the terms are used in
this article:
(a) Exhaust System. An "exhaust system" consists of all pipes, conver-
ters, and chambers through which the exhaust gas flows from the engine
exhaust manifold outlet flange to the end of the tailpipe.
(b) Maximum RPM. "Maximum rpm" for 1972 and later year model
vehicles is the highest governed engine speed or, if ungoverned, the rpm
at maximum engine net horsepower as determined by the engine man-
ufacturer in accordance with S AE Standard J245 in the 1 97 1 , or any later,
edition of the SAE Handbook. For earlier year models, "maximum rpm"
is the highest governed engine speed or, if ungoverned, the rpm at maxi-
mum engine net or gross horsepower as specified by the vehicle man-
ufacturer.
(c) Approved Laboratory. An "approved laboratory" has facilities and
equipment for testing sound measuring equipment to American National
Standards Institute Standard SI. 4-1 97 J.
NOTE: Authority cited: Section 27150.2, Vehicle Code. Reference: Sections
2500-2504, 2540-2549, and 27150.2, Vehicle Code.
History
1. Amendment of subsection (b) filed 8-20-81; effective thirtieth day thereafter
(Register 81, No. 34).
2. Amendment filed 6-28-82; effective thirtieth day thereafter (Register 82, No.
27).
§1032. Instrumentation.
Equipment used in making exhaust system sound level measurements
shall meet the following requirements:
(a) Sound Level Meter. A sound level meter complying with ANS
Sl.4-1971, issued by the American National Standards Institute, Inc.,
1430 Broadway, New York, NY 10018, shall be used to measure the ex-
haust noise. Type 1 or SI A sound level meters shall be used for exhaust
system manufacturers' certifications. Type 1, SI A, 2, or S2A sound level
meters shall be used by licensed muffler stations and enforcement per-
sonnel.
(b) Tachometer. A tachometer shall be used to determine the rpm
ranges specified in Section 1036(c) of this title.
(1) Characteristics. Tachometers shall have the following characteris-
tics:
(A) Accuracy of + 100 rpm over a range of 2,200 to 5,000 rpm.
(B) A scale of at least 3 in. (76 mm) graduated in increments of not
more than 1 00 rpm, or a digital readout, and a full-scale reading of at least
6,000 rpm.
(C) Capability for operation on all common 6- and 12-V ignition sys-
tems, and direct reading on 1-, 2-, 4-, 6-, and 8-cylinder engines with
2- or 4-stroke cycles. Separate instruments may be used to cover the re-
quired range of engine types.
(D) Solid-state circuitry with radio frequency suppression.
(E) Attachment to the engine by direct connection to coil, distributor,
or tachometer terminal, or by clamping an inductive pickup with shielded
cable over one spark plug wire.
(F) Operative ambient temperature range of 32° to 122° F (0 to 50° C),
storage temperature range of 0° to 160° F (-17.8° to 71. 1° C), and ambi-
ent relative humidity range of 10 to 90%.
(G) Capability for calibration checks and adjustments. If an external
calibrator is used, it must be provided with the instrument or be readily
available in the station.
(2) Instructions. Instructions for proper use and for maintaining cor-
rect calibration shall be provided by the instrument manufacturer.
(c) Calibrator. An acoustic calibrator of the coupler type, accurate to
within ± 0.5 dB, shall be available for calibration of sound level meters.
(d) Windscreen. An open-cell, foam windscreen recommended by the
manufacturer of the sound level meter shall be used to protect the micro-
phone.
NOTE: Authority cited: Section 27150.2, Vehicle Code. Reference: Sections
2500-2504, 2540-2549, and 27150.2, Vehicle Code.
History
1. Amendment filed 6-16-77; designated effective 7-15-77 (Register 77, No. 25).
2. Amendment of subsection (a) filed 8-20-81; effective thirtieth day thereafter
(Register 81, No. 34).
§1033. Instrument Calibration.
The sound measuring set, consisting of the sound level meter, micro-
phone, calibrator, and any cables, shall be submitted to the instrument
manufacturer's designated calibration and repair facility or an approved
laboratory for calibration, adjustment, and repair at least once every two
years. The tachometer shall be maintained in calibration in accordance
with the tachometer manufacturer's calibration instructions. Exhaust
system manufacturers may repair and calibrate their own instruments
when the calibration standards are traceable to the National Bureau of
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§1034
BARCLAYS CALIFORNIA CODE OF REGULATIONS
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Standards in the United States or the national standards body in the coun-
try in which the laboratory is located.
History
1 . Amendment filed 6-16-77; designated effective 7-15-77 (Register 77, No. 25).
§ 1034. Training and Positioning of Personnel.
Personnel shall be trained and positioned during noise tests as follows:
(a) Training. Persons testing exhaust systems shall have received
training in the calibration, use, and maintenance of noise measuring in-
struments and shall be knowledgeable of the stationary test procedures
published by the department. Trained personnel shall be capable of dem-
onstrating their proficiency to departmental representatives.
(b) Positioning. The positioning of sound measurement technicians
and bystanders shall be as follows:
(1) Technician Location. The technician making readings of the meter
shall be positioned in relation to the microphone in accordance with the
instrument manufacturer's instructions. The technician shall not be be-
tween the microphone and the axis of the exhaust outlet.
(2) Bystander Location. During sound measurements, bystanders
shall not be within 10 ft (3.0 m) of the microphone or the vehicle being
measured, except for one witness or trainee positioned behind the techni-
cian in line with the technician and the microphone. This requirement
does not apply to persons in the vehicle.
History
1. Amendment of subsection (a) filed 6-16-77; designated effective 7-15-77
(Register 77, No. 25).
§ 1035. Meter Operation.
A sound level meter shall be used according to the instrument man-
ufacturer's instructions and as follows:
(a) Microphone Orientation. The microphone shall be oriented in rela-
tion to the source of the sound as specified by the microphone manufac-
turer. Where the instruction manual does not include adequate informa-
tion, specific orientation recommendations shall be obtained from the
manufacturer.
(b) Meter Setting. The sound level meter shall be set for the A-
weighted network and slow response.
(c) Calibration Check. An external calibration check shall be made be-
fore and after each period of use and at intervals not exceeding 2 h during
continued use.
(d) Ambient Sound. Measurements shall be made only when the A-
weighted ambient sound level, including noise from wind and all sources
other than the vehicle being measured, is at least 10 dB lower than the
sound level of the vehicle.
(e) Temperature and Humidity. Measurements shall not be made when
the temperature is lower than 0° F (-18° C) or higher than 122° F (50°
C) or the relative humidity is lower than 10% or higher than 95%. Cali-
bration checks shall be made frequently enough to stabilize the readings
under the particular weather conditions.
§ 1036. Passenger Cars and Light Trucks and Buses.
Exhaust systems for motor vehicles, other than motorcycles, with a
manufacturer's gross vehicle weight rating of less than 6,000 lb (2,722
kg) shall comply with the specified noise limits when tested in accor-
dance with the following specifications:
(a) Measuring Site. The vehicle under test shall be positioned either on
outdoor pavement or on a shop floor (but not over a hoist or pit) in a loca-
tion where the exhaust outlets are near an open shop door. No sound-re-
flecting surface other than the pavement and the vehicle being measured
shall be within 10 ft (3.0 m) of any part of the vehicle.
(b) Microphone Location. The microphone for the sound level meter
shall be at the same height as the center of the exhaust outlet. The micro-
phone shall be no closer to the pavement than 8 in. (203 mm) when the
exhaust outlet is lower than this height (Figure 1 ). The microphone shall
be positioned with its longitudinal axis parallel to the ground, 20 ± I in.
(508 ± 24 mm) from the nearest edge of the exhaust outlet, and 45 ± 10
deg from the axis of the outlet (Figure 2). For exhaust outlets located un-
der the vehicle body, the microphone shall be located at the specified
angle and at least 8 in. (203 mm) from the nearest part of the vehicle. For
exhaust outlets that make an angle of 45 deg or less with the longitudinal
axis of the vehicle, the microphone shall be outboard of the exhaust axis.
For exhaust outlet angles of more than 45 deg, the microphone shall be
on the side of the exhaust axis to the rear of the vehicle (Figure 3).
>8 IN. (203 MM)
Figure 1. Microphone Height
(305 MM)
Figure 2. Placement of Microphone, Usual
Exhaust Location
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Register 90, Nos. 46-47; 11-23-90
Title 13
Department of the California Highway Patrol
§1042
Figure 3. Placement of Microphone, Exhaust Under Body
Figure 4. Placement of Microphone, Exhausts Close Together
(c) Engine Operation. The engine shall be at normal running tempera-
ture with the transmission in neutral. Sound level measurements con-
ducted for certification by exhaust system manufacturers shall be made
at an average steady-state engine speed of three-quarters of maximum
rpm. Sound level measurements conducted by licensed muffler certifica-
tion stations shall be made at an average steady-state engine speed of
3,000 rpm for vehicles manufactured before 1972 for which the station
does not have maximum rpm data.
(d) Exhaust Sound Level Measurement. The recorded exhaust system
sound level of a stationary vehicle shall be the highest reading obtained
during the test, disregarding unrelated peaks due to extraneous ambient
noise. When there is more than one exhaust outlet, the reported sound
level shall be for the loudest outlet. When there are two or more exhaust
outlets separated by less than 12 in. (305 mm), measurements shall be
made on the outlet closest to the side or rear of the vehicle (Figure 4). The
sound level for motor vehicles with manufacturers' gross vehicle ratings
of less than 6,000 lb (2,722 kg), except motorcycles, shall not exceed the
following limit:
(J) Sound Level Limit. The exhaust noise shall not exceed 95 dB(A).
(2) Exception. The exhaust noise of vehicles manufactured after 1967
may exceed 95 dB(A) if the replacement parts are no louder than the orig-
inal equipment or "factory duplicate" system and the total sound level of
the vehicle when tested in accordance with Sections 1 040 through 1 049
of this title complies with the limits in Vehicle Code Section 27205 for
the year of manufacture of that vehicle.
Article 10. Vehicle Sound Measurement
§1040. Scope.
NOTE: Authority cited: Sections 23130, 23130.5, 27200, 27207 and 38370, Ve-
hicle Code. Reference: Sections 23130, 23130.5, 27200-27207 and 38370, Ve-
hicle Code.
History
1. Repealer of Article 10 (Sections 1040-1049) and new Article 10 (Sections
1040-1047) filed 3-26-79; designated effective 5-1-79 (Register 79, No. 13).
For prior history, see Registers 76, No. 5; 73, No. 48; 73, No. 38; 73, No. 35;
71, No. 50; 68, No. 2.
2. Order of Repeal filed 8-26-82 by OAL pursuant to Government Code Section
1 1349.7(j) (Register 82, No. 35).
§1041. Definitions.
(a) "Exhaust system" means all pipes, converters, and chambers
through which the exhaust gas flows from the engine exhaust manifold
outlet flange to the end of the tailpipe.
(b) "Microphone line" means an unmarked reference line running par-
allel to the vehicle path and passing through the microphone.
(c) "Microphone target point" means the unmarked location on the
center of the lane of travel that is the closest to the microphone.
NOTE: Authority cited: Sections 23130, 23130.5, 27200, 27207 and 38370, Ve-
hicle Code. Reference: Sections 23130, 23130.5, 27200-27207 and 38370, Ve-
hicle Code.
History
1. Amendment filed 6-28-82; effective thirtieth day thereafter (Register 82, No.
27).
2. Amendment filed 7-1-83; effective thirtieth day thereafter (Register 83, No.
27).
§ 1042. Training and Positioning of Personnel.
(a) Training — Persons selected to measure vehicle sound levels shall
have received training in the techniques of sound measurement and the
operation of sound measuring instruments.
(b) Technician Positioning — The technician making direct readings of
the meter shall be positioned in relation to the microphone in accordance
with the instrument manufacturer's instructions. Where the instruction
manual is vague or does not include adequate information, a specific rec-
ommendation shall be obtained from the manufacturer. The technician
shall be no closer to the microphone than 1 m (3.3 ft) for new-vehicle
tests and 0.6 m (2 ft) for highway and stationary tests.
(c) Bystander Positioning — During sound measurements, bystanders
shall be no closer to the microphone or the vehicle being measured than
Page 69
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§1043
BARCLAYS CALIFORNIA CODE OF REGULATIONS
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the distance between the microphone and the microphone target point,
except for a witness or trainee, who may be positioned behind the techni-
cian on a line with the technician and the microphone.
NOTE: Authority cited: Sections 23130, 23130.5. 27200, 27207 and 38370, Ve-
hicle Code. Reference: Sections 23130, 23130.5, 27200-27207 and 38370, Ve-
hicle Code.
History
1 . Amendment of subsection (c) filed 1 1-20-84: effective thirtieth day thereafter
(Register 84, No. 47).
§ 1043. Instrumentation Requirements.
(a) Sound Level Meter. Sound level meters used for measurements of
vehicles in use shall meet the requirements for Types 1, 2, SI A, or S2A
in the American National Standard Specification for Sound Level Meters
SI .4-1971 or 1983, the requirements for Type 1,2, 1A, or 2A in the Inter-
national Electrotechnical Commission Publication 651, "Sound Level
Meters," or the requirements in the International Electrotechnical Com-
mission Publication 179, "Precision Sound Level Meters." Sound level
meters used for new-vehicle measurements shall meet the Type 1 or SI A
requirements of the American National Standard Specification for Sound
Level Meters, SI. 4-1971 or 1983. As an alternative to making direct
measurements using a sound level meter, a microphone or sound level
meter may be used with a magnetic tape recorder and/or a graphic level
recorder or other indicating instrument provided the system meets the re-
quirements of SAE 1184a, July 1978.
(b) Sound Level Calibrator — An acoustic sound level calibrator of the
microphone coupler type shall be used to calibrate the entire sound level
measurement system. The calibrator shall be calibrated at least annually.
(c) Tachometer — An engine speed tachometer with an accuracy of
+ 2% of the meter reading shall be used to determine when maximum
rpm is attained in new-vehicle tests.
(d) Anemometer — An anemometer with an accuracy of + 10% of the
reading for wind speeds of 19.3 to 33.2 km/h (12 to 20 mph) shall be used
to measure the wind speed at the measurement site at times when there
is wind.
(e) Windscreen — A properly installed microphone windscreen rec-
ommended by the manufacturer of the sound level meter may be used.
NOTE: Authority cited: Sections 23130, 23130.5, 27200, 27207 and 38370, Ve-
hicle Code. Reference: Sections 23130, 23103.5, 27200-27207 and 38370, Ve-
hicle Code.
History
1. Amendment of subsection (a) filed 7-1-83; effective thirtieth day thereafter
(Register 83, No. 27).
2. Amendment of subsection (a) filed 1 1-20-84; effective thirtieth day thereafter
(Register 84, No. 47).
§ 1044. Sound Level Meter Operation.
The sound level meter shall be operated in accordance with the instru-
ment manufacturer's instructions and as follows:
(a) Microphone Orientation — The microphone shall be oriented in re-
lation to the source of the sound in accordance with the instrument man-
ufacturer's instructions. If the instruction manual does not include ade-
quate information, a specific recommendation shall be obtained from the
manufacturer.
(b) Meter Setting — The meter shall be set for the A-weighting net-
work and fast response.
(c) Calibration Check — The sound level measuring system shall be
calibrated with an external acoustic calibrator before and after each test
sequence and at intervals of 5 to 15 min. at the beginning of each test se-
quence until it has been established that the system has not drifted more
than 0.3 dB(A) from its previous calibration level. Subsequent calibra-
tion intervals shall not exceed 1 h for sound level measurements of ve-
hicles operated on the highway.
(d) Meter Reading — The recorded reading shall be the highest sound
level obtained as the vehicle passes by, disregarding unrelated peaks due
to extraneous ambient noises.
(e) Ambient Sound — Measurements shall be made only when the A-
weighted ambient sound level, including wind effects and all sources oth-
er than the vehicle being measured, is at least 10 dB(A) lower than the
sound level of the vehicle.
(f) Wind — Sound level measurements shall be made only when the
wind velocity is 19.3 km/h (12 mph) or lower with gusts not exceeding
33.2 km/h (20 mph).
(g) Precipitation — Except for snowmobiles in Section 1046, measure-
ments shall not be made during precipitation, or when the road surface
is wet or covered with snow or ice.
NOTE: Authority cited: Sections 23130, 23130.5, 27200, 27207 and 38370. Ve-
hicle Code. Reference: Sections 23130, 23103.5, 27200-27207 and 38370, Ve-
hicle Code.
History
1. Amendment of subsection (g) filed 1 1-20-84; effective thirtieth day thereafter
(Register 84, No. 47).
§ 1045. Measurement Procedures for Vehicles in Use.
Noise from vehicles in use shall be measured as follows:
(a) Microphone Location. The sound level measuring microphone
shall be in one of the following locations:
(1 ) Primary Location. The microphone shall be located at a height not
less than 0.6 m (2 ft), not more than 1.8 m (6 ft) above the plane of the
roadway surface, and not less than 1.1m (3.5 ft) above the surface upon
which the microphone stands. The preferred microphone height on a flat
surface is 1.2 m (4 ft).
(2) Secondary Location. The microphone may be mounted on a boom
affixed to the exterior of a passenger vehicle or the sound level meter with
microphone attached may be held by a person sitting astride an open mo-
torcycle.
(A) When the microphone boom is used, the microphone shall be lo-
cated 0.41 m ± 7.6 cm ( 1 6 in. ± 3 in.) above the highest point of the vehicle
within an area bounded by the windshield, the tops of left and right front
windows, and the rear of the driver's seat. The vehicle upon which the
microphone is mounted shall be positioned so that its longitudinal axis
is perpendicular to the center of the lane of travel. The height of the mi-
crophone above the plane of the roadway surface shall not exceed 2.4 m
(8 ft). A correction factor of -2dB(A) shall be applied to the recorded
sound level.
(B) When the sound level meter with microphone attached is held by
a person sitting astride an open motorcycle, the motorcycle shall be posi-
tioned parallel to the center of the lane of travel. The microphone shall
be pointed toward the traffic and project beyond the windshield if the mo-
torcycle is so equipped. The microphone shall be within the height re-
quirements specified in preceding subsection (a)(1). A correction factor
of -ldB(A) shall be applied to the recorded sound level.
(b) Distance from Microphone to Target Point. The horizontal dis-
tance from the microphone to the microphone target point shall normally
be 15.2 m (50 ft) but may range from 7.9 m (26 ft) to 30.2 m (99 ft) if the
following correction factors are used:
Distance from microphone to Sound level correction
center of lane of travel factor, dB(A)*
7.9-8.8 m (26-29 ft) n -6
8.8-9.8 m (29-32 ft) -5
9.8-10.7 m (32-35 ft) -4
10.7-11.9 m (35-39 ft) -3
11.9-13.1 m (39-43 ft) -2
13.1-14.6 m (43^18 ft) -1
14.6-17.7 m (48-58 ft) 0
17.7-21.3 m (58-70 ft) +1
21.3-25.3 m (70-83 ft) +2
25.3-30.2 m (83-99 ft) ** +3
* If the distance from microphone to center of lane of travel falls on the midpoint
between distance ranges given in the table, the larger correction factor shall be
used.
* *These distances are not applicable to measurements of heavy trucks with a gross
vehicle weight rating (GVWR) of over 4,537 kg (10,000 lb) operated by motor
carriers engaged in interstate commerce and governed by the Federal Bureau of
Motor Carrier Safety regulations.
(c) Measuring Sites. Sites for measuring sound from vehicles in use
shall meet the following requirements:
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Title 13
Department of the California Highway Patrol
§1045
(1) Standard Sites. As shown in Figure 1, standard measuring sites
shall have the microphone 1 5.2 m (50 ft) from the lane of travel, be free
of sound-reflecting surfaces within a 15.2 m (50 ft) radius of the micro-
phone and of the microphone target point, and be approximately level.
MINIMUM
CLEAR AREA
(Dimensions are in meters, followed by feet)
Figure 1 . Standard Highway Measurement Site
(2) Modified Sites. Modified measuring sites shall meet the specifica-
tions shown in Figure 1, except the dimensions may range from 7.9 to
30.2 m (26 to 99 ft). The radii of the minimum clear area shall be the dis-
tance between the microphone and the microphone target point. Sound
level readings taken at such sites shall be corrected as provided in preced-
ing subsection (b). The site shall be free of large sound-reflecting ob-
jects, with the following exceptions:
(A) The following objects may be anywhere within the site:
1 . Small cylindrical objects such as fire hydrants or utility poles.
2. Rural mailboxes.
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BARCLAYS CALIFORNIA CODE OF REGULATIONS
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3. Traffic railings of any type of construction except solid concrete
barriers.
4. Curbs having a vertical height of not more than 0.3 m (1 ft).
5. Small bushes, shrubs, hedges, or trees.
(B) The following objects may be within the measuring site but outside
the triangular measuring area:
1 . Any vertical surface (such as a billboard) regardless of size with a
lower edge more than 4.6 m (15 ft) above the roadway surface.
2. Any uniformly smooth, sloping surface rising away from the high-
way with a slope less than 45 deg above horizontal.
3. Any surface rising away from the highway that is 45 deg or more
and not more than 90 deg above horizontal if all points on the surface are
more than 4.6 m (15 ft) above the roadway.
4. Any object on the side of the vehicle path opposite the microphone
with a width measured parallel to the vehicle path not exceeding 1 .0 m
(3.1 ft) regardless of height, and not slanting toward the roadway. If ob-
jects exceeding 1.0 m (3.1 ft) in width (such as parked vehicles) are on
the side of the vehicle path opposite the microphone, a correction factor
of -2 dB(A) shall be applied to the recorded sound level.
(d) Moving Vehicles. Noise from vehicles in use shall be measured as
the vehicle passes through the measuring site. Measurements shall be
made under the conditions under which the vehicle is operating, regard-
less of vehicle load, grade, acceleration, or deceleration.
(1) The traveled lane of the roadway within the measuring site shall be
dry and paved with relatively smooth concrete or asphalt.
(2) The traveled lane shall be free of holes or other defects that would
cause a vehicle to emit irregular tire, body, or chassis impact noise and
shall be free of significant areas of loose material such as sand or gravel.
(3) The microphone target point shall not be within 61 m (200 ft) of
a tunnel or underpass through which the vehicle travels.
(4) The sound level must rise at least 6 dB(A) to the maximum level
and fall at least 6 dB(A) below the maximum level as the vehicle passes
to ensure that noise from other vehicles does not interfere with the sound
of the vehicle being measured.
(e) Stationary Heavy Motor Vehicles. Noise measurements of station-
ary in-use motor vehicles with a gross vehicle weight rating of more than
4,537 kg (10,000 lb) and equipped with an engine speed governor shall
be made in accordance with the following procedures:
(1) Vehicle Location: The vehicle shall be parked on a measuring site
meeting the requirements of preceding subsection (c). The centerline of
the vehicle shall be on the center of the lane of travel as shown in Figure
1. The vehicle shall be positioned so the exhaust system outlet is within
1.0 m (3.3 ft) of the microphone target point measured along the center
of the lane of travel.
(2) Auxiliary Equipment. Auxiliary equipment used only when the ve-
hicle is stationary or operating at a speed of 8 km/h (5 mph) or less shall
be turned off. Such equipment includes but is not limited to cranes, as-
phalt spreaders, ditch diggers, slurry pumps, auxiliary air compressors,
welders, and trash compactors.
(3) Engine Cooling Fans. If the engine cooling fan automatically dis-
engages or reduces speed in response to reduced engine cooling loads,
the engine shall be run at high idle, or any other speed the operator may
choose, for sufficient time but not more than 10 min to permit the fan to
operate at reduced speed during the noise test.
(4) Engine Operation. With the transmission in neutral and the clutch
engaged, the engine shall be rapidly accelerated from idle to its maxi-
mum governed speed with wide open throttle. After the engine speed has
stabilized, the engine shall be returned to idle. This procedure shall be re-
peated until the maximum sound level readings are within 2 dB(A) of
each other, disregarding unrelated peaks due to extraneous ambient
sound.
(5) Sound Level Measurement. The recorded sound level for the sta-
tionary vehicle shall be the numerical average of the highest 2 or more
readings within 2 dB(A) of each other. This level shall not exceed 88
dB(A) on a measurement site with concrete, asphalt, packed dirt, gravel
or similar reflective material for more than one-half the distance between
the microphone and the microphone target point. The level shall not ex-
ceed 86 dB( A) on a measuring site with grass, other ground cover, or sim-
ilar absorptive material for more than one-half the distance from the mi-
crophone target point.
NOTE: Authority and reference cited: Sections 23130, 23130.5 and 27207, Ve-
hicle Code.
History
1. Repealer and new section filed 7-1-83; effective thirtieth day thereafter (Reeis-
ter 83, No. 27).
2. Amendment of subsection (a) filed 1 1-20-84; effective thirtieth day thereafter
(Register 84, No. 47).
§ 1046. Measurement Procedures for New Motor Vehicles.
(a) Heavy Trucks. New motor vehicles with a manufacturer's GVWR
of more than 4,537 kg (10,000 lb) subject to 40 CFR, Part 205, shall be
tested in accordance with procedures established in that regulation.
(b) Other Heavy Vehicles. New motor vehicles with a manufacturer's
GVWR of more than 4,537 kg (10,000 lb) that are not subject to 40 CFR,
Part 205, except transit buses equipped with automatic transmissions,
shall be tested in accordance with SAE J366b, July 1978, excluding the
Appendix. Transit buses with a manufacturer's gross vehicle weight rat-
ing of more than 4,537 kg (10,000 lb) equipped with automatic transmis-
sions shall be tested according to SAE J366b except for Section 4.1 of
that standard which shall be replaced with the following procedure.
(1) Face the vehicle in the direction opposite that to be used for the
noise test, position the reference point (Section 3.7) at the mid-point of
the end zone within 0.3 m (1.0 ft), place the gear selector in the position
normally used for driving, and locate the starting point for the noise test
as follows:
(A) Accelerate the vehicle as rapidly as possible by establishing and
maintaining wide open throttle until the first transmission shift occurs.
(B) Mark as the designated starting point, the location along the test
path where the vehicle reference point is passing when the shift occurs.
(2) Perform the noise test by reversing the vehicle direction, position-
ing the vehicle so it is at rest with the vehicle reference point at the desig-
nated starting point, and operating the vehicle as follows:
(A) Accelerate the vehicle as rapidly as possible by establishing wide
open throttle.
(B) Continue acceleration until the entire vehicle has vacated the end
zone, recording only runs in which the first transmission shift occurs in
the end zone.
(c) Light Vehicles. New motor vehicles with a manufacturer's GVWR
of 4,537 kg (10,000 lb) or less shall be tested in accordance with either
of the following methods, at the manufacturer's option: SAE J986, No-
vember 1981 or SAE J1470, March 1992, except that the provisions of
Section 6.5 shall not apply.
(d) Motorcycles. New motorcycles subject to 40 CFR, Part 205, shall
be tested in accordance with procedures established in that regulation.
Other new motorcycles shall be tested in accordance with SAE J331a,
July 1978.
(e) Snowmobiles. New snowmobiles shall be tested in accordance
with SAE J 1 92, April 1 980, excluding the sound level tolerances in Sec-
tion 6.4.
NOTE: Authority cited: Sections 27200 and 38370, Vehicle Code. Reference: Sec-
tions 27200-27207 and 38370, Vehicle Code.
History
1 . Amendment filed 8-24-79; designated effective 10-1-79 (Register 79, No. 34).
2. Editorial correction of subsections (c)(1) and (d)(1) (Register 79, No. 38).
3. Repealer and new section filed 7-1-83; effective thirtieth day thereafter (Regis-
ter 83, No. 27).
4. Amendment of subsection (b) filed 1 1-20-84; effective thirtieth day thereafter
(Register 84, No. 47).
5. Amendment of subsection (c) filed 7-20-93; operative 8-19-93 (Register 93,
No. 30).
§ 1047. Vehicle Sound Level.
The measured sound level of a vehicle shall be reported as follows:
•
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Department of the California Highway Patrol
§1053
(a) Vehicles on the Highway — The A-weighted sound level reading
of a vehicle in use on the highway shall be the highest reading observed
as the vehicle or vehicle combination passes through the measuring site.
(b) Stationary Heavy Vehicles — The reported A-weighted sound lev-
el of heavy vehicles measured when they are stationary shall be the nu-
merical average of the two highest levels that are within 2 dB(A) of each
other.
(c) New Motor Vehicles — The sound level reading for new motor ve-
hicles shall be obtained as follows:
(1) Preliminary Runs — Sufficient preliminary runs shall be made to
enable the test driver to become familiar with the operation of the vehicle
and to stabilize engine operating conditions.
(2) Test Runs — At least four test runs shall be made for each side of
the vehicle. When the exhaust outlet is more than 5.1 m (200 in.) from
the front of a vehicle with a gross vehicle weight rating of more than
4,537 kg (10,000 lb), at least two ains shall be made for each side of the
vehicle using both the primary and secondary vehicle reference points.
At least two additional runs shall be made from the reference point that
gives the highest readings.
(3) Reported Sound Level — The reported A-weighted sound level for
each side of the vehicle shall be the average of the two highest readings
on that side which are within 2 dB(A) of each other. The sound level re-
ported for the vehicle shall be the sound level of the louder side.
NOTE: Authority cited: Sections 23130, 23130.5, 27200, and 38370, Vehicle
Code. Reference: Sections 23130, 23103.5, 27200-27207, and 38370. Vehicle
Code.
History
1 . Amendment of subsection (c)(2) filed 1 1-20-84; effective thirtieth day thereaf-
ter (Register 84, No. 47).
NOTE: Editorial correction in Register 79, No. 17 to delete Section 1049, which
was repealed as part of Article 10 in filing of 3-26-79 (designated effective
5-1-79).
Article 1 1 . Exhaust System Certification
§1050. Intent.
This article and Sections 600 through 608 and 1030 through 1038 of
this title are intended to comply with Vehicle Code Section 27150.2. Af-
ter the study required by Vehicle Code Section 27150.3, an additional
study of passenger vehicles, and review of arguments and data submitted
by manufacturers and installers, the department has determined that a
simple noise test, as provided in Sections 1030 through 1038, is a practi-
cal way to control the sale and installation of exhaust systems and parts
that may exceed noise limits set by Vehicle Code Sections 23130 and
23130.5. The department has provided exemptions where compliance
with these regulations would result in undue hardship.
When an original exhaust system produces noise substantially under
the limits in Section 1036 of this title, manufacturers, sellers, and install-
ers must use caution to ensure that installing a certified exhaust system
or part does not significantly increase the noise in violation of Vehicle
Code Section 27151. Increasing the noise would defeat the purpose of
new vehicle limits in California statutes and regulations.
Compliance with the provisions of this article does not exempt any
person from complying with other sections of the Vehicle Code except
as provided by Vehicle Code Section 27150.7, nor from complying with
any other provisions of law including but not limited to Section 17500
of the Business and Professions Code and Section 3369 of the Civil Code.
NOTE: Authority cited: Sections 2402 and 27150.2, Vehicle Code. Reference:
Sections 2500-2504, 2540-2549, and 27150.2, Vehicle Code.
History
1. New Article 11 (Sections 1050-1054) filed 11-25-75; designated effective
1-1-77 (Register 75, No. 48). For history of former Article 1 1, see Register 74,
No. 48.
§1051. Scope.
This article shall apply to the certification of replacement exhaust sys-
tems and parts offered for sale or installed on the following motor ve-
hicles:
(a) Passenger Cars. Systems and parts for motor vehicles, other than
motorcycles and motor-driven cycles, of less than 6,000 lb (2,722 kg)
gross vehicle weight rating shall comply on and after the following dates:
Year model Operative date
1973 and later January 1, 1977
1970, 1971. and 1972 July I, 1977
1968 and 1969 January 1, 1978
1967 and earlier January 1, 1979
(b) Motorcycles. (This subsection is reserved until exhaust system reg-
ulations are established for motorcycles.)
(c) Trucks. (This subsection is reserved until exhaust system regula-
tions are established for trucks.)
£1052. Certification Procedures.
Manufacturers of replacement exhaust systems or parts shall certify
compliance with these regulations, including the appropriate exhaust
system noise limits specified in Section 1036(d) of this title. Exhaust sys-
tem manufacturers, suppliers, and sellers shall certify in each catalog or
similar listing they issue that the exhaust system or parts listed for sale
in California comply with the exhaust system certification regulations.
The catalogs or listings shall specify the vehicle models and engine size
and type for which the items are certified.
If the exhaust system manufacturer, supplier, or seller has no catalog
or similar listing, or if the part becomes available after printing of the list-
ing, the certification may be printed or otherwise labeled on the part or
on the container in which the part is sold, or the certification may be
placed in the container. Such individual certifications shall specify the
vehicle models for which the part is certified.
The certification may be on a form attached to the catalog or listing,
identifying the particular listing to which it refers and specifying the sys-
tems or parts that are not certified. Noncertified systems may be shown,
but they must be clearly represented as not being legal for use on high-
ways in California.
(a) Exhaust System. A complete exhaust system shall be certified as
an assembly.
(b) Exhaust System Parts. Mufflers, resonators, chambered pipes,
flare tips, taper tips, and other sound-modifying parts shall be certified
for use in at least one system when tested with the remaining parts of the
vehicle manufacturer's original equipment or an exhaust manufacturer's
certified replacement system. Catalytic converters, manifolds, and
smooth exhaust and tail pipes are not required to be certified separately.
(c) Special Systems. Special exhaust systems designed for engines
modified for high performance or other characteristics that affect exhaust
noise shall be certified for at least one engine modification for which it
is designed by the manufacturer of the special exhaust system.
(d) Partially Exempt Systems. The catalog or other listing that certifies
exhaust systems or parts permitted to produce more than 95 dB(A) under
Section 1036(d)(2) of this title shall indicate by words or symbols that the
noise is more than 95 dB(A), but no louder than that from the original
equipment or factory duplicate system.
NOTE: Authority and reference cited: Section 27150.2, Vehicle Code.
History
1. Amendment filed 5-30-80; designated effective 7-1-80 (Register 80, No. 22).
For prior history, see Register 77, No. 25.
§ 1053. Retraction of Certification.
The exhaust system or parts manufacturer's, supplier's, or seller's cer-
tification may be retracted by the department under the following condi-
tions:
(a) Request for Data. Whenever the department has reason to believe
that under ordinary conditions of use any certified exhaust system, or
parts thereof, does not comply with these regulations, the department
may request the manufacturer, supplier, or seller to submit test reports or
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§1054
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
data demonstrating compliance. The department shall make such a re-
quest by certified mail.
If test reports or data are not received by the department within 30 days
of the date of request, the department shall consider that such exhaust sys-
tems or components do not comply with the regulations. If a manufactur-
er, supplier, or seller submits a written request setting forth good reason
for an extension, the department may grant additional time for response.
(b) Notice of Accusation. After review of the data requested or after
departmental tests, the department may give notice of accusation to a
manufacturer, supplier, or seller that the department intends to require
the manufacturer to retract the certification on the basis that his product
fails to comply with the regulations adopted pursuant to Vehicle Code
Section 27150.2 or significantly increases the exhaust noise in violation
of Vehicle Code Section 27151. The notice of accusation shall set forth
those areas in which the exhaust system or components fail to comply.
(c) Notice of Defense. The manufacturer, supplier, or seller receiving
such a notice may voluntarily retract the certification or, within 15 days
of service of the accusation, may file a notice of defense.
(d) Request for Hearing.
If the notice of defense contains a request for a hearing, the department
shall determine the hearing date and shall deliver or mail a notice of hear-
ing to the responding party at least 10 days prior to such hearing.
(e) Notice to Interested Parties. It is desirable that all interested parties
are made aware of the proceedings in order to represent their interests.
The manufacturer, supplier, or seller who requests the hearing shall pro-
vide a copy of the notice of hearing to each person or firm who was fur-
nished a certified catalog or other listing for use in the normal conduct
of his business. Included with the notice of hearing shall be a summary
of the defense filed by the one requesting the hearing.
(f) Conduct of Hearing. Hearings pursuant to this section shall be con-
ducted in accordance with Chapter 5 (commencing with Section 11500)
of Part 1 of Division 3 of Title 2 of the Government Code.
History
1. Amendment of subsection (b) filed 6-16-77; designated effective 7-15-77
(Register 77, No. 25).
§1054. Identification Markings.
Each noise-modifying part of an exhaust system, such as a muffler,
resonator, chambered pipe, extractor, taper tip, or flare tip, shall be per-
manently marked by molding, stamping, indenting, or etching. Markings
are not required on clamps, hangers, fasteners, or on smooth-sided tub-
ing used for connecting sound-modifying parts or extending tailpipes.
(a) Required Markings. Required markings shall be as follows:
(1) The name, initials, or lettered trademark of the manufacturer,
supplier, or seller of the exhaust system or part; or a coded numbering or
lettering system that shall be different from those of other manufacturers,
suppliers, or sellers. The method of deciphering coded markings shall be
furnished to the department.
(2) A model number or letter designation, which may differ from the
catalog number and shall differ for each type or construction of muffler,
resonator, or other noise-modifying part.
(b) Size of Markings. Required markings shall be not less than 0.15 in.
(3.8 mm) in height.
(c) Location of Markings. Required identification markings shall be
located where they are legible to an installer either directly or with an ex-
tension mirror, except for markings on a muffler inlet or outlet or other
location that might be covered by a clamp. Markings on parts installed
under the vehicle body need to be legible only when the vehicle is on a
hoist.
(d) Exemption from Permanent Markings. Certified replacement ex-
haust systems and parts manufactured prior to the pertinent operative
dates shown in Section 1051(a) of this title may have the required mark-
ings on paper or other labels on the part or on its container in lieu of being
permanently marked on the part.
History
1 . Amendment filed 6-1 6-77; designated effective 7-1 5-77 (Register 77, No. 25).
Article 12. Brake Equipment
§1060. Scope of Regulations.
NOTE: Authority cited: Section 2402, Vehicle Code. Reference: Sections 26502.
26503 and 26504, Vehicle Code.
History
1. New Article 12 ( §§ 1060 throush 1065) filed 7-15-69: desienated effective
8-15-69 (Register 69, No. 29). "
2. Repealer of Section 1 060 filed 5-19-83 by OAL pursuant to Government Code
Section 1 1349.7(j); effective thirtieth day thereafter (Register 83, No. 21).
§ 1 061 . Air Governor Adjustment.
Air compressor governors shall be adjusted to operate as follows:
(a) Cut-in Pressure. Cut-in pressure shall not be less than 85 psi for
full air brake systems on any motor vehicle and not less than 65 psi for
air-assisted hydraulic brakes on motor vehicles with a gross vehicle
weight rating of not more than 25,000 pounds.
(b) Cutout Pressure. Cutout pressure shall not be more than 130
pounds per square inch unless the maximum air delivered to the brake
system reservoir is regulated to provide between 1 00 and 1 30 pounds per
square inch, in which case the cutout pressure shall be adjusted to not
more than 150 pounds per square inch.
NOTE: Authority and reference cited: Section 26504, Vehicle Code.
History
1. Amendment filed 1-30-80; designated effective 3-1-80 (Register 80, No. 5).
§ 1 062. Safety Valve Adjustment.
Airbrake safety valves shall be adjusted to operate as follows:
(a) Normal Discharge Pressure. Safety valves in airbrake systems with
an air governor cutout pressure of not more than 130 pounds per square
inch shall open and shall relieve the pressure so that it will not exceed 150
pounds per square inch under any condition.
(b) Above Normal Discharge Pressure. Safety valves in airbrake sys-
tems with an air governor cutout pressure of 1 30 to 1 50 pounds per square
inch, as provided in Section 1061(b) of this article, shall open and shall
relieve the pressure so that it will not exceed 170 pounds per square inch
under any condition. In no case shall the safety valve be set to open at
more than the maximum allowable working pressure of the airbrake res-
ervoirs.
NOTE: Authority and reference cited: Section 26503, Vehicle Code.
History
1. Editorial correction adding NOTE filed 4-28-83 (Register 83, No. 18).
§ 1063. Load-Controlled Air Pressure Reducing System.
(a) Systems that automatically reduce air pressure at brake actuators
during brake application in proportion to the axle load shall operate as
follows:
(1) When the single or tandem-axle load on the roadway is 85 percent
or more of the maximum legal load or rated gross weight of the axle,
whichever is lower, the device or system shall not reduce the full service
brake air pressure at the brake chambers to less than that required by Ve-
hicle Code Section 26502 unless the vehicle meets the requirements of
Federal Motor Vehicle Safety Standard 121 (49 CFR 571.121) in effect
at time of manufacture.
(2) The system shall incorporate a feature to override the automatic
control, at the driver's discretion, to allow at least 90 percent of the air
supply pressure at the foot valve to be applied to the brake actuators upon
full brake application, except on axles designed to carry not more than
50 percent of the maximum legal load or gross weight rating of the axle
and used in tandem with a maximum legal load carrying axle on the same
vehicle.
(b) Systems that automatically reduce the application air pressure at
brake actuators on truck tractors depending upon whether the semitrailer
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Title 13
Department of the California Highway Patrol
§1082
is connected or disconnected shall operate so the truck tractor meets the
brake requirements of Federal Motor Vehicle Safety Standard 121.
NOTE: Authority and reference cited: Section 26502, Vehicle Code.
History
1. Editorial correction adding NOTE filed 4-28-83 (Register 83, No. 18).
2. Amendment filed 8-31-83; effective thirtieth day thereafter (Register 83, No.
36).
3. Amendment of subsection (a)( J ) filed 3-1 0-86: effective thirtieth day thereafter
(Register 86, No. 11).
§ 1064. Wheel-Controlled Air Pressure Reducing System.
Brake systems that automatically reduce air pressure at the brake ac-
tuator to maintain wheel rotation during brake application shall allow at
least 90 percent of the air supply pressure at the foot valve to be applied
to the brake actuator upon full brake application when the wheel rotates
at a rate corresponding to the speed of the vehicle.
NOTE: Authority and reference cited: Section 26502, Vehicle Code.
History
1. Editorial correction adding NOTE filed 4-28-83 (Register 83, No. 18).
2. Amendment filed 8-31-83; effective thirtieth day thereafter (Register 83, No.
36).
§ 1065. Pressure Controlled Reducing System.
Brake systems that automatically apply a lower air pressure to certain
axles in comparison to other axles on the vehicle or combination of ve-
hicles to obtain balanced braking between axles shall apply equal pres-
sure to all brake actuators when the manual brake control application
pressure is 60 psi or more.
NOTE: Authority and reference cited: Section 26502, Vehicle Code.
History
1 . Renumbering and amendment of former Section 1065 to Section 1066 and new
Section 1065 filed 8-31-83; effective thirtieth day thereafter (Register 83, No.
36).
§ 1066. General Requirements for Load, Wheel, and
Pressure Controlled Air Pressure Reducing
Systems.
All devices or systems for automatically reducing the air pressure de-
livered to brake actuators on any vehicle or combination of vehicles shall
meet the following general requirements:
(a) Stopping Distance. The device or system shall not increase the
stopping distance under any condition of load beyond that attained by the
same type of vehicle or combination of vehicles when not equipped with
the device or system.
(b) Brake-Release Time. The device or system shall not increase the
brake-release time over that which would have been attained if the de-
vice had not been installed in the system.
(c) Fail-Safe Operation. Any single failure in any part of the device or
its control system shall not increase the stopping distance beyond the stat-
utory limits.
(d) Deceleration. The device or system shall permit deceleration at
maximum braking capability without causing the vehicle to swerve from
a 3.66 m (12 ft) wide lane that is dry, smooth, hard-surfaced, free from
loose material, and has a grade not exceeding plus or minus 1 percent.
NOTE: Authority and reference cited: Section 26502, Vehicle Code.
History
1. Editorial correction adding NOTE filed 4-28-83 (Register 83, No. 18).
2. Renumbering and amendment of former Section 1065 to Section 1066 filed
8-31-83; effective thirtieth day thereafter (Register 83, No. 36).
3. Repealer of Article 13 (Sections 1071-1078) filed 1-30-85; effective thirtieth
day thereafter (Register 85, No. 5).
Article 13. Tire Chains
History
1. Repealer of Article 13 (Sections 1070-1076) and new Article 1 (Sections
1070-1077) filed 6-18-80; designated effective 8-1-80 (Register 80, No. 25).
For prior history, see Registers 77, No. 27; 76, No. 21; 74, No. 52; 74, No. 40;
and 74, No. 27.
2. Repealer of Section 1070 filed 11-10-83; effective upon filing pursuant to Gov-
ernment Code Section 1 1346.2(d) (Register 83, No. 46).
Article 14. Tires and Rims
§1080. Scope.
This article shall apply to all tires and rims sold for use, or used on ve-
hicles.
NOTE: Authority and reference cited: Sections 27455, 27465, 27500, 3450 1,
34501.5, and 34508, Vehicle Code.
History
1 . New section filed 6-30-99; operative 7-30-99 (Register 99, No. 27). For prior
history, see Register 84, No. 35.
§1081. Definitions.
(a) "CRSC" is the California Retreading Standards Committee.
(b) "FMVSS" is a Federal Motor Vehicle Safety Standard. These stan-
dards are located in Title 49, Code of Federal Regulations, Part 571 . (e.g.,
FMVSS No. 109 is in Section 571.1 09, and FMVSS No. 1 1 9 is in Section
571.119.)
(c) "Groove" is the space between adjacent tread ribs, lugs, or other
tread configurations that are separated by at least 5/64 inch (2 mm).
(d) "Major groove" is any tread circumferential depression or circum-
ferential series of depressions that has tread wear indicators or had the
greatest equal depth when the tire was new.
(e) "Multipurpose passenger vehicle" is a motor vehicle designed for
carrying not more than 10 persons, including the driver, and constructed
either on a truck chassis or with special features for occasional off-high-
way operation.
(f) "Passenger car" is a motor vehicle designed for carrying not more
than 10 persons, including the driver. The term excludes multipurpose
passenger vehicles and all housecars, motortrucks, truck tractors, motor-
cycles, and motor-driven cycles, as defined in the Vehicle Code.
(g) "Regroovable tire" is a tire manufactured with sufficient material
for renewal of the original tread pattern or generation of a new tread pat-
tern without exposing the cord.
(h) "Regrooved tire" is a tire on which the tread or retread pattern has
been renewed or a new tread has been produced by cutting new grooves.
(i) "Tread pattern" is the nonskid design on the tread of the tire.
(j) "Tread wear indicator" is the raised section in a groove that enables
a person inspecting a tire to determine visually whether the tire has worn
to a tread depth of 2/32 inch (1.6 mm), except 1/32 inch (0.8 mm) in the
case of motorcycle tires.
NOTE: Authority and reference cited: Section 27500, Vehicle Code.
History
1 . Amendment filed 12-20-76; designated effective 2-1-77 (Register 76, No. 52).
2. Amendment filed 1-18-82; effective thirtieth day thereafter (Register 82, No.
4).
3. Amendment of subsections (b), (c) and 0) filed 6-30-99; operative 7-30-99
(Register 99, No. 27).
§ 1082. New Tire Requirements.
Tires sold for use or used on vehicles shall meet the following require-
ments:
(a) Tires for passenger cars. Tires for passenger cars shall meet the re-
quirements of FMVSS 109.
(b) Tires for vehicles other than passenger cars shall meet the require-
ments of FMVSS 119.
(c) Regroovable Tires for Commercial Vehicles. Regroovable com-
mercial vehicle tires shall meet the requirements of Title 49, Code of Fed-
eral Regulations, Part 569, and be marked at the time of manufacture with
the word "regroovable" on both sidewalls.
NOTE: Authority and reference cited: Section 27500, Vehicle Code.
History
1. Amendment of subsections (a) and (b) filed 12-20-76; designated effective
2-1-77 (Register 76, No. 52).
2. Repealer of Section 1082 and renumbering and amendment of Section 1 083 to
Section 1082 filed 1-1 8-82; effective thirtieth day thereafter (Register 82, No.
4).
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§1083
BARCLAYS CALIFORNIA CODE OF REGULATIONS
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§ 1 083. New Tire Marking.
New tires shall have all of the markings required by FMVSS Nos. 109
and 119, and Part 574, Title 49, Code of Federal Regulations. Markings
such as "blem" or "no adjust" added after manufacture shall be placed
near the serial number without damaging or exposing the cord or defac-
ing the serial number.
NOTE: Authority and reference cited: Section 27500, Vehicle Code.
History
1. Renumbering of Section 1084 to Section 1083 filed 1-18-82; effective thirtieth
day thereafter (Register 82, No. 4).
§ 1084. Identification Markings on Radial Tire Inner Tubes.
In lieu of the red valve stem as provided in Vehicle Code Section
27455. the valve stem of a radial tire inner tube may have the word "RA-
DIAL" molded or stamped in letters at least 3.0 mm (0.12 in.) in height
on the valve stem or on a sleeve or ferrule permanently affixed to the
valve stem. The marking shall be visible when the tube and tire are
mounted on a rim.
NOTE: Authority and reference cited: Section 27455, Vehicle Code.
History
1. Renumbering and amendment of Section 1085 to Section 1084 filed 1-18-82;
effective thirtieth day thereafter (Register 82, No. 4).
§ 1085. Tire and Rim Size and Capacity.
(a) Passenger Cars. Tires manufactured after January 1, 1968, and
used on passenger cars manufactured after 1 948 shall be of the sizes
listed in one of the publications referenced in FMVSS No. 109 or in a
publication of the tire manufacturer which is provided to the public.
(b) Matching of Passenger Car Tires and Rims. Tires for all passenger
cars manufactured after 1948, of sizes listed in one of the publications
referenced in FMVSS No. 109 or in a publication of the tire manufacturer
which is provided to the public, shall be installed and used only on the
appropriate rims specified for the particular tire size by the tire manufac-
turer or by organizations listed in FMVSS No. 109.
(c) Matching of Tires and Rims on Other Vehicles. Tires installed on
vehicles other than passenger cars shall be mounted only on rims speci-
fied for the particular tire size by the tire manufacturer or by organiza-
tions listed in FMVSS No. 1 1 9.
(d) Tire Load Limits. Loads on tires shall comply with the following
requirements:
(1) Passenger car tires used on passenger cars or station wagons shall
not be loaded above the maximum load rating marked on the tire, or, if
unmarked, the maximum load rating specified in one of the publications
referenced in FMVSS No. 109 or in a publication furnished to the public
by the tire manufacturer. Passenger car tires used on other vehicles shall
not be loaded beyond the foregoing maximum divided by 1.1.
(2) Tires for trucks, buses, trailers, motorcycles, or any vehicles other
than passenger cars shall not be loaded above the maximum load rating
marked on the tire, or if unmarked, the maximum load rating specified
by the organizations listed in FMVSS No. 1 19 or the tire manufacturer's
recommendations for the tire size, ply rating, and service speed.
(3) Tires covered by FMVSS No. 119 may carry increased loads at
speeds of 54 mph (87 km/h) or less in accordance with tables published
by the organizations listed in that standard, provided that either:
(A) The speed of the vehicle is mechanically restricted to no more than
the rated speed for the load carried by the tire, or
(B) The vehicle, or combination of vehicles carries, on the rear of the
last vehicle, a sign showing the maximum speed for the tire load (Figure
1 Speed Restriction Sign). The sign shall be located so that a following
driver can read it with ease.
(C) The background of the Speed Restriction Sign shall be yellow, ex-
tending at least 1 inch (26 mm) beyond the words. The letter on the sign
shall be at least 4 inches (100 mm) high, with a stroke 1/2 inch (13 mm)
wide. All words may be on one line.
VEHICLE MAX
45 MPH
Figure 1. Speed Restriction Sign
(4) Tire loading restrictions for manufactured homes. Tires used for
the transportation of manufactured homes (i.e., tires marked or labeled
7-14.5MH or 8-14.5MH) may be loaded up to 18 percent over the load
rating marked on the sidewall of the tire or, in the absence of such a mark-
ing, 18 percent over the load rating specified in any of the publications
of any of the organizations listed in FMVSS No. 1 19, pursuant to 49 CFR
393.75(g). Manufactured homes which are labeled on or after November
16, 1998, shall comply with 24 CFR 3282.7(r), April 1, 1998. Manufac-
tured homes transported on tires overloaded by 9 percent or more must
not be operated at speeds exceeding 50 mph (80 km/h).
(5) Vehicles that do not have a mechanically restricted speed or the re-
duced speed sign, or do have the sign but do not comply with the reduced
speed shown on the sign, shall not carry increased tire loads.
(e) LT Tires. Tires identified with the letters "LT" in the size markings
(such as 7.00-1 5LT or LT 235/75R 15) shall be used only on vehicles oth-
er than passenger cars and motorcycles.
(f) MH Tires. Tires identified with the letters "MH" after the size (such
as 8-14.5MH) are designed for mobilehomes and shall not be used on
other vehicles unless marked with the letters "DOT" in accordance with
FMVSS 119.
(g) ML Tires. Tires identified with the letters "ML" after the size (such
as 10.00-22ML) are designed for intermittent on/off road service such
as mining and logging operations and shall not be used on vehicles travel-
ing more than 55 miles (89 km) in any 1 1/2-hr period or at a speed of
more than 55 mph (89 km/h). Certain sizes of ML tires marked with a
50-mph speed limit shall not exceed 50 mph (80 km/h) or 50 miles (80
km) in any 1 1/2-hour period.
(h) MS Tires. Tires permanently marked on one sidewall with the
words "MUD AND SNOW" or any contraction using the letters "M" and
"S" and designated by the tire manufacturer as being designed to provide
additional traction in mud and snow in accordance with the definition of
the Rubber Manufacturers Association may be used in lieu of tire chains
where chain control signs permit snow tires.
(i) NHS Tires. Tires identified with the letters "NHS" after the size
(such as 7.00-1 5NHS) are not designed for highway service and shall be
used only on vehicles such as short haul mining, earthmoving and log-
ging service at speeds not exceeding 40 mph (64 km/h) and shovels, front
end loaders, dozers, and fork lifts at speeds not exceeding 10 mph (16
km/h). Tires identified as "NHS" may be used on cotton trailers (defined
as implements of husbandry in Vehicle Code Section 36005) when such
trailers are operated at not more than the speed limit labeled on the tire
sidewall or, if not labeled, not more than 40 mph (64 km/h).
(j) SL Tires. Tires identified with the letters "SL" after the size (such
as 9.00-1 6SL) are designed for limited service and shall be used only on
agricultural and industrial equipment operated at not more than 20 mph
(32 km/h).
(k) ST and Other Trailer Tires. Tires identified with the letters "ST"
(such as 7.00-1 3ST) or with the words'TRAILER" or "TRAILER SER-
VICE" after the size shall not be used on motor vehicles.
(/) T Tires. Tires identified with the letter "T" after the size (such as
3.75-1 9T) shall be used only on motorcycles or sidecars.
(m) Tires for Buses. Tires marked as follows are designed for buses
and shall be used only as stated: "INTER-CITY" and "THRUWAY"
may be used in any service at normal highway speeds. "INTRA-CITY"
may be used only in slow speed start-stop service with maximum speed
not exceeding 35 mph (56 km/h). "CITY-SUBURBAN" may be used
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§1091
only at speeds not exceeding 55 mph (89 km/h) for not more than one
hour of continuous operation.
NOTE: Authority and reference cited: Sections 27500, 31401 , 34501 , 34501 .5, and
34508, Vehicle Code.
History
1 . Amendment of subsection (e) filed 8-9-78; designated effective 9-15-78 (Reg-
ister 78, No. 32). For former history, see Registers 76, No. 10; 76, No. 21; 76.
No. 52; 77, No. 37; and 77, No. 52.
2. Renumbering and amendment of section 1086 to section 1085 filed 1-18-82;
effective thirtieth day thereafter (Register 82, No. 4).
3. Amendment of subsections (e)(1) and (2) filed 10-l9-83;effective thirtieth day
thereafter (Register 83, No.43).
4. Amendment filed 8-31-84; effective thirtieth day thereafter (Register 84, No.
35).
5. Change without regulatory effect amending subsection (d)(4) filed 4-12-91
pursuant to section 1 00, title 1 , California Code of Regulations (Register 91, No.
18).
6. Amendment filed 6-30-99; operative 7-30-99 (Register 99, No. 27).
§ 1086. Regrooved Tire Design and Construction.
Regrooved tires shall be designed and constructed as follows:
(a) Design. No tire shall be regrooved unless it is designed to permit
a renewed or newly generated tread pattern and is marked "regroovable"
at the time of manufacture or it has a retread designed to be regrooved and
is marked "regroovable" when retreaded.
(b) Construction. Regrooved tires shall be constructed with at least a
3/32-in. (2.4— mm) layer of tread material between the cord structure and
the new grooves, which shall be not less than 3/16 in. (4.8 mm) nor more
than 5/16 in. (7.9 mm) wide. Regrooved tires shall not show evidence of
ply, tread, or sidewall separation; sidewall wear that exposes the fabric;
or tread or groove cracks extending to the fabric.
NOTE: Authority cited: Section 27500, Vehicle Code. Reference: Section 27461 ,
Vehicle Code.
History
1. Renumbering of Section 1087 to Section 1086 filed 1-1 8-82; effective thirtieth
day thereafter (Register 82, No. 4).
§1087. Tire Condition and Use.
(a) Defects. Tires shall not be used with boot or blowout patches or
with any of the following defects:
(1) Unrepaired fabric breaks
(2) Exposed or damaged cord
(3) Bumps, bulges, or knots due to internal separation or damage
(4) Cuts that measure more than 1 in. (25 mm) and expose body cord
(5) Cracks in valve stem rubber
(b) Regrooved Tires. Regrooved tires shall not be used on school buses
or any vehicle other than a commercial vehicle. Such tires used on com-
mercial vehicles shall be of a type manufactured and designed for re-
grooving. Regrooved tires, regardless of size, shall not be used on the
front wheels of buses, and regrooved tires which have a load carrying ca-
pacity equal to or greater than that of 8.25-20 8 ply-rating tires shall not
be used on the front wheels of any other motor vehicle listed in Vehicle
Code Section 34500.
(c) Recapped Tires. Tires recapped or retreaded for highway use shall
have a tread pattern that complies with Section 27465 of the Vehicle
Code and with this section. Recapped or retreaded tires shall not be used
on front wheels of a bus or farm labor vehicle. Such tires shall not be used
on the front wheels of truck tractors or motortrucks listed in Vehicle Code
Section 34500 unless the tires are in compliance with the following re-
quirements:
(1) Tires shall have been retreaded or recapped not more than 2 times
and shall contain no casing repair other than that required by a nail punc-
ture.
(2) Tires shall conform to either the labeling and other requirements
of the 1972 CRSC Retreading Specifications and Standards or to the In-
dustry Standards For Tire Retreading & Repairing revised September 1,
1995. Tires retreaded on or after November 1 , 1997, shall conform to the
Industry Standards For Tire Retreading & Repairing revised September
I, 1995.
(3) A new-tire manufacturer who is assigned an identification number
by the U.S. Department of Transportation (DOT) may certify adherence
to standards equal to or better than CRSC standards (only until November
1, 1997), or the Industry Standards For Retreading & Repairing revised
September 1, 1995 for retreaded tires produced in his/her company-
owned and -operated retreading facilities. Such certification shall com-
ply with marking or labeling requirements of CRSC (only until Novem-
ber 1 , 1 997), or the Industry Standards For Tire Retreading & Repairing
revised September I, 1995, except that the certification mark branded
into the tire may be of original design. A certification mark of original
design shall show the name or trademark and assigned DOT registration
number of the manufacturer and designate which of his/her retreading fa-
cilities produced the tire.
(4) Successive Retreads. When a retreaded tire bearing the markings
specified in preceding subsections is retreaded a second time, the pre-
scribed label shall be cancelled by a diagonal line or other distinctive
mark through the label.
(d) Tires on Dual Wheels. The outside diameters of tires used on dual
wheels shall be so matched that on a level roadway each tire will contact
the surface at all times.
NOTE: Authority cited: Sections 27500, 31401, 34501, 34501.5 and 34508, Ve-
hicle Code. Reference: Sections 27500, 27501, 31401, 34501, 34501 .5 and 34508,
Vehicle Code.
History
1. Amendment of subsection (a)(1) filed 12-20-76; designated effective 2-1-77
(Register 76, No. 52).
2. Amendment of subsection (c) filed 9-7-77 as an emergency; effective upon fil-
ing (Register 77, No. 37).
3. Certificate of Compliance filed 12-23-77 (Register 77, No. 52).
4. Renumbering of section 1088 to section 1087 filed 1-18-82; effective thirtieth
day thereafter (Register 82, No. 4)
5. Amendment filed 6-28-82; effective thirtieth day thereafter (Register 82, No.
27).
6. Amendment filed 10-19-83; effective thirtieth day thereafter (Register 83, No.
43).
7. Amendment filed 10-30-86; effective thirtieth day thereafter (Register 86, No.
44).
8. Amendment of subsection (b) filed 9-21-94; operative 9-21-94 pursuant to
Government Code section 11346.2(d) (Register 94, No. 38).
9. Amendment of subsections (c)(2) and (c)(3) filed 7-10-97; operative 8-9-97
(Register 97, No. 28).
Article 15. Wheelchair Lifts
§1090. Scope.
Wheelchair lifts produced after April 1, 1980, but produced before
April 1, 2005, or installed before July 1, 2005, for use in any bus except
a school bus, shall comply with the requirements of this article, or with
those contained in the Federal Motor Vehicle Safety Standards (49 CFR
571).
Wheelchair lifts produced on or after April 1, 2005, or installed on or
after July 1 , 2005, for all vehicles, whether the vehicle was manufactured
before or after that date, shall comply with the provisions contained in the
Federal Motor Vehicle Safety Standards (49 CFR 571).
NOTE: Authority cited: Sections 2402, 31401 and 34501, Vehicle Code. Refer-
ence: Sections 2401 1, 31401, 34501 and 34501.1, Vehicle Code.
History
1. New Article 15, (Sections 1090-1095) filed 7-13-79; effective thirtieth day
thereafter (Register 79, No. 28).
2. Amendment filed 2-1-80; designated effective 3-9-80 (Register 80, No. 5).
3. Amendment of section and Note filed 7-19-2004; operative 8-1 8-2004 (Reg-
ister 2004, No. 30).
4. Amendment filed 10-22-2007; operative 1 1-21-2007 (Register 2007, No. 43).
§1091. Definitions.
The following definitions shall apply wherever the terms are used in
this article:
(a) Bus — A "bus" is the type of vehicle defined in Vehicle Code Sec-
tion 233.
(b) Deploy — To "deploy" means to operate a wheelchair lift from the
stowed position to the position where it is ready to be used.
Page 77
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§1092
BARCLAYS CALIFORNIA CODE OF REGULATIONS
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(c) Lift Platform — A "lift platform" is the part of a wheelchair li ft upon
which the wheelchair rests.
(d) Stow — To "stow" means to operate a wheelchair lift to the position
in which it is kept while the vehicle is in motion.
(e) Wheelchair Lift — A "wheelchair lift" is a device designed to raise
and lower persons in wheelchairs.
NOTE: Authority and reference cited: Sections 31401 and 34501, Vehicle Code.
§ 1092. Mechanical Requirements.
Wheelchair lifts shall comply with the following mechanical require-
ments:
(a) Design Load. The design load of the lift shall be at least 270 kg
(595 lb). Working parts, such as cables, pulleys, and shafts, which can be
expected to wear and upon which the lift depends for support of the load,
shall be designed with a safety factor of at least six. Nonworking parts,
such as platform, frame, and attachment hardware which would not be
expected to wear, shall be designed with a safety factor of at least three.
(b) Controls. Each control for deploying, lowering, raising, and stow-
ing the lift, and moving the barrier shall be of a momentary contact type
requiring continuous manual pressure by the operator and shall not allow
unintentional improper lift sequencing when the platform is occupied.
The controls shall be designed to be interlocked with the bus brakes and
with the accelerator or transmission so the bus cannot move when the lift
is not stowed and so the lift cannot deploy without engaging the interlock.
As an alternative, on buses equipped with hydraulic brakes, an interlock
system which complies with the Americans With Disabilities Act (ADA)
requirements in Title 49, Code of Federal Regulations, Section
38.23(b)(2), as published October 1, 1995, will be deemed to comply
with the interlock requirements of this section subject to the following
conditions:
(1 ) The bus must be equipped with an electrical warning device, clear-
ly audible or visible from the driver's seating position, which is activated
at all times when the lift is not stowed and the ignition switch is in the
"on" or "run" position.
(2) If a transmission interlock is utilized instead of a brake interlock,
the transmission must be interlocked in the "Park" position.
(3) A door interlock will satisfy the requirement only if the door is also
interlocked with the vehicle's brakes or transmission in a manner that
meets the performance criteria set forth in (b), above.
(c) Manual Operation. The lift assembly shall incorporate a manual
method of deploying, lowering to ground level with a wheelchair occu-
pant and raising and stowing the empty lift if the power fails.
(d) Power or Equipment Failure. Platforms stowed in a vertical posi-
tion shall have a provision to prevent their deploying any faster than
twice the maximum rate specified in following subsection (i), in the event
of a failure of power, chain, cable, or hydraulic hose. Deployed platforms
shall have a provision to prevent their falling, when loaded, any faster
than twice their maximum rate in the event of the same type of failure.
Failure, while the bus is in motion, of any part of the system powering the
wheelchair lift shall not reduce the effectiveness of the braking, steering,
or electrical systems of the bus.
(e) Platform Barriers. The lift platform shall be equipped with barriers
to prevent any of the wheels of the wheelchair from rolling off the plat-
form. The loading edge of the platform shall have a movable barrier that
is not shorter than 92% of the length of that edge of the platform and that,
when in its normal raised position, is at least 8 cm (3.1 in.) above the sur-
face of the platform. The movable barrier in its raised position shall with-
stand a total force of at least 1 340 Newton (N) (300 lb) parallel to the plat-
form surface in the unloading direction with the top edge remaining
above 8 cm (3. 1 in.). The force shall be applied at a height of 7 cm (2.8
in.) above the top surface of the platform with 670 N (150 lb) at each of
two points 30 cm ( 1 1 .8 in.) on each side of the center of the barrier. Other
sides of the lift platform shall have fixed or movable barriers at least 25
mm (1.0 in.) high unless other parts of the lift or the body of the bus pre-
vent any of the wheels of the wheelchair from rolling off the platform.
(f) Barrier Operation. The barrier on the outboard side of the lift plat-
form shall automatically lower or open when the platform meets the road-
way or sidewalk and shall automatically raise or close when the platform
is moved upward. As an alternative, the barrier may be raised, lowered,
opened or closed by the lift operator. The barrier, when controlled auto-
matically, shall be in its fully raised or closed position at all times when
the bottom edge of the platform is more than 8 cm (3.1 in.) above the
roadway or sidewalk. Unless lift controls are designed to be operated by
a person standing at ground level adjacent to the lift, barriers shall be in-
terlocked so the lift cannot be raised until the barrier has been raised.
(g) Platform Surface. The platform surface on which the wheelchair
rolls shall be free of any protrusions over 6 mm (0.24 in.) high and shall
be slip resistant.
(h) Platform Deflection. The lift platform at all operating heights shall
not deflect more than 3 degrees in any direction between its unloaded po-
sition and its position when uniformly loaded with 170 kg (375 lb). En-
trance ramps to the lift platform shall be excluded from this measure-
ment.
(i) Platform Movement. No part of the lift platform shall move at a rate
exceeding 30 cm/sec (1 1 .8 in./sec) during deployment, lowering, lifting
or stowing. This subsection shall not apply to a manually deployed plat-
form.
(j) Boarding Direction. The lift platform shall permit wheelchairs to
board both by rolling forward and by rolling backward.
(k) Protective Covering. Any readily accessible parts of a wheelchair
lift that could injure passengers or operators or catch or damage clothing
or other objects when the lift is in any position shall be covered with a
guard.
(I) Fasteners. All fasteners shall withstand vehicle and lift vibrations
without loosening.
NOTE: Authority cited: Sections 3 1401 and 34501, Vehicle Code. Reference: Sec-
tions 31401 and 34501, Vehicle Code.
History
1. Amendment of subsections (0 and (i) filed 11-13-81; effective thirtieth day
thereafter (Register 81, No. 46).
2. Change without regulatory effect amending subsection (e) filed 5-1 1-95 pur-
suant to section 100, title I, California Code of Regulations (Register 95, No.
19).
3. Amendment of subsection (b), new subsections (b)(1)— (3), and amendment of
subsection (k) filed 2-21-96; operative 3-22-96 (Register 96, No. 8).
4. Amendment filed 3-15-99; operative 4-14-99 (Register 99, No. 12).
§1093. Durability Requirements.
Wheelchair lifts shall meet the following requirements when attached
to a fixture that simulates a bus installation and when supplied by electric,
hydraulic, air, or other power of an output equal to that normally avail-
able on the bus. Only one representative production unit of each model
is required to be tested for certification with all tests conducted on the
same unit in the following order without any repairs or maintenance dur-
ing the test other than permitted in subsection (h).
(a) Vertical Cycling — The lift platform shall be operated up and then
down through its maximum vertical operating range for 15,600 cycles
with a load of 270 kg (595 lb) for the first 600 cycles and 170 kg (375 lb)
or the remaining cycles. The ambient temperature for the first half of the
cycles in each of these tests shall be at least +43 deg C (+1 10 deg F). The
test may be continuous or separated into groups of not less than 10 cycles
with nonoperating periods of not more than 1 min between each cycle in
the group. The platform shall raise and lower smoothly throughout the
test with vertical and horizontal accelerations not exceeding 3.0 m/s2
(0.3g) as measured during the first 5 cycles and last 5 cycles.
(b) Deployment Cycling — The lift platform shall be deployed and
stowed for 10,000 cycles. The ambient temperature for the first half of
the cycles shall be at least +43 deg C (+1 10 deg F). The test may be con-
tinuous or separated into groups and may have nonoperating periods be-
tween cycles as specified in preceding subsection (a).
(c) Low Temperature Operation — After 5 h of exposure to a tempera-
ture not higher than -7 deg C (+20 deg F), the wheelchair lift shall be op-
Page 78
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Title 13
Department of the California Highway Patrol
§1093
erated through 10 unloaded cycles of deploying, lowering, raising, and
stowing at the exposure temperature. Each cycle shall be separated by at
least a 30 min cooling period at a temperature not higher than -7 deg C
(+20 deg F).
(d) Self-Damage — The controls shall beheld in operating position for
5 s after the unloaded lift meets resistance to its travel under each control
position with any limit switches deactivated. The test shall be performed
twice at each position of deploy, stow, full up at floor level and full down
at ground level.
(e) Proof Load — With the lift stationary at its raised position, the plat-
form shall be loaded with 410 kg (900 lb) uniformly distributed around
the center of the platform within an area not exceeding a 60 x 60 cm (24
x 24 in.) square.
(f) Power and Equipment Failure — A failure of power, chain, cable,
or hydraulic hose that allows the lift to deploy or the platform to lower
shall be simulated. The wheelchair lift shall comply with preceding Sec-
tion 1092(d) during this test.
(g) Visual Inspection — At the conclusion of the tests described in sub-
sections (a) through (e), with all loads removed, the parts of the wheel-
chair lift shall show no condition of fracture, permanent deformation, ex-
treme wear, perceptible impairment, or other deterioration that would be
hazardous to the occupant operator.
(h) Maintenance — During the durability tests, the inspection, lubrica-
tion, maintenance, and replacement of parts (other than bulbs and fuses)
may be performed only as specified in the owner's manual for the lift and
at intervals no more frequent than specified in the manual. Maintenance
specified for certain time intervals shall be performed during the vertical
cycling and deployment cycling tests at a number of cycles that is in the
same proportion to the total cycles as the maintenance period is to 36
months.
NOTE: Authority and reference cited: Sections 31401 and 34501, Vehicle Code.
[The next page is 79.]
Page 78.1
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Title 13
Department of the California Highway Patrol
§ 1100.4
§1094. Certification.
Wheelchair lift manufacturers shall certify compliance of individual
models with this article as follows based upon tests conducted at their
own or other laboratories:
(a) Certification Label — The certification information shall be perma-
nently imprinted on a part of each lift or on a label or metal plate perma-
nently attached to the lift. The certification shall be located so as to be
visible when the lift is installed in the vehicle in accordance with the lift
manufacturer's instructions.
(b) Lettering — Lettering shall be at least 3.0 mm (0.12 in.) high.
(c) Required Data — The certification shall contain the manufacturer's
name and address, model number, serial number, month and year of man-
ufacture, and the statement: "This wheelchair lift conforms to the Cali-
fornia Code of Regulations requirements in effect on the date of man-
ufacture."
NOTE: Authority and reference cited: Sections 31401 and 34501, Vehicle Code.
History
1. Change without regulatory effect of subsection (c) filed 2-8-88; operative
3-9-88 (Register 88, No. 7).
§1095. Installation.
Wheelchair lifts shall be manufactured to be capable of being installed
in accordance with the following requirements:
(a) Control Location — The controls for deploying, lowering, raising
and stowing the lift and moving the barrier shall be capable of being in-
stalled at a location, either interior or exterior, where the bus driver or lift
attendant has a full view of the lift platform, its entrance and exit, and the
wheelchair passenger, directly or with partial assistance of mirrors. Lifts
entirely to the rear of the driver's seat shall not be operable from the driv-
er's seat but shall have an override control at the driver's position that can
be set to prevent the lift from being operated by the other controls (except
for emergency manual operation after power failure).
(b) Width and Depth of Lift Assembly — The lift shall be designed so
that it is capable of being installed with no part of the assembly when
stowed extending laterally beyond the normal side contour of the bus nor
vertically below the lowest part of the rim of the wheel closest to the lift.
(c) Gaps — Gaps in the platform in areas over which a wheelchair can
roll shall not be greater than 15 mm (0.60 in.) horizontally or greater than
6 mm (0.24 in.) vertically.
(d) Accessibility — AH items requiring inspection or maintenance
shall be readily accessible. Covers and access doors are permitted.
(e) Instructions — The lift manufacturer shall supply the user with de-
tailed instructions for installing the lifts and recommended inspection
and maintenance schedules and procedures. The manufacturer shall sup-
ply operating instructions with each lift sold so the instructions may be
carried in the bus.
NOTE: Authority and reference cited: Sections 31401 and 34501, Vehicle Code.
Chapter 5. Special Vehicles
Article 1. Ambulances
§1100. Scope.
This article shall apply to all publicly and privately owned ambulances
used for emergency service except as specifically exempted by provi-
sions of these regulations.
NOTE: Authority cited: Section 2512, Vehicle Code. Reference: Sections 2416,
2501-2512, 2541, and 2542, Vehicle Code.
History
1. Repealer of article 1 (sections 1100-1109) and new article 1 (sections
1 100-1109) filed 8-17-77; designated effective 10-1-77 (Register 77, No. 34).
For prior history of article 1, see Registers 73, No. 24, 74, No. 21 and 75, No.
13.
2. Repealer of article 1 (sections 1100-1109) and new article 1 (sections
11 00-1 109) filed 11-24-80; designated effective 1-1-81 (Register 80, No. 48).
For prior history, see Registers 77, No. 47 and 78, No. 6.
3. Editorial correction adding article heading (Register 91, No. 18).
§1100.2. Definitions.
Unless otherwise specified, the following definitions shall apply for
the purposes of this article:
(a) Ambulance. A vehicle specially constaicted, modified or
equipped, and used for the purpose of transporting sick, injured, conva-
lescent, infirm, or otherwise incapacitated persons.
(b) Ambulance Driver Certificate. A California Ambulance Driver
Certificate or a California Special Driver Certificate valid for driving an
ambulance.
(c) Ambulance Service. The private or public organization or individ-
ual providing an ambulance for use in emergency service.
(d) Department. Department of the California Highway Patrol.
(e) Emergency Call. A request for an ambulance to transport or assist
persons in apparent sudden need of medical attention; or, in a medical
emergency, as determined by a physician, to transport blood, any thera-
peutic device, accessory to such device, or tissue or organ for transplant.
(f) Emergency Service. The functions performed in response to an
emergency call. Emergency service also includes transportation of a pa-
tient, regardless of a presumption of death of the patient, or transportation
of a body for the purpose of making an anatomical gift, as provided in
Section 12811, Vehicle Code, and the Uniform Anatomical Gift Act,
Health and Safety Code.
NOTE: Authority cited: Section 2512, Vehicle Code. Reference: Sections 165,
2416, 2501, 2511 and 2512, Vehicle Code.
§ 1100.3. General Requirements.
No ambulance shall respond to an emergency call or transport patients
unless staffed by both a certificated driver and a qualified attendant,
maintained in good mechanical repair and sanitary condition, and
equipped as required by this article and the Vehicle Code.
(a) Driver Certificate Exemption.
In addition to the exemptions stated in Vehicle Code section 12527(f),
ambulance driver certificates are notrequired for persons driving ambu-
lances, based out-of-state, into California to provide only interstate
emergency service, if the drivers are appropriately licensed or certified
by the state of origin. However, if the department has reason to believe
an out-of-state driver would be denied an ambulance driver certificate
if based in California, that driver may be prohibited from driving in this
state unless he/she obtains an ambulance driver certificate.
(b) Medical Training Prerequisite.
Ambulances shall not respond to emergency calls or transport patients
unless the attendant — or the driver, if the service has been exempted from
the requirement to have an attendant — possesses a certificate or license
evidencing compliance with the emergency medical training and educa-
tional standards for ambulance personnel established by the State Emer-
gency Medical Service Authority in title 22 of this code. This require-
ment shall not apply during a "state of war emergency," duly proclaimed
"state of emergency," or "local emergency," as defined in Government
Code section 8558, when it is necessary to fully utilize all available am-
bulances in an area and it is not possible to have such ambulances oper-
ated or attended by persons with the qualifications required by this sec-
tion.
NOTE: Authority cited: Section 2512, Vehicle Code. Reference: Sections 2504
and 2512, Vehicle Code; Section 1760.5, Health and Safety Code.
History
1 . Amendment filed 10-27-82; effective thirtieth day thereafter (Register 82, No.
44).
2. Change without regulatory effect amending subsection (a) filed 1-22-91 (Reg-
ister 91, No. 10).
§ 1 1 00.4. Ambulance Identification.
The name of the public entity that operates an emergency ambulance
service or the name under which the ambulance licensee is doing busi-
ness or providing service shall be displayed on both sides and the rear of
each emergency ambulance. The display of the name shall be in letters
in sharp contrast to the background and shall be of such size, shape, and
color as to be readily legible during daylight hours from a distance of 50
feet. All ambulances operated under a single license shall display the
same identification.
Page 79
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§ 1100.5
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
NOTE: Authority cited: Section 2512, Vehicle Code. Reference: Sections 2504,
25 \ 2 and 2542, Vehicle Code.
History
1 . Amendment filed 3-25-96; operative 4-24-96 (Register 96, No. 13).
§ 1100.5. Ambulance Location Report.
Entities providing emergency ambulance service shall notify the local
office of the department whenever the usual location of an emergency
ambulance is changed, an ambulance is acquired, or an ambulance is re-
moved from service.
NOTE: Authority cited: Section 2512. Vehicle Code. Reference: Sections 2504,
2512 and 2542, Vehicle Code.
§ 1 1 00.6. Periodic Ambulance and Records Inspection.
Ambulances used for emergency service, personnel records and call
records may be inspected periodically by the department to ensure com-
pliance with requirements of the Vehicle Code and this title. Ambulances
and records shall be made available for such inspection upon notice by
a representative of the department.
NOTE: Authority cited: Section 2512, Vehicle Code. Reference: Sections 2504,
2512 and 2542, Vehicle Code.
§ 1 1 00.7. Record of Calls.
Every ambulance service shall maintain a current record of each emer-
gency call either at the service address or the location where the respond-
ing ambulance is based. The record shall be retained for not less than
three years and shall contain the following information:
(a) Date and time of emergency call, location where service is needed,
and identity of person receiving the call for ambulance service.
(b) Identity of person or, when applicable, the name of the agency re-
questing an ambulance.
(c) Identification of each ambulance and personnel dispatched, and re-
cord of siren and red light use.
(d) Explanation of any failure to dispatch an ambulance as requested.
(e) Time of dispatch and times of arrival and departure from the scene
of emergency.
(f) Destination of patient and time of arrival at destination.
(g) Name or other identification of patient (if name is unavailable) or
description of item requiring emergency transportation.
NOTE: Authority cited: Section 2512, Vehicle Code. Reference: Sections 2504.
2512 and 2542, Vehicle Code.
§1100.8. Personnel Records.
Every ambulance service shall maintain a personnel file for each driv-
er and attendant either at the address of the service or the location where
the employee is based. Each personnel file shall contain the following in-
formation:
(a) Effective date of employment.
(b) Facsimiles of driver license, ambulance driver certificate, and cur-
rent medical examination certificate of each driver.
(c) Facsimile of the current certificate or license evidencing com-
pliance with emergency medical training andeducational standards for
ambulance personnel established by the State Emergency Medical Ser-
vice Authority.
(d) Summary of work experience for the five years preceding the ef-
fective date of present employment.
(e) An affidavit by each ambulance attendant and/or driver declaring,
under penalty of perjury, that he/she is not subject to the applicable atten-
dant or driver prohibitions contained in sections 1 101(b) of this title or
Vehicle Code section 13372.
(f) Evidence of satisfactory completion of other driver and attendant
training required by this article and theVehicle Code.
NOTE: Authority cited: Section 2512, Vehicle Code. Reference: Sections 2504,
2510, 2512 and 2542, Vehicle Code.
History
1. Amendment of subsection (c) filed 10-27-82; effective thirtieth day thereafter
(Register 82, No. 44).
2. Change without regulatory effect amending subsections (d)-(f) filed 1-22-91
(Register 91, No. 10).
§ 1 1 01 . Ambulance Attendant.
The attendant on an ambulance transporting any person in apparent
need of medical attention shall occupy the patient compartment and shall
meet the requirements of this section.
(a) Qualifications. The attendant shall be at least 18 years of age and
shall possess a certificate or license evidencing compliance with the
emergency medical training and educational standards for ambulance
personnel established by the State Emergency Medical Service Author-
ity.
(b) Prohibitions. No person shall act at any time in the capacity of an
ambulance attendant when such person:
(1) Is required under Section 290 of the Penal Code to register as a sex
offender for any offense involving force, duress, threat, or intimidation.
(2) Habitually or excessively uses or is addicted to narcotics or danger-
ous drugs, or has been convicted during the preceding seven years of any
offense relating to the use, sale, possession, or transportation of narcotics
or addictive or dangerous drugs.
(3) Habitually and excessively uses intoxicating beverages.
(4) Has been convicted during the preceding seven years of any of-
fense punishable as a felony and involving force, violence, threat, or in-
ti midati on , or has been con victed of theft in either degree during that peri-
od. Persons on parole or probation for such offenses or crimes involving
force, violence, threat, or intimidation shall not act as ambulance atten-
dants until the parole or probation is ended.
(5) Has committed any act involving moral turpitude, including fraud
or intentional dishonesty for personal gain, within the preceding seven
years.
(6) Has demonstrated irrational behavior or incurred a physical dis-
ability to the extent that a reasonable and prudent person would have rea-
sonable cause to believe that his/her ability to perform the duties normal-
ly expected of an attendant may be impaired.
(c) Exceptions. Criminal prohibitions of this section notwithstanding,
any person who holds a valid ambulance driver certificate issued by the
Department of Motor Vehicles may serve as an ambulance attendant pro-
vided he/she meets the qualifications and possesses a certificate or li-
cense evidencing compliance with the emergency medical training and
educational standards for ambulance personnel established by the State
Emergency Medical Service Authority. Employment as an attendant
may be authorized at the discretion of the Department of the California
Highway Patrol when only medical and health standards related to driv-
ing abilities or a poor driving record precludes issuance of the driver cer-
tificate. •
NOTE: Authority: Section 2512, Vehicle Code. Reference: Sections 2504, 2510,
2512 and 2542, Vehicle Code.
History
1. Amendment of subsections (a) and (c) filed 10-27-82; effective thirtieth day
thereafter (Register 82, No. 44).
§ 1 1 02. Ambulance Driver.
NOTE: Authority cited: Section 2512, Vehicle Code. Reference: Sections 2504,
2512 and 2542, Vehicle Code.
History
1 . Amendment of subsections (b)(4) and (c) filed 10-27-82; effective thirtieth day
thereafter (Register 82, No. 44).
2. Change without regulatory effect repealing section filed 1-22-91 pursuant to
section 100, title 1, California Code of Regulations (Register 91, No. 10).
§ 1 1 02.2. Denial, Suspension, and Revocation of
Ambulance Driver Certificate.
NOTE: Authority and reference cited: Section 2512, Vehicle Code.
History
1. Change without regulatory effect repealing section filed 1-22-91 pursuant to
section 100, title 1, California Code of Regulations (Register 91, No. 10).
§1102.4. Hearings.
NOTE: Authority and reference cited: Section 2512, Vehicle Code.
History
1. Change without regulatory effect repealing section filed 1-22-91 pursuant to
section 100, title 1, California Code of Regulations (Register 91, No. 10).
§ 1102.5. Hearing Review Committee.
NOTE: Authority and reference cited: Section 2512, Vehicle Code.
History
1 . Amendment filed 1 0-27-82; effective thirtieth day thereafter (Register 82, No.
44).
2. Change without regulatory effect repealing section filed 1-22-91 pursuant to
section 100, title 1, California Code of Regulations (Register 91, No. 10).
Page 80
Register 96, No. 13; 3-29-96
Title 13
Department of the California Highway Patrol
§1105
§ 1102.6. Disciplinary Periods.
NOTE: Authority and reference cited: Section 2512, Vehicle Code.
History
1. Change without regulatory effect repealing section filed 1-22-91 pursuant to
section 100, title 1, California Code of Regulations (Register 91, No. 10).
§ 1 1 02.8. Meaning of Conviction.
NOTE: Authority and reference cited: Section 2512, Vehicle Code.
History
1. Change without regulatory effect repealing section filed 1-22-91 pursuant to
section 100, title 1, California Code of Regulations (Register 91, No. 10).
§ 1 1 03. Ambulance Safety Equipment.
All safety equipment carried or installed shall be maintained in good
working order and shall include but not be limited to:
(a) A siren and steady burning red warning lamp that meet require-
ments established by the department.
(b) Seat belts or equivalent restraints, for the driver and any front seat
passenger.
(c) A fire extinguisher of the dry chemical or carbon dioxide type with
a minimum 4-B:C rating maintained as prescribed by the State Fire Mar-
shal. The use of vaporizing liquid extinguishers is prohibited.
(d) A portable, battery-operated light.
(e) A spare wheel with inflated tire of appropriate load rating.
(f) A jack and tools for wheel changes.
(g) Map covering the areas in which the ambulance provides services,
(h) Patient compartment door latches operable from inside and outside
the vehicle on all emergency ambulances manufactured and first regis-
tered after January 1, 1980.
NOTE: Authority cited: Section 2512, Vehicle Code. Reference: Sections 2504,
2512 and 2542, Vehicle Code.
§ 1 1 03.2. Ambulance Emergency Care Equipment and
Supplies.
Any equipment or supplies carried for use in providing emergency
medical care must be maintained in clean condition and good working
order.
(a) Essential equipment and supplies to be carried shall include as a
minimum:
(1) An ambulance cot and collapsible stretcher; or two stretchers, one
of which is collapsible.
(2) Straps to secure the patient to the stretcher or ambulance cot, and
means of securing the stretcher or ambulance cot in the vehicle.
(3) Ankle and wrist restraints. Soft ties are acceptable.
(4) Sheets, pillow cases, blankets, and towels for each stretcher or am-
bulance cot, and two pillows for each ambulance.
(5) Three oropharyngeal airways, one each of a size for adults, chil-
dren and infants.
(6) At least four pneumatic or rigid splints capable of splinting all ex-
tremities.
(7) A resuscitator that meets the requirements of Vehicle Code Section
2418.5. A hand operated bag- valve-mask unit with clear masks of adult,
child, and infant sizes capable of use with oxygen will meet this require-
ment.
(8) Oxygen (USP), regulator, and means for administering oxygen, in-
cluding adequate tubing and semiopen, valveless, transparent masks in
adult, child, and infant sizes. Oxygen may be administered by resuscita-
tor, bag mask unit, or inhalator. (Portability required.) Oxygen supply
must be sufficient to provide a patient with not less than 10 liters per min-
ute for 20 minutes.
(9) Clean bandages and bandaging supplies:
Twelve sterile bandage compresses or equivalent
Four 3- by 3-in. sterile gauze pads
Six 2-, 3-, 4-, or 6 -in. roller bandages
Two rolls of 1-, 2- or 3-in. adhesive tape
Bandage shears
Two 10- by 30-in. or larger universal dressings
(10) An emesis basin, or disposable bags and covered waste container.
(1 1) Portable suction equipment. Squeeze syringes alone are not suffi-
cient.
(12) Two sandbags, loosely filled, or equivalent material to restrict
movement.
(13) Two spinal immobilization devices, one at least 30-in. in length
and the other at least 60-in. in length with straps for adequately securing
patients to the devices. Combination short-long boards are acceptable.
(14) Half-ring traction splint for lower extremity with limb support
slings, padded ankle hitch traction strap, and heel rest or an equivalent
device.
(15) Blood pressure manometer, cuff, and stethoscope.
(16) Sterile obstetrical supplies including as a minimum: gloves, um-
bilical cord tape or clamps, dressings, towels, bulb syringe, and clean
plastic bags.
(17) A gallon or more of potable water or two liters, saline solution in
covered, secured plastic container.
(18) One bedpan or fracture pan.
(19) One urinal.
(b) Exception. Ambulances while in use for infant transportation or
when staffed and equipped for use in conjunction with newborn intensive
care nursery services as specified in Title 22 of this code, need not con-
currently carry items of emergency care equipment or supplies that
would interfere with the specialized care and transportation of an infant
in an incubator or isolette.
NOTE: Authority cited: Section 2512, Vehicle Code. Reference: Sections 2504,
2512 and 2542, Vehicle Code.
History
1 . Amendment of subsection filed 12-14-87; operative 1-13-88 (Register 88, No.
14).
§ 1104. Dispatching Responsibilities.
Ambulance owners, drivers, dispatchers, and other persons directing
the dispatch or operation of ambulances shall comply with the following
requirements:
(a) Delays. Every person who dispatches an ambulance shall do so
promptly or inform the person requesting such service of any delay, with
the reasons therefor, and obtain the consent of the requestor before dis-
patching an ambulance under any circumstances that could delay it.
(b) Restrictions on Directing Use of Red Light and Siren. No person
shall direct or request the use of the siren and red warning light (Code 3
operation) unless such person has reasonable cause to believe that speed
in providing emergency ambulance service is essential to save a life, pre-
vent undue suffering, or to reduce or prevent disability.
(c) Restrictions on Dispatch of Ambulances. The dispatch of an emer-
gency ambulance where ambulance transportation is readily available
from two or more ambulance services shall be in accordance with the fol-
lowing provisions:
(1) An ambulance service receiving an emergency call from a private
person requesting an ambulance at the scene of a motor vehicle accident
shall notify the appropriate law enforcement or other public agency dis-
patch center of the call. An ambulance shall be dispatched only upon in-
structions from that agency.
(2) When the dispatch of an ambulance is normally coordinated by a
single public agency, an ambulance service receiving an emergency call
from a private person requesting an ambulance at the scene of a motor
vehicle accident shall notify he appropriate public agency dispatch center
of the call. An ambulance shall be dispatched only upon instructions from
the agency.
(3) No public or private ambulance service shall cause or permit any
ambulance to be dispatched on the basis of information obtained by mon-
itoring a radio frequency assigned to a law enforcement or other public
agency except by specific request of, or prior arrangement with, the coor-
dinating agency responsible for dispatching emergency ambulances.
NOTE: Authority cited: Section 2512, Vehicle Code. Reference: Sections 2504,
2512 and 2542, Vehicle Code.
§ 1 1 05. Ambulance Driver's Responsibilities.
(a) Delays. Every driver of an ambulance dispatched for emergency
service shall respond promptly or inform the dispatcher of his/her inabil-
ity to respond.
(b) Speed Restriction. In no event shall an ambulance driver exceed a
speed of 1 5 miles per hour while disobeying any official traffic control
Page 81
Register 96, Nos. 30-31; 8-2-96
§1106
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
stop sign or stop signal. This subsection shall not apply to publicly owned
and operated dual purpose law enforcement vehicles during law enforce-
ment work.
(c) Destination Restriction. In the absence of decisive factors to the
contrary, an ambulance driver shall transport emergency patients to the
most accessible emergency medical facility equipped, staffed, and pre-
pared to administer care appropriate to the needs of the patients.
(d) Siren and Red Warning Light Use Restrictions. Ambulance drivers
shall not use the siren and red warning light (Code 3 operation) when traf-
fic is congested to a degree that increased ambulance speed and right-of-
way cannot be gained thereby. Siren and red warning lights shall be used
with due regard for safe roadway operation of ambulances and shall not
be used except under the following circumstances.
(1) When responding to an emergency call or when engaged in emer-
gency services as defined in this article, and
(2) When speed in transporting the patient to an emergency medical
care facility appears essential to prevent loss of life, undue suffering, or
to reduce or prevent disability.
(e) Driver Conditions. No person shall drive or be directed to drive an
ambulance when his/her ability to operate the ambulance safely is ad-
versely affected by fatigue, illness, or any other cause nor when the ve-
hicle is unsafe to operate.
(f) Vehicle Condition. Every driver shall inspect the ambulance prior
to operation to determine that it is in safe condition, equipped as required,
and that all vehicle equipment and installed medical equipment is in good
working order.
NOTE: Authority cited: Section 2512, Vehicle Code. Reference: Sections 2504,
2512 and 2542, Vehicle Code.
§1106. Owner's Responsibilities.
Every owner, operator, manager, or supervisor of an ambulance ser-
vice shall comply with all the provisions ofthis article and Vehicle Code
section 13373 and shall have the following supplementary responsibili-
ties:
(a) Driver Proficiency.
Each driver shall be required to demonstrate that he/she is capable of
safely operating the type of ambulance to which assigned before driving
such vehicle on a highway unsupervised or in emergency service.
(b) Staffing Qualifications.
No person shall be permitted to drive an ambulance or act as the re-
quired attendant unless he/she meets all applicable provisions of this ar-
ticle. Any employee who does not meet the requirements of, or is not
thoroughly familiar with the provisions of this article and Vehicle Code
sections 21055, 21056, 21806, 21807 and 23103, shall be prohibited
from driving an ambulance in emergency service.
(c) Unlawful Operation.
No owner shall knowingly require or permit the operation of any am-
bulance that is not in safe operating condition or not equipped and main-
tained as required by any law or this subchapter; or knowingly require or
permit any driver to drive in violation of any law or regulation.
NOTE: Authority cited: Section 2512, Vehicle Code. Reference: Sections 2504,
2512 and 2542, Vehicle Code.
History
1. Change without regulatory effect amending first paragraph and subsection (d)
filed 1-22-91 (Register 91, No. 10).
§ 1106.2. Financial Responsibility.
No owner shall use any ambulance, or permit any ambulance to be
used, to transport passengers for hire without maintaining ability to re-
spond in damages as required by Vehicle Code Section 16500.
NOTE: Authority cited: Section 2512. Vehicle Code. Reference: Sections 2504,
2512 and 2542, Vehicle Code.
§ 1107. Ambulance Service Licensing Requirements.
Owners other than public agencies shall not permit their ambulances
to respond to emergency calls unless they have obtained from the depart-
ment a license to operate an emergency ambulance service. A license will
be issued only to persons or entities operating 1 or more ambulances de-
signed and operated exclusively as ambulances of which at least 1 is
available 24 hours daily to provide emergency transportation.
(a) EXCEPTIONS. Exceptions to ambulance licensing requirements
are as follows:
(1) License and vehicle identification certificate requirements shall
not apply to publicly owned and operated ambulances, or vehicles oper-
ated as ambulances at the request of local authorities during any "state
of war emergency," duly proclaimed "state of emergency," or "local
emergency," as defined in Government Code Section 8558.
(2) License requirements shall not prevent peace officers from arrang-
ing for the transportation of any person in need of emergency medical
care when a licensed ambulance is not available and such transportation
is immediately required.
(3) An ambulance service that provides service only for special events
or industrial employees and does not respond to calls from the general
public is exempt from 24— hour availability as a licensing prerequisite.
(b) License Applications.
(1) Ambulance license applications shall contain such information as
the department may deem necessary to determine whether any owner,
partner, officer, or director shall be disqualified for any of the reasons set
forth in Vehicle Code Sections 2541 and 2542. Information may include
the business name, owner's name, address, fingerprints, birth date, social
security number, driver license number, and personal history.
(2) Every license application shall be signed and verified by the owner
applicant or an authorized representative.
(3) Every license application shall be accompanied by a list of ambu-
lances to be operated under the license with each ambulance identified
by year make/model, vehicle identification number, and license plate
number.
(4) Every application for an initial license shall also be accompanied
by:
(A) A fee of $200.
(B) An inspection report on a form furnished by the department for
each ambulance certifying satisfactory completion of a vehicle inspec-
tion performed not more than 30 days prior to the application date. The
vehicle inspection shall be performed and the report signed by a repre-
sentative of the department.
(C) An official brake adjustment certificate for each ambulance issued
not more than 45 days prior to the application date. Submission of the cer-
tificate may be waived by the department when no licensed brake adjust-
ing station is located within 30 miles provided the licensee certifies the
brake system meets requirements of the Vehicle Code. The certificate
will be waived if the ambulance qualifies under Section 430 of the Ve-
hicle Code as a new vehicle.
(D) One acceptable fingerprint card for each applicant owner, partner,
officer, director and controlling shareholder. The fingerprint card re-
quirement may be waived upon application to the department from a cor-
poration where the requirement would be burdensome because there ex-
ists a large number of officers, directors, or controlling shareholders.
(5) Every application for a renewal license shall also be accompanied
by:
(A) A fee of $150.
(B) One acceptable fingerprint card for each applicant owner, partner,
officer, director and controlling shareholder added since last licensed.
(c) License Cancellation and Replacement. An ambulance license
may be cancelled without prejudice when it has been issued through error
or voluntarily surrendered. Any person who has voluntarily surrendered
his license may immediately apply for a replacement license for the unex-
pired term without fee.
(1) Any licensee who changes the name of the business or service from
that on the license shall surrender the license to the department for can-
cellation within 10 days thereafter and may apply for a replacement li-
cense.
(2) Surrender and cancellation will be permitted at any time at the re-
quest of the licensee.
(d) Posting of Service Fees. The licensee shall establish and maintain
a schedule of fees covering usual service charges. The schedule shall be
prominently posted in the business office.
(e) Direct Telephone Service. 24-hour availability for service includes
but is not limited to 24-hour maintenance of direct telephone service
Page 82
Register 96, Nos. 30-31; 8-2-96
Title 13
Department of the California Highway Patrol
§1109
•
•
whereby both public agencies and the general public can request and ob-
tain prompt emergency ambulance service.
NOTE: Authority cited: Sections 2402 and 2512, Vehicle Code. Reference: Sec-
tions 2501, 2502, 2503, 2504, 2512 and 2542, Vehicle Code.
History
1. Amendment of subsections (a)(1), (b)(2) and new subsection (b)(3) filed
10-27-82; effective thirtieth day thereafter (Register 82, No. 44).
2. Amendment filed 1 1-1 7-83; effective thirtieth day thereafter (Register 83, No.
47).
3. Amendment of subsection (b) filed 3-4-85; designated effective 4-1-85 pur-
suant to Government Code Section 11346.2(d) (Register 85, No. 10).
4. Amendment of subsection (b)(4)(C) filed 1 2-1 4-87; operative 1-1 3-88 (Regis-
ter 88, No. 14)
5. Change without regulatory effect amending first paragraph and subsections
(a)( 1 ), (a)(3), (b)(3), (b)(4)(D), (b)(5)(B) and (e) filed 1 2-21-95 pursuant to sec-
tion 100, title 1, California Code of Regulations (Register 95, No. 51).
6. Repealer of subsection (b)(4)(D) and subsection relettering, and repealer of sub-
section (b)(5)(B) and subsection relettering filed 7-31-96; operative 8-30-96
(Register 96, No. 31).
§ 1107.2. Ambulance Identification Certificate.
(a) Requirements. No privately owned or operated emergency ambu-
lance shall be operated in emergency service or be used to transport a pa-
tient unless it carries a valid ambulance identification certificate or tem-
porary operating authority issued for that ambulance. An identification
certificate is issued by the department as evidence that the operator has
obtained a license to operate an emergency ambulance service and that
the ambulance identified thereon has been inspected and determined to
be in compliance with requirements of the Vehicle Code and this title.
(b) Issuance. An ambulance identification certificate will be issued in
conjunction with the initial license, and renewals thereof, for each ambu-
lance to be operated under that license. An identification certificate will
be issued for an additional ambulance acquired during the license year
by a licensee provided a request is accompanied by the items listed in
Section 1 107(b)(4)(B) and (C). The vehicle must be inspected and the in-
spection report signed by a representative of the department.
(c) Validity. An ambulance identification certificate shall remain valid
during the term of the license under which the certificate was issued, pro-
vided the licensee retains the license and possession and control of the
vehicle and the ambulance meets all applicable requirements.
(d) Surrender. An ambulance identification certificate shall be surren-
dered to the department under any of the following conditions:
(1) Change in ownership of the vehicle.
(2) Transfer of possession or control of the ambulance.
(3) Surrender or expiration of the license.
(4) Noncompliance with equipment requirements of statutes, or regu-
lations. (The certificate may be returned when the vehicle is again in
compliance.)
(5) Failure to submit an inspection report as required.
(e) Temporary Transfer of Emergency Ambulance. Provisions of pre-
ceding subsection (a) notwithstanding, a privately owned emergency
ambulance for which an identification certificate has been issued and
which is temporarily transferred to another licensee may be operated for
not more than 30 days without a new identification certificate if all other
requirements for equipment, identification, and operation are met. Be-
fore operating the ambulance, the new licensee shall obtain temporary
operating authorization from the local office of the department. When an
ambulance is transferred between licensees, the original licensee shall
surrender the identification certificate to the department. The certificate
may be returned to the original licensee upon repossession of the vehicle
and submission of a signed inspection report for that ambulance. A brake
certificate is not required in conjunction with a temporary transfer.
NOTE: Authority cited: Sections 2402 and 2512, Vehicle Code. Reference: Sec-
tions 2504, 2510, 2512 and 2542, Vehicle Code.
History
1 . Amendment filed 10-27-82; effective thirtieth day thereafter (Register 82, No.
44).
[The next
2. Amendment of subsection (a) filed 1 1-17-83; effective thirtieth day thereafter
(Register 83, No. 47).
3. Change without regulatory effect amending section heading and section filed
12-21-95 pursuant to section 100, title 1, California Code of Regulations (Reg-
ister 95, No. 51).
4. Amendment of subsections (b) and (e) filed 7-31-96; operative 8-30-96 (Reg-
ister 96. No. 31).
§ 1107.4. Temporary Operating Authorization.
A privately owned or operated ambulance inspected and approved by
a member of the department may be temporarily operated by a licensee
or applicant prior to receipt of the license and/or the ambulance identifi-
cation certificate when authorized by the local California Highway Patrol
Area Commander. Such authorization shall be carried in the vehicle. A
temporary substitute for the identification certificate and the license, the
authorization is valid for a period of up to 30 days. It shall be invalid when
replaced by an ambulance identification certificate and/or license or
when the license is denied.
NOTE: Authority cited: Sections 2402 and 2512, Vehicle Code. Reference: Sec-
tions 2504, 2510, 2512 and 2542, Vehicle Code.
History
1 . Amendment filed 1 1-17-83; effective thirtieth day thereafter (Register 83, No.
47).
2. Change without regulatory effect amending section filed 12-21-95 pursuant to
section 100, title 1, California Code of Regulations (Register 95, No. 51).
§ 1108. Exemption from Requirements.
(a) Discretionary Exemption. The department may, upon a showing of
good cause, grant exemptions to requirements specified in this article.
The department may require concurrence by the County Health Officer
or the county emergency medical care committee where the ambulance
service is provided, and may impose such conditions as deemed neces-
sary.
(b) Mandatory Exemption. Exemptions mandated by Vehicle Code
Section 25 12 will be granted subject to the following conditions:
(1 ) Requests. Requests for exemptions by a county board of supervi-
sors shall include the ambulance service name, the specific exemption re-
quested, the findings of the county emergency medical care committee
pertaining to the exemption, and a statement from the county board of su-
pervisors that the exemption is necessary for public health and safety.
(2) Limitations. Each exemption shall be limited to a specific ambu-
lance service and shall be applicable to ambulance operation only within
the county of the board requesting the exemption.
(3) Exemption Renewal. Renewal requests should indicate that the
conditions creating the need for exemptions have been reviewed and that
the continued exemption is necessary for public health and safety.
(c) Exemption Expiration. Exemptions shall be valid for a period of
not more than two years, unless rescinded earlier for cause. Exemptions
are not transferable and shall expire upon change of ownership of the am-
bulance service.
(d) Termination. Exemptions may be terminated for cause, upon re-
quest of the county board of supervisors, or when the need for exemp-
tions no longer exists.
NOTE: Authority and reference cited: Section 2512, Vehicle Code.
§ 1 1 09. Grounds for Suspension or Revocation of License.
Grounds for disciplinary action enumerated in Vehicle Code Section
2542 include but are not limited to:
(a) Violation of any provision of this article.
(b) Unlawful use of sirens or warning lamps.
(c) Frequent failure to respond or an evidenced lack of ability or inten-
tion to provide 24-hour service.
(d) Failure to exercise reasonable care in handling patients or a demon-
strated lack of competence in caring for patients or using required equip-
ment.
(e) Fraudulent billing practices or charging for services not provided
and/or not necessary.
page is 85.]
Page 83
Register 96, Nos. 30-31; 8-2-96
Title 13
Department of the California Highway Patrol
§1113
NOTE: Authority cited: Section 2512, Vehicle Code. Reference: Sections 2512
and 2542. Vehicle Code.
Article 2. Armored Cars
§ 11 1 0. Scope of Regulations.
This article shall apply to licenses and vehicle inspections required
prior to the operation of privately owned armored cars, in accordance
with Chapter 2.5 of Division 2 of the Vehicle Code. Armored cars owned
and operated by a public agency are exempt from the provisions of this
article.
NOTE: Authority cited: Section 2402, Vehicle Code. Reference: Section 2501,
2510 and 21713, Vehicle Code.
History
1 . Repealer and new Article 2 ( § § 1 1 1 0 through 1113) filed 12-3-68 as an emer-
gency; designated effective 1 -1 -69 (Register 68, No. 46). For prior history, see
Register 63, No. 14.
2. Certificate of Compliance— Section 1 1422.1, Gov. Code, filed 3-21-69 (Regis-
ter 69, No. 12).
3. Repealer of Article 2 (§§ 1 1 1 0-1 1 1 3) and new Article 2 (§§ 1 1 1 0-1 1 1 3) filed
8-14-73; designated effective 9-20-73 (Register 73, No. 33).
4. Repealer of Article 2 (Sections 1 1 1 0-1 1 13) and new Article 2 (§§ 1 1 10-1 1 1 3)
filed 10-4-77; designated effective 12-1-77 (Register 77, No. 41).
§1111. General Requirements.
General requirements for issuance or renewal of an armored car li-
cense are as follows:
(a) Eligibility for License. A license to operate privately owned ar-
mored cars may be issued only to:
(1) Persons or firms regularly hired to transport money or other valu-
ables that require special security
(2) Financial institutions
(3) Armored car dealers or manufacturers
(4) Collectors of vehicles of historic value or special interest and origi-
nally designed, manufactured, or equipped as armored cars
(5) Other persons or entities that can show legitimate need.
(b) License Applications. An armored car license application shall re-
quire such information as the department deems necessary to determine
whether any applicant shall be disqualified on grounds set forth in Ve-
hicle Code Sections 2541 and 2542.
(1) Information may include the business name, owner-applicant's
name, address, fingerprints, birth date, social security number, driver li-
cense number, and personal history.
(2) Every license application shall be signed and verified by the ow-
ner-applicant or an authorized representative thereof.
(3) Each application for an initial or renewal license shall be accompa-
nied by:
(A) A list of armored cars to be operated under the license with each
vehicle identified by year model, make, vehicle identification number,
and license plate number.
(B) One acceptable fingerprint card for each applicant owner, partner,
officer, director and controlling shareholder. The fingerprint cards are
not required with license renewal applications except for persons added
since last licensed. The fingerprint card requirement may be waived upon
application to the department from a corporation where the requirement
would be burdensome because there exists a large number of officers, di-
rectors, or controlling shareholders.
(c) License Cancelation and Replacement. An armored car license
may be canceled without prejudice when it has been issued in error or
voluntarily surrendered, or has expired. Any person after surrendering a
license voluntarily may immediately apply for a replacement license for
the unexpired term without fee.
(1) Any licensee changing the name or address from that on the license
shall surrender the license to the department for cancelation within 10
days thereafter, and may apply for a replacement license. Effective Janu-
ary 1, 1983, a change of address shall be reported within 10 days, but sur-
render of the license is not required.
(2) Surrender and cancelation will be permitted at any time at the re-
quest of the licensee.
(3) Any license expired over 30 days is no longer renewable and shall
be canceled.
NOTE: Authority cited: Section 2501, Vehicle Code. Reference: Sections 2501,
2503, 2510, 2541 and 21713, Vehicle Code.
History
1. Amendment of subsection (a)(5) filed 6-1 7-82; effective thirtieth day thereafter
(Register 82, No. 25).
2. Amendment of subsection (b) and (c)(1) filed 9-8-82; effective thirtieth day
thereafter (Register 82, No. 37).
§ 1 1 1 2. Armored Car Inspection and Identification Card.
Each armored car shall be inspected by a member of the department
in conjunction with the initial issuance of the license or identification
card. An identification card is issued for each armored car as evidence
that the owner has obtained a license to operate an armored car and that
the vehicle identified thereon has been inspected and determined to be in
compliance with Vehicle Code requirements. The identification card
shall be carried in the vehicle for which it is issued.
(a) Issuance and Retention. An armored car identification card will be
issued initially in conjunction with the issuance of a license or upon re-
quest from a licensee for authority to operate an additional armored car.
provided a satisfactory inspection report is submitted for each vehicle.
Retention of the armored car identification card(s) is contingent upon
continued compliance with licensing and equipment requirements.
(b) Expiration. An armored car identification card shall remain valid
during the term of the license under which the card was issued, including
renewals thereof, as long as the licensee retains the license and posses-
sion and control of the vehicle and the armored car meets all require-
ments.
(c) Surrender. An armored car identification card shall be surrendered
to the department under any of the following conditions:
(1) Change in ownership of the vehicle
(2) Transfer of possession or control of the vehicle
(3) Surrender or expiration of the license
(4) Noncompliance with equipment requirements of statutes or regula-
tions. (The card may be returned when the vehicle is again in com-
pliance.)
(d) Registration and License Plates. A licensee shall notify the depart-
ment of the license plate number of each armored car and any subsequent
change in registration.
NOTE: Authority cited: Section 2501, Vehicle Code. Reference: Sections 2501,
2510, and 21713, Vehicle Code.
History
1. Amendment filed 9-25-81; effective thirtieth day thereafter (Register 81, No.
39).
2. Repealer of subsections (d) and (f) and relettering and amendment of subsection
(e) to (d) filed 9-8-82; effective thirtieth day thereafter (Register 82, No. 37).
§ 1 1 13. Temporary Operating Authorization.
An armored car inspected and approved by a member of the depart-
ment may be operated temporarily by a licensee or applicant prior to re-
ceipt of the license and/or the armored car identification card when au-
thorized by the local California Highway Patrol Area commander. Such
authorization shall be carried in the vehicle. Temporary authorization
shall be invalid when replaced by an armored car identification card and/
or license or when the license is denied.
NOTE: Authority cited: Section 2501, Vehicle Code. Reference: Sections 2501,
2510 and 21713, Vehicle Code.
History
1 . Repealer and new section filed 9-8-82; effective thirtieth day thereafter (Regis-
ter 82, No. 37).
Page 85
(4-1-90)
§1120
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
Article 3. Authorized Emergency
Vehicles — Permits
§ 11 20. Scope of Regulations.
The provisions of this article shall apply to authorized emergency ve-
hicles operated under permits issued by the department pursuant to Ve-
hicle Code Section 2416.
NOTE: Authority cited: Section 2416, Vehicle Code. Reference: Sections 2416
and 2417, Vehicle Code.
History
1. Repealer of Article 3 (Sections 1120-1124) and new Article 3 (Sections
1120-1124) filed 12-10-68 as an emergency; designated effective 1-1-69
(Register 68, No. 47). For former sections, see Registers 63. No. 14 and 65, No.
2.
2. Certificate of Compliance— Section 11422.1, Gov. Code, filed 3-2 1-69 (Regis-
ter 69, No. 12).
3. Repealer of Article 3 (Sections 1 120-1 124) and new Article 3 (Sections
1 120-1 124) filed 6-1 1-80; effective thirtieth day thereafter (Register 80, No.
24). For prior history, see Registers 75, No. 13, and 73, No. 13.
4. Editorial correction of NOTE (Register 81, No. 44).
§1121. Permit Issuance and Retention.
Issuance and retention of authorized emergency vehicle permits shall
be subject to the following conditions.
(a) Application. A separate application for each vehicle shall be made
on forms prescribed by the department.
(b) Brake Adjustment Certificate. An official brake adjustment certifi-
cate shall be submitted with each application for a permit and shall be
dated not more than 45 days prior to the application date. Submission of
the certificate may be waived by the department when a licensed brake
adjusting station is not located within 30 miles and provided the applicant
certifies that the brake system meets requirements of the Vehicle Code.
(c) Photographs. Two vehicle photographs, not less than 3x4 inches
and taken close enough so that the vehicle fills the picture, shall be sub-
mitted, one showing the front and left side view and the other the rear and
right side view. An application for reissuance of a permit need not be ac-
companied by new photographs, provided no changes have been made
in the vehicle appearance.
(d) Vehicle Inspection Report. Each application shall include a certi-
fied departmental inspection report showing satisfactory completion of
a compliance inspection performed not more than 30 days prior to the
application. For an initial permit, the vehicle inspection shall be per-
formed and the report certified by a representative of the department. For
a renewal permit, the report may be certified by the permittee. Upon no-
tice by the department, the vehicle shall be made available for an inspec-
tion by a representative of the department to verify compliance with
equipment requirements.
(e) Eligibility Verification. Information may be required as needed to
verify the applicant's eligibility for the permit.
(f) Permit Retention in Vehicle. The permit shall be carried in the ve-
hicle for which it is issued.
(g) Permit Surrender and Cancellation. The permit remains the proper-
ty of the department, is not transferable, and shall be surrendered to the
department for cancellation upon:
(1) Change of ownership or possession of the vehicle,
(2) Loss of eligibility, when either the permittee or vehicle fails to meet
established prerequisites,
(3) Expiration, suspension, or revocation of the permit,
(4) Discovery that the permit was issued through error or fraud.
(h) Permit Expiration and Reissuance. A permit for an authorized
emergency vehicle shall expire not more than two years from the date of
issuance or upon loss of eligibility. Expiration dates may be varied by the
department as deemed necessary to facilitate scheduling of vehicle in-
spections. An application for reissuance may be submitted within the 30
days prior to expiration.
(i) Corrections or Changes. Corrections or any change of name, not in-
volving a change of ownership, or a change of address or relocation of
the permittee or vehicle shall be reported to the department within 10
days thereafter. Surrender of the permit for replacement to reflect such
changes or other corrections may be required at the discretion of the de-
partment.
NOTE: Authority and reference cited: Section 2416, Vehicle Code.
History
1. Amendment of subsections (b) and (d) filed 9-8-82; effective thirtieth day
thereafter (Register 82, No. 37).
§1122. Special Requirements.
The vehicle for which a permit is issued may be operated as an autho-
rized emergency vehicle only when specially equipped and maintained
as follows:
(a) Special Devices. Each vehicle shall be equipped with:
(1 ) A siren and at least one steady burning red warning lamp that meet
requirements established by the department;
(2) Seat belts, or equivalent passive restraints, for each seat utilized by
personnel when such vehicles are being operated.
(b) Maintenance. The body, mechanical parts of the vehicle, and all re-
quired equipment shall be maintained in serviceable condition at all
times.
NOTE: Authority and reference cited: Section 2416, Vehicle Code.
§1123. Prohibitions.
Permitted authorized emergency vehicles shall not be operated dis-
playing the red warning lamp and/or sounding a siren ("Code 3 opera-
tion") unless:
(a) Operated by the person or entity to whom the permit is issued, and
(b) There is reasonable cause to believe that an emergency exists or to
apprehend a suspected violator of the law, and
(c) The vehicle is equipped and maintained as required by the Vehicle
Code and regulations adopted herein.
NOTE: Authority and reference cited: Section 2416, Vehicle Code.
History
1. Editorial Correction of NOTE (Register 81, No. 44).
§ 1124. Permit Denial, Suspension, or Revocation.
Grounds for denial, suspension, or revocation include but are not lim-
ited to the following:
(a) Denial.
(1 ) The permit shall be denied unless the vehicle, proposed usage, and
the applicant qualify as specified in Vehicle Code Section 2416 and this
article.
(2) The permit may be denied if the applicant has had a permit sus-
pended or revoked or has committed any act which, if committed by any
permittee, would be grounds for the suspension or revocation of a permit.
(b) Suspension or Revocation. The permit may be suspended or re-
voked upon a determination by the department that:
(1 ) The vehicle was operated as an emergency vehicle without reason-
able cause.
(2) The vehicle is not equipped or maintained as required by the Ve-
hicle Code or by regulations adopted thereunder.
(3) The vehicle or permittee no longer meets the prerequisites for the
permit.
(4) The vehicle was operated in violation of any other provisions of
law.
NOTE: Authority cited: Section 2416, Vehicle Code. Reference: Sections 2416
and 2417, Vehicle Code
History
1. Editorial Correction of NOTE (Register 81, No. 44).
Page 86
(4-1-90)
Title 13
Department of the California Highway Patrol
§1150
§1134. Stop Order.
Article 4. School Bus Contractor's License 1P , ri A, 0I ~ fr ,. "1sJ°!1Yh fl ft ,„ -t A, Nrt im
1 . Repealer filed 6-2 1-63; effective thirtieth day thereafter (Register 63, No. 10).
§ 1130. License Issuance and Retention.
Issuance and retention of a school bus contractor's license shall be
subject to the following conditions.
(a) Application. A separate application for each contractor shall be
made on form "APPLICATION FOR SCHOOL BUS CONTRAC-
TOR'S LICENSE", CHP296 (REV 01-00) which is incorporated herein
by reference. The form is furnished by the Department.
(b) Temporary License. Contractors who have paid the license fee may
use either of the following as a temporary license for not more than 30
days:
(1) A copy of the contractor's completed application for a license and
a copy of the check or money order indicating payment of fee.
(2) A telegraphic money order receipt, or copy thereof, made payable
to the California Highway Patrol, indicating payment of fee for the con-
tractor's license.
(c) License Surrender and Cancellation. The license remains the prop-
erty of the Department, is not transferable, and shall be surrendered to the
Department for cancellation upon:
( 1 ) Change of ownership of the contractor's business,
(2) Expiration or suspension of the license,
(3) Discovery that the license was issued through error or fraud.
(d) License expiration or reissuance. A license for a school bus con-
tractor shall expire not more than one year from date of issuance. An
application for reissuance may be submitted within 60 days prior to expi-
ration.
(e) Corrections or Changes. Corrections or any change of name not in-
volving a change of ownership, or any change of address or relocation of
the license shall be reported to the Department within 10 days thereafter.
Surrender of the license for replacement to reflect name changes or other
corrections may be required at the direction of the Department.
NOTE: Authority cited: Sections 2572 and 34501.5, Vehicle Code. Reference:
Sections 2503 and 2570, Vehicle Code.
History
1. New section filed 5-14-90; operative 6-1 3-90 (Register 90, No. 23). For prior
history, see Register 78, No. 33.
2. Change without regulatory effect amending subsection (a) and Note filed
7-3-97 pursuant to section 100, title 1, California Code of Regulations (Regis-
ter 97, No. 27).
3. Change without regulatory effect amending subsection (a) filed 12-10-98 pur-
suant to section 100, title 1, California Code of Regulations (Register 98, No.
50).
4. Amendment of subsection (a) and amendment of Note filed 5-24-2001 ; opera-
tive 6-23-2001 (Register 2001, No. 21).
§ 1 1 31 . Substitution of Officials.
History
1. Amendment filed 1-19-65; effective thirtieth day thereafter (Register 65, No.
2).
2. Amendment filed 7-1-70 as procedural and organizational; designated effec-
tive 7-8-70 (Register 70, No. 27).
3. Repealer filed 8-14-78; designated effective 9-18-78 (Register 78, No. 33).
§1132. Exemptions.
History
1. Amendment filed 6-21-63; effective thirtieth day thereafter (Register 63, No.
10).
2. Amendment filed 1-19-65; effective thirtieth day thereafter (Register 65, No.
2).
3. Amendment filed 7-1-70 as procedural and organizational; designated effec-
tive 7-8-70 (Register 70, No. 27).
4. Repealer filed 8-14-78; designated effective 9-18-78 (Register 78, No. 33).
§ 1133. Special Exemptions.
History
1. Repealer filed 8-14-78; designated effective 9-18-78 (Register 78, No. 33).
Article 5.
Color of Traffic Law Enforcement
Vehicles
§1140. Scope.
This article shall apply to the color of motor vehicles used by police
and traffic officers on duty for the exclusive or main purpose of enforcing
the provisions of Divisions 10 or 1 1 of the Vehicle Code, as provided in
Section 40800 of the Vehicle Code.
NOTE: Authority cited: Section 2402. Vehicle Code. Reference: Section 40800,
Vehicle Code.
History
1. New Article 5 (Sections 1140 and 1141) filed 2-2-66; designated effective
3-4-66 (Register 66, No. 4).
§ 1 1 41 . Color Requirements.
Each motor vehicle shall have a distinctive exterior finish, exclusive
of wheels and trim, as follows:
(a) Vehicles Except Motorcycles.
Vehicles, except motorcycles, shall be painted:
(1) Entirely white; or
(2) White, except that an area not less than and including the front door
panels shall be black; or
(3) Black, except that an area not less than and including the front door
panels shall be white; or
(4) Any other color, with any color front door panels.
(5) The indicia or name of governmental entity operating the vehicle
shall be displayed in sharp contrast to the background on the front door
panels and shall be of such size, shape, and color as to be readily legible
during daylight hours from a distance of 50 feet.
(b) Stripes. Painted stripes, if used, shall be no wider than 6 inches.
(c) Motorcycles. Each motorcycle shall have one of the following fi-
nishes:
(1) Entirely white; or
(2) The sides of the tank and fenders shall be white or the fenders may
be entirely white or entirely black; the remaining portions of the motor-
cycle, which normally receive a painted or enameled finish, shall be
black, white, or a combination of black and white, except that these sur-
faces may have a sharply contrasting accent color overlaying the pre-
dominant black and/or white background; or
(3) Any other color.
(4) The indicia or name of governmental entity operating the motor-
cycle shall be displayed in sharp contrast to the background on the sides
of the fairing or tank and shall be of such size, shape, and color as to be
readily recognizable during daylight hours from a distance of 50 feet.
NOTE: Authority cited: Section 2402, Vehicle Code. Reference: Section 40800,
Vehicle Code.
History
1. Amendment filed 4-8-77; designated effective 5-9-77 (Register 77, No. 15).
2. Editorial correction adding Note filed 4-28-83 (Register 83, No. 1 8).
3. Amendment of subsections (b) and (c)(2) filed 8-31-93; operative 10-1-93
(Register 93, No. 36).
4. Amendment of first paragraph and subsection (a)(4), new subsection (a)(5),
amendment of subsection (c)(2) and new subsections (c)(3)-(4) filed
6-2-2008; operative 7-2-2008 (Register 2008, No. 23).
Chapter 6. Hazardous Materials
Article 1. Explosives Routes and
Stopping Places
§1150. Applicability.
This article shall apply to the transportation of explosives subject to
Division 14 (commencing with Section 31600) of the Vehicle Code.
Page 87
Register 2008, No. 23; 6-6-2008
§ 1150.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
NOTE: Authority cited: Section 31616, Vehicle Code. Reference: Sections 31601
and 31616, Vehicle Code.
History
1. Repealer and new section filed 10-28-92; operative 10-28-92 (Register 92,
No. 44). For prior history, see Register 84, No. 16.
2. Amendment of Note filed 10-17-94; operative 11-16-94 (Register 94, No.
42).
3. Editorial correction of History (Register 94, No. 42).
§ 1 1 50.1 . Designation of Routes and Stopping Places.
(a) The highways, safe stopping places, and inspection stops to be used
for transportation of commodities listed in Section 1150 are set forth in
Sections 1151.1 through 1153.12 (Maps 1 through 1.7A). Safe parking
places are listed in Section 1154.
(b) Definitions.
( 1 ) Safe Stopping Place. "Safe stopping place" means any place where
a driver may stop for food, fuel, or other reason, provided the vehicle is
attended at all times.
(2) Attended Vehicle. A vehicle is "attended" when the driver or per-
son in charge of it is awake and occupies any part of it except the sleeper
berth; or is within 100 ft. of the vehicle and has an unobstructed view of
it.
(3) Safe Parking Place. "Safe parking place" means any off-highway
location or terminal where the driver may park and leave a vehicle unat-
tended.
(4) Inspection Stop. "Inspection stop" means any location specially
designated as such in this article or any safe parking place or safe stop-
ping place where vehicle inspections required by Section 31607 of the
Vehicle Code may be performed.
(5) Required Inspection Stop. "Required inspection stop" means any
place designated as such or any other place where vehicle inspection is
mandatory.
NOTE: Authority cited: Section 31616, Vehicle Code. Reference: Sections 31602,
31614 and 31616, Vehicle Code.
History
1. Repealer and new section filed 10-28-92; operative 10-28-92 (Register 92,
No. 44). For prior history, see Register 88, No. 26.
2. Amendment of Note filed 10-17-94; operative 11-16-94 (Register 94, No.
42).
3. Editorial correction of History (Register 94, No. 42).
§ 11 50.2. Routes Traveled and Stopping.
(a) Routes. No person shall drive or permit the driving of any vehicle
transporting commodities listed in Section 1 150 upon any highway not
designated by this article. For pickup and delivery not over designated
routes, the route selected must be the shortest-distance route from the
pickup location to the nearest designated route entry location, and the
shortest-distance route to the delivery location from the nearest desig-
nated route exit location.
(b) Access to Inspection Stops and Safe Stopping Places. If highway
access is not provided, a highway other than one designated herein may
be used to permit a vehicle or vehicle combination to proceed to and from
an inspection stop or safe stopping place, provided the most direct route
is used avoiding, to the extent practicable, places where crowds are as-
sembled, streetcar tracks, tunnels, viaducts, and dangerous crossings.
(c) Stopping. No person shall stop a vehicle or vehicle combination
transporting commodities listed in Section 1 150 at any place not desig-
nated as a safe stopping place, safe parking place, improved public rest
area as described in (d) of this section or inspection stop, except to com-
ply with orders of a peace officer or an official traffic control device or
unless the vehicle or vehicle combination is disabled.
(d) Public Rest Areas. An improved public rest area contiguous to a
highway is deemed part of the highway for the purpose of this article.
NOTE: Authority cited: Section 3 161 6, Vehicle Code. Reference: Sections 31602,
31614 and 31616, Vehicle Code.
History
1. Repealer and new section filed 10-28-92; operative 10-28-92 (Register 92,
No. 44). For prior history, see Register 84, No. 16.
2. Amendment of subsections (c) and (d) and Note filed 10-17-94; operative
1 1-16-94 (Register 94, No. 42).
3. Editorial correction of History (Register 94. No. 42).
4. Amendment of subsection (a) filed 12-10-96; operative 12-10-96 pursuant to
Vehicle Code section 31616 (Register 96, No. 50).
§ 1 150.3. En Route Inspections.
Inspection of tires and brakes required by Section 31607(c) of the Ve-
hicle Code shall be performed at the following locations:
(a) En Route Inspection Stops. Inspection shall be performed at an in-
spection stop at least every four hours or 150 miles traveled, whichever
occurs first, or as close thereto as is practicable, depending upon the prox-
imity of such inspection stops.
(b) Top-of-Grade Inspection Slops. Regardless of elapsed time or
miles traveled, vehicles shall be inspected at the top of and prior to de-
scending any grade upon which the Department of Transportation has de-
clared a speed limit for trucks of less than 55 miles per hour as provided
by Section 22407 of the Vehicle Code. Such inspection shall be made off
the roadway.
(c) Required Inspection Stops. Regardless of elapsed time or miles
traveled, vehicles shall be inspected at any location designated herein as
a required inspection stop.
NOTE: Authority cited : Section 31616, Vehicle Code. Reference: Sections 3 1 602,
31607, 31608, 31614 and 31616, Vehicle Code.
History
1. Repealer and new section filed 10-28-92; operative 10-28-92 (Register 92,
No. 44). For prior history, see Register 74, No. 14.
2. Amendment of NOTE filed 10-17-94; operative 11-16-94 (Register 94, No.
42).
3. Editorial correction of History (Register 94, No. 42).
§1150.4. Detours.
Detours established on highways designated in this article may be used
for transportation of commodities listed in Section 1 150 pending subse-
quent revision of this article or designation of emergency routes as pro-
vided by Section 3 1617 of the Vehicle Code.
NOTE: Authority cited: Section 31616, Vehicle Code. Reference: Sections 31602
and 31616, Vehicle Code.
History
1. Repealer and new section filed 10-28-92; operative 10-28-92 (Register 92,
No. 44). For prior history, see Register 84, No. 16.
2. Amendment of Note filed 10-17-94; operative 11-16-94 (Register 94, No.
42).
3. Editorial correction of History (Register 94, No. 42).
§ 1 1 50.5. Services and Products.
Services available at safe stopping places are indicated for purposes
of convenience, but no recommendation of any product, service, or loca-
tion is intended or should be inferred.
NOTE: Authority cited: Section 31616, Vehicle Code. Reference: Sections 31602
and 31616, Vehicle Code.
History
1. Repealer and new section filed 10-28-92; operative 10-28-92 (Register 92,
No. 44).
2. Amendment of Note filed 10-17-94; operative 11-16-94 (Register 94, No.
42).
Page 88
Register 2008, No. 23; 6-6-2008
Title 13
Department of the California Highway Patrol
§1151
§1151. Map Index.
XICO
NOTE: Authority cited: Section 31616, Vehicle Code. Reference: Sections 3 1601, No. 44). For prior history, see Register 88, No. 26.
31602, 3161 1,31614 and 31616, Vehicle Code. 2. Amendment of Note filed 10-17-94; operative 11-16-94 (Register 94, No.
History 42).
1. Repealer and new section filed 10-28-92; operative 10-28-92 (Register 92, 3. Editorial correction of History (Register 94, No. 42).
Page 89
Register 2004, No. 52; 12-24-2004
§ 1151.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
§ 1 1 51 .1 . Routes and Stops— Map 1 .
(a) Map 1.
k» Garberville
SEE MAP 4
R = REQUIRED INSPECTION STOP
(b) Safe Stopping Places and Inspection Stops — Map 1 .
(1) U.S. HIGHWAY 101.
I = INSPECTION STOP
(A) REQUIRED INSPECTION STOP (southbound vehicles): 9.7
miles south of Crescent City. West shoulder, immediately to the north of
Page 90
Register 2004, No. 52; 12-24-2004
Title 13
Department of the California Highway Patrol
§ 1151.1
the following signs: "Down Grade - Trucks Use Low Gears" and
'Trucks 30 MPH."
(B) REQUIRED INSPECTION STOP (northbound vehicles): 20.5
miles north of Humboldt County line at marker DN- 101-20.62. East
shoulder. Marked by flashing lights and sign: "Brake Check Area."
(C) REQUIRED INSPECTION STOP (southbound vehicles): 52.2
miles south of Eureka at marker HUM- 10 1-23.1, State of California
scale pit.
(D) REQUIRED INSPECTION STOP (northbound vehicles): 8.3
miles north of Garberville at marker HUM-101-19.4, State of California
scale pit.
(E) * INSPECTION STOP (southbound vehicles): State of California
platform scales. (Little River) at Marker 101-HUM-120.8.
(F) Orick: A&P Truck Service, 120635 Highway 101, at Marker
lOI-HUM-120.8. 24 hour towing service, call (707) 488-6885.
(2) U.S. HIGHWAY 199.
(A) REQUIRED INSPECTION STOP (westbound vehicles): At west
end of Collier Tunnel. Park on wide shoulder, west of rest area turnoff.
(3) STATE HIGHWAY 96.
(A) INSPECTION STOP: Milepost 71 .31 at convergence of highway
and Scott River. Known locally as "Steelhead," but not sign posted as
such. No services.
(4) STATE HIGHWAY 299.
(A) * INSPECTION STOP (westbound vehicles): State of California
platform scales, 31.5 miles west of Willow Creek.
(B) INSPECTION STOP: Oregon Mountain Summit, west of Weav-
erville at Milepost TRI-299-48.47.
* May be used as a "Safe Parking Place" when driver is given specific instruc-
tions by a member of the California Highway Patrol.
NOTE: Authority cited: Section 31616. Vehicle Code. Reference: Sections 31601,
31602, 31611 , 31614 and 31616, Vehicle Code.
History
1. Repealer and new section filed 10-28-92; operaiive 10-28-92 (Register 92,
No. 44). For prior history, see Register 90, No. 7.
2. Amendment of subsections (b)(1)(B), (E), (F) and (G) filed 1 0-1 7-94; operative
1 1-16-94 (Register 94, No. 42).
3. Editorial correction of History (Register 94. No. 42).
4. Amendment of subsections (b)( 1 )(E)-(F) and repealer of subsection (b)(1)(G)
filed 12-23-2004; operative 1-22-2005 (Register 2004, No. 52).
Page 91
Register 2004, No. 52; 12-24-2004
§ 1151.2
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
§ 1 1 51 .2. Routes and Stops— Map 2.
(a) Map 2.
w
w
Douglas City
Newell
Red Bluff
m
m
SEE MAP 5
R = REQUIRED INSPECTION STOP
(b) Safe Stopping Places and Inspection Stops — Map 2.
(1) INTERSTATE HIGHWAY 5.
I = INSPECTION STOP
(A) *REQUIRED INSPECTION STOP (southbound vehicles): Mt.
Shasta Vehicle Inspection Facility.
Page 92
Register 2004, No. 52; 12-24-2004
Title 13
Department of the California Highway Patrol
§ 1151.2
•
•
(B) ^REQUIRED INSPECTION STOP (northbound vehicles): Cot-
tonwood Inspection Facility, 2.5 miles south of Cottonwood. No Ser-
vices. Scales closed when signs display "Scales Closed, Do Not Enter."
(C) * REQUIRED INSPECTION STOP (southbound vehicles): Cot-
tonwood Platform Scales, 2 miles south of Cottonwood. No Services.
(D) Redding: Redding Truck Stop, 2731 South Market Street. Food,
gasoline, diesel, propane, CFNCardlock: 0700-2100 (Monday-Friday),
0700-1700 (Saturday), Closed Sunday.
(E) Pollard Hat: Pollard Flat USA, 24235 Eagles Roost Road, 33 miles
north of Redding. Food, gasoline, diesel: 24 hours.
(2) STATE HIGHWAY 299.
(A) INSPECTION STOP (eastbound vehicles): State of California
platform scales, 6 miles west of Shasta. No services.
(c) Restrictions — Redding. Travel into or through Redding, except
through traffic on 1-5, shall be in accordance with the following:
(I) North and southbound traffic going west on SR-299 exit at the
Central Redding-Eureka (SR-299) exit, proceed west on SR-299 to Pine
Street, then north on Pine Street to Eureka Way, then west on Eureka Way
(SR-299).
(2) North and southbound traffic going east on SR-299 shall exit 1-5
at the Burney-Alturas (SR-299) exit, then proceed east.
(3) North and southbound traffic going east on SR^W shall exit 1-5 at
Lassen Park (SR^14) exit, and proceed east.
*May be used as a "Safe Parking Place" when driver is given specific instruc-
tions by a member of the California Highway Patrol.
NOTE: Authority cited: Section 31616, Vehicle Code. Reference: Sections 31601,
31602, 31607, 3161 1, 31614 and 31616, Vehicle Code.
History
1. Repealer and new section filed 10-28-92; operative 10-28-92 (Register 92,
No. 44). For prior history, see Register 92, No. 12.
2. Repealer of subsection (b)(1)(D), redesignation and amendment of former sub-
section (b)( 1 )(E) to (b)(1)(D), new subsection (b)( 1 )(E) and amendment of sub-
section (b)(1)(F) filed 10-17-94; operative 1 1-16-94 (Register 94, No. 42).
3. Editorial correction of History (Register 94, No. 42).
4. Amendment of subsections (b)( 1 )(B)-(C), repealer of subsections (b)( 1 )(E) and
(c)(1) and subsection renumbering filed 12-23-2004; operative 1-22-2005
(Register 2004, No. 52).
Page 93
Register 2004, No. 52; 12-24-2004
§ 1151.3
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
§ 1 1 51 .3. Routes and Stops— Map 3.
(a) Map 3.
•
SEE MAP 6
I = INSPECTION STOP
(b) Safe Stopping Places and Inspection Stops — Map 3.
(1) U.S. HIGHWAY 395.
(A) INSPECTION STOP: State of California scale pit, 4 miles south
of Janesville at post mile 50.
Page 94
Register 2004, No. 52; 12-24-2004
Title 13
Department of the California Highway Patrol
§ 1151.3
•
(B) Likely: Likely Cafe. Food: 0700-2000 (Monday-Saturday),
0800-1400 (Sunday).
(C) Likely: Likely Store. Gasoline, diesel, propane, grocery: daylight
hours. Park on west side of highway.
(D) Madeline: Old Madeline Store (Closed) public phone. Park on
west side of highway.
(E) Litchfield: Seven Acres Cafe. Food: 0600-2100. Park on east side
of highway.
(2) STATE HIGHWAY 36.
(A) INSPECTION STOP (eastbound vehicles): State of California
scale pit, 1.8 miles west of Susanville at post mile 22.
(3) STATE HIGHWAY 139.
(A) INSPECTION STOP: 25 miles north of Susanville at park area
east of Eagle Lake.
(B) Tule Lake: Stronghold Cafe, Captain Jack Stronghold. Food:
0600-1900 (Tuesday-Sunday), 0600-1500 (Monday).
(4) STATE HIGHWAY 299.
(A) Canby: Sherer's Chevron Service Station. Gasoline, diesel, mini-
mart, minor repairs: Mon-Sat 0700-2100, Sun 0700-1800.
(B) Canby: Sherer's Union Service Station. Gasoline, mini-mart, mi-
nor repairs: 0700-2100.
NOTE: Authority cited: Section 31616, Vehicle Code. Reference: Sections 31601,
31602, 31607, 31611, 31614 and 31616, Vehicle Code.
History
1. Repealer and new section filed 10-28-92; operative 10-28-92 (Register 92,
No. 44). For prior history, see Register 91, No. 44.
2. Amendment of subsections (b)(l)(B)-(E), (b)(3)(B) and (b)(4)(B) filed
10-17-94; operative 11-16-94 (Register 94, No. 42).
3. Editorial correction of History (Register 94, No. 42).
4. Amendment of subsections (b)(1)(D) and (b)(4)(A) and repealer of subsection
(b)(4)(C) filed 12-23-2004: operative 1-22-2005 (Register 2004, No. 52).
Page 95
Register 2004, No. 52; 12-24-2004
§ 1151.4
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
§ 1 1 51 .4. Routes and Stops — Map 4.
(a) Map 4.
SEE MAP 1
~o
O
Clear
Lake
Oaks
on
in
m
>
R = REQUIRED INSPECTION STOP I = INSPECTION STOP
(b) Safe Stopping Places and Inspection Stops— Map 4. (1) U.S. HIGHWAY 101.
Page 96
Register 2004, No. 52; 12-24-2004
Title 13
Department of the California Highway Patrol
§ 1151.4
(A) REQUIRED INSPECTION STOP (southbound vehicles): 6.5
miles south of Cummings at Marker MEN- 1 01-77.7; 0.8 mile south of
Spy Rock County Road. Stop either side of summit.
(B) REQUIRED INSPECTION STOP (northbound vehicles): 4.2
miles south of Laytonville at Marker MEN-101-64.8, top of grade at
north end of four lane roadway. Stop on wide dirt and gravel shoulder.
No facilities.
(C) * INSPECTION STOP (southbound vehicles): State of California
platform scales, 1.3 miles north of Willits.
(D) Laytonville: Gravier's Chevron Service. Gasoline, diesel, pro-
pane, tire repairs, and scales: Open 24 hours. Park on east side of high-
way.
(E) Ukiah: Jensen's Truck Stop, 1460 Lovers Lane. Gasoline, pro-
pane, diesel, major repairs: 24 hours. Located at junction of US-101 and
North State Street.
(F) Ukiah: Jensen's Restaurant, 1550 Lovers Lane. Food: 24 hours.
Take North State Street (Old US-101) exit, near junction of US-101.
Park in rear parking area of Jensen's Truck Stop.
:!;May be used as a "Safe Parking Place" when driver is given specific instruc-
tions by a member of the California Highway Patrol.
NOTE: Authority cited: Section 31616, Vehicle Code. Reference: Sections 31601,
31602, 31607, 3161 1, 31614 and 31616, Vehicle Code.
History
1. Repealer and new section filed 10-28-92; operative 10-28-92 (Register 92,
No. 44). For prior history, see Register 92, No. 12.
2. Amendment of subsection (b)(1)(A), repealer of subsection (b)(1)(D) and sub-
section redesianation, and amendment of subsections (b)(l)(D)-(F) filed
10-17-94; operative 1 1-16-94 (Register 94, No. 42).
3. Editorial correction of History (Register 94, No. 42).
4. Amendment of subsection (b)(1)(F) filed 12-10-96; operative 12-10-96 pur-
suant to Vehicle Code section 31616 (Register 96, No. 50).
5. Amendment of subsections (b)(1)(D) and (b)(1)(F) filed 12-23-2004; operative
1-22-2005 (Register 2004, No. 52).
Page 97
Register 2004, No. 52; 12-24-2004
§ 1151.5
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
§ 1 1 51 .5. Routes and Stops — Map 5.
(a) Map 5.
SEE MAP 2
CO
m
m
>
CD
SEE MAP 8
= REQUIRED INSPECTION STOP
I = INSPECTION STOP
(b) Safe Stopping Places and Inspection Stops — Map 5.
(1) INTERSTATE HIGHWAY 5
(A) Dunnigan: Dunnigan Truck Service. Food, gasoline, diesel, minor
repairs: 24 hours. 1-5 and County Road 8. Marked parking place for
trucks transporting explosives.
Page 98 Register 2004, No. 52; 12 - 24 - 2004
Title 13
Department of the California Highway Patrol
§ 1151.5
(B) Lodi: Flying J, 15100 Thornton Road, gasoline, diesel: 24 hours.
(209) 339-4066.
(2) INTERSTATE HIGHWAY 80.
(A) INSPECTION STOP: Cordelia Inspection Facility, 3 miles west
of the city of Fairfield. No services. Scales closed when signs display:
"Scales Closed, Do Not Enter."
(B) Suisun: Terminal Stations, Inc., 100 Suisun Valley Road. Food,
gasoline, diesel, repairs, tire service: 24 hours. Four miles west of the city
of Fairfield at Suisun Valley Road overcrossing.
(3) U.S. HIGHWAY 101.
(A) INSPECTION STOP (southbound vehicles): Truck parking area,
1.5 miles south of Cotati.
(B) INSPECTION STOP (southbound vehicles): State of California
platform scales, 3.9 miles south of SR-37.
(C) INSPECTION STOP (northbound vehicles): State of California
platform scales, 2 miles north of San Rafael.
(4) STATE HIGHWAY 70.
(c) Restrictions.
(1) Use of Tennessee Street in Vallejo is prohibited.
(2) Mare Island Annex of the Concord Navel Weapons Station is lo-
cated at the south end of Mare Island off SR-37.
(3) Golden Gate Bridge. Northbound vehicles shall stop for inspection
and bridge escort at the Toll Plaza. Southbound vehicles shall stop for in-
spection and bridge escort at the north abutment of the bridge. No explo-
sive laden trucks are permitted on the bridge between the hours of 0630
and 0930 and between 1600 and 1900 on weekdays.
NOTE: Authority cited: Section 31616, Vehicle Code. Reference: Sections 31601,
31602, 31607, 3161 1,31614 and 31616, Vehicle Code.
History
1. Repealer and new section filed 10-28-92; operative 10-28-92 (Register 92,
No. 44). For prior history, see Register 92, No. 12.
2. Repealer and new subsection (a), amendment of subsections (b)(1)(A),
(b)(2)(B), (b)(4)(A), designation of subsection (c)(1), new subsections
(c)(2)-(3) and repealer of first Note filed 10-17-94; operative 1 1-16-94 (Reg-
ister 94, No. 42).
3. Editorial correction of History (Register 94, No. 42).
4. Repealer of subsection (b)(4)(A) filed 12-10-96; operative 12-10-96 pursuant
to Vehicle Code section 31616 (Register 96, No. 50).
5. New subsection (b)(1)(B) filed 12-23-2004; operative 1-22-2005 (Register
2004, No. 52).
Page 99
Register 2004, No. 52; 12-24-2004
§ 1151.5.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
§ 1 1 51 .5.1 . Routes and Stops — Map 5A.
(a) Map 5A.
Dozier •
I = INSPECTION STOP
(b) Safe Stopping Places and Inspection Stops — Map 5A.
(1) INTERSTATE HIGHWAY 80.
(A) INSPECTION STOP (both directions) State of California plat-
form scales, 0.8 mile west of Antelope Rd.
(B) Sacramento: Sacramento 76 Auto/Truck Plaza, 2828 El Centro
Rd. Food, gasoline, diesel, repairs: 24 hours. Approximately 1 mile west
of I— 5/1— 80 junction. Exit at West El Camino Avenue to El Centro Road.
NOTE: Authority cited: Section 31616, Vehicle Code. Reference: Sections 31601 ,
31602, 31607, 31611, 31614 and 31616, Vehicle Code.
History
1. New section filed 10-28-92; operative 10-28-92 (Register 92, No. 44).
2. Amendment of subsection (b)(1)(B) filed 10-17-94; operative 1 1-16-94 (Reg-
ister 94, No. 42).
Page 100
Register 2004, No. 52; 12-24-2004
Title 13
Department of the California Highway Patrol
§ 1151.6
§ 11 51 .6. Routes and Stops— Map 6.
(a) Map 6.
•
SEE MAPI
m
m
SEE MAP 9
R = REQUIRED INSPECTION STOP I = INSPECTION STOP
Page 101
Register 2004, No. 52; 12-24-2004
§ 1151.6
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(b) Safe Stopping Places and Inspection Stops — Map 6.
( 1 ) INTERSTATE HIGHWAY 80.
(A) REQUIRED INSPECTION STOP: Donner Summit. Public rest
areas.
(B) REQUIRED INSPECTION STOP (westbound vehicles only):
Blue Canyon brake check area, 0.5 mile west of Nyack.
(C) INSPECTION STOP: State of California Inspection Facility,
Truckee. 1-80 at Prosser Road. No services available.
(D) Nyack: Nyack Garage, 1 Nyack Road. Gasoline, diesel, towing,
parts store: 24 hours. 24 hour road service call (800) 235-361 1. Take Ny-
ack Road exit from 1-80.
(E) Nyack: Burger King 41 800 Nyack Road. Food: 24 hours. Take Ny-
ack Road exit from 1-80.
(2) U.S. HIGHWAY 50.
(A) REQUIRED INSPECTION STOP: Echo Summit. Posted brake
check area.
(3) U.S. HIGHWAY 395.
(A) Doyle: Midway Cafe, Doyle Drive. Food: 0700-2000 (summer),
0700-1900 (winter). Closed Mondays. Located North end of Doyle
Loop.
(B) Walker: Mike's Auto & Truck Service. Gasoline, LPG, tire repair,
heavy duty tow, minor repairs: 0800-1700 (Monday-Saturday). 24 hour
road service call (530) 495-2345.
(C) Walker: The Mountain View Barbeque. Food: 1200-2000
(Wednesday - Saturday), 1200-1900 (Sunday). Winter hours
1600-2000 (Thursday - Sunday).
(4) STATE HIGHWAY 4.
(A) Camp Connell: Camp Connell Store. Food, gasoline: 0800-2000
(Monday-Thursday), 0800-2400 (Friday and Saturday). Located 3.2
miles east of entrance to Calaveras Big Trees State Park.
(5) STATE HIGHWAY 12.
(A) Burson: El Papagallo Cafe. Food: 1100-1400 and 1600-2200
(Tuesday-Thursday), 1100-2200 (Friday-Sunday). Located on High-
way 12, three miles west of Valley Springs.
(6) STATE HIGHWAY 20.
(A) Nevada City: Five Mile House, 18851 State Highway 20. Food:
0700-2200 (Closed Tuesday and Wednesday). Five miles east of Nevada
City.
(7) STATE HIGHWAY 49.
(A) Plymouth: Gold Country Cafe, 17830 Highway 49. Food:
0700-1900. Located 0.4 mile south of Plymouth.
(B) Camptonville: Indian Valley Outpost. Food, LPG: 0800-2200
(summer), 0900-1 800 (Winter, Wednesday through Sunday only). Ten
miles west of Downieville, on SR-49.
(C) Altaville: Gino's Shell Station, 429 South Main Street. Gasoline,
diesel: 0800-1800.
(D) San Andreas: Hawkins Sierra Company (Exxon), 746 Poole Sta-
tion Road. Gasoline, diesel, tire sales and repairs: 0800-1700 (Monday-
Friday), 0800-1300 (Saturday). Located 0.2 mile south of SR-49 on
Poole Station Road.
(8) STATE HIGHWAY 70.
(A) INSPECTION STOP: State of California platform scales, 4 miles
west of Keddie at junction of SR-70 and SR-89. No services available.
(B) East Quincy; Huffman Tire and Brake, 2205 East Main. Tire and
brake repairs: 0800-1800 (Monday-Friday), 0900-1200 (Saturday).
(C) Quincy: BP Service Station (Tom's Sierra Company, Inc.), 2221
East Main. Gasoline, diesel: 0600-2100.
(9) STATE HIGHWAY 89.
(A) REQUIRED INSPECTION STOP: Luther Pass. Chain control
area.
(B) REQUIRED INSPECTION STOP: Summit of Monitor Pass.
(C) INSPECTION STOP: Hope Valley, at junction of SR-88 and
SR-89.
(D) Sierraville: Randolph Sales & Service (Chevron). Gasoline, die-
sel: 0900-1800 (summer), 0900-1730 (winter). East side of SR-89, 1
mile south of SR-49 and SR-89 junction.
(10) STATE HIGHWAY 99.
(A) Stockton: Cherokee Truckstop, 3535 East Cherokee Lane. Gaso-
line, diesel, propane, grocery: 24 hours.
(c) Winter Restrictions. 1-80 between the Nevada state line and Apple-
gate, US-50 over Echo Summit and SR-89 over Luther Pass are re-
stricted to vehicles carrying a full complement of tire chains, adequate for
installation as may be required on the vehicle or combination during peri-
ods of snowfall, from October through April.
*May be used as a "Safe Parking Place" when driver is given specific instruc-
tions by a member of the California Highway Patrol.
NOTE: Authority cited: Section 31616, Vehicle Code. Reference: Sections 31601,
31602, 31607, 31611, 31614 and 31616, Vehicle Code.
History
1. Repealer and new section filed 10-28-92; operative 10-28-92 (Register 92,
No. 44). For prior history, see Register 91, No. 15.
2. Amendment filed 10-17-94; operative 1 1-16-94 (Register 94, No. 42).
3. Editorial correction of HISTORY (Register 94, No. 42).
4. Amendment of subsection (b)(7)(B) filed 12-10-96; operative 12-10-96 pur-
suant to Vehicle Code section 31616 (Register 96, No. 50).
5. Repealer of subsection (b)(1)(D), subsection relettering, amendment of newly
designated subsection (b)(1)(E) and subsection (b)(3)(B), and repealer and new
subsection (b)(3)(C) and filed 12-23-2004; operative 1-22-2005 (Register
2004, No. 52).
Page 102
Register 2004, No. 52; 12-24-2004
Title 13
Department of the California Highway Patrol
§ 1151.7
§ 1 1 51 .7. Routes and Stops — Map 7.
(a) Map 7.
<
SEE MAP 10
R = REQUIRED INSPECTION STOP I = INSPECTION STOP
(b) Safe Stopping Places and Inspection Stops — Map 7.
(1) U.S. HIGHWAY 50.
(A) REQUIRED INSPECTION STOP: Echo Summit. Posted brake
check area.
Page 103
Register 2004, No. 52; 12-24-2004
§ 1151.7.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(2) U.S. HIGHWAY 395.
(A) REQUIRED INSPECTION STOP (southbound vehicles): Con-
way Summit. 13 miles south of Bridgeport.
(B) INSPECTION STOP (northbound vehicles): Conway Summit, 12
miles north of Lee Vining.
(C) Walker: Mike's Auto & Truck Service. Gasoline, LPG, tire repair,
heavy duty tow. minor repairs: 0800-1700 (Monday-Saturday). 24 hour
road service call (530) 495-2345.
(D) Walker: The Mountain View Barbeque. Food: 1200-2000
(Wednesday - Saturday). 1200-1900 (Sunday). Winter hours
1600-2000 (Thursday - Sunday).
(3) STATE HIGHWAY 89.
(A) REQUIRED INSPECTION STOP: Summit of Monitor Pass.
(B) INSPECTION- STOP: Hope Valley, at junction of SR-88 and
SR-89.
(C) Sierraville: Randoph Sales & Service (Chevron) Gasoline, diesel:
0900-1800 (summer), 0900-1730 (winter). East side of SR-89, 1 mile
south of SR-49 and SR-89 junction.
(c) Winter Restrictions — Monitor Pass. Restricted to vehicles carry-
ing a full complement of tire chains adequate for installation as may be
required on the vehicle or combination during periods of snowfall, from
October 1 through April.
NOTE: Authority cited: Section 31616, Vehicle Code. Reference: Sections 31601,
31602, 31607, 3161 1, 31614 and 31616, Vehicle Code. . - -
History
1. Repealer and new section Filed 10-28-92; operative 10-28-92 (Register 92,
No. 44). For prior history, see Register 90, No. 30.
2. Repealer of subsection (b)(1)(B), amendment of subsection (b)(2)(C) and new
subsection (b)(3)(C) filed 10-17-94; operative 1 1-16-94 (Register 94, No. 42).
3. Editorial correction of History (Register 94, No. 42).
4. Amendment of subsections (b)(2)(A) and (b)(2)(C) and repealer and new sub-
section (b)(2)(D) filed 12-23-2004; operative 1-22-2005 (Reeister 2004, No.
52).
§1151.7.1. [Reserved].
NOTE: Authority cited: Section 31616, Vehicle Code. Reference: Sections 3 1 601 ,
31602, 31607, 3161 1, 31614 and 31616, Vehicle Code.
History
1 . Reservation of section number filed 10-17-94; operative 1 1—16—94 (Register
94, No. 42). For prior history, see Register 92, No. 44.
Page 104
Register 2004, No. 52; 12-24-2004
Title 13
Department of the California Highway Patrol
§ 1151.8
•
•
§ 11 51 .8. Routes and Stops— Map 8.
(a) Map 8.
SEE MAP 5
— <L -i-J- -T
o
S
CO
m
m
>
CO
R
REQUIRED INSPECTION STOP
SEE MAP 12
I = INSPECTION STOP
(b) Safe Stopping Places and Inspection Stops — Map 8.
(1) INTERSTATE HIGHWAY 580.
(A) INSPECTION STOP (east and westbound vehicles): State of Cali-
fornia platform scales, Livermore. No services available.
(2) INTERSTATE HIGHWAY 680.
(A) INSPECTION STOP (northbound vehicles): State of California
Inspection Facility on Mission Grade, south of Sunol.
(B) Indicated "Safe Parking Place" on west shoulder is improved park-
ing area north of toll plaza may be used only upon direction and specific
approval by bridge personnel or a member of the California Highway Pa-
trol.
(3) INTERSTATE HIGHWAY 880.
(A) INSPECTION STOP (northbound vehicles): State of California
inspection facility, 0.5 mile south of Auto Mall Parkway.
(B) INSPECTION STOP (southbound vehicles): State of California
platform scale, 0.5 mile south of Auto Mall Parkway.
(4) U.S. HIGHWAY 101.
Page 105
Register 2004, No. 52; 12-24-2004
§ 1151.8 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 13
(A) REQUIRED INSPECTION STOP (southbound vehicles): State tions by a member of the California Highway Patrol.
of California Inspection Facility, north edge of city of Gilroy. NOTE: Authority cited: Section 31616, Vehicle Code. Reference: Sections 31601,
(B) REQUIRED INSPECTION STOP (northbound vehicles): State of 31602, 31607, 31611, 31614 and 31616, Vehicle Code. ^^
California Inspection Facility, 0.5 mile south of San Martin Ave. L Repea,er and new section fi|ed 10|S^. operative 10_28_92 (Reglster 92, ^B
(5) STATE HIGHWAY 1 7. No. 44). For prior history, see Register 91, No. 15. ^^
(A) Los Gatos: Nonnos Summit Cafe (southbound vehicles only), 2. Repealer and new subsection (a), repealer of subsections (b)(5)-(b)(5)( A) and
23123 Santa Cruz Highway. Food: 1000-1600 (Sunday - Friday) amendment and redesignate of former subsections (b)(6)-(b)(6)(A) filed
mnn nnnn /c , a \ "i ♦ a -i *i fc * /-i c V 10-17-94; operative 11-16-94 (Register 94, No. 42).
1000-0000 (Saturday). Located one mile south of Santa Clara-Santa _ _.. . . r . fu^^ , /D • . ca m a^\
n . 3. Editorial correction of History (Register 94, No. 42).
Cruz county lines. 4 Amendment of subsections (b)(3)(A)-(B), new subsection (b)(4)(B) and
amendment of subsection (b)(5)(A) filed 12-23-2004; operative 1-22-2005
* May be used as a "Safe Parking Place" when driver is given specific instruc- (Register 2004. No. 52).
Page 106 Register 2004, No. 52; 12 - 24 - 2004
Title 13
Department of the California Highway Patrol
§ 1151.8.1
§ 1 1 51 .8.1 . Routes and Stops— Map 8A.
(a) Map 8A.
(b) Safe Stopping Places and Inspection Stops — Map 8A. There are no 31602, 31607, 31611, 31614 and 31616, Vehicle Code,
designated stopping places or inspection stops in the area encompassed History
by Map 8A. ]- New section filed 10-28-92; operative 10-28-92 (Register 92, No. 44).
NOTE: Authority cited: Section 31616, Vehicle Code. Reference: Sections 31601,
Page 107
Register 2004, No. 52; 12-24-2004
§ 1151.8.2
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
§ 1 1 51 .8.2. Routes and Stops— Map 8B.
(a) Map 8B.
(b) Safe Stopping Places and Inspection Stops — Map 8B. There are no
designated stopping places or inspection stops in the area encompassed
by Map 8B.
NOTE: Authority cited: Section 31616, Vehicle Code. Reference: Sections 31601 ,
31602, 31607, 3161 1, 31614 and 31616, Vehicle Code.
History
1. New section filed 10-28-92; operative 10-28-92 (Register 92, No. 44).
2. Repealer and new subsection (a) filed 10-1 7-94; operative 1 1-1 6-94 (Register
94, No. 42).
Page 108
Register 2004, No. 52; 12-24-2004
Title 13
Department of the California Highway Patrol
§ 1151.8.3
§ 1 1 51 .8.3. Routes and Stops— Map 8C.
(a) Map 8C.
ennison St.
Oakland
(b) Safe Stopping Places and Inspection Stops— Map 8C. There are no 31602, 31607, 3161 1, 31614 and 31616, Vehicle Code,
designated stopping places or inspection stops in the area encompassed History
by Map 8C L New section filed 10-28-92; operative 10-28-92 (Register 92, No. 44).
NOTE: Authority cited: Section 31616, Vehicle Code. Reference: Sections 31601,
Page 109
Register 2004, No. 52; 12-24-2004
§ 1151.8.4
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
§ 1 1 51 .8.4. Routes and Stops— Map 8D.
(a) Map 8D.
I = INSPECTION STOP
(b) Safe Stopping Places and Inspection Stops — Map 8D.
(1) INTERSTATE 5.
(A) INSPECTION STOP (south and northbound vehicles): Rest area,
0.5 mile south of San Joaquin-Stanislaus County line.
(B) Westley: Westley Triangle Truck Stop and Restaurant. Food, gas-
oline, diesel, tire repairs: 24 hours. East of 1-5 at Westley exit.
(2) INTERSTATE HIGHWAY 205.
(A) Tracy: Tracy Auto/Truck Plaza, 7500 West 1 1th Street. Food, gas-
oline, diesel, propane, scales, tire repairs: 0600-2100. Business 205 at
Chrisman Road. Corner of 1 1th Street and Chrisman Road.
(3) STATE HIGHWAY 99.
(A) Ripon: Jimco Truck Service Plaza, 1022 Frontage Road. Food,
gasoline, diesel, LPG, tires, repairs: 24 hours. Located 0.2 mile north of
Ripon. Use Jacktone Road interchange, south 0.2 mile on East Frontage
Road.
(B) Ripon: Flying J Travel Plaza, 1501 N. Jacktone Road. Food, gaso-
line, diesel (209) 599-4141.
NOTE: Authority cited: Section 31616, Vehicle Code. Reference: Sections 31601,
31602, 31607, 31611, 31614 and 31616, Vehicle Code.
History
1. New section filed 10-28-92; operative 10-28-92 (Register 92, No. 44).
2. Repealer and new subsection (a) and amendment of subsections (b)( 1 )(A)-(B),
(b)(2)(A) and (b)(3)(A) filed 10-17-94; operative 1 1-16-94 (Register 94, No.
42).
3. New subsection (b)(3)(B) filed 12-23-2004; operative 1-22-2005 (Register
2004, No. 52).
Page 110
Register 2004, No. 52; 12-24-2004
Title 13
Department of the California Highway Patrol
§ 1151.9
§ 1 1 51 .9. Routes and Stops— Map 9.
(a) Map 9.
SEE MAP 6
SEE MAP
8D , V*
Yosamrte
National
Pa*
SEE MAP 12
R = REQUIRED INSPECTION STOP I = INSPECTION STOP
CO
m
m
5
Page 111
Register 2004, No. 52; 12-24-2004
§ 1151.9
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(b) Safe Stopping Places and Inspection Stops — Map 9.
(J) INTERSTATE HIGHWAY 5.
(A) INSPECTION STOP: State of California platform scales, 2 miles
north of SR-33 interchange.
(B) INSPECTION STOP: Nees Avenue Rest Area, 0.5 mile north of
Nees Avenue.
(C) Santa Nella: Mid-Cal Auto/Truck Plaza, 12310- SR-33. Food,
gasoline, diesel, minor repairs: 24 hours. Located at 1-5 and SR-33 junc-
tion.
(D) Santa Nella: Rotten Robbie's Truck Stop, 1 2860 SR-33. Gasoline,
diesel, food at mini-mart: 24 hours. Located at 1-5 and SR-33 junction.
(E) Kettleman City: Kettleman City Beacon Truck Service, 33190
Hubert Way. Food, gasoline, diesel, tire service, repairs: 24 hours. Lo-
cated 0.5 mile north of 1-5 on SR-41 .
(2) STATE HIGHWAY 33.
(A) INSPECTION STOP: Patterson Receiving Station, south of Pat-
terson.
(B) Santa Nella: Mid-Cal Auto/Truck Plaza, 1 23 1 0 SR-33. Food, gas-
oline, diesel, minor repairs: 24 hours. 1-5 and SR-33 junction.
(C) Santa Nella: Rotten Robbie's Truck Slop, 12860 State Route 33.
Gasoline, diesel, food at mini-mart: 24 hours. Located at 1-5 and SR-33
junction.
(D) Dos Palos: Cattleman's Restaurant, 16575 South Highway 33,
Food: 0700-1900 (Monday through Saturday). Located 0.5 mile south
ofSR-152.
(E) Three Rocks: Three Rocks Cafe. Food: 0600-1800 (winter),
0600-2000 (summer). Located four miles north of 1-5.
(F) Tracy: Green Valley Transportation Inc., 30131 S. Hwy 33.
(3) STATE HIGHWAY 41.
(A) Coarsegold: Quick Serve Market, 3531 1 Highway 41 . Food, gaso-
line, diesel, minor tire repairs: 0700-2200 (Monday through Saturday),
0800-2200 (Sunday).
(B) Kettleman City: Kettleman City Beacon Truck Service, 33190
Hubert Way. Food, gasoline, diesel, tire service, repairs: 24 hours. Lo-
cated 0.5 mile north of 1-5 on SR-41.
(4) STATE HIGHWAY 99.
(A) INSPECTION STOP (south and northbound vehicles): Rest area,
0.5 mile north of Merced-Stanislaus county line.
(B) INSPECTION STOP (northbound vehicles) State of California
Chowchilla River Inspection Facility. Located at merced county line.
(C) Legrand: Diesel Country Truck Stop (northbound vehicles): 8040
South Highway 99. Food, gasoline, diesel: 24 hours. Located 1.5 miles
north of Merced-Madera county line. Located 1.5 miles north of
Merced-Madera county line.
(5) STATE HIGHWAY 132.
(A) Modesto: Fruit Yard. 7948 Yosemite Boulevard. Food, gasoline,
diesel: 0600-2300. Located seven miles east of Modesto, at Geer Road.
(B) Modesto: The Mint Club, 7000 Maze Boulevard. Food:
0800-2400. Located six miles west of Modesto, at Hart Road.
(C) Modesto: Smart Stop, 6943 Maze Boulevard. Food, gasoline, die-
sel: 0500-2200. Located on northeast corner of SR-132 and Hart Road.
(6) STATE HIGHWAY 140.
(A) INSPECTION STOP: Parking area adjacent to turnout, 7 miles
east of Merced-Mariposa county line at intersection with Old Highway.
(B) Catheys Valley: The Oasis Gas Station, 2675 Highway 140E.
Food, gasoline, grocery: 0600-2200.
(7) STATE HIGHWAY 152.
(A) REQUESTED INSPECTION STOP (westbound vehicles): Pa-
checo Pass, 0.5 mile west of the Merced county line.
*May be used as a "Safe Parking Place" when driver is given specific instruc-
tions by a member of the California Highway Patrol.
NOTE: Authority cited: Section 31616. Vehicle Code. Reference: Sections 31601,
31602, 31607, 3161 1,31614 and 31616, Vehicle Code.
HrSTORY
1. Repealer and new section filed 10-28-92; operative 10-28-92 (Register 92,
No. 44). For prior history, see Register 9 1 , No. 1 5.
2. Amendment filed 10-17-94; operative 1 1-16-94 (Register 94, No. 42).
3. Editorial correction of History (Register 94, No. 42).
4. Repealer and new subsection (a) (Map 9), and amendment of subsection
(b)(4)(B), repealer of subsection (b)(4)(C) and subsection relettering filed
1 2-1 0-96; operati ve 1 2-1 0-96 pursuant to Vehicle Code section 31616 (Regis-
ter 96, No. 50).
5. Amendment of subsection (b)(2)(E), new subsection (b)(2)(F) and amendment
of subsection (b)(3)(A) filed 12-23-2004; operative 1-22-2005 (Register
2004, No. 52).
•
Page 112
Register 2004, No. 52; 12-24-2004
Title 13
Department of the California Highway Patrol
§ 1151.9.1
§ 1 1 51 .9.1 . Routes and Stops— Map 9A.
(a) Map 9A.
•
•
(b) Safe Stopping Places and Inspection Stops — Map 9A.
(1) STATE HIGHWAY 41.
(A) Lemoore: Adolfo's Silver Buckle Restaurant, 44 North 19 1/2
Street. Food: 0600-2200. Exit SR-41 at Bush Street, park in truck park-
ing area.
Page 113 Register 2004, No. 52; 12-24-2004
§ 1151.9.1 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 13
(B) Lemoore: West Lemoore Service Station, 1 790 West Bush Street. (c) Restrictions — Fresno. Northbound vehicles on S.R-41 turn east on
Gasoline, diesel, tire and minor repairs: 0600-2200 (Monday through Jenson Avenue to SR-99, then north to Belmont Avenue. South on
Saturday), 0700-2200 (Sunday). Exit SR-4'1 at Houston Avenue. Marks Avenue to SR-1 80.
(2) STATE HIGHWAY 99. NOTE. Authority cited: Section 31616, Vehicle Code. Reference: Sections 31 601,
(A) Fresno: Klein's Truck Stop, Hwy 99 at Herndon, Fresno, CA. 31602, 31607, 31611, 31614 and 31616, Vehicle Code.
Food, gas, fuel, tire and minor repairs. 24 Hours. History
/T3N?: n c ,,,. ,t, , Cf o^t P .u it- u on 1 • New section filed 10-28-92; operative 10-28-92 (Register 92, No. 44).
(B) Fresno: Beacon 5th Whee Truck Stop, 3767 South Highway 99. , „ y , \^ a , ' , „ ' nA
„ v ' ,. j- , • . • • \A . 2. Amendment of subsections (bXl)(AHB) and (b)(2)(A)-(c filed 10-17-94;
Food, gasoline, diesel, tire and minor repairs: 24 hours. operative 1 1-16-94 (Register 94. No. 42).
(C) Fowler: Texaco Star Mart, Hwy 99 at Manning. Food, gas, fuel, 3 Amendment of subsection (b)(2)(A) and repealer and new subsection (b)(2)(C)
mobile repairs: 24 hours. filed 12-23-2004; operative 1-22-2005 (Register 2004, No. 52).
•
•
Page 114 Register 2004, No. 52; 12-24-2004
Title 13
Department of the California Highway Patrol
§ 1151.10
§1151.10. Routes and Stops— Map10.
(a) Map 10.
•
<
LLI
LU
CO
SEE MAP 7
Yosemtte
National
Park
Lake Shore .
Prather
ote:
CHP jurisdiction on these roads ends
at asterisk. Contact local municipality
to obtain necessary permits for travel.
Visalia
Area
See Map
10A
Sequioa
4. National
I <f Forest
. j* Lemon Cove
Porterville
395'
Pearsonville.
SEE MAP 13
R = REQUIRED INSPECTION STOP I = INSPECTION STOP
(b) Safe Stopping Places and Inspection Maps — Map 10.
(1) U.S. HIGHWAY 6.
(A) REQUIRED INSPECTION STOP (southbound): State of Califor-
nia Agricultural Inspection Station, Benton, 5 miles south of the Nevada
stare line.
Page 115 Register 2004, No. 52; 12-24-2004
§ 1151.10
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(2) U.S. HIGHWAY 395.
(A) REQUIRED INSPECTION STOP (southbound vehicles): Sher-
win Hill Grade, 19.3 miles north of Bishop at Milepost MNO 6.96.
(B) Coso Junction: Coso Junction Ranch Store. Food, gasoline:
0500-2300. US 395 at Coso Road, 30 miles south of Lone Pine.
(C) Bishop: Tom's Place. Food: 0600-2130. Located 23 miles north
of Bishop. Adequate parking within sight of cafe.
(D) Inyokern: Brady's Mini-Mart. 4467 Junction 395/SR-14. Food at
mini-mart, gasoline, minor repairs: 1000-2200. Located 0.5 mile north
of SR-14 and US-395 junction.
(E) Pearsonville: Pearsonville Shell, 102 North Pearson Road. Food,
fuel, 24 hours. No repairs. Located on US 395 at the Inyo/Kern County
Line.
(F) Olancha: Ranch House Cafe. Food: 0600-2000. Park a safe dis-
tance from restaurant.
(G) Bishop: Inyo Shell Y Mart, 1274 North Main Street. Food, fuel,
no repairs. Open 24 hours. Located at the Junction of US 395 and US 6.
(3) STATE ROUTE 99.
(A) Delano: Pioneer Restaurant, 700 Woollomes Avenue. Food: 24
hours. Located 0.5 mile south of Delano at Woollomes and SR-99.
(B) Delano: Akal Travel Plaza, Avenue 1 6 & Highway 99. Food, gaso-
line, diesel: 24 hours. Southbound vehicles take Avenue 16 exit 2 miles
north of Delano. Northbound vehicles take Avenue 24 exit.
(C) Tulare: Lyn's Cafe, 1066 East Rankin Avenue. Food, gasoline,
diesel: 24 hours. Use the Avenue 200 exit from SR-99. Park on west side
of SR-99.
(D) Pixley: U.S.A. Taick Stop, 451 North Park Road. Fuel: 24 hours.
Use Court Street exit from SR-99.
(E) Earlimart: Mart Fuel Stop. Food, gas, diesel: 24 hours.
(c) Restrictions — State Highway 190: Single vehicles only between
Saline Valley Road (post mile 41.67) and Stove Pipe Wells (post mile
86.05).
NOTE: Authority cited: Section 3 161 6, Vehicle Code. Reference: Sections 3 1601,
31602, 31607, 3161 1, 31614 and 31616, Vehicle Code.
History
1. Repealer and new section filed 10-28-92; operative 10-28-92 (Register 92,
No. 44). For prior history, see Register 92 No. 12.
2. Repealer and new subsection (a), amendment of subsections (b)(1)(A),
(b)(2)(B)-(H), (b)(3)(A), new subsections (b)(3)(B) and (E) and subsection re-
designation and amendment filed 10-17-94; operative 1 1-16-94 (Register 94.
No. 42).
3. Editorial correction of History (Register 94, No. 42).
4. Amendment of subsection (b)(1)(A) filed 12-10-96; operative 12-10-96 pur-
suant to Vehicle Code section 31616 (Register 96, No. 50).
5 . Amendment of subsection (b)( 1 ), new subsection (b)( 1 )(A), repealer of subsec-
tions (b)(2)(C)-(D), subsection relettering, amendment of newly designated
subsection (b)(2)(E), new subsection (b)(2)(G) and amendment of subsection
(b)(3)(B) filed 12-23-2004; operative 1-22-2005 (Register 2004, No. 52).
Page 116
Register 2004, No. 52; 12-24-2004
Title 13
Department of the California Highway Patrol
§ 1151.10.1
§1151.1 0.1 . Routes and Stops— Map1 0A.
(a)MaplOA.
American Ave.
Orange Cove
'ut*or4
fcoi}
+ Elderwood
Visalia
Ay
Exeter
Tulare
(b) Safe Stopping Places and Inspection Stops — Map 10A. There are
no designated stopping places or inspection stops in the area encom-
passed by Map 10A.
NOTE: Authority cited: Section 31616, Vehicle Code. Reference: Sections 31601,
31602, 31607, 31611, 31614 and 31616, Vehicle Code.
History
1. New section filed 10-28-92; operative 10-28-92 (Register 92, No. 44).
Page 117
Register 2004, No. 52; 12-24-2004
§ 1151.11 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 13
§1151.11. [Reserved]. History
NOTE: Authority cited: Section 31616, Vehicle Code. Reference: Sections 31601, 1- Reservation of section number filed 10-17-94; operative 1 1-16-94 (Register
31602, 31607, 31611, 31614 and 31616, Vehicle Code. 94, No. 42). For prior history, see Register 92, No. 44.
History
1. Reservation of section number filed 10-17-94; operative 11-16-94 (Register §1151.14. [Reserved].
94, No. 42). For prior history, see Register 92, No. 44. " NOTE: Authority cited: Section 31616, Vehicle Code. Reference: Sections 31 601,
31602, 31607, 3161 1, 31614 and 31616, Vehicle Code.
§1151.12. [Reserved]. History
NOTE: Authority cited: Section 3 1 616, Vehicle Code. Reference: Sections 31601, 1. Reservation of section number filed 10-17-94; operative 1 1-16-94 (Register
31602, 31607, 3161 1, 31614 and 31616, Vehicle Code. 94, No. 42). For prior history, see Register 92, No. 44.
History
1. Reservation of section number filed 10-17-94; operative 11-16-94 (Register § 1152. [Reserved].
94, No. 42). For prior history, see Register 92, No. 44. NOTE: Authority cited: Section 31616, Vehicle Code. Reference: Sections 31601,
31602, 31607, 3161 1, 31614 and 31616, Vehicle Code.
§1151.13. [Reserved]. History
NOTE: Authority cited: Section 31616, Vehicle Code. Reference: Sections 3 1601, 1. Reservation of section number filed 10-17-94; operative 11-16-94 (Resister
31602, 31607, 31611, 31614 and 31616, Vehicle Code. 94, No. 42). For prior history, see Register 92, No. 44.
Page 118 Register 2004, No. 52; 12-24-2004
Title 13
Department of the California Highway Patrol
§ 1152.1
§ 1 1 52.1 . Routes and Stops— Map 1 1 .
(a) Map I J .
SEE MAP 14
R = REQUIRED INSPECTION STOP I = INSPECTION STOP
(b) Safe Stopping Places and Inspection Stops — Map 1 1 . There are no
designated stopping places or inspection stops in the area encompassed
by Map 11.
(c) Restrictions — State Highway 190: Single vehicles only between
Saline Valley Road (post mile 41.67) and Stove Pipe Wells (post mile
86.05).
NOTE: Authority cited: Section 31616, Vehicle Code. Reference: Sections 31601,
31602, 31607, 31611, 31614 and 31616, Vehicle Code.
History
1. Repealer and new section filed 10-28-92; operative 10-28-92 (Register 92,
No. 44). For prior history, see Register 92, No. 12.
2. Amendment of subsection (b) and repealer of subsections (b)( 1 )-(b)( 1 )(A) fi led
10-17-94; operative 1 1-16-94 (Register 94, No. 42).
3. Editorial correction of History (Register 94, No. 42).
Page 119
Register 2004, No. 52; 12-24-2004
§ 1152.2
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
§ 1 1 52.2. Routes and Stops— Map 1 2.
(a) Map 12.
SEE MAP 9
NewCuyamaJ
West
Santa Barbara
County/Area
SeeMap12A
L
( |>^Nt Las Cruces
Pacific Ocean
R = REQUIRED INSPECTION STOP
(b) Safe Stopping Places and Inspection Stops — Map 12.
(1) U.S. HIGHWAY 101.
(A) REQUIRED INSPECTION STOP (southbound vehicles): Sum-
mit of Cuesta Grade, 10.4 miles south of Atascadero. No services.
(B) Paso Robles: Paso Robles Diesel Service. Diesel, towing, major
repairs: 24 hours. 2348 Golden Hill Drive, Paso Robles, CA 93446.
Page 120
Register 2004, No. 52; 12-24-2004
Title 13
Department of the California Highway Patrol
§ 1152.2
(C) Paso Robles: San-Paso Truck & Auto. Food, gasoline, diesel, tire
repairs: 24 hours. Located 3.5 miles North of Paso Robles. Exit US-101
at Wellsona Road.
(2) STATE HIGHWAY 33.
(A) McKittrick: McKittrick Market. Food: 0500-1900 (Monday-Fri-
day), 0600-L800 (Saturday). Located at junction of SR-58 and SR-33.
Park across from fire station on west side of highway.
(3) STATE HIGHWAY 46.
(A) Lost Hills: Burns Brothers, 14814 Aloma. Food, gasoline, diesel:
24 hours. Located at intersection of SR-46 and 1-5.
(B) Paso Robles: Golden Oaks Cafe, 2400 Golden Hill Road. Food:
0600-2000. Located two miles east of Paso Robles at Golden Hill Street.
NOTE: Authority cited: Section 31616, Vehicle Code. Reference: Sections 31601,
31602. 31607, 31611, 31614 and 31616, Vehicle Code.
History
1. Repealer and new section filed 10-28-92; operative 10-28-92 (Register 92,
No. 44). For prior history, see Register 88, No. 26.
2. Amendment of subsections (b)(l XB)-(C), (b)(2)(A), new subsection (b)(3)(A)
and redesignation and amendment of former subsection (b)(3)(B) filed
10-17-94; operative 11-16-94 (Register 94, No. 42).
3. Editorial correction of History (Register 94, No. 42).
4. Amendment of subsection (b)(1)(B) filed 12-23-2004; operative 1-22-2005
(Register 2004, No. 52).
Page 121
Register 2004, No. 52; 12-24-2004
§ 1152.2.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
§ 1152.2.1. Routes and Stops— Map 12A.
(a) Map I2A.
( Guadalupe
Vandenburg
Air Force Base
^
Vandenburg
AFB
Buellton
I = INSPECTION STOP
(b) Safe Stopping Places and Inspection Stops — Map 12A. (B) Santa Maria: The Fuel Connection, 1155 East Betteravia Road.
(1) U.S. HIGHWAY 101. Food, gasoline, diesel, minor repairs: 24 hours. Located on east side of
(A) ^INSPECTION STOP (northbound vehicles): Rest area, 8.4 miles highway; U.S. 101 at Betteravia Road,
north of Santa Maria River Bridge. No services. (c) Special Restrictions — Vandenberg AFB-Lompoc Area.
Page 122
Register 2004, No. 52; 12-24-2004
Title 13 Department of the California Highway Patrol § 1152.2.1
Transportation to and from Vandenberg Air Force Base shall be in ac- NOTE: Authority cited: Section 31616, Vehicle Code. Reference: Sections 31601 ,
cordance with the following: 31602< 31607, 31611, 31614 and 31616, Vehicle Code.
(1) From the north (Santa Maria) to Lompoc Gate. South on SR-1 to History
\/ a u Ace • * •• rt, on 1 * c t r n l • New section filed 10-28-92; operative 1 0-28-92 (Register 92, No. 44).
Vandenberg AFB main gate, continue south on SR-1 to Santa Lucia Can- „ , ... , n4 .
r. j at/ c t r ■ r, n j t ^ °- Amendment ofsubsection (b)(l )(B) filed 10-17-94; operative 1 1-16-94 (Reg-
yon Road. West on Santa Lucia Canyon Road to Lompoc Gate. ister 94 No 49) e
NOTE: Upon arrival at Lompoc Gate, request air force law enforce-
ment escort to final destination.
Page 123 Register 2004, No. 52; 12-24-2004
§ 1152.3
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
§ 1 1 52.3. Routes and Stops— Map 1 3.
(a) Map 13.
SEE MAP 10
04
r-
<
uu
LU
CO
•LasPosasRd
Huenamt Bd.-^^^ugu Navsi to
to
m
m
2
>
R - REQUIRED INSPECTION STOP
SEE MAP 16
I = INSPECTION STOP
Page 124
Register 2004, No. 52; 12-24-2004
Title 13
Department of the California Highway Patrol
§ 1152.3
•
•
(b) Safe Stopping Places and Inspection Stops — Map 13.
(1) INTERSTATE HIGHWAY 5.
(A) REQUIRED INSPECTION STOP (Northbound vehicles): Lebec
Rest Area 0.6 miles north of Kern-Los Angeles County line. No food or
fuel.
(B) REQUIRED INSPECTION STOP (southbound vehicles): Whit-
taker Summit track inspection area. Eight miles north of Castaic.
(C) ^INSPECTION STOP (southbound vehicles): State of California
platform scales, Wheeler Ridge, 31 miles south of Bakersfield. No ser-
vices.
(D) INSPECTION STOP (southbound vehicles): Tejon Pass, I mile
north of Gorman. Designated truck inspection area. No services.
(E) 'INSPECTION STOP (northbound vehicles): State of California
Castaic Inspection Facility, 0.25 mile south of junction 1-5 and SR-126.
No food or fuel.
(F) Buttonwillow: Brace's Buttonwillow Auto/Truck Plaza. Food,
gasoline, repairs: 24 hours. Located at junction of 1-5 and SR-58.
(G) Arvin: Truck Stops of America - Wheeler Ridge, 5800 Wheeler
Ridge Road. Food, gasoline, diesel, repairs, money transfer service: 24
hours. Located at 1-5 and Laval Road.
(H) Castaic: McDonalds, 27701 Lake Hughes Road. Food: 24 hours.
Take Lake Hughes exit.
(1) Castaic: Giant Track Stop of Castaic, 31711 Castaic Road. Food,
gasoline, diesel, repairs: 24 hours. Take Lake Hughes exit from 1-5.
(J) Castaic: Castaic Garage, 32254 Castaic Road. Towing, repairs: 24
hours. Take Lake Hughes exit.
(K) Castaic: Cafe Mike, 31537 Castaic Road. Food: 24 hours. Take
Lake Hughes exit.
(L) Frazier Park: Flying J, 42810 Frazier Mountain Park Road. Food,
gasoline, diesel: 24 hours. (661) 248-2600.
(2) STATE HIGHWAY 14.
(A) INSPECTION STOP: Escondido Summit, 9 miles southwest of
Palmdale, designated truck rest area.
(B) Mojave: Giant Track Stop of Mojave, 16600 Sierra Highway. Gas-
oline, diesel, minor repairs: 24 hours. Located 0.5 mile south of SR-14
and SR-58 junction.
(3) STATE HIGHWAY 58.
(A) INSPECTION STOP (westbound vehicles): State of California
platform scales, 6 miles west of Mojave. No food or fuel.
(B) Mojave: Jerry's Restaurant, 2348 Highway 58. Food: 24 hours.
Located at junction of SR-58 and SR-14 (south end of town).
(4) STATE HIGHWAY 99.
(A) Bakersfield: Bear Mountain Truck Stop, 15840 Costajo Road.
Food, gasoline, diesel, scale: 24 hours. Located four miles south of
SR-119 interchange. Use Bear Mountain Boulevard exit from SR-99.
(B) Bakersfield: Doug's Truck Scales/Kelly's Cafe, 8730 Golden
State Highway. Food: 0500-2100 (Monday through Friday), 0500-1400
(Saturday). 0600-1400 (Sunday), Scales: 0800-1700 (Monday through
Friday). Located five miles north of Bakersfield; SR-99 at 7th Standard.
(C) Pumpkin Center: Mikuls Pumpkin Center Truck Terminal. Food,
diesel: Open Saturday 0700-1700, open Sunday 1800 until Friday 2200
hours, 24-hour operation. Located at SR-99 and SR-1 19. 8 miles south
of Bakersfield. Approximately 5 acres of parking space.
(D) Bakersfield: Flying J, 17047 Zachary Avenue. Food, gasoline,
diesel, showers. 24 hours. Located 12 miles north of Bakersfield, use the
Merced Avenue off-ramp from SR-99. 250 parking spaces.
(5) STATE HIGHWAY 138.
(A) Pearblossom: Cottonwood Truckstop and Cafe, 12754 Pearblos-
som Highway. Food, diesel: 24 hours. Park west or north of restaurant,
off highway, 50 ft. from buildings.
(c) Restrictions — State Highway 118. Explosives-laden vehicles are
prohibited on SR-1 18 between SR-232 and the Los Angeles county line.
NOTE: Authority cited: Section 31616, Vehicle Code. Reference: Sections 31601,
31602, 31607, 31611, 31614 and 31616, Vehicle Code.
History
1. Repealer and new section filed 10-28-92; operative 10-28-92 (Register 92,
No. 44). For prior history, see Register 91, No. 15.
2. Amendment filed 10-17-94; operative 11-16-94 (Register 94, No. 42).
3. Editorial correction of History (Register 94, No. 42).
4. Repealer and new subsection (a) (Map 13), amendment of subsections (b)(1)(A)
and (b)(1)(E), repealer of subsection (b)(1)(F) and subsection relettering filed
12-10-96; operative 12-10-96 pursuant to Vehicle Code section 31616 (Regis-
ter 96, No. 50).
5. New subsection (b)(l)(L), amendment of subsections (b)(4)(A)-(C) and new
subsection (b)(4)(D) filed 12-23-2004; operative 1-22-2005 (Register 2004,
No. 52).
Page 125
Register 2004, No. 52; 12-24-2004
§ 1152.3.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
§ 1 1 52.3.1 . Routes and Stops— Map 1 3A.
(a) Map 13A.
R = REQUIRED INSPECTION STOP
I = INSPECTION STOP
(b) Safe Stopping Places and Inspection Stops — Map 13 A.
(1) INTERSTATE HIGHWAY 10.
(A) Ontario: Ontario 76 Auto/Truck Plaza, East Guasti Road. Food,
gasoline, diesel, propane, tire repairs: 24 hours. Take the Milliken Ave-
nue exit from 1-10. Parking for 250 vehicles.
(B) Ontario: Truckstops of America, 4325 Guasti Road. Food, gaso-
line, diesel, store, scales, controlled parking: 24 hours. Take the Milliken
Avenue exit from I- 10. Ask for security at gate for fueling and parking
areas.
(2) STATE HIGHWAY 91.
(A) INSPECTION STOP (east and westbound vehicles): State of Cali-
fornia platform scales, 1 mile west of Weir Canyon Road.
NOTE: Authority cited: Section 31616, Vehicle Code. Reference: Sections 31601 ,
31602, 31607, 3161 1, 31614 and 31616, Vehicle Code.
History
1. New section filed 10-28-92; operative 10-28-92 (Register 92, No. 44).
2. Repealer and new subsection (a), amendment of subsection (b)(1)(A) and new
subsection (b)( 1 )(B) filed 1 0-1 7-94; operative 11-1 6-94 (Register 94, No. 42).
Page 126
Register 2004, No. 52; 12-24-2004
Title 13
Department of the California Highway Patrol
§ 1152.4
§ 1 1 52.4. Routes and Stops— Map 1 4.
(a) Map 14.
SEE MAP 11
SEE MAP 16
R = REQUIRED INSPECTION STOP
SEE MAP 17
I = INSPECTION STOP
(b) Safe Stopping Places and Inspection Stops — Map 14.
(1) INTERSTATE HIGHWAY 10.
(A) ^INSPECTION STOP (east and westbound vehicles): State of
California platform scales (eastbound) and inspection facility (west-
bound), 1 mile east of Banning.
(B) Cabazon: Wheel Inn Restaurant, 50900 Semiole Drive. Food: 24
hrs. Take Main Street exit from I— 10.
(C) North Palm Springs: Pilot Travel Center #307, 19997 Indian Ave-
nue. Food, diesel: 24 hours.
Page 127
Register 2004, No. 52; 12-24-2004
§ 1152.4
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(D) Thousand Palms: Flying J Taick Stop, 72235 Vamer Road. Food,
gasoline, diesel: 24 hours. Take Ramon Road exit from 1-10.
(E) Colton: Dieterich International Truck Sales, Inc., 2200 East Steel
Road. Repairs: 0800-0100 (Monday-Friday), 0800-1200 (Saturday).
Take South Waterman Avenue exit from eastbound 1-10, west on Re-
dlands Boulevard to Steel Road.
(F) Colton. Bekin Truck Stop, 23659 Steel Road. Food, Diesel, Mini-
Mart 24 hours. Tires 0800 to 1700 hours. Eastbound I— 10 to Waterman
Avenue, South off ramp, West on Redlands Boulevard to Steel Road.
West Bound to Waterman Avenue, West on Hospitality Lane to Hunts
Lane, South on Hunts Lane to Steel Road.
(G) Coachella: Burns Brothers Truck Stop, 46155 Dillion Road. Food,
gasoline, diesel, repairs: 24 hours.
(2) INTERSTATE 15.
(A) INSPECTION STOP: Clyde V. Kane Rest Stop, 22 miles east of
Yermo. Restrooms and water. No food or fuel.
(B) INSPECTION STOP (both directions): State of California plat-
form scales, just south of SR-138 intersection.
(C) Lake Elsinore: ARCO Service Station/ AM-PM Mini Mart (Le
Blanc's), 17595 Grand Avenue. Food, gasoline: 0500-2130.
(D) Victorville: Peggy Sue's Diner, 1-15 and Stoddard Wells Road.
Food.
(3) INTERSTATE HIGHWAY 40.
(A) Ludlow: Ludlow Cafe and Service Station, 1-40 at Crucero Road.
Food, gasoline, diesel, tire repair: 0600-2200.
(4) U.S. HIGHWAY 395.
(A) Phelan: Outpost Truck Stop, 8685 Highway 395, (at 1-15), Her-
peria. Food, fuel, wash rack and repairs: 24 hours.
(B) Pilot Truck Stop, 8701 Highway 395 (at 1-15), Hesperia. Food and
fuel.
*May be used as a "Safe Parking Place" when driver is given specific instruc-
tions by a member of the California Highway Patrol.
NOTE: Authority cited : Section 31616, Vehicle Code. Reference: Sections 3 1 601 ,
31602. 31607, 3161 1, 31614 and 31616, Vehicle Code.
History
1. Repealer and new section filed 10-28-92; operative 10-28-92 (Register 92,
No. 44). For prior history, see Register 88, No. 26.
2. Amendment of subsections (b)(l)(B)-(E), (b)(2)(C)-(D), (b)(3)(A) and
(b)(4)(A) filed 10-17-94; operative 11-16-94 (Register 94, No. 42).
3. Editorial correction of History (Register 94, No. 42).
4. New subsection (b)(1)(E) and subsection relettering filed 12-10-96; operative
12-10-96 pursuant to Vehicle Code section 31616 (Register 96, No. 50).
5. New subsection (b)(1)(C), subsection relettering, amendment of subsections
(b)(2)(D) and (b)(4)(A) and new subsection (b)(4)(B) filed 12-23-2004; opera-
tive 1-22-2005 (Register 2004, No. 52).
Page 128
Register 2004, No. 52; 12-24-2004
Title 13
Department of the California Highway Patrol
§ 1152.4.1
§ 1 1 52.4.1 . Routes and Stops— Map 1 4A.
(a) Map 14A.
,-7
(b) Safe Stopping Places and Inspection Stops — Map 14A.
(J) INTERSTATE HIGHWAY J 5.
(A) Barstow: Rip Griffin Truck Travel Center, 2930 Lenwood Road.
Food, gasoline, diesel, repairs: 24 hours. Take Lenwood Road exit from
1-15.
(B) Barstow: Heart Land Truck Stop, 2250 West Main Street. Food,
gasoline, diesel, propane, minor repairs: 24 hours.
(C) Barstow: Flying J Travel Plaza, 261 1 Fisher Boulevard. Food, gas-
oline, diesel: 24 hours. 760-253-7043.
(2) INTERSTATE HIGHWAY 40.
(A) Newberry Springs: Desert Diesel. Gasoline, diesel: 24 hours. Take
National Trails Highway or Newberry Springs exits from 1-40.
(B) Newberry Springs: Bagdad Cafe, 46548 National Trails Highway.
Food: Sunrise to sunset. Take Newberry Springs or Fort Cady exit from
1-40.
*May be used as a "Safe Parking Place" when driver is given specific instruc-
tions by a member of the California Highway Patrol.
NOTE: Authority cited: Section 31616, Vehicle Code. Reference: Sections 31601,
31602, 31607, 31611, 31614 and 31616, Vehicle Code.
History
1. New section filed 10-28-92; operative 10-28-92 (Register 92, No. 44).
2. Amendment of subsections (b)(l)(A)-(B) and (b)(2)(A)-(B) filed 10-17-94;
operative 1 1-16-94 (Register 94, No. 42).
3. Amendment of subsection (b)(1)(B) filed 12-10-96; operative 12-10-96 pur-
suant to Vehicle Code section 31616 (Register 96, No. 50).
4. New subsection (b)(1)(C) filed 12-23-2004; operative 1-22-2005 (Register
2004, No. 52).
Page 128.1
Register 2004, No. 52; 12-24-2004
§ 1152.4.2
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
§ 1 1 52.4.2. Routes and Stops— Map 1 4B.
(a) Map 14B.
Redlands
Lockheed
Propulsion
©
(b) Safe Stopping Places and Inspection Stops — Map 14B. There are
no designated stopping places or inspection stops in the area encom-
passed by Map 14B.
NOTE: Authority cited: Section 31616, Vehicle Code. Reference: Sections 31601 ,
31602, 31607, 3161 1, 31614 and 31616, Vehicle Code.
History
1. New section filed 10-28-92; operative 10-28-92 (Register 92, No. 44).
Page 128.2
Register 2004, No. 52; 12-24-2004
Title 13
Department of the California Highway Patrol
§ 1152.5
§ 1 1 52.5. Routes and Stops— Map 1 5.
(a) Map 15.
INI
SEE MAP 17
R = REQUIRED INSPECTION STOP I = INSPECTION STOP
(b) Safe Stopping Places and Inspection Stops — Map 15.
(1) INTERSTATE HIGHWAY 10.
(A) INSPECTION STOP (westbound vehicles): State of California
platform scales, 8 miles west of Blythe.
Page 128.3
Register 2004, No. 52; 12-24-2004
§ 1152.5
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(B) Desert Center: Texaco Station and Desert Center Cafe, 4432 J
Ragsdale Road. Food, gasoline: 24 hours. Take Desert Center exit from
1-10, proceed to Frontage Road.
(C) Blythe: Blythe Unocal 76/Truck Terminal. Food, gasoline, diesel,
wash rack, repairs: 24 hours. Take Mesa Verda Drive exit from I— 10.
(2) INTERSTATE HIGHWAY 15.
(A) INSPECTION STOP: Cima Rest Area, 24 miles west of Nevada
State Line. Restrooms and water.
(B) Nipton: Halloran Springs Service Station and Restaurant. Food,
gasoline, diesel: 24 hours. Take Halloran Springs Road exit from 1-15;
18 miles north of Baker.
(3) U.S. HIGHWAY 95.
(A) Vidal Junction: Vidal Junction Cafe and Texaco Station, US-95
at SR-62. Food, gasoline: 0800-1600.
NOTE: Authority cited: Section 31616, Vehicle Code. Reference: Sections 31601 ,
31602, 31607, 31611, 31614 and 31616, Vehicle Code.
History
1. Repealer and new section filed 10-28-92; operative 10-28-92 (Register 92,
No. 44). For prior history, see Register 88, No. 26.
2. Amendment of subsections (b)(l)(B)-(C), (b)(2)(B) and (b)(3)(A) filed
10-17-94; operative 1 1-16-94 (Register 94, No. 42).
3. Editorial correction of History (Register 94. No. 42).
Page 128.4
Register 2004, No. 52; 12-24-2004
Title 13
Department of the California Highway Patrol
§ 1152.6
§ 1 1 52.6. Routes and Stops— Map 1 6.
(a) Map 16.
SEE MAP 13
SEE MAP 14
• Pine Valley
*>
San Diego Area
J See Map 16A <H^94
I '
I
I
C/5
m
m
R = REQUIRED INSPECTION STOP
I = INSPECTION STOP
(b) Safe Stopping Places and Inspection Stops — Map 16.
(1) INTERSTATE HIGHWAY 5.
(A) INSPECTION STOP (north and southbound vehicles): State of
California commercial vehicle inspection and scale facility, 15 miles
north of Oceanside.
(2) INTERSTATE HIGHWAY 8.
(A) INSPECTION STOP (westbound vehicles): 2 miles west of Dun-
bar Lane. Telephone only.
(B) INSPECTION STOP (eastbound vehicles): Viewpoint on 1-8 at
Milepost 35.50, 6 miles east of Alpine.
(C) INSPECTION STOP (eastbound and westbound vehicles): Rest
area at Milepost 49.00. Telephone and restroom available.
(D) REQUIRED INSPECTION STOP (eastbound vehicles) Brake
check area at milepost 76.50.
(E) Pine Valley: Major's Coffee Shop, Old Highway 80. Food:
0600-2000. Located 0.7 mile north of 1-8 on Old US-80. Park in rear.
(3) INTERSTATE HIGHWAY 15.
(A) INSPECTION STOP (southbound and northbound vehicles):
State of California Scale and Inspection Facility, 5 miles south of Teme-
cula at Rainbow Valley off-ramp. No services available.
NOTE: Authority cited: Section 31616, Vehicle Code. Reference: Sections 31601,
31602, 31607, 3161 1, 31614 and 31616, Vehicle Code.
History
1. Repealer and new section filed 10-28-92; operative 10-28-92 (Register 92,
No. 44). For prior history, see Register 89, No. 5.
2. Amendment of subsections (b)(2)(A) and (D) filed 10-17-94; operative
1 1-16-94 (Register 94, No. 42).
3. Editorial correction of History (Register 94, No. 42).
4. Amendment of subsection (b)(2)(B), new subsection (b)(2)(D) and subsection
relettering filed 12-10-96; operative 12-10-96 pursuant to Vehicle Code sec-
tion 31616 (Register 96, No. 50).
5. Amendment of subsection (b)(2)(C) filed 12-23-2004; operative 1-22-2005
(Register 2004, No. 52).
Page 128.5
Register 2004, No. 52; 12-24-2004
§ 1152.6.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
§ 1 1 52.6.1 . Routes and Stops— Map 1 6A.
(a) Map 16A.
Note: < Worth island HAS £Z
Use Gates kacated :
at end of Ocean Blvd
Open^-5 a.m.-5 p.m
'P&cWiW&e&zfi
(b) Safe Stopping Places and Inspection Stops— Map 16A. There are 31602, 31607, 31611, 31614 and 31616, Vehicle Code,
no designated stopping places or inspection stops in the area encom- History
passed by Map 16A L New section filed 10-28-92; operative 10-28-92 (Register 92, No. 44).
NOTE: Authority cited: Section 31616, Vehicle Code. Reference: Sections 31601,
Page 128.6
Register 2004, No. 52; 12-24-2004
Title 13
Department of the California Highway Patrol
§ 1152.7
§ 1 1 52.7. Routes and Stops— Map 1 7.
(a) Map 17.
SEE MAP 14
SEE MAP 15
R = REQUIRED INSPECTION STOP I = INSPECTION STOP
(b) Safe Stopping Places and Inspection Stops — Map 17.
(1) INTERSTATE HIGHWAY 8
(A) INSPECTION STOP (east and westbound vehicles): Rest area, 8
miles west of El Centra.
(B) INSPECTION STOP (east and westbound vehicles): Rest area, 20
miles west of Winterhaven.
(C) INSPECTION STOP (westbound vehicles): State of California
platform scales, Sidewinder, 8 miles west of Winterhaven.
(D) Ocotillo: Desert Fuel Stop. Gasoline, diesel: 0600-2200. Food:
0600-2100. Park on north side of highway.
(E) Jacumba: Woodward's Shell Station. Food at mini-mart, gasoline:
24 hours. Take Carrizo Gorge exit from 1-8. Park off roadway behind sta-
tions.
(2) INTERSTATE HIGHWAY 10.
(A) INSPECTION STOP (westbound vehicles): State of California
platform scales, 8 miles west of Blythe.
Page 128.7
Register 2004, No. 52; 12-24-2004
§ 1152.7 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 13
(B) Blythe: Blythe Unocal 76/Truck Terminal. Food, gasoline, diesel, HrSTORY
wash rack, repairs: 24 hours. Take Mesa Verda Drive exit from I— JO. 1. Repealer and new section filed 10-28-92; operative 10-28-92 (Register 92,
H) STATE HIGHWAY 94 ^°' ^" ^or Pr'or history, see Register 90, No. 30.
(A) Barrett Junction: Barrett Junction Cafe & Mercantile, 1020 Bar- 2. Amendment of subsection (b)(1)(D), repealer of subsection (b)(1)(E) and sub-
rett Lake Road. Food: J JOO-2000 (Tuesday-Friday), 0900-21 00 (Satur- secton; amendment and redesignation. and amendment of subsections (b)(2)(B)
, „ , . „, , ., , , , „■ ,' , „ T , and (b)(3)(A) filed 10-17-94; operative 11-16-94 (Register 94, No. 42).
day and Sunday), Closed Mondays. Located at SR-94 and Barrett Lake H &
Roa(j 3. Editorial correction of History (Register 94. No. 42).
NOTE: Authority cited: Section 31 61 6, Vehicle Code. Reference: Sections 31601, 4. Amendment of subsection (b)(3)(A) filed 12-23-2004; operative 1-22-2005
31602, 31607, 31611, 31614 and 31616, Vehicle Code. (Register 2004, No. 52).
Page 128.8 Register 2004, No. 52; 12-24-2004
Title 13
Department of the California Highway Patrol
§ 1152.7.1
§ 1 1 52.7.1 . Routes and Stops— Map 1 7A.
(a) Map 17A.
TTIlill ,1'j ■ I'BBllh
*T1
0
<D
CO
5
• El Centra
Q.
W.S. Customs
Gates open: 8a.rn.-5 a.m.
(b) Safe Stopping Places and Inspection Stops — Map 17 A.
(1) U.S. HIGHWAY 7
(A) INSPECTION STOP (northbound vehicles): Calexico Inspec-
tion Facility, just north of International Border.
(2) INTERSTATE HIGHWAY 8
(A) El Centro: Pressley's Peterbilt, 1-8 at Dogwood Road. Repairs:
0800-1700. 24 hour road service call (619) 353-1820.
(B) El Centro: Country Kitchen Restaurant, 379 East Ross. Food:
0600-2200. Located on SR-1 11, 0.5 mile north of 1-8.
Page 128.8(a)
Register 2004, No. 52; 12-24-2004
§ 1152.8
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(C) El Centro: Imperial Eight Truck Plaza, 1-8 at SR-86. Gasoline,
diesel, propane, food, showers, store, laundry, public scale. No repairs.
24 hours. (619) 352-8800.
NOTE: Authority cited: Section 3 161 6, Vehicle Code. Reference: Sections 3 1601,
31602. 31607, 31611, 31614 and 31616. Vehicle Code.
History
1. New section filed 10-28-92; operative 10-28-92 (Register 92, No. 44).
2. Amendment of subsections (b)(1)(A) and (B) filed 10-17-94; operative
1 1-16-94 (Register 94, No. 42).
3. New subsection (b)(1)(C) filed 12-10-96; operative 12-10-96 pursuant to Ve-
hicle Code section 31616 (Register 96, No. 50).
4. New subsections (b)(l)-(b)(l)(A) and subsection renumbering filed
12-23-2004; operative 1-22-2005 (Register 2004, No. 52).
§ 1 1 52.8. Safe Parking Places.
Use of safe parking places shall be governed by the following:
(a) General. Only vehicles authorized by the owners of safe parking
places shall be permitted access to such locations. In addition, except for
State of California platform scales, use of safe parking places may be sub-
ject to safety requirements and restrictions imposed by local fire officials.
(b) Locations: Only the following terminals and locations may be used
as safe parking places:
Bloomington: Roadway Express, Inc., 17630 Valley Boulevard.
Bloomington: Tri-State Motor Transit, 264 Jurupa Avenue
Byron: Diablo Transportation, Inc., 5401 Byron Hot Springs Road.
Calwa: Santa Fe Trail Transportation Co., Calwa Santa Fe Yards.
Fresno: ABF (Arkansas Best Freight) Systems, Inc., 330 S. Teilman
Avenue.
Fresno: Roadway Express, 2440 Church Avenue.
Lakeside: M. J. Baxter Drilling Co., 12485 Highway 67.
Long Beach: McDonnell Douglas Corp., 3855 Lakewood Boulevard.
Manteca: ABF (Arkansas Best Freight) Systems, Inc. W. Yosemite
Avenue and Swanson Road.
Milpitas: Doudell Trucking Co., 555 E. Capitol Avenue.
Pico Rivera: ABF (Arkansas Best Freight) Systems, Inc., 8001 Tele-
graph Road.
Plymouth: E.I. duPont de Nemours & Co., Inc. c/o King Explosives,
Inc., (north of Highway 16, at Forest Home Road.)
Sacramento: Applegate Drayage, 325 North 5th Street.
Sacramento: ABF (Arkansas Best Freight) Systems, Inc., 3250 47th
Avenue.
Suisun: Baggett Transportation Co., 3809 Bithell Lane.
Suisun: Tri-State Trucking, 3841 Bithell Lane.
NOTE: Authority cited: Section 31616, Vehicle Code. Reference: Sections 31601,
31602, 31607, 31611, 31614 and 31616, Vehicle Code.
History
1. New section filed 10-17-94; operative 11-16-94 (Register 94, No. 42). For
prior history, see Register 92, No. 44.
2. Amendment of subsection (b) filed 12-10-96; operative 12-1 0-96 pursuant to
Vehicle Code section 31616 (Register 96, No. 50).
3. Amendment of subsection (b) filed 12-23-2004; operative 1-22-2005 (Regis-
ter 2004, No. 52).
§1152.9. [Reserved].
NOTE: Authority cited: Section 31616, VehicleCode. Reference: Sections 31601,
31602, 31607, 31611, 31614 and 31616, Vehicle Code.
History
1. Reservation of section number filed 10-17-94; operative 1 1-16-94 (Register
94, No. 42). For prior history, see Register 92, No. 44.
§1152.10. [Reserved].
NOTE: Authority cited: Section 31616, Vehicle Code. Reference: Sections 31601,
31602, 31607, 31611, 31614 and 31616, Vehicle Code.
History
1. Reservation of section number filed 10-17-94; operative 11-16-94 (Register
94, No. 42). For prior history, see Register 92, No. 44.
§1152.11. [Reserved].
NOTE: Authority cited: Section 31616, VehicleCode. Reference: Sections 31601,
31602, 31607, 3161 1, 31614 and 31616, Vehicle Code.
History
1. Reservation of section number filed 10-17-94; operative 11-16-94 (Register
94, No. 42). For prior history, see Register 92, No. 44.
§1152.12. [Reserved].
NOTE: Authority cited: Section 31616, Vehicle Code. Reference: Sections 31601,
31602, 31607, 31611, 31614 and 31616, Vehicle Code.
History
1 . Reservation of section number filed 10-17-94; operative 1 1-16-94 (Register
94, No. 42). For prior history, see Register 92, No. 44.
§1152.13. [Reserved].
NOTE: Authoritv cited: Section 316 16, Vehicle Code. Reference: Sections 3 1 601,
31602, 31607, 3161 1,31614 and 31616, Vehicle Code.
History
1. Reservation of section number filed 10-17-94; operative 11-16-94 (Register
94, No. 42). For prior history, see Register 92, No. 44.
§1153. [Reserved].
NOTE: Authority cited: Section 31616, VehicleCode. Reference: Sections 31601,
31602, 31607, 31611. 31614 and 31616, Vehicle Code.
History
1. Reservation of section number filed 10-17-94; operative 1 1-16-94 (Register
94, No. 42). For prior history, see Register 92, No. 44.
§1153.1. [Reserved].
NOTE: Authority cited: Section 31616, Vehicle Code. Reference: Sections 31601,
31602, 31607, 31611, 31614 and 31616, Vehicle Code.
History
1. Reservation of section number filed 10-17-94; operative 1 1-16-94 (Register
94, No. 42). For prior history, see Register 92, No. 44.
§1153.2. [Reserved].
NOTE: Authority cited: Section 31616, Vehicle Code. Reference: Sections 31601,
31602, 31607, 31611, 31614 and 31616, Vehicle Code.
History
1. Reservation of section number filed 10-17-94; operative 1 1-16-94 (Register
94, No. 42). For prior history, see Register 92, No. 44.
§1153.3. [Reserved].
NOTE: Authority cited: Section 31616, VehicleCode. Reference: Sections 31601,
31602, 31607, 31611, 31614 and 31616, Vehicle Code.
History
1. Reservation of section number filed 10-17-94; operative 11-16-94 (Register
94, No. 42). For prior history, see Register 92, No. 44.
§1153.4. [Reserved].
NOTE: Authority cited: Section 31616, VehicleCode. Reference: Sections 31601 ,
31602, 31607, 31611, 31614 and 31616, Vehicle Code.
History
1. Reservation of section number filed 10-17-94; operative 11-16-94 (Register
94, No. 42). For prior history, see Register 92, No. 44.
§1153.5. [Reserved].
NOTE: Authority cited: Section 31616, Vehicle Code. Reference: Sections 31601 ,
31602, 31607, 31611, 31614 and 31616, Vehicle Code.
History
1. Reservation of section number filed 10-17-94; operative 11-16-94 (Register
94, No. 42). For prior history, see Register 92, No. 44.
§1153.6. [Reserved],
NOTE: Authority cited: Section 31616, VehicleCode. Reference: Sections 31601,
31602, 31607, 31611, 31614 and 31616, Vehicle Code.
History
1. Reservation of section number filed 10-17-94; operative 1 1-16-94 (Register
94, No. 42). For prior history, see Register 92, No. 44.
§1153.7. [Reserved].
NOTE: Authority cited: Section 31616, Vehicle Code. Reference: Sections 31601,
31602, 31607, 31611, 31614 and 31616, Vehicle Code.
History
1. Reservation of section number filed 10-17-94; operative 11-16-94 (Register
94, No. 42). For prior history, see Register 92, No. 44.
§1153.8. [Reserved].
NOTE: Authority cited: Section 31616, VehicleCode. Reference: Sections 31601,
31602, 31607, 3161 1, 31614 and 31616, Vehicle Code.
History
1. Reservation of section number filed 10-17-94; operative 11-16-94 (Register
94, No. 42). For prior history, see Register 92, No. 44.
Page 128.8(b)
Register 2004, No. 52; 12-24-2004
Title 13
Department of the California Highway Patrol
§ 1156.6
§1153.9. [Reserved].
NOTE: Authority cited: Section 3161 6, Vehicle Code. Reference: Sections 31 601 ,
31602, 31607, 3161 1, 31614 and 31616, Vehicle Code.
History
1. Reservation of section number filed 10-17-94; operative 11-16-94 (Register
94, No. 42). For prior history, see Register 92, No. 44.
§1153.10. [Reserved].
NOTE: Authority cited: Section 31616. Vehicle Code. Reference: Sections 31601.
31602, 31607, 31611, 31614 and 31616, Vehicle Code.
History
1. Reservation of section number filed 10-17-94; operative 11-16-94 (Register
94, No. 42). For prior history, see Register 92, No. 44.
§1153.11. [Reserved].
NOTE: Authority cited : Section 3 1 6 1 6. Vehicle Code. Reference : Sections 3 1 60 1 ,
31602, 31607, 3161 1, 31614 and 31616, Vehicle Code.
History
1. Reservation of section number filed 10-17-94; operative 11-16-94 (Register
94, No. 42). For prior history, see Register 92, No. 44.
§1153.12. [Reserved].
NOTE: Authority cited: Section 31616, Vehicle Code. Reference: Sections 31601,
31602, 31607, 31611, 31614 and 31616, Vehicle Code.
History
1. Reservation of section number filed 10-17-94; operative 11-16-94 (Register
94, No. 42). For prior history, see Register 92, No. 44.
§1154. [Reserved].
NOTE: Authority cited: Section 31616. Vehicle Code. Reference: Sections 31601,
31602, 31607, 31611, 31614 and 31616, Vehicle Code.
History
1. Repealer and new section filed 10-28-92; operative 10-28-92 (Register 92,
No. 44). For prior history, see Register 92, No. 12.
2. Repealer filed 10-17-94; operative 1 1-16-94 (Register 94, No. 42).
Article 2. Escorting of Inhalation
Hazard Shipments
§ 1 1 55. Application of Article.
NOTE: Authority cited: Sections 32102 and 321 08, Vehicle Code. Reference: Sec-
tions 32102, 32107 and 32108, Vehicle Code.
History
1. New article 1.3 (sections 1155-1157.1) filed 12-21-77 as an emergency;
designated effective 1-1-78. Certificate of Compliance included (Register 77,
No. 52).
2. Renumbering of article 1.3 (sections 1155-1157.1) to article 2 (sections
1155-1157.1) filed 7-8-81; effective thirtieth day thereafter (Register 81, No.
28). For history of former article 2, see Register 78, No. 33.
3. Repealer filed 6-22-83; effective thirtieth day thereafter (Register 83, No. 26).
4. New section filed 11-25-91; operative 3-24-91 (Register 92, No. 8).
5. Change without regulatory effect repealing section filed 1 1-16-94 pursuant to
section 100, title 1, California Code of Regulations (Register 94, No. 46).
§1155.1. Definitions.
NOTE: Authority cited: Sections 32102 and 32108, Vehicle Code. Reference: Sec-
tions 32102, 32107 and 32108, Vehicle Code.
History
1. Amendment filed 7-8-81; effective thirtieth day thereafter (Register 81, No.
28).
2. Repealer filed 9-7-84; effective thirtieth day thereafter (Register 84, No. 36).
3. New section filed 11-25-91; operative 3-24-91 (Register 92, No. 8).
4. Change without regulatory effect repealing section filed 11-1 6-94 pursuant to
section 100, title 1, California Code of Regulations (Register 94, No. 46).
§1155.2. [Reserved].
NOTE: Authority and reference cited: Section 2402.7, Vehicle Code.
History
1 . Change without regulatory effect reserving section number filed 1 1-1 6-94 pur-
suant to section 100, title 1, California Code of Regulations (Register 94, No.
46). For prior history, see Register 84, No. 36.
§ 1 1 55.3. Escort Vehicle Equipment.
NOTE: Authority cited: Sections 32 1 02 and 32 108, Vehicle Code. Reference: Sec-
lions 32102, 32107 and 32108, Vehicle Code.
History
1. Repealer filed 9-7-84; effective thirtieth day thereafter (Register 84, No. 36).
2. New section filed 11-25-91; operative 3-24-91 (Register 92, No. 8).
3. Change without regulatory effect repealing section filed 1 1-16-94 pursuant to
section 100. title 1, California Code of Regulations (Regisier 94, No. 46).
§ 1 1 55.4. Co-driver and Drivers Hours.
NOTE: Authority cited: Sections 321 02 and 32 108, Vehicle Code. Reference: Sec-
tions 32102, 32107 and 32108, Vehicle Code.
History
1. Repealer filed 9-7-84; effective thirtieth day thereafter (Register 84, No. 36).
2. New section filed 11-25-91; operative 3-24-91 (Register 92, No. 8).
3. Change without regulatory effect repealing section filed 1 1-16-94 pursuant to
section 100, title 1, California Code of Regulations (Register 94, No. 46).
§ 1155.6. Inhalation Hazard Transport Vehicle Equipment.
NOTE: Authority cited: Sections 32102 and 32108, Vehicle Code. Reference: Sec-
tions 32102, 32107 and 32108, Vehicle Code.
History
1. New section filed 11-25-91; operative 3-24-91 (Register 92, No. 8).
2. Change without regulatory effect repealing section filed 1 1-16-94 pursuant to
section 100, title 1, California Code of Regulations (Register 94, No. 46).
§1155.8. Escort Procedures.
NOTE: Authority cited: Sections 32 102 and 32 108, Vehicle Code. Reference: Sec-
tions 32102, 32107 and 32108, Vehicle Code.
History
1 . New section filed 1 1-25-91 ; operative 3-24-91 (Register 92, No. 8).
2. Change without regulatory effect repealing section filed 1 1-16-94 pursuant to
section 100, title 1, California Code of Regulations (Register 94, No. 46).
§1156. [Reserved].
NOTE: Authority and reference cited: Section 2402.7, Vehicle Code.
History
1 . Change without regulatory effect reserving section number filed 1 1-1 6-94 pur-
suant to section 100, title 1, California Code of Regulations (Register 94, No.
46). For prior history, see Register 84, No. 36.
§1156.1. [Reserved].
NOTE: Authority and reference cited: Section 2702.7, Vehicle Code.
History
1 . Change without regulatory effect reserving section number filed 1 1-16-94 pur-
suant to section 100, title 1, California Code of Regulations (Register 94, No.
46). For prior history, see Register 84, No. 36.
§1156.2. [Reserved].
NOTE: Authority and reference cited: Section 2402.7, Vehicle Code.
History
1 . Change without regulatory effect reserving section number filed 1 1-16-94 pur-
suant to section 100, title 1, California Code of Regulations (Register 94, No.
46). For prior history, see Register 84, No. 36.
§1156.3. [Reserved].
NOTE: Authority and reference cited: Section 2402.7, Vehicle Code.
History
1 . Change without regulatory effect reserving section number filed 1 1-16-94 pur-
suant to section 100, title 1, California Code of Regulations (Register 94, No.
46). For prior history, see Register 84, No. 36.
§1156.4. [Reserved].
NOTE: Authority and reference cited: Section 2402.7, Vehicle Code.
History
1 . Change without regulatory effect reserving section number filed 1 1-16-94 pur-
suant to section 100, title 1, California Code of Regulations (Register 94, No.
46). For prior history, see Register 84, No. 36.
§1156.5. [Reserved].
NOTE: Authority and reference cited: Section 2402.7, Vehicle Code.
History
1 . Change without regulatory effect reserving section number filed 1 1-16-94 pur-
suant to section 100, title 1, California Code of Regulations (Register 94, No.
46). For prior history, see Register 84, No. 36.
§1156.6. [Reserved].
NOTE: Authority and reference cited: Section 2402.7, Vehicle Code.
Page 128.8(c)
Register 2004, No. 52; 12-24-2004
§ 1156.6 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 13
History
1 . Change without regulatory effect reserving section number filed 1 1-16-94 pur-
suant to section 100, title 1, California Code of Regulations (Register 94, No.
46). For prior history, see Register 84, No. 36.
•
[The next page is 128.9.
Page 128.8(d) Register 2004, No. 52; 12-24-2004
Title 13 Department of the California Highway Patrol § 1157.1
§ 1 1 56.7. [Reserved]. quired inspections stops, and inspection stops to be used for the transpor-
NOTE: Authority and reference cited: Section 2402.7, Vehicle Code. tation of inhalation hazards in bulk packaging pursuant to Division 14.3
History (commencing with Section 32100) of the Vehicle Code.
1. Change without regulatory effect reserving section number filed 11 -16-94 pur- (b) This Article shall not apply to packagings containing only inhala-
suant to section 100, title 1, California Code of Regulations (Reaister 94, No. . . , , • , ., , r- , ■ ,, ,. , ^ , c .
46). For prior history, see Register 84, No. 36. " " tl0n hazard material residue as defined in Veh,cle Code Sect,on
32101(c).
§ 1156.8. [Reserved]. NOTE:Authoritycited:Section32102,VehicleCode.Reference:Sections32101,
NOTE: Authority and reference cited: Section 2402.7, Vehicle Code. 32102, 32103, 32104 and 32105, Vehicle Code.
History History
1. Change without regulatory effect reserving section number filed 11- 16-94 pur- 1. New section filed 3-17-92; operative 4-16-92 (Register 92, No. 17).
suant to section 100, title 1, California Code of Regulations (Register 94, No. 2. Change without regulatory effect adopting new article 2.5 filed 1 1-16-94 pur-
46). For prior history, see Register 84, No. 36. suant to section 100, title 1, California Code of Regulations (Register 94, No.
46).
Article 2.5. Inhalation Hazard Shipments; §1157.1. [Reserved].
Routes and StODDinQ Places NOTE: Authority and reference cited: Section 2402.7, Vehicle Code.
^ y History
S-MK7 Q * Art" I * ■ Change without regulatory effect reserving section number filed 1 1-16-94 pur-
§ 11 1> (. SCOpe OT Article. suant t0 sectjon 100, title 1 , California Code of Regulations (Register 94, No.
(a) This article designates the through routes, safe stopping places, re- 46). For prior history, see Register 84. No. 36.
Page 128.9 Register 94, No. 46; 11-18-94
§ 1157.2
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
§1157.2. Map Index.
History
1. New section filed 3-17-92; operative 4-16-92 (Register 92, No. 17).
•
Page 128.10
Register 94, No. 46; 11-18-94
Title 13
Department of the California Highway Patrol
§ 1157.4
§ 1 1 57.4. Routes and Stops— Map 1 .
(a) Map 1.
mm
■ SACRAMENTO
1 flFEA
See Map 1 A
SEE MAP 2
R] = REQUIRED INSPECTION STOP
0 =
INSPECTION STOP
(b) Safe Stopping Places and Inspection Stops — Map 1.
( 1 ) INTERSTATE HIGH WAY 5 .
(A) REQUIRED INSPECTION STOP (southbound): State of Califor-
nia rest area, 2.5 miles south of Henley, approximately 10 miles south of
the Oregon State Line.
(B) INSPECTION STOP (northbound and southbound): State of Cali-
fornia rest area, 4 miles north of Weed.
(C) INSPECTION STOP (southbound): State of California inspection
facility, Mount Shasta.
(D) INSPECTION STOP (northbound and southbound): State of Cali-
fornia platform scales, 2 miles south of Cottonwood.
(E) INSPECTION STOP (northbound and southbound): State of Cali-
fornia rest area. Maxwell Road Crossing, 2.5 miles south of Maxwell.
(F) INSPECTION STOP (northbound and southbound): State of Cali-
fornia rest area, Dunnigan, 1-5 just north of County Road 6.
(G) Corning: Petro Inc. Truck Stop, 2151 South Avenue at County
Road 99W. Food, fuel, repairs: 24 hours.
(H) Dunnigan: Bosse's Dunnigan Truck Service, 1-5 and County
Road 8. Food, fuel, minor repairs: 24 hours.
(2) INTERSTATE HIGHWAY 505. None.
(3) US HIGHWAY 101. None.
(4) STATE ROUTE 97.
(A) REQUIRED INSPECTION STOP (southbound): State of Califor-
nia rest area, 5 miles south of Hebron Pass.
(B) INSPECTION STOP (northbound and southbound): State of Cali-
fornia rest area, Grass Lake, 29 miles north of Weed.
NOTE: Authority cited: Section 32102, Vehicle Code. Reference: Sections 32101,
32102, 32103, 32104 and 32105, Vehicle Code.
History
1. New section filed 3-17-92; operative 4-16-92 (Register 92, No. 17).
Page 128.10(a)
Register 92, Nos. 15-17; 4-24-92
§ 1157.6
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
§ 1 1 57.6. Routes and Stops— Map 1 A.
(a) Map IA.
\g9 g
Woodland ^^^^^^(^^)
W. B Camino Ave. m
s^
\*~Jr \ Sacramento
^mm^^^^*^^^^ a* ^
CD
o
C5 /«R
33
Q.
d|
I = INSPECTION STOP
(b) Safe Stopping Places and Inspection Stops — Map IA.
(1) INTERSTATE HIGHWAY 5.
(A) INSPECTION STOP (southbound): State of California, Elkhorn
Rest Area, near Sacramento Metro Airport, 1-5 at Airport Boulevard.
(2) INTERSTATE HIGHWAY 80.
(A) Sacramento: Sacramento 76 Auto/Truck Plaza, 2828 El Centro
Road. Exit at West El Camino Avenue to El Centro Road. Food, fuel, re-
pairs: 24 hours.
(3) US HIGHWAY 50. None.
NOTE: Authority cited: Section 32102, Vehicle Code. Reference: Sections 32101,
32102, 32103, 32104 and 32105, Vehicle Code.
History
1. New section filed 3-17-92; operative 4-16-92 (Register 92, No. 17).
Page 128.10(b)
Register 92, Nos. 15-17; 4-24-92
Title 13
Department of the California Highway Patrol
§ 1157.8
§ 1 1 57.8. Routes and Stops— Map 2.
(a) Map 2.
SEE MAP 1
U\ PN HfCotati
^^^Fairfield
b
^retaluma «V
(37)^
j% (1]
mT* Cordelia '*-'
1 *Lodi
^"/*"Sah\Rafael ♦ <
^^fT^* Pittsburg
V , Stockton
San Francisotf
fekilnd
JL Walnut Creek
J© a
\ Livermore!
^580/
^\f PI
VS el
@
^K Westley
^k • Patterson
• San Jose
%
o
Gilroy •
13 V^ Q
Q52J/^>O^Ilos Banos
s^A • Casa De Fruta ^L
4
(R) = REQUIRED INSPECTION STOP
SEE MAP 4
(T) = INSPECTION STOP
(b) Safe Stopping Places and Inspection Stops — Map 2.
(1) INTERSTATE HIGHWAY 5
(A) INSPECTION STOP (northbound and southbound): State of Cali-
fornia, Westley Rest Area, 1.5 miles south of 1-580 junction.
(B) INSPECTION STOP (northbound and southbound): State of Cali-
fornia platform scales, north of Los Banos.
(C) INSPECTION STOP (northbound and southbound): State of Cali-
fornia, Chuck Erreca Rest Area, 6 miles south of SR-165 junction.
(D) Westley: Westley Triangle Truck Stop and Restaurant, 7125
McCraken Road, east of 1-5 at Westley exit. Food, fuel: 24 hours.
(E) Santa Nella: Mid-California 76 Auto/Truck Stop 1-5 and SR-33
interchange. Food, fuel, minor repairs: 24 hours.
(F) Lodi: Three B's Truck and Auto Plaza, 14749 North Thornton
Road, south of SR-12. Food, fuel, repairs: 24 hours.
(2) INTERSTATE HIGHWAY 80.
(A) INSPECTION STOP (westbound and eastbound): State of Cali-
fornia, Cordelia Inspection Facility, 3 miles west of the city of Fairfield.
(B) Suisun: Terminal Stations, Inc., 4 miles west of the city of Fairfield
at Suisun Valley Road overcrossing. Food, fuel, repairs, tire service: 24
hours.
(3) INTERSTATE HIGHWAY 580.
(A) REQUIRED INSPECTION STOP (westbound and eastbound):
Brake check area, 1-580 at Flynn Road.
(B) INSPECTION STOP (westbound and eastbound): State of Cali-
fornia platform scales, east of Livermore, between Vasco and N. Green-
ville Roads.
(4) INTERSTATE HIGHWAY 680.
(A) INSPECTION STOP (northbound and southbound): State of Cali-
fornia platform scales, Walnut Creek.
(5) US HIGHWAY 101.
Page 128.10(c)
Register 92, Nos. 15-17; 4-24-92
§ 1157.8 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 13
(A) REQUIRED INSPECTION STOP (southbound): Cotati brake (C) Gilroy: Golden West Restaurant, 840 Pacheco Pass Highway,
check area. 0.5 mile south of SR-1 16, West Avenue undercrossing. (SR-152). Food, rest area: 24 hours
(6) STATE ROUTE 4. None. (9) STATE ROUTE 242. None.
(7) STATE ROUTE 37. None. NOTE: Authority cited: Section 32102, Vehicle Code. Reference: Sections 32101,
(8) STATE ROUTE 152. 32102, 32103, 32104 and 32105, Vehicle Code.
(A) REQUIRED INSPECTION STOP (westbound and eastbound): . o Hfstory
Pacheco Pass, brake check area 0.5 mile west of Merced County Line. ' J ~~ - -< °Peia ive ~ -y egiser -* o. ).
(B) Hollister: Casa de Fruta, 1.2 miles east of SR-1 56. Food, fuel: 24
hours.
Page 128.10(d) Register 92, Nos. 15-17; 4-24-92
Title 13
Department of the California Highway Patrol
§ 1157.10
§ 1 1 57.1 0. Routes and Stops— Map 3.
(a) Map 3.
Bentonvl
^
^
Bishop fg
V^ Big Pine
^^ Independence
^^Jk^ Lone Pine
(395)%
R = REQUIRED INSPECTION STOP
SEE MAP 5
(T) = INSPECTION STOP
(b) Safe Stopping Places and Inspection Stops — Map 3.
(1) US HIGHWAY 6.
(A) REQUIRED INSPECTION STOP (southbound): State of Califor-
nia agricultural inspection station, Benton, 5 miles south of the Nevada
State Line.
(2) US HIGHWAY 395.
(A) INSPECTION STOP (northbound): State of California rest area,
10 miles north of Independence.
(B) Big Pine: Big Pine Chevron, 109 South Main Street, US-395 at
SR-168. Food, fuel, repairs: 24 hours.
(C) Big Pine: Country Kitchen, 106 South Main Street, US-395 at
SR-168. Food: 0600-2000.
(D) Lone Pine: Miller's Towing, 1506 South Main Street, US-395, 2
miles north of SR-136. Repairs: 0800-1700, Monday-Friday.
NOTE: Authority cited: Section 32102, Vehicle Code. Reference: Sections 321 01,
32102, 32103, 32104 and 32105, Vehicle Code.
History
1. New section filed 3-17-92; operative 4-16-92 (Register 92, No. 17).
Page 128.10(e)
Register 96, No. 50; 12-13-96
§ 1157.12
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
§ 1 1 57.1 2. Routes and Stops— Map 4.
(a) Map 4.
SEE MAP 2
t Harris Ranch
• McFarland
99
Bake rsfi eld
R = REQUIRED INSPECTION STOP
SEE MAP 6
1 1 = INSPECTION STOP
(b) Safe Stopping Places and Inspection Stops — Map 4.
(1) INTERSTATE HIGHWAY 5.
(A) REQUIRED INSPECTION STOP (southbound): State of Califor-
nia platform scales, Wheeler Ridge, 31 miles south of Bakersfield.
(B) REQUIRED INSPECTION STOP (northbound): Lebec Rest Area
0.6 miles north of Kern-Los Angeles County line.
(C) REQUIRED INSPECTION STOP (southbound): Whittaker Sum-
mit, truck inspection area, 8 miles north of Castaic.
(D) INSPECTION STOP (southbound): Tejon Pass, 1 mile north of
Gorman. Designated truck area. No services.
(E) Harris Ranch: Harris Ranch Shell Service Station, SR-198 east of
1-5. Food: 24 hours.
(F) Kettleman City: Kettleman City Beacon Truck Service, 0.5 mile
north of 1-5 on SR-41. Food, fuel, repairs: 24 hours.
(G) Lost Hills: Burns Brothers Bingo USA, SR-45 at 1-5. Food, fuel,
tire services: 24 hours.
(H) Buttonwillow: Bruce' s Buttonwillow Auto/Truck Plaza, 1-5 at
SR-58. Food, fuel, repairs: 24 hours.
(2) STATE ROUTE 33. None.
(3) STATE ROUTE 46. None.
(4) STATE ROUTE 99. None.
(5) STATE ROUTE 138. None.
(6) STATE ROUTE 166.
(A) REQUIRED INSPECTION STOP (eastbound): Grocer Grade
Brake Station, 0.75 mile east of Soda Lake Road.
(B) INSPECTION STOP (westbound): 2.5 miles west of New Cuya-
ma, extra wide shoulder.
Page 128.10(f)
Register 96, No. 50; 12-13-96
Title 13 Department of the California Highway Patrol § 1157.12
(C) INSPECTION STOP (eastbound): 200 yards east of U.S. Forestry History
Station at Pine Canyon, extra large turnout. 1. New section filed 3-17-92; operative 4-16-92 (Register 92, No. 17).
(D) New Cuyama: The Buckhorn, SR-166 at Perkins Road. Food, 2. Editorial correction of subsection (b)(5) (Register 96, No. 50).
fuel, minor repairs: 0700-2000. 3. Amendment of subsection (b)(1)(B) filed 12-10-96; operative 12-10-96 pur-
nwt- c -• t-mao -w u- i /- i' tw c >■ Tiim t> i m Mim suant ■ K> Vehicle Code section 3 1 6 1 6 (Register 96, No. 50).
NOTE: Section 32102, Vehicle Code. Reference: Sections 32101, 32102, 32103,
32104 and 32105, Vehicle Code.
•
Page 128.10(g) Register 96, No. 50; 12-13-96
§ 1157.13
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
§ 1 1 57.1 3. Routes and Stops — Map 4A.
(a) Map 4A.
Santa Maria
/ <
~^> /
1 fc
o L
o
o ^
\ G
V ^
-<
S 03
— -
\ c
o
\ 5
O
/ °
o
/ >
<t>
/ *n
£
/ ^
^
Lompoc
Buellton
•
•
(b) Safe Stopping Places and Inspection Stops — 4A.
(1) US HIGHWAY 101.
(A) Santa Maria: The Fuel Connection, 1155 East Betteravia Road.
Food, fuel, repairs: 24 hours.
(2) STATE ROUTE 1. None.
(3) STATE ROUTE 246. None.
NOTE: Authority cited: Section 32102, Vehicle Code. Reference: Sections 32101,
32102, 32103, 32104 and 32105, Vehicle Code.
History
1. New section filed 3-17-92; operative 4-16-92 (Register 92, No. 17).
•
Page 128.10(h)
Register 96, No. 50; 12-13-96
Title 13
Department of the California Highway Patrol
§ 1157.14
§ 1 1 57.1 4. Routes and Stops— Map 5.
(a) Map 5.
SEE MAP 6
(r) = REQUIRED INSPECTION STOP
SEE MAP 7
(T) = INSPECTION STOP
(b) Safe Stopping Places and Inspection Stops — 5.
(1) INTERSTATE HIGHWAY 15.
(A) Barstow: Rip Griffin Truck Travel Center, 2930 Lenwood Road
at 1-15. Food, fuel, repairs: 24 hours.
(B) Victorville: Outpost Service Station, 1-15 atUS-395. Food, fuel,
wash rack, minor repairs: 24 hours.
(C) Victorville: Joe's Cafe, 1-15 at Stoddard Wells Road. Food:
0630-1500.
(2) INTERSTATE HIGHWAY 40.
(A) REQUIRED INSPECTION STOP (westbound): State of Califor-
nia agricultural inspection station, Needles, 5 miles west of the Arizona
State Line.
(B) Ludlow: Ludlow Cafe, 1-40 at Crucero Road. Food, fuel, tire re-
pairs: 24 hours.
(3) US HIGHWAY 95.
(A) Vidal Junction: Vidal Junction Cafe and Texaco Station, US-95
at SR-62. Food, fuel: 0800-1600.
(4) US HIGHWAY 395.
(A) Leliter: Brady's Mini-Mart, 0.5 mile north of SR-14 and US-395
junction. Food at mini-mart, gasoline, minor repairs: 1000-2200.
(B) Coso Junction: Coso Junction Ranch Store, US-395 at Coso Road,
30 miles south of Lone Pine. Food, gasoline: 24 hours.
(C) Pearsonville: Pearson's Cafe & Towing, 5 miles north of SR-14.
Food, gasoline, repairs: 0600-1800.
(5) STATE ROUTE 14.
(A) Mojave: Giant Truck Stop of Mojave, 1600 Sierra Highway, 0.5
mile south of SR-14 and SR-58 junction. Fuel, minor repairs: 24 hours.
(6) STATE ROUTE 58.
(A) INSPECTION STOP: (westbound): State of California rest area,
7 miles west of the San Bernardino-Kern County Line.
Page 128.10(i)
Register 96, No. 50; 12-13-96
§ 1157.14 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 13
(7) STATE ROUTE 138. NOTE: Authority cited: Section 32102, Vehicle Code. Reference: Sections 32101,
(A) Fairmont: Juniper Market, 18348 West Avenue D at West 1 70th 32102, 32103, 32104 and 32105, Vehicle Code.
just south of SR-1 38. Propane, food, telephone, restroom: 0800-1800. , NI . .,,.,,.,„„ History
•' r ' r > 1. New section filed 3-17-92; operative 4-16-92 (Register 92, No. 17).
Page 128.10(j) Register 96, No. 50; 12-13-96
Title 13
Department of the California Highway Patrol
§ 1157.16
§ 1 1 57.1 6. Routes and Stops— Map 6.
(a) Map 6.
SEE MAP 4
SEE MAP 5
•
55
J
A#Castaic .
8 W
t^aniaPaula
Y
v-'pr Cajon Summit
ry Chatsworth
if
St
"@
@
/
Pomona #San Bernardino
•_ I
te\$
131 /
|Riverside> — SI
Torra^
ce T^l
H\
Coronal
/C
%
Fountain Valley ^^
(
o0
jJ3l Lake Ebinore\
\(?l (
</>
m
m
>
^1
R = REQUIRED INSPECTION STOP
SEE MAP 8
(T) = INSPECTION STOP
Page 128.10(k)
Register 96, No. 50; 12-13-96
§ 1157.16
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(b) Safe Stopping Places and Inspection Stops — 6.
(1 ) INTERSTATE HIGHWAY 5.
(A) REQUIRED INSPECTION STOP (northbound): State of Califor-
nia platform scales, Castaic, 0.25 mile south of SR-126.
(B) Castaic: Cafe Mike, 3 1 537 Castaic Road, Lake Hughes Exit. Food,
fuel, repairs: 24 hours.
(C) Castaic: Giant Truck Stop of Castaic, 31 7.1 1 Castaic Road, Lake
Hughes Exit. Food, fuel, repairs: 24 hours.
(2) INTERSTATE HIGHWAY 15.
(A) REQUIRED INSPECTION STOP (southbound): Cajon Summit
brake inspection site, I-J5 at Oak Hill Road.
(B) INSPECTION STOP (northbound and southbound): State of Cali-
fornia platform scales, Cajon Scale Facility, 1-15 at SR-L38.
(3) INTERSTATE HIGHWAY 405.
(A) INSPECTION STOP (northbound and southbound): State of Cali-
fornia platform scales, Carson, 0.5 mile south of Main Street.
(4) INTERSTATE HIGHWAY 605. None.
(5) INTERSTATE HIGHWAY 710. None.
(6) US HIGHWAY 101.
(A) REQUIRED INSPECTION STOP: State of California inspection
facility (northbound), and platform scales (southbound); Conejo,
USA-101 at Wendy Drive.
(7) STATE ROUTE 27. None.
(8) STATE ROUTE 60. None.
(9) STATE ROUTE 91. None.
(10) STATE ROUTE 118. None.
(11) STATE ROUTE 126.
(A) Santa Paula: Condor Truck Service, 1395 E. Harvard Blvd. Fuel,
oil, scales: Monday-Friday (0700-1700), Saturday (0700-1200).
NOTE: Authority cited: Section 32102, Vehicle Code. Reference: Sections 32101,
32102, 32103, 32104 and 32105, Vehicle Code.
History
1. New section filed 3-17-92; operative 4-16-92 (Register 92, No. 17).
2. Repealer and new subsection (a) (Map 6), repealer of subsection (b)(1)(A), sub-
section relettering, and amendment of newly designated subsection (b)(1)(A)
filed 12-10-96; operative 12-10-96 pursuant to Vehicle Code section 31616
(Register 96, No. 50).
Page 128.10(1)
Register 96, No. 50; 12-13-96
Title 13
Department of the California Highway Patrol
§ 1157.18
§ 1 1 57.1 8. Routes and Stops— Map 7.
(a) Map 7.
SEE MAP 5
R = REQUIRED INSPECTION STOP
(?) = INSPECTION STOP
(B) Safe Stopping Places and Inspection Stops — Map 7.
(1) INTERSTATE HIGHWAY 8.
(A) REQUIRED INSPECTION STOP (westbound): State of Califor-
nia inspection facility, Winterhaven, 8 miles west of the Arizona State
Line.
(B) REQUIRED INSPECTION STOP (eastbound): In-Ko-Pah brake
check and truck rest area, 29 miles west of El Centro.
(C) INSPECTION STOP (westbound and eastbound) State of Califor-
nia rest area, Sand Hills, 17 miles west of the Arizona State Line.
(D) INSPECTION STOP (eastbound): Viewpoint on 1-8, 6 miles east
of Alpine.
(E) INSPECTION STOP (eastbound): Inspection and rest area at mile-
post 76.50. Telephone only.
(F) Pine Valley: Major's Coffee Shop, 0.7 miles north of 1-8 on old
US-80. Park in rear. Food, gasoline: 0600-2100.
(G) Jacumba: Woodward's Shell/Jacumba Exxon Stations, 1-80 at
Carrizo Gorge. Park off roadway behind stations. Food at mini-mart,
gasoline: 24 hours.
(2) INTERSTATE HIGHWAY 10.
(A) REQUIRED INSPECTION STOP (westbound): State of Califor-
nia inspection facility, Blythe, 0.25 mile west of the Arizona State Line.
(B) INSPECTION STOP (westbound): State of California platform
scales, 8 miles west of Blythe.
(C) INSPECTION STOP (westbound and eastbound): State of Cali-
fornia, Whitewater Rest Area, west of SR-62.
(D) INSPECTION STOP: State of California inspection facility (west-
bound) and platform scales (eastbound); Banning.
(E) Blythe: Blythe Unocal 76/Truck Terminal, 1-10 at Mesa Drive.
Food, fuel, repairs, wash rack: 24 hours.
Page 128.10(m)
Register 96, No. 50; 12-13-96
§ 1157.18 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 13
(F) Desert Center: Texaco Station and Desert Center Cafe, Desert Cen- (5) STATE ROUTE 1 1 1 . None.
terExit to Frontage Road. Food, gasoline: 24 hours. NOTE: Authority cited:Section 32102, Vehicle Code. Reference: Sections 32101,
(G) Coachella: Burns Brothers Truck Stop, 46155 Dillon Road. Food, 32102- 32]03' 32104 and 32105, Vehicle Code,
fuel, repairs: 24 hours. HrsTORY
/tin ^ . «/u i t t-> ^ t rnnnn c ■ 1 r» ■ \a • 1 • New section filed 3-1 7-92; operative 4-16-92 (Register 92, No. 17).
(H) Cabazon: Wheel Inn Restaurant, 50900 Seminole Drive, Main „ A , r , . ' * , , ,. . . ' ' ,- .
r> xu7t in t- i c i ^a u /-> 11 • j . • 2. Amendment or subsection (b)(4) and repealer or subsection (b)(4)(A) filed
Street off 1-10. Food, fuel: 24 hours. On call repa.rs and towing. 12-10-96; operative 12-10-96 pursuant to Vehicle Code section 31616 (Ree.s-
(3) US HIGHWAY 95. None. ter 96, No. 50).
(4) STATE ROUTE 86. None.
Page 128. 10 (il) Register 96, No. 50; 12-13-96
Title 13
Department of the California Highway Patrol
§1158
§ 1 1 57.20. Routes and Stops— Map 8.
(a) Map 8.
SEE MAP 6
L#Temecula
San Clement
San Onofr£
San Diego I #
O
o
%
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= INSPECTION STOP
(b) Safe Stopping Places and Inspection Stops — Map 8.
(1) INTERSTATE HIGHWAY 5.
(A) INSPECTION STOP (northbound and southbound): State of Cali-
fornia inspection facility, San Onofre, 5 miles south of San Clemente.
(2) INTERSTATE HIGHWAY 8.
(A) INSPECTION STOP (westbound): 2 miles west of Dunbar Lane.
Telephone only.
(3) INTERSTATE HIGHWAY 15.
(A) INSPECTION STOP (northbound and southbound): State of Cali-
fornia inspection facility, Temecula, 1-15 at Rainbow Valley Road.
(4) INTERSTATE HIGHWAY 805. None.
(5) STATE ROUTE 78. None.
(6) STATE ROUTE 163. None.
NOTE: Authority cited: Section 32102, Vehicle Code. Reference: Sections 32101,
32102, 32103, 32104 and 32105, Vehicle Code.
History
1. New section filed 3-17-92; operative 4-16-92 (Register 92, No. 17).
Article 2.7. Routes for the Through
Transportation of Highway Route Controlled
Quantity Shipments of Radioactive Materials
§1158. Applicability.
(a) This article designates the through routes to be used for the trans-
portation of highway route controlled quantity shipments of radioactive
materials subject to Section 33000 of the Vehicle Code.
(b) This article shall apply to the transportation of highway route con-
trolled quantity shipments of radioactive materials as defined in Title 49,
Code of Federal Regulations, Section 173.403.
NOTE: Authority cited: Section 33000, Vehicle Code. Reference: Section 33000,
Vehicle Code.
Page 128.10(o)
Register 97, No. 34; 8-22-97
§ 1158.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
History
1. New article 2.7 and section filed 9-19-94; operative 10-19-94 (Register 94,
No. 38).
2. Amendment of subsection (b) filed 8-20-97; operative 9-19-97 (Register 97,
No. 34).
§ 1 1 58.1 . Designation of Routes.
The highways to be used for transportation of commodities listed in
Section 1 158 are set forth in Section 1 159.
NOTE: Authority cited: Section 33000. Vehicle Code. Reference: Section 33000,
Vehicle Code.
History
1. New section filed 9-19-94; operative 10-19-94 (Register 94, No. 38).
§ 1158.2. Routes Travelled and Stopping.
No person shall drive or permit the driving of any vehicle transporting
commodities listed in Section 1 158 upon any highway not designated by
this article. Deviation from the routes may occur only for the following:
necessary pickup and delivery, in route inspections as required by Feder-
al law, necessary rest, fuel or motor vehicle repair stops, or as directed
in an emergency by fire or police officials having jurisdiction of the road-
way in use.
NOTE: Authority cited: Section 33000, Vehicle Code. Reference: Section 33000,
Vehicle Code.
History
1. New section filed 9-19-94; operative 10-19-94 (Register 94, No. 38).
§ 1158.3. Carrier, Driver, Training and Reporting
Requirements.
Carriers and drivers shall comply with the requirements of Title 49
Code of Federal Regulations, Section 397.101.
NOTE: Authority cited: Section 33000, Vehicle Code. Reference: Section 33000,
Vehicle Code; and Title 49 Code of Federal Regulations, Section 397.101.
History
1. New section filed 9-19-94; operative 10-19-94 (Register 94, No. 38).
2. Repealer and new section filed 8-20-97; operative 9-19-97 (Register 97, No.
34).
§1159. Routes.
(a) Narrative listing of routes.
( 1 ) Interstate Highway 5: From the State of Oregon border to Interstate
Highway 210 and from Interstate Highway 605 to Interstate Highway
805 and from the border of Mexico to Interstate Highway 805.
(2) Interstate Highway 8: From the State of Arizona border to Inter-
state Highway 805.
(3) Interstate Highway 10: From the State of Arizona border to Inter-
state Highway 605.
(4) Interstate Highway 15: From the State of Nevada border to Inter-
state Highway 8.
(5) Interstate Highway 40: From the State of Arizona border to Inter-
state Highway 15.
(6) Interstate Highway 80: From the State of Nevada border to Inter-
state Highway 580 in the City of Oakland.
(7) Interstate Highway 205: From Interstate Highway 5 to Interstate
Highway 580.
(8) Interstate Highway 210: From Interstate Highway 5 to Interstate
Highway 10.
(9) Interstate Highway 238: From Interstate Highway 580 to Interstate
Highway 880.
(10) Interstate Highway 280: From Interstate Highway 680 to Inter-
state Highway 380.
(11) Interstate Highway 580: From Interstate Highway 5 to Interstate
Highway 680.
(12) Interstate Highway 605: From Interstate Highway 210 to Inter-
state Highway 5.
( 1 3) Interstate Highway 680: From Interstate Highway 80 to Interstate
Highway 280.
(14) Interstate Highway 805: From Interstate Highway 5 (north of the
City of San Diego) to Interstate Highway 5 (south of the City of San
Diego).
(15) Interstate Highway 880: From Interstate Highway 980 to Inter-
state Highway 238.
(16) Interstate Highway 980: From Interstate Highway 580 to Inter-
state Highway 880.
[The next page is 128.11.]
Page 128.10(p)
Register 97, No. 34; 8-22-97
Title 13
Department of the California Highway Patrol
§1159
(b) Route Map
•
SAN FRANCISCO
SAN DIEGO
NOTE: Authority cited: Section 33000, Vehicle Code. Reference: Section 33000, HISTORY
Vehicle Code. 1. New section filed 9-19-94; operative 10-19-94 (Register 94, No. 38).
Page 128.11
Register 99, No. 41; 10-8-99
§1160
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
Article 3. General Hazardous Materials
Regulations
§1160. Application.
This article shall apply to the transportation of hazardous materials in
vehicles listed in Vehicle Code Section 34500 and in any other vehicle
for which the display of placards is required pursuant to Vehicle Code
Section 27903 as prescribed in Vehicle Code Section 31309.
NOTE: Authority cited: Sections 2402.7 and 34501, Vehicle Code. Reference:
Sections 2402.7,' 31309, 34501 and 34510, Vehicle Code.
History
1 . Repealer of Article 1.5 (Sections 1 1 60-1 1 67, not consecutive) and new Article
1.5 (Sections 1 160-1 167, not consecutive) filed 2-18-77 as an emergency: ef-
fective upon filing. Certificate of Compliance included (Register 77, No. 8). For
prior history, see Registers 73, No. 43 and 76, No. 9.
2. Renumbering of Article 1.5 (Sections 1160-1 167, not consecutive) to Article
3 (Sections 1160-1 167, not consecutive) filed 7-8-81; effective thirtieth day
thereafter (Reeister 8 1 , No. 28). For history of former Article 3, see Register 78,
No. 33.
3. Amendment filed 6-22-83; effective thirtieth day thereafter (Register 83, No.
26).
4. Amendment of Article 3 heading, designation and amendment of subsection (a),
new subsections (b)-(d) and amendment of Note filed 3-6-95; operative
4-5-95 (Register 95, No. 10).
5. Repealer of subsection designations and former subsections (b), (c) and (d) filed
8-14-96; operative 9-13-96 (Register 96, No. 33).
§ 1 1 60.1 . Exceptions and Special Applications.
(a) Application to Shippers. Shippers are subject to all provisions of
this article except Sections 1160.4(g), 1162.1, 1166 and 1167, and are
subject to Section 1 164 only when loading or directing the loading of any
vehicle.
(b) Application to Non-commercial Transportation. Except for sub-
section (d), the exceptions contained in this section shall only apply to the
transportation of hazardous materials by carriers when not directly sub-
ject to federal jurisdiction pursuant to 49 CFR Part 171 (i.e., transporting
hazardous materials in intrastate, interstate or foreign commerce [trans-
ported for a fee or used for commercial purposes]).
(c) Alternative Exceptions for Non-commercial Carriers. Private car-
riers transporting hazardous materials for non-commercial purposes
(i.e., transporting hazardous materials for personal use or by a federal,
state or local government agency) may utilize the exceptions contained
in subsections (e) through (m) of this section or the exceptions contained
in either 49 CFR 173.6 or 49 CFR 173.8(c), but not both the exceptions
in subdivisions (e) through (m) and the referenced 49 CFR exceptions at
one time on the same vehicle or combination of vehicles.
(d) Liquefied Petroleum Gas. Except as provided in Sections
1160.4(g), 1160.5, 1161, 1161.3, 1161.6, 1161.7, 1162, 1163(d), 1166,
and 1 167, this article shall not apply to the transportation of liquefied pe-
troleum gas in cargo tanks subject to regulations of the Division of Occu-
pational Safety and Health, Department of Industrial Relations contained
in Title 8, California Code of Regulations, Chapter 4, Subchapter 1 (Un-
fired Pressure Vessel Safety Orders), but it shall apply to liquefied petro-
leum gas transported in cylinders and portable tanks.
(e) Incidentally Transported Materials. This article shall not apply to
the transportation of the following:
(1) Batteries in vehicle or auxiliary equipment ignition or lighting sys-
tems.
(2) Flammable compressed gases or flammable and/or combustible
liquids used exclusively in vehicle or auxiliary equipment fuel, heating,
refrigeration, or cooking systems.
(3) Batteries, compressed air in cylinders or tanks not exceeding 200
psi, inflated tires or less than 10 gallons of flammable liquid fuels on tow
trucks or similar roadside service or repair vehicles or otherwise trans-
ported in private (not for-hire) carriage. Containers used to transport
flammable liquids under this subsection shall not exceed 5 gallons capac-
ity each, and shall be constructed and maintained in conformance with
a nationally recognized fuel storage and dispensing standard for the fuel
being transported (e.g., U.S. Department of Transportation (DOT),
United Nations (UN), National Fire Protection Association (NFPA),
American National Standards Institute (ANSI), American Society for
Testing and Materials (ASTM), Underwriter Laboratories (UL), Factory
Mutual (FM), or U.S. Department of Defense (military) specifications
(U.S. Mil. Spec).
(4) Highway fusees, and liquid-burning emergency flares and/or red
electric lanterns that conform to 49 CFR 393.95(f)(1), being transported
expressly for highway warning purposes or as authorized for use pur-
suant to Vehicle Code Section 25301 , unless otherwise prohibited by this
Division or the Vehicle Code. This exception does not apply to broken
fusees or fusees with missing protective caps.
(5) Fire extinguishers being transported expressly for in-transit emer-
gency fire suppression purposes.
(6) Flammable or combustible distillate fuels transported in a single
compartmentalized or noncompartmentalized metal cargo tank of 450 li-
ters (119 gallons) or less total volumetric capacity, or both flammable
and combustible distillate fuels transported in a single compartmental-
ized metal cargo tank of 450 liters (119 gallons) or less total volumetric
capacity, by a private carrier and used to service other vehicles or equip-
ment. The tank shall be in compliance with 49 CFR 173.24(b), and the
tank, its components, and attached equipment must be secured to the ve-
hicle and protected from damage or leakage of the lading should the ve-
hicle overturn.
(f) Consumer Commodity Exception. The outside packaging and
marking exception contained in 49 CFR 1 73.156 for hazardous materials
authorized to be renamed "Consumer commodity" and reclassified
ORM-D is extended to transportation by a private carrier from either a
distribution center or retail outlet, or subsequent transportation for inci-
dental use.
(g) Shipping Paper Exception. Section 1161, pertaining to shipping
papers, shall not apply to a private carrier transporting any one of the fol-
lowing:
( 1 ) Not more than 227 kilograms (500 pounds) aggregate gross weight
(including the packaging) of hazardous materials other than:
(A) Any materials listed in 49 CFR 172.504(a), Table 1, or
(B) Any materials for which an INFECTIOUS SUBSTANCE, KEEP
AWAY FROM FOOD, ORGANIC PEROXIDE, SPONTANEOUSLY
COMBUSTIBLE, POISON or RADIOACTIVE label is required, or
(C) Any materials which require a Uniform Hazardous Waste Mani-
fest pursuant to Section 25160 of the Health and Safety Code.
(2) Anhydrous ammonia in a single cargo tank of not more than 4,524
liters (1,200 gallons) capacity transported not more than 30 miles from
the filling point or in a trailer-mounted cargo tank in compliance with
Section 1163(f)(1) of this article.
(3) Not more than 1 cylinder ,each of argon, oxygen, carbon dioxide,
acetylene, helium, or nitrogen if the gross weight is less than 454 kilo-
grams (1,001 pounds), provided containers and labeling comply with
Sections 1 161.2 and 1 163 of this article.
(h) Storage Tanks. Storage tanks used only for off-highway storage
and dispensing of flammable and/or combustible distillate fuels and
which contain only residue are excepted from specified provisions of this
article as indicated below, when transported in accordance with the fol-
lowing:
(1) Except for subsection (d), Section 1 163 shall not apply to portable
or stationary above ground storage tanks when in conformance with 49
CFR 173.24(b).
(2) Except for Section 1163(d), this article shall not apply to under-
ground storage tanks when prepared for shipment in accordance with
American Petroleum Institute Recommended Practice 1604, Second
Edition, December 1987. (This publication may be obtained from the
American Petroleum Institute, 1220 L Street, Northwest, Washington
D.C. 20005.)
[The next page is 129.]
Page 128.12
Register 99, No. 41; 10-8-99
Title 13
Department of the California Highway Patrol
§ 1160.2
•
(3) For purposes of this subsection, "residue" means the material re-
maining after the tank has been unloaded to the maximum extent practi-
cable via the normal discharge opening. In no event shall the tank contain
more than 454 liters (120 gallons) of any liquid.
(4) Storage tanks shall not be transported on the same vehicle with any
other hazardous materials.
(i) Traffic Paint Applicator. Traffic paint applicator systems contain-
ing flammable paint are excepted from the provisions of Section 1 163,
except subsection (d), when in conformance with 49 CFR 173.24(b).
(j) Mobile Meter Calibration Units. Mobile meter calibration units
containing flammable distillate fuel residue or liquefied petroleum gas
residue are excepted from the provisions of Section 1 163, except subsec-
tion (d), when in conformance with 49 CFR 173.24(b) and emptied to the
maximum extent practicable via the normal discharge opening.
(k) Self Contained Breathing Apparatus. Compressed air breathing
apparatus transported solely for in-transit emergencies or for the safety
of persons conducting loading or unloading operations are not subject to
this article, except Sections 1161.2, 1161.3 and 1163, when the com-
pressed gas cylinders are mounted or otherwise secured to the vehicle
during transit to prevent sliding, falling, tipping, rolling, or damage to the
valving should the vehicle overturn.
(/) Breathing Air Recharge Units. Air cylinders or tanks operating un-
der a Division of Occupational Safety and Health, Department of Indus-
trial Relations operating permit and used to fill/recharge breathing air
cylinders are not subject to Section 1 163, except subsection (d), when in
conformance with 49 CFR 173.24(b).
(m) Emergency Response Information. Section 1 161.6 shall only ap-
ply to hazardous materials shipments for which the display of placards
is required and/or for which an INFECTIOUS SUBSTANCE, KEEP
AWAY FROM FOOD, ORGANIC PEROXIDE, SPONTANEOUSLY
COMBUSTIBLE, POISON or RADIOACTIVE label is required pur-
suant to this article; and to shipments that would have otherwise been re-
quired to be placarded and/or labeled, notwithstanding compliance with
an applicable U.S. Department of Transportation placarding and/or la-
beling exemption issued pursuant to 49 CFR Part 107, Subpart B.
NOTE: Authority cited: Section 34501, Vehicle Code. Reference: Section 34501,
Vehicle Code.
History
1. Amendment filed 12-21-77 as an emergency; designated effective 1-1-78.
Certificate of Compliance included (Register 77, No. 52).
2. New subsections (h) and (i) filed 1-20-78 as an emergency; effective upon fil-
ing (Register 78, No. 3).
3. Certificate of Compliance filed 3-21-78 (Register 78, No. 12).
4. Amendment of subsections (b), (c) and (d) filed 1 1-27-79; designated effective
1-1-80 (Register 79, No. 48).
5. Amendment filed 7-8-81; effective thirtieth day thereafter (Register 81, No.
28).
6. Amendment of subsection (e) filed 1 1-5-81; effective thirtieth day thereafter
(Register 81, No. 45).
7. Amendment of subsections (b), (d)(2) and (3) and (f)(1) filed 2-22-82; effective
thirtieth day thereafter (Register 82, No. 9).
8. Amendment of subsections (a)-(c) filed 7-27-82; effective thirtieth day there-
after (Register 82, No. 31).
9. Amendment filed 6-22-83; effective thirtieth day thereafter (Register 83, No.
26).
10. Amendment filed 9-7-84; effective thirtieth day thereafter (Register 84, No.
36).
11. Editorial correction of subsection (d) (Register 84, No. 46).
12. Amendment filed 7-20-87; operative 8-19-87 (Register 87, No. 30).
13. Amendment of subsection (c)(2) and new subsections (g)-(i) filed 1 1-30-88;
operative 12-30-88 (Register 88, No. 51).
14. New subsection (j) filed 9-27-90; operative 10-27-90 (Register 90, No. 45).
15. Editorial correction of printing errors in subsections (e)(3) and (i) (Register 92,
No. 12).
16. Amendment filed 3-6-95; operative 4-5-95 (Register 95, No. 10).
17. New subsection (k) filed 7-31-95; operative 8-30-95 (Register 95, No. 31).
18. Amendment of subsections (b) and (c)(3), repealer of subsection (e)(1)(C) and
subsection relettering filed 8-14-96; operative 9-13-96 (Register 96, No. 33).
1 9. New subsections (b) and (c), subsection relettering, amendment of newly des-
ignated subsections (d)(3), and (i)-(m) and repealer of newly designated sub-
section (/) filed 10-26-98 as an emergency; operative 1 1-25-98 (Register 98,
No. 44).
20. Amendment of subsections (b), (e)(4)-(5), (f), (g)(1) and (m) filed 10-5-99;
operative 1 1-4-99 (Register 99, No. 41).
§ 11 60.2. U.S. Department of Transportation Regulations.
(a) Incorporation by Reference. This article incorporates by reference
portions of 49 CFR Part 107, Parts 171 through 180, and Part 393 to the
extent specified in this article. Unless otherwise specified, all references
to 49 CFR in this article are those regulations published on October 1,
1999.
(b) Federal Preeminence. Provisions of the Hazardous Materials
Transportation Act recodified into Title 49 U.S. Code (49 U.S.C.) Sec-
tion 5125, preempt any requirements of any state or political subdivision
thereof inconsistent with the act or federal Hazardous Material Regula-
tions relating to hazardous materials transported in commerce. The U.S.
Department of Transportation (DOT), Research and Special Programs
Administration (RSPA) may except any material from being classed as
hazardous, or change any classification or transportation requirement in
accordance with authority granted that agency, and such action shall gov-
ern the application of this article. In lieu of compliance with the provi-
sions of this article, hazardous materials shipment preparation and trans-
portation in compliance with a later promulgated RSPA requirement,
exemption or exception than that adopted by reference in this article is
permitted. This includes compliance with a later promulgated require-
ment prior to its effective date during any period of time where earlier
compliance is authorized in the applicable final rulemaking.
(c) Limited Applications. 49 CFR Parts 174 and 179 shall apply only
as referenced in 49 CFR Parts 173, 177, and 178.
(d) Motor Carrier Safety Requirements. Provisions of 49 CFR Part 393
applies as incorporated in cargo tank specifications referenced in 49 CFR
Part 178, but 49 CFR Parts 390 through 397 shall not otherwise apply to
transportation subject to this article.
(e) Referenced Regulations. Copies of 49 CFR, can be obtained from:
SUPERINTENDENT OF DOCUMENTS
U.S. GOVERNMENT PRINTING OFFICE
POBOX 371954
PITTSBURG, PA 15250-7954
(202)512-1800
Internet purchases: http://www.access.gpo.gov/su_docs/sale.html
Copies of 49 CFR Part 107 and Parts 171 through 180 may also be ob-
tained from:
BUREAU OF EXPLOSIVES PUBLICATIONS
PO BOX 866
ANNAPOLIS, MD 21404-0688
(412) 741-1096
Copies of 49 CFR Part 107, Parts 171 through 180, and Parts 390
through 397 may also be obtained from:
AMERICAN TRUCKING ASSOCIATIONS, INC.
SAFETY DEPARTMENT
2200 MILL ROAD
ALEXANDRIA, VA 22314-4677
(800) 282-5463 OR (703) 838-1847
Internet Access. Title 49 CFR may also be accessed through the inter-
net at the National Archives and Records Administration's web site at
"http://www.access.gpo.gov/nara/cfr/" or through the U.S. Department
of Transportation, Office of Hazardous Materials Safety's web site at
"http://hazmat.dot.gov/".
NOTE: Authority cited: Sections 2402.7 and 34501, Vehicle Code. Reference:
Sections 2402.7 and 34501, Vehicle Code.
History
1. Amendment filed 12-21-77 as an emergency; designated effective 1-1-78.
Certificate of Compliance included (Register 77, No. 52).
2. Amendment filed 7-8-81; effective thirtieth day thereafter (Register 81, No.
28).
3. Amendment filed 9-7-84; effective thirtieth day thereafter (Register 84, No.
36).
4. Amendment filed 7-20-87; operative 8-19-87 (Register 87, No. 30).
5. Amendment of subsection (a) filed 11-30-88; operative 12-30-88 (Register
88, No. 51).
6. Amendment of subsection (a) filed 9-27-90; operative 10-27-90 (Register 90,
No. 45).
Page 129
Register 2000, No. 45; 11-10-2000
§ 1160.3
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
7. Amendment of subsections (a)-(b) and (d)-(e) filed 3-6-95; operative 4-5-95
(Register 95, No. 10).
8. Amendment of subsections (a) and (b) filed 8-14-96: operative 9-13-96 (Reg-
ister 96. No. 33).
9. Amendment of subsection (a) filed 8-20-97; operative 9-19-97 (Register 97,
No. 34).
10. Amendment of subsections (a), (b) and (e) filed 10-26-98 as an emergency;
operative 1 1-25-98 (Register 98, No. 44).
1 1 . Editorial correction of last paragraph (Register 98, No. 49).
12. Amendment filed 10-5-99; operative 11-4-99 (Register 99. No. 41).
13. Amendment of subsection (a) 11-8-2000; operative 12-8-2000 (Register
2000, No. 45).
§1160.3. Definitions.
(a) The meanings of terms contained in this article and not defined in
this article are the same as those contained in 49 CFR 171.8.
(b) "Carrier" means any person who transports hazardous materials
subject to this article.
(c) "Department" means Department of the California Highway Pa-
trol.
(d) "Hazardous material" means a substance or material, which has
been determined by the Secretary of Transportation to be capable of pos-
ing an unreasonable risk to health, safety, and property when transported
in commerce, and which has been so designated. The term includes haz-
ardous substances, hazardous wastes, marine pollutants, and elevated
temperature materials as defined in 49 CFR 171.8, materials designated
as hazardous under the provisions of 49 CFR Sections 172.101 and
172.102, and materials that meet the defining criteria for hazard classes
and divisions in 49 CFR Part 173.
(e) "Private carrier" means any carrier who transports cargo for use in
his/her occupation or for other purpose without reward or compensation.
(f) "Shipper" means any person who prepares or offers hazardous ma-
terials for transportation. A shipper who also transports its own material
is both a shipper and a carrier.
NOTE: Authority cited: Sections 2402.7 and 34501, Vehicle Code. Reference:
Section 34501, Vehicle Code.
History
1. Amendment filed 12-21-77 as an emergency; designated effective 1-1-78.
Certificate of Compliance included (Register 77, No. 52).
2. Amendment of subsection (j) filed 7-8-81; effective thirtieth day thereafter
(Register 81, No. 28).
3. Amendment filed 6-22-83; effective thirtieth day thereafter (Register 83, No.
26).
4. Amendment of subsections (0 and (k) filed 7-20-87; operative 8-19-87 (Reg-
ister 87, No. 30).
5. Amendment filed 3-6-95; operative 4-5-95 (Register 95, No. 10).
6. Amendment of subsection (e) and Note filed 10-5-99; operative 11-4-99
(Register 99, No. 41).
7. Repealer of subsection (d), subsection relettering and new subsection (e) filed
11-8-2000; operative 12-8-2000 (Register 2000, No. 45).
§ 1160.4. General Provisions.
(a) Applicability. Shippers shall not offer and carriers shall not trans-
port any shipment of a hazardous material not prepared for transportation
in accordance with this Article.
(b) References to Statutes and Regulations. Any reference to provi-
sions of these regulations or to statutes shall apply to all amendments and
additions made to such regulatory or statutory provisions.
(c) Alternate Method of Compliance. Upon a finding that an alternate
method of compliance provides protection to the public equal to or ex-
ceeding that afforded by compliance with provisions of this article, the
department may authorize use of such alternate method subject to the fol-
lowing:
(1) Any alternate method of compliance shall be permitted only after
application has been made to and written authorization obtained from the
department.
(2) Written authorization shall be carried in each transporting vehicle
or combination.
(3) No authorization for an alternate method of compliance shall be ac-
corded any highway carrier subject to federal jurisdiction, nor shall such
authorization apply to the preparation of hazardous materials for inter-
state transportation.
(4) No authorization for an alternate method of compliance shall be
granted when a special permit or exemption has been issued by the U.S.
Department of Transportation. Associate Administrator for Hazardous
Materials Safety authorizing the requested alternate method.
(d) Special Permits and Exemptions. Compliance with requirements
of special permits and exemptions issued by the U.S. Department of
Transportation, Associate Administrator for Hazardous Materials Safety
in accordance with 49 CFR Part 107, shall be deemed in compliance with
equivalent provisions of this article.
(e) Inspection by Department. Carriers and shippers shall afford duly
authorized employees of the department reasonable opportunity to enter
terminals and other locations to determine compliance with the provi-
sions of this article.
(f) Unsafe Transportation Prohibited. Authorized employees of the
department shall declare and mark any vehicle out-of-service when the
condition, securement, preparation of lading, filling, closures, or protec-
tive devices on cylinders and tanks would be hazardous to life and prop-
erty during transportation.
(1) No carrier shall require or permit any person to operate nor shall
any person operate any vehicle marked out-of-service until all necessary
corrections have been completed.
(2) No person shall remove any out-of-service notice from any ve-
hicle prior to the completion of all corrections required by the notice.
(g) Hazardous Materials Transportation License.
( 1 .) Fees. The fee for a new license is one hundred dollars ($100) and
the fee for a renewal license is seventy-five dollars ($75).
(2) Original License. The original valid license shall be kept at the li-
censee's place of business as indicated on the license and presented to
any duly authorized employee of the Department upon request.
(3) Copy in each vehicle. A legible copy shall be carried in any vehicle
or combination of vehicles transporting hazardous materials and shall be
presented to any traffic officer upon request.
(4) Temporary License. Carriers who have paid the license fee, may
use either of the following as a temporary license for not more than 60
days when carried in the vehicle:
(A) A copy of the carrier's completed application for license to trans-
port hazardous materials and a copy of the check or money order indicat-
ing payment of fee.
(B) A telegraphic money order receipt, or copy thereof, made payable
to the California Highway Patrol, indicating payment of fee for license
to transport hazardous materials.
(5) Exceptions. Federal, State, county, city, and city and county agen-
cies, and other political subdivisions of the State including, but not lim-
ited to, school, irrigation, and fire protection districts are exempt from the
licensing requirements of Vehicle Code Section 32000.5.
Internet Access. The California Highway Patrol form CHP 361M
(Rev. 01-00), Application for Hazardous Materials Transportation Li-
cense, instructions for completing the application and related documents
are available on the Internet at http://www.chp.ca.gov/html/forms.html.
NOTE: Authority cited: Sections 32002 and 34501 , Vehicle Code. Reference: Sec-
tions 2502, 32000.5, 32001 and 34501, Vehicle Code.
History
1. Amendment of subsection (e) filed 12-21-77 as an emergency; designated ef-
fective 1-1-78. Certificate of Compliance included (Register 77, No. 52).
2. Amendment of subsection (e) filed 1-20-78 as an emergency; effective upon
filing (Register 78, No. 3).
3. Editorial correction to previous history note and desienation of subsections
(Register 78, No. 12).
4. Certificate of Compliance filed 3-21-78 (Register 78, No. 12).
5. New subsection (g) filed 2-22-82; effective thirtieth day thereafter (Register
82, No. 9).
6. Amendment filed 6-22-83; effective thirtieth day thereafter (Register 83, No.
26).
7. Repealer of subsection (g)(5) filed 9-7-84; effective thirtieth day thereafter
(Register 84, No. 36).
8. Amendment of subsections (g)(3) and (g)(4) filed 7-20-87; operative 8-19-87
(Register 87, No. 30).
Page 130
Register 2000, No. 45; 11-10-2000
Title 13
Department of the California Highway Patrol
§ 1161.7
9. Amendment of subsection (a) filed 11-30-88; operative 12-30-88 (Register
88, No. 51).
10. Amendment of subsection (g)(3) filed 3-10-92: operative 4-9-92 (Register
92, No. 12).
11. Amendment of subsections (c)(4). (d)(1) and (f), and repealer of subsections
(d)(2)-(3) filed 3-6-95; operative 4-5-95 (Register 95, No. 10).
12. Amendment of subsections (a) and (d) filed 10-5-99; operative 11^1—99
(Register 99, No. 41).
13. Amendment of subsections (g)(l)-(g)(4), new subsection (g)(5) and new last
paragraph filed 11-8-2000; operative 12-8-2000 (Register 2000, No. 45).
§ 1160.5. Hazard Classification and Shipping Names.
Hazardous materials shall be classified and described (proper shipping
name) in accordance with 49 CFR Parts 172 and 173.
NOTE: Authority and reference cited: Sections 2402.7 and 34501, Vehicle Code.
History
1. New section filed 9-7-84; effective thirtieth day thereafter (Register 84, No.
36).
2. Amendment filed 7-20-87; operative 8-19-87 (Register 87, No. 30).
§ 1 1 61 . Shipping Papers.
(a) Applicability. Shippers and carriers shall comply with the shipping
paper requirements contained in 49 CFR Part 172, Subpart C and 49 CFR
177.817.
(b) Retention - Shippers and carriers subject to federal jurisdiction.
Shippers and carriers of hazardous materials transported in commerce
shall comply with the one year shipping paper retention requirements
contained in 49 U.S.C. Section 5110 and shall make them available for
inspection by any duly authorized employee of the department.
(c) Retention- Shippers and carriers not subject to federal jurisdiction.
Shippers and carriers not subject to federal jurisdiction shall retain copies
of shipping papers for at least six months and shall make them available
for inspection by any duly authorized employee of the department.
NOTE: Authority cited: Section 34501, Vehicle Code. Reference: Section 34501,
Vehicle Code.
History
1. Amendment filed 12-21-77 as an emergency; designated effective 1-1-78.
Certificate of Compliance included (Register 77, No. 52).
2. Amendment of subsection (e) filed 1-20-78 as an emergency; effective upon
filing (Register 78, No. 3).
3. Certificate of Compliance filed 3-21-78 (Register 78, No. 12).
4. Amendment of subsections (a), (d)( 1 ) and (d)(3) filed 7-8-81 ; effective thirtieth
day thereafter (Register 81, No. 28).
5. Amendment filed 2-22-82; effective thirtieth day thereafter (Register 82, No.
9).
6. Amendment of subsection (a) filed 9-7-84; effective thirtieth day thereafter
(Register 84, No. 36).
7. Amendment of subsection (b) filed 7-20-87; operative 8-19-87 (Register 87,
No. 30).
8. Repealer of subsections (a)-(e), new subsection (a) and relettering of subsection
(0 to subsection (b) filed 1 1-30-88; operative 12-30-88 (Register 88, No. 51).
9. Amendment of section and Note filed 10-5-99; operative 1 1-4-99 (Register
99, No. 41).
§ 1 1 61 .1 . Shipping Certification.
(a) Shipper Certificate Required. Shippers shall not offer and initial
carriers (other than private carriers) shall not accept for transportation
hazardous materials in any form other than bulk shipments in cargo tanks
furnished by the carrier, unless the shipper provides a signed certificate
prepared in conformance with 49 CFR 172.204.
(b) Retention. Certificates need not be carried with the material en-
route, however, copies of shipper certificates shall be retained for at least
six months and shall be subject to inspection by any authorized employee
of the department.
NOTE: Authority and reference cited: Section 34501, Vehicle Code.
History
1. Amendment filed 12-21-77 as an emergency; designated effective 1-1-78.
Certificate of Compliance included (Register 77, No. 52).
2. Amendment filed 7-8-81; effective thirtieth day thereafter (Register 81, No.
28).
3. Amendment filed 2-22-82; effective thirtieth day thereafter (Register 82, No.
9).
4. Amendment of subsections (a) and (b) filed 11-30-88; operative 12-30-88
(Register 88, No. 51).
5. Repealer of subsections (b) and (d) and subsection relettering filed 3-6-95; op-
erative 4-5-95 (Register 95, No. 10).
§1161.2. Hazard Labels.
(a) Applicability. Shippers and carriers shall comply with the labeling
requirements contained in 49 CFR Part 172, Subpart E (commencing
with Section 172.400).
(b) As specified in 49 CFR 172.401(b), no labels shall be used when
they may be confused by reason of shape, size, or color with the hazard
labels prescribed by this section unless authorized by 49 CFR
172.401(c).
(c) As specified in 49 CFR 1 72.401(a), hazard labels prescribed by this
section shall not be affixed to packagings which do not contain hazardous
materials or when the label does not represent the hazard of the hazardous
material in the package, unless authorized by 49 CFR 172.401(c).
(d) All labels and decals on packages shall be replaced before they be-
come illegible.
NOTE: Authority cited: Section 34501, Vehicle Code. Reference: Section 34501,
Vehicle Code.
History
1. Amendment of subsection (c) filed 7-20-87; operative 8-19-87 (Register 87,
No. 30).
2. Repealer of subsections (a)-(c), new subsection (a), relettering and amendment
of subsection (d) to subsection (b) and relettering of subsections (e) and (f) to
subsections (c) and (d) filed 11-30-88; operative 12-30-88 (Register 88, No.
51).
3. Amendment of subsections (a)-(d) and new subsection (e) filed 3-6-95; opera-
tive 4-5-95 (Register 95, No. 10).
4. Amendment of subsection (d) and repealer of subsection (e) filed 8-20-97; op-
erative 9-19-97 (Register 97, No. 34).
5. Amendment of subsection (a) and Note filed 10-5-99; operative 11-4-99
(Register 99, No. 41).
§1161.3. Marking.
(a) Applicability. Shippers and carriers shall comply with the marking
requirements contained in 49 CFR Part 172, Subpart D (commencing
with Section 172.300), and 49 CFR 177.823.
(b) Hazardous materials proper shipping names and identification
numbers shall not be marked on packagings when prohibited by 49 CFR
172.303.
NOTE: Authority cited: Section 34501, Vehicle Code. Reference: Section 34501,
Vehicle Code.
History
1 . Designation and amendment of subsection (a) and new subsection (b) and Note
filed 3-6-95; operative 4-5-95 (Register 95, No. 10).
2. Amendment of subsection (a) filed 10-5-99; operative 1 1-4-99 (Register 99,
No. 41).
§ 1 1 61 .6. Emergency Response Information.
Shippers and carriers shall comply with the applicable emergency re-
sponse information requirements contained in 49 CFR Part 172, Subpart
G (commencing with Section 172.600).
NOTE: Authority cited: Section 34501, Vehicle Code. Reference: Section 34501,
Vehicle Code.
History
1 . New section filed 7-31-95; operative 8-30-95 (Register 95, No. 31).
2. Amendment of section filed 8-14-96; operative 9-13-96 (Register 96, No. 33).
3. Amendment filed 10-5-99; operative 11—4-99 (Register 99, No. 41).
§ 1 1 61 .7. Hazardous Materials Training.
(a) Applicability. Carriers and shippers who are directly subject to fed-
eral jurisdiction pursuant to 49 CFR 171.1 are subject to the following:
(1 ) Shippers and carriers shall comply with the hazmat employee train-
ing requirements contained in 49 CFR Part 1 72, Subpart H (commencing
with Section 172.700).
(2) Shippers shall also comply with the training provisions contained
in 49 CFR 173.1.
(3) Carriers shall also comply with the training provisions contained
in 49 CFR Sections 177.800 and 177.816.
(b) Shippers and carriers not directly subject to federal jurisdiction
shall thoroughly instruct each of their officers, agents, and employees
Page 130.1
Register 2000, No. 45; 11 - 10-2000
§1162
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
having any responsibility for preparing hazardous materials for transpor-
tation, or for transporting hazardous materials as to applicable require-
ments of Article 3 governing the performance of those individuals' re-
sponsibilities.
NOTE: Authority cited: Section 34501, Vehicle Code. Reference: Section 34501,
Vehicle Code.
History
1 . New section filed 1 1-30-88; operative 12-30-88 (Register 88, No. 51). Text
was modified and moved to Section 1161.7. Repealer filed 3-6-95; operative
4-5-95 (Register 95, No. 10).
2. Amendment of subsection (a) filed 10-5-99; operative 1 1-4-99 (Register 99,
No. 41).
§1162. Placards.
(a) Applicability. Shippers and carriers shall comply with the placard-
ing requirements contained in 49 CFR Part 172, Subpart F (commencing
with Section 172.500) and 49 CFR 177.823.
(b) Exclusions. This section does not apply to the transportation of
small quantities of explosives as provided by Vehicle Code Section
27903.
(c) Placards shall not be affixed to a packaging, freight container, mo-
tor vehicle, etc. when prohibited by 49 CFR 172.502(a).
(d) Placards may be affixed even when not required by this section
when displayed in accordance with 49 CFR 172.502(c).
NOTE: Authority cited: Section 34501, Vehicle Code. Reference: Section 34501,
Vehicle Code.
History
1 . Amendment of subsection (g) filed 8-5-77 as an emergency; effective upon fil-
ing (Register 77, No. 32).
2. Certificate of Compliance filed 10-21-77 (Register 77, No. 43).
3. Amendment of subsection (g) filed 12-21-77 as an emergency; designated ef-
fective 1-1-78. Certificate of Compliance included (Register 77, No. 52).
4. New subsection (h) filed 1-20-78 as an emergency; effective upon filing (Reg-
ister 78, No. 3).
5. Certificate of Compliance filed 3-21-78 (Register 78, No. 12).
6. Repealer of subsection (h) filed 7-8-81 ; effective thirtieth day thereafter (Reg-
ister 81, No. 28).
7. Amendment filed 11-30-88; operative 12-30-88 (Register 88, No. 51).
8. Amendment of subsections (a)-(c) and new subsection (d) filed 3-6-95; opera-
tive 4-5-95 (Register 95, No. 10).
9. Amendment of subsection (a) and Note filed 10-5-99; operative 1 1—4—99
(Register 99, No. 41).
§ 1 1 62.1 . Vehicle Safety Equipment.
(a) Fire Extinguishers.
(1) Every three-axle motortruck or combination of vehicles shall be
equipped with one fire extinguisher with at least a 4B:C rating, except as
provided in (2) or (3).
(2) Every motor vehicle shall be equipped with one fire extinguisher
rated at least 10B:C if the motor vehicle, or any vehicle in a combination
of which it is a part, transports cargo requiring placards (Section 1 1 62).
Two fire extinguishers with a combined rating of 10B:C may be used,
provided the rating of neither unit is less than 4B:C.
(3) Every tank vehicle or combination of tank vehicles used to trans-
port flammable or combustible liquids shall be equipped with at least one
fire extinguisher having a rating of not less than 20B:C. A fire extinguish-
er rated 12B:C and in service prior to July 1, 1970, may continue in use
if it is in good working order. Fire extinguishers required by this subsec-
tion shall be serviced annually in accordance with Title 19, California
Code of Regulations Chapter 1 , Subchapter 3, commencing with Section
550.
(4) Each fire extinguisher shall have been rated and labeled by one of
the following test labs approved by the State Fire Marshal to test and label
portable fire extinguishers for sale in California.
(A) Underwriter's Laboratories, Northbrook, Illinois. All sizes and
classifications.
(B) Factory Mutual Research Corporation, Norwood, Massachusetts.
Sizes 10B:C, 1 A 10B:C, 2A 40B:C, 3A 40B:C, and 4A 80B:C fire extin-
guishers filled with Halon 1211 or Halon 1301.
(5) Fire extinguishers using any carbon tetrachloride, chlorobromo-
methane, or methyl bromide as extinguishing agents shall not be carried
for use in or about any vehicle.
(6) Each fire extinguisher shall be securely mounted on a motor ve-
hicle or trailer in a conspicuous place or in a clearly marked compartment
and readily accessible.
(7) Fire extinguishers shall be maintained in efficient operating condi-
tion and shall be equipped with means for determining if they are fully
charged.
(b) Emergency Warning Devices.
(1) Every vehicle or combination of vehicles transporting Division
1.1, 1.2 or 1.3 explosives shall carry 3 red emergency reflectors.
(2) Liquid burning flares, fusees, oil lanterns, or any signal produced
by a flame shall not be carried on any vehicle or vehicle combination
transporting Division 1.1, 1.2 or 1.3 (explosives) hazardous materials; or
any cargo tank vehicle or in any other vehicle operated in combination
with a cargo tank vehicle and used for the transportation of Division 2.1
(flammable gas), Class 3 (flammable liquid) or combustible liquid mate-
rials whether loaded or empty.
NOTE: Authority cited: Section 34501, Vehicle Code. Reference: Section 34501,
Vehicle Code.
History
1. Amendment of subsection (a)(3) filed 1 1-5-81; effective thirtieth day thereafter
(Register 81, No. 45).
2. Amendment filed 6-22-83: effective thirtieth day thereafter (Register 83, No.
26).
3. Amendment of subsection (a)(3) filed 5—4-84; effective thirtieth day thereafter
(Register 84, No. 18).
4. Amendment of subsection (a) filed 10-28-86; effective thirtieth day thereafter
(Register 86, No. 44).
5. Change without regulatory effect of subsection (a) (3) filed 2-8-88; operative
3-9-88 (Register 88, No. 7).
6. Editorial correction of subsection (a)(4) (Register 95, No. 28).
7. Repealer and new subsection (b)(2) and amendment of Note filed 6-1 7-96; op-
erative 7-17-96 (Register 96, No. 25).
8. Amendment filed 10-5-99; operative 1 1-4-99 (Register 99, No. 41).
§1163. Shipment Preparation.
Shipment preparation of hazardous materials shall be governed by the
following:
(a) Shipment Preparation and Transportation. Shipments shall be pre-
pared for transportation and transported in accordance with provisions of
49 CFR Part 173.
(b) Authorized Packages-General. Only packagings authorized for
shipment of specific commodities by 49 CFR Parts 172 and 173, shall be
used, except when otherwise authorized by Sections 1160.1, 1160.4(c)
or (d), or 1 163(c) or (f) of this article.
(c) Previously Authorized State Fire Marshal Cargo Tanks. Cargo
tanks that were authorized by Title 19, California Code of Regulations,
(19 CCR), Section 1609.1 on April 1, 1984, which were manufactured
and placed into service prior to April 1, 1984, may continue to be used
by intrastate carriers, who are not directly subject to federal jurisdiction
prior to the October 1, 1998, effective date of RSPA Docket HM-200,
to transport flammable liquids under the conditions listed below. Cargo
tanks having a capacity of less than 1 3,250 liters (3,500 gallons) used for
the transportation of flammable liquid petroleum products may continue
to be used under the provisions of 49 CFR 173.8(b). Cargo tanks trans-
porting flammable liquids other than petroleum products, or having a ca-
pacity of 13,250 liters or more, may continue to be used under the follow-
ing requirements pursuant to 49 CFR 173.8(a) until July 1, 2000.
(1) The flammable liquid has no secondary hazard(s) for which trans-
portation in a MC-306 cargo tank is not authorized.
(2) The cargo tanks are maintained, retested, inspected and marked in
accordance with 49 CFR 173.24(b), (e), (f), (g) and (h); 173.24b(a)(l)
and (2), (c) and (d)(1); and 49 CFR Part 1 80 applicable to a MC-306 DOT
specification cargo tank.
(d) Leaking packages. Package closures shall be adequate to prevent
leakage of contents, and leaking packages shall not be transported.
(e) Qualification and Maintenance of Packagings. Except as provided
in subsections (c) and (f), the maintenance, retesting, inspection and
Page 130.2
Register 2000, No. 45; 11-10-2000
Title 13 Department of the California Highway Patrol §1163
qualification of packages shall be in accordance with 49 CFR Pari 173, having a capacity of 7,571 liters (2,000 gallons) or less, may be continued
Subpart B and 49 CFR Part 180. Copies of certificates, reports, and re- in service by private carriers to transport anhydrous ammonia between
cords of retesting shall be subject to inspection by any authorized em- a filling point and a ranch, or between two locations on one ranch, or be-
ployee of the department. tween ranches, and need not meet specifications in 49 CFR Part 178, pro-
(f) Anhydrous Ammonia — Additional Packagings. Truck-mounted vided:
cargo tanks manufactured before 1 970, or manufactured before 1972 and
[The next page is 130.3.]
Page 130.2 (a) Register 2000, No. 45; 1 1 - 10- 2000
Title 13
Department of the California Highway Patrol
§1166
(1) The tank meets design, construction, repair and operational re-
quirements for anhydrous ammonia transportation tanks in the Unfired
Vessels Safety Orders, Chapter 4, Title 8, California Code of Regula-
tions; and
(2) The tank is operated by a carrier not subject to federal jurisdiction.
NOTE: Authority and reference cited: Sections 34019 and 34501, Vehicle Code.
History
1 . New subsection (g) filed 5-1 2-77 as an emergency; effective upon filing (Reg-
ister 77, No. 20).
2. Certificate of Compliance filed 7-15-77 (Register 77, No. 29).
3. Amendment of subsection (a) filed 12-21-77 as an emergency; designated ef-
fective 1-1-78. Certificate of Compliance included (Register 77, No. 52).
4. Amendment filed 7-26-78; designated effective 9-1-78 (Register 78, No. 30).
5. Amendment of subsection (g) filed 7-8-81; effective thirtieth day thereafter
(Register 81, No. 28).
6. Amendment of subsection (e) filed 2-22-82; effective thirtieth day thereafter
(Register 82, No. 9).
7. Amendment of subsection (b) filed 6-22-83; effective thirtieth day thereafter
(Register 83, No. 26).
8. Amendment of subsections (b) and (e) filed 5^1-84; effective thirtieth day
thereafter (Register 84, No. 1 8).
9. Amendment filed 7-20-87; operative 8-19-87 (Register 87, No. 30).
10. Change without regulatory effect of subsections (b), (e) and (f)(2)(A) filed
2-8-88; operative 3-9-88 (Register 88, No. 7).
11. Amendment of subsection (0 and repealer of subsection (g) filed 1 1-30-88;
operative 12-30-88 (Register 88, No. 51).
12. Amendment filed 3-6-95; operative 4-5-95 (Register 95, No. 10).
13. Amendment of subsections (c)(2) and (e) filed 8-20-97; operative 9-19-97
(Register 97, No. 34).
14. Amendment of subsection (c) filed 10-26-98 as an emergency; operative
1 1-25-98 (Register 98, No. 44).
§ 11 63.1 . Prohibited Transportation.
Shippers shall not offer and carriers shall not transport any of the fol-
lowing:
(a) Materials designated as "Forbidden" by 49 CFR 172.101.
(b) Any package containing any materials or combinations of materi-
als that is forbidden to be tendered for transportation by the provisions
of 49 CFR 173.21.
(c) Hazardous materials prepared or offered for shipment in a manner
specifically prohibited or restricted by 49 CFR Part 173 or 177.
NOTE: Authority cited: Section 34501, Vehicle Code. Reference: Section 34501,
Vehicle Code.
History
1. Repealer and new section filed 11-30-88; operative 12-30-88 (Register 88,
No. 51).
2. Amendment of subsections (a) and (c) and amendment of Note filed 10-5-99;
operative 1 1^-99 (Register 99, No. 41).
§ 1164. Vehicle Loading.
(a) Loading Requirements. Load securement, loading, unloading and
vehicle utilization shall comply with 49 CFR Part 177, Subparts B and
C.
(b) Packages. Packages shall be secured during transit by use of brac-
ing, chocks, or tiedowns to prevent their sliding, falling, tipping, or roll-
ing with normal vehicle acceleration, deceleration, or change in direc-
tion. Ends, sidewalls, or doors of van bodies, or racks on flatbed vehicles
shall not be relied upon for the securement of portable tanks.
NOTE: Authority and reference cited: Section 34501, Vehicle Code.
History
1. Amendment filed 7-8-81; effective thirtieth day thereafter (Register 81, No.
28).
2. New subsection (a)(7) and amendment of subsection (d) filed 2-22-82; effec-
tive thirtieth day thereafter (Register 82, No. 9).
3. Amendment filed 6-22-83; effective thirtieth day thereafter (Register 83, No.
26.)
4. Amendment filed 7-20-87; operative 8-19-87 (Register 87, No. 30).
5. Change without regulatory effect by moving text from Section 1 165(d) to Sec-
tion 1 164(b) and from Section 1 165(c) to Section 1 164(c) filed 1 1-30-88; op-
erative 12-30-88 (Register 88, No. 51).
6. Amendment of subsection (a) and repealer of subsections (c)-(f) filed 3-6-95 ;
operative 4-5-95 (Register 95, No. 10).
§1165. [Reserved].
NOTE: Authority cited: Section 32102, Vehicle Code. Reference: Section 32107,
Vehicle Code.
History
1 . New subsection (e) filed 5-12-77 as an emergency; effective upon filing (Reg-
ister 77, No. 20).
2. Certificate of Compliance filed 7-15-77 (Register 77, No. 29).
3. Amendment of subsection (b) filed 7-8-81; effective thirtieth day thereafter
(Register 81, No. 28).
4. New subsection (e) and relettering and amendment of former subsection (e) to
subsection (f) filed 2-22-82; effective thirtieth day thereafter (Register 82, No.
9).
5. Amendment filed 6-22-83; effective thirtieth day thereafter (Register 83, No.
26).
6. Repealer of subsection (e) filed 9-7-84; effective thirtieth day thereafter (Regis-
ter 84, No. 36).
7. Repealer filed 1 1-30-88; operative 12-30-88 (Register 88, No. 51).
8. New section filed 1 1-25-91 ; operative 3-24-91 (Register 92, No. 8).
9. Change without regulatory effect repealing section filed 1 1-16-94 pursuant to
section 100, title 1, California Code of Regulations (Register 94, No. 46).
10. Repealer of section heading filed 8-20-97; operative 9-19-97 (Register 97,
No. 34).
§1165.1. [Reserved].
NOTE: Authority and reference cited: Section 34501, Vehicle Code.
History
1. Repealer filed 2-22-82; effective thirtieth day thereafter (Register 82, No. 9).
2. Repealer of section heading filed 8-20-97; operative 9-19-97 (Register 97, No.
34).
§ 1166. Reporting of Incidents Involving Hazardous
Materials or Hazardous Wastes.
(a) Carriers directly subject to federal jurisdiction pursuant to 49 CFR
Part 171 shall comply with the detailed written incident reporting re-
quirements contained in 49 CFR 171.16.
(b) Carriers not directly subject to federal jurisdiction shall report inci-
dents involving hazardous materials or hazardous wastes during trans-
portation,loading or unloading, or temporary storage on carrier premises
as follows:
(1 ) Reports Required. A written report is required of incidents that re-
sult in:
(A) Any spill or discharge of hazardous materials or hazardous wastes
from any package container, or tanker
(B) Fatality, injury, or hospitalization of any person due to fire, explo-
sion of, or exposure to any hazardous material or hazardous wastes.
(C) Continuing danger to life, health or natural resources at the scene
of the incident.
(D) Estimated property damage exceeding $50,000.
(2) Report Content and Routing. The written report shall, within 30
days of the date of incident discovery, be submitted to the Department of
the California Highway Patrol, Commercial Vehicle Section, Post Office
Box 942898, Sacramento, CA 94298-0001 . The report shall include time
and date of occurrence, injuries, property damage, continuing danger to
life at the scene of the incident, identification of the commodity and its
classification, and other pertinent details. The report may be prepared
utilizing DOT Form F5800.1 (Rev. 6/89), Hazardous Materials Incident
Report.
(3) Report Retention. A copy of each hazardous materials or hazard-
ous waste spill report shall be retained by the carrier for at least six
months, and shall be subject to inspection by duly authorized employees
of the department.
(4) Exceptions. The requirements of subsection (b) do not apply to in-
cidents involving the spill or discharge of materials:
(A) Transported under the following proper shipping names:
(i) Consumer commodity
(ii) Battery, electric storage, wet, filled with acid or alkali
(iii) Paint and paint related material when shipped in packagings of
five gallons or less.
(B) Prepared and transported as a limited quantity shipment in accor-
dance with this article.
(5) The exceptions to incident reporting provided in paragraph (4) of
this subsection do not apply to:
Page 130.3
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§1167
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(A) Materials in Packing Group I other than consumer commodities.
(B) Incidents involving the transportation of hazardous waste, or:
(C) Incidents where any of the following occur as a direct result of haz-
ardous materials release or threatened release:
(i) A person is killed: or
(ii) A person receives injuries requiring his or her hospitalization; or
(iii) Estimated carrier or other property damage exceeds $50,000; or
(iv) An evacuation of the general public occurs lasting one or more
hours; or
(v) One or more major transportation arteries or facilities are closed or
shut down for one hour or more.
(c) The DOT Hazardous Materials Incident Report form F5800.1
(Rev. 6/89), a guide for completing the report and text of the reporting
requirements are available at the following internet sites respectively:
http://hazmat.dot.gov/5800.pdf, http://hazmat.dot.gov/5800guid.pdf,
and http://hazmat.dot.gOv/spills.htm#I71.16. Alternatively, the form
F5800.1 and the guide document for assisting in the completion of DOT
Form F5800.1 may be obtained from the Office of Hazardous Materials
Transportation, DHM-51, U.S. Department of Transportation, Wash-
ington, DC 20590-0001.
NOTE: Authority cited: Section 34501, Vehicle Code. Reference: Section 34501,
Vehicle Code.
History
1. Amendment filed 7-8-81; effective thirtieth day thereafter (Register 81, No.
28).
2. Change without regulatory effect of subsection (b) (Register 86, No. 48).
3. Amendment of subsections (b) and (d)(3) filed 1 1-30-88; operative 12-30-88
(Register 88, No. 51).
4. Amendment of subsection (b) filed 9-27-90; operative 10-27-90 (Register 90,
No. 45).
5. Editorial correction restoring subsections (c) and (d) (Register 92, No. 12).
6. Amendment of subsections (b) and (d) filed 3-6-95: operative 4-5-95 (Register
95, No. 10).
7. New subsection (a) and subsection relettering. and amendment of newly desig-
nated subsections (b), (b)(1), (b)(2), (b)(4) and (b)(4)(B) filed 8-14-96; opera-
tive 9-13-96 (Register 96, No. 33).
8. Amendment of section and Note filed 10-5-99; operative 1 1^4—99 (Register
99, No. 41).
§ 1167. Delivery of Shipments; Action in Event of
Accidents.
The delivery of hazardous materials shipments and required driver ac-
tion in the event of accidents shall be governed by provisions of 49 CFR
Part 177, Subpart D (commencing with Section 177.854). Notwithstand-
ing the provisions of Section 1 1 63(d), a leaking packaging which devel-
ops or is discovered subsequent to the commencement of transportation
may be transported in accordance with 49 CFR Part 177, Subpart D.
NOTE: Authority cited: Section 34501, Vehicle Code. Reference: Section 34501,
Vehicle Code.
History
1 . Amendment of section and new Note filed 3-6-95; operative 4-5-95 (Register
95, No. 10).
2. Amendment filed 8-20-97; operative 9-19-97 (Register 97, No. 34).
3. Amendment filed 10-5-99; operative 11-4-99 (Register 99, No. 41).
§1168. [Reserved].
NOTE: Authority and reference cited: Section 34501, Vehicle Code.
History
1. New section filed 1 1-30-88; operative 12-30-88 (Register 88, No. 51).
2. Repealer of section heading and section filed 8-20-97; operative 9-19-97
(Register 97, No. 34).
Article 4. Inspection Fees
§1170. Scope.
NOTE: Authority and reference cited: Section 2560, Vehicle Code.
History
1. New Article 4 (Sections 1170-1173) filed 8-19-81; effective thirtieth day
thereafter (Register 8 1 , No. 34). For history of former Article 4, see Register 77,
No. 34.
2. Chanse without regulatorv effect filed 2-8-88; operative 3-9-88 (Register 88,
No. 7).
3. Change without regulatory effect repealing section filed 1-29-90 pursuant to
Section 100, Title 1, California Code of Regulations (Register 90, No. 5).
§1171. Definitions.
NOTE: Authority and reference cited: Section 2560, Vehicle Code.
History
1 . Change without regulatory effect of subsection (b) (Register 86, No. 48).
2. Change without regulatory effect repealing section filed 1-29-90 pursuant to
Section 100, Title 1, California Code of Regulations (Register 90, No. 5).
§1172. Fees.
NOTE: Authority and reference cited: Section 2560, Vehicle Code.
History
1. Change without regulatory effect repealing section filed 1-29-90 pursuant to
Section 100, Title 1, California Code of Regulations(Register 90, No. 5). n
§1173. Reinspections.
NOTE: Authority and reference cited: Section 2560, Vehicle Code.
History
1. Change without regulatory effect repealing section filed 1-29-90 pursuant to
Section 100, Title 1, California Code of Regulations (Register 90, No. 5).
Article 4.5. [Reserved]
§ 1 1 76. Hazardous Waste Training.
NOTE: Authority and reference cited: Section 25168, Health and Safety Code.
History
1. New article 4.5 (section 1176) filed 6-15-87, operative 7-15-87 (Register 87,
No. 25).
2. Repealer filed 3-4-93; operative 3-4-93 (Register 93, No. 10).
3. Repealer of Article 4.5 (sections 1 176-1 178) filed 3-6-95; operative 4-5-95
(Register 95, No. 10).
§ 1 1 78. Hazardous Materials Training.
NOTE: Authority and reference cited: Section 34501, Vehicle Code.
History
1. New section filed 1 1-30-88; operative 12-30-88 (Register 88, No. 51).
2. Repealer filed 3-6-95; operative 4-5-95 (Register 95, No. 10).
Article 5. Fleet Owner Inspection and
Maintenance Stations
NOTE: Authority cited: Sections 2402 and 2525.2, Vehicle Code. Reference: Sec-
tions 2501, 2525, 2525.2, 2525.4, 2525.6, 2525.8, 2525.10 and 2525.12, Vehicle
Code.
History
1. Repealer of Article 5 (Sections 1280-1286) and new Article 5 (Sections
1280-1286) filed 9-28-77; designated effective 1 1-1-77 (Register 77, No. 40).
For prior history, see Registers 71, No. 4, 71, No. 13, 72, No. 46 and 74, No. 14.
2. Repealer of Article 5 (Sections 1280-1296) filed 8-14-78; designated effective
9-18-78 (Register 78, No. 33). For prior history, see Registers 71, No. 4; 71,
No. 13; 72, No. 46; 74, No. 14; and 77, No. 40.
Article 6. Registration, Inspection, and
Certification of Flammable and Combustible
Liquid Cargo Tanks
§1190. [Reserved].
NOTE: Authority cited: Section 34020, Vehicle Code. Reference: Sections 34000,
34040-34045, 34048 and 34049, Vehicle Code.
History
1. Renumbering of former Section 1190 to Section 1190.1 and new Section 1190
filed 9-7-84; effective thirtieth day thereafter (Register 84, No. 36). For prior
history, see Registers 84, No. 2; and 83, No. 26.
2. Change without regulatory effect repealing section heading and section filed
12-2-96 pursuant to section 100, title 1, California Code of Regulations (Regis-
ter 96, No. 49).
§1190.1. [Reserved].
NOTE: Authority cited: Section 34020, Vehicle Code. Reference: Sections 34000,
34040-34045, 34048 and 34049, Vehicle Code.
Page 130.4
Register 99, No. 41; 10-8-99
Title 13
Department of the California Highway Patrol
§1200
History
1 . New article 6 (sections 1 1 90-1 1 94) filed 6-22-83; effective thirtieth day there-
after (Register 83, No. 26).
2. Relettering of subsection (b) to subsection (c) and new subsection (b) filed
1-9-84; effective thirtieth day thereafter (Register 84, No. 2).
3. Renumbering of former section 11 90 to section 1190.1 and amendment of Note
filed 9-7-84; effective thirtieth day thereafter (Register 84, No. 36).
4. Change without regulatory effect of subsection (c)(3) (Register 86, No. 48).
5. Editorial correction of subsection (c)(3) printing error (Register 87, No. 4).
6. Amendment filed 3-4-93; operative 3-4-93 (Register 93, No. 10).
7. Amendment of subsections (a) and (b) filed 3-6-95; operative 4-5-95 (Register
95, No. 10).
8. Change without regulatory effect repealing section heading and section filed
12-2-96 pursuant to section 100, title 1, California Code of Regulations (Regis-
ter 96, No. 49).
§1191. [Reserved].
NOTE: Authority cited: Section 34020, Vehicle Code. Reference: Sections 34000,
34020, 34045 and 34048, Vehicle Code.
History
1 . Amendment of subsections (c) and (d) filed 3^4-93; operative 3^4-93 (Register
93, No. 10).
2. Change without regulatory effect repealing section heading and section filed
12-2-96 pursuant to section 100, title 1 , California Code of Regulations (Regis-
ter 96, No. 49).
§1192. [Reserved].
NOTE: Authority cited: Section 34020, Vehicle Code. Reference: Sections 34000,
34060 and 34060.5, Vehicle Code.
History
1. Amendment of subsections (a) and (c) filed 3^-93; operative 3-4-93 (Register
93, No. 10).
2. Amendment filed 3-6-95; operative 4-5-95 (Register 95, No. 10).
3. Change without regulatory effect repealing section heading and section filed
12-2-96 pursuant to section 100, title 1, California Code of Regulations (Regis-
ter 96, No. 49).
§1193. [Reserved].
NOTE: Authority cited: Section 34020, Vehicle Code. Reference: Sections 34000,
34043, 34044, 34060 and 34060.5, Vehicle Code.
History
1. Amendment of subsections (a)(5) and (b) filed 5-4-84; effective thirtieth day
thereafter (Register 84, No. 18).
2. Amendment of subsection (a) filed 3-6-86; effective thirtieth day thereafter
(Register 86, No. 10).
3. Change without regulatory effect of subsection (a)(1) (Register 87, No. 25).
4. Amendment of section and Figure 1 filed 3-4-93; operative 3-4-93 (Register
93, No. 10).
5. Amendment of subsections (a), (a)(4), and (b) and new subsection (c) filed
3-6-95; operative 4-5-95 (Register 95, No. 10).
6. Change without regulatory effect repealing section heading and section filed
1 2-2-96 pursuant to section 1 00, title 1 , California Code of Regulations (Regis-
ter 96, No. 49).
§1194. [Reserved].
NOTE: Authority cited: Section 34020, Vehicle Code. Reference: Sections 34000
and 34044, Vehicle Code.
History
1 . New subsection (c) filed 5-^1-84; effective thirtieth day thereafter (Register 84,
No. 18).
2. Amendment of section heading, repealer of subsections (a)-(c) and new subsec-
tions (a)-(b) filed 3-6-95; operative 4-5-95 (Register 95, No. 10).
3. Change without regulatory effect repealing section heading and section filed
12-2-96 pursuant to section 100, title 1, California Code of Regulations (Regis-
ter 96, No. 49).
§1195. [Reserved].
NOTE: Authority and reference cited: Section 34019, Vehicle Code.
HrSTORY
1. New section filed 5-4-84; effective thirtieth day thereafter (Register 84, No.
18).
2. Change without regulatory effect of subsection (a) filed 2-8-88; operative
3-9-88 (Register 88, No. 7).
3. Repealer filed 3-6-95; operative 4-5-95 (Register 95, No. 10).
4. Change without regulatory effect repealing section heading filed 12-2-96 pur-
suant to section 100, title 1, California Code of Regulations (Register 96, No.
49).
§1196. [Reserved].
NOTE: Authority and reference cited: Section 34019, Vehicle Code.
History
1. New section filed 5^-84; effective thirtieth day thereafter (Register 84, No.
18).
2. Repealer filed 3-6-95; operative 4-5-95 (Register 95, No. 10).
3. Change without regulatory effect repealing section heading filed 12-2-96 pur-
suant to section 100, title 1, California Code of Regulations (Register 96, No.
49).
§1197. [Reserved].
NOTE: Authority and reference cited: Section 34019, Vehicle Code.
History
1. New section filed 5-4-84; effective thirtieth day thereafter (Register 84, No.
18).
2. Repealer filed 3-6-95; operative 4-5-95 (Register 95, No. 10).
3. Change without regulatory effect repealing section heading filed 12-2-96 pur-
suant to section 100, title 1, California Code of Regulations (Register 96, No.
49).
Chapter 6.5. Motor Carrier Safety *
* Formerly Subchapter 6, Article 2 (Sections 1210-1230, not consecutive).
Article 1. Definitions and General
Provisions
§1200. Scope.
(a) Applicability. Unless otherwise indicated within a specific section,
the provisions of this chapter shall apply to farm labor vehicles and the
vehicles listed in Vehicle Code Sections 34500 and 34500. 1 and their op-
eration.
(b) Limited Application.
(1) Two-axle motor trucks with a gross vehicle weight rating of
26,000 pounds or less transporting hazardous materials in quantities for
which placards are required pursuant to Vehicle Code Section 27903
shall be subject to the following Sections of this chapter: 1212, 1212.5,
1213, 1213.1, 1214, 1215, 1229, 1230, 1232, 1234, and 1256.
(2) Two-axle motor trucks with a gross vehicle weight rating of
26,000 pounds or less transporting hazardous materials in quantities for
which placards are not required shall be subject to the following Sections
of this chapter: 1212, 1212.5, 1214, 1215 (except 1215(b)), 1229, 1230,
and 1232. Two-axle motortrucks transporting hazardous materials for
which a license is required by Vehicle Code Section 32000.5 shall also
be subject to Section 1256.
(3) Section 1213.1 Subsections (c) through (f), shall apply to drivers
of commercial motor vehicles as defined in Vehicle Code Section 15210.
(4) Two-axle motor trucks described in subdivision (j) of Vehicle
Code Section 34500 shall be subject only to Sections 1212, 1212.5 and
1213 of this chapter.
(5) Persons operating vehicles which cause those persons to be subject
to the Motor Carriers of Property Act as described in Division 14.85 of
the Vehicle Code, but which vehicles are not included in Vehicle Code
Section 34500, shall be subject to Article 6.5 of this chapter.
(c) Exceptions.
This chapter shall not apply to vehicles used primarily off the highway
and not required to be registered pursuant to Vehicle Code Section
4000(a).
NOTE: Authority cited: Sections 31401, 34501, 34501.2, 34501.5, 34508 and
34513, Vehicle Code; and Section 39831, Education Code. Reference: Sections
31401, 34500, 34500.1, 34501, 34501.2, 34501.5 and 34508, Vehicle Code; and
Section 39831, Education Code.
History
1. New subchapter 6.5 (articles 1-9, consecutive; sections 1200-1293, consecu-
tive) filed 8-14-78; designated effective 9-18-78 (Register 78, No. 33). For
prior history, see Register 78, No. 33 (subchapter 6, article 2, sections
1210-1230, not consecutive).
2. Amendment of section title filed 4-9-79; designated effective 6-1-79 (Register
79, No. 15).
3. Amendment of subsection (a) filed 6-9-82; effective thirtieth day thereafter
(Register 82, No. 24).
4. Amendment filed 10-28-82; effective thirtieth day thereafter (Register 82, No.
44).
5. Amendment filed 4-27-83; effective thirtieth day thereafter (Register 83, No.
18).
Page 130.5
Register 2007, No. 41; 10-12-2007
§1201
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
6. Amendment of subsection (c) filed 6-22-83; effective thirtieth dav thereafter
(Register 83, No. 26).
7. Amendment filed 1 0-30-86; effective thirtieth day thereafter (Register 86, No.
44).
8. Amendment of subsection (a) filed 8^-87; operative 9-3-87 (Register 87, No.
32).
9. Change without regulatory effect adding new subsection (b)(3) filed 8-13-91
pursuant to section 1 00. title 1, California Code of Regulations (Register 92, No.
4).
10. New subsection (b)(4) filed 4-28-92; operative 5-28-92 (Register 92. No.
18).
1 1. Amendment of subsections (a), (b)(1). (b)(2), (c) and Note filed 7-22-93; op-
erative 8-21-93 (Register 93, No. 30).
12. Amendment of subsection (b)(4) and Note filed 9-6-95; operative 10-6-95
(Register 95, No. 36).
13. Amendment of subsection (a) filed 3-31-99; operative 4-30-99 (Reeister99,
No. 14).
14. Amendment of subsection (b)(3) filed 10-24-2001; operative 11-23-2001
(Register 2001, No. 43).
15. New subsection (b)(5) filed 3-20-2002; operative 4-19-2002 (Reeister 2002,
No. 12).
§1201. Definitions.
The following terms are defined for purposes of this chapter:
(a) Adverse driving conditions. Snow, sleet, fog, other adverse weath-
er conditions, a highway covered with snow or ice, or unusual road and
traffic conditions, none of which were apparent on the basis of informa-
tion known to the person dispatching the run at the time it was begun.
(b) Bus. Every motor vehicle defined in Vehicle Code Section 233 and
every school bus, school pupil activity bus, youth bus, and farm labor
bus. Bus "type" is determined as follows:
(1) Type 1. Designed for carrying more than 16 passengers and the
driver.
(2) Type 2. Designed for carrying not more than 1 6 passengers and the
driver; or manufactured on or after April 1 , 1977, having a manufactur-
er's gross vehicle weight rating of 10,000 lb or less, and designed for car-
rying not more than 20 passengers and the driver.
(c) Co-driver. A driver teamed with another driver for the purpose of
alternating driving duties during a trip. While one drives, the other ordi-
narily rests in a sleeper berth. Both driver and co-driver maintain sepa-
rate driver's records of duty status pursuant to Section 1213 of this title.
(d) Commercial Motor Vehicle. Any vehicle or combination of ve-
hicles as defined in Vehicle Code Section 15210(b)(1).
(e) Commissioner. Commissioner of the Department of the California
Highway Patrol.
(f) Department. Department of the California Highway Patrol.
(g) Drive or Operate. These terms include all time spent at the driving
controls of a motor vehicle in operation.
(h) Driver. Any person, including the owner-driver, who drives any
motor vehicle subject to this chapter, and any person, whether driving for
compensation or not, who is under the direct control of and drives for a
motor carrier.
(i) Driver-salesperson. Any employee who is employed solely as such
by a private earner of property by motor vehicle, who is engaged both in
selling goods, services, or the use of goods, and in delivering by commer-
cial motor vehicle the goods sold or provided or upon which the services
are performed, who does so entirely within a radius of 100 miles of the
point at which the driver reports for duty, who devotes not more than 50
percent of his/her hours on duty to driving time. The term "selling goods"
for purposes of this section shall include in all cases solicitation or obtain-
ing of reorders or new accounts, and may also include other selling or
merchandising activities designed to retain the customer or to increase
the sale of goods or services, in addition to solicitation or obtaining of re-
orders or new accounts.
(j) Driving Time. Means all time spent at the driving controls of a com-
mercial motor vehicle in operation.
(k) Eight Consecutive Days. The period of 8 consecutive days begin-
ning on any day at the time designated by the motor carrier for a 24-hour
period.
(/) FMVSS. Federal Motor Vehicle Safety Standard(s) in effect at the
time the vehicle or component is manufactured.
(m) GPPV — General Public Paratransit Vehicle. Any motor vehicle
specified in Vehicle Code Section 336.
(n) Interstate Driver. Interstate driver means the driver of a vehicle en-
gaged in interstate commerce as defined in 49 CFR, Section 390.5, as
those regulations now exist or are hereafter amended.
(0) Intrastate Driver. Intrastate driver means a driver engaged in trade,
traffic, or transportation not described in the term "interstate driver."
(p) Manufacturer of the Chassis. The original manufacturer of the
chassis or the manufacturer of any integral type of school bus.
(q) Motor Carrier or Carrier. The registered owner, lessee, licensee,
school district superintendent, or bailee of any vehicle who operates or
directs the operations of any such vehicle on either a for-hire ornot-for-
hire basis. The terms "motor carrier" and "carrier" may be used inter-
changeably in this chapter.
(r) Multiple Stops. All stops made in any one village, town, or city may
be computed as one.
(s) On-duty Time. All time from the time a driver begins to work, or
is required to be in readiness to work, until the time the driver is relieved
from work and all responsibility for performing work. On-duty time
shall include:
(1) All time at a carrier or shipper plant, terminal, facility, or other
property, or on any public property, waiting to be dispatched, unless the
driver has been relieved from duty by the motor carrier;
(2) All time inspecting, servicing, or conditioning any vehicle;
(3) All "driving time" as defined in this section;
(4) All time, other than driving time, in or upon any motor vehicle, ex-
cept time spent resting in a sleeper berth as defined by the term "sleeper
berth" in this section;
(5) All time loading or unloading a vehicle, supervising, or assisting
in the loading or unloading, attending a vehicle being loaded or unloaded,
remaining in readiness to operate the vehicle, or in giving or receiving
receipts for shipments loaded or unloaded;
(6) All time spent complying with driver requirements relating to acci-
dents;
(7) All time repairing, obtaining assistance, or remaining in attendance
in or about a disabled vehicle;
(8) All time spent providing a breath sample or urine specimen, includ-
ing travel time to and from the collection site, in order to comply with the
random, reasonable suspicion, post accident, or follow-up testing re-
quired by 49 CFR Part 382, when directed by a motor carrier;
(9) Performing any other work in the capacity of, or in the employ or
service of, a common, contract or private motor carrier; and
(10) Performing any compensated work for any nonmotor carrier enti-
ty-
(t) Pupil Transportation. The transportation of any pupil enrolled in a
public or private school at or below the twelfth-grade level to or from
school in a school bus, to or from a school activity in a school bus or
SPAB, from a school to a nonschool-related activity within 25 miles of
the school in a youth bus, or the transportation of any student enrolled in
a community college to or from the community college or a college activ-
ity, in a vehicle designated as a school bus by resolution of the governing
board pursuant to Vehicle Code Section 545(g), and certified by the de-
partment.
(u) SPAB — School Pupil Activity Bus. Any motor vehicle specified
in Vehicle Code Section 546.
(v) School District Superintendent. This term or a similar phrase in-
cludes county superintendent of schools and the equivalent official of a
private or public school that does not have a school district superinten-
dent.
(w) Seven Consecutive Days. The period of 7 consecutive days begin-
ning on any day at the time designated by the motor carrier for a 24-hour
period.
(x) Sleeper Berth. A berth conforming to the requirements of Section
1265.
[The next page is 131.]
Page 130.6
Register 2007, No. 41; 10-12-2007
Title 13
Department of the California Highway Patrol
§1202
(y) Supporting Documents. Supporting documents are the records of
a motor carrier which are maintained in the ordinary course of business
which may be used to verify the information recorded on drivers' records
of duty status. Examples are: bills of lading, carrier pros, freight bills, dis-
patch records, driver call-in records, gate record receipts, weight/scale
tickets, fuel receipts, fuel billing statements, toll receipts, international
registration plan receipts, international fuel tax agreement receipts, trip
permits, port of entry receipts, cash advance receipts, delivery receipts,
lumper receipts, interchange and inspection reports, lessor settlement
sheets, over/short and damage reports, agricultural inspection reports,
Commercial Vehicle Safety Alliance reports, accident reports, telephone
billing statements, credit card receipts, driver fax reports, on-board com-
puter reports, border crossing reports, custom declarations, traffic cita-
tions, overweight/oversize reports and citations, and/or other documents
directly related to the motor carrier's operation, which are retained by the
motor carrier in connection with the operation of its transportation busi-
ness. Supporting documents may include other documents which the mo-
tor carrier maintains and which can be used to verify information on driv-
ers' records of duty status.
(z) Trailer-bus. A trailer or semi-trailer designed or used for the trans-
portation of more than 10 persons.
(aa) Truck. All motortrucks and truck tractors specified in Vehicle
Code Section 34500.
(bb) Twenty-four Hour Period. Any 24-consecutive-hour period be-
ginning at the time designated by the motor carrier for the terminal from
which the driver is normally dispatched.
(cc) Wheelchair. A specially constructed device on wheels used exclu-
sively to transport a physically handicapped person except infant seat de-
vices, strollers, and gurneys.
(dd) Wheelchair School Bus. Any school bus that has been designed
or modified in accordance with Section 1293 of this title to transport pu-
pils confined to wheelchairs.
(ee) Work Period. The duration between the time a driver first reports
for duty and the time a driver is completely relieved of all duties and is
permitted to go off duty for eight consecutive hours. The terms "work pe-
riod" and "tour of duty" have the same meaning.
NOTE: Authority cited: Sections 31401, 34501, 34501.5, 34508 arid 34520, Ve-
hicle Code; and Section 39831, Education Code. Reference: Sections 336, 546,
31401, 34501, 34501.2, 34501.5, 34508 and 34520, Vehicle Code; and Section
39831, Education Code.
History
1. Amendment filed 5-14-79; effective July 1, 1979 (Register 79, No. 19).
2. Amendment of subsection (k) filed 4-3-80; designated effective 7-1-80 (Reg-
ister 80, No. 14).
3. Amendment of subsection (j) filed 12-28-81; effective thirtieth day thereafter
(Register 82, No. 1).
4. Amendment of subsections (p), (r) and (w) filed 6-9-82; effective thirtieth day
thereafter (Register 82, No. 24).
5. Amendment of subsections (a), (p) and (s), and new subsection (z) filed
10-28-82; effective thirtieth day thereafter (Register 82, No. 44).
6. Amendment filed 4-27-83; effective thirtieth day thereafter (Register 83, No.
18).
7. Amendment filed 7-1-83; effective thirtieth day thereafter (Register 83, No.
27).
8. Amendment filed 8-16-88; operative 9-15-88 (Register 88, No. 34).
9. Amendment of subsection (/) filed 12-5-88; operative 1-4-89 (Register 88, No.
51).
10. Amendment of subsection (k)(4) filed 7-17-89; operative 8-16-89 (Register
89, No. 29).
1 1 . Change without regulatory effect adding new subsections (a), (h), (i), (/), (m),
(p), (q)(9), (v), (w), and (z), subsection relettering, and amendment of newly
designated subsections (q)-(q)(8) filed 2^1-93 pursuant to section 100, title 1,
California Code of Regulations (Register 93, No. 6).
12. Editorial correction of printing error (Register 93, No. 12).
13. Change without regulatory effect amending subsection (g) filed 5-1 1-95 pur-
suant to section 100, title 1, California Code of Regulations (Register 95, No.
19).
14. Change without regulatory effect repealing subsection (t) and subsection relet-
tering filed 4-1-96 pursuant to section 100, title 1, California Code of Regula-
tions (Register 96, No. 14).
15. New subsection (w), subsection relettering and amendment of Note filed
1-8-98; operative 2-7-98 (Register 98, No. 19).
16. Amendment of section and Note filed 10-24-2001; operative 11-23-2001
(Register 2001, No. 43).
17. Amendment of subsections (i), (n)-(o), (s) and (bb) filed 10-12-2007; opera-
tive 11-11-2007 (Register 2007, No. 41).
§ 1202. General Provisions.
The general provisions of this chapter are as follows:
(a) Inspections by Department. Motor carriers shall afford authorized
representatives of the department a reasonable opportunity to enter ter-
minals, maintenance facilities, farm labor camps, or other private proper-
ty to inspect vehicles and records to determine compliance with this
chapter. Every driver shall permit the inspection of any vehicle or perti-
nent records for which the driver is responsible or has under his or her
control.
(b) Authority of District Boards. The governing board of any school
district, county superintendent of schools, or equivalent private school
entity or official, may adopt and enforce additional requirements govern-
ing the transportation of pupils. Such requirements shall not conflict with
any law or state administrative regulation.
(c) Application to Private School Buses. The provisions of this chapter
shall apply equally to private school buses and to private school officials
and agencies unless the context clearly indicates that no such application
may reasonably be made.
(d) Special Application. Regulations in this title relating to buses and
to the transportation of passengers shall also apply to trailer buses.
(e) Exemptions. The Commissioner may grant exemptions from any
of the requirements of this chapter when, in his judgment, requests appear
reasonable, or the results intended by these regulations can be accom-
plished by alternate methods of compliance. However, no exemption will
be granted if, in the opinion of the Commissioner, the exemption would
compromise the safety requirements of these regulations. In addition,
any exemption granted by the Commissioner is nontransferable and may
be rescinded at any time for cause.
(1) Application for Exemption. An application for exemption shall be
made in writing to the Commissioner, and it shall include the following
data:
Reason for requesting an exemption
Alternate method(s) of compliance
When relevant, the make and model, vehicle identification number,
and license number of the vehicle for which the exemption is being re-
quested
The application shall be mailed to:
CALIFORNIA HIGHWAY PATROL
ENFORCEMENT SERVICES DIVISION
POST OFFICE BOX 942898
SACRAMENTO, CA 94298-0001
(2) Copy of Exemption. A copy of any exemption granted shall be car-
ried in the vehicle(s) for which it was issued at all times, unless specified
otherwise in the exemption, and shall be presented for inspection upon
demand by any authorized representative of the department.
(3) Blanket Exemptions. The provisions of this subsection do not ap-
ply to any blanket exemptions the Commissioner may elect to issue. A
blanket exemption is an exemption from a particular provision of this
subchapter granted to all vehicles, or vehicles manufactured on or after
a specified date, pending a change in these regulations.
(f) Motor Carrier of Property Certificate of Compliance. Any motor
carrier of property, as defined in Section 34601 of the Vehicle Code, who
contracts or subcontracts with, or otherwise provides transportation ser-
vices for, another motor carrier of property shall provide to that motor
carrier a certificate as set forth in Section 34620(b) of the Vehicle Code.
The certificate may be on a form provided by the department, or may be
a carrier-provided form containing the following information:
(1) The name of the contracted motor carrier.
(2) The contracted motor carrier's Motor Carrier Permit number and
expiration date.
(3) The signature of the contracted motor carrier or his or her agent.
(4) The printed name, title, and driver's license number of the con-
tracted motor carrier or his or her agent.
(5) The date the certificate is signed.
(6) The name of the contracting motor carrier.
(7) The following statement, inserting the above information as indi-
cated: "I, the undersigned, certify that (name of contracted carrier) holds
Page 131
Register 2008, No. 15; 4-11-2008
§ 1202.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
a Motor Carrier Permit, Number (permit number), which is valid through
(expiration date), a copy of which is attached. I further certify that I. or
a company officer, will immediately notify users of this company's ser-
vices if the permit is suspended, revoked, or is otherwise rendered inval-
id, (signature of contracted motor carrier or agent) (date) (printed name,
title, and driver's license number of contracted motor carrier or agent)"
(g) As used in subsection (f), "contracted motor carrier" means the mo-
tor carrier providing the transportation service. The motor carrier for
whom the transportation service is provided shall be referred to as the
"contracting motor carrier."1
NOTE: Authority cited: Sections 546, 31401, 34501, 34501.5, 34508 and 34620,
Vehicle Code; and Section 39831, Education Code. Reference: Sections 2808,
31401, 34501, 34501 .5, 34508 and 34620, Vehicle Code; and Section 39831, Edu-
cation Code.
History
1. Amendment of subsection (d) filed 8-27-82: effective thirtieth day thereafter
(Register 82. No. 35).
2. Amendment filed 4-27-83: effective thirtieth day thereafter (Register 83, No.
18).
3. Amendment filed 7-1-83; effective thirtieth day thereafter (Register 83, No.
27).
4. Change without regulatory effect of subsection (f)(1) and NOTE (Register 86,
No. 48).
5. New subsections (g)-(h) and amendment of Note filed 9-2-98; operative
10-2-98 (Register 98, No. 36).
6. Amendment of subsections (a), (c), (d) and (f)-(f)(2) filed 3-31-99; operative
4-30-99 (Register 99, No. 14).
7. Change without regulatory effect repealing subsection (d), relettering subsec-
tions, and amending newly redesignated subsection (g) filed 7-11-2000 pur-
suant to section 1 00, title 1 , California Code of Regulations (Register 2000, No.
28).
§ 1202.1. Applicability of Federal Regulations.
Carriers, drivers, and vehicles engaged in interstate commerce or in
the transportation of hazardous substances or hazardous wastes as de-
fined in 49 CFR 171.8 (published October 1 , 2006) shall be subject to the
following Federal Motor Carrier Safety Regulations contained in Title
49, Code of Federal Regulations:
Section
385.415
Subject
What operational requirements apply to the
transportation of a hazardous material
for which a permit is required?
391.15(b)(2) Disqualification for loss of Driving
Privilege
392.60 Unauthorized Persons Not to Be Transported
393.86 Rear end protection
393.93 Seats, Seat Belt Assemblies, and Seat Belt
Assembly Anchorages
396.1 1 Driver Vehicle Inspection Report(s)
396.13 Driver inspection
396.17 Periodic Inspection
397.17 Tires
397.19 Instructions and Documents
Publication Date
October 1,2006
October 1,
October 1,
October 1,
October 1,
October 1,
October 1,
October 1 ,
October 1 ,
October 1,
2006
2006
2006
2006
2006
2006
2006
2006
2006
397.67
Motor carrier responsibility for routing
October 1, 2006
NOTE: Authority cited: Section 34501, Vehicle Code. Reference: Section 34501,
Vehicle Code.
History
1. New section filed 3-7-85; effective thirtieth day thereafter (Register 85, No.
10).
2. Amendment filed 7-17-89; operative 8-16-89 (Register 89, No. 29).
3. Amendment filed 1-24-91; operative 2-23-91 (Register 91, No. 12).
4. Editorial correction of printing error (Register 91, No. 12).
5. Change without regulatory effect amending section filed 3-21-91 pursuant to
section 100, title CCaliforniaCode of Regulations (Register 91, No. 14).
6. Editorial correction of printing error restoring text and HISTORY 2. (Register
91, No. 30).
7. Editorial correction restoring sections 392.60, 392.61, 396.11 and 396.17 (Reg-
ister 91, No. 48).
8. Editorial correction restoring History 2, deleting former History 5, and re-
numbering (Register 95, No. 15).
9. Amendment filed 9-6-95; operative 10-6-95 (Register 95, No. 36).
10. Amendment filed 3-31-99; operative 4-30-99 (Register 99, No. 14).
11. Amendment filed 4-10-2008; operative 5-10-2008 (Register 2008, No. 15).
§ 1202.2. Applicability of Federal Regulations.
Carriers, drivers, and vehicles engaged in intrastate commerce shall be
subject to the following Federal Motor Carrier Safety Regulations con-
tained in Title 49, Code of Federal Regulations:
Section Subject
385.415 What operational requirements apply to the
transportation of a hazardous material
for which a permit is required?
393.86 Rear End Protection (vehicles
manufactured after July 1, 1997)
396.1 1 Driver Vehicle Inspection Reports
396.13 Driver Inspection
397.17 Tires
397.67 Motor Carrier Responsibility for Routing
Publication Date
October 1 , 2006
October 1 , 2006
October 1 , 2006
October 1 , 2006
October 1,2006
October 1,2006
NOTE: Authority cited: Section 34501, Vehicle Code. Reference: Section 34501,
Vehicle Code.
History
1. New section filed 6-17-96; operative 7-17-96 (Register 96, No. 25).
2. Amendment filed 3-31-99; operative 4-30-99 (Register 99, No. 14).
3. Amendment filed 4-10-2008; operative 5-10-2008 (Register 2008, No. 15).
Article 2. School Bus, SPAB, Youth Bus,
and Farm Labor Vehicle Driver Certificates
§ 1203. Words and Phrases.
Words and phrases used in this article are as defined in the Vehicle
Code and this subchapter unless otherwise indicated.
History
1 . Amendment of Article 2 heading filed 10-28-82; effective thirtieth day thereaf-
ter (Register 82, No. 44).
§ 1 203.1 . Special Driver Certificates.
NOTE: Authority cited: Sections 31401, 34501.5 and 34508, Vehicle Code; and
39831, Education Code. Reference: Sections 12517, 12519, 31401, 34501.5 and
34508, Vehicle Code; and Section 39831, Education Code.
History
1. Amendment filed 4-9-79; designated effective 6-1-79 (Register 79, No. 15).
2. Amendment filed 6-9-82; effective thirtieth day thereafter (Register 82, No.
24).
3. Repealer filed 4-27-83; effective thirtieth day thereafter (Register 83, No. 18).
§ 1204. Driver Training.
NOTE: Authority cited: Sections 31401, 34501.5 and 34508, Vehicle Code; and
Section 39831, Education Code. Reference: Sections 546, 12517, 12519, 31401,
34501.5 and 34508, Vehicle Code; and Section 39831, Education Code.
History
1. Amendment filed 4-9-79; designated effective 6-1-79 (Register 79, No. 15).
2. Amendment filed 4-3-80; designated effective 7-1-80 (Register 80, No. 14).
3. Amendment of subsection (0 filed 4-2-81; effective thirtieth day thereafter
(Register 81, No. 4).
4. Amendment of subsection (c) filed 6-9-82; effective thirtieth day thereafter
(Register 82, No. 24).
5. Amendment of subsection (f) filed 8-27-82: effective thirtieth day thereafter
(Register 82, No. 35).
6. Amendment of subsections (a) and (b) filed 4-27-83; effective thirtieth day
thereafter (Register 83, No. 18).
7. Amendment filed 5-17-84; effective thirtieth day thereafter (Register 84, No.
20).
8. Amendment of subsection (b) filed 4-16-86; effective thirtieth day thereafter
(Register 86, No. 16.)
9. Repealer filed 2-6-91; operative 3-8-91 (Register 91, No. 11).
§ 1204.5. Driver Instructor Certificates.
NOTE: Authority and reference cited: Sections 31401 and 34501.5, Vehicle Code.
History
1. New section filed 4-3-80; designated effective 7-1-80 (Register 80, No. 14).
2. Amendment of subsections (d) and (e) filed 6-9-82; effective thirtieth day
thereafter (Register 82, No. 24).
3. Amendment of subsections (c), (d) and (f) filed 5-17-84; effective thirtieth day
thereafter (Register 84, No. 20).
4. Amendment of subsection (f)(3) filed 4-16-86; effective thirtieth day thereafter
(Register 86, No. 16).
5. Repealer filed 2-6-91; operative 3-8-91 (Register 91, No. 1 1).
§ 1205. Medical Requirements.
NOTE: Authority cited: Sections 31401, 34501, 34501.5, and 34508, Vehicle
Code; and Section 39831, Education Code. Reference: Sections 12523, 31401,
34501 and 34501.5, Vehicle Code.
History
1. Amendment filed 4-9-79; designated effective 6-1-79 (Register 79, No. 15).
Page 132
Register 2008, No. 15; 4-11-2008
Title 13
Department of the California Highway Patrol
§1212
2. Amendment filed 10-28-82; effective thirtieth day thereafter (Register 82, No.
44).
3. Repealer filed 1-24-91; operative 2-23-91 (Register 91. No. 7).
§1206. Fingerprints.
NOTE: Authority cited: Sections 31401, 34501, 34501.5, and 34508, Vehicle
Code; and Section 39831, Education Code. Reference: Sections 12523, 12523.5,
31401, 34501, 34501.5 and 34508, Vehicle Code.
History
1. Amendment filed 4-9-79; designated effective 6-1-79 (Register 79, No. 15).
2. Amendment filed 4-2-81; effective thirtieth day thereafter (Register 81, No.
14).
3. Amendment filed 10-28-82; effective thirtieth day thereafter (Register 82, No.
44).
4. Amendment filed 12-5-88; operative 1-4-89 (Register 88, No. 51).
5. Repealer filed 1-24-91 ; operative 2-23-91 (Register 91, No. 7).
§ 1207. Issuance of Driver Certificates.
NOTE: Authority cited: Sections 31401, 34501, 34501.5 and 34508, Vehicle
Code: and Section 39831, Education Code. Reference: Sections 546, 12517,
12519, 12523.5. 31401, 34501.5 and 34508, Vehicle Code; and Section 39831,
Education Code.
History
1. Amendment filed 4-9-79; designated effective 6-1-79 (Register 79, No. 15).
2. Amendment of subsection (c) filed 4-3-80; designated effective 7-1-80 (Reg-
ister 80, No. 14).
3. Amendment of subsection (c) filed 8-27-82; effective thirtieth day thereafter
(Register 82, No. 35).
4. Amendment filed 10-28-82; effective thirtieth day thereafter (Register 82, No.
44).
5. Amendment of subsection (d) filed 4-27-83; effective thirtieth day thereafter
(Register 83, No. 18).
6. Amendment of first paragraph and subsection (a) filed 12-5-88; operative
1-4-89 (Register 88, No. 51).
7. Repealer filed 1-24-91; operative 2-23-91 (Register 91, No. 7).
§ 1 208. Driver Certificate Actions.
NOTE: Authority cited: Sections 34501, 34501.5, and 34508, Vehicle Code; and
Section 39831, Education Code. Reference: Sections 12517, 12523, 12523.5,
34501, 34501.5 and 34508, Vehicle Code.
History
1. Amendment filed 4-9-79; designated effective 6-1-79 (Register 79, No. 15).
2. Amendment filed 4-3-80; designated effective 7-1-80 (Register 80, No. 14).
3. Amendment of subsection (a) and new subsection (b)(l 1) filed 6-9-82; effec-
tive thirtieth day thereafter (Register 82, No. 24).
4. Amendment filed 10-28-82; effective thirtieth day thereafter (Register 82, No.
44).
5. Amendment filed 5-17-84; effective thirtieth day thereafter (Register 84, No.
20).
6. Change without regulatory effect of subsection (b)(10) (Register 87, No. 50).
7. Amendment of section heading and subsections (a)-(c) filed 12-5-88; opera-
tive l-4-89(Register 88, No. 51).
8. Repealer filed 1-24-91; operative 2-23-91 (Register 91, No. 7).
§ 1209. Revocation or Suspension of Certificates.
NOTE: Authority cited: Sections 31401, 34501, 34501.5, and 34508, Vehicle
Code; and Section 39831, Education Code. Reference: Sections 12523, 31401,
34501, 34501.5 and 34508, Vehicle Code.
History
1. Amendment filed 4-9-79; designated effective 6-1-79 (Register 79, No. 15).
2. Amendment filed 10-28-82; effective thirtieth day thereafter (Register 82, No.
44).
3. Repealer filed 5-1 7-84; effective thirtieth day thereafter (Register 84, No. 20).
§1210. Convictions.
NOTE: Authority and reference cited: Sections 34501.5, Vehicle Code; and Sec-
tion 39831, Education Code.
History
1 . Amendment of subsection (a) filed 4-9-79; designated effective 6-1-79 (Reg-
ister 79, No. 15).
2. Amendment filed 5-17-84; effective thirtieth day thereafter (Register 84, No.
20).
3. Repealer filed 1-24-91 ; operative 2-23-91 (Register 91, No. 7).
§ 1211. Denial, Suspension, or Revocation Hearings.
NOTE: Authority cited: Sections 31401, 34501, 34501.5, and 34508, Vehicle
Code; and Section 39831, Education Code. Reference: Sections 12523, 31401,
34501, 34501.5 and 34508, Vehicle Code.
History
1. Amendment filed 4-9-79; designated effective 6-1-79 (Register 79, No. 15).
2. Amendment of subsection (a)(2) filed 4-3-80; designated effective 7-1-80
(Register 80, No. 14).
3. Amendment filed 10-28-82; effective thirtieth day thereafter (Register 82, No.
44).
4. Amendment filed 5-17-84: effective thirtieth day thereafter (Register 84, No.
20).
5. Repealer filed 1-24-91 ; operative 2-23-91 (Register 91, No. 7).
Article 3. General Driving Requirements
§ 1 21 2. Driver Hours of Service.
(a) General. The rules in this section, unless otherwise specified, apply
to all intrastate motor carriers and drivers.
(b) Adverse driving conditions.
(1 ) A driver who encounters adverse driving conditions, as defined in
Section 1201, and cannot, because of those conditions, safely complete
the run within the maximum driving time permitted by Section 1212.5
may drive and be permitted or required to drive for not more than 2 addi-
tional hours in order to complete that am or to reach a place offering safe-
ty for vehicle occupants and security for the vehicle and its cargo. How-
ever, that driver may not drive or be permitted to drive:
(A) More than 12 hours in the aggregate for bus drivers and 14 hours
for truck drivers following eight consecutive hours off duty for bus driv-
ers and ten consecutive hours off duty for truck drivers; or
(B) After the driver has been on duty 15 hours following eight consec-
utive hours off duty for bus drivers and after the end of the 1 6th hour after
coming on duty, following ten consecutive hours off duty, for truck driv-
ers.
(2) Emergency conditions. In the event of a traffic accident, medical
emergency, or disaster, a driver may complete his/her run without being
in violation of the provisions of these regulations, if such run reasonably
could have been completed absent the emergency.
(3) Relief Point. Bus drivers (other than school bus and school pupil
activity bus drivers) in urban and suburban service may exceed their reg-
ulated hours in order to reach a regularly scheduled relief point, provid-
ing the additional time does not exceed one hour.
(c) Driver-salesperson. The provisions of Section 1212.5(b) shall not
apply to any driver-salesperson whose total driving time does not exceed
40 hours in any period of seven consecutive days.
(d) Oilfield operations. (1) In the instance of drivers of commercial
motor vehicles used exclusively in the transportation of oilfield equip-
ment, including the stringing and picking up of pipe used in pipelines,
and servicing of the field operations of the natural gas and oil industry,
any period of eight consecutive days may end with the beginning of any
off-duty period of 24 or more successive hours.
(2) In the case of specially trained drivers of motor vehicles which are
specially constructed to service oil wells, on-duty time shall not include
waiting time at a natural gas or oil well site; provided, that all such time
shall be fully and accurately accounted for in records to be maintained
by the motor carrier. Such records shall be made available upon request
of any authorized employee of the department.
(e) 100 air-mile radius driver. A driver is exempt from the require-
ments of Section 1213 if:
(1) The driver operates within a 100 air-mile radius of the normal work
reporting location;
(2) The driver, except a driver salesperson, returns to the work report-
ing location and is released from work within 12 consecutive hours;
(3) The driver of a school bus, school pupil activity bus, youth bus, or
farm labor vehicle returns to the work reporting location and is released
from work before the end of the 16th hour after coming on duty;
Page 133
Register 2007, No. 41; 10-12-2007
§1212 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 13
(4) At least eight consecutive hours off duty for bus drivers and ten ceed ten hours and the intrastate truck driver does not exceed J 2 hours
consecutive hours off duty for truck drivers, separate each 12 hours on maximum driving time following eight consecutive hours off duty for
duty; and bus drivers and ten consecutive hours off duty for truck drivers, and the
(5) The motor carrier that employs the driver maintains and retains for driver enters:
a period of six months accurate and true time records showing: (A) The time the driver reports for duty each day;
(A) The time the driver reports for duty each day; (B) The previous day's time of going off duty; and
(B) The total number of hours the driver is on duty each day; (C) The data required by Section 1213(e).
(C) The time the driver is released from duty each day; and (f) Retail store deliveries. The provisions of Section 1212.5(a) shall
(D) The total time for the preceding seven days in accordance with not apply with respect to drivers of commercial motor vehicles engaged
Section 1213(k)(2) for drivers used for the first time or intermittently. solely in making local deliveries from retail stores and/or retail catalog
(6) The permanent record produced by a time-recording device such businesses to the ultimate consumer, when driving solely within a 100
as a "tachograph" (Figure 1) may be used as a driver's record for any tour air-mile radius of the driver's work-reporting location, during the period
of duty for an intrastate driver that does not exceed 15 consecutive hours from December 10 to December 25, both inclusive, of each year.
or the 100 air-mile radius, provided the intrastate bus driver does not ex-
Page 134 Register 2007, No. 41; 10-12-2007
Title 13
Department of the California Highway Patrol
§1212
•
Four-minute
stop-ov
MPH CHART
Distance Traveled
35.5 miles
Shows stylus
action on bad
road with sharp
curves
Scored edge
shows chart
/ was removed
' at 4:00 P.M.
Engine off
•
ANALYSIS OF CHART
DELIVERY ROUTE TRIP
Dis-
tance
TIME
PLACE
REMARKS
Over Several Illinois Highways
(Springfield to Springfield)
0
10:00
Springfield
Inserted chart
MORTON (108.5 Miles)
A.M.
0
10:10
Springfield
Left via Route
PEK.IN
U. S. 54
(121.0 MilesiC
. Xbloomington
1 ^\ (73 Miles)
12.7
10:35
Highway
Stopped to inspect
load (4 minutes)
11
27.5
11:02
Highway
Delayed 8 minutes
by highway
construction
|t .
33.0
11:22
Railroad
Safety Stop
Crossing
45.5
11:35
Clinton
5 minute stop to
make pick-up
y"^ CLINTON
jf (45.5 Miles'!
72.7
12:15
P.M.
Bloomington
Reduced speed in
city
73.0
12:20
Bloomington
Made delivery and
had lunch
73.0
12:45
Bloomington
Left via Route
U. S. 150
s?S
91.7
1:20
Highway
Blocked by train
(2 minutes)
(186 Miles) *
' SPRINGFIELD (0 MILES)
108.5
1:42
Morton
Made delivery
(10 minutes)
Slowed by traffic
121.0
2:15
Pekin
163.2
3:20
Highway
Stopped 3 minutes
for tire check
186
4:00
Springfield
Arrived home and
removed chart
Figure 1 . Tachograph Chart and Analysis
Page 134.1
Register 2007, No. 41; 10-12-2007
§1212
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(g) Sleeper berths.
(1) Property-carrying motor vehicles. A driver who is driving a truck
or truck tractor that is equipped with a sleeper berth, as defined in Section
1265,
(A) Must, before driving, accumulate;
(i) At least ten consecutive hours off duty;
(ii) At least ten consecutive hours of sleeper-berth time;
(iii) A combination of consecutive sleeper-berth and off-duty time
amounting to at least ten hours; or
(iv) The equivalent of at least ten consecutive hours off duty if the driv-
er does not comply with paragraph (g)(l)(A)(i), (ii), or (iii) of this sec-
tion;
(B) May not drive more than 12 hours following one of the ten-hour
off-duty periods specified in paragraph (g)(J)(A)(i) through (iv) of this
section; and
(C) May not drive after the 16th hour after coming on duty following
one of the ten-hour off-duty periods specified in paragraph (g)(l)(A)(i)
through (iv) of this section; and
(D) Must exclude from the calculation of the 1 6-hour limit any sleep-
er-berth period of at least eight but less than ten consecutive hours.
(2) Specific requirements. The following rules apply in determining
compliance with paragraph (g)(1) of this section:
(A) The term "equivalent of at least ten consecutive hours off duty"
means a period of:
(i) At least eight but less than ten consecutive hours in a sleeper berth,
and
(ii) A separate period of at least two but less than ten consecutive hours
either in the sleeper berth or off duty, or any combination thereof.
(B) Calculation of the 12-hour driving limit includes all driving time;
compliance must be recalculated from the end of the first of the two peri-
ods used to comply with paragraph (g)(2)(A) of this section.
(C) Calculation of the 1 6-hour limit includes all time except any sleep-
er-berth period of at least eight but less than ten consecutive hours; com-
pliance must be re-calculated from the end of the first of the two periods
used to comply with the requirements of paragraph (g)(2)(A) of this sec-
tion.
(3) Specially trained driver of a specially constructed oil well servicing
commercial motor vehicle at a natural gas or oil well location. A specially
trained driver who operates a commercial motor vehicle specially
constructed to service natural gas or oil wells that is equipped with a
sleeper berth, as defined in Section 1265, or who is off duty at a natural
gas or oil well location, may accumulate the equivalent of ten consecu-
tive hours off-duty time by taking a combination of at least ten consecu-
tive hours of off-duty time, sleeper-berth time, or time in other sleeping
accommodations at a natural gas or oil well location; or by taking two pe-
riods of rest in a sleeper berth, or other sleeping accommodation at a natu-
ral gas or oil well location, providing:
(A) Neither rest period is shorter than two hours;
(B) The driving time in the period immediately before and after each
rest period, when added together, does not exceed 12 hours;
(C) The driver does not drive after the 16th hour after coming on duty
following ten hours off duty, where the 16th hour is calculated:
(i) By excluding any sleeper berth or other sleeping accommodation
period of at least two hours which, when added to a subsequent sleeper
berth or other sleeping accommodation period, totals at least ten hours,
and
(ii) By including all on-duty time, all off-duty time not spent in the
sleeper berth or other sleeping accommodations, all such periods of less
than two hours, and any period not described in paragraph (g)(2)(A) of
this section; and
(D) The driver may not return to driving subject to the normal limits
under Section 1212.5 without taking at least ten consecutive hours off
duty, at least ten consecutive hours in the sleeper berth or other sleeping
accommodations, or a combination of at least ten consecutive hours off
duty, sleeper-berth time, or time in other sleeping accommodations.
(4) Passenger-carrying commercial motor vehicles. A bus driver who
is driving a bus that is equipped with a sleeper berth, as defined in Section
1265, may accumulate the equivalent of eight consecutive hours of off-
duty time by taking a combination of at least eight consecutive hours off-
duty and sleeper berth time; or by taking two periods of rest in the sleeper
berth, providing:
(A) Neither rest period is shorter than two hours;
(B) The driving time in the period immediately before and after each
rest period, when added together, does not exceed ten hours;
(C) The on-duty time in the period immediately before and after each
rest period, when added together, does not include any driving time after
the 15th hour; and
(D) The driver may not return to driving subject to the normal limits
under Section 1212.5 without taking at least eight consecutive hours off
duty, at least eight consecutive hours in the sleeper berth, or a combina-
tion of at least eight consecutive hours off duty and sleeper berth time.
(h) Travel time. When a driver at the direction of the motor carrier is
traveling, but not driving or assuming any other responsibility to the car-
rier, such time shall be counted as on-duty time unless the driver is af-
forded at least eight consecutive hours off duty for bus drivers and ten
consecutive hours off duty for truck drivers, when arriving at destination,
in which case the driver shall be considered off duty for the entire period.
(i) Utility service vehicles. An intrastate driver employed by an electri-
cal corporation, as defined in Section 21 8 of the Public Utilities Code, a
gas corporation, as defined in Section 222 of that code, a telephone cor-
poration, as defined in Section 234 of that code, a water corporation, as
defined in Section 241 of that code, or a public water district, as defined
in Section 20200 of the Water Code:
(1) May be permitted or required to drive more than the number of
hours specified in Section 1212.5 while operating a public utility or pub-
lic water district vehicle during the emergency restoration of service and
related operations.
(2) Upon termination of the emergency and release of a driver from
duty, the total on-duty hours accumulated by the driver during the most
recent eight consecutive days shall be considered reset to zero upon the
driver's completion of an off-duty period of 24 or more consecutive
hours.
(j) Fire fighters. For drivers of vehicles owned and operated by any for-
estry or fire department of any public agency or fire department orga-
nized as provided in the Health and Safety Code:
(1) Section 1212.5 does not apply while involved in emergency and
related operations.
(2) Upon termination of the emergency and release of a driver from
duty, the total on-duty hours accumulated by the driver during the most
recent eight consecutive days shall be considered reset to zero upon the
driver's completion of an off-duty period of 24 or more consecutive
hours.
(k) Farm products. (1) A driver when transporting farm products from
the field to the first point of processing or packing, shall not drive for any
period after having been on duty 16 hours or more following eight con-
secutive hours off duty and shall not drive for any period after having
been on duty for 1 12 hours in any consecutive eight-day period, except
that a driver transporting special situation farm products from the field
to the first point of processing or packing, or transporting livestock from
pasture to pasture, may be permitted, during one period of not more than
28 consecutive days or a combination of two periods totaling not more
than 28 days in a calendar year, to drive for not more than 1 2 hours during
any workday of not more than 16 hours. A driver who thereby exceeds
the driving time limits specified in Section 1212.5(b)(2) shall maintain
a driver's record of duty status, and shall keep a duplicate copy in his or
her possession when driving a vehicle subject to this chapter. These re-
cords shall be presented immediately upon request by an authorized em-
ployee of the department, or any police officer or deputy sheriff.
(2) Upon the request of the Director of Food and Agriculture, the com-
missioner may, for good cause, temporarily waive the maximum on-duty
•
Page 134.2
Register 2007, No. 41; 10-12-2007
Title 13
Department of the California Highway Patrol
§1213
time limits applicable to any eight-day period when an emergency exists
due to inclement weather, natural disaster, or an adverse economic condi-
tion that threatens to disrupt the orderly movement of farm products dur-
ing harvest for the duration of the emergency. For purposes of this para-
graph, an emergency does not include a strike or labor dispute.
(3) For purposes of this subdivision, the following terms have the fol-
lowing meanings:
(A) "Farm Products" means every agricultural, horticultural, viticul-
tural, or vegetable product of the soil, honey and beeswax, oilseeds, poul-
try, livestock, milk, or timber.
(B) "First point of processing or packing" means a location where farm
products are dried, canned, extracted, fermented, distilled, frozen,
ginned, eviscerated, pasteurized, packed, packaged, bottled, condi-
tioned, or otherwise manufactured, processed, or preserved for distribu-
tion in wholesale or resale markets.
(C) "Special situation farm products" means fruit, tomatoes, sugar
beets, grains, wine grapes, grape concentrate, cotton, or nuts.
(/) Law Enforcement. Sections 1212.5 and 1213 do not apply to intra-
state drivers employed by a law enforcement agency during an emergen-
cy or when restoring the public peace.
(m) Construction Materials and Equipment. In the instance of a driver
of a vehicle who is used primarily in the transportation of construction
materials and equipment, the total on-duty hours accumulated by the
driver during the most recent eight consecutive days shall be considered
reset to zero upon the driver's completion of an off-duty period of 24 or
more consecutive hours.
(1) Transportation of "construction materials and equipment" means
the transportation of constaiction and pavement materials, construction
equipment, and construction maintenance vehicles, by a driver to or from
an active construction site (a construction site between mobilization of
equipment and materials to the site to the final completion of the
construction project), within a 50-mile radius of the normal work report-
ing location of the driver.
(2) This paragraph does not apply to the transportation of materials
found by the Secretary of the United States Department of Transportation
to be hazardous under Title 49, United States Code, Section 5103, in an
amount requiring placarding under regulations issued in order to carry
out that section.
(n) Limited Applicability. The exceptions provided in subsections (i),
(j), and (k), are not available to the driver of a vehicle transporting hazard-
ous substances or hazardous waste, as those terms are defined in Section
171.8 of Title 49, Code of Federal Regulations, as those regulations exist
or are hereafter amended.
NOTE: Authority cited: Sections 31401, 34501, 34501.2, 34501 .5 and 34508, Ve-
hicle Code; and Section 39831, Education Code. Reference: Sections 545, 31401,
34501, 34501 .2, 34501.5 and 34508, Vehicle Code; and Section 39831, Education
Code.
History
1. Change without regulatory effect repealing section and adopting new section
filed 2-4-93 pursuant to section 100, title 1, California Code of Regulations
(Register 93, No. 6). For prior history, see Register 92, No. 49.
2. Editorial correction of printing error in section heading (Register 93, No. 12).
3. Editorial correction restoring inadvertently omitted article heading (Register 93,
No. 16).
4. Change without regulatory effect amending subsection (i) filed 5-28-93 pur-
suant to title 1, section 100, California Code of Regulations (Register 93, No.
22).
5. Change without regulatory effect amending subsection (a) and adopting new
subsection (/) filed 9-28-93 pursuant to title 1, section 100, California Code of
Regulations (Register 93, No. 40).
6. Change without regulatory effect amending subsection (i) and adding new Note
filed 1 1-29-95 pursuant to section 100, title 1, California Code of Regulations
(Register 95, No. 48).
7. Amendment filed 10-4-99; operative 10^4—99 pursuant to Government Code
section 1 1343.4(d) (Register 99, No. 41).
8. Amendment filed 10-12-2007; operative 1 1-1 1-2007 (Register 2007, No. 41).
§ 1212.5. Maximum Driving and On-Duty Time.
(a) Maximum driving time. Except as provided in Sections
1212(b)(1), 1212(f), 1212(i), 12120'), 1212(k), and 1212(/), no motor
carrier shall permit or require any driver used by it to drive nor shall any
such driver drive:
(1) Intrastate bus drivers and drivers of tank vehicles with a capacity
of more than 500 gallons transporting flammable liquid:
(A) More than ten hours following eight consecutive hours off duty for
bus drivers and ten consecutive hours off duty for truck drivers; or
(B) For any period after having been on duty 15 hours following eight
consecutive hours off duty for bus drivers and after the end of the 16th
hour after coming on duty following ten consecutive hours off duty for
truck drivers.
(2) Intrastate Truck Drivers:
(A) More than 12 cumulative hours following ten consecutive hours
off duty; or
(B) For any period after the end of the 1 6th hour after coming on duty
following ten consecutive hours off duty.
(3) School Bus, School Pupil Activity Bus, Youth Bus and Farm Labor
Vehicle Drivers:
(A) More than ten hours within a work period; or
(B) After the end of the 1 6th hour after coming on duty following eight
consecutive hours off duty.
(4) No motor carrier shall permit or require a driver, regardless of the
number of motor carriers using the driver's services, to drive nor shall
any driver drive, except as provided in Section 121 2(k), for any period
after having been on duty for 80 hours in any consecutive eight days.
(5) For truck drivers listed in subsections (1) and (2), any period of
eight consecutive days may end with the beginning of any off-duty peri-
od of 34 or more consecutive hours.
(b) Interstate driver. Motor carriers and drivers engaged in interstate
commerce and the driver of a vehicle transporting hazardous substances
or hazardous waste, as those terms are defined in Section 171.8 of Title
49, Code of Federal Regulations, shall comply with the federal driver
hours-of-service regulations contained in Title 49, Code of Federal Reg-
ulations, Part 395, as those regulations now exist or are hereafter
amended.
(c) Referenced regulations. Copies of Title 49, Code of Federal Regu-
lations, can be obtained from:
SUPERINTENDENT OF DOCUMENTS
UNITED STATES GOVERNMENT PRINTING OFFICE
PO BOX 371954
PITTSBURG, PA 15250-7954
(202) 512-1800
Internet purchases: http://www.access.gpo.gov/su_docs/sale.html
NOTE: Authority cited: Sections 31401, 34501, 34501.5, and 34508, Vehicle
Code; and Section 39831, Education Code. Reference: Sections 545, 31401,
34003, 34501, 34501.2, 34501.5 and 34508, Vehicle Code; and Section 39831,
Education Code.
History
1. Change without regulatory effect adding new section filed 2-4-93 pursuant to
section 100, title 1, California Code of Regulations (Register 93, No. 6).
2. Editorial correction of printing errors in subsection (a)(1) filed 3-10-93 (Regis-
ter 93, No. 9).
3. Editorial correction of printing error in (a)(3)(B) (Register 93, No. 12).
4. New subsection (c) and amendment of Note filed 10-27-93; operative
1 1-26-93 (Register 93, No. 44).
5. Amendment of subsection (b) filed 9-6-95; operative 10-6-95 (Register 95,
No. 36).
6. Amendment filed 10-4-99; operative 10-4-99 pursuant to Government Code
section 11343.4(d) (Register 99, No. 41).
7. Amendment of subsections (a), (b) and (b)(2) and repealer of subsection (c) filed
1-18-2000; operative 2-17-2000 (Register 2000, No. 3).
8. Amendment filed 10-12-2007; operative 11-11-2007 (Register 2007, No. 41).
§ 1 21 3. Driver's Record of Duty Status.
(a) Carrier responsibility. Except as provided in subsection (b), every
motor carrier shall require every driver used by the motor carrier to re-
cord his/her duty status for each 24-hour period using the methods pre-
scribed in either paragraphs (a)(1) or (2) of this section.
(1) Every driver shall record his/her duty status, in duplicate, for each
24-hour period. The duty status time shall be recorded on a specified
grid, as shown in paragraph (h) of this section. The grid and the require-
ments of paragraph (e) of this section may be combined with any compa-
Page 134.3
Register 2007, No. 41; 10-12-2007
§ 1213
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
ny forms. The previously approved format of the Daily Log, Form
MCS-59 or the Multiday Log, MCS-139 and 139A, which meets the re-
quirements of this section, may continue to be used.
(2) Every driver shall record his/her duty status by using an automatic
on-board recording device that meets the requirements of Section
1213.2. The requirements of Section 1213 shall not apply, except para-
graphs (f) and (/).
(3) The record shall be presented for inspection immediately upon re-
quest by any authorized employee of the department, or any regularly
employed and salaried police officer or deputy sheriff.
(4) Interstate drivers, subject to and in compliance with the record re-
quirements of Sections 395.8 or 395. 1 5, 49 CFR, shall be deemed in com-
pliance with this section.
(b) Exceptions. A driver's record of duty status is not required for driv-
ers of the following vehicles, provided documentation of their total days
worked and time of reporting on and off duty each day, is maintained by
the motor carrier for six months:
(1 ) Vehicles owned and operated by any forestry or fire department of
any public agency or fire department organized as provided in the Health
and Safety Code.
(2) Vehicles, owned and operated by local law enforcement agencies,
which are engaged in the transportation of inmates or prisoners within the
county where the agency is located.
(c) Duty status. The duty status shall be recorded as follows:
(1) "Off duty" or "OFF."
(2) "Sleeper berth" or "SB" (only if a sleeper berth used).
(3) "Driving" or "D."
(4) "On-duty not driving" or "ON."
(d) Location of change of duty status. For each change of duty status
(e.g., the place of reporting for work, starting to drive, on-duty not driv-
ing and where released from work), the name of the city, town, or village,
with State abbreviation, shall be recorded.
NOTE: If a change of duty status occurs at a location other than a city, town, or
village, show one of the following: (1 ) The highway number and nearest milepost
followed by the name of the nearest city, town, or village and State abbreviation,
(2) the highway number and the name of the service plaza followed by the name
of the nearest city, town, or village and State abbreviation, or (3) the highway num-
bers of the nearest two intersecting roadways followed by the name of the nearest
city, town, or village and State abbreviation.
(e) Required information. The following information must be in-
cluded on the form in addition to the grid:
(1) Date;
(2) Total miles driving today;
(3) Bus, truck or tractor, and trailer number;
(4) Name of carrier;
(5) Driver's signature/certification;
(6) 24-hour period starting time (e.g., midnight, 9:00 a.m., noon, 3:00
p.m.);
(7) Main office address;
(8) Remarks;
(9) Name of co-driver;
(10) Total hours (far right edge of grid);
(1 1) Shipping document number(s), or name of shipper and commod-
ity;
(f) Incomplete or false records. No motor carrier shall allow or require,
and no driver shall prepare or submit, a record of duty status which is not
true and accurate. Failure to complete the record of duty activities of this
section or Section 1213.2, failure to preserve a record of such duty activi-
ties, or making of false reports in connection with such duty activities
shall make the driver and/or the carrier liable to prosecution.
(g) Driver responsibility. The driver's activities shall be recorded in
accordance with the following provisions:
(1 ) Entries to be current. Drivers shall keep their record of duty status
current to the time shown for the last change of duty status.
(2) Entries made by driver only. All entries relating to driver's duty
status must be legible and in the driver's own handwriting.
(3) Date. The month, day and year for the beginning of each 24-hour
period shall be shown on the form containing the driver's duty status re-
cord.
(4) Total mileage driven. Total mileage driven during the 24-hour pe-
riod shall be recorded on the form containing the driver's duty status re-
cord.
(5) Vehicle identification. The carrier's vehicle number or State and
license number of each bus, truck, truck tractor and trailer operated dur-
ing that 24-hour period shall be shown on the form containing the driv-
er's duty status record.
(6) Name of carrier. The name(s) of the motor carrier(s) for which
work is performed shall be shown on the form containing the driver's
duty status record. When work is performed for more than one motor car-
rier during the same 24-hour period, the beginning and finishing time,
shown a.m. or p.m., worked for each carrier shall be shown after each car-
rier's name. Drivers of leased vehicles shall show the name of the motor
carrier performing the transportation.
(7) Signature/certification. The driver shall certify to the correctness
of all entries by signing the form containing the driver's duty status re-
cord with his/her legal name or name of record. The driver's signature
certifies that all entries required by this section made by the driver are true
and correct.
(8) Time base to be used. (A) The driver's duty status record shall be
prepared, maintained, and submitted using the time standard in effect at
the driver's home terminal, for a 24- hour period beginning with the time
specified by the motor carrier for that driver's home terminal.
(B) The term "seven or eight consecutive days" means the seven or
eight consecutive 24-hour periods as designated by the carrier for the
driver's home terminal.
(C) The 24-hour period starting time must be identified on the driver' s
duty status record. One-hour increments must appear on the graph, be
identified, and preprinted. The words "Midnight" and "Noon" must ap-
pear above or beside the appropriate one-hour increment.
(9) Main office address. The motor carrier's main office address shall
be shown on the form containing the driver's duty status record.
(10) Recording days off duty. Two or more consecutive 24- hour peri-
ods off duty may be recorded on one duty status record.
(1 1) Total hours. The total hours in each duty status: off duty other than
in a sleeper berth; off duty in a sleeper berth; driving, and on duty not
driving, shall be entered to the right of the grid. The total of such entries
shall equal 24 hours.
(12) Shipping document number(s), or name of shipper and commod-
ity shall be shown on the driver's record of duty status.
(h) Graph grid. The following graph grid (Figure 2) must be incorpo-
rated into a motor carrier recordkeeping system which must also contain
the information required in paragraph (e) of this section.
Page 134.4
Register 2007, No. 41; 10-12-2007
Title 13
Department of the California Highway Patrol
§1213
Graph Grid • Horizontally
off duty ||||l1ltlllll,lllllll1lll1ll||P|tlll,lM1lr|M'ill,I,llIli,|ll,|t!,t,n,lltli J'f 'i1'1!1!1!1!1
MlweR ^TnTffTTTnrinrTTriTnrnrnTTniff iiiumm iliii m
DRIVING
ON DUTY
ill
ill
111
No! Onvrngj Itll <lltj|l^ll|lll)llllillllllllllH^|lllllllftll^l| (||
M1
W
an
li
V
ill
w
ill
w
ill
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fJfTJT
luiljlli il Oi
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REMARKS
Graph Grid - Vertically
REMARKS
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1:5 p 3 S
E" S1 3 3
ir ET33
irir 33
Figure 2. Graph Grid (Horizontally and Vertically)
Page 134.5
Register 2007, No. 41; 10-12-2007
§1213
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(i) Graph grid preparation. The graph grid may be used horizontally
or vertically and shall be completed as follows:
( J ) Off duty. Except for time spent resting in a sleeper berth, a continu-
ous line shall be drawn between the appropriate time markers to record
the period(s) of time when the driver is not on duty, is not required to be
in readiness to work, or is not under any responsibility for performing
work.
(2) Sleeper berth. A continuous line shall be drawn between the appro-
priate time markers to record the period(s) of time off duty resting in a
sleeper berth, as defined in Section 1201. (If a non-sleeper berth opera-
tion, sleeper berth need not be shown on the grid.)
(3) Driving. A continuous line shall be drawn between the appropriate
time markers to record the period(s) of time on duly driving a motor ve-
hicle, as "drive or operate" is defined in Section 1201.
(4) On duty not driving. A continuous line shall be drawn between the
appropriate time markers to record the period(s) of time on duty not driv-
ing as specified in Section 1201 (q).
(5) Location-remarks. The name of the city, town, or village, with
State abbreviations where each change of duty status occurs shall be re-
corded.
NOTE: If a change of duty status occurs at a location other than a city, town, or
village, show one of the following: (1) The highway number and nearest milepost
followed by the name of the nearest city, town, or village and State abbreviation,
(2) the highway number and the name of the service plaza followed by the name
of the nearest city, town, or village and State abbreviation, or (3) the highway num-
bers of the nearest two intersecting roadways followed by the name of the nearest
city, town, or village and State abbreviation.
(j) Filing driver's record of duty status. Each day, the driver shall sub-
mit or forward the original driver's record of duty status to the regular
employing motor carrier following the completion of the form. Drivers
who do not return to the home terminal each day may submit their origi-
nal records of duty status upon their first return to the home terminal, pro-
vided the interval does not exceed 13 days.
(k) Drivers used by more than one motor carrier. (1 ) When the services
of a driver are used by more than one motor carrier during any 24-hour
period in effect at the driver's home terminal, the driver shall submit a
copy of the record of duty status to each motor carrier. The record shall
include:
(A) All duty time for the entire 24-hour period;
(B) The name of each motor carrier served by the driver during that
period; and
(C) The beginning and finishing time, including a.m. or p.m., worked
for each carrier.
(2) Motor carriers, when using a driver for the first time or intermittent-
ly, shall obtain from the driver a signed statement giving the tolal time
on duty during the immediately preceding seven days and the time at
which the driver was last relieved from duty prior to beginning work for
the motor carriers.
(/) Retention of driver's record of duty status. The driver shall retain
the duplicate copy of each record of duty status for the current day and
the previous seven consecutive days which shall be in his/her possession
and available for inspection while on duty. The records shall be presented
for inspection immediately upon request by any authorized employee of
the department, or any regularly employed and salaried police officer or
deputy sheriff.
NOTE: Driver's Record of Duty Status. The graph grid, when incorporated as part
of any form used by a motor carrier, must be of sufficient size to be legible.
The following executed specimen grid (Figure 3) illustrates how a
driver's duty status should be recorded for a trip from Richmond, Virgin-
ia, to Newark, New Jersey. The grid reflects the midnight to midnight 24
hour period. The driver in this instance reported for duty at the motor car-
rier's terminal. The driver reported for work at 6 a.m., helped load,
checked with dispatch, made a pretrip inspection, and performed other
duties until 7:30 a.m. when the driver began driving. At 9 a.m. the driver
had a minor accident in Fredericksburg, Virginia, and spent one half hour
handling details with the local police. The driver arrived at the compa-
ny's Baltimore, Maryland, terminal at noon and went to lunch while mi-
nor repairs were made to the tractor. At 1 p.m. the driver resumed the trip
and made a delivery in Philadelphia, Pennsylvania, between 3 p.m. and
3:30 p.m. at which time the driver started driving again. Upon arrival at
Cherry Hill, New Jersey, at 4 p.m., the driver entered the sleeper berth for
a rest break until 5:45 p.m. at which time the driver resumed driving
again. At 7 p.m. the driver arrived at the company's terminal in Newark,
New Jersey. Between 7 p.m. and 8 p.m. the driver prepared the required
paperwork including completing the driver's record of duty status, ve-
hicle condition report, insurance report for the Fredericksburg, Virginia
accident, checked for the next day's dispatch, etc. At 8 p.m., the driver
went off duty.
•
TOTAL
10 11 HOURS
Figure 3. Driver's Record
NOTE: Authority cited: Sections 31401 , 34501 , 34501.2, 34501 .5, and 34508, Ve-
hicle Code; and Section 3983 1 , Education Code. Reference: Sections 545, 31401,
34501, 34501 .2, 34501 .5 and 34508, Vehicle Code; and Section 39831 , Education
Code.
History
1. Change without regulatory effect repealing section and adopting new section
filed 2-4—93 pursuant to section 100, title 1, California Code of Regulations
(Register 93, No. 6).
Page 134.6
Register 2007, No. 41; 10-12-2007
Title 13
Department of the California Highway Patrol
§ 1213.2
2. Editorial correction of printing error (Register 93, No. 12).
3. Change without regulatory effect amending subsection (a)(3) and figure 2 filed
8-7-95 pursuant to section 100, title 1 , California Code of Regulations (Regis-
ter 95, No. 32).
4. Repealer of subsection (g)(l 1), subsection renumbering and amendment of
Note filed 9-6-95; operative 10-6-95 (Register 95, No. 36).
5. Amendment filed 10-4-99; operative 10^1-99 pursuant to Government Code
section 11343.4(d) (Register 99, No. 41).
6. New subsection (a)(4) and amendment of subsections (f), (j) and (/) filed
10-12-2007; operative 1 1-1 1-2007 (Register 2007, No. 41).
§1213.1. Placing Drivers Out-of-Service.
(a) Driver out-of-service. Members of the department may place a
driver out of service, and shall note in the driver's record of duty status
that an out-of-service order was given, at the time and place of examina-
tion upon finding that the driver:
( 1 ) Has driven or been on duty longer than the periods specified in Sec-
tion 1 212.5, or
(2) Has failed to maintain a driver's record as required by Section 121 3
and is unable to establish eligibility to drive pursuant to Section 1212.5.
(b) Eligibility to resume driving. A driver placed out of service pur-
suant to subdivision (a) shall not operate a motor vehicle until he or she
can establish eligibility to drive pursuant to Section 1212.5.
(c) Alcohol zero tolerance. No person may operate a commercial mo-
tor vehicle, as defined in Vehicle Code Section 15210, when that per-
son's blood alcohol content is found to be 0.01%, by weight, or greater.
(d) Possession of alcoholic beverages. No person shall be on-duty or
operate a commercial motor vehicle while the driver possesses wine of
not less than one-half of one per centum of alcohol by volume, beer as
defined in 26 United States Code 5052(a), of the Internal Revenue Code
of 1 954, or distilled spirits as defined in 5002(a)(8) of such code. Howev-
er, this does not apply to possession of wine, beer, or distilled spirits
which are manifested and transported as part of a shipment; or possessed
or used by bus passengers.
(1) This does not prohibit an owner-operator using his/her own ve-
hicle in an off-duty status, or a driver using a company truck or tractor
in an off-duty status from carrying any bottle, can. or other receptacle
containing any alcoholic beverage unless that container has been opened,
or a seal broken, or the contents of which have been partially removed,
in a commercial motor vehicle, as defined in Section 15210 of the Ve-
hicle Code, when transported to locations such as a motel, restaurant, or
residence.
(e) Alcohol-related out-of-service. Members of this Department
shall place a driver out of service, and note in the driver's record of duty
status that such an order was given, at the time and place that the driver
was found to be in violation of Section 1213.1(c) or (d).
(f) Minimum out-of-service period. A driver placed out of service
pursuant to subdivision (c) or (d) shall not operate a commercial motor
vehicle for a period of 24 hours.
NOTE: Authority cited: Sections 15210, 31401, 34501 and 34501.15, Vehicle
Code. Reference: Sections 15210, 31401, 34501, 34501.15 and 34520, Vehicle
Code.
History
1 . New section filed 9-30-80; designated effective 1 1-1 -80 (Register 80, No. 40).
2. Amendment of subsection (a)(2) filed 8-3 1-83; effective thirtieth day thereafter
(Register 83, No. 36).
3. Change without regulatory effect amending subsections (a) and (b) and Note
and adopting subsections (c)-(f) filed 8-13-91 pursuant to section 100, title 1,
California Code of Regulations (Register 92, No. 4).
4. Change without regulatory effect amending subsections (a)(2) and (b) filed
5-1 1-95 pursuant to section 100, title 1, California Code of Regulations (Regis-
ter 95, No. 19).
5. Change without regulatory effect amending subsection (e) filed 8-7-95 pur-
suant to section 100, title 1, California Code of Regulations (Register 95, No.
32).
6. Amendment filed 10-4-99; operative 10-4-99 pursuant to Government Code
section 1 1343.4(d) (Register 99, No. 41).
7. New subsections (d) and (d)(1), subsection relettering, amendment of newly
designated subsections (e) and (f) and amendment of Note filed 7-10-2002;
operative 8-9-2002 (Register 2002, No. 28).
§ 1213.2. Automatic On-Board Recording Device.
(a) Automatic On-Board Recording Device. For the purposes of this
section, an automatic on-board recording device is an electric, electron-
ic, electromechanical, or mechanical device capable of recording driv-
er's duty status information accurately and automatically.
(b) Minimum Information Requirements. The device must be installed
to record specific operations of the vehicle in which it is installed. As a
minimum, the device must record engine use, road speed, miles driven,
the date, and time of day.
(c) Display Requirements. Automatic on-board recording devices
shall produce, upon demand, an electronic display or printout of a driv-
er's hours of service showing the time, sequence, and location of duty sta-
tus changes including the driver's starting time at the beginning of each
day.
(d) Handwritten Records. Upon the request of any authorized em-
ployee of the department, or any regularly employed and salaried police
officer or deputy sheriff, drivers using an automatic on-board recording
device shall produce a handwritten driver's record of duty status based
upon the information stored in the device, relating to the current day and
the preceding seven days.
(e) Support Systems. Support systems used in conjunction with on-
board recorders at the driver's terminal or the motor carrier's principal
place of business must be capable of providing authorized employees of
the department, or any regularly employed and salaried police officer or
deputy sheriff, with an individual driver's hours of service records. The
support systems must also provide information concerning on-board
system failures and identification of edited data.
(f) Previous Seven Days. Each driver shall have in his/her possession
records of duty status for the previous seven consecutive days. These re-
cords shall consist of information stored in and retrievable from the auto-
matic on-board recording device, handwritten records, computer gener-
ated records, or any combination thereof.
(g) Driver's Certification. All hard (paper) copies of the driver's re-
cord of duty status shall be signed by the driver. The driver's signature
certifies that the information contained thereon is true and correct.
(h) Duty Status. The duty status and additional information required
in section 1213(c) shall be recorded using the wording required by sec-
tion 1213(c), an abbreviated form of the word, or an identifiable code or
character.
(i) Required Documents. Each driver shall have in his/her possession
and. make available upon request of any authorized employee of the de-
partment, or any regularly employed and salaried police officer or deputy
sheriff, instructions describing the data that may be retrieved, a list of
function codes, geographic location codes, and blank driver's record of
duty status graph-grids.
(j) Inoperative Device. When the automatic on-board recording de-
vice is inoperative or the driver is unable to retrieve the required informa-
tion from the device, each driver shall reconstruct the records of duty sta-
tus for the current and the prior seven days and continue to prepare a
handwritten record of duty status until the automatic on-board recording
device is fully operational.
(k) Multiple Drivers. When more than one driver is using the automat-
ic on-board recording device, the device must be capable of recording
separately each driver's duty status and shall record the sequential
changes in duty status and times when the changes occurred for each
driver.
(/) Display Capabilities. Automatic on-board recording devices with
electronic displays shall have the capability of displaying the following:
(1) Driver's total hours of driving.
(2) Total hours on duty today.
(3) Total miles driven today.
(4) The sequential changes in duty status, and the times and locations
where changes occurred for each driver.
(m) Malfunction Warning. The automatic on-board recording device
shall be capable of warning the driver visually or audibly that the device
has ceased to function. Automatic on-board recording devices installed
and operational as of October 31, 1988, and authorized by a Departmen-
tal exemption or Federal Highway Administration (FHW A) waiver to be
used in lieu of a handwritten record of duty status are exempt from this
requirement.
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(n) Data Reproduction. When data is reproduced in printed form, the
automatic on-board recording device/system shall identify sensor failure
and edited data. Automatic on-board recording devices installed and op-
erational as of October 31, 1988, and authorized by a Departmental ex-
emption or FHWA waiver to be used in lieu of the handwritten record of
duty status are exempt from this requirement.
(0) Update. The automatic on-board recording device shall permit
duty status to be updated only when the vehicle is at rest.
(p) Performance Certification. Carriers shall obtain a certificate from
the manufacturer certifying the design of the automatic on-board record-
er has been sufficiently tested under the condition in which it will be used
to meet the requirements of this section.
(q) Tamper-proof. The automatic on-board recording device and as-
sociated support systems must be tamper-proof and not permit altering
of the information collected concerning the driver's hours of service.
(r) Device Maintenance. Carriers shall ensure that the automatic on-
board recording device and associated support system are properly main-
tained and recalibrated in accordance with the manufacturer's specifica-
tions.
(s) Training. Carriers shall ensure that drivers are trained regarding the
proper operation of the device.
NOTE: Authority cited: Sections 31401 and 34501, Vehicle Code. Reference: Sec-
tions 31401 and 34501 Vehicle Code.
History
1. New section filed 5-14-90; operative 6-13-90 (Register 90, No. 23).
2. Change without regulatory effect amending subsection (m) filed 10-7-93 pur-
suant to title 1, section 100, California Code of Regulations (Register 93, No.
41).
3. Change without regulatory effect amending subsections (h), (q) and (r) filed
5-1 1-95 pursuant to section 1 00, title 1 , California Code of Regulations (Regis-
ter 95, No. 19).
4. Change without regulatory effect amending subsection (/) filed 8-7-95 pur-
suant to section 100, title 1, California Code of Regulations (Register 95, No.
32).
5. Amendment filed 10-24-2001; operative 1 1-23-2001 (Register 2001, No. 43).
§1214. Driver Fatigue.
No driver shall operate a motor vehicle, and a motor carrier shall not
require or permit a driver to operate a motor vehicle, while the driver's
ability or alertness is so impaired, or so likely to become impaired,
through fatigue, illness, or any other cause, as to make it unsafe for him/
her to begin or continue to operate the motor vehicle. However, in a case
of grave emergency where the hazard to occupants of the motor vehicle
or other users of the highway would be increased by compliance with this
section, the driver may continue to operate the motor vehicle to the near-
est place at which that hazard is removed.
NOTE: Authority cited: Sections 31401, 34500.1, 34501, 34501.5 and 34508, Ve-
hicle Code; and Section 39831, Education Code. Reference: Sections 545, 31401,
34501, 34501.5 and 34508, Vehicle Code; and Section 39831, Education Code.
History
1 . Amendment of section heading, repealer and new section and new Note filed
10-30-2003; operative 11-29-2003 (Register 2003, No. 44).
§ 1 21 5. Vehicle Condition.
(a) General. It shall be unlawful for the driver to drive a vehicle that
is not in safe operating condition oris not equipped as required by all pro-
visions of law and this chapter.
(b) Daily Inspection. Pursuant to Sections 1202.1 and 1202.2, all driv-
ers shall perform vehicle inspections and submit written reports in accor-
dance with the requirements of Title 49, Code of Federal Regulations,
Sections 396.1 1 and 396.13, as follows:
(1) Before driving a motor vehicle, the driver shall:
(A) Inspect each vehicle daily to ascertain that it is in safe operating
condition and equipped as required by all provisions of law, and all
equipment is in good working order;
(B) Review the last vehicle inspection report;
(C) Sign the report, only if defects or deficiencies were noted by the
driver who prepared the report, to acknowledge that the driver has re-
viewed it and that there is a certification pursuant to subsection (f) that
the required repairs have been performed. The signature requirement
does not apply to listed defects on a towed unit which is no longer part
of the vehicle combination.
(2) Subsections (B) and (C) do not apply to school bus drivers or pub-
licly owned and operated transit system drivers.
(c) Daily Report. Every motor carrier shall require its drivers to report,
and every driver shall prepare a report in writing at the completion of each
day's work on each vehicle operated. School bus drivers' reports shall
cover at least the items listed in subdivision (d), and all other drivers' re-
ports shall cover at least the following parts and accessories:
(1) Service brakes including trailer brake connections
(2) Parking (hand) brake
(3) Steering mechanism
(4) Lighting devices and reflectors
(5) Tires
(6) Horn
(7) Windshield wipers
(8) Rear vision mirrors
(9) Coupling devices
(10) Wheels and rims
(11) Emergency equipment
(d) School bus drivers. For school bus drivers, the inspection shall in-
clude, but is not limited to:
(1) All gauges, indicators, and warning devices
(2) Horns
(3) Driver's seat and seat belts
(4) All doors, door emergency releases, and windows
(5) All seats, handrails, and modesty panels
(6) Interior and exterior lighting systems
(7) All heating, cooling, and ventilating systems
(8) AH glass and mirrors, including adjustment of mirrors
(9) Windshield wipers and washers
(10) All required emergency equipment
(11) All tires, wheels, and lugnuts
(12) Brake system
(A) Air compressor governor cut in and cut out pressures
(B) Static pressure for air loss
(C) Applied brake pressure loss
(D) Low air pressure warning devices
(E) Emergency stopping systems (draining reservoirs in dual air sys-
tems is not required)
(F) Parking brake
(G) Antiskid device (if equipped)
(H) Vacuum gauge, ensuring it reads not less than 15 inches
(I) Low vacuum warning devices
(J) Brake pedal for brake adjustment
(e) Report Content. The report shall identify the motor vehicle and all
towed vehicles and list any defect or deficiency discovered by or reported
to the driver which would affect safety of operation of the motor vehicle
or combination or result in its mechanical breakdown. If no defect or defi-
ciency is discovered by or reported to the driver, the report(s) shall so in-
dicate. In all instances, the driver shall sign the vehicle inspection report.
On two-driver operations, only one driver needs to sign the report, pro-
vided both drivers agree as to the defects or deficiencies. If a driver oper-
ates more than one vehicle during the day, a report shall be prepared for
each vehicle operated.
(f) Corrective Action. Prior to operating a motor vehicle, motor carri-
ers or their authorized agent(s) shall effect repair of any item listed on the
motor vehicle inspection report(s) that would be likely to affect the safety
of operation of the motor vehicle or any towed vehicles.
(1) Motor carriers or their authorized agents shall certify on the re-
ports) which lists any defects or deficiencies, that the defects or deficien-
cies have been corrected or that correction is unnecessary before the ve-
hicle is again dispatched.
(2) Subsection (1) does not apply to school bus or publicly owned and
operated transit system motor carriers.
(g) Repairs. Unless the driver of a school bus or SPAB is the mechanic
charged with the care and maintenance of the bus, the driver shall not
make any repairs of the bus or its equipment except necessary emergency
repairs on the road.
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§1217
•
(h) Exception. Subsection (c) shall not apply to a motor carrier operat-
ing only one motor vehicle, provided the motor vehicle is a motor truck
or truck tractor, and the motor carrier is the owner and sole driver of the
motor vehicle. A motor carrier, otherwise excepted from the reporting re-
quirement by this subdivision, who tows trailer(s) not owned by or leased
to that motor carrier, shall submit documented daily report(s) for the trail-
ers as required by subsection (b). Such reports shall be submitted to the
person(s) from whom the trailers were obtained.
(i) Private motor carriers of passengers. The exemption provided to
private motor carriers of passengers in 49 CFR Section 396.11(d), shall
not apply to intrastate private motor carriers of passengers operating any
bus, as defined in Vehicle Code Section 233.
NOTE: Authority cited: Sections 3 1401 , 34501 and 34501 .5, Vehicle Code. Refer-
ence: Sections 31401, 34501 and 34501.5, Vehicle Code.
History
1. Amendment of subsection (a) filed 4-2-81; effective thirtieth day thereafter
(Register 81, No. 14).
2. Amendment of subsections (a)(12)(E) and (b) filed 5-17-84; effective thirtieth
day thereafter (Register 84, No. 20).
3. Amendment of subsection (a) filed 8-16-88; operative 9-15-88 (Register 88,
No. 34).
4. New subsection (d) filed 1-9-95; operative 2-8-95 (Register 95, No. 2).
5. Change without regulatory effect amending first paragraph filed 8-7-95 pur-
suant to section 100, title 1, California Code of Regulations (Register 95, No.
32).
6. Amendment filed 12-1 1-97; operative 1-10-98 (Register 97, No. 50).
7. Editorial correction of subsection (c) (Register 98, No. 4).
8. Amendment of subsections (b)(1)(B) and (d), repealer of subsection (f)(2), sub-
section renumbering, and amendment of newly designated subsection (f)(2) and
subsections (h) and (i) filed 7-26-99; operative 8-25-99 (Register 99, No. 31).
§1216. Transportation of Property.
The following requirements govern the transportation of hazardous
materials and other property on buses and farm labor vehicles:
(a) Hazardous Materials. Motor carriers and drivers shall not trans-
port, or knowingly permit passengers to carry, any hazardous material as
defined in Vehicle Code Section 353. These restrictions shall not apply
to:
(1) Oxygen medically prescribed for, and in the possession of, a pas-
senger and in a container designed for personal use.
(2) Personal-use articles in the immediate possession of a driver or
passenger.
(3) Hazardous materials transported in a bus (except a school bus,
SPAB, or youth bus) subject to federal jurisdiction and in compliance
with the applicable provisions of 49 CFR Part 177.
(b) Fuel. Fuel shall not be transported except in the vehicle's regular
fuel tanks.
(c) General Property. Drivers and motor carriers shall not permit any
greater quantity of freight, express, or baggage in vehicles than can be
safely and conveniently carried without causing discomfort or unreason-
able annoyance to passengers. In no event shall aisles, doors, steps, or
emergency exits be blocked.
(d) Animals. A driver or motor carrier may refuse to transport dogs or
other animals except as provided in Civil Code Section 54.2. When trans-
ported upon a bus engaged in public passenger transportation, all other
animals shall be muzzled or securely crated to eliminate the possibility
of injury to passengers. No animals except those specified in Civil Code
Section 54.2 shall be transported in a school bus, SPAB, or youth bus. In
such cases, the driver may determine whether the animal should be
muzzled.
(e) Tools in Farm Labor Vehicles. All cutting tools or tools with sharp
edges carried in the passenger compartment of a farm labor vehicle shall
be placed in covered containers. All other tools, equipment, or materials
carried in the passenger compartment shall be secured to the body of the
vehicle.
(f) Wheelchairs. Wheelchairs transported on buses, except school
buses, shall meet the following requirements:
(1) Brakes. The wheelchair shall have brakes or other effective me-
chanical means of holding it stationary during raising and lowering of a
wheelchair platform.
(2) Batteries. Batteries used to propel wheelchairs shall be spill resis-
tant or in a spill resistant container and shall be securely attached to the
wheelchair.
(3) Flammable Fuel. The wheelchair shall not use flammable fuel.
NOTE: Authority cited: Sections 31401, 34501, 34501.5 and 34508, Vehicle
Code. Reference: Sections 336, 353, 31401, 34501 and 34501.5, Vehicle Code;
and Section 39831, Education Code.
History
1 . New subsection (f) filed 7-1 3-79; effective thirtieth day thereafter (Reeister 79,
No. 28).
2. Amendment of subsection (d) filed 12-28-81; effective thirtieth day thereafter
(Register 82, No. 1).
3. Amendment filed 6-9-82; effective thirtieth day thereafter (Register 82, No.
24).
4. Amendment of subsection (d) filed 10-28-82; effective thirtieth day thereafter
(Register 82, No. 44).
5. Amendment of subsections (a)(l)-(3) and amendment of NOTE filed
1-24-2000; operative 2-23-2000 (Register 2000, No. 4).
§ 1217. Transportation of Passengers.
No driver shall drive a vehicle transporting passengers in violation of
the following provisions:
(a) Seating Capacity. Except as provided in subsection (e), the number
of passengers (excluding infants in arms) shall not exceed the number of
safe and adequate seating spaces, or for school buses, school pupil activ-
ity buses, youth buses, and farm labor vehicles, the number of passengers
specified by the seating capacity rating set forth in the departmental Ve-
hicle Inspection Approval Certificate.
(b) Weight. No more passengers shall be transported than the number
whose weight, in addition to the weight of any property transported, can
be carried without exceeding the manufacturer's maximum gross vehicle
weight rating or the combined maximum rating of the tires supporting
each axle.
(c) Step Wells. Passengers shall not be permitted in the front step well
of any bus while the vehicle is in motion.
(d) Seat Beside Driver. No more than two pupils shall be allowed to
occupy the seating space beside the driver of a Type 2 school bus.
(e) Standing Passengers. A vehicle shall not be put in motion until all
passengers are seated, and all passengers must remain seated while the
vehicle is in motion. Standing passengers are permitted only on a bus (ex-
cept a school bus, SPAB, or youth bus) operated in regularly scheduled
passenger stage service or urban and suburban service by a common car-
rier or publicly-owned transit system, and equipped with grab handles
or other means of support for standing passengers, and constructed so
that standing room in the aisle is at least 74 in. high.
(f) Open Doors. While passengers are aboard, a vehicle shall not be put
in motion until the doors are closed. The doors shall not be opened until
the vehicle is stopped. The doors of a school bus shall be closed while the
bus is in motion, whether or not there are passengers in the school bus.
(g) Emergency Exits. While a passenger is aboard, no bus shall be put
in motion with any emergency exit locked or otherwise secured against
being opened from the inside. While a passenger is aboard, no bus,
equipped with emergency exits that are designed to be opened from the
outside, shall be put in motion with such emergency exits locked or other-
wise secured against being opened from either the outside or the inside.
This paragraph shall not apply to buses operated by or under contract to
law enforcement agencies while transporting persons in police custody.
(h) Interior Lighting. During darkness, the driver shall ensure that the
interior lighting is sufficient for passengers to enter and exit safely and
whenever otherwise deemed necessary.
(i) Ejection of Pupils. The driver of a school bus, youth bus, or SPAB
shall not eject any school pupil unless the pupil is given into the custody
of a parent or any person designated by the parent or school.
(j) Exemptions. The provisions of subsections (c) and (e) shall not ap-
ply to persons testing or training a driver, maintenance personnel, a sales
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§1218
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
or manufacturers' representative, or an adult acting upon a request by a
school bus or SPAB driver to supervise or assist a pupil.
NOTE: Aulhority and reference cited: Sections 31401 , 34501 , 34501 .5 and 34508,
Vehicle Code; and Section 38047, Education Code.
History
1 . New subsection (i) filed 4-3-80; designated effective 7-1 -80 (Register 80, No.
14).
2. Amendment of subsection (i) filed 6-9-82; effective thirtieth day thereafter
(Register 82, No. 24).
3. Amendment of subsections (a), (e) and (h) filed 10-28-82; effective thirtieth
day thereafter (Register 82, No. 44).
4. New subsection (g) and subsection relettering filed 4-22-93; operative
5-24-93 (Register 93, No. 17).
5. Editorial correction of printing error in subsection (g) (Register 93, No. 22).
6. Amendment of subsection (f) and Note filed 4-15-98; operative 5-15-98
(Register 98, No. 16).
§ 1218. Fueling Restrictions.
When a vehicle is being refueled, the nozzle of the fuel hose shall be
in contact with the intake of the fuel tank throughout the entire time of
refueling. No driver or motor carrier shall permit a vehicle to be fueled
while the engine is running, a radio on the vehicle is transmitting, the ve-
hicle is close to any open flame or ignition source (including persons who
are smoking), or passengers are aboard any bus except one fueled with
diesel fuel in an open area or in a structure open on both the entrance and
exit ends.
Article 4. Additional Requirements for
School Bus, SPAB, and Youth Bus Drivers
§ 1219. School Bus Accidents.
(a) Reporting. Whenever any school bus accident occurs, the driver
shall stop at the scene, immediately notify or cause to be notified the de-
partment, his or her employer, and the school district for which the bus
may be operated under contract.
(b) Sending for Help. In the event of an accident or emergency, a driver
shall not leave the immediate vicinity of the bus to seek aid unless no pu-
pil aboard can be sent to summon help.
NOTE: Authority cited: Sections 34501, 34501.5 and 34508, Vehicle Code; and
Section 39831, Education Code. Reference: Sections 546, 34501, 34501.5 and
34508, Vehicle Code; and Section 39831, Vehicle Code.
History
1 . Amendment of subsection (a) filed 4-9-79; designated effective 6-1-79 (Reg-
ister 79, No. 15).
2. Amendment filed 8-27-82; effective thirtieth day thereafter (Register 82, No.
35).
3. Amendment of Article 4 heading filed 10-28-82; effective thirtieth day thereaf-
ter (Register 82, No. 44).
4. Amendment filed 5-29-87; operative 6-28-87 (Register 87, No. 23).
§ 1220. Discontinuance from Use.
When a bus is rendered unsafe for continued operation due to accident
damage or a mechanical failure, the driver shall discontinue use of the bus
and notify the motor carrier of these circumstances. The driver or motor
carrier shall then make the necessary arrangements to have the pupils
safely transported to their destinations.
§1221. Alcoholic Beverages.
Alcoholic beverages shall not be transported in a school bus, SPAB,
or youth bus at any time.
NOTE: Authority cited: Sections 34501, 34501.5 and 34508, Vehicle Code; and
Section 39831, Education Code. Reference: Sections 34501, 34501.5 and 34508,
Vehicle Code; and Section 39831, Education Code.
History
1 . Amendment filed 10-28-82; effective thirtieth day thereafter (Register 82, No.
44).
2. Amendment filed 10-15-91; operative 11-14-91 (Register 92, No. 6).
§1222. Smoking.
When a pupil is aboard, smoking is prohibited in a school bus or
SPAB.
§ 1223. Driver's Vision.
The driver shall not allow any person to occupy a position that will in-
terfere with the driver's vision to the front or sides, or in the rear view mir-
rors.
§1224. Seat Belt Use.
The driver shall be properly secured to the driver's seat with the seat
belt at all times while the bus is in motion.
NOTE: Authority cited: Sections 34501, 34501.5 and 34508. Vehicle Code; and
Section 38047. Education Code. Reference: Sections 545, 546, 680, 34501,
34501.5 and 34508, Vehicle Code.
History
1. Amendment of section and new Note filed 3-22-2001: operative 4-21-2001
(Register 2001, No. 12).
Article 5. Additional Requirements for
School Bus Drivers
§1225. Headlamps.
The driver shall ensure the headlamps are lighted while the bus is in
motion.
NOTE: Authority cited: Sections 34501, 34501.5 and 34508, Vehicle Code; and
Section 38047, Education Code. Reference: Sections 545, 546, 680, 34501,
34501.5 and 34508, Vehicle Code.
History
1 . Amendment of section and new NOTE filed 3-22-2001 ; operative 4-21-2001
(Register 2001, No. 12).
§ 1226. Leaving Driver's Compartment.
When a pupil is aboard, the driver shall not leave the driver's compart-
ment without first stopping the engine, effectively setting the parking
brake, placing the transmission in first or reverse gear or park position,
and removing the ignition keys, which shall remain in the driver's pos-
session. On vehicles with automatic transmissions which do not have a
park position, the transmission shall be placed in neutral.
NOTE: Authority and reference cited: Section 34501.5, Vehicle Code.
History
1. Change without regulatory effect (Register 86, No. 48).
2. Change without regulatory effect amending section filed 9-24-91 pursuant to
section 100, title 1, California Code of Regulations (Register 91, No. 52).
§ 1227. School Bus Stops.
NOTE: Authority cited: Sections 34501.5 and 34508, Vehicle Code; and Section
39831, Education Code. Reference: Sections 22504, 34501 .5 and 34508, Vehicle
Code; and Section 39831, Education Code.
History
1 . Amendment filed 4-27-83; effective thirtieth day thereafter (Register 83, No.
18).
2. Amendment of subsection (b) filed 1-20-89; operative 2-19-89 (Register 89,
No. 5).
3. Change without regulatory effect repealing section filed 9-2-93 pursuant to
title 1, section 100, California Code of Regulations (Register 93, No. 36).
§1228. Railroad Crossing.
In addition to the provisions of Vehicle Code Section 22452, the driver
shall stop the school bus parallel to and as close as practicable to the ap-
propriate edge of the highway, fully open the entrance door on a Type 1
bus or open the window on a Type 2 bus, and then listen and look to en-
sure that the tracks are clear of an approaching train, and proceed only
when the tracks are safe to cross and the door is closed.
NOTE: Authority and reference cited: Section 34501.5, Vehicle Code.
History
1. Amendment filed 4-3-80; designated effective 7-1-80 (Register 80, No. 14).
Article 6. Carrier Requirements
§ 1229. Driving Proficiency.
Motor carriers shall require each driver to demonstrate that the driver
is capable of safely operating each different type of vehicle or vehicle
combination (i.e., vehicles with different controls, gauges, of different
size, or requiring different driving skills) before driving such vehicle(s)
on a highway unsupervised. The driver's capability to operate the vehicle
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Department of the California Highway Patrol
§ 1231.5
shall include special equipment such as wheelchair lifts, ramps, or wheel-
chair tie downs. This Section shall not apply to a motor earner who is the
owner and sole driver of a vehicle or combination of vehicles.
NOTE: Authority cited: Sections 31401, 34501 and 34501.5, Vehicle Code. Refer-
ence: Sections 31401, 34501 and 34501.5, Vehicle Code.
History
1. Amendment filed 5-15-81: effective thirtieth day thereafter (Register 81. No.
20).
2. Amendment of section and Note filed 1-9-95; operative 2-8-95 (Reeister95,
No. 2).
§1230. Unlawful Operation.
No motor carrier shall knowingly require or permit the operation of
any vehicle that is not in safe operating condition or not equipped and
maintained as required by any law or this chapter; or knowingly require
or permit any driver to drive in violation of any law or this chapter.
(a) Out-of-Service Vehicles. Authorized employees of the depart-
ment may declare and mark any vehicle "out of service" in accordance
with Section 1 239, when its hazardous condition or loading appears like-
ly to cause an accident, injury, or breakdown. A vehicle so marked shall
not be operated, nor shall the out of service notice be removed, until the
vehicle is safe to drive.
(b) Damaged Vehicles. A vehicle damaged by an accident or other
cause shall not be driven from the location where the damage occurred
until it has been inspected by a qualified person who has determined that
the vehicle is safe to drive.
NOTE: Authority cited: Sections 2402, 2410, 31401 and 34501, Vehicle Code.
Reference: Sections 260, 322, 2402, 2410, 2804, 12500, 12502, 12515(b), 14603,
15210, 15250, 15275, 15278,20002,23152,24002,24400,24252,24600,24603,
24604, 24952, 27154, 27155, 27465, 27501, 27903, 29001, 29002, 29003, 29004,
31401, 34500, 34501, 34506 and 34510, Vehicle Code.
History
1. Change without regulatory effect amending first paragraph filed 5-1 1-95 pur-
suant to section 100, title 1, California Code of Regulations (Register 95, No.
19).
2. Amendment of subsection (a) and amendment of Note filed 7-10-2002; opera-
tive 8-9-2002 (Register 2002, No. 28).
§ 1230.5. Intermodal Chassis Inspection Tags.
(1) Intermodal Chassis Inspection Tags. Any motor carrier operating
from an ocean marine terminal and conducting the intermodal roadability
inspection, as defined in Section 34505.9 of the Vehicle Code, shall affix
a green tag to each intermodal chassis that has passed the inspection and
a red tag to each chassis that has failed the inspection. The tags may be
in a format provided by the department, PASS (10-04) or FAIL (10-04),
or may be in carrier-provided format containing, at a minimum, the fol-
lowing information:
(1) The name of the inspector.
(2) The date and time the inspection took place.
(3) The result of the daily roadability inspection indicated by the term
"pass" or "fail," as appropriate.
(4) The following statement inserted directly below the term "pass" or
"fail:" "On the date noted, this intermodal chassis was inspected pursuant
to the requirements of California Vehicle Code Section 34505.9, and
found to be (defective) or (in compliance). (The following defects) or (No
defects) were observed:"
(5) Additional information is permitted, provided it does not render the
required information illegible.
(b) Minimum Dimensions. Intermodal chassis inspection tags shall be
of a size not less than 5.5 inches in height by 8.5 inches in width.
(c) Placement and Durability of Tags. Intermodal chassis inspection
tags shall be securely attached in a conspicuous location so as to be vis-
ible from the rear of the intermodal chassis and maintained by the motor
carrier in a condition so that the format, legibility, color, and visibility
will not be substantially reduced due to weather, deterioration, dirt, or
other matter encountered incidental to transportation. The tag may be re-
moved upon release of the chassis from the ocean marine terminal.
NOTE: Authority cited: Sections 34501 and 34505.9, Vehicle Code. Reference:
Sections 34501.12, 34505.5 and 34505.9, Vehicle Code.
History
1 . New section filed 10-28-2004; operative 1 1-27-2004 (Register 2004, No. 44).
§ 1231. Vehicle Inspection Approval Certificate.
A vehicle inspection approval certificate designed and furnished by
the department shall be displayed in each school bus, SPAB, youth bus,
farm labor vehicle, and GPPV pursuant to Vehicle Code Sections 2807,
2807.1, 2807.3, 31401, and 34501.8. The following provisions shall ap-
ply to vehicle inspection approval certificates:
(a) Display of Certificate. The certificate shall be placed in a certificate
holder provided by the motor carrier and posted in an easy-to-reach and
visible area of the driver's compartment of the vehicle for which it was
issued. The certificate holder shall be designed so the certificate can be
easily inserted and removed and is clearly legible under a transparent
covering.
(b) Issuance of Certificate. The certificate shall be issued to the specif-
ic vehicle and motor carrier named on the certificate. The certificate will
be signed and dated by an authorized employee of the department certify-
ing that on the inspection date the vehicle complied with applicable laws
and regulations governing its construction, design, and equipment (and
color, if a school bus).
(c) Youth Bus Inspection Fee. The fee for inspection of a youth bus is
eighty-five dollars ($85). When necessary to verify that corrections have
been made, not more than one reinspection may be scheduled at each ter-
minal or facility without payment of another inspection fee.
(d) GPPV Inspection. The fee for inspection of a GPPV is fifty dollars
($50). When necessary to verify that corrections have been made, not
more than one reinspection may be scheduled at each terminal or facility
without payment of another inspection fee. Application for inspection of
GPPVs shall be made to the department on forms provided by the depart-
ment and shall be accompanied by the prescribed fees.
NOTE: Authority cited: Sections 2807.3, 31401, 31401.5, 34501, 34501.5, 34508
and 34508, Vehicle Code. Reference: Sections 2807.3, 31401, 31401.5, 34501,
34501.5, 34501.8 and 34508, Vehicle Code.
History
1 . Amendment filed 10-28-82; effective thirtieth day thereafter (Register 82, No.
44).
2. Amendment of first paragraph and new subsection (d) filed 8-16-88; operative
9-15-88 (Register 88, No. 34).
§ 1231.5. Farm Labor Vehicle Certification Stickers.
Two farm labor vehicle certification stickers issued by the department
shall be displayed on each certified farm labor vehicle. The following
provisions shall apply to farm labor vehicle certification stickers:
(a) Issuance and Display of Stickers. Farm labor vehicle certification
stickers shall be issued in pairs to a specific vehicle and shall be affixed
as follows to the front and rear of each certified farm labor vehicle at the
time the inspection approval certificate is issued pursuant to Section
1231.
(1) Front. One farm labor vehicle certification sticker shall be dis-
played on the lower right-hand corner of the windshield farthest re-
moved from the driver.
(2) Rear. One farm labor vehicle certification sticker shall be dis-
played on the right side of the rear window of the vehicle. If the vehicle
does not have a rear window, the sticker shall be displayed on the right
side of the rear bumper.
(b) Removal of Farm Labor Vehicle Certification Stickers. Farm labor
vehicle certification stickers shall be removed from any vehicle:
( 1 ) before the vehicle is transferred into the possession of a new owner,
is registered to a new owner, or is discarded or otherwise released from
the ownership of the person or organization named on the vehicle inspec-
tion approval certificate issued pursuant to Section 1231.
(2) when the stickers are replaced by new stickers at the time of the
next certification inspection by the department.
(c) Design of Stickers.
( 1 ) Size and Content: The farm labor vehicle certification sticker shall
be approximately 2.5 inches in height by 4 inches wide, and shall have
the words "Certified Farm Labor Vehicle" superimposed over the
California Highway Patrol shield. The month and year of issue shall be
indicated by punch-outs (see figure 1). The last two digits of the year of
expiration of the sticker shall be shown at the top of the sticker. Each
sticker shall show the toll-free telephone number for reporting farm la-
Page 134.11
Register 2008, No. 15; 4-11-2008
§1232
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
bor vehicle violations, and each pair of stickers shall have a unique serial
number.
(2) Color. Each farm labor vehicle certification sticker shall be color-
coded to denote the quarter of the calendar year in which it was issued
and will expire as follows:
(A) Stickers issued in the first quarter shall be green.
(B) Stickers issued in the second quarter shall be yellow.
(C) Stickers issued in the third quarter shall be orange.
(D) Stickers issued in the fourth quarter shall be white.
(3) Month of Issue. The upper left and upper right-hand corners of the
sticker shall be removed as follows to indicate the month of the quarter
in which it was issued:
(A) During the first month of the quarter, the upper left-hand and up-
per right-hand corners shall be removed before the sticker is affixed.
(B) During the second month of the quarter, only the upper left-hand
corner shall be removed before the sticker is affixed.
(C) During the third month of the quarter, no corners shall be removed.
(4) Specifications. Stickers shall be fabricated of durable material, and
construction shall assure self destruction when any attempt is made to re-
move a sticker from its original application surface. Evidence of self-de-
struction must permanently alter the appearance of the sticker.
01
C'7
02
03
03
09
04
10
OS-
11
06
12
CERTIFIED
FARM LABOR
VEHICLE
To report a farm labor vehicle
< violation, call
1 (800) TELL CHP
CO
06
01
07
02
OS
03
09
04
10
05
11
no. 123456
Figure 1
(d) Modification of Stickers. No person other than an authorized em-
ployee of the department shall punch dates into or otherwise modify any
farm labor vehicle certification sticker. A farm labor vehicle certification
sticker which has been modified to indicate more than one issue date, or
which has been otherwise tampered with is invalid and both stickers shall
be removed from the vehicle.
(e) Transfer of Inspection Stickers or Certificates. No farm labor ve-
hicle certification sticker, label, or vehicle inspection approval certificate
issued by the department to a farm labor vehicle shall be transferred to
another vehicle.
NOTE: Authority cited: Section 31401.5, Vehicle Code. Reference Sections 31401
and 31401.5, Vehicle Code.
History
]. New section filed 7-3-2001; operative 8-2-2001 (Register 2001, No. 27).
§ 1232. Vehicle Inspection and Maintenance.
The following provisions apply to the inspection and maintenance of
vehicles subject to this chapter.
(a) Preventive Maintenance. Motor carriers shall ensure that all ve-
hicles subject to their control, and all required accessories on the ve-
hicles, are regularly and systematically inspected, maintained, and lubri-
cated to ensure they are in safe and proper operating condition. The
carriers shall have a means of indicating the types of inspection, mainte-
nance, and lubrication operations to be performed on each vehicle and the
date or mileage when these operations are due. The inspection required
by this subsection is more in depth than the daily inspection performed
by the driver. Motor carriers shall ensure compliance with this subsection
when a vehicle is assigned away from the carrier's regular maintenance
facility for periods exceeding normal inspection, maintenance, and lubri-
cation intervals.
(b) Periodic Preventive Maintenance Inspection. School bus, SPAB,
and GPPV carriers shall ensure every bus is inspected every 3,000 miles
or 45 calendar days, whichever occurs first; or more often if necessary
to ensure safe operation. Buses out of service exceeding 45 calendar days
need not be inspected at 45-day intervals, provided they are inspected
prior to being placed back into service.
This periodic inspection shall at a minimum cover:
(1) Brake adjustment
(2) Brake system leaks
(3) Two-way check valve in dual air systems, alternately draining and
recharging primary and secondary air reservoirs
(4) All tank mounting brackets
(5) All belts and hoses for wear
(6) Tires and wheels
(7) Steering and suspension
(c) Oil or Grease Accumulations. Excessive amounts of grease or oil
on the vehicle shall be removed and their cause corrected.
(d) Cleanliness of Buses. Every bus shall be kept clean and free of lit-
ter.
(e) Inspector Qualifications. Motor carriers shall ensure that individu-
als performing inspections, maintenance, repairs or service to the brakes
or brake systems of vehicles subject to this chapter are qualified in accor-
dance with 49 CFR 396.25 (published October 1 , 2006).
NOTE: Authority cited: Sections 2807.2, 31401, 34501 and 34501.5, Vehicle
Code. Reference: Sections 2807.2, 31401, 34501 and 34501.5, Vehicle Code.
History
1 . New subsection (e) filed 9-27-78; desienated effective 1 0-27-78 (Register 78,
No. 39).
2. Amendment filed 8-24-79; designated effective 10-1-79 (Register 79. No. 34).
3. Amendment filed 4-2-81 ; effective thirtieth day thereafter (Register 81, No.
14).
4. Amendment of subsection (b) filed 6-9-82; effective thirtieth day thereafter
(Register 82, No. 24).
5. Amendment of subsection (b) filed 5-17-84; effective thirtieth day thereafter
(Register 84, No. 20).
6. Amendment of subsection (b) filed 8-16-88; operative 9-15-88 (Register 88,
No. 34).
7. New subsection (e) filed 9-21-94; operative 9-21-94 pursuant to Government
Code section 11346.2(d) (Register 94, No. 38).
8. Change without regulatory effect amending first paragraph and subsection (e)
filed 8-7-95 pursuant to section 100, title 1, California Code of Regulations
(Register 95, No. 32).
9. Amendment of subsection (e) filed 3-31-99; operative 4-30-99 (Register 99,
No. 14).
10. Amendment of subsections (b) and (e) filed 4-10-2008; operative 5-10-2008
(Register 2008, No. 15).
§ 1 233. Safety Compliance Ratings.
(a) Definitions of Safety Compliance Ratings. Compliance ratings
shall have the following meanings:
(1) Satisfactory. A satisfactory rating means compliance with applica-
ble laws and regulations or only minor discrepancies in statutory or regu-
latory requirements were noted, and overall compliance was within rea-
sonable bounds.
(2) Unsatisfactory. An unsatisfactory rating means a continued disre-
gard of statutory or regulatory requirements, a finding of numerous viola-
tions, a finding of serious violations that adversely affect the safe opera-
tion of vehicles, or a lack of compliance with hazardous materials
shipping or carriage requirements.
(3) Conditional. A conditional rating means there was a previous rat-
ing of "unsatisfactory;" and the carrier, terminal, facility or shipper has
been reinspected and compliance is no longer necessarily "unsatisfacto-
ry," but that actual compliance cannot be determined. A follow-up in-
spection will be conducted to determine compliance.
(b) Inspections by the Department.
(1) Motor carriers. Motor carriers are inspected by the Department at
their principal places of business and assigned safety compliance ratings
which reflect each motor carrier's overall compliance with the require-
ments of Vehicle Code Section 34520.
(2) Motor carrier terminals and maintenance facilities. Motor carrier
terminals and maintenance facilities are inspected by the Department
pursuant to Vehicle Code Sections 34501(a)(3), 34501(c), and
34501.12(d) and assigned safety compliance ratings which reflect each
terminal's overall compliance with the laws and regulations governing
drivers' hours of service, vehicle condition, preventive maintenance
practices, hazardous materials carriage, and records required by statute
or regulation.
•
•
Page 134.12
Register 2008, No. 15; 4-11-2008
Title 13
Department of the California Highway Patrol
§1234
(3) Hazardous materials shippers. Hazardous materials shippers are
inspected by the Department and are assigned safety compliance ratings
which reflect each shipper's overall compliance with laws and regula-
tions governing the packaging, description, marking, labeling, offering
and other requirements of the United States Department of Transporta-
tion governing the transportation of hazardous materials, including any
exceptions contained in state law or regulation.
(c) Assignment of Safety Compliance Ratings. The Department's eval-
uation of the motor carrier's, terminal's, or hazardous materials shipper's
potential for overall safety shall be the final determining factor in the rat-
ing assigned.
(d) Rating Review. Any motor carrier, or shipper who receives an un-
satisfactory rating and believes the rating is not justified, may, within five
calendar days following the assignment of the rating, request a review of
the rating by contacting the Department at the telephone number indi-
cated on the inspection report. The sole purpose of the rating review is
to determine whether the inspection and its findings are consistent with
laws, regulations, and Department policy in effect at the time of the in-
spection. A rating review is not for the purpose of evaluating any correc-
tive actions taken by the carrier or shipper since the time of the inspec-
tion.
(e) Carrier Responsibility for Disclosure of Safety Compliance Rat-
ings.
(1) A motor carrier contracting to transport passengers in a bus shall
give notice to the user of the carrier's most recent safety compliance rat-
ing.
(2) A motor carrier transporting school pupils to or from school activi-
ties in a school bus or school pupil activity bus (SPAB) shall give notice
to the school district superintendent of the carrier's most recent safety
compliance rating.
(3) Notice may be given by posting the safety compliance rating in the
public area of the carrier's terminal or principal place of business, or by
publishing the rating in the local news media.
(4) The carrier shall provide its latest rating upon any request from the
public whether received in writing, in person, or by telephone. Safety
compliance ratings are also available from the Department.
NOTE: Authority cited: Sections 31401, 34501, 34501.5, 34508 and 34520, Ve-
hicle Code. Reference: Sections 31401, 34501, 34501.5, 34508 and 34520, Ve-
hicle Code.
History
1 . New section filed 4-29-82; effective thirtieth day thereafter (Register 82, No.
18).
2. Amendment filed 4-27-83; effective thirtieth day thereafter (Register 83, No.
18).
3. Amendment filed 9-6-95; operative 10-6-95 (Register 95, No. 36).
4. Repealer and new section and amendment of Note filed 4-6-99; operative
5-6-99 (Register 99, No. 15).
5. Editorial correction of subsection (b)(3) (Register 99, No. 20).
§ 1 233.5. Change of Address.
Each motor carrier subject to the provisions of this chapter shall notify
the department in writing of any change of address or cessation of regu-
lated activity at any of the carrier's terminals. Such notification shall be
made within 15 days of the change and shall be forwarded to:
CALIFORNIA HIGHWAY PATROL
COMMERCIAL RECORDS UNIT
P.O. BOX 942898
SACRAMENTO. CA 94298-0001
NOTE: Authority cited: Sections 31401, 34501, 34501.5 and 34508, Vehicle
Code; and Section 39831, Education Code. Reference: Sections 31401, 34501,
34501.5 and 34508, Vehicle Code; and Section 39831, Education Code.
History
1 . New section filed 9-6-95; operative 10-6-95 (Register 95, No. 36).
§ 1 234. Required Records for Motor Carriers.
The following records are required:
(a) Driver's Record. Motor carriers shall require each driver and each
codriver to keep a driver's record pursuant to Section 1213. Motor carri-
ers shall keep the original copies of all drivers' records with any support-
ing documents, as defined in Section 1201(y), for 6 months. Drivers' re-
cords of duty status and all supporting documents shall be made available
for inspection immediately upon request by an authorized employee of
the department. Drivers' records and/or supporting documents not readi-
ly available or accessible shall be made available within 3 business days.
(b) Driver's Authorized Vehicles. Motor carriers shall maintain a re-
cord of the different types of vehicles and vehicle combinations each
driver is capable of driving as specified in Section J 229.
(c) Driver's Records. School bus, SPAB, youth bus, farm labor ve-
hicle, and GPPV carriers shall maintain a record of required documents
for each driver they employ. The carrier shall notify each driver of the
expiration date of the documents listed in ( 1 ) through (4), and the carrier
shall ensure each document is renewed prior to expiration. The record
shall contain the following data:
(1) Driver's license class, number, restrictions and expiration date.
(2) Driver's certificate restrictions, expiration date, certificate is-
suance date and driver's date of birth.
(3) Date medical certificate expires.
(4) Expiration date of driver's first aid certificate, license as a physi-
cian and surgeon, osteopath, or registered nurse, or certificate as a physi-
cian's assistant or emergency medical technician when such certificate
or license is used to obtain a waiver of the first aid examination pursuant
to Vehicle Code Section 12522.
(5) Date and number of hours of training specified in Education Code
Sections 40080-40090 or Vehicle Code Section 1 2523 since issuance of
the driver's current certificate.
(d) Mileage Records. School bus, SPAB, and youth bus carriers shall
keep records of the mileage each bus travels during the fiscal year (July
1 through June 30). These records shall be retained for the current fiscal
year plus the previous year.
(e) Daily Vehicle Inspection Reports. Motor carriers shall require
drivers to submit a documented daily vehicle inspection report pursuant
to Section 1215(c). Reports shall be carefully examined, defects likely to
affect the safe operation of the motor vehicle or combination or result in
a mechanical breakdown shall be corrected before the vehicle or combi-
nation is driven on the highway, and carriers shall retain such reports for
at least three months.
(f) Inspection, Maintenance, Lubrication, and Repair Records. Motor
carriers shall document each systematic inspection, maintenance, and lu-
brication, and repair performed for each vehicle under their control.
These vehicle records shall be kept at the carrier's maintenance facility
or terminal where the vehicle is regularly garaged. Such records shall be
retained by the carrier for one year and include at least:
(1) Identification of the vehicle, including make, model, license num-
ber, or other means of positive identification
(2) Date or mileage and nature of each inspection, maintenance, lubri-
cation, and repair performed
(3) Date or mileage and nature of each inspection, maintenance, and
lubrication to be performed; i.e., the inspection, maintenance, and lubri-
cation intervals
(4) The name of the lessor or contractor furnishing any vehicle
(5) On school bus, SPAB, and GPPV records, the signature of the per-
son performing the inspection
(g) Temporarily Assigned Vehicle. When a vehicle is garaged at other
than the carrier's regular maintenance facility for periods exceeding nor-
mal intervals for inspection, maintenance, and lubrication, carriers shall
ensure the record(s) indicating the date or mileage and nature of these op-
erations to be performed, are kept in the vehicle.
(h) School Bus Accident Reports. School bus carriers shall maintain
a report of each accident that occurred on public or private property in-
volving a school bus with pupils aboard. The report shall contain perti-
nent details of the accident and it shall be retained for 1 2 months from the
date of the accident. If the accident was not investigated by the CHP, the
carrier shall forward a copy of the report to the local CHP within five
work days of the date of the accident.
NOTE: Authority cited: Sections 31401, 34501, 34501.2, 34501 .5 and 34508, Ve-
hicle Code; and Section 39831, Education Code. Reference: Sections 545, 546,
Page 134.13
Register 2007, No. 41; 10-12-2007
§ 1234.5
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
31401, 34501. 34501.2, 34501.5 and 34508, Vehicle Code; and Section 39831,
Education Code.
HrSTORY
1 . New subsection (c)(4) filed 4-3-80; designated effective 7-1-80 (Reaister 80,
No. 14).
2. Amendment filed 4-2-81; effective thirtieth dav thereafter (Register 81. No.
14).
3. New subsection (h) filed 8-27-82 effective thirtieth day thereafter (Register 82,
No. 35).
4. Amendment of subsections (c) and (d) filed 10-28-82; effective thirtieth day
thereafter (Register 82, No. 44).
5. Amendment of subsection (c)(2) filed 4-27-83; effective thirtieth day thereafter
(Register 83, No. 1 8).
6. Amendment of subsection (a) filed 8-31-83; effective thirtieth day thereafter
(Register 83, No. 36).
7. Amendment of subsection (e) filed 4-16-86; effective thirtieth day thereafter
(Register 86, No. 16).
8. Amendment of subsection (c) filed 10-31-86; effective thirtieth day thereafter
(Register 86, No. 44).
9. Amendment of subsections (c) and (f) filed 8-16-88; operative 9-15-88 (Reg-
ister 88, No. 34).
10. Amendment of subsection (c)(2) filed 12-5-88; operative 1-4-89 (Register
88, No. 51).
1 1. Change without regulatory effect amending subsection (c)(5) filed 8-29-91
pursuant to section 1 00, title 1 , California Code of Regulations (Register 9 1 , No.
51).
12. Amendment of subsection (e) filed 12-11-97; operative 1-10-98 (Register
97, No. 50).
1 3. Amendment of subsection (a) and Note filed 1-8-98; operative 2-7-98 (Reg-
ister 98, No. 19).
14. Amendment of subsection (a) and amendment of Note filed 10-12-2007; op-
erative 1 1-1 1-2007 (Register 2007, No. 41).
§ 1234.5. Farm Labor Vehicle Inspection Scheduling.
It is the responsibility of the owner or operator of a farm labor vehicle
to schedule the annual inspection required by Section 31401 of the Ve-
hicle Code. Farm labor vehicle owners or operators shall request schedul-
ing of inspections as follows:
(a) Renewal Inspections. The owner or operator of a farm labor vehicle
that has a currently valid inspection certificate shall make the request for
inspection not later than four weeks prior to the expiration date of the cer-
tificate.
(b) Initial Inspections. The owner or operator of a farm labor vehicle
required to have its initial inspection shall make the request for inspection
not later than three business days prior to the requested date.
NOTE: Authority cited: Section 31401.5, Vehicle Code. Reference: Sections
31401 and 31401.5, Vehicle Code.
History
1 . New section filed 7-3-2001; operative 8-2-2001 (Register 2001, No. 27).
§ 1235. Towing Other Vehicles.
A school bus or SPAB shall not tow any vehicle. Other buses and farm
labor vehicles shall not tow any vehicle except as follows:
(a) Urban or Suburban Service — Farm Labor Vehicle. A bus operated
in urban or suburban service by a common carrier, publicly owned transit
system, or passenger charter-party carrier, and a farm labor vehicle, may
tow a trailer or semitrailer, used to carry property for use by passengers,
provided the trailer/semitrailer and property does not exceed a gross
weight of 6,000 lbs.
(b) Bus. A bus may tow a trailer-bus pursuant to the provisions of the
Vehicle Code.
(c) Bus Under 10,000 Lb GVW. A bus with a gross vehicle weight of
less than 10,000 lb may tow any vehicle, pursuant to the provisions of the
Vehicle Code.
NOTE: Authority and reference cited: Sections 546, 31401, 34501, 34501.5 and
34508, Vehicle Code; and Section 39831, Education Code.
History
1. Amendment filed 7-1-83; effective thirtieth day thereafter (Register 83, No.
27).
Article 6.5. Carrier Identification Numbers
§ 1235.1. Application for Carrier Identification Number.
(a) Required Application. Persons subject to Section 34507.5 of the
Vehicle Code shall apply to the department for a carrier identification
number as required by that section, using the application specified in
paragraph (e).
(b) Person Defined. Whenever in this article reference is made to a per-
son, it shall be understood to mean an individual, partnership, corpora-
tion, limited liability company, state or local government agency, firm,
association, or other legal entity who is subject to Section 34507.5 of the
Vehicle Code. For purposes of this article, the terms "carrier," "firm,"
"legal entity," "motor carrier," "motor carrier of property," "organiza-
tion," "owner," "person," or other collective term shall be interchange-
able unless specified otherwise in a specific instance.
(c) CA Number. The carrier identification number referenced in Sec-
tion 34507.5 of the Vehicle Code shall be referred to in this section as a
"CA number." CA numbers are generated by an automated record system
operated by the department. CA numbers shall be assigned to each new
applicant in sequence, and requests for specific numbers shall not be hon-
ored by the department.
(d) Application Fee. Applications for CA numbers are received and
processed without charge to the applicant.
(e) Motor Carrier Profile. Persons subject to Section 34507.5 of the
Vehicle Code shall submit a completed application for a CA number on
a Motor Carrier Profile, CHP 362, as revised in June 1 999, which is here-
by incorporated by reference.
(1) Single copies of this application are available free of charge from
the department at its field division offices in Redding, Rancho Cordova,
Vallejo, Fresno, Los Angeles, San Diego, San Luis Obispo, and San Ber-
nardino, or from its Commercial Vehicle Section in Sacramento.
(2) The current version of the application is also available for printing
from the Internet at the department's Internet site at www.chp.ca.gov un-
der Forms. The specific location of this application on the department's
Internet site may vary over time as the site is updated, but should be locat-
able using the search term "CHP 362."
(0 Completion and Submission. Applications shall be completed legi-
bly, and mailed or otherwise delivered to the department according to the
instructions contained in the application.
NOTE: Authority cited: Sections 34500 and 34501, Vehicle Code. Reference: Sec-
tions 34507.5, 34507.6, 34620(a) and 34621(b)(4), Vehicle Code.
History
1. New article 6.5 (sections 1235.1-1235.6) and section filed 3-20-2002; opera-
tive 4-19-2002 (Register 2002, No. 12).
§ 1 235.2. Motor Carrier Safety Records of the Department.
(a) Records Associated With CA Numbers. The record system refer-
enced in section 1 235. 1 contains carrier records and terminal records. All
of the information in the record system is public information.
(b) Carrier Records. Carrier records may contain some or all of the fol-
lowing information:
(1 ) Identification by the legal name of each person who is a motor car-
rier as defined in Section 408 of the Vehicle Code or a motor carrier of
property as defined in Section 34601 of the Vehicle Code.
(2) Any properly adopted business names used by the carrier.
(3) The physical address, mailing address, and telephone number of
the carrier's principal place of business.
(4) At the carrier's option, the names of two individuals designated by
the motor carrier as emergency contacts, with day and night telephone
numbers for each, which the department may use if necessary to contact
the carrier's management regarding an emergency involving a vehicle or
driver of the carrier.
(5) Codes assigned by the department representing the geographical
location of the carrier's principal place of business.
•
Page 134.14
Register 2007, No. 41; 10-12-2007
Title 13
Department of the California Highway Patrol
§ 1235.3
•
(6) Identification of the type of legal entity the person is, such as indi-
vidual, partnership, corporation, or limited liability company.
(7) If the applicant is a partnership, corporation, or limited liability
company, the applicant's federal employer identification number, or if
an individual, the individual's driver license number or state-issued
identification card number and state of issue, and if the individual has em-
ployees, the individual's federal employer identification number.
(8) The carrier's California or foreign corporation number assigned by
the California Secretary of State.
(9) Identification of the state agency that created the record in the auto-
mated system, either the department in connection with its duty to regu-
late the safe operation of vehicles described in Division 14.8 of the Ve-
hicle Code, or the Department of Motor Vehicles in connection with its
duty to administer the Motor Carriers of Property Permit Act in Division
14.85 of that code.
(10) Brief descriptions of the types of regulated vehicles the carrier op-
erates or transportation activities in which the carrier is engaged, referred
to collectively as "types of operation."
(11) The number and locations of terminals the carrier operates in
California, each identified as active or inactive.
(12) Status of the carrier record as a whole as active or inactive, and
the effective date of that status.
(13) The date on which the carrier record was most recently updated.
(14) A listing of licenses, operating authorities and registrations held
by the carrier to conduct various transportation-related activities, and
cross-references to identification numbers issued by other agencies to
that carrier.
(15) A count of regulated vehicles and hazardous materials tanks and
containers in the carrier's fleet, and the number of drivers, derived as the
sum of all vehicle counts indicated in (c)(10) and (11).
(16) Fleet mileage by year, as reported by the carrier.
(17) Business (doing business as) names the carrier uses.
(18) A listing of the carrier's terminals subject to the inspection pro-
gram mandated by Vehicle Code Section 34501.12, if applicable.
(19) A listing of citations written to the carrier by the department for
violations relating to operation of commercial vehicles, not including ad-
judication.
(20) A listing of accident reports taken or received by the department
in which the carrier was identified as an involved party in the accident.
(21) A listing of locations at which the carrier operates terminals,
(c) Terminal Records. Terminal records may contain some or all of the
following information:
(1) The name the carrier uses at the terminal location, and the address.
(2) The terminal office telephone number.
(3) At the carrier's option, the names of two individuals designated by
the motor carrier as emergency contacts for that specific terminal, with
day and night telephone numbers for each, which the department may use
if necessary to contact the terminal's management regarding an emergen-
cy involving a vehicle or driver believed to be from that terminal.
(4) Codes assigned by the department representing the geographical
location of the terminal.
(5) Types of operation in which the carrier is engaged at the terminal.
(6) The rating assigned by the department pursuant to Section 1233 to
the terminal, and the date of the rating assignment.
(7) The date on which the most recent information about the terminal
was entered into the record.
(8) A listing of any transportation-related licenses or registrations
associated with the specific terminal.
(9) A history of fees paid and inspections completed pursuant to Sec-
tion 34501 .12 of the Vehicle Code.
(10) A count of vehicles operated from the terminal, with codes indi-
cating types of vehicles and a legend explaining the codes.
(11) A count of drivers based at the terminal.
(12) Fleet mileage by year of vehicles operated from the terminal.
(13) A history of terminal ratings showing the ratings given for each
of four categories of compliance matters, and the overall compliance rat-
ing assigned to the terminal, with an indication of whether each inspec-
tion was conducted pursuant to Section 34501 . 1 2 of the Vehicle Code or
other authority, whether a due process notice was issued when an unsatis-
factory rating was assigned, the predominant type of operation upon
which compliance was rated, the date of the inspection, and a tentative
suspense date for departmental review of the record and possible sched-
uling of the next inspection.
NOTE: Authority cited: Sections 34500 and 34501 , Vehicle Code. Reference: Sec-
tions 34507.5, 34507.6, 34620(a) and 34621(b)(4), Vehicle Code.
History
1. New section filed 3-20-2002; operative 4-19-2002 (Register 2002, No. 12).
§ 1235.3. Required Information and Assignment of
Identification Numbers.
(a) "Doing Business As" Names. "Doing Business As" (DBA) names
under which a person operates may be associated in the department's re-
cords with the CA number and legal name of the person.
(b) DBA Name Not A Separate Entity. The fact that a person does busi-
ness under another name does not create an entity distinct from that per-
son. Except as specifically permitted in this section, DBA names that are
fictitious business names shall not be included on the application refer-
enced in Section 1235.1 unless they are adopted in compliance with the
Business and Professions Code, commencing with Section 1 7900.
(1) The name of another carrier to whom a person is contracted or un-
der whose federal operating authority the person operates is not accept-
able as a DBA name of that person.
(2) The department may require the applicant to provide verification
of compliance with the requirements of the Business and Professions
Code regarding the adoption of fictitious business names.
(c) Legal Name Required. A CA number shall be assigned in the legal
name of the person who is a motor carrier or motor carrier of property.
(1) An individual who operates vehicles which cause the individual to
be subject to Section 34507.5 of the Vehicle Code shall, upon submission
of a properly completed application, be assigned one CA number in the
legal name of that individual.
(A) A business or other enterprise which is operated as a sole propri-
etorship, but managed jointly by a family, such as by a husband and wife,
siblings, parent and child, or is managed by unrelated individuals in an
informal partnership, shall be identified on the application referenced in
Section 1235.1 as operated by one individual, and a CA number shall be
assigned in the legal name of the individual so identified.
(2) A partnership, corporation, or limited liability company that oper-
ates vehicles which cause it to be subject to Section 34507.5 of the Ve-
hicle Code shall, upon submission of a properly completed application,
be assigned one C A number in the legal name of the partnership, corpora-
tion, or limited liability company.
(3) A department or an independent commission of the state that oper-
ates vehicles which cause it to be subject to Section 34507.5 of the Ve-
hicle Code shall, upon submission of a properly completed application,
be assigned one CA number in the legal name of the department or com-
mission. Except as provided in subsections (c) and (d), levels of state
government below the department level shall not be identified as DBAs
of the state. As used in this paragraph, the term "department level" means
the first major organizational subdivision of a state Department or Com-
mission below its executive level.
(4) A county shall be assigned one CA number. County departments
may be identified as DBA names of the county. Except as provided in
subsections (c) and (d), levels of county government below the county
department level shall not be identified as DBAs of the county.
(5) A city shall be assigned one CA number. City departments may be
identified as DBA names of the city. Except as provided in subsections
(c) and (d), levels of city government below the city department level
shall not be identified as DBAs of the city.
(d) Commissions and Special Districts. A county or city commission,
or a special district or joint powers agency governed by a board of trust-
ees, that operates vehicles which cause the commission, district or
agency to be subject to Section 34507.5 of the Vehicle Code, shall, upon
Page 134.15
Register 2007, No. 41; 10-12-2007
§ 1235.4
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
submission of a properly completed application, be assigned a CA num-
ber separately from the level of government with which it is associated.
(e) Public School Districts. A public school district operated by the
state, a county, or a city shall, upon submission of a properly completed
application, be assigned a CA number separately from the level of gov-
ernment with which it is associated.
(f) Associations and Other Organizations. Associations and other or-
ganizations comprising a federation of relatively independent local of-
fices, chapters, congregations, or other units but which are affiliated sta-
tewide or nationally with a central organization in such a manner that
they share the same federal employer identification number, shall be con-
sidered one organization and shall share the same CA number, unless a
local chapter is incorporated separately from the state or national orga-
nization. The name of each local chapter of the organization may be iden-
tified as a DBA of the organization if the Local chapter operates one or
more vehicles that cause the organization to be subject to Section
34507.5 of the Vehicle Code and the DBA name is properly adopted pur-
suant to subsection (b), except that any one DBA name shall not be re-
peated in the records of the department regardless of how many locations
use that DBA name.
(g) Reorganizations. Reorganization of a business, enterprise, or other
organization under the ownership of a different legal person, such as
from a sole proprietorship to a partnership or from a partnership to a cor-
poration shall be considered the emergence of a new or different person,
which, if that new person operates vehicles that cause the person to be
subject to Section 34507.5 of the Vehicle Code, shall require application
for a new CA number pursuant to Section 1235.1.
(1) "Reorganization" includes the dissolution of an entity and the cre-
ation of a new entity of the same type, such as from a corporation to a new
corporation, or from a limited liability company to a new limited liability
company, even if all the individuals who comprise the management of
the new entity are the same individuals who managed the previous entity.
(2) Upon issuance of a new CA number to the new legal entity, the de-
partment may place the CA number of the former organization in inactive
status.
(h) Individuals Participating in Multiple Businesses. An individual op-
erating one or more businesses as a sole proprietor shall be assigned one
CA number, regardless of the number of businesses operated. An indi-
vidual who enters into a partnership or participates as an owner in the
formation of a corporation or limited liability company, but continues to
operate one or more businesses as a sole proprietor, shall retain his or her
original CA number, which shall continue to represent that individual as
a sole proprietor. The partnership, corporation or limited liability compa-
ny in which that individual participates as a partner or co-owner is a sepa-
rate legal entity and shall be assigned its own CA number.
NOTE: Authority cited: Sections 34500 and 34501, Vehicle Code. Reference: Sec-
tions 34507.5, 34507.6, 34620(a) and 34621(b)(4), Vehicle Code.
History
1. New section filed 3-20-2002; operative 4-19-2002 (Register 2002, No. 12).
§ 1235.4. Identification Numbers Nontransferable.
(a) One CA Number Per Person. An individual shall be assigned one
CA number regardless of how many business enterprises the individual
may operate as a sole proprietor or DBA names he or she may use. A part-
nership, corporation, or limited liability company shall be assigned one
CA number, regardless of how many internal divisions it may have or
DBA names it may use in representing its business enterprises to the pub-
lic. The CA number shall represent the legal name of that person, not a
DBA name the person may use.
(b) Nontransferable. A CA number is not transferable from one person
to another, except to correct any errors on the part of the department in
the assignment of a number. The department will deny issuance of a CA
number to any person the department determines to have been assigned
a CA number previously, unless the previously-assigned CA number no
longer exists in the department's files due to processes described in Sec-
tion 1235.5. Once a CA number ceases to exist in the records of the de-
partment due to processes described in Section 1235.5, that number shall
not be reassigned to any person, except when it was deleted by the depart-
ment's error.
(1) Pending a hearing pursuant to the Administrative Procedure Act of
the Government Code commencing with Section 1 1500, the department
may refuse to issue a new CA number to a legal entity that is owned or
managed, in whole or in pari, by an individual against whom the depart-
ment, the Department of Motor Vehicles, or the Public Utilities Commis-
sion has an unresolved action, and, in the department's opinion, the indi-
vidual's purpose in applying for the new CA number is to circumvent or
thwart the action.
(c) Name Changes. The department will update its records to reflect
a change in the legal name of any person who has been assigned a CA
number upon submission of satisfactory evidence that the new name rep-
resents the same legal entity currently associated with that CA number,
and the change is not the result of the formation of a new legal entity.
(d) Inactive Entities. A person who ceases to be subject to Section
34507.5 of the Vehicle Code shall retain or forfeit an existing CA number
according to the following:
(1) If a person ceases operations in California or fails to notify the de-
partment of a change of address pursuant to Section 1233.5 of this title
for three or more years, the department may consider the person inactive
and may place the person's CA number in inactive status. If the person
subsequently resumes operations in California, the person's inactive CA
number and its associated carrier record shall be restored to active status.
The person shall not be assigned a new CA number.
(2) If a person ceases operations in California, or fails to notify the de-
partment of a change of address pursuant to Section 1233.5 of this title
for six or more years, the department may consider the person no longer
to exist, or no longer subject to Section 34507.5 of the Vehicle Code, and
may purge the CA number and its associated records from the depart-
ment's record system. If the person resumes operations in California sub-
sequent to the purge of the records, the person' s original CA number shall
not be restored, and the person shall be treated as a new applicant pur-
suant to section 1235.1.
(3) The department may delay purging an inactive CA number and its
associated record from its automated system beyond the time frames in
subsections ( 1 ) or (2) for any reason, and is not obligated to place a record
in inactive status at any particular time.
(e) Mergers and Acquisitions. When two or more persons combine
into one organization through a merger, acquisition or other legal trans-
action, retention of existing CA numbers and issuance of new numbers
shall be governed as follows:
(1) When a new partnership, corporation, or limited liability company
is formed from former entities, some or all of whom held CA numbers,
the resulting new organization is a new person and shall apply for a new
CA number pursuant to Section 1235.1. The CA number of any former
entity that no longer exists or no longer operates vehicles that would
make it subject to Section 34507.5 of the Vehicle Code, may be placed
in inactive status by the department.
(2) When a person acquires another person's business assets and will
continue to operate as the same person he or she was prior to making the
acquisition, as opposed to reorganizing as a new legal entity, that person
shall retain his or her exi sting CA number and shall advise the department
which terminals purchased from the the former owner, if any, will be op-
erated by the new owner. If vehicles described in Vehicle Code Section
34500 are to be operated from any of those terminals, the department will
create new terminal records under the new owner's existing CA number
for those terminals, and will place the terminals at those addresses that
are under the former owner' s CA number in inactive status.
(3) All vehicles acquired in the transaction that are the subject of Sec-
tion 34507.5 of the Vehicle Code shall be remarked with the name or
DBA name and CA number of that person pursuant to that section, Sec-
tions 27900 and 27901 of that code, and Sections 1256 or 1256.5 of this
title.
(4) When ownership of a business operated as a sole proprietorship
passes from one individual to another, including the passage of owner-
Page 134.16
Register 2007, No. 41; 10-12-2007
Title 13
Department of the California Highway Patrol
§1236
ship between individual members of a family, the new owner is a differ-
ent person and shall apply for a new CA number unless he or she already
has one, in which case the transaction shall be treated as indicated in sub-
section (2).
(5) The new owner shall identify to the department the former entities
that were acquired and that no longer exist as separate legal entities. In
the case of acquisitions from an individual who will cease operations that
would cause him or her to be subject to Section 34507.5 of the Vehicle
Code, the new owner shall identify the former owner of the business or
other organization to the department.
(6) If the new owner is a motor carrier as defined in Section 408 of the
Vehicle Code, he or she shall identify which motor carrier terminals be-
longing to the former owner will continue to be operated as terminals of
the new owner. If the new owner is subject to Section 34507.5 of the Ve-
hicle Code solely because it is a motor carrier of property as defined in
Section 3460 1 of the Vehicle Code, but is not a motor carrier as defined
in Section 408 of the Vehicle Code, no business locations need be identi-
fied to the department except the new owner's principal place of busi-
ness.
(f) Divisions and Dissolutions. When a motor carrier or motor carrier
of property divides its operations into two or more new legal entities, the
retention of an existing CA number and issuance of a new CA number
shall be governed as follows:
( 1 ) When the original motor carrier or motor carrier of property contin-
ues to exist as the same legal entity, it shall retain the CA number it had
before the division, pursuant to subsection (d)(2).
(2) When the original motor carrier or motor carrier of property reor-
ganizes as a different entity type, or as the same type but a new legal enti-
ty, that entity shall apply for a new CA number pursuant to Section
1235.1.
(3) The portion of the original legal entity which has been separated
and formed into a new legal entity shall apply for a new CA number pur-
suant to Section 1235.1.
NOTE: Authority cited: Sections 34500 and 34501, Vehicle Code. Reference: Sec-
tions 34507.5, 34507.6, 34620(a) and 34621 (b)(4), Vehicle Code.
History
1. New section filed 3-20-2002; operative 4-19-2002 (Register 2002, No. 12).
§ 1235.5. Retention of Records by the Department.
(a) Deletion of CA Numbers. A CA number and its associated records
will be deleted from the department's automated record system for any
of the following reasons:
(1) A number was assigned in error to a person who was not subject
to Section 34507.5 of the Vehicle Code at the time the number was as-
signed.
(2) A second or subsequent number was assigned to the same person
in error. In this circumstance, any carrier or terminal information
associated with a superfluous CA number will be transferred to the per-
son's correct CA number.
(A) The department may, at its discretion, permit a person to choose
which CA number to keep and which to delete. This permission will not
be extended if either of the following conditions exist:
(i) The department is aware the person is currently the subject of any
legal proceeding in which any CA number associated with that person ap-
pears, or may appear, on any exhibit in the proceeding.
(ii) The person is subject to follow-up inspections after that person's
failure to attain a satisfactory compliance rating during any regulatory in-
spection performed by the department.
(3) The department has determined that the person no longer exists as
a legal entity or has ceased to be subject to Section 34507.5 of the Vehicle
Code, and sufficient time has passed that the department is unlikely to
need to refer to the record associated with that CA number, and legal ac-
tion against that person, as a motor carrier or a motor carrier of property,
is not pending or contemplated by the department, and is not known to
the department to be pending or contemplated by the Department of Mo-
tor Vehicles, the Public Utilities Commission, or the Federal Motor Car-
rier Safety Administration.
(4) The department will coordinate with the Department of Motor Ve-
hicles to ensure that deletion of a CA number does not cause the inadver-
tent invalidation of a motor carrier of property permit, and if the carrier
possesses such a permit, to arrange with the Department of Motor Ve-
hicles for corresponding correction of relevant information associated
with the permit in that agency's records, such as correction of the CA
number associated with it.
NOTE: Authority cited: Sections 34500 and 34501, Vehicle Code. Reference: Sec-
tions 34507.5, 34507.6, 34620(a) and 34621(b)(4), Vehicle Code.
History
1. New section filed 3-20-2002; operative 4-19-2002 (Register 2002, No. 12).
§ 1235.6. Reconciliation of Records.
(a) Conformance With This Article. The department maintains an on-
going effort to conform its electronic records to the requirements of this
article by each of the following actions:
(1) Identifying persons who may have been assigned more than one
CA number and consolidating all of that person's information under one
CA number, requiring the person to use only that single CA number, and
deleting superfluous CA numbers and their associated records from the
record system;
(2) Identifying CA numbers that represent multiple legal entities and
requiring each legal entity who is a motor carrier or a motor carrier of
property to obtain a separate CA number; and
(3) Identifying legal entities that have been assigned a CA number but
which are not. and never were, either a motor carrier or a motor carrier
of property, and removing those entities from the record system of the de-
partment after transferring any information to the record of the true own-
er, as appropriate.
(b) Time to Comply. In carrying out the objectives of subsection (a),
the department will use the most expeditious methods to communicate
with persons who are subject to this article, such as using telephone or
facsimile communications to the extent they are practical. When it is de-
termined that a "person" is actually multiple persons and additional CA
numbers are needed, or that a person has multiple CA numbers and one
or more of them must be discontinued, the department will grant a reason-
able period of time for the submission of new applications pursuant to
Section 1235.1, the updating of carrier identification information, and if
necessary, the remarking of vehicles pursuant to Section 34507.5 of the
Vehicle Code. The department will negotiate a date by which any neces-
sary remarking of vehicles with correct CA numbers will be accom-
plished, and provide to the person or persons a letter which can be copied
and carried in vehicles and shown to any peace officer to show that the
process of achieving compliance is in progress pursuant to a negotiated
agreement.
(c) Enforcement. It is not the intent of the department to take enforce-
ment action against any person who reasonably may not have known that
he or she has been using an incorrect CA number due to any of the cir-
cumstances indicated in subsection (a). Enforcement action shall be tak-
en only when the department has determined that a person is uncoopera-
tive in complying with the requirements of this article.
NOTE: Authority cited: Sections 34500 and 34501 , Vehicle Code. Reference: Sec-
tions 34507.5, 34507.6, 34620(a) and 34621(b)(4), Vehicle Code.
History
1 . New section filed 3-20-2002; operative 4-19-2002 (Register 2002, No. 12).
Article 7. Additional Requirements for
School Bus, SPAB, and Youth Bus Carriers
§ 1236. Reporting Driver Status.
(a) Dismissal. Dismissal of any driver for a cause relating to pupil
transportation safety shall be reported by the carrier to the Department
of Motor Vehicles within five days of the dismissal date.
(b) Employment or Training Status. Carriers shall notify the local CHP
office within 10 calendar days of the hiring of a certified school bus,
SPAB, or youth bus driver, or of any driver who fails to receive the train-
Page 134.17
Register 2007, No. 41; 10-12-2007
§1237
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
ing specified in California Education Code Sections 40082, 40083,
40084, 40085 and 40086 or Vehicle Code Section 12523.
NOTE: Authority cited: Sections 34501, 34501.5 and 34508, Vehicle Code; and
Sections 3983 1 , 40082, 40083, 40084, 40085 and 40086, Education Code. Refer-
ence: Sections 12523, 34501, 34501.5 and 34508, Vehicle Code; and Sections
39831, 40082, 40083, 40084, 40085 and 40086, Education Code.
History
1. Amendment of subsection (b) and Article 7 heading filed 10-28-82; effective
thirtieth day thereafter (Register 82, No. 44).
2. Change without regulatory effect amending subsection (b) and NOTE filed
1 0-7-96 pursuant to section 1 00, title 1 , California Code of Regulations (Regis-
ter 96, No. 41).
§ 1237. Reporting of Accidents.
Whenever a school bus, SPAB, or youth bus driver is involved in an
accident specified in Section 1219, that requires the Department to be no-
tified immediately by the driver, the carrier shall ensure the accident has
been reported within 24 hours to the department and the superintendent
of the school district for which the bus was operated. If the driver is physi-
cally incapable of reporting the accident, the carrier shall make the re-
quired notifications immediately upon becoming aware of such accident.
NOTE: Authority cited: Sections 34501, 34501.5 and 34508, Vehicle Code; and
Section 39831 , Education Code. Reference: Sections 546, 12523, 34501 , 34501 .5
and 34508, Vehicle Code; and Section 39831, Education Code.
History
1. Amendment filed 8-27-82; effective thirtieth day thereafter (Register 82, No.
35).
2. Amendment filed 10-28-82; effective thirtieth day thereafter (Register 82, No.
44).
3. Amendment filed 4-27-83; effective thirtieth day thereafter (Register 83, No.
18).
§1238. School Bus Stops.
(a) Designated Stops. School bus and SPAB stops made for receiving
and discharging pupils shall be designated by the school district superin-
tendent.
(b) Prohibited Stops. A school bus stop shall not be designated at the
following locations:
(1) Within 200 ft of the nearest rail of any railroad crossing or grade,
except at railroad stations or on highways that parallel the railroad tracks
(2) The left-hand side of any highway
(3) On a divided or multiple-lane highway where pupils must cross the
highway to board or after exiting the bus, unless traffic is controlled by
a traffic officer or official traffic control signal. For the purposes of this
subsection, a multiple-lane highway is defined as any highway having
two or more lanes of travel in each direction.
(c) CHP Approval. Unless approved by the department, a school bus
stop shall not be designated at the following locations:
(1) Upon the main traveled portion of a highway where there is not a
clear view of the stop from 500 ft in each direction along the highway and
the speed limit is more than 25 mph.
(2) On a highway, pursuant to Vehicle Code Section 22504(c)
NOTE. Authority cited: Sections 34501.5 and 34508, Vehicle Code; and Section
39831, Education Code. Reference: Sections 22504, 34501 .5 and 34508, Vehicle
Code; and Section 39831, Education Code.
History
1. Amendment filed 4-9-79; designated effective 6-1-79 (Register 79, No. 15).
2. Editorial correction of subsection designation in subsection (b) (Register 79,
No. 17).
3. Amendment filed 4-27-83; effective thirtieth day thereafter (Register 83, No.
18).
4. Amendment of subsection (b)(3) filed 10-30-91; operative 11-29-91 (Register
92, No. 6).
Article 7.5. Commercial Vehicle
Out-of-Service Criteria
§ 1239. Commercial Vehicle Safety Alliance North
American Standard Out-of-Service Criteria.
(a) Applicability. This article shall apply to those vehicles described
in Sections 260, 322, 15210 and 34500 of the California Vehicle Code.
(b) Incorporation by Reference. This article incorporates by reference
portions of the Commercial Vehicle Safety Alliance North American
Standard Out-of-Service Criteria including Part I (with the exception of
those items related to waiver of physical disqualification), Part II, and
Part III. All references to the Commercial Vehicle Safety Alliance North
American Standard Out-of-Service Criteria in this article are those crite-
ria published on January 1, 2004.
(c) Availability of Referenced Criteria. Copies of the Commercial Ve-
hicle Safety Alliance North American Standard Out-of-Service Criteria
can be obtained from:
COMMERCIAL VEHICLE SAFETY ALLIANCE
1101 17th STREET, N.W.. SUITE 803
WASHINGTON. DC 20036
NOTE: Authority cited: Sections 2402, 2410, 31401 and 34501, Vehicle Code.
Reference: Sections 260. 322, 2402, 2410, 2804. 12500, 12502, 12515(b), 14603,
15210, 15250, 15275, 15278, 23152, 24002, 24400. 24252, 24600, 24603, 24604,
24952, 27154, 27155, 27465, 27501, 27903, 29001, 29002, 29003, 29004, 31401,
34500, 34501, 34506, 34510 and 34520, Vehicle Code.
History
1 . New article 7.5 (section 1 239) and section filed 8-2-99; operative 9-1-99 (Reg-
ister 99, No. 32).
2. Amendment of section heading, section and Note filed 7-10-2002; operative
8-9-2002 (Register 2002, No. 28).
3. Amendment of subsection (b) and amendment of the document, Commercial
Vehicle Safety Alliance North American Standard Out-of-Service Criteria (in-
corporated by reference) filed 5-6-2003; operative 6-5-2003 (Register 2003,
No. 19).
4. Amendment of subsections (b) and (c) filed 6-15-2006; operative 7-15-2006
(Register 2006, No. 24).
Article 8. General Equipment Requirements
§ 1240. Federal Motor Vehicle Safety Standards.
A Federal Motor Vehicle Safety Standard that conflicts with an equip-
ment provision of this title as to the same aspect of performance shall su-
persede that specific provision of this title with respect to vehicles man-
ufactured and maintained in compliance with applicable federal
standards.
§ 1241. Major Changes.
Unless otherwise specified, these regulations shall not require major
reconstruction or major additions to vehicles in service on March 1 , 1 965.
However, this section shall not limit the power of the department to pro-
mulgate regulations for changes or additions based upon a demonstrated
need in the interest of safety.
§1242. Fire Extinguishers.
Every motor vehicle or combination of vehicles (except those other-
wise specified below) shall be equipped with one fully charged fire extin-
guisher having at least a 4B:C rating.
(a) Approvals. Each fire extinguisher shall have been rated and labeled
by one of the following test labs approved by the State Fire Marshal to
test and label portable fire extinguishers for sale in California.
(1) Underwriter's Laboratories, Northbrook, Illinois. All sizes and
classifications.
[The next page is 135.]
Page 134.18
Register 2007, No. 41; 10-12-2007
Title 13
Department of the California Highway Patrol
§1245
(2) Factory Mutual Research Corporation, Norwood, Massachusetts. Table I. Required Units in First Aid Kits
Sizes 10B:C,1A 10B:C,2A40B:C,3A4QB:C, and 4A80B:C fire extin-
guishers filled with Halon 121 J or Halon 1301. Number of Passengers
(b) Prohibited Extinguishers. Fire extinguishers using any carbon te-
trachloride, chlorbromomethane, or methyl bromide as extinguishing Unit 1-16 17-42 43 or more
agents shall not be carried for use in or about any vehicle.
(c) Exceptions. This section shall not apply to vehicles (except school l-in. adhesive compress 1 2 2
buses, SPABS, youth buses, farm labor vehicles, and GPPVs) operated 2-in. bandage compress 1 2 2
solely within a 5-mile radius of one or adjoining municipalities, vehicles 3-in. bandage compress 1 1 2
subject to more restrictive provisions in this title or other code, or ve- 4~'n- bandage compress I 1 2
hides in any "driveaway-towaway operation" as defined in Section 303 Eye dress,n? Pa<*et 0 cotton eye
,.,,,,., ^ , pads, 3 sets adhesive plastic
of the Vehicle Code. strips) 1
(d) Securement. Each fire extinguisher shall be securely mounted on piajn gauze pacjs (3 x 3_jn ) \ \ \
the motor vehicle or trailer in a conspicuous place or a clearly marked Gauze roller bandage (2 rolls,
compartment and readily accessible. 2 in. x 6 yd.) 1 1 2
(e) Maintenance. Each fire extinguisher shall be maintained in effi- Plain absorbent gauze (1/2 sq. yd.) .12 4
cient operating condition and equipped with some means of determining Plain aDSOrbent gauze(24 x 72-in.) .12 3
.r. .;.,,, . Triangular bandages (40-in.) 1 3 4
if it is fully charged. Scissors, tweezers .. . L L L
(f) School Bus Fire Extinguishers. In addition to the other require- TOTALUNITS 10 16 24
ments of this section, school buses shall be equipped with one or two ex-
tinguishers having an aggregate rating of not less than 8B:C units, pro- NoTE- Authority cited: Sections 31401, 34501, 34501.5 and 34508, Vehicle
a a u ♦■ • ha ■ ,a , „ft( iMr *,„ >in.p 1 ...l^L; Code. Reference: Sections 31401, 34501 and 34501.5, Vehicle Code,
vided each extinguisher is rated at not less than 4B:C. A wheelchair „
school bus shall be equipped with two extinguishers, each one rated at not 1 Amendment of subsection (c) and dealer of subsection (d) filed 5-1 4-79; ef-
less than 8B:C; one to be placed in the driver's compartment and the other fective July 1, 1979 (Register 79, No. 19).
at the wheelchair loading door or emergency exit. 2. Amendment filed 8-31-83; effective thirtieth day thereafter (Register 83, No.
(1) School bus fire extinguishers shall be inspected and serviced only 36).
by a person, firm, or organization authorized to do so by the State Fire 3. Amendment of subsections (a) and (c) filed 4-16-86; effective thirtieth day
Marshal thereafter (Register 86, No. 16).
(2) Inspection or servicing shall be done at yearly intervals or at inter- 4' £™£d)ment of subsectlon ^ flled ^6~^ °Perat,ve 9"15-88 ^Register 88'
vals prescribed in regulations adopted by the State Fire Marshal, which- 5 Amendment of subsection (c) (Table 1) and Note filed 4-15-98; operative
ever intervals are shorter. 5-15-98 (Register 98, No. 16).
NOTE: Authority cited: Sections 31401, 34501, 34501.5, 34501.8 and 34508, Ve- -*OAA T.
hide Code; and Section 39831, Education Code. Reference: Sections 31401, 9 '244. I ires, Hims, and Wheels.
34501, 34501.5, 34501.8 and 34508, Vehicle Code; and Section 39831, Education All tires, rims, and wheels used on vehicles subject to these regulations
Code, shall comply with the requirements of Article 14, Chapter 4, of this title,
History beginning with Section 1080, and the following provisions:
1. Amendment of subsection (c) filed 7-30-80; desienated effective 9-1-80 (Reg- , , A1 . „., , XT , „ ,. , , , t , ,
ister80 No 31) (a) Aluminum Wheels. No aluminum alloy disc wheel demountable
2. Amendment of subsection (c) filed 5-15-81 ; effective thirtieth day thereafter at the hub and manufactured on or before September 30, 1955, shall be
(Register 81, No. 20). used on the front or steering axle(s) of a motor vehicle or the leading ve-
3. Amendment filed 1 1-5-81 ; effective thirtieth day thereafter (Register 81, No. ^ Qf fl vehide combination
4. Amendment filed 10-28-82; effective thirtieth day thereafter (Register 82, No. (b) Spare Tires. Externally mounted spare tires shall be contained and
44). supported by tire carriers or other means specifically designed for the
5. Amendment filed 10-28-86; effective thirtieth day thereafter (Register 86, No. purpose and secured tQ preyent accidental re]ease of the tires
6. Amendment of subsection (c) filed 8-16-88; operative 9-1 5-88 (Register 88, (c) School Bus Tires and Rims. All tires and rims used on school buses
No. 34). shall comply with the following requirements:
§ 1242.5. Liquid Burning Flares, Fusees, Oil Lanterns, etc. W A11 tires on a sch°o1 bus shal1 be of the same size> excePl as other-
Liquid burning flares, fusees, oil lanterns, or any signal produced by wise sPecified on the Federal data Plate or labeL
a flame shall not be carried on any commercial motor vehicle using com- ^ A1] TyPe l sch°o1 buses sha11 have dual tires on the rear axle-
pressed gas as a motor fuel ^ No t,re sha11 be Permtted inside a TyPe l school bus, nor shall any
NOTE: Authority cited: Section 34501, Vehicle Code. Reference: Section 34501, tire compartment project into the passenger compartment. Spare tires
Vehicle Code. snaU be secured to the vehicle and shall not be placed across a window.
History entrance, or any exit, or in any position that may endanger the occupants.
1. New section filed 6-17-96; operative 7-17-96 (Register 96, No. 25). NOTE: Authority and reference cited: Section 34508, Vehicle Code.
History
§ 1243. First Aid Kits. 1. Amendment of subsection (b) filed 4-2-81; effective thirtieth day thereafter
(a) Vehicles Required to Carry Kits. Every school bus, youth bus, farm (Register 81 , No. 14).
labor vehicle, and GPPV shall carry a readily visible, accessible, and 2- ^^ no"^0" (c) f'led 4~16~86; effective thinieth day thereafter
plainly marked first aid kit. 3 Change without regulatory effect amending first paragraph filed 5-1 1-95 pur-
(b) Construction. The kit shall be constructed to prevent dust and mois- suant to section 100, title 1, California Code of Regulations (Register 95, No.
ture from reaching the contents and maintained in good condition. The 19-*-
kit shall be removable from the place secured. § 1 245. Brakes — All Vehicles.
(c) Minimum Requirements. The required contents of school bus first (a) Reciprocating Compressor Discharge Line — Every part of the first
aid kits and the required number of units (determined by the number of 24-inch length of a reciprocating air compressor discharge line, mea-
passengers a school bus is designed to carry) are shown in Table I. Each sured from the compressor discharge port, shall be designed to withstand
youth bus and farm labor vehicle shall be equipped with a 10-unit first at least 450 degrees Fahrenheit for continuous service and, if flexible
aid kit (Table I). First aid kits in use that conform to the former U. S. De- hose, shall be reinforced by at least one layer of wire braid. The entire air
partment of Transportation regulations on first aid kits for buses will con- discharge line and its couplings shall show no leakage under a pressure
tinue to be accepted. of 200 pounds per square inch for 5 minutes. This provision does not ap-
Page 135 Register 2001, No. 27; 7-6-2001
§1245
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
ply lo school buses manufactured prior to January 1 , 1968. or to vehicles
manufactured on and after March I, 1975, in compliance with FMVSS
121 (49 CFR 571.121).
(b) Check Valves — Motor vehicles equipped with a check valve in
compliance with Vehicle Code Sections 26507 and 26522 shall have a
readily accessible means for testing proper operation of the valve, and
tools needed for the test shall be carried in the vehicle. The means shall
not consist of loosening any connection between the source of com-
pressed air or vacuum and the check valve. This provision does not apply
to Type 1 school buses manufactured prior to January 2, 1968.
(1) In air brake systems, the means shall be a manually operated drain
cock or other device between the check valve and the compressor.
(2) In vacuum systems, the means may be the stopping of the engine.
(c) Air Reservoirs — Property-carrying vehicles first sold and regis-
tered after January 1, 1967, school buses, farm labor vehicles, and Type
1 buses, equipped with air or vacuum brakes, shall have a reserve capac-
ity sufficient to ensure a full service brake application with the engine
stopped without depleting the air pressure or vacuum below 70 percent
of that indicated by a gauge immediately before the brake application.
Such vehicles manufactured on and after March 1, 1975, and equipped
with air brakes shall have a reserve capacity sufficient to ensure a full
brake application with the engine stopped without depleting the air pres-
sure below 85 percent of that indicated by a gauge immediately before
the application.
(1) Air Reservoir Specifications — Air brake reservoirs installed as
original equipment on vehicles manufactured in compliance with
FMVSS 121 (49 CFR 571.121) are not required to be marked. Replace-
ment air brake reservoirs shall met SAE J10 in the 1965 or later edition
of the SAE Handbook and be marked with the manufacturer's initials fol-
lowed by "SAE J10 150 psi Rated Working Pressure" and the date of
manufacture. Auxiliary air tanks shall meet the requirements of Section
1252 of this title.
(2) Air Reservoir Drains — Air reservoirs used in brake systems shall
have means other than a plug for draining water and contaminants from
the lowest portion of the reservoir. Multicompartment air brake reser-
voirs shall provide such means for draining each compartment.
(d) Air Row Restriction — Any valve or other mechanism of an air
brake system that restricts the free flow of compressed air between the
brake application control and the brake actuators at application pressures
above 1 0 pounds per square inch under normal operating conditions shall
comply with the brake equipment requirements in Article 12, Chapter 4,
of this title, beginning with Section 1061, except as provided in Vehicle
Code Section 26311(b) governing reduced braking effort on front
wheels.
(e) Detachable Connections — Detachable air or vacuum connections
shall be constructed, installed, and maintained to ensure against acciden-
tal disconnection. When connections at the end of flexible air lines are
left detached, they shall be adequately protected against the entrance of
dirt.
(f) Brake Tubing and Hose Requirements — Tubing, pipe, and hose
used in air, vacuum, or hydraulic brake systems shall be:
(1) designed and constructed in a manner that ensures proper, ade-
quate, and continued functioning,
(2) sufficiently long and flexible to accommodate without damage all
normal motions of the parts to which it is attached,
(3) suitably secured against chafing, kinking, or other mechanical
damage,
(4) installed in a manner that prevents contact with the vehicle's ex-
haust system or other source of high temperature, and
(5) installed in a manner that ensures proper continued functioning and
that is free of leaks, constrictions, or other defects.
(A) Tubing or pipe shall be supported to minimize fatigue.
(B) Metal-to-metal contact shall be avoided by the use of soft nonme-
tallic cushions at points of support.
(C) Tubing or pipe shall be protected against road hazards either by a
protected location or adequate shielding at exposed areas.
(D) Protective loom, where used, shall be both water and acid resistant.
(E) Vacuum brake systems shall be connected to the engine manifold
with fittings at least 3/8 inch in inside diameter.
(g) Brake Tubing and Hose Connections — Connections for air, vacu-
um or hydraulic brake systems shall:
(1) be adequate in material and construction to ensure proper contin-
ued functioning.
(2) be designed, constructed, and installed to ensure an attachment free
of leaks, constrictions, or other defects when properly connected, and
(3) use fittings that meet SAE J512 OCT 80, Automotive Tube Fit-
tings, or SAE J246 MAR 81, Spherical and Flanged Sleeve (Compres-
sion) Tube Fittings, for tubing splices made on a vehicle on or after July
1, 1992.
(h) Brake Tubing — Metallic tubing shall only be used where relative
movement in the line does not occur.
(1) On vehicles manufactured after July 1, 1992, and on any replace-
ments made to the brake line on any vehicle after this date, nonmetallic
(plastic) brake tubing shall only be used where relative movement does
not occur or through an articulation point provided movement is less than
4.5 degrees in a vertical plane and 7.4 degrees in a transverse horizontal
plane. Plastic tubing shall not touch or be attached to leaf, coil, or air sus-
pension springs.
(2) Brake Hose and Coiled Nonmetallic Tubing — Brake hose and
coiled nonmetallic brake tubing is for use where substantial relative
movement in the line occurs or the line is exposed to potential tension or
impact such as between the frame and axle in a conventional suspension
system. Only coiled nonmetallic brake tubing or brake hose may be used
for connections between towed and towing vehicles or between the frame
of a towed vehicle and the sliding subframe of an adjustable axle of that
vehicle. If coiled nonmetallic brake tubing is used in these locations it
shall be encased in a spring guard or similar device which resists kinking
of the tubing at the fittings to which it is attached.
(i) Air Brake Tubing Standards — Air brake tubing that is original
equipment on a vehicle at time of manufacture is not required by FMVSS
to meet any requirement but is subject to National Highway Traffic Safe-
ty Administration (NHTSA) recall if it become a safety defect. Replace-
ment brake tubing installed on or after July 1,1992, shall meet the follow-
ing Society of Automotive Engineers Standards:
(1) Metallic Tubing — Metallic tubing shall be copper tubing or galva-
nized steel pipe meeting SAE JI 149, Metallic Air Brake System Tubing
and Pipe. Copper tubing shall be permanently and legibly marked "Air
Brake."
(2) Nonmetallic Tubing — Nonmetallic tubing shall meet SAE J844,
Nonmetallic Air Brake System Tubing, Type B (reinforced). Such tubing
shall be identified in contrasting color with the markings "Airbrake, SAE
J844 Type B," the nominal outside diameter of the tubing in inches, and
the tubing manufacturer' s name or symbol.
(j) Brake Hose Standards — Air, hydraulic, and vacuum brake hoses
installed on and after September 1 , 1974, shall comply with FMVSS 106,
Brake Hoses (49 CFR 571.106), except S 12 and SI 3.
(1) Original Equipment Components — Components that are original
equipment on a vehicle at time of manufacture are not required by
FMVSS to be identified in any manner but are subject to NHTSA recall
for noncompliance with the performance requirements of the standards.
(2) Brake Hose — Air, hydraulic, and vacuum brake hose manufac-
tured on or after September 1, 1974, shall be marked in letters at least 1/8
inch high with "DOT", the hose manufacturer's designation, the month
and year of manufacture, and the nominal inside diameter of the hose.
FMVSS 106 does not require these markings to be visible on a completed
brake hose assembly.
(3) Replacement Air Brake Hose Assemblies — Replacement air brake
hose assemblies manufactured on or after September 1, 1974, with end
fittings attached to the hose by crimping or swaging shall have at least one
end fitting etched, stamped, or embossed with a designation at least 1/1 6
inch high that identifies the hose assembly manufacturer.
(4) Air Brake Hose Fittings — Air brake hose fittings manufactured on
or after September 1 , 1974, that are not crimped or swaged shall have at
Page 136
Register 2001, No. 27; 7-6-2001
Title 13
Department of the California Highway Patrol
§1246
least one component etched, stamped, or embossed in block capital let-
ters, numerals, or symbols at least 1/16 inch high with "DOT", a designa-
tion that identifies the manufacturer of that component of the fittings,
"A" for nonreusable fittings at "AI" or "AIT" for reusable fittings, and the
nominal inside diameter in inches or millimeters (or outside diameter of
plastic tubing) to which the fitting is properly attached.
(5) Hydraulic Brake Hose Assemblies — Hydraulic brake hose assem-
blies manufactured on and after September 1, 1974. shall have at least
one end fitting etched, stamped, or embossed with a designation at least
1/16 inch high that identifies the manufacturer of the assembly. Each
hose shall have at least two clearly identifiable stripes at least 1/16 inch
wide placed on opposite sides of the hose parallel to its longitudinal axis,
except where the end fittings prevent its installation in a twisted orienta-
tion on either side of the vehicle.
(6) Vacuum Brake Hose Assemblies — Vacuum brake hose assem-
blies manufactured on or after September 1, 1974, with end fittings that
are attached to the hose by crimping or swaging, or to plastic tubing by
heat shrinking or interference fit, shall have at least one end fitting
etched, stamped, or embossed with a designation at least 1/16 inch high
that identifies the manufacturer of the assembly.
(7) Manufacturer's Option — At the manufacturer's option, brake hose
assemblies may instead be marked by a band around the assembly with
the letters "DOT" and with a designation that identifies the hose assem-
bly manufacturer, in letters, numerals, or symbols at least 1/16 inch high.
(k) Air Leakage Rates — Air leakage with the engine stopped and the
air reservoir pressure at governor cutout as specified in Section 1061(b)
of this title shall not exceed the following rates.
(1) With service brake released and air or spring parking brakes
applied:
2 pounds per square inch per minute for single vehicles,
3 pounds per square inch per minute for combinations of two vehicles,
and
5 pounds per square inch per minute for combinations of three or more
vehicles.
(2) With service brakes applied and air or spring parking brakes re-
leased:
3 pounds per square inch per minute for single vehicles,
4 pounds per square inch per minute for combinations of two vehicles,
and
6 pounds per square inch per minute for combinations of three or more
vehicles.
(3) No leakage shall occur in tubing or hose even if the overall leakage
is less than the specified limit.
(/) Hydraulic Brakes — The pressure of hydraulic brakes shall not be
higher than the manufacturer's rated capacity of the hose assemblies.
NOTE: Authority cited: Sections 26502, 31401, 34501, 34501.5 and 34508, Ve-
hicle Code. Reference: Sections 26502, 31401, 34501, 34501.5 and 34508, Ve-
hicle Code.
History
1 . Amendment of subsection (c)(4) filed 10-22-8 1 ; effective thirtieth day thereaf-
ter (Register 81 , No. 43).
2. Amendment filed 8-31-83; effective thirtieth day thereafter (Register 83, No.
36).
3. Change without regulatory effect of subsection (e) (Register 86, No. 48).
4. Repealer and new section filed 5-14-92; operative 6-15-92 (Register 92, No.
20).
5. Editorial correction of printing error in subsection (i)(2) (Register 94, No. 2).
6. Repealer of subsection (d), subsection relettering, and amendment of newly des-
ignated subsection (j)(5) filed 9-6-95; operative 10-6-95 (Register 95, No. 36).
§ 1246. Brakes — School Buses and Farm Labor Vehicles.
The following additional brake requirements shall apply to school
buses and farm labor vehicles:
(a) Air Brakes — Type 1 school buses having 1 0 or more rows of seats
and manufactured after January 1 , 1 970, and prior to April 1 , 1 977, shall
be equipped with full compressed air brakes. Type 1 school buses
equipped with air brakes and manufactured after January 1, 1953, shall
have at least two reservoirs connected in series. On all school buses man-
ufactured on or after July 1, 1970, the air-actuated devices outside the
service and emergency brake systems shall also be provided with a reser-
voir equal to at least six times the total volume at full travel of all auxiliary
devices supplied by the reservoir. The reservoir requirement for the air-
actuated devices outside the service and emergency brake systems shall
not apply to school buses manufactured on or after March 1, 1975, in
compliance with FMVSS 121 (49 CFR 571.121).
(b) Warning Devices — Type 1 school bus brake systems shall have
warning devices as follows:
(1) Air brakes shall have a buzzer or other audible warning signal and
a visual, air-operated, flag-type warning device, both used exclusively
for the brake system. Both devices shall give a continuous warning when
the air supply pressure in the first reservoir to receive air from the com-
pressor, or any service reservoir, drops below a fixed pressure as speci-
fied by Vehicle Code Section 26506. The flag-type device is not required
on vehicles manufactured on or after March 1 , 1975, in compliance with
FMVSS 121 (49 CFR 571.121).
(2) Vacuum brakes shall have a buzzer or other audible warning signal
and a visual, vacuum-operated, flag-type warning device, both used ex-
clusively for the brake system. They shall provide continuous warning
to the driver when the vacuum in the supply system drops to 8 inches of
mercury and less. The requirement for the flag device shall not apply to
vehicles manufactured with a dual or split type service brake system
powered by power-assist vacuum chambers.
(3) The visual warning devices required in (1) and (2) shall be readily
visible to the driver when seated in the normal driving position.
(4) Override switches are prohibited for audible warning devices re-
quired in (1) and (2).
(5) The requirements in (1) and (2) for warning devices to be used ex-
clusively for the brake system shall not be construed to prohibit multi-
channel warning devices that monitor other vehicle systems in addition
to the brake system if such devices provide a clear brake system warning
that cannot be activated by any of the other monitored vehicle systems.
(c) Brake System Modification — Brakes on Type 1 school buses may
be modified only with the written approval of the school bus chassis man-
ufacturer or by using brake system options of a type available from the
bus manufacturer and represented by the bus manufacturer as suitable for
use on the specific model school bus. Modifications shall not render the
brake system in violation of the provisions of this title or of any other law
or regulation. Modifications shall not render inoperative any item of bra-
ke-related equipment nor diminish any aspect of performance of a brake
system manufactured in compliance with FMVSS 121, except as per-
mitted by written ruling of the National Highway Traffic Safety Admin-
istration.
(1) Air system cleaning devices, such as automatic condensate drains
and air dryers, are not considered a modification of the brake system if
they are installed in accordance with the component manufacturer's in-
structions.
(2) A conversion from an air brake chamber that has an air applied
parking brake or emergency stopping system function to a brake chamber
that has a spring applied parking brake or emergency stopping system
function, or vice versa, is not considered a modification if the conversion
is made in accordance with the substitute component manufacturer's in-
structions.
(3) Any advisory recommendations by the component manufacturer
shall be considered mandatory. The instructions shall be retained by the
school bus operator for reference by California Highway Patrol person-
nel for comparison with the completed installations.
(d) Service Brake System — Type 1 school buses manufactured on and
after January 1, 1968, shall comply with the following requirements:
( 1 ) Foot Pedal Travel — The travel of hydraulic brake foot pedals shall
not exceed 60 percent of the available travel when measured statically at
the minimum pedal force required for compliance with Vehicle Code
Sections 26454 on stopping distance.
(2) Air or Vacuum Reservoirs — The combined volume of all service
reservoirs shall be at least 12 times the combined volume of all service
brake chambers at maximum travel of the pistons or diaphragms.
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Register 2001, No. 27; 7-6-2001
§1247
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(3) Check Valves — Brake systems safeguarded by the check valve ref-
erenced in Section 1245(b) of this title shall meet the following require-
ments:
(A) Air Brake System — At least half of the required air reservoir ca-
pacity shall be safeguarded to prevent the stored air from being depleted
by any failure or leakage in the connection to the source of compressed
air. Air supply for the service brakes shall be protected so that failure of
the air-actuated devices outside the service brake system will not drop
the service brake supply system pressure to less than 60 pounds per
square inch.
(B) Vacuum Brake System — The required vacuum brake system res-
ervoir capacity shall be safeguarded to prevent the stored vacuum from
being depleted by any failure or leakage in its connection to the source
of vacuum. The supply of vacuum for all devices or systems other than
the brake system shall be drawn from between the brake system check
valve and the source of vacuum.
(e) Emergency Stopping System — Type 1 school buses manufactured
after January 1, 1968, shall comply with the following emergency stop-
ping system requirements:
(1) The brakes shall be capable of being applied, released, and
reapplied by the driver but shall not be capable of being released from the
driver's seat after any reapplication unless energy is available for an im-
mediate reapplication.
(2) The brakes shall be manually applied and released under modu-
lated control by the driver to maintain directional stability during a com-
plete emergency stop.
(3) Failure or malfunction of any part in either the emergency stopping
system or the service brake system shall not leave the vehicle without op-
erative brakes capable of stopping the vehicle loaded up to the manufac-
turer's gross vehicle weight rating within the requirements of California
Vehicle Code Section 26508(k)(3).
This provision does not apply to a failure in the mechanical parts of the
wheel brake assemblies or the brake pedal and linkage to the brake valve
or master cylinder.
(4) School buses manufactured on or after March 1, 1975, in com-
pliance with FMVSS 121 (49 CFR 571.121) and maintained in com-
pliance with that standard, shall be deemed in compliance with this sub-
section.
(f) Reservoir Capacity — The reservoir capacity of school buses and
farm labor vehicles shall be sufficient to complete one operation of the
doors after the engine has stopped and the brakes have been fully applied.
NOTE: Authority cited: Sections 31401 and 34508, Vehicle Code. Reference: Sec-
tions 31401 and 34508, Vehicle Code.
History
1. Amendment of subsections (b)(2) and (d)(3)(A) filed 6-9-82; effective thirtieth
day thereafter (Register 82, No. 24).
2. Amendment of subsection (b)(1) filed 4-16-86; effective thirtieth day thereaf-
ter (Register 86, No. 16).
3. Repealer and new section filed 5-14-92; operative 6-15-92 (Register 92, No.
20).
4. Editorial correction of printing error in subsection (e)(3) (Register 92, No. 29).
5. Change without regulatory effect amending subsection (d)(3)(B) and Note filed
5-1 1-95 pursuant to section 100, title 1 , California Code of Regulations (Regis-
ter 95, No. 19).
§ 1247. Towing Equipment.
The lower half of the fifth wheel on any truck, tractor, or dolly shall
be securely attached to the frame by nonwelded U-bolts of adequate size
or other equally effective means. Capscrews and bolts used to secure the
fifth wheel to the vehicle frame shall meet SAE Standard J429 for Grade
5 threaded fasteners in the 1965 or any later edition of the SAE Hand-
book, and shall be installed so that the frame will not crack, warp, or be-
come deformed. Positive means shall be provided to prevent the lower
half of the fifth wheel from shifting on the frame to which it is attached.
Locking devices on a sliding fifth wheel shall have sufficient strength to
control the gross weight of the vehicle or combination of vehicles being
towed. All fifth wheel components shall be maintained in good condi-
tion.
§1248. Storage Batteries.
Every storage battery on a motor vehicle first sold and registered after
January 1, 1967, unless located in the engine compartment, shall be pro-
tected by a substantial and securely fastened enclosure or removable cov-
er. Battery compartments and all adjacent metal parts subject to corrosion
from battery leakage shall be finished with an acid-resistant substance,
and the compartments shall be vented to provide adequate battery venti-
lation and drainage. Cables passing through a metal compartment to the
starting motor shall be insulated against grounding by acidproof and wa-
terproof bushings. When both the battery and the fuel tank are installed
under the driver's seat, they shall be separated by a partition, and each
compartment shall be provided with independent covering, ventilation,
and drainage.
§1249. Wiring.
Wiring and fuses on vehicles shall be as follows:
(a) Specifications. Wiring for circuits shall be constructed and in-
stalled to conform with mechanical and electrical requirements not less
than those recommended for automobile wiring in the 1952 or any later
edition of the SAE Handbook. Required lamps shall be connected to the
source of power with stranded wire. This shall not prohibit use of the
frame or other metal parts of a motor vehicle as a ground-return system,
provided there is adequate electrical grounding between towing and
towed vehicles.
(b) Wiring Protection. Wires shall be grouped together and protected
either by nonmetallic tape, braid, or other covering capable of withstand-
ing severe abrasion or a metallic sheath or tube. Wiring shall be properly
supported and located so as to avoid becoming charred, overheated, or
enmeshed in moving parts. Insofar as is practical, wiring shall not be ad-
jacent to any part of the fuel system. Unless the wiring is metal covered,
the edges of all holes in metal through which the wiring passes shall be
rolled or bushed with a grommet of rubber or other suitable material.
(c) Wire Size and Connectors. Wires shall be of sufficient size to elimi-
nate excessive voltage drop and to prevent overheating. All joints shall
be soldered or fastened both mechanically and electrically with equally
effective connectors and shall be insulated. Voltage at the bulb sockets
when lamps are burning shall be at least 85% of the design voltage of the
bulb with the engine running.
(d) Detachable Connections. The electrical wiring of detachable con-
nections between towing and towed vehicles shall be contained in a
cable, cables, or other substantially constructed protective device, and
shall be mechanically and electrically adequate and free of short or open
circuits. Suitable provisions shall be made for the prevention of an incor-
rect connection or an accidental disconnection. Any detachable connec-
tion made by twisting wires together from the towed and towing units is
prohibited. Wires or cables shall have sufficient slack to accommodate
all normal motion of the parts to which they are attached without damage
to the connection.
(e) Spare Fuses. Each combination of vehicles or each motor vehicle
if operated singly shall be equipped with at least one spare fuse or other
overload protective device, if the devices used are not of a reset type, for
each kind and size used. In driveaway-towaway operations, spares lo-
cated on any one of the vehicles will be deemed adequate.
NOTE: Authority cited: Section 34501, Vehicle Code. Reference: Section 34501,
Vehicle Code.
History
1 . Amendment of first paragraph and new subsection (e) and Note filed 6-1 7-96;
operative 7-17-96 (Register 96, No. 25).
§ 1250. School Bus Wiring.
Additional requirements for school bus wiring are as follows:
(a) All school buses shall be equipped with spare fuses of each size
used.
(b) All interior wiring for Type 1 school buses constructed after Janu-
ary 1, 1953, and Type 2 school buses constructed on and after July 1,
1970, shall be concealed, and all exposed wiring shall be protected with
a waterproof insulation.
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Title 13
Department of the California Highway Patrol
§1254
•
(c) The wiring of each Type I school bus constructed after January J ,
1953, shall be arranged in at least ten circuits: (I) starting, (2) ignition,
(3) headlamps, taillamps and dash lamps, (4) stop lamps, (5) flashing red/
amber lamps, (6) turn signal lamps, (7) clearance lamps and/or side-
marker lamps and stepwell lamps, (8) interior lamps, (9) heaters, defrost-
ers, etc., and (10) horn. Each circuit except ignition circuits shall be
protected by a separate fuse or circuit breaker with a rating no greater than
the safe capacity of the circuit. Fuses, circuit breakers, flashers, pilot
lamps, and switches shall be mounted in accessible locations. Head
lamps and tail lamps shall be illuminated by a common switch.
(d) Ignition circuits on all school buses manufactured after July 1 ,
1 980, shall incorporate a key-type switch that will stop the engine when
the switch is turned to the off position.
NOTE: Authority and reference cited: Section 34508, Vehicle Code.
History
1 . New subsection (d) filed 4-3-80; designated effective 7-1-80 (Register 80, No.
14).
2. Amendment of subsection (c) filed 9-6-95; operative 10-6-95 (Register 95,
No. 36).
§ 1251. Dump Body Vehicle Equipment.
Every vehicle equipped with a dump body that tilts to release its load
through an opening at the rear by gravity, or a hopper body that releases
its load without tilting through a bottom-hinged opening, shall comply
with the following applicable requirements:
(a) Identification of Load Release Functions. Identification plates, la-
bels, or markings shall clearly indicate the functions of hopper body load
release actuator switches and valves and of dump body elevating controls
located in driver's compartments.
(b) Electrical Load Release Controls. Electrical wiring circuits used to
actuate hopper body load release mechanisms shall comply with the re-
quirements in Section 1249, subsections (a), (b), and (d) of this title.
Such wiring shall not terminate in plugs, connectors, or connections used
for other electrical circuits. Load release actuator switches mounted on
instrument panels in driver's compartments shall be protected by guards
or spring-loaded covers to prevent unintentional operation.
(c) Pneumatic Load Release Controls. Pneumatic control valves lo-
cated in driver's compartments to actuate hopper body load release
mechanisms shall be installed, protected, or guarded to prevent uninten-
tional operation.
(d) Hydraulic Elevating Systems. Every dump body, elevating mecha-
nism, or hydraulic system control shall have a device that gives the driver
a clearly audible or visible warning when sufficient force is applied to
cause or sustain dumpbody elevation.
(e) External Controls. Unless designed to prevent accidental actuation,
load elevating and releasing controls located outside driver's compart-
ments shall be installed in a protected location or shielded to prevent acci-
dental actuation.
§ 1 252. Auxiliary Air Tanks.
Airtanks having an inside diameter of more than 6 in. and used for the
operation of auxiliary equipment that is not part of the brake system but
has the same source of compressed air shall comply with the following
requirements:
(a) Air Tanks 1971 and Later. Auxiliary air tanks on vehicles first man-
ufactured and registered after January 1, 1971, shall be constructed and
marked in accordance with the 1962 or any later edition of section VIII,
Unfired Pressure Vessels, ASME Boiler and Pressure Vessel Code
(American Society of Mechanical Engineers), or with SAE Standard J10
in the 1965 or any later edition of the SAE Handbook.
(b) Air Tanks Before 1971. Auxiliary air tanks on vehicles registered
prior to January 1, 1971, shall meet the requirements of preceding sub-
section (a), or they shall be designed and constructed in accordance with
recognized engineering practices and standards with a safety factor of not
less than four times the tank working pressure.
(c) Securement. Auxiliary air tanks shall be positioned and secured so
that, when the vehicle is fully loaded, the bottom of the tank and any con-
nection thereto is not lower than the lowest horizontal edge of the vehicle
axle.
(d) Tubing and Hose Requirements. All tubing and hose used in the
installation of air tanks subject to this section shall comply with the spe-
cific requirements for brake tubing and hose in Section 1245(h) through
(k) of this title. This provision shall not apply to auxiliary air-actuated
systems equipped with air pressure protection devices that prevent the air
pressure in the service brake system from dropping below 60 pounds per
square inch in the event of air pressure loss from any portion of the auxil-
iary system, provided the tubing, hose, and fittings used in such installa-
tions are designed for air pressure applications.
NOTE: Authority cited: Sections 31401, 31501, 31501.5 and 34508, Vehicle
Code. Reference: Sections 31401, 34501, 34501.5 and 34508, Vehicle Code.
History
1. Amendment of subsection (d) filed 6-9-82; effective thirtieth day thereafter
(Register 82, No. 24).
2. Amendment of subsection (d) and Note adding Reference filed 7-22-91 ; op-
erative 8-21-91 (Register 91, No. 46).
3. Amendment of subsection (d) filed 5-14-92; operative 6-15-92 (Register 92,
No. 20).
§ 1253. Liquid Fuel Supply Tanks and Systems.
Motor vehicles (except school buses) propelled by fuel that is liquid
at normal atmospheric pressures and temperatures shall be equipped as
follows:
(a) General Requirements. Every tank or container that contains fuel
for the motor vehicle upon which it is installed shall be substantially con-
structed, free of leaks, securely mounted, maintained in good condi-
tion,and sealed by a cap or plug with a bayonet-type joint, screw threads,
or other equally effective means of securement. No fuel system shall per-
mit direct gravity or siphon feed to the carburetor or injector.
(b) Projection. No part of any fuel tank, container, or intake pipe, in-
cluding valves and pipes, shall project beyond the overall width or for-
ward of the front axle of the motor vehicle upon which it is installed.
Drains and fittings attached to the bottom of diesel fuel tanks shall be
mounted as close to the tank as practicable.
(c) Installation. Fuel supply lines shall be properly supported to mini-
mize vibration.
(1) Fuel lines shall not extend between the towed and towing vehicles
of a vehicle combination in motion.
(2) Selector valves for regulating fuel feed from more than one tank
shall not be operable while the vehicle is in motion unless they are within
easy reach of the driver.
(d) Additional Requirements for Motor Vehicles Manufactured after
July 1, 1997.
( 1 ) A fuel line which is not completely enclosed in a protective housing
must not extend more than two inches below the fuel tank or its sump.
Diesel fuel crossover, return, and withdrawal lines which extend below
the bottom of the tank or sump must be protected against damage from
impact.
(2) Excess Flow Valve. When pressure devices are used to force fuel
from a fuel tank, a device which prevents the flow of fuel from the fuel
tank if the fuel feed line is broken must be installed in the fuel system.
NOTE. Authority cited: Section 34501, Vehicle Code. Reference: Section 34501,
Vehicle Code.
History
1. New subsections (d)-(d)(2) and new Note filed 6-17-96; operative 7-1 7-96
(Register 96, No. 25).
§ 1254. Liquefied and Compressed Gas Fuel Systems.
Motor vehicles fueled by compressed or liquefied natural gas or lique-
fied petroleum gas shall be equipped with fuel containers and systems
that comply with Article 2, commencing with Section 930 of this title. A
school bus that has been modified to use compressed or liquefied natural
gas or liquefied petroleum gas shall not be used to transport pupils until
the fuel system installation has been inspected by the department.
Page 139
Register 2001, No. 27; 7-6-2001
§1255
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
NOTE: Authority and reference cited: Sections 31401 , 34501 , 34501 .5, and 34508,
Vehicle Code.
History
1. Amendment filed 4-3-80; designated effective 7-1-80 (Register 80, No. 14).
2. Amendment filed 9-6-95; operative 10-6-95 (Register 95, No. 36).
§ 1255. Fuel Tanks and Fuel Lines.
(a) Fuel lines shall not enter or pass through the passenger compart-
ment of any bus, except to provide fuel to a combustion heater installed
in compliance with Section 1 259.
(b) Fuel tanks on school buses shall be located entirely outside the pas-
senger compartment.
(c) Type 1 Buses. Fuel tanks on Type 1 school buses constructed after
January 1, 1950, and prior to April 1, 1977, shall have a capacity of not
less than 1 8 gal and shall be mounted between the front axle and a point
not less than 1 8 in. from the rear end of the frame or body and to the right
side. However, if insufficient space is available on the right side of a short
wheel base chassis designed to carry fewer than 30 pupils, the tank may
be placed on the left side. The tank shall not extend above the side mem-
ber of the chassis or beyond the outer edge of the body. Filler, vent, and
drain openings shall be outside the bus body. The filler shall not project
beyond body panels. Except for diesel fuel systems, fittings through
which fuel is drawn shall be located above the normal "full" line of tanks
installed after January 1 , 1 974.
(d) Type 2 Buses. For fuel tanks on Type 2 school buses manufactured
on and after July 1, 1970, those specifications set forth in the regulations
of the Department of Transportation, National Highway Traffic Safety
Administration, Federal Motor Vehicle Safety Standards applicable at
time of manufacture shall apply.
NOTE: Authority and reference cited: Sections 31401, 34501 , 34501.5 and 34508,
Vehicle Code.
HrSTORY
1 . Amendment filed 4-27-83; effective thirtieth day thereafter (Register 83, No.
18).
§1256. Identification.
(a) Vehicles and Combinations. Every motor vehicle other than a
school bus, or at least one vehicle in every combination of vehicles ex-
ceeding a total length of 40 feet, shall display on both sides the name or
trademark of the motor carrier under whose authority the vehicle or com-
bination of vehicles is being operated or the name of the lessor or lessee
thereof. Required markings shall contrast sharply with the background
and shall be readily legible during daylight from a distance of 50 feet.
(b) Hazardous Waste Transporters. Each vehicle in a combination of
vehicles registered with the Department of Toxic Substances Control for
the transportation of hazardous waste shall display on both sides the
name or trademark of the hazardous waste transporter, as required by
Section 66263.23(e) of Title 22 of this code.
(c) Passenger Stage Service. Buses and other vehicles operated in pas-
senger stage service by a passenger stage corporation, and such vehicles
operated by an entity receiving financial transit assistance from the state,
shall display in the interior of such vehicles in clear view of passengers
a notice prohibiting smoking in the vehicle. The notice shall be displayed
as a symbol and in English, as required by Section 25949.2 of the Health
and Safety Code.
(d) Farm Labor Vehicles. Every farm labor vehicle shall be identified
as follows:
(1) Markings.
(A) The words "FARM LABOR VEHICLE" shall be displayed on
each side of each farm labor vehicle in uppercase lettering on a sharply
contrasting background. Letters shall be a minimum of 1.5 inches in
height and dearly legible from a distance of 50 feet during daylight
hours.
(B) The words "TO REPORT VIOLATIONS" in uppercase charac-
ters and the toll-free telephone number "1-800-TELL CHP" shall be
displayed on the exterior on each side of each farm labor vehicle on a
sharply contrasting background. Characters shall be a minimum of 1 inch
in height and may be displayed on one or two lines.
(2) Interior Notice. A farm labor vehicle notice in English and Spanish,
furnished by the department, shall be displayed in the interior of each
farm labor vehicle in a location visible to the passengers. The required
notice, Farm Labor Vehicle Notice, CHP 408C (New 12-99), shall be
completed by an authorized employee of the department to indicate the
maximum number of passengers the vehicle is permitted to transport and
the vehicle license number. The notice shall also advise the reader of the
toll-free departmental telephone number where violations relating to the
operation of farm labor vehicles may be reported.
NOTE: Authority cited: Sections 31401 and 34501, Vehicle Code. Reference: Sec-
lions 31401, 34501 and 34507.5, Vehicle Code.
History
1 . New subsection (b)(3)(D) filed 8-24-79; designated effective 10-1-79 (Regis-
ter 79, No. 34).
2. Amendment of subsection (b)(1) filed 4-2-81 ; effective thirtieth day thereafter
(Register 81, No. 14).
3. Amendment of subsection (b)(2) filed 5-15-81 ; effective thirtieth day thereaf-
ter (Register 81 , No. 20).
4. Amendment of subsection (b)(3)(B) filed 4-27-83; effective thirtieth day there-
after (Register 83, No. 18).
5. Amendment of subsection (a) and repealer of subsection (c) filed 7-12-85; ef-
fective thirtieth day thereafter (Register 85, No. 28).
6. New subsection (b)(3)(E) filed 10-31-86; effective thirtieth day thereafter
(Register 86, No. 44).
7. Amendment filed 7-17-89; operative 8-16-89 (Register 89, No. 29).
8. Editorial correction adding text inadvertently omitted from printing (Reeister
91, No. 18).
9. Editorial correction of subsection (b)(3)(E)3. and restoring missing History 7.
and renumbering former History 7. to current History 8. (Register 91, No. 31).
10. Repealer and new section filed 11-27-91; operative 12-27-91 (Register 92,
No. 9).
1 1 . Change without regulatory effect amending subsection (a) filed 5-1 3-92 pur-
suant to section 100, title 1, California Code of Regulations (Register 92, No.
20).
12. Amendment of subsections (b) and (c) and new subsections (d)-(d)(2) filed
7-3-2001; operative 8-2-2001 (Register 2001, No. 27).
§ 1256.5. School Bus Color and Signs.
(a) Each school bus shall be identified as follows:
(1) Body and Trim Colors. Whenever in this section the color yellow
is specified, it shall mean National School Bus Yellow unless otherwise
stated. Exteriors (except bumpers, grilles, lamp bodies, and other acces-
sories) shall be yellow. The following items may be black:
(A) Moldings and rub rails.
(B) Seals, scratch guards, and other components manufactured from
rubber or similar flexible synthetic materials.
(C) A border no more than 4 inches wide around stop lamps, turn sig-
nal lamps, or flashing red/amber lamps. The border around turn signal
lamps may incorporate an arrow indicating direction of turn.
(D) The wheels may be a color different from the body color, and the
upper half of the engine hood may be black. The roof of a school bus may
be painted white, but the words "SCHOOL BUS" shall have a yellow
background.
(2) Identifying Signs and Numbers. Each school bus shall be identified
with the exterior signs and numbers shown in subsection (b). Signs may
be either adhesive decals or painted, and shall be maintained in legible
condition. Letters and numerals of all signs required by subsection (b)
shall be solid black on a yellow background unless otherwise specifically
permitted or required, and width shall be proportionate to height. On
school buses manufactured on or after January 1, 1992, required signs
applied to curved or slanted surfaces shall have a projected height and
width that comply with the size requirements of this section.
(3) Trim, logos, accessories, and other minor appearance items in-
stalled as standard factory equipment may have bright metal finishes
such as chrome plating or stainless steel.
(b) Required School Bus Signs
(1) School Bus. The words "SCHOOL BUS" or the word "SCHOOL-
BUS" shall be displayed as required in Vehicle Code Section 27906(a),
in upper case lettering, and shall be located above the windshield and
above the rear windows of the bus.
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Register 2001, No. 27; 7-6-2001
Title 13
Department of the California Highway Patrol
§ 1256.5
(2) Stop When Red Lights Flash. The words "Stop When Red Lights
Flash" shall be displayed as required in Vehicle Code Section 27906(c).
(3) Carrier Name. The name of the motor carrier operating the school
bus shall be displayed below the windows on both sides of the bus in let-
ters not less than 4 inches nor more than 6 inches in height. As an alterna-
tive, a sign showing the name of the school in letters 4 to 6 inches in
height and the name of the district or contractor 2 to 6 inches in height
is permitted. Carrier names or lettering styles which constitute a regis-
tered trademark may include a registered trademark symbol displayed in
close proximity to the carrier name. Addresses, telephone numbers,
stripes, slogans, or graphic designs other than the lettering style of the
carrier name shall not be considered part of the carrier name and are pro-
hibited. Extremely ornate lettering styles which substantially reduce the
legibility of the required sign from a distance of 50 feet shall not be used.
(4) Bus Number. The bus number assigned by the company or school
shall be displayed in characters at least 4 inches in height in one of the
following manners:
(A) On all four corners of the bus body.
(B) On both front corners and centered on the rear of the bus body.
(C) On buses manufactured on and after January 1 , J 992, on both sides
and both ends of the bus. Each number display shall be at least 6 inches
from any other sign or manufacturer's logo. The front and rear numbers
shall be displayed below the bottom edge of the passengers' side window
glass, and may be displayed on the bumpers of the bus only if the back-
ground behind the number is yellow and extends at least one inch above,
below, and to each side of the number. After January 1, 1992, any school
bus, regardless of age, may be marked to comply with this subsection in-
stead of subsection (A) or (B) above.
(D) Buses 30 feet in length or longer may display the bus number twice
on each side, one display as close as possible to each end of the bus.
(E) No school bus shall display a bus number in more locations than
authorized by this section. Except for older school buses permitted to be
marked as described in subsections (A) and (B), no school bus shall dis-
play a number on a corner of the vehicle to serve as both a side and end
number.
(5) Carrier Number. The carrier identification number assigned by the
department shall be displayed in characters two inches in height on both
sides of the bus, centered not less than two inches nor more than 24 inches
below the carrier name. The display shall consist of the letters CA fol-
lowed by the digits assigned to the carrier. A space may be inserted be-
tween the letters CA and the digits.
(A) School buses may display the carrier's valid operating authority
or identification number assigned by the Interstate Commerce Commis-
sion, the California Public Utilities Commission, or the United States De-
partment of Transportation, in the manner specified above for carrier
identification numbers, instead of the carrier identification number as-
signed by the department.
(B) Carrier identification numbers assigned by the department or iden-
tification numbers assigned by the Public Utilities Commission and dis-
played on school buses prior to September 1, 1989, may continue to be
displayed irrespective of the size and location requirements of subsection
(b)(5) of this section.
(6) Emergency Exit. A sign reading "EMERGENCY EXIT" in upper
case letters 2 inches in height shall be on the exterior of the bus on or
above each emergency exit. Exterior emergency exit signs may have a
white background if located above the emergency exit in the white area
of school buses with white roofs. A sign reading "EMERGENCY EXIT"
in upper case letters at least 2 inches in height shall be on the interior of
the bus on or above each emergency exit. Interior emergency exit signs
shall be of any color that contrasts sharply with the background. Interior
emergency exit signs may be backlighted if no glaring light is projected
into the driver' s eyes either directly or by reflection from any surface for-
ward or to either side of the driver.
(A) For exterior or interior emergency exit signs, the words "EMER-
GENCY DOOR" in uppercase letters may be used to identify floor-level
emergency doors instead of the words "EMERGENCY EXIT".
(B) Roof emergency exits shall be identified as described in subsection
(b)(6) for other emergency exits, except that emergency exit signs for
roof exits need not meet the size and color requirements of that subsec-
tion if they are clearly identified as emergency exits on the interior and
exterior of the emergency exit assembly as supplied by its manufacturer.
(C) School buses manufactured prior to January 1, 1992 may have
emergency exit signs applied as decals on the window glass of the emer-
gency exit. If this option is exercised, the emergency exit decals shall
meet the size and wording requirements of this subsection, but need not
meet the color requirements.
(7) Stop Signal Arm. School buses manufactured on or after Septem-
ber 1, 1992, shall be equipped with at least one stop signal arm. School
buses manufactured prior to September 1, 1992, may be equipped with
stop signal arms. Stop signal arms shall meet the requirements of Federal
Motor Vehicle Standard No. 131 (49 CFR 571.131) and the following:
(A) Size. The stop signal arm shall be a regular octagon which is at
least 17.72 inches x 17.72 inches and not more than 18.25 inches x 18.25
inches in diameter.
(B) Color. The stop signal arm shall be red on both sides except as pro-
vided in subsection (C). The Stop Signal Arm shall have a white border
of 0.47 inches on both sides. The word "STOP" shall be displayed on
both sides, in white upper-case letters. The letters shall be a minimum of
5.9 inches in height, and a maximum of 8.0 inches in height, with a mini-
mum stroke width of 0.79 inches and a maximum stroke width of 1.0 in-
ches.
(C) Location. The stop signal arm shall be installed on the left side of
the bus, as close as practical to the rear of the bus. The stop signal arm
may not be located on a door or emergency exit door, or in any location
where it can be contacted by a door or an emergency exit door when the
stop signal arm is deployed or retracted. A second stop signal arm may
be installed on the left side of the school bus, as close as practical to the
front of the bus. When two stop signal arms are installed on a school bus,
the rearmost stop signal arm shall not contain any lettering, symbols, or
markings on the forward side, and the forward side shall not be reflecto-
rized. Each stop signal arm shall be located such that, when in the ex-
tended position:
1. The arm is perpendicular to the side of the bus, plus or minus five
degrees;
2. The top edge of the stop signal arm is parallel to and not more than
6 inches from a horizontal plane tangent to the lower edge of the frame
of the passenger window immediately behind the driver's window; and
3. The vertical center line of the stop sign is at least 9 inches away from
the side of the school bus.
(D) Warning Lamps. Each side of the arm shall be equipped with two
alternately flashing red lamps meeting the requirements of SAE Jl 133,
April 1984. The lamps shall be centered on the vertical centerline of the
stop signal arm. One of the lamps shall be located at the extreme top of
the stop arm and the other at its extreme bottom.
(E) Strobe Lamps. In lieu of warning lamps, each side of the arm may
be equipped with two alternately flashing red strobe lamps meeting the
requirements of SAE Jl 133, April 1984. If strobe lamps are used in lieu
of required warning lamps, the existing lamps shall be removed, and the
strobe lamp shall be installed in compliance with subparagraph (D) of
this section.
(F) Reflectorization. Except as provided in subsection (C), if reflecto-
rization is used the entire surface of both sides of the stop signal arm shall
be reflectorized with type III retroreflectorized material that meets the
minimum specific intensity requirements of FMVSS 131, S6.1.
(G) In lieu of incandescent or strobe warning lamps otherwise required
by this section, each side of the stop signal arm may be equipped with
Page 141
Register 2001, No. 27; 7-6-2001
§ 1256.5
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
flashing light emitting diodes (LEDs) that spell out the word "STOP,"
meeting the requirements of FMVSS 131 (49 CFR 571. 131). If LEDs are
used in lieu of required warning or strobe lamps, the existing lamp-type
stop signal arm(s) shall be removed, and the LED stop signal arm(s) shall
be installed in compliance with subparagraph (C) of this section.
(H) Operation. The stop signal arm shall be operated by electricity, air
or vacuum. Manual operation of the stop signal arm is prohibited. The
stop signal arm shall be automatically extended whenever the alternately
flashing red signal lamp switch is activated as required by Vehicle Code
Section 221 12. The stop arm shall not be activated or deployed at any
other time.
(c) Optional school bus markings. The following signs, when dis-
played as specified, are permitted on school buses:
( 1) An additional bus number may be placed on the roof for aerial iden-
tification. If used, this number shall be black on a white or yellow back-
ground. No size requirement shall apply to this number.
(2) Handicapped Sign. A white-on-blue international handicapped
(wheelchair) sign may be displayed on any school bus equipped to trans-
port pupils confined to wheelchairs. One sign may be displayed on each
side and on the rear of the bus. Each sign shall be no larger than 1 2 inches
in height and the width shall be proportional to the height. The sign shall
not obscure any required sign on the bus.
(3) Additional Signs. Signs consisting of numbers, letters or illustra-
tions with contents limited to special identification, bus routing informa-
tion, warning against unauthorized entry, or an acknowledgment of a
sponsor's donation of a school bus may be displayed. No color restric-
tions apply to this sign. The display area shall be a maximum of 1 2 inches
by 12 inches on the sides of a school bus below the bottom edge of the
passengers' side window glass and not closer than 12 inches from any re-
quired sign.
(4) Route Identification. A changeable sign designating the current
route assignment of a school bus may be displayed on the right side of
the bus above the entrance door or through the windshield as described
in Vehicle Code Section 26708(b)(5). The sign, when installed above the
entrance door, shall not exceed 6 inches in height and 16 inches in length,
and shall not obstruct any required light. The face of the sign may be any
color, and the body or housing of the sign shall be black or yellow. Such
signs shall not emit any light. Any electrically changed signs shall be in-
stalled with all control cables protected by grommets where they pass
through body panels, and shall be provided with a separate fuse or circuit
breaker which does not supply power to any other device. Body or roof
panels shall not be cut to recess such signs into the body or roof unless
written concurrence is first obtained from the body manufacturer, stating
that the proposed modification will not adversely affect the compliance
of the bus with any Federal Motor Vehicle Safety Standard applicable at
the time the bus was manufactured.
(d) On school buses operated for demonstration purposes and which
are not certified by the department for pupil transportation pursuant to
Vehicle Code Section 2807(b), the name of the manufacturer, dealer or
owner may be displayed in any manner that clearly indicates the entity
responsible for the operation of the bus.
(e) On a school bus leased, rented or lent to a school district, private
school or contractor, for periods of not more than 30 days in any one
school year, temporary signs bearing the carrier name and identification
number of the school or contractor may be displayed on both sides of the
bus near the name of the bailor in lieu of the permanent signs otherwise
required by this section. Such temporary signs need not meet the color
requirements set forth in subsection (a) of this section, but shall be
dis3333played in characters of not less than 2 inches in height and in
sharp contrast with the background. The temporary signs shall be re-
moved immediately upon return of the bus to the bailor.
(f) Limitations on school bus markings. Colors, signs, bumper stick-
ers, numbers or reflectorizing material not required or specifically per-
mitted by this article shall not be permitted on school buses. A school bus
operated for demonstration purposes which is not certified pursuant to
Vehicle Code Section 2807(b) is not subject to the limitations of this sub-
section. However, prior to certification by the department for the trans-
portation of school pupils, all signs, colors, and other graphic devices not
required or permitted by this section shall be removed, and all required
signs shall be applied.
(1) The rear bumper of a school bus may be marked with diagonal re-
flectorized material in accordance with Vehicle Code Section 25500.
The rear of a school bus body may be marked with a strip of retroreflec-
ti ve yellow material no greater than 2 inches in width. The strip must be
placed from the left lower corner of the required "School Bus" lettering,
across to the left side of the bus, then vertically down to the top of the
bumper, across the bus on a line immediately above the bumper to the
right side, then vertically up to a point even with the strip placement on
the left side, and concluding with a horizontal strip terminating at the
right lower corner of the "School Bus" lettering. The upper horizontal
strip of retroreflective material may be continued below the "School
Bus" lettering to connect with the strip on the left side if the body design
permits. Retroreflective tape may have interruptions to avoid and/or ac-
commodate functional components such as rivets, rubrails, curved sur-
faces, hinges and handles, provided the tape is immediately adjacent to
the these components.
(2) Emergency exits on school buses manufactured on or after May 2,
1994, shall meet the requirements of Federal Motor Vehicle Standard
No. 217, S5.5.3 (49 CFR 571 .217 S5.5.3) in effect at the time of manufac-
ture. School buses manufactured prior to May 2, 1994, may be marked
in accordance with FMVSS 217. Emergency exit markings in com-
pliance with FMVSS 217 S5.5.3 shall have precedence over any other re-
troreflective marking permitted by this section.
(3) One reflectorized yellow horizontal stripe of any length and not ex-
ceeding 1 2 inches in width may be on each side of a school bus. The carri-
er' s name may be superimposed over the stripe, but if so, shall not be re-
flectorized as otherwise permitted in subsection (4) below.
(4) The characters of any required sign may be formed from or painted
with black material, which may reflect white light. Optional signs and
their backgrounds shall not be reflectorized, except that the optional roof
aerial identification number permitted in subsection (c)(1) may reflect
white light. The background of the roof number shall not be reflectorized.
(5) Interior signs. Posting of safe driving and riding instructions in the
driver's compartment is permitted if it does not restrict the driver's view
of traffic or the instrument panel.
(6) Vehicle Information Labels. Small exterior tags or labels with let-
tering of not more than one inch in height indicating operational informa-
tion such as, but not limited to, type of fuel, tire pressure, air reservoir
drain locations, coolant filler location, etc. are not considered signs for
the purposes of this section. Markings on fuel containers and fuel filler
locations for liquefied petroleum gas (LPG), compressed natural gas
(CNG), and liquefied natural gas (LNG) shall comply with the marking
requirements for those containers as specified in this title and Vehicle
Code Section 27909 regardless of the requirements of this subsection.
Vehicle markings required by National Fire Protection Association Stan-
dard 52 for CNG-powered vehicles are permitted as specified in NFPA
52-1988 published by that organization.
(7) Logos. Logos of the manufacturer(s) of a school bus are not consid-
ered signs for the purposes of this section; however, logos shall not be
displayed within 6 inches of any required sign. Exterior signs of any size
representing the dealer or distributor of the bus are not permitted unless
the dealer or distributor is either the manufacturer of the bus or, in the case
of school buses manufactured in two or more stages, the final stage man-
ufacturer. Signs on step well risers that are visible through door glass are
not considered to be on the exterior of the bus.
NOTE: Authority cited: Sections 34501.5 and 34508, Vehicle Code. Reference:
Sections 34501 .5 and 34508, Vehicle Code; Sections 3983 1 and 39842, Education
Code.
History
1. New section filed 11-27-91; operative 12-27-91 (Register 92, No! 9).
2. New subsection (b)(7) filed 9-15-92; operative 9-15-92 (Register 92, No. 38).
Page 142
Register 2001, No. 27; 7-6-2001
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Department of the California Highway Patrol
§1262
3. Change without regulatory effect amending subsections (b)(7)(C)3, (b)(7)(D)
and (b)(7)(G) filed^l— 6— 93; operative 2-5-93 pursuant to title 1, section 100,
California Code of Regulations (Register 93, No. 2).
4. Amendment of subsections (b)(4)(C), (f)(1) and (f)(7) and new subsection (f)(2)
and subsection redesignation filed 5—13-94; operative 6-13-94 (Resister 94,
No. 19).
5. Amendment of subsections (a)(1) and (a)(1)(C) filed 9-6-95; operative
10-6-95 (Register 95, No. 36).
6. Change without regulatory effect amending subsection (c)(3) and Note filed
12-5-95 pursuant to section 100, title 1 . California Code of Regulations (Regis-
ter 95, No. 49).
7. New subsection (b)(7)(G) and subsection reletterine filed 3-17-99; operative
4-16-99 (Register 99, No. 12).
§1257. Mirrors.
All buses subject to this title shall be equipped with interior mirror(s)
that give the driver a clear view of the inlerior of the vehicle and any rear
and center entrance or exit doors and stepwells. In lieu of mirrors, trailer-
bus combinations and articulated buses may be equipped with closed cir-
cuit video systems or adult monitors in voice contact with the driver.
NOTE: Authority and reference cited: Sections 546, 31401. 34501, 34501.5 and
34508, Vehicle Code; and Section 39831, Education Code.
History
1. Amendment filed 7-1-83; effective thirtieth day thereafter (Register 83, No.
27).
§ 1258. Mirrors on School Buses.
All Type 1 school buses and Type 2 school buses constructed on and
after July 1 , 1970, shall be equipped with two exterior rearview mirrors,
one on each side of the bus. Every school bus shall be equipped with a
cross-view mirror mounted on the front exterior of the bus to provide the
seated driver with a clear view of the area directly in front of the bus.
(a) Size of Rearview Mirrors. Type 1 school buses constructed after
January 1, 1965, and Type 2 school buses constructed after April 1, 1977,
shall have exterior side mounted rearview mirrors, each with at least 50
sq in. in the reflective area.
(b) Size of Cross View Mirrors. All front exterior crossview mirrors
required on Type 1 school buses shall have at least 40 sq in. in the reflec-
tive area.
§ 1259. Heaters and Defrosters.
(a) Buses. Every bus shall have a safe, effective defroster and heating
system, which shall produce sufficient heat to provide reasonable com-
fort for occupants. All heating system pipes and radiators shall be
shielded to protect the occupants and their clothing, and the moving parts
of all heaters and defrosters shall present no hazard to occupants. Air in-
takes shall be located to minimize the entrance of exhaust fumes into the
bus. If combustion heaters are used, they shall be installed on new buses
by the body or bus manufacturer, and on buses now in service, by autho-
rized dealers or garages. Heaters and defrosters are not required for trail-
er-buses of open air construction.
(b) School Buses. Every school bus shall be equipped with an effective
defrosting device of the hot air duct type.
(c) Trucks and Farm Labor Vehicles. Every truck and farm labor ve-
hicle shall be equipped with an adequate mechanically operated defrost-
ing device, or adequate air-circulating system that removes snow, ice,
frost, fog, or internal moisture from the windshield.
NOTE: Authority cited: Sections 31401, 34501 and 34501.5, Vehicle Code. Refer-
ence: Section 26712, Vehicle Code.
History
1. Amendment of subsection (c) filed 5-14-79; designated effective 7-1-79 (Reg-
ister 79, No. 19).
2. Amendment filed 7-1-83; effective thirtieth day thereafter (Register 83, No.
27).
§1260. Ventilation.
Requirements for ventilation are as follows:
(a) Buses and Farm Labor Vehicles. All buses and farm labor vehicles
shall provide ventilation that is adequate for passengers in any weather.
Openings for ventilation through the front of a vehicle shall be equipped
with screens that prevent passage of insects, gravel, and other objects.
(b) School Buses. School bus bodies shall be equipped with a suitable
ventilating system of sufficient capacity to maintain adequate ventilation
during operation without the opening of windows except in extremely
hot weather. Ventilation shall be adequate to assure a complete change
of air at least once every 3 minutes while a school bus is moving.
History
1. Change without regulatory effect amending subsection (b) filed 8-7-95 pur-
suant to section 100, title 1, California Code of Regulations (Register 95, No.
32).
§ 1 261 . Exhaust Systems.
Exhaust systems shall comply with the Vehicle Code and the follow-
ing:
(a) Every motor vehicle propelled by an internal combustion engine
shall be equipped with a system to direct the discharge of combustion ex-
haust gases.
(b) No part of an exhaust system shall be located where its position
would likely result in burning, charring, or damaging the electrical wir-
ing, the fuel supply, or any combustible part of the motor vehicle.
(c) No exhaust system shall discharge to the atmosphere at a location
directly below the fuel tank or the fuel tank filler pipe unless a shield is
installed in a manner that prevents spilled fuel from contacting the ex-
haust system.
(d) The exhaust system of a Type 1 bus, other than a school bus, pow-
ered by a gasoline engine shall discharge to the atmosphere at or within
6 inches forward of the rearmost part of the bus.
(e) The exhaust system of a Type I bus, other than a school bus, using
fuels other than gasoline shall discharge to the atmosphere either:
( 1 ) At or within 1 5 inches forward of the rearmost part of the vehicle,
or
(2) To the rear of all doors or windows designed to be opened, except
windows designed to be opened solely as emergency exits.
(f) The exhaust system of every truck and truck tractor shall discharge
to the atmosphere at a location to the rear of the cab or, if the exhaust proj-
ects above the cab, at a location near the rear of the cab. This requirement
shall not apply to airport tank trucks used exclusively to fuel aircraft.
(g) Exhaust system repairs shall permit no leakage or discharge of ex-
haust gases at any location other than the discharge location required or
permitted by this section.
(h) The exhaust system shall be securely fastened to the vehicle,
(i) Exhaust systems may use hangers which permit required move-
ment due to expansion and contraction caused by heat of the exhaust and
relative motion between engine and chassis of a vehicle.
(j) School Buses. The exhaust pipe of each Type 1 school bus and each
Type 2 school bus constructed on or after July 1, 1970, shall project be-
yond the rear or side of the body of the bus but not beyond the bumper
and shall not discharge near an entrance or exit, except that exhaust pipes
may discharge near, but not directly under, doors designed to be opened
solely as emergency exits. No flexible pipe or tubing shall be used except
where necessary to prevent breakage.
NOTE: Authority cited: Sections 31401, 34501, 34501.5 and 34508, Vehicle
Code. Reference: Sections 31401, 34501, 34501.5 and 34508, Vehicle Code; and
Section 393.83, Title 49, Code of Federal Regulations.
History
1. Amendment of subsection (a), relettering subsection (b) to (j), adding new sub-
sections (b) through (i), amendment of subsection (j) and new NOTE filed
7-22-91; operative 8-21-91 (Register 91, No. 46).
§ 1262. Speedometer and Odometer.
School buses, school pupil activity buses, youth buses, and farm labor
vehicles shall be equipped with an accurate speedometer and odometer.
The speedometer shall be visible from the driver's seat and illuminated
during darkness. School pupil activity buses may use means other than
an odometer for determining accrued mileage.
NOTE: Authority and reference cited: Sections 3 1401 , 34501, 34501 .5 and 34508,
Vehicle Code; and Section 39831, Education Code.
History
1 . Amendment filed 1 0-28-82; effective thirtieth day thereafter (Register 82, No.
44).
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§1263
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
§ 1263. Interior Lamps.
All buses operated during darkness shall be equipped with a sufficient
number of interior lamps to illuminate the interior of the bus without in-
terfering with the driver's vision.
(b) Other Vehicles — All Type 1 buses and all farm labor vehicles de-
signed for more than 16 passengers and the driver shall be equipped with
at least one guard or bracket if the drive shaft extends under the passenger
compartment.
§ 1264. Passenger Compartments.
(a) Signaling Device. All farm labor vehicles in which the passenger
compartment is separated from the driver's compartment and all trailer-
buses shall be equipped with a buzzer or other signaling device that can
be actuated by the passengers to gain the attention of the driver. A horn,
as required by Vehicle Code Section 27000, shall not be used to comply
with this requirement.
(b) Vehicle Windows. Every farm labor vehicle shall have at least one
window at each side near the front of the passenger compartment. Each
window shall not be less than 10 in. high and 16 in. wide. This require-
ment may be met by windows complying with Section 1269 of this title.
(c) Broken Glass. All cracked or broken glass having sharp or jagged
edges, in windows or elsewhere on a farm labor vehicle, shall be re-
moved.
NOTE: Authority and reference cited: Sections 31401, 34501 and 34501.5, Ve-
hicle Code.
History
1. Amendment filed 7-1-83; effective thirtieth day thereafter (Register 83, No.
27).
§1265. Sleeper Berths.
The following requirements shall apply to motor vehicles equipped
with sleeper berths:
(a) Mattress. Sleeper berths shall be equipped with springs and a mat-
tress at least 4 in. thick (unless the mattress is innerspring, air, or foam
rubber) and adequate bedding. Sleeper berths shall be constructed to per-
mit ready removal of mattress and bedding for cleaning.
(b) Ventilation. Sleeper berths shall be provided with louvers or other
means of ventilation that are reasonably dust proof and rain proof.
(c) Location. Sleeper berths shall be located to prevent entrance of
gases from the exhaust system, overheating or damage by the exhaust
system, and leakage from the fuel system. Sleeper berths shall not be lo-
cated in the cargo space unless completely and securely compartmental-
ized. No sleeper berth shall be installed in or on any trailer or semitrailer
other than a house trailer.
(d) Communication With Driver. Unless the sleeper berth is inside the
driver's compartment or has a direct entrance thereto, means shall be pro-
vided to enable the occupant of the berth to communicate with the driver.
Such means may be a telephone, speaker tube, buzzer, pull cord, or other
mechanical or electrical device.
(e) Entrance and Exit. Sleeper berths shall be constructed and main-
tained so that the occupant has at least two means of exiting without assis-
tance. The two exits shall be on opposite sides of the vehicle and shall be
not less than 18 in. high and 21 in. wide. However, if the berth is part of
the cab and between the berth and the driving seat, has a doorway or
opening at least 18 in. high and 36 in. wide, the requirement for two exits
does not apply.
(f) Size. Sleeper berths shall be not less than 75 in. long, measured on
the centerline of the longitudinal axis; 21 in. wide at the center; and 21
in. high at the center, measured from the top of the mattress. Sleeper
berths shall be constructed so as not to hinder the ready entrance or exit
of the occupant.
(g) Federal Requirements. Carriers subject to and in compliance with
sleeper berth requirements of the U.S. Department of Transportation
shall be deemed in compliance with this section.
§ 1 266. Drive Shaft Protection.
A drive shaft guard to prevent broken shafts from whipping through
the floor or dropping to the ground shall be required on:
(a) School Buses — On all Type 1 school buses constructed after Janu-
ary 1, 1950, and all Type 2 school buses constructed on or after July 1,
1970, each segment of the drive shaft shall be equipped with a guard.
§ 1267. Bus Entrances and Exits.
The following requirements shall govern entrances and exits of all
buses (except buses operated by law enforcement agencies to transport
prisoners) and farm labor vehicles:
(a) Door and Step Clearance — Doors and steps shall be kept clear at
all times to permit safe entrance and exit of passengers.
(b) Grab Handles — Every Type 1 bus and farm labor truck shall be
equipped with grab handles, stanchions, or bars at least 10 in. long and
installed within convenient reach of persons boarding or leaving.
(c) Safety Bars — To prevent passengers from falling into the step well,
Type 1 buses shall have a safety bar or panel directly behind each step
well.
(d) Door Construction and Maintenance — Doors in all buses and farm
labor trucks shall be substantially constructed, in accordance with ac-
ceptable standards, and maintained in good working order to permit safe
entrance and exit. All doors shall afford easy release in case of emergency
but shall be prevented from opening accidentally. Manually operated
doors shall be constructed so that no parts thereof can come together with
an exposed shearing action. Chains, cables, or bars may be used on farm
labor trucks instead of doors provided they are:
(1) Secured at not more than 6 in. (152.4 mm) above or below a hori-
zontal centerline of the opening, and
(2) Equipped with a quick release device that allows only enough slack
to permit easy operation.
(e) Doors Not Adjacent to Driver — In Type 1 buses (except school
buses) any passenger door not immediately adjacent to the driver shall
meet the following requirements: For buses manufactured prior to Janu-
ary 1, 1993, the term "'not immediately adjacent to the driver" shall mean
that the door opening and steps are not within the direct, clear view of the
driver, unassisted by mirrors or other devices. For buses manufactured
on and after January 1, 1993, the term "not immediately adjacent to the
driver" shall mean that the front of the door frame opening is more than
12 inches to the rear of a transverse vertical plane at the front of the driv-
er's seat back rest with the seat adjusted to its rearmost position and the
back rest adjusted to its most vertical position. The front of the backrest
is that point, on the vertical centerline of the front of the backrest, which
is midway between the seat cushion and the top of the seat back, exclud-
ing any movable head rest.
(1) Doors closed by power actuators shall be:
(A) Equipped with a sensitive edge, designed and maintained to re-
lease the door-closing force, and to reopen sufficiently to fully release
a person or object caught in the closing doors.
(i) Except as provided in (iii), doors on buses manufactured on or after
January 1, 1993, shall release when the door closes on an object as small
as a 1/2-inch diameter smooth cylinder held perpendicular to the plane
of the door opening at any point where the door halves meet, or if a single
piece door, where the door edge meets the door frame.
(ii) The performance standard specified in (i) and (iii) shall not apply
to the top two inches or the bottom two inches of the sensitive edge.
(iii) For buses equipped with a 4-inch or larger gap between the pow-
er-closed doors, the doors shall react as specified in (i) when closing on
a 1-inch diameter smooth cylinder.
(B) Designed and equipped to signal the driver if the doors completely
close on any part of a person's body or any object
(C) Adjusted and maintained, when operated or actuated by treadle
steps, to close in not less than 2 1/2 seconds after a person steps off such
treadle.
(2) Doors closed by return springs, counterweights, or other passive
means shall be:
(A) Designed to permit at least 4-inches of clearance between the solid
or metal edges of doors when fully closed. This requirement shall not ap-
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Title 13
Department of the California Highway Patrol
§1269
ply to a door opened by a power actuator and equipped with a sensitive
edge that complies with (e)(1)(A) of this section.
(B) Adjusted to allow at least 1 1/2 seconds closing time from the fully
open to the closed position
(C) Designed and maintained so that the force required to start the
doors moving away from the completely closed position does not exceed
20 pounds, applied at the solid edge of the door with the bus on a level
surface. Door movement allowed by slack in the door closing mechanical
linkage shall not be considered in determining compliance with this re-
quirement.
(D) As an alternative to paragraph (C). doors closed by return springs,
counter weights, or other means, may instead be equipped with sensitive
edges meeting the same requirements as doors closed by power actuators.
(E) Designed and equipped with a door lock control operated by the
driver while seated in the driver' s seat, and equipped with a warning light
visible to the driver to indicate when the door is unlocked.
(3) Except as provided in (C), all doors shall be interlocked with the
brakes and accelerator so that the bus cannot move when the doors are
open and the doors cannot open when the bus is moving without engaging
the interlock.
(A) The interlock shall function so that:
(i) the brakes on at least one axle are applied, and
(ii) the accelerator is released when or before the doors begin to open,
and
(iii) the brakes cannot be released nor the accelerator applied while the
doors are open.
(B) In buses permitted by section 1217 of this chapter to transport
standing passengers, the interlock system may be equipped with speed
sensors set at a speed of 3 miles per hour or greater at which speed the
interlock may disengage.
(C) Buses may be equipped with a remote control not accessible from
the driver's seated position, to override the interlock system to allow
emergency movement of the bus if the doors cannot be closed. On buses
equipped with such installations, placing the control in the override posi-
tion shall actuate a warning consisting of an audible indicator and a red
light indicator visible to the driver with a label integral with or adjacent
to the light stating "Warning — Interlock Deactivated" in letters at least
3/16 inch high.
(4) The provisions of this subsection shall not apply to a door not adja-
cent to the driver when equipped with a wheelchair lift that prevents per-
sons from entering or exiting such doors while the bus is in motion.
NOTE: Authority cited: Sections 31401, 34501, 34501.5, and 34508, Vehicle
Code. Reference: Sections 31400, 31401, 34501, 34501.5, and 34508, Vehicle
Code.
History
1 . Amendment filed 5-14-79; designated effective 7-1-79 (Register 79, No. 19).
2. New subsection (e)(3) filed 6-18-80; designated effective 8-1-80 (Register 80,
No. 25).
3. Amending of subsections (e)-(e)(2), new subsection (e)(3) and subsection re-
numbering filed 8-3-92; operative 1-1-93 pursuant to Government Code sec-
tion 11346.2 (Register 92, No. 32).
4. Change without regulatory effect amending subsection (e)(3)(C) filed 5-1 1-95
pursuant to section 100, title 1 , California Code of Regulations (Register 95, No.
19).
§1268. Emergency Exits.
Buses (except school buses and buses operated by law enforcement
agencies to transport prisoners) and all farm labor trucks shall be
equipped with emergency exits as follows:
(a) September 1, 1973, and Later — Every Type 1 bus manufactured on
or after September 1 , 1 973, shall comply with the Federal Motor Vehicle
Standard 217 applicable at the time of manufacture.
(b) Before September 1973 — Every Type 1 bus manufactured before
September 1, 1973, shall be equipped with at least one of the following:
(1) An emergency door on the left side to the rear of the driver's seat
(2) An emergency door at the rear center of the bus
(3) Escape windows of the push-out type
(c) Type 2 Bus — Every Type 2 bus shall be equipped with at least one
emergency door or push-out escape window either at the rear of the bus
or on each side, to the rear of the driver's seat.
(d) Federal Standard — Buses equipped with emergency exits con-
forming to FMVSS 217 are deemed in compliance with this section.
(e) Exemption — Any bus in service within single or adjoining munici-
palities or business or residential districts adjacent to and commercially
part of such municipalities is exempt from emergency exit requirements
when equipped with a door next to each passenger seat or (in addition to
the front entrance) an exit door that can be easily opened by a passenger
in an emergency. Open air type buses shall be deemed in compliance with
this subsection if the side enclosures do not exceed 50 in. in height mea-
sured from the vehicle floor and the open area meets the emergency exit
size and location requirements in FMVSS 217 for buses of 10,000
GVWR or less.
(0 Specifications for Emergency Doors — Every emergency door shall
have:
(1) An opening from the floor to the top of the window line or higher
and at least 24 in. wide
(2) A latch that can be readily opened by a passenger in an emergency
(3) On buses (other than farm labor) a warning device that is not direct-
ly connected with any lighting circuit and will actuate, when the door is
unlatched, either an audible signal or an easily seen red light on the instru-
ment panel
(4) A sign reading "Emergency Door" on the interior of each emergen-
cy door or center exit door used in lieu thereof, except that farm labor ve-
hicles shall have signs reading "Emergency Exit" on the exterior and in-
terior of emergency exits printed in English and the language of the
workers being transported
(g) Emergency Exit Locking Device. Every emergency exit locking
device shall be designed and installed in such a manner that it cannot
move to a locked condition as a result of vehicle vibration, vehicle move-
ment or other unintentional causes.
(h) Farm Labor Truck Emergency Exits — Every farm labor vehicle
with side enclosures more than 50 in. high, or with clearance of less than
30 in. between the upper edge of the side enclosures and the top, or with
vertical roof supports less than 30 in. apart shall have an emergency exit
remote from the entrance. Vehicles conforming with emergency exit re-
quirements of subsection (f) of this section shall be deemed in com-
pliance.
( 1 ) Size of Door Opening. Farm labor vehicle emergency exit doors
shall have an opening at least 7 sq ft in area and 2 ft wide. They shall be
operable from both the interior and exterior of the vehicle. Single-panel
hinged side doors shall be hinged on the front edge.
(2) Aisle Space. Farm labor vehicle aisle space shall be sufficient to
permit rapid movement or unloading of passengers in event of an emer-
gency. In no event, shall an aisle or other access to any emergency exit
be blocked by baggage or other obstacles.
NOTE: Authority and reference cited: Sections 31401, 34501 and 34501.5, Ve-
hicle Code.
HrSTORY
1. Amendment filed 5-14-79; designated effective 7-1-79 (Register 79, No. 19).
2. Amendment of subsection (e) filed 7-1-83; effective thirtieth day thereafter
(Register 83, No. 27).
3. New subsection (g) and subsection relettering filed 4-22-93; operative
5-24-93 (Register 93, No. 17).
§ 1269. Side Windows As Emergency Exits.
Side windows used as emergency exits on buses (other than school
buses and buses operated by law enforcement agencies to transport pas-
sengers) and all farm labor vehicles shall have the following:
(a) Type 1 Bus — On a Type 1 bus, an unobstructed opening at least
17 3/4x13 in. The total escape area shall be at least 67 sq in. for each
seating space, including the driver's. At least 40% of the escape areas
shall be located on one side of the bus.
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Register 2001, No. 27; 7-6-2001
§ 1269.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(b) Type 2 Bus and Farm Labor Vehicle — On a Type 2 bus and any
farm labor vehicle not a Type I bus, one or two openings, of at least 564
sq in., with a minimum dimension of at least 12 in.
(1) In lieu of compliance with Section 1268(h)(1), a farm labor vehicle
less than 80 in. wide may be equipped with not less than one sliding or
push-out escape window on each side of the passenger compartment.
Each window shall provide an unobstructed opening of not less than
1 7 3/4 x 13 in. and shall be constructed and latched so that passengers can
open it readily in an emergency. The total escape areas shall equal at least
67 sq in. for each seating space, and not less than 40% of this escape area
shall be located on one side of the vehicle. This does not apply to passen-
gers) seated in the driver's compartment separated from the passenger
compartment.
(2) Rear emergency windows that may be used in lieu of emergency
exit doors shall provide an unobstructed opening of not less than 6 sq ft
and a minimum width of 16 in.
(3) All push out windows shall have instructions for operation on the
interior.
NOTE: Authority and reference cited: Sections 31401. 34501, and 34501.5, Ve-
hicle Code.
History
1 . Amendment filed 5-14-79; designated effective 7-1-79 (Register 79, No. 19).
2. Change without regulatory effect amending subsection (b)(1) filed 5-11-95
pursuant to section 100, title 1 , California Code of Regulations (Register 95, No.
19).
§ 1 269.1 . Equipment for Transporting Wheelchairs.
Equipment installed after January 1, 1980, on any bus, except a
schoolbus, for transporting handicapped persons in wheelchairs shall
meet the following requirements:
(a) Wheelchair Lift — Wheelchair lifts installed on such buses shall
comply with Chapter 4, Article 15 of this title, commencing with Section
1090 and shall be installed as follows:
(1) Gaps — On a bus in use, gaps between the platform and the bus in
areas over which a wheelchair can roll shall not be greater than 15 mm
(0.60 in.) horizontally or greater than 6 mm (0.24 in.) vertically.
(2) Effect on Gross Vehicle Weight — Installation of a wheelchair lift
shall not cause the manufacturer's gross vehicle weight rating, gross axle
weight rating, or tire rating to be exceeded.
(3) Padding — Except in locations within (3.1 in.) of the bus floor, all
readily accessible exposed edges or other hazardous protrusions on parts
of lifts assemblies located in the passenger compartment or parts of the
bus associated with the operation of the lift shall be padded with energy
absorbing material to minimize injury in normal use and in case of acci-
dent. Padding is not required on buses on which each passenger seating
position is equipped with a passenger restraint system, which complies
with Federal Motor Vehicle Safety Standard 208. S7, published in Title
49, Code of Federal Regulations, Part 571, October 1, 1995. On buses
where padding is not installed, operators shall ensure that each passenger
transported is properly secured by the restraint system at all times when
the bus is in motion.
(4) Control Location — The controls for deploying, lowering, raising,
and stowing the lift and moving the barrier shall be at a location where
the bus driver or lift attendant has a full view, unobstructed by passen-
gers, of the lift platform, its entrance and exit, and the wheelchair passen-
ger, either directly or with partial assistance of mirrors. Lifts entirely to
the rear of the driver' s seat shall not be operable from the driver' s seat but
shall have an override control at the driver's position that can be set to
prevent the lift from being operated by the other controls (except for
emergency manual operation upon power failure).
(5) Control Interlock.
(A) Except as provided in subsection (B) or (C), wheelchair lift con-
trols shall be interlocked with the parking brake(s), the front or rear ser-
vice brakes, and with the accelerator or transmission so the bus cannot
be moved when the lift is not stowed and so the lift cannot be deployed
unless the interlock is engaged. An accelerator or transmission interlock
is not required for buses in which the engine must be turned off to operate
the wheelchair lift controls.
(B) Buses manufactured prior to January 1, 1983, using hydraulic fluid
pressure at the wheels for applying the service brakes, shall have the
wheelchair lift controls interlocked with the parking brakes or the front
or rear service brakes, so the lift cannot be deployed unless the interlock
is engaged.
(c) As an alternative to the requirements in (A), on buses equipped
with hydraulic brakes, an interlock system which complies with the
Americans With Disabilities Act (ADA) requirements in Title 49, Code
of Federal Regulations, Section 38.23(b)(2), as published October 1,
1995, will be deemed to comply with the interlock requirements of this
section subject to the provisions of 1., 2., 3., and 4. below:
1 . The driver must set the vehicle's parking brake before activating the
lift control(s).
2. The bus must be equipped with an electrical warning device, clearly
audible or visible from the driver's seating position, which is activated
at all times when the lift is not stowed and the ignition or run switch is
in the "on" or "run" position.
3. If a transmission interlock is utilized, the transmission must be inter-
locked in the "Park" position.
4. A door interlock will satisfy the requirement only if the door is also
interlocked with the vehicle's brakes or transmission in a manner that
meets the performance criteria set forth in (A), above.
(6) Certification — When the bus manufacturer or installer uses con-
trols not supplied by the lift manufacturer or modifies the certified lift,
the modifications shall comply with the wheelchair lift regulations, and
the bus manufacturer or the installer shall so certify. The wheelchair lift
shall be installed so the lift manufacturer's certification label, and the bus
manufacturer's or installer's certification label, when appropriate, is
readily visible and readable. The label (s) shall be maintained in good
condition.
(b) Placement, Attachment and Alteration — The placement of the
wheelchair lift, including any modification of the bus body or chassis,
and modification of the lift or its controls, and the method of attachment
shall be in accordance with the bus or lift manufacturer's recommenda-
tions andshall not diminish the structural integrity of the bus nor cause
a hazardous imbalance of the bus. No part of the assembly when installed
and stowed shall extend laterally beyond the normal side contour of the
bus nor vertically below the lowest part of the rim of the wheel closest
to the lift.
(c) Illumination — During darkness, the outboard end of a wheelchair
lift in the down position shall have an illumination of at least 30 lux (2.8
ft-cd) measured on the platform surface.
(d) Securement of Wheelchairs — A device or devices shall be pro-
vided to secure wheelchairs during transportation to keep them restrained
during normal movement of the bus as in starting, stopping and turning.
(e) Installation, Maintenance, and Operating Instructions — Wheel-
chair lift installation instructions and inspection and maintenance sched-
ules and procedures shall be available to departmental employees in the
location where the bus is garaged or maintained. Lift operating instruc-
tions shall be carried in every bus equipped with a wheelchair lift.
(f) Wheelchair Securement — GPPVs used to transport wheelchair
passengers shall be equipped with securement devices conforming to the
requirements in Section 1293(f).
NOTE: Authority cited: Sections 31401, 34501, 34501.5, 34501.8 and 34508, Ve-
hicle Code. Reference: Sections 31401. 34501, 34501.5, 34501.8 and 34508, Ve-
hicle Code.
History
1. New section filed 7-13-79; effective thirtieth day thereafter (Register 79, No.
28).
2. Amendment of subsection (a)(5) filed 6-18-80; designated effective 8-1-80
(Register 80, No. 25).
3. Amendment of subsection (a)(5) filed 10-30-80; designated effective 12-1-80
(Register 80, No. 44).
4. New subsection (f) filed 8-16-88; operative 9-15-88 (Register 88, No. 34).
Page 146
Register 2001, No. 27; 7-6-2001
Title 13
Department of the California Highway Patrol
§ 1270.3
5. Change without regulatory effect amending subsection (a) filed 5-1 1-95 pur-
suant to section 100, title 1, California Code of Regulations (Register 95, No.
19).
6. Amendment of subsections (a)(3) and (a)(5)(A)-(B) and new subsections
(a)(3)(C)-(a)(3)(C)4. filed 2-21-96; operative 3-22-96 (Register 96, No. 8).
§1270. Seats.
The following requirements govern seats on buses and all farm labor
vehicles.
(a) Bus Driver's Seat. The driver's seat shall be positioned so that the
driver may assume a natural position while driving and have a clear view
of the road and mirrors and sufficient leg room to operate the brake,
clutch, and accelerator pedals and all other controls without cramping or
interference. The driver's seat shall be readily adjustable backward and
forward and may be adjustable up and down or may incorporate up and
down motion with forward and backward adjustability. On school buses
and school pupil activity buses, the driver's seat shall also be equipped
with a locking device to prevent accidental separation of the adjustable
seat components. In addition, a safety belt meeting the provisions of
FMVSS 209 shall be provided for the driver in school buses and school
pupil activity buses.
(b) Bus Passenger Seats. Jump seats and seats in aisles shall not be per-
mitted in any bus. Seats in school pupil activity buses shall be adequately
secured and shall provide a seating space at least 1 3 inches wide for each
passenger.
NOTE: Authority cited: Sections 31401, 34501, and 34501.5, Vehicle Code. Ref-
erence: Sections 31400, 31401, 34501, and 34501.5, Vehicle Code.
History
1. Amendment filed 5-14-79; effective July 1, 1979 (Register 79, No. 19).
2. Amendment of subsection (b) and repealer of subsections (c)-(c)(6) filed
7-3-2001; operative 8-2-2001 (Register 2001, No. 27).
3. Amendment of subsection (a) filed 6-24-2002: operative 7-24-2002 (Register
2002, No. 26).
§ 1270.3. Farm Labor Vehicle Seating.
(a) Farm Labor Vehicle Passenger Seats. Seating accommodations for
each passenger shall provide a space with a depth of at least 10 inches,
a width of at least 15 inches, and a height (measured from the floor) of
15-19 inches for the seat and at least 32 inches for the top of the back of
the seat. Aisles between facing seats shall be at least 24 inches wide.
Headroom, measured from the ceiling to the top of the cushion at least
7 inches from the interior side wall, shall be at least 37 inches (except for
seats installed by the original chassis manufacturer). The passenger
compartment of every farm labor vehicle shall be enclosed to a height of
at least 46 inches or equipped with other equally effective means to pre-
vent passengers from falling off the vehicle. Farm labor vehicle seat
frames and backs shall be rigidly constructed and maintained to ensure
structural safety and resistance to displacement of any component in the
event of an accident. For the sole purpose of establishing passenger ca-
pacity, weight per passenger and driver shall be calculated at 1 50 pounds.
(1) Each seat cushion shall be fastened to the seat frame by not less
than two positive locking devices at the front or rear of the cushion.
(2) Seats shall be secured to the vehicle by bolts at least 1/4 inch in di-
ameter, uniformly spaced, and Grade 5 or better. Bolts shall meet the re-
quirements of SAE Standard J429 (SAE Handbook, 1965 edition or lat-
er).
(3) Bolts shall be equipped with flat metal washers at least 1/16 inch
thick and 1 1/4 inch in diameter or better. Bolts shall be secured by lock
washers and nuts or self-locking nuts.
(4) Not less than four fasteners shall be used to secure each one- to
three-passenger seat; at least six fasteners shall secure each four- to six-
passenger seat, and at least two fasteners shall secure each additional 54
inches of linear seating space.
(5) Where vehicle design precludes the use of bolts, nuts, and washers,
an alternate securement method may be used only if its strength equals
or exceeds the fasteners specified in this section.
(6) Buses manufactured in compliance with FMVSS 222 shall be
deemed in compliance with this section.
(b) Seatbelt Installation. Seatbelts required by this section shall con-
form to the specifications set forth in Section 571.209 of Title 49 of the
Code of Federal Regulations, and shall be anchored to the vehicle in a
manner that conforms to the specifications of Section 571.210 of Title 49
of the Code of Federal Regulations.
(1) Each passenger shall be provided with a separate seatbelt assem-
bly. Passengers may not share a seatbelt. The seatbelt shall bear across
the hip bones of the passenger and pull rearward and downward with re-
spect to the passenger. The belts shall not be mounted such that the an-
chorage points are located forward of the seatbelt buckle when secured.
Anchorage points shall be spaced so that the seatbelt forms a "U" shaped
loop when in use. In no case may both ends of one seatbelt assembly be
fastened or connected to the same securement point.
(2) Belts shall be adjustable enough so they fasten securely and fit
snugly against the passenger.
(3) Seatbelts shall be manufactured by a manufacturer registered with
the National Highway Traffic Safety Administration and specifically in-
tended for automotive safety belt applications, and shall not be impro-
vised.
(4) Seatbelt webbing shall be sewn to attaching plates or threaded
through slots in the plates. Seatbelts shall not be secured by bolts piercing
or extending through the webbing.
(5) New or used seatbelts may be installed provided they are in good
condition, without excessive wear or damage, and are installed properly.
Webbing material with cuts on the edges, fraying, or which display evi-
dence of impact stretching or other damage, other than stains or other cos-
metic damage, shall be deemed not to be in "good condition."
(6) New seatbelts shall be installed according to the installation
instructions furnished by the manufacturer.
(A) For vehicles originally designed to transport passengers, seatbelts
shall be installed in a manner equivalent to the original factory configura-
tion.
(B) For vehicles not originally designed to transport passengers or us-
ing seats fabricated by a person other than the vehicle manufacturer, seat-
belts shall be attached to a sturdy metal portion of the vehicle body, floor,
bed or frame with bolts, nuts and washers or reinforcement plates.
(i) Washer or reinforcement plate sizes shall be adjusted as necessary
to prevent significant deflection of the floor or other attachment points
when the belt is pulled firmly with ordinary human strength.
(7) At a minimum, seatbelt securement bolts shall be 7/16 inch fine
thread or 1/2 inch coarse thread, or metric equivalent, unless otherwise
specified by the manufacturer. Use of sheet metal screws is not accept-
able.
(8) Seatbelts attached to the body, bed, floor or other sheet metal shall
be installed using either reinforcement plates or flat washers below or be-
hind the sheet metal. Reinforcement plates shall be at least 2 inches by
2 inches square, flat washers shall be at least 2-1/4 inches diameter. Both
shall be at least 1/16 inch thick and shall not have any sharp edges.
(9) Seatbelts shall not be secured to passenger seats unless the entire
seat, seatbelt and seatbelt anchorage assembly is manufactured in confor-
mance with FMVSS requirements. Such seats shall be secured to the
floor in conformance with the manufacturer's instructions. If the
manufacturer's instructions are not available, such seats shall be installed
using the largest bolts that will fit through the original factory seat frame-
to-vehicle mounting holes, and shall be equipped with sturdy reinforcing
plates under the floor. Original factory mounting holes in seat frames
shall not be enlarged to accept larger bolts.
(10) Seatbelts shall not be secured to an existing passenger seat unless
the seat was originally designed to serve as the anchorage for seat belts
by a manufacturer registered with the National Highway Traffic Safety
Administration, and the seat was installed by the vehicle manufacturer
or in a manner equivalent to the manufacturer's original factory installa-
tion, or as specified by the seat manufacturer.
(c) Maintenance of Seatbelts and Anchorages. The operator of a farm
labor vehicle shall maintain all seatbelt assemblies and seatbelt assembly
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§ 1270.5
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anchorages required under this section in good working order for the use
of the driver and all passengers.
(d) Operation. Except as provided in 31405 VC, no person may oper-
ate a farm labor vehicle on a highway unless that person and all passen-
gers are properly restrained by seatbelt assemblies that conform to this
section. Regardless of the passenger capacity calculated pursuant to sub-
section (a) and indicated on the inspection approval certificate issued
pursuant to Section 1231 and on the farm labor vehicle notice pursuant
to Section 1256(d)(2), no more passengers shall be transported than the
number of properly functioning seatbelts available for use by the driver
and passengers.
(e) Derating of Passenger Capacity. Except as provided in subsection
(d), passenger capacity shall be determined by the number of seating
positions, not by the number of seatbelts. A farm labor vehicle presented
for inspection with fewer seatbelts than passenger seating positions shall
not be certified by the department until seating positions are removed or
seatbelts added to provide a seatbelt for each installed seating position.
The department shall not reduce the designated passenger capacity indi-
cated on the inspection approval certificate to any number less than the
actual number of seating positions to compensate for missing or defec-
tive seatbelts.
NOTE: Authority cited: Section 31401.5, Vehicle Code. Reference: Sections
27315, 31401 and 31401.5, Vehicle Code.
History
1. New section filed 7-3-2001; operative 8-2-2001 (Register 2001, No. 27).
§ 1270.5. Conspicuity Systems.
(a) Applicability. Except as provided in subsection (b), the following
vehicles shall be equipped and maintained with the conspicuity system
specified in Federal Motor Vehicle Safety Standard 108 (49 CFR
571.108) applicable on the date of manufacture of the vehicle:
(1) All trailers and semitrailers having an overall width of 80 inches
or more and a gross vehicle weight rating of more than 10,000 pounds,
and manufactured on or after December 1, 1993.
(2) All truck tractors manufactured on or after July 1, 1997
(b) Exception. Trailer coaches and camp trailers designed exclusively
for living or office use are excluded from the requirements of subsection
(a).
(c) Definition of Conspicuity System. A conspicuity system shall con-
sist of either retroreflective sheeting or reflex reflectors, or a combination
of retroreflective sheeting and reflex reflectors as specified in Federal
Motor Vehicle Safety Standard 108.
(d) Optional Installation of Conspicuity Systems. Any trailer, semi-
trailer, or motor truck having an overall width of 80 inches or more, and
any truck tractor may be equipped with the above identified conspicuity
system even though not required by this section.
NOTE: Authority cited: Section 34501, Vehicle Code. Reference: Section 34501,
Vehicle Code.
History
1. New section filed 12-4-2000; operative 1-3-2001 (Register 2000, No. 49).
Article 9. Additional Equipment
Requirements for School Buses
§ 1271. Data Required by Federal Standards.
(a) In addition to the provisions of this Article, the provisions of Parts
567 and 568, Certification, of Title 49, Code of Federal Regulations
applicable at the time of manufacture shall apply to all school buses man-
ufactured after January 1, 1973.
(b) Buses, as defined in this subchapter, manufactured on and after
April 1, 1977, shall not be used as school buses unless they comply with
the provisions of Parts 567 and 568 of Title 49, Code of Federal Regula-
tions in effect at time of manufacture.
(c) No vehicle manufactured on or after September 1, 1989, shall be
used as a school bus unless the vehicle meets the definition of a school
bus or a multipurpose passenger vehicle, as defined in Part 571 of Title
49, Code of Federal Regulations, and unless the vehicle meets all Federal
Motor Vehicle Safety Standards (49 CFR Part 571) in effect on the date
of manufacture for a school bus of the appropriate gross vehicle weight
rating.
NOTE: Authority cited: Section 34508, Vehicle Code. Reference: Section 34508,
Vehicle Code.
History
1. Amendment filed 7-17-89; operative 8-16-89 (Register 89, No. 29).
§ 1272. Data Display and Chassis Certification.
School buses shall comply with the following:
(a) Display of Data. Plates or labels displaying the following data shall
be permanently attached in each school bus except Type 2 school buses
manufactured before July 1, 1970, and shall be readily visible either in
the driver's compartment or where prescribed in Part 567, Certification,
of Title 49, Code of Federal Regulations:
(1) Gross vehicle weight rating (GVWR)
(2) Minimum tire size and minimum acceptable load range rating
(3) Gross axle weight rating (GAWR) — Front, intermediate (if appli-
cable), and rear
(4) Unladen weight of vehicle as defined in Vehicle Code Section 660.
(5) For vehicles manufactured on or after September 1, 1989 and
classed as multipurpose passenger vehicles (MPV) as defined in Part 57 1
of Title 49, Code of Federal Regulations, the statement: "This multipur-
pose passenger vehicle meets or exceeds the requirements of all Federal
Motor Vehicle Safety Standards in effect on the date of manufacture for
a school bus having a Gross Vehicle Weight Rating of (10,000 pounds
or less) (More than 10,000 pounds)." The statement shall be completed
with only one of the GVWR ranges shown in parentheses, not by includ-
ing both and striking out one.
(b) Chassis Manufacturer's Certification. A chassis shall not be used
on either any Type 2 school bus manufactured on or after July 1, 1970,
and prior to April 1, 1977, or any Type 1 school bus manufactured prior
to April 1, 1977, unless the manufacturer of the chassis, as defined in Sec-
tion 1201 of this title, has filed with the Commissioner a certified state-
ment on the departmental form setting forth the gross vehicle weight rat-
ing of such chassis. For buses manufactured after January 1, 1973, and
prior to April 1 , 1977, the manufacturer of the chassis shall file, on a de-
partmental form, only a certified statement that the models listed comply
with all applicable laws and regulations.
(c) Chassis Modifications. Repowering with other than original en-
gines, or other chassis modifications shall be done only with the written
permission of the vehicle manufacturer(s) listed on the Federal certifica-
tion label or data plate. If such permission cannot be obtained, a modifi-
cation may be made if:
(1) It duplicates an original installation or a previously approved in-
stallation on the same make and model of school bus, or
(2) It is done in accordance with engineering plans provided by the
component manufacturer or an independent engineering firm, and
(3) In either case, the bus is reinspected by an authorized department
employee before it is used for pupil transportation.
NOTE: Authority and reference cited: Section 34508, Vehicle Code.
History
1 . New subsection (c) filed 5-1 5-8 1 ; ef feed ve thirtieth day thereafter (Register 8 1 ,
No. 20).
2. Amendment of subsection (c) filed 5-17-84; effective thirtieth day thereafter
(Register 84, No. 20).
3. Amendment of subsection (a) filed 7-17-89; operation 8-16-89 (Register 89,
No. 29).
4 Editorial correction adding text inadvertently omitted in printing (Register 91.
No. 18).
§1273. School Bus Bodies.
School buses shall comply with the following requirements:
(a) Engine Compartment. The engine compartment shall be sealed
from the passenger space, to prevent entrance of exhaust gases, and insu-
lated with fireproofing or other materials to prevent the floor from over-
heating and the passengers from being injured. All closures between the
engine compartment and the bus body shall be fitted with gastight gas-
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Department of the California Highway Patrol
§1278
kets, and pedal openings shall be closed by bellows, or self-closing gas-
tight boots or gaskets.
(b) Construction. A Type 1 school bus manufactured on and after Jan-
uary 1 , 1957, and a Type 2 school bus manufactured on and after July 1 ,
1970, shall comply with the following additional requirements:
(1) Floors. Floors in Type 1 school buses constructed after January 1,
1957, shall be at least 14—gage steel or equivalent or 5— ply, 5/8 in. lami-
nated wood, marine type, and constructed and maintained to prevent en-
trance of exhaust gases. Floors in Type 2 buses constructed on and after
July 1 , 1 970, shall be strong enough to support loads and constructed and
maintained to prevent entrance of exhaust gases.
(2) Body. The bus body shall be reasonably dustproof and watertight
and construction (except of the floor) shall be of prime commercial quali-
ty steel or other material with strength at least equivalent to all steel as
certified to the department by the bus body manufacturer. If nonmetallic
materials are used, they also shall meet the flammability specifications
for interior materials in FMVSS 302. In addition, the bus body (including
roof bows, body posts, and floor) shall:
(A) Be of sufficient strength to support the entire weight of the fully
loaded vehicle on its top or side if overturned.
(B) Have sufficient strainers in the roof structure and corners to pro-
vide adequate safety and to resist damage on impact.
(C) As evidence that Type 1 school bus bodies manufactured prior to
April 1, 1977, meet these standards, the manufacturer shall furnish to the
department for each current body model certification that the bus body
meets the "Static Load Test Code for School Bus Body Structure" as is-
sued by the School Bus Body Manufacturers Association.
(3) Inside Height. In a Type 1 school bus manufactured on or after Jan-
uary 1, 1965, the inside body height, measured at the centerline from the
back of the door opening to the back of the next to the last row of seats,
shall be a minimum of 70 in.
(4) Interior. The interior of school buses shall meet the following re-
quirements:
(A) The ceiling shall be free of all projections likely to cause injury to
a pupil.
(B) Except as otherwise provided, the ceiling over any aisle shall not
have any projection that protrudes more than 3/4 inch or that reduces the
minimum inside height requirements.
(C) Ceilings may have projections over the aisle for air conditioners
provided that no portion of the projection is more than 35 inches from an
emergency exit and no portion projects below the top of the emergency
exit opening.
(D) Type 1 school bus ceilings shall not have any projection over any
seat where the minimum distance from the highest point of the seat cush-
ion to the projection is less than 40 inches.
(E) No ceiling projection over any seat shall project lower than the top
of any window.
(F) The interior walls on Type 1 school buses and Type 2 school buses
manufactured on or after July 1, 1970, shall be lined. Hoses, tubing, and
piping installed on interior walls for air conditioning or heating shall be
equipped with protective covering designed to prevent puncture or inju-
ry-
(G) Materials used on the interiors of school buses manufactured on
or after September 1 , 1 972, shall comply with the specifications of Feder-
al Motor Vehicle Safety Standard 302 in effect at the time of manufac-
ture. Any material used in refurbishing bus interiors shall be fire resistant
and shall comply with the standards in effect for new vehicles at the time
of installation.
(5) Modifications. No person shall render inoperative, in whole or in
part, any device or element of design or equipment of a school bus in
compliance with FMVSS 220.
NOTE: Authority and reference cited: Section 34508, Vehicle Code.
History
1 . Amendment of subsection (b)(5) and new subsection (b)(6) filed 4-3-80; desig-
nated effective 7-1-80 (Register 80, No. 14).
2. Amendment of subsection (b)(1) filed 4-2-81 ; effective thirtieth day thereafter
(Register 81, No. 14).
3. Amendment of subsection (b) filed 6-11-81 ; effective thirtieth day thereafter
(Register 81, No. 24).
§ 1274. Used or Changed School Bus.
If a new or used body is placed on a new or used chassis, or a used ve-
hicle not previously certified by the Department for use as a school bus
is placed into service as a school bus, the vehicle shall comply with all
current regulations and laws applicable to new school buses, except that
Federal Motor Vehicle Safety Standards specifically adopted by refer-
ence in this title shall apply only when a vehicle was manufactured on or
after the effective date of the standards. A previously certified bus rein-
stated in school bus service by the same or different owner shall meet the
requirements of all regulations and laws that would have applied if the
bus had not been removed from school bus service.
§1275. Chassis Mounting.
The rear end of the chassis frame or any extension thereof on Type 1
school buses constructed after January 1, 1950, and on all Type 2 school
buses constructed on or after July 1 , 1 970, shall support the rearmost sill
of the bus body.
§ 1276. School Bus Weight Limits.
Weights imposed upon the axles of school buses shall be limited as fol-
lows:
(a) One Axle. The gross weight on any one axle shall not exceed the
rated capacity of the axle as certified to the department by the manufac-
turer of the chassis, or as indicated on the permanent data plate or labels
required by Section 1272 of this title.
(b) Rear Axle. A school bus constructed after January 1, 1950, shall
have no more than 75 % of the gross vehicle weight on the rear axle, mea-
sured at the ground.
§ 1 277. Power or Grade Ability.
The gross vehicle weight of any Type 1 school bus and any Type 2
school bus manufactured on or after July 1, 1970, shall not exceed 175
lb per certified net published horsepower of the engine at the manufactur-
er's recommended maximum governed rpm. The gross vehicle weight of
any school bus manufactured after January 1 , 1973, shall not exceed 185
lb per certified net published horsepower of the engine at the manufactur-
er's recommended maximum governed rpm.
§ 1 277.1 . Starter Interlock.
On school buses manufactured on or after January 1, 1968, that are
equipped with automatic transmissions, the engine starter shall be inop-
erative when the transmission shift lever is in a forward or reverse drive
position.
NOTE: Authority and reference cited: Section 34508, Vehicle Code.
History
1. New section filed 5-15-81; effective thirtieth day thereafter (Register 81, No.
20).
§1278. Pupils' Seats.
The following regulations apply to seating in school buses:
(a) Capacity and Weight Estimates. For the sole purpose of indicating
the maximum capacity of a school bus, the manufacturer and purchaser
shall allow a seating space 13 in. wide per pupil and shall estimate mini-
mum weights of 120 lbs per pupil and 150 lbs for the driver. However,
for Type 1 buses built before January 1, 1960, the weight of each elemen-
tary pupil may be estimated at a minimum of 80 lbs, although the esti-
mated weights of high school students remain at the minimum of 130 lbs
each.
(b) Placement. Seats shall be positioned across the bus, not lengthwise.
In Type 1 school buses, no pupil's seat shall be placed ahead of a line
drawn across the bus and immediately behind the driver's seat. In Type
1 school buses constructed on or after July 1 , 1 968, there shall not be less
than 25 in. between the front of the back of each seat and the rear of the
back of the seat immediately ahead. In Type 2 school buses constructed
on or after July 1, 1970, there shall not be less than 24 in. between the
front of the back of each seat and the rear of the back of the seat immedi-
ately ahead. The foregoing measurements refer to the level plane parallel
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§1279
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
to the centerline of the vehicle immediately above the highest portion of
the seat cushion. The measured distance shall not include any indentation
or depression.
(c) Securement. Pupils' seats shall be securely fastened, as follows:
(1) Frames. Legs of all seat frames shall be secured to the floor with
bolts or self-tapping screws. Bolts shall be of at least 1/4-in. diameter
and of Society of Automotive Engineers Grade 3 designation or equiva-
lent strength. Bolts shall be secured by a flat washer of at least 1 1/4-in.
diameter, or equivalent securement, and a lock washer and nut or self-
locking nut. Self-tapping screws shall be at least 5/16 in. in diameter and
threaded through 12-gauge steel plating.
(2) Cushions. In Type 1 school buses constructed after January 1,
1957, and Type 2 school buses constructed after January 1, 1968, each
seat cushion shall be fastened to the seat frame with a positive locking
device at not less than two points on the front or rear of the cushion.
(d) Padding. All seats and seat backs shall be covered with padding.
In addition, all school buses constructed after January 1, 1973, shall be
equipped with interior protective padding capable of minimizing injuries
from impacts, as follows:
(1) All exposed passenger seat rails, except the rearmost seats, shall
be padded down to seat-cushion level, and the top rail of the driver's seat
shall be padded unless separated from passenger seating by a padded re-
straining barrier.
(2) Stanchions shall be padded to within 3 in. of the ceiling and the
floor.
(3) Guard rails shall be padded from the bus wall to the farthest sup-
port.
(e) Modification. No modification of factory seating shall be permitted
on Type 2 school buses purchased on or after July 1, 1966, and manufac-
tured before July 1, 1970, except as follows:
(1) A Type 2 school bus constructed before July 1, 1970, shall not
transport more than 12 passengers and the driver unless it meets all regu-
lations relating to Type 2 school buses constructed on or after July I,
1970.
(2) Modifications to increase the seating capacity to 12 passengers
shall be allowed only upon the approval of the department. Such approval
shall be contingent upon the manufacturer's gross vehicle weight rating.
(f) Exception. This section does not apply to seats consisting of wheel-
chairs used in accordance with the provisions for wheelchair school
buses in this title.
(g) Federal Requirements. School buses manufactured and maintained
in compliance with Federal Motor Vehicle Safety Standard 222 shall be
deemed in compliance with the seating requirements of this section.
NOTE: Authority cited: Sections 34501.5 and 34508, Vehicle Code. Reference:
Sections 34501.5 and 34508, Vehicle Code.
History
1. Change without regulatory effect amending subsection (b) and adding new
Note filed 5-11-95 pursuant to section 100, title 1, California Code of Regula-
tions (Register 95, No. 19).
2. Amendment of subsection (a) filed 4-2-98; operative 5-2-98 (Register 98, No.
14).
§1279. Aisles.
The aisle in Type 1 school buses shall be at least 12 in. wide; the aisle
in Type 2 school buses manufactured on and after July 1, 1970, shall be
at least 1 1 in. wide. Aisles shall provide unobstructed access to all seats
on the aisle. The aisle on all Type 1 school buses and Type 2 school buses
manufactured on and after April 1, 1977, shall provide unobstructed ac-
cess to the rear floor-level emergency door, if so equipped. Aisles shall
be surfaced with a nonslip material.
NOTE: Authority and reference cited: Section 34508, Vehicle Code.
History
1. Amendment filed 5-15-81; effective thirtieth day thereafter (Register 81, No.
20).
§1280. Steps.
Steps of Type 1 school buses constructed after January 1, 1950, and
of Type 2 school buses constructed after January 1, 1970, shall meet the
following requirements:
(a) First Step. The first step to the entrance door in a Type 1 school bus
shall be not more than 1 7 in. high, and on a Type 2 school bus not more
than 20 in. high, measured from the ground when the bus is unloaded.
(b) Risers. When more than one step issued, risers of the upper steps
shall be not more than 13 in. high.
(c) Covering. Steps shall be covered with a nonslip material.
(d) Foot Space. The space for passengers' feet shall not be decreased
by any object (except wheelhousings) placed upon or protruding through
the floor behind a line drawn across the bus in back of the driver's seat.
"Foot space" does not include that part of the floor directly under a seat
cushion or within 6 1/2 in. of the sidewalk
(e) Ramps. No floor ramp is permitted on school buses if it makes
walking in the aisles hazardous. No such ramp that is less than 6 ft long
or has a rise of more than 5 in. is permitted.
NOTE: Authority and reference cited: Sections 34501.5 and 34508, Vehicle Code,
and 39831, Education Code.
History
1 . Amendment of subsection (d) filed 4-9-79; designated effective 6-1-79 (Reg-
ister 79, No. 15). For prior history, see Register 78, No. 33.
§1281. Doors.
In addition to the provisions in Section 1267 of this title, the following
regulations apply to nonemergency doors on school buses.
(a) Type 1 Buses. Doors on Type 1 school buses shall meet the follow-
ing requirements:
(1 ) The entrance and exit door shall be on the right-hand side, toward
the front of the bus, and directly within the view and under the control of
the driver. The door will be deemed to be directly within the view of the
driver only if the front of the opening is in front of a line drawn across
the bus immediately in front of the driver's backrest.
(2) Although not required, there may be a door beside the driver for the
exclusive use of the driver.
(3) School buses constructed after January 1, 1950, shall comply with
these additional requirements.
(A) The entrance and exit door shall provide an unobstructed opening
at least 24 in. wide and 65 in. high.
(B) Approved safety glazing shall be installed in door panels. In the
lower panel, the bottom of the glazing shall not be more than 35 in. from
ground level with the bus unloaded. In the upper panel, the top of the glaz-
ing shall not be more than 6 in. from the top of the door.
(C) Flexible material shall be affixed to the vertical-closing edges of
the door.
(b) Door Padding. On all Type 1 school buses, and Type 2 school buses
manufactured on and after July 1, 1970, the inside top door frame shall
be cushioned by soft padding at least 1/2 in. thick, to prevent head inju-
ries.
NOTE: Authority and reference cited: Section 34508, Vehicle Code.
History
1. Amendment of subsection (a)(3)(B) filed 5-17-84; effective thirtieth day there-
after (Register 84, No. 20). For prior history, see Register 78, No. 33.
§ 1 281 .1 . Door Warning Devices.
On all school buses, except Type 2 buses manufactured prior to July
1, 1970, every emergency door and every floor level door located to the
rear of the driver' s seat shall have an electrical warning device that is both
audible and visible from the driver's seating position while the ignition
switch is on. The visible device shall be a green or red light. The warning
device shall be activated as follows:
(a) On Type 1 school buses manufactured on or after January 1, 1950,
and all school buses manufactured on or after April 1, 1977, when the
door latch is not in the closed position.
(b) On Type 2 buses manufactured on or after July 1, 1970, and prior
to April 1, 1977, by opening the door.
Page 146.4
Register 2002, No. 26; 6-28-2002
Title 13
Department of the California Highway Patrol
§1284
(c) On all school buses manufactured after January 1, 1993, when the
latch mechanism is not fully engaged and securing the door in the closed
position. The warning device shall be activated by movement of the latch
mechanism and shall activate prior to the latch reaching a position which
would allow the door to open. A warning device which can be deacti-
vated by operating the door handle or latch mechanism without closing
the door does not meet this requirement.
NOTE: Authority and reference cited: Section 34508, Vehicle Code.
History
1. New section filed 4-2-81; effective thirtieth day thereafter (Register 81, No.
14).
2. New subsection (c) filed 4-22-93; operative 5-24-93 (Register 93, No. 17).
§ 1282. Emergency Exits Type 1 School Buses.
Type 1 school buses constructed on and after January 1, 1950, shall
comply with the following requirements:
(a) Location and Type. Each school bus shall be equipped with an
emergency door located on the left side near the rear of the bus at floor
level, and a center rear emergency exit, which may be either a floor level
door or an emergency window. The location requirement for a left side
emergency door shall not apply to buses manufactured on or after May
9, 1996, in compliance with FMVSS 217 (49 CFR 571.217). If a bus is
equipped with a center rear, floor level emergency door, the left side floor
level emergency door may be located anywhere on the left side to the rear
of the driver's seat. A school bus equipped to transport fewer than 26 pas-
sengers may meet the requirement with a single, center rear, floor level
emergency door.
(b) Openings. Each emergency door shall provide an unobstructed
opening of not less than 24 inches wide and 45 inches high.
(c) Rear Emergency Windows. Each emergency window shall provide
an unobstructed opening of not less than 16 x 54 inches, and shall be de-
signed to ensure against accidental closing.
NOTE: Authority cited: Sections 34501 .5 and 34508, Vehicle Code. Reference:
Sections 34501.5 and 34508, Vehicle Code.
History
1 . Editorial correction in subsection (c) (Register 79, No. 28). For prior history, see
Register 78, No. 33.
2. Change without regulatory effect amending section filed 7-17-91 pursuant to
section 100, title 1, California Code of Regulations (Register 91, No. 50).
3. Change without regulatory effect amending subsections (a) and (b) and adding
Note filed 1 0-27-98 pursuant to section 1 00, title 1 , California Code of Regula-
tions (Register 98, No. 44).
§ 1283. Emergency Exits Type 2 School Buses.
Type 2 school buses constructed on and after July 1, 1970, shall have
at least one emergency exit to the rear of a line drawn crosswise to the bus
directly to the rear of the driver' s seat. When the required emergency exit
is not located at the rear of the bus, emergency exits shall be provided on
both the left and right sides. Emergency exits shall provide at least 564
sq in. of escape area with a minimum dimension of 12 in.
History
1 . For prior history, see Register 78, No. 33.
§ 1284. Emergency Exits — All School Buses.
On all school buses, except Type 2 school buses manufactured prior
to July 1, 1970, emergency exits shall meet the following requirements:
(a) Opening. Emergency exits shall be capable of being opened out-
ward from both the interior and exterior of the bus except as exempt in
1293(d)(1)(C). The emergency exit shall be equipped with a positive
latching device to keep it closed, but of a type that can be readily opened
for authorized use.
(b) Latch Obstruction. No obstruction shall be placed over the handle
of an emergency exit.
(c) Identification and Operation of Controls. All interior controls for
emergency exits shall be readily identifiable and operable by passengers;
control of such exits from the driver's seat is not permitted.
(1) Buses manufactured on or after April 1, 1 977, shall have operating
instructions describing the motions necessary to unlatch and open the
emergency exit, in letters at least 3/8 in. high, of a color that contrasts with
its background, and located within 6 in. of the door handle on the interior.
(2) A sign reading "Emergency Exit" in letters at least 2 in. high shall
be on the interior and exterior of the bus at each emergency exit. Interior
letters shall be in a color that contrasts with the background. Exterior let-
ters shall be black, at or above eye level.
(d) Door Glass. All doors shall be equipped with approved safety glaz-
ing material.
(e) Side Doors. Single-paneled side emergency doors, if hinged, shall
be hinged on the forward edge.
(f) Attachments. No part of a seat shall be a part of or attached to an
emergency door.
(g) Aisle to Side Floor-Level Door. The aisle leading between the
seats to a side floor-level emergency door shall not be obstructed by any
post, wheelhousing, or other obstacle. For purposes of this subsection, a
seat is not an obstacle if applicable provisions of FMVSS 217 are met.
(h) Door Guard. Each emergency door opening may be provided with
a securely attached safety guard installed completely across the interior
of the door opening. On at least one end, the guard shall be equipped with
an easily detachable quick release that is releasable under tension and se-
cured at points on each side of the door frame not more than 6 in. above
or below the horizontal centerline of the door. The guard shall not inter-
fere with the opening of the door.
(i) Additional Emergency Exits. Additional emergency exits may be
installed, but all shall conform with the minimum specifications in the
applicable FMVSS.
(j) Emergency Exits in Wheelchair School Buses. School buses used
to transport physically handicapped pupils in wheelchairs shall conform
[The next page is 147.]
Page 146.5
Register 2002, No. 26; 6-28-2002
Title 13
Department of the California Highway Patrol
§ 1288.1
•
•
•
to the provisions of this section as well as the provisions of Section 1 293
of this subchapter.
NOTE: Authority and reference cited: Sections 34501.5 and 34508, Vehicle Code,
and 39831 , Education Code.
History
1 . Amendment of section title filed 4-9-79; designated effective 6-1-79 (Register
79, No. 15).
2. Amendment of subsection (i) filed 4-3-80; designated effective 7-1 -80 (Regis-
ter 80, No. 14).
3. Amendment of subsections (a) and (g) filed 4-2-81; effective thirtieth day
thereafter (Register 81, No. 14).
4. Editorial correction of printing error in first paragraph (Register 92, No. 12).
§ 1285. Windows— Type 1 School Bus.
The windows on Type 1 school buses shall be as follows:
(a) Size of Opening. Windows shall open and lower vertically and
shall provide unobstructed openings not less than 1 2 in. in height and 264
sq in. in area.
(b) Exceptions. These windows may be stationary and of lesser dimen-
sions:
(1) Rear windows and the rearmost side windows.
(2) Windows in or immediately adjacent to an entrance or emergency
door.
(3) Side windows located forward of the entrance door required by
Section 1281.
(4) A window on the left side located between the driver's window and
the window adjacent to the nearest passenger seat.
(c) Driver's Window. The foremost window to the left of the driver
may be of lesser dimensions and may open and close horizontally.
(d) Banding. All exposed edges of glass in windows shall be banded.
(e) Latches. On Type 1 school buses constructed on or after January
1, 1957, window latches shall be designed so that no sharp edges pro-
trude.
NOTE: Authority and reference cited: Sections 34501.5 and 34508, Vehicle Code;
and Section 39831, Education Code.
History
1. New subsection (b)(3) filed 8-24-79; designated effective 10-1-79 (Register
79, No. 34).
2. Editorial correction (Register 79, No. 38).
3. Amendment of subsection (b)(2) filed 4-2-81; effective thirtieth day thereafter
(Register 81, No. 14).
^
4. New subsection (b)(4) filed 4-27-83; effective thirtieth day thereafter (Register
83, No. 18).
§ 1286. Windows— Type 2 School Bus.
The windows on Type 2 school buses constructed on and after July 1,
1970, shall conform to the following requirements:
(a) Banding. All exposed edges of laminated glass used in windows
shall be banded.
(b) Latches. Window latches shall be designed so that no sharp edges
protrude.
History
1. For prior history, see Register 78, No. 33.
§ 1287. Glazing Material.
Glazing material shall be free of cracks and breaks or defects that
would endanger the driver and passengers or other persons.
§1288. Turn Signal System.
Type 1 school buses, and Type 2 school buses constructed on and after
July 1, 1970, shall be equipped with amber turn signal lamps. Front turn
signal lamps shall be mounted below the windshield. Rear turn signal
lamps shall be separated from the tail lamps, stop lamps, and rear reflec-
tors. On Type 1 school buses, rear turn signal lamps shall be mounted be-
low the rear windows.
NOTE: Authority and reference cited: Section 34508, Vehicle Code, and 39831,
Education Code.
History
1. Amendment filed 4-9-79; designated effective 6-1-79 (Register 79, No. 15).
2. Amendment filed 6-9-82; effective thirtieth day thereafter (Register 82, No.
24).
§ 1 288.1 . Warning Lamp Hoods.
School bus warning lamps, required by section 25257 of the Vehicle
Code, manufactured after January 1, 1973, shall be used in conjunction
with lens hoods. The top of the hood shall project at least 120 mm (5 in.)
in front of the foremost part of the lens. The sides of the hood at a vertical
plane 60 mm (2.5 in.) ahead of the lens shall extend down to 15 ± 5 deg
above the horizontal place, measured from the lens center as shown in
Figure 1 . The shape of the hood may differ from that shown in Figure 1
provided it meets the specified dimensions. Warning lamps may not be
transferred to another school bus unless used in conjunction with lens
hoods.
5 IN. MIN
15° ±
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iiiuiiitiiiiHiinai
'tciaaaaaaaaaaaaaaaai
1 iliiiltllillliniltr
iiiiiiiiiiiiiiiii'
.3
15° ±5°
>UT|jj|]TI»
Front View
Figure 1 . School Bus Warning Lamp Hood
(64MM)
Side View
NOTE: Authority cited: Sections 26103 and 34508. Vehicle Code. Reference: Sec- 2. Editorial correction adding text inadvertently omitted in printing (Register 91 ,
tions 24012, 26103 and 34508, Vehicle Code. No. 18).
History
1. New section filed 4-2-81; effective thirtieth day thereafter (Register 81, No.
14).
Page 147
Register 2008, No. 21; 5-23-2008
§1289
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
§1289. Wheel Clearance.
School bus wheelhousings shall clear the wheels regardless of load,
and permit the installation of chains; wheelhousings shall not project
above the floor into leg space more than 1 1 in. Leg space is the area im-
mediately forward of the front edge of a seat cushion to the floor.
§1290. Bumpers.
Bumpers on Type 1 school buses constructed after January 1, 1950,
and on Type 2 school buses constructed on and after July 1 , 1970, shall
be installed front and rear and shall be attached directly to the chassis
frame or other structural members of sufficient strength. Bumpers shall
be strong enough to permit the bus to push a vehicle of equal gross loaded
weight or be pushed without permanent distortion of bumper, chassis, or
body. Rear bumpers of Type 1 school buses shall be designed to prevent
anyone from getting a toehold and hitching a ride. A rear bumper is not
required when a vehicle is equipped on the rear with a wheelchair loading
device that, when retracted, meets or exceeds the protection provided by
the original bumper.
§ 1 291 . Steering Components.
No change shall be made to the steering gear, linkage, or related parts
that would alter the manufacturer's intended geometry, nor shall any ad-
dition be made that would unsafely affect the operation or stability of a
school bus. On school buses constructed after January 1, 1950, the outer
rim of the steering wheel shall be at least 3 in. from the instrument panel,
windshield frame, and other obstructive surface or mechanical device ex-
cept the turn signal lever and a gearshift mounted on the steering post.
§ 1292. Roadside Warning Devices.
Every school bus shall be equipped with and display emergency re-
flectors as specified in Vehicle Code Section 25300.
§ 1293. Wheelchair School Buses.
Provisions of this section shall apply to all school buses transporting
pupils in wheelchairs.
(a) Construction of Body — Basic Provisions. Notwithstanding other
provisions of this subchapter, a school bus body that is constructed, al-
tered, or modified for the purpose of installing and operating equipment
approved for loading, unloading, and transporting physically handi-
capped pupils and pupils in wheelchairs shall comply with this section
and Section 1231. This requirement applies only to those portions of a
school bus used to transport pupils in wheelchairs. Pupils not seated in
wheelchairs shall be provided aisles, passageways, and exits that con-
form to all other provisions of law.
(b) Inspection. Each school bus that has been certified pursuant to Ve-
hicle Code Section 2807, and is subsequently modified to conform to the
provisions of this section, shall not transport pupils until all changes have
been inspected and approved by an authorized employee of the depart-
ment. The vehicle owner shall provide a wheelchair to be used for testing
the performance of vehicle equipment.
(c) Entrance Doors. Entrance doors used by pupils in wheelchairs shall
be installed and maintained as follows:
(1) Type 1 school buses equipped with entrance doors that conform
with Section 1 28 1 of this subchapter may also be equipped with an addi-
tional entrance door which conforms to the provisions of this section.
Each door shall be installed by the body manufacturer or with his written
approval and statement, or the written statement of an approved indepen-
dent engineering testing firm, that the installation of the door will not ad-
versely affect the structural integrity of the vehicle.
(2) AH such doors shall afford easy manual operation from inside or
outside the vehicle in case of emergency and shall be protected from acci-
dental opening, except that a means of opening the door from the inside
is not required on doors with wheelchair loading devices obstructing the
passageway.
(3) Instructions for the manual operation of the door and wheelchair
loading device from outside the vehicle shall be displayed in clear view
on the exterior of the vehicle at the exit.
(4) The door shall provide an opening not less than 24 in. wide. There
shall be a soft head cushion at least 1/2 in. thick on the inside of the bus
at the lower edge of the top of the door opening.
(d) Wheelchair Emergency Exits. School buses transporting pupils in
wheelchairs shall have at least two floor-level doors. One door shall be
used for the regular loading and unloading of wheelchairs as described
in subsection (c). The additional floor-level door shall be an emergency
door for the evacuation of pupils in wheelchairs. The additional door
shall be equipped and installed at one of the locations specified in Section
1282 for emergency exits. The door shall provide an unobstructed open-
ing not less than 24 in. wide. If a pupil's physical condition prevents that
pupil from being readily evacuated through a door 24 in. wide, the door
shall be as wide as necessary to permit rapid evacuation of that pupil dur-
ing an emergency. Type 1 school buses transporting pupils in both wheel-
chairs and seats shall comply with the requirements of 1282 and 1284 of
this subchapter.
(1 ) Alternate Emergency Exit. Type 2 school buses transporting pupils
in wheelchairs and regularly seated pupils may meet the requirement for
a left side emergency exit with two emergency windows on the left side
providing:
(A) The required rear emergency door is inoperable from the interior
due to a retracted wheelchair loading device.
(B) The vehicle is equipped with a right side floor-level emergency
door located to the rear of the driver's seat.
(C) The alternate exit consists of not more than two windows each hav-
ing a minimum opening dimension of 12 in. and a combined total area
of at least 564 in. Such exits need be identified and operable only from
the bus interior.
(2) Aisles. Aisles on school buses transporting wheelchairs shall be
provided as follows:
(A) An emergency passageway with a width of not less than 9 in. shall
provide access to each wheelchair station from both the door used to load
and unload the wheelchairs and to the floor level emergency exit door re-
quired by this section. A wheelwell will not be considered an obstruction
for the purposes of this subsection.
(B) Notwithstanding subsection (A), an aisle shall be provided as wide
as necessary to effect a rapid evacuation of any wheelchair containing a
pupil during an emergency and shall provide access to each wheelchair
from both the door used to load and unload the wheelchairs and to the
floor level emergency exit door required by this section. An aisle is not
considered obstructed if the only obstruction is another wheelchair that
can be readily removed.
(e) Wheelchair Loading Devices. Loading devices for the ingress and
egress of pupils in wheelchairs shall be installed, maintained, and oper-
ated as follows:
(1) Any installation of a wheelchair loading device that requires modi-
fication of the vehicle chassis shall be performed by the chassis manufac-
turer or with the manufacturer's written approval and statement that the
chassis modification will not adversely affect the structural integrity of
the vehicle.
(2) No loading device shall be constructed or operated in a manner that
requires the driver to leave a pupil unattended on the loading device out-
side the passenger compartment, nor shall any driver permit a pupil to be
unattended on a loading device outside the passenger compartment.
(3) Each hoist or elevator-type loading device shall be constructed
with a positive method of preventing an unbraked wheelchair from roll-
ing off during the lifting operation.
(4) Any loading device stored inside the vehicle shall be secured to the
vehicle in a manner that will prevent hazardous movement during normal
operation or in the event of an emergency stop, traffic accident, or vehicle
overturn.
•
Page 148
Register 2008, No. 21; 5-23-2008
Title 13
Department of the California Highway Patrol
§1300
•
(5) Any loading device stored inside the vehicle shall be equipped with
padding capable of minimizing injury-producing impact forces, and all
exposed edges or other hazardous protrusions shall be padded to within
3 in. of the bus floor.
(6) The travel surface of all loading devices shall be covered with non-
skid material.
(f) Securement of Pupils and Wheelchairs. Passengers shall be secured
to wheelchairs by a restraining belt specified in subsection (g) while be-
ing loaded, unloaded, and transported. Wheelchairs shall be secured as
follows:
(1) Wheelchairs shall be secured with fasteners of sufficient strength
to prevent the chairs from rotating, prevent the chair wheels from leaving
the floor in case of sudden movement, or support the chairs in the event
the vehicle is overturned.
(2) Fasteners shall contact the wheelchair on at least three points and
shall be spaced to provide the most effective securement. No fastener
shall be attached to any door. No fastener shall project more than 1 1/2
in. above the floor in the area between the wheel wells of the vehicle.
(3) Fasteners shall consist of either two webbed belts described in sub-
section (A) or two all-metal devices described in subsection (B), or one
each of such devices, installed in conformance with this subsection.
(A) Webbed safety belts shall meet or exceed federal specifications for
Type 2 pelvic restraint seat belts or be certified by the manufacturer to
meet or exceed assembly strengths of 5,000 lb in loop fashion or 2,500
lb on each anchorage leg. Certification may be the manufacturer's speci-
fications listed in catalogs or publications. All new construction of
webbed fasteners and repairs to webbing shall conform with standards
established by the manufacturer of the webbing. Webbed belts attached
directly to the vehicle and securement track used for webbed fastener at-
tachments shall be secured to the vehicle at not less than two separate
points with bolts, nuts, and lock washers or self-locking nuts. Bolts used
shall provide holding strength equal to or greater than that of two bolts
3/8 in. in diameter and of National Fine Thread SAE grade 5. All fasten-
ing of webbing and securement tracks shall be in accordance with the
manufacturer's specifications provided that no standard established
herein may be violated. Where mounting bolts do not pierce the vehicle
frame, subframe, body posts, or equivalent metal structure, a reinforce-
ment plate or washer not less than 1/16 in. in thickness and 2 1/2 in. in
diameter is required. Smaller diameter washers may be used to install
wheelchair securement track provided a minimum of four fasteners and
four washers are used for each track installation. These washers shall be
not less than 1 1/4 in. in diameter, not less than 1/16 in. in thickness, and
have an appropriate inside diameter. In no event shall interior paneling
constitute anchorage for a point of securement. When not in use, webbed
belts shall be removed or retracted.
(B) All-metal fasteners shall be secured to the vehicle with bolt nuts
and lock washers or self-locking nuts of National Fine Thread SAE grade
5 or equivalent. Such devices shall have two points of securement requir-
ing bolts 3/8 in. in diameter or equivalent, or one point of securement re-
quiring a bolt of 1/2 in. in diameter or equivalent. Where mounting bolts
do not pierce the vehicle frame, subframe, body post, or equivalent metal
structure, a reinforcement plate or washer not less than 1/16 in. in thick-
ness x 2 1/2 in. in diameter is required. In no event shall interior paneling
constitute anchorage for a point of securement.
(g) Equipment of Wheelchairs. Wheelchairs shall be equipped as fol-
lows:
(1) Brakes and Restraining Belt. Wheelchairs shall be equipped with
brakes and a restraining belt properly maintained by the owner of the
chair. Electric wheelchairs transported on school buses shall be capable
of being locked in gear when placed in a school bus or shall have an inde-
pendent braking system capable of holding the wheelchair in place.
(2) Batteries. Batteries used to propel electric wheelchairs transported
on school buses shall be both leak resistant and spill resistant or shall be
placed in a leak resistant container. Batteries shall be secured to the
wheelchair frame in such a manner as to prevent separation in the event
of an accident.
NOTE: Authority and reference cited: Sections 34501.5 and 34508, Vehicle Code.
History
1. Amendment of subsection (g)(2)(B) filed 4-3-80; designated effective 7-1-80
(Register 80, No. 14).
2. Amendment filed 4-2-81; effective thirtieth day thereafter (Register 81, No.
14).
3. Amendment of subsection (f)(3)(A) filed 4-16-86; effective thirtieth day there-
after (Register 86, No. 16).
Chapter 7. Cargo Securement Standards
Article 1.
Protection Against Shifting and
Falling Cargo
§1300. Scope of Regulations.
(a) Applicability. Unless otherwise indicated within a specific section,
the provisions of this chapter shall apply to farm labor vehicles and the
vehicles listed in Vehicle Code Section 34500 and their operation.
(b) Incorporation by Reference. Motor carriers and drivers engaged in
interstate and intrastate commerce shall comply with the federal Protec-
tion Against Shifting and Falling Cargo regulations contained in Title 49,
Code of Federal Regulations, Part 393, as those regulations now exist or
are hereafter amended.
(c) Referenced Regulations. Copies of Title 49 CFR, can be obtained
from:
SUPERINTENDENT OF DOCUMENTS
U.S. GOVERNMENT PRINTING OFFICE
POBOX 371954 '
PITTSBURGH, PA 15250-7954
(202) 512-1800
Internet purchases: http//www. access. gpo.gov/su_docs/sale. html
(d) Limited application.
( 1 ) This chapter does not apply to the transportation of a pole on a pole
dolly by a public utility company or a local public agency engaged in the
business of supplying electricity or telephone service, by the Department
of Transportation, or by a licensed contractor in the performance of work
for a public utility company, a local agency, or the Department of Trans-
portation, when the transportation is between storage yards or between
a storage yard and job location where the pole is to be used. However, no
more than nine poles shall be transported on a dolly if any of those poles
exceeds a length of 30 feet. If poles 30 feet or less are transported by a
pole or pipe dolly, no more than 1 8 poles shall be transported. A pole shall
be adequately secured when being transported on a dolly, to prevent
shifting or spilling of a load.
(2) This chapter does not apply to a farmer transporting his or her own
hay or straw, incidental to his or her farming operation, if that transporta-
tion requires that the farmer use a highway, except that this subdivision
does not relieve the farmer from loading and securing the hay or straw
in a safe manner.
(e) Exemptions. The Commissioner may grant exemptions from any
of the requirements of this chapter when, in his judgment, requests appear
reasonable, or the results intended by these regulations can be accom-
plished by alternate methods of compliance. However, no exemption will
be granted if, in the opinion of the Commissioner, the exemption would
compromise the safety requirements of these regulations. In addition,
any exemption granted by the Commissioner is nontransferable and may
be rescinded at any time for cause.
(1) Application for Exemption. An application for exemption shall be
made in writing to the Commissioner, and it shall include the following
data:
Reason for requesting an exemption
Alternate method(s) of compliance
When relevant, the make and model, vehicle identification number,
and license number of the vehicle for which the exemption is being re-
quested
The application shall be mailed to:
Page 149
Register 2008, No. 5; 2-1-2008
§ 1301
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
CALIFORNIA HIGHWAY PATROL
ENFORCEMENT SERVICES DIVISION
POST OFFICE BOX 942898
SACRAMENTO, CA 94298-0001
(2) Copy of Exemption. A copy of any exemption granted shall be car-
ried in the vehicle(s) for which it was issued at all times, unless specified
otherwise in the exemption, and shall be presented for inspection upon
demand by any authorized representative of the Department.
(3) Blanket Exemptions. The provisions of this subsection do not ap-
ply to any blanket exemptions the Commissioner may elect to issue. A
blanket exemption is an exemption from a particular provision of this
chapter granted to all vehicles, or vehicles manufactured on or after a spe-
cified date, pending a change in these regulations.
NOTE: Authority cited: Sections 2402 and 34500.3, Vehicle Code. Reference:
Sections 15210, 34500 and 34500.3, Vehicle Code.
History
1 . Repealer and new Article 1 ( §§ 1 300 through 1 303) filed 1 2-30-69; designated
effective 2-2-70 (Register 70, No. 1 ). For prior history, see Register 67, No. 44.
2. Renumbering of former Article 1(§§ 1300 through 1 303) to Article 8 (§§ 1370
through 1 373) and new Article 1 (§§ 1300 through 1305) filed 10-19-73; desig-
nated effective 12-1-73 (Register 73, No. 42).
3. Amendment filed 10-22-74; effective thirtieth day thereafter (Register 74, No.
43).
4. Editorial correction of Section and Note (Register 82. No. 2).
5. Repealer and new chapter heading, article heading and section filed
12-27-2006 as an emergency; operative 1-1-2007 (Register 2006, No. 52). A
Certificate of Compliance must be transmitted to OAL by 5-1-2007 or emer-
gency language will be repealed by operation of law on the following day.
6. Repealer and new chapter heading, article heading and section refiled 5-1-2007
as an emergency; operative 5-2-2007 (Register 2007, No. 1 8). A Certificate of
Compliance must be transmitted to OAL by 8-30-2007 or emergency language
will be repealed by operation of law on the following day.
7. Repealer and new chapter heading, article heading and section refiled
8-22-2007 as an emergency; operative 8-30-2007 (Register 2007, No. 34). A
Certificate of Compliance must be transmitted to OAL by 12-28-2007 or emer-
gency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 8-22-2007 order, including amendment of sec-
tion and Note, transmitted to OAL 12-18-2007 and filed 2-1-2008 (Register
2008, No. 5).
§1301. Definitions. [Repealed]
NOTE: Authority cited: Sections 2920C, 29800, 30800, 31510, 31520, 31530 and
31540, Vehicle Code. Reference: Sections 29200, 29800, 30800, 31510, 31520,
31530 and 31540, Vehicle Code.
History
1. Amendment filed 10-22-74; effective thirtieth day thereafter (Register 74, No.
43).
2. Editorial correction of Note (Register 82, No. 2).
3. Amendment filed 10-30-84; effective thirtieth day thereafter (Register 84, No.
44).
4. Repealer filed 12-27-2006 as an emergency; operative 1-1-2007 (Register
2006, No. 52). A Certificate of Compliance must be transmitted to OAL by
5-1-2007 or emergency language will be repealed by operation of law on the
following day.
5. Repealer refiled 5-1-2007 as an emergency; operative 5-2-2007 (Register
2007, No. 18). A Certificate of Compliance must be transmitted to OAL by
8-30-2007 or emergency language will be repealed by operation of law on the
following day.
6. Repealer refiled 8-22-2007 as an emergency; operative 8-30-2007 (Register
2007, No. 34). A Certificate of Compliance must be transmitted to OAL by
12-28-2007 or emergency language will be repealed by operation of law on the
following day.
7. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§ 1302. General Requirements. [Repealed]
NOTE: Authority cited: Sections 29200, 29800, 30800 31510, 31520, 31530 and
31540, Vehicle Code. Reference: Sections 29200, 29800, 30800, 31510, 31520,
31530 and 31540, Vehicle Code.
History
1. New subsection (i) filed 10-22-74; effective thirtieth day thereafter (Register
74, No. 43).
2. Editorial correction of Note (Register 82, No. 2).
3. Amendment of subsection (b) filed 9-14-88; operative 10-14-88 (Register 88,
No. 38).
4. Repealer filed 12-27-2006 as an emergency; operative 1-1-2007 (Register
2006, No. 52). A Certificate of Compliance must be transmitted to OAL by
5-1-2007 or emergency language will be repealed by operation of law on the
following day.
5. Repealer refiled 5-1-2007 as an emergency; operative 5-2-2007 (Register
2007, No. 18). A Certificate of Compliance must be transmitted to OAL by
8-30-2007 or emergency language will be repealed by operation of law on the
following day.
6. Repealer refiled 8-22-2007 as an emergency; operative 8-30-2007 (Register
2007, No. 34). A Certificate of Compliance must be transmitted to OAL by
12-28-2007 or emergency language will be repealed by operation of law on the
following day.
7. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§1303. Specifications. [Repealed]
NOTE: Authority cited: Sections 24005.5, 29200, 29800, 30800, 31510. 31520,
31530 and 31540, Vehicle Code. Reference: Sections 24005.5, 29200, 29800,
30800, 31510, 31520, 31530 and 31540, Vehicle Code.
History
1. Amendment of subsections (e) and (f) filed 10-22-74; effective thirtieth day
thereafter (Register 74, No. 43).
2. Amendment of subsection (e) filed 8-19-76; designated effective 9-24-76
(Register 76, No. 34).
3. Amendment of subsection (f)(5) filed 4-8-77; designated effective 5-16-77
(Register 77, No. 15).
4. Amendment of subsections (f)(5) and (f)(8) filed 1-26-79; effective thirtieth
day thereafter (Register 79, No. 4).
5. Amendment of subsections (a) and (f) filed 1-8-82; effective thirtieth day there-
after (Register 82, No. 2).
6. Amendment filed 10-30-84; effective thirtieth day thereafter (Register 84, No.
44).
7. Amendment of subsection (0 filed 9-14-88; operative 10-14-88 (Register 88,
No. 38).
8. Repealer filed 12-27-2006 as an emergency; operative 1-1-2007 (Register
2006, No. 52). A Certificate of Compliance must be transmitted to OAL by
5-1-2007 or emergency language will be repealed by operation of law on the
following day.
9. Repealer refiled 5-1-2007 as an emergency; operative 5-2-2007 (Register
2007, No. 18). A Certificate of Compliance must be transmitted to OAL by
8-30-2007 or emergency language will be repealed by operation of law on the
following day.
10. Repealer refiled 8-22-2007 as an emergency; operative 8-30-2007 (Register
2007, No. 34). A Certificate of Compliance must be transmitted to OAL by
12-28-2007 or emergency language will be repealed by operation of law on the
following day.
11. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§ 1304. Testing and Certification. [Repealed]
NOTE: Authority cited: Sections 24005.5, 29200, 29800, 30800, 31510, 31520,
31530 and 31540, Vehicle Code. Reference: Sections 24005.5, 29200, 29800,
30800, 31510, 31520, 31530 and 31540, Vehicle Code.
History
1. Amendment filed 4-8-77; designated effective 5-16-77 (Register 77, No. 15).
2. Amendment of subsections (a), (b) and (c) filed 1-26-79; effective thirtieth day
thereafter (Register 79, No. 4).
3. Amendment of subsections (c) and (d) filed 1-8-82; effective thirtieth day
thereafter (Register 82, No. 2).
4. Amendment of subsections (b) and (c) filed 10-30-84; effective thirtieth day
thereafter (Register 84, No. 44).
5. Repealer and new section filed 9-14-88; operative 10-14-88 (Register 88, No.
38).
6. Repealer filed 12-27-2006 as an emergency; operative 1-1-2007 (Register
2006, No. 52). A Certificate of Compliance must be transmitted to OAL by
5-1-2007 or emergency language will be repealed by operation of law on the
following day.
7. Repealer refiled 5-1-2007 as an emergency; operative 5-2-2007 (Register
2007, No. 18). A Certificate of Compliance must be transmitted to OAL by
8-30-2007 or emergency language will be repealed by operation of law on the
following day.
8. Repealer refiled 8-22-2007 as an emergency; operative 8-30-2007 (Register
2007, No. 34). A Certificate of Compliance must be transmitted to OAL by
12-28-2007 or emergency language will be repealed by operation of law on the
following day.
9. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§ 1 304.1 . Test Samples. [Repealed]
NOTE: Authority cited: Sections 29200, 29800, 30800, 31510, 31520, 31530, and
31540, Vehicle Code. Reference: Sections 29200, 29800, 30800, 31510, 31520,
31530 and 31540, Vehicle Code.
Page 150
Register 2008, No. 5; 2-1-2008
Title 13
Department of the California Highway Patrol
§1314
History
1 . New section filed 4-8-77; designated effective 5-16-77 (Register 77. No. 15).
2. Repealer filed 1-26-79; effective thirtieth day thereafter (Register 79, No. 4).
3. Repealer re filed 5-1-2007 as an emergency; operative 5-2-2007 (Register
2007, No. 18). A Certificate of Compliance must be transmitted to OAL by
8-30-2007 or emergency language will be repealed by operation of law on the
following day.
4. Repealer refiled 8-22-2007 as an emergency; operative 8-30-2007 (Register
2007, No. 34). A Certificate of Compliance must be transmitted to OAL by
1 2-28-2007 or emergency language will be repealed by operation of law on the
following day.
5. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§ 1305. Condition and Use. [Repealed]
NOTE: Authority cited: Sections 29200, 29800, 30800, 31510, 31520, 31530 and
31540, Vehicle Code. Reference: Sections 29200, 29800, 30800, 31510, 31520,
31530 and 31540, Vehicle Code.
History
1 . Editorial correction of NOTE (Register 82, No. 2).
2. Editorial correction of subsection (b) (Register 82, No. 12).
3. Amendment of subsections (b)(3), (c)(2), (e) and (f) filed 10-30-84; effective
thirtieth day thereafter (Register 84, No. 44).
4. Amendment of subsection (e)(4) filed 9-14-88; operative 10-14-88 (Register
88, No. 38).
5. Editorial correction of Figure 5 (Register 91, No. 18).
6. Editorial correction of printing error in Figure 5. table (Register 92, No. 12).
7. Repealer filed 12-27-2006 as an emergency; operative 1-1-2007 (Register
2006, No. 52). A Certificate of Compliance must be transmitted to OAL by
5-1-2007 or emergency language will be repealed by operation of law on the
following day.
8. Repealer refiled 5-1-2007 as an emergency; operative 5-2-2007 (Register
2007, No. 1 8). A Certificate of Compliance must be transmitted to OAL by
8-30-2007 or emergency language will be repealed by operation of law on the
following day.
9. Repealer refiled 8-22-2007 as an emergency; operative 8-30-2007 (Register
2007, No. 34). A Certificate of Compliance must be transmitted to OAL by
12-28-2007 or emergency language will be repealed by operation of law on the
following day.
10. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§ 1310. Scope of Regulations. [Repealed]
NOTE: Authority cited: Section 30800, Vehicle Code. Reference: Section 30800,
Vehicle Code.
History
1 . Repealer of Article 2 (Sections 1310 through 1314) and new Article 2 (Sections
1310 through 1 3 14) filed 6-13-74; designated effective 7-20-74 (Register 74,
No. 24). For prior history, see Register 69, No. 18, 72, No. 15 and 73, Nos. 13
and 25.
2. Repealer of Article 2 (Sections 1310-1314) and new Article 2 (Sections
1310-1314) filed 9-25-81; effective thirtieth day thereafter (Register 81, No.
39). For prior history, see Register 78, No. 48.
3. Amendment of Note filed 9-3-99; operative 10-3-99 (Register 99, No. 36).
4. Repealer of article 2 (sections 1310-1315) and section filed 12-27-2006 as an
emergency; operative 1-1-2007 (Register 2006, No. 52). A Certificate of Com-
pliance must be transmitted to OAL by 5-1-2007 or emergency language will
be repealed by operation of law on the following day.
5. Repealer of article 2 (sections 1310-1315) and section refiled 5-1-2007 as an
emergency; operative 5-2-2007 (Register 2007, No. 1 8). A Certificate of Com-
pliance must be transmitted to OAL by 8-30-2007 or emergency language will
be repealed by operation of law on the following day.
6. Repealer of article 2 (sections 1310-1315) and section refiled 8-22-2007 as an
emergency; operative 8-30-2007 (Register 2007, No. 34). A Certificate of
Compliance must be transmitted to OAL by 12-28-2007 or emergency lan-
guage will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§ 1 31 1 . General Provisions. [Repealed]
NOTE: Authority cited: Section 30800, Vehicle Code. Reference: Section 30800,
Vehicle Code.
History
1. Amendment of subsections (c) and (d) filed 10-30-84; effective thirtieth day
thereafter (Register 84, No. 44.
2. Amendment of section and Note filed 9-3-99; operative 10-3-99 (Register 99,
No. 36).
3. Repealer filed 12-27-2006 as an emergency; operative 1-1-2007 (Register
2006. No. 52). A Certificate of Compliance must be transmitted to OAL by
5-1-2007 or emergency language will be repealed by operation of law on the
following day.
4. Repealer refiled 5-1-2007 as an emergency; operative 5-2-2007 (Register
2007, No. 18). A Certificate of Compliance must be transmitted to OAL by
8-30-2007 or emergency language will be repealed by operation of law on the
following day.
5. Repealer refiled 8-22-2007 as an emergency; operative 8-30-2007 (Register
2007, No. 34). A Certificate of Compliance must be transmitted to OAL by
12-28-2007 or emergency language will be repealed by operation of law on the
following day.
6. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§ 1312. Construction of Loads. [Repealed]
NOTE: Authority cited: Section 30800, Vehicle Code. Reference: Section 30800,
Vehicle Code.
History
1. Amendment of subsection (b)(2) and Note filed 9-3-99; operative 10-3-99
(Register 99, No. 36).
2. Repealer filed 12-27-2006 as an emergency; operative 1-1-2007 (Register
2006, No. 52). A Certificate of Compliance must be transmitted to OAL by
5-1-2007 or emergency language will be repealed by operation of law on the
following day.
3. Repealer refiled 5-1-2007 as an emergency; operative 5-2-2007 (Register
2007, No. 18). A Certificate of Compliance must be transmitted to OAL by
8-30-2007 or emergency language will be repealed by operation of law on the
following day.
4. Repealer refiled 8-22-2007 as an emergency; operative 8-30-2007 (Register
2007, No. 34). A Certificate of Compliance must be transmitted to OAL by
1 2-28-2007 or emergency language will be repealed by operation of law on the
following day.
5. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§ 1313. Securement of Loads. [Repealed]
NOTE: Authority cited: Section 30800, Vehicle Code. Reference: Section 30800,
Vehicle Code.
History
1 . Amendment filed 5-12-83; effective thirtieth day thereafter (Register 83, No.
20).
2. Amendment of subsection (b), redesignation and amendment of former subsec-
tion (b)(3) as new subsection (c) and amendment of Note filed 9-3-99; opera-
tive 10-3-99 (Register 99, No. 36).
3. Repealer filed 12-27-2006 as an emergency; operative 1-1-2007 (Register
2006, No. 52). A Certificate of Compliance must be transmitted to OAL by
5-1-2007 or emergency language will be repealed by operation of law on the
following day.
4. Repealer refiled 5-1-2007 as an emergency; operative 5-2-2007 (Register
2007, No. 18). A Certificate of Compliance must be transmitted to OAL by
8-30-2007 or emergency language will be repealed by operation of law on the
following day.
5. Repealer refiled 8-22-2007 as an emergency; operative 8-30-2007 (Register
2007, No. 34). A Certificate of Compliance must be transmitted to OAL by
12-28-2007 or emergency language will be repealed by operation of law on the
following day.
6. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§ 1314. Alternative Securement of Jumbo Bales.
[Repealed]
NOTE: Authority cited: Section 30800, Vehicle Code. Reference: Section 30800,
Vehicle Code.
History
1. Renumbering of former Section 1314 to Section 1315 and new section filed
5-12-83; effective thirtieth day thereafter (Register 83, No. 20).
2. Amendment filed 3-21-84; effective thirtieth day thereafter (Register 84, No.
12).
3. Amendment of section heading, section and Note filed 9-3-99; operative
10-3-99 (Register 99, No. 36).
4. Repealer filed 12-27-2006 as an emergency; operative 1-1-2007 (Register
2006, No. 52). A Certificate of Compliance must be transmitted to OAL by
5-1-2007 or emergency language will be repealed by operation of law on the
following day.
5. Repealer refiled 5-1-2007 as an emergency; operative 5-2-2007 (Register
2007, No. 18). A Certificate of Compliance must be transmitted to OAL by
8-30-2007 or emergency language will be repealed by operation of law on the
following day.
6. Repealer refiled 8-22-2007 as an emergency; operative 8-30-2007 (Register
2007, No. 34). A Certificate of Compliance must be transmitted to OAL by
Page 151
Register 2008, No. 5; 2-1-2008
§1315
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
1 2-28-2007 or emergency language will be repealed by operation of law on the
following day.
7. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§ 1315. Alternate Method of Compliance. [Repealed]
NOTE: Authority cited: Section 30800, Vehicle Code. Reference: Section 30800,
Vehicle Code.
History
1 . Renumbering of Section 1 3 1 4 to Section 1 3 1 5 filed 5-12-83 ; effective thirtieth
day thereafter (Register 83, No. 20).
2. Amendment of section and Note filed 9-3-99; operative 10-3-99 (Register 99,
No. 36).
3. Repealer filed 12-27-2006 as an emergency; operative 1-1-2007 (Register
2006, No. 52). A Certificate of Compliance must be transmitted to OAL by
5-1-2007 or emergency language will be repealed by operation of law on the
following day.
4. Repealer refiled 5-1-2007 as an emergency; operative 5-2-2007 (Register
2007, No. 18). A Certificate of Compliance must be transmitted to OAL by
8-30-2007 or emergency language will be repealed by operation of law on the
following day.
5. Repealer refiled 8-22-2007 as an emergency; operative 8-30-2007 (Register
2007, No. 34). A Certificate of Compliance must be transmitted to OAL by
12-28-2007 or emergency language will be repealed by operation of law on the
following day.
6. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§ 1320. Scope of Regulations. [Repealed]
NOTE: Authority cited: Section 2402, Vehicle Code. Reference: Section 31520,
Vehicle Code.
History
1 . Repealer of Article 3 (Sections 1 320 through 1 323) and new Article 3 (Sections
1320 through 1324) filed 6-13-74; designated effective 7-20-74 (Register 74,
No. 24). For prior history, see Register 68, No. 46; 71 , No. 20; and 73, No. 13.
2. Amendment of Article 3 title only filed 10-1-81; effective thirtieth day thereaf-
ter (Register 81, No. 40).
3. Repealer of article 3 (sections 1320-1325) and section filed 12-27-2006 as an
emergency; operative 1-1-2007 (Register 2006, No. 52). A Certificate of Com-
pliance must be transmitted to OAL by 5-1-2007 or emergency language will
be repealed by operation of law on the following day.
4. Repealer of article 3 (sections 1320-1325) and section refiled 5-1-2007 as an
emergency; operative 5-2-2007 (Register 2007, No. 1 8). A Certificate of Com-
pliance must be transmitted to OAL by 8-30-2007 or emergency language will
be repealed by operation of law on the following day.
5. Repealer of article 3 (sections 1320-1325) and section refiled 8-22-2007 as an
emergency; operative 8-30-2007 (Register 2007, No. 34). A Certificate of
Compliance must be transmitted to OAL by 12-28-2007 or emergency lan-
guage will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§1321. Definitions. [Repealed]
History
1. Repealer filed 12-27-2006 as an emergency; operative 1-1-2007 (Register
2006, No. 52). A Certificate of Compliance must be transmitted to OAL by
5-1-2007 or emergency language will be repealed by operation of law on the
following day.
2. Repealer refiled 5-1-2007 as an emergency; operative 5-2-2007 (Register
2007, No. 18). A Certificate of Compliance must be transmitted to OAL by
8-30-2007 or emergency language will be repealed by operation of law on the
following day.
3. Repealer refiled 8-22-2007 as an emergency; operative 8-30-2007 (Register
2007, No. 34). A Certificate of Compliance must be transmitted to OAL by
12-28-2007 or emergency language will be repealed by operation of law on the
following day.
4. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§ 1322. General Provisions. [Repealed]
NOTE: Authority cited: Section 31520, Vehicle Code. Reference: Section 31520,
Vehicle Code.
History
1 . Amendment of subsections (d) and (e), and repealer of subsection (0 filed
6-15-78; designated effective 7-15-78 (Register 78, No. 24).
2. Amendment of subsections (a)-(c) filed 10-30-84; effective thirtieth day there-
after (Register 84, No. 44).
3. Repealer filed 12-27-2006 as an emergency; operative 1-1-2007 (Register
2006, No. 52). A Certificate of Compliance must be transmitted to OAL by
5-1-2007 or emergency language will be repealed by operation of law on the
following day.
4. Repealer refiled 5-1-2007 as an emergency; operative 5-2-2007 (Register
2007, No. 18). A Certificate of Compliance must be transmitted to OAL by
8-30-2007 or emergency language will be repealed by operation of law on the
following day.
5. Repealer refiled 8-22-2007 as an emergency; operative 8-30-2007 (Register
2007, No. 34). A Certificate of Compliance must be transmitted to OAL by
12-28-2007 or emergency language will be repealed by operation of law on the
following day.
6. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§1323. Securement. [Repealed]
NOTE: Authority cited: Section 31520, Vehicle Code. Reference: Section 31520,
Vehicle Code.
History
1 . Repealer and new section filed 6-15-78; designated effective 7-15-78 (Regis-
ter 78, No. 24).
2. Amendment filed 10-1-81; effective thirtieth day thereafter (Register 81, No.
40).
3. Repealer filed 12-27-2006 as an emergency; operative 1-1-2007 (Register
2006, No. 52). A Certificate of Compliance must be transmitted to OAL by
5-1-2007 or emergency language will be repealed by operation of law on the
following day.
4. Repealer refiled 5-1-2007 as an emergency; operative 5-2-2007 (Register
2007, No. 18). A Certificate of Compliance must be transmitted to OAL by
8-30-2007 or emergency language will be repealed by operation of law on the
following day.
5. Repealer refiled 8-22-2007 as an emergency; operative 8-30-2007 (Register
2007, No. 34). A Certificate of Compliance must be transmitted to OAL by
12-28-2007 or emergency language will be repealed by operation of law on the
following day.
6. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§ 1324. Load Securement. [Repealed]
NOTE: Authority cited: Section 31520, Vehicle Code. Reference: Section 31520,
Vehicle Code.
History
1. Renumbering of Section 1324 to 1325 and new Section 1324 filed 6-15-78;
designated effective 7-15-78 (Register 78, No. 24).
2. Amendment of subsection (c) filed 10-1-81; effective thirtieth day thereafter
(Register 81, No. 40).
3. Repealer filed 12-27-2006 as an emergency; operative 1-1-2007 (Register
2006, No. 52). A Certificate of Compliance must be transmitted to OAL by
5-1-2007 or emergency language will be repealed by operation of law on the
following day.
4. Repealer refiled 5-1-2007 as an emergency; operative 5-2-2007 (Register
2007, No. 18). A Certificate of Compliance must be transmitted to OAL by
8-30-2007 or emergency language will be repealed by operation of law on the
following day.
5. Repealer refiled 8-22-2007 as an emergency; operative 8-30-2007 (Register
2007, No. 34). A Certificate of Compliance must be transmitted to OAL by
12-28-2007 or emergency language will be repealed by operation of law on the
following day.
6. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§ 1325. Alternate Method of Compliance. [Repealed]
NOTE: Authority cited: Section 31520, Vehicle Code. Reference: Section 31520,
Vehicle Code.
History
1. Renumbering from Section 1324 filed 6-15-78; designated effective 7-15-78
(Register 78, No. 24).
2. Amendment filed 10-1-81; effective thirtieth day thereafter (Register 81, No.
40).
3. Repealer filed 12-27-2006 as an emergency; operative 1-1-2007 (Register
2006, No. 52). A Certificate of Compliance must be transmitted to OAL by
5-1-2007 or emergency language will be repealed by operation of law on the
following day.
4. Repealer refiled 5-1-2007 as an emergency; operative 5-2-2007 (Register
2007, No. 18). A Certificate of Compliance must be transmitted to OAL by
8-30-2007 or emergency language will be repealed by operation of law on the
following day.
5. Repealer refiled 8-22-2007 as an emergency; operative 8-30-2007 (Register
2007, No. 34). A Certificate of Compliance must be transmitted to OAL by
12-28-2007 or emergency language will be repealed by operation of law on the
following day.
Page 152
Register 2008, No. 5; 2-1-2008
Title 13
Department of the California Highway Patrol
§1336
6. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§ 1330. Scope of Regulations. [Repealed]
NOTE: Authority and reference cited: Section 29200, Vehicle Code. Reference:
Section 29200, Vehicle Code.
History
1 . Repealer of Article 4 ( § 1330) and new Article 4 ( §§ 1 330-1 338) filed 7-1-66
as an emergency; effective upon filing (Register 66, No. 20).
2. Repealer of Article 4 ( §§ 1 330-1 338) and new Article 4 ( §§ 1 330-1 338) filed
9-26-66 as an emergency; designated effective 10-1-66. Certificate of Com-
pliance included (Register 66, No. 33).
3. Repealer of Article 4 (§§ 1330-1338) and new Article 4 ( §§ 1330-1339) filed
7- 1 7-74; designated effective 8-23-74 (Register 74, No. 29). For prior history,
see Register 71, Nos. 20 and 30, Register 72, Nos. 22 and 42, Register 73, Nos.
13, 28 and 34.
4. Editorial Correction of Note (Register 81, No. 44).
5. Repealer of article 4 (sections 1330-1339) and section filed 12-27-2006 as an
emergency; operative 1-1-2007 (Register 2006, No. 52). A Certificate of Com-
pliance must be transmitted to OAL by 5-1-2007 or emergency language will
be repealed by operation of law on the following day.
6. Repealer of article 4 (sections 1330-1339) and section refiled 5-1-2007 as an
emergency; operative 5-2-2007 (Register 2007, No. 1 8). A Certificate of Com-
pliance must be transmitted to OAL by 8-30-2007 or emergency language will
be repealed by operation of law on the following day.
7. Repealer of article 4 (sections 1330-1339) and section refiled 8-22-2007 as an
emergency; operative 8-30-2007 (Register 2007, No. 34). A Certificate of
Compliance must be transmitted to OAL by 12-28-2007 or emergency lan-
guage will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§ 1 331 . Definitions. [Repealed]
NOTE: Authority cited: Section 29200, Vehicle Code. Reference: Section 29200,
Vehicle Code.
History
1. Editorial Correction adding Note (Register 81, No. 44).
2. Repealer filed 12-27-2006 as an emergency; operative 1-1-2007 (Register
2006, No. 52). A Certificate of Compliance must be transmitted to OAL by
5-1-2007 or emergency language will be repealed by operation of law on the
following day.
3. Repealer refiled 5-1-2007 as an emergency; operative 5-2-2007 (Register
2007, No. 18). A Certificate of Compliance must be transmitted to OAL by
8-30-2007 or emergency language will be repealed by operation of law on the
following day.
4. Repealer refiled 8-22-2007 as an emergency; operative 8-30-2007 (Register
2007, No. 34). A Certificate of Compliance must be transmitted to OAL by
12-28-2007 or emergency language will be repealed by operation of law on the
following day.
5. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§ 1332. General Provisions. [Repealed]
NOTE: Authority cited: Section 29200, Vehicle Code. Reference: Section 29200,
Vehicle Code.
History
1. Amendment of subsections (d) and (g) filed 10-8-81; effective thirtieth day
thereafter (Register 81, No. 41).
2. Amendment of subsection (h) filed 12-23-81; effective thirtieth day thereafter
(Register 81, No. 52).
3. Relettering and amendment of former subsection (h) to subsection (i) and new
subsection (h) filed 6-17-83; effective thirtieth day thereafter (Register 83, No.
25).
4. Amendment of subsection (b) filed 10-30-84; effective thirtieth day thereafter
(Register 84, No. 44).
5. Repealer filed 12-27-2006 as an emergency; operative 1-1-2007 (Register
2006, No. 52). A Certificate of Compliance must be transmitted to OAL by
5-1-2007 or emergency language will be repealed by operation of law on the
following day.
6. Repealer refiled 5-1-2007 as an emergency; operative 5-2-2007 (Register
2007, No. 18). A Certificate of Compliance must be transmitted to OAL by
8-30-2007 or emergency language will be repealed by operation of law on the
following day.
7. Repealer refiled 8-22-2007 as an emergency; operative 8-30-2007 (Register
2007, No. 34). A Certificate of Compliance must be transmitted to OAL by
12-28-2007 or emergency language will be repealed by operation of law on the
following day.
8. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§ 1333. Pyramid Loading of Logs or Poles on Flatbed or
Rail-Equipped Vehicles. [Repealed]
NOTE: Authority cited: Section 29200, Vehicle Code. Reference: Section 29200,
Vehicle Code.
History
1. Editorial Correction adding Note (Register 81, No. 44).
2. Repealer filed 12-27-2006 as an emergency; operative 1-1-2007 (Register
2006, No. 52). A Certificate of Compliance must be transmitted to OAL by
5-1-2007 or emergency language will be repealed by operation of law on the
following day.
3. Repealer refiled 5-1-2007 as an emergency; operative 5-2-2007 (Register
2007, No. 18). A Certificate of Compliance must be transmitted to OAL by
8-30-2007 or emergency language will be repealed by operation of law on the
following day.
4. Repealer refiled 8-22-2007 as an emergency; operative 8-30-2007 (Register
2007, No. 34). A Certificate of Compliance must be transmitted to OAL by
1 2-28-2007 or emergency language will be repealed by operation of law on the
following day.
5. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§ 1334. Nonpyramid Loading of Small Logs and Poles on
Flatbed or Rail-Equipped Vehicles. [Repealed]
NOTE: Authority cited: Section 29200, Vehicle Code. Reference: Section 29200,
Vehicle Code.
History
1. Editorial Correction adding Note (Register 81, No. 44).
2. Repealer filed 12-27-2006 as an emergency; operative 1-1-2007 (Register
2006, No. 52). A Certificate of Compliance must be transmitted to OAL by
5-1-2007 or emergency language will be repealed by operation of law on the
following day.
3. Repealer refiled 5-1-2007 as an emergency; operative 5-2-2007 (Register
2007, No. 18). A Certificate of Compliance must be transmitted to OAL by
8-30-2007 or emergency language will be repealed by operation of law on the
following day.
4. Repealer refiled 8-22-2007 as an emergency; operative 8-30-2007 (Register
2007, No. 34). A Certificate of Compliance must be transmitted to OAL by
1 2-28-2007 or emergency language will be repealed by operation of law on the
following day.
5. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§ 1335. Binding of Logs or Poles on Flatbed or
Rail-Equipped Vehicles. [Repealed]
NOTE: Authority cited: Section 29200, Vehicle Code. Reference: Section 29200,
Vehicle Code.
History
1. Editorial correction adding Note (Register 81, No. 44).
2. Repealer filed 12-27-2006 as an emergency; operative 1-1-2007 (Register
2006, No. 52). A Certificate of Compliance must be transmitted to OAL by
5-1-2007 or emergency language will be repealed by operation of law on the
following day.
3. Repealer refiled 5-1-2007 as an emergency; operative 5-2-2007 (Register
2007, No. 18). A Certificate of Compliance must be transmitted to OAL by
8-30-2007 or emergency language will be repealed by operation of law on the
following day.
4. Repealer refiled 8-22-2007 as an emergency; operative 8-30-2007 (Register
2007, No. 34). A Certificate of Compliance must be transmitted to OAL by
12-28-2007 or emergency language will be repealed by operation of law on the
following day.
5. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§ 1336. Loading of Logs or Poles on Vehicles with Bunks.
[Repealed]
NOTE: Authority cited: Section 29200, Vehicle Code. Reference: Section 29200,
Vehicle Code.
History
1. Editorial Correction adding Note (Register 81, No. 44).
2. Repealer filed 12-27-2006 as an emergency; operative 1-1-2007 (Register
2006, No. 52). A Certificate of Compliance must be transmitted to OAL by
5-1-2007 or emergency language will be repealed by operation of law on the
following day.
3. Repealer refiled 5-1-2007 as an emergency; operative 5-2-2007 (Register
2007, No. 18). A Certificate of Compliance must be transmitted to OAL by
8-30-2007 or emergency language will be repealed by operation of law on the
following day.
Page 153
Register 2008, No. 5; 2-1-2008
§1337
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
4. Repealer refiled 8-22-2007 as an emergency; operative 8-30-2007 (Register
2007, No. 34). A Certificate of Compliance must be transmitted to OAL by
12-28-2007 or emergency language will be repealed by operation of law on the
following day.
5. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§ 1337. Binding of Logs or Poles on Vehicles with Chock
Blocks. [Repealed]
NOTE: Authority cited: Section 29200, Vehicle Code. Reference: Section 29200,
Vehicle Code.
History
1. Editorial Correction adding NOTC (Register 81, No. 44).
2. Repealer filed 12-27-2006 as an emergency; operative 1-1-2007 (Register
2006, No. 52). A Certificate of Compliance must be transmitted to OAL by
5-1-2007 or emergency language will be repealed by operation of law on the
following day.
3. Repealer refiled 5-1-2007 as an emergency; operative 5-2-2007 (Register
2007, No. 18). A Certificate of Compliance must be transmitted to OAL by
8-30-2007 or emergency language will be repealed by operation of law on the
following day.
4. Repealer refiled 8-22-2007 as an emergency; operative 8-30-2007 (Register
2007, No. 34). A Certificate of Compliance must be transmitted to OAL by
12-28-2007 or emergency language will be repealed by operation of law on the
following day.
5. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§ 1338. Loading and Binding of Logs or Poles on Vehicles
with Bunk Stake Assemblies. [Repealed]
NOTE: Authority cited: Section 29200, Vehicle Code. Reference: Section 29200,
Vehicle Code.
History
1. Editorial correction of subsection (b)(3) (Register 74, No. 32).
2. Amendment of subsections (a) and (c) filed 6-18-80; designated effective
8-1-80 (Register 80, No. 25).
3. Amendment filed 10-8-81 ; effective thirtieth day thereafter (Register 81, No.
41).
4. New subsection (a)(4) and amendment of subsection (b)(5) filed 6-17-83; ef-
fective thirtieth day thereafter (Register 83, No. 25).
5. Amendment of subsection (a)(1) filed 2-26-85; effective thirtieth day thereafter
(Register 85, No. 9).
6. Repealer filed 12-27-2006 as an emergency; operative 1-1-2007 (Register
2006, No. 52). A Certificate of Compliance must be transmitted to OAL by
5-1-2007 or emergency language will be repealed by operation of law on the
following day.
7. Repealer refiled 5-1-2007 as an emergency; operative 5-2-2007 (Register
2007, No. 18). A Certificate of Compliance must be transmitted to OAL by
8-30-2007 or emergency language will be repealed by operation of law on the
following day.
8. Repealer refded 8-22-2007 as an emergency; operative 8-30-2007 (Register
2007, No. 34). A Certificate of Compliance must be transmitted to OAL by
1 2-28-2007 or emergency language will be repealed by operation of law on the
following day.
9. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§ 1339. Alternate Method of Compliance. [Repealed]
NOTE: Authority cited: Section 29200, Vehicle Code. Reference: Section 29200,
Vehicle Code.
History
1. Amendment filed 10-8-81 ; effective thirtieth day thereafter (Register 81, No.
41).
2. Repealer filed 12-27-2006 as an emergency; operative 1-1-2007 (Register
2006, No. 52). A Certificate of Compliance must be transmitted to OAL by
5-1-2007 or emergency language will be repealed by operation of law on the
following day.
3. Repealer refiled 5-1-2007 as an emergency; operative 5-2-2007 (Register
2007, No. 18). A Certificate of Compliance must be transmitted to OAL by
8-30-2007 or emergency language will be repealed by operation of law on the
following day.
4. Repealer refiled 8-22-2007 as an emergency; operative 8-30-2007 (Register
2007, No. 34). A Certificate of Compliance must be transmitted to OAL by
1 2-28-2007 or emergency language will be repealed by operation of law on the
following day.
5. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§ 1 339.1 . Definition. [Repealed]
NOTE. Authority cited: Sections 26103 and 29200, Vehicle Code. Reference: Sec-
tions 26103 and 29200, Vehicle Code.
History
1. Renumbering of former Article 1 (Sections 901-906) to new Article 4.5 (Sec-
tions 1339. 1-1339.6) and renumbering of former Section 901 to Section 1399.1
filed 2-8-85; effective thirtieth day thereafter (Register 85, No. 6).
2. Repealer of article 4.5 (sections 1 339.1-1339.6) and section filed 12-27-2006
as an emergency; operative 1-1-2007 (Register 2006, No. 52). A Certificate of
Compliance must be transmitted to OAL by 5-1-2007 or emergency language
will be repealed by operation of law on the following day.
3. Repealer of article 4.5 (sections 1339.1-1339.6) and section refiled 5-1-2007
as an emergency; operative 5-2-2007 (Register 2007, No. 18). A Certificate of
Compliance must be transmitted to OAL by 8-30-2007 or emergency language
will be repealed by operation of law on the following day.
4. Repealer of article 4.5 (sections 1339.1-1339.6) and section refiled 8-22-2007
as an emergency; operative 8-30-2007 (Register 2007, No. 34). A Certificate
of Compliance must be transmitted to OAL by 12-28-2007 or emergency lan-
guage will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§ 1339.2. Identification Markings. [Repealed]
NOTE: Authority cited: Sections 26103 and 29200, Vehicle Code. Reference: Sec-
tions 26103 and 29200, Vehicle Code.
History
1. Renumbering of former Section 902 to Section 1339.2 filed 2-8-85; effective
thirtieth day thereafter (Register 85, No. 6).
2. Repealer filed 12-27-2006 as an emergency; operative 1-1-2007 (Register
2006, No. 52). A Certificate of Compliance must be transmitted to OAL by
5-1-2007 or emergency language will be repealed by operation of law on the
following day.
3. Repealer refiled 5-1-2007 as an emergency; operative 5-2-2007 (Register
2007, No. 18). A Certificate of Compliance must be transmitted to OAL by
8-30-2007 or emergency language will be repealed by operation of law on the
following day.
4. Repealer refiled 8-22-2007 as an emergency; operative 8-30-2007 (Register
2007, No. 34). A Certificate of Compliance must be transmitted to OAL by
12-28-2007 or emergency language will be repealed by operation of law on the
following day.
5. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§ 1339.3. General Requirements. [Repealed]
NOTE: Authority cited: Sections 26103 and 29200, Vehicle Code. Reference: Sec-
tions 26103 and 29200, Vehicle Code.
History
1 . Renumbering of former Section 903 to Section 1339.3 filed 2-8-85; effective
thirtieth day thereafter (Register 85, No. 6).
2. Repealer filed 12-27-2006 as an emergency; operative 1-1-2007 (Register
2006, No. 52). A Certificate of Compliance must be transmitted to OAL by
5-1-2007 or emergency language will be repealed by operation of law on the
following day.
3. Repealer refiled 5-1-2007 as an emergency; operative 5-2-2007 (Register
2007, No. 18). A Certificate of Compliance must be transmitted to OAL by
8-30-2007 or emergency language will be repealed by operation of law on the
following day.
4. Repealer refiled 8-22-2007 as an emergency; operative 8-30-2007 (Register
2007, No. 34). A Certificate of Compliance must be transmitted to OAL by
1 2-28-2007 or emergency language will be repealed by operation of law on the
following day.
5. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§ 1 339.4. Test Requirements for Bunk Stakes for Large
Logs. [Repealed]
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Section 26103,
Vehicle Code.
History
1. Renumbering of former Section 904 to Section 1339.4 filed 2-8-85; effective
thirtieth day thereafter (Register 85, No. 6).
2. Repealer filed 12-27-2006 as an emergency; operative 1-1-2007 (Register
2006, No. 52). A Certificate of Compliance must be transmitted to OAL by
5-1-2007 or emergency language will be repealed by operation of law on the
following day.
3. Repealer refiled 5-1-2007 as an emergency; operative 5-2-2007 (Register
2007, No. 18). A Certificate of Compliance must be transmitted to OAL by
8-30-2007 or emergency language will be repealed by operation of law on the
following day.
4. Repealer refiled 8-22-2007 as an emergency; operative 8-30-2007 (Register
2007, No. 34). A Certificate of Compliance must be transmitted to OAL by
Page 154
Register 2008, No. 5; 2-1-2008
Title 13
Department of the California Highway Patrol
§1350
12-28-2007 or emergency language will be repealed by operation of law on the
following day.
5. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§ 1339.5. Test Requirements for Bunk Stakes for Small
Logs. [Repealed]
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Section 26103,
Vehicle Code.
History
1. Renumbering of former Section 905 to Section 1339.5 filed 2-8-85; effective
thirtieth day thereafter (Register 85, No. 6).
2. Repealer filed 12-27-2006 as an emergency; operative 1-1-2007 (Register
2006, No. 52). A Certificate of Compliance must be transmitted to OAL by
5-1-2007 or emergency language will be repealed by operation of law on the
following day.
3. Repealer refiled 5-1-2007 as an emergency; operative 5-2-2007 (Register
2007, No. 18). A Certificate of Compliance must be transmitted to OAL by
8-30-2007 or emergency language will be repealed by operation of law on the
following day.
4. Repealer refiled 8-22-2007 as an emergency; operative 8-30-2007 (Register
2007, No. 34). A Certificate of Compliance must be transmitted to OAL by
12-28-2007 or emergency language will be repealed by operation of law on the
following day.
5. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§ 1 339.6. Bunk Stake Width. [Repealed]
NOTE: Authority cited: Section 26103, Vehicle Code. Reference: Section 26103,
Vehicle Code.
History
1. Renumbering and amendment of former Section 906 to Section 1339.6 filed
2-8-85; effective thirtieth day thereafter (Register 85, No. 6).
2. Repealer filed 12-27-2006 as an emergency; operative 1-1-2007 (Register
2006, No. 52). A Certificate of Compliance must be transmitted to OAL by
5-1-2007 or emergency language will be repealed by operation of law on the
following day.
3. Repealer refiled 5-1-2007 as an emergency; operative 5-2-2007 (Register
2007, No. 1 8). A Certificate of Compliance must be transmitted to OAL by
8-30-2007 or emergency language will be repealed by operation of law on the
following day.
4. Repealer refiled 8-22-2007 as an emergency; operative 8-30-2007 (Register
2007, No. 34). A Certificate of Compliance must be transmitted to OAL by
12-28-2007 or emergency language will be repealed by operation of law on the
following day.
5. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§ 1340. Scope of Regulations. [Repealed]
NOTE: Authority cited: Section 31510, Vehicle Code. Reference: Section 31510,
Vehicle Code.
History
1. Repealer of Article 5 (§§ 1340-1344) and new Article 5 (§§ 1340-1344) filed
6-25-74; designated effective 7-31-74 (Register 74, No. 26).
2. Editorial Correction of Note (Register 81, No. 44).
3. Repealer of article 5 (sections 1340-1344) and section filed 12-27-2006 as an
emergency; operative 1-1-2007 (Register 2006, No. 52). A Certificate of Com-
pliance must be transmitted to OAL by 5-1-2007 or emergency language will
be repealed by operation of law on the following day.
4. Repealer of article 5 (sections 1340-1344) and section refiled 5-1-2007 as an
emergency; operative 5-2-2007 (Register 2007, No. 18). A Certificate of Com-
pliance must be transmitted to OAL by 8-30-2007 or emergency language will
be repealed by operation of law on the following day.
5. Repealer of article 5 (sections 1340-1344) and section refiled 8-22-2007 as an
emergency; operative 8-30-2007 (Register 2007, No. 34). A Certificate of
Compliance must be transmitted to OAL by 12-28-2007 or emergency lan-
guage will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§ 1341. Definitions and General Provisions. [Repealed]
NOTE: Authority cited: Section 31510, Vehicle Code. Reference: Section 31510,
Vehicle Code.
History
1. Editorial Correction adding NOTE (Register 81, No. 44).
2. Repealer filed 12-27-2006 as an emergency; operative 1-1-2007 (Register
2006, No. 52). A Certificate of Compliance must be transmitted to OAL by
5-1-2007 or emergency language will be repealed by operation of law on the
following day.
3. Repealer refiled 5-1-2007 as an emergency; operative 5-2-2007 (Register
2007, No. 18). A Certificate of Compliance must be transmitted to OAL by
8-30-2007 or emergency language will be repealed by operation of law on the
following day.
4. Repealer refiled 8-22-2007 as an emergency; operative 8-30-2007 (Register
2007, No. 34). A Certificate of Compliance must be transmitted to OAL by
12-28-2007 or emergency language will be repealed by operation of law on the
following day.
5. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§ 1342. Junk and Scrap Metal (Including Baled Vehicle
Bodies) Loading and Securement. [Repealed]
NOTE: Authority cited: Section 31510, Vehicle Code. Reference: Section 31510,
Vehicle Code.
History
1. Editorial Correction adding Note (Register 81, No. 44).
2. Repealer filed 12-27-2006 as an emergency; operative 1-1-2007 (Register
2006, No. 52). A Certificate of Compliance must be transmitted to OAL by
5-1-2007 or emergency language will be repealed by operation of law on the
following day.
3. Repealer refiled 5-1-2007 as an emergency; operative 5-2-2007 (Register
2007, No. 18). A Certificate of Compliance must be transmitted to OAL by
8-30-2007 or emergency language will be repealed by operation of law on the
following day.
4. Repealer refiled 8-22-2007 as an emergency; operative 8-30-2007 (Register
2007, No. 34). A Certificate of Compliance must be transmitted to OAL by
12-28-2007 or emergency language will be repealed by operation of law on the
following day.
5. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§ 1343. Unbaled Vehicle Body Loading and Securement.
[Repealed]
NOTE: Authority cited: Section 31510, Vehicle Code. Reference: Section 31510,
Vehicle Code.
History
1. Editorial Correction adding Note (Register 81, No. 44).
2. Repealer filed 12-27-2006 as an emergency; operative 1-1-2007 (Register
2006, No. 52). A Certificate of Compliance must be transmitted to OAL by
5-1-2007 or emergency language will be repealed by operation of law on the
following day.
3. Repealer refiled 5-1-2007 as an emergency; operative 5-2-2007 (Register
2007, No. 18). A Certificate of Compliance must be transmitted to OAL by
8-30-2007 or emergency language will be repealed by operation of law on the
following day.
4. Repealer refiled 8-22-2007 as an emergency; operative 8-30-2007 (Register
2007, No. 34). A Certificate of Compliance must be transmitted to OAL by
12-28-2007 or emergency language will be repealed by operation of law on the
following day.
5. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§ 1344. Alternate Method of Compliance. [Repealed]
NOTE: Authority cited: Section 31510, Vehicle Code. Reference: Section 31510,
Vehicle Code.
History
1. Amendment filed 10-20-81; effective thirtieth day thereafter (Register 81, No.
43).
2. Repealer filed 12-27-2006 as an emergency; operative 1-1-2007 (Register
2006, No. 52). A Certificate of Compliance must be transmitted to OAL by
5-1-2007 or emergency language will be repealed by operation of law on the
following day.
3. Repealer refiled 5-1-2007 as an emergency; operative 5-2-2007 (Register
2007, No. 18). A Certificate of Compliance must be transmitted to OAL by
8-30-2007 or emergency language will be repealed by operation of law on the
following day.
4. Repealer refiled 8-22-2007 as an emergency; operative 8-30-2007 (Register
2007, No. 34). A Certificate of Compliance must be transmitted to OAL by
12-28-2007 or emergency language will be repealed by operation of law on the
following day.
5. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§ 1350. Scope of Regulations. [Repealed]
NOTE: Authority cited: Section 2402, Vehicle Code. Reference: Section 31510,
Vehicle Code.
Page 155
Register 2008, No. 5; 2-1-2008
§1351
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
History
1. Repealer of Article 6 (Sections 1350-1355) and new Article 6 (Sections
1350-1356) filed 9-21-74; designated effective 1 1-1-74 (Register 74, No. 38).
For prior history, see Register 64, No. 1 1 .
2. Repealer of article 6 (sections 1350-1356) and section filed 12-27-2006 as an
emergency; operative 1-1-2007 (Register 2006, No. 52). A Certificate of Com-
pliance must be transmitted to OAL by 5-1-2007 or emergency language will
be repealed by operation of law on the following day.
3. Repealer of article 6 (sections 1350-1356) and section refiled 5-1-2007 as an
emergency; operative 5-2-2007 (Register 2007, No. 1 8). A Certificate of Com-
pliance must be transmitted to OAL by 8-30-2007 or emergency language will
be repealed by operation of law on the following day.
4. Repealer of article 6 (sections 1350-1356) and section refiled 8-22-2007 as an
emergency; operative 8-30-2007 (Register 2007, No. 34). A Certificate of
Compliance must be transmitted to OAL by 12-28-2007 or emergency lan-
guage will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§1351. Definitions. [Repealed]
History
1. Repealer filed 12-27-2006 as an emergency; operative 1-1-2007 (Register
2006, No. 52). A Certificate of Compliance must be transmitted to OAL by
5-1-2007 or emergency language will be repealed by operation of law on the
following day.
2. Repealer refiled 5-1-2007 as an emergency; operative 5-2-2007 (Register
2007, No. 18). A Certificate of Compliance must be transmitted to OAL by
8-30-2007 or emergency language will be repealed by operation of law on the
following day.
3. Repealer refiled 8-22-2007 as an emergency; operative 8-30-2007 (Register
2007, No. 34). A Certificate of Compliance must be transmitted to OAL by
12-28-2007 or emergency language will be repealed by operation of law on the
following day.
4. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§ 1352. General Provisions. [Repealed]
History
1. Amendment of subsection (f)(2) filed as an emergency 10-22-74; designated
effective 1 1-1-74 (Register 74, No. 43).
2. Certificate of Compliance filed 12-31-74 (Register 75, No. 1).
3. Repealer filed 12-27-2006 as an emergency; operative 1-1-2007 (Register
2006, No. 52). A Certificate of Compliance must be transmitted to OAL by
5-1-2007 or emergency language will be repealed by operation of law on the
following day.
4. Repealer refiled 5-1-2007 as an emergency; operative 5-2-2007 (Register
2007, No. 1 8). A Certificate of Compliance must be transmitted to OAL by
8-30-2007 or emergency language will be repealed by operation of law on the
following day.
5. Repealer refiled 8-22-2007 as an emergency; operative 8-30-2007 (Register
2007, No. 34). A Certificate of CompHance must be transmitted to OAL by
12-28-2007 or emergency language will be repealed by operation of law on the
following day.
6. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§ 1353. Horizontal Eye Coils — Loading and Blocking
Requirements. [Repealed]
NOTE: Authority cited: Section 31510, Vehicle Code. Reference: Section 31510,
Vehicle Code.
History
1. Amendment of subsection (c)(3) and new subsection (c)(6) filed 7-1-83; effec-
tive thirtieth day thereafter (Register 83, No. 27).
2. Repealer filed 12-27-2006 as an emergency; operative 1-1-2007 (Register
2006, No. 52). A Certificate of Compliance must be transmitted to OAL by
5-1-2007 or emergency language will be repealed by operation of law on the
following day.
3. Repealer refiled 5-1-2007 as an emergency, operative 5-2-2007 (Register
2007, No. 18). A Certificate of Compliance must be transmitted to OAL by
8-30-2007 or emergency language will be repealed by operation of law on the
following day.
4. Repealer refiled 8-22-2007 as an emergency; operative 8-30-2007 (Register
2007, No. 34). A Certificate of Compliance must be transmitted to OAL by
12-28-2007 or emergency language will be repealed by operation of law on the
following day.
5. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§ 1354. Horizontal Eye Coils — Application of Binders.
[Repealed]
History
1. Repealer filed 12-27-2006 as an emergency; operative 1-1-2007 (Register
2006, No. 52). A Certificate of Compliance must be transmitted to OAL by
5-1-2007 or emergency language will be repealed by operation of law on the
following day.
2. Repealer refiled 5-1-2007 as an emergency; operative 5-2-2007 (Register
2007, No. 18). A Certificate of Compliance must be transmitted to OAL by
8-30-2007 or emergency language will be repealed by operation of law on the
following day.
3. Repealer refiled 8-22-2007 as an emergency; operative 8-30-2007 (Register
2007, No. 34). A Certificate of Compliance must be transmitted to OAL by
12-28-2007 or emergency language will be repealed by operation of law on the
following day.
4. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§ 1355. Vertical Eye Coils. [Repealed]
History
1. Repealer filed 12-27-2006 as an emergency; operative 1-1-2007 (Register
2006. No. 52). A Certificate of Compliance must be transmitted to OAL by
5-1-2007 or emergency language will be repealed by operation of law on the
following day.
2. Repealer refiled 5-1-2007 as an emergency; operative 5-2-2007 (Register
2007, No. 18). A Certificate of Compliance must be transmitted to OAL by
8-30-2007 or emergency language will be repealed by operation of law on the
following day.
3. Repealer refiled 8-22-2007 as an emergency; operative 8-30-2007 (Register
2007, No. 34). A Certificate of Compliance must be transmitted to OAL by
12-28-2007 or emergency language will be repealed by operation of law on the
following day.
4. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§ 1356. Alternate Method of Compliance. [Repealed]
NOTE: Authority cited: Section 31510, Vehicle Code. Reference: Section 31510,
Vehicle Code.
History
1 . Amendment filed 10-22-81 ; effective thirtieth day thereafter (Register 81 , No.
43).
2. Repealer filed 12-27-2006 as an emergency; operative 1-1-2007 (Register
2006, No. 52). A Certificate of Compliance must be transmitted to OAL by
5-1 -2007 or emergency language will be repealed by operation of law on the
following day.
3. Repealer refiled 5-1-2007 as an emergency; operative 5-2-2007 (Register
2007, No. 18). A Certificate of Compliance must be transmitted to OAL by
8-30-2007 or emergency language will be repealed by operation of law on the
following day.
4. Repealer refiled 8-22-2007 as an emergency; operative 8-30-2007 (Register
2007, No. 34). A Certificate of Compliance must be transmitted to OAL by
1 2-28-2007 or emergency language will be repealed by operation of law on the
following day.
5. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§ 1360. Scope of Regulations. [Repealed]
NOTE: Authority cited: Section 2402, Vehicle Code. Reference: 31510, Vehicle
Code.
History
1. New Article 7 ( #S #S 1 360-1365) filed 5-22-64; designated effective 7-1-64
(Register 64, No. 11).
2. Repealer of Article 7 (Sections 1360-1365) and new Article 7 (Sections
1360-1366) filed 9-20-74; designated effective 11-1-74 (Register 74, No. 38).
For prior history, see Register 65, No. 2.
3. Repealer of article 7 (sections 1360-1366) and section filed 12-27-2006 as an
emergency; operative 1-1-2007 (Register 2006, No. 52). A Certificate of Com-
pliance must be transmitted to OAL by 5-1-2007 or emergency language will
be repealed by operation of law on the following day.
4. Repealer of article 7 (sections 1360-1366) and section refiled 5-1-2007 as an
emergency; operative 5-2-2007 (Register 2007, No. 1 8). A Certificate of Com-
pliance must be transmitted to OAL by 8-30-2007 or emergency language will
be repealed by operation of law on the following day.
5. Repealer of article 7 (sections 1360-1366) and section refiled 8-22-2007 as an
emergency; operative 8-30-2007 (Register 2007, No. 34). A Certificate of
Compliance must be transmitted to OAL by 12-28-2007 or emergency lan-
guage will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
Page 156
Register 2008, No. 5; 2-1-2008
Title 13
Department of the California Highway Patrol
§1372
•
§1361. Definitions. [Repealed]
History
1. Repealer filed 12-27-2006 as an emergency; operative 1-1-2007 (Register
2006, No. 52). A Certificate of Compliance must be transmitted to OAL by
5-1-2007 or emergency language will be repealed by operation of law on the
following day.
2. Repealer refiled 5-1-2007 as an emergency; operative 5-2-2007 (Register
2007, No. 18). A Certificate of Compliance must be transmitted to OAL by
8-30-2007 or emergency language will be repealed by operation of law on the
following day.
3. Repealer refiled 8-22-2007 as an emergency; operative 8-30-2007 (Register
2007, No. 34). A Certificate of Compliance must be transmitted to OAL by
1 2-28-2007 or emergency language will be repealed by operation of law on the
following day.
4. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§ 1362. General Provisions. [Repealed]
NOTE: Authority cited: Section 31510, Vehicle Code. Reference: Section 31510,
Vehicle Code.
History
1. Amendment of subsection (a) filed 6-3-83; effective thirtieth day thereafter
(Register 83, No. 23).
2. Repealer filed 12-27-2006 as an emergency; operative 1-1-2007 (Register
2006, No. 52). A Certificate of Compliance must be transmitted to OAL by
5-1-2007 or emergency language will be repealed by operation of law on the
following day.
3. Repealer refiled 5-1-2007 as an emergency; operative 5-2-2007 (Register
2007, No. 18). A Certificate of Compliance must be transmitted to OAL by
8-30-2007 or emergency language will be repealed by operation of law on the
following day.
4. Repealer refiled 8-22-2007 as an emergency; operative 8-30-2007 (Register
2007, No. 34). A Certificate of Compliance must be transmitted to OAL by
1 2-28-2007 or emergency language will be repealed by operation of law on the
following day.
5. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§ 1363. Securement of Loads. [Repealed]
History
1. Repealer filed 12-27-2006 as an emergency; operative 1-1-2007 (Register
2006, No. 52). A Certificate of Compliance must be transmitted to OAL by
5-1-2007 or emergency language will be repealed by operation of law on the
following day.
2. Repealer refiled 5-1-2007 as an emergency; operative 5-2-2007 (Register
2007, No. 18). A Certificate of Compliance must be transmitted to OAL by
8-30-2007 or emergency language will be repealed by operation of law on the
following day.
3. Repealer refiled 8-22-2007 as an emergency; operative 8-30-2007 (Register
2007, No. 34). A Certificate of Compliance must be transmitted to OAL by
12-28-2007 or emergency language will be repealed by operation of law on the
following day.
4. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§ 1364. Securing of Lifts. [Repealed]
History
1. Repealer filed 12-27-2006 as an emergency; operative 1-1-2007 (Register
2006, No. 52). A Certificate of Compliance must be transmitted to OAL by
5-1-2007 or emergency language will be repealed by operation of law on the
following day.
2. Repealer refiled 5-1-2007 as an emergency; operative 5-2-2007 (Register
2007, No. 18). A Certificate of Compliance must be transmitted to OAL by
8-30-2007 or emergency language will be repealed by operation of law on the
following day.
3. Repealer refiled 8-22-2007 as an emergency; operative 8-30-2007 (Register
2007, No. 34). A Certificate of Compliance must be transmitted to OAL by
1 2-28-2007 or emergency language will be repealed by operation of law on the
following day.
4. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§1365. Stacking of Lifts. [Repealed]
NOTE: Authority cited: Section 31510, Vehicle Code. Reference: Section 31510,
Vehicle Code.
History
1. Amendment of subsection (b) filed 6-3-83; effective thirtieth day thereafter
(Register 83, No. 23).
2. Repealer filed 12-27-2006 as an emergency; operative 1-1-2007 (Register
2006, No. 52). A Certificate of Compliance must be transmitted to OAL by
5-1-2007 or emergency language will be repealed by operation of law on the
following day.
3. Repealer refiled 5-1-2007 as an emergency; operative 5-2-2007 (Register
2007, No. 18). A Certificate of Compliance must be transmitted to OAL by
8-30-2007 or emergency language will be repealed by operation of law on the
following day.
4. Repealer refiled 8-22-2007 as an emergency; operative 8-30-2007 (Register
2007, No. 34). A Certificate of Compliance must be transmitted to OAL by
12-28-2007 or emergency language will be repealed by operation of law on the
following day.
5. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§ 1366. Alternate Method of Compliance. [Repealed]
NOTE: Authority cited: Section 31510, Vehicle Code. Reference: Section 31510,
Vehicle Code.
History
1. Amendment filed 11-4-81; effective thirtieth day thereafter (Register 81, No.
45).
2. Repealer filed 12-27-2006 as an emergency; operative 1-1-2007 (Register
2006, No. 52). A Certificate of Compliance must be transmitted to OAL by
5-1-2007 or emergency language will be repealed by operation of law on the
following day.
3. Repealer refiled 5-1-2007 as an emergency; operative 5-2-2007 (Register
2007, No. 18). A Certificate of Compliance must be transmitted to OAL by
8-30-2007 or emergency language will be repealed by operation of law on the
following day.
4. Repealer refiled 8-22-2007 as an emergency; operative 8-30-2007 (Register
2007, No. 34). A Certificate of Compliance must be transmitted to OAL by
12-28-2007 or emergency language will be repealed by operation of law on the
following day.
5. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§ 1370. Scope of Regulations. [Repealed]
NOTE: Authority cited: Section 31530, Vehicle Code. Reference: Section 31530,
Vehicle Code.
History
1 . Repealer of Article 8 ( #S #S 1 370-1 373) and new Article 8 ( #S #S 1 370- 1 375)
filed 6-25-74; designated effective 7-31-74 (Register 74, No. 26). For prior
history, see Registers 71, Nos. 20, and 73, Nos. 13 and 42.
2. Editorial correction of NOTE filed 4-28-83 (Register 83, No. 18).
3. Repealer of article 8 (sections 1370-1375) and section filed 12-27-2006 as an
emergency; operative 1-1-2007 (Register 2006, No. 52). A Certificate of Com-
pliance must be transmitted to OAL by 5-1-2007 or emergency language will
be repealed by operation of law on the following day.
4. Repealer of article 8 (sections 1370-1375) and section refiled 5-1-2007 as an
emergency; operative 5-2-2007 (Register 2007, No. 18). A Certificate of Com-
pliance must be transmitted to OAL by 8-30-2007 or emergency language will
be repealed by operation of law on the following day.
5. Repealer of article 8 (sections 1370-1375) and section refiled 8-22-2007 as an
emergency; operative 8-30-2007 (Register 2007, No. 34). A Certificate of
Compliance must be transmitted to OAL by 12-28-2007 or emergency lan-
guage will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§ 1 371 . Definitions. [Repealed]
NOTE: Authority cited: Section 31530, Vehicle Code. Reference: Section 31530,
Vehicle Code.
History
1. Editorial correction adding Note filed 4-28-83 (Register 83, No. 18).
2. Repealer filed 12-27-2006 as an emergency; operative 1-1-2007 (Register
2006, No. 52). A Certificate of Compliance must be transmitted to OAL by
5-1-2007 or emergency language will be repealed by operation of law on the
following day.
3. Repealer refiled 5-1-2007 as an emergency; operative 5-2-2007 (Register
2007, No. 18). A Certificate of Compliance must be transmitted to OAL by
8-30-2007 or emergency language will be repealed by operation of law on the
following day.
4. Repealer refiled 8-22-2007 as an emergency; operative 8-30-2007 (Register
2007, No. 34). A Certificate of Compliance must be transmitted to OAL by
12-28-2007 or emergency language will be repealed by operation of law on the
following day.
5. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§ 1372. General Provisions. [Repealed]
NOTE: Authority cited: Section 31530, Vehicle Code. Reference: Section 31530,
Vehicle Code.
Page 157
Register 2008, No. 5; 2-1-2008
§1373
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
HrSTORY
1. Editorial correction adding Note filed 4-28-83 (Register 83, No. 18).
2. Amendment of subsections (a)-(c) filed 1 0-30-84; effective thirtieth day there-
after (Register 84, No. 44).
3. Repealer filed 12-27-2006 as an emergency; operative 1-1-2007 (Register
2006, No. 52). A Certificate of Compliance must be transmitted to OAL by
5-1-2007 or emergency language will be repealed by operation of law on the
following day.
4. Repealer refiled 5-1-2007 as an emergency; operative 5-2-2007 (Register
2007, No. 18). A Certificate of Compliance must be transmitted to OAL by
8-30-2007 or emergency language will be repealed by operation of law on the
following day.
5. Repealer refiled 8-22-2007 as an emergency; operative 8-30-2007 (Register
2007, No. 34). A Certificate of Compliance must be transmitted to OAL by
12-28-2007 or emergency language will be repealed by operation of law on the
following day.
6. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§ 1373. Construction of Loads. [Repealed]
NOTE: Authority cited: Section 31530, Vehicle Code. Reference: Section 31530.
Vehicle Code.
History
1. Editorial correction adding Note: filed 4-28-83 (Register 83, No. 18).
2. Repealer filed 12-27-2006 as an emergency; operative 1-1-2007 (Register
2006, No. 52). A Certificate of Compliance must be transmitted to OAL by
5-1-2007 or emergency language will be repealed by operation of law on the
following day.
3. Repealer refiled 5-1-2007 as an emergency; operative 5-2-2007 (Register
2007, No. 18). A Certificate of Compliance must be transmitted to OAL by
8-30-2007 or emergency language will be repealed by operation of law on the
following day.
4. Repealer refiled 8-22-2007 as an emergency; operative 8-30-2007 (Register
2007, No. 34). A Certificate of Compliance must be transmitted to OAL by
12-28-2007 oremergency language will be repealed by operation of law on the
following day.
5. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§ 1374. Securement of Loads. [Repealed]
NOTE: Authority cited: Section 31530, Vehicle Code. Reference: Section 31530,
Vehicle Code.
History
1. Editorial correction adding NOTE filed 4-28-83 (Register 83, No. 18).
2. Repealer filed 12-27-2006 as an emergency; operative 1-1-2007 (Register
2006, No. 52). A Certificate of Compliance must be transmitted to OAL by
5-1-2007 oremergency language will be repealed by operation of law on the
following day.
3. Repealer refiled 5-1-2007 as an emergency; operative 5-2-2007 (Register
2007, No. 18). A Certificate of Compliance must be transmitted to OAL by
8-30-2007 or emergency language will be repealed by operation of law on the
following day.
4. Repealer refiled 8-22-2007 as an emergency; operative 8-30-2007 (Register
2007, No. 34). A Certificate of Compliance must be transmitted to OAL by
12-28-2007 oremergency language will be repealed by operation of law on the
following day.
5. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§ 1375. Alternate Method of Compliance. [Repealed]
NOTE: Authority cited: Section 31530, Vehicle Code. Reference: Section 31530,
Vehicle Code.
History
1. Amendment filed 11-9-81; effective thirtieth day thereafter (Register 81, No.
46).
2. Repealer filed 12-27-2006 as an emergency; operative 1-1-2007 (Register
2006, No. 52). A Certificate of Compliance must be transmitted to OAL by
5-1-2007 oremergency language will be repealed by operation of law on the
following day.
3. Repealer refiled 5-1-2007 as an emergency; operative 5-2-2007 (Register
2007, No. 18). A Certificate of Compliance must be transmitted to OAL by
8-30-2007 or emergency language will be repealed by operation of law on the
following day.
4. Repealer refiled 8-22-2007 as an emergency; operative 8-30-2007 (Register
2007, No. 34). A Certificate of Compliance must be transmitted to OAL by
12-28-2007 oremergency language will be repealed by operation of law on the
following day.
5. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
Article 2. Liquids in Collapsible
Containers — Securement and Transportation
§1400. Scope.
This article shall govern the transportation of liquids in collapsible
rubber or plastic containers with a capacity of 1 20 gal or more on flatbed
vehicles.
NOTE: Authority cited: Section 31540, Vehicle Code. Reference: Section 31540,
Vehicle Code.
History
1. New Article 9 (Sections 1400 through 1406) filed 6-14-74; designated effec-
tive 7-20-74 (Register 74, No. 24). Also, see former Article 1 1 (Sections 1400
through 1409) Register 73, No. 27.
2. Editorial correction of Note filed 4-28-83 (Register 83, No. 18).
3. Repealer of article 9 (sections 1400-1406) and section filed 12-27-2006 as an
emergency; operative 1-1-2007 (Register 2006, No. 52). A Certificate of Com-
pliance must be transmitted to OAL by 5-1-2007 or emergency language will
be repealed by operation of law on the following day.
4. Refiling of repealer of article 9 (sections 1400-1406) and section and reinstate-
ment and renumbering of former article 1 1 (sections 1420-1425) to new article
2 (sections 1400-1405) and reinstatement and renumbering of former section
1420 to new section 1400 as an emergency on 5-1-2007; operative 5-2-2007
(Register 2007, No. 18). A Certificate of Compliance must be transmitted to
OAL by 8-30-2007 or emergency language will be repealed by operation of
law on the following day.
5. Refiling of repealer of article 9 (sections 1400-1406) and section and reinstate-
ment and renumbering of former article 11 (sections 1420-1425) to new article
2 (sections 1400-1405) and reinstatement and renumbering of former section
1420 to new section 1400 as an emergency on 8-22-2007; operative
8-30-2007 (Register 2007, No. 34). A Certificate of Compliance must be trans-
mitted to OAL by 12-28-2007 or emergency language will be repealed by op-
eration of law on the following day.
6. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§1401. Identification.
Each collapsible container shall be clearly and permanently marked by
the manufacturer as follows:
(a) Lading. The liquid lading the container is designed to transport
shall be identified. No other liquid shall be transported unless the motor
carrier first obtains in writing, from the manufacturer or other competent
source, a statement that the container is suitable for the specific alternate
lading and the container is so marked.
(b) Maximum Temperature. Each collapsible container designed to
transport liquids above ambient temperature shall be labeled near the
loading valve: "Maximum allowable cargo temperature is degrees
F," as specified by the manufacturer. A container without this label shall
transport only ladings at ambient temperature.
(c) Maximum Pressure. Each collapsible container shall be marked by
the manufacturer with the maximum pressure, in pounds per square inch,
it is designed to withstand. No motor carrier shall transport liquids at a
greater pressure.
NOTE: Authority cited: Section 31540, Vehicle Code. Reference: Section 31540,
Vehicle Code.
History
1. Editorial correction adding Note filed 4-28-83 (Register 83, No. 18).
2. Repealer filed 12-27-2006 as an emergency; operative 1-1-2007 (Register
2006, No. 52). A Certificate of Compliance must be transmitted to OAL by
5-1-2007 or emergency language will be repealed by operation of law on the
following day.
3. Refiling of repealer and reinstatement and renumbering of former section 1421
to new section 1401 as an emergency on 5-1-2007; operative 5-2-2007 (Regis-
ter 2007, No. 18). A Certificate of Compliance must be transmitted to OAL by
8-30-2007 or emergency language will be repealed by operation of law on the
following day.
4. Refiling of repealer and reinstatement and renumbering of former section 1421
to new section 1401 as an emergency on 8-22-2007; operative 8-30-2007
(Register 2007, No. 34). A Certificate of Compliance must be transmitted to
OAL by 12-28-2007 or emergency language will be repealed by operation of
law on the following day.
5. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
Page 158
Register 2008, No. 5; 2-1-2008
Title 13
Department of the California Highway Patrol
§1411
•
§ 1 402. Retest and Repair.
Each collapsible container shall be retested at least once every two
years and shall not be returned to service until it has met the manufactur-
er's retest standards. Any leakage shall be deemed failure of the retest.
Any collapsible container that fails the retest shall be repaired before it
is used. All repairs shall conform with the manufacturer's repair stan-
dards and shall be made by a qualified person.
NOTE: Authority cited: Section 31540, Vehicle Code. Reference: Section 31540,
Vehicle Code.
History
1. Editorial correction adding Note filed 4-28-83 (Register 83, No. 18).
2. Repealer filed 12-27-2006 as an emergency; operative 1-1-2007 (Register
2006, No. 52). A Certificate of Compliance must be transmitted to OAL by
5-1-2007 or emergency language will be repealed by operation of law on the
following day.
3. Refiling of repealer and reinstatement and renumbering of former section 1422
to new section 1 402 as an emergency on 5-1-2007; operative 5-2-2007 (Regis-
ter 2007, No. 18). A Certificate of Compliance must be transmitted to OAL by
8-30-2007 or emergency language will be repealed by operation of law on the
following day.
4. Refiling of repealer and reinstatement and renumbering of former section 1422
to new section 1402 as an emergency on 8-22-2007; operative 8-30-2007
(Register 2007, No. 34). A Certificate of Compliance must be transmitted to
OAL by 12-28-2007 or emergency language will be repealed by operation of
law on the following day.
5. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§1403. Restraints.
The means of attachment of collapsible containers to the vehicle shall
be of equal or greater strength than specified by the manufacturer for re-
straining straps or similar devices.
NOTE. Authority cited: Section 31540, Vehicle Code. Reference: Section 31540,
Vehicle Code.
History
1 . Editorial correction adding Note filed 4-28-83 (Register 83, No. 18).
2. Amendment filed 10-30-84; effective thirtieth da thereafter (Register 84, No.
44).
3. Repealer filed 12-27-2006 as an emergency; operative 1-1-2007 (Register
2006, No. 52). A Certificate of Compliance must be transmitted to OAL by
5-1-2007 or emergency language will be repealed by operation of law on the
following day.
4. Refiling of repealer and reinstatement and renumbering of former section 1423
to new section 1403 as an emergency on 5-1-2007; operative 5-2-2007 (Regis-
ter 2007, No. 18). A Certificate of Compliance must be transmitted to OAL by
8-30-2007 or emergency language will be repealed by operation of law on the
following day.
5. Refiling of repealer and reinstatement and renumbering of former section 1423
to new section 1403 as an emergency on 8-22-2007; operative 8-30-2007
(Register 2007, No. 34). A Certificate of Compliance must be transmitted to
OAL by 12-28-2007 or emergency language will be repealed by operation of
law on the following day.
6. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§ 1404. Transportation of Flammables.
Transportation of combustible or flammable liquids is prohibited.
NOTE: Authority cited: Section 31540, Vehicle Code. Reference: Section 31540,
Vehicle Code.
History
1 . Editorial correction adding Note filed 4-28-83 (Register 83, No. 1 8).
2. Repealer filed 12-27-2006 as an emergency; operative 1-1-2007 (Register
2006, No. 52). A Certificate of Compliance must be transmitted to OAL by
5-1-2007 or emergency language will be repealed by operation of law on the
following day.
3. Refiling of repealer and reinstatement and renumbering of former section 1424
to new section 1 404 as an emergency on 5-1-2007; operative 5-2-2007 (Regis-
ter 2007, No. 18). A Certificate of Compliance must be transmitted to OAL by
8-30-2007 or emergency language will be repealed by operation of law on the
following day.
4. Refiling of repealer and reinstatement and renumbering of former section 1424
to new section 1404 as an emergency on 8-22-2007; operative 8-30-2007
(Register 2007, No. 34). A Certificate of Compliance must be transmitted to
OAL by 12-28-2007 or emergency language will be repealed by operation of
law on the following day.
5. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§ 1405. Alternate Standards.
Whenever this article requires compliance with manufacturer's stan-
dards but the motor carrier is unable to determine them, he/she may write
the department for permission to comply by using any standards the de-
partment finds necessary to protect health and safety.
NOTE: Authority cited: Section 31540, Vehicle Code. Reference: Section 31540,
Vehicle Code.
History
1. Editorial correction adding Note filed 4-28-83 (Register 83, No. 18).
2. Repealer filed 12-27-2006 as an emergency; operative 1-1-2007 (Register
2006, No. 52). A Certificate of Compliance must be transmitted to OAL by
5-1-2007 or emergency language will be repealed by operation of law on the
following day.
3. Refiling of repealer and reinstatement and renumbering of former section 1425
to new section 1 405 as an emergency on 5-1-2007; operative 5-2-2007 (Regis-
ter 2007, No. 18). A Certificate of Compliance must be transmitted to OAL by
8-30-2007 or emergency language will be repealed by operation of law on the
following day.
4. Refiling of repealer and reinstatement and renumbering of former section 1 425
to new section 1405 as an emergency on 8-22-2007; operative 8-30-2007
(Register 2007, No. 34). A Certificate of Compliance must be transmitted to
OAL by 12-28-2007 or emergency language will be repealed by operation of
law on the following day.
5. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§ 1406. Alternate Method of Compliance. [Repealed]
NOTE: Authority cited: Section 31540, Vehicle Code. Reference: Section 31540,
Vehicle Code.
History
1 . Amendment filed 1 0-28-8 1 ; effective thirtieth day thereafter (Register 81 , No.
44).
2. Repealer filed 12-27-2006 as an emergency; operative 1-1-2007 (Register
2006, No. 52). A Certificate of Compliance must be transmitted to OAL by
5-1-2007 or emergency language will be repealed by operation of law on the
following day.
3. Repealer refiled 5-1-2007 as an emergency; operative 5-2-2007 (Register
2007, No. 18). A Certificate of Compliance must be transmitted to OAL by
8-30-2007 or emergency language will be repealed by operation of law on the
following day.
4. Repealer refiled 8-22-2007 as an emergency; operative 8-30-2007 (Register
2007, No. 34). A Certificate of Compliance must be transmitted to OAL by
12-28-2007 or emergency language will be repealed by operation of law on the
following day.
5. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§ 1410. Scope of Regulations. [Repealed]
NOTE: Authority cited: Sections 2402 and 29800, Vehicle Code. Reference: Sec-
tion 29800, Vehicle Code.
History
1. New Article 10 (Sections 1410-1419) filed 5-13-77; designated effective
7-1-77 (Register 77, No. 20).
2. Repealer of Article 10 (Sections 1410-1419) and new Article 10 (Sections
1410-1418) filed 12-7-81; effective thirtieth day thereafter (Register 81, No.
50). For prior history, see Registers 80, No. 25; and 77, No. 27.
3. Repealer of article 10(sections 1410-141 8) and section filed 12-27-2006 as an
emergency; operative 1-1-2007 (Register 2006, No. 52). A Certificate of Com-
pliance must be transmitted to OAL by 5-1-2007 or emergency language will
be repealed by operation of law on the following day.
4. Repealer of article 10 (sections 1410-1418) and section refiled 5-1-2007 as an
emergency; operative 5-2-2007 (Register 2007, No. 1 8). A Certificate of Com-
pliance must be transmitted to OAL by 8-30-2007 or emergency language will
be repealed by operation of law on the following day.
5. Repealer of article 10 (sections 1410-1418) and section refiled 8-22-2007 as
an emergency; operative 8-30-2007 (Register 2007, No. 34). A Certificate of
Compliance must be transmitted to OAL by 12-28-2007 or emergency lan-
guage will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§ 1 41 1 . Definitions. [Repealed]
NOTE: Authority cited: Section 29800, Vehicle Code. Reference: Section 29800,
Vehicle Code.
History
1. Repealer filed 12-27-2006 as an emergency; operative 1-1-2007 (Register
2006, No. 52). A Certificate of Compliance must be transmitted to OAL by
5-1-2007 or emergency language will be repealed by operation of law on the
following day.
Page 159
Register 2008, No. 5; 2-1-2008
§1412
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
2. Repealer refiled 5-1-2007 as an emergency; operative 5-2-2007 (Register
2007, No. 18). A Certificate of Compliance must be transmitted to OAL by
8-30-2007 or emergency language will be repealed by operation of law on the
following day.
3. Repealer refiled 8-22-2007 as an emergency; operative 8-30-2007 (Register
2007, No. 34). A Certificate of Compliance must be transmitted to OAL by
12-28-2007 or emergency language will be repealed by operation of law on the
following day.
4. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§ 1412. General Provisions. [Repealed]
NOTE: Authority cited: Section 29800, Vehicle Code. Reference: Section 29800,
Vehicle Code.
History
1. Amendment filed 10-30-84; effective thirtieth day thereafter (Register 84, No.
44).
2. Repealer filed 12-27-2006 as an emergency, operative 1-1-2007 (Register
2006, No. 52). A Certificate of Compliance must be transmitted to OAL by
5-1-2007 or emergency language will be repealed by operation of law on the
following day.
3. Repealer refiled 5-1-2007 as an emergency; operative 5-2-2007 (Register
2007, No. 18). A Certificate of Compliance must be transmitted to OAL by
8-30-2007 or emergency language will be repealed by operation of law on the
following day.
4. Repealer refiled 8-22-2007 as an emergency; operative 8-30-2007 (Register
2007, No. 34). A Certificate of Compliance must be transmitted to OAL by
12-28-2007 or emergency language will be repealed by operation of law on the
following day.
5. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§ 1 41 3. Racks. [Repealed]
NOTE: Authority cited: Section 29800, Vehicle Code. Reference: Section 29800,
Vehicle Code.
History
1. Repealer filed 12-27-2006 as an emergency; operative 1-1-2007 (Register
2006, No. 52). A Certificate of Compliance must be transmitted to OAL by
5-1-2007 or emergency language will be repealed by operation of law on the
following day.
2. Repealer refiled 5-1-2007 as an emergency; operative 5-2-2007 (Register
2007, No. 1 8). A Certificate of Compliance must be transmitted to OAL by
8-30-2007 or emergency language will be repealed by operation of law on the
following day.
3. Repealer refiled 8-22-2007 as an emergency; operative 8-30-2007 (Register
2007, No. 34). A Certificate of Compliance must be transmitted to OAL by
1 2-28-2007 or emergency language will be repealed by operation of law on the
following day.
4. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§1414. V-Boards. [Repealed]
NOTE: Authority cited: Section 29800, Vehicle Code. Reference: Section 29800,
Vehicle Code.
History
1. Repealer filed 12-27-2006 as an emergency; operative 1-1-2007 (Register
2006, No. 52). A Certificate of Compliance must be transmitted to OAL by
5-1-2007 or emergency language will be repealed by operation of law on the
following day.
2. Repealer refiled 5-1-2007 as an emergency; operative 5-2-2007 (Register
2007, No. 18). A Certificate of Compliance must be transmitted to OAL by
8-30-2007 or emergency language will be repealed by operation of law on the
following day.
3. Repealer refiled 8-22-2007 as an emergency; operative 8-30-2007 (Register
2007, No. 34). A Certificate of Compliance must be transmitted to OAL by
12-28-2007 or emergency language will be repealed by operation of law on the
following day.
4. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§ 1415. Cab Protection. [Repealed]
NOTE: Authority cited: Section 29800, Vehicle Code. Reference: Section 29800,
Vehicle Code.
History
1. Repealer filed 12-27-2006 as an emergency; operative 1-1-2007 (Register
2006, No. 52). A Certificate of Compliance must be transmitted to OAL by
5-1-2007 or emergency language will be repealed by operation of law on the
following day.
2. Repealer refiled 5-1-2007 as an emergency; operative 5-2-2007 (Register
2007, No. 18). A Certificate of Compliance must be transmitted to OAL by
8-30-2007 or emergency language will be repealed by operation of law on the
following day.
3. Repealer refiled 8-22-2007 as an emergency; operative 8-30-2007 (Register
2007, No. 34). A Certificate of Compliance must be transmitted to OAL by
12-28-2007 or emergency language will be repealed by operation of law on the
following day.
4. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008. No. 5).
§ 1416. Loading and Securement of Lumber and Lumber
Products. [Repealed]
NOTE: Authority cited: Section 29800, Vehicle Code. Reference: Section 29800,
Vehicle Code.
History
1. Repealer filed 12-27-2006 as an emergency; operative 1-1-2007 (Register
2006, No. 52). A Certificate of Compliance must be transmitted to OAL by
5-1-2007 or emergency language will be repealed by operation of law on the
following day.
2. Repealer refiled 5-1-2007 as an emergency; operative 5-2-2007 (Register
2007, No. 18). A Certificate of Compliance must be transmitted to OAL by
8-30-2007 or emergency language will be repealed by operation of law on the
following day.
3. Repealer refiled 8-22-2007 as an emergency; operative 8-30-2007 (Register
2007, No. 34). A Certificate of Compliance must be transmitted to OAL by
12-28-2007 or emergency language will be repealed by operation of law on the
following day.
4. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§ 1417. Loading and Securement of Specific Lumber
Products. [Repealed]
NOTE: Authority cited: Section 29800, Vehicle Code. Reference: Section 29800,
Vehicle Code.
History
1. Amendment of subsections (b)(2)(D) and (e)(2)(A) filed 10-30-84; effective
thirtieth day thereafter (Register 84, No. 44).
2. Repealer filed 12-27-2006 as an emergency; operative 1-1-2007 (Register
2006, No. 52). A Certificate of Compliance must be transmitted to OAL by
5-1-2007 or emergency language will be repealed by operation of law on the
following day.
3. Repealer refiled 5-1-2007 as an emergency; operative 5-2-2007 (Register
2007, No. 18). A Certificate of Compliance must be transmitted to OAL by
8-30-2007 or emergency language will be repealed by operation of law on the
following day.
4. Repealer refiled 8-22-2007 as an emergency, operative 8-30-2007 (Register
2007, No. 34). A Certificate of Compliance must be transmitted to OAL by
12-28-2007 or emergency language will be repealed by operation of law on the
following day.
5. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§ 1418. Alternate Method of Compliance. [Repealed]
NOTE: Authority cited: Section 29800, Vehicle Code. Reference: Section 29800,
Vehicle Code.
History
1. Repealer filed 12-27-2006 as an emergency; operative 1-1-2007 (Register
2006, No. 52). A Certificate of Compliance must be transmitted to OAL by
5-1-2007 or emergency language will be repealed by operation of law on the
following day.
2. Repealer refiled 5-1-2007 as an emergency; operative 5-2-2007 (Register
2007, No. 18). A Certificate of Compliance must be transmitted to OAL by
8-30-2007 or emergency language will be repealed by operation of law on the
following day.
3. Repealer refiled 8-22-2007 as an emergency; operative 8-30-2007 (Register
2007, No. 34). A Certificate of Compliance must be transmitted to OAL by
12-28-2007 or emergency language will be repealed by operation of law on the
following day.
4. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§ 1420. Scope. [Repealed]
NOTE: Authority cited: Section 31540, Vehicle Code. Reference: Section 31540,
Vehicle Code.
History
1. New Article 11 (Sections 1420-1426) filed 8-14-78; designated effective
9-18-78 (Register 78, No. 33). For history of former Article 11, see Registers
74, No. 24; 73, No. 27; and 64, No. 19.
•
Page 160
Register 2008, No. 5; 2-1-2008
Title 13
Department of the California Highway Patrol
§1425
2. Editorial correction of Note filed 8-27-82 (Register 82, No. 35).
3. Repealer of article 1 1 (sections 1420-1425) and section filed 12-27-2006 as an
emergency; operative l-J-2007 (Register 2006, No. 52). A Certificate of Com-
pliance must be transmitted to OAL by 5-1-2007 or emergency language will
be repealed by operation of law on the following day.
4. Refiling of emergency on 5-1-2007, including reinstatement and renumbering
of former article 11 (sections 1420-1 425) to new article 2 (sections 1400-1405)
and renumbering of former section 1420 to new section 1400; operative
5-2-2007 (Register 2007, No. 18). A Certificate of Compliance must be trans-
mitted to OAL by 8-30-2007 or emergency language will be repealed by opera-
tion of law on the following day.
5. Refiling of repealer of article 11 (sections 1420-1425) and section and renum-
bering of former article 11 (sections 1420-1425) to new article 2 (sections
1 400-1 405) and renumbering of former section 1 420 to new section 1 400 as an
emergency on 8-22-2007; operative 8-30-2007 (Register 2007, No. 34). A
Certificate of Compliance must be transmitted to OAL by 1 2-28-2007 or emer-
gency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§1421. Identification. [Repealed]
NOTE: Authority cited: Section 31540, Vehicle Code. Reference: Section 31540,
Vehicle Code.
History
1. Editorial correction of NOTE filed 8-27-82 (Register 82, No. 35).
2. Repealer filed 12-27-2006 as an emergency; operative 1-1-2007 (Register
2006, No. 52). A Certificate of Compliance must be transmitted to OAL by
5-1-2007 or emergency language will be repealed by operation of law on the
following day.
3. Refiling of emergency on 5-1-2007, including reinstatement and renumbering
of former section 1421 to new section 1401; operative 5-2-2007 (Register
2007, No. 18). A Certificate of Compliance must be transmitted to OAL by
8-30-2007 or emergency language will be repealed by operation of law on the
following day.
4. Refiling of repealer and renumbering of former section 1421 to new section
1401 as an emergency on 8-22-2007; operative 8-30-2007 (Register 2007, No.
34). A Certificate of Compliance must be transmitted to OAL by 12-28-2007
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§ 1422. Retest and Repair. [Repealed]
NOTE: Authority cited: Section 31540, Vehicle Code. Reference: Section 31540,
Vehicle Code.
History
1. Editorial correction of Note filed 8-27-82 (Register 82, No. 35).
2. Repealer filed 12-27-2006 as an emergency; operative 1-1-2007 (Register
2006, No. 52). A Certificate of Compliance must be transmitted to OAL by
5-1-2007 or emergency language will be repealed by operation of law on the
following day.
3. Refiling of emergency on 5-1-2007, including reinstatement and renumbering
of former section 1422 to new section 1402; operative 5-2-2007 (Register
2007, No. J 8). A Certificate of Compliance must be transmitted to OAL by
8-30-2007 or emergency language will be repealed by operation of law on the
following day.
4. Refiling of repealer and renumbering of former section 1422 to new section
1402 as an emergency on 8-22-2007; operative 8-30-2007 (Register 2007, No.
34). A Certificate of Compliance must be transmitted to OAL by 12-28-2007
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§ 1423. Restraints. [Repealed]
NOTE: Authority cited: Section 31540, Vehicle Code. Reference: Section 31540,
Vehicle Code.
History
1. Editorial correction of Note filed 8-27-82 (Register 82,No. 35).
2. Repealer filed 12-27-2006 as an emergency; operative 1-1-2007 (Register
2006, No. 52). A Certificate of Compliance must be transmitted to OAL by
5-1-2007 or emergency language will be repealed by operation of law on the
following day.
3. Refiling of emergency on 5-1-2007, including reinstatement and renumbering
of former section 1423 to new section 1403; operative 5-2-2007 (Register
2007, No. 18). A Certificate of Compliance must be transmitted to OAL by
8-30-2007 or emergency language will be repealed by operation of law on the
following day.
4. Refiling of repealer and renumbering of former section 1423 to new section
1 403 as an emergency on 8-22-2007; operative 8-30-2007 (Register 2007, No.
34). A Certificate of Compliance must be transmitted to OAL by 12-28-2007
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§ 1424. Transportation of Flammables. [Repealed]
NOTE: Authority cited: Section 31540, Vehicle Code. Reference: Section 31540,
Vehicle Code.
History
1. Editorial correction of NOTE filed 8-27-82 (Register 82, No. 35).
2. Amendment filed 6-22-83; effective thirtieth day thereafter (Register 83, No.
26).
3. Repealer filed 12-27-2006 as an emergency; operative 1—1-2007 (Register
2006, No. 52). A Certificate of Compliance must be transmitted to OAL by
5-1-2007 or emergency language will be repealed by operation of law on the
following day.
4. Refiling of emergency on 5-1-2007, including reinstatement and renumbering
of former section 1424 to new section 1404; operative 5-2-2007 (Register
2007, No. 18). A Certificate of Compliance must be transmitted to OAL by
8-30-2007 or emergency language will be repealed by operation of law on the
following day.
5. Refiling of repealer and renumbering of former section 1424 to new section
1404 as an emergency on 8-22-2007; operative 8-30-2007 (Register 2007, No.
34). A Certificate of Compliance must be transmitted to OAL by 12-28-2007
or emergency language will be repealed by operation of law on the following
day.
6. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
§ 1425. Alternate Standards. [Repealed]
NOTE: Authority cited: Section 31540, Vehicle Code. Reference: Section 31540,
Vehicle Code.
History
1. Repealer of Section 1425 and renumbering of Section 1426 to Section 1425 filed
1-13-82; effective thirtieth day thereafter (Register 82, No. 3).
2. Repealer filed 12-27-2006 as an emergency; operative 1-1-2007 (Register
2006, No. 52). A Certificate of Compliance must be transmitted to OAL by
5-1-2007 or emergency language will be repealed by operation of law on the
following day.
3. Refiling of emergency on 5-1-2007, including reinstatement and renumbering
of former section 1425 to new section 1405; operative 5-2-2007 (Register
2007, No. 18). A Certificate of Compliance must be transmitted to OAL by
8-30-2007 or emergency language will be repealed by operation of law on the
following day.
4. Refiling of repealer and renumbering of former section 1425 to new section
1405 as an emergency on 8-22-2007; operative 8-30-2007 (Register 2007, No.
34). A Certificate of Compliance must be transmitted to OAL by 12-28-2007
or emergency language will be repealed by operation of law on the following
day.
5. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
Article 15. Lumber and Lumber
Products — Safe Loading, Securement, and
Transportation [Repealed]
NOTE: Authority cited: Section 2402, Vehicle Code. Reference: Section 29800,
Vehicle Code.
History
1. Repealer of Article 15 (Sections 1500-1507) filed 5-1 3-77; designated effec-
tive 7-1-77 (Register 77, No. 20). For prior history, see Registers 67, No. 38;
68, No. 43; 71, No. 20; 73, No. 13.
2. Repealer of footnote filed 12-27-2006 as an emergency; operative 1-1-2007
(Register 2006, No. 52). A Certificate of Compliance must be transmitted to
OAL by 5-1-2007 or emergency language will be repealed by operation of law
on the following day.
3. Repealer of footnote refiled 5-1-2007 as an emergency; operative 5-2-2007
(Register 2007, No. 18). A Certificate of Compliance must be transmitted to
OAL by 8-30-2007 or emergency language will be repealed by operation of
law on the following day.
4. Repealer of footnote refiled 8-22-2007 as an emergency; operative 8-30-2007
(Register 2007, No. 34). A Certificate of Compliance must be transmitted to
OAL by 12-28-2007 or emergency language will be repealed by operation of
law on the following day.
5. Certificate of Compliance as to 8-22-2007 order transmitted to OAL
12-18-2007 and filed 2-1-2008 (Register 2008, No. 5).
Page 161
Register 2008, No. 5; 2-1-2008
§1800
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
Chapter 8. Passenger Vehicle Inspection
NOTE: Authority and reference cited: Section 2814, Vehicle Code.
History
1 . Repealer of Subchapter 8 (Sections 1700-1 704) filed 1-21-81 ; effective thir-
tieth day thereafter (Register 81, No. 4). For prior history, See Registers 75, No.
4; 66. No. 24 and 66, No. 19.
Chapter 9. Abandoned Vehicles
NOTE. Authority cited: Section 2402, Vehicle Code. Reference: Sections 22660
and 22710, Vehicle Code.
History
1. New Subchapter 9 (Section 1720) filed 1 1-6-74; designated effective 1-1-75
(Register 74, No. 45).
2. Amendment filed 7-20-76; designated effective 8-27-76 (Register 76, No. 30).
3. Repealer of Subchapter 9 (Section 1720) filed 8-4-83; effective thirtieth day
thereafter (Register 83, No. 32).
Chapter 10. Internal Affairs
Article 1. Conflict of Interest Code
§ 1800. Conflict of Interest Code for the California Highway
Patrol.
(a) Incorporation by Reference. The Political Reform Act, Govern-
ment Code Sections 8 1 000, et seq., requires state and local government
agencies to adopt and promulgate Conflict of Interest Codes. The Fair
Political Practices Commission has adopted a regulation in Title 2,
California Code of Regulations, Section 1 8730, which contains the terms
of a standard Conflict of Interest Code, which can be incorporated by ref-
erence, and which may be amended by the Fair Political Practices Com-
mission to conform to amendments in the Political Reform Act after pub-
lic notice and hearings. Therefore, the terms of Title 2, California Code
of Regulations, Section 18730 and any amendments to it duly adopted by
the Fair Political Practices Commission, along with the attached Appen-
dix in which officials and employees are designated and disclosure cate-
gories are set forth, are hereby incorporated by reference and constitute
the Conflict of Interest Code of the California Highway Patrol.
(b) Designated Employees. Designated employees shall file state-
ments of economic interests with the agency who will make the state-
ments available for public inspection and reproduction (Government
Code Section 1008). Upon receipt of the statement of the Commissioner,
the agency shall make and retain a copy and forward the original of this
statement to the Fair Political Practices Commission. Statements for all
other designated employees will be retained by the agency.
NOTE: Authority cited: Section 2402, Vehicle Code; and Section 87300, Govern-
ment Code. Reference: Section 87300, Government Code.
History
1. New subchapter 10 (sections 1800-1807) filed 7-1-77; effective thirtieth day
thereafter. Approved by Fair Political Practices Commission 3- 1 6-77 (Register
77, No. 27).
2. Repealer of article 1 (sections 1800-1807) and new article 1 (section 1800 and
Appendix) filed 3-18-81; effective thirtieth day thereafter. Approved by Fair
Political Practices Commission 12-1-80 (Register 81, No. 12).
3. Amendment of section 1800 and Appendix filed 10-16-81; effective thirtieth
day thereafter. Approved by Fair Political Practices Commission 8-31-81
(Register 81, No. 42).
4. Amendment of Appendix filed 8-19-83; effective thirtieth day thereafter. Ap-
proved by Fair Political Practices Commission 7-12-83 (Register 83, No. 34).
5. Amendment of Appendix filed 5-5-86; effective thirtieth day thereafter. Ap-
proved by Fair Political Practices Commission 4-8-86 (Register 86, No. 19).
6. Change without regulatory effect of section 1800 filed 2-8-88; operative
3-9-88 (Register 88, No. 7).
7. Amendment of Appendix filed 1-9-91; operative 1-9-91. Approved by Fair
Political Practices Commission 4-5-90 (Register 91, No. 11).
8. Editorial correction of printing error inadvertently omitting text (Register 91,
No. 17).
9. Amendment filed 2-27-92; operative 3-30-92. Submitted to OAL for printing
only. Approved by Fair Political Practices Commission 12-18-91 (Register 92,
No. 13).
10. Amendment of section and Appendix filed 3-21-95; operative 4-20-95. Sub-
mitted to OAL for printing only. Approved by Fair Political Practices Commis-
sion 1-25-95 (Register 95, No. 12).
11. Amendment of Appendix filed 11-24-97 as an emergency; operative
12-24-97. Submitted to OAL for printing only. Approved by Fair Political
Practices Commission 9-19-97 (Register 97, No. 48).
12. Amendment of section and Appendix filed 3-13-2000; operative 4-12-2000.
Approved by Fair Political Practices Commission 1-24-2000 (Register 2000,
No. 11).
Appendix
Designated Positions
Assigned
Disclosure
Categories
Commissioner 1
Deputy Commissioner 1
Assistant Commissioner, Field 1
Assistant Commissioner, Staff 1
Executive Assistants to Assistant Commissioners 1
In-House Counsel 1
Commander, Office of Public Affairs 1
Commander, Office of Special Representative 1
Commander, Governor's Protective Detail 1
Commander and Assistant Commander of the following divisions:
Administrative Services Division 2
Enforcement Services Division 2
Information Management Division 2
Professional Standards Division 2
Protective Services Division 2
Commanders of the following offices and sections:
Accounting Section 2
Budget Section 2
Facilities Section 2
Network Management Section 2
Office of Dignitary Protection 2
Office of Organization Development 2
Office of Research & Planning 2
Office of Special Projects 2
Software Development and Support Section 2
Telecommunications Section 2
Uniformed staff (except the Commander) of the
Office of Special Representative 2
Chiefs and Assistant Chiefs of Field Divisions 3
Area Commanders 3
Special Services Commanders in Field Divisions 3
Commanders of the following:
Office of Capitol Services 4
Office of Court Services 4
Office of Equal Employment Opportunity 4
Office of Employee Relations 4
Chief and Assistant Chiefs, Personnel and Training Division 4
The following Business Services Section Employees:
Supervisor, Purchasing Unit 4
Supervisor, Purchasing Services 4
Coordinator, Warehouse Supply 4
Supervisor, Contract Management Unit 4
Employees, Contract Management Unit 4
Commanders of the following:
Academy 4
Audit and Evaluation Section 4
Business Services Section 4
Health and Safety Section 4
Internal Affairs Section 4
Motor Transport Section 4
Personnel Services Section 4
Selection Standards and Examinations Section 4
Support Services Section 4
Commercial Vehicle Section 5
Field Services Section 5
Investigative Services Section 5
Office of Air Operations 5
•
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Register 2008, No. 5; 2-1-2008
Title 13
Department of the California Highway Patrol
§1800
•
Designated Positions
Assigned
Disclosure
Categories
Lieutenants and Sergeants assigned to
permanent positions in Headquarters
unless otherwise specified in the Appendix 5
Consultant* 1
^Consultants shall be included in the list of designated employees and shall dis-
close pursuant to the broadest disclosure category in the Code subject to the fol-
lowing limitation:
The Commissioner may determine in writing that a particular consultant, al-
though a "designated person," is hired to perform a range of duties that are limited
in scope and thus is not required to fully comply with the disclosure requirements
described in this section. Such written determination shall include a description of
the consultant's duties and, based upon that description, a statement of the extent
of disclosure requirements. The Commissioner's determination is a public record
and shall be retained for public inspection in the same manner and location as this
Conflict oflnterest Code. Nothing herein excuses any such consultant from any
other provision of this Conflict of Interest Code.
DISCLOSURE CATEGORIES
Category 1
Designated employees in Category 1 shall report:
(a) All investments;
(b) All interests in real property;
(c) All income; and
(d) All business positions held in any business entities.
Category 2
Designated employees in Category 2 shall report:
(a) All interests in real property;
(b) Any investments in, business positions with, and income from, any
source that:
[The next page is 191.]
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Title 13
Department of the California Highway Patrol
§1855
( 1 ) Wi thin the previous two years has done business, is currently doing
business, or plans to do business with the California Highway Patrol to
provide services, equipment, leased space, materials or supplies.
(2) Is a commercial motor carrier, an operator of motor vehicles for
hire, or an operator of motor vehicles used for commercial purposes.
(3) Is a manufacturer or vendor of motor vehicles or automotive parts,
accessories or supplies.
Category' 3
Designated employees in Category 3 shall report items stipulated in
Category 2 if:
(a) The real property, investments, business entities, or other sources
of income are located within the boundaries of the designated em-
ployee's geographical area of departmental responsibility; and/or
(b) The business entities are doing, plan to do, or within the last two
years have done, business in that geographical area.
Category 4
Designated employees in Category 4 shall report investments and
business positions in any business entity and income from any source of
the type that has provided during the two years preceding the filing of this
report, or is currently providing, or planning to provide the California
Highway Patrol with services, equipment, leased space, materials, or
supplies.
Category 5
Designated employees in Category 5 shall report:
Investments in any organization and business positions in any busi-
ness entity and income from any source that,
(a) Is subject to inspection, regulation, licensing or certification by the
California Highway Patrol; or
(b) Is a manufacturer or vendor of motor vehicles or aircraft and auto-
motive or aircraft parts, accessories, or supplies.
§ 1 801 . Conflict of Interest Code for the California Office of
Traffic Safety.
NOTE: Authority cited: Section 87300, Government Code. Reference: Section
87300, Government Code.
History
1. New section and Appendix filed 10-21-93; operative 11-22-93. Approved by
the Fair Political Practices Commission 9-9-93 (Register 93, No. 43).
2. Amendment renumbering duplicative section number 1800 to new section 1801
and amendment of Appendix filed 1-14-98; operative 2-13-98. Approved by
Fair Political Practices Commission 1 1-5-97 (Register 98, No. 3).
3. Change without regulatory effect renumbering former title 13, section 1801 to
title 2, division 8, chapter 93, section 58200 filed 1 1-15-99 pursuant to section
100, title 1, California Code of Regulations (Register 99, No. 47).
Chapter 1 1 . Rules Applicable to Use of
State Property
Article 1. General
§1850. Applicability.
This chapter shall apply to the conduct of all individuals or groups us-
ing state property, except those individuals or groups who obtain permits
pursuant to Government Code Section 14998, et seq., which grants the
California Film Commission authority to issue permits for filming on
state property.
NOTE: Authority cited: Section 14685, Government Code. Reference: Section
14685(c), Government Code.
History
1. New chapter 11 (articles 1-3), article 1 (sections 1850-1851) and section filed
11-26-96; operative 12-26-96 (Register 96, No. 48).
§1851. Definitions.
As used in this chapter:
(a) "Commercial Activity" shall mean any activity or action, undertak-
en in whole or in part by one or more business entities and/or individuals,
whose purpose in whole or in part, directly or indirectly, is to derive or
realize a present or future financial gain for the individual(s) or business
entity or entities.
(b) "Commissioner" means the Commissioner of the California High-
way Patrol.
(c) "Demonstration" includes the parading, picketing, selling of non-
commercial printed matter or materials, marching, moving in procession,
holding of vigils, and engaging in other like forms of activity which in-
volve the communication of views or grievances, orally or by conduct
and which has the effect, intent or propensity to draw a crowd or onlook-
ers.
(d) "Department" means the Department of California Highway Pa-
trol.
(e) " Gathering" shall mean the assemblage of more than two persons
for other than the conducting of state business and having the effect, in-
tent or propensity to draw a crowd or onlookers.
(f) "State Capitol Grounds" is synonymous with "State Capitol Park"
or "Park" and includes the area located in the blocks bound by 9th and
10th, L and N Streets and 10th and 15th, and L and N Streets, in the City
of Sacramento, State of California.
(g) "State Property" includes all property owned, leased, rented, con-
trolled, used, or occupied by any department or part thereof of the Gov-
ernment of the State of California. For puiposes of this chapter, State
Property does not include:
(1) Property of the University of California, California State Universi-
ty, or Hastings College of Law, other than property occupied by a state
agency not under the authority of the administering body of the Universi-
ty of California, the California State University, or Hastings College of
Law.
(2) Property of any department or subdivision of state government,
which is authorized by law to employ one or more peace officers within
the state civil service, whose primary duty, as defined by law, is the provi-
sion of law enforcement services upon the property (e.g., California Ex-
position and State Fair, state hospitals of the Departments of Mental
Health or a Developmental Services, and parks and beaches of the De-
partment of Parks and Recreation).
(3) Property of the Departments of Corrections or Youth Authority
which is maintained and used primarily for the custody or housing of in-
mates or wards under the jurisdiction of the Departments of Corrections
or Youth Authority.
(4) Property under the jurisdiction of the California Department of
Transportation as outlined in the Streets & Highways Code, Chapter 3,
Sections 660-670.
(h) "Vehicle" means any device in, upon, or by which any person or
property is or may be propelled, moved, or drawn.
NOTE: Authority cited: Section 14685, Government Code. Reference: Section
14685(c), Government Code.
History
1. New section filed 11-26-96; operative 12-26-96 (Register 96, No. 48).
Article 2. Permits
§ 1855. Permits for Activity on State Property.
(a) Permit Application. Applications for permits shall be made in writ-
ing on a "Permit Application For Activity on State Property," CHP 398,
(rev. 3/96) to the appropriate California Highway Patrol office at least ten
(10) business days prior to the commencement of any activity discussed
in Article 3 below.
(b) Criteria for Issuance of Permit. The Department shall issue a per-
mit within ten (10) business days of receipt of a complete and proper
application, providing all of the following criteria are met:
(1) The primary purpose of the planned activity is not a "commercial
activity." An application shall be denied when the enterprise for which
the permit is sought includes, as its primary purpose, a commercial activ-
ity, whether or not other non-commercial, non-profit endeavors are in-
corporated, or otherwise undertaken, in conjunction with the commercial
activity. Eligibility for a permit under this section is confined to those in-
Page 191
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§1856
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
dividuals and business entities who seek to engage in activity that is pri-
marily non-commercial (e.g., an expression of ideas or causes of a reli-
gions, artistic, political, charitable, educational or cultural nature).
(2) The activity planned can be conducted in the area designated with-
out creating or causing risk of injury or illness to persons; risk of damage
or destruction to property and/or impeding the performance of public
business to be conducted in the area.
(3) There is no conflict as to time, place, manner, and/or duration of
the subject activity with activities for which permits have been issued or
are pending issuance.
(4) Permits will not be issued earlier than one (1) calendar year prior
to the planned activity. No exclusive rights to permits for designated
events shall be issued for consecutive future years to any one applicant.
(5) The activity planned does not conflict with rules in Article 3 of this
chapter unless the approved permit specifically exempts the holder of the
permit from the rules.
(6) The holder of the permit shall accept financial liability for any dam-
ages to state property by members of his or her party and further agrees
to leave the area clean. The permit may not be assigned.
(7) Insurance may be required on the planned size and/or complexity
of the event as determined by the Department after consultation with the
Department of General Services, Office of Risk and Insurance Manage-
ment. Additionally, the Department of General Services may require a
bond or deposit to cover the cost of any potential damage to state proper-
ty-
(8) One (1) security person shall be designated and provided by the
permit holder, at his or her expense, for each fifty (50) persons expected
to be in attendance. Each member of security shall wear a distinctive em-
blem, insignia, or article of wearing apparel at all times during the activ-
ity for identification purposes. To provide reference to the terms and con-
ditions of the permit they are charged with enforcing, each member of
security shall have a copy of the activity permit on his or her person while
present at the event. Employees of the Department shall have the privi-
lege of inspecting the premises covered by this permit at any or all times.
(9) The permit and the rights thereunder may not be assigned to a third
party.
(c) Duration of Permit. Unless the Department otherwise approves,
based on the application for permit, a permit issued under sub-division
(b) of this section shall not be valid more than seven (7) calendar days.
Extensions may be granted if the event time and location is not in conflict
with permits already granted.
(d) Revocation of Permit. The Department may revoke a permit if:
(1) It determines that any activity covered by such permit is creating
or causing risk injury or illness to persons; risk of damage or destruction
to property and/or impeding the performance of public business to be
conducted in the area or if the permit holder or persons in their group vio-
late any of the terms of their permit.
(2) Prior to commencement of the permitted event, the Department
finds it necessary to cancel the permit due to previously unknown cir-
cumstances. The Department reserves the right to cancel any permit or
change the location of the activity upon giving one (1) day written notice
to the holder of the permit without incurring any liability on the part of
the Department and the State of California.
(e) Exemption. Permits are not required for bake sales, craft sales, etc.,
organized and conducted at a worksite by a group of state employees
from said worksite, if the primary purpose of the activity is to raise funds
for donation to a non-profit organization or raise funds for offsetting the
cost of an employee organized social activity. This exemption does not
exempt said employees from the necessity of obtaining other permits and
permissions as may be required. Employees should contact their respec-
tive building managers to determines the proper approval process at their
worksite.
NOTE: Authority cited: Section 14685, Government Code. Reference: Section
14685(c), Government Code.
History
1. New article 2 (sections 1855-1857) and section filed 11-26-96; operative
12-26-96 (Register 96, No. 48).
2. Amendment of subsections (b)(4), (b)(7) and (d)(2) filed 4-7-98; operative
5-7-98 (Register 98, No. 15).
§ 1856. Denial or Cancellation of a Permit.
The Department may deny a request for permit or cancel a permit (be-
fore or during an event) upon determination of the Commissioner or his
or her designee that any of the following conditions have occurred:
(a) Incomplete information, false statement(s), or misrepresentation
have been made on the permit application;
(b) Fraud was committed in obtaining the permit;
(c) The person to whom the permit was issued is not present at the ac-
tivity and is not available for contact by a peace officer of the Department
or a representative of the state agency upon whose property the activity
is taking place;
(d) The conduct of either the person to whom the permit was issued or
persons attending the activity involves a violation of the permit, these
regulations, state law, or any other statute or ordinance.
NOTE: Authority cited: Section 14685, Government Code. Reference: Section
14685(c), Government Code.
History
1. New section filed 1 1-26-96; operative 12-26-96 (Register 96, No. 48).
§ 1857. Appealing Denial or Cancellation of Permit.
(a) Procedures. The denial or cancellation of a permit under Section
1855 or 1 856 shall state the reasons for such denial or cancellation. With-
in five (5) business days of the notification of denial or cancellation the
applicant or holder of the permit may apply to the Commissioner for a
review of the reasons for denial or cancellation. The proceedings for re-
view shall be held within five (5) business days thereafter, before the
Commissioner or his or her designee.
(b) Exclusion from Appeal Process: This section and the appeal proce-
dures set forth herein shall apply only in cases where a timely permit
application was filed in accordance with Section 1855 and the permit was
denied. No appeal shall be available if a timely permit application was
not filed.
NOTE: Authority cited: Section 14685, Government Code. Reference: Section
14685(c), Government Code.
History
1. New section filed 11-26-96; operative 12-26-96 (Register 96, No. 48).
Article 3. Restrictions on Use of State
Buildings and Grounds
§ 1860. Types of Permits.
(a) Permits for Demonstration or Gathering. No person shall hold or
conduct any demonstration or gathering in or upon any state buildings or
grounds unless a permit has been issued by the Department.
(b) Permits for Structures or Equipment. No person shall build, con-
struct, set-up, place or maintain, or attempt such, in or upon any of the
state property, any tent, platform, booth, bench, table, building, sound
system, or other structure, unless a permit for such a structure has been
issued by the Department.
NOTE: Authority cited: Section 14685, Government Code. Reference: Section
14685(c), Government Code.
History
1. New article 3 (sections 1860-1869) and section filed 11-26-96; operative
12-26-96 (Register 96, No. 48).
2. Redesignation of former subsection (2) as subsection (b) and amendment of
newly designated subsection (b) filed 4-7-98; operative 5-7-98 (Register 98,
No. 15).
§ 1 861 . Prohibited Conduct.
No person shall remain in or upon any state property after having been
ordered or directed by a member of the California Highway Patrol or the
person having charge of the facility to leave said property, provided, said
order or direction to leave is issued after the determination that one or
more of the following has occurred:
(a) Creating Loud and Unusual Noises. Said person, alone or in con-
junction with others, is creating loud and unusual noises which impede
or disturb the state employees in the performance of their duties or which
Page 192
Register 2000, No. 11; 3-17-2000
Title 13
Department of the California Highway Patrol
§1866
otherwise impede or disrupt the general public transacting business with
the state agency(ies) located within, about, or upon state property.
(b) Obstructing or Interfering with the Usual Use of State Property.
Said person, alone or in conjunction with others, is obstructing or
interfering with the usual use of entrances, foyers, corridors, offices, ele-
vators, stairways, garages, or parking lots, or is creating a health and/or
safety hazard in such use within, about, or upon state property.
(c) Present In or Upon State Property when Closed to Public. Said per-
son is in or on state property, or area thereof, during the hours when said
state property is not open to the general public, and said person does not
have a permit, the authority or lawful reason to be there.
(d) Emergency Order. Said person refuses to comply with an emergen-
cy order.
NOTE: Authority cited: Section 14685, Government Code. Reference: Section
14685(c), Government Code.
History
1. New section filed 11-26-96; operative 12-26-96 (Register 96, No. 48).
§ 1862. Signs, Posters, Placards, Banners.
(a) Requirements for Size. Carrying, transporting or using signs, post-
ers or banners exceeding thirty inches (30") by thirty inches (30") in
size, in or on any state property, is prohibited unless prior written permis-
sion has been obtained from the Commissioner or his or her designee
whose review, under this section, shall not be made on the basis of con-
tent.
(1) The size of the handles or supports for such signs, posters, placards
or banners shall be limited to one-fourth inch (1/4") in thickness by
three-fourth inch (3/4" ) in width and shall extend no more than eighteen
inches (18") beyond a single exterior edge of such signs, posters, plac-
ards or banners.
(2) All such handles or supports shall be made of wood without excep-
tion.
(b) Requirements for Carrying. All such signs, posters, placards or
banners shall be hand carried and not in any way affixed, fastened, or at-
tached to the premises; nor self-supporting and placed for display; nor
leaned against any wall, partition, or other portion of a state property.
(c) Prohibited Signs. The carrying of such signs, posters, placards or
banners is prohibited if it obstructs freedom of passage over, through, or
in state property.
NOTE: Authority cited: Section 14685, Government Code. Reference: Section
14685(c), Government Code.
History
1. New section filed 1 1-26-96; operative 12-26-96 (Register 96, No. 48).
§1863. Decorations.
No decorations are to be hung, tacked, taped, or in any way affixed to
trees, shrubbery, fencing, or lamp posts on state property.
NOTE: Authority cited: Section 14685, Government Code. Reference: Section
14685(c), Government Code.
History
1. New section filed 11-26-96; operative 12-26-96 (Register 96, No. 48).
§1864. Fire.
Fire is not permitted on state property.
NOTE: Authority cited: Section 14685, Government Code. Reference: Section
14685(c), Government Code.
History
1. New section filed 1 1-26-96; operative 12-26-96 (Register 96, No. 48).
§1865. Parking.
(a) Issuance of Parking Permits — State Capitol Grounds. Parking
permits shall be issued by the Department under the authority of and un-
der such conditions as may be prescribed by the Commissioner. Said
parking permits shall be subject to revocation or suspension at any time.
Unless sooner revoked or suspended, such permits shall expire at the end
of the calendar year in which issued.
(b) Exception to Required Parking Permit — State Capitol Grounds.
No person shall stop, park or leave standing, any vehicle without proper
parking permits displayed, on the State Capitol grounds except:
7(1) Members of the State Legislature.
(2) The operator of any vehicle which displays in plain view while
stopped, parked or left standing on said grounds, a valid parking permit
issued by the Department; the State Senate Rules Committee; or the State
Assembly Rules Committee.
(3) Persons stopping or parking a vehicle when necessary to avoid con-
flict with other traffic or in compliance with a traffic control signal device
or the direction of a California Highway Patrol Officer in control of traf-
fic.
(4) Persons stopping or parking a vehicle temporarily in areas desig-
nated by the California Highway Patrol for the purpose of loading or un-
loading merchandise or picking up or discharging passengers, and then
only for the period of time required to load or unload, pick up or discharge
such merchandise or passengers.
(c) Issuance of Parking Permits — State Property. Parking permits
may be issued under the authority of and under such conditions as may
be prescribed by the agency in control of said property.
(d) Display of Parking Permits. In locations where signs are posted in-
dicating parking permits are required, no person shall stop, park, or leave
standing, any vehicle on any property of the State of California, except
where such vehicle displays in plain view a valid parking permit.
(e) Unattended Vehicles. Vehicles left unattended, without proper
parking permits displayed, may be immediately removed by tow.
(0 Conformance with Posted Signs. Unless otherwise directed by a
California Highway Patrol Officer, no person shall stop, park, or leave
standing any vehicle on said state property unless such vehicle is parked,
stopped or left standing in areas designated for public parking and in con-
formance with such signs as may be posted on said grounds from time to
time.
(g) Driveways. No person shall stop, park or leave standing, any ve-
hicle on any part of the driveways running from L Street to the Capitol
Garage and from N Street to said garage.
(h) Loading Areas. No person shall stop, park or leave standing any
vehicle on any part of the loading area adjacent to the State Capitol Ga-
rage and west of the driveway from N Street to said garage except persons
who have obtained permits from the Department for parking spaces des-
ignated for him or her, or persons who are actually loading or unloading
merchandise at the loading dock.
NOTE: Authority cited: Section 14685, Government Code. Reference: Section
14685(c), Government Code.
History
1. New section filed 1 1-26-96; operative 12-26-96 (Register 96, No. 48).
§ 1 866. Dogs, Cats, and Other Domesticated Animals.
(a) Presence in State Capitol Park. Dogs, cats, and other domesticated
animals are prohibited in State Capitol Park, for other than official or au-
thorized purposes, except when held by the custodians thereof, or on a
leash. Unleashed dogs or cats, and other domesticated animals shall be
subject to impounding in a manner consistent with the applicable munici-
pal, county and state laws and ordinances.
(b) Presence In or Upon State Property. Dogs, cats, and other domesti-
cated animals are prohibited in state buildings and grounds, except:
(1) Specially trained guide dogs, signal dogs, or service dogs used ex-
clusively to assist blind, deaf, or other disabled persons. For purposes of
the chapter, guide dog, signal dog and service dogs means any dog which
meets the criteria as defined under federal regulations adopted to imple-
ment Title III of the Americans with Disabilities Act of 1990.
(2) Animals held or leashed as described in paragraph (a) within the
confines of State Capitol Park or other state grounds.
(3) Animals which are authorized for exhibit or used for official or au-
thorized purposes.
NOTE: Authority cited: Section 14685, Government Code. Reference: Section
14685(c), Government Code.
Page 192.1
Register 2006, No. 2; 1-13-2006
§1867
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
History
1 . New section filed 1 1-26-96; operative 12-26-96 (Register 96, No. 48).
§ 1867. Operation and Use of Bicycles, Roller Skates,
Skateboards, and Other Wheeled
Conveyances.
(a) The riding, operation or use of bicycles, roller skates, skateboards,
or other wheeled conveyances is prohibited in or upon state property (as
defined for this chapter) except as follows:
(1) Wheeled conveyances used by disabled persons.
(2) Any wheeled conveyance used by a state employee in the course
of his or her employment.
(3) Any wheeled conveyance used by a person upon that portion of
State Capitol Park known as the "Thirteenth Street Walk" and described
as that portion of 13th Street between L and N Streets.
(4) Roller skating is permitted, from dusk to dawn, seven (7) days a
week on paths, walks and driveways in that portion of the State Capitol
grounds extending from 13th Street to 15th Street and from L Street to
N Street.
(5) Roller skating is permitted, from 6 p.m. to dusk, Monday through
Friday and from dawn to dusk on Saturdays, Sundays and holidays on the
State Capitol grounds extending from 10th Street to 13th Street and from
L Street to N Street.
(b) Notwithstanding subsection (a), roller skating is not permitted
upon the steps of the State Capitol, or in the interior of the State Capitol
or in the interior of any other state building, or in the driveway extending
from L and N Streets into the State Capitol Garage.
(c) Notwithstanding subsection (a), operation of wheeled convey-
ances shall be prohibited if done in a manner other than is reasonable or
prudent, having due regard for pedestrians, weather, visibility, the traffic
on, and the surface and width of, the area's grounds.
(d) The parking of bicycles in or upon state property is prohibited ex-
cept at designated bicycle parking racks or facilities established by the
agency in control of a given state property.
(e) This section shall not apply to any peace officer acting within the
scope of his or her employment.
(f) This section shall not apply to any location defined as a street or
highway under applicable provisions of the California Vehicle Code.
NOTE: Authority cited: Section 14685, Government Code. Reference: Section
14685(c), Government Code; and Section 21200, Vehicle Code.
History
1. New section filed 11-26-96; operative 12-26-96 (Register 96, No. 48).
§1868. Flower Beds and Lawns.
(a) The walking on or crossing over or through flower beds or other
areas within the park where plants, shrubs, trees or any other growing
things, other than lawns, are located is prohibited.
(b) The picking of or in any way damaging, mutilating or destroying
flowers, plants, shrubs or any other growing things in the park is prohib-
ited.
(c) The walking on or crossing over lawns or terraces within the park
is prohibited where such walking or crossing is likely to cause damage
to said lawns and terraces.
NOTE: Authority cited: Section 14685, Government Code. Reference: Section
14685(c), Government Code.
History
1. New section filed 1 1-26-96; operative 12-26-96 (Register 96, No. 48).
§1869. Games and Sports.
The playing of games which involve running, jumping, tackling,
strenuous activity or physical contact between players, including but not
limited to football, baseball, Frisbee, golf, catch, and soccer, is prohibited
in State Capitol Park.
NOTE: Authority cited: Section 14685, Government Code. Reference: Section
14685(c), Government Code.
History
1. New section filed 11-26-96; operative 12-26-96 (Register 96, No. 48).
Chapter 12. Computer Crime
Article 1. Computer Crime Reporting
§ 1875. Computer Crime Reporting for State Agencies.
This chapter shall apply to all California State Agencies.
(a) Representatives of state agencies are to notify the California High-
way Patrol (CHP) via the Emergency Notification Tactical Alert Center
upon discovery of all computer related crimes, as required by Govern-
ment Code section 14613.7(a).
(b) The Emergency Notification Tactical Alert Center is available by
telephone at (916) 657-8287, 24 hours a day, seven days a week, to re-
ceive reports of computer crimes from state agencies.
NOTE: Authority cited: Section 2402, Vehicle Code. Reference: Sections
14613.7(a) and 14615(b), Government Code.
History
1 . New chapter 12, article 1 (section 1875) and section filed 1-12-2006; operative
2-1 1-2006 (Register 2006, No. 2).
•fc *fc *r
Page 192.2
Register 2006, No. 2; 1-13-2006
:m.
Barclays Official
California
Code of
Regulations
Title 13. Motor Vehicles
Division 3. Air Resources Board
•
•
THOMSON
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WEST
Barclays Official California Code of Regulations
425 Market Street • Fourth Floor • San Francisco, CA 94105
800-888-3600
Title 13
Air Resources Board
Table of Contents
Division 3. Air Resources Board
Table of Contents
Page
Page
Article 1.
§ 1900.
§ 1901.
§ 1902.
§ 1903.
§ 1904.
§ 1905.
Chapter 1. Motor Vehicle Pollution Control
Devices 193
General Provisions 193
Definitions.
Classification.
Test Procedures.
Plans Submitted.
Applicability to Vehicles Powered
by Fuels Other Than Gasoline or
Diesel.
Exclusion and Exemption of
Military Tactical Vehicles and
Equipment.
Article 2. Approval of Motor Vehicle
Pollution Control Devices
(New Vehicles) 194.1
§ 1950. Requirements.
§1952. Exhaust Emission Standards and
Test Procedures — 1972 Heavy-Duty
Gasoline-Powered Vehicles.
§ 1955.1. Exhaust Emission Standards and
Test Procedures — 1975 Through
1 978 Model- Year Passenger Cars.
§ 1955.5. Exhaust Emission Standards and
Test Procedures — 1975 Through
1978 Model-Year Light-Duty
Trucks.
§ 1956. Exhaust Emission Standards and
Test Procedures — 1973 and
Subsequent Heavy-Duty
Gasoline-Powered Vehicles.
§ 1956. 1 . Exhaust Emission Standards and
Test Procedures — 1985 Through
2006 Model-Year Heavy-Duty
Urban Bus Engines and Vehicles.
§ 1956.2. Fleet Rule for Transit Agencies.
§ 1956.3. Zero-Emission Bus Requirements.
§ 1956.4. Reporting Requirements for all
Urban Bus Transit Agencies.
§ 1956.5. Exhaust Emission Standards and
Test Procedures— 1979 Model-Year
Heavy-Duty Engines and Vehicles.
§ 1956.6. Exhaust Emission Standards and
Test Procedures — 1980 Model
Heavy-Duty Engines and Vehicles.
§ 1956.7. Exhaust Emission Standards and
Test Procedures — 1981 Through
1986 Model Heavy-Duty
Gasoline-Powered Engines and
Vehicles and 1981 Through 1984
Model Heavy-Duty
Diesel-Powered Engines and
Vehicles.
§ 1956.8. Exhaust Emissions Standards and
Test Procedures — 1985 and
Subsequent Model Heavy-Duty
Engines and Vehicles.
§ 1956.9. Optional Exhaust Emission
Standards for Retrofitted
Heavy-Duty Engines.
§ 1957. Exhaust Emission Standards and
Test Procedures — 1973 and
Subsequent Model-Year
Heavy-Duty Diesel-Powered
Vehicles.
§ 1958. Exhaust Emission Standards and
Test Procedures — Motorcycles and
Motorcycle Engines Manufactured
on or After January 1, 1978.
§ 1959. Exhaust Emission Standards and
Test Procedures — 1978 Model
Medium-Duty Vehicles.
§ 1959.5. Exhaust Emission Standards and
Test Procedures — 1979 Model
Passenger Cars, Light-Duty Trucks,
and Medium-Duty Vehicles.
§ 1960. Exhaust Emission Standards and
Test Procedures— 1980 Model
Passenger Cars, Light-Duty Trucks
and Medium-Duty Vehicles.
§ 1960.1. Exhaust Emissions Standards and
Test Procedures — 1981 through
2006 Model Passenger Cars,
Light-Duty and Medium-Duty
Vehicles.
§ 1960.1.5. Optional NOx Standards for 1983
and Later Model Passenger Cars,
and Light-Duty Trucks and
Medium-Duty Vehicles Less Than
4000 Lbs. Equivalent Inertia Weight
(EIW) or 3751 Lbs. Loaded Vehicle
Weight (LVW).
§ 1960.2. Special Standards for 1980 and
1981 Model Passenger Cars.
§ 1960.3. Special Standards for 1981 and
1982 Model Light-Duty Trucks and
Medium-Duty Vehicles, 0-3999
Pound Equivalent Inertia Weight.
§ 1960.4. Special Standards for 1982 and
Subsequent Model Passenger Cars,
and 1983 and Subsequent Model
Light-Duty Trucks and
Medium-Duty Vehicles, 0-3999
Pound Equivalent Inertia Weight.
§ 1960.5. Certification of 1983 and
Subsequent Model-Year Federally
Certified Light-Duty Motor
Vehicles for Sale in California.
§ 1960.15. Reference to Section 1960.1.5.
§ 1961. Exhaust Emission Standards and
Test Procedures — 2004 and
Subsequent Model Passenger Cars,
Light-Duty Trucks, and
Medium-Duty Vehicles.
§ 1 96 1 . 1 . Greenhouse Gas Exhaust Emission
Standards and Test Procedures —
2009 and Subsequent Model
Passenger Cars, Light-Duty Trucks,
and Medium-Duty Vehicles.
§ 1962. Zero-Emission Vehicle Standards
for 2005 and Subsequent Model
Passenger Cars, Light-Duty Trucks,
and Medium-Duty Vehicles.
Page i
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Table of Contents
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
Page
Page
§ 1962.1.
§ 1964.
§ 1965.
§ 1965.5.
§ 1966.
§ 1967.
§ 1968.
§ 1968.1.
§ 1968.2.
§ 1968.5.
§ 1969.
1970.
§1971.
§ 1971.1.
§ 1975.
§ 1976.
§ 1977.
§ 1978.
Article 2.5.
§ 1990.
Electric Vehicle Charging
Requirements.
Special Test Procedures for
Certification and Compliance — New
Modifier Certified Motor Vehicles.
Emission Control, Smog Index, and
Environmental Performance
Labels — 1979 and Subsequent
Model-Year Motor Vehicles.
Device Identification — 1978 and
Prior Model Light-Duty Vehicles.
Device Identification — 1978 and
Prior Model Heavy-Duty Gasoline
Engines.
Device Identification — 1978 and
Prior Model Heavy-Duty Diesel
Engines.
Malfunction and Diagnostic System
for 1988 and Subsequent Model
Year Passenger Cars, Light-Duty
Trucks, and Medium-Duty Vehicles
with Three-Way Catalyst Systems
and Feedback Control.
Malfunction and Diagnostic System
Requirements — 1994 and
Subsequent Model-Year Passenger
Cars, Light-Duty Trucks, and
Medium-Duty Vehicles and
Engines.
Malfunction and Diagnostic System
Requirements — 2004 and
Subsequent Model-Year Passenger
Cars, Light-Duty Trucks, and
Medium-Duty Vehicles and
Engines.
Enforcement of Malfunction and
Diagnostic System Requirements for
2004 and Subsequent Model-Year
Passenger Cars, Light-Duty Trucks,
and Medium-Duty Vehicles and
Engines.
Motor Vehicle Service Information
— 1994 and Subsequent Model
Passenger Cars, Light-Duty Trucks,
and Medium-Duty Engines and
Vehicles, and 2007 and Subsequent
Model Heavy-Duty Engines.
Fuel Evaporative Emissions — 1973
Through 1977 Model- Year
Heavy-Duty Gasoline-Powered
Vehicles.
Engine Manufacturer Diagnostic
System Requirements — 2007 and
Subsequent Model-Year
Heavy-Duty Engines.
On-Board Diagnostic System
Requirements — 2010 and
Subsequent Model- Year
Heavy-Duty Engines.
Standards and Test Procedures for
Crankcase Emissions.
Standards and Test Procedures for
Motor Vehicle Fuel Evaporative
Emissions.
Certification and Service
Documents — 1 993 and Subsequent
Model Motor Vehicles.
Standards and Test Procedures for
Vehicle Refueling Emissions.
California Clean Air Act
Annual Certification Fees 236.24
Applicability.
§ 1991.
§ 1992.
§ 1993.
§ 1994.
Article 3.
§2001.
§ 2002.
§ 2003.
§ 2004.
§ 2005.
§ 2006.
§ 2007.
§ 2007.5.
§ 2008.
§ 2009.
§2010.
§2011.
Article 4.
§ 2020.
§2021.
§2021.1.
§2021.2.
§ 2022.
§2022.1.
§ 2023.
§2023.1.
§ 2023.2.
§ 2023.3.
Calculation of Total Revenues to be
Assessed for Each Fiscal Year.
Calculation of Per- Vehicle or
Per-Engine Certification Fees.
Calculation of Fees to be Collected
from Each Manufacturer.
Fee Payment and Collection.
Accreditation of Motor
Vehicle Pollution Control
Devices (Used Motor
Vehicles) 236.25
Requirements
Additional Criteria for Used Vehicle
Devices.
Exhaust Emission Standards and
Test Procedures— Used 1955-1965
Light-Duty Vehicles.
Fuel Evaporative Emissions
Standards and Test Procedures.
Exhaust Emissions and Test
Procedures — Control of Oxides of
Nitrogen Emitted from 1966-1970
Light-Duty Vehicles.
Deferral of Installation of Oxides of
Nitrogen Devices upon Renewal of
Registration for the Year 1973.
1955-1965 Light-Duty Exhaust
Emission Control Device
Installation Schedule.
Termination of the 1955 Through
1965 Model Year Light-Duty Motor
Vehicle Exhaust Emission Control
Device Requirements.
1966-1970 Light Duty NOx
Exhaust Emission Control Device
Installation Requirements.
Auxiliary Gasoline Fuel Tank
Criteria and Test Procedures.
Exhaust Emission Standards and
Test Procedures — Non-Mandatory
Devices for Used 1955 and
Subsequent Model-Year Vehicles.
Software Upgrade for 1993 through
1998 Model Year Heavy-Duty
Trucks.
Diesel Particulate Matter
Control Measures 236.26
Purpose and Definitions of Diesel
Particulate Matter Control
Measures.
Solid Waste Collection Vehicles.
Methods for Determining
Compliance for a Municipality That
Contracts with Owners for Solid
Waste Collection.
Methods for Determining
Compliance for an Owner of Solid
Waste Collection Vehicles.
Diesel Particulate Matter Control
Measure for Municipality or Utility
On-Road Heavy-Duty
Diesel-Fueled Vehicles.
Determining Compliance for a
Municipality or Utility.
Fleet Rule for Transit Agencies.
Fleet Rule for Transit Agencies —
Urban Bus Requirements.
Fleet Rule for Transit Agencies —
Transit Fleet Vehicle Requirements.
Zero-Emission Bus Requirements.
Page ii
(7-11-2008)
Title 13
Air Resources Board
Table of Contents
Page
Page
§ 2023.4.
Article 5.
§ 2030.
§2031.
Article 6.
§ 2035.
§ 2036.
§ 2037.
§ 2038.
§ 2039.
§ 2040.
§2041.
§ 2042.
§ 2045.
§ 2046.
Article 7.
§ 2047.
§ 2048.
Reporting Requirements for Transit
Agencies.
Chapter 2.
Article 1.
§ 2050.
§2051.
Approval of Systems Designed
to Convert Motor Vehicles
to Use Fuels Other Than the
Original Certification Fuel
or to Convert Motor
Vehicles for Emission
Reduction Credit 236.26(t)(l)
Liquefied Petroleum Gas or Natural
Gas Retrofit Systems.
Alcohol or Alcohol/Gasoline Fuels
Retrofit Systems.
Emission Control System
Warranty 236.28
Purpose, Applicability, and
Definitions.
Defects Warranty Requirements for
1979 Through 1989 Model
Passenger Cars, Light-Duty Trucks,
and Medium-Duty Vehicles; 1979
and Subsequent Model Motorcycles
and Heavy-Duty Vehicles; and
Motor Vehicle Engines Used in
Such Vehicles.
Defects Warranty Requirements for
1990 and Subsequent Model
Passenger Cars, Light-Duty Trucks,
Medium-Duty Vehicles, and Motor
Vehicle Engines Used in Such
Vehicles.
Performance Warranty
Requirements for 1990 and
Subsequent Model Passenger Cars,
Light-Duty Trucks, and
Medium-Duty Vehicles, and Motor
Vehicle Engines Used in Such
Vehicles.
Emissions Control System Warranty
Statement.
Vehicle Owner Obligations.
Mediation; Finding of Warrantable
Condition.
Severability.
Catalyst Change Requirements.
Defective Catalyst.
Procedures for Certifying
Used Modifier-Certified
Motor Vehicles and
Licensing Requirements for
Vehicle Emission Test
Laboratories 236.35
Certification Procedures for Used
Modifier-Certified Motor Vehicles.
Licensing Requirements for Vehicle
Emission Test Laboratories.
Enforcement of Vehicle Emission
Standards and Surveillance
Testing 236.35
Assembly-Line Testing 236.35
Assembly-Line or Pre-Delivery
Test Procedures — 1972 Light-Duty
Vehicles.
Assembly-Line or Pre-Delivery
Test Procedures — 1973 Light-Duty
Vehicles.
§ 2052.
Assembly-Line or Pre-Delivery
Test Procedures — 1974 Light-Duty
Vehicles.
§ 2053.
Assembly-Line or Pre-Delivery
Test Procedures — 1975 Model- Year
Gasoline-Powered Passenger Cars
and Light-Duty Trucks.
§ 2054.
Assembly-Line or Pre-Delivery
Test Procedures — 1976 Model- Year
Gasoline-Powered Passenger Cars
and Light-Duty Trucks.
§ 2055.
Assembly-Line or Pre-Delivery
Test Procedure — 1977 Model- Year
Gasoline-Powered Passenger Cars
and Light-Duty Trucks.
§ 2056.
Assembly-Line or Pre-Delivery
Test Procedure — 1978 Model-Year
Passenger Cars, Light-Duty Trucks
and Medium-Duty Vehicles.
§ 2057.
Assembly-Line or Pre-Delivery
Test Procedure — 1 979 Model Year
Passenger Cars, Light-Duty Trucks
and Medium-Duty Vehicles.
§ 2058.
Assembly-Line Test
Procedures — 1980 Model Year.
§ 2059.
Assembly-Line Test
Procedures — 1981 Model Year.
§ 2060.
Assembly-Line Test
Procedures — 1982 Model Year.
§2061.
Assembly-Line Test
Procedures — 1983 and Subsequent
Model- Years.
§ 2062.
Assembly-Line Test
Procedures — 1998 and Subsequent
Model Years.
Article 1.5.
Enforcement of Vehicle
§ 2065.
Article 2.
Emission Standards and
Surveillance Testing for
2005 and Subsequent Model
Year Heavy-Duty Engines and
Vehicles 236.36(a)
Applicability of Chapter 2 to 2005
and Subsequent Model Year
Heavy-Duty Engines and Vehicles.
Enforcement of New and In-
Use Vehicle Standards 236.36(a)
§ 2100.
Purpose.
§2100.5.
Purpose.
§ 2100.6.
Purpose.
§2101.
Compliance Testing and
Inspection — New Vehicle Selection,
Evaluation, and Enforcement
Action.
§2102.
Selection of Vehicles.
§2103.
Evaluation.
§ 2104.
Action 2103.
§2105.
Compliance with Applicable Laws.
§ 2106.
New Vehicle Assembly-Line
Inspection Testing.
§2107.
Assembly-Line Quality-Audit
Testing.
§2108.
Order of Executive Officer.
§2109.
New Vehicle Recall Provisions.
§2110.
Remedial Action for
Assembly-Line Quality Audit
Testing of Less Than a Full
Calendar Quarter of Production
Prior to the 2001 Model Year.
Article 2.1.
Procedures for In-Use
Vehicle Voluntary and
Influenced Recalls 236.39
§2111.
Applicability.
§2112.
Definitions.
Page iii
(7-11-2008)
Table of Contents
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
Page
Appendix A to Article 2.1 237
Page
§2113.
§2114.
§2115.
§2116.
§2117.
§2118.
§2119.
§2120.
§2121.
Article 2.2.
§ 2122,
§2123
§2124
§2125
§2126
§2127
§2128
§2129
§2130
§2131
§2132
§2133
§2134
§2135
Article 2.3.
§2136.
§2137.
§2138.
§2139.
§2140.
Article 2.4.
§2141.
§ 2142.
§2143.
§ 2144.
§ 2145.
§ 2146.
§2147.
§2148.
§2149.
Article 3.
§2150.
§2151.
§2152.
§2153.
Article 4.
§2160.
Initiation and Approval of Voluntary
and Influenced Emission-Related
Recalls.
Voluntary and Influenced Recall
Plans.
Eligibility for Repair.
Repair Label.
Proof of Correction Certificate.
Notification.
Recordkeeping and Reporting
Requirements.
Other Requirements Not Waived.
Penalties.
Procedures for In-Use
Vehicle Ordered Recalls 240.2
General Provisions.
Initiation and Notification of
Ordered Emission-Related Recalls.
Availability of Public Hearing.
Ordered Recall Plan.
Approval and Implementation of
Recall Plan.
Notification of Owners.
Repair Label .
Proof of Correction Certificate.
Capture Rates and Alternative
Measures.
Preliminary Tests.
Communication with Repair
Personnel.
Recordkeeping and Reporting
Requirements.
Penalties.
Extension of Time.
In-Use Vehicle Enforcement
Test Procedures 240.2(d)
General Provisions.
Vehicle and Engine Selection.
Restorative Maintenance.
Testing.
Notification and Use of Test
Results.
Procedures for Reporting
Failures of Emission-
Related Components 240.2(g)
General Provisions.
Alternative Procedures.
Failure Levels Triggering Recall.
Emission Warranty Information
Report.
Field Information Report.
Emissions Information Report.
Demonstration of Compliance with
Emission Standards.
Evaluation of Need for Recall.
Notification and Subsequent Action.
Surveillance Testing 240.2(i)
Assembly-Line Surveillance.
New Motor Vehicle Dealer
Surveillance.
Surveillance of Used Cars at
Dealerships.
Reimbursement of Costs.
Certificates of Compliance .... 240.2(j)
Certificates of Compliance
Exemptions — New and Used Diesel
Vehicles over 6,000 Pounds Gross
Weight Rating.
Article 5.
§2161. Certificates of Compliance
Exemptions — New and Used Diesel
Vehicles, 6,000 Pounds or Less
Gross Weight Rating.
§ 2 1 62. Certificates of Compliance
Exemptions — New and Used
Motorcycles.
§2163. Certificates of Compliance
Exemptions for Used Motorcycles.
§ 2164. Certificates of Compliance
Exemptions for Used
Diesel-Powered Passenger Cars,
Light-Duty Trucks, and
Medium-Duty Vehicles.
§ 2165. Certificates of Compliance
Exemptions for Used Heavy-Duty
Diesel Vehicles.
Procedures for Reporting
Failures of Emission-
Related Equipment and
Required Corrective
Action ?40.?(k)
§2166.
General Provisions.
§2166.1.
Definitions.
§2167.
Emission Warranty Information
Report.
§2168.
Supplemental Emissions Warranty
Information Report.
§2169.
Recall and Corrective Action for
Failures of Exhaust After-Treatment
Devices.
§2170.
Recall and Corrective Action for
Other Emission-Related Component
Failures (On-Board
Diagnostic-Equipped Vehicles and
Engines).
§2171.
Recall and Corrective Action for
Vehicles Without On-Board
Diagnostic Systems, Vehicles with
Non-Compliant On-Board
Diagnostic Systems, or Vehicles
with On-Board Computer
Malfunction.
§2172.
Notification of Required Recall or
Corrective Action by the Executive
Officer.
§2172.1.
Ordered or Voluntary Corrective
Action Plan.
§2172.2.
Approval and Implementation of
Corrective Action Plan.
§2172.3.
Notification of Owners.
§2172.4.
Repair Label.
§2172.5.
Proof of Correction Certificate.
§ 2172.6.
Preliminary Tests.
§2172.7.
Communication with Repair
Personnel.
§2172.8.
Recordkeeping and Reporting
Requirements.
§2172.9.
Extension of Time.
§2173.
Penalties.
§2174.
Availability of Public Hearing.
Chapter 3.
Article 1.
§ 2175.
§2175.5.
§2176.
§2177.
Highway and Mandatory Inspection
Emission Standards 240.2(r)
General Provisions 240.2(r)
Highway Exhaust
Emissions — Light-Duty Vehicles.
Exemption of Vehicles.
Mandatory Inspection Exhaust
Emissions — Light-Duty and
Medium-Duty Vehicles.
Guidelines for Issuance of
Certificate of Compliance.
Page iv
(7-11-2008)
Title 13
Air Resources Board
Table of Contents
Page
Chapter 3.5. Heavy-Duty Diesel Smoke Emission
Testing, and Heavy-Duty Vehicle
Emission Control System
Inspections 240.2(0
Page
Chapter 5. Standards for Motor Vehicle
Fuels
§2180.
§2180.1.
§2181.
§2182.
§2183.
§2184.
§2185.
§2186.
§2187.
§2188.
§2189.
Applicability.
Definitions.
Responsibilities of the Driver and
Inspector During the Inspection
Procedure.
Heavy-Duty Diesel Vehicle Smoke
Opacity Standards and Test
Procedures; Excessive Smoke.
Inspection of the Emission Control
System on a Heavy-Duty Vehicle.
Refusal to Submit to Inspection
Procedure.
Civil Penalty Schedule.
Demonstration of Correction and
Post-Repair Test or Inspection.
Vehicles Removed from Service.
Contesting a Citation.
Severability of Provisions.
Chapter 3.6. Periodic Smoke Inspections of
Heavy-Duty Diesel-Powered
Vehicles 240.3
§ 2190. Vehicles Subject to the Periodic
Smoke Inspection Requirements.
§2191. Definitions.
§ 2192. Vehicle Inspection Responsibilities.
§ 2193. Smoke Opacity Inspection Intervals,
Standards, and Test Procedures.
§ 2194. Record Keeping Requirements.
Chapter 4. Criteria for the Evaluation of
Motor Vehicle Pollution Control
Devices and Fuel Additives 240.5
Article 1 . Fuel Additives and Prototype
Emission Control Devices 240.5
§ 2200.
Applicability.
§ 2201.
General Policy.
§ 2202.
Performance Requirements.
§ 2203.
Submission Requirements.
§ 2204.
Initial Evaluation.
§ 2205.
Laboratory Tests.
§ 2206.
Fee Schedule.
§ 2207.
Observation of Laboratory Tests.
icle 2.
Aftermarket Parts
§ 2220.
Applicability.
§2221.
Replacement Parts.
§ 2222.
Add-On Parts and Modified Parts.
§ 2223.
Specific Criteria.
§ 2224.
Surveillance.
§ 2225.
Enforcement Action.
Lrticle 1.
Standards for Gasoline
Subarticle 1.
Gasoline Standards That
Became Applicable Before
1996
§ 2250.
Degree of Unsaturation for
Gasolines Sold Before April 1,
1996.
§2251.
Reid Vapor Pressure for Gasoline.
§2251.1.
Waiver of Reid Vapor Pressure
Standard for Gasoline Produced in
California.
§2251.2.
Waiver of Reid Vapor Pressure
Standard for Gasoline Imported into
California.
§2251.5.
Reid Vapor Pressure of Gasoline
Sold After January 1, 1992, and
Before March 1, 1996.
§ 2252.
Sulfur Content of Gasoline
Represented as Unleaded Sold
Before April 1,1996.
§ 2253.
Average Lead Content of Gasoline
Manufactured Before July 1, 1983.
§2253.1.
Exclusion of Gasoline Imported into
California from Lead Requirements.
§ 2253.2.
Lead in Gasoline Sold Before
January 1, 1992.
§ 2253.4.
Lead in Gasoline.
§ 2254.
Manganese Additive Content.
§ 2255.
Sulfur Content of Diesel Fuel.
§ 2256.
Aromatic Hydrocarbon Content of
Diesel Fuel.
§ 2257.
Required Additives in Gasoline.
§ 2258.
Oxygen Content of Gasoline in the
Wintertime.
§ 2259.
Exemptions for Motor Vehicle Fuels
Used in Test Programs.
Subarticle 2.
Standards for Gasoline
Sold Beginning March 1,
1996
§ 2260.
Definitions.
§2261.
Applicability of Standards;
242
240.6
Chapter 4.2. Certification of Exhaust
Emission Control Devices for
Controlling Carbon Monoxide
from Portable and from Mobile
Internal Combustion Engines
Used in Enclosed Structures . . .
242
§ 2230.
§2231.
Requirements.
Other Criteria.
Chapter 4.4. Specifications for Fill Pipes
and Openings of Motor Vehicle
Fuel Tanks
§ 2235. Requirements.
242
§ 2262.
§2262.1.
§ 2262.2.
§ 2262.3.
§ 2262.4.
§ 2262.5.
§ 2262.6.
§ 2262.7.
§ 2262.9.
§ 2263.
§ 2263.7.
§ 2264.
242
Additional Standards.
The California Reformulated
Gasoline Phase 2 and Phase 3
Standards.
Standards for Reid Vapor Pressure.
Standards for Sulfur Content.
Compliance With the CaRFG Phase
2 and CaRFG Phase 3 Standards for
Sulfur, Benzene, Aromatic
Hydrocarbons, Olefins, T50 and
T90.
Compliance With the CaRFG Phase
2 and CaRFG Phase 3 Standards for
Reid Vapor Pressure.
Compliance With the Standards for
Oxygen Content.
Prohibition of MTBE and
Oxygenates Other Than Ethanol in
California Gasoline Starting
December 31, 2003.
Standards for Aromatic
Hydrocarbon Content.
Requirements Regarding Denatured
Ethanol Intended For Use as a Blend
Component in California Gasoline.
Sampling Procedures and Test
Methods.
Multiple Notification Requirements.
Designated Alternative Limits.
251
Page v
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BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
§ 2264.2.
§ 2264.4.
§ 2265.
§ 2266.
§ 2266.5.
§ 2267.
§ 2268.
§ 2269.
§ 2270.
§2271.
§ 2272.
§ 2273.
§2273.5.
§ 2275.
§ 2276.
Article 2.
§ 2280.
§2281.
§ 2282.
§ 2283.
§ 2284.
§ 2285.
Article 3.
Page
Election of Applicable Limit for
Gasoline Supplied From a
Production or Import Facility.
Extensions of the 90-Day Offset
Period Under the Averaging or PM
Averaging Compliance Options in
1996 and 1997.
Gasoline Subject to PM Alternative
Specifications Based on the
California Predictive Model.
Certified Gasoline Formulations
Resulting in Equivalent Emission
Reductions Based on Motor Vehicle
Emissions Testing.
Requirements Pertaining to
California Reformulated Gasoline
Blendstock for Oxygen Blending
(CARBOB) and Downstream
Blending.
Exemptions for Gasoline Used in
Test Programs.
Liability of Persons Who Commit
Violations Involving Gasoline That
Has Not Yet Been Sold or Supplied
to a Motor Vehicle.
Submittal of Compliance Plans.
Testing and Recordkeeping.
Variances.
CaRFG Phase 3 Standards for
Qualifying Small Refiners.
Labeling of Equipment Dispensing
Gasoline Containing MTBE.
Documentation Provided with
Delivery of Gasoline to Retail
Outlets.
Requirements.
Other Criteria.
Standards for Diesel Fuel 275
Sulfur Content of Motor Vehicle
Diesel Fuel Sold in the South Coast
Air Basin or Ventura County Before
October 1, 1993.
Sulfur Content of Diesel Fuel.
Aromatic Hydrocarbon Content of
Diesel Fuel.
Exemptions for Diesel Fuel Used in
Test Programs.
Lubricity of Diesel Fuel.
Exemption from Diesel Fuel
Requirements for
Military-Specification Fuels Used
in Qualifying Military Vehicles.
Specifications for
Alternative Motor Vehicle
Article 4.
Sampling and Test
Procedures
Page
276.10
§ 2296.
§ 2297.
§ 2298.
Motor Fuel Sampling Procedures.
Test Method for the Determination
of the Reid Vapor Pressure
Equivalent Using an Automated
Vapor Pressure Test Instrument.
Conversion of Volume Percent
Oxygenate to Weight Percent
Oxygen in Gasoline.
Chapter 5.1.
Standards for Fuels for
Nonvehicular Sources .
276.22
Chapter 8.
Fuels 276.6(d)
§ 2290.
Definitions.
§2291.
Basic Prohibitions.
§ 2292.1.
Fuels Specifications for Ml 00 Fuel
Methanol.
§ 2292.2.
Specifications for M-85 Fuel
Methanol.
§ 2292.3.
Specifications for E-100 Fuel
Ethanol.
§ 2292.4.
Specifications for E-85 Fuel
Ethanol.
§ 2292.5.
Specifications for Compressed
Natural Gas.
§ 2292.6.
Specifications for Liquefied
Petroleum Gas.
§ 2292.7.
Specifications for Hydrogen.
§ 2293.
Equivalent Test Methods.
§ 2293.5.
Exemptions for Alternative Motor
Vehicle Fuel Used in Test Programs.
§ 2299.
§2299.1.
§ 2300.
§2301.
§ 2302.
§ 2303.
§ 2303.5.
§ 2304.
§ 2305.
§ 2306.
§ 2307.
§ 2308.
§ 2309.
§2310.
§2311.
§2311.5.
§2312.
§2313.
§2314.
§2315.
Standards for Nonvehicular Diesel
Fuel Used in Diesel-Electric
Intrastate Locomotives and
Harborcraft.
Emission Limits and Requirements
for Auxiliary Diesel Engines and
Diesel-Electric Engines Operated
on Ocean-Going Vessels Within
California Waters and 24 Nautical
Miles of the California Baseline.
Clean Fuels Program 276.29
Definitions.
Equipping Retail Gasoline Outlets
in the SCAQMD to Dispense
Designated Clean Fuels in 1994
through 1996.
Equipping Retail Gasoline Outlets
or Other Outlets to Dispense
Designated Clean Fuels.
Determination of Total Projected
Maximum Volumes of Designated
Clean Fuels.
Identification of Designated Clean
Fuels Projected to Reach the Trigger
Level in a Particular Year.
Determination of Total and
Additional Number of Retail Clean
Fuel Outlets Required for Each
Designated Clean Fuel in Each
Year.
Allocation Among Major Gasoline
Suppliers of Additional and Total
Number of Retail Clean Fuel Outlets
in the SCAQMD Required for Each
Designated Clean Fuel in Each Year
from 1994 Through 1996.
Identification of Affected
Owner/Lessors Required to Equip
Additional Retail Clean Fuel Outlets
Each Year.
Allocation Among Affected
Owner/Lessors of the Total Number
of Retail Clean Fuel Outlets.
Constructive Allocation of Retail
Clean Fuel Outlets.
Responsibilities of Owner/Lessors
of Selected Retail Clean Fuel
Outlets.
Responsibilities of Operators of
Selected Retail Clean Fuel Outlets.
Relief from Liability Caused by
Breakdowns of CNG Dispensing
Equipment.
Notification by Executive Officer of
Reporting Obligations.
Reports by Owner/Lessors of Retail
Gasoline Outlets.
Reports by Fleet Operators.
Reporting Requirements for Persons
Who Distribute Designated Clean
Fuels for Use in Motor Vehicles.
Determination of Violations
Page vi
(7-11-2008)
Title 13
Air Resources Board
Table of Contents
Page
Page
§ 2316.
Determinations of Energy
§ 2422.
[Reserved].
Equivalency of Fuels.
§ 2423.
Exhaust Emission Standards and
§2317.
Satisfaction of Designated Clean
Test Procedures — Off-Road
Fuel Requirements with a Substitute
Compression-Ignition Engines.
Fuel.
§ 2424.
Emission Control Labels — 1996 and
§2318.
Sunset for Particular Designated
Later Off-Road
Clean Fuels.
Compression-Ignition Engines.
§ 2425.
Defects Warranty Requirements for
Subchapter 8.5.
Emissions Formula for
1996 and Later Off-Road
Employer-Based Trip
Compression-Ignition Engines.
Reductions 284
§2425.1.
Defect Investigation and Reporting
Requirements.
§ 2330.
Applicability.
§ 2426.
Emission Control System Warranty
§2331.
Definitions.
Statement.
§ 2332.
Emissions Formula.
§ 2427.
Production Engine Testing,
Selection, Evaluation, and
Chapter 9. Off-Road Vehicles and Engines
Enforcement Action.
Pollution Control Devices 284
Article 4.5.
Off-Road Large Spark-
Article 1.
Small Off-Road Engines 284
Ignition Engines ?98.?(k)
§ 2400.
Applicability.
§ 2430.
Applicability.
§2401.
Definitions.
§2431.
Definitions.
§ 2402.
Test Procedures.
§ 2432.
Test Procedures.
§ 2403.
Exhaust Emission Standards and
§ 2433.
Emission Standards and Test
Test Procedures — Small Off-Road
Procedures — Off-Road Large
Engines.
Spark-Ignition Engines.
§ 2404.
Emission Control Labels and
§ 2434.
Emission Control Labels — 2001
Consumer Information — 1995 and
and Later Off-Road Large
Later Small Off-Road Engines.
Spark-Ignition Engines.
§ 2405.
Defects Warranty Requirements for
§ 2435.
Defects Warranty Requirements for
1995 and Later Small Off-Road
2001 and Later Off-Road Large
Engines.
Spark-Ignition Engines.
§2405.1.
Emission-Related Defect Reporting
§ 2436.
Emission Control System Warranty
Requirements.
Statement.
§ 2405.2.
Voluntary Emission Recall
§ 2437.
New Engine Compliance and
Program.
Production Line Testing — New
§ 2405.3.
Ordered Recalls.
Off-Road Large Spark-Ignition
§ 2406.
Emission Control System Warranty
Engines Selection, Evaluation, and
Statement.
Enforcement Action.
§ 2407.
New Engine Compliance and
§ 2438.
In-Use Compliance Program.
Production Line Testing — New
§ 2439.
Procedures for In-Use Engine
Small Off-Road Engine Selection,
Recalls for Large Off-Road
Evaluation, and Enforcement
Spark-Ignition Engines with an
Action.
Engine Displacement Greater Than
§ 2408.
Emission Reduction Credits —
Certification Averaging, Banking,
1.0 Liter.
§ 2409.
and Trading Provisions.
Emission Reduction Credits —
Article 4.7.
Spark-Ignition Marine
Production Credit Program for New
Engines 298.17
Engines.
§2440.
Applicability.
Article 3.
Off-Highway Recreational
§2441.
§2442.
Definitions.
Emission Standards.
Vehicles and Engines 290.17
§2443.1.
Emission Control Labels — Model
§ 2410. Applicability.
§2411. Definitions.
§2412. Emission Standards and Test
Procedures — New Off-Highway
Recreational Vehicles and Engines.
§ 2413. Emission Control Labels — New
Off-Highway Recreational
Vehicles.
§ 2414. New Off-Highway Recreational
Vehicle Engine Emission Standards,
Enforcement and Recall Provisions,
Warranty, Quality Audit, and New
Engine Testing.
§ 241 5. California Off-Highway Vehicle
Areas and Riding Seasons for
Off-Highway Recreational Vehicles
with Use Restrictions.
Article 4. Off-Road Compression-
Ignition Engines and
Equipment 290.24
§ 2420. Applicability.
§ 2421. Definitions.
§ 2443.2.
§ 2443.3.
§2444.
§2444.1.
§ 2444.2.
§2445.1.
§ 2445.2.
Year 2001 and Later Spark-Ignition
Marine Engines.
Consumer/Environmental Label
Requirements.
Environmental Label/Consumer
Notification Requirements.
In-Use Compliance Testing and
Recall Regulations — Model Year
2001 and Later Spark-Ignition
Marine Engines.
In-Use Compliance Testing and
Recall Regulations — Model Year
2001 and Later Spark-Ignition
Marine Engines.
On-Board Engine Malfunction
Detection System Requirements -
Model Year 2007 and Later
Spark-Ignition Inboard and
Sterndrive Marine Engines.
Defects Warranty Requirements for
Model Year 2001 and Later
Spark-Ignition Marine Engines.
Emission Control Warranty
Statements.
Page vii
(7-11-2008)
Table of Contents
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
Page
Page
§ 2446. 2001 and Later Model Year
Production-Line Test Procedures
and Selective Enforcement Auditing
Regulations for Spark-Ignition
Marine Engines.
Appendix to Paragraph (e) of Section 2446 — Sampling Plans
for Selective Enforcement Auditing of
Spark-Ignition Marine Engines . . 298.44
§ 2447. California Exhaust Emission
Standards and Test Procedures for
2001 Model Year and Later
Spark-Ignition Marine Engines.
§ 2448. Sunset Review of the California
Regulations for 2001 and Later
Model Year Spark-Ignition Marine
Engines.
Article 4.8. In-Use Off-Road Diesel-
Fueled Fleets 298.45
§ 2449. General Requirements for In-Use
Off-Road Diesel-Fueled Fleets.
§2449.1.
NOx Performance Requirements.
§ 2449.2.
PM Performance Requirements.
§ 2449.3.
Surplus Off-Road Opt-In for NOx
(SOON) Program.
Appendix A
29
Article 5.
Portable Engine and
Equipment Registration 29
§ 2450.
Purpose.
§2451.
Applicability.
§ 2452.
Definitions.
§ 2453.
Application Process.
§ 2454.
Registration Process.
§ 2455.
General Requirements.
§ 2456.
Engine Requirements.
§ 2457.
Requirements for Registered
Equipment Units.
§ 2458.
Recordkeeping and Reporting.
§ 2459.
Notification.
§ 2460.
Inspections and Testing.
§ 2461.
Fees.
§ 2462.
Duration of Registration.
§ 2463.
Suspension or Revocation of
Registration.
§ 2464.
Appeals.
§ 2465.
Penalties.
§ 2466.
Sunset Review.
Article 6.
Portable Fuel Containers and
Spouts
§ 2467.
Applicability.
§2467.1.
Definitions.
§ 2467.2.
Performance Standards and Test
Procedures for Portable Fuel
Containers and Spill-Proof Spouts.
§ 2467.3.
Exemptions.
§ 2467.4.
Innovative Products.
§ 2467.5.
Administrative Requirements.
§ 2467.6.
Variances.
§ 2467.7.
Performance Standard Test
Procedures.
§ 2467.8.
Certification and Compliance Test
Procedures.
§ 2467.9.
Enforcement.
Article 7.
Certification Procedures for
310
Aftermarket Parts for Off-
Road Vehicles, Engines,
Equipment 310.3
§ 2470. Applicability.
§2471. Definitions.
§ 2472. Air Pollution Control and
Modification Devices.
§ 2473. Replacement Parts.
§ 2474. Add-On Parts and Modified Parts.
§ 2475. Surveillance.
§ 2476. Enforcement Action.
Article 8. Off-Road Airborne Toxic
Control Measures 310.7
§ 2477. Airborne Toxic Control Measure for
In-Use Diesel-Fueled Transport
Refrigeration Units (TRU) and TRU
Generator Sets, and Facilities Where
TRUs Operate.
§ 2479. Regulation for Mobile Cargo
Handling Equipment at Ports and
Intermodal Rail Yards.
Chapter 10. Mobile Source Operational
Controls 310.24
Article 1. Motor Vehicles 310.24
§ 2480. Airborne Toxic Control Measure to
Limit School Bus Idling and Idling
at Schools.
§ 2485. Airborne Toxic Control Measure to
Limit Diesel-Fueled Commercial
Motor Vehicle Idling.
Chapter 12. Halogenated Refrigerants 310.27
§ 2500. Phase-Out of CFC Refrigerants in
New Motor Vehicle Air
Conditioning Systems for Model
Years 1993 and Subsequent.
Chapter 13. Voluntary Accelerated Vehicle
Retirement Enterprises 31 1
Article 1. Voluntary Accelerated Light-
Duty Vehicle Retirement
Enterprises 311
§ 2600. Purpose.
§2601. Definitions.
§ 2602. District Responsibility.
§ 2603. Vehicle Eligibility.
§ 2604. VAVR Enterprise Operator
Requirements.
§ 2605. Offering Vehicles to the Public.
§ 2606. Parts Recycling and Resale.
§ 2607. Advertising.
§ 2608. Emission Reduction Credits.
§ 2609. Records and Auditing.
§ 2610. Identification of High Emitting
Vehicles.
§ 261 1 . Procurement of Credits for SIP
Measure Ml.
Appendix A 317
Appendix B 318
Appendix C 319
Appendix D 321
Chapter 14. Verification Procedure, Warranty
and In-Use Compliance
Requirements for In-Use
Strategies to Control Emissions
from Diesel Engines 322
§ 2700. Applicability.
§ 2701. Definitions.
§ 2702. Application Process.
§ 2703. Emission Testing Requirements.
§ 2704. Durability Testing Requirements.
§ 2705. Field Demonstration Requirements.
§ 2706. Other Requirements.
§ 2707. Warranty Requirements.
§ 2708. Determination of Emissions
Reduction.
§ 2709. In-Use Compliance Requirements.
§ 2710. Verification of Emission Reductions
for Alternative Diesel Fuels.
Page viii
(7-11-2008)
Title 13
Air Resources Board
Table of Contents
Page
Page
Chapter 15. Additional Off-Road Vehicles and
Engines Pollution Control
Requirements 339
Article 1. Evaporative Emission
Requirements for Off-Road
Equipment 339
§ 2750. Purpose.
§2751. Applicability.
§ 2752. Definitions.
§ 2753. Certification Requirements and
Procedures.
§ 2754. Evaporative Emission Performance
and Design Standards.
§ 2754.1. Certification Averaging and
Banking.
§ 2754.2. Validation Study.
§ 2755. Permeation Emissions Performance
Standard.
§ 2756. Fuel Cap Performance Standard.
§ 2757. Optional Performance Standards.
§2758. Test Procedures.
§ 2759. Equipment and Component
Labeling.
§ 2760. Defects Warranty Requirements for
Small Off-Road Engines.
§ 2761. Emission-Related Defect Reporting
Requirements.
§ 2762. Voluntary Emission Recall
Program.
§ 2763. Ordered Recalls.
§ 2764. Evaporative Emission Control
Warranty Statement.
§ 2765. New Equipment Compliance
Testing.
§ 2766. Exemptions.
§ 2767. Innovative Products.
§ 2767.1 . Approved Evaporative Emission
Control System Components.
§ 2768. Variances.
§ 2769. Inspection.
§ 2770. Denial, Suspension or Revocation of
Certification.
§ 2771. Appeals.
§ 2772. Penalties.
§ 2773. Severability.
Article 2. Large Spark-Ignition (LSI)
Engine Fleet Requirements 353
§ 2775. Applicability.
§2775.1. Standards.
§ 2775.2. Compliance Requirements for Fleet
Operators.
Article 3. Verification Procedure,
Warranty, and In-Use
Compliance Requirements for
Retrofits to Control
Emissions from Off-Road
Large Spark-Ignition
Engines 357
§ 2780. Applicability and Purpose.
§2781. Definitions.
§ 2782. Application Process.
§ 2783. Emissions Reduction Testing
Requirements.
§ 2784. Durability Demonstration
Requirements.
§ 2785. Field Demonstration Requirements.
§ 2786. Other Requirements.
§ 2787. Warranty Requirements.
§2788. Determination of Emissions
Reduction.
§ 2789. In-Use Compliance Requirements.
Page ix
(7-11-2008)
Title 13
Air Resources Board
§1900
Division 3. Air Resources Board
Chapter 1. Motor Vehicle Pollution Control
Devices
Article 1. General Provisions
§1900. Definitions.
(a) The definitions of this section supplement and are governed by the
definitions set forth in chapter 2 (commencing with section 390J0), part
1, division 26 of the Health and Safety Code. The definitions set forth in
the applicable model-year new vehicle certification and assembly-line
test procedures adopted in this chapter are hereby incorporated by refer-
ence.
(b) In addition to the definitions incorporated under subdivision (a),
the following definitions shall govern the provisions of this chapter;
(1) "Add-on part" means any aftermarket part which is not a modified
part or a replacement part.
(2) "Consolidated part" means a part which is designed to replace a
group of original equipment parts and which is functionally identical of
those original equipment parts in all respects which in any way affect
emissions (including durability).
(3) "Emissions-related part" means any automotive part, which af-
fects any regulated emissions from a motor vehicles which is subject to
California or federal emissions standards. This includes, at a minimum,
those parts specified in the "Emissions-Related Parts List," adopted by
the State Board on November 4, 1977, as last amended May 19, 1981.
(4) "Gaseous fuels" means any liquefied petroleum gas, liquefied nat-
ural gas, or compressed natural gas fuels for use in motor vehicles.
(5) "Heavy-duty engine" means an engine which is used to propel a
heavy-duty vehicle.
(6) "Heavy-duty vehicle" means any motor vehicle having a manufac-
turer's gross vehicle weight rating greater than 6,000 pounds, except pas-
senger cars.
(7) "Identical device" means a crankcase emission control device
identical in all respects, including design, materials, manufacture, instal-
lation and operation, with a device which has been certified by the Air
Resources Board or the Motor Vehicle Pollution Control Board pursuant
to the Health and Safety Code, but which is manufactured by a person
other than original manufacturer of the device.
(8) "Independent low volume manufacturer" means a manufacturer
with California annual sales of less than 10,000 new passenger cars,
light-duty trucks and medium-duty vehicles following aggregation of
sales pursuant to this section 1900(b)(8). Annual sales shall be deter-
mined as the average number or sales sold for the three previous consecu-
tive model years for which a manufacturer seeks certification; however,
for a manufacturer certifying for the first time in California, annual sales
shall be based on projected California sales for the model year. A
manufacturer's California sales shall consist of all vehicles or engines
produced by the manufacturer and delivered for sale in California, except
that vehicles or engines produced by the manufacturer and marketed in
California by another manufacturer under the other manufacturer's
nameplate shall be treated as California sales of the marketing manufac-
turer. The annual sales from different firms shall be aggregated in the fol-
lowing situations: (1) vehicles produced by two or more firms, one of
which is 10% or greater part owned by another; or (2) vehicles produced
by any two or more firms if a third party has equity ownership of 10% or
more in each of the firms; or (3) vehicles produced by two or more firms
having a common corporate officer(s) who is (are) responsible for the
overall direction of the companies; or (4) vehicles imported or distributed
by all firms where the vehicles are manufactured by the same entity and
the importer or distributor is an authorized agent of the entity.
(9) "Intermediate volume manufacturer" means any pre-2001 model
year manufacturer with California sales between 3,001 and 60,000 new
light- and medium-duty vehicles per model year based on the average
number of vehicles sold by the manufacturer each model year from 1 989
to 1993; any 2001 through 2002 model year manufacturer with Califor-
nia sales between 4,501 and 60,000 new light- and medium-duty ve-
hicles per model year based on the average number of vehicles sold by
the manufacturer each model year from 1989 to 1993; and any 2003 and
subsequent model year manufacturer with California sales between
4,501 and 60,000 new light- and medium-duty vehicles based on the av-
erage number of vehicles sold for the three previous consecutive model
years for which a manufacturer seeks certification. For a manufacturer
certifying for the first time in California, model year sales shall be based
on projected California sales. A manufacturer's California sales shall
consist of all vehicles or engines produced by the manufacturer and de-
livered for sale in California, except that vehicles or engines produced by
the manufacturer and marketed in California by another manufacturer
under the other manufacturer's nameplate shall be treated as California
sales of the marketing manufacturer. For purposes of applying the 2005
and subsequent model year zero-emission vehicle requirements for in-
termediate-volume manufacturers under section 1962(b), the annual
sales from different firms shall be aggregated in the case of (1) vehicles
produced by two or more firms, each one of which either has a greater
than 50% equity ownership in another or is more than 50% owned by
another; or (2) vehicles produced by any two or more firms if a third party
has equity ownership of greater than 50% in each firm.
For purposes of applying the 2009 and subsequent model year Green-
house Gas requirements for intermediate volume manufacturers under
section 1961.1, the annual sales from different firms shall be aggregated
in the following situations: (1) vehicles produced by two or more firms,
each one of which either has a greater than 10% equity ownership in
another or is more than 10% owned by another; or (2) vehicles produced
by any two or more firms if a third party has equity ownership of greater
than 10% in each firm.
(10) "Large volume manufacturer" means any 2000 and subsequent
model year manufacturer that is not a small volume manufacturer, or an
independent low volume manufacturer, or an intermediate volume
manufacturer.
(1 1) "Light-duty truck" means any 2000 and subsequent model motor
vehicle certified to the standards in section 1961(a)(1) rated at 8,500
pounds gross vehicle weight or less, and any other motor vehicle, rated
at 6,000 pounds gross vehicle weight or less, which is designed primarily
for purposes of transportation of property or is a derivative of such a ve-
hicle, or is available with special features enabling off-street or off-high-
way operation and use.
(12) "Medium-duty passenger vehicle" means any medium-duty ve-
hicle with a gross vehicle weight rating of less than 10,000 pounds that
is designed primarily for the transportation of persons. The medium-
duty passenger vehicle definition does not include any vehicle which: (1 )
is an "incomplete truck" i.e., is a truck that does not have the primary load
carrying device or container attached; or (2) has a seating capacity of
more than 12 persons; or (3) is designed for more than 9 persons in seat-
ing rearward of the driver's seat; or (4) is equipped with an open cargo
area of 72.0 inches in interior length or more. A covered box not readily
accessible from the passenger compartment will be considered an open
cargo area, for purposes of this definition.
(13) "Medium-duty vehicle" means any pre-1995 model year heavy-
duty vehicle having a manufacturer's gross vehicle weight rating of
8,500 pounds or less; any 1992 through 2006 model-year heavy-duty
low-emission, ultra-low-emission, super-ultra-low-emission or zero-
emission vehicle certified to the standards in section 1960. 1 (h)(2) having
a manufacturer's gross vehicle weight rating of 14,000 pounds or less;
any 1995 through 2003 model year heavy-duty vehicle certified to the
standards in section 1960.1(h)(1) having a manufacturer's gross vehicle
weight rating of 14,000 pounds or less; and any 2000 and subsequent
model heavy-duty low-emission, ultra-low-emission, super-ultra-
Page 193
Register 2005, No. 37; 9-16-2005
§1901
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
low-emission or zero-emission vehicle certified to the standards in Sec-
tion 1961(a)(1) or 1962 having a manufacturer's gross vehicle weight
rating between 8,501 and 14,000 pounds.
(14) "Modified part" means any aftermarket part intended to replace
an original equipment emission-related part and which is not functional-
ly identical to the original equipment part in all respects which in any way
affect emissions, excluding a consolidated part.
(15) "Motorcycle Engine" means an engine which is used to propel a
new, street-use motorcycle.
(16) [Reserved]
(17) "Passenger car" means any motor vehicle designed primarily for
transportation of persons and having a design capacity of twelve persons
or less.
(18) "Reactivity adjustment factor" means a fraction applied to the
NMOG emissions from a vehicle powered by a fuel other than conven-
tional gasoline for the purpose of determining a gasoline-equivalent
NMOG level. The reactivity adjustment factor is defined as the ozone-
forming potential of clean fuel vehicle exhaust divided by the ozone-
forming potential of gasoline vehicle exhaust.
(19) "Recall" means:
(A) The issuing of notices directly to consumers that vehicles in their
possession or control should be corrected, and/or
(B) Efforts to actively locate and correct vehicles in the possession or
control of consumers.
(20) "Replacement part" means any aftermarket part intended to re-
place an original equipment emissions-related part and which is func-
tionally identical to the original equipment part in all respects which in
any way affect emissions (including durability), or a consolidated part.
(21 ) "Subgroup" means a set of vehicles within an engine family dis-
tinguishable by characteristics contained in the manufacturer's applica-
tion for certification.
(22) "Small volume manufacturer" means, with respect to the 2001
and subsequent model-years, a manufacturer with California sales less
than 4,500 new passenger cars, light-duty trucks, medium-duty ve-
hicles, heavy-duty vehicles and heavy-duty engines based on the aver-
age number of vehicles sold for the three previous consecutive model
years for which a manufacturer seeks certification as a small volume
manufacturer; however, for manufacturers certifying for the first time in
California model-year sales shall be based on projected California sales.
A manufacturer's California sales shall consist of all vehicles or engines
produced by the manufacturer and delivered for sale in California, except
that vehicles or engines produced by the manufacturer and marketed in
California by another manufacturer under the other manufacturer's
nameplate shall be treated as California sales of the marketing manufac-
turer. Except as provided in the next paragraph, beginning with the 2009
model year, the annual sales from different firms shall be aggregated in
the following situations: (1) vehicles produced by two or more firms, one
of which is 10% or greater part owned by another; or (2) vehicles pro-
duced by any two or more firms if a third party has equity ownership of
10% or more in each of the firms; or (3) vehicles produced by two or more
firms having a common corporate officer(s) who is (are) responsible for
the overall direction of the companies; or (4) vehicles imported or distrib-
uted by all firms where the vehicles are manufactured by the same entity
and the importer or distributor is an authorized agent of the entity.
For purposes of compliance with the zero-emission vehicle require-
ments, heavy-duty vehicles and engines shall not be counted as part of
a manufacturer's sales. For purposes of applying the 2005 and subse-
quent model year zero-emission vehicle requirements for small-volume
manufacturers under section 1962(b), the annual sales from different
firms shall be aggregated in the case of (1) vehicles produced by two or
more firms, each one of which either has a greater than 50% equity own-
ership in another or is more than 50% owned by another; or (2) vehicles
produced by any two or more firms if a third party has equity ownership
of greater than 50% in each firm.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018, 43101 and 43104,
Health and Safety Code. Reference: Sections 39002, 39003, 39010, 39500, 40000,
43000, 43013, 43018.5, 43100, 43101, 43101. 5, 43102, 43103, 43104, 43106 and
43204, Health and Safety Code; and Section 27156, Vehicle Code.
History
1. Amendment of Note section filed 3-16-77; effective thirtieth day thereafter
(Register 77, No. 12).
2. Amendment tiled 11-28-77; effective thirtieth dav thereafter (Register 77, No.
49).
3. Amendment of subsection (b) filed 7-6-81; effective thirtieth day thereafter
(Register 81, No. 28).
4. Repealer of article 1 (sections 1900-1905, not consecutive) and new article 1
(sections 1900-1904) filed 1-1 4-83; effective thirtieth day thereafter (Register
81, No. 3). for prior history, see Registers 81, No. 28; 77. Nos. 49 and 12; and
73, No. 45).
5. Amendment of subsection (b) filed 4-20-83; effective upon filing pursuant to
Government Code section 1 1346.2(d) (Register 90, No. 55).
6. Amendment of subsection (b) filed 7-17-90; operative 8-16-90 (Register 90,
No. 35).
7. Amendment of subsection (b) filed 8-2-91 ; effective 9-2-91 (Register 91, No.
49).
8. Amendment of subsection (b)(9) and new subsections (b)(15) and (b)(16) filed
8-30-91; operative 9-30-91 (Reeister 92. No. 14).
9. Amendment of subsections (b)(9) and (b)(15) filed 1 1-8-93; operative 12-8-93
(Register 93, No. 46).
10. Repealer of subsection (b)(15) filed 1-3-97; operative 1-3-97 pursuant to
Government Code section 1 1343.4(d) (Register 97, No. 1).
1 1 . Amendment of subsections (b)(8) and (b)(9), new subsections (b)(l 7)-(b)( 1 9)
and amendment of Note filed 10-28-99; operative 1 1-27-99 (Register 99, No.
44).
12. New subsection (b)(ll) and subsection renumbering filed 11-22-99; opera-
tive 12-22-99 (Register 99, No. 48).
13. Amendment of subsections (a)(19)-(a)(20) and new subsections
(a)(21Ha)(21)(D) filed 5-24-2002; operative 6-23-2002 (Register 2002, No.
21).
14. Amendment of subsections (b)(18) and (b)(19) filed 6-24-2002; operative
7-24-2002 (Register 2002, No. 26).
15. Amendment of subsections (b)(18)-(19) and (b)(21) filed 2-25-2004; opera-
tive 3-26-2004 (Register 2004, No. 9).
16. Amendment of section and Note filed 9-15-2005; operative 1-1-2006 (Reg-
ister 2005, No. 37).
§1901. Classification.
Motor vehicles and portable or mobile internal combustion engines for
which emission control devices will be certified or accredited are divided
into the following classifications:
(a) (1) Under 50 cubic inches engine displacement.
(2) 50 through 100 cubic inches engine displacement.
(3) Over 100 through 140 cubic inches engine displacement.
(b) Over 140 through 200 cubic inches engine displacement.
(c) Over 200 through 250 cubic inches engine displacement.
(d) Over 250 through 300 cubic inches engine displacement.
(e) Over 300 through 375 cubic inches engine displacement.
(f) Over 375 cubic inches engine displacement.
(g) Motor vehicles which because of unusual engine design cannot be
classified, for purposes of emissions control, by engine displacement.
This classification supersedes any other classification system set forth
in any previously adopted test procedure.
NOTE: Authority cited: Sections 39600, 39601 and 43000, Health and Safety
Code. Reference: Sections 43100, 43101 and 43600, Health and Safety Code.
§1902. Test Procedures.
Test procedures referred to in this chapter may be obtained from the
State Air Resources Board at 9528 Telstar Avenue, El Monte, California
91731.
NOTE: Authority cited: Sections 39600, 39601 and 43000, Health and Safety
Code. Reference: Sections 43011, 43101, 43104 and 43600, Health and Safety
Code.
§1903. Plans Submitted.
Any person seeking approval, accreditation, or certification by the
State Board for any device to control emissions from motor vehicles shall
submit plans thereof to the State Board. Such plans shall be accompanied
by reliable test data indicating compliance with the appropriate emission
standards and test procedures adopted by the State Board, and with crite-
ria established by the State Board as set forth in this chapter.
Plans may be submitted to the Air Resources Board at 9528 Telstar
Avenue, El Monte, California 91731.
Page 194
Register 2005, No. 37; 9-16-2005
Title 13
Air Resources Board
§1952
NOTE: Authority cited: Sections 39600, 39601 and 43000, Health and Safety
Code. Reference: Sections 39002, 39003, 39500, 43000 and 43011, Health and
Safety Code; and Section 27156, Vehicle Code.
§ 1904. Applicability to Vehicles Powered by Fuels Other
Than Gasoline or Diesel.
Pursuant to section 43006 of the Health and Safety Code, provisions
of this Code which refer to "gasoline-powered" vehicles or motor ve-
hicles, except section 1970, shall apply to motor vehicles which have
been modified to use a fuel other than gasoline or diesel unless otherwise
specified.
NOTE: Authority cited: Sections 39600, 39601 and 43006, Health and Safety
Code. Reference: Sections 43004, 43005 and 43600, Health and Safety Code.
History
1 . Amendment of section filed 8-30-9 1 ; operative 9-30-9 1 (Register 92, No. 1 4).
§ 1905. Exclusion and Exemption of Military Tactical
Vehicles and Equipment.
(a) For purposes of this chapter, military tactical vehicle means a mo-
tor vehicle owned by the U.S. Department of Defense and/or the U.S.
military services and used in combat, combat support, combat service
support, tactical or relief operations, or training for such operations.
(b) This chapter shall not apply to vehicles defined as military tactical
vehicles or to engines used in military tactical vehicles. This includes all
vehicles and engines:
( 1 ) Excluded from regulation under 40 CFR Part 85, subpart R, section
85.1703, and
(2) Exempted from regulations under the federal national security ex-
emption, 40 CFR, subpart R, sections 85.1702(a)(2), 85.1704(b),
85. 1708, and 85.1710. It shall also not apply to those motor vehicles or
motor vehicle engines covered by the definition of military tactical ve-
hicle, including commercially available vehicles, for which a federal cer-
tificate of conformity has been issued under 40 CFR Part 86.
(c) On January 1, 1997, the U.S. Department of Defense shall submit
to the ARE a list of all vehicle types that are excluded and or exempted
under the above provisions and which are located in the State of Califor-
nia. If any additional vehicle types are added to the list during the pre-
vious 1 2 months, the U.S. Department of Defense shall update the list and
submit it to the ARB by January 1 of the following year.
NOTE. Authority cited: Sections 39600 and 39601, Health and Safety Code. Ref-
erence: Sections 43013 and 43018, Health and Safety Code.
History
1 . New section filed 7-3-96; operative 7-3-96 pursuant to Government Code sec-
tion 11343.4(d) (Register 96, No. 27).
Article 2. Approval of Motor Vehicle
Pollution Control Devices (New Vehicles)
§1950. Requirements.
No motor vehicle pollution control device for new motor vehicles shall
be approved unless such device meets the standards set forth in this ar-
ticle, and all other applicable criteria set forth in Chapter 2 of Part 5 of
Division 26 of the Health and Safety Code, commencing with section
43100, and in this subchapter.
NOTE: Section 209 of the federal Clean Air Act (42 U.S.C. 7543) pro-
vides:
(a) No state or any political subdivision thereof shall adopt or attempt
to enforce any standard relating to the control of emissions from new mo-
tor vehicles or new motor vehicle engines subject to this part. No State
shall require certification, inspection, or any other approval relating to
the control of emissions from any new motor vehicle or new motor ve-
hicle engine as condition precedent to the initial retail sale, titling (if any),
or registration of such motor vehicle, motor vehicle engine, or equip-
ment.
(b)(1) The Administrator shall, after notice and opportunity for public
hearing, waive application of this section to any State which has adopted
standards (other than crankcase emission standards) for the control of
emissions from new motor vehicles or new motor vehicle engines prior
to March 30, 1966, if the State determines that the State standards will
be, in the aggregate, at least as protective of public health and welfare as
applicable Federal standards. No such waiver shall be granted if the Ad-
ministrator finds that
(A) the determination of the State is arbitrary and capricious,
(B) such State does not need such State standards to meet compelling
and extraordinary conditions, or
(C) such State standards and accompanying enforcement procedures
are not consistent with section 202(a) of this part.
(2) If each State standard is at least as stringent as the comparable
applicable Federal standard, such State standard shall be deemed to be
at least as protective of health and welfare as such Federal standards for
purposes of paragraph (1).
(3) In the case of any new motor vehicle or new motor vehicle engine
to which State standards apply pursuant to a waiver granted under para-
graph (1), compliance with such State standards shall be treated as com-
pliance with applicable Federal standards for purposes of this title.
(c) Whenever a regulation with respect to any motor vehicle part or
motor vehicle engine part is in effect under section 207(a)(2), no State or
political subdivision thereof shall adopt or attempt to enforce any stan-
dard or any requirement of certification, inspection, or approval which
relates to motor vehicle emissions and is applicable to the same aspect of
such part. The preceding sentence shall not apply in the case of a State
with respect to which a waiver is in effect under subsection (b).
(d) Nothing in this part shall preclude or deny to any State or political
subdivision thereof the right otherwise to control, regulate, or restrict the
use, operation, or movement of registered or licensed motor vehicles."
Information regarding waivers of federal preemption for the new mo-
tor vehicle and new motor vehicle engine emission standards and accom-
panying enforcement procedures included in this article may be obtained
from the Air Resources Board at 9528 Telstar Avenue, El Monte, Califor-
nia 91731.
NOTE: Authority cited: Sections 39600, 39601 and 43100, Health and Safety
Code. Reference: Sections 39002, 39003, 43000 and 43011, Health and Safety
Code.
History
1. Amendment filed 3-16-77; effective thirtieth day thereafter (Register 77, No.
12).
2. Repealer of Article 2 (sections 1950-1976, not consecutive) and new Article 2
(sections 1950-1976, not consecutive) filed 1-14-83; effective thirtieth day
thereafter (Register 83, No. 3). For prior history, see Registers 74, Nos. 39 and
51; 75, Nos. 10, 12, 18, 21 and 33; 76. Nos. 16, 29, 43 and 52; 77, Nos. 12, 15,
25, 32, 43 and 51 ; 78, Nos. 14, 24 and 36: 79, Nos. 6, 19, 22, 45 and 50; 80, Nos.
10, 21, 23, 26, 41 and 50; 81 Nos. 4, 5. 21, 22, 28, 35, 48 and 51; and 82, Nos.
8, 1 1 and 39.
3. Change without regulatory effect adding text NOTE filed 5-22-90 pursuant to
section 100, Title 1, California Code of Regulations (Register 90, No. 28).
§ 1952. Exhaust Emission Standards and Test
Procedures — 1972 Heavy-Duty
Gasoline-Powered Vehicles.
The exhaust emissions from a new 1972 model-year gasoline-
powered truck, truck tractor or bus, 6,001 pounds and over, manufactur-
er's maximum gross vehicle weight rating, subject to registration and
sold and registered in this state, shall not exceed:
(a) 180 parts per million hydrocarbons.
(b) 1 .0 percent carbon monoxide.
The test procedures for determining compliance with these standards
are set forth in "California Exhaust Emission Standards and Test Proce-
dures for 1970 and Subsequent Model-Year Gasoline-Powered Motor
Vehicles over 6,001 Pounds Gross Vehicle Weight," dated November
20, 1968.
This regulation shall remain in effect until December 31, 1982, and as
of that date is repealed unless a later regulation deletes or extends that
date. Notwithstanding the repeal or expiration of this regulation on De-
cember 31, 1982, the provisions of the regulation as they existed prior to
such repeal or expiration shall continue to be operative and effective for
those events occurring prior to the repeal or expiration.
NOTE: Authority cited: Sections 39600 and 39601 , Health and Safety Code. Ref-
erence: Sections 39002, 39003, 43000, 43 1 00, 43 1 01 and 43 1 04, Health and Safe-
ty Code.
Page 194.1
Register 2005, No. 37; 9-16-2005
§ 1955.1 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 13
§ 1955.1. Exhaust Emission Standards and Test (b) The test procedures for determining compliance with these stan-
Procedures — 1975 Through 1978 Model-Year dards are set forth in "California Exhaust Emission Standards and Test
Passenger Cars. Procedures for 1975 through 1978 Model Passenger Cars, Light-Duty
(a) The exhaust emissions from new 1975 through 1978 model-year Trucks, and Medium-Duty Vehicles," adopted by the State Board, Feb-
gasoline-fueled passenger cars having an engine displacement of 50 cu- ruary 19, 1975, as last amended June 8, 1977.
bic inches or greater, subject to registration and sold and registered in this
state, shall not exceed:
Exhaust Emission Standards
(grams per mile)
Carbon Oxides of
Model Year
Hydrocarbons
Monoxide
Nitrogen
1975
0.9*
9.0
2.0
1976
0.9*
9.0
2.0
1977
0.41
9.0
1.5
1978
0.41
9.0
1.5
*Hydrocarbon emissions from limited-production passenger cars shall not ex-
ceed 1.5 grams per mile.
[The next page is 195.]
•
Page 194.2 Register 2005, No. 37; 9-16-2005
Title 13
Air Resources Board
§ 1956.1
(c) This regulation shall remain in effect until December 31, 1983, and
as of that date is repealed unless a later regulation deletes or extends that
date. Notwithstanding the repeal or expiration of this regulation on De-
cember 31 , 1983, the provisions of the regulation as they existed prior to
such repeal or expiration shall continue to be operative and effective for
those events occurring prior to the repeal or expiration.
NOTE: Authority cited: Sections 39600 and 39601, Health and Safety Code. Ref-
erence: Sections 39002, 39003, 43000, 43 100 and 43 104, Health and Safety Code.
Approval Procedures for 1975 and Subsequent Model-Year Engines in
Gasoline-Powered Motor Vehicles Over 6,000 Pounds Gross Vehicle
Weight," dated February 19. 1975.
(c) Exhaust emissions from new 1977 gasoline-powered engines for
use in heavy-duty motor vehicles shall not exceed:
(1) Hydrocarbons plus oxides of nitrogen — 5 grams per horsepower
hour,
(2) Carbon monoxide — 25 grams per brake horsepower hour;
§ 1955.5. Exhaust Emission Standards and Test
Procedures— 1975 Through 1978 Model- Year
Light-Duty Trucks.
(a) The exhaust emissions from new 1975 through 1978 model-year
light-duty trucks having an engine displacement of 50 cubic inches or
greater, subject to registration and sold and registered in this state, shall
not exceed:
Exhaust Emission Standards
(grams per mile)
Carbon Oxides of
Model Year Hydrocarbons Monoxide Nitrogen
1975 2.0 20 2.0
1976 0.9 17 2.0
1977 0.9 17 2.0
1978 0.9 17 2.0
(b) The standards shown in subdivision (a) for the 1975 model year
shall apply to 1975 and J 976 model limited-production light-duty
trucks.
(c) The test procedures for determining compliance with these stan-
dards are set forth in "California Exhaust Emission Standards and Test
Procedures for 1975 Through 1978 Model Passenger Cars, Light-Duty
Trucks, and Medium-Duty Vehicles," adopted by the State Board, Feb-
ruary 19, 1975, as last amended June 30, 1976.
(d) This regulation shall remain in effect until December 31,1 983, and
as of that date is repealed unless a later regulation deletes or extends that
date. Notwithstanding the repeal or expiration of this regulation on De-
cember 31, 1983, the provisions of the regulation as they existed prior to
such repeal or expiration shall continue to be operative and effective for
those events occurring prior to the repeal or expiration.
NOTE: Authority cited: Sections 39600 and 39601 , Health and Safety Code. Ref-
erence: Sections 39002, 39003, 43000, 43 1 00, 43 1 01 and 43 104, Health and Safe-
ty Code.
§ 1956. Exhaust Emission Standards and Test
Procedures — 1973 and Subsequent
Heavy-Duty Gasoline-Powered Vehicles.
(a) Exhaust emissions from new 1 973 and 1974 model-year gasoline-
powered engines for use in heavy-duty motor vehicles (6,001 pounds
and over, manufacturer's maximum gross vehicle weight) shall not ex-
ceed:
(1 ) Hydrocarbon plus oxides of nitrogen — 16 grams per brake horse-
power hour;
(2) Carbon monoxide — 40 grams per brake horsepower hour;
The test procedures for determining compliance with these standards
are set forth in "California Exhaust Emissions Standards, Test and Ap-
proval Procedures for 1973 and Subsequent Model-Year Engines in
Gasoline-Powered Motor Vehicles Over 6,001 Pounds Gross Vehicle
Weight," dated February 17, 1971, amended January 19, 1972.
In accordance with this section, as originally enacted, new 1973
model-year heavy-duty vehicles must contain 1973 model-year en-
gines. In subsequent years, model-year engine controls, not model-year
vehicle.
(b) Exhaust emissions from new 1975 and 1976 model-year gasoline-
powered engines for use in heavy-duty motor vehicles (over 6,000
pounds, manufacturer's maximum gross weight) shall not exceed:
(1) Hydrocarbons plus oxides of nitrogen — 10 grams per brake horse-
power hour,
(2) Carbon monoxide — 30 grams per brake horsepower hour.
The test procedures for determining compliance with these standards
are those set forth in "California Exhaust Emission Standards, Test and
(1) Hydrocarbons — 1.0 grams per brake horsepower hour;
(2) Carbon Monoxide — 25 grams per brake horsepower hour;
(3) Oxides of Nitrogen — 7.5 grams per brake horsepower hour.
These two sets of standards shall be alternatives. A manufacturer shall
have the option for each engine family of showing compliance with either
set.
The test procedures for determining compliance with these standards
are those set forth in "California Exhaust Emission Standards and Test
Procedures for 1975 and Subsequent Model-Year Gasoline-Fueled
Heavy-Duty Engines and Vehicles," dated February 19, 1975 as last
amended March 31, 1976.
(d) Exhaust emissions from new 1978 model-year gasoline-fueled
heavy-duty engines and vehicles, except medium-duty vehicles, shall
not exceed:
(1) Hydrocarbon plus oxides of nitrogen — 5 grams per brake horse-
power hour;
(2) Carbon monoxide — 25 grams per brake horsepower hour; or
(1) Hydrocarbons — 1.0 gram per brake horsepower hour;
(2) Carbon monoxide — 25 grams per brake horsepower hour;
(3) Oxides of Nitrogen — 7.5 grams per brake horsepower hour.
These two sets of standards shall be alternatives. A manufacturer shall
have the option for each engine family of showing compliance with either
set.
The test procedures for determining compliance with these standards
are those set forth in "California Exhaust Emission Standards and Test
Procedures for 1975 to 1978 Model-Year Gasoline-Fueled Heavy-Duty
Engines and Vehicles," dated February 19, 1975, as last amended Octo-
ber 5, 1976.
A manufacturer may elect to certify heavy-duty vehicles less than
10,000 pounds maximum gross vehicle weight rating as medium-duty
vehicles under Section 1959 of this chapter, in which event heavy-duty
emission standards and test procedures shall not apply.
(e) This regulation shall remain in effect until December 31, 1988, and
as of that date is repealed unless a later regulation deletes or extends that
date. Notwithstanding the repeal or expiration of this regulation on De-
cember 31, 1988, the provisions of the regulation as they existed prior to
such repeal or expiration shall continue to be operative and effective for
those events occurring prior to the repeal or expiration.
NOTE: Authority cited: Sections 39600 and 39601, Health and Safety Code. Ref-
erence: Sections 39002, 39003, 43000, 43013, 43100, 43101 and 43104, Health
and Safety Code.
§ 1956.1. Exhaust Emission Standards and Test
Procedures — 1985 Through 2006 Model-Year
Heavy-Duty Urban Bus Engines and Vehicles.
(a) The exhaust emissions from new 1985 and subsequent model
heavy-duty diesel cycle urban bus engines and vehicles fueled by metha-
nol, natural gas, liquefied petroleum gas, and petroleum shall not exceed
the following, by model year:
(1) 1985-1986 — 1.3 grams per brake horsepower-hour (g/bhp-hr)
total hydrocarbons (or Organic Material Hydrocarbon Equivalent
[OMHCE] for methanol-fueled buses), 15.5 g/bhp-hr carbon monoxide
(CO), and 5.1 g/bhp-hr oxides of nitrogen (NOx).
(2) 1987- (a manufacturer may certify to the 1988 emission standards
one year early as an option) — 1.3 g/bhp-hr total hydrocarbons (or
OMHCE for methanol-fueled buses), 15.5 g/bhp-hr CO, and 5.1 g/bhp-
hr NOx.
(3) 1988-1990 — 1.3 g/bhp-hr HC (or OMHCE for methanol-fueled
buses), 15.5 g/bhp-hr CO, 6.0 g/bhp-hr NOx, 0.60 g/bhp-hr particulate
Page 195
Register 2007, No. 37; 9-14-2007
§ 1956.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
matter (PM), and for 1990 only, 1 .2 g/bhp-hr optional non-methane hy-
drocarbons (NMHC).
(4) 1991-1993 — 1.3 g/bhp-hr HC (or OMHCE for methanol-fueled
buses), 1.2 g/bhp-hr optional NMHC, 15.5 g/bhp-hr CO, 5.0 g/bhp-hr
NOx, and 0.10 g/bhp-hr PM. Emissions from methanol-fueled, natural-
gas-fueled and liquefied-petroleum-gas-fueled urban bus engines may
be included in the averaging program for petroleum-fueled engines other
than urban bus engines.
(5) 1 994-1 995 — 1.3 g/bhp-hr HC (or OMHCE for methanol-fueled
buses). 1.2 g/bhp-hr optional NMHC, 15.5 g/bhp-hr CO, 5.0 g/bhp-hr
NOx (or optional 3.5 g/bhp-hr to 0.5 g/bhp-hr NOx), and 0.07 g/bhp-hr
PM. Emissions from methanol-fueled, natural-gas-fueled and lique-
fied-petroleum-gas-fueled urban bus engines, may be included in the
averaging program for petroleum-fueled engines other than urban bus
engines.
(6) 1 996-2003 — 1 .3 g/bhp-hr HC or OMHCE, 1 .2 g/bhp-hr optional
NMHC, 15.5 g/bhp-hr CO, 4.0 g/bhp-hr NOx, and 0.05 g/bhp-hr PM
(0.07 PM g/bhp-hr in-use), except as provided in paragraph (7) below.
(A) For 1 996 and 1997 only, a manufacturer may apply to the Execu-
tive Officer for an exemption from the 4.0 g/bhp-hr NOx standard, not
to exceed 10% of the average of the manufacturer's total urban bus sales
in California for the three preceding model years, upon providing techni-
cal justification and sales data for each exemption applied for.
(B) 1998 through 2003 model year engines may generate averaging,
banking, and trading credits in accordance with the requirements for av-
eraging, banking and trading programs set forth in "California Exhaust
Emission Standards and Test Procedures for 1 985 and Subsequent Model
Heavy Duty Diesel Engines and Vehicles" incorporated by reference in
subdivision (c) of this section.
(C) Manufacturers may choose to certify 1998 through 2002 model
year bus engines produced before October 1, 2002, to an optional NOx
emissions standard between 0.5 g/bhp-hr and 2.5 g/bhp-hr. A manufac-
turer may certify to any standard between the values of 2.5 g/bhp-hr and
0.5 g/bhp-hr, by 0.5 g/bhp-hr increments. Manufacturers may not use
engines certified to this optional NOx standard for any averaging, bank-
ing, or trading program set forth in "California Exhaust Emission Stan-
dards and Test Procedures for 1 985 and Subsequent Model Heavy Duty
Diesel Engines and Vehicles" incorporated by reference in subdivision
(c) of this section.
(7) October 1 , 2002, PM standard — For diesel-fueled, dual-fuel, and
bi-fuel bus engines except for heavy-duty pilot ignition engines, the PM
standard shall be 0.01 g/bhp-hr (0.01 PM g/bhp-hr in-use) for 2002 and
subsequent model year engines produced beginning October 1, 2002.
Manufacturers may choose to meet this standard with an aftertreatment
system that reduces PM to 0.01 g/bhp-hr.
(8) October 2002-2006 optional standards — Except for diesel-
fueled, dual-fuel, and bi-fuel engines but including heavy-duty pilot
ignition engines, manufacturers may choose to certify 2002-2006 model
year bus engines produced beginning October 1 , 2002, to an optional 1 .8
g/bhp-hr to 0.3 g/bhp-hr NOx plus NMHC standard, measured as the
arithmetic sum of the NOx and NMHC exhaust component certification
values, without restriction on individual component certification values;
provided that engines certified to this optional reduced-emission NOx
plus NMHC standard may not participate in any averaging, banking, or
trading program set forth in the test procedures document incorporated
by reference in subdivision (c) of this section. A manufacturer may certi-
fy to any standard between the values of 1.8 g/bhp-hr to 0.3 g/bhp-hr,
by 0.3 g/bhp-hr NOx + NMHC increments. Manufacturers certifying to
this optional standard must also certify to a PM standard of 0.03, 0.02,
or 0.01 g/bhp-hr.
(9) October 2002-2003 optional standards for diesel-fueled, dual-
fuel, and bi-fuel engines except for heavy-duty pilot ignition engines —
Manufacturers may choose to certify 2002-2003 model year diesel-
fueled, dual-fuel, and bi-fuel bus engines produced beginning October
1, 2002, to an optional 1.8 g/bhp-hr to 0.3 g/bhr^hr NOx plus NMHC
standard, measured as the arithmetic sum of the NOx and NMHC exhaust
component certification values, without restriction on individual compo-
nent certification values; provided that engines certified to this optional
reduced-emission NOx plus NMHC standard may not participate in any
averaging, banking, or trading program set forth in the test procedures
document incorporated by reference in subdivision (c) of this section. A
manufacturer may certify to any standard between the values of 1.8
g/bhp-hr to 0.3 g/bhp-hr, by 0.3 g/bhp-hr NOx + NMHC increments.
Manufacturers certifying to this optional standard must also certify to a
PM standard of 0.01 g/bhp-hr.
(10) 2004-2006 — Except as provided in paragraph (11), below, the
required standard shall be 2.4 g/bhp-hr NOx + NMHC measured as the
arithmetic sum of exhaust component certification values for these pol-
lutants, without restriction on individual component values, 15.5 g/bhp-
hr CO. and 0.05 g/bhp-hr PM (0.07 g/bhp-hr PM in-use).
(A) Manufacturers may choose to certify to a 2.5 g/bhp-hr optional
combined NOx + NMHC standard, provided that the NMHC exhaust
component certification value shall not exceed 0.5 g/bhp-hr.
(B) Emissions averaging may be used to meet the combined NOx +
NMHC standard, the optional combined NOx + NMHC standard set
forth in paragraph (A), and the PM standard.
(C) The combined NOx + NMHC standard and the optional combined
NOx + NMHC standard described in paragraph (A) may serve as the cer-
tification standard for the higher emitting fueling mode of an engine cer-
tified under the dual fueling mode certification process set forth in sec-
tion 1956.8(a)(4), Title 13, CCR.
(11) 2004-2006 — For diesel-fueled, or dual-fuel, and bi-fuel urban
bus engines except for heavy-duty pilot ignition engines, the standards
are 0.5 g/bhp-hr NOx, 0.01 g/bhp-hr PM, 0.05 g/bhr^hr NMHC, 5.0
g/bhp-hr CO, and 0.01 g/bhp-hr formaldehyde. As an option, manufac-
turers may choose to meet the NOx and PM standards with a base engine
that is certified to the standards in paragraph (10) above, equipped with
an aftertreatment system that reduces NOx to 0.5 g/bhp-hr and PM to
0.01 g/bhp-hr standards. The NMHC, CO, and formaldehyde standards
in this paragraph (11) shall still apply. Manufacturers shall be responsible
for full certification, durability, testing, and warranty and other require-
ments for the base engine. For the aftertreatment system, manufacturers
shall not be subject to the certification durability requirements, or in-use
recall and enforcement provisions, but are subject to warranty provisions
for functionality.
(A) Engine manufacturers may sell diesel-fueled, dual-fuel, or bi-
fuel engines to any transit fleet exempted by the Executive Officer under
paragraphs (b)(8) and (c)(7) of section 2023.1, Title 13, CCR, from the
requirements of paragraphs (b)(5) and (c)(4) of section 2023.1, certified
to the standards in either paragraphs (9) or (10) above, provided that en-
gines certified to the standards in paragraph (10) must be certified to a
0.01 g/bhp-hr PM standard.
(B) Manufacturers may sell diesel-fueled hybrid-electric buses that
are certified to a 1.8 g/bhp-hr NOx, 0.01 g/bhp-hr PM, 0.5 g/bhp-hr
NMHC, and 15.5 g/bhp-hr CO standard to any transit agency that has re-
ceived written authorization from the Executive Officer pursuant to para-
graph (c)(9) of section 2023.1, title 13, CCR. The formaldehyde standard
set forth in paragraph (11), above, shall not apply to the HEBs sold pur-
suant to this subparagraph.
(b) 2003-2006 bi-fuel heavy-duty pilot ignition engines — A bi-fuel
engine meeting the definition of a heavy-duty pilot ignition engine set
forth in section 2020 may be certified to the standards in section
1956.1(a)(8) and (a)(10), provided that the engine is certified to an op-
tional PM standard of 0.03, 0.02, or 0.01 g/bhp-hr.
(c) Test Procedures. The test procedures for determining compliance
with standards applicable to 1985 through 2006 model-year heavy-duty
diesel cycle urban bus engines and vehicles and the requirements for par-
ticipation in the averaging, banking and trading programs, are set forth
in the "California Exhaust Emission Standards and Test Procedures for
1985 through 2003 Model Heavy-Duty Diesel Engines and Vehicles,"
adopted April 8, 1985, as last amended December 12, 2002, the "Califor-
nia Exhaust Emission Standards and Test Procedures for 2004 and Sub-
sequent Model Heavy-Duty Diesel Engines and Vehicles," adopted De-
cember 12, 2002, as last amended July 26, 2007, and the "California
Interim Certification Procedures for 2004 and Subsequent Model Hy-
Page 196
Register 2007, No. 37; 9-14-2007
Title 13
Air Resources Board
§ 1956.6
brid-Electric Vehicles, in the Urban Bus and Heavy-Duty Vehicle
Classes," adopted October 24, 2002, which are incorporated by reference
herein.
NOTE: Authority cited: Sections 39600, 39601, 43013. 43018, 43100, 43101,
43 104 and 43806, Health and Safety Code; and Section 281 14, Vehicle Code. Ref-
erence: Sections 39002, 39003, 39017, 39033, 39500, 39650, 39657, 39667,
39701, 40000, 43000, 43000.5, 43009, 43013, 43018, 43102 and 43806, Health
and Safety Code; and Section 281 14, Vehicle Code.
History
1. New section filed 1-23-2001: operative 1-23-2001 pursuant to Government
Code section 11343.4(c) (Register 2001, No. 4).
2. Amendment of subsection (a)(ll) filed 6-4-2001; operative 6^1-2001 pur-
suant to Government Code section 11343.4 (Register 2001, No. 23).
3. Amendment filed 10-16-2003; operative 1 1-15-2003 (Register 2003, No. 42).
4. Amendment of subsection (c) filed 1 1-4-2003; operative 12-4-2003 (Register
2003, No. 45).
5. Redesignation and amendment of second paragraph of subsection (a)(ll) as
new subsection (a)(l 1)(A) and new subsection (a)(l 1)(B) filed 1-31-2005; op-
erative 1-31-2005 pursuant to Government Code section 11343.4 (Register
2005, No. 5).
6. Amendment of subsections (a)(l 1)(A)-(B) and (b) filed 1-31-2006; operative
1-31-2006 pursuant to Government Code section 1 1343.4 (Register 2006, No.
5).
7. Editorial correction restoring inadvertently deleted subsection (a)(8) (Register
2006, No. 35).
8. Amendment of section heading and subsection (a)(10), repealer of subsection
(a)(l2) and amendment of subsections (b)-(c) filed 9-7-2006; operative
10-7-2006 (Register 2006, No. 36).
9. Amendment of section heading and subsection (c) filed 9-11-2007; operative
10-1 1-2007 (Register 2007, No. 37).
§ 1956.2. Fleet Rule for Transit Agencies.
NOTE: Authority cited: Sections 39600, 39601, 39667, 43013, 43018 and
43701(b), Health and Safety Code. Reference: Sections 39002, 39003, 39017,
39500, 39650. 39667, 40000, 43000, 43000.5, 43013, 43018, 43701(b), 43801
and 43806, Health and Safety Code; and Sections 233 and 281 14, Vehicle Code.
History
1. New section filed 1-23-2001; operative 1-23-2001 pursuant to Government
Code section 1 1343.4(c) (Register 2001, No. 4).
2. Amendment of subsection (c)(5) and new subsections (c)(8)-(c)(8)(C) filed
6-4-2001 ; operative 6-4-2001 pursuant to Government Code section 1 1343.4
(Register 2001, No. 23).
3. Amendment of section and Note filed 10-16-2003; operative 11-15-2003
(Register 2003, No. 42).
4. New subsection (b)(5), subsection renumbering, amendment of subsection
(d)(3) and new subsections (d)(9)-(d)(9)(C) filed 1-31-2005; operative
1-3 1 -2005 pursuant to Government Code section 1 1 343.4 (Register 2005, No.
5).
5. Renumbering of portions of former section 1956.2 to sections 2023 and 2023.1
filed 1-31-2006; operative 1-31-2006 pursuant to Government Code section
1 1343.4 (Register 2006, No. 5).
§ 1956.3. Zero-Emission Bus Requirements.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018. 43100, 43101,
43104 and 43806, Health and Safety Code. Reference: Sections 39002, 39003,
39017, 39018, 39500, 39701, 40000, 43000, 43000.5, 43009, 43013, 43018,
43102, 43801 and 43806, Health and Safety Code; and Section 28114, Vehicle
Code.
History
1. New section filed 1-23-2001; operative 1-23-2001 pursuant to Government
Code section 1 1343.4(c) (Register 2001, No. 4).
2. Amendment of subsections (b)(2)(B)-(D) and (b)(3)(C) filed 1-31-2005; op-
erative 1-31-2005 pursuant to Government Code section 11343.4 (Register
2005, No. 5).
3. Renumbering of former section 1956.3 to section 2023.3 filed 1-31-2006; op-
erative 1-31-2006 pursuant to Government Code section 11343.4 (Register
2006, No. 5).
§ 1956.4. Reporting Requirements for all Urban Bus
Transit Agencies.
NOTE: Authority cited: Sections 39600, 39601, 39659, 39667, 39701, 43018 and
41511, Health and Safety Code. Reference: Sections 39667, 39700, 39701, 41510,
41511, 43000, 43000.5, 43013, 4301 8, 43801 and 43806, Health and Safety Code.
History
1. New section filed 1-23-2001; operative 1-23-2001 pursuant to Government
Code section 1 1343.4(c) (Register 2001, No. 4).
2. Amendment of subsection (g) filed 6-4-2001 ; operative 6-4-2001 pursuant to
Government Code section 11343.4 (Register 2001, No. 23).
3. Amendment of section and Note filed 10-16-2003; operative 11-15-2003
(Register 2003, No. 42).
4. New subsections (e)(3)-(e)(3)(D), subsection renumbering, amendment of
newly designated subsections (e)(4) and (e)(4)(B) and new subsections
(h)-(h)(3) filed 1-31-2005; operative 1-31-2005 pursuant to Government
Code section 11343.4 (Register 2005, No. 5).
5. Renumbering of former section 1956.4 to section 2023.4 filed 1-31-2006; op-
erative 1-31-2006 pursuant to Government Code section 11343.4 (Register
2006, No. 5).
§ 1956.5. Exhaust Emission Standards and Test
Procedures — 1979 Model-Year Heavy-Duty
Engines and Vehicles.
(a) The exhaust emissions from new 1 979 model-year heavy-duty en-
gines, except engines used in medium-duty vehicles, shall not exceed:
Exhaust Emission Standards *
(grams per brake horsepower hour)
Hydrocarbons
Carbon Oxides of Plus Oxides of
Note Hydrocarbons Monoxide Nitrogen Nitrogen
1 1.0 25 7.5 —
2 1.5 25 7.5 —
3 — 25 — 5
*The three sets of standards shall be alternatives. A manufacturer shall have the
option of showing compliance with any one of the three sets.
NOTES:
1. Measured by procedures specified in Subpart H (gasoline-powered engines) or
Subpart J (diesel-powered engines) of Part 86, Title 40, Code of Federal Regu-
lations, as they existed on September 8, 1977.
2. Measured by procedures specified in Subpart D (gasoline and diesel-powered
engines) of Part 86, Title 40, Code of Federal Regulations, as they existed on
September8, 1977.
3. Measured by the procedures specified in Subpart D, Subpart H, or Subpart J, as
applicable, of Part 86, Title 40, Code of Federal Regulations, as they existed on
September8, 1977.
(b) The test procedures for determining compliance with these stan-
dards are set forth in "California Exhaust Emission Standards and Test
Procedures for 1 979 and Subsequent Model-Year Heavy-Duty Engines
and Vehicles," adopted October 5, 1976, as last amended March 1, 1978.
(c) A manufacturer may elect to certify heavy-duty vehicles of less
than 10,000 pounds maximum gross vehicle weight rating as medium-
duty vehicles under Section 1959.5 of this chapter, in which event
heavy-duty emission standards and test procedures shall not apply.
(d) This regulation shall remain in effect until December 31 , 1989, and
as of that date is repealed unless a later regulation deletes or extends that
date. Notwithstanding the repeal or expiration of this regulation on De-
cember 31, 1989, the provisions of the regulation as they existed prior to
such repeal or expiration shall continue to be operative and effective for
those events occurring prior to the repeal or expiration.
NOTE: Authority cited: Sections 39600 and 39601, Health and Safety Code. Ref-
erence: Sections 39002, 39003, 43000, 43013, 43100, 43101, and 43104, Health
and Safety Code.
§ 1956.6. Exhaust Emission Standards and Test
Procedures — 1980 Model Heavy-Duty Engines
and Vehicles.
(a) The exhaust emissions from new 1980 model heavy-duty engines
and vehicles, except engines used in medium-duty vehicles, shall not ex-
ceed:
Exhaust Emission Standards
(grams per brake horsepower hour)
Hydrocarbons
Carbon plus Oxides of
Model Year Hydrocarbons Monoxide Nitrogen
1980 1.0 25 6.0
OR* — 25 5
*The two sets of standards are alternatives. A manufacturer has the option for
each engine family of showing compliance with either set. Separate deteriora-
tion factors shall be established, where applicable, for HC, CO, NOx, and/or the
combined emissions of HC and NOx.
(b) The test procedures for determining compliance with these stan-
dards are set forth in the "California Exhaust Emission Standards and
Test Procedures for 1980 Model Heavy-Duty Engines and Vehicles,"
adopted May 24, 1978.
(c) A manufacturer may elect to certify heavy-duty vehicles of less
than 10,000 pounds maximum gross vehicle weight rating as medium-
duty vehicles under Section 1960.0 of this chapter, in which event
heavy-duty emission standards and test procedures shall not apply.
Page 197
Register 2007, No. 49; 12-7-2007
§ 1956.7
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(d) This regulation shall remain in effect until December 31, 1990, and
as of that date is repealed unless a later regulation deletes or extends that
date. Notwithstanding the repeal or expiration of this regulation on De-
cember 31 , 1980, the provisions of the regulation as they existed prior to
such repeal or expiration shall continue to be operative and effective for
those events occurring prior to the repeal or expiration.
NOTE: Authority cited: Sections 39600 and 39601 , Health and Safety Code. Ref-
erence: Sections 39002, 39003. 43000, 43013, 43100, 43101 and 43104, Health
and Safety Code.
§ 1956.7. Exhaust Emission Standards and Test
Procedures— 1981 Through 1986 Model
Heavy-Duty Gasoline-Powered Engines and
Vehicles and 1981 Through 1984 Model
Heavy-Duty Diesel-Powered Engines and
Vehicles.
(a) The exhaust emissions from new 1 981 through 1 986 model heavy-
duty gasoline-powered engines and new 1981 through 1984 model
heavy-duty diesel-powered engines, except engines used in medium-
duty vehicles, shall not exceed:
Primary Exhaust Emission Standards
(grams per brake horsepower hour)
Gasoline
Hydrocarbons
or Diesel
Carbon
Plus Oxides of
Model Year
Powered
Hydrocarbons
Monoxide
Nitrogen
1981-1983
Both
1.0
25
6.0
OR*
Both
—
25
5
1984
Both
0.5
25
4.5
1985-1986
Gasoline
Only
0.5
25
4.5
*The two sets of standards for each model year are alternatives. A manufacturer
has the option for each engine family of showing compliance with either set.
Separate deterioration factors shall be established, where applicable, for HC,
CO, NOx, and/or the combined emissions of HC and NOx.
The following optional exhaust emission standards are applicable to
engines tested pursuant to the optional federal test procedures and regula-
tions for 1984 model heavy-duty engines. These standards replace the
federal standards in Code of Federal Regulations Sections 86.084-10
and 86.084—11 for hydrocarbons, carbon monoxide and oxides of nitro-
gen, only.**
Optional Exhaust Emission Standards
(grams per brake horsepower hour)
Carbon Oxides of
Model Year Hydrocarbons Monoxide Nitrogen
1984 1.3 15.5 5.1
**The federal 13-mode optional standards for 1984 model-year diesel-
powered engines do not apply. In addition, the engine crankcase emission con-
trol requirement in Subparagraph 86.084-1 1(b)(2)(c) shall not apply for the
1984 model year.
(b) The test procedures for determining compliance with 1981 stan-
dards are set forth in the "California Exhaust Emission Standards and
Test Procedures for 1981 Model Heavy-Duty Engines and Vehicles,"
adopted April 23, 1980.
(c) The test procedures for determining compliance with standards
applicable to 1982 through 1986 models are set forth in the "California
Exhaust Emission Standards and Test Procedures for 1982 through 1986
Model Heavy-Duty Gasoline-Powered Engines and Vehicles and 1982
through 1984 Model Heavy-Duty Diesel-Powered Engines and Ve-
hicles," adopted October 5, 1976, as last amended April 25, 1986.
(d) A manufacturer may elect to certify heavy-duty vehicles of less
than 10,000 pounds maximum gross vehicle weight rating as medium-
duty vehicles under Section 1960.1 of this chapter, in which event
heavy-duty emission standards and test procedures shall not apply.
(e)(1) For 1982 through 1984, the executive officer may authorize use
of engines certified to meet federal emission standards, or which are
demonstrated to meet appropriate federal emission standards, in up to a
total of 100 heavy-duty vehicles in any one calendar year when the ex-
ecutive officer has determined that no engine certified to meet California
emission standards exists which is suitable for use in the vehicles. For
1985 and future years, the use of engines which are not heavy-duty en-
gines certified for sale in California may be authorized pursuant to Sec-
tion 1956.8.
(2) In order to qualify for an exemption, the vehicle manufacturer shall
submit, in writing, to the executive officer the justification for such ex-
emption. The exemption request shall show that, due to circumstances
beyond the control of the vehicle manufacturer, California certified en-
gines are unavailable for use in the vehicle. The request shall further
show that redesign or discontinuation of the vehicle will result in extreme
cost penalties and disruption of business. In evaluating a request for an
exemption, the executive officer shall consider all relevant factors, in-
cluding the number of individual vehicles covered by the request and the
anti-competitive effect, if any, of granting the request. If a request is de-
nied, the executive officer shall state in writing the reasons for the denial.
(3) In the event the executive officer determines that an applicant may
meet the criteria for an exemption under this subsection, but that granting
the exemption will, together with previous exemptions granted, result in
over 100 vehicles being permitted under this subsection to use non-
California engines in heavy-duty vehicles in any one calendar year
through 1984, the exemption may be granted only by the state board, un-
der the criteria set forth herein.
NOTE: Authority cited: Sections 39600 and 39601, Health and Safety Code. Ref-
erence: Sections 39002, 39003, 43000, 43013, 43100, 43101 and 43104, Health
and Safety Code.
History
1. Amendment filed 1 1-23-83; effective thirtieth day thereafter (Register 83, No.
48).
2. Amendment filed 5-15-85; effective thirtieth day thereafter (Register 85, No.
20).
3. Editorial correction of printing error of subsection (a) (Register 85, No. 43).
4. Amendment of subsections (a) and (c) filed 9-15-86; effective thirtieth day
thereafter (Register 86, No. 38).
§ 1956.8. Exhaust Emissions Standards and Test
Procedures — 1985 and Subsequent Model
Heavy-Duty Engines and Vehicles.
(a)(1) The exhaust emissions (i) from new 1985 through 2003 model
heavy-duty diesel engines (except methanol-fueled engines), and
heavy-duty natural-gas-fueled and liquefied-petroleum-gas-fueled
engines derived from diesel-cycle engines, and (ii) from all new 1993
through 2003 model heavy-duty methanol-fueled, diesel engines, ex-
cept in all cases engines used in medium-duty vehicles, shall not exceed:
Exhaust Emission Standards
For 1985-2003 Model Heavy-Duty Engines Other than Urban Bus Engines
(grams per brake horsepower-hour [g/bhp-hr])
Total
O
ptional
Hydrocarbons
Non-
-methane
Carbon
Model Year
or OMHCEA
Hydrocarbons^
Monoxide
1985-1986
1.3
15.5
1987B
1.3
15.5
1988-1989
1.3
15.5
1990
1.3
1.2
15.5
I991-1993c
1.3
1.2
15.5
1994-1997
1.3
1.2
15.5
1995-1 997E
1.3
1.2
15.5
1998-2003F
1.3
1.2
15.5
1998-2003E
1.3
1.2
15.5
Oxides of
Nitrogen
Particulates
5.1
—
5.1
—
6.0
0.60
6.0
0.60
5.0
0.25D
5.0
0.1 0D
3.5 to 0.5
0.10
4.0G,H
0.1 0G
2.5 to 0.51
0.10
A The total or optional non-methane hydrocarbon standards apply to petroleum-fueled, natural-gas-fueled and liquefied-petroleum-gas-fueled engines. The Organic
Material Hydrocarbon Equivalent, or OMHCE, standards apply to methanol-fueled engines.
Page 198
Register 2007, No. 49; 12-7-2007
Title 13 Air Resources Board § 1956.8
B As an option a manufacturer may elect to certify to the 1988 model-year emission standards one year early, for the 1987 model year.
c For methanol-fueled engines, these standards shall be applicable beginning with the 1993 model year.
D Emissions averaging may be used to meet this standard. Averaging is restricted to within each useful life subclass and is applicable only through the 1995 model year.
Emissions from engines used in urban buses shall not be included in the averaging program.
E These are optional standards. A manufacturer may elect to certify to an optional NOx standard between the values, inclusive, by 0.5 grams per brake horsepower-hour
increments. Engines certified to any of these optional NOx standards are not eligible for participation in any averaging, banking or trading programs described in
"California Exhaust Emission Standards and Test Procedures for 1985 and Subsequent Model Heavy-Duty Diesel Engines and Vehicles" incorporated by reference
in (b), below.
F These are mandatory standards.
G Engines of 1 998 through 2003 model years may be eligible to generate banking credits based on these standards according to the requirements of the averaging, banking
and trading programs described in '"California Exhaust Emission Standards and Test Procedures for 1985 and Subsequent Model Heavy-Duty Diesel Engines and
Vehicles" incorporated by reference in (b), below.
H May be used as the certification standard for the higher emitting fueling mode of an engine certified under the dual fueling mode certification process of (a)(3)(4),
below.
1 May be used as the certification standard for the lower emitting fueling mode of an engine certified under the dual fueling mode certification process of (a)(3)(4), below.
(2)(A) The exhaust emissions from new 2004 and subsequent model duced-emission standards for 2002 and subsequent mode] engines pro-
heavy-duty diesel engines, heavy-duty natural gas-fueled and lique- duced beginning October 1 , 2002, except in all cases engines used in me-
fied-petroleum-gas-fueled engines derived from diesel-cycle engines, dium-duty vehicles, shall not exceed:
and heavy-duty methanol-fueled diesel engines, and the optional, re-
Exhaust Emission Standards for 2004 and Subsequent Model Heavy-Duty
Engines, and Optional, Reduced Emission Standards for 2002 and Subsequent
Model Heavy-Duty Engines Produced Beginning October 1 , 2002,
Other than Urban Bus Model-Year Engines Produced From October 1, 2002 Through 2006L
(grams per brake horsepower-hour [g/bhp-hr])
Optional
Oxides of Oxides of
Nitrogen Plus Nitrogen Plus
Non-methane Non-methane Oxides of Non-methane Carbon
Model Year Hydrocarbons Hydrocarbons Nitrogen Hydrocarbons Monoxide Particulates
2004-2006" 2.4A>C'E>J 2.5B>C'E'J n/a n/a 15.5 0.1 0C
October 1,2002-2006 n/a 1 .8 to 0.3A-D-F n/a n/a 15.5 0.03to0.01G
2007 and subsequent1^ n/a n/a 0.201 0.14 15.5 0.01K
A This is the standard for the arithmetic sum of the oxides of nitrogen exhaust component certification value and the non-methane hydrocarbon exhaust component
certification value, without individual restriction on the individual component values.
B This is the standard for the arithmetic sum of the oxides of nitrogen exhaust component certification value and the non-methane hydrocarbon exhaust component
certification value, with the non-methane hydrocarbon individual component value not to exceed 0.5 g/bhp-hr.
c For 2004 through 2006 model years, emissions averaging may be used to meet this standard. Averaging must be based on the requirements of the averaging, banking
and trading programs described in "California Exhaust Emission Standards and Test Procedures for 1985 and Subsequent Model Heavy-Duty Diesel Engines and
Vehicles" incorporated by reference in section 1956.8(b), below.
D A manufacturer may elect to certify to an optional reduced-emission NOx+NMHC standard between the values, inclusive, by 0.3 grams per brake horsepower-hour
increments. Engines certified to any of these optional reduced-emission NOx standards are not eligible for participation in any averaging, banking or trading programs
described in "California Exhaust Emission Standards and Test Procedures for 1985 and Subsequent Model Heavy-Duty Diesel Engines and Vehicles" incorporated
by reference in section 1956.8(b), below.
E May be used as the certification standard for the hieher emitting fueling mode of an enaine certified under the dual fueling mode certification process of section
1956.8(a)(4), below.
F May be used as the certification standard for the lower emitting fueling mode of an engine certified under the dual fueling mode certification process of section
1956.8(a)(4), below.
G A manufacturer may elect to certify to an optional reduced-emission PM standard between the specified values, inclusive, by 0.01 grams per brake horsepower-hour
increments. Engines certified to any of these optional reduced-emission PM standards are not eligible for participation in any averaging, banking or trading programs
described in "California Exhaust Emission Standards and Test Procedures for 1985 and Subsequent Model Heavy-Duty Diesel Engines and Vehicles" incorporated
by reference in section 1956.8(b), below.
H Engine manufacturers subject to the Heavy-Duty Diesel Engine Settlement Agreements (Settlement Agreements)1 must produce engines in compliance with the re-
quirements contained in their respective Settlement Agreement. Most engine manufacturers subject to the Settlement Agreements are required to manufacture engines
meeting the exhaust emission standards for 2004 and subsequent model years engines beginning October 1, 2002.
1 A manufacturer may elect to include any or all of its heavy-duty diesel engine families in any or all of the NOx emissions averaging, banking, or trading programs
for heavy-duty diesel engines, within the restrictions described in "California Exhaust Emission Standards and Test Procedures for 1985 and Subsequent Model
Heavy-Duty Diesel Engines and Vehicles" incorporated in section 1956.8 (b), below. If the manufacturer elects to include engine families in any of these programs,
the NOx family emission limit (PEL) may not exceed the following FEL caps: 2.00 grams per brake horsepower-hour (0.75 grams per megajoule) for model years
before 2010; 0.50 grams per brake horsepower-hour (0.19 grams per megajoule) for model years 2010 and later. The FEL cap applies whether credits for the engine
family are derived from averaging, banking, or trading programs.
J For 2007 through 2009 model years, a manufacturer may use these emission standards in accordance with section 1 956.8 (a)(2)(B). A manufacturer may elect to include
any or all of its heavy-duty diesel engine families in any or all of the NOx plus NMHC emissions averaging, banking, or trading programs for heavy-duty diesel
engines, within the restrictions described in "California Exhaust Emission Standards and Test Procedures for 1985 and Subsequent Model Heavy-Duty Diesel En-
gines and Vehicles" incorporated in section 1956.8 (b), below. If the manufacturer elects to include engine families in any of these programs, the NOx family emission
limit (FEL) may not exceed the following FEL caps: 2.00 grams per brake horsepower-hour (0.75 grams per megajoule) for model years. The FEL cap applies whether
credits for the engine family are derived from averaging, banking, or trading programs.
K A manufacturer may elect to include any or all of its heavy-duty diesel engine families in any or all of the particulate averaging, banking, or trading programs for
heavy-duty diesel engines, within the restrictions described in "California Exhaust Emission Standards and Test Procedures for 1985 and Subsequent Model Heavy-
Duty Diesel Engines and Vehicles" incorporated by reference in section 1956.8 (b), below. The particulate FEL foreachengine family a manufacturerelects to include
in any of these programs may not exceed an FEL cap of 0.02 grams per brake horsepower-hour (0.0075 grams per megajoule). The FEL cap applies whether credits
for the engine family are derived from averaging, banking, or trading programs.
L For 2007 and subsequent model-year urban bus engines, this section applies. For urban bus model-year engines produced from October 1, 2002 through 2006, refer
to section 1956.1.
M For model years between 2007 and 2009, transit agencies purchasing urban buses and/or urban bus engines shall meet the requirements set forth in section 2023.1.
1 Seven of the largest heavy-duty diesel engine manufacturers will be implementing measures to reduce emissions beginning October 1, 2002, to meet the requirements
of the Heavy-Duty Diesel Engine Settlement Agreements reached with the ARB. The Heavy-Duty Diesel Engine Settlements were agreements reached in response
Page 199 Register 2007, No. 49; 12 - 7 - 2007
§ 1956.8
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
to lawsuits brought by the United States Environmental Protection Agency and violations alleged by the ARB pertaining to excess in-use emissions caused by the use
of defeat devices and unacceptable algorithms. Navistar signed its Settlement Agreement on October 22, 1 998. Cummins, "Detroit Diesel Corporation, Caterpillar, Volvo.
Mack and Renault signed their Settlement Agreements on December 15, 1998.
(B) Phase-in Options.
1. Early NOx compliant engines. For model years 2007, 2008, and
2009, a manufacturer may, at their option, certify one or more of their en-
gine families to the combined NOx plus NMHC standard orFEL applica-
ble to model year 2006 engines under section 1956.8 (a)(2)(A), in lieu of
the separate NOx and NMHC standards or FELs applicable to the 2007
and subsequent model years, specified in section 1956.8 (a)(2)(A). Each
engine certified under this phase-in option must comply with all other
emission requirements applicable to model year 2007 engines. To quali-
fy for this option, a manufacturer must satisfy the U.S.-directed produc-
tion requirement of certifying no more than 50 percent of engines to the
NOx plus NMHC standards or FELs applicable to 2006 engines, as speci-
fied in 40 Code of Federal Regulations, part 86, section 86.007- 1 1 (g)( 1 ),
as adopted January 18, 2001. In addition, a manufacturer may reduce the
quantity of engines that are required to be phased-in using the early certi-
fication credit program specified in 40 Code of Federal Regulations, part
86, section 86.007-1 1(g)(2), as adopted January 18, 2001, and the "Blue
Sky" engine program specified in 40 Code of Federal Regulations, part
86, section 86.007-1 1(g)(4), as adopted January 18, 2001.
2. Early PM compliant engines. A manufacturer certifying engines to
the 2007 and subsequent model year PM standard listed in section
1956.8(a)(2)(A) (without using credits, as determined in any averaging,
banking, or trading program described in "California Exhaust Emission
Standards and Test Procedures for 1985 and Subsequent Model Heavy-
Duty Diesel Engines and Vehicles," to comply with the standards) before
model year 2007 may reduce the number of engines that are required to
meet the 2007 and subsequent model year PM standard listed in section
1956.8(a)(2)(A) in model year 2007, 2008 and/or 2009. To qualify for
this option, a manufacturer must satisfy the PM emission requirements
pursuant to the methods detailed in 40 Code of Federal Regulations, part
86, section 86.007-11 (g)(2)(ii), as adopted January 18, 2001.
(3) Formaldehyde exhaust emissions from new 1993 and subsequent
model methanol-fueled diesel engines, shall not exceed:
Model Year Formaldehyde
(g/bhp-hr)
1993-1995 0.10
1996 and subsequent 0.05
(4) An engine family whose design allows engine operation in either
of two distinct alternative fueling modes, where each fueling mode is
characterized by use of one fuel or a combination of two fuels and by sig-
nificantly different emission levels under each mode, may certify to a dif-
ferent NOx or NOx plus NMHC (as applicable depending on model year)
standard for each fueling mode, provided it meets the following require-
ments:
(A) The NOx or NOx plus NMHC certification standard used for oper-
ation under the higher emitting fueling mode must be one of the standards
denoted by footnote H in paragraph (a)(1) and footnote E in paragraph
(a)(2).
(B) The NOx or NOx plus NMHC certification standard used for oper-
ation under the lower emitting fueling mode must be one of the reduced-
emission standards denoted by footnote I in paragraph (a)(1) and foot-
note F in paragraph (a)(2).
(C) The engine family is not used to participate in any manufacturer's
averaging, banking or trading program.
(D) The engine family meets all other emission requirements con-
tained in this section.
(E) The higher emitting fueling mode must be intended only for fail-
safe vehicle operation when a malfunction or inadvertent fuel depletion
precludes operation in the lower emitting fueling mode, as evidenced by
a significantly reduced horsepower versus engine speed curve when op-
erating in the higher emitting fueling mode when compared to the similar
curve for the lower emitting fueling mode.
(5) No crankcase emissions shall be discharged directly into the ambi-
ent atmosphere from any new 2007 or later model year diesel heavy-duty
diesel engine, with the following exception: heavy-duty diesel engines
equipped with turbochargers, pumps, blowers, or superchargers for air
induction may discharge crankcase emissions to the ambient atmosphere
if the emissions are added to the exhaust emissions (either physically or
mathematically) during all emission testing. Manufacturers using this
exception must manufacture the engines so that all crankcase emissions
can be routed into a dilution tunnel (or other sampling system approved
in advance by the Executive Officer), and must account for deterioration
in crankcase emissions when determining exhaust deterioration factors.
For the purpose of section 1956.8(a)(2), crankcase emissions that are
routed to the exhaust upstream of exhaust aftertreatment during all opera-
tion are not considered to be "discharged directly into the ambient atmo-
sphere."
(6) Heavy-Duty Diesel Engine Idling Requirements.
(A) Engine Shutdown System. The requirements in this subsection ap-
ply to engine manufacturers and original equipment manufacturers, as
applicable, that are responsible for the design and control of engine and/
or vehicle idle controls.
1. Requirements. Except as provided in subsections (a)(6)(B) and
(a)(6)(C), all new 2008 and subsequent model-year heavy-duty diesel
engines shall be equipped with an engine shutdown system that automati-
cally shuts down the engine after 300 seconds of continuous idling opera-
tion once the vehicle is stopped, the transmission is set to "neutral" or
"park", and the parking brake is engaged. If the parking brake is not en-
gaged, then the engine shutdown system shall shut down the engine after
900 seconds of continuous idling operation once the vehicle is stopped
and the transmission is set to "neutral" or "park." The engine shutdown
system must be tamper-resistant and non-programmable. A warning
signal, such as a light or sound indicator inside the vehicle cabin, may be
used to alert the driver 30 seconds prior to engine shutdown. The engine
shutdown system must be capable of allowing the driver to reset the en-
gine shutdown system timer by momentarily changing the position of the
accelerator, brake, or clutch pedal, or other mechanism within 30 seconds
prior to engine shutdown. Once reset, the engine shutdown system shall
restart the engine shutdown sequence described in this paragraph above,
and shall continue to do so until the engine shuts down or the vehicle is
driven.
2. Engine Shutdown System Override. The engine shutdown system
may be overridden, to allow the engine to run continuously at idle, only
under the following conditions:
a. If the engine is operating in power take-off (PTO) mode. The PTO
system shall have a switch or a setting that can be switched "on" to over-
ride the engine shutdown system and will reset to the "off position when
the vehicle's engine is turned off or when the PTO equipment is turned
off. Subject to advance Executive Officer approval, other methods for
detecting or activating PTO operation may be allowed; or,
b. if the vehicle's engine coolant temperature is below 60°F. The en-
gine shutdown system shall automatically be activated once the coolant
temperature reaches 60°F or above. The engine coolant temperature shall
be measured with the engine's existing engine coolant temperature sen-
sor used for engine protection, if so equipped. Other methods of measur-
ing engine coolant temperature may be allowed, subject to advance
Executive Officer approval.
c. if an exhaust emission control device is regenerating, and keeping
the engine running is necessary to prevent aftertreatment or engine dam-
age, the engine shutdown system may be overridden for the duration nec-
essary to complete the regeneration process up to a maximum of 30 min-
utes. Determination of what constitutes the need for regeneration will be
based on data provided by the manufacturer at time of certification. Re-
generation events that may require longer than 30 minutes of engine id-
Page 200
Register 2007, No. 49; 12-7-2007
Title 13
Air Resources Board
§ 1956.8
ling to complete shall require advance Executive Officer approval. At the
end of the regeneration process, the engine shutdown system shall auto-
matically be enabled to restart the engine shutdown sequence described
in subparagraph (a)(6)(A)!. above. A vehicle that uses a regeneration
strategy under engine idling operating conditions shall be equipped with
a dashboard indicator light that, when illuminated, indicates that the ex-
haust emission control device is regenerating. Other methods of indicat-
ing that the exhaust emission control device is regenerating may be used
with advance Executive Officer approval.
d. if servicing or maintenance of the engine requires extended idling
operation. The engine's electronic control module may be set to tempo-
rarily deactivate the engine shutdown system for up to a maximum of 60
minutes. The deactivation of the engine shutdown system shall only be
performed with the use of a diagnostic scan tool. At the end of the set
deactivation period, the engine's electronic control module shall reset to
restart the engine shutdown system sequence described in subparagraph
(a)(6)(A)l. above.
(B) Exempt Vehicles. Heavy-duty diesel engines to be used in buses
as defined in California Vehicle Code sections 233, 612 and 642, school
buses as defined in California Vehicle Code section 545, recreational ve-
hicles as defined in Health and Safety Code 18010, medium duty vehicles
as defined in section 1900(b)(13) of title 13, California Code of Regula-
tions, military tactical vehicles as defined in section 1905 of title 13,
California Code of Regulations, and authorized emergency vehicles as
defined in California Vehicle Code section 165 are exempted from these
requirements.
(C) Optional NOx idling emission standard. In lieu of the engine shut-
down system requirements specified in subsection (a)(6)(A) above, an
engine manufacturer may elect to certify its new 2008 and subsequent
model-year heavy-duty diesel engines to an optional NOx idling emis-
sion standard of 30 grams per hour. Compliance with this optional stan-
dard will be determined based on testing conducted pursuant to the sup-
plemental NOx idling test cycle and procedures specified in section
86. 1360-2007. B.4 of the "California Exhaust Emission Standards and
Test Procedures for 2004 and Subsequent Model Heavy-Duty Diesel En-
gines and Vehicles," as incorporated by reference in subsection (b). The
manufacturer may request an alternative test procedure if the technology
used cannot be demonstrated using the procedures in section
86. 1360-2007 .B.4, subject to advance approval of the Executive Offi-
cer. A manufacturer certifying to the optional NOx idling standard must
not increase emissions of CO, PM, or NMHC, determined by comparing
results from the supplemental NOx idling test cycle and procedures spe-
cified in section 86.1360-2007.B.4 of the referenced "California Ex-
haust Emission Standards and Test Procedures for 2004 and Subsequent
Model Heavy-Duty Diesel Engines and Vehicles" to emission results
from the idle mode of the supplemental steady state test cycle or emission
results from idle portions of the transient test cycle for heavy duty diesel
engines, respectively specified in sections 86-1360-2007 and
86. 1327-98 of the referenced "California Exhaust Emission Standards
and Test Procedures for 2004 and Subsequent Model Heavy-Duty Diesel
Engines and Vehicles." With advance Executive Officer approval, a
manufacturer may use other methods of ensuring that emissions of CO,
PM, and NMHC are not adversely affected in meeting the optional NOx
requirement. Also, manufacturers shall state in their application for certi-
fication that meeting the optional NOx idling requirement will not ad-
versely affect the associated emissions of CO, PM and NMHC.
An engine manufacturer certifying its engine to the optional NOx id-
ling emission standard must also produce a vehicle label, as defined in
subsection 35.B.4 of the "California Exhaust Emission Standards and
Test Procedures for 2004 and Subsequent Model Heavy-Duty Diesel En-
gines and Vehicles," as incorporated by reference in subsection (b).
(D) Optional Alternatives to Main Engine Idling. All new 2008 and
subsequent model year heavy duty diesel engines may also be equipped
with idling emission reduction devices that comply with the compliance
requirements specified in title 13, CCR, section 2485(c)(3).
(b) The test procedures for determining compliance with standards
applicable to 1985 and subsequent model heavy-duty diesel engines and
vehicles and the requirements for participation in the averaging, banking
and trading programs, are set forth in the "California Exhaust Emission
Standards and Test Procedures for 1 985 through 2003 Model Heavy-Du-
ty Diesel Engines and Vehicles," adopted April 8, 1985, as last amended
December 12, 2002, the "California Exhaust Emission Standards and
Test Procedures for 2004 and Subsequent Model Heavy-Duty Diesel-
Engines and Vehicles," adopted December 12, 2002, as last amended
October 17, 2007, and the "California Interim Certification Procedures
for 2004 and Subsequent Model Hybrid-Electric Vehicles, in the Urban
Bus and Heavy-Duty Vehicle Classes," adopted October 24, 2002,
which are incorporated by reference herein.
(c)(1)(A) The exhaust emissions from (i) new 1987 through 2004
model heavy-duty Otto-cycle engines (except methanol-fueled engines
and except heavy-duty Otto-cycle natural-gas-fueled and liquified-pe-
troleum-gas-fueled Otto-cycle engines derived from diesel-cycle en-
gines) and (ii) from new 1993 through 2004 model heavy-duty metha-
nol-fueled Otto-cycle engines (except in all cases engines used in
medium-duty vehicles) shall not exceed:
Model Year
1987c
1988-1989
1990
1991-1994
1995-1997
1998-2003°
Exhaust Emission Standards for Heavy-Duty Otto-Cycle Engines
(grams per brake horsepower-hour or g/bhp-hr)
Total Optional
Hydrocarbons Non-Methane
or OMHCEA Hydrocarbons^
1.1°
1.9E
1.1D
1.9E
1.1 0.9D
1.9E 1.7E
1.1° 0.9D
1.9E 1.7E
1.9E 1.7E
1.9E 1.7E
1.9E 1.7E
L9E 1.7E
Carbon
Oxides of
Monoxide8
Nitrogen
14.4D
10.6
37.1E
10.6
14.4D
6.0
37.1E
6.0
14.4D
6.0
37.1E
6.0
14.4D
5.0
37.1E
5.0
37.1E
5.0
37.1E
2.5 to 5.(f
37.1E
4.0
37.1E
1.5to0.5F
Carbon Monoxide
37.1
2004G
Non-Methane Hydrocarbons
plus Oxides of Nitrogen (NMHC + NOx)
2.4 g/bph-hr; or
2.5 with 0.5 g/bhp-hr cap on NMHC
AThe total or optional non-methane hydrocarbon standards apply to petroleum- fueled, natural-gas-fueled and liquefied-petroleum-gas-fueled engines and methanol-
fueled engines beginning in 2004. The Organic Material Hydrocarbon Equivalent, or OMHCE, standards apply to 1987 through 2003 methanol-fueled engines.
BPrior to the 2002 model year, carbon monoxide emissions from engines utilizing exhaust after treatment technology shall also not exceed 0.5 percent of the exhaust
gas flow at curb idle.
Page 201
Register 2007, No. 49; 12-7-2007
§ 1956.8
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(^Manufacturers with existing heavy-duty Otto-cycle engines certified to the California 1986 steady-state emission standards and test procedures may as an option
certify those engines, for the 1987 model year only, in accordance with the standards and test procedures for 1986 heavy-duty Otto-cycle engines established in
Section 1956.7.
DThese standards are applicable to Otto-cycle engines intended for use in all heavy-duty vehicles.
^Applicable to heavy-duty Otto-cycle engines intended for use only in vehicles with a gross vehicle weight rating greater than 14,000 pounds. Also, as an option, a
manufacturer may certify one or more 1988 through 1994 model Otto-cycle heavy-duty engine configurations intended for use in all heavy-duty vehicles to these
emission standards, provided that the total model-year sales of such configuration(s) being certified to these emission standards represent no more than 5 percent
of total model-year sales of all Otto-cycle heavy-duty engines intended for use in vehicles with a Gross Vehicle Weight Rating of up to 14,000 pounds by the manufac-
turer.
FThese are optional standards and apply to all heavy-duty engines intended for use only in vehicles with a gross vehicle weight rating greater than 14,000 pounds. A
manufacturer may elect to certify to an optional standard between the values, inclusive, by 0.5 grams per brake horsepower-hour increments.
GA manufacturer may request to certify to Option 1 or Option 2 federal NMHC + NOx standards as set forth in 40 CFR § 86.005-1 0(f), as adopted October 6, 2000.
(B) The exhaust emissions from new 2005 and subsequent model heavy-duty engines subject to the alternative standards in 40 CFR
heavy-duty Otto-cycle engines, except for Otto-cycle medium- and §86,005-10(f), shall not exceed:
California Emission Standards for 2005 and Subsequent Model
Heavy-Duty Otto-Cycle Engines A
(in g/bhp-hr)
Model Year Emission NMHC + NOx NMHC NOx COF HCHO PM
Emission
Category
Standards for Heavy-Duty Otto-Cycle Engines Used In Incomplete
Medium-Duty Vehicles 8,501 to 14,000 pounds GVWB
2005 through
2007
ULEV
SULEV
1.0C>E n/a n/a 14.4
0.5 n/a n/a 7.2
0.05
0.025
n/a
n/a
2008 and
subsequent
ULEV
SULEV
n/a 0.1 4E 0.20E 14.4
n/a 0.07E 0.1 0E 7.2
0.01
0.005
0.01
0.005
Standards for Heavy-Duty Otto-Cycle Engines Used In
Heavy-Duty Vehicles Over 14,000 pounds GVW
2005 through
2007
n/a
1.0C>E n/a n/a 37.1
0.05D
n/a
2008 and
subsequent
n/a
n/a 0.14E 0.20E 14.4
0.01
0.01
AThese standards apply to petroleum-fueled, alcohol-fueled, liquefied petroleum gas-fueled and natural gas-fueled Otto-cycle engines.
BA manufacturer of engines used in incomplete medium-duty vehicles may choose to comply with these standards as an alternative to the primary emission standards
and test procedures for complete vehicles specified in section 1961 , title 13, CCR. A manufacturer that chooses to comply with these optional heavy-duty engine stan-
dards and test procedures shall specify, in the Part 1 application for certification, an in-use compliance test procedure, as provided in section 2139(c), title 13 CCR.
CA manufacturer may request to certify to the Option 1 or Option 2 federal NMHC + NOx standards as set forth in 40 CFR § 86.005-10(0- However, for engines used
in medium-duty vehicles, the formaldehyde level must meet the standard specified above.
DThis standard only applies to methanol-fueled Otto-cycle engines.
EA manufacturer may elect to include any or all of its medium- and heavy-duty Otto-cycle engine families in any or all of the emissions ABT programs for HDEs,
within the restrictions described in section 1. 1 5 of the "California Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Otto-
Cycle Engines," incorporated by reference in section 1956.8(d). For engine families certified to the Option 1 or 2 federal standards, the FEL must not exceed 1.5 g/bhp-
hr. If a manufacturer elects to include engine families certified to the 2005 and subsequent model year standards, the NOx plus NMHC FEL must not exceed 1 .0 g/bhp-hr.
For engine families certified to the 2008 and subsequent model year standards, the FEL is the same as set forth in 40 CFR 86.008- 10(a)(1).
EIdle carbon monoxide: For all Otto-cycle heavy-duty engines utilizing aftertreatment technology, and not certified to the on-board diagnostics requirements of section
1968, et seq, as applicable, the CO emissions shall not exceed 0.50 percent of exhaust gas flow at curb idle.
(2) Formaldehyde exhaust emissions from new 1993 and subsequent
model methanol-fueled otto cycle engines shall not exceed:
Model Year Formaldehyde
(g/bhp-hr)
1993-1995 0.10
1996 and Subsequent 0.05
(d) The test procedures for determining compliance with standards ap-
plicable to 1987 and subsequent model heavy-duty Otto-cycle engines
and vehicles are set forth in the "California Exhaust Emission Standards
and Test Procedures for 1987 through 2003 Model Heavy-Duty Otto-
Cycle Engines and Vehicles," adopted April 25, 1986, as last amended
December 27, 2000, the "California Exhaust Emission Standards and
Test Procedures for 2004 and Subsequent Model Heavy-Duty Otto-
Cycle Engines," adopted December 27, 2000, as last amended October
17, 2007, the "California Non-Methane Organic Gas Test Procedures,"
adopted July 12, 1991 , as last amended July 30, 2002, and the "California
Interim Certification Procedures for 2004 and Subsequent Model Hy-
brid-Electric Vehicles, in the Urban Bus and Heavy-Duty Vehicle
Classes," adopted October 24, 2002, which are incorporated by reference
herein.
(e) A manufacturer may elect to certify complete heavy-duty vehicles
of 14,000 pounds or less maximum gross vehicle weight rating as me-
dium-duty vehicles under section 1960.1 or section 1961 of this chapter,
in which event the heavy-duty emission standards and test procedures in
this section shall not apply.
(f)(1) In 1985 and future years, the executive officer may authorize use
of engines certified to meet federal emission standards, or which are
demonstrated to meet appropriate federal emission standards, in up to a
total of 100 heavy-duty vehicles, including otto-cycle and diesel heavy-
duty vehicles, in any one calendar year when the executive officer has de-
termined that no engine certified to meet California emission standards
exists which is suitable for use in the vehicles.
(2) In order to qualify for an exemption, the vehicle manufacturer shall
submit, in writing, to the executive officer the justification for such ex-
emption. The exemption request shall show that, due to circumstances
beyond the control of the vehicle manufacturer, California certified en-
Page 202
Register 2007, No. 49; 12-7-2007
Title 13
Air Resources Board
§ 1956.8
gines are unavailable for use in the vehicle. The request shall further
show that redesign or discontinuation of the vehicle will result in extreme
cost penalties and disruption of business. In evaluating a request for an
exemption, the executive officer shall consider all relevant factors, in-
cluding the number of individual vehicles covered by the request and the
anti-competitive effect, if any, of granting the request. If a request is de-
nied, the executive officer shall state in writing the reasons for the denial.
(3) In the event the executive officer determines that an applicant may
meet the criteria for an exemption under this subsection, but that granting
the exemption will, together with previous exemptions granted, result in
over 100 vehicles being permitted under this subsection to use non-
California engines in heavy-duty vehicles in any one calendar year, the
exemption may be granted only by the state board, under the criteria set
forth herein.
(g) The exhaust emissions from new 1995 through 2003 model-year
engines used in incomplete medium-duty vehicles or diesel engines used
in medium-duty vehicles shall not exceed:
Exhaust Emission Standards'^
(grams per brake horsepower-hour, or g/bhp-hr)
Carbon
Model Year Monoxide NMHC + NOxE Particulates'^
1995° through 2003 14.4 3.9 0.10
AThis set of standards is optional. Manufacturers of engines used in incomplete
medium-duty vehicles or diesel engines used in medium-duty vehicles from
8501-14,000 pounds, gross vehicle weight may choose to comply with these
standards as a alternative to the primary emission standards and test procedures
specified in section 1960.1, Title 13, California Code of Regulations. Manufac-
turers that choose to comply with these optional heavy-duty standards and test
procedures shall specify, in the application for certification, an in-use com-
pliance test procedure, as provided in section 2139(c), Title 13, California Code
of Regulations.
BThis standard is the sum of the individual non-methane hydrocarbon emissions
and oxides of nitrogen emissions. For methanol-fueled engines, non-methane
hydrocarbons shall mean organic material hydrocarbon equivalent.
cThis standard shall only apply to diesel engines and vehicles.
Dln the 1 995 model-year only, manufacturers may certify up to 50 percent of their
medium-duty engines or vehicles to the applicable 1994 model-year standards
and test procedures. For the 1995 through 1 997 models, alternative in-use com-
pliance is available for medium-duty manufacturers. A manufacturer may use
alternative in-use compliance for up to 100 percent of its fleet in the 1995 and
1996 model years and up to 50 percent of its fleet in the 1997 model year. The
percentages shall be determined from the manufacturers' projected California
sales of medium-duty vehicles. For engines certified to the standards and test
procedures of this subsection, "alternative in-use compliance" shall consist of
an allowance of 25 percent over the HC + NOx standard. In-use compliance
testing shall be limited to vehicles or engines with less than 90,000 miles,
(h) The exhaust emissions from new:
(1)1 992 through 2004 model-year Otto-cycle engines used in incom-
plete medium-duty low-emission vehicles, ultra-low-emission ve-
hicles, and super-ultra-low-emission vehicles; and
(2) 1992 and subsequent model diesel engines used in medium-duty
low-emission vehicles, ultra-low-emission vehicles, and super-ultra-
low-emission vehicles shall not exceed:
Exhaust Emission Standards for Engines Used in Incomplete Otto-Cycle Medium-Duty
Low-Emission Vehicles, Ultra-Low-Emission Vehicles, and
Super Ultra-Low-Emission Vehicles, and for Diesel
Engines Used in Medium-Duty Low-Emission Vehicles, Ultra-Low-Emission
Vehicles, and Super Ultra-Low-Emission VehiclesA,F
(grams per brake horsepower-hour)
Model Year
1992E-2001
2002-2003E
1992-2003E'H
2004 and
subsequent
2004 and
subsequentL
2007 and
subsequent0
1992 and
subsequent1-
2007 and
subsequent0
Vehicle
Emissions
Carbon
Non-Methane
Oxides of
Category^
Monoxide
NMHC + NOxc
Hydrocarbons
Nitrogen
Formaldehyde
Particulates^
LEV
14.4
3.5K
n/a
n/a
0.050
0.1 0K
LEV
14.4
3.0K
n/a
n/a
0.050
0.1 0K
ULEV
14.4
2.5K
n/a
n/a
0.050
0.1 0K
ULEV-
14.4
2.5'-J-K
n/a
n/a
0.050
0.10J.K
OptA
ULEV-
14.4
2.4LTK
n/a
n/a
0.050
0.10^
Opt. Bn/a
ULEV
15.5
n/a
0.14
0.20
0.050
0.01
SULEV
7.2
2.0K
n/a
n/a
0.025
0.05K
SULEV
7.7
n/a
0.07
0.10
0.025
0.005
•
AThis set of standards is optional. Manufacturers of engines used in incomplete medium-duty vehicles or diesel engines used in medium-duty vehicles from
8501-14,000 pounds gross vehicle weight rating may choose to comply with these standards as a alternative to the primary emission standards and test procedures
specified in section 1960.1, or section 1961, Title 13, California Code of Regulations. Manufacturers that choose to comply with these optional heavy-duty standards
and test procedures shall specify, in the application for certification, an in-use compliance test procedure, as provided in section 2139(c), Title 13, California Code
of Regulations.
B"LEV" means low-emission vehicle.
"ULEV" means ultra-low-emission vehicle.
"SULEV" means super ullra-low-emission vehicle.
cThis standard is the sum of the individual non-methane hydrocarbon emissions and oxides of nitrogen emissions. For methanol-fueled engines, non-methane hydro-
carbons shall mean organic material hydrocarbon equivalent ("OMHCE").
DThese standards apply only to diesel engines and vehicles.
Manufacturers may certify engines used in incomplete medium-duty vehicles or diesel engines used in medium-duty vehicles to these standards to meet the require-
ments of section 1956.8 (g), Title 13, California Code of Regulations.
FIn-use compliance testing shall be limited to vehicles or engines with fewer than 90,000 miles.
G [Reserved]
HFor engines certified to the 3.5 grams per brake horsepower-hour (g/bhp-hr) LEV standards, the in-use compliance standard shall be 3.7 g/bhp-hr for the first two
model years of introduction. For engines certified to the 2002 and 2003 model year LEV standards, the in-use compliance standard shall be 3.2 g/bhp-hr. For engines
certified to the 1 992 through 2003 model year ULEV standards, the in-use compliance standard shall be 2.7 g/bhp-hr for the first two model years of introduction.
For engines certified to the 1992 and subsequent SULEV standards, the in-use compliance standard shall be 2.2 g/bhp-hr for the first two model years of introduction.
'Manufacturers have the option of certifying to either option A or B. Manufacturers electing to certify to Option A must demonstrate that the NMHC emissions do not
exceed 0.5 g/bhp-hr.
Amissions averaging may be used to meet these standards for diesel engines, using the requirements for participation in averaging, banking and trading programs, as
set forth in the "California Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Diesel Engines and Vehicles," incorpo-
rated by reference in section 1956.8(b), above.
KEngines of 1998 and subsequent model years may be eligible to generate averaging, banking and trading credits based on these standards according to the requirements
of the averaging, banking and trading programs described in the "California Exhaust Emission Standards and Test Procedures for 1985 through 2003 Model Heavy-
Duty Diesel Engines and Vehicles" and the "California Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Diesel Engines
and Vehicles," incorporated by reference in section 1956.8(b), above.
LFor 2007 and subsequent model year diesel engines used in medium-duty vehicles, these emission standards are not applicable.
Page 203
Register 2007, No. 49; 12-7-2007
§ 1956.9
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(3) 2007 and later model year engines subject to (h)(2) have the fol-
lowing Phase-in Options.
(A) Early NOx compliant engines. For model years 2007, 2008, and
2009, a manufacturer may. at their option, certify one or more of their en-
gine families to the combined NOx plus NMHC standard or FEL applica-
ble to model year 2006 engines under section 1 956.8(h)(2), in lieu of the
separate NOx and NMHC standards or FELs applicable to the 2007 and
subsequent model years, specified in section 1956.8(h)(2). Each engine
certified under this phase-in option must comply with all other emission
requirements applicable to model year 2007 engines. To qualify for this
option, a manufacturer must satisfy the U.S.-directed production re-
quirement of certifying no more than 50 percent of engines to the NOx
plus NMHC standards or FELs applicable to 2006 engines, as specified
in 40 Code of Federal Regulations, part 86, section 86.007-1 1(g)(1), as
adopted January 18, 2001. In addition, a manufacturer may reduce the
quantity of engines that are required to be phased-in using the early certi-
fication credit program specified in 40 Code of Federal Regulations, part
86, section 86.007-1 1(g)(2), as adopted January 18, 2001, and the "Blue
Sky" engine program specified in 40 Code of Federal Regulations, part
86, section 86.007-1 1(g)(4), as adopted January 18, 2001.
(B) Early PM compliant engines. A manufacturer certifying engines
to the 2007 and subsequent model year PM standard listed in section
1956.8 (h)(2) (without using credits, as determined in any averaging,
banking, or trading program described in "California Exhaust Emission
Standards and Test Procedures for 1985 and Subsequent Model Heavy-
Duty Diesel Engines and Vehicles," to comply with the standards) before
model year 2007 may reduce the number of engines that are required to
meet the 2007 and subsequent model year PM standard listed in section
1956.8(h)(2) in model year 2007, 2008 and/or 2009. To qualify for this
option, a manufacturer must satisfy the PM emission requirements pur-
suant to the methods detailed in 40 Code of Federal Regulations, part 86,
section 86.007-11 (g)(2)(ii), as adopted January 18, 2001.
(4) No crankcase emissions shall be discharged directly into the ambi-
ent atmosphere from any new 2007 or later model year diesel heavy-duty
diesel engine, with the following exception: heavy-duty diesel engines
equipped with turbochargers, pumps, blowers, or superchargers for air
induction may discharge crankcase emissions to the ambient atmosphere
if the emissions are added to the exhaust emissions (either physically or
mathematically) during all emission testing. Manufacturers taking ad-
vantage of this exception must manufacture the engines so that all crank-
case emission can be routed into a dilution tunnel (or other sampling sys-
tem approved in advance by the Executive Officer), and must account for
deterioration in crankcase emissions when determining exhaust deterio-
ration factors. For the purpose of section 1956.8(h)(2), crankcase emis-
sions that are routed to the exhaust upstream of exhaust aftertreatment
during all operation are not considered to be "discharged directly into the
ambient atmosphere."
NOTE: Authority cited: Sections 39500, 39600, 39601, 43013, 43018, 43100,
43101, 43102, 43104, 43105, 43106, 43107 and 43806, Health and Safety Code;
and Section 28114, Vehicle Code. Reference: Sections 39002, 39003, 39500,
39667, 43000, 43009.5, 43013, 43017, 43018, 43100, 43101, 43101.5, 43102,
43104, 43105, 43106. 43107, 43202, 43204, 43205, 43205.5, 43206, 43210,
4321 1 , 43212, 4321 3 and 43806, Health and Safety Code; and Section 281 14, Ve-
hicle Code.
History
1. New section filed 5-15-85; effective thirtieth day thereafter (Register 85, No.
20).
2. Amendment of subsections (a) and (b) filed 9-15-86; effective thirtieth day
thereafter (Register 86, No. 38).
3. Relettering and amendment of former subsection (c) to (e), relettering of former
subsection (d) to (f) and new subsections (c) and (d) filed 9-15-86; effective
thirtieth day thereafter (Register 86, No. 38).
4. Editorial correction of subsection (a) printing error (Register 87, No. 50).
5. Amendment of subsection (d) filed 6-6-88; operative 6-6-88 pursuant to Gov-
ernment Code section 11346.2(d) (Register 88, No. 25).
6. Amendment filed 2-21-90; operative 3-23-90 (Register 90, No. 8).
7. Amendment filed 6-14-90; effective 7-14-90 (Register 90, No. 33).
8. Amendment of subsections (b), (c), (d) and (g) filed 8—2—91; operative 9-2-91
(Register 91, No. 49).
9. Amendment of subsections (a), (b), (d) and (g) and new subsection (h) filed
8-30-91; operative 9-30-91 (Register 92, No. 14).
10. Amendment of subsections (b) and (d) filed 12-9-92; operative 1-1-93 (Reg-
ister 92, No. 50).
1 1 . Amendment of subsection (d) filed 7-20-93; operative 8-19-93 (Register 93,
No. 30).
12. Amendment of subsection (b) filed 12-1-93; operative 1-1-95 (Register 93,
No. 49).
13. Amendment of (a)(1) table and notes, subsection (b) and Note filed 5-12-94;
operative 6-13-94 (Register 94, No. 19).
14. Amendment of subsections (b) and (d) filed 4-1 3-95; operative 4-1 3-95 pur-
suant to Government Code section ] 1343.4(d) (Register 95, No. 15).
15. Amendment of subsections (a)(1), (b), (c)( 1 ) and (d) filed 1 2-14-95; operative
1-13-96 (Register 95, No. 50).
16. Amendment filed 9-23-96; operative 10-23-96 (Register 96, No. 39).
17. Amendment of subsection (b) filed 7-25-97; operative 8-24-97 (Register 97,
No. 30).
18. Amendment filed 4-15-99; operative 5-15-99 (Register 99, No. 16).
19. Amendment filed 1-23-2001; operative 1-23-2001 pursuant to Government
Code section 1 1343.4(c) (Register 2001, No. 4).
20. Amendment of section and Note filed 4-30-2001: operative 5-30-2001
(Register 2001, No. 18).
21 . Amendment of subsection (b) filed 7-25-2001 ; operative 7-25-2001 pursuant
to Government Code section 1 1343.4 (Register 2001, No. 30).
22. Redesignation and amendment of subsection (a)(2) as subsection (a)(2)(A),
new subsections (a)(2)(B) and (a)(5), amendment of subsections (b) and (h),
new subsections (h)(3)-(4) and amendment of Note filed 10-18-2002; opera-
tive 1 1-17-2002 (Register 2002, No. 42).
23. Change without regulatory effect amending subsections (a)(2)(B)(i)-(ii) and
(h)(3) filed 4-16-2003 pursuant to section 100, title 1, California Code of Regu-
lations (Register 2003, No. 16).
24. Amendment of section and Note filed 10-16-2003; operative 11-15-2003
(Register 2003, No. 42).
25. Amendment of subsections (b), (c)(1)(B), (d) and (h)(2) footnotes J-K filed
11-4-2003; operative 12-4-2003 (Register 2003, No. 45).
26. Amendment of subsection (a)(2)(A) table heading and table, new table foot-
notes L and M and redesignation of former subsections (a)(2)(B)(i)-(ii) as sub-
sections (a)(2)(B)l.-2. filed 9-7-2006; operative 10-7-2006 (Register 2006,
No. 36).
27. New subsections (a)(6)-(a)(6)(D), amendment of subsection (b) and amend-
ment of Note filed 10-16-2006; operative 11-15-2006 (Register 2006, No.
42).
28. Amendment of subsections (a)(2)(A), (b), (d) and (h)(2) filed 9-1 1-2007; op-
erative 10-1 1-2007 (Register 2007, No. 37).
29. Amendment of subsections (b) and (d) and amendment of Note filed
12-5-2007; operative 1-4-2008 (Register 2007, No. 49).
§ 1956.9. Optional Exhaust Emission Standards for
Retrofitted Heavy-Duty Engines.
1973 and later model-year heavy-duty engines that have been retro-
fitted to produce emissions less than the original certification emission
level may be certified to optional emission standards as follows:
(a)(1) Total Hydrocarbons
(X - n x 0.2) grams per brake horsepower-hour
where X = 0.75 X new engine total hydrocarbon standard for the en-
gine's model year, with the further requirement that X is rounded down
to the nearest lower 0.2 grams per brake horsepower-hour increment;
and where n is an integer such that n x 0.2 is greater than or equal to zero.
For diesel engines, X = 0.75 X original emission certification value for
the engine's model year. For engines originally certified to a combined
hydrocarbon plus oxides of nitrogen standard, X = 0.75 X original engine
certification standard pro-rated by the hydrocarbon portion of the origi-
nal emission certification level. If the original certification levels are not
available, the hydrocarbon baseline standard shall be prorated by the hy-
drocarbon and oxides of nitrogen values of the next later model year with
separate hydrocarbon and oxides of nitrogen standards.
(a)(2) Non-methane Hydrocarbons
For engines originally certified to an optional non-methane hydrocar-
bon standard,
(X - n X 0.2) grams per brake horsepower-hour
where X = 0.75 X new engine non-methane hydrocarbon standard for
the engine's model year, with the further requirement that X is rounded
down to the nearest lower 0.2 grams per brake horsepower-hour incre-
ment; and where n is an integer such that n X 0.2 is greater than or equal
to zero. For diesel engines, X = 0.75 X original emission certification val-
ue for the engine's model year.
•
Page 204
Register 2007, No. 49; 12-7-2007
Title 13
Air Resources Board
§1957
•
(b) Carbon Monoxide
(X - n x 5.0) grams per brake horsepower-hour)
where X = 0.75 X new engine carbon monoxide standard for the en-
gine's model year, with the further requirement that X is rounded down
to the nearest lower 5 grams per brake horsepower-hour increment; and
where n is an integer such that n X 5.0 is greater than or equal to zero. For
diesel engines, X = 0.75 X original emission certification value for the
engine's model year.
(c) Oxides of Nitrogen
(X - n x 0.5) grams per brake horsepower-hour
where X = 0.75 X new engine oxides of nitrogen standard for the en-
gine's model year, with the further requirement that X is rounded down
to the nearest lower 0.5 grams per brake horsepower-hour increment;
and where n is an integer such that n X 0.5 is greater than or equal to zero.
For engines originally certified to a combined hydrocarbon plus oxides
of nitrogen standard, X = 0.75 X original engine certification standard,
pro-rated by the oxides of nitrogen portion of the original emission certi-
fication level. If the original emission certification levels are not avail-
able, the oxides of nitrogen baseline standard shall be pro-rated by the
hydrocarbon and oxides of nitrogen values of the next later model year
with separate hydrocarbon and oxides of nitrogen standards.
(d) Particulate Matter
(X - n x 0.05) grams per brake horsepower-hour
where X = 0.75 X new diesel engine particulate matter standard for the
engine' s model year, with the further requirement that X is rounded down
to the nearest lower 0.05 grams per brake horsepower-hour increment;
and where n is an integer such that n x 0.05 is greater than or equal to zero.
For diesel engines that were not originally certified to a particulate matter
emission standard, X = 0.75 X 0.6 grams per brake horsepower-hour.
Gasoline engines may not be certified to an optional exhaust emission
standard for particulate matter.
(e) 1 972 and earlier model year engines may be certified to credit stan-
dards as described in (a)(1), (b), (c), and (d) using 1973 model year new
engine emission standards as the basis for calculating "X."
(0 The test procedures for determining compliance with an optional
standard shall be the test procedure used to originally certify the engine.
To certify to an optional emission standard, a retrofitted engine must
meet all of the requirements of "California Certification and Installation
Procedures for Alternative Fuel Retrofit Systems for Motor Vehicles
Certified for 1994 and Subsequent Model Years and for all Model Year
Motor Vehicle Retrofit Systems Certified for Emissions Reduction Cred-
it," adopted March 11, 1993, as amended November 21, 1995, which is
incorporated by reference herein.
NOTE: Authority cited: Sections 43701 (b) and (c), Health and Safety Code. Refer-
ence: Sections 39002, 39003, 43000, 43004, 43006, 43008, 43013, and 43108,
Health and Safety Code; and Sections 27156, 38391 and 38395, Vehicle Code.
History
1 . New section filed 2-5-96; operative 3-6-96 (Register 96, No. 6).
§ 1957. Exhaust Emission Standards and Test
Procedures — 1973 and Subsequent
Model-Year Heavy-Duty Diesel-Powered
Vehicles.
(a) Exhaust emissions from new 1973 and 1974 model-year diesel-
powered engines for use in heavy-duty motor vehicles (6,001 pounds
and over, manufacturer's maximum gross vehicle weight) shall not ex-
ceed:
(1) Hydrocarbons plus oxides of nitrogen — 1 6 grams per brake horse-
power hour;
(2) Carbon monoxide — 40 grams per brake horsepower hour.
The test procedures for determining compliance with these standards
are those set forth in "California Exhaust Emission Standards, Test and
Approval Procedures for Diesel Engines in 1 973 and Subsequent Model-
Year Vehicles Over 6,001 Pounds Gross Vehicle Weight," dated No-
vember 18, 1970. as last amended February 17, 1971.
In accordance with this section, as originally enacted, new 1973
model-year heavy-duty vehicles must contain 1973 model-year en-
gines. In subsequent years, model-year engine controls, not model-year
vehicle.
(b) Exhaust emissions from new 1975 and 1976 model-year diesel
powered engines for use in heavy-duty motor vehicles (over 6,000
pounds, manufacturer's maximum gross vehicle weight) shall not ex-
ceed:
(1) Hydrocarbons plus oxides of nitrogen — 10 grams per brake horse-
power hour;
(2) Carbon monoxide — 30 grams per brake horsepower hour;
The test procedures for determining compliance with these standards
are those set forth in "California Exhaust Emission Standards, Test and
Approval Procedures for 1975 and Subsequent Model-Year Engines in
Diesel-Powered Motor Vehicles Over 6,000 Pounds Gross Vehicle
Weight," dated December 19. 1973, amended August 8, 1974.
(c) Exhaust emissions from new 1977 model year diesel-powered en-
gines for use in heavy-duty motor vehicles shall not exceed:
(l)Hydrocarbons plus oxides of nitrogen — 5 grams per brake horse-
power hour;
(2) Carbon monoxide — 25 grams per brake horsepower hour;
or
(1) Hydrocarbons — 1.0 gram per brake horsepower hour;
(2) Carbon monoxide — 25 grams per brake horsepower hour;
(3) Oxides of nitrogen — 7.5 grams per brake horsepower hour.
These two sets of standards shall be alternatives. A manufacturer shall
have the option for each engine family of showing compliance with either
set.
The test procedures for determining compliance with these standards
are those set forth in "California Exhaust Emission Standards and Test
Procedures for 1975 and Subsequent Model-Year Diesel-Fueled
Heavy-Duty Engines and Vehicles," dated December 19, 1973, as last
amended March 31, 1976.
(d) Exhaust emissions from new 1978 model-year diesel-fueled
heavy-duty engines and vehicles, except medium-duty vehicles, shall
not exceed:
(1) Hydrocarbons plus oxides of nitrogen — 5 grams per brake horse-
power hour;
(2) Carbon monoxide — 25 grams per brake horsepower hour;
or
(1) Hydrocarbons — 1.0 gram per brake horsepower hour;
(2) Carbon monoxide — 25 grams per brake horsepower hour;
(3) Oxides of Nitrogen — 7.5 grams per brake horsepower hour.
These two sets of standards shall be alternatives. A manufacturer shall
have the option for each engine family of showing compliance with either
set.
The test procedures for determining compliance with these standards
are those set forth in "California Exhaust Emission Standards and Test
Procedures for 1975 to 1978 Model-Year Diesel-Fueled Heavy-Duty
Engines and Vehicles," dated December 19, 1973, as last amended Octo-
ber 5. 1976.
A manufacturer may elect to certify heavy-duty vehicles less than
10,000 pounds maximum gross vehicle weight rating as medium-duty
vehicles under Section 1959 of this chapter, in which event heavy-duty
emission standards and test procedures shall not apply.
(e) This regulation shall remain in effect until December 31 , 1988, and
as of that date is repealed unless a later regulation deletes or extends that
date. Notwithstanding the repeal or expiration of this regulation on De-
cember 31, 1988, the provisions of the regulation as they existed prior to
such repeal or expiration shall continue to be operative and effective for
those events occurring prior to the repeal or expiration.
Page 204.1
Register 2007, No. 49; 12-7-2007
§1958
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
NOTE: Authority cited: Sections 39600 and 39601, Health and Safety Code. Ref-
erence: Sections 39002, 39003, 43000, 43013, 43100, 43101 and 43104, Health
and Safety Code.
§ 1958. Exhaust Emission Standards and Test
Procedures — Motorcycles and Motorcycle
Engines Manufactured on or After January 1,
1978.
(a) This section shall be applicable to motorcycles, motorcycle en-
gines, and the manufacturers of either motorcycles or motorcycle en-
gines produced on or after January 1, 1978. Motorcycles and motorcycle
engines are excluded from the requirements of this section if:
(1) The engine displacement is less than 50 cubic centimeters, or
(2) An 80 kilogram (176 pound) driver cannot
(A) start from a dead stop using only the engine, or
(B) exceed a maximum speed of 40 kilometers per hour (24.9 miles per
hour) on a level paved surface.
(b) Exhaust emissions from new street-use motorcycles and motor-
cycle engines, subject to registration and sold and registered in this state,
shall not exceed:
Table of Standards
j = l
Engine
Model-Year Displacement
(in cubic centimeters)
1978 to 1979 50 to less than 170
170 to less than 750
750 or greater
1980 to 1981 All (50 cc or larger)
1982 and subsequent 50ccto279cc
1982 through 1985
(manufactured prior
to March 1 , 1985) 280 cc or greater
1985 (manufactured
after February 28,
1985) through 1987 280 cc or greater
1988 through 2003 280 cc to 699 cc
1988 through 2003 700 cc or greater
2004 through 2007 280 cc or greater
2008 and subsequent 280 cc or greater
Exhaust Emission Standards (grams per kilometer)
Hydrocarbon (HC) Carbon
+ Oxides of Nitrogen (NOx) Monoxide
5.0 (HC only)
5.0+0.0155(D-170)* (HC only)
14 (HC only)
5.0 (HC only)
1.0 (HC only)
2.5 (HC only)
1 .4 (HC only), applied as a
corporate average,** provided
that each engine family shall
have only one applicable
standard
1.0 (HC only), applied as a
corporate average,** provided
that each engine family shall
have only one applicable
standard
1.4 (HC only), applied as a
corporate average,** provided
that each engine family shall
have only one applicable
standard
1.4 (HC + NOx), applied as a
corporate average,** provided
that each engine family shall
have only one applicable
standard
0.8 (HC + NOx), applied as a
corporate average,** provided
that each engine family shall
have only one applicable
standard
17
17
17
17
12
12
12
12
12
12
12
*D = engine displacement of motorcycles in cubic centimeters.
** Compliance with a standard to be applied as a "corporate average" shall be determined as follows:
•
I (PRODjx) (STDjx)
STD
(PRODjx)
n = Class III motorcycle engine families (engines with displacement
of 280 cc or greater manufactured after February 28, 1985).
PRODjx = Number of units of Class 111 engine family j produced for
sale in California in model year x
STDjx = The manufacturer designated HC or HC + NOx emission
standard, whichever applies, for engine family j in model year x, which
shall be determined by the manufacturer subject to the following condi-
tions:
where,
Page 204.2
Register 2007, No. 49; 12-7-2007
Title 13
Air Resources Board
§1958
•
•
(1 ) for Model Year J 988 through 2003 motorcycle engines and motor-
cycles with engine displacement of 280 cc or greater, no individual en-
gine family exhaust emission standard shall exceed 2.5 g/km HC, and
(2) for Model Year 2004 and subsequent motorcycle engines and mo-
torcycles with engine displacement of 280 cc or greater, no individual en-
gine family exhaust emission standard shall exceed 2.5 g/km HC+NOx,
and
(3) no engine family designation or engine family exhaust emission
standard shall be amended in a model year after the engine family is certi-
fied for the model year, and
(4) prior to sale or offering for sale in California, each engine family
shall be certified in accordance with Section 1958(c) and shall be re-
quired to meet the manufacturer's designated HC orHC + NOx standard,
whichever applies, as a condition of the certification Executive Order.
Prior to certification the manufacturer shall also submit estimated pro-
duction volumes for each engine family to be offered for sale in Califor-
nia.
STDca = A manufacturer's corporate average HC or HC + NOx ex-
haust emissions, whichever applies, from those California motorcycles
or motorcycle engines subject to the California corporate average HC or
HC + NOx exhaust emission standard, as established by an Executive Or-
der certifying the California production for the model year. This order
must be obtained prior to the issuance of certification Executive Orders
for individual engine families for the model year and shall include but not
be limited to the following requirements:
(1) During the manufacturer's production year, for each engine fami-
ly, the manufacturer shall provide the following information to the Ex-
ecutive Officer within 30 days after the last day in each calendar quarter:
(A) vehicle identification numbers and an explanation of the identifi-
cation code;
(B) the total number of vehicles or motorcycle engines produced for
sale in California and their applicable designated emissions standards.
(2) The manufacturer's average HC or HC + NOx exhaust emissions,
whichever applies, shall meet the applicable corporate average standard
at the end of the manufacturer's production for the model year.
(3) Production and sale of vehicles which result in non-compliance
with the California standard for the model year shall cause a manufactur-
er to be subject to civil penalties, per vehicle, pursuant to Health and Safe-
ty Code Section 43154. All excess emissions resulting from final non-
compliance with the California standard shall be made up in the
following model year.
(4) For a period of up to one year following the end of the model year,
for each model the manufacturer shall submit California sales and regis-
tration data as it becomes available.
(c) The test procedures for determining compliance with these stan-
dards are set forth in Subparts E and F, Part 86, Title 40, Code of Federal
Regulations, as they existed on April 15,1978, for 1978 through 1987
model years, and they existed on July 7, 1986, for 1988 and subsequent
model years.
(1) When the word "Administrator" is used in these federal regula-
tions, it shall mean the executive officer of the state board.
(2) When a California service accumulation vehicle is used, the Cali-
fornia standards for Class I and II motorcycles for the manufacturer des-
ignated standards (STDjx) for Class III motorcycles as defined above
shall supersede corresponding federal standards in Subpart E of the fed-
eral regulations.
(3) Pursuant to the federal certification protocol under 40 CFR Section
86.432-78, a manufacturer has the option of applying an outlier test point
procedure. Where the manufacturer chooses to apply the optional proce-
dure, the California statistical outlier procedure entitled "Calculation of
t-Statistic for Deterioration Data Outlier Test," dated December 17,
1976, shall be used to test for irregular data from a durability-data set.
If any data point is identified by the manufacturer as a statistical outlier,
the executive officer shall determine, on the basis of an engineering anal-
ysis of the cause of the outlier submitted by the manufacturer, whether
the outlier is to be rejected. The outlier shall be rejected only if the execu-
tive officer determines that the outlier does not reflect representative
characteristics of the emission control system anomaly, test procedure
error, or an extraordinary circumstance not expected to recur. Only the
identified outlier shall be eliminated; other data at that test point (i.e., data
for other pollutants) shall not be eliminated unless the executive officer
determines, based on the engineering analysis, that they also do not re-
flect representative characteristics of the emission control system. All
durability test data, including any outliers and the manufacturer's engi-
neering analysis shall be submitted with the final application.
(4) When a federal service accumulation vehicle does not meet the
applicable California engine family standards, a stabilized "worst case"
California configuration vehicle may be utilized to demonstrate com-
pliance with the California standards.
Before an emission test is conducted, the vehicle shall accumulate the
following applicable minimum test distance:
Class
I
II
III
Distance (Kilometers)
2500
2500
3500
The test shall be conducted at an accumulated distance within 250 kilo-
meters (155 miles) of the nominal test distance.
A deterioration factor (DF) defined as the extrapolated useful life dis-
tance emissions divided by the interpolated minimum test distance emis-
sions shall be computed using emissions data from the federal service ac-
cumulation vehicle. The DF shall be applied to the stabilized vehicle test
data to obtain useful life emissions. The useful life emissions shall be
equal to or less than the applicable California standards in order to obtain
California Certification.
(5) Beginning with 2010 model-year vehicles or engines, at the time
of certification manufacturers shall state, based on good engineering
judgment and available information, that the emission control devices on
their vehicles or engines are durable and are designed and will be
manufactured to operate properly and in compliance with all applicable
requirements for the full useful life (or allowable maintenance interval)
of the vehicles or engines. Also, vehicles and engines tested for certifica-
tion shall be, in all material respects, substantially the same as production
vehicles and engines. If it is determined pursuant to title 13 CCR, Divi-
sion 3, Chapter 2, Article 5, sections 2166 through 2174 that any emis-
sion control component or device experiences a systemic failure because
valid failures for that component or device meet or exceed four percent
or 50 vehicles (whichever is greater) in a California-certified engine
family or test group, it constitutes a violation of the foregoing test proce-
dures and the Executive Officer of the Air Resources Board may require
that the vehicles or engines be recalled or subjected to corrective action
as set forth in title 13 CCR, Division 3, Chapter 2, Article 5, sections 2166
through 2174. Certification applications may not be denied based on the
foregoing information provided that the manufacturer commits to correct
the violation.
(d) The state board will accept the Environmental Protection Agency's
Certificate of Conformity as equivalent to California Certification for
model-years 1978 through 1981.
(e) Motorcycle manufacturers shall submit to the executive officer a
complete copy of the application for certification submitted to the Envi-
ronmental Protection Agency together with a copy of the Certificate of
Conformity.
The above information shall be submitted for each engine family prior
to sale or offering for sale of 1978 through 1981 model-year motor-
cycles.
The motorcycle manufacturers shall submit directly to the executive
officer a complete copy of the application for certification for 1982 and
subsequent model years.
(f)(1) Small Volume Manufacturers: Exhaust emission standards for
Class III motorcycles and motorcycle engines produced by small volume
manufacturers are as follows:
(A) For Model Years through 2007, Class HI motorcycles and motor-
cycle engines shall meet the applicable HC-only and CO emission limits
specified in the Table of Standards in subsection 1958(b).
Page 204.3
Register 2007, No. 49; 12-7-2007
§1959
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(B) For Model Year 2008 and subsequent, Class III motorcycles and
motorcycle engines shall emit no more than 12 grams of CO per kilome-
ter and 1.4 grams per kilometer HC + NOx, applied as a corporate aver-
age, provided that no engine family shall emit greater than 2.5 grams per
kilometer HC + NOx.
(2) To obtain certification as a small volume manufacturer pursuant to
this subsection, the manufacturer shall submit product information and
estimated sales data with the certification application for each engine
family sold in California. As a condition of obtaining certification as a
small volume manufacturer, the manufacturer shall submit annually to
the Executive Officer a summary of its efforts and progress toward meet-
ing more stringent HC + NOx exhaust emission standards. The summary
shall include a description of the manufacturer's current HC + NOx emis-
sion control development status, along with supporting test data, and fu-
ture planned development work.
(3) For purposes of subsection 1958(f)(1), the following provisions
apply:
For Model
Years (MY)
prior to 1 984
1984 through 1987
1988 through 2007
2008 and subsequent
Small Volume Manufacturer (SVM)
definition is
not applicable
one which sells less than 5.000 new
Class 1, II, and III motorcycles per
model year in California
not applicable
one which sells no more than 300
(combined) new Class I, II, and III
motorcycles per model year in
California, starting with the 2004 MY.
(g) Early-Compliance Credits
(1) Manufacturers which sell Class III motorcycles or motorcycle en-
gines in California certified as meeting either a 0.8 g/km or 0.4 g/km
HC+NOx level prior to Model Year 2008 can receive credits for use in
the Model Year 2008 corporate average upon written approval by the
Executive Officer. Each unit of Class III motorcycle or motorcycle en-
gine sold between Model Years 1999 and 2008 and which meets the re-
quirements of this subsection shall be multiplied by whichever X multi-
plier applies, as shown in the following table:
Table of Multipliers to Encourage Early Compliance with
the 0.8 g/km HC + NOx Standard and Beyond
Multiplier (X)for Use in MY 2008 Corporate Averaging
Model Year Certified at 0.8
g/km
Certified at 0.4 g/km
Sold HC + NOx or below
HC+NOx or below
1999 through 2004 1.5
3.0
2005 1.375
2.5
2006 1.250
2.0
2007 1.125
1.5
2008 and subsequent 1.0
1.0
Note: Each unit of an early compliant certified motorcycle and motorcycle engine
is counted cumulatively toward the MY 2008 corporate average.
(2) Applications for early compliance credits pursuant to this subsec-
tion shall include in writing all emissions data, test protocols, equipment
specifications, operating conditions, and any other technical information
requested by the Executive Officer.
(3) The Executive Order approving early compliance credits under
this subsection shall specify the exact amount of credits granted, the date
of expiration for the credits, and all enforcement provisions applicable
to the use of early compliance credits. Each motorcycle and each motor-
cycle that incorporates an engine for which early compliance credits have
been granted pursuant to this subsection shall specify on its "California
Motor Vehicle Emission Control And Smog Index Label" (Section 1 965,
Title 1 3, California Code of Regulations), in addition to all other existing
requirements, the actual HC + NOx engine family exhaust emissions lev-
el for which the vehicle or engine has been granted early compliance
credit.
(h) Sunset Review
Within five years from the effective date of adoption or date of imple-
mentation, which ever comes later, the Air Resources Board, in consulta-
tion with the Secretary for Environmental Protection, shall review the
Applicable
Exhaust Emissions Requirements
For all manufacturers,
Section 1958(f)(1)(A) and 1958(b) apply.
For SVMs, 2.5 grams per kilometer HC-only and
12 grams per kilometer CO apply only to Class III motorcycles.
For all other manufacturers and Class I and II motorcycles,
Section 1958(f)(1)(A) and 1958(b) apply.
For all manufacturers, Section 1958(f)(1)(A) and 1958(b) apply.
For SVMs, Section 1958(f)(1)(B) applies only to Class III
motorcycles.
For all other manufacturers and Class I and II motorcycles,
Section 1958(b) applies.
provisions of this section to determine whether it should be retained, re-
vised, or repealed.
NOTE: Authority cited: Sections 39500, 39600, 39601, 43013, 43018, 43100,
43101, 43102. 43104, 43105, 43106, 43107 and 43806, Health and Safety Code.
Reference: Sections 39002, 39003, 39500, 39667, 43000, 43009.5, 4301 3, 43017,
43018, 43100, 43101, 43101.5, 43102, 43104. 43105, 43106, 43107, 43202,
43204, 43205, 43205.5, 43206, 43210, 4321 1, 43212, 43213 and 43806, Health
and Safety Code; and Cal. Stats. 83, Ch. 103.
History
1. Editorial correction of subsections (c) and (e) (Register 83, No. 17).
2. Amendment filed 1 1-23-83; effective thirtieth day thereafter (Register 83, No.
48).
3. Amendment of subsection (b) filed 1-24-85; effective thirtieth day thereafter
(Register 85, No. 4).
4. Amendment of subsection (f) filed 5-6-86; effective thirtieth day thereafter
(Register 86, No. 19).
5. Amendment filed 3-3-88; operative 4-2-88 (Register 88, No. 12).
6. Amendment of section heading and section filed 11-22-99; operative
12-22-99 (Register 99, No. 48).
7. New subsection (c)(5) and amendment of Note filed 12-5-2007; operative
1-4-2008 (Register 2007, No. 49).
§ 1959. Exhaust Emission Standards and Test
Procedures — 1978 Model Medium-Duty
Vehicles.
(a) The exhaust emissions from new 1978 medium-duty vehicles hav-
ing an engine displacement of 50 cubic inches or greater subject to regis-
tration and sold and registered in this state, shall not exceed:
Exhaust Emission Standards (grams per mile)
Carbon Oxides of
Model Year Hydrocarbons Monoxide Nitrogen
1978
0.9
17
2.3
(b) The test procedures for determining compliance with these stan-
dards are set forth in "California Exhaust Emission Standards and Test
Procedures for 1975 Through 1978 Model Passenger Cars, Light-Duty
Trucks, and Medium-Duty Vehicles," adopted by the State Board Febru-
ary 19, 1975, as last amended June 8, 1977.
(c)This regulation shall remain in effect until December 31, 1983, and
as of that date is repealed unless a later regulation deletes or extends that
date. Notwithstanding the repeal or expiration of this regulation on De-
cember 31, 1983, the provisions of the regulation as they existed prior to
such repeal or expiration shall continue to be operative and effective for
those events occurring prior to the repeal or expiration.
NOTE: Authority cited: Sections 39600 and 39601, Health and Safety Code. Ref-
erence: Sections 43100, 43101 and 43104, Health and Safety Code.
Page 204.4
Register 2007, No. 49; 12-7-2007
Title 13
Air Resources Board
§1960
§ 1959.5. Exhaust Emission Standards and Test
Procedures — 1979 Model Passenger Cars,
Light-Duty Trucks, and Medium-Duty
Vehicles.
(a) The exhaust emissions from new 1 979 model-year passenger cars,
light-duty trucks, and medium-duty vehicles having an engine displace-
ment of 50 cubic inches or greater, except diesel-fueled passenger cars,
subject to registration and sold and registered in this state, shall not ex-
ceed:
Exhaust Emission Standards (grams per mile)
Equivalent
Inertia
Vehicles Weight (lbs.)
Passenger Cars All
Light-Duty Trucks 0-3999
Light-Duty Trucks .... 4000-5999
Medium-Duty Vehicles ... All
Carbon
Oxides of
Hydrocarbons
Monoxide
Nitrogen
0.41
9.0
1.5
0.41
9.0
1.5*
0.50
9.0
2.0
0.9
17
2.3
* 2.0 for four-wheel drive vehicles in this category,
(b) The test procedures for determining compliance with these stan-
dards are set forth in "California Exhaust Emission Standards and Test
Procedures for 1979 Model Passenger Cars, Light-Duty Trucks, and
Medium-Duty Vehicles," adopted by the State Board June 8, 1977, as
last amended September 6, 1978.
(c) This regulation shall remain in effect until December 31 , 1 984, and
as of that date is repealed unless a later regulation deletes or extends that
date. Notwithstanding the repeal or expiration of this regulation on De-
cember 31 , 1984, the provisions of the regulation as they existed prior to
such repeal or expiration shall continue to be operative and effective for
those events occurring prior to the repeal or expiration.
NOTE: Authority cited: Sections 39600 and 39601, Health and Safety Code. Ref-
erence: Sections 39002, 39003, 43000, 43 1 00, 43 101 and 43 1 04, Health and Safe-
ty Code.
§ 1960. Exhaust Emission Standards and Test
Procedures — 1980 Model Passenger Cars,
Light-Duty Trucks and Medium-Duty Vehicles.
(a) The exhaust emissions from new 1 980 model passenger cars, light-
duty trucks and medium-duty vehicles, subject to registration and sold
and registered in this state, shall not exceed:
Model
Year
1980
Vehicle
Type (1)
PC
LDT
LDT
MDV
Equivalent
Inertia
Weight
(lbs.) (2)
All
0-3999
4000-5999
All
Exhaust Emission Standards
(grams per mile)
Non-Methane
Hydrocarbons (3)
0.39 (0.41)
0.39 (0.41)
0.50 (0.50)
0.9 (0.9)
Carbon
Monoxide
9.0
9.0
9.0
17.0
*2.0 for four-wheel drive vehicles in this category.
100,000 Mile Exhaustion Emission Standards
(grams per mile)
Model
Year
1980
Vehicle
Type (I)
PC
(Option 1)
PC
(Option 2)
Equivalent
Inertia
Weight
(lbs.) (2)
All
All
Non-Methane
Hydrocarbons (3) (5)
0.39 (0.41)
0.46
Carbon
Monoxide
9.0
10.6
Oxides of
Nitrogen
(4) (5)
1.0 1.5
1.5*
Oxides of
Nitrogen
(4)
1.5
1.5
(1) "PC" means passenger cars.
"LDT" means light-duty trucks.
"MDV" means medium-duty vehicles.
(2) Equivalent inertia weights are determined under subparagraph 40 Code of Federal Regulations 86.129-70(a), as it existed on April 15, 1978.
(3) Hydrocarbon standards in parentheses apply to total hydrocarbons, or 1980 models only, to emissions corrected by a methane content correction factor.
(4) In addition, for passenger cars, the maximum projected emissions of oxides of nitrogen measured on the federal Highway Fuel Economy Test (HWFET;
40 CFR Part 600, Subpart B) shall be no greater than 1.33 times the applicable standard shown in the table. Both the projected emissions and the HWFET
standard shall be rounded to the nearest 0.1 gm/mi before being compared.
(5) For vehicles from evaporative emission families with projected 50,000 mile evaporative emissions values below 1 .0 gm/test, an adjustment to the hydrocar-
bon exhaust emission standard may be granted by the Executive Officer. The adjusted standard will be calculated using the following formula:
HCex = .75 (.185 -[(Di + 3.3 Hs) - (29.4)] + HC0
Where:
HCex = adjusted exhaust hydrocarbon standard
HC0 = unadjusted exhaust hydrocarbon standard
Di = diurnal evaporative emissions
Hs = hot soak evaporative emission
[The next page is 205.]
Page 204.5
Register 2007, No. 49; 12-7-2007
Title 13
Air Resources Board
§ 1960.1
(b) The test procedures for determining compliance with these stan-
dards are set forth in "California Exhaust Emission Standards and Test
Procedures for 1980 Model Passenger Cars, Light-Duty Trucks, and
Medium-Duty Vehicles," adopted by the State Board on May 24, 1978,
as last amended March 5, J 980.
(c) With respect to any new vehicle required to comply with the stan-
dards set forth in paragraph (a), the manufacturer's written maintenance
instructions for in-use vehicles shall not require scheduled maintenance
more frequently than or beyond the scope of maintenance permitted un-
der the test procedures referenced in paragraph (b) above. Any failure to
perform scheduled maintenance shall not excuse an emissions violation
unless the failure is related to or causative of the violation.
(d) This regulation shall remain in effect until December 31,1 990, and
as of that date is repealed unless a later regulation deletes or extends that
date. Notwithstanding the repeal or expiration of this regulation on De-
cember 31, 1990, the provisions of the regulation as they existed prior to
such repeal or expiration shall continue to be operative and effective for
those events occurring prior to the repeal or expiration.
NOTE: Authority cited: Sections 39600 and 39601, Health and Safety Code. Ref-
erence: Sections 39002, 39003, 43000, 43103. 43100, 43104 and 43106, Health
and Safety Code.
§ 1960.1. Exhaust Emissions Standards and Test
Procedures— 1981 through 2006 Model
Passenger Cars, Light-Duty and Medium-Duty
Vehicles.
(a) The exhaust emissions from new 1981 model passenger cars, light-
duty trucks, and medium-duty vehicles, subject to registration and sold
and registered in this state, shall not exceed1:
1981 EXHAUST EMISSION STANDARDS
(grams per mile)
Equivalent
Inertia
Durability
Vehicle
Vehicle
Type2
Weight
(Ibs.p
Basis
(mi.)
Non-Methane
Hydrocarbons4
PC
PC6
PC (Option 1)
PC (Option 2)
All
All
All
All
50,000
50,000
100,000
100,000
0.39
0.39
0.46
(0.41)
(0.41)
7
7
LDT, MDV
LDT, MDV (Option
LDT, MDV (Option
1)
2)
0-3999
0-3999
0-3999
50,000
100,000
100,000
0.39
0.39
0.46
(0.41)
(0.41)
7
7
LDT, MDV
LDT, MDV (Option
1)
4000-5999
4000-5999
50,000
100,000
0.50
0.50
(0.50)
(0.50)
7
MDV
MDV (Option 1)
6000 and larger
6000 and larger
50,000
100,000
0.60
0.60
(0.60)
(0.60)
7
Carbon
Oxides of
Monoxide
Nitrogen^
3.4
1.0
7.0
0.7
3.4
1.5
4.0
1.5
9.0
1.0
9.0
1.5
10.6
1.5
9.0
1.5
9.0
2.0
9.0
2.0
9.0
2.3
1 Subsection (a) shall remain in effect until December 3 1 , 1991 , and as of that date is repealed unless a later regulation deletes or extends that date. Notwithstand-
ing the repeal or expiration of this regulation on December 31 , 1991 , the provisions of the regulation as they existed prior to such repeal or expiration shall
continue to be operative and effective for those events occurring prior to the repeal of expiration.
2 "PC" means passenger cars.
3 Equivalent inertia weights are determined under subparagraph 40 CFR 86.129-79(a).
4 Hydrocarbon standards in parentheses apply to total hydrocarbons.
5 The maximum projected emissions of oxides of nitrogen measured on the federal Highway Fuel Economy Test (HWFET; 40 CFR part 600, Subpart B) shall
be not greater than 1.33 times the applicable passenger car standards and 2.00 times the applicable light-duty truck and medium-duty vehicle standards
shown in the table. Both the projected emissions and the HWFET standard shall be rounded to the nearest 0.1 gm/mi before being compared.
6 The second set of 50,000 mile passenger car standards is optional. A manufacturer must select either the primary or optional sets of 50,000 mile standards
for its full product line for both 1981 and 1982 model years.
7 For vehicles from evaporative emission families with projected 50,000 mile evaporative emissions values below 1 .0 gm/test, an adjustment to the hydrocarbon
exhaust emission standards may be granted by the Executive Officer. The adjusted standard will be calculated using the following formula:
HCex = .75 (.185 - [(Di + 3.3 Hs) (29.4)])+ HCo
Where:
HCex = adjusted exhaust hydrocarbon standard
HC0 = unadjusted exhaust hydrocarbon standard
Di= diurnal evaporative emissions
Hs= hot soak evaporative emissions.
Page 205
Register 2004, No. 9; 2-27-2004
§ 1960.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(b) The exhaust emissions from new 1982 model passenger cars,
light-duty trucks, and medium-duty vehicles, subject to registration and
sold and registered in this state, shall not exceed1:
1982 EXHAUST EMISSION STANDARDS
(grams per mile)
Vehicle
Type*
Equivalent
Inertia
Weight
(lbs.)3
Durability
Vehicle
Basis
(mi.)
Non-Methane
Hydrocarbons*
PC
PC6
PC (Option 1)
PC (Option 2)
All
AH
All
All
50,000
50.000
100,000
100,000
0.39
0.39
0.39
0.46
(0.41)
(0.41)
(0.41)
LDT, MDV
LDT, MDV (Option
LDT, MDV (Option
1)
2)
0-3999
0-3999
0-3999
50,000
100,000
100,000
0.39
0.39
0.46
(0.41)
(0.41)
LDT, MDV
LDT, MDV (Option
1)
4000-5999
4000-5999
50,000
100,000
0.50
0.50
(0.50)
(0.50)
MDV
MDV (Option 1)
6000 and larger
6000 and larger
50.000
100,000
0.60
0.60
(0.60)
(0.60)
Carbon
Monoxide
7.0
7.0
7.0
8.3
9.0
9.0
10.6
9.0
9.0
9.0
9.0
Oxides of
NitrogeiP
0.4
0.7
1.5
1.5
1.0
1.5
1.5
1.5
2.0
2.0
2.3
1 Subsection (b) shall remain in effect until December 31,1 992, and as of that date is repealed unless a later regulation deletes orextends that date. Notwithstand-
ing the repeal or expiration of this regulation on December 31 , 1992, the provisions of the regulation as they existed prior to such repeal or expiration shall
continue to be operative and effective for those events occurring prior to the repeal or expiration.
2 "PC" means passenger cars. "LDT" means light-duty trucks. "MDV" means medium-duty vehicles.
3 Equivalent inertia weights are determined under subparagraph 40 CFR 86.129-79(a).
4 Hydrocarbon standards in parentheses apply to total hydrocarbons.
5 The maximum projected emissions of oxides of nitrogen measured on the federal Highway Fuel Economy Test (HWFET; 40 CFR Part 600, Subpart B) shall
be not greater than 1.33 times the applicable passenger car standards and 2.00 times the applicable light-duty truck and medium-duty vehicle standards
shown in the table. Both the projected emissions and the HWFET standard shall be rounded to the nearest 0.1 gm/mi before being compared.
6 The second set of 50,000 mile passenger car standards is optional. A manufacturer must select either the primary or optional sets of 50,000 mile standards
for its full product line for both 1981 and 1982 model years.
Page 206
Register 2004, No. 9; 2-27-2004
Title 13
Air Resources Board
§ 1960.1
(c) The exhaust emissions from new 1983 model passenger cars, light-
duty trucks, and medium-duty vehicles, subject to registration and sold
and registered in this state, shall not exceed1:
1983 EXHAUST EMISSION STANDARDS
(grams per mile)
Vehicle
Type2
Equivalent
Inertia
Weight
(lbs.)3
Durability'
Vehicle
Basis
(mi)
Non-Methane
Hydrocarbons^
PC
PC6
PC (Option 1)
PC (Option 2)
All
All
All
All
50,000
50,000
100,000
100,000
0.39
0.39
0.39
0.46
(0.41)
(0.41)
(0.41)
LDT, MDV
LDT, MDV6
LDT, MDV (Option
LDT, MDV (Option
1)
2)
0-3999
0-3999
0-3999
0-3999
50,000
50,000
100,000
100,000
0.39
0.39
0.39
0.46
(0.41)
(0.41)
(0.41)
LDT, MDV
LDT, MDV (Option
1)
4000-5999
4000-5999
50,000
100,000
0.50
0.50
(0.50)
(0.50)
MDV
MDV (Option 1)
6000 and larger
6000 and larger
50,000
100,000
0.60
0.60
(0.60)
(0.60)
Carbon
Monoxide
7.0
7.0
7.0
8.3
9.0
9.0
9.0
10.6
9.0
9.0
9.0
9.0
Oxides of
Nitrogen5
0.4
0.7
1.5
1.5
0.4
1.0
1.5
1.5
1.0
2.0
1.5
2.0
1 Subsection (C) shall remain in effect until December 31, 1993, and as of that date is repealed unless a later regulation deletes or extends that date. Notwith-
standing the repeal or expiration of this regulation on December 3 1 , 1993, the provisions of the regulation as they existed prior to such repeal or expiration
shall continue to be operative and effective for those events occurring prior to the repeal or expiration.
2 "PC" means passenger cars. "LDT" means light-duty trucks. "MDV" means medium-duty vehicles.
3 Equivalent inertia weights are determined under subparagraph 40 CFR 86.129-79(a).
4 Hydrocarbon standards in parentheses apply to total hydrocarbons.
5 The maximum projected emissions of oxides of nitrogen measured on the federal Highway Fuel Economy Test (HWFET; 40 CFR Part 600, Subpart B) shall
be not greater than 1.33 times the applicable passenger car standards and 2.00 times the applicable light-duty truck and medium-duty vehicle standards
shown in the table. Both the projected emissions and the HWFET standard shall be rounded to the nearest 0.1 gm/mi before being compared.
6 This set of standards for 1983 model vehicles is optional. A manufacturer may choose to certify these optional standards pursuant to the conditions set forth
in Section 1960.15.
Page 207
Register 2004, No. 9; 2-27-2004
§ 1960.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(d)( 1 ) The exhaust emissions from new 1 984 through 1 987 model pas-
senger cars, light-duty tracks, and medium-duty vehicles subject to reg-
istration and sold and registered in this state, shall not exceed:
1984 THROUGH 1987 EXHAUST EMISSION STANDARDS6
(grams per mile)
Vehicle
Type1
Equivalent
Inertia
Weight
(lbs.)2
Durability
Vehicle
Basis
(mi)
Non-Methane
Hydrocarbons^1
PC
PC5
PC (Option 1)
PC (Option 2)
All
All
All
All
50,000
50,000
100,000
100,000
0.39
0.39
0.39
0.46
(0.41)
(0.41)
(0.41)
LDT. MDV
LDT, MDV5
LDT, MDV (Option
LDT, MDV (Option
1)
2)
0-3999
0-3999
0-3999
0-3999
50,000
50,000
100,000
100,000
0.39
0.39
0.39
0.46
(0.41)
(0.41)
(0.41)
LDT, MDV
LDT, MDV (Option
1)
4000-5999
4000-5999
50,000
100,000
0.50
0.50
(0.50)
(0.50)
MDV
MDV (Option 1)
6000 and larger
6000 and larger
50,000
100,000
0.60
0.60
(0.60)
(0.60)
Carbon
Monoxide
Oxides of
Nitrogen4
7.0
7.0
7.0
8.3
0.4
0.7
1.0
1.0
9.0
9.0
9.0
10.6
0.4
1.0
1.0
1.0
9.0
9.0
1.0
1.5
9.0
9.0
1.5
2.0
1 "PC" means passenger cars. "LDT" means light-duty trucks. "MDV" means medium-duty vehicles.
2 Equivalent inertia weights are determined under subparagraph 40 CFR 86.129-79(a).
3 Hydrocarbon standards in parentheses apply to total hydrocarbons.
4 The maximum projected emissions of oxides of nitrogen measured on the federal Highway Fuel Economy Test (HWFET; 40 CFR Part 600, Subpart B) shall
be not greater than 1.33 times the applicable passenger car standards and 2.00 times the applicable light-duty truck and medium-duty vehicle standards
shown in the table. Both the projected emissions and the HWFET standard shall be rounded to the nearest 0.1 gm/mi before being compared.
5 This set of standards for 1 984 through 1 987 model vehicles is optional. A manufacturer may choose to certify these optional standards pursuant to the condi-
tions set forth in Section 1960.15.
6 Diesel-powered passenger cars, light-duty trucks, and medium-duty vehicles are subject to the following particulate exhaust emission standards: 0.4/g.mi
for the 1985 model year and 0.2 g/mi for the 1 986 and 1987 model years. The particulate compliance shall be determined on a 50,000 mile durability vehicle
basis.
Page 208
Register 2004, No. 9; 2-27-2004
Title 13
Air Resources Board
§ 1960.1
(2) The exhaust emissions from new J 988 model passenger cars,
light-duty trucks, and medium-duty vehicles and new 1988 through
1 990 model passenger cars, light-duty trucks and medium-duty vehicles
produced by a small volume manufacturer, subject to registration and
sold and registered in this state, shall not exceed:
1988 EXHAUST EMISSION STANDARDS5
(grams per mile)
Vehicle
Type1
Equivalent
Inertia
Weight
(lbs.)
Durability
Vehicle
Basis
(mi)
Non-Methane
Hydrocarbons2
PC
PC4
PC (Option 1)
PC (Option 2)
All
All
All
All
50,000
50,000
100,000
100,000
0.39
0.39
0.39
0.46
(0.41)
(0.41)
(0.41)
LDT, MDV
LDT, MDV4
LDT, MDV (Option 1)
LDT, MDV (Option 2)
0-3750
0-3750
0-3750
0-3750
50.000
50,000
100,000
100,000
0.39
0.39
0.39
0.46
(0.41)
(0.41)
(0.41)
LDT, MDV
LDT, MDV (Option
1)
3751-5750
3751-5750
50,000
100,000
0.50
0.50
(0.50)
(0.50)
MDV
MDV (Option 1)
5751 and larger
5751 and larger
50,000
100,000
0.60
0.60
(0.60)
(0.60)
Carbon
Monoxide
Oxides of
NitrogeiP
7.0
7.0
7.0
8.3
0.4
0.7
1.0
1.0
9.0
9.0
9.0
10.6
0.4
1.0
1.0
1.0
9.0
9.0
1.0
1.5
9.0
9.0
1.5
2.0
1 "PC" means passenger cars. "LDT" means light-duty trucks. "MDV" means medium-duty vehicles.
2 Hydrocarbon standards in parentheses apply to total hydrocarbons.
3 The maximum projected emissions of oxides of nitrogen measured on the federal Highway Fuel Economy Test (HWFET; 40 CFR Part 600, Subpart B) shall
be not greater than 1 .33 times the applicable passenger car standards and 2.00 times the applicable light-duty trucks and medium-duty vehicle standards
shown in the table. Both the projected emissions and the HWFET standard shall be rounded in accordance with ASTM E29-67 to the nearest 0. 1 g/mi before
being compared.
4 This set of standards is optional. A manufacturer may choose to certify to these optional standards pursuant to the conditions set forth in Section 1950. 1 .5.
5 Diesel-powered passenger cars, light-duty trucks, and medium-duty vehicles are subject to a particulate exhaust emission standard of 0.2 g/mi for the 1988
model year. The particulate compliance shall be determined on a 50,000 mile durability vehicle basis.
Page 209
Register 2004, No. 9; 2-27-2004
§ 1960.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(e)(1) The exhaust emissions from (A) new 1989 through 1992 model
passenger cars and light-duty trucks, except those produced by a small
volume manufacturer, (B) new 1991 through 1994 model passenger cars
and light-duty trucks produced by a small volume manufacturer, (C) new
1 989 through 1 994 model medium-duty vehicles, except those produced
by a small volume manufacturer, and (D) new 1991 through 1994 model
medium-duty vehicles produced by a small volume manufacturer, shall
not exceed:
1989 THROUGH 1994 MODEL- YEAR EXHAUST EMISSION STANDARDS5
(grams per mile)
Vehicle
Type1
PC
PC6
Diesel PC (Option 2)
Loaded
Vehicle
Weight
(lbs.)
All
All
All
LDT, MDV 0-3750
LDT, MDV6 0-3750
Diesel LDT, MDV (Option 2) 0-3750
LDT, MDV
LDT, MDV (Option 1)
MDV
MDV (Option 1)
3751-5750
3751-5750
5751 and larger
5751 and larger
Durability
Vehicle
Basis
(mi)
50,000
50,000
1 00,000 8
50,000
50,000
1 00.000 8
50.000
100,000 8
50,000
100,000 8
Non-Methane
Hydrocai
-bons-
0.39
(0.41)
0.39
(0.41)
0.46
0.39
(0.41)
0.39
(0.41)
0.46
0.50
(0.50)
0.50
(0.50)
0.60
(0.60)
0.60
(0.60)
Carbon
Monoxide
Oxides of
Nitrogen^'4
7.0
7.0
8.3
0.4
0.7
1.0
9.0
9.0
10.6
0.4
0.77
1.0
9.0
9.0
1.0
1.5
9.0
9.0
1.5
2.0
1 "PC" means passenger cars. "LDT" means light-duty trucks. "MDV" means medium-duty vehicles.
2 Hydrocarbon standards in parentheses apply to total hydrocarbons. For 1993 through 1994 model methanol-fueled vehicles certifying to these standards, in-
cluding flexible-fueled vehicles, "Non-Methane Hydrocarbons" shall mean "Organic Material Hydrocarbon Equivalent" (or "OMHCE").
3 The maximum projected emissions of oxides of nitrogen measured on the federal Highway Fuel Economy Test (HWFET; 40 CFR Part 600, Subpart B) shall
be not greater than 1 .33 times the applicable passenger car standards and 2.00 times the applicable light-duty truck and medium-duty vehicle standards shown
in the table. Both the projected emissions and the HWFET standard shall be rounded in accordance with ASTM E29-67 to the nearest 0.1 g/mi before being
compared.
4 The standard for in-use compliance for passenger cars, light-duty trucks and medium-duty vehicles certifying to the 0.4 g/mi NOx standard shall be 0.55 g/mi
NOx for 50,000 miles. If the in-use compliance level is above 0.4 g/mi NOx but does not exceed 0.55 g/mi NOx, and based on a review of information derived
from a statistically valid and representative sample of vehicles, the Executive Officer determines that a substantial percentage of any class or category of such
vehicles exhibits, prior to 50,000 miles or 5 years, whichever occurs first, an identifiable, systematic defect in a component listed in section 1960.1 .5(c)(2)
which causes a significant increase in emissions above those exhibited by vehicles free of such defects and of the same class or category and having the same
period of use and mileage, then the Executive Officer may invoke the enforcement authority under subchapter 2.5, Title 13, California Code of Regulations,
commencing with section 21 1 1, to require remedial action by the vehicle manufacturer. Such remedial action shall be limited to owner notification and repair
or replacement of the defective component. As used in this section, the term "defect" shall not include failures which are the result of abuse, neglect, or improper
maintenance. This provision is applicable for the 1989 through 1992 model years only. For small volume manufacturers, this provision is applicable for the
1991 through 1994 model years only.
5 Diesel passenger cars, light-duty trucks, and medium-duty vehicles certifying to these standards are subject to a particulate exhaust emission standard of 0.08
g/mi for the 1989 and subsequent model years. The particulate compliance shall be determined on a 50,000 mile durability vehicle basis.
6 This set of standards is optional. A manufacturer may choose to certify to these standards pursuant to the conditions set forth in section 1960.1.5.
7 Pursuant to section 1960.1 .5(a)(1)(B), the optional standard for 1989 model-year light-duty trucks and medium-duty vehicles only is 1.0 g/mi NOx.
8 The optional 100,000 mile certification standards and provisions are not applicable to methanol vehicles.
•
Page 210
Register 2004, No. 9; 2-27-2004
Title 13
Air Resources Board
§ 1960.1
(e)(2) The exhaust emissions from new 1993 through 2003 model me-
thanol-fueled vehicles, including fuel-flexible vehicles, shall meet all
the applicable requirements in (e)(1), (f)(l ) and (f)(2) with the following
modifications and additions:
1993 THROUGH 2003 METHANOL-SPECIFIC EXHAUST EMISSION STANDARDS
Vehicle
Type*
PC
LDT, MDV
LDT, MDV
MDV
MDV
MDV
Loaded
Vehicle
Wei i> lit
(lbs.)2
Durability
Vehicle
Basis
(mi)
All
50,000
0-3750
50,000
3751-5750
50,000
5751-8500
50,000
8501-10,000
50,000
0,001-14,000
50,000
Formaldehyde (mg/mi)
Certification ln-Use Compliance2
15
15
18
22
28
36
23
(1993-1995)
15
(1996-2003)
23
(1993-1995)
15
(1996-2003)
27
(1993-1995)
18
(1996-2003)
33
(1993-1995)
22
(1996-2003)
36
(1995)
28
(1996-2003)
45
(1995)
36
(1996-2003)
1 "PC" means passenger cars.
"LDT" means light-duty trucks.
"MDV" means medium-duty vehicles.
2 If the formaldehyde in-use compliance level is above the respective certification level but does not exceed the in-use compliance level, and based on a review
of information derived from statistically valid and representative sample of vehicles, the Executive Officer determines that a substantial percentage of any
class or category of such vehicle exhibits, prior to 50,000 miles or 5 years, whichever occurs first, an identifiable, systematic defect in a component listed
in section 1960.1.5(c)(2), Title 13, California Code of Regulations, which causes a significant increase in emissions above those exhibited by vehicles free
of such defects and of the same class or category and having the same period of use and mileage, the Executive Officer may invoke the enforcement authority
under subchapter 2.5, Title 13, California Code of Regulations, commencing with section 21 1 1, to require remedial action by the vehicle manufacturer. Such
remedial action shall be limited to owner notification and repair or replacement of the defective component. As used in this section, the term "defect" shall
not include failures which are the result of abuse, neglect, or improper maintenance.
3 For 1995-2003 model-year medium-duty vehicles certifying to the standards specified in section 1960. 1 (h)(1), "Loaded Vehicle Weight" shall mean "Test
Weight," which is the average of the vehicle's curb weight and gross vehicle weight.
Page 211
Register 2004, No. 9; 2-27-2004
§ 1960.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(e)(3) The exhaust emissions from new 1992 through 2006 model-
year "LEV I" transitional low-emission vehicles, low-emission ve-
hicles, ultra-low emission vehicles, and super ultra-low-emission ve-
hicles, including fuel-flexible and dual-fuel vehicles, shall meet all the
requirements of (g)(1) and (h)(2) with the following additions:
Vehicle
Type^
PC and
LDT
LDT
FORMALDEHYDE EXHAUST EMISSION STANDARDS
IN THE LIGHT-DUTY AND MEDIUM-DUTY VEHICLE WEIGHT CLASSES5'6-7
[''milligrams per mile" (or "mg/mi")]
Vehicle Durability Vehicle
Weigh! Vehicle Basis Emission
(lbs.)2 (mi) Category?1
All
0-3750
3751-5750
50,000
100,000
50,000
100,000
TLEV
LEV
ULEV
TLEV
LEV
ULEV
TLEV
LEV
ULEV
TLEV
LEV
ULEV
Formaldehyde
(mg/mi)*'5
15(23)
15(15)
8(12)
18
18
11
18(27)
18(18)
9(14)
23
23
13
MDV
MDV
MDV
MDV
MDV
0-3750
50,000
120,000
3751-5750
50,000
120,000
5751-8500
50,000
120,000
8501-10,000
50,000
120,000
10,001-14,000
50.000
120,000
LEV
ULEV
LEV
ULEV
LEV
ULEV
SULEV
LEV
ULEV
SULEV
LEV
ULEV
SULEV
LEV
ULEV
SULEV
LEV
ULEV
SULEV
LEV
ULEV
SULEV
LEV
ULEV
SULEV
LEV
ULEV
SULEV
15(15)
8(12)
22
12
18(18)
9(14)
4(7)
27
13
6
22 (22)
11(17)
6(8)
32
16
28 (28)
14(21)
7(10)
40
21
10
36 (36)
18(27)
9(14)
52
26
13
1 "PC" means passenger cars. "LDT" means light-duty trucks. "MDV" means medium-duty vehicles.
2 For light-duty or medium-duty vehicles, Vehicle Weight shall mean "Loaded Vehicle Weight" (or "LVW") or "Test Weight" (or "TW"), respectively.
3 "TLEV" means transitional low-emission vehicle. "LEV" means low-emission vehicle. "ULEV" means ultra-low-emissions vehicle. "SULEV" means super
ultra-low-emssion vehicle.
4 Formaldehyde exhaust emission standards apply to vehicles certified to operate on any available fuel, including fuel-flexible and dual-fuel vehicles.
5 The standards in parentheses are intermediate in-use compliance standards for 50,000 miles.
a. For PCs and LDTs from 0-5750 lbs. LVW, including fuel-flexible and dual-fuel vehicles, intermediate in-use compliance standards shall apply to TLEVs
through the 1995 model year, and LEVs and ULEVs through the 1998 model year. In-use compliance with standards beyond 50,000 miles shall be waived
through the 1995 model year for TLEVs, and through the 1998 model year for LEVs and ULEVs.
b. For MDVs from 0-14,000 lbs. TW, including fuel-flexible and dual-fuel vehicles, intermediate in-use compliance standards shall apply to LEVs, ULEVs
and SULEVs through the 1999 model year. In-use compliance with standards beyond 50,000 miles shall be waived through the 1999 model year for LEVs,
ULEVs, and SULEVs.
6 Manufacturers shall demonstrate compliance with the above standards for formaldehyde at 50° F according to the procedures specified in section Ilk of the
"California Exhaust Emission Standards and Test Procedures for 1988 through 2000 Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles"
as incorporated by reference in section 1960. 1 (k) or section E. 1 .4 of the "California Exhaust Emission Standards and Test Procedures for 2001 and Subsequent
Model Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles" as incorporated by reference in section 1961(d). Hybrid electric, natural gas, and
diesel-fueled vehicles shall be exempt from 50° F test requirements.
7 In-use compliance testing shall be limited to PCs and LDTs with fewer than 75,000 miles and MDVs with fewer than 90,000 miles.
Page 212
Register 2004, No. 9; 2-27-2004
Title 13
Air Resources Board
§ 1960.1
(f)(1) The exhaust emissions from new 1993 and 1 994 model passen-
ger cars and light-duty taicks, except those produced by a small volume
manufacturer, shall not exceed:
1993 AND 1994 MODEL YEAR PASSENGER CAR AND LIGHT-DUTY TRUCK EXHAUST EMISSIONS STANDARDS5-89
(grams per mile)
Vehicle
Type^
Loaded
Vehicle
Weight
(lbs.)
Durability
Vehicle
Basis
(mi)
Non-Methane
Hydrocarbons--^
Carbon
Monoxide^
Oxides of
Nitrogen]^>4
PC
PC6
PC
Diesel PC (Option 2)
All
All
All
All
50,000
50,000
100,000
100,000
0.39 (0.25)
0.39 (0.25)
(0.31)
0.46(0.31)
7.0 (3.4)
7.0(3.4)
(4.2)
8.3 (4.2)
0.4
0.7
n/a
1.0
LDT
LDT6
LDT
Diesel LDT (Option 2)
0-3750
0-3750
0-3750
0-3750
50,000
50,000
100,000
100,000
0.39 (0.25)
0.39 (0.25)
(0.31)
0.46(0.31)
9.0 (3.4)
9.0(3.4)
(4.2)
10.6 (4.2)
0.4
0.7
n/a
1.0
LDT
LDT
Diesel LDT (Option 1)
3751-5750
3751-5750
3751-5750
50,000
100,000
100,000
0.50 (0.32)
(0.40)
0.50 (0.40)
9.0 (4.4)
(5.5)
9.0 (5.5)
1.0
n/a
1.5
1 "PC" means passenger cars. "LDT" means light-duty trucks, "n/a" means not applicable.
2 For methanol-fueled vehicles certifying to these standards, including fuel-flexible vehicles, when certifying on methanol , "Non-Methane Hydrocarbons" shall
mean "Organic Material Hydrocarbon Equivalent" (or "OMHCE"). For methanol- or ethanol-fueled vehicles certifying to the phase-in standards in parenthe-
sis, including fuel-flexible vehicles when certifying on methanol or ethanol, "Non-Methane Hydrocarbons" shall mean "Organic Material Non-Methane Hy-
drocarbon Equivalent" (or "OMNMHCE").
3 The maximum projected emissions of oxides of nitrogen measured on the federal Highway Fuel Economy Test (HWFET; 40 CFR Part 600 Subpart B) shall be
not greater than 1.33 times the applicable passenger car standards and 2.00 times the applicable light-duty truck and medium-duty vehicle standards shown
in the table. Both the projected emissions and the HWFET standard shall be rounded in accordance with ASTM E29-67 to the nearest 0.1 g/mi before being
compared.
4 The standard for in-use compliance for passenger cars and light-duty trucks certifying to the 0.4 g/mi NOx standard shall be 0.55 g/mi NOx for 50,000 miles.
If the in-use compliance level is above 0.4 g/mi NOx but does not exceed 0.55 g/mi NOx, and based on a review of information derived from a statistically valid
and representative sample of vehicles, the Executive Officer determines that a substantial percentage of any class or category of such vehicles exhibits, prior
to 50,000 miles or 5 years, whichever occurs first, an identifiable, systematic defect in a component listed in section 1960. 1.5(c)(2), Title 13, California Code
of Regulations, which causes a significant increase in emissions above those exhibited by vehicles free of such defects and of the same class or category and
having the same period of use and mileage, then the Executive Officer may invoke the enforcement authority under subchapter 2.5, Title 13, California Code
of Regulations commencing with section 2 1 1 1 , to require remedial action by the vehicle manufacturer. Such remedial action shall be limited to owner notification
and repair or replacement of the defective component. As used in this section, the term "defect" shall not include failures which are the result of abuse, neglect,
or improper maintenance. This provision is applicable for the 1993 model year only.
5 Diesel passenger cars and light-duty trucks certifying to these standards are subject to a particulate exhaust emission standard of 0.08 g/mi, determined on a 50,000
mile durability vehicle basis.
6 This set of standards is optional. A manufacturer may choose to certify to these standards pursuant to the conditions set forth in section 1960.1.5.
7 The emission standards in parenthesis are phase-in standards. For the 1993 model-year, each manufacturer must certify a minimum of 40% of their vehicles
to the phase-in standards or the more stringent standards in section 1960.1 (g)(1). The percentage shall be applied to the manufacturer's total projected sales
of California-certified passenger cars and light-duty trucks for the 1993 model year. For 1994 and subsequent model years, each manufacturer shall comply
with the fleet average requirements specified in section 1960.1(g)(2).
8 The following conditions shall apply to the in-use compliance standards for 1993 and 1994 model-year passenger cars and light-duty trucks only.
a. The in-use compliance standards for those passenger cars and light-duty trucks certifying to the 0.25 g/mi non-methane hydrocarbon and 3.4 g/mi carbon
monoxide standards shall be 0.32 g/mi non-methane hydrocarbon and 5.2 g/mi carbon monoxide for 50,000 miles.
b. The in-use compliance standards for those light-duty trucks certifying to the 0.32 g/mi non-methane hydrocarbon and 4.4 g/mi carbon monoxide standards
shall be 0.41 g/mi non-methane hydrocarbon and 6.7 g/mi carbon monoxide for 50,000 miles.
c. In-use compliance standards shall be waived beyond 50,000 miles.
9 All passenger cars and light-duty trucks, except those diesel vehicles certifying to optional 100,000 mile standards, are subject to non-methane hydrocarbon,
carbon monoxide, and oxides of nitrogen standards determined on a 50,000 mile durability basis and non-methane hydrocarbon and carbon monoxide standards
determined on a 100,000 mile basis.
Page 213
Register 2004, No. 9; 2-27-2004
§ 1960.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(f)(2) "Tier J " Exhaust Emission Standards for PCs and LDTs. The
exhaust emissions from new 1995 through 2003 model Tier 1 passenger
cars and light-duty trucks shall not exceed:
1995-2003 MODEL- YEAR TIER 1 PASSENGER CAR AND LIGHT-DUTY TRUCK EXHAUST EMISSIONS STANDARDS5 6810
(grams per mile)
Vehicle
Type]
Loaded
Vehicle
Weight
(lbs.)
Durability
Vehicle
Basis
(mi)
Noi
Hydr
i-Methane
■ocarbons--'1
Carbon
Monoxide1
Oxides i
Nitrogen
All
All
All
50,000
100,000
100,000
0.25
0.31
0.31
3.4
4.2
4.2
0.44
0.69
1.0
0-3750
0-3750
0-3750
50,000
100,000
100,000
0.25
0.31
0.31
3.4
4.2
4.2
0.44
0.69
1.0
3751-5750
3751-5750
3751-5750
50,000
100,000
100,000
0.32
0.40
0.40
4.4
5.5
5.5
0.7
0.979
1.5
1.3
PC
PC
Diesel PC
(Option 2)
LDT
LDT
Diesel LDT
(Option 2)
LDT
LDT
Diesel LDT
(Option I)
1 "PC" means passenger cars. "LDT" means light-duty trucks.
2 For methanol- or ethanol-fueled vehicles certifying to these standards, including fuel-flexible vehicles when certifying on methanol orethanol, "Non-Methane
Hydrocarbons" shall mean "Organic Material Non-Methane Hydrocarbon Equivalent" (or "OMNMHCE").
3 The maximum projected emissions of oxides of nitrogen measured on the federal Highway Fuel Economy Test (HWFET; 40 CFR Part 600 Subpart B) shall
be not greater than 1 .33 times the applicable passenger car standards and 2.00 times the applicable light-duty truck standards shown in the table. Both the proj-
ected emissions and the HWFET standard shall be rounded in accordance with ASTM E29-67 to the nearest 0.1 g/mi before being compared.
4 Small volume manufacturers may choose to certify to an optional 0.7 g/mi NOx standard for the 1995 model-vear only, pursuant to the conditions set forth in
sections 1960.1 (f)(1) and 1960.1.5.
-"• Diesel passenger cars and light-duty trucks certifying to these standards, are subject to a particulate exhaust emission standard of 0.08 g/mi, determined on a
50,000 mile durability vehicle basis.
6 For all vehicles, except those certifying to optional diesel standards, in-use compliance with the exhaust emission standards shall be limited to vehicles with
less than 75,000 miles.
7 For the 1 995 and 1 996 model years, all manufacturers, except those certifying to optional diesel standards, are permitted alternative in-use compliance. Alterna-
tive in-use compliance is permitted for 60% of a manufacturer's vehicles in the 1995 model year and 20% of a manufacturer's vehicles in the 1996 model year.
For the 1995 and 1996 model years, small volume manufacturers only are permitted alternative in-use compliance for 100% of the fleet. The percentages shall
be applied to the manufacturer's total projected sales of California-certified passenger cars and light-duty trucks for the model year. "Alternative in-use com-
pliance" shall consist of the following:
a. For all passenger cars and those light-duty trucks from 0-3750 lbs. loaded vehicle weight, except those diesel vehicles certifying to optional 100,000 mile
standards, in-use compliance standards shall be 0.32 g/mi non-methane hydrocarbon and 5.2 g/mi carbon monoxide for 50,000 miles.
b. For light-duty trucks from 3751-5750 lbs., loaded vehicle weight, except those diesel light-duty trucks certifying to optional 1 00,000 mile standards, in-use
compliance standards shall be 0.41 g/mi non-methane hydrocarbon and 6.7 g/mi carbon monoxide for 50,000 miles.
c. In-use compliance standards shall be waived beyond 50,000 miles.
8 All passenger cars and light-duty trucks, except those diesel vehicles certifying to optional standards, are subject to non-methane hydrocarbon, carbon monox-
ide, and oxides of nitrogen standards determined on a 50,000 mile durability basis and non-methane hydrocarbon and carbon monoxide standards determined
on a 100,000 mile durability basis.
9 100,000 mile NOx standards are applicable for 1996 and subsequent model-year vehicles.
10 Each manufacturer shall also comply with the requirements specified in section 1960.1(g)(2).
Page 214
Register 2004, No. 9; 2-27-2004
Title 13
Air Resources Board
§ 1960.1
(g)(1) "LEV I" Exhaust Emission Standards for PCs and LDTs. The
exhaust emissions from new 1992 through 2003 model-year "LEV I"
transitional low-emission vehicles, and new 1992 through 2006 model-
year "LEV I" low-emission vehicles and ultra-low-emission vehicles,
in the passenger car and light-duty truck classes shall not exceed:
LEV 1 EXHAUST EMISSION STANDARDS FOR TRANSITIONAL LOW-EMISSION VEHICLES,
LOW-EMISSION VEHICLES, ULTRA-LOW-EMISSION
VEHICLES AND ZERO-EMISSION VEHICLES
IN PASSENGER CAR AND LIGHT-DUTY TRUCK VEHICLE CLASSES6'7'8910
[grams per mile (or "g/mi")]
Loaded Durability
Vehicle Vehicle Vehicle
Weight Basis Emission Non-Methane Carbon Oxides of
(lbs.) (mi) Category1 Organic Gases^'4 Monoxide Nitrogen5
Vehicle
Type1
PC and
LDT
LDT
All
50,000
TLEV
0-3750
LEV
ULEV
100,000
TLEV
LEV
ULEV
3751-5750
50,000
TLEV
LEV
ULEV
100,000
TLEV
LEV
ULEV
0.125
0.075
0.040
0.156
0.090
0.055
0.160
0.100
0.050
0.200
0.130
0.070
3.4
3.4
1.7
4.2
4.2
2.1
4.4
4.4
2.2
5.5
5.5
2.8
0.4
0.2
0.2
0.6
0.3
0.3
0.7
0.4
0.4
0.9
0.5
0.5
1 "PC" means passenger cars.
"LDT" means light-duty trucks.
"LVW" means loaded vehicle weight.
"Non-Methane Organic Gases" or "NMOG" means the total mass of oxygenated and non-oxygenated hydrocarbon emissions.
2 "TLEV" means transitional low-emission vehicle.
"LEV" means low-emission vehicle.
"ULEV" means ultra-low-emissions vehicle.
3 Compliance with NMOG Standard. To demonstrate compliance with an NMOG standard, NMOG emissions shall be measured in accordance with the "Cali-
fornia Non-Methane Organic Gas Test Procedures" as adopted July 12, 1991 and last amended August 5, 1999, which is incorporated herein by reference.
a. Reactivity Adjustment. For TLEVs, LEVs, and ULEVs certified to operate exclusively on any fuel other than conventional gasoline, and for fuel-flexible
and dual-fuel TLEVs, LEVs, and ULEVs when certifying on a fuel other than gasoline, manufacturers shall multiply NMOG exhaust certification levels
by the applicable reactivity adjustment factor set forth in section 1 3 of the "California Exhaust Emission Standards and Test Procedures for 1988 Through
2000 Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles" as incorporated by reference in section 1960.1(k), or in sections I.E. 5. of the
"California Exhaust Emission Standards and Text Procedures for 2001 and Subsequent Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehi-
cels" as incorporated by reference in section 1961(d), or established by the Executive Officer pursuant to Appendix VIII or section II.D. respectively of the
foregoing test procedures. In addition, natural gas vehicles certifying to TLEV, LEV, or ULEV standards shall calculate a reactivity-adjusted methane ex-
haust emission value by multiplying the methane exhaust certification level by the applicable methane reactivity adjustment factor set forth in section 13
or in section I.E.5. of the above referenced test procedures as applicable. The product of the NMOG exhaust certification levels and the reactivity adjustment
factor shall be compared to the exhaust NMOG mass emission standards established for the particular vehicle emission category to determine compliance.
For natural gas vehicles, the reactivity-adjusted NMOG value shall be added to the reactivity-adjusted methane value and then compared to the exhaust
NMOG mass emission standards established for the particular vehicle emission category to determine compliance.
b. Fleet Average Requirement. Each manufacturer shall certify PCs or LDTs to meet the exhaust mass emission standards for TLEVs, LEVs, ULEVs, or the
exhaust emission standards of sections 1960.1 (e)(1), 1960.1 (f)(1), or I960. 1 (f)(2), Title 13, California Code of Regulations, or as Zero-Emission Vehicles
such that the manufacturer's fleet average NMOG values for California-certified PCs and LDTs from 0-3750 lbs. LVW, and LDTs from 3751-5750 lbs.
LVW produced and delivered for sale in California are less than or equal to the requirement for the corresponding Model Year, Vehicle Type, and LVW
Class in section 1960.1 (g)(2), Title 13, California Code of Regulations.
4 NMOG Standards for Fuel-Flexible and Dual-Fuel Vehicles. Fuel-flexible and dual-fuel PCs and LDTs from 0-5750 lbs. LVW shall be certified to exhaust
mass emission standards for NMOG established for the operation of the vehicle on any available fuel other than gasoline, and gasoline.
a. Reactivity Adjustment. For TLEVs, LEVs, and ULEVs, when certifying for operation on a fuel other than gasoline, manufacturers shall multiply exhaust
NMOG certification levels by the applicable reactivity adjustment factor. In addition to multiplying the exhaust NMOG certification levels by the applicable
reactivity adjustment factor, exhaust methane certification levels for natural gas vehicles shall be multiplied by the applicable methane reactivity adjustment
factor and the resulting value shall be added to the reactivity-adjusted NMOG value. The exhaust NMOG certification levels for fuel-flexible or dual-fuel
vehicles when certifying on gasoline shall not be multiplied by a reactivity adjustment factor.
b. Standards for Fuel-Flexible and Duel-Fuel Vehicles Operating on Gasoline. For PCs and LDTs from 0-5750 lbs. LVW, the applicable exhaust mass emis-
sion standard for NMOG when certifying the vehicle for operation on gasoline shall be:
Page 215
Register 2004, No. 9; 2-27-2004
§ 1960.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
Vehicle
Type
Loaded Vehicle
Weight (LVW)
Emission
Category
Durability Vehicle Basis (g/mi)
50.000 Mile
100,000 Mile
PCS, LDT
All, 0-3750
TLEV
LEV
0.25
0.125
0.31
0.156
ULEV
0.075
0.090
LDT
3751-5750
TLEV
0.32
0.40
LEV
0.160
0.200
ULEV
0.100
0.130
5 Highway NOx. The maximum projected emissions of "Oxides of Nitrogen" (or "NOx") measured on the federal Highway Fuel Economy Test (HWFET; 40
CFR 600 Subpart B) shall be not greater than 1.33 times the applicable light-duty vehicle standards shown in the table. Both the projected emissions and the
HWFET standard shall be rounded in accordance with ASTM E29-67 to the nearest 0.1 g/mi before being compared.
6 Intermediate In-Use Compliance Standards. The following standards are intermediate in-use compliance standards for 50,000 and 1 00,000 miles for PCs and
LDTs from 0-5750 lbs. LVW, including fuel-flexible and dual-fuel vehicles when operating on any available fuel other than gasoline. Intermediate in-use
compliance standards shall apply to TLEVs through the 1995 model year as follows:
PCS and LDTs 0-3750 lbs. LVW
LDTs 3751-5750 lbs. LVW
NMOG (g/mi)
0.188
0.238
In-use compliance with standards beyond 50,000 miles shall be waived through the 1995 model year for TLEVs, and through the 1998 model year for LEVs
and ULEVs. For LEVs and ULEVs, the following intermediate in-use standards shall apply:
Vehicle Type
Durability
Vehicle
Basis
LEV (a/mi)
ULEV (g/mi)
Model
Year
NMOG
NOx
Model Year
NMOG
CO
NOx
PCS, 0-3750 lb. LVW
LDTs
50.000
through
1998
0.100
0.3
through
1998
0.058
2.6
0.3
50,000
1999
0.100
0.3
1999-2002
0.055
2.1
0.3
100.000
1999
0.125
0.4
1999-2002
0.075
3.4
0.4
3751-5750 lb. LVW
LDTs
50,000
through
1998
0.128
0.5
through
1998
0.075
3.3
0.5
50.000
1999
0.130
0.5
1999-2002
0.070
2.8
0.5
100,000
1999
0.160
0.7
1999-2002
0.100
4.4
0.7
a. Reactivity Adjustment. For TLEVs, LEVs, and ULEVs designed to operate on any fuel other than conventional gasoline, including fuel-flexible and dual-fuel
vehicles when operating on any fuel other than gasoline, exhaust NMOG mass emission results shall be multiplied by the applicable reactivity adjustment factor
to determine compliance with intermediate in-use compliance standards for NMOG. In addition to multiplying the exhaust NMOG emission results by the
applicable reactivity adjustment factor, the exhaust methane emission results for natural gas vehicles shall be multipled by the applicable methane reactivity
adjustment factor and the resulting value shall be added to the reactivity-adjusted NMOG value. Exhaust NMOG mass emissions from fuel-flexible or dual-
fuel vehicles when operating on gasoline shall not be multiplied by a reactivity adjustment factor.
b. Intermediate In-Use Standards for Fuel-Flexible and Dual-Fuel Vehicles Operating on Gasoline. For fuel-flexible and dual-fuel PCs and LDTs from 0-5750
lbs. LVW intermediate in-use compliance standards for NMOG emissions at 50,000 miles, when the vehicle is operated on gasoline, shall be:
Vehicle Type
PCS, LDT
Loaded Vehicle
Weight (LVW)
All. 0-3750
Emission
Category
TLEV
Durability Vehicle
Basis
(g/mi)
50,000 mi
0.32
LEV
0.188
ULEV
0.100
LDT
3751-5750
TLEV
0.41
LEV
0.238
ULEV
0.128
Intermediate in-use compliance standards shall apply to TLEVs through the 1995 model year, and to LEVs and ULEVs through the 1998 model year. In-use
compliance with standards beyond 50,000 miles shall be waived through the 1995 model year for TLEVs and through the 1998 model year for LEVs and ULEVs.
7 Diesel Standards. Manufacturers of diesel vehicles shall also certify to particulate standards at 1 00,000 miles. For all PCs and LDTs from 0-3750 lbs. LVW,
the particulate standard is 0.08 g/mi, 0.08 g/mi, and 0.04 g/mi for TLEVs, LEVs, and ULEVs, respectively. For LDTs from 3751-5750 lbs. LVW, the particu-
late standard is 0.10 g/mi, 0. lOg/mi, and 0.05 g/mi for TLEVs, LEVs and ULEVs, respectively. For diesel vehicles certifying to the standards set forth in Title
13, section 1960.1(g)(1), "NMOG" shall mean non-methane hydrocarbons.
8 50°F Requirement. Manufacturers shall demonstrate compliance with the above standards for NMOG, CO, and NOx at 50 degrees F according to the procedure
specified in section 1 1 k of the "California Exhaust Emission Standards and Test Procedures for 1988 Through 2000 Model Passenger Cars, Light-Duty Trucks,
and Medium-Duty Vehicles" as incorporated by reference in section 1960. l(k), or according to the procedure specified in section LLC. of the "California
Exhaust Standards and Test Procedures for 2001 and Subsequent Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles" as incorporated
by reference in section 1961(d), as applicable. Hybrid electric, natural gas, and diesel-fueled vehicles shall be exempt from 50 degrees F test requirements.
Page 216
Register 2004, No. 9; 2-27-2004
Title 13 Air Resources Board § 1960.1
9 Limit on In-Use Testing. In-use compliance testing shall be limited to vehicles with fewer than 75,000 miles.
10 HEV Requirements. Deterioration factors for hybrid electric vehicles shall be based on the emissions and mileage accumulation of the auxiliary power unit.
For certification purposes only, Type A hybrid electric vehicles shall demonstrate compliance with 50,000 mile emission standards (using 50,000 mile deterio-
ration factors), and demonstrating compliance with 1 00,000 mile emission standards shall not be required. For certification purposes only, Type B hybrid elec-
tric vehicles shall demonstrate compliance with 50,000 mile emission standards (using 50,000 mile deterioration factors) and 100,000 mile emission standards
(using 75,000 mile deterioration factors). For certification purposes only, Type C hybrid electric vehicles shall demonstrate compliance with 50,000 mile emis-
sion standards (using 50,000 mile deterioration factors) and 100,000 mile emission standards (using 100,000 mile deterioration factors).
1 ' NMOG Credit for Direct Ozone Reduction Technology. A manufacturer that certifies vehicles equipped with direct ozone reduction technologies shall be eligi-
ble to receive NMOG credits that can be applied to the NMOG exhaust emissions of the vehicle when determining compliance with the standard. In order to
receive credit, the manufacturer must submit the following information for each vehicle model, including, but not limited to:
(a) a demonstration of the airflow rate through the direct ozone reduction device and the ozone-reducing efficiency of the device over the range of speeds encoun-
tered in the SFTP test cycle;
(b) an evaluation of the durability of the device for the full useful life of the vehicle; and
(c) a description of the on-board diagnostic strategy for monitoring the performance of the device in-use.
Using the above information, the Executive Officer shall determine the value of the NMOG credit based on the calculated change in the one-hour peak ozone
level using an approved airshed model.
(g)(2) The fleet average non-methane organic gas exhaust emission for sale in California by a manufacturer each model year from 1994
values from passenger cars and light-duty trucks produced and delivered through 2000 shall not exceed:
FLEET AVERAGE NON-METHANE ORGANIC GAS EXHAUST EMISSION REQUIREMENTS
FOR LIGHT-DUTY VEHICLE WEIGHT CLASSES789
[grams per mile (or "g/mi")]
Loaded Durability
Vehicle Vehicle Fleet Average
Vehicle Weight Basis Model Non-Methane
Type1 (lbs.) (mi)7 Year Organic Gases2-*'4'5-6
PC and All 50,000 1994 0.250
LDT 0-3750 1995 0.231
0.225
0.202
0.157
0.113
0.073
LDT 3751-5750 50,000 1994 0.320
0.295
0.287
0.260
0.205
0.150
0.099
Durability
Vehicle
Basis
Model
(mi)7
Year
50,000
1994
1995
1996
1997
1998
1999
2000
50,000
1994
1995
1996
1997
1998
1999
2000
Page 217 Register 2004, No. 9; 2-27-2004
§ 1960.1 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 13
1 "PC" means passenger cars.
"LDT" means light-duty trucks.
"TLEV" means transitional low-emission vehicle.
"LEV" means low-emission vehicle.
"ULEV" means ultra-low-emission vehicle.
"LVW" means loaded vehicle weight.
2 "Non-Methane Organic Gases" (or "NMOG") means the total mass of oxygenated and non-oxygenated hydrocarbon emissions.
3 HEV Categories. For the puipose of calculating fleet average NMOG values, a manufacturer may adjust the certification levels of hybrid electric vehicles
(or "HEVs") based on the range of the HEV without the use of the engine. For the purpose of calculating the adjusted NMOG emissions, the following defini-
tions shall apply:
"Type A HEV shall mean an HEV which achieves a minimum range of 60 miles over the All-Electric Range Test as defined in "California Exhaust Emission
Standards and Test Procedures for 1988 Through 2000 Model Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles" as incorporated by refer-
ence in section 1 960. 1 (k), or in "California Exhaust Emission Standards and Test Procedures for 2001 and Subsequent Model Passenger Cars, Light-Duty
Trucks, and Medium-Duty Vehicles" as incorporated by reference in section 1961(d), as applicable.
"Type B HEV shall mean an HEV which achieves a range of 40-59 miles over the All-Electric Range Test as defined in "California Exhaust Emission
Standards and Test Procedures for 1988 Through 2000 Model Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles" as incorporated by refer-
ence in section 1 960. 1 (k), or in "California Exhaust Emission Standards and Test Procedures for 2001 and Subsequent Model Passenger Cars, Light-Duty
Trucks, and Medium-Duty Vehicles" as incorporated by reference in section 1961(d), as applicable.
"Type C HEV shall mean an HEV which achieves a range of 0-39 miles over the All-Electric Range Test as defined in "California Exhaust Emission Stan-
dards and Test Procedures for 1988 Through 2000 Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles" as incorporated by reference
in section 1960.1(k), or in "California Exhaust Emission Standards and Test Procedures for 2001 and Subsequent Model Passenger Cars, Light-Duty
Trucks, and Medium-Duty Vehicles" as incorporated by reference in section 1961(d), as applicable, and all other HEVs excluding "Type A" and "Type
B" HEVs.
a. For the purpose of calculating fleet average NMOG values, vehicles which have no tailpipe emissions but use fuel-fired heaters and which are not certified
as ZEVs shall be treated as "Type A HEV ULEVs."
4 Calculation of Fleet Average NMOG Value (PCS and LDTs 0-3750 lbs. L\/W). Each manufacturer's fleet average NMOG value for the total number of PCs
and LDTs from 0-3750 lbs. LVW produced and delivered for sale in California shall be calculated in units of g/mi NMOG according to the following equa-
tion, where the term "Produced" means produced and delivered for sale in California:
{ [(No. of Vehicles Certified to the Exhaust Emission Standards in section 1960.1(e)(1) and Produced) x (0.39)] +
[No. of Vehicles Certified to the Phase-In Exhaust Emission Standards in section 1960.1(0(1) and Produced x (0.25)] +
[No. of Vehicles Certified to the Phase-Out Exhaust Emission Standards in section 1960.1(f)(1) and Produced x (0.39)] +
[(No. of Vehicles Certified to the Exhaust Emission Standards in section 1960. 1(f)(2) and Produced) x (0.25)] +
[(No. of TLEVs excluding HEVs and Produced) x (0. 125)] +
[(No. of LEVs excluding HEVs and Produced) x (0.075)] +
[(No. of ULEVs excluding HEVs and Produced) x (0.040)] +
(HEV contribution factor)} ■*-
(Total No. of Vehicles Produced, Including Zero-Emission Vehicles and HEVs):
a. "HEV contribution factor" shall mean the NMOG emission contribution of HEVs to the fleet average NMOG value. The HEV contribution factor shall
be calculated in units of g/mi as follows, where the term "Produced" means produced and delivered for sale in California:
HEV contribution factor = {[No. of "Type A HEV" TLEVs Produced] x (0.100) +
[No. of "Type B HEV" TLEVs Produced] x (0.1 13) +
[No. of "Type C HEV" TLEVs Produced] x (0.125)} +
{ [No. of "Type A HEV" LEVs Produced] x (0.057) +
[No. of "Type B HEV" LEVs Produced] x (0.066) +
[No. of "Type C HEV" LEVs Produced] x (0.075)} +
{ [No. of "Type A HEV" ULEVs Produced] x (0.020) +
[No. of "Type B HEV" ULEVs Produced] x (0.030) +
[No. of "Type C HEV" ULEVs Produced] x (0.040)}
b. "Zero-Emission Vehicles" (or "ZEVs") classified as LDTs 3751-5750 lbs. LVW which have been counted toward the ZEV requirements for PCs and
LDTs 0-3750 lbs. LVW as specified in note (9) shall be included in the equation of note (4).
c. Beginning with the 1996 model year, manufacturers that produce and deliver for sale in California PCs and LDTs 0-3750 lbs. LVW that are certified to
federal Tier I exhaust emission standards in 40 CFR 86.094-8 and 86.094-9 shall add the following term to the numerator of the fleet average NMOG
equation in note (4) and calculate their fleet average NMOG values accordingly:
[(No. of Vehicles Certified to federal Tier 1 exhaust emission standards and Produced) x (0.25)]
5 Calculation of Fleet Average NMOG Value (LDTs 3751-5750 lbs. LVW). Manufacturers that certify LDTs from 3751-5750 lbs. LVW, shall calculate a fleet
average NMOG value in units of g/mi NMOG according to the following equation, where the term "Produced" means produced and delivered for sale in
California:
{[(No. of Vehicles Certified to the Exhaust Emission Standards in section 1960.1(e)(1), and Produced x (0.50)] +
[(No. of Vehicles Certified to the Phase-In Exhaust Emission Standards in section 1960.1(f)(1), and Produced x (0.32)] +
[No. of Vehicles Certified to the Phase-Out Exhaust Standards in section 1960.1(f)(1), and Produced x (0.50)] +
[(No. of Vehicles Certified to the Exhaust Emission Standards in section 1960.1 (f)(2), and Produced x (0.32)] +
[(No. of TLEVs Produced excluding HEVs) x (0.160)] +
[(No. of LEVs Produced excluding HEVs) x (0.100)] +
[(No. of ULEVs Produced excluding HEVs) x (0.050)] + (HEV contribution factor) } +
(Total No. of Vehicles Produced, Including ZEVs and HEVs).
a. "HEV contribution factor" shall mean the NMOG emission contribution of HEVs to the fleet average NMOG. The HEV contribution factor shall be calcu-
lated in units of g/mi as follows, where the term "Produced" means produced and delivered for sale in California:
HEV contribution factor =
{ [No. of "Type A HEV" TLEVs Produced] x (0.130) +
[No. of "Type B HEV" TLEVs Produced] x (0.145) +
[No. of "Type C HEV" TLEVs Produced] x (0.160)} +
{ [No. of "Type A HEV" LEVs Produced] x (0.075) +
[No. of "Type B HEV" LEVs Produced] x (0.087) +
[No. of "Type C HEV" LEVs Produced] x (0.100)} +
{[No. of "Type A HEV" ULEVs Produced] x (0.025) +
[No. of "Type B HEV" ULEVs Produced] x (0.037) +
[No. of "Type C HEV" ULEVs Produced] x (0.050)}
b. Only ZEVs which have been certified as LDTs 375 1-5750 lbs. LVW and which have not been counted toward the ZEV requirements for PCs and LDTs
0-3750 lbs. LVW as specified in note (9) shall be included in the equation of note (5).
Page 218 Register 2004, No. 9; 2-27-2004
Title 13 Air Resources Board § 1960.1
c. Beginning with the 1996 model year, manufacturers that produce and deliver for sale in California LDTs 3751-5750 lbs. LVW that are certified to the
Tier 1 exhaust emission standards in 40 CFR 86.094-9 shall add the following term to the numerator of the fleet average NMOG equation in note (5) and
calculate their fleet average NMOG values accordingly:
[(No. of Vehicles Certified to federal Tier I exhaust emission standards and Produced and Delivered for Sale in California) x (0.32)]
6 Requirements for Small Volume Manufacturers. As used in this subsection, the term "small volume manufacturer" shall mean any vehicle manufacturer with
California sales less than or equal to 3000 new PCs. LDTs and MDVs per model year based on the average number of vehicles sold by the manufacturer
each model year from 1989 to 1991, except as noted below. For manufacturers certifying for the first time in California, model-year sales shall be based
on projected California sales. In 2000 and subsequent model years, small volume manufacturers shall comply with the fleet average NMOG requirements
set forth below.
a. Prior to the model year 2000, compliance with the specified fleet average NMOG requirements shall be waived.
b. In the 2000 model year, small volume manufacturers shall not exceed a fleet average NMOG value of 0.075 g/mi for PCs and LDTs from 0-3750 lbs.
LVW calculated in accordance with note (4).
c. In the 2000 model year, small volume manufacturers shall not exceed a fleet average NMOG value of 0.100 g/mi for LDTs from 3751-5750 lbs. LVW
calculated in accordance with note (5).
d. If a manufacturer's average California sales exceeds 3000 units of new PCs, LDTs, and MDVs based on the average number of vehicles sold for any three
consecutive model years, the manufacturer shall no longer be treated as a small volume manufacturer and shall comply with the fleet average requirements
applicable for larger manufacturers as specified in section 1960.1(g)(2) beginning with the fourth model year after the last of the three consecutive model
years.
e. If a manufacturer's average California sales falls below 3000 units of new PCs, LDTs. and MDVs based on the average number of vehicles sold for any
three consecutive model years, the manufacturer shall be treated as a small volume manufacturer and shall be subject to requirements for small volume
manufacturers as specified in section 1960.1(g)(2) beginning with the next model year.
7 Calculation of NMOG Credits/Debits and Procedures for Offsetting Debits.
a. In 1 992 through 2000 model years, manufacturers that achieve fleet average NMOG values lower than the fleet average NMOG requirement for the corre-
sponding model year shall receive credits in units of g/mi NMOG determined as: { [(Fleet Average NMOG Requirement) - (Manufacturer's Fleet Average
NMOG Value)] x (Total No. of Vehicles Produced and Delivered for Sale in California, Including ZEVs and HEVs)}.
Manufacturers with fleet average NMOG values greater than the fleet average requirement for the corresponding model year shall receive debits in units
of g/mi NMOG equal to the amount of negative credits determined by the aforementioned equation. For any given model year, the total g/mi NMOG credits
or debits earned for PCs and LDTs 0-3750 lbs. LVW and for LDTs 3751-5750 lbs. LVW shall be summed together. The resulting amount shall constitute
the g/mi NMOG credits or debits accrued by the manufacturer for the model year.
b. For the 1994 through 1997 model years, manufacturers shall equalize emission debits within three model years and prior to the end of the 1998 model
year by earning g/mi NMOG emission credits in an amount equal to their g/mi NMOG debits, or by submitting a commensurate amount of g/mi NMOG
credits to the Executive Officer that were earned previously or acquired from another manufacturer. For 1998 through 2000 model years, manufacturers
shall equalize emission debits by the end of the following model year. If emission debits are not equalized within the specified time period, the manufacturer
shall be subject to the Health and Safety Code section 4321 1 civil penalty applicable to a manufacturer which sells a new motor vehicle that does not meet
the applicable emission standards adopted by the state board. The cause of action shall be deemed to accrue when the emission debits are not equalized
by the end of the specified time period. For the purposes of Health and Safety Code section 43211, the number of vehicles not meeting the state board's
emission standards shall be determined by dividing the total amount of g/mi NMOG emission debits for the model year by the g/mi NMOG fleet average
requirement for PCs and LDTs 0-3750 lbs. LVW applicable for the model year in which the debits were first incurred.
c. The g/mi NMOG emission credits earned in any given model year shall retain full value through the subsequent model year. The g/mi NMOG value of
any credits not used to equalize the previous model-year's debit, shall be discounted by 50% at the beginning of the second model year after being earned,
discounted to 25% of its original value if not used by the beginning of the third model year after being earned, and will have no value if not used by the
beginning of the fourth model year after being earned.
d. In order to verify the status of a manufacturer's compliance with the fleet average requirements for a given model year, and in order to confirm the accrual
of NMOG credits or debits, each manufacturer shall submit an annual report to the Executive Office which sets forth the production data used to establish
compliance, by no later than March 1 of the calendar year following the close of the completed model year.
8 Credits for Pre-1994 Model Year Vehicles. Manufacturers that produce and deliver for sale in California vehicles certified to the phase-in exhaust emission
standards in section 1960.1(0(1), or vehicles certified to the exhaust emission standards in sections 1960.1(f)(2) or 1960.1(g)(1) and/or ZEVs, in the 1992
and 1993 model years, shall receive emission credits as determined by the equations in footnotes (4), (5), and (7).
a. For PCs and LDTs from 0-3750 lbs. LVW, the fleet average NMOG requirement for calculating a manufacturer' s emission credits shall be 0.390 and 0.334
g/mi NMOG for vehicles certified for the 1992 and 1993 model years, respectively.
b. For LDTs from 3751-5750 lbs. LVW, the fleet average NMOG requirement for calculating a manufacturer's emission credits shall be 0.500 and 0.428
g/mi NMOG for vehicles certified for the 1992 and 1993 model years, respectively.
c. Emission credits earned prior to the 1994 model year shall be considered as earned in the 1994 model year and discounted in accordance with the schedule
specified in footnote (7).
Page 219 Register 2004, No. 9; 2-27-2004
§ 1960.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(h)(1) "Tier 1" Exhaust Emission Standards for MDVs. The exhaust
emissions from new 1995 through 2003 model Tier 1 medium-duty ve-
hicles shall not exceed:
1995-2003 MODEL-YEAR TIER 1
MEDIUM-DUTY VEHICLE EXHAUST EMISSIONS STANDARDS1-23 J*
(grams per mile)
Durability
Test
Vehicle
Weight (lbs.)
Basis (mi)
0-3.750
50,000
0-3,750
120,000
3,751-5,750
50,000
3,751-5,750
120,000
5,751-8,500
50,000
5,751-8,500
120,000
8,501-10,000
50,000
8,501-10,000
120,000
10,001-14,000
50,000
10,001-14,000
120,000
Non-Methane
Carbon
Oxides of
Hydrocarbons^
Monoxide
Nitrogen?
Particula
0.25
3.4
0.4
n/a
0.36
5.0
0.55
0.08
0.32
4.4
0.7
n/a
0.46
6.4
0.98
0.10
0.39
5.0
1.1
n/a
0.56
7.3
1.53
0.12
0.46
5.5
1.3
n/a
0.66
8.1
1.81
0.12
0.60
7.0
2.0
n/a
0.86
10.3
2.77
0.12
1 "n/a" means not applicable.
"Test Weight" shall mean the average of the vehicle's curb weight and gross vehicle weight.
2 Manufacturers have the option of certifying engines used in incomplete and diesel medium-duty vehicles from 8501-14,000 pounds, gross vehicle weight to
the heavy-duty engine standards and test procedures set forth in section 1956.8(e), Title 13, California Code of Regulations. Manufacturers certifying incomplete
or diesel medium-duty vehicles to the heavy-duty engine standards and test procedures shall specify, in the application for certification, an in-use compliance
test procedure, as provided in section 2139(c), Title 13, California Code of Regulations.
3 For the 1 995 model-year only, manufacturers of medium-duty vehicles may certify a maximum of 50 percent of their vehicles to the applicable 1 994 model-year
standards and test procedures. For the 1 995 model year only, small volume manufacturers may certify 100 percent of their vehicles to the applicable 1 994 model-
year standards and test procedures. The percentage shall be based upon each manufacturer's projected sales of California-certified medium-duty vehicles.
4 For methanol- and ethanol-fueled vehicles certifying to these standards, including flexible-fueled vehicles when certifying on methanol or ethanol, "Non-Me-
thane Hydrocarbons" shall mean "Organic Material Non-Methane Hydrocarbon Equivalent" (or "OMNMHCE").
5 The maximum projected emissions of oxides of nitrogen measured on the federal Highway Fuel Economy Test (HWFET; 40 CFR Part 600 Subpart B) shall be
not greater than 2.00 times the applicable medium-duty vehicle standards shown in the table. Both the projected emissions and the HWFET standards shall be
rounded in accordance with ASTM E29-67 to the nearest 0.1 g/mi before being compared.
6 Particulate standards are only applicable for diesel vehicles and shall be determined on a 120,000 mile basis.
7 In-use compliance testing shall be limited to vehicles with less than 90,000 miles. For the 1995 through 1997 models, alternative in-use compliance is available
for medium-duty vehicle manufacturers. A manufacturer may use alternative in-use compliance for up to 100 percent of its fleet in the 1995 and 1996 model
years and up to 50 percent of its fleet in the 1997 model year. Small volume manufacturers may use alternative in-use compliance for up to 100 percent of their
fleets in the 1995 through 1997 model years. The percentages shall be determined from the manufacturers' projected California sales of medium-duty vehicles.
For vehicles certified to the standards and test procedures of this subsection, "alternative in-use compliance" shall consist of an in-use allowance of 25 percent
over the applicable 1 995 model-year non-methane hydrocarbon, carbon monoxide, and oxides of nitrogen 50,000 mile emission standards and a waiver of the
emission standards beyond 50,000 miles.
8 All medium-duty vehicles, except diesel-fueled vehicles and those incomplete and diesel vehicles certifying to heavy-duty engine test procedures, are subject
to 50,000 mile and 120,000 mile non-methane hydrocarbon, carbon monoxide, and oxides of nitrogen standards. Diesel-fueled vehicles shall be subject to
120,000 mile non-methane hydrocarbon, carbon monoxide, oxides of nitrogen, and particulate standards only.
Page 220
Register 2004, No. 9; 2-27-2004
Title 13
Air Resources Board
§ 1960.1
(h)(2) "LEV I" Exhaust Emission Standards for MDVs. The exhaust
emissions from new 1992 through 2006 model-year medium-duty LEV
I low-emission vehicles, ultra-low-emission vehicles and super-ultra-
low-emission vehicles shall not exceed:
LEV I EXHAUST EMISSION STANDARDS FOR LOW-EMISSION VEHICLES,
ULTRA-LOW-EMISSION VEHICLES AND SUPER-ULTRA-LOW-EMISSION
VEHICLES IN THE MEDIUM-DUTY VEHICLE
WEIGHT CLASS8^11'12^3'14-15'16
[grams per mile (or "g/mi")]
Test
Weight (lbs.)1
0-3750
3751-5750
5751-8500
8501-
10,000
10,001-
14,000
Durability
Vehicle
Basis
(mi)
50,000
120,000
50,000
120,000
50,000
120,000
50,000
120,000
50,000
120,000
Vehicle
Emission
Non-Methane
Category1
Organic Gases^-4
LEV
0.125
ULEV
0.075
LEV
0.180
ULEV
0.107
LEV
0.160
ULEV
0.100
SULEV
0.050
LEV
0.230
ULEV
0.143
SULEV
0.072
LEV
0.195
ULEV
0.117
SULEV
0.059
LEV
0.280
ULEV
0.167
SULEV
0.084
LEV
0.230
ULEV
0.138
SULEV
0.069
LEV
0.330
ULEV
0.197
SULEV
0.100
LEV
0.300
ULEV
0.180
SULEV
0.09
LEV
0.430
ULEV
0.257
SULEV
0.130
Carbon
Monoxide
3.4
1.7
5.0
2.5
4.4
4.4
2 2
6.4
6.4
3.2
5.0
5.0
2.5
7.3
7.3
3.7
5.5
5.5
2.8
8.1
8.1
4.1
7.0
7.0
3.5
10.3
10.3
5.2
Oxides of
Nitrogen5
0.4
0.2
0.6
0.3
0.4
0.4
0.2
0.6
0.6
0.3
0.6
0.6
0.3
0.9
0.9
0.45
0.7
0.7
0.35
1.0
1.0
0.5
1.0
1.0
0.5
1.5
1.5
0.7
Particulates^'
n/a
n/a
0.08
0.04
n/a
n/a
n/a
0.10
0.05
0.05
n/a
n/a
n/a
0.12
0.06
0.06
n/a
n/a
n/a
0.12
0.06
0.06
n/a
n/a
n/a
0.12
0.06
0.06
Page 221
Register 2004, No. 9; 2-27-2004
§ 1960.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
1 "Test Weight" (or "TW") shall mean the average of the vehicle's curb weight and gross vehicle weight.
"Non-Methane Organic Gases" (or "NMOG") means the total mass of oxygenated and non-oxygenated hydrocarbon emissions.
2 "LEV" means low-emission vehicle.
"ULEV" means ultra-low-emission vehicle.
"SULEV" means super-ultra-low-emission vehicle.
3 Compliance with NMOG Standards. To determine compliance with an NMOG standard. NMOG emissions shall be measured in accordance with the "Califor-
nia Non-Methane Organic Gas Test Procedures" adopted July 12, 1991 and last amended July 30, 2002, which is incorporated herein by reference.
a. Reactivity Adjustment. ForLEVs and ULEVs certified to operate on an available fuel other than conventional gasoline, including fuel-flexible or dual-fuel
vehicles when certifying on a fuel other than gasoline, manufacturers shall multiply the exhaust NMOG certification levels by the applicable reactivity
adjustment factor set forth in section 1 3 of the "California Exhaust Emission Standards and Test Procedures for 1988 Through 2000 Model Passenger Cars,
Light-Duty Trucks, and Medium-Duty Vehicles" as incorporated by reference in section 1960. l(k), or in section I.E. 5. of the "California Exhaust Emis-
sion Standards and Test Procedures for 2001 and Subsequent Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles" as incorporated
by reference in section 1961(d), or established by the Executive Officer pursuant to Appendix VIII or section II. D. respectively of the foregoing test proce-
dures. In addition, natural gas vehicles certifying to LEV or ULEV standards shall calculate a reactivity-adjusted methane exhaust emission value by multi-
plying the methane exhaust certification level by the applicable methane reactivity adjustment factor set forth in section 1 3 or in section I.E. 5. of the above-
referenced test procedures as applicable. The product of the exhaust NMOG certification levels and the reactivity adjustment factor shall be compared
to the exhaust NMOG mass emission standard established for the particular vehicle emission category to determine compliance. For natural gas vehicles,
the reactivity-adjusted NMOG value shall be added to the reactivity-adjusted methane value and then compared to the exhaust NMOG mass emission
standards established for the particular vehicle emission category to determine compliance.
b. Pre-1998 NOx standards. Prior to the 1998 model year, the 50.000 mile and 120,000 mile LEV exhaust mass emission standards for NOx shall be: 0.7
and 1.0 g/mi for MDVs from 3751-5750 lbs. TW, 1.1 and 1.5 e/mi MDVs from 5751-8500 lbs. TW, 1.3 and 1.8 g/mi for MDVs from 8501-10,000 lbs.
TW, and 2.0 and 2.8 g/mi for MDVs from 10,001-14,000 lbs. TW, respectively.
4 NMOG Standards for Fuel-Flexible and Dual-Fuel Vehicles. Fuel-flexible and dual-fuel medium-duty vehicles (or "MDVs") from 0-14,000 lbs. TW shall
be certified to exhaust mass emission standards for NMOG established for the operation of the vehicle on a fuel other than gasoline, and gasoline.
a. Reactivity Adjustment. For LEVs and ULEVs when certifying on the fuel other than gasoline, manufactures shall multiply the exhaust NMOG certification
levels by the applicable reactivity adjustment factor. In addition to multiplying the exhaust NMOG certification levels by the applicable reactivity adjust-
ment factor, the exhaust methane certification level for natural gas vehicles shall be multipled by the applicable methane reactivity adjustment factor and
the resulting value shall be added to the reactivity-adjusted NMOG value. When certifying on gasoline, the exhaust NMOG certification levels of fuel-flex-
ible and dual-fuel vehicles shall not be multiplied by a reactivity adjustment factor.
b. Standards for Fuel-Flexible and Dual-Fuel Vehicles Operating on Gasoline. For MDVs from 14,000 lbs. TW, the applicable exhaust mass emission stan-
dard for NMOG when certifying the vehicle for operation on gasoline shall be:
Test Weight
(lbs.)
Vehicle Emission
Category
50,000
(g/mi)
120,000
(g/mi)
0-3750
LEV
0.25
0.36
ULEV
0.125
0.180
3751-5750
LEV
0.32
0.46
ULEV
0.160
0.230
SULEV
0.100
0.143
5751-8500
LEV
0.39
0.56
ULEV
0.195
0.280
SULEV
0.117
0.167
8501-10,000
LEV
0.46
0.66
ULEV
0.230
0.330
SULEV
0.138
0.197
10,001-14,000
LEV
0.60
0.86
ULEV
0.300
0.430
SULEV
0.180
0.257
Page 222
Register 2004, No. 9; 2-27-2004
Title 13
Air Resources Board
§ 1960.1
5 Highway NOx. The maximum projected emissions of "Oxides of Nitrogen" (or "NOx") measured on the federal Highway Fuel Economy Test (HWFET;
40 CFR Part 600 Subpart B) shall be not greater than 2.00 times the applicable MDV standards shown in the table. Both the projected emissions and the
HWFET standard shall be rounded in accordance with ASTM E29-67 to the nearest 0.1 g/mi before being compared.
6 Particulate standards are only applicable for diesel vehicles and shall be determined on a 120,000 mile basis.
7 "n/a" means not applicable.
8 Certification of Incomplete and Diesel Vehicles. Manufacturers have the option of certifying engines used in incomplete and diesel MDVs to the heavy-duty
engine standards and test procedures set forth in section 1 956.8(g) or (h), Title 1 3, California Code of Regulations. Manufacturers certifying incomplete
or diesel MDVs to the heavy-duty engine standards and test procedures shall specify in the application for certification an in-use compliance procedure
as provided in section 2139(c), Title 13, California Code of Regulations. For diesel vehicles certifying to the standards set forth in Title 13, section
1960.1(h)(2), "NMOG" shall mean non-methane hydrocarbons.
9 Intermediate In-Use Compliance Standards. The following intermediate in-use compliance standards for 50.000 miles and 120,000 miles for MDVs from
3751-14.000 lbs. TW, including fuel-flexible and dual-fuel vehicles when operating on an available fuel other than gasoline, shall apply for the specified
model years only:
Intermediate In-Use Compliance Standards*
(in grams per mile)
Emission
Category
Model
Year
Durability
Vehicle
Basis (mi)
3751-5750 lbs.
5751-8500 lbs.
8501-10.000 lbs.
10,001-14.000 lbs.
NMOG
NOx
NMOG
NOx
NMOG
NOx
NMOG
NOx
LEV
through
1997
50,000
0.238
0.7
0.293
1.1
0.345
1.3
0.450
2.0
1998-
1999
50,000
0.238
0.6
0.293
0.9
0.345
1.0
0.450
1.5
2000
50,000
—
0.6
—
0.9
—
1.0
—
1.5
2000
120,000
—
0.8
—
1.2
—
1.3
—
2.0
ULEV
through
1999
50,000
0.128
0.6
0.156
0.9
0.184
1.0
0.240
1.5
2000
50,000
0.128
0.6
0.156
0.9
0.184
1.0
0.240
1.5
2000
120,000
0.160
0.8
0.195
1.2
0.230
1.3
0.300
2.0
2001-
2002
50,000
0.128
—
0.156
—
0.184
—
0.240
—
2001-
2002
120,000
0.160
—
0.195
—
0.230
—
0.300
—
SULEV
through
2002
50,000
0.072
0.3
0.084
0.45
0.100
0.5
0.130
0.7
2002
120,000
0.100
0.4
0.117
0.6
0.138
0.65
0.180
1.0
In-use compliance with standards beyond 50,000 miles shall be waived through the 1999 model year for LEVs and ULEVs and through the 2001 model
year for SULEVs. Dashes mean that the standard in the section (h)92) table applies.
*Dashes mean that the standard in the section (h)(2) table applies.
Page 223
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§ 1960.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
a. Reactivity Adjustment. ForLEVs and ULEVs designed to operate on any available fuel other than conventional gasoline, including fuel-flexible and dual-
fuel vehicles when operating on any available fuel other than gasoline, NMOG exhaust mass emission results shall be multiplied by the applicable reactivity
adjustment faclor to determine compliance with intermediate in-use compliance standards for NMOG. In addition to multiplying the exhaust NMOG mass
emission results by the applicable reactivity adjustment factor, natural gas vehicles shall multiply the exhaust methane mass emission results by the applica-
ble methane reactivity adjustment factor and add that value to the reactivity-adjusted NMOG value. For fuel-flexible and dual-fuel vehicles when operat-
ing on gasoline, NMOG emission results shall not be multiplied by a reactivity adjustment factor.
b. Gasoline Standards for Fuel-Flexible and Dual-Fuel Vehicles. For fuel-flexible and dual-fuel MD Vs from 0-1 4,000 lbs. TW, intermediate in-use com-
pliance standards for NMOG emissions at 50,000 miles when the vehicle is operated on gasoline, shall be:
Fuel-Flexible and Dual-Fuel MDVs
Intermediate In-Use Compliance Standards
Test Weight (lbs.)
Vehicle Emission Category
50,000 (g/mi)
0-3750
LEV
0.32
ULEV
0.188
3751-5750
LEV
0.41
ULEV
0.238
SULEV
0.128
5751-8500
LEV
0.49
ULEV
0.293
SULEV
0.156
8501-10,000
LEV
0.58
ULEV
0.345
SULEV
0.184
10,000-14,000
LEV
0.75
ULEV
0.450
SULEV
0.240
Intermediate in-use compliance standards shall apply to LEVs and ULEVs through the 1 999 model year and to SULEVs through the 2001 model year. Com-
pliance with the standards beyond 50,000 miles shall be waived through the 1999 model year for LEVs and ULEVs and through the 2001 model year for
SULEVs.
10 Medium-Duty Vehicle Phase-In Requirements. Each manufacturer's MDV fleet shall be defined as the total number of MDVs from 0-14,000 lbs. TW certi-
fied and produced and delivered for sale in California,
a. Manufacturers of MDVs shall certify an equivalent percentage of their MDV fleet according to the following phase-in schedule:
Model
Year
Vehicles Certified to Title 13 CCR
Section 1960.1(h)(1) or (h)(2)
(%)
Vehicles Certified to Title 13 CCR
Section 1956.8(g) or (h)
(%)
Tier 1
LEV
ULEV
Tier 1
LEV
ULEV
1998
1999
2000
73
48
23
25
50
75
2
2
2
100
100
100
0
0
0
0
0
0
c. The percentages shall be appled to the manufacturer's total production of California-certified medium-duty vehicles delivered for sale in California.
d. These requirements shall not apply to small volume manufacturers. Small volume manufacturers shall comply with the requirements of note (16) below.
1 ' Definition of HEV. For the purpose of calculating "Vehicle Equivalent Credits" (or "VECs"), the contribution of hybrid electric vehicles (or "HEVs") will
be calculated based on the range of the HEV without the use of the engine. For the purpose of calculating the contribution of HEVs to the VECs, the following
definitions shall apply:
"Type A HEV" shall mean an HEV which achieves a minimum range of 60 miles over the All-Electric Range Test as defined in the "California Exhaust
Emission Standards and Test Procedures for 1988 Through 2000 Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles" as incorporated
by reference in section 1960. l(k), or in "California Exhaust Emission Standards and Test Procedures for 2001 and Subsequent Model Passenger Cars,
Light-Duty Trucks, and Medium-Duty Vehicles" as incorporated by reference in section 1961(d), as applicable.
"Type B HEV" shall mean an HEV which achieves a range of 40-59 miles over the All-Electric Range Test as defined in the "California Exhaust Emission
Standards and Test Procedures for 1988 Through 2000 Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles" as incorporated by refer-
ence in section 1 960. l(k), or in "California Exhaust Emission Standards and Test Procedures for 2001 and Subsequent Model Passenger Cars, Light-Duty
Trucks, and Medium-Duty Vehicles" as incorporated by reference in section 1961(d), as applicable.
"Type C HEV" shall mean an HEV which achieves a range of 0-39 miles over the All-Electric Range Test as defined in the "California Exhaust Emission
Standards and Test Procedures for 1988 Through 2000 Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles" as incorporated by refer-
ence in section 1960.1(k), or in "California Exhaust Emission Standards and Test Procedures for 2001 and Subsequent Model Passenger Cars, Light-Duty
Trucks, and Medium-Duty Vehicles" as incorporated by reference in section 1961(d), as applicable, and all other HEVs excluding "Type A" and "Type
B" HEVs.
a. For the purpose of calculating VECs, electric vehicles which utilize fuel fired heaters and which are not otherwise certified as ZEVs shall be treated
as "Type A HEV ULEVs."
12 Calculation of Vehicle Equivalent Credits. In 1992 through 2000 model years, manufacturers that produce and deliver for sale in California MDVs in excess
of the equivalent requirements for LEVs and/or ULEVs certified to the exhaust emission standards set forth in this section (h)(2) or Title 13, CCR Section
1956.8(h), shall receive VECs calculated in accordance with the following equation, where the term "Produced" means produced and delivered for sale in
California:
{[(No. of LEVs Produced excluding HEVs) + (No. of "Type C HEV" LEVs Produced)] +
[(No. of "Type A HEV" LEVs Produced) x (1 .2)] +
[(No. of "Type B HEV" LEVs Produced) x (1.1)] -
(Equivalent No. of LEVs Required to be Produced) }+
{(1.4) x [(No. of ULEVs Produced excluding HEVs) + (No. of "Type C HEV" ULEVs Produced) ] +
[(1 .7) x (No. of "Type A HEV" ULEVs Produced)] +
[(1.5) x (No. of "Type B HEV" ULEVs Produced) ] -
[(1.4) x (Equivalent No. of ULEVs Required to be Produced)]} +
{ [(1 .7) x [(No. of SULEVs Produced excluding HEVs) + (No. of "Type C HEV" SULEVs Produced)] +
[(No. of "Type A HEV" SULEVs Produced) x (1.7)] +
[(No. of "Type B HEV" SULEVs) x (1.5)] -
[(1 .7) x [(Equivalent No. of SULEVs Required to be Produced)] } +
[(2.0) x (No. of ZEVs Certified and Produced as MDVs)].
a. Manufacturers that fail to produce and deliver for sale in California the equivalent quantity of MDVs certified to LEV and/or ULEV exhaust emission
standards, shall receive "Vehicle-Equivalent Debits" (or "VEDs") equal to the amount of negative VECs determined by the aforementioned equation.
Page 224
Register 2004, No. 9; 2-27-2004
Title 13 Air Resources Board § 1960.1
b. Manufacturers shall equalize emission debits within one model year by earning VECs in an amount equal to their previous model-year's
total of VEDs, or by submitting a commensurate amount of VECs to the Executive Officer that were earned previously or acquired from
another manufacturer. Any manufacturer which fails to equalize emission debits within the specified time period shall be subject to the
Health and Safety Code civil penalty applicable to a manufacturer which sells a new motor vehicle that does not meet the applicable emis-
sion standards adopted by the state board. The cause of action shall be deemed to accrue when the emission debits are not equalized by
the end of the specified time period, for the purposes of Health and Safety Code section 4321 1 , the number of vehicles not meeting the
state board's emission standards shall be equal to the amount of VEDs incurred.
c. The VECs earned in any given model year shall retain full value through the subsequent model year.
d. The value of any VECs not used to equalize the previous model-year's debit, shall be discounted by 50% at the beginning of second
model year after being earned, discounted to 25% of its original value if not depleted by the beginning of the third model year after being
earned, and will have no value if not used by the beginning of the fourth model year after being earned.
e. Any VECs earned prior to the 1998 model year shall be treated as earned in the 1998 model year and discounted in accordance with
the schedule specified in note (12)d.
f. Only ZEVs certified as MDVs shall be included in the calculation of VECs.
g. In order to verify the status of a manufacturer's compliance with the phase-in requirements of this section and in order to confirm the
accrual of VECs or VEDs, each manufacturer shall submit an annual report to the Executive Officer which sets forth the production data
used to establish compliance by no later than March 1 of the calendar year following the close of the model year.
13 50"F Requirement. Manufacturers shall demonstrate compliance with the above standards for NMOG, carbon monoxide, and oxides of
nitrogen at 50 degrees Faccording to the procedures specified in section 1 Ik of the "California Exhaust Emission Standards and Test Proce-
dures for 1988 Through 2000 Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles" as incorporated by reference in
section 1960.1(k), or according to the procedure specified in section II. C. of the "California Exhaust Emission Standards and Test Proce-
dures for 2001 and Subsequent Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles" as incorporated by reference in
section 1 961 (d), as applicable. Hybrid electric, natural gas, and diesel-fuel vehicles shall be exempt from 50 degrees F test requirements.
14 In-use compliance testing shall be limited to vehicles with fewer than 90,000 miles.
15 HEV Requirements. Deterioration factors for hybrid electric vehicles shall be based on the emissions and mileage accumulation of the auxil-
iary power unit. For certification purposes only, Type A hybrid electric vehicles shall demonstrate compliance with 50,000 mile emission
standards (using 50,000 mile deterioration factors), and demonstrating compliance with 120,000 mile emission standards shall not be re-
quired. For certification purposes only, Type B hybrid electric vehicles shall demonstrate compliance with 50,000 mile emission standards
(using 50,000 mile deterioration factors). For certification purposes only, Type C hybrid electric vehicles shall demonstrate compliance
with 50,000 mile emission standards (using 50,000 mile deterioration factors) and 120,000 mile emission standards (using 120,000 mile
deterioration factors).
16 Requirements for Small Volume Manufacturers. As used in Section 1960.1(h)(2), the term "small volume manufacturer" shall mean any
vehicle manufacturer with California sales less than or equal to 3000 new PCs, LDTs, and MDVs per model year based on the average
number of vehicles sold by the manufacturer each model year from 1992 to 1 994, except as otherwise noted below. For manufacturers certi-
fying for the first time in California, model-year sales shall be based on projected California sales.
a. Prior to the model year 2001 , small volume manufacturers shall not be required to certify, produce, or deliver LEVs and ULEVs for sale
in California.
b. If a manufacturer's average California sales exceeds 3000 units of new PCs, LDTs, and MDVs based on the average number of vehicles
sold for any three consecutive model years, the manufacturer shall no longer be treated as a small volume manufacturer and shall comply
with the LEV and ULEV requirements applicable for larger manufacturers as specified in 1960. 1(h)(2) beginning with the fourth model
year after the last of the three consecutive model years.
c. If a manufacturer's average California sales falls below 3000 units of new PCs, LDTs, and MDVs based on the average number of vehicles
sold for any three consecutive model years, the manufacturer shall be treated as a small volume manufacturer and shall be subject to
requirements for small volume manufacturers as specified in 1960.1(h)(2) beginning with the next model year.
Page 225 Register 2004, No. 9; 2-27-2004
§ 1960.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(i) The exhaust emissions from new 1981 and subsequent model pas-
senger cars, light-duty trucks, and medium-duty vehicles certified to
special standards authorized by sections 1960.2, 1960.3, and 1960.4,
subchapter 1 , Chapter 3, Title 13, California Code of Regulations, shall
not exceed1:
SPECIAL EXHAUST10 EMISSION STANDARDS
Vehicle
Year Type-
1981 PC6
LDT, MDV7
19828 PC
19838 PC
LDT, MDV
19848 PC
LDT, MDV
LDT, MDV
(grams per mile)
Equivalent
Inertia
Weight
(lbs.)3
Durability
Vehicle
Basis
(mi)
Non-Methane
Hydrocarbons4
Carbon
Monoxide
Oxides o[
Nitrogen5
All
0-3999
50,000
50,000
0.39
0.39
(0.41)
(0.41)
7.0
9.0
1.5
1.5
All
50,000
0.39
(0.41)
7.0
1.0
All
0-3999
50,000
50,000
0.39
0.39
(0.41)
(0.41)
7.0
9.0
0.79
1.0
All
0-3999
50,000
50,000
0.39
0.39
(0.41)
(0.41)
7.0
9.0
0.7
0.79
0-3999
50,000
0.39
(0.41)
9.0
0.7
1 Subsection (i) shall remain in effect until December 31 , 1990, and as of that date is repealed unless a later regulation deletes or extends that date. Notwithstanding
the repeal or expiration of this regulation on December 31, 1990, the provisions of the regulation as they existed prior to such repeal or expiration shall continue
to be operative and effective for those events occurring prior to the repeal or expiration.
2 "PC" means passenger cars. "LDT" means light-duty trucks. "MDV" means medium-duty vehicles.
3 Equivalent inertia weights are determined under subparagraph 40 CFR 86.129-79(a).
4 Hydrocarbon standards in parentheses apply to total hydrocarbons.
5 The maximum projected emissions of oxides of nitrogen measured on the federal Highway Fuel Economy Test (H WFET; 40 CFR Part 600, Subpart B) shall
be no greater than 1 .33 times the applicable passenger car standards and 2.0 times the applicable light-duty truck and medium-duty vehicle standards shown
in the table. Both the projected emissions and the HWFET standard shall be rounded to the nearest 0.1 gm/mi before being compared.
6 For vehicles certified to special standards authorized by section 1960.2, Article 2, Subchapter 1, Chapter 3, Title 13, California Administrative Code.
7 For vehicles certified to special standards authorized by section 1960.3, Article 2, Subchapter 1, Chapter 3, Title 13, California Administrative Code.
8 For vehicles certified to special standards authorized by section 1960.4, Article 2, Subchapter 1, Chapter 3, Title 13, California Administrative Code. Special
standards revert to "1983 and subsequent" standards for 1985 and subsequent passenger cars and 1986 and subsequent LDTs and MDVs.
9 The Executive Officer may grant limited relief from the 1983 passenger car and 1 984 LDT and MDV special NOx standard to a manufacturer who exceeds the
standard because of unforeseen technical problems.
10 Diesel passenger cars, light-duty trucks, and medium-duty vehicles are subject to the following particulate exhaust emission standards: 0.4 g/mi for the 1985
model year, 0.2 g/mi for the 1986 through 1988 model years, and 0.08 g/mi for the 1989 and subsequent model years. The particulate compliance shall be deter-
mined on a 50,000 mile durability vehicle basis.
•
(]) For Option 1 in the tables in sections (f)(1) and (f)(2), the hydrocar-
bon and carbon monoxide compliance shall be determined on a
50,000-mile durability vehicle basis. For Option 2 in the table in section
(0(2), the hydrocarbon and carbon monoxide compliance shall be deter-
mined on a 100,000-mile durability basis.
(k) The test procedures for determining compliance with these stan-
dards are set forth in "California Exhaust Emission Standards and Test
Procedures for 1981 through 1987 Model Passenger Cars, Light-Duty
Trucks, and Medium-Duty Vehicles," adopted by the state board on No-
vember 23, 1976, as last amended May 20, 1987, and in "California Ex-
haust Emission Standards and Test Procedures for 1988 through 2000
Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Ve-
hicles," adopted by the state board on May 20, 1 987, as last amended Au-
gust 5, 1999, both of which are incorporated herein by reference, and in
"California Exhaust Emission Standards and Test Procedures for 2001
and Subsequent Model Passenger Cars, Light-Duty Trucks, and Me-
dium-Duty Vehicles," as incorporated by reference in section 1961(d).
The test procedures for determining the compliance of 2001 through
2006 model-year hybrid electric vehicles with the standards set forth in
this section are set forth in "California Exhaust Emission Standards and
Test Procedures for 2005 and Subsequent Model Zero-Emission Ve-
hicles, and 2001 and Subsequent Model Hybrid Electric Vehicles, in the
Passenger Car, Light-Duty Truck, and Medium-Duty Vehicle Classes,
as incorporated by reference in section 1962(h).
(/) With respect to any new vehicle required to comply with the stan-
dards set forth in paragraphs (a) through (h), the manufacturer's written
maintenance instructions for in-use vehicles shall not require scheduled
maintenance more frequently than or beyond the scope of maintenance
permitted under the test procedures referenced in paragraph (k) above.
Any failure to perform scheduled maintenance shall not excuse an emis-
sions violation unless the failure is related to or causative of the violation.
(m) Any 1982, 1983, and 1984 model year vehicle required to comply
with the standards set forth in paragraphs (b), (c), (d), and (0 which is
subject to a standard set by federal law or regulation controlling emis-
sions of particulate matter must conform to such standard.
(n) For purposes of section 1960.1(a) through (f), section
1960.1(h)(1), and section 1960. 1.5, "small volume manufacturer" for the
2000 and earlier model years is any vehicle manufacturer which was sub-
ject to "in lieu" standards pursuant to section 202(b)(l )(B) of the Federal
Clean Air Act (42 U.S.C. section 7521(b)(1)(B), as amended November
16, 1 977) or a vehicle manufacturer with California sales not exceeding
3,000 new motor vehicles per model year based on previous model-year
sales; however, for manufacturers certifying for the first time in Califor-
nia model year sales shall be based on projected California sales.
(o) [Reserved]
(p) The cold temperature exhaust carbon monoxide emission levels
from new 1996 through 2000 and subsequent model-year passenger
cars, light-duty trucks, and medium-duty vehicles shall not exceed:
Page 226
Register 2004, No. 9; 2-27-2004
Title 13
Air Resources Board
§ 1960.1
1996 AND SUBSEQUENT MODEL-YEAR COLD TEMPERATURE CARBON
MONOXIDE EXHAUST EMISSIONS STANDARDS FOR PASSENGER
CARS, LIGHT-DUTY TRUCKS, AND MEDIUM-DUTY VEHICLES1-2
(grams per mile)
Loaded Durability
Vehicle Vehicle
Weight Basis Carbon
(lbs.) (mi) Monoxide
Vehicle
Type
Passenger Car
Light-Duty Truck
Light-Duty Truck
Medium-Duty Vehicle
Medium-Duty Vehicle
All
0-3750
3751-5750
0-3750
3750-85003
50,000
50,000
50.000
50,000
50.000
10.0
10.0
12.5
10.0
12.5
(1) These standards are applicable to vehicles tested in accordance with 40 CFR Part 86 Subpart C, at a nominal temperature of 20°F (-7°C).
(2) Natural gas vehicles, diesel-fueled vehicles, hybrid electric vehicles, and zero-emission vehicles are exempt from these standards.
(3) Medium-duty vehicles with a gross vehicle weight rating greater than 8,500 lbs. are exempt from this standard.
(q) The Supplemental Federal Test Procedure (SFTP) exhaust emis-
sion levels from new 2001 and subsequent model passenger cars and
light-duty trucks, other than low-emission vehicles, ultra-low-emis-
sion vehicles, and zero-emission vehicles, shall not exceed:
SFTP EXHAUST EMISSION STANDARDS FOR 2001 AND SUBSEQUENT
MODEL-YEAR PASSENGER CARS AND LIGHT-DUTY TRUCKS
OTHER THAN LOW-EMISSION VEHICLES, ULTRA-LOW-EMISSION
VEHICLES, AND ZERO-EMISSION VEHICLES
(grams per miie)4-5,6,7,8,9,l0
CO1
Loaded
Durability
NMHC2 +
Vehicle
Vehicle
Vehicle
Fuel
NOx1
A/C1
US061
Composite
Type1
Weight (lbs.)
Basis (mi)
Type
Composite3
Test
Test
Option3
PC
All
50,000
Gasoline
0.65
3.0
9.0
3.4
Diesel
1.48
NA
9.0
3.4
100,000
Gasoline
0.91
3.7
11.1
4.2
Diesel
2.07
NA
11.1
4.2
LDT
0-3750
50,000
Gasoline
0.65
3.0
9.0
3.4
Diesel
1.48
NA
9.0
3.4
100,000
Gasoline
0.91
3.7
11.1
4.2
Diesel
2.07
NA
11.1
4.2
LDT
3751-5750
50,000
Gasoline
1.02
3.9
11.6
4.4
Diesel
NA
NA
NA
NA
100,000
Gasoline
1.37
4.9
14.6
5.5
Diesel
NA
NA
NA
NA
1 Abbreviations.
"PC" means passenger car.
"LDT" means light-duty truck.
"NMHC+NOx" means non-methane hydrocarbon plus oxides of nitrogen emissions.
"CO" means carbon monoxide emissions.
"A/C" means air-conditioning.
"US06" means the test cycle designed to evaluate emissions during aggressive and microtransient driving.
2 Non-Methane Hydrocarbon Emissions. For PCs and LDTs certified to the FTP exhaust standards in section 1960.1 (f)(2), hydrocarbon emissions shall
be measured in accordance with the "California Non-Methane Hydrocarbon Test Procedures" as last amended May 15, 1990, which is incorporated
herein by reference. For PCs and LDTs certified as transitional low-emission vehicles, hydrocarbon emissions shall be measured in accordance with
Part B (Determination of Non-Methane Hydrocarbon Mass Emissions by Flame Ionization Detection) of the "California Non-Methane Organic Gas
Test Procedures" as incorporated by reference in section 1960.1(g)(1), note (3). For alcohol-fueled vehicles certifying to these standards, including
flexible-fuel vehicles when certifying on methanol or ethanol, "Non-Methane Hydrocarbons" shall mean "Organic Material Non-Methane Hydrocar-
bon Equivalent."
3 Composite Standards. Compliance with the composite standards shall be demonstrated using the calculations set forth in the section 86.164-00, Title
40, Code of Federal Regulations, as adopted October 22, 1996, which is incorporated herein by reference.
4 SFTP. SFTP means the additional test procedure designed to measure emissions during aggressive and microtransient driving, as described in section
86.159-00, Title 40, Code of Federal Regulations, as adopted October 22, 1996, over the US06 cycle, and also the test procedure designed to measure
urban driving emissions while the vehicle's air conditioning system is operating, as described in section 86.160-00, Title 40, Code of Federal Regula-
tions, as adopted October 22, 1996, over the SC03 cycle. These sections of the Code of Federal Regulations are incorporated herein by reference.
5 Applicability to Alternative Fuel Vehicles. These SFTP standards do not apply to vehicles certified on fuels other than gasoline and diesel fuel, but the
standards do apply to the gasoline and diesel fuel operation of flexible-fuel vehicles and dual-fuel vehicles.
6 Air to Fuel Ratio Requirement. With the exception of cold-start conditions, warm-up conditions and rapid-throttle motion conditions ("tip-in" or "tip-
out" conditions), the air to fuel ratio shall not be richer at any time than, for a given engine operating condition (e.g., engine speed, manifold pressure,
coolant temperature, air charge temperature, and any other parameters), the leanest air to fuel mixture required to obtain maximum torque (lean best
torque), with a tolerance of six percent of the fuel consumption. The Executive Officer may approve a manufacturer's request for approval to use addi-
Page 227
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§ 1960.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
tional enrichment in subsequent testing if the manufacturer demonstrates that additional enrichment is needed to protect the vehicle, occupants, engine,
or emission control hardware.
7 A/C-on Specific Calibrations. A/C-on specific calibrations (e.g. air to fuel ratio, spark timing, and exhaust gas recirculation), may be used which differ
from A/C-off calibrations for given engine operating conditions (e.g., engine speed, manifold pressure, coolant temperature, air charge temperature,
and any other parameters). Such calibrations must not unnecessarily reduce the NMHC+NOx emission control effectiveness during A/C-on operation
when the vehicle is operated under conditions which may reasonably be expected to be encountered during normal operation and use. If reductions in
control system NMHC+NOx effectiveness do occur as a result of such calibrations, the manufacturer shall, in the Application for Certification, specify
the circumstances under which such reductions do occur, and the reason for the use of such calibrations resulting in such reductions in control system
effectiveness.
A/C-on specific "open-loop" or "commanded enrichment" air-fuel enrichment strategies (as defined below), which differ from A/C-off "open-loop"
or "commanded enrichment" air-fuel enrichment strategies, may not be used, with the following exceptions: cold-start and warm-up conditions, or,
subject to Executive Officer approval, conditions requiring the protection of the vehicle, occupants, engine, or emission control hardware. Other than
these exceptions, such strategies which are invoked based on manifold pressure, engine speed, throttle position, or other engine parameters shall use
the same engine parameter criteria for the invoking of this air-fuel enrichment strategy and the same degree of enrichment regardless of whether the
A/C is on or off.
"Open-loop" or "commanded" air-fuel enrichment strategy is defined as enrichment of the air to fuel ratio beyond stoichiometry for the purposes of in-
creasing engine power output and the protection of engine or emissions control hardware. However, "closed-loop biasing," defined as small changes
in the air-fuel ratio for the purposes of optimizing vehicle emissions or driveability, shall not be considered an "open-loop" or "commanded" air-fuel
enrichment strategy. In addition, "transient" air-fuel enrichment strategy (or "tip-in" and "tip-out" enrichment), defined as the temporary use of an
air-fuel ratio rich of stoichiometry at the beginning or duration of rapid throttle motion, shall not be considered an "open-loop" or "commanded" air-fuel
enrichment strategy.
8 "Lean-On-Crui.se" Calibration Strategies. In the Application for Certification, the manufacturer shall state whether any "lean-on-cruise" strategies
are incorporated into the vehicle design. A "lean-on-cruise" air-fuel calibration strategy is defined as the use of an air-fuel ratio significantly greater
than stoichiometry, during non-deceleration conditions at speeds above 40 mph. "Lean-on-cruise" air-fuel calibration strategies shall not be employed
during vehicle operation in normal driving conditions, including A/C-usage, unless at least one of the following conditions is met:
1. Such strategies are substantially employed during the FTP or SFTP, or
2. Such strategies are demonstrated not to significantly reduce vehicle NMHC+NOx emission control effectiveness over the operating conditions in which
they are employed, or
3. Such strategies are demonstrated to be necessary to protect the vehicle, occupants, engine, or emission control hardware.
If the manufacturer proposes to use a "lean-on-cruise" calibration strategy, the manufacturer shall specify the circumstances under which such a calibra-
tion would be used, and the reason or reasons for the proposed use of such a calibration.
The above provisions shall not apply to vehicles powered by "lean-burn" engines or Diesel-cycle engines. A "lean-burn" engine is defined as an Otto-
cycle engine designed to run at an air-fuel ratio significantly greater than stoichiometry during the large majority of its operation.
9 Phase-In Requirements. For the purposes of this section 1960. l(q) only, each manufacturer's PC and LDT fleet shall be defined as the total projected
number of PCs and LDTs from 0-5750 pounds loaded vehicle weight certified to the FTP exhaust standards of section 1960.1(f)(2) and certified as
transitional low-emission vehicles sold in California. As an option, a manufacturer may elect to have its total PC and LDT fleet defined, for the purposes
of this section 1 960. l(q) only, as the total projected number of the manufacturer's PCs and LDTs, other than zero-emission vehicles, certified and sold
in California.
a. Manufacturers of PCs and of LDTs, except small volume manufacturers, shall certify a minimum percentage of their PC and LDT fleet according to
the following phase-in schedule.
Model Year
2001
2002
2003
2004 and subsequent
Percentage of PC and LDT Fleet
25
50
85
100
b. Small volume manufacturers of PCs and LDTs shall certify 100% of their PC and LDT fleet in the 2004 and subsequent model years.
10 Single-Roll Electric Dynamometer Requirement. For all vehicles certified to the SFTP standards, a single-roll electric dynamometer or a dynamometer
which produces equivalent results, as set forth in the "California Exhaust Emission Standards and Test Procedures for 1988 and Subsequent Model
Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles" as incorporated by reference in section 1960.1(k), must be used for all types of emis-
sion testing to determine compliance with the associated emission standards.
(r) The Supplemental Federal Test Procedure (SFTP) standards in this
section represent the maximum SFTP exhaust emissions at 4,000 miles
+ 250 miles or at the mileage determined by the manufacturer for emis-
sion-data vehicles in accordance with the "California Exhaust Emission
Standards and Test Procedures for 1 988 Through 2000 Model Passenger
Cars, Light-Duty Trucks, and Medium-Duty Vehicles" as incorporated
by reference in section 1960. J (k), and with the "California Exhaust
Emission Standards and Test Procedures for 2001 and Subsequent Model
Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles," as in-
corporated by reference in section 1961(d). The SFTP exhaust emission
levels from new 2001 and subsequent model low-emission vehicles, ul-
tra-low-emission vehicles and super-ultra-low-emission vehicles in
the passenger car and light-duty truck class, and new 2003 and subse-
quent low-emission vehicles, ultra-low-emission vehicles, and super-
ultra-low-emission vehicles in the medium-duty class, shall not exceed:
Page 228
Register 2004, No. 9; 2-27-2004
Title 13
Air Resources Board
§ 1960.1
SFTP EXHAUST EMISSION STANDARDS
FOR LOW-EMISSION VEHICLES. ULTRA-LOW-EMISSION VEHICLES, AND
SUPER-ULTRA-LOW-EMISSION VEHICLES IN THE PASSENGER CAR, LIGHT-DUTY
TRUCK, AND MEDIUM-DUTY VEHICLE CLASSES
(grams per mile)6'7'8-9-10-11
Vehicle
Type1
PC
LDT
LDT
MDV
MDV
Loaded Vehicle
Weight (lbs.)2
All
0-3750
3751-5750
3751-5750
5751-85003
US06 Test1
A/C Test* -5
NMHC4 +
NMHC4 +
NOx]
COx
NOx1 CO
0.14
8.0
0.20 2.7
0.14
8.0
0.20 2.7
0.25
10.5
0.27 3.5
0.40
10.5
0.31 3.5
0.60
11.8
0.44 4.0
1 Abbreviations and Definitions. For the purposes of this SFTP standards table only, the following abbreviations and definitions apply:
"PC" means passenger car.
"LDT" means light-duty truck, defined as any motor vehicle rated at 6,000 pounds gross vehicle weight or less, which is designed primarily for purposes
of transportation of property or is a derivative of such a vehicle, or is available with special features enabling off-street or off-highway operation and use.
"MDV" means medium-duty truck, defined as any motor vehicle having a manufacturer's gross vehicle weight rating of greater than 6,000 pounds and
less than 14,001 pounds, except passenger cars.
"NMHC+NOx" means non-methane hydrocarbon plus oxides of nitrogen emissions.
"CO" means carbon monoxide emissions.
"US06" means the test cycle designed to evaluate emissions during aggressive and microtransient driving.
"A/C" means air-conditioning.
2 For MDVs, "Loaded Vehicle Weight" shall mean "Test Weight," which is the average of the vehicle's curb weight and gross vehicle weight.
3 Vehicles with a gross vehicle weight rating over 8,500 pounds are exempted from the requirements of this subsection.
4 Non-Methane Hydrocarbon Emissions. Hydrocarbon emissions shall be measured in accordance with Part B (Determination of Non-Methane Hydro-
carbon Mass Emissions by Flame Ionization Detection) of the "California Non-Methane Organic Gas Test Procedures" as incorporated by reference
in section 1960. l(g)(l ), note (3). For alcohol-fueled vehicles certifying to these standards, including flexible-fuel vehicles when certifying on methanol
or ethanol, "Non-Methane Hydrocarbons" shall mean "Organic Material Non-Methane Hydrocarbon Equivalent."
5 A/C-on Specific Calibrations. A/C-on specific calibrations (e.g. air to fuel ratio, spark timing, and exhaust gas recirculation), may be used which differ
from A/C-off calibrations for given engine operating conditions (e.g., engine speed, manifold pressure, coolant temperature, air charge temperature,
and any other parameters). Such calibrations must not unnecessarily reduce the NMHC+NOx emission control effectiveness during A/C-on operation
when the vehicle is operated under conditions which may reasonably be expected to be encountered during normal operation and use. If reductions in
control system NMHC+NOx effectiveness do occur as a result of such calibrations, the manufacturer shall, in the Application for Certification, specify
the circumstances under which such reductions do occur, and the reason for the use of such calibrations resulting in such reductions in control system
effectiveness.
A/C-on specific "open-loop" or "commanded enrichment" air-fuel enrichment strategies (as defined below), which differ from A/C-off "open-loop"
or "commanded enrichment" air-fuel enrichment strategies, may not be used, with the following exceptions: cold-start and warm-up conditions, or,
subject to Executive Officer approval, conditions requiring the protection of the vehicle, occupants, engine, or emission control hardware. Other than
these exceptions, such strategies which are invoked based on manifold pressure, engine speed, throttle position, or other engine parameters shall use
the same engine parameter criteria for the invoking of this air-fuel enrichment strategy and the same degree of enrichment regardless of whether the
A/C is on or off.
"Open-loop" or "commanded" air-fuel enrichment strategy is defined as enrichment of the air to fuel ratio beyond stoichiometry for the purposes of in-
creasing engine power output and the protection of engine or emissions control hardware. However, "closed-loop biasing," defined as small changes
in the air-fuel ratio for the purposes of optimizing vehicle emissions or driveability, shall not be considered an "open-loop" or "commanded" air-fuel
enrichment strategy. In addition, "transient" air-fuel enrichment strategy (or "tip-in" and "tip-out" enrichment), defined as the temporary use of an
air-fuel ratio rich of stoichiometry at the beginning or duration of rapid throttle motion, shall not be considered an "open-loop" or "commanded" air-fuel
enrichment strategy.
6 SFTP. SFTP means the additional test procedure designed to measure emissions during aggressive and microtransient driving, as described in section
86.159-00, Title 40, Code of Federal Regulations, as adopted October 22, 1996, over the US06 cycle, and also the test procedure designed to measure
urban driving emissions while the vehicle's air conditioning system is operating, as described in section 86.160-00, Title 40, Code of Federal Regula-
tions, as adopted October 22, 1996, over the SC03 cycle. These sections of the Code of Federal Regulations are incorporated herein by reference.
1 Applicability to Alternative Fuel Vehicles. These SFTP standards do not apply to vehicles certified on fuels other than gasoline and diesel fuel, but the
standards do apply to the gasoline and diesel fuel operation of flexible-fuel vehicles and dual-fuel vehicles.
8 Air to Fuel Ratio Requirement. With the exception of cold-start conditions, warm-up conditions and rapid-throttle motion conditions ("tip-in" or "tip-
out" conditions), the air to fuel ratio shall not be richer at any time than, for a given engine operating condition (e.g., engine speed, manifold pressure,
coolant temperature, air charge temperature, and any other parameters), the leanest air to fuel mixture required to obtain maximum torque (lean best
torque), with a tolerance of six percent of the fuel consumption. The Executive Officer may approve a manufacturer's request for approval to use addi-
tional enrichment in subsequent testing if the manufacturer demonstrates that additional enrichment is needed to protect the vehicle, occupants, engine,
or emission control hardware.
9 "Lean-On-Cruise" Calibration Strategies. In the Application for Certification, the manufacturer shall state whether any "lean-on-cruise" strategies
are incorporated into the vehicle design. A "lean-on-cruise" air-fuel calibration strategy is defined as the use of an air-fuel ratio significantly greater
than stoichiometry, during non-deceleration conditions at speeds above 40 mph. "Lean-on-cruise" air-fuel calibration strategies shall not be employed
during vehicle operation in normal driving conditions, including A/C-usage, unless at least one of the following conditions is met:
1. Such strategies are substantially employed during the FTP or SFTP, or
2. Such strategies are demonstrated not to significantly reduce vehicle NMHC+NOx emission control effectiveness over the operating conditions in which
they are employed, or
3. Such strategies are demonstrated to be necessary to protect the vehicle, occupants, engine, or emission control hardware.
If the manufacturer proposes to use a "lean-on-cruise" calibration strategy, the manufacturer shall specify the circumstances under which such a calibra-
tion would be used, and the reason or reasons for the proposed use of such a calibration.
The above provisions shall not apply to vehicles powered by "lean-burn" engines or Diesel-cycle engines. A "lean-bum" engine is defined as an Otto-
cycle engine designed to run at an air-fuel ratio significantly greater than stoichiometry during the large majority of its operation.
Page 229
Register 2004, No. 9; 2-27-2004
§ 1960.1.5
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
10 Phase-In Requirements. For the purposes of this 1 960.1 (r) section only, each manufacturer's PC and LDT fleet shall be defined as the total projected
number of low-emission and ultra-low-emission PCs and LDTs from 0-5750 pounds loaded vehicle weight sold in California. Each manufacturer's
M.DV fleet shall be defined as the total projected number of low-emission, ultra-low-emission, and super-ultra-low-emission MDVs less than 8501
pounds gross vehicle weight rating sold in California.
a. Manufacturers of PCs, LDTs, and MDVs, except small volume manufacturers, shall certify a minimum percentage of their PC and LDT fleet, and a
minimum percentage of their MDV fleet, according to the following phase-in schedule.
Percentage
Model Year
PC. LDT
MDV
2001
25
NA
2002
50
NA
2003
85
25
2004
100
50
2005 and subsequent
100
100
b. Manufacturers may use an "Alternative or Equivalent Phase-in Schedule" to comply with the phase-in requirements. An "Alternative Phase-in" is one
that achieves at least equivalent emission reductions by the end of the last model year of the scheduled phase-in. Model-year emission reductions shall
be calculated by multiplying the percent of vehicles (based on the manufacturer's projected California sales volume of the applicable vehicle fleet) meet-
ing the new requirements per model year by the number of model years implemented prior to and including the last model year of the scheduled phase-in.
The "cumulative total" is the summation of the model-year emission reductions (e.g., a four model-year 25/50/85/100 percent phase-in schedule would
be calculated as: (25%*4 years) + (50%*3 years) + (85%*2 years) + (100%* 1 year) = 520). Any alternative phase-in that results in an equal or larger
cumulative total than the required cumulative total by the end of the last model year of the scheduled phase-in shall be considered acceptable by the
Executive Officer under the following conditions: 1) all vehicles subject to the phase-in shall comply with the respective requirements in the last model
year of the required phase-in schedule and 2) if a manufacturer uses the optional phase-in percentage determination in section 1 960. 1 (q ) note (9), the
cumulative total of model-year emission reductions as determined only for PCs and LDTs certified to this section 1960. l(r) must also be equal to or
larger than the required cumulative total by end of the 2004 model year. Manufacturers shall be allowed to include vehicles introduced before the first
model year of the scheduled phase-in (e.g., in the previous example, 10 percent introduced one year before the scheduled phase-in begins would be
calculated as: (10%*5 years) and added to the cumulative total).
c. Small volume manufacturers of PCs, LDTs, and MDVs shall certify 100% of their PC and LDT fleet in 2004 and subsequent model years, and 100%
of their MDV fleet in 2005 and subsequent model years.
1 1 Single-Roll Electric Dynamometer Requirement. For all vehicles certified to the SFTP standards, a single-roll electric dynamometer or a dynamometer which
produces equivalent results, as set forth in the "California Exhaust Emission Standards and Test Procedures for 1 988 and Subsequent Model Passenger Cars,
Light-Duty Trucks, and Medium-Duty Vehicles" as incorporated by reference in section 1 960. 1 (k), must be used for all types of emission testing to determine
compliance with the associated emission standards.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43104 and
43105, Health and Safety Code. Reference: Sections 39002, 39003, 39667, 43000,
43009.5, 43013, 43018, 43100, 43101, 43101.5, 43102, 43103, 43104, 43105,
43106, 43107 and 43204-43205.5, Health and Safety Code.
History
1. Amendment filed 1-14-83; effective thirtieth day thereafter (Register 83, No.
3).
2. Amendment of subsection (h) filed 4-20-83; effective upon filing pursuant to
Government Code section 11346.2(d) (Register 83, No. 17).
3. Amendment of subsection (h) filed 2-17-84; effective thirtieth day thereafter
(Register 84, No. 7).
4. Editorial correction of subsection (i) filed 5-8-84; effective thirtieth day there-
after (Register 84, No. 19).
5. Amendment of subsection (h) filed 1 1-15-85; effective thirtieth day thereafter
(Register 85, No. 46).
6. Amendment of subsections (d)-(k) filed 4-21-87; operative 5-21-87 (Register
87, No. 17).
7. Amendment of subsections (d), (e) and (h) filed 7-1-87; operative 7-31-87
(Register 87, No. 28).
8. Amendment filed 2-21-90; operative 3-23-90 (Register 90, No. 8).
9. Amendment of subsections (e) and (i), new subsections (f)(1) and (f)(2) and re-
numbering of subsections (f)-(k) to subsections (g)-(/) filed 5-22-90; opera-
tive 6-21-90 (Register 90, No. 28).
1 0. Amendment of subsections (e), (f), (g), (h), (i), 0), (k), (/) and (m) filed 8-2-91 ;
operative 9-2-91 (Register 91 , No. 49).
11. New subsection (g) and subsection renumbering filed 8-30-91; operative
9-30-91 (Register 92, No. 14).
12. New subsections (e)(3), (h)(2) and (o) filed 8-30-9 1 ; operative 9-30-9 1 (Reg-
ister 92, No. 14).
13. New subsections (e)(1), (e)(2), (f)(1), (f)(2) and (h)(1) filed 8-30-91; opera-
tive 9-30-91 (Register 92, No. 14).
14. Editorial correction of printing error restoring inadvertently omitted subsec-
tions (g)(2) and (h)(l)(4) (Register 92, No. 25).
15. Amendment of footnotes 4 and 6 in subsection (e)(3)'s Table, footnotes 3, 4
and 8 in subsection (g)(l)'s Table, footnotes 3, 4a, 9a, and 13 in subsection
(h)(2)'s Table, and subsection (k) filed 11-9-92; operative 12-9-92 (Register
92, No. 46).
16. Amendment of subsection (k) filed 12-9-92; operative 1-1-93 (Register 92,
No. 50).
17. Amendment of subsection (k) and Note filed 7-20-93; operative 8-19-93
(Register 93, No. 30).
18. Amendment of subsection (k) filed 1 1-2-93; operative 12-2-93 (Register 93,
No. 45).
19. Amendment of subsection (e)(3) table (6), (f)(1) table (2) and (7), (f)(2) table,
(g)(1) table, (g)(2) and table, (h)(1) table and (h)(2) table filed 1 1-8-93; opera-
tive 12-8-93 (Register 93, No. 46).
20. Editorial correction of printing errors in subsections (e)(3), (f)(2) table (3),
(g)(1) table (1), (3) and (6), (g)(2) table (4), (5) and (9), (h)(1) table (2), (3) and
(5), and (h)(2) table (2)-(5), (8)-(10) and (12)-(13) (Register 93, No. 46).
21. Editorial correction of printing errors in subsection (g)(1), table 1 and subsec-
tion (h)(1), table 2 (Register 94, No. 2).
22. Change without regulatory effect amending subsection (h)(2) filed 3-30-94
pursuant to title 1, section 100, California Code of Regulations (Register 94, No.
13).
23. Amendment of subsection (k) filed 4-13-95; operative 4-13-95 pursuant to
Government Code section 1 1343.4(d) (Register 95, No. 15).
24. Editorial correction of subsection (/) (Register 95, No. 38).
25. Change without regulatory effect amending subsection (/) filed 9-20-95 pur-
suant to section 100, title 1, California Code of Regulations (Register 95, No. 38).
26. Amendment of section and Note filed 9-23-96; operative 10-23-96 (Register
96, No. 39).
27. Amendment of subsections (g)(1), (g)(2), (h)(2) and (k) filed 1-3-97; opera-
tive 1-3-97 pursuant to Government Code section 1 1343.4(d) (Register 97, No.
1).
28. Amendment of subsection (k) filed 7-25-97; operative 8-24-97 (Register 97,
No. 30).
29. Amendment of subsection (k) and new subsections (q)-(r)(l 1) filed 7-17-98;
operative 8-16-98 (Register 98, No. 29).
30. Editorial correction of subsections (d)(2), (e)(1), (g)(1), (g)(2), (h)(2) and re-
formatting of subsections (q) and (r) (Register 99, No. 26).
31. Amendment of section heading and subsections (e)(2), (e)(3), (f)(2), (g)(1),
(g)(2), (h)(1), (h)(2), (j), (k), (n), (p) and (r) and repealer of subsection (o) filed
10-28-99; operative 11-27-99 (Register 99, No. 44).
32. Amendment of subsection (k) filed 5-24-2002; operative 6-23-2002 (Regis-
ter 2002, No. 21).
33. Amendment of subsections (e)(3) and (h)(2) filed 9-16-2002; operative
10-16-2002 (Register 2002, No. 38).
34. Amendment of subsection (k) filed 2-25-2004; operative 3-26-2004 (Regis-
ter 2004, No. 9).
§ 1 960.1 .5. Optional NOx Standards for 1 983 and Later
Model Passenger Cars, and Light-Duty Trucks
and Medium-Duty Vehicles Less Than 4000
Lbs. Equivalent Inertia Weight (EIW) or 3751
Lbs. Loaded Vehicle Weight (LVW).
(a)(1) Notwithstanding any other provision of this chapter, a vehicle
manufacturer may certify 1983 and later model vehicles to optional NOx
standards except for vehicles certifying to TLEV, LEV, or ULEV stan-
dards as follows:
(A) Passenger cars — 0.7 g/mi-1983 through 1988 model years.
Page 230
Register 2004, No. 9; 2-27-2004
Title 13
Air Resources Board
§ 1960.3
LDT, MDV 0-3999 pounds E1W— 1.0 g/mi— 1983 through 1987
model years.
LDT, MDV 0-3750 lbs. LVW— 1.0 g/mi— 1988 model year.
(B) For the 1989 model year, each manufacturer may certify no more
than 50 percent of its projected California model-year sales of passenger
cars, light-duty trucks (0-3750 lbs. LVW), and medium-duty vehicles
(0-3750 lbs. LVW) to the optional NOx standard as follows:
Passenger cars — 0.7 g/mi
LDT, MDV 0-3750 lbs. LVW— 1.0 g/mi
(C) 1989 through 1993 model-year passenger cars weighing more
than 5250 lbs. LVW may be certified to the 0.7 g/mi NOx standard.
(D) For the 1990 through 1993 model years, a vehicle manufacturer
may certify passenger cars, light-duty trucks (0-3750 lbs. LVW), and
medium-duty vehicles (0-3750 lbs. LVW) to the optional 0.7 g/mi NOx
standard subject to the following limitations:
For each model year, the total number of passenger cars (0-5250 lbs.
LVW) each manufacturer may certify at 0.7 g/mi NOx shall be limited
to a maximum of 10 percent of the total previous California model-year
sales of these vehicles.
For each model year, the total number of light-duty trucks (0-3750
lbs. LVW) and medium-duty vehicles (0-3750 lbs. LVW) each man-
ufacturer may certify at 0.7 g/mi NOx shall be limited to a maximum of
15 percent of the combined total previous California model-year sales
of these vehicles.
For manufacturers certifying for the first time in California, "previous
California model-year sales" shall mean projected California model-
year sales.
(2) Notwithstanding any other provisions of this chapter, a small vol-
ume manufacturer may certify 1989 and later model vehicles to optional
NOx standards except for vehicles certifying to TLEV, LEV, or ULEV
standards as follows:
(A) Passenger cars — 0.7 g/mi — 1989 and 1990 model years.
LDT, MDV 0-3750 lbs. LVW— 1.0 g/mi— 1989 and 1990 model
years.
(B) For the 1991 model year, each small volume manufacturer may
certify no more than 50 percent of its projected California model-year
sales of passenger cars, light-duty trucks (0-3750 lbs. LVW), and me-
dium-duty vehicles (0-3750 lbs. LVW) to the optional NOx standards
as follows:
Passenger cars — 0.7 g/mi
LDT, MDV 0-3750 lbs. LVW— 1.0 g/mi
(C) For the 1992 through 1995 model years, each small volume man-
ufacturer may certify passenger cars, light-duty trucks (0-3750 lbs.
LVW), and medium-duty vehicles (0-3750 lbs. LVW) to the optional
0.7 g/mi NOx standard subject to the following limitations:
For each model year, the total number of passenger cars (0-5250 lbs.
LVW) each manufacturer may certify at 0.7 g/mi NOx shall be limited
to a maximum of 10 percent of the total previous California model-year
sales of these vehicles.
For each model year, the total number of light-duty trucks (0-3750
lbs. LVW) and medium-duty vehicles (0-3750 lbs. LVW) each man-
ufacturer may certify at 0.7 g/mi NOx shall be limited to a maximum of
15 percent of the combined total previous California model-year sales
of these vehicles.
For manufacturers certifying for the first time in California, "previous
California model-year sales" shall mean projected California model-
year sales.
(b) Testing of vehicles certified under this section shall be conducted
in accordance with the California Exhaust Emission Test Procedures
applicable to either 1981 through 1987 or 1988 and subsequent model
passenger cars, light-duty trucks, and medium-duty vehicles certified to
the primary California standards for 50,000 miles.
(c)(1) If, based on a review of information derived from a statistically
valid and representative sample of vehicles, the Executive Officer deter-
mines that a substantial percentage of any class or category of vehicles
certified under this section exhibits, prior to 75,000 miles or 7 years,
whichever occurs first, an identifiable, systematic defect in a component
listed in subsection (2) which causes a significant increase in emissions
above those exhibited by vehicles free of such defects and of the same
class or category and having the same period of use and mileage, then the
Executive Officer may invoke the enforcement authority under Section
2109 to require remedial action by the vehicle manufacturer. Such reme-
dial action shall be limited to owner notification and repair or replace-
ment of the defective component. As used in this section, the term "de-
fect" shall not include failures which are the result of abuse, neglect, or
improper maintenance.
(2) Subsection (c)(1) shall apply to the following components unless
subject to allowable scheduled maintenance prior to 75,000 miles or 7
years, whichever occurs first:
I. Air and Fuel Metering System
A. Cold start enrichment
B. Heat riser valve and assembly
C. Controlled hot air intake
II. Exhaust Gas Recirculation (EGR) System
A. EGR valve and control components, and carburetor spacer if appli-
cable
III. Air Injection System
A. Air pump
B. Valves affecting distribution of flow
C. Distribution manifold including connection to exhaust manifold
IV. Catalyst or Thermal Reactor System
A. Catalytic converter and associated mounting hardware and con-
stricted fuel filler neck
B. Thermal reactor and lined or coated exhaust manifolds
C. Exhaust portliner and/or double walled exhaust pipe
V. Evaporative Emission Control System
A. Vapor storage canister
B. Vapor-liquid separator
VI. Miscellaneous Items Used in Above Systems
A. Vacuum, temperature, and time sensitive valves and switches
B. Electronic controls including computer or microprocessor and all
input sensors except for the exhaust gas oxygen sensor
(d) Nothing in this section shall be construed as affecting in any way
the manufacturer's 5 year/50,000 mile emission control systems defect
warranty obligations existing under present statutes and regulations.
NOTE: Authority cited: Sections 39600, 39601, 43013 and 43101, Health and
Safety Code. Reference: Sections 39002, 39003, 43000(d), 43013, 43100, 43101,
43101.5, 43104 and 43106, Health and Safety Code.
HtSTORY
1. Editorial correction of section number only filed 5-8-84; effective thirtieth day
thereafter (Register 84, No. 19).
2. Editorial correction of section number only filed 5-18-84; designated effective
6-7-84 (Register 84, No. 19).
3. Amendment of subsection (a) filed 4-21-87; operative 5-21-87 (Register 87,
No. 17).
4. Amendment of section heading and subsections (a) and (b) filed 7-1-87; opera-
tive 7-31-87 (Register 87, No. 28).
5. Amendment of subsection (a) filed 8-30-91 ; operative 9-30-91 (Register 92,
No. 14).
§ 1 960.2. Special Standards for 1 980 and 1 981 Model
Passenger Cars.
NOTE: Authority cited: Sections 39600 and 39601, Health and Safety Code. Ref-
erence: Sections 39002, 39003, 43000, 43013, 43100, 43101, 43104 and 43106,
Health and Safety Code.
History
1. Change without regulatory effect repealing section filed 3-18-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 12).
§ 1960.3. Special Standards for 1981 and 1982 Model
Light-Duty Trucks and Medium-Duty Vehicles,
0-3999 Pound Equivalent Inertia Weight.
NOTE: Authority cited: Sections 39600 and 39601 , Health and Safety Code. Ref-
erence: Sections 39002, 39003, 43000, 43013, 43101, 43104 and 43106, Health
and Safety Code.
Page 231
Register 2008, No. 25; 6-20-2008
§ 1960.4
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
History
1 . Change without regulatory effect repealing section filed 3-18-96 pursuant to
section 100, title 1. California Code of Regulations (Register 96, No. 12).
§ 1 960.4. Special Standards for 1 982 and Subsequent
Model Passenger Cars, and 1983 and
Subsequent Model Light-Duty Trucks and
Medium-Duty Vehicles, 0-3999 Pound
Equivalent Inertia Weight.
NOTE: Authority cited: Sections 39600 and 39601, Health and Safety Code. Ref-
erence: Sections 39002, 39003, 43000, 43013, 43101, 43104 and 43106, Health
and Safety Code.
History
1. Change without regulatory effect repealing section filed 3-18-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 12).
§ 1960.5. Certification of 1983 and Subsequent
Model-Year Federally Certified Light-Duty
Motor Vehicles for Sale in California.
(a) The exhaust emissions from new 1983 and subsequent model year
federally certified passenger cars and light-duty trucks, subject to regis-
tration and sold and registered in this state pursuant to section 43102(b)
of the California Health and Safety Code, shall not exceed the applicable
federal emission standards as determined under applicable federal test
procedures.
(b) With respect to any new vehicle required to comply with the stan-
dards set forth in paragraph (a), the manufacturer's written maintenance
instructions for in-use vehicles shall not require scheduled maintenance
more frequently than or beyond the scope of maintenance permitted un-
der the test procedures referenced in paragraph (a). Any failure to per-
form scheduled maintenance shall not excuse an emissions violation un-
less the failure is related to or causes the violation.
(c) The standards and procedures for certifying in California 1983
through 2002 model-year federally-certified light-duty motor vehicles
are set forth in "Guidelines for Certification of 1983 through 2002 Mo-
del-Year Federally Certified Light-Duty Motor Vehicles for Sale in Cal-
ifornia," adopted July 20, 1982, as last amended July 30, 2002, which is
incorporated herein by reference. The standards and procedures for certi-
fying in California 2003 and subsequent model-year federally-certified
light-duty motor vehicles are set forth in "Guidelines for Certification of
2003 and Subsequent Model-Year Federally Certified Light-Duty Mo-
tor Vehicles for Sale in California," adopted July 30, 2002, which is in-
corporated herein by reference.
NOTE: Authority cited: Sections 39601, 43100 and 43102, Health and Safety
Code. Reference: Section 43102, Health and Safety Code.
History
1 . New section filed 9-17-82; effective upon filing pursuant to Government Code
section 11346.2(d) (Register 82, No. 39).
2. Editorial correction of section which was inadvertently deleted in Register 83,
No. 3 (Register 83, No. 23).
3. Amendment filed 1 1-29-83; effective thirtieth day thereafter (Register 83, No.
49).
4. Amendment filed 9-28-84; effective thirtieth day thereafter (Register 84. No.
39).
5. Amendment of subsection (c) filed 10-23-85: effective thirtieth day thereafter
(Register 85, No. 43).
6. Amendment of section heading and subsections (a) and (c) filed 8-12-87; op-
erative 9-1 1-87 (Register 87, No. 33).
7. Amendment of subsection (c) filed 5-22-90; operative 6-21-90 (Register 90,
No. 28).
8. Amendment of subsection (c) filed 8-30-91; operative 9-30-91 (Register 92,
No. 14).
9. Amendment filed 9-16-2002; operative 10-16-2002 (Register 2002, No. 38).
§ 1 960.1 5. Reference to Section 1 960.1 .5.
Any reference in any statute or regulation to this section shall be con-
sidered as a reference to Section 1960.1.5.
History
1. Editorial correction adding new section filed 5-18-84; designated effective
6-7-84 (Register 84, No. 19).
§ 1961 . Exhaust Emission Standards and Test Procedures
— 2004 and Subsequent Model Passenger
Cars, Light-Duty Trucks, and Medium-Duty
Vehicles.
Introduction. This section 1961 contains the California "LEV II" ex-
haust emission standards for 2004 and subsequent model passenger cars,
light-duty trucks and medium-duty vehicles. A manufacturer must dem-
onstrate compliance with the exhaust standards in section 1961(a) appli-
cable to specific test groups, and with the composite phase-in require-
ments in section 1961(b) applicable to the manufacturer's entire fleet.
Section 1961(b) also includes the manufacturer's fleet-wide composite
phase-in requirements for the 2001 - 2003 model years.
Prior to the 2004 model year, a manufacturer that produces vehicles
that meet the standards in section 1961 (a) has the option of certifying the
vehicles to those standards, in which case the vehicles will be treated as
LEV II vehicles for purposes of the fleet-wide phase-in requirements.
Similarly, 2004 - 2006 model-year vehicles may be certified to the
"LEV I" exhaust emission standards in section 1960.1(g)(1) and (h)(2),
in which case the vehicles will be treated as LEV I vehicles for purposes
of the fleet-wide phase-in requirements.
A manufacturer has the option of certifying engines used in incom-
plete and diesel medium-duty vehicles with a gross vehicle weight rating
of greater than 8,500 lbs. to the heavy-duty engine standards and test pro-
cedures set forth in title 13, CCR, sections 1956.8(c), (g) and (h).
(a) Exhaust Emission Standards.
(1) "LEV II" Exhaust Standards. The following standards represent
the maximum exhaust emissions for the intermediate and full useful life
from new 2004 and subsequent model-year "LEV II" LEVs, ULEVs,
and SULEVs, including fuel-flexible, bi-fuel and dual fuel vehicles
when operating on the gaseous or alcohol fuel they are designed to use:
Page 232
Register 2008, No. 25; 6-20-2008
Title 13
Air Resources Board
§1961
•
•
LEV II Exhaust Mass Emission Standards for New 2004 and Subsequent Model
LEVs, ULEVs, and SULEVs
in the Passenger Car, Light-Duty Truck and Medium-Duty Vehicle Classes
Vehicle Type
Durability
Vehicle Basis
(mi)
All PCs;
LDTs 8500 lbs.
less
GVWor
50,000
Vehicles in this category
are tested at their loaded
vehicle weight
120,000
150,000 (Optional)
Vehicle
Emission
Category
LEV
LEV,
Option 1
ULEV
LEV
LEV,
Option 1
ULEV
SULEV
LEV
LEV, Option 1
ULEV
SULEV
NMOG
(g/mi)
0.075
0.075
0.040
0.090
0.090
0.055
0.010
0.090
0.090
0.055
0.010
Carbon
Monoxide
(g/mi)
3.4
3.4
1.7
4.2
4.2
2.1
1.0
4.2
4.2
2.1
1.0
Oxides of
Nitrogen
(g/mi)
0.05
0.07
0.05
0.07
0.10
0.07
0.02
0.07
0.10
0.07
0.02
Particulates
(g/mi)
Formaldehyde
(mg/mi)
15
15
11
4
18
18
11
4
n/a
n/a
n/a
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
MDVs 8501 - 10,000 120,000
LEV
0.195
6.4
0.2
32
0.12
lbs. GVW
ULEV
0.143
6.4
0.2
16
0.06
Vehicles in this category
SULEV
0.100
3.2
0.1
8
0.06
are tested at their adjusted
loaded vehicle weight 150.000
LEV
0.195
6.4
0.2
32
0.12
(Optional)
ULEV
0.143
6.4
0.2
16
0.06
SULEV
0.100
3.2
0.1
8
0.06
MDVs 10,001-14,000 120,000
lbs. GVW
Vehicles in this category 150,000
are tested at their adjusted (Optional)
loaded vehicle weight
LEV
ULEV
SULEV
LEV
ULEV
SULEV
0.230
0.167
0.117
0.230
0.167
0.117
7.3
7.3
3.7
7.3
7.3
3.7
0.4
0.4
0.2
0.4
0.4
0.2
40
21
10
40
21
10
0.12
0.06
0.06
0.12
0.06
0.06
(2) Reactivity Adjustment in Determining Compliance with the NMOG
Standard
(A) The NMOG emission results from all TLEVs, LEVs, ULEVs and
SULEVs certifying on a fuel other than conventional gasoline shall be
numerically adjusted to establish an NMOG exhaust mass emission val-
ue equivalent. The manufacturer shall multiply measured NMOG ex-
haust emission results by the appropriate reactivity adjustment factor set
forth in section 1961(a)(2)(B) or established in accordance with the test
procedures incorporated by reference in section 1961(d). The reactivity
adjustment factor represents the ratio of the NMOG specific reactivity of
a low-emission vehicle designed to operate on a fuel other than conven-
tional gasoline compared to the NMOG baseline specific reactivity of ve-
hicles in the same vehicle emission category operated on conventional
gasoline.
(B) The following reactivity adjustment factors apply:
Light-Duty Vehicles Medium-Duty Vehicles
0-6000 lbs. GVW 6001 lbs. - 14,000 lbs. GVW
TLEV LEV ULEV LEV ULEV
Fuel
Baseline Specific Reactivity (grams ozone / gram NMOG)
Conventional Gasoline
3.42
3.13
3.13 3.13
3.13
Reactivity Adjustment Factors
RFG
0.98
0.94
0.94 0.94
0.94
(through the 2003 model year)
M85
0.41
0.41
0.41 0.41
0.41
Natural Gas
1.0
0.43
0.43 0.43
0.43
LPG
1.0
0.50
Methane Rea
0.50 0.50
ctivity Adjustment Factors
0.50
Natural Gas
0.0043
0.0047
0.0047 0.0047
0.004"
(3) NMOG Standards for Bi-Fuel, Fuel-Flexible and Dual-Fuel Ve-
hicles Operating on Gasoline. For fuel-flexible, bi-fuel, and dual-fuel
PCs, LDTs and MDVs, compliance with the NMOG exhaust mass emis-
sion standards shall be based on exhaust emission tests both when the ve-
hicle is operated on the gaseous or alcohol fuel it is designed to use, and
when the vehicle is operated on gasoline. A manufacturer must demon-
strate compliance with the applicable exhaust mass emission standards
for NMOG, CO, NOx and formaldehyde set forth in the table in section
1961(a)(1) when certifying the vehicle for operation on the gaseous or
alcohol fuel.
The following standards represent the maximum NMOG emissions
when the vehicle is operating on gasoline. A manufacturer shall not apply
a reactivity adjustment factor to the exhaust NMOG mass emission result
when operating on gasoline. A manufacturer may measure NMHC in lieu
of NMOG when fuel-flexible, bi-fuel and dual-fuel vehicles are oper-
ated on gasoline, in accordance with the test procedures incorporated by
Page 233
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§1961
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
reference in section 1961(d). Testing at50°Fis not required for fuel-flex-
ible, bi-fuel and dual-fuel vehicles when operating on gasoline. The ap-
plicable CO, NOx and formaldehyde standards are set forth in section
1961(a)(1).
LEV II NMOG Standards for Bi-Fuel, Fuel-Flexible and Dual-
Fuel Vehicles Operating on Gasoline (g/mi)
Vehicle Durability Vehicle Basis
Emission
Vehicle Type Category 50,000 mi 120,000 mi
All PCs; LDTs.
LEV
0.125
0.156
0-8500 lbs. GVW
ULEV
0.075
0.090
SULEV
0.010
0.040
MDVs, 8501-10,000 LEV
n/a
0.230
lbs. GVW
ULEV
n/a
0.167
SULEV
n/a
0.117
MDVs, 10,001-
LEV
n/a
0.280
14,000 lbs. GVW
ULEV
n/a
0.195
SULEV
n/a
0.143
(4) 50"F Exhaust Emission Standards. All light- and medium-duty
LEVs, ULEVs and SULEVs must demonstrate compliance with the fol-
lowing exhaust emission standards for NMOG and formaldehyde
(HCHO) measured on the FTP (40 CFR, Part 86, Subpart B) conducted
at a nominal test temperature of 50°F, as modified by Part II, Section C
of the "California Exhaust Emission Standards and Test Procedures for
2001 and Subsequent Model Passenger Cars, Light-Duty Trucks and
Medium-Duty Vehicles" incorporated by reference in section 1961(d).
The NMOG mass emission result shall be multiplied by the applicable
reactivity adjustment factor, if any, prior to comparing to the applicable
adjusted 50,000 mile certification standards set forth below. A manufac-
turer may demonstrate compliance with the NMOG and HCHO certifica-
tion standards contained in this subparagraph by measuring NMHC ex-
haust emissions or issuing a statement of compliance for HCHO in
accordance with Section D.l, subparagraph (p) and Section G.3.1.2, re-
spectively, of the "California Exhaust Emission Standards and Test Pro-
cedures for 2001 and Subsequent Model Passenger Cars, Light-Duty
Trucks and Medium-Duty Vehicles" incorporated by reference in sec-
tion 1 961(d). Emissions of CO and NOx measured at 50°F shall not ex-
ceed the standards set forth in §1961(a)(l) applicable to vehicles of the
same emission category and vehicle type subject to a cold soak and emis-
sion test at 68° to 86°F. Natural gas and diesel-fueled vehicles are ex-
empt from the 50° F test requirements.
Vehicle Weight Class Vehicle Emission Category (g/mi)
LEV ULEV SULEV
NMOG HCHO NMOG HCHO NMOG HCHO
PCs; LDTs 0-8500 lbs. 0.150 0.030 0.080 0.016 0.020 0.008
GVW
MDVs 8501-10,000 lbs. 0.390 0.064 0.286 0.032 0.200 0.016
GVW
MDVs 10,001-14,000 0.460 0.080 0.334 0.042 0.234 0.020
lbs. GVW
(5) Cold CO Standard. The following standards represent the 50,000
mile cold temperature exhaust carbon monoxide emission levels from
new 2001 and subsequent model-year passenger cars, light-duty trucks,
and medium-duty vehicles:
2001 AND SUBSEQUENT MODEL-YEAR COLD
TEMPERATURE CARBON MONOXIDE EXHAUST
EMISSIONS STANDARDS FOR PASSENGER CARS,
LIGHT-DUTY TRUCKS, AND MEDIUM-DUTY VEHICLES
(grams per mile)
Vehicle Type Carbon Monoxide
. All PCs, LDTs 0-3750 lbs. LVW 10.0
LDTs, 3751 lbs. LVW - 8500 lbs. GVW; 12.5
LEV I and Tier 1 MDVs 8500 lbs. GVW and less
These standards are applicable to vehicles tested at a nominal tempera-
ture of 20°F (-7°C) in accordance with 40 CFR Part 86 Subpart C, as
amended by the "California Exhaust Emission Standards and Test Proce-
dures for 2001 and Subsequent Model Passenger Cars, Light-Duty
Trucks and Medium-Duty Vehicles" incorporated by reference in sec-
tion 1961(d). Natural gas, diesel-fueled and zero-emission vehicles are
exempt from these standards.
(6) Highway NOx Standard. The maximum emissions of oxides of ni-
trogen measured on the federal Highway Fuel Economy Test (HWFET;
40 CFR 600 Subpart B, which is incorporated herein by reference) shall
not be greater than 1.33 times the applicable PC and LDT standards or
2.0 times the applicable MDV standards set forth in section 1961(a)(1).
Both the projected emissions and the HWFET standard shall be rounded
in accordance with ASTM E29-67 to the nearest 0.1 g/mi (or 0.01 g/mi
for vehicles certified to the 0.05 or 0.02 g/mi NOx standards) before be-
ing compared.
(7) Supplemental Federcd Test Procedure (SFTP) Off-Cycle Emission
Standards. The SFTP exhaust emission levels from new 2004 and subse-
quent model LEVs, ULEVs, and SULEVs shall not exceed the standards
set forth in section 1960. l(r).
(8) Requirements for Vehicles Certified to the Optional 150,000 Mile
Standards.
(A) Requirement to Generate Additional Fleet Average NMOG Cred-
it. A vehicle that is certified to the 150,000 mile standards in section
1961(a) shall generate additional NMOG fleet average credit as set forth
in 1961(b)(1) or additional vehicle equivalent credits as set forth in
1961(b)(2) provided that the manufacturer extends the warranty on high
cost parts to 8 years or 100,000 miles, whichever occurs first, and agrees
to extend the limit on high mileage in-use testing to 112,500 miles.
(B) Requirement to Generate a Partial ZEV Allowance. A vehicle that
is certified to the 150,000 mile SULEV standards shall also generate a
partial ZEV allocation according to the criteria set forth in section C.3 of
the "California Exhaust Emission Standards and Test Procedures for
2005 and Subsequent Model Zero-Emission Vehicles, and 2001 and
Subsequent Model Hybrid Electric Vehicles, in the Passenger Car,
Light-Duty Truck and Medium-Duty Vehicle Classes," incorporated by
reference in section 1962.
(9) Optional LEV II NOx Standard. A manufacturer may certify up to
4% of its light-duty truck fleet from 3751 lbs. LVW - 8500 lbs. GVW
with a maximum base payload of 2500 lbs. or more to the LEV, option
1, standard set forth in 1961(a)(1) based on projected sales of trucks in
the LDT2 category. Passenger cars and light-duty trucks 0-3750 lbs.
LVW are not eligible for this option.
(10) Intermediate In-Use Compliance Standards. For test groups cer-
tified prior to the 2007 model year, the following intermediate in-use
compliance standards shall apply for the first two model years the test
group is certified to the new standard. For SULEVs certified prior to the
2004 model year, the following intermediate in-use compliance SULEV
standards shall apply through the 2006 model year.
Emission Category
LEV/ULEV
LEV, Option 1
SULEV
Durability
Vehicle Basis
50.000
120,000
150,000
50,000
120,000
150,000
120,000
150,000
LEV II PCs
and LDTs
NMOG NOx
n/a
n/a
n/a
n/a
n/a
n/a
0.020
0.020
0.07
0.10
0.10
0.10
0.14
0.14
0.03
0.03
LEV II MDVs
8500 - 10,000 lbs.
GVW
NOx
n/a
0.3
0.3
n/a
n/a
n/a
0.15
0.15
(11) NMOG Credit for Vehicles with Zero-Evaporative Emissions. In
determining compliance of a vehicle with the applicable exhaust NMOG
standard, a gram per mile NMOG factor, to be determined by the Execu-
tive Officer based on available data, shall be subtracted from the reactiv-
Page 234
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Title 13
Air Resources Board
§1961
•
ity-adjusted NMOG exhaust emission results for any vehicle that has
been certified to the "zero" evaporative emission standard set forth in title
13, CCR, section 1976(b)(l )(E). This credit shall not apply to a SULEV
that generates a partial ZEV allowance.
(12) NMOG Credit for Direct Ozone Reduction Technology. A
manufacturer that certifies vehicles equipped with direct ozone reduction
technologies shall be eligible to receive NMOG credits that can be ap-
plied to the NMOG exhaust emissions of the vehicle when determining
compliance with the standard. In order to receive credit, the manufacturer
must submit the following information for each vehicle model, includ-
ing, but not limited to:
(A) a demonstration of the airflow rate through the direct ozone reduc-
tion device and the ozone-reducing efficiency of the device over the
range of speeds encountered in the Unified Cycle Driving Schedule.
(B) an evaluation of the durability of the device for the full useful life
of the vehicle; and
(C) a description of the on-board diagnostic strategy for monitoring
the performance of the device in-use.
Using the above information, the Executive Officer shall determine
the value of the NMOG credit based on the calculated change in the one-
hour peak ozone level using an approved airshed model.
(13) NOx Credits for Pre-2004 MDVs Certified to the LEV I LEV or
ULEV Standards. Prior to the 2004 model year, a manufacturer may earn
a 0.02 g/mi per vehicle NOx credit for MDVs between 6,000-8500 lbs.
G VW certified to the LEV I LEV or ULEV standards for PCs and LDTs
set forth in section 1960.1(g)(1). The manufacturer may apply the credit
on a per vehicle basis to the NOx emissions of LDTs between
6,000-8500 lbs. GVW certified to the PC/LDT LEV or ULEV standards
in section 1961(a)(1) for the 2004 through 2008 model years.
(14) When a Federally-Certified Vehicle Model is Required in
California.
(A) General Requirement. Whenever a manufacturer federally-certi-
fies a 2004 or subsequent model-year passenger car, light-duty truck or
medium-duty vehicle model to the standards for a particular emissions
bin that are more stringent than the standards for an applicable California
emission category, the equivalent California model may only be certified
to (i) the California standards for a vehicle emissions category that are at
least as stringent as the standards for the corresponding federal emissions
bin, or (ii) the exhaust emission standards to which the federal model is
certified. However, where the federal exhaust emission standards for the
particular emissions bin and the California standards for a vehicle emis-
sions category are equally stringent, the California model may only be
certified to either the California standards for that vehicle emissions cate-
gory or more stringent California standards. The federal emission bins
are those contained in Tables S04-1 and S04-2 of 40 CFR
§ 86.181 l-04(c) as adopted February 10, 2000. The criteria for applying
this requirement are set forth in Part I. Section H. 1 of the "California Ex-
haust Emission Standards and Test Procedures for 2001 and Subsequent
Model Passenger Cars, Light-Duty Trucks and Medium-Duty Ve-
hicles," as incorporated by reference in section 1961(d).
(B) Exception for clean fuel fleet vehicles. Section 1961(a)(14)(A)
does not apply in the case of a federally-certified vehicle model that is
only marketed to fleet operators for applications that are subject to clean
fuel fleet requirements established pursuant to section 246 of the federal
Clean Air Act (42 U.S.C. sec. 7586). In addition, the Executive Officer
shall exclude from the requirement a federally-certified vehicle model
where the manufacturer demonstrates to the Executive Officer's reason-
able satisfaction that the model will primarily be sold or leased to clean
fuel fleet operators for such applications, and that other sales or leases of
the model will be incidental to marketing to those clean fuel fleet opera-
tors.
(C) Opt-in for 2003 or prior model year vehicles. A manufacturer may
certify a passenger car, light-duty truck or medium-duty vehicle to fed-
eral exhaust emission standards pursuant to section 1 961 (a)(l 4)(A) prior
to the 2004 model year.
(15) Emission Standard for a Fuel-Fired Heater. Whenever a
manufacturer elects to utilize an on-board fuel-fired healer on any pas-
senger car, light-duty truck or medium-duty vehicle, the fuel-fired heat-
er must meet LEV II ULEV standards for passenger cars and light-duty
trucks less than 8,500 pounds GVW as set forth in section 1961(a)(1).
On-board fuel-fired heaters may not be operable at ambient tempera-
tures above 40°F.
(b) Emission Standards Phase-In Requirements for Manufacturers.
(1) Fleet Average NMOG Requirements for Passenger Cars and
Light-Duty Trucks.
(A) The fleet average non-methane organic gas exhaust mass emis-
sion values from the passenger cars and light-duty trucks certified to the
Tier 1, LEV I and LEV II standards that are produced and delivered for
sale in California each model year by a manufacturer other than a small
volume manufacturer or an independent low volume manufacturer shall
not exceed:
FLEET AVERAGE NON-METHANE ORGANIC GAS
EXHAUST MASS EMISSION REQUIREMENTS FOR
LIGHT-DUTY VEHICLE WEIGHT CLASSES
(50,000 mile Durability Vehicle Basis)
Model Year
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010+
Fleet Average NMOG (grains per mile)
All PCs; LDTs
LDTs 0-3750 lbs. 3751 lbs. LVW - 8500 lbs.
LVW GVW
0.070 0.098
0.068 0.095
0.062 0.093
0.053 0.085
0.049 0.076
0.046 0.062
0.043 0.055
0.040 0.050
0.038 0.047
0.035 0.043
(B) Calculation of Fleet Average NMOG Value.
1 . Basic Calculation.
a. Each manufacturer's PC and LDT1 fleet average NMOG value for
the total number of PCs and LDTls produced and delivered for sale in
California shall be calculated as follows:
(X [Number of vehicles in a test group x applicable emission standard! +
X [Number of hybrid electric vehicles in a test group x HEV NMOG factor]) -r
Total Number of Vehicles Produced, Including ZEVs and HEVs
b. Each manufacturer's LDT2 fleet average NMOG value for the total
number of LDT2s produced and delivered for sale in California shall be
calculated as follows:
(X [Number of vehicles in a test group x applicable emission standard] +
X [Number of hybrid electric vehicles in a test group x HEV NMOG factor]) -=-
Total Number of Vehicles Produced, Including ZEVs and HEVs
c. The applicable emission standards to be used in the above equations
are as follows:
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§1961
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
Model Year
2001 and subsequent (§1960.5 "AB 965"
vehicles only)
2001 -2003 (§1960.1(0(2))
2001 - 2006 model year vehicles
certified to the "LEV I" standards in
§1960. 1(g)(1) (For TLEVs. 2001 - 2003
model years only)
Model Year
2004 and subsequent model year vehicles
certified to the "LEV II"
standards in §1961(a)(l)
2004 and subsequent model year vehicles
certified to the optional 150,000 mile "LEV II"
standards for PCs and LDTs in 1961(a)(1)
2. HEV NMOG Factor. The HEV NMOG factor for light-duty ve-
hicles is calculated as follows:
LEV HEV Contribution Factor = 0.075 - [(Zero-emission VMT Fac-
tor) x 0.035]
ULEV HEV Contribution Factor = 0.040 - [(Zero-emission VMT
Factor) x 0.030]
where Zero-emission VMT Factor for HEVs is determined in accor-
dance with section 1962.
3. Federally-Certified Vehicles. A vehicle certified to the federal stan-
dards for a federal exhaust emissions bin in accordance with Section H. 1
of the "California Exhaust Emission Standards and Test Procedures for
2001 and Subsequent Model Passenger Cars, Light-Duty Trucks, and
Medium-Duty Vehicles," as incorporated by reference in section
1961(d), shall use the corresponding intermediate useful life NMOG
standard to which the vehicle is deemed certified in the fleet average cal-
culation.
(C) Requirements for Small Volume Manufacturers.
1. In 2001 through 2006 model years, a small volume manufacturer
shall not exceed a fleet average NMOG value of 0.075 g/mi for PCs and
LDTs from 0-3750 lbs. LVW or 0.100 g/mi for LDTs from 3751-5750
lbs. LVW calculated in accordance with section 1961(b)(1)(B). In 2007
and subsequent model years, a small volume manufacturer shall not ex-
ceed a fleet average NMOG value of 0.075 for PCs and LDTs from
0-3750 lbs. LVW or 0.075 for LDTs from 3751 lbs. LVW - 8500 lbs.
GVW calculated in accordance with section 1961(b)(1)(B).
2. If a manufacturer's average California sales exceed 4500 units of
new PCs, LDTs, MDVs and heavy duty engines based on the average
number of vehicles sold for the three previous consecutive model years,
the manufacturer shall no longer be treated as a small volume manufac-
turer and shall comply with the fleet average requirements applicable to
larger manufacturers as specified in section 1961(b)(1) beginning with
the fourth model year after the last of the three consecutive model years.
3. If a manufacturer's average California sales fall below 4500 units
of new PCs, LDTs, MDVs and heavy duty engines based on the average
number of vehicles sold for the three previous consecutive model years,
the manufacturer shall be treated as a small volume manufacturer and
shall be subject to the requirements for small volume manufacturers be-
ginning with the next model year.
(D) Phase-in Requirements for Independent Low Volume Manufac-
turers. In 2001 through 2006 model years, an independent low volume
manufacturer shall not exceed a fleet average NMOG value of 0.075 g/mi
for PCs and LDTs from 0-3750 lbs. LVW or 0.100 g/mi for LDTs from
3751-5750 lbs. LVW calculated in accordance with section
1961(b)(1)(B). In 2007 and subsequent model years, an independent low
Emission Category
Emission
All PCs:
LDTs 0-3750 lbs. LVW
Standard Value
LDTs
3751-5750 lbs. LVW
All
Tierl
Federal Emission Standard
to which Vehicle is
Certified
0.25
Federal Emission
Standard to which
Vehicle is Certified
0.32
TLEVs
LEVs
ULEVs
0.125
0.075
0.040
0.160
0.100
0.050
Emission Category
All PCs:
LDTs 0-3750 lbs. LVW
LDTs
3751 lbs. LVW-8500 lbs. GVW
LEVs
ULEVs
SULEVs
0.075
0.040
0.01
0.075
0.040
0.01
LEVs
ULEVs
SULEVs
0.06
0.03
0.0085
0.06
0.03
0.0085
volume manufacturer shall not exceed a fleet average NMOG value of
0.060 for PCs and LDTs from 0-3750 lbs. LVW or 0.065 g/mi for LDTs
from 3751 lbs. LVW - 8500 lbs. GVW calculated in accordance with sec-
tion 1961(b)(1)(B).
(E) Treatment ofZEVs. ZEVs classified as LDTs (>3750 lbs. LVW)
that have been counted toward the ZEV requirement for PCs and LDTs
(0-3750 lbs. LVW) as specified in section 1962 shall be included as
LDTls in the calculation of a fleet average NMOG value.
(2) LEV II Phase-In Requirement for PCs and LDTs. Beginning in the
2004 model year, a manufacturer, except a small volume manufacturer
or an independent low volume manufacturer, shall certify a percentage
of its PC and LDT fleet to the LEV II standards in section 1961(a) accord-
ing to the following phase in schedule:
Model Year PC/LDT1 (%)
2004
2005
2006
2007
25
50
75
100
LDT2 (%)
25
50
75
100
In determining compliance with the phase-in schedule, the fleet shall
consist of LEV I and LEV II PCs and LDTls for the PC/LDT1 calcula-
tion, and LEV I and LEV II LDT2s for the LDT2 calculation. LEV I
MDVs are not counted in the calculation until they are certified as LEV
II LDT2s.
A manufacturer may use an alternative phase-in schedule to comply
with these phase-in requirements as long as equivalent NOx emission re-
ductions are achieved by the 2007 model year from each of the two cate-
gories — PC/LDT1 and LDT2. Model year emission reductions shall be
calculated by multiplying the percent of either PC/LDT1 or LDT2 ve-
hicles meeting the LEV II standards in a given model year (based on a
manufacturer's projected sales volume of vehicles in each category) by
4 for the 2004 model year, 3 for the 2005 model year, 2 for the 2006 model
year and 1 for the 2007 model year. The yearly results for PCs/LDTls
shall be summed together to determine a separate cumulative total for
PCs/LDTls and the yearly results for LDT2s shall be summed together
to determine a cumulative total for LDT2s. The cumulative total for each
category must be equal to or exceed 500 to be considered equivalent. A
manufacturer may add vehicles introduced before the 2004 model year
(e.g., the percent of vehicles introduced in 2003 would be multiplied by
5) to the cumulative total.
(3) Medium-Duty Vehicle Pfiase-In Requirements.
(A) A manufacturer of MDVs, other than a small volume manufactur-
er, shall certify an equivalent percentage of its MDV fleet according to
the following phase-in schedule:
Page 236
Register 2008, No. 25; 6-20-2008
Title 13
Air Resources Board
§1961
Model Year
Vehicles Certified to §1960. 1(h)(1),
(h)(2). and §1961(a)(l) (%)
LEV ULEV
Vehicles Certified to
§1956.8(g) or'(h) (%)
Tier 1 LEV ULEV
2001
2002
2003
2004 +
80
70
60
40
20
30
40
60
100
0
0
0
0 0
100 0
100 0
0 100
(B) Phase-In Requirements for LEV II MDVs. For the 2004 through
2006 model years, a manufacturer, other than a small volume manufac-
turer must phase-in at least one test group per model year to the MDV
LEV II standards. All 2007 and subsequent model year MDVs, including
those produced by a small volume manufacturer, are subject to the LEV
II MDV standards. Beginning in the 2005 model year, all medium-duty
engines certified to the optional medium-duty engine standards in title
13, CCR §1 956.8(c) or (h), including those produced by a small volume
manufacturer, must meet the standards set forth in title 13, CCR
§1956.8(c) or (h), as applicable. A manufacturer that elects to certify to
the Option 1 or Option 2 federal standards as set forth in 40 CFR
§86.005-10(f) is not subject to these phase-in requirements.
(C) Identifying a Manufacturer's MDV Fleet. For the 2001 and subse-
quent model years, each manufacturer's MDV fleet shall be defined as
the total number of California-certified MDVs produced and delivered
for sale in California. The percentages shall be applied to the manufactur-
ers' total production of California-certified medium-duty vehicles de-
livered for sale in California. For the 2005 and subsequent model years,
a manufacturer that elects to the optional medium-duty engine standards
in title 13, CCR, § 1956.8(c) or (h) shall not count those engines in the
manufacturer's total production of California-certified medium-duty
vehicles for purposes of this subsection.
(D) Requirements for Small Volume Manufacturers. In 2001 through
2003 model years, a small volume manufacturer shall certify, produce,
and deliver for sale in California vehicles or engines certified to the MDV
Tier 1 standards in a quantity equivalent to 100% of its MDV fleet. In
2004 through 2006 model years, a small volume manufacturer shall certi-
fy, produce, and deliver for sale in California vehicles or engines certified
to the MDV LEV I standard in a quantity equivalent to 100% of its MDV
fleet. Engines certified to these MDV LEV I standards are not be eligible
for emissions averaging.
(E) For a manufacturer that elects to certify to the optional medium-
duty engine standards in title 13, CCR §1956.8(c) or (h), all such 2005
and subsequent model year MDVs, including those produced by a small
volume manufacturer, shall be subject to the emissions averaging provi-
sions applicable to heavy-duty diesel or Otto-cycle engines as set forth
in the "California Exhaust Emission Standards and Test Procedures for
2004 and Subsequent Model Heavy-Duty Otto-Cycle Engines," or the
"California Exhaust Emissions Standards and Test Procedures for 2004
and Subsequent Model Heavy-Duty Diesel Engines, incorporated by
reference in §1956. 8(b) or (d), as applicable.
(c) Calculation ofNMOG Credits/Debits
(1 ) Calculation ofNMOG Credits for Passenger Cars and Light-Duty
Trucks. In 2001 and subsequent model years, a manufacturer that
achieves fleet average NMOG values lower than the fleet average
NMOG requirement for the corresponding model year shall receive cred-
its in units of g/mi NMOG determined as:
[(Fleet Average NMOG Requirement) - (Manufacturer's Fleet
Average NMOG Value)] x (Total No. of Vehicles Produced and
Delivered for Sale in California, Including ZEVs and HEVs).
A manufacturer with 2001 and subsequent model year fleet average
NMOG values greater than the fleet average requirement for the corre-
sponding model year shall receive debits in units of g/mi NMOG equal
to the amount of negative credits determined by the aforementioned
equation. For the 2001 and subsequent model years, the total g/mi
NMOG credits or debits earned for PCs and LDTs 0-3750 lbs. LVW, for
LDTs 3751-5750 lbs. LVW and for LDTs 3751 lbs. LVW - 8500 lbs.
GVW shall be summed together. The resulting amount shall constitute
the g/mi NMOG credits or debits accrued by the manufacturer for the
model year.
(2) Calculation of Vehicle Equivalent NMOG Credits for Medium-
Duty Vehicles.
(A) In 2001 and subsequent model years, a manufacturer that produces
and delivers for sale in California MDVs in excess of the equivalent re-
quirements for LEVs, ULEVs and/or SULEVs certified to the exhaust
emission standards set forth in section 1 961 (a)( 1 ) or to the exhaust emis-
sion standards set forth in Title 1 3, CCR, Section 1 956.8(h) shall receive
"Vehicle-Equivalent Credits" (or "VECs") calculated in accordance
with the following equation, where the term "produced" means produced
and delivered for sale in California:
{[(No. of LEVs Produced excluding HEVs) +
(No. of LEV HEVs x HEV VEC factor for LEVs)] +
(1.20 x No. of LEVs certified to the 150,000 mile standards)} -
(Equivalent No. of LEVs Required to be Produced)} +
{[(1.4) x (No. of ULEVs Produced excluding HEVs) +
(No. of ULEV HEVs x HEV VEC factor for ULEVs)] +
(1.50 x No. of ULEVs certified to the 150,000 mile standards)} -
[(1.4) x (Equivalent No. of ULEVs Required to be Produced)]} +
{[(1.7) x (No. of SULEVs Produced excluding HEVs) +
(No. of SULEV HEVs x HEV VEC factor for SULEVs)] +
(1.75 x No. of SULEVs certified to the 150,000 mile standards)} -
[(1.7) x [(Equivalent No. of SULEVs Required to be Produced)]} +
[(2.0) x (No. of ZEVs Certified and Produced as MDVs)].
MDVs certified prior to the 2004 model year to the LEV 1 LEV or
ULEV standards for PCs and LDTs 0-3750 lbs. LVW set forth in section
E.l of these test procedures shall receive VECs calculated in accordance
with the following equation, where the term "produced" means produced
and delivered for sale in California:
[(1.6) x (No. of MDVs meeting the LEV I LEV standards for PCs and
LDTs 0-3750 lbs. LVW excluding HEVs) +
(No. of HEVs meeting the LEV 1 LEV standards for PCs and LDTs
0-3750 lbs. LVW x HEV VEC factor for MDVs meeting the LEV I LEV
standards for PCs and LDTs 0-3750 lbs. LVW)]+
[(1.65 x No. of MDVs certified to the 150,000 mile LEV I LEV standards
for PCs and LDTs 0-3750 lbs. )] +
[(1.8) x (No. of MDVs meeting the LEV I ULEV standards for PCs and
LDTs 0-3750 lbs. LVW excluding HEVs) +
(No. of HEVs meeting the LEV I ULEV standards for PCs and LDTs
0-3750 lbs. LVW x HEV VEC factor for MDVs meeting the LEV I
ULEV standards for PCs and LDTs 0-3750 lbs. LVW)]+
[(1.85 x No. of MDVs certified to the 150,000 mile LEV I ULEV stan-
dards for PCs and LDTs 0-3750 lbs.)].
(B) MDV HEV VEC factor. The MDV HEV VEC factor is calculated
as follows:
I + [(LEV standard -ULEV standard) x (Zero-emission VMT Factor)
-5- LEV standard] for LEVs;
1 + [(ULEV standard - SULEV standard) x (Zero-emission VMT
Factor) -r ULEV standard] for ULEVs;
1 + [(SULEV standard - ZEV standard) x (Zero-emission VMT Fac-
tor) 4- SULEV standard] for SULEVs;
where "Zero-emission VMT Factor" for an HEV is determined in ac-
cordance with section 1 962.
The HEV VEC factor for MDVs prior to model year 2004 meeting the
LEV 1 LEV and ULEV standards for PCs and LDTs 0-3750 lbs. LVW
is calculated as follows:
Page 236.1
Register 2008, No. 25; 6-20-2008
§ 1961.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
] + [(MDV SULEV standard - PC LEV I LEV standard) x (Zero-
emission VMT Factor) 4- PC LEV I LEV standard] for MDVs meeting
the LEV I LEV standards for PCs and LDTs 0-3750 lbs. LVW;
J + [(MDV SULEV standard - PC ULEV standard) x (Zero-emission
VMT Factor) h-PC LEV I ULEV standard] for MDVs meeting the
ULEV I LEV standards for PCs and LDTs 0-3750 lbs. LVW.
(C) A manufacturer that fails to produce and deliver for sale in Califor-
nia the equivalent quantity of MDVs certified to LEV, ULEV and/or SU-
LEV exhaust emission standards, shall receive ''Vehicle-Equivalent
Debits" (or "VEDs") equal to the amount of negative VECs determined
by the equation in section 1961(c)(2)(A).
(D) Only ZEVs certified as MDVs and not used to meet the ZEV re-
quirement shall be included in the calculation of VECs.
(3) Procedure for Offsetting Debits.
(A) A manufacturer shall equalize emission debits by earning g/mi
NMOG emission credits or VECs in an amount equal to the g/mi NMOG
debits or VEDs, or by submitting a commensurate amount of g/mi
NMOG credits or VECs to the Executive Officer that were earned pre-
viously or acquired from another manufacturer. For 2001 through 2003
and for 2007 and subsequent model years, manufacturers shall equalize
emission debits by the end of the following model year. For 2004 through
2006 model years, a manufacturer shall equalize NMOG debits for PCs
and LDTs and LEV II MDVs within three model years and prior to the
end of the 2007 model year. If emission debits are not equalized within
the specified time period, the manufacturer shall be subject to the Health
and Safety Code section 4321 1 civil penalty applicable to a manufacturer
which sells a new motor vehicle that does not meet the applicable emis-
sion standards adopted by the state board. The cause of action shall be
deemed to accrue when the emission debits are not equalized by the end
of the specified time period. For the purposes of Health and Safety Code
section 4321 1, the number of passenger cars and light-duty trucks not
meeting the state board's emission standards shall be determined by di-
viding the total amount of g/mi NMOG emission debits for the model
year by the g/mi NMOG fleet average requirement for PCs and LDTs
0-3750 lbs. LVW applicable for the model year in which the debits were
first incurred and the number of medium-duty vehicles not meeting the
state board's emission standards shall be equal to the amount of VEDs
incurred.
(B) The emission credits earned in any given model year shall retain
full value through the subsequent model year. The value of any credits
not used to equalize the previous model-year's debit shall be discounted
by 50% at the beginning of second model year after being earned, shall
be discounted to 25% of its original value if not used by the beginning
of the third model year after being earned, and will have no value if not
used by the beginning of the fourth model year after being earned.
(d) Test Procedures. The certification requirements and test proce-
dures for determining compliance with the emission standards in this sec-
tion are set forth in the "California Exhaust Emission Standards and Test
Procedures for 2001 and Subsequent Model Passenger Cars, Light-Duty
Trucks, and Medium-Duty Vehicles," as amended May 2, 2008 and the
"California Non-Methane Organic Gas Test Procedures," as amended
July 30, 2002, which are incorporated herein by reference. In the case of
hybrid electric vehicles and on-board fuel-fired heaters, the certification
requirements and test procedures for determining compliance with the
emission standards in this section are set forth in the "California Exhaust
Emission Standards and Test Procedures for 2005 and Subsequent Model
Zero-Emission Vehicles, and 2001 and Subsequent Model Hybrid Elec-
tric Vehicles, in the Passenger Car, Light-Duty Truck and Medium-
Duty Vehicle Classes," incorporated by reference in section 1962.
(e) Abbreviations. The following abbreviations are used in this section
1961:
"ALVW" means adjusted loaded vehicle weight.
"ASTM" means American Society of Testing and Materials.
"CO" means carbon monoxide.
"FTP" means Federal Test Procedure.
"g/mi" means grams per mile.
"GVW" means gross vehicle weight.
"GVWR" means gross vehicle weight rating.
"HEV" means hybrid-electric vehicle.
"LDT" means light-duty taick.
"LDT1" means a light-duty truck with a loaded vehicle weight of
0-3750 pounds.
"LDT2" means a "LEV II" light-duty truck with a loaded vehicle
weight of 3751 pounds to a gross vehicle weight of 8500 pounds or a
"LEV I" light-duty truck with a loaded vehicle weight of 3751-5750
pounds.
"LEV" means low-emission vehicle.
"LPG" means liquefied petroleum gas.
"LVW" means loaded vehicle weight.
"MDV" means medium-duty vehicle.
"mg/mi" means milligrams per mile.
"NMHC" means non-methane hydrocarbons.
"Non-Methane Organic Gases" or "NMOG" means the total mass of
oxygenated and non-oxygenated hydrocarbon emissions.
"NOx" means oxides of nitrogen.
"PC" means passenger car.
"SULEV" means super-ultra-low-emission vehicle.
"TLEV" means transitional low-emission vehicle.
"ULEV" means ultra-low-emission vehicle.
"VEC" means vehicle-equivalent credits.
"VED" means vehicle-equivalent debits.
"VMT" means vehicle miles traveled.
"ZEV" means zero-emission vehicle.
NOTE: Authority cited: Sections 39500, 39600, 39601. 43013, 43018, 43101,
43104, 43105 and 43106, Health and Safety Code. Reference: Sections 39002,
39003, 39667, 43000, 43009.5, 43013, 43018, 43100, 43101, 43101.5, 43102,
43104, 43105, 43106, 43204 and 43205, Health and Safety Code.
History
1. New section filed 10-28-99; operative 11-27-99 (Register 99, No. 44).
2. Amendment filed 4-30-2001 ; operative 5-30-2001 (Register 2001, No. 18).
3. Amendment of subsections (a)(8)(B) and (d) filed 5-24-2002; operative
6-23-2002 (Register 2002, No. 21).
4. Amendment filed 9-16-2002; operative 10-16-2002 (Register 2002, No. 38).
5. Amendment of third paragraph, subsections (a)(4), (a)(8)(A) and (a)(12)(A),
new subsection (a)(15), amendment of subsections (b)(3)(B)-(D), new subsec-
tion (b)(3)(E) and amendment of subsections (d) and (e) filed 1 1-4-2003; op-
erative 12-4-2003 (Register 2003, No. 45).
6. Amendment of subsections (a)(8)(B) and (d) filed 2-25-2004; operative
3-26-2004 (Register 2004, No. 9).
7. Amendment of subsection (d) filed 7-1 5-2004; operative 8-14-2004 (Register
2004, No. 29).
8. Amendment of subsection (d) and Note filed 9-15-2005; operative 1-1-2006
(Register 2005, No. 37).
9. Change without regulatory effect amending incorporated document California
Exhaust Emission Standards and Test Procedures for 2001 and Subsequent
Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles filed
9-15-2005 pursuant to section 100, title 1, California Code of Regulations
(Register 2005, No. 37).
10. Amendment of incorporated document California Exhaust Emission Stan-
dards and Test Procedures for 2001 and Subsequent Model Passenger Cars,
Light-Duty Trucks, and Medium-Duty Vehicles and amendment of subsection
(d) filed 1-18-2007; operative 2-17-2007 (Register 2007, No. 3).
1 1 . Amendment of subsection (d) and amendment of Note filed 12-5-2007; op-
erative 1^1-2008 (Register 2007, No. 49).
12. Amendment of incorporated document California Exhaust Emission Stan-
dards and Test Procedures for 2001 and Subsequent Model Passenger Cars,
Light-Duty Trucks, and Medium-Duty Vehicles and amendment of subsection
(d) filed 6-16-2008; operative 6-16-2008 pursuant to Government Code sec-
tion 11343.4 (Register 2008, No. 25).
§ 1 961 .1 . Greenhouse Gas Exhaust Emission Standards
and Test Procedures — 2009 and Subsequent
Model Passenger Cars, Light-Duty Trucks, and
Medium-Duty Vehicles.
(a) Greenhouse Gas Emission Requirements. The greenhouse gas
emission levels from new 2009 and subsequent model year passenger
cars, light-duty trucks, and medium-duty passenger vehicles shall not
exceed the following requirements. Light-duty trucks from 3751 lbs.
LVW — 8500 lbs. GVW that are certified to the Option 1 LEV II NOx
Page 236.2
Register 2008, No. 25; 6-20-2008
Title 13
Air Resources Board
§ 1961.1
Standard in section 1961(a)(1) are exempt from these greenhouse gas
emission requirements, however, passenger cars, light-duty trucks
0-3750 lbs. LVW, and medium-duty passenger vehicles are not eligible
for this exemption.
(1 ) Fleet Average Greenhouse Gas Requirements for Passenger Cars,
Light-Duty Trucks, and Medium-Duty Passenger Vehicles.
(A) The fleet average greenhouse gas exhaust mass emission values
from passenger cars, light-duty trucks, and medium-duty passenger ve-
hicles that are produced and delivered for sale in California each model
year by a large volume manufacturer shall not exceed:
FLEET AVERAGE GREENHOUSE GAS
EXHAUST MASS EMISSION REQUIREMENTS FOR
PASSENGER CAR, LIGHT-DUTY TRUCK, AND MEDIUM-
DUTY PASSENGER VEHICLE WEIGHT CLASSES1
(4,000 mile Durability Vehicle Basis)
Fleet Average Greenhouse Gas Emissions
(grams per mite COi-equivalent)
All PCs;
LDTs
LDTs 0-3750 lbs.
3751 lbs.
LVW — 8500 lbs.
Model Year
LVW
GVW; MDPVs
2009
323
439
2010
301
420
2011
267
390
2012
233
361
2013
227
355
2014
222
350
2015
213
341
2016+
205
332
'Each manufacturer shall demonstrate compliance with these values in accor-
dance with section 1961.1(a)(1)(B).
(B) Calculation of Fleet Average Greenhouse Gas Value.
1 . Basic Calculation.
a. Each manufacturer shall calculate both a "city" grams per mile aver-
age C02-equivalent value for each GHG vehicle test group and a "high-
way" grams per mile average C02-equivalent value for each GHG ve-
hicle test group, including vehicles certified in accordance with section
1960.5 and vehicles certified in accordance with section 1961(a)(14), us-
ing the following formula. Greenhouse Gas emissions used for the "city"
C02-equivalent value calculation shall be measured using the "FTP" test
cycle (40 CFR, Part 86, Subpart B). Greenhouse Gas emissions used for
the "highway" C02-equivalent value calculation shall be based on emis-
sions measured using the Highway Test Procedures.
C02-Equivalent Value = COa + 296 x N20 + 23 x CH4 - A/C Direct Emissions
Allowance - A/C Indirect Emissions Allowance
A manufacturer may use N2O = 0.006 grams per mile in lieu of mea-
suring N2O exhaust emissions.
b. A/C Direct Emissions Allowance. A manufacturer may use the fol-
lowing A/C Direct Emission Allowances, upon approval of the Execu-
tive Officer, if that manufacturer demonstrates that the following require-
ments are met. Such demonstration shall include specifications of the
components used and an engineering evaluation that verifies the esti-
mated lifetime emissions from the components and the system. A
manufacturer shall also provide confirmation that the number of fittings
and joints has been minimized and components have been optimized to
minimize leakage. No A/C Direct Emissions Allowance is permitted if
the following requirements are not met.
i. A "low-leak air conditioning system" shall be defined as one that
meets all of the following criteria:
A. All pipe and hose connections are equipped with multiple o-rings,
seal washers, or metal gaskets only (e.g., no single o-rings);
B. All hoses in contact with the refrigerant must be ultra-low perme-
ability barrier or veneer hose on both the high-pressure and the low-
pressure sides of the system (e.g., no rubber hoses); and
C. Only multiple-lip compressor shaft seals shall be used (with either
compressor body o-rings or gaskets).
ii. For an air conditioning system that uses HFC-134a as the refriger-
ant:
A. A11 A/C Direct Emissions Allowance of 3.0 C02-equi valent grams
per mile shall apply if the system meets the criteria for a "low-leak air
conditioning system."
B. An A/C Direct Emissions Allowance of 3.0 C02-equi valent grams
per mile shall apply if the manufacturer demonstrates alternative technol-
ogy that achieves equal or lower direct emissions than a "low-leak air
conditioning system."
C. An A/C Direct Emissions Allowance greater than 3.0 CO2- equiva-
lent grams per mile may apply for an air conditioning system that reduces
refrigerant leakage further than would be obtained from a "low-leak air
conditioning system." A maximum A/C Direct Emissions Allowance of
6.0 C02-equivalent grams per mile may be earned for an air conditioning
system that has 100 percent containment of refrigerant during "normal
operation." To obtain an A/C Direct Emissions Allowance greater than
3.0 C02-equivalent grams per mile, the manufacturer must provide an
engineering evaluation that supports the allowance requested.
iii. For an air conditioning system that uses HFC-152a, CO2 refriger-
ant, or any refrigerant with a GWP of 150 or less: An A/C Direct Emis-
sions Allowance shall be calculated using the following formula:
A/C Direct Emissions Allowance = A - (B x C)
where: A = 9 C02~equivalent grams per mile (the lifetime vehicle
emissions expected from an air conditioning system that uses refrigerant
HFC-134a);
B=9 C02 - equivalent g/mi x GWP
1300
where: B is the lifetime vehicle emissions expected from an air condi-
tioning system that uses a refrigerant with a GWP of 150 or less, and
"GWP" means the GWP of this refrigerant; and
C = 1, except for an air conditioning system that meets the criteria of
a "low-leak air conditioning system."
For an air conditioning system that meets or exceeds the criteria of a
"low-leak air conditioning system," the following formula shall apply:
C=l - (0.12 x credit)
where: "credit" equals 3.0 C02~equivalent grams per mile for a "low-
leak air conditioning system" that meets the criteria of section
1961.1(a)(l)(B)l.b.L, or
"credit" equals a value greater than 3.0 C02-equi valent grams per
mile for an air conditioning system that reduces refrigerant leakage fur-
ther than would be obtained from a "low-leak air conditioning system."
A maximum credit of 6.0 C02-equivalent grams per mile may be earned
for an air conditioning system that has 100 percent containment of refrig-
erant during normal operation. To obtain a credit greater than 3.0
C02-equivalent grams per mile, the manufacturer must provide an engi-
neering evaluation that supports the credit requested.
c. A/C Indirect Emissions Allowance. A manufacturer may use the fol-
lowing A/C Indirect Emissions Allowances, upon approval of the Execu-
tive Officer, if the manufacturer demonstrates using data or an engineer-
ing evaluation that the air conditioning system meets the following
requirements. A manufacturer may use the following A/C Indirect Emis-
sions Allowances for other technologies, upon approval of the Executive
Officer, if that manufacturer demonstrates that the air conditioning sys-
tem achieves equal or greater C02~equi valent grams per mile emissions
reductions.
i. An "A/C system with reduced indirect emissions" shall be defined
as one that meets all of the following criteria:
A. Has managed outside and recirculated air balance to achieve com-
fort, demisting, and safety requirements, based on such factors as temper-
ature, humidity, pressure, and level of fresh air in the passenger compart-
ment to minimize compressor usage;
B. Is optimized for energy efficiency by utilizing state-of-the-art high
efficiency evaporators, condensors, and other components; and
C. Has an externally controlled compressor (such as an externally con-
trolled variable displacement or variable speed compressor or an exter-
nally controlled fully cycling fixed displacement compressor) that ad-
Page 236.2(a)
Register 2008, No. 25; 6-20-2008
§ 1961.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
justs evaporative temperature to minimize the necessity of reheating cold
air to satisfy occupant comfort.
ii. For an A/C system that meets all of the criteria for an "A/C system
with reduced indirect emissions," the allowance shall be calculated using
the following emission factors, up to a maximum allowance of 9.0
CCb-equivalent grams per mile if the system has one evaporator and up
to a maximum allowance of 1 1.0 CCb-equivalent grams per mile if the
system has two evaporators:
A. 5.0 CCh-equivalent grams per mile per 100 cc of maximum com-
pressor displacement for a system that does not use CO? as the refrigerant
B. 27.5 CO?-equivalent grams per mile per 100 cc of maximum com-
pressor displacement for a system that uses CO2 as the refrigerant
iii. For an air conditioning system equipped with a refrigerant having
a GWP of 1 50 or less, the allowance shall be calculated using the follow-
ing emission factors, up to a maximum allowance of 0.5 CCb-equivalent
grams per mile:
A. 0.2 CCb-equivalent grams per mile per lOOcc of maximum com-
pressor displacement for a system that does not use CCb as the refrigerant
and
B. 1.1 CCb-equivalent grams per mile per lOOcc of maximum com-
pressor displacement for a system that uses CO2 as the refrigerant.
d. Upstream Greenhouse Gas Emission Adjustment Factors for Alter-
native Fuel Vehicles. A grams per mile average CCb-equivalent value
for each GHG vehicle test group certifying on a fuel other than conven-
tional gasoline, including vehicles certified in accordance with section
1960.5 and vehicles certified in accordance with section 1961(a)(14),
shall be calculated as follows:
(CO2 + A/C Indirect Emissions) x (Fuel Adjustment Factor) +
296 x N20 + 23 x CH4 + A/C Direct Emissions
where:
A/C Indirect Emissions = A - B
where: "A" represents the indirect emissions associated with an A/C
system that does not incorporate any of the A/C improvements described
in section 1961.1(a)(l)(B)l.c. A is determined by the following emission
factors, with a maximum value of 17.0 CCb-equivalent grams per mile
for a system that has one evaporator and a maximum value of 21 .0 CO2-
equivalent grams per mile for a system that has two evaporators.
A = 9.6 CCb-equivalent grams per mile per lOOcc of maximum com-
pressor displacement for an A/C system that does not use CCb as the re-
frigerant or
A = 52.8 CCb-equivalent grams per mile per lOOcc of maximum com-
pressor displacement for an A/C system that uses CO2 as the refrigerant.
B = A/C Indirect Emissions Allowance as calculated per section
1961.1(a)(l)(B)l.c.
A/C Direct Emissions = 9 CC>2-equivalent grams per mile — A/C Di-
rect Emissions Allowance as calculated per section 1961. 1(a)(1)(B)!. b.
The Fuel Adjustment Factors are:
Fuel
Natural Gas
LPG
E85
Fuel Adjustment Factor
1.03
0.89
0.74
e. Calculation of CC>2-Equivalent Emissions for Hydrogen Internal
Combustion Engine Vehicles and for Electric and Hydrogen ZEVs. The
grams per mile average CCb-equivalent value for each GHG vehicle test
group certifying to ZEV standards, including vehicles certified in accor-
dance with section 1960.5 and vehicles certified in accordance with sec-
tion 1961(a)(14), shall be:
A/C Direct Emissions + Upstream Emissions Factor
where: A/C Direct Emissions = 9 CCb-equivalent grams per mile —
A/C Direct Emissions Allowance as calculated per section
1961.1(a)(l)(B)l.b.
The Upstream Emissions Factors are:
Upstream Emissions Factor^
Vehicle Type (COj-equivalent g/mi)
Electric ZEV 130
Hydrogen Internal Combustion Engine 290
Vehicle
Hydrogen ZEV 210
'The Executive Officer may approve use of a lower upstream emissions factor if
a manufacturer demonstrates the appropriateness of the lower value by providing
information that includes, but is not limited to, the percentage of hydrogen fuel or
the percentage of electricity produced for sale in California using a "renewable en-
ergy resource."
2. Calculation of Greenhouse Gas Values for Bi-Fuel Vehicles, Fuel-
Flexible Vehicles, Dual-Fuel Vehicles, and Grid-connected Hybrid
Electric Vehicles. For bi-fuel, fuel-flexible, dual-fuel, and grid-con-
nected hybrid, electric vehicles, a manufacturer shall calculate a grams
per mile average CCb-equivalent value for each GHG vehicle test group,
in accordance with section 1961. 1(a)(1)(B)!., based on exhaust mass
emission tests when the vehicle is operating on gasoline.
a. Optional Alternative Compliance Mechanisms. Beginning with the
2010 model year, a manufacturer that demonstrates that a bi-fuel, fuel-
flexible, dual-fuel, or grid-connected hybrid electric GHG vehicle test
group will be operated in use in California on the alternative fuel shall be
eligible to certify those vehicles using this optional alternative com-
pliance procedure, upon approval of the Executive Officer.
i. To demonstrate that bi-fuel, fuel-flexible, dual-fuel, or grid-con-
nected hybrid electric vehicles within a GHG vehicle test group will be
operated in use in California on the alternative fuel, the manufacturer
shall provide data that shows the previous model year sales of such ve-
hicles to fleets that provide the alternative fuel on-site or, for grid-con-
nected hybrid electric vehicles, to end users with the capability to re-
charge the vehicle on-site. This data shall include both the total number
of vehicles sales that were made to such fleets or end users with the capa-
bility to recharge the vehicle on-site and as the percentage of total GHG
vehicle test group sales. The manufacturer shall also provide data demon-
strating the percentage of total vehicle miles traveled by the bi-fuel, fuel-
flexible, dual-fuel, or grid-connected hybrid electric vehicles sold to
each fleet or to end users with the capability to recharge the vehicle on-
site in the previous model year using the alternative fuel and using gaso-
line.
ii. For each GHG vehicle test group that receives approval by the
Executive Officer under section 1961.1(a)(l)(B)2.a.i., a grams per mile
C02~equivalent value shall be calculated as follows:
C02-equivalent value = [A x E x B x C] + [(1 - (A x E x B)) x D]
where: A = the percentage of previous model year vehicles within a
GHG vehicle test group that were operated in use in California on the al-
ternative fuel during the previous calendar year;
B = the percentage of miles traveled by "A" during the previous calen-
dar year;
C = the C02-equivalent value for the GHG vehicle test group, as cal-
culated in section 1961.1(a)(l)(B)l, when tested using the alternative
fuel;
D = the C02-equivalent value for the GHG vehicle test group, as cal-
culated in section 1961.1(a)(l)(B)l, when tested using gasoline; and
E = 0.9 for grid-connected hybrid electric vehicles or
E = 1 for bi-fuel, fuel-flexible, and dual-fuel vehicles.
The Executive Officer may approve use of a higher value for "E" for
a grid-connected hybrid electric vehicle GHG vehicle test group if a
manufacturer demonstrates that the vehicles can reasonably be expected
to maintain more than 90 percent of their original battery capacity over
a 200,000 mile vehicle lifetime. The manufacturer may demonstrate the
appropriateness of a higher value either by providing data from real
world vehicle operation; or by showing that these vehicles are equipped
with batteries that do not lose energy storage capacity until after 100,000
miles; or by offering 10 year/150,000 mile warranties on the batteries.
iii. For the first model year in which a grid-connected hybrid electric
vehicle model is certified for sale in California, the manufacturer may es-
timate the sales and percentage of total vehicle miles traveled informa-
Page 236.2(b)
Register 2008, No. 25; 6-20-2008
Title 13
Air Resources Board
§ 1961.1
tion requested in section 1961.1(a)(l)(B)2.a.i. in lieu of providing actual
data, and provide final sales data and data demonstrating the percentage
of total vehicle miles traveled using electricity by no later than March 1
of the calendar year following the close of the model year.
3. Calculation of Fleet Average Greenhouse Gas Values.
a. Each manufacturer's PC and LDT1 fleet average Greenhouse Gas
value for the total number of PCs and LDTls produced and delivered for
sale in California, including vehicles certified in accordance with section
1960.5 and vehicles certified in accordance with section 1961(a)(14),
shall be calculated as follows:
[0.55 x (Z City Test Group Greenhouse Gas Values) + 0.45 x (Z
Highway Test Group Greenhouse Gas Values)] ■*- Total Number of
PCs and LDTls Produced, Including ZEVs and HEVs
where: City Test Group Greenhouse Gas Value = [(Total Number of
Vehicles in a Test Group — Z Number of Vehicles in Optional GHG Test
Vehicle Configurations) x "worst-case" calculated CC»2-equivalent val-
ue + £ (Number of vehicles in Optional GHG Test Vehicle Configura-
tions x applicable calculated C02-equivalent value)] measured using the
FTP test cycle; and
Highway Test Group Greenhouse Gas Value = [(Total Number of Ve-
hicles in a Test Group — Z (Number of Vehicles in Optional GHG Test
Vehicle Configurations) x "worst-case" calculated C02-equivalent val-
ue + Z (Number of vehicles in Optional GHG Test Vehicle Configura-
tions x applicable calculated C02~equivalent value)] measured using the
Highway Test Procedures.
b. Each manufacturer's LDT2 and MDPV fleet average Greenhouse
Gas value for the total number of LDT2s and MDPVs produced and de-
livered for sale in California, including vehicles certified in accordance
with section 1960.5 and vehicles certified in accordance with section
1961(a)(14), shall be calculated as follows:
[0.55 x (Z City Test Group Greenhouse Gas Values) + 0.45 x (Z
Highway Test Group Greenhouse Gas Values)] -*- Total Number of
LDT2s and MDPVs Produced, Including ZEVs and HEVs
where: City Test Group Greenhouse Gas Value = [(Total Number of
Vehicles in a Test Group — Z Number of Vehicles in Optional GHG Test
Vehicle Configurations) x "worst-case" calculated C02-equivalent val-
ue + Z (Number of vehicles in Optional GHG Test Vehicle Configura-
tions x applicable calculated C02-equivalent value)] measured using the
FTP test cycle; and
Highway Test Group Greenhouse Gas Value = [(Total Number of Ve-
hicles in a Test Group - Z Number of Vehicles in Optional GHG Test
Vehicle Configurations) x "worst-case" calculated C02~equivalent val-
ue + Z (Number of vehicles in Optional GHG Test Vehicle Configura-
tions x applicable calculated C02-equivalent value)] measured using the
Highway Test Procedures.
(C) Requirements for Intermediate Volume Manufacturers.
1. Before the 2016 model year, compliance with this section 1961.1
shall be waived for intermediate volume manufacturers.
2. For each intermediate volume manufacturer, the manufacturer's
baseline fleet average greenhouse gas value for PCs and LDT1 s and base-
line fleet average greenhouse gas value for LDT2s and MDPVs shall be
calculated, in accordance with section 1961.1(a)(1)(B) using its 2002
model year fleet.
3. In 2016 and subsequent model years, an intermediate volume
manufacturer shall either:
a. not exceed a fleet average greenhouse gas emissions value of 233
g/mi for PCs and LDTls and 361 g/mi for LDT2s and MDPVs, or
b. not exceed a fleet average greenhouse gas value of 0.75 times the
baseline fleet average greenhouse gas value for PCs and LDTls and 0.82
times the baseline fleet average greenhouse gas value for LDT2s and
MDPVs, as calculated in section 1961.1(a)(l)(C)2.
4. If a manufacturer's average annual California sales exceed 60,000
units of new PCs, LDTs, MDVs and heavy-duty engines based on the av-
erage number of vehicles sold for the three previous consecutive model
years, the manufacturer shall no longer be treated as a intermediate vol-
ume manufacturer and shall comply with the fleet average requirements
applicable to large volume manufacturers as specified in section
1961.1(a)(1) beginning with the fourth model year after the last of the
three consecutive model years.
5. If a manufacturer's average annual California sales fall below
60,001 units of new PCs, LDTs, MDVs and heavy-duty engines based
on the average number of vehicles sold for the three previous consecutive
model years, the manufacturer shall be treated as a intermediate volume
manufacturer and shall be subject to the requirements for intermediate
volume manufacturers beginning with the next model year.
(D) Requirements for Small Volume Manufacturers and Independent
Low Volume Manufacturers.
1. Before the 2016 model year, compliance with this section 1961.1
shall be waived for small volume manufacturers and independent low
volume manufacturers.
2. At the beginning of the 2013 model year, each small volume
manufacturer and independent low volume manufacturer shall identify
all 20 1 2 model year vehicle models, certified by a large volume manufac-
turer that are comparable to that small volume manufacturer or indepen-
dent low volume manufacturer's 201 6 model year vehicle models, based
on horsepower and horsepower to weight ratio. The small volume
manufacturer and independent low volume manufacturer shall demon-
strate to the Executive Officer the appropriateness of each comparable
vehicle model selected. Upon approval of the Executive Officer, s/he
shall provide to the small volume manufacturer and to the independent
low volume manufacturer the C02-equi valent value for each 201 2 mod-
el year vehicle model that is approved. The small volume manufacturer
and independent low volume manufacturer shall calculate an average
greenhouse gas emissions value for each its greenhouse gas vehicle test
groups based on the C02~equivalent values provided by the Executive
Officer.
3. In the 2016 and subsequent model years, a small volume manufac-
turer and an independent low volume manufacturer shall either:
a. not exceed the fleet average greenhouse gas emissions value calcu-
lated for each GHG vehicle test group for which a comparable vehicle is
sold by a large volume manufacturer, in accordance with section
1961.1(a)(l)(D)2; or
b. not exceed a fleet average greenhouse gas emissions value of 233
g/mi for PCs and LDTls and 361 g/mi for LDT2s and MDPVs; or
c. upon approval of the Executive Officer, if a small volume manufac-
turer demonstrates a vehicle model uses an engine, transmission, and
emission control system that is identical to a configuration certified for
sale in California by a large volume manufacturer, those small volume
manufacturer vehicle models are exempt from meeting the requirements
in paragraphs 3. a. and b. of this section.
4. If a manufacturer's average annual California sales exceed 4,500
units of new PCs, LDTs, MDVs and heavy-duty engines based on the av-
erage number of vehicles sold for the three previous consecutive model
years, the manufacturer shall no longer be treated as a small volume
manufacturer and shall comply with the fleet average requirements appli-
cable to larger volume manufacturers as specified in section 1 961 . 1 (a)( 1 )
beginning with the fourth model year after the last of the three consecu-
tive model years.
5. If a manufacturer's average annual California sales exceed 10,000
units of new PCs, LDTs, MDVs and heavy-duty engines based on the av-
erage number of vehicles sold for the three previous consecutive model
years, the manufacturer shall no longer be treated as an independent low
volume manufacturer and shall comply with the fleet average require-
ments applicable to larger volume manufacturers as specified in section
1961.1(a)(1) beginning with the fourth model year after the last of the
three consecutive model years.
6. If a manufacturer's average annual California sales fall below 4,501
units of new PCs, LDTs, MDVs and heavy-duty engines based on the av-
erage number of vehicles sold for the three previous consecutive model
years, the manufacturer shall be treated as a small volume manufacturer
Page 236.2(c)
Register 2008, No. 25; 6-20-2008
§ 1961.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
and shall be subject to the requirements for small volume manufacturers
beginning with the next model year.
(b) Calculation of Greenhouse Gas Credits/Debits.
(1) Calculation of Greenhouse Gas Credits for Passenger Cars,
Light-Duty Trucks, and Medium-Duty Passenger Vehicles.
(A) In the 2000 through 2008 model years, a manufacturer that
achieves fleet average Greenhouse Gas values lower than the fleet aver-
age Greenhouse Gas requirement applicable to the 2012 model year shall
receive credits for each model year in units of g/mi determined as:
[(Fleet Average Greenhouse Gas Requirement for the 2012 model
year) — (Manufacturer's Fleet Average Greenhouse Gas Value)] x
(Total No. of Vehicles Produced and Delivered for Sale in California,
Including ZEVs and HEVs).
(B) In 2009 and subsequent model years, a manufacturer that achieves
fleet average Greenhouse Gas values lower than the fleet average Green-
house Gas requirement for the corresponding model year shall receive
credits in units of g/mi Greenhouse Gas determined as:
[(Fleet Average Greenhouse Gas Requirement) — (Manufacturer's
Fleet Average Greenhouse Gas Value)] x (Total No. of Vehicles Pro-
duced and Delivered for Sale in California, Including ZEVs and
HEVs).
(2) A manufacturer with 2009 and subsequent model year fleet aver-
age Greenhouse Gas values greater than the fleet average requirement for
the corresponding model year shall receive debits in units of g/mi Green-
house Gas equal to the amount of negative credits determined by the
aforementioned equation. For the 2009 and subsequent model years, the
total g/mi Greenhouse Gas credits or debits earned for PCs and LDTls
and for LDT2s and MDPVs shall be summed together. The resulting
amount shall constitute the g/mi Greenhouse Gas credits or debits ac-
crued by the manufacturer for the model year.
(3) Procedure for Offsetting Greenhouse Gas Debits.
(A) A manufacturer shall equalize Greenhouse Gas emission debits by
earning g/mi Greenhouse Gas emission credits in an amount equal to the
g/mi Greenhouse Gas debits, or by submitting a commensurate amount
of g/mi Greenhouse Gas credits to the Executive Officer that were earned
previously or acquired from another manufacturer. A manufacturer shall
equalize Greenhouse Gas debits for PCs, LDTs, and MDPVs within five
model years after they are earned. If emission debits are not equalized
within the specified time period, the manufacturer shall be subject to the
Health and Safety Code section 43211 civil penalty applicable to a
manufacturer which sells a new motor vehicle that does not meet the ap-
plicable emission standards adopted by the state board. The cause of ac-
tion shall be deemed to accrue when the emission debits are not equalized
by the end of the specified time period. For the purposes of Health and
Safety Code section 432 1 1 , the number of passenger cars and LDT1 s not
meeting the state board's emission standards shall be determined by di-
viding the total amount of g/mi Greenhouse Gas emission debits for the
model year by the g/mi Greenhouse Gas fleet average requirement for
PCs and LDTs 0-3750 lbs. LVW applicable for the model year in which
the debits were first incurred. For the purposes of Health and Safety Code
section 4321 1, the number of LDT2s and MDPVs not meeting the state
board's emission standards shall be determined by dividing the total
amount of g/mi Greenhouse Gas emission debits for the model year by
the g/mi Greenhouse Gas fleet average requirement for LDTs 3751 lbs.
LVW — 8500 lbs. GVW and MDPVs applicable for the model year in
which the debits were first incurred.
(B) Greenhouse Gas emission credits earned in the 2000 through 2008
model years shall be treated as if they were earned in the 201 1 model year
and shall retain full value through the 2012 model year. Greenhouse Gas
emission credits earned in the 2009 and subsequent model years shall re-
tain full value through the fifth model year after they are earned. The val-
ue of any credits earned in the 2000 through 2008 model years that are
not used to equalize debits accrued in the 2009 through 201 2 model years
shall be discounted by 50% at the beginning of the 201 3 model year, shall
be discounted to 25% of its original value if not used by the beginning
of the 2014 model year, and will have no value if not used by the begin-
ning of the 2015 model year. Any credits earned in the 2009 and subse-
quent model years that are not used by the end of the fifth model year after
they are accrued shall be discounted by 50% at the beginning of the sixth
model year after being earned, shall be discounted to 25% of its original
value if not used by the beginning of the seventh model year after being
earned, and will have no value if not used by the beginning of the eighth
model year after being earned.
(c) Test Procedures. The certification requirements and test proce-
dures for determining compliance with the emission standards in this sec-
tion are set forth in the '"California Exhaust Emission Standards and Test
Procedures for 200 1 and Subsequent Model Passenger Cars. Light-Duty
Trucks, and Medium-Duty Vehicles," incorporated by reference in sec-
tion 1961(d). In the case of hybrid electric vehicles and on-board fuel-
fired heaters, the certification requirements and test procedures for deter-
mining compliance with the emission standards in this section are set
forth in the "California Exhaust Emission Standards and Test Procedures
for 2005 and Subsequent Model Zero-Emission Vehicles, and 2001 and
Subsequent Model Hybrid Electric Vehicles, in the Passenger Car,
Light-Duty Truck and Medium-Duty Vehicle Classes," incorporated by
reference in section 1962.
(d) Abbreviations. The following abbreviations are used in this section
1961.1:
"cc" mean cubic centimeters.
"CH4" means methane.
"CO2" means carbon dioxide.
"E85" means a blend of 85 percent ethanol and 15 percent gasoline.
"FTP" means Federal Test Procedure.
"GHG" means greenhouse gas.
"g/mi" means grams per mile.
"GVW" means gross vehicle weight.
"GVWR" means gross vehicle weight rating.
"GWP" means the global warming potential.
"HEV" means hybrid-electric vehicle.
"LDT" means light-duty truck.
"LDT1" means a light-duty truck with a loaded vehicle weight of
0-3750 pounds.
"LDT2" means a "LEV II" light-duty truck with a loaded vehicle
weight of 375 1 pounds to a gross vehicle weight of 8500 pounds.
"LEV" means low-emission vehicle.
"LPG" means liquefied petroleum gas.
"LVW" means loaded vehicle weight.
"MDPV" means medium-duty passenger vehicle.
"MDV" means medium-duty vehicle.
"mg/mi" means milligrams per mile.
"N2O" means nitrous oxide.
"PC" means passenger car.
"SULEV" means super-ultra-low-emission vehicle.
"ULEV" means ultra-low-emission vehicle.
"ZEV" means zero-emission vehicle.
(e) Definitions Specific to this Section. The following definitions apply
to this section 1961.1:
(1 ) "A/C Direct Emissions" means any refrigerant released from a mo-
tor vehicle's air conditioning system.
(2) "A/C Indirect Emissions" means any increase in motor vehicle ex-
haust CO2 emissions that can be attributed to the operation of the air
conditioning system.
(3) "GHG Vehicle Test Group" means vehicles that have an identical
test group, vehicle make and model, transmission class and driveline, as-
piration method (e.g., naturally aspirated, turbocharged), camshaft con-
figuration, valvetrain configuration, and inertia weight class.
(4) "Greenhouse Gas" means the following gases: carbon dioxide,
methane, nitrous oxide, and hydrofluorocarbons.
(5) "Grid-Connected Hybrid Electric Vehicle" means a hybrid elec-
tric vehicle that has the capacity for the battery to be recharged from an
off-board source of electricity and has some all-electric range.
Page 236.2(d)
Register 2008, No. 25; 6-20-2008
Title 13
Air Resources Board
§1962
(6) "GWP" means the 100-year global warming potential specified in
IPCC (Intergovernmental Panel on Climate Change) 2000: Emissions
Scenarios. N. Nakicenovic et. al. editors, Special Report of Working
Group III of the IPCC, Cambridge University Press, Cambridge UK,
ISBN 0-521-80493-0.
(7) "Normal Operation" of an air conditioning system means typical
everyday use of the A/C system to cool a vehicle. "Normal Operation"
does not include car accidents, dismantling of an air conditioning system,
or any other non-typical events.
(8) "Optional GHG Test Vehicle Configuration" means any GHG ve-
hicle configuration that is selected for testing by the manufacturer as al-
lowed by section G.2.3 of the "California Exhaust Emission Standards
and Test Procedures for 2001 and Subsequent Model Passenger Cars,
Light-Duty Trucks, and Medium-Duty Vehicles," other than the worst-
case configuration.
(9) "Renewable Energy Resource" means a facility that meets all of
the criteria set forth in Public Resources Code section 25741(a), except
that the facility is not required to be located in California or near the bor-
der of California.
(10) "Variable Displacement Compressor" means a compressor in
which the mass flow rate of refrigerant is adjusted independently of com-
pressor speed by the control system in response to cooling load demand.
(11) "Variable Speed Compressor" means a compressor in which the
mass flow rate of refrigerant can be adjusted by control of the compressor
input shaft speed, independent of vehicle engine speed. For example, a
variable speed compressor can have electric drive, hydraulic drive, or
mechanical drive through a variable speed transmission.
(12) "Worst-Case" means the vehicle configuration within each test
group that is expected to have the highest C02-equivalent value, as cal-
culated in section 1961.1(a)(l)(B)l.
(f) Severability. Each provision of this section is severable, and in the
event that any provision of this section is held to be invalid, the remainder
of this article remains in full force and effect.
(g) Effective Date of this Section. The requirements of this section
1961.1 shall become effective on January 1, 2006.
NOTE: Authority cited: Sections 39500, 39600, 39601, 43013, 43018, 43018.5,
43101, 43104 and 43105. Health and Safety Code. Reference: Sections 39002,
39003, 39667, 43000, 43009.5, 43013, 43018, 43018.5, 43100, 43101. 43101.5,
43102, 43104, 43105, 43106, 43204, 43205 and 4321 1, Health and Safety Code.
History
1. New section filed 9-15-2005; operative 1-1-2006 (Register 2005, No. 37).
§ 1962. Zero-Emission Vehicle Standards for 2005 and
Subsequent Model Passenger Cars, Light-Duty
Trucks, and Medium-Duty Vehicles.
(a) ZEV Emission Standard. The Executive Officer shall certify new
2005 and subsequent model passenger cars, light-duty trucks and me-
dium-duty vehicles as ZEVs if the vehicles produce zero exhaust emis-
sions of any criteria pollutant (or precursor pollutant) under any and all
possible operational modes and conditions. Incorporation of a fuel-fired
heater shall not preclude a vehicle from being certified as a ZEV pro-
vided: (1) the fuel-fired heater cannot be operated at ambient tempera-
tures above 40°F, (2) the heater is demonstrated to have zero fuel evapo-
rative emissions under any and all possible operational modes and
conditions, and (3) the emissions of any pollutant from the fuel-fired
heater when operated at an ambient temperature between 68°F and 86°F
do not exceed the emission standard for that pollutant for a ULEV under
section 1961(a)(1).
A vehicle that would meet the emissions standards for a ZEV except
that it uses a fuel-fired heater that can be operated at ambient tempera-
tures above 40°F, that cannot be demonstrated to have zero fuel evapora-
tive emissions under any and all possible operation modes and condi-
tions, or that has emissions of any pollutant exceeding the emission
standard for that pollutant for a ULEV under section 1961(a)(1), shall be
certified based on the emission level of the fuel-fired heater.
(b) Percentage ZEV Requirements.
(1) General Percentage ZEV Requirement.
(A) Basic Requirement. The minimum percentage ZEV requirement
for each manufacturer is listed in the table below as the percentage of the
PCs and LDTls, and LDT2s to the extent required by section (b)(1)(C),
produced by the manufacturer and delivered for sale in California that
must be ZEVs, subject to the conditions in this section 1 962(b).
[The next page is 236.3.]
Page 236.2(e)
Register 2008, No. 25; 6-20-2008
Title 13
Air Resources Board
§1962
•
•
Model Years
2005 throush 2008
2009 through 201 1
2012 through 2014
2015 through 2017
2018 and subsequent
Minimum ZEV Requirement
1 0 percent
1 1 percent
1 2 percent
14 percent
1 6 percent
(B) Calculating the Number of Vehicles to Which the Percentage ZEV
Requirement is Applied. A manufacturer's volume of PCs and LDTls
produced and delivered for sale in California will be averaged for the
1997, 1998, and 1999 model years to determine the California PC and
LDT1 production volume for the model year 2005 ZEV requirements.
For subsequent three-year periods following model year 2005, a
manufacturer's California production volume of PCs and LDTls, and
LDT2s as applicable, will be based on a three-year average of the
manufacturer's volume of PCs and LDTls, and LDT2s as applicable,
produced and delivered for sale in California in the prior fourth, fifth and
sixth years (e.g. 2006 to 2008 model-year ZEV requirements will be
based on California production volumes of PCs and LDTls, and LDT2s
as applicable, for 2000 to 2002 model years). This production averaging
is used to determine ZEV requirements only, and has no effect on a
manufacturer's size determination. As an alternative to the three year av-
eraging of prior year production described above, a manufacturer may
during model year 2005 or the first model year of a subsequent three year
period elect to base its ZEV obligation on the number of PCs and LDT1 s,
and LDT2s to the extent required by section (b)(1)(C), produced by the
manufacturer and delivered for sale in California that same year. If a
manufacturer elects to use this method after model year 2005 it must be
used for each year of the three-year period. In applying the ZEV require-
ment, a PC, LDT1, or LDT2 (beginning in the 2007 model year) that is
produced by a small volume manufacturer, but is marketed in California
by another manufacturer under the other manufacturer's nameplate, shall
be treated as having been produced by the marketing manufacturer.
(C) Phase-in of ZEV Requirements for LDT2s. Beginning with the
ZEV requirements for the 2007 model year, a manufacturer's LDT2 pro-
duction shall be included in determining the manufacturer's overall ZEV
requirement under section (b)(1)(A) in the increasing percentages shown
the table below.
2007
2008
2009
2010
2011
2012+
17%
34%
51%
68%
85%
100%
(D) Exclusion of ZEV s in Determining a Manufacturer's Sales Vol-
ume. In calculating for purposes of sections 1962(b)(1)(B) and
1962(b)(1)(C) the volume of PCs, LDTls and LDT2s a manufacturer has
produced and delivered for sale in California, the manufacturer shall ex-
clude the number of ZEVs produced by the manufacturer, or by a subsid-
iary in which the manufacturer has a greater than 50% ownership interest,
and delivered for sale in California.
(2) Requirements for Large Volume Manufacturers.
(A) Primary Requirements for Large Volume Manufacturers. In the
2005 through 2008 model years, a large-volume manufacturer must
meet at least 20% of its ZEV requirement with ZEVs or ZEV credits gen-
erated by such vehicles, and at least another 20% with ZEVs, advanced
technology PZEVs, or credits generated by such vehicles. The remainder
of the large-volume manufacturer's ZEV requirement may be met using
PZEVs or credits generated by such vehicles. As the ZEV requirement
increases over time from 10% in model year 2005 to 16% in model years
2018 and subsequent, the maximum portion of a large volume manufac-
turer's percentage ZEV requirement that may be satisfied by PZEVs that
are not advanced technology PZEVs, or credits generated by such ve-
hicles, is limited to 6% of the manufacturer's applicable California PC,
LDT1, and LDT2 production volume; advanced technology PZEVs or
credits generated by such vehicles may be used to meet up to one-half
of the manufacturer's remaining ZEV requirement.
(B) Alternative Requirements for Large Volume Manufacturers.
1. Minimum Floor for Production of Type 111 ZEVs.
a. Requirement For the 2005-2008 Model Years. A large volume
manufacturer electing to be subject to the alternative compliance require-
ments during model years 2005 through 2008 must produce, deliver for
sale, and place in service in California enough 2001-2008 model-year
Type III ZEVs to generate ZEV credits sufficient to meet a cumulative
percentage ZEV requirement of 1.09 percent of the manufacturer's aver-
age annual California sales of PCs and LDTls over the five year period
from model years 1997 through 2001, or submit an equivalent number
of credits generated by such vehicles. The manufacturer may meet up to
one half of this requirement with [i] 2004-2008 model-year Type I or
Type II ZEVs, provided that 20 Type 1 ZEVs or 10 Type II ZEVs will
equal one Type III ZEV, and [ii] 1 997-2003 model-year Type I or Type
II ZEVs that qualify for an extended service multiplier under section
1962(f) for a year primarily during calendar years 2004-2008, provided
that 33 years of such a multiplier will equal one Type III ZEV.
b. Requirement For the 2009-2011 Model Years. A large volume
manufacturer electing to be subject to the alternative compliance require-
ments during model years 2009 through 201 1 must produce, deliver for
sale, and place in service in California enough 2009-201 1 model-year
Type III ZEVs to generate ZEV credits sufficient to meet the 2009-201 1
alternative path percentage, as calculated pursuant to section
1962(b)(2)(B)!. e., of the manufacturer's section 1962(b)(1) percentage
ZEV requirement for the 2010 model year, based on the prior year meth-
od described in section 1962(b)(1)(B), or submit an equivalent number
of credits generated by such vehicles. The manufacturer may meet up to
one half of this requirement with [i] 2009-201 1 model-year Type I or
Type II ZEVs, provided that 20 Type 1 ZEVs or 10 Type II ZEVs will
equal one Type HI ZEV, and [ii] 1997-2003 model-year ZEVs that qual-
ify for an extended service multiplier under section 1 962(f) for a year pri-
marily during calendar years 2009-201 1, provided that 33 years of such
a multiplier will equal one Type III ZEV.
c. Requirement For the 2012-2014 Model Years. A large volume
manufacturer electing to be subject to the alternative compliance require-
ments during model years 2012 through 2014 must produce, deliver for
sale, and place in service in California enough 2012-2014 model-year
Type III ZEVs to generate ZEV credits sufficient to meet the 201 2-2014
alternative path percentage, as calculated pursuant to section
1962(b)(2)(B)l.e., of the manufacturer's section 1962(b)(1) percentage
ZEV requirement for the 2013 model year, based on the prior year meth-
od described in section 1962(b)(1)(B), or submit an equivalent number
of credits generated by such vehicles. The manufacturer may meet up to
one half of this requirement with 201 2-2014 model-year Type I or Type
II ZEVs, provided that 1 0 Type I ZEVs or 5 Type II ZEVs will equal one
Type III ZEV.
d. Requirement For the 2015-2017 Model Years. A large volume
manufacturer electing to be subject to the alternative compliance require-
ments during model years 2015 through 2017 must produce, deliver for
sale, and place in service in California enough 2015-2017 model-year
Type III ZEVs to generate ZEV credits sufficient to meet the 2015-2017
alternative path percentage, as calculated in section 1962(b)(2)(B) I.e.,
of the manufacturer's section 1962(b)(1) percentage ZEV requirement
for the 2016 model year, based on the prior year method described in sec-
tion 1962(b)(1)(B), or submit an equivalent number of credits generated
by such vehicles. The manufacturer may meet up to one half of this re-
quirement with 2015-2017 model-year Type I or Type II ZEVs, pro-
vided that 10 Type I ZEVs or 5 Type II ZEVs will equal one Type III
ZEV.
e. Calculation of a Manufacturer's Alternative Path Percentage. A
manufacturer's alternative path percentage for a given time period is cal-
culated as the target number of credits for each time period divided by the
applicable combined model year ZEV obligation of all large volume
manufacturers for that same time period, where:
Page 236.3
Register 2004, No. 9; 2-27-2004
§1962
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
Time Period
(MYs)
Target Number
of Alternative
Path Tvpe 111
ZEVS
Credits
per
Vehicle
Target
Number of
Credits
Combined
Model Year
ZEV Obligation
Alternative Path
Percentage
2009 - 201 1
2012-2014
2015-2017
2,500
25,000
50,000
And where:
A = The combined total section 1962(b)(1) percentage ZEV require-
ment, based on the prior year method described in section 1 962(b)( 1 )(B),
that would apply for all large manufacturers for the 2010 model year,
B = The combined total section 1962(b)(1) percentage ZEV require-
ment, based on the prior year method described in section 1 962(b)( 1 )(B),
that would apply for all large manufacturers for the 2013 model year, and
C = The combined total section 1962(b)(1) percentage ZEV require-
ment, based on the prior year method described in section 1962(b)(1)(B),
that would apply for all large manufacturers for the 201 6 model year.
f. Exclusion of Additional Credits for Transportation Systems. Any
additional credits for transportation systems generated in accordance
with section 1962(g)(5) shall not be counted towards compliance with
this section 1 962(b)(2)(B) l.a.-d.
g. Carry-over of Excess Credits. Where a manufacturer generates
more qualifying ZEV credits than are needed to meet the minimum floor
requirement for the production of Type III ZEVs in one of the periods
identified in section 1962(b)(2)(B)l.a.-c, the qualifying ZEV credits
may be used towards meeting the minimum floor requirement for the pro-
duction of Type III ZEVs in a subsequent period, provided that the value
of these carryover credits shall be based on the model year in which the
credits are used.
h. Failure to Meet Requirement for Production of Type III ZEVs. A
manufacturer that, after electing to be subject to the alternative require-
ments in section 1962(b)(2)(B) for any model year from 2005 through
2017, fails to meet the requirement in section 1962(b)(2)(B)l.a..-d. by
the end of the specified three or four year period in which the model year
falls, shall be treated as subject to the primary requirements in section
1962(b)(2)(A) for all model years in the specified three or four year peri-
od.
i. The number of Type III ZEVs needed for a manufacturer under sec-
tion 1962(b)(2)(B)!. a.-d shall be rounded to the nearest whole number.
2. Compliance With Percentage ZEV Requirements. In the 2005
through 2008 model years, a large volume manufacturer electing to be
subject to the alternative compliance requirements in a given model year
must meet at least 40 percent of its ZEV requirement for that model year
with ZEVs, advanced technology PZEVs, or credits generated from such
vehicles. The remainder of the large volume manufacturer's ZEV re-
quirement may be met using PZEVs or credits generated from such ve-
hicles. As the ZEV requirement increases over time from 1 1% in model
year 2009 to 16% in model years 2018 and subsequent, the maximum
portion of the large volume manufacturer's percentage ZEV requirement
that may be satisfied by PZEVs that are not advanced technology PZEVs,
or credits generated by such vehicles, is limited to 6% of the manufactur-
er's applicable California PC, LDT1, and LDT2 production volume;
ZEVs, AT PZEVs, or credits generated by such vehicles may be used to
meet the manufacturer's remaining ZEV requirement.
3. Sunset of Alternative Requirements After the 2017 Model Year. The
alternative requirements in section 1962(b)(2)(B) are not available after
the 2017 model year.
(C) Election of the Primary or Alternative Requirements for Large
Volume Manufacturers. A large volume manufacturer shall be subject to
the primary ZEV requirements for the 2005 model year unless it notifies
the Executive Officer in writing prior to the start of the 2005 model year
that it is electing to be subject to the alternative compliance requirements
for that model year. Thereafter, a manufacturer shall be subject to the
same compliance option as applied in the previous model year unless it
notifies the Executive Officer in writing prior to the start of a new model
year that it is electing to switch to the other compliance option for that
new model year. However, a large volume manufacturer that has pre-
10.000
75,000
150,000
(10,000/A)xl00
(75,000/B)xl00
(150,000/QxlOO
viously elected to be subject to the primary ZEV requirements for one or
more of the model years in the three or four year periods identified in sec-
tion 196 1 (b)( 1 (B) I .a.-d. may prior to the end of the three or four year pe-
riod elect to become subject to the alternative compliance requirements
for the full three or four year period upon a demonstration that it has com-
plied with all of the applicable requirements for that period in section
1962(b)(2)(B)l.a.-d.
(D) Use of Credits from Model Year 2003-2004 PZEVs. A large vol-
ume manufacturer may produce, and deliver for sale in California, model
year 2003 or 2004 PZEVs that generate credits exceeding the number of
credits equal to 6 percent of the average annual volume of 1 997, 1998 and
1 999 PCs and LDT Is produced and delivered for sale in California by the
manufacturer. In that event, the manufacturer may use those excess cred-
its as AT PZEV credits in the 2005 and 2006 model years.
(3) Requirements for Intermediate Volume Manufacturers. In the
2005 and subsequent model years, an intermediate volume manufacturer
may meet its ZEV requirement with up to 100 percent PZEVs or credits
generated by such vehicles.
(4) Requirements for Small Volume Manufacturers and Independent
Low Volume Manufacturers. A small volume manufacturer or an inde-
pendent low volume manufacturer is not required to meet the percentage
ZEV requirements. However, a small volume manufacturer or an inde-
pendent low volume manufacturer may earn and market credits for the
ZEVs or PZEVs it produces and delivers for sale in California.
(5) Counting ZEVs and PZEVs in Fleet Average NMOG Calculations.
For purposes of calculating a manufacturer's fleet average NMOG value
and NMOG credits under sections 1960.1(g)(2) and 1961(b) and (c), a
vehicle certified as a ZEV is counted as one ZEV, and a PZEV is counted
as one SULEV certified to the 150,000 mile standards regardless of any
ZEV or PZEV multipliers.
(6) Implementation Prior to 2005 Model Year. Prior to the 2005 model
year, a manufacturer that voluntarily produces vehicles meeting the ZEV
emission standards applicable to 2005 and subsequent model year ve-
hicles may certify the vehicles to those standards and requirements for
purposes of calculating fleet average NMOG exhaust emission values
and NMOG credits under sections 1960.1(g)(2) and 1961(b) and (c), and
for calculating ZEV credits as set forth in section 1962(g).
(7) Changes in Small Volume, Independent Low Volume, and Inter-
mediate Volume Manufacturer Status.
(A) Increases in California Production Volume. In the 2003 and sub-
sequent model years, if a small volume manufacturer's average Califor-
nia production volume exceeds 4,500 units of new PCs, LDTs, and
MDVs based on the average number of vehicles produced and delivered
for sale for the three previous consecutive model years, or if an indepen-
dent low volume manufacturer's average California production volume
exceeds 10,000 units of new PCs, LDTs, and MDVs based on the average
number of vehicles produced and delivered for sale for the three previous
consecutive model years, or if an intermediate volume manufacturer's
average California production volume exceeds 60,000 units of new PCs,
LDTs, and MDVs based on the average number of vehicles produced and
delivered for sale for the three previous consecutive model years, the
manufacturer shall no longer be treated as a small volume, independent
low volume, or intermediate volume manufacturer, as applicable, and
shall comply with the ZEV requirements for independent low volume, in-
termediate volume or large volume manufacturers, as applicable, begin-
ning with the sixth model year after the last of the three consecutive mod-
el years. The lead time shall be four rather than six years where a
manufacturer ceases to be a small or intermediate volume manufacturer
in the 2003 or subsequent years due to the aggregation requirements in
majority ownership situations, except that if the majority ownership in
Page 236.4
Register 2004, No. 9; 2-27-2004
Title 13
Air Resources Board
§1962
the manufacturer was acquired prior to the 2001 model year, the
manufacturer must comply with the stepped-up ZEV requirements start-
ing in the 2010 model year.
(B) Decreases in California Production Volume. If a manufacturer's
average California production volume falls below 4,500, 10,000 or
60,000 units of new PCs, LDTs, and MDVs, as applicable, based on the
average number of vehicles produced and delivered for sale for the three
previous consecutive model years, the manufacturer shall be treated as
a small volume, independent low volume, or intermediate volume
manufacturer, as applicable, and shall be subject to the requirements for
a small volume, independent low volume, or intermediate volume
manufacturer beginning with the next model year.
(C) Calculating California Production Volume in Change of Owner-
ship Situations. Where a manufacturer experiences a change in owner-
ship in a particular model year, the change will affect application of the
aggregation requirements on the manufacturer starting with the next
model year. The manufacturer's small or intermediate volume manufac-
turer status for the next model year shall be based on the average Califor-
nia production volume in the three previous consecutive model years of
those manufacturers whose production must be aggregated for that next
model year. For example, where a change of ownership during the 2004
model year results in a requirement that the production volume of
Manufacturer A be aggregated with the production volume of Manufac-
turer B, Manufacturer A's status for the 2005 model year will be based
on the production volumes of Manufacturers A and B in the 2002-2004
model years. Where the production volume of Manufacturer A must be
aggregated with the production volumes of Manufacturers B and C for
the 2004 model year, and during that model year a change in ownership
eliminates the requirement that Manufacturer B's production volume be
aggregated with Manufacturer A's, Manufacturer A's status for the 2005
model year will be based on the production volumes of Manufacturers A
and C in the 2002-2004 model years. In either case, the lead time provi-
sions in section 1962(b)(5)(A) and (B) will apply.
(c) Partial ZEV Allowance Vehicles (PZEVs).
(1) Introduction. This section 1962(c) sets forth the criteria for identi-
fying vehicles delivered for sale in California as PZEVs. A PZEV is a ve-
hicle that cannot be certified as a ZEV but qualifies for a PZEV allowance
of at least 0.2.
(2) Baseline PZEV Allowance. In order for a vehicle to be eligible to
receive a PZEV allowance, the manufacturer must demonstrate com-
pliance with all of the following requirements. A qualifying vehicle will
receive a baseline PZEV allowance of 0.2.
(A) SULEV Standards. Certify the vehicle to the 150,000-mile SU-
LEV exhaust emission standards for PCs and LDTs in section 1 961 (a)(1)
(for model years 2003 through 2006, existing SULEV intermediate in-
use compliance standards shall apply to all PZEVs). Bi-fuel, fuel-flex-
ible and dual-fuel vehicles must certify to the applicable 150,000-mile
SULEV exhaust emission standards when operating on both fuels;
(B) Evaporative Emissions. Certify the vehicle to the evaporative
emission standards in section 1976(b)(1)(E) ("zero" evaporative emis-
sions standards);
(C) OBD. Certify that the vehicle will meet the applicable on-board
diagnostic requirements in section 1968.1 for 150,000 miles; and
(D) Extended Warranty. Extend the performance and defects warranty
Characteristics Type A Type B
period set forth in sections 2037(b)(2) and 2038(b)(2) to 15 years or
150,000 miles, whichever occurs first, except that the time period is to
be 10 years for a zero emission energy storage device used for traction
power (such as battery, ultracapacitor, or other electric storage device).
(3) Zero-Emission VMT PZEV Allowance.
(A) Calculation of Zero Emission VMT Allowance. A vehicle that
meets the requirements of section 1962(c)(2) and has zero-emission ve-
hicle miles traveled ("VMT") capability will generate an additional zero
emission VMT PZEV allowance, calculated as follows:
Urban All-Electric Ranse Zero-emission VMT Allowance
< 10 miles
10 miles to 90 miles
90 miles
0.0
(33.8 + [0.5 x Urban AER])/35
2.25
The urban all-electric range shall be determined in accordance with
section E.3.(2)(a) of the "California Exhaust Emission Standards and
Test Procedures for 2005 and Subsequent Model Zero-Emission Ve-
hicles, and 2001 and Subsequent Model Hybrid Electric Vehicles, in the
Passenger Car, Light-Duty Truck and Medium-Duty Vehicle Classes,"
incorporated by reference in section 1 962(h).
(B) Alternative Procedures. As an alternative to determining the zero-
emission VMT allowance in accordance with the preceding section
1962(c)(3)(A), a manufacturer may submit for Executive Officer ap-
proval an alternative procedure for determining the zero-emission VMT
potential of the vehicle as a percent of total VMT, along with an engineer-
ing evaluation that adequately substantiates the zero-emission VMT de-
termination. For example, an alternative procedure may provide that a
vehicle with zero-emissions of one regulated pollutant (e.g. NOx) and
not another (e.g. NMOG) will qualify for a zero-emission VMT allow-
ance of 1.5.
(C) Additional Allowances for Qualifying HEVs. The Executive Offi-
cer shall approve an additional 0.1 zero-emission VMT partial ZEV al-
lowance for an HEV with an all-electric range if the manufacturer dem-
onstrates to the reasonable satisfaction of the Executive Officer that the
HEV is equipped with software and/or other strategies that would pro-
mote maximum use of off-vehicle charging, and that the strategies
employed are reasonably reliable and tamper-proof.
(4) PZEV Allowance for Advanced ZEV Componentry. A vehicle that
meets the requirements of section 1962(c)(2) may qualify for an ad-
vanced componentry PZEV allowance as provided in this section
1962(c)(4).
(A) Use of High Pressure Gaseous Fuel or Hydrogen Storage System.
A vehicle equipped with a high pressure gaseous fuel storage system ca-
pable of refueling at 3600 pounds per square inch or more and operating
exclusively on this gaseous fuel shall qualify for an advanced componen-
try PZEV allowance of 0.2. A vehicle capable of operating exclusively
on hydrogen stored in a high pressure system capable of refueling at 3600
pounds per square inch or more, or stored in nongaseous form, shall
instead qualify for an advanced componentry PZEV allowance of 0.3.
(B) Use of Qualifying HEV Electric Drive System.
1. Classification of HEVs. HEVs qualifying for additional allowances
or allowances that may be used in the AT PZEV category are classified
in one of five types of HEVs based on the criteria in the following table.
Type C
Type D
Type E
Electric Drive
System Peak
Power Output
>=4kW
Traction Drive
System Voltage
<60 Volts
Traction Drive
Boost
Yes
Regenerative
Braking
Yes
Idle Start/Stop
Yes
>=4kW
<l0kw
>=10kW
>=60 Volts
<60 Volts
Yes
Yes
Yes
Yes
Yes
Yes
Page 236.4(a)
>=10kW
>= 50 kW
>=60 Volts
>=60 volts
Yes
Yes
Yes
Yes
Yes
Yes
Register 2004, No. 9; 2-27-2004
§1962
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
2. Type A HEVs. A 2008 or earlier model-year PZEV that the
manufacturer demonstrates to the reasonable satisfaction of the Execu-
tive Officer meets all of the criteria for a Type A HEV does not receive
an additional allowance for meeting those criteria but generates credits
that may be used in the AT PZEV category through the 2008 model year.
3. Type B HEVs. A 2008 or earlier model-year PZEV that the
manufacturer demonstrates to the reasonable satisfaction of the Execu-
tive Officer meets all of the criteria for a Type B HEV qualifies for an
additional advanced componentry allowance of 0.2.
4. Type C HEVs. A 20 J 1 or earlier model-year PZEV that the
manufacturer demonstrates to the reasonable satisfaction of the Execu-
tive Officer meets all of the criteria for a Type C HEV, and that is
equipped with an advanced traction energy storage system - such as
nickel metal-hydride batteries, ultracapacitors, or other similar systems
- with a design lifetime of at least 1 0 years, qualifies for an additional ad-
vanced componentry allowance of 0.2.
5. Type D HEVs. A PZEV that the manufacturer demonstrates to the
reasonable satisfaction of the Executive Officer meets all of the criteria
for a Type D HEV qualifies for an additional advanced componentry al-
lowance of 0.4 in the 2003 through 2011 model years, 0.35 in the 2012
through 2014 model years, and 0.25 in the 2015 and subsequent model
years.
6. Type E HEVs. A PZEV that the manufacturer demonstrates to the
reasonable satisfaction of the Executive Officer meets all of the criteria
for a Type E HEV qualifies for an additional advanced componentry al-
lowance of 0.5 in the 2003 through 2011 model years, 0.45 in the 2012
through 2014 model years, and 0.35 in the 2015 and subsequent model
years.
7. Severability. In the event that all or part of section
1962(c)(4)(B) J. -6. is found invalid, the remainder of section 1962, in-
cluding the remainder of section 1962(c)(4)(B)! .-6. if any, remains in
full force and effect.
(5) PZEV Allowance for Low Fuel-Cycle Emissions. A vehicle that
uses fuel(s) with very low fuel-cycle emissions shall receive a PZEV al-
lowance not to exceed 0.3 (0.15 in the case of an HEV that uses for pro-
pulsion any fuel that does not have very low fuel-cycle emissions). In or-
der to receive the fuel-cycle PZEV allowance, a manufacturer must
demonstrate to the Executive Officer, using peer-reviewed studies or
other relevant information, that NMOG emissions associated with the
fuel(s) used by the vehicle (on a grams/mile basis) are lower than or equal
to 0.01 grams/mile. Fuel-cycle emissions must be calculated based on
near-term production methods and infrastructure assumptions, and the
uncertainty in the results must be quantified. The fuel-cycle PZEV al-
lowance is calculated according to the following formula:
PZEV Fuel Cycle Allowance = 0.3 x [(percent of VMT using fuel(s)
meeting the requirements of the preceding paragraph) / 100]
A manufacturer's demonstration to the Executive Officer that a ve-
hicle qualifies for a fuel-cycle PZEV allowance shall include test results
and/or empirical data supporting the estimate of the relative proportion
of VMT while operating on fuel(s) with very low fuel-cycle emissions.
(6) Calculation PZEV Allowance.
(A) Calculation of Combined PZEV Allowance for a Vehicle. The
combined PZEV allowance for a qualifying vehicle in a particular model
year is the sum of the PZEV allowances listed in this section 1962(c)(6),
multiplied by any PZEV introduction phase-in multiplier listed in sec-
tion 1962(c)(7), subject to the caps in section 1962(c)(6)(B).
1. Baseline PZEV Allowance. The baseline PZEV allowance of 0.2 for
vehicles meeting the criteria in section 1962(c)(2);
2. Zero Emission VMT PZEV Allowance. The zero-emission VMT
PZEV allowance, if any, determined in accordance with section
1962(c)(3);
3. Advanced ZEV Componentry PZEV Allowance. The advanced ZEV
componentry PZEV allowance, if any, determined in accordance with
section 1962(c)(4); and
4. Fuel-cycle Emissions PZEV Allowance. The fuel-cycle emissions
PZEV allowance, if any, determined in accordance with section
1962(c)(5).
(B) Caps on the Value of an AT PZEV Allowance.
1. Cap for 2012 and Subsequent Model-Year Vehicles. The maximum
value of AT PZEV allowances a 2012 and subsequent model-year ve-
hicle may earn, including the baseline PZEV allowance, is 3.0.
2. Cap Based on the Credit Value of a Type III ZEV. In no case may
the combined AT PZEV allowance for a qualifying vehicle in a particular
model year, including the baseline PZEV allowance, exceed the ZEV
credits for a Type III ZEV placed in service in the same model year.
(1) PZEV Multipliers.
(A) PZEV Introduction Phase-In Multiplier. Each 2000 through 2005
model-year PZEV that is produced and delivered for sale in California,
other than a PZEV qualifying for a phase-in multiplier under section
1962(c)(7)(B), qualifies for a PZEV introduction phase-in multiplier as
follows:
MY 2000-2003 MY 2004 MY 2005
Multiplier 4.0 2.0 1.33
(B) Introduction Phase-In Multiplier for PZEVs That Earn a Zero
Emission VMT Allowance. Each 2000 through 201 1 model year PZEV
that earns a zero emission VMT allowance under section 1962(c)(3) and
is produced and delivered for sale in California qualifies for a phase-in
multiplier as follows:
MY 2000-2008 MY 2009-2011
Multiplier 6.0 3.0
(d) Qualification for ZEV Multipliers and Credits.
(1 ) 1996-1998 Model-Year ZEV Multipliers.
(A) 1996-1998 Model-Year ZEV Multiplier Based on Vehicle Range.
1996-1998 model-year ZEVs shall qualify for a ZEV multiplier based
on vehicle range as follows:
Vehicle Range (miles)
Model Years Model Year
1996 and 1997 1998
any >100
>70 > 130
Range shall be determined in accordance with section 9.f.(2)(a) of the
"California Exhaust Emission Standards and Test Procedures for 1988
Through 2000 Model Passenger Cars, Light-Duty Trucks, and Medium-
Duty Vehicles," incorporated by reference in section 1 960.1 (k).
(B) 1996-1998 Model-Year ZEV Multiplier Based on Specific Energy
of Battery. 1996-1998 model-year ZEVs shall qualify for a ZEV multi-
plier based on specific energy of the battery as follows:
ZEV
Multiplier Specific Energy of Battery (w-hr/kg)
ZEV
Multiplier
2
3
any
>40
(C) Election of Multiplier. A 1996-1998 model-year ZEV may quali-
fy for a ZEV multiplier according to section 1962(d)(1)(A) or section
1962(d)(1)(B), but not both.
(2) 1999-2000 Model-Year ZEV Multiplier Calculation for Extended
Electric Range Vehicles. Each ZEV that is produced and delivered for
sale in California in the 1 999 - 2000 model years and that has an extended
electric range shall qualify for a ZEV multiplier as follows:
All-electric range MY 1999-2000
100-175 6-10
ZEV multipliers under the above schedule will be determined by linear
interpolation between the values shown in the above schedule. Range
shall be determined in accordance with section E.3.(2)(a) of the "Califor-
nia Exhaust Emission Standards and Test Procedures for 2003 and Sub-
sequent Model Zero-Emission Vehicles, and 2001 and Subsequent Mod-
el Hybrid Electric Vehicles, in the Passenger Car, Light-Duty Truck and
Medium-Duty Vehicle Classes," incorporated by reference in section
Page 236.4(b)
Register 2004, No. 9; 2-27-2004
Title 13
Air Resources Board
§1962
1962(h). ZEVs that have a refueling time of less than 10 minutes and a
range of 100 miles or more shall be counted as having unlimited all-elec-
tric range, and shall consequently earn the maximum allowable ZEV
multiplier for a specific model year. ZEVs that have a range of 80 to 99
miles shall qualify for ZEV multipliers in the 1999-2000 model years in
accordance with the following equation:
ZEV multiplier = (6) x (AER equivalent to a 10 minute recharge/100) x
0.5.
As an option to the above mechanism, the manufacturer of a 1999
model-year ZEV may elect to have its multiplier based on the regulatory
requirements pertaining to multipliers based on range or specific energy
in section 1960.1(g)(2) and (h)(2). title 13, California Code of Regula-
tions that were applicable to 1999 model-year ZEVs immediately before
this section 1962 became operative on November 27, 1999 as a result of
the ''LEV II" rulemaking.
(3) ZEV Multipliers for 2001-2002 Model Years.
(A) ZEV Phase-In Multiplier. Each 2001 and 2002 model-year ZEV
that is placed in service in California by September 30, 2003 qualifies for
a ZEV phase-in multiplier of 4.0. A 2001 or 2002 model-year ZEV that
is placed in service in California after September 30, 2003 earns credits
in accordance with section 1962(d)(5) instead of section 1962(d)(3).
(B) ZEV Extended Electric Range Multiplier.
1. Basic Multiplier Schedule. Each 2001 and 2002 model-year ZEV
that is placed in service in California and that has an extended urban elec-
tric range qualifies for a ZEV extended electric range multiplier as fol-
lows:
Urban All-Electric Range Multiplier
< 50 miles 1
> 50 miles to < 275 miles (Urban AER-25)/25
>275 miles 10
A NEV is not eligible to earn a ZEV extended electric range multiplier.
In determining ZEV range multipliers, specialty ZEVs may, upon Execu-
tive Officer approval, be tested at the parameters used to determine the
ZEV multipliers for the existing ZEV.
2. Fast refueling.
a. Full Fueling in JO Minutes or Less. A 2001-2002 model-year ZEV
with the demonstrated capability to accept fuel or electric charge until
achieving at least 95% SOC or rated fuel capacity in 10 minutes or less
when starting from all operationally allowable SOC or fuel states is
counted as having unlimited zero emission range and qualifies for the
maximum allowable ZEV extended electric range multiplier.
b. At Least 60-Mile Range in Less Than 10 Minutes. A 2001-2002
model year ZEV with the demonstrated capacity to accept fuel or electric
charge equivalent to at least 60 miles of UDDS range when starting from
20% SOC in less than 10 minutes is counted as having 60 additional miles
(up to a 275 mile maximum) of UDDS range in the range multiplier deter-
mination in section 1962(d)(3)(C)!.
(C) Combined ZEV Multiplier. During the 2001-2002 model years,
the combined ZEV multiplier for each ZEV in a specific model year is
the product of:
1. The ZEV phase-in multiplier if any as set forth in section
1962(d)(3)(A), times
2. The extended electric range multiplier if any as set forth in section
1962(d)(3)(B).
(4) Effect of ZEV Multipliers in the 1996-2002 Model Years. In calcu-
lating the number of ZEVs produced and delivered for sale in California
by a manufacturer in the 1996-2002 model years and the ZEV credits
from such vehicles, the number of ZEVs qualifying for a particular ZEV
multiplier shall be multiplied by the combined ZEV multiplier.
(5) ZEV Credits for 2003 and Subsequent Model Years.
(A) ZEV Tiers for Credit Calculations. Starting in the 2003 model
year, ZEV credits from a particular ZEV are based on the assignment of
a given ZEV into one of the following five ZEV tiers:
Common
UDDS ZEV
ZEV Tier
Description
Range
Fast Refueling Capability
NEV
NEV
No minimum
N/A
Type 0
Utility EV
<50 miles
N/A
Type I
City EV
>=50, <100 miles
N/A
Type II
Full Function
EV
>=100 miles
N/A
Type III
Fuel Cell EV
>=100 miles
Must be capable of
replacing 95%
maximum rated energy
capacity in
<= 10 minutes
A specialty ZEV that has the same zero emission energy storage de-
vice and chassis as an existing ZEV from which it was modified may,
upon Executive Officer approval, be categorized on the basis of that ex-
isting ZEV. A specialty vehicle that optimized for a particular duty cycle
that conflicts with optimization for maximum vehicle range may be pro-
moted to the next higher ZEV tier upon a determination by the Executive
Officer that the specialty vehicle has ZEV componentry equivalent to the
utilized by ZEVs in the next tier and would meet the requirements for the
next tier if optimized for maximum range.
(B) ZEV Credits for 2003 and Subsequent Model-Year ZEVs. A 2003
and subsequent model-year ZEV, other than a NEV, earns 1 ZEV credit
when it is produced and delivered for sale in California. A 2003 and sub-
sequent model-year ZEV earns additional credits based on the earliest
model year in which the ZEV is placed in service (not earlier than the
ZEVs model year). The following table identifies the credits that a ZEV
in each of the five ZEV tiers will earn, including the credit not contingent
on placement in service, if it is placed in service in the specified model
year or by June 30 after the end of the specified model year.
Model Year in Which ZEV is Placed in Service
Tier
2003
2004
NEV
1.25
0.625
Type 0
1.5
1.5
(Utility)
Type 1
8
8
(City)
Type II
12
12
Type III
40
40
2005
0.625
1.5
12
40
2006
0.15
1.5
7
10
40
2007
0.15
1.5
10
40
2008
0.15
1.5
10
40
2009
0.15
1
2
3
4
2010
0.15
1
2011
0.15
I
2072+
0.15
I
(C) Multiplier for Certain Type I and Type II ZEVs. A 2004 through
201 1 model-year Type I and Type II ZEV shall qualify for a multiplier
of 1 .25 if it is either sold to a motorist or is leased for three or more years
to a motorist who is given the option to purchase or re-lease the vehicle
for two years or more at the end of the first lease term.
(D) Counting a Type III ZEV Placed in a Section 177 State. Through
the 201 1 model year, a Type III ZEV that is certified to the California
ZEV standards and is placed in service in a state that is administering the
California ZEV requirements pursuant to section 177 of the federal Clean
Air Act (42 U.S.C. § 7507) applicable for the ZEVs model year may be
counted towards compliance with the California percentage ZEV re-
quirements in section 1962(b), including the requirements in section
1962(b)(2)(B), as if it were delivered for sale and placed in service in
California. Similarly, a 201 1 and earlier model-year Type III ZEV that
is certified to the California ZEV standards and is placed in service in
California may be counted towards the percentage ZEV requirements of
any state that is administering the California ZEV requirements pursuant
to section 1 77 of the federal Clean Air Act, including requirements based
on section 1962(b)(2)(B).
(e) [Reserved]
(f) Extended Service Multiplier for 1997-2003 Model-Year ZEVs and
PZEVs With > 10 Mile Zero Emission Range. Except in the case of a
NEV, an additional ZEV or PZEV multiplier will be earned by the
manufacturer of a 1997 through 2003 model-year ZEV, or PZEV with
Page 236.4(c)
Register 2004, No. 9; 2-27-2004
§1962
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
> 1 0 mile zero emission range, for each full year it is registered for opera-
tion on public roads in California beyond its first three years of service,
through the 20 11 calendar year. For additional years of service starting
earlier than April 24, 2003, the manufacturer will receive 0.1 times the
ZEV credit that would be earned by the vehicle if it were leased or sold
new in that year, including multipliers, on a year-by-year basis begin-
ning in the fourth year after the vehicle is initially placed in service. For
additional years of service starting April 24, 2003 or later, the manufac-
turer will receive 0.2 times the ZEV credit that would be earned by the
vehicle if it were leased or sold new in that year, including multipliers,
on a year-by-year basis beginning in the fourth year after the vehicle is
initially placed in service. The extended service multiplier is reported and
earned in the year following each continuous year of service.
(g) Generation and Use of ZEV Credits; Calculation of Penalties
(1) Introduction. A manufacturer that produces and delivers for sale
in California ZEVs or PZEVs in a given model year exceeding the
manufacturer's ZEV requirement set forth in section 1962(b) shall earn
ZEV credits in accordance with this section 1962(g).
(2) ZEV Credit Calculations.
(A) Credits from ZEVs. The amount of g/mi ZEV credits earned by a
manufacturer in a given model year from ZEVs shall be expressed in
units of g/mi NMOG, and shall be equal to the number of credits from
ZEVs produced and delivered for sale in California that the manufacturer
applies towards meeting the ZEV requirements for the model year sub-
tracted from the number of ZEVs produced and delivered for sale in
California by the manufacturer in the model year and then multiplied by
the NMOG fleet average requirement for PCs and LDTls for that model
year.
(B) Credits from PZEVs. The amount of g/mi ZEV credits from
PZEVs earned by a manufacturer in a given model year shall be ex-
pressed in units of g/mi NMOG, and shall be equal to the total number
of PZEV allowances from PZEVs produced and delivered for sale in
California that the manufacturer applies towards meeting its ZEV re-
quirement for the model year subtracted from the total number of PZEV
allowances from PZEVs produced and delivered for sale in California by
the manufacturer in the model year and then multiplied by the NMOG
fleet average requirement for PCs and LDTls for that model year.
(C) Separate Credit Accounts. The number of credits from a manufac-
turer's [i] ZEVs [ii] advanced technology PZEVs, and [iii] all other
PZEVs shall each be maintained separately.
(3) ZEV Credits for MDVs and LDTs Other Than LDTls. ZEVs and
PZEVs classified as MDVs or as LDTs other than LDT1 s may be counted
toward the ZEV requirement for PCs and LDT1 s, and included in the cal-
culation of ZEV credits as specified in this section 1962(g) if the
manufacturer so designates.
(4) ZEV Credits for Advanced Technology Demonstration Programs.
A vehicle, other than a NEV, that is placed in a California advanced
technology demonstration program may earn ZEV credits even if it is not
"delivered for sale." To earn such credits, the manufacturer must demon-
strate to the reasonable satisfaction of the Executive Officer that the ve-
hicles will be regularly used in applications appropriate to evaluate issues
related to safety, infrastructure, fuel specifications or public education,
and that for more than 50 percent of the first year of placement the vehicle
will be situated in California. Such a vehicle is eligible to receive the
same allowances and credits that it would have earned if placed in ser-
vice. To determine vehicle credit, the model-year designation for a dem-
onstration vehicle shall be consistent with the model-year designation
for conventional vehicles placed in the same timeframe.
(5) ZEV Credits for Transportation Systems.
(A) General. In model years 2001 through 2011, a ZEV, advanced
technology PZEV or PZEV placed as part of a transportation system may
earn additional ZEV credits, which may used in the same manner as other
credits earned by vehicles of that category, except as provided in section
(g)(5)(C) below. A NEV is not eligible to earn credit for transportation
systems. To earn such credits, the manufacturer must demonstrate to the
reasonable satisfaction of the Executive Officer that the vehicle will be
used as a part of a project that uses an innovative transportation system
as described in section (g)(5)(B) below.
(B) Credits Earned. In order to earn additional credit under this section
(g)(5), a project must at a minimum demonstrate [i] shared use of ZEVs,
AT PZEVs or PZEVs, and [ii] the application of "intelligent" new
technologies such as reservation management, card systems, depot man-
agement, location management, charge billing and real-time wireless in-
formation systems. If, in addition to factors [i] and [ii] above, a project
also features linkage to transit, the project may receive further additional
credit. For ZEVs only, not including NEVs, a project that features link-
age to transit, such as dedicated parking and charging facilities at transit
stations, but does not demonstrate shared use or the application of intelli-
gent new technologies, may also receive additional credit for linkage to
transit. The maximum credit awarded per vehicle shall be determined by
the Executive Officer, based upon an application submitted by the
manufacturer and, if appropriate, the project manager. The maximum
credit awarded shall not exceed the following:
Type of Vehicle Shared Use. Intelligence Linkage to Transit
PZEV 2 1
Advanced Technology PZEV 4 2
ZEV 6 3
(C) Cap on Use of Credits.
1. ZEVs. Credits earned or allocated by ZEVs pursuant to this section
(g)(5), not including all credits earned by the vehicle itself, may be used
to satisfy up to one-tenth of a manufacturer's ZEV obligation in any giv-
en model year.
2. AT PZEVs. Credits earned or allocated by AT PZEVs pursuant to
this section (g)(5), not including all credits earned by the vehicle itself,
may be used to satisfy up to one-twentieth of a manufacturer's ZEV ob-
ligation in any given model year, but may only be used in the same man-
ner as other credits earned by vehicles of that category.
3. PZEVs. Credits earned or allocated by PZEVs pursuant to this sec-
tion (g)(5), not including all credits earned by the vehicle itself, may be
used to satisfy up to one-fiftieth of the manufacturer's ZEV obligation
in any given model year, but may only be used in the same manner as oth-
er credits earned by vehicles of that category.
(D) Allocation of Credits. Credits shall be assigned by the Executive
Officer to the project manager or, in the absence of a separate project
manager, to the vehicle manufacturers upon demonstration that a vehicle
has been placed in a project. Credits shall be allocated to vehicle
manufacturers by the Executive Officer in accordance with a recommen-
dation submitted in writing by the project manager and signed by all
manufacturers participating in the project, and need not be allocated in
direct proportion to the number of vehicles placed.
(6) Submittal of ZEV Credits. A manufacturer may meet the ZEV re-
quirements in any given model year by submitting to the Executive Offi-
cer a commensurate amount of g/mi ZEV credits, consistent with section
1962(b). These credits may be earned previously by the manufacturer or
acquired from another party, except that beginning with the 2006 model
year credits earned from NEVs offered for sale or placed in service in
model years 2001 through 2005 cannot be used to satisfy more than the
following portion of a manufacturer's percentage ZEV obligation that
may only be satisfied with credits from ZEVs and, starting with the 2009
model year, the manufacturer's percentage ZEV obligation that may be
satisfied by credits from AT PZEVs but not PZEVs:
ZEV Category AT PZEV Category
2006 2007 and beyond 2009 2010 and beyond
75% 50% 75% 50%
This limitation applies to credits earned in model years 2001 through
2005 by the same manufacturer or earned in model years 2001 through
2005 by another manufacturer and acquired. The amount of g/mi ZEV
credits required to be submitted shall be calculated according to the crite-
ria set forth in this section 1962(g).
(7) Requirement to Make Up a ZEV Deficit.
(A) General. A manufacturer that produces and delivers for sale in
California fewer ZEVs than required in a given model year shall make
Page 236.4(d)
Register 2004, No. 9; 2-27-2004
Title 13
Air Resources Board
§ 1962.1
up the deficit by the end of the next model year by submitting to the
Executive Officer a commensurate amount of ZEV g/mi credits, except
that credits generated from PZEVs may be used to offset deficits for two
model years. The amount of g/mi ZEV credits required to be submitted
shall be calculated by [i] adding the number of ZEVs produced and deliv-
ered for sale in California by the manufacturer for the model year to the
number of ZEV allowances from partial ZEV allowance vehicles pro-
duced and delivered for sale in California by the manufacturer for the
model year (for a large volume manufacturer, not to exceed that per-
mitted under section 1962(b)(2)), [ii] subtracting that total from the num-
ber of ZEVs required to be produced and delivered for sale in California
by the manufacturer for the model year, and [iii] multiplying the resulting
value by the fleet average requirements for PCs and LDT1 s for the model
year in which the deficit is incurred.
(8) Penalty for Failure to Meet ZEV Requirements. Any manufacturer
that fails to produce and deliver for sale in California the required number
of ZEVs or submit an appropriate amount of g/mi ZEV credits and does
not make up ZEV deficits within the specified time period shall be sub-
ject to the Health and Safety Code section 4321 1 civil penalty applicable
to a manufacturer that sells a new motor vehicle that does not meet the
applicable emission standards adopted by the state board. The cause of
action shall be deemed to accrue when the ZEV deficits are not balanced
by the end of the specified time period. For the purposes of Health and
Safety Code section 4321 1, the number of vehicles not meeting the state
board's standards shall be calculated according to the following equa-
tion, provided that the percentage of a large volume manufacturer's ZEV
requirement for a given model year that may be satisfied with partial ZEV
allowance vehicles or ZEV credits from such vehicles may not exceed the
percentages permitted under section 1962(b)(2)(A):
(No. of ZEVs required to be produced and delivered for sale in Califor-
nia for the model year) - (No. of ZEVs produced and delivered for sale
in California for the model year) - (No. of ZEV allowances from par-
tial ZEV allowance vehicles produced and delivered for sale in
California for the model year) - [(Amount of ZEV credits submitted
for the model year) / (the fleet average requirement for PCs and LDT1 s
for the model-year)].
(h) Test Procedures. The certification requirements and test proce-
dures for determining compliance with this section 1962 are set forth in
"California Exhaust Emission Standards and Test Procedures for 2005
and Subsequent Model Zero-Emission Vehicles, and 2001 and Subse-
quent Model Hybrid Electric Vehicles, in the Passenger Car, Light-Duty
Truck and Medium-Duty Vehicle Classes," adopted by the state board
on August 5, 1 999, and last amended December 1 9, 2003, which is incor-
porated herein by reference.
(i) ZEV-Specific Definitions. The following definitions apply to this
section 1962.
(1) "Advanced technology PZEV" or "AT PZEV" means any PZEV
with an allowance greater than 0.2 before application of the PZEV early
introduction phase-in multiplier.
(2) "Battery electric vehicle" means any vehicle that operates solely
by use of a battery or battery pack, or that is powered primarily through
the use of an electric battery or battery pack but uses a flywheel or capaci-
tor that stores energy produced by the electric motor or through regenera-
tive braking to assist in vehicle operation.
(2.5) "Electric drive system" means an electric motor and associated
power electronics which provide acceleration torque to the drive wheels
sometime during normal vehicle operation. This does not include com-
ponents that could act as a motor, but are configured to act only as a gen-
erator or engine starter in a particular vehicle application.
(3) "Neighborhood electric vehicle" means a motor vehicle that meets
the definition of Low-Speed Vehicle either in section 385.5 of the Ve-
hicle Code or in 49 CFR 571.500 (as it existed on July 1, 2000), and is
certified to zero-emission vehicle standards.
(4) "Placed in service" means having been sold or leased to an end-
user and not to a dealer or other distribution chain entity, and having been
individually registered for on-road use by the California Department of
Motor Vehicles.
(4.5) "Regenerative braking" means the partial recovery of the energy
normally dissipated into friction braking that is returned as electrical cur-
rent to an energy storage device.
(5) "Specialty ZEV" means a ZEV that is designed for a commercial
or governmental fleet application, and either [i] has the same zero emis-
sions energy storage device and chassis as an existing ZEV from which
it is modified, or [ii] in the case of a vehicle that is not based on an existing
ZEV platform, is optimized for a particular duty cycle, such as urban de-
livery service, that conflicts with optimization for maximum vehicle
range.
(6) "Type 0, 1, II, and III ZEV" all have the meanings set forth in sec-
tion 1962(d)(5)(A).
(j) Abbreviations. The following abbreviations are used in this section
1962:
"AER" means all-electric range.
"BEV" means battery electric vehicle.
"HEV" means hybrid-electric vehicle.
"LDT" means light-duty truck.
"LDT1" means alight-truck with a loaded vehicle weight of 0-3750
pounds.
"LDT2" means a "LEV II" light-duty truck with a loaded vehicle
weight of 3751 pounds to a gross vehicle weight of 8500 pounds, or a
"LEV I" light-duty truck with a loaded vehicle weight of 3751-5750
pounds.
"MDV" means medium-duty vehicle.
"Non-Methane Organic Gases" or "NMOG" means the total mass of
oxygenated and non-oxygenated hydrocarbon emissions.
"MY" means model year.
"NEV" means neighborhood electric vehicle.
"NOx" means oxides of nitrogen.
"PC" means passenger car.
"PZEV" means any vehicle that is delivered for sale in California and
that qualifies for a partial ZEV allowance of at least 0.2.
"SOC" means state of charge.
"SULEV" means super ultra-low-emission-vehicle.
"UDDS" means urban dynamometer driving cycle.
"ULEV" means ultra-low emission vehicle.
"VMT" means vehicle miles traveled.
"ZEV" means zero-emission vehicle.
(k) Severability. Each provision of this section is severable, and in the
event that any provision of this section is held to be invalid, the remainder
of this article remains in full force and effect.
NOTE: Authority cited: Sections 39600. 39601, 43013, 43018, 43101, 43104 and
43105, Health and Safety Code. Reference: Sections 39002. 39003, 39667, 43000,
43009.5, 43013, 43018, 43100, 43101, 43101.5, 43102, 43104, 43105, 43106,
43204 and 43205.5, Health and Safety Code.
History
1. New section filed 10-28-99; operative 11-27-99 (Register 99, No. 44).
2. Amendment of section and Note filed 5-24-2002; operative 6-23-2002 (Reg-
ister 2002, No. 21).
3. New subsections (b)(5)(A)-(C) filed 6-24-2002; operative 7-24-2002 (Regis-
ter 2002, No. 26).
4. Amendment of subsection (c)(2)(A) filed 9-16-2002; operative 10-16-2002
(Register 2002, No. 38).
5. Amendment filed 2-25-2004; operative 3-26-2004 (Register 2004, No. 9).
§ 1962.1 . Electric Vehicle Charging Requirements.
(a) Applicability. This section applies to (1) all battery electric vehicles
that qualify for 1.0 or greater ZEV credit under section 1962, and (2) all
hybrid electric vehicles that are capable of being recharged by a battery
charger that transfers energy from the electricity grid to the vehicle for
purposes of recharging the vehicle traction battery, other than battery
electric vehicles and hybrid electric vehicles that are only capable of Lev-
el 1 charging.
(b) Definitions.
(1) The definitions in section 1962 apply to this section.
(2) "Level 1 charging" means a charging method that allows an elec-
tric vehicle or hybrid electric vehicle to be charged by having its charger
connected to the most common grounded receptacle (NEMA 5-15R). A
Page 236.4(e)
Register 2008, No. 25; 6-20-2008
§1964
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
vehicle that is only capable of Level 1 charging is one that is charged by
an on-board or off-board charger capable of accepting energy from the
existing AC supply network. The maximum power is 12 amps, with a
branch circuit rating of 15 amps, and continuous power of 1 .44 kilowatts.
(c) Requirements. Beginning with the 2006 model year, all vehicles
identified in subsection (a) must be equipped with a conductive charger
inlet port which meets all the specifications contained in Society of Auto-
motive Engineers (SAE) Surface Vehicle Recommended Practice SAE
J 1772 REV NOV 2001 , SAE Electric Vehicle Conductive Charger Cou-
pler, which is incorporated herein by reference. All such vehicles must
be equipped with an on-board charger with a minimum output of 3.3 ki-
lovolt amps.
NOTE: Authority cited: Sections 39600, 39601 , 4301 3, 4301 8. 43 1 01 , 43 1 04 and
431 05, Health and Safety Code. Reference: Sections 39002, 39003. 39667, 43000,
43009.5. 43013, 43018, 43100, 43101, 43101.5, 43102, 43104, 43105, 43106.
43107, 43204 and 43205.5. Health and Safety Code.
History
1. New section filed 6-24-2002; operative 7-24-2002 (Register 2002, No. 26).
§ 1964. Special Test Procedures for Certification and
Compliance — New Modifier Certified Motor
Vehicles.
The emission standards and test procedures for new vehicle certifica-
tion, warranty, assembly-line testing, and recall for modifier certified
motor vehicles are set forth in '"California Certification and Compliance
Test Procedures for New Modifier Certified Motor Vehicles," as adopted
by the Air Resources Board on February 3, 1986, as last amended De-
cember 21, 1989.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43101, 43104, 43105,
43203.5, 432 10 and 43835, Health and Safety Code. Reference: Sections 43000,
43012, 43100-43106, 43200, 43202. 43203, 43203.5, 43204, 43210-43213 and
43835 Health and Safety Code.
History
1 . New section filed 6-13-86; effective upon filing pursuant to Government Code
Section 1 1346.2(d) (Register 86, No. 24).
2. Amendment incorporating by reference procedures as amended December 21,
1989 filed 1-24-90; operative 2-23-90 (Register 90, No. 8).
§ 1965. Emission Control, Smog Index, and Environmental
Performance Labels — 1979 and Subsequent
Model-Year Motor Vehicles.
In addition to all other requirements, emission control labels are re-
quired by the California certification procedures contained in the
"California Motor Vehicle Emission Control and Smog Index Label
Specifications for 1978 through 2003 Model Year Motorcycles, Light-,
Medium- And Heavy-Duty Engines And Vehicles," adopted March 1,
1978, as last amended September 5, 2003, which is incorporated herein
by reference, the "California Exhaust Emission Standards and Test Pro-
cedures for 2001 and Subsequent Model Passenger Cars, Light-Duty
trucks and Medium-Duty Vehicles," incorporated by reference in
§1961(d), the "California Exhaust Emission Standards and Test Proce-
dures for 2004 and Subsequent Model Heavy-Duty Diesel-Engines and
Vehicles," incorporated by reference in § 1956.8(b), the "California In-
terim Certification Procedures for 2004 and Subsequent Model Hybrid-
Electric Vehicle Classes," incorporated by reference in § 1956.8(b) and
(d), and the "California Exhaust Emission Standards and Test Procedures
for 2004 and Subsequent Model Heavy-Duty Otto-Cycle Engines," in-
corporated by reference in §1956. 8(d). Smog index labels for passenger
cars and light-duty trucks shall conform to the "California Smog Index
Label Specifications for 2004 Through 2009 Model Year Passenger Cars
and Light-Duty Trucks," adopted September 5, 2003, as last amended
May 2, 2008, which is incorporated herein by reference. Environmental
Performance labels for passenger cars, light-duty trucks, and medium-
duty passenger vehicles shall conform to the "California Environmental
Performance Label Specifications for 2009 and Subsequent Model Year
Passenger Cars, Light-Duty Trucks, and Medium-Duty Passenger Ve-
hicles," adopted May 2, 2008, which is incorporated herein by reference.
Motorcycles shall meet the requirements of Title 40 Code of Federal
Regulations section 86.413-78, as last amended October 28, 1977,
which is incorporated herein by reference.
NOTE: Authority cited: Sections 39600, 39601, 43200 and 43200.1, Health and
Safety Code. Reference: Sections 39002. 39003. 43000, 43013, 43018.5, 43100,
43101, 43102, 43104, 43107, 43200 and 43200.1, Health and Safety Code.
History
1 . Amendment filed 6-20-83; effective upon filing pursuant to Government Code
section 1 1346.2(d) (Register 83, No. 26).
2. Amendment filed 1-24-85; effective thirtieth day thereafter (Register 85, No.
4).
3. Amendment filed 5-15-85; effective thirtieth day thereafter (Register 85, No.
20).
4. Amendment filed 9-1 5-86; effective thirtieth day thereafter (Register 86, No.
38).
5. Amendment filed 6-6-88; operative 6-6-88 pursuant to Government Code sec-
tion 1 1346.2(d) (Register 88, No. 25).
6. Amendment filed 8-22-88; operative 9-21-88 (Register 88, No. 39).
7. Amendment filed 2-21-90; operative 3-23-90 (Register 90, No. 8).
8. Amendment filed 6-14-90; effective 7-14-90 (Register 90, No. 33).
9. Amendment filed 8-30-91; operative 9-30-91 (Register 92, No. 14).
10. Amendment filed 5-12-94; operative 6-13-94 (Register 94, No. 19).
11. Amendment filed 12-14-95; operative 1-13-96 (Register 95, No. 50).
12. Amendment of section heading, section and Note filed 9-23-96; operative
10-23-96 (Register 96, No. 39).
13. Amendment filed 4-15-99; operative 5-15-99 (Register 99, No. 16).
14. Amendment filed 10-28-99; operative 1 1-27-99 (Register 99, No. 44).
15. Amendment filed 1 1-22-99; operative 12-22-99 (Register 99, No. 48).
16. Amendment filed 1-23-2001; operative 1-23-2001 pursuant to Government
Code section 11343.4(c) (Register 2001, No. 4).
17. Amendment filed 11-4-2003; operative 12-4-2003 (Register 2003, No. 45).
18. Amendment of incorporated document California Smog Index Label Specifi-
cations/or 2004 Through 2009 Model Year Passenger Cars and Light-Duty
Trucks, incorporation of new document California Environmental Perfor-
mance Label Specifications for 2009 and Subsequent Model Year Passenger
Cars, Light-Duty Trucks, and Medium-Duty Passenger Vehicles and amend-
ment of section heading, section and Note filed 6-16-2008; operative
6-16-2008 pursuant to Government Code section 1 1343.4 (Register 2008, No.
25).
§ 1 965.5. Device Identification— 1 978 and Prior Model
Light-Duty Vehicles.
NOTE: Authority cited: Sections 39600 and 39601, Health and Safety Code. Ref-
erence: Sections 39002, 39003, 43000, 43013 and 43 101, Health and Safety Code.
History
1. Change without regulatory effect repealing section filed 3-18-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 12).
§ 1966. Device Identification— 1978 and Prior Model
Heavy-Duty Gasoline Engines.
NOTE: Authority cited: Sections 39600 and 39601, Health and Safety Code. Ref-
erence: Sections 39002, 39003, 43000, 43013 and 43101, Health and Safety Code.
History
1. Change without regulatory effect repealing section filed 3-18-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 12).
§ 1967. Device Identification — 1978 and Prior Model
Heavy-Duty Diesel Engines.
NOTE: Authority cited: Sections 39600 and 39601, Health and Safety Code. Ref-
erence: Sections 39002, 39003, 43000, 430 1 3 and 43 1 01 , Health and Safety Code.
History
1. Change without regulatory effect repealing section filed 3-18-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 12).
§ 1968. Malfunction and Diagnostic System for 1988 and
Subsequent Model Year Passenger Cars,
Light-Duty Trucks, and Medium-Duty Vehicles
with Three-Way Catalyst Systems and
Feedback Control.
(a) All 1988 and subsequent model year passenger cars, light-duty
trucks, and medium-duty vehicles equipped with a three-way catalyst
[The next page is 236.5.]
Page 236.4(f)
Register 2008, No. 25; 6-20-2008
Title 13
Air Resources Board
§ 1968.1
system and feedback control shall be equipped with a means of informing
the vehicle operator of the malfunction of computer-sensed emission-
related components, and of the on-board computer processor, and of the
malfunction of the emission-related functioning of the fuel metering de-
vice and EGR system on vehicles so equipped, and which provides for
on-board diagnosis of the likely area of the malfunction without the aid
of any external device. The system shall include a means of informing the
vehicle operator, upon initiation of engine starting, that it is functioning
properly. No malfunction and diagnostic system shall be required for
malfunctions which would significantly impair vehicle driveability or
prevent engine starting.
(b) This section shall be implemented as specified in this subsection
or by any means determined by the executive officer to meet the require-
ments of this section:
The vehicles shall be equipped with a malfunction indicator light and
an on-board self-diagnostic system. The on-board computer processor
shall interrogate input parameters from computer-sensed emission-re-
lated components and shall also interrogate the functioning of the fuel
metering device and of the EGR system on vehicles so equipped. Upon
detection of a malfunction of any such component, device, or system, the
computer processor shall cause the malfunction indicator light to illumi-
nate. An on-board computer processor malfunction shall also cause the
malfunction indicator light to illuminate. In the case of any such compo-
nent, device or system whose malfunction would significantly impair ve-
hicle driveability or prevent engine starting, no malfunction indication or
diagnostic code shall be required. The indicator light shall also illuminate
in the engine-run key position before engine cranking to indicate that the
malfunction indicator light is functioning. The self-diagnostic system
shall provide an on-board means of identifying, without the aid of any
external device, the likely area responsible for the detected malfunction
when the vehicle is serviced. The malfunction indicator light shall be lo-
cated on the instrument panel and shall when illuminated, display the
phrase "Check Engine" or "Service Engine Soon" or may display such
other phrase determined by the executive officer to be likely to cause a
vehicle owner to seek corrective action.
(c) For purposes of this section:
(1) A "computer-sensed emissions-related component of the three-
way catalyst emission control system" means a component which pro-
vides emission control system input to the on-board computer processor.
(2) "Malfunction" means the partial or total failure of one or more
computer-sensed emission-related components or the on-board com-
puter processor, or of the emission-related functioning of a fuel metering
device or EGR system to a degree which would likely cause the emis-
sions of an average certification vehicle with the failure or failures, indi-
vidually or in combination, to exceed the emissions standards applicable
pursuant to Subchapter ] (commencing with Section 1900), Chapter 3 of
Title 13.
(d) The executive officer shall grant an extension for compliance with
the requirements of this section with respect to a specific vehicle model
or engine family if a manufacturer demonstrates that it cannot modify a
present electronic control system by the 1988 model year because major
design system changes not consistent with the manufacturer's projected
changeover schedule would be needed to comply with the provisions of
this regulation. The period of extension shall not exceed that necessary
to enable modification of the electronic system in accordance with the
manufacturer's projected changeover schedule or three years, whichever
first occurs. Any manufacturer requesting an extension shall, no later
than July 1, 1986, submit to the executive officer of the state board an
application setting forth the required demonstration and specifying the
period for which the extension is requested.
NOTE: Authority cited: Sections 39600, 39601 and 43013, Health and Safety
Code. Reference: Sections 39002, 39003, 43000, 43013, 43100, 43101, 43102,
43104, 43105 and 43204, Health and Safety Code.
History
I. New section filed 1 1-15-85; effective thirtieth day thereafter (Register 85, No.
46).
§ 1968.1. Malfunction and Diagnostic System
Requirements — 1994 and Subsequent
Model-Year Passenger Cars, Light-Duty
Trucks, and Medium-Duty Vehicles and
Engines.
(a) GENERAL REQUIREMENTS
(1.0) All 1994 and subsequent model-year passenger cars, light-duty
trucks, and medium-duty vehicles shall be equipped with a malfunction
indicator light (MIL) located on the instrument panel that will automati-
cally inform the vehicle operator in the event of a malfunction of any
powertrain components which can affect emissions and which provide
input to, or receive output from, the on-board computer(s) or of the mal-
function of the on-board computer(s) itself. The MIL shall not be used
for any other purpose.
(1.1) The MIL shall be of sufficient illumination and location to be
readily visible under all lighting conditions. The MIL shall illuminate in
the engine-run key position before engine cranking to indicate that the
MIL is functional and shall, when illuminated, display the phrase "Check
Engine" or "Service Engine Soon." The word "Powertrain" may be sub-
stituted for "Engine" in the previous phrase. Alternatively, the Interna-
tional Standards Organization (ISO) engine symbol may be substituted
for the word "Engine," or for the entire phrase.
(1.2) All 1994 and subsequent model-year passenger cars, light-duty
trucks, and medium-duty vehicles required to have MIL pursuant to ( 1 .0)
above shall also be equipped with an on-board diagnostic system capable
of identifying the likely area of malfunction by means of fault codes
stored in computer memory. These vehicles shall be equipped with a
standardized electrical connector to provide access to the stored fault
codes. Specific performance requirements are listed below. A glossary
of terms is contained in subsection (n). Unless otherwise noted, all sec-
tion references refer to section 1968.1 of Title 13, CCR.
(1.3) Any reference to vehicles in this regulation shall also include me-
dium-duty vehicles with engines certified on an engine dynamometer.
(1.4) For Low Emission Vehicles (LEV), the Executive Officer shall
revise the emission threshold for a malfunction on any check if the most
reliable monitoring method developed requires a higher threshold to pre-
vent significant errors of commission in detecting a malfunction.
(1.5) For every case in which a malfunction is to be noted when an
emission threshold is exceeded (e.g., emissions in excess of 1 .5 times the
standard), the manufacturer may perform only a functional check (de-
fined in section (n)(16.0)) of a specific component or system if deteriora-
tion or failure of such would not cause the vehicle's emissions to exceed
the emission threshold.
(1 .6) After the 1 998 model year, for Non-LEVs, fulfillment of federal
On-Board Diagnostic (OBD) requirements shall be deemed to be an ac-
ceptable option for the manufacturer for the purpose of meeting these re-
quirements.
(1.7) For 1994 and 1995 model years only, illumination of the mal-
function indicator light upon detection of a malfunction shall be optional
for catalyst, misfire, and complete evaporative system monitoring. MIL
illumination for such vehicles shall be optional for other monitoring re-
quirements, subject to Executive Officer approval, on the basis of use of
a new monitoring strategy which is significantly different than that used
previously by the manufacturer and/or which entails a high degree of so-
phistication in its application. Irrespective of the preceeding the MIL
shall illuminate on these vehicles in accordance with section 1968.1 for
lack of function (see section (n)(16.0)) for electronic components/sys-
tems otherwise approved for not illuminating the MIL. Furthermore, set-
ting fault codes for all malfunctions shall continue to conform with re-
quirements of section 1968.1. For components/systems not requiring
illumination of the MIL, manufacturers shall provide a plan for approval
by the Executive Officer for reporting on the correct performance of the
monitoring systems in customer use at 6 month intervals beginning from
the start of production each year for at least the first three years after pro-
duction. Approval of the plan shall be based on obtaining a statistically
Page 236.5
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§ 1968.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
valid sample size, assuring that adequate resources are available to inves-
tigate the potential problems, and assuring that a wide variety of vehicles,
operating modes, and mileage accumulation will be included in the eval-
uation. Should incorrect performance of the diagnostic system be deter-
mined by the Executive Officer on the basis of these reports or through
other means, manufacturers shall recall the vehicles for correction of the
OBD II system in accordance with Article 2.2. Title 1 3 CCR, or they shall
submit an alternate plan for remedying the problem for approval by the
Executive Officer on the basis of achieving comparable capture rates and
timeliness as an official recall plan.
(1.8) Manufacturers may employ alternate statistical MIL illumina-
tion and fault code storage protocols to those specified in these require-
ments, subject to Executive Officer approval based on comparable time-
liness in detecting a malfunction and evaluating system performance. For
strategies requiring on average between three and six driving cycles for
MIL illumination, the manufacturer shall provide data and/or an engi-
neering evaluation which adequately demonstrate that the monitoring
system is equally effective and timely in detecting component deteriora-
tion. Strategies requiring on average more than six driving cycles for
MIL illumination shall not be accepted.
(1 .9) Regarding diagnostic system monitoring conditions and MIL il-
lumination requirements, manufacturers are generally required to define
appropriate operating conditions for monitoring, subject to the limitation
that the monitoring conditions shall be encountered at least once during
the first engine start portion of the applicable Federal Test Procedure
(FTP) test. Alternatively, manufacturers may request, subject to Execu-
tive Officer approval, use of monitoring conditions encountered during
the Unified Cycle (see section (n)). In approval of the request, the Execu-
tive Officer shall consider the extent to which use of the cycle provides
for more effective monitoring. Upon detection of a malfunction, the MIL
is to be illuminated and a fault code stored no later than the end of the next
driving cycle during which monitoring occurs provided the malfunction
is again detected. Until the 1997 model year, diagnostic strategies that il-
luminate the MIL on the basis of completing a trip (trip is defined in sec-
tion (n)(5.0) of these requirements) shall be accepted. The Executive Of-
ficer shall accept trip based diagnostic systems until the 1998 model year,
provided the manufacturer adequately demonstrates that the diagnostic
strategies run with reasonable frequency during normal driving condi-
tions. When a trip criterion is employed, upon detection of a malfunction,
the diagnostic system shall store a fault code and the MIL shall be illumi-
nated no later than the end of the next trip if the malfunction is again pres-
ent.
(1.10) For other emission control devices not identified or addressed
in sections (b)(1) through (b)(12) (e.g., hydrocarbon adsorbers), man-
ufacturers shall submit a plan for Executive Officer approval of the moni-
toring strategy and fault thresholds prior to introduction on a production
vehicle. Executive Officer approval shall be based on the effectiveness
of the monitoring strategy, the malfunction criteria utilized, and the mon-
itoring conditions required by the diagnostic.
(2.0) Manufacturers may request Executive Officer approval to dis-
able a diagnostic system designed to meet the requirements of section (b)
at ambient engine starting temperatures below twenty degrees Fahren-
heit (low ambient temperature conditions may be determined based on
intake air or engine coolant temperature at engine starting), and at eleva-
tions above eight thousand feet above sea level provided the manufactur-
er submits data and/or an engineering evaluation which adequately dem-
onstrate that monitoring would be unreliable when such conditions exist.
Notwithstanding, diagnostic system disablement may be requested at
other ambient engine starting temperatures if the manufacturer adequate-
ly demonstrates with data and/or an engineering evaluation that misdiag-
nosis would occur due to the impact of such ambient temperatures on the
performance of the component itself (e.g., component freezing).
(2.1) Manufacturers may disable monitoring systems that can be af-
fected by running out of fuel (e.g., misfire detection) when the fuel level
is low, provided disablement will not occur when the fuel level is above
15 percent of the nominal capacity of the fuel tank.
(2.2) For vehicles designed to accommodate the installation of Power
Take-Off (PTO) units (defined in section (n)(19.0)), disablement of af-
fected monitoring systems is permitted provided disablement occurs
only while the PTO unit is active, and provided the OBD II readiness
code (specified in section (e)) is cleared by the on-board computer (i.e.,
all bits shall be set to "test not complete") while the PTO unit is activated.
The code may be restored to its state prior to PTO activation upon PTO
de-activation.
(b) MONITORING REQUIREMENTS
(1.0) CATALYST MONITORING
(1.1) Requirement:
(1.1.1) The diagnostic system shall monitor the catalyst system for
proper performance.
(1.1.2) Manufacturers are not required to implement these catalyst
monitoring requirements on diesel vehicles and engines. Further, man-
ufacturers of spark-ignited lean-burn vehicles and engines may request
that the Executive Officer exempt such applications from these catalyst
monitoring requirements if it can be demonstrated that a reliable moni-
toring technology is not available. The Executive Officer shall approve
such a request upon determining that all reasonable monitoring technolo-
gies have been considered to the extent possible.
(1.2) Malfunction Criteria:
(1.2.1) Low Emission Vehicles (see section (n)(14.0)): The catalyst
system shall be considered malfunctioning when its conversion capabili-
ty decreases to the point that either of the following occurs: 1) Hydrocar-
bon (HC) emissions exceed the applicable emission threshold specified
in section (b)(1.2.2) below, or 2) the average Federal Test Procedure
(FTP) Non-Methane Hydrocarbon (NMHC) conversion efficiency of
the monitored portion of the catalyst system falls below 50 percent. Re-
garding the first criterion, the malfunction threshold shall be based on the
emission standards to which the vehicle is certified. For low emission ve-
hicle applications, hydrocarbon emissions shall be multiplied by the cer-
tification reactivity adjustment factor for the vehicle. Regarding the sec-
ond criterion, the efficiency determination shall be based on an FTP test
wherein a malfunction is noted when the cumulative NMHC emissions
measured at the outlet of the monitored catalyst(s) are more than 50 per-
cent of the cumulative engine-out emissions measured at the inlet of the
catalyst(s).
(1.2.2) TLEV applications shall employ an emission threshold mal-
function criterion of 2.0 times the applicable FTP HC standard plus the
emissions from a test run with a representative 4000 mile catalyst system
(125 hours of operation for medium-duty vehicles with engines certified
on an engine dynamometer). The emission threshold criterion for LEV
and ULEV applications shall be 2.5 and 3.0 times the applicable FTPHC
standard, respectively, plus the emission level with a representative 4000
mile catalyst system. Notwithstanding, beginning with the 1998 model
year, manufacturers shall phase in an emission threshold of 1 .75 times the
applicable FTP HC standard for all categories of low emission vehicles,
which shall not include the emission level with a 4000 mile catalyst sys-
tem. The phase in percentages (based on the manufacturer's projected
sales volume for low emission vehicle applications) shall equal or exceed
20 percent in the 1998 model year, 40 percent in the 1999 model year,
60 percent in the 2000 model year, 80 percent in the 2001 model year,
with 1 00 percent implementation for the 2002 model year. Alternate pha-
se-in schedules that provide for equivalent emission reduction and time-
lines overall as defined in section (n)(21.0) shall be accepted. Small vol-
ume manufacturers shall not be required to meet the phase-in
percentages; however, such manufacturers shall achieve 100 percent
compliance by the 2002 model year.
(1.2.3) Non-Low Emission Vehicles: The catalyst system shall be
considered malfunctioning when its conversion capability decreases to
the point that HC emissions increase by more than 1 .5 times the standard
Page 236.6
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Title 13
Air Resources Board
§ 1968.1
over an FTP test from a test run with a representative 4000 mile catalyst
system.
(1.2.4) For 1994 and 1995 model year vehicles and engines, as an op-
tion to monitoring the catalyst during FTP driving conditions, manufac-
turers may monitor the front catalyst independently of, or in combination
with, the next catalyst downstream. Each monitored catalyst or catalyst
combination shall be considered malfunctioning when total HC conver-
sion efficiency falls below 60 percent while in normal closed loop opera-
tion. As a guideline, the catalyst(s) should not be considered malfunc-
tioning when its efficiency is greater than 80 percent. The efficiency
determination shall be based on a steady state test wherein a malfunction
is noted when the total HC emission concentration measured at the outlet
of the monitored catalyst(s) is more than 20 to 40 percent of the cumula-
tive total engine-out emissions measured at the inlet of the catalyst(s).
Alternatively, if correlation with FTP emissions can be demonstrated,
manufacturers may use the malfunction criteria specified in (b)( 1.2.1 ) or
(b)(l .2.3). 1994 and 1995 model year vehicles certified to this option
shall incorporate FTP based monitoring no later than the 1 997 model year
(vehicles initially complying with section 1968.1 in the 1996 model year
shall utilize an FTP based catalyst monitoring system).
(1.3) Monitoring Conditions:
(1.3.1) The manufacturer shall define appropriate operating condi-
tions during which monitoring shall occur, subject to the limitation that
the monitoring conditions shall be encountered at least once during the
first engine start portion of the applicable FTP test. However, vehicles
utilizing steady state monitoring (as permitted by section (1.2.4) above),
may alternatively comply with the monitoring conditions specified in
section (1.3.2). The monitoring system shall operate at least once per
driving cycle during which the manufacturer-defined monitoring condi-
tions are met.
(1.3.2) If steady state efficiency is being monitored (see section
(b)( 1.2.4)), the manufacturer shall choose a non-closed throttle, reason-
ably steady speed condition for monitoring the catalyst with the con-
straints that the check shall (i) occur between 20 mph and 50 mph, or
within an engine rpm and torque range determined by the manufacturer
to be representative of medium-duty vehicle operating conditions be-
tween 20 and 50 mph steady speed conditions with a load equivalent to
50 percent of the maximum load carrying capacity, (ii) take no more than
a 20 second interval to determine both that the vehicle is operating in a
proper window to perform the check and to actually perform the check,
and (iii) be conducted at the earliest such condition encountered after the
beginning of closed-loop operation for each driving cycle. Performance
of the check may be delayed after engineer startup until stabilized coolant
temperature is achieved and/or a suitable cumulative time interval of
non-closed throttle vehicle operation has elapsed to ensure the catalyst
is warmed-up for properly performing the monitoring check. The speci-
fied cumulative time interval shall begin from the first non-closed
throttle operation after achieving a stabilized coolant temperature or after
engine starting and shall not exceed 180 seconds. These monitoring con-
straints and conditions may be altered, subject to Executive Officer Ap-
proval. Such approval shall be granted if the manufacturer submits data
and an engineering evaluation justifying the need for the exception and
demonstrates that the requested alteration would yield improved catalyst
monitoring. "Reasonably steady" speed interval in this instance means
a 20 second period where all accelerations and decelerations are of an av-
erage magnitude equivalent to 0.5 mph/second or less over any two sec-
ond interval during this period. The manufacturer may abort the check
if engine operating conditions change during the check so that the vehicle
exceeds the speed or acceleration/deceleration tolerance before the end
of the checking interval. The manufacturer may base performance of the
catalyst check upon engine RPM and loan conditions equivalent to the
above monitoring conditions. If a manufacturer develops a means of
monitoring catalyst efficiency which cannot utilize a steady state moni-
toring period (e.g., examining time vs. temperature during catalyst
warmup), it may present a monitoring proposal to the Executive Officer
for approval based on equivalent accuracy and timeliness as the steady
state monitoring protocol in detecting a malfunctioning catalyst.
(1.4) MIL Illumination and Fault Code Storage:
(1.4.1) Except as noted below, upon detection of a catalyst malfunc-
tion, the MIL shall illuminate and a fault code stored no later than the end
of the next driving cycle during which monitoring occurs provided the
malfunction is again present.
(1.4.2) For steady state catalyst efficiency checks, upon detection of
catalyst efficiency below 60 percent, the diagnostic system may perform
up to two successive monitoring checks prior to informing the vehicle op-
erator of a malfunction. These monitoring checks need not occur on the
same driving cycle, but shall be performed as soon as proper monitoring
conditions occur. If catalyst efficiency remains below 60 percent for the
three sequential checks, a fault code shall be stored and the MIL shall
then be activated.
(1 .4.3) The diagnostic system shall temporarily disable catalyst moni-
toring when a malfunction exists which could affect the proper evalua-
tion of catalyst efficiency.
(1.4.4) The monitoring method for the catalyst(s) shall be capable of
detecting when a catalyst trouble code has been cleared (except diagnos-
tic system self-clearing), but the catalyst has not been replaced (e.g., cat-
alyst over temperature approaches may not be acceptable).
(2.0) HEATED CATALYST MONITORING
(2.1) Requirement:
(2. 1 . 1) The diagnostic system shall monitor all heated catalyst systems
for proper heating.
(2.1.2) The efficiency of heated catalysts shall be monitored in con-
junction with the requirements of section (b)(1).
(2.2) Malfunction Criteria:
(2.2.1) The catalyst heating system shall be considered malfunction-
ing when the catalyst does not reach its designated heating temperature
within a requisite time period after engine starting. The time period is to
be determined by the manufacturer subject to the requirement that the
system shall detect a heating system malfunction causing emissions from
a vehicle equipped with the heated catalyst system to exceed 1.5 times
any of the applicable FTP standards.
(2.2.2) Manufacturers using other heating or monitoring strategies
may submit an alternate plan for approval by the Executive Officer to
monitor heated catalyst systems based on comparable reliability and
timeliness to these requirements in detecting a catalyst heating malfunc-
tion.
(2.3) Monitoring Conditions:
Manufacturers shall define appropriate operating conditions for moni-
toring of the catalyst heating system, subject to the limitation that the
monitoring conditions shall be encountered at least once during the first
engine start portion of the applicable FTP test. The monitoring system
shall operate at least once per driving cycle during which the manufac-
turer-defined monitoring conditions are met.
(2.4) MIL Illumination and Fault Code Storage:
Upon detection of a catalyst heating malfunction, the MIL shall illumi-
nate and a fault code stored no later than the end of the next driving cycle
during which monitoring occurs provided the malfunction is again pres-
ent.
(3.0) MISFIRE MONITORING
(3.1) Requirement: The diagnostic system shall monitor engine mis-
fire and shall identify the specific cylinder experiencing misfire. Man-
ufacturers may request Executive Officer approval to store a general mis-
fire fault code instead of a cylinder specific code under certain operating
conditions provided the manufacturer submits data and/or an engineer-
ing evaluation which adequately demonstrate that the misfiring cylinder
cannot be reliably identified when such conditions occur. If more than
one cylinder is misfiring, a separate code shall indicate that multiple cyl-
inders are misfiring (specifying the individual misfiring cylinders under
this condition is optional, however, identifying only one misfiring cylin-
der shall not occur when a multiple misfire code is stored).
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§ 1968.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(3.2) Malfunction Criteria: The manufacturer shall specify in the doc-
umentation provided for certification (see subsection (g) and (h) infra.)
a percentage of misfires out of the total number of firing events necessary
for determining a malfunction for each of the conditions listed below.
(A) The percent misfire evaluated in 200 revolution increments for
each engine speed and load condition which would result in catalyst dam-
age. Subject to Executive Officer approval, a longer interval may be
employed (but only for determining, on a given driving cycle, the first
misfire exceedance in section (3.4.1)(A) below) provided the manufac-
turer submits data and/or an engineering evaluation which adequately
demonstrate that catalyst damage would not occur due to unacceptably
high catalyst temperatures before the interval has elapsed. The manufac-
turer shall submit in the certification documentation catalyst temperature
data versus percent misfire over the full range of engine speed and load
conditions. The data shall be obtained from a representative cross section
of a manufacturer's engine offerings from small to large displacements.
Up to three such engine evaluations shall be documented per manufactur-
er, though a manufacturer may submit more data if desired. An engineer-
ing evaluation shall be provided for establishing malfunction criteria for
the remainder of engine families in the manufacturer's product line. The
Executive Officer shall waive the evaluation requirement each year if, in
the judgment of the Executive Officer, technological changes do not af-
fect the previously determined malfunction criteria;
(B) The percent misfire evaluated in 1000 revolution increments
which would cause emissions from a durability demonstration vehicle to
exceed 1 .5 times any of the applicable FTP standards if the degree of mis-
fire were present from the beginning of the test. Subject to Executive Of-
ficer approval, a manufacturer may employ other revolution increments
if the manufacturer adequately demonstrates that the strategy is equally
effective and timely in detecting misfire. For the purpose of establishing
the percent misfire, the manufacturer shall conduct the demonstration
test(s) with misfire events occurring at equally spaced complete engine
cycle intervals, across randomly selected cylinders throughout each 1000
revolution increment. However, the percent misfire established shall be
applicable for any misfire condition (e.g. random, continuous, equally
spaced, etc.) for the purpose of identifying a malfunction. This criterion
may be used for all vehicles with engines containing the same number of
cylinders as the demonstration vehicle. The number of misfires in 1000
revolution increments which was determined for the durability demon-
stration vehicle malfunction criterion may be used to establish the corre-
sponding percent misfire malfunction criteria for engines with other
numbers of cylinders. The malfunction criteria for a manufacturer's
product line shall be updated when a new durability demonstration ve-
hicle is tested which indicates more stringent criteria are necessary than
previously established to remain within the above emission limit;
(3.3) Monitoring Conditions:
(3.3.1) Pre-1997 Model Year Vehicles: misfire shall be monitored
continuously during, at a minimum, positive torque operating conditions
within the range of engine speed and load condition combinations en-
countered during an FTP test; nonetheless, subject to Executive Officer
approval, manufacturers may employ higher misfire percentage mal-
function criteria under specific conditions within the range of operating
conditions encountered during an FTP test if the manufacturer provides
data and/or an engineering evaluation which adequately demonstrate that
the detection of lower levels of misfire would not be reliable for the ve-
hicle model in question when such conditions are encountered without
making fundamental engine of control unit design modifications. If the
manufacturer can so demonstrate that even the detection of a higher mis-
fire percentages is not feasible under specific FTP operating conditions,
the manufacturer may request Executive Officer approval to disable the
monitoring system when such conditions are encountered.
(3.3.2) 1997 and Later Model Year Vehicles: Manufacturers shall
phase in expanded misfire monitoring conditions beginning with the
1997 model year. The phase in percentages (based on the manufacturer's
projected sales volume for all vehicles and engines) shall equal or exceed
50 percent in the 1997 through 1999 model years, 75 percent in the 2000
model year, 90 percent in the 2001 model year, with 100 percent imple-
mentation for the 2002 model year. Alternate phase-in schedules that
provide for equivalent emission reduction and timeliness overall shall be
accepted. Small volume manufacturers shall not be required to meet the
phase-in percentages; however, 100 percent implementation of these
monitoring conditions shall be required beginning with the 2002 model
year. On vehicles meeting these phase-in percentages, except as pro-
vided for in section (3.3.3) below, monitoring for misfire shall be contin-
uous from engine starting (see section (n)) and under all positive torque
engine speeds and load conditions. Vehicles not meeting the monitoring
conditions of this section shall meet the monitoring conditions specified
in section (b)(3.3.1) above.
(3.3.3) As an exception to monitoring misfire during all positive
torque operating conditions, manufacturers may disable misfire monitor-
ing in the engine operating region bound by the positive torque line (i.e.,
engine load with the transmission in neutral), and the two following en-
gine operating points: an engine speed of 3000 rpm with the engine load
at the positive torque line, and the redline engine speed (defined in sec-
tion (n)(18.0)) with the engine's manifold vacuum at four inches of mer-
cury lower than that at the positive torque line. Misfire detection systems
unable to detect all misfire patterns under all required conditions shall be
evaluated for compliance by the Executive Officer based on, but not lim-
ited to, the following factors: the magnitude of the region(s) in which
misfire detection is limited, the degree to which misfire detection is lim-
ited in the region(s) (i.e., the probability of detection of misfire events),
the frequency with which said region(s) are expected to be encountered
in-use, the type of misfire patterns for which misfire detection is trouble-
some, and demonstration that the monitoring technology employed is not
inherently incapable of detecting misfire under required conditions (i.e.,
compliance can be achieved on other engines). The evaluation shall be
based on the following misfire patterns: equally spaced misfire occurring
on randomly selected cylinders, single cylinder continuous misfire, and
paired cylinder (cylinders firing at the same crank angle) continuous mis-
fire. Further, with Executive Officer approval, the manufacturer may dis-
able misfire monitoring or employ higher malfunction criteria when mis-
fire cannot be distinguished from other effects (e.g., rough roads,
transmission shifts, etc.) when using the best available monitoring tech-
nology. The manufacturer shall present data and/or an engineering evalu-
ation to the Executive Officer to justify the proposed action. Executive
Officer approval shall be based on the extent to which monitoring is ex-
pected to be disabled in relation to the capabilities of the best available
monitoring technologies as applied to other engines. However, through
the 2000 model year, any such disablement occurring within the first 5
seconds after engine starting shall not require Executive Officer approv-
al. Additionally, for engines with greater than eight cylinders, the Execu-
tive Officer shall waive the requirements of this section provided the
manufacturer submits data and/or an engineering evaluation which ade-
quately demonstrates that misfire detection throughout the required op-
erating region cannot be achieved when employing proven monitoring
technology (i.e., a technology that provides for compliance with these re-
quirements on other engines) and provided misfire is detected to the full-
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Title 13
Air Resources Board
§ 1968.1
est extent permitted by the technology, but under no circumstances shall
acceptance be granted for misfire detection systems not meeting the re-
quirements of section (b)(3.3.1) above.
Figure 10
Postive Torque Load - 4 inches H20
^..Positive Torque Load
idle 2000 3000 4000 5000 Redline
Engine Speed
(3.4) MIL Illumination with Fault Code Storage:
(3.4.1) Upon detection of the level of misfire specified in subsection
(3.2)(A), the following criteria shall apply for MIL illumination and fault
code storage:
(A) A temporary fault code shall be stored and the MIL shall blink
once per second during actual misfire conditions no later than after the
third exceedance of the specified misfire level when operating in the re-
gion bound by the maximum engine speed and load conditions encoun-
tered during the FTP cycle and no later than after the first exceedance of
the specified misfire level when operating at any other engine speed and
load condition during a single driving cycle. While a temporary fault
code is stored, the MIL shall blink during every subsequent exceedance
during the driving cycle but may remain extinguished when misfire is not
present. If the level of misfire is exceeded again (a single exceedance)
during the following driving cycle or the next driving cycle in which sim-
ilar conditions are encountered (as defined in section (3.4.3) or while a
temporary fault code for the level of misfire specified in subsection
(3.2)(B) is present, the MIL shall blink as specified above, a fault code
shall be stored, and the MIL shall remain continuously illuminated, even
if the misfire ceases. The initial temporary code and stored conditions
may be erased if misfire is not detected during the following driving cycle
and similar conditions have been encountered without an exceedance of
the specified misfire level. The code and conditions may also be erased
if similar driving conditions are not encountered during 80 driving cycles
subsequent to the initial detection of a malfunction.
(B) Notwithstanding, in vehicles which provide fuel shutoff and de-
fault fuel control to prevent overfueling during misfire conditions, the
MIL need not blink. Instead, the MIL may illuminate continuously in ac-
cordance with the requirements for continuous MIL illumination in sec-
tion (3.4.1)(A) above upon detection of misfire provided that the fuel
shutoff and default control shall be activated as soon as misfire is de-
tected. Fuel shutoff and default fuel control may be deactivated only to
permit fueling outside of the misfire range.
(3.4.2) Upon detection of the misfire levels specified in subsection
(3.2)(B), the following criteria shall apply for MIL illumination and fault
code storage:
(A) A temporary fault code shall be stored no later than after the fourth
exceedance of the specified misfire level during a single driving cycle
and the MIL shall be illuminated and a fault code stored no later than the
end of the following driving cycle or the next driving cycle in which simi-
lar conditions are encountered (as defined in section (3.4.3)) if the level
of misfire is again exceeded four times. The initial temporary code and
stored conditions may be erased if misfire is not detected during the fol-
lowing driving cycle and similar conditions have been encountered with-
out an exceedance of the specified misfire level. The code and conditions
may also be erased if similar driving conditions are not encountered dur-
ing 80 driving cycles subsequent to the initial detection of a malfunction.
(B) Notwithstanding, a temporary fault code shall be stored no later
than after the first exceedance of the specified misfire level during a
single driving cycle if the exceedance occurs within the first 1000 revolu-
tions from engine start (defined in section (n)(20.0)) during which mis-
fire detection is active. The MIL shall be illuminated and a fault code
stored no later than the end of any subsequent driving cycle if misfire is
again detected in the first 1000 revolutions. If similar conditions are en-
countered during a subsequent driving cycle without an exceedance of
the specified misfire level, the initial temporary code and stored condi-
tions may be erased. Furthermore, if similar driving conditions are not
encountered during 80 driving cycles subsequent to the initial detection
of a malfunction, the initial temporary code and stored conditions may
be erased.
(3.4.3) Upon detection of misfire, manufacturers shall store the engine
speed, load, and warm-up status (i.e., cold or warmed-up) under which
the first misfire event which resulted in the storage of a temporary fault
code was detected. A driving cycle shall be considered to have similar
conditions if the stored engine speed conditions are encountered within
375 rpm, load conditions within 20 percent, and the same warm-up status
is present. With Executive Officer approval, other strategies for deter-
mining if similar conditions have been encountered may be employed.
Approval shall be based on comparable timeliness and reliability in de-
tecting similar conditions.
(3.5) MISFIRE MONITORING FOR DIESELS
(3.5.1) Requirement: Beginning with the 1998 model year, the diag-
nostic system on a diesel engine shall be capable of detecting the lack of
combustion in one or more cylinders. To the extent possible without add-
ing hardware for this specific purpose, the diagnostic system shall also
identify the specific cylinder for which combustion cannot be detected.
If the lack of combustion is present in more than one cylinder, a separate
code shall indicate that multiple cylinders are malfunctioning (specify-
ing the individual malfunctioning cylinders under this condition is op-
tional; however, identifying one malfunctioning cylinder shall not occur
when a multiple cylinder code is stored).
(3.5.2) Malfunction Criteria: A cylinder shall be considered malfunc-
tioning when combustion cannot be detected.
(3.5.3) Monitoring Conditions: Manufacturers shall define appropri-
ate operating conditions for monitoring, subject to the limitation that the
monitoring conditions shall be encountered at least once during the first
engine start portion of the applicable FTP test. The monitoring system
shall operate at least once per driving cycle during which the manufac-
turer-defined monitoring conditions are met.
(3.5.4) MIL Illumination and Fault Code Storage: The MIL shall illu-
minate and a fault code shall be stored no later than the end of the next
driving cycle during which monitoring occurs provided the malfunction
is again present.
(4.0) EVAPORATIVE SYSTEM MONITORING
(4.1) Requirement:
(4.1.1) The diagnostic system shall verify air flow from the complete
evaporative system. In addition, the diagnostic system shall also monitor
the evaporative system for the loss of HC vapor into the atmosphere by
performing a pressure or vacuum check of the complete evaporative sys-
tem.
(4.1.2) Manufacturers may temporarily disable the evaporative purge
system to perform a check.
(4.1.3) Manufacturers may request Executive Officer approval to
abort an evaporative system check under specific conditions (e.g., when
the fuel tank level is over 85 percent of nominal tank capacity) if data and/
or an engineering evaluation are provided which adequately demonstrate
that a reliable check cannot be made when these conditions exist.
(4.1.4) Subject to Executive Officer approval, other monitoring strate-
gies may be used provided the manufacturer provides a description of the
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§ 1968.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
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strategy and supporting data showing equivalent monitoring reliability
and timeliness in detecting an evaporative system malfunction or leak.
(4.1.5) Implementation of this requirement is mandatory only for 1996
and later model year vehicles designed to comply with the requirements
of Title 13, California Code of Regulations, Section 1976, "Standards
and Test Procedures for Motor Vehicle Fuel Evaporative Emissions," for
1995 and subsequent model year vehicles.
(4.2) Malfunction Criteria:
(4.2.1) An evaporative system shall be considered malfunctioning
when no air flow from the system can be detected, or when a system leak
is detected that is greater than or equal in magnitude to a leak caused by
a 0.040 inch diameter orifice in any portion of the evaporative system ex-
cluding the tubing and connections between the purge valve and the in-
take manifold.
(4.2.2) Beginning with the 2000 model year, manufacturers shall pha-
se-in diagnostic strategies to detect system leaks greater than or equal in
magnitude to a leak caused by a 0.020 inch diameter orifice. The phase-
in percentages (based on the manufacturer's projected sales volume for
all vehicles) shall equal or exceed 20 percent for the 2000 model year, 40
percent for the 2001 model year, 70 percent for the 2002 model year, and
100 percent implementation for the 2003 model year. Alternate phase-in
schedules that provide for equivalent emission reduction and timeliness
overall shall be accepted. Small volume manufacturers shall not be sub-
ject to the phase-in requirements; however, 100 percent implementation
shall be required for the 2003 model year.
(4.2.3) On vehicles with fuel tank capacity greater than 25 gallons, the
Executive Officer shall revise the size of the orifice if the most reliable
monitoring method available cannot reliably detect a system leak of the
magnitudes indicated above. Further, on vehicles with fuel tank capacity
from 18 to 25 gallons, the Executive Officer may allow a larger size ori-
fice (e.g., 0.050 inch diameter rather than 0.040 inch diameter) to be de-
tected at low fuel levels (e.g., less than 50 percent of capacity) through
the 1999 model year if the manufacturer demonstrates that it is necessary
to avoid false MILs for a particular application due to a unique fuel tank
configuration that would require hardware modifications to facilitate re-
liable monitoring.
(4.2.4) Upon request by the manufacturer and submission of data and/
or engineering evaluation which adequately support the request, the Ex-
ecutive Officer shall revise the orifice size upward to exclude detection
of leaks that cannot cause evaporative or running loss emissions to ex-
ceed 1.5 times the applicable standards.
(4.3) Monitoring Conditions: Manufacturers shall define appropriate
operating conditions for monitoring, subject to the limitation that the
monitoring conditions shall be encountered at least once during the first
engine start portion of the applicable FTP test. The monitoring system
shall operate at least once per driving cycle during which the manufac-
turer-defined monitoring conditions are met. However, monitoring con-
ditions may be further limited with respect to detecting leaks equivalent
to a 0.020 inch diameter orifice, subject to Executive Officer approval,
on the basis that the monitoring conditions will be reasonably-occurring
in-use, and provided that a check for leaks equal or greater in magnitude
than a 0.040 inch orifice will continue to be conducted at least once per
driving cycle as indicated above. Subject to Executive Officer approval,
if performance of the check causes vehicles to exceed applicable emis-
sion standards when using the best available technology, manufacturers
may perform evaporative system monitoring during a steady-speed con-
dition, as defined in section (b)(1.3.2), between 20 and 50 mph.
(4.4) MIL Illumination and Fault Code Storage:
(4.4. 1 ) Upon detection of an evaporative system malfunction or a mal-
function that prevents completion of an evaporative system check, the
MIL shall illuminate and a fault code shall be stored no later than the end
of the next driving cycle during which monitoring occurs provided the
malfunction is again present.
(4.4.2) If the diagnostic system is capable of discerning that a system
leak is being caused by a missing or improperly secured fuel cap, the
manufacturer may notify the vehicle operator through the use of an indi-
cator light other than the MIL. The manufacturer is not required to store
a fault code in this case. The indicator light shall conform to the require-
ments outlined in section (a)(l . 1 ) forlocation and illumination. As anoth-
er option, the manufacturer may extinguish the MIL, provided no other
malfunctions have been detected, and may erase the fault code corre-
sponding to the problem once the on-board diagnostic system has veri-
fied that the fuel cap specifically has been securely fastened. Other equiv-
alent strategies shall be considered by the Executive Officer.
(5.0) SECONDARY AIR SYSTEM MONITORING
(5.1 ) Requirement: Any vehicle equipped with any form of secondary
air delivery system shall have the diagnostic system monitor the proper
functioning of (a) the secondary air delivery system and (b) any air
switching valve.
(5.2) Malfunction Criteria:
(5.2.1) The diagnostic system shall indicate secondary air delivery
system malfunction when the flow rate falls below the manufacturer's
specified low flow limit such that a vehicle would exceed 1.5 times any
of the applicable FTP emission standards.
(5.2.2) Manufacturers adequately demonstrating that deterioration of
the flow distribution system is unlikely may request Executive Officer
approval to perform only a functional check of the system. As part of this
demonstration, manufacturers shall demonstrate that the materials used
for the secondary air system (e.g., air hoses, and tubing) are inherently
resistant to corrosion or other deterioration. If a functional check is ap-
proved, the diagnostic system shall indicate a malfunction when some
degree of secondary airflow is not detectable in the exhaust system dur-
ing a check.
(5.3) Monitoring Conditions: Manufacturers shall define appropriate
operating conditions for monitoring of the secondary air system, subject
to the limitation that the monitoring conditions shall be encountered at
least once during the first engine start portion of the applicable FTP test.
The monitoring system shall operate at least once per driving cycle dur-
ing which the manufacturer-defined monitoring conditions are met.
(5.4) MIL Illumination and Fault Code Storage: The diagnostic system
shall store a fault code and the MIL shall illuminate no later than the end
of the next driving cycle during which monitoring occurs provided the
malfunction is again present.
(6.0) AIR CONDITIONING SYSTEM REFRIGERANT MONI-
TORING
(6.1) Requirement:
(6.1.1) The diagnostic system shall monitor air conditioning systems
for loss of refrigerants which would harm the stratospheric ozone layer
or are reactive in forming atmospheric ozone. Any sensor used for such
monitoring shall itself be monitored for proper circuit continuity and
proper range of operation. A provision for ensuring that a leak has been
corrected before extinguishing the MIL shall be provided.
(6.1 .2) Manufacturers of a model vehicle which will phase out the use
of chlorofluorocarbons in its air conditioning systems by the 1996 mo-
del-year or which will use federally-approved refrigerants with substan-
tially less atmospheric ozone depleting potential than CFC-12 need not
comply with this requirement for that model.
(6.2) Malfunction Criteria: Manufacturers shall provide a monitoring
strategy for approval by the Executive Officer for monitoring a refriger-
ant leak. The approval shall be based on timeliness and reliability in de-
tecting a leak.
(6.3) Monitoring Conditions: Manufacturers shall define appropriate
operating conditions for monitoring, subject to the limitation that the
monitoring conditions shall be encountered at least once during the first
engine start portion of the applicable FTP test. The monitoring system
shall operate at least once per driving cycle during which the manufac-
turer-defined monitoring conditions are met.
(6.4) MIL Illumination and Fault Code Storage: The diagnostic system
shall store a fault code and the MIL shall illuminate no later than the end
of the next driving cycle during which monitoring occurs provided the
malfunction is again present. The diagnostic system shall not clear a fault
code and the MIL shall not turn off unless the leak has been corrected.
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Title 13
Air Resources Board
§ 1968.1
•
•
(7.0) FUEL SYSTEM MONITORING
(7. 1 ) Requirement: The diagnostic system shall monitor the fuel deliv-
ery system for its ability to provide compliance with emission standards.
For diesel vehicles and engines, the manufacturer shall monitor the per-
formance of all electronic fuel system components to the extent feasible
with respect to the malfunction criteria specified in section (7.2) below.
(7.2) Malfunction Criteria: The manufacturer shall establish malfunc-
tion criteria to monitor the fuel delivery system such that a vehicle's
emissions would not exceed 1.5 times any of the applicable FTP stan-
dards before a fault is detected. If the vehicle is equipped with fuel trim
circuitry, the manufacturer shall include as one of the malfunction crite-
ria the condition where the trim circuitry has used up all of the trim adjust-
ment allowed within the manufacturer's selected limit(s). Manufacturers
may compensate the criteria Jimit(s) appropriately for changes in altitude
or for temporary introduction of large amounts of purge vapor or for other
similar identifiable operating conditions when they occur.
(7.3) Monitoring Conditions: The fuel system shall be monitored con-
tinuously for the presence of a malfunction.
(7.4) MIL Illumination and Fault Code Storage:
(7.4.1) For fuel systems with short-term trim only capability the diag-
nostic system shall store a fault code after the fuel system has attained the
criteria limit for a manufacturer-defined time interval sufficient to deter-
mine a malfunction. If the malfunction criteria limit and time intervals are
exceeded, the MIL shall be illuminated and a fault code stored no later
than the end of the next driving cycle in which the criteria and interval
are again exceeded, unless driving conditions similar to those under
which the problem was originally detected have been encountered (see
section (7.4.3)) without such an exceedance, in which case the initial
temporary code and stored conditions may be erased. Furthermore, if
similar driving conditions are not encountered during 80 driving cycles
subsequent to the initial detection of a malfunction, the initial temporary
code and stored conditions may be erased.
(7.4.2) For fuel systems with long-term capability, upon attaining a
long-term based malfunction criteria limit independent of, or in combi-
nation with, the short-term trim system status, the MIL shall be illumi-
nated and a fault code stored no later than the end of the next driving cycle
if the malfunction is again detected. If the malfunction is not detected
during the second driving cycle, the MIL shall be illuminated and a fault
code stored no later than the next driving cycle in which the malfunction
is again detected, unless driving conditions similar to those under which
the problem was originally detected have been encountered (see section
(7.4.3)) without an indication of a malfunction, in which case the initial
temporary code and stored conditions may be erased. Furthermore, if
similar driving conditions are not encountered during 80 driving cycles
subsequent to the initial detection of a malfunction, the initial temporary
code and stored conditions may be erased.
(7.4.3) Upon detection of a fuel system malfunction, manufacturers
shall store the engine speed, load and warm-up status (i.e., cold or war-
med-up) under which the malfunction was detected. A driving cycle
shall be considered to have similar conditions if the stored engine speed
is encountered within 375 rpm, load conditions within 20 percent, and the
same warm-up status is present. With Executive Officer approval, other
strategies for determining if similar conditions have been encountered
may be employed. Approval shall be based on comparable timeliness and
reliability in detecting similar conditions.
(8.0) OXYGEN SENSOR MONITORING
(8.1) Requirement:
(8.1.1) The diagnostic system shall monitor the output voltage, re-
sponse rate, and any other parameter which can affect emissions, of all
primary (fuel control) oxygen (lambda) sensors for malfunction. It shall
also monitor all secondary oxygen sensors (fuel trim control or use as a
monitoring device) for proper output voltage and/or response rate. Re-
sponse rate is the time required for the oxygen sensor to switch from
lean-to-rich once it is exposed to a richer than stoichiometric exhaust gas
or vice versa (measuring oxygen sensor switching frequency may not be
an adequate indicator of an oxygen sensor response rate, particularly at
low speeds).
(8.1.2) Either the lean-to-rich or both the lean-to-rich and the rich-
to-lean response rates shall be checked. Response rate checks shall eval-
uate the portions of the sensor' s dynamic signal that are most affected by
sensor malfunctions such as aging or poisoning.
Manufacturers may observe the voltage envelope of the sensor when
cycled at a frequency of 1.5 Hertz or greater, as determined by the man-
ufacturer, to evaluate a slow response rate sensor (i.e. a slow sensor can-
not achieve maximum and/or minimum voltage as will a good sensor giv-
en a properly chosen switching frequency and fuel step change for a
check). With Executive Officer approval, manufacturers may use other
voltage requirements/fuel-air switching frequencies or monitoring strat-
egies based on a determination of accurate and timely evaluation of the
sensor.
(8.1.3) For sensors with different characteristics, the manufacturer
shall submit data and an engineering evaluation to the Executive Officer
for approval based on showing equivalent evaluation of the sensor.
(8.1.4) For vehicles equipped with heated oxygen sensors, the heater
circuit shall be monitored for proper current and voltage drop (note: a
continuity check of oxygen sensors is not required). Other heater circuit
monitoring strategies would require approval by the Executive Officer
based on equally reliable and timely indication of malfunction as current
or voltage-based monitoring.
(8.2) Malfunction Criteria:
(8.2. 1) An oxygen sensor shall be considered malfunctioning when the
voltage, response rate, or other criteria are exceeded and causes emis-
sions from a vehicle equipped with the sensor(s) to exceed 1.5 times any
of the applicable FTP standards, or when the sensor output characteristics
are no longer sufficient (e.g., lack of sensor switching) for use as a diag-
nostic system monitoring device (e.g., for catalyst efficiency monitor-
ing).
(8.2.2) For heated oxygen sensors, the heater circuit shall be consid-
ered malfunctioning when the current or voltage drop in the circuit is no
longer within the manufacturer's specified limits for normal operation
(i.e., within the criteria required to be met by the component vendor for
heater circuit performance at high mileage). Subject to Executive Officer
approval, other monitoring strategy malfunction criteria for detection of
heater circuit malfunctions may be used provided the manufacturer sub-
mits data and/or an engineering evaluation adequately showing monitor-
ing reliability and timeliness to be equivalent to the stated criteria in this
paragraph.
(8.3) Monitoring Conditions:
(8.3.1) For primary oxygen sensor(s) used for fuel control, the re-
sponse rate and output voltage shall be monitored for malfunction before
the end of the first idle period after the vehicle has commenced closed-
loop operation, if the necessary checking condition for acceptable oxy-
gen sensor(s) performance has been encountered. The performance of
the sensor can only be judged acceptable by one or more of the following
means: within any 20 second reasonably steady speed condition as de-
fined in (b)(1.3.2), within any deceleration of 3 seconds or more, or dur-
ing the first idle period of at least 20 seconds after closed loop operation
begins (i.e., not during an acceleration condition); not withstanding, un-
acceptable performance can be determined at any time. Other monitoring
conditions may be used provided the manufacturer provides a monitor-
ing strategy and supporting data showing equivalent monitoring reliabil-
ity and timeliness in detecting a malfunctioning sensor compared to the
above monitoring conditions and the Executive Officer approves.
(8.3.2) For secondary oxygen sensors used for catalyst monitoring
and/or fuel system trim, the manufacturer shall define appropriate operat-
ing conditions for response rate and/or output voltage malfunction moni-
toring, subject to the limitation that the monitoring conditions shall be en-
countered at least once during the first engine start portion of the
applicable FTP test. The monitoring system shall operate at least once per
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BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
driving cycle during which the manufacturer-defined monitoring condi-
tions are met.
(8.3.3) For heated oxygen sensors, the manufacturer shall define ap-
propriate operating conditions for malfunction monitoring of the heater
circuit, subject to the limitation that the monitoring conditions shall be
encountered at least once during the first engine start portion of the appli-
cable FTP test. The monitoring system shall operate at least once per
driving cycle during which the manufacturer-defined monitoring condi-
tions are met.
(8.4) MIL Illumination and Fault Code Storage: Upon detection of any
oxygen sensor malfunction, the diagnostic system shall store a fault code
and the MIL shall illuminate no later than the end of the next driving cycle
during which monitoring occurs provided the malfunction is again pres-
ent.
(8.5) Other (non-lambda) Oxygen Sensors:
(8.5. 1) For vehicles equipped with universal exhaust gas oxygen sen-
sors (i.e. sensors which provide an output proportional to exhaust gas ox-
ygen concentration), the manufacturer shall define appropriate operating
conditions for the diagnostic system to perform a response rate check (the
time required to respond to a specific change in fuel/air ratio), subject to
the limitation that the monitoring conditions shall be encountered at least
once during the first engine start portion of the applicable FTP test. The
monitoring system shall operate at least once per driving cycle during
which the manufacturer-defined monitoring conditions are met. The
diagnostic system shall also perform an out-of-range check for which
monitoring shall be continuous. For malfunctions. MIL illumination and
fault code storage shall be as in (8.4).
(8.5.2) If a manufacturer utilizes other types of oxygen sensors, the
manufacturer shall submit a monitoring plan to the Executive Officer for
approval based on equivalent monitoring with conventional sensors.
(9.0) EXHAUST GAS RECIRCULATION (EGR) SYSTEM MONI-
TORING
(9.1) Requirement:
(9.1.1) The diagnostic system shall monitor the EGR system on ve-
hicles so-equipped for low and high flow rate malfunctions.
(9. 1 .2) Manufacturers may request Executive Officer approval to tem-
porarily disable the EGR system check under specific conditions pro-
vided the manufacturer submits data and/or an engineering evaluation
which adequately demonstrated that a reliable check cannot be made
when these conditions exist.
(9.2) Malfunction Criteria: The EGR system shall be considered mal-
functioning when one or both of the following occurs: (1) any compo-
nents of the system fails to perform within manufacturer specifications,
or (2) the EGR flow rate exceeds the manufacturer's specified low or
high flow limits such that a vehicle would exceed 1.5 times any of the
applicable FTP emission standards.
(9.3) Monitoring Conditions: Manufacturers shall define appropriate
operating conditions for monitoring the EGR system, subject to the limi-
tation that the monitoring conditions shall be encountered at least once
during the first engine start portion of the applicable FTP test. The moni-
toring system shall operate at least once per driving cycle during which
the manufacturer-defined monitoring conditions are met.
(9.4) MIL Illumination and Fault Code Storage: The diagnostic system
shall store a fault code and the MIL shall illuminate no later than the end
of the next driving cycle during which monitoring occurs provided the
malfunction is again present.
(10.0) POSITIVE CRANKCASE VENTILATION (PCV) SYSTEM
MONITORING
(10.1) Requirement: Beginning with the 2002 model year, manufac-
turers shall phase-in diagnostic strategies to monitor the PCV system on
vehicles so-equipped for system integrity. The phase-in percentages
(based on the manufacturer's projected sales volume for all vehicles and
engines subject to this section) shall equal or exceed 30 percent in the
2002 model year, 60 percent in the 2003 model year, with 100 percent
implementation of the 2004 model year. Small volume manufacturers are
not required to meet the phase-in percentages; however, 100 percent im-
plementation of these monitoring requirements shall be required begin-
ning with the 2004 model year. Alternate phase-in percentages that pro-
vide for equivalent emission reduction and timeliness overall in
implementing these requirements shall be accepted.
(10.2) Malfunction Criteria:
(10.2.1) Except as provided below, the PCV system shall be consid-
ered malfunctioning when disconnection occurs between either the
crankcase and the PCV valve, or between the PCV valve and the intake
manifold.
(10.2.2) If the PCV system is designed such that the PCV valve is fas-
tened directly to the crankcase in a manner which makes it significantly
more difficult to remove the valve from the crankcase rather than discon-
nect the line between the valve and the intake manifold (taking aging ef-
fects into consideration), the Executive Officer shall exempt the man-
ufacturer from detection of disconnection between the crankcase and the
PCV valve. Subject to Executive Officer approval, system designs that
utilize tubing between the valve and the crankcase shall also be exempted
from this portion of the monitoring requirement provided the manufac-
turer submits data and/or engineering which adequately demonstrate that
the connections between the valve and the crankcase are resistant to dete-
rioration or accidental disconnection, are significantly more difficult to
disconnect than the line between the valve and the intake manifold, and
are not subject to disconnection per manufacturer's repair procedures for
non-PCV system repair work.
(10.2.3) Manufacturers shall not be required to detect disconnections
between the PCV valve and the intake manifold if said disconnection (1)
causes the vehicle to stall immediately during idle operation; or (2) is un-
likely due to a PCV system design that is integral to the induction system
(e.g., machined passages rather than tubing or hoses).
(10.3) Monitoring Conditions: Manufacturers shall define appropriate
operating conditions for monitoring the PCV system, subject to the limi-
tation that the monitoring conditions shall be encountered at least once
during the first engine start portion of the applicable FTP test. The moni-
toring system shall operate at least once per driving cycle during which
the manufacturer-defined monitoring conditions are met.
(10.4) MIL Illumination and Fault Code Storage: The diagnostic sys-
tem shall tore a fault code and the MIL shall illuminate no later than the
end of the next driving cycle during which monitoring occurs provided
the malfunction is again present. The fault code need not specifically
identify the PCV system (e.g., a fault code for idle speed control or fuel
system monitoring can be stored) if the manufacturer demonstrates that
additional monitoring hardware would be necessary to make this identifi-
cation, and provided the manufacturer' s diagnostic and repair procedures
for the indicated fault include directions to check the integrity of the PCV
system.
(1 1.0) THERMOSTAT MONITORING
(11.1) Requirement: Beginning with the 2000 model year, manufac-
turers shall phase-in diagnostic strategies to monitor the thermostat on
vehicles so-equipped for proper operation. The phase-in percentages
(based on the manufacturer's projected sales volume for all vehicles and
engines) shall equal or exceed 30 percent in the 2000 model year, 60 per-
cent in the 2001 model year, with 100 percent implementation for the
2002 model year. Small volume manufacturers are not required to meet
the phase-in percentages; however, 100 percent implementation of these
monitoring requirements shall be required beginning with the 2002 mod-
el year. Alternate phase-in percentages that provide for equivalent emis-
sion reduction and timeliness overall in implementing these require-
ments shall be accepted.
(1 1.2) Malfunction Criteria: The thermostat shall be considered mal-
functioning if within a manufacturer-specified time interval after start-
ing the engine, (a) the coolant temperature does not reach the highest tem-
perature required by the manufacturer to enable other diagnostics; or (b)
the coolant temperature does not reach a warmed-up temperature within
20 degrees Fahrenheit of the manufacturer's thermostat regulating tem-
•
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Title 13
Air Resources Board
§ 1968.1
perature. Manufacturers shall provide data and/or engineering evalua-
tion to support specified times. Subject to Executive Officer approval,
manufacturers any utilize lower temperatures for criterion (b) above if
they adequately demonstrate that the fuel, spark timing, and/or other
coolant temperature-based modifications to the engine control strategies
would not cause an emission increase of 50 or more percent of any of the
applicable standards (e.g., 50 degree Fahrenheit emission test, etc.). With
Executive Officer approval, manufacturers may omit this monitor pro-
vided the manufacturer adequately demonstrates that a malfunctioning
thermostat cannot cause a measurable increase in emissions during any
reasonable driving condition nor cause any disablement of other moni-
tors.
(11 .3) Monitoring Conditions: Manufacturers shall define appropriate
operating conditions for monitoring the thermostat; however, manufac-
turers may disable monitoring at ambient engine starting temperatures
below 20 degrees Fahrenheit.
(1 1.4) MIL Illumination and Fault Code Storage: The diagnostic sys-
tem shall store a fault code and the MIL shall illuminate no later than the
end of the next driving cycle during which monitoring occurs provided
the malfunction is again present.
(12.0) COMPREHENSIVE COMPONENT MONITORING
(12.1) Requirement: The diagnostic system shall monitor for malfunc-
tion any electronic powertrain component/system not otherwise de-
scribed above which either provides input to (directly or indirectly), or
receives commands from the on-board computer, and which: (1) can af-
fect emissions during any reasonable in-use driving condition, or (2) is
used as part of the diagnostic strategy for any other monitored system or
component.
(12.1.1) Input Components:
(A) The monitoring system shall have the capability of detecting, at a
minimum, lack of circuit continuity and out of range values to ensure
proper operation of the input device. The determination of out of range
values shall include logic evaluation of available information to deter-
mine if a component is operating within its normal range (e.g., a low
throttle position sensor voltage would not be reasonable at a high engine
speed with a high mass airflow sensor reading). To the extent feasible,
said logic evaluation shall be "two-sided" (i.e., verify a sensor output is
not inappropriately high or low).
(B) Input components may include, but are not limited to, the vehicle
speed sensor, crank angle sensor, knock sensor, throttle position sensor,
coolant temperature sensor, cam position sensor, fuel composition sen-
sor (e.g. methanol flexible fuel vehicles), transmission electronic compo-
nents such as sensors, modules, and solenoids which provide signals to
the powertrain control system (see section (b)(12.5)).
(C) The coolant temperature sensor shall be monitored for achieving
a stabilized minimum temperature level which is needed to achieve clo-
sed-loop operation (or for diesel applications, the minimum temperature
needed for warmed-up fuel control to begin) within a manufacturer-spe-
cified time interval after starting the engine. The time interval shall be
a function of starting engine coolant temperature and/or a function of in-
take air temperature and, except as noted below, shall not exceed two
minutes for engine start temperatures at or above 50 degrees Fahrenheit
and five minutes for engine start temperatures at or above 20 degrees and
below 50 degrees Fahrenheit. Manufacturers may suspend or delay the
diagnostic if the vehicle is subjected to conditions which could lead to
false diagnosis (e.g., vehicle operation at idle for more than 50 to 75 per-
cent of the warm-up time). Manufacturers shall provide data to support
specified times. The Executive Officer shall allow longer time intervals
provided a manufacturer submits data and/or an engineering evaluation
which adequately demonstrate that the vehicle requires a longer time to
warm up under normal conditions. The Executive Officer shall allow dis-
ablement of this check under extremely low ambient temperature condi-
tions (below 20 degrees Fahrenheit) provided a manufacturer submits
data and/or an engineering evaluation which adequately demonstrate
non-attainment of a stabilized minimum temperature.
(12.1.2) Output Components:
(A) The diagnostic system shall monitor output components for proper
functional response to computer commands.
(B) Components for which functional monitoring is not feasible shall
be monitored, at a minimum, for proper circuit continuity and out of
range values, if applicable.
(C) Output components may include, but are not limited to, the auto-
matic idle speed motor, emission-related electronic only transmission
controls, heated fuel preparation systems, the wait-to-start lamp on die-
sel applications, and a warmup catalyst bypass valve (see section
(b)(12.5)).
(12.2) Malfunction Criteria:
(12.2.1) Input Components: Input components/systems shall be con-
sidered malfunctioning when, at a minimum, lack of circuit continuity or
manufacturer-specified out-of-range values occur.
(12.2.2) Output Components:
(A) Output components/systems shall be considered malfunctioning
when a proper functional response to computer commands does not oc-
cur. Should a functional check for malfunction not be feasible, then an
output component/system shall be considered malfunctioning when, at
a minimum, lack of circuit continuity or manufacturer-specified out-of-
range values occur.
(B) The idle speed control motor/valve shall be monitored for proper
functional response to computer commands. For strategies based on de-
viation from target idle speed, a fault shall be indicated when the idle
speed control system cannot achieve the target idle speed within a man-
ufacturer specified time and engine speed tolerance. In general, the en-
gine speed tolerances shall not exceed 200 revolutions per minute (rpm)
above the target speed or 100 rpm below the target speed. The Executive
Officer shall allow larger engine speed tolerances provided a manufac-
turer submits data and/or an engineering evaluation which adequately
demonstrates that the tolerances can be exceeded without a malfunction
present.
(C) Glow plugs shall be monitored for proper functional response to
computer commands. The glow plug circuit(s) shall be monitored for
proper current and voltage drop. The Executive Officer shall approve
other monitoring strategies based on manufacturer's data and/or engi-
neering analysis demonstrating equally reliable and timely indication of
malfunctions. Manufacturers shall indicate a malfunction when a single
glow plug no longer operates within the manufacturer's specified limits
for normal operation. If a manufacturer demonstrates that a single glow
plug failure cannot cause a measurable increase in emissions during any
reasonable driving condition, the manufacturer shall indicate a malfunc-
tion for the minimum number of glow plugs needed to cause an emission
increase. Further, to the extent feasible (without adding additional hard-
ware for this purpose), the stored fault code shall identify the specific
malfunctioning glow plug(s).
(12.3) Monitoring Conditions:
(12.3.1) Input Components: Input components shall be monitored
continuously for proper range of values and circuit continuity. For ratio-
nality monitoring (where applicable), manufacturers shall define appro-
priate operating conditions during which monitoring shall occur, subject
to the limitation that the monitoring conditions shall be encountered at
least once during the first engine start portion of the applicable FTP test.
Rationality monitoring shall occur at least once per driving cycle during
which the manufacturer-defined monitoring conditions are met.
(12.3.2) Output Components: Monitoring for circuit continuity and
proper range of values (if applicable) shall be conducted continuously.
For functional monitoring, manufacturers shall define appropriate oper-
ating conditions during which monitoring shall occur, subject to the limi-
tation that the monitoring conditions shall be encountered at least once
during the first engine start portion of the applicable FTP test. However,
functional monitoring may be conducted during non-FTP driving condi-
tions, subject to Executive Officer approval, if the manufacturer provides
data and/or an engineering evaluation which adequately demonstrate that
the component does not normally function, or monitoring is otherwise
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not feasible, during applicable FTP test driving conditions. Functional
monitoring shall occur at least once per driving cycle during which the
manufacturer-defined monitoring conditions are met.
(12.4) MIL Illumination and Fault Code Storage:
(12.4.1) Upon detecting a malfunction, the diagnostic system shall
store a fault code no later than the end of the next driving cycle during
which monitoring occurs provided the malfunction is again detected.
(1 2.4.2) In conjunction with storing a fault code, manufacturers shall
illuminate the MIL for malfunctions of components/systems for which
either of the following occurs: 1) When malfunctioning, the component
or system could cause vehicle emissions to increase by 15 percent or
more of the FTP standard, or 2) The component/system is used as part of
the diagnostic strategy for any other monitored system or component.
(12.5) Component Determination: The manufacturer shall determine
whether a powertrain input or output component not otherwise covered
can affect emissions. If the Executive Officer reasonably believes that a
manufacturer has incorrectly determined that a component cannot affect
emissions, the Executive Officer shall require the manufacturer to pro-
vide emission data showing that such a component, when faulty and in- .
stalled in a suitable test vehicle, does not have an emission effect. Emis-
sion data may be requested for any reasonable driving condition.
(c) ADDITIONAL MIL ILLUMINATION AND FAULT CODE
STORAGE PROTOCOL
(1.0) MIL ILLUMINATION For all emission-related components/
systems, upon final determination of malfunction, the MIL shall remain
continuously illuminated (except that it shall blink as indicated previous-
ly for misfire detection). If any malfunctions are identified in addition to
misfire, the misfire condition shall take precedence, and the MIL shall
blink accordingly. The diagnostic system shall store a fault code for MIL
illumination whenever the MIL is illuminated. The diagnostic system
shall illuminate the MIL and shall store a code whenever the powertrain
enters a default or "limp home" mode of operation. The diagnostic sys-
tem shall illuminate the MIL and shall store a code whenever the engine
control system fails to enter closed-loop operation (if employed) within
a manufacturer specified minimum time interval.
(2.0) EXTINGUISHING THE MIL
(2.1) Misfire and Fuel System Malfunctions: For misfire or fuel sys-
tem malfunction, the MIL may be extinguished if the fault does not recur
when monitored during three subsequent sequential driving cycles in
which conditions are similar to those under which the malfunction was
first determined (see sections (b)(3.4.3) and (b)(7.4.3)).
(2.2) All Other Malfunctions: Except as noted in section (b)(6.4), for
all other faults, the MIL may be extinguished after three subsequent se-
quential driving cycles during which the monitoring system responsible
for illuminating the MIL functions without detecting the malfunction and
if no other malfunction has been identified that would independently illu-
minate the MIL according to the requirements outlined above.
(3.0) ERASING A FAULT CODE The diagnostic system may erase
a fault code if the same fault is not re-registered in at least 40 engine
warm-up cycles, and the MIL is not illuminated for that fault code.
(d) TAMPERING PROTECTION Computer-coded engine operating
parameters shall not be changeable without the use of specialized tools
and procedures (e.g. soldered or potted computer components or sealed
(or soldered) computer enclosures). Subject to Executive Officer approv-
al manufacturers may exempt from this requirement those precut lines
which are unlikely to require protection. Criteria to be evaluated in mak-
ing an exemption include, but are not limited to, current availability of
performance chips, high performance capability of the vehicle, and sales
volume.
(e) READINESS/FUNCTION CODE The on-board computer shall
store a code upon first completing a full diagnostic check (i.e., the mini-
mum number of checks necessary for MIL illumination) of all monitored
components and systems (except as noted below) since the computer
memory was last cleared (i.e., through the use of a scan tool or battery
disconnect). The code shall be stored in the format specified by SAE
J1979 or SAE J1939, whichever applies. Both documents are incorpo-
rated by reference in sections (k)(2.0) and (k)(5.0). The diagnostic sys-
tem check for comprehensive component monitoring and continuous
monitoring of misfire and fuel system faults shall be considered complete
for purposes of determining the readiness indication if malfunctions are
not detected in those areas by the time all other diagnostic system checks
are complete. Subject to Executive Officer approval, if monitoring is dis-
abled for a multiple number of driving cycles due to the continued pres-
ence of extreme operating conditions (e.g., cold ambient temperatures,
high altitudes, etc.), readiness for the subject monitoring system may be
set without monitoring having been completed. Executive Officer ap-
proval shall be based on the conditions for monitoring system disable-
ment and the number of driving cycles specified without completion of
monitoring before readiness is indicated. For evaporative system moni-
toring, the readiness indication shall be set when a full diagnostic check
has been completed with respect to the 0.040 inch orifice malfunction cri-
teria if the monitoring conditions are constrained with respect to detec-
tion of a 0.020 inch leak (see sections (b)(4.2.2) and (4.3).
(f) STORED ENGINE CONDITIONS Upon detection of the first mal-
function of any component or system, "freeze frame" engine conditions
present at the time shall be stored in computer memory. Should a subse-
quent fuel system or misfire malfunction occur, any previously stored
freeze frame conditions shall be replaced by the fuel system or misfire
conditions (whichever occurs first). Stored engine conditions shall in-
clude, but are not limited to, calculated load value, engine RPM, fuel trim
value(s) (if available), fuel pressure (if available), vehicle speed (if avail-
able), coolant temperature, intake manifold pressure (if available),
closed- or open-loop operation (if available), and the fault code which
caused the data to be stored. The manufacturer shall choose the most ap-
propriate set of conditions facilitating effective repairs for freeze frame
storage. Only one frame of data is required. Manufacturers may at their
discretion choose to store additional frames provided that at least the re-
quired frame can be read by a generic scan tool meeting Society of Auto-
motive Engineers (SAE) specifications established in SAE Recom-
mended Practices on "OBD II Scan Tool" (J 1978), June, 1994, and "E/E
Diagnostic Test Modes" (J 1979), June, 1994, which are incorporated by
reference herein. If approval is granted to use the SAE J 1939 communi-
cation protocol according to section (k)(5.0), the data shall be accessible
using a scan tool meeting the J 1939 specifications. If the fault code caus-
ing the conditions to be stored is erased in accordance with section
(c)(3.0), the stored engine conditions may be cleared as well.
(g) MONITORING SYSTEM DEMONSTRATION REQUIRE-
MENTS
(1.0) REQUIREMENT Each year a manufacturer shall provide emis-
sion test data obtained from a certification durability vehicle for one en-
gine family that has not been used previously for purposes of this section.
If a manufacturer does not have a certification durability vehicle avail-
able which is suitable for the engine family designated for testing, the Ex-
ecutive Officer shall permit a manufacturer to satisfy this requirement
with data from a representative high mileage vehicle or vehicles (or a rep-
resentative high operating- hour engine or engines) acceptable to the Ex-
ecutive Officer to demonstrate that malfunction criteria are based on
emission performance. The Air Resources Board (ARB) shall determine
the engine family to be demonstrated. Each manufacturer shall notify the
Executive Officer prior to applying for certification of the engine fami-
lies planned for a particular model year in order to allow selection of the
engine family to be demonstrated. Demonstration tests shall be con-
ducted on the certification durability vehicle or engine at the end of the
required mileage or operating-hour accumulation. For non-LEVs, until
a NOx standard applicable for more than 50,000 miles is established in
California, the federal 50,000 to 100,000 mile NOx standard shall be
used for demonstration purposes.
(1.1) Flexible fuel vehicles shall perform each demonstration test us-
ing 85 percent methanol and 15 percent gasoline, and gasoline only. For
vehicles capable of operating on other fuel combinations, the manufac-
turer shall submit a plan for performing demonstration testing for ap-
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Title 13
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§ 1968.1
•
proval by the Executive Officer on the basis of providing accurate and
timely evaluation of the monitored systems.
(2.0) APPLICABILITY: The manufacturer shall perform single- fault
testing based on the applicable FTP test cycle with the following compo-
nents/systems at their malfunction criteria limits as determined by the
manufacturer.
(2.1) Oxygen Sensors. The manufacturer shall conduct the following
demonstration tests: The first test involves testing all primary and sec-
ondary (if equipped) oxygen sensors used for fuel control simultaneously
possessing normal output voltage but response rate deteriorated to the
malfunction criteria limit (secondary oxygen sensors for which response
rate is not monitored shall be normal response characteristics). The sec-
ond test shall include testing with all primary and secondary (if equipped)
oxygen sensors used for fuel control simultaneously possessing output
voltage at the malfunction criteria limit. Manufacturers shall also con-
duct a malfunction criteria demonstration test for any other oxygen sen-
sor parameter that can cause vehicle emissions to exceed 1.5 times the
applicable standards (e.g., shift in air/fuel ratio at which oxygen sensor
switches). When performing additional test(s), all primary and second-
ary (if equipped) oxygen sensors used for fuel control shall be operating
at the malfunction criteria limit for the applicable parameter only. All
other primary and secondary oxygen sensor parameters shall be with nor-
mal characteristics.
(2.2) EGR System: The manufacturer shall conduct at least one flow
rate demonstration test at the low flow limit.
(2.3) Fuel Metering System:
(2.3.1) For vehicles with short-term or long-term fuel trim circuitry,
the manufacturer shall conduct one demonstration test at the border of the
rich limit and one demonstration test at the border of the lean limit estab-
lished by the manufacturer for emission compliance.
(2. 3. 2) For other systems, the manufacturer shall conduct a demonstra-
tion test at the criteria limit(s).
(2.3.3) For purposes of the demonstration, the fault(s) induced may re-
sult in a uniform distribution of fuel and air among the cylinders. Non-
uniform distribution of fuel and air used to induce a fault shall not cause
an indication of misfire. The manufacturer shall describe the fault(s) in-
duced in the fuel system causing it to operate at the criteria limit(s) for
the demonstration test (e.g., restricted or increased flow fuel injectors,
and altered output signal airflow meter etc.. Computer modifications to
cause the fuel system to operate at the adaptive limit for malfunction shall
be allowed for the demonstration tests if the manufacturer demonstrates
that the computer modification produces equivalent test results.
(2.4) Misfire: The manufacturer shall conduct one FTP demonstration
test at the criteria limit specified in (b)(3.2)(B) for malfunction. This
demonstration is not required for diesel applications.
(2.5) Secondary Air System: The manufacturer shall conduct a flow
rate demonstration test at the low flow limit, unless only a functional
check is permitted according to section (b)(5.2.2).
(2.6) Catalyst Efficiency:
(2.6.1) Non-Low Emission Vehicles: The manufacturer shall conduct
a baseline FTP test with a representative 4000 mile catalyst system fol-
lowed by one FTP demonstration test using a catalyst system deteriorated
to its malfunction limit. If a manufacturer is employing a steady state cat-
alyst efficiency check in accordance with section (b)( 1.2.4), demonstra-
tion of the catalyst monitoring system is not required.
(2.6.2) Low Emission Vehicles: The manufacturer shall conduct a cat-
alyst efficiency demonstration using a catalyst system deteriorated to the
malfunction criteria.
(2.7) Heated Catalyst Systems: The manufacturer shall conduct a dem-
onstration test where the designated heating temperature is reached at the
time limit for malfunction after engine starting.
(2.8) Manufacturers may electronically simulate deteriorated compo-
nents, but may not make any vehicle control unit modifications (unless
otherwise excepted above) when performing demonstration tests. All
equipment necessary to duplicate the demonstration test must be made
available to the ARB upon request.
(3.0) PRECONDITIONING The manufacturer shall use the first en-
gine start portion of one applicable FTP cycle (or Unified Cycle, if ap-
proved) for preconditioning before each of the above emission tests. If
a manufacturer provides data and/or an engineering evaluation which ad-
equately demonstrate that additional preconditioning is necessary to sta-
bilize the emission control system, the Executive Officer shall allow an
additional identical preconditioning cycle, or a Federal Highway Fuel
Economy Driving Cycle, following a ten-minute (or 20 minutes for me-
dium duty engines certified on an engine dynamometer) hot soak after
the initial preconditioning cycle. The manufacturer shall not require the
demonstration vehicle to be cold soaked prior to conducting precondi-
tioning cycles in order for the monitoring system demonstration to be
successful.
(4.0) EVALUATION PROTOCOL
(4.1) The manufacturer shall set the system or component for which
detection is to be demonstrated at the criteria limit(s) prior to conducting
the applicable preconditioning cycle(s). (For misfire demonstration, mis-
fire shall be set at its criteria limit as specified pursuant to section
(b)(3.2)(B)). If a second preconditioning cycle is permitted in accordance
with section (3.0) above, the manufacturer may adjust the demonstrated
system or component before conducting the second preconditioning
cycle; however, the demonstrated system or component shall not be re-
placed, modified or adjusted after preconditioning has taken place.
(4.2) After preconditioning, the vehicle shall be operated over the first
engine start portion of the applicable FTP test (or Unified Cycle, if ap-
proved) to allow for the initial detection of the malfunction. This driving
cycle may be omitted from the evaluation protocol if it is unnecessary.
If required by the demonstrated monitoring strategy, a cold soak may be
performed prior to conducting this driving cycle.
(4.3) The vehicle shall then be operated over a full applicable FTP test.
If monitoring during the Unified Cycle is approved, a second Unified
Cycle may be conducted prior to the FTP test.
(4.4) For all demonstrations, the MIL shall be illuminated before the
hot start portion of the full FTP test (or before the hot start portion of the
last Unified Cycle, if applicable) in accordance with requirements of sub-
section (b):
(4.4. 1 ) If the MIL does not illuminate when the systems or components
are set at their limit(s), the criteria limit or the OBD system is not accept-
able.
(4.4.2) Except for catalyst efficiency demonstration, if the MIL illumi-
nates and emissions do not exceed 1 .5 times any of the applicable FTP
emission standards, no further demonstration shall be required.
(4.4.3) Except for catalyst efficiency demonstration, if the MIL illumi-
nates and emissions exceed 1.5 times any of the applicable FTP emission
standards, the vehicle shall be retested with the component' s malfunction
criteria limit value reset such that vehicle emissions are reduced by no
more than 30 percent. Limit value at a minimum includes, in the case of
oxygen sensors, response rate and voltage; for EGR systems, EGR flow
rate; for secondary air systems, air flow rate; for short-term fuel trim-on-
ly systems, time interval at the fuel system range of authority limit; for
long-term fuel trim systems, shift in the base fuel calibration; for heated
catalyst systems, the time limit between engine starting and attaining the
designated heating temperature (if an after-start heating strategy is
used); and for misfire, percent misfire. For the OBD system to be ap-
proved, the vehicle must then meet the above emission levels when tested
with the faulty components. The MIL shall not illuminate during this
demonstration.
(4.4.4) For Non-LEV catalyst efficiency demonstration, if HC emis-
sions do not increase by more than 1.5 times the standard from the base-
line FTP test and the MIL is illuminated, no further demonstration shall
be required. However, if HC emissions increase by more than 1.5 times
the standard from the baseline FTP test and the MIL is illuminated, the
vehicle shall be retested with the average FTP HC conversion capability
of the catalyst system increased by no more than 10 percent (i.e., 10 per-
cent more engine out hydrocarbons are converted). For the OBD system
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BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
to be approved, the vehicle must then meet the above emission levels
when re-tested. The MIL shall not illuminate during this demonstration.
(4.4.5) For Low Emission Vehicle catalyst efficiency demonstration,
if HC emissions do not exceed the applicable emission threshold speci-
fied in section (b)(l .2.2) and the MIL is illuminated, no further demon-
stration shall be required. However, if HC emissions exceed the thresh-
old and the MIL is illuminated, the vehicle shall be retested with average
FTP HC conversion capability of the catalyst system increased by no
more than 5 percent (i.e., 5 percent more engine out hydrocarbons are
converted). For the OBD IF system to be approved, the vehicle must then
meet the above emission levels when re-tested. The MFL shall not illumi-
nate during this demonstration.
(4.5) If an OBD system is determined unacceptable by the above crite-
ria, the manufacturer may re-calibrate and re-test the system on the same
vehicle. Any affected monitoring systems demonstrated prior to the re-
calibration shall be re-verified.
(4.6) The Executive Officer may approve other demonstration proto-
cols if the manufacturer can adequately show comparable assurance that
the malfunction criteria are chosen based on meeting emission require-
ments and that the timeliness of malfunction detections are within the
constraints of the applicable monitoring requirements.
(h) CERTIFICATION DOCUMENTATION: The manufacturer shall
submit the following documentation for each engine family at the time
of certification. With Executive Officer approval, one or more of the doc-
umentation requirements specified in this section may be waived or al-
tered if the information required would be redundant or unnecessarily
burdensome to generate:
(1) A written description of the functional operation of the diagnostic
system to be included in section 8 of manufacturers' certification appli-
cation.
(2) A table providing the following information for each monitored
component or system (either computer-sensed or -controlled) of the
emission control system:
(A) corresponding fault code
(B) monitoring method or procedure for malfunction detection
(C) primary malfunction detection parameter and its type of output
signal
(D) fault criteria limits used to evaluate output signal of primary pa-
rameter
(E) other monitored secondary parameters and conditions (in engi-
neering units) necessary for malfunction detection
(F) monitoring time length and frequency of checks
(G) criteria for storing fault code
(H) criteria for illuminating malfunction indicator light
(I) criteria used for determining out of range values and input compo-
nent rationality checks.
(3) A logic flowchart describing the general method of detecting mal-
functions for each monitored emission-related component or system. To
the extent possible, abbreviations in Society of Automotive Engineers'
(SAE) J1930 ''Electrical/Electronic Systems Diagnostic Terms, Defini-
tions, Abbreviations, and Acronyms", September, 1995, shall be used.
J 1930 is incorporated by reference herein. The information required in
the chart under (2) above may instead be included in this flow chart, pro-
vided all of the information required in (2) is included.
(4) A listing and block diagram of the input parameters used to calcu-
late or determine calculated load values and the input parameters used to
calculate or determine fuel trim values.
(5) A scale drawing of the MIL and the fuel cap indicator light, if pres-
ent, which specifies location in the instrument panel, wording, color, and
intensity.
(6) Emission test data specified in subsection (g).
(7) Data supporting the selected degree of misfire which can be toler-
ated without damaging the catalyst. For vehicles designed to meet the ex-
panded misfire monitoring conditions (section (b)(3.3.2) or (b)(3.3.3)),
representative data demonstrating the capability of the misfire monitor-
ing system (i.e., probability of detection of misfire events) to detect mis-
fire over the full engine speed and load operating range for selected mis-
fire patterns (i.e., random cylinders, one cylinder out, paired cylinders
out).
(8) Data supporting the limit for the time between engine starting and
attaining the designated heating temperature for after-start heated cata-
lyst systems.
(9) For Low Emission Vehicles, data supporting the criteria used to in-
dicate a malfunction when catalyst deterioration causes emissions to ex-
ceed the applicable threshold specified in section (b)(1.2.2).
(10) For Non-Low Emission Vehicles, data supporting the criteria
used to indicate a malfunction when catalyst deterioration leads to a 1.5
times the standard increase in HC emissions. If a steady state catalyst effi-
ciency check is employed in accordance with section (b)(l .2.4), data sup-
porting the criteria used by the diagnostic system for establishing a 60 to
80 percent catalyst efficiency level shall be provided instead.
(1 1) Data supporting the criteria used to detect evaporative purge sys-
tem leaks.
(12) A description of the modified or deteriorated components used for
fault simulation with respect to the demonstration tests specified in sec-
tion (g).
(13) A listing of all electronic powertrain input and output signals.
( J 4) Any other information determined by the Executive Officer to be
necessary to demonstrate compliance with the requirements of this sec-
tion.
(i) IN-USE REAL TESTING PROTOCOL The manufacturer shall
adhere to the following procedures for vehicles subject to in-use recall
testing required by the ARB:
(1) If the MIL illuminates during a test cycle or during a precondition-
ing cycle, the fault causing the illumination may be identified and re-
paired following published procedures readily available to the public in-
cluding the independent service sector.
(2) The test may be rerun, and the results from the repaired vehicle may
be used for emission reporting purposes.
(3) If a vehicle contains a part which is operating outside of design
specifications with no MIL illumination, the part shall not be replaced
prior to emission testing unless it is determined that the part has been tam-
pered with or abused in such a way that the diagnostic system cannot rea-
sonably be expected to detect the resulting malfunction.
(4) Failure of a vehicle, or vehicles on average, to meet applicable
emission standards with no illumination of the MIL shall not by itself be
grounds for requiring the OBD system to be recalled for recalibration or
repair since the OBD system cannot predict precisely when vehicles ex-
ceed emission standards.
(5) A decision to recall the OBD system for recalibration or repair will
depend on factors including, but not limited to, level of emissions above
applicable standards, presence of identifiable faulty or deteriorated com-
ponents which affect emissions with no MIL illumination, and systematic
erroneous activation of the MIL. With respect to erroneous activation of
the MIL, the manufacturer may request Executive Officer approval to
take action apart from a formal recall (e.g., extended warranty or a service
campaign) to correct the performance of the diagnostic strategy on in-use
vehicles. In considering a manufacturer's request, the Executive Officer
shall consider the estimated frequency of false MIL activation in-use,
and the expected effectiveness in relation to a formal recall of the man-
ufacturer's proposed corrective action in capturing vehicles in the field.
For 1994 through 1997 model years, on-board diagnostic systems recall
shall not be considered for excessive emissions without MIL illumination
(if required) and fault code storage until emissions exceed 2.0 times any
of the applicable standards in those instances where the malfunction cri-
terion is based on exceeding 1.5 times (or 1.75 times for LEV catalyst
monitoring) any of the applicable standards. This higher emission thresh-
old for recall shall extend through the 1998 model year for TLEV applica-
tions (except for catalyst monitoring, for which the threshold shall extend
through the 2003 model year), and through the 2003 model year for all
applicable monitoring requirements on LEV and ULEV applications.
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§ 1968.1
(6) Regarding catalyst system monitoring, unmonitored catalysts shall
be normally aged.
(j) CONFIRMATORY TESTING The ARB may perform confirmato-
ry testing of manufacturer's diagnostic systems for compliance with re-
quirements of this section in accordance with malfunction criteria sub-
mitted in the manufacturer's approved certification documentation. The
ARB or its designee may install appropriately deteriorated normal func-
tioning components in an otherwise properly functioning test vehicle of
an engine family represented by the demonstration test vehicle(s) (or
simulate a deteriorated or malfunctioning component response) in order
to test the fuel system, misfire detection system, oxygen sensor, second-
ary air system, catalyst efficiency monitoring system, heated catalyst
system, and EGR system malfunction criteria for compliance with the
applicable emission constraints in this section. Confirmatory testing to
verify that malfunction criteria are set for compliance with emission re-
quirements of this section shall be limited to vehicles in engine families
derived from the demonstration vehicle(s). Diagnostic systems of a rep-
resentative sample of vehicles which uniformly fail to met the require-
ments of this section may be recalled for correction.
(k) STANDARDIZATION Standardized access to emission-related
fault codes, emission-related powertrain test information (i.e., parameter
values) as outlined in subsection (1), emission related diagnostic proce-
dures, and stored freeze frame data shall be incorporated based on the in-
dustry specifications referenced in this regulation.
(1.0) Either SAE Recommended Practice J1850, "Class B Data Com-
munication Network Interface", July, 1995, or International Standards
Organization (ISO) 9141-2, "Road vehicles - Diagnostic Systems -
CARB Requirements for Interchange of Digital Information," February,
1994, or ISO 14230-4, "Road vehicles - Diagnostic systems - KWP
2000 requirements for Emission-related systems," April, 1996, which
are incorporated by reference, shall be used as the on-board to off-board
network communications protocol. All SAE J 1 979 emission related mes-
sages sent to the J 1978 scan tool over a J 1850 data link shall use the Cy-
clic Redundancy Check and the three byte header, and shall not use inter-
byte separation or checksums.
(2.0) J1978 & J1979 Standardization of the message content (includ-
ing test modes and test messages) as well as standardization of the down-
loading protocol for fault codes, parameter values and their units, and
freeze frame data are set forth in SAE Recommended Practices on "OBD
II Scan Tool" (J 1978), June, 1994, and "E/E Diagnostic Test Modes"
(J1979), July, 1996, which have been incorporated by reference. Fault
codes, parameter values, and freeze frame data shall be capable of being
downloaded to a generic scan tool meeting these SAE specifications.
(2.1) Manufacturers shall make readily available at a fair and reason-
able price to the automotive repair industry vehicle repair procedures
which allow effective emission related diagnosis and repairs to be per-
formed using only the J 1978 generic scan tool and commonly available,
non-microprocessor based tools. As an alternative to publishing repair
procedures using only the J 1978 generic scan tool, manufacturers may
make available manufacturer-specific commands needed to perform the
same emission-related diagnosis and repair procedures (excluding any
reprogramming) in a comparable manner as the manufacturer-specific
diagnostic scan tool. In addition to these procedures, manufacturers may
publish repair procedures referencing the use of manufacturer specific or
enhanced equipment. Vehicle manufacturers shall provide for same day
availability (e.g., via facsimile transmission) at a fair and reasonable cost
of emission-related technical service bulletins less than 20 pages in
length.
(2.2) The J1978 scan tool shall be capable of notifying the user when
one or more of the required monitoring systems are not included as part
of the OBD system.
(3.0) J2012 Part C Uniform fault codes based on SAE specifications
shall be employed. SAE "Recommended Format and Messages for Diag-
nostic Trouble Codes" (J2012), October, 1994, is incorporated by refer-
ence.
(4.0) J1962 A standard data link connector in a standard location in
each vehicle based on SAE specifications shall be incorporated. The lo-
cation of the connector shall be easily identified by a technician entering
the vehicle from the driver's side. Any pins in the standard connectorthat
provide any electrical power shall be properly fused to protect the integri-
ty and usefulness of the diagnostic connector for diagnostic purposes.
The SAE Recommended Practice "Diagnostic Connector" (J 1962), Jan-
uary, 1995, is incorporated by reference.
(5.0) With Executive Officer approval, medium-duty vehicles may al-
ternatively employ the communication protocols established in Draft
SAE Recommended Practice J 1939, "Serial Control and Communica-
tions Network", April 1994, to satisfy the standardization requirements
specified in sections (k)(l) through (k)(4) above. The Executive Offi-
cer's decision shall be based on the effectiveness of the SAE J 1 939 proto-
col in satisfying the diagnostic information requirements of Section
1968.1 in comparison with the above referenced documents.
(6.0) J2008 Beginning January 1, 2002, manufacturers shall make
available at a fair and reasonable price, all 2002 and newer model year
vehicle emission-related diagnosis and repair information provided to
the manufacturer's franchised dealers (e.g., service manuals, technical
service bulletins, etc.) in the electronic format specified in SAE J2008
Draft Technical Report, "Recommended Organization of Service Infor-
mation", November, 1995. The information shall be made available
within 30 days of its availability to franchised dealers. Small volume
manufacturers shall be exempted indefinitely from the J 2008 formatting
requirement.
(/) SIGNAL ACCESS
(1.0) The following signals in addition to the required freeze frame in-
formation shall be made available on demand through the serial port on
the standardized data link connector: calculated load value, diagnostic
trouble codes, engine coolant temperature, fuel control system status
(open loop, closed loop, other; if equipped with closed loop fuel control),
fuel trim (if equipped), fuel pressure (if available), ignition timing ad-
vance (if equipped), intake air temperature (if equipped), manifold air
pressure (if equipped), air flow rate from mass air flow meter (if
equipped), engine RPM, throttle position sensor output value (if
equipped), secondary air status (upstream, downstream, or atmospheric;
if equipped), and vehicle speed (if equipped). The signals shall be pro-
vided in standard units based on the SAE specifications incorporated by
reference in this regulation, and actual signals shall be clearly identified
separately from default value or limp home signals. Additionally, begin-
ning with a phase-in of 30 percent in the 2000 model year, 60 percent in
the 2001 model year, and with full implementation by the 2002 model
year, the software calibration identification number shall be made avail-
able through the serial port on the standardized data link connector. The
phase-in percentages shall be based on the manufacturer's projected
sales volume for all vehicles and engines. Small volume manufacturers
shall not be required to meet the phase-in percentages; however, such
manufacturers shall achieve 100 percent compliance by the 2002 model
year. The software calibration identification number shall be provided in
a standardized format. Alternate phase-in percentages that provide for
equivalent timeliness overall in implementing these requirements shall
be accepted.
(2.0) The manufacturer shall publish in factory service manuals a nor-
mal range for the calculated load value and mass air flow rate (if avail-
able) at idle, and at 2500 RPM (no load, in neutral or park). If 2500 RPM
is outside of the operating range of the engine, the corresponding data
may be omitted. If the total fuel command, trim is made up by more than
one source (e.g. short-term trim and long-term trim), all fuel trim signals
shall be available. The signals shall be provided in standard units based
on the incorporated SAE specifications, and actual signals shall be clear-
ly identified separately from default value or limp home signals. Diesel
vehicles shall be exempt from this requirement.
(3.0) Oxygen sensor data (including current oxygen sensor output
voltages) that will allow diagnosis of malfunctioning oxygen sensors
shall be provided through serial data port on the standardized data link.
In addition, beginning with the 1996 model year (with full compliance
required by the 1997 model year), for all monitored components and sys-
tems, except misfire detection, fuel system monitoring, and comprehen-
sive component monitoring, results of the most recent test performed by
Page 236.17
Register 99, No. 44; 10-29-99
§ 1968.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
the vehicle, and the limits to which the system is compared shall be avail-
able through the data link. For the monitored components and systems
excepted above, a pass/fail indication for the most recent test results shall
be available through the data link. Such data shall be transmitted in accor-
dance with SAE J1979(or SAE J 1939, whichever applies). Manufactur-
ers shall report the test results such that properly functioning systems do
not indicate a failure (e.g., a test value which is outside of the test limits).
Alternative methods shall be approved by the Executive Officer if, in the
judgment of the Executive Officer, they provide for equivalent off-board
evaluation.
(4.0) Beginning with a phase-in of 30 percent in the 2000 model year,
60 percent in the 2001 model year, and with full implementation by the
2002 model year, manufacturers shall provide for verification of the on-
board computer software integrity in electronically reprogrammable
control units through the standardized vehicle data connector in a stan-
dardized format to be adopted by SAE. The phase-in percentages shall
be based on the manufacturer's projected sales volume for all vehicles
and engines. Small volume manufacturers shall not be required to meet
the phase-in percentages; however, such manufacturers shall achieve
100 percent compliance by the 2002 model year. Such verification shall
be capable of being used to determine if the emission-related software
and/or calibration data are valid and applicable for that vehicle. Alternate
phase-in percentages that provide for equivalent timeliness overall in
implementing these requirements shall be accepted.
(m) IMPLEMENTATION SCHEDULE
(1 .0) These OBD 11 requirements, unless otherwise specified, shall be
implemented beginning with the 1994 model year.
(2.0) The Executive Officer shall grant an extension for compliance
with the requirements of these subsections with respect to a specific ve-
hicle model or engine family if the vehicle model or engine family meets
previously applicable on-board diagnostic system requirements and a
manufacturer demonstrates that it cannot modify a present electronic
control system by the 1994 model-year because major design system
changes not consistent with the manufacturer's projected changeover
schedule should be needed to comply with provisions of these subsec-
tions.
(2. 1) The manufacturer which has received an extension from the Ex-
ecutive Officer shall comply with these regulations when modification
of the electronic system occurs in accordance with the manufacturer's
projected changeover schedule or in the 1996 model year, whichever first
occurs.
(2.2) Any manufacturer requesting an extension shall, no later than
October 15, 1991 , submit to the Executive Officer an application specify-
ing the period for which the extension is required.
(3.0) Small volume manufacturers as defined in (n)(13.0) shall meet
these requirements by the 1996 model year.
(4.0) Manufacturers may at their discretion implement a portion of
these regulations prior to the required implementation date provided that
the system complies with previously applicable on-board diagnostic sys-
tem requirements.
(5.0) Diesel vehicles shall meet these requirements by the 1996 model
year. Manufacturers may request a delay in the implementation of these
requirements for diesel vehicles until 1997, subject to Executive Officer
approval, if it is adequately demonstrated that the delay will allow for the
development of significantly more effective monitoring systems.
(5.1) Vehicles and engines certified to run on alternate fuels shall meet
these requirements by the 1996 model year. However, manufacturers
may request the Executive Officer to waive specific monitoring require-
ments for which monitoring may not be reliable with respect to the use
of alternate fuels until the 2005 model year.
(5.2) Medium-duty vehicles with engines certified on an engine dyna-
mometer may comply with these requirements on an engine model year
certification basis rather than on a vehicle model basis.
(6.0) The Executive Officer may waive one or more of the require-
ments of these subsections with respect to a specific vehicle or engine
family for which production commences prior to April 1, 1994, and
which is not otherwise exempted from compliance in accordance with
sections (2.0) and (2. 1) above. In granting a waiver, the Executive Officer
shall consider the following factors: the extent to which these require-
ments are satisfied overall on the vehicle applications in question, the ex-
tent to which the resultant diagnostic system design will be more effec-
tive than systems developed according to section 1968, Title 13, and a
demonstrated good-faith effort to meet these requirements in full by eva-
luating and considering the best available monitoring technology.
(6.1) For 1995 and 1996 model year vehicles for which production is
to commence subsequent to March 31,1 994, and which are not exempted
from compliance in accordance with section (2.0) and (2.1) above, the
Executive Officer, upon receipt of an application from the manufacturer,
may certify the vehicles in questions even though said vehicles may not
comply with one or more of the requirements of these subsections. Such
certification is contingent upon the manufacturer meeting the criteria set
forth in section (6.0) above. Manufacturers of non-complying systems
shall be subject to fines pursuant to section 43016 of the California
Health and Safety Code for each deficiency identified, after the second,
in a vehicle model. For the third deficiency and every deficiency thereaf-
ter identified in a vehicle model, the fines shall be in the amount of $50
per deficiency per vehicle for non-compliance with any of the monitor-
ing requirements specified in subsections (b)(1) through (b)(l 1), and $25
per deficiency per vehicle for non-compliance with any other require-
ment of section 1968.1. In determining the identified order of deficien-
cies, deficiencies of subsections (b)(1) through (b)(l 1) shall be identified
first. Total fines per vehicle under this section shall not exceed $500 per
vehicle and shall be payable to the State Treasurer for deposit in the Air
Pollution Control Fund. Engine families in receipt of a waiver granted
under section (6.0) above shall be exempt from these fines. Further, small
volume manufacturers choosing to comply with these requirements in
the 1 995 model year shall also be exempt from these fines. For 1 996 mod-
el year vehicles and engines only, failure to properly monitor multiple
electronic transmission components shall be considered a single moni-
toring system deficiency.
(6.2) Beginning with the 1997 model year and through the 2003 model
year, the certification provisions set forth in section (m)(6.1) above shall
continue to apply subject to the following limitations: 1) The specified
fines shall apply to the third and subsequently identified deficiencies,
with the exception that fines shall apply to all monitoring system defi-
ciencies wherein a required monitoring strategy is completely absent
from the OBD system, and 2) Manufacturers may not carry over monitor-
ing system deficiencies for more than two model years unless it can be
adequately demonstrated that substantial vehicle hardware modifica-
tions and additional lead time beyond two years would be necessary to
correct the deficiency, in which case the deficiency may be carried over
for three model years.
(6.3) Beginning with the 2004 model year, the certification provisions
set forth in section (m)(6.1) and (m)(6.2) above shall continue to apply
subject to the following limitations: 1) The specified fines shall apply to
the second and subsequently identified deficiencies, and 2) Manufactur-
ers may not carry over monitoring system deficiencies to future model
years.
(n) GLOSSARY For purposes of this section:
(1 .0) "Malfunction" means the inability of an emission- related com-
ponent or system to remain within design specifications. Further, mal-
function refers to the deterioration of any of the above components or
systems to a degree that would likely cause the emissions of an average
certification durability vehicle with the deteriorated components or sys-
tems present at the beginning of the applicable certification emission test
to exceed by more than 1 .5 times any of the emission standards (both with
respect to the certification and useful life standards), unless otherwise
specified, applicable pursuant to Subchapter 1 (commencing with Sec-
tion 1900), Chapter 3 of Title 1 3. Notwithstanding, for catalyst monitor-
ing (section (b)(1.0)), applicable HC emission standard shall refer only
to the useful life standards.
(2.0) "Secondary air" refers to air introduced into the exhaust system
by means of a pump or aspirator valve or other means that is intended to
aid in the oxidation of HC and CO contained in the exhaust gas stream.
Page 236.18
Register 99, No. 44; 10-29-99
Title 13
Air Resources Board
§ 1968.1
(3.0) "Engine misfire" means lack of combustion in the cylinder due
to absence of spark, poor fuel metering, poor compression, or any other
cause.
(4.0) Oxygen sensor "response rate" refers to the delay (measured in
milliseconds) between a switch of the sensor from lean to rich or vice ver-
sa in response to a change in fuel/air ratio above and below stoichiomet-
ric.
(5.0) A "trip" means vehicle operation (following an engine-off peri-
od) of duration and driving mode such that all components and systems
are monitored at least once by the diagnostic system except catalyst effi-
ciency or evaporative system monitoring when a steady-speed check is
used, subject to the limitation that the manufacturer-defined trip moni-
toring conditions shall all be encountered at least once during the first en-
gine start portion of the applicable FTP cycle.
(6.0) A "warm-up cycle" means sufficient vehicle operation such that
the coolant temperature has risen by at least 40 degrees Fahrenheit from
engine starting and reaches a minimum temperature of at least 160 de-
grees Fahrenheit (140 degrees Fahrenfeit for diesel applications).
(7.0) A "driving cycle" consists of engine startup, and engine shutoff.
(8.0) "Continuous monitoring" means sampling at a rate no less than
two samples per second. If for engine control purposes, a computer input
component is sampled less frequently, the value of the component may
instead be evaluated each time sampling occurs.
(9.0) "Fuel trim" refers to feedback adjustments to the base fuel sched-
ule. Short-term fuel trim refers to dynamic or instantaneous adjustments.
Long-term fuel trim refers to much more gradual adjustments to the fuel
calibration schedule than short-term trim adjustments. These long term
adjustments compensate for vehicle differences and gradual changes that
occur over time.
(10.0) "Base Fuel Schedule" refers to the fuel calibration schedule
programmed into the Powertrain Control Module or PROM when man-
ufactured or when updated by some off-board source, prior to any
learned on-board correction.
(1 1 .0) "Calculated load value" refers to an indication of the current air-
flow divided by peak airflow, where peak airflow is corrected for alti-
tude, if available. This definition provides a unitless number that is not
engine specific, and provides the service technician with an indication of
the percent engine capacity that is being used (with wide open throttle as
100%).
Current airflow Atm. pressure (@ sea level)
CLV = X
Peak airflow (@ sea level)
Barometric pressure
For diesel applications, the calculated load value shall be determined
by the ratio of current output torque to maximum output torque at current
engine speed.
(12.0) "Medium-duty vehicle" is defined in title 13, section
1900(b)(9).
(13.0) "Small volume manufacturer" shall mean any vehicle manufac-
turer with sales less than or equal to 3000 new light-duty vehicles and
medium-duty vehicles per model year based on the average number of
vehicles sold by the manufacturer each model year from 1989 to 1991,
except as noted below. For manufacturers certifying for the first time in
California, model year sales shall be based on projected California sales.
If a manufacturer's average California sales exceeds 3000 units of new
light-duty and medium-duty vehicles based on the average number of
vehicles sold for any three consecutive model years, the manufacturer
shall no longer be treated as a small volume manufacturer and shall com-
ply with the requirements applicable for larger manufacturers beginning
with the fourth model year after the last of the three consecutive model
years. If a manufacturer's average California sales falls below 3000 units
of new light-duty and medium-duty vehicles based on the average num-
ber of vehicles sold for any three consecutive model years, the manufac-
turer shall be treated as a small volume manufacturer and shall be subject
to the requirements for small volume manufacturers beginning with the
next model year.
(14.0) "Low Emission Vehicle" refers to a vehicle certified in Califor-
nia as a Transitional Low Emission Vehicle, a Low Emission Vehicle, or
an Ultra Low Emission Vehicle. These vehicle categories are further de-
fined in Title 13, sections 1956.8 and 1960.1.
(1 5.0) "Diesel engines" refers to engines using a compression ignition
thermodynamic cycle.
( 1 6.0) "Functional check" for an output component means verification
of proper response to a computer command. For an input component,
functional check means verification of the input signal being in the range
of normal operation, including evaluation of the signal's rationality in
comparison to all available information.
(17.0) "Federal Test Procedure" (FTP) cycle or test refers to, for pas-
senger vehicles, light-duty trucks, and medium-duty vehicles certified
on a chassis dynamometer, the driving schedule in Code of Federal Regu-
lations (CFR) 40, Appendix 1 , Part 86, section (a) entitled, "EPA Urban
Dynamometer Driving Schedule for Light-Duty Vehicles and Light-
Duty Trucks." For medium-duty engines certified on an engine dyna-
mometer, FTP cycle or test refers to the engine dynamometer schedule
in CFR 40, Appendix 1 , Part 86, section (f)( 1), entitled, "EPA Engine Dy-
namometer Schedule for Heavy-Duty Otto-Cycle Engines," or section
(f)(2), entitled, "EPA Engine Dynamometer Schedule for Heavy-Duty
Diesel Engines."
(18.0) "Redline engine speed" means the manufacturer recommended
maximum engine speed as normally displayed on instrument panel ta-
chometers, or the engine speed at which fuel shutoff occurs.
(19.0) "Power Take-Off unit" refers to an engine driven output provi-
sion for the purposes of powering auxiliary equipment (e.g., a dump-
truck bed, aerial bucket, or tow-truck winch).
(20.0) "Engine Start" is defined as the point at which normal, synchro-
nized spark and fuel control is obtained or when the engine reaches a
speed 1 50 rpm below the normal, warmed-up idle speed (as determined
in the drive position for vehicles equipped with an automatic transmis-
sion).
(21.0) An "Alternate or Equivalent Phase-in" is one that achieves
equivalent emission reductions by the end of the last year of the sched-
uled phase-in. The emission reductions shall be calculated by multiply-
ing the percent of vehicles (based on the manufacturer's projected sales
volume of all vehicles and engines) meeting the new requirements per
year by the number of years implemented prior to and including the last
year of the scheduled phase-in and then summing these yearly results to
determine a cumulative total (e.g., a three year, 30/60/100 percent sched-
uled phase-in would be calculated as (30%*3 years) + (60%*2 years) +
(100%*1 year) = 310). Manufacturers shall be allowed to include ve-
hicles introduced before the first year of the scheduled phase-in (e.g., in
the previous example, 10 percent introduced one year before the sched-
uled phase-in begins would be calculated as (10%*4 years) and added
to the cumulative total). Any alternate phase-in which results in an equal
or larger cumulative total by the end of the last year of the scheduled pha-
se-in shall be considered acceptable by the Executive Officer; however,
all vehicles shall comply with the respective requirements subject to the
phase-in within one model year following the last year of the phase-in
schedule.
(22.0) "Unified Cycle" is defined in "Speed Versus Time Data for Cal-
ifornia's Unified Driving Cycle", dated December 12, 1996, incorpo-
rated by reference.
NOTE: Authority cited: Sections 39515, 39600, 39601, 43006, 43013, 43018,
43104 and 44036.2, Health and Safety Code; and Sections 27156 and 38395, Ve-
hicle Code. Reference: Sections 39002, 39003, 39667, 43000, 43004, 43006,
43008.6, 43013, 43018, 43100, 43101, 43101.5, 43102, 43104, 43105, 43106,
43204 and 44036.2, Health and Safety Code; and Sections 27156, 38391 and
38395, Vehicle Code.
History
1. New section filed 8-27-90; operative 9-26-90 (Register 90, No. 42).
2. Amendment of subsections (a), (b), (g), (k), (/) and (n) filed 8-2-91; operative
9-2-91 (Register 91, No. 49).
3. Amendment filed 9-3-92; operative 10-5-92 (Register 92, No. 36).
4. New sections (m)(6.0) and (m)(6.1) filed 8-27-93; operative 8-27-93 pursuant
to Government Code section 1 1346.2(d) (Register 93, No. 35).
5. Editorial correction (Register 95, No. 15).
6. Amendment filed 6-8-95; operative 6-S-95 pursuant to Government Code sec-
tion 1 1343.4(d) (Register 95, No. 23).
7. Amendment filed 9-25-97; operative 9-25-97 pursuant to Government Code
section 1 1343.4(d) (Register 97, No. 39).
Page 236.19
Register 2007, No. 45; 11-9-2007
§ 1968.2
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
8. Amendment of subsection (b)(4.2.2) and Note filed 10-28-99; operative
11 -27-99 (Register 99, No. 44).
§ 1968.2. Malfunction and Diagnostic System
Requirements — 2004 and Subsequent
Model-Year Passenger Cars, Light-Duty
Trucks, and Medium-Duty Vehicles and
Engines.
(a) Purpose.
The purpose of this regulation is to establish emission standards and
other requirements for onboard diagnostic systems (OBD II systems) that
are installed on 2004 and subsequent model-year passenger cars, light-
duty trucks, and medium-duty vehicles and engines certified for sale in
California. The OBD II systems, through the use of an onboard comput-
er(s), shall monitor emission systems in-use for the actual life of the ve-
hicle and shall be capable of detecting malfunctions of the monitored
emission systems, illuminating a malfunction indicator light (MIL) to
notify the vehicle operator of detected malfunctions, and storing fault
codes identifying the detected malfunctions.
(b) Applicability.
Except as specified elsewhere in this regulation (title 13, CCR section
1968.2), all 2004 and subsequent model-year vehicles, defined as pas-
senger cars, light-duty trucks, and medium-duty vehicles, including me-
dium-duty vehicles with engines certified on an engine dynamometer
and medium-duty passenger vehicles, shall be equipped with an OBD II
system and shall meet all applicable requirements of this regulation (title
13, CCR section 1968.2). Except as specified in section (d)(2.2.5), me-
dium-duty vehicles with engines certified on an engine dynamometer
may comply with these requirements on an engine model year certifica-
tion basis rather than a vehicle model year basis.
(c) Definitions.
"Actual life" refers to the entire period that a vehicle is operated on
public roads in California up to the time a vehicle is retired from use.
"Alternate phase-in" is a phase-in schedule that achieves equivalent
compliance volume by the end of the last year of a scheduled phase-in
provided in this regulation. The compliance volume is the number calcu-
lated by multiplying the percent of vehicles (based on the manufacturer's
projected sales volume of all vehicles) meeting the new requirements per
year by the number of years implemented prior to and including the last
year of the scheduled phase-in and then summing these yearly results to
determine a cumulative total (e.g., a three year, 30/60/100 percent sched-
uled phase-in would be calculated as (30*3 years) + (60*2 years) +
(100*1 year) = 310). On phase-ins scheduled to begin prior to the 2004
model year, manufacturers are allowed to include vehicles introduced
before the first year of the scheduled phase-in (e.g., in the previous ex-
ample, 10 percent introduced one year before the scheduled phase-in be-
gins would be calculated as (10*4 years) and added to the cumulative to-
tal). However, on phase-ins scheduled to begin in 2004 or subsequent
model years, manufacturers are only allowed to include vehicles
introduced up to one model year before the first year of the scheduled
phase-in. The Executive Officer shall consider acceptable any alternate
phase-in that results in an equal or larger cumulative total by the end of
the last year of the scheduled phase-in and ensures that all vehicles sub-
ject to the phase-in will comply with the respective requirements no later
than two model years following the last year of the scheduled phase-in.
For alternate phase-in schedules resulting in all vehicles complying
one model year following the last year of the scheduled phase-in, the
compliance volume shall be calculated as described directly above. For
example, a 30/60/100 percent scheduled phase-in during the 2010-201 2
model years would have a cumulative total of 310. If the manufacturer's
planned alternate phase-in schedule is 40/50/80/100 percent during the
2010-2013 model years, the final compliance volume calculation would
be (40*3 years) + (50*2 years) + (80*1 year) = 300, which is less than
310 and therefore would not be acceptable as an alternate phase-in
schedule.
For alternate phase-in schedules resulting in all vehicles complying
two model years following the last year of the scheduled phase-in, the
compliance volume calculation shall be calculated as described directly
above and shall also include a negative calculation for vehicles not com-
plying until one or two model years following the last year of the sched-
uled phase-in. The negative calculation shall be calculated by multiply-
ing the percent of vehicles not meeting the new requirements in the final
year of the phase-in by negative one and the percent of vehicles not meet-
ing the new requirements in the one year after the final year of the phase-
in by negative two. For example, if 10 percent of a manufacturer's ve-
hicles did not comply by the final year of the scheduled phase-in and 5
percent did not comply by the end of the first year after the final year of
the scheduled phase-in, the negative calculation result would be (10*(-1
years)) + (5* (-2 years)) = -20. The final compliance volume calculation
is the sum of the original compliance volume calculation and the negative
calculation. For example, a 30/60/100 percent scheduled phase-in dur-
ing the 2010-2012 model years would have a cumulative total of 310. If
a manufacturer's planned alternate phase-in schedule is
40/70/80/90/100 percent during the 2010-2014 model years, the final
compliance volume calculation would be (40*3 years) + (70*2 years) +
(80*1 year) + (20*(-l year)) + (10*(-2 years)) = 300, which is less than
310 and therefore would not be acceptable as an alternate phase-in
schedule.
"Applicable standards" refers to the specific exhaust emission stan-
dards or family emission limits (FEL) of the Federal Test Procedure
(FTP) to which the vehicle or engine is certified. For 2010 and subse-
quent model year diesel engines, "applicable standards" shall also refer
to the specific exhaust emission standards or family emission limits
(FEL) of either the FTP or the Supplemental Emission Test (SET) to
which the engine is certified, as determined according to section (d)(6).
"Auxiliary Emission Control Device (AECD) " refers to any approved
AECD (as defined by 40 Code of Federal Regulations (CFR) 86.082-2
and 86.094-2).
"Emission Increasing Auxiliary Emission Control Device (El-
AECD) " refers to any approved AECD that: reduces the effectiveness of
the emission control system under conditions which may reasonably be
expected to be encountered in normal vehicle operation and use; and the
need for the AECD is justified in terms of protecting the vehicle against
damage or accident. For medium-duty vehicles certified to an engine dy-
namometer tailpipe emission standard, an AECD that is certified as an
NTE deficiency shall not be considered an EI-AECD. An AECD that
does not sense, measure, or calculate any parameter or command or trig-
ger any action, algorithm, or alternate strategy shall not be considered an
EI-AECD. An AECD that is activated solely due to operation of the ve-
hicle above 8000 feet in elevation shall not be considered an EI-AECD.
"Base fuel schedule" refers to the fuel calibration schedule pro-
grammed into the Powertrain Control Module or PROM when manufac-
tured or when updated by some off-board source, prior to any learned
on-board correction.
"Calculated load value " refers to an indication of the percent engine
capacity that is being used and is defined in Society of Automotive Engi-
neers (S AE) J 1979 "E/E Diagnostic Test Modes - Equivalent to ISO/DIS
15031-5:April 30, 2002", April 2002 (SAE J1979), incorporated by ref-
erence (section (g)(1.4)1). For diesel applications, the calculated load
value is determined by the ratio of current output torque to maximum out-
put torque at current engine speed as defined by suspect parameter num-
ber (SPN) 92 of SAE J1939 "Recommended Practice fora Serial Control
and Communications Vehicle Network" (SAE J 1939), incorporated by
reference.
"Confirmed fault code" is defined as the diagnostic trouble code
stored when an OBD II system has confirmed that a malfunction exists
(e.g., typically on the second driving cycle that the malfunction is de-
tected) in accordance with the requirements of sections (e), (f), and
(g)(4.4).
"Continuously, " if used in the context of monitoring conditions for
circuit continuity, lack of circuit continuity, circuit faults, and out-of-
range values, means monitoring is always enabled, unless alternate en-
able conditions have been approved by the Executive Officer in accor-
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dance with section (d)(3.1.1), and sampling of the signal used for
monitoring occurs at a rate no less than two samples per second. If for
control purposes, a computer input component is sampled less frequent-
ly, the signal of the component may instead be evaluated each time sam-
pling occurs.
"Deactivate" means to turn-off, shutdown, desensitize, or otherwise
make inoperable through software programming or other means during
the actual life of the vehicle.
"Diagnostic or emission critical" electronic powertrain control unit
refers to the engine and transmission control unit(s). For the 2005 and
subsequent model years, it also includes any other on-board electronic
powertrain control unit containing software that has primary control over
any of the monitors required by sections (e)(1.0) through (e)(14.0),
(e)(16.0), (f)(1) through (f)( 14), and (f)(16) or, excluding anti-lock brake
system (ABS) control units or stability/traction control units, has primary
control over the diagnostics for more than two of the components re-
quired to be monitored by sections (e)(15.0) and (f)('15).
"Diesel engines" refers to engines using a compression ignition ther-
modynamic cycle.
"Driving cycle" consists of engine startup and engine shutoff and in-
cludes the period of engine off time up to the next engine startup. For ve-
hicles that employ engine shutoff strategies (e.g., engine shutoff at idle),
the manufacturer may request Executive Officer approval to use an alter-
nate definition for driving cycle (e.g., key on and key off). Executive Of-
ficer approval of the alternate definition shall be based on equivalence to
engine startup and engine shutoff signaling the beginning and ending of
a single driving event for a conventional vehicle. For applications that are
used in both medium-duty and heavy-duty classes, the manufacturer
may use the driving cycle definition of title 13, CCR, section 1971.1 in
lieu of this definition. Engine restarts following an engine shut-off that
has been neither commanded by the vehicle operator nor by the engine
control strategy but caused by an event such as an engine stall may be
considered a new driving cycle or a continuation of the existing driving
cycle.
"Engine misfire" means lack of combustion in the cylinder due to ab-
sence of spark, poor fuel metering, poor compression, or any other cause.
This does not include lack of combustion events in non-active cylinders
due to default fuel shut-off or cylinder deactivation strategies.
"Engine start" is defined as the point when the engine reaches a speed
150 rpm below the normal, warmed-up idle speed (as determined in the
drive position for vehicles equipped with an automatic transmission). For
hybrid vehicles or for engines employing alternate engine start hardware
or strategies (e.g., integrated starter and generators, etc.), the manufactur-
er may request Executive Officer approval to use an alternate definition
for engine start (e.g., ignition key "on"). Executive Officer approval of
the alternate definition shall be based on equivalence to an engine start
for a conventional vehicle.
"Family Emission Limit {EEL)" refers to the exhaust emission levels
to which an engine family is certified under the averaging, banking, and
trading program incorporated by reference in title 13, CCR section
1956.8.
"Fault memory " means information pertaining to malfunctions stored
in the onboard computer, including fault codes, stored engine conditions,
and MIL status.
"Federal Test Procedure (FTP) test" refers to an exhaust emission
test conducted according to the test procedures incorporated by reference
in title 13, CCR section 1961(d) that is used to determine compliance
with the FTP standard to which a vehicle is certified.
"FTP cycle ". For passenger vehicles, light-duty trucks, and medium-
duty vehicles certified on a chassis dynamometer, FTP cycle refers to the
driving schedule in Code of Federal Regulations (CFR) 40, Appendix 1,
Part 86, section (a) entitled, "EPA Urban Dynamometer Driving Sched-
ule for Light-Duty Vehicles and Light-Duty Trucks." For medium-duty
engines certified on an engine dynamometer, FTP cycle refers to the en-
gine dynamometer schedule in CFR 40, Appendix 1, Part 86, section
(f)(1), entitled, "EPA Engine Dynamometer Schedule for Heavy-Duty
Otto-Cycle Engines," or section (0(2), entitled, "EPA Engine Dy-
namometer Schedule for Heavy-Duty Diesel Engines."
"FTP standard" refers to the certification tailpipe exhaust emission
full useful life standards and test procedures applicable to the FTP cycle
and to the class to which the vehicle is certified.
"FTP full useful life standard" refers to the FTP standard applicable
when the vehicle reaches the end of its full useful life as defined in the
certification requirements and test procedures incorporated by reference
in title 13, CCR section 1961(d).
"Fuel trim" refers to feedback adjustments to the base fuel schedule.
Short-term fuel trim refers to dynamic or instantaneous adjustments.
Long-term fuel trim refers to much more gradual adjustments to the fuel
calibration schedule than short-term trim adjustments.
"Functional check" for an output component or system means verifi-
cation of proper response of the component and system to a computer
command.
"Gasoline engine" refers to an Otto-cycle engine or an alternate-
fueled engine.
"Keep-alive memory (KAM), " for the purposes of this regulation, is
defined as a type of memory that retains its contents as long as power is
provided to the on-board control unit. KAM is not erased upon shutting
off the engine but may be erased if power to the on-board control unit is
interrupted (e.g., vehicle battery disconnected, fuse to control unit re-
moved). In some cases, portions of KAM may be erased with a scan tool
command to reset KAM.
"Key on, engine off position " refers to a vehicle with the ignition key
in the engine run position (not engine crank or accessory position) but
with the engine not running.
"Light-duty truck" is defined in title 13, CCR section 1900 (b).
"Low Emission Vehicle I application " refers to a vehicle or engine
certified in California to the exhaust emission standards defined in title
13, CCR sections 1956.8(g), 1960.1(g)(1), and 1960.1(h)(1) for any of
the following vehicle emission categories: Transitional Low Emission
Vehicle (TLEV), Low Emission Vehicle (LEV), Ultra Low Emission
Vehicle (ULEV), or Super Ultra Low Emission Vehicle (SULEV). Addi-
tionally, vehicles certified to Federal emission standards (bins) in
California but categorized in a Low Emission Vehicle I vehicle emission
category for purposes of calculating NMOG fleet average in accordance
with the certification requirements and test procedures incorporated by
reference in title 13, CCR section 1961 (d) are subject to all monitoring
requirements applicable to Low Emission Vehicle I applications but shall
use the Federal tailpipe emission standard (i.e., the Federal bin) for pur-
poses of determining the malfunction thresholds in sections (e) and (f).
"MDV SULEV vehicles" refer only to medium-duty Low Emission
Vehicle I applications certified to the SULEV vehicle emission category.
"TLEV vehicles" refer only to Low Emission Vehicle I applications
certified to the TLEV vehicle emission category.
"LEV vehicles " refer only to Low Emission Vehicle I applications cer-
tified to the LEV vehicle emission category.
"ULEV vehicles" refer only to Low Emission Vehicle I applications
certified to the ULEV vehicle emission category.
"Low Emission Vehicle II application" refers to a vehicle or engine
certified in California to the exhaust emission standards defined in title
13, CCR section 1961, or optionally certified to the exhaust emission
standards defined in title 13, CCR section 1956.8, for any of the follow-
ing emission categories: LEV, ULEV, or SULEV. Additionally, except
as provided for in sections (e)(17.'1.3) and (f)(17.1.2), vehicles certified
to Federal emission standards (bins) in California but categorized in a
Low Emission Vehicle II vehicle emission category for purposes of cal-
culating NMOG fleet average in accordance with the certification re-
quirements and test procedures incorporated by reference in title 13,
CCR section 1961 (d) are subject to all monitoring requirements applica-
ble to Low Emission Vehicle II applications but shall use the Federal tail-
pipe emission standard (i.e., the Federal bin) for purposes of determining
the malfunction thresholds in sections (e) and (f).
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"PC/LDT SULEV II vehicles" refer only to passenger car and light-
duty truck Low Emission Vehicle II applications certified to the SULEV
vehicle emission category.
"MDV SULEV II vehicles " refer only to medium-duty Low Emission
Vehicle II applications certified to the SULEV vehicle emission catego-
ry-
"LEV II vehicles" refer only to Low Emission Vehicle II applications
certified to the LEV vehicle emission category.
"ULEV II vehicles" refer only to Low Emission Vehicle II applica-
tions certified to the ULEV vehicle emission category.
"Malfunction " means any deterioration or failure of a component that
causes the performance to be outside of the applicable limits in sections
(e) and (f).
"Medium-duty vehicle" is defined in title 13, CCR section 1900 (b).
"Medium-duty passenger vehicle " or "MDPV" is defined in Title 40,
Section 86.1803-01, Code of Federal Regulations.
"Non-volatile random access memory (NVRAM), " for the purposes
of this regulation, is defined as a type of memory that retains its contents
even when power to the on-board control unit is interrupted (e.g., vehicle
battery disconnected, fuse to control unit removed). NVRAM is typically
made non-volatile either by use of a back-up battery within the control
unit or through the use of an electrically erasable and programmable
read-only memory (EEPROM) chip.
"Not-To-Exceed (NTE) control area " refers to the bounded region of
the engine's torque and speed map, as defined in 40 CFR 86.1 370-2007,
where emissions must not exceed a specific emission cap for a given pol-
lutant under the NTE requirement.
"Manufacturer-specific NOx NTE carve-out area " refers to regions
within the NTE control area for NOx where the manufacturer has limited
NTE testing as allowed by 40 CFR 86.1370-2007(b)(7).
"Manufacturer-specific PM NTE carve-out area " refers to regions
within the NTE control area for PM where the manufacturer has limited
NTE testing as allowed by 40 CFR 86. 1 370-2007 (b)(7).
"NTE deficiency" refers to regions or conditions within the NTE con-
trol area for NOx or PM where the manufacturer has received a deficien-
cy as allowed by 40 CFR 86.007-1 l(a)(4)(iv).
"Normal production " is the time after the start of production when the
manufacturer has produced two percent of the projected volume for the
test group or calibration, whichever is being evaluated in accordance
with section (j).
"Passenger car" is defined in title 13, CCR section 1900(b).
" Pending fault code" is defined as the diagnostic trouble code stored
upon the initial detection of a malfunction (e.g., typically on a single driv-
ing cycle) prior to illumination of the MIL in accordance with the require-
ments of sections (e), (f), and (g)(4.4).
"Percentage of misfire" as used in (e)(3.2) and (f)(3.2) means the per-
centage of misfires out of the total number of firing events for the speci-
fied interval.
"Permanent fault code" is defined as a confirmed fault code that is
currently commanding the MIL on and is stored in NVRAM as specified
in sections (d)(2) and (g)(4.4).
"Power Take-Off (PTO) unit" refers to an engine driven output provi-
sion for the purposes of powering auxiliary equipment (e.g., a dump-
truck bed, aerial bucket, or tow-truck winch).
"Rationality fault diagnostic" for an input component means verifica-
tion of the accuracy of the input signal while in the range of normal opera-
tion and when compared to all other available information.
"Redline engine speed" shall be defined by the manufacturer as either
the recommended maximum engine speed as normally displayed on
instrument panel tachometers or the engine speed at which fuel shutoff
occurs.
"Response rate " for exhaust gas sensors refers to the delay from when
the sensor is exposed to a different make-up of exhaust gas constituents
until it outputs a signal reflecting the different make-up of exhaust gas
constituents. For example, for oxygen sensors, response rate is the delay
from when the oxygen sensor is exposed to a change in exhaust gas from
richer/leaner than stoichiometric to leaner/richer than stoichiometric to
the time when the oxygen sensor indicates the lean/rich condition. Simi-
larly, for wide-range air-fuel (A/F) sensors, response rate is the delay
from when the sensor is exposed to a different A/F ratio to the time it indi-
cates the different A/F ratio. For NOx and PM sensors, response rate is
the delay from when the sensor is exposed to a different NOx or PM ex-
haust gas level until it indicates the different NOx or PM exhaust gas lev-
el.
"SC03 emission standards" refers to the certification tailpipe exhaust
emission standards for the air conditioning (A/C) test of the Supplemen-
tal Federal Test Procedure Off-Cycle Emission Standards specified in
title 13, CCR section 1961 (a) applicable to the class to which the vehicle
is certified.
"Secondaiy air" refers to air introduced into the exhaust system by
means of a pump or aspirator valve or other means that is intended to aid
in the oxidation of HC and CO contained in the exhaust gas stream.
"Similar conditions" as used in sections (e)(3), (e)(6), (f)(3), and
(f)(4) means engine conditions having an engine speed within 375 rpm,
load conditions within 20 percent, and the same warm-up status (i.e.,
cold or hot) as the engine conditions stored pursuant to (e)(3.4.4),
(e)(6.4.5), (f)(3.4.2)(C)rand (f)(4.4.2)(E). The Executive Officer may
approve other definitions of similar conditions based on comparable
timeliness and reliability in detecting similar engine operation.
"Small volume manufacturer" is defined in title 13, CCR section
1900(b). However, for a manufacturer that transitions from a small vol-
ume manufacturer to a non-small volume manufacturer, the manufactur-
er is still considered a small volume manufacturer for the first three mod-
el years that it no longer meets the definition in title 13, CCR section
1900(b).
"Supplemental Emission Test (SET) cycle " refers to the driving sched-
ule defined as the "supplemental steady state emission test" in 40 CFR
86.1360-2007, as amended July 13, 2005.
"SET standard" refers to the certification exhaust emission standards
and test procedures applicable to the SET cycle incorporated by refer-
ence in title 13, CCR sections 1956.8(b) and (d) to which the engine is
certified.
"Unified cycle" is defined in "Speed Versus Time Data for Califor-
nia's Unified Driving Cycle", dated December 12, 1996, incorporated by
reference.
"US06 cycle " refers to the driving schedule in 40 CFR 86, Appendix
1, section (g), as amended July 13, 2005, entitled, "EPA US06 Driving
Schedule for Light-Duty Vehicles and Light-Duty Trucks."
"Warm-up cycle" means sufficient vehicle operation such that the
coolant temperature has risen by at least 40 degrees Fahrenheit from en-
gine starting and reaches a minimum temperature of at least 160 degrees
Fahrenheit (140 degrees Fahrenheit for applications with diesel engines).
(d) General Requirements.
Section (d) sets forth the general requirements of the OBD II system.
Specific performance requirements for components and systems that
shall be monitored are set forth in sections (e) and (f) below.
(1) The OBD II System.
(1.1) If a malfunction is present as specified in sections (e) and (f), the
OBD II system shall detect the malfunction, store a pending or confirmed
fault code in the onboard computer's memory, and illuminate the MIL as
required.
(1.2) The OBD II system shall be equipped with a standardized data
link connector to provide access to the stored fault codes as specified in
section (g).
(1.3) The OBD II system shall be designed to operate, without any re-
quired scheduled maintenance, for the actual life of the vehicle in which
it is installed and may not be programmed or otherwise designed to deac-
tivate based on age and/or mileage of the vehicle during the actual life of
the vehicle. This section is not intended to alter existing law and enforce-
ment practice regarding a manufacturer's liability for a vehicle beyond
its useful life, except where a vehicle has been programmed or otherwise
•
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•
•
designed so that an OBD II system deactivates based on age and/or mile-
age of the vehicle.
(1.4) Computer-coded engine operating parameters may not be
changeable without the use of specialized tools and procedures (e.g. sol-
dered or potted computer components or sealed (or soldered) computer
enclosures). Subject to Executive Officer approval, manufacturers may
exempt from this requirement those product lines that are unlikely to re-
quire protection. Criteria to be evaluated in making an exemption include
current availability of performance chips, high performance capability of
the vehicle, and sales volume.
(2) MIL and Fault Code Requirements.
(2.1 ) MIL Specifications.
(2.1.1) The MIL shall be located on the driver's side instrument panel
and be of sufficient illumination and location to be readily visible under
all lighting conditions and shall be amber in color when illuminated. The
MIL, when illuminated, shall display the phrase "Check Engine" or "Ser-
vice Engine Soon". The word "Powertrain" may be substituted for "En-
gine" in the previous phrases. Alternatively, the International Standards
Organization (ISO) engine symbol may be substituted for the word "En-
gine" or for the entire phrase.
(2.1 .2) The MIL shall illuminate in the key on, engine off position be-
fore engine cranking to indicate that the MIL is functional. For all 2005
and subsequent model year vehicles, the MIL shall continuously illumi-
nate during this functional check for a minimum of 15-20 seconds. Dur-
ing this functional check of the MIL, the data stream value for MIL status
shall indicate commanded off (see section (g)(4.2)) unless the MIL has
also been commanded on for a detected malfunction. This functional
check of the MIL is not required during vehicle operation in the key on,
engine off position subsequent to the initial engine cranking of each driv-
ing cycle (e.g., due to an engine stall or other non-commanded engine
shutoff).
(2.1.3) At the manufacturer's option, the MIL may be used to indicate
readiness status in a standardized format (see section (g)(4.1.3)) in the
key on, engine off position.
(2.1.4) A manufacturer may request Executive Officer approval to
also use the MIL to indicate which, if any, fault codes are currently stored
(e.g., to "blink" the stored codes). The Executive Officer shall approve
the request upon determining that the manufacturer has demonstrated
that the method used to indicate the fault codes will not be activated dur-
ing a California Inspection and Maintenance test or during routine driver
operation.
(2.1 .5) The MIL may not be used for any purpose other than specified
in this regulation.
(2.2) MIL Illumination and Fault Code Storage Protocol.
(2.2.1) Upon detection of a malfunction, the OBD system shall store
a pending fault code within ten seconds indicating the likely area of the
malfunction.
(2.2.2) After storage of a pending fault code, if the identified malfunc-
tion is again detected before the end of the next driving cycle in which
monitoring occurs, the MIL shall illuminate continuously and a con-
firmed fault code shall be stored within 10 seconds. If a malfunction is
not detected before the end of the next driving cycle in which monitoring
occurs (i.e., there is no indication of the malfunction at any time during
the driving cycle), the corresponding pending fault code set according to
section (d)(2.2.1) shall be erased at the end of the driving cycle.
(2.2.3) The OBD system shall illuminate the MIL and store a fault code
within 10 seconds to inform the vehicle operator whenever the power-
train enters a default or "limp home" mode of operation that can affect
emissions or the performance of the OBD II system or in the event of a
malfunction of an on-board computer(s) itself that can affect the perfor-
mance of the OBD II system.
(A) If the default or "limp home" mode of operation is recoverable
(i.e., the diagnostic or control strategy that caused the default or "limp
home" mode of operation can run on the next driving cycle and confirm
the presence of the condition that caused the default or "limp home" op-
eration), the OBD II system may, in lieu of illuminating the MIL within
10 seconds on the first driving cycle where the default or "limp home"
mode of operation is entered, delay illumination of the MIL until the
condition causing the default or "limp home" mode of operation is again
detected before the end of the next driving cycle.
(B) MIL illumination and fault code storage is not required for engine
overtemperature default strategies that are only initiated after the temper-
ature gauge indicates a temperature in the red zone, or after an overtem-
perature "hot" light is illuminated, or due to the verified occurrence of
severe operating conditions (e.g., extended trailer towing up a grade).
(2.2.4) For all 2010 and subsequent model year vehicles, the OBD II
system shall default to a MIL on state if the instrument panel receives
and/or processes instructions or commands from other diagnostic or
emission critical electronic powertrain control units to illuminate the
MIL and a malfunction occurs (e.g., communication is lost) such that the
instrument panel is no longer able to properly receive the MIL illumina-
tion requests. Storage of a fault code is not required for this malfunction.
(2.2.5) For 50 percent of all 2010, 75 percent of all 201 1 , and 100 per-
cent of all 2012 and subsequent model year vehicles (including 2012
model year medium-duty vehicles with 201 1 model year engines certi-
fied on an engine dynamometer), before the end of an ignition cycle, the
OBD II system shall store confirmed fault codes that are currently caus-
ing the MIL to be illuminated in NVRAM as permanent fault codes (as
defined in section (g)(4.4.6)).
(2.2.6) A manufacturer may request Executive Officer approval to
employ alternate statistical MIL illumination and fault code storage pro-
tocols to those specified in these requirements. The Executive Officer
shall grant approval upon determining that the manufacturer has pro-
vided data and/or engineering evaluation that demonstrate that the alter-
native protocols can evaluate system performance and detect malfunc-
tions in a manner that is equally effective and timely. Except as otherwise
provided in section (e) for evaporative system malfunctions, strategies
requiring on average more than six driving cycles for MIL illumination
may not be accepted.
(2.2.7) A manufacturer shall store and erase "freeze frame" conditions
(as defined in section (g)(4.3)) present at the time a malfunction is de-
tected. A manufacturer shall store and erase freeze frame conditions in
conjunction with storage and erasure of either pending or confirmed fault
codes as required elsewhere in section (d)(2.2).
(2.3) Extinguishing the MIL.
Except as otherwise provided in sections (e)(3.4.5), (e)(4.4.2),
(e)(6.4.6), (f)(3.4.2)(D), and (f)(4.4.2)(F) for misfire, evaporative sys-
tem, and fuel system malfunctions, once the MIL has been illuminated
it may be extinguished after three subsequent sequential driving cycles
during which the monitoring system responsible for illuminating the
MIL functions and the previously detected malfunction is no longer pres-
ent provided no other malfunction has been detected that would indepen-
dently illuminate the MIL according to the requirements outlined above.
(2.4) Erasing a confirmed fault code. The OBD II system may erase
a confirmed fault code if the identified malfunction has not been again
detected in at least 40 engine warm-up cycles, and the MIL is presently
not illuminated for that malfunction.
(2.5) Erasing a permanent fault code.
(2.5.1) If the OBD II system is commanding the MIL on, the OBD II
system shall erase a permanent fault code only if the OBD II system itself
determines that the malfunction that caused the permanent fault code to
be stored is no longer present and is not commanding the MIL on, pur-
suant to the requirements of section (d)(2.3) (which for purposes of this
section shall apply to all monitors).
(2.5.2) If all fault information in the on-board computer other than the
permanent fault code has been cleared (i.e., through the use of a scan tool
or battery disconnect) and the OBD II system is not commanding the MIL
on:
(A) Except as provided for in sections (d)(2.5.2)(C) through (E), if the
monitor of the malfunction that caused the permanent fault code to be
stored is subject to the minimum ratio requirements of section (d)(3.2)
(e.g., catalyst monitor, comprehensive component input component ra-
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tionality monitors), the OBD II system shall erase the permanent fault
code at the end of a driving cycle if the monitor has run and made one or
more determinations during a driving cycle that the malfunction of the
component or the system is not present and has not made any determina-
tions within the same driving cycle that the malfunction is present.
(B) Except as provided for in sections (d)(2.5.2)(D) and (E), if the
monitor of the malfunction that caused the permanent fault code to be
stored is not subject to the minimum ratio requirements of section
(d)(3.2) (e.g., gasoline misfire monitor, fuel system monitor, comprehen-
sive component circuit continuity monitors), the OBD II system shall
erase the permanent fault code at the end of a driving cycle if:
(i) The monitor has run and made one or more determinations during
a driving cycle that the malfunction of the component or the system is not
present and has not made any determinations within the same driving
cycle that the malfunction is present;
(ii) The monitor has not made any determinations that the malfunction
is present subsequent to the most recent driving cycle in which the criteria
of section (d)(2.5.2)(B)(i) are met; and
(iii) The following criteria are satisfied on any single driving cycle
(which may be a different driving cycle than that in which the criteria of
section (d)(2.5.2)(B)(i) are satisfied):
a. Cumulative time since engine start is greater than or equal to 600
seconds;
b. Cumulative vehicle operation at or above 25 miles per hour occurs
for greater than or equal to 300 seconds (medium-duty vehicles with die-
sel engines certified on an engine dynamometer may use cumulative op-
eration at or above 15% calculated load in lieu of at or above 25 miles per
hour for purposes of this criteria); and
c. Continuous vehicle operation at idle (i.e., accelerator pedal released
by driver and vehicle speed less than or equal to one mile per hour) for
greater than or equal to 30 seconds.
(iv) Monitors required to use "similar conditions" as defined in section
(c) to store and erase pending and confirmed fault codes may not require
that the similar conditions be met prior to erasure of the permanent fault
code.
(C) For monitors subject to section (d)(2.5.2)(A), the manufacturer
may choose to erase the permanent fault code using the criteria under sec-
tion (d)(2.5.2)(B) in lieu of the criteria under section (d)(2.5.2)(A).
(D) For 2009 and 2010 model year vehicles meeting the permanent
fault code requirements of section (d)(2.2.5), manufacturers may request
Executive Officer approval to use alternate criteria to erase the perma-
nent fault code. The Executive Officer shall approve alternate criteria
that:
(i) Will not likely require driving conditions that are longer and more
difficult to meet than those required under section (d)(2.5.2)(B), and
(ii) Do not require access to enhanced scan tools (i.e., tools that are not
generic SAE J 1 978 scan tools) to determine conditions necessary to erase
the permanent fault code.
(E) If alternate criteria to erase the permanent fault code are approved
by the Executive Officer under section (d)(2.5.2)(D), a manufacturer
may continue to use the approved alternate criteria for 201 1 model year
vehicles previously certified in the 2009 or 2010 model year to the alter-
nate criteria and carried over to the 2011 model year.
(3) Monitoring Conditions.
Section (d)(3) sets forth the general monitoring requirements while
sections (e) and (f) set forth the specific monitoring requirements as well
as identify which of the following general monitoring requirements in
section (d)(3) are applicable for each monitored component or system
identified in sections (e) and (f).
(3.1) For all 2004 and subsequent model year vehicles:
(3. 1 . 1 ) As specifically provided for in sections (e) and (f), manufactur-
ers shall define monitoring conditions, subject to Executive Officer ap-
proval, for detecting malfunctions identified in sections (e) and (f)- The
Executive Officer shall approve manufacturer defined monitoring condi-
tions that are determined (based on manufacturer submitted data and/or
other engineering documentation) to be: technically necessary to ensure
robust detection of malfunctions (e.g., avoid false passes and false in-
dications of malfunctions), designed to ensure monitoring will occur un-
der conditions which may reasonably be expected to be encountered in
normal urban vehicle operation and use, and designed to ensure monitor-
ing will occur during the FTP cycle or Unified cycle.
(3.1.2) Monitoring shall occur at least once per driving cycle in which
the monitoring conditions are met.
(3.1.3) Manufacturers may request Executive Officer approval to de-
fine monitoring conditions that are not encountered during the FTP cycle
or Unified cycle as required in section (d)(3.1.1). In evaluating the
manufacturer's request, the Executive Officer shall consider the degree
to which the requirement to run during the FTP or Unified cycle restricts
in-use monitoring, the technical necessity for defining monitoring
conditions that are not encountered during the FTP or Unified cycle, data
and/or an engineering evaluation submitted by the manufacturer which
demonstrate that the component/system does not normally function, or
monitoring is otherwise not feasible, during the FTP or Unified cycle,
and, where applicable in section (d)(3.2), the ability of the manufacturer
to demonstrate the monitoring conditions will satisfy the minimum ac-
ceptable in-use monitor performance ratio requirement as defined in sec-
tion (d)(3.2) (e.g., data which show in-use driving meets the minimum
requirements).
(3.2) As specifically provided for in sections (e) and (f), manufacturers
shall define monitoring conditions in accordance with the criteria in sec-
tions (d)(3.2.1) through (3.2.3). The requirements of section (d)(3.2)
shall be phased in as follows: 30 percent of all 2005 model year vehicles,
60 percent of all 2006 model year vehicles, and 100 percent of all 2007
and subsequent model year vehicles. Manufacturers may use an alternate
phase-in schedule in lieu of the required phase-in schedule if the alter-
nate phase-in schedule provides for equivalent compliance volume as
defined in section (c) with the exception that 100 percent of 2007 and
subsequent model year vehicles shall comply with the requirements.
Small volume manufacturers shall meet the requirements on 100 percent
of 2007 and subsequent model year vehicles but shall not be required to
meet the specific phase-in requirements for the 2005 and 2006 model
years.
(3.2. 1 ) Manufacturers shall define monitoring conditions that, in addi-
tion to meeting the criteria in section (d)(3.1), ensure that the monitor
yields an in-use performance ratio (as defined in section (d)(4)) that
meets or exceeds the minimum acceptable in-use monitor performance
ratio on in-use vehicles. For purposes of this regulation, except as pro-
vided below in section (d)(3.2.I)(D), the minimum acceptable in-use
monitor performance ratio is:
(A) 0.260 for secondary air system monitors and other cold start re-
lated monitors utilizing a denominator incremented in accordance with
section (d)(4.3.2)(E);
(B) For evaporative system monitors:
(i) 0.260 for monitors designed to detect malfunctions identified in
section (e)(4.2.2)(C) (i.e., 0.020 inch leak detection); and
(ii) 0.520 for monitors designed to detect malfunctions identified in
section (e)(4.2.2)(A) and (B) (i.e., purge flow and 0.040 inch leak detec-
tion);
(C) 0.336 for catalyst, oxygen sensor, EGR, VVT system, and all other
monitors specifically required in sections (e) and (f) to meet the monitor-
ing condition requirements of section (d)(3.2);
(D) For introductory years:
(i) through the 2007 model year, for the first three years a vehicle is
certified to the in-use performance ratio monitoring requirements of sec-
tion (d)(3.2), 0.100 for all monitors specified in section (d)(3.2.1)(A)
through (C) above. For example, the 0. 100 ratio shall apply to the 2004,
2005, and 2006 model years for vehicles first certified in the 2004 model
year and to the 2007, 2008, and 2009 model years for vehicles first certi-
fied in the 2007 model year.
(ii) through the 201 4 model year, for fuel system air-fuel ratio cylinder
imbalance monitors, 0.100;
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(iii) through the 201 1 model year, for secondary exhaust gas sensor
monitors specified in (e)(7.2.2)(C), 0.100;
(iv) through the 2012 model year, for vehicles subject to the monitor-
ing requirements of section (f), 0. 100 for all monitors specified in section
(d)(3.2.1)(C) above.
(3.2.2) In addition to meeting the requirements of section (d)(3.2.1),
manufacturers shall implement software algorithms in the OBD II sys-
tem to individually track and report in-use performance of the following
monitors in the standardized format specified in section (d)(5):
a. Catalyst (section (e)(1.3) or, where applicable, (f)(l-3));
b. Oxygen/exhaust gas sensor (section (e)(7.3. 1)(A) or, where applica-
ble, (f)(5.3.1)(A));
c. Evaporative system (section (e)(4.3.2));
d. EGR system (section (e)(8.3.1)) and VVT system (section (e)(l 3.3)
or, where applicable, (f)(6.3.1)(A), (0(6.3.2), (f)(6.3.4), and, (f)(13.3));
e. Secondary air system (section (e)(5.3.2)(B));
f. PM filter (section (f)(9.3));
g. NOx adsorber (section (f)(8.3.1)) and NOx catalyst (section
(f)(2.3.1));
h. Secondary oxygen sensor (section (e)(7.3.2)(A)); and
i. Boost pressure control system (sections (f)(7.3.2) and (f)(7.3.3)).
The OBD II system is not required to track and report in-use performance
for monitors other than those specifically identified above.
(3.2.3) Manufacturers may not use the calculated ratio (or any element
thereof) or any other indication of monitor frequency as a monitoring
condition for any monitor (e.g., using a low ratio to enable more frequent
monitoring through diagnostic executive priority or modification of oth-
er monitoring conditions, or using a high ratio to enable less frequent
monitoring).
(4) In-Use Monitor Performance Ratio Definition.
(4. 1) For monitors required to meet the minimum in-use monitor per-
formance ratio in section (d)(3.2.1), the ratio shall be calculated in accor-
dance with the following specifications for the numerator, denominator,
and ratio.
(4.2) Numerator Specifications
(4.2.1) Definition: The numerator is defined as a measure of the num-
ber of times a vehicle has been operated such that all monitoring condi-
tions necessary for a specific monitor to detect a malfunction have been
encountered.
(4.2.2) Specifications for incrementing:
(A) Except as provided for in sections (d)(4.2.2)(E) and (F), the nu-
merator, when incremented, shall be incremented by an integer of one.
The numerator may not be incremented more than once per driving cycle.
(B) The numerator for a specific monitor shall be incremented within
ten seconds if and only if the following criteria are satisfied on a single
driving cycle:
(i) Every monitoring condition necessary for the monitor of the specif-
ic component to detect a malfunction and store a pending fault code has
been satisfied, including enable criteria, presence or absence of related
fault codes, sufficient length of monitoring time, and diagnostic execu-
tive priority assignments (e.g., diagnostic "A" must execute prior to diag-
nostic "B", etc.). For the purpose of incrementing the numerator, satisfy-
ing all the monitoring conditions necessary for a monitor to determine the
component is passing may not, by itself, be sufficient to meet this criteria;
(ii) For monitors that require multiple stages or events in a single driv-
ing cycle to detect a malfunction, every monitoring condition necessary
for all events to have completed must be satisfied;
(iii) For monitors that require intrusive operation of components to de-
tect a malfunction, a manufacturer shall request Executive Officer ap-
proval of the strategy used to determine that, had a malfunction been
present, the monitor would have detected the malfunction. Executive Of-
ficer approval of the request shall be based on the equivalence of the strat-
egy to actual intrusive operation and the ability of the strategy to accu-
rately determine if every monitoring condition necessary for the intrusive
event to occur was satisfied.
(iv) In addition to the requirements of section (d)(4.2.2)(B)(i) through
(iii) above, the secondary air system monitor numerator(s) shall be in-
cremented if and only if the criteria in section (B) above have been satis-
fied during normal operation of the secondary air system for vehicles that
require monitoring during normal operation (sections (e)(5.2.2) through
(5.2.4)). Monitoring during intrusive operation of the secondary air sys-
tem later in the same driving cycle solely for the purpose of monitoring
may not, by itself, be sufficient to meet this criteria.
(C) For monitors that can generate results in a "gray zone" or "non-
detection zone" (i.e., results that indicate neither a passing system nor a
malfunctioning system) or in a "non-decision zone" (e.g., monitors that
increment and decrement counters until a pass or fail threshold is
reached), the manufacturer shall submit a plan for appropriate increment-
ing of the numerator to the Executive Officer for review and approval.
In general, the Executive Officer shall not approve plans that allow the
numerator to be incremented when the monitor indicates a result in the
"non-detection zone" or prior to the monitor reaching a decision. In re-
viewing the plan for approval, the Executive Officer shall consider data
and/or engineering evaluation submitted by the manufacturer demon-
strating the expected frequency of results in the "non-detection zone"
and the ability of the monitor to accurately determine if a monitor would
have detected a malfunction instead of a result in the "non-detection
zone" had an actual malfunction been present.
(D) For monitors that run or complete during engine off operation, the
numerator shall be incremented within 10 seconds after the monitor has
completed during engine off operation or during the first 10 seconds of
engine start on the subsequent driving cycle.
(E) Except as specified in section (d)(4.2.2)(F) for exponentially
weighted moving averages, manufacturers utilizing alternate statistical
MIL illumination protocols as allowed in section (d)(2.2.6) for any of the
monitors requiring a numerator shall submit a plan for appropriate incre-
menting of the numerator to the Executive Officer for review and approv-
al. Executive Officer approval of the plan shall be conditioned upon the
manufacturer providing supporting data and/or engineering evaluation
for the proposed plan, the equivalence of the incrementing in the
manufacturer's plan to the incrementing specified in section (d)(4.2.2)
for monitors using the standard MIL illumination protocol, and the over-
all equivalence of the manufacturer's plan in determining that the mini-
mum acceptable in-use performance ratio in section (d)(3.2.1) is satis-
fied.
(F) Manufacturers using an exponentially weighted moving average
(EWMA) as the alternate statistical MIL illumination protocol approved
in accordance with section (d)(2.2.6) shall increment the numerator as
follows:
(i) Following a reset or erasure of the EWMA result, the numerator
may not be incremented until after the requisite number of decisions nec-
essary for MIL illumination have been fully executed.
(ii) After the number of decisions required in section (d)(4.2.2)(F)(i)
above, the numerator, when incremented, shall be incremented by an in-
teger of one and may not be incremented more than once per driving
cycle. Incrementing of the numerator shall also be in accordance with
sections (d)(4.2.2)(B), (C), and (D).
(4.3) Denominator Specifications
(4.3.1) Definition: The denominator is defined as a measure of the
number of times a vehicle has been operated as defined in (d)(4.3.2).
(4.3.2) Specifications for incrementing:
(A) The denominator, when incremented, shall be incremented by an
integer of one. The denominator may not be incremented more than once
per driving cycle.
(B) The denominator for each monitor shall be incremented within ten
seconds if and only if the following criteria are satisfied on a single driv-
ing cycle:
(i) Cumulative time since engine start is greater than or equal to 600
seconds while at an elevation of less than 8,000 feet above sea level and
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at an ambient temperature of greater than or equal to 20 degrees Fahren-
heit;
(ii) Cumulative vehicle operation at or above 25 miles per hour occurs
for greater than or equal to 300 seconds while ai an elevation of less than
8,000 feet above sea level and at an ambient temperature of greater than
or equal to 20 degrees Fahrenheit (medium-duty vehicles with diesel en-
gines certified on an engine dynamometer may use cumulative operation
at or above 15% calculated load in lieu of at or above 25 miles per hour
for purposes of this criteria);
(iii) Continuous vehicle operation at idle (i.e., accelerator pedal re-
leased by driver and vehicle speed less than or equal to one mile per hour)
for greater than or equal to 30 seconds while at an elevation of less than
8,000 feet above sea level and at an ambient temperature of greater than
or equal to 20 degrees Fahrenheit;
(C) In addition to the requirements of section (d)(4.3.2)(B) above, the
secondary air system monitor denominator(s) shall be incremented if and
only if commanded "on" operation of the secondary air system occurs for
a time greater than or equal to ten seconds. For purposes of determining
this commanded "on" time, the OBD II system may not include time dur-
ing intrusive operation of the secondary air system solely for the purposes
of monitoring;
(D) In addition to the requirements of section (d)(4.3.2)(B) above, the
evaporative system monitor denominator(s) shall be incremented if and
only if:
(i) Cumulative time since engine start is greater than or equal to 600
seconds while at an ambient temperature of greater than or equal to 40
degrees Fahrenheit but less than or equal to 95 degrees Fahrenheit; and
(ii) Engine cold start occurs with engine coolant temperature at engine
start greater than or equal to 40 degrees Fahrenheit but less than or equal
to 95 degrees Fahrenheit and less than or equal to 12 degrees Fahrenheit
higher than ambient temperature at engine start.
(E) In addition to the requirements of section (d)(4.3.2)(B) above, the
denominator(s) for the following monitors shall be incremented if and
only if the component or strategy is commanded "on" for a time greater
than or equal to ten seconds:
(i) Heated catalyst (section (e)(2))
(ii) Cold Start Emission Reduction Strategy (sections (e)(ll) and
(0(12))
(iii) Components or systems that operate only at engine start-up (e.g.,
glow plugs, intake air heaters, etc.) and are subject to monitoring under
"other emission control or source devices" (sections (e)(16) and (f)(16))
or comprehensive component output components (sections (e)(15) and
(0(15))
For purposes of determining this commanded "on" time, the OBD II
system may not include time during intrusive operation of any of the
components or strategies later in the same driving cycle solely for the
purposes of monitoring.
(F) In addition to the requirements of section (d)(4.3.2)(B) above, the
denominator s) for the following monitors of output components (except
those operated only at engine start-up and subject to the requirements of
the previous section (d)(4.3.2)(E)) shall be incremented if and only if the
component is commanded to function (e.g., commanded "on", "open",
"closed", "locked", etc.) on two or more occasions for greater than two
seconds during the driving cycle or for a cumulative time greater than or
equal to ten seconds, whichever occurs first:
(i) Air conditioning system (section (e)(12))
(ii) Variable valve timing and/or control system (sections (e)(13) and
(0(13))
(iii) "Other emission control or source device" (sections (e)(16) and
(0(16))
(iv) Comprehensive component output component (sections (e)(15)
and (0(15)) (e.g., turbocharger waste-gates, variable length manifold
runners, torque converter clutch lock-up solenoids, etc.)
(G) For the following monitors, the denominator(s) shall be increm-
ented by one if and only if, in addition to meeting the requirements of sec-
tion (d)(4.3.2)(B) on at least one driving cycle, at least 500 cumulative
miles of vehicle operation have been experienced since the last time the
denominator was incremented:
(i) Diesel NMHC converting catalyst (section (0(1))
(ii) Diesel PM filter (section (f)(9))
(H) For monitors of the following components, the manufacturer may
request Executive Officer approval to use alternate or additional criteria
to that set forth in section (d)(4.3.2)(B) above for incrementing the de-
nominator. Executive Officer approval of the proposed criteria shall be
based on the equivalence of the proposed criteria in measuring the fre-
quency of monitor operation relative to the amount of vehicle operation
in accordance with the criteria in section (d)(4.3.2)(B) above:
(i) Engine cooling system input components (sections (e)(10) and
(0(H))
(ii) Air conditioning system input components (section (e)(J2))
(iii) Direct ozone reduction systems (section (e)(14))
(iv) "Other emission control or source devices" (sections (e)(16) and
(0(16))
(v) Comprehensive component input components that require ex-
tended monitoring evaluation (sections (e)(15) and (0(15)) (e.g., stuck
fuel level sensor rationality)
(vi) Comprehensive component input component temperature sensor
rationality monitors (sections (e)(15) and (0(15)) (e.g, intake air temper-
ature sensor, ambient temperature sensor, fuel temperature sensor)
(I) For hybrid vehicles, vehicles that employ alternate engine start
hardware or strategies (e.g., integrated starter and generators), or alter-
nate fuel vehicles (e.g., dedicated, bi-fuel, or dual-fuel applications), the
manufacturer may request Executive Officer approval to use alternate
criteria to that set forth in section (d)(4.3.2)(B) above for incrementing
the denominator. In general, the Executive Officer shall not approve al-
ternate criteria for vehicles that only employ engine shut off at or near
idle/vehicle stop conditions. Executive Officer approval of the alternate
criteria shall be based on the equivalence of the alternate criteria to deter-
mine the amount of vehicle operation relative to the measure of conven-
tional vehicle operation in accordance with the criteria in section
(d)(4.3.2)(B) above.
(4.4) Ratio Specifications
(4.4. 1) Definition: The ratio is defined as the numerator divided by the
denominator.
(4.5) Disablement of Numerators and Denominators
(4.5.1) Within ten seconds of a malfunction that disables a monitor re-
quired to meet the monitoring conditions in section (d)(3.2.1) being de-
tected (i.e., a pending or confirmed code is stored), the OBD II system
shall disable further incrementing of the corresponding numerator and
denominator for each monitor that is disabled. When the malfunction is
no longer detected (i.e., the pending code is erased through self-clearing
or through a scan tool command), incrementing of all corresponding nu-
merators and denominators shall resume within ten seconds.
(4.5.2) Within ten seconds of the start of a PTO (see section (c)) opera-
tion that disables a monitor required to meet the monitoring conditions
in section (d)(3.2.1), the OBD II system shall disable further increment-
ing of the corresponding numerator and denominator for each monitor
that is disabled. When the PTO operation ends, incrementing of all corre-
sponding numerators and denominators shall resume within ten seconds.
(4.5.3) The OBD II system shall disable further incrementing of all nu-
merators and denominators within ten seconds if a malfunction of any
component used to determine if the criteria in sections (d)(4.3.2)(B)
through (D) are satisfied (i.e., vehicle speed, ambient temperature, eleva-
tion, idle operation, engine cold start, or time of operation) has been de-
tected and the corresponding pending fault code has been stored. Incre-
menting of all numerators and denominators shall resume within ten
seconds when the malfunction is no longer present (e.g., pending code
erased through self-clearing or by a scan tool command).
(5) Standardized tracking and reporting of monitor performance.
(5.1) For monitors required to track and report in-use monitor perfor-
mance in section (d)(3.2.2), the performance data shall be tracked and re-
ported in accordance with the specifications in sections (d)(4), (d)(5), and
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(g)(5). The OBD II system shall separately report an in-use monitor per-
formance numerator and denominator for each of the following compo-
nents: catalyst bank I, catalyst bank 2, primary oxygen/exhaust gas sen-
sor bank 1 , primary oxygen/exhaust gas sensor bank 2, evaporative 0.020
inch leak detection system, EGR/VVT system, secondary air system, PM
filter, NOx aftertreatment (e.g.. NOx adsorber, NOx catalyst), secondary
oxygen sensor, and boost pressure control system. The OBD II system
shall also report a general denominator and an ignition cycle counter in
the standardized format specified in sections (d)(5.5), (d)(5.6) and (g)(5).
(5.2) Numerator
(5.2.1) The OBD II system shall report a separate numerator for each
of the components listed in section (d)(5.1).
(5.2.2) For specific components or systems that have multiple moni-
tors that are required to be reported under sections (e) or (f) (e.g., oxygen
sensor bank 1 may have multiple monitors for sensor response or other
sensor characteristics), the OBD II system shall separately track numera-
tors and denominators for each of the specific monitors and report only
the corresponding numerator and denominator for the specific monitor
that has the lowest numerical ratio. If two or more specific monitors have
identical ratios, the corresponding numerator and denominator for the
specific monitor that has the highest denominator shall be reported for the
specific component.
(5.2.3) The numerator(s) shall be reported in accordance with the spec-
ifications in section (g)(5.2.1).
(5.3) Denominator
(5.3.1) The OBD II system shall report a separate denominator for
each of the components listed in section (d)(5.1).
(5.3.2) The denominator(s) shall be reported in accordance with the
specifications in section (g)(5.2.1).
(5.4) Ratio
(5.4.1) For purposes of determining which corresponding numerator
and denominator to report as required in section (d)(5.2.2), the ratio shall
be calculated in accordance with the specifications in section (g)(5.2.2).
(5.5) Ignition cycle counter
(5.5.1) Definition:
(A) The ignition cycle counter is defined as a counter that indicates the
number of ignition cycles a vehicle has experienced as defined in section
(d)(5.5.2)(B).
(B) The ignition cycle counter shall be reported in accordance with the
specifications in section (g)(5.2.1).
(5.5.2) Specifications for incrementing:
(A) The ignition cycle counter, when incremented, shall be increm-
ented by an integer of one. The ignition cycle counter may not be increm-
ented more than once per driving cycle.
(B) The ignition cycle counter shall be incremented within ten seconds
if and only if the vehicle meets the engine start definition (see section (c))
for at least two seconds plus or minus one second.
(C) The OBD II system shall disable further incrementing of the igni-
tion cycle counter within ten seconds if a malfunction of any component
used to determine if the criteria in section (d)(5.5.2)(B) are satisfied (i.e.,
engine speed or time of operation) has been detected and the correspond-
ing pending fault code has been stored. The ignition cycle counter may
not be disabled from incrementing for any other condition. Incrementing
of the ignition cycle counter shall resume within ten seconds when the
malfunction is no longer present (e.g., pending code erased through self-
clearing or by a scan tool command).
(5.6) General Denominator
(5.6.1) Definition:
(A) The general denominator is defined as a measure of the number of
times a vehicle has been operated as defined in section (d)(5.6.2)(B).
(B) The general denominator shall be reported in accordance with the
specifications in section (g)(5.2.1).
(5.6.2) Specifications for incrementing:
(A) The genera] denominator, when incremented, shall be increm-
ented by an integer of one. The general denominator may not be increm-
ented more than once per driving cycle.
(B) The general denominator shall be incremented within ten seconds
if and only if the criteria identified in section (d)(4.3.2)(B) are satisfied
on a single driving cycle.
(C) The OBD II system shall disable further incrementing of the gener-
al denominator within ten seconds if a malfunction of any component
used to determine if the criteria in section (d)(4.3.2)(B) are satisfied (i.e.,
vehicle speed, ambient temperature, elevation, idle operation, or time of
operation) has been detected and the corresponding pending fault code
has been stored. The general denominator may not be disabled from in-
crementing for any other condition (e.g., the disablement criteria in sec-
tions (d)(4.5.1) and (d)(4.5.2) may not disable the general denominator).
Incrementing of the general denominator shall resume within ten seconds
when the malfunction is no longer present (e.g., pending code erased
through self-clearing or by a scan tool command).
(6) Malfunction Criteria Determination for Diesel Vehicles.
(6. J ) For 2010 and subsequent model year medium-duty vehicles cer-
tified to an engine dynamometer exhaust emission standard, in determin-
ing the malfunction criteria for diesel engine monitors in section (f) that
are required to indicate a malfunction before emissions exceed an emis-
sion threshold based on the applicable standard, the manufacturer shall:
(6. 1.1) Use the emission test cycle and standard (i.e., FTP or SET) de-
termined by the manufacturer, through use of data and/or engineering
analysis, to be more stringent (i.e., to result in higher emissions with the
same level of monitored component malfunction) as the "applicable stan-
dard".
(6.1.2) Identify in the certification documentation required under sec-
tion (i) the test cycle and standard determined by the manufacturer to be
more stringent for each applicable monitor.
(6. 1 .3) If the Executive Officer reasonably believes that a manufactur-
er has incorrectly determined the test cycle and standard that is more
stringent, the Executive Officer shall require the manufacturer to provide
emission data and/or engineering analysis showing that the other test
cycle and standard are less stringent.
(6.2) For 2007 and subsequent model year light-duty and medium-
duty vehicles equipped with emission controls that experience infrequent
regeneration events (e.g., active PM filter regeneration, NOx adsorber
desulfation), a manufacturer shall adjust the emission test results that are
used to determine the malfunction criterion for monitors that are required
to indicate a malfunction before emissions exceed a certain emission
threshold. For each monitor on medium-duty vehicles using engines cer-
tified on an engine dynamometer, the manufacturer shall adjust the emis-
sion result using the procedure described in CFR title 40, part
86.004-28(i) with the component for which the malfunction criteria is
being established deteriorated to the malfunction threshold. For light-
duty and medium-duty vehicles certified on a chassis dynamometer, the
manufacturer shall submit a plan for Executive Officer approval to adjust
the emission results using an approach similar to the procedure described
in CFR title 40, part 86.004-28(i). Executive Officer approval shall be
based on the effectiveness of the proposed plan to quantify the emission
impact and frequency of regeneration events. The adjusted emission val-
ue shall be used for purposes of determining whether or not the specified
emission threshold is exceeded (e.g., a malfunction must be detected be-
fore the adjusted emission value exceeds 1.5 times any applicable stan-
dard).
(6.2.1) For purposes of section (d)(6.2), "regeneration" means an
event during which emission levels change while the emission control
performance is being restored by design.
(6.2.2) For purposes of section (d)(6.2), "infrequent" means having an
expected frequency of less than once per FTP cycle.
(6.2.3) Except as specified in section (d)(6.2.4) for NMHC catalyst
monitoring, for 2007 through 2009 model year vehicles, in lieu of estab-
lishing the adjustment factor for each monitor with the component for
which the malfunction criteria is being established deteriorated to the
malfunction threshold as required in section (d)(6.2), the manufacturer
may use the adjustment factor established for certification (e.g., without
components deteriorated to the malfunction threshold).
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(6.2.4) For NMHC catalyst monitoring (section (f)(1)) on 2008 and
subsequent model year vehicles, a manufacturer shall establish the ad-
justment factor for the NMHC catalyst monitor with the NMHC catalyst
deteriorated to the malfunction threshold as required in section (d)(6.2).
In lieu of establishing this adjustment factor for 2008 and 2009 model
year vehicles, a manufacturer may provide emission data demonstrating
that the worst case emission levels from a deteriorated NMHC catalyst
are below the malfunction threshold specified in section (f)(1.2.2). The
demonstration shall include emission testing with a NMHC catalyst dete-
riorated to the malfunction threshold or worse and with both the infre-
quent regeneration event occurring and without it occurring. The
manufacturer shall calculate the worst case emission level by applying
the frequency factor ("F" as calculated according to CFR, title 40, part
86.004-28(i)) of the infrequent regeneration event used for tailpipe certi-
fication to the measured emissions with the infrequent regeneration event
occurring and adding that result to the measured emissions without the
infrequent regeneration event occurring. This calculated final sum shall
be used as the adjusted emission level and compared to the malfunction
threshold for purposes of determining compliance with the monitoring
requirements. The manufacturer shall submit a test plan for Executive
Officer approval describing the emission testing procedure and how the
worst case components will be established. The Executive Officer shall
approve it upon finding the test procedure and components used will like-
ly generate a worst case emission level.
(6.2.5) For purposes of determining the adjustment factors for each
monitor, the manufacturer shall submit engineering data, analysis, and/or
emission data to the Executive Officer for approval. The Executive Offi-
cer shall approve the factors upon finding the submitted information sup-
ports the adjustment factors.
(6.2.6) For purposes of enforcement testing in accordance with section
(d)(7) and title 13, CCR section 1968.5, the adjustment factors estab-
lished for each monitor by the manufacturer according to section (d)(6.2)
shall be used when determining compliance with emission thresholds.
(6.3) For every 2007 through 2012 model year light-duty vehicle test
group certified to the higher allowable emission thresholds specified in
section (f) (e.g., 5.0 or 3.0 times the applicable standards for NMHC con-
verting catalyst monitoring) for vehicles prior to the 2013 model year:
(6.3.1 ) The manufacturer shall conduct in-use enforcement testing for
compliance with the tailpipe emission standards in accordance with title
13, CCR sections 2136 through 2140. Within six months after OBD II
certification of a test group, the manufacturer shall submit a plan for con-
ducting the testing to the Executive Officer for approval. The Executive
Officer shall approve the plan upon determining that the testing will be
done in accordance with the procedures used by ARB when conducting
such testing, that the plan will allow for a valid sample of at least 10 ve-
hicles in the mileage range of 30,000 to 40,000 miles for comparison to
the FTP intermediate (e.g., 50,000 mile) useful life standard and at least
10 vehicles in the mileage range of 90,000 to 100,000 miles for compari-
son to the FTP full useful life standard, and that copies of all records and
data collected during the program will be provided to ARB. Manufactur-
ers may also submit testing plans and supporting data for Executive Offi-
cer approval that differ from compliance testing under title 1 3, CCR, sec-
tions 2136 through 2140. The Executive Officer shall also approve the
plans upon determining that the plan provides equivalent assurance in
verifying vehicles are meeting the tailpipe emission standards within the
useful life. The Executive Officer may use the submitted data in lieu of
or in addition to data collected pursuant to title 13, CCR section 2139 for
purposes of the notification and use of test results described in title 13,
CCR section 2140; and
(6.3.2) The certification shall be conditioned upon the manufacturer
agreeing that, for any test group(s) determined to be noncompliant in ac-
cordance with title 13, CCR section 2140 or title 13, CCR section 1968.5,
the Executive Officer shall determine the excess emissions caused by the
noncompliance and the manufacturer shall fund a program(s) that will
offset any such excess emissions.
(7) Enforcement Testing.
(7.1) The procedures used to assure compliance with the requirements
of title 13, CCR section 1968.2 are set forth in title 13, CCR section
1968.5.
(7.2) Consistent with the requirements of title 13, CCR section
1968.5(b)(4)(A) for enforcement OBD II emission testing, the manufac-
turer shall make available upon request by the Executive Officer all test
equipment (e.g., malfunction simulators, deteriorated "threshold" com-
ponents, etc.) necessary to determine the malfunction criteria in sections
(e) and (f) for major monitors subject to OBD II emission testing as de-
fined in title 1 3, CCR section 1968.5. To meet the requirements of this
section, the manufacturers shall only be required to make available test
equipment necessary to duplicate "threshold" testing performed by the
manufacturer. This test equipment shall include, but is not limited to,
aged "threshold" catalyst systems and computer equipment used to simu-
late misfire, oxygen sensor, fuel system, VVT system, and cold start re-
duction strategy system faults. The manufacturer is not required to make
available test equipment for vehicles that exceed the applicable full use-
ful life age (e.g., 10 years for vehicles certified to a full useful life of 10
years and 100,000 miles).
(e) Monitoring Requirements for Gasoline/Spark-Ignited Engines.
(1) Catalyst Monitoring
(1.1) Requirement: The OBD II system shall monitor the catalyst sys-
tem for proper conversion capability.
(1.2) Malfunction Criteria:
(1 .2. 1) Low Emission Vehicle I applications: The OBD II system shall
detect a catalyst system malfunction when the catalyst system's conver-
sion capability decreases to the point that either of the following occurs:
(A) Non-Methane Organic Gas (NMOG) emissions exceed 1.75
times the FTP full useful life standards to which the vehicle has been cer-
tified with NMOG emissions multiplied by the certification reactivity ad-
justment factor for the vehicle;
(B) The average FTP test Non-Methane Hydrocarbon (NMHC) con-
version efficiency of the monitored portion of the catalyst system falls
below 50 percent (i.e., the cumulative NMHC emissions measured at the
outlet of the monitored catalyst(s) are more than 50 percent of the cumu-
lative engine-out emissions measured at the inlet of the catalyst(s)). With
Executive Officer approval, manufacturers may use a conversion effi-
ciency malfunction criteria of less than 50 percent if the catalyst system
is designed such that the monitored portion of the catalyst system must
be replaced along with an adjacent portion of the catalyst system suffi-
cient to ensure that the total portion replaced will meet the 50 percent con-
version efficiency criteria. Executive Officer approval shall be based on
data and/or engineering evaluation demonstrating the conversion effi-
ciency of the monitored portion and the total portion designed to be re-
placed, and the likelihood of the catalyst system design to ensure replace-
ment of the monitored and adjacent portions of the catalyst system.
(1.2.2) Low Emission Vehicle 11 applications and all 2009 and subse-
quent model year vehicles:
(A) 2004 model year vehicles.
(i) All LEV II, ULEV II, and MDV SULEV II vehicles shall use the
malfunction criteria specified for Low Emission Vehicle I applications
in section (e)(1.2.1).
(ii) All PC/LDT SULEV II vehicles shall use the malfunction criteria
specified for Low Emission Vehicle I applications in section (e)(1.2.1)
except the malfunction criterion in paragraph (e)(1.2.1)(A) shall be 2.5
times the applicable FTP full useful life NMOG standard.
(B) Except as provided below in section (e)(1.2.4), for 2005 through
2008 model years, the OBD II system shall detect a catalyst system mal-
function when the catalyst system's conversion capability decreases to
the point that any of the following occurs:
(i) For all vehicles other than PC/LDT SULEV II vehicles.
a. NMOG emissions exceed the criteria specified for Low Emission
Vehicle I applications in section (e)(1.2.1)(A).
b. The average FTP test NMHC conversion efficiency is below the cri-
teria specified for Low Emission Vehicle I applications in section
(e)(1.2.1)(B).
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Register 2007, No. 45; 11-9-2007
Title 13
Air Resources Board
§ 1968.2
•
c. Oxides of nitrogen (NOx) emissions exceed 3.5 times the FTP full
useful life NOx standard to which the vehicle has been certified.
(ii) PC/LDT SULEV II vehicles shall use the same malfunction crite-
ria as 2005 through 2008 model year LEV II, ULEV II, and MDV SU-
LEV II vehicles (section (e)(l .2.2)(B)(i)) except the malfunction criteria
in paragraph a. shall be 2.5 times the applicable FTP full useful life
NMOG standard.
(C) Except as provided below in section (e)( 1.2.5), for 2009 and subse-
quent model years, the OBD II system shall detect a catalyst system mal-
function when the catalyst system's conversion capability decreases to
the point that any of the following occurs.
(i) For all vehicles other than PC/LDT SULEV II vehicles.
a. NMOG emissions exceed the criteria specified for Low Emission
Vehicle I applications in section (e)(1.2.I)(A).
b. The average FTP test NMHC conversion efficiency is below the cri-
teria specified for Low Emission Vehicle I applications in section
(e)(1.2.1)(B).
c. NOx emissions exceed 1 .75 times the FTP full useful life NOx stan-
dard to which the vehicle has been certified.
(ii) For PC/LDT SULEV 11 vehicles.
a. NMOG emissions exceed 2.5 times the applicable FTP full useful
life NMOG standard to which the vehicle has been certified.
b. The average FTP test NMHC conversion efficiency is below the cri-
teria specified for Low Emission Vehicle I applications in section
(e)(1.2.1)(B).
c. NOx emissions exceed 2.5 times the applicable FTP full useful life
NOx standard to which the vehicle has been certified.
(1.2.3) 2004 through 2008 model year non-Low Emission Vehicle I
or II applications: The OBD II system shall detect a catalyst system mal-
function when the catalyst system's conversion capability decreases to
the point that NMHC emissions increase by more than 1.5 times the ap-
plicable FTP full useful life standards over an FTP test performed with
a representative 4000 mile catalyst system.
(1.2.4) In lieu of using the malfunction criteria in section (e)(1.2.2)(B)
for all 2005 and 2006 model year Low Emission Vehicle II applications,
a manufacturer may phase-in the malfunction criteria on a portion of its
Low Emission Vehicle II applications as long as that portion of Low
Emission Vehicle II applications comprises at least 30 percent of all 2005
model year vehicles and 60 percent of all 2006 model year vehicles. For
2005 and 2006 model year Low Emission Vehicle II applications not in-
cluded in the phase-in, the malfunction criteria in section (e)(1.2.2)(A)
shall be used.
(1.2.5) In lieu of using the malfunction criteria in section (e)(l .2.2)(C)
for all 2009 model year vehicles, for the 2009 model year only, a
manufacturer may continue to use the malfunction criteria in section
(e)(1.2.2)(B) for any vehicles previously certified in the 2005, 2006,
2007, or 2008 model year to the malfunction criteria in section
(e)(1.2.2.)(B) and carried over to the 2009 model year.
(1.2.6) For purposes of determining the catalyst system malfunction
cri teria in sections (e)(l. 2. 1),(1.2.2)(A), and (1.2.3), the malfunction cri-
teria shall be established by using a catalyst system with all monitored
catalysts simultaneously deteriorated to the malfunction criteria while
unmonitored catalysts shall be deteriorated to the end of the vehicle's full
useful life.
(1.2.7) For purposes of determining the catalyst system malfunction
criteria in sections (e)(1.2.2)(B) and (C):
(A) The manufacturer shall use a catalyst system deteriorated to the
malfunction criteria using methods established by the manufacturer to
represent real world catalyst deterioration under normal and malfunc-
tioning operating conditions.
(B) Except as provided below in section (e)(1.2.7)(C), the malfunction
criteria shall be established by using a catalyst system with all monitored
and unmonitored (downstream of the sensor utilized for catalyst monitor-
ing) catalysts simultaneously deteriorated to the malfunction criteria.
(C) For vehicles using fuel shutoff to prevent over-fueling during mis-
fire conditions (see section (e)(3.4.1)(D)), the malfunction criteria shall
be established by using a catalyst system with all monitored catalysts si-
multaneously deteriorated to the malfunction criteria while unmonitored
catalysts shall be deteriorated to the end of the vehicle's full useful life.
(1 .3) Monitoring Conditions: Manufacturers shall define the monitor-
ing conditions for malfunctions identified in section (e)(1.2) in accor-
dance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio require-
ments). For purposes of tracking and reporting as required in section
(d)(3.2.2), all monitors used to detect malfunctions identified in section
(e)(1.2) shall be tracked separately but reported as a single set of values
as specified in section (d)(5.2.2).
(1.4) MIL Illumination and Fault Code Storage:
( 1 .4. 1 ) General requirements for MIL illumination and fault code stor-
age are set forth in section (d)(2).
(1.4.2) The monitoring method for the catalyst(s) shall be capable of
detecting when a catalyst fault code has been cleared (except OBD 11 sys-
tem self-clearing), but the catalyst has not been replaced (e.g., catalyst
overtemperature approaches may not be acceptable).
(2) Heated Catalyst Monitoring
(2.1) Requirement:
(2.1.1) The OBD II system shall monitor all heated catalyst systems
for proper heating.
(2.1.2) The efficiency of heated catalysts shall be monitored in con-
junction with the requirements of section (e)(1).
(2.2) Malfunction Criteria:
(2.2. 1 ) The OBD II system shall detect a catalyst heating system mal-
function when the catalyst does not reach its designated heating tempera-
ture within a requisite time period after engine starting. The manufacturer
shall determine the requisite time period, but the time period may not ex-
ceed the time that would cause emissions from a vehicle equipped with
the heated catalyst system to exceed 1 .75 times any of the applicable FTP
full useful life standards.
(2.2.2) Manufacturers may use other monitoring strategies for the
heated catalyst but must submit the alternate plan to the Executive Offi-
cer for approval. The Executive Officer shall approve alternate strategies
for monitoring heated catalyst systems based on comparable reliability
and timeliness to these requirements in detecting a catalyst heating mal-
function.
(2.3) Monitoring Conditions: Manufacturers shall define the monitor-
ing conditions for malfunctions identified in section (e)(2.2) in accor-
dance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio require-
ments).
(2.4) MIL Illumination and Fault Code Storage: General requirements
for MIL illumination and fault code storage are set forth in section (d)(2).
(3) Misfire Monitoring
(3.1) Requirement:
(3.1.1) The OBD II system shall monitor the engine for misfire causing
catalyst damage and misfire causing excess emissions.
(3.1.2) The OBD II system shall identify the specific cylinder that is
experiencing misfire. Manufacturers may request Executive Officer ap-
proval to store a general misfire fault code instead of a cylinder specific
fault code under certain operating conditions. The Executive Officer
shall approve the request upon determining that the manufacturer has
submitted data and/or an engineering evaluation that demonstrate that the
misfiring cylinder cannot be reliably identified when the conditions oc-
cur.
(3.1.3) If more than one cylinder is misfiring, a separate fault code
shall be stored indicating that multiple cylinders are misfiring except as
allowed below. When identifying multiple cylinder misfire, the
manufacturer is not required to also identify each of the misfiring cylin-
ders individually through separate fault codes. For 2005 and subsequent
model year vehicles, if more than 90 percent of the detected misfires oc-
cur in a single cylinder, the manufacturer may elect to store the appropri-
ate fault code indicating the specific misfiring cylinder in lieu of the mul-
tiple cylinder misfire fault code. If, however, two or more cylinders
individually have more than 10 percent of the total number of detected
misfires, a multiple cylinder fault code must be stored.
Page 236.20(i)
Registei 2007, No. 45; 11-9-2007
§ 1968.2
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(3.2) Malfunction Criteria: The OBD IT system shall detect a misfire
malfunction pursuant to the following:
(3.2.1) Misfire causing catalyst damage:
(A) Manufacturers shall determine the percentage of misfire evaluated
in 200 revolution increments for each engine speed and load condition
that would result in a temperature that causes catalyst damage. The
manufacturer shall submit documentation to support this percentage of
misfire as required in section (i)(2.5). For every engine speed and load
condition that this percentage of misfire is determined to be lower than
five percent, the manufacturer may set the malfunction criteria at five
percent.
(B) Subject to Executive Officer approval, a manufacturer may
employ a longer interval than 200 revolutions but only for determining,
on a given driving cycle, the first misfire exceedance as provided in sec-
tion (e)(3.4.1)(A) below. Executive Officer approval shall be granted
upon determining that the manufacturer has submitted data and/or an en-
gineering evaluation that demonstrate that catalyst damage would not oc-
cur due to unacceptably high catalyst temperatures before the interval has
elapsed.
(C) A misfire malfunction shall be detected if the percentage of misfire
established in section (e)(3.2.1)(A) is exceeded.
(D) For purposes of establishing the temperature at which catalyst
damage occurs as required in section (e)(3.2.I)(A), on 2005 and subse-
quent model year vehicles, manufacturers may not define catalyst dam-
age at a temperature more severe than what the catalyst system could be
operated at for ten consecutive hours and still meet the applicable FTP
full useful life standards.
(3.2.2) Misfire causing emissions to exceed 1.5 times the FTP stan-
dards:
(A) Manufacturers shall determine the percentage of misfire evaluated
in 1000 revolution increments that would cause emissions from an emis-
sion durability demonstration vehicle to exceed 1.5 times any of the ap-
plicable FTP standards if the percentage of misfire were present from the
beginning of the test. To establish this percentage of misfire, the
manufacturer shall utilize misfire events occurring at equally spaced,
complete engine cycle intervals, across randomly selected cylinders
throughout each 1000-re volution increment. If this percentage of misfire
is determined to be lower than one percent, the manufacturer may set the
malfunction criteria at one percent.
(B) Subject to Executive Officer approval, a manufacturer may
employ other revolution increments. The Executive Officer shall grant
approval upon determining that the manufacturer has demonstrated that
the strategy would be equally effective and timely in detecting misfire.
(C) A malfunction shall be detected if the percentage of misfire estab-
lished in section (3.2.2)(A) is exceeded regardless of the pattern of mis-
fire events (e.g., random, equally spaced, continuous, etc.).
(3.3) Monitoring Conditions:
(3.3.1) Manufacturers shall continuously monitor for misfire under the
following conditions:
(A) From no later than the end of the second crankshaft revolution after
engine start,
(B) While under positive torque conditions during the rise time and
settling time for engine speed to reach the desired idle engine speed at
engine start-up (i.e., "flare-up" and "flare-down"), and
(C) Under all positive torque engine speeds and load conditions except
within the following range: the engine operating region bound by the
positive torque line (i.e., engine load with the transmission in neutral),
and the two following engine operating points: an engine speed of 3000
rpm with the engine load at the positive torque line, and the redline engine
speed (defined in section (c)) with the engine's manifold vacuum at four
inches of mercury lower than that at the positive torque line.
(3.3.2) If a monitoring system cannot detect all misfire patterns under
all required engine speed and load conditions as required in section
(e)(3.3.1) above, the manufacturer may request Executive Officer ap-
proval to accept the monitoring system. In evaluating the manufacturer's
request, the Executive Officer shall consider the following factors: the
magnitude of the region(s) in which misfire detection is limited, the de-
gree to which misfire detection is limited in the region(s) (i.e., the proba-
bility of detection of misfire events), the frequency with which said re-
gion^) are expected to be encountered in-use, the type of misfire
patterns for which misfire detection is troublesome, and demonstration
that the monitoring technology employed is not inherently incapable of
detecting misfire under required conditions (i.e., compliance can be
achieved on other engines). The evaluation shall be based on the follow-
ing misfire patterns: equally spaced misfire occurring on randomly se-
lected cylinders, single cylinder continuous misfire, and paired cylinder
(cylinders firing at the same crank angle) continuous misfire.
(3.3.3) A manufacturer may request Executive Officer approval of a
monitoring system that has reduced misfire detection capability during
the portion of the first 1000 revolutions after engine start that a cold start
emission reduction strategy that reduces engine torque (e.g., spark retard
strategies) is active. The Executive Officer shall approve the request
upon determining that the manufacturer has demonstrated that the proba-
bility of detection is greater than or equal to 75 percent during the worst
case condition (i.e., lowest generated torque) for a vehicle operated con-
tinuously at idle (park/neutral idle) on a cold start between 50-86 degrees
Fahrenheit and that the technology cannot reliably detect a higher per-
centage of the misfire events during the conditions.
(3.3.4) A manufacturer may request Executive Officer approval to dis-
able misfire monitoring or employ an alternate malfunction criterion
when misfire cannot be distinguished from other effects.
(A) Upon determining that the manufacturer has presented documen-
tation that demonstrates the disablement interval or period of use of an
alternate malfunction criterion is limited only to that necessary for avoid-
ing false detection, the Executive Officer shall approve the disablement
or use of the alternate malfunction criterion for conditions involving:
(i) rough road,
(ii) fuel cut,
(iii) gear changes for manual transmission vehicles,
(iv) traction control or other vehicle stability control activation such
as anti-lock braking or other engine torque modifications to enhance ve-
hicle stability,
(v) off-board control or intrusive activation of vehicle components or
diagnostics during service or assembly plant testing,
(vi) portions of intrusive evaporative system or EGR diagnostics that
can significantly affect engine stability (i.e., while the purge valve is
open during the vacuum pull-down of a evaporative system leak check
but not while the purge valve is closed and the evaporative system is
sealed or while an EGR diagnostic causes the EGR valve to be intrusively
cycled on and off during positive torque conditions), or
(vii) engine speed, load, or torque transients due to throttle movements
more rapid than occurs over the US06 cycle for the worst case vehicle
within each test group.
(B) Additionally, the Executive Officer will approve a manufacturer's
request in accordance with sections (e)(17.3), (17.4), and (17.6) to dis-
able misfire monitoring when fuel level is 15 percent or less of the nomi-
nal capacity of the fuel tank, when PTO units are active, or while engine
coolant temperature is below 20 degrees Fahrenheit. The Executive Offi-
cer will approve a request to continue disablement on engine starts when
engine coolant temperature is below 20 degrees Fahrenheit at engine start
until engine coolant temperature exceeds 70 degrees Fahrenheit.
(C) In general, for 2005 and subsequent model year vehicles, the
Executive Officer shall not approve disablement for conditions involv-
ing normal air conditioning compressor cycling from on-to-off or off-
to-on, automatic transmission gear shifts (except for shifts occurring
during wide open throttle operation), transitions from idle to off-idle,
normal engine speed or load changes that occur during the engine speed
rise time and settling time (i.e., "flare-up" and "flare-down") immedi-
ately after engine starting without any vehicle operator-induced actions
(e.g., throttle stabs), or excess acceleration (except for acceleration rates
that exceed the maximum acceleration rate obtainable at wide open
Page 236.20(j)
Register 2007, No. 45; 11-9-2007
Title 13
Air Resources Board
§ 1968.2
throttle while the vehicle is in gear due to abnormal conditions such as
slipping of a clutch).
(D) The Executive Officer may approve misfire monitoring disable-
ment or use of an alternate malfunction criterion for any other condition
on a case by case basis upon determining that the manufacturer has dem-
onstrated that the request is based on an unusual or unforeseen circum-
stance and that it is applying the best available computer and monitoring
technology.
(3.3.5) For engines with more than eight cylinders that cannot meet the
requirements of section (e)(3.3.1), a manufacturer may request Execu-
tive Officer approval to use alternative misfire monitoring conditions.
The Executive Officer shall approve the request upon determining that
the manufacturer has submitted data and/or an engineering evaluation
which demonstrate that misfire detection throughout the required operat-
ing region cannot be achieved when employing proven monitoring
technology (i.e., a technology that provides for compliance with these re-
quirements on other engines) and provided misfire is detected to the full-
est extent permitted by the technology. However, the Executive Officer
may not grant the request if the misfire detection system is unable to mon-
itor during all positive torque operating conditions encountered during
an FTP cycle.
(3.4) MIL Illumination and Fault Code Storage:
(3.4.1) Misfire causing catalyst damage. Upon detection of the per-
centage of misfire specified in section (e)(3.2. 1 ) above, the following cri-
teria shall apply for MIL illumination and fault code storage:
(A) Pending fault codes
(i) A pending fault code shall be stored immediately if, during a single
driving cycle, the specified percentage of misfire is exceeded three times
when operating in the positive torque region encountered during an FTP
cycle or is exceeded on a single occasion when operating at any other en-
gine speed and load condition in the positive torque region defined in sec-
tion (e)(3.3.1).
(ii) Immediately after a pending fault code is stored as specified in sec-
tion (e)(3.4.1)(A)(i) above, the MIL shall blink once per second at all
times while misfire is occurring during the driving cycle.
a. The MIL may be extinguished during those times when misfire is
not occurring during the driving cycle.
b. If, at the time a misfire malfunction occurs, the MIL is already illu-
minated for a malfunction other than misfire, the MIL shall blink as pre-
viously specified in section (e)(3.4.1)(A)(ii) while misfire is occurring.
If misfiring ceases, the MIL shall stop blinking but remain illuminated
as required by the other malfunction.
(B) Confirmed fault codes
(i) If a pending fault code for exceeding the percentage of misfire set
forth in section (e)(3.2.1) is stored, the OBD II system shall immediately
store a confirmed fault code if the percentage of misfire specified in sec-
tion (e)(3.2.1 ) is again exceeded one or more times during either: (a) the
driving cycle immediately following the storage of the pending fault
code, regardless of the conditions encountered during the driving cycle;
or (b) on the next driving cycle in which similar conditions (see section
(c)) to the engine conditions that occurred when the pending fault code
was stored are encountered.
(ii) If a pending fault code for exceeding the percentage of misfire set
forth in section (e)(3.2.2) is stored from a previous drive cycle, the OBD
II system shall immediately store a confirmed fault code if the percentage
of misfire specified in section (e)(3.2.1) is exceeded one or more times
regardless of the conditions encountered.
(iii) Upon storage of a confirmed fault code, the MIL shall blink as spe-
cified in subparagraph (e)(3.4.1)(A)(ii) above as long as misfire is occur-
ring and the MIL shall remain continuously illuminated if the misfiring
ceases.
(C) Erasure of pending fault codes
Pending fault codes shall be erased at the end of the next driving cycle
in which similar conditions to the engine conditions that occurred when
the pending fault code was stored have been encountered without any ex-
ceedance of the specified percentage of misfire. The pending code may
also be erased if similar driving conditions are not encountered during the
next 80 driving cycles subsequent to the initial detection of a malfunc-
tion.
(D) Exemptions for vehicles with fuel shutoff and default fuel control.
Notwithstanding sections (e)(3.4.1)(A) and (B) above, in vehicles that
provide for fuel shutoff and default fuel control to prevent over fueling
during catalyst damage misfire conditions, the MIL need not blink.
Instead, the MIL may illuminate continuously in accordance with the re-
quirements for continuous MIL illumination in sections (e)(3.4. l)(B)(iii)
above upon detection of misfire, provided that the fuel shutoff and de-
fault control are activated as soon as misfire is detected. Fuel shutoff and
default fuel control may be deactivated only to permit fueling outside of
the misfire range. Manufacturers may also periodically, but not more
than once every 30 seconds, deactivate fuel shutoff and default fuel con-
trol to determine if the specified percentage of misfire for catalyst dam-
age is still being exceeded. Normal fueling and fuel control may be re-
sumed if the specified percentage of misfire for catalyst damage is no
longer being exceeded.
(E) Manufacturers may request Executive Officer approval of strate-
gies that continuously illuminate the MIL in lieu of blinking the MIL dur-
ing extreme catalyst damage misfire conditions (i.e., catalyst damage
misfire occurring at all engine speeds and loads). Executive Officer ap-
proval shall be granted upon determining that the manufacturer employs
the strategy only when catalyst damage misfire levels cannot be avoided
during reasonable driving conditions and the manufacturer has demon-
strated that the strategy will encourage operation of the vehicle in condi-
tions that will minimize catalyst damage (e.g., at low engine speeds and
loads).
(3.4.2) Misfire causing emissions to exceed 1.5 times the FTP stan-
dards. Upon detection of the percentage of misfire specified in section
(e)(3.2.2), the following criteria shall apply for MIL illumination and
fault code storage:
(A) Misfire within the first 1000 revolutions after engine start.
(i) A pending fault code shall be stored no later than after the first ex-
ceedance of the specified percentage of misfire during a single driving
cycle if the exceedance occurs within the first 1000 revolutions after en-
gine start (defined in section (c)) during which misfire detection is active.
(ii) If a pending fault code is stored, the OBD II system shall illuminate
the MIL and store a confirmed fault code within ten seconds if an excee-
dance of the specified percentage of misfire is again detected in the first
1000 revolutions during any subsequent driving cycle, regardless of the
conditions encountered during the driving cycle.
(iii) The pending fault code shall be erased at the end of the next driv-
ing cycle in which similar conditions to the engine conditions that oc-
curred when the pending fault code was stored have been encountered
without an exceedance of the specified percentage of misfire. The pend-
ing code may also be erased if similar conditions are not encountered dur-
ing the next 80 driving cycles immediately following the initial detection
of the malfunction.
(B) Exceedances after the first 1000 revolutions after engine start.
(i) A pending fault code shall be stored no later than after the fourth
exceedance of the percentage of misfire specified in section (e)(3.2.2)
during a single driving cycle.
(ii) If a pending fault code is stored, the OBD II system shall illuminate
the MIL and store a confirmed fault code within ten seconds if the per-
centage of misfire specified in section (e)(3.2.2) is again exceeded four
times during: (a) the driving cycle immediately following the storage of
the pending fault code, regardless of the conditions encountered during
the driving cycle; or (b) on the next driving cycle in which similar condi-
tions (see section (c)) to the engine conditions that occurred when the
pending fault code was stored are encountered.
(iii) The pending fault code may be erased at the end of the next driving
cycle in which similar conditions to the engine conditions that occurred
when the pending fault code was stored have been encountered without
an exceedance of the specified percentage of misfire. The pending code
may also be erased if similar conditions are not encountered during the
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next 80 driving cycles immediately following initial detection of the mal-
function.
(3.4.3) Storage of freeze frame conditions.
(A) A manufacturer shall store and erase freeze frame conditions ei-
ther in conjunction with storing and erasing a pending fault code or in
conjunction with storing and erasing a confirmed fault code.
(B) If freeze frame conditions are stored for a malfunction other than
misfire or fuel system malfunction (see section (e)(6)) when a fault code
is stored as specified in section (e)(3.4) above, the stored freeze frame in-
formation shall be replaced with freeze frame information regarding the
misfire malfunction.
(3.4.4) Storage of misfire conditions for similar conditions determina-
tion. Upon detection of misfire under sections (e)(3.4.1) or (3.4.2),
manufacturers shall store the following engine conditions: engine speed,
load, and warm-up status of the first misfire event that resulted in the
storage of the pending fault code.
(3.4.5) Extinguishing the MIL. The MIL may be extinguished after
three sequential driving cycles in which similar conditions have been en-
countered without an exceedance of the specified percentage of misfire.
(4) Evaporative System Monitoring
(4.1) Requirement: The OBD II system shall verify purge flow from
the evaporative system and shall monitor the complete evaporative sys-
tem, excluding the tubing and connections between the purge valve and
the intake manifold, for vapor leaks to the atmosphere. Individual com-
ponents of the evaporative system (e.g. valves, sensors, etc.) shall be
monitored in accordance with the comprehensive components require-
ments in section (e)(15) (e.g., for circuit continuity, out of range values,
rationality, proper functional response, etc.). Vehicles not required to be
equipped with evaporative emission systems shall be exempt from moni-
toring of the evaporative system.
(4.2) Malfunction Criteria:
(4.2.1) For purposes of section (e)(4), an orifice shall be defined as an
O'Keefe Controls Co. precision metal "Type B" orifice with NPT con-
nections with a diameter of the specified dimension (e.g., part number
B-20-SS for a stainless steel 0.020 inch diameter orifice).
(4.2.2) The OBD II system shall detect an evaporative system mal-
function when any of the following conditions exist:
(A) No purge flow from the evaporative system to the engine can be
detected by the OBD II system;
(B) The complete evaporative system contains a leak or leaks that cu-
mulatively are greater than or equal to a leak caused by a 0.040 inch diam-
eter orifice; or
(C) The complete evaporative system contains a leak or leaks that cu-
mulatively are greater than or equal to a leak caused by a 0.020 inch diam-
eter orifice.
(4.2.3) On vehicles with fuel tank capacity greater than 25.0 gallons,
a manufacturer may request the Executive Officer to revise the orifice
size in sections (e)(4.2.2)(B) and/or (C) if the most reliable monitoring
method available cannot reliably detect a system leak of the magnitudes
specified. The Executive Officer shall approve the request upon deter-
mining that the manufacturer has provided data and/or engineering anal-
ysis that demonstrate the need for the request.
(4.2.4) Upon request by the manufacturer and upon determining that
the manufacturer has submitted data and/or engineering evaluation
which support the request, the Executive Officer shall revise the orifice
size in sections (e)(4.2.2)(B) and/or (C) upward to exclude detection of
leaks that cannot cause evaporative or running loss emissions to exceed
1.5 times the applicable standards.
(4.2.5) A manufacturer may request Executive Officer approval to re-
vise the orifice size in section (e)(4.2.2)(B) to a 0.090 inch diameter ori-
fice. The Executive Officer shall approve the request upon the manufac-
turer submitting data and/or engineering analysis and the Executive
Officer finding that:
(A) the monitoring strategy for detecting orifices specified in section
(e)(4.2.2)(C) meets the monitoring conditions requirements of section
(e)(4.3.2); and
(B) the monitoring strategy for detecting 0.090 inch diameter orifices
yields an in-use monitor performance ratio (as defined in section (d)(4))
that meets or exceeds 0.620.
(4.2.6) For the 2004 and 2005 model years only, manufacturers that
use separate monitors to identify leaks (as specified in (e)(4.2.2.)(B) or
(C)) in different portions of the complete evaporative system (e.g., sepa-
rate monitors for the fuel tank to canister portion and for the canister to
purge valve portion of the system) may request Executive Officer ap-
proval to revise the malfunction criteria in sections (e)(4.2.2)(B) and (C)
to identify a malfunction when the separately monitored portion of the
evaporative system (e.g., the fuel tank to canister portion) has a leak (or
leaks) that is greater than or equal to the specified size in lieu of when the
complete evaporative system has a leak (or leaks) that is greater than or
equal to the specified size. The Executive Officer shall approve the re-
quest upon determining that the manufacturer utilized the same monitor-
ing strategy (e.g., monitoring portions of the complete system with sepa-
rate monitors) on vehicles prior to the 2004 model year and that the
monitoring strategy provides further isolation of the malfunction for re-
pair technicians by utilizing separate fault codes for each monitored por-
tion of the evaporative system.
(4.2.7) For vehicles that utilize more than one purge flow path (e.g.,
a turbo-charged engine with a low pressure purge line and a high pres-
sure purge line), the OBD II system shall verify the criteria of
(e)(4.2.2)(A) (i.e., purge flow to the engine) for both purge flow paths.
If a manufacturer demonstrates that blockage, leakage, or disconnection
of one of the purge flow paths cannot cause a measurable emission in-
crease during any reasonable in-use driving conditions, monitoring of
that flow path is not required.
(4.3) Monitoring Conditions:
(4.3.1) Manufacturers shall define the monitoring conditions for mal-
functions identified in sections (e)(4.2.2)(A) and (B) (i.e., purge flow and
0.040 inch leak detection) in accordance with sections (d)(3.1) and
(d)(3.2) (i.e., minimum ratio requirements).
(4.3.2) Manufacturers shall define the monitoring conditions for mal-
functions identified in section (e)(4.2.2)(C) (i.e., 0.020 inch leak detec-
tion) in accordance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ra-
tio requirements). For purposes of tracking and reporting as required in
section (d)(3.2.2), all monitors used to detect malfunctions identified in
section (e)(4.2.2)(C) shall be tracked separately but reported as a single
set of values as specified in section (d)(5.2.2).
(4.3.3) Manufacturers may disable or abort an evaporative system
monitor when the fuel tank level is over 85 percent of nominal tank ca-
pacity or during a refueling event.
(4.3.4) Manufacturers may request Executive Officer approval to
execute the evaporative system monitor only on driving cycles deter-
mined by the manufacturer to be cold starts if the condition is needed to
ensure reliable monitoring. The Executive Officer may not approve crite-
ria that exclude engine starts from being considered as cold starts solely
on the basis that ambient temperature exceeds (i.e., indicates a higher
temperature than) engine coolant temperature at engine start. The Execu-
tive Officer shall approve the request upon determining that data and/or
an engineering evaluation submitted by the manufacturer demonstrate
that a reliable check can only be made on driving cycles when the cold
start criteria are satisfied.
(4.3.5) Manufacturers may temporarily disable the evaporative purge
system to perform an evaporative system leak check.
(4.4) MIL Illumination and Fault Code Storage:
(4.4. 1 ) Except as provided below for fuel cap leaks and alternate statis-
tical MIL illumination protocols, general requirements for MIL illumina-
tion and fault code storage are set forth in section (d)(2).
(4.4.2) If the OBD II system is capable of discerning that a system leak
is being caused by a missing or improperly secured fuel cap:
(A) The manufacturer is not required to illuminate the MIL or store a
fault code if the vehicle is equipped with an alternative indicator for noti-
fying the vehicle operator of the malfunction. The alternative indicator
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§ 1968.2
•
shall be of sufficient illumination and location to be readily visible under
all lighting conditions.
(B) If the vehicle is not equipped with an alternative indicator and the
MIL illuminates, the MIL may be extinguished and the corresponding
fault codes erased once the OBD II system has verified that the fuel cap
has been securely fastened and the MIL has not been illuminated for any
other type of malfunction.
(C) The Executive Officer may approve other strategies that provide
equivalent assurance that a vehicle operator will be promptly notified of
a missing or improperly secured fuel cap and that corrective action will
be undertaken.
(4.4.3) Notwithstanding section (d)(2.2.6), manufacturers may re-
quest Executive Officer approval to use alternative statistical MIL illu-
mination and fault code storage protocols that require up to twelve driv-
ing cycles on average for monitoring strategies designed to detect
malfunctions specified by section (e)(4.2.2)(C). Executive Officer ap-
proval shall be granted in accordance with the bases identified in section
(d)(2.2.6) and upon determination that the manufacturer has submitted
data and/or an engineering analysis demonstrating that the most reliable
monitoring method available cannot reliably detect a malfunction of the
specified size without the additional driving cycles and that the monitor-
ing system will still meet the monitoring conditions requirements speci-
fied in sections (d)(3.1) and (3.2).
(5) Secondary Air System Monitoring
(5.1) Requirement: The OBD II system on vehicles equipped with any
form of secondary air delivery system shall monitor the proper function-
ing of the secondary air delivery system including all air switching
valve(s). The individual electronic components (e.g., actuators, valves,
sensors, etc.) in the secondary air system shall be monitored in accor-
dance with the comprehensive component requirements in section
(e)(15).
(5.2) Malfunction Criteria:
(5.2.1) For purposes of section (e)(5), "air flow" is defined as the air
flow delivered by the secondary air system to the exhaust system. For ve-
hicles using secondary air systems with multiple air flow paths/distribu-
tion points, the air flow to each bank (i.e., a group of cylinders that share
a common exhaust manifold, catalyst, and control sensor) shall be moni-
tored in accordance with the malfunction criteria in sections (e)(5.2.3)
and (5.2.4) unless complete blocking of air delivery to one bank does not
cause a measurable increase in emissions.
(5.2.2) For all Low Emission Vehicle I applications:
(A) Except as provided in sections (e)(5.2.2)(B) and (e)(5.2.4), the
OBD II system shall detect a secondary air system malfunction prior to
a decrease from the manufacturer's specified air flow that would cause
a vehicle' s emissions to exceed 1 .5 times any of the applicable FTP stan-
dards.
(B) Manufacturers may request Executive Officer approval to detect
a malfunction when no detectable amount of air flow is delivered in lieu
of the malfunction criteria in section (e)(5.2.2)(A). The Executive Office
shall grant approval upon determining that deterioration of the secondary
air system is unlikely based on data and/or engineering evaluation sub-
mitted by the manufacturer demonstrating that the materials used for the
secondary air system (e.g., air hoses, tubing, valves, connectors, etc.) are
inherently resistant to disconnection, corrosion, or other deterioration.
(5.2.3) For all Low Emission Vehicle II applications and all 2009 and
subsequent model year vehicles:
(A) For 2004 and 2005 model year vehicles, manufacturers shall use
the malfunction criteria specified for Low Emission Vehicle I applica-
tions in section (e)(5.2.2).
(B) For 2006 and subsequent model year vehicles, except as provided
in sections (e)(5.2.3)(C) and (e)(5.2.4), the OBD II system shall detect a
secondary air system malfunction prior to a decrease from the manufac-
turer's specified air flow during normal operation that would cause a ve-
hicle's emissions to exceed 1.5 times any of the applicable FTP stan-
dards. For purposes of sections (e)(5.2) and (5.3), "normal operation"
shall be defined as the condition when the secondary air system is acti-
vated during catalyst and/or engine warm-up following engine start and
may not include the condition when the secondary air system is intrusive-
ly turned on solely for the purpose of monitoring.
(C) For 2006 and 2007 model year vehicles only, a manufacturer may
request Executive Officer approval to detect a malfunction when no de-
tectable amount of air flow is delivered during normal operation in lieu
of the malfunction criteria in section (e)(5.2.3)(B) (e.g., 1.5 times the
standard) during normal operation. Executive Officer approval shall be
granted upon determining that the manufacturer has submitted data and/
or engineering analysis that demonstrate that the monitoring system is
capable of detecting malfunctions prior to a decrease from the manufac-
turer's specified air flow that would cause a vehicle's emissions to ex-
ceed 1.5 times any of the applicable FTP standards during an intrusive
operation of the secondary air system later in the same driving cycle.
(5.2.4) For vehicles in which no deterioration or failure of the second-
ary air system would result in a vehicle's emissions exceeding 1.5 times
any of the applicable standards, the OBD II system shall detect a mal-
function when no detectable amount of air flow is delivered. For vehicles
subject to the malfunction criteria in section (e)(5.2.3)(B), this .monitor-
ing for no detectable amount of air flow shall occur during normal opera-
tion of the secondary air system.
(5.3) Monitoring Conditions:
(5.3.1) For all Low Emission Vehicle I applications: Manufacturers
shall define the monitoring conditions in accordance with section
(d)(3.1).
(5.3.2) For all Low Emission Vehicle II applications and all 2009 and
subsequent model year vehicles:
(A) For 2004 and 2005 model year vehicles, manufacturers shall de-
fine the monitoring conditions in accordance with section (d)(3.1).
(B) For 2006 and subsequent model year vehicles, manufacturers shall
define the monitoring conditions in accordance with sections (d)(3.1)
and (d)(3.2) (i.e., minimum ratio requirements). For purposes of tracking
and reporting as required in section (d)(3.2.2), all monitors used to detect
malfunctions identified in section (e)(5.2) during normal operation of the
secondary air system shall be tracked separately but reported as a single
set of values as specified in section (d)(5.2.2).
(5.4) MIL Illumination and Fault Code Storage: General requirements
for MIL illumination and fault code storage are set forth in section (d)(2).
(6) Fuel System Monitoring
(6.1) Requirement:
(6.1.1) The OBD II system shall monitor the fuel delivery system to
determine its ability to provide compliance with emission standards.
(6.2) Malfunction Criteria:
(6.2.1) The OBD II system shall detect a malfunction of the fuel deliv-
ery system when:
(A) The fuel delivery system is unable to maintain a vehicle's emis-
sions at or below 1.5 times any of the applicable FTP standards; or
(B) If equipped, the feedback control based on a secondary oxygen or
exhaust gas sensor is unable to maintain a vehicle's emissions (except as
a result of a malfunction specified in section (e)(6.2.1)(C)) at or below
1 .5 times any of the applicable FTP standards; or
(C) Except as required in section (e)(6.2.6), for 25 percent of all 201 1
model year vehicles, 50 percent of all 2012 model year vehicles, 75 per-
cent of all 2013 model year vehicles, and 100 percent of all 2014 model
year vehicles, an air-fuel ratio cylinder imbalance (e.g., the air-fuel ratio
in one or more cylinders is different than the other cylinders due to a cyl-
inder specific malfunction such as an intake manifold leak at a particular
cylinder, fuel injector problem, an individual cylinder EGR runner flow
delivery problem, an individual variable cam lift malfunction such that
an individual cylinder is operating on the wrong cam lift profile, or other
similar problems) occurs in one or more cylinders such that the fuel deliv-
ery system is unable to maintain a vehicle's emissions at or below: 4.0
times the applicable FTP standards for PC/LDT SULEV II vehicles and
3.0 times the applicable FTP standards for all other vehicles for the 201 1
through 2013 model years; and 1.5 times the applicable FTP standards
for all 2014 and subsequent model year vehicles. In lieu of using 1.5
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times the applicable FTP standards for all 2014 model year applications,
for the 2014 model year only, a manufacturer may continue to use 4.0
times the applicable FTP standards for PC/LDT SULEV II vehicles and
3.0 times the applicable FTP standards for other applications previously
certified in the 201 1, 2012, or 20 13 model year to 4.0 times or 3.0 times
the applicable FTP standards and carried over to the 2014 model year.
(6.2.2) Except as provided for in section (e)(6.2.3) below, if the ve-
hicle is equipped with adaptive feedback control, the OBD II system shall
detect a malfunction when the adaptive feedback control has used up all
of the adjustment allowed by the manufacturer.
(6.2.3) If the vehicle is equipped with feedback control that is based
on a secondary oxygen (or equivalent) sensor, the OBD II system is not
required to detect a malfunction of the fuel system solely when the feed-
back control based on a secondary oxygen sensor has used up all of the
adjustment allowed by the manufacturer. However, if a failure or deterio-
ration results in vehicle emissions that exceed the malfunction criteria in
section (e)(6.2. 1 ), the OBD II system is required to detect a malfunction.
(6.2.4) The OBD II system shall detect a malfunction whenever the
fuel control system fails to enter closed-loop operation (if employed)
within a manufacturer specified time interval.
(6.2.5) Manufacturers may adjust the criteria and/or limit(s) to com-
pensate for changes in altitude, for temporary introduction of large
amounts of purge vapor, or for other similar identifiable operating condi-
tions when they occur.
(6.2.6) Notwithstanding the phase-in specified in section
(e)(6.2. 1)(C), if a vehicle is equipped with separate EGR flow delivery
passageways (internal or external) that deliver EGR flow to individual
cylinders (e.g., an EGR system with individual delivery pipes to each cyl-
inder), the OBD II system shall monitor the fuel delivery system for mal-
functions specified in section (e)(6.2. 1)(C) on all 2011 and subsequent
model year vehicles so equipped.
(6.3) Monitoring Conditions:
(6.3.1) Except as provided in section (e)(6.3.2), the fuel system shall
be monitored continuously for the presence of a malfunction.
(6.3.2) Manufacturers shall define monitoring conditions for malfunc-
tions identified in section (e)(6.2. 1 )(C) (i.e., air-fuel ratio cylinder imbal-
ance malfunctions) in accordance with sections (d)(3.1) and (d)(3.2) (i.e.,
minimum ratio requirements).
(6.4) MIL Illumination and Fault Code Storage: For malfunctions de-
scribed under section (6.2.1)(C) (i.e., air-fuel ratio cylinder imbalance
malfunctions), general requirements for MIL illumination and fault code
storage are set forth in section (d)(2). For all other fuel system malfunc-
tions, the MIL illumination and fault code storage requirements are set
forth in sections (e)(6.4.1) through (6.4.6) below.
(6.4. 1 ) A pending fault code shall be stored immediately upon the fuel
system exceeding the malfunction criteria established pursuant to section
(e)(6.2).
(6.4.2) Except as provided below, if a pending fault code is stored, the
OBD II system shall immediately illuminate the MIL and store a con-
firmed fault code if a malfunction is again detected during either of the
following two events: (a) the driving cycle immediately following the
storage of the pending fault code, regardless of the conditions encoun-
tered during the driving cycle; or (b) on the next driving cycle in which
similar conditions (see section (c)) to those that occurred when the pend-
ing fault code was stored are encountered.
(6.4.3) The pending fault code may be erased at the end of the next
driving cycle in which similar conditions have been encountered without
an exceedance of the specified fuel system malfunction criteria. The
pending code may also be erased if similar conditions are not encoun-
tered during the 80 driving cycles immediately after the initial detection
of a malfunction for which the pending code was set.
(6.4.4) Storage of freeze frame conditions.
(A) The OBD II system shall store and erase freeze frame conditions
either in conjunction with storing and erasing a pending fault code or in
conjunction with storing and erasing a confirmed fault code.
(B) If freeze frame conditions are stored for a malfunction other than
misfire (see section (e)(3)) or fuel system malfunction when a fault code
is stored as specified in section (e)(6.4) above, the stored freeze frame in-
formation shall be replaced with freeze frame information regarding the
fuel system malfunction.
(6.4.5) Storage of fuel system conditions for determining similar
conditions of operation.
(A) Upon detection of a fuel system malfunction under section
(e)(6.2), the OBD II system shall store the engine speed, load, and warm-
up status of the first fuel system malfunction that resulted in the storage
of the pending fault code.
(B) For fuel system faults detected using feedback control that is based
on a secondary oxygen (or equivalent) sensor, the manufacturer may re-
quest Executive Officer approval to use an alternate definition of similar
conditions in lieu of the definition specified in section (c). The Executive
Officer shall approve the alternate definition upon the manufacturer pro-
viding data or analysis demonstrating that the alternate definition pro-
vides for equivalent robustness in detection of fuel system faults that vary
in severity depending on engine speed, load, and/or warm-up status.
(6.4.6) Extinguishing the MIL. The MIL may be extinguished after
three sequential driving cycles in which similar conditions have been en-
countered without a malfunction of the fuel system.
(7) Exhaust Gas Sensor Monitoring
(7.1) Requirement:
(7.1.1) The OBD II system shall monitor the output voltage, response
rate, and any other parameter which can affect emissions of all primary
(fuel control) oxygen sensors (conventional switching sensors and wide
range or universal sensors) for malfunction.
(7.1.2) The OBD II system shall also monitor all secondary oxygen
sensors (those used for fuel trim control or as a monitoring device) for
proper output voltage, activity, and/or response rate.
(7.1.3) For vehicles equipped with heated oxygen sensors, the OBD
II system shall monitor the heater for proper performance.
(7.1.4) For other types of sensors (e.g., hydrocarbon sensors, NOx sen-
sors), the manufacturer shall submit a monitoring plan to the Executive
Officer for approval. The Executive Officer shall approve the request
upon determining that the manufacturer has submitted data and an engi-
neering evaluation that demonstrate that the monitoring plan is as reliable
and effective as the monitoring plan required for conventional sensors
under section (e)(7).
(7.2) Malfunction Criteria:
(7.2.1) Primary Sensors:
(A) The OBD II system shall detect a malfunction prior to any failure
or deterioration of the oxygen sensor voltage, response rate, amplitude,
or other characteristic(s) (including drift or bias corrected for by second-
ary sensors) that would cause a vehicle's emissions to exceed 1.5 times
any of the applicable FTP standards. For response rate (see section (c)),
the OBD II system shall detect asymmetric malfunctions (i.e., malfunc-
tions that primarily affect only the lean-to-rich response rate or only the
rich-to-lean response rate) and symmetric malfunctions (i.e., malfunc-
tions that affect both the lean-to-rich and rich-to-lean response rates).
As defined in section (c), response rate includes delays in the sensor to
initially react to a change in exhaust gas composition as well as delays
during the transition from a rich-to-lean (or lean-to-rich) sensor output.
For 25 percent of 2010, 50 percent of 2011, and 100 percent of 2012 and
subsequent model year vehicles, the manufacturer shall submit data and/
or engineering analysis to demonstrate that the calibration method used
ensures proper detection of all symmetric and asymmetric response rate
malfunctions as part of the certification application.
(B) The OBD II system shall detect malfunctions of the oxygen sensor
caused by either a lack of circuit continuity or out-of-range values.
(C) The OBD II system shall detect a malfunction of the oxygen sensor
when a sensor failure or deterioration causes the fuel system to stop using
that sensor as a feedback input (e.g., causes default or open loop opera-
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§ 1968.2
tion) or causes the fuel system to fail to enter closed-loop operation with-
in a manufacturer-specified time interval.
(D) The OBD II system shall detect a malfunction of the oxygen sensor
when the sensor output voltage, amplitude, activity, or other characteris-
tics are no longer sufficient for use as an OBD II system monitoring de-
vice (e.g., for catalyst monitoring).
(7.2.2) Secondary Sensors:
(A) The OBD IJ system shall detect a malfunction prior to any failure
or deterioration of the oxygen sensor voltage, response rate, amplitude,
or other characteristic(s) that would cause a vehicle's emissions to ex-
ceed 1.5 times any of the applicable FTP standards.
(B) The OBD II system shall detect malfunctions of the oxygen sensor
caused by a lack of circuit continuity.
(C) Sufficient sensor performance for other monitors.
(i) The OBD II system shall detect a malfunction of the oxygen sensor
when the sensor output voltage, amplitude, activity, or other characteris-
tics are no longer sufficient for use as an OBD II system monitoring de-
vice (e.g., for catalyst monitoring). For this requirement, "sufficient" is
defined as the capability of the worst performing acceptable sensor to de-
tect the best performing unacceptable other monitored system or compo-
nent (e.g., catalyst).
(ii) For systems where it is not technically feasible to satisfy the criteria
of section (e)(7.2.2)(C)(i) completely, the OBD II system shall, at a mini-
mum, detect a slow rich-to-lean response malfunction during a fuel
shut-off event (e.g., deceleration fuel cut event). The rich-to-lean re-
sponse check shall monitor both the sensor response time from a rich
condition (e.g., 0.7 Volts) priorto the start of fuel shut-off to a lean condi-
tion (e.g., 0.1 Volts) expected during fuel shut-off conditions and the
sensor transition time in the intermediate sensor range (e.g., from 0.55
Volts to 0.3 Volts). Monitoring of the rich-to-lean response shall be
phased in on at least 25 percent of the 2009, 50 percent of the 2010, and
100 percent of the 201 1 model year vehicles. For purposes of this phase-
in, vehicles meeting the criteria of section (e)(7.2.2)(C)(i) shall be
counted as vehicles meeting the rich-to-lean response rate monitoring
requirement of section (e)(7.2.2)(C)(ii).
(iii) Additionally, for systems where it is not technically feasible to sat-
isfy the criteria in section (e)(7.2.2)(C)(i), prior to certification of 2009
model year vehicles, the manufacturer must submit a comprehensive
plan to the Executive Officer demonstrating the manufacturer's efforts
to minimize any gap remaining between the worst performing acceptable
sensor and a sufficient sensor. The plan should include quantification of
the gap and supporting documentation for efforts to close the gap includ-
ing sensor monitoring improvements, other system component monitor
improvements (e.g., changes to make the catalyst monitor less sensitive
to oxygen sensor response), and sensor specification changes, if any. The
Executive Officer shall approve the plan upon determining the submitted
information supports the necessity of the gap and the plan demonstrates
that the manufacturer is taking reasonable efforts to minimize or elimi-
nate the gap in a timely manner.
(D) The OBD II system shall detect malfunctions of the oxygen sensor
caused by out-of-range values.
(7.2.3) Sensor Heaters:
(A) The OBD II system shall detect a malfunction of the heater perfor-
mance when the current or voltage drop in the heater circuit is no longer
within the manufacturer's specified limits for normal operation (i.e.,
within the criteria required to be met by the component vendor for heater
circuit performance at high mileage). Subject to Executive Officer ap-
proval, other malfunction criteria for heater performance malfunctions
may be used upon the Executive Officer determining that the manufac-
turer has submitted data and/or an engineering evaluation that demon-
strate the monitoring reliability and timeliness to be equivalent to the
stated criteria in section (e)(7.2.3)(A).
(B) The OBD II system shall detect malfunctions of the heater circuit
including open or short circuits that conflict with the commanded state
of the heater (e.g., shorted to 12 Volts when commanded to 0 Volts
(ground), etc.).
(7.3) Monitoring Conditions:
(7.3.1) Primary Sensors
(A) Manufacturers shall define the monitoring conditions for malfunc-
tions identified in sections (e)(7.2.1)(A) and (D) (e.g., proper response
rate) in accordance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ra-
tio requirements). For purposes of tracking and reporting as required in
section (d)(3.2.2), all monitors used to detect malfunctions identified in
sections (e)(7.2.1)(A) and (D) shall be tracked separately but reported as
a single set of values as specified in section (d)(5.2.2).
(B) Except as provided in section (e)(7.3.I)(C), monitoring for mal-
functions identified in sections (e)(7.2.1)(B) and (C) (i.e., circuit conti-
nuity, out-of-range, and open-loop malfunctions) shall be:
(i) Conducted in accordance with title 1 3, CCR section 1 968. 1 for Low
Emission Vehicle I applications and 2004 and 2005 model year Low
Emission Vehicle II applications;
(ii) Conducted continuously for all 2006 through 2008 model year
Low Emission Vehicle II applications and all 2009 and subsequent mod-
el year vehicles.
(C) A manufacturer may request Executive Officer approval to disable
continuous oxygen sensor monitoring when an oxygen sensor malfunc-
tion cannot be distinguished from other effects (e.g., disable out-of-
range low monitoring during fuel cut conditions). The Executive Officer
shall approve the disablement upon determining that the manufacturer
has submitted test data and/or documentation that demonstrate a properly
functioning sensor cannot be distinguished from a malfunctioning sensor
and that the disablement interval is limited only to that necessary for
avoiding false detection.
(7.3.2) Secondary Sensors
(A) Manufacturers shall define monitoring conditions for malfunc-
tions identified in sections (e)(7.2.2)(A) and (C) (e.g., proper sensor ac-
tivity) in accordance with sections (d)(3.1) and (d)(3.2) (i.e., minimum
ratio requirements). For all 2010 and subsequent model year vehicles
meeting the monitoring requirements of section (e)(7.2.2)(C)(i) or (ii),
for purposes of tracking and reporting as required in section (d)(3.2.2),
all monitors used to detect malfunctions identified in sections
(e)(7.2.2)(A) and (C) shall be tracked separately but reported as a single
set of values as specified in section (d)(5.2.2).
(B) Except as provided in section (e)(7.3.2)(C), monitoring for mal-
functions identified in sections (e)(7.2.2)(B) and (D) (i.e., open circuit,
out-of-range malfunctions) shall be:
(i) Conducted in accordance with title 13, CCR section 1 968. 1 for Low
Emission Vehicle I applications and 2004 and 2005 model year Low
Emission Vehicle II applications;
(ii) Conducted continuously for all 2006 through 2008 model year
Low Emission Vehicle II applications and all 2009 and subsequent mod-
el year vehicles.
(C) A manufacturer may request Executive Officer approval to disable
continuous oxygen sensor monitoring when an oxygen sensor malfunc-
tion cannot be distinguished from other effects (e.g., disable out-of-
range low monitoring during fuel cut conditions). The Executive Officer
shall approve the disablement upon determining that the manufacturer
has submitted test data and/or documentation that demonstrate a properly
functioning sensor cannot be distinguished from a malfunctioning sensor
and that the disablement interval is limited only to that necessary for
avoiding false detection.
(7.3.3) Sensor Heaters
(A) Manufacturers shall define monitoring conditions for malfunc-
tions identified in section (e) (7.2.3)(A) (e.g., sensor heater performance)
in accordance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio re-
quirements).
(B) Monitoring for malfunctions identified in section (e)(7.2.3)(B)
(e.g., circuit malfunctions) shall be:
(i) Conducted in accordance with title 13, CCR section 1968.1 for
2004 and 2005 model year vehicles;
(ii) Conducted continuously for all 2006 and subsequent model year
vehicles.
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(7.4) MIL Illumination and Fault Code Storage: General requirements
tor MIL illumination and fault code storage are set forth in section (d)(2).
(8) Exhaust Gas Recirculation (EGR) System Monitoring
(8. 1 ) Requirement: The OBD II system shall monitor the EGR system
on vehicles so-equipped for low and high flow rate malfunctions. The
individual electronic components (e.g., actuators, valves, sensors, etc.)
that are used in the EGR system shall be monitored in accordance with
the comprehensive component requirements in section (e)(15).
(8.2) Malfunction Criteria:
(8.2.1) The OBD II system shall detect a malfunction of the EGR sys-
tem prior to an increase or decrease from the manufacturer's specified
EGR flow rate that would cause a vehicle's emissions to exceed 1.5 times
any of the applicable FTP standards.
(8.2.2) For vehicles in which no failure or deterioration of the EGR
system could result in a vehicle's emissions exceeding 1.5 times any of
the applicable standards, the OBD II system shall detect a malfunction
when the system has no detectable amount of EGR flow.
(8.3) Monitoring Conditions:
(8.3.1) Manufacturers shall define the monitoring conditions for mal-
functions identified in section (e)(8.2) (e.g., flow rate) in accordance with
sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio requirements). For
purposes of tracking and reporting as required in section (d)(3.2.2), all
monitors used to detect malfunctions identified in section (e)(8.2) shall
be tracked separately but reported as a single set of values as specified
in section (d)(5.2.2).
(8.3.2) Manufacturers may request Executive Officer approval to tem-
porarily disable the EGR system check under specific conditions (e.g.,
when freezing may affect performance of the system). The Executive Of-
ficer shall approve the request upon determining that the manufacturer
has submitted data and/or an engineering evaluation which demonstrate
that a reliable check cannot be made when these conditions exist.
(8.4) MIL Illumination and Fault Code Storage: General requirements
for MIL illumination and fault code storage are set forth in section (d)(2).
(9) Positive Crankcase Ventilation (PCV) System Monitoring
(9.1) Requirement:
(9.1.1) On all 2004 and subsequent model year vehicles, manufactur-
ers shall monitor the PCV system on vehicles so-equipped for system in-
tegrity. A manufacturer may use an alternate phase-in schedule in lieu
of meeting the requirements of section (e)(9) on all 2004 model year ve-
hicles if the alternate phase-in schedule provides for equivalent com-
pliance volume (as defined in section (c)) to the phase-in schedule speci-
fied in title 13, CCR section 1968.1(b)(10.1). Vehicles not required to be
equipped with PCV systems shall be exempt from monitoring of the PCV
system.
(9.2) Malfunction Criteria:
(9.2.1) For the purposes of section (e)(9), "PCV system" is defined as
any form of crankcase ventilation system, regardless of whether it uti-
lizes positive pressure. "PCV valve" is defined as any form of valve or
orifice used to restrict or control crankcase vapor flow. Further, any addi-
tional external PCV system tubing or hoses used to equalize crankcase
pressure or to provide a ventilation path between various areas of the en-
gine (e.g., crankcase and valve cover) are considered part of the PCV sys-
tem "between the crankcase and the PCV valve" and subject to the mal-
function criteria in section (e)(9.2.2) below.
(9.2.2) Except as provided below, the OBD II system shall detect a
malfunction of the PCV system when a disconnection of the system oc-
curs between either the crankcase and the PCV valve, or between the
PCV valve and the intake manifold.
(9.2.3) If the PCV system is designed such that the PCV valve is fas-
tened directly to the crankcase in a manner which makes it significantly
more difficult to remove the valve from the crankcase rather than discon-
nect the line between the valve and the intake manifold (taking aging ef-
fects into consideration), the Executive Officer shall exempt the
manufacturer from detection of disconnection between the crankcase
and the PCV valve.
(9.2.4) Subject to Executive Officer approval, system designs that uti-
lize tubing between the valve and the crankcase shall also be exempted
from the portion of the monitoring requirement for detection of discon-
nection between the crankcase and the PCV valve. The manufacturer
shall file a request and submit data and/or engineering evaluation in sup-
port of the request. The Executive Officer shall approve the request upon
determining that the connections between the valve and the crankcase
are: (i) resistant to deterioration or accidental disconnection, (ii) signifi-
cantly more difficult to disconnect than the line between the valve and
the intake manifold, and (iii) not subject to disconnection per manufac-
turer's repair procedures for non-PCV system repair work.
(9.2.5) Manufacturers are not required to detect disconnections be-
tween the PCV valve and the intake manifold if said disconnection (1)
causes the vehicle to stall immediately during idle operation; or (2) is un-
likely to occur due to a PCV system design that is integral to the induction
system (e.g., machined passages rather than tubing or hoses).
(9.3) Monitoring Conditions: Manufacturers shall define the monitor-
ing conditions for malfunctions identified in section (e)(9.2) in accor-
dance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio require-
ments).
(9.4) MIL Illumination and Fault Code Storage: General requirements
for MIL illumination and fault code storage are set forth in section (d)(2).
The stored fault code need not specifically identify the PCV system (e.g.,
a fault code for idle speed control or fuel system monitoring can be
stored) if the manufacturer demonstrates that additional monitoring
hardware would be necessary to make this identification, and provided
the manufacturer's diagnostic and repair procedures for the detected mal-
function include directions to check the integrity of the PCV system.
(10) Engine Cooling System Monitoring
(10.1) Requirement:
(10.1.1) The OBD II system shall monitor the thermostat on vehicles
so-equipped for proper operation.
(10. 1 .2) The OBD II system shall monitor the engine coolant tempera-
ture (ECT) sensor for circuit continuity, out-of-range values, and ratio-
nality faults.
(10.2) Malfunction Criteria:
(10.2.1) Thermostat
(A) The OBD II system shall detect a thermostat malfunction if, within
an Executive Officer approved time interval after starting the engine, ei-
ther of the following two conditions occur:
(i) The coolant temperature does not reach the highest temperature re-
quired by the OBD II system to enable other diagnostics;
(ii) The coolant temperature does not reach a warmed-up temperature
within 20 degrees Fahrenheit of the manufacturer's nominal thermostat
regulating temperature. Subject to Executive Officer approval, a
manufacturer may utilize lower temperatures for this criterion upon the
Executive Officer determining that the manufacturer has demonstrated
that the fuel, spark timing, and/or other coolant temperature-based modi-
fications to the engine control strategies would not cause an emission in-
crease of 50 or more percent of any of the applicable standards (e.g., 50
degree Fahrenheit emission test, etc.).
(B) Executive Officer approval of the time interval after engine start
shall be granted upon determining that the data and/or engineering evalu-
ation submitted by the manufacturer supports the specified times.
(C) With Executive Officer approval, a manufacturer may use alter-
nate malfunction criteria and/or monitoring conditions (see section
(e)(10.3)) that are a function of temperature at engine start on vehicles
that do not reach the temperatures specified in the malfunction criteria
when the thermostat is functioning properly. Executive Officer approval
shall be granted upon determining that the manufacturer has submitted
data that demonstrate that a properly operating system does not reach the
specified temperatures, that the monitor is capable of meeting the speci-
fied malfunction criteria at engine start temperatures greater than 50°F,
and that the overall effectiveness of the monitor is comparable to a moni-
Page 236.20(p)
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Title 13
Air Resources Board
§ 1968.2
tor meeting these thermostat monitoring requirements at lower tempera-
tures.
(D) With Executive Officer approval, manufacturers may omit this
monitor. Executive Officer approval shall be granted upon determining
that the manufacturer has demonstrated that a malfunctioning thermostat
cannot cause a measurable increase in emissions during any reasonable
driving condition nor cause any disablement of other monitors.
(10.2.2) ECT Sensor
(A) Circuit Continuity. The OBD II system shall detect a malfunction
when a lack of circuit continuity or out-of-range values occur.
(B) Time to Reach Closed-Loop Enable Temperature.
(j) The OBD II system shall detect a malfunction if the ECT sensor
does not achieve the stabilized minimum temperature which is needed
for the fuel control system to begin closed-loop operation (closed-loop
enable temperature) within an Executive Officer approved time interval
after starting the engine.
(ii) The time interval shall be a function of starting ECT and/or a func-
tion of intake air temperature and, except as provided below in section
(e)(10.2.2)(B)(iii), may not exceed:
a. two minutes for engine start temperatures at or above 50 degrees
Fahrenheit and five minutes for engine start temperatures at or above 20
degrees Fahrenheit and below 50 degrees Fahrenheit for Low Emission
Vehicle I applications and 2004 and 2005 model year Low Emission Ve-
hicle II applications;
b. two minutes for engine start temperatures up to 15 degrees Fahren-
heit below the closed-loop enable temperature and five minutes for en-
gine start temperatures between 15 and 35 degrees Fahrenheit below the
closed-loop enable temperature for all 2006 through 2008 model year
Low Emission Vehicle II applications and all 2009 and subsequent mod-
el year vehicles.
(iii) Executive Officer approval of the time interval shall be granted
upon determining that the data and/or engineering evaluation submitted
by the manufacturer supports the specified times. The Executive Officer
shall allow longer time intervals upon determining that the manufacturer
has submitted data and/or an engineering evaluation that demonstrate
that the vehicle requires a longer time to warm up under normal condi-
tions.
(iv) The Executive Officer shall exempt manufacturers from the re-
quirement of section (e)(10.2.2)(B) if the manufacturer does not utilize
ECT to enable closed loop fuel control.
(C) Stuck in Range Below the Highest Minimum Enable Temperature.
To the extent feasible when using all available information, the OBD II
system shall detect a malfunction if the ECT sensor inappropriately indi-
cates a temperature below the highest minimum enable temperature re-
quired by the OBD II system to enable other diagnostics (e.g., an OBD
II system that requires ECT to be greater than 140 degrees Fahrenheit to
enable a diagnostic must detect malfunctions that cause the ECT sensor
to inappropriately indicate a temperature below 140 degrees Fahrenheit).
Manufacturers are exempted from this requirement for temperature re-
gions in which the monitors required under sections (e)(10.2.1) or
(e)(10.2.2)(B) will detect ECT sensor malfunctions as defined in section
(e)(10.2.2)(C).
(D) Stuck in Range Above the Lowest Maximum Enable Tempera-
ture.
(i) To the extent feasible when using all available information, the
OBD II system shall detect a malfunction if the ECT sensor inappropri-
ately indicates a temperature above the lowest maximum enable temper-
ature required by the OBD II system to enable other diagnostics (e.g., an
OBD II system that requires ECT to be less than 90 degrees Fahrenheit
at engine start to enable a diagnostic must detect malfunctions that cause
the ECT sensor to inappropriately indicate a temperature above 90 de-
grees Fahrenheit).
(ii) Manufacturers are exempted from this requirement for tempera-
ture regions in which the monitors required under sections (e)( 10.2.1),
(e)( 1 0.2.2)(B), or (e)( 1 0.2 .2)(C) (i.e. , ECT sensor or thermostat malfunc-
tions) will detect ECT sensor malfunctions as defined in section
(e)( 10.2. 2)(D) or in which the MIL will be illuminated under the require-
ments of section (d)(2.2.3) for default mode operation (e.g., overtemper-
ature protection strategies).
(iii) For Low Emission Vehicle I appl ications and 2004 and 2005 mod-
el year Low Emission Vehicle II applications only, manufacturers are
also exempted from the requirements of section (e)(10.2.2)(D) for ve-
hicles that have a temperature gauge (not a warning light) on the instru-
ment panel and utilize the same ECT sensor for input to the OBD II sys-
tem and the temperature gauge.
(iv) For 2006 through 2008 model year Low Emission Vehicle II ap-
plications and all 2009 and subsequent model year vehicles, manufactur-
ers are also exempted from the requirements of section (e)(10.2.2)(D) for
temperature regions where the temperature gauge indicates a tempera-
ture in the red zone (engine overheating zone) for vehicles that have a
temperature gauge (not a warning light) on the instrument panel and uti-
lize the same ECT sensor for input to the OBD II system and the tempera-
ture gauge.
(10.3) Monitoring Conditions:
(10.3.1) Thermostat
(A) Manufacturers shall define the monitoring conditions for malfunc-
tions identified in section (e)(10.2.1)(A) in accordance with section
(d)(3.l) except as provided for in section (e)(10.3.1)(D). Additionally,
except as provided for in sections (e)(10.3.1)(B) and (C), monitoring for
malfunctions identified in section (e)(10.2.1)(A) shall be conducted once
per driving cycle on every driving cycle in which the ECT sensor indi-
cates, at engine start, a temperature lower than the temperature estab-
lished as the malfunction criteria in section (e)(10.2. 1)(A).
(B) Manufacturers may disable thermostat monitoring at ambient tem-
peratures below 20 degrees Fahrenheit.
(C) Manufacturers may request Executive Officer approval to suspend
or disable thermostat monitoring if the vehicle is subjected to conditions
which could lead to false diagnosis (e.g., vehicle operation at idle for
more than 50 percent of the warm-up time, hot restart conditions, etc.).
In general, the Executive Officer shall not approve disablement of the
monitor on engine starts where the ECT at engine start is more than 35
degrees Fahrenheit lower than the thermostat malfunction threshold tem-
perature determined under section (e)(10.2.I)(A). The Executive Officer
shall approve the request upon determining that the manufacturer has
provided data and/or engineering analysis that demonstrate the need for
the request.
(D) With respect to defining enable conditions that are encountered
during the FTP or Unified cycle as required in (d)(3. 1 . 1 ) for malfunctions
identified in section (e)(10.2.1)(A), the FTP cycle or Unified cycle shall
refer to on-road driving following the FTP or Unified cycle in lieu of test-
ing on a chassis dynamometer.
(10.3.2) ECT Sensor
(A) Except as provided below in section (e)(10.3.2)(E), monitoring for
malfunctions identified in section (e)(I0.2.2)(A) (i.e., circuit continuity
and out-of-range) shall be conducted continuously.
(B) Manufacturers shall define the monitoring conditions for malfunc-
tions identified in section (e)(10.2.2)(B) in accordance with section
(d)(3.1). Additionally, except as provided for in section (e)(10.3.2)(D),
monitoring for malfunctions identified in section (e)(I0.2.2)(B) shall be
conducted once per driving cycle on every driving cycle in which the
ECT sensor indicates a temperature lower than the closed loop enable
temperature at engine start (i.e., all engine start temperatures greater than
the ECT sensor out of range low temperature and less than the closed loop
enable temperature).
(C) Manufacturers shall define the monitoring conditions for malfunc-
tions identified in sections (e)(10.2.2)(C) and (D) in accordance with sec-
tions (d)(3.1) and (d)(3.2) (i.e., minimum ratio requirements).
(D) Manufacturers may suspend or delay the time to reach closed loop
enable temperature diagnostic if the vehicle is subjected to conditions
which could lead to false diagnosis (e.g., vehicle operation at idle for
more than 50 to 75 percent of the warm-up time).
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BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(E) A manufacturer may request Executive Officer approval to disable
continuous ECT sensor monitoring when an ECT sensor malfunction
cannot be distinguished from other effects. The Executive Officer shall
approve the disablement upon determining that the manufacturer has
submitted test data and/or engineering evaluation that demonstrate a
properly functioning sensor cannot be distinguished from a malfunction-
ing sensor and that the disablement interval is limited only to that neces-
sary for avoiding false detection.
(10.4) MIL Illumination and Fault Code Storage: General require-
ments for MIL illumination and fault code storage are set forth in section
(d)(2).
(11) Cold Start Emission Reduction Strategy Monitoring
(1 1.1) Requirement:
(11. 1.1) For all 2006 through 2008 model year Low Emission Vehicle
II applications and all 2009 and subsequent model year applications, if
a vehicle incorporates a specific engine control strategy to reduce cold
start emissions, the OBD II system shall monitor the commanded ele-
ments for proper function (e.g., increased engine idle speed, commanded
ignition timing retard, etc.), other than secondary air, while the control
strategy is active to ensure proper operation of the control strategy. Sec-
ondary air systems shall be monitored under the provisions of section
(e)(5).
(11.1.2) In lieu of meeting the requirements of section (e)(ll) on all
2006 through 2008 model year Low Emission Vehicle II applications, a
manufacturer may phase in the requirements on a portion of its Low
Emission Vehicle II applications as long as that portion of Low Emission
Vehicle II applications comprises at least 30 percent of all 2006 model
year vehicles, 60 percent of all 2007 model year vehicles, and 100 percent
of all 2008 and subsequent model year vehicles.
(11.2) Malfunction Criteria:
(11.2.1) For vehicles not included in the phase-in specified in section
(e)(l 1.2.2):
(A) The OBD II system shall detect a malfunction prior to any failure
or deterioration of the individual components associated with the cold
start emission reduction control strategy that would cause a vehicle's
emissions to exceed 1.5 times the applicable FTP standards. Manufactur-
ers shall:
(i) Establish the malfunction criteria based on data from one or more
representative vehicle(s).
(ii) Provide an engineering evaluation for establishing the malfunction
criteria for the remainder of the manufacturer' s product line. The Execu-
tive Officer shall waive the evaluation requirement each year if, in the
judgement of the Executive Officer, technological changes do not affect
the previously determined malfunction criteria.
(B) For components where no failure or deterioration of the compo-
nent used for the cold start emission reduction strategy could result in a
vehicle's emissions exceeding 1.5 times the applicable standards, the in-
dividual component shall be monitored for proper functional response in
accordance with the malfunction criteria in section (e)(15.2) while the
control strategy is active.
(11.2.2) For 25 percent of 2010, 50 percent of 201 1, and 100 percent
of 2012 and subsequent model year vehicles, the OBD II system shall,
to the extent feasible, detect a malfunction if either of the following oc-
curs:
(A) Any single commanded element does not properly respond to the
commanded action while the cold start strategy is active. For elements
involving spark timing (e.g., retarded spark timing), the monitor may
verify final commanded spark timing in lieu of verifying actual delivered
spark timing. For purposes of this section, "properly respond" is defined
as when the element responds:
(i) by a robustly detectable amount; and
(ii) in the direction of the desired command; and
(iii) above and beyond what the element would achieve on start-up
without the cold start strategy active (e.g., if the cold start strategy com-
mands a higher idle engine speed, a fault must be detected if there is no
detectable amount of engine speed increase above what the system would
achieve without the cold start strategy active);
(B) Any failure or deterioration of the cold start emission reduction
control strategy that would cause a vehicle's emissions to be equal to or
above 1.5 times the applicable FTP standards. For this requirement, the
OBD II system shall either monitor elements of the system as a whole
(e.g., measuring air flow and modeling overall heat into the exhaust) or
the individual elements (e.g., increased engine speed, commanded final
spark timing) for failures that cause vehicle emissions to exceed 1 .5 times
the applicable FTP standards.
(11.3) Monitoring Conditions: Manufacturers shall define the moni-
toring conditions for malfunctions identified in section (e)(11.2) in ac-
cordance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio require-
ments).
(11.4) MIL Illumination and Fault Code Storage: General require-
ments for MIL illumination and fault code storage are set forth in section
(d)(2).
(12) Air Conditioning (A/C) System Component Monitoring
(12.1) Requirement: If a vehicle incorporates an engine control strate-
gy that alters off-idle fuel and/or spark control when the A/C system is
on, the OBD II system shall monitor all electronic air conditioning sys-
tem components for malfunctions that cause the system to fail to invoke
the alternate control while the A/C system is on or cause the system to
invoke the alternate control while the A/C system is off. Additionally, the
OBD II system shall monitor for malfunction all electronic air condition-
ing system components that are used as part of the diagnostic strategy for
any other monitored system or component. The requirements of section
(e)(12) shall be phased in as follows: 30 percent of all 2006 model year
vehicles, 60 percent of all 2007 model year vehicles, and 100 percent of
all 2008 and subsequent model year vehicles.
(12.2) Malfunction Criteria:
(12.2.1) The OBD II system shall detect a malfunction prior to any fail-
ure or deterioration of an electronic component of the air conditioning
system that would cause a vehicle's emissions to exceed 1.5 times any
of the appropriate applicable emission standards or would, through soft-
ware, effectively disable any other monitored system or component cov-
ered by this regulation. For malfunctions that result in the alternate con-
trol being erroneously invoked while the A/C system is off, the
appropriate emission standards shall be the FTP standards. For malfunc-
tions that result in the alternate control failing to be invoked while the
A/C system is on, the appropriate emission standards shall be the SC03
emission standards.
(12.2.2) If no single electronic component failure or deterioration
causes emissions to exceed 1.5 times any of the appropriate applicable
emission standards as defined above in section (e)( 12.2.1) nor is used as
part of the diagnostic strategy for any other monitored system or compo-
nent, manufacturers are not required to monitor any air conditioning sys-
tem component for purposes of section (e)(12).
(12.3) Monitoring Conditions: Manufacturers shall define the moni-
toring conditions for malfunctions identified in section (e)(12.2) in ac-
cordance with sections (d)(3. 1) and (d)(3.2) (i.e., minimum ratio require-
ments).
(12.4) MIL Illumination and Fault Code Storage: General require-
ments for MIL illumination and fault code storage are set forth in section
(d)(2).
(13) Variable Valve Timing and/or Control (WT) System. Monitoring
(13.1) Requirement: On all 2006 through 2008 model year Low Emis-
sion Vehicle II applications and all 2009 and subsequent model year ve-
hicles, the OBD II system shall monitor the VVT system on vehicles so-
equipped for target error and slow response malfunctions. The individual
electronic components (e.g., actuators, valves, sensors, etc.) that are used
in the VVT system shall be monitored in accordance with the comprehen-
sive components requirements in section (e)(15). VVT systems on Low
Emission Vehicle I applications and 2004 and 2005 model year Low
Page 236.20(r)
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Title 13
Air Resources Board
§ 1968.2
Emission Vehicle IJ applications shall be monitored in accordance with
the comprehensive components requirements in section (e)(15).
(13.2) Malfunction Criteria:
(13.2.1) Target Error. The OBD II system shall detect a malfunction
prior to any failure or deterioration in the capability of the VVT system
to achieve the commanded valve timing and/or control within a crank
angle and/or lift tolerance that would cause a vehicle's emissions to ex-
ceed 1 .5 times any of the applicable FTP standards.
(13.2.2) Slow Response. The OBD II system shall detect a malfunc-
tion prior to any failure or deterioration in the capability of the VVT sys-
tem to achieve the commanded valve timing and/or control within a time
that would cause a vehicle's emissions to exceed 1 .5 times any of the ap-
plicable FTP standards.
(13.2.3) For vehicles in which no failure or deterioration of the VVT
system could result in a vehicle's emissions exceeding 1.5 times any of
the applicable standards, the VVT system shall be monitored for proper
functional response in accordance with the malfunction criteria in section
(e)(15.2).
(13.3) Monitoring Conditions: Manufacturers shall define the moni-
toring conditions for VVT system malfunctions identified in section
(e)(l 3.2) in accordance with sections (d)(3. 1) and (d)(3.2) (i.e., minimum
ratio requirements), with the exception that monitoring shall occur every
time the monitoring conditions are met during the driving cycle in lieu
of once per driving cycle as required in section (d)(3.1.2). Additionally,
manufacturers shall track and report VVT system monitor performance
under section (d)(3.2.2). For purposes of tracking and reporting as re-
quired in section (d)(3.2.2), all monitors used to detect malfunctions
identified in section (e)(13.2) shall be tracked separately but reported as
a single set of values as specified in section (d)(5.2.2).
(13.4) MIL Illumination and Fault Code Storage: General require-
ments for MIL illumination and fault code storage are set forth in section
(d)(2).
(14) Direct Ozone Reduction (DOR) System Monitoring
(14.1) Requirement:
( 1 4. 1 . 1 ) The OBD II system shall monitor the DOR system on vehicles
so-equipped for malfunctions that reduce the ozone reduction perfor-
mance of the system.
(14.1 .2) For 2003, 2004, and 2005 model year vehicles subject to the
malfunction criteria of section (e)(14.2.1) below, manufacturers may re-
quest to be exempted from DOR system monitoring. The Executive Offi-
cer shall approve the exemption upon the manufacturer:
(A) Agreeing that the DOR system receive only 50 percent of the
NMOG credit assigned to the DOR system as calculated under Air Re-
sources Board (ARB) Manufacturers Advisory Correspondence (MAC)
No. 99-06, December 20, 1999, which is hereby incorporated by refer-
ence herein.
(B) Identifying the DOR system component(s) as an emission control
device on both the underhood emission control label and a separate label
as specified below. The DOR system shall be included in the list of emis-
sion control devices on the underhood emission control label and be iden-
tified as a "DOR system" or other equivalent term from SAE J 1930
"Electrical/Electronic Systems Diagnostic Terms, Definitions, Abbrevi-
ations, and Acronyms - Equivalent to ISO/TR 1503 1-2: April 30, 2002
(SAE 1930)", incorporated by reference. A separate label shall be located
on or near the DOR system component(s) in a location that is visible to
repair technicians prior to the removal of any parts necessary to replace
the DOR system component(s) and shall identify the components as a
"DOR system" or other equivalent SAE J 1930 term.
(14.2) Malfunction Criteria:
(14.2.1) For vehicles in which the NMOG credit assigned to the DOR
system, as calculated in accordance with ARB MAC No. 99-06, is less
than or equal to 50 percent of the applicable FTP NMOG standard, the
OBD II system shall detect a malfunction when the DOR system has no
detectable amount of ozone reduction.
(14.2.2) For vehicles in which the NMOG credit assigned to the DOR
system, as calculated in accordance with ARB MAC No. 99-06, is great-
er than 50 percent of the applicable FTP NMOG standard, the OBD II
system shall detect a malfunction when the ozone reduction performance
of the DOR system deteriorates to a point where the difference between
the NMOG credit assigned to the properly operating DOR system and the
NMOG credit calculated for a DOR system performing at the level of the
malfunctioning system exceeds 50 percent of the applicable FTP NMOG
standard.
(14.2.3) For vehicles equipped with a DOR system, the manufacturer
may modify any of the applicable NMOG malfunction criteria in sections
(e)(l )-(3). (e)(5)-(8). (e)(l l)-(e)(13), and (e)(16) by adding the NMOG
credit received by the DOR system to the required NMOG malfunction
criteria (e.g., a malfunction criteria of 1.5 x NMOG standard would be
modified to (1 .5 x NMOG standard) + DOR system NMOG credit).
(14.3) Monitoring Conditions: Manufacturers shall define the moni-
toring conditions for malfunctions identified in section (e)(14.2) in ac-
cordance with sections (d)(3. 1 ) and (d)(3.2) (i.e., minimum ratio require-
ments).
(14.4) MIL Illumination and Fault Code Storage: General require-
ments for MIL illumination and fault code storage are set forth in section
(d)(2).
(15) Comprehensive Component Monitoring
(15.1) Requirement:
(15.1.1) Except as provided in sections (e)(15.L3), (e)(15.1.4), and
(e)(16), the OBD II system shall monitor for malfunction any electronic
powertrain component/system not otherwise described in sections (e)(1)
through (e)(14) that either provides input to (directly or indirectly) or re-
ceives commands from the on-board computer(s), and: (I) can affect
emissions during any reasonable in-use driving condition, or (2) is used
as part of the diagnostic strategy for any other monitored system or com-
ponent.
(A) Input Components: Input components required to be monitored
may include the vehicle speed sensor, crank angle sensor, knock sensor,
throttle position sensor, cam position sensor, fuel composition sensor
(e.g. flexible fuel vehicles), and transmission electronic components
such as sensors, modules, and solenoids which provide signals to the
powertrain control system.
(B) Output Components/Systems: Output components/systems re-
quired to be monitored may include the idle speed control system, auto-
matic transmission solenoids or controls, variable length intake manifold
runner systems, supercharger or turbocharger electronic components,
heated fuel preparation systems, and a warm-up catalyst bypass valve.
(15.1.2) For purposes of criteria (1) in section (e)(15.1.1) above, the
manufacturer shall determine whether a powertrain input or output com-
ponent/system can affect emissions. If the Executive Officer reasonably
believes that a manufacturer has incorrectly determined that a compo-
nent/system cannot affect emissions, the Executive Officer shall require
the manufacturer to provide emission data showing that the component/
system, when malfunctioning and installed in a suitable test vehicle, does
not have an emission effect. The Executive Officer may request emission
data for any reasonable driving condition.
(15.1.3) Manufacturers shall monitor for malfunction electronic pow-
ertrain input or output components/systems associated with an electronic
transfer case, electronic power steering system, or other components that
are driven by the engine and not related to the control of fueling, air han-
dling, or emissions only if the component or system is used as part of the
diagnostic strategy for any other monitored system or component.
(15.1.4) Except as specified for hybrids in section (e)(15.1.5),
manufacturers shall monitor for malfunction electronic powertrain input
or output components/systems associated with components that only af-
fect emissions by causing additional electrical load to the engine and are
not related to the control of fueling, air handling, or emissions only if the
component or system is used as part of the diagnostic strategy for any oth-
er monitored system or component.
(15.1.5) For hybrids, manufacturers shall submit a plan to the Execu-
tive Officer for approval of the hybrid components determined by the
manufacturer to be subject to monitoring in section (e)(15.1.1). In gener-
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al, the Executive Officer shall approve the plan if it includes monitoring
of all components/systems used as part of the diagnostic strategy for any
other monitored system or component, monitoring of all energy input de-
vices to the electrical propulsion system, monitoring of battery and
charging system performance, monitoring of electric motor perfor-
mance, and monitoring of regenerative braking performance.
(15.2) Malfunction Criteria:
(15.2.1) Input Components:
(A) The OBD II system shall detect malfunctions of input components
caused by a lack of circuit continuity, out of range values, and, where fea-
sible, rationality faults. To the extent feasible, the rationality fault diag-
nostics shall verity that a sensor output is neither inappropriately high nor
inappropriately low (e.g., "two-sided'' diagnostics).
(B) To the extent feasible on all 2005 and subsequent model year ve-
hicles, rationality faults shall be separately detected and store different
fault codes than the respective lack of circuit continuity and out of range
diagnostics. Additionally, input component lack of circuit continuity and
out of range faults shall be separately detected and store different fault
codes for each distinct malfunction (e.g., out-of-range low, out-of-
range high, open circuit, etc.). Manufacturers are not required to store
separate fault codes for lack of circuit continuity faults that cannot be dis-
tinguished from other out-of-range circuit faults.
(C) For vehicles that require precise alignment between the camshaft
and the crankshaft, the OBD II system shall monitor the crankshaft posi-
tion sensor(s) and camshaft position sensor(s) to verify proper alignment
between the camshaft and crankshaft in addition to monitoring the sen-
sors for circuit continuity and rationality malfunctions. Proper alignment
monitoring between a camshaft and a crankshaft shall only be required
in cases where both are equipped with position sensors. For 2006 through
2008 model year Low Emission Vehicle II applications and all 2009 and
subsequent model year vehicles equipped with VVT systems and a tim-
ing belt or chain, the OBD II system shall detect a malfunction if the
alignment between the camshaft and crankshaft is off by one or more
cam/crank sprocket cogs (e.g., the timing belt/chain has slipped by one
or more teeth/cogs). If a manufacturer demonstrates that a single tooth/
cog misalignment cannot cause a measurable increase in emissions dur-
ing any reasonable driving condition, the manufacturer shall detect a
malfunction when the minimum number of teeth/cogs misalignment
needed to cause a measurable emission increase has occurred. For the
2006 through 2009 model years only, a manufacturer may also request
Executive Officer approval to use a larger threshold than one tooth/cog.
The Executive Officer shall approve the request upon determining that
the manufacturer has demonstrated that hardware modifications are nec-
essary to meet the one tooth/cog threshold and that further software mod-
ifications are not able to reduce the larger threshold.
(15.2.2) Output Components/Systems:
(A) The OBD II system shall detect a malfunction of an output compo-
nent/system when proper functional response of the component and sys-
tem to computer commands does not occur. If a functional check is not
feasible, the OBD II system shall detect malfunctions of output compo-
nents/systems caused by a lack of circuit continuity or circuit fault (e.g.,
short to ground or high voltage). For output component lack of circuit
continuity faults and circuit faults, manufacturers are not required to
store different fault codes for each distinct malfunction (e.g., open cir-
cuit, shorted low, etc.). Manufacturers are not required to activate an out-
put component/system when it would not normally be active for the pur-
poses of performing functional monitoring of output components/
systems as required in section (e)(15).
(B) The idle speed control system shall be monitored for proper func-
tional response to computer commands. For strategies based on deviation
from target idle speed, a malfunction shall be detected when either of the
following conditions occur:
(i) The idle speed control system cannot achieve the target idle speed
within 200 revolutions per minute (rpm) above the target speed or 100
rpm below the target speed. The Executive Officer shall allow larger en-
gine speed tolerances upon determining that a manufacturer has sub-
mitted data and/or an engineering evaluation which demonstrate that the
tolerances can be exceeded without a malfunction being present.
(ii) The idle speed control system cannot achieve the target idle speed
within the smallest engine speed tolerance range required by the OBD II
system to enable any other monitor.
(15.3) Monitoring Conditions:
(15.3.1) Input Components:
(A) Except as provided in section (e)(15.3.1)(C), input components
shall be monitored continuously for proper range of values and circuit
continuity.
(B) For rationality monitoring (where applicable):
(i) For 2004 model year vehicles, manufacturers shall define the moni-
toring conditions for detecting malfunctions in accordance with section
(d)(3.1).
(ii) For 2005 and subsequent model year vehicles, manufacturers shall
define the monitoring conditions for detecting malfunctions in accor-
dance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio require-
ments), with the exception that rationality monitoring shall occur every
time the monitoring conditions are met during the driving cycle in lieu
of once per driving cycle as required in section (d)(3.1.2).
(C) A manufacturer may request Executive Officer approval to disable
continuous input component proper range of values or circuit continuity
monitoring when a malfunction cannot be distinguished from other ef-
fects. The Executive Officer shall approve the disablement upon deter-
mining that the manufacturer has submitted test data and/or documenta-
tion that demonstrate a properly functioning input component cannot be
distinguished from a malfunctioning input component and that the dis-
ablement interval is limited only to that necessary for avoiding false
detection.
(15.3.2) Output Components/Systems:
(A) Except as provided in section (e)(15.3.2)(D), monitoring for cir-
cuit continuity and circuit faults shall be conducted continuously.
(B) Except as provided in section (e)(15.3.2)(C), for functional moni-
toring, manufacturers shall define the monitoring conditions for detect-
ing malfunctions in accordance with sections (d)(3.1) and (d)(3.2) (i.e.,
minimum ratio requirements).
(C) For the idle speed control system on all 2005 and subsequent mod-
el year vehicles, manufacturers shall define the monitoring conditions for
functional monitoring in accordance with sections (d)(3.1) and (d)(3.2)
(i.e., minimum ratio requirements), with the exception that functional
monitoring shall occur every time the monitoring conditions are met dur-
ing the driving cycle in lieu of once per driving cycle as required in sec-
tion (d)(3. 1.2).
(D) A manufacturer may request Executive Officer approval to disable
continuous output component circuit continuity or circuit fault monitor-
ing when a malfunction cannot be distinguished from other effects. The
Executive Officer shall approve the disablement upon determining that
the manufacturer has submitted test data and/or documentation that dem-
onstrate a properly functioning output component cannot be distin-
guished from a malfunctioning output component and that the disable-
ment interval is limited only to that necessary for avoiding false
detection.
(15.4) MIL Illumination and Fault Code Storage:
(15.4.1) Except as provided in section (e)(15.4.2) below, general re-
quirements for MIL illumination and fault code storage are set forth in
section (d)(2).
(15.4.2) Exceptions to general requirements for MIL illumination.
MIL illumination is not required in conjunction with storing a confirmed
fault code for any comprehensive component if:
(A) the component or system, when malfunctioning, could not cause
vehicle emissions to increase by:
(i) 25 percent or more for PC/LDT SULEV II vehicles, or
(ii) 15 percent or more for all other vehicles, and
(B) the component or system is not used as part of the diagnostic strate-
gy for any other monitored system or component.
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§ 1968.2
(.15.4.3) For purposes of determining the emission increase in section
(e)(15.4.2)(A), the manufacturer shall request Executive Officer approv-
al of the test cycle/vehicle operating conditions for which the emission
increase will be determined. Executive Officer approval shall be granted
upon determining that the manufacturer has submitted data and/or engi-
neering evaluation that demonstrate that the testing conditions represent
in-use driving conditions where emissions are likely to be most affected
by the malfunctioning component. For purposes of determining whether
the specified percentages in section (e)(15.4.2)(A) are exceeded, if the
approved testing conditions are comprised of an emission test cycle with
an emission standard, the measured increase shall be compared to a per-
centage of the emission standard (e.g.. if the increase is equal to or more
than 15 percent of the emission standard for that test cycle). If the ap-
proved testing conditions are comprised of a test cycle or vehicle operat-
ing condition that does not have an emission standard, the measured in-
crease shall be calculated as a percentage of the baseline test (e.g., if the
increase from a back-to-back test sequence between normal and mal-
functioning condition is equal to or more than 15 percent of the baseline
test results from the normal condition).
(16) Other Emission Control or Source System Monitoring
(16.1) Requirement: For other emission control or source systems that
are: (1) not identified or addressed in sections (e)(1) through (e)(l 5) (e.g.,
hydrocarbon traps, homogeneous charge compression ignition (HCCI)
controls, NOx storage devices, fuel-fired passenger compartment heat-
ers, etc.), or (2) identified or addressed in section (e)(l 5) but not corrected
or compensated for by the adaptive fuel control system (e.g., swirl con-
trol valves), manufacturers shall submit a plan for Executive Officer ap-
proval of the monitoring strategy, malfunction criteria, and monitoring
conditions prior to introduction on a production vehicle intended for sale
in California. Executive Officer approval shall be based on the effective-
ness of the monitoring strategy, the malfunction criteria utilized, the
monitoring conditions required by the diagnostic, and, if applicable, the
determination that the requirements of section (e)(16.3) below are satis-
fied.
(16.2) For purposes of section (e)(16), emission source systems are
components or devices that emit pollutants subject to vehicle evaporative
and exhaust emission standards (e.g., NMOG, CO, NOx, PM, etc.) and
include non-electronic components and non-powertrain components
(e.g., fuel-fired passenger compartment heaters, on-board reformers,
etc.).
(1 6.3) Except as provided below in this paragraph, for 2005 and subse-
quent model year vehicles that utilize emission control systems that alter
intake air flow or cylinder charge characteristics by actuating valve(s),
flap(s), etc. in the intake air delivery system (e.g., swirl control valve sys-
tems), the manufacturers, in addition to meeting the requirements of sec-
tion (e)(16.1) above, may elect to have the OBD II system monitor the
shaft to which all valves in one intake bank are physically attached in lieu
of monitoring the intake air flow, cylinder charge, or individual
valve(s)/flap(s) for proper functional response. For non-metal shafts or
segmented shafts, the monitor shall verify all shaft segments for proper
functional response (e.g., by verifying the segment or portion of the shaft
furthest from the actuator properly functions). For systems that have
more than one shaft to operate valves in multiple intake banks, manufac-
turers are not required to add more than one set of detection hardware
(e.g., sensor, switch, etc.) per intake bank to meet this requirement. Ve-
hicles utilizing these emission control systems designed and certified for
2004 or earlier model year vehicles and carried over to the 2005 through
2009 model year shall be not be required to meet the provisions of section
(e)(16.3) until the engine or intake air delivery system is redesigned.
(17) Exceptions to Monitoring Requirements
(17.1) Except as provided in sections (e)(17.1.1) through (17.1.3) be-
low, upon request of a manufacturer or upon the best engineering judg-
ment of the ARB, the Executive Officer may revise the emission thresh-
old for a malfunction on any diagnostic required in section (e) the most
reliable monitoring method developed requires a higher threshold to pre-
vent significant errors of commission in detecting a malfunction.
(17.1.1) For PC/LDT SULEV II vehicles, the Executive Officer shall
approve a malfunction criteria of 2.5 times the applicable FTP standards
in lieu of 1.5 wherever required in section (e).
(17.1.2) For 2004 model year PC/LDT SULEV II vehicles only, the
Executive Officer shall approve monitors with thresholds that exceed 2.5
times the applicable FTP standard if the manufacturer demonstrates that
a higher threshold is needed given the state of development of the vehicle
and that the malfunction criteria and monitoring approach and technolo-
gy (e.g., fuel system limits, percent misfire, monitored catalyst volume,
etc.) are at least as stringent as comparable ULEV (not ULEV II) ve-
hicles.
(17.1.3) For vehicles certified to Federal Bin 3 or Bin 4 emission stan-
dards, manufacturers shall utilize the ULEV II vehicle NMOG and CO
malfunction criteria (e.g., 1.5 times the Bin 3 or Bin 4 NMOG and CO
standards) and the PC/LDT SULEV II vehicle NOx malfunction criteria
(e.g., 2.5 times the Bin 3 or Bin 4 NOx standards).
(17.1 .4) For medium-duty vehicles certified to an engine dynamome-
ter tailpipe emission standard, the manufacturer shall request Executive
Officer approval of a malfunction criterion that is equivalent to that pro-
posed for each monitor in section (e). The Executive Officer shall ap-
prove the request upon finding that the manufacturer has used good engi-
neering judgment in determining the equivalent malfunction criterion
and that the criterion will provide for similar timeliness in detection of
malfunctioning components.
(17.2) Whenever the requirements in section (e) of this regulation re-
quire a manufacturer to meet a specific phase-in schedule (e.g., (e)(l 1)
cold start emission reduction strategy monitoring requires 30 percent in
2006 model year, 60 percent in 2007 model year, and 100 percent in 2008
model year):
(17.2.1) The phase-in percentages shall be based on the manufactur-
er's projected sales volume for all vehicles subject to the requirements
of title 13, CCR section 1968.2 unless specifically stated otherwise in
section (e).
(17.2.2) Manufacturers may use an alternate phase-in schedule in lieu
of the required phase-in schedule if the alternate phase-in schedule pro-
vides for equivalent compliance volume as defined in section (c) except
as specifically noted for the phase in of in-use monitor performance ratio
monitoring conditions in section (d)(3.2).
(17.2.3) Small volume manufacturers may use an alternate phase-in
schedule in accordance with section (e)(17.2.2) in lieu of the required
phase-in schedule or may meet the requirement on all vehicles by the fi-
nal year of the phase-in in lieu of meeting the specific phase-in require-
ments for each model year (e.g., in the example in section (e)(17.2), small
volume manufacturers are required to meet 1 00 percent in the 2008 mod-
el year for cold start emission reduction strategy monitoring, but not 30
percent in the 2006 model year or 60 percent in the 2007 model year).
(17.3) Manufacturers may request Executive Officer approval to dis-
able an OBD II system monitor at ambient temperatures below twenty
degrees Fahrenheit (20°F) (low ambient temperature conditions may be
determined based on intake air or engine coolant temperature) or at eleva-
tions above 8000 feet above sea level. The Executive Officer shall ap-
prove the request upon determining that the manufacturer has provided
data and/or an engineering evaluation that demonstrate that monitoring
during the conditions would be unreliable. A manufacturer may further
request, and the Executive Officer shall approve, that an OBD II system
monitor be disabled at other ambient temperatures upon determining that
the manufacturer has demonstrated with data and/or an engineering eval-
uation that misdiagnosis would occur at the ambient temperatures be-
cause of its effect on the component itself (e.g., component freezing).
(17.4) Manufacturers may request Executive Officer approval to dis-
able monitoring systems that can be affected by low fuel level or running
out of fuel (e.g. , misfire detection) when the fuel level is 1 5 percent or less
of the nominal capacity of the fuel tank. The Executive Officer shall ap-
prove the request upon determining that the manufacturer has submitted
data and/or an engineering evaluation that demonstrate that monitoring
at the fuel levels would be unreliable.
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BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
( 1.7.5) Manufacturers may disable monitoring systems that can be af-
fected by vehicle battery or system voltage levels.
(17.5.1) For monitoring systems affected by low vehicle battery or
system voltages, manufacturers may disable monitoring systems when
the battery or system voltage is below 1 1 .0 Volts. Manufacturers may re-
quest Executive Officer approval to utilize a voltage threshold higher
than 11.0 Volts to disable system monitoring. The Executive Officer
shall approve the request upon determining that the manufacturer has
submitted data and/or an engineering evaluation that demonstrate that
monitoring at the voltages would be unreliable and that either operation
of a vehicle below the disablement criteria for extended periods of time
is unlikely or the OBD II system monitors the battery or system voltage
and will detect a malfunction at the voltage used to disable other moni-
tors.
(17.5.2) For monitoring systems affected by high vehicle battery or
system voltages, manufacturers may request Executive Officer approval
to disable monitoring systems when the battery or system voltage ex-
ceeds a manufacturer-defined voltage. The Executive Officer shall ap-
prove the request upon determining that the manufacturer has submitted
data and/or an engineering evaluation that demonstrate that monitoring
above the manufacturer-defined voltage would be unreliable and that ei-
ther the electrical charging system/alternator warning light is illuminated
(or voltage gauge is in the "red zone") or that the OBD II system monitors
the battery or system voltage and will detect a malfunction at the voltage
used to disable other monitors.
(17.6) A manufacturer may disable affected monitoring systems in ve-
hicles designed to accommodate the installation of Power Take-Off
(PTO) units (as defined in section (c)), provided disablement occurs only
while the PTO unit is active, and the OBD II readiness status is cleared
by the on-board computer (i.e., all monitors set to indicate "not com-
plete") while the PTO unit is activated (see section (g)(4.1)). If the dis-
ablement occurs, the readiness status may be restored to its state prior to
PTO activation when the disablement ends.
(17.7) A manufacturer may request Executive Officer approval to dis-
able affected monitoring systems in vehicles equipped with tire pressure
monitoring systems that cause a vehicle to enter a default mode of opera-
tion (e.g., reduced top speed) when a tire pressure problem is detected.
The Executive Officer shall approve the request upon determining that
the manufacturer has submitted data and/or an engineering evaluation
that demonstrate that the default mode can affect monitoring system per-
formance, that the tire pressure monitoring system will likely result in ac-
tion by the consumer to correct the problem, and that the disablement will
not prevent or hinder effective testing in an Inspection and Maintenance
program.
(17.8) Whenever the requirements in section (e) of this regulation re-
quire monitoring "to the extent feasible", the manufacturer shall submit
its proposed monitor(s) for Executive Officer approval. The Executive
Officer shall approve the proposal upon determining that the proposed
monitor(s) meets the criteria of "to the extent feasible" by considering the
best available monitoring technology to the extent that it is known or
should have been known to the manufacturer and given the limitations
of the manufacturer's existing hardware, the extent and degree to which
the monitoring requirements are met in full, the limitations of monitoring
necessary to prevent significant errors of commission and omission, and
the extent to which the manufacturer has considered and pursued alterna-
tive monitoring concepts to meet the requirements in full. The manufac-
turer's consideration and pursuit of alternative monitoring concepts shall
include evaluation of other modifications to the proposed monitor(s), the
monitored components themselves, and other monitors that use the mon-
itored components (e.g., altering other monitors to lessen the sensitivity
and reliance on the component or characteristic of the component subject
to the proposed monitor(s)).
(17.9) For 2004 model year vehicles certified to run on alternate fuels,
manufacturers may request the Executive Officer to waive specific moni-
toring requirements in section (e) for which monitoring may not be reli-
able with respect to the use of alternate fuels. The Executive Officer shall
grant the request upon determining that the manufacturer has demon-
strated that the use of the alternate fuel could cause false illumination of
the MIL even when using the best available monitoring technologies.
( 1 7. 10) For 2004 model year vehicles only, wherever the requirements
of section (e) reflect a substantive change from the requirements of title
13, CCR section 1968.1(b) for 2003 model year vehicles, the manufac-
turer may request Executive Officer approval to continue to use the re-
quirements of section 1968.1 in lieu of the requirements of section (e).
The Executive Officer shall approve the request upon determining that
the manufacturer has submitted data and/or engineering evaluation that
demonstrate that software or hardware changes would be required to
comply with the requirements of section (e) and that the system complies
with the requirements of section 1968.1(b).
(f) Monitoring Requirements for Diesel/Compression-fgnition En-
gines.
(1) Non-Methane Hydrocarbon (Nmhc) Converting Catalyst Moni-
toring
(1.1) Requirement: The OBD II system shall monitor the NMHC con-
verting catalyst(s) for proper NMHC conversion capability. For vehicles
equipped with catalyzed PM filters that convert NMHC emissions, the
catalyst function of the PM filter shall be monitored in accordance with
the PM filter requirements in section (f)(9).
(1.2) Malfunction Criteria:
(1.2.1) For purposes of section (f)(1), each catalyst in a series configu-
ration that converts NMHC shall be monitored either individually or in
combination with others.
(1.2.2) Conversion Efficiency:
(A) The OBD II system shall detect an NMHC catalyst malfunction
when the catalyst conversion capability decreases to the point that
NMHC emissions exceed:
(i) For passenger cars, light-duty trucks, and MDPVs certified to a
chassis dynamometer tailpipe emission standard:
a. 5.0 times the applicable FTP standards for 2004 through 2009 model
year vehicles;
b. 3.0 times the applicable FTP standards for 2010 through 201 2 model
year vehicles; and
c. 1.75 times the applicable FTP standards for 2013 and subsequent
model year vehicles.
(ii) For medium-duty vehicles (including MDPVs) certified to an en-
gine dynamometer tailpipe emission standard:
a. 2.5 times the applicable standards for 2007 through 2012 model year
vehicles; and
b. 2.0 times the applicable standards for 2013 and subsequent model
year vehicles.
(B) Except as provided below in section (f)(1.2.2)(C), if no failure or
deterioration of the catalyst NMHC conversion capability could result in
NMHC emissions exceeding the applicable malfunction criteria of sec-
tion (f)(l .2.2)(A), the OBD II system shall detect a malfunction when the
catalyst has no detectable amount of NMHC conversion capability.
(C) For 2004 through 2009 model year vehicles, a manufacturer may
request to be exempted from the requirements for NMHC catalyst con-
version efficiency monitoring. The Executive Officer shall approve the
request upon determining that the manufacturer has demonstrated,
through data and/or engineering evaluation, that the average FTP test
NMHC conversion efficiency of the system is less than 30 percent (i.e.,
the cumulative NMHC emissions measured at the outlet of the catalyst
are more than 70 percent of the cumulative engine-out NMHC emissions
measured at the inlet of the catalyst(s)).
(1.2.3) Other Aftertreatment Assistance Functions. Additionally, for
2010 and subsequent model year vehicles, the catalyst(s) shall be moni-
tored for other aftertreatment assistance functions:
(A) For catalysts used to generate an exotherm to assist PM filter re-
generation, the OBD II system shall detect a malfunction when the cata-
lyst is unable to generate a sufficient exotherm to achieve regeneration
of the PM filter.
Page 236.20(v)
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Title 13
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§ 1968.2
(B) For catalysts used to generate a feedgas constituency to assist SCR
systems (e.g., to increase N02 concentration upstream of an SCR sys-
tem), the OBD II system shall detect a malfunction when the catalyst is
unable to generate the necessary feedgas constituents for proper SCR
system operation.
(C) For catalysts located downstream of a PM filter and used to convert
NMHC emissions during PM filter regeneration, the OBD II system shall
detect a malfunction when the catalyst has no detectable amount of
NMHC conversion capability.
(D) For catalysts located downstream of an SCR system and used to
prevent ammonia slip, the OBD II system shall detect a malfunction
when the catalyst has no detectable amount of NMHC, CO, NOx, or PM
conversion capability. Monitoring of the catalyst shall not be required if
there is no measurable emission impact on the criteria pollutants (i.e.,
NMHC, CO, NOx, and PM) during any reasonable driving condition
where the catalyst is most likely to affect criteria pollutants (e.g., during
conditions most likely to result in ammonia generation or excessive re-
ductant delivery).
(1.2.4) Catalyst System Aging and Monitoring
(A) For purposes of determining the catalyst malfunction criteria in
sections (f)( 1.2.2) and (1.2.3) for individually monitored catalysts, the
manufacturer shall use a catalyst(s) deteriorated to the malfunction crite-
ria using methods established by the manufacturer to represent real world
catalyst deterioration under normal and malfunctioning engine operating
conditions. If the catalyst system contains catalysts in parallel (e.g., a two
bank exhaust system where each bank has its own catalyst), the malfunc-
tion criteria shall be determined with the "parallel" catalysts equally dete-
riorated.
(B) For purposes of determining the catalyst malfunction criteria in
sections (00-2.2) and (1.2.3) for catalysts monitored in combination
with others, the manufacturer shall submit a catalyst system aging and
monitoring plan to the Executive Officer for review and approval. The
plan shall include the description, emission control purpose, and location
of each component, the monitoring strategy for each component and/or
combination of components, and the method for determining the mal-
function criteria of sections (f)(1.2.2) and (1 .2.3) including the deteriora-
tion/aging process. If the catalyst system contains catalysts in parallel
(e.g., a two bank exhaust system where each bank has its own catalyst),
the malfunction criteria shall be determined with the ''parallel" catalysts
equally deteriorated. Executive Officer approval of the plan shall be
based on the representativeness of the aging to real world catalyst system
component deterioration under normal and malfunctioning engine oper-
ating conditions, the effectiveness of the method used to determine the
malfunction criteria of section (f)( 1.2), the ability of the component mon-
itors) to pinpoint the likely area of malfunction and ensure the correct
components are repaired/replaced in-use, and the ability of the compo-
nent monitor(s) to accurately verify that each catalyst component is func-
tioning as designed and as required in sections (0(1-2.2) and (1.2.3).
(1.3) Monitoring Conditions:
(1.3.1) Manufacturers shall define the monitoring conditions for mal-
functions identified in sections (0(1-2.2) and (1.2.3) in accordance with
sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio requirements). For
purposes of tracking and reporting as required in section (d)(3.2.2), all
monitors used to detect malfunctions identified in sections (0(1-2.2) and
(1.2.3) shall be tracked separately but reported as a single set of values
as specified in section (d)(5.2.2).
(1.4) MIL Illumination and Fault Code Storage:
(1.4. 1) General requirements for MIL illumination and fault code stor-
age are set forth in section (d)(2).
(1.4.2) The monitoring method for the catalyst(s) shall be capable of
detecting all instances, except diagnostic self-clearing, when a catalyst
fault code has been cleared but the catalyst has not been replaced (e.g.,
catalyst overtemperature histogram approaches are not acceptable).
(2) Oxides of Nitrogren (NOx) Converting Catalyst Monitoring
(2.1) Requirement: The OBD II system shall monitor the NOx con-
verting catalyst(s) for proper conversion capability. For vehicles
equipped with selective catalytic reduction (SCR) systems or other cata-
lyst systems that utilize an active/intrusive reductant injection (e.g., ac-
tive lean NOx catalysts utilizing diesel fuel injection), the OBD II system
shall monitor the SCR or active/intrusive reductant injection system for
proper performance. The individual electronic components (e.g., actua-
tors, valves, sensors, heaters, pumps) in the SCR or active/intrusive re-
ductant injection system shall be monitored in accordance with the com-
prehensive component requirements in section (0(15).
(2.2) Malfunction Criteria:
(2.2. 1 ) For purposes of section (0(2), each catalyst in a series configu-
ration that converts NOx shall be monitored either individually or in
combination with others.
(2.2.2) Conversion Efficiency:
(A) The OBD II system shall detect a NOx catalyst malfunction when
the catalyst conversion capability decreases to the point that NOx or
NMHC emissions exceed:
(i) For passenger cars, light-duty trucks, and MDPVs certified to a
chassis dynamometer tailpipe emission standard:
a. 3.0 times the applicable FTP standards for 2004 through 2009 model
year vehicles;
b. 2.5 times the applicable FTP standards for 2010 through 2012 model
year vehicles; and
c. 1.75 times the applicable FTP standards for 2013 and subsequent
model year vehicles.
(ii) For medium-duty vehicles (including MDPVs) certified to an en-
gine dynamometer tailpipe emission standard:
a. the applicable NOx standard by more than 0.5 g/bhp-hr (e.g., cause
NOx emissions to exceed 0.7 g/bhp-hr if the emission standard is 0.2
g/bhp-hr) as measured from an applicable cycle emission test or 3.5
times the applicable NMHC standard for 2007 through 2009 model year
vehicles;
b. the applicable NOx standard by more than 0.3 g/bhp-hr (e.g., cause
NOx emissions to exceed 0.5 g/bhp-hr if the emission standard is 0.2
g/bhp-hr) as measured from an applicable cycle emission test or 2.5
times the applicable NMHC standard for 2010 through 201 2 model year
vehicles; and
c. the applicable NOx standard by more than 0.2 g/bhp-hr (e.g., cause
NOx emissions to exceed 0.4 g/bhp-hr if the emission standard is 0.2
g/bhp-hr) as measured from an applicable cycle emission test or 2.0
times the applicable NMHC standard for 2013 and subsequent model
year vehicles.
(B) Except as provided below in section (0(2.2.2)(C), if no failure or
deterioration of the catalyst NOx or NMHC conversion capability could
result in NOx or NMHC emissions exceeding the applicable malfunction
criteria of section (0(2.2.2), the OBD II system shall detect a malfunction
when the catalyst has no detectable amount of NOx or NMHC conversion
capability.
(C) For 2004 through 2009 model year vehicles, a manufacturer may
request to be exempted from the requirements for NOx catalyst conver-
sion efficiency monitoring. The Executive Officer shall approve the re-
quest upon determining that the manufacturer has demonstrated, through
data and/or engineering evaluation, that the average FTP test NOx con-
version efficiency of the system is less than 30 percent (i.e., the cumula-
tive NOx emissions measured at the outlet of the catalyst are more than
70 percent of the cumulative engine-out NOx emissions measured at the
inlet of the catalyst(s)).
(2.2.3) Selective Catalytic Reduction (SCR) or Other Active/Intrusive
Reductant Injection System Performance:
(A) Reductant Delivery Performance:
(i) For 2007 and subsequent model year vehicles, the OBD II system
shall detect a system malfunction prior to any failure or deterioration of
the system to properly regulate reductant delivery (e.g., urea injection,
separate injector fuel injection, post injection of fuel, air assisted injec-
tion/mixing) that would cause a vehicle's NOx or NMHC emissions to
exceed the applicable emission levels specified in sections (0(2.2.2)(A).
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BARCLAYS CALIFORNIA CODE OF REGULATIONS
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(ii) If no failure or deterioration of the reductant delivery system could
result in a vehicle's NOx or NMHC emissions exceeding the applicable
malfunction criteria specified in section (f)(2.2.3)(A)(i), the OBD II sys-
tem shall detect a malfunction when the system has reached its control
limits such that it is no longer able to deliver the desired quantity of reduc-
tant.
(B) If the catalyst system uses a reductant other than the fuel used for
the engine or uses a reservoir/tank for the reductant that is separate from
the fuel tank used for the engine, the OBD II system shall detect a mal-
function when there is no longer sufficient reductant available to proper-
ly operate the reductant system (e.g., the reductant tank is empty).
(C) If the catalyst system uses a reservoir/tank for the reductant that
is separate from the fuel tank used for the vehicle, the OBD II system shall
detect a malfunction when an improper reductant is used in the reductant
reservoir/tank (e.g., the reductant tank is filled with something other than
the reductant).
(D) Feedback control: Except as provided for in section (f)(2.2.3)(E),
if the vehicle is equipped with feedback control of the reductant injection,
the OBD II system shall detect a malfunction:
(i) If the system fails to begin feedback control within a manufacturer
specified time interval;
(ii) If a failure or deterioration causes open loop or default operation;
or
(iii) If feedback control has used up all of the adjustment allowed by
the manufacturer and cannot achieve the feedback target.
(E) A manufacturer may request Executive Officer approval to tempo-
rarily disable monitoring for the malfunction criteria specified in section
(f)(2.2.3)(D)(iii) during conditions that a manufacturer cannot robustly
distinguish between a malfunctioning system and a properly operating
system. The Executive Officer shall approve the disablement upon the
manufacturer submitting data and/or analysis demonstrating that the
control system, when operating as designed on a vehicle with all emis-
sion controls working properly, routinely operates during these condi-
tions with all of the adjustment allowed by the manufacturer used up.
(F) In lieu of detecting the malfunctions specified in sections
(f)(2.2.3)(D)(i) and (ii) with a reductant injection system-specific moni-
tor, the OBD II system may monitor the individual parameters or compo-
nents that are used as inputs for reductant injection feedback control pro-
vided that the monitors detect all malfunctions that meet the criteria in
sections (f)(2.2.3)(D)(i) and (ii).
(2.2.4) Catalyst System Aging and Monitoring
(A) For purposes of determining the catalyst malfunction criteria in
section (f)(2.2.2) for individually monitored catalysts, the manufacturer
shall use a catalyst deteriorated to the malfunction criteria using methods
established by the manufacturer to represent real world catalyst deterio-
ration under normal and malfunctioning engine operating conditions. If
the catalyst system contains catalysts in parallel (e.g., a two bank exhaust
system where each bank has its own catalyst), the malfunction criteria
shall be determined with the "parallel" catalysts equally deteriorated.
(B) For purposes of determining the catalyst malfunction criteria in
section (f)(2.2.2) for catalysts monitored in combination with others, the
manufacturer shall submit a catalyst system aging and monitoring plan
to the Executive Officer for review and approval. The plan shall include
the description, emission control purpose, and location of each compo-
nent, the monitoring strategy for each component and/or combination of
components, and the method for determining the malfunction criteria of
section (f)(2.2.2) including the deterioration/aging process. If the cata-
lyst system contains catalysts in parallel (e.g., a two bank exhaust system
where each bank has its own catalyst), the malfunction criteria shall be
determined with the "parallel" catalysts equally deteriorated. Executive
Officer approval of the plan shall be based on the representativeness of
the aging to real world catalyst system component deterioration under
normal and malfunctioning engine operating conditions, the effective-
ness of the method used to determine the malfunction criteria of section
(f)(2.2.2), the ability of the component monitor(s) to pinpoint the likely
area of malfunction and ensure the correct components are repaired/re-
placed in-use, and the ability of the component monitor(s) to accurately
verify that each catalyst component is functioning as designed and as re-
quired in section (f)(2.2.2).
(2.3) Monitoring Conditions:
(2.3.1) Manufacturers shall define the monitoring conditions for mal-
functions identified in section (0(2.2.2) (i.e., catalyst efficiency) in ac-
cordance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio require-
ments). For purposes of tracking and reporting as required in section
(d)(3.2.2), all monitors used to detect malfunctions identified in section
(f)(2.2.2) shall be tracked separately but reported as a single set of values
as specified in section (d)(5.2.2).
(2.3.2) The OBD II system shall monitor continuously for malfunc-
tions identified in section (f)(2.2.3) (e.g., SCR performance).
(2.4) MIL Illumination and Fault Code Storage:
(2.4.1) Except as provided below for reductant faults, general require-
ments for MIL illumination and fault code storage are set forth in section
(d)(2).
(2.4.2) If the OBD II system is capable of discerning that a system fault
is being caused by a empty reductant tank:
(A) The manufacturer may request Executive Officer approval to
delay illumination of the MIL if the vehicle is equipped with an alterna-
tive indicator for notifying the vehicle operator of the malfunction. The
Executive Officer shall approve the request upon determining the alter-
native indicator is of sufficient illumination and location to be readily vis-
ible under all lighting conditions and provides equivalent assurance that
a vehicle operator will be promptly notified and that corrective action
will be undertaken.
(B) If the vehicle is not equipped with an alternative indicator and the
MIL illuminates, the MIL may be immediately extinguished and the cor-
responding fault codes erased once the OBD II system has verified that
the reductant tank has been properly refilled and the MIL has not been
illuminated for any other type of malfunction.
(C) The Executive Officer may approve other strategies that provide
equivalent assurance that a vehicle operator will be promptly notified and
that corrective action will be undertaken.
(2.4.3) The monitoring method for the catalyst(s) shall be capable of
detecting all instances, except diagnostic self-clearing, when a catalyst
fault code has been cleared but the catalyst has not been replaced (e.g.,
catalyst overtemperature histogram approaches are not acceptable).
(3) Misfire Monitoring
(3.1) Requirement:
(3.1.1) The OBD II system shall monitor the engine for misfire causing
excess emissions. The OBD II system shall be capable of detecting mis-
fire occurring in one or more cylinders. To the extent possible without
adding hardware for this specific purpose, the OBD II system shall also
identify the specific misfiring cylinder.
(3.1.2) If more than one cylinder is misfiring, a separate fault code
shall be stored indicating that multiple cylinders are misfiring. When
identifying multiple cylinder misfire, the OBD II system is not required
to also identify each of the misfiring cylinders individually through sepa-
rate fault codes.
(3.2) Malfunction Criteria:
(3.2.1) The OBD II system shall detect a misfire malfunction when one
or more cylinders are continuously misfiring.
(3.2.2) Additionally, for 2010 and subsequent model year vehicles
equipped with sensors that can detect combustion or combustion quality
(e.g., for use in homogeneous charge compression ignition (HCCI) con-
trol systems):
(A) The OBD II system shall detect a misfire malfunction that would
cause a vehicle's NMHC, CO, NOx, or PM emissions to exceed:
(i) For passenger cars, light-duty trucks, and MDPVs certified to a
chassis dynamometer tailpipe emission standard, 1 .5 times any of the ap-
plicable FTP standards.
(ii) For medium-duty vehicles (including MDPVs) certified to an en-
gine dynamometer tailpipe emission standard, 2.0 times any of the appli-
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Title 13
Air Resources Board
§ 1968.2
cable NMHC, CO, and NOx standards or 0.03 g/bhp-hr PM as measured
from an applicable cycle emission test.
(B) Manufacturers shall determine the percentage of misfire evaluated
in 1000 revolution increments that would cause NMHC, CO, NOx, or
PM emissions from an emission durability demonstration vehicle to ex-
ceed the levels specified in section (f)(3.2.2)(A) if the percentage of mis-
fire were present from the beginning of the test. To establish this percent-
age of misfire, the manufacturer shall utilize misfire events occurring at
equally spaced, complete engine cycle intervals, across randomly se-
lected cylinders throughout each 1 000-revolution increment. If this per-
centage of misfire is determined to be lower than one percent, the
manufacturer may set the malfunction criteria at one percent.
(C) Subject to Executive Officer approval, a manufacturer may
employ other revolution increments. The Executive Officer shall grant
approval upon determining that the manufacturer has demonstrated that
the strategy would be equally effective and timely in detecting misfire.
(3.2.3) A malfunction shall be detected if the percentage of misfire es-
tablished in section (f)(3.2.2)(B) is exceeded regardless of the pattern of
misfire events (e.g., random, equally spaced, continuous).
(3.3) Monitoring Conditions:
(3.3.1) The OBD II system shall monitor for misfire during engine idle
conditions at least once per driving cycle in which the monitoring condi-
tions for misfire are met. A manufacturer shall submit monitoring condi-
tions to the Executive Officer for approval. The Executive Officer shall
approve manufacturer-defined monitoring conditions that are deter-
mined (based on manufacturer-submitted data and/or other engineering
documentation) to: (i) be technically necessary to ensure robust detection
of malfunctions (e.g., avoid false passes and false detection of malfunc-
tions), (ii) require no more than 1000 cumulative engine revolutions, and
(iii) do not require any single continuous idle operation of more than 15
seconds to make a determination that a malfunction is present (e.g., a de-
cision can be made with data gathered during several idle operations of
15 seconds or less); or satisfy the requirements of (d)(3.1) with alterna-
tive engine operating conditions.
(3.3.2) Manufacturers may request Executive Officer approval to use
alternate monitoring conditions (e.g., off-idle). The Executive Officer
shall approve alternate monitoring conditions that are determined (based
on manufacturer-submitted data and/or other engineering documenta-
tion) to ensure equivalent robust detection of malfunctions and equiva-
lent timeliness in detection of malfunctions.
(3.3.3) Additionally, for 2010 and subsequent model year vehicles
subject to (f)(3.2.2):
(A) The OBD II system shall continuously monitor for misfire under
all positive torque engine speeds and load conditions.
(B) If a monitoring system cannot detect all misfire patterns under all
required engine speed and load conditions as required in section
(f)(3.3.3)(A), the manufacturer may request Executive Officer approval
to accept the monitoring system. In evaluating the manufacturer's re-
quest, the Executive Officer shall consider the following factors: the
magnitude of the region(s) in which misfire detection is limited, the de-
gree to which misfire detection is limited in the region(s) (i.e., the proba-
bility of detection of misfire events), the frequency with which said re-
gion^) are expected to be encountered in-use, the type of misfire
patterns for which misfire detection is troublesome, and demonstration
that the monitoring technology employed is not inherently incapable of
detecting misfire under required conditions (i.e., compliance can be
achieved on other engines). The evaluation shall be based on the follow-
ing misfire patterns: equally spaced misfire occurring on randomly se-
lected cylinders, single cylinder continuous misfire, and paired cylinder
(cylinders firing at the same crank angle) continuous misfire.
(3.4) MIL Illumination and Fault Code Storage:
(3.4. 1 ) General requirements for MIL illumination and fault code stor-
age are set forth in section (d)(2).
(3.4.2) Additionally, for 2010 and subsequent model year vehicles
subject to (f)(3. 2.2):
(A) Upon detection of the percentage of misfire specified in section
(f)(3.2.2)(B), the following criteria shall apply for MIL illumination and
fault code storage:
(i) A pending fault code shall be stored no later than after the fourth
exceedance of the percentage of misfire specified in section (f)(3.2.2)(B)
during a single driving cycle.
(ii) If a pending fault code is stored, the OBD II system shall illuminate
the MIL and store a confirmed fault code within 10 seconds if the percent-
age of misfire specified in section (f)(3.2.2)(B) is again exceeded four
times during: (a) the driving cycle immediately following the storage of
the pending fault code, regardless of the conditions encountered during
the driving cycle; or (b) on the next driving cycle in which similar condi-
tions (see section (c)) to the engine conditions that occurred when the
pending fault code was stored are encountered.
(iii) The pending fault code may be erased at the end of the next driving
cycle in which similar conditions to the engine conditions that occurred
when the pending fault code was stored have been encountered without
an exceedance of the specified percentage of misfire. The pending code
may also be erased if similar conditions are not encountered during the
next 80 driving cycles immediately following initial detection of the mal-
function.
(B) Storage of freeze frame conditions.
(i) The OBD II system shall store and erase freeze frame conditions
either in conjunction with storing and erasing a pending fault code or in
conjunction with storing a confirmed fault code and erasing a confirmed
fault code.
(ii) If freeze frame conditions are stored for a malfunction other than
a misfire malfunction when a fault code is stored as specified in section
(f)(3.4.2). the stored freeze frame information shall be replaced with
freeze frame information regarding the misfire malfunction.
(C) Storage of misfire conditions for similar conditions determination.
Upon detection of misfire under section (f)(3.4.2), the OBD II system
shall store the following engine conditions: engine speed, load, and
warm-up status of the first misfire event that resulted in the storage of the
pending fault code.
(D) Extinguishing the MIL. The MIL may be extinguished after three
sequential driving cycles in which similar conditions have been encoun-
tered without an exceedance of the specified percentage of misfire.
(4) Fuel System Monitoring
(4.1) Requirement:
The OBD II system shall monitor the fuel delivery system to determine
its ability to comply with emission standards. The individual electronic
components (e.g., actuators, valves, sensors, pumps) that are used in the
fuel system and not specifically addressed in this section shall be moni-
tored in accordance with the comprehensive component requirements in
section (f)(15).
(4.2) Malfunction Criteria:
(4.2.1) Fuel system pressure control:
(A) The OBD II system shall detect a malfunction of the fuel system
pressure control system (e.g., fuel, hydraulic fluid) prior to any failure or
deterioration that would cause a vehicle's NMHC, CO, NOx, or PM
emissions to exceed:
(i) For passenger cars, light-duty trucks, and MDPVs certified to a
chassis dynamometer tailpipe emission standard:
a. 3.0 times the applicable FTP standards for 2004 through 2009 model
year vehicles;
b. 2.0 times the applicable FTP standards for 2010 through 201 2 model
year vehicles; and
c. 1 .5 times the applicable FTP NMHC, CO, or NOx standards or 2.0
times the applicable FTP PM standard for 2013 and subsequent model
year vehicles.
(ii) For medium-duty vehicles (including MDPVs) certified to an en-
gine dynamometer tailpipe emission standard:
a. 1 .5 times any of the applicable NMHC, CO, and NOx standards or
0.03 g/bhp-hr PM as measured from an applicable cycle emission test for
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BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
2007 and subsequent model year vehicles certified to an engine dy-
namometer tailpipe NOx emission standard of greater than 0.50 g/bhp-hr
NOx;
b. 2.5 times any of the applicable NMHC or CO standards, the applica-
ble NOx standard by more than 0.3 g/bhp-hr (e.g., cause NOx emissions
to exceed 0.5 g/bhp-hr if the emission standard is 0.2 g/bhp-hr) as mea-
sured from an applicable cycle emission test, or 0.03 g/bhp-hr PM as
measured from an applicable cycle emission test for 2007 through 2012
model year vehicles certified to an engine dynamometer tailpipe NOx
emission standard of less than or equal to 0.50 g/bhp-hr NOx; and
c. 2.0 times any of the applicable NMHC or CO standards, the applica-
ble NOx standard by more than 0.2 g/bhp-hr (e.g., cause NOx emissions
to exceed 0.4 g/bhp-hr if the emission standard is 0.2 g/bhp-hr) as mea-
sured from an applicable cycle emission test, or 0.03 g/bhp-hr PM as
measured from an applicable cycle emission test for 201 3 and subsequent
model year vehicles certified to an engine dynamometer tailpipe NOx
emission standard of less than or equal to 0.50 g/bhp-hr NOx;
(B) For vehicles in which no failure or deterioration of the fuel system
pressure control could result in a vehicle's emissions exceeding the ap-
plicable malfunction criteria specified in section (f)(4.2.1)(A), the OBD
II system shall detect a malfunction when the system has reached its con-
trol limits such that the commanded fuel system pressure cannot be deliv-
ered.
(4.2.2) Injection quantity. Additionally, for all 2010 and subsequent
model year vehicles, the fuel system shall be monitored for injection
quantity:
(A) The OBD II system shall detect a malfunction of the fuel injection
system when the system is unable to deliver the commanded quantity of
fuel necessary to maintain a vehicle's NMHC, CO, NOx and PM emis-
sions at or below:
(i) For passenger cars, light-duty trucks, and MDPVs certified to a
chassis dynamometer tailpipe emission standard:
a. 3.0 times the applicable FTP standards for 201 0 through 201 2 model
year vehicles; and
b. 1.5 times the applicable FTP NMHC, CO, or NOx standards or 2.0
times the applicable FTP PM standard for 2013 and subsequent model
year vehicles.
(ii) For medium-duty vehicles (including MDPVs) certified to an en-
gine dynamometer tailpipe emission standard, the applicable emission
levels specified in sections (f)(4.2.1)(A)(ii).
(B) For vehicles in which no failure or deterioration of the fuel injec-
tion quantity could result in a vehicle's emissions exceeding the applica-
ble malfunction criteria specified in section (f)(4.2.2)(A), the OBD II
system shall detect a malfunction when the system has reached its control
limits such that the commanded fuel quantity cannot be delivered.
(4.2.3) Injection Timing. Additionally, for all 2010 and subsequent
model year vehicles, the fuel system shall be monitored for injection tim-
ing:
(A) The OBD II system shall detect a malfunction of the fuel injection
system when the system is unable to deliver fuel at the proper crank
angle/timing (e.g., injection timing too advanced or too retarded) neces-
sary to maintain a vehicle's NMHC, CO, NOx, and PM emissions at or
below the applicable emission levels specified in sections (f)(4.2.2)(A).
(B) For vehicles in which no failure or deterioration of the fuel injec-
tion timing could result in a vehicle's emissions exceeding the applicable
malfunction criteria specified in section (f)(4.2.3)(A), the OBD II system
shall detect a malfunction when the system has reached its control limits
such that the commanded fuel injection timing cannot be achieved.
(4.2.4) Feedback control:
(A) Except as provided for in section (f)(4.2.4)(B), if the vehicle is
equipped with feedback control of the fuel system (e.g., feedback control
of pressure or pilot injection quantity), the OBD II system shall detect a
malfunction:
(i) If the system fails to begin feedback control within a manufacturer
specified time interval;
(ii) If a failure or deterioration causes open loop or default operation;
or
(iii) If feedback control has used up all of the adjustment allowed by
the manufacturer and cannot achieve the feedback target.
(B) A manufacturer may request Executive Officer approval to tempo-
rarily disable monitoring for the malfunction criteria specified in section
(f)(4.2.4)(A)(iii) during conditions that a manufacturer cannot robustly
distinguish between a malfunctioning system and a properly operating
system. The Executive Officer shall approve the disablement upon the
manufacturer submitting data and/or analysis demonstrating that the
control system, when operating as designed on a vehicle with all emis-
sion controls working properly, routinely operates during these condi-
tions with all of the adjustment allowed by the manufacturer used up.
(C) In lieu of detecting the malfunctions specified in sections
(f)(4.2.4)(A)(i) and (ii) with a fuel system-specific monitor, the OBD II
system may monitor the individual parameters or components that are
used as inputs for fuel system feedback control provided that the moni-
tors detect all malfunctions that meet the criteria in sections
(f)(4.2.4)(A)(i) and (ii).
(4.3) Monitoring Conditions:
(4.3.1) The OBD II system shall monitor continuously for malfunc-
tions identified in sections (f)(4.2.1) and (f)(4.2.4) (i.e., fuel pressure
control and feedback operation).
(4.3.2) Manufacturers shall define the monitoring conditions for mal-
functions identified in sections (f)(4.2.2) and (f)(4.2.3) (i.e., injection
quantity and timing) in accordance with sections (d)(3.1) and (d)(3.2)
(i.e., minimum ratio requirements).
(4.4) MIL Illumination and Fault Code Storage:
(4.4. 1 ) General requirements for MIL illumination and fault code stor-
age are set forth in section (d)(2).
(4.4.2) Additionally, for malfunctions identified in section (f)(4.2.1)
(i.e., fuel pressure control) on all 2010 and subsequent model year ve-
hicles:
(A) A pending fault code shall be stored immediately upon the fuel
system exceeding the malfunction criteria established pursuant to section
(0(4.2.1).
(B) Except as provided below, if a pending fault code is stored, the
OBD II system shall immediately illuminate the MIL and store a con-
firmed fault code if a malfunction is again detected during either of the
following two events: (a) the driving cycle immediately following the
storage of the pending fault code, regardless of the conditions encoun-
tered during the driving cycle; or (b) on the next driving cycle in which
similar conditions (see section (c)) to those that occurred when the pend-
ing fault code was stored are encountered.
(C) The pending fault code may be erased at the end of the next driving
cycle in which similar conditions have been encountered without an ex-
ceedance of the specified fuel system malfunction criteria. The pending
code may also be erased if similar conditions are not encountered during
the 80 driving cycles immediately after the initial detection of a malfunc-
tion for which the pending code was set.
(D) Storage of freeze frame conditions.
(i) A manufacturer shall store and erase freeze frame conditions either
in conjunction with storing and erasing a pending fault code or in con-
junction with storing and erasing a confirmed fault code.
(ii) If freeze frame conditions are stored for a malfunction other than
misfire (see section (f)(3)) or fuel system malfunction when a fault code
is stored as specified in section (f)(4.4.2) above, the stored freeze frame
information shall be replaced with freeze frame information regarding
the fuel system malfunction.
(E) Storage of fuel system conditions for determining similar condi-
tions of operation. Upon detection of a fuel system malfunction under
section (f)(4.4.2), the OBD II system shall store the engine speed, load,
and warm-up status of the first fuel system malfunction that resulted in
the storage of the pending fault code.
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Title 13
Air Resources Board
§ 1968.2
•
•
(F) Extinguishing the MIL. The MIL may be extinguished after three
sequential driving cycles in which similar conditions have been encoun-
tered without a malfunction of the fuel system.
(5) Exhaust Gas Sensor Monitoring
(5.1) Requirement:
(5. 1.1) The OBD 11 system shall monitor all exhaust gas sensors (e.g.,
oxygen, air-fuel ratio, NOx) used for emission control system feedback
(e.g., EGR control/feedback, SCR control/feedback, NOx adsorber con-
trol/feedback) or as a monitoring device for proper output signal, activ-
ity, response rate, and any other parameter that can affect emissions.
(5.1.2) For vehicles equipped with heated exhaust gas sensors, the
OBD II system shall monitor the heater for proper performance.
(5.2) Malfunction Criteria:
(5.2.1) Air-Fuel Ratio Sensors:
(A) For sensors located upstream of the exhaust aftertreatment:
(i) Sensor performance faults: The OBD II system shall detect a mal-
function prior to any failure or deterioration of the sensor voltage, resis-
tance, impedance, current, response rate, amplitude, offset, or other char-
acteristic^) that would cause a vehicle's NMHC, CO, NOx, or PM
emissions to exceed:
a. For passenger cars, light-duty trucks, and MDPVs certified to a
chassis dynamometer tailpipe emission standard:
1 . 2.5 times the applicable FTP standards for 2004 through 2009 model
year vehicles;
2. 2.0 times the applicable FTP standards for 201 0 through 2012 model
year vehicles; and
3. 1.5 times the applicable FTP NMHC, CO, or NOx standards or 2.0
times the applicable FTP PM standard for 201 3 and subsequent model
year vehicles.
b. For medium-duty vehicles (including MDPVs) certified to an en-
gine dynamometer tailpipe emission standard:
1. 1.5 times the applicable NMHC, CO, and NOx standards or 0.03
g/bhp-hr PM as measured from an applicable cycle emission test for
2007 and subsequent model year vehicles certified to an engine dy-
namometer tailpipe NOx emission standard of greater than 0.50 g/bhp-hr
NOx;
2. 2.5 times the applicable NMHC or CO standards, the applicable
NOx standard by more than 0.3 g/bhp-hr (e.g., cause NOx emissions to
exceed 0.5 g/bhp-hr if the emission standard is 0.2 g/bhp-hr) as mea-
sured from an applicable cycle emission test, or 0.03 g/bhp-hr PM as
measured from an applicable cycle emission test for 2007 through 201 2
model year vehicles certified to an engine dynamometer tailpipe NOx
emission standard of less than or equal to 0.50 g/bhp-hr NOx; and
3. 2.0 times the applicable NMHC or CO standards, the applicable
NOx standard by more than 0.2 g/bhp-hr (e.g., cause NOx emissions to
exceed 0.4 g/bhp-hr if the emission standard is 0.2 g/bhp-hr) as mea-
sured from an applicable cycle emission test, or 0.03 g/bhp-hr PM as
measured from an applicable cycle emission test for 201 3 and subsequent
model year vehicles certified to an engine dynamometer tailpipe NOx
emission standard of less than or equal to 0.50 g/bhp-hr NOx.
(ii) Circuit faults: The OBD II system shall detect malfunctions of the
sensor caused by either a lack of circuit continuity or out-of-range val-
ues.
(iii) Feedback faults: The OBD II system shall detect a malfunction of
the sensor when a sensor failure or deterioration causes an emission con-
trol system (e.g., EGR, SCR, or NOx adsorber) to stop using that sensor
as a feedback input (e.g., causes default or open-loop operation).
(iv) Monitoring capability: To the extent feasible, the OBD II system
shall detect a malfunction of the sensor when the sensor output voltage,
resistance, impedance, current, amplitude, activity, offset, or other char-
acteristics are no longer sufficient for use as an OBD II system monitor-
ing device (e.g., for catalyst, EGR, SCR, or NOx adsorber monitoring).
(B) For sensors located downstream of the exhaust aftertreatment:
(i) Sensor performance faults: The OBD II system shall detect a mal-
function prior to any failure or deterioration of the sensor voltage, resis-
tance, impedance, current, response rate, amplitude, offset, or other char-
acteristic^) that would cause a vehicle's NMHC, CO, NOx, or PM
emissions to exceed:
a. For passenger cars, light-duty trucks, and MDPVs certified to a
chassis dynamometer tailpipe emission standard:
1.3.5 times the applicable FTP NMHC, CO, or NOx standards or 5.0
times the applicable FTP PM standard for 2004 through 2009 model year
vehicles;
2. 2.5 times the applicable FTP NMHC, CO, or NOx standards or 4.0
times the applicable FTP PM standard for 2010 through 201 2 model year
vehicles;
3. 1.5 times the applicable FTP NMHC or CO standards, 1.75 times
the applicable FTP NOx standard, or 2.0 times the applicable FTP PM
standard for 2013 and subsequent model year vehicles.
b. For medium-duty vehicles (including MDPVs) certified to an en-
gine dynamometer tailpipe emission standard:
1. 2.5 times the applicable NMHC or CO standards, the applicable
NOx standard by more than 0.5 g/bhp-hr (e.g., cause NOx emissions to
exceed 0.7 g/bhp-hr if the emission standard is 0.2 g/bhp-hr) as mea-
sured from an applicable cycle emission test, or 0.05 g/bhp-hr PM as
measured from an applicable cycle emission test for 2007 through 2009
model year vehicles certified to an engine dynamometer tailpipe NOx
emission standard of greater than 0.50 g/bhp-hr NOx;
2. 2.5 times the applicable NMHC or CO standards, the applicable
NOx standard by more than 0.3 g/bhp-hr (e.g., cause NOx emissions to
exceed 0.5 g/bhp-hr if the emission standard is 0.2 g/bhp-hr) as mea-
sured from an applicable cycle emission test, or 0.05 g/bhp-hr PM as
measured from an applicable cycle emission test for 2007 through 2012
model year vehicles certified to an engine dynamometer tailpipe NOx
emission standard of less than or equal to 0.50 g/bhp-hr NOx; and
3. 2.0 times the applicable NMHC or CO standards, the applicable
NOx standard by more than 0.2 g/bhp-hr (e.g., cause NOx emissions to
exceed 0.4 g/bhp-hr if the emission standard is 0.2 g/bhp-hr) as mea-
sured from an applicable cycle emission test, or 0.03 g/bhp-hr PM as
measured from an applicable cycle emission test for 2013 and subsequent
model year vehicles certified to an engine dynamometer tailpipe NOx
emission standard of less than or equal to 0.50 g/bhp-hr NOx.
(ii) Circuit faults: The OBD II system shall detect malfunctions of the
sensor caused by either a lack of circuit continuity or out-of-range val-
ues.
(iii) Feedback faults: The OBD II system shall detect a malfunction of
the sensor when a sensor failure or deterioration causes an emission con-
trol system (e.g., EGR, SCR, or NOx adsorber) to stop using that sensor
as a feedback input (e.g., causes default or open-loop operation).
(iv) Monitoring capability: To the extent feasible, the OBD II system
shall detect a malfunction of the sensor when the sensor output voltage,
resistance, impedance, current, amplitude, activity, offset, or other char-
acteristics are no longer sufficient for use as an OBD II system monitor-
ing device (e.g., for catalyst, EGR, SCR, or NOx adsorber monitoring).
(5.2.2) NOx and PM sensors:
(A) Sensor performance faults: The OBD II system shall detect a mal-
function prior to any failure or deterioration of the sensor voltage, resis-
tance, impedance, current, response rate, amplitude, offset, or other char-
acteristic^) that would cause a vehicle's emissions to exceed:
(i) For passenger cars, light-duty trucks, and MDPVs certified to a
chassis dynamometer tailpipe emission standard:
1 . 3.5 times the applicable FTP NMHC, CO, or NOx standards or 5.0
times the applicable FTP PM standard for 2004 through 2009 model year
vehicles;
2. 2.5 times the applicable FTP NMHC, CO, or NOx standards, or 4.0
times the applicable FTP PM standard for 2010 through 2012 model year
vehicles;
3. 1.5 times the applicable FTP NMHC or CO standards, 1.75 times
the applicable FTP NOx standard, or 2.0 times the applicable FTP PM
standard for 2013 and subsequent model year vehicles.
(ii) For medium-duty vehicles (including MDPVs) certified to an en-
gine dynamometer tailpipe emission standard:
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§ 1968.2
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
a. 2.5 times the applicable NMHC standards, the applicable NOx stan-
dard by more than 0.5 g/bhp-hr (e.g.. cause NOx emissions to exceed 0.7
g/bhp-hr if the emission standard is 0.2 g/bhp-hr) as measured from an
applicable cycle emission test or 0.05 g/bhp-hr PM as measured from an
applicable cycle emission test for 2007 through 2009 model year ve-
hicles;
b. 2.5 times the applicable NMHC standards, the applicable NOx stan-
dard by more than 0.3 g/bhp-hr (e.g., cause NOx emissions to exceed 0.5
g/bhp-hr if the emission standard is 0.2 g/bhp-hr) as measured from an
applicable cycle emission test or 0.05 g/bhp-hr PM as measured from an
applicable cycle emission test for 2010 through 2012 model year ve-
hicles; and
c. 2.0 times the applicable NMHC standards, the applicable NOx stan-
dard by more than 0.2 g/bhp-hr (e.g., cause NOx emissions to exceed 0.4
g/bhp-hr if the emission standard is 0.2 g/bhp-hr) as measured from an
applicable cycle emission test or 0.03 g/bhp-hr PM as measured from an
applicable cycle emission test for 2013 and subsequent model year ve-
hicles.
(B) Circuit faults: The OBD II system shall detect malfunctions of the
sensor caused by either a lack of circuit continuity or out-of-range val-
ues.
(C) Feedback faults: The OBD II system shall detect a malfunction of
the sensor when a sensor failure or deterioration causes an emission con-
trol system (e.g., EGR, SCR, or NOx adsorber) to stop using that sensor
as a feedback input (e.g., causes default or open-loop operation).
(D) Monitoring capability: To the extent feasible, the OBD II system
shall detect a malfunction of the sensor when the sensor output voltage,
resistance, impedance, current, amplitude, activity, offset, or other char-
acteristics are no longer sufficient for use as an OBD II system monitor-
ing device (e.g., for catalyst, EGR, PM filter. SCR, or NOx adsorber
monitoring).
(5.2.3) Other exhaust gas sensors:
(A) For other exhaust gas sensors, the manufacturer shall submit a
monitoring plan to the Executive Officer for approval. The Executive Of-
ficer shall approve the request upon determining that the manufacturer
has submitted data and an engineering evaluation that demonstrate that
the monitoring plan is as reliable and effective as the monitoring plan re-
quired for air-fuel ratio sensors and NOx sensors under sections
(f)(5.2.I) and (0(5.2.2).
(5.2.4) Sensor Heaters:
(A) The OBD II system shall detect a malfunction of the heater perfor-
mance when the current or voltage drop in the heater circuit is no longer
within the manufacturer's specified limits for normal operation (i.e.,
within the criteria required to be met by the component vendor for heater
circuit performance at high mileage). Subject to Executive Officer ap-
proval, other malfunction criteria for heater performance malfunctions
may be used upon the Executive Officer determining that the manufac-
turer has submitted data and/or an engineering evaluation that demon-
strate the monitoring reliability and timeliness to be equivalent to the
stated criteria in section (f)(5.2.4)(A).
(B) The OBD II system shall detect malfunctions of the heater circuit
including open or short circuits that conflict with the commanded state
of the heater (e.g., shorted to 12 Volts when commanded to 0 Volts
(ground)).
(5.3) Monitoring Conditions:
(5.3.1) Exhaust Gas Sensors
(A) Manufacturers shall define the monitoring conditions for malfunc-
tions identified in sections (f)(5.2.1)(A)(i), (5.2.1)(B)(i), and (5.2.2)(A)
(e.g., sensor performance faults) in accordance with sections (d)(3.1) and
(d)(3.2) (i.e., minimum ratio requirements). For all 2010 and subsequent
model year vehicles, for purposes of tracking and reporting as required
in section (d)(3.2.2), all monitors used to detect malfunctions identified
in sections (f)(5.2.1)(A)(i), (5.2.1)(B)(i), and (5.2.2)(A) shall be tracked
separately but reported as a single set of values as specified in section
(d)(5.2.2).
(B) Manufacturers shall define the monitoring conditions for malfunc-
tions identified in sections (f)(5.2.1)(A)(iv), (5.2.1)(B)(iv), and
(5.2.2)(D) (e.g., monitoring capability) in accordance with sections
(d)(3.l) and (d)(3.2) (i.e., minimum ratio requirements) with the excep-
tion that monitoring shall occur every time the monitoring conditions are
met during the driving cycle in lieu of once per driving cycle as required
in section (d)(3.1.2).
(C) Except as provided in section (f)(5.3.1)(D), monitoring for mal-
functions identified in sections (f)(5.2.1)(A)(ii), (5.2.1)(A)(iii),
(5.2.1)(B)(ii),(5.2.1)(B)(iii),(5.2.2)(B), and (5.2.2)(C) (i.e., circuit con-
tinuity, out-of-range, and open-loop malfunctions) shall be conducted
continuously.
(D) A manufacturer may request Executive Officer approval to disable
continuous exhaust gas sensor monitoring when an exhaust gas sensor
malfunction cannot be distinguished from other effects (e.g., disable out-
of-range low monitoring during fuel cut conditions). The Executive Of-
ficer shall approve the disablement upon determining that the manufac-
turer has submitted test data and/or documentation that demonstrate a
properly functioning sensor cannot be distinguished from a malfunction-
ing sensor and that the disablement interval is limited only to that neces-
sary for avoiding false detection.
(5.3.2) Sensor Heaters
(A) Manufacturers shall define monitoring conditions for malfunc-
tions identified in section (f)(5.2.4)(A) (i.e., sensor heater performance)
in accordance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio re-
quirements).
(B) Monitoring for malfunctions identified in section (f)(5.2.4)(B)
(i.e., circuit malfunctions) shall be conducted continuously.
(5.4) MIL Illumination and Fault Code Storage: General requirements
for MIL illumination and fault code storage are set forth in section (d)(2).
(6) Exhaust Gas Recirculation (EGR) System Monitoring
(6.1) Requirement: The OBD II system shall monitor the EGR system
on vehicles so-equipped for low flow rate, high flow rate, and slow re-
sponse malfunctions. For vehicles equipped with EGR coolers (e.g., heat
exchangers), the OBD II system shall monitor the cooler for insufficient
cooling malfunctions. The individual electronic components (e.g., actua-
tors, valves, sensors) that are used in the EGR system shall be monitored
in accordance with the comprehensive component requirements in sec-
tion (f)(15).
(6.2) Malfunction Criteria:
(6.2.1) Low How:
(A) The OBD II system shall detect a malfunction of the EGR system
at or prior to a decrease from the manufacturer's specified EGR flow rate
that would cause a vehicle's NMHC, CO, NOx, or PM emissions to ex-
ceed:
(i) For passenger cars, light-duty trucks, and MDPVs certified to a
chassis dynamometer tailpipe emission standard:
a. 3.0 times the applicable FTP standards for 2004 through 2009 model
year vehicles;
b. 2.5 times the applicable FTP standards for 2010 through 2012 model
year vehicles; and
c. 1.5 times the applicable FTP NMHC, CO, or NOx standards or 2.0
times the applicable FTP PM standard for 2013 and subsequent model
year vehicles.
(ii) For medium-duty vehicles (including MDPVs) certified to an en-
gine dynamometer tailpipe emission standard:
a. 1 .5 times the applicable FTP standards for 2004 through 2006 model
year vehicles;
b. 1.5 times the applicable NMHC, CO, and NOx standards or 0.03
g/bhp-hr PM as measured from an applicable cycle emission test for
2007 and subsequent model year vehicles certified to an engine dy-
namometer tailpipe NOx emission standard of greater than 0.50 g/bhp-hr
NOx;
c. 2.5 times the applicable NMHC or CO standards, the applicable
NOx standard by more than 0.3 g/bhp-hr (e.g., cause NOx emissions to
•
Page236.20(z)(2)
Register 2007, No. 45; 11-9-2007
Title 13
Air Resources Board
§ 1968.2
exceed 0.5 g/bhp-hr if the emission standard is 0.2 g/bhp-hr) as mea-
sured from an applicable cycle emission test, or 0.03 g/bhp-hr PM as
measured from an applicable cycle emission test for 2007 through 2012
model year vehicles certified to an engine dynamometer tailpipe NOx
emission standard of less than or equal to 0.50 g/bhp-hr NOx; and
d. 2.0 times the applicable NMHC or CO standards, the applicable
NOx standard by more than 0.2 g/bhp-hr (e.g., cause NOx emissions to
exceed 0.4 g/bhp-hr if the emission standard is 0.2 g/bhp-hr) as mea-
sured from an applicable cycle emission test, or 0.03 g/bhp-hr PM as
measured from an applicable cycle emission test for 201 3 and subsequent
model year vehicles certified to an engine dynamometer tailpipe NOx
emission standard of less than or equal to 0.50 g/bhp-hr NOx.
(B) For vehicles in which no failure or deterioration of the EGR system
that causes a decrease in flow could result in a vehicle's emissions ex-
ceeding the malfunction criteria specified in section (f)(6.2.1)(A), the
OBD II system shall detect a malfunction when the system has reached
its control limits such that it cannot increase EGR flow to achieve the
commanded flow rate.
(6.2.2) High Flow:
(A) The OBD II system shall detect a malfunction of the EGR system,
including a leaking EGR valve (i.e., exhaust gas flowing through the
valve when the valve is commanded closed), at or prior to an increase
from the manufacturer's specified EGR flow rate that would cause a ve-
hicle's NMHC, CO, NOx, or PM emissions to exceed the applicable
emission levels specified in sections (0(6.2. 1)(A):
(B) For vehicles in which no failure or deterioration of the EGR system
that causes an increase in flow could result in a vehicle's emissions ex-
ceeding the malfunction criteria specified in section (f)(6.2.2)(A), the
OBD II system shall detect a malfunction when the system has reached
its control limits such that it cannot reduce EGR flow to achieve the com-
manded flow rate.
(6.2.3) Slow Response. Additionally, for 2010 and subsequent model
year vehicles, the EGR system shall be monitored for slow response:
(A) The OBD II system shall detect a malfunction of the EGR system
at or prior to any failure or deterioration in the capability of the EGR sys-
tem to achieve the commanded flow rate within a manufacturer-speci-
fied time that would cause a vehicle's NMHC, CO, NOx, or PM emis-
sions to exceed the applicable emission levels specified in sections
(f)(6.2.I)(A).
(B) The OBD II system shall monitor the capability of the EGR system
to respond to both a commanded increase in flow and a commanded de-
crease in flow.
(6.2.4) Feedback control:
(A) Except as provided for in section (f)(6.2.4)(B), if the vehicle is
equipped with feedback control of the EGR system (e.g., feedback con-
trol of flow, valve position, pressure differential across the valve via in-
take throttle or exhaust backpressure), the OBD II system shall detect a
malfunction:
(i) If the system fails to begin feedback control within a manufacturer
specified time interval;
(ii) If a failure or deterioration causes open loop or default operation;
or
(iii) If feedback control has used up all of the adjustment allowed by
the manufacturer and cannot achieve the feedback target.
(B) A manufacturer may request Executive Officer approval to tempo-
rarily disable monitoring for the malfunction criteria specified in section
(f)(6.2.4)(A)(iii) during conditions that a manufacturer cannot robustly
distinguish between a malfunctioning system and a properly operating
system. The Executive Officer shall approve the disablement upon the
manufacturer submitting data and/or analysis demonstrating that the
control system, when operating as designed on a vehicle with all emis-
sion controls working properly, routinely operates during these condi-
tions with all of the adjustment allowed by the manufacturer used up.
(C) In lieu of detecting the malfunctions specified in sections
(f)(6.2.4)(A)(i) and (ii) with an EGR system-specific monitor, the OBD
II system may monitor the individual parameters or components that are
used as inputs for EGR system feedback control provided that the moni-
tors detect all malfunctions that meet the criteria in sections
(f)(6.2.4)(A)(i) and (ii).
(6.2.5) EGR Cooler Performance:
(A) The OBD II system shall detect a malfunction of the EGR system
cooler at or prior to a reduction from the manufacturer' s speci fied cooling
performance that would cause a vehicle's NMHC, CO, NOx, or PM
emissions to exceed the applicable emission levels specified in sections
(f)(6.2.1)(A):
(B) For vehicles in which no failure or deterioration of the EGR system
cooler could result in a vehicle's emissions exceeding the malfunction
criteria specified in section (f)(6.2.5)(A), the OBD II system shall detect
a malfunction when the system has no detectable amount of EGR cool-
ing.
(6.3) Monitoring Conditions:
(6.3.1 ) For malfunctions identified in sections (0(6.2.1 ) and (f)(6.2.2)
(i.e., EGR low and high flow), manufacturers shall define monitoring
conditions:
(A) For 2004 through 2009 model year vehicles, in accordance with
sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio requirements). For
purposes of tracking and reporting as required in section (d)(3.2.2), all
monitors used to detect malfunctions identified in sections (f)(6.2. 1 ) and
(0(6.2.2) shall be tracked separately but reported as a single set of values
as specified in section (d)(5.2.2);
(B) Conducted continuously for all 2010 and subsequent model year
vehicles.
(6.3.2) Manufacturers shall define the monitoring conditions for mal-
functions identified in section (0(6.2.3) (i.e., slow response) in accor-
dance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio require-
ments), with the exception that monitoring shall occur every time the
monitoring conditions are met during the driving cycle in lieu of once per
driving cycle as required in section (d)(3.1.2). For purposes of tracking
and reporting as required in section (d)(3.2.2), all monitors used to detect
malfunctions identified in section (0(6.2.3) shall be tracked separately
but reported as a single set of values as specified in section (d)(5.2.2).
(6.3.3) The OBD II system shall monitor continuously for malfunc-
tions identified in section (0(6.2.4) (i.e., EGR feedback control).
(6.3.4) Manufacturers shall define the monitoring conditions for mal-
functions identified in section (0(6.2.5) (i.e., cooler performance) in ac-
cordance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio require-
ments). For purposes of tracking and reporting as required in section
(d)(3.2.2), all monitors used to detect malfunctions identified in section
(0(6.2.5) shall be tracked separately but reported as a single set of values
as specified in section (d)(5.2.2).
(6.3.5) Manufacturers may request Executive Officer approval to tem-
porarily disable the EGR system check under specific conditions (e.g.,
when freezing may affect performance of the system). The Executive Of-
ficer shall approve the request upon determining that the manufacturer
has submitted data and/or an engineering evaluation which demonstrate
that a reliable check cannot be made when these conditions exist.
(6.4) MIL Illumination and Fault Code Storage: General requirements
for MIL illumination and fault code storage are set forth in section (d)(2).
(7) Boost Pressure Control System Monitoring
(7.1) Requirement: For 2010 and subsequent model year vehicles, the
OBD II system shall monitor the boost pressure control system (e.g., tur-
bocharger) on vehicles so-equipped for under and over boost malfunc-
tions. For vehicles equipped with variable geometry turbochargers
(VGT), the OBD II system shall monitor the VGT system for slow re-
sponse malfunctions. For vehicles equipped with charge air cooler sys-
tems, the OBD II system shall monitor the charge air cooler system for
cooling system performance malfunctions. For 2004 and subsequent
model year vehicles, the individual electronic components (e.g., actua-
tors, valves, sensors) that are used in the boost pressure control system
shall be monitored in accordance with the comprehensive component re-
quirements in section (0(15).
(7.2) Malfunction Criteria:
Page236.20(z)(3)
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§ 1968.2
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(7.2.1) Underboost:
(A) The OBD II system shall detect a malfunction of the boost pressure
control system at or prior to a decrease from the manufacturer's comman-
ded boost pressure that would cause a vehicle' s NMHC, CO, NOx, or PM
emissions to exceed:
(i) For passenger cars, light-duty trucks, and MDPVs certified to a
chassis dynamometer tailpipe emission standard:
a. 2.0 times the applicable FTP standards for 2010 through 201 2 model
year vehicles; and
b. 1.5 times the applicable FTP NMHC, CO, or NOx standards or 2.0
times the applicable FTP PM standard for 201 3 and subsequent model
year vehicles.
(ii) For medium-duty vehicles (including MDPVs) certified to an en-
gine dynamometer tailpipe emission standard:
a. 2.5 times the applicable NMHC or CO standards, the applicable
NOx standard by more than 0.3 g/bhp-hr (e.g., cause NOx emissions to
exceed 0.5 g/bhp-hr if the emission standard is 0.2 g/bhp-hr) as mea-
sured from an applicable cycle emission test, or 0.03 g/bhp-hr PM as
measured from an applicable cycle emission test for 2010 through 2012
model year vehicles; and
b. 2.0 times the applicable NMHC or CO standards, the applicable
NOx standard by more than 0.2 g/bhp-hr (e.g., cause NOx emissions to
exceed 0.4 g/bhp-hr if the emission standard is 0.2 g/bhp-hr) as mea-
sured from an applicable cycle emission test, or 0.03 g/bhp-hr PM as
measured from an applicable cycle emission test for 2013 and subsequent
model year vehicles.
(B) For vehicles in which no failure or deterioration of the boost pres-
sure control system that causes a decrease in boost could result in a ve-
hicle's emissions exceeding the malfunction criteria specified in section
(f)(7.2.1)(A), the OBD II system shall detect a malfunction when the sys-
tem has reached its control limits such that it cannot increase boost to
achieve the commanded boost pressure.
(7.2.2) Overboost:
(A) The OBD II system shall detect a malfunction of the boost pressure
control system at or prior to an increase from the manufacturer's com-
manded boost pressure that would cause a vehicle's NMHC, CO, NOx,
or PM emissions to exceed the applicable emission levels specified in
sections (f)(7.2.1)(A).
(B) For vehicles in which no failure or deterioration of the boost pres-
sure control system that causes an increase in boost could result in a ve-
hicle's emissions exceeding the malfunction criteria specified in section
(f)(7.2.2)(A), the OBD II system shall detect a malfunction when the sys-
tem has reached its control limits such that it cannot decrease boost to
achieve the commanded boost pressure.
(7.2.3) VGT slow response:
(A) The OBD II system shall detect a malfunction at or prior to any
failure or deterioration in the capability of the VGT system to achieve the
commanded turbocharger geometry within a manufacturer-specified
time that would cause a vehicle's NMHC, CO, NOx, or PM emissions to
exceed the applicable emission levels specified in sections (f)(7.2.1)(A).
(B) For vehicles in which no failure or deterioration of the VGT system
response could result in a vehicle's emissions exceeding the malfunction
criteria specified in section (f)(7.2.3)(A), the OBD II system shall detect
a malfunction of the VGT system when proper functional response of the
system to computer commands does not occur.
(7.2.4) Charge Air Undercooling:
(A) The OBD II system shall detect a malfunction of the charge air
cooling system at or prior to a decrease from the manufacturer' s specified
cooling rate that would cause a vehicle's NMHC, CO, NOx, or PM emis-
sions to exceed the applicable emission levels specified in sections
(f)(7.2.1)(A).
(B) For vehicles in which no failure or deterioration of the charge air
cooling system that causes a decrease in cooling performance could re-
sult in a vehicle's emissions exceeding the malfunction criteria specified
in section (f)(7.2.4)(A), the OBD II system shall detect a malfunction
when the system has no detectable amount of charge air cooling.
(7.2.5) Feedback control:
(A) Except as provided for in section (f)(7.2.5)(B), if the vehicle is
equipped with feedback control of the boost pressure system (e.g., con-
trol of VGT position, turbine speed, manifold pressure) the OBD II sys-
tem shall detect a malfunction:
(i) If the system fails to begin feedback control within a manufacturer
specified time interval;
(ii) If a failure or deterioration causes open loop or default operation;
or
(iii) If feedback control has used up all of the adjustment allowed by
the manufacturer and cannot achieve the feedback target.
(B) A manufacturer may request Executive Officer approval to tempo-
rarily disable monitoring for the malfunction criteria specified in section
(f)(7.2.5)(A)(iii) during conditions that a manufacturer cannot robustly
distinguish between a malfunctioning system and a properly operating
system. The Executive Officer shall approve the disablement upon the
manufacturer submitting data and/or analysis demonstrating that the
control system, when operating as designed on a vehicle with all emis-
sion controls working properly, routinely operates during these condi-
tions with all of the adjustment allowed by the manufacturer used up.
(C) In lieu of detecting the malfunctions specified in sections
(f)(7.2.5)(A)(i) and (ii) with a boost pressure system-specific monitor,
the OBD II system may monitor the individual parameters or compo-
nents that are used as inputs for boost pressure system feedback control
provided that the monitors detect all malfunctions that meet the criteria
in sections (f)(7.2.5)(A)(i) and (ii).
(7.3) Monitoring Conditions:
(7.3.1) The OBD II system shall monitor continuously for malfunc-
tions identified in sections (f)(7.2.1), (7.2.2), and (7.2.5) (i.e., over and
under boost, feedback control).
(7.3.2) Manufacturers shall define the monitoring conditions for mal-
functions identified in section (f)(7.2.3) (i.e., VGT slow response) in ac-
cordance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio require-
ments), with the exception that monitoring shall occur every time the
monitoring conditions are met during the driving cycle in lieu of once per
driving cycle as required in section (d)(3.1.2). For all 2010 and subse-
quent model year vehicles, for purposes of tracking and reporting as re-
quired in section (d)(3.2.2), all monitors used to detect malfunctions
identified in section (f)(7.2.3) shall be tracked separately but reported as
a single set of values as specified in section (d)(5.2.2).
(7.3.3) Manufacturers shall define the monitoring conditions for mal-
functions identified in section (f)(7.2.4) (i.e., charge air cooler perfor-
mance) in accordance with sections (d)(3.1) and (d)(3.2) (i.e., minimum
ratio requirements). For purposes of tracking and reporting as required
in section (d)(3.2.2), all monitors used to detect malfunctions identified
in section (f)(7.2.4) shall be tracked separately but reported as a single
set of values as specified in section (d)(5.2.2).
(7.4) MIL Illumination and Fault Code Storage: General requirements
for MIL illumination and fault code storage are set forth in section (d)(2).
(8) NOx Adsorber Monitoring
(8.1) Requirement: The OBD II system shall monitor the NOx adsorb-
er on vehicles so-equipped for proper performance. For vehicles
equipped with active/intrusive injection (e.g., in-exhaust fuel and/or air
injection) to achieve desorption of the NOx adsorber, the OBD II system
shall monitor the active/intrusive injection system for proper perfor-
mance. The individual electronic components (e.g., injectors, valves,
sensors) that are used in the active/intrusive injection system shall be
monitored in accordance with the comprehensive component require-
ments in section (f)(15).
(8.2) Malfunction Criteria:
(8.2.1) NOx adsorber capability:
(A) The OBD II system shall detect a NOx adsorber system malfunc-
tion when the NOx adsorber capability decreases to the point that would
cause a vehicle's NOx or NMHC emissions to exceed:
(i) For passenger cars, light-duty trucks, and MDPVs certified to a
chassis dynamometer tailpipe emission standard:
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§ 1968.2
a. 3.0 times the applicable FTP standards for 2004 through 2009 model
year vehicles;
b. 2.5 times the applicable FTP standards for 201 0 through 201 2 model
year vehicles; and
c. 1.75 times the applicable FTP standards for 2013 and subsequent
model year vehicles.
(ii) For medium-duty vehicles (including MDPVs) certified to an en-
gine dynamometer tailpipe emission standard:
a. the applicable NOx standard by more than 0.5 g/bhp-hr (e.g., cause
NOx emissions to exceed 0.7 g/bhp-hr if the emission standard is 0.2
g/bhp-hr) as measured from an applicable cycle emission test or 3.5
times the applicable NMHC standard for 2007 through 2009 model year
vehicles;
b. the applicable NOx standard by more than 0.3 g/bhp-hr (e.g., cause
NOx emissions to exceed 0.5 g/bhp-hr if the emission standard is 0.2
g/bhp-hr) as measured from an applicable cycle emission test or 2.5
times the applicable NMHC standard for 2010 through 2012 model year
vehicles; and
c. the applicable NOx standard by more than 0.2 g/bhp-hr (e.g., cause
NOx emissions to exceed 0.4 g/bhp-hr if the emission standard is 0.2
g/bhp-hr) as measured from an applicable cycle emission test or 2.0
times the applicable NMHC standard for 2013 and subsequent model
year vehicles.
(B) If no failure or deterioration of the NOx adsorber capability could
result in a vehicle's NOx emissions exceeding the applicable malfunc-
tion criteria specified in section (f)(8.2. 1)(A), the OBD II system shall de-
tect a malfunction when the system has no detectable amount of NOx ad-
sorber capability.
(8.2.2) For systems that utilize active/intrusive injection (e.g., in-cyl-
inder post fuel injection, in-exhaust air-assisted fuel injection) to
achieve desorption of the NOx adsorber, the OBD II system shall detect
a malfunction if any failure or deterioration of the injection system's abil-
ity to properly regulate injection causes the system to be unable to
achieve desorption of the NOx adsorber.
(8.2.3) Feedback control:
(A) Except as provided for in section (f)(8.2.3)(B), if the vehicle is
equipped with feedback control of the NOx adsorber or active/intrusive
injection system (e.g., feedback control of injection quantity, time), the
OBD II system shall detect a malfunction:
(i) If the system fails to begin feedback control within a manufacturer
specified time interval;
(ii) If a failure or deterioration causes open loop or default operation;
or
(iii) If feedback control has used up all of the adjustment allowed by
the manufacturer and cannot achieve the feedback target.
(B) A manufacturer may request Executive Officer approval to tempo-
rarily disable monitoring for the malfunction criteria specified in section
(f)(8.2.3)(A)(iii) during conditions that a manufacturer cannot robustly
distinguish between a malfunctioning system and a properly operating
system. The Executive Officer shall approve the disablement upon the
manufacturer submitting data and/or analysis demonstrating that the
control system, when operating as designed on a vehicle with all emis-
sion controls working properly, routinely operates during these condi-
tions with all of the adjustment allowed by the manufacturer used up.
(C) In lieu of detecting the malfunctions specified in sections
(f)(8.2.3)(A)(i) and (ii) with a NOx adsorber-specific monitor, the OBD
II system may monitor the individual parameters or components that are
used as inputs for NOx adsorber or active/intrusive injection system
feedback control provided that the monitors detect all malfunctions that
meet the criteria in sections (f)(8.2.3)(A)(i) and (ii).
(8.3) Monitoring Conditions:
(8.3.1) Manufacturers shall define the monitoring conditions for mal-
functions identified in section (f)(8.2.1) (i.e., adsorber capability) in ac-
cordance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio require-
ments). For purposes of tracking and reporting as required in section
(d)(3.2.2), all monitors used to detect malfunctions identified in sections
(f)(8.2. 1 ) shall be tracked separately but reported as a single set of values
as specified in section (d)(5.2.2).
(8.3.2) The OBD II system shall monitor continuously for malfunc-
tions identified in sections (f)(8.2.2) and (8.2.3) (e.g., injection function,
feedback control).
(8.4) MIL Illumination and Fault Code Storage: General requirements
for MIL illumination and fault code storage are set forth in section (d)(2).
(9) Particulate Matter (PM) Filter Monitoring
(9.1) Requirement: The OBD II system shall monitor the PM filter on
vehicles so-equipped for proper performance. For vehicles equipped
with active regeneration systems that utilize an active/intrusive injection
(e.g., in-exhaust fuel injection, in-exhaust fuel/air burner), the OBD II
system shall monitor the active/intrusive injection system for proper per-
formance. The individual electronic components (e.g., injectors, valves,
sensors) that are used in the active/intrusive injection system shall be
monitored in accordance with the comprehensive component require-
ments in section (f)(15).
(9.2) Malfunction Criteria:
(9.2.1) Filtering Performance:
(A) The OBD II system shall detect a malfunction prior to a decrease
in the filtering capability of the PM filter that would cause a vehicle's PM
emissions to exceed:
(i) For passenger cars, light-duty trucks, and MDPVs certified to a
chassis dynamometer tailpipe emission standard:
a. 5.0 times the applicable FTP standard for 2004 through 2009 model
year vehicles;
b. 4.0 times the applicable FTP standard for 2010 through 2012 model
year vehicles; and
c. 1.75 times the applicable FTP standard for 2013 and subsequent
model year vehicles.
(ii) For medium-duty vehicles (including MDPVs) certified to an en-
gine dynamometer tailpipe emission standard:
a. 0.09 g/bhp-hr PM as measured from an applicable cycle emission
test for 2004 through 2009 model year vehicles;
b. 0.05 g/bhp-hr PM as measured from an applicable cycle emission
test for 2010 through 2012 model year vehicles; and
c. 0.03 g/bhp-hr PM as measured from an applicable cycle emission
test for 2013 and subsequent model year vehicles.
(B) If no failure or deterioration of the PM filtering performance could
result in a vehicle's PM emissions exceeding the applicable malfunction
criteria specified in section (f)(9.2.1)(A), the OBD II system shall detect
a malfunction when no detectable amount of PM filtering occurs.
(9.2.2) Frequent Regeneration:
(A) For 2010 and subsequent model year vehicles, the OBD II system
shall detect a malfunction when PM filter regeneration occurs more fre-
quently than (i.e., occurs more often than) the manufacturer's specified
regeneration frequency such that it would cause a vehicle's emissions to
exceed:
(i) For passenger cars, light-duty trucks, and MDPVs certified to a
chassis dynamometer tailpipe emission standard:
a. 3.0 times the applicable FTP NMHC, CO, or NOx standards for
2010 through 2012 model year vehicles; and
b. 1 .5 times the applicable FTP NMHC, CO, or NOx standards for
2013 and subsequent model year vehicles.
(ii) For medium-duty vehicles (including MDPVs) certified to an en-
gine dynamometer tailpipe emission standard:
a. 2.5 times the applicable NMHC standards or the applicable NOx
standard by more than 0.3 g/bhp-hr (e.g., cause NOx emissions to exceed
0.5 g/bhp-hr if the emission standard is 0.2 g/bhp-hr) as measured from
an applicable cycle emission test for 2010 through 2012 model year ve-
hicles; and
b. 2.0 times the applicable NMHC standards or the applicable NOx
standard by more than 0.2 g/bhp-hr (e.g., cause NOx emissions to exceed
0.4 g/bhp-hr if the emission standard is 0.2 g/bhp-hr) as measured from
an applicable cycle emission test for 2013 and subsequent model year ve-
hicles.
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(B) If no failure or deterioration causes an increase in the PM filter re-
generation frequency that could result in a vehicle's NMHC, CO, or NOx
emissions exceeding the applicable malfunction criteria specified in sec-
tion (f)(9.2.2)(A), the OBD II system shall detect a malfunction when the
PM filter regeneration frequency exceeds the manufacturer's specified
design limits for allowable regeneration frequency.
(9.2.3) Incomplete regeneration: For 2010 and subsequent model year
vehicles, the OBD II system shall detect a regeneration malfunction
when the PM filter does not properly regenerate under manufacturer-de-
fined conditions where regeneration is designed to occur.
(9.2.4) NMHC conversion: For 2010 and subsequent model year ve-
hicles with catalyzed PM filters that convert NMHC emissions, the OBD
II system shall monitor the catalyst function of the PM filter and detect
a malfunction when the NMHC conversion capability decreases to the
point that NMHC emissions exceed the applicable emission levels speci-
fied in section (f)(9.2.2)(A). If no failure or deterioration of the NMHC
conversion capability could result in a vehicle's NMHC emissions ex-
ceeding these emission levels, the OBD II system shall detect a malfunc-
tion when the system has no detectable amount of NMHC conversion ca-
pability.
(9.2.5) Missing substrate: The OBD II system shall detect a malfunc-
tion if either the PM filter substrate is completely destroyed, removed, or
missing, or if the PM filter assembly is replaced with a muffler or straight
pipe.
(9.2.6) Active/Intrusive Injection: For systems that utilize active/in-
trusive injection (e.g., in-cylinder post fuel injection, in-exhaust air-as-
sisted fuel injection) to achieve regeneration of the PM filter, the OBD
II system shall detect a malfunction if any failure or deterioration of the
injection system's ability to properly regulate injection causes the system
to be unable to achieve regeneration of the PM filter.
(9.2.7) Feedback Control:
(A) Except as provided for in section (f)(9.2.7)(B), if the vehicle is
equipped with feedback control of the PM filter regeneration (e.g., feed-
back control of oxidation catalyst inlet temperature, PM filter inlet or out-
let temperature, in-cylinder or in-exhaust fuel injection), the OBD II
system shall detect a malfunction:
(i) If the system fails to begin feedback control within a manufacturer
specified time interval;
(ii) If a failure or deterioration causes open loop or default operation;
or
(iii) If feedback control has used up all of the adjustment allowed by
the manufacturer and cannot achieve the feedback target.
(B) A manufacturer may request Executive Officer approval to tempo-
rarily disable monitoring for the malfunction criteria specified in section
(f)(9.2.7)(A)(iii) during conditions that a manufacturer cannot robustly
distinguish between a malfunctioning system and a properly operating
system. The Executive Officer shall approve the disablement upon the
manufacturer submitting data and/or analysis demonstrating that the
control system, when operating as designed on a vehicle with all emis-
sion controls working properly, routinely operates during these condi-
tions with all of the adjustment allowed by the manufacturer used up.
(C) In lieu of detecting the malfunctions specified in sections
(f)(9.2.7)(A)(i) and (ii) with a PM filter-specific monitor, the OBD II
system may monitor the individual parameters or components that are
used as inputs for PM filter regeneration feedback control provided that
the monitors detect all malfunctions that meet the criteria in sections
(f)(9.2.7)(A)(i) and (ii).
(9.3) Monitoring Conditions: Manufacturers shall define the monitor-
ing conditions for malfunctions identified in sections (f)(9.2.1) through
(9.2.7) in accordance with sections (d)(3.1) and (d)(3.2) (i.e., minimum
ratio requirements), with the exception that monitoring shall occur every
time the monitoring conditions are met during the driving cycle in lieu
of once per driving cycle as required in section (d)(3.1.2). For all 2010
and subsequent model year vehicles, for purposes of tracking and report-
ing as required in section (d)(3.2.2), all monitors used to detect malfunc-
tions identified in section (f)(9.2.1) shall be tracked separately but re-
ported as a single set of values as specified in section (d)(5.2.2).
(9.4) MIL Illumination and Fault Code Storage: General requirements
for MIL illumination and fault code storage are set forth in section (d)(2).
(10) Crankcase Ventilation (CV) System Monitoring
(10.1) Requirement: Manufacturers shall monitor the CV system on
vehicles so-equipped for system integrity. Vehicles not subject to crank-
case emission control requirements shall be exempt from monitoring of
the CV system.
(10.2) Malfunction Criteria:
(10.2.1) For the purposes of section (f)(10), "CV system" is defined
as any form of crankcase ventilation system, regardless of whether it uti-
lizes positive pressure or whether it vents to the atmosphere, the intake,
or the exhaust. "CV valve" is defined as any form of valve, orifice, or fil-
ter/separator used to restrict, control, or alter the composition (e.g., re-
move oil vapor or particulate matter) of the crankcase vapor flow. Fur-
ther, any additional external CV system tubing or hoses used to equalize
crankcase pressure or to provide a ventilation path between various areas
of the engine (e.g., crankcase and valve cover) are considered part of the
CV system "between the crankcase and the CV valve" and subject to the
malfunction criteria in section (f)(10.2.2) below.
(10.2.2) Except as provided below, the OBD II system shall detect a
malfunction of the CV system when a disconnection of the system occurs
between either the crankcase and the CV valve, or between the CV valve
and the intake ducting.
(10.2.3) If disconnection in the system results in a rapid loss of oil or
other overt indication of a CV system malfunction such that the vehicle
operator is certain to respond and have the vehicle repaired, the Execu-
tive Officer shall exempt the manufacturer from detection of that discon-
nection.
(10.2.4) Detection of a disconnection is not required if the disconnec-
tion cannot be made without first disconnecting a monitored portion of
the system (e.g., the CV system is designed such that the CV valve is fas-
tened directly to the crankcase in a manner which makes it significantly
more difficult to remove the valve from the crankcase before disconnect-
ing the line between the valve and the intake ducting (taking aging effects
into consideration) and the line between the valve and the intake ducting
is monitored for disconnection).
(10.2.5) Subject to Executive Officer approval, system designs that
utilize tubing between the valve and the crankcase shall also be exempted
from the monitoring requirement for detection of disconnection between
the crankcase and the CV valve. The manufacturer shall file a request and
submit data and/or engineering evaluation in support of the request. The
Executive Officer shall approve the request upon determining that the
connections between the valve and the crankcase are: (i) resistant to dete-
rioration or accidental disconnection, (ii) significantly more difficult to
disconnect than the line between the valve and the intake ducting, and
(iii) not subject to disconnection per manufacturer's maintenance, ser-
vice, and/or repair procedures for non-CV system repair work.
(10.2.6) Manufacturers are not required to detect disconnections that
are unlikely to occur due to a CV system design that is integral to the in-
duction system (e.g., internal machined passages rather than tubing or
hoses).
(10.2.7) For medium-duty vehicles with engines certified on an en-
gine dynamometer having an open CV system (i.e., a system that releases
crankcase emissions to the atmosphere without routing them to the intake
ducting or to the exhaust upstream of the aftertreatment), the manufactur-
er shall submit a plan for Executive Officer approval of the monitoring
strategy, malfunction criteria, and monitoring conditions prior to OBD
certification. Executive Officer approval shall be based on the effective-
ness of the monitoring strategy to (i) monitor the performance of the CV
system to the extent feasible with respect to the malfunction criteria in
section (0(10.2.1) through (f)(10.2.4) and the monitoring conditions re-
quired by the diagnostic, and (ii) monitor the ability of the CV system to
control crankcase vapor emitted to the atmosphere relative to the
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§ 1968.2
manufacturer's design and performance specifications for a properly
functioning system (e.g., if the system is equipped with a filter to reduce
crankcase emissions to the atmosphere, the OBD II system shall monitor
the integrity of the filter).
(10.3) Monitoring Conditions: Manufacturers shall define the moni-
toring conditions for malfunctions identified in section (0(10.2) in accor-
dance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio require-
ments).
(10.4) MIL Illumination and Fault Code Storage: General require-
ments for MIL illumination and fault code storage are set forth in section
(d)(2). The stored fault code need not specifically identify the C V system
(e.g., a fault code for EGR or intake air mass flow rationality monitoring
can be stored) if the manufacturer demonstrates that additional monitor-
ing hardware would be necessary to make this identification and pro-
vided that the manufacturer' s diagnostic and repair procedures for the de-
tected malfunction include directions to check the integrity of the CV
system.
(11) Engine Cooling System Monitoring
(1 1.1) Requirement:
(11.1.1) The OBD II system shall monitor the thermostat on vehicles
so-equipped for proper operation.
( J J . 1 .2) The OBD II system shall monitor the engine coolant tempera-
ture (ECT) sensor for circuit continuity, out-of-range values, and ratio-
nality faults.
(1 1.2) Malfunction Criteria:
(11.2.1) Thermostat
(A) The OBD II system shall detect a thermostat malfunction (e.g.,
leaking or early-to-open thermostat) if, within an Executive Officer ap-
proved time interval after starting the engine, either of the following two
conditions occur:
(i) The coolant temperature does not reach the highest temperature re-
quired by the OBD II system to enable other diagnostics;
(ii) The coolant temperature does not reach a warmed-up temperature
within 20 degrees Fahrenheit of the manufacturer's nominal thermostat
regulating temperature. Subject to Executive Officer approval, a
manufacturer may utilize lower temperatures for this criterion upon the
Executive Officer determining that the manufacturer has demonstrated
that the fuel, injection timing, and/or other coolant temperature-based
modifications to the engine control strategies would not cause an emis-
sion increase of 50 or more percent of any of the applicable standards.
(B) Executive Officer approval of the time interval after engine start
shall be granted upon determining that the data and/or engineering evalu-
ation submitted by the manufacturer supports the specified times.
(C) With Executive Officer approval, a manufacturer may use alter-
nate malfunction criteria and/or monitoring conditions (see section
(f)(l 1.3)) that are a function of temperature at engine start on vehicles
that do not reach the temperatures specified in the malfunction criteria
when the thermostat is functioning properly. Executive Officer approval
shall be granted upon determining that the manufacturer has submitted
data that demonstrate that a properly operating system does not reach the
specified temperatures, that the monitor is capable of meeting the speci-
fied malfunction criteria at engine start temperatures greater than 50 de-
grees Fahrenheit, and that the overall effectiveness of the monitor is com-
parable to a monitor meeting these thermostat monitoring requirements
at lower temperatures.
(D) With Executive Officer approval, manufacturers may omit this
monitor. Executive Officer approval shall be granted upon determining
that the manufacturer has demonstrated that a malfunctioning thermostat
cannot cause a measurable increase in emissions during any reasonable
driving condition nor cause any disablement of other monitors.
(11.2.2) ECT Sensor
(A) Circuit Continuity. The OBD II system shall detect a malfunction
when a lack of circuit continuity or out-of-range value occurs.
(B) Time to Reach Closed-Loop Enable Temperature.
(i) The OBD II system shall detect a malfunction if the ECT sensor
does not achieve the stabilized minimum temperature which is needed to
begin closed-loop or feedback operation of emission-related engine
controls (e.g., feedback control of fuel pressure, EGR flow, boost pres-
sure) within an Executive Officer approved time interval after starting the
engine. The time interval shall be a function of starting ECT and/or a
function of intake or ambient temperature.
(ii) Executive Officer approval of the time interval shall be granted
upon determining that the data and/or engineering evaluation submitted
by the manufacturer supports the specified times.
(iii) The Executive Officer shall exempt manufacturers from the re-
quirement of section (f)(l 1 .2.2)(B) if the manufacturer does not utilize
ECT to enable closed loop or feedback operation of emission-related en-
gine controls.
(C) Stuck in Range Below the Highest Minimum Enable Temperature.
To the extent feasible when using all available information, the OBD II
system shall detect a malfunction if the ECT sensor inappropriately indi-
cates a temperature below the highest minimum enable temperature re-
quired by the OBD II system to enable other diagnostics (e.g., an OBD
II system that requires ECT to be greater than 140 degrees Fahrenheit to
enable a diagnostic must detect malfunctions that cause the ECT sensor
to inappropriately indicate a temperature below 140 degrees Fahrenheit).
Manufacturers are exempted from this requirement for temperature re-
gions in which the monitors required under sections (f)(1 1.2.1) or
(00 1 .2.2)(B) will detect ECT sensor malfunctions as defined in section
(f)(I1.2.2)(C).
(D) Stuck in Range Above the Lowest Maximum Enable Tempera-
ture.
(i) To the extent feasible when using all available information, the
OBD II system shall detect a malfunction if the ECT sensor inappropri-
ately indicates a temperature above the lowest maximum enable temper-
ature required by the OBD II system to enable other diagnostics (e.g., an
OBD II system that requires ECT to be less than 90 degrees Fahrenheit
at engine start to enable a diagnostic must detect malfunctions that cause
the ECT sensor to inappropriately indicate a temperature above 90 de-
grees Fahrenheit).
(ii) Manufacturers are exempted from this requirement for tempera-
ture regions in which the monitors required under sections (0(11-2.1),
(0( 1 1 -2.2)(B), or (f)( 1 1 .2.2)(C) (i.e., ECT sensor or thermostat malfunc-
tions) will detect ECT sensor malfunctions as defined in section
(00 1 .2.2)(D) or in which the MIL will be illuminated under the require-
ments of section (d)(2.2.3) for default mode operation (e.g., overtemper-
ature protection strategies).
(iii) For 2006 and subsequent model year applications, manufacturers
are also exempted from the requirements of section (f)(H.2.2)(D) for
temperature regions where the temperature gauge indicates a tempera-
ture in the red zone (engine overheating zone) or an overtemperature
warning light is illuminated for vehicles that have a temperature gauge
or warning light on the instrument panel and utilize the same ECT sensor
for input to the OBD II system and the temperature gauge/warning light.
(1 1.3) Monitoring Conditions:
(11.3.1) Thermostat
(A) Manufacturers shall define the monitoring conditions for malfunc-
tions identified in section (f)(11.2.1)(A) in accordance with section
(d)(3.1) except as provided for in section (f)(H.3.1)(D). Additionally,
except as provided for in sections (f)(l 1 .3.1)(B) and (C), monitoring for
malfunctions identified in section (0(1 1-2.1 )( A) shall be conducted once
per driving cycle on every driving cycle in which the ECT sensor indi-
cates, at engine start, a temperature lower than the temperature estab-
lished as the malfunction criteria in section (0(1 1.2.1 )(A).
(B) Manufacturers may disable thermostat monitoring at ambient tem-
peratures below 20 degrees Fahrenheit.
(C) Manufacturers may request Executive Officer approval to suspend
or disable thermostat monitoring if the vehicle is subjected to conditions
which could lead to false diagnosis (e.g., vehicle operation at idle for
more than 50 percent of the warm-up time, hot restart conditions, etc.).
In general, the Executive Officer shall not approve disablement of the
monitor on engine starts where the ECT at engine start is more than 35
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Title 13
degrees Fahrenheit lower than the thermostat malfunction threshold tem-
perature determined under section (f)(l 1 .2. 1)(A). The Executive Officer
shall approve the request upon determining that the manufacturer has
provided data and/or engineering analysis that demonstrate the need for
the request.
(D) With respect to defining enable conditions that are encountered
during the FTP or Unified cycle as required in (d)(3. 1 . 1 ) for malfunctions
identified in section (f)(11.2.J)(A), the FTP cycle shall refer to on-road
driving following the FTP cycle in lieu of testing on a chassis or engine
dynamometer.
(1 1.3.2) ECT Sensor
(A) Except as provided below in section (f)(l 1 .3.2)(E), monitoring for
malfunctions identified in section (f)(l 1.2.2)(A) (i.e., circuit continuity
and out-of-range) shall be conducted continuously.
(B) Manufacturers shall define the monitoring conditions for malfunc-
tions identified in section (f)(l 1.2.2)(B) in accordance with section
(d)(3.1). Additionally, except as provided for in section (f)(l 1.3.2)(D),
monitoring for malfunctions identified in section (f)(l 1.2.2)(B) shall be
conducted once per driving cycle on every driving cycle in which the
ECT sensor indicates a temperature lower than the closed-loop enable
temperature at engine start (i.e., all engine start temperatures greater than
the ECT sensor out-of-range low temperature and less than the closed-
loop enable temperature).
(C) Manufacturers shall define the monitoring conditions for malfunc-
tions identified in sections (f)(l 1.2.2)(C) and (D) in accordance with sec-
tions (d)(3.1) and (d)(3.2) (i.e., minimum ratio requirements).
(D) Manufacturers may suspend or delay the time to reach closed-loop
enable temperature diagnostic if the vehicle is subjected to conditions
which could lead to false diagnosis (e.g., vehicle operation at idle for
more than 50 to 75 percent of the warm-up time).
(E) A manufacturer may request Executive Officer approval to disable
continuous ECT sensor monitoring when an ECT sensor malfunction
cannot be distinguished from other effects. The Executive Officer shall
approve the disablement upon determining that the manufacturer has
submitted test data and/or engineering evaluation that demonstrate a
properly functioning sensor cannot be distinguished from a malfunction-
ing sensor and that the disablement interval is limited only to that neces-
sary for avoiding false detection.
(11.4) MIL Illumination and Fault Code Storage: General require-
ments for MIL illumination and fault code storage are set forth in section
(d)(2).
(12) Cold Start Emission Reduction Strategy Monitoring
(12.1) Requirement:
(12.1.1) For all 2010 and subsequent model year vehicles, if a vehicle
incorporates a specific engine control strategy to reduce cold start emis-
sions, the OBD II system shall monitor the commanded elements for
proper function (e.g., injection timing, increased engine idle speed, in-
creased engine load via intake or exhaust throttle activation) while the
control strategy is active to ensure proper operation of the control strate-
gy-
(12.2) Malfunction Criteria: The OBD II system shall, to the extent
feasible, detect a malfunction if either of the following occurs:
(12.2.1) Any single commanded element does not properly respond to
the commanded action while the cold start strategy is active. For pur-
poses of this section, "properly respond" is defined as when the element
responds:
(A) by a robustly detectable amount by the monitor; and
(B) in the direction of the desired command; and
(C) above and beyond what the element would achieve on start-up
without the cold start strategy active (e.g., if the cold start strategy com-
mands a higher idle engine speed, a fault must be detected if no detectable
amount of engine speed increase above what the system would achieve
without the cold start strategy active);
(12.2.2) Any failure or deterioration of the cold start emission reduc-
tion control strategy that would cause a vehicle's NMHC, CO, NOx, or
PM emissions to exceed:
(A) For passenger cars, light-duty trucks, and MDPVs certified to a
chassis dynamometer tailpipe emission standard:
(i) 2.5 times the applicable FTP standards for 2010 through 2012 mod-
el year vehicles; and
(ii) 1.5 times the applicable FTP NMHC, CO, or NOx standards or 2.0
times the applicable FTP PM standard for 2013 and subsequent model
year vehicles.
(B) For medium-duty vehicles (including MDPVs) certified to an en-
gine dynamometer tailpipe emission standard:
(i) 2.0 times the applicable NMHC or CO standards, the applicable
NOx standard by more than 0.2 g/bhp-hr (e.g., cause NOx emissions to
exceed 0.4 g/bhp-hr if the emission standard is 0.2 g/bhp-hr) as mea-
sured from an applicable cycle emission test, or 0.03 g/bhp-hr PM as
measured from an applicable cycle emission test for 201 3 and subsequent
model year vehicles.
(1 2.2.3) For section (f)( J 2.2.2), the OBD II system shall either monitor
the combined effect of the elements of the system as a whole or the indi-
vidual elements (e.g., increased engine speed, increased engine load
from restricting an exhaust throttle) for failures that cause emissions to
exceed the applicable emission levels specified in section (f)(l 2.2.2).
(12.3) Monitoring Conditions: Manufacturers shall define the moni-
toring conditions for malfunctions identified in section (f)( 1 2.2) in accor-
dance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio require-
ments).
(12.4) MIL Illumination and Fault Code Storage: General require-
ments for MIL illumination and fault code storage are set forth in section
(d)(2).
(13) Variable Valve Timing And/Or Control (WT) System Monitoring
(13.1) Requirement: On all 2006 and subsequent model year applica-
tions, the OBD II system shall monitor the VVT system on vehicles so-
equipped for target error and slow response malfunctions. The individual
electronic components (e.g., actuators, valves, sensors, etc.) that are used
in the VVT system shall be monitored in accordance with the comprehen-
sive components requirements in section (f)(15).
(13.2) Malfunction Criteria:
(13.2.1) Target Error: The OBD II system shall detect a malfunction
prior to any failure or deterioration in the capability of the VVT system
to achieve the commanded valve timing and/or control within a crank
angle or lift tolerance that would cause a vehicle's NMHC, CO, NOx, or
PM emissions to exceed:
(A) For passenger cars, light-duty trucks, and MDPVs certified to a
chassis dynamometer tailpipe emission standard:
(i) 3.0 times the applicable FTP standards for 2006 through 2009 mod-
el year vehicles;
(ii) 2.5 times the applicable FTP standards for 2010 through 2012
model year vehicles; and
(iii) 1.5 times the applicable FTP NMHC, CO, or NOx standards or 2.0
times the applicable FTP PM standard for 2013 and subsequent model
year vehicles.
(B) For medium-duty vehicles (including MDPVs) certified to an en-
gine dynamometer tailpipe emission standard:
(i) 1.5 times the applicable NMHC, CO, and NOx standards or 0.03
g/bhp-hr PM as measured from an applicable cycle emission test for
2006 and subsequent model year vehicles certified to an engine dy-
namometer tailpipe NOx emission standard of greater than 0.50 g/bhp-hr
NOx;
(ii) 2.5 times the applicable NMHC or CO standards, the applicable
NOx standard by more than 0.3 g/bhp-hr (e.g., cause NOx emissions to
exceed 0.5 g/bhp-hr if the emission standard is 0.2 g/bhp-hr) as mea-
sured from an applicable cycle emission test, or 0.03 g/bhp-hr PM as
measured from an applicable cycle emission test for 2006 through 2012
model year vehicles certified to an engine dynamometer tailpipe NOx
emission standard of less than or equal to 0.50 g/bhp-hr NOx; and
(iii) 2.0 times the applicable NMHC or CO standards, the applicable
NOx standard by more than 0.2 g/bhp-hr (e.g., cause NOx emissions to
exceed 0.4 g/bhp-hr if the emission standard is 0.2 g/bhp-hr) as mea-
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Title 13
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§ 1968.2
sured from an applicable cycle emission test, or 0.03 g/bhp-hr PM as
measured from an applicable cycle emission test for 20 1 3 and subsequent
model year vehicles certified to an engine dynamometer tailpipe NOx
emission standard of less than or equal to 0.50 g/bhp-hr NOx.
(13.2.2) Slow Response: The OBD II system shall detect a malfunc-
tion prior to any failure or deterioration in the capability of the VVT sys-
tem to achieve the commanded valve timing and/or control within a time
that would cause a vehicle's emissions to exceed the applicable emission
levels specified in sections (f)(13.2.1).
(13.2.3) For vehicles in which no failure or deterioration of the VVT
system could result in a vehicle's emissions exceeding the levels speci-
fied in sections (003.2. 1), the VVT system shall be monitored for proper
functional response in accordance with the malfunction criteria in section
(005.2).
(13.3) Monitoring Conditions: Manufacturers shall define the moni-
toring conditions for VVT system malfunctions identified in section
(f)( 13.2) in accordance with sections (d)(3.1) and (d)(3.2) (i.e., minimum
ratio requirements), with the exception that monitoring shall occur every
time the monitoring conditions are met during the driving cycle in lieu
of once per driving cycle as required in section (d)(3.1.2). Additionally,
manufacturers shall track and report VVT system monitor performance
under section (d)(3.2.2). For purposes of tracking and reporting as re-
quired in section (d)(3.2.2), all monitors used to detect malfunctions
identified in section (f)(13.2) shall be tracked separately but reported as
a single set of values as specified in section (d)(5.2.2).
(13.4) MIL Illumination and Fault Code Storage: General require-
ments for MIL illumination and fault code storage are set forth in section
(d)(2).
(14) [Reserved]
(15) Comprehensive Component Monitoring
(15.1) Requirement:
(15.1.1) Except as provided in sections (0(15.1.3), (f)(15.1.4), and
(0(16), the OBD II system shall monitor for malfunction any electronic
powertrain component/system not otherwise described in sections (0(1)
through (0(14) that either provides input to (directly or indirectly) or re-
ceives commands from the on-board computer(s), and: (1) can affect
emissions during any reasonable in-use driving condition, or (2) is used
as part of the diagnostic strategy for any other monitored system or com-
ponent.
(A) Input Components: Input components required to be monitored
may include the vehicle speed sensor, crank angle sensor, pedal position
sensor, mass air flow sensor, cam position sensor, fuel pressure sensor,
intake air temperature sensor, exhaust temperature sensor, and transmis-
sion electronic components such as sensors, modules, and solenoids
which provide signals to the powertrain control system.
(B) Output Components/Systems: Output components/systems re-
quired to be monitored may include the idle governor, fuel injectors, au-
tomatic transmission solenoids or controls, turbocharger electronic com-
ponents, the wait-to-start lamp, and cold start aids (e.g., glow plugs,
intake air heaters).
(15.1.2) For purposes of criteria (1) in section (0(15.1.1) above, the
manufacturer shall determine whether a powertrain input or output com-
ponent/system can affect emissions. If the Executive Officer reasonably
believes that a manufacturer has incorrectly determined that a compo-
nent/system cannot affect emissions, the Executive Officer shall require
the manufacturer to provide emission data showing that the component/
system, when malfunctioning and installed in a suitable test vehicle, does
not have an emission effect. The Executive Officer may request emission
data for any reasonable driving condition.
(15.1 .3) Manufacturers shall monitor for malfunction electronic pow-
ertrain input or output components/systems associated with an electronic
transfer case, electronic power steering system, two speed axle, or other
components that are driven by the engine and not related to the control
of fueling, air handling, or emissions only if the component or system is
used as part of the diagnostic strategy for any other monitored system or
component.
(15.1.4) Except as specified for hybrids in section (0(15.1.5),
manufacturers shall monitor for malfunction electronic powertrain input
or output components/systems associated with components that only af-
fect emissions by causing additional electrical load to the engine and are
not related to the control of fueling, air handling, or emissions only if the
component or system is used as part of the diagnostic strategy for any oth-
er monitored system or component.
(15.1.5) For hybrids, manufacturers shall submit a plan to the Execu-
tive Officer for approval of the hybrid components determined by the
manufacturer to be subject to monitoring in section (00 5.1.1). In gener-
al, the Executive Officer shall approve the plan if it includes monitoring
of all components/systems used as part of the diagnostic strategy for any
other monitored system or component, monitoring of all energy input de-
vices to the electrical propulsion system, monitoring of battery and
charging system performance, monitoring of electric motor perfor-
mance, and monitoring of regenerative braking performance.
(15.2) Malfunction Criteria:
(15.2.1) Input Components:
(A) The OBD II system shall detect malfunctions of input components
caused by a lack of circuit continuity, out-of-range values, and, where
feasible, rationality faults. To the extent feasible, the rationality fault
diagnostics shall verify that a sensor output is neither inappropriately
high nor inappropriately low (e.g., "two-sided" diagnostics).
(B) To the extent feasible, rationality faults shall be separately de-
tected and store different fault codes than the respective Jack of circuit
continuity and out of range diagnostics. Additionally, input component
lack of circuit continuity and out of range faults shall be separately de-
tected and store different fault codes for each distinct malfunction (e.g.,
out-of-range low, out-of-range high, open circuit, etc.). Manufacturers
are not required to store separate fault codes for lack of circuit continuity
faults that cannot be distinguished from other out-of-range circuit faults.
(15.2.2) Output Components/Systems:
(A) The OBD II system shall detect a malfunction of an output compo-
nent/system when proper functional response of the component and sys-
tem to computer commands does not occur. If a functional check is not
feasible, the OBD II system shall detect malfunctions of output compo-
nents/systems caused by a lack of circuit continuity or circuit fault (e.g.,
short to ground or high voltage). For output component lack of circuit
continuity faults and circuit faults, manufacturers are not required to
store different fault codes for each distinct malfunction (e.g., open cir-
cuit, shorted low, etc.). Manufacturers are not required to activate an out-
put component/system when it would not normally be active for the pur-
poses of performing functional monitoring of output
components/systems as required in section (0(15).
(B) The idle fuel control system shall be monitored for proper func-
tional response to computer commands. A malfunction shall be detected
when either of the following conditions occur:
(i) The idle fuel control system cannot achieve the target idle speed or
fuel injection quantity within +/- 30 percent of the manufacturer-speci-
fied fuel quantity and engine speed tolerances.
(ii) The idle fuel control system cannot achieve the target idle speed
or fuel injection quantity within the smallest engine speed or fueling
quantity tolerance range required by the OBD II system to enable any
other monitor.
(C) Glow plugs/intake air heaters shall be monitored for proper func-
tional response to computer commands. The glow plug/intake air heater
circuit(s) shall be monitored for proper current and voltage drop. The
Executive Officer shall approve other monitoring strategies based on
manufacturer's data and/or engineering analysis demonstrating equally
reliable and timely detection of malfunctions. If a manufacturer demon-
strates that a single glow plug failure cannot cause a measurable increase
in emissions during any reasonable driving condition, the manufacturer
shall detect a malfunction for the minimum number of glow plugs needed
to cause an emission increase. Further, to the extent feasible on existing
engine designs (without adding additional hardware for this purpose) and
on all new design engines, the stored fault code shall identify the specific
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§ 1968.2
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
malfunctioning glow plug(s). For 2010 and subsequent model year ve-
hicles, manufacturers shall detect a malfunction when a single glow plug/
intake air heater no longer operates within the manufacturer's specified
limits for normal operation (e.g., within specifications established by the
manufacturer with the part supplier for acceptable part performance at
high mileage).
(D) The wait-to-start lamp circuit shall be monitored for malfunctions
that cause the lamp to fail to illuminate when commanded on (e.g.,
burned out bulb).
(E) For 2013 and subsequent model year vehicles that utilize fuel con-
trol system components (e.g., injectors, fuel pump) that have tolerance
compensation features implemented in hardware or software during pro-
duction or repair procedures (e.g., individually coded injectors for flow
characteristics that are programmed into an electronic control unit to
compensate for injector to injector tolerances, fuel pumps that use in-line
resistors to correct for differences in fuel pump volume output), the com-
ponents shall be monitored to ensure the proper compensation is being
used. The system shall detect a fault if the compensation being used by
the control system does not match the compensation designated for the
installed component (e.g., the flow characteristic coding designated on
a specific injector does not match the compensation being used by the
fuel control system for that injector). If a manufacturer demonstrates that
a single component (e.g., injector) using the wrong compensation cannot
cause a measurable increase in emissions during any reasonable driving
condition, the manufacturer shall detect a malfunction for the minimum
number of components using the wrong compensation needed to cause
an emission increase. Further, the stored fault code shall identify the spe-
cific component that does not match the compensation.
(15.3) Monitoring Conditions:
(15.3.1) Input Components:
(A) Except as provided in section (f)(15.3.1)(C), input components
shall be monitored continuously for proper range of values and circuit
continuity.
(B) For rationality monitoring (where applicable), manufacturers shall
define the monitoring conditions for detecting malfunctions in accor-
dance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio require-
ments), with the exception that rationality monitoring shall occur every
time the monitoring conditions are met during the driving cycle in lieu
of once per driving cycle as required in section (d)(3.1.2).:
(C) A manufacturer may request Executive Officer approval to disable
continuous input component proper range of values or circuit continuity
monitoring when a malfunction cannot be distinguished from other ef-
fects. The Executive Officer shall approve the disablement upon deter-
mining that the manufacturer has submitted test data and/or documenta-
tion that demonstrate a properly functioning input component cannot be
distinguished from a malfunctioning input component and that the dis-
ablement interval is limited only to that necessary for avoiding false
detection.
(15.3.2) Output Components/Systems:
(A) Except as provided in section (f)(15.3.2)(D), monitoring for cir-
cuit continuity and circuit faults shall be conducted continuously.
(B) Except as provided in section (f)(15.3.2)(C), for functional moni-
toring, manufacturers shall define the monitoring conditions for detect-
ing malfunctions in accordance with sections (d)(3.1) and (d)(3.2) (i.e.,
minimum ratio requirements).
(C) For the idle fuel control system, manufacturers shall define the
monitoring conditions for functional monitoring in accordance with sec-
tions (d)(3.1) and (d)(3.2) (i.e., minimum ratio requirements), with the
exception that functional monitoring shall occur every time the monitor-
ing conditions are met during the driving cycle in lieu of once per driving
cycle as required in section (d)(3.1.2).
(D) A manufacturer may request Executive Officer approval to disable
continuous output component circuit continuity or circuit fault monitor-
ing when a malfunction cannot be distinguished from other effects. The
Executive Officer shall approve the disablement upon determining that
the manufacturer has submitted test data and/or documentation that dem-
onstrate a properly functioning output component cannot be distin-
guished from a malfunctioning output component and that the disable-
ment interval is limited only to that necessary for avoiding false
detection.
(15.4) MIL Illumination and Fault Code Storage:
(15.4.1) Except as provided in section (f)(15.4.2) below, general re-
quirements for MIL illumination and fault code storage are set forth in
section (d)(2).
(15.4.2) Exceptions to general requirements for MIL illumination.
MIL illumination is not required in conjunction with storing a confirmed
fault code for any comprehensive component if:
(A) the component or system, when malfunctioning, could not cause
vehicle emissions to increase by:
(i) 25 percent or more for PC/LDT SULEV II vehicles, or
(ii) 15 percent or more for all other vehicles, and
(B) the component or system is not used as part of the diagnostic strate-
gy for any other monitored system or component.
(15.4.3) For purposes of determining the emission increase in section
(f)(15.4.2)(A), the manufacturer shall request Executive Officer approv-
al of the test cycle/vehicle operating conditions for which the emission
increase will be determined. Executive Officer approval shall be granted
upon determining that the manufacturer has submitted data and/or engi-
neering evaluation that demonstrate that the testing conditions represent
in-use driving conditions where emissions are likely to be most affected
by the malfunctioning component. For purposes of determining whether
the specified percentages in section (f)(15.4.2)(A) are exceeded, if the
approved testing conditions are comprised of an emission test cycle with
an emission standard, the measured increase shall be compared to a per-
centage of the emission standard (e.g., if the increase is equal to or more
than 15 percent of the emission standard for that test cycle). If the ap-
proved testing conditions are comprised of a test cycle or vehicle operat-
ing condition that does not have an emission standard, the measured in-
crease shall be calculated as a percentage of the baseline test (e.g., if the
increase from a back-to-back test sequence between normal and mal-
functioning condition is equal to or more than 15 percent of the baseline
test results from the normal condition).
(16) Other Emission Control or Source System Monitoring
(16. 1 ) Requirement: For other emission control or source systems that
are not identified or addressed in sections (f)(1) through (f)(15) (e.g., ho-
mogeneous charge compression ignition (HCCI) controls, hydrocarbon
traps, fuel-fired passenger compartment heaters), manufacturers shall
submit a plan for Executive Officer approval of the monitoring strategy,
malfunction criteria, and monitoring conditions prior to introduction on
a production vehicle intended for sale in California. Executive Officer
approval shall be based on the effectiveness of the monitoring strategy,
the malfunction criteria utilized, and the monitoring conditions required
by the diagnostic.
(16.2) For purposes of section (f)(16), emission source systems are
components or devices that emit pollutants subject to vehicle evaporative
and exhaust emission standards (e.g., NMOG, CO, NOx, PM) and in-
clude non-electronic components and non-powertrain components
(e.g., fuel-fired passenger compartment heaters, on-board reformers).
(16.3) Except as provided below in this paragraph, for 2005 and subse-
quent model year vehicles that utilize emission control systems that alter
intake air flow or cylinder charge characteristics by actuating valve(s),
flap(s), etc. in the intake air delivery system (e.g., swirl control valve sys-
tems), the manufacturers, in addition to meeting the requirements of sec-
tion (f)(16.1) above, may elect to have the OBD II system monitor the
shaft to which all valves in one intake bank are physically attached in lieu
of monitoring the intake air flow, cylinder charge, or individual
valve(s)/flap(s) for proper functional response. For non-metal shafts or
segmented shafts, the monitor shall verify all shaft segments for proper
functional response (e.g., by verifying the segment or portion of the shaft
furthest from the actuator properly functions). For systems that have
more than one shaft to operate valves in multiple intake banks, manufac-
turers are not required to add more than one set of detection hardware
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§ 1968.2
•
(e.g., sensor, switch, etc.) per intake bank to meet this requirement. Ve-
hicles utilizing these emission control systems designed and certified for
2004 or earlier model year vehicles and carried over to the 2005 through
2009 model year shall not be required to meet the provisions of section
(f)( J 6.3) until the engine or intake air delivery system is redesigned.
(17) Exceptions to Monitoring Requirements
(17.1) Except as provided in sections (f)(17.1.1) through (17.1.4) be-
low, upon request of a manufacturer or upon the best engineering judg-
ment of the ARB, the Executive Officer may revise the emission thresh-
old for a malfunction on any diagnostic required in section (f) for
medium-duty vehicles if the most reliable monitoring method developed
requires a higher threshold to prevent significant errors of commission
in detecting a malfunction. Additionally, for 2007 through 2009 model
year light-duty vehicles and 2007 through 2012 model year medium-
duty vehicles, the Executive Officer may revise the PM filter malfunction
criteria of section (f)(9.2. 1 ) to exclude detection of specific failure modes
(e.g., combined failure of partially melted and partially cracked sub-
strates) if the most reliable monitoring method developed requires the ex-
clusion of specific failure modes to prevent significant errors of commis-
sion in detecting a malfunction.
(17.1.1) For PC/LDT SULEV II vehicles, the Executive Officer shall
approve a malfunction criterion of 2.5 times the applicable FTP standards
in lieu of 1.5 or 1.75 wherever required in section (f).
(17.1.2) For vehicles certified to Federal Bin 3 or Bin 4 emission stan-
dards, manufacturers shall utilize the ULEV II vehicle NMOG and CO
malfunction criteria (e.g., 1.5 times the Bin 3 or Bin 4 NMOG and CO
standards) and the PC/LDT SULEV II vehicle NOx malfunction criteria
(e.g., 2.5 times the Bin 3 or Bin 4 NOx standards).
(17.1.3) For medium-duty diesel vehicles (including MDPVs) certi-
fied to an engine dynamometer tailpipe emission standard, the Executive
Officer shall approve a malfunction criteria of "the applicable PM stan-
dard plus 0.02 g/bhp-hr PM (e.g., unable to maintain PM emissions at or
below 0.03 g/bhp-hr if the emission standard is 0.01 g/bhp-hr) as mea-
sured from an applicable cycle emission test" in lieu of "0.03 g/bhp-hr
PM as measured from an applicable cycle emission test" wherever re-
quired in section (f). The Executive Officer shall also approve a malfunc-
tion criteria of "the applicable PM standard plus 0.04 g/bhp-hr PM (e.g.,
unable to maintain PM emissions at or below 0.05 g/bhp-hr if the emis-
sion standard is 0.01 g/bhp-hr) as measured from an applicable cycle
emission test" in lieu of "0.05 g/bhp-hr PM as measured from an applica-
ble cycle emission test" wherever required in section (f).
(17.1 .4) For 2007 through 2009 medium-duty diesel vehicles (includ-
ing MDPVs) certified to an engine dynamometer FTP tailpipe PM emis-
sion standard of greater than or equal 0.08 g/bhp-hr, the Executive Offi-
cer shall approve a malfunction of criteria of 1.5 times the applicable PM
standard in lieu of the applicable PM malfunction criteria required for
any monitor in section (f).
(17.1.5) For medium-duty diesel vehicles (except MDPVs) certified
to a chassis dynamometer tailpipe emission standard, the monitoring re-
quirements and malfunction criteria in section (f) applicable to medium-
duty diesel vehicles certified to an engine dynamometer tailpipe emis-
sion standard shall apply. However, the manufacturer shall request
Executive Officer approval of manufacturer-proposed medium-duty
chassis dynamometer-based malfunction criteria in lieu of the engine dy-
namometer-based malfunction criteria required for each monitor in sec-
tion (f). The Executive Officer shall approve the request upon finding
that:
(A) the manufacturer has used good engineering judgment in deter-
mining the malfunction criteria,
(B) the malfunction criteria will provide for similar timeliness in
detection of malfunctioning components with respect to detection of
malfunctions on medium-duty diesel vehicles certified to an engine dy-
namometer tailpipe emission standard,
(C) the malfunction criteria are set as stringently as technologically
feasible with respect to indicating a malfunction at the lowest possible
tailpipe emission levels (but not lower than 1.5 times the chassis dy-
namometer tailpipe emission standard the vehicle is certified to), consid-
ering the best available monitoring technology to the extent that it is
known or should have been known to the manufacturer,
(D) the malfunction criteria will prevent detection of a malfunction
when the monitored component is within the performance specifications
for components aged to the end of the full useful life, and
(E) the manufacturer has provided emission data showing the emis-
sion levels at which the malfunctions are detected.
(17.2) Whenever the requirements in section (f) of this regulation re-
quire a manufacturer to meet a specific phase-in schedule:
(17.2.1) The phase-in percentages shall be based on the manufactur-
er's projected sales volume for all vehicles subject to the requirements
of title 13, CCR section 1968.2 unless specifically stated otherwise in
section (f).
(17.2.2) Manufacturers may use an alternate phase-in schedule in lieu
of the required phase-in schedule if the alternate phase-in schedule pro-
vides for equivalent compliance volume as defined in section (c) except
as specifically noted for the phase in of in-use monitor performance ratio
monitoring conditions in section (d)(3.2).
(17.2.3) Small volume manufacturers may use an alternate phase-in
schedule in accordance with section (f)(17.2.2) in lieu of the required
phase-in schedule or may meet the requirement on all vehicles by the fi-
nal year of the phase-in in lieu of meeting the specific phase-in require-
ments for each model year.
(17.3) Manufacturers may request Executive Officer approval to dis-
able an OBD II system monitor at ambient temperatures below twenty
degrees Fahrenheit (20?F) (low ambient temperature conditions may be
determined based on intake air or engine coolant temperature) or at eleva-
tions above 8000 feet above sea level. The Executive Officer shall ap-
prove the request upon determining that the manufacturer has provided
data and/or an engineering evaluation that demonstrate that monitoring
during the conditions would be unreliable. A manufacturer may further
request, and the Executive Officer shall approve, that an OBD II system
monitor be disabled at other ambient temperatures upon determining that
the manufacturer has demonstrated with data and/or an engineering eval-
uation that misdiagnosis would occur at the ambient temperatures be-
cause of its effect on the component itself (e.g., component freezing).
(17.4) Manufacturers may request Executive Officer approval to dis-
able monitoring systems that can be affected by low fuel level or running
out of fuel (e.g., misfire detection) when the fuel level is 1 5 percent or less
of the nominal capacity of the fuel tank. The Executive Officer shall ap-
prove the request upon determining that the manufacturer has submitted
data and/or an engineering evaluation that demonstrate that monitoring
at the fuel levels would be unreliable.
(17.5) Manufacturers may disable monitoring systems that can be af-
fected by vehicle battery or system voltage levels.
(17.5.1) For monitoring systems affected by low vehicle battery or
system voltages, manufacturers may disable monitoring systems when
the battery or system voltage is below 1 1 .0 Volts. Manufacturers may re-
quest Executive Officer approval to utilize a voltage threshold higher
than 11.0 Volts to disable system monitoring. The Executive Officer
shall approve the request upon determining that the manufacturer has
submitted data and/or an engineering evaluation that demonstrate that
monitoring at the voltages would be unreliable and that either operation
of a vehicle below the disablement criteria for extended periods of time
is unlikely or the OBD II system monitors the battery or system voltage
and will detect a malfunction at the voltage used to disable other moni-
tors.
(17.5.2) For monitoring systems affected by high vehicle battery or
system voltages, manufacturers may request Executive Officer approval
to disable monitoring systems when the battery or system voltage ex-
ceeds a manufacturer-defined voltage. The Executive Officer shall ap-
prove the request upon determining that the manufacturer has submitted
data and/or an engineering evaluation that demonstrate that monitoring
above the manufacturer-defined voltage would be unreliable and that ei-
ther the electrical charging system/alternator warning light is illuminated
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Title 13
(or voltage gauge is in the "red zone") or that the OBD II system monitors
the battery or system voltage and will detect a malfunction at the voltage
used to disable other monitors.
(1 7.6) A manufacturer may disable affected monitoring systems in ve-
hicles designed to accommodate the installation of Power Take-Off
(PTO) units (as defined in section (c)), provided disablement occurs only
while the PTO unit is active, and the OBD II readiness status is cleared
by the on-board computer (i.e., all monitors set to indicate "not com-
plete") while the PTO unit is activated (see section (g)(4.1) below). If the
disablement occurs, the readiness status may be restored to its state prior
to PTO activation when the disablement ends.
(17.7) Whenever the requirements in section (f) of this regulation re-
quire monitoring "to the extent feasible", the manufacturer shall submit
its proposed monitor(s) for Executive Officer approval. The Executive
Officer shall approve the proposal upon determining that the proposed
monitor(s) meets the criteria of "to the extent feasible" by considering the
best available monitoring technology to the extent that it is known or
should have been known to the manufacturer and given the limitations
of the manufacturer's existing hardware, the extent and degree to which
the monitoring requirements are met in full, the limitations of the moni-
toring necessary to prevent significant errors of commission and omis-
sion, and the extent to which the manufacturer has considered and pur-
sued alternative monitoring concepts to meet the requirements in full.
The manufacturer's consideration and pursuit of alternative monitoring
concepts shall include evaluation of other modifications to the proposed
monitor(s), the monitored components themselves, and other monitors
that use the monitored components (e.g., altering other monitors to lessen
the sensitivity and reliance on the component or characteristic of the
component subject to the proposed monitor(s)).
(g) Standardization Requirements
(1) Reference Documents:
The following Society of Automotive Engineers (SAE) and Interna-
tional Organization for Standardization (ISO) documents are incorpo-
rated by reference into this regulation:
(1.1) SAE J 1930 "Electrical/Electronic Systems Diagnostic Terms,
Definitions, Abbreviations, and Acronyms - Equivalent to ISO/TR
15031-2:April 30, 2002", April 2002 (SAE J1930).
(1.2) SAE J 1962 "Diagnostic Connector - Equivalent to ISO/DIS
15031-3:December 14, 2001", April 2002 (SAE J1962).
(1.3) SAE J 1978 "OBD II Scan Tool - Equivalent to ISO/DIS
15031-4:December 14, 2001", April 2002 (SAE J1978).
(1.4) SAE J 1979 "E/E Diagnostic Test Modes, May 2007 (SAE
J1979).
(1.5) SAE J 1850 "Class B Data Communications Network Interface",
May 2001 (SAE 1850).
(1.6) SAE J201 2 "Diagnostic Trouble Code Definitions - Equivalent
to ISO/DIS 15031-6:April 30, 2002", April 2002 (SAE J2012).
(1.7) ISO 9141-2:1994 "Road Vehicles-Diagnostic Systems-CARB
Requirements for Interchange of Digital Information", February 1 994
(ISO 9141-2).
(1.8) ISO 14230-4:2000 "Road Vehicles-Diagnostic Systems-KWP
2000 Requirements for Emission-related Systems", June 2000 (ISO
14230-4).
(1.9) ISO 15765-4:2005 "Road Vehicles-Diagnostics on Controller
Area Network (CAN) - Part 4: Requirements for emissions-related sys-
tems", January 2005 (ISO 15765^1).
(1.10) SAE JI939 March 2005-"Recommended Practice for a Serial
Control and Communications Vehicle Network" and the associated sub-
parts included in SAE HS-1939, "Truck and Bus Control and Commu-
nications Network Standards Manual", 2005 Edition (SAE J 1939).
(1.10.1) SAE J 1939-73 "Application Layer - Diagnostics", Septem-
ber 2006.
(1.11) SAE J1699-3 - "OBD II Compliance Test Cases", May 2006
(SAE Jl 699-3).
(1.12) SAE J2534-1 - "Recommended Practice for Pass-Thru Ve-
hicle Programming", December 2004 (SAE J2534-1).
(2) Diagnostic Connector.
A standard data link connector conforming to SAE J 1962 specifica-
tions (except as specified in section (g)(2.3)) shall be incorporated in
each vehicle.
(2.1) The connector shall be located in the driver's side foot-well re-
gion of the vehicle interior in the area bound by the driver's side of the
vehicle and the driver's side edge of the center console (or the vehicle
centerline if the vehicle does not have a center console) and at a location
no higher than the bottom of the steering wheel when in the lowest adjust-
able position. The connector may not be located on or in the center con-
sole (i.e., neither on the horizontal faces near the floor-mounted gear se-
lector, parking brake lever, or cup-holders nor on the vertical faces near
the car stereo, climate system, or navigation system controls). The loca-
tion of the connector shall be capable of being easily identified by a
"crouched" technician entering the vehicle from the driver's side.
(2.2) If the connector is covered, the cover must be removable by hand
without the use of any tools and be labeled to aid technicians in identify-
ing the location of the connector. Access to the diagnostic connector may
not require opening or the removal of any storage accessory (e.g., ash-
tray, coinbox, etc.). The label shall be submitted to the Executive Officer
for review and approval, at or before the time the manufacturer submits
its certification application. The Executive Officer shall approve the la-
bel upon determining that it clearly identifies that the connector is located
behind the cover and is consistent with language and/or symbols com-
monly used in the automotive industry.
(2.3) Any pins in the connector that provide electrical power shall be
properly fused to protect the integrity and usefulness of the connector for
diagnostic purposes and may not exceed 20.0 Volts DC regardless of the
nominal vehicle system or battery voltage (e.g., 12V, 24V, 42V, etc.).
(3) Communications to a Scan Tool:
Manufacturers shall use one of the following standardized protocols
for communication of all required emission related messages from on-
board to off-board network communications to a scan tool meeting SAE
J1978 specifications:
(3.1) SAE J1850. All required emission related messages using this
protocol shall use the Cyclic Redundancy Check and the three byte head-
er, may not use inter-byte separation or checksums, and may not require
a minimum delay of 100 ms between SAE J1978 scan tool requests. This
protocol may not be used on any 2008 or subsequent model year vehicle.
(3.2) ISO 9141-2. This protocol may not be used on any 2008 or subse-
quent model year vehicle.
(3.3) ISO 14230^4. This protocol may not be used on any 2008 or sub-
sequent model year vehicle.
(3.4) ISO 15765-4. This protocol shall be allowed on any 2003 and
subsequent model year vehicle and required on all 2008 and subsequent
model year vehicles. All required emission-related messages using this
protocol shall use a 500 kbps baud rate.
(4) Required Emission Related Functions: The following standardized
functions shall be implemented in accordance with the specifications in
SAE Jl 979 to allow for access to the required information by a scan tool
meeting SAE J1978 specifications:
(4.1) Readiness Status: In accordance with SAE J 1979 specifications,
the OBD II system shall indicate "complete" or "not complete" since the
fault memory was last cleared for each of the installed monitored compo-
nents and systems identified in sections (e)(1) through (e)(8), (e)(15),
(f)(1) through (f)(4), (f)(6), (f)(8), and (f)(15). All 2010 and subsequent
model year diesel vehicles shall additionally indicate the appropriate
readiness status for monitors identified in sections (f)(5), (f)(7), and
(f)(9). All 2010 subsequent model year vehicles equipped with VVT sys-
tem monitoring and subject to the test results requirements specified in
section (g)(4.5.4)(C) shall additionally indicate the appropriate readiness
status for VVT system monitors identified in sections (e)(13) and (f)(13).
All components or systems that are monitored continuously shall always
indicate "complete". Those components or systems that are not subject
to continuous monitoring shall immediately indicate "complete" upon
the respective diagnostic(s) being fully executed and determining that the
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•
component or system is not malfunctioning. A component or system
shall also indicate "complete" if after the requisite number of decisions
necessary for determining MIL status have been fully executed, the mon-
itor indicates a malfunction for the component or system. The status for
each of the monitored components or systems shall indicate "not com-
plete" whenever fault memory has been cleared or erased by a means oth-
er than that allowed in section (d)(2). Normal vehicle shut down (i.e., key
off, engine off) may not cause the status to indicate "not complete".
(4.1.1) Subject to Executive Officer approval, if monitoring is dis-
abled for a multiple number of driving cycles due to the continued pres-
ence of extreme operating conditions (e.g., cold ambient temperatures,
high altitudes, etc), readiness status for the subject monitoring system
may be set to indicate "complete" without monitoring having been com-
pleted. Executive Officer approval shall be based on the conditions for
monitoring system disablement and the number of driving cycles speci-
fied without completion of monitoring before readiness is indicated as
"complete".
(4.1.2) For the evaporative system monitor:
(A) Except as provided below in section (g)(4.1.2)(B), the readiness
status shall be set in accordance with section (g)(4.1) when both the func-
tional check of the purge valve and the leak detection monitor of the ori-
fice size specified in either section (e)(4.2.2)(B) or (C) (e.g., 0.040 inch
or 0.020 inch) indicate that they are complete.
(B) For vehicles that utilize a 0.090 inch (in lieu of 0.040 inch) leak
detection monitor in accordance with section (e)(4.2.5), the readiness
status shall be set in accordance with section (g)(4.1) when both the func-
tional check of the purge valve and the leak detection monitor of the ori-
fice size specified in section (e)(4.2.2)(C) (e.g., 0.020 inch) indicate that
they are complete.
(4.1.3) If the manufacturer elects to additionally indicate readiness sta-
tus through the MIL in the key on, engine off position as provided for in
section (d)(2.1.3), the readiness status shall be indicated in the following
manner: If the readiness status for all monitored components or systems
is "complete", the MIL shall remain continuously illuminated in the key
on, engine off position for at least 15-20 seconds. If the readiness status
for one or more of the monitored components or systems is "not com-
plete", after 15-20 seconds of operation in the key on, engine off position
with the MIL illuminated continuously, the MIL shall blink once per se-
cond for 5-10 seconds. The data stream value for MIL status (section
(g)(4.2)) shall indicate "commanded off during this sequence unless the
MIL has also been "commanded on" for a detected fault.
(4.2) Data Stream: The following signals shall be made available on
demand through the standardized data link connector in accordance with
SAE J1979 specifications. The actual signal value shall always be used
instead of a default or limp home value.
(4.2.1) For all vehicles: calculated load value, number of stored con-
firmed fault codes, engine coolant temperature, engine speed, absolute
throttle position (if equipped with a throttle), vehicle speed, OBD re-
quirements to which the engine is certified (e.g., California OBD II, EPA
OBD, European OBD. non-OBD) and MIL status (i.e., commanded-on
or commanded-off).
(4.2.2) For all vehicles so equipped: fuel control system status (e.g.,
open loop, closed loop, etc.), fuel trim, fuel pressure, ignition timing ad-
vance, intake air temperature, manifold absolute pressure, air flow rate
from mass air flow sensor, secondary air status (upstream, downstream,
or atmosphere), oxygen sensor output, air/fuel ratio sensor output.
(4.2.3) For all 2005 and subsequent model year vehicles using the ISO
15765-4 protocol for the standardized functions required in section (g),
the following signals shall also be made available: absolute load, fuel lev-
el (if used to enable or disable any other diagnostics), relative throttle
position (if equipped with a throttle), barometric pressure (directly mea-
sured or estimated), engine control module system voltage, commanded
equivalence ratio, catalyst temperature (if directly measured or estimated
for purposes of enabling the catalyst monitor(s)), monitor status (i.e., dis-
abled for the rest of this driving cycle, complete this driving cycle, or not
complete this driving cycle) since last engine shut-off for each monitor
used for readiness status, time elapsed since engine start, distance trav-
eled while MIL activated, distance traveled since fault memory last
cleared, and number of warm-up cycles since fault memory last cleared.
(4.2.4) For all 2005 and subsequent model year vehicles so equipped
and using the ISO 1 5765-4 protocol for the standardized functions re-
quired in section (g): ambient air temperature, evaporative system vapor
pressure, commanded purge valve duty cycle/position, commanded
EGR valve duty cycle/position, EGR error between actual and comman-
ded, PTO status (active or not active), redundant absolute throttle posi-
tion (for electronic throttle or other systems that utilize two or more sen-
sors), absolute pedal position, redundant absolute pedal position, and
commanded throttle motor position.
(4.2.5) Additionally, for all 2010 and subsequent model year vehicles
with a diesel engine:
(A) Calculated load (engine torque as a percentage of maximum
torque available at the current engine speed), driver's demand engine
torque (as a percentage of maximum engine torque), actual engine torque
(as a percentage of maximum engine torque), engine oil temperature (if
used for emission control or any OBD diagnostics), time elapsed since
engine start; and
(B) Fuel level (if used to enable or disable any other diagnostics), baro-
metric pressure (directly measured or estimated), engine control module
system voltage; and
(C) Monitor status (i.e., disabled for the rest of this driving cycle, com-
plete this driving cycle, or not complete this driving cycle) since last en-
gine shut-off for each monitor used for readiness status, distance traveled
(or engine run time for engines not utilizing vehicle speed information)
while MIL activated, distance traveled (or engine run time for engines
not utilizing vehicle speed information) since fault memory last cleared,
and number of warm-up cycles since fault memory last cleared; and
(D) For all engines so equipped: absolute throttle position, relative
throttle position, fuel injection timing, intake manifold temperature, in-
tercooler temperature, ambient air temperature, commanded EGR valve
duty cycle/position, actual EGR valve duty cycle/position, EGR error be-
tween actual and commanded, PTO status (active or not active), absolute
pedal position, redundant absolute pedal position, commanded throttle
motor position, fuel rate, boost pressure, commanded/target boost pres-
sure, turbo inlet air temperature, fuel rail pressure, commanded fuel rail
pressure, PM filter inlet pressure, PM filter inlet temperature, PM filter
outlet pressure, PM filter outlet temperature, PM filter delta pressure, ex-
haust pressure sensor output, exhaust gas temperature sensor output, in-
jection control pressure, commanded injection control pressure, turbo-
charger/turbine speed, variable geometry turbo position, commanded
variable geometry turbo position, turbocharger compressor inlet temper-
ature, turbocharger compressor inlet pressure, turbocharger turbine inlet
temperature, turbocharger turbine outlet temperature, wastegate valve
position, glow plug lamp status, PM sensor output, and NOx sensor out-
put;
(E) Additionally, for all 2010 and subsequent model year medium-
duty vehicles with a diesel engine certified on an engine dynamometer:
NOx NTE control area status (i.e., inside control area, outside control
area, inside manufacturer-specific NOx NTE carve-out area, or NTE de-
ficiency for NOx active area) and PM NTE control area status (i.e., inside
control area, outside control area, inside manufacturer-specific PM NTE
carve-out area, or NTE deficiency for PM active area).
(4.3) Freeze Frame.
(4.3.1) "Freeze frame" information required to be stored pursuant to
sections (d)(2.2.7), (e)(3.4.3), (e)(6.4.4), (f)(3.4.2)(B), and (f)(4.4.2)(D)
shall be made available on demand through the standardized data link
connector in accordance with SAE J1979 specifications.
(4.3.2) "Freeze frame" conditions must include the fault code which
caused the data to be stored and all of the signals required in section
(g)(4.2.1) except number of stored confirmed fault codes, OBD require-
ments to which the engine is certified, MIL status, and absolute throttle
position in accordance with (g)(4.3.3). Freeze frame conditions shall also
include all of the signals required on the vehicle in sections (g)(4.2.2)
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through (g)(4.2.5)(D) that are used for diagnostic or control purposes in
the specific diagnostic or emission-critical powertrain control unit that
stored the fault code except: oxygen sensor output, air/fuel ratio sensor
output, catalyst temperature, evaporative system vapor pressure, glow
plug lamp status, PM sensor output, NOx sensor output, monitor status
since last engine shut off, distance traveled while MIL activated, distance
traveled since fault memory last cleared, and number of warm-up cycles
since fault memory last cleared.
(4.3.3) In lieu of including the absolute throttle position data specified
in (g)(4.2.1) in the freeze frame data, diagnostic or emission-critical
powertrain control units that do not use the absolute throttle position data
may include the relative throttle position data specified in (g)(4.2.3) or
pedal position data specified in (g)(4.2.4).
(4.3.4) Only one frame of data is required to be recorded. Manufactur-
ers may choose to store additional frames provided that at least the re-
quired frame can be read by a scan tool meeting SAE J1978 specifica-
tions.
(4.4) Fault Codes
(4.4.1) For all monitored components and systems, stored pending,
confirmed, and permanent fault codes shall be made available through
the diagnostic connector in accordance with SAE J1979 specifications.
Standardized fault codes conforming to SAE J2012 shall be employed.
(4.4.2) The stored fault code shall, to the fullest extent possible, pin-
point the likely cause of the malfunction. To the extent feasible on all
2005 and subsequent model year vehicles, manufacturers shall use sepa-
rate fault codes for every diagnostic where the diagnostic and repair pro-
cedure or likely cause of the failure is different. In general, rationality and
functional diagnostics shall use different fault codes than the respective
circuit continuity diagnostics. Additionally, input component circuit
continuity diagnostics shall use different fault codes for distinct malfunc-
tions (e.g., out-of-range low, out-of-range high, open circuit, etc.).
(4.4.3) Manufacturers shall use appropriate SAE-defined fault codes
of SAE J2012 (e.g., POxxx, P2xxx) whenever possible. With Executive
Officer approval, manufacturers may use manufacturer-defined fault
codes in accordance with SAE J2012 specifications (e.g., Plxxx). Fac-
tors to be considered by the Executive Officer for approval shall include
the lack of available SAE-defined fault codes, uniqueness of the diag-
nostic or monitored component, expected future usage of the diagnostic
or component, and estimated usefulness in providing additional diagnos-
tic and repair information to service technicians. Manufacturer-defined
fault codes shall be used consistently (i.e., the same fault code may not
be used to represent two different failure modes) across a manufacturer's
entire product line.
(4.4.4) A fault code (pending and/or confirmed, as required in sections
(d) (e), and (f)) shall be stored and available to an SAE J 1978 scan tool
within 10 seconds after a diagnostic has determined that a malfunction
has occurred. A permanent fault code shall be stored and available to an
SAE Jl 978 scan tool no later than the end of an ignition cycle (including
electronic control unit shutdown) in which the corresponding confirmed
fault code causing the MIL to be illuminated has been stored.
(4.4.5) Pending fault codes:
(A) On all 2005 and subsequent model year vehicles, pending fault
codes for all components and systems (including continuously and non-
continuously monitored components) shall be made available through
the diagnostic connector in accordance with SAE J1979 specifications
(e.g., Mode/Service $07).
(B) On all 2005 and subsequent model year vehicles, a pending fault
code(s) shall be stored and available through the diagnostic connector for
all currently malfunctioning monitored component(s) or system(s), re-
gardless of the MIL illumination status or confirmed fault code status
(e.g., even after a pending fault has matured to a confirmed fault code and
the MIL is illuminated, a pending fault code shall be stored and available
if the most recent monitoring event indicates the component is malfunc-
tioning).
(C) Manufacturers using alternate statistical protocols for MIL illu-
mination as allowed in section (d)(2.2.6) shall submit to the Executive
Officer a protocol for setting pending fault codes. The Executive Officer
shall approve the proposed protocol upon determining that, overall, it is
equivalent to the requirements in sections (g)(4.4.5)(A) and (B) and that
it effectively provides service technicians with a quick and accurate in-
dication of a pending failure.
(4.4.6) Permanent fault codes:
(A) Permanent fault codes for all components and systems shall be
made available through the diagnostic connector in a standardized format
that distinguishes permanent fault codes from both pending fault codes
and confirmed fault codes.
(B) A confirmed fault code shall be stored as a permanent fault code
no later than the end of the ignition cycle and subsequently at all times
that the confirmed fault code is commanding the MIL on (e.g.. for cur-
rently failing systems but not during the 40 warm-up cycle self-healing
process described in section (d)(2.4)).
(C) Permanent fault codes shall be stored in NVRAM and may not be
erasable by any scan tool command (generic or enhanced) or by discon-
necting power to the on-board computer.
(D) Permanent fault codes may not be erased when the control module
containing the permanent fault codes is reprogrammed unless the readi-
ness status (refer to section (g)(4.1)) for all monitored components and
systems is set to "not complete" in conjunction with the reprogramming
event.
(E) The OBD system shall have the ability to store a minimum of four
current confirmed fault codes as permanent fault codes in NVRAM. If
the number of confirmed fault codes currently commanding the MIL on
exceeds the maximum number of permanent fault codes that can be
stored, the OBD system shall store the earliest detected confirmed fault
codes as permanent fault codes. If additional confirmed fault codes are
stored when the maximum number of permanent fault codes is already
stored in NVRAM, the OBD system may not replace any existing perma-
nent fault code with the additional confirmed fault codes.
(4.5) Test Results
(4.5.1) For all monitored components and systems for gasoline engine
vehicles identified in sections (e)(1) through (e)(8) except misfire detec-
tion, fuel system monitoring, and oxygen sensor circuit and out-of-
range monitoring, and for all monitored components and systems for die-
sel engine vehicles identified in sections (f)(1) through (f)(9) except
those required to be monitored continuously, results of the most recent
monitoring of the components and systems and the test limits established
for monitoring the respective components and systems shall be stored
and available through the data link in accordance with SAE J1979 speci-
fications.
(4.5.2) The test results shall be reported such that properly functioning
components and systems (e.g., "passing" systems) do not store test val-
ues outside of the established test limits.
(4.5.3) The test results shall be stored until updated by a more recent
valid test result or the fault memory of the OBD II system computer is
cleared. Upon fault memory being cleared, test results reported for moni-
tors that have not yet completed since the last time the fault memory was
cleared shall report values that do not indicate a failure (i.e., a test value
which is outside of the test limits).
(4.5.4) Additionally, for vehicles using ISO 15765^1 (see section
(g)(3.4)) as the communication protocol:
(A) The test results and limits shall be made available in the standard-
ized format specified in SAE J1979 for the ISO 15765-4 protocol. Test
results using vehicle manufacturer-defined monitor identifications (i.e.,
SAE J 1979 OBDMIDs in the range of $E1-$FF) may not be used.
(B) Test limits shall include both minimum and maximum acceptable
values and shall be reported for all test results required in section
(g)(4.5.1). The test limits shall be defined so that a test result equal to ei-
ther test limit is a "passing" value, not a "failing" value.
(C) For 2005 and subsequent model year vehicles, misfire monitoring
test results shall be calculated and reported in the standardized format
specified in SAE J 1979. For 25 percent of 2009, 50 percent of 2010, and
100 percent of 201 1 and subsequent model year vehicles equipped with
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VVT systems, VVT monitoring test results and limits shall be stored and
available in the standardized format specified in SAE J 1979.
(D) Monitors that have not yet completed since the last time the fault
memory was cleared shall report values of zero for the test result and test
limits.
(E) All test results and test limits shall always be reported and the test
results shall be stored until updated by a more recent valid test result or
the fault memory of the OBD II system computer is cleared. For monitors
with multiple pass/fail criteria (e.g., a purge flow diagnostic that can pass
upon seeing a rich shift, lean shift, or engine speed change), on 25 percent
of 2009, 50 percent of 2010, and 100 percent of 2011 and subsequent
model year vehicles, only the test results used in the most recent decision
shall be reported with valid results and limits while test results not used
in the most recent decision shall report values of zero for the test results
and limits (e.g., a purge flow monitoring event that passed based on see-
ing a rich shift shall report the results and the limits of the rich shift test
and shall report values of zero for the results and limits of the lean shift
and engine speed change tests).
(F) The OBD II system shall store and report unique test results for
each separate diagnostic (e.g., an OBD II system with individual evapo-
rative system diagnostics for 0.040 inch and 0.020 inch leaks shall sepa-
rately report 0.040 inch and 0.020 inch test results).
(4.6) Software Calibration Identification
(4.6.1) On all vehicles, a software calibration identification number
(CAL ID) for the diagnostic or emission critical powertrain control
unit(s) shall be made available through the standardized data link con-
nector in accordance with the SAE J1979 specifications. Except as pro-
vided for in section (g)(4.6.3), for 2009 and subsequent model year ve-
hicles, the OBD II system shall use a single software calibration
identification number (CAL ID) for each diagnostic or emission critical
powertrain control unit(s) that replies to a generic scan tool with a unique
module address.
(4.6.2) A unique CAL ID shall be used for every emission-related cal-
ibration and/or software set having at least one bit of different data from
any other emission-related calibration and/or software set. Control units
coded with multiple emission or diagnostic calibrations and/or software
sets shall indicate a unique CAL ID for each variant in a manner that en-
ables an off-board device to determine which variant is being used by the
vehicle. Control units that utilize a strategy that will result in MIL illu-
mination if the incorrect variant is used (e.g., control units that contain
variants for manual and automatic transmissions but will illuminate the
MIL if the variant selected does not match the type of transmission on the
vehicle) are not required to use unique CAL IDs.
(4.6.3) For 2009 and subsequent model year vehicles, manufacturers
may request Executive Officer approval to respond with more than one
CAL ID per diagnostic or emission critical powertrain control unit.
Executive Officer approval of the request shall be based on the method
used by the manufacturer to ensure each control unit will respond to a
SAE J 1 978 scan tool with the CAL IDs in order of highest to lowest prior-
ity with regards to areas of the software most critical to emission and
OBD II system performance.
(4.7) Software Calibration Verification Number
(4.7.1) All 20052 and subsequent model year vehicles shall use an al-
gorithm to calculate a calibration verification number (CVN) that veri-
fies the on-board computer software integrity in diagnostic or emission
critical electronically reprogrammable powertrain control units. The
CVN shall be made available through the standardized data link connec-
tor in accordance with the SAE J1979 specifications. The CVN shall be
capable of being used to determine if the emission-related software and/
or calibration data are valid and applicable for that vehicle and CAL ID.
For 50 percent of 2010 and 100 percent of 201 1 and subsequent model
year vehicles, one CVN shall be made available for each CAL ID made
available and each CVN shall be output to a generic scan tool in the same
order as the CAL IDs are output to the scan tool to allow the scan tool to
match each CVN to the corresponding CAL ID.
(4.7.2) Manufacturers shall request Executive Officer approval of the
algorithm used to calculate the CVN. Executive Officer approval of the
algorithm shall be based on the complexity of the algorithm and the diffi-
culty in achieving the same CVN with modified calibration values.
(4.7.3) The CVN shall be calculated at least once per driving cycle and
stored until the CVN is subsequently updated. Except for immediately af-
ter a reprogramming event or a non-volatile memory clear or for the first
30 seconds of engine operation after a volatile memory clear or battery
disconnect, the stored value shall be made available through the data link
connector to a generic scan tool in accordance with SAE J 1 979 specifica-
tions. The stored CVN value may not be erased when fault memory is
erased by a generic scan tool in accordance with SAE J1979 specifica-
tions or during normal vehicle shut down (i.e., key off, engine off).
(4.7.4) For purposes of Inspection and Maintenance (I/M) testing,
manufacturers shall make the CVN and CAL ID combination informa-
tion available for all 2008 and subsequent model year vehicles in a stan-
dardized electronic format that allows for off-board verification that the
CVN is valid and appropriate for a specific vehicle and CAL ID. The
standardized electronic format is detailed in Attachment E: CAL ID and
CVN Data of ARB Mail-Out #MSC 06-23, December 21, 2006, incor-
porated by reference. Manufacturers shall submit the CVN and CAL ID
information to the Executive Officer not more than 25 days after the close
of a calendar quarter.
(4.8) Vehicle Identification Number:
(4.8. 1) All 2005 and subsequent model year vehicles shall have the ve-
hicle identification number (VIN) available in a standardized format
through the standardized data link connector in accordance with SAE
J1979 specifications. Only one electronic control unit per vehicle shall
report the VIN to an SAE Jl 978 scan tool.
(4.8.2) For 2012 and subsequent model year vehicles, if the VIN is re-
programmable, all emission-related diagnostic information (i.e., all in-
formation required to be erased in accordance with SAE J 1979 specifica-
tions when a Mode/Service $04 clear/reset emission-related diagnostic
information command is received) shall be erased in conjunction with the
reprogramming of the VIN.
(4.9) ECU Name: The name of each electronic control unit that re-
sponds to an SAE J 1978 scan tool with a unique address or identifier shall
be communicated in a standardized format in accordance with SAE
J1979 (i.e., ECUNAME in Service/Mode $09, InfoType $0A). Except as
specified for vehicles with more than one engine control unit, commu-
nication of the ECU name in a standardized format is required on 50 per-
cent of 2010, 75 percent of 201 1, and 100 percent of 2012 and subsequent
model year vehicles. For vehicles with more than one engine control unit
(e.g., a 12 cylinder engine with two engine control units, each of which
controls six cylinders), communication of the ECU name is required on
all 2010 and subsequent model year vehicles.
(5) In-use Performance Ratio Tracking Requirements:
(5.1) For each monitor required in section (e) to separately report an
in-use performance ratio, manufacturers shall implement software algo-
rithms to report a numerator and denominator in the standardized format
specified below and in accordance with the SAE J 1979 specifications.
(5.2) Numerical Value Specifications:
(5.2.1) For the numerator, denominator, general denominator, and
ignition cycle counter:
(A) Each number shall have a minimum value of zero and a maximum
value of 65,535 with a resolution of one.
(B) Each number shall be reset to zero only when a non-volatile
memory reset occurs (e.g., reprogramming event, etc.) or, if the numbers
are stored in keep-alive memory (KAM), when KAM is lost due to an
interruption in electrical power to the control module (e.g., battery dis-
connect, etc.). Numbers may not be reset to zero under any other circum-
stances including when a scan tool command to clear fault codes or reset
KAM is received.
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(C) If either the numerator or denominator for a specific component
reaches the maximum value of 65,535 ±2, both numbers shall be divided
by two before either is incremented again to avoid overflow problems.
(D) If the ignition cycle counter reaches the maximum value of 65,535
±2, the ignition cycle counter shall rollover and increment to zero on the
next ignition cycle to avoid overflow problems.
(E) If the general denominator reaches the maximum value of 65.535
±2, the general denominator shall rollover and increment to zero on the
next driving cycle that meets the general denominator definition to avoid
overflow problems.
(F) If a vehicle is not equipped with a component (e.g., oxygen sensor
bank 2, secondary air system), the corresponding numerator and denomi-
nator for that specific component shall always be reported as zero.
(5.2.2) For the ratio:
(A) The ratio shall have a minimum value of zero and a maximum val-
ue of 7.99527 with a resolution of 0.0001 22.
(B) A ratio for a specific component shall be considered to be zero
whenever the corresponding numerator is equal to zero and the corre-
sponding denominator is not zero.
(C) A ratio for a specific component shall be considered to be the maxi-
mum value of 7.99527 if the corresponding denominator is zero or if the
actual value of the numerator divided by the denominator exceeds the
maximum value of 7.99527.
(6) Engine Run Time Tracking Requirements:
(6.1) For all 2010 and subsequent model year medium-duty vehicles
equipped with diesel engines, manufacturers shall implement software
algorithms to individually track and report in a standardized format the
engine run time while being operated in the following conditions:
(6.1.1) Total engine run time;
(6. 1.2) Total idle run time (with "idle" defined as accelerator pedal re-
leased by driver, vehicle speed less than or equal to one mile per hour,
and PTO not active);
(6.1.3) Total run time with PTO active.
(6.1.4) Total run time with EI-AECD #1 active;
(6.1 .5) Total run time with EI-AECD #2 active; and so on up to
(6.1 .6) Total run time with EI-AECD #n active.
(6.2) For all 2010 and subsequent model year light-duty vehicles
equipped with diesel engines, manufacturers shall implement software
algorithms to individually track and report in a standardized format the
engine run time while being operated in the following conditions:
(6.2.1) Total engine run time;
(6.2.2) Total run time with EI-AECD #1 active;
(6.2.3) Total run time with EI-AECD #2 active; and so on up to
(6.2.4) Total run time with EI-AECD #n active.
(6.3) Numerical Value Specifications:
(6.3.1) For each counter specified in section (g)(6):
(A) Each number shall conform to the standardized format specified
in SAE Jl 979.
(B) Each number shall be reset to zero only when a non-volatile
memory reset occurs (e.g., reprogramming event). Numbers may not be
reset to zero under any other circumstances including when a scan tool
(generic or enhanced) command to clear fault codes or reset KAM is re-
ceived.
(C) If any of the individual counters reach the maximum value, all
counters shall be divided by two before any are incremented again to
avoid overflow problems.
(6.4) Separation of EI-AECDs
(6.4.1) Each EI-AECD shall be tracked individually and increment
the counters at all times the conditions necessary to activate the EI-
AECD are present.
(6.4.2) For EI-AECDs that have variable actions or degrees of action
(e.g., derate EGR more aggressively as engine oil temperature continues
to increase), the EI-AECD shall be tracked as two separate EI-AECDs
and increment two counters.
(A) The first of the two counters shall be incremented whenever the
EI-AECD is commanding some amount of reduced emission control ef-
fectiveness up to but not including 75 percent of the maximum reduced
emission control effectiveness that the EI-AECD is capable of com-
manding during in-use vehicle or engine operation. For example, an
overheat protection strategy that progressively derates EGR and eventu-
ally shuts off EGR as oil temperature increases would accumulate time
for the first counter from the time derating of EGR begins up to the time
that EGR is derated 75 percent. As a second example, an overheat protec-
tion strategy that advances fuel injection timing progressively up to a
maximum advance of 15 degrees crank angle as the engine coolant tem-
perature increases would accumulate time for the first counter from the
time advance is applied up to the time that advance reaches 1 1.25 degrees
(75 percent of the maximum 15 degrees).
(B) The second of the two counters shall be incremented whenever the
EI-AECD is commanding 75 percent or more of the maximum reduced
emission control effectiveness that the EI-AECD is capable of com-
manding during in-use vehicle or engine operation. For example, the se-
cond counter for the first example EI-AECD identified in section
(g)(6.4.2.)(A) would accumulate time from the time that EGR is derated
75 percent up to and including when EGR is completely shut off. For the
second example EI-AECD identified in section (g)(6.4.2)(A), the second
counter would accumulate time from the time fuel injection timing ad-
vance is at 1 1.25 degrees up to and including the maximum advance of
15 degrees.
(6.4.3) If more than one EI-AECD is currently active, the counters for
both EI-AECDs shall accumulate time, regardless if there is overlap or
redundancy in the commanded action (e.g., two different EI-AECDs in-
dependently but simultaneously commanding EGR off shall both accu-
mulate time in their respective counters).
(7) Exceptions to Standardization Requirements.
(7.1) For medium-duty vehicles equipped with a diesel engine certi-
fied on an engine dynamometer, a manufacturer may request Executive
Officer approval to use both: (1) an alternate diagnostic connector, and
emission-related message structure and format in lieu of the standardiza-
tion requirements in sections (g)(2) and (4) that refer to SAE Jl 962, SAE
J1978, and SAE J1979, and (2) an alternate communication protocol in
lieu of the identified protocols in section (g)(3). The Executive Officer
shall approve the request if the alternate diagnostic connector, commu-
nication protocol, and emission-related message format and structure re-
quested by the manufacturer meet the standardization requirements in
title 13, CCR section 1971.1 applicable for 2013 and subsequent model
year heavy-duty diesel engines and the information required to be made
available in section (g)(4.1) through (g)(6) (e.g., readiness status, data
stream parameters, permanent fault codes, engine run time tracking data)
is available in a standardized format through the alternate emission-re-
lated message format.
(7.2) For 2004 model year vehicles only, wherever the requirements
of sections (g)(2) and (g)(4) reflect a substantive change from the require-
ments of title 13, CCR sections 1 968. 1 (e), (f), (k), or (/) for the 2003 mod-
el year vehicles, the manufacturer may request Executive Officer ap-
proval to continue to use the requirements of section 1968.1 in lieu of the
requirements of sections (g)(2) and (g)(4). The Executive Officer shall
approve the request upon determining that the manufacturer has sub-
mitted data and/or engineering evaluation that demonstrate that software
or hardware changes would be required to comply with the requirements
of sections (g)(2) and (g)(4) and that the system complies with the re-
quirements of sections 1968.1(e), (f), (k), and (/).
(h) Monitoring System Demonstration Requirements For Certifica-
tion
(1) General.
(1.1) Certification requires that manufacturers submit emission test
data from one or more durability demonstration test vehicles (test ve-
hicles). For applications certified on engine dynamometers, engines may
be used instead of vehicles.
(1 .2) The Executive Officer may approve other demonstration proto-
cols if the manufacturer can provide comparable assurance that the mal-
function criteria are chosen based on meeting emission requirements and
•
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Title 13
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§ 1968.2
that the timeliness of malfunction detection is within the constraints of
the applicable monitoring requirements.
(1.3) For flexible fuel vehicles capable of operating on more than one
fuel or fuel combinations, the manufacturer shall submit a plan for pro-
viding emission test data to the Executive Officer for approval. The
Executive Officer shall approve the plan if it is determined to be repre-
sentative of expected in-use fuel or fuel combinations and provides accu-
rate and timely evaluation of the monitored systems.
(2) Selection of Test Vehicles:
(2. 1 ) Prior to submitting any applications for certification for a model
year, a manufacturer shall notify the Executive Officer of the test groups
planned for that model year. The Executive Officer will then select the
test group(s) that the manufacturer shall use as demonstration test ve-
hicles to provide emission test data. The selection of test vehicles for pro-
duction vehicle evaluation, as specified in section (j), may take place dur-
ing this selection process.
(2.2) A manufacturer certifying one to five test groups in a model year
shall provide emission test data from a test vehicle from one test group.
A manufacturer certifying six to fifteen test groups in a model year shall
provide emission test data from test vehicles from two test groups. A
manufacturer certifying sixteen or more test groups in a model year shall
provide emission test data from test vehicles from three test groups. The
Executive Officer may waive the requirement for submittal of data from
one or more of the test groups if data have been previously submitted for
all of the test groups.
(2.3) For the test vehicle(s), a manufacturer shall use a certification
emission durability test vehicle(s), a representative high mileage ve-
hicle^), or a vehicle(s) aged to the end of the full useful life using an
ARB-approved alternative durability procedure (ADP).
(3) Required Testing for Gasoline/Spark-ignited vehicles:
Except as provided below, the manufacturer shall perform single-
fault testing based on the applicable FTP test with the following compo-
nents/systems set at their malfunction criteria limits as determined by the
manufacturer for meeting the requirements of section (e):
(3.1) Exhaust Gas Sensors:
(3.1.1) The manufacturer shall perform a test with all primary oxygen
sensors (conventional switching sensors and wide range or universal sen-
sors) used for fuel control simultaneously possessing a response rate de-
teriorated to the malfunction criteria limit. Manufacturers shall also per-
form a test for any other oxygen sensor parameter that can cause vehicle
emissions to exceed the malfunction threshold (e.g., 1.5 times the appli-
cable standards due to a shift in air/fuel ratio at which oxygen sensor
switches, decreased amplitude, etc.). When performing additional
test(s), all primary and secondary (if applicable) oxygen sensors used for
fuel control shall be operating at the malfunction criteria limit for the ap-
plicable parameter only. All other primary and secondary oxygen sensor
parameters shall be with normal characteristics.
(3.1.2) For vehicles utilizing sensors other than oxygen sensors for pri-
mary fuel control (e.g., hydrocarbon sensors, etc.), the manufacturer
shall submit, for Executive Officer approval, a demonstration test plan
for performing testing of all of the sensor parameters that can cause ve-
hicle emissions to exceed the malfunction threshold (e.g., 1.5 times the
applicable standards). The Executive Officer shall approve the plan if it
is determined that it will provide data that will assure proper performance
of the diagnostics of the sensors, consistent with the intent of section (h).
(3.2) EGR System: The manufacturer shall perform a test at the low
flow limit.
(3.3) VVT System: For 2006 through 2008 model year Low Emission
II applications and all 2009 and subsequent model year vehicles, the
manufacturer shall perform a test at each target error limit and slow re-
sponse limit calibrated to the malfunction criteria (e.g., 1 .5 times the FTP
standard) in sections (e)(13.2.1) and (13.2.2). In conducting the VVT
system demonstration tests, the manufacturer may use computer modifi-
cations to cause the VVT system to operate at the malfunction limit if the
manufacturer can demonstrate that the computer modifications produce
test results equivalent to an induced hardware malfunction.
(3.4) Fuel System:
(3.4.1) For vehicles with adaptive feedback based on the primary fuel
control sensor(s), the manufacturer shall perform a test with the adaptive
feedback based on the primary fuel control sensor(s) at the rich limit(s)
and a test at the lean limit(s) established by the manufacturer in section
(e)(6.2.1) to detect a malfunction before emissions exceed the malfunc-
tion threshold (e.g., 1.5 times the applicable standards).
(3.4.2) For vehicles with feedback based on a secondary fuel control
sensor(s) and subject to the malfunction criteria in section (e)(6.2.1 ), the
manufacturer shall perform a test with the feedback based on the second-
ary fuel control sensor(s) at the rich limit(s) and a test at the lean limit(s)
established by the manufacturer in section (e)(6.2. 1 ) to detect a malfunc-
tion before emissions exceed the malfunction threshold (e.g., 1.5 times
the applicable standards).
(3.4.3) For other fuel metering or control systems, the manufacturer
shall perform a test at the criteria limit(s).
(3.4.4) For purposes of fuel system testing, the fault(s) induced may
result in a uniform distribution of fuel and air among the cylinders. Non-
uniform distribution of fuel and air used to induce a fault may not cause
misfire. In conducting the fuel system demonstration tests, the manufac-
turer may use computer modifications to cause the fuel system to operate
at the malfunction limit if the manufacturer can demonstrate that the
computer modifications produce test results equivalent to an induced
hardware malfunction.
(3.5) Misfire: The manufacturer shall perform a test at the malfunction
criteria limit specified in section (e)(3.2.2). The testing is not required for
diesel applications.
(3.6) Secondary Air System: The manufacturer shall perform a test at
the low flow limit. Manufacturers performing only a functional check in
accordance with the provisions of section (e)(5.2.2)(B) or (e)(5.2.4) shall
perform a test at the functional check flow malfunction criteria.
(3.7) Catalyst System: The manufacturer shall perform a test using a
catalyst system deteriorated to the malfunction criteria using methods es-
tablished by the manufacturer in accordance with sections (e)(1.2.6) and
(1.2.7).
(3.8) Heated Catalyst Systems: The manufacturer shall perform a test
at the malfunction criteria limit established by the manufacturer in sec-
tion (e)(2.2).
(3.9) Other systems: The manufacturer shall conduct demonstration
tests for all other emission control components designed and calibrated
to an emission threshold malfunction criteria (e.g., 1.5 times any of the
applicable emission standards) (e.g., hydrocarbon traps, adsorbers, etc.)
under the provisions of section (e)(I6).
(3.10) The manufacturer may electronically simulate deteriorated
components but may not make any vehicle control unit modifications
(unless otherwise excepted above) when performing demonstration
tests. All equipment necessary to duplicate the demonstration test must
be made available to the ARB upon request.
(4) Required Testing for Diesel/Compression— ignition vehicles:
Except as provided below, the manufacturer shall perform single-
fault testing based on the applicable test with the following components/
systems set at their malfunction criteria limits as determined by the
manufacturer for meeting the requirements of section (f).
(4.1) NMHC Catalyst: The manufacturer shall perform a separate test
for each monitored NMHC catalyst(s) (e.g., oxidation catalyst). The cat-
alyses) being evaluated shall be deteriorated to the applicable malfunc-
tion criteria established by the manufacturer in section (f)(l .2.2) using
methods established by the manufacturer in accordance with section
(f)(l .2.4). For each monitored NMHC catalyst(s), the manufacturer shall
also demonstrate that the OBD II system will detect a catalyst malfunc-
tion with the catalyst at its maximum level of deterioration (i.e., the sub-
strate^) completely removed from the catalyst container or "empty"
can). Emission data are not required for the empty can demonstration.
(4.2) NOx Catalyst: The manufacturer shall perform a separate test for
each monitored NOx catalyst(s) (e.g., SCR catalyst). The catalyst(s) be-
ing evaluated shall be deteriorated to the applicable malfunction criteria
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Title 13
established by the manufacturer in sections (f)(2.2.2)(A) and
(f)(2.2.3)(A) using methods established by the manufacturer in accor-
dance with section (f)(2.2.4). For each monitored NOx catalyst(s), the
manufacturer shall also demonstrate that the OBD 11 system will detect
a catalyst malfunction with the catalyst at its maximum level of deteriora-
tion (i.e., the substrate(s) completely removed from the catalyst container
or "empty" can). Emission data are not required for the empty can dem-
onstration.
(4.3) Misfire Monitoring: For 2010 and subsequent model year ve-
hicles subject to section (f)(3.2.2), the manufacturer shall perform a test
at the malfunction criteria limit specified in section (f)(3.2.2). A misfire
monitor demonstration test is not required for vehicles not subject to sec-
tion (0(3.2.2).
(4.4) Fuel System: The manufacturer shall perform a separate test for
each applicable malfunction limit established by the manufacturer for the
fuel system parameters (e.g., fuel pressure, injection timing, injection
quantity) specified in sections (f)(4.2.1) through (f)(4.2.3). When per-
forming a test for a specific parameter, the fuel system shall be operating
at the malfunction criteria limit for the applicable parameter only. All
other parameters shall be with normal characteristics. In conducting the
fuel system demonstration tests, the manufacturer may use computer
modifications to cause the fuel system to operate at the malfunction limit
if the manufacturer can demonstrate to the Executive Officer that the
computer modifications produce test results equivalent to an induced
hardware malfunction.
(4.5) Exhaust Gas Sensor: The manufacturer shall perform a test for
each exhaust gas sensor parameter calibrated to the malfunction criteria
in sections (f)(5.2.1)(A)(i), (f)(5.2.1)(B)(i), and (f)(5.2.2)(A). When per-
forming a test, all exhaust gas sensors used for the same purpose (e.g., for
the same feedback control loop, for the same control feature on parallel
exhaust banks) shall be operating at the malfunction criteria limit for the
applicable parameter only. All other exhaust gas sensor parameters shall
be with normal characteristics.
(4.6) EGR System: The manufacturer shall perform a test at each flow,
slow response, and cooling limit calibrated to the malfunction criteria in
sections (0(6.2.1) through (f)(6.2.3) and (0(6.2.5). In conducting the
EGR system slow response demonstration tests, the manufacturer may
use computer modifications to cause the EGR system to operate at the
malfunction limit if the manufacturer can demonstrate to the Executive
Officer that the computer modifications produce test results equivalent
to an induced hardware malfunction.
(4.7) Boost Pressure Control System: The manufacturer shall perform
a test at each boost, response, and cooling limit calibrated to the malfunc-
tion criteria in sections (0(7.2.1) through (0(7.2.4).
(4.8) NOx Adsorber: The manufacturer shall perform a test using a
NOx adsorber(s) deteriorated to the malfunction criteria in section
(0(8.2.1). The manufacturer shall also demonstrate that the OBD II sys-
tem will detect a NOx adsorber malfunction with the NOx adsorber at its
maximum level of deterioration (i.e., the substrate(s) completely re-
moved from the container or "empty" can). Emission data are not re-
quired for the empty can demonstration.
(4.9) PM Filter: The manufacturer shall perform a test using a PM fil-
ters) deteriorated to each applicable malfunction criteria in sections
(0(9.2.1), (0(9.2.2), and (0(9.2.4). The manufacturer shall also demon-
strate that the OBD II system will detect a PM filter malfunction with the
filter at its maximum level of deterioration (i.e., the filter(s) completely
removed from the filter container or "empty" can). Emission data are not
required for the empty can demonstration.
(4.10) VVT System: The manufacturer shall perform a test at each tar-
get error limit and slow response limit calibrated to the malfunction crite-
ria in sections (0(13.2.1) and (0(13.2.2). In conducting the VVT system
demonstration tests, the manufacturer may use computer modifications
to cause the VVT system to operate at the malfunction limit if the
manufacturer can demonstrate to the Executive Officer that the computer
modifications produce test results equivalent to an induced hardware
malfunction.
(4.11) For each of the testing requirements of section (h)(4), if the
manufacturer has established that only a functional check is required be-
cause no failure or deterioration of the specific tested system could result
in an engine" s emissions exceeding the emission malfunction criteria, the
manufacturer is not required to perform a demonstration test; however
the manufacturer is required to provide the data and/or engineering anal-
ysis used to determine that only a functional test of the system(s) is re-
quired.
(5) Testing Protocol.
(5.1) Preconditioning: The manufacturer shall use an applicable cycle
(FTP, SET, or Unified Cycle) for preconditioning test vehicles prior to
conducting each of the above emission tests. Upon determining that a
manufacturer has provided data and/or an engineering evaluation that
demonstrate that additional preconditioning is necessary to stabilize the
emission control system, the Executive Officer shall allow the manufac-
turer to perform a single additional preconditioning cycle, identical to the
initial preconditioning cycle, or a Federal Highway Fuel Economy Driv-
ing Cycle, following a ten minute (20 minutes for medium duty engines
certified on an engine dynamometer) hot soak after the initial precondi-
tioning cycle. The manufacturer may not require the test vehicle to be
cold soaked prior to conducting preconditioning cycles in order for the
monitoring system testing to be successful.
(5.2) Test Sequence:
(5.2.1) The manufacturer shall set the system or component on the test
vehicle for which detection is to be tested at the criteria limit(s) prior to
conducting the applicable preconditioning cycle(s). If a second precondi-
tioning cycle is permitted in accordance with section (h)(5.1) above, the
manufacturer may adjust the system or component to be tested before
conducting the second preconditioning cycle. The manufacturer may not
replace, modify, or adjust the system or component after the last pre-
conditioning cycle has taken place.
(5.2.2) After preconditioning, the test vehicle shall be operated over
the applicable cycle to allow for the initial detection of the tested system
or component malfunction. This test cycle may be omitted from the test-
ing protocol if it is unnecessary. If required by the designated monitoring
strategy, a cold soak may be performed prior to conducting this driving
cycle.
(5.2.3) The test vehicle shall then be operated over the applicable ex-
haust emission test. If monitoring is designed to run during the Unified
Cycle, a second Unified Cycle may be conducted prior to the exhaust
emission test.
(5.3) A manufacturer required to test more than one test vehicle (sec-
tion (h)(2.2)) may utilize internal calibration sign-off test procedures
(e.g., forced cool downs, less frequently calibrated emission analyzers,
etc.) instead of official exhaust emission test procedures to obtain the
emission test data required in section (h) for all but one of the required
test vehicles. The manufacturer may elect this option if the data from the
alternative test procedure are representative of official exhaust emission
test results. Manufacturers using this option are still responsible for meet-
ing the malfunction criteria specified in sections (e) and (0 when emis-
sion tests are performed in accordance with official exhaust emission test
procedures.
(5.4) For medium-duty vehicles certified to an engine dynamometer
exhaust emission standard, a manufacturer may request Executive Offi-
cer approval to utilize an alternate testing protocol for demonstration of
MIL illumination if the engine dynamometer emission test cycle does not
allow all of a monitor's enable conditions to be satisfied. A manufacturer
may request the use of an alternate engine dynamometer test cycle or the
use of chassis testing to demonstrate proper MIL illumination. In evaluat-
ing the manufacturer's request, the Executive Officer shall consider the
technical necessity for using an alternate test cycle and the degree to
which the alternate test cycle demonstrates that in-use operation with the
malfunctioning component will properly result in MIL illumination.
(6) Evaluation Protocol:
(6. 1) For all tests conducted under section (h), the MIL shall be illumi-
nated upon detection of the tested system or component malfunction be-
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§ 1968.2
fore the end of the first engine start portion of the exhaust emission test
(or before the hot start portion of the last Unified Cycle, if applicable) in
accordance with requirements of sections (e) and (f).
(6.2) For all tests conducted under section (h), manufacturers may use
Non-Methane Hydrocarbon (NMHC) emission results in lieu of Non-
Methane Organic Gas (NMOG) emission results for comparison to the
applicable standards or malfunction criteria (e.g., 1.5 times the FTP stan-
dards). If NMHC emission results are used in lieu of NMOG, the emis-
sion result shall be multiplied by 1.04 to generate an equivalent NMOG
result before comparison to the applicable standards.
(6.3) If the MIL illuminates prior to emissions exceeding the applica-
ble malfunction criteria specified in sections (e) and (f), no further dem-
onstration is required. With respect to the misfire monitor demonstration
test, if a manufacturer has elected to use the minimum misfire malfunc-
tion criteria of one percent as allowed in sections (e)(3.2.2)(A) and
(f)(3.2.2)(B), no further demonstration is required if the MIL illuminates
with misfire implanted at the malfunction criteria limit.
(6.4) If the MIL does not illuminate when the systems or components
are set at their limit(s), the criteria limit or the OBD II system is not ac-
ceptable.
(6.4.1) Except for testing of the catalyst (i.e., components monitored
under (e)(1), (f)(2) or (f)(8)) or PM filter system, if the MIL first illumi-
nates after emissions exceed the applicable malfunction criteria specified
in sections (e) and (f), the test vehicle shall be retested with the tested sys-
tem or component adjusted so that the MIL will illuminate before emis-
sions exceed the applicable malfunction criteria specified in sections (e)
and (f). If the component cannot be adjusted to meet this criterion because
a default fuel or emission control strategy is used when a malfunction is
detected (e.g., open loop fuel control used after an 02 sensor malfunction
is determined, etc.), the test vehicle shall be retested with the component
adjusted to the worst acceptable limit (i.e., the applicable monitor indi-
cates the component is performing at or slightly better than the malfunc-
tion criteria). For the OBD II system to be approved, the MIL must not
illuminate during this test and the vehicle emissions must be below the
applicable malfunction criteria specified in sections (e) and (f).
(6.4.2) In testing the catalyst (i.e., components monitored under
(e)(1), (f)(2) or (f)(8)) or PM filter system, if the MIL first illuminates af-
ter emissions exceed the applicable emission threshold(s) specified in
sections (e) and (f), the tested vehicle shall be retested with a less deterio-
rated catalyst or PM filter system (i.e., more of the applicable engine out
pollutants are converted or trapped). For the OBD II system to be ap-
proved, testing shall be continued until either of the following conditions
are satisfied:
(A) The MIL is illuminated and emissions do not exceed the thresholds
specified in sections (e) and (f); or
(B) The manufacturer demonstrates that the MIL illuminates within
acceptable upper and lower limits of the threshold specified in sections
(e) and (f) for MIL illumination. The manufacturer shall demonstrate ac-
ceptable limits by continuing testing until the test results show:
(i) The MIL is illuminated and emissions exceed the thresholds speci-
fied in sections (e) and (f) by 25 percent or less of the applicable standard
(e.g., emissions are less than 2.0 times the applicable standard for a mal-
function criterion of 1.75 times the standard); and
(ii) The MIL is not illuminated and emissions are below the thresholds
specified in sections (e) and (f) by no more than 25 percent of the standard
(e.g., emissions are between 1.55 and 1.75 times the applicable standard
for a malfunction criterion of 1.75 times the standard).
(6.5) If an OBD II system is determined unacceptable by the above cri-
teria, the manufacturer may recalibrate and retest the system on the same
test vehicle. In such a case, the manufacturer must confirm, by retesting,
that all systems and components that were tested prior to recalibration
and are affected by the recalibration function properly under the OBD II
system as recalibrated.
(6.6) Where applicable for diesel vehicles, the emission test results
shall be adjusted as required under section (d)(6.2).
(7) Confirmatory Testing:
(7.1) The ARB may perform confirmatory testing to verify the emis-
sion test data submitted by the manufacturer under the requirements of
section (h) comply with the requirements of section (h) and the malfunc-
tion criteria identified in sections (e) and (f). This confirmatory testing
is limited to the vehicle configuration represented by the demonstration
vehicle(s). For purposes of section (h)(7), vehicle configuration shall
have the same meaning as the term used in 40 CFR 86.082-2.
(7.2) The ARB or its designee may install appropriately deteriorated
or malfunctioning components in an otherwise properly functioning test
vehicle of a test group represented by the demonstration test vehicle(s)
(or simulate a deteriorated or malfunctioning component) in order to test
any of the components or systems required to be tested in section (h).
Upon request by the Executive Officer, the manufacturer shall make
available a vehicle and all test equipment (e.g., malfunction simulators,
deteriorated components, etc.) necessary to duplicate the manufacturer's
testing. The Executive Officer shall make the request within six months
of reviewing and approving the demonstration test vehicle data sub-
mitted by the manufacturer for the specific test group.
(7.3) Vehicles with OBD II systems represented by the demonstration
vehicle(s) may be recalled for corrective action if a representative sample
of vehicles uniformly fails to meet the requirements of section (h).
(i) Certification Documentation
(1 ) When submitting an application for certification of a test group, the
manufacturer shall submit the following documentation. If any of the
items listed below are standardized for all of a manufacturer's test
groups, the manufacturer may, for each model year, submit one set of
documents covering the standardized items for all of its test groups.
(1.1) For the required documentation not standardized across all test
groups, the manufacturer may propose to the Executive Officer that doc-
umentation covering a specified combination of test groups be used.
These combinations shall be known as "OBD II groups". Executive Offi-
cer approval shall be granted for those groupings that include test groups
using the same OBD II strategies and similar calibrations. If approved by
the Executive Officer, the manufacturer may submit one set of documen-
tation from one or more representative test group(s) that are a part of the
OBD II group. The Executive Officer shall determine whether a selected
test group(s) is representative of the OBD II group as a whole. To be ap-
proved as representative, the test group(s) must possess the most strin-
gent emission standards and OBD II monitoring requirements and cover
all of the emission control devices within the OBD II group.
(1.2) With Executive Officer approval, one or more of the documenta-
tion requirements of section (i) may be waived or modified if the in-
formation required would be redundant or unnecessarily burdensome to
generate.
(1.3) To the extent possible, the certification documentation shall use
SAE J 1930 terms, abbreviations, and acronyms.
(2) The following information shall be submitted as "Part 1" of the cer-
tification application. Except as provided below for demonstration data,
the Executive Officer will not issue an Executive Order certifying the
covered vehicles without the information having been provided. The in-
formation must include:
(2.1) A description of the functional operation of the OBD II system
including a complete written description for each monitoring strategy
that outlines every step in the decision making process of the monitor. Al-
gorithms, diagrams, samples of data, and/or other graphical representa-
tions of the monitoring strategy shall be included where necessary to ade-
quately describe the information.
(2.2) A table, in the standardized format detailed in Attachment A of
ARB Mail-Out #95-20, May 22, 1995, incorporated by reference.
(2.2.1) The table must include the following information for each
monitored component or system (either computer-sensed or -con-
trolled) of the emission control system:
(A) corresponding fault code
(B) monitoring method or procedure for malfunction detection
(C) primary malfunction detection parameter and its type of output
signal
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§ 1968.2
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(D) fault criteria limits used to evaluate output signal of primary pa-
rameter
(E) other monitored secondary parameters and conditions (in engi-
neering units) necessary for malfunction detection
(F) monitoring time length and frequency of checks
(G) criteria for storing fault code
(H) criteria for illuminating malfunction indicator light
(1) criteria used for determining out of range values and input compo-
nent rationality checks
(2.2.2) Wherever possible, the table shall use the following engineer-
ing units:
(A) Degrees Celsius (°C) for all temperature criteria
(B) KiloPascals (KPa) for all pressure criteria related to manifold or
atmospheric pressure
(C) Grams (g) for all intake air mass criteria
(D) Pascals (Pa) for all pressure criteria related to evaporative system
vapor pressure
(E) Miles per hour (mph) for all vehicle speed criteria
(F) Relative percent (%) for all relative throttle position criteria (as de-
fined in SAE J 1979)
(G) Voltage (V) for all absolute throttle position criteria (as defined in
SAE Jl 979)
(H) Per crankshaft revolution (/rev) for all changes per ignition event
based criteria (e.g., g/rev instead of g/stroke or g/firing)
(I) Per second (/sec) for all changes per time based criteria (e.g., g/sec)
(J) Percent of nominal tank volume (%) for all fuel tank level criteria
(2.3) A logic flowchart describing the step by step evaluation of the
enable criteria and malfunction criteria for each monitored emission-re-
lated component or system.
(2.4) Emission test data, a description of the testing sequence (e.g., the
number and types of preconditioning cycles), approximate time (in se-
conds) of MIL illumination during the test, fault code(s) and freeze frame
information stored at the time of detection, corresponding SAE J1979
test results (e.g. Mode/Service $06) stored during the test, and a descrip-
tion of the modified or deteriorated components used for fault simulation
with respect to the demonstration tests specified in section (h). The
Executive Officer may approve conditional certification of a test group
prior to the submittal of this data for ARB review and approval. Factors
to be considered by the Executive Officer in approving the late submis-
sion of information identified in section (i)(2.4) shall include the reason
for the delay in the data collection, the length of time until data will be
available, and the demonstrated previous success of the manufacturer in
submitting the data prior to certification.
(2.5) For gasoline vehicles, data supporting the misfire monitor, in-
cluding:
(2.5.1) The established percentage of misfire that can be tolerated
without damaging the catalyst over the full range of engine speed and
load conditions.
(2.5.2) Data demonstrating the probability of detection of misfire
events of the misfire monitoring system over the full engine speed and
load operating range for the following misfire patterns: random cylinders
misfiring at the malfunction criteria established in section (e)(3.2.2), one
cylinder continuously misfiring, and paired cylinders continuously mis-
firing.
(2.5.3) Data identifying all disablement of misfire monitoring that oc-
curs during the FTP and US06 cycles. For every disablement that occurs
during the cycles, the data should identify: when the disablement oc-
curred relative to the driver's trace, the number of engine revolutions that
each disablement was present for, and which disable condition docu-
mented in the certification application caused the disablement. The data
shall be submitted in the standardized format detailed in Attachment A:
Misfire Disablement and Detection Chart of ARB Mail-Out #06-23, De-
cember 21, 2006, incorporated by reference.
(2.5.4) Manufacturers are not required to use the durability demonstra-
tion vehicle to collect the misfire data for sections (i)(2.5.1) though
(2.5.3).
(2.6) Data supporting the li mit for the ti me between engine starting and
attaining the designated heating temperature for after-start heated cata-
lyst systems.
(2.7) Fordiesel vehicle monitors in section (f) that are required to indi-
cate a malfunction before emissions exceed an emission threshold based
on any applicable standard (e.g., 1.5 times any of the applicable stan-
dards), the test cycle and standard determined by the manufacturer to be
the most strinsent for each applicable monitor in accordance with section
(d)(6.1)
(2.8) A listing of all electronic powertrain input and output signals (in-
cluding those not monitored by the OBD II system) that identifies which
signals are monitored by the OBD II system.
(2.9) A written description of all parameters and conditions necessary
to begin closed loop operation.
(2.10) A summary table identifying every test group and each of the
OBD II phase-in requirements that apply to each test group.
(2.1 1) A written identification of the communication protocol utilized
by each test group for communication with an SAE JI978 scan tool.
(2.12) A pictorial representation or written description of the diagnos-
tic connector location including any covers or labels.
(2.13) A written description of the method used by the manufacturer
to meet the requirements of sections (e)(9) and (f)(10) for PCV and CV
system monitoring including diagrams or pictures of valve and/or hose
connections.
(2.14) A cover letter identifying all concerns and deficiencies applica-
ble to the equi valent previous model year test group and the changes and/
or resolution of each concern or deficiency for the current model year test
group.
(2. 15) For diesel engine vehicles, a written description of each AECD
utilized by the manufacturer including the identification of each EI-
AECD relative to the data required to be tracked and reported in the stan-
dardized format specified in section (g)(6) (e.g., EI-AECD #1 is "engine
overheat protection as determined by coolant temperature greater
than..."), the sensor signals and/or calculated values used to invoke each
AECD, the engineering data and/or analysis demonstrating the need for
such an AECD, the actions taken when each AECD is activated, the ex-
pected in-use frequency of operation of each AECD, and the expected
emission impact from each AECD activation.
(2.16) A checklist of all the malfunction criteria in sections (e) or (f)
and the corresponding diagnostic noted by fault code for each malfunc-
tion criterion. The formats of the checklists are detailed in Attachments
F and G of ARB Mail-Out #MSC 06-23, December 21, 2006, incorpo-
rated by reference.
(2.17) Any other information determined by the Executive Officer to
be necessary to demonstrate compliance with the requirements of this
regulation.
(3) "Part 2". The following information shall be submitted by January
1st of the applicable model year:
(3. 1 ) A listing and block diagram of the input parameters used to calcu-
late or determine calculated load values and the input parameters used to
calculate or determine fuel trim values.
(3.2) A scale drawing of the MIL and the fuel cap indicator light, if
present, which specifies location in the instrument panel, wording, color,
and intensity.
(4) "Part 3". The following information shall be submitted upon re-
quest of the Executive Officer:
(4.1) Data supporting the criteria used to detect a malfunction when
catalyst deterioration causes emissions to exceed the applicable malfunc-
tion criteria specified in sections (e) and (f).
(4.2) Data supporting the criteria used to detect evaporative system
leaks.
(4.3) Any other information determined by the Executive Officer to be
necessary to demonstrate compliance with the requirements of this regu-
lation.
(j) Production Vehicle Evaluation Testing.
(1) Verification of Standardized Requirements.
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Title 13
Air Resources Board
§ 1968.2
(1.1.) Requirement: For 2005 and subsequent model year vehicles,
manufacturers shall perform testing to verify that all vehicles meet the
requirements of section (g)(3) and (g)(4) relevant to proper communica-
tion of required emission-related messages to an SAE J 1978 scan tool.
(1 .2) Selection of Test Vehicles: Manufacturers shall perform this test-
ing every model year on one production vehicle from every unique cal-
ibration within two months of the start of normal production for that cal-
ibration. Manufacturers may request Executive Officer approval to
group multiple calibrations together and test one representative calibra-
tion per group. The Executive Officer shall approve the request upon
finding that the software designed to comply with the standardization re-
quirements of section (g) in the representative calibration vehicle is iden-
tical (e.g., communication protocol message timing, number of sup-
ported data stream parameters, etc.) to all others in the group and that any
differences in the calibrations are not relevant with respect to meeting the
criteria in section (j)(1.4).
(1.3) Test Equipment: For the testing required in section (j)(l),
manufacturers shall utilize an off-board device to conduct the testing.
Prior to conducting testing, manufacturers are required to request and re-
ceive Executive Officer approval of the off-board device that the
manufacturer will use to perform the testing. The Executive Officer shall
approve the request upon determining that the manufacturer has sub-
mitted data, specifications, and/or engineering analysis that demonstrate
that the off-board device meets the minimum requirements to conduct
testing according to SAE J 1699-3 using the software developed and
maintained for the SAE J1699-3 committee and available through
www.sourceforge.net and SAE J2534 compliant hardware configured
specifically for SAE J 1699-3 testing.
(1.4) Required Testing (i.e., "static" testing portion of SAE J1699-3):
(1.4.1) The testing shall verify that the vehicle can properly establish
communications between all emission-related on-board computers and
any SAE J1978 scan tool designed to adhere strictly to the communica-
tion protocols allowed in section (g)(3);
(1.4.2) The testing shall further verify that the vehicle can properly
communicate to any SAE J 1978 scan tool:
(A) The current readiness status from all on-board computers required
to support readiness status in accordance with SAE J 1979 and section
(g)(4.1 ) while the engine is running;
(B) The MIL command status while the MIL is commanded off and
while the MIL is commanded on in accordance with SAE J 1979 and sec-
tion (g)(4.2) while the engine is running, and in accordance with SAE
J 1 979 and sections (d)(2. 1 .2) during the MIL functional check and, if ap-
plicable, (g)(4.1.3) during the MIL readiness status check while the en-
gine is off;
(C) AH data stream parameters required in section (g)(4.2) in accor-
dance with SAE J 1979 including the identification of each data stream
parameter as supported in SAE J1979 (e.g., Mode/Service $01 , PID $00);
(D) The CAL ID, CVN, and VIN (if applicable) in accordance with
SAE J1979 and sections (g)(4.6) through (4.8);
(E) An emission-related fault code (permanent, confirmed, and pend-
ing) in accordance with SAE J1979 (including correctly indicating the
number of stored fault codes (e.g., Mode/Service $0 1 , PID $01 , Data A))
and section (g)(4.4);
(1.4.3) The testing shall also verify that the vehicle can properly re-
spond to any SAE J 1 978 scan tool request to clear emission-related fault
codes and reset readiness status.
(1.5) Reporting of Results:
(1.5.1) The manufacturer shall notify the Executive Officer within one
month of identifying any vehicle that does not meet the requirements of
section (j)(1.4). The manufacturer shall submit a written report of the
problem(s) identified and propose corrective action (if any) to remedy
the problem(s) to the Executive Officer for approval. Factors to be con-
sidered by the Executive Officer in approving the proposed corrective ac-
tion shall include the severity of the problem(s), the ability of the vehicle
to be tested in an I/M program, the ability of service technicians to access
the required diagnostic information, the impact on equipment and tool
manufacturers, and the amount of time prior to implementation of the
proposed corrective action.
(1 .5.2) Within three months of any passing testing conducted pursuant
to section (j)(l ), a manufacturer shall submit a report of the results to the
Executive Officer for review.
(1.5.3) In accordance with section (k)(6), manufacturers may request
Executive Officer approval for a retroactive deficiency to be granted for
items identified during this testing.
(2) Verification of Monitoring Requirements.
(2.1) For 2004 and subsequent model year vehicles, within the first six
months after normal production begins, manufacturers shall conduct a
complete evaluation of the OBD II system of one or more production ve-
hicles (test vehicles) and submit the results of the evaluation to the
Executive Officer.
(2.2) Selection of test vehicles:
(2.2. 1 ) Prior to submitting any applications for certification for a mod-
el year, a manufacturer shall notify the Executive Officer of the test
groups planned for that model year. The Executive Officer will then se-
lect the test group(s), in accordance with sections (j)(2.2.2) and (j)(2.2.3)
below, that the manufacturer shall use as test vehicles to provide evalua-
tion test results. This selection process may take place during durability
demonstration test vehicle selection specified in section (h).
(2.2.2) A manufacturer shall evaluate one production vehicle per test
group selected for monitoring system demonstration in section (h).
(2.2.3) In addition to the vehicles selected in section (j)(2.2.2) above,
a manufacturer shall evaluate vehicles chosen from test groups that are
not selected for monitoring system demonstration testing under section
(h). The number of additional vehicles to be tested shall be equal to the
number of vehicles selected for monitoring system demonstration in sec-
tion (h).
(2.2.4) The Executive Officer may waive the requirements for submit-
tal of evaluation results from one or more of the test groups if data has
been previously submitted for all of the test groups.
(2.3) Evaluation requirements:
(2.3.1) The evaluation shall demonstrate the ability of the OBD II sys-
tem on the selected production vehicle to detect a malfunction, illuminate
the MIL, and store a confirmed fault code when a malfunction is present
and the monitoring conditions have been satisfied for each individual
diagnostic required by title 13, CCR section 1968.2.
(2.3.2) The evaluation shall verify that malfunctions detected by non-
MIL illuminating diagnostics of components used to enable any other
OBD II system diagnostic (e.g., fuel level sensor) will not inhibit the abil-
ity of other OBD II system diagnostics to properly detect malfunctions.
(2.3.3) On vehicles so equipped, the evaluation shall verify that the
software used to track the numerator and denominator for purposes of de-
termining in-use monitoring frequency correctly increments as required
in section (d)(4) (i.e., the "dynamic" testing portion of SAE J 1699-3).
(2.3.4) Malfunctions may be mechanically implanted or electronically
simulated but internal on-board computer hardware or software changes
may not be used to simulate malfunctions. Emission testing to confirm
that the malfunction is detected before the appropriate emission stan-
dards are exceeded is not required.
(2.3.5) Manufacturers shall submit a proposed test plan for Executive
Officer approval prior to evaluation testing being performed. The test
plan shall identify the method used to induce a malfunction in each diag-
nostic. If the Executive Officer determines that the requirements of sec-
tion (j)(2) are satisfied, the proposed test plan shall be approved.
(2.3.6) Subject to Executive Officer approval, manufacturers may
omit demonstration of specific diagnostics. The Executive Officer shall
approve a manufacturer's request if the demonstration cannot be reason-
ably performed without causing physical damage to the vehicle (e.g., on-
board computer internal circuit faults).
(2.3.7) For evaluation of test vehicles selected in accordance with sec-
tion (j)(2.2.2), manufacturers are not required to demonstrate diagnostics
that were previously demonstrated prior to certification as required in
section (h).
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(2.4) Manufacturers shall submit a report of the results of all testing
conducted pursuant to section (j)(2) to the Executive Officer for review.
This report shall identify the method used to induce a malfunction in each
diagnostic, the MIL illumination status, and the confirmed fault code(s)
stored.
(2.5) In accordance with section (k)(6), manufacturers may request
Executive Officer approval for a retroactive deficiency to be granted for
items identified during this testing.
(3) Verification and Reporting of In-use Monitoring Performance.
(3.1) Manufacturers are required to collect and report in-use monitor-
ing performance data representative of every test group certified by the
manufacturer and equipped with in-use monitoring performance track-
ing software in accordance with section (d)(4) to the ARB within twelve
months from either the time vehicles in the test group were first
introduced into commerce or the start of normal production for such ve-
hicles, whichever is later. The manufacturer may propose to the Execu-
tive Officer that multiple test groups be combined to collect representa-
tive data. Executive Officer approval shall be granted upon determining
that the proposed groupings include test groups using the same OBD II
strategies and similar calibrations and that are expected to have similar
in-use monitoring performance. If approved by the Executive Officer,
the manufacturer may submit one set of data for each of the approved
groupings.
(3.2) For each test group or combination of test groups, the data must
include all of the in-use performance tracking data reported through SAE
J1979 (i.e., all numerators, denominators, and the ignition cycle counter),
the date the data was collected, the odometer reading, the vehicle VIN,
and the ECM software calibration identification number and be in the
standardized format detailed in Attachment D: Rate Based Data of ARB
Mail-Out #06-23, December 21, 2006, incorporated by reference.
(3.3) Manufacturers shall submit a plan to the Executive Officer for
review and approval of the sampling method, number of vehicles to be
sampled, time line to collect the data, and reporting format. The Execu-
tive Officer shall approve the plan upon determining that it provides for
effective collection of data from a representative sample of vehicles that,
at a minimum, is fifteen vehicles, will likely result in the collection and
submittal of data within the required twelve month time frame, will gen-
erate data that are representative of California drivers and temperatures,
and does not, by design, exclude or include specific vehicles in an attempt
to collect data only from vehicles with the highest in-use performance
ratios.
(3.2) For each test group or combination of test groups, the data must
include all of the in-use performance tracking data reported through SAE
J 1979 (i.e., all numerators, denominators, and the ignition cycle counter),
the date the data was collected, the odometer reading, the vehicle VIN,
and the ECM software calibration identification number and be in the
standardized format detailed in Attachment D: Rate Based Data of ARB
Mail-Out #06-23, December 21, 2006, incorporated by reference.
(3.3) Manufacturers shall submit a plan to the Executive Officer for
review and approval of the sampling method, number of vehicles to be
sampled, time line to collect the data, and reporting format. The Execu-
tive Officer shall approve the plan upon determining that it provides for
effective collection of data from a representative sample of vehicles that,
at a minimum, is fifteen vehicles, will likely result in the collection and
submittal of data within the required twelve month time frame, will gen-
erate data that are representative of California drivers and temperatures,
and does not, by design, exclude or include specific vehicles in an attempt
to collect data only from vehicles with the highest in-use performance
ratios.
(3.4) Upon request of the manufacturer, the Executive Officer may re-
duce the minimum sample size of fifteen vehicles set forth in section
(j)(3.3) for test groups with low sales volume. In granting approval of a
sampling plan with a reduced minimum sample size, the Executive Offi-
cer shall consider, among other things, information submitted by the
manufacturer to justify the smaller sample size, sales volume of the test
group(s), and the sampling mechanism utilized by the manufacturer to
procure vehicles. In lieu of defining a fixed minimum sample size for low
sales volume test groups, sampling plans approved for collection of data
on higher sales volume test groups under section (j)(3.3) shall also be ap-
proved by the Executive Officer for low sales test groups if they use the
identical sampling mechanism to procure vehicles from the low sales
volume test groups,
(k) Deficiencies.
(1) For 2004 and subsequent model year vehicles, the Executive Offi-
cer, upon receipt of an application from the manufacturer, may certify ve-
hicles even though said vehicles may not comply with one or more of the
requirements of title 13, CCR section 1968.2. In granting the certifica-
tion, the Executive Officer shall consider the following factors: the extent
to which the requirements of section 1968.2 are satisfied overall based
on a review of the vehicle applications in question, the relative perfor-
mance of the resultant OBD II system compared to systems fully com-
pliant with the requirements of title 13, CCR section 1968.2, and a dem-
onstrated good-faith effort on the part of the manufacturer to: (1) meet
the requirements in full by evaluating and considering the best available
monitoring technology; and (2) come into compliance as expeditiously
as possible. The Executive Officer may not grant certification to a vehicle
in which the reported noncompliance for which a deficiency is sought
would be subject to ordered recall pursuant to section 1968.5 (c)(3)(A).
(2) Manufacturers of non-complying systems are subject to fines pur-
suant to section 43016 of the California Health and Safety Code. Except
as allowed in section (k)(7) for light-duty diesel vehicles, the specified
fines apply to the third and subsequently identified deficiencies, with the
exception that fines shall apply to all monitoring system deficiencies
wherein a required monitoring strategy is completely absent from the
OBD system.
(3) The fines are in the amount of $50 per deficiency per vehicle for
non-compliance with any of the monitoring requirements specified in
sections (e)(1) through (e)(8), (e)(ll), (e)(13)(e)(14), (e)(16), (f)(1)
through (f)(9), (f)(13), and (f)(16) and $25 per deficiency per vehicle for
non-compliance with any other requirement of section 1 968.2. In deter-
mining the identified order of deficiencies, deficiencies subject to a $50
fine are identified first. Total fines per vehicle under section (k) may not
exceed $500 per vehicle and are payable to the State Treasurer for deposit
in the Air Pollution Control Fund.
(4) Manufacturers must re-apply for Executive Officer approval of a
deficiency each model year. In considering the request to carry-over a
deficiency, the Executive Officer shall consider the factors identified in
section (k)(l) including the manufacturer's progress towards correcting
the deficiency. The Executive Officer may not allow manufacturers to
carry over monitoring system deficiencies for more than two model years
unless it can be demonstrated that substantial vehicle hardware modifica-
tions and additional lead time beyond two years would be necessary to
correct the deficiency, in which case the Executive Officer shall allow the
deficiency to be carried over for three model years.
(5) Except as allowed in section (k)(6), deficiencies may not be retro-
actively granted after certification.
(6) Request for retroactive deficiencies
(6. 1 ) Manufacturers may request that the Executive Officer grant a de-
ficiency and amend a vehicle's certification to conform to the granting
of the deficiencies during the first 6 months after commencement of nor-
mal production for each aspect of the monitoring system: (a) identified
by the manufacturer (during testing required by section (j)(2) or any other
testing) to be functioning different than the certified system or otherwise
not meeting the requirements of any aspect of section 1968.2; and (b) re-
ported to the Executive Officer. If the Executive Officer grants the defi-
ciencies and amended certification, their approval would be retroactive
to the start of production.
(6.2) Executive Officer approval of the request for a retroactive defi-
ciency shall be granted provided that the conditions necessary for a pre-
certification deficiency determination are satisfied (see section (k)(l))
and the manufacturer could not have reasonably anticipated the identi-
fied problem before commencement of production.
Page236.20(z)(10)(l)
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Title 13
Air Resources Board
§ 1968.5
(6.3) In granting the amended certification, the Executive Officer shall
include any approved post-production deficiencies together with all pre-
viously approved deficiencies in computing fines in accordance with sec-
tion (k)(2).
(7) For 2007 through 2009 model year light-duty and 2007 through
2012 model year medium-duty diesel vehicles, in cases where one or
more of the deficiencies is for the aftertreatment monitoring require-
ments of sections (f)(l ), (2), (8), or (9) and the deficient monitor is prop-
erly able to detect all malfunctions prior to emissions exceeding twice the
required monitor threshold (e.g., before emissions exceed 10 times the
standard for NMHC if the threshold is 5.0 times the standard for NMHC),
the specified fines shall apply to the fourth and subsequently identified
deficiencies in lieu of the third and subsequently identified deficiencies.
If none of the deficiencies are for the requirements of sections (f)( 1 ), (2),
(8), or (9) or if the deficient aftertreatment monitor exceeds twice the re-
quired monitor threshold, the specified fines shall apply to the third and
subsequently identified deficiencies. In all cases, the exception that fines
shall apply to all monitoring system deficiencies wherein a required
monitoring strategy is completely absent from the OBD system still ap-
plies.
(8) Any OBD II system installed on a production vehicle that fails to
conform with the certified OBD II system for that vehicle or otherwise
fails to meet the requirements of section 1968.2 and has not been granted
a deficiency pursuant to the provisions of section (k)(l) through (k)(7)
are considered non-compliant. The vehicles are subject to enforcement
pursuant to applicable provisions of the Health and Safety Code and title
13, CCR section 1968.5.
lTJnless otherwise noted, all section references refer to section 1968.2 of title 13,
CCR.
2The requirements of section (g)(4.7) shall supercede the requirements set forth
in title 13, CCR section 1968.1(/)(4.0).
NOTE: Authority cited: Sections 39600, 39601, 43000.5, 43013, 43018, 43100,
43101, 43104, 43105, 43105.5 and 43106, Health and Safety Code. Reference:
Sections 39002, 39003, 39010, 3901 8, 39021 .5, 39024, 39024.5, 39027, 39027.3,
39028, 39029, 39031, 39032, 39032.5, 39033, 39035, 39037.05, 39037.5, 39038,
39039, 39040, 39042, 39042.5, 39046, 39047, 39053, 39054, 39058, 39059,
39060, 39515, 39600-39601, 43000, 43000.5, 43004, 43006, 43013, 43016,
43018, 43100, 43101, 43102, 43104, 43105, 43105.5, 43106, 43150, 43151,
43152, 43153, 43154, 43155, 43156, 43204, 4321 1 and 43212, Health and Safety
Code.
History
1. New section filed 4-21-2003; operative 4-21-2003 pursuant to Government
Code section 1 1343.4 (Register 2003, No. 17).
2. Amendment filed 11-9-2007; operative 11-9-2007 pursuant to Government
Code section 1 1343.4 (Register 2007, No. 45).
§ 1968.5. Enforcement of Malfunction and Diagnostic
System Requirements for 2004 and
Subsequent Model-Year Passenger Cars,
Light-Duty Trucks, and Medium-Duty Vehicles
and Engines.
(a) General
(1) Applicability.
(A) These procedures shall be used to assure compliance with the re-
quirements of title 13, California Code of Regulations (CCR) section
1 968.2 for all 2004 and subsequent model year passenger cars, light-duty
trucks, medium-duty vehicles, and engines certified on an engine dy-
namometer for use in medium-duty vehicles (the classifications of which
shall jointly be referred to for purposes of this regulation as vehicles)
equipped with OBD II systems that have been certified for sale in Califor-
nia.
(B) Vehicles manufactured prior to the 2004 model year are covered
by the general enforcement and penalty provisions of the Health and
Safety Code, and the specific provisions of title 13, CCR sections 1968.1
and 2111 through 2149.
(2) Purpose.
The purpose of this section is to establish the enforcement protocol
that shall be used by the ARB to assure that vehicles certified for sale in
California are equipped with OBD II systems that properly function and
meet the purposes and requirements of title 13, CCR section 1968.2.
(3) Definitions.
The definitions applicable to these rules include those set forth in
Health and Safety Code section 39010 et seq. and in title 13, CCR sec-
tions 1 900(b) and 1 968.2(c), which are incorporated by reference herein.
The following definitions are specifically applicable to section 1968.5
and take precedence over any contrary definitions.
"Days", when computing any period of time, unless otherwise noted,
means normal working days that a manufacturer is open for business.
"Executive Officer" means the Executive Officer of the Air Resources
Board or his or her authorized representative.
"Influenced OBD H-Related Recall" means an inspection, repair, ad-
justment, or modification program initiated and conducted by a manufac-
turer as a result of enforcement testing conducted by the ARB or any oth-
er information for the purpose of correcting any nonconforming OBD II
system for which direct notification of vehicle owners is necessary.
"Major Monitor" means those monitors covered by the requirements
set forth in title 13, CCR sections 1968.2(e)(1.0) through (e)(8.0),
(e)(11.0) through (e)(14.0), (e)(16.0), (f)(1.0) through (f)(9), (0(12),
(0(13), and (f)(16).
"Motor Vehicle Class " means a group or set of vehicles subject to en-
forcement testing that have been determined by the Executive Officer to
share common or similar hardware, software, OBD II monitoring strate-
gy, or emission control strategy.
"Motor Vehicle Manufacturer" means the manufacturer granted certi-
fication to sell motor vehicles in the State of California.
"Nonconforming OBD II System " means an OBD II system on a pro-
duction vehicle that has been determined not to comply with the require-
ments of title 13, CCR section 1968.2. For purposes of section 1968.5,
a motor vehicle class shall be considered nonconforming irrespective of
whether vehicles in the motor vehicle class, on average, meet applicable
tailpipe or evaporative emission standards.
"OBD II Emission Testing " refers to testing conducted to determine
compliance with the malfunction criteria in title 13, CCR sections
1968.2(e) and (0 that are based on a multiple of, or an additive to, a tail-
pipe emission standard or an absolute measurement from an applicable
emission test cycle (e.g., 1.5 times the applicable FTP emission stan-
dards, PM standard plus 0.02 g/bhp-hr, PM level of 0.03 g/bhp-hr as
measured from an applicable emission test cycle).
"OBD II Ratio Testing " refers to testing conducted to determine com-
pliance with the required in-use monitor performance ratio in title 13,
CCR section 1968.2(d)(3.2.1).
"Ordered OBD H-Related Recall" means an inspection, repair, ad-
justment, or modification program required by the ARB to be conducted
by the manufacturer to correct any nonconforming OBD II system for
which direct notification of vehicle owners is necessary.
"Quarterly Reports" refer to the following calendar periods: January
1 - March 31 ; April 1 - June 30; July 1 - September 30; October 1 - De-
cember 3 1 .
"Test Sample Group " means agroup of production vehicles in a desig-
nated motor vehicle class that are equipped with OBD II systems and are
selected and tested as part of the ARB enforcement testing program set
forth in section (b).
"Voluntary OBD H-Related Recall" means an inspection, repair, ad-
justment, or modification program voluntarily initiated and conducted by
a manufacturer to correct any nonconforming OBD II system for which
direct notification of vehicle owners is necessary.
(b) Testing Procedures
(1) Purpose.
To assure that OBD II systems on production motor vehicles comply
with the requirements of title 13, CCR section 1968.2, the ARB may peri-
odically evaluate vehicles from a motor vehicle class.
(2) Preliminary Testing and Evaluation.
(A) As part of his or her evaluation of vehicles to determine com-
pliance with the requirements of title 13, CCR section 1968.2, the Execu-
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§ 1968.5
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
tive Officer may routinely conduct testing on any production vehicles
that have been certified for sale in California.
(B) Based upon such testing or any other information, including data
from California or other State Inspection and Maintenance (I/M) stations,
warranty information reports, and field information reports, the Execu-
tive Officer may conduct enforcement testing pursuant to sections (b)(3)
through (5) below.
(3) Vehicle Selection for Enforcement Testing.
(A) Determining the Motor Vehicle Class.
(i) Upon deciding to conduct enforcement testing, the Executive Offi-
cer shall determine the motor vehicle class to be tested. In determining
the scope of the motor vehicle class to be tested, the Executive Officer
shall consider the similarities and differences in the OBD II systems of
potentially affected vehicles. Among other things, the Executive Officer
shall consider whether vehicles share similar computer hardware and
software, calibrations, or OBD II monitoring and emission control strate-
gies.
(ii) The default motor vehicle class is the test group or OBD II group
used by the manufacturer to certify the vehicles to be tested. However,
upon concluding that a subgroup of vehicles differs from other vehicles
in the identified test group or OBD II group and that a reasonable basis
exists to believe that the differences may directly impact the type of test-
ing that will be performed, the Executive Officer may determine that a
subgroup of the test group or OBD II group is the appropriate motor ve-
hicle class for testing.
(iii) Similarly, upon concluding that vehicles from several OBD II
groups (which may include OBD II groups from different model years)
share such common characteristics that a reasonable basis exists to be-
lieve that results of enforcement testing may be applicable to a motor ve-
hicle class larger than a specific test group or OBD II group, the Execu-
tive Officer may determine that the appropriate motor vehicle class
includes more than one test group or OBD II group.
(iv) Except for testing to determine if an OBD II system has been de-
signed to deactivate based on age and/or mileage (title 13, CCR section
1968.2 (d)(1.3)), the Executive Officer may not conduct testing of a mo-
tor vehicle class whose vehicles, on average, exceed the defined full use-
ful life of the motor vehicle class. For purposes of the determination of
this average, the Executive Officer shall use the accrual rates appropriate
for vehicles in the motor vehicle class as defined in EMFAC2000 "Public
Meeting to Consider Approval of Revisions to the State's On-Road Mo-
tor Vehicle Emissions Inventory. Technical Support Document, Section
7.1, 'Estimation of Average Mileage Accrual Rates from Smog Check
Data,'" May 2000, incorporated by reference.
(B) Size of Test Sample Group. After determining the motor vehicle
class to be tested, the Executive Officer shall determine the appropriate
number of vehicles to include in the test sample group for enforcement
testing in accordance with the following guidelines:
(i) For OBD II emission testing, the Executive Officer shall follow the
provisions of title 13, CCR section 2137 regarding test sample size. In
accordance with section 2137, the Executive Officer shall test 10 ve-
hicles that have been procured following the protocol of section (b)(3)(C)
below and meet the selection criteria of section (b)(3)(D)(i) below to de-
termine the emissions characteristics of the motor vehicle class being
tested.
(ii) For OBD II ratio testing, the Executive Officer shall collect data
from a test sample group of 30 vehicles that have been procured follow-
ing the protocol of section (b)(3)(C) below and meet the selection criteria
of section (b)(3)(D)(ii) below to determine the in-use OBD II monitoring
performance of the motor vehicle class being tested.
(iii) In determining compliance with any other requirements of title 13,
CCR section 1968.2 (e.g., diagnostic connector location, communication
protocol standards, MIL illumination protocol, evaporative system diag-
nostics, etc.), the Executive Officer shall determine, on a case by case ba-
sis, the number of vehicles meeting the selection criteria of section
(b)(3)(D)(iii) needed to assure that the results of such testing may be rea-
sonably inferred to the motor vehicle class. The Executive Officer's de-
termination shall be based upon the nature of the noncompliance and the
scope of the motor vehicle class. The test sample group could be as few
as two test vehicles.
(C) Protocol for Procuring Vehicles for Test Sample Group.
(i) For OBD II emission and ratio testing, the Executive Officer shall
procure vehicles consistent with the procurement process followed by
the Executive Officer under title 13, CCR section 2137 (e.g., obtaining
lists of all vehicles in the motor vehicle class within a specified geograph-
ical area, mailing postcards soliciting participation of vehicles within the
specified area, selecting vehicles from those that responded to the soli-
citation, inspecting selected vehicles to determine whether appropriate
to include in sample group, etc.). In selecting vehicles for OBD II emis-
sion testing, the Executive Officer shall include only vehicles meeting
the criteria set forth in section (b)(3)(D)(i) below. For OBD II ratio test-
ing, the Executive Officer shall include only vehicles meeting the criteria
set forth in section (b)(3)(D)(ii) below.
(ii) For all other testing, the Executive Officer shall, on a case by case
basis, determine the appropriate manner for procuring vehicles. In mak-
ing his or her determination, the Executive Officer shall consider the na-
ture of the noncompliance and the scope of the motor vehicle class. If the
Executive Officer concludes that a reasonable basis exists to believe that
a vehicle operator's driving or maintenance habits would not substantial-
ly impact test results to determine noncompliance, he or she may procure
vehicle(s) by any means that assures effective collection and testing of
vehicles (e.g., rental car agencies, fleet vehicles, etc.). In all cases, how-
ever, the selection process must ensure proper selection of vehicles in ac-
cord with section (b)(3)(D)(iii) below.
(D) Vehicles to be included in a Test Sample Group.
(i) In selecting vehicles to be included in a test sample group for en-
forcement OBD II emission testing, the Executive Officer shall include
only vehicles that:
a. Are certified to the requirements of title 13, CCR section 1968.2 and
California exhaust emission standards.
b. Are registered for operation in California.
c. Have mileage that is equal to or less than 75 percent of the certified
full useful life mileage and have an age of less than the certified full use-
ful life age for the subject vehicles.
d. Have not been tampered with or equipped with add-on or modified
parts that would cause the OBD II system not to comply with the require-
ments of title 13, CCR section 1968.2 or would have a permanent effect
on exhaust emission performance.
e. Have not been subjected to abuse (e.g., racing, overloading, mis-
fueling) neglect, improper maintenance, or other factors that would cause
the OBD II system not to comply with the requirements of title 13, CCR
section 1968.2 or would have a permanent effect on exhaust emission
performance.
f. Have no detected or known malfunction(s) that would affect the per-
formance of the OBD II system and are unrelated to the monitor or system
being evaluated. At its discretion, the ARB may elect to repair a vehicle
with a detected or known malfunction and then include the vehicle in the
test sample group.
g. Have had no major repair to the engine or major repair of the vehicle
resulting from a collision.
h. Have no problem that might jeopardize the safety of laboratory per-
sonnel.
(ii) In selecting vehicles to be included in a test sample group for en-
forcement OBD II ratio testing, the Executive Officer shall include only
vehicles that:
a. Are certified to the requirements of title 13, CCR section 1968.2.
b. Have collected sufficient vehicle operation data for the monitor to
be tested. For monitors required to meet the in-use monitor performance
ratio and to track and report ratio data pursuant to title 13, CCR section
1968.2(d)(3.2), sufficient vehicle operation data shall mean the denomi-
nator meets the criteria set forth in sections (b)(3)(D)(ii)l. through 3. be-
low. For monitors required to meet the in-use monitor performance ratio
but not required to track and report ratio data pursuant to title 13, CCR
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Title 13
Air Resources Board
§ 1968.5
section 1968.2(d)(3.2), sufficient vehicle operation data shall mean that
vehicles that have a denominator that meets the criteria set forth in sec-
tions (b)(3)(D)(ii) 1 . through 3. below after undergoing testing as set forth
in section (b)(4)(C)(ii) below. Specifically, the denominator, as defined
in title 13, CCR section 1968.2(d)(4.3), for the monitor to be tested must
have a value equal to or greater than:
1. 150 for evaporative system monitors, secondary air system moni-
tors, and monitors utilizing a denominator incremented in accordance
with title 13, CCR sections 1968.2(d)(4.3.2)(E) or (F) (e.g., cold start
monitors, air conditioning system monitors, etc.), or
2. 50 for PM filter monitors and oxidation catalyst monitors utilizing
a denominator incremented in accordance with title 13, CCR section
1968.2(d)(4.3.2)(G), or
3. 300 for catalyst, oxygen sensor, EGR, VVT, and all other compo-
nent monitors.
c. Have not been tampered with or equipped with add-on or modified
parts that would cause the OBD 11 system not to comply with the require-
ments of title 13, CCR section 1968.2.
d. Have mileage and age that are less than or equal to the certified full
useful life mileage and age for the subject vehicles.
(iii) In selecting vehicles to be included in a test sample group for en-
forcement testing of any other requirement of title 13, CCR section
1968.2 (not covered by sections (b)(3)(D)(i) or (ii) above), the Executive
Officer shall include only vehicles that:
a. Are certified to the requirements of title 13, CCR section 1968.2.
b. Have not been tampered with or equipped with add-on or modified
parts that would cause the OBD II system not to comply with the require-
ments of title 13, CCR section 1968.2.
c. Have no detected or known malfunction(s) that would affect the per-
formance of the OBD II system and are unrelated to the monitor or system
being evaluated. At its discretion, the ARB may elect to repair a vehicle
with a detected or known malfunction and then include the vehicle in the
test sample group.
d. Have mileage and age that are less than or equal to the certified full
useful life mileage and age for the subject vehicles.
(iv) If the Executive Officer discovers, by either evidence presented
by the manufacturer as provided in section (b)(7) or on his or her own,
that a vehicle fails to meet one or more of the applicable criteria of section
(b)(3)(D)(i) through (iii), the Executive Officer shall remove the vehicle
from the test sample group. The Executive Officer may replace any ve-
hicle removed with an additional vehicle selected in accordance with sec-
tions (b)(3)(C) and (D) above. Test results relying on data from the re-
moved vehicle shall be recalculated without using the data from the
removed vehicle.
(4) Enforcement Testing Procedures.
(A) Prior to conducting any testing under section (b)(4), the Executive
Officer may replace components monitored by the OBD II system with
components that are sufficiently deteriorated or simulated to cause mal-
functions that exceed the malfunction criteria established pursuant to title
13, CCR sections 1968.2(e) and (f) in a properly operating system. The
Executive Officer may not use components deteriorated or simulated to
represent failure modes that could not have been foreseen to occur by the
manufacturer (e.g., the use of leaded gasoline in an unleaded vehicle,
etc.). Upon request by the Executive Officer, the manufacturer shall
make available all test equipment (e.g., malfunction simulators, deterio-
rated "threshold" components, etc.) necessary to duplicate testing done
by the manufacturer to determine the malfunction criteria used for major
monitors subject to OBD II emission testing.
(B) OBD II Emission Testing. After the test sample group has been se-
lected and procured, the Executive Officer may perform one or more of
the following tests:
(i) Emission testing with the test procedures used by the Executive Of-
ficer for in-use testing of compliance with exhaust emission standards in
accordance with title 13, CCR sections 2138 and 2139.
(ii) On-road or dynamometer testing with the vehicle being driven in
a manner that reasonably ensures that all of the monitoring conditions
disclosed in the manufacturer's certification application for the tested
monitor are encountered.
(C) OBD II Ratio Testing.
(i) For OBD II ratio testing of monitors required to meet the in-use
monitor performance ratio and to track and report ratio data pursuant to
title 1 3, CCR section 1 968.2(d)(3.2), after the test sample group has been
selected and procured, the Executive Officer shall download the data
from monitors required to track and report such data.
(ii) For OBD II ratio testing of monitors required to meet the in-use
monitor performance ratio but not required to track and report ratio data
pursuant to title 13, CCR section I968.2(d)(3.2), after the test sample
group has been selected and procured, the Executive Officer shall collect
data by installing instrumentation or data-logging equipment on the ve-
hicles. After installation of the equipment, the vehicles shall be returned
to the vehicle owner/operator to continue to operate the vehicle until the
minimum denominator criteria (see section (b)(3)(D)(ii)b.) are satisfied.
The Executive Officer shall then calculate the ratio from the data col-
lected in a manner that will allow the Executive Officer to effectively de-
termine the in-use monitor performance ratio in accordance with the re-
quirements of title 13, CCR section 1968.2(d)(3.2).
(D) Testing for compliance with any other requirement of title 13, CCR
section 1968.2. After the test sample group has been selected and pro-
cured, the Executive Officer may perform one or more of the following
tests:
(i) Emission testing on the applicable FTP cycle or other applicable
emission test cycle used for measuring exhaust or evaporative emissions.
(ii) On-road or dynamometer testing with the vehicle being driven in
a manner that reasonably ensures that all of the monitoring conditions
disclosed in the manufacturer's certification application for the tested
monitor are encountered.
(iii) Any other testing determined to be necessary by the Executi ve Of-
ficer. This may include, but is not limited to, the use of special test equip-
ment to verify compliance with standardization requirements.
(5) Additional Testing.
(A) Based upon testing of the motor vehicle class in section (b)(4)
above and after review of all evidence available at the conclusion of such
testing, the Executive Officer may elect to conduct further testing of a
subgroup of vehicles from the motor vehicle class if the Executive Offi-
cer has determined that:
(i) a subgroup of tested vehicles differs sufficiently enough from other
vehicles in the tested motor vehicle class, and
(ii) a reasonable basis exists to believe that the identified differences
may indicate that the subgroup may be nonconforming whereas the
tested motor vehicle class as a whole is not.
(B) Hereinafter all references to motor vehicle class shall be applicable
to the subgroup meeting the conditions of section (b)(5)(A) above.
(C) In any testing of a subgroup of vehicles under section (b)(5), the
Executive Officer shall follow the vehicle selection and testing proce-
dures set forth in sections (b)(3) and (4) above.
(6) Finding of Nonconformance after Enforcement Testing.
After conducting enforcement testing pursuant to section (b)(4)
above, the Executive Officer shall make a finding of nonconformance of
the OBD II system in the identified motor vehicle class if:
(A) OBD 11 Emission Testing.
(i) Intermediate In-Use Gasoline Thresholds. For 2004 through 2008
model year vehicles subject to gasoline/spark ignited monitoring re-
quirements in title 13, CCR section 1968.2(e), the results of the OBD II
emission tests indicate that 50 percent or more of the vehicles in the test
sample do not properly illuminate the MIL when emissions exceed:
a. 2.0 times the FTP standards for malfunction criteria defined in title
13, CCR section 1968.2(e) that require MIL illumination at 1.5 or 1.75
times the FTP standards;
b. 3.5 times the FTP standards for malfunction criteria defined in title
13, CCR section 1968.2(e) that require MIL illumination at 2.5 times the
FTP standards; or
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Title 13
c. 4.5 times the FTP standards for malfunction criteria defined in title
13, CCR section 1 968.2(e) that require MIL illumination at 3.5 times the
FTP standards.
(ii) Intermediate In-Use Diesel Thresholds.
a. For 2007 through 2012 model year vehicles subject to diesel/com-
pression-ignition monitoring requirements in title 13, CCR section
1968.2(f) , the results of the OBD II emission tests indicate that 50 per-
cent or more of the vehicles in the test sample do not properly illuminate
the MIL when emissions exceed:
1. an additional 1.0 times the applicable standards above the malfunc-
tion criteria for malfunction criteria defined in title 13, CCR section
1968.2(f) that require MIL illumination at less than 3.5 times the applica-
ble standards (e.g., 3.5 times the applicable standards for a malfunction
criteria of 2.5 times the applicable standards); or
2. an additional 1.5 times the applicable standards above the malfunc-
tion criteria for malfunction criteria defined in title 13, CCR section
1968.2(f) that require MIL illumination at greater than or equal to 3.5
times the applicable standards (e.g., 6.5 times the applicable standards
for a malfunction criteria of 5.0 times the applicable standards); or
3. an additional 1.0 times the applicable standards above the malfunc-
tion criteria for malfunction criteria defined in title 13, CCR section
1968.2(f) that require MIL illumination at an additive threshold of less
than or equal to 0.3 g/bhp-hr NOx, an additive threshold of less than or
equal to 0.02 g/bhp-hr PM, or an absolute threshold of less than or equal
to 0.03 g/bhp-hr (e.g., 0.07 g/bhp-hr PM for an additive malfunction cri-
teria of 0.03 g/bhp-hr with a standard of 0.02 g/bhp-hr); or
4. an additional 1.5 times the applicable standards above the malfunc-
tion criteria for malfunction criteria defined in title 13, CCR section
1968.2(f) that require MIL illumination at an additive threshold of great-
er than 0.3 g/bhp-hr NOx, an additive threshold of greater than 0.02
g/bhp-hr PM, or an absolute threshold of greater than 0.03 g/bhp-hr PM
(e.g., 1 .0 g/bhp-hr NOx for an additive malfunction criteria of 0.5 g/bhp-
hr with a standard of 0.2 g/bhp-hr).
b. For 2010 through 2012 model year medium-duty vehicles certified
to an engine dynamometer standard, the "applicable standards" used in
section (b)(6)(A)(ii) shall be limited to the emission test cycle and stan-
dard (i.e., FTP or SET) determined by the manufacturer to be more strin-
gent and documented as such in the certification application in accor-
dance with title 13, CCR section 1968.2(d)(6.1).
c. For 2007 through 2009 model year vehicles subject to adjustment
for infrequent regeneration events in accordance with title 13, CCR sec-
tion 1968.2(d)(6.2), OBD II emission enforcement testing for monitors
using the provisions of title 13, CCR section 1968.2(d)(6.2.3) (baseline-
derived adjustment factors instead of malfunction threshold component-
specific adjustment factors) shall be limited to using emission test results
without the infrequent regeneration event occurring and applying the
same baseline-derived adjustment factors used by the manufacturer at
the time of certification.
(iii) Final In-Use Thresholds. For 2009 and subsequent model year
vehicles subject to the gasoline/spark-ignited requirements of title 13,
CCR section 1968.2(e) and 2013 and subsequent model year vehicles
subject to the diesel/compression-ignition requirements of title 13, CCR
section 1968.2(f), the results of the OBD II emission tests indicate that
50 percent or more of the vehicles in the test sample do not properly illu-
minate the MIL when the emission malfunction criteria defined in title
13, CCR sections 1968.2(e) or (f) are exceeded.
(B) OBD II Ratio Testing.
(i) For monitors specified in sections (b)(6)(B)(i)a. through e. below,
the data collected from the vehicles in the test sample indicate either that
the average in-use monitor performance ratio for one or more of the mon-
itors in the test sample group is less than 0.100 or that 66.0 percent or
more of the vehicles in the test sample group have an in-use monitor per-
formance ratio of less than 0.100 for the same monitor:
a. monitors on 2004 through 2014 model year vehicles certified to a
ratio of 0.100 in accordance with title 13, CCR section 1968.2(d)(3.2.1)
(D),
b. monitors specified in title 13, CCR section 1968.2(e) on 2007
through 201 2 model year vehicles for the first three model years the mon-
itor is certified to the in-use performance ratio monitoring requirements
of title 13, CCR sections 1968.2(d)(3.2.1)(A) through (C),
c. the fuel system air-fuel ratio cylinder imbalance monitor specified
in title 13, CCR section l968.2(e)(6.2.1)(C) on 201 5 through 201 7 model
year vehicles,
d. the secondary exhaust gas sensor monitor specified in title 13, CCR
section 1968.2(e)(7.2.2)(C) on 2012 through 2014 model year vehicles,
and
e. monitors specified in title 13, CCR section 1968.2(f) on 2013
through 2015 model year vehicles.
(ii) For monitors that are certified to the ratios in title 1 3, CCR sections
1968.2(d)(3.2. 1)(A) through (C) and are not described in sections
(b)(6)(B)(i)b. through e. above, the data collected from the vehicles in the
test sample indicate either that 66.0 percent or more of the vehicles in the
test sample group have an in-use monitor performance ratio of less than
the required minimum ratio defined in title 13, CCR section
1 968.2(d)(3.2. 1) for the same monitor or that the average in-use monitor
performance ratio for one or more of the monitors in the motor vehicle
class is less than the required minimum ratio defined in title 13, CCR sec-
tion 1 968.2(d)(3.2. 1 ) as defined by determining the average in-use mon-
itor performance ratio for one or more of the monitors in the test sample
group is less than:
a. 0.230 for secondary air system monitors and other cold start related
monitors utilizing a denominator incremented in accordance with title
13, CCR section 1968.2(d)(4.3.2)(E) (e.g., cold start strategy monitors,
etc.);
b. For evaporative system monitors:
1. 0.230 for monitors designed to detect malfunctions identified in title
13, CCR section 1968.2(e)(4.2.2)(C) (i.e., 0.020 inch leak detection);
2. 0.460 for monitors designed to detect malfunctions identified in title
13, CCR section 1 968.2(e)(4.2.2)(A) and (B) (i.e., purge flow and 0.040
inch leak detection);
c. 0.297 for catalyst, oxygen sensor, EGR, VVT system, and all other
monitors specifically required in section title 13, CCR sections 1968.2(e)
and (f) to meet the monitoring condition requirements of title 13, CCR
section 1968.2(d)(3.2).
(C) All Other OBD II Testing.
(i) The results of the testing indicate that at least 30 percent of the ve-
hicles in the test sample do not comply with the same requirement of title
13, CCR section 1968.2.
(ii) The results of the testing indicate that at least 30 percent of the ve-
hicles in the test sample do not comply with one or more of the require-
ments of title 13, CCR section 1968.2 while the engine is running and
while in the key on, engine off position such that Inspection and Mainte-
nance or scan tool equipment designed to access the following parame-
ters via the standards referenced in title 13, CCR section 1968.2 cannot
obtain valid and correct data for the following parameters:
a. The current readiness status from all on-board computers required
to support readiness status in accordance with Society of Automotive En-
gineers J1979 (SAE J1979) as incorporated by reference in title 13, CCR
section 1968.2(g)(1) and section 1968.2(g)(4.1);
b. The current MIL command status while the MIL is commanded off
and while the MIL is commanded on in accordance with SAE J 1979 and
title 13, CCR section 1968.2(g)(4.2), and in accordance with SAE Jl 979
and title 13, CCR sections 1968.2(d)(2.1.2) during the MIL functional
check and, if applicable, title 13, CCR 1968.2(g)(4.1.3) during the MIL
readiness status check;
c. The current permanent fault code(s) in accordance with SAE J1979
and section title 13, CCR 1968.2(g)(4.4);
d. The data stream parameters (Mode/Service $01) for: engine speed
(PID $0C) and OBD requirements to which the vehicle or engine is certi-
fied (PID $1C); and for 2008 and subsequent model year vehicles using
the ISO 15765-4 protocol that have not implemented permanent fault
codes subject to (b)(6)(C)(ii)c, number of warm-up cycles since codes
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§ 1968.5
cleared (P1D $30), distance since codes cleared (PID $31), and engine
run time since codes cleared (PID $4E); as required in title 13, CCR sec-
tion I968.2(g)(4.2) and in accordance with SAE J1979;
e. The CAL ID, CVN, and VIN (Mode $09 PIDs $01 through $06) as
required in title 13, CCR sections 1968.2(g)(4.6), (g)(4.7.1), (g)(4.7.3),
and (g)(4.8) and in accordance with SAE J1979;
f. The proper identification of all data identified in (b)(6)(C)(ii)a.
through (b)(6)(C)(ii)e. as supported or unsupported as required in title
13, CCR section 1968.2(g)(4) and in accordance with SAE J1979 (e.g.,
Mode/Service $01, PIDs $00, $20. $40; Mode/Service $09, PID $00,
etc.); or
g. For vehicles using an alternate connector and communication proto-
col (e.g., SAE J 1939) as provided for in title 13, CCR section
1968.2(g)(7.1), the parameters and data identified in sections
(b)(6)(C)(ii)a. through f. in accordance with title 13, CCR section
1968.2(g)(4) and with the specified alternate connector and communica-
tion protocol in lieu of in accordance with SAE J1979.
(iii) If the finding of nonconformance under section (b)(6)(C)(i) above
concerns vehicles that do not comply with the requirements of title 13,
CCR section 1968.2(d)(4) or (5) (e.g., numerators or denominators are
not properly being incremented), it shall be presumed that the nonconfor-
mance would result in an OBD II ratio enforcement test result that would
be subject to an ordered OBD H-related recall in accord with the criterion
in section (c)(3)(A)(i). The manufacturer may rebut such a presumption
by presenting evidence in accord with section (b)(7)(C)(iii) below that
demonstrates to the satisfaction of the Executive Officer that the identi-
fied nonconformance would not result in an ordered OBD II-related re-
call under section (c)(3)(A)(i).
(7) Executive Officer Notification to the Manufacturer Regarding De-
termination of Nonconformance .
(A) Upon making the determination of nonconformance in section
(b)(6) above, the Executive Officer shall notify the manufacturer in writ-
ing.
(B) The Executive Officer shall include in the notice:
(i) a description of each group or set of vehicles in the motor vehicle
class covered by the determination;
(ii) the factual basis for the determination, including a summary of the
test results relied upon for the determination;
(iii) a statement that the Executive Officer shall provide to the
manufacturer, upon request and consistent with the California Public Re-
cords Act, Government Code section 6250 et seq., all records material to
the Executive Officer's determination;
(iv) a provision allowing the manufacturer no less than 90 days from
the date of issuance of the notice to provide the Executive Officer with
any information contesting the findings set forth in the notice; and
(v) a statement that if a final determination is made that the motor ve-
hicle class is equipped with a nonconforming OBD II system, the
manufacturer may be subject to appropriate remedial action, including
recall and monetary penalties.
(C) Within the time period set by the Executive Officer in section
(b)(7)(B)(iv) and any extensions of time granted under section (b)(7)(H),
the manufacturer shall provide the Executive Officer, consistent with
paragraphs (i) through (iii) below, with any test results, data, or other in-
formation derived from vehicle testing that may rebut or mitigate the re-
sults of the ARB testing, including any evidence that a motor vehicle
class, if determined to be nonconforming, should be exempted from man-
datory recall. (See section (c)(3)(B) below.).
(i) For OBD II emission testing and OBD II ratio testing:
a. The manufacturer may submit evidence to demonstrate that vehicles
in the test sample group used by the Executive Officer were inappropri-
ately selected, procured, or tested in support of a request to have vehicles
excluded from the test sample group in accordance with section
(b)(3)(D)(iv).
b. If the manufacturer elects to conduct additional testing of vehicles
in the motor vehicle class and submit the results of such testing to the
Executive Officer, the manufacturer shall:
1 . Present evidence that it has followed the vehicle procurement and
test procedures set forth in sections (b)(3) and (4) above, or
2. If the manufacturer elects to use different procurement and testing
procedures, submit a detailed description of the procedures used and evi-
dence that such procedures provide an equivalent level of assurance that
the results are representative of the motor vehicle class.
(ii) If the manufacturer objects to the size of the test sample group or
the method used to procure vehicles in the test sample group used by the
Executive Officer pursuant to section (b)(3)(B)(iii) or (b)(3)(C)(ii), the
manufacturer shall set forth what it considers to be the appropriate size
and procurement method, the reasons therefore, and test data from ve-
hicles that confirm the manufacturer's position.
(iii) If the manufacturer elects to present evidence to overcome the pre-
sumption of nonconformance in section (b)(6)(C)(ii) above, the
manufacturer shall demonstrate that the vehicles in the motor vehicle
class comply with in-use monitor performance ratio requirements of title
13, CCR section 1968.2(d)(3.2) by presenting:
a. Evidence in accord with the procurement and testing requirements
of sections (b)(3) and (4).
b. Any other evidence that provides an equivalent level of proof that
vehicles operated in California comply with the in-use monitor perfor-
mance ratio requirements.
(D) The Executive Officer may, but is not required to, accept any in-
formation submitted by a manufacturer pursuant to section (b)(7)(C)
above after the time established for submission of such information has
passed unless the manufacturer could not have reasonably foreseen the
need for providing the information within the time period provided. In
determining whether to accept late information, the Executive Officer
will consider the lateness of the submission, the manufacturer's reasons
for why such information was not timely presented, the materiality of the
information to the Executive Officer's final determination, and what ef-
fect any delay may have on effective enforcement and the health and wel-
fare of the State.
(E) The requirements of section (b)(7) shall not be construed to
abridge the manufacturer's right to assert any privilege or right provided
under California law.
(F) After receipt of any information submitted by the manufacturer
pursuant to section (b)(7)(C) above, the Executive Officer shall consider
all information submitted by the manufacturer and may conduct any
additional testing that he or she believes is necessary.
(G) Final Determination.
(i) Within 60 days after completing any additional testing that the
Executive Officer deemed necessary under section (b)(7)(F) above, the
Executive Officer shall notify the manufacturer of his or her final deter-
mination regarding the finding of nonconformity of the OBD II system
in the motor vehicle class. The determination shall be made after consid-
ering all of the information collected and received, including all informa-
tion that has been received from the manufacturer.
(ii) The notice must include a description of each test group(s), OBD
II group(s), or subgroups thereof, that has been determined to have a non-
conforming OBD II system and set forth the factual bases for the deter-
mination.
(H) Extensions. The Executive Officer may for good cause extend the
time requirements set forth in section (b)(7). In granting additional time
to a manufacturer, the Executive Officer shall consider, among other
things, any documentation submitted by the manufacturer regarding the
time that it reasonably believes is necessary to conduct its own testing,
why such information could not have been more expeditiously presented,
and what effect any delay caused by granting the extension may have on
effective enforcement and the health and welfare of the State. The Execu-
tive Officer shall grant a manufacturer a reasonable extension of time
upon the manufacturer demonstrating that despite the exercise of reason-
able diligence, the manufacturer has been unable to produce relevant evi-
dence in the time initially provided.
(c) Remedial Action
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(1) Voluniaiy OBD II-Related Recalls. If a manufacturer initiates a
voluntary OBD II-related recall campaign, the manufacturer shall notify
the Executive Officer of the recall at least 45 days before owner notifica-
tion is to begin. The manufacturer shall also submit a voluntary OBD II-
related recall plan for approval, as prescribed under section (d)(1) below.
A voluntary recall plan shall be deemed approved unless disapproved by
the Executive Officer within 30 days after receipt of the recall plan.
(2) Influenced OBD U-Related Recalls.
(A) Upon being notified by the Executive Officer, pursuant to section
(b)(7)(G), that a motor vehicle class is equipped with a nonconforming
OBD IT system, the manufacturer may, within 45 days from the date of
service of such notification, elect to conduct an influenced OBD II-re-
lated recall of all vehicles within the motor vehicle class for the purpose
of correcting the nonconforming OBD I] systems. Upon such an election,
the manufacturer shall submit an influenced OBD II-related recall plan
for approval, as prescribed under section (d)(1) below.
(B) If a manufacturer does not elect to conduct an influenced OBD II-
related recall under section (c)(2)(A) above, the Executive Officer may
order the manufacturer to undertake appropriate remedial action, up to
and including the recall and repair of the nonconforming OBD II sys-
tems.
(3) Ordered Remedial Action-Mandatory Recall.
(A) Except as provided in sections (c)(3)(B) below, the Executive Of-
ficer shall order the recall and repair of all vehicles in a motor vehicle
class that have been determined to be equipped with a nonconforming
OBD II system if enforcement testing conducted pursuant to section (b)
above or information received from the manufacturer indicates that:
(i) For monitors on 2007 and subsequent model year vehicles certified
to the ratios in title 13, CCR sections 1968.2 (d)(3.2.1)(A) through (C),
the average in-use monitor performance ratio for one or more of the ma-
jor monitors in the test sample group is less than or equal to 33.0 percent
of the applicable required minimum ratio established in title 13, CCR
section 1968. 2(d)(3. 2.1) (e.g., if the required ratio is 0.336, less than or
equal to a ratio of 0.1 11) or 66.0 percent or more of the vehicles in the
test sample group have an in-use monitor performance ratio of less than
or equal to 33.0 percent of the applicable required minimum ratio estab-
lished in title 13, CCR section 1968.2(d)(3.2.1) for the same major moni-
tor. For monitors on 2004 through 2014 model year vehicles certified to
the 0.100 ratio in title 13, CCR section 1968.2(d)(3.2.1)(D), the Execu-
tive Officer shall determine the remedial action for nonconformances re-
garding the in-use monitor performance ratio in accordance with section
(c)(4) below.
(ii) When the vehicle is tested on-road and driven so as to reasonably
encounter all monitoring conditions disclosed in the manufacturer's cer-
tification application, the OBD II system is unable to detect and illumi-
nate the MIL for a malfunction of a component/system monitored by a
major monitor (other than the monitors for misfire causing catalyst dam-
age and the evaporative system) prior to emissions exceeding two times
the malfunction criteria of title 13, CCR sections 1968.2(e) and (f) (e.g.,
if the malfunction criteria is 1.75 times the applicable FTP standard, re-
call would be required when emissions exceed 3.5 times the applicable
FTP standard or if the malfunction criteria is the PM standard plus 0.02
g/bhp-hr and the PM standard is 0.01 g/bhp-hr, recall would be required
when emissions exceed 0.06 g/bhp-hr). Additionally, for the first two
years that a new major monitor is required in title 13, CCR section
1968.2(e) (e.g., 2006 and 2007 model year for cold start strategy moni-
toring in title 13, CCR section 1968.2(e)(l 1)), the Executive Officer shall
use three times the malfunction criteria in lieu of two times the malfunc-
tion criteria (e.g., if the malfunction criterion is 1.5 times the applicable
FTP standard, recall would be required when emissions exceed 4.5 times
the applicable FTP standard). Additionally, for major monitors on 2007
through 2009 model year vehicles certified to the monitoring require-
ments in title 13, CCR section 1968.2(f), the Executive Officer shall de-
termine the remedial action for nonconformances regarding emission ex -
ceedance in accordance with section (c)(4) below in lieu of the criteria
in section (c)(3)(ii). For purposes of the emission exceedance determina-
tion, carbon monoxide (CO) emissions are not considered.
(iii) The monitor for misfire causing catalyst damage is unable to prop-
erly detect and illuminate the MIL for misfire rates that are more than 20
percentage points greater than the misfire rates disclosed by the manufac-
turer in its certification application as causing catalyst damage (e.g., if the
disclosed misfire rate is 12 percent, recall would be required if the misfire
rate is greater than 32 percent without proper detection).
(iv) When the vehicle is tested on-road and driven so as to reasonably
encounter all monitoring conditions disclosed in the manufacturer's cer-
tification application, the evaporative system monitor is unable to detect
and illuminate the MIL for a cumulative leak or leaks in the evaporative
system equivalent to that caused by an orifice with a diameter of at least
1.5 times the diameter of the required orifice in title 13, CCR section
1968.2(e)(4.2.2)(C).
(v) When the vehicle is tested on-road and driven so as to reasonably
encounter all monitoring conditions disclosed in the manufacturer's cer-
tification application, the OBD II system cannot detect and illuminate the
MIL for a malfunction of a component that effectively disables a major
monitor and the major monitor, by being disabled, meets the criteria for
recall identified in sections (c)(3)(A)(ii) or (iv) above (e.g. is unable to
detect and illuminate the MIL for malfunctions that cause FTP emissions
to exceed two times the malfunction criteria).
(vi) The motor vehicle class cannot be tested so as to obtain valid test
results in accordance with the criteria identified in section (b)(6)(C)(ii)
due to the nonconforming OBD II system.
(B) A motor vehicle class shall not be subject to mandatory recall if the
Executive Officer determines that, even though a monitor meets a criteri-
on set forth in section (c)(3)(A)(i)-(vi) for mandatory recall:
(i) The OBD II system can still detect and illuminate the MIL for all
malfunctions monitored by the nonconforming monitor (e.g., monitor
"A" is non-functional but monitor "B" is able to detect all malfunctions
of the component(s) monitored by monitor "A").
(ii) The monitor meets the criterion solely due to a failure or deteriora-
tion mode of a monitored component or system that could not have been
reasonably foreseen to occur by the manufacturer.
(iii) The failure or deterioration of the monitored component or system
that cannot be properly detected causes the vehicle to be undriveable
(e.g., vehicle stalls continuously or the transmission will not shift out of
first gear, etc.) or causes an overt indication such that the driver is certain
to respond and have the problem corrected (e.g., illumination of an over-
temperature warning light or charging system light that uncorrected will
result in an undriveable vehicle, etc.).
(C) A motor vehicle class that is not subject to mandatory recall pur-
suant to paragraph (B) above may still be subject to remedial action pur-
suant to section (c)(4) below.
(4) Other Ordered Remedial Action.
(A) If the Executive Officer has determined based upon enforcement
testing conducted pursuant to section (b) above or information received
from the manufacturer that a motor vehicle class is equipped with a non-
conforming OBD II system and the nonconformance does not fall within
the provisions of section (c)(3)(A) above, he or she may require the
manufacturer to undertake remedial action up to and including recall of
the affected motor vehicle class.
(B) In making his or her findings regarding remedial action, the Execu-
tive Officer shall consider the capability of the OBD II system to properly
function. This determination shall be based upon consideration of all
relevant circumstances including, but not limited to, those set forth be-
low.
(i) Whether the manufacturer identified and informed the ARB about
the nonconformance(s) or whether the ARB identified the nonconfor-
mance^) prior to being informed by the manufacturer.
(ii) The number of nonconformances.
(iii) If the identified nonconformance(s) is with a major monitor(s), the
nature and extent of the nonconformance(s), including:
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Title 13
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§ 1968.5
a. the degree to which the in-use monitor performance ratio(s) is be-
low the required ratio(s) specified in title 13, CCR section
1968.2(d)(3.2.1), and
b. the amount of the emission exceedance(s) over the established mal-
function criteria set forth in title 13, CCR sections 1968.2(e) and (f) be-
fore a malfunction is detected and the MIL is illuminated.
(iv) If the identified nonconformance(s) is with a non-major monitor
the nature and extent of the nonconformance(s), including:
a. the degree to which the in-use monitor performance ratio(s) (where
applicable) is below the required ratio(s) specified in title 13, CCR sec-
tion 1968.2(d)(3.2.1),
b. the degree to which the monitored component must be malfunction-
ing or exceed the established malfunction criteria set forth in title 13,
CCR sections 1968.2(e) and (f) before a malfunction is detected and the
MIL is illuminated, and
c. the effect that the nonconformance(s) has on the operation of a major
monitor(s).
(v) The impact of the nonconformance on vehicle owners (e.g., cost
of future repairs, driveability, etc.) and the ability of the service and repair
industry to make effective repairs (e.g., difficulty in accessing fault in-
formation, diagnosing the root cause of a failure, etc.).
(vi) The degree to which the identified nonconformance(s) compli-
cates, interferes with, disrupts, or hampers a service technician's ability
to follow California I/M testing protocol when performing a California
I/M inspection.
(vii) The failure of the data link connector of the motor vehicle class
to meet the requirements of title 13, CCR section 1968.2(g)(2).
(viii) The failure of the crankcase ventilation system in a motor vehicle
class to comply with the requirements of title 13, CCR sections
1968.2(e)(9) or (f)(10).
(ix) The failure of the cooling system monitor in a motor vehicle class
to properly verify that the cooling system reaches the highest enable tem-
perature used for any other monitor when the vehicle is operated in the
monitoring conditions disclosed in the manufacturer's certification ap-
plication, or failure to comply with any requirement in title 13, CCR sec-
tions 1968.2(e)(10) or (f)(H).
(x) The estimated frequency that a monitor detects a malfunction and
illuminates the MIL when no component malfunction is present (i.e.,
false MILs).
(xi) The estimated frequency that a monitor fails to detect a malfunc-
tion and illuminate the MIL when the monitoring conditions, as set forth
in the manufacturer' s approved certification application, have been satis-
fied and a faulty or deteriorated monitored component is present (i.e.,
false passes).
(xii) Whether the manufacturer submitted false, inaccurate, or incom-
plete documentation regarding the identified nonconformance at the time
of certification pursuant to title 13, CCR section 1968. 2(i) and the extent
to which the false, inaccurate, or incomplete documentation was material
to the granting of certification.
(C) In making the determination, the average tailpipe and evaporative
emissions of vehicles within the affected motor vehicle class shall not be
considered.
(5) Assessment of Monetary Penalties. The Executive Officer may
seek penalties pursuant to the applicable provisions of the Health and
Safety Code for violations of the requirements of title 13, CCR section
1968.2 or for production vehicles otherwise failing to be equipped with
OBD II systems that have been certified by the ARB. In determining the
penalty amounts that the ARB may seek, the Executive Officer shall con-
sider all relevant circumstances including the factors set forth below:
(A) Whether the manufacturer self-reported the nonconformity or the
ARB discovered the nonconformity independent of the manufacturer.
(B) The nature and degree of the nonconformity and whether the
manufacturer should reasonably have discovered the nonconformity and
taken corrective action by voluntary OBD II-related recall or running
changes during the production year.
(C) The economic benefits, if any, gained by the manufacturer from
not complying with the provisions of title 13, CCR section 1968.2.
(D) The manufacturer's history of compliance with the OBD II re-
quirements.
(E) The preventative efforts taken by the manufacturer to avoid non-
compliance, including any programs followed by the manufacturer to en-
sure compliance.
(F) The manufacturer's efforts to correct the nonconformity once it
was identified.
(G) The innovative nature and magnitude of effort, including the cost
of any other proposed remedial action, necessary to correct the noncon-
formity.
(H) The deterrent effect of the penalty.
(I) Whether the manufacturer has failed to provide complete and accu-
rate information required to be submitted at the time of certification pur-
suant to title 13, CCR section 1968.2(i).
(J) The nature and degree that OBD II systems on production vehicles
differ from the systems that have been certified by the ARB.
(6) Notice to Manufacturer for an Ordered Remedial Action.
(A) The Executive Officer shall immediately notify the manufacturer
upon the Executive Officer determining the type of remedial action to be
taken.
(B) For remedial actions other than the assessment of monetary penal-
ties, the notice must:
(i) specifically set forth the remedial action that is being ordered,
(ii) include a description of the test group(s), OBD II group(s), or sub-
group^) thereof, that has been determined to have a nonconforming
OBD II system,
(iii) set forth the factual bases for the determination, and
(iv) designate a date at least 45 days from the date of receipt of such
notice by which the manufacturer shall submit a plan, pursuant to section
(d)(1) below, outlining the remedial action to be undertaken consistent
with the Executive Officer's order. Except as provided in section
(c)(7)(C) below, all plans shall be submitted to the Chief, Mobile Source
Operations Division, 9528 Telstar Avenue, El Monte, California 91731,
within the time limit specified in the notice. The Executive Officer may
grant the manufacturer an extension of time for good cause.
(C) For cases in which the ARB elects to seek monetary penalties pur-
suant to authority granted under the Health and Safety Code, the Execu-
tive Officer shall issue a notice to the manufacturer that he or she will be
filing a complaint in the appropriate administrative or civil court forum
seeking penalties against the manufacturer for violations of title 13, CCR
section 1968.2. The notice must include a description of the test group(s),
OBD II group(s), or subgroup(s) thereof, that have been determined to
have a nonconforming OBD II system and set forth the factual bases for
the determination.
(7) Availability of Public Hearing to Contest Remedial Actions Other
than Determination to Seek Monetary Penalties.
(A) Within 45 days from the date of receipt of the notice that is required
under section (c)(6) above, the manufacturer may request a public hear-
ing pursuant to the procedures set forth in title 1 7, CCR section 60055. 1 ,
et seq., to contest the findings of nonconformity, the necessity for, or the
scope of any ordered remedial action. Pursuant to those procedures, the
Executive Officer has the initial burden of presenting evidence that those
parts of the Executive Officer's determination specifically challenged
are supported by the facts and applicable law. (Title 17, CCR section
60055.32(d)(1).) Each issue of controversy shall be decided based upon
the preponderance of the evidence presented at the hearing. (Title 17,
CCR section 60055.32(h).)
(B) Notwithstanding the provisions of title 17, CCR section
60055.17(a)(1), administrative hearings conducted pursuant to a request
filed under section (c)(7)(A) above shall be referred to the Office of Ad-
ministrative Hearings, which shall otherwise follow the procedures es-
tablished in title 17, CCR section 60055.1 et seq.
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(C) If a manufacturer requests a public hearing pursuant to section
(c)(7)(A) above and if the Executive Officer's determination of noncon-
formity is confirmed at the hearing, the manufacturer shall submit the re-
quired remedial action plan in accordance with section (d)(1) below
within 30 days after receipt of the Board's decision.
(d) Requirements for Implementing Remedial Actions
(1) Remedial Action Plans.
(A) A manufacturer initiating a remedial action (voluntary, in-
fluenced, or ordered), other than payment of monetary penalties, shall de-
velop a remedial action plan that contains the following information, un-
less otherwise specified:
(i) A description of each test group, OBD II group, or subgroup thereof
covered by the remedial action, including the number of vehicles, the en-
gine families, test groups, or subgroups within the identified class(es),
the make(s), model(s), and model years of the covered vehicles, and such
other information as may be required to identify the covered vehicles.
(ii) A description of the nonconforming OBD II system and, in the case
of a recall (whether voluntary, influenced, or ordered), the specific modi-
fications, alterations, repairs, adjustments, or other changes to correct the
nonconforming OBD II system, including data and/or engineering evalu-
ation supporting the specific corrections.
(iii) A description of the method that the manufacturer will use to de-
termine the names and addresses of vehicle owners and the manufactur-
er's method and schedule for notifying the service facilities and vehicle
owners of the remedial action.
(iv) A copy of all instructions that the manufacturer will use to notify
service facilities about the required remedial action and the specific
corrections, if any, that will be required to be made to the nonconforming
OBD II systems.
(v) A description of the procedure to be followed by vehicle owners
to obtain remedial action for the nonconforming OBD II system. This
must include the date, on or after which the owner can have required re-
medial action performed, the time reasonably necessary to perform the
labor to remedy the nonconformity, and the designation of facilities at
which the nonconformity can be remedied.
(vi) If some or all of the nonconforming OBD II systems are to be re-
medied by persons other than dealers or authorized warranty agents of
the manufacturer, a description of such class of service agents and what
steps, including a copy of all instructions mailed to such service agents,
the manufacturer will take to assure that such agents are prepared and
equipped to perform the proposed remedial action.
(vii) A copy of the letter of notification to be sent to vehicle owners.
(viii) A proposed schedule for implementing the remedial action, in-
cluding identified increments of progress towards full implementation.
(ix) A description of the method that the manufacturer will use to as-
sure that an adequate supply of parts will be available to initiate the reme-
dial action campaign on the date set by the manufacturer and that an ade-
quate supply of parts will continue to be available throughout the
campaign.
(x) A description and test data of the emission impact, if any, that the
proposed remedial action may cause to a representative vehicle from the
motor vehicle class to be remedied.
(xi) A description of the impact, if any, and supporting data and/or en-
gineering evaluation, that the proposed remedial action will have on fuel
economy, driveability, performance, and safety of the motor vehicle
class covered by the remedial action.
(xii) Any other information, reports, or data which the Executive Offi-
cer may reasonably determine to be necessary to evaluate the remedial
action plan.
(B) Approval and Implementation of Remedial Action Plans.
(i) If the Executive Officer finds that the remedial action plan is de-
signed effectively to address the required remedial action and complies
with the provisions in section (d)(1)(A) above, he or she shall notify the
manufacturer in writing within 30 days of receipt of the plan that the plan
has been approved.
(ii) The Executive Officer shall approve a voluntary, influenced, or or-
dered remedial action plan if the plan contains the information specified
in section (d)( 1 )( A) above and is designed to notify the vehicle owner and
implement the remedial action in an expeditious manner.
(iii) In disapproving an ordered remedial action plan, the Executive
Officer shall notify the manufacturer in writing of the disapproval and the
reasons for the determination. The manufacturer shall resubmit a revised
remedial action plan that fully addresses the reasons for the Executive
Officer's disapproval within 10 days of receipt of the disapproval notice.
(iv) Upon receipt of the approval notice of the ordered remedial action
plan from the Executive Officer, the manufacturer shall, within 45 days
of receipt of the notice, begin to notify vehicle owners and implement the
remedial action campaign.
(v) If the Executive Officer disapproves a voluntary or influenced re-
medial action plan, the manufacturer shall either accept the proposed
modifications to the plan as suggested by the Executive Officer, resubmit
a revised remedial action plan that fully addresses the reasons for the
Executive Officer's disapproval within 30 days, or be subject to an
Executive Officer order that the manufacturer undertake appropriate re-
medial action pursuant to section (c)(2)(B) above.
(vi) Upon receipt of the voluntary or influenced remedial action ap-
proval notice from the Executive Officer, the manufacturer shall begin
to notify vehicle owners and implement the remedial action campaign ac-
cording to the schedule indicated in the remedial action plan.
(2) Eligibility for Remedial Action.
(A) The manufacturer may not condition a vehicle owner's eligibility
for remedial action required under section 1968.5 on the proper mainte-
nance or use of the vehicle.
(B) The manufacturer shall not be obligated to repair a component
which has been modified or altered such that the remedial action cannot
be performed without additional cost.
(3) Notice to Owners.
(A) The manufacturer shall notify owners of vehicles in the motor ve-
hicle class covered by the remedial order. The notice must be made by
first-class mail or by such other means as approved by the Executive Of-
ficer. When necessary, the Executive Officer may require the use of certi-
fied mail for ordered remedial actions to assure effective notification.
(B) The manufacturer shall use all reasonable means necessary to lo-
cate vehicle owners, including motor vehicle registration lists available
from the California Department of Motor Vehicles and commercial
sources such as R.L. Polk & Co.
(C) The notice must contain the following:
(i) For ordered remedial actions, a statement: "The California Air Re-
sources Board has determined that your (vehicle or engine) (is or may be)
equipped with an improperly functioning on-board emission-related
diagnostic system that violates established standards and regulations that
were adopted to protect your health and welfare from the dangers of air
pollution."
(ii) For voluntary and influenced remedial actions, a statement: "Your
(vehicle or engine) (is or may be) equipped with an improperly function-
ing on-board emission-related diagnostic system that violates (Califor-
nia or California and Federal) standards and regulations" if applicable as
determined by the Executive Officer.
(iii) A statement that the nonconformity of any such vehicles will be
remedied at the expense of the manufacturer.
(iv) A statement that eligibility for remedial action may not be denied
solely on the basis that the vehicle owner used parts not manufactured by
the original equipment vehicle manufacturer, or had repairs performed
by outlets other than the vehicle manufacturer's franchised dealers.
(v) Instructions to the vehicle owners on how to obtain remedial ac-
tion, including instructions on whom to contact (i.e., a description of the
facilities where the vehicles should be taken for the remedial action), the
first date that a vehicle may be brought in for remedial action, and the
time that it will reasonably take to correct the nonconformity.
Page236.20(z)(10)(t)
Register 2007, No. 45; 11-9-2007
Title 13
Air Resources Board
§ 1968.5
(vi) The statement: "In order to assure your full protection under the
emission warranty provisions, it is recommended that you have your (ve-
hicle or engine) serviced as soon as possible. Failure to do so could be
determined as lack of proper maintenance of your (vehicle or engine)."
(vii) A telephone number for vehicle owners to call to report difficulty
in obtaining remedial action.
(viii) A card to be used by a vehicle owner in the event the vehicle to
be recalled has been sold. Such card should be addressed to the manufac-
turer, have postage paid, and shall provide a space in which the owner
may indicate the name and address of the person to whom the vehicle was
sold or transferred.
(ix) If the remedial action involves recall, the notice must also provide:
a. A clear description of the components that will be affected by the
remedial action and a general statement of the measures to be taken to
correct the nonconformity.
b. A statement that such nonconformity, if not corrected, may cause
the vehicle to fail an emission inspection or I/M smog check test.
c. A statement describing the adverse effects, if any, of an uncorrected
nonconforming OBD II system on the performance, fuel economy, or du-
rability of the vehicle.
d. A statement that after remedial action has been taken, the manufac-
turer will have the service facility issue a certificate showing that a ve-
hicle has been corrected under the recall program, and that such a certifi-
cate will be required to be provided to the Department of Motor Vehicles
as a condition for vehicle registration.
(D) A notice sent pursuant to this section or any other communication
sent to vehicle owners or dealers may not contain any statement, ex-
pressed or implied, that the OBD II system is compliant or that the OBD
II system will not degrade air quality.
(E) The Executive Officer shall inform the manufacturer of any other
requirements pertaining to the notification under section (d)(3) which the
Executive Officer has determined as reasonable and necessary to assure
the effectiveness of the recall campaign.
(4) Label Indicating that Recall Repairs Have Been Performed.
(A) If the required remedial action involves recall of a test group(s),
OBD II group(s), or subgroup(s) thereof, the manufacturer shall require
those who perform inspections and/or recall repairs to affix a label to
each vehicle that has been inspected and/or repaired.
(B) The label must be placed in a location approved by the Executive
Officer and must be fabricated of a material suitable for such location in
which it is installed and which is not readily removable.
(C) The label must contain the remedial action campaign number and
a code designating the facility at which the remedial action or inspection
to determine the need for remedial action was performed.
(5) Proof of Performance of Remedial Action Certificate. If the re-
quired remedial action involves a recall, the manufacturer shall provide,
through its service agents, to owners of vehicles that have had the reme-
dial action performed a certificate that confirms that the vehicle has been
recalled and that required inspection and/or repairs have been performed.
The certificate must be in a format prescribed by the Executive Officer,
however, the Executive Officer may not require a format different in any
way from the format of the certificate required in title 1 3, CCR sections
2117 and 2129.
(6) Record Keeping and Reporting Requirements.
(A) The manufacturer shall maintain sufficient records to enable the
Executive Officer to conduct an analysis of the adequacy of the remedial
action.
(B) Unless otherwise specified by the Executive Officer, the manufac-
turer shall report on the progress of the remedial action campaign by sub-
mitting reports for eight consecutive quarters commencing with the quar-
ter immediately after the recall campaign begins. The reports shall be
submitted no later than 25 days after the close of each calendar quarter
to: Chief, Mobile Source Operations Division, 9528 Telstar Avenue, El
Monte, California 91731. For each recall campaign, the quarterly report
must contain the following:
(i) The test group and the remedial action campaign number desig-
nated by the manufacturer and a brief description of the nature of the
campaign.
(ii) The date owner notifications began and date completed.
(iii) The number of vehicles involved in the remedial action campaign.
(iv) The number of vehicles known or estimated to be equipped with
the nonconforming OBD II system and an explanation of the means by
which this number was determined.
(v) The number of vehicles inspected during the campaign since its in-
ception.
(vi) The number of vehicles found to be affected by the nonconformity
during the campaign since its inception.
(vii) The number of vehicles receiving remedial action during the cam-
paign since its inception.
(viii) The number of vehicles determined to be unavailable for inspec-
tion or remedial action, during the campaign since its inception, due to
exportation, theft, scrapping, or other reasons (specify).
(ix) The number of vehicles, during the campaign since its inception,
determined to be ineligible for remedial action under section (d)(2)(B).
(x) An initial list, using the following data elements and designated
positions, indicating all vehicles subject to recall that the manufacturer
has not been invoiced for, or a subsequent list indicating all vehicles sub-
ject to the recall that the manufacturer has been invoiced for since the pre-
vious report. The list must be supplied in a standardized computer format
to be specified by the Executive Officer. The data elements must be writ-
ten in "ASCII" code without a comma separating each element. For ex-
ample: XTY32A71234E-94561 23408-25-91 A. The add flag (see be-
low) should reflect the vehicles for which the manufacturer has not been
invoiced and the delete flag should reflect changes since the previous re-
port. The Executive Officer may change the frequency of this submittal
depending on the needs of enforcement. The Executive Officer may not,
however, require a frequency or format for this submittal that is different
in any way from the frequency or format determined by the Executive Of-
ficer as required for reporting of data in title 13, CCR sections
2119(a)(10)and2133(a)(10).
Data Elements
• File Code (designated by DMV)
• License Plate Number
• Last three VIN positions
• Recall ID Number
• Mfg. ID Number
(Mfg. Occupational License Number)
• Recall Start Date (mmddyyyy)
• Add or Delete Flag (A/D)
• Complete VIN if personalized license plate
(File Code "L" or "S")
Positions
1
2-8
9-11
12-17
18-22
23-30
31
32^18
(xi) A copy of any service bulletins issued during the reporting period
by the manufacturer to franchised dealerships or other service agents that
relate to the nonconforming OBD II system and the remedial action and
have not previously been reported to the Executive Officer.
(xii) A copy of all communications transmitted to vehicle owners that
relate to the nonconforming OBD II systems and the required remedial
action and have not been previously reported to the Executive Officer.
(C) If the manufacturer determines that any of the information sub-
mitted to the Executive Officer pursuant to section (d) has changed or is
incorrect, the manufacturer shall submit the revised information, with an
explanation.
(D) The manufacturer shall maintain in a form suitable for inspection,
such as computer information, storage devices, or card files, and shall
make available to the Executive Officer or his or her authorized represen-
tative upon request, the names and addresses of vehicle owners:
(i) To whom notification was sent;
(ii) Whose vehicles were repaired or inspected under the recall cam-
paign;
Page236.20(z)(10)(u)
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§1969
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(iii) Whose vehicles were determined not to be eligible for remedial
action because the vehicles were modified, altered, or unavailable due to
exportation, theft, scrapping, or other reason specified in the answer to
sections (d)(6)(B)(viii) and (ix).
(E) The information gathered by the manufacturer to compile the re-
ports required by these procedures must be retained for no less than one
year beyond the useful life of the vehicles and must be made available to
authorized personnel of the ARB upon request.
(F) The filing of any report under the provisions of these procedures
must not affect the manufacturer's responsibility to file reports or ap-
plications, obtain approval, or give notice under any other provisions of
law.
(7) Extension of Time.
Upon request of the manufacturer, the Executive Officer may extend
any deadline set forth in section 1 968.5(d) upon finding that the manufac-
turer has demonstrated good cause for the requested extension.
(e) Penalties for Failing to Comply with the Requirements of Section
(d).
(1) In addition to the penalties that may be assessed by the Executive
Officer pursuant to section (c) because of a manufacturer's failure to
comply with the requirements of title 13, CCR section 1968.2, a
manufacturer may be subject to penalties pursuant to section 43016,
Health and Safety Code for failing to comply with the requirements of
section (d).
(2) If a manufacturer fails to comply with a voluntary or influenced re-
medial action plan, the Executive Officer may order remedial action pur-
suant to section (c) above.
NOTE: Authority cited: Sections 39600, 39601, 43000.5, 43013, 43016, 43018,
43100, 43101, 43104, 43105, 43105.5, 43106, 43154, 43211 and 43212, Health
and Safety Code. Reference: Sections 39002, 39003, 39010, 39018, 39021.5,
39024, 39024.5, 39027. 39027.3, 39028, 39029, 39031, 39032, 39032.5, 39033,
39035, 39037.05, 39037.5, 39038. 39039, 39040, 39042, 39042.5, 39046, 39047,
39053, 39054, 39058, 39059, 39060, 39515, 39600-39601, 43000, 43000.5,
43004, 43006, 43013, 43016, 43018, 43100, 43101, 43102, 43104, 43105,
43105.5, 43106, 43150, 43151, 43152, 43153, 43154, 43155, 43156, 43204,
43211 and 43212, Health and Safety Code.
History
1. New section filed 4-21-2003; operative 4-21-2003 pursuant to Government
Code section 11343.4 (Register 2003, No. 17).
2. Amendment filed 11-9-2007; operative 11-9-2007 pursuant to Government
Code section 1 1343.4 (Register 2007, No. 45).
§ 1969. Motor Vehicle Service Information — 1994 and
Subsequent Model Passenger Cars, Light-Duty
Trucks, and Medium-Duty Engines and
Vehicles, and 2007 and Subsequent Model
Heavy-Duty Engines.
(a) Applicability.
(1) This section shall apply to: (1) all California-certified 1994 and
subsequent model-year passenger cars, light-duty trucks and medium-
duty engines and vehicles equipped with on-board diagnostic (OBD)
systems pursuant to title 13, California Code of Regulations, sections
1968.1 or 1968.2: and (2) all 2007 and subsequent model year Califor-
nia-certified heavy-duty engines equipped with OBD systems pursuant
to title 13, California Code of Regulations, sections 1971 or 1971 .1 . This
section shall supersede the provisions of section 1968.1 (k)(2. 1) at all
times that this section is effective and operative. This regulation shall
also apply to any passenger cars, light-duty trucks, medium-duty ve-
hicles, and medium- and heavy-duty engines certified to future on-
board diagnostic requirements adopted by the Air Resources Board.
(2) Motor vehicle and engine manufacturers shall comply with amend-
ments made to this section no later than 90 days after such amendments
are made effective by the Secretary of State. Copies of any amendments
to this section may be obtained upon request to the Chief of the Mobile
Source Operations Division at 9528 Telstar Avenue, El Monte, Califor-
nia 91731.
(b) Optional Regulatory Compliance.
(1) Motor vehicle manufacturers that produce engines for use on
heavy-duty vehicles may, for those engines, alternatively comply with
all service information and tool provisions of this regulation that are ap-
plicable to 1994 and subsequent model year passenger cars, light-duty
trucks, and medium-duty engines and vehicles, subject to Executive Of-
ficer approval. Implementation dates must comply with the service in-
formation provision dates applicable to engine manufacturers.
(2) Engine manufacturers of diesel-derived engines for use in me-
dium-duty vehicles may, for those engines, alternatively comply with all
service information and tool provisions of this regulation that are appli-
cable to 201 0 and subsequent model year heavy-duty engines, subject to
Executive Officer approval. Implementation dates must comply with the
service information provision dates applicable to motor vehicle
manufacturers.
(c) Severability of Provisions. If any provision of this section or its ap-
plication is held invalid, the remainder of the section and the application
of such provision to other persons or circumstances shall not be affected.
(d) Definitions. The definitions in section 1900(b), Division 3, Chap-
ter 9, Title 13 of the California Code of Regulations, apply with the fol-
lowing additions:
(1) "Access codes, recognition codes and encryption1' mean any type,
strategy, or means of encoding software, information, devices, or equip-
ment that would prevent the access to, use of, or proper function of any
emission-related part.
(2) "Authorized service network" means a group of independent ser-
vice and repair facilities that are recognized by motor vehicle manufac-
turers or engine manufacturers as being capable of performing repairs to
factory specifications, including warranty repair work.
(3) "Bi-directional control" means the capability of a diagnostic tool
to send messages on the data bus (if applicable) that temporarily override
a module's control over a sensor or actuator and give control to the diag-
nostic tool operator. Bi-directional controls do not create permanent
changes to engine or component calibrations.
(4) "Covered person" means: (1) any person or entity engaged in the
business of service or repair of passenger cars, light-duty trucks, or me-
dium-duty motor vehicles, engines, or transmissions who is licensed or
[The next page is 236.20(z)(ll).]
Page236.20(z)(10)(v)
Register 2007, No. 45; 11-9-2007
Title 13
Air Resources Board
§1969
registered with the Bureau of Automotive Repair, pursuant to section
9884.6 of the Business and Professions Code, to conduct that business in
California; (2) any person or entity engaged in the business of service or
repair of heavy-duty motor vehicles, engines, or transmissions; (3) any
commercial business or government entity that repairs or services its own
California motor vehicle fleet(s); (4) tool and equipment companies; or
(5) any person or entity engaged in the manufacture or remanufacture of
emission-related motor vehicle or engine parts for California motor ve-
hicles and motor vehicle engines.
(5) "Data stream information" means information that originates with-
in a vehicle or engine by a module or intelligent sensor (including, but
not limited to, a sensor that contains and is controlled by its own module)
and is transmitted between a network of modules and intelligent sensors
connected in parallel with either one or two communications wires. The
information is broadcast over communication wires for use by other
modules such as chassis or transmission modules to conduct normal ve-
hicle operation or for use by diagnostic tools. Data stream information
does not include engine calibration-related information.
(6) "Days" means calendar days (unless otherwise specified in this
section); in computing the time within which a right may be exercised or
an act is to be performed, the day of the event from which the designated
period runs shall not be included and the last day shall be included, unless
the last day falls on a Saturday, Sunday, or a California-recognized holi-
day observed by the subject motor vehicle manufacturer or engine
manufacturer, in which case the last day shall be the following day.
(7) "Diesel-derived engine" means an engine using a compression
ignition thermodynamic cycle and powered by either diesel fuel or alter-
native fuels such as liquefied petroleum gas or compressed natural gas.
(8) "Emission-related motor vehicle information" means 1994 and
subsequent model year passenger car, light-duty truck, and medium-
duty engine and vehicle information regarding any of the following:
(A) Any original equipment system, component, or part that controls
emissions.
(B) Any original equipment system, component, or part associated
with the powertrain system including, but not limited to, the fuel system
and ignition system.
(C) Any original equipment system or component that is likely to im-
pact emissions, including, but not limited to, the transmission system.
(9) "Emission-related engine information" means 2007 and subse-
quent model year heavy-duty engine information regarding any of the
following:
(A) Any original equipment system, component, or part that controls
emissions.
(B) Any original equipment system, component, or part associated
with the engine system including, but not limited to, the fuel system and
ignition system. For the purposes of this regulation, if an engine
manufacturer elects to have its OBD system monitor inputs received
from the transmission, the engine manufacturer is responsible for making
relevant transmission system information available pursuant to subsec-
tion (e)(2); it shall also make available, beginning with the 2010 model
year, and pursuant to subsection (e)(1), all corresponding repair informa-
tion needed to repair the malfunction and turn off the malfunction indica-
tor light.
(10) "Emission-related motor vehicle or engine part" means any di-
rect replacement automotive part or any automotive part certified by
Executive Order that may affect emissions from a motor vehicle or en-
gine, including replacement parts, consolidated parts, rebuilt parts, re-
manufactured parts, add-on parts, modified parts and specialty parts.
(11) "Engine manufacturer," for the purposes of this regulation and
unless otherwise noted, means any manufacturer of 2007 and subsequent
model year heavy-duty engines equipped with on-board diagnostic sys-
tems pursuant to title 13, California Code of Regulations, sections 1971
or 1971.1.
(12) "Enhanced data stream information" means data stream informa-
tion that is specific for a motor vehicle manufacturer's or an engine
manufacturer's brand of tools and equipment.
(13) "Enhanced diagnostic, recalibration, and reconfiguration tool"
means a proprietary tool developed by or for an engine manufacturer for
its engines that can perform emission-related functions including, but
not limited to, generic and enhanced tool diagnostic capability, recalibra-
tion, and reconfiguration.
(14) "Enhanced diagnostic tool" means a diagnostic tool that is specif-
ic to a motor vehicle manufacturer's vehicles or an engine manufactur-
er' s engines and which can be used for emission-related repair purposes.
(15) "Fair, reasonable, and nondiscriminatory price", for the purposes
of section 1969, means a price that allows a motor vehicle or engine
manufacturer to be compensated for the cost of providing required emis-
sion-related motor vehicle or engine information and diagnostic tools
considering the following:
(A) The net cost to the motor vehicle or engine manufacturer's fran-
chised dealerships or authorized service networks, as applicable, for sim-
ilar information obtained from motor vehicle manufacturers or engine
manufacturers, less any discounts, rebates or other incentive programs;
(B) The cost to the motor vehicle manufacturer or engine manufactur-
er, as applicable, for preparing and distributing the information, exclud-
ing any research and development costs incurred in designing and imple-
menting, upgrading or altering the onboard computer and its software or
any other vehicle part or component. Amortized capital costs for the
preparation and distribution of the information may be included;
(C) The price charged by other motor vehicle manufacturers or engine
manufacturers, as applicable, for similar information;
(D) The price charged by the motor vehicle manufacturer or engine
manufacturer, as applicable, for similar information immediately prior to
the applicability of this section;
(E) The ability of an average covered person to afford the information.
(F) The means by which the information is distributed;
(G) The extent to which the information is used, which includes the
number of users, and frequency, duration, and volume of use; and
(H) Inflation.
(16) "Generic scan tool" is a tool that can read standardized informa-
tion pursuant to title 13, California Code of Regulations, sections 1968.1 ,
1968.2, and/or 1971 .1 and that can be used on a number of different en-
gines manufactured by different manufacturers.
(17) "Initialization" or "reinitialization" means the process of reset-
ting a vehicle or engine security system by means of an ignition key or
access code(s).
(18) "Intermediary information repository" means any individual or
entity, other than a motor vehicle manufacturer or engine manufacturer,
which collects and makes available to covered persons service informa-
tion and/or information related to the development of emission-related
diagnostic tools.
(19) "Motor vehicle manufacturer," for the purposes of this section,
means any manufacturer of 1994 and subsequent model year engines or
vehicles in the following classes: passenger cars, light-duty trucks, and
medium-duty vehicles equipped with on-board diagnostic systems pur-
suant to title 13, California Code of Regulations, sections 1968.1 or
1968.2.
(20) "Nondiscriminatory" as used in the phrase "fair, reasonable, and
nondiscriminatory price" means that motor vehicle manufacturers and
engine manufacturers shall not set a price for emission-related motor ve-
hicle or engine information or tools that provides franchised dealerships
or authorized service networks with an unfair economic advantage over
covered persons.
(21) "On-board diagnostic system" or "OBD system" for purposes of
this section means any system certified to meet the requirements of title
13, California Code of Regulations, sections 1968.1, 1968.2, 1971,
1971.1, or future OBD requirements adopted by the Air Resources
Board.
(22) A "Reasonable business means" is a method or mode of distribu-
tion or delivery of information that is commonly used by businesses or
government to distribute or deliver and receive information at a fair, rea-
sonable, and nondiscriminatory price. A reasonable business mean in-
Page236.20(z)(ll)
Register 2007, No. 24; 6-15-2007
§1969
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
eludes, but is not limited to, the Internet, first-class mail, courier ser-
vices, intermediary information repositories, and fax services.
(23) "Recalibration" means the process of downloading to an engine' s
on-board computer emission-related, heavy-duty revisions of on-board
computer application software and calibration parameters with default
configurations. Recalibration is not dependent on the use of the vehicle
identification number (VIN) in determining vehicle configuration.
(24) "Reconfiguration" means the process of enabling or adjusting en-
gine features or engine parameters associated with such features to adapt
a heavy-duty engine to a particular vehicle and/or application.
(e)(1) Service Information. Except as expressly specified below, mo-
tor vehicle manufacturers and engine manufacturers shall respectively
make available for purchase to all covered persons all emission-related
motor vehicle information and emission-related engine information, as
applicable, that is provided to the motor vehicle manufacturer' s or engine
manufacturer's franchised dealerships or authorized service networks
for the engine or vehicle models they have certified in California. Motor
vehicle manufacturers and engine manufacturers electing to comply with
one of the options of subsection (b) shall make available the emission-re-
lated information for the vehicle class for which they opt to comply. The
information shall include, but is not limited to, diagnosis, service, and re-
pair information and procedures, technical service bulletins, trouble-
shooting guides, wiring diagrams, and training materials useful for self-
study outside a motor vehicle manufacturer's or engine manufacturer's
training classroom. Any motor vehicle manufacturer or engine manufac-
turer choosing to withhold training materials because it has determined
they are not useful for self-study as indicated above shall identify and de-
scribe the materials on its website. The motor vehicle manufacturer's or
engine manufacturer's determination is subject to Executive Officer re-
view and approval.
(2) On-Board Diagnostic System (OBD) Information. Motor vehicle
manufacturers and engine manufacturers shall make available for pur-
chase to all covered persons, a general description of each OBD system
used in 1996 and subsequent model year passenger cars, light-duty
trucks, and medium-duty engines and vehicles, and 2007 and subsequent
model year heavy-duty engines, which shall include the following:
(A) A general description of the operation of each monitor, including
a description of the parameter that is being monitored.
(B) A listing of all typical OBD diagnostic trouble codes associated
with each monitor.
(C) A description of the typical enabling conditions for each monitor
to execute during vehicle or engine operation, including, but not limited
to, minimum and maximum intake air and engine coolant temperature,
vehicle speed range, and time after engine startup. Motor vehicle
manufacturers and engine manufacturers must also make available all
existing monitor-specific OBD drive cycle information for all major
OBD monitors as equipped including, but not limited to, catalyst, catalyst
heater, oxygen sensor, oxygen sensor heater, evaporative system, ex-
haust gas recirculation, secondary air, and air conditioning system. As
applicable, manufacturers of diesel vehicles or engines must also make
available all existing monitor-specific drive cycle information for those
engines and vehicles that perform misfire, fuel system, and comprehen-
sive monitoring under specific driving conditions (i.e., non-continuous
monitoring).
(D) A listing of each monitor sequence, execution frequency and typi-
cal duration.
(E) A listing of typical malfunction thresholds for each monitor.
(F) For OBD parameters for specific vehicles and engines that deviate
from the typical parameters, the OBD description shall indicate the devi-
ation and provide a separate listing of the typical values for those vehicles
and engines. Subject to Executive Officer approval, manufacturers may
consolidate typical value listings into a range of values or another accept-
able format if the number of typical parameters is unduly burdensome to
list.
(G) Identification and Scaling Information.
1. For 1994 and subsequent model year passenger cars, light-duty
trucks, and medium-duty engines and vehicles, identification and scal-
ing information necessary to interpret and understand data available to
a generic scan tool through Service/Mode 6, pursuant to Society of Auto-
motive Engineers (SAE) J1979, "E/E Diagnostic Test Modes — Equiva-
lent to ISO/DIS 15031-5: April 30. 2002," April 2002, which is incorpo-
rated by reference in title 13, California Code of Regulations, sections
1968.1 and 1968.2.
2. For 2013 and subsequent model year heavy-duty engines, identifi-
cation and scaling information necessary to interpret and understand data
available through Diagnostic Message 8 pursuant to SAE Recommended
Practice J 1939-73 or through Service/Mode $06 pursuant to Society of
Automotive Engineers (SAE) J 1979, "E/E Diagnostic Test Modes —
Equivalent to ISO/DIS 15031-5: April 30, 2002," April 2002, both of
which are incorporated by reference in title 13, California Code of Regu-
lations, section 1971.1.
(H) Except as provided below, the information required by this sub-
section does not include specific algorithms, specific software code or
specific calibration data beyond those required to be made available
through the generic scan tool pursuant to the requirements of title 13,
California Code of Regulations, sections 1968.1, 1968.2, 1971.1, as ap-
plicable, and all future adopted OBD regulations for passenger cars,
light-duty trucks, medium-duty engines and vehicles, and heavy-duty
engines. Algorithms, software codes, or calibration data that are made
available to franchised dealerships or authorized service networks shall
be made available for purchase to covered persons. To the extent pos-
sible, motor vehicle manufacturers and engine manufacturers shall orga-
nize and format the information so that it will not be necessary to divulge
specific algorithms, codes, or calibration data considered to be a trade se-
cret by the motor vehicle manufacturer or engine manufacturer.
(3) On-Board Computer Initialization Procedures.
(A) Consistent with the requirements of subsection (i) below, motor
vehicle manufacturers and engine manufacturers shall make available
for purchase to all covered persons computer or anti-theft system initial-
ization information for vehicles or engines so equipped necessary for:
1. The proper installation of on-board computers on motor vehicles or
engines that employ integral vehicle security systems; or
2. The repair or replacement of any other emission-related part.
(B) Motor vehicle manufacturers and engine manufacturers must
make this information available for purchase in a manner that will not re-
quire a covered person to purchase enhanced diagnostic tools to perform
the initialization. Motor vehicle manufacturers and engine manufactur-
ers may make such information available through, for example, generic
aftermarket tools, a pass-through device, or inexpensive manufacturer-
specific cables.
(C) A motor vehicle manufacturer or engine manufacturer may re-
quest Executive Officer approval to be excused from the requirements
above for some or all model year vehicles or engines, as applicable,
through the 2009 model year. The Executive Officer shall approve the
request upon finding that the motor vehicle manufacturer or engine
manufacturer has demonstrated that:
1 . The availability of such information to covered persons would sig-
nificantly increase the risk of vehicle theft;
2. A technical and economic need for such a request exists; and
3. It will make available to covered persons reasonable alternative
means to install computers, or to otherwise repair or replace an emission-
related part, at a fair, reasonable, and nondiscriminatory price and that
such alternative means do not place covered persons, as a class, at a com-
petitive disadvantage to either franchised dealerships or authorized ser-
vice networks in their ability to service and repair vehicles or engines.
a. Any alternative means shall be available to covered persons within
24 hours of the initial request and shall not require the purchase of en-
hanced diagnostic tools to perform an initialization. Alternatives may in-
clude lease of such tools, but only at a fair, reasonable and nondiscrimina-
tory price.
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b. In lieu of leasing its enhanced diagnostic tools, a motor vehicle
manufacturer or engine manufacturer may alternatively make available
for purchase to independent equipment and tool companies all data
stream information needed to make their diagnostic tools fully functional
for initialization purposes. Any motor vehicle manufacturer or engine
manufacturer choosing this option must release the information to equip-
ment and tool companies within 60 days of Executive Officer approval.
(D) All approvals are conditional and subject to audit under subsection
(/) below and possible rescission if the conditions set forth in subsection
(e)(3)(C) fail to be satisfied.
(4) The information required by this subsection shall be made avail-
able for purchase no later than 1 80 days after the start of engine or vehicle
introduction into commerce or concurrently with its availability to fran-
chised dealerships or authorized service networks, whichever occurs
first.
(0 Internet Availability for Service Information.
(1 ) Information required to be made available for purchase under sub-
section (e), excluding subsection (e)(3), shall be directly accessible via
the Internet. As an exception, motor vehicle manufacturers or engine
manufacturers with annual California sales of less than 300 engines or
vehicles (based on the average number of California-certified engines or
vehicles sold by the motor vehicle manufacturer or engine manufacturer
in the three previous consecutive model years) have the option not to pro-
vide required materials directly over the Internet. Such motor vehicle
manufacturers and engine manufacturers may instead propose an alter-
native reasonable business means for providing the information required
by this section to the Executive Officer for review and approval. The al-
ternate method shall include an Internet website that adequately specifies
that the required service information is readily available through other
reasonable business means at fair, reasonable, and nondiscriminatory
prices. If a motor vehicle manufacturer or engine manufacturer later ex-
ceeds the three-year sales average, it would be required to begin comply-
ing with all Internet availability requirements the next model year. In
such cases, the requirements would apply only to those engine and ve-
hicle models certified in that and subsequent model years and would not
apply to any models that were within carry-over test groups that were ini-
tially certified before the sales average was exceeded.
(2) For purposes of making the information available for purchase via
the Internet, motor vehicle manufacturers and engine manufacturers, or
their designees, shall establish and maintain an Internet website(s) that:
(A) Is accessible at all times, except during times required for routine
and emergency maintenance. Routine maintenance shall be scheduled
after normal business hours. If the motor vehicle manufacturer's or en-
gine manufacturer's service information website(s) is not available for
more than 24 hours for other than routine maintenance, the motor vehicle
manufacturer or engine manufacturer, as applicable, shall notify the
Executive Officer by either phone or email within one business day.
(B) Houses all of the required information such that it is available for
direct online access (i.e., for online viewing and/or file downloading),
except as provided in subsections (e)(3), (f)(2)(G) and (f)(2)(J). In addi-
tion to direct online access, motor vehicle manufacturers and engine
manufacturers may concurrently offer the information by means of elec-
tronic mail, fax transmission, or other reasonable business means.
(C) Is written in English with all text using readable font sizes.
(D) Has clearly labeled and descriptive headings or sections, has an
online index connected to a search engine and/or hyperlinks that directly
take the user to the information, and has a comprehensive search engine
that permits users to obtain information by various query terms includ-
ing, but not limited to, engine, transmission, or vehicle model (as applica-
ble), model year, bulletin number, diagnostic procedure, and trouble
code.
(E) Provides, at a minimum, e-mail access for communication with a
designated contact person(s). The contact person(s) shall respond to any
inquiries within 2 days of receipt, Monday through Friday. The website
shall also provide a business address for the purposes of receiving mail,
including overnight or certified mail.
(F) Lists the most recent updates to the website. Updates must occur
concurrently with the availability of new or revised information to fran-
chised dealerships or authorized service networks, whichever occurs
first.
(G) Provides all training materials offered by the motor vehicle
manufacturer or engine manufacturer, as applicable, as required under
subsection (e)(1). For obtaining any training materials that are not in a
format that can be readily downloaded directly from the Internet (e.g.,
instmctional tapes, full-text information associated with bundled soft-
ware, CD-ROMs, or other media), the website must include information
on the type of materials that are available, and how such materials can be
purchased.
(H) Offers media files (if any) and other service information docu-
ments in formats that can be viewed with commonly available software
programs (e.g., Adobe Acrobat. Microsoft Word, RealPlayer, etc.).
(I) Provides secure Internet connections (i.e., certificate-based) for
transfer of payment and personal information.
(J) Provides ordering information and instructions for the purchase of
tools and information that are required to be made available pursuant to
subsections (g) and (h).
(K) Complies with the following requirements for term, definitions,
abbreviations, and acronyms:
1. For 2003 and subsequent model-year passenger cars, light duty
trucks, and medium-duty engines and vehicles, complies with the SAE
Recommended Practice J 1930, "Electrical/Electronic Systems, Diag-
nostic Terms, Definitions, Abbreviations, and Acronyms — Equivalent
to ISO/TR 15031-2: April 30, 2002," April 2002, incorporated by refer-
ence herein, for all emission-related motor vehicle information.
2. For 2010 and later model year heavy-duty engines, emission-re-
lated nomenclature shall comply with SAE J2403, "Medium/Heavy-
Duty E/E Systems Diagnosis Nomenclature," August 2004, incorporated
by reference herein.
(L) Complies with the following website performance criteria:
1 . Possesses sufficient server capacity to allow ready access by all us-
ers and has sufficient downloading capacity to assure that all users may
obtain needed information without undue delay.
2. Broken weblinks shall be corrected or deleted weekly.
3. Website navigation does not require a user to return to the motor ve-
hicle manufacturer' s or engine manufacturer' s home page or a search en-
gine in order to access a different portion of the site. The use of "one-up"
links (i.e., links that connect to related webpages that preceded the one
being viewed) is recommended at the bottom of subordinate webpages
in order to allow a user to stay within the desired subject matter.
4. Any manufacturer-specific acronym or abbreviation shall be de-
fined in a glossary webpage which, at a minimum, is hyperlinked by each
webpage that uses such acronyms and abbreviations. Motor vehicle
manufacturers and engine manufacturers may request Executive Officer
approval to use alternate methods to define such acronyms and abbrevi-
ations. The Executive Officer shall approve such methods if the motor
vehicle manufacturer or engine manufacturer adequately demonstrates
that the method provides equivalent or better ease-of-use to the website
user.
(M) Indicates the minimum hardware and software specifications re-
quired for satisfactory access to the website(s).
(3) All information must be maintained by motor vehicle manufactur-
ers and engine manufacturers for a minimum of fifteen years. After such
time, the information may be retained in an off-line electronic format
(e.g., CD-ROM) and made available for purchase in that format at fair,
reasonable, and nondiscriminatory prices upon request. Motor vehicle
manufacturers and engine manufacturers shall index their available ar-
chived information with a title that adequately describes the contents of
the document to which it refers. Motor vehicle manufacturers and engine
manufacturers may allow for the ordering of information directly from
the website, or from a website hyperlinked to the motor vehicle manufac-
turer' s or engine manufacturer's website. In the alternative, motor ve-
hicle manufacturers and engine manufacturers shall list a phone number
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BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
and address where covered persons can call or write to obtain requested
information through reasonable business means.
(4) Motor vehicle manufacturers and engine manufacturers must im-
plement fair, reasonable, and nondiscriminatory pricing structures rela-
tive to a range of time periods for online access (e.g.. in cases where in-
formation can be viewed online) and/or the amount of information
purchased (e.g., in cases where information becomes viewable after
downloading). These pricing structures shall be submitted to the Execu-
tive Officer for review concurrently with being posted on the motor ve-
hicle manufacturer's or engine manufacturer's service information web-
site(s).
(5) Motor vehicle manufacturers and engine manufacturers must pro-
vide the Executive Officer with free, unrestricted access to their Internet
websites. Access shall include the ability to directly view and download
posted service information. The information necessary to access the
websites (e.g., user name, password, contact person(s)) must be sub-
mitted to the Executive Officer once the websites are operational.
(6) Reporting Requirements. Motor vehicle manufacturers and engine
manufacturers shall provide the Executive Officer with reports that ade-
quately demonstrate that their individual Internet websites meet the re-
quirements of subsection (f)(2). The reports shall also indicate the perfor-
mance and effectiveness of the websites by using commonly used
Internet statistics (e.g., successful requests, frequency of use, number of
subscriptions purchased, etc.). Motor vehicle manufacturers and engine
manufacturers shall submit such reports annually within 30 days of the
end of the calendar year. The Executive Officer may also require motor
vehicle manufacturers and engine manufacturers to submit additional re-
ports upon request, including any information required by the United
States Environmental Protection Agency under the federal service in-
formation regulation. These reports shall be submitted in a format pre-
scribed by the Executive Officer.
(g) Light-Duty and Medium-Duty Vehicle Diagnostic and Repro-
gramming Tools and Information.
( 1 ) Diagnostic and Reprogramming Tools. Motor vehicle manufactur-
ers shall make available for purchase through reasonable business means
to all covered persons, all emission-related enhanced diagnostic tools
and reprogramming tools available to franchised dealers, including soft-
ware and data files used in such equipment. The motor vehicle manufac-
turer shall ship purchased tools to a requesting covered person as expedi-
tiously as possible after a request has been made.
(2) Data Stream and Bi-Directional Control Information. Motor ve-
hicle manufacturers shall make available for purchase through reason-
able business means, to all equipment and tool companies, all informa-
tion necessary to read and format all emission-related data stream
information, including enhanced data stream information, that is used in
diagnostic tools available to franchised dealerships or authorized service
networks, and all information that is needed to activate all emission-re-
lated bi-directional controls that can be activated by franchised dealer-
ship or authorized service network tools. Motor vehicle manufacturers
may require, as a condition of sale, that the business agreement contain
indemnity or "'hold harmless" clauses that relieve the motor vehicle
manufacturer from any liability resulting from damage caused by tools
produced by the tool and equipment company that is otherwise not attrib-
utable to the data provided by the motor vehicle manufacturer. Motor ve-
hicle manufacturers shall make all required information available
through the Internet or other reasonable business means to the requesting
equipment and tool company within 14 days after the request to purchase
has been made, unless the motor vehicle manufacturer petitions the
Executive Officer for approval to refuse to disclose such information
("petition for non-disclosure") to the requesting company or petitions
the Executive Officer for additional time to comply ('"petition for addi-
tional time"). After receipt of a petition and consultation with the affected
parties, the Executive Officer shall either grant or refuse the petition
based on the evidence submitted during the consultation process:
(A) If the evidence demonstrates that the motor vehicle manufacturer
has a reasonably based belief that the requesting equipment and tool
company could not produce safe and functionally accurate tools that
would not cause damage to the vehicle, a petition for non-disclosure will
be granted.
(B) If the evidence demonstrates that the motor vehicle manufacturer
does not have a reasonably-based belief that the requesting equipment
and tool company could not produce safe and functionally accurate tools
that would not cause damage to the vehicle, a petition for non-disclosure
will be denied and the motor vehicle manufacturer shall make the re-
quested information available to the requesting equipment and tool com-
pany within 2 days of the denial.
(C) If the motor vehicle manufacturer submits a petition for additional
time, and satisfactorily demonstrates to the Executive Officer that the
motor vehicle manufacturer is able to comply but requires additional
time within which to do so, the Executive Officer shall grant the petition
and provide additional time that is necessary to fully and expeditiously
comply. Petitions for additional time shall be considered by the Execu-
tive Officer on a case-by-case basis.
(3) Reprogramming Information.
(A) Beginning with the 2004 model year, reprogramming methods
used for passenger cars, light-duty trucks, and medium-duty engines
and vehicles shall be compatible with SAE J2534-1 Paper, "Recom-
mended Practice for Pass-Thru Vehicle Programming, December 2004,
which is incorporated by reference herein, for all vehicle models that can
be reprogrammed by franchised dealerships or authorized service net-
works.
(B) Motor vehicle manufacturers shall make available for purchase
through reasonable business means to covered persons for vehicle mod-
els meeting the requirements of subsection (g)(3)(A) all vehicle repro-
gramming information and materials necessary to install motor vehicle
manufacturers' software and calibration data to the extent that it is pro-
vided to franchised dealerships. The motor vehicle manufacturer shall,
within 2 days of receipt of a covered person's request, provide purchased
reprogramming information via an Internet download or, if available in
a different electronic format, via postal mail or package delivery service.
(4) The information and tools required by this subsection shall be
made available for purchase no later than 180 days after the start of ve-
hicle introduction into commerce or concurrently with its availability to
franchised dealerships or authorized service networks, whichever occurs
first.
(h) Heavy-Duty Engine Enhanced Diagnostic, Recalibration, and Re-
configuration Tools and Information.
( 1 ) (A) Engine manufacturers shall continue to make available for pur-
chase through reasonable business means all emission-related diagnos-
tic tools currently available to covered persons, including installation
software and data files used in such equipment. Beginning with the 201 3
model year, engine manufacturers shall also make available for purchase
all emission-related enhanced diagnostic tools, recalibration tools, and
reconfiguration tools available to franchised dealerships and authorized
service networks, including installation software and data files used in
such equipment. The engine manufacturer shall ship purchased tools to
a requesting covered person as expeditiously as possible after a request
has been made. As a condition for sale and shipment, however, an engine
manufacturer may request that the requesting covered persons to take all
necessary training offered by the engine manufacturer. Any required
training materials and classes must comply with the following condi-
tions:
1 . similar training must be required by the engine manufacturer for the
use of the same tool by its franchised dealerships and authorized service
networks, and the training required for covered persons must be substan-
tially similar to such training in terms of material covered and length of
training classes;
2. the training must be available within six months after a tool request
has been made;
3. the training must be available at a minimum of one California loca-
tion; and
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§1969
•
4. the training must be made available to the covered person at a fair,
reasonable and nondiscriminatory price.
(B) Recalibration and reconfiguration software, methods, and param-
eters shall be made available for purchase through reasonable business
means to covered persons. Recalibration information and methods shall
be compatible with either SAE J2534-J, December 2004, or the
Technology and Maintenance Council's (TMC) Recommended Practice
RP1210A, "Windows™ Communication API," July 1999, which are in-
corporated by reference herein.
(2) Data Stream and Bi-Directional Control Information.
(A) Beginning with the 2013 model year, engine manufacturers shall
make available for purchase through reasonable business means, to all
equipment and tool companies, all information necessary to read and for-
mat all emission-related data stream information, including enhanced
data stream information, that is used in diagnostic tools available to fran-
chised dealerships or authorized service networks, and all information
that is needed to activate all emission-related bi-directional controls that
can be activated by franchised dealership or authorized service network
tools. Engine manufacturers shall make all required information avail-
able through the Internet or other reasonable business means to the re-
questing equipment and tool company within 14 days after the request to
purchase has been made, unless the engine manufacturer petitions the
Executive Officer for approval to refuse to disclose such information
("petition for non-disclosure") to the requesting company or petitions
the Executive Officer for additional time to comply ("petition for addi-
tional time"). After receipt of a petition and consultation with the affected
parties, the Executive Officer shall either grant or refuse the petition
based on the evidence submitted during the consultation process:
1. If the evidence demonstrates that the engine manufacturer has a rea-
sonably based belief that the requesting equipment and tool company
could not produce safe and functionally accurate tools that would not
cause damage to the engine, the petition for non-disclosure will be
granted. Engine manufacturers are not required to provide data stream
and bi-directional control information that would permit an equipment
and tool company's products to modify a California-certified engine or
transmission configuration.
2. If the evidence does not demonstrate that the engine manufacturer
has a reasonably-based belief that the requesting equipment and tool
company could not produce safe and functionally accurate tools that
would not cause damage to the engine, the petition for non-disclosure
will be denied and the engine manufacturer, as applicable, shall make the
requested information available to the requesting equipment and tool
company within 2 days of the denial.
3. If the engine manufacturer submits a petition for additional time,
and satisfactorily demonstrates to the Executive Officer that the motor
vehicle manufacturer is able to comply but requires additional time with-
in which to do so, the Executive Officer shall grant the petition and pro-
vide additional time to fully and expeditiously comply. Petitions for addi-
tional time shall be considered by the Executive Officer on a
case-by-case basis.
(B) Engine manufacturers may require that tools using information
covered under subsection (h)(2)(A) comply with the Component Identi-
fier message specified in SAE Jl 939-71, dated December 2003, as Pa-
rameter Group Number (PGN) 65249 (including the message parame-
ter's make, model, and serial number) and the SAE Jl 939-8 1 , dated May
2003, Address Claim PGN.
(C) An engine manufacturer may require, as a condition of sale of its
tools, that the business agreement contain indemnity or "hold harmless"
clauses that relieve the engine manufacturer from any liability resulting
from damage caused by tools produced by the tool and equipment com-
pany that is otherwise not attributable to the data provided by the engine
manufacturer.
(3) The information and tools required by this subsection shall be
made available for purchase no later than 180 days after the start of en-
gine introduction into commerce or concurrently with its availability to
franchised dealerships or authorized service networks, whichever occurs
first.
(i) Costs: AH information and tools required to be provided to covered
persons by this regulation shall be made available for purchase at a fair,
reasonable, and nondiscriminatory prices.
(j) Motor vehicle manufacturers and engine manufacturers shall not
utilize any access code, recognition code or encryption for the purpose
of preventing a vehicle or engine owner from using an emission-related
motor vehicle or engine part (with the exception of the powertrain control
module, engine control modules and transmission control modules, as
applicable), that has not been manufactured by that motor vehicle
manufacturer or engine manufacturer or any of its original equipment
suppliers.
(k) Trade Secrets: Motor vehicle manufacturers and engine manufac-
turers may withhold trade secret information (as defined in the Uniform
Trade Secret Act contained in Title 5 of the California Civil Code) which
otherwise must be made available for purchase, subject to the following:
(1) At the time of initial posting of all information required to be pro-
vided under subsections (e) through (h) above, a motor vehicle manufac-
turer or engine manufacturer shall identify, by brief description on its In-
ternet website, any information that it believes to be a trade secret and not
subject to disclosure.
(2) A covered person, believing that a motor vehicle manufacturer or
engine manufacturer has not fully provided all information that is re-
quired to be provided under subsections (e) through (h) above shall sub-
mit a request in writing by certified mail to the motor vehicle manufactur-
er for release of the information.
(3) Upon receipt of the request for information, a motor vehicle
manufacturer or engine manufacturer shall do the following:
(A) If it had not previously made the information available for pur-
chase because of an oversight, it shall make the information available
within 2 days from receipt of the request directly to the requesting cov-
ered person at a fair, reasonable, and nondiscriminatory price and by rea-
sonable business means. Additionally, the motor vehicle manufacturer
or engine manufacturer shall, within 7 days, make such information
available for purchase to other covered persons consistent with the re-
quirements of this regulation.
(B) If it has not made the requested information available for purchase
because it believes the information to be a trade secret, it shall within 14
days, notify the requesting covered person that it considers the informa-
tion to be a trade secret, provide justification in support of its position,
and make reasonable efforts to see if the matter can be resolved informal-
iy-
(C) If during this 14 day period set forth in subsection (k)(3)(B), the
motor vehicle manufacturer or engine manufacturer determines that the
information is, in fact, not a trade secret, it shall immediately notify the
requesting covered person of its determination and make the information
available within the timeframes and means set forth in subsection
(k)(3)(A)
(D) If the parties can informally resolve the matter, the motor vehicle
manufacturer or engine manufacturer shall within 2 days provide the re-
questing covered person with all of the information that is subject to dis-
closure consistent with that agreement. The motor vehicle manufacturer
or engine manufacturer shall also, within 7 days, make such information
available for purchase to other covered persons consistent with the re-
quirements of this regulation.
(E) If the matter cannot be informally resolved, the motor vehicle
manufacturer or engine manufacturer shall, within 30 days from the date
that it notified the requesting covered person that it considers the in-
formation to be a trade secret, or such longer period the parties may mutu-
ally agree upon, petition the California superior court for declaratory re-
lief to make a finding that the information is exempt from disclosure
because it is a trade secret. The petition shall be filed in accordance with
the California Code of Civil Procedure section 395 et seq. The petition
shall be accompanied with a declaration stating facts that show that the
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motor vehicle manufacturer or engine manufacturer has made a reason-
able and good faith attempt to informally resolve the matter.
(/) Executive Officer Review of Compliance.
(1 ) The Executive Officer shall monitor compliance with the require-
ments of Health and Safety Code section 43105.5 and this regulation.
(2) The Executive Officer, through the Chief of the Mobile Source Op-
erations Division (Division Chief), shall periodically audit a motor ve-
hicle manufacturer's or engine manufacturer's Internet website(s) and
other distribution sources to determine whether the information require-
ments of Health and Safety Code section 43105.5 and this regulation are
being fulfilled. Motor vehicle manufacturers and engine manufacturers
must provide the Executive Officer with free unrestricted access to the
sites and other sources for the purposes of an audit.
(3) The Division Chief shall also commence an audit upon receipt of
a request from a covered person that provides reasonable cause to believe
that a motor vehicle manufacturer or engine manufacturer is not in com-
pliance.
(A) Such a request shall be in the form of a written declaration setting
forth specific details of the alleged noncompliance of the motor vehicle
manufacturer or engine manufacturer. The declaration shall also set forth
facts that demonstrate that the requesting covered person has undertaken
efforts to resolve the matter informally with the named motor vehicle
manufacturer or engine manufacturer.
(B) The covered person shall concurrently provide a copy of the audit
request on the motor vehicle manufacturer or engine manufacturer
against whom the request has been filed.
(C) The Division Chief shall determine if the request, on its face, sets
forth facts establishing reasonable cause to believe that that motor ve-
hicle manufacturer or engine manufacturer is in noncompliance with
Health and Safety Code section 43105.5 or this regulation and that the
covered person has undertaken reasonable efforts to informally resolve
the alleged noncompliance with the motor vehicle manufacturer or en-
gine manufacturer directly. If the Division Chief determines that the re-
quest satisfies these conditions, he or she shall conduct an audit of the
designated motor vehicle manufacturer's or engine manufacturer's Inter-
net website. Otherwise, the Division Chief shall dismiss the request and
notify the requesting covered person and the affected motor vehicle
manufacturer or engine manufacturer of his or her determination.
(4) In conducting any audit, the Division Chief may require the motor
vehicle manufacturer or engine manufacturer to provide the ARB with
all information and materials related to compliance with the require-
ments of Health and Safety Code section 43 105.5 and this regulation, in-
cluding but not limited to:
(A) Copies of all books, records, correspondence or documents in its
possession or under its control that the motor vehicle manufacturer or en-
gine manufacturer is required to provide to persons engaged in the ser-
vice and repair industries and to equipment and tool companies under
subsections (d) through (h) of this regulation, and
(B) Any and all reports or records developed or compiled either for or
by the motor vehicle manufacturer or engine manufacturer to monitor
performance of its Internet site(s).
(5) In conducting the audit, the Division Chief may order or subpoena
the motor vehicle manufacturer or engine manufacturer, the party filing
the request for inspection, or any other person with possible knowledge
of the issue of noncompliance to appear in person and testify under oath.
The Division Chief may also request or subpoena such persons to provide
any additional information that the Division Chief deems necessary to
determine any issue of noncompliance.
(6) Except for good cause, the audit shall be completed within 60 days
from the date that the Division Chief notifies the motor vehicle manufac-
turer or engine manufacturer about the audit. At the conclusion of the au-
dit, the Division Chief shall issue a written determination, with support-
ing findings, regarding compliance by the motor vehicle manufacturer or
engine manufacturer.
(7) If the Division Chief finds sufficient credible evidence that the mo-
tor vehicle manufacturer or engine manufacturer is not in compliance
with any requirements of Health and Safety Code section 43105.5 or this
regulation, the determination shall be in the form of a notice to comply
against the motor vehicle manufacturer or engine manufacturer.
(8) The Division Chief's determination not to issue a notice to comply
against a motor vehicle manufacturer or engine manufacturer is subject
to limited review by the Executive Officer.
(A) A covered person may only request that the Executive Officer re-
view a determination that it specifically requested pursuant to subsection
(/)(3) above.
(B) The covered person shall file the request for Executive Officer re-
view within 10 days from the date of issuance of the Division Chief's de-
termination.
1. The request shall be filed to the attention of the Executive Officer
c/o Clerk of the Board, Air Resources Board, P.O. Box 2815, Sacramen-
to, CA 95812-2815. A copy of the request shall be concurrently served
on the motor vehicle manufacturer that was the subject of the audit and
determination.
2. The request shall set forth specific facts and reasons why the deter-
mination should be reviewed and supporting legal authority for why a no-
tice to comply should have been issued.
(C) The motor vehicle manufacturer or engine manufacturer may file
an opposition to the request for review within 10 days from the date of
service of the request for review.
(D) The Executive Officer shall issue a determination within 30 days
from the last day that the motor vehicle manufacturer or engine manufac-
turer had to file an opposition. The Executive Officer may affirm the de-
cision of the Division Chief; remand the matter back to the Division
Chief for further consideration or evidence; or issue a notice to comply
against the motor vehicle manufacturer or engine manufacturer.
(9) Within 30 days from the date of issuance of a notice to comply, the
motor vehicle manufacturer or engine manufacturer shall either:
(A) Submit to the Executive Officer a compliance plan that adequately
demonstrates that the motor vehicle manufacturer or engine manufactur-
er will come into compliance with this section within 45 days from the
date of submission of the plan, or such longer period that the Executive
Officer deems appropriate to allow the motor vehicle manufacturer or en-
gine manufacturer to properly remedy the noncompliance; or
(B) Request an administrative hearing to consider the basis or scope
of the notice to comply.
(10) If the motor vehicle manufacturer or engine manufacturer elects
to submit a compliance plan, the Executive Officer shall review the plan
and issue a written determination, within 30 days, either accepting or re-
jecting the plan. The Executive Officer shall reject the compliance plan
if the Executive Officer finds that it will not bring the motor vehicle
manufacturer or engine manufacturer into compliance within 45 days
from the date that the plan would have been approved, or such longer pe-
riod that the Executive Officer deemed appropriate to allow the motor ve-
hicle manufacturer or engine manufacturer to properly remedy the non-
compliance. The Executive Officer shall notify the motor vehicle
manufacturer or engine manufacturer in writing of his or her determina-
tion, and that the Executive Officer will be seeking administrative review
pursuant to subsection (m) below.
(11) After approving a proposed compliance plan, if the Executive Of-
ficer determines that the motor vehicle manufacturer or engine manufac-
turer has failed to comply with the terms of the plan, the Executive Offi-
cer shall notify the motor vehicle manufacturer or engine manufacturer
of his or her determination and that he or she will be seeking administra-
tive review pursuant to subsection (m) below.
(m) Administrative Hearing Review.
( I ) A motor vehicle manufacturer or engine manufacturer may request
that a hearing officer review the basis and scope of the notice to comply.
Failure by the motor vehicle manufacturer or engine manufacturer to re-
quest such a review and failing, in the alternative, to submit a compliance
plan as required by subsection (/)(9)(A) shall result in the Executive Offi-
cer's determination becoming final and may subject the motor vehicle
•
•
Page236.20(z)(16)
Register 2007, No. 24; 6-15-2007
Title 13
Air Resources Board
§1971
•
manufacturer or engine manufacturer to penalties pursuant to Health and
Safety Code section 43105.5(f) and subsection (/).
(2) The Executive Officer shall forward the following matters to a
hearing officer for appropriate administrative review, including, if war-
ranted, consideration of penalties:
(A) A compliance plan that it has rejected pursuant to subsection
(/)(10).
(B) A notice to comply that has been issued against a motor vehicle
manufacturer or engine manufacturer who has failed to either request ad-
ministrative review of the Executive Officer determination, or, in the al-
ternative, to submit a compliance plan.
(C) An Executive Officer determination that a motor vehicle manufac-
turer or engine manufacturer has failed to satisfy the terms of a com-
pliance plan it has submitted in response to a notice to comply.
(3) Administrative hearings under this regulation shall be conducted
pursuant to the procedures set forth in title 1 7, California Code of Regula-
tions, section 60060. 1 et seq.
(n) Penalties.
(1) If after an administrative hearing, the hearing officer finds that the
motor vehicle manufacturer or engine manufacturer has failed to comply
with any of the requirements of this section, and the motor vehicle
manufacturer or engine manufacturer fails to correct the violation within
30 days from the date of his finding, the hearing officer may impose a civ-
il penalty upon the motor vehicle manufacturer or engine manufacturer
in an amount not to exceed $25,000 per day (including Saturdays, Sun-
days, and observed holidays) per violation until the violation is corrected.
The hearing officer may immediately impose a civil penalty in cases
where a motor vehicle manufacturer or engine manufacturer has failed
to act in accordance with a compliance plan it has previously submitted.
(2) For purposes of this section, a finding by a hearing officer that a
motor vehicle manufacturer or engine manufacturer has failed to comply
with the requirements of Health and Safety Code section 43105.5 and
title 13, California Code of Regulations, section 1969 et seq., including
the failure to submit a timely compliance plan, shall be considered a
single violation.
NOTE: Authority cited: Sections 39600, 39601, 43000.5, 43018, 43105.5 and
43700, Health and Safety Code. Reference: Sections 39027.3, 43 104 and 43105.5,
Health and Safety Code.
History
1. New section filed 9-12-2002; operative 10-1-2002 pursuant to Government
Code section 11343.4 (Register 2002, No. 37).
2. Amendment of section heading, section and Note filed 1-7-2005; operative
2-6-2005 (Register 2005, No. 1).
3. Amendment of section heading and section filed 6-15-2007; operative
7-15-2007 (Register 2007, No. 24).
§ 1970. Fuel Evaporative Emissions — 1973 Through 1977
Model-Year Heavy-Duty Gasoline-Powered
Vehicles.
NOTE: Authority cited: Sections 39600 and 39601, Health and Safety Code. Ref-
erence: Sections 39002, 39003, 43000, 43013, 43100 and 43101, Health and Safe-
ty Code.
History
1 . Change without regulatory effect repealing section filed 3-1 8-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 12).
§ 1971. Engine Manufacturer Diagnostic System
Requirements — 2007 and Subsequent
Model-Year Heavy-Duty Engines.
(a) Purpose.
The purpose of this regulation is to establish requirements for engine
manufacturer diagnostic systems (EMD systems) that are designed and
installed by engine manufacturers on 2007 and subsequent model-year
engines certified for sale in heavy-duty vehicles in California. The EMD
systems, through the use of a computer(s), shall monitor emission sys-
tems in-use for the actual life of the engine and shall be capable of detect-
ing malfunctions of the monitored emission systems, illuminating a mal-
function indicator light (MIL) to notify the vehicle operator of detected
malfunctions, and storing diagnosis information regarding the detected
malfunctions.
(b) Applicability.
Except as specified elsewhere in this regulation (title 13, CCR section
1971), all 2007 and subsequent model-year gasoline-fueled and diesel-
fueled on-road heavy-duty engines shall be equipped with an EMD sys-
tem and shall meet all applicable requirements of this regulation.1
(c) Definitions.
(1) "Actual life" refers to the entire period that an engine is operated
on public roads in California up to the time an engine is retired from use.
(2) "Deactivate" means to turn-off, shutdown, desensitize, or other-
wise make inoperable through software programming or other means
during the actual life of the engine.
(3) "Engine" for the purpose of this regulation means on-road heavy-
duty engine.
(4) ''Engine manufacturer" is the holder of the Executive Order for the
engine family.
(5) "'Functional check" for an output component or system means veri-
fication of proper response of the component and system to a computer
command.
(6) "Heavy-duty vehicle" means any motor vehicle having a gross ve-
hicle weight rating greater than 14,000 pounds.
(7) "Key on, engine off position" refers to a vehicle with the ignition
key in the engine run position (not engine crank or accessory position)
but with the engine not running.
(8) "Malfunction" means any deterioration or failure of a component
that causes the performance to be outside of the applicable limits in sec-
tion (e).
(9) "On-road heavy-duty engine" means an engine and related after-
treatment components certified to the requirements of title 13, CCR sec-
tions 1956.1 or 1956.8.
(10) "Rationality fault diagnostic" for an input component means veri-
fication of the accuracy of the input signal while in the range of normal
operation and when compared to all other available information.
(d) General Requirements.
(1) The EMD System.
(A) If a malfunction is present as specified in section (e), the EMD sys-
tem shall detect the malfunction.
(B) The EMD system shall provide diagnostic information to service
and repair technicians to identify detected malfunctions.
(C) The EMD system shall be designed to operate, without any re-
quired scheduled maintenance, for the actual life of the engine in which
it is installed and may not be programmed or otherwise designed to deac-
tivate based on age and/or mileage of the vehicle during the actual life of
the engine. This section is not intended to alter existing law and enforce-
ment practice regarding an engine manufacturer's liability for an engine
beyond its useful life, except where an engine has been programmed or
otherwise designed so that an EMD system deactivates based on age and/
or mileage of the engine.
(2) MIL Requirements.
(A) MIL Specifications.
1 . The MIL shall be of sufficient illumination and location to be readily
visible under all lighting conditions. The MIL, when illuminated, shall
display a phrase or icon determined by the engine manufacturer to be
likely to cause the vehicle operator to seek corrective action. In lieu of
a dedicated MIL, engine manufacturers may utilize an existing warning
light(s) to also satisfy the requirements of the MIL.
2. The MIL shall illuminate in the key on, engine off position before
engine cranking to indicate that the MIL is functional. This functional
check of the MIL is not required during vehicle operation in the key on,
engine off position subsequent to the initial engine cranking of an igni-
tion cycle (e.g., due to an engine stall or other non-commanded engine
shutoff).
(B) Illuminating the MIL.
Page236.20(z)(16)(a)
Register 2007, No. 24; 6-15-2007
§1971
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
Once a malfunction has been detected, the EMD system shall illumi-
nate the MIL in accordance with the engine manufacturer' s existing prac-
tices for notifying vehicle operators and service technicians.
(C) Extinguishing the MIL.
Once the MIL has been illuminated, it may be extinguished upon the
EMD system determining that the malfunction is no longer present pro-
vided no other malfunction has been detected that would independently
illuminate the MIL according to the requirements outlined above.
(3) Monitoring Conditions.
Engine manufacturers shall define monitoring conditions for detect-
ing malfunctions identified in section (e) and for determining if malfunc-
tions no longer exist.
(e) Monitoring Requirements.
(1) Fuel System Monitoring.
(A) Requirement: The EMD system shall monitor the fuel delivery
system.
(B) Malfunction Criteria: If the engine is equipped with feedback con-
trol of the fuel pressure, the EMD system shall detect a malfunction of
the fuel system when the feedback control system has used up all of the
adjustment allowed by the engine manufacturer and cannot achieve the
desired fuel pressure.
(2) Exhaust Gas Recirculation (EGR) System Monitoring.
(A) Requirement: The EMD system shall monitor the EGR system on
engines so-equipped.
(B) Malfunction Criteria:
1 . Low Flow: The EMD system shall detect a malfunction of the EGR
system when the system has reached its control limits such that it cannot
increase EGR flow to achieve the commanded flow rate.
2. High Flow: The EMD system shall detect a malfunction of the EGR
system when the system has reached its control limits such that it cannot
reduce EGR flow to achieve the commanded flow rate.
(3) Particulate Matter (PM) Trap Monitoring.
(A) Requirement: The EMD system shall monitor the PM trap on en-
gines so-equipped.
(B) Malfunction Criteria:
1. Excessive Backpressure: The EMD system shall detect a malfunc-
tion when the PM trap fails to regenerate, clogs, or otherwise malfunc-
tions such that it causes the backpressure in the exhaust system to exceed
the engine manufacturer's specified limits for operation.
2. Missing substrate: The EMD system shall detect a malfunction if ei-
ther the PM trap substrate is completely destroyed, removed, or missing,
or if the PM trap assembly is replaced with a straight pipe.
(4) Emission-Related Electronic Component Monitoring.
(A) Requirement: The EMD system shall monitor for malfunction of
any electronic component/system that either provides input to (directly
or indirectly) or receives commands from the on-board computer(s),
and: ( 1 ) is defined by the engine manufacturer as emission-related, or (2)
is used as part of the diagnostic strategy for any other emission-related
monitored system or component.
(B) Malfunction Criteria:
1. Input Components: Where determined by the engine manufacturer
to be feasible given existing hardware and software, the EMD system
shall detect malfunctions of input components caused by a lack of circuit
continuity, out-of-range values, and rationality faults.
2. Output Components/Systems: Where determined by the engine
manufacturer to be feasible given existing hardware and software, the
EMD system shall detect a malfunction of an output component/system
when proper functional response of the component and system to com-
puter commands does not occur or when a lack of circuit continuity or
circuit fault occurs (e.g., short to ground or high voltage).
(f) Certification. The Executive Officer shall grant certification for the
EMD system upon the engine manufacturer submitting the following
certification information:
(1 ) A description of the functional operation of the EMD system.
(2) A listing of all electronic engine input and output signals (including
those not monitored by the EMD system) that identifies which signals are
monitored by the EMD system.
(g) Deficiencies. The Executive Officer may certify EMD systems
installed on engines even though the systems do not comply with one or
more of the requirements of title 13, CCR section 197 1. In granting the
certification, the Executive Officer shall consider the following factors:
the extent to which the requirements of section 1971 are satisfied overall
based on a review of the engine applications in question, the relative per-
formance of the resultant EMD system compared to systems fully com-
pliant with the requirements of section 1971, and a demonstrated good-
faith effort on the part of the engine manufacturer to: (1) meet the
requirements in full by evaluating and considering the best available
monitoring technology; and (2) come into compliance as expeditiously
as possible. Engine manufacturers shall not be subject to limitations on
the number of granted deficiencies nor subject to fines for granted defi-
ciencies.
Unless otherwise noted, all section references refer to section 1971 of title 13,
CCR.
NOTE: Authority cited: Sections 39600, 39601, 43000.5. 43013, 43018, 43100,
43101 and 43104, Health and Safety Code. Reference: Sections 39002. 39003,
39010, 39018, 39021.5, 39024, 39024.5, 39027, 39027.3, 39028. 39029, 39031,
39032. 39032.5, 39033, 39035, 39037.05, 39037.5, 39038, 39039, 39040, 39042,
39042.5, 39046, 39047, 39053, 39054, 39058, 39059, 39060, 39515. 39600,
39601, 43000, 43000.5, 43004, 43006, 43013, 43016, 43018, 43100, 43101,
43102, 43104, 43105, 43105.5, 43106, 43150, 43151, 43152, 43153, 43154,
43155, 43156, 43204, 43211 and 43212, Health and Safety Code.
[The next page is 236.20(z)(17).
Page 236.20(z) (16)(b)
Register 2007, No. 24; 6-15-2007
Title 13
Air Resources Board
§ 1971.1
History
I. New section filed 12-27-2004; operative 1-26-2005 (Register 2004, No. 53).
§ 1 971 .1 . On-Board Diagnostic System
Requirements — 2010 and Subsequent
Model-Year Heavy-Duty Engines.
(a) Purpose. The purpose of this regulation is to establish emission
standards and other requirements for onboard diagnostic systems (OBD
systems) that are installed on 2010 and subsequent model-year engines
certified for sale in heavy-duty applications in California. The OBD sys-
tems, through the use of an onboard computer(s), shall monitor emission
systems in-use for the actual life of the engine and shall be capable of de-
tecting malfunctions of the monitored emission systems, illuminating a
malfunction indicator light (MIL) to notify the vehicle operator of de-
tected malfunctions, and storing fault codes identifying the detected mal-
functions.
(b) Applicability. Except as specified in section (d)(7) and elsewhere
in this regulation (title 13, CCR section 1971.1), all 2010 and subsequent
model-year heavy-duty engines shall be equipped with an OBD-system
and shall meet all applicable requirements of this regulation (title 13,
CCR section 1971.1). '
(c) Definitions.
"Actual life" refers to the entire period that an engine is operated on
public roads in California up to the time an engine is retired from use.
"Applicable standards" refers to the specific exhaust emission stan-
dards or family emission limits (FEL), including the Federal Test Proce-
dure (FTP) and Supplemental Emission Test (SET) standards, to which
the engine is certified.
"Base fuel schedule" refers to the fuel calibration schedule pro-
grammed into the Powertrain Control Module or programmable read-
only memory (PROM) when manufactured or when updated by some
off-board source, prior to any learned on-board correction.
"Auxiliary Emission Control Device (AECD)" refers to any approved
AECD (as defined by 40 Code of Federal Regulations (CFR) 86.082-2).
"Calculated load value" refers to the percent of engine capacity being
used and is defined in Society of Automotive Engineers (SAE) J 1979
"E/E Diagnostic Test Modes — Equivalent to ISO/DIS 1503 1-5: April
30, 2002," April 2002 (SAE J1979), incorporated by reference (section
(h)(1.4)). For diesel applications, the calculated load value is determined
by the ratio of current engine output torque to maximum engine output
torque at current engine speed as defined by parameter definition 5.2.1 .7
of SAE J 1939-71.
"Confirmed fault code," for purposes of engines using International
Standards Organization (ISO) 15765-4, is defined as the diagnostic
trouble code stored when an OBD system has confirmed that a malfunc-
tion exists (e.g., typically on the second driving cycle that the malfunc-
tion is detected) in accordance with the requirements of sections (d)(2),
(f),(g), and (h)(4.4).
"Continuously," if used in the context of monitoring conditions for cir-
cuit continuity, lack of circuit continuity, circuit faults, and out-of-range
values, means sampling at a rate no less than two samples per second. If
a computer input component is sampled less frequently for engine con-
trol purposes, the signal of the component may instead be evaluated each
time sampling occurs.
"Deactivate" means to turn-off, shutdown, desensitize, or otherwise
make inoperable through software programming or other means during
the actual life of the engine.
"Diagnostic or emission critical" electronic control unit refers to the
engine and any other on-board electronic powertrain control unit con-
taining software that has primary control over any of the monitors re-
quired by sections (e)(1) through (f)(9), (g)(1) through (g)(2), and (g)(4)
or has primary control over the diagnostics for more than two of the com-
ponents required to be monitored by section (g)(3).
"Diesel engine" refers to an engine using a compression ignition ther-
modynamic cyc)e.
"Driving cycle" is defined as a trip that meets any of the four condi-
tions below:
(a) Begins with engine start and ends with engine shutoff;
(b) Begins with engine start and ends after four hours of continuous
engine-on operation;
(c) Begins at the end of the previous four hours of continuous engine-
on operation and ends after four hours of continuous engine-on opera-
tion; or
(d) Begins at the end of the previous four hours of continuous engine-
on operation and ends with engine shutoff.
For monitors that run during engine-off conditions, the period of en-
gine-off time following engine shutoff and up to the next engine start
may be considered part of the driving cycle for conditions (a) and (d). For
vehicles that employ engine shutoff strategies that do not require the ve-
hicle operator to restart the engine to continue driving (e.g., hybrid bus
with engine shutoff at idle), the manufacturer may request Executive Of-
ficer approval to use an alternate definition for driving cycle (e.g., key on
and key off). Executive Officer approval of the alternate definition shall
be based on equivalence to engine startup and engine shutoff signaling
the beginning and ending of a single driving event for a conventional ve-
hicle. Engine restarts following an engine shut-off that has been neither
commanded by the vehicle operator nor by the engine control strategy
but caused by an event such as an engine stall may be considered a new
driving cycle or a continuation of the existing driving cycle. For engines
that are not likely to be routinely operated for long continuous periods of
time, a manufacturer may also request Executive Officer approval to use
an alternate definition for driving cycle (e.g., solely based on engine start
and engine shutoff without regard to four hours of continuous engine-on
time). Executive Officer approval of the alternate definition shall be
based on manufacturer-submitted data and/or information demonstrat-
ing the typical usage, operating habits, and/or driving patterns of these
vehicles.
"Engine family" means a grouping of vehicles or engines in a
manufacturer's product line determined in accordance with 40 CFR
86.098-24.
"Engine rating" means a unique combination of displacement, rated
power, calibration (fuel, emission, and engine control), AECDs, and oth-
er engine and emission control components within an engine family.
"OBD parent rating" means the specific engine rating selected accord-
ing to section (d)(7.1.1) or (d)(7.2.2)(B) for compliance with section
1971.1.
"OBD child rating" means an engine rating (other than the OBD parent
rating) within the engine family containing the OBD parent rating se-
lected according to section (d)(7.1.1) or an engine rating within the OBD
group(s) defined according to section (d)(7.2.1) and subject to section
(d)(7.2.3).
"Engine misfire" means lack of combustion in the cylinder due to ab-
sence of spark, poor fuel metering, poor compression, or any other cause.
This does not include lack of combustion events in non-active cylinders
due to default fuel shut-off or cylinder deactivation strategies.
"Engine start" is defined as the point when the engine reaches a speed
150 rpm below the normal, warmed-up idle speed (as determined in the
drive position for vehicles equipped with an automatic transmission). For
hybrid vehicles or for engines employing alternate engine start hardware
or strategies (e.g., integrated starter and generators.), the manufacturer
may request Executive Officer approval to use an alternate definition for
engine start (e.g., ignition key "on"). Executive Officer approval of the
alternate definition shall be based on equivalence to an engine start for
a conventional vehicle.
"Family Emission Limit (FEL)" refers to the exhaust emission levels
to which an engine family is certified under the averaging, banking, and
trading program incorporated by reference in title 13, CCR section
1956.8.
"Fault memory" means information pertaining to malfunctions stored
in the onboard computer, including fault codes, stored engine conditions,
and MIL status.
"Federal Test Procedure (FTP) test" refers to an exhaust emission test
conducted according to the test procedures incorporated by reference in
Page236.20(z)(17)
Register 2006, No. 7; 2-17-2006
§ 1971.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
title 13, CCR section 1956.8(b) and (d) thai is used to determine com-
pliance with the FTP standard to which an engine is certified.
"FTP cycle". For engines certified on an engine dynamometer, FTP
cycle refers to the engine dynamometer schedule in 40 CFR appendix 1
of part 86, section (f)(1), entitled, "EPA Engine Dynamometer Schedule
for Heavy-Duty Otto-Cycle Engines," or section (0(2), entitled, "EPA
Engine Dynamometer Schedule for Heavy-Duty Diesel Engines."
"FTP standard" refers to the certification exhaust emission standards
and test procedures applicable to the FTP cycle incorporated by reference
in title 13, CCR sections 1956.8(b) and (d) to which the engine is certi-
fied.
"Fuel trim" refers to feedback adjustments to the base fuel schedule.
Short-term fuel trim refers to dynamic or instantaneous adjustments.
Long-term fuel trim refers to much more gradual adjustments to the fuel
calibration schedule than short-term trim adjustments.
"Functional check" for an output component or system means verifi-
cation of proper response of the component and system to a computer
command.
"Gasoline engine" refers to an Otto-cycle engine or an alternate-
fueled engine.
"Heavy-duty engine" means an engine that is used to propel a heavy-
duty vehicle.
"Heavy-duty vehicle" means any motor vehicle having a manufactur-
er's gross vehicle weight rating (GVWR) greater than 14,000 pounds.
"Ignition Cycle" means a driving cycle that begins with engine start,
meets the engine start definition for at least two seconds plus or minus
one second, and ends with engine shutoff.
"Keep-alive memory (KAM)," for the purposes of this regulation, is
defined as a type of memory that retains its contents as long as power is
provided to the on-board control unit. KAM is not erased upon shutting
off the engine but may be erased if power to the on-board control unit is
interrupted (e.g., vehicle battery disconnected, fuse to control unit re-
moved). In some cases, portions of KAM may be erased with a scan tool
command to reset KAM.
"Key on, engine off position" refers to a vehicle with the ignition key
in the engine run position (not engine crank or accessory position) but
with the engine not running.
"Malfunction" means any deterioration or failure of a component that
causes the performance to be outside of the applicable limits in sections
(e) through (g).
"Manufacturer" for the purpose of this regulation means the holder of
the Executive Order for the engine family.
"MIL-on fault code," for purposes of engines using Society of Auto-
motive Engineers (SAE) J1939, refers to the diagnostic trouble code
stored when an OBD system has confirmed that a malfunction exists
(e.g., typically on the second driving cycle that the malfunction is de-
tected) and has commanded the MIL on in accordance with the require-
ments of sections (d)(2), (e), (g), and (h)(4.4).
"Not-To-Exceed (NTE) control area" refers to the bounded region of
the engine's torque and speed map, as defined in 40 CFR 86.1370-2007,
where emissions must not exceed a specific emission cap for a given pol-
lutant under the NTE requirement.
"Manufacturer-specific NOx NTE carve-out area" refers to regions
within the NTE control area for NOx where the manufacturer has limited
NTE testing as allowed by 40 CFR 86. 1370-2001 (b)(7).
"Manufacturer-specific PM NTE carve-out area" refers to regions
within the NTE control area for PM where the manufacturer has limited
NTE testing as allowed by 40 CFR 86. 1370-200 1(b)(7).
"NTE deficiency" refers to regions or conditions within the NTE con-
trol area for NOx or PM where the manufacturer has received a deficien-
cy as allowed by 40 CFR 86.007-1 l(a)(4)(iv).
"Non-volatile random access memory (NVRAM)," for the purposes
of this regulation, is defined as a type of memory that retains its contents
even when power to the on-board control unit is interrupted (e.g., vehicle
battery disconnected, fuse to control unit removed). NVRAM is typically
made non-volatile either by use of a back-up battery within the control
unit or through the use of an electrically erasable and programmable
read-only memory (EEPROM) chip.
"OBD group" refers to a combination of engines, engine families, or
engine ratings that use the same OBD strategies and similar calibrations.
A manufacturer is required to submit a grouping plan for Executive Offi-
cer review and approval detailing the OBD groups and the engine fami-
lies and engine ratings within each group for a model year.
"Pending fault code" is defined as the diagnostic trouble code stored
upon the initial detection of a malfunction (e.g., typically on a single driv-
ing cycle) prior to illumination of the MIL in accordance with the require-
ments of sections (d)(2), (e) through (g), and (h)(4.4).
"Permanent fault code" is defined as a confirmed or MIL-on fault
code that is currently commanding the MIL on and is stored in NVRAM
as specified in sections (d)(2) and (h)(4.4).
"Percentage of misfire" as used in sections (e)(2) and (f)(2) means the
percentage of misfires out of the total number of firing events for the spe-
cified interval.
"Power Take-Off (PTO) unit" refers to an engine driven output provi-
sion for the purposes of powering auxiliary equipment (e.g., a dump-
truck bed, aerial bucket, or tow-truck winch).
"Previously MIL-on fault code," for purposes of engines using SAE
J 1 939, is defined as the diagnostic trouble code stored when an OBD sys-
tem has confirmed that a malfunction no longer exists (e.g., after the third
consecutive driving cycle in which the corresponding monitor runs and
the malfunction is not detected), extinguishes the MIL, and erases the
corresponding MIL-on fault code in accordance with the requirements
of sections (d)(2), (e), (g), and (h)(4.4).
"Rationality fault diagnostic" for an input component means verifica-
tion of the accuracy of the input signal while in the range of normal opera-
tion and when compared to all other available information.
"Redline engine speed" shall be defined by the manufacturer as either
the recommended maximum engine speed as normally displayed on
instrument panel tachometers or the engine speed at which fuel shutoff
occurs.
"Response rate" for exhaust gas sensors refers to the delay between a
change in sensor output in response to a commanded change in the sensed
exhaust gas parameter. Specifically, the response rate is the delay from
the time when the exhaust gas sensor is exposed to an increase/decrease
of the exhaust gas parameter to the time when the exhaust gas sensor indi-
cates the increase/decrease of the sensed parameter (e.g., for an oxygen
sensor, response rate is the delay from the time when the sensor is ex-
posed to a change in exhaust gas from richer/leaner than stoichiometric
to leaner/richer than stoichiometric to the time when the sensor indicates
the lean/rich condition; for a NOx sensor, response rate is the delay from
the time when the sensor is exposed to an increase/decrease in NOx con-
centration to the time when the sensor indicates the increased/decreased
NOx concentration).
"Secondary air" refers to air introduced into the exhaust system by
means of a pump or aspirator valve or other means that is intended to aid
in the oxidation of HC and CO contained in the exhaust gas stream.
"Similar conditions" as used in sections (e)(2), (f)(1), and (f)(2) means
engine conditions having an engine speed within 375 rpm, load condi-
tions within 20 percent, and the same warm-up status (i.e., cold or hot)
as the engine conditions stored pursuant to (e)(2.4.2)(C), (f)(1.4.5), and
(f)(2.4.4). The Executive Officer may approve other definitions of simi-
lar conditions based on comparable timeliness and reliability in detecting
similar engine operation.
"Start of production" is the time when the manufacturer has produced
two percent of the projected volume for the engine or vehicle, whichever
is being evaluated in accordance with section (/).
"Supplemental Emission Test (SET) cycle" refers to the driving
schedule defined as the "supplemental steady state emission test" in 40
CFR 86.1360-2007.
"SET standard" refers to the certification exhaust emission standards
and test procedures applicable to the SET cycle incorporated by refer-
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ence in title 13, CCR sections 1956.8(b) and (d) to which the engine is
certified.
"Warm-up cycle" means sufficient vehicle operation such that the
coolant temperature has risen by at least 40 degrees Fahrenheit from en-
gine start and reaches a minimum temperature of at least 160 degrees
Fahrenheit ( 1 40 degrees Fahrenheit for applications with diesel engines).
"Weighted sales number" means a manufacturer's projected sales
number for engines to be used in California heavy-duty vehicles multi-
plied by a weight class factor. Sales numbers for engines for heavy-duty
vehicles less than 1 9,499 pounds G VWR shall be multiplied by 1 .0. Sales
numbers for engines for heavy-duty vehicles from 19.500 to 33,000
pounds shall be multiplied by 1.68. Sales numbers for engines for heavy-
duty vehicles greater than 33.000 pounds and urban buses shall be multi-
plied by 3.95.
(d) General Requirements
Section (d) sets forth the general requirements of the OBD system.
Specific performance requirements for components and systems that
shall be monitored are set forth in sections (e) through (g) below. The
OBD system is required to detect all malfunctions specified in sections
(e) through (g). However, except as specified elsewhere, the OBD system
is not required to use a unique monitor to detect each malfunction speci-
fied.
(1) The OBD System.
(1.1) If a malfunction is present as specified in sections (e) through (g),
the OBD system shall detect the malfunction, store a pending, confirmed,
MIL-on, or previously MIL-on fault code in the onboard computer's
memory, and illuminate the MIL as required.
(1.2) The OBD system shall be equipped with a standardized data link
connector to provide access to the stored fault codes as specified in sec-
tion (h).
(1.3) The OBD system shall be designed to operate, without any re-
quired scheduled maintenance, for the actual life of the engine in which
it is installed and may not be programmed or otherwise designed to deac-
tivate based on age and/or mileage of the vehicle during the actual life of
the engine. This section is not intended to alter existing law and enforce-
ment practice regarding a manufacturer's liability for an engine beyond
its useful life, except where an engine has been programmed or otherwise
designed so that an OBD system deactivates based on age and/or mileage
of the engine.
(1.4) Computer-coded engine operating parameters may not be
changeable without the use of specialized tools and procedures (e.g. sol-
dered or potted computer components or sealed (or soldered) computer
enclosures). Subject to Executive Officer approval, manufacturers may
exempt from this requirement those product lines that are unlikely to re-
quire protection. Criteria to be evaluated in making an exemption include
current availability of performance chips, performance capability of the
engine, and sales volume.
(2) MIL and Fault Code Requirements.
(2.1) MIL Specifications.
(2.1.1) The MIL shall be located on the driver's side instrument panel
and be of sufficient illumination and location to be readily visible under
all lighting conditions and shall be amber in color when illuminated. The
MIL, when illuminated, shall display the International Standards Orga-
nization (ISO) engine symbol. There shall be only one MIL used to indi-
cate all faults detected by the OBD system on a single vehicle.
(2. 1 .2) The MIL shall illuminate in the key on, engine off position be-
fore engine cranking to indicate that the MIL is functional. The MIL shall
continuously illuminate during this functional check for a minimum of
15-20 seconds. During this functional check of the MIL, the data stream
value for MIL status shall indicate commanded off (see section (h)(4.2))
unless the MIL has also been commanded on for a detected malfunction.
This functional check of the MIL is not required during vehicle operation
in the key on, engine off position subsequent to the initial engine crank-
ing of an ignition cycle (e.g., due to an engine stall or other non-comman-
ded engine shutoff).
(2.1.3) At the manufacturer's option, the MIL may be used to indicate
readiness status in a standardized format (see section (h)(4.1 .3)) in the
key on, engine off position.
(2.1.4) A manufacturer may request Executive Officer approval to
also use the MIL to indicate which, if any, fault codes are currently stored
(e.g., to "blink" the stored codes). The Executive Officer shall approve
the request upon determining that the manufacturer has demonstrated
that the method used to indicate the fault codes wi 1 1 not be unintentional ly
activated during a California inspection test or during routine driver op-
eration.
(2. 1 .5) The MIL may not be used for any purpose other than specified
in this regulation.
(2.2) MIL Illumination and Fault Code Storage Protocol.
(2.2.1) For vehicles using the ISO 15765-4 protocol for the standard-
ized functions required in section (h):
(A) Upon detection of a malfunction, the OBD system shall store a
pending fault code within 10 seconds indicating the likely area of the
malfunction.
(B) After storage of a pending fault code, if the identified malfunction
is again detected before the end of the next driving cycle in which moni-
toring occurs, the OBD system shall illuminate the MIL continuously,
keep the pending fault code stored, and store a confirmed fault code with-
in 10 seconds. If a malfunction is not detected before the end of the next
driving cycle in which monitoring occurs (i.e., there is no indication of
the malfunction at any time during the driving cycle), the corresponding
pending fault code set according to section (d)(2.2.I)(A) shall be erased
at the end of the driving cycle.
(C) A manufacturer may request Executive Officer approval to
employ alternate statistical MIL illumination and fault code storage pro-
tocols to those specified in these requirements. The Executive Officer
shall grant approval upon determining that the manufacturer has pro-
vided data and/or engineering evaluation that demonstrate that the alter-
native protocols can evaluate system performance and detect malfunc-
tions in a manner that is equally effective and timely. Strategies requiring
on average more than six driving cycles for MIL illumination may not be
accepted.
(D) The OBD system shall store and erase "freeze frame" conditions
(as defined in section (h)(4.3)) present at the time a malfunction is de-
tected. The storage and erasure of freeze frame conditions shall be done
in conjunction with the storage and erasure of either pending or con-
firmed fault codes as required elsewhere in section (d)(2.2).
(E) The OBD system shall illuminate the MIL and store a confirmed
fault code within 10 seconds to inform the vehicle operator whenever the
engine enters a default or "limp home" mode of operation that can affect
emissions or the performance of the OBD system or in the event of a mal-
function of an on-board computer(s) itself that can affect the perfor-
mance of the OBD system. If the default or "limp home" mode of opera-
tion is recoverable (i.e., operation automatically returns to normal at the
beginning of the following ignition cycle), the OBD system may wait and
illuminate the MIL and store the confirmed fault code only if the default
or "limp home" mode of operation is again entered before the end of the
next ignition cycle in lieu of illuminating the MIL within 10 seconds on
the first driving cycle where the default or "limp home" mode of opera-
tion is entered.
(F) Before the end of an ignition cycle, the OBD system shall store
confirmed fault codes that are currently causing the MIL to be illumi-
nated in NVRAM as permanent fault codes (as defined in section
(h)(4.4.1)(F)).
(2.2.2) For vehicles using the SAE J1939 protocol for the standardized
functions required in section (h):
(A) Upon detection of a malfunction, the OBD system shall store a
pending fault code within 10 seconds indicating the likely area of the
malfunction.
(B) After storage of a pending fault code, if the identified malfunction
is again detected before the end of the next driving cycle in which moni-
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toring occurs, the OBD system shall illuminate the MIL continuously,
erase the pending fault code, and store a MIL-on fault code within 10 se-
conds. If a malfunction is not detected before the end of the next driving
cycle in which monitoring occurs (i.e., there is no indication of the mal-
function at any time during the driving cycle), the corresponding pending
fault code set according to section (d)(2.2.2)(A) shall be erased at the end
of the driving cycle.
(C) A manufacturer may request Executive Officer approval to
employ alternate statistical MIL illumination and fault code storage pro-
tocols to those specified in these requirements. The Executive Officer
shall grant approval upon determining that the manufacturer has pro-
vided data and/or engineering evaluation that demonstrate that the alter-
native protocols can evaluate system performance and detect malfunc-
tions in a manner that is equally effective and timely. Strategies requiring
on average more than six driving cycles for MIL illumination may not be
accepted.
(D) Storage and erasure of freeze frame conditions.
(i) The OBD system shall store and erase "freeze frame" conditions (as
defined in section (h)(4.3)) present at the time a malfunction is detected.
(ii) The OBD system shall store freeze frame conditions in conjunction
with the storage of a pending fault code.
(iii) If the pending fault code is erased in the next driving cycle in
which monitoring occurs and a malfunction is not detected (as described
under section (d)(2.2.2)(B)), the OBD system may erase the correspond-
ing freeze frame conditions.
(iv) If the pending fault code matures to a MIL-on fault code (as de-
scribed under section (d)(2.2.2)(B)), the OBD system shall either retain
the currently stored freeze frame conditions or replace the stored freeze
frame conditions with freeze frame conditions regarding the MIL-on
fault code. The OBD system shall erase the freeze frame information in
conjunction with the erasure of the previously MIL-on fault code (as de-
scribed under section (d)(2.3.2)(C)).
(E) The OBD system shall illuminate the MIL and store a MIL-on
fault code within 1 0 seconds to inform the vehicle operator whenever the
engine enters a default or "limp home" mode of operation that can affect
emissions or the performance of the OBD system or in the event of a mal-
function of an on-board computer(s) itself that can affect the perfor-
mance of the OBD system. If the default or "limp home" mode of opera-
tion is recoverable (i.e., operation automatically returns to normal at the
beginning of the following ignition cycle), the OBD system may wait and
illuminate the MIL only if the default or "limp home" mode of operation
is again entered before the end of the next ignition cycle in lieu of illumi-
nating the MIL within 1 0 seconds on the first driving cycle where the de-
fault or "limp home" mode of operation is entered.
(F) Before the end of an ignition cycle, the OBD system shall store
MIL-on fault codes that are currently causing the MIL to be illuminated
in NVRAM as permanent fault codes (as defined in section
(h)(4.4.2)(F)).
(2.3) MIL Extinguishing and Fault Code Erasure Protocol.
(2.3.1) For vehicles using the ISO 15765-4 protocol for the standard-
ized functions required in section (h):
(A) Extinguishing the MIL. Except as otherwise provided in sections
(tX L4.6), (f)(2.4.5), and (f)(V.4.2) for fuel system, misfire, and evapora-
tive system malfunctions, once the MIL has been illuminated, it may be
extinguished after three subsequent sequential driving cycles during
which the monitoring system responsible for illuminating the MIL func-
tions and the previously detected malfunction is no longer present pro-
vided no other malfunction has been detected that would independently
illuminate the MIL according to the requirements outlined above.
(B) Erasing a confirmed fault code. The OBD system may erase a con-
firmed fault code if the identified malfunction has not been again de-
tected in at least 40 engine warm-up cycles and the MIL is presently not
illuminated for that malfunction.
(C) Erasing a permanent fault code. The OBD system shall erase a per-
manent fault code only if either of the following conditions occur:
(i) The OBD system itself determines thai the malfunction that caused
the confirmed fault code to be stored is no longer present and is not com-
manding the MIL on, concurrent with the requirements of section
(d)(2.3.1)(A),or
(ii) Subsequent to a clearing of the fault information in the on-board
computer (i.e., through the use of a scan tool or battery disconnect), the
diagnostic for the malfunction that caused the permanent fault code to be
stored has fully executed (i.e., has executed the minimum number of
checks necessary for MIL illumination) and determined the malfunction
is no longer present.
(2.3.2) For vehicles using the SAE J1939 protocol for the standardized
functions required in section (h):
(A) Extinguishing the MIL. Except as otherwise provided in sections
(e)(2.4.2)(D) and (e)(6.4.2) for misfire malfunctions and empty reduc-
tant tanks, once the MIL has been illuminated, it may be extinguished af-
ter three subsequent sequential driving cycles during which the monitor-
ing system responsible for illuminating the MIL functions and the
previously detected malfunction is no longer present provided no other
malfunction has been detected that would independently illuminate the
MIL according to the requirements outlined above.
(B) Erasing a MIL-on fault code. The OBD system may erase a MIL-
on fault code in conjunction with extinguishing the MIL as described un-
der section (d)(2.3.2)(A). In addition to the erasure of the MIL-on fault
code, the OBD system shall store a previously MIL-on fault code for that
failure.
(C) Erasing a previously MIL-on fault code. The OBD system may
erase a previously MIL-on fault code if the identified malfunction has
not been again detected in at least 40 engine warm-up cycles and the MIL
is presently not illuminated for that malfunction.
(D) Erasing a permanent fault code. The OBD system shall erase a per-
manent fault code only if either of the following conditions occur:
(i) The OBD system itself determines that the malfunction that caused
the MIL-on fault code to be stored is no longer present and is not com-
manding the MIL on, concurrent with the requirements of section
(d)(2.3.2)(A), or
(ii) Subsequent to a clearing of the fault information in the on-board
computer (i.e., through the use of a scan tool or battery disconnect), the
diagnostic for the malfunction that caused the permanent fault code to be
stored has fully executed (i.e., has executed the minimum number of
checks necessary for MIL illumination) and determined the malfunction
is no longer present.
(2.4) Exceptions to MIL and Fault Code Requirements.
(2.4. 1 ) If the engine enters a default mode of operation, a manufacturer
may request Executive Officer approval to be exempt from illuminating
the MIL if any of the following conditions listed below occurs. The
Executive Officer shall approve the request upon determining that the
manufacturer has submitted data and/or engineering evaluation that
verify the conditions below:
(A) The default strategy causes an overt indication (e.g., illumination
of a red engine shut-down warning light) such that the driver is certain
to respond and have the problem corrected; or
(B) The default strategy is an AECD that is properly activated due to
the occurrence of conditions that have been approved by the Executive
Officer.
(2.4.2) For gasoline engines, a manufacturer may elect to meet the
MIL and fault code requirements in title 13, CCR section 1968.2(d)(2)
in lieu of meeting the requirements of (d)(2).
(3) Monitoring Conditions.
Section (d)(3) sets forth the general monitoring requirements while
sections (e) through (g) sets forth the specific monitoring requirements
as well as identifies which of the following general monitoring require-
ments in section (d)(3) are applicable for each monitored component or
system identified in sections (e) through (g).
(3.1) For all engines:
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(3.1.1) As specifically provided for in sections (e) through (g),
manufacturers shall define monitoring conditions, subject to Executive
Officer approval, for detecting malfunctions identified in sections (e)
through (g). The Executive Officer shall approve manufacturer-defined
monitoring conditions that are determined (based on manufacturer-sub-
mitted data and/or other engineering documentation) to be: technically
necessary to ensure robust detection of malfunctions (e.g., avoid false
passes and false indications of malfunctions); designed to ensure moni-
toring will occur under conditions that may reasonably be expected to be
encountered in normal vehicle operation and use; and designed to ensure
monitoring will occur during the FTP cycle.
(3.1.2) Monitoring shall occur at least once per driving cycle in which
the monitoring conditions are met.
(3.1.3) Manufacturers may request Executive Officer approval to de-
fine monitoring conditions that are not encountered during the FTP cycle
as required in section (d)(3.1.1). In evaluating the manufacturer's re-
quest, the Executive Officer shall consider the degree to which the re-
quirement to run during the FTP cycle restricts in-use monitoring, the
technical necessity for defining monitoring conditions that are not en-
countered during the FTP cycle, data and/or an engineering evaluation
submitted by the manufacturer which demonstrate that the component/
system does not normally function, or monitoring is otherwise not feasi-
ble, during the FTP cycle, and, where applicable in section (d)(3.2), the
ability of the manufacturer to demonstrate the monitoring conditions will
satisfy the minimum acceptable in-use monitor performance ratio re-
quirement as defined in section (d)(3.2).
(3.2) As specifically provided for in sections (e) through (g), manufac-
turers shall define monitoring conditions in accordance with the criteria
in sections (d)(3.2.1) through (3.2.3).
(3.2.1) Manufacturers shall implement software algorithms in the
OBD system to individually track and report in-use performance of the
following monitors in the standardized format specified in section (d)(5):
(A) NMHC converting catalyst (section (e)(5.3.1))
(B) NOx converting catalyst (section (e)(6.3.1))
(C) Catalyst (section (f)(6.3));
(D) Exhaust gas sensor (sections (e)(9.3.1)(A) or (f)(8.3.1)(A));
(E) Evaporative system (section (f)(7.3.2));
(F) EGR system (sections (e)(3.3.2) and (3.3.3) or (f)(3.3. 1)) and VVT
system (sections (e)(10.3) or (0(9.3));
(G) Secondary air system (section (0(5.3.1));
(H) PM filter (section (e)(8.3));
(I) Boost pressure control system (sections (e)(4.3.2) and (e)(4.3.3));
and
(J) NOx adsorber (section (e)(7.3.1)).
The OBD system is not required to track and report in-use perfor-
mance for monitors other than those specifically identified above.
(3.2.2) For all 2013 and subsequent model year engines, manufactur-
ers shall define monitoring conditions that, in addition to meeting the cri-
teria in sections (d)(3.1) and (d)(3.2.1), ensure that the monitor yields an
in-use performance ratio (as defined in section (d)(4)) that meets or ex-
ceeds the minimum acceptable in-use monitor performance ratio for in-
use vehicles. For purposes of this regulation, the minimum acceptable
in-use monitor performance ratio is 0.100 for all monitors specifically
required in sections (e) through (g) to meet the monitoring condition re-
quirements of section (d)(3.2).
(3.2.3) Manufacturers may not use the calculated ratio (or any element
thereof) or any other indication of monitor frequency as a monitoring
condition for a monitor (e.g., using a low ratio to enable more frequent
monitoring through diagnostic executive priority or modification of oth-
er monitoring conditions, or using a high ratio to enable less frequent
monitoring).
(3.2.4) Upon request of a manufacturer or upon the best engineering
judgment of the ARB, the Executive Officer may revise the minimum ac-
ceptable in-use monitoring performance ratio specified in section
(d)(3.2.2) for a specific monitor if the most reliable monitoring method
developed requires a lower ratio.
(4) In-Use Monitor Performance Ratio Definition.
(4.1) For monitors required to meet the requirements in section
(d)(3.2), the ratio shall be calculated in accordance with the following
specifications for the numerator, denominator, and ratio.
(4.2) Numerator Specifications
(4.2.1) Definition: The numerator is defined as a measure of the num-
ber of times a vehicle has been operated such that all monitoring condi-
tions necessary for a specific monitor to detect a malfunction have been
encountered.
(4.2.2) Specifications for incrementing:
(A) Except as provided for in section (d)(4.2.2)(E), the numerator,
when incremented, shall be incremented by an integer of one. The nu-
merator may not be incremented more than once per driving cycle.
(B) The numerator for a specific monitor shall be incremented within
10 seconds if and only if the following criteria are satisfied on a single
driving cycle:
(i) Every monitoring condition necessary for the monitor of the specif-
ic component to detect a malfunction and store a pending fault code has
been satisfied, including enable criteria, presence or absence of related
fault codes, sufficient length of monitoring time, and diagnostic execu-
tive priority assignments (e.g., diagnostic "A" must execute prior to diag-
nostic "B"). For the purpose of incrementing the numerator, satisfying all
the monitoring conditions necessary for a monitor to determine the com-
ponent is passing may not, by itself, be sufficient to meet this criteria.
(ii) For monitors that require multiple stages or events in a single driv-
ing cycle to detect a malfunction, every monitoring condition necessary
for all events to have completed must be satisfied.
(iii) For monitors that require intrusive operation of components to de-
tect a malfunction, a manufacturer shall request Executive Officer ap-
proval of the strategy used to determine that, had a malfunction been
present, the monitor would have detected the malfunction. Executive Of-
ficer approval of the request shall be based on the equivalence of the strat-
egy to actual intrusive operation and the ability of the strategy to accu-
rately determine if every monitoring condition necessary for the intrusive
event to occur was satisfied.
(iv) For the secondary air system monitor, the criteria in sections
(d)(4.2.2)(B)(i) through (iii) above are satisfied during normal operation
of the secondary air system. Monitoring during intrusive operation of the
secondary air system later in the same driving cycle solely for the purpose
of monitoring may not, by itself, be sufficient to meet this criteria.
(C) For monitors that can generate results in a "gray zone" or "non-
detection zone" (i.e., results that indicate neither a passing system nor a
malfunctioning system) or in a "non-decision zone" (e.g., monitors that
increment and decrement counters until a pass or fail threshold is
reached), the manufacturer shall submit a plan for appropriate increment-
ing of the numerator to the Executive Officer for review and approval.
In general, the Executive Officer shall not approve plans that allow the
numerator to be incremented when the monitor indicates a result in the
"non-detection zone" or prior to the monitor reaching a decision. In re-
viewing the plan for approval, the Executive Officer shall consider data
and/or engineering evaluation submitted by the manufacturer demon-
strating the expected frequency of results in the "non-detection zone"
and the ability of the monitor to accurately determine if a monitor would
have detected a malfunction instead of a result in the "non-detection
zone" had an actual malfunction been present.
(D) For monitors that run or complete during engine-off operation, the
numerator shall be incremented within 10 seconds after the monitor has
completed during engine-off operation or during the first 10 seconds of
engine start on the subsequent driving cycle.
(E) Manufacturers utilizing alternate statistical MIL illumination pro-
tocols as allowed in sections (d)(2.2. 1)(C) and (d)(2.2.2)(C) for any of the
monitors requiring a numerator shall submit a plan for appropriate incre-
menting of the numerator to the Executive Officer for review and approv-
al. Executive Officer approval of the plan shall be conditioned upon the
manufacturer providing supporting data and/or engineering evaluation
demonstrating the equivalence of the incrementing in the manufacturer's
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plan to the incrementing specified in section (d)(4.2.2) for monitors using
the standard MIL illumination protocol and the overall equivalence of the
manufacturer's plan in determining that the minimum acceptable in-use
performance ratio in section (d)(3.2) is satisfied.
(4.3) Denominator Specifications
(4.3.1) Definition: The denominator is defined as a measure of the
number of times a vehicle has been operated as defined in (d)(4.3.2).
(4.3.2) Specifications for incrementing:
(A) The denominator, when incremented, shall be incremented by an
integer of one. The denominator may not be incremented more than once
per driving cycle.
(B) The denominator for each monitor shall be incremented within 1 0
seconds if and only if the following criteria are satisfied on a single driv-
ing cycle:
(i) Cumulative time since start of driving cycle is greater than or equal
to 600 seconds while at an elevation of less than 8,000 feet above sea lev-
el and at an ambient temperature of greater than or equal to 20 degrees
Fahrenheit;
(ii) Cumulative gasoline engine operation at or above 25 miles per
hour or diesel engine operation at or above 15% calculated load, either
of which occurs for greater than or equal to 300 seconds while at an eleva-
tion of less than 8,000 feet above sea level and at an ambient temperature
of greater than or equal to 20 degrees Fahrenheit; and
(iii) Continuous vehicle operation at idle (e.g., accelerator pedal re-
leased by driver and vehicle speed less than or equal to one mile per hour)
for greater than or equal to 30 seconds while at an elevation of less than
8,000 feet above sea level and at an ambient temperature of greater than
or equal to 20 degrees Fahrenheit.
(C) In addition to the requirements of section (d)(4.3.2)(B) above, the
evaporative system monitor denominator(s) shall be incremented if and
only if:
(i) Cumulative time since start of driving cycle is greater than or equal
to 600 seconds while at an ambient temperature of greater than or equal
to 40 degrees Fahrenheit but less than or equal to 95 degrees Fahrenheit;
and
(ii) Engine cold start occurs with engine coolant temperature at engine
start greater than or equal to 40 degrees Fahrenheit but less than or equal
to 95 degrees Fahrenheit and less than or equal to 12 degrees Fahrenheit
higher than ambient temperature at engine start.
(D) In addition to the requirements of section (d)(4.3.2)(B) above, the
denominator(s) for the following monitors shall be incremented if and
only if the component or strategy is commanded "on" for a time greater
than or equal to 10 seconds:
(i) Secondary Air System (section (f)(5))
(ii) Cold Start Emission Reduction Strategy (section (f)(4))
(iii) Components or systems that operate only at engine start-up (e.g.,
glow plugs, intake air heaters) and are subject to monitoring under "other
emission control systems" (section (g)(4)) or comprehensive component
output components (section (g)(3))
For purposes of determining this commanded "on" time, the OBD sys-
tem may not include time during intrusive operation of any of the compo-
nents or strategies later in the same driving cycle solely for the purposes
of monitoring.
(E) In addition to the requirements of section (d)(4.3.2)(B) above, the
denominator(s) for the following monitors of output components (except
those operated only at engine start-up and subject to the requirements of
the previous section (d)(4.3.2)(D)) shall be incremented if and only if the
component is commanded to function (e.g., commanded "on", "open",
"closed", "locked") on two or more occasions during the driving cycle
or for a time greater than or equal to 10 seconds, whichever occurs first:
(i) Variable valve timing and/or control system (sections (e)(10) or
(f)(9))
(ii) "Other emission control systems" (section (g)(4))
(iii) Comprehensive component output component (section (g)(3))
(e.g., turbocharger waste-gates, variable length manifold runners)
(F) For monitors of the following components, the manufacturer may
request Executive Officer approval to use alternate or additional criteria
to that set forth in section (d)(4.3.2)(B) above for incrementing the de-
nominator. Executive Officer approval of the proposed criteria shall be
based on the equivalence of the proposed criteria in measuring the fre-
quency of monitor operation relative to the amount of vehicle operation
in accordance with the criteria in section (d)(4.3.2)(B) above:
(i) Engine cooling system input components (section (g)(1))
(ii) "Other emission control systems" (section (g)(4))
(iii) Comprehensive component input components that require ex-
tended monitoring evaluation (section (g)(3)) (e.g., stuck fuel level sen-
sor rationality)
(G) For monitors of the following components or other emission con-
trols that experience infrequent regeneration events, the manufacturer
may request Executive Officer approval to use alternate or additional cri-
teria to that set forth in section (d)(4.3.2)(B) above for incrementing the
denominator. Executive Officer approval of the proposed criteria shall be
based on the effectiveness of the proposed criteria in measuring the fre-
quency of monitor operation relative to the amount of vehicle operation:
(i) Oxidation catalyst (section (e)(5))
(ii) Particulate matter filters (section (e)(8))
(H) For hybrid vehicles, vehicles that employ alternate engine start
hardware or strategies (e.g., integrated starter and generators), or alter-
nate fuel vehicles (e.g., dedicated, bi-fuel, or dual-fuel applications), the
manufacturer may request Executive Officer approval to use alternate
criteria to that set forth in section (d)(4.3.2)(B) above for incrementing
the denominator. In general, the Executive Officer shall not approve al-
ternate criteria for vehicles that only employ engine shut off at or near
idle/vehicle stop conditions. Executive Officer approval of the alternate
criteria shall be based on the equivalence of the alternate criteria to deter-
mine the amount of vehicle operation relative to the measure of conven-
tional vehicle operation in accordance with the criteria in section
(d)(4.3.2)(B) above.
(4.4) Ratio Specifications
(4.4.1) Definition: The ratio is defined as the numerator divided by the
denominator.
(4.5) Disablement of Numerators and Denominators
(4.5.1) Within 10 seconds of a malfunction being detected (i.e., a
pending, confirmed, or MIL-on fault code being stored) that disables a
monitor required to meet the monitoring conditions in section (d)(3.2),
the OBD system shall disable further incrementing of the corresponding
numerator and denominator for each monitor that is disabled. When the
malfunction is no longer detected (e.g., the pending code is erased
through self-clearing or through a scan tool command), incrementing of
all corresponding numerators and denominators shall resume within 10
seconds.
(4.5.2) Within 10 seconds of the start of a PTO (see section (c)) opera-
tion that disables a monitor required to meet the monitoring conditions
in section (d)(3.2), the OBD system shall disable further incrementing of
the corresponding numerator and denominator for each monitor that is
disabled. When the PTO operation ends, incrementing of all correspond-
ing numerators and denominators shall resume within 10 seconds.
(4.5.3) The OBD system shall disable further incrementing of all nu-
merators and denominators within 1 0 seconds if a malfunction of any
component used to determine if the criteria in sections (d)(4.3.2)(B)
through (C) are satisfied (i.e., vehicle speed/calculated load, ambient
temperature, elevation, idle operation, engine cold start, or time of opera-
tion) has been detected and the corresponding pending fault code has
been stored. Incrementing of all numerators and denominators shall re-
sume within 10 seconds when the malfunction is no longer present (e.g..
pending code erased through self-clearing or by a scan tool command).
(5) Standardized tracking and reporting of monitor performance.
(5.1) For monitors required to track and report in-use monitor perfor-
mance in section (d)(3.2), the performance data shall be tracked and re-
ported in accordance with the specifications in sections (d)(4), (d)(5), and
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(h)(5.1). The OBD system shall separately report an in-use monitor per-
formance numerator and denominator for each of the following compo-
nents:
(5.1.1) For diesel engines, NMHC catalyst bank 1, NMHC catalyst
bank 2, NOx catalyst bank 1, NOx catalyst bank 2, exhaust gas sensor
bank 1, exhaust gas sensor bank 2, EGR/VVT system, PM filter, boost
pressure control system, and NOx adsorber. The OBD system shall also
report a general denominator and an ignition cycle counter in the stan-
dardized format specified in sections (d)(5.5), (d)(5.6), and (h)(5.1).
(5. 1 .2) For gasoline engines, catalyst bank 1 , catalyst bank 2, oxygen
sensor bank 1, oxygen sensor bank 2, evaporative leak detection system,
EGR/VVT system, and secondary air system. The OBD system shall also
report a general denominator and an ignition cycle counter in the stan-
dardized format specified in sections (d)(5.5), (d)(5.6), and (h)(5.'l).
(5.2) Numerator
(5.2.1) The OBD system shall report a separate numerator for each of
the components listed in section (d)(5.1).
(5.2.2) For specific components or systems that have multiple moni-
tors that are required to be reported under section (e) (e.g., exhaust gas
sensor bank 1 may have multiple monitors for sensor response or other
sensor characteristics), the OBD system shall separately track numera-
tors and denominators for each of the specific monitors and report only
the corresponding numerator and denominator for the specific monitor
that has the lowest numerical ratio. If two or more specific monitors have
identical ratios, the corresponding numerator and denominator for the
specific monitor that has the highest denominator shall be reported for the
specific component.
(5.2.3) The numerator(s) shall be reported in accordance with the spec-
ifications in section (h)(5.1.2)(A).
(5.3) Denominator
(5.3.1) The OBD system shall report a separate denominator for each
of the components listed in section (d)(5.1).
(5.3.2) The denominator(s) shall be reported in accordance with the
specifications in section (h)(5.1.2)(A).
(5.4) Ratio
(5.4.1) For purposes of determining which corresponding numerator
and denominator to report as required in section (d)(5.2.2), the ratio shall
be calculated in accordance with the specifications in section
(h)(5.1.2)(B).
(5.5) Ignition cycle counter
(5.5.1) Definition:
(A) The ignition cycle counter is defined as a counter that indicates the
number of ignition cycles a vehicle has experienced as defined in section
(d)(5.5.2)(B).
(B) The ignition cycle counter shall be reported in accordance with the
specifications in section (h)(5.1.2)(A).
(5.5.2) Specifications for incrementing:
(A) The ignition cycle counter, when incremented, shall be increm-
ented by an integer of one. The ignition cycle counter may not be increm-
ented more than once per ignition cycle.
(B) The ignition cycle counter shall be incremented within 10 seconds
if and only if the engine exceeds an engine speed of 50 to 1 50 rpm below
the normal, warmed-up idle speed (as determined in the drive position
for vehicles equipped with an automatic transmission) for at least two se-
conds plus or minus one second.
(C) The OBD system shall disable further incrementing of the ignition
cycle counter within 10 seconds if a malfunction of any component used
to determine if the criteria in section (d)(5.5.2)(B) are satisfied (i.e., en-
gine speed or time of operation) has been detected and the corresponding
pending fault code has been stored. The ignition cycle counter may not
be disabled from incrementing for any other condition. Incrementing of
the ignition cycle counter shall resume within 10 seconds when the mal-
function is no longer present (e.g., pending code erased through self-
clearing or by a scan tool command).
(5.6) General Denominator
(5.6.1) Definition:
(A) The general denominator is defined as a measure of the number of
times a vehicle has been operated as defined in section (d)(5.6.2)(B).
(B) The genera] denominator shall be reported in accordance with the
specifications in section (h)(5.1.2)(A).
(5.6.2) Specifications for incrementing:
(A) The general denominator, when incremented, shall be increm-
ented by an integer of one. The general denominator may not be increm-
ented more than once per driving cycle.
(B) The general denominator shall be incremented within 10 seconds
if and only if the criteria identified in section (d)(4.3.2)(B) are satisfied
on a single driving cycle.
(C) The OBD system shall disable further incrementing of the general
denominator within 10 seconds if a malfunction of any component used
to determine if the criteria in section (d)(4.3.2)(B) are satisfied (i.e., ve-
hicle speed/load, ambient temperature, elevation, idle operation, or time
of operation) has been detected and the corresponding pending fault code
has been stored. The general denominator may not be disabled from in-
crementing for any other condition (e.g., the disablement criteria in sec-
tions (d)(4.5.1) and (d)(4.5.2) may not disable the general denominator).
Incrementing of the general denominator shall resume within 10 seconds
when the malfunction is no longer present (e.g., pending code erased
through self-clearing or by a scan tool command).
(6) Malfunction Criteria Determination.
(6.1) In determining the malfunction criteria for diesel engine moni-
tors in sections (e) and (g) that are required to indicate a malfunction be-
fore emissions exceed an emission threshold based on any applicable
standard (e.g., 2.0 times any of the applicable standards), the manufactur-
er shall:
(6. 1 . 1 ) Use the emission test cycle and standard (i.e., FTP or SET) de-
termined by the manufacturer to be more stringent (i.e., to result in higher
emissions with the same level of monitored component malfunction).
The manufacturer shall use data and/or engineering analysis to determine
the test cycle and standard that is more stringent.
(6.1.2) Identify in the certification documentation required under sec-
tion (j), the test cycle and standard determined by the manufacturer to be
the most stringent for each applicable monitor.
(6.1.3) If the Executive Officer reasonably believes that a manufactur-
er has incorrectly determined the test cycle and standard that is most
stringent, the Executive Officer shall require the manufacturer to provide
emission data and/or engineering analysis showing that the other test
cycle and standard are less stringent.
(6.2) On engines equipped with emission controls that experience in-
frequent regeneration events, a manufacturer shall adjust the emission
test results that are used to determine the malfunction criterion for moni-
tors that are required to indicate a malfunction before emissions exceed
a certain emission threshold (e.g., 2.0 times any of the applicable stan-
dards). For each monitor, the manufacturer shall adjust the emission re-
sult using the procedure described in CFR title 40, part 86.004-28(i) with
the component for which the malfunction criteria is being established de-
teriorated to the malfunction threshold. The adjusted emission value
shall be used for purposes of determining whether or not the specified
emission threshold is exceeded (e.g., a malfunction must be detected be-
fore the adjusted emission value exceeds 2.0 times any applicable stan-
dard).
(6.2.1) For purposes of section (d)(6.2), "regeneration" means an
event during which emissions levels change while the emission control
performance is being restored by design.
(6.2.2) For purposes of section (d)(6.2), "infrequent" means having an
expected frequency of less than once per FTP cycle.
(6.3) In lieu of meeting the malfunction criteria for gasoline engine
monitors in sections (f) and (g), the manufacturer may request Executive
Officer approval to utilize OBD systems certified to the requirements of
title 13, CCR section 1968.2 on medium-duty engines or vehicles. The
Executive Officer shall approve the request upon finding that the
manufacturer has used good engineering judgment in determining equiv-
alent malfunction detection criteria on the heavy-duty engine.
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(7) Implementation Schedule
(7. J ) Except as specified in sections (d)(7.4) and (d)(7.5) for small vol-
ume manufacturers and alternate-fueled engines, for the 2010 through
2012 model year engines:
(7.1.1) Full OBD. Except as specified in section (d)(7.1.3) below, a
manufacturer shall implement an OBD system meeting the requirements
of section 1971.1 on one engine rating (i.e., the OBD parent rating) with-
in one of the manufacturer's engine families. The OBD parent rating
shall be from the manufacturer's heavy-duty engine family with the
highest weighted sales number for the 2010 model year and shall be the
engine rating with the highest weighted sales number within that engine
family.
(7.1 .2) Extrapolated OBD. For all other engine ratings within the en-
gine family selected according to section (d)(7.1.1) (i.e., the OBD child
ratings), except as specified in section (d)(7.1.3) below), a manufacturer
shall implement an OBD system meeting the requirements of section
J 971 . 1 with the exception that the OBD system is not required to detect
a malfunction prior to exceeding the emission thresholds specified in the
malfunction criteria in sections (e) through (g). In lieu of detecting a mal-
function prior to exceeding the emission thresholds, a manufacturer shall
submit a plan for Executive Officer review and approval detailing the en-
gineering evaluation the manufacturer will use to establish the malfunc-
tion criteria for the OBD child ratings. The Executive Officer shall ap-
prove the plan upon determining that the manufacturer is using good
engineering judgment to establish the malfunction criteria for robust
detection of malfunctions, including consideration of differences of base
engine, calibration, emission control components, and emission control
strategies.
(7.1.3) For all engine ratings (i.e., OBD parent and OBD child ratings)
within the engine family selected according to (d)(7.1.1):
(A) The OBD system is exempt from having to comply with the stan-
dardization requirements set forth in the incorporated documents to this
regulation (e.g., SAE J1939 defined format) within the following sec-
tions:
(i) (d)(1.2) and (h)(2) (standardized connector)
(ii) (d)(2.1.1) and (2.1.5) (dedicated standardized MIL)
(iii) (h)(3) (communication protocol)
(iv) (h)(4) (standardized communication functions with respect to the
requirements to make the data available in a standardized format or in ac-
cordance with SAE J1979/1939 specifications)
(v) (h)(5.1.1) and (h)(5.2.1) with respect to the requirements to make
the data available in a standardized format or in accordance with SAE
J 1979/1939 specifications.
(B) The OBD system shall meet the requirements of either sections
(d)(2.2.1) and (2.3.1) or (d)(2.2.2) and (2.3.2) regardless of the commu-
nication protocol (e.g., standardized, proprietary) used by the OBD sys-
tem.
(7.1.4) Engine Manufacturer Diagnostic (EMD) Systems. For all en-
gine ratings in the manufacturer's engine families not selected according
to section (d)(7.1.1), a manufacturer shall:
(A) Implement an EMD system meeting the requirements of title 13,
CCR section 1971 in lieu of meeting the requirements of section 1971.1;
and
(B) Monitor the NOx aftertreatment (i.e., catalyst, adsorber) on en-
gines so-equipped. A malfunction shall be detected if:
(i) The NOx aftertreatment system has no detectable amount of NOx
aftertreatment capability (i.e., NOx catalyst conversion or NOx adsorp-
tion);
(ii) The NOx aftertreatment substrate is completely destroyed, re-
moved, or missing; or
(iii) The NOx aftertreatment assembly is replaced with a straight pipe.
(7.2) Except as specified in section (d)(7.5) for alternate-fueled en-
gines, for the 2013 through 2015 model year engines:
(7.2.1) A manufacturer shall be required to define one or more OBD
groups to cover all engine ratings in all engine families.
(7.2.2) Full OBD. A manufacturer shall implement an OBD system
meeting the requirements of section 1971.1:
(A) On all engine ratings (i.e., OBD parent and OBD child ratings)
within the engine family selected according to section (d)(7.1. 1); and
(B) On one engine rating (i.e., OBD parent rating) within each of the
manufacturer's OBD groups. The OBD parent rating shall be the engine
rating with the highest weighted sales number for the 2013 model year
within each OBD group.
(7.2.3) Extrapolated OBD. For all engine ratings not subject to section
(d)(7.2.2) (i.e., OBD child ratings), a manufacturer shall implement an
OBD system meeting the requirements of section 1971.1 with the excep-
tion that the OBD system is not required to detect a malfunction prior to
exceeding the emission thresholds specified in the malfunction criteria
in sections (e) through (g). In lieu of detecting a malfunction prior to ex-
ceeding the emission thresholds, a manufacturer shall submit a plan for
Executive Officer review and approval detailing the engineering evalua-
tion the manufacturer will use to establish the malfunction criteria for the
OBD child ratings. The Executive Officer shall approve the plan upon
determining that the manufacturer is using good engineering judgment
to establish the malfunction criteria for robust detection of malfunctions,
including consideration of differences of base engine, calibration, emis-
sion control components, and emission control strategies.
(7.3) Except as specified in section (d)(7.5) for alternate-fueled en-
gines, for the 2016 and subsequent model year engines:
(7.3.1) A manufacturer shall implement an OBD system meeting the
requirements of section 1971.1 on all engine ratings in all engine fami-
lies.
(7.4) Small volume manufacturers shall be exempt from the require-
ments of section 1971.1 for 2010 through 2012 model year engines. For
purposes of this requirement, a small volume manufacturer is defined as
a manufacturer with projected engine sales for California heavy-duty ve-
hicles of less than 1200 engines per year for the 2010 model year.
(7.5) For alternate-fueled engines:
(7.5.1) For 2010 through 2012 model year engines, a manufacturer
shall be exempt from the requirements of section 1971.1.
(7.5.2) For 2013 through 2019 model year engines, the manufacturer
shall:
(A) Implement an EMD system meeting the requirements of title 13,
CCR section 1971 in lieu of meeting the requirements of section 1971.1;
and
(B) Monitor the NOx aftertreatment (i.e., catalyst, adsorber) on en-
gines so-equipped. A malfunction shall be detected if:
(i) The NOx aftertreatment system has no detectable amount of NOx
aftertreatment capability (i.e., NOx catalyst conversion or NOx adsorp-
tion);
(ii) The NOx aftertreatment substrate is completely destroyed, re-
moved, or missing; or
(iii) The NOx aftertreatment assembly is replaced with a straight pipe.
(7.5.3) For 2020 and subsequent model year engines, a manufacturer
shall implement an OBD system meeting the requirements of section
1971.1.
(e) Monitoring Requirements For Diesel/Compression-Ignition En-
gines
(1) Fuel System Monitoring
(1.1) Requirement:
The OBD system shall monitor the fuel delivery system to determine
its ability to comply with emission standards. The individual electronic
components (e.g., actuators, valves, sensors, pumps) that are used in the
fuel system and not specifically addressed in this section shall be moni-
tored in accordance with the comprehensive component requirements in
section (g)(3).
(1.2) Malfunction Criteria:
(1.2.1) Fuel system pressure control: The OBD system shall detect a
malfunction of the fuel system pressure control system (e.g., fuel, hy-
draulic fluid) when the fuel system pressure control system is unable to
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•
maintain an engine's NMHC, NOx, or CO emissions at or below 2.0
times the applicable standards or the engine's PM emissions at or below
the applicable standard plus 0.02 grams per brake horsepower-hour
(g/bhp-hr). For engines in which no failure or deterioration of the fuel
system pressure control could result in an engine's emissions exceeding
these emission levels, the OBD system shall detect a malfunction when
the system has reached its control limits such that the commanded fuel
system pressure cannot be delivered.
(1.2.2) Injection quantity: The OBD system shall detect a malfunction
of the fuel injection system when the system is unable to deliver the com-
manded quantity of fuel necessary to maintain an engine's NMHC, CO,
and NOx emissions at or below 2.0 times the applicable standards or the
engine's PM emissions at or below the applicable standard plus 0.02
g/bhp-hr. For engines in which no failure or deterioration of the fuel in-
jection quantity could result in an engine's emissions exceeding these
emission levels, the OBD system shall detect a malfunction when the sys-
tem has reached its control limits such that the commanded fuel quantity
cannot be delivered.
(1 .2.3) Injection Timing: The OBD system shall detect a malfunction
of the fuel injection system when the system is unable to deliver fuel at
the proper crank angle/timing (e.g., injection timing too advanced or too
retarded) necessary to maintain an engine's NMHC, CO, and NOx emis-
sions at or below 2.0 times the applicable standards or the engine's PM
emissions at or below the applicable standard plus 0.02 g/bhp-hr. For en-
gines in which no failure or deterioration of the fuel injection timing
could result in an engine' s emissions exceeding these emission levels, the
OBD system shall detect a malfunction when the system has reached its
control limits such that the commanded fuel injection timing cannot be
achieved.
(1.2.4) Feedback control: Except as provided for in section (e)(1.2.5),
if the engine is equipped with feedback control of the fuel system (e.g.,
feedback control of pressure or pilot injection quantity), the OBD system
shall detect a malfunction:
(A) If the system fails to begin feedback control within a manufacturer
specified time interval;
(B) If a failure or deterioration causes open loop or default operation;
or
(C) If feedback control has used up all of the adjustment allowed by
the manufacturer.
(1.2.5) A manufacturer may request Executive Officer approval to
temporarily disable monitoring for the malfunction criteria specified in
section (e)(1.2.4)(C) during conditions that a manufacturer cannot ro-
bustly distinguish between a malfunctioning system and a properly oper-
ating system. The Executive Officer shall approve the disablement upon
the manufacturer submitting data and/or analysis demonstrating that the
control system, when operating as designed on an engine with all emis-
sion controls working properly, routinely operates during these condi-
tions with all of the adjustment allowed by the manufacturer used up.
(1.2.6) In lieu of detecting the malfunctions specified in sections
(e)(1.2.4)(A) and (B) with a fuel system-specific monitor, the OBD sys-
tem may monitor the individual parameters or components that are used
as inputs for fuel system feedback control provided that the monitors de-
tect all malfunctions that meet the criteria in sections (e)(1.2.4)(A) and
(B).
(1.3) Monitoring Conditions:
(1.3.1) The OBD system shall monitor continuously for malfunctions
identified in sections (e)(1.2.1) and (e)(1.2.4) (i.e., fuel pressure control
and feedback operation).
(1.3.2) Manufacturers shall define the monitoring conditions for mal-
functions identified in sections (e)(1.2.2) and (e)(1.2.3) (i.e., injection
quantity and timing) in accordance with sections (d)(3.1) and (d)(3.2)
(i.e., minimum ratio requirements).
(1 .4) MIL Illumination and Fault Code Storage: General requirements
for MIL illumination and fault code storage are set forth in section (d)(2).
(2) Misfire Monitoring
(2.1) Requirement:
(2.1.1) The OBD system shall monitor the engine for misfire causing
excess emissions. The OBD system shall be capable of delecting misfire
occurring in one or more cylinders. To the extent possible without adding
hardware for this speci fie purpose, the OBD system shall also identify the
specific misfiring cylinder.
(2.1.2) If more than one cylinder is continuously misfiring, a separate
fault code shall be stored indicating that multiple cylinders are misfiring.
When identifying multiple cylinder misfire, the manufacturer OBD sys-
tem is not required to also identify each of the continuously misfiring cyl-
inders individually through separate fault codes.
(2.2) Malfunction Criteria:
(2.2.1) The OBD system shall detect a misfire malfunction when one
or more cylinders are continuously misfiring.
(2.2.2) Additionally, for 2013 and subsequent model year engines
equipped with sensors that can detect combustion or combustion quality
(e.g., for use in homogeneous charge compression ignition (HCCI) con-
trol systems), the OBD system shall detect a misfire malfunction causing
the engine's NMHC, CO, or NOx emissions to exceed 2.0 times the ap-
plicable standards or the engine's PM emissions to exceed the applicable
standard plus 0.02 g/bhp-hr.
(A) Manufacturers shall determine the percentage of misfire evaluated
in 1000 revolution increments that would cause NMHC, CO, or NOx
emissions from an emission durability demonstration engine to exceed
2.0 times any of the applicable standards or PM emissions to exceed the
applicable standard plus 0.02 g/bhp-hr if the percentage of misfire were
present from the beginning of the test. To establish this percentage of
misfire, the manufacturer shall utilize misfire events occurring at equally
spaced, complete engine cycle intervals, across randomly selected cylin-
ders throughout each 1000-revolution increment. If this percentage of
misfire is determined to be lower than one percent, the manufacturer may
set the malfunction criteria at one percent.
(B) Subject to Executive Officer approval, a manufacturer may
employ other revolution increments. The Executive Officer shall grant
approval upon determining that the manufacturer has demonstrated that
the strategy would be equally effective and timely in detecting misfire.
(2.2.3) A malfunction shall be detected if the percentage of misfire es-
tablished in section (e)(2.2.2)(A) is exceeded regardless of the pattern of
misfire events (e.g., random, equally spaced, continuous).
(2.3) Monitoring Conditions:
(2.3.1) The OBD system shall monitor for misfire during engine idle
conditions at least once per driving cycle in which the monitoring condi-
tions for misfire are met. A manufacturer shall submit monitoring condi-
tions to the Executive Officer for approval. The Executive Officer shall
approve manufacturer-defined monitoring conditions that are deter-
mined (based on manufacturer-submitted data and/or other engineering
documentation) to: (i) be technically necessary to ensure robust detection
of malfunctions (e.g., avoid false passes and false detection of malfunc-
tions), (ii) require no more than 1000 cumulative engine revolutions, and
(iii) do not require any single continuous idle operation of more than 15
seconds to make a determination that a malfunction is present (e.g., a de-
cision can be made with data gathered during several idle operations of
15 seconds or less); or satisfy the requirements of (d)(3.1) with alterna-
tive engine operating conditions.
(2.3.2) Manufacturers may request Executive Officer approval to use
alternate monitoring conditions (e.g., off-idle). The Executive Officer
shall approve alternate monitoring conditions that are determined (based
on manufacturer-submitted data and/or other engineering documenta-
tion) to ensure equivalent robust detection of malfunctions and equiva-
lent timeliness in detection of malfunctions.
(2.3.3) Additionally, for 2013 and subsequent model year engines
equipped with sensors that can detect combustion or combustion quality:
(A) The OBD system shall continuously monitor for misfire under all
positive torque engine speeds and load conditions.
(B) If a monitoring system cannot detect all misfire patterns under all
required engine speed and load conditions as required in section
(e)(2.3.2)(A), the manufacturer may request Executive Officer approval
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to accept the monitoring system. In evaluating the manufacturer's re-
quest, the Executive Officer shall consider the following factors: the
magnitude of the region(s) in which misfire detection is limited, the de-
gree to which misfire detection is limited in the region(s) (i.e., the proba-
bility of detection of misfire events), the frequency with which said re-
gion^) are expected to be encountered in-use, the type of misfire
patterns for which misfire detection is troublesome, and demonstration
that the monitoring technology employed is not inherently incapable of
detecting misfire under required conditions (i.e., compliance can be
achieved on other engines). The evaluation shall be based on the follow-
ing misfire patterns: equally spaced misfire occurring on randomly se-
lected cylinders, single cylinder continuous misfire, and paired cylinder
(cylinders firing at the same crank angle) continuous misfire.
(2.4) MIL Illumination and Fault Code Storage:
(2.4.1) General requirements for MIL illumination and fault code stor-
age are set forth in section (d)(2).
(2.4.2) Additionally, for 2013 and subsequent model year engines
equipped with sensors that can detect combustion or combustion quality:
(A) Upon detection of the percentage of misfire specified in section
(e)(2.2.2)(A), the following criteria shall apply for MIL illumination and
fault code storage:
(i) A pending fault code shall be stored no later than after the fourth
exceedance of the percentage of misfire specified in section (e)(2.2.2)
during a single driving cycle.
(ii) If a pending fault code is stored, the OBD system shall illuminate
the MIL and store a confirmed/MIL-on fault code within 10 seconds if
the percentage of misfire specified in section (e)(2.2.2) is again exceeded
four times during: (a) the driving cycle immediately following the stor-
age of the pending fault code, regardless of the conditions encountered
during the driving cycle; or (b) on the next driving cycle in which similar
conditions (see section (c)) to the engine conditions that occurred when
the pending fault code was stored are encountered.
(iii) The pending fault code may be erased at the end of the next driving
cycle in which similar conditions to the engine conditions that occurred
when the pending fault code was stored have been encountered without
an exceedance of the specified percentage of misfire. The pending code
may also be erased if similar conditions are not encountered during the
next 80 driving cycles immediately following initial detection of the mal-
function.
(B) Storage of freeze frame conditions.
(i) The OBD system shall store and erase freeze frame conditions ei-
ther in conjunction with storing and erasing a pending fault code or in
conjunction with storing a confirmed/MIL-on fault code and erasing a
confirmed/previously MIL-on fault code.
(ii) If freeze frame conditions are stored for a malfunction other than
a misfire malfunction when a fault code is stored as specified in section
(e)(2.4.2), the stored freeze frame information shall be replaced with
freeze frame information regarding the misfire malfunction.
(C) Storage of misfire conditions for similar conditions determination.
Upon detection of misfire under section (e)(2.4.2), the OBD system shall
store the following engine conditions: engine speed, load, and warm-up
status of the first misfire event that resulted in the storage of the pending
fault code.
(D) Extinguishing the MIL. The MIL may be extinguished after three
sequential driving cycles in which similar conditions have been encoun-
tered without an exceedance of the specified percentage of misfire.
(3) Exhaust Gas Recirculation (EGR) System Monitoring
(3.1) Requirement: The OBD system shall monitor the EGR system on
engines so-equipped for low flow rate, high flow rate, and slow response
malfunctions. For engines equipped with EGR coolers (e.g., heat ex-
changers), the OBD system shall monitor the cooler for insufficient cool-
ing malfunctions. The individual electronic components (e.g., actuators,
valves, sensors) that are used in the EGR system shall be monitored in
accordance with the comprehensive component requirements in section
(g)(3).
(3.2) Malfunction Criteria:
(3.2.1) Low Flow: The OBD system shall detect a malfunction of the
EGR system prior to a decrease from the manufacturer's specified EGR
flow rate that would cause an engine's NMHC, CO, or NOx emissions
to exceed 2.0 times any of the applicable standards or the engine's PM
emissions to exceed the applicable standard plus 0.02 g/bhp-hr. For en-
gines in which no failure or deterioration of the EGR system that causes
a decrease in flow could result in an engine's emissions exceeding these
levels, the OBD system shall detect a malfunction when the system has
reached its control limits such that it cannot increase EGR flow to achieve
the commanded flow rate.
(3.2.2) High Flow: The OBD system shall detect a malfunction of the
EGR system, including a leaking EGR valve (i.e., exhaust gas flowing
through the valve when the valve is commanded closed), prior to an in-
crease from the manufacturer's specified EGR flow rate that would cause
an engine's NMHC, CO, or NOx emissions to exceed 2.0 times any of
the applicable standards or the engine's PM emissions to exceed the ap-
plicable standard plus 0.02 g/bhp-hr. For engines in which no failure or
deterioration of the EGR system that causes an increase in flow could re-
sult in an engine's emissions exceeding these levels, the OBD system
shall detect a malfunction when the system has reached its control limits
such that it cannot reduce EGR flow to achieve the commanded flow rate.
(3.2.3) Slow Response: The OBD system shall detect a malfunction of
the EGR system prior to any failure or deterioration in the capability of
the EGR system to achieve the commanded flow rate within a manufac-
turer-specified time that would cause an engine's NMHC, CO, or NOx
emissions to exceed 2.0 times any of the applicable standards or the en-
gine's PM emissions to exceed the applicable standard plus 0.02 g/bhp-
hr. The OBD system shall monitor both the capability of the EGR system
to respond to a commanded increase in flow and the capability of the
EGR system to respond to a commanded decrease in flow.
(3.2.4) Feedback control: Except as provided for in section (e)(3.2.6),
if the engine is equipped with feedback control of the EGR system (e.g.,
feedback control of flow, valve position, pressure differential across the
valve via intake throttle or exhaust backpressure), the OBD system shall
detect a malfunction:
(A) If the system fails to begin feedback control within a manufacturer
specified time interval;
(B) If a failure or deterioration causes open loop or default operation;
or
(C) If feedback control has used up all of the adjustment allowed by
the manufacturer.
(3.2.5) EGR Cooler Performance: The OBD system shall detect a mal-
function of the EGR system cooler prior to a reduction from the manufac-
turer's specified cooling performance that would cause an engine's
NMHC, CO, or NOx emissions to exceed 2.0 times any of the applicable
standards or the engine's PM emissions to exceed the applicable standard
plus 0.02 g/bhp-hr. For engines in which no failure or deterioration of the
EGR system cooler could result in an engine's emissions exceeding these
levels, the OBD system shall detect a malfunction when the system has
no detectable amount of EGR cooling.
(3.2.6) A manufacturer may request Executive Officer approval to
temporarily disable monitoring for the malfunction criteria specified in
section (e)(3.2.4)(C) during conditions that a manufacturer cannot ro-
bustly distinguish between a malfunctioning system and a properly oper-
ating system. The Executive Officer shall approve the disablement upon
the manufacturer submitting data and/or analysis demonstrating that the
control system, when operating as designed on an engine with all emis-
sion controls working properly, routinely operates during these condi-
tions with all of the adjustment allowed by the manufacturer used up.
(3.2.7) In lieu of detecting the malfunctions specified in sections
(e)(3.2.4)(A) and (B) with an EGR system-specific monitor, the OBD
system may monitor the individual parameters or components that are
used as inputs for EGR system feedback control provided that the moni-
tors detect all malfunctions that meet the criteria in sections (e)(3.2.4)(A)
and (B).
(3.3) Monitoring Conditions:
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(3.3.1) The OBD system shall monitor continuously for malfunctions
identified in sections (e)(3.2.1 ), (3.2.2), and (e)(3.2.4) (i.c.EGR low and
high flow, feedback control).
(3.3.2) Manufacturers shall define the monitoring conditions for mal-
functions identified in section (e)(3.2.3) (i.e., slow response) in accor-
dance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio require-
ments), with the exception that monitoring shall occur every time the
monitoring conditions are met during the driving cycle in lieu of once per
driving cycle as required in section (d)(3.1.2). For purposes of tracking
and reporting as required in section (d)(3.2. 1 ), all monitors used to detect
malfunctions identified in section (e)(3.2.3) shall be tracked separately
but reported as a single set of values as specified in section (d)(5.2.2).
(3.3.3) Manufacturers shall define the monitoring conditions for mal-
functions identified in section (e)(3.2.5) (i.e., cooler performance) in ac-
cordance with sections (d)(3. 1) and (d)(3.2) (i.e., minimum ratio require-
ments). For purposes of tracking and reporting as required in section
(d)(3.2.1), all monitors used to detect malfunctions identified in section
(e)(3.2.5) shall be tracked separately but reported as a single set of values
as specified in section (d)(5.2.2).
(3.3.4) Manufacturers may request Executive Officer approval to tem-
porarily disable the EGR system check under specific conditions (e.g.,
when freezing may affect performance of the system). The Executive Of-
ficer shall approve the request upon determining that the manufacturer
has submitted data and/or an engineering evaluation which demonstrate
that a reliable check cannot be made when these conditions exist.
(3.4) MIL Illumination and Fault Code Storage: General requirements
for MIL illumination and fault code storage are set forth in section (d)(2).
(4) Boost Pressure Control System Monitoring
(4.1) Requirement: The OBD system shall monitor the boost pressure
control system (e.g., turbocharger) on engines so-equipped for under and
over boost malfunctions. For engines equipped with variable geometry
turbochargers (VGT), the OBD system shall monitor the VGT system for
slow response malfunctions. For engines equipped with charge air cooler
systems, the OBD system shall monitor the charge air cooler system for
cooling system performance malfunctions. The individual electronic
components (e.g., actuators, valves, sensors) that are used in the boost
pressure control system shall be monitored in accordance with the com-
prehensive component requirements in section (g)(3).
(4.2) Malfunction Criteria:
(4.2. 1 ) Underboost: The OBD system shall detect a malfunction of the
boost pressure control system prior to a decrease from the manufacturer's
commanded boost pressure that would cause an engine's NMHC, CO, or
NOx emissions to exceed 2.0 times any of the applicable standards or the
engine's PM emissions to exceed the applicable standard plus 0.02
g/bhp-hr. For engines in which no failure or deterioration of the boost
pressure control system that causes a decrease in boost could result in an
engine's emissions exceeding these levels, the OBD system shall detect
a malfunction when the system has reached its control limits such that it
cannot increase boost to achieve the commanded boost pressure.
(4.2.2) Overboost: The OBD system shall detect a malfunction of the
boost pressure control system prior to an increase from the manufactur-
er's commanded boost pressure that would cause an engine's NMHC,
CO, or NOx emissions to exceed 2.0 times any of the applicable stan-
dards or the engine's PM emissions to exceed the applicable standard
plus 0.02 g/bhp-hr. For engines in which no failure or deterioration of the
boost pressure control system that causes an increase in boost could result
in an engine's emissions exceeding these levels, the OBD system shall
detect a malfunction when the system has reached its control limits such
that it cannot decrease boost to achieve the commanded boost pressure.
(4.2.3) VGT slow response: The OBD system shall detect a malfunc-
tion prior to any failure or deterioration in the capability of the VGT sys-
tem to achieve the commanded turbocharger geometry within a manufac-
turer-specified time that would cause an engine's NMHC, CO, or NOx
emissions to exceed 2.0 times any of the applicable standards or the en-
gine's PM emissions to exceed the applicable standard plus 0.02 g/bhp-
hr. For engines in which no failure or deterioration of the VGT system
response could result in an engine's emissions exceeding these levels, the
OBD system shall detect a malfunction of the VGT system when proper
functional response of the system to computer commands does not occur.
(4.2.4) Charge Air Undercooling: The OBD system shall detect a mal-
function of the charge air cooling system prior to a decrease from the
manufacturer's specified cooling rate that would cause an engine's
NMHC, CO, or NOx emissions to exceed 2.0 times any of the applicable
standards or the engine's PM emissions to exceed the applicable standard
plus 0.02 g/bhp-hr. For engines in which no failure or deterioration of the
charge air cooling system that causes a decrease in cooling performance
could result in an engine's emissions exceeding these levels, the OBD
system shall detect a malfunction when the system has no detectable
amount of charge air cooling.
(4.2.5) Feedback control: Except as provided for in section (e)(4.2.6),
if the engine is equipped with feedback control of the boost pressure sys-
tem (e.g., control of VGT position, turbine speed, manifold pressure) the
OBD system shall detect a malfunction:
(A) If the system fails to begin feedback control within a manufacturer
specified time interval;
(B) If a failure or deterioration causes open loop or default operation;
or
(C) If feedback control has used up all of the adjustment allowed by
the manufacturer.
(4.2.6) A manufacturer may request Executive Officer approval to
temporarily disable monitoring for the malfunction criteria specified in
section (e)(4.2.5)(C) during conditions that a manufacturer cannot ro-
bustly distinguish between a malfunctioning system and a properly oper-
ating system. The Executive Officer shall approve the disablement upon
the manufacturer submitting data and/or analysis demonstrating that the
control system, when operating as designed on an engine with all emis-
sion controls working properly, routinely operates during these condi-
tions with all of the adjustment allowed by the manufacturer used up.
(4.2.7) In lieu of detecting the malfunctions specified in sections
(e)(4.2.5)(A) and (B) with a boost pressure system-specific monitor, the
OBD system may monitor the individual parameters or components that
are used as inputs for boost pressure system feedback control provided
that the monitors detect all malfunctions that meet the criteria in sections
(e)(4.2.5)(A) and (B).
(4.3) Monitoring Conditions:
(4.3.1) The OBD system shall monitor continuously for malfunctions
identified in sections (e)(4.2.1), (4.2.2), and (4.2.5) (i.e., over and under
boost, feedback control).
(4.3.2) Manufacturers shall define the monitoring conditions for mal-
functions identified in section (e)(4.2.3) (i.e., VGT slow response) in ac-
cordance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio require-
ments), with the exception that monitoring shall occur every time the
monitoring conditions are met during the driving cycle in lieu of once per
driving cycle as required in section (d)(3.1.2). For purposes of tracking
and reporting as required in section (d)(3.2.1), all monitors used to detect
malfunctions identified in section (e)(4.2.3) shall be tracked separately
but reported as a single set of values as specified in section (d)(5.2.2).
(4.3.3) Manufacturers shall define the monitoring conditions for mal-
functions identified in section (e)(4.2.4) (i.e., charge air cooler perfor-
mance) in accordance with sections (d)(3.1) and (d)(3.2) (i.e., minimum
ratio requirements). For purposes of tracking and reporting as required
in section (d)(3.2.1), all monitors used to detect malfunctions identified
in section (e)(4.2.4) shall be tracked separately but reported as a single
set of values as specified in section (d)(5.2.2).
(4.4) MIL Illumination and Fault Code Storage: General requirements
for MIL illumination and fault code storage are set forth in section (d)(2).
(5) Non-Methane Hydrocarbon (NMHC) Converting Catalyst Moni-
toring
(5.1) Requirement: The OBD system shall monitor the NMHC con-
verting catalyst(s) for proper NMHC conversion capability. For engines
equipped with catalyzed PM filters that convert NMHC emissions, the
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catalyst function of the PM filter shall be monitored in accordance with
the PM filter requirements in section (e)(8).
(5.2) Malfunction Criteria:
(5.2.1) For purposes of section (e)(5), each catalyst that converts
NMHC shall be monitored either individually or in combination with
others.
(5.2.2) Conversion Efficiency:
(A) The OBD system shall detect an NMHC catalyst malfunction
when the catalyst conversion capability decreases to the point that
NMHC emissions exceed 2.0 times any of the applicable standards.
(B) If no failure or deterioration of the catalyst NMHC conversion ca-
pability could result in an engine's NMHC emissions exceeding 2.0
times any of the applicable standards, the OBD system shall detect a mal-
function when the catalyst has no detectable amount of NMHC conver-
sion capability.
(5.2.3) Other Aftertreatment Assistance Functions:
(A) For catalysts used to generate an exotherm to assist PM filter re-
generation, the OBD system shall detect a malfunction when the catalyst
is unable to generate a sufficient exotherm to achieve regeneration of the
PM filter.
(B) For catalysts used to generate a feedgas constituency to assist SCR
systems (e.g.. to increase N02 concentration upstream of an SCR sys-
tem), the OBD system shall detect a malfunction when the catalyst is un-
able to generate the necessary feedgas constituents for proper SCR sys-
tem operation.
(C) For catalysts located downstream of a PM filter and used to convert
NMHC emissions during PM filter regeneration, the OBD system shall
detect a malfunction when the catalyst has no detectable amount of
NMHC conversion capability.
(5.2.4) Catalyst System Aging and Monitoring
(A) For purposes of determining the catalyst malfunction criteria in
sections (e)(5.2.2) and (5.2.3) for individually monitored catalysts, the
manufacturer shall use a catalyst deteriorated to the malfunction criteria
using methods established by the manufacturer to represent real world
catalyst deterioration under normal and malfunctioning engine operating
conditions.
(B) For purposes of determining the catalyst malfunction criteria in
sections (e)(5.2.2) and (5.2.3) for catalysts monitored in combination
with others, the manufacturer shall submit a catalyst system aging and
monitoring plan to the Executive Officer for review and approval. The
plan shall include the description, emission control purpose, and location
of each component, the monitoring strategy for each component and/or
combination of components, and the method for determining the mal-
function criteria of sections (e)(5.2.2) and (5.2.3) including the deteriora-
tion/aging process. Executive Officer approval of the plan shall be based
on the representativeness of the aging to real world catalyst system com-
ponent deterioration under normal and malfunctioning engine operating
conditions, the effectiveness of the method used to determine the mal-
function criteria of section (e)(5.2), the ability of the component moni-
tors) to pinpoint the likely area of malfunction and ensure the correct
components are repaired/replaced in-use, and the ability of the compo-
nent monitor(s) to accurately verify that each catalyst component is func-
tioning as designed and as required in sections (e)(5.2.2) and (5.2.3).
(5.3) Monitoring Conditions:
(5.3.1) Manufacturers shall define the monitoring conditions for mal-
functions identified in sections (e)(5.2.2) and (5.2.3) in accordance with
sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio requirements). For
purposes of tracking and reporting as required in section (d)(3.2.1), all
monitors used to detect malfunctions identified in sections (e)(5.2.2) and
(5.2.3) shall be tracked separately but reported as a single set of values
as specified in section (d)(5.2.2).
(5.4) MIL Illumination and Fault Code Storage:
(5.4. 1 ) General requirements for MIL illumination and fault code stor-
age are set forth in section (d)(2).
(5.4.2) The monitoring method for the catalyst(s) shall be capable of
detecting all instances, except diagnostic self-clearing, when a catalyst
fault code has been cleared but the catalyst has not been replaced (e.g.,
catalyst overtemperature histogram approaches are not acceptable).
(6) Oxides of Nitrogen (NOx) Converting Catalyst Monitoring
(6.1) Requirement: The OBD system shall monitor the NOx convert-
ing catalyst(s) for proper conversion capability. For engines equipped
with selective catalytic reduction (SCR) systems or other catalyst sys-
tems that utilize an active/intrusive reductant injection (e.g.. active lean
NOx catalysts utilizing diesel fuel injection), the OBD system shall mon-
itor the SCR or active/intrusive reductant injection system for proper per-
formance. The individual electronic components (e.g., actuators, valves,
sensors, heaters, pumps) in the SCR or active/intrusive reductant injec-
tion system shall be monitored in accordance with the comprehensive
component requirements in section (g)(3).
(6.2) Malfunction Criteria: For purposes of section (e)(6), each cata-
lyst that converts NOx shall be monitored either individually or in com-
bination with others.
(6.2.1) Conversion Efficiency:
(A) For 2010 through 2012 model year engines:
(i) The OBD system shall detect a catalyst malfunction when the cata-
lyst conversion capability decreases to the point that would cause an en-
gine's NOx emissions to exceed any of the applicable standards by more
than 0.3 g/bhp-hr (e.g., cause emissions to exceed 0.5 g/bhp-hr if the
emission standard is 0.2 g/bhp-hr) as measured from an applicable cycle
emission test (i.e., FTP or SET).
(ii) If no failure or deterioration of the catalyst NOx conversion capa-
bility could result in an engine's NOx emissions exceeding any of the ap-
plicable standards by more than 0.3 g/bhp-hr, the OBD system shall de-
tect a malfunction when the catalyst has no detectable amount of NOx
conversion capability.
(B) For 2013 and subsequent model year engines:
(i) The OBD system shall detect a catalyst malfunction when the cata-
lyst conversion capability decreases to the point that would cause an en-
gine's NOx emissions to exceed any of the applicable standards by more
than 0.2 g/bhp-hr (e.g., cause emissions to exceed 0.4 g/bhp-hr if the
emission standard is 0.2 g/bhp-hr).
(ii) If no failure or deterioration of the catalyst system NOx conversion
capability could result in an engine's NOx emissions exceeding any of
the applicable standards by more than 0.2 g/bhp-hr, the OBD system
shall detect a malfunction when the catalyst has no detectable amount of
NOx conversion capability.
(6.2.2) Selective Catalytic Reduction (SCR) or Other Active/Intrusive
Reductant Injection System Performance:
(A) Reductant Delivery Performance:
(i) For 2010 through 2012 model year engines, the OBD system shall
detect a malfunction prior to any failure or deterioration of the system to
properly regulate reductant delivery (e.g., urea injection, separate injec-
tor fuel injection, post injection of fuel, air assisted injection/mixing) that
would cause an engine's NOx emissions to exceed any of the applicable
standards by more than 0.3 g/bhp-hr (e.g., cause emissions to exceed 0.5
g/bhp-hr if the emission standard is 0.2 g/bhp-hr) as measured from an
applicable cycle emission test (i.e., FTP or SET). If no failure or deterio-
ration of the SCR system could result in an engine's NOx emissions ex-
ceeding any of the applicable standards by more than 0.3 g/bhp-hr, the
OBD system shall detect a malfunction when the system has reached its
control limits such that it is no longer able to deliver the desired quantity
of reductant.
(ii) For 2013 and subsequent model year engines, the OBD system
shall detect a system malfunction prior to any failure or deterioration of
the system to properly regulate reductant delivery (e.g., urea injection,
separate injector fuel injection, post injection of fuel, air assisted injec-
tion/mixing) that would cause an engine's NOx emissions to exceed any
of the applicable standards by more than 0.2 g/bhp-hr (e.g., cause emis-
sions to exceed 0.4 g/bhp-hr if the emission standard is 0.2 g/bhp-hr). If
no failure or deterioration of the SCR system could result in an engine's
NOx emissions exceeding the applicable standards by more than 0.2
g/bhp-hr, the OBD system shall detect a malfunction when the system
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has reached its control limits such that it is no longer able to deliver the
desired quantity of reductant.
(B) If the catalyst system uses a reductant other than the fuel used for
the engine or uses a reservoir/tank for the reductant that is separate from
the fuel tank used for the engine, the OBD system shall detect a malfunc-
tion when there is no longer sufficient reductant available (e.g., the re-
ductant tank is empty).
(C) If the catalyst system uses a reservoir/tank for the reductant that
is separate from the fuel tank used for the engine, the OBD system shall
detect a malfunction when an improper reductant is used in the reductant
reservoir/tank (e.g., the reductant tank is filled with something other than
the reductant).
(D) Feedback control: Except as provided for in section (e)(6.2.2)(E),
if the engine is equipped with feedback control of the reductant injection,
the OBD system shall detect a malfunction:
(i) If the system fails to begin feedback control within a manufacturer
specified time interval;
(ii) If a failure or deterioration causes open loop or default operation;
or
(iii) If feedback control has used up all of the adjustment allowed by
the manufacturer.
(E) A manufacturer may request Executive Officer approval to tempo-
rarily disable monitoring for the malfunction criteria specified in section
(e)(6.2.2)(D)(iii) during conditions that a manufacturer cannot robustly
distinguish between a malfunctioning system and a properly operating
system. The Executive Officer shall approve the disablement upon the
manufacturer submitting data and/or analysis demonstrating that the
control system, when operating as designed on an engine with all emis-
sion controls working properly, routinely operates during these condi-
tions with all of the adjustment allowed by the manufacturer used up.
(F) In lieu of detecting the malfunctions specified in sections
(e)(6.2.2)(D)(i) and (ii) with a reductant injection system-specific moni-
tor, the OBD system may monitor the individual parameters or compo-
nents that are used as inputs for reductant injection feedback control pro-
vided that the monitors detect all malfunctions that meet the criteria in
sections (e)(6.2.2)(D)(i) and (ii).
(6.2.3) Catalyst System Aging and Monitoring
(A) For purposes of determining the catalyst malfunction criteria in
section (e)(6.2.1) for individually monitored catalysts, the manufacturer
shall use a catalyst deteriorated to the malfunction criteria using methods
established by the manufacturer to represent real world catalyst deterio-
ration under normal and malfunctioning engine operating conditions.
(B) For purposes of determining the catalyst malfunction criteria in
section (e)(6.2. 1) for catalysts monitored in combination with others, the
manufacturer shall submit a catalyst system aging and monitoring plan
to the Executive Officer for review and approval. The plan shall include
the description, emission control purpose, and location of each compo-
nent, the monitoring strategy for each component and/or combination of
components, and the method for determining the malfunction criteria of
section (e)(6.2.1) including the deterioration/aging process. Executive
Officer approval of the plan shall be based on the representativeness of
the aging to real world catalyst system component deterioration under
normal and malfunctioning engine operating conditions, the effective-
ness of the method used to determine the malfunction criteria of section
(e)(6.2.1), the ability of the component monitor(s) to pinpoint the likely
area of malfunction and ensure the correct components are repaired/re-
placed in-use, and the ability of the component monitor(s) to accurately
verify that each catalyst component is functioning as designed and as re-
quired in section (e)(6.2.1).
(6.3) Monitoring Conditions:
(6.3.1) Manufacturers shall define the monitoring conditions for mal-
functions identified in section (e)(6.2.1) (i.e., catalyst efficiency) in ac-
cordance with sections (d)(3. 1 ) and (d)(3.2) (i.e., minimum ratio require-
ments). For purposes of tracking and reporting as required in section
(d)(3.2.1), all monitors used to detect malfunctions identified in section
(e)(6.2. 1) shall be tracked separately but reported as a single set of values
as specified in section (d)(5.2.2).
(6.3.2) The OBD system shall monitor continuously for malfunctions
identified in section (e)(6.2.2) (e.g., SCR performance).
(6.4) MIL Illumination and Fault Code Storage:
(6.4.1) Except as provided below for reductant faults, general require-
ments for MIL illumination and fault code storage are set forth in section
(d)(2).
(6.4.2) If the OBD system is capable of discerning that a system fault
is being caused by a empty reductant tank:
(A) The manufacturer may request Executive Officer approval to
delay illumination of the MIL if the vehicle is equipped with an alterna-
tive indicator for notifying the vehicle operator of the malfunction. The
Executive Officer shall approve the request upon determining the alter-
native indicator is of sufficient illumination and location to be readily vis-
ible under all lighting conditions and provides equivalent assurance that
a vehicle operator will be promptly notified and that corrective action
will be undertaken.
(B) If the vehicle is not equipped with an alternative indicator and the
MIL illuminates, the MIL may be immediately extinguished and the cor-
responding fault codes erased once the OBD system has verified that the
reductant tank has been properly refilled and the MIL has not been illumi-
nated for any other type of malfunction.
(C) The Executive Officer may approve other strategies that provide
equivalent assurance that a vehicle operator will be promptly notified and
that corrective action will be undertaken.
(6.4.3) The monitoring method for the catalyst(s) shall be capable of
detecting all instances, except diagnostic self-clearing, when a catalyst
fault code has been cleared but the catalyst has not been replaced (e.g.,
catalyst overtemperature histogram approaches are not acceptable).
(7) NOx Adsorber Monitoring
(7.1) Requirement: The OBD system shall monitor the NOx adsorber
on engines so-equipped for proper performance. For engines equipped
with active/intrusive injection (e.g., in-exhaust fuel and/or air injection)
to achieve desorption of the NOx adsorber, the OBD system shall moni-
tor the active/intrusive injection system for proper performance. The in-
dividual electronic components (e.g., injectors, valves, sensors) that are
used in the active/intrusive injection system shall be monitored in accor-
dance with the comprehensive component requirements in section (g)(3).
(7.2) Malfunction Criteria:
(7.2.1) NOx adsorber capability:
(A) For 2010 through 2012 model year engines, the OBD system shall
detect a NOx adsorber system malfunction when the NOx adsorber capa-
bility decreases to the point that would cause an engine's NOx emissions
to exceed any of the applicable standards by more than 0.3 g/bhp-hr (e.g.,
cause emissions to exceed 0.5 g/bhp-hr if the emission standard is 0.2
g/bhp-hr) as measured from an applicable cycle emission test (i.e., FTP
or SET). If no failure or deterioration of the NOx adsorber capability
could result in an engine's NOx emissions exceeding any of the applica-
ble standards by more than 0.3 g/bhp-hr, the OBD system shall detect a
malfunction when the system has no detectable amount of NOx adsorber
capability.
(B) For 2013 and subsequent model year engines, the OBD system
shall detect a NOx adsorber system malfunction when the NOx adsorber
capability decreases to the point that would cause an engine's NOx emis-
sions to exceed any of the applicable standards by more than 0.2 g/bhp-hr
(e.g., cause emissions to exceed 0.4 g/bhp-hr if the emission standard is
0.2 g/bhp-hr) as measured from an applicable cycle emission test (i.e.,
FTP or SET). If no failure or deterioration of the NOx adsorber capability
could result in an engine's NOx emissions exceeding any of the applica-
ble standards by more than 0.2 g/bhp-hr, the OBD system shall detect a
malfunction when the system has no detectable amount of NOx adsorber
capability.
(7.2.2) For systems that utilize active/intrusive injection (e.g., in-cyl-
inder post fuel injection, in-exhaust air-assisted fuel injection) to
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achieve desorption of the NOx adsorber, the OBD system shall detect a
malfunction if any failure or deterioration of the injection system's abil-
ity to properly regulate injection causes the system to be unable to
achieve desorption of the NOx adsorber.
(7.2.3) Feedback control:. Except as provided for in section (e)(7.2.4),
if the engine is equipped with feedback control of the NOx adsorber or
active/intrusive injection system (e.g., feedback control of injection
quantity, time), the OBD system shall detect a malfunction:
(A) If the system fails to begin feedback control within a manufacturer
specified time interval;
(B) If a failure or deterioration causes open loop or default operation;
or
(C) If feedback control has used up all of the adjustment allowed by
the manufacturer.
(7.2.4) A manufacturer may request Executive Officer approval to
temporarily disable monitoring for the malfunction criteria specified in
section (e)(7.2.3)(C) during conditions that a manufacturer cannot ro-
bustly distinguish between a malfunctioning system and a properly oper-
ating system. The Executive Officer shall approve the disablement upon
the manufacturer submitting data and/or analysis demonstrating that the
control system, when operating as designed on an engine with all emis-
sion controls working properly, routinely operates during these condi-
tions with all of the adjustment allowed by the manufacturer used up.
(7.2.5) In lieu of detecting the malfunctions specified in sections
(e)(7.2.3)(A) and (B) with a NOx adsorber-specific monitor, the OBD
system may monitor the individual parameters or components that are
used as inputs for NOx adsorber or active/intrusive injection system
feedback control provided that the monitors detect all malfunctions that
meet the criteria in sections (e)(7.2.3)(A) and (B).
(7.3) Monitoring Conditions:
(7.3.1) Manufacturers shall define the monitoring conditions for mal-
functions identified in sections (e)(7.2.1) (i.e., adsorber capability) in ac-
cordance with sections (d)(3. 1) and (d)(3.2) (i.e., minimum ratio require-
ments). For purposes of tracking and reporting as required in section
(d)(3.2. 1), all monitors used to detect malfunctions identified in sections
(e)(7.2.1 ) shall be tracked separately but reported as a single set of values
as specified in section (d)(5.2.2).
(7.3.2) The OBD system shall monitor continuously for malfunctions
identified in sections (e)(7.2.2) and (7.2.3) (e.g., injection function, feed-
back control).
(7.4) MIL Illumination and Fault Code Storage: General requirements
for MIL illumination and fault code storage are set forth in section (d)(2).
(8) Particulate Matter (PM) Filter Monitoring
(8. 1 ) Requirement: The OBD system shall monitor the PM filter on en-
gines so-equipped for proper performance. For engines equipped with
active regeneration systems that utilize an active/intrusive injection (e.g.,
in-exhaust fuel injection, in-exhaust fuel/air burner), the OBD system
shall monitor the active/intrusive injection system for proper perfor-
mance. The individual electronic components (e.g., injectors, valves,
sensors) that are used in the active/intrusive injection system shall be
monitored in accordance with the comprehensive component require-
ments in section (g)(3).
(8.2) Malfunction Criteria:
(8.2.1) Filtering Performance:
(A) Except as specified in section (e)(8.2.1.)(B) below, for 2010
through 2015 model year engines, the OBD system shall detect a mal-
function prior to a decrease in the filtering capability of the PM filter
(e.g., cracking) that would cause an engine's PM emissions to exceed ei-
ther of the following thresholds, whichever is higher: 0.05 g/bhp-hr as
measured from an applicable emission test cycle (i.e., FTP or SET); or
the applicable standard plus 0.04 g/bhp-hr (e.g., 0.05 g/bhp-hr if the
emission standard is 0.01 g/bhp-hr). If no failure or deterioration of the
PM filtering performance could result in an engine's PM emissions ex-
ceeding these levels, the OBD system shall detect a malfunction when no
detectable amount of PM filtering occurs.
(B) For 2013 through 2015 model year engines subject to
(d)(7.2.2)(A) and for all 2016 and subsequent model year engines, the
OBD system shall detect a malfunction prior to a decrease in the filtering
capability of the PM filter that would cause an engine's PM emissions to
exceed either of the following thresholds, whichever is higher: 0.03
g/bhp-hr as measured from an applicable emission test cycle (i.e., FTP
or SET); or the applicable standard plus 0.02 g/bhp-hr (e.g., 0.03 g/bhp-
hr if the emission standard isO.Ol g/bhp-hr). If no failure or deterioration
of the PM filtering performance could result in an engine' s PM emissions
exceeding these levels, the OBD system shall detect a malfunction when
no detectable amount of PM filtering occurs.
(8.2.2) Frequent Regeneration: The OBD system shall detect a mal-
function when the PM filter regeneration frequency increases from (i.e.,
occurs more often than) the manufacturer's specified regeneration fre-
quency to a level such that it would cause an engine's NMHC emissions
to exceed 2.0 times the applicable standards. If no failure or deterioration
causes an increase in the PM filter regeneration frequency that could re-
sult in an engine's NMHC emissions exceeding 2.0 times the applicable
standards, the OBD system shall detect a malfunction when the PM filter
regeneration frequency exceeds the manufacturer's specified design lim-
its for allowable regeneration frequency.
(8.2.3) Incomplete regeneration: The OBD system shall detect a re-
generation malfunction when the PM filter does not properly regenerate
under manufacturer-defined conditions where regeneration is designed
to occur.
(8.2.4) NMHC conversion: For catalyzed PM filters that convert
NMHC emissions, the OBD system shall monitor the catalyst function
of the PM filter and detect a malfunction when the NMHC conversion ca-
pability decreases to the point that NMHC emissions exceed 2.0 times the
applicable standards. If no failure or deterioration of the NMHC conver-
sion capability could result in an engine's NMHC emissions exceeding
2.0 times the applicable standards, the OBD system shall detect a mal-
function when the system has no detectable amount of NMHC conver-
sion capability.
(8.2.5) Missing substrate: The OBD system shall detect a malfunction
if either the PM filter substrate is completely destroyed, removed, or mis-
sing, or if the PM filter assembly is replaced with a muffler or straight
pipe.
(8.2.6) Active/Intrusive Injection: For systems that utilize active/in-
trusive injection (e.g., in-cylinder post fuel injection, in-exhaust air-as-
sisted fuel injection) to achieve regeneration of the PM filter, the OBD
system shall detect a malfunction if any failure or deterioration of the in-
jection system's ability to properly regulate injection causes the system
to be unable to achieve regeneration of the PM filter.
(8.2.7) Feedback Control: Except as provided for in section (e)(8.2.8),
if the engine is equipped with feedback control of the PM filter regenera-
tion (e.g., feedback control of oxidation catalyst inlet temperature, PM
filter inlet or outlet temperature, in-cylinder or in-exhaust fuel injec-
tion), the OBD system shall detect a malfunction:
(A) If the system fails to begin feedback control within a manufacturer
specified time interval;
(B) If a failure or deterioration causes open loop or default operation;
or
(C) If feedback control has used up all of the adjustment allowed by
the manufacturer.
(8.2.8) A manufacturer may request Executive Officer approval to
temporarily disable monitoring for the malfunction criteria specified in
section (e)(8.2.7)(C) during conditions that a manufacturer cannot ro-
bustly distinguish between a malfunctioning system and a properly oper-
ating system. The Executive Officer shall approve the disablement upon
the manufacturer submitting data and/or analysis demonstrating that the
control system, when operating as designed on an engine with all emis-
sion controls working properly, routinely operates during these condi-
tions with all of the adjustment allowed by the manufacturer used up.
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§ 1971.1
(8.2.9) In lieu of detecting the malfunctions specified in sections
(e)(8.2.7)(A) and (B) with a PM filter-specific monitor, the OBD system
may monitor the individual parameters or components that are used as
inputs for PM filter regeneration feedback control provided that the mon-
itors detect all malfunctions that meet the criteria in sections
(e)(8.2.7)(A) and (B).
(8.3) Monitoring Conditions: Manufacturers shall define the monitor-
ing conditions for malfunctions identified in sections (e)(8.2.1) through
(8.2.7) in accordance with sections (d)(3.1) and (d)(3.2) (i.e., minimum
ratio requirements), with the exception that monitoring shall occur every
time the monitoring conditions are met during the driving cycle in lieu
of once per driving cycle as required in section (d)(3.1.2). For purposes
of tracking and reporting as required in section (d)(3.2.1). all monitors
used to detect malfunctions identified in sections (e)(8.2.1) shall be
tracked separately but reported as a single set of values as specified in
section (d)(5.2.2).
(8.4) MIL Illumination and Fault Code Storage: General requirements
for MIL illumination and fault code storage are set forth in section (d)(2).
(9) Exhaust Gas Sensor Monitoring
(9.1) Requirement:
(9.1.1) The OBD system shall monitor all exhaust gas sensors (e.g.,
oxygen, air-fuel ratio. NOx) used for emission control system feedback
(e.g., EGR control/feedback, SCR control/feedback, NOx adsorber con-
trol/feedback) or as a monitoring device for proper output signal, activ-
ity, response rate, and any other parameter that can affect emissions.
(9.1.2) For engines equipped with heated exhaust gas sensors, the
OBD system shall monitor the heater for proper performance.
(9.2) Malfunction Criteria:
(9.2.1) Air-Fuel Ratio Sensors:
(A) For sensors located upstream of the aftertreatment:
(i) Sensor performance faults: The OBD system shall detect a mal-
function prior to any failure or deterioration of the sensor voltage, resis-
tance, impedance, current, response rate, amplitude, offset, or other char-
acteristic^) that would cause an engine's NMHC, CO, or NOx emissions
to exceed 2.0 times any of the applicable standards or the engine's PM
emissions to exceed any of the applicable standards plus 0.02 g/bhp-hr.
(ii) Circuit faults: The OBD system shall detect malfunctions of the
sensor caused by either a lack of circuit continuity or out-of-range val-
ues.
(iii) Feedback faults: The OBD system shall detect a malfunction of
the sensor when a sensor failure or deterioration causes an emission con-
trol system (e.g., EGR, SCR, or NOx adsorber) to stop using that sensor
as a feedback input (e.g., causes default or open-loop operation).
(iv) Monitoring capability: To the extent feasible, the OBD system
shall detect a malfunction of the sensor when the sensor output voltage,
resistance, impedance, current, amplitude, activity, offset, or other char-
acteristics are no longer sufficient for use as an OBD system monitoring
device (e.g., for catalyst, EGR, SCR, or NOx adsorber monitoring).
(B) For sensors located downstream of the aftertreatment:
(i) Sensor performance faults:
a. For 2010 through 2012 model year engines, the OBD system shall
detect a malfunction prior to any failure or deterioration of the sensor
voltage, resistance, impedance, current, response rate, amplitude, offset,
or other characteristic(s) that would cause an engine's NMHC emissions
to exceed 2.5 times any of the applicable standards, cause an engine's
NOx emissions to exceed any of the applicable standards by more than
0.3 g/bhp-hr (e.g., cause emissions to exceed 0.5 g/bhp-hr if the emis-
sion standard is 0.2 g/bhp-hr) as measured from an applicable cycle
emission test (i.e., FTP or SET), or cause an engine's PM emissions to
exceed (whichever is higher): 0.05 g/bhp-hr as measured from an appli-
cable cycle emission test (i.e., FTP or SET); or any of the applicable stan-
dards by more than 0.04 g/bhp-hr (e.g., cause emissions to exceed 0.05
g/bhp-hr if the emission standard is 0.01 g/bhp-hr).
b. For 201 3 and subsequent model year engines, the OBD system shall
detect a malfunction prior to any failure or deterioration of the sensor
voltage, resistance, impedance, current, response rate, amplitude, offset,
or other characteristic(s) that would cause an engine' s NMHC emissions
to exceed 2.0 times any of the applicable standards, cause an engine's
NOx emissions to exceed any of the applicable standards by more than
0.2 g/bhp-hr (e.g., cause emissions to exceed 0.4 g/bhp-hr if the emis-
sion standard is 0.2 g/bhp-hr) as measured from an applicable cycle
emission test (i.e., FTP or SET), or cause an engine's PM emissions to
exceed (whichever is higher): 0.03 g/bhp-hr as measured from an appli-
cable cycle emission test (i.e.. FTP or SET); or any of the applicable stan-
dards by more than 0.02 g/bhp-hr (e.g., cause emissions to exceed 0.03
g/bhp-hr if the emission standard is 0.01 g/bhp-hr).
(ii) Circuit faults: The OBD system shall detect malfunctions of the
sensor caused by either a lack of circuit continuity or out-of-range val-
ues.
(iii) Feedback faults: The OBD system shall detect a malfunction of
the sensor when a sensor failure or deterioration causes an emission con-
trol system (e.g., EGR, SCR, or NOx adsorber) to stop using that sensor
as a feedback input (e.g., causes default or open-loop operation).
(iv) Monitoring capability: To the extent feasible, the OBD system
shall detect a malfunction of the sensor when the sensor output voltage,
resistance, impedance, current, amplitude, activity, offset, or other char-
acteristics are no longer sufficient for use as an OBD system monitoring
device (e.g., for catalyst, EGR, SCR, or NOx adsorber monitoring).
(9.2.2) NOx sensors:
(A) Sensor performance faults:
(i) For 2010 through 2012 model year engines, the OBD system shall
detect a malfunction prior to any failure or deterioration of the sensor
voltage, resistance, impedance, current, response rate, amplitude, offset,
or other characteristic(s) that would cause an engine's NOx emissions to
exceed any of the applicable standards by more than 0.3 g/bhp-hr (e.g.,
cause emissions to exceed 0.5 g/bhp-hr if the emission standard is 0.2
g/bhp-hr) as measured from an applicable cycle emission test (i.e., FTP
or SET), or cause an engine's PM emissions to exceed (whichever is
higher): 0.05 g/bhp-hr as measured from an applicable cycle emission
test (i.e., FTP or SET); or any of the applicable standards by more than
0.04 g/bhp-hr (e.g., cause emissions to exceed 0.05 g/bhp-hr if the emis-
sion standard is 0.01 g/bhp-hr).
(ii) For 2013 and subsequent model year engines, the OBD system
shall detect a malfunction prior to any failure or deterioration of the sen-
sor voltage, resistance, impedance, current, response rate, amplitude,
offset, or other characteristic(s) that would cause an engine's NOx emis-
sions to exceed any of the applicable standards by more than 0.2 g/bhp-hr
(e.g., cause emissions to exceed 0.4 g/bhp-hr if the emission standard is
0.2 g/bhp-hr) as measured from an applicable cycle emission test (i.e.,
FTP or SET), or cause an engine's PM emissions to exceed (whichever
is higher): 0.03 g/bhp-hr as measured from an applicable cycle emission
test (i.e., FTP or SET); or any of the applicable standards by more than
0.02 g/bhp-hr (e.g., cause emissions to exceed 0.03 g/bhp-hr if the emis-
sion standard is 0.01 g/bhp-hr).
(B) Circuit faults: The OBD system shall detect malfunctions of the
sensor caused by either a lack of circuit continuity or out-of-range val-
ues.
(C) Feedback faults: The OBD system shall detect a malfunction of the
sensor when a sensor failure or deterioration causes an emission control
system (e.g., EGR, SCR, or NOx adsorber) to stop using that sensor as
a feedback input (e.g., causes default or open-loop operation).
(D) Monitoring capability: To the extent feasible, the OBD system
shall detect a malfunction of the sensor when the sensor output voltage,
resistance, impedance, current, amplitude, activity, offset, or other char-
acteristics are no longer sufficient for use as an OBD system monitoring
device (e.g., for catalyst, EGR, SCR, or NOx adsorber monitoring).
(9.2.3) Other exhaust gas sensors:
(A) For other exhaust gas sensors, the manufacturer shall submit a
monitoring plan to the Executive Officer for approval. The Executive Of-
ficer shall approve the request upon determining that the manufacturer
has submitted data and an engineering evaluation that demonstrate that
the monitoring plan is as reliable and effective as the monitoring plan re-
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quired for air-fuel ralio sensors and NOx sensors under sections
(e)(9.2.1) and (e)(9.2.2).
(9.2.4) Sensor Heaters:
(A) The OBD system shall detect a malfunction of the heater perfor-
mance when the current or voltage drop in the heater circuit is no longer
within the manufacturer's specified limits for normal operation (i.e.,
within the criteria required to be met by the component vendor for heater
circuit performance at high mileage). Subject to Executive Officer ap-
proval, other malfunction criteria for heater performance malfunctions
may be used upon the Executive Officer determining that the manufac-
turer has submitted data and/or an engineering evaluation that demon-
strate the monitoring reliability and timeliness to be equivalent to the
stated criteria in section (e)(9.2.4)(A).
(B) The OBD system shall detect malfunctions of the heater circuit in-
cluding open or short circuits that conflict with the commanded state of
the heater (e.g., shorted to 12 Volts when commanded to 0 Volts
(ground)).
(9.3) Monitoring Conditions:
(9.3.1) Exhaust Gas Sensors
(A) Manufacturers shall define the monitoring conditions for malfunc-
tions identified in sections (e)(9.2.1)(A)(i), (9.2.1)(B)(i), and (9.2.2)(A)
(e.g., sensor performance faults) in accordance with sections (d)(3.I ) and
(d)(3.2) (i.e., minimum ratio requirements). For purposes of tracking and
reporting as required in section (d)(3.2. 1), all monitors used to detect
malfunctions identified in sections (e)(9.2.1)(A)(i), (9.2.1 )(B)(i), and
(9.2.2)(A) shall be tracked separately but reported as a single set of values
as specified in section (d)(5.2.2).
(B) Manufacturers shall define the monitoring conditions for malfunc-
tions identified in sections (9.2.1)(A)(iv), (9.2.1)(B)(iv), and (9.2.2)(D)
(e.g., monitoring capability) in accordance with sections (d)(3.1) and
(d)(3.2) (i.e., minimum ratio requirements) with the exception that moni-
toring shall occur every time the monitoring conditions are met during
the driving cycle in lieu of once per driving cycle as required in section
(d)(3.1.2).
(C) Except as provided in section (e)(9.3.1)(D), monitoring for mal-
functions identified in sections (e)(9.2.1)(A)(ii), (9.2.1)(A)(iii),
(9.2. l)(B)(ii), (9.2. 1 )(B)(iii), (9.2.2)(B), and (9.2.2)(C) (i.e., circuit con-
tinuity, and open-loop malfunctions) shall be conducted continuously.
(D) A manufacturer may request Executive Officer approval to disable
continuous exhaust gas sensor monitoring when an exhaust gas sensor
malfunction cannot be distinguished from other effects (e.g., disable out-
of-range low monitoring during fuel cut conditions). The Executive Of-
ficer shall approve the disablement upon determining that the manufac-
turer has submitted test data and/or documentation that demonstrate a
properly functioning sensor cannot be distinguished from a malfunction-
ing sensor and that the disablement interval is limited only to that neces-
sary for avoiding false detection.
(9.3.2) Sensor Heaters
(A) Manufacturers shall define monitoring conditions for malfunc-
tions identified in section (e)(9.2.4)(A) (i.e., sensor heater performance)
in accordance sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio require-
ments).
(B) Monitoring for malfunctions identified in section (e)(9.2.4)(B)
(i.e., circuit malfunctions) shall be conducted continuously.
(9.4) MIL Illumination and Fault Code Storage: General requirements
for MIL illumination and fault code storage are set forth in section (d)(2).
(10) Variable Valve Timing and/or Control (VVT) System Monitor-
ing
(10.1) Requirement: The OBD system shall monitor the VVT system
on engines so-equipped for target error and slow response malfunctions.
The individual electronic components (e.g., actuators, valves, sensors)
that are used in the VVT system shall be monitored in accordance with
the comprehensive components requirements in section (g)(3).
(10.2) Malfunction Criteria:
(10.2.1) Target Error: The OBD system shall detect a malfunction
prior to any failure or deterioration in the capability of the VVT system
to achieve the commanded valve timing and/or control within a crank
angle and/or lift tolerance that would cause an engine's NHMC, NOx, or
CO emissions to exceed 2.0 times any of the applicable standards or an
engine's PM emissions to exceed a threshold of the applicable standard
plus 0.02 g/bhp-hr.
(10.2.2) Slow Response: The OBD system shall delect a malfunction
prior to any failure or deterioration in the capability of the VVT system
to achieve the commanded valve timing and/or control within a manufac-
turer-specified time that would cause an engine's NHMC, NOx, or CO
emissions to exceed 2.0 times any of the applicable standards or an en-
gine's PM emissions to exceed a threshold of the applicable standard plus
6.02 g/bhp-hr.
(10.2.3) For engines in which no failure or deterioration of the VVT
system could result in an engine's emissions exceeding the thresholds of
sections (e)( 10.2.1) or (10.2.2), the OBD system shall detect a malfunc-
tion of the VVT system when proper functional response of the system
to computer commands does not occur.
(10.3) Monitoring Conditions: Manufacturers shall define the moni-
toring conditions for VVT system malfunctions identified in section
(e)(10.2) in accordance with sections (d)(3. 1 ) and (d)(3.2) (i.e., minimum
ratio requirements), with the exception that monitoring shall occur every
time the monitoring conditions are met during the driving cycle in lieu
of once per driving cycle as required in section (d)(3.1 .2). For purposes
of tracking and reporting as required in section (d)(3.2.1), all monitors
used to detect malfunctions identified in section (e)( 1 0.2) shall be tracked
separately but reported as a single set of values as specified in section
(d)(5.2.2).
(10.4) MIL Illumination and Fault Code Storage: General require-
ments for MIL illumination and fault code storage are set forth in section
(d)(2).
(f) Monitoring Requirements for Gasoline/Spark-Ignited Engines
(1) Fuel System Monitoring
(1.1) Requirement: The OBD system shall monitor the fuel delivery
system to determine its ability to provide compliance with emission stan-
dards.
(1.2) Malfunction Criteria:
(1 .2.1) The OBD system shall detect a malfunction of the fuel delivery
system (including feedback control based on a secondary oxygen sensor)
when the fuel delivery system is unable to maintain an engine's emis-
sions at or below 1.5 times the applicable standards.
(1 .2.2) Except as provided for in section (f)(l .2.3) below, if the engine
is equipped with adaptive feedback control, the OBD system shall detect
a malfunction when the adaptive feedback control has used up all of the
adjustment allowed by the manufacturer.
( 1 .2.3) If the engine is equipped with feedback control that is based on
a secondary oxygen (or equivalent) sensor, the OBD system is not re-
quired to detect a malfunction of the fuel system solely when the feed-
back control based on a secondary oxygen sensor has used up all of the
adjustment allowed by the manufacturer. However, if a failure or deterio-
ration results in engine emissions that exceed the malfunction criteria in
section (f)( 1.2.1), the OBD system is required to detect a malfunction.
(1 .2.4) The OBD system shall detect a malfunction whenever the fuel
control system fails to enter closed-loop operation within an Executive
Officer-approved time interval after engine start. Executive Officer ap-
proval of the time interval shall be granted upon determining that the data
and/or engineering evaluation submitted by the manufacturer supports
the specified times.
( 1 .2.5) Manufacturers may adjust the malfunction criteria and/or mon-
itoring conditions to compensate for changes in altitude, for temporary
introduction of large amounts of purge vapor, or for other similar identifi-
able operating conditions when they occur.
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§ 1971.1
( 1 .3) Monitoring Conditions: The fuel system shall be monitored con-
tinuously for the presence of a malfunction.
(1.4) MIL Illumination and Fault Code Storage:
( 1 .4. 1 ) A pending fault code shall be stored immediately upon the fuel
system exceeding the malfunction criteria established pursuant to section
(0(1.2).
(1.4.2) Except as provided below, if a pending fault code is stored, the
OBD system shall immediately illuminate the MIL and store a confirmed
fault code if a malfunction is again detected during either of the following
two events: (a) the driving cycle immediately following the storage of the
pending fault code, regardless of the conditions encountered during the
driving cycle; or (b) on the next driving cycle in which similar conditions
(see section (c)) to those that occurred when the pending fault code was
stored are encountered.
(1.4.3) The pending fault code may be erased at the end of the next
driving cycle in which similar conditions have been encountered without
an exceedance of the specified fuel system malfunction criteria. The
pending code may also be erased if similar conditions are not encoun-
tered during the 80 driving cycles immediately after the initial detection
of a malfunction for which the pending code was set.
(1 .4.4) Storage of freeze frame conditions.
(A) The OBD system shall store and erase freeze frame conditions ei-
ther in conjunction with storing and erasing a pending fault code or in
conjunction with storing and erasing a confirmed fault code.
(B) If freeze frame conditions are stored for a malfunction other than
a misfire (see section (f)(2)) or fuel system malfunction when a fault code
is stored as specified in section (f)(lA) above, the stored freeze frame in-
formation shall be replaced with freeze frame information regarding the
fuel system malfunction.
(1.4.5) Storage of fuel system conditions for determining similar
conditions of operation. Upon detection of a fuel system malfunction un-
der section (f)(l.2), the OBD system shall store the engine speed, load,
and warm-up status of the first fuel system malfunction that resulted in
the storage of the pending fault code.
(1.4.6) Extinguishing the MIL. The MIL may be extinguished after
three sequential driving cycles in which similar conditions have been en-
countered without a malfunction of the fuel system.
(2) Misfire Monitoring
(2.1) Requirement:
(2.1.1) The OBD system shall monitor the engine for misfire causing
catalyst damage and misfire causing excess emissions.
(2.1.2) The OBD system shall identify the specific cylinder that is ex-
periencing misfire. Manufacturers may request Executive Officer ap-
proval to store a general misfire fault code instead of a cylinder specific
fault code under certain operating conditions. The Executive Officer
shall approve the request upon determining that the manufacturer has
submitted data and/or an engineering evaluation that demonstrate that the
misfiring cylinder cannot be reliably identified when the conditions oc-
cur.
(2.1.3) If more than one cylinder is misfiring, a separate fault code
shall be stored indicating that multiple cylinders are misfiring except as
allowed below. When identifying multiple cylinder misfire, the OBD
system is not required to also identify each of the misfiring cylinders indi-
vidually through separate fault codes. If more than 90 percent of the de-
tected misfires occur in a single cylinder, the OBD system may elect to
store the appropriate fault code indicating the specific misfiring cylinder
in lieu of the multiple cylinder misfire fault code. If, however, two or
more cylinders individually have more than 10 percent of the total num-
ber of detected misfires, a multiple cylinder fault code must be stored.
(2.2) Malfunction Criteria: The OBD system shall detect a misfire
malfunction pursuant to the following:
(2.2.1) Misfire causing catalyst damage:
(A) Manufacturers shall determine the percentage of misfire evaluated
in 200 revolution increments for each engine speed and load condition
that would result in a temperature that causes catalyst damage. The
manufacturer shall submit documentation to support this percentage of
misfire as required in section (j)(2.5). For every engine speed and load
condition that this percentage of misfire is determined to be lower than
five percent, the manufacturer may set the malfunction criteria at five
percent.
(B) Subject to Executive Officer approval, a manufacturer may
employ a longer interval than 200 revolutions but only for determining,
on a given driving cycle, the first misfire exceedance as provided in sec-
tion (f)(2.4. 1)(A) below. Executive Officer approval shall be granted
upon determining that the manufacturer has submitted data and/or an en-
gineering evaluation that demonstrate that catalyst damage would not oc-
cur due to unacceptably high catalyst temperatures before the interval has
elapsed.
(C) A misfire malfunction shall be detected if the percentage of misfire
established in section (f)(2.2.1)(A) is exceeded.
(D) For purposes of establishing the temperature at which catalyst
damage occurs as required in section (f)(2.2.1)(A), manufacturers may
not define catalyst damage at a temperature more severe than what the
catalyst system could be operated at for 10 consecutive hours and still
meet the applicable standards.
(2.2.2) Misfire causing emissions to exceed 1.5 times the applicable
standards:
(A) Manufacturers shall determine the percentage of misfire evaluated
in 1000 revolution increments that would cause emissions from an emis-
sion durability demonstration engine to exceed 1 .5 times any of the appli-
cable standards if the percentage of misfire were present from the begin-
ning of the test. To establish this percentage of misfire, the manufacturer
shall utilize misfire events occurring at equally spaced, complete engine
cycle intervals, across randomly selected cylinders throughout each
1000-revolution increment. If this percentage of misfire is determined to
be lower than one percent, the manufacturer may set the malfunction cri-
teria at one percent.
(B) Subject to Executive Officer approval, a manufacturer may
employ other revolution increments. The Executive Officer shall grant
approval upon determining that the manufacturer has demonstrated that
the strategy would be equally effective and timely in detecting misfire.
(C) A malfunction shall be detected if the percentage of misfire estab-
lished in section (f)(2.2.2)(A) is exceeded regardless of the pattern of
misfire events (e.g., random, equally spaced, continuous).
(2.3) Monitoring Conditions:
(2.3.1) The OBD system shall continuously monitor for misfire under
the following conditions:
(A) From no later than the end of the second crankshaft revolution after
engine start,
(B) During the rise time and settling time for engine speed to reach the
desired idle engine speed at engine start-up (i.e., "flare-up" and "flare-
down"), and
(C) Under all positive torque engine speeds and load conditions except
within the following range: the engine operating region bound by the
positive torque line (i.e., engine load with the transmission in neutral),
and the two following engine operating points: an engine speed of 3000
rpm with the engine load at the positive torque line, and the redline engine
speed (defined in section (c)) with the engine's manifold vacuum at four
inches of mercury lower than that at the positive torque line.
(2.3.2) If a monitoring system cannot detect all misfire patterns under
all required engine speed and load conditions as required in section
(f)(2.3.1) above, the manufacturer may request Executive Officer ap-
proval to accept the monitoring system. In evaluating the manufacturer's
request, the Executive Officer shall consider the following factors: the
magnitude of the region(s) in which misfire detection is limited, the de-
gree to which misfire detection is limited in the region(s) (i.e., the proba-
bility of detection of misfire events), the frequency with which said re-
gion^) are expected to be encountered in-use, the type of misfire
patterns for which misfire detection is troublesome, and demonstration
that the monitoring technology employed is not inherently incapable of
detecting misfire under required conditions (i.e., compliance can be
achieved on other engines). The evaluation shall be based on the follow-
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ing misfire patterns: equally spaced misfire occurring on randomly se-
lected cylinders, single cylinder continuous misfire, and paired cylinder
(cylinders firing at the same crank angle) continuous misfire.
(2.3.3) A manufacturer may request Executive Officer approval of a
monitoring system that has reduced misfire detection capability during
the portion of the first 1 000 revolutions after engine start that a cold start
emission reduction strategy that reduces engine torque (e.g., spark retard
strategies) is active. The Executive Officer shall approve the request
upon determining that the manufacturer has demonstrated that the proba-
bility of detection is greater than or equal to 75 percent during the worst
case condition (i.e., lowest generated torque) for a vehicle operated con-
tinuously at idle (park/neutral idle) on a cold start between 50 and 86 de-
grees Fahrenheit and that the technology cannot reliably detect a higher
percentage of the misfire events during the conditions.
(2.3.4) A manufacturer may request Executive Officer approval to dis-
able misfire monitoring or employ an alternate malfunction criterion
when misfire cannot be distinguished from other effects.
(A) Upon determining that the manufacturer has presented documen-
tation that demonstrates the disablement interval or period of use of an
alternate malfunction criterion is limited only to that necessary for avoid-
ing false detection, the Executive Officer shall approve the disablement
or use of the alternate malfunction criterion for conditions involving:
(i) rough road,
(ii) fuel cut,
(iii) gear changes for manual transmission vehicles,
(iv) traction control or other vehicle stability control activation such
as anti-lock braking or other engine torque modifications to enhance ve-
hicle stability,
(v) off-board control or intrusive activation of vehicle components or
diagnostics during service or assembly plant testing,
(vi) portions of intrusive evaporative system or EGR diagnostics that
can significantly affect engine stability (i.e., while the purge valve is
open during the vacuum pull-down of a evaporative system leak check
but not while the purge valve is closed and the evaporative system is
sealed or while an EGR diagnostic causes the EGR valve to be intrusively
cycled on and off during positive torque conditions), or
(vii) engine speed, load, or torque transients due to throttle movements
more rapid than occurs over the FTP cycle for the worst case engine with-
in each engine family.
(B) Additionally, the Executive Officer will approve a manufacturer's
request in accordance with sections (g)(5.3), (g)(5.4), and (g)(5.6) to dis-
able misfire monitoring when the fuel level is 15 percent or less of the
nominal capacity of the fuel tank, when PTO units are active, or while
engine coolant temperature is below 20 degrees Fahrenheit. The Execu-
tive Officer will approve a request to continue disablement on engine
starts when engine coolant temperature is below 20 degrees Fahrenheit
at engine start until engine coolant temperature exceeds 70 degrees Fahr-
enheit.
(C) In general, the Executive Officer shall not approve disablement for
conditions involving normal air conditioning compressor cycling from
on-to-off or off-to-on, automatic transmission gear shifts (except for
shifts occurring during wide open throttle operation), transitions from
idle to off-idle, normal engine speed or load changes that occur during
the engine speed rise time and settling time (i.e., "flare-up" and "flare-
down") immediately after engine starting without any vehicle operator-
induced actions (e.g., throttle stabs), or excess acceleration (except for
acceleration rates that exceed the maximum acceleration rate obtainable
at wide open throttle while the vehicle is in gear due to abnormal condi-
tions such as slipping of a clutch).
(D) The Executive Officer may approve misfire monitoring disable-
ment or use of an alternate malfunction criterion for any other condition
on a case by case basis upon determining that the manufacturer has dem-
onstrated that the request is based on an unusual or unforeseen circum-
stance and that it is applying the best available computer and monitoring
technology.
(2.3.5) For engines with more than eight cylinders that cannot meet the
requirements of section (0(2.3. 1 ), a manufacturer may request Executive
Officer approval to use alternative misfire monitoring conditions. The
Executive Officer shall approve the request upon determining that the
manufacturer has submitted data and/or an engineering evaluation that
demonstrate that misfire detection throughout the required operating re-
gion cannot be achieved when employing proven monitoring technology
(i.e., a technology that provides for compliance with these requirements
on other engines) and provided misfire is detected to the fullest extent
permitted by the technology. However, the Executive Officer may not
grant the request if the misfire detection system is unable to monitor dur-
ing all positive torque operating conditions encountered during an FTP
cycle.
(2.4) MJL Illumination and Fault Code Storage:
(2.4.1) Misfire causing catalyst damage. Upon detection of the per-
centage of misfire specified in section (0(2.2.1 ) above, the following cri-
teria shall apply for MIL illumination and fault code storage:
(A) Pending fault codes
(i) A pending fault code shall be stored immediately if, during a single
driving cycle, the specified percentage of misfire is exceeded three times
when operating in the positive torque region encountered during an FTP
cycle or is exceeded on a single occasion when operating at any other en-
gine speed and load condition in the positive torque region defined in sec-
tion (f)(2.3.1).
(ii) Immediately after a pending fault code is stored as specified in sec-
tion (0(2.4. l)(A)(i) above, the MIL shall blink once per second at all
times while misfire is occurring during the driving cycle.
a. The MIL may be extinguished during those times when misfire is
not occurring during the driving cycle.
b. If, at the time a misfire malfunction occurs, the MIL is already illu-
minated for a malfunction other than misfire, the MIL shall blink as pre-
viously specified in section (0(2.4. l)(A)(ii) while misfire is occurring.
If misfiring ceases, the MIL shall stop blinking but remain illuminated
as required by the other malfunction.
(B) Confirmed fault codes
(i) If a pending fault code for exceeding the percentage of misfire set
forth in section (0(2.2.1) is stored, the OBD system shall immediately
store a confirmed fault code if the percentage of misfire specified in sec-
tion (0(2.2.1) is again exceeded one or more times during either: (a) the
driving cycle immediately following the storage of the pending fault
code, regardless of the conditions encountered during the driving cycle;
or (b) on the next driving cycle in which similar conditions (see section
(c)) to the engine conditions that occurred when the pending fault code
was stored are encountered.
(ii) If a pending fault code for exceeding the percentage of misfire set
forth in section (0(2.2.2) is stored from a previous driving cycle, the
OBD system shall immediately store a confirmed fault code if the per-
centage of misfire specified in section (0(2.2.1) is exceeded one or more
times regardless of the conditions encountered.
(iii) Upon storage of a confirmed fault code, the MIL shall blink as spe-
cified in subparagraph (0(2.4. 1 )(A)(ii) above as long as misfire is occur-
ring and the MIL shall remain continuously illuminated if the misfiring
ceases.
(C) Erasure of pending fault codes
Pending fault codes shall be erased at the end of the next driving cycle
in which similar conditions to the engine conditions that occurred when
the pending fault code was stored have been encountered without any ex-
ceedance of the specified percentage of misfire. The pending code may
also be erased if similar driving conditions are not encountered during the
next 80 driving cycles subsequent to the initial detection of a malfunc-
tion.
(D) Exemptions for engines with fuel shutoff and default fuel control.
Notwithstanding sections (0(2.4. 1)(A) and (B) above, in engines that
provide for fuel shutoff and default fuel control to prevent over fueling
during catalyst damage misfire conditions, the MIL is not required to
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•
blink. Instead, the MIL may illuminate continuously in accordance with
the requirements for continuous MIL illumination in sections
(0(2.4.1 )(B)(iii) above upon detection of misfire, provided that the fuel
shutoff and default control are activated as soon as misfire is detected.
Fuel shutoff and default fuel control may be deactivated only to permit
fueling outside of the misfire range. Manufacturers may also periodical-
ly, but not more than once every 30 seconds, deactivate fuel shutoff and
default fuel control to determine if the specified catalyst damage percent-
age of misfire is still being exceeded. Normal fueling and fuel control
may be resumed if the specified catalyst damage percentage of misfire
is no longer being exceeded.
(E) Manufacturers may request Executive Officer approval of strate-
gies that continuously illuminate the MIL in lieu of blinking the MIL dur-
ing extreme catalyst damage misfire conditions (i.e., catalyst damage
misfire occurring at all engine speeds and loads). Executive Officer ap-
proval shall be granted upon determining that the manufacturer employs
the strategy only when catalyst damage misfire levels cannot be avoided
during reasonable driving conditions and the manufacturer has demon-
strated that the strategy will encourage operation of the vehicle in condi-
tions that will minimize catalyst damage (e.g., at low engine speeds and
loads).
(2.4.2) Misfire causing emissions to exceed 1.5 times the FTP stan-
dards. Upon detection of the percentage of misfire specified in section
(f)(2.2.2), the following criteria shall apply for MIL illumination and
fault code storage:
(A) Misfire within the first 1000 revolutions after engine start.
(i) A pending fault code shall be stored no later than after the first ex-
ceedance of the specified percentage of misfire during a single driving
cycle if the exceedance occurs within the first 1000 revolutions after en-
gine start (defined in section (c)) during which misfire detection is active.
(ii) If a pending fault code is stored, the OBD system shall illuminate
the MIL and store a confirmed fault code within 10 seconds if an excee-
dance of the specified percentage of misfire is again detected in the first
1000 revolutions during any subsequent driving cycle, regardless of the
conditions encountered during the driving cycle.
(iii) The pending fault code shall be erased at the end of the next driv-
ing cycle in which similar conditions to the engine conditions that oc-
curred when the pending fault code was stored have been encountered
without an exceedance of the specified percentage of misfire. The pend-
ing code may also be erased if similar conditions are not encountered dur-
ing the next 80 driving cycles immediately following the initial detection
of the malfunction.
(B) Exceedances after the first 1000 revolutions after engine start,
(i) A pending fault code shall be stored no later than after the fourth
exceedance of the percentage of misfire specified in section (f)(2.2.2)
during a single driving cycle.
(ii) If a pending fault code is stored, the OBD system shall illuminate
the MIL and store a confirmed fault code within 10 seconds if the percent-
age of misfire specified in section (f)(2.2.2) is again exceeded four times
during: (a) the driving cycle immediately following the storage of the
pending fault code, regardless of the conditions encountered during the
driving cycle; or (b) on the next driving cycle in which similar conditions
(see section (c)) to the engine conditions that occurred when the pending
fault code was stored are encountered.
(iii) The pending fault code may be erased at the end of the next driving
cycle in which similar conditions to the engine conditions that occurred
when the pending fault code was stored have been encountered without
an exceedance of the specified percentage of misfire. The pending code
may also be erased if similar conditions are not encountered during the
next 80driving cycles immediately following initial detection of the mal-
function.
(2.4.3) Storage of freeze frame conditions.
(A) The OBD system shall store and erase freeze frame conditions ei-
ther in conjunction with storing and erasing a pending fault code or in
conjunction with storing and erasing a confirmed fault code.
(B) If freeze frame conditions are stored for a malfunction other than
a misfire or fuel system malfunction (see section (f)(1)) when a fault code
is stored as specified in section (f)(2.4) above, the stored freeze frame in-
formation shall be replaced with freeze frame information regarding the
misfire malfunction.
(2.4.4) Storage of misfire conditions for similar conditions determina-
tion. Upon detection of misfire under sections (f)(2.4.1) or (2.4.2), the
OBD system shall store the following engine conditions: engine speed,
load, and warm-up status of the first misfire event that resulted in the
storage of the pending fault code.
(2.4.5) Extinguishing the MIL. The MIL may be extinguished after
three sequential driving cycles in which similar conditions have been en-
countered without an exceedance of the specified percentage of misfire.
(3) Exhaust Gas Recirculation (EGR) System Monitoring
(3.1) Requirement: The OBD system shall monitor the EGR system on
engines so-equipped for low and high flow rate malfunctions. The indi-
vidual electronic components (e.g., actuators, valves, sensors) that are
used in the EGR system shall be monitored in accordance with the com-
prehensive component requirements in section (g)(3).
(3.2) Malfunction Criteria:
(3.2.1) The OBD system shall detect a malfunction of the EGR system
prior to a decrease from the manufacturer's specified EGR flow rate that
would cause an engine's emissions to exceed 1 .5 times any of the appli-
cable standards. For engines in which no failure or deterioration of the
EGR system that causes a decrease in flow could result in an engine's
emissions exceeding 1.5 times any of the applicable standards, the OBD
system shall detect a malfunction when the system has no detectable
amount of EGR flow.
(3.2.2) The OBD system shall detect a malfunction of the EGR system
prior to an increase from the manufacturer' s specified EGR flow rate that
would cause an engine's emissions to exceed 1.5 times any of the appli-
cable standards. For engines in which no failure or deterioration of the
EGR system that causes an increase in flow could result in an engine's
emissions exceeding 1.5 times any of the applicable standards, the OBD
system shall detect a malfunction when the system has reached its control
limits such that it cannot reduce EGR flow.
(3.3) Monitoring Conditions:
(3.3.1) Manufacturers shall define the monitoring conditions for mal-
functions identified in section (f)(3.2) (i.e., flow rate) in accordance with
sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio requirements). For
purposes of tracking and reporting as required in section (d)(3.2.1), all
monitors used to detect malfunctions identified in section (f)(3.2) shall
be tracked separately but reported as a single set of values as specified
in section (d)(5.2.2).
(3.3.2) Manufacturers may request Executive Officer approval to tem-
porarily disable the EGR system check under conditions when monitor-
ing may not be reliable (e.g., when freezing may affect performance of
the system). The Executive Officer shall approve the request upon deter-
mining that the manufacturer has submitted data and/or an engineering
evaluation which demonstrate that a reliable check cannot be made when
these conditions exist.
(3.4) MIL Illumination and Fault Code Storage: General requirements
for MIL illumination and fault code storage are set forth in section (d)(2).
(4) Cold Start Emission Reduction Strategy Monitoring
(4.1) Requirement: If an engine incorporates a specific engine control
strategy to reduce cold start emissions, the OBD system shall monitor the
key components (e.g., idle air control valve), other than secondary air,
while the control strategy is active to ensure proper operation of the con-
trol strategy. Secondary air systems shall be monitored under the provi-
sions of section (f)(5).
(4.2) Malfunction Criteria:
(4.2. 1) The OBD system shall detect a malfunction prior to any failure
or deterioration of the individual components associated with the cold
start emission reduction control strategy that would cause an engine's
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emissions to exceed 1.5 times the applicable standards. Manufacturers
shall:
(A) Establish the malfunction criteria based on data from one or more
representative engine(s).
(B) Provide an engineering evaluation for establishing the malfunc-
tion criteria for the remainder of the manufacturer's product line. The
Executive Officer shall waive the evaluation requirement each year if, in
the judgment of the Executive Officer, technological changes do not af-
fect the previously determined malfunction criteria.
(4.2.2) For components where no failure or deterioration of the com-
ponent used for the cold start emission reduction strategy could result in
an engine's emissions exceeding 1.5 times the applicable standards, the
individual component shall be monitored for proper functional response
in accordance with the malfunction criteria in section (g)(3.2) while the
control strategy is active.
(4.3) Monitoring Conditions: Manufacturers shall define the monitor-
ing conditions for malfunctions identified in section (f)(4.2) in accor-
dance with sections (d)(3. 1) and (d)(3.2) (i.e., minimum ratio require-
ments).
(4.4) MIL Illumination and Fault Code Storage: General requirements
for MIL illumination and fault code storage are set forth in section (d)(2).
(5) Secondary Air System Monitoring
(5.1) Requirement:
(5.1.1) The OBD system on engines equipped with any form of sec-
ondary air delivery system shall monitor the proper functioning of the
secondary air delivery system including all air switching valve(s). The
individual electronic components (e.g., actuators, valves, sensors) in the
secondary air system shall be monitored in accordance with the compre-
hensive component requirements in section (g)(3).
(5.1.2) For purposes of section (f)(5), "air flow" is defined as the air
flow delivered by the secondary air system to the exhaust system. For en-
gines using secondary air systems with multiple air flow paths/distribu-
tion points, the air flow to each bank (i.e., a group of cylinders that share
a common exhaust manifold, catalyst, and control sensor) shall be moni-
tored in accordance with the malfunction criteria in section (f)(5.2).
(5. 1.3) For purposes of section (f)(5), "normal operation" is defined
as the condition when the secondary air system is activated during cata-
lyst and/or engine warm-up following engine start. "Normal operation"
does not include the condition when the secondary air system is intrusive-
ly turned on solely for the purpose of monitoring.
(5.2) Malfunction Criteria: -
(5.2.1) Except as provided in section (f)(5.2.3), the OBD system shall
detect a secondary air system malfunction prior to a decrease from the
manufacturer's specified air flow during normal operation that would
cause an engine's emissions to exceed 1.5 times any of the applicable
standards.
(5.2.2) Except as provided in section (f)(5.2.3), the OBD system shall
detect a secondary air system malfunction prior to an increase from the
manufacturer's specified air flow during normal operation that would
cause an engine's emissions to exceed 1.5 times any of the applicable
standards.
(5.2.3) For engines in which no deterioration or failure of the second-
ary air system would result in an engine's emissions exceeding 1.5 times
any of the applicable standards, the OBD system shall detect a malfunc-
tion when no detectable amount of air flow is delivered during normal
operation of the secondary air system.
(5.3) Monitoring Conditions:
(5.3.1) Manufacturers shall define the monitoring conditions in accor-
dance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio require-
ments). For purposes of tracking and reporting as required in section
(d)(3.2.1), all monitors used to detect malfunctions identified in section
(f)(5.2) during normal operation of the secondary air system shall be
tracked separately but reported as a single set of values as specified in
section (d)(5.2.2).
(5.4) MIL Illumination and Fault Code Storage: General requirements
for MIL illumination and fault code storage are set forth in section (d)(2).
(6) Catalyst Monitoring
(6. 1 ) Requirement: The OBD system shall monitor the catalyst system
for proper conversion capability.
(6.2) Malfunction Criteria:
(6.2.1) The OBD system shall detect a catalyst system malfunction
when the catalyst system's conversion capability decreases to the point
that any of the following occurs:
(A) Non-Methane Hydrocarbon (NMHC) emissions exceed 1.75
times the applicable standards to which the engine has been certified.
(B) The average FTP test NMHC conversion efficiency of the moni-
tored portion of the catalyst system falls below 50 percent (i.e., the cumu-
lative NMHC emissions measured at the outlet of the monitored cata-
lyses) are more than 50 percent of the cumulative engine-out emissions
measured at the inlet of the catalyst(s)). With Executive Officer approval,
manufacturers may use a conversion efficiency malfunction criteria of
less than 50 percent if the catalyst system is designed such that the moni-
tored portion of the catalyst system must be replaced along with an adja-
cent portion of the catalyst system sufficient to ensure that the total por-
tion replaced will meet the 50 percent conversion efficiency criteria.
Executive Officer approval shall be based on data and/or engineering
evaluation demonstrating the conversion efficiency of the monitored
portion and the total portion designed to be replaced, and the likelihood
of the catalyst system design to ensure replacement of the monitored and
adjacent portions of the catalyst system.
(C) Oxides of nitrogen (NOx) emissions exceed 1.75 times the appli-
cable NOx standard to which the engine has been certified.
(6.2.2) For purposes of determining the catalyst system malfunction
criteria in section (f)(6.2.1):
(A) The manufacturer shall use a catalyst system deteriorated to the
malfunction criteria using methods established by the manufacturer to
represent real world catalyst deterioration under normal and malfunc-
tioning operating conditions.
(B) Except as provided below in section (f)(6.2.2)(C), the malfunction
criteria shall be established by using a catalyst system with all monitored
and unmonitored (downstream of the sensor utilized for catalyst monitor-
ing) catalysts simultaneously deteriorated to the malfunction criteria.
(C) For engines using fuel shutoff to prevent over-fueling during mis-
fire conditions (see section (f)(2.4.1)(D)), the malfunction criteria shall
be established by using a catalyst system with all monitored catalysts si-
multaneously deteriorated to the malfunction criteria while unmonitored
catalysts shall be deteriorated to the end of the engine's useful life.
(6.3) Monitoring Conditions: Manufacturers shall define the monitor-
ing conditions for malfunctions identified in section (f)(6.2) in accor-
dance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio require-
ments). For purposes of tracking and reporting as required in section
(d)(3.2.1), all monitors used to detect malfunctions identified in section
(f)(6.2) shall be tracked separately but reported as a single set of values
as specified in section (d)(5.2.2).
(6.4) MIL Illumination and Fault Code Storage:
(6.4. 1) General requirements for MIL illumination and fault code stor-
age are set forth in section (d)(2).
(6.4.2) The monitoring method for the catalyst(s) shall be capable of
detecting when a catalyst fault code has been cleared (except OBD sys-
tem self-clearing), but the catalyst has not been replaced (e.g., catalyst
overtemperature histogram approaches are not acceptable).
(7) Evaporative System Monitoring
(7.1) Requirement: The OBD system shall verify purge flow from the
evaporative system and shall monitor the complete evaporative system,
excluding the tubing and connections between the purge valve and the
intake manifold, for vapor leaks to the atmosphere. Individual compo-
nents of the evaporative system (e.g. valves, sensors) shall be monitored
in accordance with the comprehensive components requirements in sec-
tion (g)(3) (e.g., for circuit continuity, out of range values, rationality,
proper functional response).
(7.2) Malfunction Criteria:
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(7.2.1) For purposes of section (f)(7), an "orifice" is defined as an
O'Keefe Controls Co. precision metal "Type B" orifice with NPT con-
nections with a diameter of the specified dimension (e.g., part number
B-31-SS for a stainless steel 0.031 inch diameter orifice).
(7.2.2) The OBD system shall detect an evaporative system malfunc-
tion when any of the following conditions exist:
(A) No purge flow from the evaporative system to the engine can be
detected by the OBD system; or
(B) The complete evaporative system contains a leak or leaks that cu-
mulatively are greater than or equal to a leak caused by a 0. 1 50 inch diam-
eter orifice.
(7.2.3) A manufacturer may request the Executive Officer to revise the
orifice size in section (f)(7.2.2)(B) if the most reliable monitoring method
available cannot reliably detect a system leak of the magnitudes speci-
fied. The Executive Officer shall approve the request upon determining
that the manufacturer has provided data and/or engineering analysis that
demonstrate the need for the request.
(7.2.4) Upon request by the manufacturer and upon determining that
the manufacturer has submitted data and/or engineering evaluation
which support the request, the Executive Officer shall revise the orifice
size in section (f)(7.2.2)(B) upward to exclude detection of leaks that can-
not cause evaporative or running loss emissions to exceed 1 .5 times the
applicable evaporative emission standards.
(7.3) Monitoring Conditions:
(7.3.1) Manufacturers shall define the monitoring conditions for mal-
functions identified in section (f)(7.2.2)(A) (i.e., purge flow) in accor-
dance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio require-
ments).
(7.3.2) Manufacturers shall define the monitoring conditions for mal-
functions identified in section (f)(7.2.2)(B) (i.e., 0.150 inch leak detec-
tion) in accordance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ra-
tio requirements). For purposes of tracking and reporting as required in
section (d)(3.2.1), all monitors used to detect malfunctions identified in
section (f)(7.2.2)(B) shall be tracked separately but reported as a single
set of values as specified in section (d)(5.2.2).
(7.3.3) Manufacturers may disable or abort an evaporative system
monitor when the fuel tank level is over 85 percent of nominal tank ca-
pacity or during a refueling event.
(7.3.4) Manufacturers may request Executive Officer approval to
execute the evaporative system monitor only on driving cycles deter-
mined by the manufacturer to be cold starts if the condition is needed to
ensure reliable monitoring. The Executive Officer shall approve the re-
quest upon determining that data and/or an engineering evaluation sub-
mitted by the manufacturer demonstrate that a reliable check can only be
made on driving cycles when the cold start criteria are satisfied. Howev-
er, in making a decision, the Executive Officer will not approve condi-
tions that exclude engine starts from being considered as cold starts sole-
ly on the basis that ambient temperature exceeds (i.e., indicates a higher
temperature than) engine coolant temperature at engine start.
(7.3.5) Manufacturers may temporarily disable the evaporative purge
system to perform an evaporative system leak check.
(7.4) MIL Illumination and Fault Code Storage:
(7.4.1) Except as provided below for fuel cap leaks, general require-
ments for MIL illumination and fault code storage are set forth in section
(d)(2).
(7.4.2) If the OBD system is capable of discerning that a system leak
is being caused by a missing or improperly secured fuel cap:
(A) The manufacturer is not required to illuminate the MIL or store a
fault code if the vehicle is equipped with an alternative indicator for noti-
fying the vehicle operator of the malfunction. The alternative indicator
shall be of sufficient illumination and location to be readily visible under
all lighting conditions.
(B) If the vehicle is not equipped with an alternative indicator and the
MIL illuminates, the MIL may be extinguished and the corresponding
fault codes erased once the OBD system has verified that the fuel cap has
been securely fastened and the MIL has not been illuminated for any oth-
er type of malfunction.
(C) The Executive Officer may approve other strategies that provide
equivalent assurance that a vehicle operator will be promptly notified of
a missing or improperly secured fuel cap and that corrective action will
be undertaken.
(8) Exhaust Gas Sensor Monitoring
(8.1) Requirement:
(8. 1.1) The OBD system shall monitor the output signal, response rate,
and any other parameter which can affect emissions of all primary (fuel
control) exhaust gas sensors (e.g., oxygen, wide-range air/fuel) for mal-
function. Both the lean-to-rich and rich-to-lean response rates shall be
monitored.
(8.1.2) The OBD system shall also monitor all secondary exhaust gas
sensors (those used for secondary fuel trim control or as a monitoring de-
vice) for proper output signal, activity, and response rate.
(8.1.3) For engines equipped with heated exhaust gas sensors, the
OBD system shall monitor the heater for proper performance.
(8.2) Malfunction Criteria:
(8.2.1) Primary Sensors:
(A) The OBD system shall detect a malfunction prior to any failure or
deterioration of the exhaust gas sensor output voltage, resistance, imped-
ance, current, response rate, amplitude, offset, or other characteristic(s)
(including drift or bias corrected for by secondary sensors) that would
cause an engine's emissions to exceed 1.5 times any of the applicable
standards.
(B) The OBD system shall detect malfunctions of the exhaust gas sen-
sor caused by either a lack of circuit continuity or out-of-range values.
(C) The OBD system shall detect a malfunction of the exhaust gas sen-
sor when a sensor failure or deterioration causes the fuel system to stop
using that sensor as a feedback input (e.g., causes default or open-loop
operation).
(D) The OBD system shall detect a malfunction of the exhaust gas sen-
sor when the sensor output voltage, resistance, impedance, current, am-
plitude, activity, or other characteristics are no longer sufficient for use
as an OBD system monitoring device (e.g., for catalyst monitoring).
(8.2.2) Secondary Sensors:
(A) The OBD system shall detect a malfunction prior to any failure or
deterioration of the exhaust gas sensor voltage, resistance, impedance,
current, response rate, amplitude, offset, or other characteristic(s) that
would cause an engine's emissions to exceed 1.5 times any of the appli-
cable standards.
(B) The OBD system shall detect malfunctions of the exhaust gas sen-
sor caused by a lack of circuit continuity.
(C) To the extent feasible, the OBD system shall detect a malfunction
of the exhaust gas sensor when the sensor output voltage, resistance, im-
pedance, current, amplitude, activity, offset, or other characteristics are
no longer sufficient for use as an OBD system monitoring device (e.g.,
for catalyst monitoring).
(D) The OBD system shall detect malfunctions of the exhaust gas sen-
sor caused by out-of-range values.
(E) The OBD system shall detect a malfunction of the exhaust gas sen-
sor when a sensor failure or deterioration causes the fuel system (e.g., fuel
control) to stop using that sensor as a feedback input (e.g., causes default
or open-loop operation).
(8.2.3) Sensor Heaters:
(A) The OBD system shall detect a malfunction of the heater perfor-
mance when the current or voltage drop in the heater circuit is no longer
within the manufacturer's specified limits for normal operation (i.e.,
within the criteria required to be met by the component vendor for heater
circuit performance at high mileage). Subject to Executive Officer ap-
proval, other malfunction criteria for heater performance malfunctions
may be used upon the Executive Officer determining that the manufac-
turer has submitted data and/or an engineering evaluation that demon-
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strate the monitoring reliability and timeliness to be equivalent to the
stated criteria in section (f)(8.2.3)(A).
(B) The OBD system shall detect malfunctions of the heater circuit in-
cluding open or short circuits that conflict with the commanded state of
the heater (e.g., shorted to 12 Volts when commanded to 0 Volts
(ground)).
(8.3) Monitoring Conditions:
(8.3.1) Primary Sensors
(A) Manufacturers shall define the monitoring conditions for malfunc-
tions identified in sections (0(8.2. 1)(A) and (D) (e.g., proper response
rate) in accordance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ra-
tio requirements). For purposes of tracking and reporting as required in
section (d)(3.2.1), all monitors used to detect malfunctions identified in
sections (f)(8.2.1 )(A) and (D) shall be tracked separately but reported as
a single set of values as specified in section (d)(5.2.2).
(B) Except as provided in section (f)(8.3.1)(C), monitoring for mal-
functions identified in sections (f)(8.2. 1)(B) and (C) (i.e., circuit continu-
ity, out-of-range, and open-loop malfunctions) shall be conducted con-
tinuously.
(C) A manufacturer may request Executive Officer approval to disable
continuous exhaust gas sensor monitoring when an exhaust gas sensor
malfunction cannot be distinguished from other effects (e.g., disable out-
of-range low monitoring during fuel cut conditions). The Executive Of-
ficer shall approve the disablement upon determining that the manufac-
turer has submitted test data and/or documentation that demonstrate a
properly functioning sensor cannot be distinguished from a malfunction-
ing sensor and that the disablement interval is limited only to that neces-
sary for avoiding false detection.
(8.3.2) Secondary Sensors
(A) Manufacturers shall define monitoring conditions for malfunc-
tions identified in sections (f)(8.2.2)(A), (B), and (C) (e.g., proper sensor
activity) in accordance with sections (d)(3. 1 ) and (d)(3.2) (i.e., minimum
ratio requirements).
(B) Except as provided in section (f)(8.3.2)(C), monitoring for mal-
functions identified in sections (f)(8.2.2)(D) and (E) (i.e., out-of-range
malfunctions) shall be conducted continuously.
(C) A manufacturer may request Executive Officer approval to disable
continuous exhaust gas sensor monitoring when an exhaust gas sensor
malfunction cannot be distinguished from other effects (e.g., disable out-
of-range low monitoring during fuel cut conditions). The Executive Of-
ficer shall approve the disablement upon determining that the manufac-
turer has submitted test data and/or documentation that demonstrate a
properly functioning sensor cannot be distinguished from a malfunction-
ing sensor and that the disablement interval is limited only to that neces-
sary for avoiding false detection.
(8.3.3) Sensor Heaters
(A) Manufacturers shall define monitoring conditions for malfunc-
tions identified in section (f)(8.2.3)(A) (i.e., sensor heater performance)
in accordance sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio require-
ments).
(B) Monitoring for malfunctions identified in section (f)(8.2.3)(B)
(i.e., circuit malfunctions) shall be conducted continuously.
(8.4) MIL Illumination and Fault Code Storage: General requirements
for MIL illumination and fault code storage are set forth in section (d)(2).
(9) Variable Valve Timing and/or Control (VVT) System Monitoring
(9.1) Requirement: The OBD system shall monitor the VVT system
on engines so-equipped for target error and slow response malfunctions.
The individual electronic components (e.g., actuators, valves, sensors)
that are used in the VVT system shall be monitored in accordance with
the comprehensive components requirements in section (g)(3).
(9.2) Malfunction Criteria:
(9.2.1) Target Error: The OBD system shall detect a malfunction prior
to any failure or deterioration in the capability of the VVT system to
achieve the commanded valve timing and/or control within a crank angle
and/or lift tolerance that would cause an engine's emissions to exceed 1.5
times any of the applicable standards.
(9.2.2) Slow Response: The OBD system shall detect a malfunction
prior to any failure or deterioration in the capability of the VVT system
to achieve the commanded valve timing and/or control within a manufac-
turer-specified time that would cause an engine's emissions to exceed
1.5 times any of the applicable standards for gasoline engines.
(9.2.3) For engines in which no failure or deterioration of the VVT sys-
tem could result in an engine's emissions exceeding 1.5 times any of the
applicable standards, the OBD system shall detect a malfunction of the
VVT system when proper functional response of the system to computer
commands does not occur.
(9.3) Monitoring Conditions: Manufacturers shall define the monitor-
ing conditions for VVT system malfunctions identified in section (f)(9.2)
in accordance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio re-
quirements), with the exception that monitoring shall occur every time
the monitoring conditions are met during the driving cycle in lieu of once
per driving cycle as required in section (d)(3.1 .2). For purposes of track-
ing and reporting as required in section (d)(3.2.1), all monitors used to
detect malfunctions identified in section (f)(9.2) shall be tracked sepa-
rately but reported as a single set of values as specified in section
(d)(5.2.2).
(9.4) MIL Illumination and Fault Code Storage: General requirements
for MIL illumination and fault code storage are set forth in section (d)(2).
(g) Monitoring Requirements For All Engines
(1) Engine Cooling System Monitoring
(1.1) Requirement:
(1.1.1) The OBD system shall monitor the thermostat on engines so-
equipped for proper operation.
(1.1.2) The OBD system shall monitor the engine coolant temperature
(ECT) sensor for circuit continuity, out-of-range values, and rationality
faults.
(1.1.3) For engines that use a system other than the cooling system and
ECT sensor (e.g., oil temperature, cylinder head temperature) for an in-
dication of engine operating temperature for emission control purposes
(e.g., to modify spark or fuel injection timing or quantity), the manufac-
turer shall submit a monitoring plan to the Executive Officer for approv-
al. The Executive Officer shall approve the request upon determining that
the manufacturer has submitted data and an engineering evaluation that
demonstrate that the monitoring plan is as reliable and effective as the
monitoring required for the engine cooling system under section (g)(1).
(1.2) Malfunction Criteria:
(1.2.1) Thermostat
(A) The OBD system shall detect a thermostat malfunction if, within
an Executive Officer-approved time interval after engine start, any of the
following conditions occur:
(i) The coolant temperature does not reach the highest temperature re-
quired by the OBD system to enable other diagnostics;
(ii) The coolant temperature does not reach a warmed-up temperature
within 20 degrees Fahrenheit of the manufacturer's nominal thermostat
regulating temperature. Subject to Executive Officer approval, a
manufacturer may utilize lower temperatures for this criterion upon the
Executive Officer determining that the manufacturer has demonstrated
that the fuel, spark timing, and/or other coolant temperature-based modi-
fications to the engine control strategies would not cause an emission in-
crease of 50 or more percent of any of the applicable standards (e.g., 50
degree Fahrenheit emission test).
(B) Executive Officer approval of the time interval after engine start
shall be granted upon determining that the data and/or engineering evalu-
ation submitted by the manufacturer supports the specified times.
(C) With Executive Officer approval, a manufacturer may use alter-
nate malfunction criteria and/or monitoring conditions (see section
(g)(1.3)) that are a function of temperature at engine start on engines that
do not reach the temperatures specified in the malfunction criteria when
the thermostat is functioning properly. Executive Officer approval shall
be granted upon determining that the manufacturer has submitted data
that demonstrate that a properly operating system does not reach the spe-
cified temperatures and that the possibility for cooling system malfunc-
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Air Resources Board
§ 1971.1
tions to go undetected and disable other OBD monitors is minimized to
the extent technically feasible.
(D) A manufacturer may request Executive Officer approval to be ex-
empted from the requirements of thermostat monitoring. Executive Offi-
cer approval shall be granted upon determining that the manufacturer has
demonstrated that a malfunctioning thermostat cannot cause a measur-
able increase in emissions during any reasonable driving condition nor
cause any disablement of other monitors.
(1.2.2) ECT Sensor
(A) Circuit Continuity. The OBD system shall detect a malfunction
when a lack of circuit continuity or out-of-range values occur.
(B) Time to Reach Closed-Loop/Feedback Enable Temperature.
(i) The OBD system shall detect a malfunction if the ECT sensor does
not achieve the highest stabilized minimum temperature which is needed
for closed-loop/feedback control of all emission control systems (e.g.,
fuel system, EGR system) within an Executive Officer-approved time
interval after engine start.
(ii) The time interval shall be a function of starting ECT and/or a func-
tion of intake air temperature. Executive Officer approval of the time in-
terval shall be granted upon determining that the data and/or engineering
evaluation submitted by the manufacturer supports the specified times.
(iii) Manufacturers are exempted from the requirements of section
(g)( 1 .2.2)(B) if the manufacturer does not utilize ECT to enable closed-
loop/feedback control of any emission control system.
(C) Stuck in Range Below the Highest Minimum Enable Temperature.
To the extent feasible when using all available information, the OBD sys-
tem shall detect a malfunction if the ECT sensor inappropriately indicates
a temperature below the highest minimum enable temperature required
by the OBD system to enable other diagnostics (e.g., an OBD system that
requires ECT to be greater than 140 degrees Fahrenheit to enable a diag-
nostic must detect malfunctions that cause the ECT sensor to inappropri-
ately indicate a temperature below 140 degrees Fahrenheit). Manufactur-
ers are exempted from this requirement for temperature regions in which
the monitors required under sections (g)(1.2.1) or (g)(1.2.2)(B) will de-
tect ECT sensor malfunctions as defined in section (g)(l .2.2)(C).
(D) Stuck in Range Above the Lowest Maximum Enable Tempera-
ture.
(i) To the extent feasible when using all available information, the
OBD system shall detect a malfunction if the ECT sensor inappropriately
indicates a temperature above the lowest maximum enable temperature
required by the OBD system to enable other diagnostics (e.g., an OBD
system that requires ECT to be less than 90 degrees Fahrenheit at engine
start to enable a diagnostic must detect malfunctions that cause the ECT
sensor to inappropriately indicate a temperature above 90 degrees Fahr-
enheit).
(ii) Manufacturers are exempted from this requirement for tempera-
ture regions in which the monitors required under sections (g)(1.2. 1),
(g)(1.2.2)(B), or (g)(1.2.2)(C) (i.e., ECT sensor or thermostat malfunc-
tions) will detect ECT sensor malfunctions as defined in section
(g)(1.2.2)(D) or in which the MIL will be illuminated under the require-
ments of sections (d)(2.2.1)(E) or (d)(2.2.2)(E) for default mode opera-
tion (e.g., overtemperature protection strategies).
(iii) Manufacturers are exempted from the requirements of section
(g)(l .2.2)(D) for temperature regions where the temperature gauge indi-
cates a temperature in the red zone (engine overheating zone) for vehicles
that have a temperature gauge (not a warning light) on the instrument
panel and utilize the same ECT sensor for input to the OBD system and
the temperature gauge.
(1.3) Monitoring Conditions:
(1.3.1) Thermostat
(A) Manufacturers shall define the monitoring conditions for malfunc-
tions identified in section (g)(1.2.1)(A) in accordance with section
(d)(3.1). Additionally, except as provided for in sections (g)(1.3.1)(B)
and (C), monitoring for malfunctions identified in section (g)(1.2.1)(A)
shall be conducted once per driving cycle on every driving cycle in which
the ECT sensor indicates, at engine start, a temperature lower than the
temperature established as the malfunction criteria in section
(g)(1.2.1)(A).
(B) Manufacturers may disable thermostat monitoring at ambient en-
gine start temperatures below 20 degrees Fahrenheit.
(C) Manufacturers may request Executive Officer approval to suspend
or disable thermostat monitoring if the vehicle is subjected to conditions
which could lead to false diagnosis (e.g., vehicle operation at idle for
more than 50 percent of the warm-up time, hot restart conditions). In
general, the Executive Officer shall not approve disablement of the moni-
tor on engine starts where the ECT at engine start is more than 35 degrees
Fahrenheit lower than the thermostat malfunction threshold temperature
determined under section (g)(1.2.1)(A). The Executive Officer shall ap-
prove the request upon determining that the manufacturer has provided
data and/or engineering analysis that demonstrate the need for the re-
quest.
(1.3.2) ECT Sensor
(A) Except as provided below in section (g)(1.3.2)(E), monitoring for
malfunctions identified in section (g)(1.2.2)(A) (i.e., circuit continuity
and out-of-range) shall be conducted continuously.
(B) Manufacturers shall define the monitoring conditions for malfunc-
tions identified in section (g)(1.2.2)(B) in accordance with section
(d)(3.1). Additionally, except as provided for in section (g)(1.3.2)(D),
monitoring for malfunctions identified in section (g)(1.2.2)(B) shall be
conducted once per driving cycle on every driving cycle in which the
ECT sensor indicates a temperature lower than the closed-loop enable
temperature at engine start (i.e., all engine start temperatures greater than
the ECT sensor out-of-range low temperature and less than the closed-
loop enable temperature).
(C) Manufacturers shall define the monitoring conditions for malfunc-
tions identified in sections (g)(1.2.2)(C) and (D) in accordance with sec-
tions (d)(3.1) and (d)(3.2) (i.e., minimum ratio requirements).
(D) Manufacturers may suspend or delay the time to reach closed-loop
enable temperature diagnostic if the vehicle is subjected to conditions
which could lead to false diagnosis (e.g., vehicle operation at idle for
more than 50 to 75 percent of the warm-up time).
(E) A manufacturer may request Executive Officer approval to disable
continuous ECT sensor monitoring when an ECT sensor malfunction
cannot be distinguished from other effects. The Executive Officer shall
approve the disablement upon determining that the manufacturer has
submitted test data and/or engineering evaluation that demonstrate a
properly functioning sensor cannot be distinguished from a malfunction-
ing sensor and that the disablement interval is limited only to that neces-
sary for avoiding false detection.
(1 .4) MIL Illumination and Fault Code Storage: General requirements
for MIL illumination and fault code storage are set forth in section (d)(2).
(2) Crankcase Ventilation (CV) System Monitoring
(2.1) Requirement:
(2.1.1) The OBD system shall monitor the CV system on engines so-
equipped for system integrity. Engines not required to be equipped with
CV systems shall be exempt from monitoring of the CV system.
(2.1.2) For diesel engines, the manufacturer shall submit a plan for
Executive Officer approval of the monitoring strategy, malfunction crite-
ria, and monitoring conditions prior to OBD certification. Executive Of-
ficer approval shall be based on the effectiveness of the monitoring strat-
egy to monitor the performance of the CV system to the extent feasible
with respect to the malfunction criteria in section (g)(2.2) below and the
monitoring conditions required by the diagnostic.
(2.2) Malfunction Criteria:
(2.2.1) For the purposes of section (g)(2), "CV system" is defined as
any form of crankcase ventilation system, regardless of whether it uti-
lizes positive pressure. "CV valve" is defined as any form of valve or ori-
fice used to restrict or control crankcase vapor flow. Further, any addi-
tional external CV system tubing or hoses used to equalize crankcase
pressure or to provide a ventilation path between various areas of the en-
gine (e.g., crankcase and valve cover) are considered part of the CV sys-
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tern "between the crankcase and the CV valve" and subject to the mal-
function criteria in section (g)(2.2.2) below.
(2.2.2) Except as provided below, the OBD system shall detect a mal-
function of the CV system when a disconnection of the system occurs be-
tween either the crankcase and the CV valve, or between the CV valve
and the intake manifold.
(2.2.3) The Executive Officer shall exempt a manufacturer from de-
tecting a disconnection between the crankcase and the CV valve upon de-
termining that the CV system is designed such that the CV valve is fas-
tened directly to the crankcase in a manner which makes it significantly
more difficult to remove the valve from the crankcase rather than discon-
nect the line between the valve and the intake manifold (taking aging ef-
fects into consideration). The manufacturer shall file a request and sub-
mit data and/or engineering evaluation in support of the exemption.
(2.2.4) The Executive Officer shall exempt a manufacturer from de-
tecting a disconnection between the crankcase and the CV valve for sys-
tem designs that utilize tubing between the valve and the crankcase upon
determining that the connections between the valve and the crankcase
are: (1) resistant to deterioration or accidental disconnection, (2) signifi-
cantly more difficult to disconnect than the line between the valve and
the intake manifold, and (3) not subject to disconnection per manufactur-
er's repair procedures for non-CV system repair work. The manufacturer
shall file a request and submit data and/or engineering evaluation in sup-
port of the exemption.
(2.2.5) The Executive Officer shall exempt a manufacturer from de-
tecting a disconnection between the CV valve and the intake manifold
upon determining that the disconnection (1) causes the vehicle to stall im-
mediately during idle operation; or (2) is unlikely to occur due to a CV
system design that is integral to the induction system (e.g., machined pas-
sages rather than tubing or hoses). The manufacturer shall file a request
and submit data and/or engineering evaluation in support of the exemp-
tion.
(2.3) Monitoring Conditions: Manufacturers shall define the monitor-
ing conditions for malfunctions identified in section (g)(2.2) in accor-
dance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio require-
ments).
(2.4) MIL Illumination and Fault Code Storage: General requirements
for MIL illumination and fault code storage are set forth in section (d)(2).
The stored fault code need not specifically identify the CV system (e.g.,
a fault code for idle speed control or fuel system monitoring can be
stored) if the manufacturer demonstrates that additional monitoring
hardware would be necessary to make this identification, and provided
the manufacturer' s diagnostic and repair procedures for the detected mal-
function include directions to check the integrity of the CV system.
(3) Comprehensive Component Monitoring
(3.1) Requirement:
(3.1.1) Except as provided in section (g)(4), the OBD system shall
monitor for malfunction any electronic engine component/system not
otherwise described in sections (e)(1) through (g)(2) that either provides
input to (directly or indirectly) or receives commands from the on-board
computer(s), and: (1) can affect emissions during any reasonable in-use
driving condition, or (2) is used as part of the diagnostic strategy for any
other monitored system or component.
(A) Input Components: Input components required to be monitored
may include the crank angle sensor, knock sensor, throttle position sen-
sor, cam position sensor, intake air temperature sensor, boost pressure
sensor, manifold pressure sensor, mass air flow sensor, exhaust tempera-
ture sensor, exhaust pressure sensor, fuel pressure sensor, fuel composi-
tion sensor (e.g. flexible fuel vehicles), and electronic components used
to comply with any applicable engine idling requirements of title 13,
CCR section 1956.8.
(B) Output Components/Systems: Output components/systems re-
quired to be monitored may include the idle speed control system, glow
plug system, variable length intake manifold runner systems, super-
charger or turbocharger electronic components, heated fuel preparation
systems, the wait-to-start lamp on diesel applications, and the MIL.
(3.1.2) For purposes of criteria (1) in section (g)(3.1.1) above, the
manufacturer shall determine whether an engine input or output compo-
nent/system can affect emissions. If the Executive Officer reasonably be-
lieves that a manufacturer has incorrectly determined that a component/
system cannot affect emissions, the Executive Officer shall require the
manufacturer to provide emission data showing that the component/sys-
tem, when malfunctioning and installed in a suitable test vehicle, does not
have an emission effect. Emission data may be requested for any reason-
able driving condition.
(3.1 .3) For purposes of section (g)(3), "electronic engine components/
systems" does not include components that are driven by the engine and
are not related to the control of the fueling, air handling, or emissions of
the engine (e.g., PTO components, air conditioning system components,
and power steering components).
(3.2) Malfunction Criteria:
(3.2.1) Input Components:
(A) The OBD system shall detect malfunctions of input components
caused by a lack of circuit continuity, out-of-range values, and, where
feasible, rationality faults. To the extent feasible, the rationality fault
diagnostics shall verify that a sensor output is neither inappropriately
high nor inappropriately low (i.e., shall be "two-sided" diagnostics).
(B) To the extent feasible, the OBD system shall separately detect and
store different fault codes that distinguish rationality faults from lack of
circuit continuity and out-of-range faults. For input component lack of
circuit continuity and out-of-range faults, the OBD system shall, to the
extent feasible, separately detect and store different fault codes for each
distinct malfunction (e.g., out-of-range low, out-of-range high, open
circuit). The OBD system is not required to store separate fault codes for
lack of circuit continuity faults that cannot be distinguished from other
out-of-range circuit faults.
(C) For input components that are used to activate alternate strategies
that can affect emissions (e.g., AECDs, engine shutdown systems or
strategies to meet NOx idling standards required by title 1 3, CCR section
1956.8), the OBD system shall detect rationality malfunctions that cause
the system to erroneously activate or deactivate the alternate strategy. To
the extent feasible when using all available information, the rationality
fault diagnostics shall detect a malfunction if the input component inap-
propriately indicates a value that activates or deactivates the alternate
strategy. For example, if an alternate strategy requires the intake air tem-
perature to be greater than 120 degrees Fahrenheit to activate, the OBD
system shall detect malfunctions that cause the intake air temperature
sensor to inappropriately indicate a temperature above 120 degrees Fahr-
enheit.
(D) For engines that require precise alignment between the camshaft
and the crankshaft, the OBD system shall monitor the crankshaft position
sensor(s) and camshaft position sensor(s) to verify proper alignment be-
tween the camshaft and crankshaft in addition to monitoring the sensors
for circuit continuity and rationality malfunctions. Proper alignment
monitoring between a camshaft and a crankshaft shall only be required
in cases where both are equipped with position sensors. For engines
equipped with V VT systems and a timing belt or chain, the OBD system
shall detect a malfunction if the alignment between the camshaft and
crankshaft is off by one or more cam/crank sprocket cogs (e.g., the timing
belt/chain has slipped by one or more teeth/cogs). If a manufacturer dem-
onstrates that a single tooth/cog misalignment cannot cause a measurable
increase in emissions during any reasonable driving condition, the OBD
system shall detect a malfunction when the minimum number of teeth/
cogs misalignment needed to cause a measurable emission increase has
occurred.
(3.2.2) Output Components/Systems:
(A) The OBD system shall detect a malfunction of an output compo-
nent/system when proper functional response of the component and sys-
tem to computer commands does not occur. If a functional check is not
feasible, the OBD system shall detect malfunctions of output compo-
nents/systems caused by a lack of circuit continuity or circuit fault (e.g.,
short to ground or high voltage). For output component lack of circuit
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continuity faults and circuit faults, the OBD system is not required to
store different fault codes for each distinct malfunction (e.g., open cir-
cuit, shorted low). Manufacturers are not required to activate an output
component/system when it would not normally be active exclusively for
the purposes of performing functional monitoring of output components/
systems as required in section (g)(3).
(B) The idle control system shall be monitored for proper functional
response to computer commands.
(i) For gasoline engines using monitoring strategies based on devi-
ation from target idle speed, a malfunction shall be delected when either
of the following conditions occur:
a. The idle speed control system cannot achieve the target idle speed
within 200 revolutions per minute (rpm) above the target speed or 100
rpm below the target speed. The Executive Officer shall allow larger en-
gine speed tolerances upon determining that a manufacturer has sub-
mitted data and/or an engineering evaluation which demonstrate that the
tolerances can be exceeded without a malfunction being present.
b. The idle speed control system cannot achieve the target idle speed
within the smallest engine speed tolerance range required by the OBD
system to enable any other monitors.
(ii) For diesel engines, a malfunction shall be detected when either of
the following conditions occur:
a. The idle fuel control system cannot achieve the target idle speed or
fuel injection quantity within +/-50 percent of the manufacturer-speci-
fied fuel quantity and engine speed tolerances.
b. The idle fuel control system cannot achieve the target idle speed or
fueling quantity within the smallest engine speed or fueling quantity tol-
erance range required by the OBD system to enable any other monitors.
(C) Glow plugs/intake air heater systems shall be monitored for proper
functional response to computer commands and for circuit continuity
faults. The glow plug/intake air heater circuit(s) shall be monitored for
proper current and voltage drop. The Executive Officer shall approve
other monitoring strategies based on manufacturer's data and/or engi-
neering analysis demonstrating equally reliable and timely detection of
malfunctions. Except as provided below, the OBD system shall detect a
malfunction when a single glow plug no longer operates within the
manufacturer's specified limits for normal operation. If a manufacturer
demonstrates that a single glow plug failure cannot cause a measurable
increase in emissions during any reasonable driving condition, the OBD
system shall detect a malfunction for the minimum number of glow plugs
needed to cause an emission increase. Further, to the extent feasible on
existing engine designs (without adding additional hardware for this pur-
pose) and on all new design engines, the stored fault code shall identify
the specific malfunctioning glow plug(s).
(D) The wait-to-start lamp circuit and the MIL circuit shall be moni-
tored for malfunctions that cause either lamp to fail to illuminate when
commanded on (e.g., burned out bulb).
(3.3) Monitoring Conditions:
(3.3.1) Input Components:
(A) Except as provided in section (g)(3.3.1)(C), input components
shall be monitored continuously for proper range of values and circuit
continuity.
(B) For rationality monitoring (where applicable) manufacturers shall
define the monitoring conditions for detecting malfunctions in accor-
dance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio require-
ments), with the exception that rationality monitoring shall occur every
time the monitoring conditions are met during the driving cycle in lieu
of once per driving cycle as required in section (d)(3.1.2).
(C) A manufacturer may request Executive Officer approval to disable
continuous input component proper range of values or circuit continuity
monitoring when a malfunction cannot be distinguished from other ef-
fects. The Executive Officer shall approve the disablement upon deter-
mining that the manufacturer has submitted test data and/or documenta-
tion that demonstrate a properly functioning input component cannot be
distinguished from a malfunctioning input component and that the dis-
ablement interval is limited only to that necessary for avoiding false
detection.
(33.2) Output Components/Systems:
(A) Except as provided in section (g)(3.3.2)(D), monitoring for circuit
continuity and circuit faults shall be conducted continuously.
(B) Except as provided in section (g)(3.3.2)(C), for functional moni-
toring, manufacturers shall define the monitoring conditions for detect-
ing malfunctions in accordance with sections (d)(3.1) and (d)(3.2) (i.e.,
minimum ratio requirements).
(C) For the idle control system, manufacturers shall define the moni-
toring conditions for functional monitoring in accordance with sections
(d)(3.1) and (d)(3.2) (i.e.. minimum ratio requirements), with the excep-
tion that functional monitoring shall occur every time the monitoring
conditions are met during the driving cycle in lieu of once per driving
cycle as required in section (d)(3.1.2).
(D) A manufacturer may request Executive Officer approval to disable
continuous output component circuit continuity or circuit fault monitor-
ing when a malfunction cannot be distinguished from other effects. The
Executive Officer shall approve the disablement upon determining that
the manufacturer has submitted test data and/or documentation that dem-
onstrate a properly functioning output component cannot be distin-
guished from a malfunctioning output component and that the disable-
ment interval is limited only to that necessary for avoiding false
detection.
(3.4) MIL Illumination and Fault Code Storage:
(3.4.1) Except as provided in sections (g)(3.4.2) and (3.4.3) below,
general requirements for MIL illumination and fault code storage are set
forth in section (d)(2).
(3.4.2) Exceptions to general requirements for MIL illumination. MIL
illumination is not required in conjunction with storing a confirmed or
MIL-on fault code for any comprehensive component if:
(A) the component or system, when malfunctioning, could not cause
engine emissions to increase by 15 percent or more of the FTP standard
during any reasonable driving condition; and
(B) the component or system is not used as part of the diagnostic strate-
gy for any other monitored system or component.
(3.4.3) Exceptions for MIL circuit faults. MIL illumination is not re-
quired if a malfunction in the MIL circuit that prevents the MIL from illu-
minating (e.g., burned out bulb or LED) has been detected. However, the
electronic MIL status (see section (h)(4.2)) shall be reported as MIL com-
manded-on and a confirmed or MIL-on fault code (see section (h)(4.4))
shall be stored.
(4) Other Emission Control System Monitoring
(4. 1 ) Requirement: For other emission control systems that are: ( 1 ) not
identified or addressed in sections (e)(1) through (g)(3) (e.g., hydrocar-
bon traps, HCCI control systems), or (2) identified or addressed in sec-
tion (g)(3) but not corrected or compensated for by an adaptive control
system (e.g., swirl control valves), manufacturers shall submit a plan for
Executive Officer approval of the monitoring strategy, malfunction crite-
ria, and monitoring conditions prior to introduction on a production en-
gine. Executive Officer approval shall be based on the effectiveness of
the monitoring strategy, the malfunction criteria utilized, the monitoring
conditions required by the diagnostic, and, if applicable, the determina-
tion that the requirements of section (g)(4.2) below are satisfied.
(4.2) For engines that utilize emission control systems that alter intake
air flow or cylinder charge characteristics by actuating valve(s), flap(s),
etc. in the intake air delivery system (e.g., swirl control valve systems),
the manufacturers, in addition to meeting the requirements of section
(g)(4.1) above, may elect to have the OBD system monitor the shaft to
which all valves in one intake bank are physically attached in lieu of mon-
itoring the intake air flow, cylinder charge, or individual valve(s)/flap(s)
for proper functional response. For non-metal shafts or segmented
shafts, the monitor shall verify all shaft segments for proper functional
response (e.g., by verifying the segment or portion of the shaft furthest
from the actuator properly functions). For systems that have more than
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one shaft to operate valves in multiple intake banks, manufacturers are
not required to add more than one set of detection hardware (e.g., sensor,
switch) per intake bank to meet this requirement.
(5) Exceptions To Monitoring Requirements
(5.1) Upon request of a manufacturer or upon the best engineering
judgment of the ARB, the Executive Officer may revise the emission
threshold for any monitor in sections (e) through (g) or revise the PM fil-
ter malfunction criteria of section (e)(8.2. 1 ) to exclude detection of spe-
cific failure modes (e.g., partially melted substrates) if the most reliable
monitoring method developed requires a higher threshold (or, in the case
of section (e)(8.2.1), the exclusion of specific failure modes) to prevent
significant errors of commission in detecting a malfunction.
(5.2) For 201 0 through 201 2 model year diesel engines, in determining
the malfunction criteria for diesel engine monitors in sections (e)(1), (3),
(4), (5), (8.2.2), (8.2.4), (9.2.1)(A), and (e)(10), the manufacturer shall
use a threshold of 2.5 times any of the applicable NMHC, CO, or NOx
standards in lieu of 2.0 times any of the applicable standards.
(5.3) Manufacturers may request Executive Officer approval to dis-
able an OBD system monitor at ambient engine start temperatures below
20 degrees Fahrenheit (low ambient temperature conditions may be de-
termined based on intake air or engine coolant temperature at engine
start) or at elevations above 8000 feet above sea level. The Executive Of-
ficer shall approve the request upon determining that the manufacturer
has provided data and/or an engineering evaluation that demonstrate that
monitoring during the conditions would be unreliable. A manufacturer
may further request, and the Executive Officer shall approve, that an
OBD system monitor be disabled at other ambient engine start tempera-
tures upon determining that the manufacturer has demonstrated with data
and/or an engineering evaluation that misdiagnosis would occur at the
ambient temperatures because of its effect on the component itself (e.g.,
component freezing).
(5.4) Manufacturers may request Executive Officer approval to dis-
able monitoring systems that can be affected by low fuel level or running
out of fuel (e.g., misfire detection) when the fuel level is 1 5 percent or less
of the nominal capacity of the fuel tank. The Executive Officer shall ap-
prove the request upon determining that the manufacturer has submitted
data and/or an engineering evaluation that demonstrate that monitoring
at the fuel levels would be unreliable and the OBD system is able to detect
a malfunction if the component(s) used to determine fuel level erro-
neously indicates a fuel level that causes the disablement.
(5.5) Manufacturers may disable monitoring systems that can be af-
fected by vehicle battery or system voltage levels.
(5.5. 1) For monitoring systems affected by low vehicle battery or sys-
tem voltages, manufacturers may disable monitoring systems when the
battery or system voltage is below 11.0 Volts. Manufacturers may re-
quest Executive Officer approval to utilize a voltage threshold higher
than 11.0 Volts to disable system monitoring. The Executive Officer
shall approve the request upon determining that the manufacturer has
submitted data and/or an engineering evaluation that demonstrate that
monitoring at the voltages would be unreliable and that either operation
of a vehicle below the disablement criteria for extended periods of time
is unlikely or the OBD system monitors the battery or system voltage and
will detect a malfunction at the voltage used to disable other monitors.
(5.5.2) For monitoring systems affected by high vehicle battery or sys-
tem voltages, manufacturers may request Executive Officer approval to
disable monitoring systems when the battery or system voltage exceeds
a manufacturer-defined voltage. The Executive Officer shall approve the
request upon determining that the manufacturer has submitted data and/
or an engineering evaluation that demonstrate that monitoring above the
manufacturer-defined voltage would be unreliable and that either the
electrical charging system/alternator warning light is illuminated (or
voltage gauge is in the "red zone") or the OBD system monitors the bat-
tery or system voltage and will detect a malfunction at the voltage used
to disable other monitors.
(5.6) A manufacturer may disable affected monitoring systems in ve-
hicles designed to accommodate the installation of PTO units (as defined
in section (c)), provided disablement occurs only while the PTO unit is
active, and the OBD readiness status is cleared by the on-board computer
(i.e., all monitors set to indicate "not complete") while the PTO unit is
activated (see section (h)(4.1) below). If the disablement occurs, the
readiness status may be restored to its state prior to PTO activation when
the disablement ends.
(h) Standardization Requirements
(1) Reference Documents:
The following Society of Automotive Engineers (SAE) and Interna-
tional Organization of Standards (ISO) documents are incorporated by
reference into this regulation:
(1.1) SAE J 1930 "Electrical/Electronic Systems Diagnostic Terms,
Definitions, Abbreviations, and Acronyms — Equivalent to 1SO/TR
15031-2:April 30, 2002". April 2002 (SAE JI930).
(1.2) SAE J1962 "Diagnostic Connector — Equivalent to ISO/DIS
15031-3: December 14, 2001", April 2002 (SAE J 1962).
(1.3) SAE J 1978 "OBD II Scan Tool — Equivalent to ISO/DIS
15031-4: December 14, 2001", April 2002 (SAE J 1978).
(1.4) SAE J 1979 "E/E Diagnostic Test Modes — Equivalent to ISO/
DIS 1503 1-5: April 30, 2002", April 2002 (SAE J 1979).
( 1 .5) SAE J2012 "Diagnostic Trouble Code Definitions — Equivalent
to ISO/DIS 15031-6:April 30, 2002", April 2002 (SAE J2012).
(1.6) ISO 15765-4:2001 "Road Vehicles-Diagnostics on Controller
Area Network (CAN) - Part 4: Requirements for emission-related sys-
tems", December 2001 (ISO 15765^1).
(1.7) SAE J1939 March 2005 -"Recommended Practice for a Serial
Control and Communications Vehicle Network" and the associated sub-
parts included in SAE HS-1939, "Truck and Bus Control and Commu-
nications Network Standards Manual", 2005 Edition (SAE J 1939).
(1.8) SAE J2403 "Medium/Heavy-Duty E/E Systems Diagnosis No-
menclature," August 2004 (SAE J2403).
(2) Diagnostic Connector:
A standard data link connector conforming to SAE J 1962 or SAE
J 1939-1 3 specifications (except as specified in section (h)(2.3)) shall be
incorporated in each vehicle.
(2.1) The connector shall be located in the driver's side foot-well re-
gion of the vehicle interior in the area bound by the driver's side of the
vehicle and the driver's side edge of the center console (or the vehicle
centerline if the vehicle does not have a center console) and at a location
no higher than the bottom of the steering wheel when in the lowest adjust-
able position. The connector may not be located on or in the center con-
sole (i.e., neither on the horizontal faces near the floor-mounted gear se-
lector, parking brake lever, or cup-holders nor on the vertical faces near
the car stereo, climate system, or navigation system controls). The loca-
tion of the connector shall be capable of being easily identified and ac-
cessed (e.g., to connect an off-board tool). For vehicles equipped with
a driver's side door, the connector shall be capable of being easily identi-
fied and accessed by a technician standing (or "crouched") on the ground
outside the driver's side of the vehicle with the driver's side door open.
(2.2) If the connector is covered, the cover must be removable by hand
without the use of any tools and be labeled "OBD" to aid technicians in
identifying the location of the connector. Access to the diagnostic con-
nector may not require opening or the removal of any storage accessory
(e.g., ashtray, coinbox). The label shall be submitted to the Executive Of-
ficer for review and approval, at or before the time the manufacturer sub-
mits its certification application. The Executive Officer shall approve the
label upon determining that it clearly identifies that the connector is lo-
cated behind the cover and is consistent with language and/or symbols
commonly used in the automotive industry.
(2.3) If the ISO 15765-4 protocol (see section (h)(3)) is used for the
required OBD standardized functions, the connector shall meet the
"Type A" specifications of SAE J 1962. Any pins in the connector that
provide electrical power shall be properly fused to protect the integrity
and usefulness of the connector for diagnostic purposes and may not ex-
ceed 20.0 Volts DC regardless of the nominal vehicle system or battery
voltage (e.g., 12V, 24V, 42V).
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(2.4) If the SAE J 1 939 protocol (see section (h)(3)) is used for the re-
quired OBD standardized functions, the connector shall meet the specifi-
cations of SAE J 1 939-13. Any pins in the connector that provide electri-
cal power shall be properly fused to protect the integrity and usefulness
of the connector for diagnostic purposes.
(2.5) Manufacturers may equip vehicles with additional diagnostic
connectors for manufacturer-specific purposes (i.e., purposes other than
the required OBD functions). However, if the additional connector con-
forms to the "Type A" specifications of SAE J1962 or the specifications
of SAE J1939— 13 and is located in the vehicle interior near the required
connector of section (h)(2.3) or (2.4). the connector(s) must be clearly la-
beled to identify which connector is used to access the standardized OBD
information required in section (h).
(3) Communications to a Scan Tool:
All OBD control modules (e.g., engine, auxiliary emission control
module) on a single vehicle shall use the same protocol for communica-
tion of required emission-related messages from on-board to off-board
network communications to a scan tool meeting SAE J 1978 specifica-
tions or designed to communicate with an SAE J 1939 network. Engine
manufacturers shall not alter normal operation of the engine emission
control system due to the presence of off-board test equipment accessing
information required by section (h). The OBD system shall use one of the
following standardized protocols:
(3.1) ISO 15765-4. All required emission-related messages using this
protocol shall use a 500 kbps baud rate.
(3.2) SAE J 1939. This protocol may only be used on vehicles with die-
sel engines.
(4) Required Emission Related Functions:
The following standardized functions shall be implemented in accor-
dance with the specifications in SAE J1979 or SAE J1939 to allow for
access to the required information by a scan tool meeting SAE J1978
specifications or designed to communicate with an SAE J1939 network:
(4.1) Readiness Status: In accordance with SAE J1979/J 1939-73
specifications, the OBD system shall indicate "complete" or "not com-
plete" for each of the installed monitored components and systems iden-
tified in sections (e)(1) through (f)(9), and (g)(3) except (f)(4). All com-
ponents or systems identified in (f)(1), (f)(2), or (g)(3) that are monitored
continuously shall always indicate "complete". Components or systems
that are not subject to continuous monitoring shall immediately indicate
"complete" upon the respective diagnostic(s) being fully executed and
determining that the component or system is not malfunctioning. A com-
ponent or system shall also indicate "complete" if after the requisite num-
ber of decisions necessary for determining MIL status has been fully
executed, the monitor indicates a malfunction for the component or sys-
tem. The status for each of the monitored components or systems shall
indicate "not complete" whenever fault memory has been cleared or
erased by a means other than that allowed in section (d)(2). Normal ve-
hicle shut down (i.e., key off, engine off) may not cause the status to indi-
cate "not complete".
(4.1.1) Subject to Executive Officer approval, a manufacturer may re-
quest that the readiness status for a monitor be set to indicate "complete"
without monitoring having been completed if monitoring is disabled for
a multiple number of driving cycles due to the continued presence of ex-
treme operating conditions (e.g., cold ambient temperatures, high alti-
tudes). Executive Officer approval shall be based on the conditions for
monitoring system disablement and the number of driving cycles speci-
fied without completion of monitoring before readiness is indicated as
"complete".
(4.1.2) For the evaporative system monitor, the readiness status shall
be set in accordance with section (h)(4. 1 ) when both the functional check
of the purge valve and, if applicable, the leak detection monitor of the ori-
fice size specified in section (f)(7.2.2)(B) (e.g., 0.150 inch) indicate that
they are complete.
(4. 1 .3) If the manufacturer elects to additionally indicate readiness sta-
tus through the MIL in the key on, engine off position as provided for in
section (d)(2.1 .3), the readiness status shall be indicated in the following
manner: If the readiness status for all monitored components or systems
is "complete", the MIL shall remain continuously illuminated in the key
on, engine off position for at least 15-20 seconds. If the readiness status
for one or more of the monitored components or systems is "not com-
plete", after 15-20 seconds of operation in the key on, engine off position
with the MIL illuminated continuously, the MIL shall blink once per se-
cond for 5-10 seconds. The data stream value for MIL status (section
(h)(4.2)) shall indicate "commanded off during this sequence unless the
MIL has also been "commanded on" for a detected fault.
(4.2) Data Stream: The following signals shall be made available on
demand through the standardized data link connector in accordance with
SAE J 1 979/J 1 939 specifications. The actual signal value shall always be
used instead of a default or limp home value.
(4.2.1 ) For all gasoline engines:
(A) Calculated load value, engine coolant temperature, engine speed,
vehicle speed, time elapsed since engine start; and
(B) Absolute load, fuel level (if used to enable or disable any other
diagnostics), barometric pressure (directly measured or estimated), en-
gine control module system voltage, commanded equivalence ratio; and
(C) Number of stored confirmed fault codes, catalyst temperature (if
directly measured or estimated for purposes of enabling the catalyst mon-
itors)), monitor status (i.e., disabled for the rest of this driving cycle,
complete this driving cycle, or not complete this driving cycle) since last
engine shut-off for each monitor used for readiness status, distance trav-
eled (or engine run time for engines not utilizing vehicle speed informa-
tion) while MIL activated, distance traveled (or engine run time for en-
gines not utilizing vehicle speed information) since fault memory last
cleared, and number of warm-up cycles since fault memory last cleared,
OBD requirements to which the engine is certified (e.g., California OBD,
EPA OBD, European OBD, non-OBD) and MIL status (i.e., comman-
ded-on or commanded-off).
(4.2.2) For all diesel engines:
(A) Calculated load (engine torque as a percentage of maximum
torque available at the current engine speed), driver's demand engine
torque (as a percentage of maximum engine torque), actual engine torque
(as a percentage of maximum engine torque), reference engine maximum
torque, reference maximum engine torque as a function of engine speed
(suspect parameter numbers (SPN) 539 through 543 defined by SAE
Jl 939 within parameter group number (PGN) 6525 1 for engine configu-
ration), engine coolant temperature, engine oil temperature (if used for
emission control or any OBD diagnostics), engine speed, time elapsed
since engine start; and
(B) Fuel level (if used to enable or disable any other diagnostics), ve-
hicle speed (if used for emission control or any OBD diagnostics), baro-
metric pressure (directly measured or estimated), engine control module
system voltage; and
(C) Number of stored confirmed/MIL-on fault codes, monitor status
(i.e., disabled for the rest of this driving cycle, complete this driving
cycle, or not complete this driving cycle) since last engine shut-off for
each monitor used for readiness status, distance traveled (or engine run
time for engines not utilizing vehicle speed information) while MIL acti-
vated, distance traveled (or engine run time for engines not utilizing ve-
hicle speed information) since fault memory last cleared, number of
warm-up cycles since fault memory last cleared, OBD requirements to
which the engine is certified (e.g., California OBD, California OBD-
child rating (i.e., for engines subject to (d)(7.1.2) or (d)(7.2.3)) EPA
OBD, European OBD, non-OBD), and MIL status (i.e., commanded-on
or commanded-off);
(D) NOx NTE control area status (i.e., inside control area, outside con-
trol area, inside manufacturer-specific NOx NTE carve-out area, or defi-
ciency active area) and PM NTE control area status (i.e., inside control
area, outside control area, inside manufacturer-specific PM NTE carve-
out area, or deficiency active area).
(E) For purposes of the calculated load and torque parameters in sec-
tion (h)(4.2.2)(A), manufacturers shall report the most accurate values
that are calculated within the applicable electronic control unit (e.g., the
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engine control module). "Most accurate values", in this context, shall be
of sufficient accuracy, resolution, and filtering to be used for the purposes
of in-use emission testing with the engine still in a vehicle (e.g., using
portable emission measurement equipment).
(4.2.3) For all engines so equipped:
(A) Absolute throttle position, relative throttle position, fuel control
system status (e.g., open loop, closed loop), fuel trim, fuel pressure, igni-
tion timing advance, fuel injection timing, intake air/manifold tempera-
ture, engine intercooler temperature, manifold absolute pressure, air flow
rate from mass air flow sensor, secondary air status (upstream, down-
stream, or atmosphere), ambient air temperature, commanded purge
valve duty cycle/position, commanded EGR valve duty cycle/position,
actual EGR valve duty cycle/position, EGR error between actual and
commanded, PTO status (active or not active), redundant absolute
throttle position (for electronic throttle or other systems that utilize two
or more sensors), absolute pedal position, redundant absolute pedal posi-
tion, commanded throttle motor position, fuel rate, boost pressure, com-
manded/target boost pressure, turbo inlet air temperature, fuel rail pres-
sure, commanded fuel rail pressure, PM filter inlet pressure, PM filter
inlet temperature, PM filter outlet pressure, PM filter outlet temperature,
PM filter delta pressure, exhaust pressure sensor output, exhaust gas tem-
perature sensor output, injection control pressure, commanded injection
control pressure, turbocharger/turbine speed, variable geometry turbo
position, commanded variable geometry turbo position, turbocharger
compressor inlet temperature, turbocharger compressor inlet pressure,
turbocharger turbine inlet temperature, turbocharger turbine outlet tem-
perature, wastegate valve position, glow plug lamp status; and
(B) Oxygen sensor output, air/fuel ratio sensor output, NOx sensor
output, and evaporative system vapor pressure.
(4.3) Freeze Frame.
(4.3.1) "Freeze frame" information required to be stored pursuant to
sections (d)(2.2.1)(D), (d)(2.2.2)(D), (0(1.4.4), and (0(2.4.3) shall be
made available on demand through the standardized data link connector
in accordance with SAE J 1979/J 1939-73 specifications.
(4.3.2) "Freeze frame" conditions must include the fault code which
caused the data to be stored and all of the signals required in sections
(h)(4.2.1)(A) and (4.2.2)(A). Freeze frame conditions shall also include
all of the signals required on the engine in sections (h)(4.2.I)(B),
(4.2.2)(B), and (4.2.3)(A) that are used for diagnostic or control purposes
in the specific diagnostic or emission-critical powertrain control unit that
stored the fault code.
(4.3.3) Only one frame of data is required to be recorded. Manufactur-
ers may choose to store additional frames provided that at least the re-
quired frame can be read by a scan tool meeting SAE J 1978 specifica-
tions or designed to communicate with an SAE J1939 network.
(4.4) Fault Codes
(4.4.1) For vehicles using the ISO 15765-4 protocol for the standard-
ized functions required in section (h):
(A) For all monitored components and systems, stored pending, con-
firmed, and permanent fault codes shall be made available through the
diagnostic connector in a standardized format in accordance with SAE
J 1 979 specifications. Standardized fault codes conforming to SAE J201 2
shall be employed.
(B) The stored fault code shall, to the fullest extent possible, pinpoint
the likely cause of the malfunction. To the extent feasible, manufacturers
shall use separate fault codes for every diagnostic where the diagnostic
and repair procedure or likely cause of the failure is different. In general,
rationality and functional diagnostics shall use different fault codes than
the respective circuit continuity diagnostics. Additionally, input compo-
nent circuit continuity diagnostics shall use different fault codes for dis-
tinct malfunctions (e.g., out-of-range low, out-of-range high, open cir-
cuit).
(C) Manufacturers shall use appropriate SAE-defined fault codes of
SAE J2012 (e.g., POxxx, P2xxx) whenever possible. With Executive Of-
ficer approval, manufacturers may use manufacturer-defined fault codes
in accordance with SAE J2012 specifications (e.g., Plxxx). Factors to be
considered by the Executive Officer for approval shall include the lack
of available SAE-defined fault codes, uniqueness of the diagnostic or
monitored component, expected future usage of the diagnostic or compo-
nent, and estimated usefulness in providing additional diagnostic and re-
pair information to service technicians. Manufacturer-defined fault
codes shall be used consistently (i.e., the same fault code may not be used
to represent two different failure modes) across a manufacturer's entire
product line.
(D) A pending or confirmed fault code (as required in sections (d) and
(e) through (g)) shall be stored and available to an SAE J1978 scan tool
within 10 seconds after a diagnostic has determined that a malfunction
has occurred. A permanent fault code shall be stored and available to an
SAE J1978 scan tool no later than the end of an ignition cycle in which
the corresponding confirmed fault code causing the MIL to be illumi-
nated has been stored.
(E) Pending fault codes:
(i) Pending fault codes for all components and systems (including con-
tinuously and non-continuously monitored components) shall be made
available through the diagnostic connector in accordance with SAE
J1979 specifications (e.g., Mode/Service $07).
(ii) A pending fault code(s) shall be stored and available through the
diagnostic connector for all currently malfunctioning monitored compo-
nents) or system(s), regardless of the MIL illumination status or con-
firmed fault code status (e.g., even after a pending fault has matured to
a confirmed fault code and the MIL is illuminated, a pending fault code
shall be stored and available if the most recent monitoring event indicates
the component is malfunctioning).
(iii) Manufacturers using alternate statistical protocols for MIL illu-
mination as allowed in section (d)(2.2. 1)(C) shall submit to the Executive
Officer a protocol for setting pending fault codes. The Executive Officer
shall approve the proposed protocol upon determining that, overall, it is
equivalent to the requirements in sections (h)(4.4.1)(E)(i) and (ii) and
that it effectively provides service technicians with a quick and accurate
indication of a pending failure.
(F) Permanent fault codes:
(i) Permanent fault codes for all components and systems shall be
made available through the diagnostic connector in a standardized format
that distinguishes permanent fault codes from both pending fault codes
and confirmed fault codes.
(ii) A confirmed fault code shall be stored as a permanent fault code
no later than the end of the ignition cycle and subsequently at all times
that the confirmed fault code is commanding the MIL on (e.g., for cur-
rently failing systems but not during the 40 warm-up cycle self-healing
process described in section (d)(2.3.1)(B)).
(iii) Permanent fault codes shall be stored in NVRAM and may not be
erasable by any scan tool command (generic or enhanced) or by discon-
necting power to the on-board computer.
(i v) Permanent fault codes shall be erasable if the engine control mod-
ule is reprogrammed and the readiness status (refer to section (h)(4. 1))
for all monitored components and systems are set to "not complete."
(v) The OBD system shall have the ability to store a minimum of four
current confirmed fault codes as permanent fault codes in NVRAM. If
the number of confirmed fault codes currently commanding the MIL on
exceeds the maximum number of permanent fault codes that can be
stored, the OBD system shall store the earliest detected confirmed fault
codes as permanent fault codes. If additional confirmed fault codes are
stored when the maximum number of permanent fault codes is already
stored in NVRAM, the OBD system may not replace any existing perma-
nent fault code with the additional confirmed fault codes.
(4.4.2) For vehicles using the SAE J 1939 protocol for the standardized
functions required in section (h):
(A) For all monitored components and systems, stored pending, MIL-
on, and previously MIL-on fault codes shall be made available through
the diagnostic connector in a standardized format in accordance with
SAE J1939 specifications (i.e., Diagnostic Message (DM) 6, DM 1 2, and
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DM23). Standardized fault codes conforming to SAE J1939 shall be
employed.
(B) The stored fault code shall, to the fullest extent possible, pinpoint
the likely cause of the malfunction. To the extent feasible, manufacturers
shall use separate fault codes for every diagnostic where the diagnostic
and repair procedure or likely cause of the failure is different. In general,
rationality and functional diagnostics shall use different fault codes than
the respective circuit continuity diagnostics. Additionally, input compo-
nent circuit continuity diagnostics shall use different fault codes for dis-
tinct malfunctions (e.g., out-of-range low, out-of-range high, open cir-
cuit).
(C) Manufacturers shall use appropriate SAE-defined fault codes of
SAE J939 whenever possible. With Executive Officer approval,
manufacturers may use manufacturer-defined fault codes in accordance
with SAE J1939 specifications. Factors to be considered by the Execu-
tive Officer for approval shall include the lack of available SAE-defined
fault codes, uniqueness of the diagnostic or monitored component, ex-
pected future usage of the diagnostic or component, and estimated use-
fulness in providing additional diagnostic and repair information to ser-
vice technicians. Manufacturer-defined fault codes shall be used
consistently (i.e., the same fault code may not be used to represent two
different failure modes) across a manufacturer's entire product line.
(D) A pending or MIL-on fault code (as required in sections (d), (e),
and (g)) shall be stored and available to an SAE J 1939 scan tool within
10 seconds after a diagnostic has determined that a malfunction has oc-
curred. A permanent fault code shall be stored and available to an SAE
J 1 939 scan tool no later than the end of an ignition cycle in which the cor-
responding MIL-on fault code causing the MIL to be illuminated has
been stored.
(E) Pending fault codes:
(i) Pending fault codes for all components and systems (including con-
tinuously and non-continuously monitored components) shall be made
available through the diagnostic connector in accordance with SAE
J1939 specifications (i.e., DM6).
(ii) Manufacturers using alternate statistical protocols for MIL illu-
mination as allowed in section (d)(2.2.2)(C) shall submit to the Executive
Officer a protocol for setting pending fault codes. The Executive Officer
shall approve the proposed protocol upon determining that, overall, it is
equivalent to the requirements in sections (h)(4.4.2)(E)(i) and that it ef-
fectively provides service technicians with a quick and accurate indica-
tion of a pending failure.
(F) Permanent fault codes:
(i) Permanent fault codes for all components and systems shall be
made available through the diagnostic connector in a standardized format
that distinguishes permanent fault codes from pending fault codes, MIL-
on fault codes, and previously MIL-on fault codes.
(ii) A MIL-on fault code shall be stored as a permanent fault code no
later than the end of the ignition cycle and subsequently at all times that
the MIL-on fault code is commanding the MIL on (e.g., for currently fail-
ing systems).
(iii) Permanent fault codes shall be stored in NVRAM and may not be
erasable by any scan tool command (generic or enhanced) or by discon-
necting power to the on-board computer.
(iv) Permanent fault codes shall be erasable if the engine control mod-
ule is reprogrammed and the readiness status (refer to section (h)(4.1))
for all monitored components and systems are set to "not complete."
(v) The OBD system shall have the ability to store a minimum of four
current MIL-on fault codes as permanent fault codes in NVRAM. If the
number of MIL-on fault codes currently commanding the MIL on ex-
ceeds the maximum number of permanent fault codes that can be stored,
the OBD system shall store the earliest detected MIL-on fault codes as
permanent fault codes. If additional MIL-on fault codes are stored when
the maximum number of permanent fault codes is already stored in
NVRAM, the OBD system may not replace any existing permanent fault
code with the additional MIL-on fault codes.
(4.5) Test Results
(4.5. 1 ) Except as provided in section (h)(4.5.7), for all monitored com-
ponents and systems identified in sections (e)(1) through (0(9), results
of the most recent monitoring of the components and systems and the test
limits established for monitoring the respective components and systems
shall be stored and available through the data link in accordance with the
standardized format specified in SAE J1979 for the ISO 15765-4 proto-
col or SAE J 1939.
(4.5.2) The test results shall be reported such that properly functioning
components and systems (e.g., "passing" systems) do not store test val-
ues outside of the established test limits. Test limits shall include both
minimum and maximum acceptable values and shall be defined so that
a test result equal to either test limit is a "passing" value, not a "failing"
value.
(4.5.3) The test results shall be standardized such that the name of the
monitored component (e.g., catalyst bank 1) can be identified by a gener-
ic scan tool and the test results and limits can be scaled and reported with
the appropriate engineering units by a generic scan tool.
(4.5.4) The test results shall be stored until updated by a more recent
valid test result or the fault memory of the OBD system computer is
cleared. Upon fault memory being cleared, test results reported for moni-
tors that have not yet completed with valid test results since the last time
the fault memory was cleared shall report values of zero for the test result
and test limits.
(4.5.5) All test results and test limits shall always be reported and the
test results shall be stored until updated by a more recent valid test result
or the fault memory of the OBD system computer is cleared.
(4.5.6) The OBD system shall store and report unique test results for
each separate diagnostic.
(4.5.7) The requirements of section (h)(4.5) do not apply to continuous
fuel system monitoring, cold start emission reduction strategy monitor-
ing, and continuous circuit monitoring.
(4.6) Software Calibration Identification: On all vehicles, a single soft-
ware calibration identification number (CAL ID) for each diagnostic or
emission critical control unit(s) shall be made available through the stan-
dardized data link connector in accordance with the SAE J1979/J1939
specifications. A unique CAL ID shall be used for every emission-re-
lated calibration and/or software set having at least one bit of different
data from any other emission-related calibration and/or software set.
Control units coded with multiple emission or diagnostic calibrations
and/or software sets shall indicate a unique CAL ID for each variant in
a manner that enables an off-board device to determine which variant is
being used by the vehicle. Control units that utilize a strategy that will
result in MIL illumination if the incorrect variant is used (e.g., control
units that contain variants for manual and automatic transmissions but
will illuminate the MIL if the variant selected does not match the type of
transmission on the vehicle) are not required to use unique CAL IDs.
(4.7) Software Calibration Verification Number
(4.7.1) All vehicles shall use an algorithm to calculate a single calibra-
tion verification number (CVN) that verifies the on-board computer soft-
ware integrity for each diagnostic or emission critical electronically re-
programmable control unit. The CVN shall be made available through
the standardized data link connector in accordance with the SAE
J1979/J1939 specifications. The CVN shall be capable of being used to
determine if the emission-related software and/or calibration data are
valid and applicable for that vehicle and CAL ID.
(4.7.2) Manufacturers shall submit information for Executive Officer
approval of the algorithm used to calculate the CVN. Executive Officer
approval of the algorithm shall be based on the complexity of the algo-
rithm and the determination that the same CVN is difficult to achieve
with modified calibration values.
(4.7.3) The CVN shall be calculated at least once per driving cycle and
stored until the CVN is subsequently updated. Except for immediately af-
ter a reprogramming event or a non-volatile memory clear or for the first
30 seconds of engine operation after a volatile memory clear or battery
disconnect, the stored value shall be made available through the data link
connector to a generic scan tool in accordance with SAE J1979/J1939
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specifications. The stored CVN value may not be erased when fault
memory is erased by a generic scan tool in accordance with SAE
J1979/J1939 specifications or during normal vehicle shutdown (i.e., key
off, engine off).
(4.7.4) For purposes of Inspection and Maintenance (I/M) testing,
manufacturers shall make the CVN and CAL ID combination informa-
tion available for all vehicles in a standardized electronic format that al-
lows for off-board verification that the CVN is valid and appropriate for
a specific vehicle and CAL ID.
(4.8) Vehicle Identification Number:
(4.8.1) All vehicles shall have the vehicle identification number (VIN)
available in a standardized format through the standardized data link con-
nector in accordance with SAE J1979/J 1939 specifications. Only one
electronic control unit per vehicle shall report the VIN to an SAE
J1978/J1939 scan tool.
(4.8.2) If the VIN is reprogrammable, all emission-related diagnostic
information identified in section (h)(4.9. 1 ) shall be erased in conjunction
with reprogramming of the VIN.
(4.9) Erasure of Emission-Related Diagnostic Information:
(4.9.1) For purposes of section (h)(4.9), "emission-related diagnostic
information" includes all the following:
(A) Readiness status (section (h)(4.1))
(B) Data stream information (section (h)(4.2)) including number of
stored confirmed/MIL-on fault codes, distance traveled while MIL acti-
vated, number of warm-up cycles since fault memory last cleared, and
distance traveled since fault memory last cleared.
(C) Freeze frame information (section (h)(4.3))
(D) Pending, confirmed, MIL-on, and previously MIL-on fault codes
(section (h)(4.4.))
(E) Test results (section (h)(4.5))
(4.9.2) For all vehicles, the emission-related diagnostic information
shall be erased if commanded by a scan tool (generic or enhanced) and
may be erased if the power to the on-board computer is disconnected. If
any of the emission-related diagnostic information is commanded to be
erased by a scan tool (generic or enhanced), all emission-related diag-
nostic information from all diagnostic or emission critical control units
shall be erased. The OBD system may not allow a scan tool to erase a sub-
set of the emission-related diagnostic information (e.g., the OBD system
may not allow a scan tool to erase only one of three stored fault codes or
only information from one control unit without erasing information from
the other control unit(s)).
(5) Tracking Requirements:
(5.1) In-use Performance Ratio Tracking Requirements:
(5.1.1) For each monitor required in sections (e) through (g) to sepa-
rately report an in-use performance ratio, manufacturers shall implement
software algorithms to report a numerator and denominator in the stan-
dardized format specified below and in accordance with the SAE
J1979/JJ939 specifications.
(5.1.2) Numerical Value Specifications:
(A) For the numerator, denominator, general denominator, and igni-
tion cycle counter:
(i) Each number shall have a minimum value of zero and a maximum
value of 65,535 with a resolution of one.
(ii) Each number shall be reset to zero only when a non-volatile ran-
dom access memory (NVRAM) reset occurs (e.g., reprogramming
event) or, if the numbers are stored in keep-alive memory (KAM), when
KAM is lost due to an interruption in electrical power to the control mod-
ule (e.g., battery disconnect). Numbers may not be reset to zero under any
other circumstances including when a scan tool command to clear fault
codes or reset KAM is received.
(iii) If either the numerator or denominator for a specific component
reaches the maximum value of 65,535 ±2, both numbers shall be divided
by two before either is incremented again to avoid overflow problems.
(iv) If the ignition cycle counter reaches the maximum value of 65,535
±2, the ignition cycle counter shall rollover and increment to zero on the
next ignition cycle to avoid overflow problems.
(v) If the general denominator reaches the maximum value of 65,535
±2, the general denominator shall rollover and increment to zero on the
next driving cycle that meets the general denominator definition to avoid
overflow problems.
(vi) If a vehicle is not equipped with a component (e.g., oxygen sensor
bank 2, secondary air system), the corresponding numerator and denomi-
nator for that specific component shall always be reported as zero.
(B) For the ratio:
(i) The ratio shall have a minimum value of zero and a maximum value
of 7.99527 with a resolution of 0.000122.
(ii) A ratio for a specific component shall be considered to be zero
whenever the corresponding numerator is equal to zero and the corre-
sponding denominator is not zero.
(iii) A ratio for a specific component shall be considered to be the max-
imum value of 7.99527 if the corresponding denominator is zero or if the
actual value of the numerator divided by the denominator exceeds the
maximum value of 7.99527.
(5.2) Engine Run Time Tracking Requirements:
(5.2.1) For all gasoline and diesel engines, manufacturers shall imple-
ment software algorithms to individually track and report in a standard-
ized format the engine run time while being operated in the following
conditions:
(A) Total engine run time;
(B) Total idle run time (with "idle" defined as accelerator pedal re-
leased by driver, vehicle speed less than or equal to one mile per hour,
engine speed greater than or equal to 50 to 150 rpm below the normal,
warmed-up idle speed (as determined in the drive position for vehicles
equipped with an automatic transmission), and PTO not active);
(C) Total run time with PTO active.
(5.2.2) Numerical Value Specifications:
(A) For each counter specified in section (h)(5.2. 1):
(i) Each number shall be a four-byte value with a minimum value of
zero, a resolution of one second per bit, and an accuracy of +/- ten se-
conds per driving cycle.
(ii) Each number shall be reset to zero only when a non-volatile
memory reset occurs (e.g., reprogramming event). Numbers may not be
reset to zero under any other circumstances including when a scan tool
(generic or enhanced) command to clear fault codes or reset KAM is re-
ceived.
(iii) If any of the individual counters reach the maximum value, all
counters shall be divided by two before any are incremented again to
avoid overflow problems.
(iv) The counters shall be made available to a generic scan tool in ac-
cordance with the SAE J1979/J 1939 specifications and may be rescaled
when transmitted, if required by the SAE specifications, from a resolu-
tion of one second per bit to no more than three minutes per bit.
(6) Service Information:
(6.1) Engine manufacturers shall provide the aftermarket service and
repair industry emission-related service information as set forth in sec-
tions (h)(6.3) through (6.5).
(6.2) The Executive Officer shall waive the requirements of sections
(h)(6.3) through (6.5) upon determining that the ARB or U.S. EPA has
adopted a service information regulation or rule that is in effect and op-
erative and requires engine manufacturers to provide emission-related
service information:
(A) of comparable or greater scope than required under these provi-
sions;
(B) in an easily accessible format and in a timeframe that is equivalent
to or exceeds the timeframes set forth below; and
(C) at fair and reasonable cost.
(6.3) Manufacturers shall make readily available, at a fair and reason-
able price to the automotive repair industry, vehicle repair procedures
which allow effective emission-related diagnosis and repairs to be per-
formed using only the SAE JI 978/J1939 generic scan tool and common-
ly available, non-microprocessor based tools.
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Title 13
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(6.4) As an alternative to publishing repair procedures required under
section (h)(6.3), a manufacturer may publish repair procedures referenc-
ing the use of manufacturer-specific or enhanced equipment provided
the manufacturer makes available to the aftermarket scan tool industry
the information needed to manufacture scan tools to perform the same
emission-related diagnosis and repair procedures (excluding any repro-
gramming) in a comparable manner as the manufacturer-specific diag-
nostic scan tool.
(6.5) Manufacturers shall make available:
(6.5.1) Information to utilize the test results reported as required in
section (h)(4.5). The information must include a description of the test
and test result, typical passing and failing values, associated fault codes
with the test result, and scaling, units, and conversion factors necessary
to convert the results to engineering units.
(6.5.2) A generic description of each of the diagnostics used to meet
the requirements of this regulation. The generic description must include
a text description of how the diagnostic is performed, typical enable
conditions, typical malfunction thresholds, typical monitoring time, fault
codes associated with the diagnostic, and test results (section (h)(4.5))
associated with the diagnostic. Vehicles that have diagnostics not ade-
quately represented by the typical values identified above shall be specif-
ically identified along with the appropriate typical values.
(6.5.3) Information necessary to execute each of the diagnostics used
to meet the requirements of sections (e)(1) through (f)(9). The informa-
tion must include either a description of sample driving patterns designed
to be operated in-use or a written description of the conditions the vehicle
needs to operate in to execute each of the diagnostics necessary to change
the readiness status from "not complete" to "complete" for all monitors.
The information shall be able to be used to exercise all necessary moni-
tors in a single driving cycle as well as be able to be used to exercise the
monitors to individually change the readiness status for each specific
monitor from "not complete" to "complete".
(7) Exceptions to Standardization Requirements.
(7.1) For 2020 and subsequent model year alternate-fueled engines
derived from a diesel-cycle engine, a manufacturer may meet the stan-
dardized requirements of section (h) that are applicable to diesel engines
in lieu of the requirements applicable to gasoline engines.
(i) Monitoring System Demonstration Requirements for Certification
(1) General.
(1.1) Certification requires that manufacturers submit emission test
data from one or more durability demonstration test engines (test en-
gines).
(1.2) The Executive Officer may approve other demonstration proto-
cols if the manufacturer can provide comparable assurance that the mal-
function criteria are chosen based on meeting the malfunction criteria re-
quirements and that the timeliness of malfunction detection is within the
constraints of the applicable monitoring requirements.
(1.3) For flexible fuel engines capable of operating on more than one
fuel or fuel combinations, the manufacturer shall submit a plan for pro-
viding emission test data to the Executive Officer for approval. The
Executive Officer shall approve the plan if it is determined to be repre-
sentative of expected in-use fuel or fuel combinations and provides accu-
rate and timely evaluation of the monitored systems.
(2) Selection of Test Engines:
(2.1) Prior to submitting any applications for certification for a model
year, a manufacturer shall notify the Executive Officer of the engine fam-
ilies and engine ratings within each family planned for that model year.
The Executive Officer will then select the engine family(ies) and the spe-
cific engine rating within the engine family(ies) that the manufacturer
shall use as demonstration test engines to provide emission test data. The
selection of test vehicles for production vehicle evaluation, as specified
in section (/)(2), may take place during this selection process.
(2.2) Number of test engines:
(2.2.1) For the 2010 model year, a manufacturer shall provide emis-
sion test data of a test engine from the OBD parent rating.
(2.2.2) For the 201 1 and 2012 model years, a manufacturer certifying
one to seven engine families in a model year shall provide emission test
data of a test engine from one OBD child rating. A manufacturer certify-
ing eight or more engine families in a model year shall provide emission
test data of test engines from two OBD child ratings. The Executive Offi-
cer may waive the requirement for submittal of data of one or more of the
test engines if data have been previously submitted for all of the OBD
parent and OBD child ratings.
(2.2.3) For the 201 3 and subsequent model years, a manufacturer certi-
fying one to five engine families in a model year shall provide emission
test data of a test engine from one engine rating. A manufacturer certify-
ing six to ten engine families in a model year shall provide emission test
data from test engines from two engine ratings. A manufacturer certify-
ing eleven or more engine families in a model year shall provide emission
test data of test engines from three engine ratings. The Executive Officer
may waive the requirement for submittal of data of one or more of the test
engines if data have been previously submitted for all of the engine rat-
ings.
(2.2.4) For a given model year, a manufacturer may elect to provide
emission data of test engines from more engine ratings than required by
section (i)(2.2. 1 ) through (2.2.3). For each additional engine rating tested
in that given model year, the Executive Officer shall reduce the number
of engine ratings required for testing in one future model year under sec-
tions (i)(2.2.2) through (2.2.3) by one.
(2.3) For the test engine(s), a manufacturer shall use an engine(s) aged
for a minimum of 125 hours plus exhaust aftertreatment emission con-
trols aged to be representative of useful life. Manufacturers are required
to submit for Executive Officer approval a description of the accelerated
aging process and/or supporting data. The Executive Officer shall ap-
prove the process upon determining that the submitted description and/or
data demonstrate that the process ensures that deterioration of the ex-
haust aftertreatment emission controls is stabilized sufficiently such that
it is representative of the performance of the emission control at the end
of the useful life.
(3) Required Testing:
Except as provided below, the manufacturer shall perform single-
fault testing based on the applicable test with the following components/
systems set at their malfunction criteria limits as determined by the
manufacturer for meeting the requirements of sections (e), (f), and (g) or
sections (d)(7.1.2) and (d)(7.2.3) for extrapolated OBD systems.-
(3.1) Required testing for Diesel/Compression Ignition Engines:
(3.1.1) Fuel System: The manufacturer shall perform a separate test for
each malfunction limit established by the manufacturer for the fuel sys-
tem parameters (e.g., fuel pressure, injection timing) specified in sections
(e)( 1.2.1) through (e)( 1.2.3). When performing a test for a specific pa-
rameter, the fuel system shall be operating at the malfunction criteria lim-
it for the applicable parameter only. All other parameters shall be with
normal characteristics. In conducting the fuel system demonstration
tests, the manufacturer may use computer modifications to cause the fuel
system to operate at the malfunction limit if the manufacturer can demon-
strate to the Executive Officer that the computer modifications produce
test results equivalent to an induced hardware malfunction.
(3.1.2) Misfire Monitoring: For 2010 through 2012 model year en-
gines, a misfire demonstration test is not required for diesel engines. For
2013 and subsequent model year engines, the manufacturer shall perform
a test at the malfunction criteria limit specified in section (e)(2.2.2).
(3.1.3) EGR System: The manufacturer shall perform a test at each
flow, slow response, and cooling limit calibrated to the malfunction crite-
ria (e.g., 2.0 times the standard) in sections (e)(3.2.1) through (3.2.3) and
(e)(3.2.5). In conducting the EGR system slow response demonstration
tests, the manufacturer may use computer modifications to cause the
EGR system to operate at the malfunction limit if the manufacturer can
demonstrate to the Executive Officer that the computer modifications
produce test results equivalent to an induced hardware malfunction.
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(3.1.4) Boost Pressure Control System: The manufacturer shall per-
form a test at each boost, response, and cooling limit calibrated to the
malfunction criteria (e.g., 2.0 times the FTP standard) in sections
(e)(4.2.1) through (4.2.3) and (e)(4.2.4).
(3.1.5) NMHC Catalyst: The manufacturer shall perform a separate
test for each monitored NMHC catalyst(s) (e.g., oxidation catalyst). The
catalyst(s) being evaluated shall be deteriorated to the applicable mal-
function criteria established by the manufacturer in section (e)(5.2.2) us-
ing methods established by the manufacturer in accordance with section
(e)(5.2.4). For each monitored NMHC catalyst(s), the manufacturer shall
also demonstrate that the OBD system will detect a catalyst malfunction
with the catalyst at its maximum level of deterioration (i.e., the sub-
strate^) completely removed from the catalyst container or "empty"
can). Emission data are not required for the empty can demonstration.
(3.1 .6) NOx Catalyst: The manufacturer shall perform a separate test
for each monitored NOx catalyst(s) (e.g., SCR catalyst). The catalyst(s)
being evaluated shall be deteriorated to the applicable malfunction crite-
ria established by the manufacturer in sections (e)(6.2.1)(A)(i),
(e)(6.2.1)(B)(i), and (e)(6.2.2)(A) using methods established by the
manufacturer in accordance with section (e)(6.2.3). For each monitored
NOx catalyst(s), the manufacturer shall also demonstrate that the OBD
system will detect a catalyst malfunction with the catalyst at its maximum
level of deterioration (i.e., the substrate(s) completely removed from the
catalyst container or "empty" can). Emission data are not required for the
empty can demonstration.
(3.1.7) NOx Adsorber: The manufacturer shall perform a test using a
NOx adsorber(s) deteriorated to the malfunction criteria in section
(e)(7.2.1 ). The manufacturer shall also demonstrate that the OBD system
will detect a NOx adsorber malfunction with the NOx adsorber at its
maximum level of deterioration (i.e., the substrate(s) completely re-
moved from the container or "empty" can). Emission data are not re-
quired for the empty can demonstration.
(3.1.8) PM Filter: The manufacturer shall perform a test using a PM
filter(s) deteriorated to each applicable malfunction criteria in sections
(e)(8.2.1), (e)(8.2.2), and (e)(8.2.4). The manufacturer shall also demon-
strate that the OBD system will detect a PM filter malfunction with the
filter at its maximum level of deterioration (i.e., the filter(s) completely
removed from the filter container or "empty" can). Emission data are not
required for the empty can demonstration.
(3.1.9) Exhaust Gas Sensor: The manufacturer shall perform a test for
each exhaust gas sensor parameter calibrated to the malfunction criteria
(e.g., 2.0 times the FTP standard) in sections (e)(9.2.1)(A)(i),
(e)(9.2.1)(B)(i)a. through b., and (e)(9.2.2)(A)(i) through (ii). When per-
forming a test, all exhaust gas sensors used for the same purpose (e.g., for
the same feedback control loop, for the same control feature on parallel
exhaust banks) shall be operating at the malfunction criteria limit for the
applicable parameter only. All other exhaust gas sensor parameters shall
be with normal characteristics.
(3.1.10) VVT System: The manufacturer shall perform a test at each
target error limit and slow response limit calibrated to the malfunction
criteria (e.g., 2.0 times the FTP standard) in sections (e)(10.2.1) and
(e)(10.2.2). In conducting the VVT system demonstration tests, the
manufacturer may use computer modifications to cause the VVT system
to operate at the malfunction limit if the manufacturer can demonstrate
to the Executive Officer that the computer modifications produce test re-
sults equivalent to an induced hardware malfunction.
(3.1.11) For each of the testing requirements of section (i)(3.1), if the
manufacturer has established that only a functional check is required be-
cause no failure or deterioration of the specific tested system could result
in an engine's emissions exceeding the emission malfunction criteria
(e.g., 2.0 times any of the applicable standards), the manufacturer is not
required to perform a demonstration test; however the manufacturer is re-
quired to provide the data and/or engineering analysis used to determine
that only a functional test of the system(s) is required.
(3.2) Required testing for Gasoline/Spark-Ignited Engines:
(3.2.1) Fuel System:
(A) For engines with adaptive feedback based on the primary fuel con-
trol sensor(s), the manufacturer shall perform a test with the adaptive
feedback based on the primary fuel control sensor(s) at the rich limit(s)
and a test at the lean limit(s) established by the manufacturer in section
(0(1 .2.1) to detect a malfunction before emissions exceed 1 .5 times the
applicable standards.
(B) For engines with feedback based on a secondary fuel control sen-
sors) and subject to the malfunction criteria in section (f)( 1.2.1), the
manufacturer shall perform a test with the feedback based on the second-
ary fuel control sensor(s) at the rich limit(s) and a test at the lean limit(s)
established by the manufacturer in section (0(1 .2. 1 ) to detect a malfunc-
tion before emissions exceed 1.5 times the applicable standards.
(C) For other fuel metering or control systems, the manufacturer shall
perform a test at the criteria limit(s).
(D) For purposes of fuel system testing, the fault(s) induced may result
in a uniform distribution of fuel and air among the cylinders. Non-uni-
form distribution of fuel and air used to induce a fault may not cause mis-
fire. In conducting the fuel system demonstration tests, the manufacturer
may use computer modifications to cause the fuel system to operate at the
malfunction limit if the manufacturer can demonstrate to the Executive
Officer that the computer modifications produce test results equivalent
to an induced hardware malfunction.
(3.2.2) Misfire: The manufacturer shall perform a test at the malfunc-
tion criteria limit specified in section (f)(2.2.2).
(3.2.3) EGR System: The manufacturer shall perform a test at each
flow limit calibrated to the malfunction criteria (e.g., 1 .5 times the stan-
dard) in sections (0(3.2.1) and (f)(3.2.2).
(3.2.4) Cold Start Emission Reduction Strategy: The manufacturer
shall perform a test at the malfunction criteria for each component moni-
tored according to section (0(4.2.1).
(3.2.5) Secondary Air System: The manufacturer shall perform a test
at each flow limit calibrated to the malfunction criteria in sections
(f)(5.2.1)and(f)(5.2.2).
(3.2.6) Catalyst: The manufacturer shall perform a test using a catalyst
system deteriorated to the malfunction criteria in section (0(6.2.1) using
methods established by the manufacturer in accordance with section
(f)(6.2.2). The manufacturer shall also demonstrate that the OBD system
will detect a catalyst system malfunction with the catalyst system at its
maximum level of deterioration (i.e., the substrate(s) completely re-
moved from the catalyst container or "empty" can). Emission data are not
required for the empty can demonstration.
(3.2.7) Exhaust Gas Sensor: The manufacturer shall perform a test
with all primary exhaust gas sensors used for fuel control simultaneously
possessing a response rate deteriorated to the malfunction criteria limit
in section (f)(8.2.1)(A). Manufacturers shall also perform a test for any
other primary or secondary exhaust gas sensor parameter under sections
(0(8.2. 1 )(A) and (0(8.2.2)(A) that can cause engine emissions to exceed
1 .5 times the applicable standards (e.g., shift in air/fuel ratio at which ox-
ygen sensor switches, decreased amplitude). When performing addition-
al test(s), all primary and secondary (if applicable) exhaust gas sensors
used for emission control shall be operating at the malfunction criteria
limit for the applicable parameter only. All other primary and secondary
exhaust gas sensor parameters shall be with normal characteristics.
(3.2.8) VVT System: The manufacturer shall perform a test at each tar-
get error limit and slow response limit calibrated to the malfunction crite-
ria (e.g., 1.5 times the FTP standard) in sections (0(9.2.1) and (0(9.2.2).
In conducting the VVT system demonstration tests, the manufacturer
may use computer modifications to cause the VVT system to operate at
the malfunction limit if the manufacturer can demonstrate to the Execu-
tive Officer that the computer modifications produce test results equiva-
lent to an induced hardware malfunction.
(3.2.9) For each of the testing requirements of section (i)(3.2), if the
manufacturer has established that only a functional check is required be-
cause no failure or deterioration of the specific tested system could result
in an engine's emissions exceeding the emission malfunction criteria
(e.g., 1.5 times any of the applicable standards), the manufacturer is not
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•
•
required to perform a demonstration test; however the manufacturer is re-
quired to provide the data and/or engineering analysis used to determine
that only a functional test of the system(s) is required.
(3.3) Required Testing for All Engines:
(3.3.1) Other Emission Control Systems: The manufacturer shall con-
duct demonstration tests for all other emission control components (e.g.,
hydrocarbon traps, adsorbers) designed and calibrated to an emission
threshold malfunction criteria (e.g., 1.5 times the applicable emission
standards) under the provisions of section (g)(4).
(3.3.2) For each of the testing requirements of section (i)(3.3), if the
manufacturer has established that only a functional check is required be-
cause no failure or deterioration of the specific tested system could result
in an engine's emissions exceeding the emission malfunction criteria
(e.g., 1.5 times any of the applicable standards), the manufacturer is not
required to perform a demonstration test; however the manufacturer is re-
quired to provide the data and/or engineering analysis used to determine
that only a functional test of the system(s) is required.
(3.4) The manufacturer may electronically simulate deteriorated com-
ponents but may not make any engine control unit modifications (unless
otherwise provided above) when performing demonstration tests. All
equipment necessary to duplicate the demonstration test must be made
available to the ARB upon request.
(4) Testing Protocol:
(4.1) Preconditioning: The manufacturer shall use an applicable cycle
for preconditioning test engines prior to conducting each of the above
emission tests. Upon determining that a manufacturer has provided data
and/or engineering evaluation that demonstrate that additional precondi-
tioning is necessary to stabilize the emission control system, the Execu-
tive Officer shall allow the manufacturer to perform a single additional
preconditioning cycle, identical to the initial preconditioning cycle fol-
lowing a 20 minute hot soak after the initial preconditioning cycle. The
manufacturer may not require the test engine to be cold soaked prior to
conducting preconditioning cycles in order for the monitoring system
testing to be successful.
(4.2) Test Sequence:
(4.2. 1) The manufacturer shall set the system or component on the test
engine for which detection is to be tested at the criteria limit(s) prior to
conducting the applicable preconditioning cycle(s). If a second precondi-
tioning cycle is permitted in accordance with section (i)(4.1) above, the
manufacturer may adjust the system or component to be tested before
conducting the second preconditioning cycle. The manufacturer may not
replace, modify, or adjust the system or component after the last pre-
conditioning cycle has taken place.
(4.2.2) After preconditioning, the test engine shall be operated over the
applicable cycle to allow for the initial detection of the tested system or
component malfunction. This test cycle may be omitted from the testing
protocol if it is unnecessary. If required by the designated monitoring
strategy, a cold soak may be performed prior to conducting this test cycle.
(4.2.3) The test engine shall then be operated over the applicable ex-
haust emission test.
(4.3) A manufacturer required to test more than one test engine (sec-
tion (i)(2.2)) may utilize internal calibration sign-off test procedures
(e.g., forced cool downs, less frequently calibrated emission analyzers)
instead of official test procedures to obtain the emission test data required
in section (i) for all but one of the required test engines. The manufacturer
may elect this option if the data from the alternative test procedure are
representative of official emission test results. Manufacturers using this
option are still responsible for meeting the malfunction criteria specified
in sections (e) through (g) when emission tests are performed in accor-
dance with official test procedures.
(4.4) A manufacturer may request Executive Officer approval to uti-
lize an alternate testing protocol for demonstration of MIL illumination
if the engine dynamometer emission test cycle does not allow all of a
monitor's enable conditions to be satisfied. A manufacturer may request
the use of an alternate engine dynamometer test cycle or the use of chassis
testing to demonstrate proper MIL illumination. In evaluating the
manufacturer's request, the Executive Officer shall consider the techni-
cal necessity for using an alternate test cycle and the degree to which the
alternate test cycle demonstrates that in-use operation with the malfunc-
tioning component will properly result in MIL illumination.
(5) Evaluation Protocol:
(5. 1) Full OBD engine ratings subject to sections (d)(7. 1.1 ), (d)(7.2.2),
or (d)(7.3) shall be evaluated according to the following protocol.
(5.1.1) For all tests conducted under section (i), the MIL shall be illu-
minated upon detection of the tested system or component malfunction
before the end of the first engine start portion of the exhaust test of the
complete applicable test in accordance with requirements of sections (e)
through (g).
(5. 1 .2) If the MIL illuminates prior to emissions exceeding the appli-
cable malfunction criteria specified in sections (e) through (g), no further
demonstration is required. With respect to the misfire monitor demon-
stration test, if a manufacturer has elected to use the minimum misfire
malfunction criteria of one percent as allowed in sections (e)(2.2.2)(A)
and (f)(2.2.2)(A), no further demonstration is required if the MIL illumi-
nates with misfire implanted at the malfunction criteria limit.
(5. 1 .3) If the MIL does not illuminate when the system or component
is set at its limit(s), the criteria limit or the OBD system is not acceptable.
(A) Except for testing of the catalyst or PM filter system, if the MIL
first illuminates after emissions exceed the applicable malfunction crite-
ria specified in sections (e) through (g), the test engine shall be retested
with the tested system or component adjusted so that the MIL will illumi-
nate before emissions exceed the applicable malfunction criteria speci-
fied in sections (e) through (g). If the component cannot be adjusted to
meet this criterion because a default fuel or emission control strategy is
used when a malfunction is detected (e.g., open loop fuel control used af-
ter an oxygen sensor malfunction is determined), the test engine shall be
retested with the component adjusted to the worst acceptable limit (i.e.,
the applicable monitor indicates the component is performing at or
slightly better than the malfunction criteria). When tested with the com-
ponent adjusted to the worst acceptable limit, the MIL must not illumi-
nate during the test and the engine emissions must be below the applica-
ble malfunction criteria specified in sections (e) through (g).
(B) In testing the catalyst or PM filter system, if the MIL first illumi-
nates after emissions exceed the applicable emission threshold(s) speci-
fied in sections (e) and (f), the tested engine shall be retested with a less
deteriorated catalyst/PM filter system (i.e., more of the applicable engine
out pollutants are converted or trapped). For the OBD system to be ap-
proved, testing shall be continued until either of the following conditions
are satisfied:
(i) The MIL is illuminated and emissions do not exceed the thresholds
specified in sections (e) or (f); or
(ii) The manufacturer demonstrates that the MIL illuminates within
the upper and lower limits of the threshold identified below. The
manufacturer shall demonstrate acceptable limits by continuing testing
until the test results show:
a. The MIL is illuminated and emissions exceed the thresholds speci-
fied in sections (e) or (f) by 10 percent or less of the applicable standard
(e.g., emissions are less than 1 .85 times the applicable standard for a mal-
function criterion of 1 .75 times the standard); and
b. The MIL is not illuminated and emissions are below the thresholds
specified in sections (e) or (f) by no more than 20 percent of the standard
(e.g., emissions are between 1.55 and 1.75 times the applicable standard
for a malfunction criterion of 1.75 times the standard).
(5.1 .4) If an OBD system is determined unacceptable by the above cri-
teria, the manufacturer may recalibrate and retest the system on the same
test engine. In such a case, the manufacturer must confirm, by retesting,
that all systems and components that were tested prior to recalibration
and are affected by the recalibration function properly under the OBD
system as recalibrated.
(5.2) OBD child ratings subject to sections (d)(7.1 .2) or (d)(7.2.3) (i.e.,
extrapolated OBD) shall be evaluated according to the following proto-
col.
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(5.2. J) For all tests conducted under section (i), the MIL shall be illu-
minated upon detection of the tested system or component malfunction
before the end of the first engine start portion of the exhaust test of the
complete applicable test in accordance with the malfunction criteria es-
tablished by the manufacturer under sections (d)(7.1.2) and (d)(7.2.3).
(5.2.2) Except for testing of the catalyst or PM filter system, if the MIL
first illuminates after the tested component or system significantly ex-
ceeds the applicable malfunction criteria established by the manufactur-
er, the test engine shall be retested with the tested system or component
adjusted so that the MIL will illuminate at the applicable malfunction cri-
teria established by the manufacturer.
(5.2.3) In testing the catalyst or PM filter system, if the MIL first illu-
minates after the tested component or system significantly exceeds the
applicable malfunction criteria established by the manufacturer, the
tested engine shall be retested with a less deteriorated catalyst/PM filter
system (i.e., more of the applicable engine out pollutants are converted
or trapped). For the OBD system to be approved, testing shall be contin-
ued until either of the following conditions are satisfied:
(A) The MIL is illuminated and the tested component or system is at
the applicable malfunction criteria established by the manufacturer; or
(B) The manufacturer demonstrates that the MIL illuminates within
the upper and lower limits of the threshold identified below. The
manufacturer shall demonstrate acceptable limits by continuing testing
until the test results show:
(i) The MIL is illuminated and monitoring results indicate the tested
component or system exceeds the malfunction criteria established by the
manufacturer by 10 percent or less of the monitored parameter; and
(ii) The MIL is not illuminated and monitoring results indicate the
tested component or system is below the malfunction criteria established
by the manufacturer by 10 percent or less of the monitored parameter.
(6) Confirmatory Testing:
(6.1) The ARB may perform confirmatory testing to verify the emis-
sion test data submitted by the manufacturer under the requirements of
section (i) comply with the requirements of section (i) and the malfunc-
tion criteria identified in sections (e) through (g). This confirmatory test-
ing is limited to the engine rating represented by the demonstration en-
gine(s).
(6.2) The ARB or its designee may install appropriately deteriorated
or malfunctioning components (or simulate a deteriorated or malfunc-
tioning component) in an otherwise properly functioning test engine of
an engine rating represented by the demonstration test engine(s) in order
to test any of the components or systems required to be tested in section
(i). Upon request by the Executive Officer, the manufacturer shall make
available an engine and all test equipment (e.g., malfunction simulators,
deteriorated components) necessary to duplicate the manufacturer's test-
ing. The Executive Officer shall make the request within six months of
reviewing and approving the demonstration test engine data submitted by
the manufacturer for the specific engine rating.
(j) Certification Documentation
(1) When submitting an application for certification of an engine, the
manufacturer shall submit the following documentation. If any of the
items listed below are standardized for all of a manufacturer's engines,
the manufacturer may, for each model year, submit one set of documents
covering the standardized items for all of its engines.
(1.1) For the required documentation not standardized across all en-
gines, the manufacturer may propose to the Executive Officer that it be
allowed to submit documentation for certification from one engine that
is representative of other engines. The Executive Officer shall approve
the engine as representative if the engine possesses the most stringent
emission standards and OBD monitoring requirements and covers all of
the emission control devices for the engines covered by the submitted
documentation. Upon approval, this grouping shall be known as an
"OBD certification documentation group".
(1.2) With Executive Officer approval, one or more of the documenta-
tion requirements of section (j) may be waived or modified if the in-
formation required would be redundant or unnecessarily burdensome to
generate.
(1 .3) To the extent possible, the certification documentation shall use
SAE J 1930 or J2403 terms, abbreviations, and acronyms.
(2) The following information shall be submitted as part of the certifi-
cation application. Except as provided below for demonstration data, the
Executive Officer will not issue an Executive Order certifying the cov-
ered engines without the information having been provided. The in-
formation must include:
(2. 1 ) A description of the functional operation of the OBD system in-
cluding a complete written description for each monitoring strategy that
outlines every step in the decision-making process of the monitor. Algo-
rithms, diagrams, samples of data, and/or other graphical representations
of the monitoring strategy shall be included where necessary to adequate-
ly describe the information.
(2.2) A table, in the standardized format detailed in Attachment A of
ARB Mail-Out #95-20, May 22, 1995, incorporated by reference.
(2.2.1) The table must include the following information for each
monitored component or system (either computer-sensed or -con-
trolled) of the emission control system:
(A) Corresponding fault code
(B) Monitoring method or procedure for malfunction detection
(C) Primary malfunction detection parameter and its type of output
signal
(D) Fault criteria limits used to evaluate output signal of primary pa-
rameter
(E) Other monitored secondary parameters and conditions (in engi-
neering units) necessary for malfunction detection
(F) Monitoring time length and frequency of checks
(G) Criteria for storing fault code
(H) Criteria for illuminating malfunction indicator light
(1) Criteria used for determining out-of-range values and input com-
ponent rationality checks
(2.2.2) Wherever possible, the table shall use the following engineer-
ing units:
(A) Degrees Celsius (°C) for all temperature criteria
(B) KiloPascals (KPa) for all pressure criteria related to manifold or
atmospheric pressure
(C) Grams (g) for all intake air mass criteria
(D) Pascals (Pa) for all pressure criteria related to evaporative system
vapor pressure
(E) Miles per hour (mph) for all vehicle speed criteria
(F) Relative percent (%) for all relative throttle position criteria (as de-
fined in SAE J 1979/J 1939)
(G) Voltage (V) for all absolute throttle position criteria (as defined in
SAE J 1979/J 1939)
(H) Per crankshaft revolution (/rev) for all changes per ignition event
based criteria (e.g., g/rev instead of g/stroke or g/firing)
(I) Per second (/sec) for all changes per time based criteria (e.g., g/sec)
(J) Percent of nominal tank volume (%) for all fuel tank level criteria
(2.3) A logic flowchart describing the step-by-step evaluation of the
enable criteria and malfunction criteria for each monitored emission-re-
lated component or system.
(2.4) Emission test data, a description of the testing sequence (e.g., the
number and types of preconditioning cycles), approximate time (in se-
conds) of MIL illumination during the test, fault code(s) and freeze frame
information stored at the time of detection, corresponding test results
(e.g. SAE J 1979 Mode/Service $06, SAE J 1939 Diagnostic Message 8
(DM8)) stored during the test, and a description of the modified or deteri-
orated components used for fault simulation with respect to the demon-
stration tests specified in section (i). The freeze frame data are not re-
quired for engines subject to sections (d)(7.1.2) or (d)(7.2.3). The
Executive Officer may approve conditional certification of an engine
prior to the submittal of this data for ARB review and approval. Factors
to be considered by the Executive Officer in approving the late submis-
•
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•
sion of information identified in section (j)(2.4) shall include the reason
for the delay in the data collection, the length of time until data will be
available, and the demonstrated previous success of the manufacturer in
submitting the data prior to certification.
(2.5) For gasoline engines, data supporting the misfire monitor, in-
cluding:
(2.5.1) The established percentage of misfire that can be tolerated
without damaging the catalyst over the full range of engine speed and
load conditions.
(2.5.2) Data demonstrating the probability of detection of misfire
events of the misfire monitoring system over the full engine speed and
load operating range for the following misfire patterns: random cylinders
misfiring at the malfunction criteria established in section (0(2.2.2), one
cylinder continuously misfiring, and paired cylinders continuously mis-
firing.
(2.5.3) Data identifying all disablement of misfire monitoring that oc-
curs during the FTP. For every disablement that occurs during the cycles,
the data should identify: when the disablement occurred relative to the
driver's trace, the number of engine revolutions that each disablement
was present for, and which disable condition documented in the certifica-
tion application caused the disablement.
(2.5.4) Manufacturers are not required to use the durability demonstra-
tion engine to collect the misfire data for sections (j)(2.5.1) through
(2.5.3).
(2.6) Data supporting the limit for the time between engine starting and
attaining the designated heating temperature for after-start heated cata-
lyst systems.
(2.7) Data supporting the criteria used to detect a malfunction of the
fuel system, EGR system, boost pressure control system, catalyst, NOx
adsorber, PM filter, cold start emission reduction strategy, secondary air,
evaporative system, VVT system, exhaust gas sensors, and other emis-
sion controls which causes emissions to exceed the applicable malfunc-
tion criteria specified in sections (e), (f), and (g). For diesel engine moni-
tors in sections (e) and (g) that are required to indicate a malfunction
before emissions exceed an emission threshold based on any applicable
standard (e.g., 1.5 times any of the applicable standards), the test cycle
and standard determined by the manufacturer to be the most stringent for
each applicable monitor in accordance with section (d)(6.1).
(2.8) A listing of all electronic powertrain input and output signals (in-
cluding those not monitored by the OBD system) that identifies which
signals are monitored by the OBD system. For input and output signals
that are monitored as comprehensive components, the listing shall also
identify the specific fault code for each malfunction criteria (e.g., out of
range low, out of range high, open circuit, rationality low, rationality
high).
(2.9) A written description of all parameters and conditions necessary
to begin closed-loop/feedback control of emission control systems (e.g.,
fuel system, boost pressure, EGR flow, SCR reductant delivery, PM filter
regeneration, fuel system pressure).
(2.10) A written identification of the communication protocol utilized
by each engine for communication with an SAE J1978/J1939 scan tool.
(2.1 1) A pictorial representation or written description of the diagnos-
tic connector location including any covers or labels.
(2.12) A written description of the method used by the manufacturer
to meet the requirements of section (g)(2) for CV system monitoring in-
cluding diagrams or pictures of valve and/or hose connections.
(2.13) A written description of each AECD utilized by the manufactur-
er including the sensor signals and/or calculated values used to invoke
each AECD, the engineering data and/or analysis demonstrating the need
for such an AECD, the actions taken when each AECD is activated, the
expected in-use frequency of operation of each AECD, and the expected
emission impact from each AECD activation.
(2.14) A written description of each NOx and PM NTE deficiency and
emission carve-out utilized by the manufacturer including the sensor sig-
nals and/or calculated values used to invoke each NTE deficiency or
carve-out, the engineering data and/or analysis demonstrating the need
for such an NTE deficiency or carve-out, the actions taken when each
NTE deficiency or carve-out is activated, the expected in-use frequency
of operation of each NTE deficiency or carve-out, and the expected
emission impact from each NTE deficiency or carve-out activation.
(2.15) Build specifications provided to engine purchasers or chassis
manufacturers detailing all specifications or limitations imposed on the
engine purchaser relevant to OBD requirements or emission compliance
(e.g., allowable MIL locations, connector location specifications, cool-
ing system heat rejection rates). A description of the method or copies of
agreements used to ensure engine purchasers or chassis manufacturers
will comply with the OBD and emission relevant build specifications
(e.g., signed agreements, required audit/evaluation procedures).
(2. 16) Any other information determined by the Executive Officer to
be necessary to demonstrate compliance with the requirements of this
regulation.
(k) Deficiencies
(1) The Executive Officer, upon receipt of an application from the
manufacturer, may certify OBD systems installed on engines even
though the systems do not comply with one or more of the requirements
of title 13, CCR section 1971.1. In granting the certification, the Execu-
tive Officer shall consider the following factors: the extent to which the
requirements of section 1971.1 are satisfied overall based on a review of
the engine applications in question, the relative performance of the resul-
tant OBD system compared to systems fully compliant with the require-
ments of section 1971 . 1 , and a demonstrated good-faith effort on the part
of the manufacturer to: (I) meet the requirements in full by evaluating
and considering the best available monitoring technology; and (2) come
into compliance as expeditiously as possible.
(2) For 2013 and subsequent model year engines, manufacturers of
OBD systems for which deficiencies have been granted are subject to
fines pursuant to section 4301 6 of the California Health and Safety Code.
The specified fines apply to: (1) the third and subsequently identified de-
ficiency(ies), ordered according to section (k)(3), and (2) a monitoring
system deficiency where a required monitoring strategy is completely
absent from the OBD system.
(3) The fines for engines specified in section (k)(2) above are in the
amount of $50 per deficiency per engine for non-compliance with any
of the monitoring requirements specified in sections (e), (f), and (g)(4),
and $25 per deficiency per engine for non-compliance with any other re-
quirement of section 1971 ,1. In determining the identified order of defi-
ciencies, deficiencies subject to a $50 fine are identified first. Total fines
per engine under section (k) may not exceed $500 per engine and are pay-
able to the State Treasurer for deposit in the Air Pollution Control Fund.
(4) Manufacturers must re-apply for Executive Officer approval of a
deficiency each model year. In considering the request to carry-over a
deficiency, the Executive Officer shall consider the factors identified in
section (k)(l) including the manufacturer's progress towards correcting
the deficiency. The Executive Officer may not allow manufacturers to
carry over monitoring system deficiencies for more than two model years
unless it can be demonstrated that substantia] engine hardware modifica-
tions and additional lead time beyond two years would be necessary to
correct the deficiency, in which case the Executive Officer shall allow the
deficiency to be carried over for three model years.
(5) Except as allowed in section (k)(6), deficiencies may not be retro-
actively granted after certification.
(6) Request for retroactive deficiencies
(6.1) During the first 6 months after commencement of normal pro-
duction, manufacturers may request that the Executive Officer grant a de-
ficiency and amend an engine's certification to conform to the granting
of the deficiencies for each aspect of the monitoring system: (a) identified
by the manufacturer (during testing required by section (/)(2) or any other
testing) to be functioning different than the certified system or otherwise
not meeting the requirements of any aspect of section 1971.1; and (b) re-
ported to the Executive Officer. If the Executive Officer grants the defi-
ciencies and amended certification, their approval would be retroactive
to the start of production.
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(6.2) Executive Officer approval of the request for a retroactive defi-
ciency shall be granted provided that the conditions necessary for a pre-
certification deficiency determination are satisfied (see section (k)(l))
and the manufacturer could not have reasonably anticipated the identi-
fied problem before commencement of production.
(6.3) In granting the amended certification, the Executive Officer shall
include any approved post-production deficiencies together with all pre-
viously approved deficiencies in computing fines in accordance with sec-
tion (k)(2).
(/) Production Engine/Vehicle Evaluation Testing
(1) Verification of Standardized Requirements.
(1.1) Requirement: Manufacturers shall perform testing to verify that
2013 and subsequent model year production vehicles meet the require-
ments of section (h)(3) and (h)(4) relevant to proper communication of
required emission-related messages to an SAE JI978/J1939 scan tool.
(1.2) Selection of Test Vehicles:
(1.2.1) Engine manufacturers shall perform this testing every model
year on ten unique production vehicles (i.e., engine rating and chassis ap-
plication combination) per engine family. If there are less than ten unique
production vehicles for a certain engine family, the manufacturer shall
test each unique production vehicle in that engine family. Manufacturers
shall perform this testing within either three months of the start of engine
production or one month of the start of vehicle production, whichever is
later. Manufacturers may request Executive Officer approval to group
multiple production vehicles together and test one representative vehicle
per group. The Executive Officer shall approve the request upon finding
that the software and hardware designed to comply with the standardiza-
tion requirements of section (h) (e.g., communication protocol message
timing, number of supported data stream parameters, engine and vehicle
communication network architecture) in the representative vehicle are
identical to all others in the group and that any differences in the produc-
tion vehicles are not relevant with respect to meeting the criteria in sec-
tion (/)( 1.4).
(1.2.2) For 2016 and subsequent model year engines, the Executive
Officer shall reduce the maximum required number of vehicles to be
tested from ten per engine family to five per engine family for a manufac-
turer based on the demonstrated previous success of the manufacturer to
meet the requirements of section (0(1). For purposes of this requirement,
a manufacturer shall be determined to be successful in meeting the re-
quirements of section (/)(1) if zero vehicles fail the testing required by
section (/)(!) for two consecutive years.
(1.2.3) For 2019 and subsequent model year engines, the Executive
Officer shall further reduce the maximum required number of vehicles
to be tested to three per engine family for a manufacturer based on the
demonstrated previous success of the manufacturer to meet the require-
ments of section (/)(!). For purposes of this requirement, a manufacturer
shall be determined to be successful in meeting the requirements of sec-
tion (/)(!) if zero vehicles fail the testing required by section (0(1) for
three consecutive years.
(1.2.4) The Executive Officer may waive the requirement for submit-
tal of data from one or more of the production vehicles if data have been
previously submitted for all of the production vehicles. Manufacturers
may request Executive Officer approval to carry over data collected in
previous model years. The Executive Officer shall approve the request
upon finding that the software and hardware designed to comply with the
standardization requirements of section (h) are identical to the previous
model year and no other hardware or software changes that affect com-
pliance with the standardization requirements have been made.
(1.3) Test Equipment: For the testing required in section (0(1),
manufacturers shall utilize an off-board device to conduct the testing.
Prior to conducting testing, manufacturers are required to request and re-
ceive Executive Officer approval of the off-board device that the
manufacturer will use to perform the testing. The Executive Officer shall
approve the request upon determining that the manufacturer has sub-
mitted data, specifications, and/or engineering analysis that demonstrate
that the off-board device is able to verify that vehicles tested are able to
perform all of the required functions in section (0(1-4) with any other
off-board device designed and built in accordance with the SAE
J1978/J 1939 generic scan tool specifications.
(1.4) Required Testing:
( 1 .4. 1) The testing shall verify that communication can be properly es-
tablished between all emission-related on-board computers and any
SAE J 1 978/J 1 939 scan tool designed to adhere strictly to the commu-
nication protocols allowed in section (h)(3);
(1.4.2) The testing shall verify that all emission-related information
is properly communicated between all emission-related on-board com-
puters and any SAE J 1 978/J 1939 scan tool in accordance with the re-
quirements of section (h) and the applicable ISO and SAE specifications
including specifications for physical layer, network layer, message struc-
ture, and message content.
(1 .4.3) The testing shall further verify that the following information
can be properly communicated to any SAE J 1 978/J 1939 scan tool:
(A) The current readiness status from all on-board computers required
to support readiness status in accordance with SAE J1979/J J 939—73 and
section (h)(4.1) in the key on, engine off position and while the engine
is running;
(B) The MIL command status while the MIL is commanded off and
while the MIL is commanded on in accordance with SAE J1979/J1939
and section (h)(4.2) in the key on, engine off position and while the en-
gine is running, and in accordance with SAE J1979/J1939 and sections
(d)(2.1 .2) during the MIL functional check and, if applicable, (h)(4.1.3)
during the MIL readiness status check while the engine is off;
(C) All data stream parameters required in section (h)(4.2) in accor-
dance with SAE J1979/J1939 including, if applicable, the proper identifi-
cation of each data stream parameter as supported in SAE J 1979 (e.g.,
Mode/Service $01, PID $00);
(D) The CAL ID, CVN, and VIN in accordance with SAE
J1979/J1939 and sections (h)(4.6) through (4.8);
(E) An emission-related fault code (permanent, confirmed, pending,
MIL-on, and previously MIL-on) in accordance with SAE
J1979/J 1939-73 (including correctly indicating the number of stored
fault codes (e.g., Mode/Service $01, PID $01, Data A for SAE J1979))
and section (h)(4.4);
(1 .4.4) The testing shall also verify that the on-board computer(s) can
properly respond to any SAE J1978/J1939 scan tool request to clear
emission-related fault codes and reset readiness status in accordance
with section (h)(4.9).
(1.5) Reporting of Results:
(1.5.1) The manufacturer shall submittothe Executive Officer the fol-
lowing, based on the results of testing:
(A) If a variant meets all the requirements of section (0(1.4), a state-
ment specifying that the variant passed all the tests, or
(B) If any variant does not meet the requirements of section (0(1 .4),
a written report to the Executive Officer for approval within one month
of testing the specific variant. The written report shall include the prob-
lem^) identified and the manufacturer's proposed corrective action (if
any) to remedy the problem(s). Factors to be considered by the Executive
Officer in approving the proposed corrective action shall include the se-
verity of the problem(s), the ability of the vehicle to be tested in a Califor-
nia inspection program (e.g., roadside inspection, fleet self-inspection
program), the ability of service technicians to access the required diag-
nostic information, the impact on equipment and tool manufacturers, and
the amount of time prior to implementation of the proposed corrective ac-
tion.
(1.5.2) Upon request of the Executive Officer, a manufacturer shall
submit a report of the results of any testing conducted pursuant to section
(/)(1) to the Executive Officer for review.
(1.5.3) In accordance with section (k)(6), manufacturers may request
Executive Officer approval for a retroactive deficiency to be granted for
items identified during this testing.
(1.6) Alternative Testing Protocols. Manufacturers may request
Executive Officer approval to use other testing protocols. The Executive
Page236.20(z)(52)
Register 2006, No. 7; 2-17-2006
Title 13
Air Resources Board
§ 1971.1
Officer shall approve the protocol if the manufacturer can demonstrate
that the alternate testing methods and equipment provide an equivalent
level of verification of compliance with the standardized requirements to
the requirements of section (/)(1).
(2) Verification of Monitoring Requirements.
(2.1) Within either the first six months of the start of engine production
or the first three months of the start of vehicle production, whichever is
later, manufacturers shall conduct a complete evaluation of the OBD sys-
tem of one or more production vehicles (test vehicles) and submit the re-
sults of the evaluation to the Executive Officer.
(2.2) Selection of test vehicles:
(2.2.1) For each engine selected for monitoring system demonstration
in section (j), the manufacturer shall evaluate one production vehicle
equipped with an engine from the same engine family and rating as the
demonstration engine. The Executive Officer shall select the specific
production vehicle(s) to be tested.
(2.2.2) A manufacturer required to test more than one test vehicle may
test an engine in lieu of a vehicle for all but one of the required test ve-
hicles.
(2.2.3) The Executive Officer may waive the requirements for submit-
tal of evaluation results from one or more of the test vehicles if data have
been previously submitted for all of the engine ratings and variants.
(2.3) Evaluation requirements:
(2.3.1) The evaluation shall demonstrate the ability of the OBD system
on the selected production vehicle to detect a malfunction, illuminate the
MIL, and, where applicable, store an appropriate fault code readable by
a scan tool conforming to SAE J1978/J1939 when a malfunction is pres-
ent and the monitoring conditions have been satisfied for each individual
diagnostic required by title 13, CCR section 1971.1.
(2.3.2) The evaluation shall verify that malfunctions detected by non-
MIL illuminating diagnostics of components used to enable any other
OBD system diagnostic (e.g., fuel level sensor) will not inhibit the ability
of other OBD system diagnostics to properly detect malfunctions.
(2.3.3) The evaluation shall verify that the software used to track the
numerator and denominator for purposes of determining in-use monitor-
ing frequency correctly increments as required in section (d)(4).
(2.3.4) Malfunctions may be mechanically implanted or electronically
simulated but internal on-board computer hardware or software changes
may not be used to simulate malfunctions. For monitors that are required
to indicate a malfunction before emissions exceed an emission threshold
based on any applicable standard (e.g., 2.0 times any of the applicable
standards), manufacturers are not required to use malfunctioning compo-
nents/systems set exactly at their malfunction criteria limits. Emission
testing to confirm that the malfunction is detected before the appropriate
emission standards are exceeded is not required.
(2.3.5) Manufacturers shall submit a proposed test plan for Executive
Officer approval prior to evaluation testing being performed. The test
plan shall identify the method used to induce a malfunction for each diag-
nostic. If the Executive Officer determines that the requirements of sec-
tion (/)(2) are satisfied, the proposed test plan shall be approved.
(2.3.6) Subject to Executive Officer approval, manufacturers may
omit demonstration of specific diagnostics. The Executive Officer shall
approve a manufacturer's request if the demonstration cannot be reason-
ably performed without causing physical damage to the vehicle (e.g.. on-
board computer internal circuit faults).
(2.3.7) For evaluation of test vehicles selected in accordance with sec-
tion (/)(2.2), manufacturers are not required to demonstrate diagnostics
that were previously demonstrated prior to certification as required in
section (i).
(2.4) Manufacturers shall submit a report of the results of all testing
conducted pursuant to section (0(2) to the Executive Officer for review.
This report shall identify the method used to induce a malfunction in each
diagnostic, the MIL illumination status, and the fault code(s) stored.
(2.5) In accordance with section (k)(6), manufacturers may request
Executive Officer approval for a retroactive deficiency to be granted for
items identified during this testing.
(3) Verification and Reporting of In-use Monitoring Performance.
(3.1 ) Manufacturers are required to collect and report in-use monitor-
ing performance data representative of production vehicles (i.e., engine
rating and chassis application combination). Manufacturers shall collect
and report the data to the ARB within twelve months after the production
vehicles were first introduced into commerce.
(3.2) Manufacturers shall separate production vehicles into monitor-
ing performance groups, as defined by sections (0(3.2.1) and (3.2.2) be-
low, and submit data representative of each group:
(3.2. 1) Emission architecture. Engines shall be separated by emission
architecture. All engines that use the same or similar emission control ar-
chitecture and monitoring system shall be in the same emission architec-
ture category.
(3.2.2) Monitoring performance group. Within an emission architec-
ture category, engines shall be separated by vehicle application. The sep-
arate monitoring performance groups shall be based on three classifica-
tions: engines intended primarily for line-haul chassis applications,
engines intended primarily for urban delivery chassis applications, and
all other engines.
(3.3) Manufacturers may request Executive Officer approval to use an
alternate grouping method to collect representative data. Executive Offi-
cer approval shall be granted upon determining that the proposed group-
ings include production vehicles using similar emission controls, OBD
strategies, monitoring condition calibrations, and vehicle application
driving/usage patterns such that they are expected to have similar in-use
monitoring performance. If approved by the Executive Officer, the
manufacturer may submit one set of data for each of the approved group-
ings.
(3.4) For each group, the data must include all of the in-use perfor-
mance tracking data reported through SAE J1979/J1939 (i.e., all numera-
tors, denominators, the general denominator, and the ignition cycle
counter), the date the data were collected, the odometer reading, the VIN,
and the ECM software calibration identification number.
(3.5) Manufacturers shall submit a plan to the Executive Officer for
review and approval that details the types of production vehicles in each
group, the number of vehicles per group to be sampled, the sampling
method, the time line to collect the data, and the reporting format. The
Executive Officer shall approve the plan upon determining that it pro-
vides for effective collection of data from a sample of vehicles that, at a
minimum, is fifteen vehicles per group, will likely result in the collection
and submittal of data within the required time frame, will generate data
that are representative of California drivers and temperatures, and does
not, by design, exclude or include specific vehicles in an attempt to col-
lect data only from vehicles with the highest in-use performance ratios.
(3.6) Upon request of the manufacturer, the Executive Officer may for
good cause extend the twelve month time requirement set forth in section
(0(3.1) up to a maximum of eighteen months. In granting additional time,
the Executive Officer shall consider, among other things, information
submitted by the manufacturer to justify the delay, sales volume of the
group(s), and the sampling mechanism utilized by the manufacturer to
procure vehicles for data collection. If an extension beyond twelve
months is granted, the manufacturer shall additionally be required to sub-
mit an interim report within twelve months for data collected up to the
time of the interim report.
(m) Intermediate In-Use Compliance Standards
(1) For 2010 through 2012 model year engines:
(1.1) For monitors that are required to indicate a malfunction before
emissions exceed a certain emission threshold (e.g., 2.5 times any of the
applicable standards):
(1.1 .1) On the OBD parent rating (i.e., the engine rating subject to the
"full OBD" requirement under section (d)(7.1.J)), the Executive Officer
may not consider an OBD system noncompliant unless a representative
sample indicates emissions exceed 2.0 times the malfunction criteria
(e.g., 5.0 times the standard if the malfunction criterion is 2.5 times the
standard) without MIL illumination on either of the applicable standards
(i.e., FTP or SET).
Page236.20(z)(53)
Register 2007, No. 49; 12-7-2007
§1975
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(1.1 .2) On the OBD child ratings (i.e., the engine ratings subject to the
"extrapolated OBD" requirement under section (d)(7.1.2)), the Execu-
tive Officer may not consider an OBD system noncompliant based on
emission levels.
(1.2) The Executive Officer shall use only the test cycle and standard
determined and identified by the manufacturer at the time of certification
in accordance with section (d)(6.1) as the most stringent for purposes of
determining OBD system noncompliance in section (m)(l.l.l).
(2) For 2013 through 2015 model year engines:
(2.1) For monitors that are required to indicate a malfunction before
emissions exceed a certain emission threshold (e.g., 2.0 times any of the
applicable standards):
(2.1.1) On all OBD parent ratings and OBD child ratings subject to
section (d)(7.2.2), the Executive Officer may not consider an OBD sys-
tem noncompliant unless a representative sample indicates emissions ex-
ceed 2.0 times the malfunction criteria (e.g., 4.0 times the standard if the
malfunction criterion is 2.0 times the standard) without MIL illumination
on either of the applicable standards (i.e., FTP or SET).
(2. 1 .2) On all other engine ratings, the Executive Officer may not con-
sider an OBD system noncompliant based on emission levels.
(2.2) The Executive Officer shall use only the test cycle and standard
determined and identified by the manufacturer at the time of certification
in accordance with section (d)(6.1) as the most stringent for purposes of
determining OBD system noncompliance in section (m)(2.1.1).
(2.3) For monitors subject to meeting the minimum in-use monitor
performance ratio of 0.100 in section (d)(3.2.2), the Executive Officer
may not consider an OBD system noncompliant unless a representative
sample indicates the in-use ratio is below 0.050.
(3) For 2016 through 2019 model year engines:
(3.1) For monitors of the PM filter subject to the malfunction criteria
of section (e)(8.2.1)(B), the Executive Officer may not consider the PM
filter monitor noncompliant with the malfunction threshold of section
(e)(8.2.1)(B) unless a representative sample indicates emissions exceed
2.0 times the malfunction criteria (e.g., PM emission level of 0.06 g/bhp-
hr if the malfunction criterion is 0.03 g/bhp-hr) without MIL illumina-
tion on either of the applicable standards (i.e., FTP or SET).
(3.2) For all engine ratings subject to section (d)(7.2.3) for extrapo-
lated OBD in 201 3 through 2015, the Executive Officer may not consider
an OBD system noncompliant unless a representative sample indicates
emissions exceed 2.0 times the malfunction criteria (e.g., 4.0 times the
standard if the malfunction criterion is 2.0 times the standard) without
MIL illumination on either of the applicable standards (i.e.. FTP or SET),
(4) For 2010 and subsequent model year engines, the Executive Offi-
cer may not consider an OBD system noncompliant solely due to a failure
or deterioration mode of a monitored component or system that could not
have been reasonably foreseen to occur by the manufacturer.
Vehicle Type
Passenger cars
Light-duty trucks
Medium-duty vehicles
Heavy-duty vehicles
Passenger cars
Light-duty trucks
Medium-duty vehicles
Heavy-duty vehicles
Model Year
1978 and 1979
1980-19942
1 Unless otherwise noted, all section references refer to section 1971.1 of title
13, CCR.
NOTE: Authority cited: Sections 39600, 39601, 43000.5, 43013, 43018, 43100,
43101, 43104. 43105, 43105.5 and 43106, Health and Safety Code. Reference:
Sections 39002, 39003, 39010-39060, 39515, 39600-39601. 43000, 43000.5,
43004, 43006, 43013, 43016. 43018, 43100, 43101, 43102, 43104, 43105,
43 1 05.5, 43 1 06, 43 1 50-43 1 56, 43204. 432 1 1 and 432 1 2, Health and Safety Code.
History
1. New section filed 2-15-2006; operative 3-17-2006 (Register 2006, No. 7).
§ 1975. Standards and Test Procedures for Crankcase
Emissions.
Standards for crankcase emissions are those set forth in 40 Code of
Federal Regulations, Part 85, Subparts A, C, and H, as it existed on June
20, 1973. These standards are enforced in California pursuant to Section
43008 of the Health and Safety Code.
NOTE: Authority cited: Sections 39600 and 39601, Health and Safety Code. Ref-
erence: Sections 39002, 39003, 43000, 43008, 43013, 43600 and 43651, Health
and Safety Code.
§ 1976. Standards and Test Procedures for Motor Vehicle
Fuel Evaporative Emissions.
(a) Fuel evaporative emissions from 1970 through 1977 model passen-
ger cars and light-duty trucks are set forth in Title 40, Code of Federal
Regulations, Part 86, Subparts A and C, as it existed on June 20, 1973.
These standards are enforced in California pursuant to section 43008 of
the Health and Safety Code.
(b)(1) Evaporative emissions for 1978 and subsequent model gasoli-
ne-fueled, 1983 and subsequent model liquified petroleum gas-fueled,
and 1993 and subsequent model alcohol-fueled motor vehicles and hy-
brid electric vehicles subject to exhaust emission standards under this ar-
ticle, except petroleum-fueled diesel vehicles, compressed natural gas-
fueled vehicles, hybrid electric vehicles that have sealed fuel systems
which can be demonstrated to have no evaporative emissions, and motor-
cycles, shall not exceed the following standards.
(A) For vehicles identified below, tested in accordance with the test
procedure based on the Sealed Housing for Evaporative Determination
as set forth in Title 40, Code of Federal Regulations, sections 86. 1 30-78
through 86. 1 43-90 as they existed July 1 , 1 989, the evaporative emission
standards are:
Hydrocarbons *
Diurnal + Hot Soak (grams/test)
50K miles
6.0
6.0
6.0
6.0
2.0
2.0
2.0
2.0
1 Organic Material Hydrocarbon Equivalent, for alcohol-fueled vehicles.
2 Other than hybrid electric vehicles.
(B) For the vehicles identified below, tested in accordance with the test
procedure which includes the running loss test, the hot soak test, and the
72 hour diurnal test, the evaporative emission standards are:
[The next page is 236.21.]
Page236.20(z)(54)
Register 2007, No. 49; 12-7-2007
Title 13
Air Resources Board
§1976
Vehicle Type
Passenger cars
Light-duty trucks
Medium-duty vehicles
(6,001-8,500 lbs. GVWR)
with fuel tanks < 30 gallons
with fuel tanks > 30 gallons
(8.501-14,000 lbs. GVWR)4
Heavy-duty vehicles
(over 14,000 lbs. GVWR)
Hybrid electric passenger cars
Hybrid electric light-duty trucks
Hybrid electric medium-duty vehicles
Model Year
1995 through 20053
Hydrocarbons ]
Three-Day Diurnal + Running Loss
Hot Soak (grams/test) (grains/mile)
Useful Life2 Useful Life2
1993 through 20055
2.0
2.0
2.0
2.5
3.0
2.0
2.0
2.0
2.0
0.05
0.05
0.05
0.05
0.05
0.05
0.05
0.05
0.05
1 Organic Material Hydrocarbon Equivalent, for alcohol-fueled vehicles.
2 For purposes of this paragraph, "useful life" shall have the same meaning as provided in section 2112, Title 1 3, California Code of Regulations. Approval of vehicles
which are not exhaust emission tested using a chassis dynamometer pursuant to section 1960.1 or 1961, Title 13, California Code of Regulations shall be based on an
engineering evaluation of the system and data submitted by the applicant.
3 The running loss and useful life three-day diurnal plus hot soak evaporative emission standards (hereinafter "running loss and useful life standards") shall be phased
in beginning with the 1 995 model year. Each manufacturer, except ultra-small volume and small volume manufacturers, shall certify the specified percent (a) of passen-
ger cars and (b) of light-duty trucks, medium-duty vehicles and heavy-duty vehicles to the running loss and useful life standards according to the following schedule:
Model
Year
1995
1996
1997
Minimum Percentage of Vehicles
Certified to Running Loss and
Useful Life Standards*
10 percent
30 percent
50 percent
*The minimum percentage of motor vehicles of each vehicle type required to be certified to the running loss and useful life standards shall be based on the manufactur-
er's projected California model-year sales (a) of passenger cars and (b) of light-duty trucks, medium-duty vehicles and heavy-duty vehicles. Optionally, the percentage
of motor vehicles can also be based on the manufacturer's projected California model-year sales (a) of passenger cars and light-duty trucks and (b) of medium-duty
vehicles and heavy-duty vehicles.
Beginning with the 1 998 model year, all motor vehicles subject to the running loss and useful life standards, except those produced by ultra-small volume manufactur-
ers, shall be certified to the specified standards. In the 1999 through 2005 model years, all motor vehicles subject to the running loss and useful life standards, including
those produced by ultra-small volume manufacturers, shall be certified to the specified standards.
All 1995 through 1998 model-year motor vehicles which are not subject to running loss and useful life standards pursuant to the phase-in schedule shall comply
with the 50,000-mile standards in effect for 1980 through 1994 model-year vehicles.
4 For the 1 995 model year only, the evaporative emission standards for complete vehicles in this weight range shall be 2.0 grams/test and compliance with the evapora-
tive emission standards shall be based on the SHED conducted in accordance with the procedures set forth in Title 40, Code of Federal Regulations, sections 86. 130-78
through 86. 143-90 as they existed July 1 , 1 989. For the 1995 through 2005 model years, the evaporative emission standards for incomplete vehicles in this weight range
shall be 2.0 grams/test and compliance with the evaporative emission standards shall be based on the test procedures specified in paragraph 4.g. of the "California Evapo-
rative Emission Standards and Test Procedures for 1978 and Subsequent Model Motor Vehicles."
5 The running loss and useful life standards for all hybrid electric vehicles shall be effective beginning in the 1993 model year.
(C) For vehicles identified below, tested in accordance with the test
procedure which includes the hot soak test and the 48 hour diurnal test,
the evaporative emission standards are:
Vehicle Type
Passenger cars
Light-duty trucks
Medium-duty vehicles
(6.001 - 8,500 lbs. GVWR)
with fuel tanks < 30 gallons
with fuel tanks > 30 gallons
(8,501 -14,000 lbs. GVWR)
Heavy-duty vehicles
(over 14,000 lbs. GVWR)
Hybrid electric passenger cars
Hybrid electric light-duty trucks
Hybrid electric medium^duty vehicles
Model Year
1996 through
20053
Hydrocarbons }
Two-Day Diurnal + Hot Soak
(grams/test)
Useful Life2
2.5
2.5
2.5
3.0
3.5
4.5
1996 through
20053
2.5
2.5
2.5
1 Organic Material Hydrocarbon Equivalent for alcohol-fueled vehicles.
2 For purposes of this paragraph, "useful life" shall have the same meaning as provided in section 2112, Title 13, California Code of Regulations. Approval of vehicles
which are not exhaust emission tested using a chassis dynamometer pursuant to section 1960.1 or 1961, Title 13, California Code of Regulations shall be based on an
engineering evaluation of the system and data submitted by the applicant.
Page 236.21
Register 2007, No. 49; 12-7-2007
§1976
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
3 The two-day diurnal plus hot soak evaporative emission standards (hereinafter ''supplemental standards") shall be phased-in beginning with the 1 996 model year.
Those vehicles certified under the running loss and useful life standards for the 1996 through 2005 model years must also be certified under the supplemental standards.
(D) Zero-emission vehicles shall produce zero fuel evaporative emis-
sions under any and all possible operational modes and conditions.
(E) The optional zero-fuel evaporative emission standards for the
three-day and two-day diurnal-plus-hot-soak tests are 0.35 grams per
test for passenger cars, 0.50 grams per test for light-duty trucks 6,000 lbs.
GVWR and under, and 0.75 grams per test for light-duty trucks from
6,001 to 8.500 lbs. GVWR. to account for vehicle non-fuel evaporative
emissions (resulting from paints, upholstery, tires, and other vehicle
sources). Vehicles demonstrating compliance with these evaporative
emission standards shall also have zero (0.0) grams of fuel evaporative
emissions per test for the three-day and two-day diurnal-plus-hot-soak
tests. The "useful life" shall be 15 years or 1 50,000 miles, whichever oc-
curs first. In lieu of demonstrating compliance with the zero (0.0) grams
of fuel evaporative emissions per test over the three-day and two-day
diurnal-plus-hot-soak tests, the manufacturer may submit for advance
Executive Officer approval a test plan to demonstrate that the vehicle has
zero (0.0) grams of fuel evaporative emissions throughout its useful life.
Additionally, in the case of a SULEV vehicle for which a manufacturer
is seeking a partial ZEV credit, the manufacturer may prior to certifica-
tion elect to have measured fuel evaporative emissions reduced by a spe-
cified value in all certification and in-use testing of the vehicle as long
as measured mass exhaust emissions of NMOG for the vehicle are in-
creased in all certification and in-use testing. The measured fuel evapo-
rative emissions shall be reduced in increments of 0.1 gram per test, and
the measured mass exhaust emissions of NMOG from the vehicle shall
be increased by a gram per mile factor, to be determined by the Executive
Officer, for every 0. 1 gram per test by which the measured fuel evapora-
tive emissions are reduced. For the purpose of this calculation, the evapo-
rative emissions shall be measured, in grams per test, to a minimum of
three significant figures.
(F) For the 2004 and subsequent model motor vehicles identified be-
low, tested in accordance with the test procedures described in Title 40,
Code of Federal Regulations, sections 86.130-78 through 86.143-90 as
they existed July 1, 1989 and as modified by the "California Evaporative
Emission Standards and Test Procedures for 2001 and Subsequent Model
Motor Vehicles" incorporated by reference in section 1976(c), the evap-
orative emission standards are:
Vehicle Type Hydrocarbon1 Standards2 ■' 4
Running Loss Three Day Diurnal Two-Day Diurnal
(grams per + Hot Soak + Hot Soak
mile) (grams per test) (grams per test)
Passenger cars 0.05 0.50 0.65
Light-duty trucks (under 8,501 lbs. GVWR)
6.000 lbs. GVWR 0.05 0.65
and under
6.001 - 8,500 0.05 0.90
lbs. GVWR
Medium-duty vehicles 0.05
(8,501 - 14,000 lbs.
GVWR)
Heavy-duty vehicles 0.05
(over 14,000 lbs.
GVWR)
1.00
1.00
0.85
1.15
1.25
1.25
1 Organic Material Hydrocarbon Equivalent for alcohol-fueled vehicles.
2 For all vehicles certified to these standards, the "useful life" shall be 15 years
or 150,000 miles, whichever first occurs. Approval of vehicles which are not ex-
haust emission tested using a chassis dynamometer pursuant to section 1960. 1 or
1961, title 13, California Code of Regulations shall be based on an engineering
evaluation of the system and data submitted by the applicant.
3(a) These evaporative emission standards shall be phased-in beginning with
the 2004 model year. Each manufacturer, except small volume manufacturers,
shall certify at a minimum the specified percentage of its vehicle fleet to the evapo-
rative emission standards in this table or the optional zero-evaporative emission
standards in section 1976(b)(1)(E) according to the schedule set forth below. For
purposes of this paragraph (a), each manufacturer's vehicle fleet consists of the to-
tal projected California sales of the manufacturer's gasoline-fueled, liquefied pe-
troleum-fueled and alcohol-fueled passenger cars, light-duty trucks, medium-
duty vehicles, and heavy-duty vehicles.
Model Year
2004
2005
2006 and subsequent
Minimum Percentage of Vehicles
Certified to the Standards in
§§1976(b)(J)(F) and (b)(1)(E)
40
80
100
A small volume manufacturer shall certify 100 percent of its 2006 and subse-
quent model vehicle fleet to the evaporative emission standards in the table or the
optional zero-evaporative emission standards in section 1976(b)(1)(E).
All 2004 through 2005 model-year motor vehicles which are not subject to
these standards or the standards in section 1 976(b)(l )(E) pursuant to the phase-in
schedule shall comply with the requirements of sections 1976(b)(1)(B) and (C).
(b) A manufacturer may use an "Alternative or Equivalent Phase-in Schedule"
to comply with the phase-in requirements. An ''Alternative Phase-in" is one that
achieves at least equivalent emission reductions by the end of the last model year
of the scheduled phase-in. Model-year emission reductions shall be calculated by
multiplying the percent of vehicles (based on the manufacturer's projected
California sales volume of the applicable vehicle fleet) meeting the new require-
ments per model year by the number of model years implemented prior to and in-
cluding the last model year of the scheduled phase-in. The "cumulative total" is
the summation of the model-year emission reductions (e.g., the three model-year
40/80/100 percent phase-in schedule would be calculated as: (40%*3 years) +
(80%*2 years) + (100%*1 year) =380). The required cumulative total for the
phase-in of these standards is 380 emission reductions. Any alternative phase-in
that results in an equal or larger cumulative total than the required cumulative total
by the end of the last model year of the scheduled phase-in shall be considered ac-
ceptable by the Executive Officer only if all vehicles subject to the phase-in com-
ply with the respective requirements in the last model year of the required phase-in
schedule. A manufacturer shall be allowed to include vehicles introduced before
the first model year of the scheduled phase-in (e.g., in the previous example, 10
percent introduced one year before the scheduled phase-in begins would be calcu-
lated as: (10%*4 years)=40) and added to the cumulative total.
(c) These evaporative emission standards do not apply to zero-emission ve-
hicles.
4 In-use compliance whole vehicle testing shall not begin until the motor ve-
hicle is at least one year from the production date and has accumulated a minimum
of 1 0,000 miles. For vehicles introduced prior to the 2007 model year, in-use com-
pliance standards of 1 .75 times the "Three-Day Diurnal + Hot-Soak" and "Two-
Day Diurnal + Hot-Soak" gram per test standards shall apply for only the first
three model years of an evaporative family certified to a new standard.
(b)(2) Evaporative emissions for gasoline-fueled motorcycles subject
to exhaust emission standards under this article shall not exceed:
Motorcycle Class
Class I and II (50-279cc)
Class III (280cc and larger)
Class III (280cc and larger)
(Optional Standard for Small-
Volume Motorcycle
Manufacturers)
(c) The test procedures for determining compliance with the standards
in subsection (b) above applicable to 1978 through 2000 model year ve-
hicles are set forth in "California Evaporative Emission Standards and
Test Procedures for 1978-2000 Model Motor Vehicles," adopted by the
state board on April 16, 1975, as last amended August 5, 1999, which is
incorporated herein by reference. The test procedures for determining
compliance with standards applicable to 2001 and subsequent model
year vehicles are set forth in the "California Evaporative Emission Stan-
dards and Test Procedures for 2001 and Subsequent Model Motor Ve-
hicles," adopted by the state board on August 5, 1999, and as last
amended October 17, 2007, which is incorporated herein by reference.
Model Year
Hydrocarbons
(grams per test)
1983 and 1984
1985 and subsequent
6.0
2.0
1984 and 1985
1986 and subsequent
6.0
2.0
1986-1988
6.0
Page 236.22
Register 2007, No. 49; 12-7-2007
Title 13
Air Resources Board
§1978
(d) Motorcycle engine families certified to 0.2 grams per test or more
below the applicable standards shall be exempted from the state board's
"Specifications for Fill Pipes and Openings of Motor Vehicle Fuel
Tanks" pursuant to section 2235, Title 13, California Code of Regula-
tions.
(e) Small volume motorcycle manufacturers electing to certify 1986,
1987, or 1988 model-year Class 111 motorcycles in accordance with the
optional 6.0 grams per test evaporative emission standard shall submit,
with the certification application, a list of the motorcycle models for
which it intends to seek California certification and estimated sales data
for such models. In addition, each such manufacturer shall, on or before
July 1 of each year in which it certifies motorcycles under the optional
standard, submit a report describing its efforts and progress toward meet-
ing the more stringent evaporative emission standards. The report shall
also contain a description of the manufacturer's current hydrocarbon
evaporative emission control development status, along with supporting
test data, and shall summarize future planned development work.
(f)(1) For purposes of this section, "small volume motorcycle man-
ufacturer" means a manufacturer which sells less than 5,000 new motor-
cycles per year in California.
(2) For the purposes of this section, "ultra-small volume manufactur-
er" means any vehicle manufacturer with California sales less than or
equal to 300 new vehicles per model year based on the average number
of vehicles sold by the manufacturer in the previous three consecutive
model years, and "small volume manufacturer" means, for 1978 through
2000 model years, any vehicle manufacturer with California sales less
than or equal to 3000 new vehicles per model year based on the average
number of vehicles sold by the manufacturer in the previous three con-
secutive model years. For 2001 and subsequent model motor vehicles,
"small volume manufacturer" has the meaning set forth in section
1900(a).
NOTE: Authority cited: Sections 39500, 39600, 39601, 39667, 43013, 43018,
43101, 43104, 43105. 43106 and 43107, Health and Safety Code. Reference: Sec-
tions 39002, 39003, 39500, 39667, 43000, 43009.5, 43013,43018, 43100, 43101,
43101.5, 43102, 43104, 43105,43106, 43107, 43204 and 43205, Health and Safe-
ty Code.
History
1 . Amendment filed 4-20-83; effective upon filing pursuant to Government Code
section 11346.2(d) (Register 83, No. 17).
2. Amendment filed 12-16-85; effective upon filing pursuant to Government
Code section 1 1346.2(d) (Register 85, No. 51).
3. Amendment of subsections (b) and (c) filed 3-3-88; operative 4-2-88 (Register
88, No. 12).
4. Amendment filed 2-21-90; operative 3-23-90 (Register 90, No. 8).
5. Amendment of subsection (c) filed 6-14-90; effective 7-14-90 (Register 90,
No. 33).
6. Amendment filed 12-17-91; operative 1-16-92 (Register 92, No. 12).
7. Amendment of subsection (b)(1) and table, and new subsection (b)(5) filed
11-8-93; operative 12-8-93 (Register 93, No. 46).
8. Editorial correction of printing errors in table and designation of subsections
(Register 93, No. 46).
9. Amendment filed 12-15-94; operative 12-15-94 pursuant to Government
Code section 11346.2(d) (Register 94, No. 50).
10. Change without regulatory effect amending subsections (b)(l)(B)(4) and
(b)(1)(C) filed 3-21-95 pursuant to section 100, title 1 , California Code of Reg-
ulations (Register 95, No. 12).
11. Amendment of subsection (c) filed 6-19-96; operative 6-19-96 pursuant to
Government Code section 1 1343.4(d) (Register 96, No. 25).
1 2. New subsection (b)( 1 )(D) filed 1 -3-97 ; operative 1 -3-97 pursuant to Govern-
ment Code section 1 1343.4(d) (Register 97, No. 1).
13. Editorial correction restoring inadvertently omitted subsections (b)(l)(D)-(e)
(Register 97, No. 7).
14. Editorial correction of subsection (b)(1)(B) note (3) and (b)(1)(C) Table (Reg-
ister 97, No. 38).
15. Amendment filed 9-16-97; operative 10-16-97 (Register 97, No. 38).
16. Amendment of subsections (b)(1)(B), (b)(1)(C), (c) and (f)(2) and new subsec-
tions (b)(l)(E)-(F) filed 10-28-99; operative 1 1-27-99 (Register 99, No. 44).
1 7. Amendment of incorporated document California Evaporative Emission Stan-
dards and Test Procedures for 1978-2000 Model Motor Vehicles and amend-
ment of subsection (c) filed 1-18-2007; operative 2-17-2007 (Register 2007,
No. 3).
18. Amendment of subsection (c) and amendment of Note filed 12-5-2007; op-
erative 1-4-2008 (Register 2007, No. 49).
§ 1977. Certification and Service Documents — 1993 and
Subsequent Model Motor Vehicles.
(a) In addition to all other requirements, all documents required by
California certification procedures including emission-related vehicles
and engine service procedures shall conform to the emission related no-
menclature and abbreviations provided in the Society of Automotive En-
gineers' procedure J 1 930, "Electrical/Electronic Systems Diagnostic
Terms, Definitions, Abbreviations and Acronyms", September 1991,
which is incorporated herein by reference.
(b) Subsection (a) shall apply to all new documents printed or updated
by a manufacturer starting with the 1993 model year.
NOTE: Authority cited: Sections 39600 and 39601. Health and Safety Code. Ref-
erence: Sections 39002. 39003, 43000, 43013, 43100, 43101, 43102, 43104,
43107, and 43200, Health and Safety Code.
History
1. New section filed 1 1-26-90; operative 12-26-90 (Register 91, No. 3).
2. Amendment of subsection (a) filed 9-3-92; operative 10-5-92 (Register 92,
No. 36).
§ 1978. Standards and Test Procedures for Vehicle
Refueling Emissions.
(a)(1) Vehicle refueling emissions for 1998 and subsequent model
gasoline-fueled, alcohol-fueled, diesel-fueled, liquefied petroleum
gas-fueled, fuel-flexible, and hybrid electric passenger cars, light-duty
trucks, and medium-duty vehicles with a gross vehicle weight rating less
than 8501 pounds, shall not exceed the following standards. Natural gas-
fueled vehicles are exempt from meeting these refueling standards, but
the refueling receptacles on natural gas-fueled vehicles must comply
with the receptacle provisions of the American National Standards Insti-
tute/American Gas Association Standard for Compressed Natural Gas
Vehicle Fueling Connection Devices, ANSI/ AG A NGV1 stan-
dard-1994, which is incorporated herein by reference. The standards ap-
ply equally to certification and in-use vehicles.
Hydrocarbons (for gasoline-fueled, diesel-fueled, and hybrid electric
vehicles): 0.20 grams per gallon of fuel dispensed.
Organic Material Hydrocarbon Equivalent (for alcohol-fueled, fuel-
flexible, and hybrid electric vehicles): 0.20 grams per gallon of fuel dis-
pensed.
Hydrocarbons (for liquefied petroleum gas-fueled vehicles): 0.15
gram per gallon of fuel dispensed.
(2) Vehicles powered by diesel fuel are not required to conduct testing
to demonstrate compliance with the refueling emission standards set
forth above, provided that all of the following provisions are met:
(A) The manufacturer can attest to the following evaluation: "Due to
the low vapor pressure of diesel fuel and the vehicle tank temperatures,
hydrocarbon vapor concentrations are low and the vehicle meets the 0.20
grams/gallon refueling emission standard without a control system."
(B) The certification requirement described in paragraph (A) is pro-
vided in writing and applies for the full useful life of the vehicle, as de-
fined in section 2112.
In addition to the above provisions, the ARB reserves the authority to
require testing to enforce compliance and to prevent noncompliance with
the refueling emission standard.
Vehicles certified to the refueling emission standard under this provi-
sion shall not be counted in the phase-in sales percentage compliance de-
terminations.
(3) The manufacturer shall adhere to the following phase-in schedule,
as determined by projected vehicle sales throughout the United States,
with the exception of small volume manufacturers.
Page 236.23
Register 2007, No. 49; 12-7-2007
§1990
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
ORVR Model Year Phase-In Schedule
Class of Vehicle
40% Fleet
Passenger Cars 1998
Light-Duty Trucks 2001
0-6,000 lbs. GVWR
Light-Duty Trucks/ 2004
Medium-Duty Vehicles
(6,001-8,500 lbs. GVWR)
(A) Prior to the 2001 model year, small volume manufacturers are de-
fined for purposes of this section as any vehicle manufacturer with
California actual sales less than or equal to 3000 new vehicles per model
year based on the average number of vehicles sold by the manufacturer
in the previous three consecutive years.
(B) Small volume manufacturers of passenger cars, as defined in sub-
section (a)(3)(A), are exempt from the implementation schedule in sub-
section (a)(3) for model year 1 998 and 1999. For small volume manufac-
turers of passenger cars, the standards of subsection (a)(1), and the
associated test procedures, shall not apply until model year 2000, when
100 percent compliance with the standards of this section is required.
Small volume manufacturers of light-duty trucks and medium-duty ve-
hicles are not exempt from the implementation schedule in subsection
(a)(3).
(b) The test procedures for determining compliance with standards ap-
plicable to 1998 through 2000 gasoline, alcohol, diesel, and hybrid elec-
tric passenger cars, light-duty trucks, and medium-duty vehicles are set
forth in the "California Refueling Emission Standards and Test Proce-
dures for 1998-2000 Model Year Motor Vehicles," as amended August
5, 1999, which is incorporated herein by reference. The test procedures
for determining compliance with standards applicable to 2001 and subse-
quent gasoline, alcohol, diesel, and hybrid electric passenger cars, light-
duty trucks, and medium-duty vehicles are set forth in the "California
Refueling Emission Standards and Test Procedures for 2001 and Subse-
quent Model Motor Vehicles," adopted August 5, 1999, and last
amended October 17, 2007, which is incorporated herein by reference.
NOTE: Authority cited: Sections 39500, 39600, 39601, 39667, 43013, 43101,
43104, 43105, 43106 and 43018, Health and Safety Code. Reference: Sections
39002, 39003, 39500, 39667, 43000, 43009.5, 43013, 43018, 43100, 43101,
43 101.5. 43102, 43104. 43105, 43106, 43204 and 43205, Health and Safety Code.
History
1 . New section filed 6-19-96; operative 6-19-96 pursuant to Government Code
section 1 1343.4(d) (Register 96, No. 25).
2. Change without regulatory effect restoring inadvertently omitted subsections
(a)(3)(A) and (a)(3)(B) filed 4-28-97 pursuant to section 100, title 1, California
Code of Regulations (Register 97, No. 18).
3. Amendment of subsections (a)(2)(B), (a)(3)-(a)(3)(B) and (b) filed 10-28-99;
operative 1 1-27-99 (Register 99, No. 44).
4. Amendment of subsections (a)(1) and (b) 11-4-2003; operative 12-4-2003
(Register 2003, No. 45).
5. Amendment of incorporated document California Refueling Emission Stan-
dards and Test Procedures for 200 J and Subsequent Model Motor Vehicles and
amendment of subsection (b) filed 1-18-2007; operative 2-17-2007 (Register
2007, No. 3).
6. Amendment of subsection (b) and amendment of Note filed 12-5-2007; opera-
tive 1-4-2008 (Register 2007, No. 49).
Article 2.5.
California Clean Air Act Annual
Certification Fees
§1990. Applicability.
The Executive Officer shall collect annual fees from each manufactur-
er or modifier of motor vehicles and engines certified pursuant to Articles
2 and 7 of this subchapter, including manufacturers of federally certified
vehicles which are sold in California pursuant to Health and Safety Code
Section 43102. The Executive Officer shall calculate the amount of these
fees as specified in Sections 1991-1993.
NOTE: Authority cited: Sections 39600, 39601 and 43019, Health and Safety
Code. Reference: Section 43000.5, 43013, 43018 and 43019, Health and Safety
Code.
80% Fleet
1999
2002
2005
100% Fleet
2000
2003
2006
History
1 . New section filed 2-27-90; operative 2-27-90 pursuant to Government Code
Section 1 1346.2 (d) (Register 90, No. 12).
§ 1991. Calculation of Total Revenues to be Assessed for
Each Fiscal Year.
(a) Total revenues of four million five hundred thousand dollars
($4,500,000) shall be assessed in Fiscal Year 1989-90.
(b) In subsequent fiscal years, total revenues to be assessed shall be
calculated using the following equation:
REVn = REVn_! [1 +ANN]
where:
REVn means the total revenues to be assessed for the current fiscal
year
REVn_] means the total revenues assessed in the previous fiscal year.
ANN = (CPIn - CPI„_i) / CPIn_], where CPIn is the California Con-
sumer Price Index in April prior to the current fiscal year, as determined
pursuant to Section 2212 of the Revenue and Taxation Code, and CPIn-i
is the California Consumer Price Index in April of the previous year, as
determined pursuant to Section 2212 of the Revenue and Taxation Code.
NOTE: Authority cited: Sections 39600, 39601 and 43019, Health and Safety
Code. Reference: Sections 43000.5, 43013, 43018 and 43019, Health and Safety
Code.
History
1. New section filed 2-27-90; operative 2-27-90 pursuant to Government Code
Section 11346.2(d) (Register 90, No. 12).
§ 1992. Calculation of Per-Vehicle or Per-Engine
Certification Fees.
(a) For fiscal year 1989-90, the Executive Officer shall calculate a
per-vehicle or per-engine certification fee, using the equation in subsec-
tion (b), within 60 days of the effective date of this article.
(b) Prior to July 31 of each subsequent year, the Executive Officer
shall calculate a per-vehicle or per-engine certification fee using the fol-
lowing equation:
REVn
Fee per vehicle or engine =
Total vehicles or engines
where:
REVn means the total revenues to be collected for the current fiscal
year as specified under Section 1991.
"Total vehicles or engines" means the total number of all vehicles and
engines produced for California sale in the previous calendar year, as de-
termined by totaling the vehicle and engines as reported in the manufac-
turers' assembly-line reports or production reports specified in Section
1993 (a)-(f) of this article.
NOTE: Authority cited: Sections 39600, 39601 and 43019, Health and Safety
Code. Reference: Sections 43000.5, 43013, 43018 and 43019, Health and Safety
Code.
History
1. New section filed 2-27-90; operative 2-27-90 pursuant to Government Code
Section 1 1346.2 (d) (Register 90, No. 12).
§ 1993. Calculation of Fees to be Collected from Each
Manufacturer.
The annual fees to be collected from each manufacturer subject to this
article shall be calculated by multiplying the per-vehicle fee or per-en-
gine fee, as determined by the Executive Officer pursuant to Section
1992, by the total number of vehicles or engines produced for California
sale in the previous calendar year by that manufacturer. The total number
of vehicles or engines produced for California sale shall be the number
that each manufacturer is required to report under the following:
Page 236.24
Register 2007, No. 49; 12-7-2007
Title 13
Air Resources Board
§1994
(a) For passenger cars, light-duty trucks and medium I -duty vehicles,
Section D.6.(a), "California Assembly-Line Test Procedures for 1983
and Subsequent Model-Year Passenger Cars, Light-Duty Trucks and
Medium-Duty Vehicles," incorporated by reference in Section 2061,
Title 13, California Code of Regulations.
(b) For heavy-duty engines and vehicles, Section 86.085-37, "Pro-
duction Vehicles and Engines," last amended January 12, 1 983, 40 Code
of Federal Regulations as incorporated by reference in "California Ex-
haust Emission Standards and Test Procedures for 1985 and Subsequent
Model Heavy-Duty Diesel Engines and Vehicles" and "California Ex-
haust Emission Standard and Test Procedures for 1987 and Subsequent
Model Heavy-Duty Otto-Cycle Engines and Vehicles."
(c) For motorcycles. Section 1958(b)(1)(b), Title 13, California Code
of Regulations.
(d) For new modifier-certified vehicles, Section V.C.4., "California
Certification and Compliance Test Procedures for New Modifier-Certi-
fied Motor Vehicles" as incorporated by reference in Section 1964, Title
13, California Code of Regulations.
(e) For used modifier-certified vehicles, Section IV.C.2.a, "Licensing
Requirements for Vehicle Emission Test Laboratories" as incorporated
by reference in Section 2048, Title 13, California Code of Regulations.
(f) For vehicle or engines whose production numbers for California
distribution are not reported in assembly-line reports or whose produc-
tion numbers in assembly-line reports do not segregate production spe-
cifically for California:
(1) For the 1989-90 fiscal year, the manufacturer shall report Califor-
nia production numbers for the 1988 calendar year within 30 days of the
Executive Officer's request. A manufacturer may adjust production
numbers to account for those vehicles or engines which are actually sold
outside of California.
(2) For subsequent fiscal years, the manufacturer shall report Califor-
nia production numbers for the previous calendar year not later than May
1 of the current year. A manufacturer may adjust production numbers to
account for those vehicles or engines which are actually sold outside of
California.
(3) For any manufacturer who fails to submit any report required under
paragraphs (1) and (2) by the specified date, the processing of certifica-
tion applications for that manufacturer's vehicles and engines shall be
suspended until such time as the manufacturer submits the report.
NOTE: Authority cited: Sections 39600, 39601 and 43019, Health and Safety
Code. Reference: Sections 43000.5, 43013, 43018 and 43019, Health and Safety
Code.
History
1 . New section filed 2-27-90: operative 2-27-90 pursuant to Government Code
Section 1 1346.2 (d) (Register 90, No. 12).
§ 1994. Fee Payment and Collection.
(a) Between July 1 and July 31 of each year, the Executive Officer
shall assess and notify in writing each manufacturer subject to this article
of the amount to be collected for the fiscal year, except for Fiscal Year
1989-90 when each manufacturer shall be notified within 60 dys of the
effective date of this article.
(b) For Fiscal Year 1989-90, each manufacturer shall remit the fee to
the state board within 30 days after receipt of the fee assessment notice.
For subsequent fiscal years, each manufacturer shall have the option to
either pay the entire fee to the state board within 30 days after receipt of
the fee assessment notice, or to pay the fee in four equal quarterly instal-
lments with the first installment due within 30 days after receipt of the
fee assessment notice, and subsequent installments due on or before No-
•
[The next page is 236.25.]
Page 236.24(a)
Register 2007, No. 49; 12-7-2007
Title 13
Air Resources Board
§2008
•
vember 1, February 1, and May 1 of each fiscal year. Payment shall be
made payable to the State Air Resources Board. The Executive Officer
shall forward the revenues to the State Controller for deposit in the Air
Pollution Control Fund.
(c) Certification of vehicles or engines for the following model year
shall not be granted to any manufacturer who has failed to pay the fees
required under this article.
NOTE: Authority cited: Sections 39600, 39601 and 43019. Health and Safety
Code. Reference: Sections 43000.5. 43013, 43018 and 43109, Health and Safety
Code.
History
1 . New section filed 2-27-90; operative 2-27-90 pursuant to Government Code
Section 11346.2 (d) (Register 90, No. 12).
Article 3. Accreditation of Motor Vehicle
Pollution Control Devices (Used Motor
Vehicles)
§2001. Requirements
No emission control device shall be accredited unless such device
meets the standards set forth in this article and all other applicable criteria
established in Chapter 3 of Part 5 of Division 26 of the Health and Safety
Code, commencing with Section 43600, and in Subchapter 1 of this
Code.
NOTE: Authority cited: Sections 39600 and 39601 , Health and Safety Code. Ref-
erence: Sections 39002, 39003, 39500, 43000, 4301 1 and 43600, Health and Safe-
ty Code.
History
1. Amendment filed 3-16-77; effective thirtieth day thereafter (Register 77, No.
12).
2. Repealer and new section filed 1-14-83; effective thirtieth day thereafter (Reg-
ister 83, No. 3).
§ 2002. Additional Criteria for Used Vehicle Devices.
No exhaust emission control or fuel system evaporative control device
intended for installation on used motor vehicles shall receive accredita-
tion from the State Board unless it meets the following criteria:
(a) Such device shall be designed so as to have no adverse effect on
engine operation or vehicle performance, unless a test procedure other-
wise specifies.
(b) The adequacy of methods of distribution, the financial responsibil-
ity of the applicant, and other factors affecting the economic interests of
the motoring public shall be evaluated and a determination shall be made
as to whether they are satisfactory to protect the motorist.
NOTE: Authority cited: Sections 39600 and 39601 , Health and Safety Code. Ref-
erence: Sections 39002, 39003, 39500, 40000, 43000, 43011, 43600, 43601 and
43610, Health and Safety Code.
History
1. Amendment filed 1-14-83; effective thirtieth day thereafter (Register 83, No.
3).
§ 2003. Exhaust Emission Standards and Test
Procedures— Used 1955-1965 Light-Duty
Vehicles.
History
1. Amendment filed 3-22-74; effective thirtieth day thereafter (Register 74, No.
12).
2. Repealer filed 1-14-83; effective thirtieth day thereafter (Register 83, No. 3).
§ 2004. Fuel Evaporative Emissions Standards and Test
Procedures.
History
1. Repealer filed 1-14-83; effective thirtieth day thereafter (Register 83, No. 3).
§ 2005. Exhaust Emissions and Test Procedures — Control
of Oxides of Nitrogen Emitted from 1966-1970
Light-Duty Vehicles.
The State Board finds compliance with the oxides of nitrogen control
device standards set forth below to be necessary and technologically fea-
sible for 1966 through 1970 model-year gasoline-powered motor ve-
hicles under 6,001 pounds gross vehicle weight. In accordance with this
finding, the device standards for oxides of nitrogen are:
Class (a) Vehicles (50 to 140 C.I.D.) — 20 percent oxides of nitrogen
reduction.
Classes (b) through (f) Vehicles (greater than 140 C.I.D.) — 30 percent
oxides of nitrogen reduction.
However, pursuant to Section 43614 of the Health and Safety Code,
"after one or more devices are initially certified pursuant to Section
43610, no device shall be accredited under that section which is less ef-
fective than the one or ones initially certified." As a result of this provi-
sion and certification of devices, as of July 18, 1973, the standard for all
classes is 42%.
The test procedures for determining compliance with these standards
are set forth in "California Oxides of Nitrogen Control Device Test Pro-
cedures for Used 1966 Through 1970 Model-Year Motor Vehicles Un-
der 6,001 Pounds Gross Vehicle Weight," adopted by the State Board on
November 17, 1971, as last amended July 18, 1973.
NOTE: Authority cited: Section 43600, Health and Safety Code. Reference: Sec-
tions 43610 and 43611, Health and Safety Code.
History
1. Amendment filed 7-27-7 as an emergency; effective upon filing (Register 73,
No. 30).
2. Certificate of Compliance filed 9-28-73 (Register 73, No. 39).
3. Amendment filed 3-16-77; effective thirtieth day thereafter (Register 77, No.
12).
4. Repealer and new section filed 1-14-83; effective thirtieth day thereafter (Reg-
ister 83, No. 3).
§ 2006. Deferral of Installation of Oxides of Nitrogen
Devices upon Renewal of Registration for the
Year 1973.
History
1 . Repealer filed 4-30-75 as an emergency; effective upon filing (Register 75, No.
18). For prior history, see Register 74, No. 47.
2. Certificate of Compliance filed 8-14-75 (Register 75, No. 33).
§ 2007. 1 955-1 965 Light-Duty Exhaust Emission Control
Device Installation Schedule.
NOTE: Authority cited: Section 39600, Health and Safety Code. Reference: Sec-
tion 43655, Health and Safety Code.
History
1 . Amendment of section and NOTE filed 3-1 6-77; effective thirtieth day thereaf-
ter (Register 77, No. 12). For prior history, see Register 73, No. 16.
2. Repealer filed 1-14-83; effective thirtieth day thereafter (Register 83, No. 3).
§ 2007.5. Termination of the 1 955 Through 1 965 Model
Year Light-Duty Motor Vehicle Exhaust
Emission Control Device Requirements.
Commencing January 1, 1981, the requirement for new installations
of 1955 through 1965 model year light-duty exhaust retrofit devices is
terminated. All 1955 through 1965 model year light-duty motor vehicles
with exhaust retrofit devices which were installed prior to the January 1,
1981 termination date shall continue to be so equipped.
NOTE: Authority cited: Sections 39600 and 39601, Health and Safety Code. Ref-
erence: Sections 39002, 39003, 39500, 43000, 43600, 43650 and 43659, Health
and Safety Code.
History
1. New section filed 11-28-80; designated effective 1-1-81 (Register 80, No. 48).
2. Repealer and new section filed 1-14-83; effective thirtieth day thereafter (Reg-
ister 83, No. 3).
§ 2008. 1 966-1 970 Light Duty NOx Exhaust Emission
Control Device Installation Requirements.
(a) Emission control devices, accredited pursuant to Sections 43610
and 43614 of the Health and Safety Code for 1966 through 1970 model-
year vehicles under 6,001 pounds gross vehicle weight, shall be installed
commencing October 1, 1973 upon initial registration and upon transfer
of ownership and registration, pursuant to Section 4000.1 of the Vehicle
Code, and upon registration of a vehicle previously registered outside
this state, pursuant to Section 4000.2 of the Vehicle Code, in the follow-
ing counties: Alameda, Contra Costa, Marin, Napa, San Francisco, San
Mateo, Santa Clara, Solano, Sonoma, Los Angeles, Orange, Riverside,
Page 236.25
Register 2007, No. 21; 5-25-2007
§2009
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
San Bernardino, Santa Barbara, Ventura and San Diego. Commencing
April 1, 1974. installation under this subdivision shall be statewide.
(b) Certificates of compliance shall be issued and affixed by motor ve-
hicle pollution control device installation and inspection stations li-
censed by the Bureau of Automotive Repair at the lime of any installation
made pursuant to subdivision (a) above to indicate that an accredited de-
vice has been installed, or that the vehicle is exempt from mandatory in-
stallation.
(c) A window sticker, designed and sold by the Bureau of Automotive
Repair and approved by the California Highway Patrol and the State
Board, shall be issued and affixed by the motor vehicle pollution control
device installation and inspection stations with the certificate of com-
pliance.
(d) Whenever a vehicle is declared by a motor vehicle pollution con-
trol device installation and inspection station to be exempt from installa-
tion pursuant to the exemption list adopted by the State Board, a window
sticker, designed by the Bureau of Automotive Repair and approved by
the California Highway Patrol and the State Board, indicating such ex-
emption shall be issued and affixed by such station.
(e) Pursuant to the provisions of Section 4000.1(b) of the Vehicle
Code, and other provisions of law, it is unlawful for the operator or owner
of any vehicle which has had a window sticker affixed pursuant to subdi-
visions (c) and (d) above, to remove or deface said window sticker or to
request, cause or permit such removal or defacement.
If any such window sticker has been removed, defaced or lost, the own-
er or operator of the vehicle shall immediately obtain a replacement win-
dow sticker from a motor vehicle pollution control device installation and
inspection station.
(0 Vehicles with accredited or exempt devices installed pursuant to
the installation schedule established in former subdivision (b) of this sec-
tion on July 19, 1974 (statewide license plate installation schedule) or
pursuant to the installation schedule established in former subdivision (b)
of this section on September 13, 1974 (license plate installation schedule
applicable to six counties in whole or in part in the South Coast Air Basin)
may be removed or rendered inoperative without penalty so long as the
emission control devices and other emission-related parameters of the
subject vehicle are restored to manufacturer's specifications. This subdi-
vision shall not be applicable to any vehicle for which an accredited or
exempt device has been or will be installed pursuant to any change of
ownership or initial registration requirement.
NOTE: Authority cited: Sections 39600 and 39601, Health and Safety Code. Ref-
erence: Sections 39002, 39003, 39500, 40000, 43000, 43600, 43650 and 43654,
Health and Safety Code.
History
1 . Amendment filed 4-30-75 as an emergency; effective upon fding (Register 75,
No. 18). For prior history, see Register 74, No. 47.
2. Certificate of Compliance filed 8-14-75 (Register 75, No. 33).
3. Amendment of subsection (a) and NOTE filed 3-16-77; effective thirtieth day
thereafter (Register 77, No. 12).
4. Repealer and new section filed 1-
ister 83, No. 3).
14-83; effective thirtieth day thereafter (Reg-
§ 2009. Auxiliary Gasoline Fuel Tank Criteria and Test
Procedures.
In order for an auxiliary gasoline fuel tank to be certified by the State
Board, the fuel evaporative emission control system for the auxiliary tank
fuel system shall provide substantially the same degree of control as the
originally approved or certified evaporative emission control system
provides for the original fuel system, and the fill pipe and opening shall
be compatible with vapor control systems.
The test procedures for determining compliance with this standard are
set forth in "California Criteria and Test Procedures for Accrediting Aux-
iliary Gasoline Fuel Tanks," dated December 19, 1973, as last amended
July 27, 1976.
NOTE: Authority cited: Sections 39600 and 39601, Health and Safety Code. Ref-
erence: Sections 39002, 39003, 39500, 40000, 43000, 43820 and 43834, Health
and Safety Code.
History
1. Amendment of NOTE filed 3-16-77; effective thirtieth day thereafter (Register
77, No. 12). For prior history, see Register 76, No. 33.
2. Repealer and new section filed 1-14-83; effective thirtieth day thereafter (Reg-
ister 83, No. 3).
§ 2010. Exhaust Emission Standards and Test
Procedures — Non-Mandatory Devices for Used
1955 and Subsequent Model-Year Vehicles.
To accredit an exhaust emission control device whose installation
costs exceed the statutory limits for mandatory devices it must be shown
that such a device can reduce the emissions of each of at least two of the
three pollutants, hydrocarbons, carbon monoxide, and oxides of nitro-
gen, without increasing the third pollutant, by a minimum of twenty per-
cent below the emission levels obtained with the mandatory accredited
or approved device. The State Board may permit the installation of a de-
vice in lieu of an approved, certified, or accredited device.
The test procedures for determining compliance with these standards
are set forth in "California Exhaust Emission Criteria and Test Proce-
dures for Accrediting Emission Control Devices Sold on a Non-Manda-
tory Basis," dated February 13, 1974.
NOTE: Authority cited: Sections 39600, 39601 and 39607, Health and Safety
Code. Reference: Sections 39002, 39003, 39500, 40000, 43000, 43602 and 43630,
Health and Safety Code.
History
1. New section filed 3-6-74; effective thirtieth day thereafter (Register 74, No.
10).
2. Amendment of NOTE filed 3-16-77; effective thirtieth day thereafter (Register
77, No. 12).
3. Repealer and new section filed 1-14-83; effective thirtieth day thereafter (Reg-
ister 83, No. 3).
§ 201 1 . Software Upgrade for 1 993 through 1 998 Model
Year Heavy-Duty Trucks.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018 and 43701, Health
and Safety Code. Reference: Sections 39001, 39003, 43000, 43013, 43016 and
43018, Health and Safety Code.
History
1. New section filed 3-21-2005; operative 3-21-2005 pursuant to Government
Code section 11343.4 (Register 2005, No. 12).
2. Change without regulatory effect repealing section filed 5-23-2007 pursuant
to section 100, title 1, California Code of Regulations (Register 2007, No. 21).
Article 4.
Diesel Particulate Matter Control
Measures
§ 2020. Purpose and Definitions of Diesel Particulate
Matter Control Measures.
(a) Purpose. Diesel particulate matter was identified in 1998 as a toxic
air contaminant. According to California law, an airborne toxic control
measure using the best available control technology shall, therefore, be
employed to reduce the public's exposure to diesel particulate matter.
(b) Definitions. For the purposes of the rules specified in article 4, the
following definitions apply:
"Alternative fuel" means natural gas, propane, ethanol, methanol, gas-
oline (when used in hybrid electric buses only), hydrogen, electricity,
fuel cells, or advanced technologies that do not rely on diesel fuel. "Alter-
native fuel" also means any of these fuels used in combination with each
other or in combination with other non-diesel fuels.
"Commercially available" means available for purchase and installa-
tion at a reasonable cost.
"Heavy-duty pilot ignition engine" means an engine designed to oper-
ate using an alternative fuel, except that diesel fuel is used for pilot igni-
tion at an average ratio of no more than one part diesel fuel to ten parts
total fuel on an energy equivalent basis. An engine that can operate or idle
solely on diesel fuel at any time does not meet this definition.
"Level" means one of three categories of Air Resources Board-veri-
fied diesel emission control strategies: Level 1 means the strategy re-
duces engine diesel particulate matter emissions by between 25 and 49
percent, Level 2 means the strategy reduces engine diesel particulate
Page 236.26
Register 2007, No. 21; 5-25-2007
Title 13
Air Resources Board
§ 2021.2
matter emissions by between 50 and 84 percent, and Level 3 means the
strategy reduces engine diesel particulate matter emissions by 85 percent
or greater, or reduces engine emissions to less than or equal to 0.0 1 grams
diesel particulate matter per brake horsepower-hour.
"Municipality" means a city, county, city and county, special district,
or a public agency of the United States of America or the State of Califor-
nia, and any department, division, public corporation, or public agency
of this State or of the United States, or two or more entities acting jointly,
or the duly constituted body of an Indian reservation or rancheria.
"Owner" means the same as in title 13, California Code of Regula-
tions, section 2180.](a)(21).
"Transit agency" means a public entity responsible for administering
and managing transit services. Public transit agencies can directly oper-
ate transit service or contract out for all or part of the total transit service
provided.
"Terminal" means any place or places where a vehicle is regularly ga-
raged or maintained, or from which it is operated or dispatched, which
may include a private business or residence.
"Verified" means that a diesel emission control strategy or system has
received approval from the Executive Officer according to the "Verifica-
tion Procedure for In-Use Strategies to Control Emissions from Diesel
Engines" in title 13, California Code of Regulations, commencing with
section 2700, and incorporated by reference.
"Warranty Period" means the same as in title 13, California Code of
Regulations, section 2707.
NOTE: Authority cited: Sections 39600 and 39601. Health and Safety Code. Ref-
erence: Sections 39002, 39003, 39650-39675, 43000, 43013, 43018, 43101,
43102, 43104, 43105 and 43700, Health and Safety Code.
History
1. New article 4 (sections 2020-2021.2) and section filed 7-20-2004; operative
7-20-2004 pursuant to Government Code section 1 1343.4 (Register 2004, No.
30). For prior history of article 4, see Register 83, No. 3).
2. Amendment of subsection (b) (repealer of definition of "Retirement" or "Re-
tire" and new definition of "Transit agency") filed 1-31-2006; operative
1-31-2006 pursuant to Government Code section 1 1343.4 (Register 2006, No.
5).
§ 2021 . Solid Waste Collection Vehicles.
(a) Scope and Applicability. Sections 2021 and 2021.1 shall apply to
municipalities that have a contract with owners for residential and com-
mercial solid waste collection service. Sections 2021 and 2021.2 shall
apply to solid waste collection vehicle owners, both private and govern-
ment entities. These regulations mandate the reduction of diesel particu-
late matter emissions from 1 960 to 2006 model year engines in on-road
diesel-fueled heavy-duty residential and commercial solid waste collec-
tion vehicles with a manufacturer's gross vehicle weight rating greater
than 14,000 pounds.
(b) Definitions. The definitions in Section 2020 shall apply to sections
2021, 2021.1, and 2021.2. In addition, the following definitions apply
only to sections 2021, 2021.1, and 2021.2.
"Active fleet" means the total, by terminal, of an owner's collection
vehicles, excluding backup vehicles.
"Backup vehicle" means a collection vehicle that is driven fewer than
1000 miles annually.
"Contract" means an agreement between an owner and a municipality
to perform residential or commercial solid waste collection services, in
which the contractor' s compensation for providing services, or a formula
for determining compensation, is specified.
"Contractor" means an owner with a contract as defined in this section.
"Residential and commercial solid waste" means all putrescible and
nonputrescible solid, and semisolid wastes, including garbage, trash, re-
fuse, rubbish, ashes, yard waste, recyclable materials, industrial wastes,
demolition and construction wastes, abandoned vehicles and parts there-
of, discarded home and industrial appliances, manure, vegetable or ani-
mal solid and semisolid wastes, and other discarded solid and semisolid
wastes originating from single-family or multiple family dwellings,
stores, offices, and other commercial sources, and construction and de-
molition projects in residential and commercial zones, not including haz-
ardous, radioactive, or medical waste.
"Retirement" or "Retire" means an engine or vehicle will be with-
drawn from an active fleet in California. The engine may be sold outside
of California, scrapped, or used in a backup vehicle.
"Roll off vehicle" means any heavy-duty vehicle used for transporting
waste containers such as open boxes or compactors that may be removed
from the tractor.
"Solid waste collection vehicle or collection vehicle" means an on-
road heavy-duty vehicle with a manufacturer's gross vehicle weight rat-
ing of greater than 14,000 pounds used for the purpose of collecting resi-
dential and commercial solid waste for a fee, including roll off vehicles.
"Total Fleet" means the total of an owner's collection vehicles, ex-
cluding backup vehicles.
NOTE: Authority cited: Sections 39600 and 39601 , Health and Safety Code. Ref-
erence: Sections 39002, 39003, 39650-39675, 43000, 43013, 43018, 43101,
43102, 43104, 43105 and 43700, Health and Safety Code.
History
1. New section filed 7-20-2004; operative 7-20-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 30).
2. Amendment of subsection (b) (new definition of "Retirement" or "Retire") filed
1-31-2006; operative 1-31-2006 pursuant to Government Code section
1 1343.4 (Register 2006, No. 5).
§ 2021 .1 . Methods for Determining Compliance for a
Municipality That Contracts with Owners for
Solid Waste Collection.
(a) Compliance Requirement. A municipality shall include language
requiring the contractor be in compliance with all applicable air pollution
control laws in any new contract that has an effective date of December
31, 2004 or later.
(b) Reporting Requirement. A municipality shall submit an annual re-
port to the Executive Officer by January 31, 2005, and by each January
31 through 2013, as described below:
(1 ) A listing of its contractor(s) as of January 1 of each applicable year,
and including the following information:
(A) Municipality name, address, telephone number, fax number, con-
tact name and electronic mail address;
(B) For each contract, the contractor name, owner name, contact name,
if different from owner name, business address, business telephone num-
ber, business fax number, contact electronic mail address, and the ad-
dress of each terminal in the jurisdiction that houses collection vehicles,
serving the municipality.
(c) Non-Compliance. Any violations of this section may carry civil
penalties as specified in state law and regulations.
NOTE: Authority cited: Sections 39600 and 39601, Health and Safety Code. Ref-
erence: Sections 39002, 39003, 39650-39675, 43000, 43013, 43018, 43101,
43102, 43104, 43105 and 43700, Health and Safety Code.
History
1. New section filed 7-20-2004; operative 7-20-2004 pursuant to Government
Code section 11343.4 (Register 2004, No. 30).
§ 2021 .2. Methods for Determining Compliance for an
Owner of Solid Waste Collection Vehicles.
(a) Compliance Requirements. Beginning with the applicable effec-
tive dates, an owner who operates an active fleet of one or more collection
vehicles is required to comply with this diesel particulate matter control
measure. Compliance requires all of the following:
(1 ) Use of a best available control technology for each collection ve-
hicle in the active fleet as specified in subsection (b),
(2) Implementation for collection vehicles in the active fleet as speci-
fied in subsection (c), and
(3) If a compliance deadline extension is granted by the Executive Of-
ficer per subsection (d), the owner shall be deemed to be in compliance
as specified by the Executive Officer's authorization; and
(4) Special circumstances that may apply when a diesel emission con-
trol strategy is used as a best available control technology as specified in
subsection (e); and
(5) Records must be kept as specified in subsection (f).
Page 236.26(a)
Register 2007, No. 21; 5-25-2007
§ 2021.2
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(6) Continuous Compliance. An owner is required to keep his collec-
tion vehicle in compliance with this regulation, once it is in compliance,
so long as the owner is operating the collection vehicle in California.
(b) Best Available Control Technology. Each owner shall use one of
the following best available control technologies on each engine or
collection vehicle in his fleet as required by the implementation schedule
in subsection (c):
( 1 ) An engine or power system certified to the optional 0.01 g/bhp-hr
particulate emission standard as specified in title 13, California Code of
Regulations, section 1956.8(a)(2), or the 0.01 g/bhp-hr particulate emis-
sion standard as specified in title 13, California Code of Regulations, sec-
tion 1956.8(a), when effective; or
(2) An engine or power system certified to the 0. 1 g/bhp-hr particulate
emission standard, as specified in title 13, California Code of Regula-
tions, section 1956.8, used in conjunction with the highest level diesel
emission control strategy as defined in subsection (b)(4) applied by the
implementation schedule in subsection (c); or
(3) An alternative fuel or heavy-duty pilot ignition engine; model year
2004-2006 alternative fuel engines must be certified to the optional, re-
duced emission standards as specified in title 13, California Code of Reg-
ulations, section 1956.8(a)(2)(A); or
(4) The highest level diesel emission control strategy per title 13,
California Code of Regulations, section 2702(f), Table 1, that is verified
[The next page is 236.26(g).]
Page 236.26(b)
Register 2007, No. 21; 5-25-2007
Title 13
Air Resources Board
§ 2021.2
for a specific engine to reduce diesel particulate matter and which the die-
sel emission control strategy manufacturer or authorized dealer agrees
can be used on a specific engine and collection vehicle combination,
without jeopardizing the original engine warranty in effect at the time of
application.
(c) Implementation Schedule. The owner shall comply with the sched-
ule in Table 1 — Implementation Schedule for Solid Waste Collection
Vehicles, Model Years 1960 to 2006, for the specified percentage of
collection vehicles by each applicable compliance deadline.
Table 1 — Implementation Schedule for Solid Waste Collection Ve-
hicles, Model Years 1960 to 2006.
Percentage of
Group to Use Best
Engine Available Control
Group Model Years Technology Compliance Deadline
1 1988-2002 10 December 31, 2004
25 December 31, 2005
50 December 31, 2006
100 December 31. 2007
2aa
1960-1987
15
December 31, 2005
(Total fleet > 15
40
December 31, 2006
collection vehicles)
60
December 31, 2007
80
December 31, 2008
100
December 31. 2009
2b
1960-1987
25
December 31, 2007
(Total fleet < 15
50
December 31, 2008
collection vehicles)
75
December 31, 2009
100
December 31. 2010
3
2003-2006
50
December 31, 2009
(Includes dual-fuel
100
December 31, 2010
and bi-fuel engines)
aGroup 2a: An owner may not use Level 1 technology as best available control
technology on Group 2a engines or collection vehicles.
(1) Calculating Number of Collection Vehicles Required for Imple-
mentation based on Active Fleet Size. The owner shall calculate the size
of his active fleet as of January 1 of each year (#SWCV) based on the
model year of each engine (#Engines) plus the number of engines re-
moved from the model year group by retirement in prior years (TotRe-
tire) and determine the number of collection vehicles required for imple-
mentation as follows.
#SWCV = #Engines + TotRetire
(A) The owner shall determine the total number of collection vehicles
required to be in compliance by the compliance deadline in Table 1 (Tot-
Veh) by multiplying "Percentage of Group to Use Best Available Control
Technology" (Group%B ACT) for that year by the sum of the number of
collection vehicles in an engine model year group (#SWCV) as in this
following expression:
TotVeh = (Group%BACT) x (#SWCV)
(B) After the first compliance deadline for each group, the owner shall
determine the additional number of collection vehicles to be brought into
compliance each subsequent year (TotAddComp) by subtracting the
number of engines or collection vehicles brought into compliance the
previous years using the method listed in subsection (b)(4) (TotRetrofit)
or by retirement (TotRetire) from the total number of collection vehicles
required to be in compliance (TotVeh), as in the following expression:
TotAddComp = TotVeh - TotRetrofit - TotRetire
(C) Notwithstanding subsection (B) above, in the 100 percent com-
pliance deadline year for each engine model year group the owner shall
bring the remaining engines and collection vehicles into compliance.
(D) If the TotVeh or TotAddComp is not equal to a whole number of
collection vehicles, the owner shall round up to the nearest collection ve-
hicle when the fractional part of TotAddComp is greater than or equal to
one-half of a collection vehicle, and round down to the nearest collection
vehicle when the fractional part of TotAddComp is less than one-half of
a collection vehicle.
(d) Compliance Extensions. An owner may be granted an extension to
a compliance deadline specified in subsection (c) for one of the following
reasons:
(1) Compliance Extension based on Early Implementation. An owner
will be granted an extension based on compliance with one or more of the
following early implementation schedules, provided the Executive Offi-
cer has received a letter by the applicable early compliance deadline stat-
ing the owner's intent to comply with one of the following conditions:
(A) If an owner has implemented best available control technology on
fifty percent or more of his Group 1 total fleet of collection vehicles, at
least fifty percent of which are the owner's oldest collection vehicles in
Group 1 , by July 1 , 2005, then the owner may delay the final compliance
deadline for Group 1 to December 31, 2009.
(B) If an owner has implemented best available control technology on
fifty percent or more of his Group 2a total fleet of collection vehicles by
December 3 1 , 2005, then the owner may delay the intermediate and final
compliance deadlines for Group 2a to December 31, 2010.
(C) If an owner has implemented best available control technology on
fifty percent or more of his Group 2b total fleet of collection vehicles by
December 31 , 2006, then the owner may delay the intermediate and final
compliance deadlines for Group 2b to December 31, 201 1 .
(2) Compliance Extension based on No Verified Diesel Emission
Control Strategy. If the Executive Officer has not verified a diesel emis-
sion control strategy, or one is not commercially available, for a particu-
lar engine and vehicle combination, an annual extension in compliance
may be granted by the Executive Officer under one of the conditions spe-
cified below:
(A) Executive Officer Compliance Extension. The Executive Officer
shall grant a blanket one-year compliance extension if a diesel emission
control strategy is not verified for an engine ten months prior to each
compliance deadline specified in subsection (c).
(i) For a Group 1 collection vehicle engines, the Executive Officer
shall grant an annual extension through 2007, after which the owner shall
comply with subsection (b) by December 31, 2008.
(ii) For a Group 2a collection vehicle engine, the Executive Officer
shall grant an annual extension through 2008, after which the owner shall
comply with subsection (b) by December 31, 2009.
(iii) For a Group 2b or 3 collection vehicle engines, the Executive Offi-
cer shall grant an annual extension through 2010, after which the owner
shall comply with subsection (b) by December 31, 201 1.
(B) Owner Application Compliance Extension. An owner may apply
to the Executive Officer for a compliance extension for an engine six
months prior to each compliance deadline specified in subsection (c).
The owner must first apply best available control technology to all appli-
cable engines as required before requesting an extension. The owner
shall meet the following application conditions and documentation re-
quirements by providing the following to the Executive Officer:
(i) Identification of each engine, by vehicle identification number; en-
gine manufacturer, model year, family, and series; and type of collection
vehicle, for which no diesel emission control strategy has been verified,
or
(ii) Identification of each engine, by vehicle identification number; en-
gine manufacturer, model year, family, and series; and type of collection
vehicle, for which a specific diesel emission control strategy would jeop-
ardize the original engine warranty and a statement from the engine
manufacturer or authorized dealer stating the original engine warranty
would be jeopardized, or
(iii) Identification of each engine and vehicle combination, by vehicle
identification number; engine manufacturer, model year, family, and se-
ries; and type of collection vehicle, for which no diesel emission control
strategy is commercially available and a list of manufacturers that have
been contacted with their responses to a request to purchase, and
(iv) A description of the reason for the request for a compliance exten-
sion for each engine or engine and collection vehicle combination, and
(v) A copy of the statement of compliance as required in subsection
(f)(1)(H) for all applicable collection vehicles, and
(vi) Submission of the application for compliance extension to the
Executive Officer no later than July 31 annually beginning 2004. For a
Group 1 collection vehicle engine, the Executive Officer will accept an
annual compliance extension application until July 31, 2007, after which
the owner shall comply with subsection (b) by December 31 , 2008. For
Page 236.26(g)
Register 2006, No. 5; 2-3-2006
§ 2021.2
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
a Group 2a collection vehicle engine, the Executive Officer will accept
an annual compliance extension application until July 31, 2008, after
which the owner shall comply with subsection (b) by December 31,
2009. For a Groups 2b or 3 collection vehicle engine, the Executive Offi-
cer will accept an annual compliance extension application until July 3 1 ,
2010, after which the owner shall comply with subsection (b) by Decem-
ber 31, 201 1. The Executive Officer will grant a compliance extension
for only one year for an engine in Group 2a or 2b.
(3) Compliance Extension for an Owner with a Total Fleet of Fewer
than Four Solid Waste Collection Vehicles. An owner with three or fewer
collection vehicles in his total fleet may delay the intermediate com-
pliance deadline of any engine to its applicable final compliance dead-
line.
(4) Compliance Extension for an Owner of a Dual-Fuel or Bi-Fuel
Engine. An owner may delay implementation of a Group 1 dual-fuel or
bi-fuel engine to the Group 3 compliance deadlines.
(5) Compliance Extension for an Engine near Retirement. If an owner
has applied best available control technology to all applicable engines as
required, and the next applicable engine is scheduled to be retired from
the active fleet within one year of the applicable compliance deadline,
then the owner is exempt from applying the best available control
technology as defined in subsection (b) to that engine for a maximum of
one year, provided documentation of expected retirement date is kept in
records as specified in subparagraph (f) and the engine is retired as of the
stated expected date.
(6) Use of Experimental Diesel Particulate Matter Emission Control
Strategies. An owner may use an experimental diesel particulate matter
emission control strategy provided by or operated by the manufacturer
in no more than 20 collection vehicles, or ten percent, of his total fleet,
whichever is less, for testing and evaluation purposes. The owner shall
keep documentation of this use in records as specified in subsection (f).
Each collection vehicle will be considered to be in compliance for the
duration of the experiment, or a maximum of two years. The owner must
bring the collection vehicle into compliance within six months of the end
of the testing and evaluation period. No experimental diesel particulate
matter emission control strategy may be used on a collection vehicle after
December 31, 2010.
(e) Diesel Emission Control Strategy Special Circumstances. An own-
er shall maintain the original level of best available control technology
on each engine once that engine is in compliance, and is not required to
upgrade to a higher level of best available control technology, except un-
der specified special circumstances, as follows:
(1 ) Diesel Emission Control Strategy Failure or Damage. In the event
of a failure or damage of a diesel emission control strategy, the following
conditions apply:
(A) Failure or Damage during the Warranty Period. If a diesel emis-
sion control strategy fails or is damaged within its warranty period and
the diesel emission control strategy manufacturer or authorized dealer
determines it can not be repaired, the owner shall replace the diesel emis-
sion control strategy with either the same level diesel emission control
strategy or another best available control technology as defined in sub-
section (b).
(B) Failure or Damage Outside of Warranty Period. If a diesel emis-
sion control strategy fails or is damaged outside of its warranty period,
and it cannot be repaired, the owner shall apply the best available control
technology at the time of replacement, as defined in subsection (b).
(2) Discontinuation of Fuel Verified as a Diesel Emission Control
Strategy. If an owner discontinues use of a fuel verified as a diesel emis-
sion control strategy, the owner shall apply best available control
technology within 30 days of the date of discontinuation or submit a com-
pliance plan to the Executive Officer no later than 30 days after discontin-
uation that demonstrates how the owner will bring his collection vehicles
into compliance within six months of the date of discontinuation.
(3) Limited Use of Level 1 Diesel Emission Control Strategy. If a Lev-
el 1 diesel emission control strategy is identified as the best available con-
trol technology pursuant to subsection (b), an owner is subject to the fol-
lowing limitations:
(A) Group 1 . An owner may use a Level 1 diesel emission control strat-
egy in a Group 1 engine for up to ten years, after which the owner shall
replace the Level 1 diesel emission control strategy with the best avail-
able control technology from subsection (b), except that a Level I diesel
emission control strategy cannot be installed.
(B) Group 2a. An owner with 15 or more collection vehicles in his total
fleet may not use a Level 1 diesel emission control strategy on any Group
2a engine.
(C) Group 2b. An owner with fewer than 15 collection vehicles in his
total fleet may use a Level I diesel emission control strategy in a Group
2b engine for up to ten years, after which the owner shall replace the Lev-
el 1 diesel emission control strategy with the best available control
technology from subsection (b), except that a Level 1 diesel emission
control strategy cannot be installed.
(D) Group 3. An owner may use a Level 1 diesel emission control strat-
egy in a Group 3 engine for up to five years, after which the owner shall
replace the Level 1 diesel emission control strategy with the best avail-
able control technology from subsection (b), except that a Level 1 diesel
emission control strategy cannot be installed.
(f) Record Keeping Requirement. Beginning December 31, 2004, an
owner shall maintain the following records. The owner shall provide the
following records to an agent or employee of the Air Resources Board
upon request for all collection vehicles in his total fleet subject to com-
pliance with this regulation.
(1) Records Accessible at Terminal. The owner shall keep the follow-
ing records accessible either in hard copy format or computer records at
the terminal where a collection vehicle normally resides:
(A) A list by vehicle identification number of collection vehicles iden-
tifying each vehicle type; engine manufacturer, model year, family, and
series; and status as active fleet or back-up vehicle, and
(B) Correlated to each collection vehicle, the installed diesel emission
control strategy, its serial number, manufacturer, model, level, installa-
tion date, and if using a Level 1 or Level 2 verified diesel emission control
strategy, the reason for the choice, and
(C) Records of maintenance for each installed diesel emission control
strategy, and
(D) For fuel or fuel additives used as a diesel emission control strategy,
the most recent two years worth of records of purchase that demonstrate
usage, and
(E) For each backup vehicle, its mileage as of January 1 of each year
beginning January 1, 2005 correlated to the information in paragraph
(1)(A) above, and
(F) For each engine for which an owner is claiming an exemption pur-
suant to paragraph (d)(5), the retirement date correlated to the informa-
tion in paragraph (1)(A) above, and
(G) For each engine for which an owner is claiming an extension pur-
suant to paragraph (d)(6), the records of the test plan, including start and
end dates of the experiment; diesel particulate matter emission control
strategy manufacturer name and contact information (representative, ad-
dress, and phone number); name and type of experimental diesel particu-
late matter emission control strategy; and targeted data to be generated
by experiment, correlated to the information in paragraph (1)(A) above,
and
(H) A statement of compliance, prepared beginning January 1, 2005,
and renewed each January 1 thereafter until January 1, 2013, certifying
that the owner's engines are in compliance as required, including the fol-
lowing:
(i) "The solid waste collection vehicles at terminal (insert terminal
identification number) are in compliance with title 13, California Code
of Regulations, section 2021 .2;" and
(ii) The owner's name, business address, business telephone; and
(iii) The signature of the owner or owner's agent and date signed.
Page 236.26(h)
Register 2006, No. 5; 2-3-2006
Title 13
Air Resources Board
§ 2022.1
(2) Records Kept in the Solid Waste Collection Vehicle. For each
collection vehicle, the owner shall keep the following information af-
fixed to the driver's side door jamb, or another readily accessible location
known by the driver of each collection vehicle, in the form of a legible
and durable label:
(A) For a collection vehicle operated under contract to a municipality,
the name of the municipality or municipalities, and
(B) For each installed diesel emission control strategy, label informa-
tion as specified in title 13, California Code of Regulations, section 2706
(g), and the installation date, or
(C) Engine model year and planned compliance date, or
(D) Designation as a backup vehicle and its mileage as of January 1
of each year beginning January 1, 2005, or
(E) Engine model year and retirement date for an engine for which an
owner is claiming an exemption pursuant to paragraph (d)(5), or
(F) Engine model year and beginning and ending date of the test plan
for an engine for which an owner is claiming an extension pursuant to
paragraph (d)(6).
(3) Each owner shall maintain these records for each collection vehicle
until it is sold outside of the State of California or is no longer used as a
collection vehicle for the purpose of residential or commercial solid
waste collection in the State of California. If ownership is transferred, the
seller shall convey the records to the buyer.
(g) Non-Compliance. Any violations of this section may carry civil
penalties as specified in state law and regulations, including, but not lim-
ited to, Health and Safety Code Section 39674.
NOTE: Authority cited: Sections 39600, 39601 and 39658, Health and Safety
Code. Reference: Sections 39002, 39003, 39650-39675, 43000, 43013, 43018,
43101, 43102, 43104, 43105 and 43700, Health and Safety Code.
History
1. New section filed 7-20-2004; operative 7-20-2004 pursuant to Government
Code section 1 1343.4 (Register 2004, No. 30).
§ 2022. Diesel Particulate Matter Control Measure for
Municipality or Utility On-Road Heavy-Duty
Diesel-Fueled Vehicles.
(a) Scope and Applicability. Sections 2022 and 2022.1 apply to any
municipality or utility that owns, leases, or operates an on-road diesel-
fueled heavy-duty vehicle with a 1960 to 2006 model-year medium
heavy-duty or heavy heavy-duty engine and manufacturer's gross ve-
hicle weight rating greater than 14,000 pounds. These sections do not ap-
ply to a vehicle subject to the solid waste collection vehicle rule com-
mencing with title 13, California Code of Regulations, section 2021 or
to the fleet rule for transit agencies commencing with section 2023, or to
a school bus as defined in Vehicle Code section 545, or to a military tacti-
cal support vehicle, as described in title 13, California Code of Regula-
tions, section 1905, or to an emergency vehicle as described in California
Vehicle Code, section 27156.2, or to an off-road vehicle as described in
title 13, California Code of Regulations, sections 2401, 2421, 2411 and
2432.
(b) Definitions. The definitions in section 2020 shall apply to sections
2022 and 2022. 1 . In addition, the following definitions apply only to sec-
tions 2022 and 2022.1.
(1) "Dedicated Snow Removal Vehicle" means a vehicle that has per-
manently affixed snow removal equipment such as a snow blower or au-
ger and is operated exclusively to perform snow removal operations.
(2) "Low-Population County" means a county with a population of
less than 125,000, based upon the California Department of Finance esti-
mates as of July 1 , 2005, and as listed in Table 2 of title 13, California
Code of Regulations section 2022.1.
(3) "Low Usage Vehicle" means a vehicle that is operated for fewer
than 1000 miles or 50 hours per year, based on a 5 year rolling mileage
or engine-hour average. A vehicle that does not have a properly function-
ing odometer, tachograph, or other reliable device to measure usage may
not qualify as a low usage vehicle.
(4) "Low-Population County Low Usage Vehicle" means a vehicle
that is owned or operated by a municipality or utility located in a low-
population county and is operated, based on a 5 year rolling mileage or
engine hour average for fewer than 3000 miles or 1 50 hours, excluding
mileage or engine hours used during snow removal operations. A vehicle
that does not have a properly functioning odometer, tachograph, or other
reliable device to measure usage may not qualify as a low-population
county low usage vehicle.
(5) "Retirement" or "Retire" means the withdrawal of an engine or ve-
hicle subject to this rule from a municipality or utility fleet in California;
the engine may be sold outside of California, scrapped, converted for use
in a low usage vehicle or low-population county low usage vehicle. "Re-
tirement" or "retire" also means the transfer of an engine or vehicle,
which is subject to this rule and has been brought into compliance with
title 13, California Code of Regulations, section 2022.1(b), from a mu-
nicipality or utility fleet in California to another person or entity in
California.
(6) "Total Fleet" means the total of a municipality's or utility's on-
road heavy-duty vehicles with a I960 to 2006 model-year medium
heavy-duty or heavy heavy-duty engine and a manufacturer's gross ve-
hicle weight rating greater than 14,000 pounds, excluding (A) low usage
vehicles, (B) low-population county, low usage vehicles, (C) dedicated
snow-removal vehicles, and (D) gasoline fueled vehicles.1
(7) "Utility" means a privately-owned company that provides the
same or similar services for water, natural gas, and electricity as a public
utility operated by a municipality.
(8) "Vehicle Type" means one of the following categories: "Com-
pliant" for those vehicles that meet the requirements of section
2022.1 (b); "Future Compliant" for those vehicles for which the munici-
pality or utility has a planned compliance date; "Retired" for those ve-
hicles that will meet the definition of "retirement" at a planned retirement
date; "Low Usage or Low-Population County Low Usage" for those ve-
hicles that meet the applicable definitions in this section; and "Exper-
imental" for those vehicles that are part of an experimental program and
comply with the provisions of section 2022.1(d)(5).
1 Gasoline vehicles that do not meet the best available control technology (B ACT)
requirements specified in title 13, California Code of Regulations, section
2022.1(b)(3) are excluded from the total fleet calculation.
NOTE: Authority cited: Sections 39600 and 39601, Health and Safety Code. Ref-
erence: Sections 39002, 39003, 39655, 39656, 39657, 39658, 39659, 39660,
39661, 39662, 39665, 39667, 39674, 39675, 43000, 43013, 4301 8, 43101, 43102,
43104, 43105 and 43700, Health and Safety Code.
History
1. New section filed 12-6-2006; operative 1-5-2007 (Register 2006, No. 49).
§ 2022.1 . Determining Compliance for a Municipality or
Utility.
(a) Compliance Requirements. Beginning with the applicable effec-
tive dates, a municipality or utility is required to comply with this diesel
particulate matter control measure for each vehicle in its total fleet. Com-
pliance requires all of the following:
(1) Use of a best available control technology (BACT) for each vehicle
in the total fleet as specified in subsection (b);
(2) Implementation for each vehicle in the total fleet as specified in
subsection (c);
(3) If a compliance deadline extension is granted by the Executive Of-
ficer per subsection (d), the municipality or utility shall be deemed to be
in compliance as specified by the Executive Officer's authorization;
(4) Special circumstances must be followed as specified in subsection
(e);
(5) Records must be kept as specified in subsection (f); and
(6) Continuous compliance: municipality or utility is required to keep
each vehicle in compliance with this regulation, once it is in compliance,
so long as the municipality or utility is operating the vehicle in California.
(b) Best Available Control Technology. Each municipality or utility
shall use one of the following best available control technologies on each
applicable vehicle in its total fleet as required by the implementation
schedule in subsection (c):
Page 236.26(i)
Register 2006, No. 49; 12-8-2006
§ 2022.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(1) An engine or power system certified to the optional 0.01 grams per
brake horsepower-hour (g/bhp-hr) particulate emission standard as spe-
cified in title 13, California Code of Regulations, section 1956.8(a)(2),
or the 0.0J g/bhp-hr particulate emission standard as specified in title 1 3,
California Code of Regulations, section 1956.8(a), as appropriate for the
engine's model-year; or
(2) An engine or power system certified to the 0.1 0 g/bhp-hr particu-
late emission standard, as specified in title 1 3, California Code of Regula-
tions, section 1956.8, used in conjunction with the highest level diesel
emission control strategy as defined in subsection (b)(4) applied by the
implementation schedule in subsection (c); or
(3) An alternative fuel engine, heavy-duty pilot ignition engine, or
gasoline engine. Model-year 2004-2006 alternative fuel engines must
be certified to the optional, reduced emission standards as specified in
title 13, California Code of Regulations, section 1956.8(a)(2)(A). Gaso-
line engines must be certified to the emission standards as specified in
title 13, California Code of Regulations, for heavy-duty Otto-cycle en-
gines used in heavy-duty vehicles over 14,000 pounds gross vehicle
weight, sections 1956.8(c)(1)(B) and 1976(b)(1)(F); or
(4) The highest level diesel emission control strategy per title 13,
California Code of Regulations, section 2702(f), Table 1, that is verified
for a specific engine to reduce diesel particulate matter and which the die-
sel-emission-control strategy manufacturer or authorized dealer agrees
can be used on a specific engine and fleet-vehicle combination, without
jeopardizing the original engine warranty in effect at the time of applica-
tion.
(c) Implementation Schedule.
(1) A municipality or utility shall comply with the schedule in Table
1 — Implementation Schedule for a Municipal and Utility Total Fleet
Vehicle, 1960 to 2006 Model-Year Engines for the specified percentage
of vehicles by each applicable compliance deadline.
Table 1 — Implementation Schedule for a Municipal and Utility Total
Fleet Vehicle, 1 960 to 2006 Model-Year Engines.
Percentage of Group
to Use Best Available
Compliance
Deadline, As
Group Engine Model-Years
Control Technology
of December 31
la 1960-1987
20
60
100
2007
2009
2011
2 1988-2002
20
60
100
2007
2009
2011
2003-2006
3 (Includes dual-fuel and
bi-fuel engines)
50
100
2009
2010
a An owner may not use Level 1 technology, as classified pursuant to title 13,
California Code of Regulations section 2020, as best available control technology
on a Group 1 engine or vehicle.
(2) Municipality or Utility Located in a Low-Population County. A
municipality or utility that is headquartered in a county in Table 2 may
elect to follow the option in Table 3 below in lieu of the implementation
schedule in Table 1 .
COUNTY
ALPINE
AMADOR
CALAVERAS
COLUSA
DEL NORTE
GLENN
INYO
LAKE
LASSEN
MARIPOSA
MENDOCINO
MODOC
MONO
NEVADA
Table 2 — Low-Population Counties
Population as of July 1. 2005
1,300
37,600
47,800
24,200
31,500
31,800
18,800
69,200
39,800
19,600
95,500
10,100
14,200
106,300
COUNTY
PLUMAS
Popi
ilation as of July 1,
21,900
SAN BENITO
63,600
SIERRA
3,700
SISKIYOU
47,200
SUTTER
90,400
TEHAMA
63,400
TRINITY
13,800
TUOLUMNE
62,200
YUBA
66,000
2005
Table 3 — Implementation Schedule for a Municipality or
Utility Located in a Low-Population County or Granted
Low-Population County Status
Percentage of Group
Compliance
to Use Best Available
Deadline, As
Group
Engine Model-Years
Control Technology
of December 31
20
2009
40
2011
1
1960-1987
60
2013
80
2015
100
2017
20
2008
40
2010
2
1988-2002
60
2012
80
2014
100
2016
20
2011
3
2003-2006
40
2012
(Includes dual-fuel
60
2013
and bi-fuel engines)
80
2014
100
2015
(3) Accelerated Turnover Option for Municipality or Utility Located
in a Low-Population County or Granted Low-Population County Status.
A municipality or utility headquartered in a county listed in Table 2 or
granted low-population county status may elect to follow the option in
Table 4 below in lieu of the implementation schedules in Table 1 or 3.
Table 4 — Accelerated Turnover Option for a Municipality or
Utility Located in a Low-Population County or Granted
Low-Population County Status
Engine Model-
Year
Fleet Percent
to Repower
with a 1994
or newer engine
Compliance
Date as of
Dec 31 '
Percent of
Fleet to
use B ACT
Compliance
Date as of
Dec 31
1960-1993
100%
2020
100%
2025
1994-2006
N/A
N/A
100%
2025
(4) A municipality or utility not specifically listed in Table 2 may ap-
ply to the Executive Officer for consideration as a fleet located in a desig-
nated "low-population county." The Executive Officer shall issue that
designation provided that all of the following criteria are met:
(A) The total fleet is located in a "nonurbanized area," a "rural and
small urban area," or any area outside of an urbanized area, as designated
by the U.S. Bureau of the Census. An urbanized area consists of a core
area and the surrounding densely populated area with a total population
of 50,000 or more, with boundaries fixed by the Bureau of the Census or
extended by state and local officials; or
(B) The fleet is located in a county that, as of July 1 , 2005, has a popula-
tion of less than 325,000 and meets the definition of a low-population
county when the population of one or more cities that have their own mu-
nicipal vehicle fleet are subtracted from the county population, and the
fleet does not operate within those cities' boundaries; and
(C) The fleet revenue is not based on special district assessments or
fees.
(5) Calculating Number of Total Fleet Vehicles Required for Imple-
mentation.
(A) As of January 1 of each year where a compliance deadline is appli-
cable, a municipality or utility shall calculate, for each engine model-
year group, the number of vehicles in its total fleet for which compliance
•
Page 236.26(j)
Register 2006, No. 49; 12-8-2006
Title 13
Air Resources Board
§ 2022.1
will be required. This fleet size by engine model-year group (#MUVby
group)2 must be calculated using the following equation:
#MUVhv group = # Vehiclesby group + TotRetirehy gmup
Where:'
#Vehiclesby group = the number of vehicles in an engine model-
year group subject to the rule, and
TotRetireby group = the number of vehicles removed from the
model-year group by retirement in prior
years, beginning with January 1 of the initial
applicable compliance deadline year for each
group.
If a vehicle has left the total fleet for reasons other than retirement, it
must not be included in the calculation of #MUVby or0Up-
(B) The municipality or utility shall use the following equation to de-
termine the total number of vehicles in an engine model-year group that
are required to be in compliance by the deadline in Table 1 (TotVehby
group) :
TotVehby sroui} = Group%BACTby group x #MWby group
Where:
Group%BACTby group = the percentage of vehicles in an engine
model-year group that must meet B ACT
requirements for a given year as speci-
fied in subsection (c), and
#MUVby gr0Up = the total fleet size by engine model-year
group as defined in paragraph (5)(A)
above
(C) After the first compliance deadline for each group, the municipali-
ty or utility shall determine the number of additional vehicles in each
model-year group to be brought into compliance each year that a com-
pliance deadline is applicable (TotAddCompby group)- The following
equation must be used to calculate TotAddCompby group-
TotAddCompby group = TotVehby group - TotBACTby gmup —
TotRetireby group
Where:
TotVehby group = the total number of vehicles in an engine model-
year group required to be in compliance, as de-
fined in paragraph (5)(B) above,
TotBactby group = the number of vehicles in an engine model-year
group that have been brought into compliance
since the earliest compliance deadline using the
method listed in subsection (b), and
TotRetireby group = the number of vehicles retired in prior years as
defined in paragraph (5)(A) above
If a vehicle has left the total fleet for reasons other than retirement, it
must not be included in the calculation of TotAddCompby group-
CD) Notwithstanding subsection (C) above, in the 100 percent com-
pliance deadline year for each engine model-year group, the municipali-
ty or utility shall bring the remaining vehicles into compliance.
(E) If the TotVehby group or TotAddCompby group is not equal to a
whole number, the municipality or utility shall round up a whole number
when the fractional part of TotAddCompby group is equal to or greater
than 0.5, and round down if less than 0.5.
(d) Compliance Extensions. A municipality or utility may be granted
an extension to a compliance deadline specified in subsection (c) for one
of the following reasons:
(1) Compliance Extension Based on Early Implementation. A munici-
pality or utility may be granted an extension based on compliance with
one or more of the following early implementation schedules, provided
the Executive Officer has received a letter by the applicable early com-
pliance deadline stating the municipality's or utility's intent to comply
with one of the following conditions and the municipality or utility meets
the requirements set forth in paragraphs (A), (B), (C) or (D).
(A) If a municipality or utility has implemented best available control
technology on fifty percent or more of its Group 1 vehicles in its total fleet
by December 31 , 2007, then the municipality or utility may delay the in-
termediate and final compliance deadlines for the remaining Group 1 ve-
hicles to July 1,2012.
(B) If a municipality or utility has implemented best available control
technology on fifty percent or more of its Group 2 vehicles in its total fleet
by December 31, 2007, then the municipality or utility may delay the in-
termediate and final compliance deadlines for the remaining Group 2 ve-
hicles to July 1,2012.
(C) If a municipality or utility has implemented BACT on 1 00 percent
of its Group 1 and Group 2 engines by December 31 , 2008, then the mu-
nicipality or utility may follow the alternate implementation schedule for
its Group 3 engines of 20 percent BACT by December 31, 2009, 60 per-
cent BACT by December 31, 201 1 and 100 percent BACT by December
31.2012.
(D) If a municipality or utility employs significant quantities of ad-
vanced technology vehicles (for example, hybrid electric vehicles) to
meet BACT requirements, then the municipality or utility may apply to
the Executive Officer for approval of a longer implementation schedule
for its Group 2 and Group 3 vehicles, or approval of credits to be used
towards BACT compliance. The longer implementation schedule must
be proportionate to the additional emissions benefits from the use of the
advanced technology vehicles, and BACT credits cannot exceed the
additional emissions benefits. The advanced technology vehicles must
meet or exceed model-year 2007 and later emissions standards and sig-
nificantly reduce greenhouse gas emissions and petroleum use.
(2) Compliance Extension Based on No Verified Diesel Emission
Control Strategy. If the Executive Officer has not verified a diesel emis-
sion control strategy, or one is not commercially available, for a particu-
lar engine and vehicle combination, an annual extension in compliance
may be granted by the Executive Officer under one of the conditions spe-
cified below:
(A) Executive Officer Compliance Extension. The Executive Officer
shall grant a blanket one-year compliance extension if a diesel emission
control strategy is not verified for an engine ten months prior to each
compliance deadline specified in subsection (c).
1. For a Group 1 engine for which there is no verified diesel emission
control strategy, the Executive Officer shall grant a one-year extension,
after which the municipality or utility shall comply with subsection (b).
If no diesel emission control strategy for the engine is verified during the
extension period, the Executive Officer shall grant an additional one year
extension. The Executive Officer may grant one-year extensions until
December 31, 2012, (or December 31, 2018 for a municipality or utility
located in a low-population county, or granted low-population county
status), after which the municipality or utility shall comply with subsec-
tion (b).
2. For a Group 2 engine for which there is no verified diesel emission
control strategy, the Executive Officer shall grant a one-year extension,
after which the municipality or utility shall comply with subsection (b).
If no diesel emission control strategy for the engine is verified during the
extension period, the Executive Officer shall grant an additional one-
year extension. The Executive Officer may grant one-year extensions
until December 31, 2012, (or December 31, 2017 for a municipality or
utility located in a low-population county or granted low-population
county status), after which the municipality or utility shall comply with
subsection (b)
(B) Municipality or Utility Application for Compliance Extension. A
municipality or utility may apply to the Executive Officer for a com-
pliance extension pursuant to subsection (d)(2) for an engine no later than
July 3 1 prior to each compliance deadline specified in subsection (c). Be-
fore requesting this extension, the municipality or utility shall demon-
strate compliance or intent to comply with applicable deadlines for the
remaining vehicles in the fleet. The municipality or utility shall meet the
following application conditions and documentation requirements by
providing the following to the Executive Officer:
1 . Identification of each engine, by vehicle identification number; en-
gine manufacturer, model-year, family, and series; and type of vehicle
for which no diesel emission control strategy has been verified; or
Page 236.26(k)
Register 2006, No. 49; 12-8-2006
§ 2022.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
2. Identification of each engine, by vehicle identification number; en-
gine manufacturer, model-year, family, and series; and type of vehicle
for which a specific diesel emission control strategy would void the origi-
nal engine warranty and a statement from the engine manufacturer or au-
thorized dealer stating the original engine warranty would be voided; or
3. Identification of each engine and vehicle combination, by vehicle
identification number; engine manufacturer, model year, family, and se-
ries; and type of vehicle for which no diesel emission control strategy is
commercially available and a list of manufacturers that have been con-
tacted, with the manufacturers' responses to a request to purchase; and
4. A description of the reason for the request for a compliance exten-
sion for each engine or engine and fleet-vehicle combination; and
5. A copy of the statement of compliance as required in subsection
(f)(D(K);and
6. The application for compliance extension to be submitted to the
Executive Officer no later than July 31 annually beginning 2007.
a. A municipality or utility. For a Group 1 engine, the Executive Offi-
cer will accept an annual compliance-extension application until July 31 ,
201 1, after which the municipality or utility shall comply with subsection
(b) by December 31. 2012. The Executive Officer will only grant one
compliance extension for an engine in Group 1 . For a Group 2 engine, the
Executive Officer will accept an annual compliance extension applica-
tion until July 3 1 , 201 1 , after which the municipality or utility shall com-
ply with subsection (b) by December 31, 2012.
b. A municipality or utility either located in a low-population county,
or granted low-population county status. For a Group 1 engine, the
Executive Officer will accept an annual compliance extension applica-
tion until July 3 1 , 2017, after which the municipality or utility shall com-
ply with subsection (b) by December 31, 2018. The Executive Officer
will only grant one compliance extension for an engine in Group 1. For
a Group 2 engine, the Executive Officer will accept an annual com-
pliance extension application until July 31 , 2016, after which the munici-
pality or utility shall comply with subsection (b) by December 31, 2017.
(3) Compliance Extension for a Municipality or Utility that Operates
a Dual-Fuel or Bi-Fuel Engine. A municipality or utility may delay im-
plementation of a Group 1 or 2 dual-fuel or bi-fuel engine to the Group
3 compliance deadlines.
(4) Compliance Extension for an Engine Near Retirement. If a munici-
pality or utility has applied best available control technology to all en-
gines as required, and the next engine subject to implementation under
subsection (c) is scheduled to be retired from the total fleet within one
year of the applicable compliance deadline, then the municipality or util-
ity shall be exempted from applying the best available control technology
as defined in subsection (b) to that engine for a maximum of one year,
provided documentation of the expected retirement date is kept in re-
cords as specified in subsection (f) and the engine is retired by the stated
anticipated date.
(5) Use of Experimental Diesel Emission Control Strategy. A munici-
pality or utility may use an experimental diesel emission control strategy
provided by, or operated by, the manufacturer in no more than 20 ve-
hicles, or ten percent of its total fleet, whichever is less, for testing and
evaluation purposes. The municipality or utility shall keep documenta-
tion of this use in records as specified in subsection (f). Each vehicle will
be considered to be in compliance for the duration of the experiment to
a maximum of two years. The municipality or utility must bring the ve-
hicle into compliance within six months of the end of the testing and eval-
uation period. No experimental diesel emission control strategy may be
used on a vehicle after December 31, 2012.
(6) Accelerated Turnover Option. A municipality or utility either lo-
cated in a low-population county or granted low-population county sta-
tus may follow the accelerated turnover option provided in subsection
(c)(3), provided the Executive Officer has received a letter by July 31,
2008, stating the municipality's or utility's intent to comply with this op-
tion.
(e) Diesel Emission Control Strategy Special Circumstances. A mu-
nicipality or utility shall maintain the original level of best available con-
trol technology on each engine once that engine is in compliance, and
will not be required to upgrade to a higher level of best available control
technology, except under specified special circumstances, as follows:
(1) Fuel Strategy Diesel Emission Control Strategy.
(A) If a municipality or utility determines that the highest level diesel
emission control strategy for a small percentage of its fleet would be a
Level 2 fuel-based strategy, and implementation of this diesel emission
control strategy would require installation of a dedicated storage tank,
then the municipality or utility shall request prior approval from the
Executive Officer to allow use of a lower level diesel emission control
strategy; or
(B) If a municipality or utility elects to use a fuel-based diesel emis-
sion control strategy across its fleet, and some vehicles can use a Level
3 hardware diesel emission control strategy, then the municipality or util-
ity shall request prior approval from the Executive Officer to allow use
of a lower level diesel emission control strategy. This provision is only
available if a minimum Level 2 diesel emission control strategy is used.
(2) Diesel Emission Control Strategy Failure or Damage. In the event
of a failure or damage of a diesel emission control strategy, the following
conditions apply:
(A) Failure or Damage During the Warranty Period. If a diesel emis-
sion control strategy fails or is damaged within its warranty period and
the diesel emission control strategy manufacturer or authorized dealer
determines it cannot be repaired, the municipality or utility shall replace
the diesel emission control strategy with either the same level diesel
emission control strategy or another best available control technology as
defined in subsection (b).
(B) Failure or Damage Outside of Warranty Period. If a diesel emis-
sion control strategy fails or is damaged outside of its warranty period,
and it cannot be repaired, the municipality or utility shall apply the best
available control technology at the time of replacement, as defined in
subsection (b).
(3) Discontinuation of Fuel Verified as a Diesel Emission Control
Strategy. If a municipality or utility discontinues use of a fuel verified as
a diesel emission control strategy, the municipality or utility shall apply
best available control technology within 30 days of the date of discontin-
uation or submit a compliance plan to the Executive Officer no later than
30 days after discontinuation that demonstrates how the municipality or
utility will bring the vehicles into compliance within six months of the
date of discontinuation.
(4) Limited Use of Level 1 Diesel Emission Control Strategy. If a Lev-
el 1 diesel emission control strategy is identified as the best available con-
trol technology pursuant to subsection (b), a municipality or utility is sub-
ject to the following limitations:
(A) Group 1
1 . A municipality or utility may not use a Level 1 diesel emission con-
trol strategy on any Group 1 engine.
2. Exception for low-population counties. The limitation in (A)l . does
not apply to a vehicle owned or operated by a municipality or utility lo-
cated in a low-population county (Table 2), or to a vehicle owned or op-
erated by a municipality or utility that has been granted low-population
county status.
(B) Group 2
1. Ten year limit. A municipality or utility may use a Level 1 diesel
emission control strategy in a Group 2 engine for up to ten years. The mu-
nicipality or utility shall then replace the Level 1 diesel emission control
strategy with the best available control technology from subsection (b).
The replacement cannot be a Level 1 diesel emission control strategy.
2. Exception for low-population counties. The limitation in (B) 1 . does
not apply to a vehicle owned or operated by a municipality or utility lo-
cated in a low-population county (Table 2) or to a vehicle owned or oper-
ated by a municipality or utility that has been granted low-population
county status.
(C) Group 3
1. Five year limit. A municipality or utility may use a Level 1 diesel
emission control strategy in a Group 3 engine for up to five years. The
Page 236.26(1)
Register 2006, No. 49; 12-8-2006
Title 13
Air Resources Board
§ 2022.1
•
municipality or utility shall then replace the Level 1 diesel emission con-
trol strategy with the best available control technology from subsection
(b). The replacement cannot be a Level J diesel emission control strategy.
2. Exception for low-population counties. The limitation in (C)l . does
not apply to a vehicle owned or operated by a municipality or utility lo-
cated in a low-population county (Table 2) or to a vehicle owned or oper-
ated by a municipality or utility that has been granted low-population
county status.
(f) Record Keeping Requirement. A municipality or utility shall main-
tain the following records. The municipality or utility shall provide the
following records upon request to an agent or employee of the Air Re-
sources Board for all vehicles in its total fleet subject to compliance with
this regulation.
(1 ) Records to be Kept For Inspection. Beginning December 3 1 , 2007,
the municipality or utility shall keep the following records either in hard-
copy format or as computer records:
(A) A list by vehicle identification number of vehicles, identifying
each vehicle type; engine manufacturer, model-year, family, and series;
and status as a total fleet or low usage vehicle; and
(B) Correlated to each vehicle, the installed diesel emission control
strategy family name, its serial number, manufacturer, installation date,
and if using a Level 1 or Level 2 verified diesel emission control strategy,
the reason for the choice; and
(C) Records of maintenance for each installed diesel emission control
strategy; and
(D) For fuel or fuel additives used as a diesel emission control strategy,
the most recent two years' worth of records of purchase that demonstrate
usage; and
(E) For each low usage vehicle, or low-population county low usage
vehicle, its mileage or engine hours as of December 31 of each year be-
ginning 2007, and records to document its five-year mileage or engine
hours, as of December 31 of each year beginning 2007, correlated to the
vehicle identification information in paragraph (1)(A) above; and
(F) If a municipality or utility is located in a low-population county
or has been granted low-population county status, documentation af-
firming that the vehicle is not operated at any time in a metropolitan sta-
tistical area as defined by the U.S. Census Bureau; and
(G) For each engine for which a municipality or utility is claiming an
extension pursuant to paragraph (d)(4), the retirement date correlated to
the vehicle identification information in paragraph (1)(A) above; and
(H) For each engine for which a municipality or utility is claiming an
extension pursuant to paragraph (d)(5), the records of the test plan, in-
cluding start and end dates of the experiment; diesel emission control
strategy manufacturer name and contact information (representative, ad-
dress, and phone number); name and type of experimental diesel particu-
late matter emission control strategy; and targeted data to be generated
by experiment and correlated to the vehicle identification information in
paragraph (1)(A) above; and
(I) For each engine for which a municipality or utility located in a low-
population county is following the accelerated turnover path in Table 3,
the date of each engine repower correlated to the vehicle identification
information in paragraph (1)(A) above; and
(J) Records to document the retirement of a vehicle. For each vehicle
or engine to be retired, list the vehicle identification number, engine
manufacturer, model-year, family, and series. For each vehicle that will
be transferred to another fleet in California, include also the information
required by sections 2022.1(f)(1)(B) and a statement of compliance that
the vehicle meets the provisions of section 2022.1(b). For each vehicle
or engine to be retired, provide the date of retirement, and written con-
firmation from the recipient of the retired vehicle or engine that the des-
tination of the vehicle or its engine meets the requirements of the defini-
tion of "retirement" or "retire" in section 2022(b).
(K) A statement of compliance, prepared beginning December 31,
2007, and renewed each December 31, thereafter until December 31,
2012, with low-population counties continuing until December 31,
2018, certifying that the municipality's or utility's engines are in com-
pliance as required, including the following:
1 . "The [insert name of municipality or utility] vehicles at terminal [in-
sert terminal identification number or address] are in compliance with
title 13, California Code of Regulations, section 2022.1"; and
2. The municipality's or utility's name, address, and business tele-
phone; and the signature of the municipality's or utility's agent and the
date signed.
(2) Inspection of Records at the Terminal. Beginning December 31,
2007, the municipality or utility shall provide to any ARB representative
any records required to be maintained by the municipality or utility pur-
suant to subsection (f)(l ), by appointment, at the terminal where a vehicle
normally resides.
(3) Records Kept in the Vehicle. For each vehicle, beginning Decem-
ber 3 1 , 2007, the municipality or utility shall keep the following informa-
tion in the form of a legible and durable label affixed to the driver's side
door jamb, or another readily accessible location known to the driver of
each vehicle:
(A) For each installed diesel emission control strategy, the diesel emis-
sion control strategy family name as specified in title 1 3, California Code
of Regulations, section 2706(g)(2), and the installation date; or
(B) Engine model-year and planned compliance date, and a statement
that the vehicle is following the accelerated turnover option, if applica-
ble; or
(C) Designation as a low usage vehicle or low-population county low
usage vehicle (as applicable) and the vehicle' s mileage or hours as of De-
cember 31 of each year beginning December 31, 2007; or
(D) Engine model-year and terminal where the vehicle is permanently
housed if the municipality or utility is located in a low-population county
or has been granted low-population county status; or
(E) Engine model-year and retirement date for an engine for which a
municipality or utility is claiming an extension pursuant to paragraph
(d)(4); or
(F) Engine model-year and the beginning and the ending dates for the
test plan of an engine for which a municipality or utility is claiming an
extension pursuant to paragraph (d)(5).
(4) Each municipality or utility shall maintain these records for each
vehicle until it is sold outside of the State of California or is no longer
owned or operated by the municipality or utility. If ownership is trans-
ferred, the seller shall convey these records to the buyer, or a third-party
sales representative.
(g) Contractor Compliance Requirement. In any contract for services
that a municipality or utility enters that has an effective date of December
31, 2007, or later, the municipality or utility shall include language re-
quiring the contractor to be in compliance with all federal, state, and local
air pollution control laws and regulations applicable to the contractor.
(h) Non-Compliance. Any violations of this section may carry civil
penalties as specified in state law and regulations, including, but not lim-
ited to, Health and Safety Code Section 39674.
(1 ) A municipality or utility that fails to maintain the required records
in paragraph (f)(1) may be subject to civil penalties of not less than $100
per day for every day past the required recordkeeping date.
(2) A municipality or utility that fails to maintain the required records
in the vehicle as specified in paragraph (0(3) may be subject to civil pen-
alties of not less than $100 per day per vehicle for every day past the re-
quired recordkeeping date.
2 "by group" means all vehicles in an engine model-year group as described in
Table 1 under (c)(1).
NOTE: Authority cited: Sections 39600, 39601 and 39658, Health and Safety
Code. Reference: Sections 39002, 39003, 39655, 39656, 39657, 39658, 39659,
39660, 39661, 39662, 39665, 39667, 39674, 39675, 43000, 43013, 43018, 43101,
43102, 43104, 43105 and 43700, Health and Safety Code.
Page 236.26(m)
Register 2006, No. 49; 12-8-2006
§2023
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
History
1. New section filed 12-6-2006; operative 1-5-2007 (Register 2006, No. 49).
§ 2023. Fleet Rule for Transit Agencies.
(a) The definitions in section 2020 shall apply to sections 2023,
2023. i , 2023.2, 2023.3 and 2023.4. In addition, the following definitions
apply only to sections 2023, 2023.1, 2023.2, 2023.3 and 2023.4.
(1) "Active fleet" means the total number of urban buses operated by
a transit agency or under contract to a transit agency, including spare
buses, but not emergency contingency vehicles or non-revenue produc-
ing vehicles.
(2) "Commuter Service Bus" means a passenger-carrying vehicle
powered by a heavy heavy-duty diesel engine or of a type normally pow-
ered by a heavy heavy-duty diesel engine that is not otherwise an urban
bus and which operates on a fixed route primarily during peak commute
hours and that has no more than ten scheduled stops per day, excluding
park-and-ride lots. A commuter service bus is a transit fleet vehicle.
(3) "Diesel PM emission total," for the purposes of sections 2023.1
and 2023.2, means the sum of the particulate matter (PM) value, based
on the engine certification standard, of each diesel fuel, dual-fuel, bi-
fuel (except for heavy-duty pilot ignition engines), and diesel hybrid-
electric engine in a transit agency's active fleet or transit fleet vehicle
fleet in g/bhp-hr. For 1 987 and earlier engines, the PM exhaust emission
value shall be presumed to be 1.0 g/bhp-hr.
(4) "Emergency contingency vehicle" means an urban bus placed in
an inactive contingency fleet for energy or other local emergencies, after
the urban bus has reached the end of its normal minimum useful life.
(5) "Hybrid-electric bus" (HEB) means an urban bus equipped with
at least two sources of energy on board; this energy is converted to motive
power using electric drive motors and an auxiliary power unit, which
converts consumable fuel energy into mechanical or electrical energy.
The electric drive motors must be used partially or fully to drive the ve-
hicle's wheels.
(6) "Low Usage Vehicle" means a non-revenue-generating transit
fleet vehicle that operates for no more than 1000 miles per year.
(7) "New Transit Agency" means
(A) for the purposes of section 2023.1, a transit agency formed after
January 1, 2002;
(B) for the purposes of section 2023.2, a transit agency formed after
January 1,2005.
(8) "NOx Fleet Average" for the purposes of sections 2023.1 and
2023.2 means the average of the oxides of nitrogen (NOx) emissions for
all transit fleet vehicles or urban buses, owned, operated, or leased by a
transit agency, based on the engine certification standard of each engine.
The NOx fleet average is calculated by summing the NOx engine certifi-
cation standards in g/bhp-hr, of each engine in an active fleet or transit
fleet vehicle fleet, and dividing by the total number of vehicles in that
fleet.
(9) "Retirement" or "Retire" means an engine will be withdrawn from
a transit vehicle fleet in California. The engine may be sold outside of
California, scrapped or used in an emergency contingency vehicle or low
usage vehicle.
(10) "Spare bus" means an urban bus that is used to accommodate rou-
tine maintenance and repair operations, and to replace a bus in scheduled
service that breaks down or is involved in an accident.
(11) "Transit Fleet" means a transit agency's urban buses and transit
fleet vehicles, excluding emergency contingency vehicles and low usage
vehicles.
(12) "Transit Fleet Vehicle" means an on-road vehicle greater than
8,500 pounds gross vehicle weight rating (GVWR) powered by a heavy-
duty engine fueled by diesel or alternative fuel, owned or operated by a
transit agency, and which is not an urban bus.
(13) "Urban bus" means a passenger-carrying vehicle powered by a
heavy heavy-duty diesel engine, or of a type normally powered by a
heavy heavy-duty diesel engine, with a load capacity of fifteen (15) or
more passengers and intended primarily for intra-city operation, i.e.,
within the confines of a city or greater metropolitan area. Urban bus op-
eration is characterized by short rides and frequent stops. To facilitate
this type of operation, more than one set of quick-operating entrance and
exit doors would normally be installed. Since fares are usually paid in
cash or token, rather than purchased in advance in the form of tickets, ur-
ban buses would normally have equipment installed for the collection of
fares. Urban buses are also typically characterized by the absence of
equipment and facilities for long distance travel, e.g., restrooms, large
luggage compartments, and facilities for stowing carry-on luggage.
(b) A new transit agency shall:
(1) notify the Executive Officer in writing of its existence and submit
reports to the Executive Officer as required in section 2023. 4(j);
(2) choose a compliance path for its active fleet and notify the Execu-
tive Officer within 1 20 days of formation of its intent to follow either the
diesel path or alternative path, as described in section 2023.1(a), except
that a new transit agency that is a successor to an existing transit agency
shall follow the compliance path of the transit agency out of which it has
been formed;
(3) meet the NOx fleet average and the diesel PM total of the urban
buses or transit fleet vehicles
(A) used in the transit operations of the existing transit agency out of
which the new transit agency is formed or,
(B) if not formed from an existing transit agency, meet the require-
ments set forth in 2023.1(d)(4), 2023.1(e)(5) for urban buses and
2023.2(a)(1)(B), 2023.2(a)(2)(B) 2023.2(b)(3) for transit fleet vehicles;
and,
(4) comply with all applicable requirements of section 2023, section
2023.1, 2023.2 and 2023.4.
(c) A transit agency that installs a diesel emission control strategy to
reduce diesel PM shall use a diesel emission control strategy that is veri-
fied by the Executive Officer in accordance with section 2700 et seq., title
13, CCR, or an urban bus retrofit device that has been exempted under
Vehicle Code section 27156 as an engine rebuild kit and that reduces PM
to 0. 10 g/bhp-hr when used on an engine model 6V92TA DDEC for the
model years specified for that engine.
(d) A transit agency that installs a diesel emission control strategy on
an engine shall use the following percentage reductions from the engine
certification standard value when calculating its total diesel PM emis-
sions: 25 percent for a Level 1, 50 percent for a Level 2, and 85 percent
for a Level 3 diesel emission control strategy.
(e) A transit agency with fewer than 30 buses in its transit fleet may
apply for an extension to comply with the provisions of section 2023.1
and section 2023.2 by submitting documentation of financial hardship to
the Executive Officer, in writing, at least thirty (30) days before the re-
quirement becomes applicable for approval by the Executive Officer.
Documentation of financial hardship shall include, but is not limited to,
an analysis of the cost of compliance, the sources of available funds, and
the shortfall between funds available and the cost of compliance. The
transit agency must also specify the date and means by which compliance
will be achieved in the request for a delay.
(f) A transit agency that is unable to comply with an implementation
deadline specified in section 2023.1 paragraph (e)(1), (2), (3), or (4) or
section 2023.2(b)(1) or (2) because of the unavailability of technology
may apply in writing to the Executive Officer for an extension of the com-
pliance deadline. The application to the Executive Officer must be made
in writing and at least ninety (90) days before the applicable implementa-
tion deadline. The Executive Officer may grant an extension of up to one
year, provided that the applicant:
(1) demonstrates that the technology is unavailable;
(2) explains why the transit agency cannot comply by retiring older
buses; and
(3) provides a schedule for compliance.
(g) A transit agency that owns, operates, or leases fewer than 20 die-
sel-fueled, dual-fuel, bi-fuel, or diesel hybrid-electric buses in its tran-
sit fleet and that operates in a federal one-hour ozone attainment area
may delay implementation of the intermediate total diesel PM emission
reduction requirements provided the transit agency complies with the im-
Page 236.26(n)
Register 2006, No. 49; 12-8-2006
Title 13
Air Resources Board
§ 2023.1
plementation deadlines set forth in Section 2023. J paragraphs (e)(3)(A)
or (e)(4) and section 2023.2 paragraph (b)(2).
(h) Non-Compliance. Any violations of sections 2023, 2023.1,
2023.2, 2023.3, or 2023.4 may be subject to civil penalties as specified
in state law and regulations.
NOTE: Authority cited: Sections 39600, 39601, 39667, 43013, 43018 and
43701(b), Health and Safety Code. Reference: Sections 39002, 39003. 39017,
39500, 39650, 39667, 40000, 43000, 43000.5, 43013, 43018, 43701(b), 43801
and 43806, Health and Safety Code; and Sections 233 and 281 14, Vehicle Code.
History
1 . Renumbering and amendment of portions of former section 1956.2 to new sec-
tion 2023 filed 1-3 1 -2006; operative 3-3 1 -2006 pursuant to Government Code
section 1 1343.4 (Register 2006, No. 5).
§ 2023.1 . Fleet Rule for Transit Agencies — Urban Bus
Requirements.
(a) To encourage transit agencies that operate urban bus fleets to pur-
chase or lease lower emission alternative-fuel buses, while also provid-
ing flexibility to such fleet operators to determine their optimal fleet mix
in consideration of such factors as air quality benefits, service availabil-
ity, cost, efficiency, safety, and convenience, two paths to compliance
with this fleet rule are available: the alternative-fuel path and the diesel
path.
(1) Transit agencies must choose their compliance path, and shall
notify ARB of their intent to follow either the diesel or the alternative-
fuel path, by January 31, 2001. Reporting requirements for that notifica-
tion are set forth in subdivisions (a) and (b) of section 2023.4, title 13,
CCR.
(2) A transit agency within the jurisdiction of the South Coast Air
Quality Management District may elect to change its compliance path
from the diesel path to the alternative-fuel path, provided that the transit
agency notifies the Executive Officer of the change by January 3 1 , 2004,
and provided that the transit agency is in compliance with all require-
ments of section 2023.1, including specific requirements of the diesel
path, on or before January 1 , 2004. Reporting requirements for this notifi-
cation are set forth in paragraph (b)(3) of section 2023.4, title 13, CCR.
(3) A new transit agency that is a successor to an existing transit
agency or that has been created from a merger of two or more transit
agencies or parts of two or more transit agencies must have the same com-
pliance path as the transit agency or agencies out of which it is formed.
(4) A transit agency within the jurisdiction of the South Coast Air
Quality Management District shall follow the alternative-fuel path. If the
transit agency had previously stated its intent to follow the diesel path,
the change to the alternative-fuel path shall be effective on October 7,
2006.
(5) Transit agencies on the diesel path with more than 30 buses in their
fleets purchasing model year 2007 through 2009 urban buses that are not
certified at or below 0.2 g/bhp-hr NOx emission level shall:
(A) Mitigate the increased NOx emissions for each urban bus pur-
chased by retrofitting an existing urban bus or transit fleet vehicle within
the fleet with a level 3 particulate matter (PM) verified diesel emission
control strategy with an oxides of nitrogen (NOx) reduction efficiency of
at least 40 percent, if available, otherwise, with a NOx reduction efficien-
cy of at least 25 percent. This retrofit requirement applies on a one-to-
one basis until all diesel urban buses and transit fleet vehicles within the
transit agency's fleet are either retrofitted or are determined to be unable
to be retrofitted as specified in (B) below.
(B) Obtain Executive Officer approval for purchasing a 2007 through
2009 model year urban bus not subject to (A) above by submitting to the
Executive Officer a report 90 days prior to the delivery of the urban bus.
The report shall provide information that demonstrates that all vehicles
in the transit agency's fleet have been retrofitted or are determined to be
unable to be retrofitted including when the inability to retrofit occurs for
reasons other than a device not verified for the specific urban bus or tran-
sit fleet vehicle engine family.
(C) Submit annual reports that meet the requirements in section
2023.4(b)(4).
(b) Transit agencies on the alternative-fuel path shall meet the follow-
ing requirements:
(1) Upon approval of the regulation, and through Model Year 2015,
at least 85 percent of all urban buses purchased or leased each year must
be alternative-fuel buses or buses with engines purchased under para-
graph (b)(9).
(2) NOx fleet average requirements as set forth in subdivision (d), be-
low.
(3) Beginning October 1, 2002, only engines certified to an optional
PM standard of 0.03 g/bhp-hr or lower shall be purchased when making
new bus purchases.
(4) Total diesel PM emission reduction requirements and use of low-
sulfur or other allowed fuel as set forth in subdivision (e), below.
(5) Transit agencies on the alternative-fuel path shall not purchase any
diesel-fueled, dual-fuel, or bi-fuel buses with 2004-2006 model year
engines certified to emissions levels in excess of those specified in para-
graph (a)( 1 1 ) of section 1 956. 1 , title 1 3, CCR, except as provided in para-
graph (b)(8) or (b)(9) of this section.
(6) Zero-emission bus purchase requirements beginning in model
year 2012, in accordance with the requirements set forth in subdivision
(c) of section 2023.3, title 13, CCR.
(7) Reporting requirements as set forth in section 2023.4, title 13,
CCR.
(8) The Executive Officer may exempt transit agencies on the alterna-
tive-fuel path from the requirements of paragraph (b)(5) of section
2023.1, title 13, CCR, provided that:
(A) A transit agency applies to the Executive Officer for such exemp-
tion by June 30, 2001;
(B) A transit agency demonstrates to the Executive Officer that it will
achieve NOx emissions benefits through 2015 greater than what would
have been achieved through compliance with paragraph (b)(5); and
(C) The Executive Officer finds that transit agencies, after consulting
with the Engine Manufacturers Association, have demonstrated, or are
contractually committed to demonstrate, advanced NOx aftertreatment
technology.
(9) A transit agency on the alternative-fuel path may purchase a bus
operated with a heavy-duty pilot ignition engine provided the engine
meets the standards set forth in subdivision (b) of section 1 956. 1 , title 13,
CCR.
(c) Transit agencies on the diesel path shall meet the following require-
ments:
(1) NOx fleet average requirements as set forth in subdivision (d), be-
low.
(2) Total diesel PM emission reduction requirements and use of low-
sulfur or other allowed fuel as set forth in subdivision (e), below.
(3) Zero-emission bus demonstration as required in subdivision (b) of
section 2023.3, title 13, CCR.
(4) Transit agencies on the diesel path shall not purchase any diesel-
fueled, dual-fuel, or bi-fuel buses with 2004-2006 model year engines
certified to emissions levels in excess of those specified in paragraph
(a)(ll) of section 1956.1, title 13, CCR, except as provided in paragraph
(c)(7) or (c)(8) of this section. Beginning July 1 , 2003, a transit agency
may not purchase alternative fuel buses certified to a PM emission level
in excess of the optional standard of 0.03 g/bhp-hr when making new bus
purchases.
(5) Zero-emission bus purchase requirements beginning in model
year 201 1, in accordance with the requirements set forth in subdivision
(c) of section 2023.3, title 13, CCR.
(6) Reporting requirements as set forth in section 2023.4, title 13,
CCR.
(7) The Executive Officer may exempt transit agencies on the diesel
path from the requirements of paragraph (c)(4) of section 2023. 1 , title 13,
CCR, provided that:
(A) A transit agency applies to the Executive Officer for such exemp-
tion by June 30, 2001;
Page 236.26(0)
Register 2007, No. 42; 10-19-2007
§ 2023.2
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(B) A transit agency demonstrates to the Executive Officer that it will
achieve NOx emissions benefits through 2015 greater than what would
have been achieved through compliance with paragraph (c)(4); and
(C) The Executive Officer finds that transit agencies, after consulting
with the Engine Manufacturers Association, have demonstrated, or are
contractually committed to demonstrate, advanced NOx aftertreatment
technology.
(8) A transit agency on the diesel-fuel path may purchase a bus oper-
ated with a heavy-duty pilot ignition engine provided the engine meets
the standards set forth in subdivision (b) of section 1956.1.
(9) The Executive Officer shall authorize, in writing, a transit agency
on the diesel path to purchase one or more diesel-fueled hybrid-electric
bus certified under title 13, CCR, section 1956. l(a)( 1 1)(B) provided that:
(A) The transit agency shall submit a mitigation plan and letter re-
questing approval by January 31, 2005, to the Executive Officer that
demonstrates that the transit agency will provide surplus emission reduc-
tions from urban buses in its fleet that will offset the NOx emission differ-
ence between the certified NOx emission standard of the hybrid-electric
bus and 0.5 g/bhp-hr. The transit agency may not use NOx emission re-
ductions that are otherwise required by any statute, regulation, or order
or the emission reductions that will accrue from the retirement of an ur-
ban bus to be replaced by a hybrid-electric bus for the offset;
(B) The transit agency shall complete implementation of all mitigation
measures set forth in the approved plan to offset NOx emissions prior to
the receipt of the last diesel-fueled hybrid-electric bus; and
(C) The transit agency shall submit the reports required by section
2023.4(g).
(d) Beginning October 1, 2002, no transit agency shall own, operate,
or lease an active fleet of urban buses with average NOx emissions in ex-
cess of 4.8 g/bhp-hr, based on the engine certification standards of the
engines in the active fleet.
( 1 ) This active fleet average requirement shall be based on urban buses
owned, operated, or leased by the transit agency, including diesel buses,
alternative-fuel buses, all heavy-duty zero-emission buses, electric trol-
ley buses, and articulated buses, in each transit agency's active fleet. The
Executive Officer may allow zero-emission buses that do not meet the
definition of an urban bus to be included in the calculation of the fleet av-
erage standard upon written request to the ARB by January 31, 2002, and
upon approval by the Executive Officer. The request shall include a de-
scription of the zero-emission buses, the zero-emission technology uti-
lized, and the number of zero-emission buses to be used in calculating
the NOx fleet average standard. Zero-emission buses not meeting the
definition of an urban bus may not be used to satisfy the requirements of
the Zero-emission Bus Demonstration Project set forth in subdivision (b)
of section 2023.3, title 13, CCR.
(2) Transit agencies may use ARB-certified NOx retrofit systems to
comply with the fleet average requirement (in addition to bus purchases,
repowerings, and retirements).
(3) Transit agencies have the option of retiring all 1987 and earlier
model year diesel urban buses by October 1, 2002, to comply with the
fleet average standard requirement.
(4) A transit agency established after January 1 , 2005, shall not operate
an active fleet of urban buses with an average NOx emission in excess
of:
(A) 4.0 g/bhp-hr, or
(B) the NOx average of the active fleet of the transit agency from
which it was formed, whichever is lower, or
(C) in the case of a merger of two or more transit agencies or parts of
two or more transit agencies, the average of the NOx fleet averages,
whichever is lower.
(e) To reduce public exposure to diesel particulate matter, each transit
agency shall reduce the diesel PM emissions total of the diesel buses in
its active fleet relative to its diesel PM emission total as of January 1,
2002, according to the schedule below, and shall operate its diesel buses
on diesel fuel with a maximum sulfur content of 15 parts per million by
weight. Documentation of compliance with these requirements must be
provided in accordance with the provisions of subdivision (d) of section
2023.4, title 13, CCR.
(1 ) No later than January 1 , 2004:
(A) The diesel PM emission total for a transit agency on the diesel path
shall be no more than 60 percent of its diesel PM emission total on Janu-
ary 1, 2002.
(B) The diesel PM emission total for a transit agency on the alternative
fuel path shall be no more than 80 percent of its diesel PM emission total
on January 1 , 2002.
(2) No later than January 1, 2005:
(A) The diesel PM emission total for a transit agency on the diesel path
shall be no more than 40 percent of its diesel PM emission total on Janu-
ary 1, 2002.
(B) The diesel PM emission total for a transit agency on the alternative
fuel path shall be no more than 60 percent of its diesel PM emission total
on January 1 , 2002.
(3) No later than January 1 , 2007:
(A) The diesel PM emission total for a transit agency on the diesel path
shall be no more than 15 percent of its diesel PM emission total on Janu-
ary 1 , 2002 or equal to 0.01 g/bhp-hr times the total number of current
diesel-fueled active fleet buses, whichever is greater.
(B) The diesel PM emission total for a transit agency on the alternative
fuel path shall be no more than 40 percent of its diesel PM fleet average
on January 1, 2002.
(4) No later than January 1 , 2009, the diesel PM emission total for a
transit agency on the alternative fuel path shall be no more than 15 per-
cent of its diesel PM emission total on January 1, 2002 or equal to 0.01
g/bhp-hr times the total number of current diesel-fueled active fleet
buses, whichever is greater.
(5) Beginning on January 1, 2005, a new transit agency may not have
a diesel PM emission total exceeding the following values:
(A) As of January 1 , 2005 through December 3 1 , 2009, 0.05 g/bhp-hr
(exhaust emission value) times the total number of diesel-fueled buses
in the active fleet;
(B) As of January 1, 2010, 0.01 g/bhp-hr (exhaust emission value)
times the total number of diesel-fueled buses in the active fleet.
(6) Beginning July 1, 2002, a transit agency shall not operate its diesel
urban buses on diesel fuel with a sulfur content in excess of 15 parts per
million by weight, except that a transit agency may operate its diesel
buses on a fuel that is verified by the Executive Officer as a diesel emis-
sion control strategy that reduces PM in accordance with section 2700 et
seq., title 13, CCR. A transit agency with fewer than 20 buses in its active
fleet, and that operates in a federal one-hour ozone attainment area, is not
subject to this low-sulfur fuel requirement until July 1 , 2006. In areas re-
designated as one-hour ozone non-attainment areas prior to July 1 , 2006,
a transit agency initially exempt from the low-sulfur fuel requirement
shall submit a plan to the Executive Officer within 30 days of redesigna-
tion for achieving compliance with this requirement.
NOTE: Authority cited: Sections 39600, 39601, 39667, 43013, 43018 and
43701(b), Health and Safety Code. Reference: Sections 39002, 39003, 39017,
39500, 39650, 39667, 40000, 43000, 43000.5, 43013, 43018, 43701(b), 43801
and 43806, Health and Safety Code; and Sections 233 and 281 14, Vehicle Code.
History
1 . Renumbering and amendment of portions of former section 1956.2 to new sec-
tion 2023.1 filed 1-31-2006; operative 1-31-2006 pursuant to Government
Code section 1 1343.4 (Register 2006, No. 5).
2. New subsections (a)(4)-(a)(5)(C) filed 9-7-2006; operative 10-7-2006 (Reg-
ister 2006, No. 36).
3. Amendment of subsections (b)(6) and (c)(5) filed 10-15-2007; operative
1 1-14-2007 (Register 2007, No. 42).
§ 2023.2. Fleet Rule for Transit Agencies — Transit Fleet
Vehicle Requirements.
(a) A transit agency shall not operate transit fleet vehicles with a NOx
fleet average exceeding the following values as of the specified dates. A
transit agency shall provide documentation of compliance with the re-
quirements in accordance with the provisions of subdivision (e)(2) of
section 2023.4, title 13, CCR.
Page 236.26(p)
Register 2007, No. 42; 10-19-2007
Title 13
Air Resources Board
§ 2023.3
(J) Beginning December 31, 2007 through December 30, 2010, 3.2
g/bhp-hr;
(A) A transit agency may retire all 1997 and earlier model year engines
in transit fleet vehicles by December 31, 2007, to comply with the NOx
fleet average requirement.
(B) For a new transit agency established after December 31 , 2007 and
through December 31, 2009, either 3.2 g/bhp-hr or no higher than the
NOx average of the transit fleet vehicles of the transit agency from which
the new transit agency has been formed, whichever is lower.
(2) Beginning December 3 1 , 2010, 2.4 g/bhp-hr;
(A) A transit agency may retire all 200 1 and earlier model year engines
in transit fleet vehicles by December 31, 2010, to comply with the NOx
fleet average requirement.
(B) For a new transit agency established after December 31, 2010, ei-
ther 2.4 g/bhp-hr or no higher than the NOx average of the transit fleet
vehicles of the transit agency from which the new transit agency has been
formed, whichever is lower.
(3) Zero-emission buses used to satisfy the requirements set forth in
subdivision (d) of section 2023.1 may not be used to meet the require-
ments of this subdivision.
(4) A transit agency may claim NOx reductions by application of a sys-
tem that has been verified by the Executive Officer in accordance with
section 2700 et seq., title 13, CCR to comply with the fleet average re-
quirement, in addition to transit fleet vehicle purchases, retirements, or
engine Repowering.
(b) A transit agency shall reduce the total diesel particulate matter
(PM) emissions of its diesel transit fleet vehicles relative to its total diesel
PM emissions from diesel transit fleet vehicles as of January 1, 2005, ac-
cording to the schedule below. "Diesel PM emission total" and how it is
calculated are defined in 2023(a)(3). A transit agency shall provide docu-
mentation of compliance with these requirements in accordance with the
provisions of subdivision (e)(3) of section 2023.4, title 13, CCR.
(1) (No later than December 31 , 2007, the diesel PM emission total for
a transit agency's transit fleet vehicle fleet shall be no more than 60 per-
cent of its diesel PM emission total on January 1, 2005.
(2) No later than December 31, 2010, the diesel PM emission total for
a transit agency's transit fleet vehicle fleet shall be no more than 20 per-
cent of its diesel PM emission total on January 1, 2005, or equal to 0.01
g/bhp-hr times the total number of transit fleet vehicles in the current
fleet, whichever is greater.
(3) A new transit agency established after January 1, 2005, may not
have a diesel PM emission total exceeding the following values:
(A) For a new transit agency established January 1 , 2005 through De-
cember 31, 2006, 0.1 g/bhp/hr (exhaust emission value) times the num-
ber of diesel-fueled transit fleet vehicles in its fleet. This value will serve
as the transit agency's PM baseline. The transit agency must meet the re-
quirements set forth in section 2023.2(b)(1) and (2).
(B) For a new transit agency established January 1, 2007 through De-
cember 31, 2009, 0.1 g/bhp/hr (exhaust emission value) times the num-
ber of diesel-fueled transit fleet vehicles in its fleet. This value will serve
as the transit agency's PM baseline and shall be reduced by 50 percent
of its PM baseline value by December 31, 2010, and 80 percent by De-
cember 31, 2012.
(C) For a new transit agency established January 1, 2010 or later, 0.01
g/bhp-hr (exhaust emission value) times the total number of diesel transit
fleet vehicles in its fleet.
(c) A transit agency may apply to the Executive Officer for a delay in
meeting the provisions of section 2023.2(a) and 2023.2(b) for up to one
year to allow for the termination of a vehicle lease, maintenance/lease,
turnkey or vehicle/service contract as defined by the Federal Transit Ad-
ministration (FTA). The transit agency shall apply to the Executive Offi-
cer no later than 90 days prior to the applicable deadlines and shall in-
clude a description of the reason the delay is required, the reason the
contractor cannot provide a newer vehicle to replace an existing vehicle
within the terms of the contract, and provide a schedule for compliance
by the end of the compliance extension.
NOTE: Authority cited: Sections 39600, 39601, 39659, 39667 and 43018. Health
and Safety Code. Reference: Sections 39667. 39700, 39701, 43000, 43000.5,
43013, 43018, 43801 and 43806, Health and Safety Code.
History
1. New section filed 1-31-2006; operative 1-31-2006 pursuant to Government
Code section 1 1 343.4 (Register 2006, No. 5).
§ 2023.3. Zero-Emission Bus Requirements.
(a) "Zero-emission bus" means an Executive Officer certified urban
bus that produces zero exhaust emissions of any criteria pollutant (or pre-
cursor pollutant) under any and all possible operational modes and condi-
tions.
(1) A hydrogen-fuel cell bus shall qualify as a zero-emission bus.
(2) An electric trolley bus with overhead twin-wire power supply shall
qualify as a zero-emission bus.
(3) A battery electric bus shall qualify as a zero-emission bus.
(4) Incorporation of a fuel-fired heater shall not preclude an urban bus
from being certified as a zero-emission bus, provided the fuel-fired heat-
er cannot be operated at ambient temperatures above 40(F and the heater
is demonstrated to have zero evaporative emissions under any and all
possible operational modes and conditions.
(b) Zero-Emission Bus Demonstration Projects.
(1 ) Initial Demonstration Project.
(A) Except as provided in (D) below, the owner or operator of an urban
bus fleet on the diesel path in accordance with the provisions of section
2023. 1 , with more than 200 urban transit buses in its active fleet on Janu-
ary 31, 2001, shall implement an Initial Demonstration Project in accor-
dance with this subsection (b)(1). The owner or operator shall evaluate
the operation of zero-emission buses in revenue service, and prepare and
submit a report on the demonstration project to the Executive Officer for
inclusion in a future review of zero-emission technology.
(B) This Initial Demonstration Project shall meet all of the following
specifications and requirements:
1 . utilize a minimum of three zero-emission buses,
2. include any necessary site improvements,
3. locate fueling infrastructure onsite,
4. provide appropriate maintenance and storage facilities,
5. train bus operators and maintenance personnel,
6. place the buses in revenue service for a minimum duration of 1 2 cal-
endar months,
7. retain operation and maintenance records, and
8. report on the demonstration program as set forth in subdivision (f)
of section 2023.4, title 13, CCR.
(C) When planning and implementing the Initial Demonstration Proj-
ect, the operator or owner shall meet the following milestones:
1 . no later than January 1, 2002, prepare and solicit bid proposals for
materials and services necessary to implement the demonstration project,
including but not limited to the zero-emission buses and the associated
infrastructure;
2. no later than February 28, 2006, place at least three zero-emission
buses in operation;
3. no later than July 31 , 2005, submit a preliminary report on the dem-
onstration project to the Executive Officer, in accordance with paragraph
(f)(3) of section 2023.4, title 13, CCR;
4. no later than July 31, 2007, submit a report on the demonstration
project to the Executive Officer, in accordance with paragraph (f)(4) of
section 2023.4, title 13, CCR;
5. no later than January 31, 2003, initial documentation shall be sub-
mitted in accordance with paragraph (f)(1) of section 2023.4, title 13,
CCR; and
6. no later than January 31, 2003, a financial plan shall be submitted
in accordance with paragraph (f)(2) of section 2023.4, title 13, CCR.
(D) Multiple transit agencies within the same air basin may, on a case-
by-case basis, petition the Executive Officer to implement a joint zero-
emission bus demonstration project. Electric trolley buses shall not qual-
ify as zero-emission buses for purposes of this joint demonstration
project. No more than three transit agencies can participate in any one
Page 236.26(q)
Register 2007, No. 42; 10-19-2007
§ 2023.3
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
joint project. Transit agencies that are participating in a joint demonstra-
tion project shall:
1. designate the agency hosting the onsite demonstration,
2. jointly fund the demonstration project, and
3. place a minimum of three zero-emission buses per demonstration
project in revenue service.
(2) Advanced Demonstration Project.
(A) Except as provided in (E) below, the owner or operator of an urban
bus fleet on the diesel path in accordance with the provisions of section
2023. 1 , with more than 200 urban transit buses in its active fleet on Janu-
ary 1 , 2007, for transit agencies on the diesel path shall implement an Ad-
vanced Demonstration Project. The owner or operator shall evaluate the
operation of zero-emission buses in revenue service and prepare and
submit a report on the demonstration project to the Executive Officer.
(B) Diesel fuel path transit agencies may choose to follow the single
or joint path demonstration as described in 2023.3(b)(2)(D) or
2023.3(b)(2)(E).
(C) When planning and implementing the Advanced Demonstration
Project for transit agencies on the diesel path, the operator or owner shall
meet the following milestones:
1. No later than January 1, 2009, place all required zero-emission
buses in operation,
2. No later than May 1, 2009, submit a preliminary report on the dem-
onstration project to the Executive Officer, in accordance with paragraph
(f)(3) of section 2023.4, title 13, CCR, and
3. No later than May 1, 2010, submit a final report on the demonstra-
tion project to the Executive Officer, in accordance with paragraph (f)(4)
of section 2023.4, title 13, CCR.
(D) Transit agencies choosing to participate in a single transit agency
Advanced Demonstration Project shall meet all of the following specifi-
cations and requirements:
1. Utilize a minimum of six zero-emission buses,
2. Provide appropriate maintenance and storage facilities,
3. Train bus operators and maintenance personnel,
4. Place the buses in revenue service for a minimum duration of 12 cal-
endar months after delivery of all demonstration buses,
5. Retain operation and maintenance records, and
6. Report on the demonstration program as set forth in subdivision (f)
of section 2023.4, title 13, CCR.
(E) Multiple transit agencies may, on a case-by-case basis, petition
the Executive Officer to implement a joint zero-emission bus demonstra-
tion project. Transit agencies that are participating in a joint demonstra-
tion project shall:
1. Jointly fund the demonstration project.
2. Utilize a minimum of 12 zero-emission buses in revenue service.
3. Operate the demonstration at a transit agency affected by the zero-
emission bus regulation.
4. Purchase and put in revenue service a minimum of three zero-emis-
sion buses per transit agency.
5. Place the buses in revenue service for a minimum duration of 1 2 cal-
endar months after delivery of all demonstration buses.
6. Provide appropriate maintenance and storage facilities.
7. Train bus operators and maintenance personnel from each partici-
pating transit agency.
(F) Zero-emission buses placed in service to meet the zero-emission
bus initial demonstration projects as specified in subdivision (b)(1) are
not permitted to count towards the advanced demonstration require-
ments, unless upgraded with technology advancements to make the bus
comparable to vehicles available for the advanced demonstration. One
credit shall be earned for each bus.
(c) Purchase Requirement for Zero-Emission Buses. The number of
urban buses in each transit agency's active urban bus fleet shall be re-
viewed annually, as described in sections 2023.4(a)(3) and (b)(2). The
owner or operator of a transit agency with more than 200 urban buses in
active service on January 1, 2007, for transit agencies on the diesel path,
and January 1, 2009, for transit agencies on the alternative-fuel path,
shall purchase and/or lease zero-emission buses, in accordance with the
following paragraphs. In addition, the owner or operator of diesel path
transit agencies whose active urban bus fleet initially exceeds 200 urban
buses after January 1, 2007 shall have three years to comply with the
Zero-Emission Bus Purchase Requirement starting January 1 , of the year
they exceed 200 urban buses through 2026. The owner or operator of al-
ternative fuel path transit agencies whose active urban bus fleet initially
exceeds 200 urban buses after January 1 , 2009, shall have three years to
comply with the Zero-Emission Bus Purchase Requirement starting Jan-
uary 1, of the year they exceed 200 urban buses through 2026.
(1) For transit agencies on the diesel path, in accordance with the re-
quirements in section 2023.1, a minimum 15 percent of purchase and
lease agreements, when aggregated annually, for model year 2011, or
from the start model year of Zero-Emission Bus purchases, through
model year 2026 urban buses shall be zero-emission buses.
(2) For transit agencies on the alternative-fuel path, in accordance
with the requirements in section 2023.1, a minimum 15 percent of pur-
chase and lease agreements, when aggregated annually, for model year
2012, or from the start model year of Zero-Emission Bus purchases,
through model year 2026 urban buses shall be zero-emission buses.
(3) The provisions of paragraphs (1) and (2) shall not apply if the oper-
ator's urban bus fleet is composed of 15 percent or more zero-emission
buses on January 1, 2008, for transit agencies on the diesel path, and on
January 1, 2010, for transit agencies on the alternative-fuel path, or at
any time thereafter.
(4) Earning Credits.
(A) Transit agencies on either the diesel path or alternative-fuel path
may earn credits for use in meeting the purchase requirements for zero-
emission buses specified in paragraphs (c)(1) and (c)(2) by placing zero-
emission buses in service prior to the dates specified in paragraphs (c)(1)
and (c)(2). For each zero-emission bus placed into early service and
above what is required by section 2023.3 in paragraphs (b)(2), (c)(1) and
(c)(2), credits shall be accrued according to the following table. Each
earned credit is equivalent to one zero-emission bus.
Credits per Year Placed
2011
Path
2007
2008
2009
2010
Diesel
2.5
2
1.5
1.5
Alternative-
fuel
2.5
2
2
1.5
1.5
(B) Zero-emission buses placed in service to meet the zero-emission
bus initial demonstration projects as specified in subdivision (b)(1) are
not permitted to accrue credits towards the zero-emission bus purchase
requirements, unless upgraded with technology advancements to make
them comparable to vehicles available for the advanced demonstration.
One credit shall be earned for each bus.
(C) Zero-emission buses placed in service to meet the advanced dem-
onstration projects as specified in subdivision (b)(2) can accrue purchase
credit towards the zero-emission purchase requirements. For each zero-
emission bus required by the advanced demonstration, credit shall be ac-
crued according to the following table. Each earned credit is equivalent
to one zero-emission bus.
Path Credits per Year Placed for Advanced Demonstration Zero-Emission Buses
2007 2008 2009
(d) The Air Resources Board shall review zero-emission bus technol-
ogy and the feasibility of implementing the requirements of subdivision
(c) above no later than July 2009. Based on that assessment, the Board
shall decide whether to proceed with the implementation of subdivision
(c) or adjust the requirements.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018, 43100, 43101,
43104 and 43806, Health and Safety Code. Reference: Sections 39002, 39003,
39017, 39018, 39500, 40000, 43000, 43000.5, 43009, 43013, 43018, 43102,
43801 and 43806, Health and Safety Code; and Section 28114, Vehicle Code.
History
1. Renumbering of former section 1956.3 to section 2023.3, including amendment
of section and Note filed 1-31-2006; operative 1-31-2006 pursuant to Gov-
ernment Code section 11343.4 (Register 2006, No. 5).
Page 236.26(r)
Register 2007, No. 42; 10-19-2007
Title 13
Air Resources Board
§ 2023.4
2. Amendment filed 10-15-2007: operative 1 1-14-2007 (Register 2007, No. 42).
§ 2023.4. Reporting Requirements for Transit Agencies.
(a) The following reports on new urban bus purchases and/or leases by
transit agencies on the alternative-fuel path shall be submitted as de-
scribed below:
(1) The initial report shall be submitted by January 31 , 2001, and shall
state the transit agency's intent to follow the alternative-fuel path.
(2) Any requests for deviation from the requirement that 85 percent of
buses purchased per year must be alternative-fuel buses must be sub-
mitted in writing and approved by the Executive Officer of the Air Re-
sources Board 90 days prior to purchase. The written request must in-
clude the reason for requesting the deviation from the 85 percent annual
purchase requirement and the transit agency's future planned alterna-
tive-fuel bus purchases.
(3) Each transit agency shall submit an annual report containing: the
number, manufacturer, make, and model year of engines, and fuel used
for each urban bus it currently owns or operates, urban bus purchases
and/or leases beginning January 1 , 2000, and annual average percentage
of total urban bus purchases and/or leases that were alternative-fuel
buses. The first report shall be submitted by January 31, 2001. Subse-
quent reports shall be submitted annually by January 3 1 through the year
2016. For transit agencies operating 150 or more urban buses, reports
shall be submitted annually by January 31 through the year 2027.
(b) The following reports on new urban bus purchases and/or leases
by transit agencies on the diesel path shall be submitted as described be-
low:
(1) The initial report shall be submitted by January 31, 2001, and shall
state the transit agency's intent to follow the diesel path.
(2) Each transit agency shall submit an annual report containing the
number, manufacturer, make, and model year of engines, and fuel used
for each urban bus it currently owns or operates, and urban bus purchases
and/or leases beginning January 1, 2000. The first report shall be sub-
mitted by January 3 1 , 2001 . Subsequent reports shall be submitted annu-
ally by January 31 through the year 2016. For transit agencies operating
150 or more urban buses, reports shall be submitted annually by January
31 through the year 2027.
(3) A transit agency within the jurisdiction of the South Coast Air
Quality Management District that chooses to change from the diesel path
to the alternative fuel path in accordance with paragraph (a)(2) of section
2023. 1 , title 13, CCR, must submit to the Executive Officer a letter of in-
tent to follow the alternative fuel path no later than January 3 1 , 2004. The
letter of intent shall contain a statement certifying that the transit agency
is in compliance with all provisions of the fleet rule for transit agencies
on or before January 1 , 2004.
(4) As set forth in section 2023. 1 (a)(5), transit agencies with more than
30 buses in their fleet that purchase model-years 2007 through 2009 ur-
ban buses not certified at or below 0.2 g/bhp-hr NOx emissions shall sub-
mit the following information for each urban bus purchased: the
manufacturer, make, model year of the engine of the urban bus or transit
fleet vehicle retrofitted and for each diesel emission control strategy ap-
plied, the date of installation, the device's product serial number, and its
Diesel Emission Control Strategy Family Name in accordance with the
requirements of section 2706(g)(2), title 13, CCR. The first report shall
be submitted by January 31, 2007. Subsequent reports shall be submitted
annually by January 31 through the year 2016.
(c) Each transit agency shall submit the following reports on the urban
bus NOx fleet average requirement:
(1) Initial documentation shall be submitted by January 31, 2001, and
contain, at a minimum, the active urban bus fleet NOx emission average,
and if that number exceeds the average required in subdivision (d), sec-
tion 2023.1, title 13, CCR, a schedule of actions planned to achieve that
average by October 1 , 2002, including numbers and model years of bus
purchases, retirements, retrofits, and/or repowerings, or shall indicate the
intent of the transit agency to retire all model year 1 987 and earlier buses
in its active fleet by October 1, 2002.
(2) A final report shall be submitted by January 31 , 2003, detailing the
active urban bus fleet NOx emission average as of October 1, 2002, and
actions, if any were needed, taken to achieve that standard, including
numbers and model years of bus purchases, retirements, retrofits, and/or
repowerings. or documenting the retirement of all model year 1 987 and
earlier buses.
(d) Each transit agency shall submit the following reports on the total
diesel PM emission reduction requirements for urban buses:
(1 ) An initial annual report shall be submitted by January 31 , 2003, and
shall contain, at a minimum, the following information:
(A) number, manufacturer, make, and model year of diesel-fueled,
dual-fuel, bi-fuel (except for heavy-duty pilot ignition engines), and
diesel hybrid-electric engines in urban buses in the active fleet; the PM
engine certification value of each of those bus engines; the diesel PM
emission total for the diesel buses in the active fleet; and the diesel PM
emission total for the baseline date of January 1, 2002.
(B) For each urban bus for which a diesel emission control strategy has
been applied, the device's product serial number; its Diesel Emission
Control Strategy Family Name in accordance with the requirements of
section 2706(g)(2), title 13, CCR; and the date of installation.
(2) Annual reports shall be submitted each year beginning January 3 1 ,
2004 and each January 31 thereafter, through 2009, and shall contain the
information required in paragraphs (d)(1)(A) and (B) above plus the total
percentage reduction of PM achieved from the baseline diesel PM emis-
sion total as of January 1 of each applicable year.
(e) Each transit agency shall submit the following reports for its transit
fleet vehicles:
(1) An annual report of the number, manufacturer, make, and model
year of engines and fuel used for each transit fleet vehicle it currently
owns, leases, or operates as of January 1st of each year, beginning in
2006. The first report shall be submitted by January 31 , 2006, and subse-
quent reports shall be submitted annually by January 31st through the
year 2016.
(2) For the NOx fleet average reduction requirements set forth in sec-
tion 2023.2(a):
(A) A report submitted by January 31, 2006, must contain at a mini-
mum, the transit vehicle fleet NOx emission average. If that number ex-
ceeds the average required in section 2023.2(a)(1), the report must in-
clude a schedule of actions planned to achieve compliance by December
31, 2007.
1 . If a change to the compliance schedule occurs that results in non-
compliance, the transit agency must notify the Executive Officer within
30 days.
2. Notification to the Executive Officer must include a revised sched-
ule showing how the agency will be in compliance within 90 days of the
schedule change that caused noncompliance.
(B) A report submitted by January 31, 2008, must contain, details of
the transit fleet vehicle fleet NOx emission average as of December 31,
2007, or must document the retirement of all model year 1997 and earlier
transit fleet vehicle engines by December 31, 2007.
(C) A report submitted by January 31, 2009, must contain at a mini-
mum, the transit vehicle fleet NOx emission average. If that number ex-
ceeds the average required in section 2023.2(a)(1), the report must in-
clude a schedule of actions planned to achieve compliance by December
31,2010.
1. If a change to the compliance schedule occurs that results in non-
compliance, the transit agency must notify the Executive Officer within
30 days.
2. Notification to the Executive Officer must include a revised sched-
ule showing how the agency will be in compliance within 90 days of the
schedule change that caused noncompliance.
(D) A final report submitted by January 31, 201 1 must contain details
the transit fleet vehicle fleet NOx emission average as of December 31,
2010, or must document the retirement of all model year 2001 and earlier
transit fleet vehicle engines by December 31, 2010.
Page 236.26(s)
Register 2007, No. 42; 10-19-2007
§ 2023.4
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(3) For the total diesel PM reduction requirements set forth in section
2023.2(b):
(A) An initial report submitted by January 31, 2006, must contain the
PM engine certification value of each transit fleet vehicle engine and the
transit fleet vehicle diesel PM total as of January 1, 2005.
(B) A report submitted by January 31, 2008, must contain the transit
fleet vehicle diesel PM total as of December 3 1 , 2007, and the percentage
diesel PM reduced, documenting compliance with the requirement in
section 2023.2(b)(1).
(C) A final report submitted by January 3 J . 201 J, of the transit fleet
vehicle diesel PM total as of December 31, 2010, and the percentage die-
sel PM reduced, documenting compliance with the requirement in sec-
tion 2023.2(b)(2).
(D) For each transit fleet vehicle for which a diesel emission control
strategy has been applied, each report specified above must include the
strategy's product serial number; its Diesel Emission Control Strategy
Family Name in accordance with the requirements of section 2705(g)(2),
title 13, CCR; and the date of installation correlated to a specific transit
fleet vehicle engine.
(f) The following reports on the zero-emission bus demonstration pro-
gram shall be submitted by those transit agencies required to conduct
such demonstrations, as described below:
(1) Initial documentation shall contain, at a minimum, the bus order
and delivery schedule, fuel type, type of refueling station, any planned
facility modifications, and a revenue service demonstration plan;
(2) A financial plan shall contain, at a minimum, projected expendi-
tures for capital costs for purchasing and/or leasing buses, refueling sta-
tions, any facility modifications, and projected annual operating costs;
(3) A preliminary report shall contain, at a minimum, the following in-
formation:
(A) a brief description of the zero-emission technology utilized, iden-
tification of the bus manufacturer, and the product specifications;
(B) a comparison with conventional buses on the following parame-
ters: miles driven per bus in revenue and non-revenue service, miles be-
tween propulsion related road calls, miles between road calls, availability
of bus for pull out, fuel economy, fueling costs, infrastructure costs, ini-
tial cost of bus, maintenance costs of propulsion related components,
warranty of fuel cell and propulsion related components, safety inci-
dents, and maintenance (both scheduled and unscheduled);
(C) qualitative transit personnel and passenger experience; and
(D) a financial summary of the capital costs of bus purchases and/or
leases and fueling infrastructure.
(4) A final report shall contain, at a minimum, the following informa-
tion:
(A) a brief description of the zero-emission technology utilized, iden-
tification of bus manufacturer and product specifications,
(B) a comparison with conventional buses on the following parame-
ters: miles driven per bus in revenue service, miles between propulsion
related road calls, miles between road calls, availability of bus for pull
out, fuel economy, fueling costs, infrastructure costs, initial cost of bus,
maintenance costs of propulsion related components, warranty of fuel
cell and propulsion related components, bus down time (scheduled and
unscheduled), safety incidents, driver and mechanic training conducted,
and maintenance (both scheduled and unscheduled),
(C) qualitative transit personnel and passenger experience, and
(D) a financial summary of capital costs of demonstration program, in-
cluding bus purchases and/or leases, fueling infrastructure, any new faci-
lities or modifications, and annual operating costs.
(5) Beginning 1 month after the start of a demonstration and monthly
thereafter, an update on the demonstration shall be provided to Air Re-
sources Board staff. These updates shall provide staff with zero-emis-
sion bus qualitative data on the following parameters: brief description
of each bus's operation, number of days in operation (in-service and test-
ing), bus down time (scheduled and unscheduled), reason for bus down
time, outreach events, and requests for future participation in outreach
events.
(6) Beginning 2 months after the delivery of the first bus and quarterly
thereafter, an update on the demonstration shall be provided to Air Re-
sources Board staff. These updates shall provide staff with zero-emis-
sion and conventional bus quantitative data on the following parameters:
reliability (defined as miles between propulsion related road calls), oper-
ating and maintenance costs, maintenance conducted, warranty issues,
availability of bus for pull out, fuel economy, technology performance,
bus downtime (scheduled and unscheduled), safety incidents, issues with
fueling equipment, outreach efforts, and driver and mechanic training
conducted.
(g) The following reports on new zero-emission bus purchases and/or
leases shall be submitted by transit agencies required to purchase zero-
emission buses as described below:
(1) The initial report shall contain, at a minimum, the following in-
formation:
(A) a brief description of the zero-emission technology to be utilized
and a plan for the implementation of the requirement,
(B) for an exemption from the purchase requirement, documentation
that 15 percent or more of the transit agency's active urban bus fleet is
composed of zero-emission buses.
(2) Any requests for deviation from the requirement that 15 percent of
buses purchased per year must be zero-emission buses must be sub-
mitted in writing and approved by the Executive Officer of the Air Re-
sources Board 90 days prior to a transit agency submitting a purchase or-
ders) reflecting the purchase deviation. The written request shall include
the reason for requesting the deviation and the transit agency's future
planned zero-emission bus purchases.
(3) Transit agencies on the diesel path shall include in the annual re-
ports required in paragraph (b)(2): zero-emission bus purchases and/or
leases beginning with model year 2008 and through model year 2026,
and the annual average percentage of total bus purchases and/or leases
that were zero-emission buses.
(4) Transit agencies on the alternative-fuel path shall include in the
annual reports required in paragraph (a)(3): zero-emission bus purchases
and/or leases beginning with model year 2008 and through model year
2026, and the annual average percentage of total bus purchases and/or
leases that were zero-emission buses.
(h) Transit agencies exempted from the requirements of paragraphs
(b)(5) and (c)(4), section 2023.1, title 13, CCR, shall submit annual re-
ports demonstrating that they are achieving NOx emission benefits re-
quired in paragraphs (b)(8)(B) and (c)(7)(B), section 2023.1, title 13,
CCR. The first report shall be submitted by January 31 , 2005. Subsequent
reports shall be submitted annually by January 31 through the year 2016.
(i) A transit agency requesting approval for the purchase of diesel-
fueled hybrid-electric buses pursuant to paragraph (c)(9), section
2023.1, title 13, CCR, shall:
(1) submit an application for approval that meets the requirements of
paragraphs (c)(9)(A) and (c)(9)(B), section 2023.1, title 13, CCR;
(2) include in the application all of the following: the number,
manufacturer, make and model year of diesel-fueled hybrid-electric
buses to be purchased; the schedule for the purchase and delivery of the
buses; a detailed description of all measures that will be used to offset the
excess NOx emissions including identification of the specific buses to
which the measures will be applied, and the schedule for implementing
those measures; and
(3) submit a final report to the Executive Officer within 30 days of re-
ceipt of the last diesel-fueled hybrid-electric bus that documents the
schedule of delivery of the diesel-fueled hybrid-electric buses, timing,
and completion of all measures to achieve the NOx offset.
(j) A new transit agency shall submit the following information to the
Executive Officer:
(1) within 60 days of formation, the name of the new transit agency,
its mailing address, name of a contact person and that person's e-mail ad-
dress and phone number; a description of the service area and proposed
routes; and the planned number of urban buses and transit fleet vehicles,
including model years of engines;
(2) within 120 days of formation, its NOx fleet average for its active
fleet and, separately, its transit fleet vehicles, and its diesel PM emission
total for its active fleet and, separately, its diesel PM emission total for
its transit fleet vehicles.
Page 236.26(t)
Register 2007, No. 42; 10-19-2007
Title 13
Air Resources Board
§2030
(k) Failure to submit complete reports.
(1) A transit agency that fails to submit a complete report in accor-
dance with this section is subject to civil penalties of not less than $100
per day for every day past January 31 of each reporting year through
20 1 6. For transit agencies with more than 1 50 urban buses civil penalties
of not less than $100 per day for every day past January 31 shall continue
for each reporting year through 2027.
(2) A new transit agency that fails to submit its report or required in-
formation in accordance with this section is subject to civil penalties of
not less than $1 00 per day for every day past the required reporting dates
in section 2023.4(j).
(3) A report that does not contain all required information will not be
considered complete. A report will be considered to be complete as of the
date that all required information is submitted.
NOTE: Authority cited: Sections 39600, 3960], 39659 and 39667. Health and
Safety Code. Reference: Sections 39667, 39700, 43000, 43000.5, 43013, 43018,
43801 and 43806, Health and Safety Code.
History
1. Renumbering of former section 1956.4 to section 2023.4, including amendment
of section heading, section and Note, filed 1-31-2006; operative 1-31-2006
pursuant to Government Code section 1 1343.4 (Register 2006, No. 5).
2. Change without regulatory effect amending subsection (e)(2)(c) filed
6-16-2006 pursuant to section 100, title 1, California Code of Regulations
(Register 2006, No. 24).
3. New subsection (b)(4) filed 9-7-2006; operative 10-7-2006 (Register 2006,
No. 36).
4. Amendment filed 10-15-2007; operative II- 14-2007 (Register 2007, No. 42)'.
Article 5. Approval of Systems Designed to
Convert Motor Vehicles to Use Fuels Other
Than the Original Certification Fuel or to
Convert Motor Vehicles for Emission
Reduction Credit
§ 2030. Liquefied Petroleum Gas or Natural Gas Retrofit
Systems.
(a) Applicable Standards and Test Procedures.
The standards and test procedures for approval of systems designed to
convert 1993 and earlier model year motor vehicles to use liquefied pe-
troleum gas or natural gas fuels are contained in "California Exhaust
Emission Standards and Test Procedures for Systems Designed to Con-
vert Motor Vehicles Certified for 1 993 and Earlier Model Years to Use
Liquefied Petroleum Gas or Natural Gas Fuels" adopted by the state
board on April 16, 1975, as amended November 21 , 1995. The standards
and test procedures for approval of systems designed to convert 1 994 and
subsequent model year motor vehicles to use liquefied petroleum gas or
natural gas fuels are contained in "California Certification and Installa-
tion Procedures for Alternative Fuel Retrofit Systems for Motor Vehicles
Certified for 1994 and Subsequent Model Years and for all Model Year
Motor Vehicle Retrofit Systems Certified for Emission Reduction Cred-
it," adopted by the State Board March 11, 1993, as amended September
25, 1997. At the option of the retrofit system manufacturer, the standards
and test procedures for approval of systems designed to convert 1994 and
subsequent model year vehicles to use liquefied petroleum gas or natural
gas fuels may be used for approval of systems designed to convert 1993
[The next page is 236.27.]
Page 236.26(t)(l)
Register 2007, No. 42; 10-19-2007
Title 13
Air Resources Board
§2031
and earlier model year motor vehicles to use liquefied petroleum gas or
natural gas fuels in lieu of the "California Exhaust Emission Standards
and Test Procedures for Systems Designed to Convert Motor Vehicles
Certified for 1993 and Earlier Model Years to Use Liquefied Petroleum
Gas or Natural Gas Fuels."
(b) Implementation Phase-In Schedule.
Notwithstanding subsection (a), a retrofit system manufacturer may
apply "California Exhaust Emission Standards and Test Procedures for
Systems Designed to Convert Motor Vehicles Certified for 1 993 and Ear-
lier Model Years to Use Liquefied Petroleum Gas or Natural Gas Fuels"
to certify retrofit systems for 1 994 and 1 995 model-year vehicles in ac-
cordance with the following implementation phase-in schedule. Each
manufacturer may certify a maximum of 85 percent of its total 1 994 mo-
del-year engine family retrofit systems, 45 percent of its total 1995 mo-
del-year systems, and 45 percent of its total 1996 model-year systems,
according to the requirements of these test procedures and "California
Exhaust Emission Standards and Test Procedures for Systems Designed
to Convert Motor Vehicles Certified for 1993 and Earlier Model Years
to Use Alcohol or Alcohol/Gasoline Fuels", adopted by the State Board
on April 28, 1983, as amended November 21, 1995. The remaining per-
centage of each manufacturer's certified 1994, 1995, and 1996 model-
year engine family retrofit systems and all of 1997 and subsequent mo-
del-year engine family retrofit systems shall be certified according to
"California Certification and Installation Procedures for Alternative Fuel
Retrofit Systems For Motor Vehicles Certified For 1994 and Subsequent
Model Years and for all Model Year Motor Vehicle Retrofit Systems
Certified for Emission Reduction Credit." The percentages shall be de-
termined from the total number of retrofit systems certified and shall be
met prior to the end of the next respective calendar year. "California Ex-
haust Emission Standards and Test Procedures for Systems Designed to
Convert Motor Vehicles Certified for 1993 and Earlier Model Years to
Use Liquefied Petroleum Gas or Natural Gas Fuels" shall not be applied
to certify a retrofit system for installation on a transitional low-emission
vehicle ("TLEV)", low-emission vehicle ("LEV)", or ultra-low-emis-
sion vehicle ("ULEV)" or to certify a retrofit system designed to convert
a vehicle to TLEV, LEV, or ULEV emission standards (as defined in Sec-
tion 1960.1, Title 13, California Code of Regulations), or to certify a ret-
rofit system for emission reduction credits.
NOTE: Authority cited: Sections 39515, 39600, 39601 and 43006, Health and
Safety Code. Reference: Sections 43000. 43004, 43006, 43008.6, 43013 and
43108, Health and Safety Code; and Sections 27156, 38391 and 38395, Vehicle
Code.
History
1. Amendment filed 4-28-75; effective thirtieth day thereafter (Register 75, No.
18).
2. Amendment filed 3-16-77; effective thirtieth day thereafter (Register 77, No.
12).
3. Amendment filed 5-21-81; effective thirtieth day thereafter (Register 81, No.
21).
4. Amendment of Article 5 and Section 2030 headings filed 6-2-83; effective thir-
tieth day thereafter (Register 83, No. 23).
5. Amendment filed 10-18-84; effective thirtieth day thereafter (Register 84. No.
42).
6. Amendment of section heading, text and Note filed 5-7-93; operative 6-7-93
(Register 93, No. 19).
7. Amendment of subsection (a) filed 6-8-95; operative 6-8-95 pursuant to Gov-
ernment Code section 1 1343.4(d) (Register 95, No. 23).
8. Amendment of article 5 heading and subsections (a) and (b) filed 2-5-96; opera-
tive 3-6-96 (Register 96, No. 6).
9. Amendment of subsection (a) filed 9-25-97; operative 9-25-97 pursuant to
Government Code section 1 1343.4(d) (Register 97, No. 39).
§ 2031 . Alcohol or Alcohol/Gasoline Fuels Retrofit
Systems.
(a) Applicable Standards and Test Procedures.
The standards and test procedures for approval of systems designed to
convert 1 993 and earlier model year motor vehicles to use alcohol or alc-
ohol/gasoline fuels in lieu of the original certification fuel system are
contained in "California Exhaust Emission Standards and Test Proce-
dures for Systems Designed to Convert Motor Vehicles Certified for
1993 and Earlier Model Years to Use Alcohol or Alcohol/Gasoline
Fuels," adopted by the State Board April 28, 1 983 as amended November
21, 1995. The standards and test procedures for approval of systems de-
signed to convert 1994 and subsequent model year motor vehicles to use
alcohol or alcohol/gasoline fuels are contained in "California Certifica-
tion and Installation Procedures for Alternative Fuel Retrofit Systems for
Motor Vehicles Certified for 1994 and Subsequent Model Years and for
all Model Year Motor Vehicle Retrofit Systems Certified for Emission
Reduction Credit," adopted by the Slate Board March 11, 1993, as
amended September 25, 1997. At the option of the retrofit system man-
ufacturer, the standards and test procedures for approval of systems de-
signed to convert 1994 and subsequent model year motor vehicles to use
alcohol or alcohol/gasoline fuels may be used for approval of systems de-
signed to convert 1993 and earlier model year motor vehicles to use alco-
hol or alcohol/gasoline fuels in lieu of the "California Exhaust Emission
Standards and Test Procedures for Systems Designed to Convert Motor
Vehicles Certified for 1993 and Earlier Model Years to Use Alcohol or
Alcohol/Gasoline Fuels."
(b) Implementation Phase-In Schedule.
Notwithstanding subsection (a), a retrofit system manufacturer may
apply "California Exhaust Emission Standards and Test Procedures for
Systems Designed to Convert Motor Vehicles Certified for 1 993 and Ear-
lier Model Years to Use Alcohol or Alcohol/Gasoline Fuels" to certify
retrofit systems for 1994 and 1995 model-year vehicles in accordance
with the following implementation phase-in schedule. Each manufactur-
er may certify a maximum of 85 percent of its total 1994 model-year en-
gine family retrofit systems, 45 percent of its total 1995 model-year sys-
tems, and 45 percent of its total 1996 model-year systems, according to
the requirements of these test procedures and the "California Exhaust
Emission Standards and Test Procedures for Systems Designed to Con-
vert Motor Vehicles Certified for 1993 and Earlier Model Years to Use
Liquefied Petroleum Gas or Natural Gas Fuels," adopted by the State
Board on April 16, 1975, as amended November 21, 1995. The remain-
ing percentage of each manufacturer's certified 1994, 1995, and 1996
model-year engine family retrofit systems and all of 1997 and subse-
quent model-year engine family retrofit systems shall be certified ac-
cording to "California Certification and Installation Procedures for Al-
ternative Fuel Retrofit Systems For Motor Vehicles Certified For 1994
and Subsequent Model Years and for all Model Year Motor Vehicle Ret-
rofit Systems Certified for Emission Reduction Credit." The percentages
shall be determined from the total number of retrofit systems certified
and shall be met prior to the end of the next respective calendar year.
"California Exhaust Emission Standards and Test Procedures for Sys-
tems Designed to Convert Motor Vehicles Certified for 1 993 and Earlier
Model Years to Use Alcohol or Alcohol/Gasoline Fuels" shall not be
applied to certify a retrofit system for installation on a transitional low-
emission vehicle ("TLEV"), low-emission vehicle ("LEV"), or ultra-
low-emission vehicle ("ULEV") or to certify a retrofit system designed
to convert a vehicle to TLEV, LEV, or ULEV emission standards (as de-
fined in Section 1960.1, Title 13, California Code of Regulations), or to
certify a retrofit system for emission reduction credits.
NOTE: Authority cited: Sections 39515, 39600, 39601 and 43006, Health and
Safety Code. Reference: Sections 43000, 43004, 43006, 43008.6, 43013 and
43108, Health and Safety Code; and Sections 27156, 38391 and 38395, Vehicle
Code.
History
1. New section filed 6-2-83; effective thirtieth day thereafter (Register 83, No.
23).
2. Amendment of section heading, text and Note filed 5-7-93; operative 6-7-93
(Register 93, No. 19).
3. Amendment of subsection (a) filed 6-8-95; operative 6-8-95 pursuant to Gov-
ernment Code section 1 1343.4(d) (Register 95, No. 23).
4. Amendments of subsections (a) and (b) filed 2-5-96; operative 3-6-96 (Regis-
ter 96, No. 6).
5. Amendment of subsection (a) filed 9-25-97; operative 9-25-97 pursuant to
Government Code section 1 1343.4(d) (Register 97, No. 39).
Page 236.27
Register 2007, No. 45; 11-9-2007
§2035
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
Article 6. Emission Control System
Warranty
§ 2035. Purpose, Applicability, and Definitions.
(a) Purpose.
The purpose of this article is to interpret and make specific the statuto-
ry emissions warranty set forth in Health and Safety Code sections
43205, and 43205.5 by clarifying the rights and responsibilities of indi-
vidual motor vehicle and motor vehicle engine owners, motor vehicle
and motor vehicle engine manufacturers, and the service industry.
(b) Applicability.
This article shall apply to:
(1) California-certified 1979 and subsequent model motorcycles, pas-
senger cars, light-duty trucks, medium-duty vehicles, and heavy-duty
vehicles, registered in California, regardless of their original point of reg-
istration; and
(2) California certified motor vehicle engines used in such vehicles.
(c) Definitions.
For the purposes of this article, the following definitions shall apply:
(1) "Warrantable condition" means any condition of a vehicle or en-
gine which triggers the responsibility of the manufacturer to take correc-
tive action pursuant to sections 2036, 2037, or 2038.
(2) "Warranted Part' means:
(A) in the case of 1 979 through 1989 model year passenger cars, light-
duty trucks, and medium-duty vehicles, 1979 and later model year mo-
torcycles and heavy-duty vehicles, and 1990 and subsequent model year
passenger cars, light-duty trucks, and medium duty vehicles produced
before January 24, 1991, any emission-related part installed on a motor
vehicle or motor vehicle engine by the vehicle or engine manufacturer,
or installed in a warranty repair, which is included on the "Emissions
Warranty Parts List" required by section 2036(f) and approved for the ve-
hicle or engine by the Executive Officer; and
(B) in the case of 1990 and subsequent model year passenger cars,
light-duty trucks, and medium-duty vehicles other than those identified
in subparagraph (A) of this definition, any part installed on a motor ve-
hicle or motor vehicle engine by the vehicle or engine manufacturer, or
installed in a warranty repair, which affects any regulated emission from
a motor vehicle or engine which is subject to California emission stan-
dards.
(3) "Warranty period" means the period of time and mileage that the
vehicle, engine, or part are covered by the warranty provisions.
(4) "Warranty station" means a service facility authorized by the ve-
hicle or engine manufacturer to perform warranty repairs. This shall in-
clude all of the manufacturer's dealerships which are franchised to ser-
vice the subject vehicles or engines.
(5) "Vehicle or engine manufacturer" means the manufacturer granted
certification for a motor vehicle or motor vehicle engine. In the case of
motor vehicles for which certification of the exhaust and evaporative
emissions control systems is granted to different manufacturers, the war-
ranty responsibility shall be assigned accordingly.
NOTE: Authority cited: Sections 39600 and 39601, Health and Safety Code. Ref-
erence: Sections 43106, 43204, 43205, and 43205.5, Health and Safety Code.
History
1. New section filed 1-16-79; effective thirtieth day thereafter (Register 79, No.
3).
2. Amendment of subsection (c) filed 12-27-83; effective thirtieth day thereafter
(Register 83, No. 53).
3. Amendment filed 3-26-85; effective thirtieth day thereafter (Register 85, No.
13).
4. Amendment filed 11-26-90; operative 12-26-90 (Register 91, No. 3).
5. Redesignation of former subsection (b)(a) as subsection (b)(1), redesignation
and amendment of subsections (c)(2)(a)-(b) as subsections (c)(2)(A)-(B) and
amendment of Note filed 1 1-9-2007; operative 1 1-9-2007 pursuant to Gov-
ernment Code section 11343.4 (Register 2007, No. 45).
§ 2036. Defects Warranty Requirements for 1979 Through
1989 Model Passenger Cars, Light-Duty
Trucks, and Medium-Duty Vehicles; 1979 and
Subsequent Model Motorcycles and
Heavy-Duty Vehicles; and Motor Vehicle
Engines Used in Such Vehicles.
(a) Applicability.
This section shall apply to 1979 through 1989 model passenger cars,
light-duty taicks, and medium-duty vehicles; 1979 and subsequent
model motorcycles and heavy-duty vehicles; and motor vehicle engines
used in such vehicles. The warranty period shall begin on the date the ve-
hicle is delivered to an ultimate purchaser, or if the vehicle is first placed
in service as a "demonstrator" or "company" car prior to delivery, on the
date it is first placed in service.
(b) General Emissions Warranty Coverage.
The manufacturer of each motor vehicle or motor vehicle engine shall
warrant to the ultimate purchaser and each subsequent purchaser that the
vehicle or engine is:
(1) Designed, built, and equipped so as to conform, at the time of sale,
with all applicable regulations adopted by the Air Resources Board pur-
suant to its authority in chapters 1 and 2, part 5, division 26 of the Health
and Safety Code; and
(2) Free from defects in materials and workmanship which cause the
failure of a warranted part to be identical in all material respects to that
part as described in the vehicle or engine manufacturer's application for
certification.
(c) Warranty Period.
The warranty period applicable to this section shall be:
(1) In the case of Class I motorcycles and motorcycle engines (50 to
169 cc or 3.1 to 10.4 cu. in.), a period of use of five years or 12,000 kilo-
meters (7,456 miles), whichever first occurs.
(2) In the case of Class II motorcycles and motorcycle engines (170 to
279 cc or 10.4 to 17.1 cu. in.), a period of use of five years or 18,000 kilo-
meters (11,185 miles), whichever first occurs.
(3) In the case of Class III motorcycles and motorcycle engines (280
cc and larger or 17.1 cu. in. and larger), a period of use of five years or
30,000 kilometers (18,641 miles), whichever first occurs.
(4) In the case of diesel-powered heavy-duty vehicles (except me-
dium-duty vehicles), and motor vehicle engines used in such vehicles,
a period of use of five years, 100,000 miles, or 3000 hours of operations,
whichever first occurs. However, in no case may this period be less than
the basic mechanical warranty that the manufacturer provides (with or
without additional charge) to the purchaser of the engine. Extended war-
ranties on select parts do not extend the emissions warranty requirements
for the entire engine but only for those parts. In cases where responsibility
for an extended warranty is shared between the owner and the manufac-
turer, the emissions warranty shall also be shared in the same manner as
specified in the warranty agreement.
(5) In the case of passenger cars, light-duty trucks, and medium-duty
vehicles certified under the optional 100,000-mile certification proce-
dure, and motor vehicle engines used in such vehicles, a period of use of
ten years or 100,000 miles, whichever first occurs, except as otherwise
provided in this paragraph. In the case of diesel particulate control system
components on the 1985 and subsequent model passenger cars, light-
duty trucks, and medium-duty vehicles certified under the optional
100,000-mile certification procedure, the warranty period means five
years or 50,000 miles, whichever first occurs, for failures of such compo-
nents which do not result in the failure of any other warranted part to per-
form as designed during the warranty period of the vehicle, and ten years
or 100,000 miles, whichever first occurs, for all other failures.
(6) In the case of vehicles certified to the optional emission standards
pursuant to Health and Safety Code section 43101.5(a), which are sold
on or after January 1, 1983, for fuel metering and ignition components
contained in the state board's "Emissions Warranty Parts List", dated De-
cember 14, 1978, as amended February 22, 1985, a period of use of two
Page 236.28
Register 2007, No. 45; 11-9-2007
Title 13
Air Resources Board
§2036
years or 24,000 miles, whichever first occurs, and for all other warranted
parts, a period of use of five years or 50,000 miles, whichever first occurs.
(7) In the case of all other passenger cars, light-duty trucks, and me-
dium-duty vehicles, a period of use of five years or 50,000 miles, which-
ever first occurs.
(8) In the case of heavy-duty vehicles and motor vehicle engines used
in such vehicles, (except for diesel-powered heavy-duty vehicles or all
medium-duty vehicles, and motor vehicle engines used in such ve-
hicles,) a period of use of five years or 50,000 miles, whichever first oc-
curs. However, in no case may this period be less than the basic mechani-
cal warranty period that the manufacturer provides (with or without
additional charge) to the purchaser of the engine. Extended warranties on
select parts do not extend the emissions warranty requirements for the en-
tire engine but only for those parts. In cases where responsibility for an
extended warranty is shared between the owner and the manufacturer, the
emissions warranty shall also be shared in the same manner as specified
in the warranty agreement.
(d) Subject to the conditions and exclusions of subsection (j), the war-
ranty on emissions-related parts shall function as follows:
(1) Any warranted part which is not scheduled for replacement as re-
quired maintenance in the written instructions required by subsection (e)
shall be warranted for the warranty period defined in subsection (c). If
any such part fails during the warranty period, it shall be repaired or re-
placed by the vehicle or engine manufacturer according to subsection (4)
below. Any such part repaired or replaced under warranty shall be war-
ranted for the remaining warranty period.
(2) Any warranted part which is scheduled only for regular inspection
in the written instructions required by subsection (e) shall be warranted
for the warranty period defined in subsection (c). A statement in such
written instructions to the effect of "repair or replace as necessary" shall
not reduce the period of warranty coverage. Any such part repaired or re-
placed under warranty shall be warranted for the remaining warranty pe-
riod.
(3) Any warranted part which is scheduled for replacement as required
maintenance in the written instructions required by subsection (e) shall
be warranted for the period of time or mileage, whichever first occurs,
prior to the first scheduled replacement point for that part. If the part fails
before the first scheduled replacement point, the part shall be repaired or
replaced by the vehicle or engine manufacturer according to subsection
(4) below. Any such part repaired or replaced under warranty shall be
warranted for the remainder of the period prior to the first scheduled re-
placement point for the part.
(4) Repair or replacement of any warranted part under the warranty
provisions of this article shall be performed at no charge to the vehicle
or engine owner, at a warranty station, except in the case of an emergency
when a warranted part or a warranty station is not reasonably available
to the vehicle or engine owner. In an emergency, repairs may be per-
formed at any available service establishment, or by the owner, using any
replacement part. The manufacturer shall reimburse the owner for his or
her expenses including diagnostic charges for such emergency repair or
replacement, not to exceed the manufacturer's suggested retail price for
all warranted parts replaced and labor charges based on the manufactur-
er's recommended time allowance for the warranty repair and the geo-
graphically appropriate hourly labor rate. Heavy-duty vehicle and en-
gine manufacturers shall establish reasonable emergency repair
procedures which may differ from those specified in this subsection. A
vehicle or engine owner may reasonably be required to keep receipts and
failed parts in order to receive compensation for warranted repairs reim-
bursable due to an emergency, provided the manufacturer's written in-
structions advise the owner of his obligation.
(5) Notwithstanding the provisions of subsection (4), warranty ser-
vices or repairs shall be provided at all of a manufacturer's dealership
which are franchised to service the subject vehicles or engines.
(6) The vehicle or engine owner shall not be charged for diagnostic la-
bor which leads to the determination that a warranted part is in fact defec-
tive, provided that such diagnostic work is performed at a warranty sta-
tion.
(7) The vehicle or engine manufacturer shall be liable for damages to
other vehicle components proximately caused by a failure under warran-
ty any warranted part.
(8) Throughout the vehicle or engine's warranty period defined in sub-
section (b), the vehicle or engine manufacturer shall maintain a supply
of warranted parts sufficient to meet the expected demand for such parts.
The lack of availability of such parts or the incompleteness of repairs
within a reasonable time period, not to exceed 30 days from the time the
vehicle or engine is initially p resented to the warranty station for repair,
shall constitute an emergency for purposes of subsection (4).
(9) Any replacement part may be used in the performance of any main-
tenance or repairs. Any replacement part designated by a manufacturer
may be used in warranty repairs provided without charge to the vehicle
owner. Such use shall not reduce the warranty obligations of the vehicle
or engine manufacturer, except that the vehicle or engine manufacturer
shall not be liable under this article for repair or replacement of any re-
placement part which is not a warranted part (except as provided under
subsection (7)).
(10) Any add-on or modified part exempted by the Air Resources
Board from the prohibitions of Vehicle Code section 27156 may be used
on a vehicle or engine. Such use, in and of itself, shall not be grounds for
disallowing a warranty claim made in accordance with this article. The
vehicle or engine manufacturer shall not be liable under this article to
warrant failures of warranted parts caused by the use of an add-on or mo-
dified part.
(11) The Executive Officer may request and, in such case, the vehicle
or engine manufacturer shall provide, any documents which describe that
manufacturer's warranty procedures or policies.
(e) Commencing with 1980 models sold on or after September 1 , 1 979,
each manufacturer shall furnish with each new vehicle or engine written
instructions for the maintenance and use of the vehicle or engine by the
owner, which instructions shall be consistent with this article and appli-
cable regulations in article 2 of this subchapter.
(f) Commencing with 1 980 models sold on or after September 1 , 1 979,
each manufacturer shall furnish with each new vehicle or engine a list of
the warranted parts installed on that vehicle or engine. The list shall in-
clude those parts included on the Air Resources Board "Emissions War-
ranty Parts List," dated December 14, 1978, as amended on February 22,
1985, and incorporated herein by reference.
(g) Except for 1980 and 1981 model motorcycles, each manufacturer
shall submit the documents required by sections (e) and (f), with the man-
ufacturer's preliminary application for new vehicle or engine certifica-
tion for approval by the Executive Officer. The Executive Officer may
reject or require modification of the manufacturer's list of warranted
parts to ensure that each such list is of proper scope and also may reject
or require modification of any of the documents required by subsection
(e). Approval by the Executive Officer of the documents required by sub-
sections (e) and (f), shall be a condition of certification. The Executive
Officer shall approve or disapprove the documents required by subsec-
tions (e) and (f), within 90 days of the date such documents are received
from the manufacturer. Any disapproval shall be accompanied by a state-
ment of the reasons therefore. In the event of disapproval, the manufac-
turer may petition the Board to review the decision of the Executive Offi-
cer.
(h) Notwithstanding subsection (f), the Executive Officer may delete
any part from a manufacturer's list of warranted parts provided in the
manufacturer demonstrates to the Executive Officer's satisfaction that:
(1) Failure of such part will not increase the emissions of any vehicle
or engine on which it is installed, and
(2) Any deterioration of driveability or performance which results
from failure of the part could not be corrected by adjustments or modifi-
cations to other vehicle components.
(i) Vehicle Inspection Program.
Page 236.29
Register 2007, No. 45; 11-9-2007
§ 2037
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
This subsection shall apply to passenger cars, light-duty trucks, me-
dium-duty and heavy-duty vehicles and motorcycles required to be in-
spected pursuant to any California statutorily authorized motor vehicle
emissions inspection and maintenance program. The provisions of this
section shall be contained in the warranty statement required pursuant to
section 2039.
( 1 ) The owner of a vehicle which fails the inspection during its warran-
ty period may choose to have the vehicle repaired at a warranty station.
(A) If the warranty station identifies that the inspection failure was
caused by the failure or malfunction of a warranted part, than the vehicle
manufacturer shall be liable for expenses involved in detecting and cor-
recting the part failure or malfunction, unless the warranty station dem-
onstrates that the part failure or malfunction was caused by abuse, ne-
glect, or improper maintenance as specified in subsection (j)(l), or was
caused by an adjustment not covered by warranty as specified in subsec-
tion (j)(2).
(B) If the warranty station demonstrates that the inspection failure was
caused by one or more conditions executed from warranty coverage pur-
suant to subsection (j), the vehicle owner shall be liable for all diagnostic
and repair expenses. Such expenses shall not exceed the maximum repair
costs permissible under the inspection program.
(C) If the warranty station identifies that the inspection failure was
caused by one or more defects covered under warranty pursuant to these
regulations and in combination with one or more conditions excluded
from warranty coverage pursuant to subsection (j), than the vehicle own-
er shall not be charged for the diagnostic and repair costs related to detect-
ing and repairing the warrantable defects.
(2) In the alternative, the owner of a vehicle which fails an inspection
may choose to have the vehicle repaired at other than a warranty station.
If a warrantable defect is found, the vehicle owner may deliver the ve-
hicle to a warranty station and have the defect corrected free of charge.
The vehicle manufacturer shall not be liable for any expenses incurred
at a service establishment not authorized to perform warranty repairs, ex-
cept in the case of an emergency as specified in subsection (d)(4). If the
vehicle owner chooses to have the warrantable defect repaired at other
than a warranty station, the upper cost limit pursuant to Health and Safety
Code section 44017 shall not apply to the repair.
(j) Exclusions.
( 1 ) The repair or replacement of any warranted part otherwise eligible
for warranty coverage under subsection (d) or (i), shall be excluded for
such warranty coverage if the vehicle or engine manufacturer demon-
strates that the vehicle or engine has been abused, neglected, or improp-
erly maintained, and that such abuse, neglect, or improper maintenance
was the direct cause of the need for the repair or replacement of the part.
(2) The following adjustments to warranted parts are excluded from
warranty coverage under subsection (d) or (i); the idle air/fuel mixture
ratio (for 1 979 model passenger cars, and 1 979 and 1 980 model light-du-
ty trucks and medium-duty vehicles), curb or high idle speed, ignition
timing, valve lash, injection timing for diesel-powered vehicles, or any
combination thereof.
(3) Except as provided in subsection (1) above, any adjustment of a
component which as a factory installed, and properly operating, adjust-
ment limiting device (such as an idle limiter cap) is eligible for warranty
coverage under subsection (d) or (i).
NOTE: Authority cited: Sections 39600 and 39601, Health and Safety Code. Ref-
erence: Sections 43106, 43204, 43205.5, 44004, 44010, 4401 1, 44012, 44015, and
44017, Health and Safety Code.
History
1. New section filed 1-16-79; effective thirtieth day thereafter (Register 79, No.
3).
2. Amendment of subsection (c) filed 12-27-83; effective thirtieth day thereafter
(Register 83, No. 53).
3. Amendment of subsection (c) filed 3-26-85; effective thirtieth day thereafter
(Register 85, No. 13).
4. Amendment filed 11-26-90; operative 12-26-90 (Register 91, No. 3).
5. Amendment of subsections (c)(4) and (c)(7) and new subsection (c)(8) filed
4-15-99; operative 5-15-99 (Register 99, No. 16).
§ 2037. Defects Warranty Requirements for 1 990 and
Subsequent Model Passenger Cars, Light-Duty
Trucks, Medium-Duty Vehicles, and Motor
Vehicle Engines Used in Such Vehicles.
(a) Applicability.
This section shall apply to 1990 and subsequent model passenger cars,
light-duty trucks, medium-duty vehicles, and motor vehicle engines
used in such vehicles. The warranty period shall begin on the date the ve-
hicle is delivered to an ultimate purchaser, or if the vehicle is first placed
in service as a "demonstrator" or "company" car prior to delivery, on the
date it is first placed in service.
(b) General Emissions Warranty Coverage.
The manufacturer of each motor vehicle or motor vehicle engine shall
warrant to the ultimate purchaser and each subsequent purchaser that the
vehicle or engine is:
(1) Designed, built, and equipped so as to conform with all applicable
regulations adopted by the Air Resources Board pursuant to its authority
in chapters 1 and 2, part 5, division 26 of the Health and Safety Code; and
(2) Free from defects in materials and workmanship which cause the
failure of a warranted part to be identical in all material respects to the
part as described in the vehicle or engine manufacturer's application for
certification, including any defect in materials or workmanship which
would cause the vehicle's on-board diagnostic malfunction indicator
light to illuminate, for a period of three years or 50,000 miles, whichever
first occurs; and
(3) Free from defects in materials and workmanship which cause the
failure of a warranted part described in section (c) below for seven years
or 70,000 miles, whichever first occurs.
(c) "High-Priced" Warranted Parts.
(1) Each manufacturer shall identify in its application for certification
the "high-priced" warranted parts which are:
(A) For 1990 through 2007 model year vehicles: [i] included on the
Board's "Emissions Warranty Parts List" as last amended February 22,
1985, incorporated herein by reference, and; [ii] have an individual re-
placement cost at the time of certification exceeding the cost limit de-
fined in section (c)(3);
(B) For 2008 and subsequent model year vehicles: [i] subject to cover-
age as a warranted part in section (b)(2) above, and; [ii] have an individu-
al replacement cost at the time of certification exceeding the cost limit
defined in section (c)(3).
(2) The replacement cost shall be the retail cost to a vehicle owner and
include the cost of the part, labor, and standard diagnosis. The costs shall
be those of the highest-cost metropolitan area of California.
(3) The cost limit shall be calculated using the following equation:
Cost limitn = $300 x (CPIn_2 / 1 18.3)
where:
Cost limitn is tne cost limit for the applicable model year of the ve-
hicle rounded to the nearest ten dollars,
n is the model year of the new vehicles.
n-2 is the calendar year two years prior to the model year of the
new vehicles.
CPI is the annual average nationwide urban consumer price index
published by the United States Bureau of Labor Statistics.
(4) The cost limit shall be revised annually by the Executive Officer.
The highest-cost metropolitan area in California shall be identified by
the Executive Officer for use in this section. If a manufacturer seeks certi-
fication of a vehicle before the applicable annual average CPI is avail-
able, the cost limit shall be calculated using the average of the monthly
nationwide urban CPI figures for the most recent twelve month period for
which figures have been published by the United States Bureau of Labor
Statistics.
(5) Each manufacturer shall submit to the Executive Officer the docu-
mentation used to identify the "high-priced" warranted parts required in
this section. The documentation shall include the estimated retail parts
costs, labor rates in dollars per hour, and the labor hours necessary to
Page 236.30
Register 2007, No. 45; 11-9-2007
Title 13
Air Resources Board
§2037
•
•
diagnose and replace the parts. The documentation is not required for ve-
hicles certified before January 24, 1991.
(6) The Executive Officer may reject or require modification of the
manufacturer's list of "high-priced" warranted parts to ensure that such
list includes all emission-related parts whose replacement cost exceeds
the cost limit defined in section (c)(3)
(d) Subject to the conditions and exclusions of section (i), the warranty
on emission-related parts shall be interpreted as follows:
(1) Any warranted part which is not scheduled for replacement as re-
quired maintenance in the written instructions required by section (e)
shall be warranted for the applicable warranty period defined in section
(b)(2) or (3). If any such part fails during the period of warranty coverage,
it shall be repaired or replaced by the vehicle or engine manufacturer ac-
cording to section (d)(4) below. Any such part repaired or replaced under
the warranty shall be warranted for the remaining warranty period.
(2) Any warranted part which is scheduled only for regular inspection
in the written instructions required by section (e) shall be warranted for
the applicable warranty period defined in section (b)(2) or (3). A state-
ment in such written instaictions to the effect of "repair or replace as nec-
essary" shall not reduce the period of warranty coverage. Any such part
required or replaced under warranty shall be warranted for the remaining
warranty period.
(3) Any warranted part which is scheduled for replacement as required
maintenance in the written instructions required by section (e) shall be
warranted for the period of time or mileage, whichever first occurs, prior
to the first scheduled replacement point for that part. If the part fails prior
to the first scheduled replacement, the part shall be repaired or replaced
by the vehicle or engine manufacturer according to section (d)(4) below.
Any such part required or replaced under warranty shall be warranted for
the remainder of the period prior to the first scheduled replacement point
for the part.
(4) Repair or replacement of any warranted part under the warranty
provisions of this article shall be performed at no charge to the vehicle
or engine owner at a warranty station, except in the case of an emergency
when a warranted part or a warranty station is not reasonably available
to the vehicle or engine owner. In an emergency, repairs may be per-
formed at any available service establishment, or by the owner, using any
replacement part. The manufacturer shall reimburse the owner for his or
her expenses including diagnostic charges for such emergency repair or
replacement, not to exceed the manufacturer's suggested retail price for
all warranted parts replaced and labor charges based on the manufactur-
er's recommended time allowance for the warranty repair and the geo-
graphically appropriate hourly labor rate. A vehicle or engine owner may
reasonably be required to keep receipts and failed parts in order to receive
compensation for warranted repairs reimbursable due to an emergency,
provided the manufacturer's written instructions required by section (e)
advise the owner of this obligation.
(5) Notwithstanding the provisions of subsection (d)(4) above, war-
ranty services or repairs shall be provided at all of a manufacturer's deal-
erships which are franchised to service the subject vehicles or engines.
(6) The vehicle or engine owner shall not be charged for diagnostic la-
bor which leads to the determination that a warranted part is defective,
provided that such diagnostic work is performed at a warranty station.
(7) The vehicle or engine manufacturer shall be liable for damages to
other vehicle components proximately caused by a failure under warran-
ty of any warranted part.
(8) Throughout the vehicle or engine' s warranty period defined in sec-
tion (b)(2) and (b)(3), the vehicle or engine manufacturer shall maintain
a supply of warranted parts sufficient to meet the expected demand for
such parts. The lack of availability of such parts or the incompleteness
of repairs within a reasonable time period, not to exceed 30 days from the
time the vehicle or engine is initially presented to the warranty station for
repair, shall constitute an emergency for purposes of section (d)(4)
above.
(9) Any replacement part may be used in the performance of any main-
tenance or repairs. Any replacement part designated by a manufacturer
may be used in warranty repairs provided without charge to the vehicle
owner. Such use shall not reduce the warranty obligations of the vehicle
or engine manufacturer, except that the vehicle or engine manufacturer
shall not be liable under this article for repair or replacement of any re-
placement part which is not a warranted part (except as provided under
section (d)(7) above).
(10) Any add-on or modified part exempted by the Air Resources
Board from the prohibitions of Vehicle Code section 27156 may be used
on a vehicle or engine. Such use, in and of itself, shall not be grounds for
disallowing a warranty claim made in accordance with this article. The
vehicle or engine manufacturer shall not be liable under this article to
warrant failures of warranted parts caused by the use of such an add-on
or modified part.
(11) The Executive Officer may request and, in such case, the vehicle
or engine manufacture shall provide, any documents which describe the
manufacturer's warranty procedures or policies.
(e) Each manufacturer shall furnish with each new vehicle or engine,
written instructions for the maintenance and use of the vehicle or engine
by the owner, and the instructions shall be consistent with this article and
applicable regulations in article 2 of this subchapter.
(f) Each manufacturer shall furnish with each new vehicle or engine
a list of the "high-priced" warranted parts established by section (c).
(g) Prior to the 2001 model year, each manufacturer shall submit the
documents required by sections (c)(5), (e), and (f) with the manufactur-
er's preliminary application for new vehicle or engine certification for
approval by the Executive Officer. For 2001 and subsequent model
years, each manufacturer shall submit the documents required by section
(c)(5), (e), and (f) with the Part 2 Application for Certification pursuant
to the "California Exhaust Emission Standards and Test Procedures for
2001 and Subsequent Model Passenger Cars, Light-Duty Trucks, and
Medium-Duty Vehicles," incorporated by reference in title 13, CCR sec-
tion 1961(d). The Executive Officer may reject or require modification
of any of the documents required by sections (c), (e), and (f) for, among
other reasons, incompleteness and lack of clarity. Approval by the Ex-
ecutive Officer of the documents required by sections (c), (e), and (f)
shall be a condition of certification. The Executive Officer shall approve
or disapprove the documents required by sections (c), (e), and (f) within
90 days of the date such documents are received from the manufacturer.
Any disapproval shall be accompanied by a statement of the reasons
thereof. In the event of disapproval, the manufacturer may petition the
Board to review the decision of the Executive Officer.
(h) Vehicle Inspection Program.
(1) This section applies to 1990 and subsequent model passenger cars,
light-duty trucks, and medium-duty vehicles which fail to pass a smog
check inspection pursuant to Health and Safety Code section 44012 after
the warranty period of three years or 50,000 miles, whichever occurs
first, has expired, but before the warranty period of seven years or 70,000
miles, whichever occurs first, has expired. The provisions of this section
shall be contained in the warranty statement required pursuant to title 13,
CCR section 2039.
(2) The owner of a vehicle which fails an inspection during the period
described in section (h)(1) may choose to have the vehicle repaired at a
warranty station.
(A) If the warranty station identifies that the inspection failure was
caused by the failure or malfunction of a "high-priced" part defined in
section (c), then the vehicle manufacturer shall be liable for expenses in-
volved in detecting and correcting the part failure or malfunction, unless
the warranty station demonstrates that the part failure or malfunction was
caused by abuse, neglect, or improper maintenance as specified in sec-
tion (i).
(B) If the warranty station demonstrates that the inspection failure was
caused by one or more conditions excluded from warranty coverage pur-
suant to section (i), the vehicle owner shall be liable for all diagnostic and
repair expenses. Such expenses shall not exceed the maximum repair
costs permissible under the inspection program.
Page 236.31
Register 2007, No. 45; 11-9-2007
§2038
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(C) If the warranty station determines that the inspection failure was
caused by one or more defects covered under warranty pursuant to these
regulations and in combination with one or more conditions excluded
from warranty coverage pursuant to section (i). then the vehicle owner
shall not be charged for the diagnostic and repair costs related to detect-
ing and repairing the warrantable defects.
(3) In the alternative, the owner of a vehicle which fails the inspection
may choose to have the vehicle repaired at other than a warranty station.
If a warrantable defect is found, the vehicle owner may deliver the ve-
hicle to a warranty station and have the defect corrected free of charge.
The vehicle manufacturer shall not be liable for any expenses incurred
at a service establishment not authorized to perform warranty repairs, ex-
cept in the case of an emergency as defined in section (d)(4). If the vehicle
owner chooses to have a warrantable defect repaired at other than a war-
ranty station, the upper cost limit pursuant to Health and Safety Code sec-
tion 44017 shall not apply to the repair.
(i) Exclusions.
The repair or replacement of any warranted part otherwise eligible for
warranty coverage under sections (d) and (h) shall be excluded from such
warranty coverage if the vehicle or engine manufacturer demonstrates
that the vehicle or engine has been abused, neglected, or improperly
maintained, and that such abuse, neglect, or improper maintenance was
the direct cause of the need for the repair or replacement of the part.
NOTE: Authority cited: Sections 39600 and 39601, Health and Safety Code. Ref-
erence: Sections 43106, 43204, 43205, 44004, 44010, 4401 1, 44012, 44015, and
44017, Health and Safety Code.
History
1. New section filed 1-16-79; effective thirtieth day thereafter (Register 79, No.
3).
2. Amendment filed 1 1-26-90; operative 12-26-90 (Register 91, No. 3).
3. Amendment of section heading, subsection (g) and Note filed 10-28-99; op-
erative 1 1-27-99 (Register 99, No. 44).
4. Amendment filed 11-9-2007; operative 11-9-2007 pursuant to Government
Code section 11343.4 (Register 2007, No. 45).
§ 2038. Performance Warranty Requirements for 1990 and
Subsequent Model Passenger Cars, Light-Duty
Trucks, and Medium-Duty Vehicles, and Motor
Vehicle Engines Used in Such Vehicles.
(a) Applicability.
This section shall apply to 1990 and subsequent model passenger cars,
light-duty trucks, and medium-duty vehicles, and motor vehicle engines
used in such vehicles required to be inspected under any California statu-
torily authorized motor vehicle emissions inspection and maintenance
program. The warranty period shall begin on the date the vehicle is deliv-
ered to an ultimate purchaser, or if the vehicle is first placed in service
as a "demonstrator" or "company" car prior to delivery, on the date it is
first placed in service.
(b) General Emissions Warranty Coverage.
The manufacturer of each passenger car, light-duty truck, and me-
dium-duty vehicle shall warrant to the ultimate purchaser and each sub-
sequent purchaser that the vehicle or engine:
(1) Is designed, built, and equipped so as to conform with all applica-
ble regulations adopted by the Air Resources Board pursuant to its au-
thority in chapters I and 2, part 5, division 26 of the Health and Safety
Code; and
(2) Will, for a period of three years or 50,000 miles, whichever first
occurs, pass an inspection established under section 44012 of the Health
and Safety Code ("inspection").
(c) Written Instructions.
(1) Each vehicle or engine manufacturer shall furnish with each new
vehicle or engine, written instructions for the required maintenance and
use of this vehicle or engine by the vehicle owner (written instructions),
and the written instructions shall be consistent with this article and appli-
cable regulations in article 2 of this subchapter.
(2) Prior to the 2001 model year, each vehicle or engine manufacturer
shall submit the documents required by section (c)(1) with the vehicle or
engine manufacturer's preliminary application for new vehicle or engine
certification for approval by the Executive Officer.
(3) For 2001 and subsequent model years, each vehicle or engine
manufacturer shall submit the documents required by section (c)(1) with
the Part 2 Application for Certification pursuant to the "California Ex-
haust Emission Standards and Test Procedures for 2001 and Subsequent
Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Ve-
hicles," incorporated by reference in title 13, CCR section 1961(d).
(4) The Executive Officer may reject or require modification of writ-
ten instructions for, among other reasons, incompleteness or lack of clar-
ity. Approval by the Executive Officer of the written instructions shall be
a condition of certification. The Executive Officer shall approve or disap-
prove the written instructions within 90 days of the date such documents
are received from the vehicle or engine manufacturer. Any disapproval
shall be accompanied by a statement of the reasons therefore. In the event
of disapproval, the engine or vehicle manufacturer may petition the
Board to review the decision of the Executive Officer.
(d) Proper Use and Maintenance.
(1) An emission performance warranty claim may be denied if the ve-
hicle or engine manufacturer demonstrates that the vehicle or engine's
failure of the inspection was directly caused by abuse, neglect, or improp-
er maintenance as reflected by a failure to maintain or use the vehicle or
engine in accordance with the written instructions.
(2) Except as provided in section (d)(5), a vehicle or engine manufac-
turer may deny an emission performance warranty claim on the basis of
noncompliance with the written instructions only if:
(A) An owner is not able to comply with a request by a manufacturer
for evidence pursuant to section (d)(4); or
(B) Notwithstanding the evidence presented pursuant to section
(d)(4), the vehicle or engine manufacturer is able to prove that the vehicle
failed an inspection because the vehicle was abused, the required mainte-
nance and use was performed in a manner resulting in a component being
improperly installed or a component or related parameter being adjusted
substantially outside of the vehicle or engine manufacturer's specifica-
tions, or maintenance was performed on a vehicle which resulted in the
removing or rendering inoperative of any component affecting the ve-
hicle's emissions.
(3) When determining whether an owner has complied with the written
instructions, a vehicle or engine manufacturer may require a owner to
submit evidence of compliance only with those written instructions for
which the vehicle or engine manufacturer has an objective reason for be-
lieving:
(A) Were not performed, and;
(B) If not performed, could be the cause of the particular vehicle's
failed inspection.
(4) Evidence of compliance with a maintenance instruction may con-
sist of:
(A) A maintenance log book which has been validated at the approxi-
mate time or mileage intervals specified in the written instructions by
someone who regularly engages in the business of servicing automobiles
for the relevant maintenance; or
(B) A repair order, sales receipt, or similar evidence showing that the
vehicle has been submitted for scheduled maintenance at the approxi-
mate time or mileage intervals specified in the written instructions to
someone who regularly engages in the business of servicing automobiles
for the purpose of performing the relevant maintenance; or
(C) A statement by the vehicle owner that the maintenance was per-
formed at the approximate time or mileage interval specified in the writ-
ten instructions using proper replacement parts.
(5) In no case may a vehicle or engine manufacturer deny an emission
performance warranty claim on the basis of:
(A) Warranty work or predelivery service performed by any facility
authorized by the vehicle or engine manufacturer to perform such work
or service; or
(B) Work performed in an emergency situation to rectify an unsafe
condition, including an unsafe driveability condition, attributable to the
•
Page 236.32
Register 2007, No. 45; 11-9-2007
Title 13
Air Resources Board
§2039
•
vehicle or engine manufacturer, provided the vehicle owner has taken
steps to put the vehicle back in a conforming condition in a timely man-
ner; or
(C) Any cause attributable to the vehicle or engine manufacturer: or
(D) The use of any fuel which is commonly available in the geographi-
cal area in which the vehicle or engine is located, unless the written in-
structions specify that the use of that fuel would adversely affect the
emission control devices and systems of the vehicle, and there is com-
monly available information for the vehicle owner to identify the proper
fuel to be used.
(6) The vehicle owner may perform maintenance or have maintenance
performed more frequently than required in the written instructions.
(7) Except as specified in section (d)(2)(B) above, failure of the ve-
hicle or engine owner to ensure the performance of such scheduled main-
tenance or to keep maintenance records shall not, per se, be grounds for
disallowing a warranty claim.
(e) Repair, adjustment, or replacement of any part under the warranty
provisions of this article shall be performed at no charge to the vehicle
or engine owner at a warranty station, except where a warranted part is
not available to the vehicle or engine owner within a reasonable time (in
no case more than 30 days) after the vehicle or engine is initially pres-
ented to the warranty station for repair. In case of such unavailability, re-
pairs may be performed at any available service establishment, or by the
owner, using any replacement part. The manufacturer shall reimburse the
owner for his or her expenses including diagnostic charges for such re-
pair or replacement, not to exceed the manufacturer's suggested retail
price for all warranted parts replaced and labor charges based on the man-
ufacturer's recommended time allowance for the warranty repair and the
geographically appropriate hourly labor rate. A vehicle or engine owner
may reasonably be required to keep receipts and failed parts in order to
receive reimbursement due to such unavailability, provided the manufac-
turer's written instructions advise the owner of this obligation.
(f) The vehicle or engine manufacturer shall be liable for damages to
other vehicle components proximately caused by a failure under warran-
ty of any warranted part.
(g) Any replacement part may be used in the performance of any main-
tenance or repairs. Any replacement part designated by a vehicle or en-
gine manufacturer may be used in warranty repairs provided without
charge to the vehicle owner. Such use shall not reduce the warranty obli-
gations of the vehicle or engine manufacturer, except that the vehicle or
engine manufacturer shall not be liable under this article for repair or re-
placement of any replacement part which is not a warranted part (except
as provided under section (d) above).
(h) Any add-on or modified part exempted by the Air Resources Board
from the prohibitions of Vehicle Code section 27156 may be used on a
vehicle or engine. Such use, in and of itself, shall not be grounds for disal-
lowing a warranty claim made in accordance with this article. The vehicle
or engine manufacturer shall not be liable under this article to warrant
failures of warranted parts caused by the use of such an add-on or modi-
fied part.
(i) Warranty Claim Procedures.
(1) A warranty claim may be submitted by bringing a vehicle to any
repair facility authorized by the vehicle or engine manufacturer to service
that vehicle.
(2) The manufacturer of each vehicle or engine to which the warranty
is applicable shall establish procedures as to the manner in which a claim
under the emission performance warranty is to be processed. The proce-
dures shall provide for a final decision and repair of a warrantable condi-
tion by the vehicle or engine manufacturer within a reasonable time, not
to exceed 30 days from the time at which the vehicle is initially presented
for repair, or unless a delay:
(A) is requested by the vehicle owner, or
(B) is caused by an event not attributable to the vehicle or engine man-
ufacturer or the warranty station.
(3) Within the time period specified in section (i)(2), the manufacturer
shall provide the owner, in writing, with an explanation as to why the
claim is being denied.
(4) Failure to notify a vehicle owner that a warrantable condition does
not exist within the required time period of section (i)(2), for reasons oth-
er than those provided for in sections (i)(2)(A) and (B), shall result in the
vehicle or engine manufacturer being responsible for repairing the ve-
hicle free of charge to the vehicle owner.
(5) The vehicle or engine manufacturer shall incur all costs associated
with a determination that an emission performance warranty claim is val-
id.
(j) Warranty services or repairs shall be provided at all of a vehicle or
engine manufacturer's dealerships which are franchised to service the
subject vehicles or engines.
(k) The vehicle owner shall not be charged for diagnostic labor which
leads to the determination of a warrantable condition provided that such
diagnostic work is performed at a warranty station.
(/) Throughout the vehicle or engine's warranty period defined in sec-
tion (b), the vehicle or engine manufacturer shall maintain a supply of
warranted parts sufficient to meet the expected demand for such parts.
The lack of availability of such parts or the incompleteness of the repairs
within a reasonable time period, not to exceed 30 days from the time the
vehicle or engine is initially presented to the warranty station for repair,
shall constitute an unavailability of parts for purposes of section (e).
(m) The Executive Officer may request and, in such case, the vehicle
or engine manufacturer shall provide, any documents which describe the
vehicle or engine manufacturer's warranty procedures or policies.
NOTE: Authority cited: Sections 39600 and 39601, Health and Safety Code. Ref-
erence: Sections 43106, 43204, 43205, 44004, 44010, 44011, 44012, 44014, and
44015, Health and Safety Code.
History
1. New section filed 1-16-79; effective thirtieth day thereafter (Register 79, No.
3).
2. Amendment filed 1 1-26-90; operative 12-26-90 (Register 91, No. 3).
3. Amendment of subsection (m) filed 10-28-99; operative 11-27-99 (Register
99, No. 44).
4. Amendment filed 11-9-2007; operative 11-9-2007 pursuant to Government
Code section 1 1343.4 (Register 2007, No. 45).
§ 2039. Emissions Control System Warranty Statement.
(a) Each manufacturer shall furnish a copy of the following statement
with each new 1991 and subsequent model vehicle or engine produced
after January 24, 1991, using those portions of the statement applicable
to the vehicle or engine. This statement shall be included with and pre-
ceded the manufacturer's warranty statement required in subsection (b),
unless otherwise authorized by the Executive Officer.
CALIFORNIA EMISSION CONTROL WARRANTY STATEMENT
YOUR WARRANTY RIGHTS AND OBLIGATIONS
The California Air Resources Board (and manufacturer's name, op-
tional) is pleased to explain the emission control system warranty on your
(year) (vehicle, truck, or motorcycle). In California, new motor vehicles
must be designated, built and equipped to meet the State's stringent anti-
smog standards. (Manufacturer's name) must warrant the emission con-
trol system on your (vehicle, truck, or motorcycle) for the periods of time
listed below provided there has been no abuse, neglect or improper main-
tenance of your (vehicle, truck, or motorcycle).
Your emission control system may include parts such as the carburetor
or fuel-injection system, the ignition system, catalytic converter, and en-
gine computer. Also included may be hoses, belts, connectors and other
emission-related assemblies. Where a warrantable condition exists,
(manufacturer's name) will repair your (vehicle, truck, or motorcycle) at
no cost to you including diagnosis, parts and labor.
MANUFACTURER'S WARRANTY COVERAGE.
[For 1990 and subsequent model passenger cars, light-duty trucks,
and medium-duty vehicles.]
Page 236.33
Register 2007, No. 45; 11-9-2007
§2040
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
- For 3 years or 50,000 miles (or a longer period of time or mileage,
optional) (whichever first occurs);
1) If your (vehicle or truck) fails a Smog Check inspection, all neces-
sary repairs and adjustments will be made by (manufacturer's name) to
ensure that your emission control system PERFORMANCE WARRAN-
TY.
2) If any emission-related part on your (vehicle or truck) is defective,
the part will be repaired or replaced by (manufacturer's name). This is
your short-term emission control system DEFECTS WARRANTY.
- For 7 years or 70,000 miles (or a longer period of time or mileage,
optional) (Whichever first occurs);
1) If an emission-related part listed in this warranty booklet specially
noted with coverage for 7 years or 70,000 miles is defective, the part will
be repaired or replaced by (manufacturer's name). This is your long-term
emission control system DEFECTS WARRANTY.
OWNER'S WARRANTY RESPONSIBILITIES:
- As the (vehicle, truck, or motorcycle) owner, you are responsible for
the performance of the required maintenance listed in your owner's man-
ual, (manufacturer's name) recommends that you retain all receipts cov-
ering maintenance on your (car, truck, or motorcycle), but (manufactur-
er's name) cannot deny warranty solely for the lack of receipts or for your
failure to ensure the performance of all scheduled maintenance.
- You are responsible for presenting your (vehicle, truck, or motor-
cycle) to a (manufacturer's name) dealer as soon as a problem exists. The
warranty repairs should be completed in a reasonable amount of time, not
to exceed 30 days.
- As the (vehicle, truck, or motorcycle) owner, you should also be
aware that (manufacturer's name) may deny you warranty coverage if
your (vehicle, truck, or motorcycle) or a part has failed due to abuse, ne-
glect, improper maintenance or unapproved modifications.
If you have any questions regarding your warranty rights and responsi-
bilities, you should contact (Insert chosen manufacturer's contact) at
1-XXX-XXXX or the California Air Resource Board at 9528 Telstar
Avenue, El Monte, CA 91731.
(b) Commencing with 1980 models sold on or after September 1,
1979, each manufacturer shall furnish with each new vehicle or engine
a warranty statement which generally describes the obligations and rights
of vehicle or engine manufacturers and owners under this article.
(c) Each manufacturer shall submit the documents required by subsec-
tions (a) and (b) with the manufacturer's preliminary application for new
vehicle or engine certification for approval by the Executive Officer. The
Executive Officer may reject or require modification of the documents
to the extent the submitted documents do not satisfy the requirements of
subsections (a) and (b). Approval by the Executive Officer of the docu-
ments required by subsections (a) and (b) shall be a condition of certifica-
tion. The Executive Officer shall approve or disapprove the documents
required by subsections (a) and (b) within 90 days of the date such docu-
ments are received from the manufacturer. Any disapproval shall be ac-
companied by a statement of the reasons therefore. In the event of disap-
proval, the manufacturer may petition the Board to review the decision
of the Executive Officer.
NOTE: Authority cited: Sections 39600 and 39601, Health and Safety Code. Ref-
erence: Sections 43106, 43204, 43205, 44004, 44010, 4401 1, 44012, 44014, and
44015, Health and Safety Code.
History
1. New section filed 1-16-79; effective thirtieth day thereafter (Register 79, No.
3).
2. Amendment of subsection (a)(1) filed 2-21-79 as procedural and organization-
al; effective upon filing (Register 79, No. 8).
3. Amendment filed 12-27-83; effective thirtieth day thereafter (Register 83, No.
53).
4. Amendment filed 1 1-26-90; operative 12-26-90 (Register 91, No. 3).
§ 2040. Vehicle Owner Obligations.
(a) The owner of any vehicle or engine warranted pursuant to this ar-
ticle shall be responsible for the performance of all required scheduled
maintenance specified in the written instructions furnished to the owner
pursuant to subsections 2036 (e), 2037(e), and 2038(c)(1). Such mainte-
nance may be performed by the owner, at a service establishment of the
owner's choosing, or by a person or persons of the owner's choosing.
(b) Except as specified in subsections 2036(j)(l), 2037(i), and
2038(c), failure of the vehicle or engine owner to ensure the performance
of such scheduled maintenance or to keep maintenance records shall not,
per se, be grounds for disallowing a warranty claim.
NOTE: Authority cited: Sections 39600 and 39601, Health and Safety Code. Ref-
erence: Sections 43106, 43204, 43205, and 43205.5, Health and Safety Code.
History
1. Section 2040 renumbered to section 2045. and new section 2040 filed 1-16-79;
effective thirtieth day thereafter (Register 79, No. 3). For history of former sec-
tion, see Register 77, No. 12.
2. Amendment filed 1 1-26-90; operative 12-26-90 (Register 91, No. 3).
§ 2041. Mediation; Finding of Warrantable Condition.
(a) This section is intended to provide a mechanism for mediating un-
resolved emissions warranty disputes between vehicle or engine owners
and manufacturers or their agents.
(b) A vehicle or engine owner may request that the Executive Officer
mediate a warranty claim.
(1 ) Upon receipt of such a claim the Executive Officer, or the Execu-
tives Officers' s representative, may make a determination regarding
whether the claim is meritorious on its face and, if meritorious, shall
notify the appropriate dealer, or vehicle or engine manufacturer of the
claim. The party against whom a complaint is made shall be given a rea-
sonable time in which to respond. The Executive Officer may conduct an
informal conference, and may request additional information and evi-
dence.
(2) Upon examination of the facts submitted by the parties concerned,
the Executive Officer, or the Executive Officers' s representative, may
find that a warranted part, or a vehicle's nonconformity with any Califor-
nia statutorily authorized motor vehicle emissions inspection and main-
tenance program, is eligible for warranty coverage pursuant to this ar-
ticle. If such a finding is made, the Executive Officer shall issue a Finding
of Warrantable Condition.
(3) The Finding of Warrantable Condition shall include the name of
the vehicle owner, vehicle manufacturer and model (including model
year, make, car line and body type), vehicle identification number, en-
gine family, odometer reading, date of inspection, identification of the
defective part or other warrantable condition and the signature of the per-
son issuing the Finding.
NOTE: Authority cited: Sections 39600 and 39601, Health and Safety Code. Ref-
erence: Sections 43106, 43204, 43205, and 43205.5, Health and Safety Code.
History
1. Section 2041 renumbered to section 2046, and new section 2041 filed 1-16-79;
effective thirtieth day thereafter (Register 79, No. 3).
2. Amendment filed 11-26-90; operative 12-26-90 (Register 91, No. 3).
§ 2042. Severability.
Each part of this article shall be deemed severable, and in the event that
any part of this article is held to be invalid, the remainder of this article
shall continue in full force and effect.
NOTE: Authority cited: Sections 39600 and 39601, Health and Safety Code. Ref-
erence: Sections 43106 and 43204, Health and Safety Code.
History
1. New section filed 1—16—79; effective thirtieth day thereafter (Register 79, No.
3).
§ 2045. Catalyst Change Requirements.
NOTE: Authority cited: Section 39600 and 39601 , Health and Safety Code. Refer-
ence: Sections 43106 and 43204, Health and Safety Code.
History
1. New Article 6 (§§ 2040-2041) filed 10-3-75 as an emergency; effective upon
filing (Register 75, No. 40).
2. Amendment filed 10-31-75; effective thirtieth day thereafter (Register 75, No.
44).
3. Amendment of subsection (a) and NOTE filed 3-16-77; effective thirtieth day
thereafter (Register 77, No. 12).
4. Renumbering of Section 2040 to Section 2045; effective thirtieth day thereafter
(Register 79, No. 3).
•
Page 236.34
Register 2007, No. 45; 11-9-2007
Title 13
Air Resources Board
§2056
5. Change without regulatory effect repealing section filed 3-18-96 pursuant to
section 1 00, title 1 , California Code of Regulations (Register 96, No. 1 2).
§ 2046. Defective Catalyst.
Any oxidation catalyst for which service or replacement is scheduled
or recommended by the vehicle manufacturer prior to the accumulation
of 5 years or 50,000 miles, whichever occurs first, is defective in design,
materials, and workmanship within the meaning of Health and Safety
Code Sections 39156 and 39157. Any such service or replacement shall
be performed free of charge to the vehicle owner.
NOTE: Authority cited: Sections 39600 and 39601, Health and Safety Code. Ref-
erence: Sections 43106 and 43204, Health and Safety Code.
History
1. Certificate of Compliance filed 10-31-75 (Register 75, No. 44). 2. Renumber-
ing of Section 2041 to Section 2046 filed 1-16-79; effective thirtieth day there-
after (Register 79, No. 3).
Article 7. Procedures for Certifying Used
Modifier-Certified Motor Vehicles and
Licensing Requirements for Vehicle
Emission Test Laboratories
§ 2047. Certification Procedures for Used
Modifier-Certified Motor Vehicles.
The emission standards and procedures for the certification of used
modifier-certified motor vehicles in California are set forth in the "Cali-
fornia Certification Procedures for 1975 and Later Model- Year Used
Modifier-Certified Motor Vehicles," adopted by the state board January
8, 1988.
NOTE: Authority cited: Sections 39600, 39601, 44203, 44205, and 44207-44209,
Health and Safety Code. Reference: Sections 44200, 44201, 44203-44205, and
44207-44209, Health and Safety Code.
History
1. New section filed 2-1-88; operative 5-31-88 (Register 88, No.7).
§ 2048. Licensing Requirements for Vehicle Emission Test
Laboratories.
The licensing requirements for vehicle emission test laboratories pur-
suant to the provisions of Health and Safety Code Sections 44203 and
44205 are set forth in the "Licensing Requirements for Vehicle Emission
Test Laboratories," amended by the state board June 2, 1989.
NOTE: Authority Cited: Sections 39600, 39601, 44203, 44205 and 44207-44209,
Health and Safety Code. Reference: Sections 44200, 44201, 44203-44205 and
44207-44209, Health and Safety Code.
History
1. New section filed 2-1-88; operative 2-1-88 (Register 88, No. 7).
2. Amendment filed 9-18-89; operative 10-18-89 (Register 89, No. 39).
•
Chapter 2. Enforcement of Vehicle
Emission Standards and Surveillance
Testing
Article 1. Assembly-Line Testing
§ 2050. Assembly-Line or Pre-Delivery Test
Procedures — 1972 Light-Duty Vehicles.
History
1. Repealer filed 3-6-74; effective thirtieth day thereafter (Register 74, No. 10).
§ 2051 . Assembly-Line or Pre-Delivery Test
Procedures — 1973 Light-Duty Vehicles.
History
1. Repealer filed 3-6-74; effective thirtieth day thereafter (Register 74, No. 10).
For prior history, see Register 73, No. 27.
§ 2052. Assembly-Line or Pre-Delivery Test
Procedures — 1974 Light-Duty Vehicles.
NOTE: Authority cited: Sections 39601 and 43210, Health and Safety Code. Ref-
erence: Section 43210, Health and Safety Code.
History
1 . New section filed 7-5-73 as an emergency; effective upon filing. Certificate of
Compliance included (Register 73, No. 27).
2. Amendment of NOTE filed 3-16-77; effective upon filing (Register 77. No.
12).
3. Amendment filed 1 1-30-83; effective thirtieth day thereafter (Register 83, No.
49).
4. Change without regulatory effect repealing section filed 3-18-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 12).
§ 2053. Assembly-Line or Pre-Delivery Test
Procedures — 1975 Model-Year
Gasoline-Powered Passenger Cars and
Light-Duty Trucks.
NOTE: Authority cited: Sections 39600, 39601 and 43210, Health and Safety
Code. Reference: Section 43210, Health and Safety Code.
History
1. New section filed 3-22-74; effective thirtieth day thereafter (Register 74, No.
12).
2. Amendment filed 8-20-74 as an emergency; effective upon filing (Register 74,
No. 34).
3. Certificate of Compliance filed 9-18-74 (Register 74, No. 38).
4. Amendment filed 1 1-30-83; effective thirtieth day thereafter (Register 83, No.
49).
5. Change without regulatory effect repealing section filed 3-1 8-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 12).
§ 2054. Assembly-Line or Pre-Delivery Test
Procedures — 1976 Model-Year
Gasoline-Powered Passenger Cars and
Light-Duty Trucks.
NOTE: Authority cited: Sections 39600, 39601 and 43210, Health and Safety
Code. Reference: Section 43210, Health and Safety Code.
History
1 . New section filed 1 2-20-74; effective thirtieth day thereafter (Register 74, No.
51).
2. Amendment filed 5-4-76; effective thirtieth day thereafter (Register 76, No.
19).
3. Amendment of NOTE filed 3-16-77; effective thirtieth day thereafter (Register
77, No. 12).
4. Amendment filed 1 1-30-83; effective thirtieth day thereafter (Register 83, No.
49).
5. Change without regulatory effect repealing section filed 3-18-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 12).
§ 2055. Assembly-Line or Pre-Delivery Test
Procedure — 1977 Model-Year
Gasoline-Powered Passenger Cars and
Light-Duty Trucks.
NOTE: Authority cited: Sections 39600, 39601 and 43210, Health and Safety
Code. Reference: Section 43210, Health and Safety Code.
HtSTORY
1. New section filed 5^4—76; effective thirtieth day thereafter (Register 76, No.
19).
2. Amendment filed 8-12-76; effective thirtieth day thereafter (Register 76, No.
33).
3. Amendment filed 2-9-77; effective thirtieth day thereafter (Register 77, No. 7).
4. Amendment filed 1 1-30-83; effective thirtieth day thereafter (Register 83, No.
49).
5. Change without regulatory effect repealing section filed 3-18-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 12).
§ 2056. Assembly-Line or Pre-Delivery Test
Procedure — 1978 Model-Year Passenger Cars,
Light-Duty Trucks and Medium-Duty Vehicles.
NOTE: Authority cited: Sections 39600, 39601 and 43210, Health and Safety
Code. Reference: Section 43210, Health and Safety Code.
History
1. New section filed 2-9-77; effective thirtieth day thereafter (Register 77, No. 7).
2. Amendment filed 1 1-30-83; effective thirtieth day thereafter (Register 83, No.
49).
Page 236.35
Register 2007, No. 45; 11-9-2007
§2057
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
3. Change without regulatory effect repealing section filed 3-18-96 pursuant to
section 100, title 1 , California Code of Regulations (Register 96, No. 12).
§ 2057. Assembly-Line or Pre-Delivery Test
Procedure — 1979 Model Year Passenger Cars,
Light-Duty Trucks and Medium-Duty Vehicles.
NOTE: Authority cited: Sections 39600 and 39601, Health and Safety Code. Ref-
erence: Sections 43105, 43210, 4321 1 and 43212, Health and Safety Code.
History
1. New section filed 4-3-78; effective thirtieth day thereafter (Register 78, No.
14).
2. Amendment filed 9-8-78 as an emergency; effective upon filing. Certificate of
Compliance included (Register 78, No. 36).
3. Amendment filed 5-31-79; effective thirtieth day thereafter (Register 79, No.
22).
4. Amendment filed 1 1-30-83; effective thirtieth day thereafter (Register 83. No.
49).
5. Change without regulatory effect repealing section filed 3-18-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 12).
§ 2058. Assembly-Line Test Procedures— 1980 Model
Year.
NOTE: Authority cited: Sections 39600, 39601 and 43210, Health and Safety
Code. Reference: Sections 39002, 39003, 39500, 43101, 43105, 43210, 4321 land
43212, Health and Safety Code.
History
1. New section filed 2-21-79; effective thirtieth day after filing (Register 79, No.
8).
2. Amendment filed 5-31-79; effective thirtieth day thereafter (Register 79, No.
22).
3. Amendment filed 1 1-30-83; effective thirtieth day thereafter (Register 83, No.
49).
4. Change without regulatory effect repealing section filed 3-18-96 pursuant to
section 100, title 1 , California Code of Regulations (Register 96, No. 12).
§ 2059. Assembly-Line Test Procedures — 1981 Model
Year.
NOTE: Authority cited: Sections 39600, 39601 and 43210, Health and Safety
Code. Reference: Sections 39002, 39003, 39500,43101,43105,43210,4321 land
43212, Health and Safety Code.
History
1. New section filed 2-27-80; effective thirtieth day thereafter (Register 80, No.
9).
2. Amendment filed 5-23-80; effective thirtieth day thereafter (Register 80, No.
21).
3. Amendment filed 1 1-30-83; effective thirtieth day thereafter (Register 83, No.
49).
4. Change without regulatory effect repealing section filed 3-18-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 12).
§ 2060. Assembly-Line Test Procedures — 1982 Model
Year.
NOTE: Authority cited: Sections 39515, 39600, 39601 and 43210(a), Health and
Safety Code. Reference: Sections 39002, 39003, 39500, 43000(c), 43000(e),
43101, 43105, 43210, 43211 and 43212, Health and Safety Code.
History
1. New section filed 5-21-81; effective thirtieth day thereafter (Register 81, No.
21).
2. Amendment filed 1 1-30-83; effective thirtieth day thereafter (Register 83, No.
49).
3. Change without regulatory effect repealing section filed 3-18-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 12).
§ 2061 . Assembly-Line Test Procedures— 1 983 and
Subsequent Model-Years.
New 1983 through 1997 model-year passenger cars, light-duty
trucks, and medium-duty vehicles, excluding zero-emission vehicles
and medium-duty vehicles certified according to the optional standards
and test procedures of section 1956.8, Title 13, California Code of Regu-
lations, subject to certification and manufactured for sale in California
shall be tested in accordance with the "California Assembly-Line Test
Procedures for 1983 Through 1997 Model- Year Passenger Cars, Light-
Duty Trucks and Medium-Duty Vehicles," adopted November 24, 1981 ,
as last amended June 24, 1996, which is incorporated herein by reference,
including federally certified light-duty motor vehicles, except as pro-
vided in "Guidelines for Certification of 1983 and Subsequent Model-
Year Federally Certified Light-Duty Motor Vehicles for Sale in Califor-
nia," adopted July 20, 1982, as last amended July 12, 1991, which is
incorporated herein by reference. For vehicles certified to NMOG stan-
dards, any reference to NMHC standards in "California Assembly-Line
Test Procedures lor 1983 Through 1997 Model-Year Passenger Cars,
Light-Duty Trucks and Medium-Duty Vehicles" shall imply NMOG
standards.
NOTE: Authority cited: Sections 39515, 39600, 39601, 43013, 43018, 43101,
43104 and 43210, Health and Safety Code. Reference: Sections 39002, 39003,
39500, 43000. 43013, 43018, 43100. 43101, 43101.5, 43102, 43103, 43104,
43105, 43106, 43204, 43210. 4321 1 and 43212, Health and Safety Code.
History
1 . New section filed 1 2-1 8-8 1 ; effective thirtieth day thereafter (Register 8 1 , No.
51).
2. Amendment filed 9-17-82; effective upon filing pursuant to Government Code
section 11346.2(d) (Register 82, No. 39).
3. Amendment filed 4-20-83: effective upon filing pursuant to Government Code
section 11346.2(d) (Register 83, No. 17).
4. Amendment filed 1 1-4-83; effective thirtieth day thereafter (Register 83, No.
45).
5. Amendment filed 1 1-29-83; effective thirtieth day thereafter (Register 83, No.
49).
6. Amendment filed 9-20-84; effective upon filing pursuant to Government Code
section 11346.2(d) (Register 84, No. 38).
7. Amendment filed 9-28-84; effective thirtieth day thereafter (Reeister 84, No.
39).
8. Amendment filed 1 0-23-85; effective thirtieth day thereafter (Register 85. No.
43).
9. Amendment filed 8-12-87; operative 9-11-87 (Register 87, No. 33).
10. Amendment filed 5-22-90; operative 6-21-90 (Register 90, No. 28).
11. Amendment filed 8-2-91 ; operative 9-2-91 (Register 91, No. 49).
12. Amendment filed 8-30-91; operative 9-30-91 (Register 92, No. 14).
1 3. Amendment filed 1 1-8-93; operative 12-8-93 (Register 93, No. 46).
14. Editorial correction of printing error (Register 93, No. 46).
15. Amendment filed 9-23-96; operative 10-23-96 (Register 96, No. 39).
§ 2062. Assembly-Line Test Procedures— 1 998 and
Subsequent Model Years.
New 1998 through 2000 model-year passenger cars, light-duty
trucks, and medium-duty vehicles, subject to certification and manufac-
tured for sale in California, except for zero-emission vehicles and me-
dium-duty vehicles certified according to the optional standards and test
procedures of section 1956.8, Title 13, California Code of Regulations,
shall be tested in accordance with the "California Assembly-Line Test
Procedures for 1998 Through 2000 Model-Year Passenger Cars, Light-
Duty Trucks and Medium-Duty Vehicles," adopted June 24, 1996, as
last amended August 5, 1999, which is incorporated herein by reference.
New 2001 and subsequent model-year passenger cars, light-duty trucks,
and medium-duty vehicles, subject to certification and manufactured for
sale in California, except for zero-emission vehicles and medium-duty
vehicles certified according to the optional standards and test procedures
of Section 1956.8, Title 13, California Code of Regulations, shall be
tested in accordance with the "California Assembly-Line Test Proce-
dures for 2001 and Subsequent Model-Year Passenger Cars, Light-Duty
Trucks and Medium-Duty Vehicles." adopted August 5, 1999, which is
incorporated herein by reference. These test procedures shall also apply
to federally certified light-duty motor vehicles, except as provided in
"Guidelines for Certification of 1983 and Subsequent Model-Year Fed-
erally Certified Light-Duty Motor Vehicles for sale in California,"
adopted July 20, 1982, as last amended July 21, 1991, which is incorpo-
rated herein by reference
NOTE: Authority cited: Sections 39515, 39600, 39601, 43013, 43018, 43101,
43104 and 43210, Health and Safety Code. Reference: Sections 39002, 39003,
39500, 43000, 43013, 43018, 43100, 43101, 43101.5, 43102, 43104, 43105,
43106, 43204, 43210, 43211 and 43212, Health and Safety Code.
History
1. New section filed 9-23-96; operative 10-23-96 (Register 96, No. 39).
2. Amendment of section heading, section and NOTE filed 7-17-98; operative
8-16-98 (Register 98, No. 29).
3. Amendment filed 10-28-99; operative 11-27-99 (Register 99, No. 44).
Page 236.36
Register 2007, No. 45; 11-9-2007
Title 13
Air Resources Board
§2100
Article 1.5. Enforcement of Vehicle
Emission Standards and Surveillance
Testing for 2005 and Subsequent Model
Year Heavy-Duty Engines and Vehicles
§ 2065. Applicability of Chapter 2 to 2005 and Subsequent
Model Year Heavy-Duty Engines and Vehicles.
The requirements of chapter 2, division 3, title J 3, California Code of
Regulations apply to 2005 and subsequent model year heavy-duty en-
gines and vehicles except as specifically modified by the provisions of
the "California Exhaust Emission Standards and Test Procedures for
2004 and Subsequent Model Heavy-Duty Diesel Engines and Vehicles"
adopted December 1 2, 2002, which are incorporated herein by reference.
NOTE: Authority cited: Sections 39600, 39601, 430)3, 43101, 43104, 43105,
43210 and 43806, Health and Safety Code. Reference: Sections 39002, 39003,
39500, 43000, 43012, 43013, 43018, 43100, 43101, 43101.5, 43102, 43104,
43106, 43202, 43203, 43204, 43210-43213 and 43806, Health and Safety Code;
and Section 281 14, Vehicle Code.
History
1. New article 1.5 (section 2065) and section filed 7-25-2001; operative
7-25-2001 pursuant to Government Code section 1 1343.4 (Register 2001 , No.
30).
2. Amendment filed 1 1^1-2003; operative 12-4-2003 (Register 2003, No. 45).
Article 2.
Enforcement of New and In-Use
Vehicle Standards
§2100. Purpose.
(a) It is the purpose of this article to implement authority granted the
state board in Part 5, Division 26 of the Health and Safety Code in order
to monitor motor vehicles from manufacture through distribution, to and
in the hands of consumers, to determine compliance with applicable
laws.
(b) This section shall apply to 1977 and subsequent model-year ve-
hicles.
[The next page is 236.37.]
Page 236.36(a)
Register 2007, No. 45; 11-9-2007
Title 13
Air Resources Board
§2103
NOTE: Authority cited: Sections 39600 and 39601, Health and Safety Code. Ref-
erence: Sections 39002, 39003, 39500, 43000, 43202, 43210, 43211 and 43212,
Health and Safety Code.
History
1 . Amendment of subsections (c), (e) and (g) and new subsections (h) through (k)
filed 3-6-74; effective thirtieth day thereafter (Register 74, No. 10).
2. New subsection (1) filed 2-20-75 as an emergency: effective upon filing (Regis-
ter 75, No. 8).
3. New subsection (1) refiled 5-20-75; effective thirtieth day thereafter (Register
75, No. 21).
4. Amendment filed 7-16-76; effective thirtieth day thereafter (Resister 76, No.
29).
5. Amendment filed 1 1-30-83; effective thirtieth day thereafter (Register 83, No.
49).
§2100.5. Purpose.
Notwithstanding the repeal or expiration of this regulation on May 12,
1983, the provisions of the regulation as they existed prior to such repeal
or expiration shall continue to be operative and effective for those events
occurring prior to the repeal or expiration.
NOTE: Authority cited: Sections 39600 and 39601, Health and Safety Code. Ref-
erence: Section 43210, Health and Safety Code.
History
1. New section filed 7-16-76; effective thirtieth day thereafter (Register 76, No.
29).
2. Amendment filed 1 1-30-83; effective thirtieth day thereafter (Register 83, No.
49).
§2100.6. Purpose.
(a) It is the purpose of this article to implement authority granted the
Board in Part 5, Division 26 of the Health and Safety Code in order to
monitor motor vehicles that, although properly maintained and used, are
not in compliance with applicable laws and regulations.
(b) This section shall apply to 1978 and subsequent model-year pas-
senger cars, light-duty trucks, medium and heavy-duty vehicles, and
motorcycles.
NOTE: Authority cited: Sections 39601, 43105 and 43213, Health and Safety
Code. Reference: Sections 43000, 43105, 43106 and 43211-43213, Health and
Safety Code.
History
1. New section filed 4-18-83; effective thirtieth day thereafter (Register 83, No.
17).
§ 21 01 . Compliance Testing and Inspection — New Vehicle
Selection, Evaluation, and Enforcement Action.
(a) The executive officer may, with respect to any new vehicle engine
family, test group or subgroup being sold, offered for sale, or manufac-
tured for sale in California, order a vehicle manufacturer to make avail-
able for compliance testing and/or inspection a reasonable number of ve-
hicles, and may direct that the vehicles be delivered to the state board at
the Haagen-Smit Laboratory, 9528 Telstar Avenue, El Monte, Califor-
nia. Vehicles shall be selected at random from sources specified by the
executive officer according to a method approved by him/her, which in-
sofar as practical shall exclude (1) vehicles manufactured pursuant to the
specific order of an ultimate purchaser or (2) vehicles the selection of
which, if not excluded, would result in an unreasonable disruption of the
manufacturer's distribution system.
A subgroup may be selected for compliance testing only if the execu-
tive officer has reason to believe that the emissions characteristics of that
subgroup are substantially in excess of the emissions of the engine family
or test group as a whole.
(b) If the vehicles are selected for compliance testing, the selection and
testing of vehicles and the evaluation of data shall be made in accordance
with the "California New Vehicle Compliance Test Procedures,"
adopted by the state board on June 24, 1976 and last amended August 5,
1999. Testing of passenger cars and light-duty-trucks certified to the
low-emission and ultra-low-emission exhaust standards to determine
compliance with the Supplemental Federal Test Procedure emission
standards shall commence in the 2002 model year. Motorcycles sched-
uled for compliance testing shall be selected, tested, and evaluated in ac-
cordance with the "California New Motorcycle Compliance Test Proce-
dures," adopted by the state board on June 30, 1977, and amended
November 24, 1981.
(c) If the executive officer determines, in accordance with the "Cali-
fornia New Vehicle Compliance Test Procedures," or the "California
New Motorcycle Compliance Test Procedures" that an engine family,
test group, or any subgroup within an engine family or test group, ex-
ceeds the emission standards for one or more pollutants, the executive of-
ficer shall notify the manufacturer and may invoke Section 2109. Prior
to invoking Section 21 09, the executive officer shall consider quality au-
dit test results, if any, and any additional test data or other information
provided by the manufacturer.
(d) Vehicles selected for inspection shall be checked to verify the pres-
ence of those emissions-related components specified in the manufac-
turer's application for certification, and for the accuracy of any adjust-
ments, part numbers and labels specified in that application. If any
vehicle selected for inspection fails to conform to any applicable law in
Part 5 (commencing with Section 43000) of Division 26 of the Health and
Safety Code, or any regulation adopted by the state board pursuant there-
to, other than an emissions standard applied to new vehicles to determine
"certification" as specified in Subchapter 1, Article 2 of this Chapter and
an assembly-line test procedure specified in Subchapter 2, Article 1 of
this Chapter, the executive officer shall notify the manufacturer and may
invoke Section 2109. Prior to invoking Section 2109, the executive offi-
cer shall consider any information provided by the manufacturer.
NOTE: Authority cited: Sections 39600, 39601 and 43104, Health and Safety
Code. Reference: Sections 39002, 39003, 39500, 43000, 43106, 43202, 43210,
43211 and 43212, Health and Safety Code.
History
1. Amendment filed 3-6-74; effective thirtieth day thereafter (Register 74, No.
10).
2. Amendment filed 7-16-76; effective thirtieth day thereafter (Register 76, No.
29).
3. Amendment filed 8-1-77; effective thirtieth day thereafter (Register 77, No.
32).
4. Amendment of subsection (b) filed 5-31-79; effective thirtieth day thereafter
(Register 79, No. 22).
5. Amendment of subsection (b) filed 12-29-81; effective thirtieth day thereafter
(Register 82, No. 1).
6. Amendment of section heading and subsection (a) filed 4-18-83; effective thir-
tieth day thereafter (Register 83, No. 17).
7. Amendment filed 1 1-30-83; effective thirtieth day thereafter (Register 83, No.
49).
8. Amendment of subsection (b) and Note filed 9-23-96; operative 10-23-96
(Register 96, No. 39).
9. Amendment of section and Note filed 7-17-98; operative 8-16-98 (Register
98, No. 29).
10. Amendment of subsections (a)-(c) filed 10-28-99; operative 1 1-27-99 (Reg-
ister 99, No. 44).
§ 21 02. Selection of Vehicles.
NOTE: Authority cited: Sections 39600, 39601, 43104, 43106 and 43210, Health
and Safety Code. Reference: Sections 39002, 39003, 39500, 43000, 43106 and
43210, Health and Safety Code.
History
1. Amendment filed 7-16-76; effective thirtieth day thereafter (Register 76, No.
29).
2. Amendment filed 1 1-30-83; effective thirtieth day thereafter (Register 83, No.
49).
3. Change without regulatory effect repealing section filed 3-18-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 12).
§2103. Evaluation.
NOTE: Authority cited: Sections 39600, 39601, 43104, 43106 and 43210, Health
and Safety Code. Reference: Sections 39002, 39003, 39500, 43000, 43106 and
43210, Health and Safety Code.
History
1. Amendment filed 7-16-76; effective thirtieth day thereafter (Register 76, No.
29).
2. Amendment filed 1 1-30-83; effective thirtieth day thereafter (Register 83, No.
49).
3. Change without regulatory effect repealing section filed 3-18-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 12).
Page 236.37
Register 99, No. 44; 10-29-99
§2104
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
§2104. Action 2103.
NOTE: Authority cited: Sections 39600, 39601, 43 1 04, 43106 and 43210, Health
and Safety Code. Reference: Sections 39002, 39003, 39500, 43000, 43106 and
43210, Health and Safety Code.
History
1 . Amendment filed 3-6-74; effective thirtieth day thereafter (Register 74, No.
10).
2. Amendment filed 7-16-76; effective thirtieth day thereafter (Reeister 76, No.
29).
3. Amendment filed 1 1-30-83; effective thirtieth day thereafter (Register 83, No.
49).
4. Change without regulatory effect repealing section filed 3-18-96 pursuant to
section 100, title 1 , California Code of Regulations (Register 96, No. 12).
§ 2105. Compliance with Applicable Laws.
NOTE: Authority cited: Sections 39600, 39601 , 43104. 43106 and 43210, Health
and Safety Code. Reference: Sections 39002, 39003, 39500, 43000, 43106 and
43210, Health and Safely Code.
History
1. Amendment filed 10-17-73 as procedural and organizational; effective upon
filing (Register 73, No. 42).
2. Amendment filed 7-16-76; effective thirtieth day thereafter (Register 76, No.
29).
3. Amendment filed 1 1-30-83; effective thirtieth day thereafter (Register 83, No.
49).
4. Change without regulatory effect repealing section filed 3-18-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 12).
§ 2106. New Vehicle Assembly-Line Inspection Testing.
If reports required by an assembly-line test procedure under Article
1 of Subchapter 2 are not in accordance with reporting requirements or
if surveillance under Article 2 or Article 3 of Subchapter 2 indicates that
assembly-line inspection testing is being improperly performed, or that
vehicles are being manufactured which do not comply with the function-
al test requirements or, prior to the 2001 model year with the assembly-
line emission standards, the executive officer may order corrections of
reporting or test procedures, and may, in accordance with Section 2109
or 2110, as applicable, order correction of vehicles not in compliance
with applicable laws, emission standards, or test procedures.
NOTE: Authority cited: Sections 39600, 39601, 43105 and 43210, Health and
Safety Code. Reference: Sections 39002, 39003, 39500, 43000,43104,43105 and
43210, Health and Safety Code.
History
1. Amendment filed 3-6-74; effective thirtieth day thereafter (Register 74, No.
10).
2. Amendment filed 5-20-75; effective thirtieth day thereafter (Register 75, No.
21).
3. Amendment filed 5—4—76; effective thirtieth day thereafter (Register 76, No.
19).
4. Amendment of section heading filed 4-18-83; effective thirtieth day thereafter
(Register 83, No. 17).
5. Amendment filed 1 1-30-83; effective thirtieth day thereafter (Register 83, No.
49).
6. Amendment filed 10-28-99; operative 11-27-99 (Register 99, No. 44).
§ 21 07. Assembly-Line Quality-Audit Testing.
Prior to the 2001 model year, if any official test procedure adopted by
the state board specifies that the state board may find a violation of Sec-
tion 43 105 or 43 106 of the Health and Safety Code or of this article when
a specified percentage of assembly-line vehicles exceeds a standard and
when data submitted by the manufacturer indicates such percentage is
being exceeded or if surveillance under Article 2 or Article 3 of Sub-
chapter 2 indicates that assembly-line quality audit testing is being im-
properly performed, the executive officer may invoke the provisions of
Section 2109 or 21 10, as applicable. Quality audit testing is not required
for the 2001 and subsequent model years.
Note.- Authority cited: Sections 39600, 39601, 43105 and 43210, Health and
Safety Code. Reference: Sections 39002, 39003, 39500, 43000, 43102, 43105,
43106 and 43210, Health and Safety Code.
History
1. Amendment filed 5^1-76; effective thirtieth day thereafter (Register 76, No.
19).
2. Amendment filed 1 1-30-83; effective thirtieth day thereafter (Register 83, No.
49).
3. Amendment filed 10-28-99; operative 1 1-27-99 (Register 99, No. 44).
§ 21 08. Order of Executive Officer.
Failure to comply with any order of the executive officer issued pur-
suant to this article may result in the revocation or conditioning of certifi-
cation in the manner specified in Section 2109 or 2110, as applicable.
NOTE: Authority cited: Sections 39600 and 39601, Health and Safety Code. Ref-
erence: Sections 43100, 43105, 43106 and 43210, Health and Safety Code.
History
1 . Amendment filed 5^1-76; effective thirtieth day thereafter (Register 76, No.
19). For prior history, see Register 75, No. 21.
2. Amendment filed 1 1-30-83; effective thirtieth day thereafter (Register 83, No.
49).
§ 2109. New Vehicle Recall Provisions.
(a) When this section is invoked pursuant to other sections of this ar-
ticle or Health and Safety Code Section 43105, the executive officer shall
require the manufacturer to submit a plan within 30 calendar days of re-
ceipt of the invocation order to bring all vehicles into compliance. The
executive officer shall order execution of the plan with such changes and
additions as he/she determines to be necessary. The plan may include
measures to identify the cause of vehicle noncompliance and to correct
noncomplying conditions, correction of vehicles under manufacture,
correction of vehicles in the possession or control of the manufacturer
and dealers, and correction of vehicles in the possession of consumers
(by correction upon service whether or not by warranty, by correction
following notification of recall by mail, or by correction following efforts
actively to locate and correct all such vehicles). The plan may include the
temporary cessation of sales to dealers by the manufacturer and efforts
by the manufacturer to prevent the sale of vehicles in possession or con-
trol of dealers, until the vehicles are corrected. The executive officer may
order any one or more of the foregoing actions, or any other action rea-
sonably necessary to bring all vehicles into compliance.
(b) The plan shall specify the percentage of vehicles subject to recall
which must actually be corrected.
If, after good faith efforts, the manufacturer cannot correct the percent-
age of vehicles specified in the plan by the applicable deadlines, the man-
ufacturer may request the executive officer to modify the percentage of
vehicles specified in the plan, setting out in full the good faith efforts of
the manufacturer to comply with the original plan, and the reasons it has
been unable to comply. The executive officer shall, on the basis of this
request, modify the percentage of vehicles which must actually be cor-
rected if he/she finds in writing that the manufacturer has made a good
faith effort and has shown good cause for the modification. If the man-
ufacturer so requests, the plan shall specify the maximum incentives
(such as a tune-up or specified quantity of gasoline), if any, the manufac-
turer must offer to vehicle owners to induce them to present their vehicles
for repair, as a condition of showing that the manufacturer has made a
good faith effort to repair the percentage of vehicles specified in the plan.
The plan shall also include a schedule for implementing actions to be tak-
en, including identified increments of progress towards implementation
and deadlines for completing each such increment.
(c) If a vehicle is recalled pursuant to this section, the manufacturer
shall make all necessary corrections specified in the plan without charge
to the registered owner of the vehicle or, at the manufacturer's election,
shall reimburse the registered owner for all costs (except incidental and
consequential damages) of making such necessary corrections.
The term "all costs" shall not include incidental or consequential dam-
ages, except that the manufacturer shall reimburse the registered owner
for any damage to the vehicle's emissions control system proximately
caused by a defect subject to a recall action under this subsection or an
action by a manufacturer taken pursuant to a plan under this subsection.
(d) If the plan ordered by the executive officer pursuant to this subsec-
tion includes a recall, the manufacturer may, within 20 calendar days of
its receipt of the plan ordered by the executive officer, notify the execu-
tive officer of its desire to contest the necessity for or scope of that order.
Any such notification shall specify the basis of the manufacturer's objec-
tions. Upon receipt of such notification, the executive officer shall stay
the recall until the state board affords the manufacturer the opportunity,
Page 236.38
Register 99, No. 44; 10-29-99
Title 13
Air Resources Board
§2111
•
•
at a public hearing to be scheduled no less than 30 calendar days and no
more than 60 calendar days after receipt of such notification, to present
evidence in support of its objections.
A stay of a recall shall not, unless otherwise ordered, stay any other
portion of a plan required herein or any other order issued pursuant to this
article.
The manufacturer may, within 20 calendar days of its receipt of the
plan ordered by the executive officer, request a public hearing of the state
board on the necessity for or scope of any other corrective action ordered
by the executive officer. Such a hearing shall be held by the state board
not less than 30 and no more than 60 calendar days after receipt of the
manufacturer's request for such a hearing. The plan ordered by the ex-
ecutive officer shall remain in effect pending such hearing, unless other-
wise ordered by the executive officer.
(e) Failure by a manufacturer to carry out all corrective actions or re-
call actions ordered by the executive officer pursuant to Section 2106 or
to subsection (a) of this section according to the schedule included in the
plan ordered by the executive officer shall constitute a violation of that
order and of Health and Safety Code Section 43105. The executive offi-
cer shall extend any deadline in the plan if he/she finds in writing that a
manufacturer has shown good cause for such extension.
If the manufacturer fails to correct the percentage of vehicles subject
to recall specified in the recall plan issued by the executive officer (in-
cluding any modifications made by him/her), by the deadline(s) included
in that plan, each vehicle included in the number of vehicles by which the
manufacturer falls short of such percentage shall constitute a separate
violation of the order and of Health and Safety Code Section 43016.
The state board may hold a public hearing to consider whether approv-
al of such vehicles shall be suspended or conditioned. The state board
shall hold such a hearing if requested to do so by either the affected man-
ufacturer or the executive officer.
After the hearing, the state board may suspend or condition approval
if it finds that the corrective action ordered by the executive officer was
reasonable and that the manufacturer failed to comply or to comply with-
in the specified time period.
NOTE: Authority cited: Sections 39600, 39601 and 43105, Health and Safety
Code. Reference: Sections 39002, 39003, 39500, 43000, 43016, 43100-43102,
43104 and 43106, Health and Safety Code.
History
1. Amendment filed 4-17-74; effective thirtieth day thereafter (Register 74, No.
16).
2. Amendment filed 2-20-75 as an emergency; effective thirtieth day thereafter
(Register 75, No. 8).
3. Amendment filed 5-20-75; effective thirtieth day thereafter (Register 75, No.
21).
4. Amendment filed 10-22-81; effective thirtieth day thereafter (Register 81, No.
43).
5. Amendment of section heading filed 4-18-83; effective thirtieth day thereafter
(Register 83, No. 17).
6. Amendment filed 1 1-30-83; effective thirtieth day thereafter (Register 83, No.
49).
§ 211 0. Remedial Action for Assembly-Line Quality Audit
Testing of Less Than a Full Calendar Quarter
of Production Prior to the 2001 Model Year.
(a) When this section is invoked prior to the 2001 model year pursuant
to other sections of this article or Health and Safety Code Section 43105,
the executive officer shall order the manufacturer to submit a remedial
action plan to bring all vehicles in possession of the manufacturer into
compliance. The manufacturer shall submit the plan within 30 calendar
days after it receives the order. The executive officer may order execu-
tion of the plan with such changes and additions as he/she determines are
necessary, including additional testing and reporting, consistent with the
applicable assembly-line test procedures, to verify acceptability of the
plan. The plan shall include a schedule for implementing actions to be
taken, including identified increments of progress towards implementa-
tion, and deadlines for completing each such increment. The executive
officer may not order a recall pursuant to this section.
(b) The manufacturer may, within 20 calendar days of its receipt of or-
der for remedial action, request a public hearing of the state board on the
necessity for or scope of any corrective action ordered by the executive
officer. Such a hearing shall be held by the state board not less than 30
nor more than 60 calendar days after receipt of the manufacturer's re-
quest for such a hearing. The plan ordered by the executive officer shall
remain in effect pending such hearing, unless otherwise ordered by the
executive officer.
(c) Failure by a manufacturer to carry out all corrective actions ordered
by the executive officer shall constitute a violation of that order and of
Health and Safety Code Section 43105. The executive officer shall ex-
tend any deadline in the plan if he/she finds in writing that a manufacturer
has shown good cause for such extension. Each vehicle required by the
plan issued by the executive officer (including any modifications made
by him/her) to receive remedial action which does not receive such action
by the deadline(s) included in the plan shall constitute a separate viola-
tion of the order and of Health and Safety Code Section 43106.
The state board may hold a public hearing to consider whether approv-
al of such vehicles shall be suspended or conditioned.
The state board shall hold such a hearing if requested to do so by either
the affected manufacturer or the executive officer.
After such hearing, the state board may suspend or condition approval
if it finds that the corrective action ordered by the executive officer was
reasonable and that the manufacturer failed to comply or to comply with-
in the specified time period.
NOTE: Authority cited: Sections 39600, 39601 and 43105, Health and Safety
Code. Reference: Sections 39002, 39003, 39500, 43000, 43016, 43100-43102,
43104 and 43106, Health and Safety Code.
History
1. New section filed 5-4-76; effective thirtieth day thereafter (Register 76, No.
19).
2. Amendment filed 10-22-81 ; effective thirtieth day thereafter (Register 81 , No.
43).
3. Amendment filed 1 1-30-83; effective thirtieth day thereafter (Register 83, No.
49).
4. Amendment of section heading and subsection (a) filed 10-28-99; operative
1 1-27-99 (Register 99, No. 44).
Article 2.1 . Procedures for In-Use Vehicle
Voluntary and Influenced Recalls
§2111. Applicability.
(a) These procedures shall apply to:
(1) California-certified 1982 through the 2009 model-year passenger
cars, light-duty trucks, medium-duty vehicles, heavy-duty vehicles,
motorcycles, and California-certified 1997 and subsequent model-year
off-road motorcycles and all-terrain vehicles, and 2007 and subsequent
model-year off-road sport vehicles, off-road utility vehicles, and sand
cars, including those federally certified vehicles which are sold in Cali-
fornia pursuant to Health and Safety Code section 43102,
(2) California-certified motor vehicle engines used in such vehicles,
(3) California-certified 2000 and subsequent model-year off-road
compression-ignition engines, and
(4) California-certified 2009 and subsequent model-year spark-igni-
tion inboard and sterndrive marine engines complying with the Option
1 requirements in Section 2442(b)(1) and California-certified 2008 and
subsequent model-year spark-ignition inboard and sterndrive marine
engines complying with the Option 2 requirements in Section
2442(b)(1).
(b) These procedures shall not apply to zero emission vehicles and
those vehicles certified under Health and Safety Code section 44201 .
(c) The Executive Officer may waive any or all of the requirements of
these procedures if he or she determines that the requirement constitutes
an unwarranted burden on the manufacturer without a corresponding
emission reduction.
NOTE: Authority cited: Sections 39600, 39601,43013,43018,43105 and 43106,
Health and Safety Code. Reference: Sections 43000. 43009.5, 43013, 43018,
43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health and Safety Code.
Page 236.39
Register 2007, No. 49; 12-7-2007
§2112
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
History
1 . Repealer of former section 21 1 1, and renumbering and amendment of text pre-
viously incorporated by reference in section 2112 to section 2111 filed
1-24—90: operative 2-23-90 (Register 90, No. 8). For prior history, see Regis-
ters 86, No. 38.
2. Amendment of subsection (a)(1) filed 8-30-91 ; operative 9-30-91 (Register
92, No. 14).
3. Amendment of subsection (a)(1), new subsection (b), subsection relettering, and
amendment of Note filed 1-26-95; operative 1-26-95 pursuant to Govern-
ment Code section 11343.4(d) (Reeister 95, No. 4). Note: Under section
209(e)(2) of the Federal Clean Air Act (42 U.S.C. § 7543(e)(2)), California is
required to receive authorization from the Administrator of the U.S. Environ-
mental Protection Agency (U.S. EPA) prior to enforcing its regulations regard-
ing new off-road vehicles and engines. Accordingly, the Air Resources Board
will not seek to enforce the off-highway recreational vehicle regulations until
such time as it receives authorization from the U.S. EPA.
4. Amendment of subsections (a)(1) and (a)(2) filed 12-28-2000; operative
1 2-28-2000 pursuant to Government Code section 1 1343.4(d) (Register 2000,
No. 52).
5. Amendment of subsections (a)(2)-(3) and new subsection (a)(4) filed
7-22-2002; operative 8-21-2002 (Register 2002, No. 30).
6. Amendment of subsection (a)(4) filed 11-13-2006; operative 12-13-2006
(Register 2006, No. 46).
7. Amendment of subsection (a)(1) filed 7-16-2007; operative 8-15-2007 (Reg-
ister 2007, No. 29).
8. Amendment of subsection (a)(1) and amendment of Note filed 12-5-2007; op-
erative 1-4-2008 (Register 2007, No. 49).
§2112. Definitions.
(a) "Capture rate" means the percentage of in-use vehicles subject to
recall which must be corrected to bring the class or category of vehicles
into compliance. The number of vehicles subject to recall shall be based
on the actual number of vehicles in use as verified by the Department of
Motor Vehicles registration records, or vehicle or engine registration re-
cords compiled and prepared by R. L. Polk and Company or a compara-
ble source at the time a recall is initiated.
(b) "Correlation factor" means a pollutant-specific multiplicative fac-
tor calculated by a manufacturer for an engine family or test group which
establishes a relationship between chassis exhaust emission data, as de-
termined from the test procedures specified in section 1960.1 or 1961,
Title 13, California Code of Regulations, and engine exhaust emission
data, as determined from the test procedures specified in section 1956.8,
Title 13, California Code of Regulations.
(c) "Days", when computing any period of time, means normal work-
ing days on which a manufacturer is open for business, unless otherwise
noted.
(d) "Emission-Related Failure" means a failure of a device, system,
or assembly described in the approved application for certification which
affects any parameter, specification, or component enumerated in Ap-
pendix A to this subchapter 2.5 or listed in the Emission Warranty Parts
List pursuant to section 2036, Title 13, California Code of Regulations,
except for failures of devices, systems and assemblies which the Execu-
tive Officer has deleted from the manufacturer' s list of warranted parts
pursuant to section 2036 (f), Title 13, California Code of Regulations.
(e) "Emission Warranty Claim" means an adjustment, inspection, re-
pair or replacement of a specific emission-related component for which
the vehicle or engine manufacturer is invoiced or solicited by a repairing
agent for compensation pursuant to warranty provisions, regardless of
whether compensation is actually provided.
(f) "Executive Officer" means the Executive Officer of the Air Re-
sources Board or his or her authorized representative.
(g) "Influenced Emission Recall" means an inspection, repair, adjust-
ment, or modification program initiated and conducted by a manufactur-
er or its agent or representative as a result of in-use enforcement testing
or other evidence of noncompliance provided or required by the Board,
to remedy any nonconformity for which direct notification of vehicle or
engine owners is necessary.
(h) "Nonconformity" or "noncompliance" exists whenever:
(1) a substantial number of a class or category of vehicles or engines,
although properly maintained and used, experience a failure of the same
emission-related component within their useful lives which, if uncor-
rected, results in the vehicles' or engines' failure to meet the applicable
standards; or
(2) a class or category of vehicles or engines within their useful lives,
although properly maintained and used, on average does not comply with
the emission standards prescribed under section 43101 of the Health and
Safety Code which are applicable to the model-year of such vehicles or
engines.
(i) "Ordered Emission Recall" means an inspection, repair, adjust-
ment, or modification program required by the Board and conducted by
the manufacturer or its agent or representative to remedy any nonconfor-
mity for which direct notification of vehicle or engine owners is neces-
sary.
(j) "Quarterly reports" refer to the following calendar periods: January
1 -March 31, April 1-June 30, July 1 -September 30, October 1 -Decem-
ber 31.
(k) "Ultimate purchaser" has the same meaning as defined in section
39055.5 of the Health and Safety Code.
(/) "Useful life" means, for the purposes of this article:
(1) For Class I motorcycles and motorcycle engines (50 to 169 cc or
3.1 to 10.4 cu. in.), a period of use of five years or 12,000 kilometers
(7,456 miles), whichever first occurs.
(2) For Class II motorcycles and motorcycle engines (170 to 279 cc or
10.4 to 17.1 cu. in.), a period of use of five years or 18,000 kilometers
(11,185 miles), whichever first occurs.
(3) For Class III motorcycles and motorcycle engines (280 cc and larg-
er or 17.1 cu. in. and larger), a period of use of five years or 30,000 kilo-
meters (18,641 miles), whichever first occurs.
(4) For 1982 through 1984 model-year diesel heavy-duty vehicles
(except medium-duty vehicles), and 1982 through 1984 model-year
motor vehicle engines used in such vehicles, a period of use of five years,
100,000 miles, or 3000 hours of operation, whichever first occurs.
(5) For 1982 through 1987 model-year gasoline heavy-duty vehicles
(except medium-duty vehicles) certified using the steady-state emission
standards and test procedures, and 1982 through 1987 model-year gaso-
line heavy-duty motor vehicle engines certified using the steady-state
emission standards and test procedures, a period of use of five years or
50,000 miles, whichever first occurs.
(6) For 1987 through 2003 model-year gasoline heavy-duty vehicles
(except medium-duty vehicles) certified to the transient emission stan-
dards and test procedures, and 1987 and subsequent model-year gasoline
heavy-duty motor vehicle engines certified using the transient emission
standards and test procedures, a period of use of eight years or 1 10,000
miles, whichever first occurs, except as noted in paragraph (13).
(7) For 1985 through 2003 model-year heavy-duty diesel urban
buses, and 1 985 through 2003 model-year heavy-duty diesel engines to
be used in urban buses, and for 1985 through 2003 model-year diesel
heavy-duty vehicles (except medium-duty vehicles), and 1985 through
2003 model-year motor vehicle engines used in such vehicles, a period
of use of eight years or 1 10,000 miles, whichever first occurs, for diesel
light, heavy-duty vehicles; eight years or 185,000 miles, whichever first
occurs, for diesel medium, heavy-duty vehicles; and eight years or
290,000 miles, whichever first occurs, for diesel heavy, heavy-duty ve-
hicles, except as provided in paragraphs (11), (14), (15) and (16); or any
alternative useful life period approved by the Executive Officer. (The
classes of diesel light, medium, and heavy, heavy-duty vehicles are de-
fined in 40 CFR section 86.085-2, as amended November 16, 1983.)
(8) For light-duty and medium-duty vehicles certified under the Op-
tional 100,000 Mile Certification Procedure, and motor vehicle engines
used in such vehicles, a period of use of ten years or 100,000 miles,
whichever first occurs.
[The next page is 237.]
•
Page 236.40
Register 2007, No. 49; 12-7-2007
Title 13
Air Resources Board
§2112
(9) For 2001 and subsequent-model year medium-duty low-emis-
sion, ultra-low-emission and super-ultra-low-emission vehicles certi-
fied to the primary standards in section 1961(a)(1), and motor vehicle en-
gines used in such vehicles, a period of use of ten years or 1 20,000 miles,
whichever occurs first. For 2001 and subsequent medium-duty low-
emission, ultra-low-emission and super-ultra-low-emission vehicles
certified to the optional 150.000 mile standards in section 1961(a)(1),
and motor vehicle engines used in such vehicles, a period of use of fifteen
years or 150,000 miles, whichever occurs first. For all other 1995 and
subsequent model-year medium-duty vehicles and motor vehicle en-
gines used in such vehicles, and 1992 through 1994 model-year me-
dium-duty low-emission and ultra-low-emission vehicles certified to
the standards in Section 1 960. 1 (h)(2), and motor vehicle engines used in
such vehicles, a period of use of eleven years or 1 20,000 miles, whichev-
er occurs first.
(10) For all other light-duty and medium-duty vehicles, and motor ve-
hicle engines used in such vehicles, a period of use of five years or 50,000
miles, whichever first occurs. For those passenger cars, light-duty trucks
and medium-duty vehicles certified pursuant to section 1960.1.5, Title
13, California Code of Regulations, the useful life shall be seven years,
or 75,000 miles, whichever first occurs; however, the manufacturer's re-
porting and recall responsibility beyond 5 years or 50,000 miles shall be
limited, as provided in section 1960.1.5. For those passenger cars and
light-duty trucks certified pursuant to Title 13, California Code of Regu-
lations, section 1960.1 (f) and section 1960.1(g), the useful life shall be
ten years or 1 00,000 miles, whichever first occurs; however, for those ve-
hicles certified under section 1960.1(f), the manufacturer's warranty
failure and defects reporting and recall responsibility shall be subject to
the conditions and standards specified in section 1 960. 1 (f).
(11) For 1994 through 2003 model-year heavy heavy-duty diesel ur-
ban buses, and 1994 through 2003 model-year heavy heavy-duty diesel
engines to be used in urban buses, for the particulate standard, a period
of use often years or 290,000 miles, whichever first occurs; or any alter-
native useful life period approved by the Executive Officer.
(12) For 1997 and subsequent model year off-road motorcycles, all-
terrain vehicles, and for 2007 and subsequent model year off-road sport
vehicles, off-road utility vehicles, sand cars, and engines used in such ve-
hicles, a period of use of five years or 10,000 kilometers (6,250 miles),
whichever first occurs.
(13) For 1998 through 2003 model-year gasoline heavy-duty engines,
for the NOx standard, a period of use of ten years or 110,000 miles,
whichever first occurs; or any alternative useful life period approved by
the Executive Officer.
(14) For 1998 through 2003 model-year light heavy-duty diesel en-
gines, for the NOx standard, a period of use often years or 1 10,000 miles,
whichever first occurs; or any alternative useful life period approved by
the Executive Officer.
(15) For 1998 through 2003 model-year medium heavy-duty diesel
engines, for the NOx standard, a period of use of ten years or 185,000
miles, whichever first occurs; or any alternative useful life period ap-
proved by the Executive Officer.
(16) For 1998 through 2003 model-year heavy heavy-duty diesel en-
gines, for the NOx standard, a period of use often years or 290,000 miles,
whichever first occurs; or any alternative useful life period approved by
the Executive Officer.
(17) For those passenger cars and light-duty trucks certified to the pri-
mary standards in section 1961(a)(1), the useful life shall be ten years or
120,000 miles, whichever occurs first. For 2001 and subsequent passen-
ger car and light-duty truck low-emission, ultra-low-emission and su-
per-ultra-low-emission vehicles certified to the optional 150,000 mile
standards in section 1961(a)(1), and motor vehicle engines used in such
vehicles, a period of use of fifteen years or 150,000 miles, whichever oc-
curs first.
(18) For 2004 and subsequent model-year light heavy-duty diesel en-
gines, for carbon monoxide, particulate, and oxides of nitrogen plus non-
methane hydrocarbons emissions standards, a period of use of 10 years
or 1 10,000 miles, whichever first occurs, or any alternative useful life pe-
riod approved by the Executive Officer.
(19) For 2004 and subsequent model-year medium heavy-duty diesel
engines, for carbon monoxide, particulate, and oxides of nitrogen plus
non-methane hydrocarbons emissions standards, a period of use often
years or 1 85,000 miles, whichever first occurs; or any alternative useful
life period approved by the Executive Officer.
(20) For 2004 and subsequent model-year heavy heavy-duty diesel
engines, 2004 and subsequent model-year heavy-duty diesel urban
buses, 2004 and subsequent model-year heavy-duty diesel engines to be
used in urban buses, and 2004 and subsequent model year hybrid-elec-
tric urban buses for carbon monoxide, particulate, and oxides of nitrogen
plus non-methane hydrocarbon emissions standards, a period of use of
1 0 years or 435,000 miles, or 22,000 hours, whichever first occurs, or any
alternative useful life period approved by the Executive Officer, except
as provided in paragraphs (19)(i) and (19)(ii).
(i) The useful life limit of 22,000 hours in paragraph (19) of this defini-
tion is effective as a limit to the useful life only when an accurate hours
meter is provided by the manufacturer with the engine and only when
such hours meter can reasonably be expected to operate properly over the
useful life of the engine.
(ii) For an individual engine, if the useful life hours limit of 22,000
hours is reached before the engine reaches 10 years or 100,000 miles, the
useful life shall become 10 years or 100,000 miles, whichever occurs
first, as required under Clean Air Act section 202(d) (42 U.S.C. 7521(d)).
(2 1 ) For 2004 and subsequent model-year heavy-duty Otto-cycle en-
gines, for carbon monoxide, particulate, and oxides of nitrogen plus non-
methane hydrocarbon emissions standards, a period of use of 10 years or
1 10,000 miles, whichever first occurs.
(22) For 2000 and later model year off-road compression-ignition en-
gines, for oxides of nitrogen, hydrocarbon, oxides of nitrogen plus hy-
drocarbon (when applicable), carbon monoxide, particulate emission
standards, and for smoke opacity:
(A) For all engines rated under 19 kilowatts, and for constant-speed
engines rated under 37 kilowatts with rated speeds greater than or equal
to 3,000 revolutions per minute, a period of use of five years or 3,000
hours of operation, whichever first occurs.
(B) For all other engines rated above 19 kilowatts and under 37 kilo-
watts, a period of use of seven years or 5,000 hours of operation, which-
ever first occurs.
(C) For engines rated at or above 37 kilowatts, a period of use of ten
years or 8,000 hours of operation, whichever first occurs.
(23) California-certified 2009 and subsequent model year spark-igni-
tion inboard and sterndrive marine engines complying with the Option
1 requirements in Section 2442(b)(1) and California-certified 2008 and
subsequent model-year spark-ignition inboard and sterndrive marine
engines complying with the Option 2 requirements in Section
2442(b)( 1 ), a period of ten years or 480 hours, whichever first occurs for
engines 485 kilowatts and less. For engines greater than 485 kilowatts,
a period of one year or 50 hours, whichever first occurs. Manufacturers
of engines greater than 485 kilowatts may petition the Executive Officer
for a approval of a shorter period when appropriate.
(m) "Vehicle or engine manufacturer" means the manufacturer
granted certification for a motor vehicle or motor vehicle engine.
(n) "Voluntary Emission Recall" means an inspection, repair, adjust-
ment, or modification program voluntarily initiated and conducted by a
manufacturer or its agent or representative to remedy any nonconformity
for which direct notification of vehicle or engine owners is necessary.
Appendix A
to Article 2.1
California In-Use Vehicle Emission-Related Recall Procedures, En-
forcement Test Procedures, and Failure Reporting Procedures for 1982
and Subsequent Model-Year Passenger Cars, Light-Duty Trucks, Me-
dium-Duty Vehicles, Heavy-Duty Vehicles and Engines, Motorcycles,
Page 237
Register 2007, No. 49; 12-7-2007
§2112
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
1997 and Subsequent Model-Year Off-Road Motorcycles and All-Ter-
rain Vehicles, 2000 and Subsequent Model-Year Off-Road Compres-
sion-Ignition Engines, and 2008 and Subsequent Model-Year Spark-
Ignition Inboard and Stemdrive Marine Engines.
Vehicle and Engine Parameters, Components, and Specifications
I. Passenger Car, Light-Duty Truck. Medium-Duty Vehicle, Motor-
cycle, and Inboard and Sterndrive Parameters and Specifications.
A. Basic Engine Parameters — Reciprocating Engines.
1. Compression ratio.
2. Cranking compression pressure.
3. Valves (intake and exhaust).
a. Head diameter dimension.
b. Valve lifter or actuator type and valve lash dimension.
4. Turbocharger calibrations.
5. Camshaft timing.
a. Valve opening (degrees BTDC).
b. Valve closing (degrees ATDC).
c. Valve overlap (inch-degrees).
B. Basic Engine Parameters — Rotary Engines.
1. Intake port(s): Timing and overlap if exposed to the combustion
chamber.
2. Exhaust port(s): Timing and overlap if exposed to the combustion
chamber.
3. Cranking compression pressure.
4. Compression ratio.
C. Air Inlet System: Temperature control system calibration.
D. Fuel System.
1. General
a. Engine idle speed.
b. Engine idle mixture.
2. Carburetion.
a. Air-fuel flow calibration.
b. Transient enrichment system calibration.
c. Starting enrichment system calibration.
d. Altitude compensation system calibration.
e. Hot idle compensation system calibration.
3. Fuel injection.
a. Control parameters and calibrations.
b. Fuel shutoff system calibration.
c. Starting enrichment system calibration.
d. Transient enrichment system calibration.
e. Air-fuel flow calibration.
f. Altitude compensation system calibration.
g. Operating pressure(s).
h. Injector timing calibrations.
E. Ignition System.
1. Control parameters and calibrations.
2. Initial timing setting.
3. Dwell setting.
4. Altitude compensation system calibration.
5. Spark plug voltage.
F. Engine Cooling System: Thermostat calibration.
456G. Exhaust Emission Control system.
1. Air injection system.
a. Control parameters and calibrations.
b. EGR valve flow calibration.
2. EGR system.
a. Control parameters and calibrations.
b. EGR valve flow calibration.
3. Catalytic converter system.
a. Active surface area.
b. Volume of catalyst.
c. Conversion efficiency.
d. Leaded fuel restrictor or constricted fuel filler neck.
4. Backpressure.
H. Evaporative Emission Control System.
1 . Control parameters and calibrations.
2. Fuel tank.
a. Pressure and vacuum relief settings.
b. Fuel fill pipe and opening specifications (Reference section
2290, Title 13, C.C.R.).
I. Crankcase Emission Control System.
1. Control parameters and calibrations.
2. Valve calibration(s).
J. Auxiliary Emission Control Devices (AECD).
1. Control parameters and calibrations.
2. Component calibration(s).
K. Emission Control Related Malfunction and Diagnostic Systems.
1. On-Board Malfunction and Diagnostic Systems
a. Control parameters and calibrations.
b. Component calibration(s).
2. Emission Control Related Warning Systems
a. Control parameters and calibrations.
b. Component calibration(s).
L. Driveline Parameters.
1. Axle ratio(s).
II. Heavy-Duty Gasoline Engine Parameters and Specifications.
A. Basic Engine Parameters.
1. Compression ratio.
2. Cranking compression pressure.
3. Supercharger/turbocharger calibration.
4. Valves (intake and exhaust).
a. Head diameter dimension.
b. Valve lifter or actuator type and valve lash dimension.
5. Camshaft timing.
a. Valve opening (degrees BTDC).
b. Valve closing (degrees ATDC).
c. Valve overlap (inch-degrees).
B. Air Inlet System: Temperature control system calibration.
C. Fuel System.
1. General.
a. Engine idle speed.
b. Engine idle mixture.
2. Carburetion.
a. Air-fuel flow calibration.
b. Transient enrichment system calibration.
c. Starting enrichment system calibration.
d. Altitude compensation system calibration.
e. Hot idle compensation system calibration.
3. Fuel injection.
a. Control parameters and calibrations.
b. Fuel shutoff system calibration.
c. Starting enrichment system calibration.
d. Transient enrichment system calibration.
e. Air-fuel flow calibration.
f. Altitude compensation system calibration.
g. Operating pressure(s).
h. Injector timing calibrations.
D. Ignition System.
1. Control parameters and calibrations.
2. Initial timing setting.
3. Dwell setting.
4. Altitude compensation system calibration.
5. Spark plug voltage.
E. Engine Cooling System: Thermostat calibration.
F. Exhaust Emission Control system.
1. Air injection system.
a. Control parameters and calibrations.
b. Pump flow rate.
2. EGR system.
a. Control parameters and calibrations.
Page 238
Register 2007, No. 49; 12-7-2007
Title 13
Air Resources Board
§2113
b. EGR valve flow calibration.
3. Catalytic converter system.
a. Active surface area.
b. Volume of catalyst.
c. Conversion efficiency.
d. Leaded fuel restrictor or constricted fuel filler neck.
4. Backpressure.
G. Evaporative Emission Control System.
1. Control parameters and calibrations.
2. Fuel tank.
a. Pressure and vacuum relief settings.
b. Fuel fill pipe and opening specifications (Reference section
2290, Title 13, C.C.R.).
H. Crankcase Emission Control System.
1. Control parameters and calibrations.
2. Valve calibration(s).
1. Auxiliary Emission Control Devices (AECD).
1. Control parameters and calibrations.
2. Component calibration(s).
J. Emission Control Related Warning Systems.
1. Control parameters and calibrations.
2. Component calibration(s).
III. Heavy-Duty Diesel Engine and Off-Road Compression-Ignition
Engine Parameters and Specifications.
A. Basic Engine Parameters — Four Stroke Cycle Reciprocating En-
gines.
1. Compression ratio.
2. Cranking compression pressure.
3. Supercharger/turbocharger calibration.
4. Valves (intake and exhaust).
a. Head diameter dimension.
b. Valve lifter or actuator type and valve lash dimension.
5. Camshaft timing.
a. Valve opening (degrees BTDC).
b. Valve closing (degrees ATDC).
c. Valve overlap (inch-degrees).
B. Basic Engine Parameters — Two Stoke Cycle Reciprocating En-
gine.
1-5. Same as section III. A.
6. Intake port(s): Timing in combustion cycle.
7. Exhaust port(s): Timing in combustion cycle.
C. Air Inlet System: Temperature control system calibration.
1. Temperature control system calibration.
2. Maximum allowable air inlet restriction.
D. Fuel System.
I. Fuel injection.
a. Control parameters and calibrations.
b. Transient enrichment system calibration.
c. Air-fuel flow calibration.
d. Altitude compensation system calibration.
e. Operating pressure(s).
f. Injector timing calibration.
E. Exhaust Emission Control System: Maximum allowable backpres-
sure.
F. Crankcase Emission Control System.
1. Control parameters and calibrations.
2. Valve calibration(s).
G. Auxiliary Emission Control Device (AECD).
1. Control parameters and calibrations.
2. Component calibration(s).
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43104,
43105 and 43806, Health and Safety Code; and Section 281 14, Vehicle Code. Ref-
erence: Sections 39002, 39003, 39500, 43000, 43009.5, 43013, 43018, 43100,
43101, 43101.5, 43102, 43104, 43105, 43106, 43107, 43202, 43204-43205.5,
43206. 432 1 0, 432 ] 1 , 432 1 2, 432 1 3 and 43806, Heal th and Safety Code; and Sec-
tion 28114, Vehicle Code.
History
1 . Amendment of text previously incorporated by reference filed 1-24-90; opera-
ti ve 2-23-90 (Register 90, No. 8). For prior history, see Registers 86, No. 38 and
83, No. 17.
2. Amendment of subsection (k)(9) filed 5-22-90; operative 6-21-90 (Register
90, No. 28).
3. Change without regulatory effect amending subsection (c) and adding Appen-
dix A to the Table of Contents below article 2. 1 , filed 1 0-16-90 pursuant to sec-
tion 100, title 1, California Code of Regulations (Register 90, No. 46).
4. Amendment of subsections (b), (c), (d), (e), (f). (g), (h), (i), (j), (k), (/), (m) and
(n) filed 8-2-91 ; operative 9-2- 91 (Register 91. No. 49).
5. Amendment of subsection (/) filed 8-30-91; operative 9-30-91 (Register 92,
No. 14).
6. Amendment of subsection (/)(7) and new subsection (/)(1 1) filed 5-12-94; op-
erative 6-13-94 (Register 94, No. 19).
7. New subsection (/)(12) and amendment of Appendix filed 1-26-95; operative
1-26-95 pursuant to Government Code section 1 1343.4(d) (Register95, No. 4).
Note: Under section 209(e)(2) of the Federal Clean Air Act (42 U.S.C.
§ 7543(e)(2)), California is required to receive authorization from the Adminis-
trator of the U.S. Environmental Protection Agency (U.S. EPA) prior to enforc-
ing its regulations regarding new off-road vehicles and engines. Accordingly,
the Air Resources Board will not seek to enforce the off-highway recreational
vehicle regulations until such time as it receives authorization from the U.S.
EPA.
8. Amendment of subsections (/)(6)-(7) and new subsections (/)(13)-(16) filed
12-14-95; operative 1-13-96 (Register 95, No. 50).
9. Amendment of subsections (/)(6)-(7), (/)(1 1) and (/)(13)-(16) and new subsec-
tions (/)(17)-(/)(20) filed 4-15-99; operative 5-15-99 (Register 99, No. 16).
10. Amendment of subsections (b) and (0(9), new subsection (0(17) and subsec-
tion relettering filed 10-28-99; operative 1 1-27-99 (Register 99, No. 44).
1 1 . New subsections (0(22)-(/)(22)(C), amendment of first paragraph and section
III. of Appendix A, and amendment of Note filed 12-28-2000; operative
12-28-2000 pursuant to Government Code section 1 1343.4(d) (Register 2000,
No. 52).
12. New subsection (0(23) and amendment of first paragraph and heading I. of Ap-
pendix filed 7-22-2002; operative 8-21-2002 (Register 2002, No. 30).
13. Amendment of section and Note filed 10-16-2003; operative 11-15-2003
(Register 2003, No. 42).
14. Amendment of subsection (0(23) and first paragraph of Appendix A to article
2.1 and amendment of Note filed 11-13-2006; operative 12-13-2006 (Regis-
ter 2006, No. 46).
15. Amendment of subsection (0(12) filed 7-16-2007; operative 8-15-2007
(Register 2007, No. 29).
§ 211 3. Initiation and Approval of Voluntary and Influenced
Emission-Related Recalls.
(a) When any manufacturer initiates a voluntary emission recall cam-
paign, the manufacturer shall notify the Executive Officer of the recall
at least 30 days before owner notification is to begin. The manufacturer
shall also submit a voluntary recall plan for approval, as prescribed under
Section 2114 of these procedures. A voluntary recall plan shall be
deemed approved unless disapproved by the Executive Officer within 20
days after receipt of the recall plan.
(b) When any manufacturer, based on enforcement test results or any
other information provided or required by the ARB, proposes to initiate
an influenced emission recall campaign, the manufacturer shall submit
for approval by the Executive Officer an influenced emission recall plan
as prescribed by Section 21 14 of these procedures. The plan shall be sub-
mitted within 45 days following the receipt of a notification from the
ARB that enforcement test results or other information demonstrate a ve-
hicle or an engine noncompliance.
(c) The Executive Officer shall approve the recall plan if the plan con-
tains the information specified in Section 21 14 and is designed to notify
the vehicle owner and correct the nonconformity in an expeditious man-
ner. Notification of vehicle or engine owners and the implementation of
recall repairs shall commence no later than the schedule specified under
Section 21 14(a)(3) and (4), unless the manufacturer can show good cause
for the Executive Officer to extend the deadline.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018 and 43105, Health
and Safety Code. Reference: Health and Safety Code Sections 43000, 43009.5,
43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health
and Safety Code.
History
1 . Repealer of former Section 2113, and renumbering and amendment of text pre-
viously incorporated by reference in Section 2112 to Section 2113 filed
Page 239
Register 2007, No. 49; 12-7-2007
§2114
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
1-24-90; operative 2-23-90 (Register 90, No. 8). For prior history, see Regis-
ters 86, No. 38 and 83, No. 17.
2. Amendment of Note filed 1-26-95; operative 1—26—95 pursuant to Govern-
ment Code section 11343.4(d) (Register 95, No. 4). Note: Under section
209(e)(2) of the Federal Clean Air Act (42 U.S.C. § 7543(e)(2)), California is
required to receive authorization from the Administrator of the U.S. Environ-
mental Protection Agency (U.S. EPA) prior to enforcing its regulations regard-
ing new off-road vehicles and engines. Accordingly, the Air Resources Board
will not seek to enforce the off-highway recreational vehicle regulations until
such lime as it receives authorization from the U.S. EPA.
§ 2114. Voluntary and Influenced Recall Plans.
(a) The recall plan tor both voluntary and influenced recalls shall con-
tain the following information unless otherwise specified:
(J) A description of each class or category of vehicle or engine subject
to recall including the number of vehicles or engines to be recalled, the
engine family, test group or a subgroup thereof, the model year, the make,
the model, and such other information as may be required to identify the
vehicles or engines to be recalled.
(2) A description of the nonconformity and the specific modifications,
alterations, repairs, adjustments, or other changes to be made to correct
the vehicles or engines.
(3) A description of the method by which the manufacturer will deter-
mine the names and addresses of vehicle or engine owners and the man-
ufacturer's method and schedule for notifying the service facilities and
vehicle or engine owners of the recall.
(4) A description of the procedure to be followed by vehicle or engine
owners to obtain correction of the nonconformity. This shall include the
date on or after which the owner can have the nonconformity remedied,
the time reasonably necessary to perform the labor to remedy the noncon-
formity, and the designation of facilities at which the nonconformity can
be remedied.
(5) If some or all of the nonconforming vehicles or engines are to be
remedied by persons other than dealers or authorized warranty agents of
the manufacturer, a description of such class of persons.
(6) A copy of the letter of notification to be sent to vehicle or engine
owners.
(7) A description of the system by which the manufacturer will assure
that an adequate supply of parts will be available to perform the repair
under the recall plan, including the date by which an adequate supply of
parts will be available to initiate the repair campaign, and the method to
be used to assure the supply remains both adequate and responsive to
owner demand.
(8) A copy of all necessary instructions to be sent to those persons who
are to perform the repair.
(9) A description of the impact of the proposed repairs or adjustments
on fuel economy, driveability, performance and safety of each class or
category of vehicles or engines to be recalled and a brief summary of the
data, technical studies, or engineering evaluations which support these
descriptions.
(10) Under an influenced recall, an estimate of the capture rate from
the proposed recall derived from actual data and/or manufacturer experi-
ence. A 60 percent capture rate shall be assigned for recalls based exclu-
sively on noncompliance as defined in Section 2112(h)(1), above.
(1 1 ) Under an influenced recall based on noncompliance as defined in
Section 21 12(h)(2), above, a description of the impact of the proposed
changes on the average emissions from the vehicles or engines to be re-
called. The description shall contain the following:
(A) Average noncompliance emission levels.
(B) Average emission reduction per pollutant resulting from the recall
repair. These averages shall be verified by the manufacturer by applying
the proposed recall repairs to two or more in-use vehicles or engines rep-
resenting the average noncompliance emission levels. Only those ve-
hicles or engines with baseline-emission levels within 25 percent of the
average emission levels of noncomplying pollutant(s) established under
the in-use enforcement test program may be used by manufacturers to
verify proposed recall repairs. The Executive Officer may allow the use
of vehicles or engines exceeding these limits if none which meet the lim-
its can be reasonably procured. In the case of heavy-duty engines, the av-
erage emission levels may be verified using laboratory engines, subject
to approval by the Executive Officer.
(C) An estimate of the average emission level per pollutant for the
class or category of vehicles or engines after repair as corrected by the
estimated capture rate. The estimated average emission level shall com-
ply with the applicable emission standard. The Executive Officer may
waive the requirement for average emission compliance with the stan-
dards provided the emission level per vehicle repaired is reduced to its
new-vehicle certification emission level at a minimum capture rate of 60
percent.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018 and 43105, Health
and Safety Code. Reference: Health and Safety Code Sections 43000, 43009.5,
43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health
and Safety Code.
History
1 . Renumbering and amendment of text previously incorporated by reference in
Section 21 12 to Section 2114 filed 1-24-90; operative 2-23-90 (Register 90,
No. 8). For prior history, see Registers 86, No. 38 and 83, No. 17.
2. Amendment of Note filed 1-26-95; operative 1-26-95 pursuant to Govern-
ment Code section 11343.4(d) (Register 95, No. 4). Note: Under section
209(e)(2) of the Federal Clean Air Act (42 U.S.C. § 7543(e)(2)), California is
required to receive authorization from the Administrator of the U.S. Environ-
mental Protection Agency (U.S. EPA) prior to enforcing its regulations regard-
ing new off-road vehicles and engines. Accordingly, the Air Resources Board
will not seek to enforce the off-highway recreational vehicle regulations until
such time as it receives authorization from the U.S. EPA.
3. Amendment of subsections (a)(l),(a)( 10) and (a)(l 1) filed 10-28-99; operative
11-27-99 (Register 99, No. 44).
4. Editorial correction restoring inadvertently omitted subsection (a)(l 0) (Register
99, No. 45).
§ 21 1 5. Eligibility for Repair.
The manufacturer shall not condition eligibility for repair on the prop-
er maintenance or use of the vehicle except for strong and compelling
reasons and with the approval of the Executive Officer; however, the
manufacturer shall not be obligated to repair a component which has
been removed or altered so that the remedial action cannot be performed
without additional cost.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018 and 43105, Health
and Safety Code. Reference: Health and Safety Code Sections 43000, 43009.5,
43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health
and Safety Code.
History
1 . Renumbering and amendment of text previously incorporated by reference in
Section 2112 to Section 2115 filed 1-24-90; operative 2-23-90 (Register 90,
No. 8). For prior history, see Registers 86, No. 38 and 83, No. 17.
2. Amendment of Note filed 1-26-95; operative 1-26-95 pursuant to Govern-
ment Code section 11343.4(d) (Register 95, No. 4). Note: Under section
209(e)(2) of the Federal Clean Air Act (42 U.S.C. § 7543(e)(2)), California is
required to receive authorization from the Administrator of the U.S. Environ-
mental Protection Agency (U.S. EPA) prior to enforcing its regulations regard-
ing new off-road vehicles and engines. Accordingly, the Air Resources Board
will not seek to enforce the off-highway recreational vehicle regulations until
such time as it receives authorization from the U.S. EPA.
§2116. Repair Label.
(a) The manufacturer shall require those who perform the repair to af-
fix a label to each vehicle or engine repaired, or, when required, in-
spected, under the voluntary or influenced recall plan.
(b) The label shall be placed in a location approved by the Executive
Officer and shall be fabricated of a material suitable for such location in
which it is installed and which is not readily removable.
(c) The label shall contain the recall campaign number and a code des-
ignating the campaign facility at which the repair, or inspection for re-
pair, was performed.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018 and 43105, Health
and Safety Code. Reference: Health and Safety Code Sections 43000, 43009.5,
43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health
and Safety Code.
History
1. Renumbering and amendment of text previously incorporated by reference in
Section 21 12 to Section 21 16 filed 1-24-90; operative 2-23-90 (Register 90,
No. 8). For prior history, see Registers 86, No. 38 and 83, No. 17.
2. Amendment of Note filed 1-26-95; operative 1-26-95 pursuant to Govern-
ment Code section 11343.4(d) (Register 95, No. 4). Note: Under section
209(e)(2) of the Federal Clean Air Act (42 U.S.C. § 7543(e)(2)), California is
required to receive authorization from the Administrator of the U.S. Environ-
mental Protection Agency (U.S. EPA) prior to enforcing its regulations regard-
Page 240
Register 2007, No. 49; 12-7-2007
Title 13
Air Resources Board
§2119
ing new off-road vehicles and engines. Accordingly, the Air Resources Board
will not seek to enforce the off-highway recreational vehicle regulations until
such time as it receives authorization from the U.S. EPA.
§ 21 1 7. Proof of Correction Certificate.
The manufacturer shall require those who perform the repair to pro-
vide the owner for each vehicle or engine repaired with a certificate, in
a format prescribed by the Executive Officer, which indicates that the
noncomplying vehicle or engine has been corrected under the recall pro-
gram. This requirement shall become effective and applicable upon the
effective date of a recall enforcement program adopted by the Depart-
ment of Motor Vehicles or another state agency which requires presenta-
tion of proof of correction of a recalled vehicle prior to issuance of a smog
certificate, registration renewal, or other entitlement to use.
NOTE: Authority cited: Sections 39600, 39601, 43013, 4301 8 and 43105, Health
and Safety Code. Reference: Health and Safety Code Sections 43000, 43009.5,
43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health
and Safety Code.
History
1. New section filed 1-24-90; operative 2-23-90 (Register 90, No. 8).
2. Amendment of section and Note filed 1-26-95; operative 1-26-95 pursuant
to Government Code section 11343.4(d) (Register 95, No. 4). Note: Under sec-
tion 209(e)(2) of the Federal Clean Air Act (42 U.S.C. § 7543(e)(2)), California
is required to receive authorization from the Administrator of the U.S. Environ-
mental Protection Agency (U.S. EPA) prior to enforcing its regulations regard-
ing new off-road vehicles and engines. Accordingly, the Air Resources Board
will not seek to enforce the off-highway recreational vehicle regulations until
such time as it receives authorization from the U.S. EPA.
§2118. Notification.
The notification of vehicle or engine owners shall contain the follow-
ing:
(a) The statement: "Your (vehicle or engine) (is or may be) releasing
air pollutants which exceed (California or California and federal) stan-
dards," if applicable as determined by the Executive Officer.
(b) A statement that the nonconformity of any such vehicles or engines
will be remedied at the expense of the manufacturer.
(c) A statement that such nonconformity if not repaired may cause the
vehicle or engine to fail a vehicle inspection or Smog Check test when
such tests are required under state law.
(d) A statement describing the adverse effect, if any, of the uncorrected
nonconformity on the performance, fuel economy, or durability of the
vehicle or engine.
(e) After the effective date of the recall enforcement program referred
to in Section 2117, a statement that a certificate showing that the vehicle
has been repaired under the recall program shall be issued by the service
facilities, and that such a certificate will be required as a condition of ve-
hicle registration or operation, as appropriate.
(f) A card to be used by a vehicle or engine owner in the event the ve-
hicle or engine to be recalled has been sold. Such card should be ad-
dressed to the manufacturer, have postage paid, and shall provide a space
in which the owner may indicate the name and address of the person to
whom the vehicle or engine was sold or transferred.
(g) The statement: "In order to ensure your full protection under the
emission warranty provisions, it is recommended that you have your (ve-
hicle or engine) serviced as soon as possible. Failure to do so could be
determined as lack of proper maintenance of your (vehicle or engine)."
This statement is not required for off-road motorcycles or all-terrain ve-
hicles.
(h) A telephone number provided by the manufacturer, which may be
used to report difficulty in obtaining recall repairs.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018 and 43105, Health
and Safety Code. Reference: Health and Safetv Code Sections 43000. 43009.5,
43013, 43018, 43101, 43104, 43105, 43106. 43107 and 43204-43205.5, Health
and Safety Code.
His
1 . Renumbering and amendment of te incorporated by reference in
Section 21 12 to Section 2118 filed -alive 2-23-90 (Register 90,
No. 8). For prior history, see Regi.v ^ and 83, No. 17).
2. Amendment of subsection (g) and J\ . -95; operative 1-26-95 pur-
suant to Government Code section 1 1. lister 95, No. 4). Note: Under
section 209(e)(2) of the Federal Clea; : 2 U.S.C. § 7543(e)(2)), Cali-
fornia is required to receive authorizaii... rw the Administrator of the U.S.
Environmental Protection Agency (U.S. EPA) prior to enforcing its regulations
regarding new off-road vehicles and engines. Accordingly, the Air Resources
Board will not seek to enforce the off-highway recreational vehicle regulations
until such time as it receives authorization from the U.S. EPA.
§ 21 19. Recordkeeping and Reporting Requirements.
(a) Unless otherwise specified by the Executive Officer, the manufac-
turer shall report on the progress of the recall campaign by submitting
subsequent reports for six consecutive quarters commencing with the
quarter after the recall campaign begins. Such reports shall be submitted
no later than 25 days after the close of each calendar quarter to: Chief,
Mobile Source Operations Division, 9528 Telestar, El Monte, CA 91 73 1 .
For each class or category of vehicle or engine subject to the emission
recall campaign, the quarterly report shall contain the following:
(1) Engine family or test group and emission recall campaign number
designated by the manufacturer.
(2) Date owner notification was begun, and date completed.
(3) Number of vehicles or engines involved in the voluntary or in-
fluenced emission recall campaign.
(4) Number of vehicles or engines known or estimated to be affected
by the nonconformity and an explanation of the means by which this
number was determined.
(5) Number of vehicles or engines inspected pursuant to the voluntary
or influenced emission recall plan.
(6) Number of inspected vehicles or engines found to be affected by
the nonconformity.
(7) Number of vehicles or engines receiving repair under the recall
plan.
(8) Number of vehicles or engines determined to be unavailable for in-
spection or repair under the recall plan due to exportation, theft, scrap-
ping, or for other reasons (specify).
(9) Number of vehicles or engines determined to be ineligible for re-
call action due to removed or altered components.
(10) A listing of the identification numbers of vehicles or engines sub-
ject to recall but for whose repair the manufacturer has not been invoiced.
This listing shall be supplied in a standardized computer data storage de-
vice to be specified by the Executive Officer. The frequency of this sub-
mittal may be changed by the Executive Officer depending on the needs
of recall enforcement.
(1 1) A copy of any service bulletins transmitted to dealers or other au-
thorized repair facilities which relate to the nonconformity to be cor-
rected and which have not previously been reported.
(12) A copy of all communications transmitted to vehicle or engine
owners which relate to the nonconformity and which have not previously
been submitted.
(b) If the manufacturer determines that any of the information sub-
mitted to the Executive Officer pursuant to (a) above has changed or was
incorrect, revised information and an explanatory note shall be sub-
mitted. Responses to subsections (a)(5), (6), (7), (8), and (9) above shall
be cumulative totals.
(c) The manufacturer shall maintain in a form suitable for inspection,
such as computer information storage devices or card files, and shall
make available to the Executive Officer or his or her authorized represen-
tative upon request, the names and addresses of vehicle or engine owners:
(1) To whom notification was given;
(2) Whose vehicles were repaired or inspected under the recall plan;
and
(3) Who were determined not to qualify for such recall action due to
removed or altered components.
(d) The information gathered by the manufacturer to compile the re-
ports required by these procedures shall be retained for not less than one
year beyond the useful life of the vehicles or engines and shall be made
available to authorized personnel of the Air Resources Board upon re-
quest.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018 and 43105, Health
and Safety Code. Reference: Health and Safety Code Sections 43000, 43009.5,
43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health
and Safety Code.
Page 240.1
Register 2007, No. 49; 12-7-2007
§2120
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
History
1. Renumbering and amendment of text previously incorporated by reference in
Section 21 12 to Section 2119 filed 1-24-90; operative 2-23-90 (Register 90,
No. 8). For prior history, see Registers 86. No. 38 and 83, No. 17.
2. Amendment of Note filed 1-26-95; operative 1-26-95 pursuant to Govern-
ment Code section 11343.4(d) (Register 95. No. 4). Note: Under section
209(e)(2) of the Federal Clean Air Act (42 U.S.C. § 7543(e)(2)). California is
required to receive authorization from the Administrator of the U.S. Environ-
mental Protection Agency (U.S. EPA) prior to enforcing its regulations regard-
ing new off-road vehicles and engines. Accordingly, the Air Resources Board
will not seek to enforce the off-highway recreational vehicle regulations until
such time as it receives authorization from the U.S. EPA.
3. Amendment of subsections (a) and (a)(1) filed 10-28-99; operative 1 1-27-99
(Register 99, No. 44).
§ 21 20. Other Requirements Not Waived.
The filing of any report under the provisions of these procedures shall
not affect a manufacturer's responsibility to file reports or applications,
obtain approval, or give notice under any other provisions of law.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018 and 43105, Health
and Safety Code. Reference: Health and Safety Code Sections 43000, 43009.5,
43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5. Health
and Safety Code.
History
1 . Renumbering and amendment of text previously incorporated by reference in
Section 2112 to Section 2120 filed 1-24-90; operative 2-23-90 (Register 90,
No. 8). For prior history, see Registers 86, No. 38 and 83, No. 17.
2. Amendment of Note filed 1-26-95; operative 1-26-95 pursuant to Govern-
ment Code section 11343.4(d) (Register 95, No. 4). Note: Under section
209(e)(2) of the Federal Clean Air Act (42 U.S.C. § 7543(e)(2)), California is
required to receive authorization from the Administrator of the U.S. Environ-
mental Protection Agency (U.S. EPA) prior to enforcing its regulations regard-
ing new off-road vehicles and engines. Accordingly, the Air Resources Board
will not seek to enforce the off-highway recreational vehicle regulations until
such time as it receives authorization from the U.S. EPA.
§2121. Penalties.
Under the influenced recall, failure by a manufacturer to notify the ve-
hicle or engine owners and repair the vehicles or engines in the manner
specified in the plan shall constitute a violation of the Executive Officer's
order approving the plan and a violation of Health and Safety Code Sec-
tion 43 1 05. Notwithstanding the above, no penalty shall be imposed for
a manufacturer's failure to meet the estimated capture rate except for an
influenced recall when the 60-percent capture rate is required pursuant
to Section 21 14(a)(10) above, in which case a recall pursuant to Section
2123 below may be ordered if the Executive Officer determines that the
manufacturer did not show a good faith effort to achieve the capture rate
set forth in the recall plan.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018 and 43105, Health
and Safety Code. Reference: Health and Safety Code Sections 43000, 43009.5,
43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health
and Safety Code.
History
1. New section filed 1-24-90; operative 2-23-90 (Register 90, No. 8).
2. Amendment of Note filed 1-26-95; operative 1-26-95 pursuant to Govern-
ment Code section 11343.4(d) (Register 95, No. 4). Note: Under section
209(e)(2) of the Federal Clean Air Act (42 U.S.C. § 7543(e)(2)), California is
required to receive authorization from the Administrator of the U.S. Environ-
mental Protection Agency (U.S. EPA) prior to enforcing its regulations regard-
ing new off-road vehicles and engines. Accordingly, the Air Resources Board
will not seek to enforce the off-highway recreational vehicle regulations until
such time as it receives authorization from the U.S. EPA.
Article 2.2.
Procedures for In-Use Vehicle
Ordered Recalls
§2122. General Provisions.
The provisions regarding applicability of the ordered recall proce-
dures and the definitions shall be the same as those set forth in Title 13,
California Code of Regulations, Sections 2111 and 2112. The provisions
of this Article shall apply to the vehicles and engines specified in section
2111 manufactured up to and including the 2009 model year, plus their
useful lives. This Article shall not apply to vehicles and engines
manufactured for the 2010 model year and thereafter.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018, 43105 and 43106,
Health and Safety Code. Reference: Health and Safety Code Sections 43000,
43009.5, 43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5,
Health and Safety Code.
History
1. New section filed 1-24-90; operative 2-23-90 (Register 90, No. 8).
2. Amendment of Note filed 1-26-95; operative 1-26-95 pursuant to Govern-
ment Code section 11343.4(d) (Register 95, No. 4). Note: Under section
209(e)(2) of the Federal Clean Air Act (42 U.S.C. § 7543(e)(2)), California is
required to receive authorization from the Administrator of the U.S. Environ-
mental Protection Agency (U.S. EPA) prior to enforcing its regulations regard-
ing new off-road vehicles and engines. Accordingly, the Air Resources Board
will not seek to enforce the off-highway recreational vehicle regulations until
such time as it receives authorization from the U.S. EPA.
3. Amendment of section and Note filed 12-5-2007; operative 1-4-2008 (Regis-
ter 2007, No. 49).
§ 2123. Initiation and Notification of Ordered
Emission-Related Recalls.
(a) A manufacturer shall be notified whenever the Executive Officer
has determined, based on warranty information reports, field information
reports, enforcement testing results, or any other information, that a sub-
stantial number of a class or category of vehicles or engines produced by
that manufacturer, although properly maintained and used, contain a fail-
ure in an emission-related component which, if uncorrected, may result
in the vehicles' or engines' failure to meet applicable standards over their
useful lives; or whenever a class or category of vehicles or engines within
their useful lives, on average, do not conform to the standards prescribed
pursuant to Section 43101 of the Health and Safety Code as applicable
to the model year of such vehicles.
(b) It shall be presumed for purposes of this section that an emission-
related failure will result in the exceedance of emission standards unless
the manufacturer presents evidence in accordance with the procedures
set forth in Title 13, California Code of Regulations, Section 2147 which
demonstrates to the satisfaction of the Executive Officer that the failure
will not result in exceedance of emission standards over the useful life of
the vehicle or engine.
(c) The notification shall include a description of each class or catego-
ry of vehicles or engines encompassed by the determination of noncon-
formity, shall set forth the factual basis for the determination and shall
designate a date at least 45 days from the date of receipt of such notifica-
tion by which the manufacturer shall submit a plan to remedy the noncon-
formity.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018 and 43105, Health
and Safety Code. Reference: Health and Safety Code Sections 43000, 43009.5,
43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health
and Safety Code.
History
1. Renumbering and amendment of text previously incorporated by reference in
Section 2113 to Section 2123 filed 1-24-90; operative 2-23-90 (Register 90,
No. 8). For prior history, see Registers 86, No. 38 and 83, No. 17.
2. Amendment of Note filed 1-26-95; operative 1-26-95 pursuant to Govern-
ment Code section 11343.4(d) (Register 95, No. 4). Note: Under section
209(e)(2) of the Federal Clean Air Act (42 U.S.C. § 7543(e)(2)), California is
required to receive authorization from the Administrator of the U.S. Environ-
mental Protection Agency (U.S. EPA) prior to enforcing its regulations regard-
ing new off-road vehicles and engines. Accordingly, the Air Resources Board
will not seek to enforce the off-highway recreational vehicle regulations until
such time as it receives authorization from the U.S. EPA.
§ 2124. Availability of Public Hearing.
(a) The manufacturer may request a public hearing pursuant to the pro-
cedures set forth in Sections 60040 to 60053, Title 17, California Code
of Regulations to contest the finding of nonconformity and the necessity
for or the scope of any ordered corrective action.
(b) If a manufacturer requests a public hearing pursuant to subsection
(a) above, and if the Executive Officer's determination of nonconformity
is confirmed at the hearing, the manufacturer shall submit the recall plan
required by Section 21 25 within 30 days after receipt of the Board' s deci-
sion.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018 and 43105, Health
and Safety Code. Reference: Health and Safety Code Sections 43000, 43009.5,
43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health
and Safety Code.
Page 240.2
Register 2007, No. 49; 12-7-2007
Title 13
Air Resources Board
§2126
History
1. Renumbering and amendment of text previously incorporated by reference in
Section 21 13 to Section 2124 filed 1-24-90; operative 2-23-90 (Register 90,
No. 8). For prior history, see Registers 86, No. 38 and 83, No. 17.
2. Amendment of Note filed 1-26-95; operative 1-26-95 pursuant to Govern-
ment Code section 11343.4(d) (Register 95, No. 4). Note: Under section
209(e)(2) of the Federal Clean Air Act (42 U.S.C. § 7543(e)(2)), California is
required to receive authorization from the Administrator of the U.S. Environ-
mental Protection Agency (U.S. EPA) prior to enforcing its regulations regard-
ing new off-road vehicles and engines. Accordingly, the Air Resources Board
will not seek to enforce the off-highway recreational vehicle regulations until
such time as it receives authorization from the U.S. EPA.
§ 2125. Ordered Recall Plan.
(a) Unless a public hearing is requested by the manufacturer, a recall
plan shall be submitted to the Chief, Mobile Source Division, 9528 Tel-
star Avenue, El Monte, CA 91731, within the time limit specified in the
notification. The Executive Officer may grant the manufacturer an exten-
sion upon good cause shown.
(b) The recall plan shall contain the following:
(1) A description of each class or category of vehicle or engine to be
recalled, including the engine family or sub-group thereof, the model-
year, the make, the model, and such other information as may be required
to identify the vehicles or engines to be recalled.
(2) A description of the nonconformity and the specific modifications,
alterations, repairs, corrections, adjustments or other changes to be made
to bring the vehicles or engines into conformity including a brief summa-
ry of the data and technical studies which support the manufacturer's de-
cision regarding the specific corrections to be made.
(3) A description of the method by which the manufacturer will deter-
mine the names and addresses of vehicle or engine owners and the meth-
od by which they will be notified.
(4) A description of the procedure to be followed by vehicle or engine
owners to obtain correction of the nonconformity including the date on
or after which the owner can have the nonconformity remedied, the time
reasonably necessary to perform the labor required to correct the noncon-
formity, and the designation of facilities at which the nonconformity can
be remedied. The repair shall be completed within a reasonable time des-
ignated by the Executive Officer from the date the owner delivers the ve-
hicle or engine for repair. This requirement becomes applicable on the
date designated by the manufacturer as the date on or after which the
owner can have the nonconformity remedied.
(5) If some or all of the nonconforming vehicles or engines are to be
remedied by persons other than dealers or authorized warranty agents of
the manufacturer, a description of such class of persons and a statement
indicating that the participating members of the class will be properly
equipped to perform such remedial action.
(6) The capture rate required for each class or category of vehicle or
engine to be recalled. Under recalls based on exceedance of emission
standards, the capture rate shall be calculated using the following formu-
la:
_ (Ef - Es) X 100%
R~ A
where: R = capture rate (see section 21 12(a), above, for definition).
A = average reduction per vehicle resulting from the recall
repair (see subsection (b)(12)(B), below, for determination).
Ef = average noncompliance emission level determined from
in-use enforcement testing and other sources.
Es = emission standard for a particular pollutant.
An 80 percent capture rate shall be required for recalls based exclu-
sively on noncompliance as defined in section 2112(h)(1), above.
(7) The plan may specify the maximum incentives (such as a tune-up
or specified quantity of gasoline), if any, the manufacturer will offer to
induce vehicle or engine owners to present their vehicles for repair, as ev-
idence that the manufacturer has made a good faith effort to repair the
percentage of vehicles or engines specified in the plan. The plan shall in-
clude a schedule for implementing actions to be taken including identi-
fied increments of progress towards implementation and deadlines for
completing each such increment.
(8) A copy of the letter of notification to be sent to vehicle or engine
owners.
(9) A description of the system by which the manufacturer will assure
that an adequate supply of parts will be available to perform the repair
under the recall plan including the date by which an adequate supply of
parts will be available to initiate the repair campaign, and the method to
be used to assure the supply remains both adequate and responsive to
owner demand.
(10) A copy of all necessary instructions to be sent to those persons
who are to perform the repair under the recall plan.
( 1 1 ) A description of the impact of the proposed changes on fuel econ-
omy, dri veability, performance and safety of each class or category of ve-
hicles or engines to be recalled and a brief summary of the data, technical
studies, or engineering evaluations which support these descriptions.
(1 2) A description of the impact of the proposed changes on the aver-
age emissions of the vehicles or engines to be recalled based on noncom-
pliance as defined in section 2112(h)(2), above. The description shall
contain the following:
(A) Average noncompliance emission levels.
(B) Average emission reduction or increase per pollutant resulting
from the recall repair. These averages shall be verified by the manufac-
turer by applying the proposed recall repairs to two or more in-use ve-
hicles or engines representing the average noncompliance emission lev-
els. Only those vehicles or engines with baseline emission levels within
25 percent of the average emission levels of noncomplying pollutant(s)
established under the in-use enforcement test program may be used by
manufacturers to verify proposed recall repairs. The Executive Officer
may allow the use of vehicles or engines exceeding these limits if none
which meet the limits can be reasonably procured. In the case of heavy-
duty engines, the average emission levels may be verified by using labo-
ratory engines, subject to approval by the Executive Officer.
(C) An estimate of the average emission level per pollutant for a class
or category of vehicles or engines after repair as corrected by the required
capture rate. The estimated average emission level shall comply with the
applicable emission standards. If the average emissions levels achieved
by applying the average emission reduction per vehicle or engine after
repair and the estimated capture rate, do not achieve compliance with the
emissions standards, a manufacturer shall propose other measures to
achieve average emissions compliance.
(13) Any other information, reports, or data which the Executive Offi-
cer may reasonably determine to be necessary to evaluate the recall plan.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018 and 43105, Health
and Safety Code. Reference: Health and Safety Code Sections 43000, 43009.5,
43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health
and Safety Code.
History
1. Renumbering and amendment of text previously incorporated by reference in
section 21 13 to section 2125 filed 1-24-90; operative 2-23-90 (Register 90,
No. 8). For prior history, see Registers 86, No. 38 and 83, No. 17.
2. Amendment of subsections (b)(6) and (b)( 1 2) filed 8-30-9 1 ; operative 9-30-9 1
(Register 92, No. 14).
3. Amendment of Note filed 1-26-95; operative 1-26-95 pursuant to Govern-
ment Code section 11343.4(d) (Register 95, No. 4). Note: Under section
209(e)(2) of the Federal Clean Air Act (42 U.S.C. § 7543(e)(2)), California is
required to receive authorization from the Administrator of the U.S. Environ-
mental Protection Agency (U.S. EPA) prior to enforcing its regulations regard-
ing new off-road vehicles and engines. Accordingly, the Air Resources Board
will not seek to enforce the off-highway recreational vehicle regulations until
such time as it receives authorization from the U.S. EPA.
§ 2126. Approval and Implementation of Recall Plan.
(a) If the Executive Officer finds that the recall plan is designed effec-
tively to correct the nonconformity and complies with the provisions of
Section 2125, he or she will so notify the manufacturer in writing. Upon
receipt of the approval notice from the Executive Officer, the manufac-
turer shall commence implementation of the approved plan. Notification
of vehicle or engine owners and the implementation of recall repairs shall
Page 240.2(a)
Register 2007, No. 49; 12-7-2007
§2127
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
commence within 45 days of the receipt of notice unless the manufacturer
can show good cause for the Executive Officer to extend the deadline,
(h) If the Executive Officer does not approve the recall plan or the miti-
gation measures provided in Section 2130 as submitted, the Executive
Officer shall order modification of the plan or mitigation measures with
such changes and additions as he or she determines to be necessary. The
Executive Officer shall notify the manufacturer in writing of the disap-
proval and the reasons for the disapproval.
(c) The manufacturer may contest the Executive Officer's disapproval
by requesting a public hearing pursuant to the procedures set forth in Sec-
tions 60040 to 60053, Title 17, California Code of Regulations. As a re-
sult of the hearing, the Board may affirm, overturn or modify the Execu-
tive Officer's action. In its decision, affirming or modifying, the Board
shall specify the date by which the manufacturer shall commence notify-
ing vehicle or engine owners and implementing the required recall re-
pairs.
(d) If no public hearing is requested in accordance with (c) above, the
manufacturer shall incorporate the changes and additions required by the
Executive Officer and shall commence notifying vehicle or engine own-
ers and implementing the required recall repairs within 60 days of the
manufacturer's receipt of the Executive Officer's disapproval.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018 and 43105, Health
and Safety Code. Reference: Health and Safety Code Sections 43000, 43009.5,
43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health
and Safety Code.
History
1 . Renumbering and amendment of text previously incorporated by reference in
Section 21 13 to Section 2126 filed 1-24-90; operative 2-23-90 (Register 90,
No. 8). For prior history, see Registers 86, No. 38 and 83, No. 17.
2. Amendment of Note filed 1-26-95; operative 1-26-95 pursuant to Govern-
ment Code section 11343.4(d) (Register 95, No. 4). Note: Under section
209(e)(2) of the Federal Clean Air Act (42 U.S.C. § 7543(e)(2)), California is
required to receive authorization from the Administrator of the U.S. Environ-
mental Protection Agency (U.S. EPA) prior to enforcing its regulations regard-
ing new off-road vehicles and engines. Accordingly, the Air Resources Board
will not seek to enforce the off-highway recreational vehicle regulations until
such time as it receives authorization from the U.S. EPA.
§ 2127. Notification of Owners.
(a) Notification to vehicle or engine owners shall be made by first class
mail or by such other means as approved by the Executive Officer pro-
vided, that for good cause, the Executive Officer may require the use of
certified mail to ensure an effective notification.
(b) The manufacturer shall use all reasonable means necessary to lo-
cate vehicle or engine owners provided, that for good cause, the Execu-
tive Officer may require the manufacturer to use motor vehicle registra-
tion lists available from State or commercial sources to obtain the names
and addresses of vehicle or engine owners to ensure effective notifica-
tion.
(c) The Executive Officer may require subsequent notification by the
manufacturer to vehicle or engine owners by first class mail or other rea-
sonable means provided, that for good cause, the Executive Officer may
require the use of certified mail to ensure effective notification.
(d) The notification of vehicle or engine owners shall contain the fol-
lowing:
(1) The statement: "the California Air Resources Board has deter-
mined that your (vehicle or engine) (is or may be) releasing air pollutants
which exceed (California or California and Federal) standards. These
standards were established to protect your health and welfare from the
dangers of air pollution."
(2) A statement that the nonconformity of any such vehicles or engines
will be remedied at the expense of the manufacturer.
(3) A statement that eligibility may not be denied solely on the basis
that the vehicle or engine owner used parts not manufactured by the origi-
nal equipment vehicle manufacturer, or had repairs performed by outlets
other than the vehicle or engine manufacturer's franchised dealers.
(4) A clear description of the components which will be affected by the
recall action and a general statement of the measures to be taken to correct
the nonconformity.
(5) A statement that such nonconformity, if not repaired, may cause
the vehicle or engine to fail an emission inspection or Smog Check test
when such tests are required under State law.
(6) A description of the adverse effects, if any, that an uncorrected
nonconformity would have on the performance, fuel economy, or drive-
ability of the vehicle or engine or to the function of other engine compo-
nents.
(7) A description of the procedure which the vehicle or engine owner
should follow to obtain correction of the nonconformity including the
date on or after which the owner can have the nonconformity remedied,
the time reasonably necessary to correct the nonconformity, and a desig-
nation of the facilities at which the nonconformity can be remedied.
(8) After the effective date of the recall enforcement program referred
to in Section 2117, above, a statement that a certificate showing that the
vehicle has been repaired under the recall program shall be issued by the
service facilities and that such a certificate may be required as a condition
of vehicle registration or operation, as applicable.
(9) A card to be used by a vehicle or engine owner in the event the ve-
hicle or engine to be recalled has been sold. Such card should be ad-
dressed to the manufacturer, have postage paid, and shall provide a space
in which the owner may indicate the name and address of the person to
whom the vehicle or engine was sold.
(10) The statement: uIn order to ensure your full protection under the
emission warranty made applicable to your (vehicle or engine) by State
or Federal law, and your right to participate in future recalls, it is recom-
mended that you have your (vehicle or engine) serviced as soon as possi-
ble. Failure to do so could be determined to be a lack of proper mainte-
nance of your (vehicle or engine)." This statement is not required for
off-road motorcycles or all-terrain vehicles.
(11) A telephone number provided by the manufacturer, which may
be used to report difficulty in obtaining recall repairs.
(e) The manufacturer shall not condition eligibility for repair on the
proper maintenance or use of the vehicle except for strong or compelling
reasons and with approval of the Executive Officer; however, the man-
ufacturer shall not be obligated to repair a component which has been re-
moved or altered so that the recall action cannot be performed without
additional cost.
(f) No notice sent pursuant to Section 2 1 25(b)(8), above, nor any other
communication sent to vehicle or engine owners or dealers shall contain
any statement, express or implied, that the nonconformity does not exist
or will not degrade air quality.
(g) The manufacturer shall be informed of any other requirements per-
taining to the notification under this section which the Executive Officer
has determined are reasonable and necessary to ensure the effectiveness
of the recall campaign.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018 and 43105, Health
and Safety Code. Reference: Health and Safety Code Sections 43000, 43009.5,
43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health
and Safety Code.
History
1 . Renumbering and amendment of text previously incorporated by reference in
Section 2113 to Section 2127 filed 1-24-90; operative 2-23-90 (Register 90,
No. 8). For prior history, see Registers 86, No. 38 and 83, No. 17.
2. Amendment of subsection (d)(10) and Note filed 1-26-95; operative 1-26-95
pursuant to Government Code section 1 1343.4(d) (Register 95, No. 4). Note:
Under section 209(e)(2) of the Federal Clean Air Act (42 U.S.C. § 7543(e)(2)),
California is required to receive authorization from the Administrator of the
U.S. Environmental Protection Agency (U.S. EPA) prior to enforcing its regula-
tions regarding new off-road vehicles and engines. Accordingly, the Air Re-
sources Board will not seek to enforce the off-highway recreational vehicle reg-
ulations until such time as it receives authorization from the U.S. EPA.
§2128. Repair Label.
(a) The manufacturer shall require those who perform the repair under
the recall plan to affix a label to each vehicle or engine repaired or, when
required, inspected under the recall plan.
(b) The label shall be placed in a location as approved by the Executive
Officer and shall be fabricated of a material suitable for such location and
which is not readily removable.
Page 240.2(b)
Register 2007, No. 49; 12-7-2007
Title 13
Air Resources Board
§2133
(c) The label shall contain the recall campaign number and a code des-
ignating the facility at which the repair, inspection for repair, was per-
formed.
NOTE. Authority cited: Sections 39600, 39601. 43013, 43018 and 43105. Health
and Safety Code. Reference: Health and Safety Code Sections 43000, 43009.5,
43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health
and Safety Code.
History
1. Renumbering and amendment of text previously incorporated by reference in
Section 21 13 to Section 2128 filed 1-24-90; operative 2-23-90 (Register 90,
No. 8). For prior history, see Registers 86, No. 38 and 83, No. 17.
2. Amendment of Note filed 1-26-95; operative 1-26-95 pursuant to Govern-
ment Code section 11343.4(d) (Register 95, No. 4). Note: Under section
209(e)(2) of the Federal Clean Air Act (42 U.S.C. § 7543(e)(2)), California is
required to receive authorization from the Administrator of the U.S. Environ-
mental Protection Agency (U.S. EPA) prior to enforcing its regulations regard-
ing new off-road vehicles and engines. Accordingly, the Air Resources Board
will not seek to enforce the off-highway recreational vehicle regulations until
such time as it receives authorization from the U.S. EPA.
§ 2129. Proof of Correction Certificate.
The manufacturer shall require those who perform the recall repair to
provide the owner of each vehicle or engine repaired with a certificate,
through a protocol and in a format prescribed by the Executive Officer,
which indicates that the noncomplying vehicle or engine has been cor-
rected under the recall program. This requirement shall become effective
and applicable upon the effective date of the recall enforcement program
referred to in Section 21 17, above.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018 and 43105, Health
and Safety Code. Reference: Health and Safety Code Sections 43000, 43009.5,
43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health
and Safety Code.
History
1. New section filed 1-24-90; operative 2-23-90 (Register 90, No. 8).
2. Amendment of Note filed 1-26-95; operative 1-26-95 pursuant to Govern-
ment Code section 11343.4(d) (Register 95, No. 4). Note: Under section
209(e)(2) of the Federal Clean Air Act (42 U.S.C. § 7543(e)(2)), California is
required to receive authorization from the Administrator of the U.S. Environ-
mental Protection Agency (U.S. EPA) prior to enforcing its regulations regard-
ing new off-road vehicles and engines. Accordingly, the Air Resources Board
will not seek to enforce the off-highway recreational vehicle regulations until
such time as it receives authorization from the U.S. EPA.
§ 2130. Capture Rates and Alternative Measures.
The manufacturer shall comply with the capture rate specified in the
recall plan as determined pursuant to Section 2125(b)(6), above, within
six consecutive quarters beginning with the quarter in which the notifica-
tion of vehicle or engine owners was initiated. If, after good faith efforts,
the manufacturer cannot correct the percentage of vehicles specified in
the plan by the applicable deadlines and cannot take other measures to
bring the engine family or test group into compliance with the standards,
the manufacturer shall propose mitigation measures to offset the emis-
sions of the unrepaired vehicles within 45 days from the last report filed
pursuant to Section 2133(c), below. The Executive Officer shall approve
such measures provided that:
(a) the emission reductions from the recalled and repaired vehicles or
engines and the mitigation measures are equivalent to achieving the cap-
ture rate; and
(b) the emission reductions from the mitigation measures are real and
verifiable; and
(c) the mitigation measures are implemented in a timely manner.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018 and 43105, Health
and Safety Code. Reference: Health and Safety Code Sections 43000, 43009.5,
43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health
and Safety Code.
History
1. New section filed 1-24-90; operative 2-23-90 (Register 90, No. 8).
2. Amendment of Note filed 1-26-95; operative 1-26-95 pursuant to Govern-
ment Code section 11343.4(d) (Register 95, No. 4). Note: Under section
209(e)(2) of the Federal Clean Air Act (42 U.S.C. § 7543(e)(2)), California is
required to receive authorization from the Administrator of the U.S. Environ-
mental Protection Agency (U.S. EPA) prior to enforcing its regulations regard-
ing new off-road vehicles and engines. Accordingly, the Air Resources Board
will not seek to enforce the off-highway recreational vehicle regulations until
such time as it receives authorization from the U.S. EPA.
3. Amendment of first paragraph filed 10-28-99; operative 1 1-27-99 (Register
99, No. 44).
§2131. Preliminary Tests.
The Executive Officer may require the manufacturer to conduct tests
on components and vehicles or engines incorporating a proposed correc-
tion, repair, or modification reasonably designed and necessary to dem-
onstrate the effectiveness of the correction, repair, or modification.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018 and 43105, Health
and Safety Code. Reference: Health and Safety Code Sections 43000, 43009.5,
43013, 43018, 43101. 43104, 43105, 43106, 43107 and 43204-43205.5, Health
and Safety Code.
History
1. Renumbering and amendment of text previously incorporated by reference in
Section 21 13 to Section 2131 filed 1-24-90; operative 2-23-90 (Register 90,
No. 8). For prior history, see Registers 86, No. 38 and 83, No. 17.
2. Amendment of Note filed 1-26-95; operative 1-26-95 pursuant to Govern-
ment Code section 11343.4(d) (Register 95, No. 4). Note: Under section
209(e)(2) of the Federal Clean Air Act (42 U.S.C. § 7543(e)(2)), California is
required to receive authorization from the Administrator of the U.S. Environ-
mental Protection Agency (U.S. EPA) prior to enforcing its regulations regard-
ing new off-road vehicles and engines. Accordingly, the Air Resources Board
will not seek to enforce the off-highway recreational vehicle regulations until
such time as it receives authorization from the U.S. EPA.
§ 2132. Communication with Repair Personnel.
The manufacturer shall provide to the Executive Officer a copy of all
communications which relate to the recall plan directed to dealers and
other persons who are to perform the repair. Such copies shall be mailed
to the Executive Officer contemporaneously with their transmission to
dealers and other persons who are to perform the repair under the recall
plan.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018 and 43105, Health
and Safety Code. Reference: Health and Safety Code Sections 43000, 43009.5,
43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health
and Safety Code.
History
1. Renumbering and amendment of text previously incorporated by reference in
Section 2113 to Section 2132 filed 1-24-90; operative 2-23-90 (Register 90,
No. 8). For prior history, see Registers 86, No. 38 and 83, No. 17.
2. Amendment of Note filed 1-26-95; operative 1-26-95 pursuant to Govern-
ment Code section 11343.4(d) (Register 95, No. 4). Note: Under section
209(e)(2) of the Federal Clean Air Act (42 U.S.C. § 7543(e)(2)), California is
required to receive authorization from the Administrator of the U.S. Environ-
mental Protection Agency (U.S. EPA) prior to enforcing its regulations regard-
ing new off-road vehicles and engines. Accordingly, the Air Resources Board
will not seek to enforce the off-highway recreational vehicle regulations until
such time as it receives authorization from the U.S. EPA.
§ 2133. Recordkeeping and Reporting Requirements.
(a) The manufacturer shall maintain sufficient records to enable the
Executive Officer to conduct an analysis of the adequacy of the recall
campaign. The records shall include, for each class or category of vehicle
or engine, but need not be limited to, the following:
(1) Engine family involved and recall campaign number as designated
by the manufacturer.
(2) Date owner notification was begun, and date completed.
(3) Number of vehicles or engines involved in the recall campaign.
(4) Number of vehicles or engines known or estimated to be affected
by the nonconformity.
(5) Number of vehicles or engines inspected pursuant to the recall plan
and found to be affected by the nonconformity.
(6) Number of inspected vehicles or engines.
(7) Number of vehicles or engines receiving repair under the recall
plan.
(8) Number of vehicles or engines determined to be unavailable for in-
spection or repair under the recall plan due to exportation, theft, scrap-
ping, or for other reasons (specify).
(9) Number of vehicles or engines determined to be ineligible for re-
call action due to removed or altered components.
(10) A listing of the identification numbers of vehicles or engines sub-
ject to recall but for whose repair the manufacturer has not been invoiced.
This listing shall be supplied in a standardized computer data storage de-
vice to be specified by the Executive Officer. The frequency of this sub-
Page 240.2(c)
Register 2007, No. 49; 12-7-2007
§2134
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
mittal, as specified in subsection (c) below, may be changed by the Ex-
ecutive Officer depending on the needs of recall enforcement.
(11) Any service bulletins transmitted to dealers which relate to the
nonconformity and which have not previously been submitted.
(12) All communications transmitted to vehicle or engine owners
which relate to the nonconformity and which have not previously been
submitted.
(b) If the manufacturer determines that the original responses to sub-
sections (a)(3) and (4) of these procedures are incorrect, revised figures
and an explanatory note shall be submitted. Responses to subsections
(a)(5), (6), (7), (8), and (9) shall be cumulative totals.
(c) Unless otherwise directed by the Executive Officer, the informa-
tion specified in subsection (a) of these procedures shall be included in
six quarterly reports, beginning with the quarter in which the notification
of owners was initiated, or until all nonconforming vehicles or engines
involved in the campaign have been remedied, whichever occurs sooner.
Such reports shall be submitted no later than 25 days after the close of
each calendar quarter.
(d) The manufacturer shall maintain in a form suitable for inspection,
such as computer information storage devices or card files, and shall
make available to the Executive Officer or his or her authorized represen-
tative upon request, lists of the names and addresses of vehicle or engine
owners:
(1) To whom notification was given;
(2) Who received remedial repair or inspection under the recall plan;
and
(3) Who were denied eligibility for repair due to removed or altered
components.
(e) The records and reports required by these procedures shall be re-
tained for not less than one year beyond the useful life of the vehicles or
engines involved, or one year beyond the reporting time frame specified
in subsection (c) above, whichever is later.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018 and 43105, Health
and Safety Code. Reference: Health and Safety Code Sections 43000, 43009.5,
43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health
and Safety Code.
History
1. Renumbering and amendment of text previously incorporated by reference in
Section 21 13 to Section 2133 filed 1-24-90; operative 2-23-90 (Register 90,
No. 8). For prior history, see Registers 86, No. 38 and 83, No. 17.
2. Amendment of Note filed 1-26-95; operative J -26-95 pursuant to Govern-
ment Code section 11343.4(d) (Register 95, No. 4). Note: Under section
209(e)(2) of the Federal Clean Air Act (42 U.S.C. § 7543(e)(2)). California is
required to receive authorization from the Administrator of the U.S. Environ-
mental Protection Agency (U.S. EPA) prior to enforcing its regulations regard-
ing new off-road vehicles and engines. Accordingly, the Air Resources Board
will not seek to enforce the off-highway recreational vehicle regulations until
such time as it receives authorization from the U.S. EPA.
§2134. Penalties.
Failure by a manufacturer to carry out all recall actions ordered by the
Executive Officer pursuant to Sections 2123 through 2133 of these pro-
cedures shall constitute a violation of Health and Safety Code Section
43105.
NOTE: Authority cited: Sections 39600, 39601 , 43013, 4301 8 and 43105, Health
and Safety Code. Reference: Health and Safety Code Sections 43000, 43009.5,
43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health
and Safety Code.
History
1. Renumbering and amendment of text previously incorporated by reference in
Section 21 13 to Section 2134 filed 1-24-90; operative 2-23-90 (Register 90,
No. 8). For prior history, see Registers 86, No. 38 and 83, No. 17.
2. Amendment of Note filed 1-26-95; operative 1-26-95 pursuant to Govern-
ment Code section 11343.4(d) (Register 95, No. 4). Note: Under section
209(e)(2) of the Federal Clean Air Act (42 U.S.C. § 7543(e)(2)), California is
required to receive authorization from the Administrator of the U.S. Environ-
mental Protection Agency (U.S. EPA) prior to enforcing its regulations regard-
ing new off-road vehicles and engines. Accordingly, the Air Resources Board
will not seek to enforce the off-highway recreational vehicle regulations until
such time as it receives authorization from the U.S. EPA.
§ 2135. Extension of Time.
The Executive Officer may extend any deadline in the plan if he or she
finds in writing that a manufacturer has shown good cause for such exten-
sion.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018 and 43105, Health
and Safety Code. Reference: Health and Safety Code Sections 43000, 43009.5,
43013, 43018, 43101, 43104. 43105, 43106, 43107 and 43204-43205.5, Health
and Safety Code.
History
1. Renumbering and amendment of text previously incorporated by reference in
Section 21 13 to Section 2135 filed 1-24-90; operative 2-23-90 (Register 90,
No. 8). For prior history, see Registers 86, No. 38 and 83, No. 17.
2. Amendment of Note filed 1-26-95; operative 1-26-95 pursuant to Govern-
ment Code section 11343.4(d) (Register 95. No. 4). Note: Under section
209(e)(2) of the Federal Clean Air Act (42 U.S.C. § 7543(e)(2)), California is
required to receive authorization from the Administrator of the U.S. Environ-
mental Protection Agency (U.S. EPA) prior to enforcing its regulations regard-
ing new off-road vehicles and engines. Accordingly, the Air Resources Board
will not seek to enforce the off-highway recreational vehicle regulations until
such time as it receives authorization from the U.S. EPA.
Article 2.3. In-Use Vehicle Enforcement
Test Procedures
§ 2136. General Provisions.
The provisions regarding applicability of the enforcement test proce-
dures and the definitions shall be the same as those set forth in Title 13,
California Code of Regulations, Sections 2111 and 2112 and beginning
with the 2010 model year, Sections 2 166 and 2166. 1 . If the Executive Of-
ficer determines that an emissions or test procedure violation exists under
Health and Safety Code 43105, he/she may order a recall or corrective
action to correct the affected vehicles or engines.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018, 43105 and 43106,
Health and Safety Code. Reference: Health and Safety Code Sections 43000,
43009. 5, 43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5,
Health and Safety Code.
History
1. Renumbering and amendment of text previously incorporated by reference in
Section 2112 to Section 2136 filed 1-24-90; operative 2-23-90 (Register 90,
No. 8). For prior history, see Registers 86, No. 38 and 83, No. 17.
2. Amendment of Note filed 1-26-95; operative 1-26-95 pursuant to Govern-
ment Code section 11343.4(d) (Register 95, No. 4). Note: Under section
209(e)(2) of the Federal Clean Air Act (42 U.S.C. § 7543(e)(2)), California is
required to receive authorization from the Administrator of the U.S. Environ-
mental Protection Agency (U.S. EPA) prior to enforcing its regulations regard-
ing new off-road vehicles and engines. Accordingly, the Air Resources Board
will not seek to enforce the off-highway recreational vehicle regulations until
such time as it receives authorization from the U.S. EPA.
3. Amendment of section and Note filed 12-5-2007; operative 1-4-2008 (Regis-
ter 2007, No. 49).
§ 2137. Vehicle and Engine Selection.
(a) Any vehicle of an engine family, test group, any vehicle of a sub-
group of an engine family or test group, or any engine used in a piece of
equipment, manufactured for sale in California, shall be subject to these
test procedures during its useful life. A minimum of ten (10) in-use ve-
hicles or engines determined by the ARB to be properly maintained and
used will be procured and tested by the ARB or its designated laboratory
to represent the emission characteristics of the engine family, test group
or subgroup. The ARB may test less than ten (10) in-use vehicles or en-
gines if the manufacturer notifies the ARB in writing that the manufactur-
er will accept the results from less than ten (10) vehicles or engines as be-
ing representative of the engine family, test group or subgroup.
(b) No vehicle or engine shall be accepted by the ARB as a representa-
tive vehicle or engine for enforcement testing unless the following crite-
ria are met:
(1) California certified and registered.
(2) Odometer indication of less than certified useful-life mileage and
vehicle age within useful-life time period.
(3) No indication of abuse (e.g., racing, overloading, misfueling, or
other misuse), neglect, improper maintenance or other factors that would
have a permanent effect on emission performance.
Page 240.2(d)
Register 2007, No. 49; 12-7-2007
Title 13
Air Resources Board
§2139
(4) No major repair to engine or major repair of vehicle resulting from
collision.
(5) No indication of any problem that might jeopardize the safety of
laboratory personnel.
(6) For off-road compression-ignition engines subject to recall test-
ing, engines shall have an hour meter indication and engine age not ex-
ceeding the following periods:
(A) For all engines rated under 19 kilowatts, and for constant-speed
engines rated under 37 kilowatts with rated speeds greater than or equal
to 3,000 revolutions per minute, four years or 2.250 hours of operation,
whichever first occurs.
(B) For all other engines rated above 19 kilowatts and under 37 kilo-
watts, five years or 3,750 hours of operation, whichever first occurs.
(C) For all engines rated at or above 37 kilowatts, seven years or 6,000
hours of operation, whichever first occurs.
NOTE: Authority cited: Sections 39600, 39601 , 43013, 4301 8 and 43105, Health
and Safety Code. Reference: Health and Safety Code Sections 43000, 43009.5,
43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health
and Safety Code.
History
1 . Renumbering and amendment of text previously incorporated by reference in
Section 2112 to Section 2137 filed 1-24-90; operative 2-23-90 (Register 90,
No. 8). For prior history, see Registers 86, No. 38 and 83, No. 17.
2. Amendment of NOTE filed 1-26-95; operative 1-26-95 pursuant to Govern-
ment Code section 11343.4(d) (Register 95, No. 4). Note: Under section
209(e)(2) of the Federal Clean Air Act (42 U.S.C. § 7543(e)(2)), California is
required to receive authorization from the Administrator of the U.S. Environ-
mental Protection Agency (U.S. EPA) prior to enforcing its regulations regard-
ing new off-road vehicles and engines. Accordingly, the Air Resources Board
will not seek to enforce the off-highway recreational vehicle regulations until
such time as it receives authorization from the U.S. EPA.
3. Amendment of subsection (a), repealer of subsection (b)(5) and subsection re-
numbering filed 10-28-99; operative 1 1-27-99 (Register 99, No. 44).
4. Amendment of section heading and subsections (a) and (b) and new subsections
(b)(6)-(b)(6)(C) filed 1 2-28-2000; operative 1 2-28-2000 pursuant to Govern-
ment Code section 1 1343.4(d) (Register 2000, No. 52).
§2138. Restorative Maintenance.
(a) Upon accepting a vehicle for testing, the ARB or its designated lab-
oratory will replace the fuel with Indolene Clear or appropriate certifica-
tion test fuel.
(b) The ARB or its designated laboratory shall perform the following
diagnosis or restorative maintenance prior to enforcement testing:
(1) Identify part numbers of all essential emission control system com-
ponents.
(2) Check air filter, all drive belts, all fluid levels, radiator cap, all vac-
uum hoses and electrical wiring related to emission control for integrity;
check fuel metering and emission control system components for malad-
justments and/or tampering. Record all discrepancies.
(3) Check ignition system with oscilloscope and replace any defective
components; i.e., spark plugs, wires, etc.
(4) Check compression.
(5) Check and adjust engine parameters to manufacturer's specifica-
tions.
(6) Check the OBD system for proper operation.
(7) If the vehicle is within 500 miles of a scheduled maintenance ser-
vice, that maintenance shall be performed except in the case of off-road
motorcycles and all-terrain vehicles. For off-road motorcycles and all-
terrain vehicles, all required maintenance shall be performed.
(c) For any enforcement testing conducted by the manufacturer pur-
suant to title 13, section 2139 (c)(1), California Code of Regulations, the
"ARB or its designated laboratory", as stated in subsections (a) and (b),
shall refer to the manufacturer or its designated laboratory.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018 and 43105, Health
and Safety Code. Reference: Health and Safety Code Sections 43000, 43009.5,
43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health
and Safety Code.
History
1. Renumbering and amendment of text previously incorporated by reference in
section 2112 to section 2138 filed 1-24-90; operative 2-23-90 (Register 90,
No. 8). For prior history, see Registers 86, No. 38 and 83, No. 17.
2. New subsection (c) filed 8-2-91; operative 9-2-91 (Register 91, No. 49).
3. Amendment of subsection (b)(6) and Note filed 1-26-95; operative 1-26-95
pursuant to Government Code section 1 1343.4(d) (Register 95, No. 4). Note:
Under section 209(e)(2) of the Federal Clean Air Act (42 U.S.C. § 7543(e)(2)),
California is required to receive authorization from the Administrator of the
U.S. Environmental Protection Agency (U.S. EPA) prior to enforcing its regula-
tions regarding new off-road vehicles and engines. Accordingly, the Air Re-
sources Board will not seek to enforce the off-highway recreational vehicle reg-
ulations until such time as it receives authorization from the U.S. EPA.
4. Amendment of section heading and subsection (a), new subsection (b)(6) and
subsection renumbering filed 10-28-99; operative 1 1-27-99 (Register 99, No.
44).
§2139. Testing.
After the vehicles have been accepted and restorative maintenance, if
any, has been performed, the ARB or its designated laboratory shall per-
form the applicable emission tests pursuant to the following:
(a) For passenger cars and light-duty trucks, in-use compliance emis-
sion tests shall be performed pursuant to section 1960.1 or 1961 , Title 1 3,
California Code of Regulations, as applicable.
(b) For medium-duty vehicles certified according to the chassis stan-
dards and test procedures specified in section 1960.1 or 1961, Title 13,
California Code of Regulations and the documents incorporated by refer-
ence therein, in-use compliance emission tests shall be performed pur-
suant to section 1960.1 or 1961, Title 13, California Code of Regulations,
as applicable.
(c) For medium-duty engines and vehicles certified according to the
optional engine test procedures specified in section 1956.8, Title 13, Cal-
ifornia Code of Regulations and the documents incorporated by refer-
ence therein, in-use compliance emission tests shall be performed pur-
suant to one of the following procedures:
(1) The engines of medium-duty vehicles may be tested pursuant to
the engine test procedures specified in section 1956.8, provided that the
manufacturer or its designated laboratory conduct procurement and en-
forcement testing pursuant to Sections 2136 through 2140, Title 13, Cali-
fornia Code of Regulation, at the manufacturer's expense.
For manufacturers that have only one engine family or test group, the
manufacturer or its designated laboratory that have more than one engine
family or test group, the manufacturer or its designated laboratory shall
procure no more than fifteen vehicles per engine family or test group. For
manufacturers that have more than one engine family or test group, the
manufacturer or its designated laboratory shall procure and test at the
manufacturer's expense no more than one-third of its engine families or
test groups and no more than fifteen vehicles from each engine family or
test group. For the purposes of this section, "one-third" of a manufactur-
er's engine families or test groups shall be determined by dividing the
number of distinct engine families or test groups by three, adding 0.5, and
truncating the result to the nearest whole number.
The specific engine families or test groups subject to enforcement test-
ing shall be selected by the ARB. The manufacturer or its designated lab-
oratory shall begin the engine procurement process within 10 working
days of notification by the ARB and shall complete testing within 100
working days of notification by the ARB. The Executive Officer shall ap-
prove the manufacturer's procurement procedures in advance of theiruse
by the manufacturer. The Executive Officer shall approve a manufactur-
er's procurement procedures if engines are screened according to the cri-
teria specified in section 2137, Title 13, California Code of Regulations
and selected randomly from registration records compiled and prepared
by R. L. Polk and Company or a comparable source. In addition, no ve-
hicle shall be selected for enforcement testing with mileage less than 60
percent of the useful-life mileage without prior approval from the Execu-
tive Officer. The manufacturer shall permit an ARB representative to
witness procurement, restorative maintenance, and enforcement testing.
The Executive Officer shall have the authority to accept or reject a test
engine based upon criteria specified in section 2137. Once an engine has
been tested and determined to be in compliance with the current in-use
emission standards, no further testing will be performed on subsequent
engine families or test groups that carry-over the durability data of the
tested engine family or test group.
Page 240.2(e)
Register 2007, No. 49; 12-7-2007
§2140
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
Notwithstanding the above, if a manufacturer fails to demonstrate
compliance with the emission standards after one-third of its engine fam-
ilies or test groups have been tested, additional engine families or test
groups shall be tested, by the manufacturer or its designated laboratory,
at the manufacturer's expense, until compliance is demonstrated on one-
third of the engine families or test groups or all of a manufacturer's en-
gine families or test groups have been tested. In addition, any engine fam-
ily or test group which has been tested and determined to be in
noncompliance shall be retested by the manufacturer each subsequent
year until compliance with the applicable emission standards has been
demonstrated. Notwithstanding the above, the ARB may conduct engine
enforcement testing pursuant to the engine test procedures specified in
section 1956.8, at their own expense.
(2) Medium-duty vehicles may be tested according to the chassis test
procedures specified in section 1960. l(k) or 1961, as applicable, if a
manufacturer develops correlation factors which establish the relation-
ship between engine and chassis testing for each engine family or test
group and submits these correlation factors within one year after the be-
ginning of production. The correlation factors shall be applied to the
measured in-use engine exhaust emission data to determine the in-use
engine exhaust emission levels. AH correlation factors and supporting
data included in a manufacturer's application must be submitted to and
approved by the Executive Officer in advance of their use by a manufac-
turer. Correlation factors intended to apply to a specific engine family or
test group shall be applicable for each vehicle model incorporating that
specific engine. Manufacturers shall submit test data demonstrating the
applicability of the correlation factors for vehicle models comprising a
minimum of 80 percent of their engine sales for that specific engine fami-
ly or test group. The correlation factors for the remaining fleet may be
determined through an engineering evaluation based upon a comparison
with similar vehicle models. The Executive Officer shall approve a sub-
mitted correlation factor if it accurately corresponds to other established
empirical and theoretical correlation factors and to emission test data
available to the Executive Officer.
A manufacturer may choose to use the results from the chassis in-use
testing as a screening test. If an engine family or test group does not dem-
onstrate compliance with any of the applicable in-use engine standards,
as determined from the chassis test data and the applied correlation fac-
tors, the manufacturer shall be subject to the requirements and cost of in-
use compliance engine testing, as specified in section 2139(c)(1). The
manufacturer shall be subject to engine testing for any non-complying
engine family or test group for each subsequent year until compliance
with the engine emission standards is demonstrated.
Subsequent to approval of the correlation factors, the Executive Offi-
cer may make a determination that the original correlation factors are not
valid. Such a determination may be based upon in-use emission data, in-
cluding chassis and engine testing. Upon determination that the correla-
tion factors for a specific engine family or test group are not valid, the
manufacturer of the engine family or test group shall be subject to the en-
forcement testing requirements and costs of in-use compliance engine
testing, as specified in section 2139(c)(1).
(3) The manufacturer shall choose one of the procedures specified in
subsections (c)(1) through (c)(2). The Executive Officer shall permit the
use of alternative test procedures if the Executive Officer determines the
alternative test procedure adequately predicts the exhaust emissions
from the engine test procedure specified in section 1956.8, Title 13, Cali-
fornia Code of Regulations. Such a determination may be based upon
correlation with test data from the engine test procedures.
(4) The time limits specified in subsections (c)(1) and (c)(2) may be
extended by the Executive Officer if the manufacturer demonstrates that
the time limits specified could not be achieved due to reasons beyond the
reasonable control of the manufacturer.
(d) For heavy-duty engines and vehicles, in-use compliance emission
tests shall be performed pursuant to section 1956.8, Title 13, California
Code of Regulations.
(e) For motorcycles, in-use compliance emission tests shall be per-
formed pursuant to section 1958, Title 13, California Code of Regula-
tions.
(f) For off-road motorcycles and all-terrain vehicles, in-use com-
pliance tests shall be performed pursuant to section 241 2, Title 13, Cali-
fornia Code of Regulations. The in-use compliance testing shall use the
same test procedure utilized for the specific vehicle's original certifica-
tion testing.
(g) For off-road compression-ignition engines, in-use compliance
tests shall be performed pursuant to Section 2423, Title 13, California
Code of Regulations. The in-use compliance testing shall use the same
test procedure utilized for the specific engine's original certification test-
ing.
(h) For spark-ignition inboard and sterndrive marine engines, in-use
compliance tests shall be performed pursuant to section 2442, Title 1 3,
California Code of Regulations. The in-use compliance testing shall use
the same test procedure utilized for the specific engine's original certifi-
cation testing.
(i) For any emission in-use compliance test performed pursuant to
subsections (a) through (h), the ARB may waive a specific test for subse-
quent vehicle samples if results from vehicle samples already tested are
deemed sufficient to establish complying emission levels. The ARB shall
inform the manufacturer at least 30 days prior to enforcement testing of
its vehicles or engines and shall permit a manufacturer representative to
observe the enforcement testing.
NOTE: Authority cited: Sections 39600, 39601, 43013. 4301 8, 43101. 43104 and
43105, Health and Safety Code. Reference: Sections 39002, 39003, 43000,
43009.5, 43013, 43018, 43100, 43101, 43101.5, 43102, 43103, 43104, 43105,
43106, 43107, 43204-43205.5 and 4321 1-43213, Health and Safety Code.
History
1. Renumbering and amendment of text previously incorporated by reference in
section 2112 to section 2139 filed 1-24-90; operative 2-23-90 (Register 90,
No. 8). For prior history, see Registers 86, No. 38 and 83, No. 17.
2. New subsections (a), (b), (c), (d), (e) and (f) filed 8- 2-91; operative 9-2-91
(Register 91, No. 49).
3. Amendment of subsection (c)(2) filed 8-30-91; operative 9-30-91 (Reeister
92, No. 14).
4. New subsection (f), subsection relettering, and amendment of newly designated
subsection (g) and Note filed 1-26-95; operative 1-26-95 pursuant to Govern-
ment Code section 11343.4(d) (Register 95, No. 4). Note: Under section
209(e)(2) of the Federal Clean Air Act (42 U.S.C. § 7543(e)(2)), California is
required to receive authorization from the Administrator of the U.S. Environ-
mental Protection Agency (U.S. EPA) prior to enforcing its regulations regard-
ing new off-road vehicles and engines. Accordingly, the Air Resources Board
will not seek to enforce the off-highway recreational vehicle regulations until
such time as it receives authorization from the U.S. EPA.
5. Amendment of subsections (a), (b), (c)(1) and (c)(2) filed 10-28-99; operative
11 -27-99 (Register 99, No. 44).
6. New subsection (g), subsection relettering and amendment of newly designated
subsection (h) filed 12-28-2000; operative 12-28-2000 pursuant to Govern-
ment Code section 1 1343.4(d) (Register 2000, No. 52).
7. New subsection (h), subsection relettering and amendment of newly designated
subsection (i) filed 7-22-2002; operative 8-21-2002 (Register 2002, No. 30).
§ 2140. Notification and Use of Test Results.
(a) The Executive Officer shall notify the manufacturer in writing if
the in-use vehicle enforcement test results indicate that the test fleet con-
tains three or more failures of the same emission-related component.
Upon receipt of the notification, the manufacturer shall submit an emis-
sions information report in accordance with Title 13, California Code of
Regulations, Sections 2146 and 2147. The engine family, test group or
sub-group manufacturer shall be subject to recall when a specific emis-
sion-related failure occurred in three or more test vehicles, unless the Ex-
ecutive Officer determines from the emissions information report that a
recall is unnecessary.
(b) If the results of the in-use vehicle emission tests conducted pur-
suant to Section 2139 indicate that the average emissions of the test ve-
hicles for any pollutant exceed the applicable emission standards speci-
fied in Title 13, California Code of Regulations, Sections 1960.1, 1961,
1956.8, 1958, 2412, 2423 or 2442, the entire vehicle population so repre-
sented shall be deemed to exceed such standards. The Executive Officer
Page 240.2(f)
Register 2007, No. 49; 12-7-2007
Title 13
Air Resources Board
§2144
shall notify the manufacturer of the test results and upon receipt of the
notification, the manufacturer shall have 45 days to submit an influenced
recall plan in accordance with Sections 2113 through 21 21 , Title 1 3, Cal-
ifornia Code of Regulations. If no such recall plan is submitted, the Ex-
ecutive Officer may order corrective action including recall of the af-
fected vehicles in accordance with Sections 2122 through 2135, Title 13,
California Code of Regulations.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018 and 43105. Health
and Safety Code. Reference: Sections 43000, 43009.5, 43013, 43018. 43101,
43 104, 43105, 43106,43107, 43204-43205.5 and 4321 1-43213, Health and Safe-
ty Code.
HtSTORY
1. Renumbering and amendment of text previously incorporated by reference in
Section 21 12 to Section 2140 filed 1-24-90; operative 2-23-90 (Register 90,
No. 8). For prior history, see Registers 86, No. 38 and 83, No. 17.
2. Amendment of subsection (b) and Note filed 1-26-95; operative 1-26-95 pur-
suant to Government Code section 11 343.4(d) (Register 95, No. 4). Note: Under
section 209(e)(2) of the Federal Clean Air Act (42 U.S.C. § 7543(e)(2)), Cali-
fornia is required to receive authorization from the Administrator of the U.S.
Environmental Protection Agency (U.S. EPA) prior to enforcing its regulations
regarding new off-road vehicles and engines. Accordingly, the Air Resources
Board will not seek to enforce the off-highway recreational vehicle regulations
until such time as it receives authorization from the U.S. EPA.
3. Amendment filed 10-28-99; operative 11-27-99 (Register 99, No. 44).
4. Amendment of subsection (b) filed 12-28-2000; operative 12-28-2000 pur-
suant to Government Code section 11343.4(d) (Register 2000, No. 52).
5. Amendment of subsection (b) filed 7-22-2002; operative 8-21-2002 (Reeister
2002, No. 30).
Article 2.4. Procedures for Reporting
Failures of Emission-Related Components
§2141. General Provisions.
(a) The provisions regarding applicability of the failure reporting pro-
cedures and the definitions shall be the same as those set forth in Title 13,
California Code of Regulations, Sections 21 1 1 and 21 12, except that this
Section 2141 does not apply to off-road compression-ignition engines,
as defined in Section 2421. The provisions of this Article shall apply to
the vehicles and engines specified in section 2111 manufactured up to
and including the 2009 model year, plus their useful lives. This Article
shall not apply to vehicles and engines manufactured for the 2010 model
year and thereafter.
(b) The requirement to file emission warranty information reports and
field information reports for a given class or category of vehicles or en-
gines shall be applicable for the warranty period but not to exceed the
useful-life period of the vehicles or engines beginning with the 1990 mo-
del-year vehicles or engines.
(c) The requirement to file an emissions information report for a given
class or category of vehicles or engines shall be applicable for the useful-
life period of the vehicles or engines.
(d) In the case of motor vehicles or engines for which certification of
the exhaust and evaporative emission control systems is granted to differ-
ent manufacturers, the information reporting responsibility in subsec-
tions (b) and (c) above shall be assigned to the certifying manufacturer.
NOTE: Authority cited: Sections 39600, 39601, 43105 and 43106, Health and
Safety Code. Reference: Sections 43000, 43009.5, 43018, 43101, 43104, 43105,
43106, 43107 and 43204-43205.5, Health and Safety Code.
History
1. New section filed 1-24-90; operative 2-23-90 (Register 90, No. 8).
2. Amendment of subsection (a) filed 12-28-2000; operative 12-28-2000 pur-
suant to Government Code section 1 1343.4(d) (Register 2000, No. 52).
3. Amendment of section and Note filed 12-5-2007; operative 1-4-2008 (Regis-
ter 2007, No. 49).
§2142. Alternative Procedures.
(a) A vehicle manufacturer may use an alternative procedure to those
specified in Sections 2144(a) and 2145(a), provided the Executive Offi-
cer has determined that the alternative procedure will produce substan-
tially equivalent results. In making such a determination, the Executive
Officer shall consider the capacity of the alternative procedure to:
(1) ensure early detection of failing components within the useful life
of the vehicles or engines;
(2) track failing components by engine family;
(3) assure prompt notification of the Executive Officer when a system-
atically failing component is indicated;
(4) provide objective, complete and easily monitored data; and
(5) be audited by the Executive Officer.
(b) If, in order to comply with the requirements of Section 2142(a),
2144(a) or 2145(a), a manufacturer elects to develop a system based upon
a sampling of representative California dealerships, such plan must be re-
viewed and approved by the Executive Officer prior to its implementa-
tion.
NOTE: Authority cited: Sections 39600, 39601 and 43105, Health and Safety
Code. Reference: Sections 43000, 43009.5. 43018, 43101, 43104, 43105. 43106,
43107 and 43204-43205.5, Health and Safety Code.
History
1. New section filed 1-24-90; operative 2-23-90 (Register 90, No. 8).
§ 2143. Failure Levels Triggering Recall.
An engine family, test group or a subgroup shall be subject to a recall
when the number of failures of a specific emission-related component
exceeds the failure level set forth below, unless the Executive Officer de-
termines from the emission information report that a recall is unneces-
sary pursuant to the criteria set forth in Section 2148(a) and (b). Vehicles
or engines in an engine family or test group are subject to recall at the fol-
lowing failure levels: 4 percent or 50 (whichever is greater) for 1990
through 1 99 1 model year vehicles or engines; 3 percent or 50 (whichever
is greater) for 1992 through 1993 model-year vehicles or engines; and
2 percent or 50 (whichever is greater) for 1994 and subsequent model-
year vehicles or engines. The Executive Officer may extend the applica-
bility of the 4 or 3 percent failure levels if he/she determines that proceed-
ing to the next lower level will create an excessive administrative burden
on the ARB or the vehicle manufacturers without a corresponding benefit
in the reduction of emissions.
NOTE: Authority cited: Sections 39600, 39601 and 43105, Health and Safety
Code. Reference: Sections 43000, 43009.5, 43018, 43101, 43104, 43105, 43106,
43107 and 43204-43205.5, Health and Safety Code.
History
1 . New section filed 1-24-90; operative 2-23-90 (Register 90, No. 8).
2. Amendment filed 10-28-99; operative 1 1-27-99 (Register 99, No. 44).
§ 2144. Emission Warranty Information Report.
(a) A manufacturer shall:
( 1 ) Review warranty claim records for each engine family or test group
on a quarterly basis to determine and compile by cumulative total the
number of claims made for emission-related components. The data com-
piled shall be based on all warranty claims, without any prescreening of
data as to the validity of the claims. In the case of heavy-duty vehicles
or engines, a manufacturer may use nationwide data for monitoring war-
ranty claims of a California-certified engine family or test group which
is also certified by the United States Environmental Protection Agency.
(2) Categorize warranty claims for each engine family or test group by
the specific emission control component replaced or repaired.
(3) On the basis of data obtained subsequent to the effective date of
these regulations, file an emission warranty information report for each
quarter when the cumulative number of unscreened warranty claims for
a specific emission-related component or repair represent at least one
percent or twenty five (whichever is greater) of the vehicles or engines
of a California-certified engine family or test group.
(b) The emission warranty information report shall contain the follow-
ing information in substantially the format outlined below:
(1) The manufacturer's corporate name.
(2) A description of each class or category of California-certified ve-
hicles or engines affected by a warranty replacement or warranty repair
of a specific emission-related component, including model year and en-
gine family or test group.
Page 240.2(g)
Register 2007, No. 49; 12-7-2007
§2145
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(3) The number and percentage of vehicles or engines in each engine
family or test group for which a warranty replacement or warranty repair
of a specific emission-related component was identified.
(4) A short description of the specific emission-related component
that was replaced or repaired under warranty.
(c) Emission warranty information reports shall be submitted not more
than 25 days after the close of a calendar quarter. Subsequent to the filing
of an emission warranty information report, a manufacturer shall submit
quarterly reports updating the number and percentage of emission-re-
lated warranty claims with the most recent information, unless a recall
has been implemented. Emission warranty information reports and up-
dates shall be submitted to the Chief, Mobile Source Operations Divi-
sion, 9528 Telstar Avenue, El Monte, CA 91731.
(d) The records described in Section 2144(a)(1) of these procedures
and the records used under the alternative procedure described in Section
2142(a) of these procedures shall be made available to the Executive Of-
ficer upon request.
NOTE: Authority cited: Sections 39600, 39601 and 43105, Health and Safety
Code. Reference: Sections 43000, 43009.5. 43018, 43101, 43104, 43105, 43106,
43107 and 43204-43205.5, Health and Safety Code.
History
1. New section filed 1-24-90; operative 2-23-90 (Register 90, No. 8).
2. Amendment of subsections (a)(l )-(3), (b)(2), (b)(3) and (c) filed 10-28-99; op-
erative 1 1-27-99 (Register 99, No. 44).
§ 2145. Field Information Report.
(a) On the basis of data obtained and reported pursuant to Section 2144
of these procedures, a manufacturer shall file a field information report
not more than 45 days after an emission warranty information report indi-
cates that a cumulative total of unscreened warranty claims for a specific
emission-related component is found to exist in excess of the percentage
of vehicles specified in Section 2143, unless the manufacturer has com-
mitted to perform a recall by notifying the ARB of its intent in writing
within the 45-day period. A recall plan must be submitted within 45 days
of that notice.
(b) All field information reports shall be submitted to the Chief, Mo-
bile Source Operations Division, 9528 Telstar Avenue, El Monte, CA
91731, and shall contain the following information in substantially the
format outlined below:
(1) The manufacturer's corporate name.
(2) A field information report number assigned by the manufacturer
which shall be used in all related correspondence.
(3) A description of each class or category of California-certified ve-
hicles or engines affected including make, model, model-year, engine
family or test group and such other information as may be required to
identify the vehicles or engines affected. The description shall include
those engine families or test groups related to the affected engine family
or test group through common certification test data allowed under Title
40, Code of Federal Regulations, Section 86.085-24(f), as amended De-
cember 10, 1984 or Title 40 Code of Federal Regulations, Section
86.1839-01, as adopted May 4, 1999 ("carry-over" and "carry-across"
engine families).
(4) A description of the emission-related component that failed or was
replaced or repaired under warranty, the failure and the probable cause
of the failure.
(5) The number and percentage of vehicles or engines in each engine
family or test group for which a failure of a specific emission-related
component was identified.
(6) The total number and percentage of unscreened warranty claims
and failures of a specific emission-related component projected to occur
during the engine family's or test group's useful life and a description of
the method used to project this number.
(7) An estimated date when the failure of a specific emission-related
component will reach the levels specified in Section 2143 of these proce-
dures.
NOTE: Authority cited: Sections 39600, 39601 and 43105, Health and Safety
Code. Reference: Sections 43000, 43009.5, 43018, 43101, 43104, 43105, 43106,
43107 and 43204-43205.5, Health and Safety Code.
History
1. Renumbering and amendment of text previously incorporated by reference in
Section 211 f to Section 2145 filed 1-24-90; operative 2-23-90 (Register 90,
No. 8). For prior history, see Registers 86, No. 38 and 83, No. 17.
2. Amendment of subsections (b), (b)(3). (b)(5) and (b)(6) filed 10-28-99; opera-
tive 1 1-27-99 (Register 99, No. (44).
§ 2146. Emissions Information Report.
(a) A manufacturer shall file an emissions information report:
(1) For 1990 and subsequent model-year vehicles or engines, when
the failure of a specific emission-related component exceeds the percent-
ages specified in Section 2143 of these procedures. An emissions infor-
mation report shall not be required sooner than 45 days after the field in-
formation report has been submitted to the Executive Officer.
(2) Not more than 45 days after the Executive Officer, with cause, re-
quires such a report. For purposes of this section, "cause" shall be based
upon any information in ARB possession which indicates that a failure
of significant scope is occurring which might necessitate a recall, includ-
ing but not limited to the in-use enforcement test results specified in Sec-
tion 2140(a) above, and information gathered from ARB in-use surveil-
lance activities, Smog Check inspections, and consumer complaints.
(3) For 1982 through 1989 model-year vehicles or engines, not more
than 15 days after a specific emission-related defect is determined to ex-
ist in twenty-five or more vehicles or engines of the same model year.
A defect shall be determined in accordance with procedures established
by a manufacturer to identify safety-related defects.
(b) No emissions information report shall be required if a manufactur-
er has committed to perform a recall by notifying the ARB of its intent
in writing after the failure of a specific emission-related component ex-
ceeds the percentages specified in Section 2143 of these procedures. A
recall plan shall be submitted within 45 days of the manufacturer's notifi-
cation of intent to perform a recall.
(c) All emissions information reports shall be submitted to the Chief,
Mobile Source Operations Division, 9528 Telstar Avenue, El Monte, CA
91731, and shall contain the following information in substantially the
format outlined below. For purposes of this section, the term "failure"
shall be considered synonymous with the term "defect" for those emis-
sions information reports filed pursuant to subsection (a)(3), above.
(1) The manufacturer's corporate name.
(2) The field information report number from which the failure was
first reported, if applicable.
(3) A description of each class or category of California-certified ve-
hicles or engines affected by the failure including make, model, model-
year, engine family or test group, and such other information as may be
required to identify the vehicles or engines affected.
(4) A description of the emission-related component that failed, the
failure and the probable cause of failure.
(5) A description of any driveability problems or impact on other ve-
hicle or engine performance factors such as fuel economy and cold start-
ing likely to result from the failure.
(6) For emissions information reports filed pursuant to Section
2146(a)(1) and (2), a description of how emissions will be affected over
the useful life of the vehicles or engines due to the failure.
(7) For emissions information reports filed pursuant to Section
2146(a)(3), an evaluation of the emission impact of the failure and any
available emission data which relate to the failure.
NOTE: Authority cited: Sections 39600, 39601 and 43105, Health and Safety
Code. Reference: Sections 43000, 43009.5, 43018, 43101, 43104, 43105, 43106,
43107 and 43204-43205.5, Health and Safety Code.
History
1. New section filed 1-24-90; operative 2-23-90 (Register 90, No. 8).
2. Amendment of subsections (c) and (c)(3) filed 10-28-99; operative 1 1-27-99
(Register 99, No. 44).
§ 2147. Demonstration of Compliance with Emission
Standards.
(a) In order to overcome the presumption of noncompliance set forth
in Title 13, California Code of Regulations, Section2123(b), the average
emissions of the vehicles and engines with the failed emission-related
Page 240.2(h)
Register 2007, No. 49; 12-7-2007
Title 13
Air Resources Board
§2150
component must comply with applicable emission standards. A man-
ufacturer may demonstrate compliance with the emission standards by
following the procedures set forth in either subsection (b) or subsection
(c) of this section.
(b) A manufacturer may test properly maintained in-use vehicles with
the failed emission-related component pursuant to the applicable certifi-
cation emission tests specified in Title 13, California Code of Regula-
tions, Section 1960.1 or 1961, as applicable, for passenger cars, light-du-
ty trucks and medium-duty vehicles, Section 1956.8 for heavy-duty
engines and vehicles, Section 1958 for motorcycles, and Section 2442 for
inboard and sterndrive marine engines. The emissions shall be projected
to the end of the vehicle's or engine's useful life using in-use deteriora-
tion factors. The in-use deterioration factors shall be chosen by the man-
ufacturer from among the following:
(1) "Assigned" in-use deterioration factors provided by the ARB on
a manufacturer's request and based on ARB in-use testing; or,
(2) deterioration factors generated during certification, provided ad-
justments are made to account for vehicle aging, customer mileage-ac-
cumulation practices, type of failed component, component failure
mode, effect of the failure on other emission-control components, com-
mercial fuel and lubricant quality, and any other factor which may affect
the vehicle's or engine's operating conditions; or,
(3) subject to approval by the Executive Officer, a manufacturer-gen-
erated deterioration factor. The Executive Officer shall approve such de-
terioration factor if it is based on in-use data generated from certification
emission tests performed on properly maintained and used vehicles in ac-
cordance with the procedures set forth in Section 1960.1 or 1961 of Title
13 of the California Code of Regulations as applicable for passenger cars,
light-duty trucks, and medium-duty vehicles; Section 1956.8 of Title 13
of the California Code of Regulations for heavy duty vehicles and en-
gines; and Section 1958 of Title 13 of the California Code of Regulations
for motorcycles, and if the vehicles from which it was derived are repre-
sentative of the in-use fleet with regard to emissions performance and are
equipped with similar emission control technology as vehicles with the
failed component.
(c) In lieu of the vehicle or engine emission testing described in sub-
section (b) above and subject to approval by the Executive Officer, a
manufacturer may perform an engineering analysis, laboratory testing or
bench testing, when appropriate, to demonstrate the effect of the failure.
NOTE: Authority cited: Sections 39600. 39601 and 43105, Health and Safety
Code. Reference: Sections 43000, 43009.5, 43018, 43101,43104, 43105, 43106,
43107 and 43204-43205.5, Health and Safety Code.
History
1. New section filed 1-24-90; operative 2-23-90 (Register 90,No. 8).
2. Amendment of subsections (b) and (b)(3) filed 10-28-99; operative 1 1-27-99
(Register 99, No. 44).
3. Amendment of subsection (b) filed 7-22-2002; operative 8-21-2002 (Register
2002, No. 30).
§ 2148. Evaluation of Need for Recall.
(a) Once the emission information report is filed, the Executive Offi-
cer shall evaluate the failure to determine whether a recall is necessary.
Factors to be considered shall include but are not limited to the following:
(1) the validity of the data;
(2) the emission impact of the failure on individual vehicles or en-
gines;
(3) the possibility of induced tampering due to driveability problems
resulting from the failure;
(4) the effects of the failure on performance, fuel economy, and safety;
(5) the failure rates and the timing and extent of a remedy if no recall
is required; and
(6) other factors specific to the failure.
(b) Notwithstanding subsection (a) above, a recall shall not be required
if the manufacturer submits information with the emissions information
report which demonstrates to the satisfaction of the Executive Officer
that the failure:
(1) is limited to an emission-related component on a less-than-sub-
stantial percentage of vehicles and does not represent a pervasive defect
in design, application, or execution which is likely to affect a substantial
number of such emission-related components during the useful life of
the vehicle or engines, and
(2) is likely to be corrected under the warranty program or other in-use
maintenance procedure shortly after the inception of the problem.
(c) If a manufacturer can identify a subgroup of an engine family or
test group which is subject to a failure, a recall may be limited to that sub-
group with Executive Officer approval.
NOTE: Authority cited: Sections 39600, 39601 and 43105, Health and Safety
Code. Reference: Sections 43000. 43009.5, 43018, 43101, 43104, 43105, 43106,
43107 and 43204-43205.5, Health and Safety Code.
History
1 . New section filed 1-24-90; operative 2-23-90 (Register 90, No. 8).
2. Amendment of subsection (c) filed 10-28-99; operative 1 1-27-99 (Register
99, No. 44).
§ 2149. Notification and Subsequent Action.
(a) The Executive Officer shall notify the manufacturer of the evalua-
tion results. If the Executive Officer deems a noncompliance exists, a
manufacturer shall have 15 days upon receipt of ARB notification to
notify the ARB in writing of its intent to perform a recall. A manufacturer
may initiate one of the following recalls:
(1) A voluntary recall if the emissions information report submitted
was required pursuant to Section 2146(a)(1) or (a)(3) of these proce-
dures;
(2) An influenced recall if the emissions information report submitted
was required pursuant to Section 2146(a)(2) of these procedures.
(b) If no notification to perform a voluntary or influenced recall is sub-
mitted by the manufacturer within the 15-day period specified in subsec-
tion (a) above, the ARB may initiate further investigation which could
lead, respectively, to an influenced or ordered recall of the subject ve-
hicles or engines.
(c) Following notification of noncompliance by the ARB, a manufac-
turer shall submit within 45 days a recall plan in accordance with Section
21 13(a) or (b), Title 13, California Code of Regulations.
NOTE: Authority cited: Sections 39600, 39601 and 43105, Health and Safety
Code. Reference: Sections 43000, 43009.5, 43018, 43101, 43104, 43105, 43106,
43107, 43204-43205.5, 4321 1-43213 and 43107, Health and Safety Code.
History
1. New section filed 1-24-90; operative 2-23-90 (Register 90, No. 8).
Article 3. Surveillance Testing
§ 2150. Assembly-Line Surveillance.
(a) Each manufacturer offering new vehicles for sale in California
shall make available to the state board at reasonable times and upon rea-
sonable written notice its facilities for the purpose of observing assemb-
ly-line testing conducted pursuant to Article 1 .
(b) Upon request, facilities at the assembly-line shall be made avail-
able for the state board to conduct its own assembly-line tests with the
manufacturer's or the state board's own equipment. In lieu of the state
board's surveillance testing at assembly-lines, a manufacturer and the
executive officer of the state board may agree
(1) to the state board's surveillance testing in California at a point or
points mutually satisfactory to both, or
(2) to surveillance being conducted by an independent laboratory pur-
suant to instructions of the executive officer. The executive officer shall
endeavor to conduct assembly-line surveillance testing under this subdi-
vision with respect to manufacturers whose assembly-lines are outside
the continental United States.
NOTE: Authority cited: Sections 39600, 39601 and 43202, Health and Safety
Code. Reference: Sections 39002, 39003, 39500, 43100, 4302 and 43210, Health
and Safety Code.
History
1. Amendment of subsection (a) filed 10-17-73 as procedural and organizational;
effective upon filing (Register 73, No. 42).
2. Amendment filed 12-5-73 as an emergency; effective upon filing. Certificate
of Compliance included (Register 73, No. 49).
3. New subsection (c) filed 3-6-74; effective thirtieth day thereafter (Register 74,
No. 10).
Page 240.2(i)
Register 2007, No. 49; 12-7-2007
§2151
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
4. Repealer of subsection (c) filed 5-23-75; effective thirtieth day thereafter (Reg-
ister 75, No. 21).
5. Amendment filed 1 1-30-83; effective thirtieth day thereafter (Register 83, No.
49).
§2151. New Motor Vehicle Dealer Surveillance.
(a) No dealer shall sell, or offer or deliver for sale a new passenger car,
light-duty truck, or medium-duty vehicle which is required to meet
emission standards adopted pursuant to Chapter 2 (commencing with
Section 43100) of Part 5 of Division 26 of the Health and Safety Code,
unless such vehicle conforms to the following requirements:
(1) Ignition timing set to manufacturer's specification with an allow-
able tolerance of ±3°
(2) Idle speed is set to manufacturer's specification with an allowable
tolerance of + 100 rpm;
(3) Required exhaust and evaporative emission controls, such as EGR
valves, are operating properly;
(4) Vacuum hoses and electrical wiring for emission controls are cor-
rectly routed; and
(5) Idle mixture is set to manufacturer's specification or according to
manufacturer's recommended service procedure.
(b) The executive officer or his/her authorized representative shall,
pursuant to Health and Safety Code Section 43012, conduct inspection
and surveillance of new motor vehicles at dealerships to verify conformi-
ty with the requirements set forth in paragraph (a). Functional tests, stea-
dy-state inspection tests, and other tests as reasonably necessary shall be
performed. The California Motor Vehicle Inspection Program emission
test standards in Section 2176 applicable to the appropriate model year
may be used by the executive officer or his/her authorized representative
to verify the compliance of new motor vehicles with the requirements of
subparagraph (a). Exceeding the limits specified in Section 21 76 shall be
deemed a violation of the requirements of subparagraph (a). Costs such
as those enumerated in Section 2153 shall be borne by the manufacturers.
(c) Violation of the requirements set forth in paragraph (a) may result
in one or more of the following sanctions:
(1) Dealer liability for a civil penalty pursuant to Health and Safety
Code Section 43212; for the purpose of this section, the word "distribu-
tor" in Section 43212 includes dealers;
(2) Dealer infraction liability for violation of Vehicle Code Section
24007(b) or 27156; or
(3) Any other remedy against a manufacturer or dealer provided for by
law.
NOTE: Authority cited: Sections 39600, 39601 and 43211. Health and Safety
Code. Reference: Sections 39002, 39003, 39500, 43000, 43009, 43012, 43210,
4321 1 , 43212 and 43600, Health and Safety Code; and Sections 24007(b), 27156
and 27157, Vehicle Code.
History
1 . Amendment filed 1 2-12-78; effective thirtieth day thereafter (Register 78, No.
50). For prior history, see Register 77, No. 12.
2. Amendment filed 11-30-83; effective thirtieth day thereafter (Register 83, No.
49).
§ 2152. Surveillance of Used Cars at Dealerships.
(a) No dealer shall sell, or offer or deliver for sale a used passenger car,
light-duty truck, or medium-duty vehicle which is required to meet
emission standards adopted pursuant to Chapter 1 (commencing with
Section 43000) of Part 5 of Division 26 of the Health and Safety Code,
unless such vehicle conforms to the following requirements:
(1) Ignition timing set to retrofit device or vehicle manufacturer's
specification with an allowable tolerance +3°;
(2) Idle speed set to retrofit device or vehicle manufacturer's specifica-
tion with an allowable tolerance of ±100 rpm;
(3) Required exhaust and evaporative emission controls, such as EGR
valves, are operating properly;
(4) Vacuum hoses and electrical wiring for emission controls are cor-
rectly routed and connected; and
(5) Idle mixture set to retrofit device or vehicle manufacturer's specifi-
cation or according to manufacturer's recommended service procedure.
(b) The requirements set forth in subparagraphs (a)(1) through (a)(5)
shall also apply to a dealer when servicing emission related components.
However, only that requirement(s) appropriate to the service performed
shall apply.
(c) The executive officer or his/her authorized representative shall,
pursuant to Health and Safety Code Section 43012, conduct inspection
and surveillance of used motor vehicles at dealerships to verify confor-
mity with the requirements set forth in paragraphs (a) and (b). Functional
tests, steady-state inspection tests, and other tests as reasonably neces-
sary, shall be performed. In addition, the California Motor Vehicle In-
spection Program emission test standards in Section 2176 applicable to
the appropriate model year may be used by the executive officer or his/
her authorized representative to verify compliance with the requirements
of subparagraph (a). Exceeding the limits specified in Section 2176 shall
be deemed a violation of the requirements of subparagraph (a).
(d) Violation of the requirements set forth in paragraphs (a) and (b)
may result in one or more of the following sanctions:
(1) Dealer infraction liability for violation of Vehicle Code Section
24007(b) or 27156;
(2) Action against the dealer's license pursuant to Vehicle Code Sec-
tion 11713; or
(3) Any other remedy against a manufacturer or dealer provided for by
law.
NOTE: Authority cited: Sections 39600, 39601 and 43211, Health and Safety
Code. Reference: Sections 39002, 39003, 43009. 43012, 43 100 and 43600, Health
and Safety Code; and Sections 11713, 24007(b), 27156, 27157 and 27157.5, Ve-
hicle Code.
History
1. New section filed 5-23-75; effective thirtieth day thereafter (Register 75, No.
21).
2. Amendment of section and NOTE filed 3-1 6-77; effective thirtieth day thereaf-
ter (Register 77, No. 12).
3. Amendment filed 12-12-78; effective thirtieth day thereafter (Register 78, No.
50).
4. Editorial correction to subsection (a) (Register 79, No. 10).
5. Amendment filed 1 1-30-83; effective thirtieth day thereafter (Register 83, No.
49).
§2153. Reimbursement of Costs.
In connection with surveillance of emissions from new vehicles prior
to their retail sale, the manufacturers of such vehicles shall pay fees to
permit the state board to recover the state board' s direct and indirect costs
in conducting such surveillance. These costs will be computed on a per-
son-hour basis according to time spent on each manufacturer, and shall
include personnel salaries, administrative overhead, travel time and ex-
penses. With respect to surveillance conducted away from the state
board' s Vehicle Testing Laboratory, if more than one manufacturer is in-
volved in a particular trip, travel time and expenses shall be apportioned
among them according to time spent in surveillance of each manufactur-
er's vehicles. The computations used in establishing fees will periodical-
ly be revised and shall be available upon request.
NOTE: Authority cited: Sections 39600, 39601 and 43203, Health and Safety
Code. Reference: Section 43210, Health and Safety Code.
History
1. New section filed 12-5-73 as an emergency; effective upon filing. Certificate
of Compliance included (Register 73, No. 49).
2. Amendment of NOTE filed 3-1 6-77; effective thirtieth day thereafter (Register
77, No. 12).
3. Amendment filed 1 1-30-83; effective thirtieth day thereafter (Register 83, No.
49).
Article 4. Certificates of Compliance
§ 21 60. Certificates of Compliance Exemptions — New and
Used Diesel Vehicles over 6,000 Pounds Gross
Weight Rating.
NOTE: Authority cited: Section 4000. 1 (e), Vehicle Code; and Sections 39600 and
39601, Health and Safety Code. Reference: Section 4000.1(e), Vehicle Code; and
Sections 43150-43156, Health and Safety Code.
Page 240.2(j)
Register 2007, No. 49; 12-7-2007
Title 13
Air Resources Board
§ 2166.1
History
1. Amendment filed 12-21-76 as an emergency; effective upon filing (Register
76, No. 52). For prior history, see Register 76, No. 1.
2. Amendment of NOTE filed 3-1 6-77; effective thirtieth dav thereafter (Register
77, No. 12).
3. Certificate of Compliance as to filing of 12-21-76 filed 4-1-77 (Register 77,
No. 14).
4. Amendment filed 10-25-78: effective thirtieth day thereafter (Resister 78, No.
43).
5. Amendment filed 1 1-30-83; effective thirtieth day thereafter (Register 83, No.
49).
6. Amendment filed 2-9-84; effective thirtieth day thereafter (Register 84, No. 6).
7. Change without regulatory effect repealing section filed 3-18-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 12).
§ 2161. Certificates of Compliance Exemptions — New and
Used Diesel Vehicles, 6,000 Pounds or Less
Gross Weight Rating.
NOTE: Authority cited: Section 4000.1(e), Vehicle Code; and Sections 39600 and
39601 , Health and Safety Code. Reference: Section 4000. 1 (e), Vehicle Code; and
Sections 43150-43156, Health and Safety Code.
History
1 . New section filed 1 0-25-78; effective thirtieth day thereafter (Register 78, No.
43).
2. Amendment filed 1 1-30-83: effective thirtieth day thereafter (Register 83, No.
49).
3. Amendment filed 2-9-84; effective thirtieth day thereafter (Register 84, No. 6).
4. Change without regulatory effect repealing section filed 3-18-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 12).
§ 2162. Certificates of Compliance Exemptions — New and
Used Motorcycles.
NOTE: Authority cited: Section 4000.1(e), Vehicle Code; and Sections 39600 and
39601 , Health and Safety Code. Reference: Section 4000.1(e), Vehicle Code; and
Sections 43150-43156, Health and Safety Code.
History
1 . New section filed 2-9-84: effective thirtieth day thereafter (Register 84, No. 6).
2. Change without regulatory effect repealing section filed 3-18-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 12).
§ 2163. Certificates of Compliance Exemptions for Used
Motorcycles.
Certificates of Compliance are not required upon transfer of owner-
ship and registration of motorcycles, nor upon initial registration of mo-
torcycles with odometer readings of over 7,500 miles. This section shall
become effective on September 1, 1984, and shall supersede the provi-
sions of Section 2162 on that date.
NOTE: Authority cited: Section 4000. 1 (e), Vehicle Code: and Sections 39600 and
39601, Health and Safety Code. Reference: Sections 4000.1(e) and 4000.2, Ve-
hicle Code; and Sections 43150-43156, Health and Safety Code.
History
1. New section filed 2-9-84; effective thirtieth day thereafter (Register 84, No. 6).
§ 2164. Certificates of Compliance Exemptions for Used
Diesel-Powered Passenger Cars, Light-Duty
Trucks, and Medium-Duty Vehicles.
Certificates of Compliance are not required upon transfer of owner-
ship and registration of diesel-powered passenger cars, light-duty
trucks, and medium-duty vehicles, nor upon initial registration of diesel-
powered passenger cars, light-duty trucks, and medium-duty vehicles
with odometer readings of over 7,500 miles. This section shall become
effective on September 1, 1984, and shall supersede the provisions of
Sections 2160 and 2161 on that date.
NOTE: Authority cited: Section 4000.1(e), Vehicle Code; and Sections 39600 and
39601, Health and Safety Code. Reference: Sections 4000.1(e) and 4000.2, Ve-
hicle Code; and Sections 43150-43156, Health and Safety Code.
History
1 . New section filed 2-9-84; effective thirtieth day thereafter (Register 84, No. 6).
§ 2165. Certificates of Compliance Exemptions for Used
Heavy-Duty Diesel Vehicles.
Certificates of Compliance are not required upon transfer of owner-
ship and registration of heavy-duty diesel vehicles, nor upon initial regis-
tration of heavy-duty diesel vehicles with an odometer reading of over
7,500 miles. This section shall become effective on September J, 1984,
and shall supersede the provisions of Sections 2160 and 2161 on that
date.
NOTE. Authority cited: Section 4000. 1(e), Vehicle Code; and Sections 39600 and
39601. Health and Safety Code. Reference: Sections 4000.1(e) and 4000.2, Ve-
hicle Code; and Sections 43150-43156, Health and Safety Code.
History
1 . New section filed 2-9-84; effective thirtieth day thereafter (Register 84, No. 6).
Article 5. Procedures for Reporting
Failures of Emission-Related Equipment
and Required Corrective Action
§2166. General Provisions.
(a) The provisions of this article apply to:
(1) California-certified 2010 and subsequent model-year passenger
cars, light-duty trucks, medium-duty vehicles, heavy-duty vehicles,
and motorcycles.
(2) California-certified engines used in such vehicles.
(b) For the purposes of this article, the definitions shall be the same as
those set forth in Title 13, California Code of Regulations, Section 2035
(c) and Section 2166.1.
(c) These procedures shall not apply to zero emission vehicles and
those vehicles certified under Health and Safety Code 44201.
(d) The Executive Officer may waive any or all of the requirements of
this Article if he or she determines that the requirement constitutes an un-
due burden on the manufacturer. In making this determination, the
Executive Officer may, but is not required to, consider the emissions im-
pact, except as provided in 2168(f), or the economic impact of the re-
quirement.
(e) This article contains procedures for reporting emissions warranty
information and procedures for determining, and the facts constituting,
compliance or failure of compliance with and violations of test proce-
dures based on emissions warranty information. This article also con-
tains procedures for requiring recalls or other corrective action based on
such information. Nothing in this article shall limit the Executive Offi-
cer's authority pursuant to Health and Safety Code section 43105 to re-
quire recalls or other corrective action in other types of situations.
(f) Each part of this article shall be deemed severable, and in the event
that any part of this article is held to be invalid, the remainder of this ar-
ticle shall continue in full force and effect.
NOTE: Authority cited: Sections 39500, 39600, 39601, 43013, 43018, 43100,
43101, 43102, 43104, 43105, 43106, 43107 and 43806, Health and Safety Code;
and Section 28114, Vehicle Code. Reference: Sections 39002, 39003, 39500,
39667, 43000, 43009.5, 43013, 43017, 43018, 43100, 43101, 43101.5, 43102,
43104, 43105, 43106, 43107, 43202, 43204, 43205, 43205.5, 43206, 43210,
43211, 432 1 2, 432 1 3 and 43806, Health and Safety Code; and Section 28114, Ve-
hicle Code.
History
1. New article 5 (sections 2166-2174) and section filed 12-5-2007; operative
1-4-2008 (Register 2007, No. 49).
§2166.1. Definitions.
(a) "Capture rate" means the percentage of in-use vehicles subject to
recall which must be corrected to bring the class or category of vehicles
into compliance. The number of vehicles subject to recall shall be based
on the actual number of vehicles in use as verified by the Department of
Motor Vehicles registration records, or vehicle or engine registration re-
cords compiled and prepared by R. L. Polk and Company or a compara-
ble source at the time a recall is initiated.
(b) "Corrective Action" refers to any action taken by the manufacturer
to remedy a violation of emission standards or test procedures. Correc-
tive action may include recall, extended warranty, or other action ordered
by the Executive Officer. The Executive Officer may order direct notifi-
cation of corrective action to vehicle or engine owners.
(c) "Days", when computing any period of time, means normal work-
ing days on which a manufacturer is open for business, unless otherwise
noted.
Page 240.2(k)
Register 2007, No. 49; 12-7-2007
§ 2166.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(d) "Emission control component" or "'emission-related component"
means a device, system, or assembly described in the manufacturer's ap-
proved application for certification which is considered to be a "war-
ranted part" pursuant to Title 13, California Code of Regulations, Divi-
sion 3, Chapter 1, Article 6 and subject to this Article.
(e) "Emission Warranty Claim" means an adjustment, inspection, re-
pair or replacement of a specific emission-related component within the
statutory warranty period for which the vehicle or engine manufacturer
is invoiced or solicited by a repairing agent for compensation pursuant
to Title 1 3, California Code of Regulations, Division 3, Chapter 1 , Article
6 and subject to this Article.
(f) "Executive Officer" means the Executive Officer of the Air Re-
sources Board or his or her authorized representative.
(g) "Exhaust after-treatment device" means any device or system de-
signed to oxidize, reduce or trap post-combustion exhaust emissions, in-
cluding those components that transport the exhaust emissions from the
engine to the after-treatment device, described in the manufacturer's ap-
plication for certification, and installed on a vehicle or engine certified
for sale in California.
(h) "Extended Warranty" means corrective action required by the
Executive Officer that extends the warranty time and mileage periods for
a specific emissions-related component pursuant to this article. For pas-
senger cars, light-duty trucks, medium-duty vehicles and engines, and
heavy-duty vehicles and engines used in such vehicles, the extended
warranty shall be equal to the applicable certified useful life period of that
vehicle or engine. The Executive Officer may order direct notification of
corrective action to vehicle or engine owners. The extended warranty on
hybrid electric vehicle battery packs used for vehicle propulsion shall be
limited to the lesser of 1) the applicable useful life of the vehicle or 2) 10
years.
(i) "Emission Warranty Information Reporting Termination Point"
means the point at which the requirement to submit the Emission Warran-
ty Information Reports terminates. Emission Warranty Information Re-
ports shall be updated until one year after the statutory warranty time pe-
riod for a given model year ends (e.g., a 2010 model year engine family
with a three year or 50,000 mile warranty period would be reported until
the end of the 2013 calendar year). The only exception is PZEV vehicles
which will be limited to a 12 year reporting period and the seven year or
70,000 mile high price components will be limited to a reporting period
of 5 years.
(j) "Influenced Emission Recall" means an inspection, repair, adjust-
ment, or modification program initiated and conducted by a manufactur-
er or its agent or representative as a result of any evidence of noncom-
pliance to remedy any nonconformity for which direct notification of
vehicle or engine owners is necessary.
(k) "Nonconformity" or "noncompliance" exists whenever an engine
family, test group or subgroup of vehicles is determined to be in violation
of test procedures pursuant to this Article.
(/) "Ordered Recall" or "recall" means an inspection, repair, adjust-
ment, or modification program required by the Executive Officer and
conducted by the manufacturer or its agent or representative to remedy
any nonconformity for which direct notification of vehicle or engine
owners may be required.
(m) "Quarterly reports" refer to the following calendar periods: Janu-
ary 1-March 31, April 1-June 30, July 1-September 30, October 1-De-
cember 3 1 .
(n) "Systemic Failure" means any emission-control component as de-
fined in this article, found to have valid failures that represent at least four
percent or 50 vehicles or engines (whichever is greater) of the vehicles
or engines of a California certified engine family or test group, pursuant
to this Article.
(o) "Ultimate purchaser" has the same meaning as defined in section
39055.5 of the Health and Safety Code.
(p) For the purposes of this article, "useful life" means the following,
however, nothing in this subsection alters the applicability provisions of
section 2166.
(1) For Class 1 motorcycles and motorcycle engines (50 to 169 cc or
3.1 to 10.4 cu. in.), a period of use of five years or 12,000 kilometers
(7,456 miles), whichever first occurs.
(2) For Class II motorcycles and motorcycle engines ( J 70 to 279 cc or
10.4 to 17.1 cu. in.), a period of use of five years or 18,000 kilometers
(1 1,185 miles), whichever first occurs.
(3) For Class III motorcycles and motorcycle engines (280 cc and larg-
er or 1 7. 1 cu. in. and larger), a period of use of five years or 30,000 kilo-
meters (18,641 miles), whichever first occurs.
(4) For 2001 and subsequent-model year medium-duty low-emis-
sion, ultra-low-emission and super-ultra-low-emission vehicles certi-
fied to the primary standards in section 1961(a)(l ), and motor vehicle en-
gines used in such vehicles, a period of use often years or 120,000 miles,
whichever occurs first. For 2001 and subsequent medium-duty low-
emission, ultra-low-emission and super-ultra-low-emission vehicles
certified to the optional 150,000 mile standards in section 1961(a)(1),
and motor vehicle engines used in such vehicles, a period of use of fifteen
years or 150,000 miles, whichever occurs first. For all other 1995 and
subsequent model-year medium-duty vehicles and motor vehicle en-
gines used in such vehicles, a period of use of eleven years or 120,000
miles, whichever occurs first.
(5) For those passenger cars and light-duty trucks certified to the pri-
mary standards in section 1961(a)(1), the useful life shall be ten years or
120,000 miles, whichever occurs first. For 2001 and subsequent passen-
ger car and light-duty truck low-emission, ultra-low-emission and su-
per-ultra-low-emission vehicles certified to the optional 150,000 mile
standards in section 1961(a)(1), and motor vehicle engines used in such
vehicles, a period of use of fifteen years or 150,000 miles, whichever oc-
curs first. For those 2003 and subsequent model year passenger cars,
light-duty trucks, and medium-duty vehicles, certified pursuant to Title
13, California Code of Regulations, section 1962, a period of use of fif-
teen years or 150,000 miles, whichever occurs first.
(6) For 2004 and subsequent model-year light heavy-duty diesel en-
gines, for carbon monoxide, particulate, and oxides of nitrogen plus non-
methane hydrocarbons emissions standards, a period of use of 10 years
or 1 10,000 miles, whichever first occurs, or any alternative useful life pe-
riod approved by the Executive Officer.
(7) For 2004 and subsequent model-year medium heavy-duty diesel
engines, for carbon monoxide, particulate, and oxides of nitrogen plus
non-methane hydrocarbons emissions standards, a period of use often
years or 185,000 miles, whichever first occurs; or any alternative useful
life period approved by the Executive Officer.
(8) For 2004 and subsequent model-year heavy heavy-duty diesel en-
gines, 2004 and subsequent model-year heavy-duty diesel urban buses,
2004 and subsequent model-year heavy-duty diesel engines to be used
in urban buses, and 2004 and subsequent model year hybrid-electric ur-
ban buses for carbon monoxide, particulate, and oxides of nitrogen plus
non-methane hydrocarbon emissions standards, a period of use of 10
years or 435,000 miles, or 22,000 hours, whichever first occurs, or any
alternative useful life period approved by the Executive Officer.
(A) The useful life limit of 22,000 hours of this definition is effective
as a limit to the useful life only when an accurate hours meter is provided
by the manufacturer with the engine and only when such hours meter can
reasonably be expected to operate properly over the useful life of the en-
gine.
(B) For an individual engine, if the useful life hours limit of 22,000
hours is reached before the engine reaches 10 years or 100,000 miles, the
useful life shall become 10 years or 100,000 miles, whichever occurs
first, as required under Clean Air Act section 202(d) (42 U.S.C. 7521(d)).
(9) For 2004 and subsequent model-year heavy-duty Otto-cycle en-
gines, for carbon monoxide, particulate, and oxides of nitrogen plus non-
methane hydrocarbon emissions standards, a period of use of 10 years or
1 10,000 miles, whichever first occurs.
(q) "Valid failure" or "valid failure rate" means an emission-control
component or emission-related component that was properly diagnosed
and replaced under warranty by an authorized warranty station and repre-
Page 240.2(1)
Register 2007, No. 49; 12-7-2007
Title 13
Air Resources Board
§2168
sents the true and accurate failures of a specific component after legiti-
mate screening (as specified in Section 2168) of the applicable warranty
data authorized and acceptable to the Executive Officer, pursuant to this
Article.
(r) "Vehicle or engine manufacturer" means the manufacturer granted
certification for a motor vehicle or motor vehicle engine.
(s) "Violation of test procedures" means violation of any portion of
any test procedure made applicable to motor vehicles by Division 26,
Part 5 of the Health and Safety Code or by Division 3 of Title 13 of the
California Code of Regulations or any test procedure violation deter-
mined pursuant to this article.
(t) "Voluntary Recall" means an inspection, repair, adjustment, or
modification program voluntarily initiated and conducted by a manufac-
turer or its agent or representative to remedy any nonconformity, pur-
suant to this Article, for which direct notification of vehicle or engine
owners may be necessary.
NOTE: Authority cited: Sections 39500, 39600, 39601, 43013, 43018, 43100,
43101, 43102, 43104, 43105, 43106, 43107 and 43806, Health and Safety Code;
and Section 28114, Vehicle Code. Reference: Sections 39002, 39003, 39500,
39667, 43000, 43009.5, 43013, 43017, 43018, 43100, 43101, 43101.5, 43102,
43104, 43105, 43106, 43107, 43202, 43204, 43205, 43205.5, 43206. 43210,
4321 1, 43212, 43213 and 43806, Health and Safety Code; and Section 281 14, Ve-
hicle Code.
History
1. New section filed 12-5-2007; operative l^t-2008 (Register 2007, No. 49).
§ 2167. Emission Warranty Information Report.
(a) A manufacturer shall:
(1) Review California emission warranty claim records for each
California-certified engine family or test group on a quarterly basis to de-
termine and compile by cumulative total the number of claims made for
emission-related components. The data compiled shall be based on all
emission warranty claims, without any prescreening of data as to the va-
lidity of the claims. In the case of heavy-duty vehicles or engines, a
manufacturer may use nationwide data for monitoring emission warranty
claims of a California-certified engine family or test group which is also
certified by the United States Environmental Protection Agency.
(2) Categorize emission warranty claims for each engine family or test
group by the specific emission control component replaced or repaired,
or in the case of multiple components with the same part number that are
replaced in single service event, shall be counted as one warranted repair
for that service event.
(3) On the basis of data obtained subsequent to the effective date of
these regulations, file an emission warranty information report for each
calendar year if the cumulative number of unscreened emission warranty
claims for a specific emission-related component or repair represent at
least four percent or fifty (whichever is greater) of the vehicles or engines
of a California-certified engine family or test group.
(4) The filing of an emission warranty information report for a partial
zero emission vehicle shall be limited to exhaust after-treatment devices,
computer related repairs including calibration updates, and any emis-
sion-control device not subject to the 15 year or 150,000 mile emission
control warranty provisions for such vehicles. A zero emission energy
storage device used for traction power (such as battery, ultracapacitor, or
other electric storage device) is not required to be reported. The Execu-
tive Officer may add emission-related components to this list as technol-
ogy changes.
(b) The emission warranty information report shall be submitted in an
electronic format as specified by the ARB. The file must be structured so
that the test group or engine family name and the part number are the pri-
mary file keys. These two data fields are unique and cannot be duplicated
within the data file or changed in subsequent Emission Warranty In-
formation Report submissions unless approved by the ARB database ad-
ministrator. The electronic file shall include the following information:
(1) The California-certified test group or engine family.
(2) Part number, labor operation code or some other nomenclature that
uniquely identifies a given component within a test group or engine fami-
(3) The name of the specific emission-related component being re-
placed or repaired. The component name may not be changed in subse-
quent Emission Warranty Information Reports unless approved by the
ARB database administrator.
(4) A repair code to indicate if the emission-related component was
repaired or replaced.
(5) The warranty coverage pursuant to Title 13, California Code of
Regulations, Division 3, Chapter 1, Article 6 for each reported compo-
nent.
(6) The California sales volume, the number of cumulative claims and
percentage of vehicles or engines in each engine family or test group for
which a warranty replacement or warranty repair of a specific emission-
related component was identified (i.e., the percentage of vehicles or en-
gines is equal to the cumulative number of unscreened emission warranty
claims for a specific emission-related component or repair divided by the
sales volume of the California-certified engine family or test group).
(7) Time frame of the Emission Warranty Information Report being
submitted.
(8) The models of the test group or engine family for each component
being repaired or replaced.
(9) An action status report code as dictated by the ARB database ad-
ministrator.
(c) Emission warranty information reports shall be submitted not more
than 25 days after the end of each calendar year until the emission war-
ranty information reporting termination point is reached. The Executive
Officer may request that a manufacturer file quarterly emission warranty
information reports for a specific emission-related component(s) for a
specified period of time. Emission warranty information reports and up-
dates shall be submitted and provided on electronic media to the Chief,
Mobile Source Operations Division, 9480 Telstar Avenue, Suite 4, El
Monte, CA 91731 and/or can be emailed to a designated ARB staff.
(d) The records described in this section shall be made available to the
Executive Officer upon request.
NOTE: Authority cited: Sections 39500, 39600, 39601, 43013, 43018, 43100,
43101, 43102, 43104, 43105, 43106, 43107 and 43806, Health and Safety Code;
and Section 28114, Vehicle Code. Reference: Sections 39002, 39003, 39500,
39667. 43000, 43009.5, 43013, 43017, 43018, 43100, 43101, 43101.5, 43102,
43104, 43105, 43106, 43107, 43202, 43204, 43205, 43205.5, 43206, 43210,
4321 1, 43212, 43213 and 43806, Health and Safety Code; and Section 281 14, Ve-
hicle Code.
History
1. New section filed 12-5-2007; operative 1-4-2008 (Register 2007, No. 49).
§ 2168. Supplemental Emissions Warranty Information
Report.
(a) A manufacturer shall file a Supplemental Emissions Warranty In-
formation Report within 60 days after an emission warranty information
report as specified in Section 2167 indicates that a cumulative total of un-
screened emission warranty claims for a specific emission-related com-
ponent represents at least ten percent or 100 components (whichever is
greater) of the vehicles or engines of a engine family or test group. The
manufacturer must continue to update and report the Supplemental Emis-
sions Warranty Information Report on a quarterly basis. A manufacturer
shall submit an updated Supplemental Emissions Warranty Information
Report within 60 days after each calendar quarter until the emission war-
ranty information reporting termination point is reached for the specific
emission component being reported or corrective action is launched for
the reported emission component. With the approval of the Executive Of-
ficer, manufacturers may delay or terminate the submission of the Sup-
plemental Emissions Warranty Information Report.
(b) If a manufacturer demonstrates to the satisfaction of the Executive
Officer that a systemic emission component failure has occurred early
within the statutory emission warranty period, as defined below, then the
Executive Officer may decide not to require the manufacturer to perform
corrective action on the affected vehicles or engines. To prove that a sys-
temic emission-related component failure occurred early within the stat-
utory emission warranty period, the manufacturer must demonstrate in
the Supplemental Emissions Warranty Information Report to the Execu-
Page 240.2(m)
Register 2007, No. 49; 12-7-2007
§2168
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
tive Officer's satisfaction, that a systemic failure exists in a specific sub-
group of vehicles or engines within an engine family or test group and has
been satisfactorily corrected under warranty within 18 months after the
last vehicle or engine of the affected engine family or test group in a mod-
el year was manufactured. In such a case, the manufacturer may not be
subject to additional corrective action for the subject engine family, test
group or subgroup, but must demonstrate to the Executive Officer the up-
per limit of the early emission component failure rate and the date it will
terminate. Should the emission component failure rate exceed the rate es-
tablished by the manufacturer by an additional valid failure rate of four
percent or 50 vehicles (whichever is greater) the manufacturer must re-
file a Supplemental Emissions Warranty Information Report pursuant to
this Article (making it subject to further corrective action) or implement
the corrective action as ordered pursuant to sections 2169-2171.
(c) Subject to approval of the Executive Officer, as part of the Supple-
mental Emissions Warranty Information Report, the manufacturer may
be allowed to screen out or remove emission warranty claims for compo-
nents that were subsequently determined to have failed due to abuse, ne-
glect or improper maintenance, or for any warranty repairs that that were
performed solely for customer satisfaction purposes or due to misdiagno-
sis. The manufacturer must demonstrate to the satisfaction of the Execu-
tive Officer, using good engineering judgment based on emission com-
ponent failure analysis data and representative statistical sampling, that
the emission components replaced or repaired under these emission war-
ranty claims are free from mechanical defects and perform to the
manufacturer's specifications and all other applicable requirements.
(d) As part of the Supplemental Emissions Warranty Information Re-
port, the manufacturer may be allowed to screen out or remove emission
warranty claims for secondary component failures that directly resulted
from an established primary emission component failure. The manufac-
turer must demonstrate to the satisfaction of the Executive Officer that
the primary failure is the direct cause for the secondary component fail-
ure and that secondary failure will cease after the primary failure is cor-
rected.
(e) A Supplemental Emissions Warranty Information Report may not
be required if the manufacturer commits to perform a recall on any emis-
sion control component by notifying the ARB of its commitment in writ-
ing. In such a case, the manufacturer may screen the components to be
recalled from the Emission Warranty Information Report. However, if
the recall applies to a sub-group of vehicles or engines, or if the recall is
not deemed acceptable by the Executive Officer, the uncorrected ve-
hicles or engines are still subject to reporting requirements and corrective
action pursuant to this Article. Also, if the components replaced under
recall fail within the warranty period reaching four percent or 50 vehicles
or engines (whichever is greater) within an engine family or test group,
the manufacturer must report these emission warranty claims pursuant to
this Article and may be required to perform corrective action.
(f) If a manufacturer demonstrates to the satisfaction of the Executive
Officer that a systemic emission component failure will not have an emis-
sions impact under any conceivable circumstance, then no corrective ac-
tion shall be required for the affected vehicles or engines. The Executive
Officer need not base this determination on emissions testing.
(g) If a manufacturer demonstrates to the satisfaction of the Executive
Officer that a computer OBD recalibration or update is not being per-
formed to correct an emissions exceedance or an OBD compliance issue,
then no corrective action shall be required for the affected vehicles or en-
gines.
(h) All Supplemental Emissions Warranty Information Reports shall
be submitted to the Chief, Mobile Source Operations Division, 9480 Tel-
star Avenue Suite No. 4, El Monte, CA 91731 and shall contain the fol-
lowing information in substantially the format outlined below.
(i) Upon the manufacturer's request and with the approval of the
Executive Officer, any reported emission component that is replaced as
part of a corrective action may be waived from further reporting require-
ments.
(j) The Supplemental Emission Warranty Information report shall be
submitted in an electronic format as specified by the ARB. Supplemental
Emissions Warranty Information Reports shall contain the following
data:
(1) The manufacturer's corporate name.
(2) Each Supplemental Emissions Warranty Information Report shall
be filed individually for each emission-related component that reached
the specified reporting level as indicated in (a) of this section. Manufac-
turers shall designate a unique supplemental emissions warranty in-
formation report number to assist in tracking individual emission-related
component problems. The nomenclature format for assigning a tracking
number shall follow the sequence using the manufacturer's four digit
name designation followed by the letters SEWIR, the calendar year filed
and then a three digit sequential number. An example of this format
would be as follows: MFRX-SEWIR-201 0-001.
(3) A description of each class or category of California-certified ve-
hicles or engines affected including make, model, model-year, engine
family or test group and such other information as may be required to
identify the vehicles or engines affected. The description shall include
those engine families or test groups related to the affected engine family
or test group through common certification test data allowed under Title
40, Code of Federal Regulations, Section 86.085-24(f), as amended De-
cember 10, 1984 or Title 40 Code of Federal Regulations, Section
86.1839-01, as adopted May 4, 1999 ("carry-over" and ''carry-across"
engine families).
(4) A description of the emission-related component that failed, the
failure, the probable cause of failure and the emission-related compo-
nent part number. A description of all other vehicles that contain the fail-
ing component. A description of whether the failure has been detected by
the On-Board Diagnostic system in the affected vehicles or engines as
required by title 13 CCR sections 1968.1-1968.5, 1971.1 or by the En-
gine Manufacturer Diagnostic system in the affected vehicles or engines
as required by title 13 CCR section 1971.
(5) Manufacturers conducting computer recalibrations or reflashes
shall explain the vehicle conditions/parameters that are being changed by
the recalibration action. The manufacturer must also indicate if OBD
compliance requirements are being remedied.
(6) Any information necessary to make the demonstrations provided
in subsections (b)-(g) above.
(7) A statement whether the cumulative total of valid failures for a spe-
cific emission-related component represents at least 4 percent or 50
(whichever is greater) of the vehicles or engines within a California certi-
fied engine family or test group. On the basis of data obtained and re-
ported pursuant to this article, a manufacturer may determine that a cu-
mulative total of valid failures for a specific emission-related component
is found to exist in less than 4 percent or 50 (whichever is greater) of the
vehicles or engines of a California certified engine family or test group.
If this is the case, the manufacturer must supply the following informa-
tion:
(A) The number and percentage of vehicles or engines in each engine
family or test group for which a failure of a specific emission-related
component was identified.
(B) The total number and percentage of unscreened emission warranty
claims and failures of a specific emission-related component projected
to occur during the engine family's or test group's useful life and a de-
scription of the method used to project this number.
(C) An estimated date when the failure of a specific emission-related
component will reach 4 percent or 50 (whichever is greater).
(D) If the failure of a specific emission-related component is found to
exist in less than 4 percent or 50 (whichever is greater), provide a brief
explanation why the vehicles with this specific component replacement
or repair are being repaired.
(k) The Executive Officer shall determine whether the valid failure
rate of a specific emission-related component has reached the level of a
systemic failure, based on the information provided pursuant to this sec-
Page 240.2(n)
Register 2007, No. 49; 12-7-2007
Title 13
Air Resources Board
§ 2172.1
tion. In making this determination, the Executive Officer need not con-
sider economic impacts, or, except as provided in section 2168 (f), emis-
sions impacts. The Executive Officer may a request that any information
submitted pursuant to this section be supplemented.
NOTE. Authority cited: Sections 39500, 39600, 39601, 43013, 43018, 43100,
43101, 43102, 43104, 43105, 43106, 43107 and 43806, Health and Safety Code;
and Section 28114. Vehicle Code. Reference: Sections 39002. 39003, 39500,
39667, 43000, 43009.5, 43013, 43017, 43018, 43100, 43101, 43101.5. 43102,
43104, 43105, 43106, 43107, 43202, 43204, 43205, 43205.5, 43206, 43210.
432 1 1 , 432 1 2, 432 1 3 and 43806, Health and Safety Code; and Section 28 1 1 4, Ve-
hicle Code.
HrSTORY
1. New section filed 12-5-2007; operative 1-4-2008 (Register 2007, No. 49).
§ 2169. Recall and Corrective Action for Failures of
Exhaust After-Treatment Devices.
(a) A manufacturer shall recall an engine family, test group or sub-
group of vehicles or engines to correct the systemic failure of an exhaust
after-treatment device, as defined in Section 2166. 1 when valid failures
for the exhaust after-treatment device meet or exceed four percent or 50
(whichever is greater) of the vehicles or engines within an engine family
or test group, as determined by the Executive Officer pursuant to Section
2168.
(b) At the sole discretion of the Executive Officer, the manufacturer
shall perform corrective action, including, but not limited to, providing
an extended warranty as defined in Section 2166.1, for the circumstances
specified in (a), either as an alternative to or supplement to the corrective
action specified in (a).
NOTE: Authority cited: Sections 39500, 39600, 39601, 43013, 43018, 43100,
43101, 43102, 43104, 43105. 43106, 43107 and 43806, Health and Safety Code;
and Section 28114, Vehicle Code. Reference: Sections 39002, 39003, 39500,
39667, 43000, 43009.5, 43013, 43017, 43018, 43100, 43101, 43101.5, 43102,
43104, 43105, 43106, 43107, 43202, 43204, 43205, 43205.5, 43206, 43210,
43211,43212,43213 and 43806, Health and Safety Code; and Section 28114, Ve-
hicle Code.
History
1. New section filed 12-5-2007; operative 1^-2008 (Register 2007, No. 49).
§ 21 70. Recall and Corrective Action for Other
Emission-Related Component Failures
(On-Board Diagnostic-Equipped Vehicles and
Engines).
(a) In the case of any vehicle or engine equipped with an ARB ap-
proved on-board diagnostic (OBD) system in accordance with Section
1968.1-1968.5 and 1971.1, the manufacturer shall perform corrective
action, including, but not limited to, providing an extended warranty as
defined in Section 2 1 66. 1 , to correct the systemic failure of emission con-
trol components other than exhaust after-treatment devices, when valid
failures for any emission control component in the engine family or test
group meet or exceed four percent or 50 (whichever is greater) of the ve-
hicles or engines within an engine family or test group, as determined by
the Executive Officer pursuant to Section 2168.
(b) At the sole discretion of the Executive Officer, the manufacturer
shall conduct a recall for the circumstances specified in (a), either as an
alternative to or supplement to the corrective action specified in (a).
(c) At the sole discretion of the Executive Officer, manufacturers that
warrant their vehicles, engines or components as defined in Title 13,
California Code of Regulations, Division 3, Chapter 1, Article 6 for the
full useful life period may not, be required to perform corrective action
on systemic failures of emission-control components (with the excep-
tion of exhaust after-treatment devices), found to meet or exceed four
percent or 50 (whichever is greater) of the vehicles or engines within an
engine family or test group.
NOTE: Authority cited: Sections 39500, 39600, 39601, 43013, 43018, 43100,
43101, 43102, 43104, 43105, 43106, 43107 and 43806, Health and Safety Code;
and Section 28114, Vehicle Code. Reference: Sections 39002, 39003, 39500,
39667, 43000, 43009.5, 43013, 43017, 43018, 43100, 43101, 43101.5, 43102,
43104, 43105, 43106, 43107, 43202. 43204, 43205, 43205.5, 43206, 43210,
4321 1, 43212, 4321 3 and 43806, Health and Safety Code; and Section 28114, Ve-
hicle Code.
History
1. New section filed 12-5-2007; operative 1-4-2008 (Register 2007, No. 49).
§ 21 71 . Recall and Corrective Action for Vehicles Without
On-Board Diagnostic Systems, Vehicles with
Non-Compliant On-Board Diagnostic
Systems, or Vehicles with On-Board Computer
Malfunction.
(a) If vehicles or engines not equipped with on-board diagnostic
(OBD) systems, or OBD-equipped vehicles or engines that do not detect
emission-control failures as required by title 13 CCR sections
1968.1-1968.5 and 1971.1, have systemic failures of emission-control
components (including exhaust after-treatment devices), found to meet
or exceed four percent or 50 (whichever is greater) valid failures within
an engine family or test group, the required corrective action will be the
recall of all affected vehicles or engines in the engine family or test group
as determined by the Executive Officer pursuant to Section 21 68. If ve-
hicles or engines have systemic failures of on-board computers, found
to meet or exceed four percent or 50 (whichever is greater) valid failures
within an engine family or test group the required corrective action will
also be the recall of all affected vehicles or engines, as determined by the
Executive Officer pursuant to Section 2168.
(b) At the sole discretion of the Executive Officer, the manufacturer
shall perform corrective action, including, but not limited to, providing
an extended warranty as defined in Section 2166.1, for the circumstances
specified in (a), either as an alternative to or supplement to the recall spe-
cified in (a).
(c) At the sole discretion of the Executive Officer, manufacturers that
warrant their vehicles, engines or components as defined in Title 13,
California Code of Regulations, Division 3, Chapter 1, Article 6 for the
full useful life period may not, be required to perform corrective action
on systemic failures of emission-control components (with the excep-
tion of exhaust after-treatment devices), found to meet or exceed four
percent or 50 (whichever is greater) of the vehicles or engines within an
engine family or test group.
NOTE: Authority cited: Sections 39500, 39600, 39601, 43013, 43018, 43100,
43101, 43102, 43104, 43105, 43106, 43107 and 43806, Health and Safety Code;
and Section 28114, Vehicle Code. Reference: Sections 39002, 39003, 39500,
39667, 43000, 43009.5, 43013, 43017, 43018, 43100, 43101, 43101.5, 43102,
43104, 43105, 43106, 43107, 43202, 43204, 43205, 43205.5, 43206, 43210,
4321 1 , 432 12, 4321 3 and 43806, Health and Safety Code; and Section 281 1 4, Ve-
hicle Code.
History
1. New section filed 12-5-2007; operative 1-4-2008 (Register 2007, No. 49).
§ 2172. Notification of Required Recall or Corrective
Action by the Executive Officer.
The Executive Officer shall notify the manufacturer when recall or
corrective action is required. The Executive Officer's notification shall
include a description of each class or category of vehicles or engines en-
compassed by the determination of nonconformity, shall set forth the fac-
tual basis for the determination and shall designate a date no earlier than
45 days from the date of receipt of such notification (no earlier than 90
days for recalls) by which the manufacturer shall submit a plan to remedy
the nonconformity unless the manufacturer can show good cause for the
Executive Officer to extend the deadline.
NOTE: Authority cited: Sections 39500, 39600, 39601, 43013, 43018, 43100,
43101, 43102, 43104, 43105, 43106, 43107 and 43806, Health and Safety Code;
and Section 28114, Vehicle Code. Reference: Sections 39002, 39003, 39500,
39667, 43000, 43009.5, 43013, 43017, 43018, 43100, 43101, 43101.5, 43102,
43104, 43105, 43106, 43107, 43202, 43204, 43205, 43205.5, 43206, 43210,
432 1 1 , 432 1 2, 432 1 3 and 43806, Health and Safety Code; and Section 28114, Ve-
hicle Code.
HrSTORY
1. New section filed 12-5-2007; operative 1-4-2008 (Register 2007, No. 49).
§ 21 72.1 . Ordered or Voluntary Corrective Action Plan.
(a) Unless a public hearing is requested by the manufacturer, the
manufacturer shall submit a recall or corrective action plan to the Chief,
Mobile Source Operations Division, 9480 Telstar Avenue, Suite 4, El
Monte, CA 91731, within the time limit specified in the notification is-
Page 240.2(o)
Register 2007, No. 49; 12-7-2007
§ 2172.2
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
sued pursuant to Section 2172. The Executive Officer may grant the
manufacturer an extension upon good cause shown.
(b) The recall or corrective action plan shall contain the following:
(1) A description ofeach class or category of vehicles or engines to be
recalled or subject to corrective action, including the engine family, test
group or sub-group thereof, the model-year, the make, the model, and
such other information as may be required to identify the vehicles or en-
gines to be recalled or subjected to corrective action.
(2) A description of the nonconformity and the specific modifications,
alterations, repairs, corrections, adjustments or other changes to be made
to bring the vehicles or engines into conformity with the requirements of
this article including a brief summary of the data and technical studies
which support the manufacturer's decision regarding the specific correc-
tions to be made. Nonconformities shall be addressed by replacing a non-
conforming component with an improved, conforming component.
(3) A description of the method by which the manufacturer will deter-
mine the names and addresses of vehicle or engine owners and the meth-
od by which they will be notified.
(4) A description of the procedure to be followed by vehicle or engine
owners to obtain correction of the nonconformity including the date on
or after which the owner can have the nonconformity remedied, the time
reasonably necessary to perform the labor required to correct the noncon-
formity, and the designation of facilities at which the nonconformity can
be remedied. The repair shall be completed within a reasonable time des-
ignated by the Executive Officer from the date the owner delivers the ve-
hicle or engine for repair. This requirement becomes applicable on the
date designated by the manufacturer as the date on or after which the
owner can have the nonconformity remedied.
(5) If some or all of the nonconforming vehicles or engines are to be
remedied by persons other than dealers or authorized warranty agents of
the manufacturer, a description of such class of persons and a statement
indicating that the participating members of the class will be properly
equipped to perform such remedial action.
(6) A copy of the letter of notification to be sent to vehicle or engine
owners.
(7) A description of the system by which the manufacturer will ensure
that an adequate supply of parts will be available to perform the repair
under the recall or corrective action plan including the date by which an
adequate supply of parts will be available to initiate the repair campaign,
and the method to be used to assure the supply remains both adequate and
responsive to owner demand.
(8) A copy of all necessary instructions to be sent to those persons who
are to perform the repair under the recall or corrective action plan.
(9) Any other information, reports, or data which the Executive Offi-
cer may reasonably determine to be necessary to evaluate the recall plan
or other corrective action.
NOTE: Authority cited: Sections 39500, 39600, 39601, 43013, 43018, 43100,
43101, 43102, 43104, 43105, 43106, 43107 and 43806, Health and Safety Code;
and Section 28114, Vehicle Code. Reference: Sections 39002, 39003, 39500,
39667, 43000. 43009.5, 43013, 43017, 43018, 43100, 43101, 43101.5, 43102.
43104, 43105, 43106, 43107, 43202, 43204, 43205, 43205.5, 43206, 43210,
4321 1, 43212, 43213 and 43806, Health and Safety Code; and Section 281 14, Ve-
hicle Code.
History
1. New section filed 12-5-2007; operative 1-4-2008 (Register 2007, No. 49).
§ 2172.2. Approval and Impiementation of Corrective
Action Plan.
If the Executive Officer finds that the recall or corrective action plan
is designed effectively to correct the nonconformity and complies with
the provisions of Section 2172.1, he or she will so notify the manufactur-
er in writing. Upon receipt of the approval notice from the Executive Of-
ficer, the manufacturer shall commence implementation of the approved
plan. Notification of vehicle or engine owners and the implementation of
repairs shall commence within 45 days of the receipt of notice unless the
manufacturer can show good cause for the Executive Officer to extend
the deadline.
NOTE: Authority cited: Sections 39500, 39600, 39601, 43013, 43018, 43100,
43101, 43102, 43104, 43105. 43106, 43107 and 43806, Health and Safety Code;
and Section 28114, Vehicle Code. Reference: Sections 39002, 39003, 39500.
39667, 43000, 43009.5, 43013, 43017, 43018. 43100, 43101, 43101.5. 43102,
43104, 43105, 43106, 43107, 43202, 43204, 43205, 43205.5, 43206, 43210,
4321 1 . 43212, 4321 3 and 43806, Health and Safety Code; and Section 281 14, Ve-
hicle Code.
History
l. New section filed 12-5-2007; operative 1-
-2008 (Register 2007, No. 49).
§ 2172.3. Notification of Owners.
(a) Manufacturers shall notify vehicle or engine owners of a recall or
other corrective action by first class mail or by such other means as ap-
proved by the Executive Officer. For good cause, the Executive Officer
may require the use of certified mail to ensure an effective notification.
(b) The manufacturer shall use all reasonable means necessary to lo-
cate vehicle or engine owners. For good cause, the Executive Officer may
require the manufacturer to use motor vehicle registration lists available
from State or commercial sources to obtain the names and addresses of
vehicle or engine owners to ensure effective notification.
(c) The Executive Officer may require subsequent notification by the
manufacturer to vehicle or engine owners by first class mail or other rea-
sonable means. For good cause, the Executive Officer may require the
use of certified mail to ensure effective notification.
(d) The notification of vehicle or engine owners shall contain the fol-
lowing:
( 1 ) The statement: "The California Air Resources Board has deter-
mined that your (vehicle or engine) has an emission control component
problem that requires corrective action".
(2) A statement that the nonconformity of any such vehicles or engines
will be remedied at the expense of the manufacturer.
(3) A statement that eligibility may not be denied solely on the basis
that the vehicle or engine owner used parts not manufactured by the origi-
nal equipment vehicle manufacturer, or had repairs performed by outlets
other than the vehicle or engine manufacturer's franchised dealers.
(4) A clear description of the components which will be affected by the
recall or other corrective action and a general statement of the measures
to be taken to correct the nonconformity.
(5) A statement that such nonconformity, if not repaired, may cause
the vehicle or engine to fail an emission inspection or Smog Check test
when such tests are required under State law.
(6) A description of the adverse effects, if any, that an uncorrected
nonconformity would have on the performance, fuel economy, or drive-
ability of the vehicle or engine or to the function of other engine compo-
nents.
(7) A description of the procedure which the vehicle or engine owner
should follow to obtain correction of the nonconformity including the
date on or after which the owner can have the nonconformity remedied,
the time reasonably necessary to correct the nonconformity, and a desig-
nation of the facilities at which the nonconformity can be remedied.
(8) A statement that a certificate showing that the vehicle or engine has
been repaired under the recall program shall be issued by the service faci-
lities and that such a certificate may be required as a condition of vehicle
registration or operation, as applicable.
(9) A card to be used by a vehicle or engine owner in the event the ve-
hicle or engine to be recalled has been sold. Such card should be ad-
dressed to the manufacturer, have postage paid, and shall provide a space
in which the owner may indicate the name and address of the person to
whom the vehicle or engine was sold.
(10) The statement: "In order to ensure your full protection under the
emission warranty made applicable to your (vehicle or engine) by State
or Federal law, and your right to participate in future recalls, it is recom-
mended that you have your (vehicle or engine) serviced as soon as pos-
sible. Failure to do so could be determined to be a lack of proper mainte-
nance of your (vehicle or engine)."
(11) A telephone number provided by the manufacturer, which may
be used to report difficulty in obtaining recall repairs.
Page 240.2(p)
Register 2007, No. 49; 12-7-2007
Title 13
Air Resources Board
§ 2172.8
(e) The manufacturer shall not condition eligibility for repair on the
proper maintenance or use of the vehicle or engine except for strong or
compelling reasons and with approval of the Executive Officer; howev-
er, the manufacturer shall not be obligated to repair a component which
has been removed or altered so that the recall action cannot be performed
without additional cost.
(0 No notice sent pursuant to Section 2172.1(b)(8), above, nor any
other communication sent to vehicle or engine owners or dealers shall
contain any statement, express or implied, that the nonconformity does
not exist or will not degrade air quality.
(g) The manufacturer shall be informed of any other requirements per-
taining to the notification under this section which the Executive Officer
has determined are reasonable and necessary to ensure the effectiveness
of the recall campaign.
NOTE: Authority cited: Sections 39500, 39600, 39601, 43013, 43018, 43100,
43101, 43102, 43104, 43105, 43106, 43107 and 43806, Health and Safety Code;
and Section 28114, Vehicle Code. Reference: Sections 39002, 39003, 39500,
39667, 43000, 43009.5. 43013, 43017, 43018, 43100, 43101, 43101.5, 43102,
43104, 43105, 43106, 43107, 43202, 43204, 43205, 43205.5, 43206, 43210,
4321 1 , 43212, 43213 and 43806, Health and Safety Code; and Section 281 14, Ve-
hicle Code.
History
1. New section filed 12-5-2007; operative 1—4-2008 (Register 2007, No. 49).
§2172.4. Repair Label.
(a) The manufacturer shall require those who perform the repair under
the recall plan to affix a label to each vehicle or engine repaired or, when
required, inspected under the recall plan.
(b) The label shall be placed in a location as approved by the Executive
Officer and shall be fabricated of a material suitable for such location and
which is not readily removable.
(c) The label shall contain the recall campaign number and a code des-
ignating the facility at which the repair, inspection for repair, was per-
formed.
NOTE: Authority cited: Sections 39500, 39600, 39601, 43013, 43018, 43100,
43101, 43102, 43104, 43105, 43106, 43107 and 43806, Health and Safety Code;
and Section 28114, Vehicle Code. Reference: Sections 39002. 39003, 39500,
39667, 43000, 43009.5, 43013. 43017, 43018, 43100, 43101. 43101.5, 43102,
43104, 43105, 43106, 43107, 43202, 43204, 43205, 43205.5, 43206, 43210,
4321 1, 43212, 4321 3 and 43806, Health and Safety Code; and Section 281 14, Ve-
hicle Code.
History
1. New section filed 12-5-2007; operative 1-4-2008 (Register 2007, No. 49).
§ 21 72.5. Proof of Correction Certificate.
The manufacturer shall require those who perform the recall repair to
provide the owner of each vehicle or engine repaired with a certificate,
through a protocol and in a format prescribed by the Executive Officer,
which indicates that the noncomplying vehicle or engine has been cor-
rected under the recall program.
NOTE: Authority cited: Sections 39500, 39600, 39601, 43013, 43018, 43100,
43101, 43102, 43104, 43105, 43106, 43107and 43806, Health and Safety Code;
and Section 28114, Vehicle Code. Reference: Sections 39002, 39003, 39500,
39667, 43000, 43009.5, 43013, 43017, 43018, 43100, 43101, 43101.5, 43102,
43104, 43105, 43106, 43107, 43202, 43204, 43205, 43205.5, 43206, 43210,
432 1 1 , 43212, 432 1 3 and 43806, Health and Safety Code; and Section 28114, Ve-
hicle Code.
History
1. New section filed 12-5-2007; operative 1-4-2008 (Register 2007, No. 49).
§ 21 72.6. Preliminary Tests.
The Executive Officer may require the manufacturer to conduct tests
on components and vehicles or engines incorporating a proposed correc-
tion, repair, or modification reasonably designed and necessary to dem-
onstrate the effectiveness of the correction, repair, or modification.
NOTE: Authority cited: Sections 39500, 39600, 39601, 43013, 43018, 43100,
43101, 43102, 43104, 43105, 43106, 43107 and 43806, Health and Safety Code;
and Section 28114, Vehicle Code. Reference: Sections 39002, 39003, 39500,
39667, 43000, 43009.5, 43013, 43017, 43018, 43100, 43101, 43101.5, 43102,
43104, 43105, 43106, 43107, 43202, 43204, 43205, 43205.5, 43206, 43210,
432 11 , 432 1 2, 43213 and 43806, Health and Safety Code; and Section 28114, Ve-
hicle Code.
History
1. New section filed 12-5-2007; operative 1-4-2008 (Register 2007, No. 49).
§ 2172.7. Communication with Repair Personnel.
The manufacturer shall provide to the Executive Officer a copy of all
communications which relate to the recall plan directed to dealers and
other persons who are to perform the repair. Such copies shall be mailed
to the Executive Officer contemporaneously with their transmission to
dealers and other persons who are to perform the repair under the recall
plan.
NOTE: Authority cited: Sections 39500, 39600, 39601, 43013, 43018, 43100,
43101, 43102, 43104, 43105, 43106, 43107 and 43806, Health and Safety Code:
and Section 28114, Vehicle Code. Reference: Sections 39002, 39003, 39500,
39667, 43000, 43009.5, 43013, 43017, 43018, 43100, 43101, 43101.5, 43102,
43104, 43105, 43106, 43107, 43202, 43204, 43205, 43205.5, 43206, 43210,
4321 1, 43212, 4321 3 and 43806, Health and Safety Code; and Section 281 14, Ve-
hicle Code.
History
1 . New section filed 12-5-2007; operative 1-4-2008 (Register 2007, No. 49).
§ 2172.8. Recordkeeping and Reporting Requirements.
(a) The manufacturer shall maintain sufficient records to enable the
Executive Officer to conduct an analysis of the adequacy of the recall or
corrective action campaign. The records shall include, for each class or
category of vehicle or engine, but need not be limited to, the following:
(1) Engine family involved and recall or corrective action campaign
number as designated by the manufacturer.
(2) Date owner notification was begun, and date completed.
(3) Number of vehicles or engines involved in the recall or corrective
action campaign.
(4) Number of vehicles or engines known or estimated to be affected
by the nonconformity.
(5) Number of vehicles or engines inspected pursuant to the recall plan
and found to be affected by the nonconformity.
(6) Number of inspected vehicles or engines.
(7) Number of vehicles or engines receiving repair under the recall
plan.
(8) Number of vehicles or engines determined to be unavailable for in-
spection or repair under the recall plan due to exportation, theft, scrap-
ping, or for other reasons (specify).
(9) Number of vehicles or engines determined to be ineligible for re-
call action due to removed or altered components.
(10) A listing of the identification numbers of vehicles or engines sub-
ject to recall but for whose repair the manufacturer has not been invoiced.
This listing shall be supplied in a standardized computer data storage for-
mat to be specified by the Executive Officer. The frequency of this sub-
mittal, as specified in subsection (c) below, may be changed by the
Executive Officer depending on the needs of recall enforcement.
(11) Any service bulletins transmitted to dealers which relate to the
nonconformity and which have not previously been submitted.
(12) All communications transmitted to vehicle or engine owners
which relate to the nonconformity and which have not previously been
submitted.
(b) If the manufacturer determines that the original responses to sub-
sections (a)(3) and (4) of these procedures are incorrect, revised figures
and an explanatory note shall be submitted. Responses to subsections
(a)(5), (6), (7), (8), and (9) shall be cumulative totals.
(c) Unless otherwise directed by the Executive Officer, the informa-
tion specified in subsection (a) of these procedures shall be included in
six quarterly reports, beginning with the quarter in which the notification
of owners was initiated, or until all nonconforming vehicles or engines
involved in the campaign have been remedied, whichever occurs sooner.
Such reports shall be submitted no later than 25 days after the close of
each calendar quarter.
(d) The manufacturer shall maintain in a form suitable for inspection,
such as computer information storage devices or card files, and shall
make available to the Executive Officer or his or her authorized represen-
tative upon request, lists of the names and addresses of vehicle or engine
owners:
Page 240.2 (q)
Register 2007, No. 49; 12-7-2007
§ 2172.9
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(1) To whom notification was given;
(2) Who received remedial repair or inspection under the recall plan;
and
(3) Who were denied eligibility for repair due to removed or altered
components.
(e) The records and reports required by these procedures shall be re-
tained for not less than one year beyond the useful life of the vehicles or
engines involved, or one year beyond the reporting time frame specified
in subsection (c) above, whichever is later.
NOTE: Authority cited: Sections 39500, 39600, 39601, 43013, 43018, 43100,
43101, 43102, 43104, 43105, 43106, 43107 and 43806, Health and Safely Code;
and Section 28114, Vehicle Code. Reference: Sections 39002, 39003, 39500,
39667, 43000, 43009.5, 43013, 43017, 43018, 43100, 43101, 43101.5, 43102,
43104, 43105, 43106. 43107, 43202, 43204, 43205, 43205.5. 43206, 43210,
4321 1, 43212,43213 and 43806, Health and Safety Code; and Section 281 14, Ve-
hicle Code.
History
1. New section filed 12-5-2007; operative 1-4-2008 (Register 2007, No. 49).
§ 21 72.9. Extension of Time.
The Executive Officer may extend any deadline in the plan if he or she
finds in writing that a manufacturer has shown good cause for such exten-
sion.
NOTE: Authority cited: Sections 39500, 39600, 39601, 43013, 43018, 43100,
43101. 43102, 43104, 43105, 43106. 43107 and 43806, Health and Safety Code;
and Section 28114, Vehicle Code. Reference: Sections 39002, 39003, 39500,
39667, 43000, 43009.5, 43013, 43017. 43018, 43100, 43101, 43101.5, 43102,
43104, 43105, 43106, 43107, 43202, 43204, 43205, 43205.5, 43206, 43210,
432 1 1 , 432 1 2, 432 1 3 and 43806, Health and Safety Code; and Section 28114, Ve-
hicle Code.
History
1. New section filed 12-5-2007; operative 1^-2008 (Register 2007, No. 49).
§2173. Penalties.
Failure by a manufacturer to carry out all recall or corrective action
campaigns ordered by the Executive Officer pursuant to this article shall
constitute a violation of this article and Health and Safety Code Section
43 105. Civil penalties may be assessed for that violation and for any other
violation of any other requirement of this article.
NOTE: Authority cited: Sections 39500, 39600, 39601, 43013, 43018, 43100,
43101, 43102, 43104, 43105, 43106, 43107 and 43806, Health and Safety Code:
and Section 28114, Vehicle Code. Reference: Sections 39002, 39003, 39500,
39667, 43000, 43009.5, 43013, 43017, 43018, 43100, 43101, 43101.5, 43102,
43104, 43105, 43106, 43107, 43202, 43204, 43205, 43205.5, 43206, 43210,
4321 1, 43212,4321 3 and 43806, Health and Safety Code; and Section 281 14, Ve-
hicle Code.
History
1. New section filed 12-5-2007; operative 1-4-2008 (Register 2007, No. 49).
§ 21 74. Availability of Public Hearing.
(a) The manufacturer may request a public hearing pursuant to the pro-
cedures set forth in Sections 60040 to 60053, Title 17, California Code
of Regulations to contest the finding of nonconformity pursuant to this
Article and the necessity for or the scope of any ordered recall, or other
ordered corrective action. Notwithstanding any other provision of law,
including title 13 or title 17 of California Code of Regulations, the record
in any public hearing conducted pursuant a request made under this sec-
tion shall be limited to: (i) the information provided to the Executive Offi-
cer under sections 2167-2168 and the Executive Officer's response
thereto prior to the date the Executive Officer's notification is issued pur-
suant to section 2 1 72, (ii) the Executive Officer's notification issued pur-
suant to section 2172, and (iii) new relevant evidence that could not. with
reasonable diligence have been discovered and included in the informa-
tion provided to the Executive Officer under sections 2 1 67-21 68 for the
Executive Officer's notification issued pursuant to section 2172. At the
hearing evidence of economic impact and evidence of emissions impact,
except as provided in Section 2168(f), is irrelevant.
(b) If a manufacturer requests a public hearing pursuant to subsection
(a) above, and if the Executive Officer's determination of nonconformity
is confirmed at the hearing, the manufacturer shall submit a recall or cor-
rective action plan identical to the one required by Section 2172.1 within
the time periods specified in the Executive Officer's notification under
section 2172 from receipt of the Board's decision.
NOTE: Authority cited: Sections 39500, 39600, 39601, 43013, 43018, 43100,
43101, 43102. 43104, 43105, 43106, 43107 and 43806, Health and Safety Code;
and Section 28114, Vehicle Code. Reference: Sections 39002, 39003, 39500,
39667, 43000, 43009.5. 43013, 43017, 43018, 43100, 43101, 43101.5. 43102,
43104, 43105, 43106, 43107, 43202, 43204, 43205, 43205.5, 43206. 43210,
432 1 1 , 432 1 2, 432 1 3 and 43806, Health and Safety Code; and Section 28 1 1 4, Ve-
hicle Code.
History
1. New section filed 12-5-2007; operative 1-4-2008 (Register 2007, No. 49).
Chapter 3. Highway and Mandatory
Inspection Emission Standards
Article 1. General Provisions
§ 2175. Highway Exhaust Emissions — Light-Duty
Vehicles.
(a) The state board finds the standards for exhaust emissions set forth
in Table 1 to be the maximum allowable emissions of pollutants from
light-duty (6,000 pounds or less gross vehicle weight) and medium-duty
(8,500 pounds or less gross vehicle weight) gasoline-powered vehicles
when inspected at California Highway Patrol roadside inspection lanes.
(b) The inspection shall consist of exhaust emission measurements
from the vehicle with the air injection system (if any) connected. Hydro-
carbon and carbon monoxide concentrations shall be determined by non-
dispersive infrared instrumentation.
The idle mode test shall be performed with the transmission set in neu-
tral gear with the engine at its normal operating temperature.
Page 240.2(r)
Register 2007, No. 49; 12-7-2007
Title 13
Air Resources Board
§2176
•
Table 1
Highway Inspection Standards
Category
Number
Emission
Model
Year
Control
No. of
System
Cylinder
5 or more
with air injection
5 or more
without air injection
5 or more
with air injection
5 or more
without air injection
5 or more
with air injection
5 or more
without air injection
5 or more
4 or less
with air injection
4 or less
without air injection
4 or less
with air injection
4 or less
without air injection
4 or less
with air injection
4 or less
without air injection
4 or less
no catalyst
ALL
catalyst without air injection
ALL
catalyst with air injection
ALL
three-way catalyst
ALL
Idle Standards*
HC CO
PPM %
1
1955-1965
2
1966-1970
3
1966-1970
4
1971-1972
5
1971-1972
6
1973-1974
7
1973-1974
8
1955-1967
9
1968-1970
10
1968-1970
11
1971-1972
12
1971-1972
13
1973-1974
14
1973-1974
15
1975+
16
1975+
17
1975+
18
1975+
800
8.50
450
5.00
550
7.00
300
4.00
450
6.50
200
3.50
450
6.50
1200
8.00
400
5.50
900
7.50
400
5.50
400
6.50
300
4.50
350
6.50
150
3.00
200
4.00
100
1.00
80
1.00
feHC (ppm) is defined as hydrocarbons in parts per millions of hexane by volume and CO (%) is defined as carbon monoxide in percent by volume.
NOTE: Authority cited: Sections 39600, 39601 and 43101, Health and Safety
Code; and Sections 27157 and 27157.5, Vehicle Code. Reference: Sections
39002, 39003, 39500, 43000 and 43101, Health and Safety Code; and Sections
27157 and 27157.5, Vehicle Code.
History
1 . Amendment of NOTE filed 3-16-77; effective thirtieth day thereafter (Register
77, No. 12). For prior history, see Register 75, No. 21 .
2. Amendment filed 1 1-30-83; effective thirtieth day thereafter (Register 83, No.
49)
§ 21 75.5. Exemption of Vehicles.
In cases of conflict with manufacturer's specifications, the executive
officer may by Executive Order exempt certain vehicles from a standard
set forth in Section 2175 above or set appropriate separate standards. A
list of such vehicle(s) or class(es) of vehicles shall be distributed to the
California Highway Patrol and the Bureau of Automotive Repair.
NOTE: Authority cited: Sections 39600, 39601 and 43101, Health and Safety
Code; and Sections 27157 and 27157.5, Vehicle Code. Reference: Sections
39002, 39003, 39500, 43000 and 43101, Health and Safety Code; and Sections
27157 and 27157.5, Vehicle Code.
History
1. New section filed 3-4-75; effective thirtieth day thereafter (Register 75, No.
10).
2. Amendment of NOTE filed 3-1 6-77; effective thirtieth day thereafter (Register
77, No. 12).
3. Amendment filed 1 1-30-83; effective thirtieth day thereafter (Register 83, No.
49).
§ 2176. Mandatory Inspection Exhaust
Emissions — Light-Duty and Medium-Duty
Vehicles.
(a) Pursuant to Section 43010, Chapter 1, Part 5, Division 26 of the
Health and Safety Code, exhaust emissions from light-duty (6,000
pounds or less gross vehicle weight) and medium-duty (8,500 pounds or
less gross vehicle weight) gasoline-powered vehicles subject to inspec-
tion pursuant to Chapter 20.4 (commencing with Section 9889.50) of Di-
vision 3 of the Business and Professions Code shall not exceed the stan-
dards set forth in this section by vehicle class as shown in Table 1 .
(b) The inspection shall consist of exhaust emission measurements
from the vehicle with the air injection system (if any) connected. Hydro-
carbon, carbon monoxide, and oxides of nitrogen concentrations shall be
determined by non-dispersive infrared instrumentation.
The cruise mode test shall be performed first on a chassis dynamome-
ter at the speeds and loads shown in the following table:
Number of
Vehicle Shipping
Speed
Loading
Loading Class
Cylinders
Weight
(mph)
(Hp)
1
4 or less
—
4 ±1
10± 1
2
5 or 6
—
40±1
15+ 1.5
3
7 or more
less than 3,250 lbs.
40 ±1
17.5 + 1.5
4
7 or more
3,250 lbs. or more
40+1
20 ±1.5
A vehicle which cannot reach the speed and load specified in the table
above, or which by its original design cannot be tested at cruise on an in-
spection center dynamometer, may be exempted from the cruise mode of
the test. Vehicles owned by licensed fleet operators may be exempted
from cruise mode test, provided an underhood functional inspection is
performed on these vehicles, in addition to idle mode test. An idle mode
test may be performed on vehicles at one lane inspection centers wherev-
er dynamometers are inoperative.
The idle mode test shall be performed with the transmission set in neu-
tral gear with the engine at its normal operating temperature. The cruise
mode test shall be performed with automatic transmission in drive and
with manual transmission set in high gear but overdrive will be disen-
gaged.
(c) In the event of a conflict between the emission standards set forth
in subdivision (a) and a manufacturer's specifications for a particular en-
gine family or group of vehicles (defined by make, model year, and emis-
sion control system), as demonstrated by an excessive failure rate, by val-
id assembly-line data of the vehicle manufacturer, or by other data
available to the executive officer, the executive officer may by Executive
Order exempt such engine families or groups of vehicles from the stan-
dards set forth in subdivision (a) and set appropriate separate emission
standards.
•
Page 240.2(s)
Register 2007, No. 49; 12-7-2007
§2177
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
Table 1
Two Mode MVIP Standards
Emission
Idle Standards*
40 MPH Cruise Standards'*
Category
Model.
Control
No. of
HC
CO
HC
CO
NOx**
Number
Year
System
Cylinders
PPM
%
PPM
%
PPM
1
1955-1965
5 or more
800
8.50
400
6.50
NOSTD
2
1966-1970
with air injection
5 or more
450
5.00
350
4.00
2400
3
1966-1970
without air injection
5 or more
550
7.00
350
4.50
3000
4
1971-1972
with air injection
5 or more
300
4.00
200
2.00
2200
5
1971-1972
without air injection
5 or more
450
6.50
250
3.00
3200
6
1973-1974
with air injection
5 or more
200
3.50
150
2.00
1700
7
1973-1974
without air injection
5 or more
400
6.50
250
2.50
2600
8
1955-1967
4 or less
1200
8.00
400
6.50
NOSTD
9
1968-1970
with air injection
4 or less
400
5.50
300
4.50
3200
10
1968-1970
without air injection
4 or less
900
7.50
300
6.00
3000
11
1971-1972
with air injection
4 or less
400
5.50
300
4.00
3000
12
1971-1972
without air injection
4 or less
400
6.50
300
5.00
3400
13
1973-1974
with air injection
4 or less
300
4.50
250
4.00
1700
14
1973-1974
without air injection
4 or less
350
6.50
250
4.00
2600
15
1975 +
no catalyst
ALL
150
3.00
150
1.50
2100
16
1975 +
catalyst without
air injection
ALL
200
4.00
150
1.50
2200
17
1975 +
catalyst with
air injection
ALL
100
1.00
100
1.00
1500
18
1975 +
three-way catalyst
ALL
80
1.00
80
1.00
1000
*HC (ppm) is defined as
hydrocarbons in parts per million of hexane by volume, CO (%) is defined as
carbon monoxide in percent by volume,
and NOx (ppm)
is defined as oxides of
nitrogen in parts per
million in nitric oxide by volume.
•
NOTE: Authority cited: Sections 39600, 39601 and 43010, Health and Safety
Code; and Sections 9889.50 and 9889.51, Business and Professions Code. Refer-
ence: Sections 39002, 39003, 39500, 43000, 43013 and 43600, Health and Safety
Code; and Section 9889.50, Business and Professions Code.
History
1. New section filed 9-18-74; effective thirtieth day thereafter (Register 74, No.
38).
2. Amendment filed 3-4-75; effective thirtieth day thereafter (Register 75, No.
10).
3. Amendment filed 3-16-79 as an emergency; designated effective 3-16-79.
Certificate of Compliance included (Register 79, No. 1 1).
4. Amendment of typographical error in subsection (a) of 3- 16-79 emergency or-
der; filed 4-1 1-79 as procedural and organizational; effective upon filing (Reg-
ister 79, No. 15).
5. Editorial correction of History Note 4 (Register 79, No. 18).
6. Amendment of subsection (c) filed 9-20-79 as an emergency; effective upon
filing (Register 79, No. 38). Certificate of Compliance included.
7. Amendment filed 5-8-80; designated effective 7-1-80 (Register 80, No. 19).
8. Repealer and new section filed 6-19-81 ; effective thirtieth day thereafter (Reg-
ister 81, No. 25).
9. Editorial correction of subsection (b) (Register 81, No. 31).
10. Editorial correction of Table 1 (Register 82, No. 4).
1 1 . Amendment 1 1 -30-83 ; effective thirtieth day thereafter (Register 83, No. 49).
§ 2177. Guidelines for Issuance of Certificate of
Compliance.
For participants in the Methanol Fuel Experimental Program, the
emission control systems listed below, as originally installed on the ve-
hicle, are to be inspected annually. The original equipment systems shall
be functioning properly in order to obtain a valid Certificate of Com-
pliance. In addition, each vehicle's ignition system shall be inspected and
exhaust carbon monoxide emissions shall be measured. No vehicle
which has an ignition misfire or carbon monoxide emissions in excess of
the idle emission standards contained in Section 21 76 shall receive a Cer-
tificate of Compliance.
1. Exhaust Gas Recirculation (EGR) System
a. EGR valve and control components, and carburetor spacer if appli-
cable.
2. Air Injection System
a. Air Pump.
b. Valves affecting distribution of flow.
c. Distribution manifold including connection to exhaust manifold.
3. Catalyst or Thermal Reactor System
a. Catalytic converter and associated mounting hardware.
b. Thermal reactor and lined or coated exhaust manifolds.
c. Exhaust port liner and/or double walled exhaust pipe.
4. Evaporative Emission Control System
a. Vapor storage canister.
b. Vapor-liquid separator.
c. Canister Purge system.
5. Positive Crankcase Ventilation (PCV) System
a. PCV valve.
b. Oil filler cap.
6. Miscellaneous Items Used in Above Systems
a. Vacuum and time sensitive valves and switches.
b. Electronic controls including computer or microprocessor and all
input sensors including the exhaust gas oxygen sensor.
NOTE: Authority cited: Sections 39515, 39600 and 39601, Health and Safety
Code; and Sections 27157 and 27157.5, Vehicle Code. Reference: Sections
39003, 39500, 43000, 43004, 43006, 43009 and 43013, Health and Safety Code;
and Sections 5115, 5117, 27157 and 27157.5, Vehicle Code.
History
1. New section filed 6-2-83; effective thirtieth day thereafter (Register 83, No.
23).
•
Chapter 3.5. Heavy-Duty Diesel Smoke
Emission Testing, and Heavy-Duty Vehicle
Emission Control System Inspections
§2180. Applicability.
Unless otherwise noted, this chapter applies to all diesel-powered and
gasoline-powered heavy-duty vehicles, including pre- 1974 model-
year vehicles, operating in the State of California.
NOTE: Authority cited: Sections 39600, 39601 , 4301 3, 43701 and 4401 1 .6, Health
and Safety Code. Reference: Sections 39002, 39003, 39010, 39033, 43000, 43013,
43018, 43701 and 44011.6, Health and Safety Code; and Section 505, Vehicle
Code.
•
Page 240.2(t)
Register 2007, No. 49; 12-7-2007
Title 13
Air Resources Board
§ 2180.1
History
1. New section filed 10-21-91; operative 11-20-91 (Register 92, No. 9).
2. Redesignation and amendment of subchapter 3.5 to chapter 3.5 and amendment
of section filed 5-4-98; operative 5-4-98 pursuant to Government Code sec-
tion 11343.4(d) (Register 98, No. 19).
3. Amendment of section and Note filed 1-16-2007; operative 2-15-2007 (Reg-
ister 2007, No. 3).
§2180.1. Definitions.
(a) The definitions of this section supplement and are governed by the
definitions set forth in Chapter 2 (commencing with section 3901 0), Part
I, Division 26 of the Health and Safety Code. The following definitions
shall govern the provisions of this chapter.
(1) "Authorized dealer" means a group of independent service and re-
pair facilities that are recognized by the motor vehicle or engine
manufacturer as being capable of performing repairs to factory specifica-
tions; including warranty repair work.
(2) "ARB post-repair inspection" means a repeat emission control
system inspection, conducted by the Air Resources Board at an Air Re-
sources Board-specified site, for the purpose of clearing a Citation issued
under section 2185(a)(1)(C).
(3) "ARB post-repair test" means a repeat test, conducted by the Air
Resources Board at an Air Resources Board-specified site, for the pur-
pose of clearing a Citation issued under section 2185(a)(1)(C).
(4) "Basic penalty" means the civil penalty of ($500) for a test proce-
dure or emission control system inspection violation that is to be depos-
ited in the Vehicle Inspection and Repair Fund.
(5) "Citation" means a legal notice issued by the Air Resources Board
to the owner of a heavy-duty vehicle requiring the owner to repair the
vehicle and to pay a civil penalty.
(6) "Day" means calendar day.
(7) "Defective" means a condition in which an emission control sys-
tem or an emission control system component is malfunctioning due to
age, wear, malmaintenance, or design defects.
(8) "Demonstration of correction" means the documents identified in
section 2186.
(9) "Driver" has the same meaning as defined in California Vehicle
Code section 305.
(10) "Emission control label" or "ECL" means the label required by
the "California Motor Vehicle Emission Control Label Specifications",
incorporated by reference in 13 CCR, section 1965, or Title 40, Code of
Federal Regulations (CFR), Part 86, Subpart A.
(11) "Emission control system" means the pollution control compo-
nents on an engine at the time its engine family is certified, including, but
not limited to, the emission control label.
(12) "Executive Officer" means the Executive Officer of the Air Re-
sources Board or his or her designee.
(13) "Federal emission standards" means the emission standards
adopted by the U.S. Environmental Protection Agency, pursuant to Title
42 United States Code, section 7521(a), that are required to be met for the
certification of heavy-duty vehicles or engines.
(14) "Fleet" means two (2) or more heavy-duty vehicles.
(15) "Heavy-duty commercial vehicle" means a "motor truck" de-
signed, used, or maintained primarily for the transportation of property,
as defined in section 410 of the Vehicle Code, and having agross vehicle
weight rating (GVWR) greater than 10,000 pounds.
(16) "Heavy-duty vehicle" means a motor vehicle having a manufac-
turer's maximum gross vehicle weight rating (GVWR) greater than
6,000 pounds, except passenger cars.
(17) "Inspection procedure" means the test procedure specified in sec-
tion 2182 and the emission control system inspection specified in section
2183.
(18) "Inspection site" means an area including a random roadside lo-
cation, a weigh station, or a fleet facility used for conducting the heavy-
duty vehicle test procedure, emission control system inspection, or both.
(19) "Inspector" means an Air Resources Board employee with the
duty of enforcing Health and Safety Code sections 43701 (a) and 4401 1 .6
and title 13, CCR sections 2180 through 2194.
(20) "Issuance" means the act of mailing or personally delivering a
Citation to the owner.
(2 1 ) "Minimum penalty" means the ($300) penalty that is to be depos-
ited in the Diesel Emission Reduction Fund pursuant to Health and Safety
Code section 44011.6(/).
(22) "Notice of Violation" means a legal notice issued to the owner of
a heavy-duty vehicle powered by a pre-1991 model-year diesel engine
with a measured smoke opacity exceeding 55 percent but not exceeding
69 percent, requiring the owner to repair the vehicle and submit a demon-
stration of correction.
(23) "Officer" means a uniformed member of the Department of the
California Highway Patrol.
(24) "Opacity" means the percentage of light obstructed from passage
through an exhaust smoke plume.
(25) "Owner" means either (A) the person registered as the owner of
a vehicle by the California Department of Motor Vehicles (DMV), or its
equivalent in another state, province, or country; or (B) a person shown
by the registered owner to be legally responsible for the vehicle' s mainte-
nance. The person identified as the owner on the registration document
carried on the vehicle at the time a Citation is issued shall be deemed the
owner unless that person demonstrates that another person is the owner
of the vehicle.
(26) "Removal from service" means the towing and storage of a ve-
hicle under the auspices of the Department of the California Highway Pa-
trol.
(27) "Repair facility" means any place where heavy-duty vehicles are
repaired, rebuilt, reconditioned, or in any way maintained for the public
at a charge, and fleet maintenance facilities.
(28) "SAE J1667" means Society of Automotive Engineers (SAE)
Recommended Practice SAE J1667 "Snap-Acceleration Smoke Test
Procedure for Heavy-Duty Diesel Powered Vehicles," as issued Febru-
ary 1996 ("1996-02"), which is incorporated herein by reference.
(29) "Schoolbus" means the same as defined in California Vehicle
Code section 545.
(30) "Smokemeter" means a detection device used to measure the
opacity of smoke in percent opacity.
(31) "Tampered" means missing, modified, or disconnected, or, as it
applies to emission control labels, permanently obscured.
(32) "Test procedures," for the purpose of chapter 3.5, means the test
procedures set forth in SAE J 1667.
(33) "Uncleared Citation" means a Citation for which demonstration
of correction and, if required, payment of any civil penalty, has not been
made.
NOTE: Authority cited: Sections 39600, 39601 , 4301 3, 43701 and 4401 1 .6, Health
and Safety Code. Reference: Sections 39002, 39003, 39010, 39033, 43000, 43013,
43018, 43701 and 44011.6, Health and Safety Code; Sections 410 and 505, Ve-
hicle Code; title 42 United States Code, section 7521(a); and title 40, Code of Fed-
eral Regulations Part 86, Subpart A.
History
1 . New section filed 10-21-91 ; operative 1 1-20-91 (Register 92, No. 9).
2. Amendment of subsection (a)(29) filed 12-1-93; operative 1-1-95 (Register
93, No. 49).
3. Amendment filed 5^4—98; operative 5^4—98 pursuant to Government Code sec-
tion 11343.4(d) (Register 98, No. 19).
4. Amendment of subsections (a)(l)-(2) and (a)(6), new subsection (a)(25), sub-
section renumbering and amendment of Note filed 3-21-2005; operative
3-21-2005 pursuant to Government Code section 1 1 343.4 (Register 2005, No.
12).
5. New subsections (a)(1), (a)(6), (a)(13), (a)(15) and (a)(33), subsection renum-
bering, amendment of newly designated subsections (a)(10) and (a)(32) and
amendment of Note filed 1-16-2007; operative 2-15-2007 (Register 2007,
No. 3).
6. Change without regulatory effect amending subsections (a)(2)-(3), repealing
subsection (a)(29) and renumbering subsections filed 5-23-2007 pursuant to
section 100, title 1, California Code of Regulations (Register 2007, No. 21).
Page 240.2(u)
Register 2007, No. 49; 12-7-2007
§2181
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
§2181. Responsibilities of the Driver and Inspector During
the Inspection Procedure.
(a) Driver of heavy-duty diesel-powered vehicle. The driver of a
heavy-duty diesel-powered vehicle selected to undergo the inspection
procedure shall do all of the following:
(1) Drive the vehicle to the inspection site upon direction of an officer.
(2) Show proof of driver's license and vehicle registration to the in-
spector or officer upon request.
(3) Perform the test procedure upon request by an inspector.
(4) Open the vehicle door so that the inspector can observe the driver
depress the accelerator pedal.
(5) Permit an emission control system inspection and open the hood
of the vehicle upon the request of the inspector.
(6) As applicable, sign the Citation or Notice of Violation to acknowl-
edge its receipt and sign the smoke test report to acknowledge perform-
ance of the test procedure.
(b) Driver of heavy-duty gasoline-powered vehicle. The driver of a
heavy-duty gasoline-powered vehicle selected to undergo the inspec-
tion shall do all of the following:
( 1 ) Drive the vehicle to the inspection site upon direction of an officer.
(2) Show proof of driver's license and vehicle registration to the in-
spector or officer upon request.
(3) Permit an emission control system inspection and open the hood
of the vehicle upon request of the inspector.
(4) As applicable, sign the Citation or Notice of Violation to acknowl-
edge its receipt.
(c) Inspector. The inspector in performing the inspection procedures
shall do all of the following:
(1) Advise the driver that refusal to submit to the inspection procedure
is a violation of these regulations.
(2) Obtain engine identification information from the vehicle when
tested pursuant to section 2182 to determine which opacity standard spe-
cified in section 2182 applies.
(3) Except as otherwise provided in section 2181(c)(4), issue a Cita-
tion to the driver of a vehicle that fails the test procedure or the emission
control system inspection.
(4) Issue a Notice of Violation to the driver of a vehicle powered by
a pre-1991 model-year diesel engine with a measured smoke opacity ex-
ceeding 55 percent but not exceeding 69 percent, except where a Notice
of Violation or Citation has been issued for the vehicle in the preceding
12 months.
(5) Issue a warning to the owner of a heavy-duty diesel-powered ve-
hicle missing its emission control label that the label must be replaced
and the engine number identification must be provided to the ARB within
45 days of written notification or receipt of a Citation under section 2183
from the ARB, or it will be conclusively presumed in any subsequent
smoke opacity test where the emission control label remains missing that
the vehicle is subject to the 40 percent smoke opacity standard in section
2182(a)(1), unless at the time of the subsequent test it is plainly evident
from a visual inspection that the vehicle is powered by a pre-1991 mo-
del-year engine.
NOTE: Authority cited: Sections 39600, 39601 , 4301 3, 43701 and 4401 1 .6, Health
and Safety Code. Reference: Sections 39002, 39003, 39010, 39033, 43000, 43013,
43018, 43701 and 4401 1.6, Health and Safety Code; and Sections 260 and 305,
Vehicle Code.
History
1 . New section filed 10-21-91 ; operative 1 1-20-91 (Register 92, No. 9).
2. Amendment of subsection (c)(2) filed 12-1-93; operative 1-3-94 (Register 93,
No. 49).
3. Amendment of section heading and section filed 5-4-98; operative 5-4-98 pur-
suant to Government Code section 1 1343.4(d) (Register 98, No. 19).
4. New subsections (a)(2), (a)(6), (b)(2) and (b)(6), subsection relettering, amend-
ment of newly designated subsections (a)(5) and (b)(3) and amendment of Note
filed 3-21-2005; operative 3-21-2005 pursuant to Government Code section
11343.4 (Register 2005, No. 12).
5. Amendment of subsections (a)(7), (b), (b)(4), (c) and (c)(3)-(6) and amendment
of Note filed 1-16-2007; operative 2-15-2007 (Register 2007, No. 3).
6. Change without regulatory effect repealing subsection (a)(6), renumbering sub-
sections and repealing subsection (c)(6) filed 5-23-2007 pursuant to section
100, title 1. California Code of Regulations (Register 2007, No. 21).
§ 21 82. Heavy-Duty Diesel Vehicle Smoke Opacity
Standards and Test Procedures; Excessive
Smoke.
(a) Standards
(1) No heavy-duty vehicle powered by a 1991 or subsequent model-
year diesel engine operating on the highways within the State of Califor-
nia shall exceed 40 percent smoke opacity when tested in accordance
with this section unless its engine is exempted under subsection (c) or (d)
below.
(2) No heavy-duty vehicle powered by a pre-1991 model-year diesel
engine, operating on the highways within the State of California, shall ex-
ceed 55 percent smoke opacity when tested in accordance with this sec-
tion unless its engine is exempted under subsection (c) or (d) below.
(b) Exemptions
(1 ) The Executive Officer shall exempt from subsections (a)( 1 ) and (2)
any engine family that is shown by the engine manufacturer to the satis-
faction of the Executive Officer to exhibit smoke opacity greater than 40
percent or 55 percent respectively when in good operating condition and
adjusted to the manufacturer's specifications. Such engine family(s)
must comply with any technologically appropriate less stringent opacity
standard identified by the Executive Officer based on a review of the data
obtained from engines in good operating condition and adjusted to man-
ufacturer's specifications.
(2) The Executive Officer shall exempt from subsections (a)(1) and (2)
any 1991 and earlier model-year heavy-duty diesel engines that are
equipped with carryover add-on aftermarket turbocharger kits approved
by the ARB, and are shown by the kit or engine manufacturer to the satis-
faction of the Executive Officer to exhibit smoke opacity greater than 40
percent or 55 percent respectively when in good operating condition and
adjusted to manufacturer's specifications. Such engines must comply
with any technologically appropriate less stringent opacity standard
identified by the Executive Officer based on a review of the data obtained
from engines in good operating condition and adjusted to manufacturer's
specifications.
(3) Exemptions previously issued and in effect on January 1, 1996
shall remain in effect under the amendments to this section adopted on
March 2, 1998 and effective on May 4, 1998.
(4) A manufacturer seeking an exemption under subsection (b) shall
provide the ARB with the engine emissions data needed to exempt the
engine family and determine technologically appropriate less stringent
opacity standards.
(c) Effect of missing emission control label on applicable standard.
When the owner of a heavy-duty diesel-powered vehicle receives a Cita-
tion or written notification from the ARB that the emission control label
was missing during an inspection, the owner must replace the emission
control label and provide the engine number identification to the ARB
within 45 days of receipt of the notification in addition to paying applica-
ble penalties under section 2185(a)(3). If the owner fails to comply with
this requirement, it will be conclusively presumed in any subsequent
smoke opacity test where the emission control label remains missing that
the vehicle is subject to the 40 percent smoke opacity standard in section
2182(a)(1), unless at the time of the subsequent test it is plainly evident
from a visual inspection that the vehicle is powered by a pre-1991 mo-
del-year engine.
(d) Excessive Smoke. A heavy-duty vehicle has excessive smoke if
it fails to comply with the smoke opacity standard applicable under this
section 2182.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43701 and 4401 1.6, Health
and Safety Code. Reference: Sections 39002, 39003, 39010, 39033, 43000, 43013,
43018, 43701 and 44011.6, Health and Safety Code.
History
1. New section filed 10-21-91; operative 1 1-20-91 (Register 92, No. 9).
2. Amendment filed 12-1-93; operative 1-3-94 (Register 93, No. 49).
•
Page 240.2(v)
Register 2007, No. 49; 12-7-2007
Title 13
Air Resources Board
§2185
•
3. Amendment of section heading and section filed 5-4-98; operative 5-4-98 pur-
suant to Government Code section 1 1343.4(d) (Register 98, No. 19).
4. Amendment of subsection (c), repealer of subsection (e) and amendment of
Note filed 1-16-2007; operative 2-15-2007 (Register 2007, No. 3).
§ 2183. Inspection of the Emission Control System on a
Heavy-Duty Vehicle.
(a) Heavy-duty diesel-powered vehicles. No heavy-duty diesel-
powered vehicle shall operate in California with tampered or defective
emission control components. The ARB shal l conduct a visual inspection
of heavy-duty diesel-powered vehicles to determine whether emission
control components have been tampered with or are defective. The in-
spection shall include, but is not limited to, the following:
(1) The engine governor.
(2) Any seals and/or covers protecting the air-fuel ratio adjustments.
(3) Any fuel injection pump seals and covers.
(4) The air cleaner and flow restriction indicator.
(5) The exhaust gas recirculation valve.
(6) The particulate matter trap system or catalytic converter system,
including pipes and valves.
(7) Related hoses, connectors, brackets, and hardware for these com-
ponents.
(8) Engine computer controls, related sensors, and actuators.
(9) Emission control label (ECL).
(10) Any other emissions-related components for a particular vehicle/
engine as determined from the manufacturer's specifications, emission
control label, certification data, or published vehicle parts manuals.
(b) Heavy-duty gasoline-powered vehicles. No heavy-duty gasoli-
ne-powered vehicle shall operate in California with tampered or defec-
tive emission control components. The ARB shall a conduct a visual in-
spection of heavy-duty gasoline-powered vehicles to determine whether
emission control components have been tampered with or are defective.
The inspection shall include, but is not limited to, the following:
(1) The air injection system.
(2) The positive crankcase ventilation system.
(3) The exhaust gas recirculation system.
(4) The catalytic converter, including pipes and valves.
(5) The evaporative emission control system.
(6) Related hoses, connectors, brackets, and hardware for these com-
ponents.
(7) Engine computer controls, related sensors, and actuators.
(8) On-Board Diagnostic (OBD) systems for 1994 and subsequent
model year vehicles, if so equipped.
(9) ECL.
(10) Any other emissions-related component for a particular vehicle/
engine as determined from the manufacturer's specifications, emission
control label, certification data, or published vehicle parts manuals.
(c) No 1974 or newer diesel powered heavy-duty commercial vehicle
shall operate in California without evidence that, at the time of manufac-
ture, the installed engine met emission standards at least as stringent as
applicable federal emission standards for the model year of the engine.
The ARB shall base its determination on whether an engine meets the
above requirements by inspecting the ECL affixed to the vehicle's en-
gine.
NOTE: Authority cited: Sections 39600, 39601 , 4301 3, 43701 and 4401 1 .6. Health
and Safety Code. Reference: Sections 39002, 39003, 39010, 39033, 43000, 43013,
43018, 43701 and 4401 1.6, Health and Safety Code.
History
1. New section filed 10-21-91; operative 1 1-20-91 (Register 92, No. 9).
2. Amendment of section heading and subsections (a) and (b) filed 5-4-98; opera-
tive 5-4-98 pursuant to Government Code section 1 1343.4(d) (Register 98, No.
19).
3. Amendment of subsections (a), (a)(9), (b) and (b)(9), new subsection (c) and
amendment of Note filed 1-16-2007; operative 2-15-2007 (Register 2007,
No. 3).
§ 2184. Refusal to Submit to Inspection Procedure.
The refusal by an owner or driver of a vehicle to submit to the test pro-
cedure in section 2182 or to the emission control system inspection in
section 2183 constitutes a failure of the test procedure or inspection, un-
less the driver is cited by the California Highway Patrol for a violation
of California Vehicle Code section 2813.
NOTE: Authority cited: Sections 39600, 39601 , 4301 3, 43701 and 4401 1 .6, Health
and Safety Code. Reference: Sections 39002, 39003, 390 J 0, 39033, 43000, 4301 3,
4301 8, 43701 and 4401 1 .6, Health and Safety Code. Sections 305, 505 and 281 3,
Vehicle Code.
History
1. New section filed 10-21-91; operative 1 1-20-91 (Register 92, No. 9).
2. Repealer of subsection (a) designator filed 5-4-98; operative 5-4-98 pursuant
to Government Code section 1 1343.4(d) (Register 98, No. 19).
3. Amendment of section and Note filed 3-21-2005; operative 3-21-2005 pur-
suant to Government Code section 1 1343.4 (Register 2005, No. 12).
4. Change without regulatory effect amending section filed 5-23-2007 pursuant
to section 100, title 1 , California Code of Regulations (Register 2007, No. 21).
§ 2185. Civil Penalty Schedule.
(a) The owner of a heavy-duty vehicle that fails the test procedure or
the emission controls system inspection, including by refusal to submit,
is subject to the following penalty schedule:
(1 ) Heavy-Duty Vehicle Opacity and Tampering Penalties for Violat-
ing Sections 2182 and 2183(a) and (b), Except for Violations Involving
a Tampered ECL.
(A) Except as provided below, the owner of a heavy-duty vehicle, that
is cited for the first time pursuant to section 21 82 or 21 83 (a) and (b), oth-
er than for a tampered ECL, and for which demonstration of correction
is provided and payment is made within 45 days from personal or certi-
fied mail receipt of the Citation, shall pay the minimum penalty of $300.
An owner who fails to correct the vehicle or pay the minimum penalty
within 45 days of receipt of the Citation shall be assessed a penalty of
$800.
(B) The above penalty shall not apply to the first Citation received by
an owner of a school bus, but the owner shall be subject to the penalty
provisions of paragraphs 2185(a)(1)(A) and (C) respectively for second
and any subsequent violations.
(C) The owner of a vehicle that is cited pursuant to section 2182 or
2183(a) and (b), other than for a tampered ECL, for a second time within
a 12 month period for the same vehicle shall within 45 days from personal
or certified mail receipt of the current Citation provide demonstration of
correction and pay the penalty of $1,500 and the minimum penalty of
$300 for a total of $1,800, notwithstanding section 2185(c).
(D) The owner of a heavy-duty vehicle that violates section 2184 by
refusing to submit to an inspection conducted under sections 2182 or
2183(a) and (b), including inspections for a tampered ECL, shall be as-
sessed a penalty of $800 for a first time violation. Subsequent violations
of section 21 84 for refusing to submit to an inspection under 21 82 shall
be subject to a penalty of $1800.
(2) Penalties for a Tampered ECL under section 2183.
(A) An owner of any heavy-duty vehicle shall receive a Citation each
time that ARB finds that the vehicle has a tampered ECL. For the first
year following the effective date of the amended regulation, February 15,
2007 , if the owner demonstrates to ARB that a new label has been affixed
to the vehicle's engine within 45-days of receipt of the Citation pursuant
to section 2186(a)(3) below, no penalty shall be assessed. An owner of
a heavy-duty vehicle who has been issued a Citation for a tampered ECL
label and who has failed to have a replacement label affixed to the engine
within 45-days of service of the Citation as set forth in section 21 86(a)(3)
below shall be subject to a $300 penalty.
(B) After the first year from the effective date of the amended regula-
tion, February 15, 2007, the owner shall receive a citation assessing the
owner a $300 penalty. The fine shall only be waived if, at the time of in-
spection, the owner provides other documentation from the engine
manufacturer or an authorized dealer that demonstrates compliance with
section 21 83(c), and provided the ECL is replaced pursuant to paragraph
(A) above. The documentation shall identify the engine by serial number.
(3) Penalties for Violations of Section 2183(c). The owner of a heavy-
duty commercial vehicle that is cited for a violation of section 2183(c)
shall be subject to the following penalties:
(A) The owner shall be subject to a penalty of $500 for each violation.
Page 240.2 (w)
Register 2007, No. 49; 12-7-2007
§2186
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(B) For the purposes of section 2185(a)(3), it shall be presumed that
a heavy-duty commercial vehicle with a tampered ECL is not in com-
pliance with section 2183(c) and is subject to a $500 penalty for each
violation in addition to the penalties provided for under section
2185(a)(2). If the owner demonstrates to ARB that a new ECL has been
affixed to the vehicle's engine within 45-days of receipt of the Citation,
pursuant to section 2186(a)(3) below, and the ECL demonstrates that the
vehicle's engine was designed to at least meet U.S. EPA promulgated
emission standards for the year of the engine's manufacture, the penalty
for violation of section 2183(c) shall be waived.
(b)(l ) No Citation shall be issued to the owner of a heavy-duty vehicle
powered by a pre- 1991 model-year diesel engine on the basis of a mea-
sured smoke opacity exceeding 55 percent but not exceeding 69 percent,
unless:
(A) the owner fails to provide a demonstration of correction within 45
days from personal or certified mail receipt of the Notice of Violation,
or
(B) a Notice of Violation or Citation has been issued for the vehicle in
the preceding 12 months.
(2) The owner of a heavy-duty vehicle that is the subject of a Notice
of Violation and for which demonstration of correction is provided with-
in 45 days from personal or certified mail receipt of the Notice of Viola-
tion shall not be subject to a penalty for the violation.
(3) The owner of a heavy-duty vehicle that is initially subject to a No-
tice of Violation, but is cited after a demonstration of correction is not
provided within 45 days from personal or certified mail receipt of a No-
tice of Violation, shall be subject to the penalty in section 2185(a)(1)(A).
(4)(A) Where a heavy-duty vehicle with a pre— 1991 engine inspected
in accordance with section 2181 has a measured opacity exceeding 55
percent but not exceeding 69 percent within 12 months of issuance of a
Notice of Violation for which a demonstration of correction was timely
provided within the applicable 45-day period, a Citation shall be issued
and the owner shall be subject to the penalty in section 2185(a)(1)(A).
(B) Where a heavy-duty vehicle with a pre-1991 engine inspected in
accordance with section 2181 has a measured opacity exceeding 55 per-
cent but not exceeding 69 percent within 12 months of issuance of a No-
tice of Violation for which a demonstration of correction was not timely
provided within the applicable 45-day period, a Citation shall be issued
and the owner shall be subject to the penalty in section 2185(a)(1)(C).
(c) If a heavy-duty vehicle fails the test procedure or an emission con-
trol system inspection one year or more after the date of its most recent
failure, the owner of that vehicle shall be subject to the penalty schedule
in section 2185(a)(1)(A) and (a)(1)(C).
(d) When a heavy-duty vehicle is cited after a bona fide change of
ownership between non-related persons or entities, the new owner shall
not be subject to the penalty schedule in section 2185(a)(1)(A) and (C)
if the only Citations issued for the vehicle within the previous 12 months
were issued prior to the change of ownership to the new owner.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43016, 43701 and
44011.6, Health and Safety Code. Reference: Sections 39002, 39003, 39010,
39033, 43000, 4301 3, 4301 6, 4301 8, 43701 and 4401 1 .6, Health and Safety Code.
Sections 305, 505 and 545, Vehicle Code.
History
1. New section filed 10-21-91; operative 11-20-91 (Register 92, No. 9).
2. Amendment filed 5-4-98; operative 5-4-98 pursuant to Government Code sec-
tion 1 1343.4(d) (Register 98. No. 19).
3. Amendment filed 3-21-2005: operative 3-21-2005 pursuant to Government
Code section 11343.4 (Register 2005, No. 12).
4. Change without regulatory effect amending subsection (a)(1)(B) filed
8-8-2005 pursuant to section 100, title 1, California Code of Regulations (Reg-
ister 2005, No. 32).
5. Amendment of section and Note tiled 1-16-2007; operative 2-1 5-2007 (Reg-
ister 2007, No. 3).
6. Change without regulatory effect amending section filed 5-23-2007 pursuant
to section 100, title~l, California Code of Regulations (Register 2007, No. 21 ).
§ 2186. Demonstration of Correction and Post-Repair Test
or Inspection.
(a) Demonstration of Correction. The owner must demonstrate correc-
tion of the vehicle by submitting to the Air Resources Board documents
demonstrating compliance with (1) or (2) or (3):
( 1) Where repairs are made at a repair facility, a repair receipt or a com-
pleted work order which contains the following information:
(A) Name, address, and phone number of the facility;
(B) Name of mechanic;
(C) Date of the repair;
(D) Description of component replacement(s), repair(s), and/or ad-
justments); and
(E) Itemized list of replaced component(s), including description of
part, part number, and cost;
(2) Where the owner makes his or her own repairs outside of a repair
facility,
(A) An itemized receipt for the parts used in the repair, and
(B) A statement identifying that date and nature of the repairs made;
(3) The owner of the heavy-duty vehicle who has received a Citation
for a tampered ECL shall:
(A) Have the engine manufacturer through its authorized dealer, affix
an emission control label identical to the label that was installed on the
engine at the time of its original manufacturer;
(B) Provide written verification from the heavy-duty vehicle/engine
manufacturer or its authorized dealer that the label has been replaced.
The written verification must include identification of the engine serial
number.
(b) Statement of Correction. The owner must also submit to the Air Re-
sources Board documents demonstrating compliance with (1) or (2):
(1) Where the Citation or Notice of Violation was based on a failure
to meet the opacity standard applicable under section 2182, a smoke test
report from a subsequent test showing that the repaired vehicle passed the
applicable section 2182 standard along with a statement to that effect
made under penalty of perjury by the person who conducted the subse-
quent test;
(2) Where the Citation or Notice of Violation was based on a failure
to pass an emission control system inspection as specified in section
2183, a statement by a person, under penalty of perjury, that the person
has reinspected any components identified in the Citation or Notice of
Violation as defective or tampered and has determined that these compo-
nents are correct, are installed, and are in good working order; or
[The next page is 240.3.]
Page 240.2 (x)
Register 2007, No. 49; 12-7-2007
Title 13
Air Resources Board
§2192
(c) The Air Resources Board shall require an ARB post-repair test or
an ARB post-repair inspection whenever:
(1) a submitted repair receipt or work order does not comply with (a)
above;
(2) a repair receipt, work order or authorized dealer verification ap-
pears to be falsified; or
(3) a second and subsequent failures of the test procedure or an emis-
sion control system inspection on the vehicle occur within a one year pe-
riod.
NOTE: Authority cited: Sections 39600, 39601 , 4301 3, 43701 and 4401 1 .6, Health
and Safety Code. Reference: Sections 39002, 39003, 3901 0, 39033, 43000, 4301 3,
43018, 43701 and 4401 1.6, Health and Safety Code. Section 505, Vehicle Code.
History
1. New section filed 10-21-91; operative 11-20-91 (Register 92, No. 9).
2. Amendment filed 5^1-98; operative 5-4-98 pursuant to Government Code sec-
tion 11343.4(d) (Register 98, No. 19).
3. Amendment of section and Note filed 3-21-2005; operative 3-21-2005 pur-
suant to Government Code section 11343.4 (Register 2005, No. 12).
4. Amendment filed 1-16-2007; operative 2-15-2007 (Register 2007, No. 3).
5. Change without regulatory effect amending subsection (b) and repealing sub-
section (b)(3) filed 5-23-2007 pursuant to section 100, title 1, California Code
of Regulations (Register 2007, No. 21).
§ 2187. Vehicles Removed from Service.
(a) Vehicles are subject to removal from service by the Department of
the California Highway Patrol if requested by the Air Resources Board
inspector, and if one or more uncleared Citations issued under section
2182 exist at the time of inspection.
(b) Upon payment by bank check, money order, or credit card of all
unpaid penalties for a vehicle that has been removed from service, the Air
Resources Board shall provide the owner, or designee, a release form for
presentation to the Department of the California Highway Patrol.
(c) The release of the vehicle shall be subject to the condition that it
be repaired and post-repair tested or inspected within 15 days.
NOTE: Authority cited: Sections 39600, 39601, 43013 and 44011.6, Health and
Safety Code. Reference: Sections 39002, 39003, 39010, 39033, 43000, 43013,
43018 and 4401 1.6, Health and Safety Code. Section 505, Vehicle Code.
History
1. New section filed 10-21-91; operative 11-20-91 (Register 92, No. 9).
2. Amendment of subsection (c) filed 5-4-98; operative 5-4-98 pursuant to Gov-
ernment Code section 11343.4(d) (Register 98, No. 19).
3. Amendment of subsections (a) and (b) filed 1-16-2007; operative 2-15-2007
(Register 2007, No. 3).
§ 21 88. Contesting a Citation.
The owner of a vehicle cited under these regulations may request a
hearing pursuant to section 60075.1 et seq., title 17, California Code of
Regulations.
NOTE: Authority cited: Sections 39600, 39601, 43013 and 44011.6, Health and
Safety Code. Reference: Sections 39002, 39003, 39010, 39033, 43000, 43013,
43018, 43701 and 4401 1.6, Health and Safety Code.
History
1 . New section filed 5-4-98; operative 5^1-98 pursuant to Government Code sec-
tion 11343.4(d) (Register 98, No. 19).
2. Amendment of section and Note filed 1-16-2007; operative 2-15-2007 (Reg-
ister 2007, No. 3).
§2189. Severability of Provisions.
If any subsection, paragraph, subparagraph, sentence, clause, phrase,
or portion of this Chapter is, for any reason, held invalid, unconstitution-
al, or unenforceable by any court of competent jurisdiction, such portion
shall be deemed as a separate, distinct, and independent provision, and
such holding shall not affect the validity of the remaining portions of the
regulation.
NOTE: Authority cited: Sections 39600, 39601, 43013 and 44011.6, Health and
Safety Code. Reference: Sections 39002, 39003, 39010, 39033, 43000, 43013,
43018, 43701 and 44011. 6, Health and Safety Code.
History
1. New section filed 1-16-2007; operative 2-15-2007 (Register 2007, No. 3).
Chapter 3.6. Periodic Smoke Inspections of
Heavy-Duty Diesel-Powered Vehicles
§ 2190. Vehicles Subject to the Periodic Smoke Inspection
Requirements.
These regulations shall be applicable, operative July 1, 1998, as fol-
lows:
(a) Except as provided in subsections (b), (c), (d), (e) and (0, the re-
quirements of this chapter apply to all heavy-duty diesel-powered ve-
hicles with gross vehicle weight ratings greater than 6,000 pounds which
operate on the streets or highways within the State of California.
(b) Heavy-duty diesel-powered vehicles which are not part of a fleet
or are employed exclusively for personal use are excluded from the re-
quirements of this chapter.
(c) Heavy-duty diesel-powered vehicles which are registered under
the International Registration Plan as authorized by Article 4 (commenc-
ing with section 8050), Chapter 4, Division 3 of the Vehicle Code and
which have established a base state other than California (non-California
based vehicles) are excluded from the requirements of this chapter.
(d) Heavy-duty diesel-powered vehicles which operate in California
under the terms of Interstate Reciprocity Agreements as authorized by
Article 3 (commencing with section 8000), Chapter 4, Division 3 of the
Vehicle Code and which belong to fleets that are not based in California
are excluded from the requirements of this chapter.
(e) Heavy-duty diesel-powered vehicles operating in California un-
der the terms of any other apportioned registration, reciprocity, or bilater-
al prorate registration agreement between California and other jurisdic-
tions and which belong to fleets that are not based in California are
excluded from the requirements of this chapter.
(f) Heavy-duty diesel-powered vehicles operating in California under
short-term vehicle registrations or permits of 90 days or less (including
but not limited to 90-day temporary registrations and 4-day permits un-
der Vehicle Code section 4004) are excluded from the requirements of
this chapter.
NOTE. Authority cited: Sections 39600, 39601 and 43701(a), Health and Safety
Code. Reference: Sections 39002, 39003, 39010, 39033, 43000, 4301 8, 43701(a),
and 4401 1 .6, Health and Safety Code.
History
1. New subchapter 3.6 and section filed 12-1-93; operative 1-1-95 (Register 93,
No. 49).
2. Amendment of first sentence filed 1 1-30-95; operative 12-30-95 (Register 95,
No. 48).
3. Redesignation and amendment of subchapter 3.6 to chapter 3.6, new section
heading and amendment of section filed 5-4-98; operative 5-4-98 pursuant to
Government Code section 1 1343.4(d) (Register 98, No. 19).
§2191. Definitions.
(a) The definitions of this section supplement and are governed by the
definitions set forth in Chapter 2 (commencing with Section 39010), Part
1, Division 26 of the Health and Safety Code. The provisions of this
chapter shall also be governed by the definitions set forth in section
2180.1, Title 13, California Code of Regulations including the following
modifications:
(1) "Fleet" means any group of 2 or more heavy-duty diesel-powered
vehicles which are owned or operated by the same agency or entity.
(2) "Test opacity" means the opacity of smoke from a vehicle when
measured in accordance section 2193(e).
NOTE: Authority cited: Section 39600, 39601 and 43701(a), Health and Safety
Code. Reference: Sections 39002, 39003, 39010, 39033, 43000, 4301 8, 43701 (a)
and 44011.6, Health and Safety Code.
History
1. New section filed 12-1-93; operative 1-1-95 (Register 93, No. 49).
2. Amendment filed 5^1-98; operative 5^4-98 pursuant to Government Code sec-
tion 11343.4(d) (Register 98, No. 19).
§ 2192. Vehicle Inspection Responsibilities.
(a) The owner of a heavy-duty diesel-powered vehicle subject to the
requirements of this chapter shall do all of the following:
Page 240.3
Register 2007, No. 21; 5-25-2007
§2193
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(J) Test the vehicle for excessive smoke emissions periodically ac-
cording to the inspection intervals specified in section 2193(a), (b), and
(c).
(2) Measure the smoke emissions for each test using the test procedure
specified in section 2193(e).
(3) Record the smoke test opacity levels and other required test infor-
mation as specified in section 2194.
(4) Have the vehicle repaired if it exceeds the applicable smoke opaci-
ty standard specified in section 2193(e).
(5) Record the vehicle repair information as specified in section 21 94.
(6) Conduct a post-repair smoke test to determine if the vehicle com-
plies with the applicable smoke opacity standard.
(7) Record the post-repair smoke test results as specified in section
2194.
(8) If the vehicle does not comply with the applicable smoke opacity
standard after the test required by section 2192(a)(7), make additional re-
pairs to achieve compliance, and record the smoke test results as speci-
fied in section 2194.
(9) Keep the records specified in section 2194 for two years after the
date of inspection.
(10) Permit an Air Resources Board inspector to review the inspection
records specified in section 21 94 at owner/operator designated fleet loca-
tions by appointment.
NOTE: Authority cited: Sections 39600, 39601 and 43701(a), Health and Safety
Code. Reference: Sections 39002, 39003, 39033, 43000, 43016, 4301 8, 43701 (a)
and 4401 1.6, Health and Safety Code.
History
1. New section filed 12-1-93; operative 1-1-95 (Register 93, No. 49).
2. Amendment of subsections (a)-(a)(2), (a)(4) and (a)(8) filed 5-4-98; operative
5-4-98 pursuant to Government Code section 1 1343.4(d) (Register98, No. 19).
3. New subsection (a)(9), subsection renumbering and amendment of Note filed
3-21-2005; operative 3-21-2005 pursuant to Government Code section
1 1343.4 (Register 2005, No. 12).
4. Change without regulatory effect repealing subsection (a)(9) and renumbering
subsections filed 5-23-2007 pursuant to section 100, title 1 , California Code of
Regulations (Register 2007, No. 21).
§ 2193. Smoke Opacity Inspection Intervals, Standards,
and Test Procedures.
(a) Initial phase-in. Vehicles which are subject to the requirements of
this chapter on the operative date of these regulations shall be tested for
smoke opacity (and repaired if the applicable smoke opacity standard is
exceeded) in accordance with the requirements of section 2192 pursuant
to the applicable following schedule:
(1) Fleets of five or more vehicles subject to this chapter:
(A) At least 25 percent of the fleet' s vehicles within 1 80 calendar days
of the effective date of these regulations;
(B) At least 50 percent of the fleet's vehicles within 270 calendar days
of the effective date of these regulations;
(C) At least 75 percent of the fleet's vehicles within 365 calendar days
of the effective date of these regulations; and
(D) The fleet's remaining vehicles no later than 455 calendar days af-
ter the effective date of these regulations.
(2) For fleets of 2 to 4 vehicles, at least one vehicle must be tested in
the initial 1 80 day period, and in each subsequent 90 calendar day period,
until all vehicles in the fleet have been tested.
(b) New fleets. Fleets which first become subject to the requirements
of this chapter subsequent to the effective date of these regulations must
be tested in accordance with section 2192 within the applicable time in-
tervals reflected in subsection (a) above, beginning on the date the fleet
becomes subject to these regulations.
(c) Annual testing. Once a vehicle subject to the requirements of this
chapter has been tested in accordance with subsection (a) or (b), or has
been acquired by a fleet owner after the effective date of these regula-
tions, the vehicle must periodically be tested for smoke opacity (and re-
paired if the applicable smoke opacity standard is exceeded) in accor-
dance with the requirements of section 2192 within 12 months of the
previous test conducted under this section 2193.
(d) Exemption for vehicles powered by 1994 or subsequent model-
year engines. Any heavy-duty vehicle powered by a 1 994 or subsequent
model-year engine is exempt from the testing requirements of this sec-
tion until January 1 of the calendar year that is four years after the model
year of the engine, and is to be treated as having been acquired by the
owner on that January 1. For example, 1995 model-year engine will be
exempt until January 1, 1999.
(e) Smoke opacity standards and test procedures.
(1) Except as otherwise provided in subsection (e)(2) below, the
smoke opacity standards and test procedures are those specified in sec-
tion 2182, Titled 13, California Code of Regulations.
(2) Prior to July 1 , 1999, if a repair facility is not equipped with an op-
erable SAE J 1 667 smokemeter, vehicles may be tested at the repair facil-
ity in accordance with the smoke opacity test procedures and opacity
standards set forth in section (e)(3). These are the test procedures and
opacity standards originally established for the heavy-duty diesel ve-
hicle roadside inspection program in 1991.
(3) Optional smoke opacity test procedures and standards prior to July
1, 1999.
(A) Standards.
1. The maximum smoke opacity standard for a 1991 or subsequent
model-year heavy-duty diesel-powered vehicle with a Federal peak
smoke engine certification level of 35 percent peak opacity or less is 40
percent when tested in accordance with section 2193(e)(3)(B) and (C).
2. The maximum smoke opacity standard for any other heavy-duty
diesel-powered vehicle is 55 percent when tested in accordance with sec-
tion 2193(e)(3)(B) and (C).
3. The above standards do not apply to an engine exempted under sec-
tion 2182(b).
(B) Equipment. The smoke opacity measurement equipment shall
consist of a light extinction type smokemeter which includes an optical
detection unit, a control/indicator unit, and a strip chart recorder.
1 . The smokemeter shall comply with the specifications provided in
the Society of Automotive Engineers (SAE) procedure J1243, "Diesel
Emission Production Audit Test Procedure," May 1 988, which is incor-
porated herein by reference, section 7.4 and shall be calibrated according
to specifications in SAE procedure J1243, section 8.2.
2. The strip chart recorder shall comply with specifications in SAE
procedure J1243, section 7.5, subsections 1-4 (May 1988).
(C) Procedure. The test procedure shall consist of preparation, precon-
ditioning, and test phases:
1 . In the preparation phase, the vehicle shall be placed at rest, the trans-
mission shall be placed in neutral, and the vehicle wheels shall be proper-
ly restrained to prevent any rolling motion.
2. In the preconditioning phase, the vehicle shall be put through a
snap-idle cycle two or more times until two successive measured smoke
levels are within ten (10) opacity percent of each other. The smokemeter
shall be rechecked prior to the preconditioning sequence to determine
that its zero and span setting are adjusted according to specifications in
SAE procedure J 1243, section 8.1 (May 1988).
3. In the test procedure phase, the vehicle shall be put through the
snap-idle cycle three times.
4. The opacity shall be measured during the preconditioning and test
phases with a smokemeter and shall be recorded continuously on the
chart recorder during each snap-idle cycle. The maximum instantaneous
value recorded by the chart recorder shall be the opacity reading.
5. The test opacity to determine the compliance with (A)l. and (A)2.
above shall be the average of the two meter readings with the least differ-
ence in opacity values. If all three readings have successive equivalent
differences between them, the test opacity shall be the average of the
three readings.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43701 (a), Health and Safe-
ty Code. Reference: Sections 39002, 39003, 39033, 43000, 43013, 43018,
43701(a) and 44011.6, Health and Safety Code.
History
1 . New section filed 12-1-93; operative 1-1-95 (Register 93, No. 49).
Page 240.4
Register 2007, No. 21; 5-25-2007
Title 13
Air Resources Board
§2205
2. Amendment of subsection (a) filed 11-30-95; operative 12-30-95 (Register
95, No. 48).
3. Amendment of section heading and section filed 5-4-98; operative 5-4-98 pur-
suant to Government Code section 1 1343.4(d) (Register 98, No. 19).
§ 2194. Record Keeping Requirements.
(a) The owner of a vehicle subject to the requirements of this chapter
shall record the following information when performing the smoke opac-
ity testing:
(1) The brand name and model of the opacity meter.
(2) The dates of last calibration of the opacity meter and chart recorder.
(3) The name of the smoke meter operator who conducted the test.
(4) The name and address of the contracted smoke test facility or ve-
hicle repair facility that conducted the test (if applicable).
(5) The applicable smoke opacity standard for the tested vehicle.
(6) Vehicle identification number, vehicle's engine year, engine
make, and engine model, and test date. Fleet designated vehicle identifi-
cation numbers are also acceptable.
(7) The initial smoke test opacity levels (for three successive test read-
ings).
(8) An indication of whether the vehicle passed or failed the initial
smoke test.
(9) The post-repair test date.
(10) The post-repair smoke test opacity levels (for three successive
test readings).
(11) An indication of whether the vehicle passed or failed the post-
repair smoke test.
(12) For vehicles that have failed the smoke test and have been re-
paired, the vehicle repair information specified in section 2186(a), Title
13, California Code of Regulations.
NOTE: Authority cited: Sections 39600, 39601 and 43701, Health and Safety
Code. Reference: Sections 39002, 39003, 39033, 43000, 43018, 43701 and
4401 1.6, Health and Safety Code.
History
1. New section filed 12-1-93; operative 1-1-95 (Register 93, No. 49).
2. Amendment of subsections (a) and (a)(2) filed 5-4-98; operative 5^4-98 pur-
suant to Government Code section 1 1343.4(d) (Register 98, No. 19).
3. Repealer of subsection (a)(2), subsection renumbering and new subsections
(b)-(b)(l)(D) filed 3-21-2005; operative 3-21-2005 pursuant to Government
Code section 1 1343.4 (Register 2005, No. 12).
4. Change without regulatory effect repealing subsections (b)-(b)(l)(D) filed
5-23-2007 pursuant to section 100, title I, California Code of Regulations
(Register 2007, No. 21).
Chapter 4. Criteria for the Evaluation of
Motor Vehicle Pollution Control Devices and
Fuel Additives
Article 1 . Fuel Additives and Prototype
Emission Control Devices
§ 2200. Applicability.
This article shall apply to all motor vehicle fuel additives and to all pro-
totype motor vehicle pollution control devices proposed for sale in Cali-
fornia.
NOTE: Authority cited: Sections 39600, 39601, 43014 and 43833, Health and
Safety Code. Reference: Sections 39002, 39003, 39040, 39500, 43000 and 43204,
Health and Safety Code; and Section 27156, Vehicle Code.
History
1 . New section filed 1 1-28-77; effective thirtieth day thereafter (Register 77, No.
49).
2. Amendment filed 1 1-30-83; effective thirtieth day thereafter (Register 83, No.
49).
§ 2201. Genera] Policy.
NOTE: Authority cited: Sections 39600, 39601, 43011, 43014 and 43833, Health
and Safety Code. Reference: Sections 39002, 39003 and 43000, Health and Safety
Code; and Section 27156, Vehicle Code.
History
1. Repealer of Subchapter 4 (Sections 2200-2206) and new Subchapter 4 (Sec-
tions 2200-2206) filed 1 1-22-74 as an emergency; effective upon filing (Reg-
ister 74, No. 47).
2. Certificate of Compliance filed 12-19-74 (Register 74, No. 51).
3. Amendment of NOTE filed 3-16-77; effective thirtieth day thereafter (Register
77, No. 12).
4. Renumbering of Section 2200 to 2201 filed 1 1-28-77; effective thirtieth day
thereafter (Register 77, No. 49).
5. Amendment filed 1 1-30-83; effective thirtieth day thereafter (Register 83, No.
49).
6. Repealer filed 8-22-96; operative 9-21-96 (Register 96, No. 34).
§ 2202. Performance Requirements.
NOTE: Authority cited: Sections 39600, 3601 , 4301 1 and 43833, Health and Safe-
ty Code. Reference: Sections 39002, 39003, 39500, 43000 and 43013, Health and
Safety Code; and Section 27156, Vehicle Code.
History
1. Renumbering of Section 2201 to 2202 filed 11-28-77; effective thirtieth day
thereafter (Register 77, No. 49).
2. Amendment filed 1 1-30-83; effective thirtieth day thereafter (Register 83, No.
49).
3. Repealer filed 8-22-96; operative 9-21-96 (Register 96, No. 34).
§ 2203. Submission Requirements.
Proposals submitted for evaluation must be accompanied by an ex-
ecuted copy of the state board's hold harmless agreement, which is avail-
able upon request from any state board office. Persons submitting a con-
trol device or fuel additive for evaluation shall set forth, in writing, a
description of the device or additive and its application to the control of
motor vehicle emissions in sufficient detail, including drawings and
schematic diagrams, so that its operation and principles can be under-
stood by reviewers. Performance claims shall be supported by test data.
The test procedure and instrumentation used to obtain the data shall be
described.
NOTE: Authority cited: Sections 39600, 39601, 43014 and 43833, Health and
Safety Code. Reference: Sections 39002, 39003, 39500 and 43000, Health and
Safety Code; and Section 27156, Vehicle Code.
History
1. Renumbering of Section 2202 to 2203 filed 1 1-28-77; effective thirtieth day
thereafter (Register 77, No. 49).
2. Amendment filed 1 1-30-83; effective thirtieth day thereafter (Register 83, No.
49).
§ 2204. Initial Evaluation.
The information submitted shall be reviewed by the state board's staff
in an initial evaluation to decide if the device or additive has the potential
for reducing vehicular emissions or the method is sufficiently unique in
its application to warrant laboratory tests by the state board. The results
of the initial evaluation will be reported in writing and/or by personal
conference with the person submitting the information.
NOTE: Authority cited: Sections 39600, 39601 and 43014, Health and Safety
Code. Reference: Sections 39002, 39003, 39500 and 43000, Health and Safety
Code; and Section 27156, Vehicle Code.
History
1. Renumbering of Section 2203 to 2204 filed 1 1-28-77; effective thirtieth day
thereafter (Register 77, No. 49).
2. Amendment filed 1 1-30-83; effective thirtieth day thereafter (Register 83, No.
■49).
§ 2205. Laboratory Tests.
(a) Device. When the initial evaluation indicates that the control ap-
proach warrants a laboratory test, the submitter must provide a working
system which is to be subjected to the appropriate laboratory test. The ba-
sis for the evaluation of the results of the laboratory tests will be a com-
parison of the test data with applicable reference standards. Each compo-
nent of a multi-component system may be examined and tested to
determine its relative contribution in the overall reduction in emissions
by the system.
Upon completion of the above tests, the submitter will be notified in
writing of the test results. If the results show the device does not have the
potential to meet applicable emission standards, the evaluation proce-
dure will be terminated.
Page 240.5
Register 2008, No. 24; 6-13-2008
§2206
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
If the test shows promising results, a secondary stage evaluation may
be undertaken. This may include, but not be limited to, replicating the
tests previously performed and the testing of emissions from several ve-
hicles with the device. If the tests from the second stage of evaluation
show promising results, a final stage of testing may be undertaken. This
may involve the use of fleet vehicles.
(b) Fuel Additive. In accordance with the general policy stated in Sec-
tion 2200, an application for testing of a motor vehicle fuel additive may
be made to the state board by an additive manufacturer. The "Test Proce-
dures for Gasoline and Diesel Vehicle Fuel Additives," adopted by the
state board on July 10, 1974, shall be followed in the testing of fuel addi-
tives. The state board may charge an application fee, not to exceed the
cost of the tests, for any testing conducted pursuant to this section.
NOTE. Authority cited: Sections 39600, 39601. 43014 and 43833, Health and
Safety Code. Reference: Sections 39002, 39003, 39500, 43000 and 43204, Health
and Safety Code; and Section 27156, Vehicle Code.
H [STORY
1. Renumbering of Section 2204 to 2205 filed 1 1-28-77; effective thirtieth day
thereafter (Register 77, No. 49).
2. Amendment filed ] 1-30-83; effective thirtieth day thereafter (Register 83, No.
49).
§ 2206. Fee Schedule.
(a) General Provisions.
(1) Purpose: The following fee schedule is adopted pursuant to Section
43833 of the California Health and Safety Code and the "Test Procedures
for Gasoline and Diesel Vehicle Fuel Additives," adopted by the state
board on July 10, 1974. The fees are designed to cover the cost of the tests
actually conducted under the test program on additives for which the
manufacturer has requested testing. Individual test programs will be as
agreed upon by the applicant and the state board.
(2) Applicability: These provisions are applicable to tests conducted
under the state board' s "Test Procedures for Gasoline and Diesel Vehicle
Fuel Additives," dated July 10, 1974.
(b) Collection of Fees. All fee remittances are to be made payable to
State of California, Air Resources Board, 9528 Telstar Avenue, El
Monte, CA 91731.
(c) Fee Schedule. The state board's fuel additive test procedure speci-
fies different phases of testing. Depending on the extent of the test activ-
ity, each applicant will be charged according to the following fee sched-
ule:
(1) Gasoline Fuel Additive.
(A) Chemical Analysis.
1. Initial evaluation— $400.00.
2. Required chemical analysis and toxicological evaluation at cost
(subdivision (e)).
(B) Preliminary Test.
1. Engine test (consisting of 32 data points under steady state engine
operating conditions) — $650.00.
2. Vehicle test (two cold start CVS-1975 comparative
tests)— $1,500.00.
The manufacturer will be charged at cost for vehicle rental fee incurred
by the state board to obtain the required vehicle for testing.
(C) Fleet Test.
At Cost (subdivision (e)).
(2) Diesel Fuel Additive.
(A) Chemical Analysis.
1. Initial evaluation— $400.00.
2. Required chemical analysis and toxicological evaluation at cost
(subdivision (e)).
(B) Engine Tests.
1. Engine Test (two comparative tests, each consisting of a 13-mode
emission test and an exhaust smoke test) — $1,200.00.
2. Vehicle Test.
per 13-mode emission test — $500.00
per exhaust smoke test — $250.00
per two cold-start CVS-1975 comparative tests — $1,500.00
[The next
The manufacturer will be charged at cost for vehicle rental fee incurred
by the state board to obtain the required vehicle for testing.
(d) Payment of Fees. Each applicant requesting evaluation of an addi-
tive shall remit with the application the fee specified in Subsection
(c)(l)(A)l. or (c)(2)(A)!. above for the initial evaluation. At the conclu-
sion of this evaluation, the applicant will, where appropriate, be notified
of suggested additional testing, if any, to be conducted by the state board
staff on the applicant's product. The applicable fee shall be paid to the
state board prior to the commencement of any further testing. Failure to
pay the fee will result in termination of the test evaluation by the state
board.
(e) Contract Provisions. The state board may engage independent lab-
oratories to conduct evaluation tests in accordance with the test proce-
dures specified by the state board. The actual cost for such tests will be
charged to the applicant.
NOTE: Authority cited: Sections 39600, 39601 and 43833, Health and Safety
Code. Reference: Sections 39002, 39003, 39500, 43000 and 43204, Health and
Safety Code; and Section 27156, Vehicle Code.
History
1. Amendment of subsection (c) filed 12-19-74 as an emergency; effective upon
filing. Certificate of Compliance included (Register 74, No. 51).
2. Amendment of subsection (a) filed 3-16-77; effective thirtieth day thereafter
(Register 77, No. 12).
3. Renumbering of Section 2205 to 2206 filed 11-28-77; effective thirtieth day
thereafter (Register 77, No. 49).
4. Amendment filed 1 1-30-83; effective thirtieth day thereafter (Register 83, No.
49).
§ 2207. Observation of Laboratory Tests.
The submitter may observe laboratory tests of his/her device or addi-
tive.
NOTE: Authority cited: Sections 39600 and 39601, Health and Safety Code. Ref-
erence: Sections 39002, 39003, 39500, 43000 and 43204, Health and Safety Code;
and Section 27156, Vehicle Code.
History
1 . Renumbering of Section 2206 to 2207 filed 1 1-28-77; effective thirtieth day
thereafter (Register 77, No. 49).
2. Amendment filed 1 1-30-83; effective thirtieth day thereafter (Register 83, No.
49).
Article 2. Aftermarket Parts
§ 2220. Applicability.
This article shall apply to all aftermarket parts which are sold, offered
for sale, or advertised for sale for use on motor vehicles which are subject
to California or federal emissions standards. To the extent applicable, the
results of any tests conducted pursuant to Article 1 may be used in total
or partial fulfillment of the requirements of this article.
NOTE: Authority cited: Sections 39600 and 39601, Health and Safety Code; and
Sections 27156, 38390 and 38391. Vehicle Code. Reference: Sections 39002,
39003, 39500, 43000 and 43204, Health and Safety Code.
History
1. New Article 2 (Sections 2220-2226) filed 11-28-77; effective thirtieth day
thereafter (Register 77, No. 49).
2. Amendment filed 1 1-30-83; effective thirtieth day thereafter (Register 83, No.
49).
§ 2221 . Replacement Parts.
(a) Any replacement part subject to the provisions of this article shall
be presumed to be in compliance with this article unless the executive of-
ficer makes a finding to the contrary pursuant to Section 2224(a).
(b) The manufacturer of any replacement part subject to the provisions
of this article shall maintain sufficient records, such as performance spec-
ifications, test data, or other information, to substantiate that such a re-
placement part is in compliance with this article. Such records shall be
open for reasonable inspection by the executive officer or his/her repre-
sentative. All such records shall be maintained for four years from the
year of manufacture of the replacement part.
NOTE: Authority cited: Sections 39000, 39002, 39003, 39500, 39600, 39601 and
43150, Health and Safety Code. Reference: Sections 27156, 38391 and 38395, Ve-
hicle Code; and Sections 43000 and 43644, Health and Safety Code.
page is 241.]
Page 240.6
Register 2008, No. 24; 6-13-
Title 13
Air Resources Board
§2224
•
HrSTORY
1 . Amendment filed 1 1-30-83; effective thirtieth day thereafter (Register 83. No.
49).
§ 2222. Add-On Parts and Modified Parts.
(a) As used in this section, the terms "advertise" and "advertisement"
include, but are not limited to, any notice, announcement, information,
publication, catalog, listing for sale, or other statement concerning a
product or service communicated to the public for the purpose of further-
ing the sale of the product or service.
(b)(1) Except for publishers as provided in subsection 3, no person or
company doing business solely in California or advertising only in
California shall advertise any device, apparatus, or mechanism which al-
ters or modifies the original design or performance of any required motor
vehicle pollution control device or system unless such part, apparatus, or
mechanism has been exempted from Vehicle Code section 27156, and
the limitations of the exemption, if any, are contained within the adver-
tisement in type size to give reasonable notice of such limitations.
(2) Except for publishers as provided in subsection 3, no person or
company doing business in interstate commerce shall advertise in Cali-
fornia any device, apparatus, or mechanism which alters or modifies the
original design or performance of any required motor vehicle pollution
control device or system and not exempted from Vehicle Code section
27156 unless each advertisement contains a legally adequate disclaimer
in type size adequate to give reasonable notice of any limitation on the
sale or use of the device, apparatus, or mechanism.
(3) No publisher, after receipt of notice from the state board or after
otherwise being placed on notice that the advertised part is subject to and
has not been exempted from the provisions of Vehicle Code section
27156, shall make or disseminate or cause to be made or disseminated
before the public in this state any advertisement for add-on or modified
parts subject to the provisions of this article, which have not been ex-
empted from Vehicle Code section 27156, unless such advertisement
clearly and accurately states the legal conditions, if any, on sale and use
of the parts in California.
(4) The staff of the state board shall provide, upon request, model lan-
guage which satisfies these requirements.
(c) No person shall advertise, offer for sale, or install a part as a motor
vehicle pollution control device or as an approved or certified device,
when in fact such part is not a motor vehicle pollution control device or
is not approved or certified by the state board.
(d) No person shall advertise, offer for sale, sell, or install an add-on
or modified part as a replacement part.
(e) The Executive Officer may exempt add-on and modified parts
based on an evaluation conducted in accordance with the "Procedures for
Exemption of Add-on and Modified Parts," adopted by the state board
on November 4, 1977, as amended June 1, 1990.
(f) Each person engaged in the business of retail sale or installation of
an add-on or modified part which has not been exempted from Vehicle
Code section 27156 shall maintain records of such activity which indi-
cate date of sale, purchaser name and address, vehicle model and work
performed if applicable. Such records shall be open for reasonable in-
spection by the Executive Officer or his/her representative. All such re-
cords shall be maintained for four years from the date of sale or installa-
tion.
(g) A violation of any of the prohibitions set forth in this section shall
be grounds for the Executive Officer to invoke the provisions of section
2225.
(h)(1) Prior to January 1, 2009, the Executive Officer shall exempt
new aftermarket catalytic converters from the prohibitions of California
Vehicle Code sections 27156 and 38391 based on an evaluation con-
ducted in accordance with the "California Evaluation Procedures for
New Aftermarket Non-Original Equipment Catalytic Converters" as
adopted by the state board on August 19, 1988.
(2) On or after January 1, 2009, the Executive Officer shall exempt
new aftermarket catalytic converters from the prohibitions of California
Vehicle Code sections 27156 and 38391 based on an evaluation con-
ducted in accordance with the "California Evaluation Procedures for
New Aftermarket Catalytic Converters" as adopted by the state board on
October 25, 2007.
(3) No person shall install, sell, offer for sale or advertise, any new af-
termarket catalytic converter in California unless it has been exempted
pursuant to the procedures as provided in this subsection.
(4) For the purposes of this regulation, a new aftermarket catalytic con-
verter is a catalytic converter which is constructed of all new materials,
is not a replacement part as defined in Title 13, California Code of Regu-
lations, section 1900, and is not an original equipment catalytic convert-
er. A catalytic converter which includes any new material or construction
not equivalent to the materials or construction of the original equipment
catalytic converter (e.g., an original equipment catalytic converter can
with a new non-original equipment substrate) shall also be considered
a new aftermarket catalytic converter.
(i)(l) On or after July 1, 2008, or after 30 days from the date of filing
of this subsection with the Secretary of State, whichever is later, no per-
son shall install, sell, offer for sale, or advertise any used, recycled, or sal-
vaged catalytic converter in California.
(2) Prior to July 1 , 2008, or 30 days from the date of filing of this sub-
section with the Secretary of State, whichever is later, no person shall in-
stall, sell, offer for sale or advertise, any used, recycled, or salvaged cata-
lytic converter in California unless the catalytic converter has been
exempted pursuant to the "Procedures for Exemption of Add-On Parts
and Modified Parts," adopted by the state board on November 4, 1977,
as amended June 1, 1990.
(3) For the purposes of this regulation, a "used catalytic converter" is
a catalytic converter which is not a new aftermarket catalytic converter
as defined in Subsection (h)(4), or a replacement part as defined in sec-
tion 1900.
NOTE: Authority cited: Sections 39600, 39601,43000,43000.5 and4301 1, Health
and Safety Code; and Sections 27156, 38391 and 38395, Vehicle Code. Refer-
ence: Sections 39002, 39003, 39500, 43000, 43000.5, 43011, 43204, 43205 and
43644, Health and Safety Code; and Sections 27156, 38391 and 38395, Vehicle
Code.
History
1. Amendment filed 7-6-81; effective thirtieth day thereafter (Register 81, No.
28).
2. Amendment filed 1 1-30-83; effective thirtieth day thereafter (Register 83, No.
49).
3. New subsections (h) and (i) filed 2-15-89; operative 3-17-89 (Register 89, No.
8).
4. Amendment of subsection (e) filed 7-17-90; operative 8-16-90 (Register 90,
No. 35).
5. Amendment of section and Note filed 6-10-2008; operative 7-10-2008 (Reg-
ister 2008, No. 24).
§ 2223. Specific Criteria.
NOTE: Authority cited: Section 39601, Health and Safety Code; and Section
27156, Vehicle Code. Reference: Sections 39002, 39003, 39500, and 43000,
Health and Safety Code.
History
1. Repealer filed 7-6-81; effective thirtieth day thereafter (Register 81, No. 28).
§ 2224. Surveillance.
(a) Replacement parts. The executive officer may order, for cause, the
manufacturer of any replacement part subject to the provisions of this ar-
ticle to submit any records relating to such part which are maintained pur-
suant to section 2221(b) above. The executive officer may order, for
cause, the manufacturer of any replacement part subject to the provisions
of this article to submit a reasonable number of parts typical of the man-
ufacturer's production for testing and evaluation. If, after a review of all
records submitted by the manufacturer and of the results of any tests con-
ducted by the state board's staff, the executive officer finds that such part
is not in fact a replacement part, the executive officer may invoke section
2225. Replacement parts evaluated pursuant to this section shall be com-
pared with the specifications contained in the applicable vehicle man-
ufacturer's application for certification.
(b) Add-on parts and modified parts. The executive officer may order,
for cause, the manufacturer of any add-on part or modified part subject
to the provisions of this article to submit a reasonable number of parts
Page 241
Register 2008, No. 24; 6-13-2008
§2225
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
typical of the manufacturer's production for testing and evaluation. In-
use performance will also be evaluated. This will include Inspection and
Maintenance requirements and compliance with onboard diagnostic sys-
tem regulations. If, after a review of the results of any tests or evaluations
conducted by the state board's staff and of any information submitted by
the manufacturer, the executive officer finds that an add-on part or a mo-
dified part does not conform to the "Procedures for Exemption of Add-
on and Modified Parts," the executive officer may invoke section 2225.
NOTE: Authority cited: Sections 39600, 39601 and 43011, Health and Safety
Code; and Section 27156, Vehicle Code. Reference: Sections 39002. 39003,
39500, 43000 and 43204, Health and Safety Code.
History
1. Amendment filed 7-6-81; effective thirtieth day thereafter (Register 81, No.
28).
2. Amendment filed 1 1-30-83; effective thirtieth day thereafter (Register 83, No.
49).
3. Amendment of subsection (b) filed 7-17-90; operative 8-16-90 (Register 90,
No. 35).
§ 2225. Enforcement Action.
(a) When this section is invoked pursuant to other sections of this ar-
ticle, the executive officer may issue a cease and desist order and may re-
quire the person to submit a plan for correcting any deficiencies found
by the state board. The executive officer may order any of the actions
contained in the plan, and/or may declare a part to be not in compliance
with Vehicle Code Section 27156 unless he/she finds the plan adequate
to correct the deficiencies found by the state board. The plan may be re-
quired to include such corrective actions as the cessation of sale of non-
complying parts, the recall of any non-complying parts already sold, and
corrective advertising to correct misleading information regarding the
emission control capabilities of the device and to ensure compliance with
California's laws. The executive officer may also seek fines for viola-
tions of Vehicle Code Section 27156, or other laws or regulations, as
applicable.
(b) When this section is invoked by the executive officer on either his/
her own initiative or in response to complaints received, an investigation
may be made by the executive officer or his/her representative to gather
evidence regarding continuing violations of this article by any person en-
gaged in the business of advertising, offering for sale, selling, or install-
ing an add-on or modified part.
(c) Any person against whom enforcement action (other than the filing
of an action in court) is initiated pursuant to this section may request a
public hearing to review the enforcement action.
(d) Nothing in this article shall prohibit the executive officer from tak-
ing any other action provided for by law, including the prosecution of an
action in court.
NOTE: Authority cited: Sections 39515, 39516, 39600 and 39601, Health and
Safety Code. Reference: Sections 39002, 39003, 39500,43000,43600,43641 and
43644, Health and Safety Code; and Sections 27156, 38391 and 38395, Vehicle
Code.
History
1 . Repealer of former Section 2225 and renumbering and amendment of former
Section 2226 to Section 2225 filed 11-30-83; effective thirtieth day thereafter
(Register 83, No. 49).
Chapter 4.2. Certification of Exhaust
Emission Control Devices for Controlling
Carbon Monoxide from Portable and from
Mobile Internal Combustion Engines Used in
Enclosed Structures
§ 2230. Requirements.
No exhaust emission control device for controlling carbon monoxide
from portable and from mobile internal combustion engines used in en-
closed structures shall be certified by the Air Resources Board unless
such devices operate within the standards for said pollutant set by the Oc-
cupational Safety and Health Standards Board pursuant to Section 6701
of the Labor Code, and meet the criteria set forth in this Chapter. The
standards for carbon monoxide set by the Occupational Safety and
Health Standards Board for such devices appear in Title 8, California
Code of Regulations, Section 5146.
The test procedures for determining compliance with these standards
are set forth in "Test Procedures for Portable and Mobile Internal Com-
bustion Engines Used Inside Buildings" dated September 13, 1967.
NOTE: Authority cited: Sections 39600 and 39601 , Health and Safety Code; Sec-
tions 6702 and 6703, Labor Code. Reference: Sections 6701 , 6702 and 6703, La-
bor Code.
History
1 . Change without regulatory effect renumbering chapter heading and renumber-
ing and amending former section 2275 to section 2230 filed 9-17-91 pursuant
to section 100, title 1, California Code of Regulations (Register 92, No. 4).
§2231. Other Criteria.
No device controlling exhaust emissions from portable and from mo-
bile internal combustion engines used in enclosed structures shall be cer-
tified by the Air Resources Board unless it meets the following criteria:
(a) Such device shall operate so that, with engine maintenance which
is characteristic of general usage by the users thereof, its emissions are
within the limits established by the State Standards.
(b) Function or malfunction of the device shall not create a hazardous
condition.
NOTE: Authority cited: Sections 39600 and 39601 , Health and Safety Code; Sec-
tions 6702 and 6703, Labor Code. Reference: Sections 6701 , 6702 and 6703, La-
bor Code.
History
1 . Change without regulatory effect renumbering former section 2276 to section
2231 and adding Note filed 9-1 7-91 pursuant to section 100, title 1, California
Code of Regulations (Register 92, No. 4).
Chapter 4.4. Specifications for Fill Pipes
and Openings of Motor Vehicle Fuel Tanks
§ 2235. Requirements.
New 1977 and subsequent model-year gasoline-fueled motor ve-
hicles and 1993 and subsequent model-year methanol-fueled passenger
cars, light-duty trucks, medium-duty vehicles and heavy-duty vehicles
shall not be sold, offered for sale or registered in California unless such
vehicles comply with the Air Resources Board's "Specifications for Fill
Pipes and Openings of Motor Vehicle Fuel Tanks," dated March 19, 1976
as last amended January 22, 1990 or, in the case of motorcycles, are ex-
empted pursuant to Chapter 1, Article 2, Section 1976(b).
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43104,
43107 and 43835, Health and Safety Code. Reference: Sections 39003, 43000,
43013, 43018, 43101, 43104. 43106, 43204 and 43835, Health and Safety Code;
and Sections 281 11 and 28112, Vehicle Code.
History
1. Change without regulatory effect renumbering chapter heading and renumber-
ing and amending former section 2290 to section 2235 filed 9-17-91 pursuant
to section 100, title 1, California Code of Regulations (Register 92, No. 4).
Chapter 5.
Standards for Motor Vehicle
Fuels
Article 1. Standards for Gasoline
Subarticle 1. Gasoline Standards That
Became Applicable Before 1996
§ 2250. Degree of Unsaturation for Gasolines Sold Before
ApriM,1996.
(a) No person shall sell or supply within the South Coast Basin (as de-
fined on January 1, 1976) as a fuel for motor vehicles as defined by the
Vehicle Code of the State of California, a gasoline having a degree of un-
Page 242
Register 2008, No. 24; 6-13-2008
Title 13 Air Resources Board § 2250
saturation greater than that indicated by a Bromine Number of 30 as de- which is commonly or commercially known or sold as gasoline, or any
termined according to the "Test Method for Determining Bromine Num- fuel sold to power a vehicle certified by the state board as a gasoline-
ber of Gasoline," as adopted by the Air Resources Board on August 13, powered vehicle without modifying the vehicle.
1987 and incorporated herein by reference. (c) This section shall not apply to gasoline sold or supplied on or after
(b) For the purpose of this rule, the term "gasoline" means any fuel April 1 , 1996, except for gasoline that is supplied from a small refiner's
[The next page is 243.
Page 242.1 Register 2008, No. 24; 6-13-2008
Title 13
Air Resources Board
§ 2251.5
California refinery prior to March 1, 1998, and that qualifies for treat-
ment under section 2272(a).
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018, 43101 and 43831,
Health and Safety Code; and Western Oil and Gas Ass' n v. Orange County Air
Pollution Control District, 14 Cal.3d 411. 121 Cal.Rptr. 249 (1975). Reference:
Sections 39000-39003, 39010, 39500, 39515, 39516, 39606, 41511, 43000,
43000, 43016, 43018 and 43101, Health and Safety Code; and Western Oil and
Gas Ass'n v. Orange County Air Pollution Control District, 14 Cal.3d 41 1, 121
Cal.Rptr. 249(1975).
History
1 . Amendment filed 7-1 5-76 as procedural and organizational; designated effec-
tive 9-1-76 (Register 76, No. 29).
2. Amendment filed 3-3-83; effective thirtieth day thereafter (Register 83, No.
10).
3. Amendment filed 9-25-87; operative 10-25-87 (Register 87, No. 40).
4. Change without regulatory effect amending article heading filed 9-17-91 pur-
suant to section 100, title 1, California Code of Regulations (Register 92, No.
4).
5. New subarticle 1 . heading and subsection (c) and amendment of section heading
and Note filed 1 1-16-92; operative 12-16-92 (Register 92, No. 47).
6. Amendment of subarticle 1 heading filed 9-13-96; operative 10-1 3-96 (Regis-
ter 96, No. 37).
7. Change without regulatory effect amending subarticle heading filed 1-6-97
pursuant to section 1 00, title 1 , California Code of Regulations (Register 97, No.
2).
§ 2251 . Reid Vapor Pressure for Gasoline.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018, 43101 and 43830,
Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air
Pollution Control District, 14 Cal.3d 41 1, 121 Cal. Rptr. 249 (1975). Reference:
Sections 39000, 39001, 39002, 39003, 39500, 39606, 43000, 43013, 43016,
43018, 43 101 and 43830, Health and Safety Code; and Western Oil and Gas Ass 'n.
v. Orange County Air Pollution Control District, 1 4 Cal.3d 41 1 , 1 2 1 Cal. Rptr. 249
(1975).
History
1. Amendment filed 5-20-75 as procedural and organizational; effective upon fil-
ing (Register 75, No. 21).
2. Amendment filed 3-2-76 as procedural and organizational; effective upon fil-
ing (Register 76, No. 10).
3. Amendment of subsections (a) and (e) filed 7-15-76 as procedural and organi-
zational; designated effective 9-1-76 (Register 76, No. 29).
4. Repealer and new section filed 7-1-80 as an emergency; effective upon filing.
Certificate of Compliance included (Register 80, No. 27).
5. Amendment of Note filed 3-3-83: effective thirtieth day thereafter (Register
83, No. 10).
6. Amendment filed 5-6-9 1 ; operative 5-6-91 (Register 91. No. 24).
7. Change without regulatory effect amending section filed 9-17-91 pursuant to
section 100, title 1, California Code of Regulations (Register 92, No. 4).
8. Change without regulatory effect repealing section filed 3-18-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 12).
§ 2251 .1 . Waiver of Reid Vapor Pressure Standard for
Gasoline Produced in California.
NOTE: Authority cited: Sections 39600, 39601, Health and Safety Code. Refer-
ence: Sections 41511, 43101, Health and Safety Code.
History
1 . New section filed 6-1-79 as an emergency; effective upon filing (Register 79,
No. 22).
2. Amendment of subsection (c) and new subsection (f) filed 7-1 1-79 as an emer-
gency; effective upon filing (Register 79, No. 28).
* Amendment expiration date based upon emergency order filed 6-1-79.
3. Amendment of subsection (a) filed 9-12-79 as an emergency; effective upon
filing (Register 79, No. 37). A Certificate of Compliance must be filed within
120 days or emergency language will be repealed on 1-10-80.
4. Expired by own terms (Register 80, No. 5).
§ 2251 .2. Waiver of Reid Vapor Pressure Standard for
Gasoline Imported into California.
NOTE: Authority cited: Sections 39600, 39601, Health and Safety Code. Refer-
ence: Sections 41511, 43101, Health and Safety Code.
History
1. New section filed 6-1-79 as an emergency; effective upon filing (Register 79,
No. 22).
2. Exhibit A incorporated by reference into Sections 2251.1 and 2251.2 filed
6-1-79 as an emergency; effective upon filing (Register 79, No. 22).
3. Amendment filed 9-12-79 as an emergency; effective upon filing (Register 79,
No. 37). A Certificate of Compliance must be filed within 120 days or emergen-
cy language will be repealed on 1-10-80.
4. Expired by own terms (Register 80, No. 5).
§ 2251 .5. Reid Vapor Pressure of Gasoline Sold After
January 1, 1992, and Before March 1, 1996.
(a) Regulatory Standards.
(1) Basic Regulatory Standard.
(A) Starting January 1, 1992, within each of the air basins during the
regulatory period set forth in section (a)(1)(B), no person shall sell, offer
for sale, dispense, supply, offer for supply, or transport California gaso-
line which has a Reid vapor pressure exceeding 7.80 pounds per square
inch.
(B) Basic Regulatory Control Periods.
1. April 1 through October 31:
South Coast Air Basin and Ventura County
San Diego Air Basin
Southeast Desert Air Basin
2. May 1 through September 30:
Great Basin Valley Air Basin
3. May 1 through October 31:
San Francisco Bay Area Air Basin
San Joaquin Valley Air Basin
Sacramento Valley Air Basin
Mountain Counties Air Basin
Lake Tahoe Air Basin
4. June 1 through September 30:
North Coast Air Basin
Lake County Air Basin
Northeast Plateau Air Basin
5. June 1 through October 31:
North Central Coast Air Basin
South Central Coast Air Basin (Excluding Ventura County)
(2) Additional Regulatory Standards for Gasoline Sold, Supplied or
Transferred from a Production or Import Facility.
(A) Starting January 1, 1992, no producer or importer shall sell, offer
for sale, supply, or offer to supply from its California production facility
or California import facility in an air basin during the regulatory period
specified in section (a)(2)(B), California gasoline which has a Reid vapor
pressure exceeding 7.80 pounds per square inch. Starting January 1,
1992, no person shall transport directly from a California production fa-
cility or California import facility in an air basin during the regulatory pe-
riod set forth in section (a)(2)(B), California gasoline which has a Reid
vapor pressure exceeding 7.80 pounds per square inch.
(B) Additional Regulatory Control Periods.
I. March 1 through March 31:
South Coast Air Basin and Ventura County
San Diego Air Basin
Southeast Desert Air Basin
2. April 1 through April 30:
San Francisco Bay Area Air Basin
San Joaquin Valley Air Basin
Sacramento Valley Air Basin
Great Basin Valley Air Basin
Mountain Counties Air Basin
Lake Tahoe Air Basin
3. May 1 through May 31:
North Central Coast Air Basin
South Central Coast Air Basin (Excluding Ventura County)
North Coast Air Basin
Lake County Air Basin
Northeast Plateau Air Basin
(3) Special Provisions for Blends of Gasoline Containing Ethanol.
(A) Any blend of gasoline containing at least 10 percent ethanol by
volume shall not result in a violation of this section (a) unless the gasoline
used in the blend exceeds the standards set forth in this section (a).
(B) Section (a)(3)(A) shall be effective only so long as Health and
Safety Code section 43830 establishes special provisions for the volatili-
ty of gasoline blends containing at least 10 percent ethanol by volume.
Page 243
Register 97, Nos. 1-2; 1-10-97
§ 2251.5
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(C) Any sale, offer for sale, supply, or transport of gasoline containing
at least 4.9 percent ethanol by volume, which occurs in October 1993,
October 1994, or October 1995, shall not constitute a violation of section
(a)(1) unless the gasoline has a Reid vapor pressure exceeding 8.80
pounds per square inch.
(D) 1 . Any sale, offer for sale, or supply of gasoline containing at least
4.9 percent ethanol by volume from a final distribution facility during the
15 days preceding a transition period shall not constitute a violation of
section (a)(1) as long as:
a. The gasoline has a Reid vapor pressure not exceeding 8.80 pounds
per square inch, and
b. The person selling or supplying the gasoline demonstrates to the sat-
isfaction of the executive officer, prior to the sale or supply, that it is rea-
sonably necessary to add ethanol to the gasoline to enable the calibration
of metered ethanol blending equipment prior to the start of the regulatory
control period.
2. Any transaction involving gasoline after it has been transferred from
a final distribution facility shall not constitute a violation of section (a)(1)
if the person engaged in the transaction demonstrates by affirmative de-
fense that the sale, offer for sale or supply of the gasoline from the final
distribution facility met the criteria set forth in section (a)(3)(D)(l).
3. For the purposes of this section (a)(3)(D), "final distribution facil-
ity," "'transition period," and "regulatory control period" shall have the
same meaning set forth in Title 13, California Code of Regulations, sec-
tions 2258(b) and 2258(a)(2).
(4)(A) Section (a)(1) shall not apply to a transaction occurring in an
air basin during the basic regulatory control period where the person sell-
ing, supplying, or offering the gasoline demonstrates as an affirmative
defense that, prior to the transaction, he or she has taken reasonably pru-
dent precautions to assure that the gasoline will be delivered to a retail
service station or bulk purchaser-consumer's fueling facility when the
station or facility is not subject to a basic regulatory control period.
(B) Section (a)(2) shall not apply to a transaction occurring in an air
basin during the additional regulatory control period for producers and
importers where the person selling, supplying, offering or transporting
the gasoline demonstrates as an affirmative defense that, prior to the
transaction, he or she has taken reasonably prudent precautions to assure
that the gasoline will be delivered to a retail service station or bulk pur-
chaser-consumer's fueling facility located in an air basin not then subject
to the basic regulatory control period or the additional control period for
producers and importers.
(C) Section (a)(1) shall not apply to a transaction occurring in an air
basin during the basic regulatory control period where the transaction in-
volves the transfer of gasoline from a stationary storage tank to a motor
vehicle fuel tank and the person selling, supplying, or offering the gaso-
line demonstrates as an affirmative defense that the last delivery of gaso-
line to the stationary storage tank occurred more than fourteen days be-
fore the start of the basic regulatory control period.
(5) For the purposes of section (a)(1), each sale of California gasoline
at retail, and each dispensing of California gasoline into a motor vehicle
fuel tank, shall also be deemed a sale or supply by any person who pre-
viously sold or supplied such gasoline in violation of section (a)(1).
(b) Definitions.
For the purposes of this section:
(1) "Bulk purchaser-consumer" means a person that purchases or
otherwise obtains gasoline in bulk and then dispenses it into the fuel tanks
or motor vehicles owned or operated by the person.
(2) "California gasoline" means gasoline sold or intended for sale as
a motor vehicle fuel in California.
(3) "California production facility" means a facility in California at
which gasoline is produced; it does not include a facility whose sole oper-
ation is to transfer gasoline or to blend additives into gasoline.
(4) "Ethanol" means ethyl alcohol which meets any additional require-
ments for ethanol or ethyl alcohol in Health and Safety Code section
43830.
(5) "Gasoline" means any fuel which is commonly or commercially
known or sold as gasoline, or which is a mixture of more than 50 percent
fuel commonly known or sold as gasoline and alcohol.
(6) "Importer" means any person who first accepts delivery in Califor-
nia of California gasoline.
(7) "Import facility" means the facility at which imported California
gasoline is first received in California, including, in the case of California
gasoline imported by cargo tank and delivered directly to a facility for
dispensing gasoline into motor vehicles, the cargo tank in which the gas-
oline is imported.
(8) "Motor vehicle" has the same meaning as defined in section 415
of the Vehicle Code.
(9) "Produce" means to convert liquid compounds which are not gaso-
line into gasoline.
(10) "Producer" means any person who owns, leases, operates, con-
trols or supervises a California production facility.
(1 1) "Supply" means to provide or transfer a product to a physically
separate facility, vehicle, or transportation system.
(c) Sampling and Test Methods.
(1) Compliance with the standards set forth in section (a)(1) and (2)
shall be determined by use of an applicable sampling methodology set
forth in 13 CCR section 2296, and by use of either (A) the American Soci-
ety for Testing and Materials Method ASTM D 328-58 (which is incor-
porated by reference herein), deleting paragraph 4(b) concerning sam-
pling or (B) the test method set forth in Section 2297.
(2) For purposes of section (a)(3), the ethanol content of gasoline shall
be determined by: (A) use of American Society of Testing and Materials
Test Method D 4815-94 (which is incorporated by reference herein) to
determine the mass percent of ethanol in the gasoline, and (B) conversion
of the concentration of ethanol from percent by mass to percent by vol-
ume according to Section 1 4.3 of ASTM D 48 1 5-94. The volume of etha-
nol shall include the volume of any denaturant approved for that purpose
by the United States Bureau of Alcohol, Tobacco and Firearms, provided
those denaturants do not exceed 5 percent of the volume of alcohol (in-
cluding denaturants).
(d) Variances.
(1) Any person who cannot comply with the requirements set forth in
section (a)(1) or (2) before January 1, 1994 because of reasons beyond
the person's reasonable control may apply to the executive officer for a
variance. The application shall set forth:
(A) the specific grounds upon which the variance is sought;
(B) the proposed date(s) by which compliance with the provisions of
section (a)(1) or (2) will be achieved; and
(C) a plan reasonably detailing the method by which compliance will
be achieved.
(2) Upon receipt of an application for a variance containing the infor-
mation required in section (d)(1), the executive officer shall hold a hear-
ing to determine whether, or under what conditions and to what extent,
a variance from the requirements in section (a)(1) or (2) is necessary and
will be permitted. Notice of the time and place of the hearing shall be sent
to the applicant by certified mail not less than 20 days prior to the hearing.
Notice of the hearing shall also be submitted for publication in the Cali-
fornia Regulatory Notice Register and sent to every person who requests
such notice, not less than 20 days prior to the hearing.
(3) At least 20 days prior to the hearing, the application for the variance
shall be made available to the public for inspection. Interested members
of the public shall be allowed a reasonable opportunity to testify at the
hearing and their testimony shall be considered.
(4) No variance shall be granted unless all of the following findings are
made:
(A) that, because of reasons beyond the reasonable control of the
applicant, requiring compliance with section (a)(1) or (2) would result in
an extraordinary economic hardship;
•
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(B) that the public interest in mitigating the extraordinary hardship to
the applicant by issuing the variance outweighs the public interest in
avoiding any increased emissions of air contaminants which would result
from issuing the variance; and
(C) that the compliance plan proposed by the applicant can reasonably
be implemented and will achieve compliance as expeditiously as possi-
ble.
(5) No variance may be effective after December 31,1 993. Any vari-
ance order shall impose a substitute gasoline Reid vapor pressure limit
as stringent as feasible under the circumstances, in no case to exceed 9.0
pounds per square inch. Any variance order shall specify a final com-
pliance date by which the requirements in section (a)(1) or (2) will be
achieved. Any variance order shall also contain a condition that specified
increments of progress necessary to assure timely compliance be
achieved, and such other conditions that the executive officer, as a result
of the testimony received at the hearing, finds necessary to carry out the
purposes of Division 26 of the Health and Safety Code.
(6) The executive officer may require, as a condition of granting a vari-
ance, that a cash bond, or a bond executed by two or more good and suffi-
cient sureties or by a corporate surety, be posted by the party to whom the
variance was granted to assure performance of any construction, alter-
ation, repair, or other work required by the terms and conditions of the
variance. Such bond may provide that, if the party granted the variance
fails to perform such work by the agreed date, the cash bond shall be for-
feited to the state board, or the corporate surety or sureties shall have the
option of promptly remedying the variance default or paying to the state
board an amount, up to the amount specified in the bond, that is necessary
to accomplish the work specified as a condition of the variance.
(7) No variance which is issued due to conditions of breakdown, re-
pair, or malfunction of equipment shall have a duration, including exten-
sions, of more than six months.
(8) The executive officer may, after holding a hearing without comply-
ing with the provisions of sections (d)(2) and (d)(3), issue an emergency
variance to a person from the requirements of sections (a)(1) upon a
showing of reasonably unforeseeable extraordinary hardship and good
cause that a variance is necessary. In connection with the issuance of an
emergency variance, the executive officer may waive the requirements
of section (d)(6). No emergency variance may extend for a period of
more than 45 days. If the applicant for an emergency variance does not
demonstrate that he or she can comply with the provisions of section
(a)(1) or (2) within such 45-day period, an emergency variance shall not
be granted unless the applicant makes a prima facie demonstration that
the findings set forth in section (d)(4) should be made. The executive offi-
cer shall maintain a list of persons who have informed the executive offi-
cer in writing of their desire to be notified by telephone in advance of any
hearing held pursuant to this section (d)(8), and shall provide advance
telephone notice to any such person.
(9) A variance shall cease to be effective upon failure of the party to
whom the variance was granted substantially to comply with any condi-
tion.
(10) Upon the application of any person, the executive officer may re-
view and for good cause modify or revoke a variance from the require-
ments of section (a)(1) or (2) after holding a hearing in accordance with
the provisions of sections (d)(2) and (d)(3).
(e) Sunset
This section shall not apply to gasoline sold or supplied on or after
March 1, 1996.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018, 43101 and 43830,
Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange Countv Air
Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). Reference:
Sections 39000, 39001, 39002, 39003, 39500, 39515, 39516, 39606, 41511,
43000, 43016, 43018, 43101 and 43830, Health and Safety Code; and Western Oil
and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal. 3d 411,
121 Cal. Rptr. 249 (1975).
History
1. New section filed 5-6-91; operative 5-6-91 (Register 91, No. 24).
2. Change without regulatory effect amending subsection (c) filed 9-17-91 pur-
suant to section 100, title 1, California Code of Regulations (Register 92, No.
4).
3. Amendment of subsection (a)(3)(B) and new subsection (a)(3)(C) filed
10-14-92; operative 10-14-92 pursuant to Government Code section
1 1346.2(d) (Register 92, No. 42).
4. Amendment of section heading and subsections (a), (a)(l)(B)(i), (a)(1)(B)(v),
(a)(2)(B)(i), (a)(2)(B)(iii) and (a)(3)(B) and new subsection (a)(3)(C) filed
1 1-16-92; operative 12-16-92 (Register 92, No. 47).
5. New subsections (a)(3)(D)-(D)(3) and amendment of subsections (c)(1)-(2)
tiled 9-1-94; operative 9-1-94 (Register 94, No. 35).
6. Repealer of subsection (e), subsection relettering and amendment of Note filed
2-1 5-95; operative 2-15-95 pursuant to Government Code section 1 1 343.4(d)
(Register 95, No. 7).
7. Amendment of subsections (c)(1)— (2) filed 8-7-95; operative 8-7-95 pursuant
to Government Code section 11343.4(d) (Register 95, No. 32).
§ 2252. Sulfur Content of Gasoline Represented as
Unleaded Sold Before April 1, 1996.
(a) No person shall sell, offer for sale, or supply in California, as a fuel
for motor vehicles, any gasoline represented as unleaded which has a sul-
fur content greater than 300 parts per million by weight.
(b) The maximum sulfur content limitations specified in subsection (a)
shall be determined by ASTM Test Method 2622-87, or any other test
method determined by the executive officer to give equivalent results.
(c) For the purpose of this section,
"Motor Vehicle" has the same meaning as defined in Section 415 of
the Vehicle Code.
(d)(1) Any person who cannot comply with the requirements set forth
in subsection (a) because of extraordinary reasons beyond the person's
reasonable control may apply to the executive officer for a variance. The
application shall set forth:
(A) the specific grounds upon which the variance is sought;
(B) the proposed date(s) by which compliance with the provisions of
subsection (a) will be achieved; and
(C) a plan reasonably detailing the method by which compliance will
be achieved.
(2) Upon receipt of an application for a variance containing the infor-
mation required in subsection (d)(1), the executive officer shall hold a
hearing to determine whether, and under what conditions and to what ex-
tent, a variance from the requirements established by subsection (a) is
necessary and will be permitted. Notice of the time and place of the hear-
ing shall be sent to the applicant by certified mail not less than 20 days
prior to the hearing. Notice of the hearing shall also be submitted for pub-
lication in the California Regulatory Notice Register and sent to every
person who requests such notice, not less than 20 days prior to the hear-
ing.
(3) At least 20 days prior to the hearing, the application for the variance
shall be made available to the public for inspection. Interested members
of the public shall be allowed a reasonable opportunity to testify at the
hearing and their testimony shall be considered.
(4) No variance shall be granted unless all of the following findings are
made:
(A) that, because of reasons beyond the reasonable control of the
applicant, requiring compliance with subsections (a) would result in an
extraordinary economic hardship;
(B) that the public interest in mitigating the extraordinary hardship to
the applicant by issuing the variance outweighs the public interest in
avoiding any increased emissions of air contaminants which would result
from issuing the variance.
(C) that the compliance plan proposed by the applicant can reasonably
be implemented and will achieve compliance as expeditiously as possi-
ble.
(5) Any variance order shall specify final compliance date by which
the requirements in subsection (a) will be achieved. Any variance order
shall also contain a condition that specified increments of progress neces-
sary to assure timely compliance be achieved, and such other conditions,
including limitations on the sulfur content of unleaded gasoline or diesel
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§2253
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
fuel produced for use in motor vehicles, that the executive officer, as a
result of the testimony received at the hearing, finds necessary to carry
out the purposes of Division 26 of the Health and Safety Code.
(6) The executive officer may require, as a condition of granting a vari-
ance, that a cash bond, or a bond executed by two or more good and suffi-
cient sureties or by a corporate surety, be posted by the party to whom the
variance was granted to assure performance of any construction, alter-
ation, repair, or other work required by the terms and conditions of the
variance. Such bond may provide that, if the party granted the variance
fails to perform such work by the agreed date, the cash bond shall be for-
feited to the state board, or the corporate surety or sureties shall have the
option of promptly remedying the variance default or paying to the state
board an amount, up to the amount specified in the bond, that is necessary
to accomplish the work specified as a condition of the variance.
(7) No variance from the requirements set forth in subsection (a) based
on a plan for compliance which includes the installation of major addi-
tional equipment shall have a duration of more than three years.
(8) No variance which is issued due to conditions of breakdown, re-
pair, or malfunction of equipment shall have a duration, including exten-
sions, of more than six months.
(9) The executive officer may. after holding a hearing without comply-
ing with the provisions of subsections (d)(2) and (3), issue an emergency
variance to a person from the requirements of subsection (a) upon a
showing or reasonably unforeseeable extraordinary hardship and good
cause that a variance is necessary. In connection with the issuance of an
emergency variance, the executive officer may waive the requirements
of subsection (d)(6). No emergency variance may extend for a period of
more than 45 days. If the applicant for an emergency variance does not
demonstrate that he or she can comply with the provisions of subsection
(a) within such 45-day period, an emergency variance shall not be
granted unless the applicant makes a prima facie demonstration that the
findings set forth in subsection (d)(4) should be made. The executive of-
ficer shall maintain a list of persons who have informed the executive of-
ficer in writing of their desire to be notified by telephone in advance of
any hearing held pursuant to this paragraph (d)(9), and shall provide ad-
vance telephone notice to any such person.
(10) A variance shall cease to be effective upon failure of the party to
whom the variance was granted substantially to comply with any condi-
tion.
(11) Upon the application of any person, the executive officer may re-
view and for good cause modify or revoke a variance from the require-
ments of subsection (a) after holding a hearing in accordance with the
provisions of subsections (d)(2) and (3).
(e) This section shall not apply to gasoline sold or supplied after April
1, 1996, except for gasoline that is supplied from a small refiner's Cali-
fornia refinery prior to March 1 , 1998, and that qualifies for treatment un-
der section 2272(a).
NOTE: Authority cited: Sections 39600, 39601, 43013, 4301 8 and 43101, Health
and Safety Code; and Western Oil and Gas Ass' n. v. Orange Counts' Air Pollution
Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections
39000, 39001, 39002, 39003. 39500, 3951 5, 39516, 39606, 41511, 43000, 4301 3,
43016, 43018 and 43101 , Health and Safety Code; and Western Oil and Gas Ass 'n.
v.Orange County Air Pollution Control District, 14Cal.3d411, 121 Cal.Rptr.249
(1975).
History
1 . Amendment of section heading and new subsection (o) filed 9-25-89; operative
10-25-89 (Register 89, No. 39). For prior history, see Register 86, No. 52.
2. Amendment of subsection (a) and repealer of subsection (c) filed 7-12- 91 ; op-
erative 8-12-91 (Register 91, No. 43).
3. Change without regulatory effect amending section heading and text and relo-
cating subsections to section 2280 filed 9-17-91 pursuant to section 100, title
1, California Code of Regulations (Register 92, No. 4).
4. Amendment of section heading and subsection (b) and new subsection (c) filed
11-16-92; operative 12-16-92 (Register 92, No. 47).
§ 2253. Average Lead Content of Gasoline Manufactured
Before July 1, 1983.
NOTE: Authority cited: Sections 39600, 39601, 43013 and 43101, Health and
Safety Code; and Western Oil and GasAss'n v. Orange County Air Pollution Con-
trol District, 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections
39000-39003, 39500, 395 15,39516,41511. 43000, 43103 and 4301 1, Health and
Safety Code; and Western OilandGasAss'n. v. Orange Counts Air Pollution Con-
trol District, 14 Cal. 3d 41 1 , 1 21 Cal. Rptr. 249 (1 975).
History
1 . New section filed 2-26-76; effective thirtieth day thereafter (Register 76, No.
9).
2. New subsections (h)-(n) filed 5-22-79 as an emergency; effective upon filing
(Register 79, No. 21).
3. Exhibit A incorporated by reference into subsection (h) filed 5-22-79 as an
emergency; effective upon filing (Register 79, No. 21).
4. Amendment of subsections (i) and (j) filed 7-1 1-79 as an emergency; effective
upon filing (Register 79, No. 28).
* Amendment expiration date based upon emergency order filed 5-22-79.
5. Subsections (h)-(n) expired by own terms (Register 80, No. 2).
6. New subsections (h) and (i) filed 1-8-80 as an emergency; effective upon filing
(Register 80, No. 2). A Certificate of Compliance must be filed within 120 days
or emergency language will be repealed on 5-8-80.
7. Certificate of Compliance filed 2-1-80 (Register 80, No. 5).
8. Amendment of section heading and new subsection (j) filed 2-2-83; effective
thirtieth day thereafter (Register 83, No. 6).
9. Change without regulatory effect repealing Section 2253 filed 9-26-88 (Regis-
ter 88, No. 41).
§ 2253.1 . Exclusion of Gasoline Imported into California
from Lead Requirements.
NOTE: Authority cited: Sections 39600 and 39601, Health and Safety Code. Ref-
erence: Sections 41511, 43013, and 43101, Health and Safety Code.
History
1 . New section filed 6-14-79 as an emergency; effective upon filing (Register 79,
No. 24).
2. Expired by own terms (Register 80, No. 5).
§ 2253.2. Lead in Gasoline Sold Before January 1 , 1992.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101, Health
and Safety Code; and Western Oil & Gas Ass'n v. Orange County Air Pollution
Control District, 14 Cal.3d 411, 121 Cal.Rptr. 249 (1975). Reference: Sections
39000-39003, 39500, 39515, 39516, 41511, 43000, 43013, 43016, 43018 and
43101, Health and Safety Code; and Western Oil & Gas Ass'n v. Orange Countv
Air Pollution Control District, 14 Cal.3d 411,121 Cal.Rptr.249 (1975).
History
1 . New section filed 2-2-83; effective thirtieth day thereafter (Register 83, No. 6).
2. Amendment of subsections (c) and (m) filed 9-7-84; designated effective
10-1-84 pursuant to Government Code section 11346.2(d) (Register 84, No.
36).
3. New subsection (p) filed 7-12-91; operative 8-12-91 (Register 91, No. 43).
4. Editorial correction of subsection (k)(2) (Register 92, No. 5).
5. Change without regulatory effect repealing section filed 3-18-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 12).
§ 2253.4. Lead in Gasoline.
(a) Regulatory Standard.
(1) [Reserved]
(2) [Reserved]
(3) Starting January 1, 1994, no person shall sell, offer for sale, supply,
or offer for supply any California gasoline:
(A) which is not represented as unleaded, or
(B) which has been produced with the use of any lead additive, or
(C) which contains more than 0.050 gram of lead per gallon or more
than 0.005 gram of phosphorus per gallon, except as provided in subsec-
tion (d).
(4) Starting January 1 , 1992, no person shall transfer a consumer gaso-
line additive containing lead into the fuel tank of a motor vehicle, other
than an exempt off-road motor vehicle.
(5) Starting January 1 , 1 992, no person shall sell or offer for sale a con-
sumer gasoline additive containing lead unless the additive container
bears a conspicuous legend that use of the additive in passenger cars and
other on-road vehicles is unlawful and can result in substantial penalties,
and unless the marketing of the additive is directed exclusively towards
use in exempt off-road motor vehicles and nonvehicular sources.
(b) Definitions.
For the purposes of this section:
(1) "California gasoline" means gasoline sold or intended for sale as
a motor vehicle fuel in California.
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§2257
(2) "Consumer gasoline additive" means any gasoline additive which
is designed or marketed to be dispensed into the gasoline tank used to fuel
a gasoline engine.
(3) "Exempt off-road vehicle" means any special construction equip-
ment as defined in sections 565 and 570 of the Vehicle Code, and any im-
plement of husbandry as defined in sections 36000 et seq. of the Vehicle
Code.
(4) "Gasoline" means any fuel which is commonly or commercially
known or sold as gasoline, or which is a mixture of any fuel commonly
known or sold as gasoline and alcohol.
(5) "Lead additive" means any substance containing lead or leadcom-
pounds.
(6) "Motor vehicle" has the same meaning as defined in section 415
of the Vehicle Code.
(7) "Retail outlet" means any establishment at which gasoline is sold
or offered for sale to the general public for use in motor vehicles other
than exempt off-road vehicles.
(8) "Supply" means to provide or transfer a product to a physically
separate facility, vehicle, or transportation system.
(c) Test Methods.
The lead content of gasoline shall be determined in accordance with
American Society of Testing and Materials (ASTM) Method D3237-79,
which is incorporated herein by reference. The phosphorous content of
gasoline shall be determined in accordance with ASTM Method
D3231-73, which is incorporated herein by reference.
(d) Exemptions.
Subsections (a)(1) and (3) shall not apply to California gasoline sold,
offered from sale, supplied, or offered for supply by a person who dem-
onstrates that:
(i) The gasoline is conspicuously identified as a fuel which may not-
Iawfully be dispensed to motor vehicles other than exempt off-road ve-
hicles; and
(ii) He or she has taken reasonable precautions to assure that the gaso-
line will not be sold or offered for sale at a retail outlet; and
(iii) Either the gasoline is being directly dispensed into the fuel tank
of an exempt off-road vehicle, or the gasoline is the subject of a declara-
tion under penalty of perjury by the purchaser, offeree or recipient stating
that he or she will not sell, offer for sale, supply, or offer for supply the
gasoline for use in motor vehicles other than exempt off-road vehicles.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101, Health
and Safety Code; and Western Oil & Gas Ass' n. v. Orange County Air Pollution
Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections
39000, 39001, 39002, 39003, 39500, 43000, 43013, 43016, 43018, and 43101,
Health and Safety Code; and Western. Oil and Gas Ass '«.. v. Orange County Air
Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975).
History
1. New section filed 7-12-91; operative 8-12-91 (Register 91, No. 43).
2. Change without regulatory effect amending subsection (a)(3) filed 9-17-91
pursuant to section 1 00, title 1 , California Code of Regulations (Register 92, No.
4).
3. Editorial correction of subsection (a)(1) (Register 95, No. 43).
4. Change without regulatory effect repealing subsections (a)(1) and (a)(2) filed
3- 1 8-96 pursuant to section 1 00, title 1 , California Code of Regulations (Regis-
ter 96, No. 12).
§ 2254. Manganese Additive Content.
(a) Except as provided in subparagraph (b), no person shall add man-
ganese or any manganese compound, including the compound methylcy-
clopentadienyl manganese tricarbonyl (MMT), to gasoline represented
as unleaded intended to be sold, offered for sale, or delivered for sale at
retail in the State of California.
(b) The prohibitions set forth in subparagraph (a) shall not apply to any
person who has applied for and received from the Executive Officer writ-
ten approval to add manganese or any manganese compound, including
MMT, to gasoline represented as unleaded for the purpose of conducting
tests or research into the effect thereof on vehicle emissions, fuel econo-
my, performance, or for other related research objectives.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101, Health
and Safety Code; and Western Oil and Gas Ass' n. v. Orange County Air Pollution
Control District, 14 Cal. 3d 411, 121 Cal Rptr. 249 (1975). Reference: Sections
39000-39003, 39500, 39515, 39516, 43000,43013 and 43101 , Health and Safely
Code: and Western Oil and Gas Ass' n v. Oram>eCounh>APCD. l4Cal3d.411, 121
Cal. Rptr 249 (1975).
History
1. New section filed 8-1-77; effective thirtieth day thereafter (Register 77, No.
32).
2. Amendment filed 10-25-77 as an emergency; effective upon filing. Certificate
of Compliance included (Register 77, No. 44).
3. Amendment of NOTE filed 3-3-83; effective thirtieth day thereafter (Register
83, No. 10).
4. Amendment of subsections (a) and (b) filed 7-12-91; operative 8-12-91 (Reg-
ister 91, No. 43).
§ 2255. Sulfur Content of Diesel Fuel.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018, and 43101 of the
Health and Safety Code, and Western Oil and Gas Ass'n. v. Orange County Air
Pollution Control District, 14 Cal. 3d 41 1, 121 Cal. Rptr. 249 (1975). Reference:
Sections 39000, 39001, 39002, 39003, 39500, 39515, 39516, 41511, 43000,
43016, 43018, and 43101, Health and Safety Code, and Western Oil and Gas
Ass'n. v. Orange County Air Pollution Control District, 14 Cal. 3d 41 1, 121 Cal.
Rptr. 249(1975).
History
1. New section filed 9-25-89; operative 10-25-89 (Register 89, No. 39).
2. Amendment of subsection(a) filed 10-9-90;operative 11-8-90 (Register 90,
No. 45).
3. Change without regulatory effect renumbering former section 2255 to section
2281 filed 9-17-91 pursuant to section 100, title 1, California Code of Regula-
tions (Register 92, No. 4).
§ 2256. Aromatic Hydrocarbon Content of Diesel Fuel.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101 of the
Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air
Pollution Control District, 14 Cal. 3d 41 1, 121 Cal. Rptr. 249 (1975). Reference:
Sections 39000, 39001, 39002, 39003, 39500, 39515, 39516, 41511, 43000,
43016, 4301 8 and 43 101 , Health and Safety Code; and Western Oil and Gas Ass 'n.
v. Orange County Air Pollution Control District, 14 Cal. 3d 41 1, 121 Cal. Rptr.
249(1975).
History
1. New section filed 9-25-89; operative 10-25-89 (Register 89, No. 39).
2. Change without regulatory effect renumbering former section 2256 to section
2282 filed 9-17-91 pursuant to section 100, title 1, California Code of Regula-
tions (Register 92, No. 4).
§ 2257. Required Additives in Gasoline.
(a) Regulatory Standard.
(1) On or after January 1 , 1992, no person shall sell, offer for sale, sup-
ply, or offer for supply any California gasoline unless at the time of the
transaction:
[i] the producer, importer, or distributor of the gasoline has been issued
a currently effective certification for California gasoline pursuant to sub-
section (c), originally dated no earlier than July 1 , 1996. Existing certifi-
cations dated between July 1, 1996 and July 16, 1999 that meet the stan-
dards described in subsection (c)(l)(A)(i) and (c)(l)(A)(ii) [including
those which used test method ASTM D 5500-94] are exempted from
subsection (c)(l)(A)(iii), and
[ii] the gasoline contains at least the minimum concentration of the ad-
ditive or additives identified in the final application for certification.
(2) Subsection (a)(1) shall not apply to transactions where the person
selling, supplying, or offering the gasoline demonstrates that:
[i] the gasoline has not yet been sold, offered, or supplied from the final
distribution facility, and either
[ii] the person has taken reasonably prudent precautions to assure that
he or she will bring the gasoline into satisfaction with the requirements
of subsection (a)(1) before it is sold, supplied or offered from the final
distribution facility, or
[iii] at or before the time of the transaction the person has obtained a
written statement from the purchaser, recipient, or offeree of the gasoline
stating that he or she is a distributor who has been issued a currently effec-
tive certification pursuant to subsection (c), and will cause the gasoline
to satisfy the requirements of subsection (a)(1) before it is sold, supplied
or offered from the final distribution facility.
(3) Subsection (a)(l)[ii] shall not apply to the sale, supply, or offer of
gasoline from a final distribution facility where the person selling, sup-
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§2257
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
plying, or offering the gasoline demonstrates that the gasoline will be cor-
rected to comply with section (a)(l)[ii] prior to the sale of gasoline from
the retail outlet to be dispensed into motor vehicles. If such corrective ac-
tion is taken, the producer, importer, or distributor of the gasoline must
notify the Compliance Division of the Air Resources Board by telephone
or in writing within 2 business days of the correction and must maintain
records to document each occurrence in accordance with subsection (d).
(4) For the purposes of subsection (a)(1), each sale of gasoline at retail
for use in a motor vehicle, and each supply of gasoline into a motor ve-
hicle fuel tank, shall also be deemed a sale or supply by any person who
previously sold or supplied such gasoline in violation of subsection
(a)(1).
(b) Definitions.
For the purposes of this section:
(1) "Additive" means any substance or mixture of substances that is
intentionally added to gasoline for the purpose of reducing or preventing
fuel injection system or intake valve deposits, and that is not intentionally
removed prior to the gasoline's sale or use.
(2) "Bulk purchaser-consumer" means a person who purchases or
otherwise obtains gasoline in bulk and then dispenses it into the fuel tanks
of motor vehicles owned or operated by the person.
(3) "California gasoline" means gasoline sold or intended for sale as
a motor vehicle fuel in California.
(4) "Chemical composition" means the name, percentage by weight,
and chemical identification of each compound in an additive.
(5) "Distributor" means any person who transports or stores or causes
the transportation or storage of gasoline, produced or imported by anoth-
er person, at any point between any producer's or importer's facility and
any retail outlet or wholesale purchaser-consumer's facility.
(6) "Final distribution facility" means the stationary gasoline transfer
point from which gasoline is transferred into the cargo tank truck, pipe-
line, or other delivery vessel from which the gasoline will be delivered
to the facility at which the gasoline will be dispensed into motor vehicles.
(7) "Gasoline" means any fuel which is sold or intended for sale as a
California motor vehicle fuel and is either: (a) commonly or commercial-
ly known or sold as gasoline, or (b) any fuel blend of gasoline as defined
in (a) and alcohol in which the portion of gasoline is more than 50 percent
of the total blend.
(8) "Gasoline production facility" means a facility in California at
which gasoline is produced; it does not include a facility whose sole oper-
ation is to transfer gasoline or to blend additives into gasoline.
(9) "Importer" means any person who first accepts delivery of gasoline
in California.
(10) "Import facility" means the facility at which imported gasoline is
first received in California, including, in the case of gasoline imported by
cargo tank and delivered directly to a facility for dispensing gasoline into
motor vehicles, the cargo tank in which the gasoline is imported.
(11) "Motor vehicle" has the same meaning as defined in section 415
of the Vehicle Code.
(12) "Produce" means to convert liquid compounds which are not gas-
oline into gasoline.
(13) "Producer" means any person who produces California gasoline
in California.
(14) "Retail outlet" means any establishment at which gasoline is sold
or offered for sale for use in motor vehicles.
(15) "Supply" means to provide or transfer a product to a physically
separate facility, vehicle, or transportation system.
(c) Certification Requirements.
(1)(A) No gasoline formulation shall be certified under this subsection
(c) unless the applicant for certification demonstrates each of the follow-
ing to the executive officer's satisfaction:
(i) The gasoline formulation meets a maximum of 50 milligrams aver-
aged over all intake valves when tested in accordance with ASTM D
5500-98, which is incorporated herein by reference. As an alternative,
intake valve deposits may be tested in accordance with subsection
(c)(l)(A)(iii).
(ii) The gasoline formulation does not result in a flow loss of more than
five percent for any fuel injector when tested in accordance with ASTM
D 5598-95a, which is incorporated herein by reference.
(iii) The gasoline formulation meeting the requirements of
(c)(l)(A)(i), does not result in more than 1300 milligrams total deposit
weight, averaged over all four combustion chambers, or, does not result
in more than 140 percent total deposit weight from all four combustion
chambers, relative to the gasoline formulation containing no additive,
when tested in accordance with the Stationary Source Division's Test
Method for Evaluating Intake Valve and Combustion Chamber Deposits
in Vehicle Engines, dated March 12, 1999, which is incorporated herein
by reference.
(B) The executive officer may approve alternative test procedures for
demonstrating satisfaction with any of the performance criteria set forth
in subsection (c)(1)(A) if an applicant or potential applicant demon-
strates to the executive officer's satisfaction that a gasoline formulation
which meets the performance criteria of the alternative test procedure
would also meet the performance criteria specified in subsection
(c)(1)(A).
(2) Any producer, importer, or distributor may apply to the executive
officer for certification of a gasoline formulation in accordance with this
subsection (c). The application shall be in writing and shall include, at a
minimum, the following:
(A) The name and chemical composition of the additive or additives
in the gasoline formulation, except that if the chemical composition is not
known to either the applicant or to the manufacturer of the additive (if
other than the applicant), the applicant may provide a full disclosure of
the chemical process of manufacture of the additive in lieu of its chemical
composition.
(B) The minimum concentration of each additive in the gasoline for-
mulation in terms of gallons of additive per thousand gallons of gasoline.
(C) The results of tests conducted on the gasoline formulation pursuant
to the test procedures set forth in subsection (c)(1), all data generated by
the tests, the identity of the entity which conducted each test, and a de-
scription of the quality assurance and quality control procedures used
during the testing.
(D) Data demonstrating that the fuel used for certification testing
("certification test fuel") is representative of the gasoline formulation for
which certification is requested. Properties of the certification test fuel
must be at least 80 percent of the maximum properties of the gasoline for-
mulation to be certified for the following: aromatic hydrocarbon content,
olefin content, sulfur content, and oxygen content. The T90 distillation
temperature of the certification test fuel cannot be less than 40 °F below
the gasoline formulation for which certification is requested. All other
certification test fuel properties must be representative of typical com-
mercial gasoline.
(E) Data demonstrating how the certification test fuel was produced
including a list of blend stocks, such as reformate, oxygenates, cracked
stocks, alkylate, isomerate, straight run stocks and any other blend
stocks, along with the percentage of the total which each blend stock
comprises. Data may also be requested which demonstrates that the certi-
fication test fuel blend stocks are representative of typical California re-
finery blend stocks used for the production of California gasoline.
(F) The theoretical mechanism of action (if known) of the additive in
meeting any of the performance criteria set forth in subsection (c)(1)(A).
(G) Copies of all material pertaining to the additive or additives in the
gasoline formulation, submitted by the applicant to the U.S. Environ-
mental Protection Agency pursuant to 40 CFR sections 79.6, 79.10 and
79.1 1. If the applicant has submitted no such material, copies of all mate-
rial pertaining to the additive or additives in the gasoline formulation,
submitted by the additive manufacturer to the U. S. Environmental Pro-
tection Agency pursuant to 40 CFR sections 79.6, 79.20 and 79.21.
(H) A test method reasonably adequate for determining the presence
and concentration of each additive in the gasoline, including test method
Page 248
Register 2007, No. 49; 12-7-2007
Title 13
Air Resources Board
§2258
reproducibility. The test method may involve identification of the pres-
ence of a surrogate marker substance if the applicant demonstrates that
such test method will adequately demonstrate the presence and concen-
tration of the additive.
(3) Within 30 days of receipt of an application, the executive officer
shall advise the applicant in writing either that it is complete or that speci-
fied additional information is required to make it complete. Within 30
days of submittal of additional information, the executive officer shall
advise the applicant in writing either that the application is complete, or
that specified additional information or testing is still required before it
can be deemed complete.
(4) If the executive officer finds that an application meets the require-
ments of this section and determines that the applicant has satisfactorily
made the demonstrations identified in subsection (c)(1), then he or she
shall issue an Executive Order certifying the gasoline fuel formulation.
The executive officer shall act on a complete application within 30 days
after the application is deemed complete.
(5) If the executive officer determines that the gasoline sold by a pro-
ducer, importer or distributor contains the minimum concentration of ad-
ditives identified in an applicable certification, but substantially fails to
meet the performance criteria set forth in subsection (c)(1), the executive
officer shall revoke or modify the prior certification as is necessary to as-
sure that gasoline sold by the producer, importer or distributor meets the
performance criteria set forth in subsection (c)(1). The executive officer
shall not revoke or modify a prior certification order without first afford-
ing the applicant for the certification an opportunity for a hearing in ac-
cordance with title 17, California Code of Regulations, part III, chapter
1, subchapter 1 , article 4 (commencing with section 60040). If the execu-
tive officer determines that a producer, importer or distributor would be
unable to comply with this regulation as a direct result of a certification
revocation or modification pursuant to this subsection, the executive of-
ficer may delay the effective date of such revocation or modification for
such period of time as is necessary to permit the person to come into com-
pliance in the exercise of all reasonable diligence.
(d) Recordkeeping.
(1) Each producer, importer, and distributor who has been issued a cer-
tification pursuant to subsection (c) must maintain records identifying
each facility at which he or she adds an additive to California gasoline in
order to comply with subsection (a)(1). For each such facility, the pro-
ducer, importer or distributor must compile records showing on a month-
ly basis for each grade of gasoline:
[i] the volume of California gasoline supplied from the facility by the
producer, importer or distributor,
[ii] the volume of California gasoline to which the producer, importer
or distributor added the additive to comply with subsection (a)(1), and
[iii] the name and volume of each additive (or additive package) added
to the California gasoline fuel. Records covering a month must be com-
piled no later than 30 days after the end of the month, and must be retained
for at least two years after the end of the month.
(2) Any person required by subsection (d)(1) to compile and retain re-
cords must provide to the executive officer any such records within 20
days of a written request received from the executive officer or his/her
designee before expiration of the period during which the records are re-
quired to be retained. Whenever such a person fails to provide records re-
garding a volume of California gasoline in accordance with this subsec-
tion (d)(2), the volume of California gasoline will be presumed to have
been sold by the person in violation of subsection (a)(1).
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018, and 43101 of the
Health and Safety Code, and Western Oil and Gas Ass'n. v. Orange County Air
Pollution Control District, 14 Cal.3d 411, 121 Cal.Rptr. 249 (1975). Reference:
Sections 39000, 39001, 39002, 39003, 39500, 39515, 39516, 41511, 43000,
43016, 43018, and 43101, Health and Safety Code, and Western Oil and Gas
Ass 'n. v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal.
Rptr. 249 (1975).
History
1. New section filed 7-12-91 ; operative 8-12-91 (Register 91, No. 43).
2. Amendment filed 9-13-96; operative 10-13-96 (Register 96, No. 37).
3. Amendment filed 5-17-99; operative 7-16-99 (Register 99, No. 21).
§ 2258. Oxygen Content of Gasoline in the Wintertime.
(a) Regulatory Standard.
(1) Starting November 1, 1992, within each of the air basins during the
regulatory control period set forth in section (a)(2), no person shall sell,
offer for sale, supply, offer for supply, or transport California gasoline
unless the gasoline has an oxygen content of not less than 1 .8 percent by
weight and not more than 2.2 percent by weight.
(2) Regulatory Control Periods.
(A) October 1 through February 29
South Coast Air Basin and Ventura County
(B) October 1 through January 31
Sacramento Valley Air Basin
San Joaquin Valley Air Basin
San Francisco Bay Area Air Basin
Lake Tahoe Air Basin
Great Basin Valley Air Basin
Mountain Counties Air Basin
North Coast Air Basin
Lake County Air Basin
Northeast Plateau Air Basin
North Central Coast Air Basin
San Luis Obispo County
(C) November I through February 29
San Diego Air Basin
Southeast Desert Air Basin
Santa Barbara County
(3) Section (a)( 1 ) shall not apply to transactions involving gasoline not
meeting the minimum oxygen content standard where the person selling,
supplying, or offering the gasoline demonstrates by affirmative defense
that: [i] the gasoline has not yet been supplied from the final distribution
facility, and [ii] the documents accompanying such gasoline clearly state
that it does not comply with the minimum oxygen content standard in
section (a)(1), and either [iii] the person has taken reasonably prudent
precautions to assure that he or she will bring the gasoline within the stan-
dards in section (a)(1) before it is supplied from the final distribution fa-
cility, or [iv] at or before the time of the transaction the person has ob-
tained a written statement from the purchaser, recipient, or offeree of the
gasoline stating that he or she will take reasonably prudent precautions
to assure that the gasoline is brought within the standards of section (a)(1)
before it is supplied from the final distribution facility.
(4) Section (a)(1) shall not apply to a transaction occurring in an air
basin during the regulatory control period where the person selling, sup-
plying, or offering the gasoline demonstrates as an affirmative defense
that, prior to the transaction, he or she has taken reasonably prudent pre-
cautions to assure that the gasoline will be delivered to a retail service sta-
tion or bulk purchaser-consumer's fueling facility when the station or fa-
cility is not subject to a basic regulatory control period.
(5) Section (a)(1) shall not apply to a transaction occurring in an air
basin during the regulatory control period where the transaction involves
the transfer of gasoline from a stationary storage tank to a motor vehicle
fuel tank and the person selling, supplying, or offering the gasoline dem-
onstrates as an affirmative defense that the last delivery of gasoline to the
stationary storage tank occurred more than fourteen days before the start
of the regulatory control period.
(6)(A) The regulatory standards in section (a)(1) shall not apply to a
transaction occurring in the air basin during a transition period, where the
transaction involves the transfer of gasoline from a stationary storage
tank to a motor vehicle fuel tank and the person selling, supplying, or of-
fering the gasoline demonstrates as an affirmative defense that he or she
has made, prior to the transaction, specific arrangements with a gasoline
distributor for the delivery of an oxygenated or nonoxygenated gasoline
blend containing oxygenates in quantities that will result in gasoline in
the stationary storage tanks at the facility having an oxygen content of
Page 249
Register 99, No. 21; 5-21-99
§2258
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
from 1.8 percent to 2.2 percent by weight by the end of the transition peri-
od.
(B) The regulatory standards in section (a)( 1 ) shall not apply to a trans-
action occurring in an air basin during a transition period, where the
transaction involves the sale, offer for sale, supply, offer for supply, or
transport of gasoline to a retail gasoline outlet or bulk purchaser-con-
sumer's facility and the person selling, supplying, or offering the gaso-
line demonstrates as an affirmative defense that the gasoline is being dis-
tributed pursuant to a prior arrangement to deliver oxygenated or
nonoxygenated gasoline to bring the retail gasoline outlet or bulk pur-
chaser-consumer's facility into compliance with the regulatory stan-
dards in section (a)(1) by the end of the transition period.
(7) Section (a)(1) shall not apply to a transaction involving the sale,
offer for sale, supply, or offer for supply of gasoline to a stationary stor-
age tank at a retail gasoline outlet, or the transfer of gasoline from a sta-
tionary storage tank at a retail gasoline outlet to a motor vehicle fuel tank,
if the person selling, offering, or supplying the gasoline demonstrates by
affirmative defense all of the following:
(A) The retail gasoline outlet is within Modoc, Lassen, Sierra, Nevada,
Placer, El Dorado, Alpine, Mono, Inyo, or San Bernardino counties, and
is not within the Lake Tahoe or Sacramento Valley Air Basins.
(B) The final distribution facility from which the gasoline is being or
has been delivered is outside California.
(C) The gasoline is being or has been delivered to the stationary stor-
age tank by a tank truck having a total capacity not exceeding 4500 gal-
lons.
(D) The stationary storage tank at the retail gasoline outlet has a total
capacity not exceeding 2500 gallons, and
(E) The retail gasoline outlet has a monthly throughput not exceeding
10,000 gallons.
(8) For the purposes of section (a)(1), each sale of California gasoline
at retail, and each dispensing of California gasoline into a motor vehicle
fuel tank, shall also be deemed a sale or supply by any person who pre-
viously sold or supplied such gasoline in violation of section (a)(1).
(b) Definitions.
For the purposes of this section:
(1) "Bulk purchaser-consumer" means a person who purchases or
otherwise obtains gasoline in bulk and then dispenses it into the fuel tanks
of motor vehicles owned or operated by the person.
(2) "California gasoline" means gasoline sold or intended for sale as
a motor vehicle fuel in California.
(3) "Distributor" means any person engaged in the business of trans-
porting and delivering gasoline to a retail gasoline outlet or bulk purchas-
er-consumer's facility.
(4) "Final distribution facility" means the stationary gasoline transfer
point from which gasoline is transferred into the cargo tank truck, pipe-
line, or other delivery vessel from which the gasoline will be delivered
to the facility at which the gasoline will be dispensed into motor vehicles;
except that a cargo tank truck is the final distribution facility where the
cargo tank truck is used to transport gasoline and carries written docu-
mentation demonstrating that oxygenates, in quantities that will bring the
gasoline into compliance with section 2258(a)(1), will be or have been
blended directly into the cargo tank truck prior to delivery of the gasoline
from the cargo tank truck to the facility at which the gasoline will be dis-
pensed into motor vehicles.
(5) "Gasoline means any fuel which is commonly or commercially
known or sold as gasoline.
(6) "Motor vehicle" has the same meaning as defined in section 415
of the Vehicle Code.
(7) "Northern California" means the area of California not contained
within the South Central Coast, South Coast, Southeast Desert and San
Diego Air Basins.
(8) "Southern California" means the area of California contained with-
in the South Central Coast, South Coast, Southeast Desert and San Diego
Air Basins.
(9) "Supply" means to provide or transfer a product to a physically
separate facility, vehicle, or transportation system.
(10) "Transition period" means:
a. the first 15 days of any October regulatory control period.
b. November 1 to November 15, 1992, and
c. November 1 through November 1 5 of 1 993, 1 994, or 1 995 in the San
Diego Air Basin, the Southeast Desert Air Basin, and Santa Barbara
County.
(c) Sampling Procedures and Test Methods.
Compliance with the oxygen content standards in this regulation shall
be determined by use of an applicable sampling methodology set forth
in Title 13, California Code of Regulations, section 2296, and use of
American Society for Testing and Materials Test Method ASTM D
4815-94, which is incorporated herein by reference. Another test method
may be used following a determination by the executive officer that the
other method produces results equivalent to the results obtained with
ASTM D 4815-94.
(d) Inability to Produce Conforming Gasoline in Extraordinary Cir-
cumstances.
In appropriate extreme and unusual circumstances (e.g., natural disas-
ter or Act of God) which are clearly outside the control of the refiner, im-
porter, or oxygenate blender and which could not have been avoided by
the exercise of prudence, diligence, and due care, the executive officer
may permit a refiner, importer, or oxygenate blender, for a brief period,
to distribute gasoline which does not meet the requirements in section
(a)(1) if:
(1) It is in the public interest to do so (e.g., distribution of the noncon-
forming gasoline is necessary to meet projected shortfalls which cannot
otherwise be compensated for);
(2) The refiner, importer, or oxygenate blender exercised prudent
planning and was not able to avoid the violation and has taken all reason-
able steps to minimize the extent of the nonconformity;
(3) The refiner, importer, or oxygenate blender can show how the re-
quirements for oxygenated gasoline will be expeditiously achieved;
(4) The refiner, importer, or oxygenate blender agrees to make up air
quality detriment associated with the nonconforming gasoline, where
practical; and
(5) The refiner, importer, or oxygenate blender pays to the Air Pollu-
tion Control Fund an amount equal to the economic benefit of the non-
conformity minus the amount expended, pursuant to section (d)(4), in
making up the air quality detriment.
(e) Effect of Supply Waiver Under Federal Clean Air Act.
(1) If the Administrator of the U.S. Environmental Protection Agency
issues, pursuant to 42 U.S.C. section 7545(m)(3)(C), a waiver of the re-
quirements of 42 U.S.C. section 7545(m)(2) applicable to a geographic
area or areas of California, the requirements of section (a)(1) shall not ap-
ply in any air basin containing an area covered by the waiver, during the
effective period of the waiver.
(2) If the Administrator of the U.S. Environmental Protection Agency
issues, pursuant to 42 U.S.C. section 7545(m)(3)(C), a waiver of the re-
quirements of 42 U.S.C. section 7545(m)(2) applicable to a geographic
area or areas within Southern California, section (a)(1) shall not apply,
during the effective period of the waiver, in any air basin in Southern Cal-
ifornia not containing any area required under 42 U.S.C. section 7545(m)
to have a wintertime oxygenates program.
(3) If the Administrator of the U.S. Environmental Protection Agency
issues, pursuant to 42 U.S.C. section 7545(m)(3)(C), a waiver of the re-
quirements of 42 U.S.C. section 7545(m)(2) applicable to a geographic
area or areas within Northern California, section (a)(1) shall not apply,
during the effective period of the waiver, in any air basin in Northern Cal-
ifornia not containing any area required under 42 U.S.C. section 7545(m)
to have a wintertime oxygenates program.
(f) Sunset. This section shall not apply to gasoline sold or supplied af-
ter February 29, 1996.
Page 250
Register 99, No. 21; 5-21-99
Title 13
Air Resources Board
§2260
•
•
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101, Health
and Safety Code; and Western Oil unci Gas Ass' n. v. Orange County Air Pollution
Control District, 14 Cal.3d 41 1, 121 Cal.Rptr. 249 (1975). Reference: Sections
39000. 39001, 39002, 39003, 39500, 39515, 39516, 4151 1, 43000, 43016, 43018
and 43101, Health and Safety Code; and Western Oil and Gas Ass' n. v. Orange
County Air Pollution Control District, 14 Cal.3d 41 1, 121 Cal.Rptr. 249 (1975).
History
1. New section filed 10-14-92; operative 10-14-92 pursuant to Government
Code section 1 1346.2(d) (Register 92, No. 42).
2. Amendment of subsections (a)(2)(B)-(C) and (a)(6)(B), new subsections
(a)(7)-(a)(7)(E) and subsection redesianation and amendment of subsections
(b)(10)(C)-(c) filed 9-1-94; operative 9-1-94 (Register 94, No. 35).
3. Amendment of subsection (c) filed 8-7-95; operative 8-7-95 pursuant to Gov-
ernment Code section 1 1343.4(d) (Register 95, No. 32).
§ 2259. Exemptions for Motor Vehicle Fuels Used in Test
Programs.
(a)( 1 ) Any person may request an exemption for fuel used in a test pro-
gram by submitting an application to the executive officer that includes
all the information listed in paragraphs (c), (d), (e), and (0 of this section.
(2) For the purpose of this section, "fuel requirement" means any re-
quirement for a motor vehicle fuel established in Chapter 5 (Standards
for Motor Vehicle Fuels) of Division 3, Title 13, California Code of Reg-
ulations.
(3) For the purpose of this section, "exemption" means an exemption
from one or more fuel requirements that is granted by the executive offi-
cer for the purpose of research, motor vehicle or engine emissions certifi-
cation, fuel certification or registration, or fuel additive certification or
registration.
(4) For the purpose of this section, "test track" means a roadway that
is closed to the general public, is used to test motor vehicles or motor ve-
hicle fuels, and is not used to transport persons or property.
(b)(1) In order for an exemption to be granted, the applicant must dem-
onstrate the following:
(A) The proposed test program has a purpose that constitutes an appro-
priate basis for exemption;
(B) The proposed test program necessitates the granting of an exemp-
tion;
(C) The proposed test program exhibits reasonableness in scope; and
(D) The proposed test program exhibits a degree of control consistent
with the purpose of the program and the state board's monitoring require-
ments.
(2) Paragraphs (c), (d), (e), and (0 of this section describe what consti-
tutes a sufficient demonstration for each of the four elements in para-
graphs (b)(1)(A) through (D) of this section.
(3) Within 20 days of receipt of an application for an exemption, the
executive officer shall advise the applicant in writing either that the appli-
cation is complete or that specified additional information is required to
make it complete. Within 15 days of submittal of additional information,
the executive officer shall advise the applicant in writing either that the
information submitted makes the application complete or that specified
additional information is still required to make it complete. Within 20
days after the application is deemed complete, the executive officer shall
grant or deny the application. Any denial shall be accompanied by a writ-
ten statement of the reasons for denial.
(c) An appropriate purpose is limited to research, motor vehicle or en-
gine emissions certification, fuel certification or registration, or fuel ad-
ditive certification or registration. The exemption application must in-
clude a concise statement of the purpose(s) of the proposed test program.
(d) With respect to the necessity for an exemption, the applicant must
identify each specific fuel requirement that would be violated by the test
program, and demonstrate an inability to achieve the stated purpose in a
practical manner without violating the identified fuel requirement(s). If
any site of the proposed test program is located in an area that is classified
as a nonattainment area for purposes of a state or federal ambient air qual-
ity standard, and the fuel requirement that would be violated is designed
to reduce emissions of the pollutant, or a precursor of the pollutant, for
which the area is classified as a nonattainment area, the applicant must
also demonstrate a practical inability to perform the test program in an
area that is in attainment with respect to that pollutant.
(e) With respect to reasonableness, a test program must exhibit a dura-
tion of reasonable length, affect a reasonable number of vehicles or en-
gines, and utilize a reasonable amount of noncomplying fuel. In this re-
gard, the application for exemption must include:
(1) An estimate of the program's duration;
(2) An estimate of the maximum number of vehicles or engines in-
volved in the program;
(3) The time or mileage duration of the test program;
(4) The range of the noncomplying properties of the fuel expected to
be used in the program, and
(5) The quantity of fuel which exceeds the applicable standard that is
expected to be used in the program.
(f)With respect to control, a program must be capable of affording the
executive officer a monitoring capability. At a minimum, the application
for exemption must also include:
(1 ) The technical nature of the test program;
(2) The site(s) of the program (including the street address, city,
county, and zip code);
(3) The manner in which information on vehicles and engines used in
the program will be recorded and made available to the executive officer;
(4) The manner in which results of the program will be recorded and
made available to the executive officer;
(5) The manner in which information on the fuel used in the test pro-
gram (including noncomplying properties, name, address, telephone
number, and contact person of supplier, quantity, date received from the
supplier) will be recorded and made available to the executive officer;
(6) The manner in which the distribution pumps will be labeled to in-
sure proper use of the test fuel;
(7) The name, address, telephone number and title of the person(s) in
the organization requesting an exemption from whom further informa-
tion on the request may be obtained; and
(8) The name, address, telephone number and title of the person(s) in
the organization requesting an exemption who will be responsible for re-
cording and making the information specified in paragraphs (f)(3), (4),
and (5) of this section available to the executive officer and the location
in which such information will be maintained.
(g) An exemption shall be granted by the executive officer upon a
demonstration that the requirements of paragraphs (b), (c), (d), (e) and
(f) of this section have been met. The exemption will be granted in the
form of memorandum of exemption signed by the applicant and the ex-
ecutive officer (or his delegate), which shall include such terms and con-
ditions as the executive officer determines necessary to monitor the ex-
emption and to carry out the purpose of this section. Any violation of such
term or condition shall cause the exemption to be void.
(h) No fuel requirement shall apply to fuel used for an engine or ve-
hicle dynamometer test, or to fuel used in the testing of motor vehicles
or motor vehicle fuels on a test track.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101, Health
and Safety Code; and Western Oil and Gas Ass 'n. v. Orange County Air Pollution
Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections
39000, 39001, 39002, 39003, 39500, 39515, 39516, 4151 1, 43000, 43016, 43018
and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange
County Air Pollution Control District, 14Cal.3d411, 121 Cal. Rptr. 249 (1975).
History
1. New section filed 2-15-95; operative 2-15-95 pursuant to Government Code
section 1 1343.4(d) (Register 95, No. 7).
Subarticle 2. Standards for Gasoline Sold
Beginning March 1, 1996
§ 2260. Definitions.
(a) For the purposes of this subarticle, the following definitions apply:
(1) "Alternative gasoline formulation" means a final blend of gasoline
that is either a PM alternative gasoline formulation or a test-certified al-
ternative gasoline formulation.
Page 251
Register 2005, No. 10; 3-11-2005
§2260
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(2) "Averaging compliance option" means, with respect to a specific
gasoline property, the compliance option set forth in section 2262.3(c).
(3) "ASTM" means the American Society of Testing and Materials.
(4) "Bulk purchaser-consumer" means a person that purchases or
otherwise obtains gasoline in bulk and then dispenses it into the fuel tanks
or motor vehicles owned or operated by the person.
(5) "Bulk plant" means an intermediate gasoline distribution facility
where delivery of gasoline to and from the facility is solely by truck.
(6) "California gasoline" means:
(A) Gasoline sold, intended for sale, or made available for sale as a mo-
tor vehicle fuel in California; and
(B) Gasoline that is produced in California, and that the producer
knows or reasonably should know will be offered for sale or supply at an
out-of-state terminal or bulk plant at which it will be identified as gaso-
line produced in California and suitable for sale as a motor vehicle fuel
in California.
(6.5) "California reformulated gasoline blendstock for oxygenate
blending, or 'CARBOB,'" means a petroleum-derived liquid which is
intended to be, or is represented as, a product that will constitute Califoria
gasoline upon the addition of a specified type and percentage (or range
of percentages) of oxygenate to the product after the product has been
supplied from the production or import facility at which it was produced
or imported.
(6.6) "CaRFG Phase 2" means California Phase 2 reformulated gaso-
line.
(6.7) "CaRFG Phase 3" means California Phase 3 reformulated gaso-
line.
(6.8) "CARBOB limits" means, for a final blend of CARBOB, CAR-
BOB specifications for maximum Reid vapor pressure, sulfur content,
benzene content, olefin content, aromatic hydrocarbon content, T50 and
T90, and maximum and minimum oxygen content, expressed to the num-
ber of significant figures identified for each property in the section 2262
standards table, and for any other property identified in a certification or-
der issued by the Executive Officer pursuant to the "California Proce-
dures for Evaluating Alternative Specifications for Gasoline Using Ve-
hicle Emissions Testing," incorporated by reference in section 2266(a),
if applicable.
(7) "Designated alternative limit" means an alternative gasoline speci-
fication limit, expressed in the nearest part per million by weight for sul-
fur content, nearest hundredth percent by volume for benzene content,
nearest tenth percent by volume for aromatic hydrocarbon content, near-
est tenth percent for olefin content, and nearest degree Fahrenheit for T90
and T50, which is assigned by a producer or importer to a final blend of
California gasoline pursuant to section 2264.
(8) "Ethanol" means ethyl alcohol which meets any additional require-
ments for ethanol or ethyl alcohol in Health and Safety Code section
43830.
(9) "Executive Officer" means the executive officer of the Air Re-
sources Board, or his or her designee.
(10) "Final blend" means a distinct quantity of gasoline or CARBOB
which is introduced into commerce in California without further alter-
ation which would tend to affect a regulated gasoline specification of the
fuel.
(11) "Final distribution facility" means the stationary gasoline transfer
point from which gasoline or CARBOB is transferred into the cargo tank
truck, pipeline, or other delivery vessel from which the gasoline will be
delivered to the facility at which the gasoline will be dispensed into motor
vehicles; except that a cargo tank truck is the final distribution facility
where the cargo tank truck is used to transport CARBOB and gasoline
and carries written documentation demonstrating that the designated
type and amount or range of amounts of oxygenates designated by the
producer or importer will be or have been blended directly into the cargo
tank truck prior to delivery of the resulting gasoline from the cargo tank
truck to the facility at which the gasoline will be dispensed into motor ve-
hicles.
(12) "Flat limit compliance option" means, with respect to a specific
gasoline property, the compliance option set forth in section 2262.3(b),
section 2262.4(b)(1), or section 2262.5(c).
(13) "Further process" means to perform any activity on gasoline, in-
cluding distillation, treating with hydrogen, or blending, for the purpose
of bringing the gasoline into compliance with the standards in this subar-
ticle.
(14) "Gasoline" means any fuel that is commonly or commercially
known, sold or represented as gasoline, including any volatile mixture of
predominantly liquid hydrocarbons that is sold or represented as suitable
for use in an automotive spark-ignition engine.
(15) "Imported California gasoline" means California gasoline which
is transported into California and does not meet the definition in section
2260(a)(6)(B).
(16) "Import facility" means the storage tank to which imported Cali-
fornia gasoline or CARBOB is first delivered in California, including, in
the case of gasoline or CARBOB imported by cargo tank and delivered
directly to a facility for dispensing gasoline into motor vehicles, the cargo
tank in which the gasoline or CARBOB is imported.
(17) "Importer" means any person who first accepts delivery in Cali-
fornia of imported California gasoline.
(18) "Motor vehicle" has the same meaning as defined in section 415
of the Vehicle Code.
(19) "Oxygenate" is any oxygen-containing, ashless, organic com-
pound, such as an alcohol or ether, which, when added to gasoline in-
creases the amount of oxygen in gasoline.
(19.3) "Oxygenate blending facility" means any facility (including a
truck) at which oxygenate is added to gasoline or blendstock, and at
which the quality or quantity of gasoline is not altered in any other man-
ner except for the addition of deposit control additives or other similar
additives.
(19.6) "Oxygenate blender" means any person who owns, leases, op-
erates, controls, or supervises an oxygenate blending facility, or who
owns or controls the blendstock or gasoline used or the gasoline pro-
duced at an oxygenate blending facility.
(20) "PM alternative gasoline formulation" means a final blend of gas-
oline that is subject to a set of PM alternative specifications assigned pur-
suant to section 2265(a).
(21) "PM alternative specifications" means the specifications for the
following gasoline properties, as determined in accordance with section
2263 and expressed to the number of significant figures identified for
each property in the section 2262 standards table: maximum Reid vapor
pressure, maximum sulfur content, maximum benzene content, maxi-
mum olefin content, minimum and maximum oxygen content, maximum
T50, maximum T90, and maximum aromatic hydrocarbon content.
(22) "PM averaging compliance option" means, with reference to a
specific gasoline property, the compliance option for PM alternative gas-
oline formulations under which final blends of gasoline are assigned des-
ignated alternative limits in accordance with section 2264.
(23) "PM averaging limit" means a PM alternative specification that
is subject to the PM averaging compliance option.
(24) "PM flat limit" means a PM alternative specification that is sub-
ject to the PM flat limit compliance option.
(25) "PM flat limit compliance option" means, with reference to a spe-
cific gasoline property, the compliance option under which each gallon
of gasoline must meet the specification for the property contained in the
PM alternative specifications.
(26)(A) "Produce" means, except as otherwise provided in section
(a)(26)(B) or (a)(26)(C), to convert liquid compounds which are not gas-
oline into gasoline or CARBOB. When a person blends volumes of
blendstocks which are not gasoline with volumes of gasoline acquired
from another person, and the resulting blend is gasoline, the person con-
ducting such blending has produced only the portion of the blend which
was not previously gasoline. When a person blends gasoline with other
Page 252
Register 2005, No. 10; 3-11-2005
Title 13
Air Resources Board
§2261
volumes of gasoline, without the addition of blendstocks which are not
gasoline, the person does not produce gasoline.
(B) Where a person supplies gasoline to a refiner who agrees in writing
to further process the gasoline at the refiner's refinery and to be treated
as the producer of the gasoline, the refiner shall be deemed for all pur-
poses under this article to be the producer of the gasoline.
(C) Where an oxygenate blender blends oxygenates into CARBOB
which has already been supplied from a gasoline production facility or
import facility, and does not alter the quality or quantity of the CARBOB
or the resulting gasoline in any other manner except for the addition of
deposit control additives or other similar additives, the oxygenate blend-
er is not producing any portion of the resulting gasoline, and the producer
or importer of the CARBOB is treated as the producer or importer of the
full volume of the resulting gasoline.
(26.5) "Produced at a California production facility with the use of any
oxygenate other than ethanol or MTBE" means produced at a California
production facility in part by either (i) adding at the California production
facility any oxygenate, other than ethanol or MTBE, in neat form to the
California gasoline or to a blending component used in the gasoline; or
(ii) using a blending component that contained greater than 0. 10 weight
percent total oxygen from oxygenates other than ethanol or MTBE when
it was supplied to the California production facility.
(27) "Producer" means any person who owns, leases, operates, con-
trols or supervises a California production facility.
(28) "Production facility" means a facility in California at which gaso-
line or CARBOB is produced. Upon request of a producer, the executive
officer may designate, as part of the producer's production facility, a
physically separate bulk storage facility which (A) is owned or leased by
the producer, and (B) is operated by or at the direction of the producer,
and (C) is not used to store or distribute gasoline or CARBOB that is not
supplied from the production facility.
(28.5) "Qualifying small refiner" means a small refiner whose Califor-
nia refinery was used in 1998 and 1999 to produce and supply California
gasoline meeting the CaRFG Phase 2 standards.
(29) "Qualifying volume" means, for each small refiner, a volume of
gasoline determined in accordance with the following four steps, pro-
vided that the qualifying volume for Kern Oil & Refining Co.'s Bakers-
field refinery shall not exceed 2,920,000 barrels per year (equal to 8000
barrels per day; 2,928,000 barrels per year in leap years):
(A) First, the barrel per calendar day "operating crude oil capacity" of
the small refiner's refinery in March 1999 is identified, based on data
which are reported to the executive officer from the California Energy
Commission (CEC) and are derived from "Monthly Refinery Reports"
(E1A 810) submitted to the CEC no later than June 30, 1 999. If the CEC
is unable to derive such data from the Monthly Refinery Reports for a par-
ticular small refiner, the executive officer shall determine the small refin-
er's operating crude oil capacity in March 1999 based on other publicly
available and generally recognized sources.
(B) Second, this operating crude oil capacity is multiplied by 0.9794,
representing the highest monthly refinery operating utilization rate in the
California refining industry for January 1998 through March 1999, as
compiled in the "Monthly Refinery Capacity Data Statewide" report of
the CEC.
(C) Third, the resulting crude throughput volume is multiplied by the
refinery's highest monthly ratio of gasoline produced to crude oil dis-
tilled in January 1998 through March 1999, based on data derived by the
CEC from the Monthly Refinery Reports submitted to the CEC no later
than June 30, 1999.
(D) Fourth, the resulting gasoline volume is multiplied by 365 to iden-
tify an annualized value. In the case of leap years, the gasoline volume
is multiplied by 366 to identify the annualized value.
(29.5) "Racing vehicle" means a competition vehicle not used on pub-
lic highways.
(30) "Refiner" means any person who owns, leases, operates, controls
or supervises a refinery.
(31) "Refinery" means a facility that produces liquid fuels by distilling
petroleum.
(32) "Small refiner" means any refiner who owns or operates a refin-
ery in California that:
(A) Has and at all times had since January 1 , 1978, a crude oil capacity
of not more than 55,000 barrels per stream day;
(B) Has not been at any time since September 1, 1 988, owned or con-
trolled by any refiner that at the same time owned or controlled refineries
in California with a total combined crude oil capacity of more than
55,000 barrels per stream day; and
(C) Has not been at any time since September 1 , 1 988, owned or con-
trolled by any refiner that at the same time owned or controlled refineries
in the United States with a total combined crude oil capacity of more than
137,500 barrels per stream day.
(32.5) "South Coast Area" means the counties of Los Angeles.
Orange, Riverside, San Bernardino, and Ventura.
(33) "Stream day" means 24 consecutive hours of actual operation of
a refinery.
(34) "Supply" means to provide or transfer a product to a physically
separate facility, vehicle, or transportation system.
(35) "TC limits" means the set of specifications identified in a certifi-
cation issued by the Executive Officer pursuant to the "California Proce-
dures for Evaluating Alternative Specifications for Gasoline Using Ve-
hicle Emissions Testing," incorporated by reference in section 2266(a).
(36) "Test-certified alternative gasoline formulation" means a final
blend of gasoline that is subject to a set of specifications identified in a
certification issued by the Executive Officer pursuant to the "California
Procedures for Evaluating Alternative Specifications for Gasoline Using
Vehicle Emissions Testing," incorporated by reference in section
2266(a).
NOTE: Authority cited: Sections 39600, 39601, 43013, 43013.1, 43018 and
43101 , Health and Safety Code; and Western Oil and Gas Ass 'n. v. Oranqe Count}'
Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). Refer-
ence: Sections 39000, 39001, 39002, 39003, 39010, 39500, 39515, 39516,41511,
43000, 43013, 43013.1, 43016, 43018 and 43101, Health and Safety Code; and
Western Oil and Gas Ass' n. v. Oranqe County Air Pollution Control District, 14
Cal.3d 411, 121 Cal. Rptr. 249 (1975).
History
1. New subarticle 2 and section filed 1 1-16-92; operative 12-16-92 (Register 92,
No. 47).
2. Amendment filed 6-2-95; operative 7-3-95 (Register 95, No. 22).
3. New subsection (a)(6.5), amendment of subsections (a)(10)-(l 1) and (a)(16),
new subsections (a)(19.3) and (a)19.6), and amendment of subsections
(a)(26(A), (a)(26)(C) and (a)(28) filed 2-28-96; operative 2-28-96 pursuant to
Government Code section 11343.4(d) (Register 96, No. 9).
4. New subsections (a)(29.5) and (a)(32.5) filed 9-21-98; operative 9-21-98 pur-
suant to Government Code section 11343.4(d) (Register 98, No. 39).
5. Amendment of section and Note filed 8-3-2000; operative 9-2-2000 (Register
2000, No. 31).
6. Amendment of subsection (a)(1), new subsection (a)(6.8), amendment of sub-
sections (a)(20)-(21) and new subsections (a)(35)-(36) filed 8-20-2001; op-
erative 8-20-2001 pursuant to Government Code section 11343.4 (Register
2001, No. 34).
7. New subsection (a)(26.5) filed 5-1-2003; operative 5-1-2003 pursuant to Gov-
ernment Code section 1 1343.4 (Register 2003, No. 18).
8. Amendment of subsection (a)(16) filed 3-10-2005; operative 4-9-2005 (Reg-
ister 2005, No. 10).
§ 2261. Applicability of Standards; Additional Standards.
(a) Applicability of the CaRFG Phase 2 Standards.
( 1)(A) Unless otherwise specifically provided, the CaRFG Phase 2 cap
limit standards set forth in section 2262, and the CaRFG Phase 2 cap limit
compliance requirements in sections 2262.3(a), 2262.4(a), and 2262.5(a)
and (b), shall apply:
1. starting April 15, 1996 to all sales, supplies, offers or movements
of California gasoline except for transactions directly involving:
a. the fueling of motor vehicles at a retail outlet or bulk purchaser-con-
sumer facility, or
b. the delivery of gasoline from a bulk plant to a retail outlet or bulk
purchaser-consumer facility, and
Page 253
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§2261
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
2. starting June 1, 1996 to all sales, supplies, offers or movements of
California gasoline, including transactions directly involving the fueling
of motor vehicles at a retail outlet or bulk purchaser-consumer facility.
(B) The remaining CaRFG Phase 2 standards and requirements con-
tained in this subarticle shall apply to all sales, supplies, or offers of Cali-
fornia gasoline occurring on or after March 1, 1996.
(2) The CaRFG Phase 2 cap limit standards in section 2262 shall not
apply to transactions directly involving the fueling of motor vehicles at
a retail outlet or bulk purchaser-consumer facility, where the person sell-
ing, offering, or supplying the gasoline demonstrates as an affirmative
defense that the exceedance of the pertinent standard was caused by gas-
oline delivered to the retail outlet or bulk purchaser-consumer facility
prior to April 1 5, 1 996, or delivered to the retail outlet or bulk purchaser-
consumer facility directly from a bulk plant prior to June 1, 1996.
(b) Applicability' of the CaRFG Phase 3 Standards.
( 1 )( A) Unless otherwise specifically provided, the CaRFG Phase 3 cap
limit standards set forth in section 2262, and the CaRFG Phase 3 cap limit
compliance requirements in 2262.3(a), 2262.4(a), and 2262.5(a) and (b),
shall apply starting December 31, 2003. The CaRFG Phase 3 benzene
and sulfur content cap limit standards in section 2262, and the CaRFG
Phase 3 benzene and sulfur content cap limit compliance requirements
in 2262.3(a), shall apply:
1. starting December 31, 2003 (for the benzene content cap limit and
the 60 parts per million sulfur content cap limit) and December 31 , 2005
(for the 30 parts per million sulfur content cap limit), to all sales, supplies
or offers of California gasoline from the production facility or import fa-
cility at which it was produced or imported.
2. starting February 14, 2004 (for the benzene content cap limit and the
60 parts per million sulfur content cap limit) and February 14, 2006 (for
the 30 parts per million sulfur content cap limit) to all sales, supplies, of-
fers or movements of California gasoline except for transactions directly
involving:
a. the fueling of motor vehicles at a retail outlet or bulk purchaser-con-
sumer facility, or
b. the delivery of gasoline from a bulk plant to a retail outlet or bulk
purchaser-consumer facility, and
3. starting March 31, 2004 (for the benzene content cap limit and the
60 parts per million sulfur content cap limit) and March 31 , 2006 (for the
30 parts per million sulfur content cap limit) to all sales, supplies, offers
or movements of California gasoline, including transactions directly in-
volving the fueling of motor vehicles at a retail outlet or bulk purchaser-
consumer facility.
(B) The remaining CaRFG Phase 3 standards and compliance require-
ments contained in this subarticle shall apply to all sales, supplies, or of-
fers of California gasoline occurring on or after December 31, 2003.
(2) The CaRFG Phase 3 benzene and sulfur content cap limit standards
in section 2262 shall not apply to transactions directly involving the fuel-
ing of motor vehicles at a retail outlet or bulk purchaser-consumer facil-
ity, where the person selling, offering, or supplying the gasoline demon-
strates as an affirmative defense that the exceedance of the pertinent
standard was caused by gasoline delivered to the retail outlet or bulk pur-
chaser-consumer facility prior to February 14, 2004 (for the benzene
content limit and the 60 parts per million sulfur content limit) or February
14, 2006 (for the 30 parts per million sulfur content limit) or delivered to
the retail outlet or bulk purchaser-consumer facility directly from a bulk
plant prior to March 3 1 , 2004 (for the benzene content limit and the 60
parts per million sulfur content limit) or March 3 1 , 2006 (for the 30 parts
per million sulfur content limit).
(3) Early Compliance with the CaRFG Phase 3 Standards Before De-
cember 31, 2003.
(A) Any producer or importer wishing to supply from its production
or import facility, before December 31, 2003, any final blends of gasoline
subject to the CaRFG Phase 3 standards instead of the CaRFG Phase 2
standards may notify the executive officer of its wish to do so. The notifi-
cation shall include all of the following:
1. The approximate date by which it intends to begin supplying from
its production or import facility gasoline complying with the CaRFG
Phase 3 standards if permitted to do so;
2. A reasonably detailed demonstration of the producer' s or importer' s
ability and plans to begin supplying from its production or import facility
substantia] quantities of one or more grades of gasoline meeting the
CaRFG Phase 3 standards on or after the date specified;
(B)l. Within 15 days of receipt of a request under section
2261(b)(3)(A), the executive officer shall notify the producer or importer
making the request either that the request is complete, or specifying what
additional information is necessary to make the request complete.
2. Within 1 5 days of notifying the producer or importer that the request
is complete, the executive officer shall either grant or deny the request.
If the request is granted the executive officer shall specify the date on
which producers and importers may start to supply from their production
or import facilities final blends that comply with the CaRFG Phase 3 stan-
dards. The executive officer shall grant the request if he or she determines
it is reasonably likely that the producer or importer making the request
will start supplying substantial quantities of one or more grades of gaso-
line complying with the CaRFG Phase 3 standards reasonably soon after
the date specified. If the executive officer denies the request, he or she
shall provide the producer or importer with a written statement explain-
ing the reason for denial.
3. Upon granting a request made under section 2261(b(3)(A), the
executive officer shall notify interested parties of the date on which (i)
producers and importers will be permitted to start supplying final blends
of gasoline complying with the CaRFG Phase 3 standards, and (ii) the
CaRFG Phase 2 cap limits for RVP and aromatics will become 7.20 psi
and 35.0 volume percent respectively for gasoline downstream of the
production or import facility. This notification shall be made by posting
the pertinent information on the state board's Internet site, providing
electronic mail notification to all persons subscribing to the state board's
Fuels-General Internet electronic mail list, and mailing notice to all per-
sons registered as motor vehicle fuel distributors under Health and Safety
Code section 43026.
4. With respect to all final blends supplied from a production or import
facility from the day specified by the executive officer in granting a re-
quest made under section 2261(b)(3)(A) through December 30, 2003,
any producer or importer may comply with the CaRFG Phase 3 standards
that apply starting December 31, 2003 as an alternative to the CaRFG
Phase 2 standards. Whenever a producer or importer is supplying a final
blend subject to the CaRFG Phase 3 standards pursuant to this section
2261(b)(3)(B)4., any notification required by sections 2264.2 or 2265(a)
shall indicate that the final blend is subject to the CaRFG Phase 3 stan-
dards. When it is sold or supplied from the production or import facility,
no such final blend may contain MTBE in concentrations greater than
0.60 volume percent, or contain a total of more than 0. 10 weight percent
oxygen collectively from all of the oxygenates identified in section
2262.6(c)(4) that have not received a determination by the California En-
vironmental Council as described in section 2262.6(c)(1).
(c) California gasoline sold or supplied on or after March 1, 1996, is
also subject to section 2253.4 (Lead/Phosphorus in Gasoline), section
2254 (Manganese Additive Content), and section 2257 (Required Addi-
tives in Gasoline). California gasoline that is supplied from a small refin-
er's California refinery prior to March 1, 1998, and that qualifies for
treatment under section 2272(a), shall also be subject to section 2250
(Degree of Unsaturation of Gasoline) and section 2252 (Sulfur Content
of Gasoline).
(d) The standards contained in this subarticle shall not apply to a sale,
offer for sale, or supply of California gasoline to a refiner if: (1) the refin-
er further processes the gasoline at the refiner's refinery prior to any sub-
sequent sale, offer for sale, or supply of the gasoline, and (2) in the case
of standards applicable only to producers or importers, the refiner to
whom the gasoline is sold or supplied is the producer of the gasoline pur-
suant to section 2260(a)(26)(B).
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Title 13
Air Resources Board
§2262
(e) The prohibitions in sections 2262.3(b) and (c), 2262.4(b), and
2262.5(c) shall not apply to gasoline which a producer or importer dem-
onstrates was neither produced nor imported by the producer or importer.
(f) This subarticle 2, section 2253.4 (Lead/Phosphorus in Gasoline),
section 2254 (Manganese Additive Content), and section 2257 (Required
Additives in Gasoline) shall not apply to gasoline where the person sell-
ing, offering or supplying the gasoline demonstrates as an affirmative de-
fense that the person has taken reasonably prudent precautions to assure
that the gasoline is used only in racing vehicles.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43013.1, 43018 and
43101 , Health and Safety Code; and Western Oil and Gas Ass 'n. v. Orange Counts'
Air Pollution Control District, 14 Cal.3d 41 1. 121 Cal. Rptr. 249 (1975). Refer-
ence: Sections 39000, 39001, 39002, 39003, 39010, 39500, 39515, 39516,4151 1,
43000, 43013, 43013.1, 43016, 43018, 43101 and 43830.8, Health and Safety
Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control
District, 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975).
History
1. New section filed 11-16-92; operative 12-16-92 (Register 92, No. 47). For
prior history, see Register 92, No. 4.
2. Amendment fded 6-2-95; operative 7-3-95 (Register 95, No. 22).
3. Amendment of subsection (b) and new subsection (e) filed 9-21-98; operative
9-21-98 pursuant to Government Code section 1 1343.4(d) (Register 98, No.
39).
4. Amendment of section and Note filed 8-3-2000; operative 9-2-2000 (Register
2000, No. 31).
5. Amendment of subsection (f) filed 8-20-2001; operative 8-20-2001 pursuant
to Government Code section 1 1343.4 (Register 2001, No. 34).
6. Amendment filed 12-24-2002; operative 12-24-2002 pursuant to Government
Code section 1 1343.4 (Register 2002. No. 52).
7. Amendment of subsection (b)(3)(B)4. filed 5-1-2003; operative 5-1-2003 pur-
suant to Government Code section 1 1343.4 (Register 2003, No. 18).
§ 2262. The California Reformulated Gasoline Phase 2 and
Phase 3 Standards.
The CaRFG Phase 2 and CaRFG Phase 3 standards are set forth in the
following table. For all properties but Reid vapor pressure (cap limit
only) and oxygen content, the value of the regulated property must be less
than or equal to the specified limit. With respect to the Reid vapor pres-
sure cap limit and the oxygen content flat and cap limit, the limits are ex-
pressed as a range, and the Reid vapor pressure and oxygen content must
be less than or equal to the upper limit, and more than or equal to the lower
limit. A qualifying small refiner may comply with the small refiner
CaRFG Phase 3 standards, in place of the CaRFG Phase 3 standards in
this section, in accordance with section 2272.
The California Reformulated Gasoline Phase 2 and Phase 3 Standards
Property
Flat Limits
CaRFG CaRFG
Phase 2 Phase 3
Averaging Limits
CaRFG CaRFG
Phase 2 Phase 3
Cap Limits
CaRFG CaRFG
Phase 2 Phase 3
Reid Vapor Pressure1
(pounds per square inch)
7.00
7.00 or
6.902
Not
Applicable
Not
Applicable
7.003
6.40-
7.20
Sulfur Content
(parts per million by
weight)
40
20
30
15
80
604
304
Benzene Content
(percent by volume)
1.00
0.80
0.80
0.70
1.20
1.10
Aromatics Content
(percent by volume)
25.0
25.0
22.0
22.0
30.03
35.0
Olefins Content
(percent by volume)
6.0
6.0
4.0
4.0
10.0
10.0
T50
(degrees Fahrenheit)
210
213
200
203
220
220
T90
(degrees Fahrenheit)
300
305
2905
295
330
330
Oxygen Content
(percent by weight)
1.8-2.2
1.8-2.2
Not
Applicable
Not
Applicable
1.86- 3.5
06-3.5
1.86-3.57
06 - 3.57
Methyl tertiary-butyl
ether (MTBE) and
oxygenates other
than ethanol
Not
Applicable
Prohibited as
provided in
§ 2262.6
Not
Applicable
Not
Applicable
Not
Applicable
Prohibited as
provided in
§ 2262.6
1 The Reid vapor pressure (RVP) standards apply only during the warmer weather months identified in section 2262.4.
2 The 6.90 pounds per square inch (psi) flat limit applies only when a producer or importer is using the evaporative emissions model element of the CaRFG Phase
3 Predictive Model, in which case all predictions for evaporative emissions increases or decreases made using the evaporative emissions model are made relative to
6.90 psi and the gasoline may not exceed the maximum RVP cap limit of 7.20 psi. Where the evaporative emissions model element of the CaRFG Phase 3 Predictive
Model is not used, the RVP of gasoline sold or supplied from the production or import facility may not exceed 7.00 psi.
3 For sales, supplies, or offers of California gasoline downstream of the production or import facility starting on the date on which early compliance with the CaRFG
Phase 3 standards is permitted by the executive officer under section 2261(b)(3), the CaRFG Phase 2 cap limits for Reid vapor pressure and aromatics content shall
be 7.20 psi and 35.0 percent by volume respectively.
4 The CaRFG Phase 3 sulfur content cap limits of 60 and 30 parts per million are phased in starting December 31, 2003, and December 31, 2005, respectively, in
accordance with section 2261(b)(1)(A).
5 Designated alternative limit may not exceed 310.
6 The 1.8 percent by weight minimum oxygen content cap only applies during specified winter months in the areas identified in section 2262.5(a).
7 If the gasoline contains more than 3.5 percent by weight oxygen from ethanol but no more than 10.0 volume percent ethanol, the maximum oxygen content cap
is 3.7 percent by weight.
Page 255
Register 2006, No. 42; 10-20-2006
§ 2262.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
NOTE: Authority cited: Sections 39600. 39601, 43013, 43013.1, 43018, 43101
and 43830. Health and Safety Code; and Western Oil and Gas Ass' n. v. Orange
County Air Pollution Control District, 14 Cal.3d 41 1, 121 Cal. Rptr. 249 (1975).
Reference: Sections 39000, 39001, 39002, 39003, 39010, 39500, 39515, 39516,
41511, 43000, 4301 3, 43013.1 , 43016, 43018, 43 101 , 43830 and 43830.8, Health
and Safety Code; and Western Oil and Gas Ass 'n. v. Orange County Air Pollution
Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975).
History
1 . New section filed 8-3-2000; operative 9-2-2000 (Register 2000, No. 31 ). For
prior history see Register 92, No. 4.
2. Amendment of table footnotes filed 12-24-2002; operative 12-24-2002 pur-
suant to Government Code section 1 1343.4 (Register 2002, No. 52).
3. Amendments to Table (footnotes 2 and 7) filed 3-10-2005; operative 4-9-2005
(Register 2005, No. 10).
4. Amendment of table footnotes 1 and 2 filed 9-9-2005 as an emergency; opera-
tive 9-9-2005 (Register 2005, No. 37). A Certificate of Compliance must be
transmitted to OAL by 1-10-2006 or emergency language will be repealed by
operation of law on the following day.
5. Reinstatement of section as it existed priorto 9-9-2005 emergency amendment
pursuant to Government Code section 1 1346.1(0 (Register 2006, No. 35). The
repealed emergency language affecting footnote 1 of the Standards Table iden-
tified CaRFG Phase 3 flat and cap maximum RVP limits of 9.00 psi during the
2005 Hurricane Katrina RVP relaxation period identified in section 2262.4.
6. Editorial amendment of History 5 (Register 2006, No. 42).
§ 2262.1 . Standards for Reid Vapor Pressure.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101, Health
and Safety Code; and Western Oil and Gas Ass' n. v. Orange County Air Pollution
Control District, 14 Cal.3d 41 1, 121 Cal. Rptr. 249 (1975). Reference: Sections
39000, 39001, 39002, 39003, 39010, 39500, 39515, 39516, 41511, 43000, 43016,
43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v.
Orange County A ir Pollution Control District, 1 4 Cal . 3d 41 1 , 1 2 1 Cal . Rptr. 249
(1975).
History
1. New section filed 11-16-92; operative 12-16-92 (Register 92, No. 47).
2. Amendment of subsection (b)(2)(A) filed 2-28-96; operative 2-28-96 pur-
suant to Government Code section 1 1 343.4(d) (Register 96, No. 9).
3. Amendment of subsections (a)(2)(A)-(E) and (b)(2)(A)-(C) and new subsec-
tion (c)(4) filed 9-21-98; operative 9-21-98 pursuant to Government Code
section 1 1343.4(d) (Register 98, No. 39).
4. Renumbering of former section 2262. 1 to section 2262.4 filed 8-3-2000; opera-
tive 9-2-2000 (Register 2000, No. 31).
§ 2262.2. Standards for Sulfur Content.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101, Health
and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution
Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections
39000, 39001, 39002, 39003, 39010, 39500, 39515, 39516, 41511, 43000, 43016,
43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v.
Orange County Air Pollution Control District, 14 Cal.3d 41 1 , 1 2 1 Cal. Rptr. 249
(1975).
History
1. New section filed 11-16-92; operative 12-16-92 (Register 92, No. 47).
2. Amendment of subsections (b)-(c) and repealer of subsection (d) filed 6-2-95;
operative 7-3-95 (Register 95, No. 22).
3. Amendment filed 9-21-98; operative 9-21-98 pursuant to Government Code
section 1 1343.4(d) (Register 98, No. 39).
4. Repealer filed 8-3-2000; operative 9-2-2000 (Register 2000, No. 31).
§ 2262.3. Compliance With the CaRFG Phase 2 and CaRFG
Phase 3 Standards for Sulfur, Benzene,
Aromatic Hydrocarbons, Olefins, T50 and T90.
(a) Compliance with cap limits. No person shall sell, offer for sale,
supply, offer for supply, or transport California gasoline which exceeds
an applicable cap limit for sulfur, benzene, aromatic hydrocarbons, ole-
fins, T50 or T90 set forth in section 2262.
(b) Compliance by producers and importers with the flat limits. No
producer or importer shall sell, offer for sale, supply, or offer for supply
from its production facility or import facility California gasoline which
exceeds an applicable flat limit for the properties of sulfur, benzene, aro-
matic hydrocarbons, olefins, T50, or T90 set forth in section 2262, unless
the gasoline (1) is subject to the averaging compliance option for the
property in accordance with section 2264.2(a), (2) has been reported as
a PM alternative gasoline formulation pursuant to section 2265(a), or (3)
has been reported as a test-certified alternative gasoline formulation pur-
suant to section 2266(c).
(c) Optional compliance by producers and importers with the averag-
ing limits. No producer or importer shall sell, offer for sale, supply, or of-
fer for supply from its production facility or import facility California
gasoline which is subject to the averaging compliance option for the
properties of sulfur, benzene, aromatic hydrocarbons, olefins, T50 or
T90 in accordance with section 2264.2(a) if any of the following occurs:
( 1 ) The gasoline exceeds the applicable averaging limit for the proper-
ty set forth in section 2262 and no designated alternative limit for the
property has been established for the gasoline in accordance with the re-
quirements of section 2264(a); or
(2) A designated alternative limit for the property has been established
for the gasoline in accordance with the requirements of section 2264(a),
and the gasoline exceeds the designated alternative limit for that proper-
ty; or
(3) Where the designated alternative limit exceeds the averaging limit
for the property, the exceedance is not fully offset in accordance with sec-
tion 2264(c).
NOTE: Authority cited: Sections 39600, 39601, 43013, 43013.1, 43018 and
43 1 01 , Health and Safety Code; and Western Oil and Gas Ass 'n. v. Orange Countv
Air Pollution Control District, 14 Cal. 3d 41 1, 121 Cal. Rptr. 249 (1975). Refer-
ence: Sections 39000, 39001, 39002, 39003, 39010, 39500, 39515, 39516,4151 1,
43000, 43013, 43013.1, 43016, 43018, 43101 and 43830.8, Health and Safety
Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control
District, 14 Cal. 3d 41 1, 121 Cal. Rptr. 249 (1975).
History
1. New section filed 11-16-92; operative 12-16-92 (Register 92, No. 47).
2. Amendment of subsections (b)-(c) and repealer of subsection (d) filed 6-2-95;
operative 7-3-95 (Register 95, No. 22).
3. Amendment filed 9-21-98; operative 9-21-98 pursuant to Government Code
section 1 1343.4(d) (Register 98, No. 39).
4. Repealer and new section filed 8-3-2000; operative 9-2-2000 (Register 2000,
No. 31).
5. Amendment of section heading and subsection (b) filed 8-20-2001; operative
8-20-2001 pursuant to Government Code section 1 1343.4 (Register 2001, No.
34).
§ 2262.4. Compliance With the CaRFG Phase 2 and CaRFG
Phase 3 Standards for Reid Vapor Pressure.
(a) Compliance with the cap limits for Reid vapor pressure.
(1) No person shall sell, offer for sale, supply, offer for supply, or
transport California gasoline which exceeds the applicable cap limit for
Reid vapor pressure within each of the air basins during the regulatory
period set forth in section (a)(2).
(2) Regulatory Control Periods.
(A) April 1 through October 31 (May 1 through October 31 in 2003
and 2004):
South Coast Air Basin and Ventura County
San Diego Air Basin
Mojave Desert Air Basin
Salton Sea Air Basin
(B) May 1 through September 30:
Great Basin Valley Air Basin
(C) May 1 through October 31:
San Francisco Bay Area Air Basin
San Joaquin Valley Air Basin
Sacramento Valley Air Basin
Mountain Counties Air Basin
Lake Tahoe Air Basin
(D) June 1 through September 30:
North Coast Air Basin
Lake County Air Basin
Northeast Plateau Air Basin
(E) June 1 through October 31:
North Central Coast Air Basin
South Central Coast Air Basin (Excluding Ventura County)
(b) Compliance by producers and importers with the flat limit for Reid
vapor pressure.
(1) Reid vapor pressure standard for producers and importers.
(A) In an air basin during the regulatory control periods specified in
section (b)(2), no producer or importer shall sell, offer for sale, supply,
Page 256
Register 2006, No. 42; 10-20-2006
Title 13
Air Resources Board
§ 2262.5
or offer for supply from its production facility or import facility Califor-
nia gasoline which has a Reid vapor pressure exceeding the applicable
flat limit set forth in section 2262 unless the gasoline has been reported
as a PM alternative gasoline formulation pursuant to section 2265(a) us-
ing the evaporative emissions model element of the CaRFG Phase 3 Pre-
dictive Model.
(B) In an air basin during the regulatory control periods specified in
section (b)(2), no producer or importer shall sell, offer for sale, supply,
or offer for supply from its production facility or import facility Califor-
nia gasoline which has been reported as a PM alternative gasoline for-
mulation pursuant to section 2265(a) using the evaporative emissions
model element of the CaRFG Phase 3 Predictive Model if the gasoline
has a Reid vapor pressure exceeding the PM flat limit for Reid vapor pres-
sure in the identified PM alternative specifications.
(2) Regulatory control periods for production and import facilities.
(A) 1. March 1 through October 31 (Except as otherwise provided in
(A)2. and (A)3. below):
South Coast Air Basin and Ventura County
San Diego Air Basin
Mojave Desert Air Basin
Salton Sea Air Basin
2. In the areas identified in section 2262.4(b)(2)(A)! ., California gaso-
line that is supplied March 1 through March 31, 2003 from a production
or import facility that is qualified under this subsection is not subject to
the prohibitions of section 2262.4(b)(1), as long as the gasoline either is
designated as subject to the CaRFG Phase 3 standards, or is subject to the
CaRFG Phase 2 standards and also meets the prohibitions in sections
2262.6(a)(1) and 2262.6(c) regarding the use of oxygenates. In order for
a production or import facility to be qualified, the producer or importer
must notify the Executive Officer in writing by February 14, 2003 that
it has elected to have the facility be subject to this subsection during
March 2003.
3. In the areas identified in section 2262.4(b)(2)(A)l ., California gaso-
line that is supplied March 1 through March 31, 2004 from a production
or import facility that was not qualified under section 2262.4(b)(2)(A)2.
is not subject to the prohibitions of section 2262.4(b)(1).
(B) April 1 through September 30:
Great Basin Valley Air Basin
(C) April 1 through October 31:
San Francisco Bay Area Air Basin
San Joaquin Valley Air Basin
Sacramento Valley Air Basin
Mountain Counties Air Basin
Lake Tahoe Air Basin
(D) May 1 through September 30:
North Coast Air Basin
Lake County Air Basin
Northeast Plateau Air Basin
(E) May 1 through October 31:
North Central Coast Air Basin
South Central Coast Air Basin (Excluding Ventura County)
(c) Applicability.
(1) Section (a)(1) shall not apply to a transaction occurring in an air
basin during a regulatory control period in section (a)(2) where the per-
son selling, supplying, or offering the gasoline demonstrates as an affir-
mative defense that, prior to the transaction, he or she has taken reason-
ably prudent precautions to assure that the gasoline will be delivered to
a retail service station or bulk purchaser-consumer's fueling facility
when the station or facility is not subject to a regulatory control period
in section (a)(2).
(2) Section (b) shall not apply to a transaction occurring in an air basin
during the applicable regulatory control period for producers and import-
ers where the person selling, supplying, offering or transporting the gaso-
line demonstrates as an affirmative defense that, prior to the transaction,
he or she has taken reasonably prudent precautions to assure that the gas-
oline will be delivered to a retail service station or bulk purchaser-con-
sumer's fueling facility located in an air basin not then subject to the regu-
latory control period for producers and importers set forth in section
(b)(2).
(3) Section (a)(1) shall not apply to a transaction occurring in an air
basin during the regulatory control period where the transaction involves
the transfer of gasoline from a stationary storage tank to a motor vehicle
fuel tank and the person selling, supplying, or offering the gasoline dem-
onstrates as an affirmative defense that the last delivery of gasoline to the
stationary storage tank occurred more than fourteen days before the start
of the regulatory control period.
(4) Gasoline that is produced in California, and is then transported to
the South Coast Air Basin, Ventura County, or the San Diego Air Basin
by marine vessel shall be subject to the regulatory control periods for pro-
duction and import facilities identified in section 2262.4(b)(2)(A).
NOTE: Authority cited: Sections 39600, 39601, 43013, 43013.1, 43018 and
43 1 01 , Health and Safety Code; and Western Oil and Gas Ass 'n. v. Orange County
Air Pollution Control District, 14 Cal.3d 41 1 , 121 Cal. Rptr. 249 (1975). Refer-
ence: Sections 39000, 39001, 39002. 39003. 39010, 39500, 39515, 39516, 4151 1,
43000, 43013, 43013.1, 43016, 43018, 43101, 43830 and 43830.8, Health and
Safety Code; and Western Oil and Gas Ass 'n. v. Orange CountvAir Pollution Con-
trol District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975).
History
1. New section filed 1 1-16-92; operative 12-16-92 (Register 92, No. 47).
2. Amendment of subsections (b)-(c) and repealer of subsection (d) filed 6-2-95;
operative 7-3-95 (Register 95, No. 22).
3. Amendment filed 9-21-98; operative 9-21-98 pursuant to Government Code
section 11343.4(d) (Register 98, No. 39).
4. Repealer of section and renumbering of former section 2262. 1 to section 2262.4,
including amendment of section heading, section and Note, filed 8-3-2000;
operative 9-2-2000 (Register 2000, No. 31).
5. Amendment filed 12-24-2002; operative 12-24-2002 pursuant to Government
Code section 1 1343.4 (Register 2002, No. 52).
6. Amendment of subsections (b)(1) and (c)(4) filed 3-10-2005; operative
4-9-2005 (Register 2005, No. 10).
7. New subsections (a)(2)(F) and (b)(2)(F) filed 9-9-2005 as an emergency; op-
erative 9-9-2005 (Register 2005, No. 37). A Certificate of Compliance must be
transmitted to OAL by 1-10-2006 or emergency language will be repealed by
operation of law on the following day.
8. Reinstatement of section as it existed prior to 9-9-2005 emergency amendment
pursuant to Government Code section 1 1346.1 (0 (Register 2006, No. 35). The
repealed emergency language affecting subsections (a)(2)(F) and (b)(2)(F)
identified a Hurricane Katrina RVP relaxation period from 9-1 2-2005 through
the end of the 2005 RVP season, during which a less stringent RVP standard of
9.00 psi applied pursuant to section 2262.
9. Editorial amendment of History 8 (Register 2006, No. 42).
§ 2262.5. Compliance With the Standards for Oxygen
Content.
(a) Compliance with the minimum oxygen content cap limit standard
in specified areas in the wintertime.
(1) Within the areas and periods set forth in section (a)(2), no person
shall sell, offer for sale, supply, offer for supply, or transport California
gasoline unless it has an oxygen content of not less than the minimum ox-
ygen content cap limit in section 2262.
(2)(A) November 1 through February 29:
South Coast Area
Imperial County
(B) October 1 through October 31, (1996 through 2002 only):
South Coast Area
(b) Compliance with the maximum oxygen content cap limit standard.
No person shall sell, offer for sale, supply, or transport California gaso-
line which has an oxygen content exceeding the maximum oxygen con-
tent cap limit in section 2262, or which has an ethanol content exceeding
10.0 percent by volume.
(c) Compliance by producers and importers with the flat limits for oxy-
gen content. No producer or importer shall sell, offer for sale, supply, or
offer for supply from its production or import facility California gasoline
which has an oxygen content less than flat limit for minimum oxygen
content, or more than flat limit for maximum oxygen content, unless the
gasoline has been reported as a PM alternative gasoline formulation pur-
Page 257
Register 2006, No. 42; 10-20-2006
§ 2262.6
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
suant to section 2265(a) or as an alternative gasoline formulation pur-
suant to section 2266(c), and complies with the standards contained in
sections (a) and (b).
(d) Restrictions on adding oxygenates to California gasoline after it
has been supplied from the production or import facility.
(1) Basic Restriction. No person may add oxygenates to California
gasoline after it has been supplied from the production or import facility
at which it was produced or imported, except where the person adding the
oxygenates demonstrates that: [i] the gasoline to which the oxygenates
are added has been reported as a PM alternative gasoline formulation pur-
suant to section 2265(a), or as an alternative gasoline formulation pur-
suant to section 2266(c), and has not been commingled with other gaso-
line, and [ii] both before and after the person adds the oxygenate to the
gasoline, the gasoline has an oxygen content within the oxygen content
specifications of the applicable PM alternative gasoline formulation or
alternative gasoline formulation. Nothing in this section (d) prohibits
adding oxygenates to CARBOB.
(2) Bringing gasoline into compliance with the minimum oxygen con-
tent cap limit. Notwithstanding section (d)(1), a person may add an oxy-
genate that is not prohibited under section 2262.6 to California gasoline
that does not comply with an applicable minimum oxygen content cap
limit under sections 2262 and 2262.5(a), where the person obtains the
prior approval of the executive officer based on a demonstration that ad-
ding the oxygenate is necessary to bring the gasoline into compliance
with the minimum oxygen content cap limit.
(e) Application of prohibitions.
(1) Section (a) shall not apply to a transaction occurring in the areas
and periods shown in (a)(2) where the person selling, supplying, or offer-
ing the gasoline demonstrates as an affirmative defense that, prior to the
transaction, he or she has taken reasonably prudent precautions to assure
that the gasoline will not be delivered to a retail service station or bulk
purchaser-consumer's fueling facility in the areas and periods shown in
(a)(2).
(2)(A) Section (a) shall not apply to a transaction occurring in the
South Coast Area in October 2000, 2001 , 2002, or 2003, where the trans-
action involves the transfer of gasoline from a stationary storage tank to
a motor vehicle fuel tank and the person selling, supplying, or offering
the gasoline demonstrates as an affirmative defense that the last delivery
of gasoline to the stationary storage tank occurred no later than Septem-
ber 1 6 of that year.
(B) Section (a) shall not apply to a transaction occurring in November
either in Imperial County or, starting in 2004, in the South Coast Area,
where the transaction involves the transfer of gasoline from a stationary
storage tank to a motor vehicle fuel tank and the person selling, supply-
ing, or offering the gasoline demonstrates as an affirmative defense that
the last delivery of gasoline to the stationary storage tank occurred no lat-
er than October 1 7 of that year.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43013.1, 43018 and
43101, Health and Safety Code;and Western Oil and Gas Ass' n. v. Orange County
Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). Refer-
ence: Sections 39000, 39001, 39002, 39003, 39010, 39500, 39515, 39516,4151 1,
43000, 43013, 43013.1, 43016, 43018, 43101 and 43830.8, Health and Safety
Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control
District, 14 Cal.3d 41 1, 121 Cal. Rptr. 249 (1975).
History
1. New section filed 11-16-92; operative 12-16-92 (Register 92, No. 47).
2. Amendment of subsection (c) filed 6-2-95; operative 7-3-95 (Register95, No.
22).
3. Amendment of subsections (a)(2)(C) and (d), repealer of subsection (e)(1) and
subsection relettering filed 2-28-96; operative 2-28-96 pursuant to Govern-
ment Code section 1 1343.4(d) (Register 96, No. 9).
4. Editorial correction of subsection (a)(2)(B) (Register 97, No. 10).
5. Amendment of subsections (a)-(a)(2)(C) and (e)(1), and new subsection (e)(2)
filed 9-21-98; operative 9-21-98 pursuant to Government Code section
1 1343.4(d) (Register 98, No. 39).
6. Amendment of subsection (b) filed 3-31-99; operative 3-31-99 pursuant to
Government Code section 11343.4(d) (Register 99, No. 14).
7. Amendment of subsections (a)(2)(A)-(B), new subsection (a)(2)(C) and sub-
section relettering filed 9-8-99; operative 9-8-99 pursuant to Government
Code section 1 1343.4(d) (Register 99, No. 37).
8. Amendment of section heading, section and Note filed 8-3-2000; operative
9-2-2000 (Register 2000, No. 31 ).
9. Amendment of subsections (a)(2)(A)-(B), repealer of subsections
(a)(2)(C)-(D), new subsection (e)(2)(A) and redesignation and amendment of
former subsection (e)(2) as new subsection (e)(2)(B) filed 8-20-2001; opera-
tive 8-20-2001 pursuant to Government Code section 1 1 343.4 (Register 2001 ,
No. 34).
10. Amendment filed 12-24-2002; operative 12-24-2002 pursuant to Govern-
ment Code section 1 1343.4 (Register 2002, No. 52).
1 1 . Amendment of subsection (b) filed 3-10-2005; operative 4-9-2005 (Register
2005, No. 10).
§ 2262.6. Prohibition of MTBE and Oxygenates Other Than
Ethanol in California Gasoline Starting
December 31, 2003.
(a) Basic MTBE prohibitions.
(1) Starting December 31, 2003, no person shall sell, offer for sale,
supply or offer for supply California gasoline which has been produced
at a California production facility in part by either (i) adding at the
California production facility any methyl tertiary-butyl ether (MTBE) in
neat form to the California gasoline or to a blending component used in
the gasoline; or (ii) using a blending component that contained greater
than 0.60 volume percent MTBE when it was supplied to the California
production facility.
(2) No person shall sell, offer for sale, supply or offer for supply
California gasoline which contains MTBE in concentrations greater
than: 0.60 volume percent starting December 3 1 , 2003, 0.30 volume per-
cent starting July 1, 2004, 0.15 volume percent starting December 31,
2005, and 0.05 volume percent starting July 1, 2007.
(b) Phase-in of MTBE prohibitions.
(1) Phase-in of MTBE prohibitions starting December 31, 2003, and
2005. In the first year in which a prohibition applies under section
2262.6(a) starting on December 31, the prohibition shall be phased in as
follows:
(A) Starting December 31, for all sales, supplies, or offers of Califor-
nia gasoline by a producer or importer from its production facility or im-
port facility.
(B) Starting the following February 14, for all other sales, supplies, of-
fers or movements of California gasoline except for transactions directly
involving:
1 . the fueling of motor vehicles at a retail outlet or bulk purchaser-con-
sumer facility, or
2. the delivery of gasoline from a bulk plant to a retail outlet or bulk
purchaser-consumer facility.
(C) Starting the following March 31, for all remaining sales, supplies,
offers or movements of California gasoline, including transactions di-
rectly involving the fueling of motor vehicles at a retail outlet or bulk pur-
chaser-consumer facility.
(2) Phase-in of MTBE prohibitions starting July 1, 2004 and 2007. In
the first year in which a prohibition applies under section 2262.6(a) start-
ing on July 1, the prohibition shall be phased in as follows
(A) Starting July 1, for all sales, supplies, or offers of California gaso-
line by a producer or importer from its production facility or import facil-
ity.
(B) Starting the following August 15, for all other sales, supplies, of-
fers or movements of California gasoline except for transactions directly
involving:
1 . the fueling of motor vehicles at a retail outlet or bulk purchaser-con-
sumer facility, or
2. the delivery of gasoline from a bulk plant to a retail outlet or bulk
purchaser-consumer facility.
(C) Starting the following October 1 , for all remaining sales, supplies,
offers or movements of California gasoline, including transactions di-
rectly involving the fueling of motor vehicles at a retail outlet or bulk pur-
chaser-consumer facility.
(3) Phase-in for low-throughput fueling facilities. The prohibitions in
section (a) starting respectively on December 31 , 2003, July 1 , 2004, De-
cember 31 , 2005, and July 1 , 2007, shall not apply to transactions directly
Page 258
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Title 13
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§ 2262.6
involving the fueling of motor vehicles at a retail outlet or bulk purchas-
er-consumer facility, where the person selling, offering, or supplying the
gasoline demonstrates as an affirmative defense that the exceedance of
the standard was caused by gasoline delivered to the retail outlet or bulk
purchaser-consumer facility prior to the date on which the delivery be-
came subject to the prohibition pursuant to the phase-in provisions in
section (b).
(c) Use of oxygenates other than ethanol orMTBE in California gaso-
line on or after December 31, 2003.
(J) Starting December 31, 2003, no person shall sell, offer for sale,
supply or offer for supply California gasoline which has been produced
at a California production facility with the use of any oxygenate other
than ethanol orMTBE unless a multimedia evaluation of use of the oxy-
genate in California gasoline has been conducted and the California En-
vironmental Policy Council established by Public Resources Code sec-
tion 71017 has determined that such use will not cause a significant
adverse impact on the public health or the environment.
(2) Starting December 31, 2003, no person shall sell, offer for sale,
supply or offer for supply California gasoline which contains a total of
[The next page is 259.
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Title 13
Air Resources Board
§ 2262.9
more than 0. 10 weight percent oxygen collectively from all of the oxy-
genates identified in section (c)(4), other than oxygenates not prohibited
by section (c)(1).
(3) Starting July 1 , 2004, no person shall sell, offer for sale, supply or
offer for supply California gasoline which contains a total of more than
0.06 weight percent oxygen collectively from all of the oxygenates iden-
tified in section (c)(4). other than oxygenates not prohibited by section
(c)(1).
(4) Covered oxygenates. Oxygen from the following oxygenates is
covered by the prohibitions in section 2262.6(c)(1), (2) and (3):
Methanol
Isopropanol
n-Propanol
n-Butanol
iso-Butanol
s<?c-Butanol
ter/-Butanol
7er/-pentanol (ter/-amylalcohol)
Ethyl tert-butylether (ETBE)
Diisopropylether (DIPE)
7e/7-amylmethylether (TAME)
(5) The prohibitions in section 2262.6(c)(1) and (2), and in section
2262.6(c)(3), shall be phased in respectively as follows:
(A) Starting December 31, 2003 and July 1 , 2004 respectively for all
sales, supplies, or offers of California gasoline by a producer or importer
from its production facility or import facility.
(B) Starting February 14, 2004 and August 15, 2004 respectively for
all other sales, supplies, offers or movements of California gasoline ex-
cept for transactions directly involving:
1 . the fueling of motor vehicles at a retail outlet or bulk purchaser-con-
sumer facility, or
2. the delivery of gasoline from a bulk plant to a retail outlet or bulk
purchaser-consumer facility.
(C) Starting March 31, 2004 and September 30, 2004 respectively for
all remaining sales, supplies, offers or movements of California gasoline,
including transactions directly involving the fueling of motor vehicles at
a retail outlet or bulk purchaser-consumer facility.
(6) Phase-in for low-throughput fueling facilities. The prohibitions in
section 2262.6(c)(1) and (2), and in section 2262.6(c)(3), starting respec-
tively on December 3 1 , 2003 and July 1 , 2004, shall not apply to transac-
tions directly involving the fueling of motor vehicles at a retail outlet or
bulk purchaser-consumer facility, where the person selling, offering, or
supplying the gasoline demonstrates as an affirmative defense that the
exceedance of the standard was caused by gasoline delivered to the retail
outlet or bulk purchaser-consumer facility prior to the date on which the
delivery became subject to the prohibition pursuant to the phase-in pro-
visions in section 2262.6(c)(5).
NOTE: Authority cited: Sections 39600, 39601, 43013, 43013.1, 43018 and
43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County
Air Pollution Control District, 14 Cal.3d 411, 121 Cal.Rptr. 249 (1975). Refer-
ence: Sections 39000, 39001, 39002, 39003, 39010, 39500, 39515, 39516, 41511,
43000, 43013, 43013.1, 43016, 43018, 43101 and 43830.8, Health and Safety
Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control
District, 14 Cal.3d 411, 121 Cal.Rptr. 249 (1975).
History
1. New section filed 11-16-92; operative 12-16-92 (Register 92, No. 47).
2. Amendment filed 6-2-95; operative 7-3-95 (Register 95, No. 22).
3. Amendment filed 9-21-98; operative 9-21-98 pursuant to Government Code
section 11343.4(d) (Register 98, No. 39).
4. Repealer and new section filed 8-3-2000; operative 9-2-2000 (Register 2000,
No. 31).
5. Amendment of section heading and section filed 12-24-2002; operative
12-24-2002 pursuant to Government Code section 11343.4 (Register 2002,
No. 52).
6. Amendment filed 5-1-2003; operative 5-1-2003 pursuant to Government
Code section 1 1343.4 (Register 2003, No. 18).
7. Amendment of subsections (c)(2)-(3) filed 3-10-2005; operative 4-9-2005
(Register 2005, No. 10).
§ 2262.7. Standards for Aromatic Hydrocarbon Content.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101, Health
and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution
Control District, 14 Cal.3d 41 1, 121 Cal. Rptr. 249 (1975). Reference: Sections
39000, 39001, 39002, 39003, 39010, 39500, 39515, 39516,4151 1, 43000,43016,
43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v.
Oranqe Counts' Air Pollution Control District, 14 Cal. 3d 41 1, 121 Cal. Rptr. 249
(1975).
History
1. New section filed 1 1-16-92; operative 12-16-92 (Register 92, No. 47).
2. Amendment filed 6-2-95; operative 7-3-95 (Register 95, No. 22).
3. Amendment filed 9-21-98; operative 9-21-98 pursuant to Government Code
section 1 1343.4(d) (Register 98, No. 39).
4. Repealer filed 8-3-2000; operative 9-2-2000 (Register 2000, No. 31).
§ 2262.9. Requirements Regarding Denatured Ethanol
Intended For Use as a Blend Component in
California Gasoline.
(a) Standards.
(1 ) Standards for denatured ethanol. Starting December 31, 2003, no
person shall sell, offer for sale, supply or offer for supply denatured etha-
nol intended for blending with CARBOB or California gasoline that fails
to comply with any of the following standards:
(A) Standards for properties regulated by the CaRFC Phase 3 stan-
dards.
1. A sulfur content not exceeding 10 parts per million;
2. A benzene content not exceeding 0.06 percent by volume; and
3. An olefins content not exceeding 0.5 percent by volume; and
4. An aromatic hydrocarbon content not exceeding 1 .7 percent by vol-
ume.
(B) Standards based on AST M D 4806-99. All test methods and stan-
dards identified in the title and the table below are incorporated herein by
reference.
Specification Value Test method
Ethanol, vol.%, min.
Methanol, vol.%, max.
92.1
0.5
ASTM D 5501-94(1998)61
Solvent-washed gum, mg/100
ml, max.
5.0
ASTM D 381-00, air jet
apparatus
Water content, vol.%, max.
1
ASTM E 203-96 or
E 1064-00
Denaturant content,
vol.%, min.
vol.% max.
1.96
4.76
The only denaturants shall be
natural gasoline, gasoline
components, or unleaded gasoline.
Inorganic Chloride content, 40 (32)
mass ppm (mg/1), max.
Copper content, mg/kg, max. 0.1
Modification of ASTM
D5 12-89(1 999),
Procedure C1
Modification of ASTM
D1688-95, Test Method A2
Acidity (as acetic acid), mass 0.007(56) ASTM D 1613-96 (1999)
% (mg/1), max.
pHe
Appearance
6.5 - 9.0
ASTM D 6423-99
Visibly free of suspended Determined at indoor
or precipitated ambient temperature
contaminants unless otherwise agTeed
(clean and bright) upon between the
supplier and purchaser
Note 1 : The modification of ASTM D 512-89(1999), Procedure C consists of us-
ing 5 ml of sample diluted with 20 ml of water in place of the 25 ml sample speci-
fied in the standard procedure. The water shall meet ASTM D 1 193-99, Type II.
The volume of the sample prepared by this modification will be slightly larger than
25 ml. To allow for the dilution factor, report the chloride ion present in the fuel
ethanol sample as the chloride ion present in the diluted sample multiplied by fwe.
Note 2: The modification of ASTM D 1688-95, Test Method A (atomic absorp-
tion) consists of mixing reagent grade ethanol (which may be denatured according
to the U.S. Bureau of Alcohol, Tobacco, and Firearms (BATF) of the U.S. Trea-
Page 259
Register 2005, No. 10; 3-11-2005
§2263
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
sury Department Formula 3A or 30, as set forth in 27 CFR sections 21.35 and
21.57, as in effect April 1, 2001) in place of water as the solvent or diluent for the
preparation of reagents and standard solutions. However, this must not be done to
prepare the stock copper solution described in 1 1.1 of ASTM D 1688-95. Because
a violent reaction may occur between the acid and the ethanol, use water, as speci-
fied, in the acid solution part of the procedure to prepare the stock copper solution.
Use ethanol for the rinse and dilution only.
(2) Exemption.
(A) Inapplicability of basic standards. The standards in section
(a)( 1 )(A) do not apply to a quantity of denatured ethanol sold, offered for
sale, supplied, or offered for supply by a person who demonstrates as an
affirmative defense that:
1. The person has complied with section (c)(1)(B); and
2. He or she has taken reasonably prudent precautions to assure that
the denatured ethanol will only be added to CARBOB which has been
designed to be lawfully oxygenated with denatured ethanol having the
properties identified in the document provided pursuant to section
(c)(1)(B).
(B) Substitute standards. Starting December 31 , 2003, no person shall
sell, offer for sale, supply or offer for supply denatured ethanol that is in-
tended for blending with CARBOB or California gasoline and is exempt
pursuant to section (a)(2)(A), if the denatured ethanol fails to comply
with any of the properties identified in the document provided pursuant
to section (c)(1)(B).
(3) Standards for products represented as appropriate for use as a de-
naturant in ethanol.
(A) Except as otherwise provided in section (a)(3)(B), starting Decem-
ber 31 , 2003, no person shall sell, offer for sale, supply or offer for supply
a product represented as appropriate for use as a denaturant in ethanol in-
tended for blending with CARBOB or California gasoline, if the denatu-
rant has:
1. A benzene content exceeding 1.10 percent by volume; or
2. An olefins content exceeding 10.0 percent by volume; or
3. An aromatic hydrocarbon content exceeding 35.0 percent by vol-
ume.
(B) A person may sell, offer for sale, supply or offer for supply a prod-
uct that is represented as only suitable for use as an ethanol denaturant
in ethanol intended for blending with CARBOB or California gasoline
if the denatured ethanol contains no more than a specified percentage of
the denaturant that is less than 4.76 percent. In this case, the product must
be prominently labeled as only lawful for use as a denaturant where the
denatured ethanol contains no more than the specified percentage of the
denaturant, and the seller, supplier or offeror must take reasonably pru-
dent precautions to assure that the denaturant will not be used in con-
centrations greater than the specified percentage in ethanol intended for
blending with CARBOB or California gasoline. If these conditions are
met, the standards in section (a)(3)(A) for the denaturant will be adjusted
by multiplying the stated values by (4.76 -r- max.%), where "max.%" is
the maximum percentage of denaturant specified for the denatured etha-
nol.
(b) Test Methods.
(1) In determining compliance with the denatured ethanol standards
in section (a)(1)(A):
(A) The sulfur content of denatured ethanol shall be determined by
ASTM D 5453-93, which is incorporated herein by reference.
(B) The aromatic hydrocarbon, benzene and olefins content of dena-
tured ethanol shall be determined by sampling the denaturant and using
the methods specified in section 2263 to determine the content of those
compounds in the denaturant. The result will then be multiplied by
0.0476, except that where it is demonstrated that the denatured ethanol
contains less than 4.76 percent denaturant, the result will be multiplied
by the decimal fraction representing the percent denaturant.
(2) In determining compliance with the denaturant standards in section
(a)(3), the aromatic hydrocarbon, benzene and olefins content of the de-
naturant shall be determined by the methods specified in section 2263 for
determining the content of those compounds in gasoline.
(c) Documentation required for the transfer of denatured ethanol in-
tended for use as a blend component in California gasoline.
(1)(A) Starting December 31 , 2003, and except as provided in section
(c)(1)(B), on each occasion that any person transfers custody or title of
denatured ethanol intended for use as a blend component in California
gasoline, the transferor shall provide the transferee a document that
prominently states that the denatured ethanol complies with the standards
for denatured ethanol intended for use as a blend component in California
gasoline.
(B) Starting December 31, 2003, on each occasion that any person
transfers custody or title of denatured ethanol that is intended to be added
to CARBOB designated for blending with denatured ethanol exceeding
any of the standards in section (a)(1)(A), the transferor shall provide the
transferee a document that prominently identifies the maximum sulfur,
benzene, olefin and aromatic hydrocarbon content of the denatured etha-
nol, and states that the denatured ethanol may only be lawfully added to
CARBOB that is designated for blending with denatured ethanol having
such properties.
(2) Starting December 31, 2003, any person who sells or supplies de-
natured ethanol intended for use as a blend component in California gas-
oline from the California facility at which it was imported or produced
shall provide the purchaser or recipient a document that identifies:
(A) The name and address of the person selling or supplying the dena-
tured ethanol, and identification of the person as the producer or importer
of the denatured ethanol; and
(B) With respect to imported denatured ethanol, the name, location
and operator of the facility(ies) at which the ethanol was produced and
at which the denaturant was added to the ethanol. As an alternative, the
document provided to the purchaser or recipient may identify the date
and time the ethanol was supplied from its import or production facility,
and state that the person selling or supplying the denatured ethanol from
the California facility at which it was imported or produced maintains at
the facility a list of the name, location, and operator of all of the faci-
lities) at which the ethanol was produced and at which the denaturant
was added to the ethanol. In this case, the person shall for at least two
years maintain such information, and records identifying the entities that
produced the ethanol and added the denaturant in each batch of denatured
ethanol imported to the facility; during that two year period, the person
shall make the information and records, available to the Executive Offi-
cer within five days after a request for the material.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43013.1, 43018 and
43 1 01 , Health and Safety Code; and Western Oil and Gas Ass 'n. v. Orange County
Air Pollution Control District, 14 Cal.3d 4] 1, 121 Cal.Rptr. 249 (1975). Refer-
ence: Sections 39000, 39001, 39002, 39003, 39010, 39500, 39515, 39516,4151 1,
43000, 43013, 43013.1, 43016, 43018, 43101 and 43830.8, Health and Safety
Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control
District, 14 Cal.3d 411, 121 Cal.Rptr. 249 (1975).
History
1. New section filed 8-20-2001; operative 8-20-2001 pursuant to Government
Code section 1 1343.4 (Register 2001, No. 34).
2. Amendment filed 12-24-2002; operative 12-24-2002 pursuant to Government
Code section 1 1343.4 (Register 2002, No. 52).
3. Amendment of subsections (a)(1), (a)(l)(A)2.-3., (a)(3)(A)l.-3. and
(c)(2)(A)-(B) filed 3-10-2005; operative 4-9-2005 (Register 2005, No. 10).
§ 2263. Sampling Procedures and Test Methods.
(a) Sampling Procedures. In determining compliance with the stan-
dards set forth in this subarticle 2, an applicable sampling methodology
set forth in 13 C.C.R. section 2296 shall be used.
(b) Test Methods.
(1) In determining compliance with the gasoline standards set forth in
this subarticle 2, including those in the sections identified in Table 1, the
test methods presented in Table 1 shall be used. All identified test meth-
ods are incorporated herein by reference.
Page 260
Register 2005, No. 10; 3-11-2005
Title 13
Air Resources Board
§2264
Section
2262
2262
2262
2262
Table 1
Gasoline Specification
Reid Vapor Pressure
Sulfur Content
Benzene Content
Olefin Content
fAdd the following reproducibility statement for oxygenate-containing samples:
2262
2262
2262
2262.5(b)
2262.6
2262.6(c)
Oxygen Content
T90 and T50
Aromatic Hydrocarbon Content
Ethanol Content
MTBE Content
Oxygen from oxygenates
identified in section
2262.6(c)(4)
Test Method0
ASTM D 323-58b or
13 C.C.R. Section 2297
ASTM D 2622-94c^d
or ASTM D 5453-93
ASTM D 5580-00e
ASTMD 1319-95af
(Through
December 31, 2001)
ASTM D 6550-00S'h-i
(Starting January 1,
2002)
ASTMD 48 15-99
ASTMD86-99ael
ASTM D 5580-00)
ASTMD 4815-99
ASTMD 4815-99
ASTMD 4815-99
a Do not report values below the limit of detection (LOD) specified in the test meth-
od. Where a test method does not specify a LOD, do not report values below the
lower limit of the scope of the test method.
b Delete paragraph 4(b) concerning sampling.
cMake the following modifications to paragraph 9.1 :
Low Level Sulfur Calibration Procedure
Reagents
Thiophene, at least 99% purity
2-Methylthiophene, at least 98% purity
Toluene, reagent grade
2,2,4-Trimethylpentane, reagent grade
Preparation of Stock Standard
Weigh standard materials thiophene (-0.7290 gm) and 2-methylthiophene
(-0.7031 gm) separately into a tared volumetric flask and record the individual
mass to 0.1 mg. Add "mixed solvent" containing 25% toluene and 75% iso-oc-
tane (by volume) into the flask to a net weight of approximately 50 gm and re-
cord the weight. This "Stock Standard" contains approximately 10 mg/gm sul-
fur. The actual sulfer concentration can be calculated as follows:
Sulfur from thiophene (gm) =
Weight of thiophene *32.06* purity/84.14
Sulfur from 2-methylthiophene (gm) =
Weight of 2-methylthiophene *32.06* purity/98.17
Sulfur concentration of Stock Standard (gm/gm) =
(sulfur from thiophene + sulfur from 2-methylthiophene)/net weight of the
stock standard
Multiply the sulfur concentration by 1000 to convert the unit to mg/gm.
Preparation of Calibration Standards
Pipet 2.5 ml of the Stock Standard to 250 ml flask and dilute with the "mixed
solvent" to the mark. The "Diluted Standard" contains approximately 100 mg/
kg sulfur. Prepare 5, 10, 20, 30, 50, 75 ppm calibration standards by pipetting
5, 10, 20, 30, 50, 75 ml of the Diluted Standard into a 100 ml flask, respectively,
and diluting with the "mixed solvent" to the mark. The actual concentration of
the calibration standard should be determined from the stock standard. The stan-
dards with concentration ranging from 5 to 100 ppm and the "mixed solvent"
are to be used for calibrating the instrument.
dReplace ASTM D 2622-94 reproducibility values with the following:
Sulfur Content, ppm
10 to 30
>30
Reproducibility
40.5% X Sulfur Content (ppm)
19.2% X Sulfur Content (ppm)
Olefins
X = Volume %
Ranqe
0.3-33
Reproducibilitv
0.819(X)0-6'
eThe reproducibility of benzene is as follows:
Reproducibility = 0.1409 (X1133), where X = vol %
SReplace ASTM D6550-00 reproducibility equation with the following:
Reproducibility = 0.32 X0-5
where X is between 0.3 and 25 mass % olefin
hThe conversion from mass % olefin to volume % olefin is defined as follows:
volume % olefin = 0.857 * mass % olefin
'Replace the last sentence in ASTM D6550-00 section 1.1 with the following:
The application range is from 0.3 to 25 mass % total olefins.
JThe reproducibility of total aromatic hydrocarbon is as follows:
Reproducibility =1.4 volume%
(c) Equivalent Test Methods. Whenever this section provides for the
use of a specified test method, another test method may be used following
a determination by the executive officer that the other method produces
results equivalent to the results with the specified method.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43013.1, 43018 and
43101, Health and Safety Code; and Western OilundCasAss '«.. v. Orange County
Air Pollution Control District, 14 Cal.3d 41 1, 121 Cal. Rptr. 249 (1975). Refer-
ence: Sections 39000, 39001 , 39002, 39003, 39010, 39500, 39515, 39516, 41511,
43000, 43013, 43013.1, 43016, 43018 and 43101, Health and Safety Code; and
Western Oil and Gas Ass' n. v. Orange County Air Pollution Control District, 14
Cal.3d 41 1, 121 Cal. Rptr. 249 (1975).
History
1. New section filed 1 1-16-92; operative 12-16-92 (Register 92, No. 47).
2. Repealer of designation of subsection (b)(1), amendment of Table 1 and repealer
of subsections (b)(2)-(2)(C) filed 9-1-94; operative 9-1-94 (Register 94, No.
35).
3. Amendment of Table 1 filed 8-7-95; operative 8-7-95 pursuant to Government
Code section 11343.4(d) (Register 95, No. 32).
4. Redesignation of first paragraph of subsection (b) as (b)( 1 ), amendment of Table
1 , new Table 1 footnote a and footnote relettering, repealer of former footnote
b, and new footnotes c-g, filed 2-26-96; operative 2-26-96 pursuant to Gov-
ernment Code section 1 1343.4(d) (Register 96, No. 9).
5. Editorial correction of subsection (b)(1) — Table (Register 2000, No. 31).
6. Amendment of section and Note filed 8-3-2000; operative 9-2-2000 (Register
2000, No. 31).
7. Amendment filed 8-20-2001; operative 8-20-2001 pursuant to Government
Code section 11343.4 (Register 2001, No. 34).
8. Amendment of subsection (b)-Table 1 filed 8-29-2001; operative 9-28-2001
(Register 2001, No. 35).
9. Amendment filed 5-1-2003; operative 5-1-2003 pursuant to Government
Code section 1 1343.4 (Register 2003, No. 18).
10. Amendment of subsection (b)(1) filed 3-10-2005; operative 4-9-2005 (Reg-
ister 2005, No. 10).
§ 2263.7. Multiple Notification Requirements.
Where a producer or importer is subject to multiple notification re-
quirements pursuant to sections 2264(a)(2)(A), 2264.2(a)(2),
2264.2(b)(2), 2265(a)(2), 2266(c) or 2266.5(b), the producer shall com-
bine the notifications to the extent practicable.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43013.1, 43018 and
43101 , Health and Safety Code; and Western Oil and Gas Ass 'n. v. Orange County
Air Pollution Control District, 14 Cal.3d 41 1, 121 Cal. Rptr. 249 (1975). Refer-
ence: Sections 39000, 39001 , 39002, 39003, 39010, 39500, 39515, 39516, 4151 1,
43000, 43013, 43013.1, 43016, 43018 and 43101, Health and Safety Code; and
Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14
Cal.3d 411, 121 Cal. Rptr. 249 (1975).
History
1. New section filed 2-28-96; operative 2-28-96 pursuant to Government Code
section 1 1343.4(d) (Register 96, No. 9).
2. Amendment of Note filed 8-3-2000; operative 9-2-2000 (Register 2000, No.
31).
§ 2264. Designated Alternative Limits.
(a) Assignment of a designated alternative limit.
(1 ) A producer or importer that has elected to be subject to an averag-
ing limit specified in section 2262 may assign a designated alternative
limit to a final blend of California gasoline produced or imported by the
producer or importer by satisfying the notification requirements in this
section (a). In no case shall a designated alternative limit be less than the
sulfur, benzene, olefin or aromatic hydrocarbon content, or T90 or T50,
of the final blend shown by the sample and test conducted pursuant to
Page 261
Register 2005, No. 10; 3-11-2005
§2264
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
section 2270, or section 2266.5(a), as applicable. If a producer or import-
er intends to assign designated alternative limits for more than one gaso-
line specification to a given quantity of gasoline, the party shall identify
the same final blend for all designated alternative limits for the gasoline.
(2)(A) The producer or importer shall notify the executive officer of
the estimated volume (in gallons), the designated alternative limit, the
blend identity, and the location of each final blend receiving a designated
alternative limit. This notification shall be received by the executive offi-
cer before the start of physical transfer of the gasoline from the produc-
tion or import facility, and in no case less than 12 hours before the pro-
ducer or importer either completes physical transfer or commingles the
final blend. A producer or importer may revise the reported estimated
volume, as long as notification of the revised volume is received by the
executive officer no later than 48 hours after completion of the physical
transfer of the final blend from the production or import facility. If notifi-
cation of the revised volume is not timely received by the executive offi-
cer, the reported estimated volume shall be deemed the reported actual
volume.
(B) For each final blend receiving a designated alternative limit ex-
ceeding an applicable averaging limit in section 2262, the producer or
importer shall notify the executive officer of the date and time of the start
of physical transfer from the production or import facility, within 24
hours after the start of such physical transfer. For each final blend receiv-
ing a designated alternative limit less than an applicable averaging limit
in section 2262, the producer or importer shall notify the executive offi-
cer of the date and time of the completion of physical transfer from the
production or import facility, within 24 hours after the completion of
such physical transfer.
(3) If, through no intentional or negligent conduct, a producer or im-
porter cannot report within the time period specified in (a)(2) above, the
producer or importer may notify the executive officer of the required data
as soon as reasonably possible and may provide a written explanation of
the cause of the delay in reporting. If, based on the written explanation
and the surrounding circumstances, the executive officer determines that
the conditions of this section (a)(3) have been met, timely notification
shall be deemed to have occurred.
(4) The executive officer may enter into a written protocol with any in-
dividual producer or importer for the purposes of specifying how the re-
quirements in section (a)(2) and (c) shall be applied to the producer's or
importer's particular operations, as long as the executive officer reason-
ably determines that application of the regulatory requirements under the
protocol is not less stringent or enforceable than application of the ex-
press terms of section (a)(2) and (c). Any such protocol shall include the
producer's or importer's agreement to be bound by the terms of the proto-
col.
(5) Whenever the final blend of a producer or importer includes vol-
umes of gasoline the party has produced or imported and volumes the
party has neither produced nor imported, the producer's or importer's
designated alternative limit shall be assigned and applied only to the vol-
ume of gasoline the party has produced or imported. In such a case, the
producer or importer shall report to the executive officer in accordance
with section (a) both the volume of gasoline produced and imported by
the party, and the total volume of the final blend. The party shall also ad-
ditionally report the sulfur content, benzene content, olefin content, aro-
matic hydrocarbon content, T90, and T50, as applicable, of the portion
of the final blend neither produced nor imported by the party, determined
as set forth in section 2270(b), or section 2266.5(a)(2), as applicable.
(b) Additional prohibitions regarding gasoline to which a designated
alternative limit has been assigned.
(1) No producer or importer shall sell, offer for sale, or supply Califor-
nia gasoline in a final blend to which the producer or importer has as-
signed a designated alternative limit exceeding an applicable averaging
limit in section 2262, where the total volume of the final blend sold, of-
fered for sale, or supplied exceeds the volume reported to the executive
officer pursuant to section (a).
(2) No producer or importer shall sell, offer for sale or supply Califor-
nia gasoline in a final blend to which the producer or importer has as-
signed a designated alternative limit less than an applicable averaging
limit in section 2262, where the total volume of the final blend sold, of-
fered for sale, or supplied is less than the volume reported to the executive
officer pursuant to section (a).
(c) Offsetting exceedances of an applicable averaging limit.
(1 ) With respect to each property for which a producer or importer has
elected to be subject to the averaging limit in section 2262, within 90 days
before or after the start of physical transfer from a production or import
facility of any final blend of California gasoline to which a producer has
assigned a designated alternative limit for the property exceeding the ap-
plicable averaging limit in section 2262, the producer or importer shall
complete physical transfer from the same production or import facility
of California gasoline in sufficient quantity and with a designated alter-
native limit sufficiently below the applicable averaging limit in section
2262 to fully offset the extent to which the gasoline exceeded the applica-
ble averaging limit in section 2262. In the case of benzene, olefins, or aro-
matic hydrocarbons, the total volume of benzene, olefins, or aromatic hy-
drocarbons in excess of the averaging limit must be offset within the
specified time period; the total mass of sulfur and the degree gallons of
T50 and T90 in excess of the averaging limit must be similarly offset.
For example, within 90 days before or after the start of physical trans-
fer from a production or import facility of any final blend of California
gasoline to which a producer has assigned a designated alternative limit
for olefin exceeding 4.0 percent by volume, the producer or importer
shall complete physical transfer from the same production or import fa-
cility of California gasoline in sufficient quantity and with a designated
alternative limit sufficiently below 4.0 percent by volume to offset the
volume of the olefins in excess of a limit of 4.0 percent by volume.
(2) A producer or importer may enter into a protocol with the Execu-
tive Officer under which the producer or importer is allowed to have up
to six separate averaging banks at a single production or import facility,
applicable to operationally distinct products (e.g. different grades of gas-
oline or oxygenated and nonoxygenated). The offset requirements will
apply independently for each separate averaging bank. Once averaging
is selected for a particular product, the compliance scheme for that prod-
uct may only be changed if the change meets the applicable criteria and
conditions in sections 2264.2 and 2265(c) with respect to that product.
The protocol shall specify how the requirements in section (a)(2) and
(c)(1) will be applied to the producer's or importer's particular opera-
tions and the separate averaging banks. In order to enter into the protocol,
the Executive Officer must determine that application of the require-
ments under the protocol will not be less stringent or enforceable than ap-
plication of the express terms of sections (a)(2) and (c). Any such proto-
col shall include the producer's or importer's agreement to be bound by
the terms of the protocol.
(d) Designated alternative limits for PM alternative gasoline formula-
tions. The producer or importer of a final blend of California gasoline that
is subject to the PM averaging compliance option for one or more proper-
ties may assign a designated alternative limit to the final blend by satisfy-
ing the notification requirements of section 2264(a). The producer or im-
porter of such a final blend shall be subject to all of the provisions of this
section 2264, except that, with respect to that final blend, the PM averag-
ing limit (if any) for for each property subject to the PM averaging com-
pliance option shall replace any reference in this section 2264 to the aver-
aging limit specified in section 2262.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43013.1, 43018 and
43 1 01 , Health and Safety Code; and Western Oil and Gas Ass 'n. v. Orange County
Air Pollution Control District, 14 Cal.3d 41 1, 121 Cal. Rptr. 249 (1975). Refer-
ence: Sections 39000, 39001, 39002, 39003, 39010, 39500, 39515, 39516, 4151 1,
43000, 43013, 43013.1, 43016, 43018 and 43101, Health and Safety Code; and
Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14
Cal.3d 411, 121 Cal. Rptr. 249 (1975).
History
1. New section filed 1 1-16-92; operative 12-16-92 (Register 92, No. 47).
Page 262
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Title 13
Air Resources Board
§2265
2. Amendment of subsections (a)(l)-(5), (b)(l)-(2), and (h) and new subsection
(i) filed 6-2-95; operative 7-3-95 (Register 95, No. 22).
3. Amendment of subsections (a)(1) and (a)(4)-(5) and new subsection (j) filed
2-28-96; operative 2-28-96 pursuant to Government Code section 1 1 343.4(d)
(Register 96, No. 9).
4. Editorial correction of subsection (j) (Register 97, No. 17).
5. Change without regulatory effect providing correct placement of subsection (j)
filed 4-24-97 pursuant to section 100, title 1, California Code of Regulations
(Register 97, No. 17).
6. Amendment of section and Note filed 8-3-2000; operative 9-2-2000 (Register
2000, No. 31).
7. Amendment of subsection (a)(4), redesignation and amendment of former sub-
section (c) as new subsection (c)(1) and new subsection (c)(2) filed 8-20-2001 ;
operative 8-20-2001 pursuant to Government Code section 1 1343.4 (Register
2001, No. 34).
§ 2264.2. Election of Applicable Limit for Gasoline
Supplied From a Production or Import Facility.
(a) Election of the averaging compliance option.
(1) A producer or importer selling or supplying a final blend of gaso-
line from its production or import facility may elect pursuant to this sec-
tion 2264.2(a) to have the final blend subject to the averaging compliance
option for one or more of the following properties: sulfur, benzene, ole-
fins, aromatic hydrocarbons, T90 or T50. Once a producer or importer
has made such an election for a gasoline property, all final blends subse-
quently sold or supplied from the production or import facility shall be
subject to the averaging compliance option for that property until the pro-
ducer or importer either (A) elects in accordance with section 2264.2(b)
to have a final blend at the facility subject to the flat limit compliance op-
tion for that property, or (B) elects in accordance with section 2265(a) to
sell or supply a final blend at the facility as a PM alternative gasoline for-
mulation, or (C) elects in accordance with section 2266(c) to sell or sup-
ply a final blend at the facility as an alternative gasoline formulation.
(2) In order to elect to have a final blend subject to the averaging option
for a gasoline property, the producer or importer shall notify the execu-
tive officer of such election and of the information identified in section
2264(a)(2)(A), within the time limits set forth in section 2264(a)(2)(A)
and subject to section 2264(a)(3) and (4).
(b) Election of flat limit compliance option.
(1) A producer or importer selling or supplying a final blend of gaso-
line from its production or import facility may elect to have the final
blend subject to the flat limit compliance option in accordance with this
section 2264.2(b). No such election may be made if there are outstanding
requirements to provide offsets for the gasoline property at the facility
pursuant to section 2264(c).
(2) In order to elect to have a final blend subject to the flat limit com-
pliance option for a gasoline property, the producer or importer shall
notify the executive officer of such election and of the blend identity and
the location of the final blend, within the time limits set forth in section
2264(a)(2)(A) and subject to section 2264(a)(3) and (4).
(3) Once a producer or importer has made an election under this sec-
tion 2264.2(b) with respect to a gasoline property, all final blends subse-
quently sold or supplied from the production or import facility shall be
subject to the flat limit compliance option for that property until the pro-
ducer or importer either (A) elects in accordance with section 2264.2(a)
to have a final blend at the facility subject to the averaging compliance
option for that property, or (B) elects in accordance with section 2265(a)
to sell or supply a final blend at the facility as a PM alternative gasoline
formulation, or (C) elects in accordance with section 2266(c) to sell or
supply a final blend at the facility as an alternative gasoline formulation.
(4) Once a producer or importer has made an election under this sec-
tion 2264.2(b) with respect to a gasoline property of a final blend at a pro-
duction or import facility, the producer or importer may not use any pre-
viously assigned designated alternative limit for that property to provide
offsets pursuant to section 2264(c) for any final blend sold or supplied
from the production or import facility subsequently to the election.
(c) Inapplicability to elections for PM alternative gasoline formula-
tions.
Any election for a final blend to be subject to a PM averaging com-
pliance option or a PM flat limit compliance option shall be made in ac-
cordance with section 2265 rather than this section 2264.2.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43013.1, 43018 and
431 01 . Health and Safety Code; and Western Oil and Gas Ass 'n. v. Orange County
Air Pollution Control District. 14 Cal.3d 41 1, 121 Cat. Rptr. 249 (1975). Refer-
ence: Sections 39000, 39001, 39002, 39003. 39010, 39500, 39515, 39516, 4151 1,
43000, 43013, 43013.1, 43016, 43018 and 43101, Health and Safety Code; and
Western Oil and Gas Ass' n. v. Oranqe County Air Pollution Control District, 14
Cal.3d411, 121 Cal. Rptr. 249 (1975).
History
1. New section filed 6-2-95; operative 7-3-95 (Register 95, No. 22).
2. Amendment of subsections (b)(1) and (b)(4) and amendment of Note filed
8-3-2000; operative 9-2-2000 (Register 2000, No. 31).
§ 2264.4. Extensions of the 90-Day Offset Period Under
the Averaging or PM Averaging Compliance
Options in 1996 and 1997.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101, Health
and Safety Code ; and Western Oil and Gas A ss 'n. v . Orange County A ir Pollution
Control District, 14 Cal.3d 41 1, 121 Cal. Rptr. 249 (1975). Reference: Sections
39000, 39001. 39002, 39003, 39010, 39500, 39515, 39516,41511,43000,43016,
43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v.
Orange County Air Pollution Control District, 14Cal.3d411, 121 Cal. Rptr. 249
(1975).
History
1. New section filed 6-2-95; operative 7-3-95 (Register 95, No. 22).
2. Repealer filed 8-3-2000; operative 9-2-2000 (Register 2000, No. 31).
§ 2265. Gasoline Subject to PM Alternative Specifications
Based on the California Predictive Model.
(a) Election to sell or supply a final blend as a PM alternative gasoline
formulation.
(1 ) In order to sell or supply from its production facility or import facil-
ity a final blend of California gasoline as a PM alternative gasoline for-
mulation subject to PM alternative specifications, a producer or importer
shall satisfy the requirements of this section (a).
(2) The producer or importer shall evaluate the candidate PM alterna-
tive specifications for gasoline subject to the CaRFG Phase 2 standards
in accordance with the Air Resources Board's "California Procedures for
Evaluating Alternative Specifications for Phase 2 Reformulated Gaso-
line Using the California Predictive Model," as adopted April 20, 1995
and last amended December 11, 1998, which is incorporated herein by
reference. The producer or importer shall evaluate the candidate PM al-
ternative specifications for gasoline subject to the CaRFG Phase 3 stan-
dards in accordance with the Air Resources Board's "California Proce-
dures for Evaluating Alternative Specifications for Phase 3
Reformulated Gasoline Using the California Predictive Model," as cor-
rected November 18, 2004, which is incorporated herein by reference
(the two documents incorporated by reference in this section 2265(a)(2)
are collectively referred to as the "Predictive Model Procedures"). If the
PM alternative specifications meet the criteria for approval in the appli-
cable Predictive Model Procedures, the producer shall notify the execu-
tive officer of: (A) The identity and location of the final blend; (B) the PM
alternative specifications that will apply to the final blend, including for
each specification whether it applies as a PM flat limit or a PM averaging
limit; and (C) the numerical values for percent change in emissions for
oxides of nitrogen, hydrocarbons, and potency-weighted toxic air con-
taminants as determined in accordance with the applicable Predictive
Model Procedures. The notification shall be received by the executive of-
ficer before the start of physical transfer of the gasoline from the produc-
tion or import facility, and in no case less than 12 hours before the pro-
ducer or importer either completes physical transfer or commingles the
final blend.
(3) Once a producer or importer has notified the executive officer pur-
suant to this section 2265(a) that a final blend of California gasoline is
being sold or supplied from a production or import facility as a PM alter-
native gasoline formulation, all final blends of California gasoline subse-
quently sold or supplied from that production or import facility shall be
subject to the same PM alternative specifications until the producer or
importer either (A) designates a final blend at that facility as a PM alter-
Page 263
Register 2005, No. 10; 3-11-2005
§2266
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
native gasoline formulation subject to different PM alternative specifica-
tions, (B) elects in accordance with section 2264.2 to have a final blend
at that facility subject to flat limit compliance options and/or averaging
compliance options, or (C) elects in accordance with section 2266(c) to
sell a final blend at that facility as an alternative gasoline formulation.
(4) The executive officer may enter into a written protocol with any
individual producer or importer for the purposes of specifying how the
requirements in section (a)(2) shall be applied to the producer's or im-
porter's particular operations, as long as the executive officer reasonably
determines that application of the regulatory requirements under the pro-
tocol is not less stringent or enforceable than application of the express
terms of section (a)(2). Any such protocol shall include the producer's
or importer's agreement to be bound by the terms of the protocol.
(5) If, through no intentional or negligent conduct, a producer or im-
porter cannot report within the time period specified in section (a)(2)
above, the producer or importer may notify the executive officer of the
required data as soon as reasonably possible and may provide a written
explanation of the cause of the delay in reporting. If, based on the written
explanation and the surrounding circumstances, the executive officer de-
termines that the conditions of this section (a)(5) have been met, timely
notification shall be deemed to have occurred.
(b) Prohibited activities regarding PM alternative gasoline formula-
tions.
(1) No producer or importer shall sell, offer for sale, supply, or offer
for supply from its production or import facility California gasoline
which is reported pursuant to section 2265(a) as a PM alternative gaso-
line formulation subject to PM alternative specifications if any of the fol-
lowing occur:
(A) The identified PM alternative specifications do not meet the crite-
ria for approval in the applicable Predictive Model Procedures; or
(B) The producer was prohibited by section 2265(c) from electing to
sell or supply the gasoline as a PM alternative gasoline formulation; or
(C) The gasoline fails to conform with any PM flat limit in the identi-
fied PM alternative specifications (see section 2262.4(b) in the case of
specifications for Reid vapor pressure); or
(D) With respect to any property for which the producer or importer
has identified a PM averaging limit.
1. the gasoline exceeds the applicable PM average limit, and no desig-
nated alternative limit for the property has been established for the gaso-
line in accordance with section 2264(a); or
2. a designated alternative limit for the property has been established
for the gasoline in accordance with section 2264(a), and either of the fol-
lowing occur:
a. The gasoline exceeds the designated alternative limit for the proper-
ty, or
b. Where the designated alternative limit for the property exceeds the
PM averaging limit, the exceedance is not fully offset in accordance with
the applicable provisions in section 2264(c).
(2) Where a producer or importer has elected to sell or supply a final
blend of California gasoline as a PM alternative gasoline formulation in
accordance with this section 2265, the final blend shall not be subject to
section 2262.3(b) and (c), section 2262.4(b), and section 2262.5(c).
(c) Restrictions associated with elections to sell or supply final blends
as PM alternative gasoline formulations.
( 1 ) A producer or importer may not elect to sell or supply from its pro-
duction or import facility a final blend of California gasoline as a PM al-
ternative gasoline formulation if the producer or importer is subject to
any outstanding requirements to provide offsets at the same production
or import facility pursuant to section 2264(c).
(2) Once a producer or importer has elected to sell or supply from its
production or import facility a final blend of California gasoline as a PM
alternative gasoline formulation subject to a PM averaging compliance
option for one or more properties, the producer or importer may not elect
any other compliance option, including another PM alternative gasoline
formulation, if there are outstanding requirements to provide offsets for
such property or properties pursuant to section 2264(c). However, this
section (c)(2) shall not preclude a producer or importer under the circum-
stances described above from electing another PM alternative gasoline
formulation where:
(A) the only changes are that either:
1 . PM flat limits for one or more properties are changed to PM averag-
ing limits, or
2. a single PM averaging limit for which there are no outstanding re-
quirements to provide offsets is changed to a PM flat limit, and
(B) there are no changes to the PM alternative specifications for the
remaining properties, and
(C) the new PM alternative formulation meets the criteria for approval
in the applicable Predictive Model Procedures.
(3) Once a producer or importer has elected to sell or supply from its
production or import facility a final blend of California gasoline as a PM
alternative gasoline formulation, the producer or importer may not use
any previously assigned designated alternative limit for a property to pro-
vide offsets pursuant to section 2264(c) for any final blend sold or
supplied from the production or import facility subsequent to the elec-
tion.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43013.1, 43018 and
43101. Health and Safety Code; and Western Oil and Gas Ass '/?. v. Orange County
Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). Refer-
ence: Sections 39000, 39001, 39002, 39003, 39010, 39500, 39515, 39516,4151 1,
43000, 43013, 43013.1, 43016. 43018 and 43101, Health and Safety Code; and
Western Oil and Gas Ass' n. v. Oranqe Count}' Air Pollution Control District, 14
Cal.3d 411, 121 Cal. Rptr. 249 (1975).
History
1 . New section filed 6-2-95; operative 7-3-95 (Register 95. No. 22).
2. Amendment of subsection (c)(2) and new subsections (c)(A)-(C) filed
2-28-96; operative 2-28-96 pursuant to Government Code section 1 1343.4(d)
(Register 96, No. 9).
3. Amendment of subsection (a)(2) filed 3-31-99; operative 3-31-99 pursuant to
Government Code section 11343.4(d) (Register 99, No. 14).
4. Amendment of section and Note filed 8-3-2000; operative 9-2-2000 (Register
2000, No. 31).
5. Amendment of subsection (a)(2) filed 8-20-2001; operative 8-20-2001 pur-
suant to Government Code section 1 1343.4 (Register 2001, No. 34).
6. Amendment of subsections (b) and (b)(1)(C) filed 12-24-2002; operative
12-24-2002 pursuant to Government Code section 11343.4 (Register 2002,
No. 52).
7. Amendment of subsection (a)(2) filed 3-10-2005; operative 4-9-2005 (Regis-
ter 2005, No. 10).
§ 2266. Certified Gasoline Formulations Resulting in
Equivalent Emission Reductions Based on
Motor Vehicle Emissions Testing.
(a) Certification of test-certified alternative gasoline formulations.
Following application by a producer or importer, the executive officer
may certify, and identify alternative specifications for, a test-certified al-
ternative gasoline formulation pursuant to the Air Resources Board's
"California Procedures for Evaluating Alternative Specifications for
Gasoline Using Vehicle Emissions Testing," as last amended April 25,
2001 , which is incorporated herein by reference.
(b) Prohibited activities regarding test-certified alternative gasoline
formulations.
(1) No producer or importer shall sell, offer for sale, supply, or offer
for supply from its production facility or import facility California gaso-
line which has been reported pursuant to section (c) as a test-certified al-
ternative gasoline formulation, if it fails to conform with any of the alter-
native specifications identified in the certification order for the
formulation, as determined in accordance with the test methods identi-
fied in the certification order.
(2) A producer or importer who has reported a final blend of gasoline
as a test-certified alternative gasoline formulation shall not be subject to
section 2262.3(b) or (c), section 2262.4(b), and section 2262.5(c).
(c) Notification regarding sales and supplies of a test-certified alterna-
tive gasoline formulation. A producer or importer intending to sell or sup-
ply a final blend of California gasoline from its production facility or im-
port facility as a test-certified alternative gasoline formulation shall
notify the executive officer in accordance with this section (c). The notifi-
cation shall identify the final blend and the identification name of the test-
•
Page 264
Register 2005, No. 10; 3-11-2005
Title 13
Air Resources Board
§ 2266.5
•
certified alternative gasoline formulation. The notification shall be re-
ceived by the executive officer at least 12 hours before start of physical
transfer of the final blend from the production or import facility. A pro-
ducer or importer intending to have a series of its final blends be a specific
test-certified alternative gasoline formulation may enter into a protocol
with the executive officer for reporting such blends as long as the execu-
tive officer reasonably determines the reporting under the protocol would
provide at least as much notice to the executive officer as notification pur-
suant to the express terms of this section (c).
NOTE: Authority cited: Sections 39600, 39601, 43013, 43013.1, 43018 and
431 01 , Health and Safety Code; and Western Oil and Gas Ass 'n. v. Orange Counrv
Air Pollution Control District, 14 Cal.3d 41 1 , 121 Cal. Rptr. 249 (1975). Refer-
ence: Sections 39000, 39001, 39002. 39003, 39010, 39500, 39515, 39516.4151 1.
43000, 43013, 43013.1, 43016, 43018 and 43101, Health and Safety Code; and
Western Oil and Gas Ass'n. v. Orcmqe County Air Pollution Control District, 14
Cal.3d 411, 121 Cal. Rptr. 249 (1975).
History
1. New section filed 1 1-16-92: operative 12-16-92 (Register 92, No. 47).
2. Amendment of subsection (b)(2) and amendment of NOTE filed 8-3-2000; op-
erative 9-2-2000 (Register 2000, No. 31).
3. Amendment of section heading and section filed 8-20-2001; operative
8-20-2001 pursuant to Government Code section 1 1 343.4 (Register 2001 , No.
34).
§ 2266.5. Requirements Pertaining to California
Reformulated Gasoline Blendstock for Oxygen
Blending (CARBOB) and Downstream
Blending.
(a) Application of the California gasoline standards to CARBOB.
(1) Applicability of standards and requirements to CARBOB. All of
the standards and requirements in sections 2261, 2262, 2262.3, 2262.4,
2262.5(a), (b), (c) and (e), 2262.6, 2264, 2264.2, 2265, 2266, 2267, 2268,
2270, 2271 and 2272 pertaining to California gasoline or transactions in-
volving California gasoline also apply to CARBOB or transactions in-
volving CARBOB. Whenever the term "California gasoline" is used in
the sections identified in the preceding sentence, the term means "Cali-
fornia gasoline or CARBOB." Whenever the term "gasoline" is used in
section 2265(b)(1), the term means "California gasoline or CARBOB."
(2) Determining whether a final blend of CARBOB complies with the
standards for California gasoline.
(A) General.
1. Applicability. This section (a)(2) governs the determination of
whether a final blend of CARBOB complies with the standards for
California gasoline that apply when the gasoline is sold or supplied from
the production or import facility at which it was produced or imported.
Section (a)(6) governs the determination of whether downstream CAR-
BOB that has already been supplied from its production or import facility
complies with the applicable cap limits for California gasoline.
2. Where a producer or importer has designated a final blend as CAR-
BOB and has complied with all applicable provisions of this section
2266.5, the properties of the final blend for purposes of compliance with
sections 2262, 2262.3, 2262.4, 2262.5, 2262.6, 2265 and 2266 shall be
determined in accordance with section (a)(2)(B) or (a)(2)(C) as appli-
cable.
3. If the producer or importer has not complied with all applicable pro-
visions of this section 2266.5, the properties of the final blend for pur-
poses of the producer's or importer's compliance with the limits for sul-
fur, benzene, aromatic hydrocarbons, olefins, T50, T90, and oxygen
required by sections 2262.3, 2262.5, 2265 and 2266 shall be determined
without using the CARBOB Model or adding oxygenate to the gasoline,
and compliance with the flat limits for Reid vapor pressure and oxygen-
ates required by sections 2262.4, 2262.6, 2265 and 2266 shall be deter-
mined in accordance with section (a)(2)(B) or (a)(2)(C) as applicable.
(B) Determining whether a final blend of CARBOB complies with the
standards for California gasoline by use of the CARBOB Model.
1 . A producer or importer may elect to have the CARBOB model used
in determining whether a final blend designated as CARBOB complies
with the standards applicable to California gasoline, by providing the no-
tice in section (b)(1)(C). In this case, the CARBOB limits for the final
blend shall be determined in accordance with the "Procedures for Using
the California Model for California Reformulated Gasoline Blendstocks
for Oxygenate Blending (CARBOB)," as adopted April 25, 2001. The
CARBOB' s compliance with the assigned CARBOB limit for a property
shall constitute compliance with the corresponding finished gasoline
limit — be it a section 2262 flat limit, PM flat limit, TC limit, or (if no
designated alternative limit has been established) section 2262 or PM av-
eraging limit. In addition, where the producer or importer has elected to
use the CARBOB model for a given final blend that is not being trans-
ferred from its production or import facility during the Reid vapor pres-
sure control period for that facility set forth in section 2262.4(a), the final
blend must have a Reid vapor pressure no lower than the value used in
the T50 CARBOB model.
2. Notwithstanding section (a)(2)(B)!., where a final blend of CAR-
BOB is sampled and analyzed by a state board inspector in accordance
with section 2263 using the methodology in (a)(2)(C), the results may be
used to establish a violation of applicable standards for California gaso-
line.
(C) Determining whether a final blend of CARBOB complies with the
standards for California gasoline by oxygenate blending and testing. Ex-
cept as otherwise provided in section (a)(2)(B), the properties of a final
blend of CARBOB shall be determined for purposes of compliance with
sections 2262, 2262.3, 2262.4, 2262.5 2262.6, 2265 and 2266 by adding
the specified type and amount of oxygenate to a representative sample of
the CARBOB and determining the properties and characteristics of the
resulting gasoline in accordance with an applicable test method identi-
fied in section 2263(b) or permitted under section 2263(c). Where the
producer or importer has in accordance with section (b)(1)(E) designated
a range for oxygen from denatured ethanol of 1.8 wt.% to 2.2 wt.% (or
a range that is within 1 .8 wt.% and 2.2 wt.% and includes 2.0 wt.%), dena-
tured ethanol equal to 5.7 vol. % of the blended volume shall be added;
where the designated range for oxygen from denatured ethanol is 2.5
wt.% to 2.9 wt.% (oris within 2.5 wt.% and 2.9% and includes 2.7 wt.%),
denatured ethanol equal to 7.7 vol.% of the blended volume shall be add-
ed; and where the designated range for oxygen from denatured ethanol
is 3.3 wt.% to 3.7 wt.% (or is within 3.3 wt.% and 3.7 wt.% and includes
3.5 wt.%), denatured ethanol equal to 10.0 vol.% of the blended volume
shall be added. In all other cases where the designated range for oxygen
from denatured ethanol is no greater than 0.4 wt.%, the amount of dena-
tured ethanol added shall be the volume percent that results in an oxygen
content at the midpoint of the range of oxygen, based on the following
equation:
Vol.% Denatured Ethanol = 620 - [(218.8 - wt.% oxygen) - 0.40]
Where the producer or importer has in accordance with section
(b)( 1 )(E) designated a range of amounts of oxygen that is greater than 0.4
wt.%, or an oxygenate other than denatured ethanol, the oxygenate shall
be added in an amount that results in an oxygen content within 0.2 wt.%
of the designated minimum oxygen level.
(D) Characteristics of denatured ethanol used in determining whether
a final blend of CARBOB complies with the standards for California gas-
oline.
1 . Default denatured ethanol characteristics on or after December 31,
2003 when the CARBOB Model is used. Except as provided in section
(a)(2)(D)3., where a producer or importer has elected to use the CAR-
BOB Model for a final blend of CARBOB supplied from its production
or import facility on or after December 31, 2003, the following default
denatured ethanol specifications shall be specified for the CARBOB
Model:
Sulfur content: 10 parts per million
Benzene content: 0.06 volume percent
Olefin content: 0.5 volume percent
Aromatic hydrocarbon content: 1.7 volume percent
2. Default denatured ethanol characteristics on or after December 31,
2003 when the CARBOB Model is not used. Except as provided in section
(a)(2)(D)3 ., where a producer or importer has not elected to use the CAR-
BOB Model, denatured ethanol used as the oxygenate must have the fol-
lowing properties in determining whether CARBOB complies with the
Page 265
Register 2006, No. 42; 10-20-2006
§ 2266.5
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
standards applicable to California gasoline when it is supplied from the
production facility or import facility on or after December 31, 2003:
Sulfur content: 3-10 parts per million
Benzene content: 0-0.06 volume percent
Olefin content: 0-0.5 volume percent
Aromatic hydrocarbon content: 0-1.7 volume percent
3. Producer- or importer-specified characteristics of denatured etha-
nol used in determining whether a final blend ofCARBOB complies with
the standards for California gasoline.
a. With respect to a final blend ofCARBOB supplied from its produc-
tion or import facility prior to December 31 , 2003. the producer or im-
porter must specify the properties of the oxygenate used in determining
whether the final blend of CARBOB complies with the applicable
California gasoline standards, by providing the notice in section
(b)(1)(D). With respect to a final blend ofCARBOB supplied from its
production or import facility on or after December 3 1 , 2003, the producer
or importer may elect to specify the properties of the oxygenate in accor-
dance with the preceding sentence. Where the producer or importer has
elected to use the CARBOB model in connection with the final blend, the
maximum value for each property identified in the section (b)(1)(D) noti-
fication shall be used for the CARBOB Model. Where the producer or
importer has not elected to use the CARBOB model in connection with
the final blend, the oxygenate used in oxygenate blending and testing in
accordance with section (a)(2)(C) 1 . must not exceed the maximum value
for each property identified in the section (b)(1)(D) notification; that ox-
ygenate's specifications for each property may be under the maximum
value for each property identified in the section (b)(1)(D) notification by
no more than the following:
Sulfur content: 5 parts per million
Benzene content: 0.06 volume percent
Olefin content: 0.1 volume percent
Aromatic hydrocarbon content: 1 .0 volume percent
b. Maintaining oxygenate samples for use in compliance testing. A
producer or importer who is specifying the properties of the oxygenate
used in a final blend of CARBOB in accordance with the preceding sec-
tion (a)(2)(D)3.a. must maintain at the production or import facility,
while the final blend is at the facility, oxygenate meeting the required
specifications in quantities that are sufficient to enable state board in-
spectors to use the oxygenate in compliance determinations.
(E) Protocol for determining whether a final blend of CARBOB com-
plies with the standards for California gasoline. The executive officer
may enter into a written protocol with any individual producer or import-
er for the purpose of specifying a alternative method for determining
whether a final blend of CARBOB complies with the standards for
California gasoline, as long as the executive officer reasonably deter-
mines that application of the protocol is not less stringent or enforceable
than application of the express terms of section (a)(2)(A)-(D). Any such
protocol shall include the producer's or importer's agreement to be
bound by the terms of the protocol.
(3) Calculating the volume of a final blend ofCARBOB. Where a pro-
ducer or importer has designated a final blend as CARBOB and has com-
plied with all applicable provisions of this section 2266.5, the volume of
the final blend shall be calculated for all purposes under section 2264 by
adding the minimum designated amount of the oxygenate having the
smallest volume designated by the producer or importer. If the producer
or importer has not complied with any applicable provisions of this sec-
tion 2266.5, the volume of the final blend for purposes of the refiner or
producer's compliance with sections 2262, 2262.3, 2262.4, 2262.5,
2262.6, 2265 and 2266 shall be calculated without adding the amount of
oxygenate to the CARBOB.
(4) Specifications for a final blend of CARBOB when the CARBOB
model is not being used. A producer or importer who has not elected to
use the CARBOB model pursuant to section (a)(2)(B) with regard to a
final blend of CARBOB may not sell, offer for sale, supply or offer for
sale that final blend of CARBOB from its production facility or import
facility where the sulfur, benzene, olefin or aromatic hydrocarbon con-
tent of the CARBOB, when multiplied by (1 minus the designated maxi-
mum volume percent, expressed as a decimal fraction, that the oxygenate
will represent after it is added to the CARBOB), results in a sulfur, ben-
zene, olefin or aromatic hydrocarbon content value exceeding the appli-
cable limit for that property.
(5) Assignment of designated alternative limits for CARBOB and for
the oxygenated California gasoline where the producer or importer has
elected to use the CARBOB model.
(A) Applicability. This section (a)(5) applies where a producer or im-
porter has elected to have the CARBOB model apply in connection with
a final blend of CARBOB which is also subject to an averaging com-
pliance option or a PM averaging compliance option for one or more
properties.
(B) Assignment of CARBOB designated alternative limit. The produc-
er or importer may assign a CARBOB designated alternative limit for the
final blend of CARBOB by satisfying the notification requirements of
section (a)(5)(D). In no case shall a CARBOB designated alternative lim-
it be less than the sulfur, benzene, olefin or aromatic hydrocarbon con-
tent, orT90 orT50, of the final blend shown by the sample and test of the
CARBOB conducted pursuant to section 2270. The CARBOB desig-
nated alternative limit shall be treated as the designated alternative limit
under section 2262.3(c)(2), and a violation of section 2262.3(c)(2) will
exist when the CARBOB exceeds the CARBOB designated alternative
limit.
(C) Determining the designated alternative limit for the final blend af-
ter the CARBOB is oxygenated. Whenever a producer or importer has as-
signed a designated alternative limit for a final blend of CARBOB, the
designated alternative limit for the final blend after the CARBOB is oxy-
genated shall be determined in accordance with the "Procedures for Us-
ing the California Model for California Reformulated Gasoline Blend-
stocks for Oxygenate Blending (CARBOB)," as adopted April 25, 2001 .
This will be the final blend's designated alternative limit for purposes of
compliance with sections 2262.3(c)(3) and 2264(b) and (c).
(D) Notification. The producer or importer shall notify the executive
officer of the CARBOB designated alternative limit, the designated alter-
native limit for the final blend after it is oxygenated, and all other in-
formation identified in section 2264(a)(2)(A), within the time limits set
forth in section 2264(a)(2)(A) and subject to section 2264(a)(3) and (4).
(6) Determining whether downstream CARBOB complies with the cap
limits for California gasoline.
(A) Determining whether downstream CARBOB complies with the
cap limits for California gasoline through the use ofCARBOB cap limits
derived from the CARBOB Model. Whenever downstream CARBOB
designated for ethanol blending has already been supplied from its pro-
duction or import facility, the CARBOB's compliance with the cap limits
for California gasoline may be determined by applying the CARBOB cap
limits in the following table:
Property CARBOB Cap Limits
CaRFG3
5.99
662
322
1.22
38.7
11.1
2323
2373
335
1 The Reid vapor pressure standards apply only during the warmer weather months
identified in section 2262.4.
2 The CaRFG Phase 3 CARBOB cap limits for sulfur are phased in starting Decem-
ber 31, 2003, and December 31, 2005, in accordance with section 2261(b)(1)(A).
3 The first number applies to CARBOB that is subject to the Reid vapor pressure
standard pursuant to section 2262.4, and the second number applies to CARBOB
that is not subject to the Reid vapor pressure standard.
CaRFG2
Reid Vapor Pressure1
5.78
(pounds per square inch)
Sulfur Content
89
(parts per million by weight)
Benzene Content
1.33
(percent by volume)
Aromatics Content
33.1
(percent by volume)
Olefins Content
11.1
(percent by volume)
T50
2323
(degrees Fahrenheit)
2373
T90
335
(degrees Fahrenheit)
•
Page 266
Register 2006, No. 42; 10-20-2006
Title 13
Air Resources Board
§ 2266.5
(B) Determining whether downstream CARBOB complies with the
cap limits for California gasoline by oxygenate blending and testing.
Whenever downstream CARBOB designated for oxygenate blending
has already been supplied from its production or import facility, the
CARBOB's compliance with the cap limits for California gasoline may
be determined by adding the specified type and amount of oxygenate to
a representative sample of the CARBOB and determining the properties
and characteristics of the resulting gasoline in accordance with an appli-
cable test method identified in section 2263(b) or permitted under section
2263(c). Denatured ethanol used as the oxygenate must have the proper-
ties set forth in section (a)(2)(D)2. Where the designated range for oxy-
gen from denatured ethanol is 1.8 wt.% and 2.2 wt.% (or is within 1.8
wt.% and 2.2 wt.% and includes 2.0 wt.%), denatured ethanol equal to 5.7
vol.% of the blended volume shall be added; where the designated range
for oxygen from denatured ethanol is 2.5 wt.% and 2.9 wt.% (or is within
2.5 wt.% and 2.9 wt.% and includes 2.7 wt.%), denatured ethanol equal
to 7.7 vol.% of the blended volume shall be added; and where the desig-
nated range for oxygen from denatured ethanol is 3.3 wt.% to 3.7 wt.%
(or is within 3.3 wt.% and 3.7 wt.% and includes 3/5 wt.%), denatured
ethanol equal to 10.0 vol.% of the blended volume shall be added. In all
other cases where the designated range for oxygen from denatured etha-
nol is no greater than 0.4 wt.%, the amount of denatured ethanol added
shall be the volume percent that results in an oxygen content at the mid-
point of the range of oxygen, based on the following equation:
Vol.% Denatured Ethanol = 620 - [(218.8 - wt.% oxygen) - 0.40]
Where the designated a range of amounts of oxygen is greater than 0.4
wt.%, or an oxygenate other than denatured ethanol is designated, the ox-
ygenate shall be added in an amount that results in an oxygen content
within 0.2 wt.% of the designated minimum oxygen level.
(C) Protocols. A person may enter into a protocol with the executive
officer for the purpose of identifying more stringent specifications for the
denatured ethanol used pursuant to section (a)(6)(B), or different CAR-
BOB cap limits under section (a)(6)(A), if the executive officer reason-
ably determines that the specifications or cap limits are reasonably prem-
ised on the person's program to assure that the denatured ethanol added
to the CARBOB by oxygenate blenders will meet the more stringent
specifications.
(b) Notification to ARB regarding the supply of CARBOB from the fa-
cility at which it was produced or imported.
(1) A producer or importer supplying a final blend of CARBOB from
the facility at which the producer or importer produced or imported the
CARBOB must notify the executive officer of the information set forth
below, along with any information required under section 2265(a)(2) (for
a PM alternative gasoline formulation) or 2266(c) (for a test-certified al-
ternative gasoline formulation). The notification must be received by the
executive officer before the start of physical transfer of the final blend of
CARBOB from the production or import facility, and in no case less than
12 hours before the producer or importer either completes physical trans-
fer or commingles the final blend.
(A) The identity and location of the final blend;
(B) The designation of the final blend as CARBOB;
(C) If the producer or importer is electing to use the CARBOB model
to determine whether the final blend complies with the standards applica-
ble to California gasoline when it is supplied from the production facility
or import facility, a statement of that election and
1 . Each of the CARBOB limits that will apply to the final blend for
properties not subject to the averaging compliance option or the PM aver-
aging compliance option; and
2. For any property subject to the averaging compliance option or the
PM averaging compliance option, the averaging or PM averaging limit
for the CARBOB (the CARBOB is subject to this limit only if no desig-
nated alternative limit is assigned to the CARBOB pursuant to section
2266.5(a)(5)(B));
(D) If the producer or importer is specifying, pursuant to section
(a)(2)(D)3., the properties of the oxygenate to be added downstream by
the oxygenate blender, a statement of that election, the type of oxygenate,
and the oxygenate' s specifications for the following properties:
Maximum sulfur content (nearest part per million by weight)
Maximum benzene content (nearest hundredth of a percent by vol-
ume)
Maximum olefin content (nearest tenth of a percent by volume)
Maximum aromatic hydrocarbon content (nearest tenth of a percent by
volume)
(E) The designation of each oxygenate type or types and amount or
range of amounts to be added to the CARBOB, and the applicable flat
limit, PM alternative specification, orTC alternative specification for ox-
ygen. The amount or range of amounts of oxygenate to be added shall be
expressed as a volume percent of the gasoline after the oxygenate is add-
ed, in the nearest tenth of a percent. For any final blend of CARBOB ex-
cept one that is subject to PM alternative specifications orTC alternative
specifications, the amount of oxygenate to be added must be such that the
resulting California gasoline will have a minimum oxygen content no
lower than 1.8 percent by weight and a maximum oxygen content no
greater than 2.2 percent by weight. For a final blend of CARBOB that is
subject to PM alternative specifications, the amount or range of amounts
of oxygenate to be added must be such that the resulting California gaso-
line has an oxygen content that meets the oxygen content PM alternative
specification for the final blend. For a final blend of CARBOB that is sub-
ject to TC alternative specifications, the amount or range of amounts of
oxygenate to be added must be such that the resulting California gasoline
has an oxygen content that meets the oxygen content alternative specifi-
cation for the final blend.
(2) Applicability of notification to subsequent final blends. The notifi-
cation a producer or importer provides pursuant to section (b)(l )(B), (C),
(D) and (E) for a final blend of CARBOB shall apply to all subsequent
final blends of CARBOB or California gasoline supplied by the producer
or importer from the same production or import facility until the producer
or importer designates a final blend at that facility as either (i) California
gasoline rather than CARBOB, or (ii) CARBOB subject to a new notifi-
cation made pursuant to section (b)(1).
(3) Allowance of late notifications. If, through no intentional or negli-
gent conduct, a producer or importer cannot report within the time period
specified in (b)(1) above, the producer or importer may notify the execu-
tive officer of the required data as soon as reasonably possible and may
provide a written explanation of the cause of the delay in reporting. If,
based on the written explanation and the surrounding circumstances, the
executive officer determines that the conditions of this section (b)(3)
have been met, timely notification shall be deemed to have occurred.
(4) Protocols. The executive officer may enter into a written protocol
with any individual producer or importer for the purpose of specifying
how the requirements in section (b)(1) shall be applied to the producer's
or importer's particular operations, as long as the executive officer rea-
sonably determines that application of the regulatory requirements under
the protocol is not less stringent or enforceable than application of the ex-
press terms of section (b)(1). Any such protocol shall include the produc-
er's or importer's agreement to be bound by the terms of the protocol.
(c) [Reserved]
(d) Documentation required when CARBOB is transferred.
(1) Required Documentation. On each occasion when any person
transfers custody or title of CARBOB, the transferor shall provide the
transferee a document that prominently:
(A) States that the CARBOB does not comply with the standards for
California gasoline without the addition of oxygenate,
(B) Identifies the applicable flat limit, PM alternative specification, or
TC alternative specification for oxygen, and
(C) Identifies, consistent with the notification made pursuant to sec-
tion (b), the oxygenate type or types and amount or range of amounts that
must be added to the CARBOB to make it comply with the standards for
California gasoline. Where the producer or importer of the CARBOB has
Page 267
Register 2006, No. 42; 10-20-2006
§ 2266.5
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
elected to specify the properties of the oxygenate pursuant to section
(b)(1)(D), the document must also prominently identify the maximum
permitted sulfur, benzene, olefin and aromatic hydrocarbon contents —
not to exceed the maximum levels in the section (b)(l )(D) notification —
of the oxygenate to be added to the CARBOB.
(2) Compliance by pipeline operator. A pipeline operator may comply
with this requirement by the use of standardized product codes on pipe-
line tickets, where the code(s) specified for the CARBOB is identified in
a manual that is distributed to transferees of the CARBOB and that sets
forth all of the required information for the CARBOB.
(e) Restrictions on transferring CARBOB.
(\) Required agreement by transferee. No person may transfer owner-
ship or custody of CARBOB to any other person unless the transferee has
agreed in writing with the transferor that either:
(A) The transferee is a registered oxygenate blender and will add oxy-
genate of the type(s) and amount (or within the range of amounts) desig-
nated in accordance with section (b) before the CARBOB is transferred
from a final distribution facility, or
(B) The transferee will take all reasonably prudent steps necessary to
assure that the CARBOB is transferred to a registered oxygen blender
who adds the type and amount (or within the range of amounts) of oxy-
genate designated in accordance with section (b) to the CARBOB before
the CARBOB is transfered from a final distribution facility.
(2) Prohibited sales of CARBOB from a final distribution facility. No
person may sell or supply CARBOB from a final distribition facility
where the type and amount or range of amounts of oxygenate designated
in accordance with section (b) has not been added to the CARBOB.
(f) Restrictions on blending CARBOB with other products.
( 1 ) Basic prohibition. No person may combine any CARBOB that has
been supplied from the facility at which it was produced or imported with
any other CARBOB, gasoline, blendstock or oxygenate, except:
(A) The specified oxygenate.
1 . The CARBOB may be blended with oxygenate of the type and
amount (or within the range of amounts) specified by the producer or im-
porter at the time the CARBOB was supplied from the production or im-
port facility.
2. Where ethanol is the specified oxygenate and specifications for the
ethanol are identified in the product transfer document for the CARBOB
pursuant to section 2266.5(d)(1)(C), only ethanol meeting those specifi-
cations may be combined with the CARBOB.
3. Where ethanol is the specified oxygenate and specifications for the
ethanol are not identified, only ethanol meeting the standards in section
2262.9(a) may be combined with the CARBOB.
(B) Identically-specified CARBOB. The CARBOB may be blended
with other CARBOB for which the same oxygenate type, and the same
amount (or range of amounts) of oxygen, was specified by the producer
or importer at the time the CARBOB was supplied from the production
or import facility. However, where specifications for the denatured etha-
nol to be added to the CARBOB have been established pursuant to sec-
tion 2266.5(a)(2)(D)3, it may only be blended with other CARBOB for
which the same denatured ethanol specifications have been set.
(C) CARBOB specified for different oxygen level. Where a person is
changing from an initial to a new type of CARBOB stored in a storage
tank at a terminal or bulk plant, and the conditions below are met; in this
case, the CARBOB in the tank after the new type of CARBOB is added
will be treated as that new type of CARBOB.
1 . The change in service is for legitimate operational reasons and is not
for the purpose of combining the different types of CARBOB;
2. The initial and new CARBOBs are designated for blending with dif-
ferent amounts (or ranges of amounts) of oxygen, and the change in oxy-
gen content will not exceed 1 . 1 weight percent of the oxygenated gaso-
line blend;
3. The volume of the new CARBOB that is added to the tank is at least
four times as large as the volume of the initial CARBOB in the tank, and
4. The sulfur content of the new CARBOB added to the tank is no more
than 12 parts per million.
(D) California gasoline not subject to RVP standard. Where a person
is changing from California gasoline to CARBOB as the product stored
in a storage tank at a terminal or bulk plant and the conditions below are
met; in this case the product in the tank, pipe or manifold after the new
product is added will be treated as the new type of product.
1 . The change in service is for legitimate operational reasons and is not
for the purpose of combining the California gasoline and CARBOB and
2. The resulting blend of product in the tank is supplied from the termi-
nal or bulk plant during a time that it is not subject to the standards for
Reid vapor pressure under section 2262.4.
(E) Limited amounts of California gasoline containing ethanol. A per-
son may add California gasoline containing ethanol to CARBOB at a ter-
minal or bulk plant if all of the following conditions are met, in which
case the resulting mixture will continue to be treated as CARBOB.
1 . The gasoline is added to the CARBOB for one of the following op-
erational reasons:
a. The gasoline resulted from oxygenating CARBOB at the terminal
or bulk plant during calibration of oxygenate blending equipment; or
b. The gasoline resulted from the unintentional over- or under-oxy-
genation of CARBOB during the loading of a cargo tank truck at the ter-
minal or bulk plant; or
c. The gasoline was pumped out of a gasoline storage tank at a motor
vehicle fueling facility for legitimate operational reasons.
2. The non-oxygenate portion of the gasoline complies with the appli-
cable cap limits for CARBOB in section 2266.5(a)(6).
3. The resulting mixture of CARBOB has an oxygen content not ex-
ceeding 0.1 percent by weight.
a. The oxygen content of the mixture may be determined arithmetical-
ly by [i] using the volume of the CARBOB prior to mixing based on cali-
brated tank readings, [ii] using the volume of the gasoline added based
on calibrated meter readings, [iii] using the volume of the denatured etha-
nol in the gasoline being added based on direct calibrated meter readings
of the denatured ethanol if available, [iv] calculating weight percent oxy-
gen of the gasoline being added from volume percent denatured ethanol
based on the following formula:
(wt.% oxygen) = 218.8/{[620/(vol.% deEtOH)] + 0.40},
and [v] accounting for any oxygen in the CARBOB tank due to previous
additions of gasoline to the tank.
b. If the meter readings described in section 2266.5(f)(l)(E)3.a.[iii]
are not available, the oxygen content of the mixture may be determined
arithmetically by [i] using the volume of the CARBOB prior to mixing
based on calibrated tank readings, [ii] using the volume of the gasoline
added based on calibrated meter readings, [iii] using the oxygen content
of the gasoline in weight percent based on sampling and testing of the
gasoline for denatured ethanol content in accordance with methods spe-
cified in section 2263, and [iv] accounting for any oxygen in the CAR-
BOB tank due to previous additions of gasoline to the tank.
c. In making the determination described in section
2266.5(f)(l)(E)3.a. or b., the oxygen content of the mixture shall be cal-
culated based on the following formula:
(wt.% oxygen) « [(volume CARBOB)*(wt.% oxygen in CARBOB)
+ (volume gasoline)*(wt.% oxygen in gasoline] / [(volume CAR-
BOB) + (volume gasoline)].
4. Prior to the mixing, the operator of the terminal or bulk plant notifies
the executive officer of the following:
a. The identity and location of the facility at which the mixing will take
place;
b. The operational reason for adding the gasoline into the CARBOB;
c. The projected percentage oxygen content of the mixture.
5. The terminal or bulk plant operator maintains for two years records
documenting the information identified in section 2266.5(f)(l)(E)4, and
makes them available to the executive officer upon request.
(2) Protocols.
(A) Protocols covering the changeover in service of a storage tank.
Notwithstanding section (f)(1), the executive officer may enter into a
written protocol with any person to identify conditions under which the
Page 268
Register 2006, No. 42; 10-20-2006
Title 13
Air Resources Board
§ 2266.5
person may lawfully combine CARBOB with California gasoline or oth-
er CARBOB during a changeover in service of a storage lank for a legiti-
mate operational business reason. The executive officer may only enter
into such a protocol if he or she reasonably determines that commingling
of the two products will be minimized as much as is reasonably practical.
Any such protocol shall include the person's agreement to be bound by
the terms of the protocol.
(B) Protocols for blending transmix into CARBOB. Notwithstanding
section (f)( 1 ), the executive officer may enter into a written protocol with
any person to identify conditions under which the person may lawfully
blend transmix into CARBOB which has been supplied from its produc-
tion or import facility. The executive officer may enter into such a proto-
col only if he or she reasonably determines that alternatives to the blend-
ing are not practical and the blending will not significantly affect the
properties of the CARBOB gasoline into which the transmix is added.
Any such protocol shall include the person's agreement to be bound by
the terms of the protocol.
(C) Protocols In Other Situations. Notwithstanding section (f)(1), the
executive officer may enter into a written protocol with any person to
identify conditions under which the person may lawfully add California
gasoline or other CARBOB to CARBOB in a storage tank at a terminal
or bulk plant in situations other than those identified in sections
2266.5(f)(1)(C), (D), or (E), or (f)(2)(A) or (B). The executive officer
may enter into such a protocol only if he or she reasonably determines
that alternatives to the activity are not practical and the blending will not
significantly affect the properties of the CARBOB into which the gaso-
line or CARBOB is added. The protocol shall include any of the condi-
tions in section 2266.5(f)(1)(E) that the executive officer determines are
necessary and appropriate. Any such protocol shall include the person's
agreement to be bound by the terms of the protocol.
(g) Requirements for oxygenate blenders.
(1) Registration and Certification.
(A) Registration. Any oxygen blender must register with the executive
officer by March 1 , 1 996, or at least 20 days before blending oxygenates
with CARBOB, whichever occurs later. Thereafter, an oxygenate blend-
er must register with the executive officer annually by January 1 . The reg-
istration must be addressed to he attention of the Chief, Compliance Divi-
sion, California Air Resources Board, P.O. Box 2815, Sacramento, CA,
95812.
(B) Required contents of registration. The registration must include
the following:
1. The oxygen blender's contact name, telephone number, principal
place of business which shall be a physical address and not a post office
box, and any other place of business at which company records are main-
tained.
2. For each of the oxygen blender's oxygenate blending facilities, the
facility name, physical location, contact name, and telephone number.
(C) Issuance of certificate. The executive officer shall provide each
complying oxygen blender with a certificate of registration compliance
no later than June 30. The certification shall be effective from no later
than July 1 , through June 30 of the following year. The certification shall
constitute the oxygen blender's certification pursuant to Health and Safe-
ty Code section 43026.
(D) Submittal of updated information. Any oxygen blender must sub-
mit updated registration information to the executive officer at the ad-
dress identified in section (g)(1)(A) within 30 days of any occasion when
the registration information previously supplied becomes incomplete or
inaccurate.
(2) Requirement to add oxygenate to CARBOB. Whenever an oxygen-
ate blender receives CARBOB from a transferor to whom the oxygenate
blender has represented that he/she will add oxygenate to the CARBOB,
the oxygenate blender must add to the CARBOB oxygenate of the type(s)
and amount (or within the range of amounts) identified in the documenta-
tion accompanying the CARBOB. If the documentation identifies the
permitted maximum sulfur, benzene, olefin and aromatic hydrocarbon
contents of the oxygenate, the oxygenate blender must add an oxygenate
that does not exceed the maximum permitted levels.
(3) Additional requirements for terminal blending. Any oxygenate
blender who makes a final blend of California reformulated gasoline by
blending any oxygenate with any CARBOB in any gasoline storage tank,
other than a truck used for delivering gasoline to retail outlets or bulk pur-
chaser-consumer facilities, shall, for each such final blend, determine
the oxygen content and volume of the final blend prior to its leaving the
oxygen blending facility, by collecting and analyzing a representative
sample of gasoline taken from the final blend, using methodology set
forth in section 2263.
(h) Downstream blending of California gasoline with nonoxygenate
blendstocks.
(1) Basic prohibition. No person may combine California gasoline
which has been supplied from a production or import facility with any
nonoxygenate blendstock, other than vapor recovery condensate, unless
the person can affirmatively demonstrate that (1) the blendstock that is
added to the California gasoline meets all of the California gasoline stan-
dards without regard to the properties of the gasoline to which the blend-
stock is added, and (2) the person meets with regard to the blendstock all
requirements in this subarticle applicable to producers of California gas-
oline.
(2) Exceptions.
(A) Protocols. Notwithstanding section (h)(1), the executive officer
may enter into a written protocol with any person to identify conditions
under which the person may lawfully blend transmix into California gas-
oline which has been supplied from its production or import facility. The
executive officer may only enter into such a protocol if he or she reason-
ably determines that alternatives to the blending are not practical and the
blending will not significantly affect the properties of the California gas-
oline into which the transmix is added. Any such protocol shall include
the person's agreement to be bound by the terms of the protocol.
(B) Blending to meet a cap limit. Notwithstanding, section (h)(1) or
2262.5(d), a person may add nonoxygenate or oxygenated blendstock to
California gasoline that does not comply with one or more of the applica-
ble cap limits contained in section 2262, where the person obtains the
prior approval of the executive officer based on a demonstration that add-
ing the blendstock is a reasonable means of bringing the gasoline into
compliance with the cap limits.
(i) Restrictions during the RVP season on blending gasoline contain-
ing ethanol with California gasoline not containing ethanol.
(1) Basic prohibition. Within each air basin during the Reid vapor
pressure cap limit periods specified in section 2262.4(a)(2), no person
may combine California gasoline produced using ethanol with California
gasoline produced without using ethanol, unless the person can affirma-
tively demonstrate that: (A) the resulting blend complies with the cap
limit for Reid vapor pressure set forth in section 2262, or (B) the person
has taken reasonably prudent precautions to assure that the gasoline is not
subject to the Reid vapor pressure cap limit either because of sections
2261(d) or (f) or 2262.4(c)(1) or (c)(3), or because the gasoline is no
longer California gasoline.
(2) Exception. Section 2266.5(i)(l) does not apply to combining
California gasolines that are in a motor vehicle's fuel tank.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43013.1, 43018 and
43 1 01 , Health and Safety Code; and Western Oiland Gas Ass 'n. v. Orange County
Air Pollution Control District. 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). Refer-
ence: Sections 39000, 39001, 39002, 39003, 39010, 39500, 39515, 39516, 415 1 1,
43000, 43013, 43013. 1,43016, 43018, 43021 and 43101, Health and Safety Code;
and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District,
14 Cal.3d 41 1, 121 Cal. Rptr. 249 (1975).
History
1. New section filed 2-28-96; operative 2-28-96 pursuant to Government Code
section 1 1343.4(d) (Register 96, No. 9).
2. Editorial correction of subsection (a)(1) (Register 2000, No. 31).
3. Atnendment of section and Note filed 8-3-2000; operative 9-2-2000 (Register
2000, No. 31).
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4. Amendment filed 8-20-2001; operative 8-20-2001 pursuant to Government
Code section 1 1343.4 (Register 2001, No. 34).
5. Amendment filed 12-24-2002; operative 12-24-2002 pursuant to Goverment
Code section 1 1 343.4 (Register 2002, No. 52).
6. Amendment of subsection (h)(2) and redesignation and amendment of former
subsections (h)(2)-(3) to subsections (h)(2)(A)-(B) filed 5-1-2003; operative
5-1-2003 pursuant to Government Code section 1 1343.4 (Register 2003, No.
18).
7. Amendment filed 3-10-2005; operative 4-9-2005 (Register 2005, No. 1.0).
8. Amendment of table footnotes 1 and 3 filed 9-9-2005 as an emergency; opera-
tive 9-9-2005 (Register 2005, No. 37). A Certificate of Compliance must be
transmitted to OAL by 1-10-2006 or emergency language will be repealed by
operation of law on the following day.
9. Reinstatement of section as it existed prior to 9-9-2005 emergency amendment
pursuant to Government Code section 1 1 346. 1 (f) (Register 2006, No. 35). The
repealed emergency language affecting footnotes 1 and 3 of the subsection
(a)(6)(A) table identified less stringent limits for RVP during the 2005 Hurri-
cane Katrina RVP relaxation period identified in section 2262.4.
10. Editorial amendment of HISTORY 9 (Register 2006, No. 42).
§ 2267. Exemptions for Gasoline Used in Test Programs.
The executive officer shall consider and grant test program exemp-
tions from the requirements of this subarticle in accordance with section
2259.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43013.1, 43018, 43101
and 43831, Health and Safety Code; and Western Oil and Gas Ass'n, v. Orange
Count)' Air Pollution Control District, 14 Cal.3d 41 1, 121 Cal. Rptr. 249 (1975).
Reference: Sections 39000, 39001, 39002, 39003, 39010. 39500, 39515, 39516,
4151 1,43000, 43013, 43013. 1,43016, 4301 8 and 43101, Health and Safety Code;
and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District,
14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975).
History
1. New section filed 1 1-16-92; operative 12-16-92 (Register 92, No. 47).
2. Amendment of section heading, section and NOTE filed 2-15-95; operative
2-15-95 pursuant to Government Code section 1 1343.4(d) (Register95, No. 7).
3. Amendment of Note filed 8-3-2000; operative 9-2-2000 (Register 2000, No.
31).
§ 2268. Liability of Persons Who Commit Violations
Involving Gasoline That Has Not Yet Been Sold
or Supplied to a Motor Vehicle.
(a) For the purposes of this subarticle, each sale of California gasoline
at retail, and each dispensing of California gasoline into a motor vehicle
fuel tank, shall also be deemed a sale or supply by any person who pre-
viously sold or supplied such gasoline in violation of any applicable sec-
tion of this subarticle.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43013.1, 43018 and
43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County
Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). Refer-
ence: Sections 39000, 39001, 39002, 39003, 39500, 39515, 39516, 4151 1, 43000,
43013.1, 43016, 43018 and 43101, Health and Safety Code; and Western Oil and
Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal. 3d 411, 121
Cal. Rptr. 249 (1975).
History
1. New section filed 11-16-92; operative 12-16-92 (Register 92, No. 47).
2. Amendment of Note filed 8-3-2000; operative 9-2-2000 (Register 2000, No.
31).
§ 2269. Submittal of Compliance Plans.
(a) Each producer shall, by September 1, 2000, submit to the executive
officer a plan showing the producer's schedule for achieving compliance
with the CaRFG Phase 3 standards set forth in this subarticle. Each pro-
ducer shall, by September 1, 2001, September 1, 2002, and September
1, 2003 submit an update of the plan. Each compliance plan and update
shall include the projected sequence and dates of all key events pertain-
ing to planning, financing, and construction of necessary refinery modifi-
cations.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43013.1, 43018 and
43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County
Air Pollution Control District, 14 Cal.3d 41 1, 121 Cal. Rptr. 249 (1975). Refer-
ence: Sections 39000, 39001, 39002, 39003, 39010, 39500, 39515, 39516, 4151 1,
43000, 43013.1, 43016, 43018 and 43101, Health and Safety Code; and Western
Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal. 3d
411, 121 Cal. Rptr. 249 (1975).
History
1. New section filed 11-16-92; operative 12-16-92 (Register 92, No. 47).
2. Amendment of section and Note filed 8-3-2000; operative 9-2-2000 (Register
2000, No. 31).
3. Amendment filed 12-24-2002: operative 12-24-2002 pursuant to Goverment
Code section 1 1 343.4 (Register 2002, No. 52).
§ 2270. Testing and Recordkeeping.
(a)(1) The requirements of this section (a) shall apply to each producer
and importer that has elected to be subject to an averaging limit in section
2262, or to a PM averaging limit. The references to sulfur content shall
apply to each producer or importer that has elected to be subject to the
section 2262 averaging limit for sulfur, or to a PM averaging limit for sul-
fur. The references to benzene content shall apply to each producer or im-
porter that has elected to be subject to the section 2262 averaging limit
for benzene, or to a PM averaging limit for benzene. The references to
olefin content shall apply to each producer or importer that has elected
to be subject to the section 2262 averaging limit for olefin content, or to
a PM averaging limit for olefin content. The reference to T90 shall apply
to each producer or importer that has elected to be subject to the section
2262 averaging limit for T90, or to a PM averaging limit for T90. The ref-
erences to T50 shall apply to each producer or importer that has elected
to be subject to the section 2262 averaging limit forT50, or to a PM aver-
aging limit for T50. The references to aromatic hydrocarbon content shall
apply to each producer or importer that has elected to be subject to the
section 2262 averaging limit for aromatic hydrocarbon content, or to a
PM averaging limit for aromatic hydrocarbon content.
(2) Each producer shall sample and test for the sulfur, aromatic hydro-
carbon, olefin and benzene content, T50 and T90 in each final blend of
California gasoline which the producer has produced, by collecting and
analyzing a representative sample of gasoline taken from the final blend,
using the methodologies specified in section 2263. If a producer blends
gasoline components directly to pipelines, tankships, railway tankcars or
trucks and trailers, the loading(s) shall be sampled and tested for the sul-
fur, aromatic hydrocarbon, olefin and benzene content, T50 and T90 by
the producer or authorized contractor. The producer shall maintain, for
two years from the date of each sampling, records showing the sample
date, identity of blend sampled, container or other vessel sampled, final
blend volume, sulfur, aromatic hydrocarbon olefin and benzene content,
T50 and T90. All gasoline produced by the producer and not tested as
California gasoline by the producer as required by this section shall be
deemed to have a sulfur, aromatic hydrocarbon, olefin and benzene con-
tent, T50 and T90 exceeding the applicable averaging limit standards
specified in section 2262, or exceeding the comparable PM averaging
limits if applicable, unless the importer demonstrates that the gasoline
meets those standards and limits.
(3) Each importer shall sample and test for the sulfur, aromatic hydro-
carbon, olefin and benzene content, T50 and T90 in each final blend of
California gasoline which the importer has imported by tankship, pipe-
line, railway tankcars, trucks and trailers, or other means, by collecting
and analyzing a representative sample of the gasoline, using the method-
ologies specified in section 2263. The importer shall maintain, for two
years from the date of each sampling, records showing the sample date,
product sampled, container or other vessel sampled, the volume of the fi-
nal blend, sulfur content, aromatic hydrocarbon, olefin and benzene con-
tent, T50 and T90. All gasoline imported by the importer and not tested
as California gasoline by the importer as required by this section shall be
deemed to have a sulfur, aromatic hydrocarbon, olefin and benzene con-
tent, T50 and T90 exceeding the applicable averaging limits standards
specified in section 2262, or exceeding the comparable PM averaging
limit(s) if applicable, unless the importer demonstrates that the gasoline
meets those standards and limit(s).
(4) A producer or importer shall provide to the executive officer any
records required to be maintained by the producer or importer pursuant
to this section within 20 days of a written request from the executive offi-
cer if the request is received before expiration of the period during which
the records are required to be maintained. Whenever a producer or im-
porter fails to provide records regarding a final blend of California gaso-
Page 270
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Title 13
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§ 2271
line in accordance with the requirements of this section, the final blend
of gasoline shall be presumed to have been sold by the producer or im-
porter in violation of the applicable averaging limit standards in section
2262, or the PM averaging limit(s), to which the producer or importer has
elected to be subject.
(5) The executive officer may enter into a protocol with any producer
or importer for the purpose of specifying alternative sampling, testing,
recordkeeping, or reporting requirements which shall satisfy the provi-
sions of sections (a)(2) or (a)(3). The executive officer may only enter
into such a protocol if s/he reasonably determines that application of the
regulatory requirements under the protocol will be consistent with the
state board's ability effectively to enforce the averaging limit standards
in section 2262, the averaging limit compliance requirements in section
2262.3(c), and the PM averaging limit(s). Any such protocol shall in-
clude the producer's or importer's agreement to be bound by the terms
of the protocol.
(b)(1) For each final blend which is sold or supplied by a producer or
importer from the party's production facility or import facility, and
which contains volumes of gasoline that party has produced and im-
ported and volumes that the party neither produced nor imported, the pro-
ducer or importer shall establish, maintain and retain adequately orga-
nized records containing the following information:
(A) The volume of gasoline in the final blend that was not produced
or imported by the producer or importer, the identity of the person(s)
from whom such gasoline was acquired, the date(s) on which it was ac-
quired, and the invoice representing the acquisition(s).
(B) The sulfur, benzene, aromatic hydrocarbon, olefin and benzene
content, T50 and T90 of the volume of gasoline in the final blend that was
not produced or imported by the producer or importer, determined either
by (A) sampling and testing, by the producer or importer, of the acquired
gasoline represented in the final blend, or (B) written results of sampling
and test of the gasoline supplied by the person(s) from whom the gasoline
was acquired.
(2) A producer or importer subject to this section (b) shall establish
such records by the time the final blend triggering the requirements is
sold or supplied from the production or import facility, and shall retain
such records for two years from such date. During the period of required
retention, the producer or importer shall make any of the records avail-
able to the executive officer upon request.
(c) In the event a producer or importer sells, offers for sale, or supplies,
in California, gasoline which the producer claims is not California gaso-
line, such gasoline shall be presumed to exceed the standards that would
be applicable pursuant to this subarticle if it was California gasoline. The
producer or importer shall maintain, for two years from the date of any
sale or supply of such gasoline, records demonstrating that the gasoline
was not California gasoline, or that it complied with all of the standards
of this subarticle 2, when it was sold or supplied by the producer.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43013.1, 43018 and
431 01 . Health and Safety Code' and Western Oil and Gas Ass 'n. v. Orange County'
Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). Refer-
ence: Sections 39000, 39001, 39002, 39003, 39010, 39500, 39515, 39516,4151 1,
43000. 43013, 43013.1, 43016, 43018 and 43101, Health and Safety Code; and
Western Oil and Gas Ass'n. v. Orange Count)' Air Pollution Control District, 14
Cal. 3d 411, 121 Cal. Rptr. 249 (1975).
History
1. New section filed 11-16-92; operative 12-16-92 (Register 92, No. 47).
2. Amendment of subsections (a)(l)-(5) and new subsection (c) filed 6-2-95; op-
erative 7-3-95 (Register 95, No. 22).
3. Amendment of section and Note filed 8-3-2000; operative 9-2-2000 (Register
2000, No. 31).
4. Amendment of subsection (a)(3) filed 8-20-2001; operative 8-20-2001 pur-
suant to Government Code section 1 1 343.4 (Register 2001 , No. 34).
5. Amendment of subsection (a)(1) filed 12-24-2002; operative 12-24-2002 pur-
suant to Government Code section 1 1343.4 (Register 2002, No. 52).
§2271. Variances.
(a) Applications for variances. Any person who cannot comply with
the standards or compliance requirements set forth in sections 2262,
2262.3, 2262.4, 2262.5 or 2262.6 because of reasons beyond the person's
reasonable control may apply to the executive officer for a variance. Ex-
cept for emergency variances as provided in section (h), the application
shall be accompanied by a fee of $6700.00 to cover the costs of process-
ing the variance. If the applicant withdraws the application before the
variance hearing is held, $4100.00 of the fee shall be refunded. The appli-
cation shall set forth:
(1) The applicable section(s) from which the variance is sought;
(2) The specific grounds upon which the variance is sought;
[The next page is 271.]
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§2271
(3) The proposed date(s) by which compliance with the provisions of
the applicable section(s) will be achieved; and
(4) A compliance plan reasonably detailing the method by which com-
pliance will be achieved. That proposed compliance plan shall include
increments of progress (i.e., specific events and dates) that describe peri-
odic, measurable steps toward compliance during the proposed term of
the variance.
(b)(1) Nolices and public hearings for variances. Upon receipt of an
application for a variance containing the information required in section
(a), the executive officer shall hold a hearing to determine whether, or un-
der what conditions and to what extent, a variance from the requirements
of the applicable section(s) is necessary and will be permitted. Notice of
the time and place of the hearing shall be sent to the applicant by certified
mail not less than 20 days prior to the hearing. Notice of the hearing shall
also be submitted for publication in the California Regulatory Notice
Register and sent to every person who requests such notice, not less than
20 days prior to the hearing.
(2) Treatment of confidential information. Information submitted to
the executive officer by a variance applicant may be claimed as confiden-
tial. Information claimed as confidential shall be handled in accordance
with the procedures specified in Title 17, California Code of Regulations
(CCR), sections 91000 to 91022 except that: (A) at the time the informa-
tion is submitted, the submitter must provide accompanying documenta-
tion in support of the claim of confidentiality, including the documenta-
tion identified in section 9 1022(c), and (B) for the purposes of this section
2271, the time period specified in section 91022(e)(2) is 10 days instead
of 21 days. The executive officer may consider such confidential infor-
mation in reaching a decision to grant or deny a variance.
(c) Public participation in the variance process. At least 20 days prior
to the hearing, the application for the variance shall be made available to
the public for inspection. Interested members of the public shall be al-
lowed a reasonable opportunity to submit written and oral testimony at
the hearing and their testimony shall be considered.
(d) Necessary findings for granting variances. The decision to grant
or deny a variance shall be based solely upon substantial evidence in the
record of the variance proceeding. No variance shall be granted unless
the executive officer makes all of the following findings:
(1) That, because of reasons beyond the reasonable control of the
applicant, requiring compliance with the applicable section(s) would re-
sult in an extraordinary economic hardship;
(2) That the public interest in mitigating the extraordinary hardship by
issuing the variance outweighs the public interest in avoiding any in-
creased emissions of air contaminants which would result from issuing
the variance; and
(3) That the compliance plan proposed by the applicant can reasonably
be implemented and will achieve compliance as expeditiously as possi-
ble.
(e) Factors to be considered in making the necessary findings for
granting variances.
In making the findings specified in section (d), the factors set forth be-
low shall be considered. It is the responsibility of the applicant to provide
the information necessary to adequately evaluate these factors.
(1) Regarding the finding specified in section (d)(1):
(A) To demonstrate that noncompliance is "beyond the reasonable
control of the applicant," the applicant must demonstrate that reasonably
diligent and timely efforts to achieve compliance have been made. Where
a variance is sought from initial compliance with the CaRFG Phase 3 re-
quirements, the applicant shall show that timely capital expenditures and
efforts to obtain the permits for necessary refinery modifications have
been made, and that the applicant has been reasonably diligent in at-
tempting to follow the periodic compliance plans required by section
2269, "Submittal of Compliance Plans." Where a variance is sought due
to a breakdown, the applicant shall demonstrate that the breakdown could
not have been prevented or mitigated by the application of standard in-
dustrial practices. "Standard industrial practices" means elements of de-
sign, methods of operation, and levels of oversight and maintenance that
are regarded as generally accepted practice in the applicant's type of
business.
(B) To demonstrate that requiring compliance would result in an "ex-
traordinary economic hardship," the applicant must make a substantial
showing that no alternative to a variance would eliminate or mitigate the
need for a variance. Potential alternatives that the applicant shall address
include the following: I. obtaining complying gasoline from outside
sources, or obtaining blending materials that would allow production of
complying gasoline, and 2. using the applicable California Predictive
Model (as specified in Title 13, CCR, section 2265) to maximize the pro-
duction of complying gasoline, or to minimize the degree of noncom-
pliance, through the use of a PM alternative gasoline formulation. The
applicant shall compare the economics of operations without a variance,
for the period over which the variance is proposed, with the economics
of operations after the variance compliance plan has been implemented
(e.g., the economic hardship during the term of the variance shall be mea-
sured against the eventual cost of long-term compliance.) The operations
may include facets of the applicant's business other than gasoline opera-
tions, if those facets are directly affected by the ability to conduct the gas-
oline business. An applicant may also address any supply shortages that
could result from the failure to grant a variance and the economic affects
of such shortages on the persons who do, or could, receive gasoline from
the applicant.
(2) Regarding the finding specified in section (d)(2):
(A) The executive officer shall consider the potential effects of issuing
or denying the variance on the applicant's customers, the producers of
complying fuel, the general public, and upon air quality. The executive
officer shall also consider whether granting the variance will place the
applicant at a cost advantage over other persons, including those persons
who produce complying gasoline.
(B) To evaluate the potential effect upon air quality, the excess emis-
sions from granting the variance shall be estimated as follows:
1. Exhaust emissions: The fractional change in emissions from using
the variance gasoline shall be estimated with the California Predictive
Model (model). Inputs to the model shall be the limits to be placed on the
regulated properties of the variance gasoline by the variance conditions
and the limits set forth in section 2262 that correspond in form (flat or av-
eraging) to the variance limits. For each air basin in which the variance
gasoline will be sold, the estimate of excess exhaust emissions shall be
the fractional change in emissions (output by the model), times the esti-
mated fraction of gasoline use in the air basin represented by the variance
gasoline, times the inventory of exhaust emissions from gasoline-pow-
ered vehicles in the air basin.
2. Evaporative hydrocarbon emissions: Excess evaporative emissions
shall be estimated for a limit greater than 7.0 pounds per square inch (psi)
on the Reid vapor pressure (RVP) of variance gasoline. This estimate
shall apply only for the period when RVP is limited to 7.0 psi. The true
vapor pressure corresponding to the RVP limit for variance gasoline shall
be divided by the true vapor pressure corresponding to RVP at 7.0 pounds
per square inch. For each air basin in which the variance gasoline will be
sold, the estimate of excess evaporative emissions shall be that ratio, mi-
nus 1.0, times the estimated fraction of gasoline use in the air basin repre-
sented by the variance gasoline, times the inventory of emissions due to
the evaporation of gasoline from all sources in the air basin.
(3) Regarding the finding specified in section (d)(3):
The applicant shall demonstrate why the proposed compliance plan is
the most expeditious way to achieve compliance, and the applicant shall
demonstrate sufficient control over the implementation of the plan to
make the plan practical. In the case of a proposed variance that would be-
gin on December 31, 2003, the compliance plan shall identify and pro-
vide a date for each key step that remains to be accomplished for attaining
compliance. As applicable, these steps shall include financing, engineer-
ing plans, ordering and contracts, receipt of major equipment, com-
mencement and completion of construction, and testing.
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§2272
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(f) Conditions and fees in variance orders. In imposing fees and condi-
tions in variance orders, the executive officer shall take into account the
potential for such fees and conditions to place the applicant at a cost ad-
vantage over other persons, including those persons who produce com-
plying gasoline.
(1) Conditions.
(A) Any variance order shall specify a final compliance date by which
the requirements of the applicable section(s) will be achieved. Any vari-
ance order shall also contain a condition that specified increments of
progress necessary to assure timely compliance be achieved, and such
other conditions that the executive officer, as a result of the testimony re-
ceived at the hearing, finds necessary to carry out the purposes of Divi-
sion 26 of the Health and Safety Code. Such conditions may include, but
are not limited to, reporting requirements, limitations on the gasoline
specifications, and the elements of the variance compliance plan as pro-
posed by the applicant, with any modifications made by the executive of-
ficer.
(B) Any variance order granting a variance from 2262.4 shall impose
a substitute gasoline Reid vapor pressure limit as stringent as feasible un-
der the circumstances, in no case to exceed 9.0 pounds per square inch.
For areas where, and in seasons when, federal regulations require a lesser
maximum Reid vapor pressure limit, a variance order shall not impose
a Reid vapor pressure limit that is less stringent than the federal limit.
(C) The executive officer may require, as a condition of granting a
variance, that a cash bond, or a bond executed by two or more good and
sufficient sureties or by a corporate surety, be posted by the party to
whom the variance was granted to assure performance of any construc-
tion, alteration, repair, or other work required by the terms and conditions
of the variance. Such bond may provide that, if the party granted the vari-
ance fails to perform such work by the agreed date, the cash bond shall
be forfeited to the state board, or the corporate surety or sureties shall
have the option of promptly remedying the variance default or paying to
the state board an amount, up to the amount specified in the bond, that
is necessary to accomplish the work specified as a condition of the vari-
ance.
(D) The variance order shall limit the amount of variance gasoline sold
or supplied from the applicant' s production or import facility during each
30-day period of the variance, or during such other ti me period as the ex-
ecutive officer may specify. In determining the limit on the amount of
variance gasoline, the Executive Officer shall consider available data on
the applicant's production of complying gasoline. The limit shall not ex-
ceed the applicant's capacity to produce complying gasoline.
(E) The variance order shall specify that once a quantity of variance
gasoline has been sold or supplied by the applicant in accordance with
the variance, subsequent transactions involving that variance gasoline by
another producer, distributor, retailer, end user, or other person shall also
be exempt from the applicable requirements.
(2) Fees. A fee of $0. 1 5 shall be levied on the applicant for each gallon
of gasoline sold or released for sale under variance during the term of the
variance. The fee shall be paid by the applicant periodically, in advance
of the sale or release of variance gasoline in each period. The executive
director shall specify the payment schedule in the variance order.
(g) Duration of variances.
(1 ) A variance shall be granted only for the minimum period necessary
for the applicant to attain compliance with the applicable regulations. Ex-
cept for a variance related to a physical catastrophe, no variance shall
have a duration of more than 120 days; however, a variance may be ex-
tended for up to 90 additional days if the applicant demonstrates that the
requirements of sections (d) and (e) are met. In order to receive an exten-
sion of a variance, the applicant must submit an application as specified
in section (a), and a hearing must be held as specified in sections (b) and
(c).
(2) Variances related to a physical catastrophe. Notwithstanding the
provisions of section (g)(1), a refiner may be granted a variance with a
duration of more than 120 days, or a variance extension of more than 90
days, if the applicant demonstrates that the additional time is necessary
due to a physical catastrophe, and the requirements of sections (d) and (e)
are met. In order to receive a variance or variance extension, the applicant
must submit an application as specified in section (a) and a hearing must
be held as specified in sections (b) and (c). As used in this section, "physi-
cal catastrophe" means a sudden unforseen emergency beyond the rea-
sonable control of the refiner, causing the severe reduction or total loss
of one or more critical refinery units that materially impact the refiner's
ability to produce complying gasoline. "Physical catastrophe"' does not
include events which are not physical in nature such as design errors or
omissions, financial or economic burdens, or any reduction in production
that is not the direct result of qualifying physical damage,
(h) Emergency variances.
(1 ) The executive officer may, after holding a hearing without comply-
ing with the provisions of sections (b) and (c), issue an emergency vari-
ance to a person from the requirements of the applicable section(s) upon
a showing of reasonably unforeseeable extraordinary hardship and good
cause that a variance is necessary. The applicant for an emergency vari-
ance shall pay a fee of $2500.00. Section (f) shall apply to emergency
variances, except that a variance order is not required to specify a final
compliance date by which the requirements of the applicable sections(s)
will be achieved.
(2) No emergency variance may have a duration of more than 45 days.
If the applicant for an emergency variance does not demonstrate that he
or she can comply with the provisions of the applicable section(s) within
such 45-day period, an emergency variance shall not be granted unless
the applicant makes a prima facie demonstration that the findings set
forth in section (d) should be made. The executive officer shall maintain
a list of persons who have informed the executive officer in writing of
their desire to be notified by telephone in advance of any hearing held
pursuant to section (h), and shall provide advance telephone notice to any
such person as soon as practicable, considering the nature of the emer-
gency.
(i) Situations in which variances shall cease to be effective. A variance
shall cease to be effective upon failure of the party to whom the variance
was granted substantially to comply with any condition of the variance.
(j) Modification and revocation of variances. Upon the application of
any person, the executive officer may review and for good cause modify
or revoke a variance from the requirements the applicable section(s) after
holding a hearing in accordance with the provisions of sections (b) and
(c).
NOTE: Authority cited: Sections 39600, 39601, 43013, 43013.1, 43013.2, 43018
and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange
County Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975).
Reference: Sections 39000, 39001, 39002, 39003, 39010, 39500, 39515, 39516,
40000, 4151 1,43000, 43013, 43013. 1,43013.2, 43016, 43018 and 43101, Health
and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution
Control District, 14 Cal.3d 41 1, 121 Cal. Rptr. 249 (1975).
History
1. New section filed 1 1-16-92; operative 12-16-92 (Register 92, No. 47).
2. Change without regulatory effect amending subsections (a), (a)(3)-(a)(4) and
(d)(l)-(d)(3) filed 8-5-93 pursuant to section 100, title 1, California Code of
Regulations (Register 93, No. 32).
3. Amendment of section and Note filed 2-15-96 as an emergency; operative
2-15-96 (Register 96, No. 7). A Certificate of Compliance must be transmitted
to O AL by 6-1 4-96 or emergency language will be repealed by operation of law
on the following day.
4. Certificate of Compliance as to 2-15-96 order transmitted to OAL 4-4-96 and
filed 5-16-96 (Register 96, No. 20).
5. Amendment of section and Note filed 8-3-2000; operative 9-2-2000 (Register
2000, No. 31).
6. Amendment of subsection (e)(3) filed 12-24-2002; operative 12-24-2002 pur-
suant to Government Code section 1 1343.4 (Register 2002, No. 52).
§ 2272. CaRFG Phase 3 Standards for Qualifying Small
Refiners.
(a) CaRFG Phase 3 standards for qualifying small refiners. In place
of the CaRFG Phase 3 standards set forth in section 2262, a qualifying
small refiner may elect to have a final blend of California gasoline sup-
plied from the small refiner's refinery subject to the "small refiner
CaRFG Phase 3 standards," which are identical to the CaRFG Phase 3
standards in section 2262 except that: (i) the flat limit for benzene content
is 1 .00 percent by volume (vol.%) instead of 0.80 vol.%, (ii) the flat limit
Page 272
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Air Resources Board
§2273
for .aromatics content is 35.0 vol.% instead of 25.0 vol.%, (iii) the flat
limit for T50 is 220° F. instead of 213° F, and (iv) the flat limit for T90
is 312° F. instead of 305° F. This election may only be made if the small
refiner has been issued a currently effective certification pursuant to sec-
tion (b) and the gasoline qualifies for treatment under section (c).
(b) Certification of small refiners.
( 1 ) A small refiner wishing to produce gasoline subject to this section
shall submit to the executive officer an application for certification on the
Air Resources Board's ARB/SSD/CPB Form 00-3-1, for each of the
small refiner's California refineries. The application shall be executed by
a responsible corporate officer under penalty of perjury.
(2) The small refiner's application shall set forth: [A] the crude oil ca-
pacity of the refinery since January 1 , 1978; [B] the crude oil capacities
of all the refineries in California and the United States which are owned
or controlled by, or under common ownership or control with, the small
refiner since September 1 , 1988; [C] data demonstrating that the refinery
has the capacity to produce liquid fuels by distilling petroleum; and [D]
a demonstration that the small refiner's California refinery was used in
1998 and 1999 to produce and supply California gasoline meeting the
CaRFG Phase 2 standards.
(3) Within 30 days of receipt of the application, the executive officer
shall grant or deny it in writing. The executive officer shall grant the
application if he or she determines that: [A] the application contains all
of the information identified in sections (b)(1) and (2) above, and [B] the
applicant meets the definition of small refiner. Any denial of an applica-
tion shall include a statement of the reasons for denial.
(c) Criteria for qualifying gasoline. Gasoline shall only be subject to
treatment under this section if the small refiner demonstrates all of the
following:
(1) The gasoline was produced by the small refiner at the small refin-
er's California refinery.
(2) The gasoline was supplied from the small refiner's California re-
finery in a calendar quarter in which 25 percent or more of the gasoline
that was produced by the small refiner and that was supplied from the re-
finery in the calendar quarter was refined at the small refinery from crude
oil. The volume of oxygenates in the gasoline shall not be counted in
making this calculation. The period from December 31, 2003 through
March 31, 2004 shall be treated as a calendar quarter under this section
(c)(2).
(3) For the period December 31, 2003, through December 31, 2004,
and for each subsequent calendar year, the gasoline was supplied from
the small refiner's California refinery before the full qualifying volume
of gasoline produced by the small refiner had been supplied from the re-
finery during that period or year. In calculating the volume of gasoline
supplied from the refinery, the volume of oxygenates in the gasoline shall
not be counted. Gasoline that is designated by the small refiner as subject
to all of the CaRFG Phase 3 standards in section 2262, and is reported to
the executive officer pursuant to a protocol entered into by the small re-
finer and the executive officer, shall not be counted against the qualifying
volume.
(4) At the time the gasoline was supplied from the small refiner's refin-
ery, the small refiner met the definition of a small refiner.
(5) The excess emissions of hydrocarbons, oxides of nitrogen, and po-
tency-weighted toxics are offset pursuant to section 2282, title 13,
California Code of Regulations. The excess emissions from gasoline
subject to the small refiner CaRFG Phase 3 standards are: 0.0206 pounds
of exhaust hydrocarbons per barrel, 0.0322 pounds of oxides of nitrogen
per barrel, and the potency-weighted toxic emissions equivalent of
0.0105 pounds of benzene per barrel.
(d) Compliance with applicable federal RFG requirements. Any small
refiner subject to this section shall comply with all applicable require-
ments of the federal reformulated gasoline regulations in 40 CFR Part 80
Subpart D, commencing with § 80.40.
(e) Additional reporting requirements for small refiners.
(1) In addition to the requirements of section 2270, each small refiner
who qualifies for treatment under this section shall submit to the execu-
tive officer reports containing the information set forth below for each of
the small refiner's California refineries, starting on the date on which a
qualifying small refiner supplies from its refinery gasoline subject to the
small refiner CaRFG Phase 3 standards. The reports shall be executed in
California under penalty of perjury, and must be received within the time
indicated below. December 31, 2003 through January 31, 2004 shall be
treated as a month.
(A) The quantity of all gasoline, produced by the small refiner, that is
supplied from the small refinery in each month, within 15 days after the
end of the month, the quantity of all such gasoline that is California gaso-
line subject to the small refiner CaRFG3 standards, and the quantity of
all such gasoline that is California gasoline not subject to the small refiner
CaRFG3 standards;
(B) The identity and volume of each oxygenate contained in the gaso-
line described in section (e)(1)(A) above, within 15 days after the end of
the month;
(C) For each calendar quarter, a statement whether 25 percent or more
of the gasoline that was produced by the small refinery and that was sup-
plied from the refinery in the calendar quarter was refined at the small re-
finery from crude oil, within 15 days after the close of such quarter;
(D) The date, if any, on which the small refiner completes transfer
from its small refinery in the period December 3 1 , 2003 through Decem-
ber 31, 2004. and in each subsequent calendar year, of the small refiner's
qualifying volume of gasoline produced by the small refiner, calculated
as described in section (c)(3), within 5 days after such date;
(E) Within 10 days after project completion, any refinery addition or
modification which would affect the qualification of the refiner as a small
refiner pursuant to the definition in section 2260(a)(22); and
(F) Any change of ownership of the small refiner or the small refiner's
refinery, within 10 days after such change of ownership.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101, Health
and Safety Code; and Western Oil and Gas Ass' n. v. Orange County Air Pollution
Control District, 14Cal.3d411, 121 Cal. Rptr. 249 (1975). Reference: Sections
39000, 39001, 39002, 39003,39010, 39500, 39515, 39516,40000,4151 1,43016,
43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v.
Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249
(1975).
History
1. New section filed 1 1-16-92; operative 12-16-92 (Register 92, No. 47).
2. Amendment of subsections (c)(2)-(3) filed 2-28-96; operative 2-28-96 pur-
suant to Government Code section 1 1343.4(d) (Register 96, No. 9).
3. Amendment of section heading, section and Note filed 8-3-2000; operative
9-2-2000 (Register 2000, No. 31).
4. Amendment of subsection (c)(5) filed 8-20-2001; operative 8-20-2001 pur-
suant to Government Code section 11343.4 (Register 2001, No. 34).
5. Amendment filed 12-24-2002; operative 12-24-2002 pursuant to Goverment
Code section 1 1343.4 (Register 2002, No. 52).
6. Amendment of subsection (e)(1)(B) filed 5-1-2003; operative 5-1-2003 pur-
suant to Government Code section 1 1343.4 (Register 2003, No. 18).
§ 2273. Labeling of Equipment Dispensing Gasoline
Containing MTBE.
(a) MTBE labeling requirement. All devices dispensing gasoline con-
taining methyl tertiary butyl ether (MTBE) at filling stations, garages or
other outlets where petroleum products are sold or offered for retail shall
be marked with a conspicuous label at all times the product is offered for
retail sale.
(1) The label shall state that the gasoline being dispensed "Contains
MTBE. The State of California has determined that the use of this chemi-
cal presents a significant risk to the environment."
(2) The label shall be contrasting in color to the gasoline dispensing
equipment and have capitalized lettering using not less than one-eighth
inch high letters, except that "MTBE" shall have lettering using not less
than five-eighth inch high letters with a stroke of not less than one-eighth
in width and "Contains" shall have lettering using not less than one-quar-
ter inch high letters.
(3) The label shall be placed on the gasoline dispensing equipment's
vertical surface, on each side with gallonage and price meters.
(4) The label shall be conspicuous and legible to a customer when
viewed from the driver's position inside the car.
Page 273
Register 2003, No. 18; 5-2-2003
§ 2273.5
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(5) The label shall be capable of withstanding extremes of weather
conditions for at least one year and shall be resistant to gasoline, oil,
grease, solvents, detergents, and water. Damaged labels that are not leg-
ible shall be replaced.
(b) Residual levels of MTBE.
(1 ) The labeling requirements in section 2273(a) do not apply to equip-
ment dispensing gasoline from a storage tank containing gasoline having
an MTBE content of less than 0.6 percent by volume, as determined by
American Society of Testing and Materials (ASTM) Test Method D
4815-99, which is incorporated herein by reference, or any other test
method determined by the executive officer to give equivalent results.
(2) The labeling requirements in section 2273(a) do not apply where
the equipment is dispensing gasoline from a storage tank containing gas-
oline having an MTBE content of less than 3.0 percent by volume, as de-
termined by a test method identified in section 2273(b)( 1 ), and the opera-
tor of the retail outlet demonstrates that the conditions in either section
2273(b)(2)(A), (B), (C) or (D) have occurred.
(A) The gasoline storage tank has been consecutively drained and re-
filled to at least 95 percent of capacity with gasoline containing less than
0.6 volume percent MTBE as specified in the following table.
The percent of the total
gasoline
The consecutive number of times the
storage tank capacity that
gasoline
storage tank must
is emptied prior to refilling
be drained and refilled
90%
2
80%
3
70%
3
60%
4
50%
6
40%
8
30%
11
20%
19
10%
60
(B) The gasoline storage tank has been consecutively drained and re-
filled to at least 95 percent of capacity with gasoline containing less than
0.6 volume percent MTBE according to the following equation.
N = -(0.222) + log CoVlog (VL/VT)
Where:
N = The number of times the gasoline storage tank must be drained
and refilled. If the resultant number is not an integer, it shall be
rounded up to the nearest integer.
Co = The initial concentration, in volume percent, of MTBE in the
gasoline storage tank.
Vl = The volume of gasoline (in gallons) left in the gasoline storage
tank after each draining.
Vj = 95% of the capacity (in gallons) of the gasoline storage tank.
(C) The following equation has been applied to consecutive drainings
and fillings of the gasoline in the storage tank, and the equation shows
an MTBE content of less than 0.6 percent by volume. The initial MTBE
concentration (Co) of the gasoline in the storage tank when the equation
is first applied shall be deemed to be 1 5 volume percent unless the MTBE
content is determined in accordance with a testing methodology identi-
fied in section 2273(b)(1). For purposes of the equation, [i] the MTBE
concentration of gasoline containing less than 0.6 volume percent MTBE
shall be deemed to be zero, and [ii] the MTBE concentration of gasoline
delivered with an invoice or other documentation stating that the gasoline
contains MTBE shall be deemed to be 15 volume percent or, if the con-
centration of MTBE is stated on the documentation, that stated con-
centration. The executive officer shall make available upon request a
computer program that may be used in applying the equation.
C = C0(VL/(VL+VD)) + CD(VD/(VL+VD))
Where:
C = The final concentration, in volume percent, of MTBE in the
gasoline storage tank after the fuel delivery.
Co = The initial concentration, in volume percent, of MTBE in the
gasoline storage tank before the fuel delivery.
Cd = The concentration, in volume percent, of MTBE in the fuel be-
ing delivered to the gasoline storage tank.
Vl = The volume of gasoline (in gallons) left in the gasoline storage
tank prior to fuel delivery.
Vd = The volume of gasoline (in gallons) delivered to the gasoline
storage tank.
(D) The gasoline has been consecutively drained and refilled in accor-
dance with an alternative protocol which the executive officer has pre-
viously found in writing provides assurances of MTBE removal equiva-
lent to the conditions in section 2273(b)(2)(A), (B), and (C).
(c) Responsibility for compliance. The operator of the retail gasoline
outlet shall be responsible for compliance with the labeling requirements
in section 2273(a).
(d) Deliveries of gasoline to retail outlets.
( J ) Any person delivering gasoline to a retail gasoline outlet from De-
cember 16, 1999 through December 30, 2003 shall provide to the outlet
operator or responsible employee, at the time of delivery of the fuel, an
invoice, bill of lading, shipping paper, or other documentation which
states whether the gasoline does or does not contain 0.6 percent by vol-
ume or more MTBE, and which may identify the volumetric amount of
MTBE in the gasoline. For purposes of determining compliance with this
section 2273(d), the volumetric MTBE content of gasoline shall be deter-
mined by ASTM Test Method D 4815-99, which is incorporated herein
by reference, or any other test method determined by the executive offi-
cer to give equivalent results.
(2) No person shall deliver gasoline containing 0.6 percent by volume
or more MTBE to a storage tank at a retail gasoline outlet unless at the
time of the delivery either:
(A) All pumps dispensing gasoline from the storage tank are labeled
as containing MTBE, or
(B) The party delivering the gasoline, or on whose behalf the delivery
is being made, can demonstrate that it has received and is maintaining a
nonsuperceded written notification from the operator of the retail gaso-
line outlet that all of the outlet's gasoline dispensing equipment, or all of
the outlet's dispensing equipment dispensing gasoline of the grade being
delivered, is labeled as containing MTBE.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101, Health
and Safety Code; and Western Oil and Gas Ass'n v. Orange County Air Pollution
Control District, 14 Cal.3d 41 1, 121 Cal. Rptr. 249 (1975). Reference: Sections
39000, 39001, 39002, 39003, 39010, 39500, 39515, 39516, 41511, 43000, 43016,
43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n v.
Orange County Air Pollution Control District, 14Cal.3d 411, 121 Cal. Rptr. 249
(1975).
History
1. New section filed 11-16-99; operative 12-16-99 (Register 99, No. 47).
2. Amendment of subsections (b)(1) and (d)(1) filed 8-20-2001; operative
8-20-2001 pursuant to Government Code section 1 1 343.4 (Register 2001, No.
34).
3. Amendment of subsections (a)(1) and (d)(1) filed 5-1-2003; operative
5-1-2003 pursuant to Government Code section 11343.4 (Register 2003, No.
18).
§ 2273.5. Documentation Provided with Delivery of
Gasoline to Retail Outlets.
Any person delivering gasoline to a retail gasoline outlet shall provide
to the outlet operator or responsible employee, at the time of delivery of
the fuel, an invoice, bill of lading, shipping paper, or other documenta-
tion which states whether the gasoline does or does not contain ethanol,
and which may identify the volumetric amount of ethanol in the gasoline.
If neither the outlet operator nor a responsible employee is at the outlet
at the time of delivery, the documentation may be left at a reasonably se-
cure location at the outlet.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101, Health
and Safety Code; and Western Oil ami Gas Ass 'n v. Orange County Air Pollution
Control District, 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections
39000,39001,39002,39003,39010,39500,39515,39516,41511,43000,43016,
43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n v.
•
Page 274
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Title 13
Air Resources Board
§2281
•
Orange CountvAir Pollution Control District, 14 Cal. 3d 41 ] , 121 Cal. Rptr. 249
(1975).
History
1. New section filed 5-1-2003; operative 5-1-2003 pursuant to Government
Code section 1 1343.4 (Register 2003, No. 18).
§ 2275. Requirements.
History
1 . Amendment filed 6-6-75 as procedural and organizational; effective upon fil-
ing (Register 75, No. 23).
2. Change without regulatory effect renumbering and relocating chapter heading
and renumbering and amending former section 2275 to section 2230 filed
9-17-91 pursuant to section 100, title 1, California Code of Regulations (Regis-
ter 92, No. 4).
3. Editorial correction deleting chapter heading and amending History 2. (Regis-
ter 92, No. 50).
§ 2276. Other Criteria.
History
1 . Change without regulatory effect renumbering former section 2276 to section
223 1 and adding Note filed 9-1 7-9 1 pursuant to section 100, title 1, California
Code of Regulations (Register 92, No. 4).
Article 2. Standards for Diesel Fuel
§ 2280. Sulfur Content of Motor Vehicle Diesel Fuel Sold
in the South Coast Air Basin or Ventura County
Before October 1, 1993.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101, Health
and Safety Code; and Western Oil and Gas Ass' n. v. Orange County Air Pollution
Control District, 14 Cal. 3d 41 1, 121 Cal. Rptr. 249 (1975). Reference: Sections
39000, 39001, 39002, 39003, 39500, 39515. 39516, 39606, 4151 1, 43000, 43013,
4301 6, 4301 8 and 43 1 01 , Health and Safety Code; and Western Oil and Gas Ass 'n.
v. Orange CountvAir Pollution Control District, 14 Cal. 3d 41 1 , 121 Cal. Rptr. 249
(1975).
History
1 . Change without regulatory effect adding new article heading, and relocating and
amending former subsections of section 2252 to new section 2280 filed
9-17-91 pursuant to section 100, title 1, California Code of Regulations (Regis-
ter 92, No. 4).
2. Change without regulatory effect repealing section filed 3-18-96 pursuant to
section 100, title 1, California Code of Regulations (Register 96, No. 12).
§ 2281 . Sulfur Content of Diesel Fuel.
(a) Regulatory Standard.
(1) 500 parts per million sulfur standard. On or after October 1, 1993,
no person shall sell, offer for sale, or supply any vehicular diesel fuel
which has a sulfur content exceeding 500 parts per million by weight.
Once the 15 parts per million sulfur content standard becomes applicable
to an activity in accordance with the phase-in schedule in subsection
(a)(3), the 500 parts per million sulfur content standard shall no longer
apply to that activity.
(2) 15 parts per million sulfur standard. Starting June 2006 in accor-
dance with the phase-in schedule in subsection (a)(3), no person shall
sell, offer for sale, supply or offer for supply any vehicular diesel fuel
having a sulfur content exceeding 15 parts per million by weight.
(3) 2006 phase-in schedule. The 15 parts per million sulfur standard
in section (a)(2) shall apply in place of the 500 parts per million sulfur
standard in section (a)(1):
(A) Starting June 1, 2006 to all sales, supplies or offers of vehicular
diesel fuel from the production facility or import facility at which it was
produced or imported.
(B) Starting July 15, 2006 to all sales, supplies, or offers of vehicular
diesel fuel except for transactions directly involving:
1. The fueling of motor vehicles at a retail outlet or bulk purchaser-
consumer facility, or
2. The delivery of vehicular diesel fuel from a bulk plant to a retail out-
let or purchaser-consumer facility.
(C) Starting September 1 , 2006 to all sales, supplies, offers or move-
ments of vehicular diesel, including transactions directly involving the
fueling of motor vehicles at a retail outlet or bulk purchaser-consumer
facility.
(4) Phase-in of 2006 standard at low-throughput facilities. The 1 5
parts per million sulfur standard in section (a)(2) shall not apply to trans-
actions directly involving the fueling of motor vehicles at a retail outlet
or bulk purchaser-consumer facility, where the person selling, offering,
or supplying the diesel fuel demonstrates as an affirmative defense that
the exceedance of the pertinent standard was caused by diesel fuel deliv-
ered to the retail outlet or bulk purchaser-consumer facility prior to July
15, 2006, or delivered to the retail outlet or bulk purchaser-consumer fa-
cility directly from a bulk plant prior to September 1 , 2006.
(5) Applicability of standards to California nonvehicular diesel fuel.
(A) Activities involving California nonvehicular diesel fuel (other
than diesel fuel offered, sold or supplied solely for use in locomotives or
marine vessels) are also subject to this section to the extent required by
section 931 14, title 17, California Code of Regulations. As adopted, sec-
tion 93 1 14 requires each air pollution control or air quality management
district by December 12, 2004 to treat this section 2281 as applying to
California nonvehicular diesel fuel (other than diesel fuel offered, sold
or supplied solely for use in locomotives or marine vessels) as if it were
vehicular diesel fuel, and to enforce those requirements regarding
California nonvehicular diesel fuel, unless the district has proposed its
own airborne toxic control measure to reduce particulate emissions from
diesel-fueled engines through standards for nonvehicular diesel fuel.
(B) Activities involving California nonvehicular diesel fuel used in
harborcraft and most diesel-electric intrastate locomotives are also sub-
ject to this section 2281 as if the fuel were vehicular diesel fuel, to the ex-
tent required by section 2299, title 1 3, California Code of Regulations,
and section 931 17, title 17, California Code of Regulations. As adopted,
these regulations make nonvehicular diesel fuel used in most harborcraft
in the South Coast Air Quality Management District subject to the re-
quirements of this section 2281 starting January 1, 2006, and make all
California nonvehicular diesel fuel used in most harborcraft and diesel-
electric intrastate locomotives subject to this section 2281 starting Janu-
ary 1, 2007.
(6) Subsections (a)(1) and (2) shall not apply to a sale, offer for sale,
or supply of diesel fuel to a refiner where the refiner further processes the
diesel fuel at the refiner's refinery, prior to any subsequent sale, offer for
sale, or supply of the diesel fuel.
(b) Definitions.
For the purposes of this section:
(0.2) "Bulk purchaser-consumer" means a person that purchases or
otherwise obtains diesel fuel in bulk and then dispenses it into the fuel
tanks of motor vehicles owned or operated by the person.
(0.5) "Bulk plant" means an intermediate diesel fuel distribution facil-
ity where delivery of diesel fuel to and from the facility is solely by truck.
(0.8) "California nonvehicular diesel fuel" means any diesel fuel that
is not vehicular diesel fuel and that is sold or made available for use in
engines in California.
(1) "Diesel fuel" means any fuel that is commonly or commercially
known, sold or represented as diesel fuel, including any mixture of pri-
marily liquid hydrocarbons — organic compounds consisting exclusive-
ly of the elements carbon and hydrogen — that is sold or represented as
suitable for use in an internal combustion, compression-ignition engine.
(2) "Executive Officer" means the executive officer of the Air Re-
sources Board, or his or her designee.
(3) "Further process" means to perform any activity on diesel fuel, in-
cluding distillation, desulfurization, or blending, for the purpose of
bringing the diesel fuel into compliance with the standard in subsection
(a)(1).
(3.5) "Marine vessel" has the meaning set forth in section 39037.1 of
the Health and Safety Code.
(4) "Motor vehicle" has the same meaning as defined in section 415
of the Vehicle Code.
(5) "Produce" means to convert liquid compounds which are not diesel
fuel into diesel fuel.
(6) "Producer" means any person who produces vehicular diesel fuel
in California.
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§2281
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(7) "Refiner" means any person who owns, leases, operates, controls
or supervises a refinery.
(8) "Refinery" means a facility that produces liquid fuels by distilling
petroleum.
(9) "Small refiner" means any refiner who owns or operates a refinery
in California that:
(A) Has and at all times had since January 1, 1978, a crude oil capacity
of not more than 50,000 barrels per stream day;
(B) Has not been at any time since September 1, 1 988, owned or con-
trolled by any refiner that at the same time owned or controlled refineries
in California with a total combined crude oil capacity of more than
50,000 barrels per stream day; and
(C) Has not been at any time since September 1 , 1 988, owned or con-
trolled by any refiner that at the same time owned or controlled refineries
in the United States with a total combined crude oil capacity of more than
137,500 barrels per stream day.
(10) "Stream day" means 24 consecutive hours of actual operation of
a refinery.
(11) "Supply" means to provide or transfer a product to a physically
separate facility, vehicle, or transportation system.
(12) "Vehicular diesel fuel" means any diesel fuel (A) which is not
conspicuously identified as a fuel which may not lawfully be dispensed
into motor vehicle fuel tanks in California; or (B) which the person sell-
ing, offering for sale, or supplying the diesel fuel knows will be dispensed
into motor vehicle fuel tanks in California; or (C) which the person sell-
ing, offering for sale, or supplying the diesel fuel in the exercise of rea-
sonable prudence should know will be dispensed into motor vehicle fuel
tanks in California, and that is not the subject of a declaration under pen-
alty of perjury by the purchaser, offeree or recipient stating that s/he will
not sell, offer for sale, or transfer the fuel for dispensing, or dispense the
fuel, into motor vehicle fuel tanks in California.
(c) Test Method.
( 1 ) Test Methodfor 500 ppm sulfur standard. The sulfurcontent of die-
sel fuel limitation of 500 parts per million specified in subsection (a)(1)
shall be determined by ASTM Test Method D 2622-94, which is incor-
porated herein by reference, or any other test method determined by the
executive officer to give equivalent results.
(2) Test Methodfor 15 ppm sulfur standard. The sulfur content of die-
sel fuel limitation of 15 parts per million specified in subsection (a)(2)
shall be determined by ASTM Test Method D 5453-93, which is incor-
porated herein by reference, or any other test method determined by the
executive officer to give equivalent results.
(d) Presumed Sulfur Content of Diesel Fuel Represented As Being for
Nonvehicular Use.
(1) All diesel fuel which has been identified or represented as a fuel
which may not be dispensed into motor vehicles in California, and which
would otherwise be subject to the 500 parts per million by weight sulfur
content standard in subsection (a)(1), shall be deemed to have a sulfur
content exceeding 500 parts per million by weight, as determined by a
test method identified in subsection (c)(1), unless the fuel is tested in ac-
cordance with a method identified in subsection (c)(1) and is shown to
have a sulfur content of 500 parts per million by weight or less.
(2) All diesel fuel which has been identified or represented as a fuel
which may not be dispensed into motor vehicles in California, and which
would otherwise be subject to the 15 parts per million by weight sulfur
content standard in subsection (a)(2), shall be deemed to have a sulfur
content exceeding 15 parts per million by weight, as determined by a test
method identified in subsection (c)(2), unless the fuel is tested in accor-
dance with a method identified in subsection (c)(2) and is shown to have
a sulfur content of 15 parts per million by weight or less.
(e) Variances.
(1) Any person who cannot comply with the requirements set forth in
subsection (a)(1) or (a)(2) as applicable because of reasons beyond the
person' s reasonable control may apply to the executive officer for a vari-
ance. The application shall set forth:
(A) the specific grounds upon which the variance is sought;
(B) the proposed date(s) by which compliance with the provisions of
subsection (a)(1) or (a)(2) will be achieved; and
(C) a plan reasonably detailing the method by which compliance will
be achieved.
(2) Upon receipt of an application for a variance containing the infor-
mation required in subsection (e)(1), the executive officer shall hold a
hearing to determine whether, or under what conditions and to what ex-
tent, a variance from the requirements in subsection (a)( 1 ) or (a)(2) as ap-
plicable is necessary and will be permitted. Notice of the time and place
of the hearing shall be sent to the applicant by certified mail not less than
20 days prior to the hearing. Notice of the hearing shall also be submitted
for publication in the California Regulatory Notice Register and sent to
every person who requests such notice, not less than 20 days prior to the
hearing.
(3) At least 20 days prior to the hearing, the application for the variance
shall be made available to the public for inspection. Interested members
of the public shall be allowed a reasonable opportunity to testify at the
hearing and their testimony shall be considered.
(4) No variance shall be granted unless all of the following findings are
made:
(A) that, because of reasons beyond the reasonable control of the
applicant, requiring compliance with subsection (a)(1) or (a)(2) as appli-
cable would result in an extraordinary economic hardship;
(B) that the public interest in mitigating the extraordinary hardship to
the applicant by issuing the variance outweighs the public interest in
avoiding any increased emissions of air contaminants which would result
from issuing the variance.
(C) that the compliance plan proposed by the applicant can reasonably
be implemented and will achieve compliance as expeditiously as possi-
ble.
(5) Any variance order shall specify a final compliance date by which
the requirements in subsection (a)(1) or (a)(2) as applicable will be
achieved. Any variance order shall also contain a condition that specified
increments of progress necessary to assure timely compliance be
achieved, and such other conditions, including limitations on the sulfur
content of diesel fuel produced for use in motor vehicles, that the execu-
tive officer, as a result of the testimony received at the hearing, finds nec-
essary to carry out the purposes of division 26 of the Health and Safety
Code.
(6) The executive officer may require, as a condition of granting a vari-
ance, that a cash bond, or a bond executed by two or more good and suffi-
cient sureties or by a corporate surety, be posted by the party to whom the
variance was granted to assure performance of any construction, alter-
ation, repair, or other work required by the terms and conditions of the
variance. Such bond may providethat, if the party granted the variance
fails to perform such work by the agreed date, the cash bond shall be for-
feited to the state board, or the corporate surety or sureties shall have the
option of promptly remedying the variance default or paying to the state
board an amount, up to the amount specified in the bond, that is necessary
to accomplish the work specified as a condition of the variance.
(7) No variance from the requirements set forth in subsection (a)(1) or
(a)(2) as applicable based on a plan for compliance which includes the
installation of major additional equipment shall be issued to a producer
where installation of the equipment was not included in a compliance
plan or first update submitted pursuant to subsection (f)- No such vari-
ance shall have a duration of more than three years.
(8) No variance which is issued due to conditions of breakdown, re-
pair, or malfunction of equipment shall have a duration, including exten-
sions, of more than six months.
(9) The executive officer may, after holding a hearing without comply-
ing with the provisions of subsections (e)(2) and (e)(3), issue an emer-
gency variance to a person from the requirements of subsections (a)(1)
or (a)(2) as applicable upon a showing of reasonably unforeseeable ex-
traordinary hardship and good cause that a variance is necessary. In con-
nection with the issuance of an emergency variance, the executive officer
•
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§2282
may waive the requirements of subsection (e)(6). No emergency vari-
ance may extend for a period of more than 45 days. If the applicant for
an emergency variance does not demonstrate that he or she can comply
with the provisions of subsection (a)(1) or (a)(2) as applicable within
such 45-day period, an emergency variance shall not be granted unless
the applicant makes a prima facie demonstration that the findings set
forth in subsection (e)(4) should be made. The executive officer shall
maintain a list of persons who have informed the executive officer in
writing of their desire to be notified by telephone in advance of any hear-
ing held pursuant to this paragraph (e)(9), and shall provide advance tele-
phone notice to any such person.
(10) A variance shall cease to be effective upon failure of the party to
whom the variance was granted substantially to comply with any condi-
tion.
(11) Upon the application of any person, the executive officer may re-
view and for good cause modify or revoke a variance from the require-
ments of subsection (a)(1) or (a)(2) as applicable after holding a hearing
in accordance with the provisions of subsections (e)(2) and (e)(3).
(g) Submittal of Compliance Plan. Each producer shall, by September
1, 2004. submit to the executive officer a plan showing the producer's
schedule for achieving compliance with subsection (a)(2). Each producer
shall, by July 1 , 2005, submit an update of the plan.
NOTE: Authority cited: Sections 39600, 39601, 39667, 43013, 43018, and 43101
of the Health and Safety Code; and Western Oil and Gas Ass 'n. v. Orange County
Air Pollution Control District, 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). Refer-
ence: Sections 39000, 39001, 39002, 39003, 39010, 39500, 39515, 39516, 39667,
415 1 1, 43000, 43016, 4301 8, and 43101 , Health and Safety Code; and Western Oil
and GasAss'n. v. Orange County Air Pollution Control District, 14 Cal. 3d 41 1,
121 Cal. Rptr. 249(1975).
History
1 . Change without regulatory effect renumbering former section 2255 to section
2281 filed 9-17-91 pursuant to section 100, title 1, California Code of Regula-
tions (Register 92, No. 4).
2. New subsections (h)-(h)(5) filed 10-21-93 as an emergency; operative
10-21-93 (Register 93, No. 43). A Certificate of Compliance must be trans-
mitted to OAL by 2-1 8-94 or emergency language will be repealed by opera-
tion of law on the following day.
3. Repeal of subsections (h)(l)-(h)(5) by operation of Government Code section
11346.1(f) (Register 94, No. 1 8).
4. Amendment of subsection (c) filed 7-25-97; operative 8-24-97 (Register 97,
No. 30).
5. Amendment filed 7-15-2004; operative 8-14-2004 (Register 2004, No. 29).
6. New subsection (a)(5)(A) designator and new subsection (a)(5)(B) filed
7-5-2005; operative 8-4-2005 (Register 2005, No. 27).
§ 2282. Aromatic Hydrocarbon Content of Diesel Fuel.
(a) Regulatory Standard.
(1) On or after October 1, 1993, except as otherwise provided in this
subsection (a), no person shall sell, offer for sale, or supply any vehicular
diesel fuel unless:
(A) The aromatic hydrocarbon content does not exceed 10 percent by
volume; or
(B) The vehicular diesel fuel has been reported in accordance with all
of the requirements of subsection (d), and:
1 . The aromatic hydrocarbon content does not exceed the designated
alternative aromatic hydrocarbon limit, and
2. Where the designated alternative aromatic hydrocarbon limit ex-
ceeds 10 percent by volume, the excess aromatic hydrocarbon content is
fully offset in accordance with subsection (d); or
(C) The vehicular diesel fuel has been reported in accordance with all
of the requirements of subsection (g)(7), and meets all of the specifica-
tions for a certified diesel fuel formulation identified in an applicable Ex-
ecutive Order issued pursuant to subsection (g)(6); or
(D) The vehicular diesel fuel has been reported in accordance with all
of the requirements of subsection (h)(2), and meets all of the designated
equivalent limits set forth in subsection (h)(1); or
(E) The vehicular diesel fuel is exempt under subsection (e) and:
1 . The aromatic hydrocarbon content does not exceed 20 percent by
volume; or
2. The vehicular diesel fuel has been reported in accordance with all
of the requirements of subsection (d) and
a. The aromatic hydrocarbon content does not exceed the designated
alternative limit, and
b. Where the designated alternative limit exceeds 20 percent by vol-
ume, the excess aromatic hydrocarbon content is fully offset in accor-
dance with subsection (d), treating all references in subsection (d) to 10
percent by volume as references to 20 percent by volume; or
3. The vehicular diesel fuel has been reported in accordance with all
of the requirements of subsection (g)(7), and meets all of the specifica-
tions for a certified diesel fuel formulation identified in an applicable Ex-
ecutive Order issued pursuant to subsections (g)(6) and (g)(8).
(2) Applicability of standards to California nonvehicular diesel fuel.
(A) Activities involving California nonvehicular diesel fuel (other
than diesel fuel offered, sold or supplied solely for use in locomotives or
marine vessels) are also subject to this section to the extent required by
section 931 14, title 1 7, California Code of Regulations. As adopted, sec-
tion 931 14 requires each air pollution control or air quality management
district by December 12, 2004 to treat this section 2282 as applying to
California nonvehicular diesel fuel (other than diesel fuel offered, sold
or supplied solely for use in locomotives or marine vessels) as if it were
vehicular diesel fuel, and to enforce those requirements regarding
California nonvehicular diesel fuel, unless the district has proposed its
own airborne toxic control measure to reduce particulate emissions from
diesel-fueled engines through standards for nonvehicular diesel fuel.
(B) Activities involving California nonvehicular diesel fuel used in
harborcraft and most diesel-electric intrastate locomotives are also sub-
ject to this section 2282 as if the fuel were vehicular diesel fuel, to the ex-
tent required by section 2299, title 13, California Code of Regulations,
and section 931 17, title 17, California Code of Regulations. As adopted,
these regulations make nonvehicular diesel fuel used in most harborcraft
in the South Coast Air Quality Management District subject to the re-
quirements of this section 2282 starting January 1, 2006, and make all
California nonvehicular diesel fuel used in most harborcraft and diesel-
electric intrastate locomotives subject to this section 2282 starting Janu-
ary 1,2007.
(3) Subsection (a)(1) shall not apply to a sale, offer for sale, or supply
of vehicular diesel fuel to a refiner where the refiner further processes the
diesel fuel at the refiner's refinery prior to any subsequent sale, offer for
sale, or supply of the diesel fuel.
(b) Definitions.
For the purposes of this section:
(0.5) "Aromatic hydrocarbon" has the same meaning as "total aromat-
ic hydrocarbons."
(0.7) "California nonvehicular diesel fuel" means any diesel fuel that
is not vehicular diesel fuel and that is sold or made available for use in
engines in California.
(1) "Chemical composition" means the name and percentage by
weight of each compound in an additive and the name and percentage by
weight of each element in an additive.
(2) "Designated alternative limit" means an alternative aromatic hy-
drocarbon limit, expressed in percent aromatic hydrocarbon content by
volume, which is assigned by a producer or importer to a final blend of
vehicular diesel fuel pursuant to subsection (d).
(3) "Diesel fuel" means any fuel that is commonly or commercially
known, sold or represented as diesel fuel, including any mixture of pri-
marily liquid hydrocarbons — organic compounds consisting exclusive-
ly of the elements carbon and hydrogen — that is sold or represented as
suitable for use in an internal combustion, compression-ignition engine.
(4) "Exempt volume" means:
(A) Except as otherwise provided in subsection (b)(4)(B), 65 percent
of the average of the three highest annual production volumes of distillate
fuel reported for a small refiner's California refinery in the period 1983
to 1987, inclusive, to the California Energy Commission (CEC) as re-
quired by the Petroleum Industry Information Reporting Act of 1980
(Public Resources Code Sections 25350 et seq.); provided that for any
small refiner that reported no distillate fuel production for two or more
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§2282
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years in the 1983-1987 period and that has installed hydrotreating pro-
cesses which allow the production of diesel fuel with a sulfur content of
500 parts per million or less, exempt volume may be calculated as 65 per-
cent of the average annual production volumes of distillate fuel reported
for the small refiner's California refinery for 1989 and 1990.
(B) In the case of a small refiner who, in an application or amended
application submitted pursuant to subsection (e)(2), notifies the execu-
tive officer of its election to be subject to this subsection (b)(4)(B), a vol-
ume determined in accordance with the following four steps:
1 . First, the barrel per calendar day "operable crude oil capacity" of the
small refiner's refinery for 1991 and 1992 is identified, based on data
which are reported to the Executive Officer from the CEC and are derived
from "Monthly Refining Reports" (EIA 810, Revised 1/89) submitted to
the CEC no later than June 20, 1994. If the CEC is unable to derive such
data from the "Monthly Refining Reports" for a particular small refiner,
the executive officer shall determine the small refiner's operable crude
oil capacity for 1991 and 1992 based on other publicly available and gen-
erally recognized sources.
2. Second, this operable crude oil capacity is multiplied by 0.9011,
representing the overall refinery utilization rate (crude oil run divided by
operable crude oil capacity) in the California refining industry for 1991
and 1992, as derived from reports of crude oil run and operable capacity
in the "Quarterly Oil Reports" issued by the CEC.
3. Third, the resulting crude throughput volume is multiplied by the
average of the refinery's two highest ratios of distillate produced to caide
oil distilled in the period 1988 through 1992, based on distillate produc-
tion data recorded by the CEC from MO-7 reporting forms (Revised
1 1-87) submitted to the CEC no later than June 30, 1994 and from crude
oil run data derived by the CEC from "Monthly Refining Reports" sub-
mitted to the CEC no later than June 30, 1994, and is further multiplied
by 365 to identify an annualized value.
4. Fourth, the resulting annual volume of distillate production is multi-
plied by a fraction determined in accordance with this subsection
(b)(4)(B)4., which represents the average proportion of small refiners'
distillate production that has been sold as diesel fuel for use in motor ve-
hicles in California from 1988 through 1992. The fraction shall be based
on the activities of all small refiners who during October 1, 1993 through
June 30, 1 994 lawfully produced and supplied vehicular diesel fuel. With
respect to each such small refiner, the executive officer shall calculate a
single fraction representing the average of the refiner's two highest annu-
al ratios of [a] diesel fuel produced by the small refiner and sold for use
in California motor vehicles to [b] distillate produced, over the period
1988 through 1992. In calculating these ratios, distillate production shall
be based on distillate production data recorded by the CEC from MO-7
reporting forms (Revised 1 1-87) submitted to the CEC no later than June
30, 1994, and the volume of diesel fuel produced by the small refiner and
sold for use in California motor vehicles shall be derived from sales data
certified by authorized representatives of the small refiners and such oth-
er information from the small refiners deemed necessary by the executive
officer. The executive officer shall then combine the single fractions for
each such small refiner. The annual distillate production volume identi-
fied pursuant to subsection (b)(4)(B)3. shall be multiplied by the fraction
that represents the average of the single fractions for each small refiner.
(5) "Executive Officer" means the executive officer of the Air Re-
sources Board, or his or her designee.
(6) "Final blend" means a distinct quantity of diesel fuel which is intro-
duced into commerce in California without further alteration which
would tend to affect the fuel's aromatic hydrocarbon content.
(7) "Formulation" means the composition of a diesel fuel represented
by a test fuel submitted pursuant to subsection (g).
(8) "Further process" means to perform any activity on diesel fuel, in-
cluding distillation, treating with hydrogen, or blending, for the purpose
of bringing the diesel fuel into compliance with the standards in subsec-
tion (a)(1).
(9) "Hydrodearomatization process" means a type of hydrotreating
process in which hydrogen is used in the presence of heat, pressure, and
catalysts to saturate aromatic hydrocarbons in order to produce low-aro-
matic hydrocarbon content diesel fuel.
(10) "Importer" means any person who first accepts delivery in Cali-
fornia of vehicular diesel fuel.
(1 1) "Import facility" means the facility at which imported diesel fuel
is first received in California, including, in the case of diesel fuel im-
ported by cargo tank and delivered directly to a facility for dispensing
diesel fuel into motor vehicles, the cargo tank in which the diesel fuel is
imported.
(12) "Marine vessel" has the meaning set forth in section 39037.1 of
the Health and Safety Code.
(13) "Motor vehicle" has the same meaning as defined in Section 415
of the Vehicle Code.
(14) "Polycyclic aromatic" (also referred to as "polynuclear aromatic
hydrocarbons" or "PAH") means an organic compound containing two
or more aromatic rings.
(15)(A) "Produce" means to convert liquid compounds which are not
diesel fuel into diesel fuel. When a person blends volumes of blendstocks
which are not diesel fuel with volumes of diesel fuel acquired from anoth-
er person, and the resulting blend is diesel fuel, the person conduction
such blending has produced only the portion of the blend which was not
previously diesel fuel. When a person blends diesel fuel with other vol-
umes of diesel fuel, without the addition of blendstocks which are not die-
sel fuel, the person does not produce diesel fuel.
(B) Subsection (b)(15)(A) notwithstanding, for the purposes of sub-
section (e) only, a small refiner who blends volumes of blendstocks
which are not diesel fuel, or volumes of diesel fuel having an aromatic
hydrocarbon content exceeding 20 percent by volume, with diesel fuel
acquired from another person, in order to make diesel fuel having an aro-
matic hydrocarbon content not exceeding 20 percent by volume, shall be
deemed to have produced the entire volume of the resulting blend and the
person who initially converted non-diesel compounds into the acquired
iesel fuel has also produced the volume of acquired diesel fuel.
(16) "Producer" means any person who produces vehicular diesel fuel
in California.
(17) "Refiner" means any person who owns, leases, operates, controls
or supervises a refinery.
(18) "Refinery" means a facility that produces liquid fuels by distilling
petroleum. A small refiner's refinery includes all bulk storage and bulk
distribution facilities jointly owned or leased with the facility that pro-
duces liquid fuels by distilling petroleum.
(19) "Small refiner" means any refiner who owns or operates a refin-
ery in California that:
(A) Has and at all times had since January 1, 1978, a crude oil capacity
of not more than 55,000 barrels per stream day;
(B) Has not been at any time since September 1, 1988, owned or con-
trolled by any refiner that at the same time owned or controlled refineries
in California with a total combined crude oil capacity of more than
55,000 barrels per stream day; and
(C) Has not been at any time since September 1, 1988, owned or con-
trolled by any refiner that at the same time owned or controlled refineries
in the United States with a total combined crude oil capacity of more than
137,500 barrels per stream day.
(20) "Straight-run California diesel fuel" means diesel fuel produced
from crude oil which is commercially available in California by distilla-
tion, without the use of cracking or other chemical conversion processes.
(21) "Stream day" means 24 consecutive hours of actual operation of
a refinery.
(22) "Supply" means to provide or transfer a product to a physically
separate facility, vehicle, or transportation system.
(23) "Vehicular diesel fuel" means any diesel fuel (A) which is not
conspicuously identified as a fuel which may not lawfully be dispensed
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§2282
into motor vehicle fuel tanks in California; or (B) which the person sell-
ing, offering for sale, or supplying the diesel fuel knows will be dispensed
into motor vehicle fuel tanks in California; or (C) which the person sell-
ing, offering for sale, or supplying the diesel fuel in the exercise of rea-
sonable prudence should know will be dispensed into motor vehicle fuel
tanks in California, and that is not the subject of a declaration under pen-
alty of perjury by the purchaser, offeree or recipient stating that s/he will
not sell, offer for sale, or transfer the fuel for dispensing, or dispense the
fuel, into motor vehicle fuel tanks in California.
(c) Test Method. Compliance with the aromatic hydrocarbon content
limitations specified in this section 2282 shall be determined by ASTM
Test Method D 5 1 86-96, which is incorporated herein by reference. The
following correlation equation shall be used to convert the SFC results
in mass percent to volume percent.
Correlation Equation: Aromatic Hydrocarbons expressed in % by vol-
ume = 0.91 6x (Aromatic Hydrocarbons expressed in % by weight) +
1.33
(d) Designated Alternative Limit Designated Alternative Aromatic
Hydrocarbon Limit.
(1) A producer or importer may assign a designated alternative limit
in accordance with this subsection (d) to a final blend of vehicular diesel
fuel produced or imported by the producer or importer. In no case may
the designated alternative limit be less than the aromatic hydrocarbon
content of the final blend shown by the sample and test conducted pur-
suant to subsection (f).
(2) The producer or importer shall notify the executive officer of the
volume (in gallons) and the designated alternative limit of the final blend.
This notification shall be received by the executive officer before the start
of physical transfer of the diesel fuel from the production or import facil-
ity , and in no case less than 1 2 hours before the producer either completes
physical transfer or comingles the final blend.
(3) Within 90 days before or after the start of physical transfer of any
final blend of vehicular diesel fuel to which a producer or importer has
assigned a designated alternative limit exceeding 10 percent, the produc-
er or importer shall complete physical transfer from the production or im-
port facility of vehicular diesel fuel in sufficient quantity and with a des-
ignated alternative limit sufficiently below the limit specified in
subsection (a)( 1 )( A) to offset the volume of aromatic hydrocarbons in the
diesel fuel reported in excess of the limit.
(4) If, through no intentional or negligent conduct, a producer or im-
porter cannot report within the time period specified in subsection (d)(2),
then the producer or importer shall notify the executive officer of the re-
quired data as soon as reasonably possible and shall provide a written ex-
planation of the cause of the delay in reporting. If, based on the written
explanation and the surrounding circumstances, the executive officer de-
termines that the conditions of this subsection (d)(4) are met, timely noti-
fication shall be deemed to have occurred.
(5) The executive officer may enter into a protocol with any individual
producer or importer for the purposes of specifying how the requirements
in subsections (d)(2) and (3) shall be applied to the producer's or import-
er's particular operations, as long as the executive officer reasonably de-
termines that application of the regulatory requirements under the proto-
col is not less stringent or enforceable than application of the express
terms of subsections (d)(2) and (3). Any such protocol shall include the
producer' s or importer' s agreement to be bound by the terms of the proto-
col.
(6) No person shall sell, offer for sale, or supply vehicular diesel fuel,
in a final blend to which a producer or importer has assigned a designated
alternative limit exceeding 10 percent aromatics content, where the total
volume of the final blend sold, offered for sale, or supplied exceeds the
volume reported to the executive officer pursuant to subsection (d)(2) or
(5).
(7) No person shall sell, offer for sale or supply vehicular diesel fuel,
in a final blend to which a producer or importer has assigned a designated
alternative limit less than 10 percent aromatics content, where the total
volume of the final blend sold, offered for sale, or supplied is less than
the volume reported to the executive officer pursuant to subsection (d)(2)
or (5).
(8) Whenever the final blend of a producer includes volumes of diesel
fuel the producer has produced and volumes it has no produced, the pro-
ducer's designated alternative limit shall apply only to the volume of die-
sel fuel the producer has produced. In such a case, the producer shall re-
port to the ARB in accordance with subsection (d)(2) both the volume of
diesel fuel produced and the total volume of the final blend.
(e) Small Refiner Diesel Fuel.
( 1) The provisions of subsection (a)(1)(A), (B), and (C) shall not apply
to the diesel fuel that is produced by a small refiner at the small refiner's
California refinery and that is first consecutively supplied from the refin-
ery as vehicular diesel fuel in each calendar year, up to the small refiner' s
exempt volume (up to one quarter of the small refiner's exempt volume
for the period from October 1, 1993-December 31, 1993). Diesel fuel
which is designated by the small refiner as not exempt under this section
(e), and which is reported to the executive officer pursuant to a protocol
entered into between the small refiner and the executive officer, shall not
be counted against the exempt volume and shall not be exempt under this
subsection (e). This exemption shall not apply to any diesel fuel supplied
from a small refiner's refinery in any calendar quarter in which less than
25 percent of the diesel fuel supplied from the refinery was produced
from the distillation of crude oil at the refinery. The foregoing notwith-
standing in the case of any small refiner that pursuant to subsection (a)(4)
has not been subject to subsection (a)(1) until October 1, 1994, all vehicu-
lar diesel fuel produced by the small refiner at the small refiner's Califor-
nia refinery and supplied from the refinery from October 1 , 1994 through
December 31, 1994, shall be exempt from the provisions of subsection
(a)(1)(A), (B) and (C), up to the quarterly volume limits imposed by the
executive officer in connection with issuance of suspension orders pur-
suant to section 2281(g). These quarterly volume limits are as follows:
Kern Oil & Refining, 714,100 barrels; Paramount Petroleum, 1,064,700
barrels; and Powerine Oil Company, 1,419,600 barrels.
(2) To qualify for an exemption under this subsection (e), a refiner
shall submit to the executive officer an application for exemption ex-
ecuted in California under penalty of perjury, on the Air Resources
Board's ARB/SSD/CPB Form 89-9-1, for each of the small refiner's
California refineries. The application shall specify the crude oil capacity
of the refinery at all times since January 1, 1978, the crude oil capacities
of all the refineries in California and the United States which are owned
or controlled by, or under common ownership or control with, the small
refiner since September 1 , 1988, data demonstrating that the refinery has
the capacity to produce liquid fuels by distilling petroleum, and copies
of the reports made to the California Energy Commission as required by
the Petroleum Industry Reporting Act of 1980 (Public Resources Code
sections 25350 et seq.) showing the annual production volumes of distil-
late fuel at the small refiner's California refinery for 1983 through 1987.
Within 90 days of receipt of the application, the executive officer shall
grant or deny the exemption in writing. The exemption shall be granted
if the executive officer determines that the applicant has demonstrated
that s/he meets the provisions of subsection (b)(19), and shall identify the
small refiner's exempt volume. The exemption shall immediately cease
to apply at any time the refiner ceases to meet the definition of small re-
finer in subsection (b)(19).
(3) In addition to the requirements of subsection (f) below, each small
refiner who is covered by an exemption shall submit to the executive offi-
cer reports containing the information set forth below for each of the
small refiner' s California refineries. The reports shall be executed in Cal-
ifornia under penalty of perjury, and must be received within the time in-
dicated below:
(A) The quantity, ASTM grade, aromatic hydrocarbon content, and
batch identification of all diesel fuel, produced by the small refiner, that
is supplied from the small refinery in each month as vehicular diesel fuel,
within 15 days after the end of the month;
(B) For each calendar quarter, a statement whether 25 percent or more
of the diesel fuel transferred from the small refiner's refinery was pro-
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Title 13
duced by the distillation of crude oil at the small refiner's refinery, within
15 days after the close of such quarter;
(C) The date, if any, on which the small refiner completes transfer from
its small refinery in a calendar year of the maximum amount of vehicular
diesel fuel which is exempt from subsection (a)(1)(A) and (B) pursuant
to subsection (e), within 5 days after such date;
(D) Within 10 days after project completion, any refinery addition or
modification which would affect the qualification of the refiner as a small
refiner pursuant to subsection (b)(19); and
(E) Any change of ownership of the small refiner or small refiner's re-
finery, within 10 days after such change of ownership.
(4) Whenever a small refiner fails to provide records identified in sub-
section (e)(3)(A) or (B) in accordance with the requirements of those sub-
sections, the vehicular diesel fuel supplied by the small refiner from the
small refiner's refinery in the time period of the required records shall be
presumed to have been sold or supplied by the small refiner in violation
of section (a)(1)(A).
(5) Offsetting Excess Emissions From Gasoline Subject to the Small
Refiner CaRFG Phase 3 Standards.
(A) Annual elections. No later than December 22 of each calendar year
starting with 2002, a small refiner who is also a qualifying small refiner
as defined in the CaRFG regulations (section 2260(a)(28.5)) may by noti-
fication to the executive officer make the following elections:
1. Whether the small refiner elects to produce gasoline subject to the
small refiner CaRFG Phase 3 standards in section 2272(a) in the coming
year;
2. If electing to produce small refiner CaRFG Phase 3, whether the re-
finer elects the option of accepting a reduced exempt volume in the com-
ing year to offset the excess emissions;
3. If electing to produce small refiner CaRFG Phase 3 but not to accept
a reduced exempt volume, the refiner must elect for the coming year ei-
ther (i) to produce offset small refiner diesel fuel with an exempt volume
determined in accordance with section (b)(4), or (ii) to produce cleaner
offset small refiner diesel fuel with an exempt volume expanded by 25
percent and restrictions on sales of high-aromatics California nonvehic-
ular diesel fuel.
(B) Effect of election.
1. Election not to produce small refiner CaRFG Phase 3. If a small re-
finer does not elect to produce gasoline subject to the small refiner
CaRFG Phase 3 standards for a particular year, no gasoline sold or sup-
plied from the small refiner's refinery in that year will qualify for the
small refiner CaRFG Phase 3 standards in section 2272(a).
2. Election to accept a reduced exempt volume for small refiner diesel
fuel. If a small refiner elects to accept a reduced exempt volume under
section (f)(5)(A), the executive officer shall assign a substitute exempt
volume for the year that is reduced sufficiently to offset the excess emis-
sions of hydrocarbons, oxides of nitrogen, and potency- weigh ted toxics
that would result from production of the small refiner's full qualifying
volume of gasoline subject to the CaRFG Phase 3 standards. In the case
of Kern Oil and Refining Co., its reduced exempt volume of small refiner
diesel fuel would be 825,995 barrels per year (equal to 2263 bpd; 828,258
barrels per year in leap years) in place of 2,337,825 barrels per year
(equal to 6405 bpd; 2,344.230 in leap years).
3. Election to retain the preexisting exempt volume and produce offset
small refiner diesel fuel. If the small refiner elects to be subject to the ex-
empt volume determined in accordance with section (b)(4), the executive
officer shall adjust the aromatics and cetane number of the standards ap-
plicable to the small refiner sufficient to offset the potential increased
emissions identified pursuant to section 2272(c)(5). In the case of Kern
Oil and Refining Co., its exempt volume for the year would be 2,337,825
barrels per year (equal to 6405 bpd; 2,344,230 barrels per year in leap
years). Any small refiner diesel fuel it sells or supplies as a certified alter-
native formulation equivalent to a 20 percent aromatics reference fuel
must have an aromatic hydrocarbon content that is 2 percentage points
lower, and a cetane number that is 0.5 higher, than is specified for the al-
ternative formulation. Any small refiner diesel fuel it sells or supplies
which is not designated as a certified alternative formulation must have
an aromatic hydrocarbon content not exceeding 1 8 percent, or be subject
to the designated alternative limit provisions in subsection (d) with all
designated alternative limits above 18 percent by volume fully offset in
accordance with subsection (d).
4. Election of expanded exempt volume with requirement for cleaner
offset small refiner diesel fuel. If the small refiner elects to produce offset
small refiner diesel fuel with an expanded exempt volume, its exempt
volume for the year will be 1 25 percent of its exempt volume determined
in accordance with section (b)(4). The executive officer shall adjust the
aromatics and cetane number of the standards applicable to the potential
volume of small refiner sufficient to offset the potential increased emis-
sions identified pursuant to section 2272(c)(5). The small refiner will be
prohibited during the year from selling or supplying diesel fuel that it has
produced and is intended for nonvehicular applications in California un-
less the fuel meets the U.S. EPA's standards for diesel fuel for use in mo-
tor vehicles in 40 CFR sec. 80.29 as it existed July 1, 2000. In the case
of Kern Oil and Refining Co., its exempt volume for the year would be
2,922,190 barrels per year (equivalent to 8006 bpd; 2,930,196 in leap
years). Any small refiner diesel fuel it sells or supplies in the year as a
certified alternative formulation equivalent to a 20 percent aromatics ref-
erence fuel must have an aromatic hydrocarbon content that is 3.5 per-
centage points lower, and a cetane number that is 0.5 higher, and an addi-
tive content that is 0.02 percentage points higher, than is specified for the
alternative formulation. Any small refiner diesel fuel it sells or supplies
which is not designated as a certified alternative formulation shall have
an aromatic hydrocarbon content not exceeding 14 percent.
5. Additional requirement to sell or supply ultra-low sulfur diesel fuel.
In addition to the requirements in section (f)(5)(B) 1. through (f)(5)(B)4.,
a small refiner that elects to produce gasoline subject to the CaRFG Phase
3 standards for a year must sell or supply in that year up to 100 bpd of
diesel fuel having a sulfur content not exceeding 30 ppm and an aromatic
hydrocarbon content not exceeding 20 percent, to the extent there are
buyers wishing to acquire that diesel fuel on commercially reasonable
terms.
(C) Early opt-in to produce small refiner CaRFG Phase 3. To the ex-
tent that the sale or supply of gasoline subject to the CaRFG Phase 3 stan-
dards before December 31, 2002 is permitted by section 2261(b)(3), a
qualifying small refiner may elect to have to option of producing gasoline
subject to the small refiner CaRFG Phase 3 standards for a full year or the
remainder of a year prior to December 31, 2002. In that case, section
(e)(5)(B)2.-5. would apply on a pro rata basis to the portion of the year
on and after the effective date of the election, and the preexisting require-
ments would apply on a pro rata basis to the portion of the year prior to
the effective date of the election.
(f) Testing and Recordkeeping.
( 1 ) Each producer shall sample and test for aromatic hydrocarbon con-
tent each final blend of vehicular diesel fuel which the producer has pro-
duced, in accordance with an applicable test method identified in subsec-
tion (c). If a producer blends diesel fuel components directly to pipelines,
tankships, railway tankcars, or trucks and trailers, the loading(s) shall be
sampled and tested for aromatic hydrocarbon content by the producer or
authorized contractor. The producer shall maintain, for two years from
the date of each sampling, records showing the sample date, product
sampled, container or other vessel sampled, final blend volume, and the
aromatic hydrocarbon content. In the event a producer sells, offers for
sale, or supplies diesel fuel which the producer claims is not vehicular
diesel fuel and which has an aromatic hydrocarbon content exceeding the
standard set forth in subsection (a)(1), such producer shall maintain, for
two years from the date of any sale or supply of the fuel, records demon-
strating that the diesel fuel was not vehicular diesel fuel when it was sold
or supplied by the producer. All diesel fuel produced by the producer and
not tested as vehicular diesel fuel by the producer pursuant to this subsec-
tion shall be deemed to have an aromatic hydrocarbon content exceeding
10 percent, unless the producer demonstrates that the diesel fuel meets
the requirements of subsection (a)(1).
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(2) Each importer shall sample and test for aromatic hydrocarbon con-
tent each shipment of vehicular diesel fuel which the importer has im-
ported by tankship, pipeline, railway tankcars, trucks and trailers, or oth-
er means, in accordance with an applicable test method identified in
subsection (c). The importer shall maintain, for two years from the date
of each sampling, records showing the sample date, product sampled,
container or other vessel sampled, the volume of the shipment, and the
aromatic hydrocarbon content. All diesel fuel imported by the importer
and not tested as vehicular diesel fuel by the importer pursuant to this sub-
section shall be deemed to have an aromatic hydrocarbon content ex-
ceeding 10 percent, unless the importer demonstrates that the diesel fuel
meets the requirements of subsection (a)(1).
(3) A producer or importer shall provide to the executive officer any
records required to be maintained by the producer or importer pursuant
to this subsection (d) within 20 days of a written request from the execu-
tive officer if the request is received before expiration of the period dur-
ing which the records are required to be maintained. Whenever a produc-
er or importer fails to provide records regarding a final blend of vehicular
diesel fuel in accordance with the requirements of this subsection, the fi-
nal blend of diesel fuel shall be presumed to have been sold by the pro-
ducer in violation of subsection (a)(1).
(4) The executive officer may perform any sampling and testing
deemed necessary to determine compliance by any person with the re-
quirements of subsection (a) and may require that special samples be
drawn and tested at any time.
(5) The executive officer may enter into a protocol with any producer,
importer, or person who sells, offers for sale, or transfers diesel fuel to
a producer for the purpose of specifying alternative sampling, testing, re-
cordkeeping, or reporting requirements which shall satisfy the provisions
of subsections (f)(1), (0(2), or (e)(3). The executive officer may only en-
ter into such a protocol if s/he reasonably determines that application of
the regulatory requirements under the protocol will be consistent with the
state board's ability effectively to enforce the provisions of subsection
(a). Any such protocol shall include the producer's or importer's agree-
ment to be bound by the terms of the protocol.
(g) Certified Diesel Fuel Formulations Resulting in Equivalent Emis-
sions Reductions.
(1) The executive officer, upon application of any producer or import-
er, may certify diesel fuel formulations in accordance with this subsec-
tion (g). The applicant shall initially submit a proposed test protocol to
the executive officer. The proposed test protocol shall include: (A) the
identify of the entity proposed to conduct the tests described in subsec-
tion (g)(4); (B) test procedures consistent with the requirements of this
subsection (g); (C) test data showing that the candidate fuel meets the
specifications for No. 2-D diesel fuel set forth in ASTM D975-81
(which is incorporated herein by reference), and identifying the charac-
teristics of the candidate fuel set forth in subsection (g)(2); (D) test data
showing that the fuel to be used as the reference fuel satisfies the specifi-
cations identified in subsection (g)(3); (E) reasonably adequate quality
assurance and quality control procedures; and (F) notification of any out-
lier identification and exclusion procedure that will be used, and a dem-
onstration that any such procedure meets generally accepted statistical
principles.
Within 20 days of receipt of a proposed test protocol, the executive
officer shall advise the applicant in writing either that it is complete or
that specified additional information is required to make it complete.
Within 15 days of submittal of additional information, the executive offi-
cer shall advise the applicant in writing either that the information sub-
mitted makes the proposed test protocol complete or that specified addi-
tional information is still required to make it complete. Within 20 days
after the proposed test protocol is deemed complete, the executive officer
shall either approve the test protocol as consistent with this subsection (g)
or advise the applicant in writing of the changes necessary to make the
test protocol consistent with this subsection (g). Any notification of ap-
proval of the test protocol shall include the name, telephone number, and
address of the executive officer's designee to receive notifications pur-
suant to subsection (g)(4)(C)(ii). The tests shall not be conducted until
the protocol is approved by the executive officer.
Upon completion of the tests, the applicant may submit an application
for certification to the executive officer. The application shall include the
approved test protocol, all of the test data, a copy of the complete test log
prepared in accordance with subsection (g)(4)(C)(ii), a demonstration
that the candidate fuel meets the requirements for certification set forth
in this subsection (g), and such other information as the executive officer
may reasonably require.
Within 20 days of receipt of an application, the executive officer shall
advise the applicant in writing either that it is complete or that specified
additional information is required to make it complete. Within 15 days
of submittal of additional information, the executive officer shall advise
the applicant in writing either that the information submitted makes the
application complete or that specified additional information is still re-
quired to make it complete. Within 30 days after the application is
deemed complete, the executive officer shall grant or deny the applica-
tion. Any denial shall be accompanied by a written statement of the rea-
sons for denial.
(2) The candidate fuel.
(A)l. The applicant shall supply the candidate fuel to be used in the
comparative testing pursuant to subsection (g)(4).
2. The candidate fuel shall meet the specifications for No. 2-D diesel
fuel set forth in ASTM D975-81, which is incorporated herein by refer-
ence, and shall also meet the requirements in subsections (g)(2)(A)3. and
4.
3. a. Except as otherwise provided in subsection (g)(2)(A)3.b., the can-
didate fuel shall meet the following specifications, which are identical to
the comparable specifications for the reference fuel identified in subsec-
tion (g)(3):
ASTM Candidate Fuel
Property Test Method Specifications
Gravity, API D287-82 33-39
Viscosity at 40°C, cSt D455-83 2.0-4.1
Flash point, °F, (min.) D93-80 130
Distillation, °F
IBP D86-96 340-420
10% PvEC. 400-490
50% REC. 470-560
90% PvEC. 550-610
EP 580-660
b. The candidate fuel's value for one or more of the properties listed
in the subsection (g)(2)(A)3.a. table may be outside the specification in
the table if the applicant is specifying the property and candidate fuel's
value pursuant to subsection (g)(2)(C).
4.a. Except for a property to which subsection (g)(2)( A)3.b applies, the
gravity, viscosity, flash point and distillation values of the candidate fuel
may not differ from the corresponding values of the reference fuel used
in the engine emissions testing by more than one-half of the permitted
range for the property. For example, if the API gravity of the reference
fuel is 33, then the API gravity of the candidate fuel may not exceed 36.
b. The candidate fuel's value for one or more of the properties listed
in the subsection (g)(2)(A)3.a. table may differ from the corresponding
value of the reference fuel used in the engine emissions testing by more
than one-half of the permitted range for the property if the applicant is
specifying the property and candidate fuel's value pursuant to subsection
(g)(2)(C).
(B) The following characteristics of the candidate fuel shall be deter-
mined as the average of three tests conducted in accordance with the ref-
erenced test method (the ASTM methods are incorporated herein by ref-
erence):
l.a. For formulations certified prior to August 14, 2004, sulfur content
(not to exceed 500 ppm) by ASTM D2622-94;
b. For formulations certified on or after August 14, 2004, sulfur con-
tent (not to exceed 15 ppm) by ASTM D5453-93;
2. Total aromatic hydrocarbon content, by ASTM D5 186-96;
3. Polycyclic aromatic hydrocarbon content, by ASTM D5 186-96;
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BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
4. Nitrogen content, by ASTM D4629-96;
5. Cetane number, by ASTM D6 13-84;
6. Identity and concentration of each additive, by a test method speci-
fied by the applicant and determined by the executive officer to adequate-
ly determine the presence and concentration of the additive.
(C) The applicant may also specify any other parameters for the candi-
date fuel in addition to those listed in subsection (g)(2)(B), along with the
test method for determining the parameters. The applicant shall provide
the chemical composition of each additive in the candidate fuel, except
that if the chemical composition of an additive is not known to either the
applicant or to the manufacturer of the additive (if other), the applicant
may provide a full disclosure of the chemical process of manufacture of
the additive in lieu of its chemical composition.
(3) The reference fuel.
(A) The reference fuel used in the comparative testing described in
subsection (g)(4) shall be produced from straight-run California diesel
fuel by a hydrodearomatization process and shall have the characteristics
set forth below under "General Reference Fuel Specifications" (the listed
ASTM methods are incorporated herein by reference):
Reference Fuel Specifications
General Small Refiner
ASTM Reference Fuel Reference Fuel
Property Test Method Specifications Specifications
Sulfur Content D2622-941 . 500 ppm max.1 . 500 ppm max.1
D5453-932 . 15 ppm max.2 .. 15 ppm max.2
Aromatic Hydrocarbon
Content, Vol. % D5186-96 . . 10% max 20% max.
Polycyclic Aromatic
Hydrocarbon Content,
WT. % D5186-96 . . 1.4% max 4% max.
Nitrogen Content D4629-96 . . 10 ppm max. ... 90 ppm max.
Natural Cetane Number . . . D6 13-84 ... 48 minimum ... 47 minimum
Gravity, API D287-82 . . . 33-39 33-39
Viscosity at 40°C, cSt D445-83 . . . 2.0-4.1 2.0-4.1
Flash point, °F, (nun.) .... D93-80 .... 130 130
Distillation, °F D86-96 ....
IBP 340-420 340-420
10 % REC 400-490 400-490
50 % REC 470-560 470-560
90 % REC 550-610 550-610
EP 580-660 580-660
1 This test method and sulfur content maximum applies to all reference fuels used
for formulations certified prior to August 14, 2004.
2 This test method and sulfur content maximum applies to all reference fuels used
for formulations certified on or after August 1, 2004.
(B) Where the candidate fuel's value for one or more properties is out-
side the specification in the table in subsection (g)(2)(A)3.a as permitted
by subsection (g)(2)(A)3.b., the reference fuel's value for that property
may not be on the opposite side of the mid-point of the range shown in
the table.
(4)(A) Exhaust emission tests using the candidate fuel and the refer-
ence fuel shall be conducted in accordance with the "California Exhaust
Emission Standards and Test Procedures for 1985 and Subsequent Model
Heavy-Duty Diesel-Powered Engines and Vehicles," as incorporated
by reference in Title 13, California Code of Regulations, Section
1956.8(b). The tests shall be performed using a Detroit Diesel Corpora-
tion Series-60 engine, or, if the executive officer determines that the Se-
ries-60 is no longer representative of the post-1990 model year heavy-
duty diesel engine fleet, another engine found by the executive office to
be representative of such engines. A determination by the executive offi-
cer that an engine is no longer representative shall not affect the certifica-
tion of a diesel fuel formulation based on prior tests using that engine pur-
suant to a protocol approved by the executive officer.
(B) The comparative testing shall be conducted by a party or parties
that are mutually agreed upon by the executive officer and the applicant.
The applicant shall be responsible for all costs of the comparative testing.
(C)l. The applicant shall use one of the following test sequences:
a. If both cold start and hot start exhaust emission tests are conducted,
a minimum of five exhaust emission tests shall be performed on the en-
gine with each fuel, using either of the following sequences, where "R"
is the reference fuel and "C" is the candidate fuel: RC RC RC RC RC and
(continuing in the same order), or RC CR RC CR RC (and continuing in
the same order).
The engine mapping procedures and a conditioning transient cycle
shall be conducted with the reference fuel before each cold start proce-
dure using the reference fuel. The reference cycle used for the candidate
shall be the same cycle as that used for the fuel preceding it.
b. If only hot start exhaust emission tests are conducted, one of the fol-
lowing test sequences shall be used throughout the testing, where "R" is
the reference fuel and "C" is the candidate fuel:
Alternative 1 : RC CR RC CR (continuing in the same order for a given
calendar day; a minimum of twenty individual exhaust emission tests
must be completed with each fuel)
Alternative 2: RR CC RR CC (continuing in the same order for a given
calendar day; a minimum of twenty individual exhaust emission tests
must be completed with each fuel)
Alternative 3: RRR CCC RRR CCC (continuing in the same order for
a given calendar day; a minimum of twenty-one individual exhaust emis-
sion tests must be completed with each fuel)
For all alternatives, an equal number of tests shall be conducted using
the reference fuel and the candidate fuel on any given calendar day. At
the beginning of each calendar day, the sequence of testing shall begin
with the fuel that was tested at the end of the preceding day. The engine
mapping procedures and a conditioning transient cycle shall be con-
ducted after every fuel change and/or at the beginning of each day. The
reference cycle generated from the reference fuel for the first test shall
be used for all subsequent tests. For alternatives 2 and 3, each paired or
triplicate series of individual tests shall be averaged to obtain a single val-
ue which would be used in the calculations conducted pursuant to section
(g)(5)(C).
2. The applicant shall submit a test schedule to the executive officer
at least one week prior to commencement of the tests. The test schedule
shall identify the days on which the tests will be conducted, and shall pro-
vide for conducting the test consecutively without substantial interrup-
tions other than those resulting from the normal hours of operations at the
test facility. The executive officer shall be permitted to observe any tests.
The party conducting the testing shall maintain a test log which identifies
all tests conducted, all engine mapping procedures, all physical modifi-
cations to or operational tests of the engine, all recalibrations or other
changes to the test instruments, and all interruptions between tests and
the reason for each such interruption. The party conducting the tests or
the applicant shall notify the executive officer by telephone and in writ-
ing of any unscheduled interruption resulting in a test delay of 48 hours
or more, and of the reason for such delay. Prior to restarting the test, the
applicant or person conducting the tests shall provide the executive offi-
cer with a revised schedule for the remaining tests. All tests conducted
in accordance with the test schedule, other than any tests rejected in ac-
cordance with an outlier identification and exclusion procedure included
in the approved test protocol, shall be included in the comparison of emis-
sions pursuant to subsection (g)(5).
(D) In each test of a fuel, exhaust emissions of oxides of nitrogen
(NOx) and particulate matter (PM) shall be measured. In addition, for
each test the soluble organic fraction (SOF) of the particle matter in the
exhaust emissions shall be determined in accordance with the Air Re-
sources Board's "Test Method for Soluble Organic Fraction (SOF) Ex-
traction" dated April 1989, which is incorporated herein by reference.
(5) The average emissions during testing with the candidate fuel shall
be compared to the average emissions during testing with the reference
fuel , applying one-sided Student' s t statistics as set forth in Snedecar and
Cochran, Statistical Methods (7th ed.), page 91, Iowa State University
Press, 1980, which is incorporated herein by reference. The executive of-
ficer shall issue a certification pursuant to this paragraph only if he or she
makes all of the determinations set forth in subsections (g)(5)(A) and (B)
below, after applying the criteria in subsection (g)(5)(C).
(A) The average individual emissions of NOx, PM, and SOF, respec-
tively, during testing with the candidate fuel do not exceed the average
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§2282
•
individual emissions of NOx, PM, and SOF, respectively, during testing
with the reference fuel.
(B) Use of any additive identified pursuant to subsection (g)(2)(B)6.
in heavy-duty engines will not increase emissions of noxious or toxic
substances which would not be emitted by such engines operating with-
out the additive.
(C) In order for the determinations in subsection (g)(5)(A) to be made,
for each referenced pollutant the candidate fuel shall satisfy the follow-
ing relationship:
Where:
< xR
Xc =
Xr =
5 =
sP =
t(a,2n-2) =
/2
+ d - S^
t (a, 2n - 2)
Average emissions during testing with the
candidate fuel
Average emissions during testing with the
reference fuel
tolerance level equal to 1 percent of Xr for
NOx, 2 percent of Xr for PM, and 6 percent
of XR for SOF.
Pooled standard deviation
The one-sided upper percentage point of t
distribution with a = 0.15 and 2n-2 degrees
of freedom
Number of tests of candidate and reference
fuel
(6) If the executive officer finds that a candidate fuel has been properly
tested in accordance with this subsection (g), and makes the determina-
tions specified in subsection (g)(5), then he or she shall issue an Execu-
tive Order certifying the diesel fuel formulation represented by the candi-
date fuel. The Executive order shall identify all of the characteristics of
the candidate fuel determined pursuant to subsection (g)(2). The Execu-
tive Order shall provide that the certified diesel fuel formulation has the
following specifications: (1) a sulfur content, total aromatic hydrocarbon
content, polycyclic aromatic hydrocarbon content, and nitrogen content
not exceeding that of the candidate fuel, (2) a cetane number not less than
that of the test fuel, (3) any additional fuel specification required under
subsection (g)(2)(A)3.b, and (4) presence of all additives that were con-
tained in the candidate fuel, in a concentration not less than in the test
fuel, except for an additive demonstrated by the applicant to have the sole
effect of increasing cetane number. All such characteristics shall be de-
termined in accordance with the test methods identified in subsection
(g)(2). The Executive Order shall assign an identification name to the
specific certified diesel fuel formulation.
(7) In order for a producer or importer of a final blend to comply with
subsection (a) through the sale, offer for sale or supply of a certified diesel
fuel formulation, the producer or importer shall notify the executive offi-
cer in accordance with this subsection (g)(7). The notification shall iden-
tify the final blend and the identification name of the certified diesel fuel
formulation. The notification shall be received by the executive officer
at least 12 hours before start of physical transfer of the final blend from
the production or import facility. A producer or importer intending to
have a series of its final blends be a specific certified formulation may en-
ter into a protocol with the executive officer for reporting such blends as
long as the executive officer reasonably determines the reporting under
the protocol would provide at least as much notice to the executive officer
as notification pursuant to the express terms of this subsection (g)(7).
(8) A small refiner may apply for certification of a diesel fuel formula-
tion to be sold pursuant to subsection (a)(1)(C). All of the provisions of
this subsection (g) shall apply to certification of such a diesel fuel formu-
lation, except the reference fuel in the comparative testing described in
subsection (g)(4) shall have the characteristics set forth under "Small Re-
finer Reference Fuel Specifications" in the table in subsection (g)(3).
(9) (A) If the executive officer determines that a commercially avail-
able diesel fuel blend meets all of the specifications of a certified diesel
fuel formulation set forth in an Executive Order issued pursuant to sub-
section (g)(6), but does not meet the criteria in subsection (g)(5) when
tested in accordance with subsection (g)(4), the executive officer shall
modify the certification order as is necessary to assure that diesel fuel
blends sold commercially pursuant to the certification will meet the crite-
ria set forth in subsection (g)(5). The modifications to the order may in-
clude additional specifications or conditions, or a producer of the com-
mercially available diesel fuel blend found not to meet the criteria.
(B) The executive officer shall not modify a prior certification order
without the consent of the applicant and of the producer of the commer-
cially available diesel fuel blend found not to meet the criteria, unless the
applicant and producer are first afforded an opportunity for a hearing in
accordance with Title 1 7, California Code of Regulations, Part III, Chap-
ter 1, Subchapter 1, Article 4 (commencing with Section 60040). If the
executive officer determines that a producer would be unable to comply
with this regulation as a direct result of an order modification pursuant
to this subsection, the executive officer may delay the effective date of
such modification for such period of time as is necessary to permit the
producer to come into compliance in the exercise of all reasonable dili-
gence.
(10) Any diesel fuel formulation certified in accordance with this sub-
section (g) as it existed before the amendments effective 12/26/91 shall
no longer be considered certified after 12/26/91 unless the executive offi-
cer determines that the test data submitted with the application demon-
strates that the diesel fuel formulation satisfies the criteria for certifica-
tion in subsection (g) as amended effective 12/26/91.
(h) Designated Equivalent Limits.
(1 ) Designated equivalent limits. The designated equivalent limits un-
der this section 2282 are set forth in the following table. Compliance with
the limits for the properties shall be determined by the specified ASTM
methods, which are incorporated herein by reference.
Property
Equivalent Limit
Test Method
Aromatic Hydrocarbon
£21.0
ASTM D5 186-96
Conteni (% by wt.)
PAH Content (% by wt.)
<3.5
ASTM D5 186-96
API Gravity
>36.9
ASTM D287-82
Cetane Number
>53
ASTM D613-84
Nitrogen Content (ppmw)
S500
ASTM D4629-96
Sulfur Content (ppmw)
< 160 before 6/1/06
ASTM D2262-94 before 6/1/06
s 15 starting 6/1/06
ASTM D5453-93 starting 6/1/06
(2) Notification requirements. In order for a producer or importer of
a final blend to comply with subsection (a) through the sale, offer for sale
or supply of diesel fuel subject to all of the designated equivalent limits
in subsection (h)(1), the producer or importer shall notify the executive
officer in accordance with this subsection (h)(2). The notification shall
identify the final blend subject to the designated equivalent limits and
must be received by the executive officer at least 1 2 hours before start of
physical transfer of the final blend from the production or import facility.
A producer or importer intending to have a series of its final blends be
subject to the designated equivalent limits may enter into a protocol with
the executive officer for reporting such blends as long as the executive
officer reasonably determines the reporting under the protocol would
provide at least as much notice to the executive officer as notification
pursuant to the express terms of this subsection (h)(2).
(i) Variances.
(1) Any person who cannot comply with the requirements set forth in
subsection (a)(1) because of reasons beyond the person's reasonable
control may apply to the executive officer for a variance. The application
shall set forth:
(A) the specific grounds upon which the variance is sought;
(B) the proposed date(s) by which compliance with the provisions of
subsection (a)(1) will be achieved; and
(C) a plan reasonably detailing the method by which compliance will
be achieved.
(2) Upon receipt of an application for a variance containing the infor-
mation required in subsection (i)(l), the executive officer shall hold a
hearing to determine whether, or under what conditions and to what ex-
tent, a variance from the requirements in subsection (a)(1) is necessary
and will be permitted. Notice of the time and place of the hearing shall
be sent to the applicant by certified mail not less than 20 days prior to the
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hearing. Notice of the hearing shall also be submitted for publication in
the California Regulatory Notice Register and sent to every person who
requests such notice, not less than 20 days prior to the hearing.
(3) At least 20 days prior to the hearing, the application for the variance
shall be made available to the public for inspection. Interested members
of the public shall be allowed a reasonable opportunity to testify the hear-
ing and their testimony shall be considered.
(4) No variance shall be granted unless all of the following findings are
made:
(A) that, because of reasons beyond the reasonable control of the
applicant, requiring compliance with subsection (a)(1) would result in an
extraordinary economic hardship;
(B) that the public interest in mitigating the extraordinary hardship to
the applicant by issuing the variance outweighs the public interest in
avoiding any increased emissions of air contaminants which would result
from issuing the variance.
(C) that the compliance plan proposed by the applicant can reasonably
be implemented and will achieve compliance as expeditiously as possi-
ble.
(5) Any variance order shall specify a final compliance date by which
the requirements in subsection (a)(1) will be achieved. Any variance or-
der shall also contain a condition that specified increments of progress
necessary to assure timely compliance be achieved, and such other con-
ditions, including limitations on the aromatic hydrocarbon content of
diesel fuel produced for use in motor vehicles, that the executive officer,
as a result of the testimony received at the hearing, finds necessary to
carry out the purposes of Division 26 of the Health and Safety Code.
(6) The executive officer may require, as a condition of granting a vari-
ance, that a cash bond, or a bond executed by two or more good and suffi-
cient sureties or by a corporate surety, be posted by the party to whom the
variance was granted to assure performance of any construction, alter-
ation, repair, or other work required by the terms of conditions of the vari-
ance.
Such bond may provide that, if the party granted the variance fails to
perform such work by the agreed date, the cash bond shall be forfeited
to the state board, or the corporate surety or sureties shall have the option
of promptly remedying the variance default or paying to the state board
an amount, up to the amount specified in the bond, that is necessary to
accomplish the work specified as a condition of the variance.
(7) [Reserved]
(8) No variance which is issued due to conditions of breakdown, re-
pair, or malfunction of equipment shall have a duration, including exten-
sions, of more than six months.
(9) The executive officer may, after holding a hearing without comply-
ing with the provisions of subsections (i)(2) and (i)(3), issue an emergen-
cy variance to a person from the requirements of subsections (a)(1) upon
a showing of reasonably unforeseeable extraordinary hardship and good
cause that a variance is necessary. In connection with the issuance of an
emergency variance, the executive officer may waive the requirements
of subsection (i)(6). No emergency variance may extend for a period of
more than 45 days. If the applicant for an emergency variance does not
demonstrate that he or she can comply with the provisions of subsection
(a)(1) within such 45-day period, an emergency variance shall not be
granted unless the applicant makes a prima facie demonstration that the
findings set forth in subsection (i)(4) should be made. The executive offi-
cer shall maintain a list of persons who have informed the executive offi-
cer in writing of their desire to be notified by telephone in advance of any
hearing held pursuant to this subsection (i)(9), and shall provide advance
telephone notice to any such person.
(10) A variance shall cease to be effective upon failure of the party to
whom the variance was granted substantially to comply with any condi-
tion.
(11) Upon the application of any person, the executive officer may re-
view and for good cause modify or revoke a variance from the require-
ments of subsection (a)(1) after holding a hearing in accordance with the
provisions of subsections (i)(2) and (i)(3).
(j) Whenever this section provides for the use of a specified test meth-
od, another test method may be used following a determination by the ex-
ecutive officer that the other method produces results equivalent to the
results with the specified method.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018 and 43 101, Health
and Safety Code: and Western Oil and Gas Ass' n. v. Orange County Air Pollution
Control District, 14 Cal. 3d 41 1, 121 Cal. Rptr. 249 (1975). Reference: Sections
39000, 39001. 39002, 39003, 39010, 39500, 39515, 39516. 4151 1. 43000, 43013,
4301 6, 4301 8 and 431 01 , Health and Safety Code; and Western Oil and Gas Ass 'n.
v. Orange Count)' Air Pollution Control District, 14 Cal. 3d 411, 121 Cal. Rptr.
249(1975).
History
1. Change without regulatory effect renumbering former section 2256 to section
2282 filed 9- 1 7-91 pursuant to section 1 00, title 1 , California Code of Regula-
tions (Register 92, No. 4).
2. Amendment of subsections (a)(4), (c)(2), (g)( 1 )-(6), and ( j)( l)-(2) and adoption
of subsections (g)(5)(D) and (g)(10) filed 11-25-91 ; operative 12-26-91 (Reg-
ister 92, No. 13).
3. New subsections (/)-(/)(3) filed 10-21-93 as an emergency; operative
10-21-93 (Register 93, No. 43). A Certificate of Compliance must be trans-
mitted to OAL by 2-18-94 or emergency language will be repealed by opera-
tion of law on the following day.
4. Repeal of subsections (/)(l)-(/)(3) by operation of Government Code section
11 346. 1(f) (Register 94, No. 18).
5. Amendment of subsection (e)(1) filed 9-29-94; operative 9-29-94 (Register
94, No. 39).
6. Amendment filed 7-24-95; operative 7-24-95 pursuant to Government Code
section 1 1 343.4(d) (Register 95, No. 30).
7. Editorial correction of subsection (g)(4)(C)(i)2. (Register 95, No. 43).
8. New subsection (b)(0.5), amendment of subsections (b)(14) and (c)(1), repealer
of subsection (c)(2), amendment of subsections (g)(2)(A)-(D) and (g)(3) filed
7-25-97; operative 8-24-97 (Register 97, No. 30).
9. Amendment of subsections (b)(19)(A)-(B) and new subsections
(e)(5)-(e)(5)(C) filed 8-20-2001; operative 8-20-2001 pursuant to Govern-
ment Code section 1 1 343.4 (Register 2001 , No. 34).
10. Amendment filed 7-15-2004; operative 8-14-2004 (Register 2004, No. 29).
11. New subsection (a)(2)(A) designator, new subsection (a)(2)(B) and amend-
ment of NOTE filed 7-5-2005; operative 8-4-2005 (Register 2005, No. 27).
§ 2283. Exemptions for Diesel Fuel Used in Test Programs.
The executive officer shall consider and grant test program exemp-
tions from the requirements of this Article in accordance with section
2259.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101, Health
and Safety Code; and Western Oil and Gas Ass' n. v. Orange County Air Pollution
Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections
39000, 39001, 39002, 39003, 39500, 39515, 39516, 39606, 41511, 43000, 43016,
43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v.
Orange County Air Pollution Control District, 14Cal.3d41], 121 Cal. Rptr. 249
(1975).
History
1 . New section filed 2-15-95; operative 2-15-95 pursuant to Government Code
section 1 1343.4(d) (Register 95, No. 7).
§ 2284. Lubricity of Diesel Fuel.
(a) Regulatory Standard.
(1) Standard starting in 2005
(A) Basic standard. Starting in January 1 , 2005 in accordance with the
phase-in schedule in section (a)(2), no person shall sell, offer for sale,
supply, or offer for supply any vehicular diesel fuel unless at the time of
the transaction the diesel fuel meets a minimum lubricity level of a maxi-
mum wear scar diameter of 520 microns based on American Society for
Testing and Materials (ASTM) test method D6079-02, Standard Test
Method for Evaluating Lubricity of Diesel Fuels by the High Frequency
Reciprocating Rig (HFRR), which is incorporated herein by reference.
(B) Sunset. The standard in section 2284(a)(1)(A) does not apply at
any time that California diesel fuel must meet a minimum lubricity level
of a maximum wear scar diameter of 520 microns based on ASTM test
method D6079, Standard Test Method for Evaluating Lubricity of Diesel
Fuels by the High Frequency Reciprocating Rig (HFRR), pursuant to
section 4143, title 4, California Code of Regulations.
(2) 2005 phase-in schedule. The lubricity standard in section (a)(1)
shall apply:
•
Page 276.6(b)
Register 2006, No. 7; 2-17-2006
Title 13
Air Resources Board
§2285
(A) Starting January 1 , 2005 to all sales, supplies, or offers of vehicu-
lar diesel fuel from the production facility or import facility at which it
was produced or imported.
(B) Starting February 15,2005 to all sales, supplies, or offers of vehic-
ular diesel fuel except for transactions directly involving:
1 . The fueling of motor vehicles at a retail outlet or bulk purchaser-
consumer facility, or
2. The delivery of vehicular diesel fuel from a bulk plant to a retail out-
let or purchaser-consumer facility.
(C) Starting April 1 , 2005 to all sales, supplies, offers or movements
of vehicular diesel, including transactions directly involving the fueling
of motor vehicles at a retail outlet or bulk purchase-consumer facility.
(3) Standard starting in 2006. [Reserved]
(4) 2006 phase-in schedule. [Reserved]
(5) Exception for upstream activities. Subsection (a)(1) shall not apply
to transactions where the person selling, supplying, or offering the motor
vehicle diesel fuel demonstrates that: (i) the diesel fuel has not yet been
sold, offered, or supplied from the final distribution facility, (ii) the diesel
fuel is identified as fuel to which a lubricity additive must be added before
the diesel fuel is supplied from the final distribution facility; and either
(iii) the person has taken reasonably prudent precautions to assure that
he or she will bring the diesel fuel into satisfaction with the requirements
of subsection (a)(1) before it is sold, supplied or offered from the final
distribution facility, or (iv) at or before the time of the transaction the per-
son has obtained a written statement from the purchaser, recipient, or of-
feree of the diesel fuel stating that he or she will take reasonably prudent
precautions to assure that the diesel fuel will be brought into compliance
with the requirements of subsection (a)(1) before it is sold, supplied or
offered from the final distribution facility.
(6) Correction of diesel fuel downstream of the final distribution facil-
ity. Subsection (a)(1) shall not apply to the sale, supply, or offer of vehic-
ular diesel fuel from a final distribution facility where the person selling,
supplying, or offering the diesel fuel demonstrates that the diesel fuel will
be corrected to comply with subsection (a)(1) as applicable prior to the
sale of diesel fuel from the retail outlet. If such corrective action is taken,
the producer, importer, or distributor of the diesel fuel must notify the En-
forcement Division of the Air Resources Board by telephone or in writing
within 2 business days of the correction. The person must also maintain
records to document each occurrence for at least one year, and make the
records available to the Executive Officer or his/her designee within 20
days of a written request. This subsection (a)(6) exception does not apply
to vehicular diesel fuel found by an enforcement inspector to be in non-
compliance, unless the person selling, supplying, or offering the diesel
fuel affirmatively demonstrates that he or she would have corrected the
diesel fuel independent of the inspection.
(7) Applicability of standards to California nonvehicular diesel fuel.
(A) Activities involving California nonvehicular diesel fuel (other
than diesel fuel offered, sold or supplied solely for use in locomotives or
marine vessels) are also subject to this section to the extent required by
section 931 14, title 17, California Code of Regulations. As adopted, sec-
tion 931 14 requires each air pollution control or air quality management
district by December 12, 2004 to treat this section 2284 as applying to
California nonvehicular diesel fuel (other than diesel fuel offered, sold
or supplied solely for use in locomotives or marine vessels) as if it were
vehicular diesel fuel, and to enforce those requirements regarding
California nonvehicular diesel fuel, unless the district has proposed its
own airborne toxic control measure to reduce particulate emissions from
diesel-fueled engines through standards for nonvehicular diesel fuel.
(B) Activities involving California nonvehicular diesel fuel used in
harborcraft and most diesel-electric intrastate locomotives are also sub-
ject to this section 2284 as if the fuel were vehicular diesel fuel, to the ex-
tent required by section 2299, title 13, California Code of Regulations,
and section 931 17, title 17, California Code of Regulations. As adopted,
these regulations make nonvehicular diesel fuel used in most harborcraft
in the South Coast Air Quality Management District subject to the re-
quirements of this section 2284 starting January 1 , 2006, and make all
California nonvehicular diesel fuel used in most harborcraft and diesel-
electric intrastate locomotives subject to this section 2284 starting Janu-
ary 1, 2007.
(b) Definitions. For the purposes of this section:
(1) "Bulk purchaser-consumer" means a person that purchases or
otherwise obtains diesel fuel in bulk and then dispenses it into the fuel
tanks of motor vehicles owned or operated by the person.
(2) '"Bulk plant" means an intermediate diesel fuel distribution facility
where delivery of diesel fuel to and from the facility is solely by truck.
(3) "California nonvehicular diesel fuel" means any diesel fuel that is
not vehicular diesel fuel and that is sold or made available for use in en-
gines in California.
(4) "Diesel fuel" means any fuel that is commonly or commercially
known, sold or represented as diesel fuel, including any mixture of pri-
marily liquid hydrocarbons that is sold or represented as suitable for use
in an internal combustion, compression-ignition engine.
(5) "Executive Officer" means the executive officer of the Air Re-
sources Board, or his or her designee.
(6) "Marine vessel" has the meaning set forth in section 39037.1 of the
Health and Safely Code.
(7) "Motor vehicle" has the same meaning as defined in section 415
of the Vehicle Code.
(8) "Produce" means to convert liquid compounds which are not diesel
fuel into diesel fuel.
(9) "Producer" means any person who produces vehicular diesel fuel
in California.
(10) "Refiner" means any person who owns, leases, operates, controls
or supervises a refinery.
(11) "Refinery" means a facility that produces liquid fuels by distilling
petroleum.
(12) "Supply" means to provide or transfer a product to a physically
separate facility, vehicle, or transportation system.
(13) "Vehicular diesel fuel" means any diesel fuel (A) which is not
conspicuously identified as a fuel which may not lawfully be dispensed
into motor vehicle fuel tanks in California; or (B) which the person sel-
ling, offering for sale, or supplying the diesel fuel knows will be dis-
pensed into motor vehicle fuel tanks in California; or (C) which the per-
son selling, offering for sale, or supplying the diesel fuel in the exercise
of reasonable prudence should know will be dispensed into motor vehicle
fuel tanks in California, and that is not the subject of a declaration under
penalty of perjury by the purchaser, offeree or recipient stating that s/he
will not sell, offer for sale, or transfer the fuel for dispensing, or dispense
the fuel, into motor vehicle fuel tanks in California.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101, Health
and Safety Code; and Western Oil and Gas Ass' n. v. Orange County Air Pollution
Control District, 14 Cal. 3d 41 1, 121 Cal. Rptr. 249 (1975). Reference: Sections
39000, 39001, 39002, 39003, 39500, 39515, 39516, 41511, 43000, 43016, 43018
and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange
County Air Pollution Control District, 14 Cal. 3d 41 1, 121 Cal. Rptr. 249 (1975).
History
1. New section filed 7-15-2004; operative 8-14-2004 (Register 2004, No. 29).
2. Amendment of subsections (a)(1)(A) and (a)(2)(A)-(C) and new subsection
(a)(2.5) filed 12-16-2004 as an emergency; operative 1-1-2005 (Register
2004, No. 51). A Certificate of Compliance must be transmitted to OAL by
5-2-2005 or emergency language will be repealed by operation of law on the
following day.
3. New subsection (a)(7)(A) designator and new subsection (a)(7)(B) filed
7-5-2005; operative 8-4-2005 (Register 2005, No. 27).
4. Reinstatement of section as it existed prior to 12-16-2004 emergency amend-
ment by operation of Government Code section 1 1346. 1 (f) (Register 2006, No.
7). The repealed emergency language affecting subsections (a)(1) and
(a)(2)(A)-(C) delayed starting dates for the lubricity standard of subsection
(a)(1) for some vehicular diesel fuels until May 1, 2005.
§ 2285. Exemption from Diesel Fuel Requirements for
Military-Specification Fuels Used in Qualifying
Military Vehicles.
(a) Exemption for military-specification fuel used in qualifying mili-
tary vehicles. The vehicular diesel fuel standards in sections 2281, 2282,
and 2284 do not apply to military specification fuel that is sold, offered
Page 276.6(c)
Register 2006, No. 7; 2-17-2006
§2290
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
for sale, supplied, offered for supply, stored, dispensed, or transported for
use in:
(1) Vehicles for which the U.S. Environmental Protection Agency has
granted a national security exemption under 40 CFR § 85. 1 708 from mo-
tor vehicle emissions standards under 40 CFR Part 86, or which are ex-
empted from regulation under 40 CFR § 85. 1703(a)(3) because of fea-
tures ordinarily associated with military combat or tactical vehicles such
as armor and/or weaponry, or military tactical vehicles that are exempt
from the California motor vehicle emission standards pursuant to section
1905, title 13, California Code of Regulations; or
(2) Tactical military motor vehicles that are not subject to a national
security exemption from motor vehicle emission standards but for na-
tional security purposes (for purposes of readiness for deployment over-
seas) need to be fueled with the same fuel as motor vehicles for which
EPA has granted a national security exemption, provided that such fuel
is:
(A) Used only in vehicles identified in section (a)(1) or this section
(a)(2);
(B) Segregated from non-exempt vehicle diesel fuel at all points in the
distribution system; and
(C) Dispensed from a fuel pump stand or tank that is prominently la-
beled as containing fuel that is not lawful for use in diesel vehicles other
than excluded military vehicles, or from a fueling truck. Any such fuel
pump stand or tank may also be labeled with the appropriate designation
of the fuel, such as "JP-8."
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101, Health
and Safety Code; and Western Oil and Gas Ass' n. v. Orange Countx Air Pollution
Control District, 14 Cal. 3d 41 1, 121 Cal. Rptr. 249 (1975). Reference: Sections
39000, 39001,39002,39003, 39500. 39515, 39516, 4151 1,43000, 43016, 4301 8
and 43101, Health and Safety Code; and Western Oil and Gas Ass' n. v. Orange
County Air Pollution Control District, 14Cal. 3d 41 1, 121 Cal. Rptr. 249 (1975).
History
1 . New section filed 7-15-2004; operative 8-14-2004 (Register 2004, No. 29).
Article 3. Specifications for Alternative
Motor Vehicle Fuels
§ 2290. Definitions.
(a) For the purposes of this article, the following definitions apply:
(1) "Alternative fuel" means any fuel which is commonly or commer-
cially known or sold as one of the following: M-100 fuel methanol,
M-85 fuel methanol, E-100 fuel ethanol, E-85 fuel ethanol, compressed
natural gas, liquefied petroleum gas, or hydrogen.
(2) "ASTM" means the American Society for Testing Materials.
(3) "Motor vehicle" has the same meaning as defined in section 415
of the Vehicle Code.
(4) "Supply" means to provide or transfer a product to a physically
separate facility, vehicle, or transportation system.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018, and 43101, Health
and Safety Code; and Western Oil and Gas Ass'n. v. Orange Countv Air Pollution
Control District, 14 Cal. 3d 41 1, 121 Cal. Rptr. 249 (1975). Reference: Sections
39000, 39001, 39002, 39003, 39010, 39500, 40000, 43000, 43016, 43018 and
43 101, Health and Safety Code: and Western OilandGas Ass'n. v. Orange Count)'
Air Pollution Control District, 1 4 Cal. 3d 41 1 , 1 21 Cal. Rptr. 249 (1975).
History
1. New article 3 heading and section filed 12-9-92; operative 1-1-93 (Register
92, No. 50). For prior history, see Register 92, No. 4.
§2291. Basic Prohibitions.
(a) Starting January I, 1993, no person shall sell, offer for sale or sup-
ply an alternative fuel intended for use in motor vehicles in California un-
less it conforms with the applicable specifications set forth in this article
3.
(b) An alternative fuel shall be deemed to be intended for use in motor
vehicles in California if it is:
(1) stored at a facility which is equipped and used to dispense that type
of alternative fuel to motor vehicles, or
[The next page is 276.7.]
Page 276.6(d)
Register 2006, No. 7; 2-17-2006
Title 13
Air Resources Board
§ 2292.2
(2) delivered or intended for delivery to a facility which is equipped
and used to dispense that type of alternative fuel to motor vehicles, or
(3) sold, offered for sale or supplied to a person engaged in the distri-
bution of motor vehicle fuels to motor vehicle fueling facilities, unless
the person selling, offering or supplying the fuel demonstrates that he or
she has taken reasonably prudent precautions to assure that the fuel will
not be used as a motor vehicle fuel in California.
(c) For the purposes of this section, each retail sale of alternative fuel
for use in a motor vehicle, and each supply of alternative fuel into a motor
vehicle fuel tank, shall also be deemed a sale or supply by any person who
previously sold or supplied such alternative fuel in violation of this sec-
tion.
NOTE: Authority cited: Sections 39600, 39601, 43013, 4301 8, and 43101 . Health
and Safety Code; and Western Oil and Gas Ass' n. v. Orange County Air Pollution
Control District, 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections
39000, 39001, 39002, 39003, 39010, 39500, 40000, 43000. 43016, 43018 and
431 01, Health and Safety Code: and Western Oil and Gas Ass' n. v. Orange County
Air Pollution Control District, 14 Cal. 3d 41 1, 121 Cal. Rptr. 249 (1975).
HrSTORY
1. New section filed 12-9-92; operative 1-1-93 (Register 92, No. 50).
§ 2292.1. Fuels Specifications for M100 Fuel Methanol.
The following standards apply to M-100 fuel methanol
(The identified test methods are incorporated herein by reference):
Specifications for M-100 Fuel Methanol
Specification
Methanol
Distillation
Value
96 vol. % (min.)
4.0°C (range)
Other alcohols and ethers 2 mass % (max.)
Hydrocarbons, gasoline
or diesel fuel derived 2 mass % (max.)
Specific gravity
Acidity as acetic acid
Total chlorine as chloride
Lead
Phosphorus
Sulphur
Gum, heptane washed
Total particulates
Water
Appearance
Bitterant
Odorant
Test Method
As determined by the
distillation range below
ASTM D 1078-86. At 95%
by volume distilled. Must
include 64.6 + 0.1°C
ASTM D 4815-89
ASTM D 4815-89, and then
subtract concentration of
alcohols, ethers and water
from 1 00 to obtain percent
hydrocarbons
ASTM D 891-89
0.792 + 0.002
@20°C
0.01 mass % (max.) ASTM D 1613-85
0.0002 mass %
(max.)
2 mg/1 (max.)3
0.2 mg/1 (max.)b
0.002 mass %
(max.)
5 mg/1 (max.)
5 mg/1 (max.)
0.3 mass % (max.)
Free of turbidity,
suspended matter
and sediment
ASTM D 2988-86
ASTM D 3229-88
ASTM D 3231-89
ASTM D 2622-87
ASTM D 381-86
ASTM D 2276-89, modified
to replace cellulose acetate
filter with a 0.8 micron
pore size membrane filter
ASTM E 203-75
Visually determined at
25°C by proc. A of
ASTM D 4176-86
a No added lead.
bNo added phosphorous.
cThe M-100 fuel methanol at ambient conditions must have a distinctive and
noxious taste, for purposes of preventing purposeful or inadvertent human con-
sumption. Applicable 1/1/95.
dThe M-100 fuel methanol upon vaporization at ambient conditions must have
a distinctive odor potent enough for its presence to be detected down to a concen-
tration in air of not over 1/5 (one-fifth) of the lower limit of flammability . Applica-
ble 1/1/95.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018, and 43101, Health
and Safety Code; and Western Oil and Gas Ass 'n. v. Orange County Air Pollution
Control District, 14 Cal 3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections
39000, 39001, 39002, 39003, 39010, 39500, 40000, 43000, 43016, 43018 and
43101, Health and Safety Code: and Western Oil and Gas Ass 'n. v. Orange County
Air Pollution Control District, 14 Cal. 3d 41 1, 121 Cal. Rptr. 249 (1975).
History
1. New section filed 12-9-92; operative 1-1-93 (Register 92, No. 50).
2. New footnote (e) filed 8-4-95; operative 8^1-95 pursuant to Government Code
section 1 1343.4(d) (Register 95, No. 31).
3. Amendment of section heading and incorporated test methods filed 9-23-96;
operative 10-23-96 (Register 96, No. 39).
§ 2292.2. Specifications for M-85 Fuel Methanol.
The following standards apply to M-85 fuel methanol
(The identified test methods are incorporated herein by reference):
Specifications for M-85 Fuel Methanol
Specification
Methanol plus higher
alcohols
Higher alcohols (C2-C8)
Hydrocarbons +
aliphatic ethers'1
Vapor pressure, dryb
Value
84 vol. % (min.)
2 vol. % (max.)
13-16 vol. %
Test Method
Annex Al to the
ASTM-D-2 Proposal
P-232, Draft 8-9-91
ASTM D 4815-89
ASTM D 48 15-89, and
then subtract concentration of
alcohols, ethers and water
from 100 to obtain percent
hydrocarbons
Methods contained in Title
13, Section 2262 are pre-
ferred. ASTM D 4953-90 is
an alternative method, how-
ever, in case of dispute
about the vapor pressure,
the value determined by the
methods contained in Title
13, Section 2262 shall pre-
vail over the value
calculated by ASTM D
4953-90, including its pre-
cision statement
Luminosity
Shall produce a luminous
flame, which is visible un-
der maximum daylight con-
ditions, throughout the en-
tire burn duration
Acidity as acetic acid
0.005 mass %
(max.)
ASTMD 1613-85
Total chlorine
0.0002 mass %
ASTM D 3120-87
as chloride
(max.)
modified for the det. of
organic chlorides, and
ASTM D 2988-86
Lead
2 mg/1 (max.)c
ASTM D 3229-88
Phosphorous
0.2 mg/1 (max.)d
ASTMD 3231-89
Sulfur
0.004 mass %
(max.)
ASTM D 2622-87
Gum, heptane washed
5 mg/1 00 ml (max.
) ASTMD 381-86
Specification
Value
Test Method
Total particulates
0.6 mg/1 (max.)
ASTM D 2276-89,
Water
Appearance
0.5 mass % (max.)
Free of turbidity,
suspended matter
and sediment
modified to replace cellu-
lose acetate filter with a 0.8
micron pore size membrane
filter
ASTM E 203-75
Visually determined
at 25°C by Proc. A of
ASTMD 4176-86
^Hydrocarbon fraction shall have a final maximum boiling point of 225 degrees
C by ASTM method D 86-90, oxidation stability of 240 minutes by ASTM test
method D 525-88 and No. 1 maximum copper strip corrosion by ASTM method
D 130-88. Ethers must be aliphatic. No manganese added. Adjustment of RVP
must be performed using common blending components from the gasoline stream.
Starting on 4/1/96, the hydrocarbon fraction must also meet specifications for ben-
zene, olefin content, aromatic hydrocarbon content, maximum T90 and maximum
T50 found in California Code of Regulations, Title 13 sections 2262.3, 2262.4,
2262.7 and 2262.6 (T90 & T50), respectively.
bRVP range of 7.0 to 9.0 psi for those geographical areas and times indicated
for A, A/B, B/A and B volatility class fuels in Table 2 of ASTM D 4814-91 b. RVP
range of 9.0 to 13.1 psi for those geographical areas and times indicated for B/C,
C/B, C, C/D and D/C volatility fuels. RVP range of 1 0.9 to 1 3. 1 psi for those geo-
graphical areas and times indicated for D, D/E, E/D and E volatility fuels. Geo-
graphical areas referenced in this note shall be adjusted to reflect the air basin
boundaries set forth in Title 17, California Code of Regulations, sections 60100
through 60113.
cNo added lead.
Page 276.7
Register 2001, No. 34; 8-24-2001
§ 2292.3
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
dNo added phosphorus.
NOTE: Authority cited: Sections 39600. 39601 , 43013, 4301 8, and 43101, Health
and Safety Code; and Western Oil and Gas Ass 'n. v. Orange Counts' Air Pollution
Control District, 14 Cal. 3d 41 1, 121 Cal. Rptr. 249 (1975). Reference: Sections
39000, 39001, 39002, 39003, 39010, 39500, 40000, 43000, 43016, 43018 and
43 1 01, Health and Safety Code: and Western Oil and Gas Ass'n. v. Orange Counn'
Air Pollution Control District, 14 Cal. 3d 411 , 121 Cal. Rptr. 249 (1975).
History
1. New section filed 12-9-92; operative 1-1-93 (Register 92, No. 50).
§ 2292.3. Specifications for E-100 Fuel Ethanol.
The following standards apply to E-100 fuel ethanol
(The identification test methods are incorporated herein by reference):
Specifications for E-100 Fuel Ethanol
Specification
Vapor pressure, dryc
Value
Specification
Ethanol
Other alcohols and ethers
Hydrocarbons, gasoline
or diesel fuel derived
Acidity as acetic acid
Total chlorine as chloride
Copper
Lead
Phosphorus
Sulfur
Gum, heptane washed
Total particulates
Water
Appearance
Value
92 vol. %(min.)
2 mass % (max.)
5 mass % (max.)
0.007 mass %
(max.)
0.0004 mass %
(max.)
0.07 mg/1 (max.)
2 mg/1 (max.)b
0.2 mg/1 (max.)c
0.002 mass %
(max.)
5 mg/1 (max.)
5 mg/1 (max.)
Test Method
ASTM D 3545-90a
ASTMD 4815-89
ASTM D 4815-89, and then
subtract concentration of
alcohols, ethers and water
from 100 to obtain percent
hydrocarbons
ASTMD 1613-85
ASTMD 3120-87
modified for the determina-
tion of organic chlorides,
and ASTM D 2988-86
ASTM D 1688-90 as modi-
fied in ASTM D 4806-88
ASTM D 3229-88
ASTMD 3231-89
ASTM D 2622-87
ASTM D 381-86
ASTM D 2276-89, modified
to replace cellulose acetate
filter with a 0.8 micron pore
size membrane filter
1 .25 mass % (max.) ASTM E 203-75
Free of turbidity,
suspended matter
and sediment
Visually determined
at 25°C by Proc. A of
ASTMD 4176-86
aThe denaturant must meet the ASTM D 4806-88 specification for denatured
fuel ethanol, except the denaturant cannot be rubber hydrocarbon solvent. The fi-
nal blend specifications for E-100 take precedence over the ASTM D 4806-88
specifications.
bNo added lead.
cNo added phosphorus.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101, Health
and Safety Code; and Western Oil and Gas Ass 'n. v. Orange County Air Pollution
Control District, 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections
39000, 39001, 39002, 39003, 39010, 39500, 40000, 43000, 43016, 43018 and
43101, Health and Safety Code: and Western Oil and Gas Ass 'n. v. Orange County
Air Pollution Control District, 14 Cal. 3d 41 1, 121 Cal. Rptr. 249 (1975).
History
1. New section filed 12-9-92; operative 1-1-93 (Register 92, No. 50).
§ 2292.4. Specifications for E-85 Fuel Ethanol.
The following standards apply to E-85 fuel ethanol
(The identified test methods are incorporated herein by reference):
Specifications for E-85 Fuel Ethanol
Specification
Ethanol
Other alcohols
Hydrocarbons +
aliphatic ethersb
Value
79 vol. % (min.)
2 vol. % (max.)
15-21 vol. %
Test Method
ASTM D 3545-903
ASTMD 4815-89
ASTMD 4815-89, and then
subtract concentration of
alcohols, ethers and water
from 100 to obtain percent
hydrocarbons. The denatu-
rant is included in this per-
centage.
Test Method
Methods contained in Title
13, Section 2262 must be
used. ASTM D 4953-90 is
an alternative method, how-
ever, in case of dispute
about the vapor pressure,
the value determined by the
methods contained in Title
13, Section 2262 shall pre-
vail over the value calcu-
lated by ASTM D 4953-90,
including its precision
statement
Acidity as acetic acid
0.007 mass %
(max.)
ASTMD 1613-85
Total chlorine
as chloride
0.0004 mass %
(max.)
ASTM D 3120-87 modified
for the det. of organic chlo-
rides, and ASTM D
2988-86
Copper
0.07 mg/1 (max.)
ASTM D 1688-90 as modi-
fied in ASTM D 4806-88
Lead
2 mg/1 (max.)d
ASTM D 3229-88
Phosphorus
0.2 mg/1 (max.)e
ASTM D 3231-89
Sulfur
0.004 mass %
(max.)
ASTM D 2622-87
Specification
Value
Test Method
Gum, heptane
washed
5 mg/1 00 ml (max.)
ASTM D 381-86
Total particulates
5 mg/1 (max.)
ASTM D 2276-89, modified
to replace cellulose acetate
filter with a 0.8 micron pore
size membrane filter
Water
1.25 mass % (max.)
ASTM E 203-75
Appearance
Free of turbidity,
suspended matter
and sediment
Visually determined
at 25°C by Proc. A of
ASTMD 4176-86
aThe denaturant must meet the ASTM D 4806-88 specification for denatured
fuel ethanol, except the denaturant cannot be rubber hydrocarbon solvent. The fi-
nal blend specifications for E-85 take precedence over the ASTM D 4806-88
specifications.
bHydrocarbon fraction shall have a final maximum boiling point of 225 degrees
C by ASTM method D 86-90, oxidation stability of 240 minutes by ASTM test
method D 525-88 and No. 1 maximum copper strip corrosion by ASTM method
D 130-88. Ethers must be aliphatic. No manganese added. Adjustment of RVP
must be performed using common blending components from the gasoline stream.
Starting 4/1/96, the hydrocarbon fraction must also meet specification for ben-
zene, olefin content, aromatic hydrocarbon content, maximum T90 and maximum
T50 found in California Code of Regulations, Title 13 sections 2262.3, 2262.4,
2262.7 and 2262.6 (T90 & T50), respectively.
CRVP range of 6.5 to 8.7 for those geographical areas and times indicated for
A, A/B, B/A and B volatility class fuels in Table 2 of ASTM D 4814-91b. RVP
range of 7.3 to 9.4 for those geographical areas and times indicated for B/C, C/B,
C, C/D and D/C volatility fuels. RVP range of 8.7 to 10.2 for those geographical
areas and times indicated for D, D/E, E/D and E volatility fuels. Geographical
areas referenced in this note shall be adjusted to reflect the air basin boundaries set
forth in Title 17, California Code of Regulations, section 60100 through 601 13.
dNo added lead.
eNo added phosphorus.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101, Health
and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution
Control District, 14 Cal. 3d 41 1, 121 Cal. Rptr. 249 (1975). Reference: Sections
39000, 39001, 39002, 39003, 39010, 39500, 40000, 43000, 43016, 43018 and
43101, Health and Safety Code: and Western Oil and Gas Ass'n. v. Orange County
Air Pollution Control District, 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975).
History
1. New section filed 12-9-92; operative 1-1-93 (Register 92, No. 50).
§ 2292.5. Specifications for Compressed Natural Gas.
The following standards apply to compressed natural gas
(The identified test methods are incorporated herein by reference):
Specifications for Compressed Natural Gas
Specification Value Test Method
Hydrocarbons (expressed as mole percent)
Methane 88.0% (min.) ASTMD 1945-81
Ethane 6.0% (max.) ASTM D 1945-81
C3 and higher HC 3.0% (max.) ASTM D 1945-81
C6 and higher HC 0.2% (max.) ASTM D 1945-81
Other Species (expressed as mole percent unless otherwise indicated)
Page 276.8
Register 2001, No. 34; 8-24-2001
Title 13
Air Resources Board
§ 2293.5
Specification
Hydrogen
Value
0.1% (max.)
Test Method
ASTM D 2650-88
Carbon monoxide
0.1% (max.)
ASTM D 2650-88
Oxygen
1 .0% (max.)
ASTM D 1945-81
Inert gases
SumofC02andN2
Water
1.5-4.5%
(range)
a
ASTM D 1945-81
Particulate matter
b
Odorant
c
Sulfur
16 ppmby
vol. (max.)
Title 1 7 CCR Seed.
aThe dewpoint at vehicle fuel storage container pressure shall be at least 10°F
below the 99.0% winter design temperature listed in Chapter 24, Table 1, Climatic
Conditions for the United Stales, in the American Society of Heating, Refrigerat-
ing and AiT Conditioning Engineer's (ASHRAE) Handbook, 1989 fundamentals
volume. Testing for water vapor shall be in accordance with ASTM D 1 142-90,
utilizing the Bureau of Mines apparatus.
bThe compressed natural gas shall not contain dust, sand, dirt, gums, oils, or oth-
er substances in an amount sufficient to be injurious to the fueling station equip-
ment or the vehicle being fueled.
The natural gas at ambient conditions must have a distinctive odor potent
enough for its presence to be detected down to a concentration in air of not over
1/5 (one-fifth) of the lower limit of flammability.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101, Health
and Safety Code; and Western Oil and Gas Ass 'n. v. Oranqe County Air Pollution
Control District, 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections
39000, 39001, 39002, 39003, 39010, 39500, 40000, 43000, 43016, 43018 and
431 01, Health and Safety Code: and Western Oil and Gas Ass'n. v. Orange Count}'
Air Pollution Control District, 14 Cal. 3d 41 1, 121 Cal. Rptr. 249 (1975).
History
1. New section filed 12-9-92; operative 1-1-93 (Register 92, No. 50).
§ 2292.6. Specifications for Liquefied Petroleum Gas.
The following standards apply to liquefied petroleum gas
(The identified test methods are incorporated herein by reference):
Specifications for Liquefied Petroleum Gas
Specification
Value
Test Method
Propane
85.0 vol. %
(min.)a
ASTM D 2163-87
Vapor pressure at 1 00°F
208 psig (max.)
ASTM D 1267-89
ASTM D 2598-1
Volatility residue:
evaporated temp., 95%
-37°F (max.)
ASTM D 1837-86
butanes
5.0 vol. % (max.)
ASTM D 2163-87
Butenes
2.0% (max.)
ASTM D 2163-87
Pentenes and heavier
0.5 vol. % (max.)
ASTM D 2163-87
Propene
10.0 vol. % (max.)
ASTM D 2163-87
Residual matter: residue
on evap. of 1 00 ml
oil stain observ.
0.05 ml (max.)
passc
ASTM D 2158-89
ASTM D 2158-89
Corrosion, copper strip
No. 1 (max.)
ASTM D 1838-89
Sulfur
80 ppmw (max.)
ASTM D 2784-89
Moisture content
pass
ASTM D 2713-86
Odorant
d
aPropane shall be required to be a minimum of 80.0 volume percent starting on
January 1, 1993. Starting on January 1, 1999, the minimum propane content shall
be 85.0 volume percent.
bIn case of dispute about the vapor pressure of a product, the value actually de-
termined by Test Method ASTM D 1267-89 shall prevail over the value calculated
by Practice ASTM D 2598-88.
cAn acceptable product shall not yield a persistent oil ring when 0.3 ml of sol-
vent residue mixture is added to a filter paper, in 0.1 ml increments and examined
in daylight after 2 min. as described in Test Method ASTM 2158-89.
dThe liquefied petroleum gas upon vaporization at ambient conditions must
have a distinctive odor potent enough for its presence to be detected down to a con-
centration in air of not over 1/5 (one-fifth) of the lower limit of flammability.
Within five years from the effective date of adoption or implementa-
tion, whichever comes later, of the amendments approved December 1 1 ,
1 998, the Air Resources Board, in consultation with the Secretary for En-
vironmental Protection, shall review the provisions of this chapter to de-
termine whether it should be retained, revised or repealed.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101, Health
and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution
Control District, 14 Cal. 3d 41 1, 121 Cal. Rptr. 249 (1975). Reference: Sections
39000, 39001, 39002, 39003, 39010, 39500, 40000, 43000, 43013, 43016, 43018
and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange
County Air Pollution Control District, 14 Cal. 3d 411, 121 Cal. Rptr. 249(1975).
History
1. New section filed 12-9-92; operative 1-1-93 (Register 92, No. 50).
2. Amendment filed 4-13-95; operative 4-13-95 pursuant to Government Code
section 11343.4(d) (Register 95, No. 15).
3. Amendment of footnotes a and c filed 1-6-98; operative 1-6-98 pursuant to
Government Code section 1 1343.4(d) (Register 98, No. 2).
4. Amendment of section and Note filed 12-8-99; operative 1-7-2000 (Register
99, No. 50).
§ 2292.7. Specifications for Hydrogen.
The following standards apply for hydrogen
(The identified test methods are incorporated herein by reference):
Specifications for Hydrogen
Specification
Value
Test Method
Hydrogen
98.0 mole %
(min.)
ASTM D 1946-90
Combined hydrogen,
99.9 mole %
ASTM D 1946-90
water, oxygen and
(min.)
for hydrogen, nitrogen
nitrogen
and nitrogen oxygen;
ASTM D 1142-90 for wa-
ter using the Bureau of
Mines apparatus
Total hydrocarbons
0.01 mole %
(max.)
ASTM D 1946-90
Particulate matter
a
Odorant
b
aThe hydrogen shall not contain dust, sand, dirt, gums, oils, or other substances
in an amount sufficient to be injurious to the fueling station equipment or the ve-
hicle being fueled.
bStarting 1/1/95, the hydrogen fuel at ambient conditions must have a distinctive
odor potent enough for its presence to be delected down to a concentration in air
of not over 1/5 (one-fifth) of the lower limit of flammability. This requirement ap-
plies only to hydrogen which is introduced into the vehicle fuel storage system in
gaseous form.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101, Health
and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution
Control District, 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections
39000, 39001, 39002, 39003, 39010, 39500, 40000, 43000, 43016, 43018 and
43101, Health and Safety Code: and Western Oil and Gas Ass'n. v. Orange County
Air Pollution Control District, 14 Cal. 3d 41 1, 121 Cal. Rptr. 249 (1975).
History
1. New section filed 12-9-92; operative 1-1-93 (Register 92, No. 50).
§ 2293. Equivalent Test Methods.
(a) Whenever sections 2292.1 thru 2292.7 provide for the use of a spe-
cified test method, another test method may be used following a determi-
nation by the Executive Officer that the other test method produces re-
sults equivalent to the results obtained with the specified method.
History
1. New section filed 12-9-92; operative 1-1-93 (Register 92, No. 50).
§ 2293.5. Exemptions for Alternative Motor Vehicle Fuel
Used in Test Programs.
The executive officer shall consider and grant test program exemp-
tions from the requirements of this Article in accordance with section
2259.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101, Health
and Safety Code; and Western Oil and Gas Ass 'n. v. Orange County Air Pollution
Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections
39000, 39001, 39002, 39003, 39500, 39515, 39516, 39606, 4151 1, 43000, 43016,
43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v.
Orange County Air Pollution Control District, 14Cal.3d411, 121 Cal. Rptr. 249
(1975).
History
1. New section filed 2-15-95; operative 2-15-95 pursuant to Government Code
section 11343.4(d) (Register 95, No. 7).
Page 276.9
Register 2002, No. 52; 12-27-2002
§2296
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
Article 4. Sampling and Test Procedures
§ 2296. Motor Fuel Sampling Procedures.
(a) "Scope." This method covers procedures for obtaining representa-
tive samples of motor fuel and blending components used to make motor
fuel.
(b) "Summary of method." It is necessary that the samples be truly rep-
resentative of the product in question. The precautions required to ensure
the representative character of the samples are numerous and depend
upon the tank, carrier, container or line from which the sample is being
obtained, the type and cleanliness of the sample container, and the sam-
pling procedure that is to be used. A summary of the sampling procedures
and their application is presented in Table 1. Each procedure is suitable
for sampling a material under definite storage, transportation, or contain-
er conditions. The basic principle of each procedure is to obtain a sample
in such manner and from such locations in the tank or other container that
the sample will be truly representative of the product.
(c) "Description of terms."
(1) "Average sample" is one that consists of proportionate parts from
all sections of the container.
(2) "All-levels sample" is one obtained by submerging a stoppered
beaker or bottle to a point as near as possible to the draw-off level, then
opening the sampler and raising it at a rate such that it is about 3/4 full
(maximum 85 percent) as it emerges from the liquid. An all-levels sam-
ple is not necessarily an average sample because the tank volume may not
be proportional to the depth and because the operator may not be able to
raise the sampler at the variable rate required for proportionate filling.
The rate of filling is proportional to the square root of the depth of immer-
sion.
(3) "Running sample" is one obtained by lowering an unstoppered
beaker or bottle from the top of the liquid to the level of the bottom of the
outlet connection or swing line, and returning it to the top of the liquid
at a uniform rate of speed such that the beaker or bottle is about 3/4 full
when withdrawn from the liquid.
(4) "Spot sample" is one obtained at some specific location in the tank
by means of a thief bottle, or beaker.
(5) "Top sample" is a spot sample obtained 6 inches (150 mm) below
the top surface of the liquid (Figure 1).
(6) "Upper sample" is a spot sample taken at the mid-point of the up-
per third of the tank contents (Figure 1).
(7) "Middle sample" is a spot sample obtained from the middle of the
tank contents (Figure 1).
(8) "Lower sample" is a spot sample obtained at the level of the fixed
tank outlet or the swing line outlet (Figure 1).
(9) "Clearance sample" is a spot sample taken 4 inches (100 mm) be-
low the level of the tank outlet (Figure 1).
(10) "Bottom sample" is one obtained from the material on the bottom
surface of the tank, container, or line at its lowest point.
(11) "Drain sample" is one obtained from the draw-off or discharge
valve. Occasionally, a drain sample may be the same as a bottom sample,
as in the case of a tank car.
(12) "Continuous sample" is one obtained from a pipeline in such
manner as to give a representative average of a moving stream.
(13) "Mixed sample" is one obtained after mixing or vigorously stir-
ring the contents of the original container, and then pouring out or draw-
ing off the quantity desired.
(14) "Nozzle sample" is one obtained from a motor fuel service station
pump nozzle which dispenses motor fuel from a underground storage
tank.
(15) "Motor fuel" shall mean, for the purpose of this sampling proce-
dure, gasoline (including gasoline containing oxygenates), diesel fuel, or
any blending components that are used to make such fuel.
(d) "Sample containers."
( 1 ) Sample containers may be clear or brown glass bottles, or cans. The
clear glass bottle is advantageous because it may be examined visually
for cleanliness, and also allows visual inspection of the sample for free
water or solid impurities. The brown glass bottle affords some protection
from light. The only cans permissible are those with the seams soldered
on the exterior surface with a flux of rosin in a suitable solvent. Such a
flux is easily removed with gasoline, whereas many others are very diffi-
cult to remove.
(2) "Container closure." Cork or glass stoppers, or screw caps of plas-
tic or metal, may be used for glass bottles; screw caps only shall be used
for cans to provide a vapor-tight closure seal. Corks must be of good
quality, clean and free from holes and loose bits of cork. Never use rubber
stoppers. Contact of the sample with the cork may be prevented by wrap-
ping tin or aluminum foil around the cork before forcing it into the bottle.
Glass stoppers must be a perfect fit. Screw caps must be protected by a
disk faced with tin or aluminum foil, or other material that will not affect
petroleum or petroleum products.
(3) "Cleaning procedure." All sample containers must be absolutely
clean and free of water, dirt, lint, washing compounds, naphtha, or other
solvents, soldering fluxes or acids, corrosion, rust, and oil. Before using
a container, rinse it with Stoddard solvent or other naphtha of similar vol-
atility. (It may be necessary to use sludge solvents to remove all traces
of sediment and sludge from containers previously used.) Then wash the
container with strong soap solution, rinse it thoroughly with tap water,
and finally with distilled water. Dry either by passing a current of clean,
warm air through the container or by placing it in a hot dust-free cabinet
at 104 degrees Fahrenheit (40 degrees centigrade) or higher. When dry,
stopper or cap the container immediately.
(e) "Sampling apparatus." The sampling apparatus is described in de-
tail under each of the specific sampling procedures. Clean, dry, and free
all sampling apparatus from any substance that might contaminate the
material, using the procedure described in (d)(3).
(f) "Time and place of sampling." When loading or discharging prod-
uct, take samples from both shipping and receiving tanks, and from the
pipeline if required.
(1) "Ship or barge tanks." Sample each product after the vessel is
loaded or just before unloading.
(2) "Tank cars." Sample the product after the car is loaded or just be-
fore unloading.
NOTE: When taking samples from tanks suspected of containing flammable atmo-
spheres, precautions should be taken to guard against ignitions due to static elec-
tricity. Metal or conductive objects, such as gage tapes, sample containers, and
thermometers, should not be lowered into or suspended in a compartment or tank
which is being filled or immediately after cessation of pumping. A waiting period
of approximately one minute will generally permit a substantial relaxation of the
electrostatic charge; under certain conditions a longer period may be deemed ad-
visable.
(g) "Obtaining samples."
(1) Directions for sampling cannot be made explicit enough to cover
all cases. Extreme care and good judgment are necessary to ensure sam-
ples that represent the general character and average condition of the ma-
terial. Clean hands are important. Clean gloves may be worn but only
when absolutely necessary, such as in cold weather, or when handling
materials at high temperature, or for reasons of safety. Select wiping
cloths so that lint is not introduced, contaminating samples.
(2) As many petroleum vapors are toxic and flammable, avoid breath-
ing them or igniting them from an open flame or a spark produced by stat-
ic.
(3) When sampling relatively volatile products (more than 2 pounds
(0. 14 kgf/cm2) RVP), the sampling apparatus shall be rinsed and allowed
to drain before drawing the sample. If the sample is to be transferred to
another container, this container shall also be rinsed with some of the vol-
atile product and then drained. When the actual sample is emptied into
this container, the sampling apparatus should be upended into the open-
ing of the sample container and remain in this position until the contents
have been transferred so that no unsaturated air will be entrained in the
transfer of the sample.
Page 276.10
Register 2002, No. 52; 12-27-2002
Title 13
Air Resources Board
§2296
(h) "Handling samples."
(1) "Volatile samples." It is necessary to protect all volatile samples
of product from evaporation. Transfer the product from the sampling ap-
paratus to the sample container immediately Keep the container closed
except when the material is being transferred. When samples of more
than 16 pounds (1.12 kgf/cm2) RVP are being obtained, be sure to use
containers strong enough to meet local safety regulations. After delivery
to the laboratory, volatile samples should be cooled before the container
is opened.
(2) "Container outage." Never completely fill a sample container, but
allow adequate room for expansion, taking into consideration the tem-
perature of the liquid at the time of filling and the probable maximum
temperature to which the filled container may be subjected.
(i) "Shipping samples." To prevent loss of liquid and vapors during
shipment, and to protect against moisture and dust, cover the stoppers of
glass bottles with plastic caps that have been swelled in water, wiped dry,
placed over the tops of the stoppered bottles, and allowed to shrink tightly
in place. The caps of metal containers must be screwed down tightly and
checked for leakage. Postal and express office regulations applying to the
shipment of flammable liquids must be observed.
(j) "Labeling sample containers."
(1) Label the container immediately after a sample is obtained. Use
waterproof and oilproof ink or a pencil hard enough to dent the tag, since
soft pencil and ordinary ink markings are subject to obliteration from
moisture, oil smearing, and handling. Include the following information:
(A) Date and time (the period elapsed during continuous sampling),
(B) Name of the sample,
(C) Name or number and owner of the vessel, car, or container,
(D) Brand and grade of material, and
(E) Reference symbol or identification number.
(k) "Sampling procedures." The standard sampling procedures de-
scribed in this method are summarized in Table 1. Alternative sampling
procedures may be used if a mutually satisfactory agreement has been
reached by the parties involved and such agreement was put in writing
and signed by authorized officials.
(1) "Bottle or beaker sampling." The bottle or beaker sampling proce-
dure is applicable for sampling liquids of 1 6 pounds (1.12 kgf/cm2) RVP
or less in tank cars, tank trucks, shore tanks, ship tanks, and barge tanks.
(A) "Apparatus." A suitable sampling bottle or beaker as shown in Fig-
ure 2 is required. Recommended diameter of opening in the bottle or bea-
ker is 3/4 inch (19 mm).
(B) "Procedure."
1. "All-levels sample." Lower the weighted, stoppered bottle or bea-
ker as near as possible to the draw-off level, pull out the stopper with a
sharp jerk of the cord or chain and raise the bottle at a uniform rate so that
it is about 3/4 full as it emerges from the liquid.
2. "Running sample." Lower the unstoppered bottle or beaker as near
as possible to the level of the bottom of the outlet connection or swing
line and then raise the bottle or beaker to the top of the liquid at a uniform
rate of speed such that it is about 3/4 full when withdrawn from the liquid.
3. "Upper, middle, and lower samples." Lower the weighted, stop-
pered bottle to the proper depths (Figure 1) as follows:
Upper sample middle of upper third of the tank contents
Middle sample middle of the tank contents
Lower sample level of the fixed tank outlet
or the swing-line outlet
Pull out the stopper with a sharp jerk of the cord or chain and allow the
bottle or beaker to fill completely at the selected level, as evidenced by
the cessation of air bubbles. When full, raise the bottle or beaker, pour
off a small amount, and stopper immediately.
4. "Top sample." Obtain this sample (Figure 1) in the same manner as
specified in (k)(l)(B)3. but at 6 inches (150 mm) below the top surface
of the tank contents.
5. "Handling." Stopper and label bottle samples immediately after tak-
ing them, and deliver to the laboratory in the original sampling bottles.
(2) "Tap sampling." The tap sampling procedure is applicable for sam-
pling liquids of 26 pounds (1.83 kgf/cm-) RVP or less in tanks which are
equipped with suitable sampling taps or lines. This procedure is recom-
mended for volatile stocks in tanks of the breather and balloon roof type,
spheroids, etc. (Samples may be taken from the drain cocks of gage
glasses, if the tank is not equipped with sampling taps.) When obtaining
a sample for RVP or distillation analysis, use the assembly as shown in
Figure 3. When obtaining a sample for other than RVP or distillation
analysis, the assembly as shown in Figure 3 need not be used.
NOTE: If RVP is more than 1 6 pounds (1.12 kgf/cm2) but not more than 26 pounds
(1.83 kgf/cm2) a cooling bath as shown in section (/)(6), Figure 5, shall be used
between the tank tap and the sample container to cool the sample and prevent vola-
tilization of low-boiling components.
(A) "Apparatus."
1. "Tank taps." The tank should be equipped with at least three sam-
pling taps placed equidistant throughout the tank height. On tanks that are
not equipped with floating roofs, each sample tap should extend into the
a minimum of 10 cm (4 in.). A standard 1/4 inch pipe with suitable valve
is satisfactory.
2. "Tube." A delivery tube that will not contaminate the product being
sampled and long enough to reach to the bottom of the sample container
is required to allow submerged filling. When a cooling bath is used while
tap sampling, a similar suitable tube should be used between the tank tap
and the cooler inlet.
3. "Sample containers." Use clean, dry glass bottles of convenient size
and strength to receive the samples. In some cases, metal containers may
be used instead of glass bottles.
(B) "Procedure."
1 . Before a sample is drawn, flush the tap (or gage glass drain cock)
and line until they are purged completely. Connect the clean delivery
tube to the tap. Draw upper, middle, or lower samples directly from the
respective taps after the flushing operation. Stopper and label the sample
container immediately after filling, and deliver it to the laboratory.
2. When a sample cooler is used during the tap sampling operation,
flush the tap (or gage glass drain cock). Then, using a section of clean tub-
ing, connect the tap to the cooler inlet. Flush the cooler thoroughly, after
which connect the clean delivery tube to the cooler outlet and proceed
with the sampling operation.
(3) "Continuous sampling." The continuous sampling procedure is
applicable for sampling liquids of 16 pounds (1.12 kgf/cm-) RVP or less
and semiliquids in pipelines, filling lines, and transfer lines. The continu-
ous sampling may be done manually or by using automatic devices.
(A) "Apparatus."
1. "Sampling probe." The function of the sampling probe is to with-
draw from the flow stream a portion that will be representative of the en-
tire stream. The apparatus assembly for continuous sampling is shown in
Figure 4. Probe designs that are commonly used are as follows:
a. A tube extending to the center of the line and beveled at a 45 degree
angle facing upstream (Figure 4(a)).
b. A long-radius forged elbow or pipe bend extending to the center line
of the pipe and facing upstream. The end of the probe should be reamed
to give a sharp entrance edge (Figure 4(b)).
c. A closed-end tube with a round orifice spaced near the closed end
which should be positioned in such a way that the orifice is in the center
of the pipeline and is facing the stream as shown in Figure 4(c).
2. Since the fluid pumped may not in all cases be homogeneous, the
position and size of the sampling probe should be such as to minimize
stratification or dropping out of heavier particles within the tube or the
displacement of the product within the tube as a result of variation in
gravity of the flowing stream. The sampling probe should be located
preferably in a vertical run of pipe and as near as practicable to the point
where the product passes to the receiver. The probe should always be in
a horizontal position.
a. The sampling lines should be as short as practicable and should be
cleared before any samples are taken.
Page 276.11
Register 2002, No. 52; 12-27-2002
§2296
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
b. A suitable device for mixing the fluid How to ensure a homogeneous
mixture at all rates of flow and to eliminate stratification should be in-
stalled upstream of the sampling tap. Some effective devices for obtain-
ing a homogeneous mixture are as follows: Reduction in pipe size; a se-
ries of baffles; orifice or perforated plate; and a combination of any of
these methods.
c. The design or sizing of these devices is optional with the user, as
long as the flow past the sampling point is homogeneous and stratifica-
tion is eliminated.
3. To control the rate at which the sample is withdrawn, the probe or
probes should be fitted with valves or plug cocks.
4. '"Automatic sampling devices" that meet the standards set out in
(3)(A)5. may be used in obtaining samples of gasoline. The quantity of
sample collected must be of sufficient size for analysis, and its composi-
tion should be identical with the composition of the batch flowing in the
line while the sample is being taken. An automatic sampler installation
necessarily includes not only the automatic sampling device that extracts
the samples from the line, but also a suitable probe, connecting lines, aux-
iliary equipment, and a container in which the sample is collected. Auto-
matic samplers may be classified as follows:
a. "Continuous sampler, time cycle (nonproportional) types." A sam-
pler designed and operated in such a manner that it transfers equal incre-
ments of liquid from the pipeline to the sample container at a uniform rate
of one or more increments per minute is a continuous sampler.
b. "Continuous sampler, flow-responsive (proportional) type." A
sampler that is designed and operated in such a manner that it will auto-
matically adjust the quantity of sample in proportion to the rate of flow
is a flow-responsive (proportional) sampler. Adjustment of the quantity
of sample may be made either by varying the frequency of transferring
equal increments of sample to the sample container, or by varying the
volume of the increments while maintaining a constant frequency of tran-
sferring the increments to the sample container. The apparatus assembly
for continuous sampling is shown in Figure 4.
c. "Intermittent sampler." A sampler that is designed and operated in
such a manner that it transfers equal increments of liquid from a pipeline
to the sample container at a uniform rate of less than one increment per
minute is an intermittent sampler.
5. "Standards of installation." Automatic sampler installations should
meet all safety requirements in the plant or area where used, and should
comply with American National Standard Code for Pressure Piping, and
other applicable codes (ANSI B3 1 . 1 ). The sampler should be so installed
as to provide ample access space for inspection and maintenance.
a. Small lines connecting various elements of the installation should
be so arranged that complete purging of the automatic sampler and of all
lines can be accomplished effectively. All fluid remaining in the sampler
and the lines from the preceding sampling cycle should be purged imme-
diately before the start of any given sampling operation.
b. In those cases where the sampler design is such that complete purg-
ing of the sampling lines and the sampler is not possible, a small pump
should be installed in order to circulate a continuous stream from the
sampling tube past or through the sampler and back into the line. The au-
tomatic sampler should then withdraw the sample from the sidestream
through the shortest possible connection.
c. Under certain conditions, there may be a tendency for water and
heavy particles to drop out in the discharge line from the sampling device
and appear in the sample container during some subsequent sampling pe-
riod. To circumvent this possibility, the discharge pipe from the sampling
device should be free of pockets or enlarged pipe areas, and preferably
should be pitched downward to the sample container.
d. To ensure clean, free-flowing lines, piping should be designed for
periodic cleaning.
6. "Field calibration." Composite samples obtained from the automat-
ic sampler installation should be verified for quantity performance in a
manner that meets with the approval of all parties concerned, at least once
a month and more often if conditions warrant. In the case of time-cycle
samplers, deviations in quantity of the sample taken should not exceed
± 5 percent for any given setting. In the case of flow-responsive sam-
plers, the deviation in quantity of sample taken per 1 ,000 barrels of flow-
ing stream should not exceed + 5 percent. For the purpose of field-cali-
brating an installation, the composite sample obtained from the
automatic sampler under test should be verified for quality by comparing
on the basis of physical and chemical properties, with either a properly
secured continuous nonautomatic sample or tank sample. The tank sam-
ple should be taken under the following conditions:
a. The batch pumped during the test interval should be diverted into
a clean tank and a sample taken within one hour after cessation of pump-
ing.
b. If the sampling of the delivery tank is to be delayed beyond one hour,
then the tank selected must be equipped with an adequate mixing means.
For valid comparison, the sampling of the delivery tank must be com-
pleted within eight hours after cessation of pumping, even though the
tank is equipped with a motor-driven mixer.
c. When making a normal full-tank delivery from a tank, a properly
secured sample may be used to check the results of the sampler if the par-
ties mutually agree to this procedure.
7. "Receiver." The receiver must be a clean, dry container of conve-
nient size to receive the sample. All connections from the sample probe
to the sample container must be free of leaks. Two types of container may
be used, depending upon service requirements.
a. "Atmospheric container." The atmospheric container shall be con-
structed in such a way that it retards evaporation loss and protects the
sample from extraneous material such as rain, snow, dust, and trash. The
construction should allow cleaning, interior inspection, and complete
mixing of the sample prior to removal. The container should be provided
with a suitable vent.
b. "Closed container." The closed container shall be constructed in
such a manner that it prevents evaporation loss. The construction must
allow cleaning, interior inspection and complete mixing of the sample
prior to removal. The container should be equipped with a pressure-relief
valve.
(B) "Procedure."
1. "Nonautomatic sample."
a. Adjust the valve or plug cock from the sampling probe so that a
steady stream is drawn from the probe. Whenever possible, the rate of
sample withdrawal should be such that the velocity of liquid flowing
through the probe is approximately equal to the average linear velocity
of the stream flowing through the pipeline. Measure and record the rate
of sample withdrawal as gallons per hour. Divert the sample stream to the
sampling container continuously or intermittently to provide a quantity
of sample that will be of sufficient size for analysis.
2. "Automatic sampling." Purge the sampler and the sampling lines
immediately before the start of a sampling operation. If the sample design
is such that complete purging is not possible, circulate a continuous
stream from the probe past or through the sampler and back into the line.
Withdraw the sample from the side stream through the automatic sampler
using the shortest possible connections. Adjust the sampler to deliver not
less than 1 and not more than 40 gallons (151 liters) of sample during the
desired sampling period. For time-cycle samplers, record the rate at
which sample increments were taken per minute. For flow-responsive
samplers, record the proportion of sample to total stream. Label the sam-
ples and deliver them to the laboratory in the containers in which they
were collected.
(4) "Nozzle sampling." The nozzle sampling procedure is applicable
for sampling product from a service station underground storage tank.
(A) "Apparatus." Sample containers conforming with (d)(1) should be
used. A spacer, as shown in Figure 6, shall be used, if appropriate. When
obtaining a sample for RVP or distillation analysis, an ice water bath and
nozzle extension, as shown in Figure 7, shall be used. When obtaining a
sample for other than RVP or distillation analysis, neither the ice water
bath nor the nozzle extension need to be used.
(B) "Procedure."
Page 276.12
Register 2002, No. 52; 12-27-2002
Title 13
Air Resources Board
§2296
J. When obtaining a sample for RVP or distillation analysis, conduct
the sampling in the following manner: Immediately after gasoline has
been delivered from pump and pump has been reset, deliver a small
amount of product into the sample container, using spacer (Figure 6), if
needed, on the pump nozzle (vapor recovery type). Rinse sample con-
tainer and dump product into waste container. Insert nozzle extension
(Figure 7) into sample container and insert pump nozzle into extension
with slot over air bleed hole (if the extension is equipped with a slot). Re-
place sample container in chilling medium and fill slowly through nozzle
extension to 70-80 percent full (Figure 8). Remove nozzle extension.
Cap container at once. Check for leaks. Discard container and resample
if leak occurs. If container is leak tight, place container in a cold chest of
ice water.
2. When obtaining a sample for other than RVP or distillation analysis,
the following procedure may be used instead of the procedure in
(k)(4)(B) I : Immediately after product has been delivered from pump and
pump has been reset, deliver a small amount of product into the sample
container, using spacer (Figure 6), if needed, on the pump nozzle (vapor
recovery type). Rinse sample container and dump product into waste
container. Fill slowly with the nozzle to 70-80 percent full. Cap container
at once. Check for leaks. Discard container and resample if leak occurs.
(/) "Special precautions and instructions for RVP Sampling."
(1 ) "Precautions." Vapor pressures are extremely sensitive to evapora-
tion losses and to slight changes in composition. When obtaining, stor-
ing, or handling samples, observe the necessary precautions to ensure
samples representative of the product and satisfactory for RVP tests. Of-
ficial samples should be taken by, or under the immediate supervision of
a person of judgment, skill, and sampling experience. Never prepare
composite samples for RVP testing. Make certain that containers which
are to be shipped by common carrier conform to Interstate Commerce
Commission, state, or local regulations. When flushing or purging lines
or containers, observe the pertinent regulations and precautions against
fire, explosion, and other hazards.
(2) "Sample containers." Use containers of not less than 1 quart (1 li-
ter) nor more than 2 gallons (7.5 liters) capacity, of sufficient strength to
withstand the pressures to which they may be subjected, and of a type that
will permit replacement of the cap or stopper with suitable connections
for transferring the sample to the gasoline chamber (if applicable) of the
vapor pressure apparatus. Open-type containers have a single opening
which permits sampling by immersion. Closed-type containers have two
openings, one in each end (or the equivalent thereof), fitted with valves
suitable for sampling by water displacement or by purging.
(3) "Transfer connections." The transfer connection for the open-type
container consists of an air tube and a liquid delivery tube assembled in
a cap or stopper. The air tube extends to the bottom of the container. One
end of the liquid delivery tube is flush with the inside face of the cap or
stopper and the tube is long enough to reach the bottom of the gasoline
chamber while the sample is being transferred to the chamber. The trans-
fer connection for the closed-type container consists of a single tube with
a connection suitable for attaching it to one of the openings of the sample
container. The tube is long enough to reach the bottom of the gasoline
chamber while the sample is being transferred.
(4) "Sampling open tanks." Use clean containers of the open type
when sampling open tanks and tank cars. An all-level sample obtained
by the bottle procedure, (k)(l) is recommended. Before taking the sam-
ple, flush the container by immersing it in the product to be sampled.
Then obtain the sample immediately. Fill to 70-80 percent and close it
promptly. Label the container and deliver it to the laboratory.
(5) "Sampling closed tanks." Containers of either the open or closed
type may be used to obtain samples from closed or pressure tanks. If an
open type container is used, follow the cooling bath procedure described
in (/)(7) or (7)(10). If the closed type is used, obtain the sample using the
water displacement procedure, (/)(8), or the purging procedure, (/)(9).
The water displacement procedure is preferable because the flow of
product involved in the purging procedure may be hazardous.
(6) "Cooling bath." A bath (Figure 5) of sufficient size to hold the sam-
ple container and a cooling coil of about 25 feet (8 m) of copper tubing
(3/8 inch (9 mm) or less outside diameter) shall be required when using
the procedure described in (/)(7). One end of the coil is provided with a
connection for attaching it to the tank sampling tap or valve. The other
end is fitted with a suitable valve (outlet) of good quality. A removable
copper tube of 3/8 inch or less outside diameter and of sufficient length
to reach the bottom of the sample container shall be connected to the open
end of the outlet valve.
(7) "Cooling bath procedure." When using a cooling bath and a con-
tainer of the open type, keep it at a temperature of 32 degrees to 40 de-
grees Fahrenheit (0 degrees to 4.5 degrees centigrade) during the sam-
pling operation by using the cooling bath (Figure 5). Connect the coil to
the tank sampling tap or valve and flush it with a sufficient amount of
product to ensure complete purging. When obtaining a sample, throttle
the outlet valve so that the pressure in the coil will be approximately the
same as that in the tank. Fill the container once to wash and cool it, and
discard the wash product. Then draw the sample immediately. Pour off
enough so that the container will be 70-80 percent full and close it
promptly. Label the container and deliver it to the laboratory.
(8) "Water displacement procedure." Completely fill the closed-type
container with water and close the valves. The water should be at the
same temperature or lower than that of the product to be sampled. While
permitting a small amount of product to flow through the fittings, connect
the top or inlet valve of the container to the tank sampling tap or valve.
Then open all valves on the inlet side of the container. Open the bottom
or outlet valve slightly to allow the water to be displaced slowly by the
sample entering the container. Regulate the flow so that there is no appre-
ciable change in pressure within the container. Close the outlet valve as
soon as gasoline discharges from the outlet; then in succession close the
inlet valve and the sampling valve on the tank. Disconnect the container
and withdraw enough of the contents so that it will be 70-80 percent full.
If the vapor pressure of the product is not high enough to force liquid from
the container, open both the upper and lower valves slightly to remove
the excess. Promptly seal and label the container, and deliver it to the lab-
oratory.
(9) "Purging procedure." Connect the inlet valve of the closed-type
container to the tank sampling tap or valve. Throttle the outlet valve of
the container so that the pressure in it will be approximately equal to that
in the container being sampled. Allow a volume of product equal to at
least twice that of the container to flow through the sampling system.
Then close all valves, the outlet valve first, the inlet valve of the container
second, and the tank sampling valve last, and disconnect the container
immediately. Withdraw enough of the contents so that the sample con-
tainer will be 70-80 percent full. If the vapor pressure of the product is
not high enough to force liquid from the container, open both the upper
and lower valves slightly to remove the excess. Promptly seal and label
the container and deliver it to the laboratory.
(10) "Nozzle sampling procedure." When using a container of the
open type, keep it at a temperature of 32 degrees to 40 degrees Fahrenheit
(0 degree to 4.5 degrees centigrade) when sampling by the nozzle sam-
pling procedure. The container may be chilled by placing it into an ice
chest containing ice (frozen water). The sampling is accomplished fol-
lowing the procedure in (k)(4).
Page 276.13
Register 2002, No. 52; 12-27-2002
§2296
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
Table 1
Summary of Sampling Procedures and Applicability
Type, of container
Procedure
Paragraph
Storage tanks, ship and
Bottle sampling
(k)(D
barge tanks, tank cars,
tank trucks
Storage tanks with taps
Tap sampling
(k)(2)
Pipes and lines
Continuous line
sampling
(k)(3)
Service station under-
Nozzle sampling
(k)(4)
ground storage tanks
HATCH
*&
X — j- TOP SAMPLE
X UPPER SAMPLE UPPER THIRD
x MIDDLE SAMPLE MIDDLE THIRD
o~li
LOWER SAMPLE LOWER THIRD
CLEARANCE SAMPLE
BOTTOM SAMPLE
Figure 1 . Sampling Depths
Page 276.14
Register 2002, No. 52; 12-27-2002
Title 13
Air Resources Board
§2296
1 1/4 LB.
LEAD
WEIGHT
ALTERNATE RIG
1 QUART WEIGHTED
BOTTLE CATCHER
(CAN BE FABRICATED
TO FIT ANY SIZE
BOTTLE)
(a) 1-Qt Weighted Bottles
42"
WASHER,
PIN
(THREADED
AT BOTTOM
NUT
1/8 COPPER
WIRE
HANDLE
COPPER
WIRE
LUGS
CLOVE
HITCH
EYELET
CORK
WASHER
1/8 SHEET
LEAD
(b) 1-Qt Weighted Beaker
Metric Equivalents
in. 1/8
mm 3
1
25
1 1/4
45
2 3/4
70
3 1/4
83
4
102
10
250
12
300
13 1/4
350
Figure 2. Assembly for Bottle Sampling
Page 276.15
Register 2002, No. 52; 12-27-2002
§2296
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
Figure 3. Assembly for Tap Sampling
-J
lb
(A)
1/8-1/4 PIPE
TO RECEIVER
OR SAMPLER
45° BEVEL
1/8 -1/4 PIPE
TO RECEIVER
OR SAMPLER
END REAMED TO
A SHARP EDGE
ORIFICE IN SIDE OF PROBE
. FACING UPSTREAM END OF
*** I" PROBE TO BE CLOSED
1/8"- 1/4" PIPE
TO RECEIVER
OR SAMPLER
Note: Probe may be pitted with valves or plug cocks.
Probe should be disposed horizontally
PROBES FOR CONTINUOUS SAMPLING
1
w
AUTQM ATIC_S AM PLI^G
f" DEVICE " i
r
(IF USED)
RETURN LINE
OR DRAIN
FLUSH OR DRAIN
SAMPLE RECEIVER
TYPICAL ASSEMBLY FOR LINE SAMPLING
Figure 4. Probes for Continuous Sampling
Page 276.16
Register 2002, No. 52; 12-27-2002
Title 13
Air Resources Board
§2296
OUTLET
VALVE
THERMOMETER
TO TANK
PURGING VALVE
COPPER TUBING
(25 FT. -1/4" OD)
TOP VIEW
PURGING
VALVE
•
Figure 5. Cooling Bath
Page 276.17
Register 2002, No. 52; 12-27-2002
§2296
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
"T"
1
• *•
•1 1/4"
T—i
Make from 1/4 inch flat steel
All dimensions in inches
Break all edges and corners
Figure 6. Spacer for Nozzle Sampling
1/8R
Use 3/4 in. Schedule 80 Black Iron Pipe
All dimensions in inches
All tolerences + 1/128 inch
A - Recommend 30°
B - Inside diameter Schedule 80 Black Iron Pipe
■ uu|^>>>N>w\\\^y^>J
±-K
n-
1/2
fiiJuuuuiWAVATT
Recommend 30°
9=
1, 1/2
e
BB * mi ii ti i ■■■ ■ ■■ii.-w»
Two slots with
3/16 radius at top
/
All dimensions in inches (not to scale).
All decimal dimensions represent minimum and maximum.
Tolerance for all other dimensions is ±1/32" .
Made of non-ferrous material, unaffected by gasoline.
Figure 7. Nozzle Extensions for Nozzle Sampling
Page 276.18
Register 2002, No. 52; 12-27-2002
Title 13
Air Resources Board
§2297
•
Nozzle extension
Spacer
Nozzle extension
(a) Nozzle without vapor recovery
(b) Nozzle with vapor recovery
Figure 8. Assembly for Nozzle Sampling
•
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018, 43101 and 43830,
Health and Safety Code. Reference: Sections 39000, 39001, 39002, 39003, 39500,
41511, 43000, 43013, 43018, 43101 and 43830, Health and Safety Code; and
Western Oil and Gas Ass 'n v. Orange County AP CD, 14 Cal. 3d 411, 121 Cal.
Rptr. 249 (1975).
History
1. Change without regulatory effect renumbering article heading and former sec-
tion 2261 to section 2296 filed 9-17-91 pursuant to section 100, title 1, Califor-
nia Code of Regulations (Register 92, No. 4).
2. Amendment of section heading, subsections (a)-(c), (c)(3) and (c)(14), new
subsection (c)(15), amendment of subsections (d), (d)(2), (e)-(f), (g),
(g)(3)-(h)(D, (i)-(k), (k)(l)(B)(2)„ (k)(2), and (k)(4)-((B)l., new subsection
(k)(4)(B)2., amendment of subsections (1)-(1)(7), Table 1 , Figure 5, Figure 7,
and NOTE filed 10-14-92; operative 10-14-92 pursuant to Government Code
section 11346.2(d) (Register 92, No. 42).
3. Amendment of subsections (k)(2)-(k)(2)(A) and amendment of Note filed
8-20-2001; operative 8-20-2001 pursuant to Government Code section
1 1343.4 (Register 2001, No. 34).
4. Amendment of subsection (k)(2) filed 12-24-2002; operative 12-24-2002 pur-
suant to Government Code section 1 1343.4 (Register 2002, No. 52).
§ 2297. Test Method for the Determination of the Reid
Vapor Pressure Equivalent Using an
Automated Vapor Pressure Test Instrument.
(a) Scope.
( 1 .0) This test method covers the determination of the total pressure,
exerted in vacuum, by air-containing, volatile, petroleum products. The
test method is suitable for testing samples with boiling points above 0°C
(32°F) that exert a vapor pressure between 7 and 1 30 kPa ( 1 .0 and 19 psi)
at 37.8°C (100°F) at a vapor-to-liquid ratio of 4:1. The test method is
suitable for testing gasoline samples which contain oxygenates. No ac-
count is made of dissolved water in the sample. (Samples can also be
tested at other vapor-to-liquid ratios, temperatures and pressures, but the
Precision and Bias as described in section (k) do not necessarily apply.)
(2.0) This test method covers the use of automated vapor pressure in-
struments that perform measurements on liquid specimen sizes in the
range from 1 to 10 ml.
Page 276.19
Register 2002, No. 52; 12-27-2002
§2297
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(3.0) Standard values are specified in SI units (International System of
Units). The values given in parentheses are provided for information pur-
poses only.
(4.0) This test method may involve hazardous materials, operations,
and equipment. This test method does not purport to address all of the
safety problems associated with its use. It is the responsibility of the user
of this test method to establish appropriate safety and health practices and
determine the applicability of regulatory limitations prior to use. For spe-
cific hazard statements, see section (g)(5.0).
(b) Summary of Test Method.
(1.0) A known volume of chilled, air-saturated sample is introduced
into a thermostatically controlled test chamber, the internal volume of
which is five times that of the total test specimen introduced into the
chamber. A vacuum is applied to the chamber in accordance with the
manufacturer's instructions. After introduction into the test chamber the
test specimen is allowed to reach thermal equilibrium at the test tempera-
ture, 37.8°C (100°F). The resulting rise in pressure in the chamber is
measured using a pressure transducer sensor and indicator.
(2.0) Only the sum of the partial pressure of the sample and the partial-
pressure of the dissolved air (commonly known as the total pressure) are
used in this test method. Note that some instruments may call this pres-
sure measurement by another term. Also note that some instruments are
capable of measuring the absolute pressure of the specimen as well.
(3.0) The measured total vapor pressure is converted to a Reid vapor
pressure equivalent (RVPE) by use of a calibration equation (section
(i)(1.0)). This calculation converts the measured total pressure to the
Reid vapor pressure (RVP) expected from the American Society of Test-
ing and Materials (ASTM) Test Method D 323-58.
(c) Apparatus.
(1.0) Vapor Pressure Apparatus - An appropriate instrument, de-
signed for the intended use should be selected. The minimum perform-
ance level for the automated vapor pressure test instrument is that the in-
strument shall perform as well as, or better than, the precision criteria set
forth in the ASTM D323-58, which is incorporated herein by reference.
The ASTM D323-58 states a repeatability value of 0.2 psi and a repro-
ducibility value of 0.3 psi. The instrument shall provide accurate results
which are comparable to the RVP measured by the ASTM 323-58. Typi-
cally, the type of apparatus suitable for use in this test method employs
a small volume test chamber incorporating a transducer for pressure mea-
surements and associated equipment for thermostatically controlling the
chamber temperature and for evacuating the test chamber.
(1.1) The test chamber shall be designed to contain between 5 and 50
ml of liquid and vapor and be capable of maintaining a vapor-to-liquid
ratio between 3.95 to 1.00 and 4.05 to 1.00.
(1.2) The pressure transducer shall have a minimum operational range
from 0 to 177 kPa (0 to 25.6 psi) with a minimum resolution of 0.1 kPa
(0.01 psi) and a minimum accuracy of ±0.3 kPa (± 0.05 psi). The pressure
measurement system shall include associated electronics and readout de-
vices to display the resulting pressure reading.
(1.3) The thermostatically controlled heater shall be used to maintain
the test chamber at 37.8 ±0.1 °C (100 ±0.2°F) for the duration of the test.
(1.4) A platinum resistance thermometer shall be used for measuring
the temperature of the test chamber. The minimum temperature range of
the measuring device shall be from ambient to 60°C (140°F) with a reso-
lution of 0.1 °C (0.2°F) and accuracy of 0.1 °C (0.2°F).
(1.5) The vapor pressure apparatus shall have provisions for introduc-
tion of the test specimen into the test chamber and for the cleaning or
purging of the chamber following the test.
(2.0) A vacuum pump (if required by the manufacturer's instructions)
shall be capable of reducing the pressure in the test chamber to less than
0.01 kPa (0.001 psi) absolute.
(3.0) A syringe (optional, depending on sample introduction mecha-
nism employed with each instrument) shall be gas-tight. The syringe
shall be 1 to 20-ml capacity with a ± 1 % or better precision. The capacity
of the syringe should not exceed two times the volume of the test speci-
men being dispensed.
(4.0) Ice Water Bath or Refrigerator (Air Bath): for chilling the sam-
plesand syringe to temperatures betweens and 1°C (32 to 34°F).
(5.0) Mercury Barometer (if required by the manufacturer's instruc-
tions): in the 0 to 120 kPa (0 to 17.4 psi) range.
(6.0) McLeod Vacuum Gage (if required by the manufacturer's in-
structions): to cover at least the range from 0 to 0.67 kPa (0 to 5mm Hg).
(d) Sampling.
(1.0) Obtain a sample in accordance with title 13, California Code of
Regulations, section 2296.
(2.0) The extreme sensitivity of vapor pressure measurements to
losses through evaporation and the resulting changes in composition is
such as to require the utmost precaution and most meticulous care in the
handling of samples.
(3.0) Protect samples from excessive high temperatures prior to test-
ing. This can be accomplished by storage in an appropriate ice water bath
or refrigerator.
(4.0) Do not test samples stored in leaky containers. Discard and ob-
tain another sample if leaks are detected.
(e) Preparation of Apparatus.
(1 .0) Prepare the instrument for operation in accordance with the man-
ufacturer's instructions.
(2.0) Clean and prepare the test chamber as required to avoid contami-
nation of the test specimen.
(3.0) For instruments that require that the test chamber be evacuated
prior to the introduction of the test specimen: Prior to specimen introduc-
tion, visually determine from the instrument display that the test chamber
pressure is stable and does not exceed 0.1 kPa (0.01 psi). When the pres-
sure is not stable or exceeds this value, check that the chamber is clean
of volatile materials remaining in the chamber from a previous specimen
or check the calibration of the transducer.
(4.0) If a syringe is used for introduction of the specimen, chill it to be-
tween 0 and 4.5°C (32 and 40°F) in an ice water bath or a refrigerator be-
fore drawing in the specimen. Avoid water contamination of the syringe
reservoir by suitably sealing the outlet of the syringe during the cooling
process.
(5.0) For instruments using a pre-heated test chamber: Prior to intro-
duction of the test specimen check that the temperature of the test cham-
ber is within the required range from 37.8 ± 0.1°C (100 ± 0.2°F).
(f) Calibration.
( 1 .0) Pressure Transducer:
(1.1) Check the calibration of the pressure transducer on a monthly ba-
sisor when needed as indicated from the quality control checks (section
(g)). The calibration of the pressure transducer is checked using two ref-
erence points, zero pressure (<0.1kPa) and the ambient baromtric pres-
sure.
(1.2) Connect a McLeod gage to the vacuum source in line with the test
chamber. Apply a vacuum to the test chamber. When the McLeod gage
registers a pressure less than 0. 1 kPa (0.8mm Hg, or 0.01 psi), adjust the
pressure transducer control to zero or to the actual reading on the McLeod
gage as dictated by the instrument design and manufacturer's instruc-
tions.
(1 .3) Open the test chamber to the atmosphere and observe the pres-
sure transducer reading. If the pressure reading is not equal to the ambient
barometric pressure, then adjust the pressure transducer span control un-
til the appropriate reading is observed. Ensure that the instrument is set
to display the total pressure and not a calculated or corrected value.
(1.4) Repeat steps (f)(1.2) and (0(1-3) until the zero and barometric
pressures read correctly without further adjustments.
(2.0) Thermometer - Check the calibration of the platinum resistance
thermometer used to monitor the temperature of the test chamber at least
every six months against a National Institute on Standards and Technolo-
gy (NIST) traceable thermometer.
(g) Quality Control Checks.
Page 276.20
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Title 13
Air Resources Board
§2297
(1 .0) Check the performance of the instrument each day it is in use by
running a quality control sample consisting of a pure solvent of known
vapor pressure similar to the vapor pressure of the samples to be tested.
Treat the pure solvent quality control check sample in the same manner
as a sample (section (h)). Record the total vapor pressure (do not calcul ate
a Reid vapor pressure equivalent) in a log for the purpose of tracking the
instrument's performance. If the total vapor pressure differs from the pre-
vious entry (for the same pure solvent) in the log by more than + 1 .0 kPa
(0. 15 psi), then check the instrument calibration (section (f)). If the trend
of the log shows variations of more than ± 1 .0 kPa (0. 15 psi) (for the same
pure solvent), also check the instalment calibration.
(2.0) Some of the possible reference pure materials and their corre-
sponding absolute vapor pressures include:
cyclohexane 22.5 kPa (3.27 psi)
cyclopentane 68.3 kPa (9.92 psi)
2,2-dimethylbutane 67.9 kPa (9.86 psi)
2,3-dimethylbutane 51.1 kPa (1.41 psi)
2-methylpentane 46.7 kPa (6.77 psi)
toluene 7.1 kPa (1.03 psi)
(The total pressure values cited were obtained from Phillips Petroleum
Co., Bartlesville, OK, or the Table of Physical Constants, National Gas
Producer Association.)
(3.0) Purity of Reagents - Use chemicals of at least 99% purity for
quality control checks. Unless otherwise indicated, it is intended that all
reagents conform to the specifications of the Committee on Analytical
Reagents of the American Chemical Society where such specifications
are available. ("Reagent Chemicals, American Chemical Society Speci-
fications," Am. Chemical Soc, Washington, DC. For suggestions on the
testing of reagents not listed by the American Chemical Society, see "Re-
agent Chemicals and Standards," by Joseph Rosin, D. Van Nostrand Co,
Inc., New York, NY and the "United States Pharmacopeia.") Lower puri-
ties can be used, provided it is first ascertained that the reagent is of suffi-
cient purity to permit its use without lessening the accuracy of the deter-
mination.
(4.0) The chemicals in this section are suggested for use in quality con-
trol procedures; not for instrument calibration.
(5.0) WARNING — Cyclohexane, cyclopentane, 2,2-dimethylbu-
tane, 3,2-dimethylbutane, 2-methylpentane, and toluene are extremely
flammable. They are an aspiration hazard and are harmful if inhaled.
They are also a skin irritant on repeated contact.
(h) Procedure.
(1.0) Sample Temperature - Cool the sample container and contents
in an ice water bath or refrigerator to the 0 to 1 °C (32 to 34°F) range prior
to opening the sample container. Allow sufficient time to reach this tem-
perature.
(2.0) Verification of Sample Container Filling - After the sample
reaches thermal equilibrium at 0 to I°C, take the container from the ice
water bath or refrigerator, wipe dry with an absorbent material, unseal
and examine the ullage. With a suitable gage, determine that the liquid
content in the container is between 70 to 80% of the volume of the con-
tainer capacity.
(2.1) Discard the sample if the liquid content of the container is less
than 70% of the volume of the container capacity.
(2.2) If the liquid content of the container is more than 80% of the vol-
ume of the container capacity, pour out enough sample to bring the liquid
contents within the 70 to 80% volume range.
(3.0) Air Saturation of Sample in Sample Container
(3. 1) After determining that the liquid content in the sample container
is between 70 to 80% full, reseal the container and shake vigorously. Re-
turn the container to the ice water bath or refrigerator for a minimum of
2 minutes.
(4.0) Remove the sample from the ice water bath or refrigerator, dry
the exterior of the container with absorbent material, uncap, insert a
transfer tube or syringe (section (e)(4.0)). Draw a bubble-free aliquot of
sample into a gas tight syringe or transfer tube and deliver this test speci-
men to the test chamber as rapidly as possible. The total time between
opening the chilled sample container and inserting/securing the syringe
into the sealed test chamber shall not exceed 1 minute.
(5.0) The vapor pressure determination shall be performed on the first
lest specimen withdrawn from a sample container. Successive vapor
pressure determinations can be made on the remaining test material in the
same container if the container had been tightly sealed immediately after
the previous vapor pressure determination.
(6.0) Follow the manufacturer's instructions for the introduction of the
test specimen into the test chamber, and for the operation of the instru-
ment to obtain a total vapor pressure result for the test specimen.
(7.0) Set the instrument to read the result in terms of total vapor pres-
sure. If the instrument is capable of calculating a Reid vapor pressure
equivalent value, ensure that only the parameters described in section
(i)(2.0) are used.
(8.0) Verification of Single Phase - After drawing a test specimen and
introducing it into the instrument for analysis, check the remaining sam-
ple for phase separation. If the sample is contained in a glass container,
this observation can be made prior to sample transfer. If the sample is
contained in a non-transparent container, mix the sample thoroughly and
immediately pour a portion of the remaining sample into a glass container
and observe for evidence of phase separation. If the sample is not clear
and bright or if a second phase is observed, discretion shall be used to de-
termine if the sample is truly representative.
(9.0) Record the total vapor pressure reading from the instrument to
the nearest 0.1 kPa (0.01 psi). For instruments that do not automatically
record or display a stable pressure value, manually record the pressure
indicator reading every minute to the nearest 0.1 kPa; and, when three
successive readings agree to within 0. 1 kPa, record the result to the near-
est 0.1 kPa(0.01 psi).
(i) Calculation.
(1.0) Calibration Equation -Calculate the Reid vapor pressure equiva-
lent (RVPE) using the following calibration equation. Ensure that the in-
strument reading used in this equation corresponds to the total pressure
and has not been corrected by an automatically programmed correction
factor.
Equation 1:
RVPE = aX - b
where:
"RVPE" is the vapor pressure value (in psi) that would be expected
from test method ASTM D323-58;
"a" is the correlative relationship of test data from the specific auto-
mated vapor pressure test instrument and test data from ASTM
D323-58;
"X" is the total vapor pressure value (in psi) as determined by the spe-
cific automated vapor pressure test instrument;
"b" is the offset of the test data between the specific automated vapor
pressure test instrument and the test data from ASTM D323-58.
The data used for determining the calibration equation for each instru-
ment shall be obtained during an Air Resources Board vapor pressure test
program. The data shall consist of test results obtained from the analysis
of identical samples by the automated instrument and by ASTM
D323-58. Vapor pressure test programs may be conducted on a periodic
basis as needed. The Air Resources Board conducted such a program and
determined that the following automated vapor pressure test instruments
meet the requirements of section (c). The data from the test program were
used to arrive at the calibration equations for these instruments. The cali-
bration equations are as follows:
1 . Grabner Instruments,
Model: CCA-VP (laboratory Grabner) RVPE = (.965) x - .304
2. Grabner Instruments,
Model: CCA- VPS (portable Grabner) RVPE = (.972) x-. 71 5
3. Stanhope-Seta Limited,
Model: Seta vap RVPE = (.961) x-. 577
(2.0) The calculation described in section (i)(1.0), above, can be ac-
complished automatically by the instrument, if so equipped, and in such
cases the user shall not apply any further corrections.
Page 276.21
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§2298
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(j) Report.
(1.0) Report the Reid vapor pressure equivalent to the nearest 0.1 kPa
(0.01 psi).
(k) Precision and Bias.
(1.0) Precision - The precision of this test method as determined by
the statistical examination of interlaboratory test results is as follows:
(1.1) Repeatability - The difference between successive test results
obtained by the same operator with the same apparatus under constant
operating conditions on identical test material would, in the long run, in
the correct operation of the test method exceed the following value only
in one case in twenty. The repeatability values for the specific automated
vapor pressure test instruments listed in section (i)(1.0) are:
1. Grabner Instalments,
Model: CCA-VP (laboratory Grabner) 0.084 psi
2. Grabner Instalments,
Model: CCA-VPS (portable Grabner) 0.084 psi
3. Stanhope-Seta Limited
Model: Seta vap 0.10 psi
(1 .2) Reproducibility — The difference between two single and inde-
pendent test results obtained by different operators working in different
laboratories using the same make and model test instrument on identical
test material would, in the long run, in the correct operation of the test
method exceed the following value only in one case in twenty. The repro-
ducibility values for the specific automated vapor pressure test instru-
ments listed in section (i)(1.0) are:
1. Grabner Instalments,
Model: CCA-VP (laboratory Grabner) 0. 1 3 psi
2. Grabner Instruments,
Model: CCA-VPS (portable Grabner) 0.21 psi
3. Stanhope-Seta Limited
Model: Setavap 0.32 psi
(2.0) Bias - A relative bias was observed between the total pressure
obtained using this test method and the Reid vapor pressure obtained us-
ing ASTM Test Method D323-58. This bias is corrected by the use of the
calibration equation in section (i)(l.0) which calculates a Reid vapor
pressure equivalent value from the observed total pressure.
NOTE. Authority cited: Sections 39600, 39601, 43013, 43018. 43101, and 43830,
Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air
Pollution Control District, 14 Cal.3d 41 1, 121 Cal. Rptr. 249 (1975). Reference:
Sections 39000, 39001, 39002, 39003, 39500, 43000, 43013, 43018, 43101 and
43830, Health and Safety Code; and Western Oil and Gas Ass 'n. v. Orange County
Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975).
History
1. Change without regulatory effect renumbering former section 2262 to section
2297 filed 9-17-91 pursuant to section 100, title 1, California Code of Regula-
tions (Register 92, No. 4).
2. Amendment of subsections (d)(1.0) and (k)(l . 1)-(1 .2) filed 8-20-2001; opera-
tive 8-20-2001 pursuant to Government Code section 1 1343.4 (Register 2001 ,
No. 34).
§ 2298. Conversion of Volume Percent Oxygenate to
Weight Percent Oxygen in Gasoline.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018, 43101 and 43830,
Health and Safety Code. Reference: Sections 39000, 39001, 39002, 39003, 39500,
41511, 43000, 43013, 43018, 43101 and 43830, Health and Safety Code; and
Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14
Cal.3d 411, 121 Cal. Rptr. 249 (1975).
History
1. New section filed 10-14-92; operative 10-14-92 pursuant to Government
Code section 1 1346.2(d) (Register 92, No. 42).
2. Repealer filed 9-1-94; operative 9-1-94 (Register 94, No. 35).
Chapter 5.1 . Standards for Fuels for
Nonvehicular Sources
§ 2299. Standards for Nonvehicular Diesel Fuel Used in
Diesel-Electric Intrastate Locomotives and
Harborcraft.
(a) Requirements.
(1 ) Standards for Nonvehicular Diesel Fuel Used in Harborcraft in the
South Coast Air Quality Management District (SCAQMD) Beginning
January 1, 2006. Beginning January 1, 2006, California nonvehicular
diesel fuel sold, offered for sale, or supplied within the SCAQMD for use
in harborcraft is subject to all of the requirements of Title 13 CCR sec-
tions 2281 (sulfur content), 2282 (aromatic hydrocarbons content) and
2284 (lubricity) applicable to vehicular diesel fuel, and shall be treated
under those sections as if it were vehicular diesel fuel.
(2) Standards for Nonvehicular Diesel Fuel Used in Intrastate Diesel-
Electric Locomotives and Harborcraft Beginning January 1, 2007. Be-
ginning January 1, 2007, California nonvehicular diesel fuel sold, of-
fered for sale, or supplied for use in diesel-electric intrastate locomotives
or harborcraft is subject to all of the requirements of title 13 CCR sections
2281 (sulfur content), 2282 (aromatic hydrocarbons content) and 2284
(lubricity) applicable to vehicular diesel fuel, and shall be treated under
those sections as if it were vehicular diesel fuel.
(3) Exemption for military specification fuel used in military vessels.
The requirements of this section do not apply to military specification
fuel that is sold, offered for sale, or supplied for use in marine vessels
owned or operated by the armed forces of the United States.
(b) Definitions.
(1) "California nonvehicular diesel fuel" means any diesel fuel that is
not vehicular diesel fuel as defined respectively in title 13 CCR sections
2281(b), 2282(b), or 2284(b) and that is sold or made available for use
in engines in California.
(2) "Diesel-electric locomotive" means a locomotive using electric
power provided by a diesel engine that drives a generator or alternator;
the electrical power produced then drives the wheels using electric mo-
tors.
(3) "Diesel fuel" means any fuel that is commonly or commercially
known, sold or represented as diesel fuel, including any mixture of pri-
marily liquid hydrocarbons that is sold or represented as suitable for use
in an internal combustion, compression-ignition engine.
(4) "Harborcraft" means any marine vessel that meets all of the follow-
ing criteria:
(A) The vessel does not carry a "registry" (foreign trade) endorsement
on its United States Coast Guard certificate of documentation, and is not
registered under the flag of a country other than the United States;
(B) The vessel is less than 400 feet in length overall (LOA) as defined
in 50 CFR § 679.2 as adopted June 19, 1996;
(C) The vessel is less than 10,000 gross tons (GT ITC) per the conven-
tion measurement (international system) as defined in 46 CFR §
69.51-.61, as adopted September 12, 1989; and
(D) The vessel is propelled by a marine diesel engine with a per-cylin-
der displacement of less than 30 liters.
(5) "Intrastate diesel-electric locomotive" means:
(A) A diesel-electric locomotive that operates within California for
which at least 90 percent of its annual fuel consumption, annual hours of
operation, or annual rail miles traveled occur within California. This defi-
nition would typically include, but not be limited to, diesel-electric loco-
motives used in the following operations: passenger intercity and com-
muter, short haul, short line, switch, industrial, port, and terminal
operations;
(B) An intrastate diesel-electric locomotive does not include those
diesel-electric locomotives that:
1 . Meet the U.S. Environmental Protection Agency Tier II locomotive
emission standards, and
2. Primarily move freight into and out of the South Coast Air Quality
Management District, and
3. Have been included as a diesel-electric locomotive operating in the
South Coast Nonattainment Area under paragraph IV. B. of the Memo-
randum of Mutual Understandings and Agreements for the South Coast
Locomotive Fleet Average Emissions Program, dated July 2, 1998.
(C) (This subsection reserved for consideration of diesel-electric lo-
comotives that meet the U.S. Environmental Protection Agency Tier II
Page 276.22
Register 2005, No. 27; 7-8-2005
Title 13
Air Resources Board
§ 2299.1
locomotive emission standards and primarily move freight within
California outside of the South Coast Air Quality Management District.)
(6) "Locomotive" means a piece of on-track equipment designed for
moving or propelling cars that are designed to carry freight, passengers
or other equipment, but which itself is not designed or intended to carry
freight, passengers (other than those operating the locomotive) or other
equipment.
(7) "Marine vessel" means any ship, boat, watercraft, or other artificial
contrivance used as a means of transportation on water.
(c) Alternative Emission Reduction Plan for Intrastate Diesel-Electric
Locomotives. For an owner or operator of an intrastate diesel-electric lo-
comotive who has submitted an alternative emission reduction plan
(plan) that contains a substitute fuel(s) and/or emission control strate-
gy^) and has been approved by the Executive Officer, compliance with
the alternative emission reduction plan (plan) shall constitute com-
pliance with the requirements of subsection (a)(2). In order to be ap-
proved, the plan must do all of the following:
(1) Identify or define the total fuel consumption and total emissions
that would be associated with the activities of the diesel-electric locomo-
tives were the owner or operator to comply with subsection (a)(2).
(2) Define a substitute fuel(s) and/or emission control strategy (s) for
the plan.
(3) Identify the emission reductions that are attributable to the substi-
tute fuel(s) and/or emission control strategy(s) relative to the emission re-
ductions achieved through compliance with subsection (a)(2).
(4) Demonstrate that the substitute fuel(s) and/or emission control
strategy(s) in the plan provide equivalent or better emission benefits than
would be achieved through compliance with subsection (a)(2). The emis-
sion benefits achieved under the plan shall be targeted towards residents
in those parts of the state most impacted by diesel-electric locomotive
emissions.
(5) The plan shall contain adequate enforcement provisions.
NOTE: Authority cited: Sections 39600, 39601, 43013 and 43018, Health and
Safety Code; and Western Oil and Gas Ass 'n. v. Orange Countv Air Pollution Con-
trol District, 14Cal. 3d41 1, 121 Cal.Rptr. 249(1975). Reference: Sections 39000,
39001, 39515, 39516, 4151 1, 43013, 43016 and 43018, Health and Safety Code;
and Western Oil and Gas Ass 'n. v. Orange Countv Air Pollution Control District,
14 Cal. 3d 41 1, 121 Cal. Rptr. 249 (1975).
History
1 . New chapter 5.1 (section 2299) and section filed 7-5-2005; operative 8-4-2005
(Register 2005, No. 27).
§ 2299.1 . Emission Limits and Requirements for Auxiliary
Diesel Engines and Diesel-Electric Engines
Operated on Ocean-Going Vessels Within
California Waters and 24 Nautical Miles of the
California Baseline.
(a) Purpose.
The purpose of this section is to reduce emissions of diesel particulate
matter (PM), nitrogen oxides, and sulfur oxides from the use of auxiliary
diesel engines and diesel-electric engines on ocean-going vessels within
any of the waters subject to this regulation ("Regulated California Wa-
ters").
(b) Applicability.
(1) Except as provided in subsection (c), this section applies to any per-
son who owns, operates, charters, rents, or leases any ocean-going vessel
that operates in any of the Regulated California Waters, which include
all of the following:
(A) all California internal waters;
(B) all California estuarine waters;
(C) all California ports, roadsteads, and terminal facilities (collective-
ly "ports");
(D) all waters within 3 nautical miles of the California baseline, start-
ing at the California-Oregon border and ending at the California-Mexico
border at the Pacific Ocean, inclusive;
(E) all waters within 12 nautical miles of the California baseline, start-
ing at the California-Oregon border and ending at the California-Mexico
border at the Pacific Ocean, inclusive;
(F) all waters within 24 nautical miles of the California baseline, start-
ing at the California-Oregon border to 34.43 degrees North, 1 21 .12 de-
grees West, inclusive; and
(G) all waters within the area, not including islands, between the
California baseline and a line starting at 34.43 degrees North, 121.12 de-
grees West; thence to 33.50 degrees North, 1 18.58 degrees West; thence
to 32.65 degrees North, 1 17.81 degrees West; and ending at the Califor-
nia-Mexico border at the Pacific Ocean, inclusive.
(2) Except as provided in subsection (c), this section applies to tanker
and nontanker ocean-going vessels that are flagged in, registered in, en-
titled to fly the Hag of, or otherwise operating under the authority of the
United States ("U.S. -flagged") or any other country ("foreign-
flagged").
(3) Nothing in this section shall be construed to amend, repeal, modify,
or change in any way any applicable U.S. Coast Guard requirements.
Any person subject to this section shall be responsible for ensuring com-
pliance with both U.S. Coast Guard regulations and the requirements of
this section, including but not limited to, obtaining any necessary approv-
als, exemptions, or orders from the U.S. Coast Guard.
(c) Exemptions.
(1) The requirements of this section do not apply to ocean-going ves-
sel voyages that are comprised of continuous and expeditious navigation
through any of the Regulated California Waters for the purpose of tra-
versing such bodies of water without entering California internal or es-
tuarine waters or calling at a port, roadstead, or terminal facility. "Contin-
uous and expeditious navigation" includes stopping and anchoring only
to the extent such stopping and anchoring are required by the U.S. Coast
Guard; rendered necessary by force majeure or distress; or made for the
purpose of rendering assistance to persons, ships, or aircraft in danger or
distress. This exemption does not apply to the passage of an ocean-going
vessel that engages in any of the prejudicial activities specified in United
Nations Convention on the Law of the Seas (UNCLOS) 1982, Article 19,
subpart 2. Further, notwithstanding any Coast Guard mandated stops or
stops due to force majeure or the rendering of assistance, this exemption
does not apply to a vessel that was otherwise scheduled or intended to en-
ter California internal or estuarine waters or call at a port, roadstead or
terminal facility.
(2) The requirements of this section do not apply to slow-speed two-
stroke diesel engines as defined in subsection (d).
(3) The requirements of this section do not apply to auxiliary engines
on-board ocean-going vessels owned or operated by any branch of local,
state, federal government, or by a foreign government, when such vessels
are operated within the Regulated California Waters on government
non-commercial service. However, such vessels are encouraged to act
in a manner consistent, so far as is reasonable and practicable, with this
section.
(4) The requirements of this section do not apply to auxiliary engines
while operating on liquefied natural gas or compressed natural gas.
(5) The requirements of this section, including the payment of Non-
compliance Fees as provided in subsection (h), do not apply to the master
of the vessel ("master") if the master reasonably and actually determines
that compliance with this section would endanger the safety of the vessel,
its crew, its cargo or its passengers because of severe weather conditions,
equipment failure, fuel contamination, or other extraordinary reasons be-
yond the master's reasonable control. This exemption applies only as
long as and to the extent necessary to secure the safety of the vessel, its
crew, its cargo, or its passengers and provided that;
(A) the master takes all reasonable precautions after the conditions ne-
cessitating the exemption have ended to avoid or minimize repeated
claims of exemption under this subsection;
(B) the master notifies the Executive Officer of a safety exemption
claim within 24 hours after the end of each such episode (i.e., the period
of time during which the emergency conditions exist that necessitate the
safety exemption claim, as provided in paragraph (5) above); and
(C) the master submits to the Executive Officer, within 4 working days
after the notification in paragraph (B) above, all documentation neces-
Page 276.23
Register 2008, No. 27; 7-4-2008
§ 2299.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
sary to establish the conditions necessitating the safety exemption and
the date(s). local time, and position of the vessel (longitude and latitude)
in Regulated California Waters at the beginning and end of the time peri-
od during which a safety exemption is claimed under this subsection. All
documentation required under this paragraph shall be provided in Eng-
lish.
(d) Definitions.
For purposes of this section, the following definitions apply:
(1) "ASTM" means ASTM International.
(2) 'Auxiliary engine" means an engine on an ocean-going vessel de-
signed primarily to provide power for uses other than propulsion, except
that all diesel-electric engines shall be considered "auxiliary diesel en-
gines" for purposes of this regulation.
(3) '"Baseline" means the mean lower low water line along the Califor-
nia coast, as shown on the following National Oceanic and Atmospheric
Administration (NOAA) Nautical Charts as authored by the NOAA Of-
fice of Coast Survey, which are incorporated herein by reference:
(A) Chart 18600, Trinidad Head to Cape Blanco (January 2002);
(B) Chart 18620, Point Arena to Trinidad Head (June 2002);
(C) Chart 18640, San Francisco to Point Arena (August 2005);
(D) Chart 18680, Point Sur to San Francisco (June 2005);
(E) Chart 18700, Point Conception to Point Sur (July 2003);
(F) Chart 18720, Point Dume to Purisima Point (January 2005); and
(G) Chart 18740, San Diego to Santa Rosa Island (April 2005).
(4) "Compliance Period" means the calendar year or other continuous
period during which an approved Alternative Control of Emissions
(ACE) plan is or will be in effect as specified in subsection (g).
(5) "Diesel Engine" means an internal combustion, compression-igni-
tion (CI) engine with operating characteristics significantly similar to the
theoretical diesel combustion cycle. The regulation of power by control-
ling fuel supply in lieu of a throttle is indicative of a compression ignition
engine.
(6) "Diesel Particulate Matter" means the particles found in the ex-
haust of diesel engines, which may agglomerate and adsorb other species
to form structures of complex physical and chemical properties.
(7) "Diesel-electric engine" means a diesel engine connected to a gen-
erator that is used as a source of electricity for propulsion or other uses.
(8) "Emission Control Strategy" means any device, system, or strategy
employed to reduce emissions from a diesel engine, including, but not
limited to, utilization of shore-side electrical power, diesel oxidation cat-
alysts, selective catalytic reduction systems, diesel particulate filters, al-
ternative diesel fuels, water emulsified fuels, lower sulfur fuels, and any
combination of the above.
(9) "Estuarine Waters" means an arm of the sea or ocean that extends
inland to meet the mouth of a river.
(10) "Executive Officer" means the executive officer of the Air Re-
sources Board (ARB), or his or her designee.
(11) "Hydrocarbon (HC)" means the sum of all hydrocarbon air pollut-
ants.
(12) "Internal Waters" means any navigable river or waterway within
the State of California.
(13) "IMO" means the International Maritime Organization.
(14) "ISO" means the International Organization for Standardization.
(15) "Marine Diesel Oil" means any fuel that meets all the specifica-
tions for DMB grades as defined in Table I of Internationa] Standard ISO
8217, as revised in 2005, which is incorporated herein by reference.
(16) "Marine Gas Oil" means any fuel that meets all the specifications
for DMX or DMA grades as defined in Table I of International Standard
ISO 8217, as revised in 2005, which is incorporated herein by reference.
(17) "Master" means the person who operates a vessel oris otherwise
in charge of the vessel's operations.
(18) "Military Vessel" means any ship, boat, watercraft, or other con-
trivance used for any purpose on water, and owned or operated by the
armed services.
(19) "Nitrogen Oxides (NOx)" means compounds of nitric oxide
(NO), nitrogen dioxide (N02), and other oxides of nitrogen, which are
typically created during combustion processes and are major contribu-
tors to smog formation and acid deposition.
(20) "Non-Methane Hydrocarbons (NMHC)" means the sum of all
hydrocarbon air pollutants except methane.
(21) "Ocean-going Vessel" means a commercial, government, or mil-
itary vessel meeting any one of the following criteria:
(A) a vessel with a "registry" (foreign trade) endorsement on its United
States Coast Guard certificate of documentation, or a vessel that is regis-
tered under the flag of a country other than the United States;
(B) a vessel greater than or equal to 400 feet in length overall (LOA)
as defined in 50 CFR § 679.2, as adopted June 19, 1996;
(C) a vessel greater than or equal to 10,000 gross tons (GT ITC) pur-
suant to the convention measurement (international system) as defined
in 46 CFR 69.51-.61, as adopted September 12, 1989; or
(D) a vessel propelled by a marine compression ignition engine with
a per-cylinder displacement of greater than or equal to 30 liters.
(22) "Operate" means steering or otherwise running the vessel or its
functions while the vessel is underway, moored, anchored, or at dock.
(23) "Own" means having all the incidents of ownership, including the
legal title, of a vessel whether or not that person lends, rents, or pledges
the vessel; having or being entitled to the possession of a vessel as the
purchaser under a conditional sale contract; or being the mortgagor of a
vessel.
(24) "Particulate Matter" means any airborne finely divided material,
except uncombined water, which exists as a liquid or solid at standard
conditions (e.g., dust, smoke, mist, fumes or smog).
(25) "Person" includes all of the following:
(A) any person, firm, association, organization, partnership, business
trust, corporation, limited liability company, or company;
(B) any state or local governmental agency or public district, or any
officer or employee thereof;
(C) the United States or its agencies, to the extent authorized by federal
law.
(26) "Regulated California Waters" means all of the following:
(A) all California internal waters;
(B) all California estuarine waters;
(C) all California ports, roadsteads, and terminal facilities (collective-
ly "ports");
(D) all waters within 3 nautical miles of the California baseline, start-
ing at the California-Oregon border and ending at the California-Mexico
border at the Pacific Ocean, inclusive;
(E) all waters within 12 nautical miles of the California baseline, start-
ing at the California-Oregon border and ending at the California-Mexico
border at the Pacific Ocean, inclusive;
(F) all waters within 24 nautical miles of the California baseline, start-
ing at the California-Oregon border to 34.43 degrees North, 121.12 de-
grees West, inclusive; and
(G) all waters within the area, not including any islands, between the
California baseline and a line starting at 34.43 degrees North, 1 21 . 1 2 de-
grees West; thence to 33.50 degrees North, 1 18.58 degrees West; thence
to 32.65 degrees North, 1 17.81 degrees West; and ending at the Califor-
nia-Mexico border at the Pacific Ocean, inclusive.
(27) "Roadstead" means any facility that is used for the loading, un-
loading, and anchoring of ships.
(28) "Slow Speed Engine" means an engine with a rated speed of 150
revolutions per minute or less.
(29) "Sulfur Oxides" means compounds of sulfur dioxide (SO2), and
other oxides of sulfur, which are typically created during combustion of
sulfur containing fuels.
(30) "Tanker" means a self-propelled vessel constructed or adapted
primarily to carry, or that carries, oil or hazardous material in bulk as car-
go or cargo residue.
(31) "Two-stroke Engine" means an internal combustion engine
which operates on a two stroke cycle where the cycle of operation com-
pletes in one revolution of the crankshaft.
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Air Resources Board
§ 2299.1
(32) "Vessel" means any tugboat, tanker, freighter, passenger ship,
barge, or other boat, ship, or watercraft, except those used primarily for
recreation and any of the following:
(A) a seaplane on the water;
(B) a watercraft specifically designed to operate on a permanently
fixed course, the movement of which is restricted to a fixed track or arm
to which the watercraft is attached or by which the watercraft is con-
trolled.
(e) Requirements.
(1) Emission Limits.
Except as provided in subsections (c), (g) and (h), no person subject
to this section shall operate any auxiliary diesel engine, while the vessel
is operating in any of the Regulated California Waters, which emits lev-
els of diesel PM, NOx, or SOx in exceedance of the emission rates of
those pollutants that would result had the engine used the following fuels:
(A) Beginning January 1, 2007:
1. marine gas oil, as defined in subsection (d); or
2. marine diesel oil, as defined in subsection (d), with a sulfur content
of no more than 0.5 percent by weight;
(B) Beginning January 1 , 201 0: marine gas oil with a sulfur content of
no more than 0. 1 percent by weight.
(C) Compliance with subsection (e)(1) is presumed if the person oper-
ates the regulated engine(s) with the fuels as specified in subsection
(e)(1)(A) and (e)(1)(B).
(2) Recordkeeping, Reporting, and Monitoring Requirements.
(A) Recordkeeping.
Beginning January 1, 2007, any person subject to this section shall re-
tain and maintain records in English that contain the following informa-
tion for at least three years following the date when the records were
made:
1 . The date, local time, and position (longitude and latitude) of the ves-
sel for each entry into and departure from any of the Regulated California
Waters, excluding any voyages exempted from the requirements of this
section under subsection (c)(1);
2. The date, local time, and position (longitude and latitude) of the ves-
sel at the initiation and completion of any fuel switching procedures used
to comply with subsection (e)(1) prior to entry into any of the Regulated
California Waters;
3. The date, local time, and position (longitude and latitude) of the ves-
sel at the initiation and completion of any fuel switching procedures with-
in any of the Regulated California Waters; completion of fuel switching
procedures occurs the moment all engines subject to this section have
completely transitioned from operation on one fuel to another fuel;
4. The type of each fuel used (e.g. marine gas oil) in each auxiliary en-
gine operated in any of the Regulated California Waters; and
5. The types, amounts, and the actual percent by weight sulfur content
of all fuels purchased for use on the vessel, as reported by the fuel suppli-
er or a fuel testing firm.
(B) Reporting and Monitoring.
1. Any person subject to this section shall provide in writing the in-
formation specified in subsection (e)(2)(A) to the Executive Officer upon
request, either within 24 hours or by a later date approved by the Execu-
tive Officer on a case-by-case basis. To the extent the person already col-
lects the information specified in subsection (e)(2)(A) in English to com-
ply with other regulatory requirements or standard practices, the person
may provide the requested information in a format consistent with those
other regulatory requirements or standard practices.
2. Any person subject to this section shall provide to the Executive Of-
ficer upon request additional information the Executive Officer deter-
mines to be necessary to determine compliance with this section, includ-
ing, but not limited to:
a. the make, model, rated power, and serial numbers of all auxiliary en-
gines subject to subsection (e)(1);
b. the capacity and locations of all fuel tanks on the vessel; and
c. piping diagrams and specifications for mixing tanks or other fuel
handling equipment applicable to auxiliary engines.
3. Any person subject to this section shall provide to the Executive Of-
ficer access to the vessel for the purpose of determining compliance with
this section, including but not limited to, access to and review of records
and information required under subsection (e)(2)(A) or (e)(2)(B)2., and
for the purpose of collecting fuel samples for testing and analysis.
(f) Violations.
(1) Any person who is subject to this section and commits a violation
of any provision, standard, criteria or requirement in this section is sub-
ject to the penalties, injunctive relief, and other remedies specified in
Health and Safety Code, section 42400 et seq.; other applicable sections
in the Health and Safety Code; and other applicable provisions as pro-
vided under California law for each violation. Nothing in this section
shall be construed to limit or otherwise affect any applicable penalties or
other remedies available under federal law.
(2) Any failure to meet any provision, standard, criteria or requirement
in this section, including but not limited to the applicable emission limits;
recordkeeping requirements; Noncompliance Fee provision; and Alter-
native Control of Emissions (ACE) provision, including the require-
ments of any approved ACE plans, shall constitute a single, separate
violation of this section for each hour that a person operates an ocean-go-
ing vessel within the Regulated California Waters until such provision,
standard, criteria or requirement has been met.
(3) Any person who is subject to this section is liable for meeting the
requirements of this section, notwithstanding any contractual arrange-
ment that person may have with any third-parties.
(g) Alternative Control of Emissions (ACE) Plan In Lieu of Meeting
Subsection (e)(1).
For purposes of this subsection, the terms "ACE" and "ACE plan"
shall have the same meaning, unless otherwise noted.
(1) Requirements.
(A) The purpose of this subsection is to allow any person ("person" or
"applicant") the option of complying with the requirements of this sub-
section (g) in lieu of the requirements of subsection (e)(1). Under this
subsection (g), alternative emission control strategies can be implement-
ed in lieu of meeting the requirements of subsection (e)(l ), provided the
alternative strategies result in emissions of diesel PM, NOx, and SOx
from the auxiliary diesel engines that are no greater than the emissions
that would have occurred under subsection (e)(1), over the applicable
compliance period.
(B) An applicant wishing to participate in an ACE may include one or
more vessels in the ACE, but the applicant shall only include vessels that
the person owns or operates under their direct control. For purposes of
this subsection, "direct control" shall include, but not be limited to, ves-
sels for which the applicant has a contract, lease, or other arrangement
with a third-party for the third-party to operate the vessel.
(C) No vessel shall be included in more than one ACE plan.
(D) No ACE plan shall have a compliance period greater than 1 calen-
dar year or a continuous 12-month period. Except as provided in para-
graph (E) below, upon completion of a compliance period, an approved
ACE plan shall continue to be in effect for another compliance period of
equal length, provided the following are met:
J . the applicant provides updated information for all elements of the
approved ACE plan to the Executive Officer at least 30 days prior to the
end of the first compliance period; and
2. the updated information demonstrates that compliance with this
subsection will continue for the next compliance period.
(E) No ACE plan shall be extended for another compliance period if:
1. the Executive Officer has determined that violations of the ACE
provisions have occurred and the Executive Officer revokes the ACE
plan as specified in subsection (g)(3);
2. the applicant elects to cancel an approved ACE plan. Applicants
who cancel operation under an approved ACE are subject to the emission
requirements of subsection (e)(1) and all other requirements of this sec-
tion upon the effective date of the cancellation. An ACE plan that is can-
celled prior to the end of its approved compliance period shall have its
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§ 2299.1
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compliance period adjusted to end at the effective date of cancellation;
or
3. the applicant proposes to substantially change the alternative emis-
sion control strategies in their approved ACE plan, as determined by the
Executive Officer. Applicants proposing to substantially change the al-
ternative emission control strategies in their ACE plan shall be subject
to the application process for new applications, as specified in subsection
(g)(2).
(F) In addition to other requirements specified in this subsection (g),
no proposed ACE plan shall be approved unless the applicant demon-
strates to the satisfaction of the Executive Officer all of the following:
1. the alternative emission control strategies under the proposed ACE
plan will result in emissions of diesel PM, NOx, and SOx from the auxil-
iary diesel engines that are no greater than the emissions that would have
occurred under subsection (e)(1) over the applicable compliance period;
and
2. surplus emission reductions achieved at one port will not result in
increased emissions at a second port, relative to the emissions that would
have occurred at the second port prior to implementation of this section.
(G) Emission control strategy is as defined in subsection (d)(8).
(H) The ACE plan application demonstrating compliance with this
subsection shall contain, at a minimum, the following information:
1 . the company name, address, and contact information;
2. the vessel(s) name, country flag, and IMO identification number;
3. the make, model, serial numbers and other information that unique-
ly identify each engine on the affected vessel(s) subject to the ACE;
4. documentation, calculations, emissions test data, or other informa-
tion that demonstrates that the emission reductions from the auxiliary en-
gines subject to the ACE will be equi valent to or greater than the emission
reductions that would have been achieved upon compliance with subsec-
tion (e)(1). The emission reductions shall be calculated for diesel PM,
NOx, and SOx, and shall be expressed in pounds of each pollutant;
5. information on the California ports expected to be visited by the af-
fected vessel(s) during the compliance period that the ACE will be in ef-
fect, the anticipated dates of those visits, and the potential planned over-
sea routes to and from these ports; and
6. the proposed recordkeeping, reporting, monitoring, and testing pro-
cedures that the applicant plans to use to demonstrate continued com-
pliance with the ACE.
(I) Emission reduction calculations used to demonstrate equivalence
with the requirements of subsection (e)(1) shall include only diesel PM,
NOx, and SOx emissions from auxiliary engines operating within any of
the Regulated California Waters.
(J) Use of Shore-Side Power.
1. Except as otherwise provided in this subsection (g)(l)(J), vessels in
an ACE that utilize shore-side power in lieu of their auxiliary diesel en-
gines while at dockside shall be considered to meet the emission reduc-
tion requirements of the ACE during:
a. all travel within Regulated California Waters from a previous port
to the California port terminal where shore-side power is used;
b. time spent secured ("docked") at the California port terminal where
shore-side power is used; and
c. all travel within Regulated California Waters from the California
port where shore-side power is utilized to the next port visited.
2. For the purposes of paragraph 1 above, "utilizing shore-side power"
means:
a. connecting to electricity supplied by a utility company, or another
source with emissions per unit of delivered energy equivalent to or lower
than the January 1, 2007 levels specified in title 17, CCR, sections
94200-94214, "Distributed Generation Certification Program;" and
b. shutting down all auxiliary engines subject to this control measure
no later than one hour after the vessel is secured at the port terminal, and
continuously thereafter until no more than one hour prior to when the ves-
sel leaves the terminal.
3. Except as otherwise provided in paragraph 5 below, if a vessel oper-
ating under an approved ACE visits two California ports in succession,
and the vessel utilizes shore-side power at the first port but not at the se-
cond port visited, the vessel shall not be considered to meet the emission
reduction requirements of the ACE during the time it is docked at the se-
cond port and any subsequent travel within Regulated California Waters
from this port.
4. Except as otherwise provided in paragraph 5 below, if a vessel oper-
ating under an approved ACE visits two California ports in succession,
and the vessel utilizes shore-side power at the second port but not at the
first port visited, the vessel shall not be considered to meet the emission
reduction requirements of the ACE during travel within Regulated
California Waters to this first port or during the time the vessel is docked
at the first port. Travel from the first port to the second port where shore-
side power is utilized shall be deemed to meet the emission reduction re-
quirements of the ACE.
5. The provisions in paragraphs 3 and 4 above notwithstanding, if a
passenger cruise vessel operating under an approved ACE visits a
California port, utilizes shore-side power at that port, then leaves that
port and moors (i.e., drops anchor) at another offshore location away
from a port, roadstead or terminal facility (e.g., Catalina Island or off
Monterey), the mooring stop shall not be deemed as a second port visit.
However, a person subject to this provision shall meet the emission limits
in subsection (e)(1) for all auxiliary diesel engines on the passenger
cruise vessel (i.e., all diesel-electric engines) during the entire time the
vessel is moored.
(K) Any person subject to an approved ACE shall maintain operating
records in a manner and form as specified by the Executive Officer in the
approved ACE. Required records may include, but are not limited to, in-
formation on fuel usage, routes, port calls, maintenance procedures, and
emissions test results. Such records and reports shall be retained for a pe-
riod of not less than three (3) years and shall be submitted to the Execu-
tive Officer in the manner specified in the approved ACE and upon re-
quest by the Executive Officer, either within 24 hours or by a later date
approved by the Executive Officer.
(L) Emission reductions included in an ACE shall not include reduc-
tions that are otherwise required by any State, federal or international
rule, regulation, or statute.
(M) No person may comply with this section by operating under an
ACE unless the applicant has first been notified in writing by the Execu-
tive Officer that the ACE application has been approved. Prior to such
approval, applicants shall comply with the provisions of this section, in-
cluding the emission limits in subsection (e)(1).
(N) No person may comply with this section by operating under an
ACE that has been revoked as provided in subsections (g)(2)(G) and
(g)(3).
(2) Application Process.
(A) Applications for an ACE shall be submitted in writing to the
Executive Officer for evaluation.
(B) The Executive Officer shall establish an internet site ("ACE inter-
net site") in which all documents pertaining to an ACE application will
be made available for public review. The Executive Officer shall also
provide a copy of all such documents to each person who has requested
copies of the documents; these persons shall be treated as interested par-
ties. The Executive Officer shall provide two separate public comment
periods during the ACE Application process, as specified in this subsec-
tion (g)(2).
(C) Completeness Determination.
Within 15 days after receiving an ACE application, the Executive Of-
ficer shall notify the applicant whether the application is deemed suffi-
ciently complete to proceed with further evaluation. If the application is
deemed incomplete, the notification shall identify the application's defi-
ciencies. The Executive Officer shall have an additional 15-day period
for reviewing each set of documents or information submitted in re-
sponse to an incomplete determination. Nothing in this subsection pro-
hibits the Executive Officer from requesting additional information from
the applicant, during any part of the ACE application process, which the
Executive Officer determines is necessary to evaluate the application.
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§ 2299.1
•
•
(D) Notice of Completeness and 30-Day First Public Comment Peri-
od.
After an ACE application has been deemed complete, the Executive
Officer shall provide a 30-day public comment period to receive com-
ments on any element of the ACE application and whether the Executive
Officer should approve or disapprove the ACE application based on the
contents and merits of the application. The Executive Officer shall notify
all interested parties of the following:
1 . the applicant(s);
2. the start and end dates for the 30-day first comment period; and
3. the address of the ACE internet site where the application is posted.
The Executive Officer shall also make this notification available for
public review on the ACE internet site.
(E) Proposed Action and 15-Day Second Public Comment Period.
Within 30 days after the first public comment period ends, the Execu-
tive Officer shall notify the applicant and all interested parties of ARB's
proposed approval or disapproval. This notification shall propose to ap-
prove the application as submitted, disapprove the application, or ap-
prove the ACE application with modifications as deemed necessary by
the Executive Officer. The notification shall identify the start and end
dates for the 15-day second public comment period. During the second
public comment period, any person may comment on the Executive Offi-
cer's proposed approval or disapproval of the ACE application and any
element of the application. The Executive Officer shall also make this no-
tification available for public review on the ACE internet site.
(F) Final Action.
Within 15 days after the second public comment period ends, the
Executive Officer shall take final action to either approve or deny an
ACE application and shall notify the applicant accordingly. If the ap-
plication is denied or modified, the Executive Officer shall state the rea-
sons for the denial or modification in the notification. The notification to
the applicant and approved ACE plan, if applicable, shall be made avail-
able to the public on the ACE internet site. In addition, the Executive Of-
ficer shall consider and address all comments received during the first
and second public comment periods, and provide responses to each com-
ment on the ACE internet site.
(G) Notification to the Executive Officer of Changes to an Approved
ACE.
The applicant shall notify the Executive Officer in writing within 30
days upon learning of any information that would alter the emissions esti-
mates submitted during any part of the ACE application process. If the
Executive Officer has reason to believe that an approved ACE has been
granted to a person that no longer meets the criteria for an ACE, the
Executive Officer may, pursuant to subsection (g)(3) below, modify or
revoke the ACE as necessary to assure that the applicant and subject ves-
sels) will meet the emission reduction requirements in this section.
(3) Revocation or Modification of Approved ACEs.
With 30-days notice to the ACE holder, the Executive Officer may re-
voke or modify, as needed, an approved ACE if there have been multiple
violations of the ACE provisions or the requirements of the approved
ACE plan; or if the Executive Officer has reason to believe that an ap-
proved ACE has been granted that no longer meets the criteria or require-
ments for an ACE or the applicant can no longer comply with the require-
ments of the approved ACE in its current form. Public notification of a
revocation or modification of an approved ACE shall be made available
on the ACE internet site.
(h) Noncompliance Fee In Lieu of Meeting Subsection (e)(1).
The Executive Officer may permit a person to pay noncompliance fees
in lieu of meeting the requirements of subsection (e)(1). Payment of the
fees notwithstanding, all other provisions of this section shall continue
to apply. No person shall be permitted to pay the fees unless the person
meets the notification requirements in subsection (h)(1) and the require-
ments in either subsections (h)(2), (h)(3), or (h)(4), as specified below:
(I) Notification Requirements.
Before the person's vessel enters Regulated California Waters, the
Executive Officer must receive notice that the person will not meet the
requirements of subsection (e)(1) while operating within Regulated
California Waters, but the person will instead meet the requirements of
this subsection (h). If the Executive Officer has not received such notice
and the person enters Regulated California Waters, the person will be in
violation of this section and will not be permitted to pay the fees in lieu
of meeting the requirements of subsection (e)(1).
(2) Noncompliance for Reasons Beyond a Person's Reasonable Con-
trol.
Any person wishing to pay the fees under this subsection (h)(2) shall
meet the following criteria:
(A) Demonstration of Need.
The person shall, through adequate documentation, demonstrate to the
Executive Officer's satisfaction that the person's noncompliance with
the requirements of subsection (e)(1) is beyond the person's reasonable
control. For the purposes of this paragraph, "beyond the person's reason-
able control" applies only when one or more of the following sets of cir-
cumstances (1, 2, or 3) applies:
1. Unplanned Redirection.
This provision applies only when all of the following criteria are met:
a. after leaving the last port of call, the person's vessel was redirected
from his/her original, officially logged, non-California destination to a
California port, roadstead, or terminal facility ("port"); and
b. the vessel does not contain a quantity of fuel sufficient for the auxil-
iary engines to meet the requirements of subsection (e)(1) and cannot
comply using the alternative emission control strategies under an ap-
proved ACE.
2. Inadequate Fuel Supply.
This provision applies only when all of the following criteria are met:
a. the person made good faith efforts to acquire a quantity of fuel suffi-
cient for the vessel's auxiliary engines to meet the requirements of sub-
section (e)(1); and
b. the person was unable to acquire fuel sufficient for the engines to
meet the requirements of subsection (e)(1) and cannot comply using the
alternative emission control strategies under an approved ACE.
3. Inadvertent Purchase of Defective Fuel.
This provision applies only when all of the following criteria are met:
a. based on the fuel supplier's certification of the fuel specifications,
the person reasonably believed, and relied on such belief, that the fuel the
person purchased on the route from the vessel's home port to California
would enable the auxiliary engines to meet the requirements of subsec-
tion (e)(1);
b. the person determined that the vessel's auxiliary engines in fact will
not meet the requirements of subsection (e)(1) using any of the fuel pur-
chased under paragraph 3. a. above and the person cannot comply using
the alternative emission control strategies under an approved ACE; and
c. the vessel is already on its way to California, and there are no other
ports of call on the vessel's route where fuel can be purchased sufficient
to meet the requirements of subsection (e)(1).
(B) Payment of Fees.
Upon meeting the requirements of paragraph (A) in this subsection
(h)(2), the person shall pay the fees for every port visit, as specified in
subsection (h)(5) below.
(C) Executive Officer Review.
For the purposes of verifying the demonstration of need as specified
in paragraph (A) above, the Executive Officer may consider and rely on
any facts or circumstances the Executive Officer believes are appropri-
ate, including but not limited to: the fuel supplier's ability or failure to
provide adequate fuel ordered by the person; any material misrepresenta-
tion by the fuel supplier concerning the fuel specifications; the reason-
ableness of the person's reliance on fuel suppliers with a history of sup-
plying fuel inadequate for meeting the requirements of subsection (e)( 1);
and force majeure.
(3) Noncompliance for Vessels to Be Taken Out of Service for Modi-
fications.
If a person cannot meet the requirements of subsection (e)(1) without
vessel modifications, and such modifications cannot be completed prior
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§ 2299.1
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to the effective date of subsection (e)(1), the Executive Officer may per-
mit the person to pay the fees as specified in this subsection. This provi-
sion also applies to vessels that will undergo modifications pursuant to
an Executive Officer approved Alternative Control of Emissions (ACE)
Plan. The vessel must be scheduled to complete the necessary modifica-
tions (e.g. during a dry dock operation) as soon as possible, but no later
than 5 years after the effective date of this section. For this provision to
apply, the person shall meet all of the following criteria:
(A) Demonstration of Need.
The person shall provide the Executive Officer a Compliance Retrofit
Report, signed by the Chief Engineer of the person's vessel, which:
1. identifies the specific vessel modifications ("modifications") (e.g.
installation of additional fuel tanks) the person plans to use for meeting
the requirements of subsection (e)(1) or an ACE Plan;
2. identifies the specific date by which the modifications will be com-
pleted (e.g. while the vessel is in dry dock); and
3. demonstrates to the satisfaction of the Executive Officer that the
modifications will be made at the earliest possible date (e.g. the vessel
has been scheduled for the earliest available dry dock appointment).
(B) Payment of Fees.
Upon meeting the requirements of paragraph (A) in this subsection
(h)(3), the person shall pay the fees for every port visit, as specified in
subsection (h)(5) below.
(C) Proof of Modifications Actually Performed.
Within ten (10) business days after the scheduled or actual completion
of the modifications, whichever occurs first, the person shall provide
written certification to the Executive Officer that the modifications spe-
cified under this subsection (h)(3) have been completed. If the modifica-
tions have not been completed, the person shall certify which modifica-
tions have been completed, which have not, and the anticipated
completion date for the remaining modifications. The notification re-
quirement specified in this paragraph, the notification requirements in
subsection (h)(1) above, and the fee provisions in subsection (h)(5) be-
low shall apply until all the modifications have been completed.
(4) Noncompliance Based on Infrequent Visits and Need for Vessel
Modifications.
If a person cannot meet the requirements of subsection (e)(1) without
modifications for the vessel at issue, and that vessel will make no more
than two California port visits per calendar year, and no more than 4
California port visits after January 1, 2007 during the life of the vessel,
the Executive Officer may permit the person to pay the fees as specified
in this subsection.
(A) Demonstration of Need.
The person shall demonstrate to the satisfaction of the Executive Offi-
cer that modifications to the vessel are necessary to meet the require-
ments of subsection (e)(1), and that the vessel shall meet the visitation
limits specified in this subsection (h)(4).
(B) Payment of Fees.
Upon meeting the requirements of paragraph (A) above, the person
shall pay the fees for every port visit up to a maximum of 4 visits, as speci-
fied in subsection (h)(5) below.
(5) Calculation and Payment of Fees.
For each port visit, the person who elects to pay the fees pursuant to
this subsection (h) shall pay the applicable fees shown in Table 1 . For
purposes of this provision, "port visit" shall include all stops at a port,
roadstead, or terminal facility in Regulated California Waters, as well as
all moorings (i.e., the ship drops anchor) at an offshore location in Regu-
lated California Waters away from a port, roadstead or terminal facility
(e.g., Catalina Island or off Monterey). For each port visit, the person
shall deposit the fees in the port's Noncompliance Fee Settlement and Air
Quality Mitigation Fund prior to leaving the California port or by a later
date approved by the Executive Officer on a case-by-case basis:
(A) After January 1, 2007, each instance of a vessel stopping or an-
choring at a port or offshore in Regulated California Waters shall count
as one port visit, and the port visits shall be cumulative.
Table 1: Noncompliance Fee Schedule. Per Vessel
Visit
Fee
Diesel-Electric
Vessels
Other Vessels
$32,500
$13,000
$65,000
$26,000
$97,500
$39,000
$130,000
$52,000
$162,500
$65,000
] sl Port Visited
2nd Port Visited
3rd Port Visited
4th Port Visited
5th or more Port Visited
(B) The fees shown in Table 1 shall be assessed by the Executive Offi-
cer at the time of the port visit. However, if for any reason the person is
not notified by the Executive Officer of the assessed fee by the end of the
port visit, the person shall nevertheless be responsible for payment of the
appropriate fee as specified in this subsection (h) prior to leaving the
California port or by a later date approved by the Executive Officer on
a case-by-case basis.
(C) The Executive Officer shall enter into enforceable agreements
with each port that will receive the fees. The agreements shall require that
the fees be used by the ports only to fund projects that will substantially
reduce emissions of diesel PM, NOx, and SOx from on-site sources,
sources within 2 miles of port boundaries, or ocean-going vessels oper-
ated within the Regulated California Waters, except that the fees shall not
be used to fund projects on vessels from which noncompliance fees were
paid. Fees intended for ports that do not have such agreements at the time
the fees are paid shall be deposited into the California Air Pollution Con-
trol Fund.
(i) Test Methods.
The following test methods or alternative test methods that are demon-
strated to the written satisfaction of the Executive Officer to be equally
or more accurate, shall be used to determine compliance with this sec-
tion:
(1) Test methods used to determine whether fuels meet the require-
ments of marine gas oil (DMA or DMX) or marine diesel oil (DMB), as
specified in subsection (e)(1), shall be the methods specified in Interna-
tional Standard ISO 8217 (as revised in 2005), which is incorporated
herein by reference.
(2) The sulfur content of fuels shall be determined pursuant to Interna-
tional Standard ISO 8754 (as adopted in 2003), which is incorporated
herein by reference.
(j) Sunset, Technology Re-evaluation, and Baseline and Test Method
Review.
(1) If the Executive Officer determines that the International Maritime
Organization or the United States Environmental Protection Agency
have adopted regulations for auxiliary diesel engines and diesel-electric
engines that will achieve equivalent or greater emission reductions from
ocean-going vessels in California compared to the emission reductions
resulting from this regulation, the Executive Officer shall propose to the
Board for its consideration the termination of the requirements of this
section or other modifications to the section as deemed appropriate by the
Executive Officer.
(2) On or before July 1, 2008, the Executive Officer shall re-evaluate
the feasibility of the emission limits based on using marine gas oil with
no greater than 0.1 percent sulfur by weight specified in subsection
(e)(1)(B). The re-evaluation shall consider, but not be limited to:
(A) the availability of 0.1 percent sulfur marine gas oil at bunkering
ports worldwide;
(B) the ability of petroleum refiners and marine fuel suppliers to deliv-
er 0.1 percent sulfur fuel by January 1, 2010;
(C) fuel lubricity;
(D) compatibility of the 0.1 percent sulfur marine gas oil with heavy
fuel oil during fuel transitions; and
(E) the additional cost of 0. 1 percent sulfur fuel compared to marine
gas oil with other sulfur content levels.
•
Page 276.28
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Title 13
Air Resources Board
§2300
•
•
(3) Pursuant to paragraph (2) of this subsection (j), if the Executive Of-
ficer determines that modifications to subsection (e)(J )(B) are necessary,
the Executive Officer shall propose appropriate changes to the Board
prior to January 1, 2009.
(4) The Executive Officer shall periodically review the California
baseline determinations by the National Oceanic and Atmospheric Ad-
ministration (NOAA) to determine if updates to the baseline maps incor-
porated by reference in this section are necessary. If modifications to the
baseline maps are determined to be necessary, the Executive Officer shall
conduct a public hearing as soon as practicable to amend this section ac-
cordingly.
(5) The Executive Officer shall periodically review the test methods
incorporated by reference in this section to determine if updates to the
referenced methods are necessary. If updates to the test methods are de-
termined to be necessary, the Executive Officer shall conduct a public
hearing as soon as practicable to amend this section accordingly.
(k) Severability.
Each part of this section shall be deemed severable, and in the event
that any part of this section is held to be invalid, the remainder of this sec-
tion shall continue in full force and effect.
NOTE: Authority cited: Sections 39600, 39601, 41511, 43013 and 43018, Health
and Safety Code. Reference: Sections 39000, 39001 , 395 1 5, 395 1 6, 4 1 5 1 0, 41 5 1 1 ,
4301 3, 43016 and 4301 8, Health and Safety Code; and Western Oil and Gas Ass 'n
v. Orange County Air Pollution Control District, 14Cal.3rd 411, 121 Cal.Rptr.
249 (1975).
History
1. New section filed 12-6-2006; operative 12-6-2006 pursuant to Government
Code section 11343.4 (Register 2006, No. 49).
2. Change without regulatory effect amending subsections (b)(1)(G) and
(d)(26)(G) filed 7-2-2008 pursuant to section 100, title 1, California Code of
Regulations (Register 2008, No. 27).
Chapter 8. Clean Fuels Program
§ 2300. Definitions.
(a) The following definitions apply to Chapter 8.
(1) "Affiliate" means any person who owns or controls, is owned or
controlled by, or is under common ownership and control with, another
person.
(2) "CEC" means the Energy Resources, Conservation and Develop-
ment Commission.
(3) "Clean alternative fuel" means any fuel used as the certification
fuel in a low-emission vehicle, other than the primary gasoline or diesel
fuel used in exhaust emission certification testing pursuant to the ARB's
"California Exhaust Emission Standards and Test Procedures for 1988
Through 2000 Model Passenger Cars, Light-Duty Trucks and Medium-
Duty Vehicles" as incorporated by reference in Title 13, California Code
of Regulations, section 1960.1, or "California Exhaust Emission Stan-
dards and Test Procedures for 2001 and Subsequent Model Passenger
Cars, Light-Duty Trucks and Medium-Duty Vehicles" as incorporated
by reference in Title 13, California Code of Regulations, section 1961.
(4) "CNG" means compressed natural gas.
(4.3) "Compliance year" means the 12 month period running from
May 1 through April 30.
(4.7) "Dedicated vehicle" means a low-emission vehicle designed and
engineered to be operated solely on a clean alternative fuel, and not on
gasoline or any mixture of gasoline and the clean alternative fuel.
(5) "Designated clean fuel" means any clean alternative fuel other than
electricity.
(6) "Distribute" means to physically transfer from a production or im-
portation facility and irrevocably release into commerce for use as a mo-
tor vehicle fuel in California.
(7) "Distributor" has the same meaning as defined in section 20999 of
the Business and Professions Code.
(8) "Dual-fuel vehicle" means any motor vehicle that is engineered
and designed to be capable of operating on gasoline, and on liquified pe-
troleum gas, CNG or liquified natural gas.
(9) "Executive officer" means the executive officer of the Air Re-
sources Board, or his or her designee.
(10) "Fleet operator" means, for any given calendar year, the operator
in that year of fifteen or more low-emission vehicles that are certified on
a particular designated clean fuel and that are under common ownership
or operation in California.
(10.5) "Fleet vehicle" means one of fifteen or more low-emission ve-
hicles that are certified on a particular designated clean fuel and that are
under common ownership or operation in California.
(11) "Flexible-fuel vehicle" means any alcohol-fueled motor vehicle
that is engineered and designed to be operated using any gasoline-alc-
ohol mixture or blend.
(12) "Franchise," "franchisor," and "franchisee" have the same mean-
ing as defined in section 20999 of the Business and Professions Code.
(13) "Gasoline supplier" means any person, including affiliates of
such person, who produces gasoline for use in California or imports gaso-
line into California.
(14) "Import" means to bring motor vehicle fuel into California for the
first time for use in motor vehicles in California.
(15) "Liquid designated clean fuel" means any designated clean fuel
that is dispensed into motor vehicles in liquid form.
(16) "Low-emission vehicle" means any vehicle certified to the tran-
sitional low-emission vehicle, low-emission vehicle, ultra-low-emis-
sion vehicle, super ultra-low emission vehicle, or zero-emission vehicle
standards established in Title 13, California Code of Regulations, sec-
tions 1960.1 or 1961.
(17) "Major breakdown" means an unforeseeable mechanical or elec-
trical failure off CNG dispensing equipment which cannot in the exercise
of reasonable diligence be repaired in 72 hours or less.
(1.9) "Minor breakdown" means an unforeseeable mechanical or elec-
trical failure of CNG dispensing equipment which can in the exercise of
reasonable diligence be repaired in 72 hours or less.
(20) "Non-retail facility" means any establishment at which a desig-
nated clean fuel is supplied or offered for supply to motor vehicles, but
is not supplied or offered to the general public.
(21) "Owner/lessor" means:
(A) In the case of a retail gasoline outlet which is owned, leased or con-
trolled by a franchisor, and which the franchisee is authorized or per-
mitted, under the franchise, to employ in connection with the sale of gas-
oline, the franchisor.
(B) In the case of a retail gasoline outlet which is owned, leased or con-
trolled by a refiner or a distributor, and is operated by the refiner or dis-
tributor or his agent, the refiner or distributor.
(C) In the case of all other retail gasoline outlets, the owner of the retail
gasoline outlet.
(22) "Primary designated clean fuel" means a designated clean fuel for
which a substitute fuel has been proposed or designated pursuant to sec-
tion 2317.
(23) "Produce" means, in the case of any liquid motor vehicle fuel, to
convert in California liquid compounds which do not constitute the fuel
into the fuel.
(24) "Quarter" means the three month calendar quarters January-
March, April-June, July-September, and October-December.
(25) "Refiner" has the same meaning as defined in section 20999 of
the Business and Professions Code.
(26) "Refinery" means a facility that produces gasoline by means that
include distilling petroleum.
(27) "Selected retail clean fuel outlet" means a specific retail clean fuel
outlet which is equipped to store and dispense a designated clean fuel in
order to comply with section 2302.
(28) "Retail clean fuel outlet" means an establishment which is
equipped to dispense a designated clean fuel to motor vehicles and at
which the designated clean fuel is sold or offered for sale to the general
public for use in motor vehicles without the use of a key or card key and
without the need to establish an account.
Page 276.29
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§2301
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(29) "Retail gasoline outlet" means any establishment at which gaso-
line is sold or offered for sale to the general public for use in motor ve-
hicles.
(3 1 ) "Vehicle conversion" means a modification of a gasoline or diesel
fueled vehicle, not certified to a low-emission vehicle standard, to a ve-
hicle which uses a designated clean fuel and which is capable of meeting
low-emission vehicle exhaust emissions standards as demonstrated ei-
ther by installation of an ARB-approved conversion system that
achieves such low-emission standards or by individual vehicle testing.
NOTE: Authority cited: Sections 39600. 39601, 39667, 43013, 43018 and 43101,
Health and Safety Code: and Western Oil and Gas Ass' n. v. Orange County Air
Pollution Control District, 14 Cal. 3d 41 1. 121 Cal. Rptr. 249 (1975). Reference:
Sections 39000, 39001. 39002. 39003, 39500, 39515, 39516, 39667, 43000,
4301 3, 4301 8 and 43 1 01 , Health and Safety Code; and Western Oil and Gas Ass 'n.
v. Orange County Air Pollution Control District, 14 Cal. 3d 411, 121 Cal. Rptr.
249(1975).
History
1. New section filed 8-30-91; operative 9-30-91 (Register 92, No. 14).
2. Redesienation of subchapter 8 as chapter 8 and amendment of section filed
12-8-2000; operative 1-7-2001 (Register 2000, No. 49).
§ 2301. Equipping Retail Gasoline Outlets in the SCAQMD
to Dispense Designated Clean Fuels in 1994
through 1996.
History
1. New section filed 8-30-91; operative 9-30-91 (Register 92, No. 14).
2. Repealer filed 12-8-2000; operative 1-7-2001 (Register 2000, No. 49).
§ 2302. Equipping Retail Gasoline Outlets or Other Outlets
to Dispense Designated Clean Fuels.
(a) Any person who is the owner/lessor of an operating retail gasoline
outlet shall, for each designated clean fuel, equip at least the required
minimum number for each year, as determined in accordance with sec-
tion 2307(d), of his or her retail gasoline outlets in the state, or of other
outlets in the state, so that the outlets are retail clean fuel outlets for the
designated clean fuel. The required minimum number of retail clean fuel
outlets for each compliance year shall apply to the entire compliance
year. The requirements of this section shall apply at all times during
which a person is an owner/lessor of an operating retail gasoline outlet.
The requirements of this section shall in any case be deemed satisfied
with regard to a designated clean fuel if all of the owner/lessor's operat-
ing retail gasoline outlets are equipped as retail outlets for the designated
clean fuel.
(b) In the case of any designated clean fuel which is in gaseous form,
the dispensing equipment required by this section shall be designed for
a minimum of four hours of high volume operation per day. For all retail
gasoline outlets or other that are claimed by the owner/lessor to be
equipped in order to satisfy the requirements of this section, the owner/
lessor shall notify the operator in writing that the outlet is so equipped.
NOTE: Authority cited: Sections 39600, 39601, 39667, 4301 3, 43018 and 43101,
Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange Counrv Air
Pollution Control District. 14 Cal. 3d 41 1, 121 Cal. Rptr. 249 (1975). Reference:
Sections 39000, 39001, 39002, 39003. 39500, 39515, 39516, 39667, 43000.
4301 3, 4301 8 and 431 01 , Health and Safety Code; and Western Oil and Gas Ass 'n.
v. Orange Counrv Air Pollution Control District, 14 Cal. 3d 411, 121 Cal. Rptr.
249 (1975).
History
1 . New section filed 8-30-91 ; operative 9-30-91 (Register 92. No. 14).
2. Amendment of section heading and section filed 12-8-2000; operative
1-7-2001 (Register 2000, No. 49).
§ 2303. Determination of Total Projected Maximum
Volumes of Designated Clean Fuels.
The executive officer shall determine the total projected maximum
volume of each designated clean fuel for each year, at least fourteen
months before the start of the year, in accordance with this section.
(a) Identification of designated clean fuels. The executive officer shall
determine what designated clean fuels are expected to be used as the cer-
tification fuel in low- emission vehicles in the year. This determination
shall be based on registration records of the Department of Motor Ve-
hicles and projected production estimates submitted by motor vehicle
manufacturers to the executive officer pursuant to the "California Ex-
haust Emission Standards and Test Procedures for 1988 Through 2000
Model Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles"
as incorporated by reference in Title 13, California Code of Regulations,
section 1 960. 1 , and the "California Exhaust Emission Standards and Test
Procedures for 2001 and Subsequent Model Passenger Cars, Light-Duty
Trucks and Medium-Duty Vehicles" as incorporated by reference in
Title 13, California Code of Regulations, section 1961.
(b) Estimation of number of designated clean fuel vehicles.
(1) For each designated clean fuel identified pursuant to section
2303(a), the executive officer shall make an estimate of the number of
low-emission vehicles certified on the fuel for each calendar year.
The estimate shall be the sum of: [i] the number of low- emission ve-
hicles certified on the fuel that vehicle manufacturers have projected to
be produced in the corresponding model year and the prior model year
for sale in California; [ii] one-sixth of the number of low-emission ve-
hicles certified on the fuel that vehicle manufacturers project to produce
for the model year that is two years prior to the year for which the calcula-
tions are being made; and [iii] the number of low-emission vehicles certi-
fied on the fuel that are registered with the Department of Motor Vehicles
through July 30 of the year two years prior to the year for which the esti-
mates are being made.
(2) The vehicle manufacturers' projections used for the estimates
made under this section 2303(b) shall be the reports of projected produc-
tion data submitted by motor vehicle manufacturers to the executive offi-
cer pursuant to the "California Exhaust Emission Standards and Test Pro-
•
[The next page is 277.]
Page 276.30
Register 2008, No. 27; 7-4-2008
Title 13
Air Resources Board
§ 2303.5
•
cedures for 1988 Through 2000 Model Passenger Cars, Light-Duty
Trucks and Medium-Duty Vehicles" as incorporated by reference in
Title 13. California Code of Regulations, section 1960.1, or "California
Exhaust Emission Standards and Test Procedures for 2001 and Subse-
quent Model Passenger Cars, Light-Duty Trucks and Medium-Duty Ve-
hicles'* as incorporated by reference in Title 1 3, California Code of Regu-
lations, section 1961.
(c) Determination of total projected maximum volumes of designated
clean fuel. For each designated clean fuel identified pursuant to section
2303(a), the executive officer shall estimate the total projected maximum
volume (TPMV) of the designated clean fuel for the year. The total proj-
ected maximum volume for each designated clean fuel shall be the sum
of the maximum demand volumes (MXDV) calculated by model-year
and vehicle class (passenger car, light-duty truck, or medium-duty ve-
hicle).
The following equation shall be used to calculate total projected maxi-
mum volumes:
TPMV / j I 2-t MXDV (vehicle class i, model year y)\
model vehicle
year (y) class (i)
Where: TPMV is the total projected maximum volume (gasoline
equivalent gallons per year for a liquid fuel and therms per
year for a gaseous fuel) for a particular clean fuel.
MXDV is the maximum demand volume for a particular
clean fuel within vehicle class i and model-year y as calcu-
lated in the next paragraph of text.
Model-year y is, in turn, each vehicle model-year since and
including 1994.
Vehicle class i is, in turn, each of three classes of vehicles:
passenger cars (PC), light-duty trucks (LDT) or medium-
duty vehicles (MDV).
Maximum demand volume for a designated clean fuel (for a given mo-
del-year and vehicle class) shall equal the number of vehicles (as deter-
mined in section 2303(b)) in a particular vehicle class certified on a par-
ticular fuel, multiplied by the average miles travelled per year per vehicle
by those vehicles, divided by the average fuel economy of those vehicles.
The following equation shall be used to calculate maximum demand
volumes:
MXDV
(vehicle class i, model year y) =
(number of vehicles certified on fuel) x (AMT per vehicle)
(average fuel economy)
Where: MXDV is the maximum demand volume (gasoline equivalent
gallons per year for a liquid fuel and therms per year for a gas-
eous fuel) for a particular clean fuel within vehicle class i and
model year y.
Vehicle class i is one of three possible classes of vehicles —
passenger cars (PC), light-duty trucks (LDT) or medium-du-
ty vehicles (MDV).
Model-year y is, in turn, each vehicle model-year since and
including 1994.
Number of vehicles certified on fuel shall be determined pur-
suant to section 2303(b), and shall be calculated separately for
vehicles of the same model year and vehicle class (PC, LDT,
MDV).
AMT per vehicle is the average vehicle miles traveled per year
per low-emission vehicle, based on annual mileage accrual
rates for motor vehicles for a specific model year and vehicle
class derived from the current version of the ARB's EMFAC
emission inventory model and other reasonably available
relevant information.
Average fuel economy represents the estimated fuel economy
in miles per gasoline equivalent gallon (mpg) (or miles per
therm in the case of gaseous fuels) of low-emission vehicles
of the same model year and vehicle class. The average fuel
economy estimates shall be determined by the executive offi-
cer based on the fuel economy estimates provided by the ve-
hicle manufacturers pursuant to the "California Exhaust
Emission Standards and Test Procedures for 1 988 Through
2000 Model Passenger Cars, Light-Duty Trucks and Me-
dium-Duty Vehicles" and the "California Exhaust Emission
Standards and Test Procedures for 2001 and Subsequent
Model Passenger Cars, Light-Duty Trucks and Medium-
Duty Vehicles," which are incorporated by reference in Title
13, California Code of Regulations, sections 1960.1 and
1961, and on other reasonably available relevant information,
(d) Characterization of certain dual-fuel or flexible-fuel vehicles.
Any dual-fuel or flexible-fuel vehicle which is certified to meet, while
operated on gasoline or diesel fuel, low-emission vehicle standards at
least as stringent as the most stringent low-emission vehicle standards to
which the vehicle is certified while operated on a fuel other than gasoline
shall not be included in the determination pursuant to section 2303(b) of
the number of low-emission vehicles certified on a designated clean fuel .
NOTE: Authority cited: Sections 39600, 39601, 39667, 4301 3, 4301 8 and 43101 ,
Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air
Pollution Control District, 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). Reference:
Sections 39000, 39001, 39002, 39003, 39500, 39515, 39516, 39667, 43000,
43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n.
v. Orange County Air Pollution Control District, 14 Cal. 3d 411, 121 Cal. Rptr.
249 (1975).
History
1. New section filed 8-30-91; operative 9-30-91 (Register 92, No. 14).
2. Editorial correction of Reference cite (Register 95, No. 15).
3. Amendment filed 12-8-2000; operative 1-7-2001 (Register 2000, No. 49).
§ 2303.5. Identification of Designated Clean Fuels
Projected to Reach the Trigger Level in a
Particular Year.
(a) The trigger level requirement.
( 1 ) Number of designated clean fuel vehicles necessary to trigger a re-
tail, clean fuel outlet requirement. There shall be no retail clean fuel out-
lets for a designated clean fuel required in a year unless the statewide
number of low-emission vehicles projected by the executive officer for
that fuel in accordance with section 2303(b) is 20,000 or greater, after
discounting the number of fleet vehicles by 75 percent or a smaller dis-
count factor determined in accordance with section 2303.5(a)(2).
(2) Reducing the discount factor for fleet vehicles. The discount factor
for fleet vehicles is intended to reflect the approximate percentage of
clean fuel that will be dispensed to the fleet vehicles from facilities other
than retail clean fuel outlets in the year for which the trigger determina-
tion is being made. If the executive officer determines, based on the re-
ports filed pursuant to section 23 13 and on any other relevant reasonably
available information, that a specified lower percentage of the clean fuel
dispensed to the fleet vehicles will likely be dispensed from facilities oth-
er than retail clean fuel outlets, the executive officer shall discount the
number of fleet vehicles by that specified lower percentage.
(b) Yearly projections regarding the trigger level. For each year, the
executive officer shall identify any designated clean fuels he or she proj-
ects will for the first time be the fuel for a sufficient number of low-emis-
sion vehicles to reach the trigger level set forth in section 2303.5(a). At
least sixteen months before the start of the year, the executive officer
shall notify interested parties of the fuel or fuels identified, and shall
make available a summary of the information and analysis relied upon,
including the fleet discount factor applied. The notification shall also
identify any other designated clean fuel that the executive officer projects
will miss the trigger level by no more than 30 percent, with the informa-
tion and analysis relied upon being made available. The notice shall be
Page 277
Register 2000, No. 49; 12-8-2000
§2304
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
provided to trade associations representing gasoline refiners, distributors
and retailers, representative environmental groups, and any person who
has requested in writing to receive such notices.
(c) Requests to revise trigger level projections. Any interested party
may request in writing that the executive officer revise the trigger deter-
mination or fleet discount factor for any designated clean fuel, and may
submit any relevant information supporting a revised determination. In
order to be considered by the executive officer, the written request and
supporting information must be received no more than 30 days after is-
suance of the notice. The executive officer shall consider any requests
that are timely submitted, and shall issue his or her final trigger deter-
mination and fleet discount factor no less than fourteen months before the
start of the year in question.
NOTE: Authority cited: Sections 39600, 39601, 39667, 43013, 43018 and 43101,
Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air
Pollution Control District, 14 Cal. 3d 41 1, 121 Cal. Rptr. 249 (1975). Reference:
Sections 39000, 39001, 39002. 39003, 39500, 39515, 39516, 39667, 43000,
4301 3, 4301 8 and 43 101 , Health and Safety Code; and Western Oil and Gas Ass 'n.
v. Oranqe County Air Pollution Control District, 14 Cal. 3d 411, 121 Cal. Rptr.
249(1975).
History
1. New section filed 12-8-2000; operative 1-7-2001 (Register 2000, No. 49).
§ 2304. Determination of Total and Additional Number of
Retail Clean Fuel Outlets Required for Each
Designated Clean Fuel in Each Year.
The executive officer shall, for each designated clean fuel, determine
the total number of retail clean fuel outlets required for each year, and the
total number of additional retail clean fuel outlets required for the first
time in the year, in accordance with this section. The executive officer
shall make the determination at least fourteen months before the start of
the year.
(a) Determination of total number of retail clean fuel outlets required
for each designated clean fuel in each year. The executive officer shall
determine for each designated clean fuel the total number of retail clean
fuel outlets that shall be required for that designated fuel in each year, cal-
culated as follows:
(1) Formula for calculating required number of clean fuel outlets.
Except as otherwise provided in this section 2304(a), the total number
of clean fuel outlets that shall be required for each designated clean fuel
for each year shall be calculated as follows:
Required Total Discounted
Clean Fuel - Projected - Clean Fuel
Outlets Maximum Clean Volume for
Fuel Volume Fleet Vehicles
Total
+ Clean Fuel Volume
From Vehicle
Conversions
Clean Fuel Throughput Volume per Station
Where: Total Projected Maximum Clean Fuel Volume shall be deter-
mined in accordance with the procedures set forth in section
2303(c).
Discounted Clean Fuel Volume for Fleet Vehicles means the
total volume of the designated clean fuel (adjusted to gasoline
volumes on an energy equivalent basis) estimated to be used
in fleet vehicles during the year, multiplied by the discount
factor determined pursuant to section 2303.5(a) for the desig-
nated clean fuel for the year in which the retail clean fuel out-
let trigger was reached. This figure shall be determined by the
executive officer using the methodology in section 2303(c),
the reports filed pursuant to section 2313 and any other rele-
vant reasonably available information.
Total Clean Fuel Volume from Vehicle Conversions means
the total amount of the designated clean fuel (adjusted to gas-
oline volumes on an energy equivalent basis) for each vehicle
class from conversions. This figure shall be determined by the
executive officer based on information provided by the De-
partment of Motor Vehicles and on any other relevant reason-
ably available information.
Clean Fuel Throughput Volume Per Station for liquid fuel
shall be 300,000 gasoline equivalent gallons per year for each
designated clean fuel, except that once more than five percent
of all retail gasoline outlets are required to be equipped to dis-
pense a particular liquid clean fuel, the clean fuel throughput
volume per station shall be 600,000 gasoline equivalent gal-
lons for purposes of calculating the number of required retail
clean fuel outlets in excess of five percent of all retail gasoline
outlets. For gaseous fuel, the clean fuel throughput volume
per station shall be 400,000 therms per year.
(2) Executive officer adjustments to the number of required retail
clean fuel outlets.
(A) Reducing projected clean fuel volume to reflect the volume of gas-
oline used in dual-fuel or flexible-fuel vehicles. For each year, the execu-
ti ve officer shall determine for each designated clean fuel the percentage
of the low-emission vehicles identified for the year pursuant to section
2303(b) that will be dual-fuel or flexible-fuel vehicles. The executive of-
ficer shall further determine the approximate percentage of the fuel used
during the year in these dual-fuel or flexible-fuel vehicles that will be
gasoline rather than the designated clean fuel and multiply that percent-
age by 0.85. The executive officer shall then discount the "Total Proj-
ected Maximum Clean Fuel Volume" attributed to these vehicles in the
section 2304(a)(1) equation by the adjusted percentage. The determina-
tions are to be based on the information sources identified in section
2303(a) and on any other relevant reasonably available information.
(B) Change to the discount for fleet vehicles. If the executive officer
determines that the discount factor applied to the calculation of the Clean
Fuel Volume for Fleet Vehicles in the equation in section 2304(a)(1) does
not accurately reflect the approximate percentage of clean fuel that will
be dispensed to the fleet vehicles from facilities other than retail clean
fuel outlets projected 18 months from the start of the year for which the
number of required clean fuel outlets is being determined, he or she shall
revise the discount factor so that it is an accurate reflection of that per-
centage. The determination shall be based on reports filed pursuant to
section 2313 and on any other relevant reasonably available information.
(C) Reducing the number of required retail clean fuel outlets to reflect
certain preexisting outlets.
1. For each year, the executive officer shall determine for each desig-
nated clean fuel the number of retail clean fuel outlets that [i] are owned
or leased by persons who are not owners/lessors of any retail gasoline
outlets, [ii] have a design capacity as set forth in section 2302(b) where
applicable, [iii] satisfy the provisions of section 2309(b), and [iv] are op-
erating as of fifteen months before the start of the year for which the de-
termination is being made.
2. For each year, the executive officer shall reduce the total number of
required clean fuel outlets required for each designated clean fuel, as de-
termined pursuant to sections 2304(a)(1), (a)(2)(A) and (a)(2)(B) by the
number of retail clean fuel outlets determined in accordance with section
2304(a)(2)!.. The executive officer shall notify the owner/lessor of each
retail clean fuel outlet included in the determinations made pursuant to
this section 2304(a)(2), and no such outlet may be constructively allo-
cated pursuant to section 2308.
(D) Notification regarding any adjustments. If the executive officer
makes an adjustment pursuant to section 2304(a)(2)(A), (B) or (C) for a
given year, he or she shall notify interested parties of the adjustment and
the underlying basis for the adjustment, at least fourteen months before
the start of the year. The notice shall be provided to trade associations
representing gasoline refiners, distributors and retailers, representative
environmental groups, and any person who has requested in writing to
receive such notices.
(E) Requests to revise the executive officer's adjustments. Any inter-
ested party may request in writing that the executive officer revise the ad-
justments, and may submit any relevant information supporting revised
determinations. In order to be considered by the executive officer, the
written request and supporting information must be received no more
than 30 days after issuance of the notice. The executive officer shall con-
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§2307
sider any requests that are timely submitted, and shall issue his or her fi-
nal determinations no less than twelve months before the start of the year
in question. At the same time, the executive officer shall make any result-
ing modifications to the determinations and notifications made pursuant
to sections 2304(b), 2306 and 2307.
(b) Determination of total number of additional clean fuel outlets re-
quired each year for each designated clean fuel. For each year, the execu-
tive officer shall determine, for each designated clean fuel, the total num-
ber of additional retail clean fuel outlets required for the first time to be
in place in that year. This figure shall be determined by subtracting the
total number of required retail clean fuel outlets determined in accor-
dance with section 2304 (a) for the previous year, from the total number
of required clean fuel outlets determined in accordance with 2304(a) for
the previous year, from the total number of required clean fuel outlets de-
termined in accordance with 2304(a) for the year for which the calcula-
tions are being made.
NOTE: Authority cited: Sections 39600, 39601, 39667, 43013, 43018 and 43101,
Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air
Pollution Control District, 14 Cal. 3d 41 1, 121 Cal. Rptr. 249 (1975). Reference:
Sections 39000, 39001, 39002, 39003. 39500, 39515, 39516. 39667, 43000,
430 1 3, 4301 8 and 43 1 01 , Health and Safety Code; and Western Oil and Gas Ass 'n.
v. Orange County Air Pollution Control District, 14 Cal. 3d 41 1, 121 Cal. Rptr.
249 (1975).
History
1. New section filed 8-30-91; operative 9-30-91 (Register 92, No. 14).
2. Amendment of section heading and section filed 12-8-2000; operative
1-7-2001 (Register 2000, No. 49).
§ 2305. Allocation Among Major Gasoline Suppliers of
Additional and Total Number of Retail Clean
Fuel Outlets in the SCAQMD Required for Each
Designated Clean Fuel in Each Year from 1994
Through 1996.
History
1. New section filed 8-30-91; operative 9-30-91 (Register 92, No. 14).
2. Editorial correction of Reference cite (Reeister 95, No. 15).
3. Repealer filed 12-8-2000; operative 1-7-2001 (Register 2000, No. 49).
§ 2306. Identification of Affected Owner/Lessors Required
to Equip Additional Retail Clean Fuel Outlets
Each Year.
For each year, at least fourteen months before the start of the year, the
executive officer shall identify for each designated clean fuel the affected
retail gasoline outlet owner/lessors who will be required to equip retail
gasoline outlets or other retail outlets to dispense that fuel. An affected
station owner/lessor is any person who is the owner/lessor of a number
of retail gasoline outlets equal to or greater than the minimum ownership
level (MOL) for the year, calculated as follows:
Minimum Ownership Level (MOL) =
Number of Non-Clean Fuel Retail Outlets
Sum of the Numbers of Additional Retail Clean Fuel Outlets
for All Designated Clean Fuels
Where: Number of Non-Clean Fuel Retail Outlets is calculated by
subtracting the sum of the required retail clean fuel outlets de-
termined in accordance with section 2304(a) for all desig-
nated clean fuels for the previous year, from the total number
of retail gasoline outlets statewide estimated by the executive
officer based on the reports submitted pursuant to section
2312 and other reasonably available relevant information.
Sum of the Numbers of Additional Retail Clean Fuel Outlets
for All Designated Clean Fuels is the sum of the total addi-
tional number of clean fuel outlets calculated for the year for
each designated clean fuel in accordance with section
2304(b).
The executive officer shall round the result of the calculation for mini-
mum ownership level to the nearest integer.
NOTE: Authority cited: Sections 39600, 39601, 39667, 43013, 43018 and 43101,
Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air
Pollution Control District, 14 Cal. 3d 41 1, 121 Cal. Rptr. 249 (1975). Reference:
Sections 39000, 39001, 39002, 39003, 39500, 39515, 39516, 39667, 43000,
43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass 'n.
v. Orange Counrv Air Pollution Control District, 14 Cal. 3d 411, 121 Cal. Rptr.
249(1975).
History
1. New section filed 8-30-91; operative 9-30-91 (Register 92, No. 14).
2. Amendment of section heading, section and Note filed 12-8-2000; operative
1-7-2001 (Register 2000, No. 49).
§ 2307. Allocation Among Affected Owner/Lessors of the
Total Number of Retail Clean Fuel Outlets.
For each year, the executive officer shall, for each designated clean
fuel, make the determinations set forth in this section.
(a) Allocation among affected owner/lessors of the number of addi-
tional retail clean fuel outlets for each year.
For each year, the executive officer shall determine the number of ad-
ditional retail clean fuel outlets that each affected owner/lessor of retail
gasoline outlets is required for the first time to have in place in the state.
This number shall be calculated, for each designated clean fuel, by multi-
plying the owner/lessor's number of non-clean fuel retail gasoline out-
lets (determined in accordance with section 2307(b)) by the clean fuel
fraction (determined in accordance with section 2307(c)), rounded to the
nearest integer using conventional rounding. If the resulting number is
less than zero, the number shall be adjusted to zero.
(b) Determination of an owner/lessor's number of non-clean fuel re-
tail gasoline outlets. The executive officer shall determine an owner/les-
sor's number of non-clean fuel retail gasoline outlets by subtracting the
sum of the owner/lessor's total required minimum number of retail clean
fuel outlets for all designated clean fuels in the preceding year as deter-
mined pursuant to section 2307(d), from the owner/lessor's total number
of retail gasoline outlets (based on reports submitted pursuant to section
2312 and other reasonably available relevant information).
(c) Determination of clean fuel fraction.
For each designated clean fuel, the executive officer shall calculate the
clean fuel fraction for each designated clean fuel as follows:
Clean Fuel Fraction =
Total Number of Retail Clean Fuel Retail Outlets
Number of Non-Clean Fuel Outlets Owned by All Affected
Owner/Lessors
Where: Total Additional Number of Retail Clean Fuel Outlets is the
total number of additional retail clean fuel outlets required for
the year for the particular clean fuel in accordance with sec-
tion 2304(b).
Number of Non-Clean Fuel Outlets Owned by All Affected
Owner/Lessors is calculated by subtracting the sum of the re-
quired retail outlets determined in accordance with section
2304(a) for all clean fuels from the sum of the number of retail
gasoline outlets owned or leased by all of the affected owners
and lessors estimated by the executive officer based on the re-
ports submitted pursuant to section 23 1 2 and other reasonably
available relevant information.
(d) Determination of each owner/lessor 's total required minimum
number of retail clean fuel outlets for each clean fuel for each year.
For each year, each owner/lessor's required minimum number of retail
clean fuel outlets for each designated clean fuel in the state shall consist
of the number of additional retail clean fuel outlets that the owner/lessor
is required for the first time to have in place in the year as determined in
accordance with section 2307(a), added to the sum of the numbers of ad-
ditional retail clean fuel outlets required of the owner/lessor for the first
time in each of the previous years as determined in accordance with sec-
tion 2307(a). The required minimum number of an owner/lessor's retail
clean fuel outlets for each designated clean fuel in a year shall not be less
than the required minimum number of such outlets for the previous year,
except that there shall be no required minimum number outlets for a des-
ignated clean fuel in any year for which the number of vehicles estimated
by the executive officer pursuant to section 2303(b) is less than 20,000.
(e) Notification of owner/lessors.
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At least fourteen months before the start of each year, the executive
officer shall notify each affected owner/lessor in writing of the owner/
lessor's required minimum number of clean fuel outlets for each desig-
nated clean fuel for the year. The written notification shall include a de-
tailed analysis of how the number was derived.
NOTE: Authority cited: Sections 39600, 39601, 39667, 43013, 43018 and 43101,
Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air
Pollution Control District. 14 Cal. 3d 41 1, 121 Cal. Rptr. 249 (1975). Reference:
Sections 39000, 39001, 39002. 39003, 39500, 39515, 39516. 39667, 43000,
430 1 3, 4301 8 and 431 01 , Health and Safety Code; and Western Oil and Gas Ass '/;.
v. Orange County Air Pollution Control District, 14 Cal. 3d 411, 121 Cal. Rptr.
249 (1975).
History
1. New section tiled 8-30-91 ; operative 9-30-91 (Register 92, No. 14).
2. Amendment of section headine, section and Note filed 12-8-2000; operative
1-7-2001 (Register 2000, No."49).
§ 2308. Constructive Allocation of Retail Clean Fuel
Outlets.
(a) Any owner/lessor of a retail gasoline outlet, and any person who
is the owner/lessor of a retail clean fuel outlet which is not a retail gaso-
line outlet, may constructively allocate one or more retail clean fuel out-
lets to the owner/lessor of a retail gasoline outlet, for purposes of demon-
strating compliance with the requirements in section 2302, as long as the
requirements of this section are met.
(b) Any agreement to constructively allocate a retail clean fuel outlet
pursuant to this section shall be in writing. The constructive allocation
shall be in calendar year increments, and shall not cover less than one cal-
endar year. The agreement shall be executed before the start of the first
year of constructive allocation covered by the agreement.
(c) A retail clean fuel outlet may not be constructively allocated unless
it meets any applicable dispensing capacity requirements set forth in sec-
tion 2302(b).
(d) If the retail clean fuel outlet being constructively allocated is not
a retail gasoline outlet, the person making the constructive allocation
shall obtain prior approval from the executive officer. The executive offi-
cer shall approve the constructive allocation if s/he determines that the
facility is adequately accessible for fueling motor vehicles by the general
public with the designated clean fuel.
(e) Any person who constructively allocates a retail clean fuel outlet
for a designated clean fuel shall be deemed to be the owner/lessor of that
retail clean fuel outlet and shall be subject to the requirements of sections
2309(b) and (c)(1) during the period covered by the constructive alloca-
tion agreement.
(f) The owner/lessor of any retail clean fuel outlet which is construc-
tively allocated shall notify the operator in writing that it is claimed to be
equipped in order to satisfy the requirements of section 2302, as applica-
ble.
(g) Any person who constructively allocates a retail clean fuel outlet
to an owner/lessor shall submit a report to the executive officer by Janu-
ary 10 of each year covered by the constructive allocation agreement.
The report shall be executed in California under penalty of perjury and
shall contain the following information.
(1) The name, address and telephone number of the person making the
constructive allocation.
(2) The street address of each retail clean fuel outlet constructively al-
located, the type of designated clean fuel dispensed at the outlet, the busi-
ness interest in the outlet of the person making the constructive alloca-
tion, and the brand, trade, or other name under which the business at the
outlet is conducted.
(3) For each constructively allocated retail clean fuel outlet, the name
and address of the owner/lessor to whom the outlet was constructively
allocated, and the starting and ending dates of the constructive allocation.
(4) The name of the operator of the retail clean fuel outlet.
(h) Any owner/lessor who receives a constructive allocation of a retail
clean fuel outlet shall submit a report to the executive officer by January
10 of each year covered by the constructive allocation agreement. The
report shall be executed in California under penalty of perjury and shall
contain the following information.
( 1 ) The name, address and telephone number of the owner/lessor.
(2) The street address of each retail clean fuel outlet constructively al-
located, the type of designated clean fuel dispensed at the outlet, and the
brand, trade, or other name under which the business at the outlet is con-
ducted.
(3) For each constructively allocated retail clean fuel outlet, the name
and address of the person constructively allocating the outlet, and the
starting and ending dates of the constructive allocation.
(4) A copy of the executed constructive allocation agreement.
NOTE: Authority cited: Sections 39600, 39601, 39667, 43013, 43018 and 43101,
Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange Counts' Air
Pollution Control District, 14 Cal. 3d 41 1, 121 Cal. Rptr. 249 (1975). Reference:
Sections 39000, 39001, 39002, 39003. 39500. 39515, 39516, 39667, 43000,
4301 3, 4301 8 and 431 01 , Health and Safety Code; and Western Oil and Gas Ass 'n.
v. Orange Counts Air Pollution Control District, 14 Cal. 3d 411, 121 Cal. Rptr.
249(1975).
History
1. New section filed 8-30-91; operative 9-30-91 (Register 92, No. 14).
2. Amendment filed 12-8-2000; operative 1-7-2001 (Register 2000, No. 49).
§ 2309. Responsibilities of Owner/Lessors of Selected
Retail Clean Fuel Outlets.
(a) Locations of required clean fuel outlets.
(1) For each designated clean fuel, in determining the locations of re-
quired retail clean fuel outlets, an owner/lessor shall provide a reasonable
geographical dispersion of the outlets and place the outlets in locations
that are reasonably near the existing and anticipated areas of operation
of low-emission vehicles that operate on the designated clean fuel, and
are convenient to drivers of such vehicles. Any retail clean fuel outlet that
was equipped to dispense a designated clean fuel as part of the CEC's
California Methanol Fuel Demonstration Program shall be deemed to
satisfy these criteria.
(2) At least eight months before the start of each year (by April 30 of
the previous year), each owner/lessor who has received a notification
pursuant to section 2307(e) indicating that s/he will be required to have
in place additional retail clean fuel outlets for that year shall submit to the
executive officer proposed locations for such outlets and optional loca-
tions equal to at least 20 percent off the proposed locations, identified by
street address, ZIP code, and Universal Transverse Mercator (UTM)
coordinates. The submittal shall include any outlets that are or may be
constructively allocated to the owner/lessor pursuant to section 2308.
Following submittal, the owner/lessor shall consult with designees of the
executive officer, and with the CEC's executive officer or his or her de-
signees, on the optimal locations for new retail clean fuel outlets.
(3) The owner/lessor shall notify the executive officer of the final loca-
tions of all new retail clean fuel outlets for the year, no later than five
months before the start of the year (by July 31).
(b) Requirements regarding facilities at selected clean fuel outlets at
retail gasoline outlets.
Each owner/lessor of a selected retail clean fuel outlet at a retail gaso-
line outlet shall, with respect to each such outlet:
(1) Locate the designated clean fuel dispenser(s) in a location substan-
tially as accessible and visible to a customer entering the station as are
the gasoline dispensers, and providing substantially the same conve-
nience of ingress and egress as exists for the gasoline dispensers at the
outlet; provided that any dispenser equipped prior to January 1, 1993 to
dispense a designated clean fuel as part of the CEC s California Methanol
Fuel Demonstration Program shall be deemed to satisfy this criterion.
(2) Ensure that the designated clean fuel dispensers are substantially
as well-marked and as clearly identified as the gasoline dispensers with
regard to the type of fuel.
(3) Maintain lighting which keeps the designated clean fuel dispenser
area substantially as well-illuminated as the gasoline dispensing area
when the outlet operates at night.
(4) Ensure that customers using designated clean fuel dispensers will
have, within the same service mode (e.g. self serve or full serve), substan-
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Title 13
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§2310
tially the same access to services and facilities such as canopy coverage,
air and water, vending, and restrooms as do customers purchasing gaso-
line, unless the owner/lessor has, in the preceding 12 months, demon-
strated to the satisfaction of the executive officer that providing such a
service or facility is prohibited by local ordinance or applicable safety
codes.
(5) Prominently display directions on use of the clean fuel dispensing
equipment.
(6) Maintain the designated clean fuel dispensing equipment in good
operating condition.
(c) Requirements regarding facilities at selected clean fuel outlets at
which gasoline is not offered to the public. Each owner/lessor of a se-
lected retail clean fuel outlet at which gasoline is not offered to the public
shall, with respect to each such outlet:
(1) Locate the designated clean fuel dispenser(s) in a location that is
readily accessible from main streets and highways.
(2) Ensure that the designated clean fuel dispensers are available for
public use during normal business hours without the use of a key or card-
key.
(3) Ensure that a customer is able to pay for his or her fuel purchase
without establishment of an account with the outlet owner or operator.
(4) If the outlet is operated after dark, maintain commercially reason-
able lighting levels to provide user safety.
(5) Prominently display directions on use of the clean fuel dispensing
equipment.
(d) Requirements regarding supply of designated clean fuels to se-
lected retail clean fuel outlets.
(1 ) Whenever the operator of a selected retail clean fuel outlet requests
that the owner/lessor of the outlet provide for the delivery, within a speci-
fied time not less than 72 hours from the request, of specified commer-
cially reasonable quantities of the designated clean fuel to the outlet on
commercially reasonable terms, the owner/lessor shall be jointly liable
with the operator for any violations at the outlet of section 2310(a)(1)
starting with the requested time of delivery and ending with the next de-
livery of commercially reasonable quantities of the clean fuel to the out-
let, unless the owner/lessor does one of the following:
[i] supplies the specified quantity of designated clean fuel to the outlet,
within the specified time, on commercially reasonable terms, or
[ii] identifies a third party willing to supply, within the specified time,
the specified quantity of designated clean fuel to the outlet on commer-
cially reasonable terms.
However, an owner/lessor's failure to satisfy the conditions set forth
in [i] and [ii] shall not result in liability under this section if the owner/les-
sor demonstrates that s/he was prevented from satisfying the conditions
by a natural disaster such as an earthquake or flood, an act of war or an
act by a public enemy, a civil disorder or riot, the expropriation or confis-
cation of facilities or property, or the operation of law.
(2) Whenever an owner/lessor is required to submit a notification re-
garding final outlet locations to the executive officer pursuant to section
2309(a)(3), the notification shall include a description of the means by
which the owner/lessor intends to comply with section 2309(c)(1). The
description shall include, but need not be limited to, [i] a description of
any facility that is or will be owned or leased by the owner/lessor for the
production or importation of the designated clean fuel, including the
throughput capacity of such facility; [ii] the identities of any third parties
with whom the owner/lessor has or plans to have contracts to supply the
designated clean fuel, and the minimum volumes of the designated clean
fuel subject to such contracts; [iii] if the owner/lessor will not have a des-
ignated clean fuel production or import facility, or a contract for supply
of the fuel, a description of the manner in which supply of the designated
clean fuel will be arranged; [iv] a description, including location and ca-
pacity, of any facilities that are or will be owned or leased by the owner/
lessor for the loading of the designated clean fuel into tank cars, vessels,
or tank trucks; and [v] the identities of any parties with whom the owner/
lessor has, or plans to have, contracts for the delivery of the designated
clean fuel to the retail clean fuel outlets, and the facilities from which
such parties will make such deliveries.
(e) Annual reports regarding compliance with section 2302.
(1) For each calendar year, each owner/lessor who is required to equip
one or more retail gasoline outlets as a retail clean fuel shall submit to the
executive officer by January 10 of the year a report containing the infor-
mation set forth below regarding compliance with section 2302. The in-
formation shall be categorized by each designated clean fuel. The reports
shall be executed in California under penalty of perjury.
(A) The street address of each of the owner/lessor's retail gasoline out-
lets claimed to be equipped as a retail clean fuel outlet to satisfy the re-
quirements of section 2302.
(B) For each such outlet, the type of designated clean fuel dispensed
at the outlet, the brand, trade, or other name under which the business at
the outlet is conducted, and the name of the operator of the outlet.
NOTE: Authority cited: Sections 39600, 39601, 39667, 43013, 43018 and 43101,
Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange Couittv Air
Pollution Control District. 14 Cal. 3d 41 1, 121 Cal. Rptr. 249 (1975). Reference:
Sections 39000, 39001, 39002, 39003, 39500, 39515, 39516, 39667. 43000,
43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n.
v. Orange County Air Pollution Control District, 14 Cal. 3d 41 1, 121 Cal. Rptr.
249(1975).
History
1. New section filed 8-30-91; operative 9-30-91 (Register 92, No. 14).
2. Amendment filed 12-8-2000; operative 1-7-2001 (Register 2000, No. 49).
§ 2310. Responsibilities of Operators of Selected Retail
Clean Fuel Outlets.
(a) The operator of a selected retail clean fuel outlet equipped to dis-
pense gasoline shall, whenever gasoline is offered for sale at the outlet,
do all of the following with respect to the designated clean fuel(s) that the
outlet is equipped to dispense:
(1) Store a commercially reasonable quantity of the designated clean
fuel at the outlet and offer the fuel for sale to the public, during the same
hours that gasoline is offered for sale. However, an operator shall not be
liable for failure to comply with this section 2310(a)(1) if the operator
demonstrates s/he was unable to comply because of a natural disaster
such as an earthquake or flood, and act of war or an act by a public enemy,
a civil disorder or riot, the expropriation or confiscation of facilities or
property, or the operation of law.
(2) Maintain the designated clean fuel dispensing equipment in good
operation conditions.
(3) Keep the designated clean fuel dispenser area substantially as
well-illuminated as the gasoline dispensing area during nighttime opera-
tion.
(4) Keep the designated clean fuel dispenser area and pad substantially
as clean as the gasoline dispenser area and pad.
(b) The operator of a selected retail clean fuel outlet not equipped to
dispense gasoline to the general public shall do all of the following with
respect to the designated clean fuel(s) that the outlet is equipped to dis-
pense:
(1) Maintain reasonable access to the clean fuel dispensing equipment.
(2) Maintain the designated clean fuel dispensing equipment in good
operating condition.
(3) Provide a payment option that does not require the purchaser to es-
tablish an account with the operator.
(c) The operator of any selected retail clean fuel outlet shall do all of
the following with respect to the designated clean fuel(s) that the outlet
is equipped to dispense:
(1) If the designated clean fuel dispensers are at any time in a consumer
self-service mode, post at all times in a conspicuous and convenient loca-
tion directions illustrating the use of the dispensing equipment.
(2) Display on the premises a sign which discloses that the clean fuel
outlet offers the designated clean fuel for sale, and which is clearly visible
from the street or highway adjacent to the outlet, provided that the opera-
tor shall not be required to display a sign in a manner inconsistent with
applicable local ordinances.
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(3) Conspicuously post, on the designated clean fuel dispenser, the
price of the clean fuel volume that provides the energy provided by a gal-
lon of gasoline. This price shall be calculated for liquid fuels by multiply-
ing the price of a volumetric gallon of the fuel by the values in the table
below. In the case of CNG, the price shall be posted as 1.18 multiplied
by the price of one therm of compressed natural gas.
Fuel Price Multiplier
Gasoline 1.00
LPG 1.27
Methanol (Ml 00) 2.08
M85 1.79
Ethanol (E100) 1.54
E85 1 .43
NOTE: Authority cited: Sections 39600, 39601, 39667, 43013, 43018 and 43101,
Health and Safety Code: and Western Oil and Gas Ass'n. v. Orange County Air
Pollution Control District, 14 Cal. 3d 41 1, 121 Cal. Rptr. 249 (1975). Reference:
Sections 39000, 39001, 39002, 39003, 39500, 39515, 39516, 39667, 43000,
430 1 3, 4301 8 and 43 1 01 , Health and Safety Code; and Western Oil and Gas Ass 'n.
v. Orange County Air Pollution Control District, 14 Cal. 3d 41 1, 121 Cal. Rptr.
249(1975).
History
1. New section filed 8-30-91; operative 9-30-91 (Register 92, No. 14).
2. Amendment filed 12-8-2000; operative 1-7-2001 (Register 2000, No. 49).
§ 231 1 . Relief from Liability Caused by Breakdowns of
CNG Dispensing Equipment.
(a) An owner/lessor or operator of a selected clean fuel outlet equipped
to dispense CNG shall not be liable for violations of sections 2302,
2309(b) or 2310(a) resulting from a minor breakdown if:
(J ) The owner/lessor or operator reports the breakdown to the execu-
tive officer within 4 hours of the time the person knows or reasonably
should know of the breakdown, including the time, location, and nature
of the breakdown;
(2) The equipment is repaired as quickly as possible in the exercise of
reasonable diligence, in no case in more than 72 hours;
(3) Within 1 2 hours of repair of the equipment, the owner/lessor or op-
erator reports to the executive officer that the repairs have been com-
pleted, and describes the corrective measures, if any, taken to avoid
breakdowns in the future; and
(4) The owner/lessor or operator is able to demonstrate that the break-
down did not result from inadequate or improper maintenance, operator
error, or other reasons within the control of the owner/lessor or operator.
(b) An owner/lessor or operator of a selected clean fuel outlet equipped
to dispense CNG shall not be liable for violations of sections 2302,
2309(b) or 2310(a) resulting from a major breakdown if the owner/lessor
or operator:
(1) Reports the breakdown to the executive officer within 4 hours of
the time the person knows or reasonably should know of the breakdown,
including the time, location, and nature of the breakdown;
(2) Within 7 days of the breakdown, submits to the executive officer
is writing a report that:
(A) Demonstrates to the reasonable satisfaction of the executive offi-
cer that the breakdown did not result from inadequate or improper main-
tenance, operator error, or other reasons within the reasonable control of
the owner/lessor or operator; and
(B) Identifies a plan reasonably detailing how the CNG dispensing
equipment will be repaired or replaced as soon as possible with the exer-
cise of reasonable diligence, including a final completion date no later
than six months following the date of the breakdown; and
(3) Completes the repair or replacement [i] by the final completion
date identified in the submitted plan, or [ii] by such earlier completion
date designated by the executive officer, within 14 days of receipt of the
plan, as reasonably feasible based on review of the plan.
NOTE: Authority cited: Sections 39600, 39601, 39667, 43013, 43018 and 43101,
Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air
Pollution Control District, 14 Cal. 3d 41 1, 121 Cal. Rptr. 249 (1975). Reference:
Sections 39000, 39001, 39002, 39003, 39500, 39515, 39516, 39667, 43000,
43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n.
v. Orange County Air Pollution Control District, 14 Cal. 3d 411, 121 Cal. Rptr.
249 (1975).
History
1. New section filed 8-30-91; operative 9-30-91 (Register 92, No. 14).
2. Amendment of subsections (a) and (b) filed 12-8-2000; operative 1-7-2001
(Register 2000, No. 49).
§ 231 1 .5. Notification by Executive Officer of Reporting
Obligations.
For each year starting with 2002, the executive officer shall determine
whether there is a substantial possibility that the 20,000 vehicle trigger
level in section 2304(a)(1) will for the first time be reached for one or
more designated clean fuels. The executive officer shall identify any such
designated clean fuel at least 22 months before the start of the year. The
executive officer shall then take prompt and reasonable steps to provide
notice of the identified fuel and applicable reporting obligations to: (1)
all owner/lessors of retail gasoline outlets, (2) all fleet operators, and (3)
all persons engaged in the business of distributing the identified fuel for
use in motor vehicles.
NOTE: Authority cited: Sections 39600, 39601 , 39667, 43013. 4301 8 and 43101,
Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air
Pollution Control District. 14 Cal. 3d 41 1, 121 Cal. Rptr. 249 (1975). Reference:
Sections 39000, 39001, 39002, 39003, 39500, 39515, 39516, 39667, 43000,
4301 3, 430 18 and 43 101, Health and Safety Code; and Western Oil and Gas Ass'n.
v. Orange County Air Pollution Control District, 14 Cal. 3d 411, 121 Cal. Rptr.
249 (1975).
History
1. New section filed 12-8-2000; operative 1-7-2001 (Register 2000, No. 49).
§ 2312. Reports by Owner/Lessors of Retail Gasoline
Outlets.
(a) Once the executive officer has identified a designated clean fuel
under section 231 1.5, by July 31 of the year the identification was made
and by July 3 1 of every year thereafter, each owner/lessor of a retail gaso-
line outlet shall report to the executive officer the total number of retail
gasoline outlets in the state of which the person is the owner/lessor, the
street address of the retail gasoline outlet, and the owner/lessor's busi-
ness interest in the outlet.
NOTE: Authority cited: Sections 39600, 39601, 39667, 43013, 43018 and 43101,
Health and Safety Code: and Western Oil and Gas Ass'n. v. Orange County Air
Pollution Control District, 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). Reference:
Sections 39000, 39001, 39002, 39003, 39500, 39515, 39516, 39667, 43000,
43013, 4301 8 and 43 1 0 1 , Health and Safety Code; and Western Oil and Gas Ass 'n.
v. Orange County Air Pollution Control District, 14 Cal. 3d 411, 121 Cal. Rptr.
249 (1975).
History
1. New section filed 8-30-9 1 ; operative 9-30-91 (Register 92, No. 14).
2. Amendment filed 12-8-2000; operative 1-7-2001 (Register 2000, No. 49).
§2313. Reports by Fleet Operators.
Once the executive officer has identified a particular designated clean
fuel under section 2311.5, every fleet operator shall, for any year in
which the fleet operator reasonably expects to operate fleet vehicles cer-
tified on a designated clean fuel, supply the following information to the
executive officer, at least eighteen months (by June 30) before the start
of the year:
(1) The expected number of low-emission vehicles in the fleet to be
operated in the year that will be certified on a designated clean fuel, cate-
gorized by designated clean fuel.
(2) The total volume of each designated clean fuel expected to be used
by the vehicles in the year.
(3)'The total volume of designated clean fuel expected to be supplied
to the fleet operator's low-emission vehicles during the year from the
fleet operator's own dispensing facilities and from facilities that are not
retail clean fuel outlets.
(4) The actual vehicle miles traveled for the prior 12 month period and
the estimated vehicle miles travelled for the year in question.
(5) The extent to which operations using the designated clean fuel
would be expanded due to increased availability of the designated clean
fuel at retail clean fuel outlets.
NOTE: Authority cited: Sections 39600, 39601, 39667, 43013, 43018 and 43101,
Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air
Pollution Control District, 14 Cal. 3d 41 1, 121 Cal. Rptr. 249 (1975). Reference:
Sections 39000, 39001, 39002, 39003, 39500, 39515, 39516, 39667, 43000,
43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n.
Page 282
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Title 13
Air Resources Board
§2317
v. Orange County Air Pollution Control District. 14 Cal. 3d 411, 121 Cal. Rptr.
249(1975).
History
1. New section filed 8-30-91; operative 9-30-91 (Register 92, No. 14).
2. Amendment filed 12-8-2000; operative 1-7-2001 (Register 2000, No. 49).
§ 2314. Reporting Requirements for Persons Who
Distribute Designated Clean Fuels for Use in
Motor Vehicles.
Starting the with the beginning of the year after the Executive Officer
the executive officer identifies a particular designated clean fuel under
section 2311.5, each person who in a quarter distributes a designated
clean fuel for use in motor vehicles shall, within 45 days after the end of
the quarter, submit to the executive officer a report containing the follow-
ing information for each designated clean fuel:
(1) The volume of the designated clean fuel that was produced by the
person and that was distributed in the quarter for use in motor vehicles.
(2) The volume of the designated clean fuel that was imported by the
person and that was distributed in the quarter for use in motor vehicles.
NOTE: Authority cited: Sections 39600, 39601, 39667, 43013. 43018 and 43101,
Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air
Pollution Control District, 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). Reference:
Sections 39000, 39001, 39002, 39003, 39500, 39515, 39516. 39667, 43000,
43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass 'n.
v. Orange County Air Pollution Control District, 14 Cal. 3d 411. 121 Cal. Rptr.
249 (1975).
History
1. New section filed 8-30-91; operative 9-30-91 (Register 92, No. 14).
2. Amendment of first paragraph filed 12-8-2000; operative 1-7-2001 (Register
2000, No. 49).
§ 231 5. Determination of Violations
(a) Violations of section 2302.
At any time that an owner/lessor fails to have equipped the number of
retail gasoline outlets required by section 2302 to be equipped to be a re-
tail clean fuel outlet for a designated clean fuel, the owner/lessor shall be
deemed to have sold or supplied gasoline to motor vehicles in violation
of these regulations. For each day that the owner/lessor violates section
2302, the first ten motor vehicles fueled at one of the owner/lessor's retail
gasoline outlets shall be deemed to have been unlawfully fueled for each
retail gasoline outlet not equipped as required. If an owner/lessor claims
to comply with the requirements of section 2302 on the basis of retail
clean fuel outlets constructively allocated pursuant to section 2308, such
facilities shall not satisfy the owner/lessor's obligations if the require-
ments in section 2308 for constructive allocation are not met.
(b) Violations of section 2309(b).
Whenever the owner/lessor of a selected retail clean fuel outlet vio-
lates section 2309(b) with respect to the outlet, the gasoline sold or
supplied by the owner/lessor in violation of these regulations. For each
day that the owner/lessor violates section 2309(b) with respect to a se-
lected retail clean fuel outlet, the first five motor vehicles fueled that day
at the outlet with gasoline shall be deemed to have been unlawfully fueled
by the owner/lessor.
(c) Violations of section 2310.
Whenever the operator of a selected retail clean fuel outlet violates
section 2310 with respect to the outlet, the gasoline sold or supplied at
the outlet shall be deemed to have been sold or supplied by the operator
violates section 2310, the first five motor vehicles fueled that day with
gasoline at the outlet shall be deemed to have been unlawfully fueled by
the operator.
NOTE: Authority cited: Sections 39600, 39601, 39667, 43013, 43018 and 43101,
Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air
Pollution Control District, 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). Reference:
Sections 39000, 39001, 39002, 39003, 39500, 39515, 39516, 39667, 43000,
43013, 43016, 43018 and 43101, Health and Safety Code; and Western Oil and
Gas Ass'n. v. Orange County Air Pollution Control District, 14Cal. 3d 411, 121
Cal. Rptr. 249(1975).
History
1. New section filed 8-30-91; operative 9-30-91 (Register 92, No. 14).
2. Amendment of section and Note filed 12-8-2000; operative 1-7-2001 (Regis-
ter 2000, No. 49).
§ 2316. Determinations of Energy Equivalency of Fuels.
Whenever implementation of this chapter requires values for the ener-
gy contents of fuels, the lower healing values in the following table shall
be used.
Volumetric Energy Contents
Fuel BTUs per gallon
Gasoline
116,500
LPG
91,500
Methanol (Ml 00)
56,500
M85
65,000
Ethanol(ElOO)
75,700
E85
81,800
CNG
]000BTU/scf
NOTE: Authority cited: Sections 39600, 39601, 39667, 43013, 43018 and 43101,
Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air
Pollution Control District, l4Cal.3d411. 121 Cal. Rptr. 249 (1975). Reference:
Sections 39000, 39001, 39002, 39003, 39500, 39515, 39516, 39667, 43000,
43013. 4301 8 and 43101, Health and Safety Code; and Western Oil and Gas Ass 'n.
v. Orange County Air Pollution Control District, 14 Cal. 3d 41 1, 121 Cal. Rptr.
249(1975).
History
1. New section filed 8-30-91; operative 9-30-91 (Register 92, No. 14).
2. Amendment of first paragraph filed 12-8-2000; operative 1—7—2001 (Register
2000, No. 49).
§ 2317. Satisfaction of Designated Clean Fuel
Requirements with a Substitute Fuel.
(a) Any person may petition the state board to designate by regulation
a substitute fuel which may be used instead of a primary designated clean
fuel to satisfy any requirements in this chapter pertaining to a designated
clean fuel. The state board shall designate such a substitute fuel if it is sa-
tisfied that the petitioner has demonstrated all of the following:
(1) That use of the fuel in low-emission vehicles certified on the pri-
mary designated clean fuel will result in emissions of NMOG (on a reacti-
vity-adjusted basis), NOx, and CO no greater than the corresponding
emissions from such vehicles fueled with the primary designated clean
fuel, as determined pursuant to the procedures set forth in the "California
Test Procedure for Evaluating Substitute Fuels and New Clean Fuels,"
as adopted November 2, 1993, which is incorporated herein by reference.
(2) That use of the fuel in low-emission vehicles certified on the pri-
mary designated clean fuel will result in potential health risks from expo-
sure to benzene, 1 ,3-butadiene, formaldehyde, and acetadehyde in the
aggregate no greater than the corresponding potential health risks for
such vehicles fueled with the primary designated clean fuel, as deter-
mined pursuant to the procedures set forth in the "California Test Proce-
dure for Evaluating Substitute Fuels and New Clean Fuels," as adopted
November 2, 1993, which is incorporated herein by reference.
(3) That if the proposed substitute fuel may be used to fuel any motor
vehicle other than low-emission vehicles certified on the primary desig-
nated clean fuel:
(A) Use of the substitute fuel in such other motor vehicles would not
increase emissions of NMOG (on a reactivity-adjusted basis), NOx, and
CO as determined pursuant to the procedures set forth in the "California
Test Procedure for Evaluating the Emission Impacts of Substitute Fuels
or New Clean Fuels," as adopted November 2, 1993, which is incorpo-
rated herein by reference; and
(B) Use of the substitute fuel in such other motor vehicles would result
in potential health risks from exposure to benzene, 1,3-butadiene, form-
aldehyde, and acetadehyde in the aggregate no greater than the corre-
sponding potential health risk from the emissions from such vehicles
when operating on their customary fuel, as determined pursuant to the
procedures set forth in the "California Test Procedure for Evaluating the
Emission Impacts of Substitute Fuels or New Clean Fuels," as adopted
November 2, 1993, which is incorporated herein by reference; and
(C) Use of the substitute fuel in such other motor vehicles would not
result in increased deterioration of the emission control system on the ve-
hicle and would not void the warranties of any such vehicles.
(b) Whenever the state board designates a substitute fuel pursuant to
this section, the state board shall also establish by regulation required
specifications for the substitute fuel.
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§2318
BARCLAYS CALIFORNIA CODE OF REGULATIONS
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(c) Commencing with the effective date of a regulatory action of the
state board designating a substitute fuel pursuant to this section, any per-
son may satisfy his or her obligations under this chapter pertaining to a
primary designated clean fuel, in whole or in part, by substituting the sub-
stitute fuel in place of the primary designated clean fuel.
NOTE: Authority cited: Sections 39600, 39601, 39667, 43013. 43018 and 43101,
Health and Safely Code: and Western Oil and Gas Ass'n. v. Orange County Air
Pollution Control District, 14 Cal. 3d 41 1, 121 Cal. Rptr. 249 (1975). Reference:
Sections 39000, 39001, 39002. 39003, 39500, 39515, 39516, 39667, 43000,
430 1 3, 4301 8 and 43 1 0 1 , Health and Safety Code; and Western Oil and Gas Ass 'n.
v. Orange County Air Pollution Control District, 14 Cal. 3d 41 1, 121 Cal. Rptr.
249(1975).
History
1. New section filed 8-30-91 ; operative 9-30-91 (Register 92. No. 14).
2. Amendment of subsections (a)(1), (a)(2), and (a)(3)(A)-(C) filed 1 1-2-93; op-
erative 12-2-93 (Register 93, No. 45).
2. Amendment of subsections (a) and (c) filed 12-8-2000; operative 1-7-2001
(Register 2000, No. 49).
§ 2318. Sunset for Particular Designated Clean Fuels.
This Chapter 8, shall cease to apply to a particular designated clean
fuel once the number of retail clean fuel outlets offering the designated
clean fuel represent at least ten percent of all retail gasoline outlets.
NOTE: Authority cited: Sections 39600. 39601, 39667, 43013, 43018 and 43101,
Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air
Pollution Control District, 14 Cal. 3d 41 1 , 121 Cal. Rptr. 249 (1975). Reference:
Sections 39000, 39001, 39002, 39003, 39500, 39515, 39516, 39667, 43000,
43013, 43018 and 431 01 , Health and Safety Code; and Western Oil and Gas Ass 'n.
v. Orange County Air Pollution Control District, 14 Cal. 3d 41 1, 121 Cal. Rptr.
249 (1975).
History
1. New section filed 12-8-2000; operative 1-7-2001 (Register 2000, No. 49).
Subchapter 8.5. Emissions Formula for
Employer-Based Trip Reductions
§ 2330. Applicability.
This subchapter shall be applicable to any air pollution control or air
quality management district which adopts or amends a rule or regulation
which establishes employer-based trip reduction requirements.
History
1. New subchapter 8.5 and section filed 12-21-95; operative 1-20-96 (Register
95, No. 51).
§2331. Definitions.
The following definitions shall apply to this subchapter:
(a) "AVR Base" is the average vehicle ridership based on the most re-
cent survey of employees at the site or an average value provided by the
air district. Employers shall have the option to choose either value.
(b) "AVR Goal" is the average vehicle ridership goal for a given year
provided by the air district or implementing agency.
(c) "Annual Commute Emission Factor" is the annual emission factor,
expressed in pounds per year, for a given year and pollutant based on a
typical commute vehicle fleet, peak period speed distributions and tem-
peratures, and average commute trip lengths for a given area.
History
1. New section filed 12-21-95; operative 1-20-96 (Register 95, No. 51).
§ 2332. Emissions Formula.
(a) Air pollution control districts and air quality management districts
shall use the following emissions formula, or an algebraic expression of
the formula which produces the same mathematical results, to determine
employer-based emissions reduction goals equivalent to employer-
based trip reduction goals:
Employer-Based Emissions Reduction Goal =
/ \
Average Daily
Peak Period Employees
as defined in district rules
\ /
/
\
AVR Base
AVR Goal
/
/
\
Annual Commute
Emission Factor
\ /
Example: If peak employees equal 100, AVR Base is 1.2, AVR Goal is 1.5, and Annual Commute Emission Factor for
Reactive Organic Gases (ROG) in 1995 is 21 lbs/year, then the Employer-Based Emissions Reduction Goal for ROG
equals:
(^00) xT-i L_ *! X (2l) = 336 lbs/year of ROG
(b) The state board shall provide the districts with district-specific an-
nual commute emission factors to be used in the emissions formula and
shall periodically update these factors. The factors shall be in a format
that allows for varying trip lengths.
(c) Air districts shall give employers with employment sites in more
than one air district the option to use the formula as set forth in subdivi-
sion (a) of this section to determine emission reduction goals for any or
all of their employment sites.
NOTE: Authority cited: Sections 39600, 39601, 40717.5(d) and 40916(c), Health
and Safety Code. Reference: Sections 40717, 40717.1, 40717.5, 40916, 40918,
40919, 40920 and 40920.5, Health and Safety Code.
History
1. New section filed 12-21-95; operative 1-20-96 (Register 95, No. 51).
Chapter 9. Off-Road Vehicles and Engines
Pollution Control Devices
Article 1. Small Off-Road Engines
§ 2400. Applicability.
(a)(1) This article applies to small off-road engines produced on or af-
ter January 1, 1995 and any equipment produced on or after January 1,
1995 that uses such engines.
(2) Every new small off-road engine that is manufactured for sale,
sold, or offered for sale in California, or that is introduced, delivered or
imported into California for introduction into commerce, and that is sub-
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Title 13
Air Resources Board
§2401
•
jecl to any of the standards prescribed in this article must be covered by
an Executive Order, issued pursuant to this article.
(3) This article does not apply to compression-ignition engines, as de-
fined in Section 2421, below 25 horsepower, produced during the 2000
and later model years or any equipment that uses such engines produced
during the 2000 and later model years.
(4) This article may apply to zero-emission small off-road equipment.
(b) Each part of this article is severable, and in the event that any part
of this article is held to be invalid, the remainder of this article remains
in full force and effect.
(c)(1) For purposes of this article, military tactical vehicles or equip-
ment means vehicles or equipment owned by the U.S. Department of De-
fense and/or the U.S. military services and used in combat, combat sup-
port, combat service support, tactical or relief operations, or training for
such operations.
(2) This article shall not apply to engines used in off-road military tac-
tical vehicles or equipment which have been exempted from regulations
under the federal national security exemption, 40 CFR, subpart J, section
90.908. It shall also not apply to those vehicles and equipment covered
by the definition of military tactical vehicle that are commercially avail-
able and for which a federal certificate of conformity has been issued un-
der 40 CFR Part 90, subpart B.
(3) On January 1, 1997, the U.S. Department of Defense shall submit
to the ARB a list of all vehicle and equipment types that are exempted
under the above provisions and which are located in the State of Califor-
nia. If any additional vehicle and equipment types are added to the list
during the previous 12 months, the U.S. Department of Defense shall up-
date the list and submit it to the ARB by January 1 of the following year.
NOTE: Information regarding authorization to adopt regulations that
are included in this chapter for nonpreempted nonroad vehicles or en-
gines pursuant to section 209(e) of the federal Clean Air Act (42 U.S.C.
7543(e) may be obtained from the Air Resources Board at 9528 Telstar
Avenue, El Monte, California 91731.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and
43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101,
43102, 43104, 43150-43154, 43205.5 and 43210-43212, Health and Safety
Code.
History
1. New section filed 5-1-92; operative 6-1-92 (Register 92, No. 19).
2. Amendment of subsection (a)(1) and Note filed 10-4-93; operative 11-3-93
(Register 93, No. 41).
3. Change without regulatory effect amending article heading, subsections (a)(1)
and (b) and Note filed 12-22-93 pursuant to title 1, section 100, California
Code of Regulations (Register 93, No. 52).
4. Amendment of subsections (a)(l)-(2) filed 7-24-95; operative 7-24-95 pur-
suant to Government Code section 1 1343.4(d) (Register 95, No. 30).
5. New subsections (c)(l)-(c)(3) filed 7-3-96; operative 7-3-96 pursuant to Gov-
ernment Code section 1 1343.4(d) (Register 96, No. 27).
6. Amendment of article heading, section and Note filed 3-23-99; operative
3-23-99 pursuant to Government Code section 1 1343.4(d) (Register 99, No.
13).
7. Amendment of subsection (a)(2) and new subsection (a)(3) filed 12-28-2000;
operative 12-28-2000 pursuant to Government Code section 11343.4(d) (Reg-
ister 2000, No. 52).
8. Amendment of subsection (a)(1) and new subsection (a)(4) filed 9-20-2004;
operative 10-20-2004 (Register 2004, No. 39).
§2401. Definitions.
(a) The definitions in Section 1900 (b), Chapter 1, Title 13 of the Cali-
fornia Code of Regulations, apply with the following additions:
(1) "ARB Enforcement Officer" means any officer or employee of the
Air Resources Board so designated in writing by the Executive Officer
or by the Executive Officer's designee.
(2) "Assembly-line tests" are those tests or inspections that are per-
formed on or at the end of the assembly-line.
(3) "Averaging" means the exchange of emission credits among en-
gine families within a given manufacturer's product line.
(4) "Banking" means the retention of small off-road engine emission
credits by the manufacturer generating the emission credits for use in fu-
ture model year averaging or trading as permitted by these regulations.
(5) "Basic engine" means an engine manufacturer's unique combina-
tion of engine displacement, number of cylinders, fuel system, emission
control system and other engine and emission control system characteris-
tics specified by the Executive Officer.
(6) "Calendar year" is the twelve month period commencing on Janu-
ary I through December 31.
(7) "Certification emission reduction credits" means the amount of
emission reduction or exceedance, by an engine family, below or above
the applicable HC+NOx (or NMHC+NOx, as applicable) or Particulate
Matter emission standard, respectively. Family emission levels (FEL)
below the standard create "positive credits," while FELs above the stan-
dard create "negative credits." Some or all of these credits may be re-
voked if the Executive Officer's review of the end-of-year reports or any
subsequent audit action(s) reveals problems or errors of any nature with
credit computations.
(A) "Projected credits" refer to emission credits based on the projected
applicable production/sales volume of the engine family.
(B) "Reserved credits" are emission credits generated within a model
year available for reporting to the Executive Officer at the end of the
model year.
(C) "Actual credits" refer to emission credits based on California's
share, determined by market analysis, of actual federal production/sales
volume as contained in the end-of-year reports submitted to the Execu-
tive Officer.
(8) "Certification value" means the product of the measured emissions
of the prototype engine at zero hours and the (calculated or assigned) de-
terioration factor.
(9) "Blue Sky Series engine" means a small off-road engine meeting
the requirements of Section 2403(b)(2)(A).
(10) "Complete engine assembly" or "Engine configuration" means
an assembly of a basic engine and all of the specific applicable compo-
nents (e.g., air inlet, fuel and exhaust systems, etc.) and calibrations (e.g.,
carburetor jet size, valve timing, etc.) required for the assembly to be in-
stalled into a new unit of equipment.
(11) "Crankcase emissions" means airborne substances emitted into
the atmosphere from any portion of the engine crankcase ventilation or
lubrication system.
(12) "Deterioration factor" means the calculated or assigned number
that represents the certification engine's emissions change over the dura-
bility period. It is multiplied by zero hour (new) engine test results to de-
termine the engine family compliance level. The deterioration factor is
determined as per Part II, Section 3 of the 1995-2004 Test Procedures
and Subpart B, Section 90. 104 of the 2005 and Later Test Procedures. See
"Emissions Durability Period," below.
(13) "Emission control system" includes any component, group of
components, or engine modification that controls or causes the reduction
of substances emitted from an engine.
(14) "Emissions durability period" is the period that represents an en-
gine's useful life. The emissions durability period is selected from the
choices listed in Part II, Section 1 of the 1995-2004 Test Procedures and
Subpart B, Section 90.104 of the 2005 and Later Test Procedures. The
durability periods are also noted in the table in section 2403(b). The emis-
sions durability period is used to determine an engine family's deteriora-
tion factors and in the calculation of certification and production emis-
sion reduction credits.
(15) "Emissions durability values" means emissions from an engine
that has accumulated service equivalent to that engine's emissions dura-
bility period, or the result of the product of the zero hour (new) engine
test results and the appropriate deterioration factor (e.g., the certification
values). The Executive Officer must approve the methods of service ac-
cumulation before the manufacturer begins service accumulation.
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(16) "Emission-related defect" means a defect in design, materials, or
workmanship in a device, system, or assembly described in the approved
application for certification which affects any applicable parameter,
specification, or component enumerated in Appendix A to Article 2.1,
Chapter 2, Division 3, Title 13, California Code of Regulations or listed
in the Emission Warranty Parts List pursuant to section 2405(d).
(17) "End of assembly-line" is defined as that place where the final
inspection test or production line test is performed.
(18) "Engine family" is a subclass of a basic engine based on similar
emission characteristics. The engine family is the grouping of engines
that is used for the purposes of certification.
(19) "Engine family name" means a multi-character alphanumeric se-
quence that represents certain specific and general information about an
engine family.
(20) "Engine manufacturer" means the manufacturer granted certifi-
cation.
(21) "Exhaust emissions" means substances emitted into the atmo-
sphere from any opening downstream from the exhaust port of an engine.
(22) "Extreme nonattainment area" means any area classified as an ex-
treme ozone nonattainment area by the U.S. Environmental Protection
Agency pursuant to Section 181(a) of the Clean Air Act, as amended, in-
cluding Orange County and the portions of Los Angeles, San Bernardino
and Riverside Counties described as extreme ozone nonattainment areas
in Title 40, section 81.305 of the Code of Federal Regulations.
(23) "Family emission level" or "FEL" means an emission level that
is declared by the manufacturer to serve for the averaging, banking, and
trading program and in lieu of an emission standard for certification. The
FEL serves as the engine family's emission standard for emissions com-
pliance efforts. If the manufacturer does not declare an FEL for an engine
family, the applicable emissions standard must be treated as that engine
family's FEL for the purposes of any provision of this Article.
(24) "Final calendar quarter production" is defined as the calendar
quarter in which the production of an engine family ends.
(25) "First calendar quarter production" is defined as the calendar
quarter in which the production of an engine family begins.
(26) "Fuel system" means the combination of any of the following
components: fuel tank, fuel pump, fuel lines, oil injection metering sys-
tem, carburetor or fuel injection components, or all fuel system vents.
(27) "Gross engine malfunction" is defined as one yielding an emis-
sion value greater than the sum of the mean plus three (3) times the stan-
dard deviation. This definition shall apply only for determination of con-
trol limits.
(28) "Horizontal-shaft engine" means any engine that is designed to
operate with the axis of the crankshaft in a horizontal position.
(29) "Incomplete engine assembly" means a basic engine assembly
that does not include all of the components necessary for designation as
a complete engine assembly, and is marketed in order to be a part of, and
assembled into, a new unit of equipment that is marketed to ultimate pur-
chasers.
(30) "Model year" means the manufacturer's annual production peri-
od that includes January 1 of a calendar year or, if the manufacturer has
no annual production period, the calendar year.
(3 1 ) "Off-road vehicle" or "Off-road equipment" means any non-sta-
tionary device, powered by an internal combustion engine or motor, used
primarily off the highways to propel, move, or draw persons or property
including any device propelled, moved, or drawn exclusively by human
power, and used in, but not limited to, any of the following applications:
Marine Vessels, Construction/Farm Equipment, Locomotives, Small
Off-Road Engines, Off-Road Motorcycles, and Off-Highway Recre-
ational Vehicles.
(32) "Point of first retail sale" means the point that the engine is first
sold directly to the ultimate purchaser. Generally, this point is the retail
engine or equipment dealer. If the engine is sold first to an equipment
manufacturer for installation in a piece of equipment, the equipment
manufacturer is the point of first retail sale if the equipment manufacturer
cannot demonstrate to a reasonable certainty that the engine will be ex-
ported or destined for retail sale outside California.
(33) "Production emission reduction credits" means the amount of
emission reduction or exceedance by an engine family below or above,
respectively, the applicable FEL to which the engine family is certified.
Emission reductions below the standard are considered "positive cred-
its," while emission exceedances above the standard are considered
"negative or required credits." (See Section 2409.)
(34) "Production line test" is defined as the emissions test performed
on a sample of production engines produced for sale in California and
conducted according to the Emissions Standards and Test Procedures
specified in Section 2403(b) and (d).
(35) "Sales" or "Eligible sales" means the actual or calculated sales of
an engine family in California for the purposes of averaging, banking or
trading. Upon Executive Officer approval, an engine manufacturer may
calculate its eligible sales through market analysis of actual federal pro-
duction or sales volume. Actual sales are sales calculated at the end of a
model year based on that model year's production, rather than on esti-
mates of production.
(36) "Scheduled maintenance" means any adjustment, repair, remov-
al, disassembly, cleaning, or replacement of components or systems re-
quired by the engine manufacturer that is performed on a periodic basis
to prevent part failure or equipment or engine malfunction, or anticipated
as necessary to correct an overt indication of malfunction or failure for
which periodic maintenance is not appropriate.
(37) "Small off-road engine" means any engine that produces a gross
horsepower less than 25 horsepower (at or below 19 kilowatts for 2005
and later model year), or is designed (e.g., through fuel feed, valve tim-
ing, etc.) to produce less than 25 horsepower (at or below 19 kilowatts
for 2005 and later model year), that is not used to propel a licensed on-
road motor vehicle, an off-road motorcycle, an all-terrain vehicle, a ma-
rine vessel, a snowmobile, a model airplane, a model car, or a model boat.
If an engine family has models below 25 horsepower (at or below 1 9 kilo-
watts) and models at or above 25 horsepower (above 1 9 kilowatts), only
the models under 25 horsepower (at or below 1 9 kilowatts) would be con-
sidered small off-road engines. Uses for small off-road engines include,
but are not limited to, applications such as lawn mowers, weed trimmers,
chain saws, golf carts, specialty vehicles, generators and pumps. All en-
gines and equipment that fall within the scope of the preemption of Sec-
tion 209(e)(1)(A) of the Federal Clean Air Act, as amended, and as de-
fined by regulation of the Environmental Protection Agency, are
specifically not included within this category. Any compression-igni-
tion engine, as defined in Section 2421, produced during the 2000 and
later model years shall not be defined as a small off-road engine.
(38) "Small off-road equipment" means any off-road equipment
powered by a small off-road engine, or comparable electric motor or oth-
er power source.
(39) "Third-party distributor" is a party that is not an engine or equip-
ment manufacturer, and that engages in wholesale or retail sales of com-
plete or incomplete small off-road engine assemblies.
(40) "Trading" means the exchange of small off-road engine emission
credits between manufacturers.
(41) "Ultimate purchaser" means the first person who in good faith
purchases a new small off-road engine or equipment using such an en-
gine for purposes other than resale.
(42) "Unscheduled maintenance" means any inspection, adjustment,
repair, removal, disassembly, cleaning, or replacement of components or
systems that is performed to correct or diagnose a part failure that was not
anticipated.
(43) "Vertical-shaft engine" means any engine that is designed to op-
erate with the axis of the crankshaft in a vertical position.
(44) "Warrantable condition" means any condition of an engine that
requires the manufacturer to take corrective action pursuant to Section
2405.
Page 286
Register 2004, No. 39; 9-24-2004
Title 13
Air Resources Board
§2403
(45) "Warranted part" means any emissions-related part installed on
an engine by the equipment or engine manufacturer, or installed in a war-
ranty repair, that is listed on the warranty parts list.
(46) "Warranty period" means the period of time that the engine or part
is covered by the warranty provisions.
(47) "Warranty station" means a service facility authorized by the
equipment or engine manufacturer to perform warranty repairs. This in-
cludes all manufacturer distribution centers that are franchised to service
the subject equipment or engines.
(48) "Zero-emission small off-road equipment" means any small off-
road equipment that produces zero emissions of any criteria pollutant (or
precursor pollutant) under any and all possible operational modes and
conditions.
NOTE: Authority cited: Sections 39600, 39601, 4301 3, 430 1 8. 43 101. 43 102 and
431 04, Health and Safety Code. Reference: Sections 43013, 43017, 4301 8. 43 1 01 .
43102, 43104, 43150-43154, 45205.5 and 43210-43212, Health and Safety
Code.
History
1. New section filed 5-1-92; operative 6-1-92 (Register 92, No. 19).
2. Amendment of Note filed 10-4-93; operative 1 1-3-93 (Register 93, No. 41).
3. Change without regulatory effect amending NOTE filed 12-22-93 pursuant to
title 1 , section 100, California Code of Regulations (Register 93, No. 52).
4. Amendment filed 7-24-95; operative 7-24-95 pursuant to Government Code
section 1 1343.4(d) (Register 95, No. 30).
5. Amendment of section and Note filed 3-23-99; operative 3-23-99 pursuant
to Government Code section 1 1343.4(d) (Register 99, No. 13).
6. Amendment of subsection (a)(35) and amendment of Note filed 12-28-2000;
operative 12-28-2000 pursuant to Government Code section 1 1343.4(d) (Reg-
ister 2000, No. 52).
7. Amendment filed 9-20-2004; operative 10-20-2004 (Register 2004, No. 39).
§ 2402. Test Procedures.
Test procedures referred to in this chapter may be obtained from the
California Air Resources Board at 9528 Telstar Avenue, El Monte, Cali-
fornia 91731.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and
431 04, Health and Safety Code. Reference: Sections4301 3, 4301 7, 4301 8, 431 01,
43102, 43104, 43150-43154, 43205.5 and 43210-43212, Health and Safety
Code.
History
1. New section filed 5-1-92; operative 6-1-92 (Reeister 92, No. 19).
2. Repealer of Note filed 10-4-93; operative 1 1-3-93 (Register 93, No. 41).
3. Change without regulatory effect amending Note filed 12-22-93 pursuant to
title 1, section 100, California Code of Regulations (Register 93, No. 52).
4. Amendment of Note filed 7-24-95; operative 7-24-95 pursuant to Govern-
ment Code section 1 1343.4(d) (Register 95, No. 30).
5. Amendment of section and Note filed 3-23-99; operative 3-23-99 pursuant
to Government Code section 1 1343.4(d) (Register 99, No. 13).
§ 2403. Exhaust Emission Standards and Test
Procedures — Small Off-Road Engines.
(a) This section applies to small off-road engines produced on or after
January 1, 1995.
(b)(1) Exhaust emissions from small off-road engines manufactured
for sale, sold, or offered for sale in California, or that are introduced, de-
livered or imported into California for introduction into commerce, must
not exceed:
Exhaust Emission Standards
grams per brake horsepower-hour
[grams per kilowatt-hour]
Calendar
Year
1995
1996 to 1999
Hydrocarbon plus
Engine
Oxides of
Carbon
ClassU*
Nitrogen^
Hydrocarbon^2^
Monoxide
I
12.0
_
300
II
10.0
_
300
III w
-
220
600
IV w
-
180
600
V(4)
-
120
300
I
12.0(5)
350
II
10.0(5)
_
350
III (4)
_
9?0(5)
600
IV (4)
_
180(5)
600
V(4)
-
120(5)
300
Oxides of
Nitrogen
4.0
4.0
4.0
4.0(5)
4.0(5)
4.0(5)
Particulate
0.9(3)
0.9 (3)
0.9(3)
0.9(3)
Exhaust Emission Standards for Spark-Ignition Engines
grams per brake horsepower-hour
[grams per kilowatt-hour]
Hydrocarbon
Durability
plus Oxides of
Carbon
Model Year
Engine Class
Periods (hours)
Nitrogen^2)
Monoxide
Particulate
2000-2001(5)
50/125/300
54
400
1.5(4)
0-65 cc, inclusive
[72]
[536]
[2.0]
N/A
12.0
350
>65 cc - <225 cc
[16.1]
[467]
N/A
10.0
350
>225 cc
[13.4]
[467]
2002-2004(5)
50/125/300
54
400
1.5(4)
0-65 cc, inclusive
[72]
[536]
[2.0]
>65 cc - <225 cc
125/250/500
12.0
410
Horizontal-Shaft Engine
[16.1]
[549]
>65 cc - <225 cc
NA
12.0
350
Vertical-Shaft Engine
[16.1]
[467]
125/250/500
9.0
410
>225 cc
[12.0]
[549]
Page 287
Register 2004, No. 39; 9-24-2004
§2403
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
Exhaust Emission Standards for Spark-Ignition Engines
grams per kilowatt-hour
Model Year
Displacement Category'
Durability Periods
(hours)
Hydrocarbon plus Oxides
ofNitrogen(2>(6>
Carbon
Monoxide
Particulate
2005 and subsequent
<50cc
50-80 cc, inclusive
50/125/300
50/125/300
50
72
536
536
2.0W
2005
>80 cc - <225cc
Horizontal-shaft Engine
>80 cc - <225cc
Vertical-shaft Engine
>225 cc
125/250/500
NA
125/250/500
16.1
16.1
12.1
549
467
549
2006
>80 cc - <225 cc
>225 cc
125/250/500
125/250/500
16.1
12.1
549
549
2007
>80 cc - <225 cc
>225 cc
125/250/500
125/250/500
10.0
12.1
549
549
2008 and
subsequent
>80 cc - <225cc
>225 cc
125/250/500
125/250/500/1000
10.0
8.0
549
549
0) "Class I" means small off-road engines greater than 65 cc to less than 225 cc in displacement.
"Class 11" means small off-road engines greater than or equal to 225 cc in displacement.
"Class III" means small off-road engines less than 20 cc in displacement.
"Class IV" means small off-road engines 20 cc to less than 50 cc in displacement.
"Class V" means small off-road engines greater than or equal to 50 cc to 65 cc in displacement.
(2)The Executive Officer may allow gaseous-fueled (i.e., propane, natural gas) engine families, that satisfy the requirements of the regulations, to certify to either
the hydrocarbon plus oxides of nitrogen or hydrocarbon emission standard, as applicable, on the basis of the non-methane hydrocarbon (NMHC) portion of the total
hydrocarbon emissions.
(3) Applicable to all diesel-cycle engines.
(4) Applicable to all two-stroke engines.
(5) Engines used exclusively in snowthrowers and ice augers need not certify to or comply with the HC and NOx standards or the crankcase requirements at the option
of the manufacturer.
(6) Engines used exclusively to power products which are used exclusively in wintertime, such as snowthrowers and ice augers, at the option of the engine manufactur-
er, need not certify to or comply with standards regulating emissions of HC+NOx or NMHC+NOx, as applicable. If the manufacturer exercises the option to certify
to standards regulating such emissions, such engines must meet such standards. If the engine is to be used in any equipment or vehicle other than an exclusively winter-
time product such as a snowthrower or ice auger, it must be certified to the applicable standard regulating emissions of HC+NOx or NMHC+NOx as applicable.
(2) Low-emitting Blue Sky Series engine requirements.
Voluntary standards. Engines may be designated "Blue Sky Series"
engines by meeting:
(A) All applicable requirements of this Article, and
(B) The following voluntary exhaust emission standards, which apply
to all certification and compliance testing. Blue Sky Series engines shall
not be included in the averaging, banking, and trading program. Zero-
Voluntary Emission Standards
(grams per kilowatt-hour)
Hydrocarbon plus
Model Year Displacement Category Oxides of Nitrogen
emission small off-road equipment may certify to the Blue Sky Series
emission standards. Manufacturers of zero-emission small off-road
equipment are not required to perform emissions testing, but must file an
application of certification and comply with the administrative require-
ments outlined in the 2005 and Later Test Procedures to certify their
equipment for sale in California.
2005 and subsequent
2007 and subsequent
2008 and subsequent
* Applicable to all two-stroke engines
<50 cc
50-80 cc, inclusive
>80 cc - <225 cc
>225 cc
25
36
5.0
4.0
(3) Evaporative emission requirements for small off-road engines are
specified in Title 13, Chapter 15, Article 1.
(c)(1) For the 2000 through 2006 model years, manufacturers of small
spark-ignited off-road engines between 65 and 225 cc displacement that
are manufactured for sale, offered for sale, or sold in any extreme non-at-
tainment area, or introduced, delivered or imported into any such ex-
treme non-attainment area for sale to an ultimate purchaser in an extreme
non-attainment area, and that are produced by manufacturers who pro-
duce more than 40,000 engines per year between 65 and 225 cc for sale
in such areas (based on data for engines produced for sale in such areas
in model year 1998), must meet the additional requirements of this sub-
section and achieve the additional emission reductions in subparagraph
(3).
Carbon Monoxide Particulate*
536 2.0
536 2.0
549
549
(2) No later than May 1 , 1999, each manufacturer subject to this sub-
section shall submit a plan to achieve additional emission reductions. The
plan shall include the following:
(A) An identification of the specific measures from subparagraph (4)
that the manufacturer intends to implement in the extreme nonattainment
areas, including but not limited to identification of engine families that
in model years 2000 and 2001 will meet the exhaust emissions reduction
requirements of subsection (b) for 2002 and subsequent model years
prior to required implementation, and the projected sales volumes of such
engine families in the extreme nonattainment areas;
(B) Data documenting the emissions performance of engines included
in the plan when operated on fuels meeting the requirements of Chapter
Page 288
Register 2004, No. 39; 9-24-2004
Title 13
Air Resources Board
§2403
5, Article 1, subarticle 2 of this Title applicable in the extreme nonattain-
menl areas; and
(C) A description of the provisions made by the manufacturer to assure
that all engines offered for sale or sold in the extreme nonattainment areas
(or introduced, delivered or imported into the extreme nonattainment
areas for sale to an ultimate purchaser in that area) will meet the require-
ments of the plan, including but not limited to a description of the meth-
ods to be used to determine actual sales of engines in the extreme nonat-
tainment areas; provided, that in the case of manufacturers that maintain
data on actual or projected Statewide engine sales, the Executive Officer
may approve provisions that demonstrate compliance with the plan on a
Statewide basis.
(3) The plans submitted under this subsection shall in the aggregate
provide for emissions reductions and controls by or from the group of en-
gines produced by the submitting manufacturers that are equal to or
greater than the difference between: 1) reductions that would have been
achieved in the extreme nonattainment areas in calendar years 2000,
2001 , 2005 and 2010 by all manufacturers of engines greater than 65 cc
displacement that would have met the emissions reduction requirements
proposed in the staff report contained in Mail-Out MSC-98-02 released
February 6, 1998; and 2) those same engines meeting the requirements
of subsection (b). The Executive Officer shall determine whether a plan
meets this requirement based on the estimated model year 1998 sales in
the extreme nonattainment areas available at time of plan submission by
manufacturers covered by this subsection, and using a proportional allo-
cation between such manufacturers based upon such estimated sales.
(4) The manufacturer's plan shall achieve additional emission reduc-
tions or controls through one or more of the following measures:
(A) The certification and introduction of engines greater than 65 cc
meeting the standards in subsection (b) before the applicable model year;
(B) The voluntary certification of engines not subject to emission re-
ductions requirements of the ARB due to preemption under section 222
of U.S. Public Law No. 101-549. A manufacturer choosing voluntarily
to certify an engine shall also certify that it will honor all compliance and
warranty requirements set forth in the provisions of this Title for that en-
gine;
(C) The certification of engines to Family Emission Levels below the
standards in subsection (b), or of engines that otherwise generate emis-
sions credits under section 2408 of this Article and that are not used for
any other purpose;
(D) The certification of engines to useful life periods longer than the
maximum requirements set forth in subsection (b);
(E) The introduction of engines that achieve in-use reductions in en-
gine evaporative emissions demonstrated by procedures acceptable to
the Executive Officer;
(F) The use of emission credits generated by the manufacturer pur-
suant to section 2409 of this Article and that are not used for any other
purpose; and
(G) Other measures approved in advance by the Executive Officer.
(5) The plan shall also demonstrate that at least 60 percent of engines
greater than 65 cc sold in extreme nonattainment areas comply in model
years 2000 and 2001 with the standards in subsection (b) applicable to
the 2006 model year. The percentage shall be calculated based on the to-
tal projected sales by all manufacturers of engines greater than 65 cc in
the extreme nonattainment areas in those model years, and shall be pro-
portionally allocated between the manufacturers subject to this subsec-
tion.
(6) The provisions of this subsection are not applicable to engines of-
fered for sale or sold outside an extreme nonattainment area, or intro-
duced, delivered or imported into an extreme nonattainment area for sale
to an ultimate purchaser outside an extreme nonattainment area.
(7) The Executive Officer shall determine if a plan timely submitted
under this subsection meets the requirements of this subsection no later
than June 1, 1999. The Executive Officer shall not issue any executive
orders for individual engine families subject to the plan until the plan is
approved. The manufacturer shall submit annual reports to the Executive
Officer demonstrating compliance with the plan approved by the Execu-
tive Office and may, at its discretion, propose revisions to its plan on an
annual basis. If, on the basis of information contained in a manufacturer's
annual report or any other information, the Executive Officer finds that
the manufacturer is not in compliance with an approved plan, the Execu-
tive Officer may direct the manufacturer to submit a revised plan; pro-
vided, that no such revision shall be required solely as a result of gain or
loss in market share in the extreme nonattainment areas during the period
while this subsection remains in effect. The Executive Officer shall act
upon any proposed revision of a plan within 30 days of receipt. Pending
approval of a revised plan, the Executive Officer shall not issue any Ex-
ecutive Orders for individual engine families subject to the revised plan.
These actions of the Executive Officer are in addition to any remedies
available under this Article or Part 5 of Division 26 of the Health & Safety
Code.
(d) The test procedures for determining compliance with the standards
for exhaust emissions from new small off-road engines are set forth in
"California Exhaust Emission Standards and Test Procedures for
1995-2004 Small Off-Road Engines," adopted March 20, 1992, and last
amended July 26, 2004 or "California Exhaust Emission Standards and
Test Procedures for 2005 and Later Small Off-Road Engines," adopted
July 26, 2004, as applicable, which is incorporated herein by reference.
(e) Averaging. For new 2000 and subsequent model year small off-
road engines, a manufacturer may comply with the standards established
in paragraph (b), above, by choosing either to certify an engine family to
the standards or to use the corporate average described below.
(1) For each model year, the corporate average value for a pollutant is
defined by the following equation:
n
X (FELj) (Sales/ Power/) (Load Factor) (EDP/) - credits expended
./•=i ; ; =avg
n
I (Sales/ Power)-) (Load Factor) (EDP,)
/=1
where n = the number of small off-road engine families.
FEL = the Family emission level for an engine family.
Sales/ = eligible sales of engine family/
Power/ = sales-weighted maximum modal power, in horsepower
or kilowatt as applicable, of engine family/ or an alternative
approved by the Executive Officer.
EDP/ = Emissions durability period of engine family/
AVG = For a given pollutant (HC+NOx, CO, or Particulate
Matter), a manufacturer's corporate average of the exhaust
emissions from those California small off-road engines
subject to the California corporate average pollutant exhaust
emission standard, as established by an Executive Order
certifying the California production for the model year.
Engines certified to voluntary standards of 2403(b)(2) are not
eligible for corporate averaging.
Credits expended = HC+NOx or Particulate Matter credits, as
defined in Sections 2408 and 2409, that are expended by the
manufacturer to adjust the corporate average. This term has no
meaning for any pollutants other than HC+NOx and
Particulate Matter.
Load Factor = For Test Cycle A and Test Cycle B, the Load Factor
= 47% (i.e., 0.47). For Test Cycle C, the Load Factor = 85%
(i.e., 0.85). For approved alternate test procedures, the load
factor must be calculated according to the Load Factor formula
found in paragraph (f)(1) of section 2408.
(2) The manufacturer's average pollutant exhaust emissions must
meet the corporate average standard at the end of the manufacturer's pro-
duction for the model year. At the end of the model year, the manufactur-
er must calculate a corrected corporate average using actual rather than
projected sales. Any discrepancy must be made up with emission reduc-
tion credits as explained in paragraph (3).
Page 289
Register 2006, No. 42; 10-20-2006
§2404
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(3) All excess HC+NOx or Particulate Matter emissions resulting from
final non-compliance with the California standard must be made up with
emission reduction credits or through incorporation in the following
model year's corporate average.
(A) Emission reduction credits expended within the next model year
to remedy final non-compliance will be used at a rate of 1 gram to 1 gram.
(B) Emission reduction credits expended after the end of the next mod-
el year to remedy final non-compliance must be used at a rate of 1.5
grams to 1 gram.
(f) In 1 995 and subsequent years, fire and police departments, and oth-
er entities that specialize in emergency response may purchase emergen-
cy equipment powered by a non-California certified engine only when
such equipment with a California-certified engine is not available. For
purposes of this section, a request to purchase emergency equipment
powered by a non-California certified engine must be submitted for ap-
proval to the Executive Officer.
(g)(1) No new engines below 225 cc may be produced for sale to re-
place pre-1995 model equipment after January 1, 1999, unless such new
engines comply with the 1995 model emission standards.
(2)(A) A new small off-road engine equal to or greater than 225 cc,
intended solely to replace an engine in a piece of off-road equipment that
was originally produced with an engine manufactured prior to the appli-
cable implementation date as described in paragraph (b), shall not be sub-
ject to the emissions requirements of paragraph (b) provided that:
1 . The engine manufacturer has ascertained that no engine produced
by itself or the manufacturer of the engine that is being replaced, if differ-
ent, and certified to the requirements of this article, is available with the
appropriate physical or performance characteristics to repower the
equipment; and
2. Unless an alternative control mechanism is approved in advance by
the Executive Officer, the engine manufacturer or its agent takes owner-
ship and possession of the engine being replaced; and
3. The replacement engine is clearly labeled with the following lan-
guage, or similar alternate language approved in advance by the Execu-
tive Officer:
THIS ENGINE DOES NOT COMPLY WITH CALIFORNIA OFF-
ROAD OR ON-HIGHWAY EMISSION REQUIREMENTS. SALE OR
INSTALLATION OF THIS ENGINE FOR ANY PURPOSE OTHER
THAN AS A REPLACEMENT ENGINE IN AN OFF-ROAD VE-
HICLE OR PIECE OF OFF-ROAD EQUIPMENT WHOSE ORIGI-
NAL ENGINE WAS NOT CERTIFIED IS A VIOLATION OF CALI-
FORNIA LAW SUBJECT TO CIVIL PENALTY.
(B) At the beginning of each model year, the manufacturer of replace-
ment engines must provide, by engine model, an estimate of the number
of replacement engines it expects to produce for California for that model
year.
(C) At the conclusion of the model year, the manufacturer must pro-
vide, by engine model, the actual number of replacement engines pro-
duced for California during the model year, and a description of the phys-
ical or performance characteristics of those models that indicate that
certified replacement engine(s) were not available as per paragraph (A).
(h) Any new equipment engine certified to comply with California
emission standards and test procedures for on-road or other off-road
applications may, upon approval by the Executive Officer, be in com-
pliance with these regulations.
NOTE: Authority cited: Sections 39600. 39601, 43013, 43018, 43101, 43102 and
43104, Health and Safety Code. Reference: Sections 43013, 43017.43018,43101,
43102, 43104, 43150^3154, 43205.5 and 43210-43212, Health and Safety
Code.
History
1. New section filed 5-1-92; operative 6-1-92 (Register 92, No. 19).
2. Amendment of subsections (a), (b), (b)(4)(ii), (c), (d), (e) and Note filed
10^1—93; operative 11-3-93 (Register 93, No. 41).
3. Change without regulatory effect repealing article heading and amending Note
filed 12-22-93 pursuant to title 1, section 100, California Code of Regulations
(Register 93, No. 52).
4. Amendment of subsection (c) filed 10-18-94; operative 10-18-94 pursuant to
Government Code section 1 1346.2(d) (Register 94, No. 42).
5. Amendment filed 7-24-95: operative 7-24-95 pursuant to Government Code
section 1 1343.4(d) (Register 95, No. 30).
6. Amendment of subsections (b) and (c) filed 8-29-96; operative 8-29-96 pur-
suant to Government Code section 1 1343.4 (d) (Register 96, No. 35).
7. Editorial correction of Table and subsection (f) (Register 97, No. 8).
8. Amendment of Table and new subsection (b)(6) filed 2-20-97; operative
2-20-97 pursuant to Government Code section 1 1 343.4(d) (Register 97, No. 8).
9. Amendment of section heading, section and Note filed 3-23-99; operative
3-23-99 pursuant to Government Code section 1 1343.4(d) (Register 99, No.
13).
10. Change without regulatory effect amending subsection (c)(7) filed 7-7-99
pursuant to section 1 00, title 1 , California Code of Regulations (Reeister 99, No.
28).
11. Amendment of table contained within subsection (b) and amendment of sub-
section (d) filed 12-28-2000; operative 12-28-2000 pursuant to Government
Code section 1 1343.4(d) (Register 2000, No. 52).
12. Amendment filed 9-20-2004; operative 10-20-2004 (Register 2004. No. 39).
§ 2404. Emission Control Labels and Consumer
Information — 1995 and Later Small Off-Road
Engines.
(a) Purpose. The Air Resources Board recognizes that certain emis-
sions-critical or emissions-related parts must be properly identified and
maintained in order for engines to meet the applicable emission stan-
dards. In addition, the Board recognizes that information regarding en-
gines' emissions levels may influence consumer choice. These specifica-
tions require engine or equipment manufacturers to affix a label (or
labels) on each production engine (or equipment, as applicable) to pro-
vide the engine or equipment owner and service mechanic with informa-
tion necessary for the proper maintenance of these parts in customer use.
These specifications further require engine or equipment manufacturers
to to make information regarding relative emissions levels available to
potential ultimate purchasers. For engines used in auxiliary power sys-
tems which, in turn, are used to comply with the diesel-fueled commer-
cial vehicle idling requirements of title 13, CCR, section 2485(c)(3)(A),
additional labeling requirements for the engine or equipment manufac-
turers apply, as set forth in section 35.B.4 of the "California Exhaust
Emission Standards and Test Procedures for 2004 and Subsequent Model
Heavy-Duty Diesel Engines and Vehicles," as incorporated by reference
in title 13, CCR, section 1956.8(b).
(b) Applicability. These specifications apply to
(1) 1995 and later small off-road engines, that have been certified to
the applicable emission standards pursuant to Health and Safety Code
Section 43013.
(2) Engine manufacturers and original equipment manufacturers, as
applicable, that have certified such engines; and
(3) Original equipment manufacturers, regardless of whether they
have certified the engine, if their equipment obscures the emissions con-
trol label of such certified engines.
(c) Engine Label Content and Location.
(1) A plastic or metal tune-up label must be welded, riveted or other-
wise permanently attached by the engine manufacturer to an area on the
engine (i.e., block or crankcase) in such a way that it will be readily vis-
ible to the average person after installation of the engine in the equip-
ment. If such an attachment is not feasible, the Executive Officer may al-
low the label to be attached on components of the engine or equipment
assembly (as applicable) that satisfy the requirements of Subsection
(c)(2). Such labels must be attached on all engine assemblies (incomplete
and complete) that are produced by an engine manufacturer.
(2) In selecting an acceptable location, the engine manufacturer must
consider the possibility of accidental damage (e.g., possibility of tools or
sharp instruments coming in contact with the label). Each engine label(s)
must be affixed in such a manner that it cannot be removed without de-
stroying or defacing the label, and must not be affixed to any engine (or
equipment, as applicable) part that is likely to be replaced during the en-
gine's (or equipment's, as applicable) useful life. The engine label must
not be affixed to any engine (or equipment, as applicable) component that
is easily detached from the engine. If the manufacturer claims there is in-
Page 290
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Title 13
Air Resources Board
§2404
adequate space to affix the label, the Executive Officer will determine a
suitable location.
(3) The engine label information must be written in the English lan-
guage and use block letters and numerals (i.e., sans serif, upper-case
characters) that must be of a color that contrasts with the background of
the label.
(4) The engine label must contain the following information:
(A) The label heading must read: "IMPORTANT ENGINE IN-
FORMATION or "IMPORTANT EMISSION INFORMATION."
(B) The full corporate name or trademark of the engine manufacturer.
1. An engine manufacturer may request the Executive Officer's ap-
proval to delete its name and trademark, and substitute the name and
trademark of another engine manufacturer, original equipment manufac-
turer, or third-party distributor.
2. Such an approval does not relieve the engine manufacturer granted
an engine family Executive Order of any requirements imposed on the
applicable engines by this Article.
(C) For alternate-fuel or dual-fuel engines, "THIS ENGINE IS CER-
TIFIED TO OPERATE ON (specify operating fuel(s))."
(D) Identification of the Exhaust Emission Control System. The meth-
od utilized to identify the exhaust emission control systems must con-
form to the emission-related nomenclature and abbreviations method
provided in the Society of Automotive Engineers' recommended prac-
tice J 1930, "Electrical/Electronic Systems Diagnostic Terms, Defini-
tions, Abbreviations and Acronyms — Equivalent to ISO/TR 15031-2:
April 30, 2002", April 2002; and as specified in Section 1977, Title 13,
California Code of Regulations.
(E) For otto-cycle engines, the maintenance specifications and adjust-
ments recommended by the engine manufacturer, including, as applica-
ble: valve lash, ignition timing, idle air/fuel mixture setting procedure
and value (e.g., idle CO, idle speed drop), and high idle speed. For diesel-
cycle engines, the specifications and adjustments recommended by the
engine manufacturer, including, as applicable: initial injection timing,
and fuel rate (in mm3/stroke) at rated power. These specifications must
indicate the proper transmission position, (if applicable), during tune-up
and what accessories, if any, should be in operation, and what systems,
if any (e.g., vacuum advance, air pump), should be disconnected during
the tune-up. If the engine manufacturer does not recommend adjustment
of the foregoing specifications, the engine manufacturer may include in
lieu of the "specifications" the single statement "NO OTHER ADJUST-
MENTS NEEDED." For all engines, the instructions for tune-up adjust-
ments must be sufficiently clear on the engine label to preclude the need
for a mechanic or equipment owner to refer to another document in order
to correctly perform the adjustments.
(F) Any specific fuel or engine lubricant requirements (e.g., lead con-
tent, research octane number, engine lubricant type).
(G) The date of engine manufacture (month and year).
(H) An unconditional statement of compliance with the appropriate
calendar year (for 1 995-1 999) or model year(s) (for 2000 and later) Cali-
fornia regulations; for example, "THIS ENGINE MEETS 2005 CALI-
FORNIA EXH EMISSION REGULATIONS FOR SMALL OFF-
ROAD ENGINES." For engines certified to emission standards subject
to a durability period as set forth in §2403(b), the durability period must
be stated in the owner's manual.
(I) Engine displacement (in cubic centimeters) of the engine upon
which the engine label is attached.
(J) The engine family identification (i.e., engine family name).
(5) If there is insufficient space on the engine to accommodate an en-
gine label that contains all of the information required in Subsection (4)
above, the Executive Officer may allow the engine manufacturer to
modify the engine label as follows:
(A) Exclude the information required in Subsections (4)(C), (D), (E),
(F), and (I) from the engine label. The fuel or lubricant information must
be specified elsewhere on the engine, or in the owner's manual.
(B) Substitute the information required in Subsection (4)(E) with the
statement: "REFER TO OWNER'S MANUAL FOR MAINTENANCE
SPECIFICATIONS AND ADJUSTMENTS." When such a statement is
used, the information required by Subsection (4)(E) must appear in the
owner's manual.
(C) Exclude the information required by Subsection (4)(G) on the en-
gine label if the date the engine was manufactured is stamped permanent-
ly on the engine, and this stamped date is readily visible.
(D) Make such other reasonable modifications or abbreviations as
may be approved by the Executive Officer.
(d) An engine label may state that the engine conforms to any applica-
ble federal, Canadian, or European emission standards for new equip-
ment engines; or any other information that the engine manufacturer
deems necessary for, or useful to, the proper operation and satisfactory
maintenance of the engine.
(e) Supplemental Engine Label Content and Location.
(1) When a final equipment assembly that is marketed to any ultimate
purchaser is manufactured and the engine label attached by the engine
manufacturer is obscured (i.e., not readily visible), the manufacturer of
the final equipment assembly (i.e., original equipment manufacturer)
must attach a supplemental engine label upon the engine or equipment.
The supplemental engine label must be plastic or metal, must meet the
visibility, durability and formatting requirements of paragraphs (f), (g)
and (h), and must be welded, riveted or otherwise attached permanently
to an area of the engine or equipment assembly so as to be readily visible
to the average person.
(2) The original equipment manufacturer required to attach a supple-
mental engine label must consider the possibility of accidental damage
to the supplemental engine label in the determination of the label loca-
tion. Such a label must not be attached to any engine or equipment com-
ponent that is likely to be replaced during the useful life of the engine or
equipment (as applicable). Such a label must not be attached to any en-
gine or equipment component that is detached easily from the engine or
equipment (as applicable).
(3) The supplemental engine label information must be written in the
English language and use block letters and numerals (i.e., sans serif, up-
per-case characters) that must be of a color that contrasts with the back-
ground of the label.
(4) A supplemental engine label must contain the information as speci-
fied in Subsection (c)(4) (and (/), as applicable), except that the date of
engine manufacture specified in (c)(4)(G) may be deleted from the
supplemental engine label. When the date of engine manufacture does
not appear on the supplemental engine label, the responsible original
equipment manufacturer must display (e.g., label, stamp, etc.) the date
elsewhere on the engine or equipment so as to be readily visible.
(f) As used in these specifications, readily visible to the average person
means that a label is readable from a distance of 46 centimeters (18 in-
ches) without any obstructions from equipment or engine parts (includ-
ing all engine manufacturer or original equipment manufacturer (as
applicable) available optional equipment) except for flexible parts (e.g.,
vacuum hoses, ignition wires) that can be moved out of the way without
disconnection. Alternatively, information required by these specifica-
tions to be printed on the engine and supplemental engine (as applicable)
must be no smaller than 2 millimeters in height provided that no equip-
ment or engine parts (including all manufacturer available optional
equipment), except for flexible parts, obstruct the label(s).
(g) The labels and any adhesives used must be designed to withstand,
for the engine's or equipment's useful life, typical equipment environ-
mental conditions in the area where the labels required by this section are
attached. Typical equipment environmental conditions include, but are
not limited to, exposure to engine fuels, lubricants and coolants (e.g., gas-
oline, motor oil, water, ethylene glycol). The engine manufacturer must
submit, with its certification application, a statement attesting that its la-
bels comply with these requirements.
(h) The engine manufacturer must obtain approval from the Executive
Officer for all label formats and locations in conjunction with the engine
family certification. Approval of the specific maintenance settings is not
required; however, the format for all such settings and tolerances, if any,
Page 290.1
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§2404
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
is subject to review. If the Executive Officer finds that the information
on the label is vague or subject to misinterpretation, or that the location
does not comply with these specifications, the Executive Officer may re-
quire that the label or its location be modified accordingly.
(i) Samples of all actual production labels used within an engine fami-
ly must be submitted to the Executive Officer within thirty days after the
start of production. Engine manufacturers must provide samples of their
own applicable production labels, and samples of applicable production
original equipment manufacturer labels that are accessible to the engine
manufacturers due to the direct market arrangement between such man-
ufacturers.
(j) The Executive Officer may approve alternate label locations or
may, upon request, waive or modify the label content requirements pro-
vided that the intent of these specifications is met.
(k)( J ) If the Executive Officer finds any engine manufacturer using la-
bels that are different from those approved or that do not substantially
comply with the readability or durability requirements set forth in these
specifications, the engine manufacturer will be subject to revocation or
suspension of Executive Orders for the applicable engine families, or en-
joined from any further sales or distribution, of such noncompliant en-
gine families, or subgroups within the engine families, in the State of Cal-
ifornia pursuant to Section 43017 of the Health and Safety Code. Before
seeking to enjoin an engine manufacturer, the Executive Officer will con-
sider any information provided by the engine manufacturer.
(2) If the Executive Officer finds any original equipment manufacturer
using labels for which it has responsibility for attaching that are different
from those approved or that do not substantially comply with the read-
ability or durability requirements set forth in these specifications, the
equipment manufacturer will be subject to being enjoined from any fur-
ther sales, or distribution, of the applicable equipment product line that
uses such noncompliant labels in the State of California pursuant to Sec-
tion 430 J 7 of the Health and Safety Code. Before seeking to enjoin an
equipment manufacturer, the Executive Officer will consider any infor-
mation provided by the equipment manufacturer.
(/) Air Index Label Content and Location. For engines certified to
emission standards subject to a durability period as set forth in §2403(b)
and for engines used to meet the requirements of §2403(c),each engine
manufacturer must make Air Index and durability period information
available to potential ultimate purchasers.
(1) The Air Index for each engine family is determined by the follow-
ing formula:
Air Index = FEL x 3,
Standard
rounded to the nearest whole number in accordance with ASTM E
29-93a (May 1993),
where
FEL= the Family Emission Limit (or standard, if averaging is not be-
ing used) for the engine; and
Standard = The HC+NOx emissions standard, as applicable in § 2403
(b).
(2) The emissions durability period must be indicated by the actual
hours, by the descriptive terms shown in the table below, or by both.
For 2000 through 2004 model year small off-road engines:
Descriptive term Applicable to Emissions Durability Period
Moderate
Intermediate
Extended
50 hours (0-65 cc, inclusive)
125 hours (greater than 65 cc)
125 hours (0-65 cc, inclusive)
250 hours (greater than 65 cc)
300 hours (0-65 cc, inclusive)
500 hours (greater than 65 cc)
Descriptive term
Moderate
Intermediate
Extended
Applicable to Emissions Durability Period
50 hours (0-80 cc, inclusive)
125 hours (greater than 80 cc)
125 hours (0-80 cc, inclusive)
250 hours (greater than 80 cc)
300 hours (0-80 cc, inclusive)
500 hours (greater than 80 cc)
1000 hours (225 cc and greater)
(3) The Air Index information must include a graphical representation
of the Air Index, information regarding the significance of the Air Index,
and an indication of the emissions durability period of the engine.
(A) The Air Index information should be conveyed in the general the
form of the following example.
The Air Index of this engine is 7
0 2 4 6 8 10
Most Clean Least Clean
Note: The lower the Air Index, the less pollution.
This engine is certified to be emissions compliant for the following
use:
E Moderate [or appropriate hours, or both]
X Intermediate [or appropriate hours, or both]
E Extended [or appropriate hours, or both]
Check the owner's manual for further details.
(B) The Executive Officer, upon request, may waive or modify the
form of the Air Index information or may approve alternative forms, pro-
vided that the intent of providing Air Index information is met.
(4) No earlier than January J , 2003, the Executive Officer will conduct
a hearing to assess consumer awareness of Air Index information in pur-
chasing decisions.
(A) At such hearing the Executive Officer will compare the degree of
consumer awareness of Air Index information by purchasers of engines
not meeting specifications (A)-(C) in subsection (/)(5) to the degree of
consumer awareness of Air Index information by purchasers of engines
substantially meeting specifications (A)-(C) of subsection (0(5). If the
Executive Officer determines that the degree of consumer awareness is
statistically equivalent, the provisions of subsections (/)(l-3) shall re-
main in effect and the Executive Officer will not require engine manufac-
turers to meet the requirements of subsection (/)(5).
(B) If the Executive Officer determines that there are insufficient en-
gines meeting specifications (A)-(C) in subsection (0(5) to make the
above comparison, the Executive Officer will compare the degree of con-
sumer awareness of Air Index information by purchasers of engines not
meeting specifications (A)-(C) in subsection (0(5) to other similar con-
sumer information programs including, but not limited to, the passenger
car Smog Index labeling program. If the Executive Officer determines
that the degree of consumer awareness is statistically equivalent to other
similar consumer information programs, the provisions of subsections (/)
(1-3) shall remain in effect and the Executive Officer will not require en-
gine manufacturers to meet the requirements of subsection (0(5).
(C) If the Executive Officer determines that the degree of consumer
awareness is not statistically equivalent under (A) and (B), then no earlier
than at the beginning of the first full model year following the Executive
Officer's final determination, provided that manufacturers have no less
than 9 months of lead time, the Executive Officer will require engine
manufacturers to meet the requirements of subsection (/)(5).
(5) If the Executive Officer has made the determination in subsection
(0(4)(C), then the following requirements apply:
(A) All information required on the Air Index Label must be no smaller
than 2 millimeters in height.
For 2005and subsequent model year small off-road engines:
Page 290.2
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Title 13
Air Resources Board
§2405
(B) The Air Index Label must be noticeable from a distance of 1 50 cen-
timeters (59 inches) without any obstructions by equipment or engine
parts, including all engine manufacturer or original equipment manufac-
turer (as applicable) available optional equipment. For engines that are
installed in an engine compartment that is easily accessible to the ulti-
mate purchaser, this subsection (/)(5)(B) may be satisfied by a generic la-
bel or hang tag stating "LOOK INSIDE THE ENGINE COMPART-
MENT FOR IMPORTANT EMISSIONS INFORMATION," or by other
means, subject to the Executive Officer's approval.
(C) The Air Index Label must be located in at least one of the following
locations:
1. included on the engine label;
2. included as an additional engine label, designed and intended for re-
moval only by the ultimate purchaser; or
3. included as an engine or equipment hang-tag designed or intended
for removal only by the ultimate purchaser;
(D) For engines 0-65 cc (up to 80 cc beginning with the 2005 model
year), inclusive, the engine manufacturer must also arrange for a label
with the engine family's Air Index to be attached to the equipment pack-
aging.
(E) The Executive Officer, upon request, may waive or modify the
form of the Air Index Label or may approve alternative forms, sizes or
locations, provided that the intent of the Air Index Label requirement is
met.
(6) The labeling and consumer information provisions of subsection
(/) shall not apply to engines that are not the primary power source of the
equipment in which they are installed or to engines that are installed in
equipment that the engine or equipment manufacturer can demonstrate,
to the Executive Officer's reasonable satisfaction, are used almost exclu-
sively in commercial applications in which consumer information are not
likely to affect a purchasing decision.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43017, 43018, 43101,
43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017,
43018, 43101, 43102, 43104, 43150-43154, 43205.5 and 43210-43212, Health
and Safety Code.
History
1. New section filed 5-1-92; operative 6-1-92 (Register 92, No. 19).
2. Amendment of section heading and subsections (b), (b)(1), (b)(4)(H) and Note
filed 10-4-93; operative 11-3-93 (Register 93, No. 41).
3. Change without regulatory effect amending Note filed 12-22-93 pursuant to
title 1 , section 100, California Code of Regulations (Register 93, No. 52).
4. Amendment filed 7-24-95; operative 7-24-95 pursuant to Government Code
section 1 1343.4(d) (Register 95, No. 30).
5. Amendment of section heading, section and Note filed 3-23-99; operative
3-23-99 pursuant to Government Code section 11343.4(d) (Register 99, No.
13).
6. Amendment of subsection (c)(4)(A), redesignation of subsections
(c)(4)(A)(i)-(ii) as (c)(4)(A)l.-2., amendment of subsections (c)(4)(D),
(c)(4)(H), (d) and (0(2), redesignation of subsections (/)(5)(C)(i)-(iii) as
(/)(5)(C)l.-3. and amendment of subsection (1)(5)(D) filed 9-20-2004; opera-
tive 10-20-2004 (Register 2004, No. 39).
7. Amendment of subsection (a) filed 10-16-2006; operative 11-15-2006 (Regis-
ter 2006, No. 42).
§ 2405. Defects Warranty Requirements for 1995 and Later
Small Off-Road Engines.
(a) Applicability. This section applies to 1995 and later small off-road
engines. The warranty period begins on the date the engine or equipment
is delivered to an ultimate purchaser.
(b) General Emissions Warranty Coverage. The manufacturer of each
small off-road engine must warrant to the ultimate purchaser and each
subsequent purchaser that the engine is:
(1) Designed, built, and equipped so as to conform with all applicable
regulations adopted by the Air Resources Board pursuant to its authority
in Chapters 1 and 2, Part 5, Division 26 of the Health and Safety Code;
and
(2) Free from defects in materials and workmanship that cause the fail-
ure of a warranted part to be identical in all material respects to the part
as described in the engine manufacturer's application for certification for
a period of two years.
(c) The warranty on emissions-related parts will be interpreted as fol-
lows:
(1) Any warranted part that is not scheduled for replacement as re-
quired maintenance in the written instructions required by Subsection (d)
must be warranted for the warranty period defined in Subsection (b)(2).
If any such part fails during the period of warranty coverage, it must be
repaired or replaced by the engine manufacturer according to Subsection
(4) below. Any such part repaired or replaced under the warranty must
be warranted for the remaining warranty period.
(2) Any warranted part that is scheduled only for regular inspection in
the written instructions required by Subsection (d) must be warranted for
the warranty period defined in Subsection (b)(2). A statement in such
written instructions to the effect of "repair or replace as necessary" will
not reduce the period of warranty coverage. Any such part repaired or re-
placed under warranty must be warranted for the remaining warranty pe-
riod.
(3) Any warranted part that is scheduled for replacement as required
maintenance in the written instructions required by Subsection (d) must
be warranted for the period of time prior to the first scheduled replace-
ment point for that part. If the part fails prior to the first scheduled re-
placement, the part must be repaired or replaced by the engine manufac-
turer according to Subsection (4) below. Any such part repaired or
replaced under warranty must be warranted for the remainder of the peri-
od prior to the first scheduled replacement point for the part.
(4) Repair or replacement of any warranted part under the warranty
provisions of this article must be performed at no charge to the owner at
a warranty station.
(5) Notwithstanding the provisions of Subsection (4) above, warranty
services or repairs must be provided at all manufacturer distribution cen-
ters that are franchised to service the subject engines.
(6) The owner must not be charged for diagnostic labor that leads to
the determination that a warranted part is in fact defective, provided that
such diagnostic work is performed at a warranty station.
(7) The engine manufacturer is liable for damages to other engine
components proximately caused by a failure under warranty of any war-
ranted part.
(8) Throughout the engine's warranty period defined in Subsection
(b)(2). the engine manufacturer must maintain a supply of warranted
parts sufficient to meet the expected demand for such parts.
(9) Any replacement part may be used in the performance of any war-
ranty maintenance or repairs and must be provided without charge to the
owner. Such use will not reduce the warranty obligations of the engine
manufacturer.
(10) Add-on or modified parts that are not exempted by the Air Re-
sources Board may not be used. The use of any non-exempted add-on
or modified parts will be grounds for disallowing a warranty claim made
in accordance with this article. The engine manufacturer will not be liable
under this article to warrant failures of warranted parts caused by the use
of a non-exempted add-on or modified part.
(11) The Executive Officer may request and, in such case, the engine
manufacturer must provide, any documents that describe that manufac-
turer's warranty procedures or policies.
(d) Each manufacturer must include a copy of the following emission
warranty parts list with each new engine, using those portions of the list
applicable to the engine.
(1) Fuel Metering System
(A) Carburetor and internal parts (and/or pressure regulator or fuel in-
jection system).
(B) Air/fuel ratio feedback and control system.
(C) Cold start enrichment system.
(2) Air Induction System
(A) Controlled hot air intake system.
(B) Intake manifold.
(C) Air filter.
(3) Ignition System
(A) Spark Plugs.
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§ 2405.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(B) Magneto or electronic ignition system.
(C) Spark advance/retard system.
(4) Exhaust Gas Recirculation (EGR) System
(A) EGR valve body, and carburetor spacer if applicable.
(B) EGR rate feedback and control system.
(5) Air injection System
(A) Air pump or pulse valve.
(B) Valves affecting distribution of flow.
(C) Distribution manifold.
(6) Catalyst or Thermal Reactor System
(A) Catalytic converter.
(B) Thermal reactor.
(C) Exhaust manifold.
(7) Particulate Controls
(A) Traps, filters, precipitators, and any other device used to capture
particulate emissions.
(8) Miscellaneous items Used in Above Systems
(A) Vacuum, temperature, and time sensitive valves and switches.
(B) Electronic controls.
(C) Hoses, belts, connectors, and assemblies.
(e) Each manufacturer must furnish with each new engine written in-
structions for the maintenance and use of the engine by the owner. The
instructions must be consistent with this article and applicable regula-
tions contained herein.
(f) Each engine manufacturer must submit the documents required by
Subsection (d) with the engine manufacturer's application for engine cer-
tification for approval by the Executive Officer. Approval by the Execu-
tive Officer of the documents required by Subsection (d) is a condition
of certification. The Executive Officer will approve or disapprove the
documents required by Subsection (d) within 90 days of the date such
documents are received from the engine manufacturer. Any disapproval
must be accompanied by a statement of the reasons thereof. In the event
of disapproval, the engine manufacturer may file for an adjudicative
hearing pursuant to Title 17, California Code of Regulations, Section
60040 et seq., to review the decision of the Executive Officer.
(g) In the application for engine certification, each engine manufactur-
er must include a statement regarding the maintenance of the engine for
clean air. The statement must include, but not be limited to, information
on carburetor adjustment, air filter care and replacement schedule, spark
plug maintenance and inspection, proper fuel/oil ratio for low emissions,
use of appropriate fuel, proper fueling and fuel mixing, proper method
of disposing of oil and oil containers, engine maintenance, and a mainte-
nance schedule to ensure that the owner returns to a servicing center to
check for deposits, debris build-up, etc.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and
43 104, Health and Safety Code. Reference: Sections 43013, 4301 7, 4301 8, 43101 ,
43102, 43104, 43150-43154, 43205.5 and 43210-43212, Health and Safety
Code.
History
1. New section filed 5-1-92; operative 6-1-92 (Register 92, No. 19).
2. Amendment of section heading, subsection (a) and Note filed 10-4-93; opera-
tive 11-3-93 (Register 93, No. 41).
3. Change without regulatory effect repealing article heading and amending sub-
section (e) and Note filed 12-22-93 pursuant to title 1, section 100, California
Code of Regulations (Register 93, No. 52).
4. Amendment of subsections (f)-(g) filed 7-24-95; operative 7-24-95 pursuant
to Government Code section 1 1343.4(d) (Register 95, No. 30).
5. Amendment of section heading, section and Note filed 3-23-99; operative
3-23-99 pursuant to Government Code section 1 1343.4(d) (Register 99, No.
13).
6. Amendment of subsection (c)(10) filed 8-29-2000; operative 9-28-2000 (Reg-
ister 2000, No. 35).
7. Redesignation of subsections (d)(l)(i)-(d)(8)(iii) as subsections
(d)(l)(A)-(d)(8)(C) filed 9-20-2004; operative 10-20-2004 (Register 2004,
No. 39).
§ 2405.1. Emission-Related Defect Reporting
Requirements.
(a) Applicability. This section applies to 2005 model year and later
small off-road engines. The requirement to report emission-related de-
fects affecting a given class or category of engines will remain applicable
for five years from the end of the calendar year in which such engines
were manufactured.
(b) A manufacturer must file a defect information report whenever, on
the basis of data obtained subsequent to the effective date of these regula-
tions:
(1) The manufacturer determines, in accordance with procedures es-
tablished by the manufacturer to identify either safety-related or perfor-
mance defects, that a specific emission-related defect exists; and
(2) A specific emission-related defect exists in 25 or more engines of
a given engine family manufactured in the same Executive Order or mod-
el year.
(c) No report must be filed under this section for any emission-related
defect corrected prior to the sale of the affected engines to ultimate pur-
chasers.
(d) The manufacturer must submit defect information reports to Chief,
Mobile Source Operations Division, Air Resources Board, 9528 Telstar,
El Monte, CA 9173 1, not more than 15 working days after an emission-
related defect is found to affect 25 or more engines manufactured in the
same Executive Order or model year. Information required by paragraph
(e) of this section that is either not available within 15 working days or
is significantly revised must be submitted the Executive Officer as it be-
comes available.
(e) Each defect report must contain the following information in sub-
stantially the format outlined below:
(1) The manufacturer's corporate name.
(2) A description of the defect and part number(s).
(3) A description of each class or category of engines potentially af-
fected by the defect including make, model, model year, calendar year
produced, and any other information required to identify the engines af-
fected.
(4) For each class or category of engine described in response to para-
graph (e)(3) of this section, the following must also be provided:
(A) The number of engines known or estimated to have the defect and
an explanation of the means by which this number was determined.
(B) The address of the plant(s) at which the potentially defective en-
gines were produced.
(5) An evaluation of the emissions impact of the defect and a descrip-
tion of any operational problems which a defective engine might exhibit.
(6) Emission data which relate to the defect.
(7) An indication of any anticipated manufacturer follow-up.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and
431 04, Health and Safety Code. Reference: Sections 4301 3, 4301 7, 4301 8, 43 1 01,
43102, 43104, 43150-43154, 43205.5 and 43210-43212, Health and Safety
Code.
History
1 . New section filed 9-20-2004; operative 10-20-2004 (Register 2004, No. 39).
§ 2405.2. Voluntary Emission Recall Program.
(a) When any manufacturer initiates a voluntary emissions recall cam-
paign involving 25 or more engines, the manufacturer must submit a re-
port describing the manufacturer's voluntary emissions recall plan as
prescribed by this section within 15 working days prior to the date owner
notification was issued. The report must contain the following:
(1) A description of each class or category of engines recalled includ-
ing the number of engines to be recalled, the model year, the make, the
model, and such other information as may be required to identify the en-
gines recalled;
(2) A description of the specific modifications, alterations, repairs,
corrections, adjustments, or other changes to be made to correct the en-
gines affected by the emission-related defect;
Page 290.4
Register 2006, No. 42; 10-20-2006
Title 13
Air Resources Board
§2406
(3) A description of the method by which the manufacturer will notify
engine owners and, if applicable, the method by which the manufacturer
will determine the names and addresses of engine owners;
(4) A description of the proper maintenance or use, if any, upon which
the manufacturer conditions eligibility for repair under the recall plan, an
explanation of the manufacturer's reasons for imposing any such condi-
tions, and a description of the proof to be required of an engine owner to
demonstrate compliance with any such conditions;
(5) A description of the procedure to be followed by engine owners to
obtain correction of the nonconformity. This may include designation of
the date on or after which the owner can have the nonconformity reme-
died, the time reasonably necessary to perform the labor to remedy the
defect, and the designation of facilities at which the defect can be reme-
died;
(6) A description of the class of persons other than dealers and autho-
rized warranty agents of the manufacturer who will remedy the defect;
(7) When applicable, three copies of any letters of notification to be
sent engine owners;
(8) A description of the system by which the manufacturer will assure
that an adequate supply of parts is available to perform the repair under
the plan, and that the supply remains both adequate and responsive to
owner demand;
(9) Three copies of all necessary instructions to be sent to those per-
sons who are to perform the repair under the recall plan;
(10) A description of the impact of the proposed changes on fuel con-
sumption, performance, and safety of each class or category of engines
to be recalled;
(1 1) A sample of any label to be applied to engines which participated
in the voluntary recall campaign.
(b) The manufacturer must submit at least one report on the progress
of the recall campaign. Such report must be submitted no later than 1 8
months from the date notification was begun and include the following
information:
(1) The methods used to notify both engine owners, dealers and other
individuals involved in the recall campaign;
(2) The number of engines known or estimated to be affected by the
emission-related defect and an explanation of the means by which this
number was determined;
(3) The number of engines actually receiving repair under the plan;
and
(4) The number of engines determined to be ineligible for remedial ac-
tion due to a failure to properly maintain or use such engines.
(c) Send the defect report, voluntary recall plan, and the voluntary re-
call progress report to: Chief, Mobile Source Operations Division, Air
Resources Board, 9528 Telstar Avenue, El Monte, CA 91731.
(d) Retain the information gathered by the manufacturer to compile the
reports for not less than five years from the date of the manufacture of the
engines. The manufacturer must make this information available to duly
authorized officials of the ARB upon request.
(e) The filing of any report under the provisions of this section does
not affect a manufacturer's responsibility to file reports or applications,
obtain approval, or give notice under any provision of law.
(f) The act of filing an Emission Defect Information Report is incon-
clusive as to the existence of a defect subject to the warranty provided by
section 2405.
(g) A manufacturer may include on each page of its Emission Defect
Information Report a disclaimer stating that the filing of a Defect In-
formation Report pursuant to these regulations is not conclusive as to the
applicability of the warranty provided by section 2405.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and
43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101,
43102, 43104, 43150-43154, 43205.5 and 43210-43212, Health and Safety
Code.
History
I. New section filed 9-20-2004; operative 10-20-2004 (Register 2004, No. 39).
§ 2405.3. Ordered Recalls.
(a)(1) If the Executive Officer determines that a substantial number of
any class or category of engines, although properly maintained and used,
do not conform to the regulations prescribed under Section 2400-2409,
Chapter 9, Title 1 3 of the California Code of Regulations, when in actual
use throughout their durability period (as defined under section 2403),
the Executive Officer shall immediately notify the manufacturer of such
nonconformity and require the manufacturer to submit a plan for remedy-
ing the nonconformity of the engines with respect to which such notifica-
tion is given.
(A) The manufacturer's plan shall provide that the nonconformity of
any such engines which are properly used and maintained will be reme-
died at the expense of the manufacturer.
(B) If the manufacturer disagrees with such determination of noncon-
formity and so advises the Executive Officer, the Executive Officer shall
afford the manufacturer and other interested persons an opportunity to
present their views and evidence in support thereof at a public hearing
pursuant to Article I, Subchapter 1.25, Chapter 1, Division 3, Title 17,
California Code of Regulations. Unless, as a result of such hearing, the
Executive Officer withdraws such determination of nonconformity, the
Executive Officer shall, within 60 days after the completion of such hear-
ing, order the manufacturer to provide prompt notification of such non-
conformity in accordance with paragraph (a)(2) of this section. The
manufacturer shall comply in all respects with the requirements of this
subpart.
(2) Any notification required to be given by the manufacturer under
paragraph (a)(1) of this section with respect to any class or category of
engines shall be given to dealers, ultimate purchasers, and subsequent
purchasers (if known) in such manner and containing such information
as required in section 2405.1(d).
(3)(A) Prior to an ARB ordered recall, the manufacturer may perform
a voluntary emissions recall pursuant to regulations at section 2405.2.
Such manufacturer is subject to the reporting and recordkeeping require-
ments of section 2405.2(c) and (d).
(B) Once ARB determines that a substantial number of engines fail to
conform with the requirements of Section 2400-2409, Chapter 9, Title
13 of the California Code of Regulations, the manufacturer will not have
the option of a voluntary recall.
(b) The manufacturer bears all cost obligation a dealer incurs as a result
of a requirement imposed by paragraph (a) of this section. The transfer
of any such cost obligation from a manufacturer to a dealer through fran-
chise or other agreement is prohibited.
(c) Any inspection of an engine for purposes of paragraph (a)(1) of this
section, after its sale to the ultimate purchaser, is to be made only if the
owner of such engine voluntarily permits such inspection to be made, ex-
cept as may be provided by any state or local inspection program.
NOTE: Authority cited: Sections 39600, 39601, 43013, 4301 8, 43101, 43102 and
43104, Health and Safety Code. Reference: Sections 4301 3, 43017, 43018, 43101,
43102, 43104, 43150-43154, 43205.5 and 43210-43212, Health and Safety
Code.
History
1. New section filed 9-20-2004; operative 10-20-2004 (Register 2004, No. 39).
§ 2406. Emission Control System Warranty Statement.
(a) Each manufacturer must furnish a copy of the following statement
with each new 1995 and later small off-road engine, using those portions
of the statement applicable to the engine.
CALIFORNIA EMISSION CONTROL WARRANTY STATEMENT
YOUR WARRANTY RIGHTS AND OBLIGATIONS
The California Air Resources Board (and manufacturer's name, op-
tional) is pleased to explain the emission control system warranty on
your (year(s)) (equipment type or small off-road) engine. In Califor-
nia, new small off-road engines must be designed, built and equipped
to meet the State's stringent anti-smog standards. (Manufacturer's
name) must warrant the emission control system on your (equipment
Page 290.5
Register 2004, No. 39; 9-24-2004
§2407
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
type or small off-road) engine for the periods of time listed below pro-
vided there has been no abuse, neglect or improper maintenance of
your small off-road engine.
Your emission control system may include parts such as the carburetor
or fuel-injection system, the ignition system, and catalytic converter.
Also included may be hoses, belts, connectors and other emission-re-
lated assemblies.
Where a warrantable condition exists, (manufacturer's name) will re-
pair your (equipment type or small off-road) engine at no cost to you
including diagnosis, parts and labor.
MANUFACTURER'S WARRANTY COVERAGE:
The 1995 and later small off-road engines are warranted for two years.
If any emission-related part on your engine is defective, the part will
be repaired or replaced by (manufacturer's name).
OWNER'S WARRANTY RESPONSIBILITIES:
- As the (equipment type or small off-road) engine owner, you are re-
sponsible for the performance of the required maintenance listed in
your owner's manual. (Manufacturer's name) recommends that you
retain all receipts covering maintenance on your (equipment type or
small off-road) engine, but (manufacturer's name) cannot deny war-
ranty solely for the lack of receipts or for your failure to ensure the per-
formance of all scheduled maintenance.
- As the (equipment type or small off-road) engine owner, you should
however be aware that (manufacturer's name) may deny you warranty
coverage if your (equipment type or small off-road) engine or a part
has failed due to abuse, neglect, improper maintenance or unapproved
modifications.
- You are responsible for presenting your (equipment type or small
off-road) engine to a (manufacturer's name) distribution center as
soon as a problem exists. The warranty repairs should be completed
in a reasonable amount of time, not to exceed 30 days.
If you have any questions regarding your warranty rights and responsi-
bilities, you should contact (Insert chosen manufacturer's contact) at
1-XXX-XXX-XXXX.
(b) Commencing with the 1995 calendar year, each manufacturer must
furnish with each new engine a warranty statement that generally de-
scribes the obligations and rights of the manufacturer and owner under
this article. Manufacturers must also include in the warranty statement
a phone number the consumer may use to obtain their nearest franchised
service center.
(c) Each manufacturer must submit the documents required by Sub-
sections (a) and (b) with the manufacturer's preliminary application for
new engine certification for approval by the Executive Officer. The Ex-
ecutive Officer may reject or require modification of the documents to
the extent the submitted documents do not satisfy the requirements of
Subsections (a) and (b). Approval by the Executive Officer of the docu-
ments required by Subsections (a) and (b) will be a condition of certifica-
tion. The Executive Officer will approve or disapprove the documents re-
quired by Subsections (a) and (b) within 90 days of the date such
documents are received from the manufacturer. Any disapproval must be
accompanied by a statement of the reasons therefore. In the event of dis-
approval, the manufacturer may petition the Board to review the decision
of the Executive Officer.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018. 43101, 43102 and
43104, Health and Safety Code. Reference: Sections 4301 3, 43017, 4301 8, 43 101,
43102, 43104, 43150-43154, 43205.5 and 43210-43212, Health and Safety
Code.
History
1. New section filed 5-1-92; operative 6-1-92 (Register 92, No. 19).
2. Amendment of subsection (a), Manufacturer's Warranty Coverage, subsection
(b) and Note filed 10-4-93; operative 1 1-3-93 (Register 93, No. 41).
3. Change without regulatory effect amending NOTE filed 12-22-93 pursuant to
title 1, section 100, California Code of Regulations (Register 93, No. 52).
4. Amendment of subsections (a)-(b) filed 7-24-95; operative 7-24-95 pursuant
to Government Code section 11343.4(d) (Register 95, No. 30).
5. Amendment of section and Note filed 3-23-99; operative 3-23-99 pursuant
to Government Code section 11343.4(d) (Register 99, No. 13).
§ 2407. New Engine Compliance and Production Line
Testing — New Small Off-Road Engine
Selection, Evaluation, and Enforcement Action.
(a) Compliance Test Procedures.
(1) The Executive Officer may, with respect to any new engine family
or subgroup being sold, offered for sale, or manufactured for sale in Cali-
fornia, order an engine manufacturer to make available for compliance
testing and/or inspection a reasonable number of engines, and may direct
that the engines be delivered to the state board at the Haagen-Smit Labo-
ratory, 9528 Telstar Avenue, El Monte, California or where specified by
the Executive Officer. The Executive Officer may also, with respect to
any new engine family or subgroup being sold, offered for sale, or man-
ufactured for sale in California, have an engine manufacturer compliance
test and/or inspect a reasonable number of engines at the engine man-
ufacturer's facility under the supervision of an ARB Enforcement Offi-
cer. Engines must be selected at random from sources specified by the
Executive Officer according to a method approved by the Executive Of-
ficer, that, insofar as practical, must exclude engines that would result in
an unreasonable disruption of the engine manufacturer's distribution
system.
A subgroup may be selected for compliance testing only if the Execu-
tive Officer has reason to believe that the emissions characteristics of that
subgroup are substantially in excess of the emissions of the engine family
as a whole.
(2) For all 1995 and subsequent small off-road engines selected for
compliance testing, the selection and testing of engines and the evalua-
tion of data must be made in accordance with the procedures set forth
herein.
(3) These procedures are applicable, commencing with the 1995 cal-
endar year, to any engine family or any subgroup within an engine family
selected for compliance testing pursuant to this section.
(4) All testing must be conducted in accordance with the applicable
calendar year (for 1995-1 999) or model year (for 2000 and later) certifi-
cation emission test procedures. Any adjustable engine parameters must
be set to values or positions that are within the range available to the ulti-
mate purchaser as determined by the ARB Enforcement Officer. For ex-
ample, an engine carburetor with an adjustable idle fuel/air mixture must
be compliance tested at any mixture position requested by the ARB En-
forcement Officer that is within the range of adjustment available to the
end-use operator. Engine service accumulation (i.e., break-in) before
testing may be performed on test engines to the same extent it is per-
formed on production line testing engines (See subsection (d)). No
break-in or modifications, adjustments, or special preparation or mainte-
nance will be allowed on engines chosen for compliance testing without
the written consent of the Executive Officer. Such consent must not be
unreasonably withheld where such adjustment or alteration is required to
render the engine testable and reasonably operative.
(5) If the engine manufacturer elects to specify a different break-in or
adjustments, they will be performed by the engine manufacturer under
the supervision of ARB personnel.
(6) Correction of damage or maladjustment that may reasonably be
found to have resulted from shipment of the engine is permitted only after
test of the engine, except where 100 percent of the engine manufacturer's
production is given that inspection or maintenance by the engine man-
ufacturer's own personnel. The engine manufacturer may request that the
engine be repaired from shipping damage, and be retested. If the Execu-
tive Officer concurs, the engine may be retested, and the original test re-
sults may be replaced by the after-repair test results.
(7) Engines must be randomly chosen from the selected engine family
or subgroup. Each chosen engine must be tested according to the "Cali-
fornia Exhaust Emission Standards and Test Procedures for 1995-2004
Small Off-Road Engines" ("Emission Standards and Test Procedures"),
adopted March 20, 1992, and last amended July 26, 2004, or "California
Exhaust Emission Standards and Test Procedures for 2005 and Later
Small Off-Road Engines," adopted July 26, 2004, as applicable, to deter-
mine its emissions. Unique specialty hardware and personnel normally
Page 290.6
Register 2004, No. 39; 9-24-2004
Title 13
Air Resources Board
§2407
necessary to prepare the engine for the performance of the test as set forth
in the Procedures must be supplied by the engine manufacturer within
seven days after the request for such speciality hardware or personnel.
Failure to supply this unique specialty hardware or personnel may not be
used by the engine manufacturer as a cause for invalidation of the subse-
quent tests.
(8) Engines must be tested in groups of five until a "Pass" or "Fail" de-
cision is reached for each pollutant independently for the engine family
or subgroup in accordance with the following table:
Number of
Engines Tested
Decide "Fail"
If "U" is greater
than or equal to
Decide "Pass"
If'U" is less
than or equal to
5
10
15
20
2.18
2.11
2.18
2.29
-0.13
0.51
0.88
1.16
where:
n
U=
/=1
(Xi- Ho)
ln
J
1 (L
i=l
(X/ - Ho)2
Xj = the projected emissions of one pollutant for the ith engine tested.
|10 = the applicable calendar year emission standard for that pollut-
ant.
n = the number of engines tested.
(9) The Executive Officer will find that a group of engines has failed
the compliance testing pursuant to the above table if the Executive Offi-
cer finds that the average emissions of the engines within the selected en-
gine family or subgroup exceed the applicable calendar year new engine
emission standard for at least one pollutant.
(10) If no decision can be reached after 20 engines have been tested,
the Executive Officer will not make a "Fail" decision for the selected en-
gine family or subgroup on the basis of these 20 tests alone. Under these
circumstances the Executive Officer will elect to test 10 additional en-
gines. If the average emissions from the 30 engines tested exceed any one
of the exhaust emission standards for which a "Pass" decision has not
been previously made, the Executive Officer will render a "Fail" deci-
sion.
(11) If the Executive Officer determines, in accordance with the proce-
dures set forth in Subsection (a) that an engine family or any subgroup
within an engine family, exceeds the emission standards for one or more
pollutants, the Executive Officer will:
(A) Notify the engine manufacturer that the engine manufacturer may
be subject to revocation or suspension of the Executive Order authorizing
sales and distribution of the noncompliant engines in the State of Califor-
nia, or enjoined from any further sales or distribution, of the noncom-
pliant engines in the State of California pursuant to Section 43017 of the
Health and Safety Code. Prior to revoking or suspending the Executive
Order, or seeking to enjoin an engine manufacturer, the Executive Offi-
cer will consider production line test results, if any, and any additional
test data or other information provided by the engine manufacturers and
other interested parties, including the availability of emission reductions
credits to remedy the failure.
(B) Notify the equipment manufacturer that the equipment manufac-
turer may be subject to being enjoined from any further sales, or distribu-
tion, of the equipment manufacturer' s equipment product line(s) that are,
or utilize engines that are, noncompliant with the applicable emission
regulations pursuant to Section 43017 of the Health and Safety Code.
Prior to revoking or suspending the Executive Order, or seeking to enjoin
an equipment manufacturer, the Executive Officer will consider produc-
tion line test results, if any, and any additional test data or other informa-
tion provided by the equipment manufacturer and other interested par-
ties, including the availability of emissions reduction credits to remedy
the failure.
(12) Engines selected for inspection must be checked to verify the
presence of those emissions-related components specified in the engine
manufacturer's application for certification, and for the accuracy of any
adjustments, part numbers and labels specified in that application. If any
engine selected for inspection fails to conform to any applicable law in
Part 5 (commencing with Section 43000) of Division 26 of the Health and
Safety Code, or any regulation adopted by the state board pursuant there-
to, other than an emissions standard applied to new engines to determine
"certification" as specified in Chapter 9, the Executive Officer will:
(A) Notify the engine manufacturer and may seek to revoke or suspend
the Executive Order authorizing sales and distribution or enjoin the en-
gine manufacturer from any further sales, or distribution, of the applica-
ble noncompliant engine families or subgroups within the engine fami-
lies in the State of California pursuant to Section 4301 7 of the Health and
Safety Code. Before revoking or suspending the Executive Order autho-
rizing sales and distribution of the applicable noncompliant engine fami-
lies or subgroups within the State of California, or seeking to enjoin an
engine manufacturer, the Executive Officer will consider any informa-
tion provided by the engine manufacturer and other interested parties, in-
cluding the availability of emissions reductions credits to remedy the
failure.
(B) Notify the equipment manufacturer and may seek to revoke or sus-
pend the Executive Order authorizing sales and distribution or enjoin the
equipment manufacturer from any further sales, or distribution, in the
State of California of the equipment manufacturer's equipment product
line(s) that are, or utilize engines that are, noncompliant with the applica-
ble emission regulations pursuant to Section 43017 of the Health and
Safety Code. Before revoking or suspending the Executive Order autho-
rizing sales and distribution of the applicable noncompliant equipment,
or seeking to enjoin an equipment manufacturer, the Executive Officer
will consider any information provided by the equipment manufacturer
and other interested parties, including the availability of emissions re-
ductions credits to remedy the failure.
(b) 1996 and Subsequent Calendar (Model) Year Quality-Audit Pro-
duction Line Test Procedures
(1) Small off-road engines produced in the 1996 and subsequent cal-
endar (or model) years, that have been certified for sale in California, are
subject to the quality-audit requirements specified in (b) and (d). Each
engine manufacturer must use the quality-audit test procedures as speci-
fied in (b) and (d) unless it can satisfactorily provide an alternate method
that shows an equivalent assurance of compliance. The purpose of pro-
viding alternate sampling, testing methods, and procedures is to help re-
duce sample size and testing costs, while providing a reasonable assur-
ance that production engines comply with the applicable emission
standards. The engine manufacturer must submit the method of quality-
audit to the Executive Officer for approval no later than 90 days prior to
1 996 calendar year production, or any subsequent calendar or model year
production, as applicable, if a change is proposed.
(2) Engine Sample Selection
(A) Except as provided in subsection (b)(3), the engine manufacturer
must randomly select one percent of the California sales volume of en-
gines from each engine family for quality-audit testing. Additional en-
gine sample criteria appear in subsection (d)(3).
(B) The Executive Officer may, upon notice to the engine manufactur-
er, require the sample rate to be increased to a maximum of ten percent
of production (not to exceed 30 additional engines or units of equipment)
of the calendar quarterly production of any engine family.
(3) Alternate Quality-Audit Engine Selection Criteria For The 1996
Through 1999 Calendar Years
(A) An engine manufacturer may use the alternate engine selection
method outlined in this Subsection.
(B) Engines or equipment must be randomly selected at a rate of 1 .0
percent of engine family production at the beginning of production.
Page 290.7
Register 2004, No. 39; 9-24-2004
§2407
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
When test results of the first 1 0 engines or units of equipment have been
accumulated, an evaluation as indicated below must be made.
(C) Calculate the family mean and standard deviation of each pollutant
(HC, CO, NOx and PM, if applicable). Identify engines or units of equip-
ment that have emission levels greater than three standard deviations
above the mean. Eliminate these emission data points and recalculate the
mean and standard deviation. Continue the calculation until there are no
values greater than three standard deviations above the mean. Count the
number of these data points greater than the emission standard (outliers).
If the number of outliers is equal to or less than the allowable number in
Table 1 for each pollutant, the engine family is eligible to continue to a
second evaluation, shown in paragraph (D) below. Otherwise, sampling
must continue at a rate of 1.0 percent of production for the rest of the
month.
(D) If the allowable outlier criterion is met, the family mean standard
deviation, and sample size determined for each contaminant before ex-
cluding any outliers, are substituted in the following expression:
(emission standard - mean) v(N)
(standard deviation)
(E) If the expression is greater than C in Table 2 below, and the engine
manufacturer reasonably estimates that the quarterly engine family pro-
duction will exceed 5,000 engines or units of equipment, the sampling
rate for the remaining portion of the calendar month following the date
of selection of the last of the 10 engines or equipment is 10 per month,
applied on a prorated basis. If the expression is greater than C in Table
2 below, and the engine manufacturer reasonably estimates that the quar-
terly engine family production will be 5,000 engines or units of equip-
ment or less, the sampling rate for the remaining portion of the calendar
month following the date of selection of the last of the 10 engines or
equipment is 5 per month, applied on a prorated basis. If the expression
is equal to or less than C in Table 2, the sampling rate continues to be 1 .0
percent of production for the remaining portion of the month in which se-
lection of the 10 engines or equipment is completed. The value of C is a
function of the coefficient of variation (standard deviation/mean). The
coefficient of variation and "C" must be rounded to the number of deci-
mal places shown in Table 2.
Table 1
Sample Size
Allowable Outliers
Sample Size
Allowable Outliers
1-32
1
430-478
11
33-68
2
479-528
12
69-107
3
529-578
13
108-149
4
579-629
14
150-193
5
630-680
15
194-238
6
681-731
16
239-285
7
732-783
17
286-332
8
784-835
18
333-380
9
836-887
19
381-429
10
888-939
20
Table 2
Coefficient
of Variation
0.1
0.2
0.3
0.4
0.5
0.6
0.7
0.8
0.9
C
0.5
1.2
1.8
2.5
3.1
3.8
4.4
5.1
5.7
(F) At the conclusion of each month of quarterly engine family pro-
duction, the emission test data must be evaluated in order to determine
the sampling rate as set forth in Paragraphs C and D above. This evalua-
tion must utilize all test data accumulated in the applicable quarter. The
sample rate for the next month of production must be determined as fol-
lows: ten (10) engines per month when the engine manufacturer's esti-
mated quantity of quarterly engine family production is greater than
5,000; five (5) engines per month when the engine manufacturer's esti-
mated quantity of quarterly engine family production is equal to or less
than 5,000; or, one (1) percent of the quarterly engine family production
as determined by the sampling evaluation method set forth in Paragraphs
D and E.
(G) For each subsequent quarter, the preceding sample selection meth-
od must be followed. The sample rate determination for the first month
of each subsequent quarter must be based on the accumulated data from
the previous quarter. The sample rate for the succeeding months of the
quarter must be determined as previously set forth.
(H) If the start of production does not coincide with the first of a quar-
ter, the sequence for sample rate determination must be followed, but ref-
erences to remaining calendar months may not be appropriate.
(I) Where an engine manufacturer has sampled engines or equipment
at a rate of 5 per month following a reasonable estimate that the quarterly
engine family production will be 5,000 engines or units of equipment or
less, and subsequently determines, or reasonably should determine based
on information available to the engine manufacturer, that the quarterly
engine family production will exceed 5,000 engines or units of equip-
ment, the engine manufacturer must increase the sampling rate for the
quarter such that the requirements of Paragraph D applicable to families
reasonably estimated to exceed a quarterly production of 5,000 engines
or units of equipment are satisfied.
(4) Compliance Evaluation
(A) Each engine manufacturer must review the test results of the first
10 test engines or equipment of each engine family, from each calendar
quarter of production or from the start of calendar year production. It
must also review the quarter's cumulative test results of each engine fam-
ily at the end of each month. If 10 or more engines or units of equipment
have been tested, the engine manufacturer must notify the Chief of the
Mobile Source Operations Division, in writing within ten working days
whenever an engine family exceeds an emission standard.
(B) At the end of the quarter, all of the data accumulated during the
quarter are evaluated, and the compliance of the engine family with the
family emission levels or emission standards, whichever is applicable, is
determined. If a sample size for a particular production quarter is less
than ten engines, the data from that quarter must be combined with all of
the data from each successive quarter of the calendar year until data from
at least ten engines that have been quality-audit tested are included in the
quarterly evaluation. If the sample size for the first quarter's production
for a calendar year does not contain at least ten engines, the data available
for that quarter are evaluated. However, compliance of the engine family
with the family emission levels or emission standards, whichever is
applicable, is not determined until subsequent quarterly production data
is available that includes evaluations of at least ten engines. If the sample
size for the last final quarter's production for a calendar year does not
contain at least ten engines, the data from the last final quarter must be
combined with all the data from each preceding quarter of the calendar
year until the sample size contains at least ten engines.
(C) When the average value of any pollutant that is rounded off to the
same number of significant digits as is the standard, in accordance with
ASTM E 29-93a (May 1993), exceeds the applicable family emission
level or emission standard, whichever is applicable; or, when the engine
manufacturer's submitted data reveal that the production line tests were
performed improperly, the engine family may be determined to be in
noncompliance. The Executive Officer will follow the manufacturer no-
tification procedures in section (d)(5).
(D) A failed engine is one whose emission test results for a regulated
pollutant exceeds the emission standard or FEL, as applicable.
(5) Reports
(A) Each engine manufacturer shall submit a written report to the ARB
within 45 calendar days of the end of each calendar quarter.
(B) The quarterly report shall include the following:
1 . The total production and sample size for each engine family.
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2. engine identification numbers and explanation of the identification
code.
3. The applicable emissions standards or Family Emission Levels for
each engine family.
4. A description of each test engine or equipment (i.e., date of test, en-
gine family, engine size, engine or equipment identification number, fuel
system, dynamometer power absorber setting in horsepower or kilo-
watts, engine code or calibration number, and test location).
5. The exhaust emission data for PM, CO. NOx and HC for each test
engine or equipment. The data reported shall provide two significant fig-
ures beyond the number of significant figures in the applicable emission
standard.
6. The retest emissions data, as described in paragraph (v) above for
any engine or unit of equipment failing the initial test, and description of
the corrective measures taken, including specific components replaced
or adjusted.
7. A statistical analysis of the quality-audit test results for each engine
family stating:
a. Number of engines or units of equipment tested.
b. Average emissions and standard deviations of the sample for HC,
CO, NOx and PM.
8. Every aborted test data and reason for the aborted test.
9. The applicable quarterly report shall include the date of the end of
the engine manufacturer's calendar year (for 1995-1999) or model year
(for 2000 and subsequent years) production for an engine family.
10. The required information for all engine families in production dur-
ing the quarter regardless of sample size.
1 1 . The start and stop dates of batch-produced engine family produc-
tion.
(C) Each engine manufacturer shall submit a copy of the report that has
been stored (e.g., computer discs), or may be transmitted, in an electroni-
cally digitized manner, and in a format that is specified by the Executive
Officer. This electronically based submission is in addition to the written
submission of the report.
(c) 2000 and Subsequent Model Cumulative Sum Production Line
Test Procedures.
(1) The 2000 and subsequent model year small off-road engines, that
have been certified for sale in California, are subject to production line
testing performed according to either the Cumulative Sum requirements
specified in (c) and (d), or to the Quality-Audit requirements specified
in paragraph (b) and (d). At the time of certification, the engine manufac-
turer must designate which production line testing procedure, either Qu-
ality-Audit or Cumulative Sum, it will use for the model year. If an en-
gine manufacturer uses the Cumulative Sum procedures, it must use the
Cumulative Sum test procedures as specified herein.
(2) Engine Sample Selection
(A) At the start of each model year, the small off-road engine man-
ufacturer will begin to randomly select engines from each engine family
for production line testing, according to the criteria specified herein. Ad-
ditional engine sample criteria appear in subsection (d)(3).
1 . For newly certified engine families: After two engines are tested, the
manufacturer will calculate the required sample size for the model year
according to the Sample Size Equation in paragraph (B) of this section.
2. For carry-over engine families: After one engine is tested, the man-
ufacturer will combine the test with the last test result from the previous
model year and then calculate the required sample size for the model year
according to the Sample Size Equation in paragraph (B) of this section.
(B)l. Manufacturers will calculate the required sample size for the
model year for each engine family using the Sample Size Equation be-
low. N is calculated from each test result. The number N indicates the
number of tests required for the model year for an engine family. N, is
recalculated after each test. Test results used to calculate the variables in
the Sample Size Equation must be final deteriorated test results as speci-
fied in paragraph (c)(4)(C).
where:
N = required sample size for the model year.
t95 = 95% confidence coefficient. It is dependent on the actual number
of tests completed, n, as specified in the table in paragraph (B)2
of this section. It defines one-tail, 95% confidence intervals.
O = actual test sample standard deviation calculated from the follow-
ing equation:
° = yi> -
xy
Xi
x
FEL
= emission test result for an individual engine
= mean of emission test results of the actual sample
= Family Emission Level, or emission standard if no Family
Emission level is established
= The actual number of tests completed in an engine family
2. Actual Number of Tests (n) & 1-tail Confidence Coefficients (t9s)
n
'95
n
'95
n
'95
2
6.31
12
1.80
22
1.72
3
2.92
13
1.78
23
1.72
4
2.35
14
1.77
24
1.71
5
2.13
15
1.76
25
1.71
6
2.02
16
1.75
26
1.71
7
1.94
17
1.75
27
1.71
8
1.90
18
1.74
28
1.70
9
1.86
19
1.73
29
1.70
10
1.83
20
1.73
30
1.70
11
1.81
21
1.72
oo
1.645
3. A manufacturer must distribute the testing of the remaining number
of engines needed to meet the required sample size N, evenly throughout
the remainder of the model year.
4. After each new test, the required sample size, N, is recalculated us-
ing updated sample means, sample standard deviations and the appropri-
ate 95% confidence coefficient.
5. A manufacturer must continue testing and updating each engine
family's sample size calculations according to paragraphs (B)l through
(B)4 of this section until a decision is made to stop testing as described
in paragraph (B)6 of this section or a noncompliance decision is made
pursuant to paragraph (c)(3)(A)5 of this section.
6. If, at any time throughout the model year, the calculated required
sample size, N, for an engine family is less than or equal to the actual sam-
ple size, n, and the sample mean, x, for each regulated pollutant is less
than or equal to the emission standard (or FEL, as applicable) for that pol-
lutant, the manufacturer may stop testing that engine family except as re-
quired by paragraph (c)(3)(A)6.
7. If, at any time throughout the model year, the sample mean, x, for
any regulated pollutant is greater than the emission standard (or FEL, as
applicable), the manufacturer must continue testing that engine family at
the appropriate maximum sampling rate.
8. The maximum required sample size for an engine family
(regardless of the required sample size, N, as calculated in paragraph
(B)l of this section) is thirty tests per model year.
9. Manufacturers may elect to test additional randomly chosen en-
gines. All additional randomly chosen engines tested in accordance with
the testing procedures specified in the Emission Standards and Test Pro-
cedures must be included in the Sample Size and Cumulative Sum equa-
tion calculations as defined in paragraphs (B)l and (c)(3)(A)! of this sec-
tion, respectively.
(C) The manufacturer must produce and assemble the test engines us-
ing its normal production and assembly process for engines to be distrib-
uted into commerce.
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(D) No quality control, testing, or assembly procedures will be used
on any test engine or any portion thereof, including parts and subassem-
blies, that have not been or will not be used during the production and as-
sembly of all other engines of that family, unless the Executive Officer
approves the modification.
(3) Calculation of the Cumulative Sum Statistic
(A) Each engine manufacturer must review the test results using the
following procedure:
1 . Manufacturers must construct the following Cumulative Sum Equa-
tion for each regulated pollutant for each engine family. Test results used
to calculate the variables in the Cumulative Sum Equation must be final
deteriorated test results as defined in paragraph (c)(4)(C).
Q = max [0 or (Cj_i + Xj - (FEL +
F))]
where:
Q = The current Cumulative Sum statistic
Q_i =The previous Cumulative Sum statistic. Prior to any testing, the
Cumulative Sum statistic = 0 (i.e. Co = 0)
X; = The current emission test result for an individual engine
FEL = Family Emission Level, or emission standard if no Family
Emission level is established
F = 0.25 x 0
After each test, Q is compared to the action limit, H, the quantity that
the Cumulative Sum statistic must exceed, in two consecutive tests, be-
fore the engine family may be determined to be in noncompliance for
purposes of paragraphs (c)(3)(A)4 and (c)(3)(A)5.
H = The Action Limit. It is 5.0 x 0, and is a function of the standard
deviation, 0.
0 = is the sample standard deviation and is recalculated after each
test.
2. After each engine is tested, the Cumulative Sum statistic must be
promptly updated according to the Cumulative Sum Equation in para-
graph 1 of this section.
3. If, at any time during the model year, a manufacturer amends the
application for certification for an engine family as specified in Part I,
Sections 28 and 29 of the 1 995-2004 Emission Standards and Test Proce-
dures, or Subpart B, §90. 120 and §90. 1 22 of the 2005 and Later Emission
Standards and Test Procedures, as applicable, by performing an engine
family modification (i.e., a change such as a running change involving
a physical modification to an engine, a change in specification or setting,
the addition of a new configuration, or the use of a different deterioration
factor), all previous sample size and Cumulative Sum statistic calcula-
tions for the model year will remain unchanged.
4. A failed engine is one whose final deteriorated test results pursuant
to paragraph (c)(4)(C), for a regulated pollutant exceeds the emission
standard or the FEL, as applicable, for that pollutant.
5. An engine family may be determined to be in noncompliance, if at
any time throughout the model year, the Cumulative Sum statistic, Q,
for, a regulated pollutant is greater than the action limit, H, for two con-
secutive tests.
6. The engine manufacturer must perform a minimum of two tests per
engine family per quarter, regardless of whether the conditions of para-
graph (c)(2)(B)4 have been met.
7. All results from previous quarters of the same model year must be
included in the on-going Cumulative Sum analysis, provided that the en-
gine family has not failed (e.g., if three engines of a family were tested
in the first quarter, the first test of the second quarter would be considered
as the fourth test).
8. If the Cumulative Sum analysis indicates that an engine family has
failed, the engine manufacturer must notify the Chief of the Mobile
Source Operations Division, in writing and by telephone, within ten
working days. Corrective action will be taken as noted in paragraph
(d)(5), below.
9. If a manufacturer performs corrective action on a failed engine fami-
ly and then resumes production, all previous tests will be void, and Cu-
mulative Sum analysis will begin again with the next test.
(B) At the end of the quarter, or when the Cumulative Sum analysis
indicates that a decision has been made, the manufacturer must provide
all the data accumulated during the quarter.
(4) Calculation and Reporting of Test Results.
(A) Initial test results are calculated following the applicable test pro-
cedure specified in "California Exhaust Emission Standards and Test
Procedures for 1 995-2004 Small Off-Road Engines" or "California Ex-
haust Emission Standards and Test Procedures for 2005 and Later Small
Off-Road Engines," as applicable. The manufacturer rounds these re-
sults, in accordance with ASTM E29-93a, to the number of decimal
places contained in the applicable emission standard expressed to one ad-
ditional significant figure. (ASTM E29-93a has been incorporated by
reference.)
(B) Final test results are calculated by summing the initial test results
derived in paragraph (A) of this section for each test engine, dividing by
the number of tests conducted on the engine, and rounding in accordance
with ASTM E29-93a to the same number of decimal places contained in
the applicable standard expressed to one additional significant figure.
(C) The final deteriorated test results for each test engine are calcu-
lated by applying the appropriate deterioration factors, derived in the cer-
tification process for the engine family, to the final test results, and
rounding in accordance with ASTM E29-93a to the same number of dec-
imal places contained in the applicable standard expressed to one addi-
tional significant figure.
(D) If, at any time during the model year, the Cumulative Sum statistic
exceeds the applicable action limit, H, in two consecutive tests, the en-
gine family may be determined to be in noncompliance and the manufac-
turer must notify the Chief of the Mobile Source Operations Division and
the Manager of the Off-Road Certification/Audit Section, 9528 Telstar
Avenue, El Monte, CA, 91731, within ten working days of such excee-
dance by the Cumulative Sum statistic.
(E) Within 45 calendar days of the end of each quarter, each engine
manufacturer must submit to the Executive Officer a report that includes
the following information unless the Executive Officer has approved the
omission of some of the information:
1. The location and description of the manufacturer's or other's ex-
haust emission test facilities that were utilized to conduct testing reported
pursuant to this section;
2. Total production and sample sizes, N and n, for each engine family;
3. The applicable emissions standards or Family Emissions Levels for
each engine family;
4. A description of the process to obtain engines on a random basis;
5. A description of the test engines or equipment (i.e., date of test, en-
gine family, engine size, engine or equipment identification number, fuel
system, dynamometer power absorber setting in horsepower or kilo-
watts, engine code or calibration number, and test location);
6. The date of the end of the engine manufacturer' s model year produc-
tion for each engine family;
7. For each test conducted,
a. A description of the test engine, including:
i. Configuration and engine family identification,
ii. Year, make, and build date,
iii. Engine identification number and explanation of the identification
code, and
iv. Number of hours of service accumulated on engine prior to testing;
b. Location where service accumulation was conducted and descrip-
tion of accumulation procedure and schedule;
c. Test number, date, test procedure used, initial test results before and
after rounding, and final test results for all exhaust emission tests, wheth-
er valid or invalid, and the reason for invalidation, if applicable;
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d. The exhaust emission data for PM, CO. NOx and HC (or NMHC,
as applicable) for each test engine or equipment. The data reported must
provide two significant figures beyond the number of significant figures
in the applicable emission standard;
e. The retest emissions data, as described in Paragraph 4. above for any
engine or unit of equipment failing the initial test, and description of the
corrective measures taken, including specific components replaced or
adjusted;
f. A complete description of any adjustment, modification, repair,
preparation, maintenance, and/or testing that was performed on the test
engine, was not reported pursuant to any other part of this article, and will
not be performed on all other production engines;
g. A Cumulative Sum analysis, as required in paragraph (c)(3), of the
production line test results for each engine family;
h. Any other information the Executive Officer may request relevant
to the determination whether the new engines being manufactured by the
manufacturer do in fact conform with the regulations with respect to
which the Executive Order was issued;
8. For each failed engine as defined in paragraph (c)(3)(A)4, a descrip-
tion of the remedy and test results for all retests;
9. Every aborted test data and reason for the aborted test;
10. The start and stop dates of batch-produced engine family produc-
tion;
1 1 . The required information for all engine families in production dur-
ing the quarter regardless of sample size; and
(F) Each manufacturer must submit a copy of the report that has been
stored (e.g., computer disc), or may be transmitted, in an electronically
digitized manner, and in a format that is specified by the Executive Offi-
cer. This electronically based submission is in addition to the written sub-
mission of the report.
(d) Procedures Applicable to All Production Line Testing
(1) Standards and Test Procedures. The emission standards, exhaust
sampling and analytical procedures are those described in the Emission
Standards and Test Procedures, and are applicable to engines tested only
for exhaust emissions. The production line test procedures are specified
in conjunction with the Emission Standards and Test Procedures. An en-
gine is in compliance with these production line standards and test proce-
dures only when all portions of these production line test procedures and
specified requirements from the Emission Standards and Test Procedures
are fulfilled, except for the provisions as follows:
(A) A handheld equipment engine manufacturer, (or a manufacturer
of 2000 through 2004 model year engines 65 cc or below, or a manufac-
turer of 2005 and subsequent model years engines 80 cc or below,) may
request that the Executive Officer allow the values of rated engine power
and speed determined in the engine family certification be used in lieu
of the determination of the engine power and speed of a production line
engine. This request must include a specification of the particular power
absorption device (e.g., dynamometer, water brake, etc.) used to apply
the test load to the production engines. An engine manufacturer must re-
quest and must receive approval from the Executive Officer for this al-
lowance before the production line tests are conducted. The engine man-
ufacturer should establish equivalent assurance of compliance by
providing emission data from a statistically valid sample of engines for
comparison between the proposed procedures and the required proce-
dures.
(B) Any adjustable engine parameters must be set to any value or posi-
tion that is within the range available to the ultimate purchaser.
(2) Air Resources Board (ARB) personnel and mobile laboratories
must have access to engine or equipment assembly plants, distribution
facilities, and test facilities for the purpose of engine selection, testing,
and observation. Scheduling of access must be arranged with the desig-
nated engine manufacturer's representative and must not unreasonably
disturb normal operations (See Section 31 of the 1995-2004 Emission
Standards and Test Procedures or Section 90. 1 26 of the 2005 and Later
Emission Standards and Test Procedures, as applicable).
(3) Engine Sample Selection
(A) The engine manufacturer must randomly select engines according
to (b)(2) or (c)(2), as applicable, from each engine family for production
line testing. The engines must be representative of the engine manufac-
turer's California sales. Each engine will be selected from the end of the
assembly line. All engine models within the engine family must be in-
cluded in the sample pool. Each selected engine for quality-audit testing
must pass the inspection test, by being equipped with the appropriate
emission control systems certified by the ARB. The procedure for ran-
domly selecting engines or units of equipment must be submitted to the
Chief, Mobile Source Operations Division, 9528 Telstar Avenue, El
Monte. C A, 9 1 73 1 , prior to the start of production for the first year of pro-
duction.
(B)l . Prior to the beginning of the 2000 model year, if an engine man-
ufacturer cannot provide actual California sales data, it must provide its
total production and an estimate of California sales at the end of the mod-
el year. The engine manufacturer must also provide supporting material
for its estimate.
2. For the 2000 and later model years, engine manufacturers must pro-
vide actual California sales, or other information acceptable to the Ex-
ecutive Officer, including, but not limited to, an estimate based on market
analysis and federal production or sales.
(4) Engine Preparation and Preconditioning
(A) No emissions tests may be performed on an engine prior to the first
production line test.
(B) The engine or unit of equipment must be tested after the engine
manufacturer's recommended break-in period. The engine manufactur-
er must submit to the Executive Officer the schedule for engine break-in
and any changes to the schedule with each quarterly report. This schedule
must be adhered to for all production line testing within an engine family
and subgroup or engine family and assembly plant as appropriate.
(C) If an engine or unit of equipment is shipped to a remote facility for
production line testing, and adjustment or repair is necessary because of
such shipment, the engine manufacturer must perform the necessary ad-
justments or repairs only after the initial test of the engine or equipment.
Engine manufacturers must report to the Executive Officer in the quarter-
ly report, all adjustments or repairs performed on engines or equipment
prior to each test. In the event a retest is performed, a request may be
made to the Executive Officer, within ten days of the production quarter,
for permission to substitute the after-repair test results for the original
test results. The Executive Officer will either affirm or deny the request
by the engine manufacturer within ten working days from receipt of the
request.
(D) If an engine manufacturer determines that the emission test results
of an engine or unit of equipment are invalid, the engine or equipment
must be retested. Emission results from all tests must be reported. The en-
gine manufacturer must include a detailed report on the reasons for each
invalidated test in the quarterly report.
(5) Manufacturer Notification of Failure
(A) The Executive Officer will notify the engine manufacturer that the
engine manufacturer may be subject to revocation or suspension of the
Executive Order authorizing sales and distribution of the noncompliant
engines in the State of California, or being enjoined from any further
sales, or distribution, of the noncompliant engines in the State of Califor-
nia pursuant to Section 43017 of the Health and Safety Code. Prior to re-
voking or suspending the Executive Order, or seeking to enjoin an engine
manufacturer, the Executive Officer will consider all information pro-
vided by the engine manufacturer, and other interested parties, including,
but not limited to corrective actions applied to the noncompliant engine
family, and for 2000 and subsequent model year engines, the availability
of emissions reduction credits to remedy the failure.
(B) The Executive Officer will notify the equipment manufacturer that
the equipment manufacturer may be subject to revocation or suspension
of the Executive Order authorizing sales and distribution, or being en-
joined from any further sales, or distribution, of the equipment manufac-
turer's equipment product line(s) that are, or utilize engines that are, non-
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Title 13
compliant with the applicable emission regulations pursuant to Section
43017 of the Health and Safety Code. Prior to revoking or suspending the
Executive Order, or seeking to enjoin an equipment manufacturer, the
Executive Officer will consider all information provided by interested
parties, including, but not limited to corrective actions applied to the non-
compliant engine family, and for 2000 and subsequent model year en-
gines, the availability of emissions reduction credits to remedy the fail-
ure.
(6) Suspension and Revocation of Executive Orders.
(A) The Executive Order is automatically suspended with respect to
any engine failing pursuant to paragraph (c)(3)(A)4 or (b)(4)(D) effec-
tive from the time that testing of that engine is completed.
(B) The Executive Officer may suspend the Executive Order for an en-
gine family that is determined to be in noncompliance pursuant to para-
graph (c)(3)(A)5 or (b)(4)(C). This suspension will not occur before fif-
teen days after the engine family is determined to be in noncompliance.
Before revoking or suspending the Executive Order authorizing sales and
distribution of the applicable noncompliant engine families or subgroups
within the State of California, or seeking to enjoin an engine manufactur-
er, the Executive Officer will consider any information provided by the
engine manufacturer and other interested parties, including the availabil-
ity of emissions reductions credits to remedy the failure.
(C) If the results of testing pursuant to these regulations indicate that
engines of a particular family produced at one plant of a manufacturer do
not conform to the regulations with respect to which the Executive Order
was issued, the Executive Officer may suspend the Executive Order with
respect to that family for engines manufactured by the manufacturer at
all other plants.
(D) Notwithstanding the fact that engines described in the application
for certification may be covered by an Executive Order, the Executive
Officer may suspend such Executive Order immediately in whole or in
part if the Executive Officer finds any one of the following infractions to
be substantial:
1 . The manufacturer refuses to comply with any of the requirements
of this section;
2. The manufacturer submits false or incomplete information in any
report or information provided to the Executive Officer under this sec-
tion;
3. The manufacturer renders inaccurate any test data submitted under
this section;
4. An ARB enforcement officer is denied the opportunity to conduct
activities authorized in this section and a warrant or court order is pres-
ented to the manufacturer or the party in charge of the facility in question;
5. An ARB enforcement officer is unable to conduct activities autho-
rized in paragraph (d)(2) of this section because a manufacturer has lo-
cated its facility in a foreign jurisdiction where local law prohibits those
activities.
(E) The Executive Officer will notify the manufacturer in writing of
any suspension or revocation of an Executive Order in whole or in part.
A suspension or revocation is effective upon receipt of the notification
or fifteen days from the time an engine family is determined to be in non-
compliance pursuant to paragraph (c)(3)(A)5 or (b)(4)(C), whichever is
later, except that the Executive Order is immediately suspended with re-
spect to any failed engines as provided for in paragraph (A) of this sec-
tion.
(F) The Executive Officer may revoke an Executive Order for an en-
gine family after the Executive Order has been suspended pursuant to
paragraph (B) or (C) of this section if the proposed remedy for the non-
conformity, as reported by the manufacturer to the Executive Officer, is
one requiring a design change or changes to the engine and/or emission
control system as described in the application for certification of the af-
fected engine family.
(G) Once an Executive Order has been suspended for a failed engine,
as provided for in paragraph (A) of this section, the manufacturer must
take the following actions before the Executive Order is reinstated for
that failed engine:
1. Remedy the nonconformity;
2. Demonstrate that the engine conforms to the emission standards by
retesting the engine in accordance with these regulations; and
3. Submit a written report to the Executive Officer, after successful
completion of testing on the failed engine, that contains a description of
the remedy and test results for each engine in addition to other informa-
tion that may be required by this part.
(H) Once an Executive Order for a failed engine family has been sus-
pended pursuant to paragraph (B), (C) or (D) of this section, the manufac-
turer must take the following actions before the Executive Officer will
consider reinstating the Executive Order:
1 . Submit a written report to the Executive Officer that identifies the
reason for the noncompliance of the engines, describes the proposed
remedy, including a description of any proposed quality control and/or
quality assurance measures to be taken by the manufacturer to prevent
future occurrences of the problem, and states the date on which the reme-
dies will be implemented; and
2. Demonstrate that the engine family for which the Executive Order
has been suspended does in fact comply with the regulations of this part
by testing as many engines as needed so that the Cumulative Sum statis-
tic, as calculated in paragraph (c)(3)(A)!, falls below the action limit, or
the average emissions from the Quality-Audit testing as calculated in
paragraph (b)(4)(C) remains below the emission standard or FEL, as
applicable. Such testing must comply with the provisions of this section.
If the manufacturer elects to continue testing individual engines after sus-
pension of an Executive Order, the Executive Order is reinstated for any
engine actually determined to be in conformance with the emission stan-
dards through testing in accordance with the applicable test procedures,
provided that the Executive Officer has not revoked the Executive Order
pursuant to paragraph (F) of this section.
(I) Once the Executive Order has been revoked for an engine family,
if the manufacturer desires to continue introduction into commerce of a
modified version of that family, the following actions must be taken be-
fore the Executive Officer may issue an Executive Order for that modi-
fied family:
1. If the Executive Officer determines that the proposed change(s) in
engine design may have an effect on emission performance deterioration,
the Executive Officer will notify the manufacturer, within five working
days after receipt of the report in paragraph (H)l of this section, whether
subsequent testing under this section will be sufficient to evaluate the
proposed change or changes or whether additional testing will be re-
quired; and
2. After implementing the change or changes intended to remedy the
nonconformity, the manufacturer must demonstrate that the modified en-
gine family does in fact conform with the regulations of this section by
testing as many engines as needed from the modified engine family so
that the Cumulative Sum statistic, as calculated in paragraph (c)(3)(A) 1
falls below the action limit, or the average emissions from the Quality-
Audit testing as calculated in paragraph (b)(4) remains below the emis-
sion standard or FEL, as applicable. When both of these requirements are
met, the Executive Officer will reissue the Executive Order or issue a new
Executive Order, as the case may be, to include that family. As long as
the Cumulative Sum statistic remains above the action limit, or the aver-
age emissions from the Quality-Audit testing exceeds the emission stan-
dard or FEL, as applicable, the revocation remains in effect.
(J) At any time subsequent to a suspension of an Executive Order for
a test engine pursuant to paragraph (A) of this section, but not later than
15 days (or such other period as may be allowed by the Executive Offi-
cer) after notification of the Executive Officer's decision to suspend or
revoke an Executive Order in whole or in part pursuant to paragraphs (B),
(C), or (F) of this section, a manufacturer may request a hearing as to
Page 290.12
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Title 13
Air Resources Board
§2408
•
whether the tests have been properly conducted or any sampling methods
have been properly applied.
(K) Any suspension of an Executive Order under paragraph (D) of this
section:
1 . must be made only after the manufacturer concerned has been of-
fered an opportunity for a hearing conducted in accordance with all appli-
cable requirements and;
2. need not apply to engines no longer in the possession of the man-
ufacturer.
(L) After the Executive Officer suspends or revokes an Executive Or-
der pursuant to this section and prior to the commencement of a hearing,
if the manufacturer demonstrates to the Executive Officer's satisfaction
that the decision to suspend or revoke the Executive Order was based on
erroneous information, the Executive Officer will reinstate the Executive
Order.
(M) To permit a manufacturer to avoid storing non-test engines while
conducting subsequent testing of the noncomplying family, a manufac-
turer may request that the Executive Officer conditionally reinstate the
Executive Order for that family. The Executive Officer may reinstate the
Executive Order subject to the following condition: the manufacturer
must commit to recall all engines of that family produced from the time
the Executive Order is conditionally reinstated if the Cumulative Sum
statistic does not fall below the action limit, or the average emissions
from the Quality-Audit testing remains above the emission standard or
FEL, as applicable, and must commit to remedy any nonconformity at no
expense to the owner.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and
43 1 04, Health and Safety Code. Reference: Sections 43013, 43017, 4301 8, 43 101 ,
43102, 43104, 43150-43154, 43205.5 and 43210-43212, Health and Safety
Code.
History
1 . New section filed 5-1-92; operative 6-1-92 (Register 92, No. 19).
2. Amendment of subsections (a)(2)-(3), (a)(7), (b)(2), (b)(4)(A) and Note filed
10-4-93; operative 1 1-3-93 (Register 93, No. 41).
3. Change without regulatory effect repealing article heading and amending Note
filed 1 2-22-93 pursuant to title 1 , section 1 00, California Code of Regulations
(Register 93, No. 52).
4. Amendment filed 7-24-95; operative 7-24-95 pursuant to Government Code
section 1 1343.4(d) (Register 95, No. 30).
5. Amendment of section heading, section and Note filed 3-23-99; operative
3-23-99 pursuant to Government Code section 1 1343.4(d) (Register 99, No.
13).
6. Amendment filed 9-20-2004; operative 10-20-2004 (Register 2004, No. 39).
§ 2408. Emission Reduction Credits — Certification
Averaging, Banking, and Trading Provisions.
(a) Applicability. The requirements of this section are applicable to all
small off-road engines produced in the 2000 and later model years. En-
gines certified to the voluntary standards in subsection 2403(b)(2) are not
eligible for participation in this program. Participation in the averaging,
banking and trading program is voluntary, but if a manufacturer elects to
participate, it must do so in compliance with the regulations set forth in
this section. The provisions of this section are limited to HC+NOx (or
NMHC+NOx, as applicable) and Particulate Matter emissions.
(b) General provisions.
(1) The certification averaging, banking, and trading provisions for
HC+NOx ar|d Particulate Matter emissions from eligible engines are de-
scribed in this section.
(2) An engine family may use the averaging, banking and trading pro-
visions for HC+NOx and NMHC+NOx and Particulate Matter emissions
if it is subject to regulation under this article with certain exceptions spe-
cified in paragraph (3) of this section. HC+NOx and Particulate Matter
credits are interchangeable subject to the limitations on credit generation,
credit usage, cross-class averaging and other provisions described in this
section.
(3) A manufacturer must not include in its calculation of credit genera-
tion and may exclude from its calculation of credit usage, any new en-
gines that are exported from California, or that are not destined for Cali-
fornia, unless the manufacturer has reason or should have reason to
believe that such engines have been or will be imported in a piece of
equipment.
(4) For an engine family using credits, a manufacturer may, at its op-
tion, include its entire production of that engine family in its calculation
of credit usage for a given model year.
(5) A manufacturer may certify engine families at Family Emission
Limits (FELs) above or below the applicable emission standard subject
to the limitation in paragraph (6) of this section, provided the summation
of the manufacturer's projected balance of credits from all credit transac-
tions for each engine class in a given model year is greater than or equal
to zero, as determined under paragraph (f).
(A) A manufacturer of an engine family with an FEL exceeding the
applicable emission standard must obtain positive emission credits suffi-
cient to address the associated credit shortfall via averaging, banking, or
trading.
(B) An engine family with an FEL below the applicable emission stan-
dard may generate positive emission credits for averaging, banking, or
trading, or a combination thereof.
(C) In the case of a production line test failure, credits may be used to
cover subsequent production of engines for the family in question if the
manufacturer elects to recertify to a higher FEL. Credits may be used to
remedy a nonconformity determined by production line testing or new
engine compliance testing, at the discretion of the Executive Officer.
(D) In the case of a production line testing failure pursuant to section
2407, a manufacturer may revise the FEL based upon production line
testing results obtained under section 2407 and upon Executive Officer
approval. The manufacturer may use certification credits to cover both
past production and subsequent production as needed.
(6) No engine family may have an FEL that is greater than the emission
levels in the table below.
Model Year Displacement Category HC+NOx level
g/kW-hr g/bhp-hr
2000-2004
0-65 cc, inclusive
> 65 cc - < 225 cc
> 225 cc
180
24.1
20
2005 and
subsequent
< 50 cc
50-80 cc, inclusive
241.4
186
2005-2006
> 80 cc - < 225 cc
> 225 cc
32.3
26.8
2007
> 80 cc - < 225 cc
> 225 cc
16.1
26.8
2008 and
subsequent
> 80 cc - < 225 cc
> 225 cc
16.1
12.1
(7) Manufacturers must demonstrate compliance under the averaging,
banking, and trading provisions for a particular model year by 270 days
after the end of the model year. An engine family generating negative
credits for which the manufacturer does not obtain or generate an ade-
quate number of positive credits by that date from the same or previous
model year engines will violate the conditions of the Executive Order.
The Executive Order may be voided ab initio for this engine family.
(c) Averaging.
(1) Negative credits from engine families with FELs above the appli-
cable emission standard must be offset by positive credits from engine
families having FELs below the applicable emission standard, as allowed
under the provisions of this section. Averaging of credits in this manner
is used to determine compliance under paragraph (f)(2).
(2) Subject to the limitations above, credits used in averaging for a giv-
en model year may be obtained from credits generated in the same model
year by another engine family, credits banked in previous model years,
or credits of the same or previous model year obtained through trading.
The restrictions of this paragraph notwithstanding, credits from a given
model year may be used to address credit needs of previous model year
engines as allowed under paragraph (f)(3).
(d) Banking.
Page 290.13
Register 2004, No. 39; 9-24-2004
§2408
BARCLAYS CALIFORNIA CODE OF REGULATIONS
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(1) Beginning with the 1999 model year, a manufacturer of an engine
family with an FEL below the applicable emission standard for 2006 and
subsequent years may bank credits in that model year for use in averaging
and trading. Negative credits may be banked only according to the re-
quirements of paragraph (f)(3) of this section.
(2) A manufacturer may bank emission credits only after the end of the
model year and after ARB has reviewed the manufacturer's end-of-year
reports. During the model year and before submittal of the end-of-year
report, credits originally designated in the certification process for bank-
ing will be considered reserved and may be redesignated for trading or
averaging in the end-of-year report and final report.
(3) Credits declared for banking from the previous model year that
have not been reviewed by ARB may be used in averaging or trading
transactions. However, such credits may be revoked at a later time fol-
lowing ARB review of the end-of-year report or any subsequent audit
actions.
(e) Trading.
( 1) An engine manufacturer may exchange emission credits with other
engine manufacturers in trading.
(2) Credits for trading can be obtained from credits banked in previous
model years or credits generated during the model year of the trading
transaction.
(3) Traded credits can be used for averaging or banking.
(4) Traded credits are subject to the limitations on use for past model
years, and the use of credits from early banking as set forth in paragraph
(c)(2).
(5) In the event of a negative credit balance resulting from a transac-
tion, both the buyer and the seller are liable, except in cases involving
fraud. The Executive Officer may void Executive Orders of all engine
families participating in a negative trade ab initio.
(f) Credit calculation and manufacturer compliance with emission
standards.
(1) For each engine family, HC+NOx and Particulate Matter certifica-
tion emission credits (positive or negative) are to be calculated according
to the following equation and rounded to the nearest gram. Consistent
units are to be used throughout the equation.
Credits = (Standard - FEL) x Sales x Power x EDP x Load Factor
Where:
Standard = the current and applicable small off-road engine HC+NOx
(NMHC+NOx) or Particulate Matter emission standard as determined in
Section 2403.
FEL = the family emission limit for the engine family in grams per brake-
horsepower hour or g/kW-hr as applicable.
Sales = eligible sales as defined in section 2401 . Annual sales projections
are used to project credit availability for initial certification. Actual sales
volume is used in determining actual credits for end-of-year compliance
determination.
Power = the sales weighted maximum modal power, in horsepower or
kilowatts as applicable. This is determined by multiplying the maximum
modal power of each configuration within the family by its eligible sales,
summing across all configurations and dividing by the eligible sales of
the entire family. Manufacturers may use an alternative if approved by
the Executive Officer (for example, maximum modal power of the test
engine).
EDP = the Emissions Durability Period for which the engine family was
certified.
Load Factor = For Test Cycle A and Test Cycle B, the Load Factor = 47%
(i.e., 0.47). For Test Cycle C, the Load Factor = 85% (i.e.,0.85). For ap-
proved alternate test procedures, the load factor must be calculated ac-
cording to the following formula:
I (%MTT modej) x (%MTS modej) x (WF mode;)
i=l
Where:
%MTT mode; = percent of the maximum torque for mode i
%MTS modej = percent of the maximum engine rotational speed for
mode i
WF modej = the weighting factor for mode i
(2) Manufacturer compliance with the emission standard is deter-
mined on a corporate average basis at the end of each model year. A man-
ufacturer is in compliance when the sum of positive and negative emis-
sion credits it holds is greater than or equal to zero, except that the sum
of positive and negative credits for a given class may be less than zero
as allowed under paragraph (3) of this section.
(3) If, as a result of production line testing as required in section 2407,
an engine family is determined to be in noncompliance, the manufacturer
may raise its FEL for past and future production as necessary. Further,
a manufacturer may carry a negative credit balance (known also as a
credit deficit) for the subject class and model year forward to the next
model year. The credit deficit may be no larger than that created by the
nonconforming family. If the credit deficit still exists after the model year
following the model year in which the nonconformity occurred, the man-
ufacturer must obtain and apply credits to offset the remaining credit def-
icit at a rate of 1.2 grams for each gram of deficit within the next model
year. The provisions of this paragraph are subject to the limitations in
paragraph (4) of this section.
(4) Regulations elsewhere in this section notwithstanding, if an engine
manufacturer experiences two or more production line testing failures
pursuant to the regulations in section 2407 of this article in a given model
year, the manufacturer may raise the FEL of previously produced engines
only to the extent that such engines represent no more than 10% of the
manufacturer's total eligible sales for that model year. For any additional
engines determined to be in noncompliance, the manufacturer must con-
duct offsetting projects approved in advance by the Executive Officer.
(5) If, as a result of production line testing under section 2407, a man-
ufacturer desires to lower its FEL, it may do so subject to Executive Offi-
cer approval and demonstration that the family would meet the new FEL
in the production line testing using the existing data.
(6) Except as allowed at paragraph (c) of this section, when a manufac-
turer is not in compliance with the applicable emission standard by the
date 270 days after the end of the model year, considering all credit calcu-
lations and transactions completed by then, the manufacturer will be in
violation of these regulations and the Executive Officer may, void ab in-
itio the Executive Orders of engine families for which the manufacturer
has not obtained sufficient positive emission credits.
(g) Certification Using Credits.
(I) In the application for certification a manufacturer must:
(A) Submit a statement that the engines for which certification is re-
quested will not, to the best of the manufacturer's belief, cause the man-
ufacturer to be in noncompliance under paragraph (f)(2) when all credits
are calculated for all the manufacturer's engine families.
(B) Declare an FEL for each engine family for HC+NOx
(NMHC+NOx) and Particulate Matter, if applicable. The FEL must have
the same number of significant digits as the emission standard.
(C) Indicate the projected number of credits generated/needed for this
family; the projected applicable eligible sales volume and the values re-
quired to calculate credits as given in paragraph (f).
(D) Submit calculations in accordance with paragraph (f) of projected
emission credits (positive or negative) based on production projections
for each family.
(E)l. If the engine family is projected to generate negative emission
credits, state specifically the source (manufacturer/engine family or re-
served) and quantity of the credits necessary to offset the credit deficit
according to projected production.
2. If the engine family is projected to generate credits, state specifical-
ly the recipient (manufacturer/engine family or reserved) and quantity of
the credits used to offset a deficit, banked, or traded, according to where
the projected credits will be applied.
Page 290.14
Register 2004, No. 39; 9-24-2004
Title 13
Air Resources Board
§2409
(2) The manufacturer may supply the information required above in
subparagraphs (C), (D), and (E) by use of a spreadsheet detailing the
manufacturer's annual production plans and the credits generated or con-
sumed by each engine family.
(3) All Executive Orders issued are conditional upon manufacturer
compliance with the provisions of this section both during and after the
model year of production.
(4) Failure to comply with all provisions of this section will be consid-
ered to be a failure to satisfy the conditions upon which the Executive Or-
der was issued, and the Executive Order may be determined to be void
ab initio.
(5) The manufacturer bears the burden of establishing to the satisfac-
tion of the Executive Officer that the conditions upon which the Execu-
tive Order was issued were satisfied or waived.
(6) Projected credits based on information supplied in the certification
application may be used to obtain an Executive Order. However, any
such credits may be revoked based on review of end-of-year reports,
follow-up audits, and any other verification steps considered appropriate
by the Executive Officer.
(h) Maintenance of records.
(1) The manufacturer must establish, maintain, and retain the follow-
ing adequately organized and indexed records for each engine family:
(A) ARB engine family identification code,
(B) Family Emission Limit (FEL) or FELs where FEL changes have
been implemented during the model year,
(C) Maximum modal power for each configuration sold or an alterna-
tive approved by the Executive Officer.
(D) Projected sales volume for the model year, and
(E) Records appropriate to establish the quantities of engines that con-
stitute eligible sales for each power rating for each FEL.
(2) Any manufacturer producing an engine family participating in
trading reserved credits must maintain the following records on a quar-
terly basis for each such engine family:
(A) The engine family,
(B) The actual quarterly and cumulative applicable production/sales
volume,
(C) The values required to calculate credits as given in paragraph (f),
(D) The resulting type and number of credits generated/required,
(E) How and where credit surpluses are dispersed, and
(F) How and through what means credit deficits are met.
(3) The manufacturer must retain all records required to be maintained
under this section for a period of eight years from the due date for the
end-of-model year report. Records may be retained as hard copy or re-
duced to microfilm, diskettes, and so forth, depending on the manufactur-
er's record retention procedure; provided, that in every case all informa-
tion contained in the hard copy is retained.
(4) Nothing in this section limits the Executive Officer's discretion in
requiring the manufacturer to retain additional records or submit infor-
mation not specifically required by this section.
(5) Pursuant to a request made by the Executive Officer, the manufac-
turer must submit to the Executive Officer the information that the man-
ufacturer is required to retain.
(6) ARB may void ab initio the Executive Order for an engine family
for which the manufacturer fails to retain the records required in this sec-
tion or to provide such information to the Executive Officer upon request.
(i) End-of-year and final reports.
(1) End-of-year and final reports must indicate the engine family, the
actual sales volume, the values required to calculate credits as given in
paragraph (f), and the number of credits generated/required. Manufactur-
ers must also submit how and where credit surpluses were dispersed (or
are to be banked) and/or how and through what means credit deficits were
met. Copies of contracts related to credit trading must be included or
supplied by the broker, if applicable. The report must include a calcula-
tion of credit balances to show that the credit summation for each class
of engines is equal to or greater than zero (or less than zero in cases of
negative credit balances as permitted in paragraph (f)(3).
(2) The calculation of eligible sales (as defined in section 2401) for
end-of-year and final reports must be based on the location of the point
of first retail sale (for example, retail customer or dealer) also called the
final product purchase location. Upon advance written request, the Ex-
ecutive Officer will consider other methods to track engines for credit
calculation purposes, such as shipments to distributors of products in-
tended for sale in California, that provide high levels of confidence that
eligible sales are accurately counted.
(3)(A) End-of-year reports must be submitted within 90 days of the
end of the model year to: Chief, Mobile Source Operations Division, Air
Resources Board, 9528 Telstar, El Monte, CA 9173 1.
(B) Unless otherwise approved by the Executive Officer, final reports
must be submitted within 270 days of the end of the model year to: Chief,
Mobile Source Operations Division, Air Resources Board, 9528 Telstar,
El Monte, CA 91731.
(4) Failure by a manufacturer to submit any end-of-year or final re-
ports in the specified time for any engines subject to regulation under this
section is a violation of Section 2403 for each engine.
(5) A manufacturer generating credits for banking only who fails to
submit end-of-year reports in the applicable specified time period (90
days after the end of the model year) may not use the credits until such
reports are received and reviewed by ARB. Use of projected credits
pending ARB review is not permitted in these circumstances.
(6) Errors discovered by ARB or the manufacturer in the end-of-year
report, including errors in credit calculation, may be corrected in the final
report.
(7) If ARB or the manufacturer determines that a reporting error oc-
curred on an end-of-year or final report previously submitted to ARB
under this section, the manufacturer's credits and credit calculations
must be recalculated. Erroneous positive credits will be void except as
provided in paragraph (h) of this section. Erroneous negative credit bal-
ances may be adjusted by ARB.
(8) If within 270 days of the end of the model year, ARB review deter-
mines a reporting error in the manufacturer's favor (that is, resulting in
an increased credit balance) or if the manufacturer discovers such an er-
ror within 270 days of the end of the model year, ARB must restore the
credits for use by the manufacturer.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and
43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101,
43102, 43104, 43150-43154, 43205.5 and 43210-43212, Health and Safety
Code.
History
1 . New section filed 3-23-99; operative 3-23-99 pursuant to Government Code
section 11343.4(d) (Register 99, No. 13).
2. Amendment of subsections (a) and (a)(6), repealer of subsections
(a)(6)(A)-(C), amendment of subsection (f)(1) and redesignation of subsec-
tions (g)(l )(E)(i)-(ii) as (g)(l)(E)l .-2. filed 9-20-2004; operative 10-20-2004
(Register 2004, No. 39).
§ 2409. Emission Reduction Credits — Production Credit
Program for New Engines.
(a) Applicability. The 1998 model year and later small off-road en-
gines subject to the provisions of this article are eligible to participate in
the production emission credit program described in this section for HC
+NOx (or NMHC+NOx, as applicable) and Particulate Matter emissions.
(b) General provisions.
(1) The production credit program for eligible small off-road engines
is described in this section. Participation in this program is voluntary.
(2) Any 2000 model year or later engine family subject to the provi-
sions of this article is eligible to participate in the production credit pro-
gram described in this section. Any 1998 or 1 999 model year engine fam-
ily subject to the provisions of this article is eligible to participate in the
production emissions credit program described in this section provided
it conforms with the requirements of section 2403.
(3) Credits generated and used in the certification averaging, banking,
and trading program pursuant to the provisions of section 2408 may not
be used in the production credit program.
Page 290.15
Register 2007, No. 29; 7-20-2007
§2409
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(4) An engine family with a compliance level, as determined by pro-
duction line testing pursuant to section 2407, below the applicable FEL
to which the engine family is certified may generate emission credits for
averaging, banking, or trading in the production credit program.
(5) Positive credits generated in a given model year may be used in that
model year and/or in any subsequent model year.
(c) Averaging.
(1) A manufacturer may use averaging across engine families to dem-
onstrate a zero or positive credit balance for a model year. Positive credits
to be used in averaging may be obtained from credits generated by anoth-
er engine family of the same model year, credits banked in previous mod-
el years, or credits obtained through trading.
(2) Production emission credits used for the certification emission
credit program must be discounted 1.1 grams to 1 gram.
(d) Banking.
(1) A manufacturer of an engine family with a production compliance
level below the FEL to which the engine family is certified for a given
model year may bank positive production credits for that model year for
use in certification averaging, trading, or, at the Executive Officer's dis-
cretion, to remedy noncompliance of another engine family.
(2) Unless otherwise approved by the Executive Officer, a manufac-
turer that generates positive production credits must wait 30 days after
it has both completed production testing for the model year for which the
credits were generated and submitted the report required by paragraph
(g)(1) before it may bank credits for use in future averaging or trading.
During the 30 day period, the Executive Officer will work with the man-
ufacturer to correct any error in calculating banked credits, if necessary.
(e) Trading.
(1) An engine manufacturer may exchange positive production emis-
sion credits with other engine manufacturers through trading.
(2) Production credits for trading can be obtained from credits banked
for model years prior to the model year of the engine family requiring
production credits.
(3) Traded production credits can be used for certification averaging
or banking.
(4) Unless otherwise approved by the Executive Officer, a manufac-
turer that generates positive production credits must wait 30 days after
it has both completed production testing for the model year for which the
credits were generated and submitted the report required by paragraph
(g)(1) before it may transfer credits to another manufacturer or broker.
(5) In the event of a negative credit balance resulting from a transac-
tion, both the buyer and the seller are liable, except in cases involving
fraud. Engine families participating in a trade that leads to a negative
credit balance may be subject to suspension or revocation of the Execu-
tive Order if the engine manufacturer having the negative credit balance
is unable or unwilling to obtain sufficient credits in the time allowed.
(f) Credit calculation. For each participating engine family, and for
each regulated pollutant (HC+NOx (NMHC+NOx) and Particulate Mat-
ter) emission credits (positive or negative) are to be calculated according
to the following equation and rounded to the nearest gram. Consistent
units are to be used throughout the equation:
Credits = (FEL - CL) x Sales x Power x EDP x Load Factor
Where:
FEL = The applicable Family Emission level to which the engine family
was certified.
CL = compliance level of the deteriorated production line testing results
for the subject pollutant in g/bhp-hr or g/kW-hr as applicable.
Sales = sales or eligible sales as defined in section 2401.
Power = the sales weighted maximum modal power, in horsepower or
kilowatts as applicable, as calculated from the applicable test procedure
as described in Section 2403. This is determined by multiplying the max-
imum modal power of each configuration within the family by its eligible
sales, summing across all configurations and dividing by the eligible
sales of the entire family. Where testing is limited to certain configura-
tions designated by the Executive Officer, the maximum modal power
for the individual configuration(s) must be used. Manufacturers may use
an alternative if approved by the Executive Officer.
EDP = the Emissions Durability Period for which the engine family was
certified.
Load Factor = For Test Cycle A and Test Cycle B, the Load Factor = 47%
(i.e., 0.47). For Test Cycle C, the Load Factor = 85% (i.e.,0.85). For ap-
proved alternate test procedures, the load factor must be calculated ac-
cording to the Load Factor formula found in paragraph (f)( I ) of Section
2408.
(g) Maintenance of records.
( 1 ) Any manufacturer that is participating in the production credit pro-
gram set forth in this section must establish, maintain, and retain the re-
cords required by paragraph (h) of Section 2408 with respect to its partic-
ipation in the production credit program.
(2) The Executive Officer may void ab initio an Executive Order for
an engine family for which the manufacturer fails to retain the records
required under this section or to provide such information to the Execu-
tive Officer upon request.
(h) Reporting requirements.
(1) Any manufacturer who participates in the production credit pro-
gram is required to submit a production credit report with the end of the
model year production testing report required under Section 2407 within
90 days of the end of the production testing of a given model year's en-
gine families. This report must show the calculation of credits from all
the production testing conducted by the manufacturer for a given model
year's engines. Such report must show the applications of credits, the
trading of credits, the discounting of credits that are used and the final
credit balance. The manufacturer may submit corrections to such end of
model year reports in a final report for a period of up to 270 days after
the end of the production testing of a given model year's engine families.
(2) The calculation of eligible sales (as defined in section 2401) for
end-of-year and final reports must be based on the location of the point
of first retail sale (for example, retail customer or dealer) also called the
final product purchase location. Upon advance written request, the Ex-
ecutive Officer will consider other methods to track engines for credit
calculation purposes, such as shipments to distributors of products in-
tended for sale in California, that provide high levels of confidence that
eligible sales are accurately counted.
(3) Reports must be submitted to: Chief, Mobile Source Operations
Division, Air Resources Board, 9528 Telstar, El Monte. CA 91731.
(4) A manufacturer that fails to submit a timely end of year report as
required in paragraph (h )(1) of this section will be considered ineligible
to have participated in the production credit program.
(5) If the Executive Officer or the manufacturer determines that a re-
porting error occurred on an end of model year report previously sub-
mitted under this section, or an engine family production testing report
submitted under section 2407, the manufacturer's credits and credit cal-
culations will be recalculated. Erroneous positive credits will be void. Er-
roneous negative credits may be adjusted by the Executive Officer. An
update of previously submitted "point of first retail sale" information is
not considered an error and no increase in the number of credits will be
allowed unless an actual error occurred in the calculation of credits due
to an error in the "point of first retail sale" information from the time of
the original end of model year report.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and
43104, Health and Safety Code. Reference: Sections 4301 3, 43017, 43018, 43101,
43102, 43104, 43150-43154, 43205.5 and 43210-43212, Health and Safety
Code.
History
1. New section filed 3-23-99; operative 3-23-99 pursuant to Government Code
section 11343.4(d) (Register 99, No. 13).
Page 290.16
Register 2007, No. 29; 7-20-2007
Title 13
Air Resources Board
§2411
2. Amendment of subsections (c)(2) and (f) filed 9-20-2004; operative
10-20-2004 (Register 2004, No. 39).
Article 3. Off-Highway Recreational
Vehicles and Engines
§2410. Applicability.
(a)( 1 ) This article applies to all new off-highway recreational vehicles
and engines manufactured for use in such vehicles produced on or after
January I, 1997, for sale, lease, use, and introduction into commerce in
California. (See Note below.)
(2) New off-highway recreational vehicles and engines used in such
vehicles, subject to any of the standards set forth in Article 3, shall be cer-
tified for use and sale by the Air Resources Board and covered by an Ex-
ecutive Order, pursuant to Section 2412 of this Article.
(b) Each part of this article is severable, and in the event that any part
of this chapter or article is held to be invalid, the remainder of this article
continues in full force and effect.
(c) This article includes provisions for certification, labeling require-
ments, emission standard enforcement, recall, and use restrictions.
NOTE: Under section 209(e)(2) of the Federal Clean Air Act (42 U.S.C.
§ 7543(e)(2), California is required to receive authorization from the Ad-
ministrator of the U.S. Environmental Protection Agency (U.S. EPA)
prior to enforcing its regulations regarding new off-road vehicles and en-
gines. Accordingly, the Air Resources Board will not seek to enforce the
off-highway recreational vehicle regulations until such time as it re-
ceives authorization from the U.S. EPA.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43104,
43105, 43107 and 43205.5, Health and Safety Code. Reference: Sections 43013,
43018, 43101, 43104, 43105, 43107 and 43205.5, Health and Safety Code.
History
1. New article 3 (sections 2410-2414) and section filed 1-26-95; operative
1-26-95 pursuant to Government Code section 1 1343.4(d) (Register 95, No. 4).
Note: Under section 209(e)(2) of the Federal Clean Air Act (42 U.S.C.
§ 7543(e)(2)), California is required to receive authorization from the Adminis-
trator of the U.S. Environmental Protection Agency (U.S. EPA) prior to enforc-
ing its regulations regarding new off-road vehicles and engines. Accordingly,
the Air Resources Board will not seek to enforce the off-highway recreational
vehicle regulations until such time as it receives authorization from the U.S.
EPA.
2. U.S. EPA granted California authorization on December 23, 1996 (61 Fed.Reg.
69093, December 31, 1996).
3. Amendment of subsection (a)(1) filed 3-23-99; operative 3-23-99 pursuant to
Government Code section 11343.4(d) (Register 99, No. 13).
4. Amendment filed 12-8-99; operative 1-7-2000 (Register 99, No. 50).
§2411. Definitions.
(a) The definitions in Section 1900(b), Chapter 1, Division 3, Title 13
of the California Code of Regulations, apply with the following addi-
tions:
(1) "All-Terrain Vehicle (ATV)" means any off-highway motor ve-
hicle 50 inches (1270 mm) or less in overall width that has all of the fol-
lowing features and characteristics: designed to travel on four or more
low pressure tires, having a single seat designed to be straddled by the
operator or a single seat designed to be straddled by the operator and a
seat for no more than one passenger, having handlebars for steering con-
trol, and is powered by an internal combustion engine. Width shall be ex-
clusive of accessories and optional equipment. A golf cart, off-road sport
vehicle, off-road utility vehicle, or sand car is not, for purposes of this
regulation, to be classified as an all-terrain vehicle.
(2) "ARB Enforcement Officer" means any employee of the Air Re-
sources Board so designated in writing by the Executive Officer of the
Air Resources Board or by the Executive Officer's designee.
(3) "Assembly-Line Tests" are those tests or inspections which are
performed on or at the end of the assembly-line.
(4) "Confirmatory testing" means an ARB directed follow-up emis-
sions test and inspection of the test engine or test vehicle that had been
used by the manufacturer to obtain test data for submittal with the certifi-
cation application. The emissions tests can be conducted at ARB or con-
tracted-out facilities or at the manufacturer's facility.
(5) "Crankcase Emissions" means airborne substances emitted into
the atmosphere from any portion of the engine crankcase ventilation or
lubrication system.
(6) "Emission Control System" includes any component, group of
components, or engine modification which controls or causes the reduc-
tion of substances emitted from an engine.
(7) "End of Assembly-Line" is defined as that place where the final
inspection test or quality-audit test is performed by the manufacturer.
(8) "Exhaust Emissions" means substances emitted into the atmo-
sphere from any opening downstream from the exhaust port of an engine.
(9) "Final Calendar Quarter Production" is defined as the calendar
quarter in which the production of an engine family ends.
(10) "Fuel System" means the combination of any of the following
components: fuel tank, fuel pump, fuel lines, oil injection metering sys-
tem, carburetor or fuel injection components, evaporative controls and
all fuel system vents.
(11) "Golf Cart" means a vehicle used to convey equipment and no
more than two persons, including the driver, to play the game of golf in
an area designated as a golf course. Golf carts are designed to have an un-
laden weight of less than 1,300 pounds and carry not more than 100
pounds, excluding passengers, accessories and optional equipment. A
golf cart is not used for grounds keeping or maintenance purposes.
(12) "Manufacturer" means the engine or vehicle manufacturer that
applies to have the vehicle or engine certified.
(13) "Off-Highway Recreational Vehicle Engines" or "Engines" are
identified as: two-stroke or four-stroke, air-cooled, liquid-cooled, gas-
oline, diesel, or alternate fuel powered engines or electric motors that are
designed for powering off-road recreational vehicles and engines in-
cluded in the following: off-road motorcycles, all-terrain vehicles, off-
road sport vehicles, off-road utility vehicles, sand cars, and golf carts. All
engines and equipment that fall within the scope of the preemption of
Section 209(e)(1)(A) of the Federal Clean Air Act, as amended, and as
defined by regulation of the Environmental Protection Agency, are spe-
cifically not included within this category.
(14) "Off-Highway Vehicle (OHV) Area" is defined as a public land
area in which the riding of off-highway recreational vehicles is allowed.
These areas are managed by public land agencies, such as the California
Department of Parks and Recreation, the Bureau of Land Management,
the United States Forest Service, cities, counties, and other jurisdictions.
(15) "Off-Road Equipment and Vehicle" means any non-stationary
device, powered by an internal combustion engine or electric motor, used
primarily off the highways, to propel, move, or draw persons or property
including any device propelled, moved, or drawn exclusively by human
power, and used in, but not limited to the following applications: Marine
Vessels, Construction/Farm Equipment, Locomotives, Utility engines
and Lawn and Garden Equipment, Off-Road Motorcycles, and Off-
Highway Vehicles.
(16) "Off-Road Motorcycle" means any two- or three-wheeled ve-
hicle equipped with an internal combustion engine and weighing less
than 1 ,499 pounds. An off-road motorcycle is primarily designed for use
off highways. These vehicles are mainly used for recreational riding on
dirt trails but are not limited to this purpose.
(17) "Off-Road Sport Vehicle" means any off-highway motor vehicle
that has all of the following features and characteristics: designed to trav-
el on four wheels, having bench or bucket seating for one or more per-
sons, having a steering wheel for steering control, designed for operation
over rough terrain, having a rear payload not exceeding 600 pounds, hav-
ing an internal combustion engine with a displacement less than or equal
to one liter, and is capable of speeds 25 miles per hour or more. Vehicles
otherwise meeting the definition for sand cars but powered by an engine
with a displacement less than or equal to one liter are considered off-road
sport vehicles.
(18) "Off-Road Utility Vehicle" means any off-highway motor ve-
hicle that has all of the following features and characteristics: designed
Page 290.17
Register 2007, No. 30; 7-27-2007
§2412
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
to travel on four or more wheels, having bench or bucket seating for two
or more persons, having a steering wheel for steering control, designed
for operation over rough terrain, having an internal combustion engine
with a displacement less than or equal to one liter, having a maximum
brake power less than or equal to 30 kilowatts, capable of speeds 25 miles
per hour or more, and having either 1) a rear payload of 350 pounds or
more, or 2) seating for six or more passengers.
(19) "Sand Car" means any off-highway motor vehicle that has all of
the following features and characteristics: designed to travel on four
wheels, having bench or bucket seating for one or more persons, having
a steering wheel for steering control, designed primarily for operation
over sand dunes, and is powered by an internal combustion engine with
a displacement greater than one liter. Vehicles otherwise meeting the cri-
teria in the previous sentence that are powered by an engine with a dis-
placement less than or equal to one liter are considered off-road sport ve-
hicles.
(20) "Scheduled Maintenance" means any adjustment, repair, remov-
al, disassembly, cleaning, or replacement of components or systems re-
quired by the manufacturer which is performed on a periodic basis to pre-
vent part failure or equipment or engine malfunction, or anticipated as
necessary to correct an overt indication of malfunction or failure for
which periodic maintenance is not appropriate.
(21) "Ultimate Purchaser" means the first person who in good faith
purchases or leases a new engine, vehicle, or piece of equipment for pur-
poses other than resale.
(22) "Unscheduled Maintenance" means any inspection, adjustment,
repair, removal, disassembly, cleaning, or replacement of components or
systems which is performed to correct or diagnose a part failure which
was not anticipated.
(23) "Vehicle Identification Number (VIN)" means an alpha numeric
code which has been permanently assigned by the manufacturer to a ve-
hicle. The VIN is unique to each vehicle and may contain information
deemed necessary by governing agencies. If a manufacturer cannot ob-
tain a federal VIN from the National Highway Traffic Safety Administra-
tion for their vehicles, an alternative VIN approved by the Executive Of-
ficer of the Air Resources Board may be used. Unless otherwise noted,
the VIN and alternate VIN will follow formats specified in the Code of
Federal Regulations 49, Chapter V, Parts 565, 566, and 571, which are
incorporated herein by reference.
(24) "Zero Emission Vehicle" means any vehicle which produces zero
exhaust emissions of any criteria pollutant under any and all possible op-
erational modes.
NOTE: Authority cited: Sections 39600, 39601,43013.43018.43101 and 43107,
Health and Safety Code. Reference: Sections 43013, 43018, 43101 and 43107,
Health and Safety Code.
History
1. New section filed 1-26-95; operative 1-26-95 pursuant to Government Code
section 1 1343.4(d) (Register 95, No. 4). Note: Under section 209(e)(2) of the
Federal Clean Air Act (42 U.S.C. § 7543(e)(2)), California is required to receive
authorization from the Administrator of the U.S. Environmental Protection
Agency (U.S. EPA) prior to enforcing its regulations regarding new off-road
vehicles and engines. Accordingly, the Air Resources Board will not seek to en-
force the off-highway recreational vehicle regulations until such time as it re-
ceives authorization from the U.S. EPA.
2. U.S. EPA granted California authorization on December 23, 1996 (61 Fed. Reg.
69093, December 31, 1996).
3. Repealer of subsection (a)(19) and subsection renumbering filed 10-19-99; op-
erative 1 1-18-99 (Register 99, No. 43).
4. Amendment filed 12-8-99; operative 1-7-2000 (Register 99, No. 50).
5. Amendment of subsections (a)(1) and (a)(l 3), new subsections (a)(17)-(19) and
subsection renumbering filed 7-16-2007; operative 8-15-2007 (Register
2007, No. 29).
§ 2412. Emission Standards and Test Procedures — New
Off-Highway Recreational Vehicles and
Engines.
(a) This section applies to all off-highway recreational vehicles and
engines used in such vehicles produced on or after January 1, 1997.
(b) For purposes of certification in California, manufacturers must
comply with the following exhaust and evaporative emissions from new
off-highway recreational vehicles and engines that are sold, leased, used,
or introduced into commerce in California.
(1 ) Exhaust emissions must not exceed:
Exhaust Emission Standards Based on
Chassis-Based Testing
Hydro-
Oxides of
Carbon
Vehicle & Model
carbon
Nitrogen
Monoxide
Particulate.
Year
(HC)
(NOx)
(CO)
Matter*4*
Off-Road Motorcycles
and All-Terrain Vehicles
with Ensines Greater
Than90'cc<1)
1997 and Later (g/km/2)
Off-Road motorcycles
and All-Terrain Vehicles
with Engines 90 cc or Less
1999 and Later (g/km)
Off-Road Motorcycle
and All-Terrain
Vehicle Option:
1997 and Later Vehicles
with Engines Greater
Than 90 cc, and 1999
and Later Vehicles with
Engines 90 cc or Less
Off-Road Sport Vehicles
and
Off-Road Utility Vehicles
2007 and Later (g/km)
Sand Cars
2007 and Later (g/km)
Golf Carts in Federal Ozone
Non-Attainment Areas
1997 and Later
1.2(3)
1.2(3)
15.0
15.0
Vehicles and engines that do not meet the
emissions standards noted above may be certified
subject to the use restrictions described
in subsection (f) below.
1.2(3)
1.2(3)
ZERO
ZERO
15.0
15.0
ZERO ZERO
1. Cubic centimeters.
2. Grams per kilometer.
3. Compliance with the 1.2 grams per kilometer HC standard to be applied as a
"corporate average" shall be determined as provided in subsection (d). Each en-
gine family shall have only one applicable standard.
4. Applicable to diesel and two-stroke spark ignited engines only.
Emission Standards Based on
Optional Engine-Based Testing^
Vehicle & Model
Year
Hydrocarbon plus
Oxides of Nitrogen
(HC + NOx)
All-Terrain Vehicles with
engines less than 225 cc(2)
1997 and Later (g/kW-hr)(3)
All Terrain Vehicles with
engines greater than or equal
to 225 cc
1997 and Later (g/kW-hr)
Off-Road Sport Vehicles
and
Off-Road Utility Vehicles
2007 and Later (g/kW-hr)
Sand Cars
2007 and Later (g/kW-hr)
16.1(4)
13.4(4)
12.0(4)
13.4W
Carbon
Monoxide Particulate
(CO) Matter^
400
400
400
400
1. All-Terrain Vehicles, Off-Road Sport Vehicles, Off-Road Utility Vehicles,
and Sand Cars may use the utility test procedures set forth in the "California Ex-
haust Emission Standards and Test Procedures for 1995-2004 Small Off-Road
Page 290.18
Register 2007, No. 30; 7-27-2007
Title 13
Air Resources Board
§2412
•
•
Engines," as incorporated by reference in CCR. title 13, section 2403(d). The test
cycle is limited to the 6-mode Test Cycle A only.
2. Cubic centimeters.
3. Grams per kilowatt-hour.
4. Compliance with the optional HC+NOx standard to be applied as a "corporate
average" shall be determined as provided in subsection (d). Each engine family
shall have only one applicable standard.
5. Applicable to diesel and two-stroke spark ignited engines only.
(2) Evaporative emissions. With the exception of vehicles certified
solely with compression-ignition engines, evaporative emissions must
not exceed:
Vehicle & Model
Year
ALL Off-Highway
Recreational Vehicles
2008 and Later
g/m2/day(!)
Evaporative Emissions
Emission Permeation Test
Component Standard Temperature
Fuel Tank
Permeation
Hose Permeation
1.5
15.0
28 °C (82 °F)
23 °C (73 °F)
1. Grams per square meter per day.
(c)(1) The test procedures for determining certification and com-
pliance with the standards for exhaust and evaporative emissions from
new off-highway recreational vehicles are set forth in "California Ex-
haust Emission Standards and Test Procedures for 1997 and Later Off-
Highway Recreational Vehicles and Engines," adopted November 23,
1994, and last amended August 15, 2007, which are hereby incorporated
by reference herein and which in turn incorporate by reference Subparts
E and F of Part 86, and Subparts A, B, C, F and I of Part 105 1 , Title 40,
Code of Federal Regulations. Manufacturers of the following are not re-
quired to perform emissions testing, but must file an application of certi-
fication and comply with the administrative requirements outlined in the
procedures to certify their vehicles for sale in California:
(A) Golf carts,
(B) Off-road motorcycles and all-terrain vehicles, and engines used
in such vehicles, as described in subsection (f) below.
(2) The test procedures for determining certification and compliance
with the standards for exhaust emissions from all-terrain vehicle, off-
road sport vehicle, off-road utility vehicle, and sand car engines (those
engines utilizing the engine-based optional standards noted in (b) above)
are set forth in "California Exhaust Emission Standards and Tests Proce-
dures for 1995-2004 Small Off-Road Engines," adopted March 20,
1992, and last amended July 26, 2004.
(d)(1) For chassis-based testing, compliance with a standard to be
applied as a "corporate average" shall be determined as follows:
I (PROD) (STD)jx
= STD
n
PRODj:
STD;*
Z (PROD)jx
j=l
Off-highway recreational vehicle engine families.
Number of units in engine family j produced for sale in California
in model year x
The manufacturer designated HC exhaust emission standard for
engine family j in model year x, which shall be determined by
the manufacturer subject to the following conditions: (1) no
individual engine family exhaust emission standard shall exceed
2.5 g/km, and (2) no engine family designation or engine family
exhaust emission standard shall be amended in a model year after
the engine family is certified for the model year, and (3) prior
to sale or offering for sale in California, each engine family
shall be certified in accordance with "California Exhaust
Emissions Standards and Test Procedures for 1997 and Later Off-
Highway Recreational Vehicles and Engines" adopted
November 23, 1994, and shall be required to meet the
manufacturer's designated HC exhaust emission standard as
a condition of the certification Executive Order. Prior to
certification the manufacturer shall also submit estimated
production volumes for each engine family
to be offered for sale in California.
STDca = A manufacturer's corporate average HC exhaust emissions from
those California off-highway recreational vehicles subject
to the California corporate average HC exhaust emissions
standard, as established by an Executive Order certifying the
California production for the model year. This order must be
obtained prior to the issuance of certification Executive Orders
for individual engine families for the model year and shall
include but not be limited to the following requirements
in subsection (e) below:
(2) For the optional engine-based testing, compliance with a standard
to be applied as a "corporate average" shall be determined as follows:
2
(FEL7)(Sales7)(PowerJ)(LoadFactor)(EDP7)
(Sales, )(Power, )(Load Factar)(EDP, )
= STDa
where
FEL
Sales,-
Power,
= the number of small off-road engine families.
= the Family Emission Level for an engine family.
= the eligible sales of engine family/
= the sales-weighted maximum modal power (in kilowatts)
of engine family j, or an alternative approved by the
Executive Officer.
EDP, = the Emissions Durability Period of engine family/
Load Factor = the Load Factor is 47% (i.e., 0.47).
STDca = A manufacturer's corporate average HC+NOx exhaust
emissions from those California off-highway recreational
vehicles subject to the California corporate average
HC+NOx exhaust emissions standard, as established by
an Executive Order certifying the California production
for the model year. This order must be obtained prior to the
issuance of certification Executive Orders for individual
engine families for the model year and shall include but
not be limited to the following requirements in subsection
(e) below:
(e)(1) During the manufacturer's production year, for each vehicle
produced for sale in California, the manufacturer must provide the fol-
lowing information to the Executive Officer within 30 days after the last
day in each calendar quarter:
(A) vehicle identification numbers and an explanation of the identifi-
cation code if applicable;
(B) model number and engine size of vehicle;
(C) the total number of vehicles marketed and produced for sale in Cal-
ifornia and their applicable designated emissions standards.
(2) The manufacturer's average HC or HC+NOx exhaust emissions, as
applicable, shall meet the corporate average standard at the end of the
manufacturer's production for the model year.
(3) Production and sale of vehicles which result in non-compliance
with the California standard for the model year shall cause a manufactur-
er to be subject to civil penalties, according to applicable provisions of
the Health and Safety Code. All excess emissions resulting from non-
compliance with the California standard shall be made up in the follow-
ing model year.
(4) For a period of up to one year following the end of the model year,
for each model the manufacturer shall submit California sales and regis-
tration data as it becomes available.
(f) Off-road motorcycles and ATVs, and engines used in such ve-
hicles, that do not meet the emissions standards in subsection (b) above
may operate only during certain periods of time at certain off-highway
vehicle (OHV) riding areas. Section 2415 of this Article lists these
California OHV riding areas and their associated riding seasons for off-
highway recreational vehicles that are subject to use restrictions.
(g)(1) On or after January 1, 1997, no new engines greater than 90 cc
may be produced for sale to replace off-road motorcycles, all-terrain ve-
hicles and engines used in such vehicles, unless those engines comply
with the emission control standards in effect at the time of replacement.
(2) On or after January 1, 1997, manufacturers may not produce for
sale in federal ozone non-attainment areas of California new, non-zero
emission engines for golf carts.
Page 290.19
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§2413
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(3) On or after January 1. 1999, no new engines 90 cc or less may be
produced for sale to replace off-road motorcycle and all-terrain vehicle
engines, unless those engines comply with the emission control stan-
dards in effect at the time of replacement.
(4) On or after January 1, 2007, no new engines may be produced for
sale to replace engines in off-road sport vehicles, off-road utility ve-
hicles, or sand cars, unless those engines comply with the emission con-
trol standards in effect at the time of replacement.
(h) The Executive Officer may find that any off-highway recreational
vehicles or engines used in such vehicles certified to comply with Cali-
fornia emission standards and test procedures for on-road or other off-
road applications are in compliance with these regulations.
(i) No crankcase emissions shall be discharged into the ambient atmo-
sphere from the following vehicles, or from engines used in such ve-
hicles:
(1) 1997 and later off-road motorcycles, all-terrain vehicles, golf
carts;
(2) 2007 and later off-road sport vehicles, off-road utility vehicles,
and sand cars.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018 and 43107. Health
and Safety Code. Reference: Sections 43013, 43018, 43102, 43104 and 43107,
Health and Safety Code.
History
1. New section filed 1-26-95; operative 1-26-95 pursuant to Government Code
section 11343.4(d) (Register 95, No. 4). Note: Under section 209(e)(2) of the
Federal Clean Air Act (42 U.S.C. § 7543(e)(2)), California is required to receive
authorization from the Administrator of the U.S. Environmental Protection
Agency (U.S. EPA) prior to enforcing its regulations regarding new off-road
vehicles and engines. Accordingly, the Air Resources Board will not seek to en-
force the off-highway recreational vehicle regulations until such time as it re-
ceives authorization from the U.S. EPA.
2. U.S. EPA granted California authorization on December 23, 1996 (61 Fed.Reg.
69093, December 31, 1996).
3. Editorial correction of subsections (d) and (e) (Register 97, No. 8).
4. Amendment of Table in subsection (b) and footnote 6 filed 2-20-97; operative
2-20-97 pursuant to Government Code section 1 1 343 .4(d) (Register 97, No. 8).
5. Change without regulatory effect amending subsection (b) table filed 5-14-97
pursuant to section 1 00, title 1 , Cal ifornia Code of Regulations (Register 97, No.
20).
6. Amendment filed 3-23-99; operative 3-23-99 pursuant to Government Code
section 1 1343.4(d) (Register 99, No. 13).
7. Amendment of subsection (b) — Emissions Standards table and amendment of
subsection (c)(1) filed 10-19-99; operative 11-18-99 (Register 99, No. 43).
8. Amendment filed 12-8-99; operative 1-7-2000 (Register 99, No. 50).
9. Change without regulatory effect amending subsection (b) filed 4-14-2003 pur-
suant to section 100, title 1, California Code of Regulations (Register 2003, No.
16).
10. Amendment of section and Note filed 7-16-2007; operative 8-15-2007
(Register 2007, No. 29).
§ 2413. Emission Control Labels — New Off-Highway
Recreational Vehicles.
(a) Purpose. The Air Resources Board recognizes that certain emis-
sions-critical or emissions-related parts must be properly identified and
maintained in order for off-highway recreational vehicles, and engines
used in such vehicles, to comply with the applicable emission standards.
The purpose of this section is to require off-highway recreational vehicle
engine manufacturers to attach a label (or labels) on each production ve-
hicle (or engine) in order to provide vehicle owners and service mechan-
ics with information necessary for the proper maintenance of these ve-
hicles and engines in customer use.
(b) Applicability
(1) All off-highway recreational vehicles, and engines used in such
vehicles, except those certified according to section 2412(f), produced
on or after January 1, 1997, for sale, lease, use or introduction into com-
merce in California, shall comply with these labeling requirements.
(2) Any off-road motorcycle, all-terrain vehicle, and engines used in
such vehicles, that are exempt from exhaust emission standards pursuant
to title 1 3 of the California Code of Regulations shall also be exempt from
the requirements of this section.
(3) The responsibility for compliance with this section rests with the
manufacturer who has been granted certification in order to offer these
vehicles and engines for sale in California.
(c) Label Content and Location
(1 ) A tune-up label made of a permanent material shall be welded, riv-
eted or otherwise permanently attached to an area on the off-highway
recreational vehicle or engine in such a manner that the label will be
readily visible to the average person after the engine installation.
(2) In selecting an acceptable location, the manufacturer shall consider
the possibility of accidental damage (e.g., possibility of tools or sharp
instruments coming in contact with the label). Each label shall be affixed
in such a manner that it cannot be removed without destroying or defac-
ing the label, and shall not be affixed to any part that is likely to be re-
placed during the vehicle's useful life.
(3) The tune-up label shall be in the English language, and use block
letters and numerals, which shall be of a color that contrasts with the
background color of the label.
(4) The tune-up label shall contain the following information:
(A) A label heading that shall read: "Vehicle Emission Control In-
formation."
(B) The complete corporate name and trademark of the manufacturer.
(C) Engine family name and engine displacement (in cubic centime-
ters).
(D) Identification of the Exhaust Emission Control System Abbrevi-
ations may be used and shall conform to the nomenclature and abbrevi-
ations found in the Society of Automotive Engineers' document J1930,
which is incorporated by reference in section 1 977, title 13, CCR, entitled
"Electrical/Electronic Systems Diagnostic Terms, Definitions, Abbrevi-
ations, and Acronyms."
(E) The tune-up specifications and adjustments recommended by the
manufacturer, including, if applicable: valve lash, ignition timing, idle
air fuel mixture setting procedure and value (e.g., CO, idle speed drop),
and high idle speed. These specifications shall indicate the proper trans-
mission position during tune-up and what accessories, if any, should be
in operation, and what systems, if any (e.g., vacuum advance, air pump),
should be disconnected during the tune-up. Any tune-up specifications
or adjustment instructions that appear on labels shall be sufficiently clear
and complete so as to preclude the need for a mechanic or vehicle owner
to consult other references in order to correctly perform the adjustments.
The manufacturer shall include the single statement: "No other adjust-
ments needed," in lieu of any tune-up adjustment instruction, when the
manufacturer does not recommend a tune-up specification or an adjust-
ment.
(F) Any specific fuel or engine lubricant requirements (e.g., research
octane number, engine lubricant type, etc.).
(G) An unconditional statement of compliance with the appropriate
model-year California regulations. For example, "This (specify off-road
motorcycle, all-terrain vehicle, off-road sport vehicle, off-road utility
vehicle, sand car, or engine, as applicable) conforms to California regula-
tions applicable to (specify applicable model year) model-year new
(specify off-road motorcycles, all-terrain vehicles, off-road sport ve-
hicles, off-road utility vehicles, sand cars, or engines, as applicable). The
statement shall also include the phrase, "is certified to (specify applicable
HC standard in grams per kilometer) HC engine family exhaust emission
standard in California" or the phrase "is certified to (specify applicable
HC+NOx standard in grams per kilowatt-hour) HC+NOx engine family
exhaust emission standard in California."
(H) Statements such as those in (G) shall not appear on labels placed
on off-highway recreational vehicles or engines that do not comply with
all applicable California regulations.
(5) A manufacturer may elect to use a supplemental label when the
original label lacks sufficient space to include all the required informa-
tion. A supplemental label shall conform to all of the specifications as the
original label. The original label shall be indicated as "1 of 2" and the sup-
plemental label shall be indicated as "2 of 2" whenever a supplemental
label is utilized.
Page 290.20
Register 2007, No. 30; 7-27-2007
Title 13
Air Resources Board
§2415
•
•
(6) The provisions of this section shall not prevent a manufacturer
from also reciting on the label that such off-highway recreational vehicle
or engine conforms to any applicable federal emission standards for new
off-road motorcycles, all-terrain vehicles, off-road utility vehicles or
engines used in such vehicles, or any other information that such
manufacturer deems necessary for, or useful to, the proper operation and
satisfactory maintenance of such off-highway vehicles or engines.
(7) As used in this Section 2413(c), readily visible to the average per-
son means that the label shall be readable from a distance of 18 inches
(46 centimeters) without any obstructions from vehicle or engine parts
(including all manufacturer available optional equipment) except for
flexible parts (e.g.. vacuum hoses, ignition wires) that can be moved out
of the way without disconnection. Alternatively, information required by
these specifications to be printed on the label shall be no smaller than 8
point type size (2 millimeters in height) provided that no vehicle or en-
gine parts (including all manufacturer available optional equipment), ex-
cept for flexible parts, obstruct the label.
(8) The labels and any adhesives used shall be designed to withstand,
for the off-highway recreational vehicle's total expected life, typical
off-highway recreational vehicle environmental conditions at the loca-
tion where a label has been attached. Typical off-highway recreational
vehicle environmental conditions include, but are not limited to, expo-
sure to engine fuels, lubricants and coolants (e.g., gasoline, motor oil,
brake fluids, ethylene glycol), engine operating temperatures, steam
cleaning, and paints or paint solvents. The manufacturer must submit,
with its certification application, a statement attesting that its labels com-
ply with this requirement.
(9) The manufacturer must obtain approval from the Executive Officer
for all emission control label formats and locations prior to certification.
Approval of the specific tune-up specifications and adjustments is not re-
quired; however, the format for all such specifications and adjustments,
if any, is subject to review. If the Executive Officer finds that the informa-
tion on the label is vague or subject to misinterpretation, or that the loca-
tion does not comply with these specifications, the Executive Officer
may require that the label or its location be modified accordingly.
(10) Samples of all actual production emission control labels used
within an engine family shall be submitted to the Executive Officer of the
state Air Resources Board within thirty days after the start of production.
(11) The Executive Officer may approve alternate label locations or
may, upon request and when the Executive Officer determines war-
ranted, waive or modify one or more of the label content requirements,
provided that the intent of this section is satisfied.
(12) If the Executive Officer finds any off-highway recreational ve-
hicle or engine manufacturer using emission control labels that are differ-
ent from those approved or that do not substantially comply with the
readability or durability requirements set forth in this section, the Execu-
tive Officer may invoke section 2109, title 13, California Code of Regu-
lations.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018, 43105 and 43107,
Health and Safety Code. Reference: Sections 43013, 43018, 43102, 43105 and
43107, Health and Safety Code.
History
1. New section filed 1-26-95; operative 1-26-95 pursuant to Government Code
section 1 1343.4(d) (Register 95, No. 4). Note: Under section 209(e)(2) of the
Federal Clean Air Act (42 U.S.C. § 7543(e)(2)), California is required to receive
authorization from the Administrator of the U.S. Environmental Protection
Agency (U.S. EPA) prior to enforcing its regulations regarding new off-road
vehicles and engines. Accordingly, the Air Resources Board will not seek to en-
force the off-highway recreational vehicle regulations until such time as it re-
ceives authorization from the U.S. EPA.
2. U.S. EPA sranted California authorization on December 23, 1996 (61 Fed. Reg.
69093, December 31, 1996).
3. Amendment of subsection (b) filed 3-23-99; operative 3-23-99 pursuant to
Government Code section 11343.4(d) (Register 99, No. 13).
4. Repealer of subsection (a) designator and repealer of subsection (b) filed
10-19-99; operative 11-18-99 (Register 99, No. 43).
5. Amendment filed 12-8-99; operative 1-7-2000 (Register 99, No. 50).
6. Amendment of section and Note filed 7-16-2007; operative 8-15-2007 (Reg-
ister 2007, No. 29).
§ 2414. New Off-Highway Recreational Vehicle Engine
Emission Standards, Enforcement and Recall
Provisions, Warranty, Quality Audit, and New
Engine Testing.
This section applies to off-road motorcycles, all-terrain vehicles, and
engines used in such vehicles, except those certified according to section
241 2(f), produced on or after January 1 , 1 997, for sale, lease, use or intro-
duction into commerce in California. Off-road motorcycles, all-terrain
vehicles, and engines used in such vehicles are subject to Title 13, Cali-
fornia Code of Regulations, Chapter 2, Articles 2.1 through 2.3, and the
incorporated Appendix A, "California In-Use Vehicle Emission-Re-
lated Recall Procedures, Enforcement Test Procedures, and Failure Re-
porting Procedures for 1982 and Subsequent Model-Year Passenger
Cars, Light-Duty Trucks, Medium-Duty Vehicles, Heavy-Duty Ve-
hicles and Engines, and Motorcycles", which are incorporated by refer-
ence herein.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018, 43105, 43107,
43205.5 and 43210, Health and Safety Code. Reference: Sections 43013, 43018,
43105, 43107, 43205.5 and 43210, Health and Safety Code.
History
1. New section filed 1-26-95; operative 1-26-95 pursuant to Government Code
section 1 1343.4(d) (Register 95, No. 4). Note: Under section 209(e)(2) of the
Federal Clean Air Act (42 U.S.C. § 7543(e)(2)), California is required to receive
authorization from the Administrator of the U.S. Environmental Protection
Agency (U.S. EPA) prior to enforcing its regulations regarding new off-road
vehicles and engines. Accordingly, the Air Resources Board will not seek to en-
force the off-highway recreational vehicle regulations until such time as it re-
ceives authorization from the U.S. EPA.
2. U.S. EPA granted California authorization on December 23, 1996 (61 Fed.Reg.
69093, December 31, 1996).
3. Amendment of subsection (b) filed 3-23-99; operative 3-23-99 pursuant to
Government Code section 11343.4(d) (Register 99, No. 13).
4. Repealer of subsection (a) designator and repealer of subsection (b) filed
10-19-99; operative 11-18-99 (Register 99, No. 43).
5. Amendment filed 12-8-99; operative 1-7-2000 (Register 99, No. 50).
§ 2415. California Off-Highway Vehicle Areas and Riding
Seasons for Off-Highway Recreational
Vehicles with Use Restrictions.
(a) The following table lists public off-highway vehicle (OHV) areas
in California that are designated for off-highway recreational vehicle op-
eration. Although not every type of off-highway recreational vehicle
may be eligible to operate at every OHV area due to restrictions by the
designated Public Land Management Agency other than this section, ve-
hicles that meet the emission standards in section 2412(b) are not subject
to the riding season restrictions noted below. Model year 2003 and later
off-road motorcycles and ATVs that are certified pursuant to section
2412(f) are permitted to operate in the public areas designated for OHV
use noted below, only during the applicable riding seasons noted. This
table contains the following information: Public Land Management enti-
ties, OHV riding area names, and the applicable riding seasons. The
OHV areas are listed in order of location, from north to south.
Page 290.21
Register 2007, No. 29; 7-20-2007
§2415
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
Table 1
OHV Areas and Their Riding Seasons for Vehicles With Use
Restrictions
Public Land Management
Ranger District:
United States Forest Service
Field Office:
Bureau of Land Management
State Vehicular Recreation Area (SVRA):
California Stave Parks
Mc Cloud Ranger District
Areata Field Office
Hayfork Ranger District
Redding Field Office
Eagle Lake Field Office
Mt. Hough Ranger District
Feather River Ranger District
Downieville Ranger District
Beckworth Ranger District
Army Corps of Engineers
Upper Lake Ranger District
Grindstone Ranger District
Ukiah Field Office
Ukiah Field Office
SVRA
City of Marysville
SVRA
Nevada City Ranger District
Truckee Ranger District
Lake Tahoe Basin Management Unit
American River Ranger District
Georgetown Ranger District
Placerville Ranger District
Amador Ranger District
Pacific Ranger District
SVRA
Calaveras Ranger District
Summit Ranger District
Mi-Wuk Ranger District
SVRA
Santa Clara County
Stanislaus County
Groveland Ranger District
Bass Lake Ranger District
SVRA
Hollister Field Office
High Sierra Ranger District
Bishop Field Office
Riding Areas
OHV Area Name
McCloud OHV Area
Samoa Dunes
Hayfork OHV Area
Chappie-Shasta ORV Area
Fort Sage OHV Area
Mt. Hough OHV Area
Feather River OHV Area
Downieville OHV Area
Beckworth OHV Area
Black Butte Lake
Upper Lake OHV Areas
Grindstone OHV Areas
South Cow Mountain Recreation Area
Knoxville Recreation Area
Clay Pit
Eugene Chappie OHV Park
Mammoth Bar
Nevada City OHV Areas
Truckee OHV Areas
Lake Tahoe OHV Area
American River OHV Areas
Georgetown OHV Areas
Placerville OHV Areas
Amador OHV Areas
Pacific OHV Areas
Prairie City
Calaveras OHV Areas
Summit OHV Areas
Mi-Wuk OHV Areas
Carnegie
Metcalf Motorcycle Park
Stanislaus OHV Areas
Groveland OHV Areas
Bass Lake OHV Areas
Hollister Hills
Clear Creek Management. Area
High Sierra OHV Areas
Bishop Resource Area
Page 290.22
Beginning
1-Oct
1-Sep
1-Oct
1-Oct
1-Oct
1-Oct
1-Oct
1-Oct
1-Oct
1-Oct
1-Oct
1-Oct
End
30-June
30-Jun
Riding Seasons
Year round
Year round
Year round
Year round
Year round
Year round
Year round
Year round
Year round
Year round
Year round
Year round
Year round
Year round
Year round
Year round
Year round
Year round
Year round
Year round
Year round
Year round
Year round
Year round
Year round
31-May
30-Apr
30-Apr
30-Apr
31-May
31-May
31-May
31-May
31-May
Year round
Register 2007, No. 29; 7-20-2007
•
30-Apr
Title 13
Air Resources Board
§2415
•
Public Land Management
Ranger District:
United States Forest Service
Field Office:
Bureau of Land Management
State Vehicular Recreation Area (SVRA):
California State Parks
Hume Lake Ranger District
SVRA
Santa Lucia Ranger District
Kern River Ranger District
Tule River/Hot Springs Ranger District
Ridgecrest Field Office
Ridgecrest Field Office
Ridgecrest Field Office
White Mountain Ranger District
Mt. Pinos Ranger District
SVRA
Santa Barbara Ranger District
Ojai Ranger District
Santa Clara/Mojave Rivers Ranger District
San Gabriel River Ranger District
Front Country Ranger District
Mountain Top Ranger District
San Jacinto Ranger District
Barstow Field Office
Barstow Field Office
Barstow Field Office
Barstow Field Office
Barstow Field Office
Needles Field Office
San Bernardino County
Lake Havasu Field Office
Palm Springs Field Office
Trabuco Ranger District
Descanso Ranger District
El Centro Field Office
SVRA
SVRA
El Centro Field Office
El Centro Field Office
El Centro Field Office
El Centro Field Office
El Centro Field Office
El Centro Field Office
Riding A reas
OH V Area Name
Hume Lake OHV Areas
Oceano Dunes
Santa Lucia OHV Areas
Kern River OHV Areas
Tule River/Hot Springs OHV Areas
Olancha Dunes
Jawbone Canyon, Dove Springs
Spangler Hill
White Mountain OHV Areas
Mt. Pinos OHV Areas
Hungry Valley
Santa Barbara OHV Areas
Ojai OHV Areas
Santa Clara/Mojave Rivers OHV Areas
San Gabriel River OHV Areas
Front Country OHV Areas
Mountain Top OHV Areas
San Jacinto OHV Areas
Dumont Dunes
El Mirage
Stoddard Valley
Rasor
Johnson Valley
Eastern Mojave Desert Areas
Park Moabi
Parker Strip
Colorado Desert Areas
Trabuco OHV Areas
Descanso OHV Areas
Lark Canyon
Ocatillo Wells
Heber Dunes
Arroyo Salado
Superstition Mountain
Plaster City
imperial Dunes-Mammoth Wash
Imperial Dunes-GIamis/Gecko
Imperial Dunes-Buttercup Valley
Riding Seasons
Beginning
End
1-Oct
Year round
Year round
31 -May
1-Oct
31 -May
1-Oct
Year round
31 -May
1-Sep
1-Sep
Year round
31 -May
31 -May
1-Oct
30-Apr
1-Oct
30-Apr
1-Oct
30-Apr
1-Oct
30-Apr
1-Oct
30-Apr
1-Oct
30-Apr
1-Oct
30-Apr
1-Oct
30-Apr
1-Oct
Year round
31 -May
1-Oct
1-Sep
1-Sep
1-Sep
Year round
Year round
Year round
30-Apr
31 -May
31 -May
31 -May
1-Oct
30-Apr
1-Oct
30-Apr
1-Oct
30-Apr
1-Oct
30-Apr
1-Oct
Year round
31 -May
1-Oct
1-Oct
1-Oct
Year round
Year round
Year round
31 -May
31 -May
31 -May
(b) The Executive Officer shall publish in the California Regulatory
Notice Register and notify potentially affected OHV Area Managing En-
tities regarding revisions to Table 1 in subsection (a) at least 30 days be-
fore the revisions take effect, in the following situations:
(1) The Executive Officer may revise Table 1 in subsection (a) where
there is a change in the designation (with respect to California Ambient
Air Quality Standards), from zone nonattainment to attainment, of an
area in which an OHV area is located, provided that the attainment area
is not identified as an upwind contributor to significant impacts to trans-
port of ozone or ozone precursors as identified and defined in Section
70500, Title 17, California Code of Regulations.
(2) The Executive Officer may revise Table 1 in subsection (a) to re-
flect changes in the physical characteristics or identity of OHV Areas, in-
cluding but not limited to changes in ownership or control of listed areas,
addition or deletion of areas, or changes in the geographic domain of
listed areas.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018 and 43107, Health
and Safety Code; and Sections 38020 and 38390, Vehicle Code. Reference: Sec-
tions 43013, 43018 and 43107, Health and Safety Code.
History
1. New section filed 12-8-99; operative 1-7-2000 (Register 99, No. 50).
Page 290.23
Register 2007, No. 29; 7-20-2007
§2420
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
2. Amendment of subsection (a) filed 4-27-2004; operative 5-27-2004 (Register
2004. No. 18).
3. Amendment of section and NOTE filed 7-16-2007; operative 8-15-2007 (Reg-
ister 2007, No. 29).
Article 4. Off-Road Compression-Ignition
Engines and Equipment
§ 2420. Applicability.
(a)(1) This article shall be applicable to new heavy-duty off-road
compression-ignition engines, including all heavy-duty off-road alter-
nate-fueled compression-ignition engines, including those engines
derived from existing diesel cycle engines (hereinafter all such engines
shall be referred to as compression-ignition engines), produced on or af-
ter January 1 , 1 996, and all other new 2000 model year and later off-road
compression-ignition engines, with the exception of all engines and
equipment that fall within the scope of the preemption of Section
209(e)(1) of the Federal Clean Air Act (42 U.S.C. 7543(e)(1) and as de-
fined by regulation of the U.S. Environmental Protection Agency.
(2) For any engine that is not a distinctly compression-ignition engine
nor derived from such, the Executive Officer shall determine whether the
engine shall be subject to these regulations, taking into consideration the
relative similarity of the engine's torque-speed characteristics with those
of compression-ignition engines.
(3) Every new off-road compression-ignition engine that is manufac-
tured for sale, sold, offered for sale, introduced or delivered for introduc-
tion into commerce, or imported into California and that is subject to any
of the standards prescribed in this article and documents incorporated by
reference therein, is required to be certified for use and sale by the man-
ufacturer through the Air Resources Board and covered by an Executive
Order, issued pursuant to Chapter 9, Article 4, Section 2423.
(b) Each part of this article shall be deemed severable, and in the event
that any part of this chapter or article is held to be invalid, the remainder
shall continue in full force and effect.
(c) This article and documents incorporated by reference herein, in-
clude provisions for certification, labeling requirements, warranty, in-
use compliance testing, quality-audit testing, and certification testing.
(d)(1) For purposes of this article, military tactical vehicles or equip-
ment means vehicles or equipment owned by the U.S. Department of De-
fense and/or the U.S. military services and used in combat, combat sup-
port, combat service support, tactical or relief operations, or training for
such operations.
(2) This article shall not apply to engines used in off-road military tac-
tical vehicles or equipment which have been exempted from regulations
under the federal national security exemption. 40 CFR, subpart J, section
89.908. It shall also not apply to those vehicles and equipment covered
by the definition of military tactical vehicle that are commercially avail-
able and for which a federal certificate of conformity has been issued un-
der 40 CFR Part 89, subpart B.
(3) On January 1, 1997, the U.S. Department of Defense shall submit
to the ARB a list of all vehicle and equipment types that are exempted
under the above provisions and which are located in the State of Califor-
nia. If any additional vehicle and equipment types are added to the list
during the previous 12 months, the U.S. Department of Defense shall up-
date the list and submit it to the ARB by January 1 of the following year.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102,
43104 and 43105, Health and Safety Code. Reference: Sections 43013, 43017,
43018, 43101, 43102, 43104, 43105, 43150-43154, 43205.5 and 43210-43212,
Health and Safety Code.
History
1 . New chapter 1 1 (sections 2420-2427) filed 6-9-93; operative 7-9-93 (Register
93, No. 24).
2. Editorial correction restoring inadvertently omitted chapter heading (Register
93, No. 48).
3. Change without regulatory effect deleting chapter heading and amending article
heading, section and Note filed 1 2-22-93 pursuant to title 1 , section 1 00, Cali-
fornia Code of Regulations (Register 93, No. 52).
[The next page is 291 .]
Page 290.24
Register 2007, No. 29; 7-20-2007
Title 13
Air Resources Board
§2421
•
•
4. New subsections (d)( 1 )-(d)(3) filed 7-3-96; operative 7-3-96 pursuant to Gov-
ernment Code section 1 1343.4(d) (Register 96, No. 27).
5. Amendment of subsections (a)(l)-(a)(3) and (c) and amendment of Note filed
12-28-2000; operative 12-28-2000 pursuant to Government Code section
11343.4(d) (Register 2000, No. 52).
6. Amendment of article heading and amendment of subsection (a)(1) filed
12-7-2005; operative 1-6-2006 (Register 2005, No. 49).
§2421. Definitions.
(a) The definitions in Section 1900 (b), Chapter 3, Title 1 3 of the Cali-
fornia Code of Regulations, shall apply with the following additions:
(1) "1996-1999 Heavy-Duty Test Procedures" means the document
entitled "California Exhaust Emission Standards and Test Procedures for
New 1996-1999 Heavy-Duty Off-Road Compression-Ignition En-
gines, Part I-A," which includes the standards and test procedures appli-
cable to 1 996-1999 heavy-duty off-road compression-ignition engines,
as adopted May 12, 1993, and as amended January 28, 2000. This docu-
ment is incorporated by reference herein.
(2) "1996-1999 Smoke Test Procedures" means the document entitled
"California Smoke Test Procedures for New 1996-1999 Off-Road
Compression-Ignition Engines, Part III," which includes the standards
and test procedures applicable to 1996-1999 heavy-duty off-road com-
pression-ignition engines, as adopted May 12, 1993, and as amended
January 28, 2000. This document is incorporated by reference herein.
(3) "2000 Plus Limited Test Procedures" means the document titled
"California Exhaust Emission Standards and Test Procedures for New
2000 and Later Tier 1 , Tier 2, and Tier 3 Off-Road Compression-Igni-
tion Engines, Part I-B," which includes the standards and test procedures
applicable to 2000 and later off-road compression-ignition engines, as
adopted January 28, 2000, and as amended October 20, 2005. This docu-
ment is incorporated by reference herein.
(4) "2008 and Later Test Procedures" means the document titled
"California Exhaust Emission Standards and Test Procedures for New
2008 and Later Tier 4 Off-Road Compression-Ignition Engines," which
includes the standards and test procedures applicable to 2008 and later
off-road compression-ignition engines, as adopted October 20, 2005.
This document is incorporated by reference herein.
(5) "Adjustable parameter" means any device, system, or element of
design that is capable of being adjusted manually (even if difficult to ac-
cess), and which may affect emissions or engine performance during
emission testing or normal in-use operation. This includes, but is not lim-
ited to, parameters related to injection timing and fueling rate. A parame-
ter that is difficult to access may be excluded upon request to the Execu-
tive Officer if the parameter cannot be adjusted to a degree that affects
emissions without significantly degrading engine performance, or if
demonstrated that it will not be adjusted in a way that affects emissions
during in-use operation.
(6) "Alternate fuel" means any fuel that will reduce non-methane hy-
drocarbons (on a reactivity-adjusted basis), NOx, CO, and the potential
risk associated with toxic air contaminants as compared to gasoline or
diesel fuel and would not result in increased deterioration of the engine.
Alternate fuels include, but are not limited to, methanol, ethanol, lique-
fied petroleum gas, compressed natural gas, and electricity.
(7) "ARB Enforcement Officer" means any officer or employee of the
Air Resources Board so designated in writing by the Executive Officer
(or by his designee).
(8) "Assembly-line tests" are those tests or inspections that are per-
formed on or at the end of the assembly-line.
(9) "Auxiliary emission-control device" means any element of design
that senses temperature, motive speed, engine speed, transmission gear,
or any other parameter for the purpose of activating, modulating, delay-
ing, or deactivating the operation of any part of the emission-control sys-
tem.
(10) "Blue Sky Series engine" means an off-road compression-igni-
tion engine meeting the requirements of Section 2423(b)(4).
(11) "Calendar year" is defined as the twelve-month period com-
mencing on January 1 through December 31.
(12) "Certification" means, with respect to new off-road compres-
sion-ignition engines, the obtaining of an Executive Order for an engine
family complying with the off-road compression-ignition engine emis-
sion standards and requirements specified in this article.
(13) "Certified configuration" or "certified emissions configuration"
means the assembled state of an engine that is equipped with a complete
set of emission-related components and systems that are equivalent from
an emissions standpoint (i.e., tolerances, calibrations, and specifications)
to those components and systems that (A) were originally installed on the
engine when it was issued an Executive Order, (B) have been approved
by the engine manufacturer to supersede any of the original emission-re-
lated components and systems for that engine, or (C) are direct replace-
ment parts equaling or exceeding the emissions-related performance of
the original or superseded components and systems.
(14) "Compression-ignition engine" means a type of engine with op-
erating characteristics significantly similar to the theoretical Diesel com-
bustion cycle. The non-use of a throttle to regulate intake flow for con-
trolling power during normal operation is indicative of a
compression-ignition engine. A compression-ignition engine may be
petroleum-fueled (i.e., diesel-fueled) or alternate-fueled. All engines
and equipment that fall within the scope of the preemption of Section
209(e)(1) of the Federal Clean Air Act (42 U.S.C. 7543(e)(l )) and as de-
fined by regulation of the Environmental Protection Agency, are specifi-
cally not included within this category.
(15) "Constant-speed engine" means (A) for engines subject to the
2000 and Later Plus Limited Test Procedures, an off-road compression-
ignition engine that is governed to operate only at rated speed, or (B) for
engines subject to the 2008 and Later Test Procedures, an off-road com-
pression-ignition engine certified to operate only at constant speed.
Constant-speed operation means engine operation with a governor that
controls the operator input to maintain an engine at a reference speed,
even under changing load. For example, an isochronous governor
changes reference speed temporarily during a load change, then returns
the engine to its original reference speed after the engine stabilizes. Iso-
chronous governors typically allow speed changes up to 1.0 %. Another
example is a speed-droop governor, which has a fixed reference speed
at zero load and allows the reference speed to decrease as load increases.
With speed-droop governors, speed typically decreases (3 to 10) % be-
low the reference speed at zero load, such that the minimum reference
speed occurs near the engine's point of maximum power.
(16) "Crankcase emissions" means airborne substances emitted into
the atmosphere from any portion of the engine crankcase ventilation or
lubrication system.
(17) "Compliance testing" means ARB directed emissions tests and
inspections of a reasonable number of production engines and/or ve-
hicles that are offered for sale, or manufactured for sale, in California in
order to verify compliance with the applicable certification emission
standards. The emissions tests may be conducted at ARB or contracted
out facilities or at the manufacturer's facility. The testing will be done at
the expense of the manufacturer.
(18) "Confirmatory testing" means ARB directed emissions tests and
inspections of the test engines and/or test vehicles used by the manufac-
turer to obtain test data for submittal with the certification application.
The emissions tests may be conducted at ARB or contracted out facilities
or at the manufacturer's facility. The testing will be done at the expense
of the manufacturer.
(19) "Dealer" means that person or entity engaged in the selling of new
off-road compression-ignition engines, vehicles or equipment to ulti-
mate purchasers.
(20) "Deterioration factor" means the relationship between emissions
at the end of useful life and emissions at the low-hour test point, ex-
pressed in one of the following ways, whichever is applicable: (A) For
multiplicative deterioration factors, the ratio of emissions at the end of
useful life to emissions at the low-hour test point; (B) For additive deteri-
oration factors, the difference between emissions at the end of useful life
and emissions at the low-hour test point.
Page 291
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§2421
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(21) "Diesel cycle engine" means a type of engine with operating char-
acteristics significantly similar to the theoretical diesel combustion
cycle. The primary means of controlling power output in a diesel cycle
engine is by limiting the amount of fuel that is injected into the combus-
tion chambers of the engine. A diesel cycle engine may be petroleum-
fueled (i.e., diesel-fueled) or alternate-fueled.
(22) "Emission control system" includes any component, group of
components, or engine modification that controls or causes the reduction
of substances emitted from an engine.
(23) "End of assembly line" is defined as that place where the final in-
spection test or quality-audit test is performed.
(24) "Engine manufacturer" or "manufacturer" means any person who
is engaged in the manufacturing or assembling of new off-road engines
or the importing of new off-road engines for resale and who has been
granted certification, or any person who acts for and is under the control
of a manufacturer in connection with the distribution of new off-road en-
gines. "Engine manufacturer" or "manufacturer" does not include a deal-
er who receives new off-road engines for sale in commerce.
(25) "Exhaust emissions" means substances emitted into the atmo-
sphere from any opening downstream from the exhaust port of an off-
highway engine.
(26) "Family emission limit" (FEL) means an emission level that is de-
clared by the manufacturer to serve in lieu of an emission standard for
certification purposes and for the averaging, banking, and trading pro-
gram, as defined in Title 13, California Code of Regulations, Section
2423. A FEL must be expressed to the same number of decimal places
as the applicable emission standard.
(27) "Final calendar quarter production" is defined as the calendar
quarter in which the production of an engine family ends.
(28) "First calendar quarter production" is defined as the calendar
quarter in which the production of an engine family begins.
(29) "Fuel system" means the combination of any of the following
components: fuel tank, fuel pump, fuel lines, oil injection metering sys-
tem, carburetor or fuel injection components, or all fuel system vents.
(30) "Gross engine malfunction" is defined as one yielding an emis-
sion value greater than the sum of the mean plus three (3) times the stan-
dard deviation. This definition shall apply only for determination of con-
trol limits.
(31) "Heavy-duty off-road compression-ignition engines" or "en-
gines" are identified as: 1996 through 1999 model year diesel or alternate
fuel powered diesel cycle internal combustion engines 175 horsepower
and greater, operated on or in any device by which any person or property
may be propelled, moved or drawn upon a highway, but are primarily
used off a highway. The engines are designed for powering construction,
farm, mining, forestry and industrial implements and equipment. They
are designed to be used in, but are not limited to use in, the following
applications: agricultural tractors, backhoes, excavators, dozers, log
skidders, trenchers, motor graders, portable generators and compressors
and other miscellaneous applications.
Specifically excluded from this category are: (A) engines operated on
or in any device used exclusively upon stationary rails or tracks; (B) ma-
rine diesel engines; (C) internal combustion engines attached to a foun-
dation at a location; (D) transportable engines subject to District permit-
ting rules which have been operated at a location for a period of one year
or more on January 1, 1997; and (E) stationary or transportable gas tur-
bines for power generation.
(32) "Identification number" means a specification (for example,
model, number/serial number combination) that allows a particular off-
road compression-ignition to be distinguished from other similar en-
gines.
(33) "Marine diesel engine" means a compression-ignition engine
that is installed or intended to be installed on a vessel. There are two types
of Marine Diesel Engines: (A) Propulsion marine compression-ignition
engines, which are those that move or are intended to move a vessel
through water or direct the movement of a vessel, and (B) Auxiliary ma-
rine diesel engines, which are integral to the vessel, but which do not pro-
pel the vessel. This definition includes portable auxiliary marine engines
or generators only if their fueling, cooling, or exhaust systems are an inte-
gral part of the vessel. ^^^
(34) "Maximum Engine Power" means the maximum brake power ^^B
point on the nominal power curve for a specific engine configuration, ^^
rounded to the nearest whole kilowatt. The "nominal power curve" of an
engine configuration means the relationship between maximum avail-
able engine brake power and engine speed for a specific engine configu-
ration, as determined using the mapping procedures specified in Part
1065 of the 2008 and Later Test Procedures, based on the manufacturer's
design and production specifications for that engine. This relationship
may also be expressed by a torque curve that relates maximum available
engine torque with engine speed. The nominal power curve shall be with-
in the normal production variability of actual power curves for produc-
tion engines of the same engine configuration. This definition of Maxi-
mum Engine Power shall be applicable for all references to a specific
power value or range of power values with respect to engines subject to
the 2008 and Later Test Procedures, except as otherwise noted or per-
mitted by the Executive Officer. Maximum Engine Power shall be used
as the basis for categorizing engine families into appropriate Tier 4 power
categories.
(35) "Maximum Rated Power" means the maximum brake kilowatt
output of an engine at rated speed as stated by the manufacturer in the
manufacturer's sales and service literature and in the application for cer-
tification. Maximum Rated Power shall be used as the basis for categoriz-
ing engine families into appropriate Tier 1 , Tier 2, and Tier 3 power cate-
gories, except as otherwise noted or permitted by the Executive Officer.
(36) "Maximum Test Speed" has the same meaning as defined in Part
1065.1001 of the 2008 and Later Test Procedures.
(37) "Model year" means the manufacturer's annual production peri-
od which includes January 1 of a calendar year or, if the manufacturer has
no annual production period, the calendar year.
(38) "Off-road compression-ignition engine":
(A) Except as specified in paragraph (B) of this definition, an off-road
compression-ignition engine is any internal combustion engine:
1 . in or on a piece of equipment that is self-propelled or serves as a dual
purpose by both propelling itself and performing another function and is
primarily used off the highways (such as garden tractors, off-highway
mobile cranes and bulldozers); or
2. in or on a piece of equipment that is intended to be propelled while
performing its function (such as lawnmowers and string trimmers); or
3. that, by itself or in or on a piece of equipment, is portable or trans-
portable, meaning designed to be and capable of being carried or moved
from one location to another. Indicia of transportability include, but are
not limited to wheels, skids, carrying handles, dolly, trailer, or platform.
(B) An internal combustion engine is not an off-road compression-
ignition engine if:
1. the engine is used to propel a vehicle subject to the emission stan-
dards contained in Title 13, California Code of Regulations, Sections
1950-1 978, or a vehicle used solely for competition, or is subject to stan-
dards promulgated under Section 202 of the federal Clean Air Act (42
U.S.C. 7521); or
2. the engine is regulated by a federal New Source Performance Stan-
dard promulgated under Section 1 1 1 of the federal Clean Air Act (42
U.S.C. 7511); or
3. the engine otherwise included in paragraph (A)3. of this definition
remains or will remain at a location for more than 12 consecutive months
or a shorter time for an engine located at a seasonal source. A location is
any single site at a building, structure, facility, or installation. Any engine
(or engines) that replaces an engine at a location and that is intended to
perform the same or similar function as the engine replaced will be in-
cluded in calculating the consecutive period. An engine located at a sea-
sonal source is an engine that remains at a seasonal source during the full
operating period of the seasonal source. A seasonal source is a stationary
source that remains in a single location on a permanent basis (i.e., at least
two years) and that operates at a single location approximately three
Page 292
Register 2005, No. 49; 12-9-2005
Title 13
Air Resources Board
§2421
•
months (or more) each year. This paragraph does not apply to an engine
after the engine is removed from the location.
(39) "Off-road vehicle" or "Off-road equipment" means a vehicle or
equipment that is powered by an off-road compression-ignition engine.
(40) "Off-road vehicle manufacturer" or "Off-road equipment
manufacturer" means any person engaging in the manufacturing or as-
sembling of new off-road vehicles or equipment, or importing of new
off-road vehicles or equipment for resale, or acting for and under the
control of any person in connection with distributing new off-road ve-
hicles and equipment. An off-road vehicle manufacturer or off-road
equipment manufacturer does not include a dealer, nor any person engag-
ing in the manufacturing or assembling of new off-road engines or
equipment who does not install an engine as part of that manufacturing
or assembling process. All off-road vehicle or equipment manufacturing
entities that are under the control of the same person are considered to be
a single off-road vehicle manufacturer or off-road equipment manufac-
turer.
(41 ) "Opacity" means the fraction of a beam of light, expressed in per-
cent, which fails to penetrate a plume of smoke.
(42) "Otto cycle engine" means a type of engine with operating char-
acteristics significantly similar to the theoretical Otto combustion cycle.
The primary means of controlling power output in an Otto cycle engine
is by limiting the amount of air and fuel that can enter the combustion
chambers of the engine. Gasoline-fueled engines are Otto cycle engines.
(43) "PM and Test Cycle Limited Procedures" means the document
titled "California Exhaust Emission Standards and Test Procedures for
New 1996 and Later Tier 1 , Tier 2, and Tier 3 Off-Road Compression-
Ignition Engines, Part II," which includes the standards and test proce-
dures applicable for 1 996 and later heavy-duty off-road compression-
ignition engines, as adopted May 12, 1993, and as amended October 20,
2005. This document is incorporated by reference herein.
(44) "Post-manufacture marinizer" means a person who produces a
marine compression-ignition engine by substantially modifying a certi-
fied or uncertified complete or partially complete engine, and is not con-
trolled by the manufacturer of the base engine or by an entity that also
controls the manufacturer of the base engine. For the purpose of this defi-
nition, "substantially modify" means changing an engine in a way that
could change engine emission characteristics.
(45) "Power category" means a specific range of maximum power that
defines the applicability of standards. For example, references to the
56-130 kW power category and 56 < kW < 130 include all engines with
maximum power at or above 56 kW but below 1 30 kW. Also references
to 56-560 kW power categories or 56 < kW < 560 include all engines
with maximum power at or above 56 kW, but at or below 560 kW, even
though these engines span multiple power categories. Note that in some
cases, FEL caps are based on a subset of a power category. The Tier 4
applicable power categories are defined as follows:
(A) Engines with maximum engine power below 19 kW.
(B) Engines with maximum engine power at or above 1 9 kW but below
56 kW.
(C) Engines with maximum engine power at or above 56 kW but below
130 kW.
(D) Engines with maximum engine power at or above 130 kW but at
or below 560 kW.
(E) Engines with maximum engine power above 560 kW.
(46) "Propulsion marine compression-ignition engine" means a ma-
rine compression-ignition engine that is intended to move a vessel
through water or direct the movement of a vessel.
(47) "Quality-audit test" is defined as the test performed on a sample
of production engines produced for sale in California.
(48) "Rated speed" is the maximum full load governed speed for gov-
erned engines and the speed of maximum horsepower for ungoverned en-
gines.
(49) "Representative engine sample" means that the sample is typical
of the engine family or engine family group as a whole (as defined in ap-
plicable test procedures). Except as provided in Section 2427, a represen-
tative sample would not include a low-volume subgroup of the engine
family or engine family group.
(50) "Scheduled maintenance" means any adjustment, repair, remov-
al, disassembly, cleaning, or replacement of components or systems re-
quired by the manufacturer that is performed on a periodic basis to pre-
vent part failure or equipment or engine malfunction, or anticipated as
necessary to correct an overt indication of malfunction or failure for
which periodic maintenance is not appropriate.
(51) "Small off-road engine" has the meaning specified in Title 13.
California Code of Regulations, Section 2401.
(52) "Small-volume engine manufacturer" means a small business en-
gine manufacturer that had engine families certified to meet the require-
ments of 40 CFR part 89 before 2003, had annual U.S.-directed produc-
tion of no more than 2,500 units in 2002 and all earlier calendar years,
and has 1 000 or fewer employees. For manufacturers owned by a parent
company, the production limit applies to the production of the parent
company and all its subsidiaries and the employee limit applies to the to-
tal number of employees of the parent company and all its subsidiaries.
(53) "Tier 1 engine" means an engine subject to the Tier 1 emission
standards listed in Section 2423(b)(1)(A) of this article.
(54) "Tier 2 engine" means an engine subject to the Tier 2 emission
standards listed in Section 2423(b)(1)(A) of this article.
(55) "Tier 3 engine" means an engine subject to the Tier 3 emission
standards listed in Section 2423(b)(1)(A) of this article.
(56) "Tier 4 engine" means an engine subject to the Tier 4 emission
standards listed in Section 2423(b)(1)(B) of this article.
(57) "Ultimate purchaser" means the first person who in good faith
purchases a new engine or equipment for purposes other than resale.
(58) "Unscheduled maintenance" means any inspection, adjustment,
repair, removal, disassembly, cleaning, or replacement of components or
systems that is performed to correct or diagnose a part failure which was
not anticipated.
(59) "Useful life" means:
(A) For all engines rated under 19 kilowatts, and for constant-speed
engines rated under 37 kilowatts with rated speeds greater than or equal
to 3,000 revolutions per minute, a period of use of five years or 3,000
hours of operation, whichever first occurs.
(B) For all other engines rated at or above 19 kilowatts and under 37
kilowatts, a period of use of seven years or 5,000 hours of operation,
whichever first occurs.
(C) For all engines rated at or above 37 kilowatts, a period of use of
ten years or 8,000 hours, whichever first occurs.
(60) "Vessel" has the meaning specified in Section 9840 of the
California Vehicle Code.
(61) "Warrantable condition" means any condition of an engine that
triggers the responsibility of the manufacturer to take corrective action
pursuant to Section 2425.
(62) "Warranted part" means any emissions-related part installed on
an engine by the equipment or engine manufacturer, or installed in a war-
ranty repair, which is listed on the warranty parts list.
(63) "Warranty period" means the period of time, either in years or
hours of operation, that the engine or part is covered by the warranty pro-
visions.
(64) "Warranty station" means a service facility authorized by the
equipment or engine manufacturer to perform warranty repairs. This
shall include all manufacturer distribution centers that are franchised to
service the subject equipment or engines.
NOTE: Authority cited: Sections 39600, 39601,43013, 43018, 43101, 43102 and
43104, Health and Safety Code. Reference: Sections 4301 3, 4301 8, 431 01 , 43 102,
43104, 43105, 43150-43154, 43205.5 and 43210-43212, Health and Safety
Code.
History
1. New section filed 6-9-93; operative 7-9-93 (Register 93, No. 24).
2. Change without regulatory effect amending Note filed 12-22-93 pursuant to
title 1, section 100, California Code of Regulations (Register 93, No. 52).
3. Amendment filed 12-28-2000; operative 12-28-2000 pursuant to Government
Code section 1 1343.4(d) (Register 2000, No. 52).
Page 293
Register 2005, No. 49; 12-9-2005
§2422
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
4. Amendment of subsection (a)(3). new subsections (a)(4)-(5), (a)(9), (a)(13),
(a)(20), (a)(34), (a)(36), (a)(45)-(a)(45)(E), (a)(52) and (a)(56), subsection re-
numbering and amendment of newly designated subsections (a)(14)-(15),
(a)(31), (a)(33), (a)(35), (a)(43) and (a)(53)-(55) filed 12-7-2005; operative
1-6-2006 (Register 2005. No. 49).
§ 2422. [Reserved].
History
1. Change without regulatory effect adopting new section number 2422 filed
12-22-93 pursuant to title I. section 100, California Code of Regulations (Reg-
ister 93, No. 52).
§ 2423. Exhaust Emission Standards and Test
Procedures — Off-Road Compression-Ignition
Engines.
(a) This section shall be applicable to new heavy-duty off-road corn-
Table la. - Tier 1, Tier 2, and Tier 3 Exhaust Emission Standards
(grams per kilowatt-hour)
Maximum Rated Tier Model Year NOx2 HC3 NMHC+
Power (kW)* NOx4
pression-ignition engines, produced on or after January 1. 1996, and all
other new 2000 and later model year off-road compression-ignition en-
gines. For the purposes of this section, these engines shall be called
"compression-ignition engines."
(b)(1)(A) Exhaust emissions from new off-road compression-igni-
tion engines, as sold in this slate and as appropriate based on model year
and maximum rated power, shall not exceed the levels contained in Table
la with respect to steady-state testing. Table la follows:
CO5
PM6
kW<8
8<kW<19
19<kW<37
37<kW<56
56<kW<75
75<kW<130
130<kW<225
225<kW<450
450<kW<560
kW>560
Tierl
Tier 2
Tierl
Tier 2
Tierl
Tier 2
Tierl
Tier 2
Tier 38
Tierl
Tier 2
Tier 3
Tierl
Tier 2
Tier 3
Tierl
Tier 2
Tier 3
Tierl
Tier 2
Tier 3
Tierl
Tier 2
Tier 3
Tierl
Tier 2
2000-
2005-
2000-
2005-
2000-
2004-
2000-
2004-
2008-
2000-
2004-
2008-
2000-
2003-
2007-
1996
2003-
2006-
1996-
2001-
2006-
1996
2002-
2006-
2000-
2006-
-2004
2007 7
-2004
20077
-2003
2007 7
-2003
-2007
-2011
-2003
-2007
-2011
-2003
-2002
-2011
-2002
-2005
-2010
-2000
-2005
-2010
-2001
-2005
-2010
-2005
-2010
9.2
9.2
9.2
9.2
9.2
9.2
9.2
1.3
1.3
1.3
1.3
10.5
8.0
1.0
7.5
8.0
0.80
9.5
6.6
0.80
7.5
6.6
0.80
9.5
5.5
0.80
7.5
5.5
0.60
7.5
5.0
0.40
4.7
5.0
0.40
7.5
5.0
0.40
4.7
5.0
0.40
6.6
5.0
0.30
4.0
5.0
0.30
—
11.4
0.54
6.6
3.5
0.20
4.0
3.5
0.20
—
11.4
0.54
6.4
3.5
0.20
4.0
3.5
0.20
—
11.4
0.54
6.4
3.5
0.20
4.0
3.5
0.20
—
11.4
0.54
6.4
3.5
0.20
• kW means kilowatts.
■ NOx means Oxides of Nitrogen.
■ HC means Hydrocarbons.
NMHC+NOx means Non-Methane Hydrocarbons plus Oxides of Nitrogen.
■ CO means Carbon Monoxide.
• PM means Particulate Matter.
■ Tier 2 standards for propulsion marine compression-ignition engines below 37 kW remain in effect beyond the 2007 end date.
• Manufacturers may optionally certify engine families to the interim Tier 4 standards in Table lb for this power category through 2012.
(B) Exhaust emissions from new off-road compression-ignition en-
gines, as sold in this state and as appropriate based on model year and
maximum engine power, shall not exceed the levels contained in Table
lb, with respect to steady-state testing, transient testing, and, after ap-
plication of the criteria in Table lc, not-to-exceed testing, as applicable.
Other compliance options are permissible as provided in the 2008 and
Later Test Procedures.
Page 294
Register 2005, No. 49; 12-9-2005
Title 13
Air Resources Board
§2423
Maximum
Engine Power Model Year
Type
Table lb. - Tier 4 Exhaust Emission Standards
(grams per kilowatt-hour)
PM NMHC+ NMHC
NOX
grams per kilowatt-hour
NOX
CO
kW<8' 2008 and later
8<kW19'
Final
0.402
7.5
8.0
6.6
19<kW<37'
2008-2012
2013 and later
Interim
Final
0.30
0.03
7.5
4.7
5.5
37<kW<563
2008-2012
2013 and later
Interim
Final
0.30
0.03
4.7
5.0
56<kW<75
201 2-20 144
2015 and later
Phase-In
Phase-Out
or/Alt NOX
Final
0.02
4.7
0.19
0.40
3.45
0.40
5.0
75<kW<130
201 2-20 144
2015 and later
Phase-In
Phase-Out
or/Alt NOX
Final
0.02
4.0
0.19
0.19
0.40
3.45
0.40
5.0
130<kW<560
2011-2013
2014 and later
Phase-In
Phase-Out
or/Alt NOX
Final
0.02
4.0
0.19
0.19
0.40
0.20
0.40
3.5
2011-2014
560 kW<
GEN6<900 kW
2015 and later
Interim
Final
0.10
0.03
0.40
0.19
3.5
0.67
3.5
GEN>900 kW
2011-2014
2015 and later
Interim
Final
0.10
0.03
0.40
0.19
0.67
3.5
ELSE7>
560 kW
2011-2014
2015 and later
Interim
Final
0.10
0.04
0.40
0.19
3.5
3.5
Notes:
1 Propulsion marine compression-ignition engines below 37 kW are not subject to Tier 4 standards or requirements. All previously adopted requirements remain applica-
ble for these engines.
2 The Tier 4 PM standard for hand-start, air cooled, direct injection engines below 8 kW is 0.60 g/kW-hr, but is not required until 2010.
3 Engine families in this power category may alternately meet Tier 3 PM standards from 2008-201 1 in exchange for introducing final PM standards in 2012.
4 Manufacturers have the option of complying with the Tier 4 standards over a two year period at 50% per year using banked Tier 2 credits or over a three year period
at 25% per year without the use of Tier 2 credits. The three year phase-in period is shown. The 2014 model year cannot extend beyond December 30, 2014, when the
3 year phase-in option is used.
5 Manufacturers may comply with the standards during the transitional implementation years using either a phase-in / phase-out approach or by using the Alternate
NOx approach. The three year 25% alternate NOx standard is shown in the table. The two year 50% phase-in NOx standard would be 2.3 g/kW-hr.
6 "GEN" refers to generator engines only.
7 "ELSE" refers to all mobile machinery excluding generator engines.
Page 295
Register 2005, No. 49; 12-9-2005
§2423
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
Pollutant
Table lc. - Criteria for Determining NTE Limits1
Apply NTE Multiplier of 1.25 when . . . Apply NTE Multiplier of 1.50 when . . .
NOx
NMHC
NMHC+NOx
PM
CO
NOx Standard or FEL > 2.5 g/kW-hr
NOx Standard or FEL > 2.5 g/kW-hr
NOx Standard or FEL > 2.7 g/kW-hr
PM Standard or FEL > 0.07 g/kW-hr
Always
NOx Standard2 or FEL<2.5g/kW-hr
NOx Standard2 or FEL<2.5g/kW-hr
NMHC+NOx Standard2 or FEL <2.7 g/kW-hr
PM2 Standard or FEL3<0.07g/kW-hr
Never
Notes:
1 Other provisions described in the 2008 and Later Test Procedures may affect
the calculation of NTE limits.
2 Engines must be certified to these standards without the use of ABT credits.
3 For engines certified to a PM FEL less than or equal to 0.01 g/kW-hr, the PM
NTE limit shall be 0.02 g/kW-hr.
(2) Manufacturers may elect to include engine families in one of two
averaging, banking, and trading (ABT) programs, corresponding to the
engine family's model year and emissions categorization. The provisions
Table 2a - Upper Limit for Tier 1, Tier 2, and Tier 3 Family Emission Limits (FEL)
(grams per kilowatt-hour)
Maximum Rated Tier Model Year NOx NMHC+NOx PM FEL
Power (kW)
of these separate ABT programs are specified in Part 89, Subpart C of the
2000 Plus Limited Test Procedures and Part 1039, Subpart H of the 2008
and Later Test Procedures.
(A) For engine families subject to the 2000 Plus Limited Test Proce-
dures, the manufacturer must set a family emission limit (FEL) not to ex-
ceed the levels contained in Table 2a. The FEL established by the
manufacturer serves as the emission standard for that engine family.
Table 2a follows:
k\V<8
Tierl
2000-2004
16.0
1.2
Tier 2
2005-2007
10.5
1.0
8<kW<19
Tierl
2000-2004
16.0
1.2
Tier 2
2005-2007
9.5
0.80
19<kW<37
Tierl
2000-2003
16.0
1.2
Tier 2
2004-2007
9.5
0.80
37<kW<56
Tierl
2000-2003
14.6
Tier 2
2004-2007
11.5
1.2
Tier 3 l
2008-2011
7.5
1.2
56<kW<75
Tierl
2000-2003
14.6
Tier 2
2004-2007
11.5
1.2
Tier 3
2008-201 1
7.5
1.2
75<kW<130
Tierl
2000-2002
14.6
Tier 2
2003-2006
11.5
1.2
Tier 3
2007-2011
6.6
1.2
130<kW<225
Tier!
2000-2002
14.6
Tier 2
2003-2005
10.5
0.54
Tier 3
2006-2010
6.6
0.54
225<kW<450
Tierl
2000
14.6
Tier 2
2001-2005
10.5
0.54
Tier 3
2006-2010
6.4
0.54
450<kW<560
Tierl
2000-2001
14.6
Tier 2
2002-2005
10.5
0.54
Tier 3
2006-2010
6.4
0.54
k\V>560
Tierl
2000-2005
14.6
Tier 2
2006-2010
10.5
0.54
1 Manufacturers may optionally certify engine families to the interim Tier 4 FEL
(B) For engine families subject to the 2008 and Later Test Procedures,
the manufacturer must set a family emission limit (FEL) not to exceed,
as applicable, the levels contained in Table 2b. Three distinct FEL types
(primary, interim, and alternate) are available conditionally. Primary
FEL types are applicable to all power categories indefinitely, whereas in-
terim and alternate FEL types are of variable duration and may be selec-
tively applied to total or partial engine family production volumes as de-
caps in Table 2b for this power category through 2012.
scribed in the 2008 and Later Test Procedures. The FEL established by
the manufacturer serves as the emission standard for that engine family,
and is used for determining NTE limits in conjunction with the criteria
in Table lc. Temporary compliance adjustment factors, as explained in
the 2008 and Later Test Procedures, shall be applied by the manufacturer
to compensate for the use of transitional alternate FELs (Type ALT 20%
in Table 2b) when calculating emission credits. Table 2b follows:
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§2423
Maximum
19<kW<37
Table 2b - Upper Limit for Tier 4 Family Emission Limits (FELs) and Alternate Allowances
Part 1
PM NOX
Interim
Primary
ALT 20% ]
ALT 5%2
2008-2012
2013 and later
2013-2016
2017 and later
0.60
0.05
0.30
NMHC+
NOX
Engine Power
PEL Type
Model Year
grams per kilowatt-hour
kW<8
Primary
2008 and later
0.80
—
10.5
8kW<19
Primary
2008 and later
0.80
—
9.5
9.5
7.5
7.5
37<kW<56
Interim
Primary
ALT 20%
ALT 5%
2008-201 23
2013 and later3
2013-201 63
2017 and later3
0.40
0.05
0.30
7.5
7.5
7.5
56<kW<75
Phase-in
Phase-out
Alternate NOx Std4
Primary
ALT 20% PM
ALT 20% NOX
ALT 5%
2012-2013
2012-2013
2012-2014
2014/20155 and later
2012-2015
2014-20156
2016 and later
0.04
0.04
0.04
0.40
0.40
0.80
3.07
4.4
0.80
4.4
4.4
7.5
Notes:
' This alternate FEL option is transitional for the four years specified and applies to at most 20% of a manufacturer's U.S. directed population of engine families per
year.
- This alternate FEL option is available indefinitely, but only applies to 5% of a manufacturer's U.S. directed population of engine families per year.
3 These dates correspond to the compliance option of meeting interim standards in 2008; else the primary and alternate FEL caps would begin and end one year earlier,
and 2008-201 1 engines would not be eligible for participation in the Tier 4 ABT program.
4 Two alternate NOx standards and corresponding FEL caps are available for this category with corresponding alternate phase-in options.
5 The effective date of the primary FEL cap follows the phase-in period of the selected NOx FEL cap.
6 If interim Tier 4 standards are not met in 2008, the alternate NOx FEL would only be available for 2015.
7 If neither the alternate phase-in option nor banked Tier 2 credits are used, either NOx standard and corresponding FEL may be applied for this category.
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BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
Table 2b - Upper Limit for Tier 4 Family Emission Limits (FELs) and Alternate Allowances
Part 2
Maximum
Engine Power
PM
FEL Type
Model Year
NMHC+
NOX NOX
grams per kilowatt-hour
75<kW<130
Phase-in
Phase-out
Alternate NOx Std4
Primary
ALT 20% PM
ALT 20% NOx
ALT 5%
2012-2013
2012-2013
2012-2014
2014/201 55 and later
2012-2015
20 1 4-201 56
2016 and later
0.04
0.30
0.30
080
3.07
3.8
0.80
3.8
3.8
6.6
!30<kW<560
Phase-in
Phase-out
Alternate NOx Std
Primary
ALT 20% PM
ALT 20% NOx
ALT 5%
2011-2013
2011-2013
2014 and later
2011-2014
2014
2015 and later
0.04
0.20
0.20
0.80
2.7
0.80
3.8
3.8
6.6/6.48
GEN>560kW
Interim
Primary
ALT 20%
ALT 5%
2011-2014
2015 and later
2015-2018
2019 and later
0.20
0.05
0.10
6.2
1.07
3.5
ELSE>560kW
Interim
Primary
ALT 20%
ALT 5%
2011-2014
2015 and later
2015-2018
2019 and later
0.20
0.07
0.10
6.2
Notes:
4 Two alternate NOx standards and corresponding FEL caps are available for this category with corresponding alternate phase-in options.
5 The effective date of the primary FEL cap follows the phase-in period of the selected NOx FEL cap.
6 If interim Tier 4 standards are not met in 2008, the alternate NOx FEL would only be available for 2015.
1 If neither the alternate phase-in option nor banked Tier 2 credits are used, either NOx standard and corresponding FEL may be applied for this category.
8 The phase-out NMHC+NOX FEL cap is 6.6 g/kW-hr for engines <225 kW, and 6.4g/kW-hr for engines > 225kW in this category.
(C) Split family provision. For generating or using credits in the 56 <
kW < 560 power categories during the phase-in of Tier 4 standards, en-
gine manufacturers may elect to split an engine family into two subfami-
lies (e.g., one which uses credits and one which generates credits for the
same pollutant). The engine manufacturer must indicate in the applica-
tion for certification that the engine family is to be split, and may calcu-
late emission credits relative to different emissions standards (i.e.,
phase-in and phase-out standards) for different sets of engines within the
engine family, but must certify the engine family to a single set of stan-
dards and FELs. The engine manufacturer shall calculate NMHC+NOx
emission credits by adding the NOx FEL to the NMHC phase-in standard
for comparison with the applicable NMHC+NOx phase-out standard.
Any engine family certified under the provisions of this paragraph (C)
must meet the applicable phase-in standard for NMHC. The engine
manufacturer shall be responsible for assigning the number and configu-
rations of engines within the respective subfamilies before the due date
of the final report required in Part 1039, Subpart H of the 2008 and Later
Test Procedures. The same label must be applied to each engine in the
family, and must include the NOx FEL to which the engine is certified.
(3)(A) The opacity of smoke emissions from new 1996 through 1999
model year heavy-duty off-road compression-ignition engines 175 to
750 horsepower, inclusive, or from all new 2000 and later model year
compression-ignition engines sold in this state, shall not exceed, based
on the applicable measurement techniques specified in Part 89, Subpart
B of the 2000 Plus Limited Test Procedures and Part 1039, Subpart B of
the 2008 and Later Test Procedures, the following:
1. 20 percent during the engine acceleration mode.
2. 15 percent during the engine lugging mode.
3. 50 percent during the peaks in either mode.
(B) The following engines are exempt from the requirements of this
paragraph (3):
1. Single-cylinder engines.
2. Propulsion marine compression-ignition engines.
3. Constant-speed engines.
4. Engines certified to a PM emission standard or FEL of 0.07 grams
per kilowatt-hour or lower
(4) Low-emitting Blue Sky Series engines requirements.
(A) Voluntary standards. Engines subject to the standards in (b)(1)(A)
may be designated "Blue Sky Series" engines by meeting the voluntary
standards contained in Table 3, which apply to all certification and in-use
testing. Blue Sky Series engines shall not be included in the Averaging,
Banking, and Trading program. Table 3 follows:
Table 3. - Voluntary Emission Standards
(grams per kilowatt-hour)
PM
0.48
0.48
0.36
0.24
0.18
0.12
0.12
(B) Additional standards. Blue Sky Series engines are subject to all
provisions that would otherwise apply under this part, except as specified
in (C) of this section.
(C) Test Procedures. NOx, NMHC, and PM emissions are measured
using the procedures set forth in 40 CFR part 86, subpart N (July 1, 1999),
which is incorporated by reference, in lieu of the procedures set forth in
subpart E of the 2000 Plus Limited Test Procedures. CO emissions may
be measured using procedures set forth in 40 CFR part 86, subpart N (July
1, 1999), or in subpart E of the 2000 Plus Limited Test Procedures.
Manufacturers may use an alternate procedure to demonstrate the desired
level of control if approved in advance by the Executive Officer. Engines
meeting the requirements to qualify as Blue Sky Series engines must be
Maximum Rated
NMHC+NO,
Power (kW)
kW<8
4.6
8<kW<19
4.5
19<kW<37
4.5
37<kW<75
4.7
75<kW<130
4.0
130<kW<560
4.0
kW>560
3.8
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Title 13
Air Resources Board
§2423
capable of maintaining a comparable level of emission control when
tested using the procedures set forth in both Section 89.112(c) and sub-
part E of the 2000 Plus Limited Test Procedures. The numerical emission
levels measured using the procedures from subpart E of the 2000 and Plus
Limited Procedures may be up to 20 percent higher than those measured
using procedures from 40 CFR part 86, subpart N (July 1 , 1 999), and still
be considered comparable.
(5)(A) No crankcase emissions shall be discharged into the ambient
atmosphere from any new J 996-1 999 model year heavy-duty off-road
compression-ignition engine or any Tier 2 or later off-road compres-
sion-ignition engine subject to the 2000 Plus Limited Test Procedures.
This provision does not apply to petroleum-fueled diesel cycle engines
using turbochargers, pumps, blowers, or superchargers for air induction.
(B) For off-road compression-ignition engines subject to the 2008
and Later Test Procedures, no crankcase emissions shall be discharged
directly into the ambient atmosphere from any engine, unless the sum of
those discharged emissions are added to the exhaust emissions (either
physically or mathematically) during all emission testing. To be eligible
for this option, a manufacturer must design its engines so that all crank-
case emissions can be routed into the applicable sampling systems speci-
fied in the 2008 and Later Test Procedures, and must account for deterio-
ration in crankcase emissions when determining exhaust deterioration
factors. Crankcase emissions that are routed to the exhaust upstream of
exhaust aftertreatment during all operation are not considered to be dis-
charged directly into the ambient atmosphere. Furthermore, engines us-
ing charge-air compression that are certified to a transitional alternate
FEL (Type ALT 20% in Table 2b) during the first four years of the Tier
4 standards for the applicable power category are exempt from this sub-
section, but must instead comply with the requirements in Section
2423(b)(5)(A).
(6) Engine manufacturers that voluntarily certify engines to the Tier
4 standards in Table lb earlier than required under this article may, ac-
cording to the provisions in the 2008 and Later Test Procedures, generate
additional ABT credits, or as an alternative, offset future Tier 4 com-
pliance requirements should the equipment manufacturer that was pro-
vided the engine decline to use its early introduction incentives according
to the provisions in Section 2423(d)(9). Table 4, as follows, summarizes
the incentives for the early introduction of Tier 4 engines and some of the
conditions that determine eligibility.
Table 4. - Early Introduction Incentives for Engine Manufacturers
Early Power Qualifying Standards1 Per-Engine
Introduction Category grams per kilowatt-hour Incentive
Table 5. - Small-Volume Engine Manufacturer Provisions
Maximum Temporary Relief Delay End Date
Engine Power
Replacement Standards
(Model Year)
Final Tier 4
PM-Only2
19<kW<56
56 < kW < 560
0.03 PM
0.02 PM
3 for 2
PM-Only
19 < kW < 56 0.03 PM / 4.7 NMHC+NOx
Final Tier 4 56 < kW < 560 0.02 PM / 0.40 NOx / 0. 19 NMHC
All GEN > 560 0.03 PM/ 0.67 NOx/ 0.19 NMHC 3 for 2
ELSE > 560 0.04 PM / 3.5 NOx / 0.19 NMHC
Ultra Low NOx kW>19 Final Tier 4 PM & NMHC/ 0.20 NOx 2 for 1
Notes:
1 All engines must meet the Tier 4 crankcase emissions requirements. Engines
must certify using all test and other requirements otherwise required for final Tier
4 standards such as for transient and not-to-exceed limits.
2 Offsets must be earned prior to the start of phase-in requirements (prior to
2013 for 19 <kW< 56 engines, prior to 201 2 for 56 <kW< 130 engines, prior to
201 1 for 1 30 < kW < 560 engines, prior to 2015 for > 560 kW engines)
(7) Provisions for small-volume manufacturers. Small-volume en-
gine manufacturers are entitled to special compliance provisions under
this paragraph, but must notify the Executive Officer in writing before
January 1, 2008, of the intent to use the provisions.
(A) Small-volume engine manufacturers may delay complying with
certain otherwise applicable Tier 4 emission standards and requirements
as described in the following table:
kW<19 Tier 2 2011
1 9 < kW < 37 Interim Tier 4 20 1 6
37 < kW < 56 See paragraph (7)(B) of this section for special provisions
that apply for engines in this power ranee.
56<kW<130 Tier 3 " 2015
(B) The provisions of this paragraph (7) for engines 37 < kW < 56 are
applicable per one of the following options:
1 . Manufacturers that comply with the 0.30 g/kW-hr PM standard in
all model years from 2008 through 2012 without using PM credits may
continue meeting that standard through 2015.
2. Manufacturers that choose not to comply with paragraph (7)(B)J.
of this section may continue to comply with the standards and require-
ments in the 2000 Plus Limited Test Procedures for model years through
2012, but must begin complying in 2013 with the Tier 4 standards and
requirements specified in Table lb for model years 2013 and later.
(C) After the period of relief indicated in paragraphs (7)(A) and (B) of
this section has expired, small-volume engine manufacturers must com-
ply with the same Tier 4 standards and requirements as all other manufac-
turers.
(D) For engines not in the 19 < kW < 56 power range, small volume
engine manufacturers must meet the following conditions for the model
years in which compliance with the otherwise applicable standards under
this paragraph (7) is delayed:
1. Produce engines that meet all the emission standards and other re-
quirements under the 2000 Plus Limited Test Procedures applicable for
that model year, except as noted in this paragraph (7).
2. Meet the labeling requirements in the 2000 Plus Limited Test Proce-
dures, but must use the following in place of the otherwise required state-
ment of compliance in Section 2424(c)(2): "THIS ENGINE COMPLIES
WITH CALIFORNIA REGULATIONS FOR [CURRENT MODEL
YEAR] OFF-ROAD COMPRESSION-IGNITION ENGINES UN-
DER 13 CCR 2423(b)(7)." The referencing of similar federal require-
ments under this provision is permitted.
3. Small-volume engine manufacturers must notify the equipment
manufacturer that the engines produced under this section are excluded
from the production volumes associated with the equipment manufactur-
er flexibility program in Section 2423(d).
(E) For engines in the 1 9 <kW < 56 power range, small-volume engine
manufacturers must meet the following conditions for the model years in
which compliance with the otherwise applicable standards under this
paragraph (7) is delayed:
1. Produce engines in those model years that meet all the emission
standards and other requirements that applied for model year 2008 en-
gines in the same power category.
2. Meet the labeling requirements in Section 2424(c)(3), but use the
following compliance statement instead of the compliance statement in
Section 2423(c)(3): "THIS ENGINE COMPLIES WITH CALIFORNIA
REGULATIONS FOR [CURRENT MODEL YEAR] OFF-ROAD
COMPRESSION-IGNITION ENGINES UNDER 13 CCR 2423(b)(7)."
The referencing of similar federal requirements under this provision is
permitted.
3. Notify the equipment manufacturer that engines produced under
this section are excluded from the production volumes associated with
the equipment-manufacturer allowance program in Section 2423(d).
(F) The provisions of this paragraph (7) may not be used to circumvent
the requirements of this article.
(8) Useful life. For purposes of certification, a manufacturer must
demonstrate compliance with the standards set forth in this paragraph (b)
over the full useful life of the engine, as defined in the applicable test pro-
cedures.
(9) NTE deficiencies. A manufacturer may petition the Executive Of-
ficer to accept an off-road compression-ignition engine as compliant
Page 298.1
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§2423
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
with the NTE requirements specified in the 2008 and Later Test Proce-
dures even though specific elements of those requirements may not be
fully met. Such grants of compliance, otherwise known as deficiencies,
shall be limited to engines that have functioning emission-control hard-
ware capable of allowing the engine to comply with the NTE limits. Defi-
ciencies shall be granted by the Executive Officer according to the fol-
lowing stipulations:
(A) A manufacturer must apply for specific deficiencies at the time of,
or prior to, submitting its application for certification. Deficiencies shall
be assigned for an engine model within an engine family. The Executive
Officer shall not approve deficiencies that are requested retroactively to
cover engines already certified. The scope of each deficiency must be
clearly identified in the certification application, and any auxiliary emis-
sion control device(s) used to control emissions to the lowest practical
level must be identified with respect to each deficiency that is being re-
quested.
(B) Deficiencies shall only be approved if compliance would be infea-
sible or unreasonable considering factors such as the technical feasibility
of the given hardware, the availability of lead time, production cycles in-
cluding the phase-in or phase-out of engines or vehicle designs, and
planned computers upgrades. Other relevant factors may be considered.
(C) Deficiencies shall expire after a single model year and may be lim-
ited to specific engine configurations. The Executive Officer may ap-
prove a manufacturer's request for the same deficiency in the following
model year if correcting the deficiency would require extreme hardware
or software modifications and the manufacturer has demonstrated an ac-
ceptable level of effort toward complying.
(D) The number of deficiencies available to a manufacturer shall not
be limited during the first three model years in which NTE limits apply
to the manufacturer's engines. For the next four model years, up to three
deficiencies per engine family shall be available to a manufacturer. Defi-
ciencies of the same type that apply similarly to different power ratings
within a family shall count as one deficiency per family. The Executive
Officer may conditionally approve additional deficiencies during these
four years, but may impose stipulations on their applicability as appropri-
ate. Deficiencies shall not be approved beyond the seven-year period
specified in this paragraph (8).
(10) Adjustable parameters. Manufacturers that design engines with
adjustable parameters must meet all the requirements of this paragraph
(b) for any adjustment in the physically adjustable range. An operating
parameter is not considered adjustable if it is permanently sealed or if it
is not normally accessible using ordinary tools. The Executive Officer
may require that the adjustable parameters be set to any specification
within the adjustable range during any testing, including certification
testing, selective enforcement auditing, or in-use testing.
(11) Prohibited controls. A manufacturer shall not design engines with
emission control devices, systems, or elements of design that cause or
contribute to an unreasonable risk to public health, welfare, or safety
while operating.
(12) Defeat devices. Engines equipped with a defeat device shall not
be certified for sale in California. A defeat device is a component or sys-
tem that reduces the effectiveness of emission controls under conditions
that the engine may reasonably be expected to encounter during normal
operation and use. This prohibition does not apply to auxiliary-emission
control devices identified in the certification application if one of more
of the following is true:
(A) The operating conditions where the auxiliary-emission control
device is active were substantially encountered during all testing require-
ments as described in Part 1039, Subpart F of the 2008 and Later Test Pro-
cedures.
(B) The design of the auxiliary-emission control device is shown to
be necessary for preventing engine (or equipment) damage or accidents.
(C) The auxiliary-emission control device only reduces the effective-
ness of emissions control during engine starting.
(c)(1) The test procedures for determining certification and com-
pliance with the standards for gaseous exhaust emissions from new
1996-1999 heavy-duty off-road compression-ignition engines sold in
the state are set forth in the 1996- J 999 Heavy-Duty Test Procedures.
(2)(A) The test procedures for determining certification and com-
pliance with the standards for gaseous exhaust emissions and the stan-
dards for opacity of smoke emissions from new 2000 model year and lat-
er off-road compression-ignition engines for which the standards in
paragraph (b)(1)(A) are applicable, and sold in the state, are set forth in
the 2000 Plus Limited Test Procedures.
(B) The test procedures for determining certification and compliance
with the standards for gaseous exhaust emissions, particulate exhaust
emissions, opacity of smoke emissions, and not-to-exceed emissions
from new 2008 model year and later off-road compression-ignition en-
gines for which the limits in paragraph (b)(1)(B) are applicable, and sold
in the state, are set forth in the 2008 and Later Test Procedures.
(3) The test procedures for determining certification and compliance
with the standards for particulate exhaust emissions from new 1996 and
later off-road compression-ignition engines for which the standards in
paragraph (b)(1)(A) are applicable, and sold in the state, are set forth in
the PM and Test Cycle Limited Test Procedures.
(4) The test procedures for determining certification and compliance
with the standards for the opacity of smoke emissions from new
1996-1999 off-road compression-ignition engines sold in the state are
set forth in the 1996-1999 Smoke Test Procedures.
(d) Implementation flexibility for equipment and vehicle manufactur-
ers and post-manufacture marinizers. For a limited time, off-road equip-
ment and vehicle manufacturers and post-manufacture marinizers may
produce equipment with engines that are subject to less stringent emis-
sion standards than required by Tables la and lb for new 2000 model
year and later off-road equipment and vehicles and marine compres-
sion-ignition engines, subject to the requirements of paragraph (e) of this
section. Separate provisions are provided for equipment with engines
subject to the 2000 Plus Limited Test Procedures versus equipment with
engines subject to the 2008 and Later Test Procedures, and are identified
accordingly in the following subsections. Only manufacturers that have
primary responsibility for designing and manufacturing equipment, and
have manufacturing procedures for installing engines in equipment, are
eligible to participate in the equipment manufacturer flexibility program
provided by the 2008 and Later Test Procedures. Equipment manufactur-
ers participating in this flexibility program must comply with the notifi-
cation and reporting requirements specified in Section 2423(d)(7). En-
gines produced for this flexibility program using FELs greater than the
applicable standards must be offset with sufficient ABT credits. The fol-
lowing allowances apply separately to each engine power category sub-
ject to standards under Section 2423(b)(1):
(1) Percent-of-production allowances.
(A) Equipment rated at or above 37kW and subject to the 2000 Plus
Limited Test Procedures. A manufacturer may produce equipment and
vehicles with engines rated at, or above, 37kW that are exempted from
meeting current model year emission standards for a portion of its
California-directed production volume. These percent-of-production
flexibility allowances must be used within the seven years immediately
following the date on which Tier 2 engine standards first apply to engines
used in such equipment and vehicles, provided that the seven-year sum
of the U.S.-directed portion of the manufacturer's percent-of-produc-
tion flexibility allowances does not exceed 80 percent, expressed in cu-
mulative yearly percentage increments, and provided that all such equip-
ment and vehicles contain only engines that have been certified to the
Tier 1 or Tier 2 standards;
(B) Equipment rated under 37kW and subject to the 2000 Plus Limited
Test Procedures. A manufacturer or post-manufacture marinizer may
produce equipment and vehicles and marine engines with engines rated
under 37kW that are exempt from meeting current model year emission
standards for a portion of its California-directed production volume.
These percent-of-production flexibility allowances must be used within
the seven years immediately following the date on which Tier 1 engine
standards first apply to engines used in such equipment and vehicles and
Page 298.2
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Title 13
Air Resources Board
§2423
marine engines, provided that the seven-year sum of the U.S.-directed
portions of the manufacturer's percent-of-production flexibility allow-
ances, does not exceed 80 percent, expressed in cumulative yearly per-
centage increments;
(C) Equipment subject to the 2008 and Later Test procedures. A
manufacturer may produce equipment and vehicles with engines that are
exempt from meeting current model year emission standards for a por-
tion of its California-directed production volume. These percent-of-
production flexibility allowances must be used within one of the seven-
year flexibility usage periods specified in Table 6 for each applicable
power category, provided that the seven-year sum of the U.S.-directed
portion of the manufacturer's percent-of-production flexibility allow-
ances does not exceed 80 percent, expressed in cumulative yearly per-
centage increments, except as provided for in paragraph (d)(6) or (f).
Equipment used as percent-of-production flexibility allowances must
contain only engines that have been certified to, at least, the standards
listed in Table 6, corresponding to the flexibility usage period selected
by the manufacturer. All flexibility allowances for a power category must
be used within the same flexibility usage period.
Table 6. — Tier 4 Flexibility Allowance Options
Power Category 7 Year Usage Period Flexibility Standard
< 19 kW
19<kW<56
56<kW<130
130<KW<560
> 560 kW
2008-2014
2008-2014'
2012-2018
2012-2018
2014-2020
2011-2017
2014-2020
2011-2017
2015-2021
Tier 2
Tier 32
2008 Interim Tier 4
Tier 3
2012 Interim Tier 4
Tier 3
2011 Interim Tier 4
Tier 2
201 1 Interim Tier 4
Notes:
1 This usage period is not available for allowances greater than or equal to 37 kW
unless interim Tier 4 standards have been met starting in 2008.
2 Flexibility allowances under 37kW may contain engines certified to the Tier 2
standards.
(2)(A) Small volume allowances subject to the 2000 Plus Limited Test
Procedures. An off-road equipment or vehicle manufacturer or post-
manufacture marinizer may exceed the production percentages in para-
graphs (d)(1)(A) and (B) of this section for a portion of its California-di-
rected production, provided that in each regulated power category the
manufacturer's total number of U.S.-directed off-road equipment and
vehicles and marine diesel applications that contain engines which are
exempt from meeting current model year emission standards over the
years in which the percent-of-production allowance applies:
1. does not exceed 100 units times the number of years in which the
percent-of-production allowance applies, and
2. does not exceed 200 units in any year, and
3. does not use engines from more than one engine family.
(B) Small volume allowances subject to the 2008 and Later Test Pro-
cedures. As an alternative to the percent-of-production allowance in
Section 2423(d)(1)(C), an off-road equipment or vehicle manufacturer
may produce equipment with engines that are exempt from meeting cur-
rent model year emission standards for a portion of its California-di-
rected production volume, provided that the exempt equipment is a sub-
set of the manufacturer's U.S.-directed volume of exempt equipment
and the manufacturer is in compliance with the following provisions:
1. Single engine family provision. A manufacturer may claim up to
700 U.S.-directed flexibility allowances within a power category during
one of the seven-year flexibility usage periods specified in Table 6, but
no more than 200 allowances in a single year within a power category,
except as provided for in paragraph(d)(6) or (f)- Engines within a power
category that are used in these flexibility allowances must be from a
single engine family within a given year.
2. a. Multiple engine family provision for flexibility allowances below
130 kW. A manufacturer may claim up to 525 U.S.-directed flexibility
allowances within a power category during one of the seven-year flexi-
bility usage periods specified in Table 6, but no more than 150 allow-
ances in a single year within a power category, except as provided for in
paragraph (d)(6) or (f). Engines within a power category that are used in
these flexibility allowances may be from multiple engine families within
a given year.
b. Multiple engine family provision for flexibility allowances at or
above 130 kW. A manufacturer may produce up to 350 U.S.-directed
flexibility allowances within a power category during one of the seven-
year flexibility usage periods specified in Table 6, but no more than 100
allowances in a single year within a power category, except as provided
for in paragraph (d)(6) of (f). Engines within a power category that are
used in these flexibility allowances may be from multiple engine families
within a given year.
(3)(A) Inclusion of previous-tier engines. Off-road equipment and
vehicles and marine diesel engines built with previous tier or noncertified
engines under the existing inventory provisions of the 2000 Plus Limited
Test Procedures (40 CFR Section 89.1003(b)(4)) need not be included in
determining compliance with paragraphs (d)(1)(A) and (B) and
(d)(2)(A) of this section.
(B) Inclusion of engines not subject to Tier 4 requirements. Off-road
equipment and vehicles built with engines otherwise exempt from the re-
quirements of the 2008 and Later Test Procedures are not required to be
counted toward the percentage, or number, of claimed flexibility allow-
ances under the provisions in Subsections (d)(1)(C) and (d)(2)(B). Such
exempted engines include unused inventories produced prior to the ef-
fective date of the Tier 4 standards, excluding stockpiled engines, and
hand-startable, air cooled, direct-injection engines below 8 kW in 2008
and 2009 that do not meet the Tier 4 PM standard. Nonetheless, manufac-
turers may choose to include these engines in the count of total equipment
produced from which the percentage of flexibility allowances in Subsec-
tion (d)(1)(C) is derived.
(4) Early-use of flexibility allowances. Manufacturers may start using
a portion of the flexibility allowances in Subsections (d)(1)(C) and
(d)(2)(B) for equipment and vehicles containing engines not yet subject
to the Tier 4 standards, provided that the seven-year period for using
flexibility allowances under the 2000 Plus Limited Test Procedures flexi-
bility program has expired. All equipment and vehicles claimed as flexi-
bility allowances under this early-use provision must contain engines
that have been certified to, at least, the Tier 1 standards. Manufacturers
must count these Tier 2 or Tier 3 equipment and vehicles toward the total
percentage, or number, of flexibility allowances permitted under the pro-
visions of Sections (d)(1)(C) and (d)(2)(B). The maximum cumulative
early-use allowance is 10 percent under the percent-of-production pro-
vision in Section (d)(1)(C), or 100 units under the small volume provi-
sion in Section (d)(2)(B). Table 7 shows the applicable years for using
early-use flexibility allowances. Table 7 follows:
Table 7. — Years for Early-Use Flexibility Allowances
Maximum Engine Power Calendar Years
kW<19
19 < kW < 37
37 < kW < 56
56 < kW < 75
75<kW<130
130<kW<225
225 < kW < 450
450 < kW < 560
> 560 kW
2007
2006-201 1
2011
2011
2010-2011
2010
2008-2010
2009-2010
(5) Labeling requirements. Allowances claimed under the Tier 2/3 or
Tier 4 equipment flexibility programs must be labeled, as appropriate,
per the following:
(A) Engine labeling. Except for engines used in flexibility allowances
prior to January 1 , 2007, engine manufacturers shall meet the labeling re-
quirements provided in Section 2424 with the following substitutions:
For flexibility engines meeting previous year emission requirements,
the engine manufacturer shall substitute the following for the statement
of compliance required in Sections 2424(c)(l)(E)6 and 2424(c)(2):
Page 298.2(a)
Register 2005, No. 49; 12-9-2005
§2423
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
"THIS ENGINE COMPLIES WITH CALIFORNIA EMISSION RE-
QUIREMENTS UNDER 13 CCR 2423(d). SELLING OR INSTAL-
LING THIS ENGINE FOR ANY PURPOSE OTHER THAN FOR
THE EQUIPMENT FLEXIBILITY PROVISIONS CITED MAY BE
A VIOLATION OF STATE LAW SUBJECT TO CIVIL PEN-
ALTY." [Insert Engine Family Name]
For flexibility engines less than 37 kW and not subject to emission re-
quirements under the Tier 2/3 program, the engine manufacturer shall
substitute the following for the statement of compliance required in Sec-
tion 2424(c)(l)(E)6:
"THIS ENGINE QUALIFIES FOR USE IN EQUIPMENT RATED
BELOW 37 KW BY PROVISION OF 13 CCR 2423(d). SELLING
OR INSTALLING THIS ENGINE FOR ANY PURPOSE OTHER
THAN FOR THE EQUIPMENT FLEXIBILITY PROVISIONS
CITED MAY BE A VIOLATION OF CALIFORNIA LAW SUB-
JECT TO CIVIL PENALTY."
As an alternative for flexibility engines produced under the Tier 2/3
program, and for which the engine manufacturer offers proof to the
Executive Officer that the otherwise required statements of compliance
in this subsection would be unduly burdensome or costly to implement,
engine manufacturers may instead use the following:
"THIS ENGINE CONFORMS TO CALIFORNIA OFF-ROAD
COMPRESSION-IGNITION ENGINE REGULATIONS UNDER
13 CCR 2423(d)." [Insert Engine Family Name if Certified]
These revised statements of compliance do not preclude the referenc-
ing of similar federal requirements that would be satisfied simultaneous-
ly by meeting the provisions of Section 2423(d). Furthermore, the Execu-
tive Officer may, upon request, approve alternate labeling specifications
that are equivalent to the specifications in this subsection.
(B) Equipment Labeling. For all allowances claimed under the Tier 4
flexibility program, equipment manufacturers shall affix a permanent la-
bel to the engine, or to a readily visible section of the equipment that can-
not be easily removed. The label shall be in the English language, shall
supplement the manufacturer's emission control information label, and
shall include the following information:
1. The label heading "EMISSION CONTROL INFORMATION".
2. The equipment manufacturer's corporate name and trademark.
3. The calendar year in which the equipment is manufactured.
4. The name, e-mail address, and phone number of a person to contact
for further information.
5. The following statement:
"THIS EQUIPMENT [or identify the type of equipment] HAS AN
ENGINE THAT MEETS CALIFORNIA EMISSION STANDARDS
UNDER 13 CCR 2423(d)."
This label content does not preclude the referencing of similar federal
requirements that would be satisfied simultaneously by meeting the pro-
visions of Section 2423(d).
(6) Technical hardship allowances. Equipment manufacturers may ap-
ply for additional flexibility allowances should extreme and unusual cir-
cumstances occur leading to technical obstacles in complying with the
Tier 4 requirements. A manufacturer may request additional allowances
for power categories 1 9 < kW < 560 if it claims allowances under the pro-
visions of Section 2423(d)(1)(C), but may only request additional allow-
ances for power categories 19 < kW < 56 if it claims allowances under
the provisions of Section 2423(d)(2)(B). Additional flexibility allow-
ances shall not be provided when the engine and equipment are produced
by the same manufacturer, or affiliate. The Executive Officer shall re-
view requests for additional flexibility allowances according to the fol-
lowing stipulations:
(A) The manufacturer requesting additional allowances must demon-
strate that the circumstances necessitating them were outside the control
of the manufacturer and could not have been avoided with reasonable
discretion. The manufacturer must also demonstrate that it has exercised
prudent planning and has taken reasonable steps to minimize the scope
of the request.
(B) Manufacturers applying for additional flexibility allowances must
do so in writing to the Chief of the Mobile Source Operations Division,
or designee, prior to the earliest date in which the applying manufacturer
would be in violation of Section 2423(b)(1). All applications shall pro-
vide, at a minimum, the following information:
1 . A description of the manufacturer's equipment design process.
2. A description of the relationship with the engine supplier regarding
product design.
3. An explanation of the technical hardship leading to this request, why
it cannot be addressed without additional flexibility allowances, and an
explanation of the circumstances behind the technical hardship and why
it was unavoidable.
4. A description of the information and products provided by the en-
gine supplier related to equipment design, including specifications, per-
formance data, prototypes, and the dates of delivery.
5. A comparison of the design processes of the equipment model(s) for
which additional allowances are needed versus those of other models that
do not need additional allowances, and an explanation of how the techni-
cal differences between the models justify the request for additional al-
lowances.
6. A description of all efforts to find and use other compliant engines,
or otherwise an explanation why none are available.
7. A description of the steps taken to minimize the scope of the
manufacturer's request, and any other relevant information.
8. An estimation of the number of additional allowances needed for
each equipment model covered by the request, subject to Sections
2423(d)(6)(C) and (d)(6)(D) below.
Notwithstanding, the Executive Officer may require additional in-
formation as deemed necessary before making a determination for relief.
(C) The following limits shall apply for additional flexibility allow-
ances granted in connection to the percent-of-production provisions in
Section 2423(d)(1)(C):
1. A manufacturer's California-directed share of additional flexibility
allowances for each power category shall be a subset of its U.S.-directed
allowances for the same power category, provided that the additional
U.S.-directed allowances do not exceed 70 percent of the U.S.-directed
volume of production for the power category for one year.
2. All primary percent-of-production allowances must be completely
used up prior to the use of any additional flexibility allowances.
3. All additional allowances shall expire 24 months after the start of
the applicable flexibility usage period for each power category, as speci-
fied in Table 6. These allowances shall only be used for the specific
equipment models covered in the manufacturer's written application for
relief.
(D) The following limits shall apply for additional flexibility allow-
ances granted in connection to the small volume provisions in Section
2423(d)(2)(B):
1 . Only small equipment manufacturers, as defined below, that have
not been granted additional flexibility allowances for the 19 < kW < 56
power category under Section 2423(d)(6)(C), are eligible to request addi-
tional flexibility allowance under this provision.
"Small equipment manufacturer," for the purpose of this provision,
means a federally defined small-business equipment manufacturer that
had an annual U.S.-directed production volume of equipment using off-
road diesel engines 1 9 < kW < 56 of no more than 3,000 units in 2002 and
all earlier calendar years, and has 750 or fewer employees (500 or fewer
employees for nonroad equipment manufacturers that produce no
construction equipment or industrial trucks). For manufacturers owned
by a parent company, the production limit applies to the production of the
parent company and all its subsidiaries and the employee limit applies to
the total number of employees of the parent company and all its subsid-
iaries.
2. All primary small volume allowances for the 19 < kW < 56 power
category must be completely used up for a given year prior to the use of
additional flexibility allowances.
Page 298.2(b)
Register 2005, No. 49; 12-9-2005
Title 13
Air Resources Board
§2423
3. Additional allowances shall only be used for equipment with en-
gines rated 19 < kW < 37.
4. A manufacturer's California-directed share of additional flexibility
allowances under this provision shall be a subset of its U.S. -directed al-
lowances, which shall not exceed 1,100.
5. All additional allowances shall expire 36 months after the start of
the applicable flexibility usage period for each power category, as speci-
fied in Table 6. The allowances shall only be used for the specific equip-
ment models covered in the manufacturer's written application for relief.
The additional allowances are not subject to small volume annual limits.
(7) Notification and reporting requirements for using Tier 4 flexibility
allowances. As a prerequisite to using any Tier 4 flexibility allowances,
the equipment manufacturer shall notify the ARB of its intent to use such
allowances. The manufacturer shall also send an annual report after each
year that flexibility allowances have been used to verify that the allow-
ances claimed do not exceed the number of allowances permitted.
(A) Before January 1 of the first year that flexibility provisions will be
used, a written notice informing ARB of the manufacturer's intent to use
flexibility allowances must be sent to the Chief of the Mobile Source Op-
erations Division, or designee, containing the following information:
1 . The equipment manufacturer' s name and address, and the name and
address of the parent company, if applicable.
2. The name and telephone number of a person to contact for more in-
formation.
3. The calendar years for which the Tier 4 flexibility provisions shall
apply.
4. The engine manufacturer's name and address that produces the en-
gines which will be used in the equipment claimed as flexibility allow-
ances.
5. An accurate estimate of the number of flexibility allowances in each
power category that will be produced under the percent-of-production
provisions in Section 2423(d)(1)(C), or the small volume provisions in
Section 2423(d)(2)(B).
6. A tabulation of U.S.-directed flexibility allowances in each power
category that have been sold in previous calendar years under the provi-
sions of Section 2423(d) and 40 CFR 89.102(d).
(B) For each year that Tier 4 flexibility allowances are used, the equip-
ment manufacturer shall submit, by March 3 1 of the following year, a
written report to the Chief of the Mobile Source Operations Division, or
designee, documenting the utilization of those allowances. This report
shall include the total number of equipment sold by the manufacturer dur-
ing the preceding year for each power category, based on actual U.S.-di-
rected production information, and shall identify the flexibility allow-
ances in each power category by reporting the percentages of
U.S.-directed flexibility production corresponding to the number of
equipment in each power category. The report shall also identify the cu-
mulative yearly totals and percentages for all flexibility allowances sold
for each power category. Alternatively, the percentage figures may be
omitted from the report if the report states that percent-of-production al-
lowances were not used. If available, end of year percentage figures for
California-directed sales shall also be included in this report.
(8) Import restrictions on the use of Tier 4 flexibility allowances. For-
eign equipment manufacturers may only import equipment with ex-
empted flexibility engines into California according to the stipulations in
Section 1039.626 of the 2008 and Later Test Procedures. These stipula-
tions address the potential for abuse whereby individual importers could
collectively import more flexibility allowances than permitted based on
the foreign equipment manufacturer's total production for the United
States market. The stipulations include acceptance by the foreign equip-
ment manufacturer of random audits by the ARB or its representatives,
and the posting of a monetary bond for each imported engine to cover the
cost of any potential enforcement actions. Foreign equipment manufac-
turers who comply with the stipulations will be eligible to receive the
same flexibility allowances as domestic manufacturers.
(9) Early introduction incentives for equipment manufacturers. In
addition to the equipment flexibility allowances provided in Subsections
(d)(1)(C) and (d)(2)(B), equipment manufacturers, as provided in the
2008 and Later Test Procedures, may earn additional allowances for the
early introduction of equipment with engines meeting the Tier 4 stan-
dards in Table lb. Equipment manufacturers installing engines at or
above 19 kW that comply with the final Tier 4 PM and NOx standards
could earn one flexibility allowance for each early Tier 4 compliant en-
gine used in its equipment. Equipment manufacturers installing engines
56 < kW < 560 that comply with the final Tier 4 PM standard and the al-
ternative NOx standard could earn one-half of a flexibility allowance for
each early Tier 4 engine used in its equipment. Table 8, below, summa-
rizes the incentives for the early introduction of Tier 4 compliant equip-
ment and some of the conditions that determine eligibility. Should an
equipment manufacturer decline flexibility allowances earned with this
provision, the allowances would then be available to the engine manufac-
turer that had supplied the early introduction engine, subject to the provi-
sions in Section 2423(b)(6).
Table 8. - Early Introduction Incentives for Equipment
Manufacturers
Power
Categoiy
Qualifying Standards
(g.kW-hr)
Installation Flexibility
Deadline Allowance
19<kW<56 0.03 PM/ 4.7 NMHC+NOx December 31, 1 for 1
20121
0.02 PM / 0.40 NOx / 0. 1 9 NMHC December 31, 1 for 1
56<kW<130 2011
0.02 PM / 3.4 NOx / 0. 1 9 NMHC2 1 for 2
0.02 PM / 0.40 NOx / 0.19 NMHC December 31 , 1 for 1
130<kW<560 2010
0.02 PM / 2.0 NOx / 0. 1 9 NMHC2 1 for 2
GEN > 560 0.03 PM / 0.67 NOx / 0. 1 9 NMHC
December 31, 1 for 1
ELSE > 560 0.04 PM/ 3.5 NOx/ 0.19 NMHC 2014
Notes:
1 The installation date for 37 < kW < 56 engines purchased from manufacturers
choosing to opt out of the 2008 model year Tier 4 standards and instead comply
with the Tier 4 standards beginning in 2012 would be December 31, 201 1 .
2 To be eligible, engines must meet the 0.02 g/kW-hr PM standard and the alter-
nate NOx standards.
(e) Recordkeeping and calculation to verify compliance. The follow-
ing shall apply to off-road equipment or vehicle manufacturers and post-
manufacture marinizers who produce flexibility equipment or vehicles
or marine diesel engines under both the Tier 2/3 and Tier 4 flexibility pro-
visions of paragraph (d) of this section, except as otherwise noted:
( 1 ) For each power category in which excepted off-road equipment or
vehicles or marine diesel engines are produced, a calculation to verify
compliance with the requirements of paragraph (d) of this section shall
be made by the off-road equipment or vehicle manufacturer or post-
manufacture marinizer. This calculation shall be made for flexibility al-
lowances under the Tier 2/3 program no later than December 31 of the
year following the last year in which allowances are used, and as indi-
cated in Subsection (d)(7)(B) for flexibility allowances under the Tier 4
program. The calculation shall be based on actual national production in-
formation from the subject years. If both the percent-of-production and
small volume allowances have been exceeded, then the manufacturer is
in violation of Section 2420(a)(3), except as provided under Subsection
(d)(6) and paragraph (f) of this section.
(2) An off-road equipment or vehicle manufacturer or post-manufac-
ture marinizer shall keep records of all off-road equipment and vehicles
and marine diesel engines sold in California under the provisions of para-
graph (d) of this section, for each power category in which flexibility al-
lowances are claimed. These records shall include equipment and engine
model numbers, serial numbers, and dates of manufacture, engine rated
power for Tier 2/3 flexibility engines, and maximum engine power for
Tier 4 flexibility engines. In addition, the manufacturer shall keep re-
cords sufficient to demonstrate the verifications of compliance required
in paragraph (e)(1) of this section and the notifications and reports speci-
fied in Section 2423(d)(7), as applicable. All records shall be kept until
at least two full years for flexibility allowances under the Tier 2/3 pro-
gram and five full years for flexibility allowances under the Tier 4 pro-
Page 298.2(c)
Register 2005, No. 49; 12-9-2005
§2423
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
gram after the final year in which allowances are available for each power
category, and shall be made available to the Executive Officer upon re-
quest.
(0 Economic hardship relief. Off-road equipment and vehicle
manufacturers and post-manufacture marinizers may request relief from
the Executive Officer, or designee, subject to the following require-
ments:
(1) The application for relief must be submitted for approval to the
Chief of the Mobile Source Operations Division, or designee, in writing
prior to the earliest date in which the applying manufacturer would be in
violation of Section 2423(b)(1). The off-road equipment or vehicle
manufacturer applying for hardship relief must submit evidence for ap-
proval, showing that the following requirements have been met:
(A) The off-road equipment or vehicle manufacturer applying for
hardship relief must not be the manufacturer of the engines used in the
equipment for which relief is sought. This requirement does not apply to
post-manufacture marinizers.
(B) The conditions causing the impending violation must not be sub-
stantially the fault of the applying manufacturer.
(C) The conditions causing the impending violation must be such that
the off-road equipment or vehicle manufacturer applying for hardship
relief will experience serious economic hardship if relief is not granted.
(D) The off-road equipment or vehicle manufacturer applying for
hardship relief must demonstrate that no allowances under paragraph (d)
of this section will be available to avoid the impending violation.
(2) Any relief granted must begin within one year after the imple-
mentation date of the standard applying to the engines being used in the
equipment, or to the marine diesel engines, for which relief is requested,
and may not exceed 12 months (24 months for small volume manufactur-
ers) in duration.
(3) The Executive Officer may impose other conditions on the grant-
ing of relief, including provisions to recover the lost environmental bene-
fit. The labeling requirements in the 2008 and Later Test Procedures ap-
ply.
(g) Alternative Flexibility for Post-Manufacture Marinizers. Post-
manufacture marinizers may elect to delay the effective date of the Tier
1 standards for marine propulsion diesel engines rated under 37kW by
one year, instead of using the provisions of paragraphs (d) and (f) of this
section. Post-manufacture marinizers wishing to take advantage of this
provision must inform the Executive Officer of their intent to do so in
writing before the date that the standards would otherwise take effect.
(h) Allowance for the production of engines. To meet the demand for
engines created under paragraph (d), (0, or (g) of this section, engine
manufacturers may produce engines that do not meet current year emis-
sion requirements. However, engine manufacturers must receive written
assurance from each equipment manufacturer, prior to production, that
a certain number of these engines are needed for the equipment manufac-
turer's Tier 4 equipment flexibility allowances. Engine manufacturers
shall provide to the Executive Officer annually, as part of the certification
application, a list of the equipment manufacturers requesting such en-
gines for their Tier 2/3 and Tier 4 equipment flexibility allowances. The
list shall include the equipment manufacturers' names, engine models,
and estimated national production volumes. A copy of the original corre-
spondence from the equipment manufacturer requesting the production
of flexibility engines shall be kept on file by the engine manufacturer in
addition to, and in accordance with, the provisions of § 1039.250 of the
2008 and Later Test Procedures, and shall be made available without
delay to the Executive Officer upon request. Furthermore, all engines
produced for sale in California under either of the transitional flexibility
provisions for equipment manufacturers, must be covered by an Execu-
tive Order starting January 1, 2007. To obtain an Executive Order for
these engines, the engine manufacturer shall comply with the following:
(1) Prior to the start of production, submit a letter to the Chief of the
Mobile Source Operations Division, or designee, requesting certification
for flexibility engines intended for sale in California, and
(2) Provide written assurance that the flexibility engines to be pro-
duced will be identical in all material respects to those for which a valid
Executive Order has been issued in a previous model year. The engine
family name of the previously certified engine family must be included
in the manufacturer's request for certification.
Upon determination that the conditions in paragraphs (1 ) and (2) have
been satisfied, the Executive Officer shall provide the engine manufac-
turer with an Executive Order covering the requested flexibility engine
families for the current model year. The engine family names included
in the Executive Order shall either be the same as, or a subset of the pre-
viously certified engine family names, and shall remain the same for as
long as the engines continue to qualify as flexibility allowances regard-
less of model year. These engine family names shall be used by the en-
gine manufacturer to comply with the labeling requirements of
2423(d)(5)(A).
(i) [Reserved]
(j)(l) A new compression-ignition off-road engine intended solely to
replace an engine in a piece of off-road equipment that was originally
produced with an engine manufactured prior to the applicable imple-
mentation date as specified in Section 2423, shall not be subject to the
emission requirements of Section 2423 provided that:
(A) the engine manufacturer has ascertained that no engine produced
by itself or the manufacturer of the engine that is being replaced, if differ-
ent, and certified to the requirements of this article, is available with the
appropriate physical or performance characteristics to repower the
equipment; and
(B) unless an alternative control mechanism is approved in advanced
by the Executive Officer, the engine manufacturer or its agent takes own-
ership and possession of the engine being replaced; and
(C) the engine manufacturer does not use the replacement-engine ex-
emption to circumvent the regulations; and
(D) the replacement engine is clearly labeled with the following lan-
guage, or similar alternate language approved in advance by the Execu-
tive Officer:
"THIS ENGINE DOES NOT COMPLY WITH CALIFORNIA AND
FEDERAL OFF-ROAD OR ON-HIGHWAY EMISSION REQUIRE-
MENTS. SALE OR INSTALLATION OF THIS ENGINE FOR ANY
PURPOSE OTHER THAN AS A REPLACEMENT ENGINE FOR AN
ENGINE MANUFACTURED PRIOR TO JANUARY 1 [INSERT AP-
PROPRIATE YEAR] IS A VIOLATION OF CALIFORNIA AND FED-
ERAL LAW SUBJECT TO CIVIL PENALTY."
(2) At the conclusion of each of the 2000 and later model years, the
manufacturer must provide, by engine model, the actual number of re-
placement engines produced for California during the model year, and a
description of the physical or performance characteristics of those mod-
els that indicate certified replacement engine(s) were not available as per
paragraph (1).
(k) Any new engine certified to comply with California emission stan-
dards and test procedures for on-road applications may, upon approval
by the Executive Officer, be considered to be in compliance with these
regulations.
(/) Practices and labeling requirements for rebuilt engines. This sub-
section shall apply as provided in paragraph (1) below to all off-road
compression-ignition engines subject to the requirements of Section
2423 that are rebuilt after December 31, 2006, including those engines
that were originally manufactured on, or prior to, December 31, 2006.
(1) Practices. The rebuilding practices described in Part 89. 130 of the
incorporated 2000 Plus Limited Test Procedures, including the exemp-
tion for engines equal to or greater than 37 kW that meet the Tier 1 stan-
dard, and Part 1068.120 of the 2008 and Later Test Procedures shall ap-
ply. These practices are summarized in paragraphs (1)(A) and (1)(B)
below, which are provided as respective references for the labeling re-
quirements in paragraphs (2)(A) and (2)(B) of this subsection.
(A) Any person who rebuilds an engine that either remains installed
in a piece of equipment during the rebuilding process or will be rein-
Page 298.2(d)
Register 2005, No. 49; 12-9-2005
Title 13
Air Resources Board
§2423
stalled after the rebuilding process has been completed shall rebuild the
engine to the same certified configuration or the certified configuration
of a later model year engine. For the purposes of this section, these en-
gines shall be referred to as "rebuilt original engines."
(B) Any person who replaces the engine in a piece of equipment with
a rebuilt engine (this includes engines that have been substantially as-
sembled from parts originally belonging to one or more other engines)
shall use a replacement engine with a certified configuration that is at
least equivalent, from an emissions standpoint, to that of the engine being
replaced. For the purposes of this section, these engines shall be referred
to as "rebuilt replacement engines."
(2) Labeling Requirements.
(A) Rebuilt Original Engines. Any person who rebuilds engines for
which the practices in paragraph (1)(A) of this subsection apply shall en-
sure that the rebuilt engines are labeled as follows:
1. An original engine that is rebuilt to the same emissions configura-
tion employed by the engine at the time it was issued an Executive Order
shall retain the emissions control label described in Section 2424. The re-
builder shall not remove or deface in any manner the original label and
must take care to protect it from the effects of sandblasting, acid dipping,
or any other restorative processes. Notwithstanding the preceding re-
quirements and prohibitions of this paragraph (2)(A)L, the rebuilder
shall substitute a new permanent label containing the text in paragraph
(2)(A)2. below for the original emission control label if the rebuilder de-
termines that the label has been irreparably corrupted due to extreme and
unintentional circumstances (e.g., fire or collision). The rebuilder shall
provide to the Executive Officer annually a list of all rebuilt engines for
which original labels have been removed under this provision no later
than two months after the end of each calendar year. The rebuilder shall
retain all removed labels, or otherwise document the degree to which the
labels were damaged or missing (e.g., photographic proof of the corrup-
tion), for a period of no less than eight years following the date of renova-
tion, and shall make these available to the Executive Officer upon re-
quest. The rebuilder shall be subject to civil penalty under State law
should the Executive Officer determine that the original emission control
label did not warrant replacement or that the rebuilder is abusing this pro-
vision;
2. An original engine that is rebuilt to a more stringent emissions con-
figuration shall be permanently re-labeled using the following text:
"THIS ENGINE HAS BEEN REBUILT UNDER 13 CCR 2423(/)
USING MATCHED COMPONENTS OF THE SAME SPECIFI-
CATIONS AND CALIBRATIONS AS THOSE OF A CERTIFIED
TIER [insert the numerical tier designation of the rebuilt engine]
OFF-ROAD COMPRESSION-IGNITION ENGINE. IF PLACED
INTO SERVICE IN AN OFF-ROAD APPLICATION, THIS EN-
GINE MUST BE INSTALLED IN EQUIPMENT ORIGINALLY
SOLD WITH A TIER [insert the numerical tier designation of the re-
built engine] OR EARLIER ENGINE, [insert the engine family name
of the reference engine].
For the purpose of this label, "MATCHED" means a complete set of
components corresponding to the certified emissions configuration be-
ing referenced (see the definition of "certified emissions configuration"
in Section 2421(a)(13)). The reference engine is the engine family name
corresponding to the certified emissions configuration to which the en-
gine has been rebuilt. The label shall conform to the provisions of Section
2424 regarding location and visibility.
(B) Rebuilt Replacement Engines. Any person who rebuilds engines
for which the practices in paragraph (1)(B) of this subsection apply shall
ensure that the rebuilt engines are labeled as follows:
1. A replacement engine that is rebuilt to the same California emis-
sions configuration employed by the engine at the time it was issued an
Executive Order shall either retain the emission control label described
in Section 2424 or be permanently re-labeled using the text in paragraph
(2)(A)2 of this subsection. A replacement engine that is rebuilt to the
same emissions configuration employed by the engine at the time it was
issued a federal Certificate of Conformity, and for which no Executive
Order exists, shall be permanently re-labeled using the text in paragraph
(2)(A)2 of this subsection, prior to being installed in equipment that was
originally sold with a California certified engine;
2. A replacement engine that is rebuilt to a more stringent emissions
configuration shall be permanently re-labeled using the text in paragraph
(2)(A*)2. above;
3. An incomplete rebuilt replacement engine shall be permanently re-
labeled using the text specified below. For the purposes of this subsec-
tion, "incomplete rebuilt replacement engine" means a rebuilt replace-
ment engine that is sold or offered for sale in California without all the
necessary components to enable engine operation including, but not nec-
essarily limited to, the fuel system and the air system:
"THIS ENGINE HAS BEEN REBUILT UNDER 1 3 CCR 2423(/) AS
AN INCOMPLETE ENGINE USING ONLY MATCHED COM-
PONENTS OF THE SAME SPECIFICATIONS AND CALIBRA-
TIONS AS THOSE FOUND IN OFF-ROAD COMPRESSION-
IGNITION ENGINES CERTIFIED TO THE [insert the numerical
tier or multiple tiers designation of the rebuilt engine]."
Any person who completes an incomplete rebuilt replacement engine
with components that are not matched components, and the resulting en-
gine is placed into service in California, is in violation of the rebuilding
practices referenced under paragraph (1) of this subsection and subject
to civil penalty under State law.
(C) Supplemental Labeling Requirements. Except as noted below, any
person who sells or offers for sale any rebuilt engine subject to the provi-
sions of subsection (/) shall affix a supplemental label to the rebuilt en-
gine that:
1 . states the name of the rebuilder, year of rebuild, and other pertinent
information as determined by the rebuilder or specified by the Executive
Officer; and
2. is clearly visible without the need to remove any engine compo-
nents; and
3. does not obscure in any way the visibility of the original emission
control label or the labels required under paragraphs (2)(A)2. or (2)(B)3.
of this subsection; and
4. does not state or imply that the rebuilt engine is "new" or that it be-
longs to an engine family other than the one to which it was originally
certified; and
5. has sufficient durability to remain intact and legible throughout all
mandatory record keeping periods for rebuilt engines.
The requirement for a supplemental label shall be waived in cases
where the rebuilder alternately chooses to incorporate the information in
(C)l. above into the new permanent label specified in subsection
(2)(A)2.or(2)(B)3.
(D) Rebuilt New Engines. Notwithstanding any other requirement of
this subsection (/), any person who rebuilds an engine to comply with cur-
rent-year emission requirements (including, but not limited to, durability
and warranty), with the intent to sell or offer for sale the rebuilt engine
as "new" under the coverage of a new and unique Executive Order, shall
replace the original emission control label on that engine with one identi-
fying the engine as belonging to a family meeting current-year emission
requirements in accordance with the provisions of Section 2424. If de-
sired, the rebuilder of a such an engine may optionally affix to it a supple-
mental label, but such a label would be required to comply with the same
requirements specified in paragraph (C) of this subsection for any other
rebuilt engine.
NOTE: Authority cited: Sections 39600, 39601, 43013, 4301 8, 43101 and 43104,
Health and Safety Code. Reference: Sections 43013, 43017, 4301 8, 431 01, 43104
and 43211-43212, Health and Safety Code.
History
1 . New article 2 and section filed 6-9-93; operative 7-9-93 (Register 93, No. 24).
2. Change without regulatory effect repealing article heading and amending Note
filed 12-22-93 pursuant to title 1, section 100, California Code of Regulations
(Register 93, No. 52).
3. Amendment of section heading and section filed 12-28-2000; operative
1 2-28-2000 pursuant to Government Code section 1 1343.4(d) (Register 2000,
No. 52).
Page 298.2(e)
Register 2006, No. 42; 10-20-2006
§2424
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
4. Amendment filed 12-7-2005; operative 1-6-2006 (Register 2005, No. 49).
§ 2424. Emission Control Labels — 1996 and Later
Off-Road Compression-Ignition Engines.
(a) Purpose. The Air Resources Board recognizes that certain emis-
sions-critical or emissions-related parts must be properly identified and
maintained in order for engines to meet the applicable emission stan-
dards. The purpose of these specifications is to require engine manufac-
turers to affix a label (or labels) on each production engine (or equip-
ment) to provide the engine or equipment owner and service mechanic
with information necessary for the proper maintenance of these parts in
customer use. For engines used in auxiliary power systems which, in
turn, are used to comply with the diesel-fueled commercial vehicle idling
requirements of title 13, CCR, section 2485(c)(3)(A), additional labeling
requirements for the engine or equipment manufacturers apply, as set
forth in section 35. B. 4 of the "California Exhaust Emission Standards
and Test Procedures for 2004 and Subsequent Model Heavy-Duty Diesel
Engines and Vehicles," as incorporated by reference in title 13, CCR,
section 1956.8(b).
(b) Applicability.
(1) These specifications shall apply to 1996-1999 model year heavy-
duty off-road compression-ignition engines, which have been certified
to the applicable emission standards pursuant to Health and Safety Code
Section 43013.
(2) These specifications shall apply to 2000 and later model year com-
pression-ignition engines, which have been certified to the applicable
emission standards pursuant to Health and Safety Code Section 43013.
(3) Engine manufacturers who have certified such engines shall be re-
sponsible for complying with these specifications.
(c) Label Content and Location.
(1) For 1996-1999 heavy-duty off-road compression-ignition en-
gines:
(A) A tune-up label shall be permanently attached to the engine block
or other major component in such a way that it will be readily visible after
installation of the engine in the equipment. If the equipment obscures the
label on the engine, the equipment manufacturer shall attach a supple-
mental label such that it is readily visible.
(B) In selecting an acceptable location, the manufacturer shall consid-
er the possibility of accidental damage (e.g., possibility of tools or sharp
instruments coming in contact with the label). Each label shall be affixed
in such a manner that it cannot be removed without destroying or defac-
ing the label, and shall not be affixed to any part which is likely to be re-
placed during the equipment's useful life. The label(s) shall not be af-
fixed to any component which is easily detached from the engine.
(C) In addition, an engine serial number shall be stamped on the engine
block or stamped on a metal label riveted to the engine block. Engine
manufacturers shall keep records such that the engine serial number can
easily be used to determine if an engine was certified for the applicable
model year.
(D) The label shall be in the English language and use block letters and
numerals which shall be of a color that contrasts with the background of
the label.
(E) The label shall contain the following information:
1. The label heading shall read:
"Important Engine Information."
2. Full corporate name and trademark of the manufacturer.
3. "This (specify equipment or engine, as applicable) is certified to op-
erate on (specify operating fuel(s))."
4. Identification of the Exhaust Emission Control System. Abbrevi-
ations may be used and shall conform to the nomenclature and abbrevi-
ations found in the Society of Automotive Engineers document J1930
which is incorporated by reference herein [in Section 1977, Title 13,
CCR], titled "Diagnostic Acronyms, Terms, and Definitions for Electri-
cal/Electronic Systems."
5. The specifications and adjustments recommended by the manufac-
turer, including, if applicable: initial injection timing, and fuel rate (in
mm3/stroke) at advertised horsepower. These specifications shall indi-
cate the proper transmission position, (if applicable), during tune-up and
what accessories, if any, should be in operation, and what systems, if any
(e.g., vacuum advance, air pump), should be disconnected during the
tune-up. If the manufacturer does not recommend adjustment of the fore-
going specifications, the manufacturer shall include in lieu of the "speci-
fications" the single statement "No other adjustments needed." For all
engines, the instructions for tune-up adjustments shall be sufficiently
clear on the label to preclude the need for a mechanic or equipment owner
to refer to another document in order to correctly perform the adjust-
ments.
6. An unconditional statement of compliance with the appropriate
model year California regulations; for example, "This engine conforms
to 1996 California regulations for heavy-duty off-road diesel cycle en-
gines as applicable."
7. Total engine displacement (in cubic centimeters, liters, or cubic in-
ches) and engine family identification.
(F)l. The manufacturer of any engine certified with a clean fuel (i.e.,
low-sulfur diesel fuel) shall at the time of engine manufacture, affix a
permanent legible label specifying the appropriate operating fuel(s).
2. The label shall be located immediately adjacent to each fuel tank
filler inlet and outside of any filler inlet compartment. It shall be located
so that it is readily visible to any person introducing fuel to such filler in-
let; Provided, however, that the Executive Officer shall upon application
from an engine manufacturer, approve other label locations that achieve
the purpose of this paragraph. If the engine is manufactured separately
from the equipment, the label shall be affixed to the engine and located
so that it is readily visible. Such labels shall be in English and in block
letters which shall be of a color that contrasts with their background.
(2) For 2000 and later Tier 1 , Tier 2, and Tier 3 off-road compression-
ignition engines, the label content and location must comply with the re-
quirements in Section 89.1 10 of the 2000 and Later Test Procedures.
(3) For 2008 and Later Tier 4 off-road compression-ignition engines,
the label content and location must comply with the requirements in Sec-
tion 1039.135 of the 2008 and Later test Procedures.
(d) The provisions of these specifications shall not prevent a manufac-
turer from also stating on the label that such engine or equipment con-
forms to any applicable federal emission standards for new engines, or
any other information that such manufacturer deems necessary for, or
useful to, the proper operation and satisfactory maintenance of the equip-
ment or engine.
(e) As used in these specifications, readily visible to the average per-
son shall mean that the label shall be readable from a distance of eighteen
inches (46 centimeters) without any obstructions from equipment or en-
gine parts (including all manufacturer available optional equipment) ex-
cept for flexible parts (e.g., vacuum hoses, ignition wires) that can be
moved out of the way without disconnection. Alternatively, information
required by these specifications to be printed on the label shall be no
smaller than 8 point type size provided that no equipment or engine parts
(including all manufacturer available optional equipment), except for
flexible parts, obstruct the label.
(f) The labels and any adhesives used shall be designed to withstand,
for the engine's or equipment's total expected life, typical equipment en-
vironmental conditions in the area where the label is attached. Typical
equipment environmental conditions shall include, but are not limited to,
exposure to engine fuels, lubricants and coolants (e.g., diesel fuel, motor
oil, water, ethylene glycol). The manufacturer shall submit, with its certi-
fication application, a statement attesting that its labels comply with
these requirements.
(g) The manufacturer shall obtain approval from the Executive Officer
for all label formats and locations prior to use. Approval of the specific
maintenance settings is not required; however, the format for all such set-
tings and tolerances, if any, is subject to review. If the Executive Officer
finds that the information on the label is vague or subject to misinterpre-
Page 298.2(f)
Register 2006, No. 42; 10-20-2006
Title 13
Air Resources Board
§2425
tation, or that the location does not comply with these specifications, he
or she may require that the label or its location be modified accordingly.
(h) Samples of all actual production labels used within an engine fami-
ly shall be submitted to the Executive Officer within thirty days after the
start of production.
(i) The Executive Officer may approve alternate label locations or
may, upon request, waive or modify the label content requirements pro-
vided that the intent of these specifications is met.
(j) The manufacturer of any engine shall furnish to the Executive Offi-
cer, at the beginning of the model year, any engine identification number
coding system which identifies whether such engine(s) are covered by an
Executive Order.
(k) If the Executive Officer finds any engine (or equipment) manufac-
turer using labels which are different from those approved or which do
not substantially comply with the readability or durability requirements
set forth in these specifications, the manufacturer shall be subject to be-
ing enjoined from any further sales of such products in the State of Cali-
fornia pursuant to Section 43017 of the Health and Safety Code. Prior to
seeking to enjoin a manufacturer, the Executive Officer shall consider
any information provided by the manufacturer.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and
43104, Health and Safety Code. Reference: Sections 43013, 43017, 4301 8, 43101 ,
43102, 43104 and 43105, Health and Safety Code.
History
1 . New section filed 6-9-93; operative 7-9-93 (Register 93, No. 24).
2. Change without regulatory effect amending Note filed 12-22-93 pursuant to
title 1, section 100, California Code of Regulations (Register 93, No. 52).
3. Amendment of section heading and section filed 12-28-2000; operative
12-28-2000 pursuant to Government Code section 1 1 343.4(d) (Register 2000,
No. 52).
4. Amendment of subsections (c)(l)(E)4. and (c)(2) and new subsection (c)(3)
filed 12-7-2005; operative 1-6-2006 (Register 2005, No. 49).
5. Amendment of subsection (a) filed 10-1 6-2006; operative 1 1-15-2006 (Regis-
ter 2006, No. 42).
§ 2425. Defects Warranty Requirements for 1 996 and Later
Off-Road Compression-Ignition Engines.
(a) Applicability. This section shall apply to new 1996-1999 model
year heavy-duty off-road compression-ignition engines and new 2000
and later model year compression-ignition engines. The warranty period
shall begin on the date the engine or equipment is delivered to an ultimate
purchaser. The use of alternate fuels shall not void the warranties on any
engine certified to use such fuel.
(b) General Emissions Warranty Coverage. The manufacturer of each
off-road compression-ignition engine shall warrant to the ultimate pur-
chaser and each subsequent purchaser that the engine is:
(1) Designed, built, and equipped so as to conform with all applicable
regulations adopted by the Air Resources Board pursuant to its authority
in Chapters 1 and 2, Part 5, Division 26 of the Health and Safety Code;
and
(2) Free from defects in materials and workmanship which cause the
failure of a warranted part to be identical in all material respects to the
part as described in the engine manufacturer's application for certifica-
tion for a period of five years or 3,000 hours of operation, whichever oc-
curs first, for all engines rated at 19kW and greater, except as noted be-
low. In the absence of a device to measure hours of use, the engine shall
be warranted for a period of five years. For all engines rated less than
19kW, and for constant-speed engines rated under 37kW with rated
speeds higher than or equal to 3,000 rpm, the period of two years or 1 ,500
hours of operation, whichever occurs first, shall apply. In the absence of
a device to measure hours of use, the engine shall be warranted for a peri-
od of two years.
(c) The warranty on emissions-related parts shall be interpreted as fol-
lows:
(1) Any warranted part which is not scheduled for replacement as re-
quired maintenance in the written instructions required by Subsection (e)
shall be warranted for the warranty period defined in Subsection (b)(2).
If any such part fails during the period of warranty coverage, it shall be
repaired or replaced by the engine manufacturer according to Subsection
(4) below. Any such part repaired or replaced under the warranty shall
be warranted for the remaining warranty period.
(2) Any warranted part which is scheduled only for regular inspection
in the written instructions required by Subsection (e) shall be warranted
for the warranty period defined in Subsection (b)(2). A statement in such
written instructions to the effect of "repair or replace as necessary" shall
not reduce the period of warranty coverage. Any such part repaired or re-
placed under warranty shall be warranted for the remaining warranty pe-
riod.
(3) Any warranted part which is scheduled for replacement as required
maintenance in the written instructions required in Subsection (e) shall
be warranted for the period of time prior to the first scheduled replace-
ment point for that part. If the part fails prior to the first scheduled re-
placement, the part shall be repaired or replaced by the engine manufac-
turer according to Subsection (4) below. Any such part repaired or
replaced under warranty shall be warranted for the remainder of the peri-
od prior to the first scheduled replacement point for the part.
(4) Repair or replacement of any warranted part under the warranty
provisions of this article shall be performed at no charge to the owner at
a warranty station.
(5) Notwithstanding the provisions of Subsection (4) above, warranty
services or repairs shall be provided at all manufacturer distribution cen-
ters that are franchised to service the subject engines.
(6) The owner shall not be charged for diagnostic labor that leads to
the determination that a warranted part is in fact defective, provided that
such diagnostic work is performed at a warranty station.
(7) The engine manufacturer shall be liable for damages to other en-
gine components proximately caused by a failure under warranty of any
warranted part.
(8) Throughout the engine's warranty period defined in Subsection
(b)(2), the engine manufacturer shall maintain a supply of warranted
parts sufficient to meet the expected demand for such parts.
(9) Any replacement part, as defined in Section 1900(b)(13), Title 1 3,
may be used in the performance of any maintenance or repairs and must
be provided without charge to the owner. It is not necessary for replace-
ment parts to be the same brand or by the same manufacturer as the origi-
nal part sold with the engine. Such use shall not reduce the warranty obli-
gations of the engine manufacturer.
(10) Add-on or modified parts, as defined in Section 1900(b)(1) and
(b)(10), Title 13, that are not exempted by the Air Resources Board may
not be used. The use of any non-exempted add-on or modified parts shall
be grounds for disallowing a warranty claim made in accordance with
this article. The engine manufacturer shall not be liable under this article
to warrant failures of warranted parts caused by the use of a non-ex-
empted add-on or modified part.
(11) The Executive Officer may request and, in such case, the engine
manufacturer shall provide, any documents which describe that man-
ufacturer's warranty procedures or policies.
(d) Each manufacturer shall include a copy of the following emission
warranty parts list with each new engine, using those portions of the list
applicable to the engine.
(1) Fuel Metering System
(A) Fuel injection system.
(B) Air/fuel ratio feedback and control system.
(C) Cold start enrichment system.
(2) Air Induction System
(A) Controlled hot air intake system.
(B) Intake manifold.
(C) Heat Riser Valve and Assembly.
(D) Turbocharger/Supercharger Systems.
(E) Charge Air Cooling Systems.
(3) Exhaust Gas Recirculation (EGR) System
(A) EGR valve body, and carburetor spacer if applicable.
(B) EGR rate feedback and control system.
(4) Air injection System
(A) Air pump or pulse valve.
(B) Valves affecting distribution of flow.
Page 298.2(g)
Register 2006, No. 42; 10-20-2006
§ 2425.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(C) Distribution manifold.
(5) Catalyst or Thermal Reactor System
(A) Catalytic converter.
(B) Thermal reactor.
(C) Exhaust manifold.
(6) Particulate Controls
(A) Traps, filters, precipitators, and any other device used to capture
particulate emissions.
(B) Regenerators, oxidizers, fuel additive devices, and any other de-
vice used to regenerate or aid in the regeneration of the particulate control
device.
(C) Control Device Enclosures and Manifolding.
(D) Smoke Puff Limiters.
(7) Advanced Oxides of Nitrogen (NOx) Controls
(A) NOx Adsorbers
(B) Lean NOx Catalysts
(C) Selective Catalyst Reduction
(D) Reductant (urea/fuel) containers/dispensing systems
(8) Positive Crankcase Ventilation (PCV) System.
(A) PCV Valve.
(B) Oil Filler Cap.
(9) Miscellaneous items Used in Above Systems
(A) Vacuum, temperature, and time sensitive valves and switches.
(B) Electronic control units, sensors, solenoids, and wiring harnesses.
(C) Hoses, belts, connectors, assemblies, clamps, fittings, tubing, seal-
ing gaskets or devices, and mounting hardware.
(D) Pulleys, belts and idlers.
(E) Emission Control Information Labels.
(F) Any other part with the primary purpose of reducing emissions or
that can increase emissions during failure without significantly degrad-
ing engine performance.
(e) Each manufacturer shall furnish with each new engine written in-
structions for the maintenance and use of the engine by the owner. The
instructions shall be consistent with this article and applicable regula-
tions contained herein. In addition, for engines less than 19 kilowatts,
each manufacturer shall furnish with each new engine a written statement
as follows: "In order to operate in California, a diesel-fueled engine in
an auxiliary power system used to comply with the Airborne Toxic Con-
trol Measure to Limit Diesel-Fueled Commercial Motor Vehicle Idling
requirements of the California Code of Regulations, must have one of the
following apply: (1 ) be equipped with a verified Level 3 in-use strategy
for particulate matter control, (2) have its exhaust routed directly into the
vehicle's exhaust pipe, upstream of the diesel particulate matter after-
treatment device, or (3) use an alternate particulate matter control strate-
gy with prior Executive Officer approval. (For more details, please see
the California Code of Regulations, title 13, section 2485(c)(3)(A).)"
(0 Each manufacturer shall submit the documents required by Subsec-
tions (d) and (e) with the manufacturer's preliminary application for en-
gine certification for approval by the Executive Officer. Approval by the
Executive Officer of the documents required by Subsections (d) and (e)
shall be a condition of certification. The Executive Officer shall approve
or disapprove the documents required by Subsections (d) and (e) within
90 days of the date such documents are received from the manufacturer.
(Title 17, California Code of Regulations (CCR), Section 60030.) Any
disapproval shall be accompanied by a statement of the reasons therefore.
In the event of disapproval, the manufacturer may file for an adjudicative
hearing pursuant to Title 17, California Code of Regulations Division 3,
Chapter 1, Subchapter 1.25, Articles 1 and 2, to review the decision of
the Executive Officer.
(g) In the application, each manufacturer shall include a statement
concerning proper maintenance of the engine to maximize emissions per-
formance. The statement shall include, but not be limited to, information
on air filter care and replacement schedule, proper fueling and fuel mix-
ing, engine maintenance, and a maintenance schedule to ensure that the
owner returns to a servicing center to check for deposits, debris build-up,
etc.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102,
43104 and 43105, Health and Safety Code. Reference: Sections 43013, 43017,
43018, 43101, 43102 and 43205.5, Health and Safety Code.
History
1 . New article 3 and section filed 6-9-93; operative 7-9-93 (Register 93, No. 24).
2. Change without regulatory effect repealing article heading and amending sub-
section (e) and Note filed 12-22-93 pursuant to title 1, section 100, California
Code of Regulations (Register 93. No. 52).
3. Amendment of subsection (c)( 1 0) filed 8-29-2000; operative 9-28-2000 (Reg-
ister 2000, No. 35).
4. Amendment of section heading, section and Note filed 12-28-2000; operative
12-28-2000 pursuant to Government Code section 1 1343.4(d) (Register 2000.
No. 52).
5. Amendment of subsection (d)(2)(D), new subsections (d)(7)-(d)(7)(D), subsec-
tion renumbering, amendment of newly designated subsection (d)(9)(B), new
subsections (d)(9)(E)-(F) and amendment of subsection (0 filed 12-7-2005;
operative 1-6-2006 (Register 2005, No. 49).
6. Amendment of subsection (e) filed 10-16-2006; operative 1 1-15-2006 (Resis-
ter 2006, No. 42).
§ 2425.1 . Defect Investigation and Reporting
Requirements.
(a) Applicability. This section shall apply to new off-road compres-
sion-ignition engines subject to the standards in Section 2423 (b)(1)(B)
and the incorporated 2008 and Later Test Procedures, and shall address
defects for any of the emission-related components, or systems contain-
ing the components listed in Section 2425(d)(1).
(b) General requirements. Engine manufacturers shall investigate
their engines that have been introduced into commerce in California for
incorrect, improperly installed, or otherwise defective emission-related
components or systems, and shall submit a report to the ARB based on
federal triggering thresholds documenting these activities, as required,
and their findings. If available, California-specific incidence rates shall
also be included in this report.
(c) Investigation and reporting procedures. Engine manufacturers
shall perform the investigation and reporting procedures specified in Part
1068, Subpart F of the 2008 and Later Test Procedures.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102.
43104 and 43105, Health and Safety Code. Reference: Sections 43013, 43017,
43018, 43101, 43102 and 43205.5, Health and Safety Code.
History
1. New section filed 12-7-2005; operative 1-6-2006 (Register 2005, No. 49).
§ 2426. Emission Control System Warranty Statement.
(a) Each manufacturer shall furnish a copy of the following statement
with each new 1996-1999 heavy-duty off-road compression-ignition
engines, using those portions of the statement applicable to the engine.
CALIFORNIA EMISSION CONTROL
WARRANTY STATEMENT
YOUR WARRANTY RIGHTS AND OBLIGATIONS
The California Air Resources Board (and manufacturer's name, op-
tional) is pleased to explain the emission control system warranty on
your (year) engine. In California, new heavy-duty off-road engines
must be designed, built and equipped to meet the State's stringent anti-
smog standards. (Manufacturer's name) must warrant the emission con-
trol system on your engine for the periods of time listed below provided
there has been no abuse, neglect or i mproper maintenance of your engine.
Your emission control system may include parts such as the fuel injection
system and the air induction system. Also included may be hoses, belts,
connectors and other emission-related assemblies.
Where a warrantable condition exists, (manufacturer's name) will repair
your heavy-duty off-road engine at no cost to you including diagnosis,
parts and labor.
MANUFACTURER'S WARRANTY COVERAGE:
The (year) and later heavy-duty off-road engines are warranted for
(warranty period). If any emission-related part on your engine is defec-
tive, the part will be repaired or replaced by (manufacturer's name).
Page 298.2(h)
Register 2006, No. 42; 10-20-2006
Title 13
Air Resources Board
§2426
OWNER'S WARRANTY RESPONSIBILITIES:
— As the heavy-duty off-road engine owner, you are responsible for
the performance of the required maintenance listed in your own-
er's manual. (Manufacturer's name) recommends that you retain
all receipts covering maintenance on your heavy-duty off-road
engine, but (manufacturer's name) cannot deny warranty solely for
the lack of receipts or for your failure to ensure the performance of
all scheduled maintenance.
— As the heavy-duty off-road engine owner, you should however be
aware that (manufacturer's name) may deny you warranty cover-
age if your heavy-duty off-road engine or a part has failed due to
abuse, neglect, improper maintenance or unapproved modifica-
tions.
— Your engine is designed to operate on (fuel) only. Use of any other
fuel may result in your engine no longer operating in compliance
with California's emissions requirements.
— You are responsible for initiating the warranty process. The ARB
suggests that you present your heavy-duty off-road engine to a
(manufacturer's name) dealer as soon as a problem exists. The war-
ranty repairs should be completed by the dealer as expeditiously as
possible.
[The next page is 298.2(i).]
Page 298.2(h)(1)
Register 2006, No. 42; 10-20-2006
Title 13
Air Resources Board
§2427
•
•
If you have any questions regarding your warranty rights and responsi-
bilities, you should contact (Insert chosen manufacturer's contact) at
1-XXX-XXX-XXXX.
(b) For J 996—1 999 model year heavy-duty off-road compression-
ignition engines, each manufacturer shall furnish with each new engine
a warranty statement which generally describes the obligations and rights
of the engine manufacturer and owner under this article. Engine man-
ufacturers shall also include in the warranty statement a phone number
the customer may use to obtain their nearest franchised service center.
(c) Each manufacturer shall submit the documents required by Sub-
sections (a) and (b) with the manufacturer's preliminary application for
new engine certification for approval by the Executive Officer. The Ex-
ecutive Officer may reject or require modification of the documents to
the extent the submitted documents do not satisfy the requirements of
Subsections (a) and (b). Approval by the Executive Officer of the docu-
ments required by Subsections (a) and (b) shall be a condition of certifi-
cation. The Executive Officer shall approve or disapprove the documents
required by Subsections (a) and (b) within 90 days of the date such docu-
ments are received from the manufacturer. Any disapproval shall be ac-
companied by a statement of the reasons therefore. In the event of disap-
proval, the manufacturer may petition the Board to review the decision
of the Executive Officer.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018. 43101, 43102 and
43104, Health and Safety Code. Reference: Sections 43013, 43017, 4301 8, 43101,
43102 and 43205.5, Health and Safety Code.
History
1. New section filed 6-9-93; operative 7-9-93 (Register 93, No. 24).
2. Change without regulatory effect amending Note filed 12-22-93 pursuant to
title 1, section 100, California Code of Regulations (Register 93, No. 52).
3. Amendment filed 1 2-28-2000; operative 12-28-2000 pursuant to Government
Code section 1 1343.4(d) (Register 2000, No. 52).
4. Amendment of subsection (c) filed 12-7-2005; operative 1-6-2006 (Register
2005, No. 49).
§ 2427. Production Engine Testing, Selection, Evaluation,
and Enforcement Action.
(a) Compliance Test Procedures.
(1) These procedures are applicable to, the 1996-1999 model year
heavy-duty off-road compression-ignition engine family groups (as de-
fined in Sections 3 and 11 of the 1996-1999 Heavy-Duty Test Proce-
dures) or any subgroups within an engine family group selected for com-
pliance testing pursuant to this section.
(2) The Executive Officer may, with respect to any new engine family
group or subgroup being sold, offered for sale, or manufactured for sale
in California, order an engine manufacturer to make available for com-
pliance testing and/or inspection a reasonable number of engines, and
may direct that the engines be delivered to the state board at the Haagen-
Smit Laboratory, 9528 Telstar Avenue, El Monte, California or where
specified by the Executive Officer. The Executive Officer may also, with
respect to any new engine family group or subgroup being sold, offered
for sale, or manufactured for sale in California, have a manufacturer com-
pliance test and/or inspect a reasonable number of engines at the man-
ufacturer's facility under the supervision of an ARB Enforcement Offi-
cer. Engines shall be representatively selected from sources specified by
the Executive Officer according to a method approved by him/her, which
insofar as practical shall exclude engines which would result in an unrea-
sonable disruption of the manufacturer's distribution system. To the ex-
tent practical, the Executive Officer shall test a representative configura-
tion (as defined in the 1996-1999 Heavy-Duty Test Procedures) from
the engine family group in order to minimize manufacturers' expense
and inconvenience in testing different engine configurations.
A subgroup of an engine family group may be selected for compliance
testing only if the Executive Officer has reason to believe that the emis-
sions characteristics of that subgroup are substantially in excess of the
emissions of the engine family group as a whole.
(3) For all 1996-1999 heavy-duty off-road compression-ignition en-
gines selected for compliance testing, the selection and testing of engines
and the evaluation of data shall be made in accordance with the proce-
dures set forth herein.
(4) For manufacturers that have more than one engine family group,
the Air Resources Board or its designated laboratory shall procure and
test at the manufacturer' s expense no more than one engine family group
per year, if compliance testing is required.
Notwithstanding the above, if a manufacturer fails to demonstrate
compliance with the emission standards after one engine family group
has been tested, the ARB or its designated laboratory may test additional
engine family groups at the manufacturer's expense, until compliance is
demonstrated on one engine family group or all of a manufacturer's en-
gine family groups have been tested. However, the ARB may conduct en-
gine enforcement testing pursuant to the engine test procedures specified
in Section 2423, at its own expense. In such an instance, the Executive
Officer shall order testing only in those cases where evidence such as
quality audit test data or in-use test data indicate that engines may not be
in compliance.
(5) All testing shall be conducted in accordance with the applicable
model year certification emission test procedures. Break-in before test-
ing may be performed on test engines to the same extent it is performed
on assembly-line quality audit testing engines (See Subsection (b)). No
break-in or modifications, adjustments, or special preparation or mainte-
nance will be allowed on engines chosen for compliance testing without
the written consent of the Executive Officer. Such consent shall not be
unreasonably withheld where such adjustment or alteration is required to
render the engine testable and reasonably operative.
(6) If the manufacturer elects to specify a different break-in or adjust-
ments, they will be performed by the manufacturer under the supervision
of ARB personnel.
(7) Correction of damage or maladjustment which may reasonably be
found to have resulted from shipment of the engine is permitted only after
testing the engine, except where 100 percent of the manufacturer's pro-
duction is given that inspection or maintenance by the manufacturer's
own personnel. Exceptions are allowed in the cases where the damage
results in the engine being unsafe to operate, inoperable, or unable to
complete the emission test. Additionally, an exception is allowed if the
damage results in engine performance deficiencies which would be ob-
vious in customer service and which would cause the customer to seek
repair of the engine. The manufacturer may request that the engine be re-
paired from shipping damage, and be retested. If the Executive Officer
concurs, the engine may be retested, and the original test results may be
replaced by the after-repair test results.
(8) Engines shall be representatively chosen from the selected engine
family group or subgroup. Manufacturers shall indicate which sampling
plan (as described in paragraphs (9) and (10), below) they prefer to use
prior to the start of testing. Once testing has begun, manufacturers may
not switch to the other sampling plan; the generated test results will be
final. Each chosen engine shall be tested according to the 1996-1999
Heavy-Duty Test Procedures to determine its emissions. Unique special-
ty hardware and personnel normally necessary to prepare the engine for
the performance of the test as set forth in the applicable test procedures
shall be supplied by the manufacturer within seven days after request.
Failure to supply this unique specialty hardware or personnel may not be
used by the manufacturer as a cause for invalidation of the subsequent
tests.
(9) Primary Sampling Plan.
(A) Engines shall be tested in groups of five until a "Pass" or "Fail"
decision is reached for each pollutant independently for the engine fami-
ly group or subgroup in accordance with the following table:
Decide "Fail" Decide "Pass"
Number of If " U " is greater lf"U"is less than
Engines Tested than or equal to or equal to
5 2.18 -0.13
10 2.11 0.51
15 2.18 0.88
20 2.29 1.16
Page 298.2(i)
Register 2005, No. 49; 12-9-2005
§2427
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
where:
U =
I (Xj -Ho)
i=J
(I (xj -Ho) )
0.5
i=l
Xj = the projected emissions of one pollutant for the /th engine tested.
|!0 = the applicable model year emission standard for that pollutant,
n = the number of engines tested.
(B) The Executive Officer shall find that a group of engines has failed
the compliance testing pursuant to the above table if he or she finds that
the average emissions of the engines within the selected engine family
group or subgroup exceed the applicable model year new engine emis-
sion standard for at least one pollutant.
(C) If no decision can be reached after 20 engines have been tested, the
Executive Officer shall not make a "Fail" decision for the selected engine
family group or subgroup on the basis of these 20 tests alone. Under these
circumstances the Executive Officer shall elect to test 10 additional en-
gines. If the average emissions from the 30 engines tested exceed any one
of the exhaust emission standards for which a "Pass" decision has not
been previously made, the Executive Officer shall render a "Fail" deci-
sion.
(10) Alternate Sampling Plan for Low Volume Engine Family Groups.
Any manufacturer subject to new engine compliance testing on an en-
gine family group with a sales volume of less than 2000 engines per year
may use the alternative sampling and testing schedule below.
Decide "Fail" Decide "Pass"
If number of failed If number of failed
Number of engines is greater engines is less
Engines Tested than or equal to than or equal to
1 No Failure Decision No Passing Decision
2 No Failure Decision 0
3
4
5
6
7
8
9
10
(1 1 ) If the Executive Officer determines, in accordance with the proce-
dures set forth herein, that an engine family group, engine family, or any
subgroup within an engine family exceeds the emission standards for one
or more pollutants, the manufacturer may be subject to being enjoined
from any further sales of such products in the State of California pursuant
to Section 430 1 7 of the Health and Safety Code. Prior to seeking to enjoin
a manufacturer, the Executive Officer shall consider quality audit test re-
sults, if any, and any additional test data or any other information pro-
vided by the manufacturers.
(12) Engines selected for inspection shall be checked to verify the
presence of those emissions-related components specified in the man-
ufacturer's application for certification, and for the accuracy of any ad-
justments, part numbers and labels specified in that application. If any en-
gine selected for inspection fails to conform to any applicable law in Part
5 (commencing with Section 43000) of Division 26 of the Health and
Safety Code, or any regulation adopted by the state board pursuant there-
to, other than an emissions standard applied to new engines to determine
"certification" as specified in Chapter 9, the Executive Officer shall
notify the manufacturer and may seek to enjoin the manufacturer from
any further sales of such products in the State of California pursuant to
Section 43017 of the Health and Safety Code. Prior to seeking to enjoin
a manufacturer, the Executive Officer shall consider any information
provided by the manufacturer.
(b) Quality-Audit Test Procedures.
(1) The 1996-1999 model year heavy-duty off-road compression-
ignition engines certified for sale in California shall be subject to the Qu-
ality-Audit requirements specified herein. Each manufacturer shall use
the quality-audit test procedures specified herein.
(2) These procedures specify the quality-audit test procedures in con-
junction with the 1996-1999 Heavy-Duty Test Procedures. An engine
is in compliance with these quality-audit standards and test procedures
only when all portions of these quality-audit test procedures are fulfilled.
(3) Air Resources Board (ARB) personnel and mobile laboratories
shall have access to engine or equipment assembly plants, distribution fa-
cilities, and test facilities for the purpose of engine selection, testing, and
observation. Scheduling of access shall be arranged with the designated
manufacturer's representative and shall not unreasonably disturb normal
operations (See Section 6 of the 1996-1999 Heavy-Duty Test Proce-
dures).
(4) Applicability.
These procedures shall apply to all certified 1996-1999 model year
heavy-duty off-road compression-ignition engine family groups.
If a manufacturer cannot provide actual California sales data, it shall
provide its total production and an estimate of California sales. The man-
ufacturer shall also provide supporting material for its estimate.
(5) Engine Sample Selection.
For each engine family group with California sales volumes of 150
units or more per year, the manufacturer shall select for quality audit test-
ing a representative sample of three engines or one percent of production,
whichever is greater, from the highest sales volume engine family within
the entire engine family group. For engine family groups with California
sales volumes of less than 150 units per year, no testing shall be required
unless requested by the Executive Officer based upon information and
belief that such engine family groups are in noncompliance with applica-
ble regulations. Each selected engine for quality-audit testing must pass
the inspection test, by being equipped with the appropriate emission con-
trol systems certified by the ARB. The procedure for selecting engines
must be submitted to the Chief, Mobile Source Division, 9528 Telstar
Avenue, El Monte, C A 9 1 73 1 , prior to the start of production for the 1 996
model year.
(6) Engine Preparation and Preconditioning.
(A) The engine shall be tested after the manufacturer has determined
that the emissions have stabilized. Engine manufacturers shall report the
break-in schedule used on each test engine.
The manufacturer shall submit to the Executive Officer the schedule
for hours of use accumulation or engine run-in and any changes to the
schedule with each quarterly report.
(B) If an engine is shipped to a remote facility for quality-audit testing,
and adjustment or repair is necessary because of such shipment, the man-
ufacturer shall perform the necessary adjustments or repairs only after
the initial test of the engine. Exceptions are allowed in the cases where
the damage results in the engine being unsafe to operate, inoperable, or
unable to complete the emission test. Additionally, an exception is al-
lowed if the damage results in engine performance deficiencies which
would be obvious in customer service and which would cause the cus-
tomer to seek repair of the engine.
Manufacturers shall report to the Executive Officer in the quarterly re-
port, all adjustments or repairs performed on engines prior to each test.
In the event a retest is performed, an application may be made to the Ex-
ecutive Officer, within ten days of the emission test, for permission to
substitute the after-repair test results for the original test results. When
requested by the manufacturer, the Executive Officer will either affirm
or deny the application within ten working days from receipt of the re-
quest.
(C) If a manufacturer determines that the emission test results of an en-
gine are invalid, the engine must be retested. Emission results from all
tests shall be reported. The manufacturer shall include a detailed report
on the reasons for each invalidated test in the quarterly report.
(7) Quality-Audit Engine Selection Criteria.
(A) Engines shall be representatively selected.
Page 298.2(j)
Register 2005, No. 49; 12-9-2005
Title 13
Air Resources Board
§2430
•
•
(B) At the end of each calendar quarter, all of the data accumulated
during the quarter shall be reported to the Executive Officer. Upon accu-
mulation of sufficient data, the compliance of the engine family group
with the emission standards is determined.
(8) Standards and Test Procedures; Evaluation.
The exhaust sampling and analytical procedures shall be those de-
scribed in the 1 996-1999 Heavy-Duty Test Procedures. An engine fami-
ly group is considered to have failed the quality audit test if the average
emissions do not comply with the applicable certification standards. Any
corrective action to bring the engines into compliance with the standards
must be applied to all engines in the engine family group reasonably ex-
pected to be in noncompliance based on the audit data and other relevant
information.
(9) Reports.
Each engine manufacturer shall submit a report to the ARB within 45
calendar days of the end of each calendar quarter and of the model year.
More frequent reports may be required if the Executive Officer invokes
this section at the end of each month. Each engine manufacturer shall re-
view the test results of each engine family group at the end of each month.
The quarterly report shall include the following:
(A) The total production and sample size for each engine family group.
(B) A description of each test engine (i.e., date of test, engine family
group, engine size, engine identification number, fuel system, engine
code or calibration number, and test location).
(C) The break-in schedule used on each test engine.
(D) The exhaust emission data for HC, CO, NOx, and PM for each test
engine.
The data reported shall be rounded to one significant figure beyond the
number of significant figures in the applicable standard as follows for all
engines:
HC CO NOx PM
.XX .XX .XX .XXX
(E) The retest emissions data, as described in paragraph (b)(6)(C)
above for any engine failing the initial test, and description of the correc-
tive measures taken, including specific components replaced or adjusted.
(F) A statistical analysis of the quality-audit test results stating:
1. Number of engines tested.
2. Average emissions and standard deviations of the sample for HC,
CO, NOx, and PM.
(G) All aborted test data and reasons for any aborted tests.
(10) When assembly-line engines exceed an emission standard, as set
forth herein, or when data submitted by the manufacturer indicates that
assembly-line quality-audit testing is being improperly performed, the
manufacturer may be subject to being enjoined from any further sales of
such products in the State of California pursuant to Section 43017 of the
Health and Safety Code. Prior to seeking to enjoin a manufacturer, the
Executive Officer shall consider any information provided by the man-
ufacturer, including any corrective action to the noncomplying engine
family group. Enforcement penalties shall be imposed only for egregious
violations (e.g., those situations where emissions from a few engines sig-
nificantly exceed emission standards, or where the number of engines ex-
ceeding the emissions standards are significant).
(c) Selective Enforcement Audit.
(1)(A) The 2000 and later model year Tier 1, Tier 2, and Tier 3 off-
road compression-ignition engines certified for sale in California shall
be subject to the Selective Enforcement Audit requirements specified in
Subpart F of the 2000 Plus Limited Test Procedures.
(B) The 2008 and later model year Tier 4 off-road compression-igni-
tion engines certified for sale in California shall be subject to the Selec-
tive Enforcement Audit requirements specified in Subpart E of Part 1068
of the 2008 and Later Test Procedures.
(2) These procedures specify the Selective Enforcement Audit test
procedures in conjunction with the 2000 Plus Limited Test Procedures
and the 2000 and Later Test Procedures. An engine is in compliance with
these Selective Enforcement Audit standards and test procedures only
when all portions of these Selective Enforcement Audit test procedures
are fulfilled.
(3) Air Resources Board (ARB) personnel and mobile laboratories
shall have access to engine or equipment assembly plants, distribution fa-
cilities, and test facilities for the purpose of engine selection, testing, and
observation. Scheduling of access shall be arranged with the designated
manufacturer's representative and shall not unreasonably disturb normal
operations.
(d) Any manufacturer obtaining certification under this part shall sup-
ply to the Executive Officer, upon request, a reasonable number of pro-
duction engines selected by the Executive Officer which are representa-
tive of the engines, emission control systems, fuel systems, and
transmissions offered and typical of production models available for sale
under the certificate. These engines shall be supplied for testing at such
time and place and for such reasonable periods as the Executive Officer
may require. Heavy-duty engines supplied under this paragraph may be
required to be mounted in chassis and appropriately equipped for opera-
tion on a chassis dynamometer.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018, 43101. 43102,
43104 and 43105, Health and Safety Code. Reference: Sections 43013, 43017,
43018, 43101, 43102, 43104 and 43210-43212, Health and Safety Code.
History
1 . New article 4 and section filed 6-9-93; operative 7-9-93 (Register 93, No. 24).
2. Change without regulatory effect repealing article heading and amending Note
filed 12-22-93 pursuant to title 1, section 100, California Code of Regulations
(Register 93, No. 52).
3. Amendment of section heading, section and Note filed 1 2-28-2000; operative
1 2-28-2000 pursuant to Government Code section 1 1343.4(d) (Register 2000,
No. 52).
4. Redesignation and amendment of former subsection (c)(1) as subsection
(c)(1)(A), new subsection (c)(1)(B) and amendment of subsection (c)(2) filed
12-7-2005; operative 1-6-2006 (Register 2005, No. 49).
Article 4.5. Off-Road Large Spark-Ignition
Engines
§ 2430. Applicability.
(a)(1) This article applies to large off-road spark-ignition engines 25
horsepower and greater produced on or after January 1, 2001 and all
equipment and vehicles produced on or after January 1, 2001 that use
such engines. Beginning January 1, 2007, this article applies to large off-
road spark-ignition engines above 19 kilowatt (kW) and all equipment
and vehicles that use such engines.
(2) Every new off-road large spark-ignition (LSI) engine that is
manufactured for sale, sold, or offered for sale in California, or that is
introduced, delivered or imported into California for introduction into
commerce and that is subject to any of the standards prescribed in this
article and documents incorporated by reference therein, must be certi-
fied for use and sale by the manufacturer through the Air Resources
Board and covered by an Executive Order, issued pursuant to Chapter 9,
Article 4.5, Section 2433.
(3) This article does not apply to engines in vehicles that are subject
to requirements of Title 13, California Code of Regulations, Chapter 9,
Article 3, Off-Highway Recreational Vehicles and Engines, including
any related provisions and guidelines that are applicable to Off-Highway
Recreational Vehicles and Engines.
(b) Each part of this article is severable, and in the event that any part
of this chapter or article is held to be invalid, the remainder of the article
remains in full force and effect.
(c) This article and documents incorporated by reference herein in-
clude provisions for emissions certification, labeling requirements, war-
ranty, in-use compliance testing, and production line testing.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and
43104, Health and Safety Code. Reference: Sections 43013, 43017, 4301 8, 43101,
43102, 43104, 43105, 43150, 43151, 43152, 43153, 43154, 43205.5, 43210,
43210.5, 4321 1 and 43212, Health and Safety Code.
History
1. New article 4.5 (sections 2430-2439) and section filed 10-19-99; operative
1 1-18-99 (Register 99, No. 43).
Page 298.2(k)
Register 2007, No. 15; 4-13-2007
§2431
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
2. Amendment of subsection (a)(1), new subsection (a)(3) and amendment of
Note filed 4-12-2007; operative 5-12-2007 (Register 2007, No. 15).
§2431. Definitions.
DEFINITIONS
(a) The definitions in Section 1900(b), Chapter 1, Title 13 of the
California Code of Regulations apply to this Article with the following
additions:
(1) "Alternate Fuel" means any fuel that will reduce non-methane hy-
drocarbons (on a reactivity-adjusted basis), NOx, CO, and the potential
risk associated with toxic air contaminants as compared to gasoline or
diesel fuel and would not result in increased deterioration of the engine.
Alternate fuels include, but are not limited to, methanol, ethanol, lique-
fied petroleum gas, compressed natural gas, and electricity.
(2) "ARB Enforcement Officer" means any officer or employee of the
Air Resources Board so designated in writing by the Executive Officer
or by the Executive Officer's designee.
(3) "Assembly-Line Tests" are those tests or inspections that are per-
formed on or at the end of the assembly-line.
(4) "Basic Engine" means an engine manufacturer's description of
their unique combination of engine displacement, number of cylinders,
fuel system, emission control system, and other engine and emission con-
trol system characteristics as determined or specified by the Executive
Officer.
(5) "Calendar Year" is the twelve month period commencing on Janu-
ary 1 through December 31.
(6) "Certification Value" means the product of the measured emis-
sions of the prototype engine at zero hours and the (calculated or as-
signed) deterioration factor.
(7) "Complete Engine Assembly" or "Engine Configuration" means
an assembly of a basic engine and all of the specific applicable compo-
nents (e.g., air intake, fuel and exhaust systems, etc.) and calibrations
(e.g., carburetor jet size, valve timing, electronic software/firmware,
etc.) required for the assembly to be installed in new equipment.
(8) "Confirmatory testing" means ARB directed emissions tests and
inspections of the test engines and/or test equipment used by the
manufacturer to obtain test data for submittal with the certification ap-
plication. The emissions tests may be conducted at ARB, contracted out
facilities or at the manufacturer's facility. The testing will be done at the
expense of the manufacturer.
(9) "Crankcase Emissions" means airborne substances emitted into
the atmosphere from any portion of the engine crankcase ventilation or
lubrication system.
(10) "Deterioration Factor" means the calculated or assigned number
that represents the certification engine's emissions change over the dura-
bility period. It is multiplied by zero hour (new) engine test results to de-
termine the engine family compliance level. The deterioration factor is
determined as per the Test Procedures. See "Emission Durability Period"
below.
(11) "Emission Control System" includes any component, group of
components, or engine modification that controls or causes the reduction
of substances emitted from an engine.
(12) "Emissions Durability Period" is the period over which, for pur-
poses of certification, a manufacturer must demonstrate compliance with
the standards set forth in Section 2433(b). The durability periods are also
noted in the table in Section 2433(b). The emissions durability period is
used to detrmine an engine family's deterioration factors.
(13) "Emissions Durability Values" means emissions from an engine
that has accumulated service equivalent to the engine' s emission durabil-
ity period, or the result of the product of the zero hour (new) engine test
results and the appropriate deterioration factor (e.g., the certification val-
ues). The Executive Officer must approve the methods of service accu-
mulation before the manufacturer begins service accumulation.
(14) "End of Assembly-Line" is defined as that place where the final
inspection test or production line test is performed.
(15) "Engine Family" is a subclass of a basic engine based on similar
emission characteristics. The engine family is the grouping of engines
that is used for the purposes of certification.
(16) "Engine Manufacturer" means the manufacturer granted certifi-
cation.
(17) "Equipment Manufacturer" means the manufacturer using the en-
gine provided by the engine manufacturer to power equipment or ve-
hicle.
(18) "Exhaust Emissions" means substances emitted into the atmo-
sphere from any opening downstream from the exhaust port of an engine.
(19) "Family Emission Level or FEL" means an emission level that is
declared by the manufacturer to serve for the averaging, banking, and
trading program and in lieu of an emission standard for certification. The
FEL serves as the engine family's emission standard for emissions com-
pliance efforts. If the manufacturer does not declare an FEL for an engine
family, the applicable emissions standard must be treated as that engine
family's FEL for the purposes of any provision of this Article. The FEL
must be expressed to the same number of decimal places as the applicable
emission standard.
(20) "Final Calendar Quarter Production" is defined as the calendar
quarter in which the production of an engine family ends.
(21) "First Calendar Quarter Production" is defined as the calendar
quarter in which the production of an engine family begins.
(22) "Fuel System" means the combination of any of the following
components: fuel tank, fuel pump, fuel lines, carburetor or fuel injection
components, or all fuel system vents.
(23) "Gross Engine Malfunction" is defined as one yielding an emis-
sion value greater than the sum of the mean plus three (3) times the stan-
dard deviation. This definition applies only for determination of control
limits.
(24) "Model year" means the manufacturer's annual production peri-
od which includes January I of a calendar year or, if the manufacturer has
no annual production period, the calendar year.
(25) "New Engine" is defined as an engine's ownership has not been
transferred to the ultimate consumer.
(26) "New Engine Compliance testing" means ARB directed emis-
sions tests and inspections of a reasonable number of production engines
and/or equipment that are offered for sale, or manufactured for sale, in
California in order to verify compliance with the applicable emission
standards. The emissions tests must be conducted at a qualified testing
facility. The testing facility is chosen by the manufacturer and approved
by the Executive Officer. This may include ARB facilities, contracted out
facilities, or the manufacturer's facility. The testing will be done at the
expense of the manufacturer.
(27) "New Equipment" means an equipment's ownership has not been
transferred to the ultimate consumer.
(28) "Off-Road Large Spark-ignition Engines" or "LSI Engines"
means any engine that produces a gross horsepower 25 and greater horse-
power or is designed (e.g., through fueling, engine calibrations, valve
timing, engine speed modifications, etc.) to produce 25 and greater
horsepower (greater than 19 kilowatts on or after January 1, 2007). If an
engine family has models at or above 25 horsepower and models below
25 horsepower, only the models at or above 25 horsepower (greater than
19 kilowatts on or after January 1, 2007) would be considered LSI en-
gines. The engine's operating characteristics are significantly similar to
the theoretical Otto combustion cycle with the engine's primary means
of controlling power output being to limit the amount of air that is
throttled into the combustion chamber of the engine. LSI engines or alter-
nate fuel powered LSI internal combustion engines are designed for pow-
ering, but not limited to powering, forklift trucks, sweepers, generators,
and industrial equipment and other miscellaneous applications. All en-
gines and equipment that fall within the scope of the preemption of Sec-
tion 209(e)(1)(A) of the Federal Clean Air Act, as amended, and as de-
fined by regulation of the Environmental Protection Agency, are
specifically excluded from this category.
[The next page is 298.3.
Page 298.2(1)
Register 2007, No. 15; 4-13-2007
Title 13
Air Resources Board
§2433
Specifically excluded from this category are: 1) engines operated on
or in any device used exclusively upon stationary rails or tracks; 2) en-
gines used to propel marine vessels; 3) internal combustion engines at-
tached to a foundation at a location for at least 1 2 months; 4) off-road rec-
reational vehicles and snowmobiles; and 5) stationary or transportable
gas turbines for power generation.
(29) "Off-Road Vehicle" or "Off-Road Equipment" means any non-
stationary device, powered by an internal combustion engine or motor,
used primarily off the highways to propel, move, or draw persons or
property including any device propelled, moved, or drawn exclusively
by human power, and used in, but not limited to, any of the following ap-
plications: Marine Vessels, Construction/Farm Equipment, Locomo-
tives, Small Off-Road Engines, Off-Road Motorcycles, and Off-High-
way Recreational Vehicles.
(30) "Otto Cycle Engine" means a type of engine with operating char-
acteristics significantly similar to the theoretical Otto combustion cycle.
The primary means of controlling power output in an Otto cycle engine
is by limiting the amount of air and fuel which can enter the combustion
chambers of the engine. As an example, gasoline-fueled engines are Otto
cycle engines.
(31 ) "Production Line Test" is defined as the emissions test performed
on a sample of production engines produced for sale in California and
conducted according to the Test Procedures.
(32) "Representative Engine Sample" means that the sample is typical
of the engine family or engine family group as a whole (as defined in the
Test Procedures). Except as provided in Section 2437, a representative
sample would not include a low volume subgroup of the engine family
or engine family group.
(33) "Scheduled Maintenance" means any adjustment, repair, remov-
al, disassembly, cleaning, or replacement of equipment or engine compo-
nents or systems required by the manufacturer that is performed on a peri-
odic basis to prevent part failure or equipment or engine malfunction, or
anticipated as necessary to correct an overt indication of equipment or en-
gine malfunction or failure for which periodic maintenance is not ap-
propriate.
(34) "Small Volume Manufacturer" means an engine manufacturer
that produces a total of less than 2000 large spark-ignition engines annu-
ally for sale in the United States.
(35) "Test Procedures" means the procedures specified in both Part I
and Part II of the "California Exhaust Emission Standards and Test Pro-
cedures for New 2001 and Later Off-Road Large Spark-ignition En-
gines", and as specified in Section 2433(c).
(36) "Test Sample" means the collection of engines selected from the
population of an engine family for emission testing.
(37) "Ultimate Purchaser" means the first person who in good faith
purchases a new LSI engine or equipment using such engine for purposes
other than resale.
(38) "Unscheduled Maintenance" means any inspection, adjustment,
repair, removal, disassembly, cleaning, or replacement of engine, equip-
ment or vehicle components or systems that is performed to correct or
diagnose a part failure or equipment or vehicle (if the engine were
installed in a vehicle) malfunction that was not anticipated.
(39) "Useful life" means a period of 7 years or 5000 hours of operation,
whichever first occurs for engines having engine displacement greater
than 1 .0-liter, and 2 years or 1,000 hours of operations, whichever occurs
first, for engines having engine displacement equal to or less than 1 .0-li-
ter. However, in no case may this period be less than the manufacturer's
basic mechanical warranty period for the engine family.
(40) "Warrantable Condition" means any condition of an engine that
requires the manufacturer to take corrective action pursuant to Section
2435.
(41) "Warranted Part" means any emissions-related part installed on
a engine by the equipment or engine manufacturer, or installed in a war-
ranty repair, which is listed on the warranty parts list.
(42) "Warranty Period" means the period of time, either in years or
hours of operation, that the engine or part is covered by the warranty pro-
visions.
(43) "Warranty Station" means a service facility authorized by the
equipment or engine manufacturer to perform warranty repairs. This in-
cludes all manufacturer distribution centers that are franchised to service
the subject equipment or engines.
NOTE: Authority cited: Sections 39600, 39601. 43013, 43018, 43101, 43102 and
43 1 04, Health and Safety Code. Reference: Sections 4301 3, 43017, 4301 8, 431 01 ,
43102, 43104, 43105, 43150, 43151, 43152, 43153, 43154, 43205.5, 43210,
43210.5, 4321 1 and 43212, Health and Safety Code.
History
1. New section filed 10-19-99: operative 11-18-99 (Register 99, No. 43).
2. New subsection (a)(19), subsection renumbering, amendment of newly desig-
nated subsection (a)(28) and amendment of Note filed 4-12-2007; operative
5-12-2007 (Register 2007, No. 15).
§ 2432. Test Procedures.
Test procedures referred to in this chapter may be obtained from the
State Air Resources Board at 9528 Telstar Avenue, El Monte, California
91731.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018, 43101. 43102 and
43 1 04, Health and Safety Code. Reference: Sections 4301 3, 4301 7, 4301 8, 43 1 01 .
43102, 43104, 43105, 43150-43154, 43205.5 and 43210-43212, Health and Safe-
ty Code.
History
1. New section filed 10-19-99; operative 11-18-99 (Register 99, No. 43).
§ 2433. Emission Standards and Test Procedures —
Off-Road Large Spark-Ignition Engines.
(a) This section applies to new off-road large spark-ignition engines
produced on or after January 1, 2001. For the purpose of this section,
these engines are also referred to as "new off-road LSI engines."
(b) Standards.
(1)(A) Exhaust Emission Standards. Exhaust emissions from off-road
large spark-ignition engines manufactured for sale, sold, or offered for
sale in California, or that are introduced, delivered or imported into
California for introduction into commerce, must not exceed:
Exhaust Emission Standards
(grams per brake horsepower-hour)
[grams per kilowatt-hour]^)
Hydrocarbon
Engine Durability plus Oxides of
Model Year Displacement Period Nitrogen Carbon
Monoxide
410
[549]
37.0
[49.6]
37.0
[49.6]
3.3
[4.4]
15.4
[20.6]
Note: C) For 2006 and previous model years, standards in grams per kilowatt-hour
are given only as a reference. For 2007 and subsequent model years, pollutant
emissions reported to ARB by manufacturers must be in grams per kilowatt-hour.
(2) Small volume manufacturers are not required to comply with these emission
standards.
(3) Manufacturers must show that at least 25 percent of its California engine sales
comply with the standards in 2001, 50 percent in 2002, and 75 percent in 2003.
(4) The standards for in-use compliance for engine families certified to the stan-
dards in the row noted are 4.0 g/bhp-hr (5.4 g/kW-hr) hydrocarbon plus oxides
of nitrogen and 50.0 g/bhp-hr (67.0 g/kW-hr) carbon monoxide, with a useful life
of 5000 hours or 7 years. In-use averaging, banking, and trading credits may be
generated for engines tested in compliance with these in-use compliance stan-
2002 and < 1.0 liter
subsequent
1,000 hours
or 2 years
9.0
[12.0]
2001- > 1.0 liter
2003<2>.(3)
N/A
3.0
[4.0]
2004-2006(4) > 1.0 liter
3500 hours
or 5 years
3.0
[4.0]
2007-2009 > 1.0 liter
5000 hours
or 7 years
2.0
[2.7]
2010 and > 1.0 liter
subsequent^5)
5000 hours
or 7 years
0.6
[0.8]
Page 298.3
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§2433
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
dards. If the in-use compliance level is above 3.0 but does not exceed 4.0 g/bhp-hr
hydrocarbon plus oxides of nitrogen or is above 37.0 but does not exceed 50.0
g/bhp-hr carbon monoxide, and based on a review of information derived from a
statistically valid and representative sample of engines, the Executive Officer de-
termines that a substantial percentage of any class or category of such engines ex-
hibits within the warranty periods noted in Section 2435, an identifiable, systemat-
ic defect in a component listed in that section, which causes a significant increase
in emissions above those exhibited by engines free of such defects and of the same
class or category and having the same period of use and hours, then the Executive
Officer may invoke the enforcement authority under Section 2439, Title 13,
California Code of regulations to require remedial action by the engine manufac-
turer. Such remedial action is limited to owner notification and repair or replace-
ment of defective components, without regard to the requirements set forth in Sec-
tion 2439(b)(5) or Section 2439(c)(5)(B)(vi). As used in the section, the term
"defect" does not include failures that are the result of abuse, neglect, or improper
maintenance.
(5) For severe-duty engines, the HC+NOx standard is 2.7 g/kW-hr and the CO
standard is 1 30.0 g/kW-hr.
(6) Small volume manufacturers are required to comply with these emission stan-
dards in 2013.
(B) For the 2007 through 2009 model years, you may alternatively cer-
tify your engines according to the following formula instead of the stan-
dards in paragraph (b)(1)(A) of this section:
(HC+NOx) x CO0784 < 8.57.
Where: HC + NOx = hydrocarbon plus oxides of nitrogen family
emissions level (FEL) in g/kW-hr
CO = carbon monoxide FEL in g/kW-hr
The HC+NOx and CO emission levels selected to satisfy this formula,
rounded to the nearest 0.1 g/kW-hr, become the emission standards that
apply for those engines. You may not select an HC+NOx FEL higher than
2.7 g/kW-hr or a CO FEL higher than 20.6 g/kW-hr.
(C) Field Testing Standards. The field testing standards for model year
2007 and subsequent off-road large spark-ignition engines are described
in subpart F, Title 40 CFR Sections 1048.101(c), as adopted July 13,
2005.
(2)(A) Optional Exhaust Emission Standards. Manufacturers may
certify off-road large spark-ignition engines manufactured for sale,
sold, or offered for sale in California, or that are introduced, delivered or
imported into California for introduction into commerce to the following
optional low emission standards.
Optional Exhaust Emission Standards
(grams per brake horsepower-hour)
[grams per kilowatt-hour]^)
Model Year
Engine
Displacement
Durability
Period
HC+NOx
Carbon
Monoxide
2007-2009
> 1.0 liter
5000 hours
or 7 years
1.5
[2.0]
4.8
[6.4]
2007-2009
> 1 .0 liter
5000 hours
or 7 years
1.0
[1.3]
8.3
[11.1]
2007-2009
> 1.0 liter
5000 hours
or 7 years
0.6
[0.8]
15.4
[20.6]
2007-2009
> 1.0 liter
5000 hours
or 7 years
0.4
[0.5]
15.4
[20.6]
2007-2009
> 1.0 liter
5000 hours
or 7 years
0.2
[0.3]
15.4
[20.6]
2007-2009
> 1.0 liter
5000 hours
or 7 years
0.1
[0.1]
15.4
[20.6]
2010 and
subsequent
> 1.0 liter
5000 hours
or 7 years
0.4
[0.5]
15.4
[20.6]
2010 and
subsequent
> 1 .0 liter
5000 hours
or 7 years
0.2
[0.3]
15.4
[20.6]
2010 and
subsequent
> 1 .0 liter
5000 hours
or 7 years
0.1
[0.1]
15.4
[20.6]
Note: O Pollutant emissions reported to ARB by manufacturers must be in grams
per kilowatt-hour.
(B) Field Testing Standards. The field testing standards for optional
emission standard off-road large spark-ignition engines shall be 140
percent of the corresponding OLES HC+NOx standard and 150 percent
of the corresponding OLES CO standard, rounded to the nearest tenth of
one gram, using the field testing procedures described in subpart F, Title
40 CFR Section 1048.101(c), as adopted July 13, 2005.
(3) Crankcase Emissions. No crankcase emissions shall be discharged
into the ambient atmosphere from any new 2001 or later model year off-
road LSI engines.
(4) Evaporative Emission Standards. Starting in the 2007 model year,
engines over one liter that run on a volatile liquid fuel (such as gasoline),
must meet the following evaporative emissions standards and require-
ments:
(A) Evaporative hydrocarbon emissions may not exceed 0.2 grams per
gallon of fuel tank capacity when measured with the test procedures for
evaporative emissions as described in subpart F, Title 40 Code of Federal
Regulations (CFR) Sec.1048, as adopted July 13, 2005.
(B) For nonmetallic fuel lines, you must specify and use products that
meet the Category 1 specifications in SAE J2260 (issued November
1996).
(C) Liquid fuel in the fuel tank may not reach boiling during continu-
ous engine operation in the final installation at an ambient temperature
of 30° C. Note that gasoline with a Reid vapor pressure of 62 kPa (9 psi)
begins to boil at about 53° C.
(D) Design-based certification as described in subpart F, Title 40 CFR
Sections 1048.105 and 1048.245, as adopted July 13, 2005, may be used
instead of generating new emission data.
(c) Test Procedures. The test procedures for determining certification
and compliance with the standards for exhaust emissions from new mod-
el year 2001 through 2006 off-road LSI engines with engine displace-
ment greater than 1 .0 liter sold in the state are set forth in "California Ex-
haust Emission Standards and Test Procedures for New 2001 through
2006 Off-Road Large Spark-ignition Engines, Parts 1 and II," adopted
September 1, 1999, and as last amended March 2, 2007. The test proce-
dures for determining certification and compliance with the standards for
exhaust and evaporative emissions from new model year 2007 through
2009 off-road LSI engines with engine displacement greater than 1 .0 li-
ter sold in the state are set forth in "California Exhaust and Evaporative
Emission Standards and Test Procedures for New 2007 through 2009
Off-Road Large Spark-ignition Engines (2007-2009 Test Procedure
1048)," adopted March 2, 2007. The test procedures for determining cer-
tification and compliance with the standards for exhaust and evaporative
emissions from new model year 2010 and subsequent off-road LSI en-
gines with engine displacement greater than 1.0 liter sold in the state are
set forth in "California Exhaust and Evaporative Emission Standards and
Test Procedures for New 20 10 and Later Off-Road Large Spark-ignition
Engines (2010 and Later Test Procedure 1 048)," adopted March 2, 2007.
The test procedures for determining compliance with the standards for
exhaust and evaporative emissions for new model year 2007 and subse-
quent off-road LSI engines with engine displacement greater than 1 .0 li-
ter sold in the state are set forth in the "California Exhaust and Evapora-
tive Emission Standards and Test Procedures for New 2007 and Later
Off-Road Large Spark-Ignition Engines (Test Procedures 1065 and
1068)", adopted March 2, 2007.
(d) The test procedures for determining certification and compliance
with the standards for exhaust emissions from new off-road LSI engines
with engine displacement equal to or less than 1.0 liter sold in the state
are set forth in "California Exhaust Emission Standards and Test Proce-
dures for 1995-2004 Small Off-Road Engines," as last amended July 26,
2004 or "California Exhaust Emission Standards and Test Procedures for
2005 and Later Small Off-Road Engines," adopted July 26, 2004.
(e) Replacement Engines.
(1) [Reserved]
(2)(A) Beginning in 2004, a new off-road large spark-ignition engine
intended solely to replace an engine in a piece of off-road equipment that
was originally produced with an engine manufactured prior to the appli-
Page 298.4
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Title 13
Air Resources Board
§2434
cable implementation date as described in paragraph (b), shall not be sub-
ject to the emissions requirements of paragraph (b) provided that:
(i) The engine manufacturer has ascertained that no engine produced
by itself or the manufacturer of the engine that is being replaced, if differ-
ent, and certified to the requirements of this article, is available with the
appropriate physical or performance characteristics to repower the
equipment; and
(ii) Unless an alternative control mechanism is approved in advance
by the Executive Officer, the engine manufacturer or its agent takes own-
ership and possession of the engine being replaced; and
(iii) The replacement engine is clearly labeled with the following lan-
guage, or similar alternate language approved in advance by the Execu-
tive Officer:
THIS ENGINE DOES NOT COMPLY WITH CALIFORNIA OFF-
ROAD OR ON-HIGHWAY EMISSION REQUIREMENTS. SALE OR
INSTALLATION OF THIS ENGINE FOR ANY PURPOSE OTHER
THAN AS A REPLACEMENT ENGINE IN AN OFF-ROAD VE-
HICLE OR PIECE OF OFF-ROAD EQUIPMENT WHOSE ORIGI-
NAL ENGINE WAS NOT CERTIFIED IS A VIOLATION OF
CALIFORNIA LAW SUBJECT TO CIVIL PENALTY.
(B) At the beginning of each model year, the manufacturer of replace-
ment engines must provide, by engine model, an estimate of the number
of replacement engines it expects to produce for California for that model
year.
(C) At the conclusion of the model year, the manufacturer must pro-
vide, by engine model, the actual number of replacement engines pro-
duced for California during the model year, and a description of the
physical or performance characteristics of those models that indicate that
certified replacement engine(s) were not available as per paragraph (A).
NOTE-. Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and
43104, Health and Safety Code. Reference: Sections 4301 3, 4301 7, 43018, 431 01 ,
43102, 43104, 43105, 43150, 43151, 43152, 43153, 43154, 43205.5, 43210,
43210.5, 43211 and 43212, Health and Safety Code.
History
1. New section filed 10-19-99; operative 1 1-18-99 (Register 99, No. 43).
2. Amendment of section heading, section and Note filed 4-12-2007; operative
5-12-2007 (Register 2007, No. 15).
§ 2434. Emission Control Labels — 2001 and Later
Off-Road Large Spark-Ignition Engines.
(a) Purpose.
The Air Resources Board recognizes that certain emissions-critical or
emissions-related parts must be properly identified and maintained in or-
der for engines to meet the applicable emission standards. The purpose
of these specifications is to require engine manufacturers to affix a label
(or labels) on each production engine (or equipment) to provide the en-
gine or equipment owner and service mechanic with information neces-
sary for the proper maintenance of these parts in customer use.
(b) Applicability. This section applies to:
(1) 2001 and later model year off-road LSI engines with engine dis-
placement greater than 1 .0 liter, that have been certified to the applicable
emission standards pursuant to Section 2433(b).
(2) Engine manufacturers and original equipment manufacturers, as
applicable, that have certified such engines.
(3) Original equipment manufacturers, regardless of whether they
have certified the engine, if their equipment obscures the emission con-
trol labels of such certified engines.
(4) 2002 and later model year off-road LSI engines with engine dis-
placement less than or equal to 1 .0 liter must comply with the applicable
labeling specifications set forth in the California Code of Regulations,
Title 13, Section 2404.
(c) Label Content and Location.
( 1 ) A tune-up label made of a permanent material must be welded, riv-
eted or otherwise permanently attached to the engine block or other major
component in such a way that it will be readily visible after installation
of the engine in the equipment. If the equipment obscures the label on the
engine, the equipment manufacturer must attach a supplemental label
such that it is readily visible.
(2) In selecting an acceptable location, the manufacturer must consider
the possibility of accidental damage (e.g., possibility of tools or sharp
instruments coming in contact with the label). Each label must be affixed
in such a manner that it cannot be removed without destroying or defac-
ing the label, and must not be affixed to any part which is likely to be re-
placed during the equipment's useful life. The label(s) must not be af-
fixed to any component which is easily detached from the engine.
(3) In addition, an engine serial number and date of engine manufac-
ture (month and year) must be stamped on the engine block or stamped
on a metal label riveted or permanently attached to the engine block. En-
gine manufacturers must keep records such that the engine serial number
can easily be used to determine if an engine was certified for the applica-
ble model year. Alternative engine serial number identification methods
or tracking number may be allowed with prior approval from the Execu-
tive Officer.
(4) The label must be in the English language and use block letters and
numerals which must be of a color that contrasts with the background of
the label.
(5) The label must contain the following information:
(A) The label heading must read:
"Important Engine Information."
(B) Full corporate name and trademark of the manufacturer.
(C) "THIS ENGINE IS CERTIFIED TO OPERATE ON (specify op-
erating fuel(s))."
(D) Identification of the Exhaust Emission Control System. Abbrevi-
ations may be used and must conform to the nomenclature and abbrevi-
ations found in the Society of Automotive Engineers document J1930
which is incorporated by reference in Section 1977, Title 13, CCR, en-
titled "Electrical/Electronic Systems Diagnostic Terms, Definitions, Ab-
breviations, and Acronyms".
(E) The maintenance specifications and adjustments recommended by
the engine manufacturer, including, as applicable: spark plug gap width,
valve lash, ignition timing, idle air/fuel mixture setting procedure and
value (e.g., idle CO, idle speed drop), and high idle speed. These specifi-
cations must indicate the proper transmission position, (if applicable),
during tune-up and what accessories, if any, should be in operation, and
what systems, if any (e.g., vacuum advance, air pump), should be discon-
nected during the tune-up. If the manufacturer does not recommend ad-
justment of the foregoing specifications, the manufacturer must include
in lieu of the "specifications" the single statement "No other adjustments
needed." For all engines, the instructions for tune-up adjustments must
be sufficiently clear on the label to preclude the need for a mechanic or
equipment owner to refer to another document in order to correctly per-
form the adjustments.
(F) Any specific fuel or engine lubricant requirement (e.g., research
octane number, engine lubricant type).
(G) An unconditional statement of compliance with the appropriate
model year (for 2001-2003) or (2004 and subsequent) California regula-
tions; for example, "This engine conforms to 2002 California regulations
for off-road large spark-ignition engines and is certified to 3.0 g/bhp-hr
HC+NOx and 37 g/bhp-hr CO." or "This engine conforms to 2007
California regulations for off-road large spark-ignition engines and is
certified to 0.8 g/kW-hr [0.6 g/bhp-hr] HC+NOx and 20.6 g/kW-hr
[15.4 g/bhp-hr] CO."
(H) Total engine displacement (in cubic inches and/or liters) of the en-
gine upon which the engine label is attached.
(I) The engine family identification (i.e., engine family name and
manufacturer's own engine group/code).
(6)(A) The manufacturer of any engine certified with a clean fuel (i.e.
natural gas ) must at the time of engine manufacture, affix a permanent
legible label specifying the appropriate operating fuel(s).
(B) The label must be located immediately adjacent to each fuel tank
filler inlet and outside of any filler inlet compartment. It must be located
so that it is readily visible to any person introducing fuel to such filler in-
Page 298.5
Register 2007, No. 15; 4-13-2007
§2435
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
let; provided, however, that the Executive Officer must upon application
from an engine manufacturer, approve other label locations that achieve
the purpose of this paragraph. If the engine is manufactured separately
from the equipment, the label must be affixed to the engine and located
so that it is readily visible. Such labels must be in English and in block
letters which must be of a color that contrasts with their background.
(d) An engine label may state that the engine or equipment conforms
to any applicable federal emission standards for new engines, or any oth-
er information that such manufacturer deems necessary for, or useful to,
the proper operation and satisfactory maintenance of the equipment or
engine.
(e) Supplemental Engine Label Content and Location.
(1) When a final equipment assembly that is marketed to any ultimate
purchaser is manufactured and the engine label attached by the engine
manufacturer is obscured (i.e., not readily visible), the manufacturer of
the final equipment assembly (i.e., original equipment manufacturer)
must attach a supplemental engine label upon the engine or equipment.
The supplemental engine label must be plastic or metal, and must be
welded, riveted or otherwise attached permanently to an area of the en-
gine or equipment assembly so as to be readily visible to the average per-
son.
(2) The manufacturer required to attach a supplemental engine label
must consider the possibility of accidental damage to the supplemental
engine label in the determination of the label location. Such a label must
not be attached to any engine or equipment component that is likely to
be replaced during the useful life of the engine or equipment (as applica-
ble). Such a label must not be attached to any engine or equipment com-
ponent that is detached easily from the engine or equipment (as applica-
ble).
(3) The supplemental engine label information must be written in the
English language and use block letters and numerals (i.e., sans serif, up-
per-case characters) that must be of a color that contrasts with the back-
ground of the label.
(4) A supplemental engine label must contain the information as speci-
fied in Subsection (c)(4), except that the date of engine manufacture spe-
cified in (c)(3) may be deleted from the supplemental engine label. When
the date of engine manufacture does not appear on the supplemental en-
gine label, the responsible original equipment manufacturer must display
(e.g., label, stamp, etc.) the date elsewhere on the engine or equipment
so as to be readily visible.
(f) As used in these specifications, readily visible to the average person
means that the label must be readable from a distance of eighteen inches
(46 centimeters) without any obstructions from equipment or engine
parts (including all manufacturer available optional equipment) except
for flexible parts (e.g., vacuum hoses, ignition wires) that can be moved
out of the way without disconnection. Alternatively, information re-
quired by these specifications to be printed on the label must be no small-
er than 8 point type size (2 millimeter in height) provided that no equip-
ment or engine parts (including all manufacturer available optional
equipment), except for flexible parts, obstruct the label.
(g) The labels and any adhesives used must be designed to withstand,
for the engine' s or equipment' s total expected life, typical equipment en-
vironmental conditions in the area where the label is attached. Typical
equipment environmental conditions must include, but are not limited to,
exposure to engine fuels, lubricants and coolants (e.g., gasoline, motor
oil, water, ethylene glycol). The manufacturer must submit, with its certi-
fication application, a statement attesting that its labels comply with
these requirements.
(h) The manufacturer must obtain approval from the Executive6B Of-
ficer for all label formats and locations prior to use. Approval of the spe-
cific maintenance settings is not required; however, the format for all
such settings and tolerances, if any, is subject to review. If the Executive
Officer finds that the information on the label is vague or subject to misin-
terpretation, or that the location does not comply with these specifica-
tions, he or she may require that the label or its location be modified ac-
cordingly.
(i) Samples of all actual production labels used within an engine fami-
ly must be submitted to the Executive Officer within thirty days after the
start of production. Engine manufacturers must provide samples of their
own applicable production labels, and samples of applicable production
original equipment manufacturer labels that are accessible to the engine
manufacturer due to the direct market arrangement between such
manufacturers.
(j) The Executive Officer may approve alternate label locations or
may, upon request, waive or modify the label content requirements pro-
vided that the intent of these specifications is met.
(k) The manufacturer of any engine must furnish to the Executive Offi-
cer, at the beginning of the model year, any engine identification number
coding system which identifies whether such engine(s) are covered by an
Executive Order.
(/)(1) If the Executive Officer finds any engine manufacturer using la-
bels that are different from those approved or that do not substantially
comply with the readability or durability requirements set forth in these
specifications, the engine manufacturer will be subject to revocation or
suspension of Executive Orders for the applicable engine families, or en-
joined from any further sales, or distribution, of such noncompliant en-
gine families, or subgroups within the engine families, in the State of
California pursuant to Section 43017 of the Health and Safety Code. Be-
fore seeking to enjoin an engine manufacturer, the Executive Officer will
consider any information provided by the engine manufacturer. In addi-
tion, the engine manufacturer may be subject to, on a per engine basis,
any and all remedies available under Part 5, Division 26 of the Health and
Safety Code, sections 43000 et seq.
(2) If the Executive Officer finds any original equipment manufacturer
using labels for which it has responsibility for attaching that are different
from those approved or that do not substantially comply with the read-
ability or durability requirements set forth in these specifications, the
equipment manufacturer will be subject to being enjoined from any fur-
ther sales, or distribution, of the applicable equipment product line that
uses such noncompliant labels in the State of California pursuant to Sec-
tion 43017 of the Health and Safety Code. Before seeking to enjoin an
equipment manufacturer, the Executive Officer will consider any in-
formation provided by the equipment manufacturer. In addition, the
equipment manufacturer may be subject to, on a per engine basis, any and
all remedies available under Part 5, Division 26 of the Health and Safety
Code, sections 43000 et seq.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43017, 43018, 43101,
43102, and 43104, Health and Safety Code. Reference: Sections 43013, 43017,
43018, 43101, 43102, 43104, 43105, 43150, 43151, 43152, 43153, 43154,
43205.5, 43210, 43210.5, 43211 and 43212, Health and Safety Code.
History
1. New section filed 10-19-99; operative 11-18-99 (Register 99, No. 43).
2. Amendment of subsection (c)(5)(G) and Note filed 4-12-2007; operative
5-12-2007 (Register 2007, No. 15).
§ 2435. Defects Warranty Requirements for 2001 and Later
Off-Road Large Spark-Ignition Engines.
(a) Applicability. This section applies to new 2001 and later model
year off-road large spark-ignition engines with engine displacement
greater than 1 .0 liter that are certified to the applicable emission stan-
dards pursuant to Section 2433(b). The warranty period begins on the
date the engine or equipment is delivered to an ultimate purchaser. The
use of alternative fuels must not void the warranties on any engine certi-
fied to use such fuel. 2002 and later model year off-road LSI engines with
engine displacement less than or equal to 1 .0 liter must comply with the
applicable warranty requirements set forth in the California Code of Reg-
ulations, Title 13, Section 2405.
(b) General Emissions Warranty Coverage. The manufacturer of each
off-road large spark-ignition engine must warrant to the ultimate pur-
chaser and each subsequent purchaser that the engine is:
(1) Designed, built, and equipped so as to conform with all applicable
regulations adopted by the Air Resources Board pursuant to its authority
in Chapters 1 and 2, Part 5, Division 26 of the Health and Safety Code;
and
Page 298.6
Register 2007, No. 15; 4-13-2007
Title 13
Air Resources Board
§2435
(2) Free from defects in materials and workmanship which cause the
failure of a warranted part to be identical in all material respects to the
part as described in the engine manufacturer's application for certifica-
tion for a period of:
(A) 2 years or 1,500 hours, whichever occurs first, for 2001-2003
model year certified engines having engine displacement greater than 1 .0
liter.
(B) 3 years or 2,500 hours, whichever occurs first, for 2004 and later
model year engines having engine displacement greater than 1.0 liter.
(3) Free from defects in materials and workmanship which cause the
failure of a high-cost warranted part to be identical in all material re-
spects to the part as described in the engine manufacturer's application
for certification for 2004 and later model year engines having engine dis-
placements greater than 1 .0 liter, for a period of five years or 3,500 hours
of operation, whichever occurs first.
(A) Each manufacturer shall identify in its application for certification
the "high-priced" warranted parts which (i) are included on the Board's
"Emission Warranty Parts List" as last amended February 22, 1985, in-
corporated herein by reference, and (ii) have an individual replacement
cost, at the time of certification, exceeding the cost limit defined in sub-
section (B). The replacement cost shall include the cost of the part, labor
and standard diagnosis. The costs shall be those of the highest-cost met-
ropolitan area of California.
(B) The dollar value of a high cost part shall be based on the following
formula:
Cost Limitn = $300 * ( CPI n_2 /l 18.3)
where,
Cost Limitn is the cost limit for the applicable model year of the engine
rounded to the nearest ten dollars.
n is the model year of the new engines.
n-2 is the calendar year two years prior to the model year of the new
engines.
CPI= is the annual average nationwide urban consumer price index
published by the United States Bureau of Labor Statistics.
(C) The cost limit shall be reviewed annually by the Executive Officer.
The highest-cost metropolitan area in California shall be identified by
the Executive Officer for use in this subsection. If a manufacturer seeks
certification of an engine before the applicable annual average CPI is
available, the cost limit shall be calculated using the average of the
monthly nationwide urban CPI figures for the most recent twelve month
period for which figures have been published by the United States Bureau
of Labor Statistics.
(D) Each manufacturer shall submit to the Executive Officer the docu-
mentation used to identify the "high-priced" warranted parts required in
this subsection. The documentation shall include the estimated retail
parts costs, labor rates in dollars per hour, and the labor hours necessary
to diagnosis and replace the parts.
(4) In the absence of a device to measure hours of use, the engine must
be warranted for a period of the years noted above in subsections (2) and
(3). If a device to measure hours is used, the engine must be warranted
for the number of hours or the number of years noted above in subsec-
tions (2) and (3), whichever occurs first.
(c) The warranty on emissions-related parts must be interpreted as fol-
lows:
(1) Any warranted part that is not scheduled for replacement as re-
quired maintenance in the written instructions required by Subsection (e)
must be warranted for the warranty period defined in Subsection (b)(2)
and (b)(3). If any such part fails during the period of warranty coverage,
it must be repaired or replaced by the engine manufacturer according to
Subsection (4) below. Any such part repaired or replaced under the war-
ranty must be warranted for the remaining warranty period.
(2) Any warranted part that is scheduled only for regular inspection in
the written instructions required by Subsection (e) must be warranted for
the warranty period defined in Subsection (b)(2) and (b)(3). A statement
in such written instructions to the effect of "repair or replace as neces-
sary" must not reduce the period of warranty coverage. Any such part re-
paired or replaced under warranty must be warranted for the remaining
warranty period.
(3) Any warranted part that is scheduled for replacement as required
maintenance in the written instructions required by Subsection (e) must
be warranted for the period of time prior to the first scheduled replace-
ment point for that part. If the part fails prior to the first scheduled re-
placement, the part must be repaired or replaced by the engine manufac-
turer according to Subsection (4) below. Any such part repaired or
replaced under warranty must be warranted for the remainder of the peri-
od prior to the first scheduled replacement point for the part.
(4) Repair or replacement of any warranted part under the warranty
provisions of this article must be performed at no charge to the owner at
a warranty station.
(5) Notwithstanding the provisions of Subsection (4) above, warranty
services or repairs must be provided at all manufacturer distribution cen-
ters that are franchised to service the subject engines.
(6) The owner must not be charged for diagnostic labor that leads to
the determination that a warranted part is in fact defective, provided that
such diagnostic work is performed at a warranty station.
(7) The engine manufacturer must be liable for damages to other en-
gine components proximately caused by a failure under warranty of any
warranted part.
(8) Throughout the engine's warranty period defined in Subsection
(b)(2) and (b)(3), the engine manufacturer must maintain a supply of war-
ranted parts sufficient to meet the expected demand for such parts.
(9) Any replacement part, as defined in Section 1 900(b)(13), Title 13,
may be used in the performance of any maintenance or repairs and must
be provided without charge to the owner. It is not necessary for replace-
ment parts to be the same brand or by the same manufacturer as the origi-
nal part sold with the engine. Such use must not reduce the warranty ob-
ligations of the engine manufacturer.
(10) Add-on or modified parts, as defined in Section 1900(b)(1) and
(b)(10), Title 13, that are not exempted by the Air Resources Board may
not be used. The use of any non-exempted add-on or modified parts will,
at the discretion of the engine manufacturer, be grounds for disallowing
a warranty claim made in accordance with this article. The engine
manufacturer must not be liable under this article to warrant failures of
warranted parts caused by the use of a non-exempted add-on or modified
part.
(11) The Executive Officer may request and, in such case, the engine
manufacturer must provide, any documents that describe that manufac-
turer's warranty procedures or policies.
(d) Each manufacturer must include a copy of the following emission
warranty parts list with each new engine, using those portions of the list
applicable to the engine.
(1) Fuel Metering System
(A) Fuel injection system.
(B) Air/fuel ratio feedback and control system.
(C) Carburetor system (internal parts and/or pressure regulator or fuel
mixer or injection system).
(D) Cold start enrichment system.
(2) Air Induction System
(A) Intake manifold or air intake system.
(B) Air mass sensor assembly.
(C) Turbocharger/supercharger systems.
(3) Exhaust Gas Recirculation (EGR) System
(A) EGR valve body, and carburetor spacer if applicable.
(B) EGR rate feedback and control system.
(4) Air injection System
(A) Air pump or pulse valve.
(B) Valves affecting distribution of flow.
(C) Distribution manifold.
(5) Catalyst or Thermal Reactor System
(A) Catalytic converter.
(B) Thermal reactor.
(C) Exhaust manifold.
Page 298.7
Register 2007, No. 15; 4-13-2007
§2436
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(6) Positive Crankcase Ventilation (PCV) System.
(A) PCV Valve.
(B) Oil Filler Cap.
(7) Ignition Control System
(A) Engine Control Module (ECM).
(B) Ignition module(s).
(8) Miscellaneous items Used in Above Systems
(A) Vacuum, temperature, and time sensitive valves and switches.
(B) Sensors used for electronic controls.
(C) Hoses, belts, connectors, assemblies, clamps, fittings, tubing, seal-
ing gaskets or devices, and mounting hardware.
(D) Pulleys, belts and idlers.
(e) Each manufacturer must furnish with each new engine written
instructions for the maintenance and use of the engine by the owner. The
instructions must be consistent with this article and applicable regula-
tions contained herein.
(0 Each manufacturer must submit the documents required by Subsec-
tions (d) and (e) with the manufacturer's preliminary application for en-
gine certification for approval by the Executive Officer. Approval by the
Executive Officer of the documents required by Subsections (d) and (e)
must be a condition of certification. The Executive Officer must approve
or disapprove the documents required by Subsections (d) and (e) within
90 days of the date such documents are received from the manufacturer.
Any disapproval must be accompanied by a statement of the reasons
therefor. In the event of disapproval, the manufacturer may file for an ad-
judicative hearing under Title 17, California Code of Regulation, Divi-
sion 3, Chapter 1 , Subchapter 1 .25 to review the decision of the Executive
Officer.
(g) In the application, each manufacturer must include a statement
concerning proper maintenance of the engine to maximize emissions per-
formance. The statement must include, but not be limited to, information
on air filter care and replacement schedule, proper fueling and fuel mix-
ing, engine maintenance, and a maintenance schedule to ensure that the
owner returns to a servicing center to check for deposits, debris build-
up, etc.
NOTE: Authority cited: Sections 39600, 39601, 43013, 4301 8, 43101, 43102 and
43 1 04, Health and Safety Code. Reference: Sections 4301 3, 4301 7, 4301 8, 43 1 01 ,
43 102, 43 104, 43 105, 431 5(M3 154, 43205 .5 and 432 10-432 12, Health and Safe-
ty Code.
History
1. New section filed 10-19-99; operative 11-18-99 (Register 99, No. 43).
2. Amendment of subsection (c)(10) filed 8-29-2000; operative 9-28-2000 (Reg-
ister 2000, No. 35).
§ 2436. Emission Control System Warranty Statement.
(a) Each manufacturer must furnish a copy of the following statement
with each new off-road large spark-ignition engine with engine dis-
placement greater than 1 .0 liter, that have been certified to the applicable
emission standards pursuant to Section 2433(b), using those portions of
the statement applicable to the engine. Each manufacturer must furnish
a copy of the warranty statement as set forth in the California Code of
Regulations, Title 13, Section 2406(a) with each new off-road large
spark-ignition engine with engine displacement less than or equal to 1.0
liter, using those portions of the statement applicable to the engine.
CALIFORNIA EMISSION CONTROL WARRANTY
STATEMENT
YOUR WARRANTY RIGHTS AND OBLIGATIONS
The California Air Resources Board (and manufacturer's name, op-
tional) is pleased to explain the emission control system warranty on
your (model year(s)) (equipment type or off-road large spark-ignition)
engine. In California, new off-road large spark-ignition (LSI) engines
must be designed, built and equipped to meet the State's stringent anti-
smog standards. (Manufacturer's name) must warrant the emission con-
trol system on your engine for the periods of time listed below provided
there has been no abuse, neglect or improper maintenance of your engine.
Your emission control system may include parts such as the carburetor,
regulator or fuel-injection system, ignition system, engine computer unit
(ECM), catalytic converter and air induction system. Also included may
be sensors, hoses, belts, connectors and other emission-related assem-
blies.
Where a warrantable condition exists, (manufacturer's name) will repair
your LSI engine at no cost to you including diagnosis, parts and labor.
MANUFACTURER'S WARRANTY COVERAGE:
The (model year(s)) off-road large spark-ignition engines are war-
ranted for (warranty period). If any emission-related part on your en-
gine is defective, the part will be repaired or replaced by (manufacturer's
name).
OWNER'S WARRANTY RESPONSIBILITIES:
- As the off-road LSI engine owner, you are responsible for the perfor-
mance of the required maintenance listed in your owner's manu-
al. (Manufacturer's name) recommends that you retain all receipts
covering maintenance on your off-road engine, but (manufacturer's
name) cannot deny warranty solely for the lack of receipts or for your
failure to ensure the performance of all scheduled maintenance.
- As the off-road large spark-ignition engine owner, you should how-
ever be aware that (manufacturer's name) may deny you warranty
coverage if your off-road large spark-ignition engine or a part has
failed due to abuse, neglect, improper maintenance or unapproved
modifications.
- Your engine is designed to operate on (specific fuel(s)). Use of any
other fuel may result in your engine no longer operating in com-
pliance with California's emissions requirements.
- You are responsible for initiating the warranty process. The ARB
suggests that you present your off-road large spark-ignition engine
to a (manufacturer's name) dealer as soon as a problem exists. The
warranty repairs should be completed by the dealer as expeditiously
as possible.
If you have any questions regarding your warranty rights and respon-
sibilities, you should contact (Insert chosen manufacturer's contact)
at 1-XXX-XXX-XXXX.
(b) Warranty statement furnishing requirements.
(1) Commencing with the 2001 model year for large off-road large
spark-ignition engines with engine displacement greater than 1.0 liter,
each manufacturer must furnish with each new engine a warranty state-
ment that generally describes the obligations and rights of the engine
manufacturer and owner under this article. Engine manufacturers must
also include in the warranty statement a phone number the customer may
use to obtain their nearest franchised service center.
(2) Commencing with the 2002 model year for large off-road large
spark-ignition engines with engine displacement less than or equal to 1 .0
liter, each manufacturer must furnish with each new engine a warranty
statement as setforth in the California Code of Regulations, Title 13, Sec-
tion 2406(b).
(c) Each manufacturer must submit the documents required by Sub-
sections (a) and (b) with the manufacturer's preliminary application for
new engine certification for approval by the Executive Officer. The
Executive Officer may reject or require modification of the documents
to the extent the submitted documents do not satisfy the requirements of
Subsections (a) and (b). Approval by the Executive Officer of the docu-
ments required by Subsections (a) and (b) must be a condition of certifi-
cation. The Executive Officer must approve or disapprove the documents
required by Subsections (a) and (b) within 90 days of the date such docu-
ments are received from the manufacturer. Any disapproval must be ac-
companied by a statement of the reasons therefor. In the event of disap-
proval, the manufacturer may petition the Board to review the decision
of the Executive Officer.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and
43104, Health and Safety Code. Reference: Sections 4301 3, 43017, 43018, 43101,
43102, 43104, 43105, 43150-43154, 43205.5 and 43210-43212, Health and Safe-
ty Code.
Page 298.8
Register 2007, No. 15; 4-13-2007
Title 13
Air Resources Board
§2437
History
1. New section filed 10-19-99; operative 11-18-99 (Register 99, No. 43).
§ 2437. New Engine Compliance and Production Line
Testing — New Off-Road Large Spark-Ignition
Engines Selection, Evaluation, and
Enforcement Action.
(a) Compliance Test Procedures
(J) These procedures apply, commencing with the 2001 model year,
to any large off-road spark-ignition engine family group (as defined in
Sections 2 and 1 1 of the "California Exhaust Emission Standards and
Test Procedures for New 2001 and Later Off-Road Large Spark-ignition
Engines") or any subgroup within an engine family group selected for
compliance testing pursuant to this section, with an engine displacement
greater than 1.0 liter, that have been certified to the applicable emission
standards pursuant to Section 2433(b). 2002 and later model year large
off-road spark-ignition engines with engine displacement less than or
equal to 1 .0 liter must comply with the new engine compliance test proce-
dures set forth in the California Code of Regulations, Title 13, Section
2407.
(2) The Executive Officer may, with respect to any new engine family
group or subgroup being sold, offered for sale, or manufactured for sale
in California, order an engine manufacturer to make available for com-
pliance testing and/or inspection a reasonable number of engines, and
may direct that the engines be delivered to the state board at the Haagen-
Smit Laboratory, 9528 Telstar Avenue, El Monte, California or where
specified by the Executive Officer. The Executive Officer may also, with
respect to any new engine family group or subgroup being sold, offered
for sale, or manufactured for sale in California, have a manufacturer com-
pliance test and/or inspect a reasonable number of engines at the
manufacturer's facility under the supervision of an ARB Enforcement
Officer. Engines must be representatively selected from sources speci-
fied by the Executive Officer according to a method approved by him/
her, that insofar as practical must exclude engines that would result in an
unreasonable disruption of the manufacturer's distribution system. To
the extent practical, the Executive Officer must test a representative con-
figuration (as defined in Section 3 of the "California Exhaust Emission
Standards and Test Procedures for New 2001 and Later Off-Road Large
Spark-ignition Engines") from the engine family group in order to minr-
mize manufacturers' expense and inconvenience in testing different en-
gine configurations.
A subgroup of an engine family group may be selected for compliance
testing only if the Executive Officer has reason to believe that the emis-
sions characteristics of that subgroup are substantially in excess of the
emissions of the engine family group as a whole.
(3) For all 2001 and subsequent model year off-road large spark-igni-
tion engines selected for compliance testing, the selection and testing of
engines and the evaluation of data must be made in accordance with the
procedures set forth herein.
(4) For manufacturers that have more than one engine family group,
the Air Resources Board or its designated laboratory may procure and
test at the manufacturer's expense no more than one engine family group
per year, if compliance testing is required.
Notwithstanding the above, if a manufacturer fails to demonstrate
compliance with the emission standards after one engine family group
has been tested, the ARB or its designated laboratory may test additional
engine family groups at the manufacturer's expense, until compliance is
demonstrated on one engine family group or all of a manufacturer's en-
gine family groups have been tested. However, the ARB may conduct en-
gine enforcement testing pursuant to the engine test procedures specified
in Section 2433, at its own expense. In such an instance, the Executive
Officer must order testing only in those cases where evidence such as
production line lest data or in-use test data indicate that engines may not
be in compliance.
(5) All testing must be conducted in accordance with the applicable
model year certification emission test procedures. Break-in before test-
ing may be performed on test engines to the same extent it is performed
on production-line testing engines (See subsection (b)). No break-in or
modifications, adjustments, or special preparation or maintenance will
be allowed on engines chosen for compliance testing without the written
consent of the Executive Officer. Such consent must not be unreasonably
withheld where such adjustment or alteration is required to render the en-
gine testable and reasonably operative.
(6) If the manufacturer elects to specify a different break-in or adjust-
ments, they will be performed by the manufacturer under the supervision
of ARB personnel.
(7) Correction of damage or maladjustment that may reasonably be
found to have resulted from shipment of the engine is permitted only after
testing the engine, except where 100 percent of the manufacturer's pro-
duction is given that inspection or maintenance by the manufacturer's
own personnel. Exceptions are allowed in the cases where the damage
results in the engine being unsafe to operate, inoperable, or unable to
complete the emission test. Additionally, an exception is allowed if the
damage results in engine performance deficiencies that would be obvious
in customer service and that would cause the customer to seek repair of
the engine. The manufacturer may request that the engine be repaired
from shipping damage, and be retested. If the Executive Officer concurs,
the engine may be retested, and the original test results may be replaced
by the after-repair test results.
(8) Engines must be randomly chosen from the selected engine family
group or subgroup. Prior to the start of testing, manufacturers must indi-
cate that sampling plan (as described in paragraphs (9) and (10), below)
they will use. Once testing has begun, manufacturers may not switch to
the other sampling plan; the generated test results will be final. Each cho-
sen engine must be tested according to the "California Exhaust Emission
Standards and Test Procedures for New 2001 and Later Off-Road Large
Spark-ignition Engines" ("Test Procedures") to determine its emissions.
Unique specialty hardware and personnel normally necessary to prepare
the engine for the performance of the test as set forth in the Test Proce-
dures must be supplied by the manufacturer within seven days after re-
quest. Failure to supply this unique specialty hardware or personnel may
not be used by the manufacturer as a cause for invalidation of the subse-
quent tests.
(9) Engines must be tested in groups of five until a "Pass" or Fail" deci-
sion is reached for each pollutant independently for the engine family or
subgroup in accordance with the following table:
Number of
Engines Tested
5
10
15
20
where:
U=.
Decide "Fail"
lf"U" is greater
than or equal to
2.18
2.11
2.18
2.29
Decide "Pass"
If "U" is less than
or equal to
-0.13
0.51
0.88
1.16
I (Xi
: 1=1
-Ho)
n
(I (Xi
1 = 1
-Ho)2)0"5
Xj = the projected emissions of one pollutant for the ith engine tested.
u0 = the applicable calendar year emission standard for that pollutant,
n = the number of engines tested.
(10) The Executive Officer will find that a group of engines has failed
the compliance testing pursuant to the above table if the Executive Offi-
cer finds that the average emissions of the engines within the selected en-
gine family or subgroup exceed the applicable calendar year new engine
emission standard for at least one pollutant.
(1 1) If no decision for a pollutant or pollutants can be reached after 20
engines have been tested, the Executive Officer will not make a "Fail"
decision for the selected engine family or subgroup on the basis of these
Page 298.9
Register 2007, No. 15; 4-13-2007
§2437
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
20 tests alone. Under these circumstances the Executive Officer will elect
to test 1 0 additional engines. If the average emissions from the 30 engines
tested exceed any one of the exhaust emission standards for which a
"Pass" decision has not been previously made, the Executive Officer will
render a "'Fail" decision.
(12) If the Executive Officer determines, in accordance with the proce-
dures set forth in Subsection (a) that an engine family, or any subgroup
within an engine family, exceeds the emission standards for one or more
pollutants, the Executive Officer will:
(A) Notify the engine manufacturer that the engine manufacturer may
be subject to revocation or suspension of the Executive Order authorizing
sales and distribution of the noncompliant engines in the State of Califor-
nia, or enjoined from any further sales or distribution, of the noncom-
pliant engines in the State of California pursuant to Section 43017 of the
Health and Safety Code. Prior to revoking or suspending the Executive
Order, or seeking to enjoin an engine manufacturer, the Executive Offi-
cer will consider production line test results, if any, and any additional
test data or other information provided by the engine manufacturer and
other interested parties. In addition, the engine manufacturer may be sub-
ject to, on a per engine basis, any and all remedies available under Part
5, Division 26 of the Health and Safety Code, sections 43000 et seq.
(B) Notify the equipment manufacturer that the equipment manufac-
turer may be subject to revocation or suspension of the Executive Order
authorizing sales and distribution of the noncompliant engines in the
State of California, or being enjoined from any further sales, or distribu-
tion, of the equipment manufacturer's equipment product line(s) that are,
or utilize engines that are, noncompliant with the applicable emission
regulations pursuant to Section 43017 of the Health and Safety Code.
Prior to revoking or suspending the Executive Order, or seeking to enjoin
an equipment manufacturer, the Executive Officer will consider produc-
tion line test results, if any, and any additional test data or other informa-
tion provided by the equipment manufacturer and other interested par-
ties. In addition, the equipment manufacturer may be subject to, on a per
engine basis, any and all remedies available under Part 5, Division 26 of
the Health and Safety Code, sections 43000 et seq.
(13) Engines selected for inspection must be checked to verify the
presence of those emissions-related components specified in the engine
manufacturer's application for certification, and for the accuracy of any
adjustments, part numbers and labels specified in that application. If any
engine selected for inspection fails to conform to any applicable law in
Part 5 (commencing with Section 43000) of Division 26 of the Health and
Safety Code, or any regulation adopted by the state board pursuant there-
to, other than an emissions standard applied to new engines to determine
"certification" as specified in Chapter 9, the Executive Officer will:
(A) Notify the engine manufacturer and may seek to revoke or sus-
pend the Executive Order authorizing sales and distribution or enjoin the
engine manufacturer from any further sales, or distribution, of the appli-
cable noncompliant engine families or subgroups within the engine fami-
lies in the State of California pursuant to Section 43017 of the Health and
Safety Code. Before revoking or suspending the Executive Order autho-
rizing sales and distribution of the applicable noncompliant engine fami-
lies or subgroups within the State of California, or seeking to enjoin an
engine manufacturer, the Executive Officer will consider any informa-
tion provided by the engine manufacturer and other interested parties. In
addition, the engine manufacturer may be subject to, on a per engine ba-
sis, any and all remedies available under Part 5, Division 26 of the Health
and Safety Code, sections 43000 et seq.
(B) Notify the equipment manufacturer and may seek to revoke or sus-
pend the Executive Order authorizing sales and distribution or enjoin the
equipment manufacturer from any further sales, or distribution, in the
State of California of the equipment manufacturer's equipment product
line(s) that are, or utilize engines that are, noncompliant with the applica-
ble emission regulations pursuant to Section 43017 of the Health and
Safety Code. Prior to revoking or suspending the Executive Order autho-
rizing sales and distribution of the applicable noncompliant equipment,
or seeking to enjoin an equipment manufacturer, the Executive Officer
will consider any information provided by the equipment manufacturer
and other interested parties. In addition, the equipment manufacturer
may be subject to. on a per engine basis, any and all remedies available
under Part 5, Division 26 of the Health and Safety Code, sections 43000
et seq.
(b) 2001 and Subsequent Model Cumulative Sum Production Line
Test Procedures
( 1 ) The 200 1 and subsequent model year off-road large spark-ignition
engines with an engine displacement of greater than 1.0 liter, that have
been certified to the applicable emission standards pursuant to Section
2433(b), are subject to production line testing performed according to the
requirements specified in this section. The 2002 and subsequent model
year off-road large spark-ignition engines with an engine displacement
of less than or equal to 1 .0 liter, that have been certified for sale in Cali for-
nia, must comply with production line testing performed according to the
requirements set forth in the California Code of Regulations, Title 13,
Section 2407.
(A) Standards and Test Procedures. The emission standards, exhaust
sampling and analytical procedures are those described in the Test Proce-
dures, and are applicable to engines tested only for exhaust emissions.
The production line test procedures are specified in conjunction with the
Test Procedures. An engine is in compliance with these production line
standards and test procedures only when all portions of these production
line test procedures and specified requirements from the Test Procedures
are fulfilled, except any adjustable engine parameters may be set to any
value or position that is within the range available to the ultimate pur-
chaser.
(B) Air Resources Board (ARB) personnel and mobile laboratories
must have access to engine or equipment assembly plants, distribution
facilities, and test facilities for the purpose of engine selection, testing,
and observation. Scheduling of access must be arranged with the desig-
nated engine manufacturer's representative and must not unreasonably
disturb normal operations (See Test Procedures).
(2) Engine Sample Selection.
(A) At the start of each quarter for the model year, the engine manufac-
turer will begin to randomly select engines from each engine family for
production line testing, according to the criteria specified herein. The en-
gines must be representative of the engine manufacturer's California
sales. Each engine will be selected from the end of the assembly line. All
engine models within the engine family must be included in the sample
pool. Each selected engine for production line testing must pass the in-
spection test, by being equipped with the appropriate emission control
systems certified by the ARB. The procedure for randomly selecting en-
gines or units of equipment must be submitted to the Chief, Mobile
Source Operations Division, 9528 Telstar Avenue, El Monte, CA,
91731, prior to the start of production for the first year of production.
(i) For newly certified engine families: After two engines are tested,
the manufacturer will calculate the required sample size for the model
year according to the Sample Size Equation in paragraph (4) of this sub-
section.
(ii) For carry-over engine families: After one engine is tested, the
manufacturer will combine the test with the last test result from the pre-
vious model year and then calculate the required sample size for the mod-
el year according to the Sample Size Equation in paragraph (4) of this
subsection.
(iii) Beginning with the 2006 model year, a manufacturer may annual-
ly request of the Executive Officer a reduction in production line testing
for an engine family. In making such request, the manufacturer must
demonstrate that the engine family's production line test data is consis-
tent and in-use compliance data is consistent for the previous year(s) and
in compliance with the emission standards in Section 2433. If the Execu-
tive Officer determines that a reduction is warranted, the manufacturer
may test as few as one production engine during the subject model year.
(B) Engine manufacturers must provide actual California sales, or oth-
er information acceptable to the Executive Officer, including, but not
Page 298.10
Register 2007, No. 15; 4-13-2007
Title 13
Air Resources Board
§ 2437
•
limited to, an estimate based on market analysis and federal production
or sales.
(3) Engine Preparation and Preconditioning
(A) No emissions tests may be performed on an engine prior to the first
production line test.
(B) The engine or unit of equipment must be tested after the engine
manufacturer's recommended break-in period. The engine manufactur-
er must submit to the Executive Officer the schedule for engine break-in
and any changes to the schedule with each quarterly report. This schedule
must be adhered to for all production line testing within an engine family
and subgroup or engine family and assembly plant as appropriate.
(C) If an engine or unit of equipment is shipped to a remote facility for
production line testing, and adjustment or repair is necessary because of
such shipment, the engine manufacturer must perform the necessary ad-
justments or repairs only after the initial test of the engine or equipment.
Engine manufacturers must report to the Executive Officer in the quarter-
ly report, all adjustments or repairs performed on engines or equipment
prior to each test. In the event a retest is performed, a request may be
made to the Executive Officer, within ten days of the production quarter,
for permission to substitute the after-repair test results for the original
test results. The Executive Officer will either affirm or deny the request
by the engine manufacturer within ten working days from receipt of the
request.
(D) If an engine manufacturer determines that the emission test results
of an engine or unit of equipment are invalid, the engine or equipment
must be retested. Emission results from all tests must be reported. The en-
gine manufacturer must include a detailed report on the reasons for each
invalidated test in the quarterly report.
(4)(A) Manufacturers will calculate the required sample size for the
model year for each engine family using the Sample Size Equation be-
low. N is calculated from each test result. The number N indicates the
number of tests required for the model year for an engine family. N, is
recalculated after each test. Test results used to calculate the variables in
the Sample Size Equation must be final deteriorated test results as speci-
fied in (d)(3).
N =
Where:
N
t95
(t95 x a)
(x - STD)
+ 1
required sample size for the model year.
95% confidence coefficient. It is dependent on the number of tests
completed, n, as specified in the table in paragraph (C) of this
section. It defines one-tail, 95% confidence intervals.
test sample standard deviation calculated from the following
equation:
o =
N
X(X/-*)2
n-1
Where:
Xj = emission test result for an individual engine
x = mean of emission test results of the sample
STD = emission standard
n = The number of tests completed in an engine family
(B) Reserved
(C) Number of Tests (n) & 1— tail Confidence Coefficients (195)
2
3
4
5
6
7
8
9
10
11
t95
6.31
2.92
2.35
2.13
2.02
1.94
1.90
1.86
1.83
1.81
12
13
14
15
16
17
18
19
20
21
'95
1.80
1.78
1.77
1.76
1.75
1.75
1.74
1.73
1.73
1.72
22
23
24
25
26
27
28
29
30
t95
1.72
1.72
1.71
1.71
1.71
1.71
1.70
1.70
1.70
1.645
(D) A manufacturer must distribute the testing of the remaining num-
ber of engines needed to meet the required sample size N, evenly
throughout the remainder of the model year.
(E) After each new test, the required sample size, N, is recalculated us-
ing updated sample means, sample standard deviations and the appropri-
ate 95% confidence coefficient.
(F) A manufacturer must continue testing and updating each engine
family's sample size calculations according to paragraphs (4)(A)
through (4)(F) of this section until a decision is made to stop testing as
described in paragraph (4)(G) of this section or a noncompliance deci-
sion is made pursuant to (c)(6).
(G) If, at any time throughout the model year, the calculated required
sample size, N, for an engine family is less than or equal to the sample
size, n, and the sample mean, x, for HC + NOx is less than or equal to the
emission standard, the manufacturer may stop testing that engine family.
(H) If, at any time throughout the model year, the sample mean, x, for
HC + NOx is greater than the emission standard, the manufacturer must
continue testing that engine family at the appropriate maximum sampling
rate.
(I) The maximum required sample size for an engine family (regard-
less of the required sample size, N, as calculated in paragraph (4)(A) of
this section) is thirty tests per model year.
(J) Manufacturers may elect to test additional randomly chosen en-
gines. All additional randomly chosen engines tested in accordance with
the testing procedures specified in Emission Standards and Test Proce-
dures must be included in the Sample Size and Cumulative Sum equation
calculations as defined in section (b), respectively.
(K) Small volume manufacturers may limit the number of engines
tested to one percent of their California production. Compliance would
be determined based on the available test data.
(5) The manufacturer must produce and assemble the test engines us-
ing its normal production and assembly process for engines to be distrib-
uted into commerce.
(6) No quality control, testing, or assembly procedures will be used on
any test engine or any portion thereof, including parts and subassemblies,
that have not been or will not be used during the production and assembly
of all other engines of that family, unless the Executive Officer approves
the modification in production or assembly procedures.
(c) Calculation of Cumulative Sum (CumSum) Statistic. Each engine
manufacturer must review the test results using the following procedure:
(1) Manufacturers must construct the following CumSum equation for
each regulated pollutant for each engine family. Test results used to cal-
culate the variables in the CumSum Equation must be final deteriorated
test results as defined in (d)(3).
Q = max[0 OR (Q_y + Xt - (STD + F))]
Where:
Q = The current CumSum statistic
Q_i = The previous CumSum statistic. Prior to any testing, the CumSum
statistic = 0 (i.e. Q) = 0)
Xj = The current emission test result for an individual engine
STD = Emission standard
F = 0.25 x a
(2) After each test, Q is compared to the action limit, H, the quantity
which the CumSum statistic must exceed, in two consecutive tests, be-
fore the engine family may be determined to be in noncompliance for
purposes of paragraph (c).
H = The Action Limit. It is 5.0 x c, and is a function of the standard
deviation, a.
a = is the sample standard deviation and is recalculated after each test.
(3) After each engine is tested, the CumSum statistic shall be promptly
updated according to the CumSum Equation in paragraph (1) of this sub-
section.
(4) If, at any time during the model year, a manufacturer amends the
application for certification for an engine family as specified in Sections.
17 and 18 of the Test Procedures by performing an engine family modifi-
cation (i.e. a change such as a running change involving a physical modi-
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BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
fication to an engine, a change in specification or setting, the addition of
a new configuration, changes in calibration, or the use of a different dete-
rioration factor), all previous sample size and CumSum statistic calcula-
tions for the model year will remain unchanged.
(5) A failed engine is one whose final deteriorated test result for a regu-
lated pollutant exceeds the emission standard for that pollutant.
(6) An engine family may be determined to be in noncompliance, if at
any time throughout the model year, the CUMSUM statistic, Cj, for a reg-
ulated pollutant is greater than the action limit, H, for two consecutive
tests.
(7) The engine manufacturer must perform a minimum of two (2) tests
per engine family per quarter of production, regardless of whether the
conditions of sample size have been met.
(8) All results from the previous quarters of the same model year must
be included in the on-going Cumulative Sum analysis, provided that the
engine family has not failed (e.g., if three engines of a family were tested
in the first quarter, the first test of the second quarter would be considered
as the fourth test).
(9) If the Cumulative Sum analysis indicates that an engine family has
failed, the engine manufacturer must notify the Chief of the Mobile
Source Operations Division in writing and by telephone, within ten (10)
working days. Corrective action will be taken as noted in paragraphs (e)
and (0 below.
(10) If a manufacturer performs corrective action on a failed engine
family and then resumes production, all previous tests will be void, and
Cumulative Sum analysis will begin again with the next test.
(1 1) At the end of the quarter, or when the Cumulative Sum analysis
indicates that a decision has been made, the manufacturer must provide
all the data accumulated during the quarter.
(d) Calculation and reporting of test results.
(1) Initial test results are calculated following the applicable test pro-
cedure. The manufacturer rounds these results, in accordance with
ASTM E29-93a, to the number of decimal places contained in the appli-
cable emission standard expressed to one additional significant figure.
(ASTM E29-93a has been incorporated by reference.)
(2) Final test results are calculated by summing the initial test results
derived in paragraph (a) of this section for each test engine, dividing by
the number of tests conducted on the engine, and rounding in accordance
with ASTM E29-93a to the same number of decimal places contained in
the applicable standard expressed to one additional significant figure.
(3) The final deteriorated test results for each test engine are calculated
by applying the appropriate deterioration factors, derived in the certifica-
tion process for the engine family, to the final test results, and rounding
in accordance with ASTM E29-93a to the same number of decimal
places contained in the applicable standard expressed to one additional
significant figure.
(4) If, at any time during the model year, the CumSum statistic exceeds
the applicable action limit, H, in two consecutive tests, the engine family
may be determined to be in noncompliance and the manufacturer must
notify the Chief of Mobile Sources Operations Division and the Manager
of the New Vehicle Audit Section, 9528 Telstar Ave., El Monte, CA
91731, within ten (10) working days of such exceedance by the Cum Sum
statistic.
(5) Within 30 calendar days of the end of each quarter, each engine
manufacturer must submit to the Executive Officer a report which in-
cludes the following information:
(A) The location and description of the manufacturer's or other's ex-
haust emission test facilities which were utilized to conduct testing re-
ported pursuant to this section;
(B) Total production and sample sizes, N and n, for each engine fami-
ly;
(C) The applicable emissions standards for each engine family.
(D) A description of the process to obtain engines on a random basis;
(E) A description of the test engines, (i.e., date of test, engine family,
engine size, engine or equipment identification number, fuel system, dy-
namometer power absorber setting in horsepower, engine code or cal-
ibration number, and test location).
(F) The date of the end of the engine manufacturer's model year pro-
duction for each engine family.
(G) For each test conducted,
(i) A description of the test engine, including:
(a) Configuration and engine family identification,
(b) Year, make, and build date,
(c) Engine identification number, and
(d) Number of hours of service accumulated on engine prior to testing;
(ii) Location where service accumulation was conducted and descrip-
tion of accumulation procedure and schedule;
(iii) Test number, date, test procedure used, initial test results before
and after rounding, and final test results for all exhaust emission tests,
whether valid or invalid, and the reason for invalidation, if applicable;
(iv) A complete description of any adjustment, modification, repair,
preparation, maintenance, and/or testing which was performed on the test
engine, was not reported pursuant to any other part of this article, and will
not be performed on all other production engines;
(v) The exhaust emission data for HC+NOx (or NMHC+NOx, as ap-
plicable) and CO for each lest engine or equipment. The data reported
must provide two significant figures beyond the number of significant
figures in applicable emission standards.
(vi) The retest emission data, as described in paragraph (d) above for
any engine or unit of equipment failing the initial test, and description of
the corrective actions and measures taken, including specific component
replaced or adjusted.
(vii) A CumSum analysis, as required in paragraph (c), of the produc-
tion line test results for each engine family;
(viii) Any other information the Executive Officer may request rele-
vant to the determination whether the new engines being manufactured
by the manufacturer do in fact conform with the regulations with respect
to which the Executive Order was issued;
(ix) For each failed engine as defined in paragraph (c), a description
of the remedy and test results for all retests.
(x) Every aborted test data and reason for the aborted test.
(xi) The start and stop dates of batch-produced engine family produc-
tion.
(xii) The required information for all engine families in production
during the quarter regardless of sample size; and
(xiii) The following signed statement and endorsement by an autho-
rized representative of the manufacturer:
This report is submitted pursuant to this article. This production line
testing program was conducted in complete conformance with all appli-
cable regulations under the Test Procedures. No emission-related
changes to production processes or quality control procedures for the en-
gine family tested have been made during this production line testing pro-
gram that affect engines from the production line. All data and informa-
tion reported herein is, to the best of (Company Name) knowledge, true
and accurate. I am aware of the penalties associated with violations of the
California Code of Regulations and the regulations thereunder. (Autho-
rized Company Representative.)
(H) Each manufacturer must submit a copy of the report that has been
stored (e.g., computer disc), or may be transmitted, in an electronically
digitized manner, and in a format that is specified by the Executive Offi-
cer. This electronically based submission is in addition to the written sub-
mission of the report.
(e) Manufacturer Notification of Failure.
( 1 ) The Executive Officer will notify the engine manufacturer that the
engine manufacturer may be subject to revocation or suspension of the
Executive Order authorizing sales and distribution of the noncompliant
engines in the State of California, or being enjoined from any further
sales, or distribution, of the noncompliant engines in the State of Califor-
nia pursuant to Section 43017 of the Health and Safety Code. Prior to re-
voking or suspending, or seeking to enjoin an engine manufacturer, and
Page 298.12
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Title 13
Air Resources Board
§2437
•
other interested parties, including, but not limited to corrective actions
applied to the noncompliant engine family. In addition, the engine
manufacturer may be subject to, on a per engine basis, any and all reme-
dies available under Part 5, Division 26 of the Health and Safety Code,
sections 43000 et seq.
(2) The Executive Officer will notify the equipment manufacturer that
the equipment manufacturer may be subject to revocation or suspension
of the Executive Order authorizing sales and distribution of the noncom-
pliant equipment in the State of California, or being enjoined from any
further sales, or distribution, of the noncompliant equipment product
line(s) that are, or utilize engines that are, noncompliant with the applica-
ble emission regulations in the State of California pursuant to Section
43017 of the Health and Safety Code. Prior to revoking or suspending,
or seeking to enjoin an equipment manufacturer, and other interested par-
ties, including, but not limited to corrective actions applied to the non-
compliant engine family. In addition, the equipment manufacturer may
be subject to, on a per engine basis, any and all remedies available under
Part 5, Division 26 of the Health and Safety Code, sections 43000 et seq.
(f) Suspension and revocation of Executive Order.
(1) The Executive Order is automatically suspended with respect to
any engine failing pursuant to paragraph (c)(5) effective from the time
that testing of that engine family is completed.
(2) The Executive Officer may suspend the Executive Order for an en-
gine family which is determined to be in noncompliance pursuant to para-
graph (c)(6). This suspension will not occur before fifteen days after the
engine family is determined to be in noncompliance.
(3) If the results of testing pursuant to these regulations indicate that
engines of a particular family produced at one plant of a manufacturer do
not conform to the regulations with respect to which the Executive Order
was issued, the Executive Officer may suspend the Executive Order with
respect to that family for engines manufactured by the manufacturer at
this and all other plants.
(4) Notwithstanding the fact that engines described in the application
for certification may be covered by an Executive Order, the Executive
Officer may suspend such certificate immediately in whole or in part if
the Executive Officer finds any one of the following infractions to be sub-
stantial:
(A) The manufacturer refuses to comply with any of the requirements
of this subpart.
(B) The manufacturer submits false or incomplete information in any
report or information provided to the Executive Officer under this sub-
part.
(C) The manufacturer renders inaccurate any test data submitted under
this subpart.
(D) An ARB enforcement officer is denied the opportunity to conduct
activities authorized in this subpart and a warrant or court order is pres-
ented to the manufacturer or the party in charge of the facility in question.
(5) The Executive Officer may suspend such certificate immediately
in whole or in part if the Executive Officer finds that an ARB enforce-
ment officer is unable to conduct activities authorized in this Section and
the Test Procedures because a manufacturer has located its facility in a
foreign jurisdiction where local law prohibits those activities.
(6) The Executive Officer shall notify the manufacturer in writing of
any suspension or revocation of an Executive Order in whole or in part.
A suspension or revocation is effective upon receipt of the notification
or fifteen days from the time an engine family is determined to be in non-
compliance pursuant to paragraph (c)(5) or (c)(6), whichever is later, ex-
cept that the certificate is immediately suspended with respect to any
failed engines as provided for in paragraph (a) of this section.
(7) The Executive Officer may revoke an Executive Order for an en-
gine family after the certificate has been suspended pursuant to para-
graph (b) or (c) of this section if the proposed remedy for the nonconfor-
mity, as reported by the manufacturer to the Executive Officer, is one
requiring a design change or changes to the engine or emission control
system as described in the application for certification of the affected en-
gine family.
(8) Once an Executive Order has been suspended for a failed engine,
as provided for in paragraph (a) of this section, the manufacturer must
take the following actions before the certificate is reinstated for that
failed engine:
(A) Remedy the nonconformity;
(B) Demonstrate that the engine conforms to the emission standards
by retesting the engine in accordance with these regulations; and
(C) Submit a written report to the Executive Officer, after successful
completion of testing on the failed engine, which contains a description
of the remedy and test results for each engine in addition to other informa-
tion that may be required by this part.
(9) Once an Executive Order for a failed engine family has been sus-
pended pursuant to paragraph (b), (c) or (d) of this section, the manufac-
turer must take the following actions before the Executive Officer will
consider reinstating the certificate:
(A) Submit a written report to the Executive Officer which identifies
the reason for the noncompliance of the engines, describes the proposed
remedy, including a description of any proposed quality control or quali-
ty assurance measures to be taken by the manufacturer to prevent future
occurrences of the problem, and states the date on which the remedies
will be implemented.
(B) Demonstrate that the engine family for which the Executive Order
has been suspended does in fact comply with the regulations of this part
by testing as many engines as needed so that the CumSum statistic falls
below the action limit. Such testing must comply with the provisions of
this Part. If the manufacturer elects to continue testing individual engines
after suspension of a certificate, the certificate is reinstated for any engine
actually determined to be in conformance with the emission standards
through testing in accordance with the applicable test procedures, pro-
vided that the Executive Officer has not revoked the certificate pursuant
to paragraph (f) of this section.
(10) Once the Executive Order has been revoked for an engine family,
if the manufacturer desires to continue introduction into commerce of a
modified version of that family, the following actions must be taken be-
fore the Executive Officer may issue a certificate for that modified fami-
ly:
(A) If the Executive Officer determines that the proposed change(s) in
engine design may have an effect on emission performance deterioration,
the Executive Officer shall notify the manufacturer, within five working
days after receipt of the report in paragraph (9)(A) of this section, wheth-
er subsequent testing under this subpart will be sufficient to evaluate the
proposed change or changes or whether additional testing will be re-
quired; and
(B) After implementing the change or changes intended to remedy the
nonconformity, the manufacturer must demonstrate that the modified en-
gine family does in fact conform with the regulations of this part by test-
ing as many engines as needed from the modified engine family so that
the CumSum statistic, as calculated per aforementioned method, falls be-
low the action limit. When both of these requirements are met, the Execu-
tive Officer shall reissue the certificate or issue a new certificate, as the
case may be, to include that family. As long as the CumSum statistic re-
mains above the action limit, the revocation remains in effect.
(1 1 ) At any time subsequent to a suspension of an Executive Order for
a test engine pursuant to paragraph (a) of this section, but not later than
15 days (or such other period as may be allowed by the Executive Offi-
cer) after notification of the Executive Officer's decision to suspend or
revoke an Executive Order in whole or in part pursuant to paragraphs (b),
(c), or (f) of this section, a manufacturer may request a hearing as to
whether the tests have been properly conducted or any sampling methods
have been properly applied.
(12) Any suspension of an Executive Order under paragraph (f)(4) of
this section:
(A) must be made only after the manufacturer concerned has been of-
fered an opportunity for a hearing conducted in accordance with all appli-
cable requirements and;
Page 298.13
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§2438
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(B) need not apply to engines no longer in the possession of the
manufacturer.
(13) After the Executive Officer suspends or revokes an Executive Or-
der pursuant to this section and prior to the commencement of a hearing,
if the manufacturer demonstrates to the Executive Officer's satisfaction
that the decision to suspend or revoke the Executive Order was based on
erroneous information, the Executive Officer shall reinstate the Execu-
tive Order.
(14) To permit a manufacturer to avoid storing non-test engines while
conducting subsequent testing of the noncomplying family, a manufac-
turer may request that the Executive Officer conditionally reinstate the
Executive Order for that family. The Executive Officer may reinstate the
Executive Order subject to the following condition: the manufacturer
must commit to recall all engines of that family produced from the time
the Executive Order is conditionally reinstated if the CumSum statistic
does not fall below the action limit and must commit to remedy any non-
conformity at no expense to the owner.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43017, 43018, 43101,
43102, and 43104, Health and Safety Code. Reference: Sections 43013. 43017,
43018, 43101, 43102, 43104, 43105, 43150-43154, 43205.5 and 43210^43212,
Health and Safety Code.
History
1. New section filed 10-19-99; operative 11-18-99 (Register 99, No. 43).
§ 2438. In-Use Compliance Program.
(a) This section applies to new 2004 and later model year off-road
large spark-ignition engines with engine displacement greater than 1.0
liter.
(b) Manufacturer In-Use Testing Program.
Standards and Test Procedures. The emission standards, exhaust sam-
pling and analytical procedures are those described in the Test Proce-
dures, and are applicable to engines tested only for exhaust emissions. An
engine is in compliance with these standards and test procedures only
when all portions of these in-use test procedures and specified require-
ments from the Test Procedures are fulfilled, except that any adjustable
engine parameters must be set to the nominal value or position as indi-
cated on the engine label.
(1) Within a manufacturer's model-year engine production period, the
ARB will identify those engine families, and the specific configurations
within an engine family, that the manufacturer must subject to in-use
testing as described below. For each model year, ARB may identify a
number of engine families that is no greater than 25 percent of the number
of engine families to which this article is applicable. For those manufac-
turers producing three or less engine families in a model year, ARB may
designate a maximum of one engine family per model year for in-use
testing.
(2) For each engine family identified by ARB, engine manufacturers
must perform emission testing of an appropriate sample of in-use en-
gines from each engine family. Manufacturers must submit data from this
in-use testing to ARB.
(3) An engine manufacturer must test in-use engines from each engine
family identified by ARB. All engines selected by the manufacturer for
testing must be identified by the manufacturer, and a list of the selected
engines must be submitted to the Executive Officer, prior to the onset of
testing. Engines to be tested must have accumulated a minimum of 0.50
(50 percent) of the family's certified useful life period. The number of
engines to be tested by a manufacturer will be determined by the follow-
ing method:
(A) a minimum of four engines per family, provided that no engine
fails any emission standard. For each exceedance, two additional engines
must be tested until the total number of engines equals ten.
(B) For engine families of less than 500 engines (national production)
for the identified model year or for engine manufacturers who make less
than or equal to 2,000 engines nationally for that model year, a minimum
of two (2) engines per family provided that no engine fails any emission
standard. For each failing engine, two more engines shall be tested until
the total number of engines equals ten (10).
(C) If an engine family was certified using carryover emission data and
has been previously tested under paragraphs (b)(3)(A) or (b)(3)(B) of this
section (and a recall for that family has not occurred), then only one en-
gine for that family must be tested. If that one engine fails any emission
standard, testing must be conducted as outlined in subsections (b)(3)(A)
or (b)(3)(B), whichever is appropriate.
(4) The Executive Officer may approve an alternative to manufacturer
in-use testing, where:
(A) Engine family production is less than or equal to 200 per year, na-
tionally;
(B) Engines cannot be obtained for testing because they are used sub-
stantially in vehicles or equipment that are not conducive to engine re-
moval such as large vehicles or equipment from which the engine cannot
be removed without dismantling either the engine, vehicle, or equipment;
or
(C) Other compelling circumstances associated with the structure of
the industry and uniqueness of engine applications. Such alternatives
shall be designed to determine whether the engine family is in com-
pliance.
(5) The engine manufacturer shall procure in-use engines which have
been operated between 0.50 and 1.0 times the certified engine's useful
life period. The engine manufacturer may test engines from more than
one model year in a given year. The manufacturer shall submit a plan for
testing within twelve calendar months after receiving notice that ARB
has identified a particular engine family for testing and shall complete
testing of such engine family within 24 calendar months from the date of
approval of the plan by ARB. Test engines may be procured from sources
associated with the engine manufacturer (i.e., manufacturer-established
fleet engines, etc.) or from sources not associated with the manufacturer
(i.e., consumer-owned engines, independently owned fleet engines,
etc.).
(c) Maintenance, procurement and testing of in-use engines.
(1) A test engine must have a maintenance and use history representa-
tive of in-use conditions.
(A) To comply with this requirement a manufacturer must obtain in-
formation from the end users regarding the accumulated usage, mainte-
nance, repairs, operating conditions, and storage of the test engines.
(B) Documents used in the procurement process must be maintained
as required.
(2) The manufacturer may perform minimal restorative maintenance
on components of a test engine that are not subject to parameter adjust-
ment. Maintenance may include only that which is listed in the owner's
instructions for engines with the amount of service and age of the ac-
quired test engine. Repairs may be performed on a test engine with prior
Executive Officer approval. Documentation of all maintenance, repairs,
defects, and adjustments shall be maintained and retained as required.
(3) At least one valid emission test, according to the Test Procedure,
is required for each in-use engine.
(4) The Executive Officer may waive portions or requirements of the
test procedure, if any, that are not necessary to determine in-use com-
pliance.
(5) If a selected in-use engine fails to comply with any applicable
emission standards, the manufacturer shall determine the reason for non-
compliance. The manufacturer must report within 72 hours after the
completion of the test specifying the emission results and identifying the
pollutant which failed to comply with the emission standard. The
manufacturer must report all such reasons of noncompliance within fif-
teen business days of completion of testing. Additional time beyond the
initial fifteen days may be granted providing that the manufacturer re-
ceives prior approval from the Executive Officer. The reports may be
filed electronically or mailed to the following address: Chief of Mobile
Source Operations Division, 9528 Telstar Avenue, El Monte, CA 91731.
(6) At the discretion of the Executive Officer, an engine manufacturer
may test more engines than the minima described in paragraph (b)(3) of
this section or may concede failure before testing a total of ten engines.
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Title 13
Air Resources Board
§2438
Upon conceding failure the manufacturer shall proceed with a voluntary
recall program as specified in Section 2439.
(7) The Executive Officer will consider failure rates, average emission
levels and the existence of any defects, among other factors, in determin-
ing whether to pursue remedial action under this subpart. The Executive
Officer may order a recall pursuant to Section 2439 before testing reaches
the tenth engine whenever the Executive Officer has determined, based
on production-line test results or in-use test results, enforcement testing
results, or any other information, that a substantial number of a class or
category of equipment or engines produced by that manufacturer, al-
though properly maintained and used, contain a failure in an emission-
related component which, if uncorrected, may result in the equipments'
or engines' failure to meet applicable standards over their useful lives;
or whenever a class or category of equipment or engines within their use-
ful lives, on average, do not conform to the emission standards prescribed
pursuant to Part 5 (commencing with Section 43000) of Division 26 of
the Health and Safety Code, or any regulation adopted by the state board
pursuant thereto, other than an emissions standard applied to new engines
to determine ''certification" as specified in Chapter 9, as applicable to the
model year of such equipment or engines.
(8) Prior to an ARB-ordered recall, the manufacturer may perform a
voluntary emissions recall pursuant to Article 4.5, Section 2439(b). Such
manufacturer is subject to the reporting requirements in subsection (d)
below.
(9) Once ARB determines that a substantial number of engines fail to
conform with the requirements, the manufacturer will not have the option
of a voluntary emissions recall.
(d) In-use test program reporting requirements.
(1) The manufacturer shall electronically submit to the Executive Of-
ficer within three months of completion of testing all emission testing re-
sults generated from the in-use testing program. The following informa-
tion must be reported for each test engine:
(A) engine family,
(B) model,
(C) engine serial number or alternate identification, as applicable,
(D) date of manufacture,
(E) estimated hours of use,
(F) date and time of each test attempt,
(G) results (if any) of each test attempt,
(H) results of all emission testing,
(1) summary of all maintenance, repairs, and adjustments performed,
(J) summary (if any) of all ARB pre-approved modifications and re-
pairs,
(K) determinations of noncompliance or compliance.
(2) The manufacturer must electronically submit the results of its in-
use testing with a pre-approved information heading. The Executive Of-
ficer may exempt manufacturers from this requirement upon written re-
quest with supporting justification.
(3) All testing reports and requests for approvals made under this sub-
part shall be sent to the Executive Officer.
(4) The Executive Officer may require modifications to a manufactur-
er's in-use testing programs.
(e) In-use emissions credit, averaging, banking, and trading program.
(1) General applicability
(A) The in-use credit program for eligible engines is described in this
subsection. Participation in this program is voluntary.
(B) An engine family is eligible to participate in the in-use credit pro-
gram if it is subject to regulation under Section 2433 of this part with cer-
tain exceptions specified in paragraph (C).
(C) Engines may not participate in the in-use averaging, banking, and
trading program if they are delivered to a "point of first retail sale" out-
side of California.
(D) Reserved.
(E) An engine family with a compliance level, as determined by in-use
testing below, the applicable emission standards to which the engine
family is certified may generate emission credits for averaging, banking,
or trading in the in-use credit program.
(F) Positi ve credits generated in a given model year may be used in that
model year or in any subsequent model year.
(G) A manufacturer of an engine family with a compliance level ex-
ceeding the applicable emission standards to which the engine family is
certified, may, prior to the date of the report use previously banked cred-
its, purchase credits from another manufacturer, or perform additional
testing to address the associated credit deficit (negative credits or a need
for credits).
(H) Reserved.
(1) A manufacturer must notify the Executive Officer of plans to test
additional engine families beyond the maximum 25% required for the in-
use testing program. Such notice must be submitted to the Executive Of-
ficer 30 days prior to initiation of testing. If the additional testing discov-
ers an engine family to be in noncompliance with the applicable emission
standards, the testing must be treated as if it were a failure of the normal
in-use testing requirement of an engine family.
(J) Manufacturers must demonstrate a zero or positive credit balance
under the in-use credit program for a particular model year within 90
days of the end of the in-use testing of that model year's engine families.
(2) Engines subject to the 2004 and later model-year emission stan-
dards are eligible to participate in the in-use credit program.
(3) The definitions below shall apply to this subsection:
(A) Averaging means the exchange of in-use emission credits among
LSI engine families within a given manufacturer's product line.
(B) Banked credits refer to positive emission credits based on applica-
ble actual production or sales volume as contained in the end of model
year in-use testing reports submitted to Executive Officer of the ARB.
Some or all of these banked credits may be revoked if the Executive Offi-
cer's review of the end of model year in-use testing reports or any subse-
quent audit action(s) uncovers problems or errors.
(C) Banking means the retention of in-use emission credits by the
manufacturer generating the emission credits for use in future model year
averaging or trading as permitted by these regulations.
(D) Carry-over engine family means an engine family which under-
goes certification using carryover test data from previous model years.
(E) Compliance level for an engine family is determined by averaging
the in-use test results from each engine.
(F) In-use credits represent the amount of emission reduction or ex-
ceedance, for each regulated pollutant, by an engine family below or
above, respectively, the applicable emission standards. Emission reduc-
tions below the emission standard are considered "positive credits,"
while emission exceedances above the emission standard are considered
"negative or required credits."
(G) Trading means the exchange of in-use emission credits between
manufacturers or brokers.
(4) Averaging.
(A) A manufacturer may use averaging across engine families to dem-
onstrate a zero or positive credit balance for a model year. Positive credits
to be used in averaging may be obtained from credits generated by anoth-
er engine family of the same model year, credits banked in previous mod-
el years, or credits obtained through trading.
(B) Credits used to demonstrate a zero or positive credit balance must
be used at a rate of 1.1 to 1.
(5) Banking.
(A) A manufacturer of an engine family with an in-use compliance
level below the applicable emission standards for a given model year may
bank positive in-use credits for that model year for in-use averaging and
trading.
(B) A manufacturer may consider credits banked 30 days after the sub-
mission of the report. During the 30 day period ARB will work with the
manufacturer to correct any error in calculating banked credits, if neces-
sary.
(6) Trading.
Page 298.14(a)
Register 2007, No. 15; 4-13-2007
§2439
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(A) An engine manufacturer may exchange positive in-use emission
credits with other LSI engine manufacturers through trading.
(B) In-use credits for trading can be obtained from credits banked for
model years prior to the model year of the engine family requiring in-use
credits.
(C) Traded in-use credits can be used for averaging, banking, or fur-
ther trading transactions.
(D) Unless otherwise approved by the Executive Officer, a manufac-
turer that generates positive in-use credits must wait 30 days after it has
both completed in-use testing for the model year for which the credits
were generated and submitted the report before it may transfer credits to
another manufacturer or broker.
(E) In the event of a negative credit balance resulting from a transac-
tion, both the buyer and the seller are liable, except in cases involving
fraud. Engine families participating in a negative trade may be subject to
recall under section 2439 of this article.
(7) Credit Calculation.
(A) For each participating engine family, emission credits (positive or
negative) are to be calculated according to the following equation and
rounded, in accordance with ASTM E29-93a, to the nearest gram.
ASTM E29-93a has been incorporated by reference. Consistent units are
to be used throughout the equation. The following equation is used to de-
termine the credit status for an engine family whether generating positive
or negative in-use emission credits:
Credits (grams) = SALES x (STD - CL) x POWER x AF x LF x UL
Where:
SALES = the number of eligible sales tracked to the point of first retail sale
STD
CL
UL
Power =
LF
AF
the U.S. for the given engine family during the model year.
the emission standard or family emission level in g/bhp-hr or
g/kW-hr, as approproate and as noted in California Code of
Regulations, Title 13, Section 2433.
compliance level of the in-use testing in g/bhp-hr or g/kW-hr,
as appropriate as approved by ARB.
useful life in hours (5000 hours for engines with displacement)
greater than 1.0 liter.
the average power of an engine family in bhp or kW (sales
weighted). The power of each configuration is the rated output in
horsepower as
determined by SAE J1349 (June 1995) or J1995 (June 1995), as
applicable. These procedures have been incorporated by reference.
Load factor; Fraction of rated engine power utilized in-use (0.32 for
engines with displacement greater than 1 .0 liter.
adjustment factor for the number of tests conducted, as determined
from the following table, except that when a manufacturer concedes
failure before completion of testing, the adjustment factor shall
be 1.0:
Number of
Engines Tested
2*, 4
6
8
10
Adjustment
Factor
0.5
0.75
0.9
1.0
*SmaIl volume manufacturer
(B) Any credits used for either averaging, banking, or trading shall be
assessed a one-time discount of 10 percent.
(8) Maintenance of records.
(A) Any manufacturer that is participating in the in-use credit program
set forth in this subsection shall establish, maintain, and retain the records
with respect to its participation in the in-use credit program.
(B) The Executive Officer may void an Executive Order for an engine
family for which the manufacturer fails to retain the records required un-
der this section or to provide such information to the Executive Officer
or designee upon request.
(9) Reporting requirements.
(A) Any manufacturer who participates in the in-use credit program
is required to submit an end of the model year in-use testing report either
within 90 days of the end of the model year in-use testing of a given mod-
el year's engine families, or at the same time as the final certification av-
eraging, banking, and trading report, whichever is later. The end of the
model year in-use testing report must contain the required information
and show the calculated credits from all the in-use testing conducted by
the manufacturer for a given model year.
(B) Reports shall be submitted to the Chief of the Mobile Source Op-
erations Division.
(C) A manufacturer that fails to submit a timely report as required will
be considered to not have participated in the in-use credit program.
(D) If the Executive Officer or the manufacturer determines that a re-
porting error occurred on an end of model year report previously sub-
mitted to ARB under this subsection, or an engine family in-use testing
report submitted to ARB, the manufacturer's credits and credit calcula-
tions will be recalculated. Erroneous positive credits will be void. Erro-
neous negative credits may be adjusted by the Executive Officer. An up-
date of previously submitted "point of first retail sale" information is not
considered an error and no increase in the number of credits will be al-
lowed unless an error occurred in the calculation of credits due to an error
in the "point of first retail sale" information from the time of the original
end of model year report.
(10) Notice of Opportunity for Hearing.
Any voiding of an engine family's Executive Order will occur only af-
ter the manufacturer concerned has been offered an opportunity for a
hearing. The Executive Officer must approve or disapprove the docu-
ments required by this Section within 90 days of the date such documents
are received from the manufacturer. Any disapproval must be accompa-
nied by a statement of the reasons therefor. In the event of disapproval,
the manufacturer may file for an adjudicative hearing u nder Title 17,
California Code of Regulation, Division 3, Chapter 1, Subchapter 1.25
to review the decision of the Executive Officer.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and
43104, Health and Safety Code. Reference: Sections 4301 3, 43017, 43018, 43101,
43102, 43104, 43105, 43150, 43151. 43152, 43153, 43154, 43205.5, 43210,
43210.5, 4321 1 and 43212, Health and Safety Code.
History
1. New section filed 10-19-99; operative 11-18-99 (Register 99, No. 43).
2. Amendment of subsection (e)(7) and Note filed 4-12-2007; operative
5-12-2007 (Register 2007, No. 15).
§ 2439. Procedures for In-Use Engine Recalls for Large
Off-Road Spark-Ignition Engines with an
Engine Displacement Greater Than 1.0 Liter.
(a) The recall procedures in this section apply as set forth in Title 13,
California Code of Regulations, Sections 2433 and 2438.
(b) Voluntary Emissions Recall
(1) When any manufacturer initiates a voluntary emission recall, the
manufacturer shall notify the Executive Officer of the recall at least 30
days before owner notification is to begin. The manufacturer shall also
submit to the Executive Officer a voluntary recall plan for approval, as
prescribed in the following:
(A)(i) a description of each class or category of engines to recall, in-
cluding the number of engines to be recalled, the engine family or a sub-
group thereof, the model year, and such other information as may be re-
quired to identify the engines:
(ii) a description of the specific modifications, alterations, repairs,
corrections, adjustments, or other changes to be made to correct the en-
gines affected by the nonconformity;
(iii) a description of the method by which the manufacturer will notify
engine owners including copies of any letters of notification to be sent
to engine owners;
(iv) a description of the proper maintenance or use, if any, upon which
the manufacturer conditions eligibility for repair under the recall plan,
and a description of the proof to be required of an engine owner to demon-
strate compliance with any such conditions;
(v) a description of the procedure to be followed by engine owners to
obtain correction of the nonconformity. This shall include designation of
the date on or after which the owner can have the nonconformity reme-
died, the time reasonably necessary to perform the labor to remedy the
nonconformity, and the designation of facilities at which the nonconfor-
mity can be remedied;
•
Page 298.14(b)
Register 2007, No. 15; 4-13-2007
Title 13
Air Resources Board
§2439
(vi) a description of the class of persons other than dealers and autho-
rized warranty agents of the manufacturer who wilJ remedy the noncon-
formity;
(vii) a description of the system by which the manufacturer will assure
that an adequate supply of parts is available to perform the repair under
the plan; or
(B)(i) a description of each class or category of engines subject to re-
call, including the number of engines subject to being recalled, the engine
family or a sub-group thereof, the model year, and such other informa-
tion as may be required to identify the engines;
(ii) a description of the method by which the manufacturer will use the
in-use emissions credit, averaging, banking, and trading program, as de-
scribed in Section 2438(e), to remedy the nonconformity.
(2) Voluntary Recall Progress Report. A manufacturer who initiates
a voluntary emission recall campaign pursuant to paragraph (b)( l)(A) of
this section must submit at least one report on the progress of the recall
campaign. This report shall be submitted to the Executive Officer by the
end of the fifth quarter, as defined in Section 21 1 2(j), Chapter 2, Title 13
of the California Code of Regulations, following the quarter in which the
notification of equipment or engine owners was initiated, and include the
following information:
(A) Engine family involved and recall campaign number as designated
by the manufacturer.
(B) Date owner notification was begun, and date completed.
(C) Number of equipment or engines involved in the recall campaign.
(D) Number of equipment or engines known or estimated to be af-
fected by the nonconformity.
(E) Number of equipment or engines inspected pursuant to the recall
plan and found to be affected by the nonconformity.
(F) Number of inspected equipment or engines.
(G) Number of equipment or engines receiving repair under the recall
plan.
(H) Number of equipment or engines determined to be unavailable for
inspection or repair under the recall plan due to exportation, theft, scrap-
ping, or for other reasons (specify).
(I) Number of equipment or engines determined to be ineligible for re-
call action due to removed or altered components.
(J) A listing of the identification numbers of equipment or engines sub-
ject to recall but for whose repair the manufacturer has not been invoiced.
This listing shall be supplied in a standardized computer data storage de-
vice to be specified by the Executive Officer.
(K) Any service bulletins transmitted to dealers which relate to the
nonconformity and which have not previously been submitted.
(L) All communications transmitted to equipment or engine owners
which relate to the nonconformity and which have not previously been
submitted.
(3) The information gathered by the manufacturer to compile the re-
ports must be retained for not less than seven years from the date of the
manufacture of the engines and must be made available to the Executive
Officer or designee of the Executive Officer upon request.
(4) A voluntary recall plan shall be deemed approved unless disap-
proved by the Executive Officer within 20 business days after receipt of
the recall plan.
(5) Under a voluntary recall program, initiated and conducted by a
manufacturer or its agent or representative as a result of in-use enforce-
ment testing or other evidence of noncompliance provided or required by
the Board to remedy any nonconformity, the capture rate shall be at a
minimum 55 percent of the equipment or engine within the subject en-
gine family or a sub-group thereof. The manufacturer shall comply with
the capture rate by the end of the fifth quarter, as defined in Section
21 120), Chapter 2, Title 13 of the California Code of Regulations, fol-
lowing the quarter in which the notification of equipment or engine own-
ers was initiated. If the manufacturer cannot correct the percentage of
equipment specified in the plan by the applicable deadlines, the manufac-
turer must use good faith efforts through other measures, subject to ap-
proval by the Executive Officer, to bring the engine family into com-
pliance with the standards. If the Executive Officer does not approve the
manufacturer's efforts, the manufacturer shall propose mitigation mea-
sures to offset the emissions of the unrepaired equipment within 45 days
from the last report filed pursuant to paragraph (b)(2), above. The Execu-
tive Officer shall approve such measures provided that:
(A) The emission reductions from the recalled and repaired equipment
or engines and the mitigation measures are equivalent to achieving the
capture rate; and
(B) The emission reductions from the mitigation measures are real and
verifiable; and
(C) The mitigation measures are implemented in a timely manner,
(c) Initiation and Notification of Ordered Emission-Related Recalls.
(1) A manufacturer shall be notified whenever the Executive Officer
has determined, based on production-line test results or in-use test re-
sults, enforcement testing results, or any other information, that a sub-
stantia] number of a class or category of equipment or engines produced
by that manufacturer, although properly maintained and used, contain a
failure in an emission-related component which, if uncorrected, may re-
sult in the equipments' or engines' failure to meet applicable standards
over their useful lives; or whenever a class or category of equipment or
engines within their useful lives, on average, do not conform to the emis-
sion standards prescribed pursuant to Part 5 (commencing with Section
43000) of Division 26 of the Health and Safety Code, or any regulation
adopted by the state board pursuant thereto, other than an emissions stan-
dard applied to new engines to determine "certification" as specified in
Chapter 9, as applicable to the model year of such equipment or engines.
(2) It shall be presumed for purposes of this section that an emission-
related failure will result in the exceedance of emission standards unless
the manufacturer presents evidence in accordance with the procedures
set forth in subsections (A), (B), and (C) which demonstrates to the satis-
faction of the Executive Officer that the failure will not result in excee-
dance of emission standards within the useful life of the equipment or en-
gine.
(A) In order to overcome the presumption of noncompliance set forth
in paragraph (c)(2) above, the average emissions of the equipment and
engines with the failed emission-related component must comply with
applicable emission standards. A manufacturer may demonstrate com-
pliance with the emission standards by following the procedures set forth
in either paragraphs (c)(2)(B) or (c)(2)(C) of this section.
(B) A manufacturer may test properly maintained in-use equipment
with the failed emission-related component pursuant to the applicable
certification emission tests specified in Section 2433, Title 13 of the
California Code of Regulations. The emissions shall be projected to the
end of the equipment's or engine's useful life using in-use deterioration
factors. The in-use deterioration factors shall be chosen by the manufac-
turer from among the following:
(i) "Assigned" in-use deterioration factors provided by the ARB on a
manufacturer's conditions; request and based on ARB in-use testing; or,
(ii) deterioration factors generated during certification, provided ad-
justments are made to account for equipment aging, customer hour
usage-accumulation practices, type of failed component, component
failure mode, effect of the failure on other emission-control components,
commercial fuel and lubricant quality, and any other factor which may
affect the equipment's or engine's operating or,
(iii) subject to approval by the Executive Officer, a manufacturer-gen-
erated deterioration factor. Such deterioration factor must based on in-
use data generated from certification emission tests performed on proper-
ly maintained and used equipment in accordance with the procedures set
forth in Section 2433 of Title 13 of the California Code of Regulations,
and the equipment from which it was derived must be representative of
the in-use fleet with regard to emissions performance and equipped with
similar emission control technology as equipment with the failed compo-
nent.
(C) In lieu of the equipment or engine emission testing described in
subsection (B) above and subject to approval by the Executive Officer,
a manufacturer may perform an engineering analysis, laboratory testing
Page 298.14(c)
Register 2007, No. 15; 4-13-2007
§2439 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 13
or bench testing, when appropriate, to demonstrate the effect of the fail- (4) Availability of Public Hearing.
ure. (A) The manufacturer may request a public hearing pursuant to the
(3) The notification shall include a description of each class orcatego- procedures set forth in Subchapter 1.25, Division 3, Chapter 1, Title 17,
ry of equipment or engines encompassed by the determination of non- California Code of Regulations to contest the finding of nonconformity
conformity, shall set forth the factual basis for the determination and and the necessity for or the scope of any ordered corrective action,
shall designate a date at least 45 business days from the date of receipt (B) if a manufacturer requests a public hearing pursuant to subsection
of such notification by which the manufacturer shall submit a plan to (A) above, and if the Executive Officer's determination of nonconformi-
remedy the nonconformity. ty is confirmed at the hearing, the manufacturer shall submit the recall
[The next page is 298.15.]
Page 298.14(d) Register 2007, No. 15; 4-13-2007
Title 13
Air Resources Board
§2439
plan required by Section 2439 within 30 days after receipt of the Board's
decision.
(5) Ordered Recall Plan.
(A) Unless a public hearing is requested by the manufacturer, a recall
plan shall be submitted to the Chief, Mobile Source Operations Division,
9528 Telstar Avenue, El Monte, CA 91731, within the time limit speci-
fied in the notification. The Executive Officer may grant the manufactur-
er an extension upon good cause shown.
(B) The recall plan shall contain the following:
(i) A description of each class or category of equipment or engine to
be recalled, including the engine family or sub-group thereof, the mod-
el-year, the make, the model, and such other information as may be re-
quired to identify the equipment or engines to be recalled.
(ii) A description of the nonconformity and the specific modifications,
alterations, repairs, corrections, adjustments or other changes to be made
to bring the equipment or engines into conformity including a brief sum-
mary of the data and technical studies which support the manufacturer's
decision regarding the specific corrections to be made.
(iii) A description of the method by which the manufacturer will deter-
mine the names and addresses of equipment or engine owners and the
method by which they will be notified.
(iv) A description of the procedure to be followed by equipment or en-
gine owners to obtain correction of the nonconformity including the date
on or after which the owner can have the nonconformity remedied, the
time reasonably necessary to perform the labor required to correct the
nonconformity, and the designation of facilities at which the nonconfor-
mity can be remedied. The repair shall be completed within a reasonable
time designated by the Executive Officer from the date the owner deliv-
ers the equipment or engine for repair. This requirement becomes appli-
cable on the date designated by the manufacturer as the date on or after
which the owner can have the nonconformity remedied.
(v) If some or all of the nonconforming equipment or engines are to
be remedied by persons other than dealers or authorized warranty agents
of the manufacturer, a description of such class of persons and a state-
ment indicating that the participating members of the class will be prop-
erly equipped to perform such remedial action.
(vi) The capture rate required for each class or category of equipment
or engine to be recalled. Under recalls based on exceedance of emission
standards, the capture rate shall be at a minimum 80 percent of the equip-
ment or engine within the subject engine family.
(vii) The plan may specify the maximum incentives (such as a free
tune-up or specified quantity of free fuel), if any, the manufacturer will
offer to induce equipment or engine owners to present their equipment
for repair, as evidence that the manufacturer has made a good faith effort
to repair the percentage of equipment or engines specified in the plan.
The plan shall include a schedule for implementing actions to be taken
including identified increments of progress towards implementation and
deadlines for completing each such increment.
(viii) A copy of the letter of notification to be sent to equipment or en-
gine owners.
(ix) A description of the system by which the manufacturer will assure
that an adequate supply of parts will be available to perform the repair
under the recall plan including the date by which an adequate supply of
parts will be available to initiate the repair campaign, and the method to
be used to assure the supply remains both adequate and responsive to
owner demand.
(x) A copy of all necessary instructions to be sent to those persons who
are to perform the repair under the recall plan.
(xi) A description of the impact of the proposed changes on fuel econo-
my, operation, performance and safety of each class or category of equip-
ment or engines to be recalled and a brief summary of the data, technical
studies, or engineering evaluations which support these descriptions.
(xii) A description of the impact of the proposed changes on the aver-
age emissions of the equipment or engines to be recalled based on non-
compliance described in subsection (c)(1), above. The description shall
contain the following:
(1.) Average noncompliance emission levels.
(2.) Average emission reduction or increase per pollutant resulting
from the recall repair. These averages shall be verified by the manufac-
turer by applying the proposed recall repairs to two or more in-use equip-
ment or engines representing the average noncompliance emission lev-
els. Only those equipment or engines with baseline emission levels
within 25 percent of the average emission levels of noncomplying pollut-
ants) established under the in-use enforcement test program may be
used by manufacturers to verify proposed recall repairs. The Executive
Officer may allow the use of equipment or engines exceeding these upper
averaging noncompliance limits if none which meet the limits can be rea-
sonably procured.
(3.) An estimate of the average emission level per pollutant for a class
or category of equipment or engines after repair as corrected by the re-
quired capture rate. The estimated average emission level shall comply
with the applicable emission standards. If the average emissions levels
achieved by applying the average emission reduction per equipment or
engine after repair and the estimated capture rate, do not achieve com-
pliance with the emissions standards, a manufacturer shall propose other
measures to achieve average emissions compliance.
(xiii) Any other information, reports, or data which the Executive Offi-
cer may reasonably determine to be necessary to evaluate the recall plan.
(6) Approval and Implementation of Recall Plan.
(A) If the Executive Officer finds that the recall plan is designed effec-
tively to correct the nonconformity and complies with the provisions of
this Section, he or she will so notify the manufacturer in writing. Upon
receipt of the approval notice from the Executive Officer, the manufac-
turer shall commence implementation of the approved plan. Notification
of equipment or engine owners and the implementation of recall repairs
shall commence within 45 days of the receipt of notice unless the
manufacturer can show good cause for the Executive Officer to extend
the deadline.
(B) If the Executive Officer does not approve the recall plan or the mit-
igation measures provided in this Section as submitted, the Executive Of-
ficer shall order modification of the plan or mitigation measures with
such changes and additions as he or she determines to be necessary. The
Executive Officer shall notify the manufacturer in writing of the disap-
proval and the reasons for the disapproval.
(C) The manufacturer may contest the Executive Officer's disapprov-
al by requesting a public hearing pursuant to the procedures set forth in
Subchapter 1.25, Division 3, Chapter 1, Title 1 7, California Code of Reg-
ulations. As a result of the hearing, the Board may affirm, overturn or
modify the Executive Officer's action. In its decision, affirming or modi-
fying, the Board shall specify the date by which the manufacturer shall
commence notifying equipment or engine owners and implementing the
required recall repairs.
(D) If no public hearing is requested in accordance with (C) above, the
manufacturer shall incorporate the changes and additions required by the
Executive Officer and shall commence notifying equipment or engine
owners and implementing the required recall repairs within 60 days of the
manufacturer's receipt of the Executive Officer's disapproval.
(7) Notification of Owners.
(A) Notification to equipment or engine owners shall be made by first
class mail or by such other means as approved by the Executive Officer
provided, that for good cause, the Executive Officer may require the use
of certified mail to ensure an effective notification.
(B) The manufacturer shall use all reasonable means necessary to lo-
cate equipment or engine owners provided, that for good cause, the
Executive Officer may require the manufacturer to use motor equipment
registration lists, as applicable, available from State or commercial
sources to obtain the names and addresses of equipment or engine owners
to ensure effective notification.
(C) The Executive Officer may require subsequent notification by the
manufacturer to equipment or engine owners by first class mail or other
reasonable means provided, that for good cause, the Executive Officer
may require the use of certified mail to ensure effective notification.
Page 298.15
Register 99, No. 43; 10-22-99
§2439
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(D) The notification of equipment or engine owners shall contain the
following:
(i) The statement: "The California Air Resources Board has deter-
mined that your (equipment or engine) (is or may be) releasing air pollut-
ants which exceed (California or California and Federal) standards.
These standards were established to protect your health and welfare from
the dangers of air pollution."
(ii) A statement that the nonconformity of any such equipment or en-
gines will be remedied at the expense of the manufacturer.
(iii) A statement that eligibility may not be denied solely on the basis
that the equipment or engine owner used parts not manufactured by the
original equipment manufacturer, or had repairs performed by outlets
other than the equipment or engine manufacturer's franchised dealers.
(iv) A clear description of the components which will be affected by
the recall action and a general statement of the measures to be taken to
correct the nonconformity.
(v) [Reserved]
(vi) A description of the adverse effects, if any, that an uncorrected
nonconformity would have on the performance, fuel economy, or drive-
ability of the equipment or engine or to the function of other engine com-
ponents.
(vii) A description of the procedure which the equipment or engine
owner should follow to obtain correction of the nonconformity including
the date on or after which the owner can have the nonconformity reme-
died, the time reasonably necessary to correct the nonconformity, and a
designation of the facilities located in California at which the nonconfor-
mity can be remedied.
(viii) After the effective date of the recall enforcement program re-
ferred to above, a statement that a certificate showing that the equipment
has been repaired under the recall program shall be issued by the service
facilities and that such a certificate may be required as a condition of
equipment registration or operation, as applicable.
(ix) A card to be used by a equipment or engine owner in the event the
equipment or engine to be recalled has been sold. Such card should be
addressed to the manufacturer, have postage paid, and shall provide a
space in which the owner may indicate the name and address of the per-
son to whom the equipment or engine was sold.
(x) The statement: "In order to ensure your full protection under the
emission warranty made applicable to your (equipment or engine) by
State or Federal law, and your right to participate in future recalls, it is
recommended that you have your (equipment or engine) serviced as soon
as possible. Failure to do so could be determined to be a lack of proper
maintenance of your (equipment or engine)".
(xi) A telephone number provided by the manufacturer, which may be
used to report difficulty in obtaining recall repairs.
(xii) The manufacturer shall not condition eligibility for repair on the
proper maintenance or use of the equipment except for strong or compel-
ling reasons and with approval of the Executive Officer; however, the
manufacturer shall not be obligated to repair a component which has
been removed or altered so that the recall action cannot be performed
without additional cost.
(xiii) No notice sent pursuant to Section (D), nor any other commu-
nication sent to equipment or engine owners or dealers shall contain any
statement, express or implied, that the nonconformity does not exist or
will not degrade air quality.
(xiv) The manufacturer shall be informed of any other requirements
pertaining to the notification under this section which the Executive Offi-
cer has determined are reasonable and necessary to ensure the effective-
ness of the recall campaign.
(8) Repair Label.
(A) The manufacturer shall require those who perform the repair under
the recall plan to affix a label to each equipment or engine repaired or,
when required, inspected under the recall plan.
(B) The label shall be placed in a location as approved by the Executive
Officer and shall be fabricated of a material suitable for such location and
which is not readily removable.
(C) The label shall contain the recall campaign number and a code des-
ignating the facility at which the repair, inspection for repair, was per-
formed.
(9) Proof of Correction Certificate. The manufacturer shall require
those who perform the recall repair to provide the owner of each equip-
ment or engine repaired with a certificate, through a protocol and in a for-
mat prescribed by the Executive Officer, which indicates that the non-
complying equipment or engine has been corrected under the recall
program. This requirement shall become effective and applicable upon
the effective date of the recall enforcement program referred to in this
section, above.
(10) Capture Rates and Alternative Measures.
The manufacturer shall comply with the capture rate specified in the
recall plan as determined pursuant to this Section, above, by the end of
the fifth quarter, as defined in Section 21 12(j), Chapter 2, Title 13 of the
California Code of Regulations, following the quarter in which the notifi-
cation of equipment or engine owners was initiated. If, after good faith
efforts, the manufacturer cannot correct the percentage of equipment
specified in the plan by the applicable deadlines and cannot take other
measures to bring the engine family into compliance with the standards,
the manufacturer shall propose mitigation measures to offset the emis-
sions of the unrepaired equipment within 45 days from the last report
filed pursuant to Section 2439(c)( 1 3), below. The Executive Officer shall
approve such measures provided that:
(A) The emission reductions from the recalled and repaired equipment
or engines and the mitigation measures are equivalent to achieving the
capture rate; and
(B) The emission reductions from the mitigation measures are real and
verifiable; and
(C) The mitigation measures are implemented in a timely manner.
(11) Preliminary Tests. The Executive Officer may require the
manufacturer to conduct tests on components and equipment or engines
incorporating a proposed correction, repair, or modification reasonably
designed and necessary to demonstrate the effectiveness of the correc-
tion, repair, or modification.
(12) Communication with Repair Personnel. The manufacturer shall
provide to the Executive Officer a copy of all communications which re-
late to the recall plan directed to dealers and other persons who are to per-
form the repair. Such copies shall be mailed to the Executive Officer con-
temporaneously with their transmission to dealers and other persons who
are to perform the repair under the recall plan.
(13) Recordkeeping and Reporting Requirements.
(A) The manufacturer shall maintain sufficient records to enable the
Executive Officer to conduct an analysis of the adequacy of the recall
campaign. For each class or category of equipment or engine, the records
shall include, but need not be limited to, the following:
(i) Engine family involved and recall campaign number as designated
by the manufacturer.
(ii) Date owner notification was begun, and date completed.
(iii) Number of equipment or engines involved in the recall campaign.
(iv) Number of equipment or engines known or estimated to be af-
fected by the nonconformity.
(v) Number of equipment or engines inspected pursuant to the recall
plan and found to be affected by the nonconformity.
(vi) Number of inspected equipment or engines.
(vii) Number of equipment or engines receiving repair under the recall
plan.
(viii) Number of equipment or engines determined to be unavailable
for inspection or repair under the recall plan due to exportation, theft,
scrapping, or for other reasons (specify).
(ix) Number of equipment or engines determined to be ineligible for
recall action due to removed or altered components.
(x) A listing of the identification numbers of equipment or engines
subject to recall but for whose repair the manufacturer has not been invo-
iced. This listing shall be supplied in a standardized computer data stor-
age device to be specified by the Executive Officer. The frequency of this
Page 298.16
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Title 13
Air Resources Board
§2441
submittal, as specified in subsection (C) below, may be changed by the
Executive Officer depending on the needs of recall enforcement.
(xi) Any service bulletins transmitted to dealers which relate to the
nonconformity and which have not previously been submitted.
(xii) All communications transmitted to equipment or engine owners
which relate to the nonconformity and which have not previously been
submitted.
(B) If the manufacturer determines that the original responses to sub-
sections (A)(iii) and (iv) of these procedures are incorrect, revised figures
and an explanatory note shall be submitted. Responses to subsections
(A)(v), (vi), (vii), (viii), and (ix) shall be cumulative totals.
(C) Unless otherwise directed by the Executive Officer, the informa-
tion specified in subsection (A) of these procedures shall be included in
six quarterly reports or two annual reports, beginning with the quarter in
which the notification of owners was initiated, or until all nonconforming
equipment or engines involved in the campaign have been remedied,
whichever occurs sooner. Such reports shall be submitted no later than
25 days after the close of each calendar quarter.
(D) The manufacturer shall maintain in a form suitable for inspection,
such as computer information storage devices or card files, and shall
make available to the Executive Officer or his or her authorized represen-
tative upon request, lists of the names and addresses of equipment or en-
gine owners:
(i) To whom notification was given;
(ii) Who received remedial repair or inspection under the recall plan;
and
(iii) Who were denied eligibility for repair due to removed or altered
components.
(E) The records and reports required by these procedures shall be re-
tained for not less than one year beyond the useful life of the equipment
or engines involved, or one year beyond the reporting time frame speci-
fied in subsection (C) above, whichever is later.
(14) Penalties.
Failure by a manufacturer to carry out all recall actions ordered by the
Executive Officer pursuant to Sections 2439(c) of these procedures is a
violation of Health and Safety Code Section 43013 and 43105 and shall
subject the manufacturer, on a per engine basis, to any and all remedies
available under Part 5, Division 26 of the Health and Safety Code, sec-
tions 43000 et seq.
(d) Extension of Time. The Executive Officer may extend any dead-
line in the plan if he or she finds in writing that a manufacturer has shown
good cause for such extension.
(e) The Executive Officer may waive any or all of the requirements of
these procedures if he or she determines that the requirement constitutes
an unwarranted burden on the manufacturer without a corresponding
emission reduction.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102,
43104 and 43105, Health and Safety Code. Reference: Sections 43000, 43009.5,
43013,43017,43018,43101,43102,43104,43105,43106,43107,43150-43154,
43205-43205.5 and 43210-43212, Health and Safety Code.
History
1. New section filed 10-19-99; operative 11-18-99 (Register 99, No. 43).
Article 4.7. Spark-Ignition Marine Engines
§ 2440. Applicability.
(a)(1) This article applies to model year 2001 and later spark-ignition
marine engines, unless otherwise indicated.
(2) Every new spark-ignition marine engine that is manufactured for
sale, sold, or offered for sale in California, or that is introduced, delivered
or imported into California for introduction into commerce, and which
is subject to any of the standards prescribed in this article must be covered
by an Executive Order, issued pursuant to this article.
(3) Spark-ignition inboard and sterndrive marine engines produced by
the engine manufacturer to be used solely for competition are exempt
from the requirements of this article, except section 2443. 1 , provided that
the marine watercrafl in which the engine is installed is designed, built,
and used solely for competition. Marine watercraft not registered with a
nationally-recognized organization that sanctions professional competi-
tive events or used for amateur or occasional competition do not meet the
competition exemption criteria.
(b) Each part of this article is severable, and in the event that any part
of this chapter is held to be invalid, the remainder of this article remains
in full force and effect.
(c)(1) For purposes of this article, military tactical vehicles or equip-
ment means vehicles or equipment owned by the U.S. Department of De-
fense and/or the U.S. military services and used in combat, combat sup-
port, combat service support, tactical or relief operations, or training for
such operations.
(2) This article shall not apply to engines used in off-road military tac-
tical vehicles or equipment which have been exempted from regulations
under the federal national security exemption, 40 CFR, subpart J. section
90.908, which is incorporated by reference herein. It shall also not apply
to those vehicles and equipment covered by the definition of military tac-
tical vehicle that are commercially available and for which a federal cer-
tificate of conformity has been issued under 40 CFR Part 91 , subpart B,
which is incorporated by reference herein.
(3) The U.S. Department of Defense shall submit to the ARB a list of
all vehicles and equipment that are exempted under the above provisions
and which are located in the State of California. If any additional vehicle
and equipment types are added to the list during any calendar year, the
U.S. Department of Defense shall update the list and submit it to the ARB
by January 1 of the following year.
NOTE: Authority cited: Sections 39600, 39601, 43013, 4301 8, 43101, 43102 and
431 04, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101,
43102, 43104, 43105,43150-43154, 43205.5 and 43210-43212, Health and Safe-
ty Code.
History
1. New article 4.7 (sections 2440-2448) and section filed 12-8-99; operative
1-7-2000 (Register 99, No. 50).
2. Amendment of subsection (a)(1), repealer of subsection (a)(2), subsection re-
numbering, new subsection (a)(3) and amendment of subsection (c)(2) filed
7-22-2002; operative 8-21-2002 (Register 2002, No. 30).
§2441. Definitions.
(a) Definitions in section 1900(b), Division 3, Chapter 9, Title 13 of
the California Code of Regulations, apply with the following additions:
(1) "Abuse" means incorrect or improper operation of an engine or
equipment unit that results in the failure of an emission-related part.
(2) "Acceptable quality level" (AQL) means the maximum percentage
of failing engines that can be considered a satisfactory process average
for sampling inspections.
(3) "ARB Enforcement Officer" means any officer or employee of the
Air Resources Board so designated in writing by the Executive Officer
or by the Executive Officer's designee.
(4) "Base Fuel Schedule" refers to the fuel calibration schedule pro-
grammed into the Engine Control Module or PROM when manufactured
or when updated by some off-board source, prior to any learned on-
board correction.
(5) "Boat manufacturer," as it applies in Section 2442(b), means any
person or business entity engaged in the manufacturing, assembling, or
importing of new vessels equipped with inboard or sterndrive engines for
sale in California, or engaged in the sale, offer for sale, introduction, de-
livery or importation of such vessels into California for introduction into
commerce. Included are those who act for and are under the control of
any such person or business entity in connection with the distribution of
such vessels. The term boat manufacturer does not include any person or
business entity whose sole activities are the direct sale of said vessels to
ultimate purchasers or the servicing of said vessels.
(6) "Capture rate" means the percentage of in-use engines subject to
recall which must be corrected to bring the class of engines into com-
pliance. The number of engines subject to recall shall be based on the ac-
tual number of engines in use as verified by engine registration records
Page 298.17
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§2441
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
compiled and prepared by industry, or a comparable source as deter-
mined by the Executive Officer at the time a recall is initiated.
(7) "Carryover engine family" means an engine family that undergoes
certification using carryover test data from previous model years.
(8) "CE10 fuel" is a blend of 45% toluene, 45% iso-octane, and 10%
ethanol that has been standardized in the American Society of Testing
and Materials publication D471-98 (ASTM D471-98) as a reference
fuel for evaluating the evaporative permeability of fuel-containing mate-
rials.
(9) "Certification" means, with respect to new spark-ignition marine
engines, obtaining an Executive Order for an engine family complying
with the spark-ignition marine engine exhaust emission standards and
requirements specified in Title 13, California Code of Regulations, sec-
tions 2442 and 2447.
(10) "Complete engine assembly" or "complete engine configuration"
means an assembly of a basic engine and all of the specific applicable
components (e.g., air inlet, fuel and exhaust systems, etc.) and calibra-
tions (e.g., carburetor jet size, valve timing, etc.) required for the assem-
bly to be installed in a new unit of equipment.
(11) "Continuous monitoring" means sampling at a rate no less than
two samples per second. If for engine control purposes, a computer input
component is sampled less frequently, the value of the component may
instead be evaluated each time sampling occurs.
(12) "Direct Emissions Device" means any powertrain component or
system that has been designed specifically to control emissions perfor-
mance, or that is an essential element of engine fueling and/or combus-
tion that can affect emissions performance by design or through calibra-
tion (e.g., fuel metering, fuel delivery, etc.).
(13) "ECM hour-meter" means a device that is integrated into the en-
gine control module (ECM) and that is capable of storing and increment-
ing time intervals based on the clock rate of the ECM.
(14) "Emission control system" means any device, system, or element
of design that controls or reduces the emission of substances from an en-
gine.
(15) "Enforcement test results" means data or information gathered
through enforcement programs conducted by the Air Resources Board.
These programs include, but are not limited to, field inspections, in-use
compliance testing, assembly-line testing.
(16) "Engine family" means a subclass of a basic engine based on sim-
ilar emission characteristics. The engine family is the grouping of en-
gines that is used for the purposes of certification.
(17) "Engine identification number" means a unique specification (for
example, model number/serial number combination) that allows each
spark-ignition marine engine to be distinguished from other similar en-
gines.
(18) "Engine manufacturer" means the manufacturer granted certifi-
cation.
(19) "Engine misfire" means lack of combustion in the cylinder due
to absence of spark, poor fuel metering, poor compression, or any other
cause.
(20) "Engine start" is defined as the point at which normal, synchro-
nized spark and fuel control is obtained or when the engine reaches a
speed 150 revolutions per minute (rpm) below the normal, warmed-up
idle speed.
(21) "Exhaust emissions" means matter emitted into the environment
from any opening downstream from the exhaust port of a spark-ignition
marine engine.
(22) "Executive Officer" means the Executive Officer of the Air Re-
sources Board or his or her authorized representative.
(23) "Executive Order" means an order issued by the Executive Offi-
cer certifying engines for sale in California.
(24) "Family Emission Limit" means an emission value assigned by
a marine engine manufacturer to an engine family for the purpose of com-
plying with a corporate average exhaust emission standard. The Family
Emission Limit (FEL) must not exceed the limit specified in this Article.
(25) "Fuel system" means all components involved in the transport,
metering, and mixture of the fuel from the fuel tank to the combustion
chamber(s) including, but not limited to the following: fuel tank, fuel
tank cap, fuel pump, fuel lines, oil injection metering system, carburetor
or fuel injection components, and all fuel system vents.
(26) "Fuel trim" refers to feedback adjustments to the base fuel sched-
ule. Short-term fuel trim refers to dynamic or instantaneous adjustments.
Long-term fuel trim refers to much more gradual adjustments to the fuel
calibration schedule than short-term trim adjustments. These long-term
adjustments compensate for engine differences and gradual changes that
occur over time.
(27) "Functional check" for an output component means verification
of proper response to a computer command. For an input component,
functional check means verification of the input signal being in the range
of normal operation, including evaluation of the signal's rationality in
comparison to all available information.
(28) "Inboard Engine" means a four-stroke spark-ignition marine en-
gine not used in a personal watercraft that is designed such that the pro-
peller shaft penetrates the hull of the marine watercraft while the engine
and the remainder of the drive unit is internal to the hull of the marine wa-
tercraft.
(29) "Inspection criteria" means the pass and fail numbers associated
with a particular sampling plan.
(30) "Low-permeation fuel line (or supply) hose" means a fuel hose
that does not exceed a 15.0 grams per square meter per day permeation
rate on CE10 fuel at 23° Celsius, as tested per SAE J 1527.
(3 1 ) "Malfunction" means the inability of an emission-related compo-
nent or system to remain within design specifications. Further, malfunc-
tion refers to the deterioration of any of the above components or systems
to a degree that would likely cause the emissions of an aged engine with
the deteriorated components or systems present at the beginning of the
applicable certification emission test to exceed the HC+NOx emission
standard by more than 50 percent, unless otherwise specified, as applica-
ble pursuant to Chapter 1 (commencing with Section 1900), Division 3,
title 13, of the California Code of Regulations.
(32) "Marine engine manufacturer" means any person engaged in the
manufacturing or assembling of new spark-ignition marine engines or
the importing of such engines for resale, or who acts for and is under the
control of any such person in connection with the distribution of such en-
gines. A spark-ignition marine engine manufacturer does not include
any dealer with respect to new spark-ignition marine engines received
by such person in commerce.
(33) "Marine warm-up cycle" means sufficient engine operation such
that the coolant temperature has risen by at least 40 degrees Fahrenheit
from engine starting and reaches a minimum temperature of at least 140
degrees Fahrenheit.
(34) "Marine watercraft" means every description of boat, ship or oth-
er artificial contrivance used, or capable of being operated on water.
(35) "Maximum Rated Power" means the maximum brake kilowatt
output of an engine at rated speed, as stated in the manufacturer's applica-
tion for certification.
(36) "Model year" means the engine manufacturer's annual new mod-
el production period which includes January 1 of the calendar year for
which the model year is named, ends no later than December 31 of the
calendar year, and does not begin earlier than January 2 of the previous
calendar year. Where an engine manufacturer has no annual new model
production period, model year means the calendar year.
(37) "New", for purposes of this Article, means a spark-ignition ma-
rine engine or watercraft the equitable or legal title to which has never
been transferred to an ultimate purchaser. Where the equitable or legal
title to the engine or watercraft is not transferred to an ultimate purchaser
until after the engine or watercraft is placed into service, then the engine
or watercraft will no longer be new after it is placed into service. A spark-
ignition marine engine or watercraft is placed into service when it is used
for its functional purposes. With respect to imported spark-ignition ma-
•
Page 298.18
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Title 13
Air Resources Board
§2442
rine engines or watercraft, the term "new" means an engine or watercraft
that is not covered by an Executive Order issued under this Article at the
time of importation, and that is manufactured after the effective date of
a section in this Article which is applicable to such engine or watercraft,
or which would be applicable to such engine or watercraft had it been
manufactured for importation into the United States.
(38) "Nonconformity" or "Noncompliance", for the purposes of Title
13, California Code of Regulations, section 2444.1 . means that:
(A) a significant number, determined by the Executive Officer, of a
class of engines, although properly maintained and used, experience a
failure of the same emission-related component(s) within their useful
lives which, if uncorrected, results in the engines' failure to comply with
the emission standards prescribed under section 2442 which are applica-
ble to the model year of such engines; or
(B) a class of engines that at any time within their useful lives, although
properly maintained and used, on average does not comply with the emis-
sion standards prescribed under section 2442 which are applicable to the
model year of such engines.
(39) "Operating cycle" consists of engine startup, engine run, and en-
gine shutoff.
(40) "Original equipment manufacturer" means a manufacturer who
purchases engines for installation in its equipment for sale to ultimate
purchasers.
(41) "Outboard engine" means a spark-ignition marine engine that,
when properly mounted on a marine watercraft in the position to operate,
houses the engine and drive unit external to the hull of the marine water-
craft.
(42) "Personal watercraft engine" means a spark-ignition marine en-
gine that does not meet the definition of outboard engine, inboard engine
or sterndrive engine, except that the Executive Officer may, in his or her
discretion, classify a personal watercraft engine as an inboard or stern-
drive engine if it is comparable in technology and emissions to an inboard
or sterndrive engine.
(43) "Production-line tests" are emission tests performed on a sample
of production engines produced for sale in California and conducted in
accordance with Title 13, California Code of Regulations, section
2446(a).
(44) "Redline engine speed" means the engine manufacturer recom-
mended maximum engine speed as normally displayed on instrument
panel tachometers, or the engine speed at which fuel shutoff occurs.
(45) "Response rate," with regards to oxygen sensors, refers to the
delay (measured in milliseconds) between a switch of the sensor from
lean to rich or vice versa in response to a change in fuel/air ratio above
and below stoichiometric.
(46) "Sales" or "Eligible sales" means the actual or calculated sales of
an engine family in California for the purposes of corporate averaging
and production-line testing. Upon Executive Officer approval, an engine
manufacturer may calculate its eligible sales through market analysis of
actual federal production or sales volumes.
(47) "Scheduled maintenance" means any adjustment, repair, remov-
al, disassembly, cleaning, or replacement of components or systems re-
quired by the engine manufacturer to be performed on a periodic basis
to prevent part failure or marine watercraft or engine malfunction, or
those actions anticipated as necessary to correct an overt indication of
malfunction or failure for which periodic maintenance is not appropriate.
(48) "Spark-ignition marine engine" means any engine used to propel
a marine watercraft, and which utilizes the spark-ignition combustion
cycle; including, but not limited to personal watercraft, outboard, in-
board and sterndrive engines.
(49) "Sterndrive engine" means a four-stroke spark-ignition marine
engine not used in a personal watercraft that is designed such that the
drive unit is external to the hull of the marine watercraft, while the engine
is internal to the hull of the marine watercraft.
(50) "Test engine" means the engine or group of engines that an engine
manufacturer uses during certification, production line and in-use test-
ing to determine compliance with emission standards.
(51) "Test Procedures" means the document entitled "California Ex-
haust Emission Standards and Test Procedures for 200 1 Model Year and
Later Spark-Ignition Marine Engines," which includes the standards and
test procedures applicable to 2001 and later spark-ignition personal wa-
tercraft, outboard, inboard and sterndrive marine engines, as adopted Oc-
tober 21, 1999 and as last amended September 22, 2006. This document
is incorporated by reference herein.
(52) "Ultimate purchaser" means, with respect to any new spark-igni-
tion marine engine, the first person who in good faith purchases such new
spark-ignition marine engine for purposes other than resale.
(53) "U.S.C." means United States Code.
(54) "Used solely for competition" means exhibiting features that are
not easily removed and that would render its use other than in competi-
tion unsafe, impractical, or highly unlikely.
(55) "Useful life" for spark-ignition marine engines means nine years
for personal watercraft engines and sixteen years for outboard, inboard
and sterndrive engines.
(56) "Warranty period" means the period of time the engine or part is
covered by the warranty provisions.
(57) "Warranty station" means any dealer, service center or other
agent that is authorized by the engine manufacturer to perform diagnostic
labor, repairs or replacements of warranted engine components.
NOTE: Authority cited: Sections 39600, 39601, 43013, 4301 8, 43101, 43102 and
431 04, Health and Safety Code. Reference: Sections 430 13, 43017, 43018, 43101,
43102, 43104, 43105, 43150-43154, 43205.5 and 43210-43212, Health and Safe-
ty Code.
History
1. New section filed 12-8-99; operative 1-7-2000 (Register 99, No. 50).
2. New subsections (a)(4), (9), (14)-(16), (22)-(23), (26), (28), (33), (38)-(39),
(45) and (48), subsection renumbering and amendment of newly designated
subsections (a)(31)-(32), (36), (42), (46) and (49) filed 7-22-2002; operative
8-21-2002 (Register 2002, No. 30).
3. New subsections (a)(5), (a)(8), (a)(12)-(13), (a)(30) and (a)(35), subsection re-
numbering and amendment of newly designated subsection (a)(51) filed
11-13-2006; operative 12-13-2006 (Register 2006, No. 46).
§ 2442. Emission Standards.
(a) Model year 2001 and later model year spark-ignition personal wa-
tercraft and outboard marine engines:
(1) Exhaust emissions from new spark-ignition marine engines
manufactured for sale, sold, or offered for sale in California, or that are
introduced, delivered or imported into California for introduction into
commerce must not exceed the hydrocarbon plus oxides of nitrogen
(HC+NOx) exhaust emission standards listed in Table 1 during its desig-
nated useful life:
Model Year
2001-2003
2004-2007
2008 and Later
Table 1.
Corporate Average Emission Standards by Implementation Date
HC+NOx (g/kW-hr)
Max. Family Emission
Limit (FEL) Plx <4.3 kW
Not Applicable
80
44
81.00
64.80
30.00
Plx ^4.3 kW
(0.25 x (ISl+SSlfPu0-9))-^.*)
(0.20 x (151+557/Ptx°-9))+4.8
(0.09 x (151+557/Ptx°-9))+2.1
where:
Ptx is the average power in kilowatts (kW) (sales-weighted) of the to-
tal number of spark-ignition marine engines produced for sale in
California in model year x. Engine power must be calculated using the
Society of Automotive Engineers (SAE) standard J 1228, November
Page 298.19
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BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
J 991, incorporated herein by reference. Engine manufacturers must
not determine Ptx by combining the power outputs of outboard engines
with the power outputs of personal watercraft engines.
(2) An engine manufacturer may comply with the standards directly
on an individual engine family basis. Consequently in Table 1 , FELs are
not applicable for any model year and Ptx means the average power in kW
(sales-weighted) of the subject engine family produced for sale in
California in model year x.
Compliance with the standards on a corporate average basis is deter-
mined as follows:
I (PRODjx)(FELjx)(Pjx)
=STDca
I (PRODjx)(Pjx)
where:
n =
PRODjx =
FELjx =
Pjx
STDca =
Total number of engine families (by category)
Number of units of each engine family j produced for
sale in California in model year x.
The Family Emission Limit (FEL) for engine family j in
model year x, which must be determined by the engine
manufacturer subject to the following conditions: (1 ) no
individual engine family FEL shall exceed the maxi-
mum allowed value as specified in Table 1 ; (2) no engine
family designation or FEL shall be amended in a model
year unless the engine family is recertified; and (3) prior
to sale or offering for sale in California, each engine fam-
ily must be certified in accordance with the test proce-
dures referenced in section 2447 and must meet the en-
gine manufacturer' s FEL as a condition of the Executive
Order. Before certification, the engine manufacturer
must also submit estimated production volumes for each
engine family to be offered for sale in California.
The average power in kW (sales-weighted) of engine
family j produced for sale in California in model year x.
Engine power must be calculated using SAE standard
J1228, November 1991, incorporated herein by refer-
ence.
An engine manufacturer's calculated corporate average
HC+NOx exhaust emissions from those California
spark-ignition marine engines subject to the California
corporate average HC+NOx exhaust emission standard
determined from Table 1 , as established by an Executive
Order certifying the California production for the model
year. This Executive Order must be obtained prior to the
issuance of certification Executive Orders for individual
engine families for the model year.
(A) For purposes of compliance under this paragraph, engine
manufacturers must not corporate average outboard engine families in
combination with personal watercraft engine families.
(B) During the engine manufacturer's production year, for each en-
gine family, the engine manufacturer shall provide the Executive Officer
within 45 days after the last day in each calendar quarter the total number
of spark-ignition marine engines produced for sale in California and
their applicable FEL(s).
(C) The Executive Order certifying the California production for a
model year must be obtained prior to the issuance of certification Execu-
tive Orders for individual engine families for the model year.
(D) The engine manufacturer's average HC+NOx exhaust emissions
must meet the corporate average standard at the end of the engine
manufacturer's production for the model year. At the end of the model
year, the manufacturer must calculate a corrected corporate average us-
ing sales or eligible sales rather than projected sales.
(E) Production and sale of spark-ignition marine engines that result in
noncompliance with the California standard for the model year shall
cause an engine manufacturer to be subject to: revocation or suspension
of Executive Orders for the applicable engine families; enjoinment from
any further sales, or distribution, of such noncompliant engine families,
in the State of California pursuant to section 43017 of the Health and
Safety Code; and all other remedies available under Part 5, Division 26
of the Health and Safety Code. Before seeking remedial action against
the engine manufacturer, the Executive Officer will consider any in-
formation provided by the equipment manufacturer.
(F) For each model, the engine manufacturer shall submit California
sales data ninety (90) days after the end of the model year.
(b) Model year 2003 and later model year spark-ignition inboard and
sterndrive marine engines:
( 1 ) Exhaust emissions from new model year 2003 and later spark-igni-
tion inboard and sterndrive marine engines must not exceed the exhaust
emission standards listed in Table 2 for the designated emission durabili-
ty test period. Prior to Model Year 2007 certification, each engine
manufacturer must select either Option 1 (OPT 1) or Option 2 (OPT 2)
for its entire production for the 2007 and 2008 model years.
Table 2.
Inboard/Sterndrive Marine Engine Standards
MODEL
YEAR
RATED
POWER
[kilowatts]
COMPLIANCE
OPTION^
DURABILITY
[hours / years]
EXHAUST STANDARD
NMHCt+NOx
[grams per kilowatt-hour]
TYPE2
SUPPLEMENTAL
MEASURE*
2003-2006
kW < 373
N/A
N/A
16.0
AVE
None
2007
kW < 373
OPT1
OPT 2
N/A
480 / 10
N/A
16.0 (55%)
5.0 (45%)
14.0
AVE
FIXED
FIXED
None
Low-Permeation
Fuel Line Hoses
2008
kW < 373
OPT!
OPT 2
N/A
480/10
480/10
16.0(25%)
5.0 (75%)
5.0
AVE
FIXED
FIXED
None
Low-Permeation
Fuel Line Hoses
2009 and
later
kW < 373
373 < kW <
485
kW > 485
N/A
480/10
1505/3
505 / 1
5.06
5.06
5.06
FIXED
AVE
AVE
Carryover7
Notes:
1. Once a manufacturer has chosen an option, that option must continue to be used exclusively across product lines
2. The non-methane component of hydrocarbon
3. Corporate averaging (AVE) may be used to demonstrate compliance with the exhaust emission standard, except where a FIXED standard is required
4. Supplemental measures may be different than shown, but must provide equal and verifiable emission reductions to those indicated
Page 298.20
Register 2006, No. 46; 11-17-2006
Title 13
Air Resources Board
§ 2443.1
5. For the purpose of durability testing, engine components that have been approved with an hourly warranty period shorter than the full hourly durability period per
§ 2445.1 (c)(3)(C)4. may be replaced at the specified warranty interval
6. All engines < 373 kW must meet a 5.0 g/kW-hr NMHC+NOx capping standard. For engines > 373 kW, the standard may be met by sales-averaging with engines
equal to or less than 373 kW
7. The same or better supplemental emission control hardware used to meet the standard in 2007 must be used every model year thereafter
(A) No crankcase emissions shall be discharged into the ambient at-
mosphere from 2003 and later spark-ignition inboard and sterndrive ma-
rine engines.
(B) Production and sale of spark-ignition marine engines that result
in noncompliance with the California standard for the model year shall
cause an engine manufacturer to be subject to: revocation or suspension
of Executive Orders for the applicable engine families; enjoinment from
any further sales, or distribution, of such noncompliant engine families,
in the State of California pursuant to section 43017 of the Health and
Safety Code; and all other remedies available under Part 5, Division 26
of the Health and Safety Code. Before seeking remedial action against
the engine manufacturer, the Executive Officer will consider any in-
formation provided by the equipment manufacturer.
(C) For each engine family, the engine manufacturer shall submit the
total number of engines produced for sale in California, or the total num-
ber of engines produced for sale nationally, ninety (90) days after the end
of the model year.
(2) Compliance with the standards on a corporate averaging basis is
calculated as follows:
I(PRODjx)(ELjx)
= Corporate Average
I(PRODjx)
where:
n
= Total number of engine families available for aver-
aging
PRODjx = Number of engines in engine family j produced for
sale in California in model year x.
ELjx = The measured NMHC+NOx emission levels for en-
gine family j in model year x; or for engines > 485 kW,
the manufacturer may choose to use 30 g/kW-hr as per
paragraph (F) below.
(A) During the engine manufacturer's production year, for each en-
gine family, the engine manufacturer shall provide the Executive Officer
within 45 days after the last day in each calendar quarter the total number
of spark-ignition marine engines produced for sale in California and
their applicable EL(s).
(B) The Executive Order certifying the California production for a
model year must be obtained prior to the issuance of certification Execu-
tive Orders for individual engine families for the model year.
(C) The engine manufacturer's average NMHC+NOx exhaust emis-
sions must meet the corporate average standard at the end of the engine
manufacturer's production for the model year. At the end of the model
year, the manufacturer must calculate a corrected corporate average us-
ing sales or eligible sales rather than projected sales.
(D) Production and sale of spark-ignition marine engines that result
in noncompliance with the California standard for the model year shall
cause an engine manufacturer to be subject to: revocation or suspension
of Executive Orders for the applicable engine families; enjoinment from
any further sales, or distribution, of such noncompliant engine families,
in the State of California pursuant to section 43017 of the Health and
Safety Code; and all other remedies available under Part 5, Division 26
of the Health and Safety Code. Before seeking remedial action against
the engine manufacturer, the Executive Officer will consider any in-
formation provided by the engine manufacturer.
(E) For each engine family, the engine manufacturer shall submit
California sales data within one hundred eighty (180) days after the end
of the model year.
(F) Engines exceeding 485 kilowatts maximum rated power: In lieu of
exhaust emission testing, manufacturers may certify using a default ex-
haust emissions level of 30.0 grams per kilowatt-hour of NMHC+NOx
in their corporate averaging calculation.
(3) Requirements of engine manufacturers and boat manufacturers un-
der Option 2 and using Low Permeation Fuel Line Hose:
(A) Each engine manufacturer that chooses Option 2 must provide
written instructions, as part of the installation materials provided to pur-
chasers of the engine, to use Low Permeation Fuel Line Hose for the pri-
mary fuel line connecting the fuel tank to the engine of any boat that is
manufactured for sale, sold, or offered for sale in California, or that is
introduced, delivered or imported into California for introduction into
commerce.
(B) Each boat manufacturer must install Low Permeation Fuel Line
Hose for the primary fuel line connecting the fuel tank to the engine of
any boat that is manufactured for sale, sold, or offered for sale in Califor-
nia that uses an engine from a manufacturer that chooses Option 2.
(4) Supplemental Measures. Prior to Model Year 2007 certification,
manufacturers choosing Option 2 may request Executive Officer approv-
al of a supplemental measure as an alternative to meeting the require-
ments of paragraph (b)(3). In determining whether to approve a request,
the Executive Officer will consider the following:
(A) Whether the proposed supplemental measure would achieve re-
ductions in NMHC+NOx equivalent to using Low-Permeation Fuel Line
Hoses,
(B) The engine manufacturer's measures to ensure successful imple-
mentation of the proposed supplemental measure,
(C) The durability of the proposed supplemental measure, and
(D) Any additional information the Executive Officer deems relevant.
(c) The test equipment and test procedures for determining com-
pliance with these standards are set forth in Parts III and IV, respectively,
of the "Test Procedures."
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and
43 1 04, Health and Safety Code. Reference: Sections 4301 3, 4301 7, 4301 8, 43 101 ,
43102, 43104, 43105, 43150-431 54, 43205.5 and 43210-43212, Health and Safe-
ty Code.
History
1. New section filed 12-8-99; operative 1-7-2000 (Register 99, No. 50).
2. Amendment filed 7-22-2002; operative 8-21-2002 (Register 2002, No. 30).
3. Amendment filed 1 1-13-2006; operative 12-13-2006 (Register 2006, No. 46).
§ 2443.1. Emission Control Labels — Model Year 2001 and
Later Spark-Ignition Marine Engines.
(a) Purpose. The Air Resources Board recognizes that certain emis-
sions-critical or emissions-related parts must be properly identified and
maintained to ensure that engines meet the applicable emission stan-
dards. The purpose of this section is to require engine manufacturers to
affix a label (or labels) on each production engine (or watercraft, as appli-
cable) to provide the engine owner and service mechanic with informa-
tion necessary for the proper maintenance of these parts in customer use.
These specifications also require the engine manufacturer to permanent-
ly identify the engine with a unique identification number that will be
used for enforcement purposes, including in-use testing.
(b) Applicability. This section applies to:
(1) Model year 2001 and later spark-ignition personal watercraft and
outboard marine engines and model year 2003 and later spark-ignition
inboard and sterndrive marine engines, which have been certified to the
applicable emission standards pursuant to Health and Safety Code sec-
tion 43013;
(2) Engine manufacturers and original equipment manufacturers, as
applicable, that have certified such engines; and
(3) Original equipment manufacturers, regardless of whether they
have certified the engine, if their equipment obscures the emission con-
trol labels of such certified engines.
Page 298.20(a)
Register 2006, No. 46; 11-17-2006
§ 2443.1 BARCLAYS CALIFORNIA CODE OF REGULATIONS Title 13
(c) Engine Label and Location. or crankcase) in such a way that it will be readily visible to the average
(1) A legible label must be welded, riveted or otherwise permanently person after installation of the engine in the watercraft. If such an attach-
attached by the engine manufacturer to an area of the engine (e.g., block ment is not feasible, the Executive Officer may allow the label to be at-
[The next page is 298.21.]
Page 298.20(b) Register 2006, No. 46; 11-17-2006
Title 13
Air Resources Board
§ 2443.1
tached on components of the engine or watercraft assembly (as applica-
ble) that satisfy the requirements of Subsection (c)(2)(A) or (c)(2)(B) be-
low, as applicable. Such labels must be attached on all complete engine
assemblies that are produced by an engine manufacturer.
(2) (A) Personal Watercraft and Outboard Engines. In selecting an ac-
ceptable location, the engine manufacturer must consider the possibility
of accidental damage (e.g., possibility of tools or sharp instruments com-
ing in contact with the label). Each engine label must be affixed in such
a manner that it cannot be removed without destroying or defacing the
label, and must not be affixed to any engine (or watercraft, as applicable)
part that is likely to be replaced during the engine's (or watercraft's, as
applicable) useful life or that is not integral to the engine' s operation. The
engine label must not be affixed to any engine (or watercraft, as applica-
ble) component that is easily detached from the engine. If the engine
manufacturer claims there is inadequate space to attach the label, the
Executive Officer will determine a suitable location.
(B) Inboard and Sterndrive Engines. In selecting an acceptable loca-
tion, the engine manufacturer must consider visibility and the possibility
of accidental damage (e.g., possibility of tools or sharp instruments com-
ing in contact with the label). The engine label must be affixed in such
a manner that it cannot be removed without destroying or defacing the
label. The engine label must contain the unique identification number
that has been assigned to the engine, pursuant to subsection (a) of this sec-
tion. If the engine manufacturer claims there is inadequate space to attach
the label, the Executive Officer will determine a suitable location.
(3) The engine label information must be written in the English lan-
guage and use block letters (i.e., sans serif, uppercase characters) except
for units of measurement, which may be sans serif, lower-case charac-
ters. The characters must be of a color that contrasts with the background
of the label.
(4) The engine label must contain the following information:
(A) The heading "EMISSION CONTROL INFORMATION."
(B) The full corporate name or trademark of the engine manufacturer.
(i) An engine manufacturer may request the Executive Officer's ap-
proval to delete its name and trademark, and substitute the name and
trademark of another engine manufacturer, original equipment manufac-
turer or third-party distributor.
(ii) Approval under paragraph (4)(B)(i) above does not relieve the en-
gine manufacturer granted an engine family Executive Order of any re-
quirements imposed by these provisions on the applicable engines.
(C) The statement, "THIS (WATERCRAFT'S ENGINE or ENGINE,
as applicable) IS CERTIFIED TO OPERATE ON (specify operating
fuel(s))."
(D) Identification of the Exhaust Emission Control System (Abbrevi-
ations may be used and must conform to the nomenclature and abbrevi-
ations provided in the latest revision of the Society of Automotive Engi-
neer's (SAE) procedure J 1930, "Electrical/Electronic Systems
Diagnostic Terms, Definitions, Abbreviations and Acronyms", and as
specified in section 1977, Title 13, California Code of Regulations.
(E) Any specific fuel or engine lubricant requirements (e.g., fuel-oil
ratio(s), lead content, research octane number, engine lubricant type).
(F) Date of manufacture (day (optional), month and year).
(G) An unconditional statement of compliance with the appropriate
model year California regulations. For example, "THIS ENGINE CON-
FORMS TO (model year) CALIFORNIA EMISSION REGULATIONS
FOR SPARK-IGNITION MARINE ENGINES." For an engine family
certified in California with an FEL different from the FEL assigned fed-
erally for the engine family, the following statement shall be appended
to the unconditional statement of compliance: AND IS CERTIFIED TO
(specify FEL) g/kW-hr HC+NOx ENGINE FAMILY EXHAUST
EMISSION STANDARD IN CALIFORNIA."
(H) The engine family identification (i.e., engine family name). The
engine family identification shall be in accordance with the current for-
mat used by the United States Environmental Protection Agency.
(I) Engine displacement (in cubic centimeters, cubic inches, or liters)
of the individual engine upon which the engine label is affixed.
(J) The maintenance specifications and adjustments recommended by
the engine manufacturer, including, as applicable: valve lash, ignition
timing, idle air/fuel setting procedure and value (e.g., idle speed drop),
high idle speed and spark plug gap. These specifications must indicate
the proper transmission position, if applicable, during tune-up and what
accessories, if any, should be in operation, and what systems, if any (e.g.,
vacuum advance, battery, air pump), should be disconnected during the
tune-up. If the engine manufacturer does not recommend adjustment of
the foregoing specifications, the engine manufacturer may substitute in
lieu of the specifications, the single statement, "NO OTHER ADJUST-
MENTS NEEDED." For all engines, the instructions for tune-up adjust-
ments must be sufficiently clear on the engine label to preclude the need
for a mechanic or equipment owner to refer to another document in order
to correctly perform the adjustments.
(5) If there is insufficient space on the engine to accommodate an en-
gine label that contains all of the information required in Subsection (4)
above, the Executive Officer may allow the engine manufacturer to
modify the engine label in one or more of the following ways:
(A) Exclude the information required in Subsections (4)(C), (D) and
(E) from the engine label. This information must be specified elsewhere
on the engine, or in the owner's manual.
(B) Substitute the information required in Subsection (4)(J) with the
statement, "REFER TO THE OWNER'S MANUAL FOR MAINTE-
NANCE SPECIFICATIONS AND ADJUSTMENTS." When such a
statement is used, the information required by Subsection (4)(J) must be
specified in the owner's manual.
(C) Exclude the information required by Subsection (4)(F) on the en-
gine label if the date the engine was manufactured is stamped or labeled
permanently on the engine (e.g., within the serial number), and this date
is readily visible.
(d) For Inboard and Sterndrive Engines used solely for Competition.
Engines manufactured solely for use in sanctioned competition are not
required to comply with the emission standards and other requirements.
Manufacturers may incorporate the engine label to identify the engines
as produced for competition according to the provisions in this subsec-
tion.
(1) A legible label must be welded, riveted or otherwise permanently
attached by the engine manufacturer to an area of the engine in such a way
that it will be readily visible to the average person after installation of the
engine in the watercraft. If such an attachment is not feasible, the Execu-
tive Officer may allow the label to be attached on components of the en-
gine that satisfy the requirements of Subsection (d)(2). Such labels must
be attached on all complete engine assemblies that are produced by an
engine manufacturer.
(2) In selecting an acceptable location, the engine manufacturer must
consider visibility and the possibility of accidental damage (e.g., possi-
bility of tools or sharp instruments coming in contact with the label). The
engine label must be affixed in such a manner that it cannot be removed
without destroying or defacing the label. The engine label must contain
the unique identification number that has been assigned to the engine,
pursuant to subsection (a) of this section. If the engine manufacturer
claims there is inadequate space to attach the label, the Executive Officer
will determine a suitable location.
(3) The engine label information must be written in the English lan-
guage and use block letters (i.e., sans serif, uppercase characters) except
for units of measurement, which may be sans serif, lower-case charac-
ters. The characters must be of a color that contrasts with the background
of the label.
(4) The engine label must contain the following information:
(A) The heading "EMISSION CONTROL INFORMATION."
(B) The full corporate name or trademark of the engine manufacturer.
(i) An engine manufacturer may request the Executive Officer's ap-
proval to delete its name and trademark, and substitute the name and
trademark of another engine manufacturer, original equipment manufac-
turer or third-party distributor.
Page 298.21
Register 2002, No. 30; 7-26-2002
§ 2443.2
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(ii) Approval under paragraph (4)(B)(i) above does not relieve the en-
gine manufacturer granted an engine family Executive Order of any re-
quirements imposed by these provisions on the applicable engines.
(C) Date of manufacture (day (optional), month and year).
(D) An unconditional statement of noncompliance with the appropri-
ate model year California regulations. For example, "THIS ENGINE
DOES NOT CONFORM TO (model year) CALIFORNIA EMISSION
REGULATIONS FOR SPARK-IGNITION MARINE ENGINES AND
MAY NOT BE INSTALLED ON A BOAT FOR ANY PURPOSE OTH-
ER THAN COMPETITION."
(E) Engine displacement (in cubic centimeters, cubic inches, or liters)
of the individual engine upon which the engine label is affixed.
(e) An engine label may state that such engine conforms to any other
applicable state or federal emission standards for new spark-ignition ma-
rine engines, or any other information that the engine manufacturer
deems necessary for, or useful to, the proper operation and satisfactory
performance of the engine.
(f) Engine identification number. Each engine must have a legible,
unique engine identification number permanently affixed to or engraved
on the engine.
(g) Supplemental Engine Label Content and Location for Personal
Watercraft and Outboard Engines only.
(1) When a final engine, equipment, or watercraft assembly that is
marketed to any ultimate purchaser is manufactured and the engine label
affixed by the engine manufacturer is not readily visible, the manufactur-
er of the final engine, equipment or watercraft assembly (i.e., original
equipment manufacturer) must affix a supplemental engine label upon
the engine, equipment or watercraft. The supplemental label must be
made of plastic or metal, and must be welded, riveted or otherwise af-
fixed permanently to an area of the engine, equipment or watercraft so
as to be readily visible.
(2) The original equipment manufacturer required to affix a supple-
mental label must consider the possibility of accidental damage to the
supplemental engine label in the determination of the label location. Such
a label must not be attached to any engine, equipment or watercraft com-
ponent that is likely to be replaced during the useful life of the engine,
equipment or watercraft (as applicable), and/or is not integral to the en-
gine's operation. Such a label must not be attached to any engine or
equipment component that is easily detached from the engine, equipment
or watercraft (as applicable).
(3) The supplemental engine label must conform to the engine label
requirements in Subsections (c)(3) and (4), except that the date of
manufacture specified in Subsection (c)(4)(F) may be deleted from the
supplemental engine label. When the date of engine manufacture does
not appear on the supplemental engine label, the responsible original
equipment manufacturer must display (e.g., label, stamp, etc.) the date
elsewhere on the engine, equipment or watercraft so as to be readily vis-
ible. The original equipment manufacturer must also display the engine
identification number elsewhere on the engine that is readily visible if the
original number is obscured by the equipment manufacturer's equip-
ment.
(h) As used in this section, readily visible means that a label is readable
by an average person from a distance of 46 centimeters (18 inches) with-
out any obstructions from equipment, watercraft or engine parts (includ-
ing all engine manufacturer or original equipment manufacturer (as ap-
plicable) available optional equipment) except for flexible parts (e.g.,
vacuum hoses, ignition wires) that can be moved out of the way without
disconnection. Alternatively, the label and engine identification in-
formation required by these specifications must be no smaller than two
(2) millimeters in height (with the exception of units of measurement)
provided that no equipment or engine parts (including all engine
manufacturer available optional equipment), except for flexible parts,
obstruct the label(s).
(i) The label(s), engine identification number(s) and any adhesives
used must be designed to withstand, for the engine's or watercraft' s use-
ful life, typical environmental conditions in the area where the label(s)
required by this section are affixed. Typical equipment environmental
conditions include, but are not limited to, exposure to extreme heat or
cold, engine fuels, lubricants and coolants (e.g., gasoline, motor oil, salt-
water, ethylene glycol). The engine manufacturer must submit, with its
certification application, a statement attesting that its labels and engine
identification numbers comply with these requirements.
(j) The engine manufacturer must obtain approval from the Executive
Officer for all label and engine identification number formats and loca-
tions in conjunction with the engine family certification. Approval of
specific maintenance settings on labels is not required; however, the for-
mat for all such setting and tolerances, if any, is subject to review. If the
Executive Officer finds that the information on the label or engine identi-
fication number is vague or subject to misinterpretation, or that the loca-
tion does not comply with these specifications, the Executive Officer
may require that the label(s), engine identification number(s) or loca-
tion^) be modified accordingly.
(k) Samples of all actual production labels used within an engine fami-
ly must be submitted to the Executive Officer within thirty days after the
start of production. Engine manufacturers must provide samples of their
own applicable production labels, and samples of applicable production
original equipment manufacturer labels that are accessible to the engine
manufacturers due to the direct market arrangement between such
manufacturers.
(/) The Executive Officer may approve alternate label and engine iden-
tification number locations. The Executive Officer may also, upon re-
quest, waive or modify the label content requirements provided that the
intent of this section is met.
(m)(l) If the Executive Officer finds any engine manufacturer using
labels and engine identification numbers that are different from those ap-
proved or do not substantially comply with the readability or durability
requirements set forth in these specifications, the engine manufacturer
will be subject to revocation or suspension of Executive Orders for the
applicable engine families and subject to being enjoined from any further
sales or distribution of such noncompliant engine families in the State of
California pursuant to section 43017 of the Health and Safety Code.
Additional penalties may be assessed to the extent permissible under Part
5, Division 26 of the Health and Safety Code. Before seeking remedial
action against the engine manufacturer, the Executive Officer will con-
sider any information provided by the engine manufacturer.
(2) If the Executive Officer finds any original equipment manufacturer
using labels for which it has responsibility for attaching that are different
from those approved or that do not substantially comply with the read-
ability or durability requirements set forth in these specifications, the
equipment manufacturer will be subject to being enjoined from any fur-
ther sales or distribution, of applicable equipment product line that uses
noncompliant labels in the State of California pursuant to section 43017
of the Health and Safety Code. Additional penalties may be assessed to
the extent permissible under Part 5, Division 26 of the Health and Safety
Code. Before seeking remedial action against the equipment manufactur-
er, the Executive Officer will consider any information provided by the
equipment manufacturer.
NOTE: Authority cited : Sections 39600, 3960 1 , 4301 3, 430 1 8, 43 1 01 , 43 1 02 and
43104, Health and Safety Code. Reference: Sections 4301 3, 43017, 4301 8, 43101,
43102, 43104, 43105, 43150-43154, 43205.5 and 43210-43212, Health and Safe-
ty Code.
History
1. New section filed 12-8-99; operative 1-7-2000 (Register 99, No. 50).
2. Amendment filed 7-22-2002; operative 8-21-2002 (Register 2002, No. 30).
§ 2443.2. Consumer/Environmental Label Requirements.
(a) Purpose. The purpose of this section is to require engine manufac-
turers to affix a single label on each production spark-ignition marine en-
gine (or watercraft, as applicable) that provides potential engine owners,
engine owners, and enforcement personnel with information on the rela-
tive cleanliness of the engine under the Air Resources Board's standards.
Page 298.22
Register 2002, No. 30; 7-26-2002
Title 13
Air Resources Board
§ 2443.2
(b) Applicability. This section applies to:
(1) Model year 2001 and later spark-ignition personal watercraft and
outboard marine engines and model year 2003 and later spark-ignition
inboard and sterndrive marine engines, which have been certified to the
applicable emission standards pursuant to Health and Safety Code sec-
tion 43013;
(2) Federally certified spark-ignition marine engines produced prior
to model year 2001 that comply with the emission standards pursuant to
section 2442; and
(3) Spark-ignition personal watercraft and outboard marine engines
produced prior to model year 2001 and shown by the manufacturer to
comply with the emission standards pursuant to section 2442.
(c) If an engine manufacturer has certified a spark-ignition marine en-
gine family to an FEL at or below the exhaust emission standard desig-
nated in section 2442(a), Table I , the engine manufacturer (or equip-
ment/watercraft manufacturer who uses such engines) must label each
new engine within the engine family as a compliant engine pursuant to
this section. If the engine family fails in-use compliance and/or produc-
tion line testing and corrective action is not taken within thirty (30) days,
the engine manufacturer must cease representation of any engines within
the family as compliant engines. In this case, corrective action refers only
to physical changes made to bring the engine into compliance with its
original FEL. Spark-ignition marine engines as described in paragraph
(b)(2) may be labeled pursuant to the provisions of this section before the
2001 model year if such engines comply with Title 40, Code of Federal
Regulations, Part 91 [October 4, 1996], which is incorporated herein by
reference. Spark-ignition marine engines as described in paragraph
(b)(3) may be labeled pursuant to the provisions of this section before the
2001 model year if such engines are tested using certification test proce-
dures plus a thirty (30) percent deterioration factor, as applicable. Alter-
native demonstrations of emissions performance may be used for engines
described in paragraphs (b)(2) and (b)(3) if the engine manufacturer
demonstrates to the Executive Officer's satisfaction that the emissions
performance is representative of actual emissions for the engine family.
Any use of the label described below counter to the requirements set forth
herein violates this section and may subject the engine manufacturer to
penalties as permitted by Part 5, Division 26 of the Health and Safety
Code.
(1) Facsimiles of the label format are shown in Figure 1.
Figure 1
Figure 2
(B) Multiple levels of cleanliness. Progressively clean engines shall
carry the following notations (as applicable):
(i) An engine that has an FEL or that has been certified at or below the
hydrocarbon plus oxides of nitrogen standard listed in Table 1 of this sec-
tion for Tier 1 must include the phrase "LOW EMISSION" and a single
star symbol as shown in Figure 1 .
(ii) An engine that has an FEL or that has been certified at or below the
hydrocarbon plus oxides of nitrogen standard listed in Table 1 of this sec-
tion for Tier 2 must include the phrase "VERY LOW EMISSION" and
two star symbols as shown in Figure 1 .
(iii) An engine that has an FEL or that has been certified at or below
the hydrocarbon plus oxides of nitrogen standard listed in Table 1 of this
section for Tier 3 must include the phrase "ULTRA LOW EMISSION"
and three star symbols as shown in Figure 1 .
(iv) An engine that has an FEL or that has been certified at or below
the hydrocarbon plus oxides of nitrogen standard listed in Table 1 of this
section for Tier 4 must include the phrase "SUPER ULTRA LOW EMIS-
SION" and four star symbols as shown in Figure 1.
Table
Hydrocarbon plus Oxides of Nitrogen Standards (in g/kW-hr)
Tier
P <4.3
P>4.3
1
81.00
(0.25x(151+557/P°-9))+6.0
2
64.80
(0.20x(151+557/P09))+4.8
(0.09x(151+557/P°-9))+2.1
3
30.00
4
5.0
5.0
Where P means the average power in kW (sales-weighted) of the subject engine
family.
(NOTE: Labels are not to scale.)
(A) The engine manufacturer must ensure that the label has the follow-
ing characteristics:
(i) Oval shape;
(ii) Dimensions of no less than three inches wide by two and a half in-
ches high, except that it may be no less than two inches by one and two
thirds inches high for engines that have power outputs of 1 1 .2 kW (15 hp)
or less;
(iii) A watermark as shown in Figure 2 that is a clear laminate. The wa-
termark must cover the entire label and be screened at no less than fifteen
percent; and
(iv) All written information required by paragraph (c)(4)(B) must be
in the English language and the font must be sans serif. The characters
must be a minimum of two (2) millimeters in height except as specified
in paragraph (b)(l)(B)(i)(d), and of a color that contrasts with the back-
ground on which it is displayed.
(iv) All phrases encircling the top portion must have block characters
that are a minimum of five (5) millimeters in height except that the char-
acters may be three (3) millimeters for labels sized as allowed pursuant
to paragraph (c)(l)(A)(i) for engines that have power outputs of 1 1.2 kW
(15 hp) or less.
(C) Language other than that specified in paragraph (b)(1)(B) must not
be used unless permitted by the Executive Officer.
(D) The color of the outer oval and stars on the labels must contrast
with the engine cover or watercraft hull. The color of the interior oval
(i.e., background for the stars) must contrast with the color of the outer
oval and stars.
(2) Label Location. For outboard engines, a single label must be per-
manently affixed to the back of the engine cover or cowling. For personal
watercraft, a single label must be affixed two to three inches to the right
of the required location of the California Assigned Vessel Number dis-
played on the port side of the hull. For inboard and sterndrive engines,
labels must be affixed to the engine and to the port side of the hull, either
to the right or left and in close proximity to the required location of the
California Assigned Vessel Number. Each label must be manufactured
and permanently affixed so that it cannot be removed without destroying
or defacing the label, must be readily visible and must not be affixed to
any location that is likely to be replaced during the engine's useful life.
For the purposes of this paragraph, readily visible means that the label's
shape and number of stars are discernible from a distance of 100 feet.
Page 298.23
Register 2002, No. 30; 7-26-2002
§ 2443.3
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(3) The labels and any adhesives used must be designed to withstand,
for the engine's or watercraft's useful life, typical environmental condi-
tions in the area where the labels required by this section are affixed. Typ-
ical equipment environmental conditions include, but are not limited to,
exposure to extreme heat or cold, moisture, engine fuels, lubricants and
coolants (e.g., gasoline, motor oil. saltwater, ethylene glycol). The en-
gine manufacturer must submit, with its certification application, a state-
ment attesting that its labels and engine identification numbers comply
with these requirements.
(4) For Personal Watercraft and Outboard Marine Engines:
(A) Labels must be affixed to new watercraft or engines by the engine
manufacturer or the original equipment manufacturer. If affixed by the
original equipment manufacturer, the engine manufacturer remains the
ultimate party responsible for ensuring that the labels are correctly ad-
ministered. Improper labeling or distribution of labels will subject the en-
gine manufacturer to penalties as described in paragraph (h).
(B) Labels on engines or watercraft described in paragraphs (b)(2) and
(b)(3) may be applied by either the engine manufacturer, the original
equipment manufacturer, distributors or dealers. However, the engine
manufacturer remains the ultimate party responsible for ensuring that the
labels are correctly administered. Improper labeling or distribution of la-
bels will subject the engine manufacturer to penalties as described in
paragraph (h). If the labels are applied by the distributor or dealer, the en-
gine manufacturer must include its name and a serial number on the lower
portion of the label as shown in Figure 1 . The format of the serial number
will be two alpha characters followed by five numeric characters (e.g.,
AA12345). The serial numbers must be recorded by the distributor or
dealer and reported to the manufacturer of the engine when installed on
a pre-2001 model year watercraft or engine. These numbers must be
made available to the Executive Officer upon request.
(5) For Inboard and Sterndrive Marine Engines:
(A) Labels on Engines. Labels must be affixed to new engines by the
engine manufacturer. The engine manufacturer is responsible for ensur-
ing that appropriate environmental labels are properly applied to its en-
gines. Improper labeling or distributing of labels will subject the engine
manufacturer to penalties as described in paragraph (h) of this section.
(B) Labels on Watercraft. Labels must be affixed to the port side of wa-
tercraft by the watercraft/original equipment manufacturer. The water-
craft/original equipment manufacturer is responsible for ensuring that
appropriate labels are properly applied to its watercraft. Improper label-
ing or distributing of hull environmental labels will subject the water-
craft/original equipment manufacturer to penalties as described in para-
graph (h).
Engine manufacturers are responsible for providing labels that corre-
spond with the engine for all engines supplied to watercraft/original
equipment manufacturers. Engine manufacturers also are responsible for
providing to the watercraft/original equipment manufacturers instruc-
tions regarding label selection and placement. Failure to provide ap-
propriate labels and instructions to the watercraft/original equipment
manufacturer will subject the engine manufacturer to penalties as de-
scribed in paragraph (h) of this section.
(d) If the engine or watercraft cannot be adequately labeled under the
requirements of paragraph (c). the engine manufacturer may request
modification of these requirements from the Executive Officer.
(e) Replacement engines installed in hulls, cowlings or watercraft that
had been previously labeled in accordance with these specifications must
have identical or improved emissions to that of the original certified en-
gine.
(f) Samples of all labels produced pursuant to this section must be sub-
mitted to the Executive Officer with the applicable certification applica-
tion.
(g) Engines that are labeled in accordance with this section and subse-
quently modified with add-on or modified parts that are not exempted by
the Executive Officer are subject to label removal by an ARB Enforce-
ment Officer or other authorized party.
(h) If the Executive Officer finds any engine manufacturer using labels
for which it has responsibility for attaching that are different from those
approved or that do not substantially comply with the discernibility or du-
rability requirements set forth in these specifications, the engine
manufacturer will be subject to being enjoined from any further sales or
distribution of applicable equipment product line that uses noncompliant
labels in the State of California pursuant to section 4301 7 of the Health
and Safety Code. If the Executive Officer finds any engines or watercraft
with labels that are not affixed in accordance with paragraph (c)(1)(B),
the engine manufacturer or watercraft/original equipment manufacturer
that was resonsible for label placement must remove the labels from all
affected watercraft and engines and will be subject to being enjoined
from any further sales or distribution, of applicable equipment product
line that uses noncompliant labels in the State of California pursuant to
section 43017 of the Health and Safety Code. Additional penalties may
be assessed to the extent permissible under Part 5, Division 26 of the
Health and Safety Code. Before seeking remedial action against the en-
gine or equipment manufacturer, the Executive Officer will consider any
information provided by the engine or equipment manufacturer.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and
43 1 04, Health and Safety Code. Reference: Sections 4301 3, 4301 7, 4301 8, 431 01 ,
43102, 43104, 43105, 43150-43154, 43205.5 and 43210-43212, Health and Safe-
ty Code.
History
1. New section filed 12-8-99; operative 1-7-2000 (Register 99, No. 50).
2. Amendment filed 7-22-2002; operative 8-21-2002 (Register 2002, No. 30).
§ 2443.3. Environmental Label/Consumer Notification
Requirements.
(a) Applicability. This section applies to model year 2001 and later
spark-ignition personal watercraft and outboard marine engines and
model year 2003 and later spark-ignition inboard and sterndrive marine
engines, which have been certified to the applicable emission standards
pursuant to Health and Safety Code section 43013.
(b) A nonpermanent label (i.e., hang tag) must be attached to each per-
sonal watercraft or outboard engine, as applicable, at time of sale. A non-
permanent label (i.e., hang tag) produced and supplied by the engine
manufacturer must be attached, by the seller, to each inboard and stern-
drive engine or watercraft, as applicable, when introduced for sale to ulti-
mate purchasers. Environmental labels pursuant to this section shall in-
clude a copy of the following:
Page 298.24
Register 2002, No. 30; 7-26-2002
Title 13
Air Resources Board
§ 2443.3
Front of Hang Tag:
The Star Label means Cleaner Marine Engines
This engine has been certified as a:
□
H
□
□
(<Check appropriate box.>)
The Symbol for Cleaner Marine Engines:
Cleaner Air and Water - for a healthier lifestyle and environment.
Better Fuel Economy - burns up to 30-40 percent less gas and oil than
conventional carbureted two-stroke engines, saving money and resources.
Longer Emissions Warranty - protects consumer for worry free operation.
Page 298.25
Register 2002, No. 30; 7-26-2002
§ 2443.3
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
Back of Hang Tag:
<facsimile of the one-star label>
One Star - Low-Emission
The one-star label identifies engines that meet the Air Resources Board's Personal Watercraft and
Outboard marine engine 2001 exhaust emission standards. Engines meeting these standards have
75% lower emissions than conventional carbureted two-stroke engines. These engines are equiv-
alent to the U.S. EPA's 2006 standards for marine engines.
<facsimile of the two-star label>
Two Stars - Very Low Emission
The two-star label identifies engines that meet the Air Resources Board' s Personal Watercraft and
Outboard marine engine 2004 exhaust emission standards. Engines meeting these standards have
20% lower emissions than One Star - Low-Emission engines.
<facsimile of the three-star label>
Three Stars - Ultra Low Emission
The three-star label identifies engines that meet the Air Resources Board's Personal Watercraft
and Outboard marine engine 2008 exhaust emission standards or the Sterndrive and Inboard ma-
rine engine 2003-2008 exhaust emission standards. Engines meeting these standards have 65%
lower emissions than One Star - Low Emission engines.
<facsimile of the four-star label>
Four Stars - Super Ultra Low Emission
The four-star label identifies engines that meet the Air Resources Board's Sterndrive and Inboard
marine engine 2009 exhaust emission standards. Personal Watercraft and Outboard marine en-
gines may also comply with these standards. Engines meeting these standards have 90% lower
emissions than One Star - Low Emission engines.
<White Space for dealer or manufacturer identification or additional
information>
Cleaner Watercraft - Get the Facts
1-800-END-SMOG
www.arb.ca.gov
(1) Facsimiles of the four environmental labels, as described in section
2443.2(c)(1), with the appropriate label circled or otherwise identified as
being applicable to the spark-ignition marine engine, must be displayed
on the nonpermanent label. Each facsimile must have dimensions no less
than one inch by four-fifths inch.
(2) For outboard engines greater than 130 horsepower, facsimiles of
only the "Low Emission Engine" and "Very Low Emission Engine" la-
bels described in sections 2443.2(c)(l)(B)(i) and (ii) need to be displayed
on the nonpermanent label until the earlier of:
(A) the 2004 model year; or
(B) the first model year after the date the ARB certifies the first out-
board engine family greater than 1 30 horsepower to the 2008 model year
standards.
(3) For personal watercraft, facsimiles of only the "Low Emission En-
gine" and "Very Low Emission Engine" labels described in sections
2443.2(c)(l)(B)(i) and (ii) need to be displayed on the nonpermanent la-
bel until the earlier of:
(A) the 2004 model year; or
(B) the first model year after the date the ARB certifies the first person-
al watercraft engine family to the 2008 model year standards.
(4) All textual information (i.e., characters and/or lettering) required
by this section must be no smaller than two (2) millimeters in height.
(c) The information required by paragraph (b) must also be provided
in the owner's manual and in the engine manufacturer's application for
certification.
(d) Samples of all labels produced pursuant to this section must be sub-
mitted to the Executive Officer with the applicable certification applica-
tion.
NOTE: Authority cited: Sections 39600, 39601, 4301 3, 43018, 43101, 43102 and
43104, Health and Safety Code. Reference: Sections 4301 3, 43017, 43018, 43101,
43102, 43104, 43105, 43150-43154, 43205.5 and 43210-43212, Health and Safe-
ty Code.
History
1 . New section filed 7-10-2000; operative 8-9-2000 (Register 2000, No. 28).
2. Amendment filed 7-22-2002; operative 8-21-2002 (Register 2002, No. 30).
Page 298.26
Register 2002, No. 30; 7-26-2002
Title 13
Air Resources Board
§ 2444.1
§ 2444. In-Use Compliance Testing and Recall
Regulations — Model Year 2001 and Later
Spark-Ignition Marine Engines.
NOTE. Authority cited: Sections 39600, 39601,43013, 43018, 43101 . 43102 and
43 1 04, Health and Safety Code. Reference: Sections 4301 3, 430 1 7, 4301 8, 43 1 01 ,
43 102, 43104, 43103, 43 150-43154, 43205.5 and 43210-43212, Health and Safe-
ty Code.
History
1. New section filed 12-8-99; operative 1-7-2000 (Register 99, No. 50).
2. Renumbering of former section 2444 to new section 2444.1 filed 7-22-2002;
operative 8-21-2002 (Register 2002, No. 30).
§ 2444.1 . In-Use Compliance Testing and Recall
Regulations — Model Year 2001 and Later
Spark-Ignition Marine Engines.
(a) Applicability. This section applies to model year 2001 and later
spark-ignition personal watercraft and outboard marine engines, which
have been certified to the applicable emission standards pursuant to
Health and Safety Code section 4301 3. Spark-ignition inboard and stern-
drive marine engines shall comply with the in-use compliance testing
and recall requirements found in Title 13, California Code of Regula-
tions, Sections 2111 through 2140 and 2147.
(b) Manufacturer In-Use Compliance Test Procedures.
(1) For the purposes of this section, the Air Resources Board will ac-
cept emission data collected from the in-use testing program implement-
ed by the United States Environmental Protection Agency as specified in
Title 40. Code of Federal Regulations, section 91.803 [October 4, 1996],
which is incorporated herein by reference.
(2) The Executive Officer, may, upon notice to the engine manufactur-
er and after review of the engine families identified by the United States
Environmental Protection Agency for federal in-use testing, prescribe
that a California-specific in-use testing program be conducted pursuant
to paragraph (b)(3) at the engine manufacturer's expense if:
(A) The results obtained from the federal in-use test program pursuant
to paragraphs (b)(1) of this section are determined not to be representa-
tive of engines sold and operated in California; or,
(B) The necessity is supported by other data or information (e.g.,
California-only engine families).
(3) California In-Use Testing Program.
(A) The Executive Officer shall identify engine families and those
configurations within families offered for sale in California that the en-
gine manufacturer must then subject to in-use testing for the specified
model year. The number of engine families identified shall not exceed 25
percent of the engine manufacturer's families offered for sale in Califor-
nia. The Executive Officer may allow for reduced testing upon the engine
manufacturer's demonstration of consistent compliance with the appli-
cable emission standards.
(B) Number of Engines to be Tested. The number of engines to be
tested by an engine manufacturer must be determined by the following
method:
(i) A minimum of two (2) engines per family provided that no engine
fails any standard. For each failing engine, two (2) more engines must be
tested until the total number equals ten.
(ii) For engine families of less than 50 engines (California sales) for
the identified model year or for engine manufacturers who make less than
or equal to 200 engines (California sales) for that model year, a minimum
of one engine per family provided that this engine does not fail any stan-
dard. If this engine fails, two (2) more engines shall be tested. For each
additional engine failure, the engine manufacturer must continue testing
two (2) additional engines until the total number equals eleven.
(iii) If an engine family was certified using carryover emission data
and has been previously tested under paragraph (b)(3)(B) without an or-
dered recall, then only one engine for that family must be tested. If this
engine fails any standard, testing must be conducted as outlined in para-
graphs (b)(3)(B), as applicable.
(C) At the discretion of the Executive Officer, an engine manufacturer
may test more engines than the minimums described in paragraph
(b)(3)(B) or may concede failure before testing a total often engines.
(D) The Executive Officer will consider failure rates, average emis-
sion levels and the existence of any defects among other factors in deter-
mining whether to pursue remedial action under this subsection. The
Executive Officer may request an ordered recall pursuant to paragraph
(e)(2)
(E) The Executive Officer may approve an alternative to engine
manufacturer in-use testing where:
(i) engine family production in California is less than or equal to 20 per
year; or
(ii) engines cannot be obtained for testing because they are used sub-
stantially in watercraft that are not conducive to engine removal such as
large watercraft where the engine cannot be removed without disman-
tling either the engine or the watercraft; or
(iii) other compelling circumstances associated with the structure of
the industry and uniqueness of spark-ignition marine engine applica-
tions. Such alternatives shall be designed to determine whether the en-
gine family is in compliance in-use.
(F) Collection of In-Use Engines. The engine manufacturer shall pro-
cure in-use engines that have been operated between half and three-
quarters of the engine's useful life. For purposes of paragraph (b) only,
"useful life" means ten (10) years or 350 hours of operation for outboard
engines and five (5) years or 350 hours of operation for personal water-
craft engines. The engine manufacturer may test engines from more than
one model year in a given year. The engine manufacturer shall begin test-
ing within twelve (12) months after receiving notice that the Executive
Officer has identified a particular engine family for testing and shall com-
plete testing within twelve months from the start of such testing. Test en-
gines may be procured from sources associated with the engine manufac-
turer (i.e., manufacturer-established fleet engines, etc.) or from sources
not associated with the engine manufacturer (i.e., consumer-owned en-
gines, independently-owned fleet engines, etc.).
(G) Maintenance, Procurement and Testing of In-Use Engines.
(i) A test engine must have a maintenance and use history representa-
tive of actual in-use conditions.
a. The engine manufacturer must obtain information from the end us-
ers regarding the accumulated usage, maintenance, operating conditions
and storage of the test engines.
b. Documents used in the procurement process must be maintained as
required by section 30 of the Test Procedures.
(ii) The engine manufacturer may perform minimal "set-to-specifica-
tion" maintenance on components of a test engine that are not subject to
parameter adjustment. Maintenance may include only that which is listed
in the owner's manual for engines with the amount of service and age of
the acquired test engine. Documentation shall be maintained and retained
as required by section 30 of the Test Procedures.
(iii) At least one valid emission test, performed according to the test
procedures outlined in Part IV of the Test Procedures is required for each
in-use engine.
(iv) The Executive Officer may waive portions or requirements of the
test procedures, if any, that are not necessary to determine in-use com-
pliance.
(v) If a selected in-use engine fails to comply with any applicable
emission standard, the engine manufacturer must determine the reason
for noncompliance. The engine manufacturer must report all such rea-
sons of noncompliance within fifteen days of completion of testing.
(c) Reports and Evaluation
(1) The engine manufacturer must maintain and submit sufficient re-
cords to the Executive Officer within three months of completing testing
from the in-use program. These records must include, but need not be
limited to, the following for each test engine:
(A) Engine family.
(B) Engine model.
Page 298.27
Register 2002, No. 30; 7-26-2002
§ 2444.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(C) Engine identification (or serial) number.
(D) Date of manufacture.
(E) Estimated hours of use.
(F) Date and time of each test attempt.
(G) Results (if any) of each test attempt.
(H) Results of all emission testing.
(1) Summary of all maintenance and/or adjustments performed.
(J) Summary of all modifications and/or repairs.
(K) Determinations of noncompliance and probable causes of failure.
(L) Description of operating and storage conditions.
(2) If the results of the in-use emission tests indicate that the average
emissions of the test engines for any regulated pollutant exceed the appli-
cable emission standards specified in Title 13, California Code of Regu-
lations, section 2442, the entire engine population so represented shall be
deemed to exceed the standards. The Executive Officer shall notify the
engine manufacturer of the test results and upon receipt of the notifica-
tion, the engine manufacturer has 45 days to submit a plan to make up all
excess emissions resulting from in-use testing non-compliance in accor-
dance with paragraph (c)(3). If excess emissions cannot be made up in
accordance with paragraph (c)(3), the engine manufacturer must imple-
ment a voluntary recall plan in accordance with the applicable portions
of paragraphs (d) and (e). If no excess emissions cannot be made up in
accordance with paragraph (c)(3) and the engine manufacturer does not
implement a voluntary recall plan, the Executive Officer may prescribe
the implementation of an ordered recall pursuant to the applicable por-
tions of paragraph (e)(2).
(3) All excess emissions resulting from in-use noncompliance with
the California standard must be made up in the model year following the
model year in which the notification of noncompliance is received. In-
use noncompliance may not be remedied through implementation of the
federal in-use credit program described in Title 40, Code of Federal Reg-
ulations, Part 91, SubpartN [October 4, 1996]. As an alternative to recall
and with prior approval from the Executive Officer, the engine manufac-
turer may make up the excess emissions by any one or combination of the
following options:
(A) Recertification of the noncompliant engine family to a lower emis-
sion level (or higher FEL) that makes up for the noncompliance, while
maintaining compliance on a corporate average basis;
(B) Implementation of a running change and/or field fix on the non-
compliant engine family;
(C) Implementation of market-based incentives, to be approved by the
Executive Officer, to make up the noncompliance; or
(D) Payment of a noncompliance penalty to be determined by the
Executive Officer on a per engine basis as provided by Part 5, Division
26 of the Health and Safety Code.
(d) Voluntary Emission Recalls.
(1) When an engine manufacturer initiates a voluntary emission recall
campaign, the Executive Officer shall be notified of the recall at least
thirty (30) days before owner notification is to begin. The engine
manufacturer shall also submit a voluntary recall plan for approval, as de-
scribed in paragraph (e) below. A voluntary recall plan shall be deemed
approved by the Executive Officer within thirty (30) days after receipt of
the recall plan unless objected to in the interim.
(2)(A) When any engine manufacturer, based on enforcement test re-
sults or any other information provided to or required by the ARB, pro-
poses to initiate a voluntary emission recall program, the engine
manufacturer shall submit for approval by the Executive Officer an emis-
sion recall plan as described in paragraph (e) below. The plan shall be
submitted within 45 days following the receipt of a notification from the
ARB that enforcement test results or other information demonstrate an
engine noncompliance.
(B) The Executive Officer shall approve the recall plan in writing if it
contains the information specified in paragraph (e) where specified and
is designed to notify the engine/watercraft owner and correct the non-
compliance in an expeditious manner. Notification of engine/watercraft
owners and the implementation of recall repairs shall commence no later
than the schedule specified under paragraph (e)(1)(C) and (e)(1)(D), re-
spectively, unless the engine manufacturer can show good cause for the
Executive Officer to extend the deadline. If the plan does not contain the
provisions of paragraph (e), the Executive Officer shall disapprove the
plan in writing and require revisions where deemed necessary. The en-
gine manufacturer may contest such a disapproval by requesting a hear-
ing pursuant to Subchapter 1.25, Title 17, California Code of Regula-
tions. If no request for a hearing is made or the hearing upholds the
disapproval, the engine manufacturer shall incorporate all requested re-
visions to the plan and begin implementation of the recall plan within
sixty (60) days of receipt of the disapproval.
(C) The engine manufacturer may also request a public hearing pur-
suant to the procedures set forth in Subchapter 1 .25, Title 1 7, California
Code of Regulations to contest the finding of nonconformity and the need
for an ordered recall. If such a hearing occurs and the nonconformity is
confirmed therefrom, the engine manufacturer shall submit the recall
plan required by paragraph (e)(2) within thirty (30) days after receipt of
the Board's decision unless an extension is granted by the Executive Of-
ficer.
(e) Voluntary and Ordered Recall Plans.
(1 ) The recall plan for voluntary and ordered recalls must be submitted
to the Executive Officer for review and must contain the following in-
formation unless otherwise specified:
(A) A description of each class or category of engines recalled, includ-
ing the number of engines to be recalled, the model year, and such other
information as may be required to identify the engines recalled;
(B) A description of the specific modifications, alterations, repairs,
corrections, adjustments or other changes to be made to correct the en-
gines affected by the emission-related defect;
(C) A description of the method by which the engine manufacturer will
notify engine/watercraft owners;
(D) A description of the procedure to be followed by engine/watercraft
owners to obtain correction of the nonconformity. This may include the
date on or after which the engine/watercraft owner can have the noncon-
formity corrected, the time reasonably necessary to perform the labor to
correct the nonconformity and the designation of facilities at which the
nonconformity can be remedied;
(E) A description of the class of persons other than dealers and autho-
rized warranty agents of the engine manufacturer who will remedy the
defect;
(F) A description of the system by which the engine manufacturer will
assure that an adequate supply of parts is available to perform the repair
under the plan, including the date by which an adequate supply of parts
will be available to initiate the repair campaign, and the method to be
used to assure the supply remains both adequate and responsive to en-
gine/watercraft owner demand;
(G) A copy of the letter of notification to be sent to engine/watercraft
owners; and
(H) A copy of all necessary instructions to be sent to those persons who
are to perform the repair.
(2) For an ordered recall, the recall plan shall include the information
required for voluntary recall plans as specified in paragraphs (e)(1). Ad-
ditionally, it shall include the following:
(A) A plan describing how the maximum feasible capture rate will be
achieved for recalls based on either the exceedance of emission standard
or on the failure of an emission-related component.
(B) The plan shall also include a schedule for implementing actions to
be taken including identified increments of progress towards imple-
mentation and deadlines for completion of each increment. If, after good
faith efforts, the engine manufacturer cannot reach the maximum feasi-
ble capture rate by the applicable deadline, the engine manufacturer must
propose mitigation efforts to be approved by the Executive Officer that
will offset the emissions of the unrepaired engines.
(3) The engine manufacturer must not condition repair of the noncom-
plying engine/watercraft on the proper maintenance or use of the engine
except for compelling reasons approved by the Executive Officer. The
Page 298.28
Register 2002, No. 30; 7-26-2002
Title 13
Air Resources Board
§ 2444.2
engine manufacturer, however, is not obligated to repair a component
which has been removed or modified.
(4) Record keeping and Reporting Requirements.
(A) The engine manufacturer shall report on the progress of the volun-
tary or ordered recall program by submitting a report one year from the
date owner notification begins and a final report an additional year later.
Such reports shall be submitted to the Chief, Mobile Source Operations
Division, P.O. Box 8001, 9528 Telstar Avenue, El Monte, CA
91734-8001. For each class of engine subject to the recall program, the
yearly report shall contain:
(i) Engine family and emission recall campaign number designated by
the engine manufacturer.
(ii) Date engine/watercraft owner notification was begun, and date
completed.
(iii) Number of engines involved in the voluntary or ordered recall
campaign.
(iv) Number of engines known or estimated to be affected by the non-
conformity and an explanation of how this number was determined.
(v) Number of engines inspected pursuant to the voluntary or ordered
recall plan.
(vi) Number of inspected engines found to be affected by the noncon-
formity.
(vii) Number of engines receiving repair under the recall plan and a
listing of these engines' engine identification numbers.
(viii) Number of engines determined to be ineligible for recall action
due to removed or modified parts.
(ix) A copy of any service bulletins transmitted to dealers or other au-
thorized repair facilities which pertain to the nonconformity to be cor-
rected and that have not previously been reported.
(x) A copy of all communications transmitted to engine/watercraft
owners that relate to the nonconformity and that have not previously been
submitted.
(B) If the engine manufacturer determines that any of the information
submitted pursuant to paragraph (4)(A) above has changed or was incor-
rect, revised information and an explanation must be submitted. Re-
sponses to subsections (4)(A)(v).(vi), (vii), (viii) and (ix) above shall be
cumulative totals.
(C) The engine manufacturer shall maintain the names and addresses
of engine/watercraft owners:
(i) To whom notification was given;
(ii) Whose engines were repaired or inspected under the recall plan;
and
(iii) Whose engines were determined not to qualify for repair due to
removed or modified components.
(D) All reports shall be maintained for not less than one year beyond
the useful life of the engines and shall be made available to authorized
personnel of the ARB upon request.
(f) Penalties. Under an ordered recall, failure of the engine manufac-
turer to notify the engine/watercraft owners and repair the engines in the
manner specified in the recall plan constitutes a violation of Health and
Safety Code section 43105 and subjects the engine manufacturer to pen-
alties pursuant to Part 5, Division 26 of the Health and Safety Code.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and
43 1 04, Health and Safety Code. Reference: Sections 430 1 3, 430 1 7, 430 1 8, 43 1 0 1 ,
43102, 43104, 43105,43150-43154, 43205.5 and 43210-43212, Health and Safe-
ty Code.
History
1. Renumbering and amendment of former section 2444 to new section 24411
filed 7-22-2002; operative 8-21-2002 (Register 2002, No. 30).
§ 2444.2. On-Board Engine Malfunction Detection System
Requirements - Model Year 2007 and Later
Spark-Ignition Inboard and Sterndrive Marine
Engines.
(a)(1) Engines certified under Option 1 of Section 2442(b)(1):
All 2007 and 2008 model year spark-ignition inboard and sterndrive
marine engines certified to the 5.0 grams per kilowatt-hour HC+NOx
standard shall comply with the requirements for subsections (b) through
(i) below, except as noted. For all 2009 model year and later spark-igni-
tion inboard and sterndrive marine engines, the requirements in italics
shall also apply.
(2) Engines certified under Option 2 of Section 2442(b)(1):
All 2008-2009 model year spark-ignition inboard and sterndrive ma-
rine engines shall comply with the requirements for subsections (b)
through (i) below, except as noted. For all 2010 model year and later
spark-ignition inboard and sterndrive marine engines, the requirements
in italics shall also apply.
This section shall be implemented according to the provisions of the
following subsections or by means determined by the Executive Officer
to be equivalent in meeting the requirements of this section.
This section shall be implemented according to the provisions of the
following subsections or by means determined by the Executive Officer
to be equivalent in meeting the requirements of this section.
(b) General requirements.
(1) Spark-ignition sterndrive and inboard marine engines sold as new
shall be equipped with an integrated malfunction detection and notifica-
tion system, hereinafter known as On-board Diagnostics-Marine
(OBD-M) system, to identify emission-related malfunctions of the cata-
lyst, fuel system, primary oxygen sensors used for feedback fuel control,
secondary oxygen sensors (if equipped) used for catalyst monitoring,
computer-sensed comprehensive components, and the on-board com-
puter itself, by means of diagnostic trouble codes stored in non-volatile
computer memory. For this section, a computer-sensed comprehensive
component is any electronic device that:
(A) provides information to the on-board computer and significantly
impacts emissions when malfunctioning; or
(B) is used to enable or disable any other OBD-M monitoring strategy.
(2) The OBD-M system shall not be required to identify engine mis-
fire unless such monitoring is determined necessary by the Executive Of-
ficer to preserve or protect the catalyst system. The Executive Officer
shall (as part of the in-water testing and development program to be con-
ducted in conjunction with U.S. EPA, the U.S. Coast Guard, the marine
industry, and catalyst manufacturers) identify whether, and to what ex-
tent, misfire in spark-ignition inboard and sterndrive marine engines
may affect catalyst durability and performance. If the Executive Officer
determines that engine misfire is a significant factor in reducing the dura-
bility and/or performance of marine catalysts, engine manufacturers
shall be required to incorporate appropriate misfire detection diagnostics
into the OBD-M system. In that case, the provisions in subsection (c)(5)
shall be considered sufficient for satisfying the obligation to monitor
misfire. Alternate misfire monitoring strategies shall be considered by
the Executive Officer and may be implemented in lieu of subsection
(c)(5) if demonstrated by the engine manufacturer to provide an equiva-
lent degree of catalyst protection. Otherwise the provisions of that sub-
section shall be voluntary. In making a determination, the Executive Of-
ficer shall consider the cost effectiveness of requiring additional
monitoring to address the concerns identified by the test program in addi-
tion to the leadtime necessary to modify existing hardware and software,
to add misfire detection hardware (e.g., sensors) if necessary, and to de-
velop engine-specific calibrations to accommodate misfire monitoring.
Notwithstanding, misfire monitoring shall not be required prior to the
2009 model year, and may be delayed beyond that date pending Execu-
tive Officer discretion.
(3) The OBD-M system shall not be required to detect any emissions-
related malfunction that prevents the engine from starting. The OBD-M
system shall not be required to monitor any emissions-related compo-
nent or system if the only reliable way to accomplish such monitoring
would either significantly impair engine/vessel operability or decrease
the safety involved with operating the engine/ vessel.
(4) OBD-M systems shall have the capability to activate an audio or
visual alert device located on the marine vessel to inform vessel occu-
pants in the event of a malfunction, and to transmit diagnostic informa-
tion locally via a standardized data link connector.
Page 298.29
Register 2006, No. 46; 11-17-2006
§ 2444.2
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(5) Spark-ignition sterndrive and inboard marine vessels shall be
equipped with an audio alert device and/or visual alert device that is com-
patible with the activation function of the OBD-M system on the
installed engine.
(A) If equipped, the audio alert device shall provide sufficient volume
and intensity to be readily perceptible to vessel occupants during normal
modes of vessel operation and occupant activity, but shall not exceed ap-
plicable maximum noise levels as set by authorized federal or State agen-
cies. Further, the audio alert device shall in no way impede the function
of required sound-signaling devices, or other safety-related devices, al-
ready present on the vessel. The audio alert device shall sound briefly in
the engine-run key position before engine cranking to indicate that the
audio alert device is functional.
(B) If equipped, the visual alert device shall provide sufficient activa-
tion and be located such that it is readily visible under normal lighting
conditions, but shall in no way impede the function of any visual distress-
signaling device, fog signal, or navigational light. The visual alert device
shall activate in the engine-run key position before engine cranking to
indicate that the visual alert device is functional and shall, when acti-
vated, display the phrase "Service Required" or an equivalent standard-
ized phrase or symbol to be determined as specified in Subsection (h).
(6) Malfunction thresholds for catalyst, fuel system, oxygen sensor,
and computer-sensed comprehensive component diagnostics shall be
determined by the engine manufacturer. However, the engine manufac-
turer must demonstrate that the determination of these thresholds is suffi-
cient for detecting emission-related malfunctions in a timely and mean-
ingful manner subject to Executive Officer approval (see Subsection
(0(2)).
(7) Regarding diagnostic system monitoring and audio/visual alert de-
vice activation requirements, engine manufacturers are required to de-
fine monitoring conditions that are representative of typical in-use op-
eration, and which will result in the routine execution and completion of
all OBD-M diagnostics in-use.
(8) For model years 2007-2008 on engines complying with paragraph
(a)(1) of this section, and for model years 2008-2009 on engines comply-
ing with paragraph (a)(2) of this section, activation of the audio/visual
alert device upon detection of a catalyst, fuel system, or oxygen sensor
malfunction shall be optional. However, there are no exemptions from
storing diagnostic trouble codes in non-volatile computer memory dur-
ing these model years for any malfunction. The OBD-M must be capable
of fully communicating stored information to a generic scan tool via the
standardized data link connector.
(9) Engine manufacturers may employ alternate statistical audio/visu-
al alert device activation and diagnostic trouble code storage protocols
to those specified in these requirements, subject to Executive Officer ap-
proval, based on comparable timeliness in detecting a malfunction and
evaluating system performance.
(10) Should emission control devices/strategies be introduced on the
engine in addition to those identified herein as requiring monitoring (e.g.,
exhaust gas recirculation), the engine manufacturers shall notify the
Executive Officer and submit a plan for monitoring the new device/strat-
egy prior to its incorporation into the OBD-M system. This would not
apply to low-permeation hoses should they be used to comply with the
supplemental emission reduction requirements of Option 2 in Section
2442(b)(1).
(11) Engine manufacturers may request Executive Officer approval to
disable any diagnostic strategy at ambient engine starting temperatures
below forty (40) degrees Fahrenheit (low ambient temperature condi-
tions may be determined based on intake air or engine coolant tempera-
ture at engine starting), and at elevations above six thousand five hundred
(6,500) feet above sea level provided the engine manufacturer submits
data and/or an engineering evaluation which adequately demonstrate that
monitoring would be unreliable when such conditions exist. Notwith-
standing, diagnostic system disablement may be requested at other ambi-
ent engine starting temperatures if the engine manufacturer adequately
demonstrates with data and/or an engineering evaluation that misdiagno-
sis would occur due to the impact of such ambient temperatures on the
performance of the component itself.
(12) Engine manufacturers may disable individual monitors that can
be affected by running out of fuel, provided disablement will not occur
when the fuel level is above fifteen percent of the nominal capacity of the
fuel tank.
(13) The Executive Officer may grant an extension for compliance
with the requirements of this section, with respect to an engine model or
engine family, if the engine manufacturer demonstrates that a present
electronic control system cannot be modified in time for the 2007 or 2008
model year, as applicable per subsection (a) of this section, because ma-
jor design changes, not consistent with the engine manufacturer's proj-
ected changeover schedule, would be needed to comply with the provi-
sions of the regulation. The period of extension shall not exceed that
period of time necessary to enable modification of the electronic control
system in accordance with the engine manufacturer's projected change-
over schedule, or a period of two years, whichever first occurs. Engine
manufacturers requesting an extension shall, no later than six months
prior to the applicable model year, submit to the Executive Officer a writ-
ten request for exemption, setting forth the required demonstration and
specifying the period for which the extension is requested.
(14) All engines certified to the 5.0 gram per kilowatt-hour
NMHC+NOx standard, including those engines certified using the cor-
porate averaging provisions in 2442(b), must be equipped with OBD-M
for the engine's emission-related components.
(c) Monitoring requirements.
(1) Catalyst monitoring.
(A) Purpose and scope:
(i) The diagnostic system shall monitor the catalyst system on spark-
ignited marine engines to ensure that the performance of the catalyst has
not been compromised due to engine misfire or other factors that can de-
crease catalyst durability.
(ii) Manufacturers of spark-ignited lean-burn marine engines may re-
quest that the Executive Officer exempt such applications from these cat-
alyst monitoring requirements if it can be demonstrated that a reliable
monitoring technology is not available. The Executive Officer shall ap-
prove such a request upon determining that all reasonable monitoring
technologies have been considered to the extent possible.
(B) Malfunctioning criteria:
(i) The catalyst system shall be considered malfunctioning when the
temperature of the measured catalyst(s) exceeds a threshold value, as de-
termined by the engine manufacturer, indicating abnormally high operat-
ing temperature; or when the catalyst temperature fails to reach a mini-
mum value, as determined by the engine manufacturer, indicating
"light-off of the catalyst after a manufacturer-specified time interval
has elapsed.
(ii) Subject to executive officer approval, alternate malfunction crite-
ria (e.g., correlating oxygen sensor frequencies to catalyst conversion ef-
ficiency) may be employed by the engine manufacturer if the alternate
criteria are appropriate and would provide for enhanced monitoring ca-
pability.
(C) Monitoring conditions:
(i) The engine manufacturer shall define conditions for monitoring the
catalyst with the constraints that the check shall:
a. be conducted at the earliest acceptable opportunity encountered af-
ter the beginning of each operating cycle; and
b. the monitoring system shall operate at least once per in-use operat-
ing cycle during which the engine manufacturer-defined monitoring
conditions are met.
(D) Malfunctioning notification and diagnostic trouble code storage:
(i) Upon detection of a catalyst malfunction, the audio/visual alert de-
vice shall be activated and a diagnostic trouble code stored no later than
the end of the next operating cycle during which monitoring occurs pro-
vided the malfunction is again present.
•
Page 298.30
Register 2006, No. 46; 11-17-2006
Title 13
Air Resources Board
§ 2444.2
(ii) The diagnostic system shall temporarily disable catalyst monitor-
ing when a malfunction exists that could affect the proper evaluation of
catalyst efficiency.
(iii) The monitoring method for the catalyst(s) shall be capable of de-
tecting when a catalyst trouble code has been cleared (except diagnostic
system self-clearing), but the catalyst has not been replaced (e.g., cata-
lyst overtemperature approaches may not be acceptable).
(2) Fuel system monitoring.
(A) Purpose and scope: The diagnostic system shall monitor the fuel
delivery system for its ability to dynamically adjust fuel delivery.
(B) Malfunction criteria: The engine manufacturer shall establish mal-
function criteria to monitor the fuel delivery system. If the engine is
equipped with fuel trim circuitry, the engine manufacturer shall include
as one of the malfunction criteria the condition where the trim circuitry
has used up all of the trim adjustment allowed within the engine manufac-
turer's selected limit(s). Engine manufacturers may compensate the cri-
teria limit(s) appropriately for changes in altitude or for other similar
identifiable operating conditions when they occur.
(C) Monitoring conditions: The fuel system shall be monitored contin-
uously for the presence of a malfunction.
(D) Malfunction notification and diagnostic trouble code storage:
(i) For fuel systems with short-term trim only capability, the diagnos-
tic system shall store a diagnostic trouble code after the fuel system has
attained the criteria limit for an engine manufacturer-defined time inter-
val sufficient to determine a malfunction. If the malfunction criteria limit
and time interval are exceeded, the audio/visual alert device shall be acti-
vated and a diagnostic trouble code stored no later than the end of the next
operating cycle in which the criteria and interval are again exceeded; un-
less operating conditions similar to those under which the problem was
originally detected (manufacturer-defined conditions) have been en-
countered without such an exceedance, in which case the initial tempo-
rary code and stored conditions may be erased. Furthermore, if similar
operating conditions are not encountered during forty (40) operating
cycles subsequent to the initial detection of a malfunction, the initial tem-
porary code and stored conditions may be erased.
(ii) For fuel systems with long-term fuel trim capability, upon attain-
ing a long-term based malfunction criteria limit independent of, or in
combination with, the short-term trim system status, the audio/visual
alert device shall be activated and a diagnostic trouble code stored no lat-
er than the end of the next operating cycle if the malfunction is again de-
tected. If the malfunction is not detected during the second operating
cycle, the audio/visual alert device shall be activated and a diagnostic
trouble code stored no later than the next operating cycle in which the
malfunction is again detected; unless operating conditions similar to
those under which the problem was originally detected (manufacturer-
defined conditions) have been encountered without an indication of a
malfunction, in which case the initial temporary code and stored condi-
tions may be erased. Furthermore, if similar operating conditions are not
encountered during forty (40) operating cycles subsequent to the initial
detection of a malfunction, the initial temporary code and stored condi-
tions may be erased.
(3) Oxygen sensor monitoring.
(A) Purpose and scope:
(i) The diagnostic system shall monitor the output voltage and re-
sponse rate of all primary (fuel control) oxygen (lambda) sensors for mal-
function. It shall also monitor secondary oxygen sensors when used as
a monitoring device for proper output voltage and/or response rate. Re-
sponse rate is the time required for the oxygen sensor to switch from
lean-to-rich once it is exposed to a richer than stoichiometric exhaust gas
mixture or from rich-to-lean when exposed to a leaner than stoichiomet-
ric exhaust gas mixture. As a precaution, measuring oxygen sensor
switching frequency may not be an adequate indicator of oxygen sensor
response rate, particularly at low speeds.
(ii) Either the Jean-to-rich or both the lean-to-rich and rich-to-lean
response rates shall be checked. Response rate checks shall evaluate the
portions of the sensor's dynamic signal that are most affected by sensor
malfunctions such as aging or poisoning.
Engine manufacturers may observe the voltage envelope of the sensor
when cycled at a frequency of 1.5 Hertz or greater, as determined by the
engine manufacturer, to evaluate a slow response rate sensor (i.e., a slow
sensor cannot achieve maximum and/or minimum voltage as will a good
sensor, given a properly chosen switching frequency and fuel step
change for the check). With Executive Officer approval, engine
manufacturers may use alternative parameters to comply with this re-
quirement such as voltage ranges and fuel-air switching frequencies
based on a determination that the modifications will result in an accurate
and timely evaluation of the sensor.
(iii) For sensors with different characteristics, the engine manufacturer
shall submit data and an engineering evaluation to the Executive Officer
for approval based on showing equivalent evaluation of the sensor.
(B) Malfunction criteria:
An oxygen sensor shall be considered malfunctioning when the volt-
age, response rate, or other criteria, as determined by the engine
manufacturer, are exceeded, or when sensor output characteristics are no
longer sufficient (e.g., lack of sensor switching) for use as a diagnostic
system monitoring device (e.g., for catalyst efficiency monitoring).
(C) Monitoring conditions:
(i) The engine manufacturer shall define conditions for monitoring the
oxygen sensor(s) with the constraints that the check shall:
a. be conducted at the earliest acceptable opportunity encountered af-
ter the beginning of each operating cycle; and
b. operate at least once per in-use operating cycle during which the en-
gine manufacturer-defined monitoring conditions are met.
(ii) For primary oxygen sensors(s) used for fuel control, the response
rate and output voltage shall be monitored for malfunction after the en-
gine has commenced closed-loop operation. If the oxygen sensor(s) is
used as part of the monitoring strategy for the catalyst, the oxygen sen-
sor(s) diagnostics should be scheduled to execute before the catalyst
diagnostics begin.
(D) Malfunction notification and diagnostic trouble code storage:
Upon detection of any oxygen sensor malfunction, the diagnostic system
shall store a diagnostic trouble code and the audio/visual alert device
shall activate no later than the end of the next operating cycle during
which monitoring occurs provided the malfunction is again present.
(4) Computer-sensed comprehensive component monitoring.
(A) Purpose and scope: The diagnostic system shall monitor for mal-
function any computer-sensed electronic engine components not other-
wise described in this subsection that provide input to (directly or indi-
rectly) the on-board computer, and that: 1) can affect emissions during
any reasonable in-use operating condition, or 2) are used as part of the
diagnostic strategy for any other monitored system or component.
(i) The monitoring system shall have the capability of detecting, at a
minimum, lack of circuit continuity and out of range values to ensure
proper operation of the input device. The determination of out of range
values shall include logic evaluation of available information to deter-
mine if a component is operating within its normal range (e.g., a low
throttle position sensor voltage would not be reasonable at a high engine
speed with a high mass airflow sensor reading). To the extent feasible,
said logic evaluation shall be "two-sided" (i.e., verify a sensor output
is not inappropriately high or low).
(ii) Computer-sensed comprehensive components may include, but
are not limited to, the engine speed sensor, crank angle sensor, knock sen-
sor, throttle position sensor, coolant temperature sensor, cam position
sensor, and other electronic components such as sensors and fuel injec-
tors.
(iii) The coolant temperature sensor shall be monitored for achieving
a stabilized minimum temperature level that is needed to achieve closed-
loop operation within an engine manufacturer-specified time interval
after starting the engine. The time inter\>al shall be a function of starting
engine coolant temperature and/or a function of intake air temperature.
Page 298.31
Register 2006, No. 46; 11-17-2006
§ 2444.2
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
Engine manufacturers may suspend or delay the diagnostic if the engine
is subjected to conditions which could lead to false diagnosis (e.g., en-
gine operation at idle for more than 50 to 75 percent of the warm-up
time).
(B) Malfunction criteria:
Computer-sensed comprehensive components shall be considered
malfunctioning when, at a minimum, lack of circuit continuity or engine
manufacturer-specified out-of-range values occur.
(C) Monitoring conditions: -1
Computer-sensed components shall be monitored continuously for
proper range of values and circuit continuity. For rationality monitoring
(where applicable), engine manufacturers shall define appropriate op-
erating conditions that are representative of typical in-use operation
and will result in the routine execution and completion of all diagnostics
in-use. Rationality monitoring shall occur at least once per operating
cycle during which the engine manufacturer-defined monitoring condi-
tions are met.
(D) Malfunction notification and diagnostic trouble code storage:
Upon detecting a malfunction, the diagnostic system shall store a diag-
nostic trouble code and activate the audio/visual alert device no later than
the end of the next operating cycle during which monitoring occurs pro-
vided the malfunction is again detected.
(5) Misfire monitoring.
The provisions in this subsection shall be considered voluntary unless
otherwise determined by the Executive Officer according to subsection
(b)(2) above.
(A) Purpose and scope: The diagnostic system shall identify the occur-
rence of engine misfire that can result in damage to the catalyst system.
Identification of the misfiring cylinder is not required, however all pat-
terns of misfire must be identified regardless of whether it occurs in a
single or multiple number of cylinders.
(B) Malfunctioning criteria: The diagnostic system shall identify a
malfunction when the total number of misfires evaluated in 200 crank-
shaft-revolution increments for each engine speed and load condition
exceeds a percentage (determined by the engine manufacturer to cause
damage to the catalyst system) of the total number of firing events in each
increment. These threshold percentages shall be provided in the certifica-
tion documentation. Subject to Executive Officer approval, an interval
longer than 200 crankshaft-revolutions may be used. The engine
manufacturer shall submit in the certification documentation catalyst
temperature data versus percent misfire over the full range of engine
speed and load conditions. Alternatively, catalyst temperature data may
be submitted for every 500 rpm increment along the Propeller Law curve
beginning at engine idle and continuing throughout the "Not to Exceed
Zone" for marine propulsion engines with Fixed- and Variable-pitch
propellers, as defined in 40 CFR, section 94.106, (July 1, 2001), which
is incorporated by reference herein. The data shall be obtained from a rep-
resentative cross section (from small to large displacements) of an engine
manufacturer's production. Up to three such engine evaluations shall be
documented per engine manufacturer, though an engine manufacturer
may submit more data, if desired. An engineering evaluation shall be pro-
vided for establishing malfunction criteria for the remainder of engine
families in the engine manufacturer's product line. The Executive Offi-
cer shall waive the evaluation requirement each year if, in the judgment
of the Executive Officer, technological changes do not affect the pre-
viously determined malfunction criteria.
(C) Monitoring conditions:
(i) Monitoring for misfire shall be continuous from engine starting un-
der all steady-state positive torque engine speeds and load conditions.
(ii) As an exception to monitoring misfire during all positive torque
operating conditions, engine manufacturers may disable misfire moni-
toring in the engine operating region bound by the positive torque line
(i.e., engine load with the transmission in neutral), and the two following
engine operating points:
a. an engine speed of 3,000 rpm with the engine load at the positive
torque line; and
b. the redline engine speed (defined in section 2441 ) with the engine's
manifold vacuum at four inches of mercury lower than that at the positive
torque line.
Misfire detection systems unable to detect all misfire patterns under
all required conditions shall be evaluated for compliance by the Execu-
tive Officer based on, but not limited to, the following factors:
c. the magnitude of the region(s) in which misfire detection is limited,
d. the degree to which misfire detection is limited in the region(s) (i.e.,
the probability of detection of misfire events),
e. the frequency with which said region(s) are expected to be encoun-
tered in-use,
f. the type of misfire patterns for which misfire detection is trouble-
some, and
g. demonstration that the monitoring technology employed is not in-
herently incapable of detecting misfire under required conditions (i.e.,
compliance can be achieved on other engines).
The evaluation shall be based on the following misfire patterns:
h. equally spaced misfire occurring on randomly selected cylinders,
i. single cylinder continuous misfire; and
j. paired cylinder (cylinders firing at the same crank angle) continuous
misfire.
Further, with Executive Officer approval, the engine manufacturer
may disable misfire monitoring or employ higher malfunction criteria
when misfire cannot be distinguished from other effects (e.g., turbulence
causing the propeller to alternately emerge from then re-submerge into
the water.) when using the best reasonably available monitoring technol-
ogy. The engine manufacturer shall present data and/or an engineering
evaluation to the Executive Officer to justify the proposed action. Execu-
tive Officer approval shall be based on the extent to which monitoring is
expected to be disabled in relation to the capabilities of the best available
monitoring technologies as applied to other engines. However, any such
disablement occurring within the first 5 seconds after engine starting
shall not require Executive Officer approval. Additionally, for engines
with greater than eight cylinders, the Executive Officer shall waive the
requirements of this section provided the engine manufacturer submits
data and/or an engineering evaluation which adequately demonstrates
that misfire detection throughout the required operating region cannot be
achieved when employing proven monitoring technology (i.e., a technol-
ogy that provides for compliance with these requirements on other en-
gines) and provided misfire is detected to the fullest extent permitted by
the technology.
(D) Malfunction notification and diagnostic trouble code storage:
(i) Upon detection of the level of misfire specified in subsection
(b)(5)(B) above, the following criteria shall apply for audio/visual alert
device activation and diagnostic trouble code storage:
a. A temporary diagnostic trouble code shall be stored no later than af-
ter the third exceedance of the specified misfire level when operating in
the region bound by modes 2 through 5 of the spark-ignition marine en-
gine test cycle and no later than after the first exceedance of the specified
misfire level when operating at any other engine speed and load condi-
tion during a single operating cycle. If the level of misfire is exceeded
again (a single exceedance) during the following operating cycle, or the
next operating cycle in which similar conditions are encountered
(manufacturer defined conditions), the audio/visual alert device shall ac-
tivate, a diagnostic trouble code shall be stored, and the audio/visual alert
device shall remain continuously activated, even if the misfire ceases.
The initial temporary code and stored conditions may be erased if misfire
is not detected during the following operating cycle and similar condi-
tions have been encountered without an exceedance of the specified mis-
fire level. The code and conditions may also be erased if similar operating
conditions are not encountered during forty operating cycles subsequent
to the initial detection of a malfunction.
b. Notwithstanding, in engines that provide fuel shutoff and default
fuel control to prevent over fueling during misfire conditions, the audio/
visual alert device need not activate provided that the fuel shutoff and de-
fault control shall be activated as soon as misfire is detected. Fuel shutoff
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Page 298.32
Register 2006, No. 46; 11-17-2006
Title 13
Air Resources Board
§ 2444.2
and default fuel control may be deactivated only to permit fueling outside
of the misfire range.
(d) Additional audio/visual alert device activation and diagnostic
trouble code storage protocol.
(J) Audio/visual alert device activation: For all emission-related com-
ponents/systems, upon final determination of a malfunction, the OBD-
M system shall activate an audio or visual alert device.
(A) If so equipped, visual alert devices shall remain activated continu-
ously whenever a malfunction has been identified by the OBD-M sys-
tem, and may be deactivated only according to the provisions in para-
graph (2) below, or with a scan tool after appropriate repairs have been
effected.
(B) If so equipped, audio alert devices may remain activated continu-
ously when a malfunction has been identified by the OBD-M system;
however, the Executive Officer shall consider alternative strategies in
which the audio alert is activated on a discontinuous, but repetitive, basis.
To be acceptable, discontinuous audio alert strategies must convey a
sense of urgency to vessel operators regarding the presence of OBD-M
malfunctions.
Upon fulfillment of the standardization processes referred to in sub-
section (g) below, a protocol for audio alert device activation shall be spe-
cified authorizing only discontinuous activation. A standardized notifi-
cation format is necessary to facilitate consumer association of the audio
alert pattern with the identification of an OBD-M malfunction indepen-
dent of manufacturer or platform. OBD-M system designers are encour-
aged to cooperate fully with each other and the ARB early on in this en-
deavor to minimize the redesigning of OBD-M audio alert activation
algorithms once a standardized protocol has been finalized.
(C) The diagnostic system shall store a diagnostic trouble code when-
ever the audio/visual alert device is activated. The diagnostic system
shall activate the audio/visual alert device and shall store a diagnostic
trouble code whenever the engine enters a default or "limp home" mode
of operation. The diagnostic system shall activate the audio/visual alert
device and shall store a diagnostic trouble code whenever the engine con-
trol system fails to enter closed-loop operation (if employed) within an
engine manufacturer specified minimum time interval.
(2) Audio/visual alert device deactivation:
(A) Misfire and Fuel System Malfunctions: For misfire or fuel system
malfunctions, the audio/visual alert device may be deactivated if the fault
does not recur when monitored during three subsequent sequential oper-
ating cycles in which conditions are similar to those under which the mal-
function was first determined.
(B) All Other Malfunctions: For all other faults, the audio/visual alert
device may be deactivated after three subsequent sequential operating
cycles during which the monitoring system responsible for activating the
audio/visual alert device functions without detecting the malfunction and
if no other malfunction has been identified that would independently ac-
tivate the audio/visual alert device according to the requirements out-
lined above.
(3) Erasing a diagnostic trouble code: The diagnostic system may
erase a diagnostic trouble code if the same fault is not re-registered in at
least forty (40) engine warm-up cycles, and the audio/visual alert device
is not activated for that diagnostic trouble code.
(e) Tampering protection: Computer-coded engine operating parame-
ters shall not be changeable without the use of specialized tools and pro-
cedures (e.g. soldered or potted computer components or sealed (or sol-
dered) computer enclosures). Subject to Executive Officer approval,
engine manufacturers may exempt from this requirement those product
lines that are unlikely to require protection. Criteria to be evaluated in
making an exemption include, but are not limited to, current availability
of performance chips, high performance capability of the engine, and
sales volume.
(f) Certification documentation: The engine manufacturer shall sub-
mit the following documentation for each engine family at the time of
certification. With Executive Officer approval, one or more of the docu-
mentation requirements specified in this section may be waived or al-
tered if the information required would be redundant or unnecessarily
burdensome to generate:
(1) A written description of the functional operation of each monitor-
ing strategy within the diagnostic system.
(2) A table providing the following information for each monitored
component or system (either computer-sensed or -controlled) of the
emission control system:
(A) corresponding diagnostic trouble code.
(B) monitoring method or procedure for malfunction detection.
(C) primary malfunction detection parameter and its type of output
signal.
(D) fault criteria limits used to evaluate output signal of primary pa-
rameter.
(E) other monitored secondary parameters and conditions (in engi-
neering units) necessary for malfunction detection.
(F) monitoring time length and frequency of checks.
(G) criteria for activating the audio/visual alert device.
(3) A logic flowchart describing the general method of detecting mal-
functions for each monitored emission-related component or system. To
the extent possible, abbreviations in SAE J 1 930 "Electrical/Electronic
Systems Diagnostic Terms, Definitions, Abbreviations, and Acronyms,"
May 1998, shall be used. J 1930 is incorporated by reference herein. The
information required in the chart under (2) above may instead be in-
cluded in this flow chart, provided all of the information required in (2)
is included.
(4) A listing and block diagram of the input parameters used to calcu-
late or determine calculated load values and the input parameters used to
calculate or determine fuel trim values.
(5) Any other information determined by the Executive Officer to be
necessary to demonstrate compliance with the requirements of this sec-
tion.
(g) Confirmatory testing: The ARB may perform confirmatory testing
of engine manufacturers' diagnostic systems for compliance with re-
quirements of this section in accordance with malfunction criteria sub-
mitted in the engine manufacturer's approved certification documenta-
tion. The ARB or its designee may install appropriately deteriorated or
malfunctioning components in an otherwise properly functioning test en-
gine (or simulate a deteriorated or malfunctioning component response)
in order to test the fuel system, oxygen sensor, catalyst system, and mis-
fire (if applicable) monitors for compliance with the applicable
constraints in this section. Diagnostic systems of a representative sample
of engines that uniformly fail to meet the requirements of this section
may be recalled for correction.
(h) Standardization: The spark-ignition inboard and sterndrive marine
industry, in cooperation with ARB, will develop and adhere to standard-
ized specifications for the implementation of OBD-M, including diag-
nostics trouble code formats, communication, and scan tool protocols.
(i) Implementation schedule.
(1) These OBD-M requirements, unless otherwise specified, shall be
implemented beginning with the 2007 model year for engines complying
with (a)(1) of this section, and with the 2008 model year for engines com-
plying with (a)(2) of this section.
(2) All engine manufacturers shall meet these OBD-M requirements
by the 2009 model year for engines complying with (a)(1) of this section,
and the 2010 model year for engines complying with (a)(2) of this sec-
tion.
(3) The Executive Officer, upon receipt of an application from the en-
gine manufacturer, may certify the engines in question even though said
engines may not comply with one or more of the requirements of these
subsections. Such certification is contingent upon the extent to which
these requirements are satisfied overall on the engine applications in
question and a demonstrated good-faith effort to meet these require-
ments in full by evaluating and considering the best available monitoring
technology. Each incident of non-compliance will be recorded as a defi-
ciency.
Page 298.33
Register 2006, No. 46; 11-17-2006
§ 2445.1
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(A) Engine manufacturers of non-complying systems shall be subject
to fines pursuant to section 43016 of the California Health and Safety
Code for each deficiency identified subject to the following limitations:
(i) The specified fines shall apply to the third and subsequently identi-
fied deficiencies, with the exception that fines shall apply to all monitor-
ing system deficiencies wherein a required monitoring strategy is com-
pletely absent from the OBD-M system; and
(ii) Engine manufacturers may not carry over monitoring system defi-
ciencies for more than two model years unless it can be adequately dem-
onstrated that substantial engine hardware modifications and additional
lead time beyond two years would be necessary to correct the deficiency,
in which case the deficiency may be carried over for three model years.
(B) For the third deficiency and every deficiency thereafter identified
in an engine model, the fines shall be in the amount of $25 per deficiency
per engine for non-compliance with any of the monitoring requirements
specified in this section. Total fines per engine under this section shall not
exceed $250 per engine and shall be payable to the State Treasurer for
deposit in the Air Pollution Control Fund.
NOTE: Authority cited: Sections 39515, 39600, 39601, 43013, 43018, 43104 and
44036.2, Health and Safety Code; Sections 27156 and 38395, Vehicle Code. Ref-
erence: Sections 39002, 39003, 39667, 43000. 43004, 43008.6. 43013, 43016,
43018, 43100, 43101, 43101. 5, 43102, 43104, 43105, 43106, 43204 and 44036.2,
Health and Safety Code; Sections 27156, 38391 and 38395, Vehicle Code.
History
1. New section filed 7-22-2002; operative 8-21-2002 (Register 2002, No. 30).
2. Redesignation and amendment of introductory paragraphs as subsections
(a)-(a)(2), subsection relettering, amendment of newly designated subsections
(b)(2), (b)(5)(B), (b)(8), (b)(10) and (b)( 1 3), new subsection (b)( 1 4) and amend-
ment of newly designated subsections (c)(5) and (h)(1)— (2) filed 1 1-13-2006;
operative 12-13-2006 (Register 2006, No. 46).
§ 2445.1 . Defects Warranty Requirements for Model Year
2001 and Later Spark-Ignition Marine Engines.
(a) Applicability. This section applies to model year 2001 and later
spark-ignition personal watercraft and outboard marine engines, and to
model year 2003 and later spark-ignition inboard and sterndrive marine
engines. The warranty period begins on the date the engine or equipment
is delivered to an ultimate purchaser or first placed into service (e.g., a
demonstration engine or watercraft).
(b) General Emissions Warranty Coverage. The manufacturer of each
spark-ignition marine engine must warrant to the ultimate purchaser and
each subsequent purchaser that the engine is:
(1) Designed, built and equipped so as to conform with all applicable
regulations adopted by the Air Resources Board pursuant to its authority
in Chapters 1 and 2, Part 5, Division 26 of the Health and Safety Code;
and
(2) Free from defects in materials and workmanship that cause the fail-
ure of a warranted part to be identical in all material respects to that part
as described in the engine manufacturer's application for certification.
(c) Warranty Period. In the case of all new, spark-ignition marine en-
gines, the warranty period will be:
(1) For model year 2001 and later spark-ignition personal watercraft
and outboard marine engines, a period of 4 years or 250 hours of use,
whichever occurs first.
(2) For model year 2003-2005 spark-ignition inboard and sterndrive
marine engines, a period of 2 years.
(3) For model year 2006 and later spark-ignition inboard and stern-
drive marine engines:
(A) Manufacturers certifying engines according to Option 1 in Section
2442(b)(1) for model years 2006-2008, a period of 2 years.
(B) Manufacturers certifying engines according to Option 2 in Section
2442(b)(1):
1. For model years 2006-2007, a period of 2 years.
2. For model year 2008, a period of 3 years or 480 hours, whichever
first occurs.
(C) Model Year 2009 and Later:
1. Engines 373 kilowatts or less, a period of 3 years or 480 hours,
whichever first occurs.
2. Engines greater than 373 kilowatts, but less than or equal to 485
kilowatts:
a. A period of 3 years or 480 hours, whichever first occurs, for elec-
tronic emission-related components including, but not limited to, sen-
sors (e.g., oxygen sensors, mass air flow sensors, crankshaft position sen-
sors, etc.), solenoids (e.g., fuel injectors, idle control valves, pressure
regulators, etc.), ignition components, powerlrain control modules, and
for the following: catalysts, carburetors, fuel pumps, evaporative compo-
nents (including low-permeation hoses), exhaust gas recirculation, and
other direct emissions devices,
b. A period of 3 years or 150 hours, whichever first occurs, for me-
chanical emission-related components, including but not limited to, the
engine block, crankshaft, camshaft, connecting rods, valves, manifolds,
rotating parts, pistons, and turbo/superchargers.
3. Engines greater than 485 kilowatts:
a. A period of 3 years or 480 hours, whichever first occurs, for elec-
tronic emission-related components including, but not limited to, sen-
sors (e.g., oxygen sensors, mass air flow sensors, crankshaft position sen-
sors, etc.), solenoids (e.g., fuel injectors, idle control valves, pressure
regulators, etc.), ignition components, powertrain control modules, and
for the following: catalysts, carburetors, fuel pumps, evaporative compo-
nents (including low-permeation hoses), exhaust gas recirculation, and
other direct emissions devices,
b. A period of 1 year or 50 hours, whichever first occurs, for mechani-
cal emission-related components, including but not limited to, the engine
block, crankshaft, camshaft, connecting rods, valves, manifolds, rotating
parts, pistons, and turbo/superchargers.
4. Notwithstanding (c)(3)(C)2. and (c)(3)(C)3. above, an engine
manufacturer may request an alternate hourly warranty period for specif-
ic components in an engine family with rated power greater than 373 kW
provided the following:
a. Under no circumstances may the manufacturer request an alternate
interval that is less than 50 hours of operation, and the alternate interval
must be at least as long as the engine manufacturer' s recommended over-
haul interval.
b. The manufacturer must submit actual durability test data if engines
identical to those in the engine family for which the manufacturer is re-
questing an alternate warranty period have already been produced and
are in use. Otherwise, the manufacturer must submit equivalent data from
research engines or similar engine models that are already in production,
along with an engineering evaluation relating the results of those data to
the engine components for which an alternate interval is being requested.
c. The manufacturer may submit other information if the manufacturer
believes it beneficial for demonstrating the appropriateness of the re-
quested alternate interval.
d. The Executive Officer shall review the data provided, as well as any
other information known to the executive officer, in determining whether
or not the requested hourly interval is representative of the expected use-
ful life of the affected components or of the engine itself. If this deter-
mination is affirmed, the Executive Officer shall approve the manufac-
turer's request for an alternate warranty period.
(d) Subject to the conditions and exclusions of Subsection (g), the war-
ranty on emission-related parts is as follows:
(1) Any warranted part that is not scheduled for replacement as re-
quired maintenance in the written instructions required by Subsection (f)
must be warranted for the warranty period defined in Subsection (c). If
the part fails during the period of warranty coverage, the part must be re-
paired or replaced by the engine manufacturer according to Subsection
(4) below. Any such part repaired or replaced under warranty must be
warranted for the remainder of the period.
(2) Any warranted part that is scheduled only for regular inspection in
the written instructions required by Subsection (f) must be warranted for
the warranty period defined in Subsection (c). A statement in such writ-
ten instructions to the effect of "repair and replace as necessary" will not
reduce the period of warranty coverage. Any such part repaired or re-
Page 298.34
Register 2006, No. 46; 11-17-2006
Title 13
Air Resources Board
§ 2445.2
placed under warranty must be warranted for the remaining warranty pe-
riod.
(3) Any warranted part that is scheduled for replacement as required
maintenance in the written instructions required by Subsection (f) must
be warranted for the period of time before the first scheduled replacement
date for that part. If the part fails before the first scheduled replacement,
the part must be repaired or replaced by the engine manufacturer accord-
ing to Subsection (4) below. Any such part repaired or replaced under
warranty must be warranted for the remainder of the period prior to the
first scheduled replacement point for the part.
(4) Repair or replacement of any warranted part under the warranty
provisions of this article must be performed at a warranty station at no
charge to the owner.
(5) Notwithstanding the provisions of Subsection (4), warranty ser-
vices or repairs must be provided at all engine manufacturer distribution
centers that are franchised to service the subject engines.
(6) The engine owner must not be charged for diagnostic labor that is
directly associated with diagnosis of a defective, emission-related war-
ranted part, provided that such diagnostic work is performed at a warran-
ty station.
(7) The engine manufacturer is liable for damages to other engine
components proximately caused by a failure under warranty of any war-
ranted part.
(8) Throughout the engine's warranty period defined in Subsection
(c), the engine manufacturer must maintain a supply of warranted parts
sufficient to meet the expected demand for such parts.
(9) Any replacement part may be used in the performance of any war-
ranty maintenance or repairs and must be provided without charge to the
owner. Such use will not reduce the warranty obligations of the engine
manufacturer.
(10) Add-on or modified parts, as defined in Section 1900(b)(1) and
(b)(10), Title 1 3, that are not exempted by the Air Resources Board may
not be used. The use of any non-exempted add-on or modified parts by
the ultimate purchaser will be grounds for disallowing a warranty claim
made in accordance with this article. The engine manufacturer will not
be liable under this article to warrant failures of warranted parts caused
by the use of a non-exempted add-on or modified part.
(11) The Executive Officer may request and, in such case, the engine
manufacturer must provide, any documents that describe that engine
manufacturer's warranty procedures or policies.
(e) Each engine manufacturer must provide a copy of the following
emission warranty parts list with each new engine, using those portions
of the list applicable to the engine.
(1) Fuel Metering System
(A) Carburetor and internal parts (and/or pressure regulator or fuel in-
jection system)
(B) Air/fuel ratio feedback and control system
(C) Cold start enrichment system
(D) Intake valve(s)
(2) Air Induction System
(A) Controlled hot air intake system
(B) Intake manifold
(C) Air Filter
(D) Turbocharger systems
(E) Heat riser valve and assembly
(3) Ignition System
(A) Spark plugs
(B) Magneto or electronic ignition system
(C) Spark advance/retard system
(D) Ignition coil and/or control module
(E) Ignition wires
(4) Lubrication System
(A) Oil pump and internal parts
(B) Oil injector(s)
(C) Oil meter
(5) Positive Crankcase Ventilation (PCV) System
(A) PCV valve
(B) Oil filler cap
(6) Exhaust Gas Recirculation (EGR) System
(A) EGR valve body, and carburetor spacer if applicable
(B) EGR rate feedback and control system
(7) Air Injection System
(A) Air pump or pulse valve
(B) Valves affecting distribution of flow
(C) Distribution manifold
(8) Exhaust System
(9) Catalyst or Thermal Reactor System
(A) Catalytic converter
(B) Thermal reactor
(C) Exhaust manifold
(D) Exhaust valve(s)
(10) Miscellaneous Items Used in Above Systems
(A) Hoses, clamps, fittings, tubing, sealing gaskets or devices, and
mounting hardware
(B) Pulleys, belts and idlers
(C) Vacuum, temperature, check, and time sensitive valves and
switches
(D) Electronic Controls
(0 Each engine manufacturer must provide with each new engine writ-
ten instructions for the maintenance and use of the engine by the owner.
The instructions must be consistent with this Article. A copy of the
instructions for each engine family must be provided to the Executive Of-
ficer upon commencement of its production.
(g) Exclusions.
(1) The repair or replacement of any warranted part otherwise eligible
for warranty coverage under Subsection (d) may be excluded from such
warranty coverage if the engine manufacturer demonstrates that the en-
gine has been abused, neglected, or improperly maintained, and that such
abuse, neglect, or improper maintenance was the direct cause of the need
for the repair or replacement of the part.
(2) Engine manufacturers must warrant engines for the yearly warran-
ty period specified in paragraph (c). For Outboard and Personal Water-
craft engines, and for inboard/sterndrive engines greater than 485 kilo-
watts, manufacturers may warrant engines for the hour warranty period
if the engines:
(A) are equipped with hour meters; (an ECM-integrated hour meter
for inboard/sterndrive engines)
(B) are equipped with devices similar to hour meters that are approved
by the Executive Officer; or
(C) are or will be accompanied by other evidence or methods that the
Executive Officer determines reliable for determining engine usage in
hours.
(3) Except as provided in Subsection (1) above, any adjustment of a
component that has a factory installed, and properly operating, adjust-
ment limiting device (such as an idle limiter cap or plug) is eligible for
warranty coverage under Subsection (d).
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and
431 04, Health and Safety Code. Reference: Sections 4301 3, 4301 7, 4301 8, 43 1 01 ,
43102, 43104, 43105, 43150-43154, 43205.5 and 43210-43212, Health and Safe-
ty Code.
History
1. New section filed 12-8-99; operative 1-7-2000 (Register 99, No. 50).
2. Amendment of subsection (d)(10) filed 8-29-2000; operative 9-28-2000 (Reg-
ister 2000, No. 35).
3. Amendment of subsections (a) and (c), new subsections (c)(l)-(3) and amend-
ment of subsection (g)(2) filed 7-22-2002; operative 8-21-2002 (Register
2002, No. 30).
4. Amendment of subsections (c)(2)-(3), new subsections (c)(3)(A)- (c)(3)(C)4.d.
and amendment of subsections (g)(2) and (g)(2)(A) filed 1 1—13—2006; opera-
tive 12-13-2006 (Register 2006, No. 46).
§ 2445.2. Emission Control Warranty Statements.
(a) Each engine manufacturer must provide a verbatim copy of the fol-
lowing statement with each new 2001 model year and later spark-igni-
tion personal watercraft and outboard marine engine and with each new
Page 298.35
Register 2006, No. 46; 11-17-2006
§2446
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
2003 model year and later spark-ignition inboard and sterndrive marine
engine, using those portions of the statement applicable to the engine.
CALIFORNIA EMISSION CONTROL
WARRANTY STATEMENT
YOUR WARRANTY RIGHTS AND OBLIGATIONS
The California Air Resources Board (and engine manufacturer's
name, optional) is (are) pleased to explain the emission control system
warranty on your (model year)(inboard, sterndrive, outboard, or personal
watercraft) engine. In California, new (inboard, sterndrive, outboard, or
personal watercraft) engines must be designed, built and equipped to
meet the State's stringent anti-smog standards. (Engine manufacturer's
name) must warrant the emission control system on your (inboard, stern-
drive, outboard, or personal watercraft) engine for the periods of time
listed below provided there has been no abuse, neglect or improper main-
tenance of your (inboard, sterndrive, outboard or personal watercraft) en-
gine.
Your emission control system may include parts such as the carburetor
or fuel injection system, the ignition system, and catalytic converter.
Also included may be hoses, belts, connectors and other emission-re-
lated assemblies.
Where a warrantable condition exists, (engine manufacturer's name)
will repair your (inboard, sterndrive, outboard or personal watercraft) en-
gine at no cost to you, including diagnosis, parts and labor.
MANUFACTURER'S WARRANTY COVERAGE:
(For spark-ignition personal watercraft and outboard marine en-
gines:) Select emission control parts from model year 2001 and later
(outboard or personal watercraft) engines are warranted for 4 years, or
for 250 hours of use, whichever occurs first.
(For 2003-2005 spark-ignition inboard and sterndrive marine en-
gines:) Select emission control parts from model year 2003-2005 (in-
board or sterndrive) engines are warranted for 2 years.
(For 2006-2008 spark-ignition inboard and sterndrive marine engines
certified according to Option 1 in Section 2442(b)(1):)
Select emission control parts from 2006-2008 (inboard or sterndrive)
engines are warranted for 2 years.
(For 2006-2007 spark-ignition inboard and sterndrive marine engines
certified according to Option 2 in Section 2442(b)(1):)
Select emission control parts from 2006-2007 (inboard or sterndrive)
engines are warranted for 2 years.
(For 2008 spark-ignition inboard and sterndrive marine engines certi-
fied according to Option 2 in Section 2442(b)(1):)
Select emission control parts from 2008 (inboard or sterndrive) en-
gines are warranted for 3 years or 480 hours, whichever first occurs.
(For 2009 and later spark-ignition inboard and sterndrive marine en-
gines 373 kilowatts and less:)
Select emission control parts from 2009 and later (inboard or stern-
drive) engines are warranted for 3 years or 480 hours, whichever first
occurs.
(For 2009 and later spark-ignition inboard and sterndrive marine en-
gines greater than 373 kilowatts, but less than or equal to 485 kilo-
watts:)
Select electronic emission-related control parts from 2009 and later
(inboard or sterndrive) engines are warranted for 3 years or 480 hours,
whichever first occurs. Select mechanical emission-related compo-
nents are warranted for 3 years or 150 hours of operation, whichever
first occurs.
(For 2009 and later spark-ignition inboard and sterndrive marine en-
gines greater than 485 kilowatts:)
Select electronic emission-related control parts from 2009 and later
(inboard or sterndrive) engines are warranted for 3 years or 480 hours,
whichever first occurs. Select mechanical emission-related compo-
nents are warranted for 1 year or 50 hours of operation, whichever first
occurs.
However, warranty coverage based on the hourly period is only per-
mitted for engines that are equipped with hour meters as defined in
§ 2441(a)(13) or their equivalent. If any emission-related part on
your engine is defective under warranty, the part will be repaired or
replaced by (engine manufacturer's name).
OWNER'S WARRANTY RESPONSIBILITIES:
- As the (inboard, sterndrive, outboard or personal watercraft) engine
owner, you are responsible for the performance of the required mainte-
nance listed in your owner's manual. (Engine manufacturer's name)
recommends that you retain all receipts covering maintenance on your
(inboard, sterndrive, outboard or personal watercraft) engine, but (en-
gine manufacturer's name) cannot deny warranty solely for the lack
of receipts or your failure to ensure the performance of all scheduled
maintenance.
- As the (inboard, sterndrive, outboard or personal watercraft) engine
owner, you should however be aware that (engine manufacturer's
name) may deny you warranty coverage if your (inboard, sterndrive,
outboard or personal watercraft) engine or a part has failed due to
abuse, neglect, improper maintenance or unapproved modifications.
- You are responsible for presenting your (inboard, sterndrive, out-
board or personal watercraft) engine to a (engine manufacturer's
name) distribution center as soon as a problem exists. The warranty re-
pairs will be completed in a reasonable amount of time, not to exceed
30 days.
If you have any questions regarding your warranty rights and responsi-
bilities, you should contact (Insert chosen contact of engine manufac-
turer) at 1-XXX-XXX-XXXX.
(b) Commencing with the 2001 model year, each engine manufacturer
must also provide with each new engine a warranty statement in accor-
dance with section 2445.1 , Title 1 3, California Code of Regulations, that
generally describes the obligations and rights of the engine manufacturer
and engine owner under this article. Engine manufacturers must also in-
clude in the warranty statement a phone number the consumer may use
to obtain their nearest franchised service center.
(c) Each engine manufacturer must submit the documents required by
Subsections (a) and (b) with the engine manufacturer's application for
new engine certification for approval by the Executive Officer. The
Executive Officer may reject or require modifications of the documents
to the extent the submitted documents do not satisfy the requirements of
Subsections (a) and (b). Approval by the Executive Officer of the docu-
ments required by Subsections (a) and (b) is a condition of certification.
The Executive Officer will approve or disapprove the documents re-
quired by Subsections (a) and (b) within ninety (90) days of the date such
documents are received from the engine manufacturer. Any disapproval
must be accompanied by a statement of reasons therefore. In the event of
disapproval, the engine manufacturer may petition the Board to review
the decision of the Executive Officer pursuant to Subchapter 1 .25 of Title
17, California Code of Regulations.
NOTE: Authority cited: Sections 39600, 39601, 43013, 4301 8, 43101, 43102 and
43104, Health and Safety Code. Reference: Sections4301 3, 43017, 43018, 43101,
43102, 43104, 43105, 43150-43154, 43205.5 and 4321CM3212, Health and Safe-
ty Code.
HrSTORY
1 . New section filed 12-8-99; operative 1-7-2000 (Register 99, No. 50).
2. Amendment filed 7-22-2002; operative 8-21-2002 (Register 2002, No. 30).
3. Amendment of subsection (a) filed 1 1-1 3-2006; operative 12-13-2006 (Regis-
ter 2006, No. 46).
4. Change without regulatory effect amending subsection (a) filed 11-13-2006
pursuant to section 100, title 1, California Code of Regulations (Register 2006,
No. 46).
§ 2446. 2001 and Later Model Year Production-Line Test
Procedures and Selective Enforcement
Auditing Regulations for Spark-Ignition Marine
Engines.
(a) Applicability. This section applies to 2001 and later spark-ignition
personal watercraft and outboard marine engines. The allowable meth-
Page 298.36
Register 2006, No. 46; 11-17-2006
Title 13
Air Resources Board
§2446
ods of production-line testing are specified in subsections (b) and (c), un-
less the engine manufacturer can satisfactorily provide an alternate meth-
od that shows an equivalent assurance of compliance to that of subsection
(b). The engine manufacturer must choose only one method for each
model year and submit its method of production-line testing to the
Executive Officer for approval no later than 90 days prior to the start of
the subject model year production. The 2003 and later spark-ignition in-
board and sterndrive marine engines are only subject to the selective en-
forcement audit requirements specified within subsections (d) and (e) of
this section. Inboard and sterndrive engines certified using the provision
in Section 2442(b)(2)(F) are exempt from this Section.
(b) 2001 and Later Model Year Quality-Audit Production Line Test
Procedures
(1) Engine Sample Selection.
(A) Except as provided in subsection (b)(2), the engine manufacturer
must randomly select one percent of the California sales volume of en-
gines from each engine family for quality-audit testing.
(B) The Executive Officer may, upon notice to the engine manufactur-
er, require the sample rate to be increased to a maximum of ten percent
of production (not to exceed 30 additional engines or units of equipment)
of the calendar quarterly production of any engine family.
(2) Alternate Quality-Audit Engine Selection Criteria for 2001 and
Later Model Years.
(A) An engine manufacturer may use the alternate engine selection
method outlined in this Subsection.
(B) Engines or equipment must be randomly selected at a rate of 1.0
percent of engine family production at the beginning of production.
When test results of the first 1 0 engines or units of equipment have been
accumulated, an evaluation as indicated below must be made.
(C) Calculate the family mean and standard deviation of HC+NOx.
Identify engines or units of equipment that have emission levels greater
than three standard deviations above the mean. Eliminate these emission
data points and recalculate the mean and standard deviation. Continue the
calculation until there are no values greater than three standard devi-
ations above the mean. Count the number of these data points greater than
the emission standard (outlier). If the total number of outlier is equal to
or less than the allowable number in Table 1 for HC+NOx, the engine
family is eligible to continue to a second evaluation, shown in paragraph
(D) below. Otherwise, sampling must continue at a rate of 1 .0 percent of
production for the rest of the month.
(D) If the allowable outlier criterion is met, the family mean standard
deviation, and sample size determined for HC + Nox before excluding
any outlier, are substituted in the following expression:
(emission standard - mean) (N)0-5
(standard deviation)
(E) If the expression is greater than C in Table 2 below, and the engine
manufacturer reasonably estimates that the quarterly engine family pro-
duction will exceed 5,000 engines or units of equipment, the sampling
rate for the remaining portion of the calendar month following the date
of selection of the last of the 10 engines or equipment is 10 per month,
applied on a prorated basis. If the expression is greater than C in Table
2 below, and the engine manufacturer reasonably estimates that the quar-
terly engine family production will be 5,000 engines or units of equip-
ment or less, the sampling rate for the remaining portion of the calendar
month following the date of selection of the last of the 10 engines or
equipment is 5 per month, applied on a prorated basis. If the expression
is equal to or less than C in Table 2, the sampling rate continues to be 1 .0
percent of production for the remaining portion of the month in which
selection of the 10 engines or equipment is completed. The value of C is
a function of the coefficient of variation (standard deviation/mean). The
coefficient of variation and C must be rounded to the number of decimal
places shown in Table 2.
Table 1
Sample Si:
le Allowable Outlier
Sample Size
Allowable Outlier
1-32
1
430-478
11
33-68
2
479-528
12
69-107
3
529-578
13
108-149
4
579-629
14
150-193
5
630-680
15
194-238
6
681-731
16
239-285
7
732-783
17
286-332
8
784-835
18
333-380
9
836-887
19
381^129
10
888-939
Table 2
20
Coefficient of Variation
C
o.i
0.5
0.2
1.2
0.3
1.8
0.4
2.5
0.5
3.1
0.6
3.8
0.7
4.4
0.8
5.1
0.9
5.7
(F) At the conclusion of each month of quarterly engine family pro-
duction, the emission test data must be evaluated in order to determine
the sampling rate as set forth in Paragraphs C and D above. This evalua-
tion must utilize all test data accumulated in the applicable quarter. The
sample rate for the next month of production must be determined as fol-
lows: ten (10) engines per month when the engine manufacturer's esti-
mated quantity of quarterly engine family production is greater than
5,000; five (5) engines per month when the engine manufacturer's esti-
mated quantity of quarterly engine family production is equal to or less
than 5,000; or, one (1) percent of the quarterly engine family production
as determined by the sampling evaluation method set forth in Paragraphs
D and E.
(G) For each subsequent quarter, the preceding sample selection meth-
od must be followed. The sample rate determination for the first month
of each subsequent quarter must be based on the accumulated data from
the previous quarter. The sample rate for the succeeding months of the
quarter must be determined as previously set forth.
(H) If the start of production does not coincide with the first of a quar-
ter, the sequence for sample rate determination must be followed, but ref-
erences to remaining calendar months may not be appropriate.
(I) Where an engine manufacturer has sampled engines or equipment
at a rate of 5 per month following a reasonable estimate that the quarterly
engine family production will be 5,000 engines or units of equipment or
less, and subsequently determines, or reasonably should determine based
on information available to the engine manufacturer, that the quarterly
engine family production will exceed 5,000 engines or units of equip-
ment, the engine manufacturer must increase the sampling rate for the
quarter such that the requirements of Paragraph D applicable to families
reasonably estimated to exceed a quarterly production of 5,000 engines
or units of equipment are satisfied.
(3) Compliance Evaluation.
(A) Each engine manufacturer must review the test results of the first
10 test engines or equipment of each engine family, from each calendar
quarter of production or from the start of calendar year production. It
must also review the quarter's cumulative test results of each engine fam-
ily at the end of each month. If 10 or more engines or units of equipment
have been tested, the engine manufacturer must notify the Chief of the
Mobile Source Operations Division and the Manager of the New Vehicle
Audit Section, P.O. Box 8001, 9528 Telstar Avenue, El Monte, CA,
91734—8001, in writing within ten working days whenever an engine
family exceeds an emission standard.
Page 298.37
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BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(B) At the end of the quarter, all of the data accumulated during the
quarter are evaluated, and the compliance of the engine family with the
family emission levels or emission standards, whichever is applicable, is
determined. If a sample size for a particular production quarter is less
than ten engines, the data from that quarter must be combined with all of
the data from each successive quarter of the calendar year until data from
at least ten engines that have been quality-audit tested are included in the
quarterly evaluation. If the sample size for the first quarter's production
for a calendar year does not contain at least ten engines, the data available
for that quarter are evaluated. However, compliance of the engine family
with the family emission levels or emission standards, whichever is ap-
plicable, is not determined until subsequent quarterly production data is
available that includes evaluations of at least ten engines. If the sample
size for the last final quarter's production for a calendar year does not
contain at least ten engines, the data from the last final quarter must be
combined with all the data from each preceding quarter of the calendar
year until the sample size contains at least ten engines.
(C) When the average value of any pollutant that is rounded off to the
same number of significant digits as is the standard, in accordance with
ASTM E 29-93a, exceeds the applicable family emission level or emis-
sion standard, whichever is applicable; or, when the engine manufactur-
er's submitted data reveal that the production line tests were performed
improperly, the engine family may be determined to be in noncom-
pliance. The Executive Officer will follow the manufacturer notification
procedures in section (d)(4).
(D) A failed engine is one whose emission test results for a regulated
pollutant exceeds the emission standard or FEL, as applicable.
(4) Reports.
(A) Each engine manufacturer shall submit a written report to the ARB
within 45 calendar days of the end of each calendar quarter.
(B) The quarterly report shall include the following:
(i) The total production and sample size for each engine family.
(ii) Engine identification numbers and explanation of the identifica-
tion code.
(iii) The applicable emissions standards or Family Emission Levels for
each engine family.
(iv) A description of each test engine or equipment (i.e., date of test,
engine family, engine size, engine or equipment identification number,
fuel system, dynamometer power absorber setting in horsepower or kilo-
watts, engine code or calibration number, and test location).
(v) The exhaust emission data for HC+NOx for each test engine or
equipment. The data reported shall provide two significant figures be-
yond the number of significant figures in the applicable emission stan-
dard.
(vi) The retest emissions data, as described in Paragraph (v) above for
any engine or unit of equipment failing the initial test, and description of
the corrective measures taken, including specific components replaced
or adjusted.
(vii) A statistical analysis of the quality-audit test results for each en-
gine family stating:
1 . Number of engines or units of equipment tested.
2. Average emissions and standard deviations of the sample for
HC+NOx.
(viii) Every aborted test data and reason for the aborted test.
(ix) The applicable quarterly report shall include the date of the end of
the engine manufacturer's model year production for an engine family.
(x) The required information for all engine families in production dur-
ing the quarter regardless of sample size.
(xi) The start and stop dates of batch-produced engine family produc-
tion.
(C) Each engine manufacturer shall submit a copy of the report that has
been stored (e.g., computer disc), or may be transmitted, in an electroni-
cally digitized manner, and in a format that is specified by the Executive
Officer. This electronically based submission is in addition to the written
submission of the report.
(c) 2001 and Later Model Year Cumulative Sum Production-Line
Test Procedures.
(1) Engine Sample Selection.
(A) At the start of each model year, the engine manufacturer will begin
to randomly select engines from each engine family with California sales
greater than 20 units for production line testing, according to the criteria
specified herein.
(i) For newly certified engine families: After two (2) engines are
tested, the engine manufacturer will calculate the required sample size
for the model year according to the Sample Size Equation in paragraph
(c)(1)(B) of this section.
(ii) For carry-over engine families: After one engine is tested, the en-
gine manufacturer must combine the test with the last test result from the
previous model year and then calculate the required sample size for the
model year according to the Sample Size Equation in paragraph (B) of
this section.
(iii) The engines must be representative of the engine manufacturer's
California sales. Each engine will be selected from the end of the assem-
bly line. All engine models within the engine family must be included in
the sample pool. Each selected engine for quality-audit testing must pass
the inspection test, by being equipped with the appropriate emission con-
trol systems certified by the ARB. The procedure for randomly selecting
engines or units of equipment must be submitted to the Chief, Mobile
Source Operations Division, P.O. Box 8001, 9528 Telstar Avenue, El
Monte, CA, 91734-8001 , before the start of production for the first year
of production.
(iv)a. Prior to the beginning of the 2001 model year, if an engine
manufacturer cannot provide actual California sales data, it must provide
its total production and an estimate of California sales at the end of the
model year. The engine manufacturer must also provide supporting ma-
terial for its estimate.
b. For the 2001 and later model years, engine manufacturers must pro-
vide actual California sales, or other information acceptable to the
Executive Officer, including, but not limited to, an estimate based on
market analysis and federal production or sales.
(B)(i) Engine manufacturers must calculate the required sample size
for the model year for each engine family using the Sample Size Equation
below. N is calculated from each test result. The number N indicates the
number of tests required for the model year for an engine family. N is re-
calculated after each test. Test results used to calculate the variables in
the Sample Size Equation must be final deteriorated test results as speci-
fied in paragraph (c)(3)(C).
(t95 * o)
N = [-
-] + 1
(x - FELjx)
where:
N = Required sample size for the model year.
tgs = 95% confidence coefficient. It is dependent on the actual
number of tests completed, n, as specified in the table in
paragraph (c)(l)(B)(ii) of this section. It defines one-
tail, 95% confidence intervals.
FELjx = Family Emission Limit
C = Actual test sample standard deviation calculated from
the following equation:
o =
*\
(Xi-xY
where:
x
n
n-l
Emission test result for an individual engine
Mean of emission test results of the actual sample
The actual number of tests completed in an engine
family
Page 298.38
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Title 13
Air Resources Board
§2446
•
•
(ii) Actual Number of Tests (n) and 1-tail Confidence Coefficients
(t95> are listed in Table 3 below:
Table 3
Actual Number of Tests (n) and 1-tai) Confidence Coefficients O95)
C, = max[0 or (CM + X; - (FELjx = F))]
'95
t95
'95
2
6.31
12
1.80
22
1.72
3
2.92
13
1.78
23
1.72
4
2.35
14
1.77
24
1.71
5
2.13
15
1.76
25
1.71
6
2.02
16
1.75
26
1.71
7
1.94
17
1.75
27
1.71
8
1.90
18
1.74
28
1.70
9
1.86
19
1.73
29
1.70
10
1.83
20
1.73
30
1.70
11
1.81
21
1.72
00
1.645
•
(iii) An engine manufacturer must distribute the testing of the remain-
ing number of engines needed to meet the required sample size N, evenly
throughout the remainder of the model year.
(iv) After each new test, the required sample size, N, is recalculated
using updated sample means, sample standard deviations and the ap-
propriate 95% confidence coefficient.
(v) An engine manufacturer must continue testing and updating each
engine family's sample size calculations according to paragraphs
(c)(l)(B)(i) through (c)(l)(B)(iv) of this section until a decision is made
to stop testing as described in paragraph (c)(l)(B)(vi) of this section or
a noncompliance decision is made pursuant to paragraph (c)(2)(A)(v) of
this section.
(vi) If, at any time throughout the model year, the calculated required
sample size, N, for an engine family is less than or equal to the actual sam-
ple size, n, and the sample mean, x, for each regulated pollutant is less
than or equal to the FEL for that pollutant, the engine manufacturer may
stop testing that engine family except as required by paragraph
(c)(2)(A)(vi).
(vii) If, at any time throughout the model year, the sample mean, x, for
any regulated pollutant is greater than the FEL, the engine manufacturer
must continue testing that engine family at the appropriate maximum
sampling rate.
(viii) The maximum required sample size for an engine family (regard-
less of the required sample size, N, as calculated in paragraph (c)(l)(B)(i)
of this section) is thirty (30) tests per model year.
(ix) Engine manufacturers may elect to test additional randomly cho-
sen engines. All additional randomly chosen engines tested in accor-
dance with the testing procedures specified in the Test Procedures must
be included in the Sample Size and Cumulative Sum equation calcula-
tions as defined in paragraphs (c)(l)(B)(i) and (c)(2)(A)(i) of this section,
respectively.
(C) The engine manufacturer must produce and assemble the test en-
gines using its normal production and assembly process for engines to be
distributed into commerce.
(D) No quality control, testing, or assembly procedures may be used
on any test engine or any portion thereof, including parts and subassem-
blies, that have not been or will not be used during the production and as-
sembly of all other engines of that family, unless the Executive Officer
approves the modification.
(2) Calculation of the Cumulative Sum Statistic.
(A) Each engine manufacturer must review the test results obtained in
paragraph (c)(1) using the following procedure:
(i) Engine manufacturers must construct the following Cumulative
Sum Equation for each regulated pollutant for each engine family. Test
results used to calculate the variables in the Cumulative Sum Equation
must be final deteriorated test results as defined in paragraph (c)(3)(C).
where:
Ci
= The current Cumulative Sum statistic
= The previous Cumulative Sum statistic. Prior to any test-
ing, the Cumulative Sum statistic = 0 (i.e., Co = 0)
X; = The current emission test result for an individual engine
FELjx = Family Emission Limit
F = 0.25 x o
After each test, Q is compared to the action limit, H, the quantity that
the Cumulative Sum statistic must exceed, in two (2) consecutive tests,
before the engine family may be determined to be in noncompliance
for purposes of paragraphs (a)(2)(A)(iv) and (a)(2)(A)(v).
H = The Action Limit. It is 5.0 x o, and is a function of the
standard deviation, o.
a = The sample standard deviation and is recalculated after
each test.
(ii) After each engine is tested, the Cumulative Sum statistic must be
promptly updated according to the Cumulative Sum Equation in para-
graph (c)(2)(A)(i) of this section.
(iii) If, at any time during the model year, an engine manufacturer
amends the application for certification for an engine family as specified
in Part I, section 28 or 29 of the Test Procedures by performing an engine
family modification (i.e., a change such as a running change involving
a physical modification to an engine, a change in specification or setting,
the addition of a new configuration, or the use of a different deterioration
factor), all previous sample size and Cumulative Sum statistic calcula-
tions for the model year will remain unchanged.
(iv) A failed engine is one whose final deteriorated test results pur-
suant to paragraph (c)(3)(C), for a regulated pollutant exceeds the FEL
for that pollutant.
(v) An engine family may be determined to be in noncompliance if, at
any time throughout the model year, the Cumulative Sum statistic, Cj, for
a regulated pollutant is greater than the action limit, H, for two (2) consec-
utive tests.
(vi) The engine manufacturer must perform a minimum of two tests
per engine family per quarter, regardless of whether the conditions of
paragraph (c)(l)(B)(vi) have been met. The Executive Officer may
waive the requirement of this paragraph if the engine manufacturer does
not have a failing engine family in the prior two model years of testing.
(vii) All results from previous quarters of the same model year must
be included in the on-going Cumulative Sum analysis, provided that the
engine family has not failed (e.g., if three engines of a family were tested
in the first quarter, the first test of the second quarter would be considered
as the fourth test).
(viii) If the Cumulative Sum analysis indicates that an engine family
has failed, the engine manufacturer must notify the Chief of the Mobile
Source Operations Division, in writing and by telephone, within ten
working days. Corrective action will be taken as noted in paragraph
(c)(4)(E).
(ix) If an engine manufacturer performs corrective action on a failed
engine family and then resumes production, all previous tests will be
void, and Cumulative Sum analysis will begin again with the next test.
(B) Within 45 days after the end of the quarter, or when the Cumulative
Sum analysis indicates that a decision has been made, the engine
manufacturer must provide all the data accumulated during the quarter.
(3) Calculation and Reporting of Test Results.
(A) Initial test results are calculated following the applicable test pro-
cedure specified in the Test Procedures.
(B) Final test results are calculated by summing the initial test results
derived in paragraph (A) for each test engine and dividing by the number
of tests conducted on the engine.
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§2446
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(C) The final deteriorated test results for each test engine are calcu-
lated by applying the appropriate deterioration factors, derived in the cer-
tification process for the engine family, to the final test results, and
rounding in accordance with ASTM E29-93a, incorporated by reference
herein, to the same number of decimal places contained in the applicable
standard expressed to one additional significant figure.
(D) If, at any time during the model year, the Cumulative Sum statistic
exceeds the applicable action limit, H, in two (2) consecutive tests, the
engine family may be determined to be in noncompliance and the engine
manufacturer must notify the Chief of the Mobile Source Operations Di-
vision and the Manager of the New Vehicle Audit Section, P.O. Box
8001. 9528 Telstar Avenue, El Monte, CA, 91734-8001, within ten
working days of such exceedance by the Cumulative Sum statistic.
(E) Within 45 calendar days of the end of each quarter, each engine
manufacturer must submit to the Executive Officer a report that includes
the following information:
(i) The location and description of the engine manufacturer's or oth-
er's exhaust emission test facilities that were utilized to conduct testing
reported pursuant to this section;
(ii) Total production and sample sizes, N and n, for each engine family;
(iii) The applicable emissions standards for each engine family;
(iv) A description of the process to obtain engines on a random basis;
(v) A description of the test engines or equipment (i.e., date of test, en-
gine family, engine size, engine or equipment identification number, fuel
system, dynamometer power absorber setting in horsepower or kilo-
watts, engine code or calibration number, and test location);
(vi) The date of the end of the engine manufacturer's model year pro-
duction for each engine family;
(vii) For each test conducted,
a. A description of the test engine, including:
1 . Configuration and engine family identification,
2. Year, make, and build date,
3. Engine identification number and explanation of the identification
code, and
4. Number of hours of service accumulated on engine prior to testing;
b. Location where service accumulation was conducted and descrip-
tion of accumulation procedure and schedule;
c. Test number, date, test procedure used, initial test results before and
after rounding, and final test results for all exhaust emission tests, wheth-
er valid or invalid, and the reason for invalidation, if applicable;
d. The exhaust emission data for CO, NOx and HC for each test engine
or watercraft. The data reported must provide two (2) significant figures
beyond the number of significant figures in the applicable emission stan-
dard.
e. The retest emissions data, as described in paragraph (b)(4)(B)(vi) of
this section, for any engine or watercraft failing the initial test, and de-
scription of the corrective measures taken, including specific compo-
nents replaced or adjusted.
f. A complete description of any adjustment, modification, repair,
preparation, maintenance, and/or testing that was performed on the test
engine, was not reported pursuant to any other part of this article, and will
not be performed on all other production engines;
g. A Cumulative Sum analysis, as required in paragraph (c)(2)(A)(i)
of this section, of the production line test results for each engine family;
h. Any other information the Executive Officer may request relevant
to the determination whether the new engines being manufactured by the
engine manufacturer do in fact conform with the regulations with respect
to which the Executive Order was issued;
(viii) For each failed engine as defined in paragraph (vii)d., above, a
description of the remedy and test results for all retests;
(ix) Every aborted test data and reason for the aborted test;
(x) The start and stop dates of batch-produced engine family produc-
tion; and
(xi) The required information for all engine families in production dur-
ing the quarter regardless of sample size.
(F) Each engine manufacturer must submit a copy of the report that has
been stored (e.g., computer disc), or may be transmitted, in an electroni-
cally digitized manner, and in a format that is specified by the Executive
Officer. This electronically based submission is in addition to the written
submission of the report.
(d) Test Procedures Applicable to All Production-Line and Selective
Enforcement Audit Testing.
(1) Standards and Test Procedures. The emission standards are those
specified in Section 2442. The exhaust sampling and analytical proce-
dures are those described in the Test Procedures. An engine is in com-
pliance with the production-line or selective enformement audit stan-
dards and test procedures only when all portions of the production-line
or selective enforcement audit test procedures and requirements speci-
fied in Part IV of the Test Procedures are fulfilled, except that any adjust-
able engine parameters must be set to any value or position that is within
the range available to the ultimate purchaser.
(2) Air Resources Board (ARB) personnel and mobile laboratories
must have access to engine or equipment assembly plants, distribution
facilities, and test facilities for the purpose of engine selection, testing,
and observation. Scheduling of access must be arranged with the desig-
nated engine manufacturer's representative and must not unreasonably
disturb normal operations (See section 31 of the Test Procedures).
(3) Engine Preparation and Preconditioning.
(A) No emissions tests may be performed on an engine before the first
production-line test or selective enforcement audit test on that engine.
(B) The engine or watercraft must be tested after the engine manufac-
turer's recommended break-in period. The engine manufacturer must
submit to the Executive Officer the schedule for engine break-in and any
changes to the schedule with each quarterly report. This schedule must
be adhered to for all production-line testing, or as required by the Execu-
tive Officer for selective enforcement audit testing, within an engine
family and subgroup or engine family and assembly plant as appropriate.
(C) If an engine or watercraft is shipped to a remote facility for produc-
tion-line or selective enforcement audit testing, and adjustment or repair
is necessary because of such shipment, the engine manufacturer must
perform the necessary adjustments or repairs only after the initial test of
the engine or watercraft. Engine manufacturers must report to the Execu-
tive Officer in the quarterly report for all production-line testing, or as
required by the Executive Officer for selective enforcement audit testing,
all adjustments or repairs performed on engines or watercraft prior to
each test. In the event a retest is performed, a request may be made to the
Executive Officer, within ten days of the production quarter, for permis-
sion to substitute the after-repair test results for the original test results.
The Executive Officer will either affirm or deny the request by the engine
manufacturer within ten working days from receipt of the request.
(D) If an engine manufacturer determines that the emission test results
of an engine or watercraft are invalid, the engine or equipment must be
retested. Emission results from all tests must be reported. The engine
manufacturer must include a detailed report on the reasons for each inval-
idated test in the quarterly report for all production-line testing, or as re-
quired by the Execurive Officer for selective enforcement audit testing.
(4) Manufacturer Notification of Failure.
(A) The Executive Officer will notify the engine manufacturer that the
engine manufacturer may be subject to revocation or suspension of the
Executive Order authorizing sales and distribution of the noncompliant
engines in the State of California of the noncompliant engines in the State
of California pursuant to section 43017 of the Health and Safety Code.
Prior to revoking or suspending the Executive Order, or seeking to enjoin
an engine manufacturer, the Executive Officer will consider all informa-
tion provided by the engine manufacturer, and other interested parties,
including, but not limited to corrective actions applied to the noncom-
pliant engine family.
(B) The Executive Officer will notify the equipment manufacturer that
the equipment manufacturer may be subject to revocation or suspension
of the Executive Order or penalized pursuant to section 43017 of the
•
Page 298.40
Register 2006, No. 46; 11-17-2006
Title 13
Air Resources Board
§2446
Health and Safety Code. Prior to revoking or suspending the Executive
Order, or penalizing an equipment manufacturer, the Executive Officer
will consider all information provided by interested parties, including,
but not limited to corrective actions applied to the noncompliant engine
family.
(5) Suspension and Revocation of Executive Orders.
(A) The Executive Order is automatically suspended with respect to
any engine failing pursuant to paragraph (b)(3)(D) or (c)(2)(A)(iv) or
whose test results for a regulated pollutant exceed the emission standards
effective from the time that testing of that engine is completed.
(B) The Executive Officer may suspend the Executive Order for an en-
gine family that is determined to be in noncompliance pursuant to para-
graphs (b)(3)(C) or (c)(2)(A)(v). This suspension will not occur before
fifteen (15) days after the engine family is determined to be in noncom-
pliance.
(C) If the results of testing pursuant to these regulations indicate that
engines of a particular family produced at one plant of an engine
manufacturer do not conform to the regulations with respect to which the
Executive Order was issued, the Executive Officer may suspend the
Executive Order with respect to that family for engines manufactured by
the engine manufacturer at all other plants.
(D) Notwithstanding the fact that engines described in the application
for certification may be covered by an Executive Order, the Executive
Officer may suspend such Executive Order immediately in whole or in
part if the Executive Officer finds any one of the following infractions to
be substantial:
(i) The engine manufacturer refuses to comply with any of the require-
ments of this section.
(ii) The engine manufacturer submits false or incomplete information
in any report or information provided to the Executive Officer under this
section.
(iii) The engine manufacturer renders inaccurate any test data sub-
mitted under this section.
(iv) An ARB enforcement officer is denied the opportunity to conduct
activities authorized in this section.
(v) An ARB enforcement officer is unable to conduct activities autho-
rized in paragraph (d)(2) of this section because an engine manufacturer
has located its facility in a foreign jurisdiction where local law prohibits
those activities.
(E) The Executive Officer will notify the engine manufacturer in writ-
ing of any suspension or revocation of an Executive Order in whole or
in part. A suspension or revocation is effective upon receipt of the notifi-
cation or fifteen (15) days from the time an engine family is determined
to be in noncompliance pursuant to paragraph (d)(1), except that the
Executive Order is immediately suspended with respect to any failed en-
gines as provided for in paragraph (b)(3)(D) or (c)(2)(iv) of this section.
(F) The Executive Officer may revoke an Executive Order for an en-
gine family after the Executive Order has been suspended pursuant to
paragraphs (d)(5)(B) or (C) of this section if the proposed remedy for the
nonconformity, as reported by the engine manufacturer to the Executive
Officer, is one requiring a design change or changes to the engine and/or
emission control system as described in the application for certification
of the affected engine family.
(G) Once an Executive Order has been suspended for a failed engine,
as provided for in paragraph (d)(5)(A) of this section, the engine
manufacturer must take the following actions before the Executive Order
is reinstated for that failed engine:
(i) Remedy the nonconformity;
(ii) Demonstrate that the engine conforms to its applicable FEL by re-
testing the engine in accordance with these regulations; and
(iii) Submit a written report to the Executive Officer, after successful
completion of testing on the failed engine, that contains a description of
the remedy and test results for each engine in addition to other informa-
tion that may be required by this part.
(H) Once an Executive Order for a failed engine family has been sus-
pended pursuant to paragraphs (d)(5)(B), (C) or (D) of this section, the
engine manufacturer must take the following actions before the Execu-
tive Officer will consider reinstating the Executive Order:
(i) Submit a written report to the Executive Officer that identifies the
reason for the noncompliance of the engines, describes the proposed
remedy, including a description of any proposed quality control and/or
quality assurance measures to be taken by the engine manufacturer to
prevent future occurrences of the problem, and states the date on which
the remedies will be implemented.
(ii) Demonstrate that the engine family for which the Executive Order
has been suspended does in fact comply with the regulations of para-
graphs (b) or (c), as applicable, by testing as many engines as needed so
that the Cumulative Sum statistic, as calculated in paragraph (c)(2)(A)(i),
falls below the action limit, or the average emissions from the Quality-
Audit testing as calculated in paragraph (b)(3)(A) remains below the
FEL, as applicable. Such testing must comply with the provisions of
paragraphs (b) or (c), as applicable. If the engine manufacturer elects to
continue testing individual engines after suspension of an Executive Or-
der, the Executive Order is reinstated for any engine actually determined
to be in conformance with the emission standards through testing in ac-
cordance with the applicable test procedures, provided that the Executive
Officer has not revoked the Executive Order pursuant to paragraph
(d)(5)(F) of this section.
(I) Once the Executive Order has been revoked for an engine family,
if the engine manufacturer wants to introduce into commerce a modified
version of that family, the following actions must be taken before the
Executive Officer may issue an Executive Order for that modified fami-
ly:
(i) If the Executive Officer determines that the proposed change(s) in
engine design may have an effect on emission performance deterioration,
the Executive Officer will notify the engine manufacturer, within five (5)
working days after receipt of the report in paragraph (d)(5)(H)(i) of this
section, whether subsequent testing under this section will be sufficient
to evaluate the proposed change or changes or whether additional testing
will be required; and
(ii) After implementing the change or changes intended to remedy the
nonconformity, the engine manufacturer must demonstrate that the mo-
dified engine family does in fact conform with the regulations of para-
graphs (b) or (c), as applicable, by testing as many engines as needed
from the modified engine family so that the Cumulative Sum statistic, as
calculated in paragraph (c)(2)(A)(i), falls below the action limit, or the
average emissions from the Quality-Audit testing as calculated in para-
graph (b)(3)(A) remains below the FEL, as applicable. When this re-
quirement is met, the Executive Officer will reissue the Executive Order
or issue a new Executive Order, as the case may be, to include that family.
The revocation of engine family executive orders issued based on Cumu-
lative Sum testing results remains in effect as long as the Cumulative Sum
statistic remains above the action limit.
(J) At any time after the suspension of an Executive Order for a test
engine under to paragraph (d)(5)(A)of this section, but not later than fif-
teen (15) days (or such longer period as may be allowed by the Executive
Officer) after notification of the Executive Officer's decision to suspend
or revoke an Executive Order in whole or in part pursuant to paragraphs
(d)(5)(B), ( C) or (F) of this section, an engine manufacturer may request
a hearing pursuant to subchapter 1.25, Title 17, California Code of Regu-
lations, as to whether the tests have been properly conducted or any sam-
pling methods have been properly applied.
(K) Any suspension of an Executive Order under paragraph (d)(5)(D)
of this section:
(i) must be made only after the engine manufacturer concerned has
been offered an opportunity for a hearing pursuant to subchapter 1.25,
Title 17, California Code of Regulations, and;
(ii) does not apply to engines no longer in the possession of the engine
manufacturer.
(L) After the Executive Officer suspends or revokes an Executive Or-
der pursuant to this section and before the commencement of a hearing,
if the engine manufacturer demonstrates to the Executive Officer's satis-
Page 298.41
Register 2006, No. 46; 11-17-2006
§2446
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
faction that the decision to suspend or revoke the Executive Order was
based on erroneous information, the Executive Officer will reinstate the
Executive Order.
(M) To permit an engine manufacturer to avoid storing non-test en-
gines while conducting subsequent testing of the noncomplying family,
an engine manufacturer may request that the Executive Officer condi-
tionally reinstate the Executive Order for that family. The Executive Of-
ficer may reinstate the Executive Order subject to the following condi-
tion: the engine manufacturer must commit to recall all engines of that
family produced from the time the Executive Order is conditionally rein-
stated, and must commit to remedy any nonconformity at no expense to
the owner.
(e) Selective Enforcement Auditing Regulations.
(1) Test Orders.
(A) A test order addressed to the engine manufacturer is required for
any testing under paragraph (e).
(B) The test order is signed by the Executive Officer or his or her desig-
nee. The test order must be delivered in person by an ARB enforcement
officer or ARB authorized representative to a company representative or
sent by registered mail, return receipt requested, to the engine manufac-
turer's representative who signed the application for certification sub-
mitted by the engine manufacturer, pursuant to the requirements of the
applicable portions of Title 13, California Code of Regulations, section
2447. Upon receipt of a test order, the engine manufacturer must comply
with all of the provisions of this subsection and instructions in the test or-
der.
(C) Information included in test order.
(i) The test order will specify the engine family to be selected for test-
ing, the engine manufacturer's engine assembly plant or associated stor-
age facility or port facility (for imported engines) from which the engines
must be selected, the time and location at which engines must be selected,
and the procedure by which engines of the specified family must be se-
lected. The test order may specify the configuration to be audited and/or
the number of engines to be selected per day. Engine manufacturers are
required to select a minimum of four engines per day unless an alternate
selection procedure is approved pursuant to paragraph (e)(2)(A), or un-
less total production of the specified configuration is less than four en-
gines per day. If total production of the specified configuration is less
than four engines per day, the engine manufacturer selects the actual
number of engines produced per day.
(ii) The test order may include alternate families to be selected for test-
ing at the Executive Officer's discretion in the event that engines of the
specified family are not available for testing because those engines are
not being manufactured during the specified time or are not being stored
at the specified assembly plant, associated storage facilities, or port of
entry.
(iii) If the specified family is not being manufactured at a rate of at least
two (2) engines per day in the case of engine manufacturers specified in
paragraph (e)(4)(G)(i) of this section, or one engine per day in the case
of engine manufacturers specified in paragraph (e)(4)(G)(ii) of this sec-
tion, over the expected duration of the audit, the Executive Officer or her
or his designated representative may select engines of the alternate fami-
ly for testing.
(iv) In addition, the test order may include other directions or informa-
tion essential to the administration of the required testing.
(D) An engine manufacturer may submit a list of engine families and
the corresponding assembly plants, associated storage facilities, or (in
the case of imported engines) port facilities from which the engine
manufacturer prefers to have engines selected for testing in response to
a test order. In order that an engine manufacturer's preferred location be
considered for inclusion in a test order for a particular engine family, the
list must be submitted prior to issuance of the test order. Notwithstanding
the fact that an engine manufacturer has submitted the list, the Executive
Officer may order selection at other than a preferred location.
(E) Upon receipt of a test order, an engine manufacturer must proceed
in accordance with the provisions of paragraph (e).
(2) Testing by the Executive Officer.
(A) The Executive Officer may require by test order under paragraph
(e)( 1) that engines of a specified family be selected in a manner consis-
tent with the requirements of paragraph (e)(3) and submitted to the
Executive Officer at the place designated for the purpose of conducting
emission tests. These tests will be conducted in accordance with para-
graph (e)(4) to determine whether engines manufactured by the engine
manufacturer conform with the regulations with respect to which the cer-
tificate of conformity was issued.
(B) Designating official data.
(i) Whenever the Executive Officer conducts a test on a test engine or
the Executive Officer and engine manufacturer each conduct a test on the
same test engine, the results of the Executive Officer's test are the official
data for that engine.
(ii) Whenever the engine manufacturer conducts all tests on a test en-
gine, the engine manufacturer's test data are accepted as the official data,
provided that if the Executive Officer makes a determination based on
testing conducted under paragraph (e)(2)(A) of this section that there is
a substantial lack of agreement between the engine manufacturer's test
results and the Executive Officer's test results, no engine manufacturer's
test data from the engine manufacturer's test facility will be accepted for
purposes of this subsection.
(C) If testing conducted under paragraph (e)(1) is unacceptable under
paragraph (B)(ii) of this subsection, the Executive Officer must:
(i) Notify the engine manufacturer in writing of the Executive Offi-
cer's determination that the test facility is inappropriate for conducting
the tests required by this subsection and the reasons therefor; and
(ii) Reinstate any engine manufacturer's data upon a showing by the
engine manufacturer that the data acquired under paragraph (e)(2) were
erroneous and the engine manufacturer's data was correct.
(D) The engine manufacturer may request in writing that the Executive
Officer reconsider the determination in paragraph (B)(ii) of this section
based on data or information indicating that changes have been made to
the test facility and these changes have resolved the reasons for disquali-
fication.
(3) Sample selection.
(A) Engines comprising a test sample will be selected at the location
and in the manner specified in the test order. If an engine manufacturer
determines that the test engines cannot be selected in the manner speci-
fied in the test order, an alternative selection procedure may be
employed, provided the engine manufacturer requests approval of the al-
ternative procedure before starting test sample selection, and the Execu-
tive Officer approves the procedure.
(B) The engine manufacturer must produce and assemble the test en-
gines of the family selected for testing using its normal production and
assembly process for engines to be distributed into commerce. If, be-
tween the time the engine manufacturer is notified of a test order and the
time the engine manufacturer finishes selecting test engines, the engine
manufacturer implements any change(s) in its production or assembly
processes, including quality control, which may reasonably be expected
to affect the emissions of the engines selected, then the engine manufac-
turer must, during the audit, inform the Executive Officer of such
changes. If the test engines are selected at a location where they do not
have their operational and emission control systems installed, the test or-
der will specify the manner and location for selection of components to
complete assembly of the engines. The engine manufacturer must as-
semble these components onto the test engines using normal assembly
and quality control procedures as documented by the engine manufactur-
er.
(C) No quality control, testing, or assembly procedures will be used
on the test engine or any portion thereof, including parts and subassem-
blies, that have not been or will not be used during the production and as-
•
Page 298.42
Register 2006, No. 46; 11-17-2006
Title 13
Air Resources Board
§2446
•
•
sembly of all other engines of that family, unless the Executive Officer
approves the modification in production or assembly procedures pur-
suant to paragraph (B) of this subsection.
(D) The test order may specify that an ARB enforcement officer(s) or
authorized representative(s), rather than the engine manufacturer, select
the test engines according to the method specified in the test order.
(E) The order in which test engines are selected determines the order
in which test results are to be used in applying the sampling plan in accor-
dance with paragraph (e)(5).
(F) The engine manufacturer must keep on hand all untested engines,
if any, comprising the test sample until a pass or fail decision is reached
in accordance with paragraph (e)(5)(E). The engine manufacturer may
ship any tested engine which has not failed the requirements as set forth
in paragraph (e)(5)(B). However, once the engine manufacturer ships
any test engine, it may not conduct retests as provided in paragraph
(e)(4)(I).
(4) Test procedures.
(A)(i) For spark-ignition marine engines subject to the provisions of
this subsection, the prescribed test procedures are the test procedures as
specified in Part IV of the Test Procedures.
(ii) The Executive Officer may, on the basis of a written application
by an engine manufacturer, prescribe test procedures other than those
specified in paragraph (i) for any spark-ignition marine engine he or she
determines is not susceptible to satisfactory testing using the procedures
specified in paragraph (i).
(B)(i) The engine manufacturer may not adjust, repair, prepare, or
modify the engines selected for testing and may not perform any emis-
sion tests on engines selected for testing pursuant to the test order unless
this adjustment, repair, preparation, modification, and/or tests are docu-
mented in the engine manufacturer's engine assembly and inspection
procedures and are actually performed or unless these adjustments and/
or tests are required or permitted under this subsection or are approved
in advance by the Executive Officer.
(ii) The Executive Officer may adjust or cause to be adjusted any en-
gine parameter that the Executive Officer determines subject to adjust-
ment for certification and Selective Enforcement Audit testing in accor-
dance with Part I, section 1 8 of the Test Procedures, to any setting within
the physically adjustable range of that parameter, as determined by the
Executive Officer in accordance with section 18, prior to the perfor-
mance of any tests. However, if the idle speed parameter is one which the
Executive Officer has determined to be subject to adjustment, the Execu-
tive Officer may not adjust it to any setting that causes a lower engine idle
speed than would have been possible within the physically adjustable
range of the idle speed parameter if the engine manufacturer had accumu-
lated 12 hours of service on the engine under paragraph (C) of this sec-
tion, all other parameters being identically adjusted for the purpose of the
comparison. The engine manufacturer may be requested to supply in-
formation needed to establish an alternate minimum idle speed. The
Executive Officer, in making or specifying these adjustments, may con-
sider the effect of the deviation from the engine manufacturer's recom-
mended setting on emission performance characteristics as well as the li-
kelihood that similar settings will occur on in-use engines. In
determining likelihood, the Executive Officer may consider factors such
as, but not limited to, the effect of the adjustment on engine performance
characteristics and information from similar in-use engines.
(C) Service Accumulation. Before performing exhaust emission test-
ing on a selective enforcement audit test engine, the engine manufacturer
may accumulate on each engine a number of hours of service equal to the
greater of 12 hours or the number of hours the engine manufacturer accu-
mulated during certification on the emission data engine corresponding
to the family specified in the test order.
(i) Service accumulation must be performed in a manner using good
engineering judgment to obtain emission results representative of normal
production engines. This service accumulation must be consistent with
the new engine break-in instructions contained in the applicable owner's
manual.
(ii) The engine manufacturer must accumulate service at a minimum
rate of 6 hours per engine during each 24-hour period, unless otherwise
approved by the Executive Officer.
a.. The first 24-hour period for service begins as soon as authorized
checks, inspections, and preparations are completed on each engine.
b. The minimum service accumulation rate does not apply on week-
ends or holidays.
c. If the engine manufacturer's service or target is less than the mini-
mum rate specified (6 hours per day), then the minimum daily accumula-
tion rate is equal to the engine manufacturer's service target.
(iii) Service accumulation must be completed on a sufficient number
of test engines during consecutive 24-hour periods to assure that the
number of engines tested per day fulfills the requirements of paragraphs
(G)(i) and (G)(ii) below.
(D) The engine manufacturer may not perform any maintenance on
test engines after selection for testing, nor may the Executive Officer al-
low deletion of any engine from the test sequence, unless requested by
the engine manufacturer and approved by the Executive Officer before
any engine maintenance or deletion.
(E) The engine manufacturer must expeditiously ship test engines
from the point of selection to the test facility. If the test facility is not lo-
cated at or in close proximity to the point of selection, the engine
manufacturer must assure that test engines arrive at the test facility within
24 hours of selection. The Executive Officer may approve more time for
shipment based upon a request by the engine manufacturer accompanied
by a satisfactory justification.
(F) If an engine cannot complete the service accumulation or an emis-
sion test because of a malfunction, the engine manufacturer may request
that the Executive Officer authorize either the repair of that engine or its
deletion from the test sequence.
(G) Whenever an engine manufacturer conducts testing pursuant to a
test order issued under this subsection, the engine manufacturer must
notify the Executive Officer within one working day of receipt of the test
order as to which test facility will be used to comply with the test order.
If no test cells are available at a desired facility, the engine manufacturer
must provide alternate testing capability satisfactory to the Executive Of-
ficer.
(i) An engine manufacturer with projected spark-ignition marine en-
gine sales for the California market for the applicable year of 20 or greater
must complete emission testing at a minimum rate of two (2) engines per
24-hour period, including each voided test.
(ii) An engine manufacturer with projected spark-ignition marine en-
gine sales for the California market for the applicable year of less than
20 must complete emission testing at a minimum rate of one engine per
24-hour period, including each voided test.
(iii) The Executive Officer may approve a lower daily rate of emission
testing based upon a request by an engine manufacturer accompanied by
a satisfactory justification.
(H) The engine manufacturer must perform test engine selection, ship-
ping, preparation, service accumulation, and testing in such a manner as
to assure that the audit is performed in an expeditious manner.
(I) Retesting.
(i) The engine manufacturer may retest any engines tested during a Se-
lective Enforcement Audit once a fail decision for the audit has been
reached in accordance with paragraph (e)(5)(E).
(ii) The Executive Officer may approve retesting at other times based
upon a request by the engine manufacturer accompanied by a satisfactory
justification.
(iii) The engine manufacturer may retest each engine a total of three
times. The engine manufacturer must test each engine or vehicle the same
number of times. The engine manufacturer may accumulate additional
service before conducting a retest, subject to the provisions of paragraph
(C) of this paragraph (4).
(J) An engine manufacturer must test engines with the test procedure
specified in Part IV of the Test Procedures to demonstrate compliance
Page 298.43
Register 2006, No. 46; 11-17-2006
§2446
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
with the exhaust emission standard (or applicable FEL) for HC+NOx. If
alternate procedures were used in certification pursuant to Part 1 , section
20(c) of the Test Procedures, then those alternate procedures must be
used.
(5) Compliance with acceptable quality level and passing and failing
criteria for selective enforcement audits.
(A) The prescribed acceptable quality level is 40 percent.
(B) A failed engine is one whose final test results for HC+NOx pur-
suant to paragraph (b)(3)(D) or (c)(2)(iv), as applicable, exceed the appli-
cable family emission level or whose test results for a regulated pollutant
exceed the emission standards.
(C) The engine manufacturer must test engines comprising the test
sample until a pass or fail decision is reached for HC+NOx. A pass deci-
sion is reached when the cumulative number of failed engines, as defined
in paragraph (B), for HC+NOx is less than or equal to the pass decision
number, as defined in paragraph (D), appropriate to the cumulative num-
ber of engines tested. A fail decision is reached when the cumulative
number of failed engines for HC+NOx is greater than or equal to the fail
decision number, as defined in paragraph (D), appropriate to the cumula-
tive number of engines tested.
(D) The pass and fail decision numbers associated with the cumulative
number of engines tested are determined by using the tables in Appendix
A to this subsection (e), "Sampling Plans for Selective Enforcement Au-
diting of Spark-Ignition Marine Engines," appropriate to the projected
sales as made by the engine manufacturer in its report to ARB under para-
graph (b)(4) or (c)(3)(A). In the tables in Appendix A to this subsection,
sampling plan "stage" refers to the cumulative number of engines tested.
Once a pass or fail decision has been made for HC+NOx, the number of
engines with final test results exceeding the emission standard for
HC+NOx shall not be considered any further for the purposes of the audit.
(E) Passing or failing a selective enforcement audit occurs when the
decision is made on the last engine required to make a decision under
paragraph (C).
(F) The Executive Officer may terminate testing earlier than required
in paragraph (C) upon either a manufacturers' or Executive Officer's ad-
mission that further testing would not change the pass/fail decision.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and
43104, Health and Safety Code. Reference: Sections 4301 3, 43017, 4301 8, 43101 ,
43 102, 43 104, 43 105, 43 150-43 154, 43205. 5 and 432 10-432 12, Health and Safe-
ty Code.
History
1. New section and appendix (tables 1-6) filed 12-8-99; operative 1-7-2000
(Register 99, No. 50).
2. Amendment of section heading and section filed 7-22-2002; operative
8-21-2002 (Register 2002, No. 30).
3. Amendment of subsection (a) filed 1 1-1 3-2006; operative 12-13-2006 (Regis-
ter 2006, No. 46).
Appendix to Paragraph (e) of Section 2446 — Sampling
Plans for Selective Enforcement Auditing of Spark-Ignition
Marine Engines
Table 1 . — Sampling Plan Code Letter
Annual engine family sales (in California) Code letter
20-50 AA.1
20-99 A.
100-299 B.
300-499 C.
500 or greater D.
Table 2. — Sampling Plan for Code Letter "AA"
[Sample inspection criteria]
Staqe
Pass No.
Fail, No.
Stage
Pass No.
Fail No.
1
(!}
$
11
4
8
9
(])
$
12
4
9
3
0
0
13
5
9
4
0
(2)
14
5
10
5
1
5
15
6
10
6
1
6
16
6
10
7
2
6
17
7
10
8
2
7
18
8
10
9
3
7
19
8
10
10
3
8
20
9
10
1 Test sample passing not permitted at this stage.
2 Test sample failure not permitted at this stage.
Table 3. — Sampling Plan for Code Letter "A'
[Sample inspection criteria]
Stage
Pass No.
Fail No.
Stage
Pass No.
Fail No.
1
<!>
<?
16
6
11
2
0
0
17
1
12
3
0)
0
18
1
12
4
0
0
19
8
13
5
0
(2)
20
8
13
6
1
6
21
9
14
7
1
7
22
10
14
8
9
7
23
10
15
9
2
8
24
11
15
10
3
8
25
11
16
11
3
8
26
12
16
12
4
9
27
12
17
13
5
10
28
13
17
14
5
10
29
14
17
15
6
11
30
16
17
1 Test sample passing not permitted at this stage.
2 Test sample failure not permitted at this stage.
Table 4. — Sampling Plan for Code Letter "B"
[Sample inspection criteria]
] An engine manufacturer may use either the sampling plan for code letter "AA"
or sampling plan for code letter "A" for Selective Enforcement Audits of engine
families with annual sales between 20 and 50 engines. Additionally, the engine
manufacturer may switch between these plans during the audit.
Stage
Pass No.
Fail No.
Staqe
Pass No.
Fail No.
1
<!>
&
21
9
14
2
0
e
22
9
15
3
0
e
23
10
15
4
0)
fy
24
10
16
5
0
(2)
25
11
16
6
0
6
26
11
17
7
1
7
27
12
17
8
2
7
28
12
18
9
2
8
29
13
18
10
3
9
30
13
19
11
3
9
31
14
19
12
4
10
32
14
20
13
4
10
33
15
20
14
5
11
34
16
21
15
5
11
35
16
21
16
6
12
36
17
22
17
6
12
37
17
22
18
7
13
38
18
22
19
7
13
39
18
22
20
8
14
40
21
22
1 Test sample passing not permitted at this stage.
2 Test sample failure not permitted at this stage.
Page 298.44
Register 2006, No. 46; 11-17-2006
Title 13
Air Resources Board
§2449
Table 5. — Sampling Plan for Code Letter "C"
[Sample inspection criteria]
Stcn>e
Pass No.
Fail No.
Stage
Pass No.
Fa/7 No.
1
(!>
0
26
11
17
2
o
0
27
12
17
3
C)
()
28
12
18
4
o
#
29
13
18
5
0
(2)
30
13
19
6
0
6
31
14
19
7
1
7
32
14
20
8
2
7
33
15
20
9
2
8
34
16
21
10
3
9
35
16
21
11
3
9
36
17
22
12
4
10
37
17
22
13
4
10
38
18
23
14
5
11
39
18
23
15
5
11
40
19
24
16
6
12
41
19
24
17
6
12
42
20
25
18
7
13
43
20
25
19
7
13
44
21
26
20
8
14
45
21
27
21
8
14
46
22
27
22
9
15
47
22
27
23
10
15
48
23
27
24
10
16
49
23
27
25
11
16
50
26
27
1 Test sample passing not permitted at this stage.
! Test sample failure not permitted at this stage.
Table 6. — Sampling Plan for Code Letter "D"
[Sample inspection criteria]
Stage
Pass No.
Fail No.
Stage
Pass No.
Fail No.
1
(!}
0
31
14
20
2
(>
0
32
14
20
3
0
0
33
15
21
4
c1)
0
34
15
21
5
0
(2)
35
16
22
6
0
6
36
16
22
7
1
7
37
17
23
8
2
8
38
17
23
9
2
8
39
18
24
10
3
9
40
18
24
11
3
9
41
19
25
12
4
10
42
19
26
13
4
10
43
20
26
14
5
11
44
21
27
15
5
11
45
21
27
16
6
12
46
22
28
17
6
12
47
22
28
18
7
13
48
23
29
19
7
13
49
23
29
20
8
14
50
24
30
21
8
14
51
24
30
22
9
15
52
25
31
23
9
15
53
25
31
24
10
16
54
26
32
25
11
16
55
26
32
26
11
17
56
27
33
27
12
17
57
27
33
28
12
18
58
28
33
29
13
19
59
28
33
30
13
19
60
32
33
1 Test sample passing not permitted at this stage.
2 Test sample failure not permitted at this stage.
§ 2447. California Exhaust Emission Standards and Test
Procedures for 2001 Model Year and Later
Spark-Ignition Marine Engines.
Test Procedures referred to in this chapter may be obtained from the
State Air Resources Board at P.O. Box 8001 , 9528 Telstar Avenue, El
Monte, California 91734-8001.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and
43104, Health and Safety Code. Reference: Sections 4301 3, 4301 7, 4301 8, 43 1 01 ,
43102, 43104, 43105, 43150-43154, 43205.5 and 43210-43212, Health and Safe-
ty Code.
History
1. New section filed 12-8-99; operative 1-7-2000 (Register 99, No. 50).
§ 2448. Sunset Review of the California Regulations for
2001 and Later Model Year Spark-Ignition
Marine Engines.
Within five years from the effective date of adoption or date of imple-
mentation, whichever comes later, the Air Resources Board, in consulta-
tion with the Secretary for Environmental Protection, shall review the
provisions of this Article to determine whether they should be retained,
revised or repealed.
NOT];: Authority cited: Sections 39600, 39601, 43013 and 43018, Health and
Safety Code. Reference: Sections 39600 and 39601, Health and Safety Code.
History
1. New section filed 12-8-99; operative 1-7-2000 (Register 99, No. 50).
Article 4.8. In-Use Off-Road Diesel-Fueled
Fleets
§ 2449. General Requirements for In-Use Off-Road
Diesel-Fueled Fleets.
(a) Purpose
The purpose of this regulation is to reduce diesel particulate matter
(PM) and criteria pollutant emissions from in-use off-road diesel-fueled
vehicles.
(b) Applicability
Except as provided in the paragraphs below, the regulation applies to
any person, business, or government agency who owns or operates with-
in California any diesel-fueled or alternative diesel fueled off-road com-
pression ignition vehicle engine with maximum power of 25 horsepower
(hp) or greater that is used to provide motive power in a workover rig or
to provide motive power in any other motor vehicle that (1) cannot be
registered and driven safely on-road or was not designed to be driven on-
road, and (2) is not an implement of husbandry or recreational off-high-
way vehicle. Vehicles that were designed to be driven on-road, have on-
road engines, and still meet the original manufacturer's on-road engine
emission certification standard are considered on-road and are specifi-
cally excluded from this regulation, even if they have been modified so
that they cannot be registered and driven safely on-road. Off-road ve-
hicles that were designed for off-road use and have off-road engines are
considered off-road and are subject to this regulation, even if they have
been modified so that they can be driven safely on-road.
This regulation also applies to any person who sells a vehicle with such
an engine within California.
Persons who provide financing in the form of "finance leases," as de-
fined in California Uniform Commercial Code Section 10103(a)(7), for
in-use off-road diesel-fueled vehicles, do not "own" such vehicles for
the purposes of this regulation.
Vehicles with engines subject to this regulation are used in construc-
tion, mining, rental, government, landscaping, recycling, landfilling,
manufacturing, warehousing, ski industry, composting, airport ground
support equipment, industrial, and other operations. The regulation does
not cover locomotives, commercial marine vessels, marine engines, rec-
reational vehicles, or combat and tactical support equipment. The regula-
tion also does not cover stationary or portable equipment, equipment or
vehicles used exclusively in agricultural operations, or equipment al-
ready subject to the Regulation for Mobile Cargo Handling Equipment
at Ports and Intermodal Rail Yards. Off-road diesel vehicles owned and
operated by an individual for personal, non-commercial, and non-gov-
ernmental purposes are exempt from the provisions of this regulation.
(c) Definitions
(1) "Agricultural operations" means (1) the growing or harvesting of
crops from soil (including forest operations) and the raising of plants at
wholesale nurseries, but not retail nurseries), or the raising of fowl or ani-
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mals for the primary purpose of making a profit, providing a livelihood,
or conducting agricultural research or instruction by an educational insti-
tution, or (2) agricultural crop preparation services such as packing-
houses, cotton gins, nut hullers and processors, dehydrators, and feed and
grain mills. Agricultural crop preparation services include only the first
processing after harvest, not subsequent processing, canning, or other
similar activities. For forest operations, agricultural crop preparation ser-
vices include milling, peeling, producing particleboard and medium den-
sity fiberboard, and producing woody landscape materials.
For purposes of this regulation, a vehicle that is used by its owner for
both agricultural and nonagricultural operations is considered to be a ve-
hicle engaged in agricultural operations, only if over half of its annual op-
erating hours are for agricultural operations.
(2) "Airport ground support equipment" (GSE) is mobile diesel-
fueled off-road compression ignition vehicles used to service and sup-
port aircraft operations. GSE vehicles perform a variety of functions, in-
cluding but not limited to: aircraft maintenance, pushing or towing
aircraft, transporting cargo to and from aircraft, loading cargo, and bag-
gage handling. GSE vehicles include equipment types such as baggage
tugs, belt loaders, and cargo loaders.
(3) "Alternative diesel fuel" means any fuel used in a compression
ignition engine that is not a reformulated diesel fuel as defined in sections
2281 and 2282 of title 13, California Code of Regulations (CCR), and
does not require engine or fuel system modifications for the engine to op-
erate, although minor modifications (e.g., recalibration of the engine fuel
control) may enhance performance. Examples of alternative diesel fuels
include, but are not limited to, biodiesel, Fischer-Tropsch fuels, and
emulsions of water in diesel fuel. A diesel fuel containing a fuel additive
will be treated as an alternative diesel fuel unless:
(A) the additive is supplied to the vehicle or engine fuel by an on-
board dosing mechanism, or
(B) the additive is directly mixed into the base fuel inside the fuel tank
of the vehicle or engine, or
(C) the additive and base fuel are not mixed until engine fueling com-
mences, and no more additive plus base fuel combination is mixed than
required for a single fueling of a single engine or vehicle.
(4) "Alternative fuel" means natural gas, propane, ethanol, methanol,
gasoline (when used in hybrid electric vehicles only), hydrogen, electric-
ity, fuel cells, or advanced technologies that do not rely on diesel fuel.
"Alternative fuel" also means any of these fuels used in combination with
each other or in combination with other non-diesel fuels.
(5) "Best Available Control Technology" (BACT) means the exhaust
retrofit and accelerated turnover requirements in sections 2449.1(a)(2)
and 2449.2(a)(2).
(6) "Captive Attainment Area Fleet" means a fleet or an identified sub-
part of the fleet (fleet portion, consistent with section 2449(d)), in which
all of the vehicles in the fleet or fleet portion operate exclusively within
the following counties: Alpine, Colusa, Del Norte, Glenn, Humboldt,
Lake, Lassen, Mendocino, Modoc, Monterey, Plumas, San Benito, San
Luis Obispo, Santa Barbara, Santa Cruz, Shasta, Sierra, Siskiyou, Trin-
ity, Tehama, and Yuba. A fleet or identified fleet portion that operates
one or more vehicles outside the counties listed above is not a captive at-
tainment area fleet.
(7) "Carryover retrofit credit", as calculated under section
2449.2(a)(2)(A)2., means a way of tracking retrofits accomplished in ex-
cess of those required by the BACT retrofit requirements. Fleets may
take credit for such excess retrofits in order to do less retrofitting in later
years.
(8) "Carryover turnover credit", as calculated under section
2449.1(a)(2)(A)2., means a way of tracking turnover accomplished in
excess of the BACT turnover requirements. Fleets may take credit for
such excess turnover to do less turnover in later years.
(9) "Combat and Tactical Support Equipment" means equipment that
meets military specifications, is owned by the U.S. Department of De-
fense and/or the U.S. military services or its allies, and is used in combat,
combat support, combat service support, tactical or relief operations or
training for such operations.
( 1 0) "Common ownership or control" means being owned or managed
day to day by the same person, corporation, partnership, or association.
Vehicles managed by the same directors, officers, or managers, or by cor-
porations controlled by the same majority stockholders are considered to
be under common ownership or control even if their title is held by differ-
ent business entities.
(11) "Compression ignition engine" means an internal combustion en-
gine with operating characteristics significantly similar to the theoretical
diesel combustion cycle. The regulation of power by controlling fuel sup-
ply in lieu of a throttle is indicative of a compression ignition engine.
(12) "Dedicated Snow Removal Vehicle" means a vehicle that is oper-
ated exclusively to remove snow from public roads, private roads, or oth-
er paths from which snow must be cleared to allow on-road vehicle ac-
cess. Dedicated snow removal vehicles must have permanently affixed
snow removal equipment such as a snow blower or auger and may in-
clude, but are not limited to, motor graders, loaders, and snow blowers.
(13) "Diesel fuel" has the same meaning as defined in title 13, CCR,
sections 2281 and 2282.
(14) "Diesel Particulate Filter" means an emission control strategy
that reduces diesel particulate matter emissions by directing all of the ex-
haust through a filter that physically captures particles but permits gases
to flow through. Periodically, the collected particles are either physically
removed or oxidized (burned off) in a process called regeneration.
(15) "Diesel particulate matter" (diesel PM) means the particles found
in the exhaust of diesel-fueled compression ignition engines. Diesel PM
may agglomerate and adsorb other species to form structures of complex
physical and chemical properties. The Air Resources Board (ARB) has
identified diesel PM as a toxic air contaminant.
(16) "Diesel PM Index" means an indicator of a fleet's overall diesel
PM emission rate. The diesel PM Index for a specific fleet is determined
by summing the product of the maximum power of each engine times the
diesel PM Emission Factor, and dividing by the fleet's total maximum
power.
(17) "Diesel PM Target Rate" means the fleet average that a specific
fleet must meet in a compliance year in order to show compliance with
the fleet average requirements. The Diesel PM Target Rate varies de-
pending on a fleet' s horsepower distribution. The Diesel PM Target Rate
for a specific fleet for each compliance year is determined by summing
(adding) the product of the maximum power of each engine times the die-
sel PM target, and dividing the resulting sum by the fleet's total maxi-
mum power.
(18) "Emergency operation" means helping alleviate an immediate
threat to public health or safety. Examples of emergency operation in-
clude repairing or preventing damage to roads, buildings, terrain, and in-
frastructure as a result of an earthquake, flood, storm, fire, other infre-
quent act of nature, or terrorism. Routine maintenance or construction to
prevent public health risks does not constitute emergency operation.
(19) "Emission Factor" means diesel PM or oxides of nitrogen (NOx)
emission rate in grams per brake-horsepower hour (g/bhp-hr) as shown
in Appendix A, unless the engine is a Post-2007 Flexibility Engine (see
definition).
(A) Engines certified to Family Emission Limits and flexibility en-
gines certified before January 1, 2007 must still use the emission factors
in Appendix A.
(B) For engines that have been retrofit with VDECS, the PM Emission
Factor is reduced 50 percent for a Level 2 VDECS, and 85 percent for a
Level 3 VDECS; the NOx Emission Factor is reduced by the percentage
NOx emission reductions that are verified, if any. The PM Emission Fac-
tor is not reduced for a Level 1 VDECS.
(20) "Equipment Identification Number" means a unique identifica-
tion number assigned by ARB to each vehicle in an owner's fleet subject
to this regulation. All reporting and recordkeeping will link vehicle data
with this number.
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(21) "Executive Officer" means the Executive Officer of the ARB or
his or her authorized representative.
(22) "Family Emission Limit" (FEL) means an emission level that is
declared by the manufacturer to serve in lieu of an emission standard for
certification purposes and for the averaging, banking, and trading pro-
gram, as defined in title 13, CCR, section 2423.
(23) "Fleet" means all off-road vehicles and engines owned by a per-
son, business, or government agency that are operated within California
and are subject to the regulation. A fleet may consist of one or more ve-
hicles. A fleet does not include vehicles that have never operated in
California.
(24) "Fleet Owner" means, except as qualified below, the person who
owns and has possession of the vehicles in the fleet.
"Rental or Leased Fleets" — Vehicles that are owned by a rental or
leasing company and that are leased by the same lessee for a period of one
year or more may be excluded from the rental company fleet and included
in the fleet of the lessee only if such arrangement is delineated in the writ-
ten lease agreement.
Vehicles that are rented or leased for a period of less than one year
must be included in the fleet of the rental or leasing company. Off-road
vehicles and engines subject to this regulation that are owned by a lessor
and leased to a lessee under a "lease" as defined in California Uniform
Commercial Code, section 10l03(a)(10), for a duration of at least one
year, dated prior to the effective date of these regulations, are considered
part of the fleet of the lessee rather than the lessor.
(25) "Fleet Size Category" — Fleets are classified by size as described
below. A fleet must meet large fleet requirements if the total vehicles un-
der common ownership or control would be defined as a large fleet. A
fleet must meet medium fleet requirements if the total vehicles under
common ownership or control would be defined as a medium fleet. Indi-
vidual federal or state agencies may report as separate fleets, but all ve-
hicles owned by agencies of the United States or the State of California
agencies must meet the large fleet requirements. Low-use vehicles, dedi-
cated snow-removal vehicles, and vehicles used solely for emergency
operations need not be included in the total maximum power used to clas-
sify fleets by size.
(A) "Large Fleet" — A fleet with a total maximum power (as defined
below) greater than 5,000 horsepower (hp). A fleet must meet large fleet
requirements if the total vehicles under common ownership or control
would be defined as a large fleet. All fleets owned by the United States,
the State of California, or agencies thereof (i.e., an agency in the judicial,
legislative, or executive branch of the federal or state government) will
be considered as a unit whole and must meet the large fleet requirements.
(B) "Medium Fleet" — A fleet that is not a small or large fleet.
(C) "Small Fleet" — A fleet with total maximum power of less than
or equal to 2,500 hp that is owned by a business, non-profit organization,
or local municipality, or a local municipality fleet in a low population
county irrespective of total maximum power, or a non-profit training
center irrespective of total maximum power.
(26) "Forest operations" means cutting or removal or both of timber,
other solid wood products, including Christmas trees, and biomass from
forestlands for commercial purposes, together with all the work inciden-
tal thereto, including but not limited to, construction and maintenance of
roads, fuel breaks, firebreaks, stream crossings, landings, skid trails, beds
for falling trees, fire hazard abatement, and site preparation that involves
disturbance of soil or burning of vegetation following forest removal ac-
tivities. Forest operations include the cutting or removal of trees, tops,
limbs and or brush which is processed into lumber and other wood prod-
ucts, and or for landscaping materials, or biomass for electrical power
generation. Forest operations do not include conversion of forestlands to
other land uses such as residential or commercial developments.
(27) "Highest Level Verified Diesel Emission Control Strategy"
(VDECS) means the highest level VDECS verified by ARB under its Ver-
ification Procedure, Warranty and In-Use Compliance Requirements
for In-Use Strategies to Control Emission from Diesel Engines (Verifi-
cation Procedure), title 13, CCR, sections 2700-2710, for a specific en-
gine as of 1 0 months prior to the compliance date, which (1 ) can be used
without impairing the safe operation of the vehicle as demonstrated per
section 2449(e)(8), and (2) the diesel emission-control strategy
manufacturer and authorized diesel emission-control strategy dealer
agree can be used on a specific engine and vehicle combination without
jeopardizing the original engine warranty in effect at the time of applica-
tion.
Plus designations do not matter; that is, a Level 3 Plus is the same die-
sel PM level as Level 3; and Level 2 Plus is the same diesel PM level as
Level 2.
The highest level VDECS is determined solely based on verified diesel
PM reductions, not based on verified NOx reductions. All Level 3 diesel
PM devices are higher than all Level 2 diesel PM devices. Level 1 devices
are never considered highest level VDECS for the purpose of this regula-
tion.
(28) "Implement of husbandry" is as defined in California Vehicle
Code (Veh.Code) division 16.
(29) "Local Municipality" means a city, county, city and county, spe-
cial district, or other public agency, or two or more public entities acting
jointly, or the duly constituted body of an Indian reservation or rancheria.
Agencies of the United States of America or the State of California, and
departments, divisions, public corporations, or public agencies of this
State or of the United States are not considered local municipalities.
(30) "Low-Population County Local Municipality Fleet" means a
fleet owned by a local municipality (as defined above) that is located in
a county as defined in title 13, CCR, section 2022(b)(2) and identified in
section 2022(c)(2), Table 2, or, using the criteria set forth in title 13,
CCR, section 2022.1(c)(4), a local municipality not located in a low-
population county that has requested and has received Executive Officer
approval to be treated like a municipality in a low-population county.
Fleets owned by such local municipalities shall be treated as small fleets
even if their total maximum power exceeds 2,500 horsepower.
(31) "Low-use vehicle" means a vehicle that operated in California
less than 100 hours during the preceding 1 2-month period running from
March 1 to end of February. For example, when reporting in 2009, the
hours of use between March J, 2008 and February 28, 2009 would be
used to determine low-use status. To be considered a low-use vehicle,
the fleet owner must submit engine operation data from a functioning
non-resettable hour meter.
(A) Vehicles used outside California — Vehicles that operate both in-
side and outside of California can meet the low-use vehicle definition if
they are used less than 1 00 hours per year in California.
(B) Three-year rolling average — A vehicle operated only in Califor-
nia for the previous three years and owned by the same owner during that
period will be considered low-use if it operated on average less than 100
hours per year during that previous three-year period.
(C) Emergency operation hours — Hours used for emergency opera-
tions are not counted when determining low-use status.
(32) "Maximum power" (Max Hp) means the engine's net horsepower
or net flywheel power certified to Society of Automotive Engineers
(SAE) Method JJ 349 or International Organization for Standardization
(ISO) Method 9249. If the engine' s net horsepower or net flywheel pow-
er certified to SAE Method J1349 or ISO Method 9249 is not readily
available, another net horsepower or net flywheel power from the
manufacturer's sales and service literature or horsepower from the en-
gine label may be used.
(33) "Model year" has the same meaning as defined in title 13, CCR,
section 2421(a)(37).
(34) "Motor vehicle" has the same meaning as defined in Veh. Code
section 415.
(35) "New fleet" means a fleet that is acquired or that enters California
after March 1, 2009. Such fleets may include new businesses or out-of-
state businesses that bring vehicles into California for the first time after
March I, 2009.
(36) "NOx index" means an indicator of a fleet's overall NOx emission
rate. The NOx Index for a specific fleet is determined by summing the
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BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
product of the maximum power of each engine times the NOx Emission
Factor, and dividing by the fleet's total maximum power.
(37) "NOx target rate" means the NOx fleet average that a specific
fleet must meet in a compliance year in order to show compliance with
the fleet average requirements. The NOx Target Rale varies depending
on a fleet's horsepower distribution. The NOx Target Rate for a specific
fleet for each compliance year is determined by summing (adding) the
product of the maximum power (Max Hp) of each engine times the NOx
target, and dividing the resulting sum by the fleet's total maximum pow-
er.
(38) "Non-Profit Training Center' means an entity that operates a
program for training in the use of off-road vehicles and qualifies as a non
profit or not for profit organization under title 26 Internal Revenue Code
section 501(a), (c)(3), (c)(5), or (c)(6).
(39) "Off-highway vehicle" is defined in Veil. Code division 16.5.
(40) "Oxides of nitrogen" (NOx) means compounds of nitric oxide, ni-
trogen dioxide, and other oxides of nitrogen. Nitrogen oxides are typical-
ly created during combustion processes and are major contributors to
smog formation and acid deposition.
(41) "Post-2007 Flexibility Engine" means an engine certified on or
after January 1, 2007 to the implementation flexibility standards in title
13, CCR, section 2423(d). Such flexibility engines are generally labeled
as follows by the engine manufacturer:
"THIS ENGINE COMPLIES WITH CALIFORNIA EMISSION RE-
QUIREMENTS UNDER 13, CCR 2423(d). . ." or
"THIS ENGINE CONFORMS TO CALIFORNIA OFF-ROAD
COMPRESSION-IGNITION ENGINE REGULATIONS UNDER
13 CCR, 2423(d)."
Post-2007 flexibility engines should use the emission standard to
which the engine is certified. For example, a Tier 4 engine flexed back
to Tier 2 emission levels should use the Tier 2 PM standard in title 13,
CCR, section 2423(b)(1)(A) as the emission factor (converted from
grams per kilowatt hour (g/kW-hr) to g/bhp-hr by multiplying by 0.746).
(42) "Queuing" means the intermittent starting and stopping of a ve-
hicle while the driver, in the normal course of doing business, is waiting
to perform work or a service, and when shutting the vehicle engine off
would impede the progress of the queue and is not practicable. Queuing
does not include the time a driver may wait motionless in line in anticipa-
tion of the start of a workday or opening of a location where work or a
service will be performed.
(43) "Registered and driven safely on-road" means a vehicle meets
the requirements to be registered for on-road operation in Veh. Code di-
vision 3, chap. I , article 1, sections 4000 et seq. (i.e., required to be regis-
tered or could be registered), and the requirements to be driven safely on-
road in "Equipment of Vehicles" requirements in Veh. Code division 12,
chap. 1, sections 24000 et seq. and "Size, Weight, and Load" require-
ments in Veh. Code division 15, sections 35000 et seq. Having a Califor-
nia Special Construction Equipment plate as defined in California Veh.
Code sections 565 and 570 does not constitute registration.
(44) "Repower" means to replace the engine in a vehicle with another
engine meeting a subsequent engine emissions standard (e.g., replacing
a Tier 0 engine with a Tier 2 or later engine).
(45) "Responsible Official" means one of the following:
(A) For a corporation: A president, secretary, treasurer, or vice presi-
dent of the corporation in charge of a principal business function, or any
other person who performs similar policy or decision-making functions
for the corporation,
(B) For a partnership or sole proprietorship: a general partner or the
proprietor, respectively
(C) For a municipality, state, federal, or other public agency: either a
principal executive officer or ranking elected official. For the purposes
of this part, a principal executive officer of a federal agency includes the
chief executive officer having responsibility for the overall operations of
a principal geographic unit of the agency (e.g., a Regional Administrator
of the U.S. EPA).
(46) "Retire" means to take an engine out of service and not operate
it again in the State of California. To retire an engine, the vehicle with the
engine may be moved outside of California, sold, or scrapped.
(47) "Snow removal operations" means removing snow from public
roads, private roads, or driveways.
(48) "Specialty vehicle" means a vehicle for which no used vehicle
with a cleaner engine that can serve an equivalent function and perform
equivalent work is available.
(49) "Tier 0 Engine" means an engine not subject to the requirements
in title 13, CCR, section 2423; Title 40, Code of Federal Regulations
(CFR), Part 89; or Title 40. CFR, Part 1039.
(50) "Tier 1 Engine" means an engine subject to the Tier I new engine
emission standards in title 13, CCR, section 2423(b)(1)(A) and/or Title
40, CFR, Part 89.1 12(a). This also includes engines certified under the
averaging, banking, and trading program with respect to the Tier 1 Fami-
ly Emission Limits (FEL) listed in title 13, CCR, section 2423(b)(2)(A)
and/or Title 40, CFR, Part 89.1 12(d).
(51) "Tier 2 Engine" means an engine subject to the Tier 2 new engine
emission standards in title 13, CCR, section 2423(b)(1)(A) and/or Title
40, CFR, Part 89.112(a). This also includes engines certified under the
averaging, banking, and trading program with respect to the Tier 2 FEL
listed in title 13, CCR, section 2423(b)(2)(A) and/or Title 40, CFR, Part
89.112(d).
(52) "Tier 3 Engine" means an engine subject to the Tier 3 new engine
emission standards in title 13, CCR, section 2423(b)(1)(A) and/or Title
40, CFR, Part 89. 1 12(a). This also includes engines certified under the
averaging, banking, and trading program with respect to the Tier 3 FEL
listed in title 13, CCR, section 2423(b)(2)(A) and/or Title 40, CFR, Part
89.112(d).
(53) "Tier 4 Final Engine" means an engine subject to the final after-
treatment-based Tier 4 emission standards in title 13, CCR, section
2423(b)(1)(B) and/or Title 40, CFR, Part 1039.101. This also includes
engines certified under the averaging, banking, and trading program with
respect to the Tier 4 FEL listed in title 13, CCR, section 2423(b)(2)(B)
and/or Title 40, CFR, Part 1039.101.
(54) "Tier 4 Interim Engine" means an engine subject to the interim
Tier 4 emission standards (also known as transitional) in title 13, CCR,
section 2423(b)(1)(B) and/or Title 40, CFR, Part 1039.101. This also in-
cludes engines certified under the averaging, banking, and trading pro-
gram with respect to the Tier 4 FEL listed in title 13, CCR, section
2423(b)(2)(B) and/or Title 40, CFR, Part 1039.101.
(55) "Total maximum power" means the sum of maximum power for
all of a fleet's engines that are subject to this regulation. Low-use ve-
hicles, dedicated snow-removal vehicles, and vehicles used solely for
emergency operations need not be included in the sum.
(56) "Verified Diesel Emission Control Strategy" (VDECS) means an
emissions control strategy, designed primarily for the reduction of diesel
PM emissions, which has been verified pursuant to the Verification Pro-
cedures. VDECS can be verified to achieve Level 1 diesel PM reductions
(25 percent), Level 2 diesel PM reductions (50 percent), or Level 3 diesel
PM reductions (85 percent). VDECS may also be verified to achieve
NOx reductions. See also definition of Highest Level VDECS.
(57) "VDECS Failure" means the condition of not achieving the emis-
sions reductions to which the VDECS is verified. Such condition could
be due to inappropriate installation, damage, or deterioration during use.
If a Level 3 VDECS is emitting visible smoke, it should be assumed to
have failed.
(58) "Workover rig" means a mobile self-propelled rig used to per-
form one or more remedial operations, such as deepening, plugging back,
pulling and resetting liners, on a producing oil or gas well to try to restore
or increase the well's production.
(d) Performance Requirements —
Fleets that are subject to fleet average requirements may include ve-
hicles and systems used in place of diesel vehicles in their fleet average
index and target rate calculations as described in subsection (1) below.
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§2449
Fleets that are subject to fleet average requirements may opt to include
hours of operation in the fleet average calculation as described in subsec-
tion (2) below. Each fleet must meet the performance requirements in
subsections (3) to (10) below. There are differing requirements for large,
medium, and small fleets. If various portions of a fleet are under the con-
trol of different responsible officials because they are part of different
subsidiaries, divisions, or other organizational structures of a company
or agency, the fleet portions may comply with the performance require-
ments separately and be reported separately. However, the total maxi-
mum power of the vehicles under common ownership or control deter-
mines the fleet size. Fleets owned by low-population county local
municipalities are subject to the small fleet requirements, even if their to-
tal maximum power exceeds 2,500 horsepower. Section 2449(d)(4) de-
scribes requirements for fleets that change in size.
(1) Vehicles and Systems Used in Place of Diesel Vehicles — Fleets
with electric or alternative fuel vehicles may include such vehicles in
their fleet average index and target rate calculations as follows:
(A) Electric and Alternative Fuel Vehicles Purchased on or after Janu-
ary 1,2007
1. Fleets may include an electric and alternative fuel vehicle purchased
on or after January 1, 2007, with a maximum power 25 horsepower or
greater (or that replaced a diesel vehicle with maximum power 25 horse-
power or greater) in their fleet average if all of the following conditions
are met:
a. The owner can demonstrate it serves a function and performs the
work equivalent to that of diesel vehicles and is used for a purpose for
which diesel vehicles are predominantly used,
b. The electric or alternative fuel vehicle is used predominantly out-
doors,
c. The electric or alternative fuel vehicle is not already included in the
fleet average emission level requirements for large spark ignition engine
fleets in title 13, Section 2775.1; and
d. If the vehicle is an alternative fuel vehicle, the owner must demon-
strate that it is certified to a NOx standard less than or equal to the Tier
1 NOx standard for the same horsepower in title 13, CCR, section
2423(b)(1)(A) and is less than or equal to the NOx emissions of a diesel
engine of the same model year and horsepower.
2. Fleets may include a diesel vehicle with a maximum power 25
horsepower or greater that has been converted to alternative fuel in their
fleet average index and target rate calculations. The Emission Factor for
NOx remains the same as the emission factor for the diesel vehicle. The
Emission Factor for PM is 0.
3. For the purposes of compliance with sections 2449.1(a)(1) and
2449.2(a)(1), electric vehicles shall be credited as follows:
a. Max Hp for Electric Vehicles — For an electric vehicle that replaced
a diesel vehicle in the owner's fleet, the maximum power of the diesel
vehicle replaced may be used as the electric vehicle's Max Hp. For an
electric vehicle added to the fleet, the fleet owner may apply to the Execu-
tive Officer to use the maximum power of a diesel vehicle that serves the
same function and performs equivalent work to that of the electric ve-
hicle. In making his or her determination, the Executive Officer will ap-
prove the use of the minimum Max Hp of a diesel vehicle that would be
required to perform the same functions and equivalent work. If no request
to the Executive Officer is received, the electric vehicle's own maximum
power rating should be used.
b. Double Credit for Electric in 2010-2016 — For compliance dates
in 2010 through 2016, the Max Hp of all electric vehicles purchased on
or after January 1 , 2007 may be doubled in determining the Max Hp that
is used in calculating the Diesel PM Index, and as appropriate, NOx In-
dex. An Emission Factor of 0 may be used. The Max Hp of each electric
vehicle is included but not doubled in the calculation of Diesel PM Target
Rate and NOx Target Rate.
c. Single Credit for Electric in 201 7 and Later — For compliance dates
in year 201 7 and later, the Max Hp of all electric vehicles purchased on
or after January 1 , 2007 is used in determining the Max Hp that is used
in calculating the Diesel PM and NOx Target Rates, Diesel PM Index,
and, as appropriate, NOx Index. An Emission Factor of 0 may be used.
4. For the purposes of compliance with sections 2449.1(a)(1) and
2449.2(a)(1), each alternative fuel vehicle should use an Emission Factor
equal to the emission standard to which its engine is certified in g/bhp-hr.
If the alternative fuel vehicle is not certified to a NOx or diesel PM emis-
sion standard, the owner may apply to the Executive Officer to use an
emission factor. In the application, the owner must demonstrate that the
chosen emission factor is appropriate and not exceeded by the alternative
fuel vehicle.
(B) Electric and Alternative Fuel Vehicle Purchased Prior to January
1,2007
1 . GSE: Electric airport GSE vehicles with a maximum power of 25
horsepower or greater (or that replaced a diesel vehicle with maximum
power 25 horsepower or greater) purchased prior to January 1 , 2007, may
be partially counted in the fleet average calculations as follows:
a. Max Hp for Electric Vehicles - For an electric vehicle that replaced
a diesel vehicle in the owners fleet, the maximum power of the diesel
vehicle replaced may be used as the electric vehicle's Max Hp. Other-
wise, the electric vehicle's own maximum power rating should be used.
b. Include such vehicle's MaxHp times 0.2 as the Max Hp in calculat-
ing Target Rate, Diesel PM Index, and, as appropriate, NOx Index in sec-
tions 2449.1 (a)(l ) and 2449.2(a)(1), along with an Emission Factor of 0.
2. Non-GSE:
a. Fleet owners may count a non-GSE electric or alternative fuel ve-
hicle purchased prior to January 1, 2007 in the fleet average calculations
if all of the following conditions are met:
i. The owner can demonstrate it serves a function and performs the
work equivalent to that of diesel vehicles and is used for a purpose for
which diesel vehicles are predominantly used,
ii. the electric or alternative fuel vehicle is used predominantly out-
doors,
iii. the vehicle is not already counted toward the fleet average emission
level requirements for large spark ignition engine fleets in title 13, CCR,
section 2775.1; and
iv. if the vehicle is alternative fuel vehicle with a certified NOx emis-
sion level, the certified NOx emission levels are lower than the NOx stan-
dard for the same model year and horsepower in section 2423(b)(l ) and
Title 40, CFR, Part 89.112(a) and Title 40, CFR, Part 1039.101.
b. Include such vehicle's Max Hp as the Max Hp in the calculating the
Target Rate, Diesel PM Index, and, as appropriate, NOx Index in sections
2449.1(a)(1) and 2449.2(a)(1). For an electric vehicle, use an Emission
Factor of 0. For an alternative fuel vehicle, use an Emission Factor equal
to the emission standard to which its engine is certified in g/bhp-hr. If the
alternative fuel vehicle is not certified to a NOx or diesel PM emission
standard, the owner may apply to the Executive Officer to use an emis-
sion factor. In the application, the owner must demonstrate that the cho-
sen emission factor is appropriate and not exceeded by the alternative
fuel vehicle.
(C) Stationary or Portable System Used to Replace Mobile Diesel Ve-
hicle Fleet owners may apply to the Executive Officer to include electric
portable or electric stationary systems that replace mobile diesel ve-
hicles, such as an electric conveyor system used to replace diesel haul
trucks at a mine, in the fleet average calculations. The system may be con-
sidered in the fleet average calculations by including the maximum pow-
er of the diesel vehicles replaced in the calculations of Target Rate, Diesel
PM Index, and NOx Index above, along with an Emission Factor of 0.
In order to count such a system, all the following conditions must be met:
1. The owner must demonstrate that it replaced an off-road diesel
fueled vehicle subject to this regulation on or after January 1, 2007, and
2. The system is not already counted toward the fleet average emission
level requirements for large spark ignition engine fleets in title 1 3, CCR,
section 2775.1 or for portable diesel engine fleets in title 1 7, CCR, section
93116.3.
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(D) Gasoline-Powered Vehicles Used to Replace Diesel Vehicles —
Fleets may include a gasoline-powered vehicle of 25 horsepower or
greater that replaces a diesel vehicle on or after January 1 , 2007 in their
fleet average only if all the following conditions are met: ■
1 . The owner can identify the diesel vehicle that the gasoline-powered
vehicle replaced and show that the diesel vehicle was retired from the
fleet within 6 months of the date that the gasoline-powered vehicle was
added to the fleet.
2. The gasoline-powered vehicle serves the same function as the die-
sel vehicle that it replaced and is of similar horsepower.
3. The fleet would continue to be in compliance with the fleet average
emission level requirements for large spark ignition engine fleets in title
1 3, CCR, section 2775. 1 if the gasoline-powered vehicle that replaces a
diesel vehicle were excluded from the large spark ignition average.
4. The owner must demonstrate the gasoline-powered vehicle is certi-
fied to a NOx standard less than or equal to the Tier 1 NOx standard for
the same horsepower in title 13, CCR, section 2423(b)(1)(A) and less
than or equal to the NOx emissions of a diesel engine of the same model
year and horsepower.
If qualified, the gasoline-powered vehicle may use the maximum
horsepower of the diesel vehicle replaced, a diesel PM emission factor
of zero (0), and a NOx emission factor equal to the gasoline-powered ve-
hicle's HC+NOx certified emission standard in g/bhp-hr multiplied by
0.95.
(2) Hours in Fleet Average Option — As an alternative to the formulas
for calculating NOx index and diesel PM index in sections 2449.1(a)(1)
and 2449.2(a)(1). fleet owners may opt to include annual hours of opera-
tion for all engines in the fleet on the compliance date in the calculation
as follows:
NOx Index = 1.18times[SUMof(MaxHpforeachengineinfleet
on compliance date multiplied by NOx Emission
Factor for each engine in fleet on compliance date
multiplied by Annual Hours of Operation for each
engine in fleet on compliance date since the previous
year's compliance date)] divided by [SUM of (Max
Hp for each engine in fleet on compliance date multi-
plied by Annual Hours of Operation for each engine
in fleet on compliance date since the previous year's
compliance date)]
Diesel PM Index =1.18 times [SUM of (Max Hp for each engine in
fleet on compliance date multiplied by PM Emission
Factor for each engine in fleet on compliance date
multiplied by Annual Hours of Operation for each
engine in fleet on compliance date since the previous
year's compliance date)] divided by [SUM of (Max
Hp for each engine in fleet on compliance date mul-
tiplied by Annual Hours of Operation for each en-
gine in fleet on compliance date since the previous
year's compliance date)]
Fleets that choose this option must have non-resettable hour meters on
each vehicle in the fleet and must include hours in all index calculations
for the compliance date.
(3) Idling — The idling limits in section 2449(d)(3) shall be effective
and enforceable immediately upon this regulation being certified by the
Secretary of State. Fleets must meet the following idling limits.
(A) Idling Limit — No vehicle or engines subject to this regulation
may idle for more than 5 consecutive minutes. Idling of a vehicle that is
owned by a rental company is the responsibility of the renter or lessee,
and the rental agreement should so indicate. The idling limit does not ap-
ply to:
1. idling when queuing,
2. idling to verify that the vehicle is in safe operating condition,
3. idling for testing, servicing, repairing or diagnostic purposes,
4. idling necessary to accomplish work for which the vehicle was de-
signed (such as operating a crane),
5. idling required to bring the machine system to operating tempera-
ture, and
6. idling necessary to ensure safe operation of the vehicle.
(B) Written Idling Policy — As of March 1, 2009, medium and large
fleets must also have a written idling policy that is made available to oper-
ators of the vehicles and informs them that idling is limited to 5 consecu-
tive minutes or less.
(C) Waiver — A fleet owner may apply to the Executive Officer for
a waiver to allow additional idling in excess of 5 consecutive minutes.
The Executive Officer shall grant such a request upon finding that the
fleet owner has provided sufficient justification that such idling is neces-
sary.
(4) Changing Fleet Size —
(A) Small fleets that become medium or large fleets must meet the me-
dium or large fleet requirements, respectively, on the reporting date two
years subsequent to the year they became a medium or large fleet. If such
fleets become small again, they must keep meeting the medium or large
fleet requirements for two years after becoming a small fleet.
(B) Large fleets that become medium fleets may meet either the me-
dium or large fleet requirements on the next reporting date. Large fleets
that become small fleets may meet either the small or large fleet require-
ments on the next reporting date.
(C) Medium fleets that become small fleets may meet either the small
or medium fleet requirements on the next reporting date. Medium fleets
that become large fleets must meet the large fleet requirements on the re-
porting date two years subsequent to the year they became a large fleet.
(5) New Fleets — New fleets must meet the fleet average requirements
in sections 2449.1(a)(1) and 2449.2(a)(I ) immediately on purchasing ve-
hicles subject to the regulation or bringing such vehicles into the State of
California for the first time after March 1 , 2009. New fleets do not have
the option of complying with the BACT requirements in sections
2449.1(a)(2) and 2449.2(a)(2). New fleets must comply with the idling
requirements in section 2449(d)(3) immediately upon purchasing ve-
hicles subject to the regulation or upon bringing such vehicles into the
State. New fleets must report vehicles subject to the regulation to ARB
within 30 days of purchasing or bringing such vehicles into the State, in
accordance with the requirements in section 2449(g).
(6) Fleet Ownership Transferred — If ownership of an entire fleet that
was meeting the BACT requirements in lieu of the fleet average require-
ments is transferred to a new fleet owner who did not own a fleet before
the transfer of ownership, the fleet may continue to meet the BACT re-
quirements. That is, transfer of ownership to a new owner who did not
own a fleet before does not automatically require the fleet to begin meet-
ing the fleet average requirements in sections 2449.1(a)(1) and
2449.2(a)(1). Existing fleets may acquire other entire fleets without
condition if both fleets were in compliance with the individual fleet re-
quirements. If existing fleets acquire portions of fleets or entire fleets that
did not previously comply with the regulation, however, they must meet
the requirements for adding vehicles in section 2449(d)(7) when adding
the entire fleet.
(7) Adding Vehicles — The requirements in (A) to (C) below apply to
all fleets, except they do not apply to vehicles owned by a lessor and re-
turned to the lessor fleet at the end of a lease, during which the vehicles
were included in the fleet of the lessee. Vehicles returned to a lessor fleet
must however be included in the lessor fleet's fleet average demonstra-
tion on subsequent compliance dates.
(A) Beginning March 1 , 2009 — Beginning March 1 , 2009 a fleet may
not add a vehicle with a Tier 0 engine to its fleet.
(B) Between the First and Final Target Dates — The following re-
quirements apply between March 1, 2010 and March 1, 2020 for large
fleets, between March 1, 2013 and March 1, 2020 for medium fleets, and
between March 1, 2015 and March 1, 2025 for small fleets.
1 . Fleets Meeting the Target Rates — If a fleet met the fleet average
target rates in sections 2449.1(a)(1) and 2449.2(a)(2) on the previous
compliance date, when it adds a vehicle to its fleet, the fleet must demon-
strate that the fleet still meets the fleet average target rates within three
months of adding the vehicle. That is, fleets may not add vehicles that
cause them to exceed the most recent fleet average target rates. The added
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Air Resources Board
§2449
vehicle also must be included in the fleet average demonstration required
in sections 2449.1(a) and 2449.2(a) on the next compliance date.
2. Fleets Not Meeting the Fleet Average Targets — If a fleet did not
meet the fleet average requirements in sections 2449.1(a)(1) and
2449.2(a)( 1 ) on the previous compliance date, the fleet may not add a ve-
hicle to its fleet that would further increase its emissions above the fleet
average target rate, as described below.
a. Large and Medium Fleets — A large or medium fleet that met the
BACT requirements in sections 2449. 1(a)(2) and 2449.2(a)(2) instead of
the fleet average requirements in sections 2449. 1(a)(1) and 2449.2(a)(1)
on the most recent compliance date may not add a vehicle to its fleet un-
less all of the following conditions are met:
i. The engine is Tier 2 or higher. (For the purposes of this requirement,
a vehicle may be assumed to meet the new engine emission standard tier
in effect for the model year unless the engine is a flexibility engine certi-
fied January 1, 2007 or later to the implementation flexibility standards
at title 13 CCR, section 2423(d), in which case the emission standard tier
to which the engine is certified should be used.).
ii. The vehicle engine's NOx Emission Factor (after being adjusted for
any VDECS) is less than or equal to the NOx Target in Table 1 for engines
in the same horsepower group for the most recent compliance date.
b. Small Fleets — A small fleet that met the BACT requirements in
section 2449.2(a)(2) instead of the fleet average requirements in section
2449.2(a)(1) on the most recent compliance date may not add a vehicle
to its fleet unless the following condition is met:
The vehicle engi ne is Tier 2 or higher. (For the purposes of this require-
ment, a vehicle may be assumed to meet the new engine emission stan-
dard tier in effect for the model year unless the engine is a flexibility en-
gine certified January 1, 2007 or later to the implementation flexibility
standards at title 13 CCR, section 2423(d), in which case the emission
standard tier to which the engine is certified should be used.
(C) After the Final Target Date — Commencing respectively on
March 1 , 2020 for large and medium fleets, and March 1 , 2025 for small
fleets, no fleet owner may add a vehicle to his fleet, unless the vehicle is
equipped with an engine meeting the Tier 3, Tier 4 interim, or Tier 4 final
emission standards.
(8) VDECS Installation — Before installing a VDECS on a vehicle, the
fleet owner must ensure that:
(A) The VDECS is verified for use with the engine and vehicle, as de-
scribed in the Executive Order for the VDECS.
(B) Use of the vehicle is consistent with the conditions of the Execu-
tive Order for the VDECS.
(C) The diesel emission control strategy is installed in a verified con-
figuration.
(D) The engine to be retrofit is tuned up so that it meets engine
manufacturer's specifications prior to VDECS installation.
(E) The VDECS label will be visible after installation.
(9) VDECS Maintenance — If a fleet owner installs a VDECS to meet
the requirements in section 2449.1(a) or 2449.2(a), the VDECS must be
kept installed until the VDECS fails or is damaged. Requirements for
VDECS failure or damage are in section 2449(e)(1). The owner of a ve-
hicle retrofit with a VDECS must ensure all maintenance on the VDECS
and engine is performed as required by the respective manufacturers.
(10) Compliance After the Final Target Date —
(A) Commencing respectively on March 1, 2020, if a large or medium
fleet does not meet the NOx fleet average target rate for the final target
date in section 2449.1(a)(1), the fleet must continue to meet the BACT
turnover requirements in section 2449.1(a)(2)(A) and report annually
each year until it does so.
(B) Except as provided below, commencing respectively on March 1 ,
2021 for large and medium fleets, and March 1, 2026 for small fleets, all
vehicles in each fleet must be equipped with the highest level VDECS.
The vehicles must be retrofit at the annual retrofit rate required in section
2449.2(a)(2)(A) 1 . for BACT PM retrofits, and the fleet must report annu-
ally until all vehicles have been retrofitted. In meeting the requirements
of this paragraph, the fleet owner may not use any previously accrued
carryover PM retrofit credits. The following engines and vehicles are ex-
empt from the requirements of this paragraph:
1. Low-use vehicles,
2. Engines for which there is no highest level VDECS (i.e.. for which
there is no Level 2 or 3 VDECS, or for which there is a Level 2 or 3
VDECS which cannot be used without impairing the safe operation of the
vehicle as demonstrated per section 2449(e)(8)),
3. Engines equipped with an original equipment manufacturer diesel
particulate filter that came new with the vehicle,
4. Engines already retrofit with a Level 2 or 3 VDECS that was the
highest level VDECS available at time of installation, and
5. Vehicles in large and medium fleets that have not yet met the NOx
fleet average target rate for the final target date in section 2449.1(a)(1).
(e) Special Provisions/Compliance Extensions
( 1 ) VDECS Failure — In the event of a failure or damage of a VDECS,
the following conditions apply:
(A) Failure or Damage During the Warranty Period. If a VDECS fails
or is damaged within its warranty period and it cannot be repaired, the
fleet owner must replace it with the same level VDECS or higher for the
vehicle within 90 days of the failure.
(B) Failure or Damage Outside the Warranty Period.
1 . Before Final Target Date — If a VDECS fails or is damaged outside
of its warranty period before March 1, 2021 for large and medium fleets,
or before March 1 , 2026 for small fleets, and cannot be repaired, and if
the fleet could not meet an applicable fleet average target for the most re-
cent compliance date without the failed VDECS, the fleet owner must re-
place the failed or damaged VDECS within 90 days of its failure, with the
highest level VDECS available for the engine at time of failure.
2. After Final Target Date — If a VDECS fails or is damaged outside
of its warranty period on or after March 1, 2021 for large and medium
fleets, or on or after March I, 2026 for small fleets, and cannot be re-
paired, the fleet owner must replace the failed or damaged VDECS with-
in 90 days of its failure with the highest level VDECS available for the
engine at time of failure, regardless of whether the fleet met the applica-
ble fleet average requirement for the most recent compliance date.
(2) Fuel-based Strategy VDECS —
(A) If a fleet owner determines that the highest level VDECS for a
large percentage of his fleet would be a Level 2 fuel verified as a diesel
emission control strategy, and implementation of this VDECS would re-
quire installation of a dedicated storage tank, then the fleet owner may
request prior approval from the Executive Officer to allow use of the lev-
el 2 fuel-based strategy across its fleet.
(B) Waiver for Discontinuation of Fuel Verified as a Diesel Emission
Control Strategy. If a fleet owner has relied upon a fuel verified as a diesel
emission control strategy to meet an applicable fleet average requirement
and has to discontinue use of the fuel due to circumstances beyond the
fleet owner's control, the fleet owner may apply to the Executive Officer
no later than 30 days after discontinuing use of the fuel for a compliance
waiver of up to two years to provide it time to return to compliance with
the applicable fleet average requirement. The Executive Officer then has
30 days to act upon the request. Fleets that did not meet the applicable
fleet average requirement in the most recent compliance year may not ap-
ply for this waiver.
(3) Exemption for Vehicles Used for Emergency Operations — Ve-
hicles used solely for emergency operations are exempt from the perfor-
mance requirements in sections 2449(d), 2449.1(a), 2449.2(a) and
2449.3(d) but still must be labeled and reported in accordance with sec-
tions 2449(f) and (g). Vehicles used solely for emergency operations
need not be included when calculating fleet average indices or target
rates, when determining fleet size, or when calculating the required
horsepower for the BACT turnover and retrofit requirements in sections
2449.1(a)(2) and 2449.2(a)(2).
Owners of vehicles brought into California for emergency operations
that last longer than three months must report such entry to ARB and re-
quest an equipment identification number within three months of enter-
ing the state. Vehicles used solely for emergency operations and that stay
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BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
in California for less than three months do not have to be labeled. For ve-
hicles used both for emergency operations and for other purposes, hours
of operation accrued when the vehicle is used for emergency operations
do not need to be included when determining whether the vehicle meets
the low-use vehicle definition.
(4) Special Provisions for Snow Removal Vehicles — Dedicated snow
removal vehicles are exempt from the performance requirements in sec-
tions 2449(d), 2449.1(a), 2449.2(a) and 2449.3(d) but still must be la-
beled and reported in accordance with sections 2449(f) and (g). Dedi-
cated snow removal vehicles need not be included when calculating fleet
average indices or target rates, when determining fleet size, or when cal-
culating the required horsepower for the BACT turnover and retrofit re-
quirements in sections 2449.1(a)(2) and 2449.2(a)(2). Publicly owned
vehicles used exclusively to support snow removal operations (such as
a loader without a special snow removal attachment), but which do not
meet the dedicated snow removal vehicle definition, are exempt from the
performance requirements in sections 2449(d), 2449. 1(a), 2449.2(a) and
2449.3(d) but still must be labeled and reported in accordance with sec-
tions 2449(f) and (g).
(5) Use of Experimental Diesel Emission Control Strategies — If a
fleet owner wishes to use an experimental, or non-verified, diesel emis-
sion control strategy, the owner must first obtain approval from the
Executive Officer for a compliance extension. To obtain approval, the
owner must demonstrate either that (A) a VDECS is not available or not
feasible or not safe for their vehicle or application, or (B) that use of the
non-verified strategy is needed to generate data to support verification
of the strategy. The owner or operator shall keep documentation of this
use in records as specified by the Executive Officer. The application must
include emissions data and detailed control technology description dem-
onstrating the experimental control achieves at least a Level 2 diesel PM
emission reduction. If the application demonstrates that the strategy
achieves at least 50 percent reductions in diesel PM, it may be treated like
a Level 2 VDECS. If the application demonstrates that the strategy
achieves at least 85 percent reductions in diesel PM, it may be treated like
a Level 3 VDECS. If the application demonstrates that the strategy
achieves a NOx reduction over 1 5%, the NOx reduction may be counted.
Upon approval by the Executive Officer, each vehicle engine retrofit
with the experimental strategy will be allowed to operate for a specified
time period necessary to make a determination that the experimental
strategy can achieve the projected emissions reductions. The vehicle
equipped with the experimental strategy will be considered to be in com-
pliance during the specified time period. A fleet owner who participates
in an experimental diesel emission control program approved by the
Executive Officer may retain carryover retrofit PM credits or carryover
turnover credits actually accumulated during the experiment, regardless
of whether the experiment achieved the projected emissions reductions
or whether the strategy is eventually verified. If a strategy installed in an
experimental diesel emission control program approved by the Execu-
tive Officer fails to be verified or is removed, it will no longer count in
the fleet's fleet average calculations. The fleet owner must bring the fleet
into compliance prior to the expiration of the experimental diesel emis-
sion control strategy extension.
(6) Compliance Extension for Equipment Manufacturer Delays — A
fleet owner who has purchased new equipment (including VDECS) or
vehicles in order to comply with this regulation, will be excused from im-
mediate compliance if the new equipment or vehicles have not been re-
ceived due to manufacturing delays as long as all the conditions below
are met:
(A) The equipment or vehicle was purchased, or the fleet owner and
seller had entered into contractual agreement for the purchase, at least
four months prior to the required compliance date, or — for a VDECS
purchased to replace a failed or damaged VDECS — the fleet owner and
seller had entered into contractual agreement for the purchase within 60
days of the VDECS failure.
(B) Proof of purchase, such as a purchase order or signed contract for
the sale, including engine specifications for each applicable piece of
equipment, must be maintained by the fleet owner and provided to an
agent or employee of ARB upon request.
(C) The new equipment or vehicles are immediately placed into opera-
tion upon receipt.
(7) Exemption for Low-Use Vehicles — Low-use vehicles are exempt
from the performance requirements in sections 2449(d), 2449.1(a),
2449.2(a) and 2449.3(d) but still must be labeled and reported in accor-
dance with sections 2449(f) and (g). Low-use vehicles need not be in-
cluded when calculating fleet average indices or target rates, when deter-
mining fleet size, or when calculating the required horsepower for the
BACT turnover and retrofit requirements in sections 2449.1(a)(2) and
2449.2(a)(2).
Vehicles that formerly met the low-use vehicle definition, but whose
use increases to 100 hours per year or greater must meet the BACT re-
quirements or be included in the fleet average calculation by the next
compliance date. For example, a formerly low-use engine that exceeds
100 hours per year between March 1, 2013 and February 28, 2014 must
be included in the fleet average indices and target rates reported in 2014.
(8) VDECS That Impairs Safe Operation of Vehicle — A fleet owner
may request that the Executive Officer find that a VDECS should not be
considered the highest level VDECS available because (A) it cannot be
safely installed or operated in a particular vehicle application, or (B) its
use would make compliance with occupational safety and health require-
ments, mining safety and health requirements, or an ongoing local air dis-
trict permit condition, such as for use of a diesel oxidation catalyst, im-
possible. If a VDECS manufacturer states that there is no safe or
appropriate method of mounting its VDECS on the requesting party's ve-
hicle, then the VDECS will not be considered safe. In the absence of such
a declaration by the VDECS manufacturer, the requesting party shall pro-
vide other documentation to support its claims. Documentation must in-
clude published reports and other findings of federal, state or local gov-
ernment agencies, independent testing laboratories, engine or equipment
manufacturers, or other equally reliable sources. The request will only be
approved if the requesting party has made a thorough effort to find a safe
method for installing and operating the VDECS, including considering
the use of mirrors, various locations for VDECS mounting, and use of an
actively regenerated VDECS. The Executive Officer shall review the
documentation submitted and any other reliable information that he or
she wishes to consider and shall make his or her determination based
upon the totality of the evidence. Upon finding that a VDECS cannot be
installed without violating the safety standards prescribed under title 8,
CCR by the California Department of Industrial Relations, Division of
Occupational Safety and Health or federal or state mine safety laws, the
Executive Officer shall issue a determination that there is no highest level
VDECS available. The Executive Officer shall inform the requesting
party, in writing, of his or her determination, within 60 days of receipt of
the request. Parties may appeal the Executive Officer's determination as
described in (A) and (B) below. During the appeal process described in
(A) and (B) below, the requesting party may request the administrative
law judge to stay compliance until a final decision is issued. If the stay
is granted and the Executive Officer denies the requesting party's re-
quest, the requesting party has six months from the date of the Executive
Officer's final written decision to bring his or her fleet back into com-
pliance.
(A) Appeals — Hearing Procedures —
1 . Any party whose request has been denied may request a hearing for
the Executive Officer to reconsider the action taken by sending a request
in writing to the Executive Officer. A request for hearing shall include,
at a minimum, the following:
a. name of the requesting party;
b. copy of the Executive Officer's written notification of denial;
c. a concise statement of the issues to be raised, with supporting facts,
setting forth the basis for challenging the denial (conclusory allegations
will not suffice);
d. a brief summary of evidence in support of the statement of facts re-
quired in c. above; and
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e. the signature of an authorized person requesting the hearing
2. A request for a hearing shall be filed within 30 days from the date
of issuance of the notice of the denial.
3. A hearing requested pursuant to this section shall be heard by a qual-
ified and impartial hearing officer appointed by the Executive Officer.
The hearing officer may be an employee of the ARB, but may not be any
employee who was involved with the denial at issue. In a request for re-
consideration, the hearing officer, after reviewing the request for hearing
and supporting documentation provided under paragraph 1 . above, shall
grant the request for a hearing if he or she finds that the request raises a
genuine and substantial question of law or fact.
4. If a hearing is granted, the hearing officer shall schedule and hold,
as soon as practicable, a hearing at a time and place determined by the
hearing officer.
5. Upon appointment, the hearing officer shall establish a hearing file.
The file shall consist of the following:
a. the determination issued by the Executive Officer which is the sub-
ject of the request for hearing;
b. the request for hearing and the supporting documents that are sub-
mitted with it;
c. all documents relating to and relied upon by the Executive Officer
in making the initial determination to deny the requesting party' s original
claim; and
d. correspondence and other documents material to the hearing.
6. The hearing file shall be available for inspection by the applicant at
the office of the hearing officer.
7. An applicant may appear in person or be represented by counsel or
by any other duly-authorized representative.
8. The ARB may be represented by staff or counsel familiar with the
regulation and may present rebuttal evidence.
9. Technical rules of evidence shall not apply to the hearing, except
that relevant evidence may be admitted and given probative effect only
if it is the kind of evidence upon which reasonable persons are accus-
tomed to relying in the conduct of serious affairs. No action shall be over-
turned based solely on hearsay evidence, unless the hearsay evidence
would be admissible in a court of law under a legally recognized excep-
tion to the hearsay rule.
10. Declarations may be used upon stipulation by the parties.
1 1 . The hearing shall be recorded either electronically or by a certified
shorthand reporter.
1 2. The hearing officer shall consider the totality of the circumstances
of the denial, including but not limited to, credibility of witnesses, au-
thenticity and reliability of documents, and qualifications of experts. The
hearing officer may also consider relevant past conduct of the applicant
including any prior incidents involving other ARB programs.
13. The hearing officer's written decision shall set forth findings of
fact and conclusions of law as necessary.
14. Within 30 days of the conclusion of a hearing, the hearing officer
shall submit a written proposed decision, including proposed finding as
well as a copy of any material submitted by the hearing participants as
part of that hearing and relied on by the hearing officer, to the Executive
Officer. The hearing officer may recommend to the Executive Officer
any of the following:
a. uphold the denial as issued;
b. modify the denial; or
c. overturn the denial in its entirety.
15. The Executive Officer shall render a final written decision within
60 working days of the last day of hearing. The Executive Officer may
do any of the following:
a. adopt the hearing officer's proposed decision;
b. modify the hearing officer's proposed decision; or
c. render a decision without regard to the hearing officer's proposed
decision.
(B) Appeals — Hearing Conducted by Written Submission. In lieu of
the hearing procedure set forth in (A) above, an applicant may request
that the hearing be conducted solely by written submission. In such case
the requestor must submit a written explanation of the basis for the appeal
and provide supporting documents within 20 days of making the request.
Subsequent to such a submission the following shall transpire:
1 . ARB staff shall submit a written response to the requestor' s submis-
sion and documents in support of the Executive Officer's action no later
than 10 days after receipt of requestor's submission;
2. The applicant may submit one rebuttal statement which may include
supporting information, as attachment(s), but limited to the issues pre-
viously raised;
3. If the applicant submits a rebuttal, ARB staff may submit one rebut-
tal statement which may include supporting information, as attach-
ments), but limited to the issues previously raised; and
4. The hearing officer shall be designated in the same manner as set
forth in section 2449(e)(8)(A)3. above. The hearing officer shall receive
all statements and documents and submit a proposed written decision and
such other documents as described in section 2449(e)(8)(A) 1 3. above to
the Executive Officer no later than 30 working days after the final dead-
line for submission of papers. The Executive Officer's final decision
shall be mailed to the applicant no later than 60 days after the final dead-
line for submission of papers.
5. The Executive Officer shall render a final written decision within
60 working days of the last day of hearing. The Executive Officer may
do any of the following:
a. adopt the hearing officer's proposed decision;
b. modify the hearing officer's proposed decision; or
c. render a decision without regard to the hearing officer's proposed
decision.
(9) Compliance Flexibility for Delays in Availability of Tier 3 or Tier
4 Vehicles — If the Executive Officer finds that there is a delay in avail-
ability of vehicles with engines meeting the Tier 3 or Tier 4 interim or
final emission standards so that vehicles with Tier 3 or Tier 4 interim or
final engines to meet a fleet's needs are not available or not available in
sufficient numbers or in a sufficient range of makes, models, and sizes,
then the Executive Officer may grant an extension to the fleet from the
requirements in sections 2449.1(a)(1), 2449.2(a)(1), 2449.1(a)(2) and
2449.2(a)(2). If such a delay affects a group of fleets, the Executive Offi-
cer may issue an extension to all fleets with similar characteristics. Any
such delay must be documented based on verifiable information from the
fleet regarding its vehicle needs and/or verifiable information from the
equipment manufacturer, engine manufacturer, distributor, and/or dealer
regarding the unavailability of appropriate vehicles with Tier 3 or Tier
4 interim or final engines.
(10) Exemption for Vehicles Awaiting Sale — Vehicles in the posses-
sion of dealers, financing companies, or other entities who do not intend
to operate the vehicle nor offer the vehicle for hire, that are operated only
to demonstrate functionality to potential buyers or to move short dis-
tances while awaiting sale or for maintenance purposes are exempt from
all requirements in sections 2449, 2449.1, 2449.2, and 2449.3.
(1 1) Exemption for Vehicle Used Over Half the Time for Agriculture
— A vehicle that is used by its owner for agricultural operations for over
half of its annual operating hours but that is not used exclusively for agri-
cultural operations is exempt from the performance requirements in sec-
tion 2449(d), 2449.1(a), and 2449.2(a), but still must be labeled and re-
ported in accordance with sections 2449(f) and (g). Vehicles used
exclusively for agricultural operations are completely exempt from the
performance, labeling, and reporting requirements. A vehicle that is
rented or leased for use by others is exempt only if it is exclusively used
for agricultural operations.
(12) Exemption for Vehicles Used Solely on San Nicolas or San Cle-
mente Islands — Vehicles used solely on San Nicolas or San Clemente
Islands are exempt from all requirements in section 2449. If the land use
plans for the islands are changed to allow use by the general public of the
islands, this exemption shall no longer be applicable.
(13) Exemption for Job Corps Vehicles — Vehicles used by the Job
Corps nonprofit apprenticeship training program are exempt from the
performance requirements in sections 2449(d), 2449.1(a), 2449.2(a) and
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2449.3(d) but still must be labeled and reported in accordance with sec-
tions 2449(f) and (g).
(f) Labeling —
All vehicles with engines subject to the regulation must be labeled
with an ARB-issued equipment identification number (EIN). Electric
and alternative fuel vehicles, stationary or portable systems, and gaso-
line-powered vehicles used to replace diesel vehicles under section
2449(d)( I )(C) must also be labeled with an ARB-issued EIN. ARB will
issue unique EIN to the fleet owner for each vehicle subject to the regula-
tion in response to the initial reporting described in section 2449(g)(1)
and, for vehicles added in the 30 days before the annual reporting date,
the annual reporting described in section 2449 (g)(2). Vehicles with two
engines that provide motive power will receive two EINs. All owners of
vehicles subject to the regulation must comply with the following label-
ing requirements.
(1 ) Application for EIN for added vehicle — Notwithstanding the re-
quirements for vehicles used for emergency operations in section
2449(e)(3), i f a fleet owner adds a vehicle to his California fleet or brings
a vehicle into California from outside the state, the fleet owner has 30
days from the date of purchase or the date the vehicle enters California
to apply to ARB for an EIN or, if the vehicle already has an EIN, to inform
ARB of the purchase using forms approved by the Executive Officer for
submittal of required reporting information. If the reporting date under
section 2449(g)(2) occurs before 30 days after purchase, the annual re-
porting may serve as the application for an EIN.
Applications for an equipment identification number should be sub-
mitted electronically per the guidelines approved by the Executive Offi-
cer for electronic data reporting, or mailed or delivered to ARB at the ad-
dress listed immediately below:
CALIFORNIA AIR RESOURCES BOARD
MOBILE SOURCE CONTROL DIVISION (1N-USE OFF-ROAD DIESEL)
P.O. BOX 2815
SACRAMENTO, CA 95812.
(2) Affixing Equipment Identification Number — Within 30 days of re-
ceipt of the ARB-issued EIN, fleet owners shall permanently affix or
paint the EIN(s) on the vehicle in clear view according to the following
specification:
(A) The EIN shall be white on a red background.
(B) The EIN shall be located in clear view on the right (starboard) side
of the outside of the vehicle approximately 5 feet above the ground, or,
if the vehicle is not 5 feet tall, lower on the vehicle.
(C) Each character shall be at least 3 inches (7.6 centimeters) in height
and 1.5 inches (3.8 centimeters) in width.
(D) The EIN shall be maintained in a manner that retains its legibility
for the entire life of the vehicle.
(g) Reporting —
Reporting is required for each and every fleet. Large and medium
fleets may report separately for different divisions or subsidiaries of a
given company or agency. Fleet owners may submit reporting informa-
tion using forms (paper or electronic) approved by the Executive Officer.
(1) Initial reporting — All fleet owners must submit the information
in section 2449(g)(1)(A) through (G) to ARB by their initial reporting
date. In the initial reporting, fleet owners must report information regard-
ing each vehicle subject to this regulation that was in their fleet on March
1, 2009. Systems or non-diesel fueled vehicles that are used in place of
a vehicle that would be subject to this regulation must also be reported.
The initial reporting date for large fleets is April 1, 2009. The initial re-
porting date for medium fleets is June 1, 2009. The initial reporting date
for small fleets is August 1 , 2009. Reports must include the following in-
formation:
(A) Fleet Owner —
1. Fleet owner's name;
2. Corporate parent name (if applicable);
3. Corporate parent taxpayer identification number (if applicable);
4. Company taxpayer identification number;
5. Address;
6. Responsible person name;
7. Responsible person title;
8. Contact name;
9. Contact phone number;
10. Contact email address (if available);
1 1. Whether the fleet owner is a low population county local munici-
pality fleet;
12. Whether the fleet owner has an approval from the Executive Offi-
cer to be treated as if in a low-population county;
13. Whether the fleet owner is a non-profit training center;
14. Whether the fleet has an idling policy documented and available
to employees;
15. Whether the fleet is using a fuel-based strategy as an emissions
control strategy;
16. Whether the fleet is a Captive Attainment Area Fleet.
(B) Vehicle List — A list of each vehicle subject to this regulation
along with the following information for each vehicle:
1. Vehicle type;
2. Vehicle manufacturer;
3. Vehicle model;
4. Vehicle model year;
5. Vehicle serial number;
6. Whether the vehicle is a low-use vehicle;
7. If the vehicle is a low-use vehicle, whether the vehicle was operated
outside of California during the previous compliance year;
8. Whether the vehicle is a specialty vehicle;
9. Whether the vehicle is a vehicle used solely for emergency opera-
tions;
10. Whether the vehicle is a dedicated snow removal vehicle;
1 1 . Whether the vehicle is used for agricultural operations for over half
of its annual operating hours;
12. Whether the vehicle is an electric vehicle that replaced a diesel ve-
hicle;
13. Whether the vehicle has been retrofit, repowered, or replaced with
Surplus Off-road Opt-in for NOx program funding and, if so, the start
and end dates of the contract period;
1 4. Whether the vehicle has been retrofit, repowered, or replaced with
Carl Moyer program funding;
15. Whether the vehicle has been retrofit through a demonstration pro-
gram, and — if so — which program;
16. EIN if it has already been assigned.
(C) Engines — For each engine that powers a vehicle listed per section
2449(g)(1)(B) report the following information.
1 . Engine manufacturer;
2. Engine model;
3. Engine family (if any);
4. Engine serial number;
5. Engine model year;
6. Engine maximum power;
7. Engine displacement;
8. Whether the engine is a repower and — if so — date repowered;
9. If the engine is a Post- 2007 flexibility engine, an engine certified
to on-road standards, or an engine certified by ARB or U.S. Environmen-
tal Protection Agency to a lower emission standard than shown in Appen-
dix A, the emission standard to which the engine is certified and the certi-
fication Executive Order or certificate number;
10. Whether the engine has been rebuilt to a more stringent emissions
configuration.
(D) Verified Diesel Emission Control Strategies — For each VDECS
that is installed on an engine listed per section 2449(g)(1)(C) report the
following information.
1. VDECS Manufacturer;
2. VDECS Model;
3. Verification level;
4. Verified percent NOx reduction (if any);
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5. Date installed;
(E) Non-Diesel Vehicle Used in Place of a Diesel Vehicle — For each
electric, alternative fueled, or gasoline fueled vehicle, report the informa-
tion listed in sections 2449(gX J )(B)1. through 2449(g)(l)(B)5. and sec-
tions 2449(g)(1)(C) 1. through 2449(g)(J)(C)6. as well as
1 . Date purchased;
2. If the vehicle replaced a diesel vehicle in the fleet, the horsepower
of the diesel vehicle replaced and the date replaced;
3. If not electric, the NOx and PM emission factor;
(F) Stationary or Portable Systems Used in Place of a Diesel Vehicle
— For stationary or portable systems that are used in place of a diesel ve-
hicle, report the following information:
1 . Description of the system;
2. Type and number of vehicles that would otherwise be used;
3. Horsepower of the vehicle(s) that would otherwise be used;
(G) Credit for Early Actions — Fleet owners claiming credit for early
action must report information required under sections 2449(g)(l)(B)l.
through 2449(g)(l)(B)5. and sections 2449(g)( 1 )(C) 1 . through
2449(g)(l)(C)6. for each vehicle for which credit is claimed. As ap-
propriate, the following information must also be reported:
1. For each vehicle within the fleet that was repowered with a Tier 1
or newer engine prior to March 1 , 2009, the date of repower;
2. For each vehicle within the fleet that was retrofit with the highest
level VDECS available at the time of retrofit prior to March 1 , 2009, the
date of retrofit and whether Carl Moyer Incentive Program funding was
used to pay for the retrofit;
3. Fleet owners claiming early credit for retirement of Tier 0 vehicles
per section 2449.1(a)(2)(A)(2)a.ii. must report information on each and
every vehicle within the fleet between March 1 , 2006 and March 1 , 2009,
as required under sections 2449(g)(1)(B) 1. through 2449(g)(l)(B)4. and
sections 2449(g)(l)(C)l. through 2449(g)(l)(C)6. as well as the date of
any purchase and/or retirement between March 1, 2006 and March 1,
2009.
(2) Annual Reporting and Compliance Certification — All fleet own-
ers must review and update the information submitted under section
2449(g)(1) annually, and submit the information in section
2449(g)(2)(A) through (C) to ARB by the reporting date of each subse-
quent reporting year. The large fleet reporting date is April 1 , the medium
fleet reporting date is June 1 , and the small fleet reporting date is August
1. Fleet owners must report information regarding each vehicle subject
to this regulation as it was on March 1 of the reporting year. Large fleets
must report annually each year from 2010 to 2021. Medium fleets must
report annually each year 201 2 to 2021 . Small fleets must report annual ly
each year from 2014 to 2026. Any fleet that fails to meet the fleet average
target rate for the final target date in section 2449.1(a)(1) or 2449.2(a)(1)
must continue to report annually each year until it does so. After the final
target date in 2449.2(a)(1), any fleet that is required to apply VDECS un-
der section 2449.2(a)(2) must continue to report each year until the
March 1 after all such retrofits are complete. Any fleet that operates des-
ignated low-use vehicles must continue to report annually for each low-
use vehicle for as long as the fleet owns or operates the vehicle. Fleets
may use forms (paper or electronic) approved by the Executive Officer
for submittal of the required reporting information.
(A) Compliance Certification — A certification signed by a responsi-
ble official or a designee thereof that the information reported is accurate
and that the fleet is in compliance with the regulation. The certification
must be submitted on a form (paper or electronic) approved by the Execu-
tive Officer. If a designee signs the compliance certification, a written
statement signed by the responsible official designating the designee
must be attached to the compliance certification and submitted to ARB.
If the fleet is a Captive Attainment Area Fleet, the certification must certi-
fy that the fleet's vehicles did not operate outside the counties listed in
2449(c)(6).
(B) Changes Since Last Reporting — If any information reported per
section 2449(g)(1) has changed since either the initial or last annual re-
port filed with ARB, the fleet owner must, in its next annual report identi-
fy such changes. Such changes include vehicles removed from the fleet,
vehicles added to the fleet through purchase or by bringing into Califor-
nia, vehicles newly designated as low-use or specialty vehicles, repow-
ers, and retrofits. If there are no changes, the fleet shall indicate that there
have been no changes since the last report.
(C) Engine Hbur Meter Readings — Engine hour meter readings must
be reported for each engine in the following cases.
1. If the fleet has chosen the hours in fleet average option, the fleet
owner shall report two engine hour meter readings, one from on or before
March 1 of the prior year and one from on or after March 1 of the current
year, and the dates of reading for every engine in the fleet.
2. For vehicles that fleet owners intend to designate as low-use, report
two engine hour meter readings, one from on or before March 1 of the
prior year and one from on or after March 1 of the current year, and the
dates of reading. If using the three-year rolling average definition of
low-use, report two hour meter readings, one from on or before March
1 of the first year of the three year period and one from on or after March
1 of the current year. Low-use vehicles used in emergency operations,
must report the total hours used in emergency operations. Additionally,
for vehicles designated as low-use that operate both inside and outside
California, the fleet owner shall submit a log that contains the following
information.
a. Each date the vehicle entered California and the hour meter reading
upon entry;
b. Each date the vehicle exited California and the hour meter reading
upon exit.
3. For vehicles that are used in agricultural operations, the fleet owner
shall report two engine hour meter readings, one from on or before March
1 of the prior year and one from on or after March 1 of the current year,
and the dates of such readings. Also the fleet owner shall report, the total
number of hours the vehicle has been used in non-agricultural use.
(3) New Fleet Reporting — New fleets must submit the information in
section 2449(g)(1)(A) through (G) to ARB for vehicles subject to the reg-
ulation within 30 days of purchase or bringing such vehicles into the
State. Beginning the first March 1 that is more than 30 days after the date
of purchase or bringing a vehicle into the State, new fleets must comply
with the annual reporting requirements in section 2449(g)(2).
(h) Record keeping —
Fleet owners must maintain copies of the information reported under
section 2449(g), as well as the records described in section 2449(h) be-
low, and provide them to an agent or employee of the ARB within five
business days upon request. Records must be kept at a location within the
State of California.
(1) Changes Since Last Reporting Period — Documentation of any
additions, deletions, or changes to the fleet since the last reporting. Docu-
mentation may include bills of sale, purchase orders, or other documenta-
tion.
(2) Vehicles Not Yet Labeled — For newly purchased or acquired ve-
hicles or vehicles recently brought into the state that have not yet been
labeled per section 2449(f)(2), records must be kept of the vehicle pur-
chase date or the date the vehicle entered the state.
(3) Engines Rebuilt to a More Stringent Emissions Configuration —
Records of engines that are rebuilt to a more stringent emissions configu-
ration in accordance with Title 40, CFR, Part 89. 130 and Part 1068.120
must be kept as long as the engine remains in operation. For a fleet to
claim credit for rebuild to a more stringent emissions configuration of a
Tier 1 engine rated at or above 37 kW that is exempt from the require-
ments in Title 40, CFR, Part 89.130 and title 13, CCR, section 2423(/),
the Tier 1 engine must be rebuilt in accordance with the rebuild practices
of those sections and the fleet must keep the records that would have been
required if the engine were not exempt from those requirements. Records
must include the following information:
(A) The name of the company that performed the rebuild, address,
contact name, and contact phone number for that company;
(B) An invoice, or proof of purchase of the engine rebuild;
(C) The date(s) the engine upgrade was performed;
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(D) All records required under Title 40, CFR, Part 1068. 120 or, for en-
gines exempt from Title 40, CFR, Part 1068.1 20, the records that would
be required if the engine were not exempt;
(E) All records required under title 13, CCR, section 2423(7) or, for en-
gines exempt from 13, CCR, section 2423(7), the records that would be
required if the engine were not exempt.
(4) VDECS Failure — Records of any VDECS failure and replace-
ment.
(5) VDECS Serial Numbers — Records of the serial numbers of the
VDECS installed on each vehicle.
(6) Manufacturer Delay — For any vehicles or VDECS for which the
fleet owner is utilizing the equipment manufacturer delay provision in
section 2449(e)(6), proof of purchase, such as a purchase order or signed
contract for the sale, including engine specifications for each applicable
piece of equipment or vehicle.
(7) Records Pertaining to Executive Officer Approval — Records of
Executive Officer approval of any of the following:
(A) A waiver to allow additional idling in excess of 5 consecutive min-
utes;
(B) Upon discontinuation of a fuel verified as a Diesel Emission Con-
trol Strategy, approval for up to two years additional time to come back
into compliance with the applicable fleet average requirement;
(C) A finding that a VDECS should not be considered the highest level
VDECS available due to safety concerns;
(D) Approval to use the maximum power of a diesel vehicle that serves
the same function as an electric vehicle;
(E) Approval of an alternative fuel vehicle NOx emission standard;
(F) Approval of a vehicle designation as a specialty vehicle;
(G) Approval of and experimental diesel PM control strategy;
(H) Approval to grant an extension to the fleet from the requirements
when Tier 4 vehicles are not available;
(I) Approval to use a fuel strategy as an emissions control strategy as
in section 2449(e)(2);
(8) Record Retention — Each fleet owner shall maintain the records
for each vehicle subject to the regulation until it is retired and for the over-
all fleet as long as the owner has a fleet or March 1, 2030, whichever is
earlier. If vehicle ownership is transferred, the seller shall convey the ve-
hicle records including vehicle data per section 2449(g)(1)(B), engine
data per section 2449(g)(1)(C), and VDECS data per section
2449(g)(1)(D) to the buyer. If fleet ownership is transferred, the seller
shall convey the fleet records including fleet data per sections
2449(g)(1)(A) through (G) to the buyer. Dealers must maintain records
of the disclosure of regulation applicability required by Section 2449(j)
for three years after the sale.
(i) Right of Entry —
For the purpose of inspecting off-road vehicles and their records to de-
termine compliance with these regulations, an agent or employee of
ARB, upon presentation of proper credentials, has the right to enter any
facility (with any necessary safety clearances) where off-road vehicles
are located or off-road vehicle records are kept.
(j) Disclosure of Regulation Applicability —
Any person selling a vehicle with an engine subject to this regulation
in California must provide the following disclosure in writing to the buy-
er on the bill of sale, "When operated in California, any off-road diesel
vehicle may be subject to the California Air Resources Board In-Use
Off-road Diesel Vehicle Regulation. It therefore could be subject to ret-
rofit or accelerated turnover requirements to reduce emissions of air pol-
lutants. For more information, please visit the California Air Resources
Board website at http://www.arb.ca.gov/msprog/ordiesel/ordiesel.
htm."
(k) Penalties —
Any person who fails to comply with the performance requirements
of this regulation, who fails to submit any information, report, or state-
ment required by this regulation, or who knowingly submits any false
statement or representation in any application, report, statement, or other
document filed, maintained, or used for the purposes of compliance with
this regulation may be subject to civil or criminal penalties under sections
39674^ 39675, 42400, 42400.1, 42400.2, 42400.3.5, 42402, 42402.1,
42402.2, 42402.4. 42403, and 43016 of the Health and Safety Code. In
assessing penalties, the Executive Officer will consider factors, includ-
ing but not limited to the willfulness of the violation, the length of time
of noncompliance, whether the fleet made an attempt to comply, and the
magnitude of noncompliance.
(/) ARB Certificate of Reported Compliance —
After the initial reporting required by section 2449(g)(1) and the annu-
al reporting and compliance certification required by section 2449(g)(2)
is received by ARB, if the reporting indicates the fleet is in compliance
with the requirements of the in-use off-road diesel vehicle regulation,
ARB will provide the fleet with a Certificate of Reported Compliance
with the In-Use Off-road Diesel Vehicle Regulation.
(m) Severability —
If any subsection, paragraph, subparagraph, sentence, clause, phrase,
or portion of section 2449, 2449.1, 2449.2, or 2449.3 of this regulation
is, for any reason, held invalid, unconstitutional, or unenforceable by any
court of competent jurisdiction, such portion shall be deemed as a sepa-
rate, distinct, and independent provision, and such holding shall not af-
fect the validity of the remaining portions of the regulation.
NOTE: Authority cited: Sections 39002, 39515, 39516, 39600, 39601, 39602,
39650, 39656, 39658, 39659, 39665. 39667, 39674, 39675. 40000, 41511, 42400,
42400.1, 42400.2, 42400.3.5, 42402, 42402.1, 42402.2, 42402.4, 42403, 43000,
43000.5, 43013, 43016 and 43018, Health and Safety Code. Reference: Sections
39002, 39515, 39516, 39600, 39601, 39602, 39650, 39656, 39657, 39658, 39659,
39665, 39667, 39674, 39675, 40000, 4151 1, 42400, 42400.1, 42400.2, 42402.2,
43000, 43000.5, 43013, 43016 and 43018, Health and Safety Code.
History
1 . New article 4.8 (sections 2449-2449.3) and section filed 5-16-2008; operative
6-15-2008 (Register 2008, No. 20).
§ 2449.1 . NOx Performance Requirements.
(a) Peifonnance Requirements
Each fleet must meet the fleet average requirements in this section by
March 1 of each year or demonstrate that it met the best available control
technology (BACT) requirements as described in section 2449.1(a)(2).
There are differing requirements for large and medium fleets. Small
fleets are not subject to the NOx performance requirements.
If various portions of a fleet are under the control of different responsi-
ble officials because they are part of different subsidiaries, divisions, or
other organizational structures of a company or agency, the fleet portions
may comply with the performance requirements separately and be re-
ported separately. A fleet may have some fleet portions that meet the defi-
nition of captive attainment area fleet and some fleet portions that do not.
However, the total maximum power of the vehicles under common own-
ership or control determines the fleet size. Once a fleet begins to comply
and report separately as fleet portions, the fleet portions must continue
to comply and report separately, and the fleet portions must meet the ad-
ding vehicle requirements in section 2449(d)(7) just as if they were sepa-
rate fleets.
Fleets owned by low-population county local municipalities are sub-
ject to the small fleet requirements, even if their total maximum power
exceeds 2,500 horsepower. Captive attainment area fleets are not subject
to the NOx performance requirements. Section 2449(d)(4) describes re-
quirements for fleets that change size.
(1) Fleet Average Requirements
(A) Fleet Average Requirements for Large and Medium Fleets
1 . NOx Fleet Average — For each compliance date, a large or medium
fleet that is not a captive attainment area fleet must demonstrate that its
NOx Index was less than or equal to the calculated NOx Target Rate.
The equation for calculating NOx Target Rate is below:
Page 298.56
Register 2008, No. 20; 5-16-2008
Title 13
Air Resources Board
§ 2449.1
•
NOx Target Rate = [SUM of (Max Hp for each engine in fleet multiplied
by
Target for each engine in fleet) for all engines in
fleet] divided by [SUM of (Max Hp) for all engines
in fleet]
where Target is the NOx target in g/bhp-hr from
Table 1 . To find the Target for each engine, read the
value for the appropriate row based on the com-
pliance year and the appropriate column based on
the engine's maximum power from Table 1.
Table J — Large and Medium Fleet NOx Targets
For Use in Calculating NOx Target Rates [g/bhp-hr]
NOx Targets for each Max Hp Group
The equation for calculating NOx Index is below:
NOx Index = [SUM of (Max Hp for each engine in fleet multiplied
by NOx Emission Factor for each engine in fleet) for
all engines in fleet] divided by [SUM of (Max Hp)
for all engines in fleet]
Table 1 shows the targets used to calculate the NOx Target Rate for
each compliance date for large and medium fleets. The Emission Factors
are defined in Appendix A.
Compliance
March J of
■ Date:
Year
25^9 hp
50-74 hp
75-99 hp
100-174 hp
J 7 5-299 hp
300-599 hp
600-750 hp
>750hp
2010 (large
fleets
only)
5.8
6.5
7.1
6.4
6.2
5.9
6.1
7.2
201 1 (large
fleets only)
5.6
6.2
6.7
6.0
5.8
5.5
5.6
6.8
2012 (large
fleets
only)
5.3
5.8
6.2
5.5
5.3
5.1
5.2
6.5
2013
5.1
5.5
5.7
5.1
4.9
4.7
4.8
6.1
2014
4.9
5.1
5.2
4.7
4.5
4.3
4.4
5.7
2015
4.6
4.8
4.8
4.3
4.1
3.9
4.0
5.3
2016
4.4
4.4
4.3
3.8
3.6
3.5
3.6
4.9
2017
4.2
4.1
3.8
3.4
3.2
3.1
3.2
4.5
2018
2019
2020
4.0
3.7
3.5
3.7
3.4
3.2
3.3
2.8
2.4
3.0
2.6
2.3
1.9
2.7
2.3
1.9
2.7
2.3
1.9
4.1
3.8
3.4
(2) BACT Requirements — Each year, each fleet must determine if it
will be able to meet the fleet average requirements for the next March 1
compliance date, and if not, the following BACT requirement must be
met. If a fleet does not meet the NOx target rate in section 2449.1(a)(1),
it must meet the BACT turnover requirements in section 2449. 1 (a)(2)(A)
below.
(A) Turnover Requirements for Fleets Not Meeting NOx Target Rate
— A fleet may meet the turnover requirements by retiring a vehicle, des-
ignating a vehicle as a low-use vehicle, repowering a vehicle, rebuilding
the engine to a more stringent emissions configuration, or applying a
VDECS verified to achieve NOx reductions. If repowering a vehicle or
rebuilding the engine to a more stringent emissions configuration, the
new engine must be Tier 2 or higher and must be a higher tier than the
engine replaced or rebuilt. The method for counting VDECS verified to
achieve NOx reductions is specified in section 2449.1(a)(2)(A)8.
1 . Turnover Rate — If a fleet does not meet the NOx Target Rate in
section 2449.1(a)(1) on a compliance date on or before March 1, 2015,
it must demonstrate on the applicable compliance date that it has turned
over 8 percent of the total maximum power of the fleet that existed on
March 1 of the previous year since March 1 of the previous year. If a fleet
does not meet the NOx Target Rate in section 2449.1(a)(1) on a com-
pliance date after March 1, 2015, it must demonstrate on the applicable
compliance date that it turned over 10 percent of its total maximum pow-
er that existed on March I of the previous year since March 1 of the pre-
vious year. Any carryover turnover credit previously accrued may be ap-
plied towards the turnover required in a later year.
2. Carryover turnover credit —
a. Beginning — All fleets other than those meeting the criteria in (i)
or (ii) or (iii) below begin with zero carryover turnover credit on March
1, 2009. All fleets may begin accumulating carryover turnover credit on
March 1,2010.
i. Credit for Early Repowers — Fleets that have repowered their ve-
hicles with Tier 1 or higher engines before March I, 2009 begin with a
carryover turnover credit (in horsepower) equal to: the maximum power
of Tier 1 or higher repower engines installed in affected vehicles before
March 1, 2009. The credit can only be claimed for engines that remain
in the fleet. To claim credit, fleets must keep adequate records as de-
scribed in section 2449(h).
ii. Credit for Early Retirement — Fleets that have retired their Tier 0
vehicles at an average rate greater than 8 percent of total maximum power
per year between March 1 , 2006 and March 1 , 2009 begin with carryover
turnover credit (in horsepower) equal to: [(Total maximum power of Tier
0 vehicles retired between March 1 , 2006 and March 1 , 2009) minus (To-
tal maximum power of Tier 0 vehicles added between March 1 , 2006 and
March 1, 2009)] minus [(Total maximum power of fleet on March 1,
2007 times 0.08) plus (Total maximum power of fleet on March 1, 2008
times 0.08) plus (Total maximum power of fleet on March 1 , 2009 times
0.08)]. Tier 0 vehicles repowered with newer engines are counted under
(i) above and shall not be counted under (ii). To claim such credit, fleets
must keep adequate records as described in section 2449(h).
iii. Credit for Early NOx Retrofits — Fleets that have installed VDECS
that have been verified as achieving NOx reductions on their vehicles be-
fore March 1 , 2009 begin with a carryover turnover credit (in horsepow-
er) equal to: (Verified Percent NOx Reduction divided by 60 percent)
multiplied by (Maximum power on which VDECS verified to achieve
NOx reductions was installed before March 1, 2009).
b. Accumulating carryover turnover credit —
i. 2010-2015 — From March 1, 2010 through March 1, 2015, a fleet
accumulates carryover turnover credit each year it turns over more than
8 percent of its maximum power. The amount accumulated is the maxi-
mum power turned over in excess of 8 percent in the 1 2 months prior to
March 1 of the year in which the carryover is calculated.
ii. After 2015 — After March 1, 2015, a fleet accumulates carryover
turnover credit each year it turns over more than 10 percent of its maxi-
mum power. The amount accumulated is the maximum power turned
over in excess of 10 percent in the 12 months prior to March 1 of the year
in which the carryover is calculated.
c. Using carryover turnover credit — Accumulated carryover turnover
credit may be applied to meeting the turnover requirements of section
2449. 1 (a)(2)(A) 1 in a later year. The amount of carryover turnover credit
Page 298.57
Register 2008, No. 20; 5-16-2008
§ 2449.2
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
used to meet the turnover requirements in any one year is subtracted from
the carryover turnover credit total available in subsequent years. The
amount of actual turnover plus the amount of carryover turnover credit
used must equal the minimum BACT turnover required by section
2449.1(a)(2)(A)].
3. Order of turnover — All engines in a fleet that were not subject to
a PM standard for new engines (Tier 0 and Tier 1 with no PM standard,
i.e., Tier 1 engines between 50 and 174 horsepower), except those in ve-
hicles that qualify for an exemption under section 2449. l(a)(2)(A)4.,
must be turned over before turnover of any other higher tier engines may
be counted toward the turnover requirements in section 2449.1(a)(2)(A)
or toward accumulating carryover turnover credit.
4. Exemptions — A vehicle is exempt from the turnover of section
2449. 1 (a)(2)(A) 1 . if all vehicles in the fleet that do not qualify for an ex-
emption under this section have been turned over and the vehicle meets
one of the following conditions:
a. On the compliance date, the vehicle is less than 10 years old from
the date of manufacture;
b. The vehicle meets all of the following specialty vehicle criteria:
i. The fleet has turned over all other vehicles first,
ii. No repower is available for the specialty vehicle, as demonstrated
to the Executive Officer,
iii. A used vehicle with a cleaner engine is not available to serve a func-
tion and perform the work equivalent to that of the specialty vehicle, as
demonstrated to the Executive Officer, and
iv. The specialty vehicle has been retrofit with highest level VDECS,
c. The vehicle has been retrofitted within the last six years with a Level
2 or 3 VDECS that was highest level VDECS at the time of retrofit, or
d. The vehicle has a Tier 4 interim or Tier 4 final engine.
5. Delay Tier 1 turnover — All vehicles with a Tier 1 or higher engine
are exempt from the turnover requirement until March 1, 2013, provided
that all Tier 0 vehicles in the fleet owner's fleet that do not qualify for an
exemption under section 2449.1(a)(2)(A)4. have been turned over.
6. Designating vehicle as low-use — A fleet may designate a vehicle
that was formerly used 1 00 hours or more per year as low-use by limiting
its use to less than 100 hours per year and committing to keep its use less
than 100 hours per year.
a. Only vehicles formerly used 100 hours or more per year may be so
designated. Vehicles so designated may be counted toward the turnover
requirements.
b. Once designated as low-use, a vehicle may never again be used
more than 100 hours per year by the fleet unless the vehicle meets the ad-
ding vehicles requirements in section 2449(d)(7).
c. A fleet is not obliged to designate a vehicle whose use drops below
1 00 hours per year as low-use, or to count it toward the turnover require-
ments. If such a vehicle is not designated as low-use, its use may increase
beyond 100 hours per year in subsequent years.
7. Rounding — If the horsepower required to be turned over under sec-
tion 2449.1 (a)(2)(A) is less than half of the maximum power of the lowest
horsepower engine in the fleet that is subject to the turnover require-
ments, the next engine is not required to be turned over. However, on the
next year's compliance date, any horsepower not turned over due to this
rounding provision must be added to the required turnover under section
2449. 1 (a)(2)(A). Once the required horsepower to be turned over equals
or exceeds half of the maximum power of the next engine in the fleet that
is subject to the turnover requirements, the next engine must be turned
over.
8. Turnover Credit for NOx Retrofits — VDECS that have been veri-
fied as achieving NOx reductions may be used to satisfy the turnover re-
quirements in section 2449.1(a)(2)(A)! on each compliance date as fol-
lows:
Turnover credit for NOx retrofits equals (Verified Percent NOx Re-
duction divided by 60 percent) multiplied by (Maximum power on which
VDECS verified to achieve NOx reductions was installed in last 12
months). Turnover credit for NOx retrofits may be applied to meet the
turnover requirements of section 2449. 1 (a)(2)(A) 1 or to accumulate car-
ryover turnover credit.
NOTE: Authority cited: Sections 39002, 39515, 39516, 39600, 39601, 39602,
43000, 43000.5, 43013, 43016 and 43018, Health and Safety Code. Reference:
Sections 39002, 39515, 39516, 39600, 39601, 39602, 39650, 39656, 39657,
39658, 39659, 39665, 39667, 43000, 43000.5, 43013, 43016 and 43018, Health
and Safety Code.
History
1. New section filed 5-16-2008; operative 6-15-2008 (Register 2008, No. 20).
§ 2449.2. PM Performance Requirements.
(a) Performance Requirements —
Each fleet must meet the fleet average requirements in section
2449.2(a)(1) by March 1 of each year or demonstrate that it met the best
available control technology (BACT) requirements as described in sec-
tion 2449.2(a)(2). There are differing requirements for large and me-
dium, and small fleets. If various portions of a fleet are under the control
of different responsible officials because they are part of different subsid-
iaries, divisions, or other organizational structures of a company or
agency, the fleet portions may comply with the performance require-
ments separately and be reported separately. However, the total maxi-
mum power of the vehicles under common ownership or control deter-
mines the fleet size. Fleets owned by low-population county local
municipalities are subject to the small fleet requirements, even if their to-
tal maximum power exceeds 2,500 horsepower. Section 2449(d)(4) de-
scribes requirements for fleets that change size.
(1) Fleet Average Requirements
(A) Fleet Average Requirements for Large and Medium Fleets
1. Diesel PM Fleet Average — For each compliance date, a large or
medium fleet must demonstrate that its Diesel PM Index was less than or
equal to the calculated Diesel PM Target Rate.
The equation for calculating Diesel PM Target Rate is below:
Diesel PM
Target Rate =[SUM of (Max Hp for each engine in fleet multi-
plied by Target for each engine in fleet) for all en-
gines in fleet] divided by [SUM of (Max Hp) for all
engines in fleet]
where Target is the Diesel PM target in g/bhp-hr
from Table 2. To find the Target for each engine,
read the value for the appropriate row based on the
compliance year and the appropriate column based
on the engine's maximum power from Table 2.
The equation for calculating Diesel PM Index is below:
Diesel PM Index =[SUM of {Max Hp for each engine in fleet multi-
plied by PM Emission Factor for each engine in
fleet) for all engines in fleet] divided by [SUM of
(Max Hp) for all engines in fleet]
Table 2 shows the targets used to calculate the Diesel PM Target Rate
for each compliance date for large and medium fleets. The Emission Fac-
tors are defined in Appendix A.
Page 298.58
Register 2008, No. 20; 5-16-2008
Title 13
Air Resources Board
§ 2449.2
Table 2 — Large and Medium Fleet PM Targets
For Use in Calculating PM Target Rates [g/bhp-hr]
PM Targets for each Max Hp Group
Compliance
Date: March 1 of
Year
25-49
hp
50-74
hp
75-99
hp
100-174
hp
175-299
hp
300-599
hp
600-750
hp
>750
hp
2010 (large
fleets
only)
0.46
0.60
0.62
0.33
0.23
0.18
0.20
0.30
201 1 (large
fleets
only)
0.46
0.60
0.62
0.33
0.23
0.18
0.20
0.30
2012 (large
fleets
only)
0.39
0.43
0.46
0.26
0.16
0.14
0.14
0.24
2013
0.39
0.43
0.46
0.26
0.16
0.14
0.14
0.24
2014
0.29
0.23
0.24
0.18
0.11
0.11
0.11
0.18
2015
0.29
0.23
0.24
0.18
0.11
0.11
0.11
0.18
2016
0.21
0.18
0.19
0.14
0.08
0.08
0.08
0.11
2017
0.21
0.18
0.19
0.14
0.08
0.08
0.08
0.11
2018
0.12
0.12
0.13
0.10
0.06
0.06
0.06
0.08
2019
0.12
0.12
0.13
0.10
0.06
0.06
0.06
0.08
2020
0.08
0.08
0.07
0.06
0.03
0.03
0.03
0.06
(B) Fleet Average Requirements for Small Fleets — Small fleets must
meet a PM fleet average beginning in 2015. To meet the PM fleet aver-
age, for each compliance date, a small fleet must demonstrate that its Die-
sel PM Index was less than or equal to the calculated Diesel PM Target
Rate.
The equations for calculating Target Rates and Diesel PM Index are Diesel PM Index =[SUM of (Max Hp multiplied by PM Emission Fac-
where Target is the PM target in g/bhp-hr from
Table 3. To find the Target for each engine, read the
value for the appropriate row based on the com-
pliance year and the appropriate column based on
the engine's maximum power from Table 3.
below:
Diesel PM
Target Rate
Compliance
March J of
Date:
Year
25-49
hp
2015
0.46
2016
0.46
2017
0.39
2018
0.39
2019
0.29
2020
0.29
2021
0.21
2022
0.21
2023
0.12
2024
0.12
2025
0.08
tor) for each engine in fleet] divided by [SUM of
(Max Hp) for all engines in fleet]
=[SUM of ((Max Hp for each engine in fleet multi- Table 3 shows the tar§ets used t0 calculate the Diesel PM Target Rate
plied by Target for each engine in fleet)] divided by for each compliance date for small fleets. The Emission Factors are de-
[SUM of (Max Hp) for all engines in fleet] fined in Appendix A.
Table 3 - Small Fleet PM Targets
For Use in Calculating PM Target Rates [g/bhp-hr]
PM Targets for each Max Hp Group
50-74 75-99 100-174 175-299 300-599 600-750 >750
hp hp hp hp hp hp hp
0.60
0.60
0.43
0.43
0.23
0.23
0.18
0.18
0.12
0.12
0.08
0.62
0.62
0.46
0.46
0.24
0.24
0.19
0.19
0.13
0.13
0.07
0.33
0.33
0.26
0.26
0.18
0.18
0.14
0.14
0.10
0.10
0.06
0.23
0.23
0.16
0.16
0.11
0.11
0.08
0.08
0.06
0.06
0.03
0.18
0.18
0.14
0.14
0.11
0.11
0.08
0.08
0.06
0.06
0.03
0.20
0.20
0.14
0.14
0.11
0.11
0.08
0.08
0.06
0.06
0.03
0.30
0.30
0.24
0.24
0.18
0.18
0.11
0.11
0.08
0.08
0.06
(2) BACT Requirements — Each year, each fleet must determine if it quirements in section 2449.1(a)(2) in that year and then meet the BACT
will be able to meet the fleet average requirements for the next March 1 Retrofit Requirements in section 2449.2(a)(2)(A) in that year,
compliance date, and if not, the following BACT requirement must be (A) PM Retrofit Requirements for Fleets Not Meeting Diesel PM Tar-
met. If a fleet does not meet the Diesel PM Target Rate in section get Rate
2449.2(a)(1), it must meet the BACT Retrofit Requirements in section 1. PM Retrofit Rate — If a fleet does not meet the Diesel PM Target
2449.2(a)(2)(A). Fleets that fail to meet both an applicable NOx target Rate in section 2449.2(a)(1), it must demonstrate that it retrofit 20 per-
rate in section 2449.1(a)(1) and the Diesel PM Target Rates in section cent of its total maximum power (not including specialty vehicles retro-
2449.2(a)(1) in a compliance year must first meet the BACT turnover re- fitted and exempted from turnover in section 2449.1(a)(2)(A)4.b.) with
Page 298.59
Register 2008, No. 20; 5-16-2008
§ 2449.3
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
highest level VDECS since March I of the previous year. Any carryover
retrofit credit previously accrued may be applied toward the 20 percent
retrofit required. If the VDECS is not new (i.e., is being reused), it must
have been taken from a vehicle that is no longer operating in California.
Fleets may count acquisition of vehicles with Tier 4 interim or Tier 4 final
engines or retirement of Tier 0 vehicles toward the retrofit requirement
as described below.
a. Turnover to Tier 4 In Lieu of Retrofitting — If since March 1 of the
previous year, a fleet acquired Tier 4 interim or Tier 4 final engines al-
ready equipped with an original equipment manufacturer diesel particu-
late filter or vehicles equipped with such engines, the total maximum
power of the Tier 4 interim and Tier 4 final engines may be counted to-
ward the required hp to be retrofit under section 2449.2(a)(2)(A) 1. or
used to accumulate carryover PM retrofit credit if during that same peri-
od, the fleet also retired Tier 0, 1. 2, or 3 engines with that total maximum
power or greater.
b. Retirement of Tier 0 Vehicles in Lieu of Retrofitting for Fleets with
Reduced Horsepower — If since March 1 of the previous year, a fleet's
total maximum power has decreased, the lesser of the total maximum
power of Tier 0 vehicles retired since March 1 of the previous year and
the total horsepower by which the fleet has been decreased may be
counted toward the required hp to be retrofit under section
2449.2(a)(2)(A)] . Such retirement of Tier 0 vehicles may not be used to
accumulate carryover PM retrofit credit. Retired Tier 0 vehicles that are
counted toward the required hp to be retrofit under this subsection may
not be used in subsection a. above to demonstrate that the fleet retired
Tier 0, 1 , 2. or 3 engines with at least the total maximum power of the Tier
4 engines added.
c. Conversion of Diesel Vehicles to Alternative Fuel — Fleets that
convert a diesel vehicle subject to the regulation to alternative fuel may
count the max power of the vehicle converted toward the required hp to
be retrofit under section 2449.2(a)(2)(A)l. or to accumulate carryover
PM retrofit credit.
2. Carryover PM retrofit credit —
a. Beginning — All fleets other than those meeting the criteria in (i)
or (ii) below for vehicles remaining in their fleets begin with zero carry-
over retrofit credit on March 1, 2009.
i. Double Credit for Early PM Retrofits — Fleets that have installed
the highest level VDECS on their vehicles before March 1, 2009 begin
with a carryover retrofit credit equal to: 2 multiplied by total maximum
power of engines on which highest level VDECS was installed before
March 1, 2009, unless the contract for funding the VDECS stipulates
single credit for installation of the VDECS.
ii. Single Credit for Other PM Retrofits Before Initial Compliance
Date — Medium fleets that install highest level VDECS on their vehicles
between March 1 , 2009 and February 29, 2012 accumulate carryover ret-
rofit credit equal to total maximum power of engines on which highest
level VDECS was installed. Small fleets that install highest level VDECS
on their vehicles between March 1 , 2009 and February 28, 20 1 4 accumu-
late carryover retrofit credit equal to total maximum power of engines on
which highest level VDECS was installed.
b. Accumulating carryover PM retrofit credit — Beginning March 1,
2010 for large fleets, March 1, 2013 for medium fleets, and March 1,
2015 for small fleets, a fleet accumulates carryover retrofit credit each
year it retrofits more than 20 percent of its maximum power. The amount
accumulated is the percent of maximum power retrofit in excess of 20
percent in the past 1 2 months prior to March 1 .
c. Using carryover PM retrofit credit — Accumulated carryover retro-
fit credit may be applied to meeting the retrofit requirements of section
2449.2(a)(2)(A) 1 . in a later year. The amount of carryover retrofit credit
used to meet the retrofit requirements in any one year is subtracted from
the carryover retrofit credit total available in subsequent years. The
amount of actual retrofit plus the amount of carryover retrofit credit used
must equal the minimum BACT retrofit rate required by section
2449.2(a)(2)(A)(l).
3. Order of PM Retrofit — No Level 2 VDECS may be counted toward
the retrofit requirements in section 2449.2(a)(2)(A) until all engines in
vehicles older than 5 years for which the highest level VDECS available
is a Level 3 VDECS have been retrofit, except for specialty vehicles uti-
lizing the exemption in section 2449. l(a)(2)(A)4.b. for which Level 2 is
the highest level VDECS.
4. Exemptions — A vehicle is exempt from the retrofit requirements
in section 2449. 2(a)(2)(A) 1. if all vehicles in the fleet that do not qualify
for an exemption under the following conditions have been retrofitted,
and the vehicle meets one of the following conditions:
a. On the date of compliance, the vehicle is less than 5 years old from
the vehicle's date of manufacture,
b. There is no highest level VDECS available for the vehicle's engine
(i.e., there is no Level 2 or 3 VDECS, or there is no Level 2 or 3 VDECS
which can be used without impairing the safe operation of the vehicle as
demonstrated per section 2449(e)(8)),
c. The vehicle's engine is equipped with an original equipment
manufacturer diesel particulate filter that came new with the vehicle, or
d. The vehicle's engine has already been retrofitted with a Level 2 or
3 VDECS that was the highest level VDECS available at time of installa-
tion. An engine with a Level 2 VDECS that was not the highest level
VDECS at time of installation does not qualify for this exemption.
5. Rounding — If the horsepower required to be retrofit under section
2449.2(a)(2)(A) is less than half of the maximum power of the lowest
horsepower engine in the fleet that is subject to the retrofit requirements,
the next engine is not required to be retrofitted. However, on the next
year's compliance date, any horsepower not retrofit due to this rounding
provision must be added to the required retrofit under section
2449.2(a)(2)(A). Once the required horsepower to be retrofit equals or
exceeds half of the maximum power of the next engine in the fleet that
is subject to the retrofit requirements, the next engine must be retrofitted.
(3) Adding Vehicles After the Final Target Date — Commencing re-
spectively on March 1, 2020 for large and medium fleets, and March 1,
2025 for small fleets, if a fleet owner adds a vehicle to his fleet and the
engine did not come with an original equipment manufacturer diesel par-
ticulate filter, it must be equipped with the highest level VDECS within
3 months of acquisition.
NOTE: Authority cited: Sections 39002. 39515, 39516, 39600, 39601, 39602,
39650, 39656, 39658, 39659, 39665, 39667, 39674, 39675, 40000, 41511, 42400,
42400.1, 42400.2, 42400.3.5, 42402, 42402.1, 42402.2, 42402.4, 42403, 43000,
43000.5, 43013, 43016 and 4301 8. Health and Safety Code. Reference: Sections
39002, 39515, 39516, 39600, 39601, 39602, 39650, 39656, 39657, 39658, 39659,
39665, 39667, 39674, 39675, 40000, 41511, 42400, 42400.1, 42400.2, 42402.2,
43000, 43000.5, 43013, 43016 and 43018, Health and Safety Code.
History
1. New section filed 5-16-2008; operative 6-15-2008 (Register 2008, No. 20).
§ 2449.3. Surplus Off-Road Opt-In for NOx (SOON)
Program.
(a) Purpose
To achieve additional reductions of oxides of nitrogen (NOx) emis-
sions from in-use off-road diesel-fueled vehicles in California. The re-
ductions must be surplus to those that would otherwise be achieved
through implementation of title 13, California Code of Regulations, sec-
tions 2449, 2449.1 and 2449.2, "Regulation for In-Use Off-Road Diesel
Vehicles".
(b) Applicability
(1) District Applicability — Section 2449.3 applies to any air quality
management district or air pollution control district (jointly referred to
hereafter as air district) whose governing board elects to opt into the pro-
visions of this section as set forth in section 2449.3(f) below.
(2) Fleet Applicability — Section 2449.3 applies to a fleet that:
(A) Operates individual vehicles within the air district;
(B) As of January 1 , 2008, on a statewide level, consisted of more than
40 percent Tier 0 and Tier 1 vehicles, and;
(C) Has a statewide fleet with maximum power greater than 20,000
horsepower (hp).
Page 298.60
Register 2008, No. 20; 5-16-2008
Title 13
Air Resources Board
§ 2449.3
(c) Definitions
The definitions in title 13, CCR, section 2449(c) apply, along with the
following definitions:
(1) Contract period means the period of time in which the vehicle par-
ticipates in the program and is under contract to the air district to achieve
additional emission reductions.
(2) Operated within the district means a vehicle that currently operates
within the boundaries of the air district and, during the three years im-
mediately prior to the solicitation deadline, operated at least one hundred
hours per year and operated more hours within the boundaries of the air
district than in any other district.
(3) Project means actions on one vehicle to reduce NOx emissions,
such as retrofit, repower, or vehicle replacement, for which funding is re-
quested.
(4) Solicitation means a public announcement by the air district, re-
questing that fleets submit grant applications to the air district to partici-
pate in emission reduction incentive programs under this section.
(5) Solicitation deadline means the last day, as provided in the solicita-
tion, that an application may be physically received by the air district.
(d) Requirements
(J) If an air district, having held a public hearing and opted into the
SOON program and made the program mandatory per section
2449.3(e)(9), issues a solicitation for applications for funding under the
SOON program, and if the solicitation so requires, a fleet that meets the
applicability criteria of subsection (b) on the date of the solicitation must,
before the solicitation deadline, do the following:
(A) Report to District and ARB — File a report, in a format approved
by the Executive Officer, of all information required under section
2449(g) with the air district and ARB on its statewide fleet and that part
of the fleet that has operated within the air district, as defined in section
(c)(2) above. If the solicitation deadline is before April 1 , 2009, the Heel
must provide information regarding the fleet as it existed on January 1 ,
2008. If the solicitation deadline is on or after April 1 , 2009, the fleet must
provide the information that was reported to ARB on the most recent
April 1 reporting date.
(B) Calculate NOx index — Determine the NOx index for vehicles
that operated within the air district for the year in which the solicitation
deadline occurs according to the formula in section 2449.1(a)(1)(A)!.
(C) Calculate NOx target rate — Determine the NOx target rate for ve-
hicles that operated within the air district for the year in which the soli-
citation deadline occurs according to the formula in section
2449.1(a)(l)(A)l, and using the NOx targets set forth in Table 1 below.
If there is no NOx target rate for the year in which the solicitation dead-
line occurs, the nearest future taraet rate should be used.
Table 1: NOx Targets for each Max Hp Group [g/bhp-hr]
Compliance
Date: March 1
of Year
25-49
hp
50-74
hp
75-
hp
100-174
175-299
300-599
600-750
>750
hp
hp
hp
hp
hp
2011
2014
2017
2020
2023
5.6
4.9
4.2
3.5
3.5
6.2
5.1
4.1
3.2
3.2
6.7
5.2
3.8
2.4
2.4
6.0
4.7
3.4
2.2
2.2
5.4
2.8
1.5
0.9
0.9
5.1
2.7
1.5
0.9
0.9
5.3
2.7
1.5
0.9
0.9
6.4
4.2
3.2
2.6
2.6
(D) Apply for funding — Except as provided in section 2449.3(d)(2)
and 2449.3(e)(3) below, a fleet for which the NOx index, as calculated
in section 2449.3(d)(1)(B), is greater than the NOx target rate, as calcu-
lated in section 2449.3(d)(1)(C), must apply for SOON funding. The ap-
plication submitted must be completed according to the guidelines and
conditions established under the solicitation and, if the necessary NOx
retrofits, repower, or vehicle replacements are available, must indicate
how NOx retrofits, repowers, or vehicle replacements for which funding
is requested will bring the NOx index for vehicles that operated within
the air district from where it would have been under compliance with sec-
tion 2449.1 to less than or equal to the NOx target rate calculated in sec-
tion 2449.3(d)(1)(C). The application must also indicate whether the
fleet wants the application to be given high priority for SOON program
funding by the district. The funding priority shall be determined under
the air district guidelines developed per section 2449.3(f)(2).
(E) Achieve NOx reductions — Fleets that receive SOON program
funding must complete the actions for which they were funded per the
conditions of the solicitation. Fleets that do not receive requested SOON
program funding are not required to take actions beyond compliance with
the in-use off-road diesel vehicle regulation, as specified in sections
2449, 2449.1, and 2449.2.
(2) Fleets not meeting the applicability provisions — A fleet that oper-
ates individual vehicles within the air district, but does not meet the appli-
cability provisions of sections 2449.3(b)(2)(B) and 2449.3(b)(2)(C), are
not required to file a report with the ARB or the air district under section
2449.3(d)(1). It is also not required to apply for funding under subsection
(d)(1)(D), but may file a report with ARB or the air district under section
2449.3(d)(1) and apply for funding if the NOx index calculated for its
fleet operating within the air district exceeds the NOx target rate, and the
fleet would like to qualify for funding. If the air district approves the
fleet's application for funding, the fleet must achieve the NOx reductions
as set forth in subsection (d)(1)(E). Participating in the SOON program
in one year does not obligate the fleet to participate in subsequent years.
(3) Air districts that opt into the SOON program — Districts must pri-
oritize requested projects based on the optimum NOx cost-effectiveness
and on whether the fleet requesting the SOON program funding has re-
quested high priority for SOON program funding. Air districts must re-
port to ARB, in a format approved by the Executive Officer, all projects
funded under the SOON program, including the equipment identification
number of all vehicles funded.
(e) Special Provisions —
(1) Accounting for the in-use off-road diesel vehicle rule —
(A) Reductions achieved through the SOON program must be surplus,
over the entire contract period, to those required by the "Regulation for
In-Use Off-Road Diesel Vehicles", sections 2449-2449.2 above.
(B) During the contract period, vehicles equipped with NOx retrofits,
repowered with new engines, or that have been replaced using SOON
program funding, cannot use this lower emission rate to calculate NOx
indices, PM indices, NOx target rates, PM target rates, turnover credit
and retrofit credit under sections 2449. 1 and 2449.2. Instead, for the pur-
poses of calculating NOx indices, PM indices, NOx target rates, PM tar-
get rates, turnover credit and retrofit credit under sections 2449.1 and
2449.2, these vehicles must be reflected as if the actions taken under the
SOON program did not occur. Actions taken using SOON program fund-
ing may be used for determining compliance under sections 2449.1 and
2449.2 after the completion of the SOON program project contract peri-
od for that vehicle. For example, if a Tier 0 vehicle is repowered with a
Tier 3 engine with SOON program funds, for purposes of compliance
with sections 2449.1 and 2449.2, that vehicle is still treated as if it were
a Tier 0 until the end of the contract period for the SOON program proj-
ect.
Page 298.61
Register 2008, No. 20; 5-16-2008
§ 2449.3
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(C) If a fleet pays for a retrofit that is installed concurrently with a re-
power or vehicle replacement funded with SOON program funding, the
fleet may count the retrofit toward determining compliance under section
2449.2. If a fleet's vehicle is repowered using SOON program funding
with a Tier 4 engine that comes with an original engine manufacturer die-
sel particulate filter, and if the fleet pays a portion of the repower costs
such that it offsets the cost of an equivalent retrofit diesel particulate fil-
ter, the fleet may count the retrofit toward determining compliance under
section 2449.2.
(2) Turnover in section 2449.1 — A fleet may apply to the Executive
Officer for an extension from the requirements in section
2449.1(a)(2)(A) if, using the accounting provisions in section
2449.3(e)(1), section 2449.1(a)(2)(A) would require, prior to March I,
201 4, a fleet to turn over vehicles that are Tier 2 or belter. The exemptions
in section 2449.1(a)(2)(A)4.a. and section 2449. 1 (a)(2)(A)5. for vehicles
less than 10 years old and Tier 1 vehicles do not apply to the SOON pro-
gram.
(3) Compliance plans — In addition to a SOON program application,
a fleet applying for SOON program funding must prepare and submit to
the air district a compliance plan, in the format described in the district
guidelines, laying out the actions it is required to take under sections
2449.1 and 2449.2 and the actions for which it is applying for funding
under section 2449.3. Compliance plans must demonstrate that in the ab-
sence of any actions taken to satisfy section 2449.3, the fleet will be able
to meet the requirements of sections 2449.1 and 2449.2 through the re-
maining actions set forth in the plan.
(4) Surplus — Participation in the SOON program does not reduce the
actions required for any fleet to comply with any requirements in the sta-
tewide in-use off-road diesel vehicle regulation under sections 2449.1
and 2449.2.
(5) Tracking devices — An air district may require any vehicle repow-
ered, retrofitted, or replaced with incentive money through the SOON
program to be equipped with a vehicle location device (per the air dis-
trict's guidelines and conditions for receiving funding) to ensure that the
vehicle is used in the air district for the required percent of operating
hours.
(6) Particulate Matter Retrofits —
a. The exemption from retrofit requirements for vehicles less than 5
years old in section 2449.2(a)(2)(A)4.a. does not apply to vehicles that
are replaced or repowered with SOON program funds.
b. If a fleet has a vehicle that has been retrofitted within the last six
years with a Level 2 or 3 VDECS, which was the highest level VDECS
at the time of retrofit, the fleet may but is not required to apply for SOON
funding for that vehicle.
c. A fleet that receives SOON funding to repower or replace a vehicle
is not required to install the highest level VDECS along with the repower
or replacement.
(7) Funding Guidelines — Projects funded under the SOON program
with Carl Moyer program money must be administered consistent with
applicable Carl Moyer program guidelines, except as noted in section
2449.3(e)(6)c. If a project is funded from other sources, the SOON pro-
gram must be administered consistent with any applicable guidelines.
The air district shall develop guidelines for administration of the SOON
program, as provided in section 2449.3(f)(2).
(8) Vehicles Scheduled to Leave District — A fleet that has operated
within the air district as defined in section 2449.3(c)(1) but that is plan-
ning to move vehicles out of the air district such that the vehicles will not
operate enough hours in the air district to qualify for SOON funding may
leave such vehicles out of the NOx index calculation in section
2449.3(d)(1)(B), the NOx target rate calculation in section
2449.3(d)(1)(C), and the application for funding in section
2449.3(d)(1)(D). The fleet must submit a statement under penalty of per-
jury to the district for each such vehicle stating its intent to move each
such vehicle out of the district.
(9) Voluntary or Mandatory Nature of SOON — An air district, having
held a public hearing and opted into this regulation, may issue a solicita-
tion for applications for funding under the SOON program.
a. For fleets in the South Coast Air Quality Management District and
San Joaquin Valley Air Pollution Control District, solicitations with a
deadline before April 2, 2009, shall be voluntary. For solicitations with
a deadline on or after April 2, 2009, the South Coast Air Quality Manage-
ment District and San Joaquin Valley Air Pollution Control District may
elect to make participation by fleets voluntary or mandatory.
b. In any district other than the South Coast Air Quality Management
District or San Joaquin Valley Air Pollution Control District, for solicita-
tions with a deadline before April 2, 2010, participation by fleets is vol-
untary. For solicitations with a deadline on or after April 2, 201 0, the dis-
trict may choose to make participation by fleets voluntary or mandatory.
c. The solicitation shall announce the air district's decision regarding
voluntary or mandatory participation.
(f) Local Air District Opt-In
(1) To participate in the SOON program, an air district's governing
board must hold a formally noticed public hearing, where public com-
ment is taken, and, by majority vote, elect to opt into the program. As part
of this hearing, for years when section 2449.3(e)(9) gives the district a
choice between a voluntary and mandatory SOON program, the air dis-
trict's governing board must decide whether participation by fleets is vol-
untary or mandatory.
(2) District Guidelines — An air district opting into section 2449.3
must develop, through a public process including a duly noticed public
workshop and formally noticed public hearing, additional administrative
provisions necessary to implement this section, including, but not limited
to, funding guidelines (as required under section 2449.3(e)(7)), com-
pliance planning requirements, and reporting and monitoring require-
ments. Funding guidelines may include limitations on the cost-effective-
ness of projects that may be funded and must include the method used for
prioritizing projects based on cost-effectiveness and whether applying
fleets requested high priority for SOON program funding, and a descrip-
tion of any requirements on fleets that receive SOON funding to pay part
of the SOON project cost. Compliance planning guidelines must indicate
the format and length of compliance plans. Air district guidelines may in-
clude a pre-application process that collects vehicle data (model year,
horsepower, hours of use) and then requires full SOON project applica-
tions only for vehicles likely to receive funding.
(3) ARB Approval of District Guidelines — Before any guidelines, in-
cluding administrative or funding guidelines, approved by an air district
take effect, they must be approved by the Executive Officer. Air district
staff shall submit proposed guidelines to the Executive Officer before
they are acted on by the district's governing board. The Executive Officer
will respond within 30 days with a description of any required changes
to the proposed guidelines necessary for Executive Officer approval. In
evaluating proposed air district guidelines, the Executive Officer shall
consider, among other factors, the adequacy of cost-effectiveness crite-
ria, whether fleet requests for high priority for SOON funding are given
preference, and uniformity of district guidelines between air districts. Af-
ter guidelines are adopted by a district' s governing board, air district staff
shall submit the adopted guidelines to the Executive Officer. The Execu-
tive Officer will respond within 30 days with approval or a description
of any required changes to the guidelines.
(4) ARB Authority — ARB has sole authority to enforce the require-
ments of section 2449.3. The Executive Officer retains the authority to
review any district's administration of section 2449.3 and to address any
unforeseen circumstances or events.
NOTE: Authority cited: Sections 39002, 39515, 39516, 39600, 39601, 39602,
43000, 43000.5, 43013, 43016 and 43018, Health and Safety Code. Reference:
Sections 39002. 39515, 39516, 39600, 39601, 39602, 39650, 39656, 39657,
39658, 39659, 39665, 39667, 43000, 43000.5, 43013, 43016 and 43018, Health
and Safety Code.
Page 298.62
Register 2008, No. 20; 5-16-2008
Title 13
Air Resources Board
§ 2449.3
History
1 . New section filed 5-16-2008; operative 6-15-2008 (Register 2(
S, No. 20).
Appendix A
Use the values in these tables unless engine is a Post-2007 Flexibility
Engine, or unless the engine is an engine certified to on-road standards.
Engines certified to on-road standards should use the standard to
which the engine is certified. Flexibility engines certified January 1,
2007 or later should use the emission standard to which the engine is cer-
tified. Engines certified to Family Emission Limits and flexibility en-
gines certified before January 1 , 2007, should still use the emission fac-
tors in the table below.
Replacement engines produced per title 13, CCR, section 2423 (j)
should use the engine model year of the engine replaced. For an engine
certified to an emission standard lower than that shown in these tables for
its model year, the emission standard to which the engine is certified may
be used, provided that the certification Executive Order or certificate
number is provided along with the initial and annual reporting required
by section 2449(g)(1) and 2449(g)(2).
If the model year of an engine is unknown because it is missing a serial
number, manufacturer's build code, and/or an engine family number, and
the engine manufacturer or authorized representative is unable to deter-
mine the model year of the engine by examining the engine's build and
components, such an engine shall be treated as a 1969 model year engine.
If a manufacturer can bracket the model year of an engine (for example
that an engine was built between 1987 and 1994) by examining the en-
gine's build and components, the earliest date the engine could have been
manufactured shall be used as the model year of that engine (in the exam-
ple, 1987).
For engines that have been retrofit with VDECS, the PM Emission
Factor is reduced 50 percent for a Level 2 VDECS, and 85 percent for a
Level 3 VDECS; the NOx Emission Factor is reduced by whatever per-
centage NOx emission reductions are verified. The PM Emission Factor
is not reduced for a Level 1 VDECS.
PM Emission
; Factors by Horsepower and Year (g/bhp-hr)
Engine WSodel
Horsepower Group
Year
25-49
50-74
75-99 |
100-174
175-299
300-599
600-750
Over 750
1900-1969
0
950
1.200
1
200 !
1.100
1.100
0.950
0.950
0.950
1970-1971
0
950
1.200
1
200 |
0.940
0.940
0.810
0.810
0.810
1972-1987
0
950
1.200
1
200
0.780
0.780
0.680
0.680
0.680
1988
0
950
0.980
0
980
0.540
0.540
0.490
0.490
0.490
1989-1995
0
950
0.980
0
980
0.540
0.540
0.490
0.490
0.490
1996
0
950
0.980
0
980
0.540
0.40
0.40
0.40
0.500
1997
0
950
0.980
0
980
0.600
0.40
0.40
0.40
0.500
1998
0
950
1.090
1
090
0.600
0.40
0.40
0.40
0.500
1999
0.60
1.090
1
090
0.600
0.40
0.40
0.40
0.500
2000
0.60
1.090
1
090
n 6.600
0.40
0.40
0.40
0.4.0
2001
0.60
1.090
1
090
0.600
0.40
0,1 5;^
0.40
0.40
2002
0.60
1.090
1
090
0.600
0.40
••■o;i5?;
.-<:$$&&
0.40
2003
0.60
1.090
1
.090
>i"0.-22>V,
:-0.15 .,
/-0;15-\-
•*$-1'5'£;
0.40
2004
, •:" Q:4S-i~ .
, XQ.30vi-
0.30 -
',^Q;22M
fe/;o-:t5-^
'•/o:-i'5''*h
>?Q?!5^
0.40
2005
•. % 0.45^.
\<0" Sb; r.
. .0:30
>>" 0.22>V
v 0.15' .
: <0il,5*$
IIQ.15/V
0.40
2006
r'fOAs-jj
-U-3CL-.
Co.30 ,,;
/■ti.22"
0715
- d#5'V
.0.15
>,yfp^iSi§;
2007
<3r .0.-45 h'
-. <o,30':;
.vo.3a::
0.22
. 0.15 ■■
- 0.15 ,:
o.is;^
a:,ddSp:
2008
0.22
0.22
0.30
0.22 ;
0.15 -
0.15.
0*1 §£
:^»'H
2009
0.22
0.22
0.30
0.22 ;V
-" 0.15 ■"
0.15;
;::;O05^ -
»o:jm:
2010
i 0.22
0.22
0.30.
' 0.22 .
»' 0.15
0.1.5:. .
?S0;-15:V
'V-0*r1?5|i§
2011
! 0.22
0.22
0.30
0.22'
0.015
0.015
0.015
0.07
2012
i 0.22
0.22
0.015
0.015
0.015
0.015
0.015
0.07
2013
0.02; ;
. .0.02
0.015
0.015
i 0.015
0.015
0.015
0.07.
2014
0.02 ;::~
..10.02
0.015
0.015
| 0,015
■&.015#
0.Q15:;
0.07
2015 and later
0.02,;;
' -0.02.,
0.015 ...
,. 0.015:
Q.Q15 '
0.01 55-
0:015,,
;-^0:ti311
Page 298.63
Register 2008, No. 20; 5-16-2008
§2450
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
NOx Emissions Factors by Horsepower and Year (g/bhp-hr)
Engine Model ■
Year |
Horsepower Group
25-49
50-74
75-99
100-174
1 / s&*"£><3*$
300-599. 1
600-750
Over 750
1900-1969
7.2
14.8
14.8
15.9
15.9
15.2 |
15.2
15.2
1970-1971
7.2
14.8
14.8
14.8
14.8
14.1
14.1
14.1
1972-1979
7.2
14.8
14.8
13.6
13.6
13.0
13.0
13.0
1980-1987
7.2
14.8
14.8
12.5
12.5
11.9
11.9
11.9 |
1988
7.1
9.9
9.9
9.3
9.3
8.9
8.9
8.9
1989-1995
7.1
9.9
9.9
9.3
9.3
8.9
8.9
8.9
1996
7.1
9.9
9.9
9.3
6.9
6.9
6.9
8.9
1997
7.1
9.9
9.9
6.9
6.9
6.9
6.9
8.9
1998
7.1
6.9
6.9
6.9
6.9
■6.9
6.9
8.9
1999
6.2.
■6.9
6.9
■6.9
6.9
6.9
. 6.9
8.9
2000
6.2
6.9
6.9
6.9
6.9
6.9
6.9
6.9
2001
6.2
6.9
6.9
6.9
6.9
v 42", :v
6.9
6.9
2002
6.2
6.9
6.9
6.9
6.9
:-.-4'"2>-:-"
C/-4.2.-^-
6.9
2003
6.2
6.9
6.9
'-• 4.3-:-
-.- 4.3 ;•:
V4:2-..-,
'• V4.2 -.
6.9
2004
•- '4.9 <;
><4'."9'
o4.9 '
*--;.4.3-y-
-.;;4;3.r
-■; 4.2 •*■
". :4.2 .
6.9
| 2005
>-"4.9~;;
C 4.9-1,
:::-&9.-;'"
.\4.3-C
-^;4.3','
..*-" 4.2'
:- 4:2 \-
6.9
| 2006
,'" 49 * -
:,4.9 :•
-fi^M":t
'1,4,3''--
^2.6
V 2."6
2.6 '
;V4.2' --
2007
.r,-'4.9r-
..- 4,9":" ,
^•4:9 :-;
;:'^2:6.-'
' " 2,6, -
2.6
2:6 : \
>-'f4.2"'
I 2008
4.9
3.0
3.(1 >v„;
:•.%.§*
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Article 5. Portable Engine and Equipment
Registration
§ 2450. Purpose.
These regulations establish a statewide program for the registration
and regulation of portable engines and engine-associated equipment
(portable engines and equipment units) as defined herein. Portable en-
gines and equipment units registered under the Air Resources Board pro-
gram may operate throughout the State of California without authoriza-
tion (except as specified herein) or permits from air quality management
or air pollution control districts (districts). These regulations preempt
districts from permitting, registering, or regulating portable engines and
equipment units, including equipment necessary for the operation of a
portable engine (e.g. fuel tanks), registered with the Executive Officer of
the Air Resources Board except in the circumstances specified in the reg-
ulations.
NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755,
43013(b) and 4301 8, Health and Safety Code. Reference: Sections 41750, 41751,
41752, 41753, 41754 and 41755, Health and Safety Code.
History
1. New article 5 (sections 2450-2465) and section filed 9-17-97; operative
9-17-97 pursuant to Government Code section 1 1343.4(d) (Register 97, No.
38).
2. Amendment filed 12-1-99; operative 12-1-99 pursuant to Government Code
section 1 1343.4(d) (Register 99, No. 49).
3. Amendment of section and Note filed 8-2-2005; operative 9-1-2005 (Register
2005, No. 31).
§ 2451 . Applicability.
(a) Registration under this regulation is voluntary for owners of porta-
ble engines or equipment units.
(b) This regulation applies to portable engines and equipment units as
defined in section 2452. Except as provided in paragraph (c) of this sec-
tion, any portable engine or equipment unit may register under this regu-
lation. Examples include, but are not limited to:
(1) portable equipment units driven solely by portable engines includ-
ing confined and unconfined abrasive blasting, Portland concrete batch
plants, sand and gravel screening, rock crushing, and unheated pavement
recycling and crushing operations;
(2) consistent with section 209(e) of the federal Clean Air Act, engines
and associated equipment used in conjunction with the following types
of portable operations: well drilling, service or work-over rigs; power
generation, excluding cogeneration; pumps; compressors; diesel pile-
driving hammers; welding; cranes; woodchippers; dredges; equipment
necessary for the operation of portable engines and equipment units; and
military tactical support equipment.
(c) The following are not eligible for registration under this program:
(1) any engine used to propel mobile equipment or a motor vehicle of
any kind as defined in section 2452(z)(l)(A);
(2) any engine or equipment unit not meeting the definition of portable
as defined in section 2452(cc) of this regulation;
Page 298.64
Register 2008, No. 20; 5-16-2008
Title 13
Air Resources Board
§2452
•
•
(3) engines, equipment units, and associated engines determined by
the Executive Officer to qualify as part of a stationary source permitted
by a district;
(4) any engine or equipment unit subject to an applicable federal Maxi-
mum Achievable Control Technology standard, or National Emissions
Standard for Hazardous Air Pollutants, or federal New Source Perfor-
mance Standard, except for equipment units subject to 40 CFR Part 60
Subpart OOO (Standards of Performance for Nonmetallic Mineral Pro-
cessing Plants);
(5) any engine or equipment unit operating within the boundaries of
the California Outer Continental Shelf (OCS) [Note: This shall not pre-
vent statewide registration of portable engines and equipment units al-
ready permitted by a district for operation in the OCS. Such statewide
registration shall only be valid for operation onshore and in State Territo-
rial Waters (STW).];
(6) any dredging operation in the Santa Barbara Harbor;
(7) any dredging unit owned by a single port authority, harbor district,
or similar agency in control of a harbor, and operated only within the
same harbor;
(8) generators used for power production into the grid, except to main-
tain grid stability during an emergency event or other unforeseen event
that affects grid stability; and
(9) generators used to provide primary or supplemental power to a
building, facility, stationary source, or stationary equipment, except dur-
ing unforeseen interruptions of electrical power from the serving utility,
maintenance and repair operations, electrical upgrade operations includ-
ing startup, shutdown, and testing that do not exceed 60 calendar days,
operations where the voltage, frequency, or electrical current require-
ments can only be supplied by a portable generator, or remote operations
where grid power is unavailable.
(d) In the event that the owner of an engine or equipment unit elects
not to register under this program, the engine or equipment unit shall be
subject to district permitting requirements pursuant to district regula-
tions.
NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755,
43013(b) and 4301 8, Health and Safety Code. Reference: Sections 41750, 41751.
41752, 41753, 41754 and 41755, Health and Safety Code.
History
1 . New section filed 9-17-97; operative 9-17-97 pursuant to Government Code
section 11343.4(d) (Register 97, No. 38).
2. Amendment filed 12-1-99; operative 12-1-99 pursuant to Government Code
section 1 1343.4(d) (Register 99, No. 49).
3. Amendment of section and Note filed 8-2-2005; operative 9-1-2005 (Register
2005, No. 31).
4. Amendment of subsections (a), (c)(l)-(c)(5) and (c)(9)-(e) filed 4-26-2007;
operative 4-27-2007 pursuant to Government Code section 1 1 343.4 (Register
2007, No. 17).
5. Amendment of subsections (c)(3) and (c)(9) filed 4-26-2007 as an emergency;
operative 4-27-2007 (Register 2007, No. 17). A Certificate of Compliance
must be transmitted to OAL by 10-23-2007 or emergency language will be re-
pealed by operation of law on the following day.
6. Certificate of Compliance as to 4-26-2007 order, including further amendment
of subsection (c)(3) and repealer of subsections (d)-(e), transmitted to OAL
7-31-2007 and filed 9-12-2007 (Register 2007, No. 37).
7. Change without regulatory effect amending subsections (c)(l)-(2) filed
4-7-2008 pursuant to section 100, title 1, California Code of Regulations (Reg-
ister 2008, No. 15).
§ 2452. Definitions.
(a) ''Air Contaminant" shall have the same meaning as set out in sec-
tion 39013 of the Health and Safety Code.
(b) "ARB" means the California Air Resources Board.
(c) "Certified Compression-Ignition Engine" means an engine meet-
ing the nonroad engine emission standards for compression-ignition en-
gines, as set forth in Title 13 of the California Code of Regulations or 40
CFR Part 89 in effect at the time of application.
(d) "Certified Spark-Ignition Engine" means an engine meeting the
nonroad engine emission standards for spark-ignition engines, as set
forth in Title 13 of the California Code of Regulations or 40 CFR Part
1048 in effect at the time of application.
(e) "Compression-Ignition (CI) Engine" means an internal combus-
tion engine with operating characteristics significantly similar to the
theoretical diesel combustion cycle. Compression-ignition engines usu-
ally control fuel supply instead of using a throttle to regulate power.
(f) "Corresponding Onshore District" means the district which has ju-
risdiction for the onshore area that is geographically closest to the engine
or equipment unit.
(g) "District" means an air pollution control district or air quality man-
agement district created or continued in existence pursuant to provisions
of Part 3 (commencing with section 40000) of the California Health and
Safety Code.
(h) "Electrical Upgrade" means replacement or addition of electrical
equipment and systems resulting in increased generation, transmission
and/or distribution capacity.
(i) "Emergency Event" means any situation arising from sudden and
reasonably unforeseen natural disaster such as earthquake, flood, fire, or
other acts of God, or other unforeseen events beyond the control of the
portable engine or equipment unit operator, its officers, employees, and
contractors that threatens public health and safety and that requires the
immediate temporary operation of portable engines or equipment units
to help alleviate the threat to public health and safety.
(j) "Engine" means any piston driven internal combustion engine.
(k) "Equipment Unit" means equipment that emits PMio over and
above that emitted from an associated engine.
(/) "Executive Officer" means the Executive Officer of the California
Air Resources Board or his/her designee.
(m) "Hazardous Air Pollutant (HAP)" means any air contaminant that
is listed pursuant to section 1 12(b) of the federal Clean Air Act.
(n) "Home District" means the district designated by the responsible
official as the district in which the registered engine or equipment unit
resides most of the time. For registered engines or equipment units based
out of California, the responsible official shall designate the home district
based on where the registered engine or equipment unit is likely to be op-
erated a majority of the time the registered engine or equipment units is
in California.
(o) "Identical Replacement" means a substitution due to mechanical
breakdown of a registered portable engine or equipment unit with anoth-
er portable engine or equipment unit that has the same manufacturer,
type, model number, manufacturer's maximum rated capacity, and rated
brake horsepower; and is intended to perform the same or similar func-
tion as the original portable engine or equipment unit; and has equal or
lower emissions expressed as mass per unit time; and meets the emission
requirements of sections 2455 through 2457 of this article.
(p) "In-field Inspection" means an inspection that is conducted at the
location that the portable engine or equipment unit is operated under nor-
mal load and conditions.
(q) "Location" means any single site at a building, structure, facility,
or installation.
(r) "Maximum Achievable Control Technology (MACT)" means any
federal requirement promulgated as part of 40 CFR Parts 61 and 63.
(s) "Maximum Rated Capacity" is the maximum throughput rating or
volume capacity listed on the nameplate of the registered equipment unit
as specified by the manufacturer.
(t) "Maximum Rated Horsepower (brake horsepower (bhp)" is the
maximum brake horsepower rating specified by the registered engine
manufacturer and listed on the nameplate of the registered engine.
(u) "Mechanical Breakdown" means any failure of an engine's electri-
cal system or mechanical parts that necessitates the removal of the regis-
tered engine from service.
[The next page is 299.]
Page 298.65
Register 2008, No. 20; 5-16-2008
Title 13
Air Resources Board
§2452
(v) "Modification" means any physical change to, change in method
of operation of, or in addition to registered engine or equipment unit,
which may cause or result in an increase in the amount of any air contami-
nant emitted or the issuance of air contaminants not previously emitted.
Routine maintenance and/or repair shall not be considered a physical
change. Unless previously limited by an enforceable registration condi-
tion, a change in the method of operation shall not include:
(1) an increase in the production rate, unless such increase will cause
the maximum design capacity of the registered equipment unit to be ex-
ceeded;
(2) an increase in the hours of operation;
(3) a change of ownership; and
(4) the movement of a registered engine or equipment unit from one
location to another;
(w) "New Nonroad Engine" means a nonroad engine, the equitable or
legal title to which has never been transferred to an ultimate purchaser.
If the equitable or legal title to an engine is not transferred to an ultimate
purchaser until after the engine is placed into service, then the engine will
no longer be new after it is placed into service. A nonroad engine is
placed into service when it is used for its functional purposes. The term
"ultimate purchaser" means, with respect to a new nonroad engine, the
first person who purchases a new nonroad engine for purposes other than
resale.
(x) "New Source Performance Standard (NSPS)" means any federal
requirement promulgated as part of 40 CFR Part 60.
(y) "Non-field Inspection" means an inspection that is either con-
ducted at a location that is mutually acceptable to the district and the own-
er or operator or where the engine or equipment unit is stored and does
not require operation of the engine or equipment unit for purposes of the
inspection.
(z) "Nonroad Engine" means:
(1) Except as discussed in paragraph (B) of this definition, a nonroad
engine is any engine:
(A) in or on a piece of equipment that is self-propelled or serves a dual
purpose by both propelling itself and performing another function (such
as garden tractors, off-highway mobile cranes and bulldozers); or
(B) in or on a piece of equipment that is intended to be propelled while
performing its function (such as lawnmowers and string trimmers); or
(C) that, by itself or in or on a piece of equipment, is portable or trans-
portable, meaning designed to be and capable of being carried or moved
from one location to another. Indicia of transportability include, but are
not limited to, wheels, skids, carrying handles, dolly, trailer, or platform.
(2) An engine is not a nonroad engine if:
(A) the engine is used to propel a motor vehicle or a vehicle used solely
for competition, or is subject to standards promulgated under section 202
of the federal Clean Air Act; or
(B) the engine is regulated by a federal New Source Performance Stan-
dard promulgated under section 111 of the federal Clean Air Act; or
(C) the engine otherwise included in paragraph (1)(C) of this defini-
tion remains or will remain at a location for more than 12 consecutive
months or a shorter period of time for an engine located at a seasonal
source. Any engine (or engines) that replaces an engine at a location and
that is intended to perform the same or similar function as the engine re-
placed will be included in calculating the consecutive time period. An en-
gine located at a seasonal source is an engine that remains at a seasonal
source during the full annual operating period of the seasonal source. A
seasonal source is a stationary source that remains in a single location on
a permanent basis (at least two years) and that operates at that single loca-
tion approximately three (or more) months each year.
(aa) "Outer Continental Shelf (OCS)" shall have the meaning pro-
vided by section 2 of the Outer Continental Shelf Lands Act (43 U.S.C.
Section 1331 et seq.).
(bb) "Placard" means a visible indicator supplied by the Air Resources
Board to indicate that an engine or equipment has been registered in the
Portable Equipment Registration Program and is in addition to the regis-
tration identification device.
(cc) "Portable" means designed and capable of being carried or moved
from one location to another. Indicia of portability include, but are not
limited to, wheels, skids, carrying handles, dolly, trailer, or platform. For
the purposes of this regulation, dredge engines on a boat or barge are con-
sidered portable. The engine or equipment unit is not portable if any of
the following are true:
(1) the engine or equipment unit or its replacement is attached to a
foundation, or if not so attached, will reside at the same location for more
than 12 consecutive months. The period during which the engine or
equipment unit is maintained at a storage facility shall be excluded from
the residency time determination. Any engine or equipment unit such as
back-up or stand-by engines or equipment units, that replace engine(s)
or equipment unit(s) at a location, and is intended to perform the same
or similar function as the engine(s) or equipment unit(s) being replaced,
will be included in calculating the consecutive time period. In that case,
the cumulative time of all engine(s) or equipment unit(s), including the
time between the removal of the original engine(s) or equipment unit(s)
and installation of the replacement engine(s) or equipment unit(s), will
be counted toward the consecutive time period; or
(2) the engine or equipment unit remains or will reside at a location for
less than 12 consecutive months if the engine or equipment unit is located
at a seasonal source and operates during the full annual operating period
of the seasonal source, where a seasonal source is a stationary source that
remains in a single location on a permanent basis (at least two years) and
that operates at that single location at least three months each year; or
(3) the engine or equipment unit is moved from one location to another
in an attempt to circumvent the portable residence time requirements.
(dd) "Prevention of Significant Deterioration (PSD)" means any fed-
eral requirements contained in or promulgated pursuant to Part C of the
federal Clean Air Act.
(ee) "Process" means any air-contaminant-emitting activity asso-
ciated with the operation of a registered engine or equipment unit.
(ff) "Project, for the purposes of onshore operation," means the use of
one or more registered engines or equipment units operated under the
same or common ownership or control to perform a single activity.
(gg) "Project, for the purposes of State Territorial Waters (STW),"
means the use of one or more registered engines and equipment units op-
erating under the same or common ownership or control to perform any
and all activities needed to fulfill specified contract work that is per-
formed in STW. For the purposes of this definition, a contract means ver-
bal or written commitments covering all operations necessary to com-
plete construction, exploration, maintenance, or other work. Multiple or
consecutive contracts may be considered one project if they are intended
to perform activities in the same general area, the same parties are in-
volved in the contracts, or the time period specified in the contracts is de-
termined by the Executive Officer to be sequential.
(hh) "Provider of Essential Public Service (PEPS)" means any
privately-owned corporation or public agency that owns, operates, con-
trols, or manages a line, plant, or system for the transportation of people
or property, the transmission of telephone or telegraph messages, or the
production, generation, transmission or furnishing of heat, light, water,
power, or sanitation directly or indirectly to the public.
(ii) "Registration" means issuance of a certificate by the Executive Of-
ficer acknowledging expected compliance with the applicable require-
ments of this article, and the intent by the owner or operator to operate
the engine or equipment unit within the requirements established by this
article.
(jj) "Rental Business" means a business which rents or leases regis-
tered engines or equipment units.
(kk) "Renter" means a person who rents and or operates registered en-
gines or equipment units not owned by that person.
(//) "Resident Engine" means either of the following:
(1) a portable engine that at the time of applying for registration, has
a current, valid district permit or registration that was issued prior to Jan-
uary 1 , 2006, or an engine that lost a permit to operate exemption through
a formal district action. Moving an engine from a district that provides
Page 299
Register 2008, No. 15; 4-11-2008
§2453
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
a permit to operate exemption to a district that requires a permit to operate
or registration does not quality for consideration as a resident engine; or
(2) a certified compression-ignition engine that operated in California
at any time between March 1 , 2004 and October 1 , 2006. The responsible
official shall provide sufficient documentation to prove the engine's resi-
dency to the satisfaction of the Executive Officer. Examples of adequate
documentation include but are not limited to: tax records, purchase re-
cords, maintenance records, or usage records.
An engine permitted or registered by a district pursuant to Title 17 of
the California Code of Regulations Section 931 16.3(b)(6) is not a resi-
dent engine.
(mm) "Responsible Official" refers to an individual employed by the
company or public agency with the authority to certify that the registered
engines or equipment units under his/her jurisdiction comply with appli-
cable requirements of this regulation. A company or public agency may
have more than one Responsible Official.
(nn) "Spark-Ignition (SI) Engine" means an internal combustion en-
gine with a spark plug (or other sparking device) with operating charac-
teristics significantly similar to the theoretical Otto combustion cycle.
Spark-ignition engines usually use a throttle instead of using fuel supply
to control intake air flow to regulate power.
(00) "State Territorial Waters (STW)" includes all of the following: an
expanse of water that extends from the California coastline to 3 miles
off-shore; a 3 mile wide belt around islands; and estuaries, rivers, and
other inland waterways.
(pp) "Statewide Registration Program" means the program for regis-
tration of portable engines and equipment units set out in this article.
(qq) "Stationary Source" means any building, structure, facility or in-
stallation which emits any air contaminant directly or as a fugitive emis-
sion. "Building," "structure," "facility," or "installation" includes all pol-
lutant emitting activities which:
(1) are under the same ownership or operation, or which are owned or
operated by entities which are under common control;
(2) belong to the same industrial grouping either by virtue of falling
within the same two-digit standard industrial classification code or by
virtue of being part of a common industrial process, manufacturing pro-
cess, or connected process involving a common raw material; and
(3) are located on one or more contiguous or adjacent properties.
[Note: For purposes of this regulation a stationary source and nonroad engine are
mutually exclusive.]
(rr) "Storage" means a warehouse, enclosed yard, or other area estab-
lished for the primary purpose of maintaining registered engines or
equipment units when not in operation.
(ss) "Tactical Support Equipment (TSE)" means equipment using a
portable engine, including turbines, that meets military specifications,
owned by the U.S. Department of Defense, the U.S. military services, or
its allies, and used in combat, combat support, combat service support,
tactical or relief operations, or training for such operations. Examples in-
clude, but are not limited to, internal combustion engines associated with
portable generators, aircraft start carts, heaters and lighting carts.
(tt) "Third-party Rental" means a non-rental business renting or leas-
ing registered engines and/or equipment units to another party by written
agreement.
(uu) "Tier 1 Engine" means a certified compression-ignition engine
according to the horsepower and model year as follows:
>50 bhp and <100 bhp; 1998 through 2003
>100 bhp and <175 bhp; 1997 through 2002
>175 bhp and <300 bhp; 1996 through 2002
>300 bhp and <600 bhp; 1996 through 2000
>600 bhp and <750 bhp; 1996 through 2001
>750 bhp; 2000 through 2005.
(vv) "Tier 2 Engine" means a certified compression-ignition engine
according to the horsepower and model year as follows:
>50 bhp and <100 bhp; 2004 through 2007
>100 bhp and <175 bhp; 2003 through 2006
>175 bhp and <300 bhp; 2003 through 2005
>300 bhp and <600 bhp; 2001 through 2005
>600 bhp and <750 bhp; 2002 through 2005
750 bhp; 2006 through 2010.
(ww) "Transportable" means the same as portable.
(xx) "U.S. EPA" means the United States Environmental Protection
Agency.
(yy) "Vendor" means a seller or supplier of portable engines or equip-
ment units for use in California.
(zz) "Volatile Organic Compound (VOC)" means any compound con-
taining at least one atom of carbon except for the following exempt com-
pounds: acetone, ethane, parachlorobenzotrifluoride (I-chloro-4-tri-
fluoromethyl benzene), methane, carbon monoxide, carbon dioxide,
carbonic acid, metallic carbides or carbonates, ammonium carbonates,
methylene chloride (dichloromethane), methyl chloroform (1,1,1-tri-
choroethane), CFC-113 (trichlorotrifluoroethane), CFC-11 (trichloro-
fluoromethane), CFC-12 (dichlorodifluoromethane), CFC-22 (chloro-
difluoromethane), CFC-23 (trifluoromethane), CFC-114
(dichlorotetrafluoroethane), CFC-115 (chloropentafluoroethane),
HCFC-123 (dichlorotrifluoroethane), HFC-I34a (tetrafluoroethane),
HCFC-141b (dichlorofluoroethane), HCFC-142b (chlorodifluoroe-
thane), HCFC-124 (chlorotetrafluoroethane), HFC-23 (trifluorome-
thane), HFC-134 (tetrafluoroethane), HFC-125 (pentafluoroethane),
HFC-143a (trifluoroethane), HFC-152a (difluoroethane), cyclic,
branched, or linear completely methylated siloxanes, the following
classes of perfluorocarbons:
(1) cyclic, branched, or linear, completely fluorinated alkanes;
(2) cyclic, branched, or linear, completely fluorinated ethers with no
unsaturations;
(3) cyclic, branched, or linear, completely fluorinated tertiary amines
with no unsaturations; and
(4) sulfur-containing perfluorocarbons with no unsaturations and
with the sulfur bonds to carbon and fluorine, acetone, ethane, and parach-
lorobenzotrifluoride (l-chloro-4-trifluoromethyl benzene).
NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755,
43013(b) and 43018, Health and Safety Code. Reference: Sections 41750, 41751,
41752, 41753, 41754 and 41755, Health and Safety Code.
History
1. New section filed 9-17-97; operative 9-17-97 pursuant to Government Code
section 11343.4(d) (Register 97, No. 38).
2. Amendment filed 12-1-99; operative 12-1-99 pursuant to Government Code
section 11343.4(d) (Register 99, No. 49).
3. Amendment of section and Note filed 8-2-2005; operative 9-1-2005 (Register
2005, No. 31).
4. New subsections (hh)(3)-(4) and (rr)-(ss) filed 12-27-2006 as an emergency;
operative 12-27-2006 (Register 2006, No. 52). A Certificate of Compliance
must be transmitted to OAL by 4-26-2007 or emergency language will be re-
pealed by operation of law on the following day.
5. Reinstatement of section as it existed prior to 12-27-2006 emergency amend-
ment by operation of Government Code section 1 1346.1(f) (Register 2007, No.
17).
6. Amendment filed 4-26-2007; operative 4-27-2007 pursuant to Government
Code section 1 1343.4 (Register 2007, No. 17).
7. Amendment of subsections (o), (kk) and (mm), new subsections (mm)(l)-(2)
and (uu)-(ww) and subsection relettering filed 4-26-2007 as an emergency;
operative 4-27-2007 (Register 2007, No. 17). A Certificate of Compliance
must be transmitted to OAL by 1 0-23-2007 or emergency language will be re-
pealed by operation of law on the following day.
8. Certificate of Compliance as to 4-26-2007 order, including further amendment
of section, transmitted to OAL 7-31-2007 and filed 9-12-2007 (Register 2007,
No. 37).
9. Change without regulatory effect amending section filed 4-7-2008 pursuant to
section 100, title 1, California Code of Regulations (Register 2008, No. 15).
§ 2453. Application Process.
(a) In order for an engine or equipment unit to be considered for regis-
tration by the Executive Officer, the engine or equipment unit must be
portable as defined in section 2452(cc) and meet all applicable require-
ments established in this article.
(b) For purposes of registration under this article, an engine and the
equipment unit it serves are considered to be separate emissions units and
require separate applications.
Page 300
Register 2008, No. 15; 4- 11-2008
Title 13
Air Resources Board
§2453
(c) For an identical replacement, an owner or operator of a registered
portable engine or equipment unit is not required to complete a new
application and may immediately operate the identical replacement. Ex-
cept forTSE, the owner or operator shall notify the Executive Officer in
writing within five calendar days of replacing the registered engine or
equipment unit with an identical replacement. Notification shall include
company name, responsible official, phone number, registration certifi-
cate number of the engine or equipment unit to be replaced, and make,
model, rated brake horsepower, serial number of the identical replace-
ment; description of the mechanical breakdown; and applicable fees as
required in section 2461. Misrepresentation of engine or equipment unit
information or the failure to meet the requirements of this regulation shall
be deemed a violation of this article.
(d) The Executive Officer shall inform the applicant, in writing, if the
application is complete or deficient, within 30 days of receipt of an ap-
plication. If deemed deficient, the Executive Officer shall identify the
specific information required to make the application complete.
(e) The Executive Officer shall issue or deny registration within 90
days of receipt of a complete application.
(f) Upon finding that an engine or equipment unit meets the require-
ments of this article, the Executive Officer shall issue a registration for
the engine or equipment unit. The Executive Officer shall notify the
applicant in writing that the engine or equipment unit has been registered.
The notification shall include a registration certificate, any conditions to
ensure compliance with State and federal requirements, and a registra-
tion identification device for each engine or equipment unit registered
pursuant to this regulation. Except forTSE, the registration identification
device shall be affixed on the engine or equipment unit at all times, and
the registration certificate including operating conditions shall be kept on
the immediate premises with the engine or equipment at all times and
made accessible to the Executive Officer or districts upon request. Fail-
ure to properly maintain the registration identification device shall be
deemed a violation of this article.
(g) Except for TSE, each application for registration and the appropri-
ate fee(s) as specified in section 2461, shall be submitted in a format ap-
proved by the Executive Officer and include, at a minimum, the follow-
ing information:
(1) indication of general nature of business (e.g., rental business, etc.);
(2) the name of applicant, including mailing address and telephone
number;
(3) a brief description of typical engine or equipment-unit use;
(4) detailed description, including engine or equipment-unit make,
model, manufacture year (for portable engines only), rated brake horse-
power, throughput, capacity, emission control equipment, and serial
number;
(5) necessary engineering data, emissions test data, or manufacturer's
emissions data to demonstrate compliance with the requirements as spe-
cified in sections 2455, 2456, and 2457;
(6) for resident engines, a copy of either a current permit to operate that
was granted by a district, or documentation as described in section
2452(//); and
(7) the printed name and signature of the responsible official and date
of the signature.
(h) For TSE, application for registration and the appropriate fee(s) as
specified in section 2461 , shall be submitted in a format approved by the
Executive Officer and include, at a minimum, the following information:
(1) the name of applicant, including mailing address and telephone
number;
(2) a brief description of typical engine or equipment-unit use;
(3) engine or equipment-unit description, including type and rated
brake horsepower; and
(4) the printed name and signature of the responsible official and date
of the signature.
(i) All registered engines and equipment units shall have a designated
home district as defined in section 2452(n) according to the following:
(1 ) Owners holding valid registration(s) prior to the effective date shall
designate in writing to the Executive Officer a home district within 90
days of the effective date of this regulation. The Executive Officer shall
designate the home district for any and all registered engines and equip-
ment units for existing registration program participants that fail to desig-
nate a home district;
(2) a home district shall be designated on each application for initial
registration of an engine or equipment unit; and
(3) except for registered engines or equipment units owned by a rental
business or involved in a third party rental, if the engine or equipment
unit, based on averaging of annual operation in each district from the
three annual reports submitted during the 3 year registration cycle, oper-
ated the largest percentage of the time in a district other than the desig-
nated home district, the owner shall change the home district designation
at the time of renewal. The change is not required if the difference be-
tween the home district operation percentage and the district with the
largest operating percentage is 5 percent or less.
(j) Engines or equipment units owned and operated for the primary
purpose of rental by a rental business shall be identified as rental at the
time of application for registration and shall be issued a registration spe-
cific to the rental business requirements of this article. Misrepresentation
of portable engine or equipment unit use in an attempt to qualify under
the rental business definition shall be deemed a violation of this article.
(k) New applications for non-operational engines or equipment units
will not be accepted by the Executive Officer.
(/) Once registration is issued by the Executive Officer, district permits
or registrations for engines or equipment units registered in the Statewide
Registration Program are preempted by the statewide registration and
are, therefore, considered null and void, except for the following circum-
stances where a district permit shall be required:
(1) engines or equipment units used in a project(s) operating in the
OCS. The requirements of the district permit or registration apply to the
registered engine or equipment unit while operating at the project(s) in
the OCS; or
(2) engines or equipment units used in a project(s) operating in both
the OCS and STW. The requirements of the district permit or registration
apply to the registered engine or equipment unit while operating at the
project(s) in the OCS and STW; or
(3) at STW project(s) that trigger district emission offset thresholds;
or
(4) at any specific location where statewide registration is not valid.
The owner of the engine or equipment unit shall obtain a district permit
or registration for the location(s) where the statewide registration is not
valid; or
(5) at any location where an engine or equipment unit that has been de-
termined to cause a public nuisance as defined in Health and Safety Code
Section 41700.
Under no circumstances shall a portable engine or equipment unit be
operated under both statewide registration and a district permit at any
specific location. Where both a district permit for operation at a specific
location and statewide registration have been issued for an engine or
equipment unit, the terms of the district permit shall take precedence at
that location.
(m) When ownership of a registered engine or equipment unit
changes, the new owner shall submit a change of ownership application.
This application shall be filed within 30 days of the change of ownership.
During the 30 day period the new owner is authorized to operate the reg-
istered engine or equipment unit. If an application is not received within
30 days, the engine or equipment unit may not operate and the existing
registration is not valid for the new owner until the application has been
filed and all applicable fees have been paid. Registration will be reissued
to the new owner after a complete application has been approved by the
Executive Officer.
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Register 2008, No. 15; 4-11-2008
§2454
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(n) Except for TSE, a placard shall be required for every engine or
equipment unit registered in the Statewide Registration Program. The
placard shall be affixed on the registered engine or equipment unit at all
times so that it may be easily viewed from a distance. Placards shall be
purchased at the time of the first renewal or at the time of initial registra-
tion, which ever occurs first. Failure to properly maintain the placard
shall be deemed a violation of this article.
NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755,
43013(b) and 4301 8, Health and Safety Code. Reference: Sections 41 750, 41 751,
41752, 41753, 41754 and 41755, Health and Safety Code.
History
1. New section filed 9-17-97; operative 9-17-97 pursuant to Government Code
section 1 1343.4(d) (Register 97, No. 38).
2. Amendment filed 12-1-99; operative 12-1-99 pursuant to Government Code
section 1 1343.4(d) (Register 99, No. 49).
3. Amendment of section and Note filed 8-2-2005; operative 9-1-2005 (Resister
2005, No. 31).
4. Change without regulatory effect amending subsection (g)(7) filed 1 0-27-2005
pursuant to section 100, title I , California Code of Regulations (Register 2005,
No. 43).
5. Amendment filed 4-26-2007; operative 4-27-2007 pursuant to Government
Code section 1 1343.4 (Register 2007, No. 17).
6. Amendment of subsections (f), (g)(6) and (/)(5)-(n) filed 4-26-2007 as an
emergency; operative 4-27-2007" (Register 2007, No. 17). A Certificate of
Compliance must be transmitted to OAL by 10-23-2007 or emergency lan-
guage will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 4-26-2007 order, including amendment of sub-
section (g)(6), transmitted to OAL 7-31-2007 and filed 9-12-2007 (Register
2007, No. 37).
8. Change without regulatory effect amending subsections (a) and (g)(6) filed
4-7-2008 pursuant to section 100, title 1, California Code of Regulations (Reg-
ister 2008, No. 15).
§ 2454. Registration Process.
(a) The Executive Officer shall make registration data available to the
districts via the Internet.
(b) The Executive Officer may conduct an inspection of an engine or
equipment unit and/or require a source test in order to verify compliance
with the requirements of this article prior to issuance of registration.
(c) After obtaining registration in accordance with this article, an own-
er or operator of the registered engines or equipment units:
(J) shall comply with all conditions set forth in the issued registration.
Failure to comply with such conditions shall be deemed a violation of this
article; and
(2) may operate within the boundaries of the State of California so long
as such registered engines or equipment units comply with all applicable
requirements of this article and any other applicable federal or State law.
(d) Districts shall provide the Executive Officer with written reports
or electronic submittals via the Internet, describing any inspections and
the nature and outcome of any violation of local, State or federal laws by
the owner or operator of registered engines or equipment units. The Ex-
ecutive Officer shall make available to all districts such information via
the Internet.
NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755,
43013(b) and 4301 8, Health and Safety Code. Reference: Sections 41750, 41751 ,
41752, 41753, 41754 and 41755, Health and Safety Code.
History
1. New section filed 9-17-97; operative 9-17-97 pursuant to Government Code
section 1 1343.4(d) (Register 97, No. 38).
2. Amendment of Note filed 8-2-2005; operative 9-1-2005 (Register 2005, No.
31).
3. Amendment filed 4-26-2007; operative 4-27-2007 pursuant to Government
Code section 1 1343.4 (Register 2007, No. 17).
§ 2455. General Requirements.
(a) The emissions from engines or equipment units registered under
this article shall not, in the aggregate, interfere with the attainment or
maintenance of any California or federal ambient air quality standard.
The emissions from one or more registered engines or equipment units,
exclusive of background concentration, shall not cause an exceedance of
any ambient air quality standard. This paragraph shall not be construed
as requiring operators of registered engines or equipment units to provide
emission offsets for engines or equipment units registered under this ar-
ticle.
(b) Engines or equipment units registered under this article shall com-
ply with article 1, chapter 3. part 4, division 26 of the California Health
and Safety Code, commencing with section 41700.
(c) Except for engines or equipment units permitted or registered by
a district in which an emergency event occurs, an engine or equipment
unit operated during an emergency event as defined in section 2452(i) of
this article, is considered registered under the requirements of this article
for the duration of the emergency event and is exempt from sections
2455, 2456, 2457, 2458, and"2459 of this article for the duration of the
emergency event provided the owner or operator notifies the Executive
Officer within 24 hours of commencing operation. The Executive Offi-
cer may for good cause refute that an emergency event under this provi-
sion exists. If the Executive Officer deems that an emergency event does
not exist, all operation of engines and equipment units covered by this
provision shall cease operation immediately upon notification by the Ex-
ecutive Officer. Misrepresentation of an emergency event and failure to
cease operation under notice of the Executive Officer shall be deemed a
violation of this article.
(d) For the purposes of registration under this article, the owner or op-
erator of a registered equipment unit must notify the U.S. EPA and com-
ply with 40 CFR 52.21 if:
(1) the registered equipment unit operates at a major stationary source
under 40 CFR 51.166 or 52.21, and
(A) the major stationary source is located within 10 kilometers of a
Class I area; or
(B) the registered equipment unit, operating in conjunction with other
registered equipment units, operates at the major stationary source and
its operation would be defined as a major modification to the stationary
source under 40 CFR 51.166 or 52.21; or
(2) the registered equipment unit, operating in conjunction with other
registered equipment units, would be defined as a major stationary
source, as defined under 40 CFR 51.166 or 52.21.
NOTE: Authority cited: Sections 39600. 39601, 41752. 41753, 41754, 41755,
4301 3(b) and 4301 8, Health and Safety Code. Reference: Sections 41 750, 41 751,
41752, 41753, 41754 and 41755, Health and Safety Code.
History
1 . New section filed 9-17-97; operative 9-17-97 pursuant to Government Code
section 11343.4(d) (Register 97, No. 38).
2. Amendment filed 12-1-99; operative 12-1-99 pursuant to Government Code
section 11343.4(d) (Register 99, No. 49).
3. Amendment of subsection (c) and Note filed 8-2-2005; operative 9-1-2005
(Register 2005, No. 31).
4. Change without regulatory effect amending subsection (c) filed 10-27-2005
pursuant to section 100, title 1, California Code of Regulations (Register 2005,
No. 43).
5. Amendment filed 4—26-2007; operative 4-27-2007 pursuant to Government
Code section 1 1 343.4 (Register 2007, No. 1 7).
6. Amendment of subsections (a) and (c) filed 4-26-2007 as an emergency; opera-
tive 4-27-2007 (Register 2007, No. 17). A Certificate of Compliance must be
transmitted to OAL by 10-23-2007 or emergency language will be repealed by
operation of law on the following day.
7. Certificate of Compliance as to 4-26-2007 order transmitted to OAL
7-31-2007 and filed 9-12-2007 (Register 2007, No. 37).
8. Editorial correction adding inadvertently omitted subsection (d) (Register 2007,
No. 51).
§ 2456. Engine Requirements.
(a) For TSE, no air contaminant shall be discharged into the atmo-
sphere, other than uncombined water vapor, for a period or periods ag-
gregating more than three minutes in any one hour which is as dark or
darker in shade as that designated as No. 2 on the Ringelmann Chart, as
published by the United States Bureau of Mines, or of such opacity as to
obscure an observer's view to a degree equal to or greater than does
smoke designated as No. 2 on the Ringelmann Chart. No other require-
ments of this section are applicable to TSE.
(b) Registered diesel pile-driving hammers shall comply with the
applicable provisions of section 41701.5 of the California Health and
Safety Code and are otherwise exempt from further requirements of this
section.
(c) To be registered in the Statewide Registration Program, a regis-
tered engine rated less than 50 brake horsepower shall be a certified com-
pression-ignition engine or a certified spark-ignition engine, unless no
Page 302
Register 2008, No. 15; 4-11-2008
Title 13
Air Resources Board
§2456
emission standards exist for that brake horsepower and year of manufac-
ture. In that event, the engine shall comply with the applicable daily and
annual emission limits contained in section 2456(d)(6) of this article. No
other requirements of this section are applicable to portable engines rated
less than 50 brake horsepower.
(d) After January 1 , 2006, engines rated equal to, or greater than 50 bhp
registered under this article shall:
(1) be certified compression-ignition engines or certified spark-igni-
tion engines that meet the most stringent emissions standard in effect for
the applicable horsepower range at the time the application is submitted
by the responsible official. Spark-ignition engines that are not certified
spark-ignition engines may be registered if they meet the emission stan-
dards in Table 1 . Subsection (d)( 1 ) does not apply to certified compress-
ignition engines built under the flexibility provisions listed in 40 CFR
part 89.102, engines that are resident engines, changes of ownership, or
engines that meet the requirements of Title 1 7 of the California Code of
Regulations sections 93116.3(b)(7) or 93116.3.1.
(2) meet all applicable requirements in Title 17 of the California Code
of Regulations commencing with section 931 16;
(3) use only fuels meeting the standards for California motor vehicle
fuels as set forth in chapter 5, division 3, Title 13 of the California Code
of Regulations, commencing with section 2250, or other fuels and/or ad-
ditives that have been verified through the Verification Procedure for In-
Use Strategies to Control Emissions from Diesel Engines;
(4) not exceed particulate matter emissions concentration of 0. 1 grain
per standard dry cubic feet corrected to 12 percent CCb. This provision
does not apply to certified compression-ignition engines, certified
spark-ignition engines, or any spark-ignition engine meeting Table 1 re-
quirements;
(5) not discharge air contaminants into the atmosphere for a period or
periods aggregating more than three minutes in any one hour which is as
dark as or darker than Ringelmann 1 or equivalent 20 percent opacity,
and
(6) not exceed the following emission limits:
(A) 550 pounds per day per engine of carbon monoxide (CO);
(B) 150 pounds per day per engine of particulate matter less than 10
microns (PMjo);
(C) for registered engines operating onshore, 10 tons for each-pollut-
ant per district per year per engine for NOx, SOx, VOC, PMio, and CO
in nonattainment areas; and
(D) for registered engines operating within STW:
1. the offset requirements of the corresponding onshore district apply.
Authorization from the corresponding onshore district is required prior
to operating within STW. If authorization is in the form of a current dis-
trict permit, the terms and conditions of the district permit supersede the
requirements of the statewide registration for the project, except that the
most stringent of the technology and emission concentration limits re-
quired by the district permit or statewide registration are applicable. If the
registered engine does not have a current district permit, the terms and
conditions of the statewide registration apply, and the corresponding on-
shore district may require offsets pursuant to district rules and regula-
tions. The requirement for district offsets shall not apply to the owner or
operator of an engine(s) registered in the statewide registration program
when the engine(s) is operated at a stationary source permitted by the dis-
trict; and
2. the corresponding onshore district may perform an ambient air qual-
ity impact analysis (AQIA) for the proposed project prior to granting au-
thorization. The owner or operator of engine(s) registered in the state-
wide registration program shall be required, at the request of the district,
to submit any information deemed by the district to be necessary for per-
forming the AQIA. Statewide registration shall not be valid at any loca-
tion where the AQIA demonstrates a potential violation of an ambient air
quality standard.
(E) for registered engines operating in the South Coast Air Quality
Management District (SCAQMD), 100 pounds nitrogen oxides (NOx)
per project per day [An owner may substitute SCAQMD permit or regis-
tration limits in effect on or before September 17, 1997 (optional)];
(F) 100 pounds NOx per registered engine per day, except in
SCAQMD where the limit is 100 pounds NOx per project per day.
(7) In lieu of (6)(E) and (6)(F) above, operation of a registered new
nonroad engine rated at 750 brake horsepower or greater for which a fed-
eral or California standard pursuant to 40 CFR Part 89 or Title 1 3 of the
California Code of Regulations has not yet become effective, shall not
exceed 12 hours per day.
(8) For registered engines that operate in both STW and onshore, the
10 tons per district per year per engine limit in (6)(C) above shall only
apply onshore.
(9) For certified compression-ignition engines, certified spark-igni-
tion engines, or any spark-ignition engine meeting Table 1 requirements,
the daily and annual emission limitations in section 6 above shall not ap-
ply.
(10) Effective January 1, 2010, all registered spark-ignition engines
rated at 50 brake horsepower or greater shall be certified spark-ignition
engines or shall meet Table 1 requirements. For those spark ignition en-
gines that are not certified spark-ignition engines or do not meet Table
1 requirements, the registration shall expire on December 31, 2009 and
the engine will not be allowed to operate under the authority of this regu-
lation.
(e) All registered engines shall be equipped with a functioning non-re-
settable hour meter, fuel meter or other operation tracking device ap-
proved by the Executive Officer. Engines registered prior to the effective
date of this regulation, that are not equipped with a functional non-reset-
table hour meter, fuel meter or other operation tracking device shall
install one and notify ARB in writing within 6 months of the effective
date of this regulation.
(f) Registered TSE is exempt from district New Source Review and
Title V programs, including any offset requirements. Further, emissions
from registered TSE shall not be included in Title V or New Source Re-
view applicability determinations.
NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755,
43013(b) and 43018, Health and Safety Code. Reference: Sections 41750, 41751,
41752, 41753, 41754 and 41755, Health and Safety Code.
History
1. New section filed 9-17-97; operative 9-17-97 pursuant to Government Code
section 11343.4(d) (Register 97, No. 38).
2. Amendment of section and Tables 1 and 2 filed 12-1-99; operative 12-1-99
pursuant to Government Code section 1 1343.4(d) (Register 99, No. 49).
3. Amendment of section and Note, repealer of Table 1 , renumbering of tables and
amendment of newly designated Table 1 filed 8-2-2005; operative 9-1-2005
(Register 2005, No. 31).
4. Amendment of subsection (d)(5) and new subsections (k)-(k)(2) filed
12-27-2006 as an emergency; operative 12-27-2006 (Register 2006, No. 52).
A Certificate of Compliance must be transmitted to OAL by 4-26-2007 or
emergency language will be repealed by operation of law on the following day.
5. Reinstatement of section as it existed prior to 12-27-2006 emergency amend-
ment by operation of Government Code section 1 1 346. 1(0 (Register 2007, No.
17).
6. Amendment filed 4-26-2007; operative 4-27-2007 pursuant to Government
Code section 11343.4 (Register 2007, No. 17).
7. Amendment of subsections (a), (c) and (d)(1), repealer of subsections
(d)(l)(A)-(C) and new subsection (d)(10) filed 4-26-2007 as an emergency;
operative 4-27-2007 (Register 2007, No. 17). A Certificate of Compliance
must be transmitted to OAL by 10-23-2007 or emergency language will be re-
pealed by operation of law on the following day.
8. Certificate of Compliance as to 4-26-2007 order, including amendment of sub-
section (d)(1), transmitted to OAL 7-31-2007 and filed 9-12-2007 (Register
2007, No. 37).
Table 1. Spark-Ignition Engine Requirements*
NOx**
80 ppmdv NOx
(1.5g/bhp-hr)**
Pollutant Emission Limits
VOC**
240 ppmdv VOC
(1.5g/bhp-hr)
CO**
176 ppmdv CO
(2.0 g/bhp-hr)
*These requirements are in addition to requirements of section 2455 and 2456.
**For the purpose of compliance with this article, ppmdv is parts per million @
15 percent oxygen averaged over 15 consecutive minutes. Limits of ppmdv are the
Page 303
Register 2008, No. 15; 4-11-2008
§2457
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
approximate equivalent to the stated grams per brake horsepower hour limit based
on assuming the engine is 24.2 percent efficient.
§ 2457. Requirements for Registered Equipment Units.
(a) Emissions from a registered equipment unit, exclusive of emis-
sions emitted directly from the associated portable engine, shall not ex-
ceed:
(1) 10 tons per year per district of PM^o; and
(2) 82 pounds per project per day of PMio
(3) For registered equipment units that operate within STW and on-
shore, emissions released while operating both in STW and onshore shall
be included toward the 10 tons per year limit.
(b) Registered equipment units shall also meet the following applica-
ble requirements:
(1) Confined abrasive blasting operations:
(A) no air contaminant shall be discharged into the atmosphere for a
period or periods aggregating more than three minutes in any one hour
which is as dark as or darker than Ringelmann 1 or equivalent 20 percent
opacity;
(B) the particulate matter emissions shall be controlled using a fabric
or cartridge filter dust collector;
(C) as a part of application for registration, the applicant shall provide
manufacturer's specifications or engineering data to demonstrate a mini-
mum particulate matter control of 99 percent for the dust collection
equipment;
(D) except for vent filters, each fabric dust collector shall be equipped
with an operational pressure differential gauge to measure the pressure
drop across the filters; and
(E) there shall be no visible emissions beyond the property line on
which the equipment is being operated.
(2) Concrete batch plants:
(A) all dry material transfer points shall be ducted through a fabric or
cartridge type filter dust collector, unless there are no visible emissions
from the transfer point;
(B) all cement storage silos shall be equipped with fabric or cartridge
type vent filters;
(C) the silo vent filters shall be maintained in proper operating condi-
tion;
(D) no air contaminant shall be discharged into the atmosphere for a
period or periods aggregating more than three minutes in any one hour
which is as dark as or darker than Ringelmann 1 or equivalent 20 percent
opacity;
(E) open areas and all roads subject to vehicular traffic shall be paved,
watered, or chemical palliatives applied to prevent fugitive emissions in
excess of 20 percent opacity or Ringelmann 1 ;
(F) silo service hatches shall be dust-tight;
(G) as a part of application for registration, the applicant shall provide
manufacturer' s specifications or engineering data to demonstrate a mini-
mum particulate matter control of 99 percent for the fabric dust collection
equipment;
(H) except for vent filters, each fabric dust collector shall be equipped
with an operational pressure differential gauge to measure the pressure
drop across the filters;
(I) all aggregate transfer points shall be equipped with a wet suppres-
sion system to control fugitive particulate emissions unless there are no
visible emissions;
(J) all conveyors shall be covered, unless the material being trans-
ferred results in no visible emissions;
(K) wet suppression shall be used on all stockpiled material to control
fugitive particulate emissions, unless the stockpiled material results in no
visible emissions; and
(L) there shall be no visible emissions beyond the property line on
which the equipment is being operated.
(3) Sand and gravel screening, rock crushing, and pavement crushing
and recycling operations:
(A) no air contaminant shall be discharged into the atmosphere for a
period or periods aggregating more than three minutes in any one hour
which is as dark as or darker than Ringelmann 1 or equivalent 20 percent
opacity;
(B) there shall be no visible emissions beyond the property line on
which the equipment is being operated;
(C) all transfer points shall be ducted through a fabric or cartridge type
filter dust collector, or shall be equipped with a wet suppression system
maintaining a minimum moisture content unless there are no visible
emissions;
(D) particulate matter emissions from each crusher shall be ducted
through a fabric dust collector, or shall be equipped with a wet suppres-
sion system which maintains a minimum moisture content to ensure there
are no visible emissions;
(E) all conveyors shall be covered, unless the material being trans-
ferred results in no visible emissions;
(F) all stockpiled material shall be maintained at a minimum moisture
content unless the stockpiled material results in no visible emissions;
(G) as a part of application for registration, the applicant shall provide
manufacturer's specifications or engineering data to demonstrate a mini-
mum particulate matter control of 99 percent for the fabric dust collection
equipment;
(H) except for vent filters, each fabric dust collector shall be equipped
with an operational pressure differential gauge to measure the pressure
drop across the filters;
(I) open areas and all roads subject to vehicular traffic shall be paved,
watered, or chemical palliatives applied to prevent fugitive emissions in
excess of 20 percent opacity or Ringelmann 1; and
(J) if applicable, the operation shall comply with the requirements of
40 CFR Part 60 Subpart OOO.
(4) Unconfined abrasive blasting operations:
(A) no air contaminant shall be discharged into the atmosphere for a
period or periods aggregating more than three minutes in any one hour
which is as dark as or darker than Ringelmann 2 or equivalent 40 percent
opacity;
(B) only California Air Resources Board-certified abrasive blasting
material shall be used [Note: see Title 17, California Code of Regula-
tions, section 92530 for certified abrasives.];
(C) the abrasive material shall not be reused;
(D) no air contaminant shall be released into the atmosphere which
causes a public nuisance;
(E) all applicable requirements of Title 17 of California Code of Regu-
lations shall also apply; and
(F) there shall be no visible emissions beyond the property line on
which the equipment is being operated.
(5) Tub grinders and trommel screens:
(A) there shall be no visible emissions beyond the property line on
which the equipment is being operated;
(B) no air contaminant shall be discharged into the atmosphere for a
period or periods aggregating more than three minutes in any one hour
which is as dark or darker than Ringelmann 1 or equivalent 20 percent
opacity; and
(C) water suppression or chemical palliatives shall be used to control
fugitive particulate emissions from the tub grinder whenever the tub
grinder is in operation, unless there are no visible emissions.
(c) Registered equipment units not described in section 2457(b)
above, shall be subject to the most stringent district Best Available Con-
trol Technology (BACT) requirements in effect for that category of
source at the time of application for registration.
(d) No change in equipment unit configuration, operating scenario, or
number of transfer points from that set out in the registration for the
equipment unit shall be made unless a complete application for modifica-
tion has been filed and approved by the Executive Officer prior to opera-
tion.
(e) Registration is not valid for any equipment unit operating at a loca-
tion if by virtue of the activity to be performed hazardous air pollutants
will be emitted (e.g., rock crushing plant operating in a serpentine
Page 304
Register 2008, No. 15; 4-11-2008
Title 13
Air Resources Board
§2458
quarry). [Note: The equipment unit would be subject to the requirements
of the district in which the equipment unit is operated.]
NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755,
4301 3(b) and 4301 8, Health and Safety Code. Reference: Sections 41750. 41751,
41752, 41 753, 41754 and 41755, Health and Safety Code.
History
1. New section filed 9-17-97; operative 9-17-97 pursuant to Government Code
section 1 1343.4(d) (Register 97, No. 38).
2. Amendment filed 12-1-99: operative 12-1-99 pursuant to Government Code
section 1 1343.4(d) (Register 99, No. 49).
3. Amendment of subsections (a)(1), (b)(2)(I), (b)(3)(C), (b)(3)(F) and (b)(5)(B)
and amendment of Note filed 8-2-2005; operative 9-1-2005 (Register 2005,
No. 31).
4. Amendment of section heading and subsections (a), (b) and (c), new subsection
(d), subsection relettering and amendment of newly designated subsection (e)
filed 4-26-2007; operative 4-27-2007 pursuant to Government Code section
1 1 343.4 (Register 2007, No. 17).
§ 2458. Recordkeeping and Reporting.
(a) Except for registered engines owned by a rental business, used in
a third-party rental, operated by a PEPS, or TSE, the owner of registered
engines, including engines otherwise preempted under section 209(e) of
the federal Clean Air Act, or registered equipment units shall maintain
records of operation of each registered engine and equipment unit. Re-
cordkeeping for engines not previously required to maintain records shall
begin upon the effective date of the regulation or January 1 , 2007, which
ever is later. For engines not previously required to have an hour meter,
fuel meter or other device approved by the Executive Officer, the owner
or operator shall record hours of operation until the hour meter, fuel meter
or other device approved by the Executive Officer has been installed. The
records shall be maintained at a central place of business for five years,
and made accessible to the Executive Officer or districts upon request.
Records shall be maintained in a format approved by the Executive Offi-
cer and include, at a minimum, all of the following:
(1) engine or equipment unit registration number;
(2) recordings from an hour meter, fuel meter, or other device ap-
proved by the Executive Officer, and the corresponding dates of the re-
cordings for each registered engine or equipment unit based on the fol-
lowing:
(A) for each project as defined in 2452(ff) or (gg), readings shall be
recorded prior to the commencement of operation and at the completion
of the project; or
(B) for ongoing operation of a registered engine or equipment unit at
multiple locations within a stationary source, readings shall be recorded
at the beginning and end of each calendar week; or
(C) for each location, readings shall be recorded prior to commence-
ment of operation and upon completion of operation at that location.
(3) For registered engines and equipment units subject to a daily opera-
tional limitation, daily records of either hours of operation, fuel usage, or
process throughput as applicable.
(4) For equipment units subject to the requirements of section
2457(b)(3), daily throughput shall be the sum of measurements of materi-
al introduced into the equipment unit. These measurements shall be taken
at the initial loading point(s) of the equipment unit.
(5) recordings from an hour meter, fuel meter, or other device ap-
proved by the Executive Officer and the corresponding dates of the re-
cordings any time an engine or equipment unit is undergoing service, re-
pair, or maintenance; and
(6) for each start and stop reading specified in (2) and (3) above, the
location identified by district, county, or other indicator (i.e., street ad-
dress, UTM coordinates, etc.)
(b) A rental business or the owner of a registered engine or equipment
unit involved in a third party rental, shall maintain records for each rental
or lease transaction. The written rental or lease agreement shall be kept
onsite with the registered engine or equipment unit at all times. Record-
keeping for registered engines not previously required to maintain re-
cords shall begin upon the effective date of the regulations or January 1,
2007, which ever is later. For registered engines not previously required
to have an hour meter, fuel meter or other device approved by the Execu-
tive Officer, the owner or operator shall record hours of operation until
the hour meter, fuel meter or other device approved by the Executive Of-
ficer has been installed. The owner shall provide each person who rents
a registered engine or equipment unit with a written copy of applicable
requirements of this article, including recordkeeping and notification re-
quirements, as a part of the agreement. The records, including written ac-
knowledgment by each renter of the registered engine or equipment unit
of having received the above information, shall be maintained by the
rental business or the owner of the registered engine or equipment unit
involved in a third-party rental at a central location for five years, and
made accessible to the Executive Officer or districts upon request. Re-
cords shall be maintained in a format approved by the Executive Officer
and include, at a minimum, for each rental engine all of the following:
(1) registered engine registration number;
(2) dates for the start and end of the rental transaction;
(3) hours of operation for each rental period including the hour meter
reading at the start of the rental transaction and the hour meter reading
at the end of the rental transaction; and
(4) location of use (by district, county or other indicator (i.e., street ad-
dress, UTM coordinates, etc.)).
(c) For TSE, each military installation shall provide the Executive Of-
ficer an annual report, in a format approved by the Executive Officer,
within 60 days after the end of each calendar year. The report shall in-
clude the number, type, and rating of registered TSE at each installation
as of December 3 1 of that calendar year, and be accompanied by the ap-
plicable fees pursuant to section 2461. Any variation of registered TSE
to actual TSE shall be accounted for in this annual report, and the Execu-
tive Officer shall issue an updated TSE list accordingly. A renewal regis-
tration will be issued with the updated TSE list every three years accord-
ing to expiration date.
(d) For each registered engine subject to the requirements of Title 17
California Code of Regulations section 931 16, the owner shall keep re-
cords and submit reports in accordance with Title 1 7 California Code of
Regulations section 93116.4.
(e) Except for registered engines or equipment units owned by a rental
business, used in a third-party rental, operated by a PEPS or TSE, the
owner of a registered engine or equipment unit shall provide the Execu-
tive Officer an annual report signed by the responsible official, in a for-
mat approved by the Executive Officer, by March 1 of each calendar year
containing all of the following information:
(1) the reporting year;
(2) the registration number of each registered engine and/or equipment
unit;
(3) for registered engines, quarterly summaries for each district or
county the total fuel usage in gallons per quarter, or total hours of opera-
tion per quarter, for each registered engine; and
(4) for registered equipment units, quarterly summaries for each dis-
trict or county in which the registered equipment unit was operated and
the total process weight or throughput.
(f) The owner of a registered engine or equipment unit owned by a
rental business or used in a third-party rental transaction shall provide the
Executive Officer an annual report signed by the responsible official, in
a format approved by the Executive Officer, by March 1 of each calendar
year containing all of the following information:
( 1 ) the reporting year;
(2) the registration number of each registered engine and/or equipment
unit;
(3) total hours of operation for the reporting year for each registered
engine based on, and including, beginning and ending annual hour meter
readings and dates upon which the total hours of annual operation cal-
culation is based;
(4) list of all counties in which the registered engine operated in during
the reporting year as reported by the entity(ies) that operated the regis-
tered engine;
(5) estimate of the percentage of total hours for each engine operated
in each of the counties identified in (4) above; and
Page 305
Register 2008, No. 15; 4-11-2008
§2459
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(6) for registered equipment units, quarterly and annual summaries for
each district or county in which the registered equipment unit was oper-
ated and the total process weight or throughput.
(g) the owner or operator of a registered engine or equipment unit used
by a PEPS shall provide the Executive Officer an annual report, in a for-
mat approved by the Executive Officer, by March 1st of each calendar
year containing all of the following information:
(1) the reporting year;
(2) the registration number of each registered engine and/or equipment
unit;
(3) total hours of operation; and
(4) estimate of the percentage of hours or fuel usage for the three coun-
ties in which the registered engine or equipment unit operated the most.
(h) Records requests made by a district or Executive Officer shall be
made to the responsible official. The responsible official shall provide
the requested records within 30 days from receipt of the request. Failure
to provide the records by the specified date shall be deemed a violation
of this article.
(i) Each district shall provide the Executive Officer with an annual re-
port, in a format approved by the Executive Officer, by March 3 1 follow-
ing the year in which the information was collected containing all of the
following information:
(1) the number of portable engines and equipment units inspected;
(2) the number of portable engines and/or equipment units found oper-
ating without valid district permits or statewide registrations;
(3) the number of registered engines and equipment units inspected;
and
(4) summary of results of inspections.
(j) Vendors selling new portable engines and/or equipment units in
California shall:
(1) notify the buyer about this regulation; and
(2) on a monthly basis submit to the Executive Officer the number of
portable engines and/or portable equipment units sold by the vendor for
use in California including: the name, address, and contact information
of the purchaser, and description of the engine and/or equipment unit in-
cluding make, model, and engine family name.
NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755,
43013(b) and 43018, Health and Safety Code. Reference: Sections 41750, 41751,
41752, 41753, 41754 and 41755, Health and Safety Code.
History
1. New section filed 9-17-97; operative 9-17-97 pursuant to Government Code
section 1 1343.4(d) (Register 97, No. 38).
2. Amendment filed 12-1-99; operative 12-1-99 pursuant to Government Code
section 1 1343.4(d) (Register 99, No. 49).
3. Amendment of section and Note filed 8-2-2005; operative 9-1-2005 (Register
2005, No. 31).
4. Amendment filed 4-26-2007; operative 4-27-2007 pursuant to Government
Code section 1 1 343.4 (Register 2007, No. 17).
5. Amendment of subsection (a), new subsection (a)(4), subsection renumbering,
amendment of subsections (b)-(b)(l) and (f)(4)-(5) and new subsection (f)(6)
filed 4-26-2007 as an emergency; operative 4-27-2007 (Register 2007, No.
17). A Certificate of Compliance must be transmitted to OAL by 10-23-2007
or emergency language will be repealed by operation of law on the following
day.
6. Certificate of Compliance as to 4-26-2007 order transmitted to OAL
7-31-2007 and filed 9-12-2007 (Register 2007, No. 37).
7. Change without regulatory effect amending subsections (a)(2)(A) and (a)(6)
filed 4-7-2008 pursuant to section 100, title 1, California Code of Regulations
(Register 2008, No. 15).
§ 2459. Notification.
(a) Except as listed in subsection (d) of this section, if a registered
equipment unit will be at a location for more than five days, the owner
or operator of that registered equipment unit, shall notify the district in
writing in a format approved by the Executive Officer, within two work-
ing days of commencing operations in that district. If the registered
equipment unit is to be moved to different locations within the same dis-
trict, the owner or operator shall be subject to the notification require-
ments above, unless the owner or operator and the district, by mutual
agreement, arrange alternative notification requirements on a case-by-
case basis. The notification shall include all of the following:
(1) the registration number of the registered equipment unit;
(2) the name and phone number of the responsible official or renter
with information concerning the locations where the registered equip-
ment unit will be operated within the district; and
(3) estimated time the registered equipment unit will be located in the
district.
(b) If the district has not been notified as required in section 2459(a)
above, because the owner or operator did not reasonably expect the dura-
tion of operation to trigger the notification requirement in section
2459(a) above, the owner or operator shall notify the district, in a format
approved by the Executive Officer, within 12 hours of determining the
registered equipment unit will be operating at a location more than five
days.
(c) Owners and operators of TSE are not subject to the notification re-
quirements of this section 2459.
(d) For STW projects, the owner or operator of a registered engine or
registered equipment unit shall notify the corresponding onshore district
in writing, in a format approved by the Executive Officer at least 14 days
in advance of commencing operations in that district. The notification
shall include all of the following:
(1) the registration number of the registered engine or equipment unit;
(2) the name and phone number of the responsible official with in-
formation concerning the locations where the registered engine or equip-
ment unit will be operated within the district;
(3) estimated time the registered engine(s) or equipment unit(s) will
be located in the district; and
(4) calculations showing the estimation of actual emissions expected
for the project.
(e) Except as listed in section 2459(d) above, owners and operators of
registered engines are not subject to notification requirements.
(f) The Executive Officer shall make available via the Internet a list of
approved notification methods for each district.
(g) Failure to provide the required notifications within the timelines
specified in this section shall be deemed a violation of this regulation.
NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755,
43013(b) and 43018, Health and Safety Code. Reference: Sections 41750, 41751 ,
41752, 41753, 41754 and 41755, Health and Safety Code.
History
1. New section filed 9-17-97; operative 9-17-97 pursuant to Government Code
section 11343.4(d) (Register 97, No. 38).
2. Amendment filed 12-1-99; operative 12-1-99 pursuant to Government Code
section 11343.4(d) (Register 99, No. 49).
3. Amendment of subsections (a), (a)(2), (e). (f) and (f)(2) and amendment of Note
filed 8-2-2005; operative 9-1-2005 (Register 2005, No. 31).
4. Amendment filed 4-26-2007; operative 4-27-2007 pursuant to Government
Code section 11343.4 (Register 2007, No. 17).
5. Amendment of subsection (g) filed 4-26-2007 as an emergency; operative
4-27-2007 (Register 2007, No. 17). A Certificate of Compliance must be trans-
mitted to OAL by 10-23-2007 or emergency language will be repealed by op-
eration of law on the following day.
6. Certificate of Compliance as to 4-26-2007 order transmitted to OAL
7-31-2007 and filed 9-12-2007 (Register 2007, No. 37).
§ 2460. Inspections and Testing.
(a) In determining if a portable engine or equipment unit is eligible for
registration, the Executive Officer may inspect the portable engine or
equipment unit and/or require a source test, at the owner's expense.
(b) Each district shall inspect all registered engines and equipment
units for which the district has been designated as the home district pur-
suant to section 2453(i) above, as specified below:
(1) Within 45 days after the date of initial issuance or renewal of a reg-
istration, the owner or operator shall contact the home district to arrange
for inspection of the registered engine or equipment unit to be completed
within one year of the initial registration or renewal date. If the registered
engine or equipment unit shall be operating in a district, other than the
home district, the owner or operator may request the home district to ar-
range for an inspection by the other district.
Page 306
Register 2008, No. 15; 4-11-2008
Title 13
Air Resources Board
§2461
•
(2) For portable engines, each home district should conduct no more
than 20 percent of the arranged inspections for that district as in-field in-
spections. All arranged inspections not conducted as in-field inspections
shall be conducted as non-field inspections. If a portable engine is found
in violation during an in-field inspection, the next arranged inspection
for that engine shall be an in-field inspection. This section does not limit
the authority of a district to conduct any number of non-arranged in-field
or non-field inspections for which no fee is charged.
(3) For registered equipment units operating with registered engines,
the owner or operator may not request that the registered engine be in-
spected at the hourly rate specified in Table 3 for equipment unit inspec-
tions. Inspection fees for registered engines are to be paid as listed in item
14 in Table 3.
(4) Arranged inspections for PEPS engines and registered equipment
units shall be non-field inspections unless an in-field inspection is re-
quested by the holder of the registration and a reasonable in-field inspec-
tion location is arranged with the appropriate district.
(5) The time for an arranged inspection shall be agreed upon in ad-
vance with the district and company preferences regarding time of day
shall be accommodated within reason. To the extent that an arranged in-
spection does not fall within the district's normal workday, the district
may charge for the off-hour time based on a fee as specified in Table 3.
(6) If an arranged inspection of a registered engine or registered equip-
ment unit does not occur due to unforeseen circumstances, the owner or
operator and the home district shall reschedule the arranged inspection
no later than 90 days of the initially scheduled inspection. Any unreason-
able actions on the part of the owner or operator that prevents the inspec-
tion to occur within the specified time frame shall be deemed a violation
of this article. Actions taken by the owner or operator that could be
deemed "unreasonable" include, but are not limited to:
(A) failing to respond to the district correspondences or other contracts
made to schedule the inspection;
(B) failing to ensure that the registered engine or equipment unit is in
operation for arranged "in-field inspections" or where the district has
provided advance notification to the owner or operator that the registered
engine or equipment unit is required to be observed in operation.
(7) The owner or operator may request the scheduling of one or more
arranged inspections for multiple engines in order to qualify for an in-
spection fee discount as specified in section 2461(d). Within 45 days of
date of initial issuance of registration or by January 30 of each year for
renewals, the owner or operator shall submit a letter of intent including
an equipment list and registration numbers to the district to arrange for
inspection of multiple engines. The inspections shall be completed with-
in one year after the registration renewal date for each engine inspected.
(8) If a registered engine or equipment unit is out of California for one
year or more following initial registration or renewal, the engine or
equipment unit shall be excused from having the arranged inspection
within that period if:
(A) within 45 days after the date of initial issuance or renewal of the
registration, the owner or operator submitted a letter to the district noting
the registration number of the registered engine or equipment unit and
that the engine or unit is out of California for the one-year period; and
(B) upon the return of the registered engine or equipment unit to the
State, the owner or operator shall arrange to have the registered engine
or equipment unit inspected within 30 days.
(c) After issuance of registration, the Executive Officer or district may
at any time conduct an inspection of any registered portable engine or
equipment unit in order to verify compliance with the requirements of
this article. The district shall not charge the owner or operator an addi-
tional inspection fee for that inspection. Source testing of engines for
compliance purposes shall not be required more frequently than once ev-
ery three years (including testing at the time of registration), except as
provided in section 2460(e), unless evidence of engine tampering, lack
of proper engine maintenance, or other problems or operating conditions
that could affect engine emissions are identified. In no event shall the Ex-
ecutive Officer or district require source testing of a portable engine for
which there is no applicable emission standard, emission limit or other
emission related requirement contained in this regulation.
(d) Testing shall be conducted in accordance with the following meth-
ods or other methods approved by the Executive Officer:
Particulate Matter: ARB Test Method 5 with probe catch and
filter catch only
VOC: ARB Test Method 1 00 or U.S. EPA Test
Method 25A
NOx: ARB Test Method 1 00 or U.S. EPA Test
Method 7E
Carbon Monoxide: ARB Test Method 100 or U.S. EPA Test
Method 10
Oxygen: ARB Test Method 1 00 or U.S. EPA Test
Method 3A
Gas Velocity and Flow Rate: ARB Test Method I & 2 or U.S. EPA Test
Method 1 & 2
(e) Initial or follow-up source testing of engines to verify compliance
with the requirements of this regulation shall not be required for certified
compression-ignition engines and spark-ignition engines.
(f) The exemption provided in section 2460(e) shall not apply to
source testing of engines for compliance purposes where evidence of en-
gine tampering, lack of proper engine maintenance, or other problems or
operating conditions that could affect engine emissions are identified.
NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755,
43013(b) and 43018, Health and Safety Code. Reference: Sections 41750, 41751,
41752, 41753, 41754 and 41755, Health and Safety Code.
History
1. New section filed 9-17-97; operative 9-17-97 pursuant to Government Code
section 1 1343.4(d) (Register 97, No. 38).
2. Amendment filed 12-1-99; operative 12-1-99 pursuant to Government Code
section 1 1343.4(d) (Register 99, No. 49).
3. Amendment of subsections (c) and (d)(1) and amendment of Note filed
8-2-2005; operative 9-1-2005 (Register 2005, No. 31).
4. Amendment of section heading and section filed 4-26-2007; operative
4-27-2007 pursuant to Government Code section 1 1 343.4 (Register 2007, No.
17).
5. Amendment of subsections (b)(3), (b)(5) and (e) filed 4-26-2007 as an emer-
gency; operative 4-27-2007 (Register 2007, No. 17). A Certificate of Com-
pliance must be transmitted to OAL by 10-23-2007 or emergency language
will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 4-26-2007 order, including further amendment
of subsections (b)(3) and (b)(5), transmitted to OAL 7-31-2007 and filed
9-12-2007 (Register 2007, No. 37).
§2461. Fees.
(a) Except as otherwise set out herein, the Executive Officer shall as-
sess and collect reasonable fees for registration, renewal, and associated
administrative tasks, to recover the estimated costs to the Executive Offi-
cer for evaluating registration applications, and issuing registration doc-
umentation.
(b) Fees shall be due and payable to the Executive Officer at the time
an application is filed or as part of any request requiring a fee. Fees are
nonrefundable except in circumstances as determined by the Executive
Officer.
(c) Except as provided in (k) below, the owner or operator of a regis-
tered engine or equipment unit shall submit fees to the Executive Officer
in accordance with Table 3.
(d) The Executive Officer shall collect an inspection fee as listed in
Table 3 one time per every three calendar years for each registered engine
to be paid upon initial application and renewal. Except for TSE, when
multiple registered engines are inspected at a given source or location,
the owner shall receive a discount if the owner or operator intends to ar-
range multiple engines inspections with the district and complies with the
requirements specified in section 2460(b)(7). The discounts shall be ap-
plied as follows:
(1) no discount for 1 to 3 engines
(2) 25 percent discount for 4 to 9 engines
(3) 35 percent discount for 10 or more engines
(e) Failure to pay renewal fees when due may result in penalties. If a
fee payment is not received or postmarked by the specified due date, fee
Page 307
Register 2008, No. 15; 4-11 -2008
§2461
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
penalties may be assessed per unit in accordance with Table 2. Failure to
pay renewal fees prior to expiration may result in cancellation of the reg-
istration. If a registration has expired for an engine or equipment unit that
is eligible for reactivation, a canceled registration may be reactivated af-
ter payment of all renewal and penalty fees. Registration may be reissued
under the original registration number and expiration date. A portable
engine or equipment unit without valid registration is subject to the rules
and regulations of the district in which it operates.
(f) Fees shall be periodically revised by the Executive Officer in accor-
dance with the consumer price index, as published by the United States
Bureau of Labor Statistics.
(g) A district may collect a fee for the inspection of a registered equip-
ment unit pursuant to section 2460(b)(3). The district shall bill the owner
of the equipment unit at a rate as specified in Table 3 of the regulation for
actual staff time taken to perform the inspection, not to exceed the
amount specified in Table 3. Upon receipt of the invoice for the inspec-
tion fee, the owner shall have the right to appeal the district's fee deter-
mination to the district Air Pollution Control Officer pursuant to the pro-
visions of the district's rules and regulations that govern appeals of fee
determinations.
(h) The Executive Officer shall annually distribute district inspection
fees collected for that year. General inspection fees will be distributed
equally among the districts. Home district inspection fees will be distrib-
uted to the corresponding home district.
(i) TSE fees are due at the time of the report pursuant to section
2458(c). Failure to submit the annual report and applicable fees within
six calendar months after the end of the year will result in cancellation
of the registration. For TSE, if registration is cancelled or allowed to ex-
pire, the applicant shall reapply and pay initial registration fees.
(j) The district may collect an inspection fee as listed in Table 3 one
time per calendar year for each registered TSE inspected. When multiple
registered TSE units are inspected at a given source or location, the in-
spection fee shall be equal to the lesser of the actual cost, including staff
time, for conducting the inspection or the fee as listed in Table 3 per regis-
tered portable engine or equipment unit inspected. If the district performs
an inspection leading to determination of non-compliance with this ar-
ticle, or any applicable state or federal requirements, the district may
charge a fee as listed in Table 3 per portable engine or equipment unit for
each inspection necessary for the determination and ultimate resolution
of the violation. In no event shall the total fees exceed the actual costs,
including staff time, to the district of conducting the investigations and
resolving any violations.
(k) Portable engines qualifying for initial registration as resident en-
gines per section 2452(//)(2) shall use the Table 2 fee schedule. The fees
collected subject to this section shall be distributed to the districts, except
that $270 dollars per engine for initial registration, and an additional $80
dollars per engine shall be retained by the Air Resources Board to provide
for administrative costs. The fees shall be determined as follows:
(1) For tier 1 engines, as defined in section 2452(uu), registration fees
will be based on the year listed in Table 2, as determined below:
(A) Where date of purchase can be verified by the Executive Officer,
the earlier of:
(1) for engines >50 bhp and <100 bhp: year of purchase or 2004;
(2) for engines >100 bhp and <300 bhp: year of purchase or 2003;
(3) for engines >300 bhp and <600 bhp: year of purchase or 2001;
(4) for engines >600 bhp and <750 bhp: year of purchase or 2002;
(5) for engines >750 bhp: year of purchase or 2006.
(B) Where the date of purchase can not be verified, the model year
shall be used.
(2) For tier 2 engines, as defined in section 2452(vv), registration fees
as listed in Table 2 will be based on the year the engine was purchased
(as verified by the Executive Officer) or the model year of the engine (if
purchase date is not available).
Table 2 Reg
istration Fees For Resident Engines
Per Section
2452(//)(2)
Application
Application
Application
Portable Engine
Submitted on or
Submitted in
Submitted in
Date*
Before 12/31/07
2008
2009
1996
$2,353
$3,130
$5,000
1997
$2,195
$2,920
$4,685
1998
$2,038
$2,710
$4,370
1999
$1,880
$2,500
$4,055
2000
$1,723
$2,290
$3,740
2001
$1,565
$2,080
$3,425
2002
$1,408
$1,870
$3,110
2003
$1,250
$1,660
$2,795
2004
$1,093
$1,450
$2,480
2005
$935
$1,240
$2,165
2006
$778
$1,030
$1,850
B
9
10
11
12
13
14
A
B
15
16
A
B
*As determined in section 2461 (k).
Table 3. Fees for Statewide Registration Program
(Fees are per registered unit except where noted otherwise)
Initial Registration
TSE, initial registration
Registration of first 25 units (or portion thereof)
Registration of every additional 50 units (or portion
thereof)
Change of status from non-operational to operational
Where initial evaluation has not been previously
completed
Where initial evaluation has been previously completed
4 Identical replacement
5 Renewal, non-TSE
6 Penalty fee for late renewal payments, non-TSE
A Postmarked within 2 calendar months prior to
registration expiration date
B Postmarked within the calendar month prior to
registration expiration date
C Postmarked after the registration expiration date
7 Annual TSE inventory fee
A first 25 units (or portion thereof)
B every additional 50 units (or portion thereof)
Modification to registered portable engine or equipment unit
Change of ownership
Replacement of registration identification device
Correction to an engine or equipment unit description
Update company information, copy of registration documents
Copy of registration documents
Total district inspection fee per registered portable engine, paid
once every 3 years
General district inspection fee
Home district inspection fee
District off-hour service fee per hour
District inspection fees for equipment units:
General district inspection fee, paid once every 3 years
District inspection fee per equipment unit, per hour
17 TSE inspection fees:
A General district inspection fee per TSE unit, paid annually
B District inspection fee per TSE unit per inspection
18 Placard
$270.00
$750.00
$750.00
$180.00
$90.00
$75.00
$225.00
$45.00
$90.00
$250.00
$375.00
$375.00
$75.00
$75.00
$30.00
$45.00
$45.00
$45.00
$345.00
$30.00
$315.00
$50.00
$75.00
$98.00
(not to
exceed
$500.00)
$10.00
$75.00
$5.00
NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755,
4301 3(b) and 4301 8, Health and Safety Code. Reference: Sections 41750, 41751 ,
41752, 41753, 41754 and 41755, Health and Safety Code.
History
1 . New section filed 9-17-97; operative 9-17-97 pursuant to Government Code
section 1 1343.4(d) (Register 97, No. 38).
2. Amendment of subsection (g), new subsection (/) and amendment of Table 3
filed 12-1-99; operative 12—1—99 pursuant to Government Code section
11343.4(d) (Register 99, No. 49).
3. Amendment of section and Note, renumbering of Table 3 to Table 2 and amend-
ment of table heading and table filed 8-2-2005; operative 9-1-2005 (Register
2005, No. 31).
4. Amendment of subsections (c)-(f) and new subsections (j)— (j)(2) and Table 3
filed 12-27-2006 as an emergency; operative 12-27-2006 (Register 2006, No.
52). A Certificate of Compliance must be transmitted to OAL by 4-26-2007 or
emergency language will be repealed by operation of law on the following day.
5. Reinstatement of section as it existed prior to 12-27-2006 emergency amend-
ment by operation of Government Code section 1 1346.1(f) (Register 2007, No.
17).
•
Page 308
Register 2008, No. 15; 4-11-2008
•
Title 13 Air Resources Board § 2462
6. Amendment of section and Table filed 4-26-2007; operative 4-27-2007 pur- § 2462. Duration of Registration.
suant to Government Code section 1 1 343.4 (Register 2007. No. 1 7). (a) Except for registrations that will expire on December 3 1 , 2009 pur-
7. Amendment of section and Table filed 4-26-2007 as an emergency; operative , . . 0.;,,,uim , ._ r^r^r, m i \c tt\.\iwi an
4-27-2007 (Register 2007, No. 17). A Certificate of Compliance must be trans- suant t0 sectl0ns 2456(d)(10) and 17 CCR 93116.3(b)(1)(A), reg.stra-
mitted to OAL by 10-23-2007 or emergency language will be repealed by op- tions and renewals will be valid for three years from date of issuance. For
eration of law on the following day. change of ownership, the registration shall retain the original expiration
8- -F^'on^f °l ^TP^'fo^n^ IS 4"26"?nnJ °rder transmitted to OAL d^/except where the registration has expired.
7-31-2007 and filed 9-12-2007 (Register 2007, No. 37). r c l
9. Change without regulatory effect amending section filed 4-7-2008 pursuant to
section 100, title 1, California Code of Regulations (Register 2008, No. 15).
•
[The next page is 309.
Page 308.1 Register 2008, No. 15; 4-11-2008
Title 13
Air Resources Board
§2464
•
(b) The Executive Officer shall mail to the owner of a registered engine
or equipment unit a renewal invoice at least 60 days prior to the registra-
tion expiration. Failure to send or receive a renewal invoice does not re-
lieve the responsible official from paying all applicable fees when due.
NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 41754. 41755,
43013(b) and 43018, Health and Safety Code. Reference: Sections 41750, 41 751,
41752, 41753, 41754 and 41755, Health and Safety Code.
History
1 . New section filed 9-17-97: operative 9-17-97 pursuant to Government Code
section 1 1343.4(d) (Register 97, No. 38).
2. Amendment of subsection (a) filed 12-1-99; operative 12-1-99 pursuant to
Government Code section 1 1343.4(d) (Register 99, No. 49).
3. Amendment of section and Note filed 8-2-2005; operative 9-1-2005 (Register
2005, No. 31).
4. Amendment filed 4-26-2007; operative 4-27-2007 pursuant to Government
Code section 1 1343.4 (Register 2007, No. 17).
5. Amendment of subsection (a) filed 4-26-2007 as an emergency; operative
4-27-2007 (Register 2007, No. 1 7). A Certificate of Compliance must be trans-
mitted to OAL by 10-23-2007 or emergency language will be repealed by op-
eration of law on the following day.
6. Certificate of Compliance as to 4-26-2007 order, including further amendment
of subsection (a), transmitted to OAL 7-3 1-2007 and filed 9-12-2007 (Regis-
ter 2007, No. 37).
§ 2463. Suspension or Revocation of Registration.
(a) The Executive Officer for just cause may suspend or revoke regis-
tration in any of the following circumstances:
(1 ) the holder of registration has violated one or more terms and condi-
tions of registration or has refused to comply with any of the require-
ments of this article;
(2) the holder of registration has materially misrepresented the mean-
ing, findings, effect or any other material aspect of the registration appli-
cation, including submitting false or incomplete information in its appli-
cation for registration regardless of the holder's personal knowledge of
the falsity or incompleteness of the information;
(3) the test data submitted by the holder of registration to show com-
pliance with this regulation have been found to be inaccurate or invalid;
(4) enforcement officers of the ARB or the districts, after presentation
of proper credentials, have been denied access, during normal business
hours or hours of operation, to any facility or location where registered
engines and equipment units are operated or stored and are prevented
from inspecting such engines or equipment units as provided for in this
article (the duty to provide access applies whether or not the holder of
registration owns or controls the facility or location in question);
(5) enforcement officers of the ARB or the districts, after presentation
of proper credentials, have been denied access to any records required by
this regulation for the purpose of inspection and duplication;
(6) the registered engine or equipment unit has failed in-use to comply
with the findings set forth in the registration. For the purposes of this sec-
tion, noncompliance with the registration may include, but is not limited
to:
(A) a repeated failure to perform to the standards set forth in this ar-
ticle; or
(B) modification of the engine or equipment unit that results in an in-
crease in emissions or changes the efficiency or operating conditions of
such engine or equipment unit, without prior notice to and approval by
the Executive Officer; or
(7) the holder of registration has failed to take requested corrective ac-
tion as set forth in a Notice of Violation or Notice to Comply within the
time period set forth in such notice.
(8) the holder of the registration has failed to pay fees assessed by ei-
ther the Executive Officer or district within 120 after the specified due
date and there is no pending appeal.
(b) A holder of registration may be subject to a suspension or revoca-
tion action pursuant to this section based upon the actions of an agent,
employee, licensee, or other authorized representative.
(c) The Executive Officer shall notify each holder of registration by
certified mail of any action taken by the Executive Officer to suspend or
revoke any registration granted under this article. The notice shall set
forth the reasons for and evidence supporting the action(s) taken. A sus-
pension or revocation is effective upon receipt of the notification.
(d) A holder of registration having received a notice to revoke or sus-
pend registration may request that the action be stayed pending a hearing
under section 2464. In determining whether to grant the stay, the Execu-
tive Officer shall consider the reasonable likelihood that the registration
holder of registration will prevail on the merits of the appeal and the harm
the holder of registration will likely suffer if the stay is not granted. The
Executive Officer shall deny the stay if the adverse effects of the stay on
the public health, safety, and welfare outweigh the harm to the holder of
registration if the stay is not granted.
(e) Once a registration has been suspended pursuant to (a) above, the
holder of registration shall satisfy and correct all noted reasons for the
suspension and submit a written report to the Executive Officer advising
him or her of all such steps taken by the holder before the Executive Offi-
cer will consider reinstating the registration.
(f) After the Executive Officer suspends or revokes a registration pur-
suant to this section and prior to commencement of a hearing under sec-
tion 2464, if the holder of registration demonstrates to the Executive Of-
ficer's satisfaction that the decision to suspend or revoke the registration
was based on erroneous information, the Executive Officer will reinstate
the registration.
(g) Nothing in this section shall prohibit the Executive Officer from
taking any other action provided for by law for violations of the Health
and Safety Code.
NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 41754. 41755,
43013(b) and 43018, Health and Safety Code. Reference: Sections 41750, 41751,
41752, 41753, 41754 and 41755, Health and Safety Code.
History
1. New section filed 9-17-97; operative 9-17-97 pursuant to Government Code
section 11343.4(d) (Register 97, No. 38).
2. Amendment of subsections (d)-(f) and amendment of Note filed 8-2-2005; op-
erative 9-1-2005 (Register 2005, No. 31).
3. Amendment of subsections (a)(4)-(6), new subsection (a)(8) and amendment
of subsections (b) and (d) filed 4-26-2007; operative 4-27-2007 pursuant to
Government Code section 1 1343.4 (Register 2007, No. 17).
§ 2464. Appeals.
(a) Hearing Procedures.
(1) Any applicant for registration whose application has been denied
or a holder of registration whose registration has been suspended, or re-
voked may request a hearing to review the action taken by sending a re-
quest in writing to the Executive Officer. A request for hearing shall in-
clude, at a minimum, the following:
(A) name of applicant or holder of registration;
(B) registration number;
(C) copy of the Executive Order revoking or suspending registration
or the written notification of denial;
(D) a concise statement of the issues to be raised, with supporting facts,
setting forth the basis for challenging the denial, suspension, or revoca-
tion (mere conclusory allegations will not suffice);
(E) a brief summary of evidence in support of the statement of facts
required in (D) above; and
(F) the signature of an authorized person requesting the hearing.
(2) A request for a hearing shall be filed within 20 days from the date
of issuance of the notice of the denial, suspension, or revocation.
(3) A hearing requested pursuant to this section shall be heard by a qu-
alified and impartial hearing officer appointed by the Executive Officer.
The hearing officer may be an employee of the ARB, but may not be any
employee who was involved with the registration at issue. In a request for
a hearing of a denial of registration, after reviewing the request for a hear-
ing and supporting documentation provided under subsection (1) above,
the hearing officer shall grant the request for a hearing if he or she finds
that the request raises a genuine and substantial question of law or fact.
(4) Except as provided in (3) above, the hearing officer shall schedule
and hold, as soon as practicable, a hearing at a time and place determined
by the hearing officer.
(5) Upon appointment, the hearing officer shall establish a hearing file.
The file shall consist of the following:
Page 309
Register 2007, No. 37; 9-14-2007
§2465
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(A) the determination issued by the Executive Officer which is the
subject of the request for hearing;
(B) the request for hearing and the supporting documents that are sub-
mitted with it;
(C) all documents relating to and relied upon in making the determina-
tion to deny registration or to suspend or revoke registration; and
(D) correspondence and other documents material to the hearing.
(6) The hearing file shall be available for inspection by the applicant
at the office of the hearing officer.
(7) An applicant may appear in person or may be represented by coun-
sel or by any other duly-authorized representative.
(8) The ARB may be represented by staff or counsel familiar with the
registration program and may present rebuttal evidence.
(9) Technical rules of evidence shall not apply to the hearing, except
that relevant evidence may be admitted and given probative effect only
if it is the kind of evidence upon which reasonable persons are accus-
tomed to relying in the conduct of serious affairs. No action shall be over-
turned based solely on hearsay evidence, unless the hearsay evidence
would be admissible in a court of law under a legally recognized excep-
tion to the hearsay rule.
(10) The hearing shall be recorded either electronically or by a certi-
fied shorthand reporter.
(1 1 ) The hearing officer shall consider the totality of the circumstances
of the denial, suspension, or revocation, including but not limited to,
credibility of witnesses, authenticity and reliability of documents, and
qualifications of experts. The hearing officer may also consider relevant
past conduct of the applicant including any prior incidents involving oth-
er ARB programs.
(12) The hearing officer's written decision shall set forth findings of
fact and conclusions of law as necessary.
(1 3) Within 30 days of the conclusion of a hearing, the hearing officer
shall submit a written proposed decision, including proposed finding as
well as a copy of any material submitted by the hearing participants as
part of that hearing and relied on by the hearing officer, to the Executive
Officer. The hearing officer may recommend to the Executive Officer
any of the following:
(A) uphold the denial, suspension, or revocation action as issued;
(B) reduce a revocation to a suspension;
(C) increase a suspension to a revocation if the registration holder's
conduct so warrants; or
(D) overturn a denial, suspension, or revocation in its entirety.
(14) The Executive Officer shall render a final written decision within
60 working days of the last day of hearing. The Executive Officer may
do any of the following:
(A) adopt the hearing officer's proposed decision;
(B) modify the hearing officer's proposed decision; or
(C) render a decision without regard to the hearing officer's proposed
decision.
(b) Hearing conducted by written submission.
(1) In lieu of the hearing procedure set forth in (a) above, an applicant
may request that the hearing be conducted solely by written submission.
(2) In such case the requestor must submit a written explanation of the
basis for the appeal and provide supporting documents within 20 days of
making the request. Subsequent to such a submission the following shall
transpire:
(A) ARB staff shall submit a written response to the requestors sub-
mission and documents in support of the Executive Officer's action no
later than 10 days after receipt of requestor's submission;
(B) The registration holder may submit one rebuttal statement which
may include supporting information, as attachment(s), but limited to the
issues previously raised;
(C) If the registration holder submits a rebuttal, ARB staff may submit
one rebuttal statement which may include supporting information, as at-
tachments), but limited to the issues previously raised; and
(D) the hearing officer shall be designated in the same manner as set
forth in (a)(3) above. The hearing officer shall receive all statements and
documents and submit a proposed written decision and such other docu-
ments as described in (a)l 3 above to the Executive Officer no later than
30 working days after the final deadline for submission of papers. The
Executive Officer's final decision shall be mailed to the holder of regis-
tration no later than 60 days after the final deadline for submission of pa-
pers.
(E) The Executive Officer shall render a final written decision within
60 working days of the last day of hearing. The Executive Officer may
do any of the following:
(1) adopt the hearing officer's proposed decision;
(2) modify the hearing officer's proposed decision; or
(3) render a decision without regard to the hearing officer's proposed
decision.
NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755,
43013(b) and 43018, Health and Safety Code. Reference: Sections 41750, 41751,
41752, 41753, 41754 and 41755, Health and Safety Code.
History
1. New section filed 9-17-97; operative 9-17-97 pursuant to Government Code
section 1 1343.4(d) (Register 97, No. 38).
2. Amendment of subsection (b)(1) filed 12-1-99; operative 12-1-99 pursuant to
Government Code section 11343.4(d) (Register 99, No. 49).
3. Amendment of subsections (a)(3) and (a)(10) and amendment of Note filed
8-2-2005; operative 9-1-2005 (Register 2005, No. 31).
4. Amendment filed 4-26-2007; operative 4-27-2007 pursuant to Government
Code section 1 1343.4 (Register 2007, No. 17).
§ 2465. Penalties.
Violation of the provisions of this article result in civil, and/or criminal
penalties pursuant to the California Health and Safety Code. Each day
during any portion of which a violation occurs is a separate violation.
NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755,
43013(b) and 43018, Health and Safety Code. Reference: Sections 41750, 41751,
41752, 41753, 41754 and 41755, Health and Safety Code.
History
1. New section filed 9-17-97; operative 9-17-97 pursuant to Government Code
section 11343.4(d) (Register 97, No. 38).
2. Amendment filed 12-1-99; operative 12-1-99 pursuant to Government Code
section 1 1 343.4(d) (Register 99, No. 49).
3. Amendment of section and Note filed 8-2-2005; operative 9-1-2005 (Register
2005, No. 31).
4. Amendment filed 4-26-2007; operative 4-27-2007 pursuant to Government
Code section 11343.4 (Register 2007, No. 17).
§ 2466. Sunset Review.
NOTE: Authority cited: Sections 39600-39601, 41752-41755. 43013(b) and
43018, Health and Safety Code. Reference: Sections 39600, 39601 and 41750,
Health and Safety Code.
History
1. New section filed 12-1-99; operative 12-1-99 pursuant to Government Code
section 1 1343.4(d) (Register 99, No. 49).
2. Repealer filed 8-2-2005; operative 9-1-2005 (Register 2005, No. 31).
Article 6.
Portable Fuel Containers and
Spouts
§ 2467. Applicability.
(a) Except as provided in Section 2467.3, this article applies to any per-
son who sells, supplies, offers for sale, advertises or manufactures for
sale in California portable fuel containers or spouts or both portable fuel
containers and spouts for use in California.
(b) Except as provided by Section 2467.3, no person shall sell, supply,
offer for sale, advertise, or manufacture for sale in California a portable
fuel container or spout or both portable fuel container and spout on or af-
ter July 1 , 2007 unless said portable fuel container or spout or both porta-
ble fuel container and spout is covered by an Executive Order issued pur-
suant to this article.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101, Health
and Safety Code; and Western Oil and Gas Ass'n. v. Orange Countv Pollution
Control District, 14 Cal.3d 411, 121 Cal.Rptr. 249 (1975). Reference: Sections
39000,39001,39003,39500,39515,39516,41511,43000,43013,43016,43017
and 43018, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange
County Pollution Control District, 14 Cal.3d 411, 121 Cal.Rptr. 249 (1975).
Page 310
Register 2007, No. 37; 9-14-2007
Title 13
Air Resources Board
§ 2467.2
History
1. New article 6 (sections 2470-2478) and section filed 9-11-2000: operative
10-1 1-2000 (Register 2000, No. 37).
2. Change without regulatory effect renumbering newly adopted section 2470 to
new section 2467 and amending subsection (a) filed 9-14-2000 pursuant to sec-
tion 100, title 1. California Code of Regulations (Register 2000, No. 37).
3. Amendment filed 1-13-2006; operative 2-12-2006 (Register 2006, No. 2).
4. New subsection (b) filed 9-11-2006; operative 10-11-2006 (Register 2006.
No. 37).
§2467.1. Definitions.
(a) The definitions in Section 1900(b), Title 13 of the California Code
of Regulations apply with the following additions:
(1) "ASTM" means the American Society for Testing and Materials.
(2) "Automatic closure" means a device or mechanism that causes a
spill-proof system or spout to close, seal, and remain completely closed
when not dispensing fuel.
(3) "Automatically close" means a closure occurs through the activa-
tion of a device or mechanism that causes a spill-proof system or spout
to close, seal, and remain completely closed when not dispensing fuel.
(4) "Consumer" means the first person who in good faith purchases a
new portable fuel container or spout or both portable fuel container and
spout for purposes other than resale, including but not limited to personal,
family, household, or institutional use.
(5) "Distributor" means any person to whom a portable fuel container
or spout or both portable fuel container and spout is sold or supplied for
the purposes of resale or distribution in commerce. Manufacturers, retail-
ers, and consumers are not distributors.
(6) "Executive Officer" means the Executive Officer of the Air Re-
sources Board, or his or her designee.
(7) "Fuel" means all fuels subject to any provision of Title 13, Califor-
nia Code of Regulations, Chapter 5, Standards for Motor Vehicle Fuels,
Sections 2250-2298, except for Sections 2292.5, 2292.6, and 2292.7.
(8) "Kerosene" means any light petroleum distillate that is commonly
or commercially known, sold or represented as kerosene, that is used in
space heating, cook stoves, and water heaters, and is suitable for use as
a light source when burned in wick-fed lamps.
(9) "Manufacturer" means any person who imports, manufactures, as-
sembles, packages, repackages, or re-labels a portable fuel container or
spout or both portable fuel container and spout.
(10) "Nominal Capacity" means the volume indicated by the manufac-
turer that represents the maximum recommended filling level.
(11) "Outboard Engine" means a spark-ignition marine engine that,
when properly mounted on a marine water-craft in the position to oper-
ate, houses the engine and drive unit external to the hull of the marine wa-
ter-craft.
(12) "Permeation" means the process by which individual fuel mole-
cules may penetrate the walls and various assembly components of a por-
table fuel container directly to the outside ambient air.
(13) "Person" has the same meaning as defined in Health and Safety
Code Section 39047.
(14) "Portable Fuel Container" means any container or vessel with a
nominal capacity of ten gallons or less intended for reuse that is designed,
used, sold, advertised or offered for sale for receiving, transporting, stor-
ing, and dispensing fuel or kerosene. Portable fuel containers do not in-
clude containers or vessels permanently embossed or permanently la-
beled, as described in 49 Code of Federal Regulations Section
172.407(a), as it existed on September 15, 2005, with language indicat-
ing said containers or vessels are solely intended for use with non-fuel
or non-kerosene products.
(15) "Product Category" means the applicable category that best de-
scribes the product with respect to its nominal capacity, material
construction, fuel flow rate, and permeation rate, as applicable, as deter-
mined by the Executive Officer.
(16) "Retailer" means any person who owns, leases, operates, con-
trols, or supervises a retail outlet.
(17) "Retail Outlet" means any establishment at which portable fuel
containers or spouts or both portable fuel containers and spouts are sold,
supplied, or offered for sale.
(18) "ROG" (Reactive Organic Gas) means a reactive chemical gas,
composed of hydrocarbons, that may contribute to the formation of
smog. ROG is sometimes referred to as Non-Methane Organic Com-
pounds (NMOC's).
(19) "Spill Proof Spout" means any spout that complies with all of the
performance standards specified in Section 2467.2(b) or with the certifi-
cation requirement in Section 2467.2(c) and with the requirements in
Section 2467.5.
(20) "Spill-Proof System" means any configuration of portable fuel
container and firmly attached spout that complies with all of the perfor-
mance standards in Section 2467.2(a) or with the certification require-
ment in Section 2467.2(c) and with the requirements in Section 2467.5.
(21) "Spout" means any device that can be firmly attached to a porta-
ble fuel container for conducting pouring through which the contents of
a portable fuel container can be dispensed, not including a device that can
be used to lengthen the spout to accommodate necessary applications.
(22) "Target Fuel Tank" means any receptacle that receives fuel from
a portable fuel container.
NOTE: Authority cited: Sections 39600, 39601 , 43013, 4301 8 and 43101 , Health
and Safety Code: and Western Oil and Gas Ass'n. v. Orange County Pollution
Control District, 14 Cal.3d 411, 121 Cal.Rptr. 249 (1975). Reference: Sections
39000, 39001, 39003, 39500, 39515, 39516,4151 1, 43000,43013,43016,43017
and 43018, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange
County Pollution Control District, 14 Cal.3d 411, 121 Cal.Rptr. 249 (1975).
History
1. New section filed 9-11-2000; operative 10-11-2000 (Register 2000, No. 37).
2. Change without regulatory effect renumbering newly adopted section 2471 to
new section 2467.1 and amending subsections (a)(16) and (a)(17) filed
9-14-2000 pursuant to section 100, title 1, California Code of Regulations
(Register 2000, No. 37).
3. New subsection (a)(6), subsection renumbering and amendment of newly desig-
nated subsections (a)(12), (a)(17) and (a)(18) filed 1-13-2006; operative
2-12-2006 (Register 2006, No. 2).
4. New subsections (a)(2)-(3), subsection relettering and amendment of newly
designated subsections (a)(19)-(21) filed 9-11-2006; operative 10-11-2006
(Register 2006, No. 37).
§ 2467.2. Performance Standards and Test Procedures for
Portable Fuel Containers and Spill-Proof
Spouts.
(a) Except as provided in Section 2467.3, during the time period begin-
ning 30 days after the date of filing of this subsection with the Secretary
of State, and ending June 30, 2007, no person shall sell, supply, offer for
sale, or manufacture for sale in California any portable fuel container or
any portable fuel container and spout which, at the time of sale or
manufacture, does not meet all of the following Performance Standards
for Spill-Proof systems:
( 1 ) An automatic shut-off stops the fuel flow before the target fuel tank
overflows.
(2) Automatically closes and seals when removed from the target fuel
tank and remains completely closed when not dispensing fuel.
(3) Has only one opening for both filling and pouring.
(4) Does not exceed a permeation rate of 0.4 grams per gallon per day.
(5) Warranted for a period of not less than one year against defects in
materials and workmanship.
(b) Except as provided in Section 2467.3, during the time period be-
ginning 30 days after the date of filing of this subsection with the Secre-
tary of State, and ending June 30, 2007, no person shall sell, supply, offer
for sale, or manufacture for sale in California any spout which, at the time
of sale or manufacture, does not meet all of the following Performance
Standards for Spill-Proof Spouts:
( 1 ) An automatic shut-off stops the fuel flow before the target fuel tank
overflows.
(2) Automatically closes and seals when removed from the target fuel
tank and remains completely closed when not dispensing fuel.
(3) Warranted for a period of not less than one year against defects in
materials and workmanship.
Page 310.1
Register 2007, No. 37; 9-14-2007
§ 2467.3
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(c) Except as provided in Section 2467.3, every portable fuefcontain-
er, spout, or portable fuel container and spout produced on or after July
1 , 2007 that is manufactured for sale, advertised for sale, sold, or offered
for sale in California or that is introduced, delivered or imported into
California for introduction into commerce and that is subject to any of the
standards prescribed in this article and documents incorporated by refer-
ence therein, must be certified for use and sale by the manufacturer
through the Air Resources Board and covered by an Executive Order is-
sued pursuant to Section 2467.2(d).
(d) The criteria for obtaining certification, including all test proce-
dures for determining certification and compliance with the standards ap-
plicable to portable fuel containers, spouts, or portable fuel containers
and spouts produced on or after July 1, 2007 that are manufactured for
sale, advertised for sale, sold, or offered for sale in California, or that are
introduced, delivered or imported into California for introduction into
commerce and that are subject to any of the standards prescribed in this
article and documents incorporated by reference therein are set forth in
"CP-501, Certification Procedure for Portable Fuel Containers and
Spill-Proof Spouts," adopted July 26, 2006, which is incorporated by ref-
erence herein.
(e) The Executive Officer shall coordinate compliance procedures
with these Performance and Certification and Compliance Standards
with:
(1) California State Fire Marshal (SFM)
(2) California Department of Industrial Relations, Division of Oc-
cupational Safety and Health (DOSH)
(f) Compliance with the Performance Certification or Compliance
Standards in this Section does not exempt spill-proof systems or spill-
proof spouts from compliance with other applicable federal and state
statutes and regulations such as state fire codes, safety codes, and other
safety regulations, nor will the Air Resources Board test for or determine
compliance with such other statutes or regulations.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101, Health
and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Pollution
Control District, 14 Cal.3d 411, 121 Cal.Rptr. 249 (1975). Reference: Sections
39000, 39001, 39003, 39500, 39515, 39516, 4151 1, 43000, 43013, 43016, 43017
and 43018, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange
County Pollution Control District, 14 Cal.3d 41 1, 121 Cal.Rptr. 249 (1975).
History
1. New section filed 9-1 1-2000; operative 10-1 1-2000 (Register 2000, No. 37).
2. Change without regulatory effect renumbering newly adopted section 2472 to
new section 2467.2 and amending subsections (a), (b), (c) and (f) filed
9-14-2000 pursuant to section 100, title 1, California Code of Regulations
(Register 2000, No. 37).
3. Amendment of section heading and section filed 9-1 1-2006; operative
10-11-2006 (Register 2006, No. 37).
§ 2467.3. Exemptions.
(a) This Article does not apply to any portable fuel container or spout
or both portable fuel container and spout manufactured in California for
shipment, sale, and use outside of California.
(b) This article does not apply to a manufacturer or distributor who
sells, supplies, or offers for sale in California a portable fuel container or
spout or both portable fuel container and spout that does not comply with
the Performance Standards specified in Sections 2467.2(a) or (b), or the
Certification and Compliance Standards specified in Section 2467.2(d),
as long as the manufacturer or distributor can demonstrate that: (1) the
portable fuel container or spout or both portable fuel container and spout
is intended for shipment and use outside of California; and (2) that the
manufacturer or distributor has taken reasonable prudent precautions to
assure that the portable fuel container or spout or both portable fuel con-
tainer and spout is not distributed to California.
This subsection (b) does not apply to portable fuel containers or spouts
or both portable fuel containers and spouts that are sold, supplied, or of-
fered for sale by any person to retail outlets in California.
(c) This Article does not apply to safety cans meeting the requirements
of Title 29, Code of Federal Regulations Part 1926, Subpart F
(§ 1926.150 etseq.).
(d) This Article does not apply to portable fuel containers with a nomi-
nal capacity less than or equal to one quart.
(e) This Article does not apply to rapid refueling devices with nominal
capacities greater than or equal to four gallons, provided such devices are
designed for use in officially sanctioned off-highway motor sports such
as car racing or motorcycle competitions and either create a leak-proof
seal against a stock target fuel tank or are designed to operate in conjunc-
tion with a receiver permanently installed on the target fuel tank.
(f) This Article does not apply to portable fuel tanks manufactured spe-
cifically to deliver fuel through a hose attached between the portable fuel
tank and the outboard engine for the purpose of operating the outboard
engine.
(g) This Article does not apply to closed-system portable fuel contain-
ers that are used exclusively for fueling remote control model airplanes.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101, Health
and Safety Code; and Western Oil and Gas Ass'n. v. Orange Countv Pollution
Control District. 14 Cal.3d 411, 121 Cal.Rptr. 249 (1975). Reference: Sections
39000, 39001 , 39003, 39500, 39515, 39516, 4151 1, 43000, 43013, 43016, 43017
and 43018, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange
County Pollution Control District, 14 Cal.3d 41 1, 121Cal.Rptr. 249 (1975).
History
1 . New section filed 9-1 1-2000; operative 10-1 1-2000 (Register 2000, No. 37).
2. Change without regulatory effect renumbering newly adopted section 2473 to
new section 2467.3 and amending subsection (b) filed 9-14-2000 pursuant to
section 100, title 1, California Code of Regulations (Register 2000, No. 37).
3. Amendment of subsections (b), (c) and (e) and new subsection (g) filed
9-11-2006; operative 10-11-2006 (Register 2006, No. 37).
§ 2467.4. Innovative Products.
(a) The Executive Officer may exempt a portable fuel container or
spout or both portable fuel container and spout from one or more of the
requirements of Section 2467.2 if a manufacturer demonstrates by clear
and convincing evidence that, due to the product's design, delivery sys-
tem, or other factors, the use of the product will result in cumulative ROG
emissions below the highest emitting representative spill-proof system
or representative spill-proof spout in its product category as determined
from applicable testing.
(b) For the purposes of this Section, "representative spill-proof sys-
tem" or a "representative spill-proof spout" means a portable fuel con-
tainer or spout or both portable fuel container and spout which, at the time
of application in (c) of this Section, meets the Performance Standards
specified in Sections 2467.2(a) or (b) or the Certification Requirements
specified in "CP-501 , Certification Procedure for Portable Fuel Contain-
ers and Spill-Proof Spouts, adopted July 26, 2006," which is incorpo-
rated by reference herein.
(c) A manufacturer (applicant) must apply in writing to the Executive
Officer for an innovative product exemption claimed under subsection
(a). The application must include the supporting documentation that
quantifies the emissions from the innovative product, including the actu-
al physical test methods used to generate the data. In addition, the appli-
cant must provide any information necessary to enable the Executive Of-
ficer to establish enforceable conditions for granting the exemption. All
information including proprietary data submitted by a manufacturer pur-
suant to this section shall be handled in accordance with the procedures
specified in Title 17, California Code of Regulations, Sections
91000-91022.
(d) Within 30 days of receipt of the exemption application the Execu-
tive Officer shall determine whether an application is complete as pro-
vided in section 60030(a), Title 1 7, California Code of Regulations.
(e) Within 90 days after an application has been deemed complete, the
Executive Officer will determine whether, under what conditions, and to
what extent, an exemption from the requirements of Sections 2467.2 will
be permitted. The applicant and the Executive Officer may mutually
agree to a longer time period for reaching a decision. An applicant may
submit additional supporting documentation before a decision has been
reached. The Executive Officer will notify the applicant of the decision
in writing and specify such terms and conditions that are necessary to en-
sure that emissions from use of the product will meet the emissions re-
Page 310.2
Register 2007, No. 37; 9-14-2007
Title 13
Air Resources Board
§ 2467.6
ductions specified in subsection (a), and that such emissions reductions
can be enforced.
(f) In granting an innovative product exemption for a portable fuel
container or spout or both portable fuel container and spout, the Execu-
tive Officer shall specify the test methods for determining conformance
to the conditions established. The test methods may include criteria for
reproducibility, accuracy, and sampling and laboratory procedures.
(g) For any portable fuel container or spout or both portable fuel con-
tainer and spout for which an innovative product exemption has been
granted pursuant to this section, the manufacturer shall notify the Execu-
tive Officer in writing at least 30 days before the manufacturer changes
a product's design, delivery system, or other factors that may effect the
ROG emissions during recommended usage. The manufacturer must
also notify the Executive Officer within 30 days after the manufacturer
learns of any information that would alter the emissions estimates sub-
mitted to the Executive Officer in support of the exemption application.
(h) If the Performance Standards specified in Section 2467.2 are
amended for a product category, all innovative product exemptions
granted for products in the product category, except as provided in this
subsection (i), have no force and effect as of the effective date of the
amended Performance Standards.
(i) If the Executive Officer believes that a portable fuel container or
spout or both portable fuel container and spout for which an exemption
has been granted no longer meets the criteria for an innovative product
specified in subsection (a), the Executive Officer may hold a public hear-
ing in accordance with the procedures specified in Title 17, California
Code of Regulations, Division 3, Chapter 1, Subchapter 1.25, to deter-
mine if the exemption should be modified or revoked.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101, Health
and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Pollution
Control District, 14 Cal.3d 411, 121 Cal.Rptr. 249 (1975). Reference: Sections
39000, 39001, 39003, 39500, 39515, 39516, 41511, 43000, 43013, 43016, 43017
and 43018, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange
County Pollution Control District, 14 Cal.3d 411, 121 Cal.Rptr. 249 (1975).
History
1. New section filed 9-11-2000; operative 10-1 1-2000 (Register 2000, No. 37).
2. Change without regulatory effect renumbering newly adopted section 2474 to
new section 2467.4 and amending subsections (a), (b), (e) and (h) filed
9-14-2000 pursuant to section 100, title 1, California Code of Regulations
(Register 2000, No. 37).
3. Amendment of subsections (b) and (i) filed 9-1 1-2006; operative 10-1 1-2006
(Register 2006, No. 37).
§ 2467.5. Administrative Requirements.
(a) Each manufacturer of a portable fuel container or portable fuel con-
tainer and spout subject to and complying with Section 2467.2(a) must
clearly display on each spill-proof system:
(1) the phrase "Spill-Proof System";
(2) a date of manufacture or representative date; and
(3) a representative code identifying the portable fuel container or por-
table fuel container and spout as subject to and complying with Section
2467.2(a).
(b) Each manufacturer of a spout subject to and complying with Sec-
tion 2467.2(b) must clearly display on the accompanying package, or for
spill-proof spouts sold without packaging, on either the spill-proof spout
or a label affixed thereto:
(1) the phrase "Spill-Proof Spout";
(2) a date of manufacture or representative date; and
(3) a representative code identifying the spout as subject to and com-
plying with Section 2467.2(b).
(c) Each manufacturer of a portable fuel container or portable fuel con-
tainer and spout subject to and complying with Section 2467.2(c) must
clearly display on each spill-proof system:
(1) the phrase "Spill-Proof System";
(2) a date of manufacture or representative date; and
(3) a representative code identifying the Executive Order Number is-
sued by the Air Resources Board for the portable fuel container or porta-
ble fuel container and spout.
(d) Each manufacturer of a spout subject to and complying with Sec-
tion 2467.2(c) must clearly display on the accompanying package, or for
spill-proof spouts sold without packaging, on either the spill-proof spout
or a label affixed thereto:
(1) the phrase "Spill-Proof Spout";
(2) a date of manufacture or representative date; and
(3) a representative code identifying the Executive Order Number is-
sued by the Air Resources Board for the spout.
(e) Each manufacturer subject to subsection (a), (b), (c) or (d) must file
an explanation of both the date code and representative code with the
Executive Officer no later than the later of three months after the effec-
tive date of this article or within three months of production, and within
three months after any change in coding.
(f) Each manufacturer of a spout subject to subsection (b) or (d) must
clearly display the make, model number, and size of only those portable
fuel container(s) the spout is designed to accommodate and can demon-
strate compliance with Section 2467.2(a) or 2467.2(c) on the accompa-
nying package, or for spill-proof spouts sold without packaging, on ei-
ther the spill-proof spout, or a label affixed thereto.
(g) Manufacturers of portable fuel containers or portable fuel contain-
ers and spouts not subject to or not in compliance with Section 2467.2
may not display the phrase "Spill-Proof System" or "Spill-Proof Spout"
on the portable fuel container or spout, respectively, on any sticker or la-
bel affixed thereto, or on any accompanying package.
(h) Each manufacturer of a portable fuel container or spout or both por-
table fuel container and spout subject to and complying with Section
2467.2 that due to its design or other features cannot be used to refuel one
or more on-road motor vehicles must clearly display the phrase "Not In-
tended For Refueling On-Road Motor Vehicles" in type of 34 point or
greater on each:
(1) spill-proof system or label affixed thereto, and on the accompany-
ing package, if any; and
(2) package accompanying a spill-proof spout sold separately from a
spill-proof system, or for spill-proof spouts sold without packaging, on
either the spill-proof spout, or a label affixed thereto.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101, Health
and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Pollution
Control District, 14 Cal.3d 411, 121 Cal.Rptr. 249 (1975). Reference: Sections
39000, 39001 , 39003, 39500, 39515, 39516, 4151 1, 43000, 43013, 43016, 43017
and 43018, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange
County Pollution Control District, 14 Cal.3d 411, 121 Cal.Rptr. 249 (1975).
History
1. New section filed 9-11-2000; operative 10-11-2000 (Register 2000, No. 37).
2. Change without regulatory effect renumbering newly adopted section 2475 to
new section 2467.5 and amending section filed 9-14-2000 pursuant to section
100, title 1, California Code of Regulations (Register 2000, No. 37).
3. New subsections (c)-(d)(3), subsection relettering, repealer of former subsec-
tion (d) and amendment of newly designated subsections (e)-(f) filed
9-11-2006; operative 10-11-2006 (Register 2006, No. 37).
§ 2467.6. Variances.
(a) Any person or manufacturer who cannot comply with the require-
ments set forth in Section 2467.2, due to extraordinary reasons beyond
the person's reasonable control, may apply in writing to the Executive
Officer for a variance. The variance application must set forth:
(1) the specific grounds upon which the variance is sought;
(2) the proposed date(s) by which compliance with the provisions of
Section 2467.2 will be achieved; and
(3) a compliance report reasonably detailing the method(s) by which
compliance will be achieved.
(b) Upon receiving a complete variance application containing the in-
formation required in subsection (a), the Executive Officer shall hold a
public hearing to determine whether, under what conditions, and to what
extent, a variance from the requirements in Section 2467.2 is necessary
and will be permitted. A hearing will be initiated no later than 75 days
after receipt of a complete variance application. Notice of the time and
place of the hearing must be sent to the applicant by certified mail not less
than 30 days before to the hearing. Notice of the hearing must also be sub-
mitted for publication in the California Regulatory Notice Register and
Page 310.2(a)
Register 2007, No. 37; 9-14-2007
§ 2467.7
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
sent to every person who requests such a notice, not less than 30 days be-
fore the hearing. The notice must state that the parties may, but not need
to be. represented by counsel at the hearing. At least 30 days before the
hearing, the variance application must be made available to the public for
inspection. Interested members of the public must be allowed a reason-
able opportunity to testify at the hearing and their testimony must be con-
sidered.
(c) No variance may be granted unless all of the following findings are
made:
(1) that, due to reasons beyond the reasonable control of the applicant,
required compliance with Section 2467.2 would result in extraordinary
economic hardship;
(2) that the public interest in mitigating the extraordinary hardship to
the applicant by issuing the variance outweighs the public interest in
avoiding any increased emissions of air contaminants that would result
from issuing the variance; and
(3) that the compliance report proposed by the applicant can reason-
ably be implemented, and will achieve compliance as expeditiously as
possible.
(d) Any variance order shall specify a final compliance date by which
the requirements of Section 2467.2 will be achieved. Any variance order
shall contain a condition that specifies increments of progress necessary
to assure timely compliance, and such other conditions that the Executive
Officer, in consideration of the testimony received at the hearing, finds
necessary to carry out the purposes of Division 26 of the Health and Safe-
ty Code.
(e) A variance shall cease to be effective upon failure of the party to
whom the variance was granted to comply with any term or condition of
the variance.
(f) Upon the application of any person, the Executive Officer may re-
view, and for good cause, modify or revoke a variance from requirements
of Section 2467.2 after holding a public hearing in accordance with the
provisions of subsection (b).
NOTE. Authority cited: Sections 39600, 39601 , 43013, 43018 and 43101, Health
and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Pollution
Control District, 14 Cal.3d 411, 121 Cal.Rptr. 249 (1975). Reference: Sections
39000, 39001, 39003, 39500, 39515, 39516, 4151 1, 43000, 43013, 43016, 43017
and 43018, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange
County Pollution Control District, 14 Cal.3d 411, 121 Cal.Rptr. 249 (1975).
History
1. New section filed 9-1 1-2000; operative 10-11-2000 (Register 2000, No. 37).
2. Change without regulatory effect renumbering newly adopted section 2476 to
new section 2467.6 and amending section filed 9-14-2000 pursuant to section
100, title 1, California Code of Regulations (Register 2000, No. 37).
3. Amendment of subsection (b) filed 9-1 1-2006; operative 10-1 1-2006 (Regis-
ter 2006, No. 37).
§ 2467.7. Performance Standard Test Procedures.
(a) Testing to determine compliance with Section 2467.2(b) of this ar-
ticle shall be performed by using the following test procedures:
(1) 'Test Method 510, Automatic Shut-Off Test Procedure For Spill-
Proof Systems And Spill-Proof Spouts," adopted July 6, 2000, (section
numbers corrected September 13, 2000), as amended July 26, 2006,
which is incorporated by reference herein.
(2) "Test Method 511, Automatic Closure Test Procedure For Spill-
Proof Systems And Spill-Proof Spouts," adopted July 6, 2000, (section
numbers corrected September 13, 2000), which is incorporated by refer-
ence herein.
(b) Testing to determine compliance with Section 2467.2(a) of this ar-
ticle shall be performed by using all test procedures in (a) above and the
following test procedure:
(1) "Test Method 513, Determination Of Permeation Rate For Spill-
Proof Systems," adopted July 6, 2000, (section numbers corrected Sep-
tember 13, 2000), which is incorporated by reference herein.
(c) Alternative methods that are shown to be accurate, precise, and ap-
propriate may be used upon written approval of the Executive Officer.
(d) Test procedures referred to in this Article can be obtained from the
California Air Resources Board, and may be available at
http://www.arb.ca.gov.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101 , Health
and Safety Code; and Western Oil and Gas Ass'n. v. Orange Counts' Pollution
Control District. 14 Cal.3d 411, 121 Cal.Rptr. 249 (1975). Reference: Sections
39000, 39001 , 39003, 39500, 39515, 39516, 41511, 43000, 43013, 43016, 43017
and 43018, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange
County Pollution Control District, 14 Cal.3d 41 1, 121 Cal.Rptr. 249 (1975).
History
1. New section filed 9-1 1-2000; operative 10-1 1-2000 (Register 2000, No. 37).
2. Change without regulatory effect renumbering newly adopted section 2477 to
new section 2467.7 and amending section filed 9-14-2000 pursuant to section
100, title 1, California Code of Regulations (Register 2000, No. 37).
3. Amendment of section heading and subsection (a)(1), repealer of subsection
(a)(3) and amendment of subsection (b)(1) filed 9-11-2006; operative
10-11-2006 (Register 2006, No. 37).
[The next page is 310.3.]
Page 310.2(b)
Register 2007, No. 37; 9-14-2007
Title 13
Air Resources Board
§2471
§ 2467.8. Certification and Compliance Test Procedures.
(a) Testing to determine compliance with Section 2467.2(c) of this ar-
ticle shall be performed by using the test procedures specified in
"CP-501, Certification Procedure for Portable Fuel Containers and
Spill-Proof Spouts," adopted July 26, 2006, which is incorporated by ref-
erence herein.
(b) Alternative methods that are shown to be accurate, precise, and ap-
propriate may be used upon written approval of the Executive Officer.
(c) Test procedures referred to in this Article can be obtained from the
California Air Resources Board, and may be available at
http://www.arb.ca.gov.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101, Health
and Safety Code; and Western Oil and Gas Ass'n. v. Orange Countv Pollution
Control District, 14 Cal.3d 411, 121 Cal.Rptr. 249 (1975). Reference: Sections
39000, 39001, 39003, 39500, 39515, 39516, 4151 1, 43000, 43013, 43016, 43017
and 43018, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange
County Pollution Control District, 14 Cal.3d 411, 121 Cal.Rptr. 249 (1975).
History
1 . New section filed 9-1 1-2000; operative 10-1 1-2000 (Register 2000, No. 37).
2. Change without regulatory effect renumbering newly adopted section 2478 to
new section 2467.8 filed 9-14-2000 pursuant to section 100, title 1, California
Code of Regulations (Register 2000, No. 37).
3. Repealer and new section heading and section filed 9-11-2006; operative
10-11-2006 (Register 2006, No. 37).
§ 2467.9. Enforcement.
(a) If the Executive Officer finds any manufacturer, distributor, or re-
tailer manufacturing for sale, advertising for sale, selling, or offering for
sale in the State of California a portable fuel container or spout or both
portable fuel container and spout that does not comply with the require-
ments set forth in this article, he or she may enjoin said manufacturer, dis-
tributor, or retailer from any further manufacture, advertisement, sales,
offers for sale, or distribution of such noncompliant portable fuel con-
tainers or spouts or both portable fuel containers and spouts, in the State
of California pursuant to Section 4301 7 of the Health and Safety Code.
The Executive Officer may also assess penalties to the extent permissible
under Part 5, Division 26 of the Health and Safety Code and/or revoke
any Executive Order(s) issued for the noncompliant portable fuel con-
tainer, spout or both portable fuel container and spout.
(b) Before seeking remedial action against any manufacturer, distribu-
tor, or retailer the Executive Officer will consider any information pro-
vided by the manufacturer, distributor, or retailer.
NOTE: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101, Health
and Safety Code; and Western Oil and Gas Ass'n. v. Orange Countv Pollution
Control District, 14 Cal.3d 411, 121 Cal.Rptr. 249 (1975). Reference: Sections
39000,39001,39003,39500,39515,39516,41511,43000,43013,43016,43017
and 4301 8, Health and Safety Code; and Western Oil and Gas Ass 'n. v. Orange
County Pollution Control District, 14 Cal.3d 41 1, 121 Cal.Rptr. 249 (1975).
History
1. New section filed 9-11-2006; operative 10-11-2006 (Register 2006, No. 37).
Article 7. Certification Procedures for
Aftermarket Parts for Off-Road Vehicles,
Engines, Equipment
§ 2470. Applicability.
This article shall apply to all aftermarket parts which are sold, offered
for sale, or advertised for sale for use on off-road vehicles, engines, or
equipment which are subject to California or federal emission standards.
NOTE: Authority cited: Sections 39600, 39601, 43013 and 43018, Health and
Safety Code; and Sections 27156, 38390, 38391 and 38395, Vehicle Code. Refer-
ence: Sections 39002, 39003, 43000, 43000.5, 43013 and 4301 8, Health and Safe-
ty Code.
History
1 . New article 7 (sections 2470-2476) and section filed 8-29-2000; operative
9-28-2000 (Register 2000, No. 35).
§2471. Definitions.
(a) The definitions in Section 1900(b), Chapter 3, Title 13 of the
California Code of Regulations shall apply with the following additions:
(1) "All-Terrain Vehicle (ATV)" means any motorized off-highway
vehicle 50 inches (1270 mm) or less in overall width, designed to travel
on four low pressure tires, having a seat designed to be straddled by the
operator and handlebars for steering control, and intended for use by a
single operator and no passengers. The vehicle is designed to carry not
more than 350 pounds (160 kg) payload, excluding the operator, and is
powered by an internal combustion engine. Width shall be exclusive of
accessories and optional equipment. A golf cart is not, for purposes of
this regulation, to be classified as an all-terrain vehicle.
(2) "Alternate Fuel" means any fuel that will reduce non-methane hy-
drocarbons (on a reactivity-adjusted basis), NOx, CO, and the potential
risk associated with toxic air contaminants as compared to gasoline or
diesel fuel and would not result in increased deterioration of the engine.
Alternate fuels include, but are not limited to, methanol, ethanol, lique-
fied petroleum gas, compressed natural gas, and electricity.
(3) "Alternative fuel" refers to liquefied petroleum gas, natural gas, al-
cohol, and alcohol/gasoline fuels.
(4) "Alternative fuel conversion system" means a package of fuel,
ignition, emission control, and engine components that are modified, re-
moved, or added during the process of modifying a vehicle/engine/
equipment to operate on an alternative fuel and to perform at an emission
rate lower than or equal to the rate to which the engine family was origi-
nally certified.
(5) "Alternative fuel conversion system manufacturer" refers to a per-
son who manufactures or assembles an alternative fuel conversion sys-
tem for sale in California, requests, and is granted the Executive Order
certifying the conversion system.
(6) "Confirmatory testing" means an ARB directed follow-up emis-
sions test and inspection of the test engine or test vehicle that had been,
used by the manufacturer to obtain test data for submittal with the certifi-
cation application. The emissions tests can be conducted at ARB or con-
tracted out facilities or at the manufacturer's facility.
(7) "Conventional fuel" means gasoline or diesel fuel.
(8) "Diesel Cycle Engine" means a type of engine with operating char-
acteristics significantly similar to the theoretical diesel combustion
cycle. The primary means of controlling power output in a diesel cycle
engine is by limiting the amount of fuel that is injected into the combus-
tion chambers of the engine. A diesel cycle engine may be petroleum-
fueled (i.e. diesel-fueled) or alternate-fueled.
(9) "Driveability" of an off-road vehicle or off-road equipment means
the smooth delivery of power, as demanded by the driver or operator.
Typical causes of driveability degradation are rough idling, misfiring,
surging, hesitation, or insufficient power. Conversion from conventional
fuels to alternative fuels may entail losses of volumetric efficiency, re-
sulting in some power loss. Such power loss is not considered to be drive-
ability degradation.
(10) "Dual fuel" refers to a conversion system which utilizes both an
alternative fuel and a conventional fuel without further hardware change-
over required.
(11) "Emission Control System" includes any component, group of
components, or engine modification that controls or causes the reduction
of substances emitted from an engine.
(12) "Engine Family" is a subclass of a basic engine based on similar
emission characteristics. The engine family is the grouping of engines
that is used for the purposes of certification.
(13) "Executive Officer" means the Executive Officer of the Air Re-
sources Board or his or her authorized representative.
(14) "Exhaust Emissions" means substances emitted into the atmo-
sphere from any opening downstream from the exhaust port of an off-
road vehicle, engine, or equipment.
(15) "Fuel System" means the combination of any of the following
components: fuel tank, fuel pump, fuel lines, oil injection metering sys-
tem, carburetor or fuel injection components, evaporative controls and
all fuel system vents.
(16) "Go-Kart" means any four wheeled, open framed vehicle
equipped with an internal combustion engine. These vehicles are gener-
Page 310.3
Register 2006, No. 37; 9-15-2006
§2471
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
ally found at amusement parks and rented to patrons on a "pay-by-play"
basis. These vehicles are generally designed for a single rider and run on
a confined track. A go-kart that is not used exclusively in competition/
racing events in a closed course is. not a competition/racing vehicle for
purposes of these regulations.
(17) "Golf Cart" means a vehicle used to convey equipment and no
more than two persons, including the driver, to play the game of golf in
an area designated as a golf course. Golf carts are designed to have an un-
laden weight of less than 1,300 pounds and carry not more than 100
pounds, excluding passengers, accessories and optional equipment. A
golf cart is not used for grounds keeping or maintenance purposes.
(18) "Heavy-Duty Off-Road Diesel Cycle Engines" or "Engines" are
identified as: diesel or alternate fuel powered diesel cycle internal com-
bustion engines 1 75 horsepower and greater, operated on or in any device
by which any person or property may be propelled, moved or drawn upon
a highway, but are primarily used off a highway. The engines are de-
signed for powering construction, farm, mining, forestry and industrial
implements and equipment. They are designed to be used in, but are not
limited to use in, the following applications: agricultural tractors, back-
hoes, excavators, dozers, log skidders, trenchers, motor graders, portable
generators and compressors and other miscellaneous applications. Spe-
cifically excluded from this category are: (1) engines operated on or in
any device used exclusively upon stationary rails or tracks; (2) engines
used to propel marine vessels; (3) internal combustion engines attached
to a foundation at a location; (4) transportable engines subject to District
permitting rules which have been operated at a location for a period of
one year or more on January 1, 1997; and (5) stationary or transportable
gas turbines for power generation.
(19) "Inboard Engine" means a four-stroke spark-ignition marine en-
gine not used in a personal watercraft that is designed such that the pro-
peller shaft penetrates the hull of the marine watercraft while the engine
and the remainder of the drive unit is internal to the hull of the marine wa-
tercraft.
(20) "Installer" means a person who installs alternative fuel conver-
sion systems on off-road vehicles/engines/equipment.
(21) "Marine watercraft" means every description of boat, ship or oth-
er artificial contrivance used, or capable of being operated on water.
(22) "Model year" means the manufacturer's annual production peri-
od which includes January 1 of a calendar year or, if the manufacturer has
no annual production period, the calendar year.
(23) "Off-Highway Recreational Vehicle Engines" or "Engines'" are
identified as: two-stroke or four-stroke, air-cooled, liquid-cooled, gas-
oline, diesel, or alternate fuel powered engines or electric motors that are
designed for powering off-road recreational vehicles and engines in-
cluded in, but not limited to use in, the following: off-road motorcycles,
all-terrain vehicles, and golf carts. All engines and equipment that fall
within the scope of the preemption of Section 209(e)(1)(A) of the Federal
Clean Air Act, as amended, and as defined by regulation of the Environ-
mental Protection Agency, are specifically not included within this cate-
gory.
(24) "Off-Road Aftermarket Parts Manufacturer" means any person
engaged in the manufacturing of add-on or modified parts, as defined in
Section 1900(b), (1) and (10), Chapter 3, Title 13, California Code of
Regulations, for off-road vehicles, engines or equipment subject to
California or federal emission standards.
(25) "Off-Road Engine" means any internal combustion engine or
motor designed for powering off-road vehicles or off-road equipment.
All engines that fall within the scope of the preemption of Section
209(e)(1)(A) of the Federal Clean Air Act, as amended, and as defined
by regulation of the Environmental Protection Agency, are specifically
not included within this category.
(26) "Off-Road Large Spark-ignition Engines" or "LSI Engines"
means any engine that produces a gross horsepower 25 and greater horse-
power or is designed (e.g., through fueling, engine calibrations, valve
timing, engine speed modifications, etc.) to produce 25 and greater
horsepower. If an engine family has models at or above 25 horsepower
and models below 25 horsepower, only the models at or above 25 horse-
power would be considered LSI engines. The engine's operating charac-
teristics are significantly similar to the theoretical Otto combustion cycle
with the engine's primary means of controlling power output being to
limit the amount of air that is throttled into the combustion chamber of
the engine. LSI engines or alternate fuel powered LSI internal combus-
tion engines are designed for powering, but not limited to powering, fork-
lift trucks, sweepers, generators, and industrial equipment and other mis-
cellaneous applications. All engines and equipment that fall within the
scope of the preemption of Section 209(e)(1)(A) of the Federal Clean Air
Act, as amended, and as defined by regulation of the Environmental
Protection Agency, are specifically excluded from this category.
Specifically excluded from this category are: 1) engines operated on
or in any device used exclusively upon stationary rails or tracks; 2) en-
gines used to propel marine vessels; 3) internal combustion engines at-
tached to a foundation at a location for at least 1 2 months; 4) off-road rec-
reational vehicles and snowmobiles; and 5) stationary or transportable
gas turbines for power generation.
(27) "Off-Road Motorcycle" means any two or three-wheeled vehicle
equipped with an internal combustion engine and weighing less than
1,499 pounds. An off-road motorcycle is primarily designed for use off
highways. These vehicles are mainly used for recreational riding on dirt
trails but are not limited to this purpose.
(28) "Off-Road Vehicle" or "Off-Road Equipment" means any non-
stationary device, powered by an internal combustion engine or motor.
Page 310.4
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§2473
used primarily off the highways to propel, move, or draw persons or
property including any device propelled, moved, or drawn exclusively
by human power, and used in, but not limited to, the following applica-
tions: Marine Vessels, Construction/Farm Equipment, Locomotives,
Small Off-Road Engines, Off-Road Motorcycles, and Off-Highway
Recreational Vehicles.
(29) "Otto Cycle Engine" means a type of engine with operating char-
acteristics significantly similar to the theoretical Otto combustion cycle.
The primary means of controlling power output in an Otto cycle engine
is by limiting the amount of air and fuel which can enter the combustion
chambers of the engine. As an example, gasoline-fueled engines are Otto
cycle engines.
(30) "Outboard engine" means a spark-ignition marine engine that,
when properly mounted on a marine watercraft in the position to operate,
houses the engine and drive unit external to the hull of the marine water-
craft.
(31) "Personal watercraft engine" means a spark-ignition marine en-
gine that does not meet the definition of outboard engine, inboard engine
or sterndrive engine, except that the Executive Officer may in his or her
discretion classify a personal watercraft engine as an inboard or stern-
drive engine if it is comparable in technology and emissions to an inboard
or sterndrive engine.
(32) "Scheduled Maintenance" means any adjustment, repair, remov-
al, disassembly, cleaning, or replacement of components or systems re-
quired by the manufacturer which is performed on a periodic basis to pre-
vent part failure or equipment or engine malfunction, or anticipated as
necessary to correct an overt indication of malfunction or failure for
which periodic maintenance is not appropriate.
(33) "Small off-road engine" means any engine that produces a gross
horsepower less than 25 horsepower, or is designed (e.g., through fuel
feed, valve timing, etc.) to produce less than 25 horsepower, that is not
used to propel a licensed on-road motor vehicle, an off-road motorcycle,
an all-terrain vehicle, a marine vessel, a snowmobile, a model airplane,
a model car, or a model boat. If an engine family has models below 25
horsepower and models at or above 25 horsepower, only the models un-
der 25 horsepower would be considered small off-road engines. Uses for
small off-road engines include, but are not limited to, applications such
as lawn mowers, weed trimmers, chain saws, golf carts, specialty ve-
hicles, generators and pumps. All engines and equipment that fall within
the scope of the preemption of Section 209(e)(1)(A) of the Federal Clean
Air Act, as amended, and as defined by regulation of the Environmental
Protection Agency, are specifically not included within this category.
(34) "Spark-ignition marine engine" means any engine used to propel
a marine watercraft, and which utilizes the spark-ignition combustion
cycle.
(35) "Specialty Vehicles" means any vehicle powered by an internal
combustion engine having not less than 3 wheels in contact with the
ground, having an unladen weight generally less than 2,000 pounds,
which is typically operated between 10 and 35 miles per hour. The rec-
ommended bed payload for specialty vehicles is usually up to 2,000
pounds. Specialty vehicles are mainly used off of highways and residen-
tial streets. Applications of such vehicles include, but are not limited to,
carrying passengers, hauling light loads, grounds keeping and mainte-
nance, resort or hotel areas, airports, etc.
(36) "Sterndrive engine" means a four-stroke spark-ignition marine
engine not used in a personal watercraft that is designed such that the
drive unit is external to the hull of the marine watercraft, while the engine
is internal to the hull of the marine watercraft.
(37) "Test engine" means the engine or group of engines that a
manufacturer uses during certification, production line and in-use test-
ing to determine compliance with emission standards.
(38) "Ultimate Purchaser" means the first person who in good faith
purchases a replacement, add-on, or modified part for purposes other
than resale.
(39) "Warrantable Condition" means any condition of an engine that
requires the manufacturer to take corrective action pursuant to applicable
defects warranty provisions.
(40) "Warranted Part" means any emissions-related part installed on
an engine by the equipment or engine manufacturer, or installed in a war-
ranty repair, which is listed on the warranty parts list.
(41) "Warranty period" means the period of time, either in years or
hours of operation, that the engine or part is covered by the warranty pro-
visions.
(42) "Warranty station" means a service facility authorized by the
equipment or engine manufacturer to perform warranty repairs. This in-
cludes all manufacturer distribution centers that are franchised to service
the subject equipment or engines.
NOTE: Authority cited: Sections 39600, 39601, 43013 and 43018, Health and
Safety Code. Reference: Sections 39002. 39003, 43000, 43000.5, 43013 and
43018, Health and Safety Code.
History
1. New section filed 8-29-2000; operative 9-28-2000 (Register 2000, No. 35).
§ 2472. Air Pollution Control and Modification Devices.
(a) No person shall install, sell, offer for sale, or advertise any device,
apparatus, or mechanism intended for use with, or as a part of, any re-
quired off-road vehicle, engine, or equipment pollution control device
or system which alters or modifies the original design or performance of
any such pollution control device or system.
(b) No person shall operate or maintain in a condition of readiness for
operation any off-road vehicle, engine, or equipment which is required
to be equipped with a pollution control device under Part 5 (commencing
with Section 43000) of Division 26 of the Health and Safety Code or with
any other certified off-road vehicle, engine, or equipment pollution con-
trol device required by any other state law or any rule or regulation
adopted pursuant to such law, or required to be equipped with an off-road
vehicle, engine, or equipment pollution control device pursuant to the
Clean Air Act (42 U.S.C.1857 et seq.) and the standards and regulations
promulgated thereunder, unless it is equipped with the required off-road
vehicle, engine, or equipment pollution control device which is correctly
installed and in operating condition. No person shall disconnect, modify,
or alter any such required device.
(c) This section shall not apply to an alteration, modification, or modi-
fying device, apparatus, or mechanism found by resolution of the State
Air Resources Board to do either of the following:
(1) Not to reduce the effectiveness of any required off-road vehicle,
engine, or equipment pollution control device.
(2) To result in emissions from any such modified or altered off-road
vehicle, engine, or equipment which are at levels which comply with ex-
isting state or federal standards for that model-year of the vehicle, engine
or equipment being modified or converted.
NOTE: Authority cited: Sections 39600, 39601, 43013 and 43018, Health and
Safety Code; and Sections 27156, 38390, 38391 and 38395, Vehicle Code. Refer-
ence: Sections 39002, 39003, 43000, 43000.5, 43013, 43017 and 43018, Health
and Safety Code.
History
1. New section filed 8-29-2000; operative 9-28-2000 (Register 2000, No. 35).
§ 2473. Replacement Parts.
(a) Any replacement part subject to the provisions of this article shall
be presumed to be in compliance with this article unless the executive of-
ficer makes a finding to the contrary pursuant to Section 2475(a).
(b) The manufacturer of any replacement part subject to the provisions
of this article shall maintain sufficient records, such as performance spec-
ifications, test data, or other information, to substantiate that such a re-
placement part is in compliance with this article. Such records shall be
open for reasonable inspection by the executive officer or his/her repre-
sentative. All such records shall be maintained for four years from the
year of manufacture of the replacement part. The manufacturer may de-
termine the format for maintaining such records (including, but not lim-
ited to, electronic or computer readable files, backup tapes, or magnetic
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§2474
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
media), provided the format allows the records to be readily retrieved and
displayed to the executive officer.
NOTE: Authority cited: Sections 39600, 39601, 43013 and 43018, Health and
Safety Code. Reference: Sections 39002, 39003, 39500, 43000, 43000.5, 43013,
43017 and 4301 8, Health and Safety Code; and Sections 27 156, 38391 and 38395,
Vehicle Code.
History
1. New section filed 8-29-2000; operative 9-28-2000 (Register 2000, No. 35).
§ 2474. Add-On Parts and Modified Parts.
(a) As used in this section, the terms "advertise" and "advertisement"
include, but are not limited to, any notice, announcement, information,
publication, catalog, listing for sale, or other statement concerning a
product or service communicated to the public for the purpose of further-
ing the sale of the product or service.
(b) (1) Except for publishers as provided in subsection 3, no person or
company doing business solely in California or advertising only in
California shall advertise any device, apparatus, or mechanism which al-
ters or modifies the original design or performance of any required off-
road vehicle, engine, or equipment pollution control device or system un-
less such part, apparatus, or mechanism has been exempted from Vehicle
Code (VC) Sections 27156, 38391 or California Code of Regulations
(CCR), Title 13, Section 2472, and the limitations of the exemption, if
any, are contained within the advertisement in type size to give reason-
able notice of such limitations.
(2) Except for publishers as provided in subsection 3, no person or
company doing business in interstate commerce shall advertise in
California any device, apparatus, or mechanism which alters or modifies
the original design or performance of any required off-road vehicle, en-
gine, or equipment pollution control device or system and is not ex-
empted from VC Sections 27156, 38391 or CCR, Title 13, Section 2472,
unless each advertisement contains a legally adequate disclaimer in type
size adequate to give reasonable notice of any limitation on the sale or use
of the device, apparatus, or mechanism.
(3) No publisher, after receipt of notice from the state board or after
otherwise being placed on notice that the advertised part is subject to and
has not been exempted from the provisions of VC Sections 27156, 38391
or CCR, Title 13, Section 2472, shall make or disseminate or cause to be
made or disseminated before the public in this state any advertisement for
add-on or modified parts subject to the provisions of this article, which
have not been exempted from VC Sections 27156, 38391 or CCR, Title
13, Section 2472, unless such advertisement clearly and accurately states
the legal conditions, if any, on sale and use of the parts in California.
(4) The staff of the state board shall provide, upon request, model lan-
guage which satisfies these requirements.
(c) No person shall advertise, offer for sale, or install a part as an off-
road vehicle, engine, or equipment pollution control device or as an ex-
empted device, when in fact such part is not an off-road vehicle, engine,
or equipment pollution control device or is not approved or exempted by
the state board.
(d) No person shall advertise, offer for sale, sell, or install an add-on
or modified part as a replacement part.
(e) The executive officer may exempt add-on and modified parts
based on an evaluation conducted in accordance with the "Procedures for
Exemption of Add-On and Modified Parts for Off-Road Categories,"
adopted July 14, 2000, which is hereby incorporated by reference herein.
(f) Each person engaged in the business of retail sale or installation of
an add-on or modified part which has not been exempted from VC Sec-
tions 27156, 38391 or CCR, Title 13, Section 2472 shall maintain records
of such activity which indicate date of sale, purchaser name and address,
vehicle, engine, or equipment model and work performed if applicable.
Such records shall be open for reasonable inspection by the executive of-
ficer or his/her representative. All such records shall be maintained for
four years from the date of sale or installation.
(g) A violation of any of the prohibitions set forth in this section shall
be grounds for the executive officer to invoke the provisions of section
2476.
(h) (I) The executive officer shall exempt new aftermarket non-origi-
nal equipment catalytic converters for off-road vehicles, engines, and
equipment from the prohibitions of VC Sections 27156, 38391 or CCR,
Title 13, Section 2472 based on an evaluation conducted in accordance
with the "California Evaluation Procedures for New Aftermarket Non-
Original Equipment Catalytic Converters for Off-Road Vehicles, En-
gines, and Equipment," adopted October 1, 1999, which is hereby incor-
porated by reference herein.
(2) No person shall install, sell, offer for sale or advertise any new non-
original equipment aftermarket catalytic converter for off-road vehicles,
engines, and equipment in California that has not been exempted pur-
suant to the procedures as provided in this subsection.
(3) For the purposes of this regulation, a new non-original equipment
aftermarket catalytic converter for off-road vehicles, engines, and equip-
ment is a catalytic converter which is constructed of all new materials and
is not a replacement part as defined in Title 13, CCR, Section 1900, or
which includes any new material or construction which is not equivalent
to the materials or construction of the original equipment converter for
off-road vehicles, engines, and equipment.
(i) (1) No person shall install, sell, offer for sale or advertise any used
catalytic converter for off-road vehicles, engines, or equipment in
California unless such catalytic converter has been exempted pursuant to
the "Procedures for Exemption of Add-On and Modified Parts for Off-
Road Categories," adopted July 14, 2000, which is hereby incorporated
by reference herein.
(2) No person shall install, sell, offer for sale or advertise any recycled
or salvaged used catalytic converter for off-road vehicles, engines, and
equipment in California unless such converters have been exempted
from the prohibitions of VC Sections 27156, 38391 or CCR, Title 13,
Section 2472 pursuant to the procedures provided in this subsection.
(3) For the purposes of this regulation, a "used catalytic converter" for
off-road vehicles, engines, and equipment is a catalytic converter which
is not a new aftermarket non-original equipment catalytic converter for
off-road vehicles, engines, and equipment as defined in subsection
(h)(3), or a replacement part as defined in Title 13, CCR, Section 1900.
(j) (1) The executive officer shall exempt alternative fuel conversion
systems for off-road vehicles, engines, and equipment from the prohibi-
tions of VC Sections 27156, 38391 or CCR, Title 13, Section 2472 based
on an evaluation conducted in accordance with the "California Certifica-
tion and Installation Procedures for Systems Designed to Convert Off-
Road Vehicles, Engines, and Equipment to Use Alternative Fuels,"
adopted October 1, 1999, which is hereby incorporated by reference
herein.
(2) No person shall install any alternative fuel conversion system for
off-road vehicles, engines, and equipment in California unless the alter-
native fuel conversion system has been exempted and installed in accor-
dance with the procedures and requirements pursuant to the "California
Certification and Installation Procedures for Systems Designed to Con-
vert Off-Road Vehicles, Engines, and Equipment to Use Alternative
Fuels," adopted October 1, 1999, which is hereby incorporated by refer-
ence herein.
NOTE: Authority cited: Sections 39600, 39601, 43013 and 43018, Health and
Safety Code. Reference: Sections 39002, 39003, 43000, 43000.5, 43013, 43017
and 43018, Health and Safety Code; and Sections 27156, 38391 and 38395, Ve-
hicle Code.
History
1. New section filed 8-29-2000; operative 9-28-2000 (Register 2000, No. 35).
§ 2475. Surveillance.
(a) Replacement parts. The executive officer may order, for cause, the
manufacturer of any replacement part subject to the provisions of this ar-
ticle to submit any records relating to such part which are maintained pur-
suant to section 2473(b) above. The executive officer may order, for
cause, the manufacturer of any replacement part subject to the provisions
of this article to submit a reasonable number of parts typical of the
manufacturer's production for testing and evaluation. If, after a review
of all records submitted by the manufacturer and of the results of any tests
conducted by the state board's staff, the executive officer finds that such
Page 310.6
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Title 13
Air Resources Board
§2477
part is not in fact a replacement part, the executive officer may invoke
section 2476. Replacement parts evaluated pursuant to this section shall
be compared with the specifications contained in the applicable off-road
vehicle, engine or equipment manufacturer's application for certifica-
tion.
(b) Add-on parts and modified parts. The executive officer may order,
for cause, the manufacturer of any add-on part or modified part subject
to the provisions of this article to submit a reasonable number of parts
typical of the manufacturer's production for testing and evaluation. In-
use performance will also be evaluated. If, after a review of the results
of any tests or evaluations conducted by the state board's staff and of any
information submitted by the manufacturer, the executive officer finds
that an add-on part or a modified part does not conform to the "Proce-
dures for Exemption of Add-On and Modified Parts for Off-Road Cate-
gories," adopted October 1 , 1999, which is hereby incorporated by refer-
ence herein, the executive officer may invoke Section 2476.
NOTE: Authority cited: Sections 39600, 39601, 43013 and 43018, Health and
Safety Code. Reference: Sections 39002, 39003, 43000, 43000.5, 43013, 43017
and 43018, Health and Safety Code; and Sections 27156, 38391 and 38395, Ve-
hicle Code.
History
1. New section filed 8-29-2000; operative 9-28-2000 (Register 2000, No. 35).
§ 2476. Enforcement Action.
(a) When this section is invoked pursuant to other sections of this ar-
ticle, the executive officer may issue a cease and desist order and may re-
quire the person to submit a plan for correcting any deficiencies found
by the state board. The executive officer may order any of the actions
contained in the plan, and/or may declare a part to be not in compliance
with VC Sections 27156, 38391 or CCR, Title 13, Section 2472 unless
he/she finds the plan adequate to correct the deficiencies found by the
state board. The plan may be required to include such corrective actions
as the cessation of sale of non-complying parts, the recall of any non-
complying parts already sold, and corrective advertising to correct mis-
leading information regarding the emission control capabilities of the de-
vice and to ensure compliance with California's laws. The executive
officer may also seek fines for violations of VC Sections 27156, 38391
or CCR, Title 13, Section 2472, or other laws or regulations, as applica-
ble.
(b) When this section is invoked by the executive officer on either his/
her own initiative or in response to complaints received, an investigation
may be made by the executive officer or his/her representative to gather
evidence regarding continuing violations of this article by any person en-
gaged in the business of advertising, offering for sale, selling, or instal-
ling an add-on or modified part.
(c) Any person against whom enforcement action (other than the filing
of an action in court) is initiated pursuant to this section may request a
public hearing to review the enforcement action.
(d) Nothing in this article shall prohibit the executive officer from tak-
ing any other action provided for by law, including the prosecution of an
action in court.
NOTE: Authority cited: Sections 39515, 39516, 39600, 39601. 43013 and 43018,
Health and Safety Code. Reference: Sections 39002, 39003, 43000, 43000.5,
43013, 43017 and 43018, Health and Safety Code; and Sections 27156, 38391 and
38395, Vehicle Code.
History
1 . New section filed 8-29-2000; operative 9-28-2000 (Register 2000, No. 35).
Article 8.
Off-Road Airborne Toxic Control
Measures
§ 2477. Airborne Toxic Control Measure for In-Use
Diesel-Fueled Transport Refrigeration Units
(TRU) and TRU Generator Sets, and Facilities
Where TRUs Operate.
(a) Purpose. Diesel particulate matter (PM) was identified in 1998 as
a toxic air contaminant. This regulation implements provisions of the
Diesel Risk Reduction Plan, adopted by the Air Resources Board in Oc-
tober, 2000, as mandated by the Health and Safety Code Sections
39650-39675, to reduce emissions of substances that have been deter-
mined to be toxic air contaminants. Specifically, this regulation will use
a phased approach to reduce the diesel PM emissions from in-use trans-
port refrigeration units (TRUs) and TRU generator (gen) set equipment
used to power electrically driven refrigerated shipping containers and
trailers that are operated in California.
(b) Applicability.
(1) Except as provided in subsection (c), this regulation applies to
owners and operators of diesel-fueled TRUs and TRU gen sets (see defi-
nition of operator and owner in subsection (d) that operate in the state of
California. This specifically includes:
(A) Operators and owners of California-based TRUs and TRU gen
sets that are installed on trucks, or trailers, shipping containers, or rail-
cars; and
(B) Operators and owners of non-California-based TRUs and TRU
gen sets that are installed on taicks, trailers, shipping containers, or trail-
ers.
(2) This regulation applies to facilities located in California with 20 or
more loading dock doors serving refrigerated areas where perishable
goods are loaded or unloaded for distribution on trucks, trailers, shipping
containers, or rail cars that are equipped with TRUs and TRU gen sets and
that are owned, leased, or contracted for by the facility, its parent compa-
ny, affiliate, or subsidiary that are under facility control (see definition).
(3) To the extent not already covered under subsections (b)(1) and
(b)(2), above, subsection (g) of this regulation shall apply to any person
engaged in this State in the business of selling to an ultimate purchaser,
or renting or leasing new or used TRUs or TRU gen sets, including, but
not limited to, manufacturers, distributors, and dealers.
(4) Severability. If any subsection, paragraph, subparagraph, sen-
tence, clause, phrase, or portion of this regulations is, for any reason, held
invalid, unconstitutional, or unenforceable by any court of competent ju-
risdiction, such portion shall be deemed as a separate, distinct, and inde-
pendent provision, and such holding shall not affect the validity of the re-
maining portions of the regulation.
(c) Exemptions. This regulation does not apply to military tactical sup-
port equipment.
(d) Definitions. For purposes of this regulation, the following defini-
tions apply:
(1 ) "Affiliate or Affiliation" refers to a relationship of direct or indirect
control or shared interests between the subject business and another busi-
ness.
(2) "Alternative Fuel" means natural gas, propane, ethanol, methanol,
or advanced technologies that do not rely on diesel fuel, except as a pilot
ignition source at an average ratio of less than 1 part diesel fuel to 10 parts
total fuel on an energy equivalent basis. Alternative fuels also means any
of these fuels used in combination with each other or in combination with
other non-diesel fuels. Alternative-fueled engines shall not have the ca-
pability of idling or operating solely on diesel fuel at any time.
(3) "Alternative-Fueled Engine" means an engine that is fueled with
a fuel meeting the definition of alternative fuel.
(4) "Alternative Diesel Fuel" means any fuel used in diesel engines
that is not commonly or commercially known, sold or represented as die-
sel fuel No. 1-D or No. 2-D, pursuant to the specification for Diesel Fuel
Oils D975-81, and does not require engine or fuel system modifications
for the engine to operate, although minor modifications (e.g. recalibra-
tion of the engine fuel control) may enhance performance. Examples of
alternative diesel fuels include, but are not limited to, biodiesel, Fischer
Tropsch fuels, and emulsions of water in diesel fuel. Natural gas is not
an alternative diesel fuel. An emission control strategy using a fuel addi-
tive will be treated as an alternative diesel fuel based strategy unless:
(A) The additive is supplied to the vehicle or engine fuel by an on-
board dosing mechanism, or
(B) The additive is directly mixed into the base fuel inside the fuel tank
of the vehicle or engine, or
Page 310.7
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§2477
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(C) The additive and base fuel are not mixed until vehicle or engine
fueling commences, and no more additive plus base fuel combination is
mixed than required for a single fueling of a single engine or vehicle.
(5) "ARB" means the California Air Resources Board.
(6) "B100 Biodiesel Fuel" means 100% biodiesel fuel derived from
vegetable oil or animal fat and complying with ASTM D 6751-02 and
commonly or commercially known, sold, or represented as "neat" bio-
diesel or B 100. B100 biodiesel fuel is an alternative diesel fuel.
(7) "B100 Biodiesel-Fueled" (compression-ignition engine) means a
compression-ignition engine that is fueled by B100 biodiesel fuel.
(8) "Business" means an entity organized for profit including, but not
limited to, an individual, sole proprietorship, partnership, limited liabil-
ity partnership, corporation, limited liability company, joint venture,
association or cooperative; or solely for purposes of the Prompt Payment
Act (Government Code 927 et seq.), a duly authorized nonprofit corpora-
tion.
(9) "California-Based TRUs and TRU Gen Sets" means TRUs and
TRU gen sets equipped on trucks, trailers, shipping containers, or railcars
that a reasonable person would find to be regularly assigned to terminals
within California.
(10) "CARB Diesel Fuel" means any diesel fuel that is commonly or
commercially known, sold or represented as diesel fuel No. 1-D or No.
2-D, pursuant to the specification for Diesel Fuel Oils D975-81 and
meets the specifications defined in 13 CCR 2281, 13 CCR 2282, and 13
CCR 2284.
(11) "Carbon Monoxide (CO)" means a colorless, odorless gas result-
ing from the incomplete combustion of hydrocarbon fuels.
(12) "Carrier" means any person, party, or entity who undertakes the
transport of goods from one point to another.
(13) "Certification" means the obtaining of an Executive Order for a
new offroad compression-ignition engine family that complies with the
off-road compression-ignition emission standards and requirements
specified in the California Code of Regulations, Title 13, Section 2423.
A "certified engine" is an engine that belongs to an engine family that has
received a certification Executive Order.
(14) "Certification Data" means the ARB Executive Order number
and related exhaust emission data for each test cycle mode used to certify
the engine family and obtain the certification level shown in the certifica-
tion Executive Order. Such data includes modal exhaust emissions data
for nitrogen oxides, nonmethane hydrocarbons, carbon monoxide, and
particulate matter includes, as a minimum, torque, engine speed, weight-
ing factor, power, mass emission rate (grams per hour), and certification
test fuel.
(15) "Compression Ignition (CI) Engine" means an internal combus-
tion engine with operating characteristics significantly similar to the
theoretical diesel combustion cycle. The regulation of power by control-
ling fuel supply in lieu of a throttle is indicative of a compression ignition
engine.
(16) "Consignee" (see receiver).
(17) "Consignor" (see shipper).
(18) "Cryogenic Temperature Control System" means a heating and
cooling system that uses a cryogen, such as liquid carbon dioxide or liq-
uid nitrogen that is routed through an evaporator coil that cools air blown
over the coil. The cryogenic system uses a vapor motor to drive a fan and
alternator, and a propane-fired heater superheats the carbon dioxide for
heating and defrosting. Electrically driven fans may be used instead of
a vapor motor and heating and defrost needs may be met by using electric
heaters and/or vehicle engine coolant.
(19) "Deterioration Factor (DF)" means a factor that is applied to the
certification emission test data to represent emissions at the end of the
useful life of the engine. Separate DFs apply to each measured pollutant,
except that a combined NMHC+NOx DF applies to engines that do not
use aftertreatment devices. Decreasing emissions over time would not be
allowed to offset increasing emissions of the other pollutant in this com-
bined DF.
(20) "Diesel Fuel" means any fuel that is commonly or commercially
known, sold, or represented as diesel fuel, including any mixture of pri-
marily liquid hydrocarbons — organic compounds consisting exclusive-
ly of the elements carbon and hydrogen — that is sold or represented as
suitable for use in an internal combustion, compression-ignition engine.
(21) "Diesel-Fueled" means fueled by diesel fuel or CARB diesel fuel
in whole or in part, except as allowed for a pilot ignition source under the
definition for "alternative fuel".
(22) "Diesel Oxidation Catalyst (DOC)" means the use of a catalyst to
promote the oxidation processes in diesel exhaust. Usually refers to an
emission control device that includes a flow-through substrate where the
surfaces that contact the exhaust flow have been catalyzed to reduce
emissions of the organic fraction of diesel particulates, gas-phase hydro-
carbons, and carbon monoxide.
(23) "Diesel Particulate Filter (DPF)" means an emission control
technology that reduces PM emissions by trapping the particles in a flow
filter substrate. Periodically the collected particles are either physically
removed or oxidized (burned off) in a process called regeneration.
(24) "Diesel Particulate Matter" means the particles found in the ex-
haust of diesel-fueled CI engines. Diesel PM may agglomerate and ad-
sorb other species to form structures of complex physical and chemical
properties.
(25) "Dual-Fuel Engine" means an engine designed to operate on a
combination of alternative fuel, such as compressed natural gas (CNG)
or liquefied petroleum gas (LPG), and conventional fuel, such as diesel
or gasoline. These engines have two separate fuel systems, which either
inject both fuels simultaneously into the engine combustion chamber or
fumigate the gaseous fuel with the intake air and inject the liquid fuel into
the combustion chamber.
(26) "Emergency" means any of the following times:
(A) A failure or loss of normal power service that is not part of an "in-
terruptible service contract" (see definition in subsection (d));
(B) A failure of a facility's internal power distribution system, pro-
vided the failure is beyond the reasonable control of the operator;
(C) When an affected facility is placed under an involuntary "rotating
outage" (see definition in subsection (d)).
(27) "Emission Control Strategy" means any device, system, or strate-
gy employed with a diesel-fueled CI engine that is intended to reduce
emissions. Examples of emission control strategies include, but are not
limited to, particulate filters, diesel oxidation catalysts, selective catalyt-
ic reduction systems, alternative fuels, fuel additives used in combination
with particulate filters, alternative diesel fuels, and combinations of the
above.
(28) "Emissions Rate" means the weight of a pollutant emitted per unit
of time (e.g., grams per second).
(29) "Executive Officer" means the Executive Officer of the Califor-
nia Air Resources Board or his or her delegate.
(30) "Facility" means any facility where TRU-equipped trucks, trail-
ers, shipping containers or railcars are loaded or unloaded with perish-
able goods. This includes, but is not limited to, grocery distribution cen-
ters, food service distribution centers, cold storage warehouses, and
intermodal facilities. Each business entity at a commercial development
is a separate facility for the purposes of this regulation, provided the busi-
nesses are "independently owned and operated" (see definition in sub-
section (d)).
(3 1) "Facility Control (of TRUs or TRU Gen Sets)" means the TRUs
or TRU gen sets located at the facility are owned or leased by the facility,
its parent company, affiliate, or a subsidiary, or under contract for the
purpose of providing carrier service to the facility, and the TRUs' or TRU
gen sets' arrival, departure, loading, unloading, shipping and/or receiv-
ing of cargo is determined by the facility, parent company, affiliate, or
subsidiary (e.g scheduled receiving, dispatched shipments).
(32) "Fischer-Tropsch Diesel Fuel" See "ultra-low-aromatic syn-
thetic diesel fuel".
Page 310.8
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Title 13
Air Resources Board
§2477
(33) "Fuel Additive" means any substance designed to be added to fuel
or fuel systems or other engine-related engine systems such that it is
present in-cylinder during combustion and has any of the following ef-
fects: decreased emissions, improved fuel economy, increased perfor-
mance of the engine; or assists diesel emission control strategies in de-
creasing emissions, or improving fuel economy or increasing
performance of the engine.
(34) "Generator Set (gen set)" means a CI engine coupled to a genera-
tor used as a source of electricity.
(35) "Hybrid Cryogenic Temperature Control System" means a tem-
perature control system that uses a cryogenic temperature control system
in conjunction with a conventional TRU.
(36) "Independently Owned and Operated" means a business concern
that independently manages and controls the day-to-day operations of
its own business through its ownership and management, without undue
influence by an outside entity or person that may have an ownership and/
or financial interest in the management responsibilities of the applicant
business or small business.
(37) "Intermodal Facility" means a facility involved in the movement
of goods in one and the same loading unit or vehicle which uses succes-
sively several modes of transport without handling of the goods them-
selves in changing modes. Such a facility is typically involved in loading
and unloading refrigerated shipping containers and trailers to and from
railcars, trucks, and ocean-going ships.
(38) "Interruptible Service Contract" means any arrangement in which
a nonresidential electrical customer agrees to reduce or consider reduc-
ing its electrical consumption during periods of peak demand or at the re-
quest of the System Operator in exchange for compensation, or assur-
ances not to be blacked out or other similar non-monetary assurances.
(39) "In Use TRU, TRU gen set, or engine" means a TRU, TRU gen
set, or engine that is not a "new" TRU, TRU gen set, or engine.
(40) "Low Emission TRU (LETRU or L)" means a TRU or TRU gen
set that meets the performance standards described under paragraph
(e)(1)(A)!. or (e)(l)(A)2.
(41) "Manufacturer" means a business as defined in Government
Code § 14837(c).
(42) "Military tactical support equipment (TSE)" means equipment
that meets military specifications, owned by the U.S. Department of De-
fense and/or the U.S. military services, and used in combat, combat sup-
port, combat service support, tactical or relief operations, or training for
such operations.
(43) "Model Year (MY)" means diesel-fueled engine manufacturer's
annual production period, which includes January 1st of a calendar year,
or if the manufacturer has no annual production period, the calendar year.
(44) "New TRU, TRU Gen Set, or Engine" means any TRU, TRU gen
set, or engine that has never been subject to a retail sale or lease to an "ulti-
mate purchaser" (see definition in subsection (d)).
(45) "Nitrogen Oxide (NOx)" means compounds of nitric oxide (NO),
nitrogen dioxide (NO2), and other oxides of nitrogen. Nitrogen oxides
are typically created during combustion processes and are major contrib-
utors to smog formation and acid deposition.
(46) "Non-California-Based TRUs and TRU Gen Sets" means TRUs
and TRU gen sets that are equipped on or used in trucks, trailers, shipping
containers, or railcars that a reasonable person would find to be regularly
assigned to terminals outside of California and operate in California from
time to time for the purpose of transporting perishable goods into or out
of the state.
(47) "Non-methane Hydrocarbons (NMHC)" means the sum of all
hydrocarbon air pollutants except methane. NMHCs are precursors to
ozone formation.
(48) "Operate" means to start, cause to function, program the tempera-
ture controller, select an operating program or otherwise control, fuel,
monitor to assure proper operation, or keep in operation.
(49) "Operator" means any person, party or entity that operates a TRU
or TRU gen set for the purposes of transporting perishable goods, exclud-
ing an employee driver and third party maintenance and repair service,
and including but not limited to:
(A) Manufacturer, producer, supplier, carrier, shipper, consignor,
consignee, receiver, distribution center, or warehouse of perishable
goods;
(B) An individual, trust, firm, joint stock company, business concern,
partnership, limited liability company, association, or corporation in-
cluding but not limited to, a government corporation;
(C) Any city, county, district, commission, the state or any depart-
ment, agency, or political subdivision thereof, any interstate body, and
the federal government or any department or agency thereof to the extent
permitted by law.
(50) "Owner" means any person that legally holds the title (or its
equivalent) showing ownership of a TRU or TRU gen set, excluding a
bank or other financial lending institution, and including but not limited
to:
(A) Manufacturer, producer, supplier, carrier, shipper, consignor,
consignee, receiver, distribution center, warehouse;
(B) An individual, trust, firm, joint stock company, business concern,
partnership, limited liability company, association, or corporation in-
cluding but not limited to, a government corporation;
(C) Any city, county, district, commission, the state or any depart-
ment, agency, or political subdivision thereof, any interstate body, and
the federal government or any department or agency thereof to the extent
permitted by law.
(5 1 ) "Owner/Operator" means a requirement applies to the owner and/
or operator of a TRU or TRU gen set, as determined by agreement or con-
tract between the parties if the two are separate business entities.
(52) "Parent Company" means a company that has a controlling inter-
est in another company, usually through ownership of more than one-
half the voting stock.
(53) "Particulate Matter (PM)" means the particles found in the ex-
haust of CI engines, which may agglomerate and adsorb other species to
form structures of complex physical and chemical properties.
(54) "Rated Brake Horsepower" means the power delivered, accord-
ing to the statement of the engine manufacturer, at the rated speed.
(•55) "Real Emission Reductions" means that an action is taken that re-
sults in reductions in the PM emission rate of an in-use engine (e.g. a
VDECS is installed that reduced the PM emissions rate by more than
50%).
(56) "Receiver" means the person, party, or entity that receives
shipped goods, cargo, or commodities.
(57) "Refrigerated Trailer" means a trailer van, railcar, or shipping
container equipped with a TRU or TRU gen set. Pursuant to Health and
Safety Code section 39618, refrigerated trailers are mobile sources and
shall be regulated by the ARB on a statewide basis.
(58) "Rotating Outage" means a controlled involuntary curtailment of
electrical power service to consumers as ordered by the system operator
— see definition in subsection (d).
(59) "Shipper" means the person, party, or entity who usually owns or
supplies the commodities shipped by a carrier.
(60) "System Operator" means one of the several organizations that
control energy in California. System operators include, but are not lim-
ited to, the California Independent System Operator, the Los Angeles
Department of Water and Power, the Imperial Irrigation District, the Sac-
ramento Municipal Utility District.
(61) "Terminal" means any place where a TRU or TRU gen set
equipped truck, trailer, shipping container, railcar or TRU gen set is regu-
larly garaged, maintained, operated, or dispatched from, including a dis-
patch office, cross-dock facility, maintenance shop, business, or private
residence.
(62) "Tier 4 Nonroad/Offroad Emission Standards" means the emis-
sion standards and associated procedures promulgated by U.S. Environ-
mental Protection Agency in "Control of Emissions of Air Pollution from
Page 310.9
Register 2004, No. 46; 11-12-2004
§2477
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
Nonroad Diesel Engines and Fuel; Final Rule" (Vol. 69, No. 124
Fed.Reg. pp. 38957-39273 (June 29, 2004).
(63) "Transport Refrigeration Unit (TRU)" means refrigeration sys-
tems powered by integral internal combustion engines designed to con-
trol the environment of temperature sensitive products that are trans-
ported in trucks and refrigerated trailers. TRUs may be capable of both
cooling and heating.
(64) "TRU Generator Set (TRU gen set)" means a generator set that
is designed and used to provide electric power to electrically driven re-
frigeration units of any kind. This includes, but is not limited to gen sets
that provide electricity to electrically powered refrigeration systems for
semi-trailer vans and shipping containers.
(65) "Ultimate Purchaser" means with respect to a new TRU, TRU gen
set, or engine, the first person who in good faith purchases a new TRU,
TRU gen set, or engine for purposes other than resale.
(66) "Ultra-Low-Aromatic Synthetic Diesel Fuel" means fuel pro-
duced from natural gas, coal, or biomass by the Fischer-Tropsch gas-to-
liquid chemical conversion process, or similar process that meets the fol-
lowing properties:
Table 1
Property
ASTM
Value
Sulfur Content (ppmw)
D5453-93
<1
Total Aromatic Content (wt %)
D5 186-96
<1.5%
Polynuclear Aromatic Cotent (wt %)
D5 186-96
<0.5%
Natural Cetane Number
D6 13-84
>74
(67) "Ultra-Low Emission TRU (ULETRU or U)" means a TRU or
TRU gen set that meets the performance standards described under sub-
paragraph (e)(1)(A)!. and (e)(l)(A)2. or that uses an "alternative
technology" in accordance with subparagraph (e)(l)(A)3.
(68) "Verification Classification Level" means the classification as-
signed to a Diesel Emission Control Strategy by the Executive Officer as
defined in the Verification Procedure, Warrant)' and In-Use Com-
pliance Requirements for ln-Use Strategies to Control Emission from
Diesel Engines (13 CCR Sections 2700 - 2710). PM reductions corre-
spond as follows: Level 1 : > 25%; Level 2: > 50%; Level 3: > 85% or 0.01
g/hp-hr.
(69) "Verified Diesel Emission Control Strategy" (VDECS) means an
emission control strategy designed primarily for the reduction of diesel
particulate matter emissions that has been verified per the Verification
Procedure, Warranty and In-Use Compliance Requirements for In-Use
Strategies to Control Emissions from Diesel Engines (13 CCR Sections
2700 - 2710). Examples of diesel retrofit systems that may be verified
include, but are not limited to, diesel particulate filters, diesel oxidation
catalysts, fuel additives (e.g. fuel-borne catalysts), alternative fuels (e.g.
dual fuel), alternative diesel fuels, and combinations of the above.
(e) Requirements.
(1) In-Use Operation:
(A) In-Use Performance Standards: In accordance with the schedule
set forth below in paragraph (e)(1)(B), no owner/operator shall operate
a TRU or TRU gen set in California unless it meets the in-use emission
category performance standards set forth below.
1 . In-Use performance standard categories for TRU and TRU gen set
engines with rated brake horsepower less than 25 horsepower (<25 hp)
are shown in Table 2, along with the engine certification standards or the
level of Verified Diesel Emission Control Strategy (VDECS) (see defini-
tion) that is necessary to qualify for each category.
Table 2
<25 HP TRU and TRU Gen Set In-Use PM Performance Standards
In-Use Emission Category
Low Emission TRU (LETRU or L)
Ultra-Low Emission TRU
(ULETRU or U)
a. Compliance can be achieved by:
Engine
Certification
(g/hp-hr)
0.301
NA2
Level of VDECS
Equipped with
Level 2
Level 3
1. Using a certified engine meeting the applicable nonroad/offroad
emissions standards for all regulated pollutants and the in-use PM per-
formance standard. Only engines for which certification data and deteri-
oration factors have been provided to ARB shall be considered when de-
termining compliance. The Executive Officer will consider such
submittals, publish, and make available a list of qualifying engines.
II. Equipping the engine with the required Level of VDECS.
2. In-Use performance standard categories for TRU and TRU gen set
engines with rated brake horsepower greater than or equal to 25 horse-
power (>25 hp) are shown in Table 3, along with the engine certification
standards or the level of VDECS that is necessary to qualify for each cate-
gory.
Table 3
>25 HP TRU and TRU Gen Set In-Use PM Performance Standards
Engine
Certification
(g/hp-hr)
0.223
Level of VDECS
Equipped with
Level 2
In-Use Emission Categoiy
Low Emission TRU (LETRU or L)
Ultra-Low Emission TRU
(ULETRU or U) 0.024 Level 3
a. Compliance can be achieved by:
I. Using a certified engine meeting the applicable nonroad/offroad
emissions standards for all regulated pollutants and the in-use PM per-
formance standard. Only engines for which certification data and deteri-
oration factors have been provided to ARB shall be considered when de-
termining compliance. The Executive Officer will consider such
submittals, publish, and make available a list of qualifying engines.
II. Equipping the engine with the required Level of VDECS.
3. As an alternative to meeting the ULETRU in-use performance stan-
dards in subsections (e)(l)(A)l. and 2., an owner/operator may operate
a TRU or TRU gen set in California meeting one of the Alternative
Technology options listed below. Alternative Technologies qualify to
meet the ULETRU in-use performance standard only if the TRU or TRU
gen set is operated under the conditions included in the description listed
below.
a. Electric standby, provided that the TRU is not operated under diesel
engine power while at a facility, except during an emergency.
b. Cryogenic temperature control systems or hybrid cryogenic temper-
ature control systems, provided that the TRU does not operate under die-
sel engine power while at a facility, except during an emergency.
c. Alternative-fueled engines (see definition in subsection (d)). If the
engine is a CI engine, a VDECS is required.
Note: If the engine is not a compression ignition diesel fueled engine, this regula-
tion would not apply, but the engine may have to meet other emission standards
(e.g. large spark-ignited engine standards if >25 hp).
d. Fuel exclusively with an alternative diesel fuel (see definition in
subsection (d)) that has been verified as a VDECS, provided it is used in
accordance with the requirements of subsection (e)(2)(A) and the alter-
native diesel fuel contains no conventional diesel or CARB diesel fuel.
e. Power by fuel cells. If a reformer is used with diesel fuel as the
source of hydrocarbons, then emissions must be evaluated and verified
through the Verification Procedure Warranty and In-Use Compliance
Requirements for In-Use Strategies to Control Emissions from Diesel
Engines (13 CCR sections 2700 - 2710).
f. Equip with any other system approved by the Executive Officer to
not emit diesel PM or increase public health risk while at a facility.
(B) In-Use Compliance Dates.
1 . No owner/operator shall operate a 2001 and older model year (MY)
TRU or TRU gen set engine in California unless it meets the in-use per-
formance criteria set forth in paragraph (e)(1)(A) for
a. LETRU on or before December 31 , 2008, and
b. ULETRU on or before December 31, 2015, as shown in Tables 4
and 5.
2. No owner/operator shall operate a 2002 MY TRU or TRU gen set
engine in California unless it meets the in-use performance criteria set
forth in paragraph (e)(1)(A) for
a. LETRU on or before December 31, 2009, and
Page 310.10
Register 2004, No. 46; 11-12-2004
Title 13
Air Resources Board
§2477
b. ULETRU on or before December 31 , 2016, as shown in Tables 4
and 5.
3. No owner/operator shall operate a 2003 MY and subsequent MY
TRU or TRU gen set engine in California unless it meets the in-use per-
formance criteria set forth in paragraph (e)(1)(A) for ULETRU on or be-
fore December 31st of the seventh year past the unit's model year, as
shown in Tables 4 and 5.
Table 4.
<25 HP TRU and TRU Gen Set Engines
In-Use Compliance Dates
n-Use Compliance Year5
Table 5. >25 HP TRU and TRU Gen Set Engines
In-Use Compliance Dates
MY f £07 [ t)8
l09 I l10
"l"""i l
n:Use Compliance Year-
(C) Replacements Due to Failures.
quired under paragraphs (e)(1)(A)!. and (e)(l)(A)2. that is determined
1. If a VDECS fails within its warranty period, the owner/operator of to be cost-effective by the Executive Officer.
the TRU or TRU gen set must replace it with the same VDECS or a higher
verification classification level, if available.
2. If a VDECS fails outside its warranty period and a higher verifica-
tion classification level VDECS is available, then the owner/operator of
the TRU or TRU gen set shall upgrade to the highest level VDECS re-
(D) In-Use Recordkeeping and Reporting. In-use recordkeeping and
reporting shall be completed by the operator in accordance with the re-
quirements of subsection (f)(1).
Page 310.11
Register 2004, No. 46; 11-12-2004
§2477
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(E) ARB Identification Numbering Requirements. Identification
numbers will be issued to help expedite the inspection procedure and pre-
vent shipping delays.
1. California-based TRUs and TRU gen sets:
a. On or before January 31, 2009. owner/operators of all California-
based TRUs and TRU gen sets subject to this regulation shall apply for
an ARB identification number for all California-based TRUs or TRU
gen sets operated by the operator by submitting an application that in-
cludes the information listed below.
I. Operator name, address, and contact information for the responsible
official (e.g. phone number, email address, fax number).
II. Owner name, address, and contact information (if other than opera-
tor).
III. TRU or TRU gen set make, model, model year, and serial number.
IV. TRU engine make, model, model year, and serial number.
V. Terminal or terminals that the TRU-equipped truck or trailer is as-
signed to, with address and contact information.
VI. Other associated identification numbers, which may include (as
applicable):
i. Vehicle Identification Number (VIN) of the TRU-equipped truck or
trailer.
ii. Vehicle license number of the TRU-equipped truck or trailer.
iii. Railcar recording mark and car number.
iv. Shipping container number (for TRU-equipped shipping contain-
ers only).
v. Company equipment number (if any).
VII. Compliance status with paragraph (e)(1)(A) requirements. If
compliance not as-yet required, mark N/A.
i. Date when compliance was achieved.
ii. What performance standard was met (e.g. LETRU or ULETRU).
iii. How compliance was achieved (e.g. new compliant TRU, TRU en-
gine replacement, or description of VDECS that was used),
iv. Identify who did the installation work (if applicable).
b. Applications shall be submitted by one of the following methods:
I. Mail or deliver a physical report to ARB at the address listed im-
mediately below:
CALIFORNIA AIR RESOURCES BOARD
STATIONARY SOURCE DIVISION (TRU)
P.O. BOX 2815
SACRAMENTO, CA 95812
II. Electronically submit through ARB's web site. The web address
will be identified in an advisory.
c. TRUs and TRU gen sets added to an operator's TRU operations after
January 31, 2009 shall be brought into compliance with subsection
(e)(1)(E). An application shall be submitted to ARB within 30 days of the
unit entering the operator's control:
I. Requesting an ARB l.D. number for a new TRU or TRU gen set that
was not previously numbered, or
II. Requesting a change in owner or operator (or other pertinent ap-
plication information) for used equipment that already has an ARB l.D.
number.
d. Failure to apply or submittal of false information is a violation of
state law subject to civil penalty.
e. On or before February 1 , 2009, the Executive Officer shall begin is-
suing identification numbers to TRU and TRU gen set operators for each
unit based in California for which a complete application has been filed.
The number will include a 2— digit prefix for model year (e.g. 2001 model
year would have a prefix 01); a 6— digit serial number; a check-digit, and
a letter indicating compliance status with in-use performance standards
(either "L" or "U"). In the event that an operator applies for an early com-
pliance certificate in accordance with subsection (e)(1)(F), ARB will also
issue a certificate which acknowledges early compliance per (e)(l)(F)3.
f. Within 30 days of receipt of the ARB-issued identification number,
owner/operators shall permanently affix or paint the identification num-
ber on the TRU or TRU gen set chassis housing in clear view according
to the following specification:
1. The ARB identification number shall be preceded by the letters
"ARB".
II. Letters and numbers shall contrast sharply in color with the color
of the background surface on which the letters are placed.
III. The location of the l.D. number shall be as follows:
i. Truck and trailer TRUs — both sides of TRU chassis housing,
ii. Rail car and shipping container TRUs — both sides of the TRU.
iii. TRU gen sets — both sides of gen set housing.
IV. Letters and numbers shall be readily legible during daylight hours,
from a distance of 50 feet (15.24 meters) while unit is stationary.
V. Marking shall be kept maintained in a manner that retains the legi-
bility required by the subparagraph immediately above.
2. Non-California-based TRUs and TRU Gen Sets:
a. Operators of non-California-based TRUs and TRU gen sets may
voluntarily apply for ARB identification numbers for TRUs that are
based outside of California but operate within California during the nor-
mal course of business. Non-California-based operators may voluntari-
ly submit the same application information listed above in subparagraph
(e)(1)(E)!. a., above, using the same methods of submittal listed in sub-
paragraph (e)(l)(e)l.b., above. Upon application approval, ARB would
issue identification numbers to the operator in accordance with subpara-
graph (e)(1)(E)!. e., above. The non-California-based operator would
then permanently affix or paint the identification number on the TRU or
TRU gen set chassis in clear view, in accordance with (e)(J)(E)l.f.,
above.
(F) Early Compliance with LETRU In-Use Performance Standards.
1 . For 2002 and older MY TRU and TRU gen set engines, operators
or owners that meet the LETRU in-use performance standard earlier than
required in paragraph (e)(1)(B) may apply to the Executive Officer for
a delay in the ULETRU in-use performance standard. Except as pro-
vided below, early compliance would be achieved through any of the op-
tions available in paragraph (e)(1)(A).
a. This delay would not be available to the operator or owner if the en-
gine manufacturer of the replacement engine is using the early com-
pliance with engine emissions standards in U.S. EPA's Averaging,
Banking, and Trading Program (or California's equivalent program).
b. Early compliance is conditioned upon real emission reductions (re-
fer to definition in sub section (d)) occurring earlier than the applicable
compliance deadline.
c. This delay may not be available to the operator or owner if public
funds were used for early compliance. The applicant shall disclose
whether public funds were used for any portion of early compliance and
what program the funding came from.
2. Early LETRU compliance with real emission reductions would al-
low specific units to delay compliance with ULETRU in-use perfor-
mance standards by up to three years, according to the rounding conven-
tions and examples listed below.
a. Each year of early compliance with the LETRU in-use performance
standards would be rewarded with 1 year delay in the ULETRU in-use
performance standard.
I. One full year early compliance qualifies for one full year delay in
meeting ULETRU compliance.
II. Two full years early compliance qualifies for two full years delay
in meeting ULETRU compliance.
III. Three full years early compliance qualifies for three full years
delay in meeting ULETRU compliance.
b. A partial year of early LETRU compliance would be rounded to the
nearest full year for the delayed ULETRU requirements.
I. Early LETRU compliance of 183 days or more in a calendar year
would count toward a one year ULETRU delay.
II. Early LETRU compliance of 182 days or less in a calendar year
would not count toward a ULETRU delay.
3. Upon receipt of an application to delay ULETRU compliance, the
Executive Officer shall determine if the application demonstrates early
compliance with LETRU in-use performance standards in accordance
Page 310.12
Register 2004, No. 46; 11-12-2004
Title 13
Air Resources Board
§2477
with subsection (e)(1)(F) 1 ., and if the application is approved, shall delay
the in-use ULETRU compliance date for specific TRUs and TRU gen
sets operating in California in accordance with subparagraph (e)(l)(F)2.
4. Upon approval of the application, ARB shall issue a certificate and
ARB identification number in accordance with subsection (e)(1)(E) I.e.
which acknowledges early compliance with LETRU requirements and
discloses the number of years delay granted, and resulting ULETRU
compliance date.
5. The operator shall maintain a legible copy of the certificate in a wa-
ter-tight sleeve mounted inside the TRU or TRU gen set chassis housing.
The operator shall paint the identification number in clear view in accor-
dance with subsection (e)(l)(E)l.f. on the specific TRU or TRU gen set
that was granted the compliance extension.
(2) Fuel Requirements.
(A) Operators Choosing to Use Alternative Diesel Fuels. Operators
choosing to use alternative diesel fuels in compression ignition TRU and
TRU gen set engines to meet the requirements of subsection (e)(1) shall:
1. Maintain records in accordance with subsection (f)(1)(B) of this
regulation.
2. Use only fuel that is a VDECS alternative diesel fuel that contains
no conventional diesel or CARB diesel fuel in TRUs or TRU gen sets op-
erated in California.
3. Permanently affix a label in clear view near the fill spout that identi-
fies the proper fuel that is required to be in compliance.
4. In the event that the operator decides to revert to using conventional
diesel or CARB diesel fuel, the operator shall comply with the require-
ments of subsection (e)(1) within 10 days of discontinuation of alterna-
tive diesel fuel use. Within 10 days of discontinuation, the operator shall
notify the Executive Officer in writing of this change in fuel use and shall
include an update to any ARB I.D. number application or annual report
submitted to comply with subsections (e)(1)(E), (e)(1)(F), or (0(1).
(B) Operators that Retrofit TRUs or TRU Gen Sets with a VDECS.
Operators that retrofit TRUs or TRU gen sets with a VDECS that requires
certain fuel properties to be met in order to achieve the required PM re-
duction or PM emissions shall only fuel the subject TRU or TRU gen set
with fuel that meets these specifications when operating in the state of
California. In addition, operators that choose a VDECS that requires cer-
tain fuel properties to be met in order to prevent damage to the VDECS
or an increase in toxic air contaminants, other harmful compounds, or in
the nature of the emitted PM shall only fuel the subject TRU or TRU gen
set with fuel that meets these specifications.
(0 Monitoring, Recordkeeping, and Reporting Requirements.
(1) TRU and TRU Gen Set Operator Recordkeeping and Reporting.
(A) Operator Reporting.
1 . All operators subject to this regulation shall submit an Operator Re-
port to ARB by January 31, 2009 that shall include the following in-
formation:
a. Operator name, address, and contact information for the responsible
official (phone number, email address, fax number).
b. List of all terminals owned or leased by the operator located within
California, with address, phone number, and terminal contact name.
c. TRU and TRU gen set inventory information for each TRU and
TRU gen set based in California that is owned or leased by the operator:
I. TRU or gen set make, model, model year, and serial number.
II. TRU owner, and if other than operator, owner name, address, and
contact.
III. Engine make, model, model year, and serial number.
IV. Terminal(s) that the TRU is assigned to.
V. ARB TRU or TRU gen set identification number, if already issued.
If the ARB identification number has not been issued or there has been
a change in the other identification numbers listed below since the prior
annual report, then provide the following identification numbers (as ap-
plicable):
i. Vehicle Identification Number.
ii. Vehicle license number.
iii. Railcar recording mark and car number.
iv. Shipping container number (for TRU-equipped shipping contain-
ers only).
v. Company equipment number.
VI. Compliance status with paragraph (e)(1)(A) requirements.
2. The Operator Report shall be updated within 30 days when changes
to any of the above operator information occur.
a. Operator Reports shall be submitted by one of the following meth-
ods:
I. Mail or deliver a physical report to ARB at the address listed im-
mediately below:
CALIFORNIA AIR RESOURCES BOARD
STATIONARY SOURCE DIVISION (TRU)
P.O. BOX 2815
SACRAMENTO. CA 95812
II. Electronically submit through ARB's web site. The web address
will be identified in an advisory.
3. Failure to report or submittal of false information is a violation of
state law subject to civil penalty.
(B) Alternative Diesel Fuel Use and Fuel Additive Recordkeeping and
Reporting.
1. Operators that choose a compliance pathway that involves the use
of alternative diesel fuel in accordance with subparagraph (e)(l)(A)3.d.
(e.g. B100 biodiesel fuel or ultra-low-aromatic synthetic diesel fuel)
and/or a VDECS that includes the use of a fuel additive (e.g. fuel-borne
catalyst) shall maintain records that document exclusive use of the cho-
sen fuel or additive for each affected CI engine and hours of operation.
Appropriate records would be copies of receipts or invoices of appropri-
ate fuel and/or fuel additive and daily operating hour logs.
2. Records shall be kept available for a minimum of three (3) years and
shall be compiled and made available to the ARB upon request.
3. Failure to keep records or submittal of false information is a viola-
tion of state law subject to civil penalty.
(2) Facility Monitoring, Recordkeeping, and Reporting.
(A) Facility Reporting. All facilities subject to this subsection shall
submit a Facility Report to ARB by January 3 1 , 2006, containing the fol-
lowing information, as of December 31, 2005:
1. Contact information for the facility's responsible official.
2. Provide all North American Industrial Classification System codes
(NAICS) applicable to the facility.
3. The number of loading dock doors serving refrigerated storage
space.
4. The number of square feet of refrigerated storage space.
5. The number of TRUs or TRU gen sets under facility control by mod-
el year and horsepower category.
6. The number of refrigerated trucks, trailers, shipping containers, or
railcars leased or rented.
7. The total annual TRU engine operating hours for all TRUs or TRU
gen sets under facility control during 2005 (e.g. total TRU engine operat-
ing time for both on-road and off-road operations).
8. The average weekly number of inbound refrigerated trucks, trailers,
shipping containers, and railcars delivering goods to the facility during
2005, calculated by dividing the annual total inbound refrigerated loads
by 52.
9. The average weekly number of outbound refrigerated trucks, trail-
ers, shipping containers and railcars delivering goods from the facility
during 2005, calculated by dividing the annual total outbound refriger-
ated loads by 52.
10. The average total number of hours per week that outbound TRU
or TRU gen set engines operate while at the facility during 2005. Average
TRU or TRU gen set engine operating time at facility for outbound refrig-
erated loads may be used if the result is representative of the outbound
TRU or TRU gen set operations at facilities, as determined by the Execu-
tive Officer. Average values would be determined for outbound loads
based on recordkeeping, conducted in accordance with subparagraph
(0(2)(B)2., and applied to the total annual number of refrigerated out-
bound loads, and then weekly averages calculated as follows: Average
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BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
TRU or TRU gen set engine operating time per outbound refrigerated
load multiplied by the total annual number of outbound loads, divided by
52 weeks equals the average total number of hours per week that out-
bound TRU or TRU gen set engines operate while at the facility.
J 1 . The average total number of hours per week that inbound TRU or
TRU gen set engines operate while at the facility during 2005. Average
TRU or TRU gen set engine operating time at facility for inbound refrig-
erated loads may be used if the result is representative of the inbound
TRU or TRU gen set operations at facilities, as determined by the Execu-
tive Officer. Average values would be determined for inbound loads
based on recordkeeping, conducted in accordance with subparagraph
(f)(2)(B)2., and applied to the total annual number of refrigerated in-
bound loads, and then weekly averages calculated as follows: Average
TRU or TRU gen set engine operating time per inbound refrigerated load
multiplied by the total annual number of inbound loads, divided by 52
weeks equals the average total number of hours per week that inbound
TRU or TRU gen set engines operate while at the facility.
12. The number of refrigerated trailers (as defined) that are used at the
facility for cold storage, the total annual number of hours of TRU engine
operation associated with these refrigerated trailers, and the total annual
number of hours of operation using electric standby associated with these
refrigerated trailers.
(B) Recordkeeping.
1. Recordkeeping that substantiates the information reported in the Fa-
cility Report shall be maintained and shall be compiled and made avail-
able to State inspectors upon request for a minimum of three (3) years.
2. The Executive Officer may approve alternative recordkeeping and
calculation procedures for determining the average weekly hours of TRU
engine operation at a facility for inbound and outbound refrigerated
loads, provided the Executive Officer finds that the alternative proce-
dures meet the intent of subparagraph (f)(2).
(C) Facility Report Submittals. Facility Reports shall be submitted by
one of the following methods:
1 . Mail or deliver a physical report to ARB at the address listed im-
mediately below:
CALIFORNIA AIR RESOURCES BOARD
STATIONARY SOURCE DIVISION (TRU)
P.O. BOX 2815
SACRAMENTO, CA 95812
2. Electronically submit through ARB*s web site. The web address
will be identified in an advisory.
(D) Failure to report or submittal of false information. Failure to report
or submittal of false information is a violation of state law subject to civil
penalty.
(g) Prohibitions.
(1) No person who is engaged in this State in the business of selling
to an ultimate purchaser, or renting or leasing new or used TRUs or TRU
gen sets, including, but not limited to, manufacturers, distributors, and
dealers, shall intentionally or negligently import, deliver, purchase, re-
ceive, or otherwise acquire a new or used TRU or TRU gen set engine that
does not meet the performance requirements or alternatives set forth in
section (e)(1) above.
(2) No person who is engaged in this State in the business of selling
to an ultimate purchaser new or used TRU or TRU gen set engines, in-
cluding, but not limited to, manufacturers, distributors, and dealers, shall
sell, or offer to sell, to an ultimate purchaser who is a resident of this State
or a person that could reasonably be expected to do business in this State
a new or used TRU or TRU gen set engine that does not meet the perfor-
mance requirements or alternatives set forth in section (e)(1) above.
(3) No person who is engaged in this State in the business of renting
or leasing new or used TRU or TRU gen set engines, including, but not
limited to, manufacturers, distributors, and dealers, shall lease, offer to
lease, rent, or offer to rent, in this state any new or used TRU or TRU gen
set engine that does not meet the performance requirements or alterna-
tives set forth in section (e)(1) above.
(4) Operators of affected facilities and operators of affected TRUs and
TRU gen sets are prohibited from taking action to divert affected TRUs
to alternative staging areas in order to circumvent the requirements of this
section.
(h) Penalties.
( 1) All persons, as defined in section 1 9 of the Health and Safety Code,
found to be in violation of title 13, CCR, section 2477 may be cited and
subject to the penalty provisions set forth in Health and Safety Code sec-
tions 39674, 39675, 42400 et seq., 42402 et seq., and 42410.
1 The Engine Certification value for the Low Emission TRU category corresponds
to the "Interim" Tier 4 Nonroad/Offroad Emission Standards that are to go into
effect in 2008.
2 Not Applicable — ARB and U.S. EPA will perform a technical review in 2007
to evaluate DOC or filter-based standard for <25 hp category new engines in
201 3. If a more stringent "long term" level for new tier 4 (as identified in the Tier
4 Nonroad/Offroad Emission Standards) engines is adopted by U.S. EPA for
this horsepower category, the Board will consider adopting an engine certifica-
tion in-use performance standard for ULETRU for <25 hp TRUs and TRU gen
sets.
3 The Engine Certification value for Low Emission TRU category corresponds to
the "Interim" Tier 4 Nonroad/Offroad Emission Standards that are to go into ef-
fect in 2008.
4 The Engine Certification value for the Ultra-Low Emission TRU category corre-
sponds to the "Long Term" Tier 4 Nonroad/Offroad Emission Standards that
will go into effect in 201 2 or 201 3.
5 Compliance date is December 31st of the compliance year shown. "MY" means
model year. Black shaded areas are years with no requirements since in-use
compliance year precedes model year . Dark shaded areas without letter codes
have no requirements, pending in-use compliance date. "L" means must meet
LETRU in-use performance standards. "U" means must meet ULETRU in-use
performance standards.
6 TRUs and TRU gen sets with MY 2003 engines and subsequent MY engines
shall be required to comply with ULETRU requirements by the end of the
seventh year after the model year. The exception to this is >25 hp 201 3 and sub-
sequent model years, since these model years would meet ULETRU in-use per-
formance standards as new engines.
7 Compliance date is December 31st of the compliance year shown. "MY" means
model year. Black shaded areas are years with no requirements since in-use
compliance year precedes model year . Dark shaded areas without letter codes
have no requirements, pending in-use compliance date. "L" means must meet
LETRU in-use performance standards. "U" means must meet ULETRU in-use
performance standards.
8 TRUs and TRU gen sets with MY 2003 engines and subsequent MY engines
shall be required to comply with ULETRU requirements by the end of the
seventh year after the model year. The exception to this is >25 hp 201 3 and sub-
sequent model years, since these model years would meet ULETRU in-use per-
formance standards as new engines.
NOTE: Authority cited: Sections 39600, 39601, 39618, 39658, 39659, 39666,
39667, 39674, 39675, 42400 et seq., 42402 et seq., 42410, 43013 and 43018,
Health and Safety Code. Reference: Sections 3961 8, 39650, 39658, 39659, 39666,
39667, 39674, 39675, 42400 et seq., 42402 et seq., 42410, 40717.9, 43013 and
43018, Health and Safety Code.
History
1. New article 8 (section 2477) and section filed 11-10-2004; operative
12-10-2004 (Register 2004, No. 46).
§ 2479. Regulation for Mobile Cargo Handling Equipment
at Ports and Intermodal Rail Yards.
(a) Purpose
The purpose of this regulation is to reduce diesel particulate matter
(PM) and criteria pollutant emissions from compression ignition (CI)
mobile cargo handling equipment that operate at ports and intermodal
rail yards in the state of California.
(b) Applicability
Except as provided in subsection (c), the regulation would apply to any
person who conducts business in California who sells, offers for sale,
leases, rents, purchases, owns or operates any CI mobile cargo handling
equipment that operates at any California port or intermodal rail yard.
(c) Exemptions
(1) The requirements of this section do not apply to mobile cargo han-
dling equipment that do not operate at a port or intermodal rail yard;
(2) The requirements of this section do not apply to portable CI en-
gines;
(3) The requirements of subsections (e), (f), (g), (h), and (i) do not ap-
ply to mobile cargo handling equipment that are not used to handle cargo
at any time but are used for transporting personnel or fuel delivery. Ex-
amples include, but are not limited to, fuel delivery trucks operating sole-
Page 310.14
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Title 13
Air Resources Board
§2479
ly at the terminal to deliver fuel to terminal equipment and vans and buses
used to transport personnel; and
(4) The requirements of this section do not apply to military tactical
support cargo handling equipment.
(d) Definitions
For purposes of this section, the definitions of Health and Safety Code
section 39010 through 39060 shall apply except to extent that such defi-
nitions may be modified by the following definitions that apply specifi-
cally to this regulation:
(1) "Alternative Diesel Fuel" means any fuel used in a CI engine that
is not commonly or commercially known, sold, or represented by the
supplier as diesel fuel No. I -Dor No. 2-D, pursuant to the specifications
in ASTM D975-81, "Standard Specification for Diesel Fuel Oils," as
modified in May 1 982, which is incorporated herein by reference, or an
alternative fuel, and does not require engine or fuel system modifications
for the engine to operate, although minor modifications (e.g., recalibra-
tion of the engine fuel control) may enhance performance. Examples of
alternative diesel fuels include, but are not limited to, biodiesel that does
not meet the definition of CARB diesel fuel; Fischer-Tropsch fuels;
emulsions of water in diesel fuel; and fuels with a fuel additive, unless:
(A) the additive is supplied to the engine fuel by an on-board dosing
mechanism, or
(B) the additive is directly mixed into the base fuel inside the fuel tank
of the engine, or
(C) the additive and base fuel are not mixed until engine fueling com-
mences, and no more additive plus base fuel combination is mixed than
required for a single fueling of a single engine.
(2) "Alternative Fuel" means natural gas, propane, ethanol, methanol,
gasoline (when used in hybrid electric mobile cargo handling equipment
only), hydrogen, electricity, fuel cells, or advanced technologies that do
not rely on diesel fuel. "Alternative fuel" also means any of these fuels
used in combination with each other or in combination with other non-
diesel fuel.
(3) "Basic Container Handling Equipment" means mobile cargo han-
dling equipment, other than yard trucks, bulk cargo handling equipment,
and RTG cranes, used to handle cargo containers. Basic Container Han-
dling Equipment includes but is not limited to top handlers, side handlers,
reach stackers, straddle carriers, and forklifts.
(4) "Bulk Cargo Handling Equipment" means mobile cargo handling
equipment, other than yard trucks, basic container handling equipment,
and RTG cranes, generally used to move non-containerized cargo, in-
cluding but not limited to dozers, excavators, loaders, tractors, mobile
cranes (excluding rubber-tired gantry cranes), aerial lifts, and sweepers.
(5) "California Air Resources Board (CARB) Diesel Fuel" means any
diesel fuel that meets the specifications of vehicular diesel fuel, as de-
fined in title 13 CCR, sections 2281, 2282, and 2284.
(6) "Carbon Monoxide (CO)" is a colorless, odorless gas resulting
from the incomplete combustion of hydrocarbon fuels.
(7) "Cargo Handling Equipment" means any off-road, self-propelled
vehicle or equipment used at a port or intermodal rail yard to lift or move
container, bulk, or liquid cargo carried by ship, train, or another vehicle,
or used to perform maintenance and repair activities that are routinely
scheduled or that are due to predictable process upsets. Equipment in-
cludes, but is not limited to, mobile cranes, rubber-tired gantry cranes,
yard trucks, top handlers, side handlers, reach stackers, forklifts, loaders,
sweepers, aerial lifts, excavators, and dozers.
(8) "Certified Off-road Diesel Engine" means an engine certified to
California off-road engine emission standards under title 13 CCR, sec-
tion 2423.
(9) "Certified On-road Diesel Engine" means an engine certified to
California on-road diesel engine emission standards under title 13 CCR,
section 1956.8.
(10) "Compression Ignition (CI) Engine" means an internal combus-
tion engine with operating characteristics significantly similar to the
theoretical diesel combustion cycle. The regulation of power by control-
ling fuel supply in lieu of a throttle is indicative of a compression ignition
engine.
(1 1) "Contiguous Properties" means two or more parcels of land with
a common boundary or separated solely by a public roadway or other
public right-of-way.
(12) "Diesel Fuel" means any fuel that is commonly or commercially
known, sold, or represented by the supplier as diesel fuel, including any
mixture of primarily liquid hydrocarbons (HC) — organic compounds
consisting exclusively of the elements carbon and hydrogen — that is
sold or represented by the supplier as suitable for use in an internal com-
bustion, compression-ignition engine.
(13) "Diesel-Fueled" means a CI engine fueled by diesel fuel, CARB
diesel fuel, or jet fuel, in whole or part.
(14) "Diesel Oxidation Catalyst (DOC)" means a catalyst promoting
oxidation processes in diesel exhaust, and usually designed to reduce
emissions of the organic fraction of diesel particulates, gas-phase HC,
and CO.
(15) "Diesel Particulate Filter (DPF)" means an emission control
technology that reduces PM emissions by trapping the particles in a flow
filter substrate and periodically removes the collected particles by either
physical action or by oxidizing (burning off) the particles in a process
called regeneration.
(16) "Diesel Particulate Matter (Diesel PM)" means the particles
found in the exhaust of diesel-fueled CI engines. Diesel PM may agg-
lomerate and adsorb other species to form structures of complex physical
and chemical properties.
(17) "Dozer" means an off-road tractor, either tracked or wheeled,
equipped with a blade.
( 1 8) "Emission Control Strategy" means any device, system, or strate-
gy employed with a diesel engine that is intended to reduce emissions,
including, but not limited to, diesel oxidation catalysts, selective catalyt-
ic reduction systems, fuel additives, diesel particulate filters, alternative
diesel fuels, water emulsified fuels, and any combination of the above.
(19) "Excavator" means an off-road vehicle consisting of a backhoe
and cab mounted on a pivot atop an undercarriage with tracks or wheels.
(20) "Executive Officer" means the Executive Officer of the Califor-
nia Air Resources Board or his/her designee.
(21) "Fleet" means the total number of mobile cargo handling equip-
ment vehicles owned, rented, or leased by an owner or operator at a spe-
cific terminal or intermodal yard location.
(22) "Forklift" means an off-road industrial truck used to hoist and
transport materials by means of steel fork(s) under the load.
(23) "Fuel Additive" means any substance designed to be added to fuel
or fuel systems or other engine-related engine systems such that it is
present in-cylinder during combustion and has any of the following ef-
fects: decreased emissions, improved fuel economy, increased perfor-
mance of the engine; or assists diesel emission control strategies in de-
creasing emissions, or improving fuel economy or increasing
performance of the engine.
(24) "Heavy-duty Pilot Ignition Engine" means an engine designed to
operate using an alternative fuel, except that diesel fuel is used for pilot
ignition at an average ratio of no more than one part diesel fuel to ten parts
total fuel on any energy equivalent basis. An engine that can operate or
idle solely on diesel fuel at any time does not meet this definition.
(25) "Hydrocarbon (HC)" means the sum of all hydrocarbon air pollut-
ants.
(26) "In-Use" means a CI engine that is not a "new" CI engine.
(27) "Intermodal Rail Yard" means any transportation facility primar-
ily dedicated to the business of rail and/or intermodal rail operations
where cargo is transferred to or from a train and any other form of con-
veyance, such as train to ship, ship to train, train to truck, or truck to train.
(28) "Lease" means a contract by which one conveys cargo handling
equipment for a specified term and for a specified rent.
(29) "Level" means one of three categories of Air Resources Board-
verified diesel emission control strategies as set forth in title 13, CCR,
Page 310.15
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§2479
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
section 270 1 et seq: Level I means the strategy reduces engine diesel par-
ticulate matter emissions by between 25 and 49 percent, Level 2 means
the strategy reduces engine diesel particulate matter emissions by be-
tween 50 and 84 percent, and Level 3 means the strategy reduces engine
diesel particulate matter emissions by 85 percent or greater, or reduces
engine emissions to less than or equal to 0.01 grams diesel PM per brake
horsepower-hour.
(30) "Loader" means any type of off-road tractor with either tracks or
aibber tires that uses a bucket on the end of movable arms to lift and move
material; can be also referred to as a front-end loader, front loader, skid
steer loader, backhoe. rubber-tired loader, or wheeled loader.
(31) "Military Tactical Support Cargo Handling Equipment" means
cargo handling equipment that meets military specifications, owned by
the U.S. Department of Defense and/or the U.S. military services, and
used in combat, combat support, combat service support, tactical or relief
operations, or training for such operations.
(32) "Minimum Use Requirement" means an agreement, as part of
state or local incentive funding programs or written agreement between
mobile cargo handling equipment owners or operators and the Ports of
Long Beach, Los Angeles, or Oakland, to use an emission control device
on mobile cargo handling equipment for a specified minimum number
of years and/or hours.
(33) "Mobile Crane" means the propulsion engine of a crane other than
a rubber-tired gantry crane.
(34) "Model Year" means the CI engine manufacturer's annual pro-
duction period, which includes January 1st of a calendar year, or if the
manufacturer has no annual production period, the calendar year.
(35) "Newly Purchased, Leased, or Rented Cargo Handling Equip-
ment" means mobile cargo handling equipment, or a diesel-fueled CI en-
gine installed in mobile cargo handling equipment, that is newly pur-
chased, rented, or leased by an owner or operator on or after January 1,
2007, and is operated at a port or intermodal rail yard in the state of
California after January 1, 2007.
(36) "Nitrogen Oxides (NOx)" means compounds of nitric oxide
(NO), nitrogen dioxide (NO2), and other oxides of nitrogen, which are
typically created during combustion processes and are major contribu-
tors to smog formation and acid deposition.
(37) "Non-Methane Hydrocarbons (NMHC)" means the sum of all
HC air pollutants except methane.
(38) "Non-Yard Truck Mobile Cargo Handling Equipment" means all
mobile cargo handling equipment other than yard trucks.
(39) "Ocean-going Vessel" means a commercial, government, or mil-
itary vessel meeting any one of the following criteria:
(A) a vessel with a "registry" (foreign trade) endorsement on its United
States Coast Guard certificate of documentation, or a vessel that is regis-
tered under the flag of a country other than the United States;
(B) a vessel greater than or equal to 400 feet in length overall (LOA)
as defined in 50 CFR § 679.2, as adopted June 19, 1996;
(C) a vessel greater than or equal to 10,000 gross tons (GT ITC) per
the convention measurement (international system) as defined in 46 CFR
69.51-.61, as adopted September 12, 1989; or
(D) a vessel propelled by a marine compression ignition engine with
a per-cylinder displacement of greater than or equal to 30 liters.
(40) "Off-Road Engine" means an engine used in an off-road vehicle,
or piece of equipment, including a certified on-road diesel engine.
(4 1 ) "Off-Road Vehicle or Equipment" means any non-stationary de-
vice, including registered motor vehicles, powered by an internal com-
bustion engine or motor, used primarily off the highways to propel,
move, or transport persons or property.
(42) "Owner or Operator" means any person subject to the require-
ments of this section, including but not limited to:
(A) an individual, trust, firm, joint stock company, business concern,
partnership, limited liability company, association, or corporation in-
cluding but not limited to, a government corporation; and
(B) any city, county, district, commission, the state or any department,
agency, or political subdivision thereof, any interstate body, and the fed-
eral government or any department or agency thereof to the extent per-
mitted by law.
(43) "Particulate Matter (PM)" means the particles found in the ex-
haust of CI engines, which may agglomerate and adsorb other species to
form structures of complex physical and chemical properties.
(44) "Port" means a place, which typically consists of different termi-
nals, where cargo is loaded onto and unloaded from ocean-going vessels
primarily. A port includes military terminals that operate cargo handling
equipment when located as part of, or on contiguous properties with,
non-military terminals.
(45) "Portable CI Engine" means a compression ignition (CI) engine
designed and capable of being carried or moved from one location to
another. Indicators of portability include, but are not limited to, wheels,
skids, carrying handles, dolly, trailer, or platform. Portable engines are
not self-propelled.
(46) "Purchased" means the date shown on the front of the cashed
check, the date of the financial transaction, or the date on the engine pur-
chasing agreement, whichever is earliest.
(47) "Railcar Mover" means an off-road vehicle fitted with rail cou-
plers and capable of traveling on both roads and rail tracks.
(48) "Reach Stacker" means an off-road truck-like cargo container
handler that uses an overhead telescopic boom that can reach across two
or more stacks of cargo containers and lift the containers from the top.
(49) "Registered Motor Vehicle" means a yard truck or other cargo
handling vehicle that is registered as a motor vehicle under Vehicle Code
section 4000, et seq.
(50) "Rent" means payment for the use of mobile cargo handling
equipment for a specified term.
(51) "Retirement" or "Retire" means an engine or vehicle that will be
taken out of service by an owner or operator and will not be operated at
a port or intermodal rail yard in the State of California. The engine may
be sold outside of California or scrapped.
(52) "Rubber-tired Gantry Crane or RTG Crane" means an off-road
overhead cargo container crane with the lifting mechanism mounted on
a cross-beam supported on vertical legs which run on rubber tires.
(53) "Side Handler or Side Pick" means an off-road truck-like cargo
container handler that uses an overhead telescopic boom to lift empty or
loaded cargo containers by grabbing either two top corners on the longest
side of a container, both arms of one side of a container, or both top and
bottom sides of a container.
(54) "Sweeper" means an off-road vehicle with attached brushes un-
derneath that sweep the ground and pick up dirt and debris.
(55) "Terminal" means a facility, including one owned or operated by
the Department of Defense or the U.S. military services, that operates
cargo handling equipment at a port or intermodal rail yard.
(56) "Tier 4 Off-road Emission Standards" means the emission stan-
dards promulgated by the United States Environmental Protection
Agency in "Control of Emissions of Air Pollution from Nonroad Diesel
Engines and Fuel; Final Rule" (Vol. 69, No. 124 Fed. Reg. pp.
38957-39273, June 29, 2004) which harmonize with the final amended
emission standards for newly manufactured off-road engines approved
by the Air Resources Board on December 12, 2004.
(57) "Top Handler or Top Pick" means an off-road truck-like cargo
container handler that uses an overhead telescopic boom to lift empty or
loaded cargo containers by grabbing the top of the containers.
(58) "Verification Procedure, Warranty and In-Use Compliance Re-
quirements for In-Use Strategies to Control Emissions from Diesel En-
gines (Verification Procedure)" means the Air Resources Board (ARB)
regulatory procedure codified in title 13, CCR, sections 2700-2710,
which is incorporated herein by reference, that engine manufacturers,
sellers, owners, or operators may use to verify the reductions of diesel
PM and/or NOx from in-use diesel engines using a particular emission
control strategy.
(59) "Verified Diesel Emission Control Strategy (VDECS)" means an
emission control strategy, designed primarily for the reduction of diesel
PM emissions, which has been verified pursuant to the "Verification Pro-
Page 310.16
Register 2006, No. 48; 12-1-2006
Title 13
Air Resources Board
§2479
cedure for In-Use Strategies to Control Emissions from Diesel Engines"
in title 13, California Code of Regulations, commencing with section
2700.
(60) "Yard truck" means an off-road mobile utility vehicle used to
carry cargo containers with or without chassis; also known as utility trac-
tor rig (UTR), yard tractor, yard goat, yard hostler, yard hustler, or prime
mover.
(e) Requirements
(1) Newly Purchased, Leased, or Rented Equipment Performance
Standards:
(A) Yard Trucks:
1. Except as provided in subsection (c), on or after January 1, 2007, no
owner or operator shall operate any newly purchased, leased, or rented
yard trucks unless they are equipped with the following types of engines:
a. Yard trucks that are registered as motor vehicles shall be equipped
with engines that meet the on-road emission standards as specified in
title 13, California Code of Regulations, section 1956.8, for the model
year in which the yard trucks and engines were newly purchased, leased,
or rented.
b. Yard trucks that are not registered as motor vehicles shall be
equipped with engines:
i. that are certified to the on-road emission standards set forth in title
13, CCR, section 1 956.8; for the model year in which the yard trucks and
engines were newly purchased, leased, or rented; or
ii. that have been certified to meet the final Tier 4 off-road emission
standards for the rated horsepower.
(B) Non-Yard Truck Cargo Handling Equipment:
1 . Except as provided in subsection (c), on or after January 1 , 2007, no
owner or operator shall operate any newly purchased, leased, or rented
non-yard truck vehicles or equipment unless they meet the following:
a. Non-yard truck mobile cargo handling equipment that are regis-
tered as motor vehicles shall be equipped with engines that meet the on-
road emission standards as specified in title 13, California Code of Regu-
lations, section 1956.8, for the model year in which the non-yard truck
mobile cargo handling equipment and engines were newly purchased,
leased, or rented.
b. Non-yard truck mobile cargo handling equipment that are not regis-
tered as motor vehicles shall be equipped with engines:
i. that have been certified to meet the on-road emission standards as
specified in title 13, California Code of Regulations, section 1956.8 for
the model year in which the non-yard truck mobile cargo handling equip-
ment and engines were newly purchased, leased, or rented; or
ii. that have been certified to meet the Tier 4 off-road emission stan-
dards for the model year and rated horsepower of the newly purchased,
leased, or rented non-yard truck mobile cargo handling equipment en-
gines; or
c. if (b) above is not available for the specific application and equip-
ment type, the non-yard truck mobile cargo handling equipment shall be
equipped with engines that have been certified to meet the highest avail-
able level off-road diesel engine emission standards as specified in title
1 3, California Code of Regulations, section 2423 for the rated horsepow-
er and model year in which the equipment were newly purchased, leased,
or rented, provided the owner or operator must install the highest level
VDECS available within one year after the purchase, lease, or rental of
the equipment, or within 6 months of when a VDECS becomes available,
if that occurs after one year after the purchase, lease, or rental.
(2) In-Use Performance Standards for Yard Trucks
(A) In accordance with the schedule set forth below in paragraph
(e)(2)(B), no owner or operator shall operate an in-use yard truck at a port
or intermodal rail yard unless the engine meets the performance stan-
dards set forth below:
Lis certified to 2007 or later on-road emission standards for the model
year of the year purchased as speci fied in title 13, California Code of Reg-
ulations, section 1956.8; or
2. is certified to final Tier 4 off-road emission standards for the rated
horsepower; or
3. is equipped with a VDECS that results in emissions less than or
equal to the diesel PM and NOx emission standards for a certified final
Tier 4 off-road diesel engine of the same horsepower rating.
(B) Compliance Schedules for In-Use Yard Trucks
1 . All owners or operators of three or fewer yard trucks shall comply
with subsection (e)(2) according to the schedule in Table 1:
Table 1: Compliance Schedule for In-Use Yard Truck
Fleets of Three or Less
Off-road without VDECS Installed
by December 31, 2006
Off-road with VDECS Installed
by December 31, 2006
Compliance
Model Year
Deadline
Pre-2003
Dec. 31,2007
2003
Dec. 31,2010
2004
Dec. 31,2011
2005
Dec. 31,2012
2006
Dec. 31,2013
Compliance
Model Year
Deadline
Pre-2003
Dec. 31,2008
2003
Dec. 31,2011
2004
Dec. 31,2012
2005
Dec. 31,2013
2006
Dec. 31,2014
On-road without VDECS Installed
by December 31, 2006
On-road with VDECS Installed
by December 31, 2006
Compliance
Model Year
Deadline
Pre-2000
Dec. 31,2007
2000
Dec. 31,2008
2001
Dec. 31,2009
2002
Dec. 31,2010
2003
Dec. 31,2011
2004
Dec. 31,2012
2005
Dec. 31,2013
2006
Dec. 31.2014
Compliance
Model Year
Deadline
Pre-2000
Dec. 31,2008
2000
Dec. 31,2009
2001
Dec. 31, 2010
2002
Dec. 31,2011
2003
Dec. 31,2012
2004
Dec. 31,2013
2005
Dec. 31,2014
2006
Dec. 31.2015
2. All owners or operators of four or more yard trucks shall comply
with subsection (e)(2) according to the schedule in Table 2:
Page 310.17
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§2479
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
Table 2: Compliance Schedule for In-Use Yard Truck Fleets of Four or More
Off-road without VDECS Installed by
December 31, 2006
Model Year
% of Model Year
Compliance Deadline
Pre-2003
Greater of 3 or 50%
100%
Dec. 31.2007
Dec. 31,2008
2003
Greater of 3 or 25%
50%
100%
Dec. 31,2010
Dec. 31,2011
Dec. 31,2012
2004
Greater of 3 or 25%
50%
100%
Dec. 31.2011
Dec. 31,2012
Dec. 31.2013
2005
Greater of 3 or 25%
50%
100%
Dec. 31,2012
Dec. 31,2013
Dec. 31,2014
2006
Greater of 3 or 25%
50%
100%
Dec. 31.2013
Dec. 31,2014
Dec. 31,2015
Off-road with VDECS Installed by
December 31, 2006
Model Year
% of Model Year
Compliance Deadline
Pre-2003
Greater of 3 or 50%
100%
Dec. 31,2008
Dec. 31,2009
2003
Greater of 3 or 25%
50%
100%
Dec. 31.2011
Dec. 31,2012
Dec. 31,2013
2004
Greater of 3 or 25%
50%
100%
Dec. 31,2012
Dec. 31,2013
Dec. 31,2014
2005
Greater of 3 or 25%
50%
100%
Dec. 31,2013
Dec. 31,2014
Dec. 31,2015
2006
Greater of 3 or 25%
50%
100%
Dec. 31,2014
Dec. 31,2015
Dec. 31.2016
On-road without VDECS Installed by
December 31, 2006
On-road with
December 31,
VDECS Installed by
2006
Model Year
% of Model Year
Compliance Deadline
Pre-2000
Greater of 3 or 25%
50%
100%
Dec. 31,2007
Dec. 31,2008
Dec. 31,2009
2000
Greater of 3 or 25%
50%
100%
Dec. 31,2008
Dec. 31,2009
Dec. 31,2010
2001
Greater of 3 or 25%
50%
100%
Dec. 31,2009
Dec. 31,2010
Dec. 31.2011
2002
Greater of 3 or 25%
50%
100%
Dec. 31,2010
Dec. 31,2011
Dec. 31.2012
2003
Greater of 3 or 25%
50%
100%
Dec. 31,2011
Dec. 31, 2012
Dec. 31,2013
2004
Greater of 3 or 25%
50%
100%
Dec. 31,2012
Dec. 31,2013
Dec. 31,2014
2005
Greater of 3 or 25%
50%
100%
Dec. 31,2013
Dec. 31,2014
Dec. 31,2015
2006
Greater of 3 or 25%
50%
100%
Dec. 31, 2014
Dec. 31,2015
Dec. 31,2016
Model Year
% of Model Year
Compliance Deadline
Pre-2000
Greater of 3 or 25%
50%
100%
Dec. 31,2008
Dec. 31,2009
Dec. 31,2010
2000
Greater of 3 or 25%
50%
100%
Dec. 31,2009
Dec. 31,2010
Dec. 31,2011
2001
Greater of 3 or 25%
50%
100%
Dec. 31,2010
Dec. 31.2011
Dec. 31,2012
2002
Greater of 3 or 25%
50%
100%
Dec. 31,2011
Dec. 31,2012
Dec. 31,2013
2003
Greater of 3 or 25%
50%
100%
Dec. 31,2012
Dec. 31,2013
Dec. 31,2014
2004
Greater of 3 or 25%
50%
100%
Dec. 31,2013
Dec. 31,2014
Dec. 31,2015
2005
Greater of 3 or 25%
50%
100%
Dec. 31,2014
Dec. 31,2015
Dec. 31,2016
2006
Greater of 3 or 25%
50%
100%
Dec. 31,2015
Dec. 31,2016
Dec. 31,2017
a. for each compliance deadline, the percentage of yard trucks (25 per-
cent, 50 percent, or 100 percent) that must meet the requirements of sub-
section (e)(2) is determined based on the total population of yard trucks
for a specific model year or model year group (i.e., pre-2000 or
pre-2003, depending upon whether the equipment is characterized as
on- or off-road) that exist in the owner's or operator's yard truck fleet
as of January 1 of the first compliance deadline year for that model year
or model year group; and
b. if the number of yard trucks is not a whole number, conventional
rounding practices apply (i.e., if less 0.5, round down; if 0.5 or greater,
round up).
(3) In-Use Performance Standards for Non-Yard Truck Mobile Cargo
Handling Equipment
(A) In accordance with the schedule set forth in subsection (e)(3)(C),
no owner or operator shall operate non-yard truck mobile cargo handling
equipment unless they meet all of the following:
1. Use one of the Compliance Options for each vehicle or equipment
in the active fleet as specified in paragraph (e)(3)(B) per the compliance
schedule listed in Table 3 in subsection (e)(3)(C); and
2. Adherence to any special circumstances that may apply when a die-
sel emission control strategy is used as a Compliance Option as specified
in subsection (g); and
3. Maintenance of all records as specified in subsection (i); and
4. Continuous Compliance. An owner or operator is required to keep
all mobile cargo handling equipment operating in California in com-
pliance with the requirements of this regulation at all times.
(B) Compliance Option. Each owner or operator shall use one of the
following Compliance Options on each engine or vehicle in his fleet as
required by the implementation schedule listed in Table 3 in subsection
(e)(3)(C):
1. Basic Container Handling Equipment:
Page 310.18
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Title 13
Air Resources Board
§2479
•
•
a. An engine or power system, including a diesel, alternative fuel, or
heavy-duty pilot ignition engine, certified to either the 2007 or later
model year on-road emission standards for the year manufactured as spe-
cified in title 13, CCR, section 1956.8, or the Tier 4 off-road emission
standards for the rated horsepower and model year of the year manufac-
tured; or
b. An engine or power system certified to the on-road emission stan-
dards for the year manufactured as specified in title 13, CCR, section
1956.8, or certified to the Tier 2 or Tier 3 off-road diesel engine standard
for the rated horsepower and model year of the year manufactured, and
used in conjunction with the highest level VDECS that is verified for a
specific engine family and model year. If the highest level VDECS used
is Level 1 , the engine or power system must meet the certified Tier 4 off-
road emission standards, or be equipped with a Level 3 VDECS by De-
cember 31, 2015; or
c. An engine or power system either certified to the Tier 1 off-road die-
sel engine standard, as specified in title 13, CCR, section 2423, or
manufactured prior to implementation of the Tier 1 off-road diesel en-
gine standard, both of which must be used in conjunction with the highest
level VDECS that is verified for the specific engine family and model
year. If the highest level VDECS used is Level 1 or Level 2, the engine
or power system must meet the certified Tier 4 off-road emission stan-
dards or be equipped with a Level 3 VDECS by December 31, 2015.
2. Bulk Cargo Handling Equipment:
a. An engine or power system, including a diesel, alternative fuel, or
heavy-duty pilot ignition engine, certified to either the 2007 or later
model year on-road emission standards for the year manufactured as spe-
cified in title 13, CCR, section 1956.8, or the Tier 4 off-road emission
standards for the rated horsepower and model year of the year manufac-
tured; or
b. An engine or power system certified to the on-road emission stan-
dards for the year manufactured as specified in title 13, CCR, section
1 956.8, or certified to the Tier 2 or Tier 3 off-road diesel engine standard
for the rated horsepower and model year of the year manufactured, and
used in conjunction with the highest level VDECS that is verified for a
specific engine family and model year. If the highest level VDECS used
is Level 1 , the engine or power system must meet the certified Tier 4 off-
road emission standards, or be equipped with a Level 3 VDECS by De-
cember 31, 2015; or
c. An engine or power system either certified to the Tier 1 off-road die-
sel engine standard, as specified in title 13, CCR, section 2423, or
manufactured prior to implementation of the Tier 1 off-road diesel en-
gine standard, both of which must be used in conjunction with the highest
level VDECS that is verified for the specific engine family and model
year. If the highest level VDECS used is Level 1 , the engine or power sys-
tem must meet the certified Tier 4 off-road emission standards or be
equipped with a Level 3 VDECS by December 31, 2015.
3. Rubber-Tired Gantry Cranes:
a. An engine or power system, including a diesel, alternative fuel, or
heavy-duty pilot ignition engine, certified to either the 2007 or later
model year on-road emission standards for the year manufactured as spe-
cified in title 13, CCR, section 1956.8, or the Tier 4 off-road emission
standards for the rated horsepower and model year of the year manufac-
tured; or
b. An engine or power system certified to the on-road emission stan-
dards for the year manufactured as specified in title 13, CCR, section
1 956.8, or certified to the Tier 2 or Tier 3 off-road diesel engine standard
for the rated horsepower and model year of the year manufactured, and
used in conjunction with the highest level VDECS that is verified for a
specific engine family and model year; or
c. An engine or power system either certified to the Tier 1 off-road die-
sel engine standard, as specified in title 13, CCR, section 2423, or
manufactured prior to implementation of the Tier 1 off-road diesel en-
gine standard, both of which must be used in conjunction with the highest
level VDECS that is verified for the specific engine family and model
year. If the highest level VDECS used is Level 1 or Level 2, the engine
or power system must meet the certified Tier 4 off-road emission stan-
dards or be equipped with a Level 3 VDECS by the latter of model year
plus 1 2 years or December 31, 2015.
(C) Compliance Schedule for Non-Yard Truck Mobile Cargo Han-
dling Equipment
1. All owners or operators of non-yard truck mobile cargo handling
equipment shall comply with subsection (e)(3) according to the schedule
in Table 3:
Table 3: Compliance Option Compliance Schedule for Non-Yard Truck In-Use Mobile Cargo Handling Equipment
Engine Model Years
Non-Yard Truck
Fleets of 3 or Fewer
Compliance Date1
Non-Yard Truck Fleets of 4 or More
First 3 or 25%
(whichever is greater) 50% 75%
100%
pre- 1988
2007
2007
2008
2009
2010
1988-1995
2008
2008
2009
2010
2011
1996-2002
2009
2009
2010
2011
2012
2003-2006
2010
2010
2011
2012
2013
1 Compliance date refers to December 31st of the year indicated.
a. for each compliance deadline, the percentage of non-yard truck
equipment (25 percent, 50 percent, or 100 percent) that must meet the re-
quirements of subsection (e)(3) is determined based on the total popula-
tion of non-yard truck equipment for a specific model year group (i.e.,
pre- 1988) that exist in the owner's or operator's non-yard truck fleet as
of January 1 of the first compliance deadline year for that model year
group; and
b. if the number of non-yard truck equipment is not a whole number,
conventional rounding practices apply (i.e., if less 0.5, round down; if 0.5
or greater, round up).
(4) Fuel Requirements
(A) Except as provided for in subsection (c), on or after January 1,
2007, no owner or operator of cargo handling equipment shall fuel the
equipment with any fuel unless the fuel is one of the following:
l.CARB Diesel Fuel; or
2. An alternative diesel fuel that meets the requirements of the Verifi-
cation Procedure; or
3. An alternative fuel; or
4. CARB Diesel Fuel used with fuel additives that meets the require-
ments of the Verification Procedure; or
5. Any combination of (e)(4)(A) 1. through (e)(4)(A)4. above.
(B) Owners or operators choosing to use alternative diesel fuels in mo-
bile cargo handling equipment to meet the requirements of subsections
(e)(2) and (e)(3) shall:
1. Maintain records in accordance with subsection (i); and
2. Use only fuel that is a VDECS alternative diesel fuel in mobile cargo
handling equipment at ports or intermodal rail yards in California; and
3. Permanently affix a label in clear view near the fill spout that identi-
fies the proper fuel that is required to be in compliance; and
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§2479
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
4. In the event that the owner or operator decides to revert to using
CARB diesel fuel, the operator shall comply with the requirements of
subsections (e)(2) and (e)(3) within 10 days of discontinuation of alterna-
tive diesel fuel use. Within 10 days of discontinuation, the owner or oper-
ator shall notify the Executive Officer in writing of this change in fuel use
and shall include an update to any annual report submitted to comply with
subsections (j).
(C) Owners or operators that retrofit mobile cargo handling equipment
with a VDECS that requires certain fuel properties to be met in order to
achieve the required PM reduction or PM emissions shall only fuel the
subject mobile cargo handling equipment with fuel that meets these spec-
ifications. In addition, owners or operators that choose a VDECS that re-
quires certain fuel properties to be met in order to prevent damage to the
VDECS or an increase in toxic air contaminants, other harmful com-
pounds, or in the nature of the emitted PM, shall only fuel the subject mo-
bile cargo handling equipment with fuel that meets these specifications.
(f) Compliance Extensions
An owner or operator may be granted an extension to a compliance
deadline specified in subsection (e) for one of the following reasons. If
a compliance extension is granted by the Executive Officer, the owner
or operator shall be deemed to be in compliance as specified by the
Executive Officer's authorization. Unless specifically stated, com-
pliance extensions may not be combined or used consecutively, and only
one compliance extension type may be granted per engine or vehicle.
(1) Compliance Extension for an Engine Near Retirement. If an owner
or operator has applied a Compliance Option to its fleet pursuant to the
schedule set forth in Table 3 of subsection (e), and the next engine subject
to the Compliance Options is scheduled to be retired from the active fleet
within one year of the applicable compliance deadline, the owner or oper-
ator does not need to apply a Compliance Option to that engine for up to
one year, provided the owner or operator maintains appropriate records
and documentation, as specified in subparagraph (i)(l )(F), regarding the
assigned retirement date and the engine is retired on or before the as-
signed date. If upon inspection, ARB finds the aforementioned condi-
tions to have not been met, the engine would be in noncompliance from
the date that compliance would otherwise have been required under the
schedule set forth in Table 3 of subsection (e).
(2) Compliance Extension Based on No Verified Diesel Emission
Control Strategy for Non-Yard Truck Mobile Cargo Handling Equip-
ment. If the Executive Officer has not verified a diesel emission control
strategy or one is not commercially available for a particular engine and
equipment combination, an annual extension in compliance, up to a max-
imum of two years, may be granted by the Executive Officer. The Execu-
tive Officer shall grant the extension upon determining that the following
circumstances have been met:
(A) The owner or operator has applied to the Executive Officer for a
compliance extension for an engine six months prior to each compliance
deadline specified in subsection (e)(3)(C) and provided sufficient docu-
mentation to meet the conditions set forth below. The owner or operator
may, six-months prior to the expiration of the extension, apply for an
additional one-year extension. In such a case, the owner or operator shall
once again be required to show to the Executive Officer's satisfaction
that the conditions set forth below have been met:
1 . Establish that it has applied a Compliance Option specified in sub-
section (e)(3) to all applicable engines in its fleet for which a Compliance
Option is feasible pursuant to the schedule set forth in Table 3 of subsec-
tion (e),
2. Identify each engine for which an extension is requested by engine
serial number; engine manufacturer, model year, family, and series; and
type of mobile cargo handling equipment, for which a specific diesel
emission control strategy would jeopardize the original engine warranty
and a statement from the engine manufacturer or authorized dealer stat-
ing the original engine warranty would be jeopardized; or
3. Identify each engine and equipment or vehicle combination for
which an extension is requested by engine serial number; engine
manufacturer, model year, family, and series; and type of mobile cargo
handling equipment, for which no diesel emission control strategy is
commercially available and a list of manufacturers that have been con-
tacted with their responses to a request to purchase, and
4. Describe the reason(s) for the request for a compliance extension for
each engine or engine and equipment or vehicle combination.
(3) Use of Experimental Diesel Particulate Matter Emission Control
Strategies for Non-Yard Truck Mobile Cargo Handling Equipment. An
annual compliance extension may be granted by the Executive Officer
for the use of an experimental, or non-verified, diesel PM emission con-
trol strategy if a VDECS is not available or if the owner or operator can
demonstrate that an existing VDECS is not feasible for their equipment
or application. The owner or operator shall keep documentation of this
use in records as specified in paragraph (i)(l )(G). Each mobile cargo han-
dling equipment engine will be considered to be in compliance for the
duration of the experiment, until the extension expires. The owner or op-
erator must bring the mobile cargo handling equipment into compliance
prior to the end of the annual compliance extension. The Executive Offi-
cer may grant the extension upon determining that the owner or operator
has met the conditions specified below:
(A) The engine owner or operator has applied to the Executive Officer
for a compliance extension six months prior to each compliance deadline,
including annually if the owner or operator wishes to continue with the
experimental controls. The application must include emissions data dem-
onstrating the experimental control achieves at least a Level 1 diesel PM
emission reduction through:
1 . off-road engine certification test data for the cargo handling equip-
ment engine;
2. engine manufacturer test data;
3. emissions test data from a similar engine;
4. emissions test data used in meeting the requirements of the Verifica-
tion Procedure for the emission control strategy implemented; or
5. emissions testing conducted under the following conditions:
a. baseline testing may be conducted with the emission control strate-
gy in place, provided the test sample is taken upstream of the emission
control strategy;
b. control strategy testing shall be performed on the cargo handling
equipment engine with full implementation of the emission control strat-
egy;
c. the percent change from baseline shall be calculated as the baseline
emissions minus control strategy emissions, with the difference being di-
vided by the baseline emissions and the result expressed as a percentage;
d. the same test method shall be used for determining both baseline
emissions and control strategy emissions; and
e. diesel PM, NOx, CO, HC, NMHC, and C02 testing shall be done in
accordance with one of the following methods:
i. International Organization for Standardization (ISO) 8178 Test pro-
cedures: ISO 8178-1: 1996(E) ("ISO 8178 Part 1"); ISO 8178-2:
1996(E) ("ISO 8178 Part 2"); and ISO 8178-4: 1996(E) ("ISO 8178 Part
4"), which are incorporated herein by reference; or
ii. Title 13, California Code of Regulations, section 2423, "Exhaust
Emission Standards and Test Procedures — Off-Road Compression
Ignition Engines," which is incorporated herein by reference.
(B) The application for extension must include the following: explana-
tion demonstrating that the highest level VDECS are not feasible for the
specific equipment or application (if applicable), identification of each
engine (serial number, engine manufacturer, model year, family, and se-
ries), description of the emission control system to be demonstrated,
emissions data required in (A) above, the contact information for the
emission control system supplier, and a letter of intent from the supplier
that they intend to apply for verification of the experimental system;
(C) The owner or operator must bring the mobile cargo handling
equipment into compliance prior to the end of the compliance extension
period;
(D) If VDECS are available, or become available during the extension
period, and are determined to be feasible for the specific engine and
equipment type, the owner or operator must demonstrate that the exper-
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Title 13
Air Resources Board
§2479
imenlal control achieves equivalent to or better than a Level 1 VDECS;
and
(E) No experimental diesel particulate matter emission control strate-
gy may be used on mobile cargo handling equipment after December 3 1 ,
2015.
(4) Compliance Extension for Equipment Manufacturer Delays. An
owner or operator who has purchased new equipment in order to comply
with subsection (e), including an owner or operator who has been granted
a compliance extension per subsections (f)(2), (f)(3), or (f)(5). will be
considered to be in compliance if the new equipment has not been re-
ceived due to manufacturing delays, as long as the following conditions
are met:
(A) The equipment was purchased, or the owner or operator and seller
had entered into contractual agreement for the purchase, at least six
months prior to the required compliance date as specified in subsection
(e); and
(B) Proof of purchase, such as a purchase order or signed contract for
the sale, including engine specifications for each applicable equipment,
must be maintained by the owner or operator and provided to an agent or
employee of ARB upon request.
(5) Compliance Extension for Yard Trucks Having VDECS with
Minimum Use Requirements. If VDECS were installed on a yard truck
prior to December 31, 2005, and the minimum use requirements of the
VDECS, as established under a public funding program, is later than the
compliance date as specified in subsection (e)(2)(B), an exemption from
compliance may be extended to three years beyond the installation date
of the VDECS if the following conditions are demonstrated by the owner
or operator:
(A) The VDECS was installed using funding from a public agency;
and
(B) The funding program stipulated minimum use requirements that
would expire after the required compliance date as specified in subsec-
tion (e)(2)(B).
(g) Diesel Emission Control Strategy Special Circumstances
An owner or operator shall maintain the original level of the elected
Compliance Option for each engine once that engine is required to be in
compliance, and is not required to upgrade to a higher level of Com-
pliance Option, except under specified special circumstances, as follows:
( 1 ) In the event of a failure or damage of a diesel emission control strat-
egy, the following conditions apply:
(A) Failure or Damage during the Warranty Period. If a diesel emis-
sion control strategy fails or is damaged within its warranty period and
the diesel emission control strategy manufacturer or authorized dealer
determines it cannot be repaired, the owner or operator shall replace the
diesel emission control strategy with either the same level diesel emis-
sion control strategy or another approved Compliance Option as defined
in subsection (e)(3) within 90 days of diesel emission control strategy
failure.
(B) Failure or Damage Outside of Warranty Period. If a diesel emis-
sion control strategy fails or is damaged outside of its warranty period,
and it cannot be repaired, the owner or operator shall apply a Compliance
Option within 90 days, as defined in subsection (e)(3).
(h) Alternative Compliance Plan for Non-Yard Truck Cargo Handling
Equipment
(1) Requirements
(A) The purpose of this subsection is to allow any person ("person" or
"applicant") subject to this regulation the option of complying with the
requirements of this subsection (h) in lieu of the requirements of subsec-
tion (e)(3). Under this subsection (h), alternative emission control strate-
gies (AECS) can be implemented as an alternative compliance plan
(ACP), provided they result in no greater emissions, expressed in pounds,
of diesel PM and NOx from the non-yard truck cargo handling equip-
ment, over the applicable calendar year, relative to the emissions that
would have occurred under subsection (e)(3).
(B) An applicant wishing to participate in an ACP may include one or
more non-yard truck cargo handling equipment in the ACP, but the ap-
plicant shall only include equipment that the person owns or operates un-
der their direct control at the same port or intermodal rail yard.
(C) No cargo handling equipment shall be included in more than one
ACP.
(D) AECS may include, but are not limited to:
1. equipment engine modifications,
2. exhaust treatment control,
3. engine repower,
4. equipment replacement, and
5. use of alternative fuels or fuel additives.
(E) The ACP application demonstrating compliance with this subsec-
tion shall contain, at a minimum, the following information:
1. the company name, address, and contact information;
2. the equipment subject to the ACP, including equipment and engine
make, model, and serial numbers, and other information that uniquely
identify the equipment;
3. documentation, calculations, emissions test data, or other informa-
tion that establishes the diesel PM and NOx reductions, expressed in
pounds, from non-yard truck cargo handling equipment will be equiva-
lent to or greater than the emission reductions that would have been
achieved upon compliance with subsection (e)(3);
4. the proposed recordkeeping, reporting, monitoring, and testing pro-
cedures that the applicant plans to use to demonstrate continued com-
pliance with the ACP.
(F) Emission reduction calculations demonstrating equivalence with
the requirements of subsection (e)(3) shall only include diesel PM and
NOx emissions from non-yard truck cargo handling equipment that op-
erate at the California port or intermodal rail yard to which the ACP ap-
plies.
(G) Any owner or operator subject to an approved ACP shall maintain
operating records in a manner and form as specified by the Executive Of-
ficer in the approved ACP. Required records may include, but are not
limited to, information on hours of operation, fuel usage, maintenance
procedures, and emissions test results. Such records and reports shall be
retained for a period of not less than three (3) years and shall be submitted
to the Executi ve Officer in the manner specified in the approved ACP and
upon request by the Executive Officer.
(H) Emission reductions included in an ACP shall not include reduc-
tions that are otherwise required by any local, State, or federal rule, regu-
lation, or statute, or that are achieved or estimated from equipment not
located at the specific port or intermodal rail yard to which the ACP ap-
plies.
(1) No person may operate any non-yard truck cargo handling equip-
ment under an ACP unless the applicant has first been notified in writing
by the Executive Officer that the ACP application has been approved.
Prior to such approval, applicants shall comply with the provisions of this
section, including the requirements in subsection (e)(3).
(2) Application Process
(A) Applications for an ACP shall be submitted in writing to the
Executive Officer for evaluation.
(B) The Executive Officer shall establish an Internet site ("ACP Inter-
net site") in which all documents pertaining to an ACP application will
be made available for public review. The Executive Officer shall also
provide a copy of all such documents to any person upon request ("inter-
ested party(ies)"). The Executive Officer shall provide two separate pub-
lic comment periods during the ACP application process, as specified in
this subsection (h)(2).
(C) Completeness Determination
Within 15 days after receiving an ACP application(s), the Executive
Officer shall notify the applicant whether the application is deemed suffi-
ciently complete to proceed with further evaluation. If the application is
deemed incomplete, the notification shall identify the application's defi-
ciencies. The Executive Officer shall have an additional 15-day period
for reviewing each set of documents or information submitted in re-
sponse to an incompleteness determination. Nothing in this subsection
prohibits the Executive Officer from requesting additional information
Page 310.21
Register 2006, No. 48; 12-1-2006
§2479
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
from the applicant, during any part of the ACP application process, which
the Executive Officer determines is necessary to evaluate the application.
(D) Notice of Completeness and 30-Day First Public Comment Period
After an ACP application has been deemed complete, the Executive
Officer shall provide a 30-day public comment period to receive com-
ments on any element of the ACP application and whether the Executive
Officer should approve or disapprove the ACP application based on the
contents and merits of the application. The Executive Officer shall notify
all interested parties of the following:
1. the applicant(s);
2. the start and end dates for the 30-day first comment period; and
3. the address of the ACP Internet site where the application is posted.
The Executive Officer shall also make this notification available for
public review on the ACP Internet site.
(E) Proposed Action and 15-Day Second Public Comment Period
Within 30 days after the first public comment period ends, the Execu-
tive Officer shall notify the applicant and all interested parties of ARB's
proposed approval or disapproval. This notification shall propose to ap-
prove the application as submitted, disapprove the application, or ap-
prove the ACP application with modifications as deemed necessary by
the Executive Officer. The notification shall identify the start and end
dates for the 15-day second public comment period. During the second
public comment period, any person may comment on the Executive Offi-
cer's proposed approval or disapproval of the ACP application and any
element of the application. The Executive Officer shall also make this no-
tification available for public review on the ACP Internet site.
(F) Final Action
Within 15 days after the second public comment period ends, the
Executive Officer shall take final action to either approve or deny an ACP
application and shall notify the applicant accordingly. If the application
is denied or modified, the Executive Officer shall state the reasons for the
denial or modification in the notification. The notification to the appli-
cant and approved ACP, if applicable, shall be made available to the pub-
lic on the ACP Internet site. In addition, the Executive Officer shall con-
sider and address all comments received during the first and second
public comment periods, and provide responses to each comment on the
ACP Internet site.
(G) Notification to the Executive Officer of Changes to an Approved
ACP
The applicant shall notify the Executive Officer in writing within 30
days upon learning of any information that would alter the emissions esti-
mates submitted during any part of the ACP application process. If the
Executive Officer has reason to believe that an approved ACP has been
granted to a person that no longer meets the criteria for an ACP, the
Executive Officer may, pursuant to subsection (h)(3) below, modify or
revoke the ACP as necessary to assure that the applicant and subject non-
yard truck cargo handling equipment will meet the emission reduction re-
quirements in this section.
(3) Revocation or Modification of Approved ACPs
With 30-days notice to the ACP holder, the Executive Officer may re-
voke or modify, as needed, an approved ACP if there have been multiple
violations of the ACP provisions or the requirements of the approved
ACP; or if the Executive Officer has reason to believe that an approved
ACP has been granted that no longer meets the criteria or requirements
for an ACP or the applicant can no longer comply with the requirements
of the approved ACP in its current form.
Public notification of a revocation or modification of an approved
ACP shall be made available on the ACP Internet site.
(i) Recordkeeping Requirements
Beginning December 31, 2006, an owner or operator of mobile cargo
handling equipment shall maintain the following records or copies of re-
cords at port and intermodal rail yard facilities where applicable. The
owner or operator shall provide the following records for inspection to
an agent or employee of ARB upon request, including copies of these re-
cords at the department's expense, for all mobile cargo handling equip-
ment subject to compliance with the regulation:
(1) Records Kept at Terminal. The owner or operator shall keep the
following records accessible either in hard copy format or computer re-
cords at the terminal where the mobile cargo handling equipment nor-
mally resides:
(A) Owner or Operator Contact Information
1 . Company name
2. Contact name, phone number, address, e-mail address
3. Address of equipment
(B) Equipment and Engine Information
1 . Make of equipment and engine
2. Model of equipment and engine
3. Engine family (if applicable)
4. Engine serial number
5. Year of manufacture of equipment and engine (if unable to deter-
mine, approximate age)
6. Rated brake horsepower
7. Control equipment (if applicable)
a. Type of diesel emission control strategy
b. Serial number of installed diesel emission control strategy
c. Manufacturer of installed diesel emission control strategy
d. Model of installed diesel emission control strategy
e. Installation date of installed diesel emission control strategy
f. Level of control (1,2, or 3); if using a Level 1 or 2, include the reason
for the choice
g. Documentation forMinimum Use Requirement Compliance Exten-
sion pursuant to paragraph (f)(5)
(C) Records of maintenance for each installed diesel emission control
strategy
(D) Fuel(s) Used
l.CARB Diesel
2. Alternative diesel fuel (specify)
3. Alternative fuel (specify)
4. Combination (dual fuel) (specify)
5. Other (specify)
(E) Operation Information
1 . Describe general use of engine
2. Typical load (percent of maximum blip rating)
3. Typical annual hours of operation
4. If seasonal, months of year operated and typical hours per month op-
erated
(F) For each engine for which an owner or operator is claiming an ex-
emption pursuant to paragraph (f)( 1), the retirement date correlated to the
information in paragraph (i)(l) above
(G) For each engine for which an owner or operator is claiming an ex-
tension pursuant to paragraph (f)(3), the records of the test plan, includ-
ing start and end dates of the experiment; diesel particulate matter emis-
sion control strategy manufacturer name and contact information
(representative, address, and phone number); name and type of exper-
imental diesel particulate matter emission control strategy; and targeted
data to be generated by experiment, correlated to the information in para-
graph (i)(l) above
(H) For each engine for which an owner or operator is claiming an ex-
tension pursuant to paragraph (0(4), the purchase order or signed con-
tract between the owner or operator and seller of the new equipment that
has been purchased in order to comply with subsection (e)
(I) A statement of compliance, prepared beginning January 1, 2007,
and renewed each January 1 thereafter until January 1, 2016, certifying
that the owner's or operator's engines are in compliance as required, in-
cluding the following:
1. "The mobile cargo handling equipment at terminal (insert terminal
name and name of port or intermodal rail yard) are in compliance with
title 13, California Code of Regulations, section 2479;" and
2. The owner's or operator's name, business address, business tele-^
phone; and
3. The signature of the owner or operator or its agent and date signed^
Page 310.22
Register 2006, No. 48; 12-1-2006
Title 13
Air Resources Board
§2479
(2) Records Kept in Mobile Cargo Handling Equipment. For each mo-
bile cargo handling equipment, the owner or operator shall keep the fol-
lowing information affixed to the driver's side door jamb, or another
readily accessible location known by the owner or operator of each mo-
bile cargo handling equipment, in the form of a legible and durable label
or in an alternative form approved by the Executive Officer or designee
that is immediately accessible at the time of inspection by the enforce-
ment agency:
(A) For each installed diesel emission control strategy, label informa-
tion as specified in title 13, CCR, section 2706(g), and the installation
date; or
(B) For each mobile cargo handling equipment that has installed a cer-
tified on-road or off-road engine in order to comply with subsection (e),
the engine make, model, and installation date; or
(C) Engine model year and planned compliance date; or
(D) Engine model year and retirement date for an engine for which an
owner or operator is claiming an extension pursuant to paragraph (f)(1);
or
(E) Engine model year and beginning and end date for which an owner
or operator is claiming an extension pursuant to paragraph (f)(2): or
(F) Engine model year and beginning and ending date of the test plan
for an engine for which an owner or operator is claiming an extension
pursuant to paragraph (f)(3); or
(G) Engine model year and date of purchase of replacement engine or
equipment for which an owner or operator is claiming an extension pur-
suant to paragraph (f)(4); or
(H) Engine model year, date of installation of VDECS, and supporting
documentation for public funding program, for the engine and equipment
for which an owner or operator is claiming an extension pursuant to para-
graph (f)(5).
(3) Each owner or operator shall maintain these records for each mo-
bile cargo handling equipment until it is sold outside of the State of
California or is no longer used at a port or intermodal rail yard in the State
of California. If ownership is transferred, the seller shall convey the re-
cords to the buyer.
(j) Reporting Requirements
(1) Compliance Plan. By January 31, 2007, each owner or operator of
in-use mobile cargo handling equipment subject to the requirements of
subsection (e) shall provide the following information to the Executive
Officer:
(A) Information listed in paragraph (i)(l), and
(B) An identification of the planned control strategy (Compliance
Plan) for each mobile cargo handling equipment listed in paragraph (i)(l)
that, when implemented, will result in compliance with subsection (e).
If applicable, the information should include the Executive Order num-
ber issued by the Executive Officer for a VDECS that has been approved
by the Executive Officer through the Verification Procedure. The Com-
pliance Plan is not binding and can be changed by the owner or operator
prior to the required compliance date(s).
(2) Demonstration of Compliance. By no later than the earliest appli-
cable compliance date specified in subsections (e)(2)(B) or (e)(3)(C), for
each in-use cargo handling equipment subject to the requirements of
subsection (e), the owner or operator shall provide the following in-
formation to the Executive Officer:
(A) Information listed in (i)(l), and
(B) An identification of the control strategy implemented for each mo-
bile cargo handling equipment in accordance with the requirements of
subsection (e) for purposes of demonstrating compliance.
(3) Annual Reporting. Each terminal owner or operator shall submit
an annual report to the Executive Officer by January 31, 2007, and by
each January 31 annually, through 2016 as described below:
(A) Company name;
(B) Contact name, phone number, address, e-mail address;
(C) Address of equipment, including name of port or intermodal rail
yard where equipment is operated;
(D) The population, as of January 1 of that year, of equipment in each
yard truck model year group and each non-yard truck model year group;
and
(E) A signed affidavit stating the completeness and accuracy of the
annual report.
(4) Reporting for Off-Road Equipment that Does Not Handle Cargo
at any Time. Each terminal owner or operator to whom subsection (c)(3)
applies, shall submit a report to the Executive Officer by January 31,
2007, as described below:
(A) Owner or Operator Contact Information
1 . Company name
2. Contact name, phone number, address, e-mail address
3. Address of equipment
(B) Equipment and Engine Information
1. Make of equipment and engine
2. Model of equipment and engine
3. Engine family (if applicable)
4. Engine serial number
5. Year of manufacture of equipment and engine (if unable to deter-
mine, approximate age)
6. Rated brake horsepower
7. Control equipment (if applicable)
a. Type of diesel emission control strategy
b. Serial number of installed diesel emission control strategy
c. Manufacturer of installed diesel emission control strategy
d. Model of installed diesel emission control strategy
e. Installation date of installed diesel emission control strategy
f. Level of control (1, 2, or 3)
(C) Fuel(s) Used
1 . CARB Diesel
2. Alternative diesel fuel (specify)
3. Alternative fuel (specify)
4. Combination (dual fuel) (specify)
5. Other (specify)
(D) Operation Information
1 . Describe general use of engine
2. Typical load (percent of maximum bhp rating)
3. Typical annual hours of operation
4. If seasonal , months of year operated and typical hours per month op-
erated
(k) Right of Entry
An agent or employee of the Air Resources Board has the right of entry
to port and intermodal rail yard cargo handling facilities for the purpose
of inspecting on-road and off-road cargo handling equipment and their
records to determine compliance to these regulations.
(/) Prohibitions
No person who is engaged in this State in the business of selling to an
ultimate purchaser, or renting or leasing new or used mobile cargo han-
dling equipment, including, but not limited to, manufacturers, distribu-
tors, and dealers, shall sell, offer for sell, import, deliver, purchase, re-
ceive, or otherwise acquire a new or used mobile cargo handling
equipment for the purpose of selling, renting, or leasing in California,
that does not meet the performance requirements of this regulation.
(m) Severability
If any subsection, paragraph, subparagraph, sentence, clause, phrase,
or portion of this regulation is, for any reason, held invalid, unconstitu-
tional, or unenforceable by any court of competent jurisdiction, such por-
tion shall be deemed as a separate, distinct, and independent provision,
and such holding shall not affect the validity of the remaining portions
of the regulation.
(n) Submittal of Documents
(A) All documents required under this regulation to be submitted to the
Executive Officer shall be submitted as follows:
Page 310.23
Register 2006, No. 48; 12-1-2006
§2480
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
CALIFORNIA AIR RESOURCES BOARD
STATIONARY SOURCE DIVISION. CARGO HANDLING EQUIPMENT
P.O. BOX2815
SACRAMENTO. CALIFORNIA 95812-2815
(B) An alternative method, including electronic submittals, may be ap-
proved by the Executive Officer.
NOTE: Authority cited: Sections 39600. 39601, 39618, 39658. 39659, 39667,
39674, 39675. 42400, 42400.1, 42400.2, 42400.3, 42400.3.5, 42400.6, 42402,
42402.1. 42402.2. 42402.3, 42402.4, 42410, 43013 and 43018. Health and Safety
Code. Reference: Sections 39618, 39650. 39658, 39659. 39667, 39674, 39675,
42400, 42400.1 , 42400.2, 42400.3, 42400.3.5, 42400.6, 42402, 42402. 1 . 42402.2.
42402.3, 42402.4, 42410, 43013 and 43018, Health and Safety Code.
History
1. New section filed 12-1-2006: operative 12-1-2006 pursuant to Government
Code section 1 1 343.4 (Register 2006, No. 48).
Chapter 10.
Mobile Source Operational
Controls
Article 1. Motor Vehicles
§ 2480. Airborne Toxic Control Measure to Limit School
Bus Idling and Idling at Schools.
(a) Purpose. This airborne toxic control measure seeks to reduce pub-
lic exposure, especially school age children's exposure, to diesel exhaust
particulate matter and other toxic air contaminants by limiting unneces-
sary idling of specified vehicular sources.
(b) Applicability. Except as provided in subsection (d), this section ap-
plies to the operation of every school bus, transit bus, school pupil activ-
ity bus, youth bus, general public paratransit vehicle, and other commer-
cial motor vehicle as defined in subsection (h).
(c) Idling Control Measure.
(1) A driver of a school bus, school pupil activity bus, youth bus, or
general public paratransit vehicle:
(A) must turn off the bus or vehicle engine upon stopping at a school
or within 100 feet of a school, and must not turn the bus or vehicle engine
on more than 30 seconds before beginning to depart from a school or
from within 100 feet of a school; and
(B) must not cause or allow a bus or vehicle to idle at any location
greater than 1 00 feet from a school for:
(i) more than five consecutive minutes; or
(ii) a period or periods aggregating more than five minutes in any one
hour.
(2) A driver of a transit bus or of a commercial motor vehicle not iden-
tified in (c)(1):
(A) must turn off the bus or vehicle engine upon stopping at a school
and must not turn the bus or vehicle engine on more than 30 seconds be-
fore beginning to depart from a school; and
(B) must not cause or allow a bus or vehicle to idle at any location with-
in 100 feet of, but not at, a school for:
(i) more than five consecutive minutes; or
(ii) a period or periods aggregating more than five minutes in any one
hour.
(3) A motor carrier of a school bus, school pupil activity bus, youth
bus, or general public paratransit vehicle must ensure that:
(A) the bus or vehicle driver, upon employment and at least once per
year thereafter, is informed of the requirements in (c)(1), and of the con-
sequences, under this section and the motor carrier's terms of employ-
ment, of not complying with those requirements;
(B) all complaints of non-compliance with, and enforcement actions
related to, the requirements of (c)(1) are reviewed and remedial action is
taken as necessary; and
(C) records of (3)(A) and (B) are kept for at least three years and made
available or accessible to enforcement personnel as defined in subsection
(g) within three business days of their request.
(4) A motor carrier of a transit bus or of a commercial motor vehicle
not identified in (c)(1) must ensure that:
(A) the bus or vehicle driver, upon employment and at least once per
year thereafter, is informed of the requirements in (c)(2), and of the con-
sequences, under this section and the motor carrier's terms of employ-
ment, of not complying with those requirements;
(B) all complaints of non-compliance with, and enforcement actions
related to, the requirements of (c)(2) are reviewed and remedial action is
taken as necessary; and
(C) records of (4)(A) and (B) are kept for at least three years and made
available or accessible to enforcement personnel as defined in subsection
(g) within three business days of their request.
(d) Exemptions
This section does not apply for the period or periods during which:
(1) idling is necessary while stopped:
(A) for an official traffic control device;
(B) for an official traffic control signal;
(C) for traffic conditions over which the driver has no control, includ-
ing, but not limited to: stopped in a line of traffic; or
(D) at the direction of a peace officer;
(2) idling is necessary to ascertain that the school bus. transit bus,
school pupil activity bus, youth bus, general public paratransit vehicle,
or other commercial motor vehicle is in safe operating condition and
equipped as required by all provisions of law, and all equipment is in
good working order, either as part of the driver' s daily vehicle inspection,
or as otherwise needed;
(3) idling is necessary for testing, servicing, repairing, or diagnostic
purposes;
(4) idling is necessary, for a period not to exceed three to five minutes
(as per the recommendation of the manufacturer), to cool down a turbo-
charged diesel engine before turning the engine off;
(5) idling is necessary to accomplish work for which the vehicle was
designed, other than transporting passengers, for example:
(A) collection of solid waste or recyclable material by an entity autho-
rized by contract, license, or permit by a school or local government;
(B) controlling cargo temperature; or
(C) operating a lift, crane, pump, drill, hoist, mixer, or other auxiliary
equipment other than a heater or air conditioner;
(6) idling is necessary to operate:
(A) a lift or other piece of equipment designed to ensure safe loading,
unloading, or transport of persons with one or more disabilities; or
(B) a heater or an air conditioner of a bus or vehicle that has, or will
have, one or more children with exceptional needs aboard;
(7) idling is necessary to operate defrosters, heaters, air conditioners,
or other equipment to ensure the safety or health of the driver or passen-
gers, or as otherwise required by federal or State motor carrier safety reg-
ulations; or
(8) idling is necessary solely to recharge a battery or other energy stor-
age unit of a hybrid electric bus or vehicle.
(e) Relationship to Other Law
Nothing in this section allows idling in excess of other applicable law,
including, but not limited to:
(1) Title 13 California Code of Regulations Section 1226;
(2) Vehicle Code Section 22515; or
(3) any local ordinance or requirement as stringent as, or more strin-
gent than, this section.
(f) Penalties
(1) For each violation of subsection (c)(1), a driver of a school bus,
school pupil activity bus, youth bus, or general public paratransit vehicle
is subject to a minimum civil penalty of 1 00 dollars and to criminal penal-
ties to the maximum extent provided by law.
(2) For each violation of subsection (c)(2), a driver of a transit bus or
other commercial motor vehicle is subject to a minimum civil penalty of
100 dollars and to criminal penalties to the maximum extent provided by
law.
(3) For each violation of subsection (c)(3), a motor carrier of a school
bus, school pupil activity bus, youth bus, or general public paratransit ve-
Page 310.24
Register 2006, No. 48; 12-1-2006
Title 13
Air Resources Board
§2485
hide is subject to a minimum civil penalty of J 00 dollars and to criminal
penalties to the maximum extent provided by law.
(4) For each violation of subsection (c)(4), a motor carrier of a transit
bus or other commercial motor vehicle is subject to a minimum civil pen-
alty of 100 dollars and to criminal penalties to the maximum extent pro-
vided by law.
(g) Enforcement. This section may be enforced by the Air Resources
Board, peace officers as defined in California Penal Code, title 3, chapter
4.5, Sections 830 et seq. and their respective law enforcement agencies'
authorized representatives, and air pollution control or air quality man-
agement districts.
(h) Definitions.
The following terms are defined for the purposes of this section:
(1) Children With Exceptional Needs. "Children with exceptional
needs" means children meeting eligibility criteria described in Education
Code Section 56026.
(2) Commercial Motor Vehicle. "Commercial Motor Vehicle" means
any vehicle or combination of vehicles defined in Vehicle Code Section
15210(b) and any other motortruck with a gross vehicle weight rating of
10,001 pounds or more, with the following exceptions:
(A) a zero emission vehicle; or
(B) a pickup truck defined in Vehicle Code Section 471.
(3) Driver. "Driver" means any person who drives or is in actual physi-
cal control of a vehicle.
(4) General Public Paratransit Vehicle. "General public paratransit ve-
hicle" means any motor vehicle defined in Vehicle Code Section 336,
other than a zero emission general public paratransit vehicle, that is trans-
porting school pupils at or below the 12th grade level to or from public
or private schools or public or private school activities.
(5) Gross Vehicle Weight Rating. "Gross vehicle weight rating"
means the weight specified by the manufacturer as the loaded weight of
a single vehicle.
(6) Hybrid Electric Bus or Vehicle. "Hybrid electric bus or vehicle"
means any school bus, transit bus, school pupil activity bus, youth bus,
general public paratransit vehicle, or other commercial motor vehicle
equipped with at least the following two sources of motive energy on
board:
(A) an electric drive motor that must be used to partially or fully drive
the bus or vehicle wheels; and
(B) one of the following:
(i) an internal combustion engine;
(ii) a turbine; or
(iii) a fuel cell.
(7) Idling. "Idling" means the engine is running while the bus or ve-
hicle is stationary.
(8) Motor Carrier. "Motor carrier" means the registered owner, lessee,
licensee, school district superintendent, or bailee of any school bus, tran-
sit bus, school pupil activity bus, youth bus, general public paratransit ve-
hicle, or other commercial motor vehicle who operates or directs the op-
eration of any such bus or vehicle on either a for-hire or not-for-hire
basis.
(9) Motor Truck. "Motor truck" or "motortruck" means a motor ve-
hicle designed, used, or maintained primarily for the transportation of
property.
(10) Official Traffic Control Device. "Official traffic control device"
means any sign, signal, marking or device, consistent with Section 21400
of the Vehicle Code, placed or erected by authority of a public body or
official having jurisdiction, for the purpose of regulating, warning, or
guiding traffic, but does not include islands, curbs, traffic barriers, speed
humps, speed bumps, or other roadway design features.
(11) Official Traffic Control Signal. "Official traffic control signal"
means any device, whether manually, electrically, or mechanically oper-
ated, by which traffic is alternately directed to stop and proceed and
which is erected by authority of a public body or official having jurisdic-
tion.
(1 2) School. "School" means any public or private school used for the
purposes of education and instruction of more than 12 school pupils at
or below the 12th grade level, but does not include any private school in
which education and instruction is primarily conducted in private homes.
The term includes any building or structure, playground, athletic field,
or other area of school property. The term excludes unimproved school
property.
(13) School Bus. "School bus" means any school bus defined in Ve-
hicle Code Section 545, except a zero emission school bus.
( 1 4) School Pupil Activity Bus. "School pupil activity bus" means any
bus defined in Section 546 of the Vehicle Code, except a zero emission
school pupil activity bus.
( 1 5) Transit Bus. "Transit bus" means any bus defined in Vehicle Code
Section 642, except a zero emission transit bus.
(16) Youth Bus. "Youth bus" means any bus defined in Vehicle Code
Section 680, except a zero emission youth bus.
(17) Zero Emission School Bus, Transit Bus, School Pupil Activity
Bus, Youth Bus, General Public Paratransit Vehicle, or Other Commer-
cial Motor Vehicle. A "zero emission school bus, transit bus, school pupil
activity bus, youth bus, general public paratransit vehicle, or other com-
mercial motor vehicle" means any bus or vehicle certified to zero-emis-
sion standards.
NOTE: Authority cited: Sections 39600, 39601, 39658, 39667 and 39674, Health
and Safety Code; and Western Oil & Gas Assn. v. Orange County Air Pollution
Control Dist. (1975) [14 Cal.3d.411]. Reference: Sections 39002,' 39003, 39027,
39500. 39600. 39650, 39655, 39656, 39657, 39658, 39659, 39662, 39665, 39674,
39675 and 42403.5, Health and Safety Code; and Section 27153, Vehicle Code.
History
1. New chapter 10. article 1 (section 2480) and section filed 6-16-2003: operative
7-16-2003 (Register 2003, No. 25).
§ 2485. Airborne Toxic Control Measure to Limit
Diesel-Fueled Commercial Motor Vehicle
Idling.
(a) Purpose. The purpose of this airborne toxic control measure is to
reduce public exposure to diesel particulate matter and other air contami-
nants by limiting the idling of diesel-fueled commercial motor vehicles.
(b) Applicability. This section applies to diesel-fueled commercial
motor vehicles that operate in the State of California with gross vehicular
weight ratings of greater than 10,000 pounds that are or must be licensed
for operation on highways. This specifically includes:
(1) California-based vehicles; and
(2) Non-California-based vehicles.
(c) Requirements.
(1) Idling Restriction. On or after February 1, 2005, the driver of any
vehicle subject to this section shall comply with the following require-
ments, except as noted in subsection (d) below:
(A) the driver shall not idle the vehicle's primary diesel engine for
greater than 5.0 minutes at any location.
(B) the driver shall not operate a diesel-fueled auxiliary power system
(APS) to power a heater, air conditioner, or any ancillary equipment on
that vehicle during sleeping or resting in a sleeper berth for greater than
5.0 minutes at any location when within 100 feet of a restricted area.
(2) Use of Alternative Technologies.
(A) On or after January 1 , 2008, the driver shall not operate an internal
combustion APS on any vehicle equipped with a 2007 and subsequent
model year primary diesel engine unless the vehicle is:
1 . equipped with an APS meeting the emissions performance require-
ments found in subsection (c)(3)(A), below; and
2. the vehicle is equipped with a label meeting the requirements pur-
suant to section 35.B.4 of the "California Exhaust Emission Standards
and Test Procedures for 2004 and Subsequent Model Heavy-Duty Diesel
Engines and Vehicles," as incorporated by reference in title 13, CCR,
section 1956.8(b).
(B) On or after January 1 , 2008, the driver shall not operate a fuel-fired
heater on any vehicle equipped with a 2007 and subsequent model year
Page 310.25
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§2485
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
primary diesel engine unless the fuel-fired heater meets the emissions
performance requirements found in subsection (c)(3)(B), below;
(C) On or after January 1 , 2008, the driver of a vehicle equipped with
a 2006 or older model year primary diesel engine may use and operate
in California any certified internal combustion APS with or without the
additional PM control specified in subsection (c)(3)(A)!. or any other
certified alternative idling reduction technology.
(3) Compliance Requirements. As an alternative to idling the primary
engine, diesel engines/vehicles may, as an option, be equipped with alter-
native technologies, as listed and defined below in (A), (B), and (C) of
this subsection. If so equipped, these technologies are subject to the fol-
lowing requirements:
(A) Internal Combustion APS.
1. In order to operate in California, an APS utilizing an internal com-
bustion engine must comply with applicable California off-road and/or
federal non-road emission standards and test procedures for its fuel type
and power category. In addition, diesel-fueled APSs installed on ve-
hicles equipped with primary engines certified to the 2007 and subse-
quent model year heavy-duty diesel engine standards, pursuant to sec-
tion 1956.8(a)(2)(A) of title 13, CCR, shall either,
a. be equipped with a verified Level 3 in-use strategy for particulate
matter control (see title 13, CCR, sections 2700 to 2710), or
b. have its exhaust routed directly into the vehicle's exhaust pipe, up-
stream of the diesel particulate matter aftertreatment device.
2. With advance Executive Officer approval, a certifying/verifying
APS manufacturer may petition for an alternate compliance strategy oth-
er than described in (A)l . a. or b. in this subsection above. However, this
provision is limited to manufacturers that can demonstrate, to the satis-
faction of the Executive Officer, that their alternative strategy is equiva-
lent (or "cleaner"), from an emissions standpoint, compared to the re-
quirement described in (A)l.a. or b. in this subsection above. As an
example, strategies that can use the available electric power infrastruc-
ture, instead of solely operating a diesel-fueled APS for engine and/or
cab heating and cooling, may be able to use such a strategy to demon-
strate compliance with these requirements.
(B) Fuel-Fired Heaters. Fuel-fired heaters must comply with the ap-
plicable California emission standards and test procedures as specified
in the Low Emission Vehicle program requirements found in title 13,
CCR, subsections 1 961 (a)( 1 5) and*(d), or in Part I.E. 1 . 1 3 of the "Califor-
nia Exhaust Emission Standards and Test Procedures for 2001 and Sub-
sequent Model Passenger Cars, Light-Duty Trucks and Medium-Duty
Vehicles," as incorporated by reference in title 13, CCR, section 1961(d).
However, the specified requirement that limits fuel-fired heaters from
being operated above 40°F does not apply.
(C) Other Idle Reduction Technologies. Other technologies that will
reduce idling emissions may also be used, including the use of batteries,
fuel cells, power inverter/chargers for on-shore electrical power, on-
shore electric power infrastructure also known as truck stop electrifica-
tion, and other technologies that produce minimal or no emissions. With
the exception of battery and fuel cell powered APSs, power inverter/
chargers, and electric power infrastructure, the use of other technologies
are subject to advance Executive Officer approval and must be at least
as effective in reducing idling emissions as the technologies described in
subsections (c)(3)(A), above, or the NOx idling emission standard speci-
fied in title 13, CCR, section 1956.8(a)(6)(C). The Executive Officer
shall use good engineering judgment and test data to determine if an idle
reduction technology provides idling emission controls equivalent to the
standards specified in subsection (c)(3)(A) above, or in title 13, CCR,
section 1956.8(a)(6)(C).
(D) Labeling Requirements. 2007 and subsequent model year com-
mercial diesel vehicles equipped with an internal combustion APS meet-
ing the requirements specified in subsection (c)(3)(A) shall have a label
affixed to the hood of the vehicle to allow operation of the APS in Califor-
nia. The labels shall meet the requirements specified in section 35.B.4 of
the "California Exhaust Emission Standards and Test Procedures for
2004 and Subsequent Model Heavy-Duty Diesel Engines and Vehicles,"
as incorporated by reference in title 13, CCR, section 1956.8(b).
(d) Exceptions.
(1 ) Except when a vehicle is located within 1 00 feet of a restricted area,
subsection (c)(1)(A) does not apply, if the vehicle is equipped with
(A) a primary diesel engine meeting the optional NOx idling emission
standard pursuant to title 13, CCR, section 1956.8(a)(6)(C); and
(B) a label meeting the requirements pursuant to section 35.B.4 of the
"California Exhaust Emission Standards and Test Procedures for 2004
and Subsequent Model Heavy-Duty Diesel Engines and Vehicles," as
incorporated by reference in title 13, CCR, section 1956.8(b).
(2) Subsection (c)(1) does not apply for the period or periods during
which
(A) a bus is idling for
1. up to 10.0 minutes prior to passenger boarding, or
2. when passengers are onboard;
(B) prior to January 1 , 2008, idling of the primary diesel-engine is nec-
essary to power a heater, air conditioner, or any ancillary equipment dur-
ing sleeping or resting in a sleeper berth. This provision does not apply
when operating within 100 feet of a restricted area;
(C) idling when the vehicle must remain motionless due to traffic
conditions, an official traffic control device, or an official traffic control
signal over which the driver has no control, or at the direction of a peace
officer, or operating a diesel-fueled APS or other device at the direction
of a peace officer;
(D) idling when the vehicle is queuing that at all times is beyond 100
feet from any restricted area;
(E) idling of the primary diesel engine, operating a diesel-fueled APS,
or operating other devices when forced to remain motionless due to im-
mediate adverse weather conditions affecting the safe operation of the
vehicle or due to mechanical difficulties over which the driver has no
control;
(F) idling to verify that the vehicle is in safe operating condition as re-
quired by law and that all equipment is in good working order, either as
part of a daily vehicle inspection or as otherwise needed, provided that
such engine idling is mandatory for such verification;
(G) idling of the primary diesel engine, operating a diesel-fueled APS,
or operating other devices is mandatory for testing, servicing, repairing,
or diagnostic purposes, including regeneration or maintenance of the ex-
haust emission control device during engine idling when the dashboard
indicator light, if so equipped, is illuminated indicating that regeneration
or maintenance is in progress;
(H) idling when positioning or providing a power source for equip-
ment or operations, other than transporting passengers or propulsion,
which involve a power take off or equivalent mechanism and is powered
by the primary engine for:
1. controlling cargo temperature, operating a lift, crane, pump, drill,
hoist, mixer (such as a ready mix concrete truck), or other auxiliary
equipment;
2. providing mechanical extension to perform work functions for
which the vehicle was designed and where substitute alternate means to
idling are not reasonably available; or
3. collection of solid waste or recyclable material by an entity autho-
rized by contract, license, or permit by a school or local government;
(I) idling of the primary diesel engine, operating a diesel-fueled APS,
or operating other devices when operating defrosters, heaters, air condi-
tioners, or other equipment solely to prevent a safety or health emergen-
cy;
(J) idling of the primary diesel engine, operating a diesel-fueled APS,
or operating other devices by authorized emergency vehicles while in the
course of providing services for which the vehicle is designed;
(K) idling of military tactical vehicles during periods of training, test-
ing, and deployment; and
(L) idling when operating equipment such as a wheelchair or people
assist lift as prescribed by the Americans with Disabilities Act.
Page 310.26
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Title 13
Air Resources Board
§2500
(e) Relationship to Other Law.
Nothing in this section allows idling in violation of other applicable
law, including, but not limited to:
(1) California Vehicle Code Section 22515;
(2) Title 13, Section 2480. California Code of Regulations;
(3) California Health and Safety Code Section 40720; or
(4) any applicable ordinance, rule, or requirement as stringent as, or
more stringent than, this section.
(f) Enforcement. This section may be enforced by the Air Resources
Board; peace officers as defined in California Penal Code, title 3, chapter
4.5, Sections 830 et seq. and their respective law enforcement agencies'
authorized representatives; and air pollution control or air quality man-
agement districts.
(g) Penalties. For violations of subsection (c)(1), (c)(2) or (c)(3), the
driver of a subject vehicle is subject to a minimum civil penalty of 300
dollars and to criminal penalties as specified in the Health and Safety
Code and the Vehicle Code.
(h) Definitions.
The following definitions apply to this section:
(1) "Authorized emergency vehicle" is as defined in Vehicle Code
Section 165.
(2) "Auxiliary power system" or "APS" means any device that is per-
manently dedicated to the vehicle on which it is installed and provides
electrical, mechanical, or thermal energy to the primary diesel engine,
truck cab and/or sleeper berth, bus's passenger compartment or any other
commercial vehicle's cab, as an alternative to idling the primary diesel
engine.
(3) "Bus" means any vehicle defined in Title 13, California Code of
Regulations, Section 2480, subsections (h) (13)— (16), inclusive or as de-
fined in the Vehicle Code Section 233.
(4) "Commercial Motor Vehicle" means any vehicle or combination
of vehicles defined in Vehicle Code Section 1 521 0(b) and any other mo-
tor truck or bus with a gross vehicle weight rating of 10,001 pounds or
more, except the following:
(A) a zero emission vehicle; or
(B) a pickup truck as defined in Vehicle Code Section 471.
(5) "Driver" is as defined in Vehicle Code Section 305.
(6) "Fuel-fired heater" means a fuel burning device that creates heat
for the purpose of (1) warming the cab or sleeper berth compartment of
a vehicle or (2) warming the engine oil and/or coolant for easy start-up
of the vehicle's engine but does not contribute to the propulsion of the
vehicle.
(7) "Gross vehicle weight rating" is as defined in Vehicle Code Sec-
tion 350.
(8) "Highway" is as defined in Vehicle Code Section 360.
(9) "Idling" means the vehicle engine is running at any location while
the vehicle is stationary.
(10) "Motor truck" or "motortruck" means a motor vehicle designed,
used, or maintained primarily for the transportation of property.
(11) "Official traffic control device" is as defined in Vehicle Code
Section 440.
(12) "Official traffic control signal" is as defined in Vehicle Code Sec-
tion 445.
(13) "Owner" is as defined in Vehicle Code Section 460.
(14) "Primary diesel engine" means the diesel-fueled engine used for
vehicle propulsion.
(15) "Queuing" means (A) through (C)
(A) the intermittent starting and stopping of a vehicle;
(B) while the driver, in the normal course of doing business, is waiting
to perform work or a service; and
(C) when shutting the vehicle engine off would impede the progress
of the queue and is not practicable.
(D) Queuing does not include the time a driver may wait motionless
in line in anticipation of the start of a workday or opening of a location
where work or a service will be performed.
(1 6) "Restricted area" means any real property zoned for individual or
multifamily housing units that has one or more of such units on it.
(17) "Safety or health emergency" means:
(A) a sudden, urgent, or usually unforeseen, occurrence; or
(B) a foreseeable occurrence relative to a medical or physiological
condition.
( 1 8) "Sleeper berth" is as defined in Title 1 3, California Code of Regu-
lations, Section 1265.
(19) "Vehicle" is as defined in the Vehicle Code Section 670.
NOTE: Authority cited: Sections 39600, 39601, 39614(b)(6)(A), 39658, 39667,
43000.5(d), 430 1 3(b), 4301 3(h), 4301 8(b) and 4301 8(c), Health and Safety Code;
and Western Oil & Gas Assn. v. Orange County Air Pollution Control Dist. (1975),
14 Cal. 3d. 41 1. Reference: Sections 39002, 39003, 39027, 39500, 39600, 39650,
39655, 39656, 39657, 39658, 39659, 39662, 39665, 39674, 39675, 42400,
42400.1, 42400.2, 42400.3, 42402, 42402.1, 42402.2, 42402.3, 42403.5, 42410,
43013, 43018 and 43704, Health and Safety Code; Sections 305, 336, 350, 440,
445, 545. 546, 642, 680, 2 1 400, 22452, 225 1 5, 27153, 40001 and 40001 (b)(5), Ve-
hicle Code; and Sections 1201, 1900, 1962 and 2480, Title 13, California Code of
Regulations.
History
1. New section filed 1-27-2005; operative 2-1-2005 pursuant to Government
Code section 1 1343.4 (Register 2005, No. 4).
2. Amendment filed 10-16-2006; operative 1 1-15-2006 (Register 2006, No. 42).
3. Change without regulatory effect amending subsection (g) and Note filed
3-4-2008 pursuant to section 1 00, title I , California Code of Regulations (Reg-
ister 2008, No. 10).
Chapter 12. Halogenated Refrigerants
§ 2500. Phase-Out of CFC Refrigerants in New Motor
Vehicle Air Conditioning Systems for Model
Years 1993 and Subsequent.
(a) Applicability
This section is applicable to all new 1993 and subsequent model year
motor vehicles which are sold, supplied, or offered for sale in California
on or after January 1, 1993, and which are either (1) certified pursuant to
article 2 (commencing with section 1950) or article 7 (commencing with
section 2047) of Chapter 1 , Division 3, Title 13, California Code of Regu-
lations; or (2) federally certified vehicles which are sold in California
pursuant to Health and Safety Code Section 43102; or (3) heavy-duty
diesel-powered motor vehicles, with the exception of such vehicles
which are classified as "off-road vehicles" as defined in section
2421(a)(19) of Chapter 1 1, Division 3, Title 13, California Code of Regu-
lations.
(b) Definitions
The definitions of this section supplement and are governed by the def-
initions set forth in Chapter 2 (commencing with section 39010), Part 1,
Division 26 of the Health and Safety Code. The following definitions
shall also govern the provisions of this section:
(1) "Authorized dealership" means any dealership to which a
manufacturer supplies new motor vehicles for the purpose of reselling
such vehicles to the ultimate purchaser.
(2) "Authorized supplier" means any person supplying, to a manufac-
turer's authorized dealership, air conditioning systems which may be in-
stalled in a new motor vehicle under warranty from the manufacturer.
(3) "Calendar quarter" means any of those three-month periods of
time which start on the first days of January, April, July, and October.
(4) "CFC refrigerants" means any of the compounds commonly
known as Chlorofluorocarbon-1 1 (CFC-11 or trichlorofluoromethane)
or Chlorofluorocarbon-1 2 (CFC-12 or dichlorodifluoromethane).
(5) "Dealership" shall have the same meaning as the term "dealer", as
defined in section 285 of the Vehicle Code.
(6) "Executive Officer" means the Executive Officer of the Air Re-
sources Board, or his or her delegate.
(7) "Factory-installed" means installed at a manufacturer's motor ve-
hicle production facility or port-of-entry facility.
Page 310.27
Register 2008, No. 10; 3-7-2008
§2500
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(8) "Incomplete vehicle" means any vehicle which does not have the
primary load carrying device or container attached by the original
manufacturer.
(9) "Manufacturer" means any person engaged in the production of
new motor vehicles from raw materials or new basic components, in or-
der to sell such vehicles for money or other thing of value. Except as
noted below, for a vehicle which is produced by one manufacturer and
sold to a dealership or the ultimate purchaser by another manufacturer,
the manufacturer for whom the requirements of this section are applica-
ble shall be the manufacturer who sells, supplies, or offers the vehicle for
sale to the dealership or the ultimate purchaser.
For incomplete vehicles only, the manufacturer for whom the require-
ments of this section are applicable shall be the initial manufacturer who
predetermines the type of air conditioning system, if the air conditioning
system that is ultimately installed is the same as the predetermined sys-
tem. If the air conditioning system that is ultimately installed is not the
same as the predetermined system, the manufacturer for whom the re-
quirements of this section are applicable shall be the manufacturer who
ultimately installs the air conditioning system. For the purposes of this
section, "predetermine" means to either (1) manufacture or physically
configure the vehicle in such a way, or (2) partially install the compres-
sor, condenser, or other air conditioning components in such a way, that
the specific configuration or installation is compatible with an air condi-
tioning system that uses only one particular type of refrigerant.
( 1 0) "Motor vehicle," as used in this section 2500, means those catego-
ries of motor vehicles that are specified in subsection (a).
(11) "Port-of-entry facility" means a facility at which a manufactur-
er's vehicles first arrive in the United States, and at which vehicles origi-
nally produced without vehicle air-conditioning systems may have such
systems installed.
(12) "Small-volume manufacturer" means any manufacturer which
sells less than 3000 new motor vehicles in California during the applica-
ble model-year.
(13) "Vehicle air-conditioner" means any mechanical vapor compres-
sion refrigeration equipment used to cool the driver's or passenger com-
partment of any motor vehicle. "Vehicle air-conditioning system" has
the same meaning as "vehicle air-conditioner."
(c) Percentage of Air-Conditioner-Equipped New Motor Vehicles
Which May Use CFC Refrigerants for Vehicle Air Conditioning.
(1) Unless an applicable exemption has been granted pursuant to sub-
section (e), each manufacturer's percentage of air-conditioner equipped
new motor vehicles that are sold, supplied, or offered for sale in Califor-
nia, and use or contain any CFC refrigerant for air-conditioning, shall not
exceed the following percentages for the specified model years during
the specified time periods:
Maximum Vehicle
Model Year
Time Period
Percentage
1993 and 1994
January 1, 1993-
December31, 1993
90*
1994 and 1995
January 1. 1994-
Decem"ber31. 1994
75*
1995
September 1, 1994-
December31, 1994
10
:|These requirements shall not apply to small volume manufacturers.
Compliance with the "maximum vehicle percentage" requirements
shall be determined as set forth in subsections (d)(3) and (d)(4).
(2) Effective January 1, 1995, no person shall sell, supply, or offer for
sale in California any new 1995 or later model-year motor vehicle using
any CFC refrigerant for vehicle air conditioning.
(3) Unless an applicable exemption has been granted pursuant to sub-
section (e), any person who fails to meet the requirements of subsections
(c)(1) or (c)(2) shall be subject to the civil penalties specified in Health
and Safety Code section 44474. For the purposes of Health and Safety
Code section 44474:
(A) Any cause of action against a manufacturer under subsection (c)
shall be deemed to accrue on the date(s) when the records required pur-
suant to subsection (d)(4) are submitted by a manufacturer to the Execu-
tive Officer, and
(B) A separate "incident" of violation shall be deemed to have oc-
curred: 1. for each new motor vehicle which is sold, supplied, or offered
for sale in California in excess of the allowable percentages specified in
subsection (c)(1); or 2. for each new motor vehicle which is sold,
supplied, or offered for sale in violation of subsection (c)(2); or 3. for
each day in which a manufacturer fails to submit any required report by
the time deadlines specified in subsection (d).
(d) Reporting Requirements and Compliance Determination
(1) No later than 30 days prior to the start of each calendar year, each
manufacturer shall submit to the Executive Officer a good faith statement
describing whether, during the following calendar year, compliance with
the phase-out percentages specified in subsection (c)(1) will be
achieved, or whether an exemption will be applied for.
(2) Commencing with the calendar quarter which begins on January
1 , 1993, each manufacturer shall submit to the Executive Officer a quar-
terly report within 45 days of the end of each calendar quarter. Each quar-
terly report shall list the number and the model year of all air-
[The next page is 311.
Page 310.28
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Title 13
Air Resources Board
§2601
•
conditioned-equipped new motor vehicles produced and delivered for
sale in California by the manufacturer during the immediately preceding
quarterly period, and the number and percentages of these vehicles using
factory-installed CFC and non-CFC vehicle air-conditioning systems.
For 1995 model-year vehicles only, the quarterly report for the period
October-December 1 994 shall also include the above information for the
period September-December 1994.
(3) Commencing with the 1993 calendar year, each manufacturer shall
submit to the Executive Officer an annual report within 45 days of the end
of each calendar year. Each annual report shall list the number and model
year of all air-conditioner-equipped new motor vehicles produced and
delivered for sale in California by the manufacturer during the immedi-
ately preceding calendar year. Each annual report shall also include the
number and percentage of these vehicles using factory-installed CFC
air-conditioning systems (Fa) and factory-installed non-CFC air-condi-
tioning systems (Ft,). Each report shall also include the percentage of the
manufacturer's total production of new motor vehicles produced and de-
livered for sale in California with factory-installed vehicle air-condi-
tioning systems during the immediately preceding calendar year (CY]),
and during each of the calendar years prior to the immediately preceding
calendar year (CY2, CY3, and CY4).
Provided that the quantity CY] is greater than or equal to 0.95 times
the average of CY?, CY3, and CY4, then (A) compliance with the "maxi-
mum vehicle percentage" requirements of subsection (c)(1) for each
model year during the applicable time period shall be determined by
comparison of Fa with the applicable "'maximum vehicle percentage" re-
quirements, and (B) the manufacturer shall not be subject to the provi-
sions set forth in subsection (d)(4).
(4) If thequantity CYi is less than 0.95 times the average of CY2, CY3,
and CY4, the manufacturer shall supplement the information contained
in the annual report within 60 days of submitting the report to the Execu-
tive Officer. The supplemental information shall detail the number and
model year of new motor vehicles sold to the ultimate purchaser: (A)
without air-conditioning, (B) with non-CFC manufacturer-warranted
vehicle air-conditioner systems installed by the manufacturer's autho-
rized dealerships, and (C) with CFC manufacturer-warranted vehicle
air-conditioner systems installed by the manufacturer's authorized deal-
erships. The supplemental information shall then be used to determine
the "actual percentage" of a manufacturer's air-conditioned-equipped
new motor vehicles, sold during the applicable time periods, that use or
contain CFC refrigerants. Compliance with the "maximum vehicle per-
centage" requirements of subsection (c)(1) shall be based on a compari-
son of this "actual percentage" with the applicable "maximum vehicle
percentage" requirement.
(5) The reporting requirements of this subsection (d) shall cease to ap-
ply for any manufacturer that has submitted an annual report demonstrat-
ing that no new motor vehicles equipped with CFC- refrigerant air-con-
ditioning systems were produced and delivered for sale by the
manufacturer in California.
(6) Notwithstanding the provisions of subsections (d)(1) and (d)(2),
small volume manufacturers shall not be required to (A) submit any quar-
terly reports for the time period from January 1, 1993, to August 31,
1994, or (B) submit annual reports for the 1993 or 1994 calendar years.
(e) Exemptions
(1) Any manufacturer who cannot comply with the requirements set
forth in subsection (c) may apply in writing to the Executive Officer for
an exemption. The exemption application form shall set forth:
(A) the specific grounds upon which the exemption is sought;
(B) the proposed date(s) by which compliance with the provisions of
subsection (c) will be achieved; and
(C) a plan reasonably detailing the method(s) by which compliance
will be achieved.
(2) Within 90 days of receipt of an exemption application containing
the information required in subsection (e)(1), the Executive Officer shall
determine whether, under what conditions, and to what extent, an exemp-
tion from the requirements of subsection (c) is necessary and will be per-
mitted.
(3) No exemption shall be granted unless all of the following findings
are made:
(A) that, because alternatives to CFC refrigerants are not yet available
or in sufficient supply, or because a manufacturer requires additional
time to redesign and produce vehicle air conditioning systems, requiring
compliance with subsection (c) would result in a severe economic hard-
ship;
(B) that the compliance plan proposed by the manufacturer can rea-
sonably be implemented and will achieve compliance as expeditiously
as possible.
(4) The exemption order shall specify a final compliance date by
which the requirements of subsection (c) will be achieved. Any exemp-
tion order may contain a condition which specifies increments of prog-
ress necessary to assure timely compliance, and such other conditions as
the Executive Officer finds necessary to carry out the purposes of Health
and Safety Code sections 44470-44474. No exemption shall allow an ex-
tension of more than two years for any of the time deadlines specified in
subsection (c).
(5) An exemption shall cease to be effective upon failure of the party
to whom the exemption was granted to substantially comply with any
condition specified in the exemption order.
(6) The Executive Officer may review, and for good cause, modify or
revoke an exemption as is necessary to assure that the purposes of Health
and Safety Code Sections 44470-44474 are met. The Executive Office
shall not revoke or modify an exemption without first affording the man-
ufacturer an opportunity for a hearing in accordance with the procedures
specified in Title 1 7, California Code of Regulations, Division 3, Chapter
1 , Subchapter 1 , Article 4 (commencing with section 60040), to deter-
mine if the exemption should be modified or revoked.
NOTE: Authority cited: Sections 39600, 39601 and 44473, Health and Safety
Code. Reference: Sections 39002, 39003 and 44470-44474, Health and Safety
Code; and Section 338(k), Code of Civil Procedure.
History
1 . New chapter 12 and section filed 6-3-93; operative 7-5-93 (Register 93, No.
23).
Chapter 13. Voluntary Accelerated Vehicle
Retirement Enterprises
Article 1 . Voluntary Accelerated Light-Duty
Vehicle Retirement Enterprises
§ 2600. Purpose.
(a) The provisions of this article apply to the generation of emission
reduction credits through the accelerated retirement of light-duty on-
road motor vehicles, including passenger cars and light-duty trucks.
(b) Within five years from the effective date of adoption or date of im-
plementation, whichever comes later, the Air Resources Board, in con-
sultation with the Secretary for Environmental Protection, shall review
the provisions of this chapter to determine whether it should be retained,
revised or repealed.
NOTE: Authority cited: Sections 39600, 39601 and 44101, Health and Safety
Code. Reference: Sections 39002, 39003, 43000, 4301 3, 441 00 and 441 01 , Health
and Safety Code.
History
1. New chapter 13, article 1 (sections 2600-26 10 and appendix A) and section filed
12-8-99; operative 1-7-2000 (Register 99, No. 50).
§2601. Definitions.
(a) "CO" means carbon monoxide, as emitted in vehicle exhaust.
(b) "Collector-interest vehicle" means any vehicle purchased by a col-
lector or enthusiast primarily for its historic or esthetic value, rather than
primarily as a means of transportation.
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BARCLAYS CALIFORNIA CODE OF REGULATIONS
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(c) "Day" means any week or weekend day including all holidays.
(d) "Dismantle" means to punch, crush, stamp, hammer, shred, or
otherwise render permanently and irreversibly incapable of functioning
as originally intended, any vehicle or vehicle part.
(e) "Dismantler" means the person or business, defined and licensed
according to the requirements of California Vehicle Code §220, §221,
§ 1 1 500, et seq., and other business codes and the regulations of the De-
partment of Motor Vehicles (DMV), who dismantles or otherwise re-
moves from service those vehicles obtained as part of a Voluntary Accel-
erated Vehicle Retirement (VAVR) enterprise.
(f) "District" means a local air quality management district or air
pollution control district, as defined by California Health and Safety
Code, Part 3, Section 40000 et seq., that has responsibility for administer-
ing VAVR enterprises within its jurisdiction.
(g) "Drive train parts" means all parts associated with the drive train
such as engine, drive mechanism, transmission, differential, axles, and
brakes.
(h) "Emission reduction credit" means the amount of emission reduc-
tions from the accelerated retirement of vehicles, that can be applied to
the emission reduction obligations of another source or to air quality at-
tainment goals.
(i) "Emissions-related part" means any vehicle part which affects any
regulated emissions from a vehicle that is subject to California or federal
emissions standards and includes, but is not limited to, those parts speci-
fied in the "Emissions-Related Parts List," adopted by the State Board
on November 4, 1977, as last amended June 1. 1990.
(j) "Enterprise operator" means a person, who conducts a voluntary
accelerated vehicle retirement enterprise according to these regulations,
purchases vehicles, arranges for a vehicle's permanent removal from op-
eration, and receives any emission reduction credit generated.
(k) "Executive Officer" means the Executive Officer of the Air Re-
sources Board (ARB).
(/) "High Emitting Vehicle" means a vehicle that is identified as one
that is emitting pollution in excess of emission standards pursuant to Title
16, Division 33, Article 5.5, Section 3340.42 of the California Code of
Regulations.
(m) "NOx" means oxides of nitrogen, NO and N02, measured as
N02, emitted in vehicle exhaust.
(n) "PM" means particulate matter, as emitted in vehicle exhaust.
(o) "Remote sensing device (RSD)" means a device or devices that
measure one or any combination of CO, NOx, and ROG concentrations
in the exhaust of an on-road vehicle through infrared, ultraviolet, or other
ARB-approved technology.
(p) "ROG" means reactive organic gases, as emitted in both vehicle
exhaust and evaporative emissions.
(q) "Smog Check" means the motor vehicle inspection and mainte-
nance program established by California Health and Safety Code Section
44000, et seq.
(r) "Useful life" means the physical condition of a vehicle proposed
for retirement such that the vehicle passes the functional and equipment
eligibility inspections, as defined in Section 2603 of this regulation, and
has passed the last scheduled Smog Check.
(s) "VAVR enterprise" means a privately owned and/or operated busi-
ness by an enterprise operator.
(t) "Voluntary accelerated vehicle retirement" or "VAVR" means a
program in which cash payments or other incentives are offered to a ve-
hicle owner to voluntarily retire their older, more polluting vehicle that
is operational and still has a useful life.
NOTE: Authority cited: Sections 39600, 39601 and 44101, Health and Safety
Code. Reference: Sections 39002, 39003, 43000, 43013, 44081, 44090, 44100,
44101, 44102, 44103, 44105 and 44122, Health and Safety Code.
History
1. New section filed 12-8-99; operative 1-7-2000 (Register 99, No. 50).
2. New subsections (r) and (s) filed 1-3-2003; operative 1-3-2003 pursuant to
Government Code section 1 1343.4 (Register 2003, No. 1).
3. Repealer of subsections (a)-(s) and new subsections (a)-(t) filed 7-13-2007;
operative 8-12-2007 (Register 2007, No. 28).
§ 2602. District Responsibility.
(a) Within six (6) months of the date of adoption of these regulations,
each district allowing the operation of VAVR enterprises shall imple-
ment and enforce these regulations or shall amend existing rules to com-
ply with these regulations.
(b) Each participating district shall, with ARB oversight:
(1) Administer and audit VAVR enterprises;
(2) Administer and monitor the use of credits generated by VAVR en-
terprises operated under these regulations in accordance with all state,
federal, and local laws, rules, and regulations;
(3) Certify or reject the accuracy and validity of any credits generated,
as required; and
(4) Retain the records received according to Section 2609(b) for a peri-
od not less than the life of the related credits.
(c) Each participating district shall verify that any vehicle accepted for
participation in a VAVR enterprise within sixty-one to ninety (61-90)
days of its next required Smog Check inspection has not failed the Smog
Check inspection during this time frame.
(d) District approval to generate emission reduction credits shall be re-
voked if a VAVR enterprise operator demonstrates a recurrent pattern of
accepting vehicles that do not meet the eligibility requirements pursuant
to Section 2603 or if a VAVR enterprise operator violates any part of Sec-
tion 2609(b).
NOTE: Authority cited: Sections 39600, 39601 and 44101, Health and Safety
Code. Reference: Sections 39002, 39003, 43000, 43013, 44100 and 44101 , Health
and Safety Code.
History
1 . New section filed 12-8-99; operative 1-7-2000 (Register 99, No. 50).
2. Amendment of subsection (d) and redesignation of former subsection (f) as sub-
section (e) filed 1-3-2003; operative 1-3-2003 pursuant to Government Code
section 11343.4 (Register 2003, No. 1).
3. Amendment filed 7-13-2007; operative 8-12-2007 (Register 2007, No. 28).
§ 2603. Vehicle Eligibility.
(a) To be eligible for generation of emission reduction credits through
a VAVR enterprise, a vehicle shall meet the following criteria:
(1) It shall be voluntarily sold to the enterprise operator for a price
mutually agreed between the vehicle seller and the enterprise operator;
(2) It shall be currently registered with the DMV as an operable vehicle
and shall have been so registered for at least 24 months prior to the final
date of sale to the VAVR enterprise to an address or addresses within the
district in which the VAVR enterprise is being operated;
(A) Smog Checks must have been performed as required by the DMV
in order for the vehicle to be considered registered;
(B) A vehicle may also be eligible if the owner of the vehicle placed
the vehicle in planned non-operational status per Vehicle Code Section
4604, et seq., for a total of two (2) or fewer months during the continuous
twenty-four (24) months registration period and occurring at least three
(3) months prior to the date of sale to the VAVR enterprise operator;
(C) A vehicle may also be eligible if the registration has lapsed for less
than 181 days during the previous twenty-four (24) months, pursuant to
Health and Safety Code 44094, and all appropriate registration fees and
late penalties have been paid to the DMV, provided that the vehicle is reg-
istered for at least ninety (90) days immediately prior to its date of sale
to a VAVR enterprise operator; and
(D) Determination of an individual vehicle's registration history shall
be based on:
1. Registration data for that vehicle obtained from DMV records and
2. If D.l provides inconclusive results for an individual vehicle, then
copies of the applicable vehicle registration certificates may be used;
(3) It shall be a passenger car or a light-duty truck that includes, but
is not limited to, a pick-up truck, sports utility vehicle (SUV), or van up
to 8,500 pounds gross vehicular weight rating;
(4) It shall not be operating under a Smog Check repair cost waiver or
economic hardship extension;
(5) If a vehicle volunteered for retirement is within sixty (60) days of
its next required Smog Check inspection, the vehicle shall pass the Smog
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•
Check inspection without receiving a repair cost waiver or economic
hardship extension prior to acceptance by a VAVR enterprise operator;
(6) Owners of vehicles requiring Smog Check inspections pursuant to
Section 2603(a)(5) shall be required to submit documentation issued by
a Bureau of Automotive Repair (BAR) licensed Smog Check technician
demonstrating compliance with Section 2603(a)(5) to the person per-
forming the functional and equipment eligibility inspection; and
(7) Vehicles that are tampered, pursuant to Section 3340.41.5 of Title
16, Division 33, Article 5.5 of the California Code of Regulations, shall
not be eligible for acceptance into a VAVR program.
(b) Each vehicle shall pass a functional and equipment eligibility in-
spection performed by the VAVR enterprise operator or other ARB-ap-
proved inspector (inspector), conducted on-site at the VAVR enterprise
location and shall include the following:
(1) The candidate vehicle must have been driven to the inspection site
under its own power. If an inspector has knowledge that a vehicle was
towed or pushed for any portion of the trip to the inspection site, then the
inspector shall not approve the vehicle for eligibility in a VAVR pro-
gram;
(2) The inspector shall inspect the vehicle to ensure it meets the follow-
ing equipment eligibility requirements and shall reject the vehicle for
emission reduction credit generation if the vehicle fails any of these re-
quirements:
(A) All doors shall be present and in place;
(B) The hood shall be present and in place;
(C) The dashboard shall be in place;
(D) Windshield shall be present and in place;
(E) The driver's seat must be present and in place;
(F) Interior pedals shall be operational;
(G) One bumper and all side and/or quarter panels shall be present and
in place;
(H) Vehicle driveability must not be affected by any body, steering,
or suspension damage;
(I) Exhaust system shall be present and in place;
(J) One headlight, one taillight, and one brake light shall be present and
in place;
(K) One side window glass shall be present and in place; and
(L) The requirements of Section 2603(a) regarding Smog Check status
have been met; and
(3) The inspector shall complete the following functional eligibility
inspection and shall reject the vehicle for credit generation if the vehicle
fails to complete the following test: Insert key, vehicle engine shall start
using keyed ignition system. In addition to the keyed ignition switch,
ignition or fuel kill switch may be activated if required to start engine.
The vehicle must start readily through ordinary means without the use of
starting fluids or external booster batteries. The vehicle shall be driven
forward for a minimum of 25 feet under its own power. The vehicle shall
be driven in reverse for a minimum of 25 feet under its own power;
(4) Upon satisfactory completion of the inspection, the inspector shall
issue a certificate of functional and equipment eligibility, as specified in
Appendix A to this Article," Vehicle Functional and Equipment Eligibil-
ity Inspection Form";
(5) Vehicles failing the requirements pursuant to Section 2603(b)(2)
may be retested by the inspector for compliance with these requirements
and issued a certificate of equipment eligibility at any time after modifi-
cations have been made to the vehicle to correct all deficiencies; and
(6) Vehicles failing the requirements pursuant to Section 2603(b)(1)
and (3) may be re-tested by the inspector for compliance with these re-
quirements and issued a certificate of functional eligibility provided in-
operable vehicle odometers are fixed prior to conducting this test, the ve-
hicle has traveled a minimum of 50 miles subsequent to the failure
determination, and the vehicle passes the functional eligibility inspec-
tion.
(c) Districts may adopt vehicle functional and equipment eligibility in-
spection requirements that are more stringent than those specified in Sec-
tion 2603(b) but may not omit or weaken any of the required functional
or equipment tests.
NOTE: Authority cited: Sections 39600, 39601.44094, 44101, 44102. 44106 and
441 07. Health and Safety Code. Reference: Sections 39002, 39003, 43000. 4301 3,
44100. 44101, 44102, 44103 and 44107, Health and Safety Code.
History
1. New section filed 12-8-99; operative 1-7-2000 (Register 99, No. 50).
2. Amendment filed 1-3-2003; operative 1-3-2003 pursuant to Government
Code section 11343.4 (Register 2003. No. 1).
3. Amendment of section and Note filed 7-1 3-2007; operative 8-12-2007 (Reg-
ister 2007, No. 28).
§ 2604. VAVR Enterprise Operator Requirements.
(a) All owners and operators of VAVR enterprises shall comply with
all applicable district rules and these regulations.
(b) The enterprise operator shall either:
(1) Be an auto dismantles licensed according to the requirements of
the California Vehicle Code and other business codes and the regulations
of the DMV, for the purpose of vehicle disposal after purchase or
(2) Have a binding agreement with a duly authorized auto dismantler
for the purpose of vehicle disposal after purchase.
(c) At least thirty (30) days prior to commencing operations as a
VAVR enterprise operation, the operator shall notify the local district, in
writing, of the intent to conduct such operations;
( 1) The notification shall be submitted as specified by the district and
shall contain information demonstrating the ability of the enterprise op-
erator to comply with all provisions of this regulation;
(2) This information shall include, but is not limited to, enterprise op-
erator name and business address, licensed auto dismantler name and
business address, anticipated initiation date and duration of vehicle re-
tirement operation, and time of vehicle intake; and
(3) The auto dismantler shall include a written statement under penalty
of perjury certifying compliance with:
(A) Local water conservation regulations;
(B) State, county, and city energy and hazardous materials response
regulations;
(C) Local water agency soil, surface, and ground water contamination
regulations; and
(D) Any other information requested in applicable district rules.
(d) The local district shall have the right to refuse permission to gener-
ate emission reduction credits through VAVR to any requesting enter-
prise operator deemed by the local district as not meeting the require-
ments of these regulations or any applicable district rules.
(e) The district may assess an application fee to cover the costs of this
approval process.
(f) The enterprise operator shall contract with an ARB-approved in-
spection entity to provide inspector services to perform the vehicle func-
tional and equipment eligibility inspection specified in Section 2603(b)
on-site at VAVR enterprise locations, if the VAVR enterprise operator
is unable to or chooses not to perform this function.
(g) For each vehicle purchased as part of a VAVR enterprise and
whose accelerated retirement creates emission reductions to be used as
the basis for generating emission reduction credits, the enterprise opera-
tor shall:
(1) Verify that the vehicle meets the vehicle registration eligibility re-
quirements of Section 2603(a); and
(2) Obtain from the vehicle owner the certificate of functional and
equipment eligibility issued per Section 2603(b).
(h) At time of final sale of a vehicle to the VAVR enterprise, the enter-
prise operator shall verify that the person delivering the vehicle for sale
is the legal owner or an authorized representative of the legal owner,
properly empowered to complete the sale.
(i) The enterprise operator shall provide to the district, by the 5th day
of each month, a list of all vehicles accepted for participation into a
VAVR enterprise that are within sixty-one to ninety days (61-90) of
their next required Smog Check inspection for the purpose of district
compliance with Section 2602(c). Information to be provided for each
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§2605
BARCLAYS CALIFORNIA CODE OF REGULATIONS
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vehicle includes, but is not limited to, vehicle identification number
(V1N); vehicle license plate number; and vehicle make, model, and mod-
el year.
(j) Violation of any provision of these regulations by any entity con-
tracted to a district to conduct a V AVR enterprise, including falsification
of any information or data, shall constitute a citable violation making the
violator subject to all applicable penalties specified in the California
Health and Safety Code.
(k) Violation of any provision of Section 2603 by a VAVR enterprise
operator or its subcontractors shall result in the issuance of a Notice of
Violation(s).
NOTE: Authority cited: Sections 39600, 39601 and 44101, Health and Safety
Code. Reference: Sections 39002. 39003, 43000, 43013, 44100, 44101, 44102,
44103, 44105, 44107 and 44120, Health and Safety Code.
History
1. New section filed 12-8-99; operative 1-7-2000 (Register 99, No. 50).
2. Repealer of subsections (f)-(f)(4), subsection relettering and amendment of
newly designated subsection (f) filed 1-3-2003; operative 1-3-2003 pursuant
to Government Code section 1 1343.4 (Register 2003, No. 1).
3. Amendment filed 7-13-2007; operative 8-12-2007 (Register 2007, No. 28).
§ 2605. Offering Vehicles to the Public.
(a) There shall be a minimum period of ten (10) days between the day
the VAVR enterprise operator provides a description of a vehicle to the
local district and the day a DM V Registration 42 form (Report to Disman-
tles) is transmitted to the DMV for the vehicle. During this period, if any
person contacts the enterprise operator and indicates an interest in pur-
chasing the vehicle, the enterprise operator shall hold the vehicle for a
minimum of an additional seven (7) days. During this extended waiting
period, the enterprise operator shall arrange for the interested party to ex-
amine the vehicle and, if appropriate, negotiate the sale of the vehicle or
any of its parts. Notwithstanding the foregoing, nothing in this section
places the enterprise operator under any obligation to hold the vehicle for
an interested party that has missed two or more prior appointments to ex-
amine any vehicle, or sell the vehicle or any of its parts if a mutually ac-
ceptable price cannot be negotiated.
(1) The enterprise operator will submit to the local district a descrip-
tion of the vehicle including, at a minimum, the vehicle make, model
year, and first eight characters of the VIN. The district will, in turn, make
this information available to an appropriate segment of the public. The
intent is to allow interested third parties, including car collector enthu-
siasts and those interested in affordable transportation, an opportunity to
examine the car and to negotiate with the enterprise operator the purchase
of the vehicle or any of its parts according to Section 2606.
(2) Entire vehicles and/or parts may be sold prior to entry into the pro-
gram; however, no emission reduction credits shall be granted for any ve-
hicle resold to the public in this manner according to Section 2606.
NOTE: Authority cited: Sections 39600, 39601 and 44101, Health and Safety
Code. Reference: Sections 39002, 39003, 43000, 43013, 44100, 44101, 44102,
44103, 44105, 44107, 44109 and 44120, Health and Safety Code.
History
1. New section filed 12-8-99; operative 1-7-2000 (Register 99, No. 50).
2. Repealer and new section filed 1-3-2003; operative 1-3-2003 pursuant to Gov-
ernment Code section 1 1343.4 (Register 2003, No. 1).
3. Amendment filed 7-13-2007; operative 8-12-2007 (Register 2007, No. 28).
§ 2606. Parts Recycling and Resale.
(a) On vehicles used for the generation of emission reduction credits,
parts recycling and resale is limited to non-emission-related and non-
drive train parts per the List of Emission-Drive Train Related Parts List
shown in Appendix B to Article 1 — Emission/Drive Train-Related
Parts List;
(1) Parts recycling is at the sole discretion of the VAVR enterprise op-
erator, subject to the limitations included herein.
(b) After the ten-day waiting period (and additional seven-days if ap-
pointment for inspection is made) and prior to offering non-emission and
non-drive train parts for resale, the engine, emission-related parts, trans-
mission, and drive train parts must be removed from a vehicle used for
the generation of emission reduction credits and destroyed by the enter-
prise operator, or the enterprise operator's duly contracted dismantler:
(1) For the purpose of this regulation, a part will be considered de-
stroyed when it has been punched, crushed, shredded, or otherwise ren-
dered permanently and irreversibly incapable of functioning as original-
ly intended;
(2) A checklist is provided in Appendix C to Article 1 — Quality Con-
trol Checklist with a list of emission-related and drive train parts;
(3) After all emission-related and drive train parts are removed and de-
stroyed, a quality control inspector (designated by the VAVR enterprise
operator) must perform an inspection of the non-emission-related and
non-drive train parts as well as the vehicle body;
(4) Upon verification by the quality control inspector that no emis-
sion-related parts or drive train parts have been exchanged with the non-
emission-related and non-drive train parts, the quality control inspector
must sign the checklist; and
(5) After the quality control inspector signs the check list, the disman-
tler may place the remaining non-emission parts, non-drive train parts,
and vehicle body in yard to be available for sale to public.
(c) If the VAVR enterprise operator does not recover parts from a ve-
hicle, then the entire vehicle must be dismantled within 90 days of ac-
quisition by the operator;
(1) No parts may be removed, for sale or reuse, from any dismantled,
retired vehicle for the purpose of generating emission reduction credits.
The only allowable use for any retired vehicle is as a source of scrap metal
and other scrap material;
(2) An enterprise operator may separate ferrous and non-ferrous met-
als from a dismantled, retired vehicle to sell as a source of scrap metal
only; and
(3) An enterprise operator may sell tires and batteries from a dis-
mantled, retired vehicle to an intermediary tire/battery recycler only.
(A) All facilities generating or receiving waste tires must use the ser-
vices of a registered tire hauler/recycler and
(B) Battery recyclers must be registered and licensed by the State of
California to handle batteries.
(d) No emission reduction credits or other compensation with public
funds shall be granted for any vehicle from which emission-related or
drive train parts have been sold.
(e) All activities associated with retiring vehicles, including but not
limited to the disposal of vehicle fluids and vehicle components, shall
comply with:
(!) Local water conservation regulations;
(2) State, county, and city energy and hazardous materials response
regulations; and
(3) Local water agency soil, surface, and ground water contamination
regulations.
(f) Local districts are required to perform audits of all parts recycling
and resale activities.
NOTE: Authority cited: Sections 39600, 39601 and 44101, Health and Safety
Code. Reference: Sections 39002, 39003, 43000, 43013. 44100, 44101, 44102,
44103, 44105, 44107 and 44120, Health and Safety Code.
History
1. New section filed 12-8-99; operative 1-7-2000 (Register 99, No. 50).
2. Renumbering of former section 2606 to section 2607 and new section 2606 filed
1-3-2003; operative 1-3-2003 pursuant to Government Code section 1 1343.4
(Register 2003, No. 1).
3. Amendment filed 7-13-2007; operative 8-12-2007 (Register 2007, No. 28).
§ 2607. Advertising.
(a) Any advertising conducted by an enterprise operator for the pur-
pose of recruiting vehicle owners to sell their cars into a VAVR enter-
prise shall not contain any language stating that the VAVR enterprise is
anything but voluntary for the consumer or that the VAVR enterprise is
affiliated with or is operated by the State of California;
(1 ) Any contracts or agreements between a vehicle seller and an enter-
prise operator relating to the sale of a vehicle to a VAVR enterprise shall
not contain any language stating that the VAVR enterprise is anything
•
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•
but voluntary for the consumer or that the VAVR enterprise is affiliated
with or is operated by the State of California.
(b) Any enterprise operator requesting the DMV to send notices to ve-
hicle owners as prospective VAVR participants, pursuant to Health and
Safety Code Section 44103, shall meet the following requirements:
(1) Prominently display the disclaimer statement as follows: "This
voluntary accelerated vehicle retirement enterprise is conducted by a pri-
vate operator under the auspices of the State of California and your local
air pollution control district/air quality management district. It is not op-
erated by the State of California. State funds are not used for the purchase
of vehicles. Emission reduction credits may be purchased by the State for
air quality improvements. Your participation is entirely voluntary." and
(2) Provide the DMV with adequate criteria for selecting those regis-
tered vehicle owners who own the desired target vehicles which may con-
sist of vehicle makes, models, model years, geographical locales, or any
other criteria deemed acceptable or necessary by the DMV.
NOTE: Authority cited: Sections 39600, 39601 and 44101, Health and Safety
Code. Reference: Sections 39002. 39003, 43000. 43013, 44100, 44101, 44102,
44103, 44105, 44107 and 44109, Health and Safety Code.
History
1. New section filed 12-8-99; operative 1-7-2000 (Register 99, No. 50).
2. Renumbering of former section 2607 to section 2608 and renumbering of former
section 2606 to section 2607 filed 1-3-2003; operative 1-3-2003 pursuant to
Government Code section 1 1343.4 (Register 2003, No. 1).
3. Amendment filed 7-13-2007; operative 8-12-2007 (Register 2007, No. 28).
§ 2608. Emission Reduction Credits.
(a) VAVR enterprise operators may generate emission reduction cred-
its that can be sold on the open market.
(b) VAVR enterprise operators may not make emission reduction
credits available for purchase until they are approved and issued by the
district.
(c) Districts shall not approve and issue emission reduction credits un-
less a VAVR enterprise operator demonstrates compliance with all appli-
cable provisions in this regulation.
(d) Each district shall be responsible for approving and issuing emis-
sion reduction credits generated to VAVR enterprise operators, based on
data supplied by each enterprise operator pursuant to Sections 2609.
(e) A district shall not approve and issue emission reduction credits for
any vehicle retired within sixty-one to ninety (61-90) days of its next re-
quired Smog Check inspection until it has verified that the vehicle did not
fail its Smog Check inspection during that time frame pursuant to Section
2602(c). Emission reduction credits shall not be issued for any vehicle
failing its Smog Check inspection during the sixty-one to ninety (61-90)
day time frame.
(f) The default lifetime of emission reduction credits is three (3) years;
(1 ) The maximum credit amount shall be no greater than the calculated
emission reduction on which the credit is based;
(2) Districts may apply a discount factor to credits calculated under
these regulations, consistent with applicable district and Board credit
rules and programs; and
(3) Credit usage shall be in accordance with all federal, state, and local
laws and regulations in effect at time of usage.
(g) Emission reduction credits shall be generated by the retirement of
any vehicle for reductions of NOx, ROG, CO, and PM where the magni-
tude of the credit for each pollutant shall be determined by the methodol-
ogy described in Appendix D to this Article, "Calculation of Default
Emission Reduction Credit."
(h) Extra emission reduction credits may be generated by the retire-
ment of any high emitting vehicle for reductions of NOx, ROG, and PM
when retired in accordance with Section 2610;
( 1 ) The detailed methodology that will be used to calculate extra emis-
sion reductions shall be submitted in a high emitting vehicle VAVR plan,
as required by Section 261 0(f), by the district or enterprise operator to the
ARB for approval;
(2) The methodology for calculating extra emission reductions shall
be consistent with the methodologies recommended by the ARB;
(3) The ARB shall publish the methodology for calculating extra emis-
sion reductions in the Carl Moyer Program Guidelines, pursuant to
Health and Safety Code section 44275 et seq.;
(4) Any calculation of extra emission reductions that is not consistent
with the methodology recommended by the ARB shall include a detailed
and complete technical justification for the changes and differences;
(5) The ARB shall evaluate the methodology for calculating extra
emission reductions within sixty (60) days of receipt using the following
criteria:
(A) The methodology must clearly show how emissions are estimated
from the raw data or initial measurements through the final emission rate
in pounds per year;
(B) The methodology shall include all equations used to estimate the
final emission rate, clearly define assumptions and constants, and include
references for the derivation of any uncommon equations that are used;
(C) The methodology shall contain an example calculation showing
how the final emission rate was calculated from the raw data or initial
measurement; and
(D) The methodology must verify that emission reductions are real,
surplus, quantifiable, and enforceable; and
(6) A detailed and complete technical justification for any other pro-
posed change from the requirements of Section 2608 shall be provided
with the high emitting vehicle VAVR plan.
NOTE: Authority cited: Sections 39600, 39601 and 44101, Health and Safety
Code. Reference: Sections 39002, 39003, 43000, 43013, 44100, 44101, 44102,
44121 and 44122, Health and Safety Code.
History
1. New section filed 12-8-99; operative 1-7-2000 (Register 99, No. 50).
2. Renumbering of former section 2608 to section 2609 and renumbering of former
section 2607 to section 2608, including amendment of subsection (a), filed
1-3-2003; operative 1-3-2003 pursuant to Government Code section 1 1 343.4
(Register 2003, No. 1).
3. Amendment filed 7-13-2007; operative 8-12-2007 (Register 2007, No. 28).
§ 2609. Records and Auditing.
(a) Districts and enterprise operators shall meet the following records
and auditing requirements.
(b) An enterprise operator shall maintain and store the following in-
formation for each vehicle dismantled and used to generate emission re-
duction credits:
(1) Vehicle Identification Number (VIN);
(2) Vehicle license plate number;
(3) Vehicle model year;
(4) Vehicle odometer reading;
(5) Vehicle make and model;
(6) Name, address, and phone number of legal owner selling vehicle
to the enterprise operator;
(7) Name, address, and phone number of registered owner if different
from (b)(6);
(8) Name and business address of inspector conducting the vehicle's
eligibility inspection, if the VAVR enterprise operator contracts with an
ARB-approved inspection entity to perform the vehicle functional and
equipment eligibility inspection;
(9) Date of purchase of vehicle by the enterprise operator;
(10) Date of vehicle retirement;
(11) The emission reduction amount claimed pursuant to Section
2608;
(12) Reproductions of California Certificate of Title and registration,
as signed-off by the seller at time of final sale to the VAVR enterprise;
(13) Reproduction of the applicable certificate of functional and
equipment eligibility;
(14) Reproduction of the applicable Notice to Dismantler (report of
vehicle to be dismantled and notice of acquisition, DMV Registration 42
form);
(15) Reproduction of written documentation from the DMV verifying
that a vehicle meets the requirements of Section 2603(a);
(16) If applicable, reproduction of documentation issued pursuant to
Section 2603(a)(6); and
Page 315
Register 2007, No. 28; 7-13-2007
§2610
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(17) Any other pertinent data requested by the district.
(c) Upon request of the district, the data required in Section 2609(b)
shall be transmitted to the district in an electronic database format, mutu-
ally agreed upon between the district and the enterprise operator, in lieu
of paper copies.
(d) The enterprise operator shall maintain copies of the information
listed in Section 2609(b) for a minimum period of time commensurate
with the life of the emission reduction credits generated from each ve-
hicle pursuant to Section 2608 and shall make those records available to
the ARB or the district upon request.
(e) The district may conduct announced and unannounced audits and
on-site inspections of VAVR enterprise operations to ensure that enter-
prises are being operated according to all applicable rules and regula-
tions;
(1) The district shall report the results of any such audits and inspec-
tions to the Executive Officer, notify any non-compliant enterprise oper-
ator of the nature of the violation, and initiate any enforcement or reme-
dial action necessary and
(2) Enterprise operators and their subcontractors shall allow the dis-
trict to conduct announced and unannounced audits and inspections and
shall cooperate fully.
NOTE: Authority cited: Sections 39600, 39601 and 44101, Health and Safety
Code. Reference: Sections 39002, 39003, 42400. 42400.1, 42400.2, 42400.3,
42400.4. 42400.5. 42400.6, 42401. 42402, 42402.1, 42402.2, 42402.3, 42402.5,
42403, 43000, 43013. 43016, 44100, 44101, 44102. 44103, 44105, 44106 and
44107, Health and Safety Code.
History
1. New section filed 12-8-99; operative 1-7-2000 (Register 99, No. 50).
2. Renumbering of former section 2609 to section 261 0 and renumbering of former
section 2608 to section 2609, including amendment of section and Note, filed
1-3-2003; operative 1-3-2003 pursuant to Government Code section 1 1343.4
(Register 2003, No. 1).
3. Amendment of section heading and section filed 7-13-2007; operative
8-12-2007 (Register 2007, No. 28).
§ 2610. Identification of High Emitting Vehicles.
(a) Remote sensing devices (RSD) and other ARB-approved technol-
ogies, including but not limited to databases such as a high emitter profile
or smoking vehicles, may be used to identify potential high emitting ve-
hicles for voluntary entry into a VAVR program and to generate extra
emission reduction credit.
(1) The technology must be a common, scientifically established
technology;
(2) The technology must identify ROG, NOx, PM, and/or CO emis-
sions from potential high emitting vehicles; and
(3) The technology must identify vehicles whose emissions will most
likely exceed the ASM Emission Standards and Gross Polluter Standards
pursuant to Title 16, Division 33, Article 5.5, Section 3340.42 of the
California Code of Regulations.
(b) The use of these technologies in a VAVR program is entirely op-
tional.
(c) A high emitting vehicle VAVR program using these technologies
shall comply with all applicable requirements of these regulations.
(d) All equipment and software associated with the technology shall
be calibrated, operated, and maintained in accordance with the latest, ap-
proved manufacturer's standard operating procedures or other ARB-ap-
proved equivalent documentation for that technology.
(e) Any extra emission reduction credit generated by the voluntary re-
tirement of a high emitting vehicle shall be calculated according to the
requirements of Section 2608(h).
(0 A detailed plan to operate a high emitting vehicle VAVR program
shall be submitted to the ARB for approval and shall not be implemented
until written approval to proceed is received from the Executive Officer
of the ARB.
(g) The plan shall contain, at a minimum, the following elements:
(1) A detailed description of the type and model of all equipment and
software used to identify high emitting vehicles;
(2) A detailed description of the operation of the technology including
but not limited to set up, typical operation, location and location criteria,
calibration, and maintenance;
(3) A copy of the standard operating procedures or protocols for that
technology including maintenance of the technology including equip-
ment and software;
(4) The specific criteria to be used in the application of the technology
to identify a high emitting vehicle;
(5) A detailed description of the methodology that will be used to cal-
culate extra emission reduction credits including an example calculation
pursuant to Section 2608;
(6) Documentation that personnel who will be operating the technolo-
gy are trained and qualified for such operation;
(7) A description of how the high emitting vehicle VAVR program
will be administered and operated in compliance with all applicable re-
quirements of this regulation; and
(8) A detailed description of any anticipated deviations from the stan-
dard operating procedures or protocols of the technology, as required by
this Section, and the recommended methodology for calculating extra
emission reduction credits, as specified in Section 2608(h).
(h) The ARB shall evaluate the plan according to the following crite-
ria. The plan shall:
(1) Be complete;
(2) Meet all of the requirements listed in Sections 2610(a), (c), and (d);
(3) Fully address all elements listed in Section 2610(g);
(4) Be approved, signed, and dated by a management-level official
who has the authority to approve the plan; and
(5) Be approved for implementation by the ARB within sixty (60) days
or returned to the submitter within sixty (60) days for revision.
NOTE: Authority cited: Sections 39600. 39601, 44101 and 44109, Health and
Safety Code. Reference: Sections 39002, 39003, 43000, 43013, 44100, 44101 and
44105, Health and Safety Code.
History
1. New section and appendix A filed 12-8-99; operative 1-7-2000 (Register 99,
No. 50).
2. Renumbering of former section 2610 to section 2611 and renumbering of former
section 2609 to section 2610 filed 1-3-2003; operative 1-3-2003 pursuant to
Government Code section 1 1343.4 (Register 2003, No. 1).
3. Repealer and new section heading and section and amendment of Note filed
7-13-2007; operative 8-12-2007 (Register 2007, No. 28).
§ 261 1 . Procurement of Credits for SIP Measure M1 .
NOTE: Authority cited: Sections 39600 and 39601, 44101 and 44104, Health and
Safety Code. Reference: Sections 39002, 39003, 43000, 43013, 44100, 44101 and
44104, Health and Safety Code.
History
1 . Renumbering of former section 2610 to section 261 1 and new appendices C and
D filed 1-3-2003; operative 1-3-2003 pursuant to Government Code section
11343.4 (Register 2003, No. 1).
2. Repealer of section filed 7-13-2007; operative 8-12-2007 (Register 2007, No.
28 V
Page 316
Register 2007, No. 28; 7-13-2007
Title 13
Air Resources Board
§2611
Appendix A
VEHICLE FUNCTIONAL AND EQUIPMENT
ELIGIBILITY INSPECTION FORM
Legal Owner:
City:
VIN:
Make:
Address:
Zip:
License Number:
Model:
Model Year:
Odometer Reading:
VEHICLE QUALIFICATION
Vehicle within 61-90 days of next scheduled Smog Check:
If yes, vehicle failed next scheduled Smog Check:
Vehicle registered in District for at least 24 months:
Vehicle on BAR repair cost waiver
Vehicle on BAR economic hardship extension
Vehicle within 60 days of next scheduled Smog Check:
If yes, vehicle passed next scheduled Smog Check:
The vehicle has been tampered with:
The vehicle has been driven to the inspection site
* Vehicle is not qualified for the VAVR program.
]yes
] yes*
]yes
] yes*
] yes*
]yes
]yes
] yes*
]yes
EQUIPMENT ELIGIBILITY
All doors
Dashboard
One bumper
Exhaust system
One taillight
One side window
[]yes
[]no*
Dyes
[] no*
[]yes
[] no*
[]yes
[] no*
[]yes
[] no*
Dyes
[] no*
The following shall be present and in place:
Hood
Driver's seat
All side and/or quarter panels
One headlight
One brake light
Interior pedals operational
The following shall be completed:
FUNCTIONAL ELIGIBILITY
Vehicle starts using keyed ignition
Vehicle starts without the use of starting fluids or external battery
Vehicle driven forward for a minimum of 25 feet
Vehicle driven in reverse for a minimum of 25 feet
* Vehicle is not eligible for the VAVR program.
INSPECTOR CERTIFICATION: (Check correct boxes.) I certify that this vehicle has ([] passed [] not passed) both the functional and equipment
eligibility inspections and ([] is [] is not) eligible for acceptance into the VAVR program pursuant to California Code of Regulations, Title 1 3, Sections
2602 and 2603.
no
2602(c)
no
no*
2603(a)(2)
no
2603(a)(4)
no
2603(a)(4)
no
2603(a)(5)
no*
no
2603(a)(7)
no*
2603(b)(1)
2603(b)(3)
[]
yes
[] no*
[]
yes
[]no*
[]
yes
[] no*
[]
yes
[] no*
[]
yes
[] no*
[]
yes
[] no*
2603(b)(4)
[]
yes
[] no*
[]
yes
[] no*
[]
yes
[] no*
[]
yes
[] no*
Printed Name:
Signed:
Date:
The following should be completed if the vehicle is eligible for acceptance into a VAVR program.
OWNER ACCEPTANCE: I accept receipt of this CERTIFICATION of eligibility into a VAVR program. I agree not to alter the vehicle's equipment
or functionality from that presented to the inspector. I agree to maintain the vehicle's condition and registration until the vehicle is retired.
Printed Name:
Signed:
Date:
HISTORY 2. Repealer and new appendix A filed 7-1 3-2007; operative 8-12-2007 (Register
1. New appendix A filed 12-8-99; operative 1-7-2000 (Register 99, No. 50). 2007, No. 28).
Page 317
Register 2007, No. 29; 7-20-2007
§2611
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
Appendix B
State of California
Air Resources Board
Emission-Drive Train Related Parts List
Adopted November 4, 1977
Amended May, 1981
Amended June 1, 1990
The following list of components are examples of emission related parts
as defined in Section 1900(b)(3), Chapter 3. Title 1 3, California Code of
Regulations.
I. Carburetion and Air Induction System
A. Air Induction System:
1. Temperature sensor elements
2. Vacuum motor for air control
3. Hot air duct & stove
4. Air filter housing & element
5. Turbocharger or supercharger
6. Intercooler
B. Emission Calibrated Carburetors:
1. Metering jets
2. Metering rods
3. Needle and seat
4. Power valve
5. Float circuit
6. Vacuum break
7. Choke mechanism
8. Throttle-control solenoid
9. Deceleration valve
10. Dashpot
1 1 . Idle stop solenoid, anti-dieseling assembly
12. Accelerating pump
13. Altitude compensator
C. Mechanical Fuel Injection:
1. Pressure regulator
2. Fuel injection pump
3. Fuel injector
4. Throttle-position compensator
5. Engine speed compensator
6. Engine temperature compensator
7. Altitude cut-off valve
8. Deceleration cut-off valve
9. Cold-start valve
D. Continuous Fuel Injection:
1 . Fuel pump
2. Pressure accumulator
3. Fuel filter
4. Fuel distributor
5. Fuel injections
6. Air-flow sensor
7. Throttle-position compensator
8. Warm-running compensator
9. Pneumatic overrun compensator
10. Cold-start valve
E. Electronic Fuel Injection:
1. Pressure regulator
2. Fuel distribution manifold
3. Fuel injectors
4. Electronic control unit
5. Engine speed sensor
6. Engine temperature sensor
7. Throttle-position sensor
8. Altitude/manifold-pressure sensor
9. Cold-start valve
F. Air Fuel Ratio Control:
1. Frequency valve
2. Oxygen sensor
3. Electronic control unit
G. Intake Manifold
II. Ignition System
A. Distributor
1 . Cam
2. Points
3. Rotor
4. Condenser
5. Distributor cap
6. Breaker plate
7. Electronic components (breakerless or electronic system)
B. Spark Advance/Retard System:
1. Centrifugal advance mechanism:
a. Weights
b. Springs
2. Vacuum advance unit
3. Transmission controlled spark system:
a. Vacuum solenoid
b. Transmission switch
c. Temperature switches
d. Time delay
e. CEC valve
f. Reversing relay
4. Electronic spark control system:
a. Computer circuitry
b. Speed sensor
c. Temperature switches
d. Vacuum switching valve
5. Orifice spark advance control system:
a. Vacuum bypass valve
b. OSAC (orifice spark advance control) valve
c. Temperature control switch
d. Distributor vacuum control valve
6. Speed controlled spark system:
a. Vacuum solenoid
b. Speed sensor and control switch
c. Thermal vacuum switch
C. Spark Plugs
D. Ignition Coil
E. Ignition Wires
III. Mechanical Components
A. Valve Trains:
1. Intake valves
2. Exhaust valves
3. Valve guides
4. Valve springs
5. Valve seats
6. Camshaft
B. Combustion Chamber:
1. Cylinder head or rotor housing1
2. Piston or rotor1
IV. Evaporative Control System
A. Vapor Storage Canister and Filter
B. Vapor Liquid Separator
C. Filler Cap
D. Fuel Tank
E. Canister Purge Valve
V. Positive Crankcase Ventilation System
A. PCV Valve
B. Oil Filler Cap
C. Manifold PCV Connection Assembly
Page 318
Register 2007, No. 29; 7-20-2007
Title 13
Air Resources Board
§2611
VI. Exhaust Gas Recirculation System
A. EGR Valve:
1. Valve body and carburetor spacer
2. Internal passages and exhaust gas orifice
B. Driving Mode Sensors:
1. Speed sensor
2. Solenoid vacuum valve
3. Electronic amplifier
4. Temperature-controlled vacuum valve
5. Vacuum reducing valve
6. EGR coolant override valve
7. Backpressure transducer
8. Vacuum amplifier
9. Delay valves
VII. Air Injection System
A. Air Supply Assembly:
1 . Pump
2. Pressure relief valve
3. Pressure-setting plug
4. Pulsed air system
B. Distribution Assembly:
1. Diverter, relief, bypass, or gulp valve
2. Check or anti-backfire valve
3. Deceleration control part
4. Flow control valve
5. Distribution manifold
6. Air switching valve
C. Temperature sensor
VIII. Catalyst, Thermal Reactor, and Exhaust System
A. Catalytic Converter:
1. Constricted fuel filler neck
2. Catalyst beads (pellet-type converter)
3. Ceramic support and monolith coating (monolith-type converter)
4. Converter body and internal supports
5. Exhaust manifold
B. Thermal Reactor:
1. Reactor casing and lining
2. Exhaust manifold and exhaust port liner
C. Exhaust System:
1. Manifold
2. Exhaust port liners
3. Double walled portion of exhaust system
4. Heat riser valve and control assembly
IX. Miscellaneous Items Used in Above Systems
1. Hoses, clamps, and pipers
2. Pulleys, belts, and idlers
X. Computer Controls
1. Electronic Control Unit (ECU)
2. Computer-coded engine operating parameter (including computer
chips)
3. All sensors and actuators associated with the ECU
XI. Drive Train Parts (added to Emission-Related Parts List.
1. Engine
2. Drive mechanism
3. Transmission
4. Differential
5. Axles
6. Brakes
1 Rotary (Wankel) engines only
History
1 . Redesignation of former appendix B as appendix D and redesignation of former
appendix C as new appendix B filed 7-13-2007; operative 8-12-2007 (Regis-
ter 2007, No. 28).
Appendix C
Quality Control Check List
Check each box indicating whether the emissions-related or drive train
part has been removed or destroyed. Insert N/A where a part is not in the
original vehicle design.
Dismantler
Address
Date
Quality Control lnspector_
Vehicle Make
Vehicle Model
Vehicle Year
Vehicle License Number
Vehicle Odometer Mileage
Category
Air Induction System
Emission-Related Part
Temperature sensor elements
Vacuum motor for air control
Hot air duct & stove
Air filter housing & element
Turbocharger or supercharger
Intercooler
Part Part
Removed Destroyed
Emission Calibrated
Carburetors
Metering jets
Metering rods
Needle and seat
Power valve
Float circuit
Vacuum break
Choke mechanism
Throttle-control solenoid
Deceleration valve
Emission Calibrated
Carburetors (continued)
Dashpot
Idle stop solenoid,
anti-dieseling assembly
Accelerating pump
Altitude compensator
Mechanical Fuel
Injection:
Pressure regulator
Fuel injection pump
Fuel injector
Throttle-position compensator
Engine speed compensator
Engine temperature compensator
Altitude cut-off valve
Deceleration cut-off valve
Cold-start valve
Continuous Fuel
Injection:
Fuel pump
Pressure accumulator
Fuel filter
Fuel distributor
Fuel injections
Air-flow sensor
Throttle-position compensator
Warm-running compensator
Pneumatic overrun compensator
Cold-start valve
Pressure regulator
Fuel distribution manifold
Fuel injectors
Electronic Fuel Injection: Electronic control unit
Engine speed sensor
Engine temperature sensor
Throttle-position sensor
Altitude/manifold-pressure
sensor
Electronic Fuel
Injection:
Cold-start valve
Air Fuel Ratio Control:
Frequency valve
Oxygen sensor
Air Fuel Ratio Control:
Electronic control unit
Intake Manifold
Intake Manifold Assembly
Page 319
Register 2007, No. 29; 7-20-2007
§2611
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
Part
Part
Category
Emission-Related Part Removed
Cam
Points
Rotor
Condenser
Destroyed
Distributor
Distributor cap
Breaker plate
Electronic components
(breakerless or electronic
system)
Category
Part
Emission-Related Part Removed
Delay valves
Part
Destroyed
Air Injection System
Spark Advance/Retard
System
Centrifugal advance mechanism:
weights and springs
Vacuum advance unit
Transmission controlled spark-
system: vacuum solenoid,
transmission switch, temperature
switches, time delay, CEC
valve, reversing relay
Electronic spark control system:
computer circuitry, speed
sensor, temperature switches,
vacuum switching valve
Orifice spark advance control
system: vacuum bypass valve,
orifice spark advance control
valve, temperature control switch,
distributor vacuum control switch
Speed controlled spark system:
vacuum solenoid, speed sensor
and control switch, thermal
vacuum switch
Pump
Pressure -relief valve
Pressure-setting plug
Pulsed air system
Diverter
Relief, bypass, or gulp valve
Check or anti-backfire valve
Deceleration control part
Flow control valve
Distribution manifold
Air switching valve
Temperature sensor
Catalytic
Con verter/Thermal
Reactor/exhaust
Spark Plugs
Spark Plugs
Ignition Coil
Ignition Coil
Ignition Wires
Ignition Wires
Constricted fuel filler neck
Catalyst beads (pellet-type
converter),
Ceramic support and monolith
coating (monolith-type
converter),
Converter body and internal
supports,
Exhaust manifold
Reactor casing and lining
Exhaust manifold and exhaust
port liner
Manifold
Exhaust port liners,
Double walled portion of
exhaust system,
Heat riser valve and control
assembly
Miscellaneous Items
Used in Above Systems
Hoses, clamps, and pipers
Pulleys, belts, and idlers
Drive Train
Engine
Flywheel
Bell Housing
Drive Shaft
Transmission
Differentials
Axles
Brakes
Computer Controls
Electronic Control Unit (ECU)
Computer-coded engine
operating parameter (including
computer chips)
All sensors and actuators associated
with the ECU
Mechanical Components
Intake valves
Exhaust valves
Valve guides
Valve springs
Valve seats
Camshaft
Cylinder head or rotor housing
Piston or rotor
Quality Control Inspector Final Verification All Emission-Related
Parts Removed and Destroyed
Quality Control Inspector Signature:
Date:
Evaporative Control
System
Vapor Storage Canister and
Filter
Vapor Liquid Separator
Filler Cap
Fuel Tank
Canister Purge Valve
Positive Crankcase
Ventilation System
PCV Valve
Oil Filler Cap
Manifold PCV Connection
Assembly
History
1. New appendix C filed 1-3-2003; operative 1-3-2003 pursuant to Government
Code section 11343.4 (Register 2003, No. 1).
2. Redesignation of former appendix C as appendix B and redesignation of former
appendix D as new appendix C, including repealer and new appendix heading
and new introductory paragraph, filed 7-13-2007; operative 8-12-2007 (Reg-
ister 2007, No. 28).
Exhaust Gas
Recirculation System
EGR Valve: valve body and
carburetor spacer,
EGR Valve: internal passages
and exhaust gas orifice
Driving Mode Sensors
Speed sensor
Solenoid vacuum valve
Electronic amplifier
Temperature-controlled vacuum
valve
Vacuum reducing valve
EGR coolant override valve
Backpressure transducer
Vacuum amplifier
Page 320
Register 2007, No. 29; 7-20-2007
Title 13 Air Resources Board § 2611
Appendix D
I
VOLUNTARY ACCELERATED LIGHT-DUTY VEHICLE RETIREMENT PROGRAM
DEFAULT EMISSION REDUCTIONS
ARB shall annually calculate the emission reductions for voluntary accelerated vehicle retirement. By December 31 of each year, ARB shall calculate
the emission reductions for vehicles retired in the next calendar year and shall make them publicly available in tabular form.
For exhaust (tailpipe) emissions, the following equation is used to calculate emission reduction credits. Exhaust emission reduction credits may be
generated from reductions in oxides of nitrogen (NOx), reactive organic gas (ROG), carbon monoxide (CO), and particulate matter (PM):
ExhReduction = [(ERretired * VMTretired) - (ERreplacement * VMTrepiacement)] * Liferetired
where:
ExhReduction = total emission reduction for tailpipe emissions (grams/life);
ERretired = the retired vehicle exhaust emission rate (grams/mile)
= the average exhaust emission rate of the model year vehicle retired calculated using ARB's emission inventory
model;
VMTretire(j = the retired vehicle miles traveled (miles/year)
= the average VMT of the model year vehicle retired calculated using ARB's emission inventory model;
Liferetired = the retired vehicle remaining life (years)
= 3 years;
ERreplacement = the replacement vehicle exhaust emission rate (grams/mile)
= the fleet average exhaust emission rate calculated using ARB's emission inventory model;
VMTrepiacement = the replacement vehicle miles traveled (miles/year)
= vMTretired
For evaporative emissions, the following equation is used to calculate emission reduction credits. Evaporative emission reduction calculations apply
only to ROG emissions:
EvapReduction = { [(ERrunloss)retired - (ERruni0SS)repiaCement] * VMTretired +
L(LRhotsoak) retired — (ERhotsoak)replacementJ I ripsretired +
[(ERdiurnal)retired - (ERdiurnaOreplacementl * 365 days/year +
[(ERresting)retired _ (ERresting)replacement] * 365 days/year} * Liferetired
where:
EvapReduction = total lifetime reduction of evaporative ROG emissions (grams/life);
(ERrun]oss)retired = the retired vehicle running loss evaporative emission rate (grams/mile)
= the average running loss evaporative emission rate of the model year vehicle retired calculated using ARB's
emission inventory model;
(ERruni0SS)repiacement = the replacement vehicle running loss evaporative emission rate (grams/mile)
= the fleet average running loss evaporative emission rate calculated using ARB's emission inventory model;
(ERhotsoak)retired = the retired vehicle evaporative emission rate attributed to hot soak after shut down (grams/trip)
= the average hot soak evaporative emission rate of the model year vehicle retired calculated using ARB's emission
inventory model;
(ERhotsoak)repiacement = the replacement vehicle evaporative emission rate attributed to hot soak after shut down (grams/trip)
= the fleet average hot evaporative emission rate calculated using ARB's emission inventory model;
(ERcjjurna])retjred = the retired vehicle emission rate for evaporative emissions occurring while vehicle is not operating and during
periods of ambient temperature increase (grams/day)
= the average diurnal evaporative emission rate of the model year vehicle retired calculated using ARB's
emission inventory model;
(ERdiurnal)repiacement = the replacement vehicle emission rate for evaporative emissions occurring while vehicle is not operating and during
periods of ambient temperature increase (grams/day)
= the fleet average diurnal evaporative emission rate calculated using ARB's emission inventory model;
(ERresting)retired = the retired vehicle emission rate for evaporative emissions occurring while vehicle is not operating and during
periods of constant or decreasing ambient temperature (grams/day)
= the average resting evaporative emission rate of the model year vehicle retired calculated using ARB's emission
inventory model;
(ERrestjng)repiacement = the replacement vehicle emission rate for evaporative emissions occurring while vehicle is not operating and during
periods of ambient temperature increase (grams/day)
= the fleet average resting evaporative emission rate calculated using ARB's emission inventory model;
Tripsretired = number of trips per year expected from retired vehicle
= the average trips of the model year vehicle retired calculated using ARB's emission inventory model.
HISTORY 2. Redesignation of former appendix D as appendix C and redesignation of former
1 . New appendix D filed 1-3-2003; operative 1-3-2003 pursuant to Government appendix B as new appendix D, including repealer and new appendix heading
Code section 1 1343.4 (Register 2003, No. 1). and appendix, filed 7-13-2007; operative 8-12-2007 (Register 2007, No. 28).
Page 321 Register 2007, No. 28; 7-13-2007
§2700
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
Chapter 14. Verification Procedure,
Warranty and In-Use Compliance
Requirements for In-Use Strategies to
Control Emissions from Diesel Engines
§ 2700. Applicability.
These procedures apply to in-use strategies which, through the use of
sound principles of science and engineering, control emissions of partic-
ulate matter (PM) and oxides of nitrogen (NOx) from diesel-fueled die-
sel engines. These strategies may include but are not limited to, diesel
particulate filters, diesel oxidation catalysts, fuel additives, selective cat-
alytic reduction systems, exhaust gas recirculation systems, and alterna-
tive diesel fuels.
NOTE: Authority cited: Sections 39002, 39003, 39500, 39600, 39601,
39650-39675, 40000, 43000. 43000.5, 43011, 43013, 43018, 43105. 43600 and
43700. Health and Safety Code. Reference: Sections 39650-39675, 43000,
43009.5, 43013, 4301 8, 43101. 43104, 43105, 43106, 43107 and 43204-43205. 5,
Health and Safety Code; and Title 17 California Code of Resulations Section
93000.
[The next page is 325.]
Page 322
Register 2007, No. 28; 7-13-2007
Title 13
Air Resources Board
§2701
History
1. New chapter 14 (sections 2700-2710) and section filed 5-12-2003; operative
6-1 1-2003 (Register 2003, No. 20).
§2701. Definitions.
(a) The definitions in Section 1900(b), Chapter 1, Title 13 of the
California Code of Regulations are incorporated by reference herein. The
following definitions shall govern the provisions of this chapter:
(1) "15 ppmw or less sulfur fuel" means diesel fuel with a sulfur con-
tent equal to or less than 15 parts per million by weight (ppmw).
(2) "Alternative Diesel Fuel" means any fuel used in diesel engines
that is not commonly or commercially known, sold or represented as die-
sel fuel No. 1-D or No. 2-D, pursuant to the specifications in ASTM
Standard Specification for Diesel Fuel Oils D975-81, and does not re-
quire engine or fuel system modifications for the engine to operate, al-
though minor modifications (e.g. recalibration of the engine fuel control)
may enhance performance. Examples of alternative diesel fuels include,
but are not limited to, biodiesel, Fischer Tropsch fuels, and emulsions of
water in diesel fuel. Natural gas is not an alternative diesel fuel. An emis-
sion control strategy using a fuel additive will be treated as an alternative
diesel fuel based strategy unless:
(A) The additive is supplied to the vehicle or engine fuel by an on-
board dosing mechanism, or
(B) The additive is directly mixed into the base fuel inside the fuel tank
of the vehicle or engine, or
(C) The additive and base fuel are not mixed until vehicle or engine
fueling commences, and no more additive plus base fuel combination is
mixed than required for a single fueling of a single engine or vehicle.
(3) "Approach Light System with Sequenced Flasher Lights in Cate-
gory 1 and Category 2 Configurations" (ALSF-1 and ALSF-2) mean
high intensity approach lighting systems with sequenced flashers used at
airports to illuminate specified runways during category II or III weather
conditions, where category II means a decision height of 100 feet and
runway visual range of 1,200 feet, and category III means no decision
height or decision height below 100 feet and runway visual range of 700
feet.
(4) "Applicant" means the entity that has applied for or has been
granted verification under this Procedure.
(5) "Auxiliary Emission Control Device" (AECD) means any device
or element of design that senses temperature, vehicle speed, engine revo-
lutions per minute (RPM), transmission gear, manifold vacuum, or any
other parameter for the purpose of activating, modulating, delaying, or
deactivating the operation of the emission control system.
(6) "Average" means the arithmetic mean.
(7) "Backpressure Monitor" means a device that includes a sensor for
measuring the engine backpressure upstream of a hardware-based diesel
emission control system or component thereof installed in the exhaust
system and an indicator to notify the operator when the backpressure ex-
ceeds specified high and in some cases low backpressure limits, as de-
fined by the engine manufacturer or the applicant for verification of a die-
sel emission control strategy.
(8) "Baseline" means the test of a vehicle or engine without the diesel
emission control strategy implemented.
(9) "Cold Start" means the start of an engine only after the engine oil
and water temperatures are stabilized between 68 and 86 degrees F for
a minimum of 15 minutes.
(10) "Diesel emission control strategy" or "Diesel emission control
system" means any device, system, or strategy employed with an in-use
diesel vehicle or piece of equipment that is intended to reduce emissions.
Examples of diesel emission control strategies include, but are not lim-
ited to, particulate filters, diesel oxidation catalysts, selective catalytic re-
duction systems, fuel additives used in combination with particulate fil-
ters, alternative diesel fuels, and combinations of the above.
(11) "Diesel Emission Control Strategy Family Name." See Section
2706(g)(2).
(12) "Diesel Engine" means an internal combustion engine with oper-
ating characteristics significantly similar to the theoretical diesel com-
bustion cycle. The primary means of controlling power output in a diesel
cycle engine is by limiting the amount of fuel that is injected into the com-
bustion chambers of the engine. A diesel cycle engine may be petroleum-
fueled (i.e., diesel-fueled) or alternate-fueled.
(13) "Durability" means the ability of the applicant's diesel emission
control strategy to maintain a level of emissions below the baseline and
maintain its physical integrity over some period of time or distance deter-
mined by the Executive Officer pursuant to these regulations. The mini-
mum durability testing periods contained herein are not necessarily
meant to represent the entire useful life of the diesel emission control
strategy in actual service.
(14) "Emergency Standy Engine" means a diesel engine operated
solely for emergency use, except as otherwise provided in airborne toxic
control measures adopted by the ARB.
(15) "Emergency Use" means using a diesel engine to provide electri-
cal power or mechanical work during any of the following events and
subject to the following conditions:
(A) The failure or loss of all or part of normal electrical power service
or normal natural gas supply to the facility,
(B) The failure of a facility's internal power distribution system,
(C) The pumping of flood water or sewage to prevent or mitigate a
flood or sewage overflow,
(D) The pumping of water for fire suppression or protection,
(E) The powering of ALSF-1 and ALSF-2 airport runway lights under
category II or III weather conditions,
(F) Other conditions as specified in airborne toxic control measures
adopted by the ARB.
(16) "Emission control group" means a set of diesel engines and ap-
plications determined by parameters that affect the performance of a par-
ticular diesel emission control strategy. The exact parameters depend on
the nature of the diesel emission control strategy and may include, but are
not limited to, certification levels of engine emissions, combustion cycle,
displacement, aspiration, horsepower rating, duty cycle, exhaust temper-
ature profile, and fuel composition. Verification of a diesel emission con-
trol strategy and the extension of existing verifications are done on the
basis of emission control groups.
(17) "Executive Officer" means the Executive Officer of the Air Re-
sources Board or the Executive Officer's designee.
(18) "Executive Order" means the document signed by the Executive
Officer that specifies the verification level of a diesel emission control
strategy for an emission control group and includes any enforceable
conditions and requirements necessary to support the designated verifi-
cation.
(19) "Fuel Additive" means any substance designed to be added to fuel
or fuel systems or other engine-related systems such that it is present in-
cylinder during combustion and has any of the following effects: de-
creased emissions, improved fuel economy, increased performance of
the entire vehicle or one of its component parts, or any combination there-
of; or assists diesel emission control strategies in decreasing emissions,
or improving fuel economy or increasing performance of a vehicle or
component part, or any combination thereof. Fuel additives used in con-
junction with diesel fuel may be treated as an alternative diesel fuel. See
Section 2701 (a)(2).
(20) "Hot Start" means the start of an engine within four hours after
the engine is last turned off. The first hot start test run should be initiated
20 minutes after the cold start for Federal Test Procedure testing follow-
ing Section 86. 1 327-90 of the Code of Federal Regulations, Title 40, Part
86.
(21) "Portable Engine" means an engine designed and capable of be-
ing carried or moved from one location to another, except as defined in
section 2701 (a)(24). Engines used to propel mobile equipment of a motor
vehicle of any kind are not portable. Indicators of portability include, but
are not limited to, wheels, skids, carrying handles, dolly, trailer, or plat-
form. A portable engine cannot remain at the same facility location for
more than 12 consecutive rolling months or 365 rolling days, whichever
occurs first, not including time spent in a storage facility. If it does remain
Page 325
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§2702
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
at the facility for more than 12 months, it is considered to be a stationary
engine. The definitions in Title 13 California Code of Regulations sec-
tion 2452(g) and section 2452(x) are incorporated by reference herein.
(22) "Regeneration", in the context of diesel particulate filters, means
the periodic or conti nuous combustion of collected particulate matter that
is trapped in a particulate filter through an active or passive mechanism.
Active regeneration requires a source of heat other than the exhaust itself
to regenerate the particulate filter. Examples of active regeneration strat-
egies include, but are not limited to, the use of fuel burners and electrical
heaters. Passive regeneration does not require a source of heat for regen-
eration other than the exhaust stream itself. Examples of passive regen-
eration strategies include, but are not limited to, the use of fuel additives
and the catalyst-coated particulate filter. In the context of NOx reduction
strategies, "regeneration" means the desorption and reduction of NOx
from NOx adsorbers (or NOx traps) during rich operation conditions.
(23) "Revoke" means to cancel the verification status of a diesel emis-
sion control strategy. If a diesel emission control strategy's verification
status is revoked by the Executive Officer, the applicant must immediate-
ly cease and desist selling the diesel emission control strategy to end-us-
ers.
(24) "Stationary Engine" means an engine that is designed to stay in
one location, or remains in one location. An engine is stationary if any
of the following are true:
(A) The engine or its replacement is attached to a foundation, or if not
so attached, will reside at the same location for more than 12 consecutive
months. Any engine that replaces engine(s) at a location, and is intended
to perform the same or similar function as the engine(s) being replaced,
will be included in calculating the consecutive time period. In that case,
the cumulative time of all engine(s), including the time between the re-
moval of the original engine(s) and installation of the replacement en-
gine^), will be counted toward the consecutive time period; or
(B) The engine remains or will reside at a location for less than 1 2 con-
secutive months if the engine is located at a seasonal source and operates
during the full annual operating period of the seasonal source, where a
seasonal source is a stationary source that remains in a single location on
a permanent basis (at least two years) and that operates at that single loca-
tion at least three months each year; or
(C) The engine is moved from one location to another in an attempt to
circumvent the residence time requirements [Note: The period during
which the engine is maintained at a storage facility shall be excluded
from the residency time determination.] The definitions in Title 13
California Code of Regulations section 2452(g) and section 2452(x) are
incorporated by reference herein.
(25) "Verification" means a determination by the Executive Officer
that a diesel emission control strategy meets the requirements of this Pro-
cedure. This determination is based on both data submitted or otherwise
known to the Executive Officer and engineering judgement.
NOTE: Authority cited: Sections 39002, 39003, 39500, 39600, 39601,
39650-39675, 40000, 43000, 43000.5, 43011, 43013, 43018, 43105, 43600 and
43700, Health and Safety Code. Reference: Sections 39650-39675, 43000,
43009.5, 4301 3, 43018, 43101 , 43104, 431 05, 43106, 43107 and 43204-43205.5,
Health and Safety Code; and Title 17 California Code of Regulations Section
93000.
History
1. New section filed 5-12-2003; operative 6-1 1-2003 (Register 2003, No. 20).
2. Amendment of subsection (a)(2) filed 7-15-2004; operative 8-14-2004 (Reg-
ister 2004, No. 29).
3. New subsections (a)(3), (a)(14)-(a)(15)(F), (a)(21) and (a)(24)-(a)(24)(C), re-
pealer of subsections (a)(13), (a)(19) and (a)(22) and subsection renumbering
filed 12-2-2004; operative 1-1-2005 (Register 2004, No. 49).
§ 2702. Application Process.
(a) Overview. Before submitting a formal application for the verifica-
tion of a diesel emission control strategy for use with an emission control
group, the applicant must submit a proposed verification testing protocol
(pursuant to Section 2702(b)) at the Executive Officer's discretion. To
obtain verification, the applicant must conduct emission reduction test-
ing (pursuant to Section 2703), durability testing (pursuant to Section
2704), a field demonstration (pursuant to Section 2705), and submit the
results along with comments and other information (pursuant to Sections
2706 and 2707) in an application to the Executive Officer, in the format
shown in Section 2702(d). If the Executive Officer grants verification of
a diesel emission control strategy, it will issue an Executive Order to the
applicant identifying the verified emission reduction and any conditions
that must be met for the diesel emission control strategy to function prop-
erly. After the Executive Officer grants verification of a diesel emission
control strategy, the applicant must provide a warranty, conduct in-use
compliance testing of the strategy after having sold or leased a specified
number of units, and report the results to the Executive Officer (pursuant
to Section 2709). A diesel emission control strategy that employs two or
more individual systems or components must be tested and submitted for
evaluation as one system. Applicants seeking verification of an alterna-
tive diesel fuel must follow the procedure described in Section 2710.
(b) Proposed Verification Testing Protocol. Before formally submit-
ting an application for the initial verification of a diesel emission control
strategy, the applicant must submit a proposed verification testing proto-
col at the Executive Officer's discretion. The Executive Officer shall use
the information in the proposed protocol to help determine whether the
strategy relies on sound principles of science and engineering to control
emissions, the need for additional analyses, and the appropriateness of
allowing alternatives to the prescribed requirements. The protocol
should include the following information:
(1) Identification of the contact persons, phone numbers, names and
addresses of the responsible party proposing to submit an application.
(2) Description of the diesel emission control strategy's principles of
operation. A schematic depicting operation should be included as ap-
propriate. It is the responsibility of the applicant to demonstrate that its
product relies on sound principles of science and engineering to achieve
emission reductions.
(A) If, after reviewing the proposed protocol, the Executive Officer
determines that the applicant has not made a satisfactory demonstration
that its product (diesel emission control strategy) relies on sound prin-
ciples of science and engineering to achieve emission reductions, the
Executive Officer shall notify the applicant of the determination in writ-
ing. The applicant may choose to withdraw from the verification process
or submit additional materials and clarifications. The additional submit-
tal must be received by the Executive Officer no later than 60 days from
the date of the notification letter or the application may be suspended.
(B) If, after reviewing the additional submittal, the Executive Officer
determines that the applicant has not yet made a satisfactory demonstra-
tion that its product relies on sound principles of science and engineering
to achieve emission reductions, the application shall be suspended. If an
application has been suspended, it may only be reactivated at the discre-
tion of the Executive Officer.
(C) If at any time, the Executive Officer has reason to doubt the scien-
tific or engineering soundness of a product, the Executive Officer may
require the applicant to submit additional supporting materials and clari-
fications no later than 60 days from the date of the notification letter. If
the additional submittal is not received by the Executive Officer by the
deadline established in the notification letter, the application may be sus-
pended or the existing verification may be revoked. In deciding whether
to suspend an application or revoke an existing verification the Executive
Officer will review submittals as provided in subsection (B) above.
(3) Preliminary parameters for defining emission control groups that
are appropriate for the diesel emission control strategy. The Executive
Officer will work with the applicant to determine appropriate emission
control group parameters.
(4) The applicant's plan for meeting the requirements of Sections
2703-2706. Existing test data may be submitted for the Executive Offi-
cer's consideration. The protocol must focus on verification of the diesel
emission control strategy for use with a single emission control group.
(5) A brief statement that the applicant agrees to provide a warranty
pursuant to the requirements of section 2707.
(c) If an applicant submits a proposed verification testing protocol, the
Executive Officer shall, within 30 days of its receipt, determine whether
the applicant has identified an appropriate testing protocol to support an
Page 326
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Title 13
Air Resources Board
§2702
application for verification and notify the applicant in writing that it may
submit an application for verification. The Executive Officer may sug-
gest modifications to the proposed verification testing protocol to facili-
tate verification of the diesel emission control strategy. AH applications,
correspondence, and reports must be submitted to:
CHIEF. HEAVY-DUTY DIESEL IN-USE STRATEGIES BRANCH
AIR RESOURCES BOARD
9528 TELSTAR AVENUE
EL MONTE. C A 91731
(d) Application Format. The application for verification of a diesel
emission control strategy must follow the format shown below. If a sec-
tion asks for information that is not applicable to the diesel emission con-
trol strategy, the applicant must indicate "not applicable." If the Execu-
tive Officer concurs with the applicant's judgement that a section is not
applicable, the Executive Officer may waive the requirement to provide
the information requested in that section.
1. Introduction
1.1 Identification of applicant, manufacturer, and product
1.2 Identification of type of verification being sought
1.2.1 Description of emission control group selected
1.2.2 Emission reduction claim
2. Diesel Emission Control Strategy Information
2.1 General description of the diesel emission control strategy
2.1.1 Discussion of principles of operation and system design
2.1.2 Schematics depicting operation (as appropriate)
2.2 Description of regeneration method
2.2.1 Operating condition requirements for regeneration
2.2.2 Thresholds and control logic to activate regeneration
2.2.3 Description of backpressure monitor including thresholds and
control logic
2.3 Favorable operating conditions
2.4 Unfavorable operating conditions and associated reductions in
performance
2.5 Fuel requirements and misfueling considerations
2.6 Identification of failure modes and associated consequences
2.7 Complete discussion of potential safety issues (e.g., uncontrolled
regeneration, lack of proper maintenance, unfavorable operating condi-
tions, etc.)
2.8 Installation requirements
2.9 Maintenance requirements
3. Alternative Diesel Fuel Information
3.1 Information from Section 2710(b)
3.2 Emission control group compatibility considerations
3.3 Misfueling prevention strategies
4. Diesel Emission Control Strategy and Emission Control Group
Compatibility
4.1 Compatibility with the engine
4.1.1 Discussion on calibrations and design features that may vary
from engine to engine
4.1.2 Effect on overall engine performance
4.1.3 Effect on engine backpressure
4.1.4 Additional load on the engine
4.1.5 Effect on fuel consumption
4.1.6 Engine oil consumption considerations
4.2 Compatibility with the application
4.2.1 Dependence of calibration and other design features on applica-
tion characteristics
4.2.2 Presentation of typical exhaust temperature profiles and other
relevant field-collected data from representative applications within the
emission control group
4.2.3 Comparison of field-collected application data with operating
conditions suitable for the diesel emission control strategy
5. Testing Information
5.1 Emission reduction testing
5.1.1 Test facility identification
5.1.2 Description of test vehicle and engine (make, model year, engine
family name, etc.)
5.1.3 Test procedure description (-pre-conditioning period, test
cycle, etc.)
5.1.4 Test results and comments
5.2 Durability testing
5.2.1 Test facility identification
5.2.2 Description of field application (where applicable)
5.2.3 Description of test vehicle and engine (make, model year, engine
family name, etc.)
5.2.4 Test procedure description (field or bench, test cycle, etc.)
5.2.5 Test results and comments
5.2.6 Summary of evaluative comments from third-party for in-field
durability demonstration (e.g., driver or fleet operator)
5.3 Field demonstration (where applicable)
5.3.1 Field application identification
5.3.2 Description of test vehicle and engine (make, model year, engine
family name, etc.)
5.3.3 Engine backpressure and exhaust temperature graphs with com-
ments
5.3.4 Summary of evaluative comments from third-party (e.g., driver
or fleet operator)
6. References
7. Appendices
A. Laboratory test report information (for all tests)
A.l Actual laboratory test data
A. 2 Plots of engine backpressure and exhaust temperature
A. 3 Driving traces for chassis dynamometer tests
A.4 Quality assurance and quality control information
B. Third-party letters or questionnaires describing in-field perfor-
mance
C. Diesel emission control system label
D. Owner's manual (as described in Section 2706(i))
E. Other supporting documentation
(e) Within 30 days of receipt of the application, the Executive Officer
shall notify the applicant whether the application is complete.
(f) Within 60 days after an application has been deemed complete, the
Executive Officer shall determine whether the diesel emission control
strategy merits verification and shall classify it as shown in Table 1 :
Table 1 . Verification Classifications for Diesel Emission Control
Strategies
Pollutant
Reduction
Classification
< 25%
Not verified
> 25%
Level 1
Level 1 Plus*
PM
> 50%
Level 2
Level 2 Plus*
> 85%,
Level 3
Level 3 Plus*
or < 0.01 g/bhp-hr
< 15%
Not verified
NOx
> 15%
Verified in 5% increments
*The diesel emission control strategy complies with the 20 percent NO2 limit be-
fore January 1, 2009 (and after January 1, 2007).
The applicant and the Executive Officer may mutually agree to a long-
er time period for reaching a decision, and additional supporting docu-
mentation may be submitted by the applicant before a decision has been
reached. The Executive Officer shall notify the applicant of the decision
in writing and specify the verification level for the diesel emission con-
trol strategy and identify any terms and conditions that are necessary to
support the verification.
(g) Extensions of an Existing Verification. If the applicant has verified
a diesel emission control strategy with one emission control group and
wishes to extend the verification to include additional emission control
groups, it may apply to do so using the original test data, additional test
data, engineering justification and analysis, or any other information
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§2703
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
deemed necessary by the Executive Officer to address the differences be-
tween the emission control group already verified and the additional
emission control group(s). Processing time periods follow sections (e)
and (f) above.
(h) Design Modifications. If an applicant modifies the design of a die-
sel emission control strategy that has already been verified or is under
consideration for verification by the Executive Officer, the modified ver-
sion must be evaluated under this Procedure. The applicant must provide
a detailed description of the design modification along with an explana-
tion of how the modification will change the operation and performance
of the diesel emission control strategy. To support its claims, the appli-
cant must submit additional test data, engineering justification and analy-
sis, or any other information deemed necessary by the Executive Officer
to address the differences between the modified and original designs.
Processing time periods follow sections (e) and (f) above.
(i) Treatment of Confidential Information. Information submitted to
the Executive Officer by an applicant may be claimed as confidential,
and such information shall be handled in accordance with the procedures
specified in Title 17, California Code of Regulations, Sections
9 1 000-9 1 022. The Executive Officer may consider such confidenti al in-
formation in reaching a decision on a verification application.
(j) The Executive Officer may lower the verification level or revoke
the verification status of a verified diesel emission control strategy family
if there are errors, omissions or inaccurate information in the application
for verification or supporting information.
NOTE: Authority cited: Sections 39002, 39003, 39500, 39600, 39601,
39650-39675, 40000, 43000, 43000.5, 4301 1, 43013, 43018. 43105, 43600 and
43700, Health and Safety Code. Reference: Sections 39650-39675, 43000,
43009.5, 43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5,
Health and Safety Code; and Title 17 California Code of Regulations Section
93000.
History
1. New section filed 5-12-2003; operative 6-11-2003 (Register 2003, No. 20).
2. Amendment of subsections (b) and (b)(2) and new subsections (b)(2)(A)-(C)
and (b)(5) filed 12-2-2004; operative 1-1-2005 (Register 2004, No. 49).
3. Amendment of subsections (f)-(h) filed 2-9-2007; operative 2-9-2007 pur-
suant to Government Code section 1 1343.4 (Register 2007, No. 6).
§ 2703. Emission Testing Requirements.
(a) The applicant must test the diesel emission control strategy on an
emission control group basis and identify the emission control group.
The applicant must identify the test engines and vehicles, if applicable,
by providing the engine family name, make, model, model year, and PM
and NOx certification levels if applicable. The applicant must also de-
scribe the applications for which the diesel emission control strategy is
intended to be used by giving examples of in-use vehicles or equipment,
characterizing typical duty cycles, indicating any fuel requirements, and/
or providing other application-related information.
(b) Test Engine Requirements and Pre-conditioning. The applicant
may tune-up or rebuild test engines prior to, but not after, baseline testing
unless rebuilding the engine is an integral part of the diesel emission con-
trol strategy. All testing should be performed with the test engine in a
proper state of maintenance. Emissions of NO2 from the test engine must
not exceed 15 percent of the total baseline NOx emissions by mass. If
there is a special category of engines with NO2 emission levels that nor-
mally exceed 15 percent, this requirement may be adjusted for those en-
gines at the discretion of the Executive Officer.
(c) Diesel Emission Control System Pre-conditioning. The engine or
vehicle installed with a diesel emission control system must be operated
for a break-in period of between 25 and 125 hours before emission test-
ing. Note that special pre-conditioning requirements may apply. See sec-
tion 2706(a)(4) for details.
(d) Test Fuel.
(1) The test fuel must meet the specifications in the California Code
of Regulations (Sections 2280 through 2283 of Title 13), with the excep-
tion of the sulfur content or other properties previously identified by the
applicant and approved by the Executive Officer.
(2) If operation or performance of a diesel emission control strategy
is affected by fuel sulfur content, the sulfur content of the test fuel must
be no less than 66 percent of the stated maximum sulfur content for the
diesel emission control strategy, unless
(A) the testing is performed with fuel containing 15 ppmw or less sul-
fur for verification on 15 ppmw or less sulfur diesel fuel, or
(B) the testing is performed with diesel fuel commercially available in
California for verification on CARB diesel fuel (i.e., fuel meeting the
specifications in Title 13, California Code of Regulations, Sections 2280
through 2283).
(3) Baseline testing may be conducted with commercially available
diesel fuel or diesel fuel with 15 ppmw or less sulfur. Baseline and control
tests must be performed using the same fuel unless the control fuel is spe-
cified as a component of the emission control strategy.
(4) The test fuel (or batch of fuel purchased) must be analyzed using
American Society for Testing and Materials (ASTM) test methods listed
in Table 6 (See Section 2710), which are incorporated herein by refer-
ence. At a minimum, sulfur content, aromatic content, polycyclic aro-
matic hydrocarbons, nitrogen content, and cetane number must be re-
ported. The Executive Officer may ask for additional properties to be
reported if evidence suggests those properties may affect functioning of
the diesel emission control strategy.
(e) Test Cycle. The diesel emission control strategy must be tested us-
ing the test cycles indicated in subparagraphs 1-3 below (summarized in
Table 2) or with an alternative cycle(s) approved by the Executive Offi-
cer pursuant to subsection (f) below.
Table 2. Test Cycles for Emission Reduction Testing*
Test Type On-Road
FTP Heavy-duty
Transient Cycle (1 cold-
Engine start and 3 hot-starts)
Off-Road (including
portable engines)
Steady-state test
cycle from ARB
off-road regulations
(3 hot-starts)
Stationary
Steady-state test
cycle from ARB
off-road
regulations
(3 hot-starts)
Chassis
UDDS (3 hot-starts)
and a low-speed test
cycle per 2703
(e)(l)(B)(ii)(3
hot-starts).
Not Applicable Not Applicable
* Additional hot-starts are required for NOx emission reductions between 15 to 25
percent (see Section 2703(h)).
FTP = Federal Test Procedure; UDDS = Urban Dynamometer Driving Schedule
(1) On-road Engines and Vehicles. For on-road diesel-fueled ve-
hicles, the applicant may choose between engine dynamometer testing
and chassis dynamometer testing, subject to the following conditions.
Engine testing may be used for verification of an absolute engine emis-
sions level or a percent emission reduction. Chassis testing may be used
only to verify a percent emission reduction. The applicant may use emis-
sion test data to satisfy the durability test data requirement, but must fol-
low the same testing option for the remaining durability tests (see Section
2704).
(A) Engine testing must consist of one cold-start and at least three hot-
start tests using the Federal Test Procedure (FTP) Heavy-duty Transient
Cycle for engines used in on-road applications, in accordance with the
provisions in the Code of Federal Regulations, Title 40, Part 86, Subpart
N.
(B) The applicant must conduct all chassis tests in accordance with the
provisions of the Code of Federal Regulations, Title 40, Part 86, Subpart
N insofar as they pertain to chassis dynamometer testing. Chassis testing
must include two separate test cycles as follows:
1 . At least three hot-start tests using the Urban Dynamometer Driving
Schedule (UDDS) (see Code of Federal Regulations, Title 40, Part 86,
appendix I (d)).
2. Three hot-start tests using a low-speed chassis test cycle represent-
ing urban stop-and-go traffic operation. The test cycle must include a re-
petitive series of idling periods immediately followed by events of maxi-
mum vehicle acceleration. The applicant can propose, for Executive
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Officer approval, a low-speed cycle as applicable to the type of vehicle
and vehicle operation for which the diesel emission control strategy is in-
tended. The Executive Officer will provide examples (e.g.. New York
Bus Cycle) of appropriate test cycles upon request by the applicant dur-
ing the verification process. The applicant may request that the Executive
Officer waive the requirement to conduct the low-speed chassis test. In
reviewing this request, the Executive Officer may consider all relevant
information including, but not limited to, characteristics of the duty
cycles in the emission control group and the principles of operation of the
diesel emission control strategy.
3. The driver must follow the test cycles as closely as possible and must
not deviate beyond the following tolerances (See Code of Federal Regu-
lation, Part 86, Subpart M, 86.1215-85).
(i) The upper limit is 4 miles per hour higher than the highest point on
the trace within 1 second of the given time.
(ii) The lower limit is 4 miles per hour lower than the lowest point on
the trace within 1 second of the given time.
(iii) Speed variations greater than the tolerances (such as may occur
during gear changes or braking spikes) are acceptable, provided they oc-
cur for less than 2 seconds on any occasion and are clearly documented
as to the time and speed at that point of the test cycle.
(iv) Speeds lower than those prescribed are acceptable, provided the
vehicle is operated at maximum available power during such occur-
rences.
(C) For any diesel emission control strategy intended to reduce NOx
from on-road applications, the following requirements apply: (i) The ap-
plicant must identify and discuss the effects of elevated NOx emissions
on the diesel emission control strategy (emissions of NOx that are signifi-
cantly greater than certified levels are said to be elevated, and may result,
for example, from the activation of an AECD that advances fuel injection
timing under cruise conditions). The applicant's discussion must include
effects on emission reduction performance, durability, and safety consid-
erations, how the strategy would respond to elevated NOx emissions that
do not occur at the time the strategy is calibrated, and must be supported
by engineering justification and any pertinent data, (ii) The applicant
must perform three hot-start tests with an additional test cycle that gives
rise to significant periods of elevated NOx emissions, except as provided
below.
1. The applicant may request that the Executive Officer provide assis-
tance with determining an engine or chassis test cycle or may propose a
test cycle for approval by the Executive Officer. The Executive Officer
will evaluate the proposed test cycle based on its representativeness of
real-life operation and consistency with established procedures for de-
termining off-cycle emissions.
2. The applicant may request that the Executive Officer waive the re-
quirement to conduct this additional testing. In reviewing the request, the
Executive Officer may consider all relevant information including, but
not limited to, the principles of operation of the diesel emission control
strategy and the availability of an appropriate test cycle.
(2) Off-road Engines and Equipment (including portable engines).
For off-road diesel-fueled vehicles and equipment, the applicant must
follow the steady-state test procedure outlined in the ARB off-road reg-
ulations (California Code of Regulations, Title 13, Section 2423 and the
incorporated California Exhaust Emission Standards and Test Proce-
dures for New 2000 and Later Off-Road Compression-Ignition Engines,
Part 1-B). A minimum of three hot-start tests must be conducted using
the specified test cycle. Applicants may request that the Executive Offi-
cer consider alternative test cycles, as described in subsection (f).
(3) Stationary Engines. For stationary engines, the applicant must fol-
low the steady-state test procedure outlined in the ARB off-road regula-
tions (as referenced in (2) above). A minimum of three hot-start tests
must be conducted using the specified test cycle. Applicants may request
that the Executive Officer consider alternative test cycles and methods,
as described in subsection (f).
(f) Alternative Test Cycles and Methods. The applicant may request
the Executive Officer to approve an alternative test cycle or method in
place of a required test cycle or method. In reviewing this request, the
Executive Officer may consider all relevant information including, but
not limited to, the following:
(l)-Test procedures specified in airborne toxic control measures
adopted by the ARB, e.g. the Airborne Toxic Control Measure for Sta-
tionary Compression Ignition Engines,
(2) Similarity of average speed, percent of time at idle, average accel-
eration, and other characteristics to the specified test cycle or method and
in-use duty cycle,
(3) Body of existing test data generated using the alternative test cycle
or method,
(4) Technological necessity, and
(5) Technical ability to conduct the required test.
(g) Test Run. The number of tests indicated in Table 2 must be run for
both baseline (without the diesel emission control strategy implemented)
and control configurations. For strategies that include exhaust aftertreat-
ment, engine backpressure and exhaust temperature must be measured
and recorded on a second-by-second basis (1 Hertz) during at least one
baseline ran and each of the control test runs.
(h) Verification of NOx Emission Reductions. The procedure for veri-
fying NOx reductions depends on the magnitude and nature of the
claimed reductions as follows:
(1) For NOx reductions of 25 percent or more below the baseline NOx
emissions, the testing protocol described in (e) may be used.
(2) For NOx reductions of less than 25 percent below the baseline NOx
emissions, additional hot-start test runs are required to attain equivalent
confidence in the results.
(A) For NOx reductions equal to or more than 20 percent, but less than
25 percent, each set of three hot-starts in paragraph (e) above must be
augmented to five hot-starts
(B) For NOx reductions equal to or more than 15 percent, but less than
20 percent, each set of three hot-starts in paragraph (e) above must be
augmented to nine hot-starts.
(i) Emissions During Particulate Filter Regeneration Events. For any
diesel emission control strategy that has a distinct regeneration event,
emissions that occur during the event must be measured and taken into
account when determining the net emission reduction efficiency of the
system. If a regeneration event will not occur during emission testing, ap-
plicants may pre-load the diesel emission control system with diesel PM
to force such an event to occur during testing, subject to the approval of
the Executive Officer. Applicants must provide data or engineering anal-
ysis indicating when events occur on test cycles and in actual operation
(e.g., backpressure data).
(j) Results. For all valid emission tests used to support emission reduc-
tion claims, the applicant must report emissions of total PM, non-meth-
ane hydrocarbons or total hydrocarbons (whichever is used for the rele-
vant engine or vehicle certification), oxides of nitrogen, nitrogen
dioxide, carbon monoxide, and carbon dioxide.
(1) For mobile sources, or for engines tested using an engine dy-
namometer, emissions must be reported in grams/mile (g/mile) or grams/
brake horsepower-hour (g/bhp-hr).
(2) For stationary engines, gaseous and particulate matter emissions
must be reported as required by the test methods approved by the Execu-
tive Officer.
(k) Incomplete and Aborted Tests. The applicant must identify all in-
complete and aborted tests and explain why those tests were incomplete
or aborted.
(/) Additional Analyses. The Executive Officer may require the appli-
cant to perform additional analyses if there is reason to believe that the
use of a diesel emission control strategy may result in the increase of toxic
air contaminants, other harmful compounds, or a change in the nature or
amount of the emitted particulate matter.
(I) In its determination, the Executive Officer may consider all rele-
vant data, including but not limited to the following:
(A) The addition of any substance to the fuel, intake air, or exhaust
stream,
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(B) Whether a catalytic reaction is known or reasonably suspected to
increase toxic air contaminants or ozone precursors,
(C) Results from scientific literature,
(D) Field experience, and
(E) Any additional data.
(2) These additional analyses may include, but are not limited to, mea-
surement of the following:
(A) Benzene
(B) 1 ,3-butadiene
(C) Formaldehyde
(D) Acetaldehyde
(E) Polycyclic aromatic hydrocarbons (PAH)
(F) Nitro-PAH
(G) Dioxins
(H) Furans
(3) The Executive Officer will determine appropriate test methods for
additional analyses in consultation with the applicant.
(m) Quality Control of Test Data. The applicant must provide informa-
tion on the test facility, test procedure, and equipment used in the emis-
sion testing. For data gathered using on-road and off-road test cycles and
methods, applicants must provide evidence establishing that the test
equipment used meets the specifications and calibrations given in the
Code of Federal Regulations, Title 40, Part 86, subpart N.
(n) The Executive Officer may, with respect to any diesel emission
control strategy sold, leased, offered for sale, or manufactured for sale in
California, order the applicant or strategy manufacturer to make avail-
able for testing and/or inspection a reasonable number of diesel emission
control systems, and may direct that they be delivered at the applicant's
expense to the state board at the Haagen-Smit Laboratory, 9528 Telstar
Avenue, El Monte, California or where specified by the Executive Offi-
cer. The Executive Officer may also, with respect to any diesel emission
control strategy being sold, leased, offered for sale, or manufactured for
sale in California, have an applicant test and/or inspect a reasonable num-
ber of units at the applicant or manufacturer's facility or at any test labo-
ratory under the supervision of the Executive Officer.
NOTE: Authority cited: Sections 39002, 39003, 39500, 39600, 39601,
39650-39675, 40000, 43000, 43000.5, 43011, 43013, 43018, 43105, 43600 and
43700, Health and Safety Code. Reference: Sections 39650-39675, 43000,
43009.5, 43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5,
Health and Safety Code; and Title 17 California Code of Regulations Section
93000.
History
1 . New section filed 5-12-2003; operative 6-1 1-2003 (Register 2003, No. 20).
2. Amendment of subsections (e)(2)-(3), new subsection (f)(1) and subsection re-
numbering filed 12-2-2004; operative 1-1-2005 (Register 2004, No. 49).
3. Amendment of subsections (b) and (c) filed 2-9-2007; operative 2-9-2007 pur-
suant to Government Code section 1 1343.4 (Register 2007, No. 6).
§ 2704. Durability Testing Requirements.
(a) The applicant must demonstrate, to the satisfaction of the Execu-
tive Officer, the durability of the applicant's diesel emission control strat-
egy through an actual field or laboratory-based demonstration combined
with chassis or engine dynamometer-based emission tests. If the appli-
cant chooses a laboratory-based durability demonstration, an additional
field demonstration will be required to demonstrate in-field compatibili-
ty (pursuant to Section 2705). If the applicant has demonstrated the dura-
bility of the identical system in a prior verification or has demonstrated
durability through field experience, the applicant may request that the
Executive Officer accept the previous demonstration in fulfillment of
this requirement. In evaluating such a request, the Executive Officer may
consider all relevant information including, but not limited to, the simi-
larity of baseline emissions and application duty cycles, the relationship
between the emission control group used in previous testing and the cur-
rent emission control group, the number of engines tested, evidence of
successful operation and user acceptance, and published reports.
(b) Engine Selection. Subject to the approval of the Executive Officer,
the applicant may choose the engine and application to be used in the du-
rability demonstration. The engine and application must be representa-
tive of the emission control group for which verification is sought. The
selected engine need not be the same as the engine used for emission test-
ing, but if the applicant does use the same engine, the emission testing
may also be used for the initial durability tests. Emissions of NO2 from
the emissions test engine must not exceed 1 5 percent of the total baseline
NOx emissions by mass. If there is a special category of engines with
NO2 emission levels that normally exceed 15 percent, this requirement
may be adjusted for those engines at the discretion of the Executive Offi-
cer.
(c) Test Fuel.
(1) The test fuel must meet the specifications in the California Code
of Regulations (Sections 2280 through 2283 of Title 13), with the excep-
tion of the sulfur content or other properties previously identified by the
applicant and approved by the Executive Officer.
(2) If operation or performance of a diesel emission control strategy
is affected by fuel sulfur content, the sulfur content of the test fuel must
be no less than 66 percent of the stated maximum sulfur content for the
diesel emission control strategy, unless
(A) the testing is performed with fuel containing 15 ppmw or less sul-
fur for verification on 15 ppmw or less sulfur diesel fuel, or
(B) the testing is performed with diesel fuel commercially available in
California for verification on CARB diesel fuel (i.e., fuel meeting the
specifications in Title 13, California Code of Regulations, Sections 2280
through 2283).
(3) Baseline testing may be conducted with commercially available
diesel fuel or diesel fuel with 1 5 ppmw or less sulfur. Baseline and control
tests must be performed using the same fuel unless the control fuel is spe-
cified as a component of the emission control strategy.
(4) The test fuel (or batch of fuel purchased) must be analyzed using
American Society for Testing and Materials (ASTM) test methods listed
in Table 6 (See Section 2710), which are incorporated herein by refer-
ence. At a minimum, sulfur content, aromatic content, polycyclic aro-
matic hydrocarbons, nitrogen content, and cetane number must be re-
ported. The Executive Officer may ask for additional properties to be
reported if evidence suggests those properties may affect functioning of
the diesel emission control strategy.
(d) Service Accumulation. The durability demonstration consists of an
extended service accumulation period in which the diesel emission con-
trol strategy is implemented in the field or in a laboratory, with emission
reduction testing before and after the service accumulation. Service ac-
cumulation begins after the first emission test and concludes before the
final emission test. The pre-conditioning period required in Section 2703
(c) cannot be used to meet the service accumulation requirements.
(1) Minimum Durability Demonstration Periods. The minimum dura-
bility demonstration periods are shown in Table 3, below. For strategies
that include exhaust aftertreatment, engine backpressure and exhaust
temperature must be measured and recorded for 1000 hours or over the
entire durability period (whichever is shorter). The applicant may pro-
pose a sampling scheme for approval by the Executive Officer. The sam-
pling scheme may include, but is not limited to, logging only significant
changes in a parameter, averages, or changes above some threshold val-
ue. Data must be submitted electronically in columns as a text file or
another format approved by the Executive Officer.
Table 3. Minimum Durability Demonstration Periods
Minimum Durability
Engine Type
Demonstration Period
On-Road
50,000 miles or
1000 hours
Off-Road (including
portable engines)
and Stationary
1000 hours
Stationary
Emergency
Standby Engines
500 hours
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§2704
(2) Fuel for Durability Demonstrations. The fuel used during durabili-
ty demonstrations should be equivalent to the test fuel, or a fuel with
properties less favorable to the durability of the emission control strate-
gy. Durability demonstrations may, at the applicant's option and with the
Executive Officer's approval, include intentional misfueling events so
that data on the effects of misfueling may be obtained.
(e) Third-Party Statement for In-field Durability Demonstrations. For
in-field durability demonstrations, the applicant must provide a written
statement from an Executive Officer approved third party, such as the
owner or operator of the vehicle or equipment used, at the end of the dura-
bility period. The statement must describe overall performance, mainte-
nance required, problems encountered, and any other relevant com-
ments. The results of a visual inspection conducted by the third party at
the end of the demonstration period must also be described. The descrip-
tion should comment on whether the diesel emission control strategy is
physically intact, securely mounted, leaking any fluids, and should in-
clude any other evaluative observations.
(f) Test Cycle. Testing requirements are summarized in Table 4. Note
that the same cycle(s) must be used for both the initial and final tests.
(1) On-Road Applications. The applicant must perform either chassis
or engine dynamometer-based testing before beginning and after
completion of the service accumulation as specified in Table 4. A mini-
mum of three hot-start tests are required for chassis testing while a mini-
mum of one cold-start and three hot-start tests are required for engine
testing. Chassis testing requires an additional three hot-starts on a low-
speed cycle as described in Section 2703(e)(l)(B)2. As indicated in Sec-
tion 2703(e)(l)(B)2., the applicant may request the Executive Officer to
waive the tests on a low-speed cycle. If a field durability demonstration
is selected, the applicant must perform chassis dynamometer testing, or
request that the Executive Officer consider engine dynamometer testing.
In reviewing the request, the Executive Officer may consider all relevant
information, including, but not limited to the following:
(A) Similarity of the field vehicle's engine to the laboratory engine,
and
(B) Similarity of the diesel emission control system's calibration and
set-up when installed on the field vehicle to that when installed on the
laboratory engine.
(2) Off-road and Stationary Applications. The applicant must use the
same cycle for the emission reduction testing as defined in Section 2703.
A minimum of three hot-start tests is required.
(g) Test Run. The requirements for emissions reduction testing are
summarized in Table 4, below. Note that special pre-conditioning re-
quirements may apply. See section 2706(a)(4) for details.
(1) The diesel emission control strategy must undergo one set of emis-
sion tests before beginning and after completion of the service accumula-
tion. Baseline testing with test repetitions as indicated in Table 4 must be
conducted for either the initial test or the final test, but is suggested for
both. If there are substantial test data from previous field studies or field
demonstrations, applicants may request that the Executive Officer con-
sider these in place of the initial emission tests.
(2) As an alternative to testing a single unit before and after the service
accumulation period, the applicant may request that the Executive Offi-
cer consider the testing of two identical units, one that has been precondi-
tioned and another that has completed the service accumulation period.
In reviewing the request, the Executive Officer may consider all relevant
information, including, but not limited to, the following:
(A) The effect of the diesel emission control strategy on engine opera-
tion over time. Strategies that cause changes in engine operation are like-
ly not to qualify for this testing option.
(B) The quality of the evidence the applicant can provide to support
that the two units are identical,
(C) Previous experience with similar or related technologies, and
(D) Whether the applicant is participating in the U.S. EPA verification
process and has made an agreement with U.S. EPA to test two units.
(3) For strategies that include exhaust aftertreatment, engine back-
pressure and exhaust temperature must be measured and recorded on a
second-by-second basis (1 Hertz) during at least one baseline run and
each of the control test runs.
Table 4. Emission Tests Required for Durability Demonstrations
Application Test Type
Initial Test (prior to sen>ice accumulation)
Final Test (after completion of J 00% of the
service accumulation)
Eneine
On-Road
FTP Heavy-duty Transient Cycle
(1 cold and 3 hot-starts)
Chassis UDDS (3 hot-starts) and a
low-speed cycle per 2703 (e)(l)(B)2.
(3 hot-starts)
Off-Road and
portable Engine
engines
Steady-state test cycle from
ARB off-road regulations or an
alternative cycle (3 hot-starts)
Stationary Engine
Steady-state lest cycle from ARB
off-road regulations or an alternative
cycle (3 hot-starts)
(h) Maintenance During Durability Demonstration. Except for emer-
gency engine repair, only scheduled maintenance on the engine and die-
sel emission control system and re-fill of additives (if any) may be per-
formed during the durability demonstration. If normal maintenance
includes replacement of any component of the diesel emission control
system, the time (miles, years, or hours) between component change or
refill must be reported with the results of the demonstration.
(i) Performance Requirements. The diesel emission control strategy
must meet the following requirements throughout the durability demon-
stration period:
(1) If the applicant claims a percent emission reduction, the percent
emission reduction must meet or exceed the initial verified percent emis-
sion reduction level.
(2) If the applicant claims to achieve 0.01 g/bhp-hr for PM, the PM
emission level must not exceed 0.01 g/bhp-hr.
(3) The diesel emission control system must maintain its physical in-
tegrity. Its physical structure and all of its components not specified for
regular replacement during the durability demonstration period must re-
main intact and fully functional.
(4) The diesel emission control strategy must not cause any damage
to the engine, vehicle, or equipment.
(5) The backpressure caused by the diesel emission control strategy
should not exceed the engine manufacturer' s specified limits, or must not
result in any damage to the engine.
(6) No maintenance of the diesel emission control system beyond that
specified in its owner's manual will be allowed without prior Executive
Officer approval.
(j) Conditional Verification for Off-road and Stationary Applications.
If the Executive Officer determines that the diesel emission control strat-
egy is technologically sound and appropriate for the intended applica-
tion, he may grant a conditional verification for off-road and stationary
applications upon completion of 33 percent of the minimum durability
period. In making this determination, the Executive Officer may consider
all relevant information including, but not limited to, the following: the
design of the diesel emission control system, filter and catalyst substrates
used, similarity of the system under consideration to verified systems, the
intended application of the diesel emission control system, other relevant
testing data, and field experience. Where conditional verification is
granted, full verification must be obtained by completing the durability
testing and all other remaining requirements. These requirements must
be completed within a year after receiving conditional verification if lab-
oratory testing is chosen and within three years if field testing is chosen.
For the aforementioned time periods, conditional verification is equiva-
lent to verification for the purposes of satisfying the requirements of in-
use emission control regulations.
(k) Failure During the Durability Demonstration Period. If the diesel
emission control strategy fails to maintain its initial verified percent
emission reduction or emission level for any reason, the Executive Offi-
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cer may downgrade the strategy to the verification level which corre-
sponds to the lowest degraded performance observed in the durability
demonstration period. If the diesel emission control strategy fails to
maintain at least a 25 percent PM reduction or 1 5 percent NOx reduction
at any time during the durability period, the diesel emission control strat-
egy will not be verified. If the diesel emission control strategy fails in the
course of the durability demonstration period, the applicant must submit
a report explaining the circumstances of the failure within 90 days of the
failure. The Executive Officer may then determine whether to deny veri-
fication or allow the applicant to correct the failed diesel emission control
strategy and either continue the durability demonstration or begin a new
durability demonstration.
NOTE: Authority cited: Sections 39002, 39003, 39500, 39600, 39601,
39650-39675. 40000, 43000, 43000.5, 43011, 43013. 43018. 43105, 43600 and
43700, Health and Safety Code. Reference: Sections 39650-39675, 43000,
43009.5, 43013, 4301 8, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5,
Health and Safety Code; and Title 17 California Code of Regulations Section
93000.
History
1. New section filed 5-12-2003; operative 6-1 1-2003 (Register 2003, No. 20).
2. Amendment of subsection (d)(1), redesignation of portions of subsection (g) as
new subsections (g)(1) and (g)(3) and new subsections (g)(2)-(g)(2)(D) filed
12-2-2004; operative 1-1-2005 (Register 2004, No. 49).
3. Amendment of subsections (b) and (g) filed 2-9-2007: operative 2-9-2007 pur-
suant to Government Code section 1 1343.4 (Register 2007, No. 6).
§ 2705. Field Demonstration Requirements.
(a) The applicant must demonstrate compatibility of its diesel emis-
sion control strategy in the field with at least one vehicle or piece of
equipment belonging to the initial emission control group for which it
seeks verification. Note that if the durability demonstration selected by
the applicant is in-field, it may be used to satisfy the field demonstration
requirement for that emission control group.
(1) Compatibility is determined by the Executive Officer based on the
third-party statement (see part (c) of this section) and any other data sub-
mitted including backpressure data. A diesel emission control strategy is
compatible with the chosen application if it:
(A) Does not cause damage to the engine or engine malfunction
(B) Does not cause backpressure outside of the engine manufacturer's
specified limits or which results in any damage to the engine
(C) Does not hinder or detract from the vehicle or equipment's ability
to perform its normal functions
(D) Is physically intact and well mounted with no signs of leakage or
other visibly detectable problems
(2) To determine whether additional emission control groups require
separate field demonstrations, the Executive Officer may consider all
relevant information, including, but not limited to existing field experi-
ence and engineering justification and analysis.
(b) Test Period.
(1) For on- and off-road engines, and stationary engines not used in
emergency generators, a vehicle or piece of equipment must be operated
with the diesel emission control strategy installed for a minimum period
of 200 hours or 10,000 miles, whichever occurs first.
(2) For stationary emergency standby engines, the emission control
system must remain in the field for at least 30 days and operation must
include:
(A) 12 maintenance runs (allowing for engine cool down between
runs), and
(B) a minimum of two separate 4 hour sessions where the engine is op-
erated under load (allowing engine cool down between runs).
(c) Reporting Requirements.
(1) For strategies that include exhaust aftertreatment, engine back-
pressure and exhaust temperature must be measured and recorded over
the entire demonstration period. The applicant may propose a sampling
scheme for approval by the Executive Officer. The sampling scheme may
include, but is not limited to, logging only significant changes in a param-
eter, averages, or changes above some threshold value. Data must be sub-
mitted electronically in columns as a text file or another format approved
by the Executive Officer.
(2) The applicant must provide a written statement from a third party
approved by the Executive Officer, such as the owner or operator of the
vehicle or equipment used in the field demonstration. The written state-
ment must be provided at the end of the test period and must describe the
following aspects of the field demonstration: overall performance of the
test application and the diesel emission control strategy, maintenance
performed, problems encountered, and any other relevant information.
The results of a visual inspection conducted by the third party at the end
of the demonstration period must also be described. The description
should comment on whether the diesel emission control strategy is physi-
cally intact, securely mounted, leaking any fluids, and should include any
other evaluative observations.
(d) Failure During the Field Demonstration. If the diesel emission con-
trol strategy fails in the course of the field demonstration, the applicant
must submit a report explaining the circumstances of the failure within
90 days of the failure. The Executive Officer may then determine wheth-
er to deny verification or allow the applicant to correct the failed diesel
emission control strategy and either continue the field demonstration or
begin a new field demonstration.
NOTE: Authority ciled: Sections 39002, 39003, 39500, 39600, 39601,
39650-39675, 40000, 43000, 43000.5. 4301 1, 43013, 43018, 43105, 43600 and
43700, Health and Safety Code. Reference: Sections 39650-39675, 43000,
43009.5, 43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5,
Health and Safety Code; and Title 17 California Code of Regulations Section
93000.
History
1 . New section filed 5-12-2003; operative 6-1 1-2003 (Register 2003, No. 20).
2. Amendment of subsection (b)(2) filed 12-2-2004; operative 1-1-2005 (Regis-
ter 2004, No. 49).
§ 2706. Other Requirements.
(a) Limit and Procedure for Measuring Nitrogen Dioxide (NO2).
(1) In order for a diesel emission control strategy to be verified, effec-
tive January 1, 2007, the diesel emission control strategy must not in-
crease emissions of NO2 by more than an increment equivalent in mass
to 30 percent of the baseline NOx emission level. Effective January I,
2009, the increment is reduced to 20 percent of the baseline NOx emis-
sion level. The average of NO2 emission levels from both the initial and
final emissions tests described in Section 2704(g) is used to determine
compliance with the NO2 limit. For chassis dynamometer testing, only
the NO2 emission level over the UDDS cycle is used. The first NO2 emis-
sion limit takes effect beginning on January 1, 2007. Diesel emission
control strategies verified and installed prior to January 1, 2007 are ex-
empted from this requirement. Those verified prior to January 1, 2007
will no longer be allowed for installation after January 1, 2007 unless
they meet the appropriate NO2 emission limit. After January 1, 2007, all
diesel emission control strategies verified and installed must meet this re-
quirement.
(2) NO2 emissions are to be quantified by one of the following meth-
ods:
(A) Two chemiluminescence analyzers,
(B) A dual-path chemiluminescence analyzer, or
(C) An alternative method approved by the Executive Officer.
(3) Analyzer configuration and determination of NO2 emission level.
For (2)(A) and (2)(B), the analyzers are to be fed from a heated and condi-
tioned sample path. If two chemiluminescence analyzers are employed,
they are to be simultaneously fed from a common heated sample path.
One instrument (or path) shall be set to NOx mode, while the second shall
be set to nitric oxide (NO) mode. The instrument (or path) set to NOx
mode receives a sample that has passed through an N02-to-NO convert-
er, and the resultant concentration is designated as total NOx (NO+NO2)
in the sample. The instrument (or path) that is set to NO mode receives
a sample that has not passed through the converter and quantifies the
amount of NO only. The difference between NO and NOx is the amount
of NO2 in the sample. Both NO and NOx signals are recorded by an exter-
nal data acquisition system at 1 Hertz. Using the average concentrations
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of NO and NOx over the entire test cycle, the conventional equation for
calculating total NOx (Code of Federal Regulations, Title 40, part 86,
Subpart N) is then used to generate a gram per mile or g/bhp-hr value for
both NO and NOx. The resulting value for NO is then subtracted from
that for NOx to determine the gram per mile or g/bhp-hr value for NO2.
The instrument for measuring NO and NOx must be calibrated in accor-
dance with the NOx calibration procedure as described in the Code of
Federal Regulations, Title 40, part 86, Subpart N.
(4) Pre-conditioning requirements. If the Executive Officer deter-
mines that NO2 emissions from a diesel emission control system could
be affected by the presence of particulate matter or ash (as with a cata-
lyzed diesel particulate filter), the system must be preconditioned ac-
cording to the following procedure:
(A) Initial test (prior to service accumulation). Before conducting the
initial emissions test, the unit being tested must be pre-conditioned as
follows:
1. Install the unit on an engine that is an appropriate size for the unit,
in a good state of maintenance, and certified to a PM standard equal to
or more stringent than that of the engines in the emission control group
for which the applicant seeks verification.
2. Operate the engine on one of the test cycles specified below for 25
to 30 hours. For on-road verifications, use either the FTP (hotstart) or
UDDS cycle as identified in 2703(e), or the 13-mode Supplemental
Emissions Test (SET) in the Code of Federal Regulations, Title 40, Part
86. For off-road and stationary verifications, use either the steady-state
test cycle from ARB off-road regulations or the Nonroad Transient
Cycle (NRTC) in the Code of Federal Regulations, Title 40, Part 1039.
For up to 10 hours of the 25 to 30 hour period, an applicant may alterna-
tively:
a. Run the engine at high load such that the exhaust temperature is be-
tween 350 and 450 degrees Celsius, or
b. Alternate back and forth between high and low loads such that the
exhaust temperature never exceeds 525 degrees Celsius and the low load
operation does not result in significant soot accumulation at the end of
the pre-conditioning period.
3. Measure and record the backpressure on a second-by-second basis
(1 Hertz) for at least the first three of the repeated test cycles (when the
unit is brand new) and the last three (which follow the optional high load
operation of up to 10 hours). Determine the average backpressure for
each run.
4. Following the 25 to 30 hour period of operation, run three test repeti-
tions (hot-start) of the emissions test cycle with the unit installed on the
emissions test engine. If using a chassis dynamometer, run the UDDS.
For each run, measure and record the backpressure on a second-by-se-
cond basis (I Hertz) and determine the average. Proceed with the emis-
sions test.
(B) Final test (after the service accumulation). Before conducting the
final emissions test, the aged unit may need to be pre-conditioned. Run
three repetitions (hot-start) of the emissions test cycle with the unit
installed on the emissions test engine. If using a chassis dynamometer,
run the UDDS. For each run, measure and record the backpressure on a
second-by-second basis (1 Hertz) and determine the average. Proceed
with the emissions test if the average backpressure is within 30 percent
of the average backpressure recorded for the initial test unit. If the back-
pressure is too high, burn off excess soot or clean out excess ash as neces-
sary. Run an additional repetition of the emissions test cycle (hot-start)
to check if the unit complies with the backpressure criterion. Repeat as
necessary.
(C) In-use compliance testing. Before conducting the first phase of in-
use compliance emissions testing, the test units may need to be precondi-
tioned. Using the required test cycle, measure and record the backpres-
sure on a second-by-second basis (1 Hertz) of a cleaned (or
pre-conditioned per subsection (A) above) reference unit installed on the
engine to be used for in-use compliance testing. The reference unit must
be identical to the test units. Measure and record the backpressure of the
test units retrieved from the field using the same engine and test cycle as
used with the reference unit. If the backpressure of the test units is within
30 percent of the average backpressure recorded for the reference unit,
they do not require preconditioning. Otherwise, the test units must be
pre-conditioned following subsection (B) above. Other units may not be
substituted for the selected test units.
(5) Determination of compliance with the NO2 limit. Compliance with
the NO2 limit is based on the average incremental increase in NO2 emis-
sions as determined by the following equation:
Percent Increase = 100% x 0.5 x [(N02 ' - N02 b)+(N02 f- N02 b)]
/NOxb
Where "NO2" and "NOx" stand for the mass-based emission rates of
NO2 and NOx, respectively, as determined in subsection (a)(3) above,
and the superscripts "i", "f", and "b" stand for "initial test", "final test",
and "baseline test", respectively. For in-use compliance testing, the
equation is:
Percent Increase = 100% x (N02 c - N02 b) / NOxb
Where the superscript "c" stands for the in-use compliance emissions
testing conducted with the unit installed on the test engine.
(6) Alternative Method to Measure NO2. The applicant may request
the Executive Officer to approve an alternative method in place of the re-
quired methods. In reviewing this request, the Executive Officer may
consider all relevant information including, but not limited to, the follow-
ing:
(A) Correlation of the alternative method with the methods stated in
2(A) or 2(B).
(B) Body of existing data generated using the alternative method,
(b) Limits on Other Pollutants.
(1) Limits on non-methane hydrocarbon (NMHC) and NOx. In order
for a diesel emission control strategy to be verified, the applicant must
comply with one of the following:
(A) The diesel emission control strategy must not increase the emis-
sions of either NMHC or NOx by more than ten percent of the baseline
emissions level as reported under section 2708 (a), or
(B) For strategies verified prior to July 1 , 2006, the applicant must pro-
vide sufficient evidence to demonstrate that the sum of NMHC and NOx
emissions with the strategy implemented does not exceed the baseline
emission level sum of NMHC and NOx as reported under Section
2708(a); or
(C) For strategies verified on or after July 1 , 2006, the applicant must
provide atmospheric modeling data which indicates that widespread use
of the strategy will not result in an increase in exposure of the public to
ozone. The atmospheric model employed must be approved in advance
by the Executive Officer.
(2) Limit on CO.
(A) On-road and Off-road (including portable) Engines. In order for
a diesel emission control strategy to be verified, the diesel emission con-
trol strategy must not increase the emissions of CO greater than the cur-
rent CO emission standards for new diesel engines adopted by the Air Re-
sources Board and in effect at the time of verification.
(B) Stationary Engines. In order for a diesel emission control strategy
to be verified, the diesel emission control strategy must either:
1. Meet the applicable CO standard for off-road engines of the same
model year and maximum rated power as specified in the Off-Road
Compression-Ignition Engine Standards (title 13, CCR, section 2423).
If no standards have been established for an off-road engine of the same
model year and maximum rated power as the stationary diesel-fueled CI
engine, then the stationary diesel-fueled CI engine shall meet the Tier 1
standard in title 1 3, CCR, section 2423 for an off-road engine of the same
maximum rated power, irrespective of the stationary diesel-fueled CI en-
gine's model; Or
2. Not increase the emissions of CO by more than 10 percent of the
baseline emissions level as reported under section 2708(a).
(3) Limit on Ammonia (NH3). In order for a diesel emission control
strategy to be verified, the diesel emission control strategy must not in-
crease the emissions of ammonia to a level greater than 25 parts per mil-
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BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
lion by volume on average over any test cycle used to support emission
reduction claims.
(A) Emissions of ammonia are to be quantified with a method subject
to approval by the Executive Officer which employs Fourier Transform
Infrared (FTIR) spectroscopy. The applicant may request the Executive
Officer to approve an alternative method in place of the required method.
In reviewing this request, the Executive Officer may consider all relevant
information including, but not limited to, consistency with the method re-
quired by U.S. EPA and the body of existing data generated using the al-
ternative method.
(B) If an applicant does not expect its diesel emission control strategy
to increase emissions of ammonia, the applicant may request that the
Executive Officer waive the requirement to conduct testing for ammonia
emissions. In reviewing the request, the Executive Officer may consider
all relevant information including, but not limited to, the principles of op-
eration of the diesel emission control strategy, the existence of a mecha-
nism for ammonia formation, and published emissions data from similar
technologies.
(C) The strategy must be in compliance with applicable federal, state,
and local government requirements relating to ammonia emissions,
which may be more stringent than the limit presented here.
(4) Other Pollutants. In order for a diesel emission control strategy to
be verified, the diesel emission control strategy must not increase the
emissions of other pollutants by more than ten percent of the baseline
emission level as reported under Section 2708(a).
(c) Fuel Additives. Diesel emission control strategies that use fuel ad-
ditives must meet the following additional requirements for verification.
Fuel additives must be used in combination with a level 3 diesel particu-
late filter unless they can be proven to the satisfaction of the Executive
Officer to be safe for use alone. In addition, the applicant must meet the
following requirements:
(1) The applicant must submit the exact chemical formulation of the
fuel additive,
(2) Diesel emission control systems employing the dosing of an addi-
tive in conjunction with a diesel particulate filter must include an on-
board monitor of the additive level in the reservoir, integrated with the
diesel particulate filter. The on-board monitor for fuel additive must in-
clude indicators to notify the operator when the additive level becomes
low and when the additive tank is empty. In addition, the on-board moni-
tor must be capable of shutting off the supply of additive, if there is a de-
tected diesel particulate filter problem,
(3) The applicant must submit to the Executive Officer environmental,
toxicological, epidemiological, and other health-related data pertaining
to the fuel additive every two years. The Executive Officer will review
the data, including any new information, and may revoke the verification
if the data indicate that the fuel additives cause, or are linked, to negative
environmental, or health consequences.
(4) The applicant must conduct additional emission tests of fuel addi-
tives.
(A) Except as provided in (B) below, the additional emission tests
must follow the same test procedures, test cycles, and number of test runs
as indicated in Section 2703, except that the concentration of the additive
must be at least 50 ppm or 10 times higher than that specified for normal
use, whichever is highest. In all other respects, the additive in the high
concentration test solutions must be identical to that in the fuel additive
submitted for verification.
(B) The applicant may petition to use a concentration less than that re-
quired in (A), above, if the higher dose would result in catastrophic dam-
age to the engine. The applicant must supply information on the failure
modes, and the level of the additive that would trigger failure. The appli-
cant must also supply information and data supporting the highest feasi-
ble dose for testing. An increase in emissions is not by itself sufficient to
justify a dose lower than that required in (A), above, and must be corre-
lated to potential engine damage. After reviewing this information and
any other relevant information, the Executive Officer shall determine if
testing at a lower level could be accepted, or if testing must be conducted
at 50 ppm or ten times the specified dose rate as required in (A).
(5) Fuel additives must be in compliance with applicable federal, state,
and local government requirements. This requirement includes, but is not
limited to, registration of fuel additives with the U.S. EPA.
(d) Engine Backpressure and Monitoring. During the emission and du-
rability testing, the applicant must demonstrate that the backpressure
caused by its diesel emission control system is within the engine
manufacturer's specified limits, or will not result in any damage to the
engine. Furthermore,
(1) If operation of the engine with the diesel emission control system
installed will result in a gradual build-up of backpressure exceeding the
engine's specified limits over time (such as due to the accumulation of
ash in a filter), information describing how the backpressure will be re-
duced must be included.
(2) All filter-based diesel emission control systems must be installed
with a backpressure monitor to notify the operator when the high back-
pressure limit, as specified by the engine manufacturer or included in the
verification, is approached. The applicant must identify the high back-
pressure limits of the system in its application for verification.
(3) The Executive Officer reserves the right to require monitors that
identify low backpressure limits in those cases where failures leading to
low backpressure are unlikely to be detected, or have the potential to
cause environmental damage beyond that caused by the engine prior to
being equipped with the emission control strategy (e.g., systems that
introduce additives into the fuel).
(e) Fuel and Oil Requirements. The applicant must specify the fuel and
lubricating oil requirements necessary for proper functioning of the die-
sel emission control system. The applicant must also specify any conse-
quences that will be caused by failure to comply with these requirements,
as well as methods for reversing any negative consequences.
(f) Maintenance Requirements. The applicant must identify all normal
maintenance requirements for the diesel emission control system. The
applicant must specify the recommended intervals for cleaning and/or re-
placing components. Any components to be replaced within the defects
warranty period must be covered with the original diesel emission con-
trol system package or provided free of charge to the customer at the ap-
propriate maintenance intervals. Any normal maintenance items that the
applicant does not intend to provide free of charge must be approved by
the Executive Officer (the applicant is not required to submit cost in-
formation for these items). In addition, the applicant must specify proce-
dures for proper handling of spent components and/or materials cleaned
from the diesel emission control system. If any such materials are hazard-
ous, the applicant must identify them as such in the owner's manual. For
filter-based diesel emission control strategies, the applicant must include
procedures for resetting any backpressure monitors after maintenance
procedures are completed.
(g) System Labeling.
( 1 ) The applicant must ensure that a legible and durable label is affixed
on both the diesel emission control system and the engine on which the
diesel emission control system is installed except as noted in (3) below.
The required labels must identify the name, address, and phone number
of the manufacturer, the diesel emission control strategy family name
(defined in (2) below), a unique serial number, and the month and year
of manufacture. The month and year of manufacture are not required on
the label if this information can be readily obtained from the applicant by
reference to the serial number. A scale drawing of a sample label must
be submitted with the verification application. Unless an alternative is
approved by the Executive Officer, the label information must be in the
following format:
Name, Address, and Phone Number of Manufacturer
Diesel Emission Control Strategy Family Name
Product Serial Number
ZZ-ZZ (Month and Year of manufacture, e.g., 06-02)
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(2) Diesel Emission Control Strategy Family Name. Eachdiesel emis-
sion control strategy shall be assigned a family name defined as below:
CA/MMM/YYYY/PM#/N##/APP/XXXXX
CA: Designates a diesel emission control strategy verified in Califor-
nia
MMM: Manufacturer code (assigned by the Executive Officer)
YYYY: Year of verification
PM#: PM verification level 1, 1+, 2, 2+, 3, or 3+ (e.g., PM3 means a
level 3 PM emission control system).
N##: NOx verified reduction level in percent, if any (e.g., N25 means
NOx reduction of 25 percent).
APP: Verified application which may include a combination of On-
road (ON), Off-road (OF), or Stationary (ST)
XXXXX: Five alphanumeric character code issued by the Executive
Officer
(3) The applicant may request that the Executive Officer approve an
alternative format or waive the requirement to affix a label to the diesel
emission control system or engine as described in this section. In review-
ing this request, the Executive Officer may consider all relevant informa-
tion including, but not limited to, the informational content of an alterna-
tive label as proposed by the applicant.
(h) Additional Information. The Executive Officer may require the ap-
plicant to provide additional information about the diesel emission con-
trol strategy or its implementation when such information is needed to
assess environmental impacts associated with its use.
(i) Owner's Manual. The applicant must provide a copy of the diesel
emission control system owner's manual, which must clearly specify at
least the following information:
(1) Warranty statement including the warranty period over which the
applicant is liable for any defects.
(2) Installation procedure and maintenance requirements for the diesel
emission control system.
(3) Possible backpressure range imposed on the engine.
(4) Fuel consumption penalty, if any.
(5) Fuel requirements including sulfur limit, if any.
(6) Handling and supply of additives, if any.
(7) Instructions for reading and resetting the backpressure monitor.
(8) Requirements for lubrication oil quality and maximum lubrication
oil consumption rate.
(9) Contact information for replacement components and cleaning
agents.
(10) Contact information to assist an end-user to determine proper
ways to dispose of waste generated by the diesel emission control strate-
gy (e.g., ash accumulated in filter-based systems). At a minimum, the
owner's manual should indicate that disposal must be in accordance with
all applicable Federal, State and local laws governing waste disposal.
(j) Noise Level Control. Any diesel emission control system that re-
places a muffler must continue to provide at a minimum the same level
of exhaust noise attenuation as the muffler with which the vehicle was
originally equipped by the vehicle or engine manufacturer. Applicants
must ensure that the diesel emission control system complies with all ap-
plicable noise limits contained in Part 205, Title 40, Code of Federal Reg-
ulations and California Vehicle Code, Sections 271 50, 27151 and 27200
through 27207, for the gross vehicle weight rating and year of manufac-
ture of the vehicle for which the diesel emission control strategy is in-
tended. All diesel emission control systems must be in compliance with
applicable local government requirements for noise control.
(k) Multimedia Assessment for Fuel Strategies. Diesel emission con-
trol strategies which rely on fuel changes either through use of additives
or through use of alternative diesel fuels must undergo an evaluation of
the multimedia effects. No diesel emission control strategy that relies on
the use of an additive or an alternative fuel may be verified unless a multi-
media evaluation of the additive or alternative fuel has been conducted
and the California Environmental Policy Council established by Public
Resources Code section 71017 has determined that such use will not
cause a significant adverse impact on the public health or the environ-
ment, pursuant to Health and Safety Code section 43830.8. No person
shall sell, offer for sale, supply or offer for supply an alternative fuel or
a diesel fuel in California that contains an additive for use in a verified
diesel emission control strategy unless such a multimedia evaluation has
been conducted and resulted in a determination that use of the alternative
fuel or additive will not cause a significant adverse impact on the public
health and the environment. The applicant shall bear the expense of con-
ducting the multimedia assessment.
(/) Verification of a diesel emission control strategy by the Air Re-
sources Board does not release the applicant from complying with all oth-
er applicable legal requirements.
NOTE: Authority cited: Sections 39002, 39003, 39500, 39600, 39601,
39650-39675. 40000, 43000, 43000.5, 43011, 43013, 43018, 43105, 43600,
43700 and 43830.8, Health and Safety Code. Reference: Sections 39650-39675,
43000, 43009.5, 43013, 43018, 43 I 01, 43104, 43105, 43106, 43107,
43204-43205.5 and 43830.8, Health and Safety Code; Section 71017. Public Re-
sources Code; and Title 17 California Code of Regulations Section 93000.
History
1. New section filed 5-12-2003; operative 6-1 1-2003 (Register 2003, No. 20).
2. Amendment of subsections (a)( 1 ) and (a)(3), redesignation of portion of subsec-
tion (b)(2) as new subsection (b)(2)(A) and new subsections
(b)(2)(B)-(b)(2)(B)2. filed 12-2-2004; operative 1-1-2005 (Register 2004,
No. 49).
3. Amendment of subsections (a)(1) and (a)(3), new subsections (a)(4)-(a)(5),
subsection renumbering, amendment of subsection (g)(2) and new subsection
(/) filed 2-9-2007; operative 2-9-2007 pursuant to Government Code section
1 1 343.4 (Register 2007, No. 6).
§ 2707. Warranty Requirements.
(a)(1) Product Warranty.
(A) The applicant must warrant to all owners, for ownership within the
warranty period and lessees, for lease contracts within the warranty peri-
od, that its verified diesel emission control strategy is free from defects
in design, materials, workmanship, or operation of the diesel emission
control strategy which cause the diesel emission control strategy to fail
to conform to the emission control performance level it was verified to,
or to the other requirements of Sections 2700-2706, and 2710 for the
minimum periods shown in Table 5, provided the operation of and condi-
tions of use for the vehicle, equipment, engine, and diesel emission con-
trol strategy conform with the operation and conditions specified in the
ARB's Executive Order.
(B) For each engine type and size listed in Table 5, the minimum de-
fects warranty period is terminated by that listed event which occurs first.
The warranty must cover the full repair or replacement cost of the diesel
emission control strategy, including parts and labor.
(C) The warranty must also cover the full repair or replacement cost
of returning engine components to the condition they were in prior to the
failure, including parts and labor, for damage to the engine proximately
caused by the verified diesel emission control strategy. Repair or replace-
ment of any warranted part, including the engine, must be performed at
no charge to the vehicle or engine owner. This includes only those rele-
vant diagnostic expenses in the case in which a warranty claim is valid.
The applicant may, at its option, instead pay the fair market value of the
engine prior to the time the failure occurs.
(D) The repair or replacement of any warranted part otherwise eligible
for warranty coverage, may be excluded from such warranty coverage if
the diesel emission control strategy, vehicle or engine has been abused,
neglected, or improperly maintained, and that such abuse, neglect, or im-
proper maintenance was the direct cause of the need for the repair or re-
placement of the part.
(E) Failure of the vehicle or engine owner to ensure scheduled mainte-
nance or to keep maintenance records for the vehicle, equipment, engine,
or diesel emission control strategy may, but shall not per se, be grounds
for disallowing a warranty claim.
(2) Installation Warranty
(A) A person or company who installs a verified diesel emission con-
trol strategy must warrant that the installation is free from defects in
workmanship or materials which cause the diesel emission control strate-
gy to fail to conform to the emission control performance level it was ver-
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BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
ified to or the other requirements of sections 2700-2706 for the minimum
time periods shown in Table 5.
(B) For each engine type and size listed in Table 5, the minimum de-
fects warranty period is terminated by that listed event whichever occurs
first. The extent of the warranty coverage provided by installers must be
the same as the warranty provided by the applicant as established in sub-
section (a)(1) and the same exclusions must apply.
Table 5. Minimum Warranty Periods
Engine
Type
Engine Size
Light heavy-duty, 70 to 170 hp,
Gross Vehicle Weight Rating
(GVWR) less than 19,500 lbs.
Minimum Warranty
Period
5 years or 60,000 miles
On-Road
Medium heavy-duty, 170 to 250
hp, GVWR from 19,500 lbs. to
33,000 lbs.
5 years or 100,000 miles
Heavy heavy-duty, exceeds 250 hp,
GVWR exceeds 33,000 lbs.
5 years or 150,000 miles
Heavy heavy-duty, exceeds 250 hp,
GVWR exceeds 33,000 lbs., and the
truck is:
1. Typically driven over 100,000
miles per year, and
2. Has less than 300,000 miles on the
odometer at the time of installation.
2 years, unlimited miles
Off-Road
(includes
portable
engines) and
Stationary
Under 25 hp, and for constant speed
engines rated under 50 hp with rated
speeds greater than or equal to
3.000 rpm
3 years or 1 ,600 hours
At or above 25 hp and under 50 hp
At or above 50 hp
4 years or 2.600 hours
5 years or 4,200 hours
(b)(1) Product Warranty Statement. The applicant must furnish a copy
of the following statement in the owner's manual. The applicant may in-
clude descriptions of circumstances that may result in a denial of warran-
ty coverage, but these descriptions shall not limit warranty coverage in
any way.
YOUR WARRANTY RIGHTS AND OBLIGATIONS
(Applicant's name) must warrant the diesel emission control system
in the application for which it is sold or leased to be free from defects
in design, materials, workmanship, or operation of the diesel emission
control system which cause the diesel emission control system to fail
to conform to the emission control performance level it was verified
to, or to the requirements in the California Code of Regulations, Title
13, Sections 2700 to 2706, and 2710, for the periods of time listed be-
low, provided there has been no abuse, neglect, or improper mainte-
nance of your diesel emission control system, vehicle or equipment,
as specified in the owner's manuals. Where a warrantable condition
exists, this warranty also covers the engine from damage caused by the
diesel emission control system, subject to the same exclusions for
abuse, neglect or improper maintenance of your vehicle or equipment.
Please review your owner's manual for other warranty information.
Your diesel emission control system may include a core part (e.g., par-
ticulate filter, diesel oxidation catalyst, selective catalytic reduction
converter) as well as hoses, connectors, a back pressure monitor (if ap-
plicable), and other emission-related assemblies. Where a warrant-
able condition exists, (applicant's name) will repair or replace your
diesel emission control system at no cost to you including diagnosis,
parts, and labor.
WARRANTY COVERAGE:
For a (engine size) engine used in a(n) (type of application) applica-
tion, the warranty period will be (years or hours or miles of operation)
whichever occurs first. If any emission-related part of your diesel
emission control system is defective in design, materials, workman-
ship, or operation of the diesel emission control system thus causing
the diesel emission control system to fail to conform to the emission
control performance level it was verified to, or to the requirements in
the California Code of Regulations, Title 13, Sections 2700 to 2706,
and 2710, within the warranty period, as defined above, (Applicant's
name) will repair or replace the diesel emission control system, includ-
ing parts and labor.
In addition, (applicant's name) will replace or repair the engine com-
ponents to the condition they were in prior to the failure, including
parts and labor, for damage to the engine proximately caused by the
verified diesel emission control strategy. This also includes those rele-
vant diagnostic expenses in the case in which a warranty claim is valid.
(Applicant 's name) may, at its option, instead pay the fair market val-
ue of the engine prior to the time the failure occurs.
OWNER'S WARRANTY RESPONSIBILITY
As the (vehicle, engine, equipment) owner, you are responsible for
performing the required maintenance described in your owner's
manual. (Applicant's name) recommends that you retain all mainte-
nance records and receipts for maintenance expenses for your vehicle,
engine, or equipment, and diesel emission control system. If you do
not keep your receipts or fail to perform all scheduled maintenance,
(applicant's name) may have grounds to deny warranty coverage. You
are responsible for presenting your vehicle, equipment, or engine, and
diesel emission control system to a (applicant's name) dealer as soon
as a problem is detected. The warranty repair or replacement should
be completed in a reasonable amount of time, not to exceed 30 days.
If a replacement is needed, this may be extended to 90 days should a
replacement not be available, but must be performed as soon as a re-
placement becomes available.
If you have questions regarding your warranty rights and responsibili-
ties, you should contact (Insert chosen applicant's contact) at
1-800-xxx-xxxx or the California Air Resources Board at 9528 Tel-
star Avenue, El Monte, CA 91731, or (800) 363-7664, or electronic
mail: helpline@arb.ca.gov.
(2) Installation Warranty Statement. The installer must furnish the
owner with a copy of the following statement.
YOUR WARRANTY RIGHTS AND OBLIGATIONS
(Installer's name) must warrant that the installation of a diesel emis-
sion control system is free from defects in workmanship or materials
which cause the diesel emission control system to fail to conform to
the emission control performance level it was verified to, or to the re-
quirements in the California Code of Regulations, Title 13, Sections
2700 to 2706. The warranty period and the extent of the warranty cov-
erage provided by (installer's name) must be the same as the warranty
provided by the product manufacturer, and the same exclusions must
apply.
OWNER'S WARRANTY RESPONSIBILITY
As the vehicle, engine, or equipment owner, you are responsible for
presenting your vehicle, engine, or equipment, and diesel emission
control system to (installer's name) as soon as a problem with the
installation is detected.
If you have questions regarding your warranty rights and responsibili-
ties, you should contact (Insert chosen installer's contact) at
1-800-xxx-xxxx or the California Air Resources Board at 9528 Tel-
star Avenue, El Monte, CA 91731, or (800) 363-7664, or electronic
mail: helpline@arb.ca.gov.
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(c) Diesel Emission Control Strategy Warranty Report. The applicant
must submit a warranty report to the Executive Officer by April 1 of each
calendar year. The applicant must also submit a warranty report within
30 calendar days if warranty claims exceed four percent of the number
of diesel engines using the diesel emission control strategy. The warranty
report must include the following information:
(1) Annual and cumulative sales, and annual and cumulative leases of
diesel emission control systems (California only).
(2) Annual and cumulative production of diesel emission control sys-
tems (California only).
(3) Annual summary of warranty claims (California only). The sum-
mary must include:
(A) A description of the nature of the claims and of the warranty re-
placements or repairs. The applicant must categorize warranty claims for
each diesel emission control strategy family by the component(s) re-
placed or repaired.
(B) The number and percentage of diesel emission control systems of
each model for which a warranty replacement or repair was identified.
(C) A short description of the diesel emission control system compo-
nent that was replaced or repaired under warranty and the most likely rea-
son for its failure.
(4) Date the warranty claims were filed and the engine family and ap-
plication the diesel emission control systems were used with.
(5) Delineate the reason(s) for any instances in which warranty service
is not provided to end-users that file warranty claims.
NOTE: Authority cited: Sections 39002, 39003, 39500, 39600, 39601,
39650-39675, 40000, 43000, 43000.5, 4301 1, 43013, 43018, 43105, 43600 and
43700, Health and Safety Code. Reference: Sections 39650-39675, 43000,
43009.5, 43013, 4301 8, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5,
Health and Safety Code; and Title 17 California Code of Regulations Section
93000.
History
1. New section filed 5-12-2003; operative 6-1 1-2003 (Register 2003, No. 20).
2. Amendment of subsections (a)(l)(C)-(D), (a)(2)(B) and (b)(1) filed
12-2-2004; operative 1-1-2005 (Register 2004, No. 49).
3. Amendment of subsection (c) filed 2-9-2007; operative 2-9-2007 pursuant to
Government Code section 1 1343.4 (Register 2007, No. 6).
§ 2708. Determination of Emissions Reduction.
(a) Calculation of Emissions Reduction. The emissions reduction veri-
fied for a diesel emission control strategy is based on the average of all
valid test results before (baseline) and after (control) implementation of
the diesel emission control strategy. Test results from both emission test-
ing and durability testing are to be used. If the applicant chooses to per-
form either the initial or the final durability baseline test, but not both, it
must use those results to calculate the reductions obtained in both the ini-
tial and final control tests.
(1) Percentage Reduction. The percentage reduction for a given pair
of baseline and control test sets (where a "set" consists of all test cycle
repetitions, e.g., the test set of 3 hot-start UDDS tests) is the difference
between the average baseline and average control emissions divided by
the average baseline emissions, multiplied by 100 percent. The average
of all such reductions, as shown in the equation below, is used in the veri-
fication of a diesel emission control strategy.
Percentage Reduction =
100% x X IfbaselineAVG ~ controlAVGVbaselineAVol
Number of control test sets
Where:
X = sum over all control test sets
baselineAVG or controlAVG= average of emissions from all base-
line or control test repetitions within
a given set
(A) For any test set involving cold and hot starts, the time weighted
emission result is to be calculated by weighting the cold-start emissions
by one-seventh (1/7) and the hot-start emissions by six-sevenths (6/7)
as shown below.
Weighted Emission Result = 1/7* average cold-start emissions +
6/7* average hot-start emissions
(B) For applicants seeking verification of NOx reductions from on-
road applications, weighted test results from the additional test set de-
scribed in subsection 2703(e)l(C) are included in the percentage reduc-
tion equation above. The Executive Officer shall determine an
appropriate weighting factor in consultation with the applicant based on
factors including, but not limited to, the amount of time that vehicles
within the selected emission control group have elevated NOx emissions
and the breadth of engines and applications encompassed by the emission
control group.
(2) The absolute emission level is the average control emission level,
as defined in the following equation:
Absolute Emission Level = Y (control ^vq)
Number of control test sets
(b) Categorization of the Diesel Emission Control Strategy. The
Executive Officer shall categorize diesel emission control strategies to
reduce PM and NOx emissions based on their verified emission reduc-
tions. Diesel emission control strategies that reduce NOx will be assigned
their verified emission reduction in five percent increments. Diesel emis-
sion control strategies are categorized by their PM reductions as follows:
(1) Level one: the system has been demonstrated under these proce-
dures to reduce PM emissions by at least 25 percent from the baseline
emission level.
(2) Level two: the system has been demonstrated under these proce-
dures to reduce PM emissions by at least 50 percent from the baseline
emission level.
(3) Level three: the system has been demonstrated under these proce-
dures to reduce PM emissions by at least 85 percent from the baseline
emission level, or to achieve PM emission levels of 0.01 grams per
brake-horsepower-hour (g/bhp-hr) or less.
NOTE: Authority cited: Sections 39002, 39003, 39500, 39600, 39601,
39650-39675, 40000, 43000, 43000.5, 4301 1, 43013, 43018, 43105, 43600 and
43700, Health and Safety Code. Reference: Sections 39650-39675, 43000,
43009.5, 43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5,
Health and Safety Code; and Title 17 California Code of Regulations Section
93000.
History
1. New section filed 5-12-2003; operative 6-1 1-2003 (Register 2003, No. 20).
§ 2709. In-Use Compliance Requirements.
(a) Applicability. These in-use compliance requirements apply to all
diesel emission control strategies for on-road, off-road, and stationary
applications. It is the responsibility of the applicant to perform in-use
compliance testing for each verified diesel emission control strategy
family (see Section 2706(g)(2)). Testing is required when 50 units within
a given diesel emission control strategy family have been sold or leased
in the California market. Applicants must submit an in-use compliance
testing proposal for approval by the Executive Officer prior to the in-use
compliance testing.
(b) Test Phases. In-use compliance testing, as described below in (c),
(d), and (e), must be conducted at two different phases for each diesel
emission control strategy family:
(1) Phase 1. Applicants must obtain and test diesel emission control
systems once they have been operated for at least one year or within three
months of their first maintenance, whichever comes first.
(2) Phase 2. Applicants must obtain and test diesel emission control
systems once they have been operated between 60 and 80 percent of their
minimum warranty period. For all systems used with heavy heavy-duty
vehicles, the 60 to 80 percent window must be applied to the 5 year or
150,000 mile minimum warranty period.
(c) Selection of Diesel Emission Control Systems for Testing. For each
diesel emission control strategy family and for both test phases, the
Executive Officer will identify a representative sample of engines or ve-
hicles equipped with diesel emission control systems for in-use com-
pliance testing. The engines or vehicles equipped with the selected diesel
emission control systems must have good maintenance records and may
receive a tune-up or normal maintenance prior to testing. The applicant
must obtain information from the end users regarding the accumulated
mileage or hours of usage, maintenance records (to the extent practica-
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§2709
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
ble), operating conditions and a description of any unscheduled mainte-
nance that may affect the emission results.
(d) Number of Diesel Emission Control Systems to be Tested. The
number of diesel emission control systems an applicant must test in each
of the two test phases will be determined as follows:
(1) A minimum of four diesel emission control systems in each diesel
emission control strategy family must be tested. For every system tested
that does not reduce emissions by at least 90 percent of the lower bound
of its initial verification level (or does not achieve an emission level less
than or equal to 0.01 1 g/bhp-hr of PM) or does not meet the NO? require-
ment in section 2709(j), two more diesel emission control systems from
the same family must be obtained and tested. The total number of systems
tested shall not exceed ten per diesel emission control strategy family.
(2) At the discretion of the Executive Officer, applicants may begin by
testing more than the minimum of four diesel emission control systems.
Applicants may concede failure of an emission control system before
testing a total of ten diesel emission control systems.
(e) ln-use Compliance Emission Testing. Applicants must follow the
testing procedure used for emission reduction verification as described
in Section 2703 (both baseline and control tests are required), and special
pre-conditioning requirements may apply (see section 2706(a)(4) for de-
tails). In addition, applicants must select the same test cycle(s) that they
used to verify the diesel emission control strategy originally. If a diesel
emission control strategy verified by U.S. EPA must perform engine dy-
namometer testing with the Heavy-duty Transient FTP cycle to fulfill the
in-use compliance requirements of that program, but was verified by the
Executive Officer with chassis dynamometer testing, the Executive Offi-
cer will also accept testing with the Heavy-duty Transient FTP cycle for
the in-use compliance requirements of this Procedure. If a diesel emis-
sion control strategy fails catastrophically during the in-use compliance
testing, the applicant must provide an investigative report detailing the
causes of the failure to the Executive Officer within 90 days of the failure.
(f) The Executive Officer may approve an alternative to the in-use
testing described above, on a case by case basis, if such testing is overly
burdensome to either the applicant or to the end-users due to the nature
of the industry the particular diesel emission control systems are used in.
The proposed alternative must use scientifically-sound methodology
and be designed to determine whether the diesel emission control strate-
gy is in compliance with the emission reductions the Executive Officer
verified it to.
(g) The Executive Officer may, with respect to any diesel emission
control strategy sold, leased, offered for sale, or manufactured for sale in
California, order the applicant or strategy manufacturer to make avail-
able for compliance testing and/or inspection a reasonable number of die-
sel emission control systems, and may direct that they be delivered at the
applicant's expense to the state board at the Haagen-Smit Laboratory,
9528 Telstar Avenue, El Monte, California or where specified by the
Executive Officer. The Executive Officer may also, with respect to any
diesel emission control strategy being sold, leased, offered for sale, or
manufactured for sale in California, have an applicant compliance test
and/or inspect a reasonable number of units at the applicant or manufac-
turer's facility or at any test laboratory under the supervision of the ARB
Executive Officer.
(h) In-Use Compliance Report. The applicant must submit an in-use
compliance report to the Executive Officer within three months of com-
pleting each phase of testing. The following information must be re-
ported for each of the minimum of four diesel emission control systems
tested:
(1) Parties involved in conducting the in-use compliance tests.
(2) Quality control and quality assurance information for the test
equipment.
(3) Diesel emission control strategy family name and manufacture
date.
(4) Vehicle or equipment and type of engine (engine family name,
make, model year, model, displacement, etc.) the diesel emission control
system was applied to.
(5) Estimated mileage or hours the diesel emission control system was
in use.
(6) Results of all emission testing.
(7) Summary of all maintenance, adjustments, modifications, and re-
pairs performed on the diesel emission control system.
(i) The Executive Officer may request the applicant to perform addi-
tional in-use testing if the warranty claims exceed four percent of the
number of diesel engines using the diesel emission control strategy, or
based on other relevant information. As noted in Section 2707(c), if war-
ranty claims exceed four percent of the number of diesel engines using
the diesel emission control strategy, the applicant must notify the Execu-
tive Officer and submit a warranty report within 30 calendar days of that
time.
(j) Conditions for Passing In-Use Compliance Testing. For a diesel
emission control strategy to pass in-use compliance testing, emission
test results must indicate that the strategy reduced emissions by at least
90 percent of the lower bound of the emission reduction level the Execu-
tive Officer originally verified it to. In addition, the strategy must meet
the requirements of section 2706(a) with the exception that the strategy
must not increase emissions of NO2 by more than an increment equiva-
lent in mass to 33 or 22 percent of the baseline NOx emission level for
systems verified under the 30 or 20 percent NO2 limits, respectively. If
the first four diesel emission control systems tested within a diesel emis-
sion control strategy family meet both of these standards, the diesel emis-
sion control strategy passes in-use compliance testing. If any of the first
four diesel emission control systems tested within a diesel emission con-
trol strategy family fail to meet either of these standards, and more than
four units are tested, at least 70 percent of all units tested must meet both
standards for the diesel emission control strategy family to pass in-use
compliance testing. For each failed test, for which the cause of failure can
be attributed to the product and not to maintenance or other engine-re-
lated problems, two additional units must be tested, up to a total of ten
units per diesel emission control strategy family.
(k) Failure of In-use Compliance Testing. If a diesel emission control
strategy family does not meet the minimum requirements for com-
pliance, the applicant must submit a remedial report within 90 days after
the in-use compliance report is submitted. The remedial report must in-
clude:
(1) Summary of the in-use compliance report.
(2) Detailed analysis of the failed diesel emission control systems and
possible reasons for failure.
(3) Remedial measures to correct or replace failed diesel emission con-
trol systems as well as the rest of the in-use diesel emission control sys-
tems.
(/) The Executive Officer may evaluate the remedial report, annual
warranty report, and all other relevant information to determine if the die-
sel emission control strategy family passes in-use compliance testing.
The Executive Officer may request more information from the applicant.
Based on this review, the Executive Officer may lower the verification
level or revoke the verification status of a verified diesel emission control
strategy family. The Executive Officer may also lower the verification
level or revoke the verification status of a verified diesel emission control
strategy family, if the applicant does not conduct in-use compliance test-
ing in accordance with this section, or if the Executive Officer conducts
in-use compliance testing in accordance with this section (including al-
ternative testing) and the diesel emission control strategy family does not
pass the standards in this section.
(m) The Executive Officer may lower the verification level or revoke
the verification status of a verified diesel emission control strategy family
if the applicant fails to observe the requirements of Sections 2706 or
2707. The Executive Officer must allow the applicant an opportunity to
address the possible lowering or revocation of the verification level in a
remedial report to the Executive Officer and the Executive Officer may
make this determination based on all relevant information.
NOTE: Authority cited: Sections 39002, 39003, 39500, 39600, 39601,
39650-39675, 40000, 43000, 43000.5, 43011, 43013, 43018, 43105, 43600 and
Page 338
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Title 13
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§2710
43700, Health and Safety Code. Reference: Sections 39650-39675, 43000.
43009.5, 4301 3, 43018. 43101, 43104, 43105, 43106, 43 107 and 43204-43205.5,
Health and Safety Code; and Title 17 California Code of Regulations Section
93000.
History
1. New section filed 5-12-2003; operative 6-1 1-2003 (Register 2003, No. 20).
2. Amendment of subsection (b)(2) filed 12-2-2004; operative 1-1-2005 (Reeis-
ter 2004, No. 49).
3. Amendment of subsections (d)(1), (e) and (j) filed 2-9-2007; operative
2-9-2007 pursuant to Government Code section 1 1343.4 (Register 2007, No.
6).
§ 2710. Verification of Emission Reductions for Alternative
Diesel Fuels.
(a) Applicability. This section applies to in-use strategies that include
emission reductions from the use of alternative diesel fuels. The require-
ments in this section are in addition to those in Sections 2700-2709, ex-
cept as specifically noted.
(b) Alternative Diesel Fuel Proposed Test Protocol. The applicant
must submit a proposed test protocol which includes:
(1) References to criteria pollutant and toxic emissions sampling and
analyses that are consistent with the requirements of Section 2703.
(2) Description and Parameters of Alternative Diesel Fuels.
(A) The applicant must describe the applicability of the alternative die-
sel fuel to diesel engines and identify any requirements for engine or fuel
system modifications.
(B) The applicant must provide a general description of the alternative
diesel fuel that includes the fuel type, fuel characteristics, fuel properties,
fuel formulation, and chemical composition. The applicant for the candi-
date alternative diesel fuel must specify the following:
1. Identity, chemical composition, and concentration of fuel additives
2. Sulfur content
3. Total aromatic content
4. Total polycyclic aromatic hydrocarbon content
5. Nitrogen content
6. API gravity (density)
7. Distillation temperature distribution information, initial boiling
point (IBP),
8. 10% recovered (REC), 50% REC, 90% REC, and end point (EP)
(C) The applicant must provide information on the candidate alterna-
tive diesel fuel that may affect engine performance, engine wear, and
safety. The applicant for the candidate alternative diesel fuel must speci-
fy the following:
1. Viscosity (engine performance)
2. Fuel volatility (engine performance)
3. Ignition quality (engine performance)
4. Fuel operating temperatures (engine performance)
5. Engine wear tendencies (engine wear)
6. Corrosion (engine wear)
7. Lubricity (engine wear)
8. Fuel flash point (safety)
(D) The applicant must provide information on the candidate alterna-
tive diesel fuel to determine if there are chemicals in the fuel that may in-
crease levels of toxic compounds or potentially form toxic compounds
in the fuel. The applicant will conduct an analysis for metals and elements
by a method specified by the applicant. Copper, iron, cerium, lead, cad-
mium, chromium, and phosphorus must be included in the analysis.
Additional analysis for other toxic compounds may be required after re-
viewing the chemical composition of the candidate alternative diesel fuel
and its additives. (Note: For alternative diesel fuels that are in part com-
prised of standard diesel fuel, such as emulsified diesel fuels, a toxic anal-
ysis of the diesel base fuel is not necessary).
(E) With the approval of the Executive Officer or designee, an appli-
cant may also specify different fuel parameters and test methods that are
appropriate to better characterize the candidate alternative diesel fuel.
(3) Upon review of the proposed test protocol, the Executive Officer
or designee may require additional fuel components, parameters, and
specifications to be determined. Reference Fuel Specifications. The ref-
erence fuel used in the comparative testing described in Section 27 10(d)
allows the applicant three options in selecting a reference fuel.
(4)(A) Option (1). The first option is to use a 10 percent aromatic
California diesel reference fuel . The reference fuel must be produced
from straight-run California diesel fuel by a hydrodearomatization pro-
cess and must have the characteristics set forth below under "Reference
Fuel Specifications" (the listed ASTM methods are incorporated herein
by reference).
(B) Option (2). The second option is to make the reference fuel from
a custom blend using a "like" California diesel fuel made from a straight-
run California diesel fuel by a hydroaromatization process and must have
the characteristics set forth below under "Reference fuel Specifications.
In addition the reference fuel must exhibit the bell shaped distillation
curve characteristic of diesel fuel and no chemical feedstocks or pure
chemicals such as solvents can be used as blend stocks. Details of the
source and specifications of the feedstocks must be provided in the proto-
col and the processes and diesel feedstocks used to make the reference
fuel must be reviewed and approved by the Executive Officer.
(C) Option (3). For alternative diesel fuels that contain diesel as a base
fuel such as emulsified diesel fuel and 80:20 biodiesel fuel (80 percent
diesel/20 percent biodiesel), the base diesel fuel used to make the alterna-
tive diesel fuel can be used in place of the 10 percent aromatic California
diesel reference fuel. The base diesel fuel must be a certified, commer-
cially available diesel fuel sold in California. The sulfur content, aromat-
ic hydrocarbon content, polycyclic aromatic hydrocarbon content, nitro-
gen content, natural cetane number, API gravity, viscosity, and
distillation specifications must be provided for the base diesel fuel used
for the reference fuel.
Table 6. Fuel Test Methods and Reference Fuel Specifications
ASTM Test
Method
D5453-93
D5 186-96
D5 186-96
D4629-96
D6 13-84
D287-82
D445-83
D93-80
D86-96
Property
General Reference
Fuel Specifications
Sulfur Content
500 ppm max
Aromatic Hydrocarbon
content, Vol. %
10% max
Polycyclic Aromatic
Hydrocarbon content %
1 .4% max
Nitrogen Content
10 ppm max
Natural Cetane Number
48 min
Gravity, API
33-39
Viscosity at 40°, cSt
2.0-4.1
Flash point, °F
130
Distillation, °F
IBP
10%REC
50%REC
90%REC
EP
340-420
400-490
470-560
550-610
580-660
(5) The identity of the entity proposed to conduct the tests described
in Section 2710(d);
(6) Reasonably adequate quality assurance and quality control proce-
dures;
(7) Notification of any outlier identification and exclusion procedure
that will be used, and
(8) A demonstration that any procedure meets generally accepted sta-
tistical principles.
(c) Application for Alternative Diesel Fuel Emission Reduction Veri-
fication. Upon completion of the tests, the applicant may submit an ap-
plication for verification to the Executive Officer or designee. The ap-
plication must follow the format in Section 2702(d) as applicable and
include:
(1) The approved test protocol,
(2) All of the test data,
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Title 13
(3) Copy of the complete test log prepared in accordance with Section
2710(d)(3)(B),
(4) A demonstration that the candidate alternative diesel fuel meets the
requirements for verification set forth in this section, and
(5) Such other information as the Executive Officer or designee may
reasonably require.
(d) Emissions Test Procedures for Particulates, Nitrogen Oxides, Sol-
uble Organic Fraction, Hydrocarbons, and Toxics.
( 1 ) Criteria pollutants test requirements. In each test of a fuel, exhaust
emissions of NOx, NO2 (pursuant to Section 2706(a)(2)), total PM, car-
bon monoxide, carbon dioxide, and hydrocarbons must be measured. In
addition, for each test the soluble organic fraction (SOF) of the particu-
late matter in the exhaust emissions must be determined in accordance
with the Air Resources Board's "Test Method for Soluble Organic Frac-
tion (SOF) Extraction" dated April 1989, which is incorporated herein by
reference.
(2) Toxic emissions sampling and analysis requirements. Exhaust
emissions of formaldehyde, acetaldehyde, benzene, toluene, ethyl ben-
zene, xylenes, butadiene, and polycyclic aromatic hydrocarbons are to be
sampled and analyzed as specified in Table 7 for a minimum of three test
samples collected from separate emission test repetitions.
Table 7. Toxics sampling and analysis l'2
Toxics Method
Formaldehyde and
acetaldehyde
Benzene toluene, ethyl
benzene, xylenes, and
butadiene
Polycyclic aromatic
hydrocarbons
ARB SOP 104
ARB SOP 102/103
ARB method 4293
'Additional toxics sampling may be required depending on the chemical composi-
tion of the additives in the fuel.
2At a minimum tunnel blanks are required prior to and after conducting toxic emis-
sions sampling for the reference fuel and candidate alternative diesel fuel.
3PAH sampling consists of a filter to collect particulate PAHs and XAD resin to
collect volatile PAHs. The sampling protocol needs to be included in the test proto-
col. Analysis of the samples will be performed by ARB method 429.
(3) Emission test requirements and test sequence for emissions test
program.
(A) The applicant must follow the emission test requirements from
Section 2703 subsections (a), (b), (k), (/), (m), and (n). For all on-road,
off-road, and stationary diesel vehicles and equipment, the applicant
must conduct engine dynamometer testing using the Federal Test Proce-
dure (FTP) Heavy-duty Transient Cycle, in accordance with the provi-
sions in the Code of Federal Regulations, Title 40, Part 86, Subpart N.
The applicant must use one of the following test sequences:
1. If both cold start and hot start exhaust emission tests are conducted,
a minimum of five exhaust emission tests must be performed on the en-
gine with each fuel, using either of the following sequences, where "R"
is the reference fuel and "C" is the candidate alternative diesel fuel: RC
CR RC CR RC (and continuing in the same order) or RC RC RC RC RC
(and continuing in the same order). The engine mapping procedures and
a conditioning transient cycle must be conducted with the reference fuel
before each cold start procedure using the reference fuel. The reference
cycle used for the candidate alternative diesel fuel must be the same as
determined for the reference fuel.
2. If only hot start exhaust emission tests are conducted, one of the fol-
lowing test sequences must be used throughout the testing, where "R" is
the reference fuel and "C" is the candidate alternative diesel fuel:
Alternative 1 : RC CR RC CR (continuing in the same order for a given
calendar day; a minimum of twenty individual exhaust emission tests
must be completed with each fuel)
Alternative 2: RR CC RR CC (continuing in the same order for a given
calendar day; a minimum of twenty individual exhaust emission tests
must be completed with each fuel)
Alternative 3: RRR CCC RRR CCC (continuing in the same order for
a given calendar day: a minimum of twenty-one individual exhaust emis-
sion tests must be completed with each fuel)
For all alternatives, an equal number of tests must be conducted using
the reference fuel and the candidate alternative diesel fuel on any given
calendar day. At the beginning of each calendar day, the sequence of test-
ing must begin with the fuel that was tested at the end of the preceding
day. The engine mapping procedures and a conditioning transient cycle
must be conducted at the beginning of each day for the reference fuel. The
reference cycle used for the candidate alternative diesel fuel must be the
same as determined for the reference fuel.
3. Alternative test sequence. The applicant may request the Executive
Officer to approve an alternative test sequence in place of the above test
sequences. In reviewing this request, the Executive Officer may consider
all relevant information including, but not limited to, the following:
(i.) Statistical and scientific equivalence to 1. or 2., and
(ii.) Body of existing test data using the alternative test sequence.
•
[The next page is 339.
•
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(B) The applicant must submit a test schedule to the Executive Officer
or designee at least one week prior to commencement of the tests. The
test schedule must identify the days on which the tests will be conducted,
and must provide for conducting test consecutively without substantial
interruptions other than those resulting from the normal hours of opera-
tions at the lest facility. The Executive Officer or designee should be per-
mitted to observe any tests. The party conducting the tests must maintain
a test log which identifies all tests conducted, all engine mapping proce-
dures, all physical modifications to or operational tests of the engine, all
recalibrations or other changes to the test instruments, and all interrup-
tions between tests, and the reason for each interruption. The party con-
ducting the tests or the applicant must notify the Executive Officer or de-
signee by telephone and in writing of any unscheduled interruption
resulting in a test delay of 48 hours or more, and the reason for such delay.
Prior to restarting the test, the applicant or person conducting the tests
must provide the Executive Officer or designee with a revised schedule
for the remaining tests. All tests conducted in accordance with the test
schedule, other than any test rejected in accordance with an outlier identi-
fication and exclusion procedure included in the approved test protocol,
must be included in the comparison of emissions.
(C) Upon approval of the Executive Officer or designee, the applicant
may specify an alternative test sequence to Section 2710(d)(3)(A). The
applicant must provide the rationale demonstrating that the alternative
test sequence better characterizes the average emissions difference be-
tween the reference fuel and the alternative diesel fuel.
(e) Durability.
(1) The applicant must meet the durability demonstration require-
ments in Section 2704 subsections (a), (b), (d), (e), and (h) with the ex-
ceptions of emission testing and fuel requirements. If the applicant's die-
sel emission control strategy includes hardware components in addition
to the alternative diesel fuel, then the emission testing requirements in
Section 2704 apply.
(2) The applicant must provide test data obtained after completion of
the service accumulation, described in Section 2704(d), showing that the
candidate alternative diesel fuel does not adversely affect the perfor-
mance and operation of diesel engines or cause premature wear or cause
damage to diesel engines. This must include but is not limited to lubricity,
corrosion, and damage to engine parts such as fuel injector tips. The ap-
plicant must provide data showing under what temperature and condi-
tions the candidate alternative diesel fuel remains stable and usable in
California.
(f) Multimedia Assessment for Fuel Strategies. Diesel emission con-
trol strategies which rely on fuel changes either through use of additives
or through use of alternative diesel fuels must undergo an evaluation of
the multimedia effects. No diesel emission control strategy that relies on
the use of an additive or an alternative fuel may be verified unless a multi-
media evaluation of the additive or alternative fuel has been, conducted
and the California Environmental Policy Council established by Public
Resources Code section 71017 has determined that such use will not
cause a significant adverse impact on the public health or the environ-
ment, pursuant to Health and Safety Code section 43830.8. No person
shall sell, offer for sale, supply or offer for supply an alternative fuel or
a diesel fuel in California that contains an additive for use in a verified
diesel emission control strategy unless such a multimedia evaluation has
been conducted and resulted in a determination that use of the alternative
fuel or additive will not cause a significant adverse impact on the public
health and the environment. The applicant shall bear the expense of con-
ducting the multimedia assessment.
(g) Other Requirements.
(1) The candidate alternative diesel fuel must be in compliance with
applicable federal, state, and local government requirements.
(2) Applicants planning to market fuel in California must contact and
register with the U.S. EPA and the California Dept. of Food and Agricul-
ture. Contacts are listed below.
OFFICE OF TRANSPORTATION AND AIR QUALITY
U.S. EPA HEAD QUARTERS
ARIEL RIOS BLVD.
1200 PENNSYLVANIA AVE, N.W.
WASHINGTON DC 20468
PHONE (202) 564-9303
PETROLEUM PRODUCTSAVEICHMASTER ENFORCEMENT BRANCH
DIVISION OF MEASUREMENT STANDARDS
DEPT. OF FOOD AND AGRICULTURE
8500 FRUITRIDGE ROAD. SACRAMENTO CA 95826
PHONE (916) 229-3000
(3) Additional government agencies such as the California Energy
Commission, Area Council Governments, and Local Air Quality Man-
agement Districts may be contacted to facilitate the marketing of alterna-
tive diesel fuel in California.
(h) Conditional Verification.
(1) The Executive Officer may grant a conditional verification for an
alternative diesel fuel for off-road or stationary application only after the
conditional verification for on-road application is granted. The Execu-
tive Officer may grant a conditional verification for on-road application
if the applicant meets the following conditions:
(A) The applicant has applied for U.S. EPA registration of the alterna-
tive diesel fuel;
(B) The U.S. EPA has granted a research and development exemption
or otherwise granted permission for the alternative diesel fuel to be used,
and;
(C) All relevant requirements of Sections 2700-2710 have been met
with the exception that registration with the U.S. EPA has not been com-
pleted.
(D) Multimedia Assessment as specified in Section 2710 (f)-
(2) Where conditional verification is granted, full verification must be
obtained by completing the U.S. EPA registration process within a year
after receiving conditional verification. During that year, conditional
verification is equivalent to verification for the purposes of satisfying the
requirements of in-use emission control regulations.
(i) Extensions of an Existing Verification. See Section 2702 (g). The
applicant may request the Executive Officer to approve a reduced num-
ber of emission tests when extending an existing verification to other
emission control groups. In reviewing this request, the Executive Officer
may consider all relevant information including, but not limited to, the
following:
(1) Variability in the test results used for the existing verification,
(2) Characteristics of the duty cycles in the other emission control
groups,
(3) The mechanism by which the alternative diesel fuel reduces emis-
sions, and
(4) Body of existing test data.
NOTE: Authority cited: Sections 39002, 39003, 39500, 39600, 39601,
39650-39675, 40000, 43000, 43000.5, 43011, 43013, 43018, 43105, 43600,
43700 and 43830.8, Health and Safety Code. Reference: Sections 39650-39675,
43000, 43009.5, 43013, 43018, 43101, 43104, 43105, 43106, 43107,
43204-43205.5 and 43830.8, Health and Safety Code; Section 71017, Public Re-
sources Code, and Title 17 California Code of Regulations Section 93000.
History
1. New section filed 5-12-2003; operative 6-1 1-2003 (Register 2003, No. 20).
Chapter 15. Additional Off-Road Vehicles
and Engines Pollution Control Requirements
Article 1. Evaporative Emission
Requirements for Off-Road Equipment
§ 2750. Purpose.
The purpose of these regulations is to:
Page 339
Register 2004, No. 39; 9-24-2004
§2751
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(a) Set performance standards for gasoline-fueled, spark-ignited
small off-road engines rated at equal to or less than 19 Kilowatts, and
equipment utilizing such engines;
(b) In order to give manufacturers maximum flexibility, compliance
programs are available beginning the 2006 model year. The two options
are identified in section 2754(a) and in section 2754(b). and assume run-
ning loss emissions are controlled during engine operation, which result
in greater evaporative emissions reductions. Manufacturers must select
one option for each evaporative family they certify.
NOTE: Authority cited: Sections 39600, 39601 and 43013. Health and Safety
Code. Reference: Section 43013, Health and Safety Code.
History
1. New chapter 15 (article 1), article 1 (sections 2750-2773) and section filed
9-20-2004; operative 10-20-2004 (Register 2004. No. 39).
§2751. Applicability.
(a) For the model year engines or equipment subject to this Article, no
person shall:
(1) manufacture for sale or lease for use or operation in California, or
(2) sell or lease or offer for sale or lease for use or operation in Califor-
nia, or
(3) deliver or import into California for introduction into commerce in
California,
without an evaporative emission control system that has been certified
and labeled pursuant to this Article.
(b) This Article does not apply to:
(1) engines or equipment that use compression-ignition engines, or
engines or equipment powered with compressed natural gas (CNG), pro-
pane, liquefied petroleum gas (LPG), or liquefied natural gas (LNG).
(2) engines or equipment that use small off-road engines manufac-
tured in California for sale and use outside of California.
(3) snowthrowers or ice augers.
NOTE: Authority cited: Sections 39600, 39601 and 43013, Health and Safety
Code. Reference: Section 43013, Health and Safety Code.
History
1. New section filed 9-20-2004; operative 10-20-2004 (Register 2004, No. 39).
§ 2752. Definitions.
(a) The definitions in section 2401(a), and section 2403(b), Chapter 9,
Title 13 of the California Code of Regulations, apply to this Article with
the following additions:
(1) "Coextruded Multilayer Fuel Tank" means a multi-layered high-
density polyethylene fuel tank with a continuous nylon or ethylene vinyl
alcohol layer(s) present within the walls of the tank.
(2) "CP-901" means "Certification and Approval Procedures for
Small Off-Road Engine Fuel Tanks", adopted July 26, 2004.
(3) "CP-902" means "Certification and Approval Procedures for
Evaporative Emission Control Systems", adopted July 26, 2004.
(4) "Diurnal Emissions" means evaporative emissions resulting from
the daily cycling of ambient temperatures and include resting losses, and
permeation emissions, as measured according to test procedures incorpo-
rated in this Article.
(5) "Equivalent Fuel Tank" means a metal or coextruded multilayer
fuel tank used on a small off-road engine. Fuel tanks approved per sec-
tion 2767 are also deemed equivalent fuel tanks. The volume of an equiv-
alent tank must be less than or equal to a nominal tank. An equivalent tank
must be functionally equivalent to a nominal tank.
(6) "Equivalent Fuel Line" means a fuel line that permeates less than
or equal to 1 5 grams per square meter per day when tested per SAE J 1737
at 40°C or higher, and ambient pressure using Phase II California Refor-
mulated Certification (CERT) fuel, CE10, CM10, CM15, or Indolene.
(7) "Evaporative Emissions" means emissions that result from the
evaporation of reactive organic gases into the atmosphere.
(8) "Evaporative Emission Control System" means the fuel system
and associated components that are designed to control evaporative
emissions.
(9) "Evaporative Family" means a class of off-road engines or equip-
ment that are grouped together based on similar fuel system characteris-
tics as they relate to evaporative emissions. For equipment less than or
equal to 80 cc, the engine family and evaporative family are considered
equivalent. For integrated equipment greater than 80 cc the engine family
and the evaporative family may be considered equivalent at the manufac-
turer's discretion.
(10) "Evaporative Model Emission Limit (EMEL)" means the diurnal
emissions level declared by the manufacturer for a model within an evap-
orative family. The declared level must be based on diurnal emissions
test results for a worst case model of engine or equipment within the
evaporative family, obtained by following Test Procedure 902.
(11) "Evaporative Family Emission Limit Differential (EFELD)"
means the emission level differential between the effective standard level
for a specific model and the EMEL declared for the model and is applica-
ble to the entire evaporative family represented by the model.
(12) "Executive Order of Certification" means an order signed by the
Executive Officer that documents certification of evaporative emission
control systems on engines or equipment to the performance standards
of this Article.
( 1 3) "Holder" means the person to whom the Executive Order of Certi-
fication is issued.
(14) "Hot Soak Emissions" means evaporative emissions that occur
for the one-hour period following the termination of engine operation.
(15) "Hydrocarbon" means a molecule composed primarily of carbon
and hydrogen atoms.
(16) "Manufacturer" means either an engine manufacturer or equip-
ment manufacturer.
(17) "Nominal Capacity" means the volume of fuel indicated by the
manufacturer that represents the maximum recommended fill level.
(18) "Nominal Fuel Tank" means the fuel tank that is used by an en-
gine or equipment manufacturer to certify the evaporative emissions con-
trol system on a small off-road engine.
(19) "Nominal Fuel Line" means the fuel line that is used by an engine
or equipment manufacturer to certify the evaporative emissions control
system on a small off-road engine.
(20) "Permeation Emissions" means evaporative emissions that result
from reactive organic gas molecules penetrating through the walls of fuel
system components and evaporating on outside surfaces, as measured by
test procedures incorporated in this Article. Permeation emissions are a
component of diurnal emissions, as measured by test procedures incor-
porated in this Article.
(21) "Permeation Rate" means the total mass of reactive organic gas
molecules passing through the internal surface area of a fuel tank in a
24-hour period, as measured by test procedures incorporated in this Ar-
ticle.
(22) "Person" means any individual, association, partnership, limited
liability company, or corporation.
(23) "Reactive Organic Gases (ROG)" means any compound of car-
bon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic
carbides or carbonates, and ammonium carbonate, and excluding the fol-
lowing:
CAS *
( 1 ) methane; [74-82-8]
methylene chloride (dichloromethane); [75-09-2]
1,1,1-trichloroethane (methyl chloroform); [71-55-6]
trichlorofluoromethane (CFC-1 1 ); [75-69-4]
dichlorodifluoromethane (CFC-1 2); [75-71-8]
l,l,2-trichloro-l,2,2-trifluoroethane (CFC-113); [76-13-1]
l,2-dichloro-l,l,2,2-tetrafluoroethane (CFC-1 14); [76-14-2]
chloropentafluoroethane (CFC-1 15); [76-15-3]
chlorodifiuoromethane (HCFC-22); [75-45-6]
].l,l-trifluoro-2,2-dichloroethane (HCFC-123); [306-83-2]
2-chloro-l,l,l,2-tetrafluoroethane (HCFC-124); [2837-89-0]
1,1-dichloro-l-fluoroethane (HCFC-141b); [1717-00-6]
l-chloro-l,l-difluoroethane (HCFC-142b); [75-68-3]
trifluoromethane (HFC-23); [75-46-7]
pentafluoroethane (HFC-125); [354-33-6]
1,1,2,2-tetrafluoroethane (HFC-134); [359-35-3]
1 ,1,1,2-tetrafluoroethane (HFC-134a); [81 1-97-2]
1,1,1-trifluoroethane (HFC-143a); [420^16-2]
•
Page 340
Register 2004, No. 39; 9-24-2004
Title 13
Air Resources Board
§2753
CAS
1,1-difluoroethane (HFC-152a); [75-37-6]
cyclic, branched, or linear completely methylated siloxanes; [various]
the following classes of perfluorocarbons: [various]
(A) cyclic, branched, or linear, completely fluorinated alkanes;
(B) cyclic, branched, or linear, completely fluorinated ethers with no unsatura-
tions;
(C) cyclic, branched, or linear, completely fluorinated tertiary amines with no
unsaturations; and
(D) sulfur-containing perfluorocarbons with no unsaturations and with the sul-
fur bonds only to carbon and fluorine; and
(2) the following low-reactive organic compounds which have been exempted
by the U.S. EPA:
acetone; [67-64-1]
ethane; [74-84-0]
methyl acetate; [79-20-9]
perchloroethylene; and [127-18-4]
parachlorobenzotrifluoride (l-chloro-4-trifluoromethyl
benzene). [98-56-6]
* NOTE: Chemical Abstract Service (CAS) identification numbers have been in-
cluded in brackets [ ] for convenience.
(24) "Running Loss Emissions" means evaporative emissions from a
small off-road engine that occur while it is being operated.
(25) "SHED" (Sealed Housing Evaporative Determination) means the
enclosure and associated equipment used to determine evaporative emis-
sions. A SHED must meet the design specifications in 40 Code of Federal
Regulations Part 86.107-96.
(26) "Small Production Volume Tank Exemption applies to all models
with identical tanks produced by an engine or equipment manufacturer
with total California sales of 400 or fewer units per year.
(27) "Structurally Integrated Nylon Fuel Tank" means a fuel tank hav-
ing the following characteristics:
(A) The fuel tank is made of a poly amide material which:
1. does not contain more than 50 percent by weight of a reinforcing
glass fiber and/or mineral filler; and
2. does not contain more than 10 percent by weight of impact modified
poly amides which use rubberized agents such as EPDM rubber
(B) The fuel tank must be:
1. used in a chainsaw; or
2. of a pre-existing design that is substantially similar to a current pro-
duction fuel tank used by the same manufacturer that is integrated into
a major structural member where, as a single component, the fuel tank
material is a primary structural/stress member for other major compo-
nents such as the engine, transmission or cutting attachment.
(28) "TP-901" means "Test Procedure for Determining Permeation
Emissions from Small Off-Road Engine Equipment Fuel Tanks,"
adopted July 26, 2004.
(29) "TP-902" means "Test Procedure for Determining Diurnal Evap-
orative Emissions from Small Off-Road Engines," adopted July 26,
2004.
(30) "Total Hydrocarbons" means the total mass of open chain and cy-
clic hydrocarbon molecules, as measured under the test procedures in-
corporated in this Article.
(31) "Walk-Behind Mower" means a grass-cutting product which
has:
(A) A Class I vertical shaft engine that includes a blade brake mecha-
nism that provides for compliance with ANSI B71.1 requirements;
(B) A horizontally fixed blade and/or string directly attached to the
crankshaft of a vertical shaft engine.
NOTE: Authority cited: Sections 39600, 39601 and 43013, Health and Safety
Code. Reference: Section 43013, Health and Safety Code.
History
1. New section filed 9-20-2004; operative 10-20-2004 (Register 2004, No. 39).
§ 2753. Certification Requirements and Procedures.
(a) Certification
Small off-road engines or equipment that use small off-road engines
subject to this Article must contain evaporative emission control sys-
tems. For engines less than or equal to 80 cc, the evaporative emission
control system consists of the fuel tank only. The evaporative emission
control systems must be certified annually to the performance-based or
system design standards set out in sections 2754 through 2757 by the Air
Resources Board. An Executive Order of Certification for such engines
or equipment must be obtained prior to the sale or lease, or the offering
for sale or lease, for use or operation in California or the delivery or im-
portation for introduction into commerce in California. Engine manufac-
turers or equipment manufacturers may apply for an Executive Order of
Certification. Applicants must follow the certification procedures out-
lined in CP-901 , adopted July 26, 2004 or CP-902, July 26, 2004. as ap-
plicable, which are incorporated by reference herein.
(b) Certification of Complete Systems
Certification of a complete evaporative emission control system is re-
quired. An applicant for certification of an evaporative emission control
system that complies with the diurnal standards specified in section
2754(a), or section 2757 must submit diurnal evaporative emission data
for an engine or equipment that exhibits the highest evaporati ve emission
characteristics for an evaporative family as part of the certification ap-
plication.
(1) An applicant for certification of an evaporative emission control
system that complies with the fuel hose permeation standard specified in
section 2754(a) must submit fuel hose permeation data for model year
2006 equipment as part of the certification application. Alternatively,
manufacturers may submit the Executive Order number approving the
component pursuant to section 2767.1 of this Article.
(2) An applicant for certification of an evaporative emission control
system that complies with the design standards specified in section
2754(b) must submit fuel tank permeation data, fuel hose permeation
data, and carbon canister butane working capacity data or equivalent for
an engine or equipment that exhibits the highest evaporative emission
characteristics for an evaporative family as part of the certification ap-
plication. Alternatively, manufacturers may submit the Executive Order
number approving the component pursuant to section 2767.1 of this Ar-
ticle.
(3) An applicant for certification of an evaporative emission control
system that complies with the fuel tank permeation standards specified
in section 2755 must submit fuel tank permeation data that exhibits the
highest evaporative emission characteristics for an evaporative family as
part of the certification application. For engines less than or equal to 80
cc, the manufacturer need only test the tank with the most surface area
for all evaporative families with the same material/process. These certifi-
cation test results can then be used in the certification of other tanks/en-
gine families constructed of the same materials/processes.
(4) TP-901, adopted July 26, 2004, is used to determine fuel tank per-
meation. TP-902, adopted July 26, 2004, is used to determine the evapo-
rative emissions from engines or equipment with complete evaporative
emission control systems.
(c) Modifications to the Evaporative Emission Control System
(1) Manufacturers are allowed to replace the nominal fuel tank and/or
nominal fuel line of a certified evaporative emission control system that
complies with the performance-based standards specified in section
2754 with an equivalent fuel tank and/or equivalent fuel line. All other
evaporative emission control components in a system that complies with
the performance-based standards in section 2754 must function similar-
ly and have equivalent or better performance to those components used
to certify the control system.
(2) Modification of any certified evaporative emission control systems
in any manner other than replacement of the nominal tanks and/or fuel
lines with equivalent fuel tanks and/or fuel lines invalidates the certifica-
tion of the control system. When any evaporative emission control sys-
tem's certification is invalidated due to an unapproved modification, a
new certification is required per CP-902, adopted July 26, 2004.
(3) Manufacturers are required to notify the Executive Officer in writ-
ing of any modification of any certified evaporative emission control sys-
tem. The notification must include a statement citing the basis for the
equivalent fuel tank and/or fuel line determination.
Page 341
Register 2005, No. 33; 8-19-2005
§2754
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(d) Reduced Certification Requirements
Manufacturers meeting the requirements of section 2766 of this Ar-
ticle must be certified annually by the Air Resources Board by submitting
a Letter of Conformance. The Letter of Conformance must include, at a
minimum, a statement citing the basis for complying with section 2766.
An Executive Order of Certification for such engines or equipment must
be obtained prior to the sale or lease, or the offering for sale or lease, or
the delivery or importation for introduction into commerce in California
of such engines or equipment in California.
NOTE: Authority cited: Sections 39600, 39601 and 43013, Health and Safety
Code. Reference: Section 43013, Health and Safety Code.
HtSTORY
1 . New section filed 9-20-2004; operative 10-20-2004 (Register 2004, No. 39).
§ 2754.
Evaporative Emission Performance and Design
Standards.
The table below specifies the evaporative emission performance and
design standards for small off-road engines, and equipment that use
small off-road engines, with displacements greater than 80 cc.
Table J
Evaporative Emission Standards
Effective Date
Model Year
2006
2007 and 2008
2009
Performance
Requirements
Section 2754(a)'
Diurnal
Standard
Grains HC/day
None
1.3
1.0
Design Requirements Section 2754(b)
Fuel Hose
Permeation
Grams ROG/m2/day
Fuel Tank
Permeation-
Grams ROG/m2/dav
Displacement Category: Walk-Behind Mowers
>80 cc - <225cc
15
N/A
N/A
None
N/A
N/A
Displacement Category: Non Walk-Behind Mowers
> 80 cc - <225cc
Carbon Canister^ or
Equivalent Butane Working
Capacity Grams HC
None
N/A
N/A
None
Specified in TP-902
Specified in TP-902
None
Specified in TP-902
Specified in TP-902
Specified in TP-902
1 For model year 2006 only, all engines and equipment with displacements > 80 cc - <225cc must comply with the fuel hose permeation design requirement in section
2754(a)(1)(C). Engines and equipment with displacements greater than or equal to 225 cc must comply with the fuel hose permeation design requirement in section
2754(a)(1)(C) for model years 2006 and 2007 only.
2 Permeation emissions as determined by TP-901. Permeation emissions must be measured to two significant figures.
3 Canister design requirements and the procedure for determining butane working capacity are specified in TP-902. The Executive Officer may designate technology
equivalent to carbon canisters on a case by case basis as part of the certification process per section 2766.
4 Applies to small production volume tanks exempted pursuant to section 2766.
2006
None
15
None
2007 through 201 1
1.20 + 0.056*tank vol. (liters)
15
2.5
2012
0.95 + 0.056*tank vol. (liters)
15
1.5
Displacement Category: >225 cc
2006 and 2007
None
15
None
2008
1.20 + 0.056*tank vol. (liters)
15
2.5
20 104
None
15
None
2013
1.20 + 0.056*tank vol. (liters)
15
1.5
(a) On or after the model year set out in Table 1 of section 2754, evapo-
rative emissions from any small off-road engine or equipment that use
small off-road engines certifying under this section 2754(a) must not ex-
ceed the performance requirements specified in Table 1 of section 2754.
(1) Manufacturers certifying engines or equipment under this section
2754(a) shall do the following:
(A) Submit a determination in the certification application that run-
ning loss emissions are controlled from being emitted into the atmo-
sphere. The Executive Officer must approve the determination for an
Executive Order of Certification to be issued. Approval by the Executive
Officer is not required if actively purged carbon canisters meeting the re-
quirements of this article are used.
(B) Test all evaporative families in accordance with TP-902.
(C) Provide test data in the certification application showing that fuel
lines meet the permeation requirement of 15 grams/m2/day using test
procedure SAE J1737 (Issued August 1997). The permeation testing
must be conducted at 40°C, or higher, and ambient pressure using Phase
II California Reformulated Certification (CERT) fuel, CE 10, CM 15, or
Indolene. Alternatively, manufacturers can submit the Executive Order
number approving the component pursuant to section 2767.1 of this Ar-
ticle.
(b) On or after the model year set out in Table 1 of section 2754, evapo-
rative emissions from any small off-road engine or equipment that use
small off-road engines certifying under this section 2754(b) must not ex-
ceed the design requirements specified in Table 1 of section 2754.
(1) Manufacturers certifying engines or equipment under 2754(b)
shall also do the following:
(A) Submit a determination in the certification application that the run-
ning loss emissions are controlled from being emitted into the atmo-
sphere. The Executive Officer must approve the determination before an
Executive Order of Certification can be issued. Approval by the Execu-
tive Officer is not required if actively purged carbon canisters meeting
the requirements of this article are used.
(B) Provide test data in the certification application showing that the
fuel tank and carbon canister meet the applicable design requirements.
Provide test data in the certification application showing that fuel lines
meet the permeation requirement of 15 grams/m2/day using test proce-
dure SAE J1737 (Issued August 1997). The permeation testing must be
Page 342
Register 2005, No. 33; 8-19-2005
Title 13
Air Resources Board
§ 2754.1
conducted at 40°C, or higher, and ambient pressure using Phase II
California Reformulated Certification (CERT) fuel, CE10, CM 15, or In-
dolene. Alternatively, manufacturers can submit the Executive Order
number approving the component pursuant to section 2767. J of this Ar-
ticle.
NOTE: Authority cited: Sections 39600, 39601 and 43013, Health and Safety
Code. Reference: Section 43013, Health and Safety Code.
History
1. New section filed 9-20-2004; operative 10-20-2004 (Register 2004, No. 39).
2. Change without regulatory effect adding footnote 4 to Table 1 filed 8-1 8-2005
pursuant to section 100, title 1, California Code of Regulations (Register 2005,
No. 33).
§ 2754.1 . Certification Averaging and Banking.
(a) Applicability — The averaging requirements specified in this sec-
tion 2754 apply only to engines or equipment with complete evaporative
emission control systems certified to the diurnal emission performance
standards specified in section 2754(a) of this Article. Participation in the
certification averaging and banking program is voluntary. The provi-
sions of this section are applicable only for determining compliance with
this section.
(b) General provisions.
(1) The certification averaging and banking provisions for diurnal
emissions from eligible engines and equipment are described in this sec-
tion.
(2) A manufacturer of an evaporative family subject to this Article
may use the averaging and banking provisions of this section 2754 for the
purpose of creating diurnal emissions credits.
(3) A manufacturer shall not include in its calculation of credit genera-
tion and may exclude from its calculation of credit usage, any new en-
gines or equipment not subject to this Article.
(4) A manufacturer may include its entire inventory of an evaporative
family subject to this Article in calculating the diurnal emissions credit
for a given model year.
A manufacturer shall certify evaporative families to an Evaporative
Family Emission Limit Differential (EFELD). The EFELD is declared
by an engine or equipment manufacturer and can be positive or negative
subject to the limitation in subsections (b)(6) and (b)(7) of this section,
provided the sum of the manufacturer's projected balance of credits from
all credit transactions for each engine class in a given model year is great-
er than or equal to zero, as determined under subsection (e). The EFELD
is determined based on the diurnal test results, in accordance with
TP-902, of the worst case model of engine or equipment within an evapo-
rative family. The worst case model of engine or equipment is defined as
the engine or equipment expected to produce the highest negative or the
smallest positive EFELD within the family on a per unit basis. The
EFELD is calculated by setting the EMEL for the model of engine or
equipment tested at a level above the diurnal test results and then sub-
tracting the EMEL from the applicable standard level for the model.
(A) A manufacturer of an evaporative family with a negative EFELD
shall obtain positive emission credits sufficient to address the associated
credit shortfall within the time period set out in (8) below.
(B) An evaporative family with a positive EFELD may generate posi-
tive emission credits for averaging, or banking, or a combination thereof.
(6) No walk-behind mowers within an evaporative family may have
diurnal emissions greater than 1.5 times the applicable diurnal standard
in section 2754(a).
(7) No model of Class I or Class II engine or equipment (excluding
walk-behind mowers) within an evaporative family may have diurnal
emissions greater than 3.0 times the applicable diurnal standard in sec-
tion 2754(a).
(8) A manufacturer must demonstrate compliance with this section
within 270 days of the end of the model year.
(9) No new Executive Order of Certifications will be issued to the
manufacturer until a plan to make up the emissions deficit plus a penal
amount of 25% of the deficit has been approved by the Executive Officer.
(10) The failure of a manufacturer to comply with the diurnal emis-
sions standards in accordance with this section 2754 shall be grounds for
revocation or suspension of the Executive Order of Certification in ac-
cordance with section 2770. A revocation under this provision shall be
deemed to revoke the Executive Order of Certification ab Initio.
(1 1) The failure of a manufacturer to submit the plan required in sub-
section (b)(9) above within 270 days of the end of a model year shall be
grounds for revocation or suspension of the Executive Order of Certifica-
tion in accordance with section 2770. A revocation under this provision
shall be deemed to revoke the Executive Order of Certification ab initio.
(c) Averaging.
(1) Negative credits from evaporative families with negative EFELDs
must be offset by positive credits from evaporative families having posi-
tive EFELDs, as allowed under the provisions of this section. Averaging
of credits in this manner is used to determine compliance under subsec-
tion (e)(2).
(2) Subject to the provisions in subsection (b)(9), credits used in aver-
aging for a given model year may be obtained from credits generated in
the same model year by another evaporative family, or credits banked in
previous model years, The restrictions of this subsection notwithstand-
ing, credits from a given model year may be used to address credit needs
of previous model year engines.
(d) Banking.
(1) Beginning with the 2007 model year, a manufacturer of an evapo-
rative family with a positive EFELD for model year 2007 and subsequent
engines and equipment may bank credits in that model year for use in av-
eraging. Positive credits may be banked only according to the require-
ments of subsection (e)(1) of this section.
(2) A manufacturer may bank emission credits only after the end of the
model year and after ARB has reviewed the manufacturer' s end-of-year
reports. During the model year and before submittal of the end-of-year
report, credits originally designated in the certification process for bank-
ing will be considered reserved and may be redesignated for averaging
in the end-of-year report and final report.
(3) A manufacturer may use credits claimed from a previous model
year that have not been approved by the ARB, in an averaging calcula-
tion pending the review of the ARB. In the event such review does not
substantiate the amount of credits claimed, an Executive Order will not
be issued until a plan to make up the emissions deficit has been approved
by the Executive Officer.
(e) Credit Calculation and Manufacturer Compliance with Emission
Standards
(1 ) For evaporative family, diurnal emission credits (positive or nega-
tive) are to be calculated according to the following equation and
rounded to the nearest tenth of a gram. Consistent units with two signifi-
cant digits are to be used throughout the equation.
EFELD = Applicable standard level — EMEL
Credits = EFELD x Sales
Where:
EMEL = the declared evaporative model emission limit for the model
tested within the evaporative family in grams
EFELD = the calculated evaporative family emission limit differential
in grams
Sales = the total Sales for all models within a given evaporative family
Sales or Eligible Sales means the actual or calculated sales of an evap-
orative family in California for the purposes of averaging and banking.
Upon Executive Officer approval, an engine or equipment manufacturer
may calculate its eligible sales through market analysis. Because of the
multiple steps in the product distribution chain and confidential nature of
sales information for many retailers and original equipment manufactur-
ers an educated and consistent estimate with the best available documen-
tation will be acceptable as the final report of sales in California. Actual
sales are sales calculated at the end of a model year on that model year's
production, rather than estimates of production. Actual sales volume is
used in determining actual credits for end-of-year compliance deter-
mination.
Page 343
Register 2005, No. 33; 8-19-2005
§ 2754.2
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(2) Manufacturer compliance with this section is determined on a cor-
porate average basis at the end of each model year. A manufacturer is in
compliance when the sum of positive and negative emission credits it
holds is greater than or equal to zero.
(f) Certification Using Credits.
(1) For certification relying on averaging or banking of credits, a
manufacturer shall:
(A) Submit a statement that the engines for which certification is re-
quested will not, to the best of the manufacturer's knowledge, cause the
manufacturer to be in noncompliance under subsection (e)(2) when all
credits are calculated for all the manufacturer's engine families.
(B) Declare an EFELD for the evaporative family. The EFELD must
be calculated to two significant digits.
(C) Indicate the projected number of emission credits generated/need-
ed for this family; the projected applicable eligible sales volume and the
values required to calculate credits as given in section 2754(e).
(D) Submit calculations in accordance with section 2754(e) of proj-
ected emission credits (positive or negative) based on production projec-
tions for each family.
(E)(i) If the evaporative family is projected to generate negative emis-
sion credits, state specifically the source (manufacturer/evaporative fam-
ily or reserved) and quantity of the credits necessary to offset the credit
deficit according to projected production.
(ii) If the evaporative family is projected to generate positive emission
credits, state specifically the recipient (manufacturer/evaporative family
or reserved) and quantity of the credits used to offset a deficit banked ac-
cording to where the projected credits will be applied.
(2) The manufacturer may supply the information required above in
section 2754(f)(1)(C), (D), and (E) by use of a spreadsheet detailing the
manufacturer's annual production plans and the credits generated or con-
sumed by each evaporative family.
(3) The manufacturer bears the burden of establishing to the satisfac-
tion of the Executive Officer that the conditions upon which the Execu-
tive Order was issued were satisfied.
(4) Projected credits based on information supplied in the certification
application may be used to obtain an Executive Order. However, any
such credits may be revoked based on review of end-of-year reports, fol-
low-up audits, and any other verification steps considered appropriate by
the Executive Officer.
(g) Maintenance of records.
(1) The manufacturer shall establish, maintain, and retain the follow-
ing adequately organized and indexed records for each evaporative fami-
ly:
(A) ARB evaporative family identification code,
(B) Declared EFELD,
(C) Projected sales volume for the model year, and
(D) Records appropriate to establish the quantities of engines or equip-
ment that constitute eligible sales for each evaporative family.
(2) The manufacturer shall retain all records required to be maintained
under this section for a period of eight years from the due date for the
end-of-model year report. Records may be retained as hard copy, CD-
ROM, diskettes, and so forth, depending on the manufacturer's record
retention procedure; provided, that in every case all information con-
tained in the hard copy is retained.
(3) Nothing in this section limits the Executive Officer's discretion in
requiring the manufacturer to retain additional records or submit in-
formation not specifically required by this section.
(4) A manufacturer shall submit all information requested by the
Executive Officer within 30 days of the date of such request.
(5) The Executive Officer may revoke or suspend the Executive Order
for an evaporative family for which the manufacturer fails to retain the
records required in this section or to provide such information to the
Executive Officer upon request. No new Executive Orders will be issued
to the manufacturer until the requested records are made available and/or
a plan that describes the records to be retained as required by this section
is approved by the Executive Officer.
(h) End-of-year and final reports.
(1) End-of-year and final reports must indicate the evaporative fami-
ly, the actual sales volume, the values required to calculate credits as giv-
en in subsection (e), and the number of credits generated/required.
Manufacturers shall also submit how and where credit surpluses were
dispersed (or are to be banked) and/or how and through what means cred-
it deficits were met. The report must include a calculation of credit bal-
ances to show that the credit summation for each class of engines or
equipment is equal to or greater than zero.
(2) The calculation of eligible sales as defined in subsection (e)(1) of
this section for end-of-year and final reports must be based on the loca-
tion of the point of first retail sale (for example, retail customer or dealer)
also called the final product purchase location. Upon advance written re-
quest, the Executive Officer will consider other methods to track engines
for credit calculation purposes, such as shipments to distributors of prod-
ucts intended for sale in California.
(3)(A) End-of-year reports must be submitted within 90 days of the
end of the model year to:
CHIEF. MOBILE SOURCE OPERATIONS DIVISION,
MR RESOURCES BOARD,
9528 TELSTAR, EL MONTE, CA 91731.
(B) Unless otherwise approved by the Executive Officer, final reports
must be submitted within 270 days of the end of the model year to: Chief,
Mobile Source Operations Division, Air Resources Board, 9528 Telstar,
El Monte, CA 91731.
(4) Failure by a manufacturer to submit any end-of-year or final re-
ports in the specified time for any engines or equipment subject to regula-
tion under this section is a violation of this section for each engine or
equipment in the evaporative family covered by the report.
(5) A manufacturer generating credits for banking only who fails to
submit end-of-year reports in the applicable specified time period (90
days after the end of the model year) may not use the credits until such
reports are received and reviewed by ARB. Use of projected credits
pending ARB review is not permitted in these circumstances.
(6) Errors discovered by ARB or the manufacturer in the end-of-year
report, including errors in credit calculation, may be corrected in the final
report.
(7) If ARB or the manufacturer determines that a reporting error oc-
curred on an end-of-year or final report previously submitted to ARB
under this section, the manufacturer's credits and credit calculations
must be recalculated. Erroneous positive credits will be void except as
provided in subsection (h) of this section. Erroneous negative credit bal-
ances may be adjusted by ARB.
(8) If within 270 days of the end of the model year, ARB review deter-
mines a reporting error in the manufacturer's favor (that is, resulting in
an increased credit balance) or if the manufacturer discovers such an er-
ror within 270 days of the end of the model year, ARB must restore the
credits for use by the manufacturer.
NOTE: Authority cited: Sections 39600, 39601 and 43013, Health and Safety
Code. Reference: Section 43013, Health and Safety Code.
History
1. New section filed 9-20-2004; operative 10-20-2004 (Register 2004, No. 39).
§ 2754.2. Validation Study.
(a) To confirm that the performance-based evaporative certification
option in section 2754(a) and the design-based evaporative certification
option in section 2754(b) are achieving ARB's overall emission reduc-
tion goals, ARB will conduct an in ventory validation study utilizing diur-
nal test data from such equipment.
(b) This validation study will be conducted at two time periods: (a) in
2010 for the years 2008, 2009 and 2010 and (b) in 2015 for the years
2013, 2014 and 2015.
(c) For each year in the study, the Executive Officer will select engine
and/or equipment evaporative families and request, from the certificate
holder, one production unit from each identified family from production
inventory according to a method specified by the Executive Officer.
Diurnal testing of each selected unit (including the complete evaporative
Page 344
Register 2005, No. 33; 8-19-2005
Title 13
Air Resources Board
§2757
emission control system) will be conducted pursuant to TP-902, includ-
ing pre-conditioning. Unless otherwise directed by the Executive Offi-
cer, three data points will be generated and submitted to the Executive
Officer for each engine and / or equipment tested.
(d) The number of data points and equipment to be tested for this val-
idation study is as follows:
Year
Number of Data Points
(# of Equipment Tested)
for Units Certified per the
Performance-Based Standards
Under Section 2754(a)
Number of Data Points
(# of Equipment Tested)
for Units Certified per
the Design-Based Standards
Under Section 2754(b)
2008
9(3)
45(15)
2009
3d)
\5 (5)
2010
3(1)
15(5)
2013
9(3)
45(15)
2014
3(1)
15(5)
2015
3(1)
15(5)
(e) The costs for testing engines or equipment certified under the de-
sign-based element of the validation study are the responsibility of the
certificate holder. The costs for testing engines or equipment certified un-
der the performance-based element of the validation study are the re-
sponsibility of ARB. For each of the years 2010 and 2015, the Executive
Officer will also review the annual performance-based and design-
based certification submissions for that year and two prior years (i.e.,
2010, 2009, 2008 for the 2010 validation and 2015, 2014, 2013 for the
2015 validation) to supplement this validation study.
(0 The Executive Officer will evaluate the data collected and, based
on reasonable criteria, make a determination whether the performance-
based option in section 2754(a) and the design-based option in section
2754(b) are achieving ARB's overall emission reduction goals. In mak-
ing this determination, the Executive Officer will consider, among other
things, whether a particular product tested is in full compliance with the
underlying standards and whether the product configurations are non-
representative (i.e., large tanks).
NOTE: Authority cited: Sections 39600, 39601 and 43013, Health and Safety
Code. Reference: Section 43013, Health and Safety Code.
History
1. New section filed 9-20-2004; operative 10-20-2004 (Register 2004, No. 39).
§ 2755. Permeation Emissions Performance Standard.
On or after the model year set out herein, fuel tanks used on equipment
subject to this section must not exceed the following permeation rates:
Permeation Rate Standard
(grams per meter2 per day)
Requirement^
Tank Permeation
Effective Date
Model Year
Applicability
2007
Equipment That Use
Gasoline Powered Small
Off-Road Engines
With Displacements <80cc
Fuel Tank Permeation
Emisions Shall Not
Exceed 2.0 Grams Per
Square Meter Per Day As
Determined By TP-901.
1 Permeation rate must be measured to two significant digits.
(a) Data documenting the permeation rate of fuel tanks must be in-
cluded in a certification application, except for models of equipment
which use "equivalent fuel tanks." Such data are not required for engines
or equipment meeting the requirements of section 2766.
(b) The test procedure for determining compliance with the standards
for permeation rates from small off-road engine fuel tanks are set forth
in "Test Procedure for Determining Permeation Emissions from Small
Off-Road Engine Equipment Fuel Tanks, TP-901," adopted July 26,
2004, which is incorporated by reference herein.
NOTE: Authority cited: Sections 39600, 39601 and 43013, Health and Safety
Code. Reference: Section 43013, Health and Safety Code.
History
1 . New section filed 9-20-2004; operative 10-20-2004 (Register 2004, No. 39).
§ 2756. Fuel Cap Performance Standard.
For the model year set out herein, no person shall sell, supply, offer for
sale or manufacture for sale fuel caps for fuel tanks for small off-road en-
gines or equipment that use small off-road engines with displacements
>80 cc subject to this Article that do not meet the following performance
standards unless exempted in an Executive Order issued pursuant to sec-
tion 2767 of the Article:
Fuel Cap Performance Standards
(a) Fuel cap must be permanently tethered to the tank, equipment, or
engine; and
(b) Fuel cap must be designed to provide physical and/or audible feed-
back to the user that a fuel tank vapor seal is established.
The following table defines equipment subject to the fuel cap perfor-
mance standards of this section:
Equipment Subject to the Fuel Cap Performance Standards
Effective Date
Model Year
2007
2008
Applicability
Fuel Caps For ALL SORE Equipment With
Small Off-Road Engines
>80 cc to <225cc
Fuel Caps For ALL SORE Equipment With
Small Off-Road Engines
> 225 cc
NOTE: Authority cited: Sections 39600, 39601 and 43013, Health and Safety
Code. Reference: Section 43013, Health and Safety Code.
History
1. New section filed 9-20-2004; operative 10-20-2004 (Register 2004, No. 39).
§ 2757. Optional Performance Standards.
The Air Resources Board recognizes that evaporative emissions can
be further reduced by incorporating advanced fuel system designs that re-
duce or eliminate carburetor and permeation emissions. These optional
performance standards are emission targets that are more stringent than
the performance standards set out in section 2754, and 2755. These op-
tional performance standards will be part of a statewide clean air-label-
ing program. Upon implementation, a manufacturer certifying to an op-
tional performance standard would be allowed to affix a "Blue Sky
Label" on their equipment.
Optional Permeation Rate Standard
Effective Date Requirement
Model Year Applicability
Equipment That Use
2007 Gasoline Powered Small
Off-Road Engines With
Displacements
<80cc
Tank Permeation
Fuel Tank Permeation
Emissions Shall Not
Exceed 1 .0 Grams Per
Square Meter Per Day As
Determined By TP-901 .
1 Permeation rate must be measured to two significant digits.
Effective Date
Model Year
2007
Optional Evaporative Emission Standards
(Grams per 24-hour diurnal test)
Requirement
Total Hydrocarbons
Applicability
All Equipment That Use
Small Off-Road Engines
With Displacements
> 80 cc To < 225cc
Diurnal Emissions Shall
Not Exceed 0.5 Grams
Total Hydrocarbons Per
Day As Determined By
TP-902.
2008 and Later
Diurnal Emissions Shall
Not Exceed 1 .0 Grams
Total Hydrocarbons Per
Day As Determined By
TP-902.
1 Diurnal emissions must be measured to two significant digits.
All Equipment That Use
Small Off-Road Engines
With Displacements
> 225 cc
NOTE: Authority cited: Sections 39600, 39601 and 43013, Health and Safety
Code. Reference: Section 43013, Health and Safety Code.
Page 345
Register 2004, No. 39; 9-24-2004
§2758
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
History
1. New section filed 9-20-2004; operative J 0-20-2004 (Register 2004, No. 39).
§ 2758. Test Procedures.
(a) Testing to determine compliance with section 2754 of this Article
shall be performed using TP-902, adopted July 26, 2004, which is incor-
porated by reference herein.
(b) Testing to determine compliance with section 2755 of this Article
shall be performed using TP-901 , adopted July 26, 2004, which is incor-
porated by reference herein.
(c) Testing to determine compliance with section 2757 of this Article
shall be performed using TP-901, adopted July 26, 2004 to determine
permeation emissions, and TP-902, adopted July 26, 2004, to determine
diurnal emissions.
Test procedures referred to in this Article may be obtained from the
California Air Resources Board at P.O. Box 2815, Sacramento, Califor-
nia 95812 or over the Internet at http:Wwww.arb.ca.gov.
NOTE: Authority cited: Sections 39600, 39601 and 43013, Health and Safety
Code. Reference: Section 43013, Health and Safety Code.
History
1 . New section filed 9-20-2004; operative 10-20-2004 (Register 2004, No. 39).
§ 2759. Equipment and Component Labeling.
(a) Purpose. The Air Resources Board recognizes that certain emis-
sions-critical and/or emissions-related parts must be properly labeled in
order to identify equipment that meets applicable evaporative emission
standards. These specifications require equipment and/or engine
manufacturers to affix a certification label (or labels) on each production
equipment (or engine, as applicable).
(b) Applicability. These specifications apply to:
(1) Engines or equipment that have been certified to the applicable
evaporative emission standards in this Article.
(2) Equipment manufacturers who use an engine certified under this
Article if their equipment obscures the emissions control label of such
certified engine.
(c) Certification Label Content and Location.
(1) A plastic or metal label must be welded, riveted or otherwise per-
manently attached by the equipment or engine manufacturer to an area
on the engine or equipment in such a way that it will be readily visible.
(2) In selecting an acceptable location, the possibility of accidental
damage must be considered (e.g. possibility of tools or sharp instruments
coming in contact with the label). Each certification label must be affixed
in such a manner that it cannot be removed without destroying or defac-
ing the label, and must not be affixed to any engine (or equipment, as ap-
plicable) component that is easily detached from the engine or equipment
as applicable.
(3) The engine or equipment label information must be written in the
English language and use block letters and numerals (i.e., sans serif, up-
per-case characters) that must be of a color that contrasts with the back-
ground of the label.
(4) The engine or equipment label must contain the following informa-
tion:
(A) The label heading must read: "IMPORTANT EMISSIONS IN-
FORMATION." When combined with an exhaust label, "EMISSIONS"
relates to both exhaust and evaporative emissions.
(B) The full corporate name or trademark of the engine or equipment
manufacturer.
1. A manufacturer may request approval to delete its name and trade-
mark, and substitute the name and trademark of another manufacturer,
original equipment manufacturer, or third-party distributor.
2. Such an approval does not relieve the manufacturer of complying
with the requirements imposed by this Article.
(C) Identification of the evaporative emission control system. Ab-
breviations per SAE Jl 930 dated May 14, 2002, or manufacturers evapo-
rative code as defined in the owners manual are allowed if they are sub-
mitted as part of the certification application.
(D) The date of engine manufacture (month and year) for evaporative
emission control systems certified by the engine manufacturer or the date
of equipment manufacture (month and year) for evaporative emission
control systems certified by the equipment manufacturer.
(E) An unconditional statement of compliance with the appropriate
model year(s) (for 2006 and later) California regulations; for example,
"THIS ENGINE MEETS 2006 CALIFORNIA EVP EMISSION REG-
ULATIONS FOR SMALL OFF-ROAD ENGINES".
(F) Evaporative emissions family. Attachment 1 of the Certification
Procedures, CP-902, adopted July 26, 2004, contains the classification
criteria for determining an evaporative family for engines greater than 80
cc. For equipment less than or equal to 80 cc, the engine exhaust family
is the evaporative family.
(d) Conformance with Other Requirements. A label may state that the
equipment conforms to any applicable Federal, Canadian, or European
evaporative emission standards for new equipment; or any other in-
formation that the manufacturer deems necessary for, or useful to, the
proper operation and satisfactory maintenance of the engine.
(e) Label Visibility. As used in these specifications, readily visible to
the average person means that a label is readable from a distance of 46
centimeters (18 inches) without any obstructions from equipment or en-
gine parts (including all original equipment manufacturer or engine
manufacturer (as applicable) available optional equipment) except for
flexible parts (e.g., vacuum hoses, ignition wires) that can be moved out
of the way without disconnection. Alternatively, information required by
these specifications to be printed on the equipment and/or engine (as ap-
plicable) must be no smaller than 2 millimeters in height provided that
no equipment or engine parts (including all manufacturer available op-
tional equipment), except for flexible parts, obstruct the label(s).
(f) Label Durability. The labels and any adhesives used must be de-
signed to withstand, for the equipment's useful life, typical equipment
environmental conditions in the area where the labels required by this
section are attached. Typical equipment environmental conditions in-
clude, but are not limited to, exposure to engine fuels, lubricants and
coolants (e.g., gasoline, motor oil, water, and ethylene glycol). The en-
gine or equipment manufacturer must submit, with its certification ap-
plication, a statement attesting that its labels comply with these require-
ments.
(g) Sample Label Submission. Samples of all actual production labels
used within an evaporative family must be submitted to the Executive Of-
ficer within thirty days after the start of production. Sample labels are not
required for carry over certification unless labels are revised. Engine
manufacturers must provide samples of their own applicable production
labels, and samples of applicable production labels of the equipment
manufacturer that are accessible to the engine manufacturers due to any
direct market arrangement between such manufacturers.
(h) The Executive Officer may approve alternate label locations or
may, upon request, waive or modify the label content requirements pro-
vided that the intent of these specifications is met. Such approval may be
conditioned upon providing such information in the owner's manual as
the Executive Officer deems appropriate.
(i) Labeling Enforcement
Use of labels that are different from those approved will be grounds
for revocation or suspension of the Executive Order of Certification.
NOTE: Authority cited: Sections 39600, 39601 and 43013, Health and Safety
Code. Reference: Section 43013, Health and Safety Code.
History
1. New section filed 9-20-2004; operative 10-20-2004 (Register 2004, No. 39).
§ 2760. Defects Warranty Requirements for Small
Off-Road Engines.
(a) Applicability. This section applies to small off-road engines or
equipment that use small off-road engines subject to the performance
standards in this Article. The warranty period begins on the date the en-
gine or equipment is delivered to an ultimate purchaser.
(b) General Evaporative Emissions Warranty Coverage. The engine or
equipment must be warranted to the ultimate purchaser and any subse-
Page 346
Register 2004, No. 39; 9-24-2004
Title 13
Air Resources Board
§2761
quent owner that the evaporative emission control system when installed
was:
(1) Designed, built, and equipped so as to conform with all applicable
regulations; and
(2) Free from defects in materials and workmanship that causes the
failure of a warranted part for a period of two years.
(c) The warranty on evaporative emissions-related parts will be inter-
preted as follows:
(1) Any warranted part that is not scheduled for replacement as re-
quired maintenance in the written instructions required by subsection (e)
must be warranted for the warranty period defined in subsection (b)(2).
If any such part fails during the period of warranty coverage, it must be
repaired or replaced by the manufacturer issuing the warranty according
to subsection (4) below. Any such part repaired or replaced under the
warranty must be warranted for a time not less than the remaining war-
ranty period.
(2) Any warranted part that is scheduled only for regular inspection in
the written instructions required by subsection (e) must be warranted for
the warranty period defined in subsection (b)(2). A statement in such
written instructions to the effect of "repair or replace as necessary" will
not reduce the period of warranty coverage. Any such part repaired or re-
placed under warranty must be warranted for a time not less than the re-
maining warranty period.
(3) Any warranted part that is scheduled for replacement as required
maintenance in the written instructions required by subsection (e) must
be warranted for the period of time prior to the first scheduled replace-
ment point for that part. If the part fails prior to the first scheduled re-
placement, the part must be repaired or replaced by the manufacturer ac-
cording to subsection (4) below. Any such part repaired or replaced under
warranty must be warranted for a time not less than the remainder of the
period prior to the first scheduled replacement point for the part.
(4) Repair or replacement of any warranted part under the warranty
provisions of this article must be performed at no charge to the owner at
a warranty station.
(5) Notwithstanding the provisions of subsection (4) above, warranty
services or repairs must be provided at distribution centers that are fran-
chised to service the subject engines or equipment.
(6) The owner must not be charged for diagnostic labor that leads to
the determination that a warranted part is in fact defective, provided that
such diagnostic work is performed at a warranty station.
(7) Throughout the evaporative emission control system's warranty
period set out in subsection (b)(2), the manufacturer issuing the warranty
must maintain a supply of warranted parts sufficient to meet the expected
demand for such parts.
(8) Manufacturer approved replacement parts must be used in the per-
formance of any warranty maintenance or repairs and must be provided
without charge to the owner. Such use will not reduce the warranty ob-
ligations of the manufacturer issuing the warranty.
(9) The use of any add-on or modified parts will be grounds for disal-
lowing a warranty claim made in accordance with this article. The
manufacturer issuing the warranty will not be liable under this Article to
warrant failures of warranted parts caused by the use of an add-on or mo-
dified part.
(10) The manufacturer issuing the warranty shall provide any docu-
ments that describe that manufacturer's warranty procedures or policies
within five working days of request by the Executive Officer.
(d) A copy of the following evaporative emission warranty parts list
must be included with each new engine or equipment subject to this Ar-
ticle, using those portions of the list applicable to the engine or equip-
ment.
(1) Fuel Tank*
(2) Fuel Cap
(3) Fuel Line
(4) Fuel Line Fittings
(5) Clamps**
(6) Pressure Relief Valves**
(7) Control Valves**
(8) Control Solenoids**
(9) Electronic Controls**
(10) Vacuum Control Diaphragms**
(11) Control Cables**
(12) Control Linkages**
(13) Purge Valves
(14) Vapor Hoses
(15) Liquid/Vapor Separator
(16) Carbon Canister
(17) Canister Mounting Brackets
(18) Carburetor Purge Port Connector
*Note: The parts list for equipment less than or equal to 80 cc only includes the
fuel tank.
**Note: As they relate to the evaporative emission control system.
(e) Written instructions for the maintenance and use of the evaporative
emissions control system by the owner shall be furnished with each new
engine or equipment subject to this Article. The instructions must be con-
sistent with this article and applicable regulations contained herein.
(f) The documents required by subsection (d) must be submitted with
the application for evaporative emission control system certification for
approval by the Executive Officer. Approval by the Executive Officer of
the documents required by subsection (d) is a condition of certification.
The Executive Officer will approve or disapprove the documents re-
quired by subsection (d) within 90 days of the date such documents are
received.
(g) The application for evaporative emission control system certifica-
tion must also include a statement regarding the maintenance of the evap-
orative emission control system. The statement must include, but not be
limited to, information on evaporative emission control system mainte-
nance, and a maintenance schedule.
NOTE: Authority cited: Sections 39600, 39601 and 43013, Health and Safety
Code. Reference: Section 43013, Health and Safety Code.
History
1 . New section filed 9-20-2004; operative 10-20-2004 (Register 2004, No. 39).
§ 2761. Emission-Related Defect Reporting Requirements.
(a) Applicability. This section applies to 2007 model year and later
small off-road engines and equipment that use small off-road engines.
The requirement to report evaporative emission-related defects affecting
a given class or category of engines or equipment will remain applicable
for five years from the end of the calendar year in which such engines or
equipment were manufactured.
(b) A manufacturer must file a defect information report whenever, on
the basis of data obtained subsequent to the effective date of these regula-
tions:
(1) The manufacturer determines, in accordance with procedures es-
tablished by the manufacturer to identify either safety-related or perfor-
mance defects, that a specific evaporative emission-related defect exists;
and
(2) A specific evaporative emission-related defect exists in 25 or more
tanks, engines or equipment of a given evaporative family manufactured
in the same Executive Order or model year.
(c) No report must be filed under this section for any evaporative emis-
sion-related defect corrected prior to the sale of the affected engines or
equipment to ultimate purchasers.
(d) The manufacturer must submit defect information reports to Chief,
Mobile Source Operations Division, Air Resources Board, 9528 Telstar,
El Monte, CA 91731 , not more than 15 working days after an emission-
related defect is found to affect 25 or more engines or equipment certified
under the same Executive Order or model year. Information required by
subsection (d) of this section that is either not available within 15 work-
ing days or is significantly revised must be submitted to the Executive
Officer as it becomes available.
(e) Each defect report must contain the following information:
(1) The manufacturer's corporate name.
(2) A description of the defect.
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(3) A description of each class or category of engines or equipment po-
tentially affected by the defect including make, model, model year, cal-
endar year produced, and any other information required to identify the
engines affected.
(4) For each class or category of engines or equipment described in re-
sponse to subsection (d) of this section, the following must also be pro-
vided:
(A) The number of engines or equipment known or estimated to have
the defect and an explanation of the means by which this number was de-
termined.
(B) The address of the plant(s) at which the potentially defective en-
gines or equipment were produced.
(5) An evaluation of the evaporative emissions impact of the defect
and a description of any operational problems that a defective engine or
equipment might exhibit.
(6) Available evaporative emission data that relate to the defect.
(7) An indication of any anticipated manufacturer follow-up.
NOTE: Authority cited: Sections 39600, 39601 and 43013, Health and Safety
Code. Reference: Section 43013, Health and Safety Code.
History
1. New section filed 9-20-2004; operative 10-20-2004 (Register 2004, No. 39).
§ 2762. Voluntary Emission Recall Program.
(a) When any manufacturer initiates a voluntary emissions recall pro-
gram involving 25 or more tanks, engines, or equipment, the manufactur-
er must submit a report describing the manufacturer's voluntary emis-
sions recall plan as prescribed by this section within 15 working days of
the date owner notification began. The report must contain the following:
(1) A description of each class or category of engines or equipment re-
called including the number of tanks, engines or equipment to be re-
called, the model year, the make, the model, and such other information
as may be required to identify the engines recalled;
(2) A description of the specific modifications, alterations, repairs,
corrections, adjustments, or other changes to be made to correct the
tanks, engines, or equipment affected by the emission-related defect;
(3) A description of the method by which the manufacturer will notify
engine or equipment owners and, if applicable, the method by which the
manufacturer will determine the names and addresses of engine or equip-
ment owners;
(4) A description of the proper maintenance or use, if any, upon which
the manufacturer conditions eligibility for repair under the recall plan, an
explanation of the manufacturer's reasons for imposing any such condi-
tions, and a description of the proof to be required of an engine or equip-
ment owner to demonstrate compliance with any such conditions;
(5) A description of the procedure to be followed by engine or equip-
ment owners to obtain correction of the nonconformity. This may include
designation of the date on or after which the owner can have the noncon-
formity remedied, the time reasonably necessary to perform the labor to
remedy the defect, and the designation of facilities at which the defect can
be remedied;
(6) A description of the class of persons other than dealers and autho-
rized warranty agents of the manufacturer who will remedy the defect;
(7) When applicable, three copies of any letters of notification to be
sent engine owners;
(8) A description of the system by which the manufacturer will assure
that an adequate supply of parts is available to perform the repair under
the plan, and that the supply remains both adequate and responsive to
owner demand;
(9) Three copies of all necessary instructions to be sent to those per-
sons who are to perform the repair under the recall plan;
(10) A description of the impact of the proposed changes on fuel con-
sumption, performance, and safety of each class or category of engines
or equipment to be recalled;
(11) A sample of any label to be applied to engines or equipment that
participated in the voluntary recall campaign.
(b) The manufacturer must submit at least one report on the progress
of the recall campaign. Such report must be submitted no later than 18
months from the date notification was begun and include the following
information:
(1 ) The methods used to notify both engine or equipment owners, deal-
ers and other individuals involved in the recall campaign;
(2) The number of engines or equipment to be affected by the emis-
sion-related defect and an explanation of the means by which this num-
ber was determined;
(3) The number of engines or equipment actually receiving repair un-
der the plan; and
(4) The number of engines or equipment determined to be ineligible
for remedial action due to a failure to properly maintain or use such en-
gines.
(c) Send the defect report, voluntary recall plan, and the voluntary re-
call progress report to: Chief, Mobile Source Operations Division, Air
Resources Board, 9528 Telstar Avenue, El Monte, CA, 91731.
(d) Retain the information gathered by the manufacturer to compile the
reports for not less than five years from the date of the end of the model
year. The manufacturer must make this information available to duly au-
thorized officials of the ARB upon request.
(e) The filing of any report under the provisions of this section does
not affect a manufacturer's responsibility to file reports or applications,
obtain approval, or give notice under any provision of law.
(f) The act of filing an Emission Defect Information Report is incon-
clusive as to the existence of a defect subject to the warranty provided by
section 2764 of this Article.
(g) A manufacturer may include on each page of its Emission Defect
Information Report a disclaimer stating that the filing of a Defect In-
formation Report pursuant to these regulations is not conclusive as to the
applicability of the warranty provided by section 2764 of this Article.
NOTE: Authority cited: Sections 39600, 39601 and 43013, Health and Safety
Code. Reference: Section 43013, Health and Safety Code.
History
1. New section filed 9-20-2004; operative 10-20-2004 (Register 2004, No. 39).
§ 2763. Ordered Recalls.
(a)(1) If the Executive Officer determines that a substantial number of
any class or category of engines or equipment, or components used on
such engines or equipment certified pursuant to section 2754(b), al-
though properly maintained and used, do not meet the performance or de-
sign standards prescribed under this Article, when in actual use through-
out their useful life, the Executive Officer shall immediately notify the
responsible manufacturer of such nonconformity and require the
manufacturer to submit a plan for remedying the nonconformity.
The manufacturer's plan shall provide that the nonconformity of any
such engines or equipment that are properly used and maintained will be
remedied at the expense of the manufacturer.
If the manufacturer disagrees with such determination of nonconfor-
mity, the manufacturer may appeal such determination pursuant to sec-
tion 2771.
(2) Any notification required to be given by the manufacturer under
subsection (a)(1) of this section with respect to any class or category of
engines or equipment shall be given to dealers, ultimate purchasers, and
subsequent purchasers (if known) in such manner and containing such in-
formation as required in section 2761 of this Article.
(3)(A) Prior to an ARB ordered recall, the manufacturer may perform
a voluntary emissions recall pursuant to section 2762 of this Article. Such
manufacturer is subject to the reporting and record keeping requirements
of section 2762 subsections (c) and (d) of this Article.
(B) Once ARB determines that a substantial number of engines or
equipment fail to conform to the requirements of this Article, the
manufacturer will not have the option of a voluntary recall.
(b) The manufacturer bears all cost obligation a dealer incurs as a result
of a requirement imposed by subsection (a) of this section. The transfer
of any such cost obligation from a manufacturer to a dealer through fran-
chise or other agreement is prohibited.
(c) Any inspection of an engine or equipment for purposes of subsec-
tion (a)(1) of this section, after its sale to the ultimate purchaser, is to be
Page 348
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Title 13
Air Resources Board
§2765
•
made only if the owner of such engine or equipment voluntarily permits
such inspection to be made, except as may be provided by any state or
local inspection program.
NOTE: Authority cited: Sections 39600, 39601 and 43013, Health and Safety
Code. Reference: Section 43013, Health and Safety Code.
History
1 . New section filed 9-20-2004; operative 10-20-2004 (Register 2004, No. 39).
§ 2764. Evaporative Emission Control Warranty Statement.
(a) Any application for an evaporative emission control system certifi-
cation must include a copy of the following statement:
CALIFORNIA EVAPORATIVE EMISSION CONTROL
WARRANTY STATEMENT
YOUR WARRANTY RIGHTS AND OBLIGATIONS
The California Air Resources Board (and manufacturer's name, op-
tional) is pleased to explain the evaporative emission control system's
warranty on your (year(s)) (equipment type). In California, new equip-
ment that use small off-engines must be designed, built, and equipped
to meet the State's stringent anti-smog standards. (Manufacturer's
name) must warrant the evaporative emission control system on your
(equipment type) for the period listed below provided there has been
no abuse, neglect or improper maintenance of your equipment.
Your evaporative emission control system may include parts such as:
carburetors, fuel tanks, fuel lines, fuel caps, valves, canisters, filters,
vapor hoses, clamps, connectors, and other associated components.
For engines less than or equal to 80 cc, only the fuel tank is subject
to the evaporative emission control warranty requirements of this
section.
A combined exhaust and evaporative warranty statement is accept-
able. For combined warranty statements, "evaporative emission" can
be replaced with "emissions" where "emissions" is understood to
mean both exhaust and evaporative emissions.
MANUFACTURER'S WARRANTY COVERAGE:
This evaporative emission control system is warranted for two years.
If any evaporative emission-related part on your equipment is defec-
tive, the part will be repaired or replaced by (manufacturer's name).
OWNER'S WARRANTY RESPONSIBILITIES:
■ As the (equipment type) owner, you are responsible for perfor-
mance of the required maintenance listed in your owner's manual.
(Manufacturer's name) recommends that you retain all receipts
covering maintenance on your (equipment type), but (manufactur-
er's name) cannot deny warranty solely for the lack of receipts.
■ As the (equipment type) owner, you should however be aware that
the (manufacturer's name) may deny you warranty coverage if
your (equipment type) or a part has failed due to abuse, neglect, or
improper maintenance or unapproved modifications.
■ You are responsible for presenting your (equipment type) to a
(manufacturer's name) distribution center or service center as soon
as the problem exists. The warranty repairs should be completed in
a reasonable amount of time, not to exceed 30 days. If you have a
question regarding your warranty coverage, you should contact
(Insert chosen manufacturer's contact) at 1-XXX-XXX-XXXX.
NOTE: Authority cited: Sections 39600, 39601 and 43013, Health and Safety
Code. Reference: Section 43013, Health and Safety Code.
History
1. New section filed 9-20-2004; operative 10-20-2004 (Register 2004, No. 39).
§ 2765. New Equipment Compliance Testing.
(a) Compliance Test Procedures.
(1) The Executive Officer may order an engine or equipment manufac-
turer to make available for compliance testing and/or inspection five fuel
lines, carbon canisters, tanks, engines, or equipment units. Unless other-
wise directed by the Executive Officer, the fuel lines, carbon canisters,
tanks, engines, or equipment units shall be delivered to the Haagen-Smit
Laboratory, 9528 Telstar Avenue, EI Monte, California. Fuel lines, car-
bon canisters, tanks, engines or equipment units must be selected at ran-
dom from sources specified by the Executive Officer according to a
method approved by the Executive Officer, that, insofar as practical,
must exclude engines or equipment that would result in an unreasonable
disruption of the manufacturer's distribution system. Such an order may
include a requirement to demonstrate that the measured rate or volume
of purge from a representative sample of production canisters and en-
gines certified under section 2754 (b) meets any design specification re-
quired by the Executive Officer in the applicable Executive Order of Cer-
tification or included by the manufacturer in the application for such an
Order.
(2) The method for selection and testing of the fuel lines, carbon canis-
ters, tanks, engines or equipment and the evaluation of test data must be
made in accordance with the procedures set forth herein.
(3) Air Resources Board personnel shall have access to the fuel line,
carbon canister, tank, engine, or equipment assembly plants, or distribu-
tion facilities for the purposes of tank, engine, or equipment selection and
testing. Scheduling of access shall be arranged with the representative
designated in the application for certification.
(4) All testing must be conducted in accordance with the applicable
model year evaporative emission test procedures. Any evaporative emis-
sion control system parameters must be set to values or positions that are
within the range available to the ultimate purchaser as determined by
ARB. No break-in or modifications, adjustments, or special preparation
or maintenance will be allowed on engines or equipment units chosen for
compliance testing without the written consent of the Executive Officer.
(5) Correction of damage or maladjustment that may reasonably be
found to have resulted from shipment of the engine or equipment is per-
mitted only after an initial test of the engine or equipment, except where
100 percent of the manufacturer's production is given that inspection or
maintenance by the manufacturer's own personnel. The manufacturer
may request that the engine or equipment be repaired from shipping dam-
age, and be retested. If the Executive Officer concurs, the engine or
equipment may be retested, and the original test results may be replaced
by the after-repair test results.
(6) Engines or equipment must be randomly chosen from the selected
evaporative family or subgroup.
(7) Five fuel lines, carbon canisters, tanks, engines or equipment of the
same model within an evaporative family or subgroup will be selected for
testing per the applicable test procedure. An evaporative family or sub-
group will be deemed to have passed the compliance testing if all five test
results are below the applicable standard. If one or more of the test results
are above the applicable standard, an evaporative family or subgroup will
be deemed to have failed the compliance testing if the upper 95% confi-
dence limit of the five samples is greater than 150%, 130%, or 110% of
the applicable performance standards specified in sections 2754 through
2757 of this Article per the following table:
Test Category
1st Year of Production
of Evaporative Families
2nd Year of Production
of Evaporative Families
3rd and Subsequent
Years of Production
of Evaporative Families
"Pass" If'U" is less
than or equal, to
1.5* Applicable
Standard
1.3* Applicable
Standard
1.1* Applicable
Standard
"Fail" If'U" is
greater than
1.5* Applicable
Standard
1.3* Applicable
Standard
1.1* Applicable
Standard
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Register 2004, No. 39; 9-24-2004
§2766
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
Where:
U=x + 2.716*
^sample,
rn
I(*,-3c)2
n-\
n = 5
(8) If any group of fuel lines, carbon canisters, tanks, engines, or
equipment units selected for inspection fails an evaporative emission test
as determined by subsection (a)(7), or fails to conform to the labeling re-
quirements of section 2759, the Executive Officer shall notify the
manufacturer in accordance with subsection (b).
(b) Notification of Failure
If compliance testing identifies engines or equipment units that do not
meet the standards set out in (a)(7) above, or that do not conform with the
permeation control design or permeation specifications of section 2754,
the Executive Officer will notify the Holder of the Executive Order of
Certification covering the engines or equipment. The Executive Officer
shall also notify such Holder that the Executive Order of Certification
may be suspended or revoked. The Holder of the Executive Order of Cer-
tification shall have 30 calendar days in which to notify the Executive Of-
ficer of their intent to provide additional information and/or independent
test results for five tanks, engines, or equipment that document com-
pliance of the evaporative family. The Executive Officer will consider all
relevant information provided by the manufacturer, and other interested
parties, including, but not limited to corrective actions applied to the non-
compliant evaporative family and emission credits to remedy the failure.
(c) Suspension and Revocation of Executive Orders.
(1) The Executive Officer shall not revoke or suspend the Executive
Order of Certification, without considering any information provided by
the holder of such certification pursuant to (b) above.
(2) If the results of the compliance testing indicate that the failed tanks,
engines, or equipment units of a particular evaporative family or sub-
group are produced at one plant, the Executive Officer may elect to sus-
pend the Executive Order of Certification with respect to that evaporative
family for engines or equipment manufactured at that plant.
(3) Notwithstanding the foregoing, the Executive Officer may sus-
pend an Executive Order of Certification , in whole or in part, effective
upon written notice to the Holder if the Executive Officer finds that:
(A) The Holder of the Executive Order of Certification has refused to
comply with any of the requirements of this section; or
(B) The Holder has submitted false or incomplete information in any
report or information provided to the Executive Officer under this sec-
tion;
(C) The Holder has rendered inaccurate any test data submitted under
this section;
(D) That ARB personnel have been denied the opportunity to conduct
activities authorized under this section after a warrant or court order is
presented to the Holder;
(E) That ARB personnel were unable to conduct activities authorized
in this Article because the facility is located in a foreign jurisdiction
where local law prohibits those activities.
(4) The Executive Officer may revoke an Executive Order of Certifi-
cation for an evaporative family after the Executive Order of Certifica-
tion has been suspended pursuant to subsection (1) or (2) of this section
if the proposed remedy for the nonconformity, as reported by the Holder
to the Executive Officer, is one requiring a design change or changes to
the evaporative emission control system as described in the application
for certification of the affected evaporative family or subgroup.
(5) Once an Executive Order of Certification has been suspended for
a failed tank, engine, or equipment, as provided for in subsection (1) of
this section, the Holder must take the following actions before the Execu-
tive Order of Certification can be reinstated:
(A) Remedy the nonconformity;
(B) Demonstrate that the tank, engine, or equipment conforms to the
evaporative emission standards by retesting the tank, engine, or equip-
ment in accordance with these regulations; and
(C) Submit a written report to the Executive Officer, after successful
completion of testing on the failed tank, engine, or equipment that con-
tains a description of the remedy and test results for each tank, engine,
or equipment in addition to other information that may be required by this
part.
(6) Once an Executive Order of Certification for a failed evaporative
family or subgroup has been suspended pursuant to subsection ( 1 ), (2) or
(3) of this section, the Holder must take the following actions before the
Executive Officer will consider reinstating the Executive Order of Certi-
fication:
(A) Submit a written report to the Executive Officer that identifies the
reason for the noncompliance of the tanks, engines, or equipment, de-
scribes the proposed remedy, including a description of any proposed
quality control and/or quality assurance measures to be taken by the
Holder to prevent future occurrences of the problem, and states the date
on which the remedies will be implemented; and
(B) Demonstrate that the evaporative family or subgroup for which the
Executive Order of Certification has been suspended does in fact comply
with the regulations of this part by testing no fewer than five tanks, en-
gines, or equipment. The results must meet the "Pass" criteria in subsec-
tion (a)(7). Such testing must comply with the provisions of this section.
(7) Once the Executive Order of Certification has been revoked for an
evaporative family or subgroup, if the Holder desires to continue
introduction into commerce of a modified version of that evaporative
family or subgroup, the Holder must:
After implementing the change or changes intended to remedy the
nonconformity, demonstrate that the modified evaporative family does
in fact conform to the applicable standards of this Article by testing five
engines or equipment from the modified evaporative family unless such
testing is waived by the Executive Officer.
(8) To permit a Holder to avoid storing non-test engines or equipment
while conducting subsequent testing of the noncomplying evaporative
family, a Holder may request that the Executive Officer conditionally re-
instate the Executive Order of Certification for that evaporative family.
NOTE: Authority cited: Sections 39600, 39601 and 43013, Health and Safety
Code. Reference: Section 43013, Health and Safety Code.
History
1. New section filed 9-20-2004; operative 10-20-2004 (Register 2004, No. 39).
§ 2766. Exemptions.
(a) Low Permeation Tanks — Metal tanks, coextruded multilayer
tanks, and structurally integrated nylon fuel tanks on SORE equipment
with engine displacements < 80 cc are specifically exemptrom section
2755 of this Article. Tank permeation data is not required to be submitted
in the certification application.
(b) Small Production Volume Tank Exemption. These engines or
equipment qualifying under section 2752(a)(26) are exempt from the
diurnal standards in section 2754 and the fuel tank permeation standard
in 2754 of this Article if the equipment contains the following:
(1) An evaporative emission control system certified by an engine
manufacturer that uses an actively purged carbon canister, an equivalent
fuel line, and a sealed tethered fuel cap; or
(2) An evaporative emission control system that passively vents fuel
tank vapors to a carbon canister with a minimum butane working capac-
ity as specified in TP-902, an equivalent fuel line, and a sealed tethered
fuel cap.
Tank permeation data is not required to be submitted in the certifica-
tion application for Small Production Volume Tanks.
(c) Equipment Fueled by a Vehicle Fuel Tank — Generators that are
fueled from the fuel tank of an on-road motor vehicle or marine vessel
are exempt from the diurnal performance requirements in section 2754
•
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Title 13
Air Resources Board
§2768
•
and the fuel tank permeation and carbon canister design requirements in
section 2754(b). However, these generators must use fuel hose that meets
the design requirements specified in section 2754(b).
NOTE: Authority cited: Sections 39600, 39601 and 43013, Health and Safety
Code. Reference: Section 43013, Health and Safety Code.
History
1 . New section filed 9-20-2004; operative 10-20-2004 (Register 2004, No. 39).
§ 2767. Innovative Products.
(a) The Executive Officer may make a determination that tank vent
emission control achieved by an innovative technology may be approved
per section 2767. 1 if an evaluation of the innovative technology reveals
that the technology can meet the evaporative emission requirements in
section 2754.
(b) The Executive Officer may make a determination to exempt en-
gines and equipment from section 2756(b) of this Article if an evaluation
of the innovative technology reveals that the technology can meet the
diurnal evaporative emission standards in section 2754.
(c) The Executive Officer may make a determination that fuel tanks
that have undergone special treatment or that have been manufactured
from a unique material are "equivalent fuel tanks" if it can be demon-
strated that they meet the permeation standard in section 2755 of this Ar-
ticle when using TP-901, July 26, 2004. Tanks deemed equivalent aug-
ment "equivalent fuel tanks" already defined in section 2752 of this
Article.
(d) A manufacturer must apply in writing to the Executive Officer for
an innovative product equivalency claimed under subsection (a, b, or c).
The application must include the supporting documentation that quanti-
fies the emissions from at least 5 samples of the innovative product, in-
cluding the test methods used to generate the data. The test methods shall
include criteria for reproducibility, accuracy, and sampling and laborato-
ry procedures. In addition, the applicant must provide any information
to enable the Executive Officer to establish conditions for making a de-
termination of "equivalency". All information, including proprietary
data submitted by a manufacturer pursuant to this section, shall be han-
dled in accordance with the procedures specified in title 17, California
Code of Regulations, sections 91000-91022.
(e) Within 30 days of receipt of the application, the Executive Officer
shall determine whether an application is complete.
(f) Within 90 days after an application has been deemed complete, the
Executive Officer will determine whether, under what conditions, and to
what extent, a determination of "equivalency" will be permitted. The ap-
plicant and the Executive Officer may mutually agree to a longer time pe-
riod for reaching a decision. An applicant may submit additional support-
ing documentation before a decision has been reached. The Executive
Officer will notify the applicant of the decision in writing and specify
such terms and conditions that are necessary to ensure that emissions
from use of the product will meet the emissions reductions specified in
subsection (a, b, or c).
(g) In granting an "equivalency" determination for a fuel tank, the
Executive Officer shall specify the test method(s) for determining con-
formance to the conditions established.
(h) For any fuel tank for which an innovative product "equivalency"
has been granted pursuant to this section, the manufacturer shall notify
the Executive Officer in writing at least 30 days before the manufacturer
changes a product's design, connections, or other factors that may effect
the ROG emissions during recommended usage. The manufacturer must
also notify the Executive Officer within 30 days after the manufacturer
learns of any information that would alter the emissions estimates sub-
mitted to the Executive Officer in support of the "equivalency" applica-
tion.
(i) If the permeation standards are amended for a product category, all
innovative "equivalency" determinations granted for products in the
product category, except as provided in subsection (j), have no force and
effect as of the effective date of the amended permeation standards.
(j) If the Executive Officer believes that a fuel tank for which an
"equivalency" determination has been granted no longer meets the crite-
ria for an innovative product specified in subsections (a, b, or c), the
Executive Officer may hold a public hearing in accordance with the pro-
cedures specified in title 17, California Code of Regulations, article 1,
subchapter 1 .25, Chapter 1, Division 3, to determine if the "equivalency"
determination should be modified or revoked.
NOTE: Authority cited: Sections 39600, 39601 and 43013, Health and Safety
Code. Reference: Section 43013, Health and Safety Code.
History
1. New section filed 9-20-2004; operative 10-20-2004 (Register 2004, No. 39).
§ 2767.1 . Approved Evaporative Emission Control System
Components.
(a) The Executive Officer may make a determination to approve com-
ponents (fuel tanks, fuel hoses, and carbon canisters) for use on evapora-
tive emission control systems that have been shown to meet the Design
Requirements in Table 1 of section 2754 of this Article.
(b) A component manufacturer must apply in writing to the Executive
Officer for a component claimed under subsection (a). The application
shall include the supporting documentation that quantifies the emissions
or performance from at least five samples of the component, including
the test methods used to generate the data. If the test methods are not as
prescribed in this article the test methods shall include criteria for repro-
ducibility, accuracy, and sampling and laboratory procedures. All in-
formation, including proprietary data submitted by a manufacturer pur-
suant to this section, shall be handled in accordance with the procedures
specified in title 17, California Code of Regulations, sections
91000-91022.
(c) Within 30 days of receipt of the application, the Executive Officer
shall determine whether an application is complete.
(d) Within 90 days after an application has been deemed complete, the
Executive Officer will approve/disapprove the component. If approved,
an Executive Order will be issued for the component. The applicant and
the Executive Officer may mutually agree to a longer time for reaching
a decision. An applicant may submit additional supporting documenta-
tion before a decision has been reached. The Executive Officer will
notify the applicant of the decision in writing and specify such terms and
conditions that are necessary to ensure that the component will meet the
performance standards in subsection (a).
(e) If the Evaporative Emission Performance and Design Standards
(reference section 2754) are amended for a product category, all "ap-
provals" granted for components in the product category, except as pro-
vided in subsection (f), have no force and effect as of the effective date
of the amended standards unless the applicable component requirements
are not amended.
(f) If the Executive Officer determines that a component for which an
"approval" has been granted no longer meets the performance standards
specified in subsection (a), the Executive Officer may deny, suspend or
revoke the Executive Order following provisions of Section 2770 of this
Article.
NOTE: Authority cited: Sections 39600, 39601 and 43013, Health and Safety
Code. Reference: Section 43013, Health and Safety Code.
History
1. New section filed 9-20-2004; operative 10-20-2004 (Register 2004, No. 39).
§ 2768. Variances.
(a) Any manufacturer of small off-road engines or equipment that use
small off-road engines or fuel tanks subject to this Article that cannot
meet the requirements set forth in sections 2754 through 2757 of this Ar-
ticle, due to extraordinary reasons beyond the manufacturer's reasonable
control, may apply in writing for a variance. The variance application
must set forth:
(1) The provisions of the regulations for which a variance is sought;
(2) the specific grounds upon which the variance is sought;
(3) the proposed date(s) by which compliance will be achieved; and
(4) a compliance plan detailing the method(s) that will achieve com-
pliance.
(b) Within 75 calendar days of receipt of a variance application con-
taining the information required in subsection (a), the Executive Officer
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§2769
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
or his nominee shall hold a public hearing to determine whether, under
what conditions, and to what extent, a variance is necessary and should
be allowed. Notice of the time and place of the hearing must be sent to
the applicant by certified mail not less than 30 days before to the hearing.
Notice of the hearing must also be submitted for publication in the
California Regulatory Notice Register and sent to every person who re-
quests such a notice, not less than 30 days before the hearing. The notice
must state that the parties may, but not need to be, represented by counsel
at the hearing. At least 30 days before the hearing, the variance applica-
tion must be made available to the public for inspection. Interested mem-
bers of the public must be allowed a reasonable opportunity to testify at
the hearing and their testimony must be considered.
(c) No variance may be granted unless all of the following findings are
made:
( 1 ) that, due to reasons beyond the reasonable control of the applicant,
compliance would result in extraordinary economic hardship;
(2) that the public interest in mitigating the extraordinary hardship to
the applicant by issuing the variance outweighs the public interest in
avoiding any increased emissions of air contaminants that would result
from issuing the variance;
(3) that the compliance plan proposed by the applicant can reasonably
be implemented, and will achieve compliance as expeditiously as pos-
sible; and
(4) that the applicant has mitigated the noncompliance to the maxi-
mum extent feasible.
(d) Any variance order shall specify a final date by which compliance
will be achieved. Any variance order shall contain a condition that speci-
fies increments of progress necessary to assure timely compliance, and
such other conditions that the Executive Officer, in consideration of the
testimony received at the hearing, finds necessary to carry out the pur-
poses of Division 26 of the Health and Safety Code.
(e) A variance shall cease to be effective upon failure of the party to
whom the variance was granted to comply with any term or condition of
the variance.
(f) Upon the application of any person, the Executive Officer may re-
view, and for good cause, modify or revoke a variance from requirements
of sections 2753 through 2756 or section 2759 after holding a public
hearing in accordance with the provisions of subsection (b).
(g) A variance shall not be granted for more than one full model year
after the year such variance is granted.
NOTE: Authority cited: Sections 39600, 39601 and 43013, Health and Safety
Code. Reference: Section 43013, Health and Safety Code.
History
1 . New section filed 9-20-2004; operative 10-20-2004 (Register 2004, No. 39).
§ 2769. Inspection.
The Executive Officer, or an authorized representative of the Execu-
tive Officer, may periodically inspect any facility of a manufacturers of
equipment, manufacturers of engines, or manufacturers of evaporative
emission control components, technology, or systems subject to this Ar-
ticle as deemed necessary to ensure compliance with these regulations.
Failure of a manufacturer, distributor, or retailer or other person subject
to this Article to allow access for inspection purposes shall be grounds
for suspension or revocation of an Executive Order of Certification.
NOTE: Authority cited: Sections 39600, 39601 and 43013, Health and Safety
Code. Reference: Section 43013, Health and Safety Code.
History
1. New section filed 9-20-2004; operative 10-20-2004 (Register 2004, No. 39).
§ 2770. Denial, Suspension or Revocation of Certification.
(a) The Executive Officer for just cause may deny, suspend or revoke
an Executive Order of Certification in any of the following circum-
stances:
(1) An applicant or Holder has materially misrepresented the meaning,
findings, effect or any other material aspect of the certification applica-
tion, including submitting false or incomplete information in its applica-
tion for certification regardless of the applicant's personal knowledge of
the falsity or incompleteness of the information;
(2) An applicant or Holder that uses a label other than the approved la-
bel on any engine or equipment, or the label used otherwise fails to com-
ply with the requirements of this Article.
(3) An applicant or Holder may be denied certification or be subject
to a suspension or revocation action pursuant to this section based upon
the actions of an agent, employee, licensee, or other authorized represen-
tative.
(4) Pursuant to section 2754. J(b)(10) and (1 J) and 2769 above.
(b) The Executive Officer shall notify the applicant or Holder by certi-
fied mail of any action taken by the Executive Officer to deny, suspend
or revoke any certification granted under this Article. The notice shall set
forth the reasons for and evidence supporting the action(s) taken. A sus-
pension or revocation is effective upon receipt of the notification.
(c) A Holder may request that the suspension or revocation be stayed
pending a hearing under section 2771. In determining whether to grant
the stay, the Executive Officer shall consider the harm the Holder will
likely suffer if the stay is not granted. The Executive Officer shall deny
the stay if the adverse effects of the stay on the public health, safety, and
welfare outweigh the harm to the Holder if the stay is not granted.
(d) Once an Executive Order of Certification has been suspended pur-
suant to (a) above, the Holder must satisfy and correct all noted reasons
for the suspension and submit a written report to the Executive Officer
advising him or her of all such steps taken by the Holder before the
Executive Officer will consider reinstating the Executive Order of Certi-
fication.
(e) Nothing in this section shall prohibit the Executive Officer from
taking any other action provided for by law for violations of the Health
and Safety Code.
NOTE: Authority cited: Sections 39600, 39601 and 43013, Health and Safety
Code. Reference: Section 43013, Health and Safety Code.
History
1 . New section filed 9-20-2004; operative 10-20-2004 (Register 2004, No. 39).
§2771. Appeals.
Any person whose application for Executive Order of Certification
has been denied, or whose certification has been suspended or revoked
may request a hearing to review the action as provided herein. Any such
request shall be made within fifteen working days of the date the action
for which review is sought became final.
(a) Hearing Procedure.
Except as provided for in subsection (b) below, any appeal pursuant
to this section shall be conducted in accordance with the Administrative
Hearing Procedures for Petitions for Review of Executive Officer Deci-
sions, title 17, California Code of Regulations, Division 3. Chapter 1 Ar-
ticle 2, commencing with section 60055.1.
(b) Review by written submission.
(1 ) In lieu of the hearing procedure set forth in (a) above, a manufactur-
er may request that a review of the Executive Officer's decision be con-
ducted by a hearing officer solely by written submission.
(2) A manufacturer may request a review of the Executive Officer's
decision to deny, suspend or revoke a certification no later than 20 days
from the date of issuance of the notice of the denial, suspension, or re-
vocation. Such request shall include, at a minimum, the following:
(A) name of the manufacturer, the name, address and telephone num-
ber of the person representing the manufacturer and a statement signed
by a senior officer of the manufacturer warranting that the representative
has full authority to bind the manufacturer as to all matters regarding the
appeal;
(B) copy of the Executive Order granting certification and the written
notification of denial;
(C) a statement of facts and explanation of the issues to be raised set-
ting forth the basis for challenging the denial, suspension, or revocation
(conclusory allegations will not suffice) together with all documents
relevant to those issues; and
•
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Register 2004, No. 39; 9-24-2004
Title 13
Air Resources Board
§2775
(D) the signature of the representative named in (A) above.
(3) Upon receipt of a request for review, the request shall be referred
to the administrative hearing office of the state board for assignment of
a hearing officer.
(4) Within 15 days of appointment of a hearing officer ARB staff shall
submit a written response to the manufacturer's submission and docu-
ments in support of the Executive Officer's action no later than 10 days
after receipt of the manufacturer's submission;
(5) within 7 days of receipt of the ARB response, the manufacturer
may submit one rebuttal statement which shall be limited to the issues
raised in the ARB rebuttal;
(6) if the manufacturer submits a rebuttal. ARB staff may, within 7
days of receipt of the manufacturer's rebuttal, submit one rebuttal state-
ment which shall be limited to the issues raised in the manufacturer's re-
buttal; and
(7) the hearing officer shall receive all statements and documents and
render a written decision. The hearing officer's decision shall be mailed
to the manufacturer no later than 60 working days after the final deadline
for submission of papers.
NOTE: Authority cited: Sections 39600, 39601 and 43013, Health and Safety
Code. Reference: Section 43013, Health and Safety Code.
History
1. New section filed 9-20-2004; operative 10-20-2004 (Register 2004, No. 39).
§ 2772. Penalties.
In addition to suspension or revocation of an Executive Order of Certi-
fication as provided in this Article, the Executive Officer may seek civil
or criminal penalties as provided for by law and/or such equitable relief
deemed appropriate by the Executive Officer for any violation of these
regulations. Such penalties shall apply on a per engine or equipment unit
basis. Each day in which there is a violation shall be a separate violation.
NOTE: Authority cited: Sections 39600, 39601 and 43013, Health and Safety
Code. Reference: Section 43013, Health and Safety Code.
History
1. New section filed 9-20-2004; operative 10-20-2004 (Register 2004, No. 39).
§ 2773. Severability.
Each part of this article is severable, and in the event that any part of
this article is held to be invalid, the remainder of this article remains in
full force and effect.
NOTE: Authority cited: Sections 39600, 39601 and 43013, Health and Safety
Code. Reference: Section 43013, Health and Safety Code.
History
1 . New section filed 9-20-2004; operative 10-20-2004 (Register 2004, No. 39).
Article 2.
Large Spark-Ignition (LSI) Engine
Fleet Requirements
§ 2775. Applicability.
(a) General Applicability. This article applies to operators of off-road
large spark-ignition (LSI) engine forklifts, sweepers/scrubbers, indus-
trial tow tractors or airport ground support equipment operated within the
State of California in the conduct of business with:
(1) 25 horsepower or more (greater than 19 kilowatts for 2005 and later
model year engines), and
(2) greater than 1 .0 liter displacement.
(b) Exemptions.
(1) Small Fleets as defined in subsection (d).
(2) Rental or leased equipment operated in California no more than 30
aggregated calendar days per year shall be exempt from the requirements
of this article.
(3) Off-road military tactical vehicles or equipment exempt fronvreg-
ulation under the federal national security exemption, 40 CFR, subpart
J, section 90.908, are exempt from the requirements of this article. Ve-
hicles and equipment covered by the definition of military tactical ve-
hicle that are commercially available and for which a federal certificate
of conformity has been issued under 40 CFR Part 90, subpart B, shall also
be exempt from the requirements of this article.
(4) Each part of this article is severable, and in the event that any part
of this chapter or article is held to be invalid, the remainder of the article
shall remain in full force and effect.
(c) Definitions. The definitions in Section 1900(b), Chapter 1, and
Section 2431 (a), Chapter 9 of Title 13 of the California Code of Regula-
tions apply to this article. In addition, the following definitions apply to
this article:
"Aggregated Operations" means all of an operator's California facili-
ties for which equipment purchasing decisions are centrally made. Facili-
ties that budget and make equipment purchasing decisions independent
of a government or corporate headquarters are assumed to be indepen-
dent and therefore are not required to be aggregated for the purpose of
determining fleet size.
"Agricultural Crop Preparation Services" means packinghouses, cot-
ton gins, nut hullers and processors, dehydrators, feed and grain mills,
and other related activities that fall within the United States Census Bu-
reau NAICs (North American Industry Classification System) definition
for Industry 1 1 5 114 — "Postharvest Crop Activities," as published in the
North American Industry Classification System — United States, 2002.
"Airport Ground Support Equipment," "Ground Service Equipment,"
or "GSE" means any large spark-ignition engine or electric-powered
equipment contained in the 24 categories of equipment included in sec-
tion B.3. of Appendix 2 of the South Coast Ground Support Equipment
Memorandum of Understanding, dated November 27, 2002. Specifically
included in this definition are those categories of GSE equipment de-
signed for on-road use, but not licensed for on-road use ("On-Road
Equivalent" GSE).
"Baseline Inventory" means an inventory of equipment as defined in
this subdivision that reflects all equipment owned at the time of the in-
ventory.
"Certification Standard" means the level to which an LSI engine is cer-
tified, in grams per kilowatt-hour of hydrocarbon and oxides of nitrogen,
combined, as identified in an Executive Order (EO) issued by the Execu-
tive Officer of the California Air Resources Board.
"Dehydrators" means sun drying of fruits, vegetables, tomatoes, dates,
prunes, raisins and olives, or artificially drying and dehydrating fruits,
vegetables, tomatoes, dates, prunes, raisins, grapes, and olives.
"Emission Control System" means any device or system employed
with a new or in-use off-road LSI-engine vehicle or piece of equipment
that is intended to reduce emissions. Examples of LSI emission control
systems include, but are not limited to, closed-loop fuel control systems,
fuel injection systems, three-way catalysts, and combinations of the
above.
"Equipment" or "Pieces of Equipment" means one or more forklifts,
industrial tow tractors, sweeper/scrubbers, or pieces of airport ground
support equipment as defined in this section.
"Executive Officer" means the Executive Officer of the California Air
Resources Board, or his or her delegate.
"Executive Order" means a document signed by the Executive Officer
that specifies the standard to which a new LSI engine is certified or the
level to which an LSI retrofit emission control system is verified.
"Facility" means any structure, appurtenance, installation, and im-
provement on land that operates and/or garages one or more pieces of
equipment.
"Facility Sample" means the selection of one or more individual facili-
ties from an operator's California facilities for comparison to the opera-
tor's aggregate fleet inventory for fleet average calculation.
"Fleet Average Emission Level" means the arithmetic mean of the
combined hydrocarbon plus oxides of nitrogen emissions certification
standard or verification absolute emissions level for each piece of appli-
cable equipment comprising an operator's fleet. For the purposes of cal-
culating the fleet average, electric-powered equipment shall be consid-
ered to have combined hydrocarbon plus oxides of nitrogen emissions
level of zero (0). Electric-powered equipment of less than 19 kilowatts
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Register 2007, No. 15; 4-13-2007
§2775
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
shall be allowed to be included in the fleet average calculation provided
that the operator can demonstrate that the equipment performs the work
equivalent of an LSI engine-powered piece of equipment. For the pur-
poses of calculating the fleet average for a non-forklift fleet, each piece
of On-Road Equivalent GSE shall be considered to have a combined hy-
drocarbon plus oxides of nitrogen emissions level as follows: 1.1 g/bhp-
hr (1.5 g/kW-hr) for purposes of determining compliance with the
1/1/2009 standard; 0.8 g/bhp-hr (1 . 1 g/kW-hr) for purposes of determin-
ing compliance with the 1/1/201 1 standard; and 0.7 g/bhp-hr (0.9 g/kW-
hr) for purposes of determining compliance with the 1/1/2013 standard.
For the purpose of calculating the fleet average, fleet operators shall be
permitted to exclude at their discretion any electric-powered equipment
that could otherwise be used to lower the LSI fleet's average emission
level.
"Forklift" means an electric Class 1 or 2 rider truck or a large spark-
ignition engine-powered Class 4 or 5 rider truck as defined by the Indus-
trial Truck Association. Electric Class 3 trucks are not forklifts for the
purposes of this regulation.
"Industrial Tow Tractor" means an electric or large spark-ignition en-
gine-powered Class 6 truck as defined by the Industrial Truck Associa-
tion. Industrial tow tractors are designed primarily to push or pull non-
powered trucks, trailers, or other mobile loads on roadways or improved
surfaces. Industrial tow tractors are commonly referred to as tow motors
or tugs. Industrial tow tractors are distinct from airport ground support
equipment tugs for the purposes of this regulation.
"Label" means a permanent material that is welded, riveted or other-
wise permanently attached to the engine block or other major component
in such a way that it will be readily visible after installation of the engine
in the equipment. If the equipment obscures the label on the engine, the
equipment manufacturer must attach a supplemental label such that it is
readily visible. The label will state the emission standard or verification
absolute emissions level to which the engine or equipment was certified
or verified.
"Large Fleet" means an operator' s aggregated operations in California
of 26 or more pieces of equipment.
"Leased forklift" for use in agricultural crop preparation services
means a forklift under a contract or agreement for a term or period of one
year or more that may include an option to purchase the forklift.
"LSI Retrofit Emission Control System" means an emission control
system employed exclusively with an in-use off-road LSI-engine ve-
hicle or piece of equipment.
"Manufacturer" means the manufacturer granted new engine certifi-
cation or retrofit emission control system verification.
"Medium Fleet" means an operator's aggregated operations in
California of 4 to 25 pieces of equipment.
"Memorandum of Understanding Signatories" or "MOU Signatories"
means any of the airlines that entered into the South Coast Ground Sup-
port Equipment Memorandum of Understanding, dated November 27,
2002.
"Military tactical vehicles or equipment" means vehicles or pieces of
equipment that meet military specifications, are owned by the U.S. De-
partment of Defense and/or the U.S. military services or its allies, and are
used in combat, combat support, combat service support, tactical or relief
operations, or training for such operations.
["Model Year" means the manufacturer's annual production period,
which includes January 1 of a calendar year or, if the manufacturer has
no annual production period, the calendar year.]1
["New Engine" means an engine's ownership has not been transferred
to the ultimate consumer.]
"Non-forklift fleet" means an operator's aggregated operations in
California of four (4) or more sweeper/scrubbers, industrial tow tractors,
or pieces of airport ground support equipment, alone or in combination.
"Nut hullers and processors" means facilities where nuts are received,
hulled, aspirated, shelled, sized, stored, packaged and shipped. Facilities
that blanch, slice, dice, roast, salt, or smoke nuts or nut meats are not in-
cluded in the "nut hullers and processors" definition.
["Off-Road Large Spark-ignition Engines" or "LSI Engines" means
any engine that produces a gross horsepower of 25 horsepower or greater
(greater than 19 kilowatts for 2005 and later model years) or is designed
(e.g., through fueling, engine calibrations, valve timing, engine speed
modifications, etc.) to produce 25 horsepower or greater (greater than 1 9
kilowatts for 2005 and later model years). If an engine family has models
at or above 25 horsepower (greater than 19 kilowatts) and models below
25 horsepower (at or below 1 9 kilowatts), only the models at or above 25
horsepower (above 19 kilowatts) would be considered LSI engines. The
engine' s operating characteristics are significantly similar to the theoreti-
cal Otto combustion cycle with the engine's primary means of control-
ling power output being to limit the amount of air that is throttled into the
combustion chamber of the engine. LSI engines or alternate fuel-pow-
ered LSI internal combustion engines are designed for powering, but not
limited to powering, forklift trucks, sweepers, generators, and industrial
equipment and other miscellaneous applications. All engines and equip-
ment that fall within the scope of the preemption of Section 209(e)(1)(A)
of the Federal Clean Air Act, as amended, and as defined by regulation
of the Environmental Protection Agency, are specifically excluded from
this category. Specifically excluded from this category are: 1) engines
operated on or in any device used exclusively upon stationary rails or
tracks; 2) engines used to propel marine vessels; 3) internal combustion
engines attached to a foundation at a location for at least 12 months; 4)
off-road recreational vehicles and snowmobiles; and 5) stationary or
transportable gas turbines for power generation.]
"Operator" means a person with legal right of possession and use of
LSI engine equipment other than a person whose usual and customary
business is the rental or leasing of LSI engine equipment. Operator in-
cludes a person whose usual and customary business is the rental or leas-
ing of LSI engine equipment for any LSI engine equipment not solely
possessed or used for rental or leasing.
"Rental forklift" for use in agricultural crop preparation services
means a forklift under a contract or agreement for a term or period of less
than one year that may include an option to renew the contract or agree-
ment.
"Repower" means a new or remanufactured engine and parts offered
by the OEM or by a non-OEM rebuilder that has been demonstrated to
the ARB to be functionally equivalent from a durability standpoint to the
OEM engine and components being replaced.
"Retrofit" means the application of an emission control system to a
non-new LSI engine.
"Serial Number" means an engine serial number and date of engine
manufacture (month and year) that are stamped on the engine block or
stamped on a metal label riveted or permanently attached to the engine
block. Engine manufacturers must keep records such that the engine seri-
al number can easily be used to determine if an engine was certified for
the applicable model year, and beginning January 1, 2007, the standard
to which the engine was certified.
"Small Fleet" means an operator's aggregated operations in California
of 1 to 3 forklifts and/or 1 to 3 pieces of non-forklift equipment.
"Sweeper/scrubber" means an electric or large spark-ignition engine-
powered piece of industrial floor cleaning equipment designed to brush
and vacuum up small debris and litter or scrub and squeegee the floor, or
both.
"Specialty Equipment" means a piece of equipment with unique or
specialized performance capabilities that allow it to perform prescribed
tasks and as approved by the Executive Officer.
["Ultimate Purchaser" means the first person who in good faith pur-
chases a new LSI engine or equipment using such engine for purposes
other than resale.]
"Uncontrolled LSI Engine" means pre- 2001 uncertified engines and
2001-2003 certified uncontrolled LSI engines. The default emission rate
for an uncontrolled LSI engine is 16.0 grams per kilowatt-hour of hydro-
carbon plus oxides of nitrogen.
"Verification" means a determination by the Executive Officer that
the LSI emission control system meets the requirements of this Proce-
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Register 2007, No. 15; 4-13-2007
Title 13
Air Resources Board
§ 2775.1
dure. This determination is based on both data submitted or otherwise
known to the Executive Officer and engineering judgement.
"Verification Level" means one of four emission reduction classifica-
tions that apply to the performance capability of retrofit emission control
systems as described in Title 13, California Code of Regulations, Section
2782(0, Table 1 , as set forth in Table 1:
Table 1. LSI Engine Retrofit System Verification Levels
Classification
Percentage Reduction
(HC+NOx)
Absolute Emissions
(HC+NOx)
LSI Level lO
> 25%<2)
Not Applicable
LSJ Level 2<'>
> 75%<3>
3.0 g/bhp-hr(3)
(4.0 g/kW-hr)
LSI Level 3a*1)
> 85%<4>
0.5, 1 .0. 1 .5, 2.0. 2.5
g/bhp-hr (0.7, 1.3.2.0,
2.7, 3.4 g/kW-hr)
LSI Level 3b<5>
Not Applicable
0.5.1.0,1.5.2.0
g/bhp-hr (0.7, 1 .3, 2.0,
2.7 e/kW-hr)
Notes:
(1) Applicable to uncontrolled engines only
(2) The allowed verified emissions reduction is capped at 25% regardless of actual
emission test values
(3) The allowed verified reduction for LSI Level 2 is capped at 75% or 3.0 g/bhp-hr
(4.0 g/kW-hr) regardless of actual emission test values
W Verified in 5% increments, applicable to LSI Level 3a classifications only
^ Applicable to emission-controlled engines only
1 Bracketed definitions are replicated for ease of use and presentation clarity from
Section 1900(b), Chapter 1, or Section 2431(a), Chapter 9, of Title 13 of the
California Code of Regulations.
NOTE: Authority cited: Sections 39600, 39601, 43013 and 43018, Health and
Safety Code. Reference: Sections 43013, 43017 and 43018, Health and Safety
Code.
History
1. New article 2 (sections 2775-2775.2) and section filed 4-12-2007; operative
5-12-2007 (Register 2007, No. 15).
§2775.1. Standards.
(a) Operators of forklift and/or non-forklift fleets shall first determine
the size of their fleets, using the equipment definitions in Section 2775.
Then, except as provided in subdivisions (c), (d), (e), and (f), operators
of medium and large forklift fleets and operators of non-forklift fleets
with more than three pieces of equipment shall comply with the fleet av-
erage emission level standards in Table 2 by the specified compliance
dates.
Table 2: Fleet Average Emission Level Standards
in grams per kilowatt-hour (brake-horsepower-hour)
of hydrocarbons plus oxides of nitrogen
Fleet Type
1/1/2009
Initial
Compliance
1/1/2011
Date
1/1/2013
Large Forklift Fleet
3.2 (2.4)
2.3(1.7)
1.5(1.1)
Medium Forklift Fleet
3.5 (2.6)
2.7 (2.0)
1.9(1.4)
Non-forklift Fleet
4.0 (3.0)
3.6 (2.7)
3.4(2.5)
(1) Fleet operators subject to the fleet average provisions shall include
in their fleet average calculations any piece of equipment that the opera-
tor has rented or leased or reasonably expects to rent or lease for a period
of one year or more.
(2) Fleet operators may exclude from the fleet average calculation un-
controlled 2003 and 2004 model year rental equipment (if the equipment
is rented for a period of less than one year) until January 1 ,2010.
(3) In addition to the provisions of (a)(2) above, fleet operators may
exclude from the fleet average calculation rental or leased equipment if:
(A) the rental or lease is for a period of less than one year, and
(B) the rental or lease component comprises no more than 20 percent
of the operator's equipment at any time, and
(C) the equipment rented or leased during the period from January 1 ,
2009 through December 31, 2010 is controlled to a 4.0 g/kW-hr (3.0
g/bhp-hr) standard or better and equipment rented or leased on or after
January 1, 2011 is controlled to a 2.7 g/kW-hr (2.0 g/bhp-hr) standard
or better.
(4) Fleet operators shall comply with the applicable fleet average stan-
dard in Table 2 with the following exceptions:
(A) if through business expansion, a fleet meets the definition of a larg-
er size category, the fleet may continue to comply with the applicable
fleet standard for the initial size category until the subsequent com-
pliance date, at which time the fleet must meet the applicable fleet stan-
dard for the new fleet size category, or
(B) if through retirement or other fleet size reduction mechanism the
fleet would otherwise be required to comply with a less stringent fleet
standard, then the less stringent fleet standard becomes effective im-
mediately.
(b) Operators of mixed fleets comprised of forklifts and non-forklift
equipment shall determine fleet size individually for forklift fleets and
non-forklift fleets; a mixed fleet with three or fewer forklifts and three
or fewer non-forklift pieces of equipment shall be considered to be a
small fleet.
(c) Except as provided in subdivisions (d), (e), and (f), each operator
of a forklift fleet used in agricultural crop preparation services shall ad-
dress emissions from their uncontrolled forklifts engines as follows:
(1) by January I, 2009, identify that portion of the owned 1990 and
newer LSI forklift fleet for which retrofit emission control systems have
been verified and control 20 percent of that portion as prescribed in sub-
division (d)(l)(D)(i) below; and
(2) by January 1, 2012, control 100 percent of the owned 1990 and
newer LSI forklift fleet for which retrofit emission control systems have
been verified as prescribed in subdivision (d)(l)(D)(i) below.
(3) Operators of fleets used in agricultural crop preparation services
may exclude from their LSI forklift fleet:
(A) leased forklifts provided the forklifts meet a 4.0 g/kW-hr (3.0
g/bhp-hr) standard or better. Forklifts under a lease agreement that was
initiated prior to May 25, 2006 may also be excluded from the 4.0 g/kW-
hr standard for the life of the lease, or until January 1, 2010, whichever
is earlier, and
(B) rental forklifts rented on or after January 1, 2009, provided the
forklifts meet a 4.0 g/kW-hr standard or better. Forklifts with an uncon-
trolled 2003 or 2004 model year engine may be excluded from the re-
quirements of this subpart until January 1, 2010.
(d) Limited Hours of Use Provisions.
(1) Forklift and non-forklift equipment in medium and large fleets
shall be exempted from the provisions of subdivision (a) of this section
provided that:
(A) the equipment is used, on average over any three year period, less
than 25 1 hours per year, and
(B) the equipment is equipped with an operational hours of use meter,
and
(C) the operator maintains hours of use records for the piece of equip-
ment at a facility, and
(D) the operator addresses the emissions by January 1, 201 1, through
option (i) or (ii) below:
(i) retrofit or repower the equipment to a Level 2 or Level 3 verification
level as described in Title 13, California Code of Regulations, Section
2782 (f), or
(ii) retire the equipment or replace the equipment with a new or used
piece of equipment certified to a 4.0 g/kW-hr (3.0 g/bhp-hr) hydrocar-
bon plus oxides of nitrogen standard.
(2) Forklifts used in agricultural crop preparation services fleets shall
be exempted from the provisions of subdivision (c) of this section pro-
vided that they meet the requirements of subdivisions (d)(1)(A) through
(d)(1)(C).
Page 355
Register 2007, No. 15; 4-13-2007
§ 2775.2
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
(e) Specialty Equipment Exemption.
(1) Forklift and non-forklift specialty equipment shall be exempt from
the requirements of subdivisions (a) through (c) of this section provided
that:
(A) the replacement cost exceeds the replacement cost of a ''typical"
piece of equipment from that category by 50 percent or the retrofit cost
exceeds the "typical" retrofit cost of a piece of equipment from that cate-
gory by 100 percent, and
(B) they meet the requirements of subdivisions (d)(1)(A) through
(d)(1)(C). and
(C) the Executive Officer approves the listing of the piece of equip-
ment as specialty equipment.
(0 Alternate Compliance Option for Operators of Elects used in Agri-
cultural Crop Preparation Services.
(1) Operators of forklift fleets used in agricultural crop preparation
services shall be exempted from the provisions of subdivision (c) of this
section provided that the forklift fleet complies with a 4.0 g/kW-hr (3.0
g/bhp-hr) fleet average emission level.
(g) Use of Experimental Emission Control Strategies.
(1) An operator may use an experimental emission control strategy
provided by or operated by the manufacturer in no more than ten percent
of his total fleet for testing and evaluation purposes. The operator shall
keep documentation of this use in records as specified in Section
2775.2(b).
(h) Severability. If any provision of this section or the application
thereof to any person or circumstance is held invalid, such invalidity shall
not affect other provisions or applications of the section that can be given
effect without the invalid provision or application, and to this end the pro-
visions of this section are severable.
NOTE: Authority cited: Sections 39600. 39601, 43013 and 43018, Health and
Safety Code. Reference: Sections 43013, 43017 and 43018, Health and Safety
Code.
History
1. New section filed 4-12-2007; operative 5-12-2007 (Register 2007, No. 15).
§ 2775.2. Compliance Requirements for Fleet Operators.
(a) Fleet operators subject to the fleet average emission level require-
ments contained in Table 2 of section 2775.1(a) shall conduct a baseline
inventory of their fleet within six months of May 1 2, 2007 and shall main-
tain records at their facilities of their baseline inventory and subsequent
inventories indicating accessions and retirements until June 30, 2016.
(b) At a minimum, fleet operators subject to the fleet average emission
level requirements contained in Table 2 of section 2775.1(a) shall record
and maintain on file at their facilities, information on the equipment type,
make, model, serial number, and emission certification standard or retro-
fit verification level. Fleet operators shall also maintain on file, for a peri-
od of three years, information on the quality of propane fuel they pur-
chased for their fleet that includes a written statement, product delivery
ticket, or receipt from the fuel supplier, if obtainable, that the fuel sup-
plied to the operator meets all applicable state and federal laws for use
in their engines. Operators that maintain multiple facilities may aggre-
gate the records at a centralized facility or headquarters. Records for all
equipment at all facilities shall be made available to the Air Resources
Board within 30 calendar days upon request. Compliance staff may then
select a facility sample for inspection purposes.
(c) Medium and large fleets shall be required to demonstrate at any
time between January 1, 2009 and December 31, 2015, based on actual
inventory, and reconciled against inventory records, that they meet the
applicable fleet average emission level standard in Section 2775.1(a).
(d) Agricultural crop preparation services fleets shall be required to
demonstrate at any time on or after January 1 , 2009, based on actual in-
ventory and reconciled against inventory records, that they have ad-
dressed their 1990 and newer uncontrolled LSI engines as prescribed in
Section 2775.1(c).
(e) Compliance Extensions. An operator may be granted an extension
to a compliance deadline specified in Section 2775. 1 for one of the fol-
lowing reasons:
(1) Compliance Extension based on No Verified Retrofit Emission
Control System.
(A) If the Executive Officer has not verified a retrofit emission control
system, or if one is not commercially available for a particular engine and
equipment combination, the Executive Officer may grant a one-year ex-
tension in compliance if prior to each compliance deadline specified in
subsections (a), (c), and (d), the Executive Officer finds that insufficient
numbers of retrofit emission control systems are projected to be avail-
able.
(2) Compliance Extensions for GSE.
(A) Compliance Extension based on no Verified or Commercially
Available Retrofit Emission Control Systems for GSE. GSE of model
year 1990 or newer with an uncontrolled LSI engine for which there is
no verified retrofit as of January 1 , 2007, or for which such verified retro-
fits are not commercially available by that date, shall be excluded from
the GSE fleet average emission level standards contained in section
2775.1(a) until January 1, 2011. GSE of model year 1990 or newer with
an uncontrolled LSI engine for which there is still no verified retrofit as
of January I, 2009, or for which such verified retrofits are not commer-
cially available by that date, shall be excluded from the GSE fleet average
emission level standards contained in section 2775.1(a) until January 1,
2013.
(B) Other Compliance Extensions for GSE. Operators may apply to
the Executive Officer for an initial compliance extension of up to two
years and one or more compliance extension renewals of up to one year
in circumstances other than those addressed in subsection 2(A) above.
The Executive Officer shall grant such applications if the applicant has
made a good faith effort to comply with the fleet average emission level
standards contained in section 2775.1(a) in advance of the compliance
dates contained in the same section and documents either that it meets
one of the following criteria independently, or that, when considering
any combination of the criteria, the documentation justifies granting the
application:
(i) due to conditions beyond the reasonable control of the applicant,
sufficient numbers of tested and reliable emission-controlled GSE are
not projected to be available at a commercially reasonable cost;
(ii) due to conditions beyond the reasonable control of the applicant,
use of available emission-controlled GSE would result in significant op-
erational or safety issues;
(iii) any other criterion that reasonably relates to whether the applica-
tion should be granted.
(C) Compliance extensions granted under subsections (e)(2)(A) and
(e)(2)(B) shall not extend beyond January 1 , 201 3. After January 1 , 201 3,
all uncontrolled GSE shall be included in calculations for determining
compliance with the GSE fleet average emission level standards con-
tained in section 2775.1(a).
(3) If an extension to the compliance deadline is granted by the Execu-
tive Officer, the operator shall be deemed to be in compliance as specified
by the Executive Officer's authorization.
(f) Continuous Compliance. An operator is required to keep his equip-
ment in compliance with this regulation, once it is in compliance, so long
as the operator is operating the equipment in California.
(g) Severability. If any provision of this section or the application
thereofto any person orcircumstance is held invalid, such invalidity shall
not affect other provisions or applications of the section that can be given
effect without the invalid provision or application, and to this end the pro-
visions of this section are severable.
NOTE: Authority cited: Sections 39600, 39601, 43013 and 43018, Health and
Safety Code. Reference: Sections 43013, 43017 and 43018, Health and Safety
Code.
Page 356
Register 2007, No. 15; 4-13-2007
Title 13
Air Resources Board
§2781
History
1. New section filed 4-12-2007; operative 5-12-2007 (Register 2007, No. 15).
Article 3. Verification Procedure, Warranty,
and In-Use Compliance Requirements for
Retrofits to Control Emissions from
Off-Road Large Spark-Ignition Engines
§ 2780. Applicability and Purpose.
These procedures apply to LSI retrofit emission control systems,
which, through the use of sound principles of science and engineering,
control emissions of hydrocarbons (HC) and oxides of nitrogen (NOx)
from off-road large spark-ignition (LSI) engines. These systems may in-
clude but are not limited to, closed-loop fuel control systems, fuel injec-
tion systems, and three-way catalysts. These procedures are not applica-
ble to retrofit strategies that employ or make use of fuel additives.
The use of LSI retrofit emission control systems verified in accordance
with this article may be a means of complying with other state board regu-
lations applicable to the use of LSI engines, to the extent provided for in
those regulations.
NOTE: Authority cited: Sections 39002, 39003, 39500, 39600, 39601,
39650-39675, 40000, 43000, 43000.5, 43011, 43013, 43018, 43105, 43600 and
43700, Health and Safety Code. Reference: Sections 39650-39675, 43000,
43009.5, 4301 3, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5,
Health and Safety Code; and Title 17 California Code of Regulations Section
93000.
History
1. New article 3 (sections 2780-2789) and section filed 4-12-2007; operative
5-12-2007 (Register 2007, No. 15).
§2781. Definitions.
(a) The definitions in Section 1900(b), Chapter 1, Title 13 of the
California Code of Regulations are incorporated by reference herein. The
following definitions shall govern the provisions of this chapter:
(1) "Applicant" means the entity that has applied for or has been
granted verification under this Procedure
(2) "Average" means the arithmetic mean.
(3) "Baseline" means: (i) for uncontrolled engines, the emission levels
from the engine as tested without the LSI retrofit emission control system
implemented using the test cycle specified in this verification procedure;
and (ii) for certified engines, the emission standards to which the engine
was certified.
(4) "Certified engine" means an engine manufactured in compliance
with ARB or EPA emission standards.
(5) "Durability" means the ability of the applicant's LSI retrofit emis-
sion control system to maintain a level of emissions at or below its verifi-
cation emission level and maintain its physical integrity over the durabil-
ity periods specified in these regulations. The minimum durability
demonstration periods contained herein are not necessarily meant to rep-
resent the entire useful life of the LSI retrofit emission control system in
actual service.
(6) "Emergency Engine Repair" means repair conducted outside of
normal scheduled maintenance that is required for the safe operation of
the equipment.
(7) "Emission Control Group" means a set of LSI engines and applica-
tions determined by parameters that affect the performance of a particu-
lar LSI retrofit emission control system. The exact parameters depend on
the nature of the LSI retrofit emission control system and may include,
but are not limited to, baseline or certification levels of engine emissions,
combustion cycle, displacement, aspiration, horsepower rating, duty
cycle, exhaust temperature profile, and fuel composition. An applicant
could specify an emission control group to be comprised of engines from
several different engine families, applications and equipment manufac-
turers. Verification of an LSI retrofit emission control system and the ex-
tension of existing verifications is done on the basis of emission control
groups.
(8) "Executive Officer" means the Executive Officer of the Air Re-
sources Board or the Executive Officer's designee.
(9) "Executive Order" means the document signed by the Executive
Officer that specifies the verification level or percentage reduction of an
LSI retrofit emission control system for an emission control group and
includes any enforceable conditions and requirements necessary to sup-
port the designated verification.
(10) "Hot Start" means the start of an engine within four hours after
the engine is last turned off.
(11) "LSI retrofit emission control system" means any device or sys-
tem employed with an in-use off-road LSI-engine vehicle or piece of
equipment that is intended to reduce emissions. Examples of LSI retrofit
emission control systems include, but are not limited to, closed-loop fuel
control system, fuel injection system, three-way catalysts, and combina-
tions of the above.
(12) "LSI Retrofit Emission Control Group Name." See Section
2786(c)(2).
(13) "Off-Road Large Spark-Ignition Engine" or "LSI Engine"
means any spark ignition engine that produces a gross power of greater
than 19 kilowatts (25 horsepower) or is designed (e.g., through fueling,
engine calibrations, valve timing, engine speed modifications, etc.) to
produce greater than 19 kW (>25 hp), and is used in an off-road vehicle
or equipment that is not excluded below. If an engine family has models
at or below 19 kW (25 hp) and models above 19 kW (25 hp), only the
models above 19 kW (25 hp) would be considered LSI engines. A spark
ignition engine's operating characteristics are significantly similar to the
theoretical Otto combustion cycle with the engine's primary means of
controlling power output being to limit the amount of air and fuel that is
throttled into the combustion chamber of the engine. LSI engines are de-
signed for powering equipment applications including, but not limited to,
forklift trucks, sweepers, generators, and industrial equipment and other
miscellaneous applications. Specifically excluded from this category
are: i) engines operated on or in any device used exclusively upon station-
ary rails or tracks; ii) engines used to propel marine vessels; iii) internal
combustion engines attached to a foundation at a location for at least 12
months; iv) off-road recreational vehicles and snowmobiles; and v) sta-
tionary or transportable gas turbines for power generation.
(14) "Off-Road Vehicle" or "Off-Road Equipment" means any non-
stationary device, powered by an internal combustion engine or motor,
used primarily off the highways to propel, move, or draw persons or
property including any device propelled, moved, or drawn exclusively
by human power. Examples include, but are not limited to, marine ves-
sels, construction/farm equipment, industrial equipment, locomotives,
small off-road engines, off-road motorcycles, and off-highway recre-
ational vehicles.
(15) "Otto Cycle Engine" means a type of engine with operating char-
acteristics significantly similar to the theoretical Otto combustion cycle.
The primary means of controlling power output in an Otto cycle engine
is by limiting the amount of air and fuel that can enter the combustion
chambers of the engine. As an example, gasoline-fueled and LPG en-
gines are Otto cycle engines.
(16) "Revoke" means to cancel the verification status of an LSI retrofit
emission control system. If an LSI retrofit emission control system's ver-
ification status is revoked by the Executive Officer, the applicant must
immediately cease and desist selling the LSI retrofit emission control
system to end-users.
(17) "Verification" means that after the data submitted has been thor-
oughly evaluated and an engineering judgment has determined that an
LSI Retrofit Emission Control System for installation on in-use equip-
ment will meet the requirements of this procedure, an Executive Order
is issued. This ensures the emissions reductions achieved by the control
strategy are real and durable and production units in the field achieve re-
ductions consistent with the verification procedure.
NOTE: Authority cited: Sections 39002, 39003, 39500, 39600, 39601,
39650-39675, 40000, 43000, 43000.5, 43011, 43013, 43018, 43105, 43600 and
43700, Health and Safety Code. Reference: Sections 43000, 43009.5, 43013,
Page 357
Register 2007, No. 15; 4-13-2007
§2782
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
43018, 43101, 43104, 43105, 43106, 43107, 43204, 43205 and 43205.5, Health
and Safety Code.
History
1. New section filed 4-12-2007; operative 5-12-2007 (Register 2007, No. 15).
§ 2782. Application Process.
(a) Ovennew. Before submitting a formal application for the verifica-
tion of an LSI retrofit emission control system for use with an emission
control group, the applicant must submit a letter of intent with a proposed
verification plan to ARB (pursuant to Section 2782(b)). To obtain verifi-
cation, the applicant must conduct emissions reduction testing (pursuant
to Section 2783), a durability demonstration with testing (pursuant to
Section 2784), and a field demonstration (pursuant to Section 2785), and
must submit the results along with comments and other information (pur-
suant to Sections 2786 and 2787) in an application to the Executive Offi-
cer, in the format shown in Section 2782(d). If the Executive Officer
grants a verification of an LSI retrofit emission control system, he or she
will issue an Executive Order to the applicant identifying the verified
emission reduction and any conditions that must be met for the LSI retro-
fit emission control system to function properly. After the Executive Of-
ficer grants verification of an LSI retrofit emission control system, the ap-
plicant must provide a warranty, conduct in-use compliance testing of
the system after having sold or leased a specified number of units, and
report the results to the Executive Officer (pursuant to Section 2789). An
LSI retrofit emission control system that employs two or more individual
sub-systems or components must be tested and submitted for evaluation
as one system.
(b) Proposed Verification Plan. Before formally submitting an ap-
plication for the verification of an LSI retrofit emission control system,
the applicant must submit a proposed verification plan to ARB. The pro-
posed verification plan should outline the applicant's plans for meeting
the testing and other requirements. The Executive Officer shall use the
information in the proposed plan to help determine the need for addition-
al analyses and the appropriateness of allowing alternatives to the pre-
scribed requirements and in determining whether the control strategy re-
lies on sound principles of science and engineering. The proposed plan
should include the following information:
(1) Identification of the contact persons, phone numbers, names and
addresses of the responsible party proposing to submit an application.
(2) Description of the LSI retrofit emission control system and prin-
ciples of operation. A schematic depicting operation should be included
as appropriate. It is the responsibility of the applicant to demonstrate that
the product relies on sound principles of science and engineering to
achieve emission reductions. The description of the LSI retrofit emission
control system must include, at a minimum, the information described in
section 2782(d), items 2 and 3.
(A) If, after reviewing the description of the LSI retrofit emission con-
trol system, the Executive Officer determines that the applicant has not
made a satisfactory demonstration that its product relies on sound prin-
ciples of science and engineering to achieve emissions reductions, the
Executive Officer shall notify the applicant of the determination in writ-
ing. The applicant may choose to withdraw from the verification process
or submit additional materials and clarifications. The additional submit-
tal must be received by the Executive Officer no later than 60 days from
the date of the notification letter or the Executive Officer may suspend
reviewing the proposed verification plan.
(B) If, after reviewing the additional submittal, the Executive Officer
determines that the applicant has not yet made a satisfactory demonstra-
tion that its product relies on sound principles of science and engineering
to achieve emission reductions, the review shall be suspended. If the
Executive Officer has suspended reviewing the proposed verification
plan, it may only be reactivated at the discretion of the Executive Officer.
(C) If at any time, the Executive Officer has reason to doubt the scien-
tific or engineering soundness of a product, the Executive Officer may
require the applicant to submit additional supporting materials and clari-
fications no later than 60 days from the date of the notification letter. If
the additional submittal is not received by the Executive Officer by the
deadline established in the notification letter, the review of the proposed
verification plan may be suspended. In deciding whether to suspend re-
viewing the proposed verification plan the Executive Officer will review
submittals as provided in subsection (B) above.
(3) Preliminary parameters for defining emission control groups that
are appropriate for the LSI retrofit emission control system. The Execu-
tive Officer will work with the applicant to determine appropriate emis-
sion control group parameters.
(4) The applicant's plan for meeting the requirements of Sections
2783-2786. Existing test data may be submitted for the Executive Offi-
cer's consideration. The proposed verification plan must focus on verifi-
cation of the LSI retrofit emission control system for use with a single
emission control group.
(5) A brief statement that the applicant agrees to provide a warranty
pursuant to the requirements of Section 2787.
(c) Executive Officer Review. After an applicant submits a proposed
verification plan, the Executive Officer shall determine whether the ap-
plicant has identified an appropriate testing procedure to support an ap-
plication for verification and notify the applicant in writing that it may
submit an application for verification. The Executive Officer may sug-
gest modifications to the proposed verification plan to facilitate verifica-
tion of the LSI retrofit emission control system. All applications, corre-
spondence, and reports must be submitted to:
AIR RESOURCES BOARD
9528 TELSTAR AVENUE
EL MONTE, CA 91731
(d) Application Format. The application for verification of an LSI ret-
rofit emission control system must follow the format shown below. If a
section asks for information that is not applicable to the LSI retrofit emis-
sion control system, the applicant must indicate "not applicable." If the
Executive Officer concurs with the applicant's judgment that a section
is not applicable, the Executive Officer may waive the requirement to
provide the information requested in that section.
1 . Identification
1.1 Identification of applicant, manufacturer, and product
1.2 Identification of contact names for engineering or technical in-
formation of product or system
1.3 Identification and description of the emission control group (see
2781(a)(7) and 2783(a))
1.4 Identification of level of verification being sought
1.4.1 Emissions reduction claim
2. LSI Retrofit Emission Control System Information
2.1 General description of the LSI retrofit emission control system
2.1.1 Discussion of principles of operation and system design
2.1.2 Schematics depicting operation (as appropriate)
2.2 Favorable operating conditions
2.3 Unfavorable operating conditions (e.g., inappropriate duty cycle
or application, geographical limitations, etc.) and associated reductions
in performance
2.4 Fuel and lubrication oil requirements (e.g., fuel specifications) and
misfueling considerations (see 2783(d)(2), 2784(c2), 2786(a) and (e).
2.5 Identification of failure modes and associated consequences
2.6 Discussion of potential safety issues (e.g., lack of proper mainte-
nance, unfavorable operating conditions, etc.)
2.7 Installation requirements
2.8 Maintenance requirements
3. LSI Retrofit Emission Control System and Emission Control Group
Compatibility
3.1 Compatibility with the engine
3.1.1 Discussion on calibrations and design features that may vary
from engine to engine
3.1.2 Effect on overall engine performance
3.1.3 Effect on fuel consumption
3.1.4 Engine oil consumption considerations
3.2 Compatibility with the equipment/application
Page 358
Register 2007, No. 15; 4-13-2007
Title 13
Air Resources Board
§2783
•
3.2.1 Dependence of calibration and other design features on applica-
tion characteristics
3.2.2 Comparison of field data with operating conditions of equipment
applications suitable for the LSI retrofit emission control group.
4. Testing Information
4.1 Emission testing requirements
4.1.1 Test facility identification
4.1.2 Description of engine and equipment (make, model year, engine
family name, etc.)
4.1.3 Test procedure description (-pre-conditioning period, test
cycle, etc.)
4.1 A Test fuel and lubrication oil (see 2783(d)
4.1.5 Test results and comments electronically submitted in comma-
delimited columns in spreadsheet or text files
4.2 Durability Demonstration requirements
4.2. 1 Test facility identification
4.2.2 Description of field application (where applicable)
4.2.3 Description of engine and equipment (make, model year, engine
family name, etc.)
4.2.4 Test procedure description (field or bench, test cycle, etc.)
4.2.5 Test fuel and lubrication oil (see 2784(c))
4.2.6 Test results and comments electronically submitted in comma-
delimited columns in spreadsheet or text files
4.2.7 Summary of evaluative comments from third-party for in-field
durability demonstration (e.g., driver or fleet operator)
4.3 Field Demonstration requirements (where applicable)
4.3.1 Field application identification
4.3.2 Description of engine and equipment (make, modelyear, engine
family name, etc.)
4.3.3 Summary of evaluative comments on retrofit compatibility of
the LSI retrofit emission control system with the equipment from third-
party (e.g., driver or fleet operator)
4.4 Alternative In-Use Compliance Test Procedure (where applica-
ble)
4.4.1 Description of the proposed alternative in-use test procedure
4.4.2 Description of test equipment, including measurement accuracy
and precision
4.4.3 Description of advantages and limitations of the proposed alter-
native in-use test procedure
4.4.4 Description of the emission correlation of the proposed alterna-
tive in-use test procedure with emission results from engine dynamome-
ter test conducted for verification of the LSI retrofit emission control sys-
tem
4.4.5 Test results and comments
5. References
6. Appendices
6. 1 Laboratory test report information (for all tests)
6.1.1 Actual laboratory test data
6.1.2 Quality assurance and quality control information
6.2 Third-party letters or questionnaires describing in-field perfor-
mance
6.3 LSI retrofit emission control system label
6.4 Owner's manual (as described in Section 2786(e))
6.5 Other supporting documentation
(e) Within 30 days of receipt of the application, the Executive Officer
shall notify the applicant whether the application is complete.
(0 Within 60 days after an application has been deemed complete, the
Executive Officer shall determine whether the LSI retrofit emission con-
trol system merits verification and shall classify it as shown in Table 1 .
The applicant and the Executive Officer may mutually agree to a longer
time period for reaching a decision, and the applicant may submit addi-
tional supporting documentation before a decision has been reached. The
Executive Officer shall notify the applicant of the decision in writing and
specify the classification level and the percentage reduction or absolute
emissions and identify any terms and conditions that are necessary to
support the verification.
Table 1. LSI Engine Retrofit System Verification Levels
Percentage Reduction Absolute Emissions
Classification
(HC+NOx)
(HC+NOx)
LSI Level \0)
> 25%(2>
Not Applicable
LSI Level 2(1)
> 75<%/3>
3.0 g/bhp-hr*3)
LSI Level 3a(])
> 85%<4>
0.5, 1.0, 1.5,2.0,2.5
g/bhp-hr
LSI Level 3b(5>
Not Applicable
0.5, 1.0, 1.5,2.0
g/bhp-hr
Notes:
0) Applicable to uncontrolled engines only
(2) The allowed verified emissions reduction is capped at 25% regardless of actual
emission test values
(3) The allowed verified reduction for LSI Level 2 is capped at 75% or 3.0 g/bhp-hr
regardless of actual emission test values
(4) Verified in 5% increments, applicable to LSI Level 3a classifications only
<^ Applicable to emission-controlled engines only
(g) Extensions of an Existing Verification. If the applicant has verified
an LSI retrofit emission control system with one emission control group
and wishes to extend the verification to include additional engines or
equipment into the existing emission control group, or it wishes to in-
clude additional emission control groups, it may apply to do so using the
original test data, additional test data, engineering justification and anal-
ysis, and any other information deemed necessary by the Executive Offi-
cer to address the differences between the emission control group already
verified and the additional emission control group(s). Processing time
periods follow sections (e) and (f) above.
(h) Design Modifications. If an applicant modifies the design of an LSI
retrofit emission control system that has already been verified or is under
consideration for verification by the Executive Officer, the modified ver-
sion must be evaluated under this Procedure. The applicant must provide
a detailed description of the design modification along with an explana-
tion of how the modification will change the operation and performance
of the LSI retrofit emission control system. To support its claims, the ap-
plicant must submit additional test data, engineering justification and
analysis, and any other information deemed necessary by the Executive
Officer to address the differences between the modified and original de-
signs. An applicant must have written approval from the Executive Offi-
cer prior to making any design modifications to an LSI retrofit emission
control system that has already been verified or is under consideration for
verification by the Executive Officer. Processing time periods follow
sections (e) and (f) above.
(i) Treatment of Confidential Information. Information submitted to
the Executive Officer by an applicant may be claimed as confidential,
and such information shall be handled in accordance with the procedures
specified in Title 17, California Code of Regulations, Sections
91000-91022. The Executive Officer may consider such confidential in-
formation in reaching a decision on a verification application.
(j) The Executive Officer may lower the verification level or revoke
the verification status of a verified LSI retrofit emission control system
later if there are serious errors, omissions or inaccurate information in the
application for verification or supporting information which, if known at
the time of verification, would have justified lowering the verification
level or denying the application.
NOTE: Authority cited: Sections 39002, 39003, 39500, 39600, 39601,
39650-39675, 40000, 43000, 43000.5, 4301 1, 43013, 43018, 43105, 43600 and
43700, Health and Safety Code. Reference: Sections 43000, 43009.5, 43013,
43018, 43101, 43104, 43105, 43106, 43107, 43204, 43205 and 43205.5, Health
and Safety Code.
History
1. New section filed 4-12-2007; operative 5-12-2007 (Register 2007, No. 15).
§ 2783. Emissions Reduction Testing Requirements.
(a) Emission Control Group. The applicant must identify the emission
control group and test the LSI retrofit emission control system on repre-
sentative engines from that emission control group. The applicant must
Page 359
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§2784
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
identify the test engines, and equipment if applicable, by providing the
engine family name, if available, make, model, and model year. The ap-
plicant must also describe equipment applications on which the LSI ret-
rofit emission control system is intended to be used, by giving examples
of in-use equipment, characterizing typical duty cycles, indicating any
fuel requirements, and/or providing other application-related informa-
tion.
(b) Engine Pre-conditioning. All testing should be performed with the
test engine in a proper state of maintenance. The applicant may tune-up
or rebuild the test engine prior to, but not after, baseline testing, unless
rebuilding the engine is a part of the requirements for installation of the
LSI retrofit emission control system.
(c) LSI Retrofit System Pre-conditioning. The engine or equipment
installed with an LSI retrofit emission control system must be operated
for a break-in period of between 25 and 100 hours before emission test-
ing.
(d) Test Fuel.
(1) The test fuel used shall be consistent with the fuel specifications
as outlined in the "California Exhaust Emission Standards and Test Pro-
cedures for 2001 and Subsequent Model Passenger Cars, Light-Duty
Trucks, and Medium- Duty Vehicles," as incorporated by reference in
section 1961(d). If the engine is tested using the U.S. EPA test fuel, as
outlined in 40 CFR Part 1065, the manufacturer shall demonstrate that
the emission results are consistent with these Test Procedures.
(2) During all engine tests, the engine shall employ lubricating oil con-
sistent with the engine manufacturer's specifications for that particular
engine. These specifications shall be recorded and declared in the verifi-
cation application.
(e) Test Cycle.
(1) Systems verified prior to 2007. Any LSI retrofit emission control
system verified before January 1, 2007 must be tested using the steady-
state test procedure (C2) set forth in the, "California Exhaust Emission
Standards and Test Procedures for New 2001 through 2006 Off-Road
Large Spark-Ignition Engines" as incorporated by reference in section
2433(c), or the U.S. EPA transient test procedure as set forth in 40 CFR
Part 1 048, Subpart F, as adopted July 1 3, 2005. For off-road engines used
in constant-speed operation, the applicant must use the steady-state test
procedure (D2) set forth in the "California Exhaust Emission Standards
and Test Procedures for New 2001 through 2006 Off-Road Large Spark-
Ignition Engines" as incorporated by reference in section 2433(c), or the
U.S. EPA transient test cycle as outlined in 40 CFR Part 1048, Subpart
F, as adopted July 13, 2005. The required test cycles are summarized in
Table 2, below.
Table 2. Test Cycles for Emissions Reduction Testing
Test Type
LSI Retrofit
System
Verification
Date
Off-Road
(including
portable engines)
Off-Road
(constant-speed
operation)
Steady-state test cycle (C2)
from ARB off-road
Engine Pre-2007 regulations or U.S.
EPA transient
test cycle
Steady-state test
cycle (D2) from
ARB off-road
Regulations or
U.S. EPA transient
test cycle
Engine
2007 and
later
U.S. EPA transient test
cycle
U.S. EPA transient
test cycle
(2) Systems verified in 2007 or later. Any LSI retrofit emission control
system verified on or after January 1 , 2007, must be tested using the U.S.
EPA transient test procedure as set forth in 40 CFR Part 1048, Subpart
F, as adopted July 13, 2005.
(f) Alternative Test Cycles and Methods. The applicant may request
the Executive Officer to approve an alternative test cycle or method in
place of a required test cycle or method. In reviewing this request, the
Executive Officer may consider all relevant information including, but
not limited to, the following:
(1) Similarity of characteristics to the specified test cycle or method
and in-use duty cycle.
(2) Body of existing test data generated using the alternative test cycle
or method.
(3) Technological necessity.
(4) Technical ability to conduct the required test.
(g) Test runs to Verify HC, NOx. and CO Emissions Reductions. A
minimum of three hot-start tests for the test cycle selected from Table 2,
or an Executive Officer-approved alternative test cycle, must be run for
baseline and control configurations.
(h) Results. For all valid emission tests used to support emissions re-
duction claims, the applicant must report emissions of total hydrocar-
bons, oxides of nitrogen, and carbon monoxide in grams/brake horse-
power-hour (g/bhp-hr).
(i) Incomplete and Aborted Tests. The applicant must identify all in-
complete and aborted tests and explain why those tests were incomplete
or aborted.
(j) Additional Analyses. The Executive Officer may require the appli-
cant to perform additional analyses if there is reason to believe that the
use of an LSI retrofit emission control system may result in the increase
of toxic air contaminants, or other harmful compounds.
(1) In its determination, the Executive Officer may consider all rele-
vant data, including but not limited to the following:
(A) The addition of any substance to the fuel, intake air, or exhaust
stream.
(B) Whether a catalytic reaction is known or reasonably suspected to
increase toxic air contaminants or ozone precursors.
(C) Results from scientific literature.
(D) Field experience.
(E) Any additional data.
(2) The Executive Officer will determine appropriate test methods for
additional analyses in consultation with the applicant.
(k) Quality Control of Test Data. The applicant must provide informa-
tion on the test facility, test procedure, and equipment used in the emis-
sion testing, including evidence establishing that the test equipment used
meets the specifications and calibrations given in 40 CFR Part 1065.
(/) Testing or inspection. The Executive Officer may, with respect to
any verified LSI retrofit emission control system sold, leased, offered for
sale, or manufactured for sale in California, order the applicant to make
available for testing and/or inspection a reasonable number of LSI retro-
fit emission control systems, and may direct that they be delivered at the
applicant's expense to the state board at the Haagen-Smit Laboratory,
9528 Telstar Avenue, El Monte, California or where specified by the
Executive Officer. The Executive Officer may also, with respect to any
verified LSI retrofit emission control system being sold, leased, offered
for sale, or manufactured for sale in California, have an applicant test
and/or inspect a reasonable number of units at the applicant or manufac-
turer's facility or at any test laboratory under the supervision of the
Executive Officer.
NOTE: Authority cited: Sections 39002, 39003, 39500, 39600, 39601,
39650-39675, 40000, 43000, 43000.5, 43011, 43013, 43018, 43105, 43600 and
43700, Health and Safety Code. Reference: Sections 43000, 43009.5, 43013,
43018, 43101. 43104, 43105, 43106, 43107, 43204, 43205 and 43205.5, Health
and Safety Code.
History
1. New section filed 4-12-2007; operative 5-12-2007 (Register 2007. No. 15).
§ 2784. Durability Demonstration Requirements.
(a) The applicant must demonstrate, to the satisfaction of the Execu-
tive Officer, the durability of the applicant's LSI retrofit emission control
system through an actual field or laboratory-based demonstration test.
If the applicant chooses a laboratory-based durability demonstration, an
additional field demonstration will be required to demonstrate in-field
compatibility (pursuant to Section 2785). If the applicant has demon-
strated the durability of the identical system in a prior verification or
OEM certification, or has demonstrated durability through field experi-
ence, the applicant may request that the Executive Officer accept the pre-
Page 360
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Air Resources Board
§2784
vious demonstration in fulfillment of this requirement. In evaluating
such a request, the Executive Officer may consider all relevant informa-
tion including, but not limited to, the similarity of baseline emissions and
application duty cycles, the relationship between the emission control
group or engine family(ies) used in previous testing and the current emis-
sion control group, the number of engines tested, evidence of successful
operation and user acceptance, and published reports.
(b) Engine Selection. Subject to the approval of the Executive Officer,
the applicant may choose the engine to be used in the durability demon-
stration. The engine must be representative of the engines in the emission
control group for which verification is sought. The selected engine need
not be the same as the engine used for the emission testing (pursuant to
Section 2783), but if the applicant does use the same engine, the emission
testing results may also be used for the zero-hour durability tests.
(c) Test Fuel.
(1) The test fuel used shall be consistent with the fuel specifications
as outlined in the "California Exhaust Emission Standards and Test Pro-
cedures for 2001 and Subsequent Model Passenger Cars, Light-Duty
Trucks, and Medium- Duty Vehicles," as incorporated by reference in
section 1961(d). If the engine is tested using the U.S. EPA test fuel, as
outlined in 40 CFR Part 1065, the manufacturer shall demonstrate that
the emission results are consistent with ARB Test Procedures. Manufac-
turers can use "commercially available fuels" to accumulate service
hours but emission testing must be conducted using test fuel as specified
in this section.
(2) During all engine tests, the engine shall employ lubricating oil con-
sistent with the engine manufacturer's specifications for that particular
engine. These specifications shall be recorded and declared in the verifi-
cation application.
(d) Service Accumulation. The durability demonstration consists of an
extended service accumulation period in which the LSI retrofit emission
control system is used in the field or in a laboratory, with emissions re-
duction testing before and after the service accumulation. Service accu-
mulation begins after the first emission test and concludes before the final
emission test. The pre-conditioning period required in Section 2783 (c)
cannot be used to meet the service accumulation requirements.
(1) Minimum Durability Demonstration Periods. The minimum dura-
bility demonstration period is 1 ,000 hours if it can be correlated or dem-
onstrated to be equivalent to 2,500 hours in-use. The applicant must pro-
vide to the Executive Officer sufficient written documentation to justify
the request for the minimum durability demonstration period. The appli-
cant may propose a sampling scheme that could be used to support an ac-
celerated durability schedule for approval by the Executive Officer. The
sampling scheme may include, but is not limited to, logging only signifi-
cant changes in a parameter, averages, or changes above some threshold
value. Data must be submitted electronically in columns as a text file or
another format approved by the Executive Officer.
(2) Fuel for Durability Demonstrations. The fuel used during durabili-
ty demonstrations should be equivalent to the test fuel, or a fuel with
properties less favorable to the durability of the retrofit emission control
system. Durability demonstrations may, at the applicant's option and
with the Executive Officer's approval, include intentional use of out-of-
specification fuels so that data on the effects of using out-of-specifica-
tion fuels may be obtained.
(e) Test Cycle. Testing requirements are summarized in Table 3. Note
that the same cycle(s) must be used for both the initial (zero hour) and
final (2,500 hour) tests as defined in Section 2783(e).
Table 3. Emission Tests Required for Durability Demonstrations
Zero-Hour Test (prior durability
demonstration) 2,500-Hour Test
(after completion of 100% of the
Test durability demonstration or the
Type minimum durability demonstration)
LSI Retrofit
System
Verification
Application Date
LSI Retrofit
System
Verification
Application Date
Test
Type
Zero-Hour Test (prior durability
demonstration) 2.500-Hour Test
(after completion of 100% of the
durability demonstration or the
minimum durability demonstration)
Off-Road 2007 and
and portable later
engines
Engine U.S. EPA transient test cycle or an
alternative cycle
Off-Road
and portable Pre-2007
engines
Steady-state test cycle from ARB
Engine off-road regulations or U.S. EPA
transient test cycle or an alternative
cycle
(f) Test Run. The number of tests to be conducted in accordance with
the required test cycle shown in Table 3 is described below.
(1) The LSI retrofit emission control system must undergo one set of
emission tests: (3 hot starts each for baseline and with the retrofit emis-
sion control system) at the beginning (zero hour) and one set of emission
tests (3 hot starts for baseline and with the emission control system) after
completion of the durability demonstration (2,500 hours) or the mini-
mum durability demonstration period (1 ,000 hours). If there are substan-
tial test data from previous field studies or field demonstrations, appli-
cants may request that the Executive Officer consider these in place of
the initial emission tests.
(2) As an alternative to testing a single unit before and after the service
accumulation period, the applicant may request that the Executive Offi-
cer consider the testing of two identical units, one that has been pre-
conditioned and another that has completed the service accumulation pe-
riod. In reviewing the request, the Executive Officer may consider all
relevant information, including, but not limited to, the following:
(A) The effect of the LSI retrofit emission control system on engine
operation over time. Strategies that cause changes in engine operation are
likely not to qualify for this testing option.
(B) The quality of the evidence the applicant can provide to support
that the two units are identical.
(C) Previous experience with similar or related technologies.
(g) Maintenance During Durability Demonstration. Except for emer-
gency engine repair, only scheduled maintenance on the engine and LSI
retrofit emission control system may be performed during the durability
demonstration. If normal maintenance includes replacement of any com-
ponent of the engine emission control system, the time (years or hours)
between component change must be reported with the results of the dem-
onstration. If emergency repair was conducted on an engine equipped
with the LSI retrofit emission control system within the durability dem-
onstration period, the applicant must, within 30 days of the repair, report
to the Executive Officer on what repair was performed and what compo-
nents were involved, and provide an explanation on the possible cause(s)
for the engine's and/or LSI retrofit emission control system's malfunc-
tion. Based on the information provided by the applicant, the Executive
Officer will decide whether to allow that engine to continue to be used
in the durability demonstration program, or to start anew the durability
demonstration period.
(h) Performance Requirements. The LSI retrofit emission control sys-
tem must meet the following requirements throughout the durability
demonstration period:
If the applicant claims a percent emissions reduction, the percent emis-
sions reduction must meet or exceed the minimum percent emissions re-
duction associated with the LSI Level for which the applicant is seeking
verification.
If the applicant claims a reduced emission level, the reduced emission
level must not exceed the emission level associated with the LSI Level
for which the applicant is seeking verification.
The LSI retrofit emission control system must maintain its physical in-
tegrity. Its physical structure and all of its components not specified for
regular replacement during the durability demonstration period must re-
main intact and fully functional.
The LSI retrofit emission control system must not cause any damage
to the engine, vehicle, or equipment.
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§2785
BARCLAYS CALIFORNIA CODE OF REGULATIONS
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Except for emergency engine repair, no maintenance of the LSI retro-
fit emission control system beyond that specified in its owner's manual
will be allowed without prior Executive Officer approval.
(i) Failure During the Durability' Demonstration Period. If the LSI ret-
rofit emission control system fails to maintain its initial verified percent
emissions reduction or absolute emissions for any reason, the Executive
Officer may downgrade the system to the verification level that corre-
sponds to the lowest degraded performance observed in the durability
demonstration period. If the LSI retrofit emission control system fails to
maintain the emissions reduction performance pursuant to Sections
2784(h)( 1 ) and 2784(h)(2), as demonstrated during the emission test pur-
suant to Section 2783, during the durability period, the LSI retrofit emis-
sion control system will not be verified. If the LSI retrofit emission con-
trol system fails in the course of the durability demonstration period, the
applicant must submit a report explaining the circumstances of the failure
within 90 days of the failure. The Executive Officer may then, as ap-
propriate, determine whether to deny verification or allow the applicant
to correct the failed LSI retrofit emission control system and either con-
tinue the durability demonstration or begin a new durability demonstra-
tion.
NOTE: Authority cited: Sections 39002, 39003, 39500, 39600, 39601,
39650-39675, 40000, 43000, 43000.5, 43011, 43013. 43018, 43105, 43600 and
43700, Health and Safety Code. Reference: Sections 43000. 43009.5, 43013,
43018, 43101, 43104, 43105, 43106, 43107, 43204, 43205 and 43205.5, Health
and Safety Code.
History
1 . New section filed 4-12-2007; operative 5-12-2007 (Register 2007, No. 15).
§ 2785. Field Demonstration Requirements.
(a) Compatibility. The applicant must demonstrate compatibility of its
LSI retrofit emission control system in the field with at least one piece
of equipment belonging to the emission control group for which it seeks
verification. Note that if the durability demonstration selected by the ap-
plicant is in-field, it may be used to satisfy the field demonstration re-
quirement for that emission control group. An applicant that elected to
demonstrate durability in-field must still comply with the reporting re-
quirements as specified in 2785(c).
(1) Compatibility is determined by the Executive Officer based on the
third-party statement (see section 2785(c)) and any other data submitted.
An LSI retrofit emission control system is compatible with the chosen ap-
plication if it:
(A) Does not cause damage to the engine or engine malfunction;
(B) Does not hinder or detract from the vehicle or equipment's ability
to perform its normal functions; and
(C) Is physically intact and well mounted with no signs of leakage or
other visibly detectable problems.
(2) To determine whether separate field demonstrations are required
when applying to extend additional engine or equipment in an existing
emission control group or when applying to verify additional emission
control groups, the Executive Officer may consider all relevant informa-
tion, including, but not limited to existing field experience and engineer-
ing justification and analysis.
(b) Test Period. A piece of equipment must be operated with the LSI
retrofit emission control system installed for a minimum period of 200
hours.
(c) Reporting Requirements. The applicant must provide a written
statement from a third party approved by the Executive Officer, such as
the owner or operator of the equipment used in the field demonstration.
The written statement must be provided at the end of the test period and
must describe the following aspects of the field demonstration: overall
performance of the test application and the LSI retrofit emission control
system, maintenance performed, problems encountered, and any other
relevant information. The results of a visual inspection conducted by the
third party at the end of the demonstration period must also be described.
The description should comment on whether the LSI retrofit emission
control system is physically intact, securely mounted, or leaking any
fluids, and should include any other evaluative observations.
(d) Failure During the Field Demonstration. The LSI retrofit emission
control system will be deemed to fail the field demonstration require-
ments if it could not comply with the criteria specified in Section
2785(a)(1) during the test period. If the LSI retrofit emission control sys-
tem fails in the course of the field demonstration, the applicant must
notify ARB within 15 days of the failure, and submit a report explaining
the circumstances of the failure within 90 days of the failure. The Execu-
tive Officer may then determine whether to deny verification or allow the
applicant to correct the failed LSI retrofit emission control system and
either continue the field demonstration or begin a new field demonstra-
tion.
NOTE: Authority cited: Sections 39002, 39003, 39500, 39600, 39601.
39650-39675. 40000, 43000. 43000.5, 4301 1. 43013, 43018, 43105, 43600 and
43700. Health and Safety Code. Reference: Sections 43000, 43009.5, 43013,
43018, 43101, 43104, 43105, 43106, 43107, 43204, 43205 and 43205.5, Health
and Safety Code.
History
1. New section filed 4-12-2007; operative 5-12-2007 (Register 2007, No. 15).
§ 2786. Other Requirements.
(a) Fuel and Oil Requirements. The applicant must specify the fuel and
lubricating oil requirements necessary for proper functioning of the LSI
retrofit emission control system. The applicant must also specify any
consequences that will result from failure to comply with these require-
ments, as well as methods for reversing any negative consequences.
(b) Maintenance Requirements. The applicant must identify all nor-
mal maintenance requirements for the LSI retrofit emission control sys-
tem and specify the recommended intervals for cleaning and/or replacing
components. Components to be replaced within the defects warranty pe-
riod must be included with the original LSI retrofit emission control sys-
tem package or provided free of charge to the customer at the appropriate
maintenance intervals. Any normal maintenance items that the applicant
does not intend to provide free of charge must be approved by the Execu-
tive Officer (the applicant is not required to submit cost information for
these.)
(c) System Labeling.
(1) The applicant must either affix legible and durable labels, or pro-
vide such labels to the installer along with instructions on how to affix
them, on both the retrofit emission control system and the engine on
which the retrofit emission control system is installed, except as noted in
(3) below. The required labels must identify the name, address, and
phone number of the manufacturer, the LSI retrofit emission control
group name (defined in (2) below), a unique serial number for the LSI
retrofit emission control system and the month and year of manufacture.
The month and year of manufacture are not required on the label if this
information can be readily obtained from the applicant by reference to the
serial number. A scale drawing of a sample label must be submitted with
the verification application. Unless an alternative is approved by the
Executive Officer, the label information must be in the following format:
Name, Address, and Phone Number of Manufacturer
LSI Retrofit Emission Control Group Name
Product Serial Number
ZZ-ZZ (Month and Year of manufacture, e.g., 11-05)
(2) LSI Retrofit Emission Control Group Name. Each LSI retrofit
emission control system shall be assigned a name defined as below:
CA/V/MMM/LL##/NHP## or NHL##/APP/XXXXX
Where:
CA: Designates an LSI retrofit emission control system verified in
California
V: Year of verification
MMM: Manufacturer code (assigned by the Executive Officer)
LL##: Verified LSI Level (e.g., LL2 means the retrofit system was
verified to the "LSI Level 2", LL3a means the retrofit system was verified
to "LSI Level 3a).
NHP##: Verified HC + NOx reduction percent (e.g., NH75 means HC
+ NOx reduction of 75 percent).
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Title 13
Air Resources Board
§2787
NHL##: Verified HC + NOx absolute emissions in units of g/kW-hr,
(e.g., NH4.0 means verified HC + NOx emission level of 4.0 g/kW-hr).
APP: Verified application includes a combination of Off-road (OF),
or Stationary (ST)
XXXXX: Five alphanumeric character code issued by the Executive
Officer
(3) The applicant may request that the Executive Officer approve an
alternative label. In reviewing this request, the Executive Officer may
consider all relevant information including, but not limited to, the in-
formational content of an alternative label as proposed by the applicant.
(d) Additional Information. The Executive Officer may require the ap-
plicant to provide additional information about the LSI retrofit emission
control system or its implementation when such information is needed to
assess environmental impacts associated with its use.
(e) Owner's Manual. The applicant must provide a copy of the LSI ret-
rofit emission control system owner's manual, which must clearly speci-
fy at least the following information:
Warranty statement including the warranty period over which the ap-
plicant is liable for any defects.
Installation procedure and maintenance requirements for the LSI ret-
rofit emission control system.
Fuel consumption improvement or penalty, if any.
Fuel requirements, if any.
Requirements for lubrication oil quality and maximum lubrication oil
consumption rate
Contact information for replacement components and cleaning agents.
Maintenance Requirements
(f) Noise Level Control. Applicants must ensure that the LSI retrofit
emission control system complies with all applicable local government
requirements for noise control.
(g) Limit on CO. In order for an LSI retrofit emission control system
to be verified, it must comply with one of the following two limits on CO:
( J ) For an LSI retrofit emission control system designed to be installed
in a certified engine, the system must not increase the emissions of CO
greater than the CO emission standards for new, emission-certified, off-
road LSI engines adopted by the Air Resources Board and in effect for
the model year in which the engine certification was issued;
(2) For an LSI retrofit system designed to be installed in an engine that
is not emission-certified, the system must not cause the CO emission lev-
el to exceed the greater of 37 g/bhp-hr or ten percent above the engine's
baseline CO emission level as determined in accordance with sections
2783 and 2784.
(h) Emission Sampling Ports. To facilitate in-field and normal mainte-
nance diagnostic emission measurements, the applicant may choose to
design the LSI retrofit emission control system to have a minimum of two
sampling ports where emissions measurements could be made. Guide-
line suggestions for the sampling port criteria are presented here:
(1) The sampling ports are to be designed to allow for measurements
of uncontrolled, engine-out emissions and controlled, tailpipe emis-
sions;
(2) The sampling ports are to be 1/4 inch NPT half couplings, either
welded to the exhaust system, or manufactured into the retrofit emission
control device where possible;
(3) The sampling port to be used for measuring uncontrolled, engine-
out emissions is to be located in a straight section of the exhaust pipe up-
stream from the retrofit emission control device, after the turbocharger,
if so equipped, with a minimum of one to two pipe diameters from any
elbows upstream of the sampling port. It is acceptable to locate the sam-
pling port adjacent to the oxygen sensor threaded port, if so equipped;
(4) The sampling port to be used for measuring controlled, tailpipe
emissions is to be placed on the muffler body, after the catalyst, if so
equipped, or if in the exhaust pipe, should be located a minimum distance
of 10 inches from the tailpipe opening, if feasible, otherwise, it should be
located as far as possible from the tailpipe opening;
(5) The locations of the sampling ports are to be designed to be accessi-
ble to test personnel without removing major engine or equipment com-
ponents, such as the forklift counterweight, for example;
(6) The sampling ports are to be equipped with threaded plugs.
(7) If the sampling ports are designed to be installed by the retrofit sys-
tem installer, the applicant must provide all necessary parts and complete
instructions for proper installation;
NOTE: Authority cited: Sections 39002, 39003, 39500, 39600, 39601,
39650-39675. 40000, 43000. 43000.5. 4301 1, 43013, 43018. 43105, 43600 and
43700, Health and Safety Code. Reference: Sections 43000, 43009.5, 43013,
43018. 43101, 43104, 43105, 43106, 43107, 43204, 43205 and 43205.5, Health
and Safety Code.
History
1. New section filed 4-12-2007; operative 5-12-2007 (Register 2007, No. 15).
§ 2787. Warranty Requirements.
(a)(1) Product Warranty.
(A) The applicant must provide a warranty to all owners, for owner-
ship within the warranty period, and lessees, for lease contract within the
warranty period, that its verified LSI retrofit emission control system is
free from defects in design, materials, workmanship, or operation of the
LSI retrofit emission control system which cause the LSI retrofit emis-
sion control system to fail to conform to at least 90 percent of the its veri-
fied level for the minimum warranty period of 3 years or 2,500 hours,
whichever occurs first, provided the operation of and conditions of use
for the equipment, engine, and LSI retrofit emission control system con-
form with the operation and conditions specified in the ARB's Executive
Order and that the engine or equipment belongs to the emission control
group as specified in the ARB's Executive Order for that LSI retrofit
emission control system.
(B) In the absence of a device to measure hours of use, the LSI retrofit
emission control system must be warranted for a period of three years.
If a device to measure hours is used, the engine must be warranted for 3
years or 2,500 hours, whichever occurs first. The warranty must cover the
full repair or replacement cost of the LSI retrofit emission control system,
including parts and labor.
(C) The warranty must also cover the full repair or replacement cost
of returning the engine components to the condition they were in prior
to the failure, including parts and labor, for damage to the engine proxi-
mately caused by the verified LSI retrofit emission control system. Re-
pair or replacement of any warranted part, including the engine, must be
performed at no charge to the equipment or engine owner. This includes
only those relevant diagnostic expenses if a warranty claim is valid. The
applicant may, at its option, instead pay the fair market value of the en-
gine prior to the time the failure occurs.
(D) The repair or replacement of any warranted part, otherwise eligi-
ble for warranty coverage, may be excluded from such warranty if the
LSI retrofit emission control system or engine has been abused, ne-
glected, or improperly maintained, and such abuse, neglect, or improper
maintenance was the direct cause of the need for the repair or replace-
ment of the part.
(E) Failure of the equipment or engine owner to ensure scheduled
maintenance or to keep maintenance records for the equipment, engine,
or LSI retrofit emission control system may, but shall not per se, be
grounds for disallowing a warranty claim.
(2) Installation Warranty
(A) A person or company that installs a verified LSI retrofit emission
control system must warrant that the installation is free from defects in
workmanship or materials which cause the LSI retrofit emission control
system to fail to conform to at least 90 percent of its verified level for the
minimum warranty period of 3 years or 2,500 hours, whichever occurs
first, except as noted in 2787(a)(1)(B), or the other requirements as speci-
fied in sections 2786(c) and (e).
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(B) The extent of the warranty coverage provided by installers must
be the same as the warranty provided by the applicant as established in
subsection (a)(1) and the same exclusions must apply.
(b)( 1 ) Product Warranty Statement. The applicant must furnish a copy
of the following statement in the owner's manual. The applicant may in-
clude descriptions of circumstances that may result in a denial of warran-
ty coverage, but these descriptions shall not otherwise limit warranty
coverage in any way.
YOUR PRODUCT WARRANTY RIGHTS AND OBLIGATIONS
(Applicant' s name) must warrant the LSI retrofit emission control sys-
tem in the equipment for which it is sold or leased to be free from defects
in design, materials, workmanship, or operation of the LSI retrofit emis-
sion control system which cause the LSI retrofit emission control system
to fail to conform to the emission control performance level it was veri-
fied to, or to the requirements in the California Code of Regulations, Title
13, Chapter 9, Article 8, Sections 2780 to 2786, and 2789. for 3 years or
2.500 hours, whichever occurs first, pursuant to Section 2787(a)(1), pro-
vided there has been no abuse, neglect, or improper maintenance of your
LSI retrofit emission control system, engine or equipment, as specified
in the owner's manuals. Where a warrantable condition exists, this war-
ranty also covers the engine from damage caused by the LSI retrofit emis-
sion control system, subject to the same exclusions for abuse, neglect or
improper maintenance. Please review your owner's manual for other
warranty information. Your LSI retrofit emission control system may in-
clude a core part (e.g., three-way catalyst, carburetor, mixer or regulator)
as well as hoses, connectors, and other emission-related assemblies.
Where a warrantable condition exists, (applicant's name) will repair or
replace your LSI retrofit emission control system at no cost to you includ-
ing diagnosis, parts, and labor.
WARRANTY COVERAGE:
For a (engine size) engine used in a(n) (type of application) applica-
tion, the warranty period will be 3 years or 2,500 hours of operation,
whichever occurs first. If any emission-related part of your LSI retrofit
emission control system is defective in design, materials, workmanship,
or operation of the LSI retrofit emission control system thus causing the
LSI retrofit emission control system to fail to conform to the emission
control performance level it was verified to, or to the requirements in the
California Code of Regulations, Title 13, Chapter 9, Article 8, Sections
2780 to 2786, and 2789, within the warranty period, as defined above.
( AppI icant' s name) will repair or replace the LSI retrofit emission control
system, including parts and labor.
In addition, (applicant's name) will replace or repair the engine com-
ponents to the condition they were in prior to the failure, including parts
and labor, for damage to the engine proximately caused by the verified
LSI retrofit emission control system. This also includes those relevant
diagnostic expenses in the case in which a warranty claim is valid. (Ap-
plicant 's name) may, at its option, instead pay the fair market value of
the engine prior to the time the failure occurs.
OWNER'S WARRANTY RESPONSIBILITY
As the (engine, equipment) owner, you are responsible for performing
the required maintenance described in your owner's manual. (Appli-
cant's name) recommends that you retain all maintenance records and re-
ceipts for maintenance expenses for your engine or equipment, and LSI
retrofit emission control system. If you do not keep your receipts or fail
to perform all scheduled maintenance, (applicant's name) may have
grounds to deny warranty coverage. You are responsible for presenting
your equipment or engine, and LSI retrofit emission control system to
(applicant's name) or a (applicant's name) dealer as soon as a problem
is detected. The warranty repair or replacement should be completed in
a reasonable amount of time, not to exceed 30 days. If a replacement is
needed, this may be extended to 90 days should a replacement not be
available, but must be performed as soon as a replacement becomes
available.
If you have questions regarding your warranty rights and responsibili-
ties, you should contact (Insert chosen applicant's contact) at
1-800-xxx-xxxx or the California Air Resources Board at 9528 Telstar
Avenue, El Monte, CA 91731. or (800) 363-7664. or electronic mail:
helpline@arb.ca.gov.
(b)(2) Installation Warranty Statement. The installer must furnish the
owner with a copy of the following statement.
YOUR INSTALLATION WARRANTY RIGHTS AND
OBLIGATIONS
(Installer's name) must warrant that the installation of an LSI retrofit
emission control system is free from defects in workmanship or materials
which cause the LSI retrofit emission control system to fail to conform
to the emission control performance level it was verified to, or to the re-
quirements in the California Code of Regulations, Title 13. Sections
2781 to 2786 and 2789. The warranty period and the extent of the warran-
ty coverage provided by (installer's name) must be the same as the war-
ranty provided by the product manufacturer, and the same exclusions
must apply.
OWNER'S WARRANTY RESPONSIBILITY
As the engine or equipment owner, you are responsible for presenting
your engine or equipment and LSI retrofit emission control system to (in-
staller's name) as soon as a problem with the installation is detected.
If you have questions regarding your warranty rights and responsibili-
ties, you should contact (Insert chosen installer's contact) at 1-800-xxx-
xxxx or the California Air Resources Board at 9528 Telstar Avenue, El
Monte, CA 91731, or (800) 363-7664, or electronic mail: help-
line@arb.ca.gov.
(c)(1) Annual Warranty Report. The applicant must submit a warranty
report to the Executive Officer by February 1 of each calendar year. The
warranty report must include the following information:
(A) Annual and cumulative sales, and annual and cumulative leases of
equipment installed with LSI retrofit emission control sys-
tems— (California only).
(B) Annual and cumulative production of LSI retrofit emission control
systems (California only).
(C) Annual summary of warranty claims (California only). The sum-
mary must include:
i. A description of the nature of the claims and of the warranty replace-
ments or repairs. The applicant must categorize warranty claims for each
LSI retrofit emission control system group by the component(s) part
number(s) replaced or repaired.
ii. The number and percentage of LSI retrofit emission control systems
of each model for which a warranty replacement or repair was identified.
iii. A short description of the LSI retrofit emission control system com-
ponent that was replaced or repaired under warranty and the most likely
reason for its failure.
(E)(D) Date the warranty claims were filed and the engine family and
application the LSI retrofit emission control systems were used with. The
reason(s) for any instances in which warranty service is not provided to
end-users that file warranty claims. The applicant may also want to re-
port instances where the applicant chose to honor warranty claims even
though the applicant has determined that those warranty claims were in-
valid or that they were not required per Section 2787 of this regulation.
(c)(2) Periodic Warranty Reports.
(A) The applicant must submit a warranty report within 30 calendar
days if there are three or more warranty claims for the same component
or same part number repaired or replaced; or, if there are four or more to-
tal warranty claims, or four percent of the cumulative number of LSI ret-
rofit systems subject to these warranty provisions, whichever is greater.
The warranty report must include the following information:
i. A description of the nature of the claims and of the warranty replace-
ments or repairs. The applicant must categorize warranty claims for each
LSI retrofit emission control group by the component(s) part number(s)
replaced or repaired.
ii. The number and percentage of LSI retrofit emission control systems
of each model for which a warranty replacement or repair was identified.
iii. A short description of the LSI retrofit emission control system com-
ponent that was replaced or repaired under warranty and the most likely
reason for its failure.
Page 364
Register 2007, No. 15; 4-13-2007
Title 13
Air Resources Board
§2789
iv. Date the warranty claims were filed and the engine family and ap-
plication the LSI retrofit emission control systems were used with.
v. The reason(s) for any instances in which warranty service is not pro-
vided to end-users that file warranty claims. The applicant may also want
to report instances where the applicant chose to honor warranty claims
even though the applicant has determined that those warranty claims
were invalid or that they were not required per Section 2787 of this regu-
lation.
(B) The applicant must comply with the requirements specified pur-
suant to Section 2787(c)(2)(A), above, for warranty claims submitted to
the applicant after the reporting dates of the periodic warranty report.
NOTE: Authority cited: Sections 39002, 39003, 39500, 39600, 39601.
39650-39675, 40000, 43000, 43000.5. 4301 1, 43013, 43018, 43105, 43600 and
43700, Health and Safety Code. Reference: Sections 43000. 43009.5. 43013,
43018, 43101, 43104. 43105. 43106, 43107, 43204, 43205 and 43205.5, Health
and Safety Code.
History
1. New section filed 4-12-2007; operative 5-12-2007 (Register 2007, No. 15).
§ 2788. Determination of Emissions Reduction.
(a) Calculation of Emissions Reduction. The emissions reduction veri-
fied for an LSI retrofit emission control system is based on the average
of all valid test results, as specified in Sections 2783(g) and 2784(f), be-
fore (baseline) and after (control) implementation of the LSI retrofit
emission control system. Test results from both the emission testing and
durability testing are to be included. If the applicant chooses to perform
either the zero hour or the 2500-hour durability baseline test, but not
both, those results must be used to calculate the reductions obtained in
both the zero hour and 2500-hour control tests.
(1) Percentage Reduction. The percentage reduction for a given pair
of baseline and control test sets (where a "set" consists of all test cycle
repetitions) is the difference between the average baseline and average
control emissions divided by the average baseline emissions, multiplied
by 100 percent. The average of all such reductions, as shown in the equa-
tion below, is used in the verification of an LSI retrofit emission control
system.
Percentage Reduction = 100 x X [(baselineAVG- controlAVG)/base'ineAVG]
Number of control test sets
Where:
X = sum over all control test sets
baselineAVG or control vg = average of emissions from all
baseline or control test repeti-
tions within a given set
(2) Absolute Emission Level. The absolute emission level is the aver-
age control emission level, as defined in the following equation:
Absolute Emission Level = X (control vg)
Number of control test sets
(b) Categorization of the LSI Retrofit Emission Control System. The
Executive Officer shall categorize an LSI retrofit emission control sys-
tem to reduce HC and NOx emissions based on its verified emissions re-
ductions. An LSI retrofit emission control system that reduces HC and
NOx will be assigned its verified percentage reduction or verified emis-
sions reduction level, pursuant to section 2782(f)-
The Executive Officer may lower the verification level or revoke the
verification status of a verified LSI retrofit emission control group if the
applicant fails to observe the requirements of Sections 2786 or 2787. The
Executive Officer must allow the applicant an opportunity to address the
possible lowering or revocation of the verification level in a corrective
report to the Executive Officer and the Executive Officer may make this
determination based on all relevant information.
NOTE: Authority cited: Sections 39002, 39003, 39500, 39600, 39601,
39650-39675, 40000, 43000, 43000.5, 4301 1, 43013, 43018. 43105, 43600 and
43700. Health and Safety Code. Reference: Sections 39650-39675, 43000,
43009.5, 4301 3, 43018,43101, 43104, 43105, 43106, 43107 and 43204-43205.5,
Health and Safety Code; and Title 17 California Code of Regulations Section
93000.
History
1. New section filed 4-12-2007; operative 5-12-2007 (Register 2007, No. 15).
§ 2789. In-Use Compliance Requirements.
(a) Applicability. These in-use compliance requirements apply to all
LSI retrofit emission control systems for off-road applications. It is the
responsibility of the applicant to perform in-use compliance testing for
each verified LSI retrofit emission control group. Testing is required
when 50 units within a given LSI retrofit emission group have been sold
or leased in the California market.
(b) Test Period. Applicants must obtain access to and test LSI retrofit
emission control systems, as described below in (c), (d), and (e), once
they have been operated between 1,500 and 2,000 hours or between 22
and 29 months, whichever comes first.
(c) Selection of LSI Retrofit Emission Control Systems for Testing. For
each LSI retrofit emission control group, the Executive Officer will iden-
tify a representative sample of engines or equipment equipped with LSI
retrofit emission control systems for in-use compliance testing. The en-
gines or equipment with the selected LSI retrofit emission control sys-
tems installed must have good maintenance records and may receive a
tune-up or normal maintenance prior to testing. The applicant must ob-
tain information from the end users regarding the accumulated hours of
usage, maintenance records (to the extent practicable), operating condi-
tions and a description of any unscheduled maintenance that may affect
the emission results. If the specified information is not available for the
engine or equipment selected, the Executive Officer may select a differ-
ent engine or equipment for testing. Upon notification that an engine or
equipment has been selected, an applicant would have 6 months to pro-
vide an in-use compliance testing proposal for approval by the Executive
Officer. Testing would begin when the engines had accumulated suffi-
cient hours of service; testing must be completed within one year of noti-
fication.
(d) Number of LSI Retrofit Emission Control Systems to be Tested. The
number of LSI retrofit emission control systems an applicant must test
will be determined as follows:
(1) A minimum of four LSI retrofit emission control systems in each
LSI retrofit emission control group must be tested. For every system
tested that does not reduce emissions by at least 90 percent of the lower
bound of its initial verification level, two more LSI retrofit emission con-
trol systems from the same group must be obtained and tested. The total
number of systems tested shall not exceed ten per LSI retrofit emission
control group.
(2) At the discretion of the Executive Officer, applicants may begin by
testing more than the minimum of four LSI retrofit emission control sys-
tems. Applicants may concede failure of an emission control system be-
fore testing a total of ten LSI retrofit emission control systems.
(e) In-use Compliance Emission Testing. Applicant must measure
emissions using one of the following test procedures for in-use com-
pliance emission testing:
(1) Laboratory Testing. Remove the selected engines or the retrofit
emission control systems for testing in a laboratory. Applicants must fol-
low the testing procedure used for initial emissions reduction verification
as described in Section 2783. For engines originally verified to a percent-
age reduction, both baseline and control tests are required; for engines
originally verified to an absolute emission, only control tests are re-
quired. In addition, applicants must use the same test cycle(s) that they
used to verify the LSI retrofit emission control system originally.
(2) Testing Installed Engines. Test the selected engines while they re-
main installed in the equipment. Applicants must follow the U.S. EPA
field-testing procedures as specified in 40 CFR part 1065, subpart J, as
adopted July 13, 2005. The accuracy and precision of the measurement
system used for in-use testing must be at least +/-5 percent or better. For
engines originally verified to a percentage reduction, both baseline and
control tests are required; for engines originally verified to an emission
level, only control tests are required.
(3) Alternative In-Use Testing. The Executive Officer may approve an
alternative to the in-use testing described above, on a case-by-case ba-
Page 365
Register 2007, No. 15; 4-13-2007
§2789
BARCLAYS CALIFORNIA CODE OF REGULATIONS
Title 13
sis. The proposed alternative must use scientifically sound methodology
and be designed to accurately determine whether the LSI retrofit emis-
sion control system is in compliance with the requirements that are speci-
fied in the verification Executive Order. If the applicant wants to use an
alternative in-use test procedure, the applicant should submit the pro-
posed alternative in-use test procedure at the same time the applicant
submits the proposed verification testing procedure (pursuant to Section
2782(b) for LSI retrofit control system verification. If the applicant pro-
poses an alternative test to determine in-use emissions of the LSI retrofit
system, the applicant must provide data to show that the emission test re-
sults from the proposed alternative test are consistent with the emission
test results derived from engine dynamometer test for the test cycle(s)
that was used in the initial verification of the LSI retrofit system.
(f) If an LSI retrofit emission control system fails catastrophically dur-
ing the in-use compliance testing, the applicant must provide an investi-
gative report detailing the causes of the failure to the Executive Officer
within 90 days of the failure.
(g) The Executive Officer may, with respect to any LSI retrofit emis-
sion control system sold, leased, offered for sale, or manufactured for
sale in California, order the applicant to make available for compliance
testing and/or inspection a reasonable number of LSI retrofit emission
control systems, and may direct that the retrofit emission control systems
be delivered at the applicant's expense to the state board at the Haagen-
Smit Laboratory, 9528 Telstar Avenue, El Monte, California or where
specified by the Executive Officer. The Executive Officer may also, with
respect to any LSI retrofit emission control system being sold, leased, of-
fered for sale, or manufactured for sale in California, have an applicant
compliance test and/or inspect a reasonable number of units at the appli-
cant or manufacturer's facility or at any test laboratory under the supervi-
sion of the ARB Executive Officer.
(h) In-Use Compliance Report. The applicant must submit an in-use
compliance report to the Executive Officer within three months of com-
pleting testing. The following information must be reported for each of
the minimum of four LSI retrofit emission control systems tested:
(1) Parties involved in conducting the in-use compliance tests.
(2) Quality control and quality assurance information for the test
equipment.
(3) LSI retrofit emission control group name and manufacture date.
(4) Equipment and type of engine (engine family name, make, model
year, model, displacement, etc.) the LSI retrofit emission control system
was applied to.
(5) Estimated hours the LSI retrofit emission control system was in
use.
(6) Results of all emission testing.
(7) Summary of all maintenance, adjustments, modifications, and re-
pairs performed on the LSI retrofit emission control system.
(i) The Executive Officer may request the applicant to perform addi-
tional in-use testing if the warranty claims exceed the thresholds speci-
fied in section 2787(c)(2)(A) or based on other relevant information. As
noted in section 2787(c)(2)(A), if warranty claims exceed the specified
thresholds, the applicant must notify the Executive Officer and submit a
warranty report within 30 calendar days of that time.
(j) Conditions for Passing In-Use Compliance Testing. For an LSI ret-
rofit emission control system to pass in-use compliance testing, emission
test results must indicate that the retrofit system reduced emissions by at
least 90 percent of the lower bound of the emissions reduction level to
which the Executive Officer originally verified it to. If the first four LSI
retrofit emission control systems tested within an LSI retrofit emission
control group meet this standard, the LSI retrofit emission control group
passes in-use compliance testing. If any of the first four LSI retrofit emis-
sion control systems tested within an LSI retrofit emission control group
fail to reduce emissions by at least 90 percent of the lower bound of the
emissions reduction level to which the Executive Officer originally veri-
fied it to, and if more than four units are tested, at least 70 percent of all
units tested must pass the 90 percent standard for the LSI retrofit emis-
sion control group to pass in-use compliance testing. For each failed test,
for which the cause of failure can be attributed to the product and not to
maintenance or other engine-related problems, two additional units must
be tested, up to a total of ten units per LSI retrofit emission control group,
(k) Failure of In-use Compliance Testing — Remedial Action. If the
LSI retrofit system from an emission control group does not meet the
minimum requirements for in-use compliance testing, the applicant must
submit a remedial report within 90 days after the in-use compliance re-
port is submitted. The remedial report must include:
(1) Summary of the in-use compliance report.
(2) Detailed analysis of the failed LSI retrofit emission control systems
and possible reasons for failure.
(3) Remedial measures to correct or replace failed LSI retrofit emis-
sion control systems as well as the rest of the in-use LSI retrofit emission
control systems.
(/) The Executive Officer may evaluate the remedial report, annual
warranty report, and all other relevant information to determine if the LSI
retrofit emission control group passes in-use compliance testing. The
Executive Officer may request more information from the applicant.
Based on this review, the Executive Officer may lower the verification
level or revoke the verification status of a verified LSI retrofit emission
control group. The Executive Officer may also lower the verification lev-
el or revoke the verification status of a verified LSI retrofit emission con-
trol group, if the applicant does not conduct in-use compliance testing
in accordance with this section, or if the Executive Officer conducts in-
use compliance testing in accordance with this section (including alterna-
tive testing) and the LSI retrofit emission control group does not pass the
standards in this section. The Executive Officer must allow the applicant
an opportunity to address the possible lowering or revocation of the veri-
fication level in a remedial report to the Executive Officer prior to taking
action lowering or revoking the verification level, and shall consider all
relevant information.
NOTE: Authority cited: Sections 39002, 39003, 39500, 39600, 39601,
39650-39675, 40000, 43000, 43000.5, 4301 1, 43013, 43018, 43105, 43600 and
43700, Health and Safety Code. Reference: Sections 43000, 43009.5, 43013,
43018, 43101, 43104, 43105, 43106, 43107, 43204, 43205 and 43205.5, Health
and Safety Code.
History
1. New section filed 4-12-2007; operative 5-12-2007 (Register 2007, No. 15).
Division 4. Traffic Adjudication Board
NOTE: Authority cited: Section 40666, Vehicle Code. Reference: Section 40650,
Vehicle Code.
History
1. New chapter 4 (articles 1-7, sections 3000-3172 and Appendices 2-1, 3-1,3-2
and 3-3) filed 8-29-80; effective thirtieth day thereafter (Register 80, No. 35).
2. Repealer of chapter 4 (articles 1-7, sections 3000-3172 and Appendices 2-1,
3-1 , 3-2 and 3-3) filed 6-21-85; designated effective 1-1-86 (Register 85, No.
25).
3. Chapter 4 text deleted pursuant to 6-2 1-85 order (Register 85, No. 48). For prior
history, see Registers 83, No. 48; 82, No. 26 and 81, No. 30.
4. Editorial correction of printing error restoring positioning (Register 92, No. 33).
Page 366
Register 2007, No. 15; 4-13-2007
^^Bl
Barclays Official
California
Code of
Regulations
SUBJECT INDEX
Title 13
Motor Vehicles
THOMSON
-*
WEST
Barclays Official California Code of Regulations
425 Market Street • Fourth Floor • San Francisco, CA 94105
800-888-3600
Index updated through Register 2007, Number 52; December 28, 2007
© 2008 Thomson/West
Barclays and Barclays Official California Code of Regulations are Trademarks Used Herein Under
License.
TITLE 13 INDEX
APPEALS
ABANDONMENT
Boats, notice by owner, 13:190.21
ABRASIVE BLASTING
Portable engines and equipment, exhaust emissions,
13:2450-13:2465
ACCESS TO INFORMATION
Driver training schools, student drivers' license
records, 13:344.32
Low speed motor vehicles, 13:272.04
Motor vehicle registration information
See REGISTRATION OF VEHICLES, subhead-
ing: Information requests
ACCIDENTS
Drivers' license, suspension or revocation follow-
ing
-Insurance company, notice that policy or bond not
in effect, 13:75.20
Hazardous wastes and materials, reporting require-
ments, 13:1 166
School buses
See SCHOOL BUSES
ADMINISTRATIVE AGENCIES, STATE
Computer crime, reporting to Highway Patrol,
13:1875
ADVERTISING, 13:255.00-13:262.09
Aftermarket parts, pollution control devices,
13:2222
Availability, 13:260.04
Clarity, 13:260.00
Condition of vehicle, 13:260.03
Defined, 13:255.00
Demonstrators, 13:260.02
Driver training schools, 13:340.40
Equipment and accessories, 13:260.05
History of vehicle, 13:260.02
Identifying dealer or lessor in, 13:262.08
Motor vehicle registration services, 13:330.26
Ownership history, 13:260.02
Pictures, 13:260.03
Qualifying statements, 13:262.09
Rental vehicles, 13:260.02
Returned vehicles, 13:260.07
Salvage vehicles, 13:260.02
Traffic violators, schools for, 13:345.52
Used vehicles, 13:260.02
Voluntary accelerated light-duty vehicle retirement
enterprises, 13:2607
AGRICULTURE
Drivers' license, hazardous agricultural materials
endorsement, medical requirements, 13:28.20
Drivers transporting farm products, hours of ser-
vice, 13:1212
Farm labor vehicles
See FARM LABOR VEHICLES
Hazardous material/ waste transporters, citizenship
and alien status requirements,
13:450.00-13:450.06
See also PERSONAL RESPONSIBILITY AND
WORK OPPORTUNITY RECONCILIA-
TION ACT
AIR CONDITIONING
Chlorofluorocarbons, phase-out, 13:2500
AIR POLLUTION AND CONTROL
Exhaust emissions
See EXHAUST EMISSION STANDARDS AND
TESTS; EXHAUST SYSTEMS
-Diesel engines
See DIESEL ENGINE EMISSIONS
Gasoline
See generally GASOLINE
Particulate matter emissions
-Diesel engines
—Buses, 13:2023-13:2023.4
AIR POLLUTION AND CONTROL-conlinued
Particulate matter emissions-continued
-Diesel engines-continued
— Cargo handling equipment at ports and rail
yards, 13:2479
— Ocean-going vessels, 13:2299.1
— Onboard diagnostic systems for 2010 and subse-
quent years, 13:1971.1
-Off-road compression-ignition engines, 13:2423
-Portable engines, 13:2456
Pollution control devices
See EXHAUST EMISSION STANDARDS AND
TESTS
AIRPORTS
Exhaust emissions, ground equipment
See OFF-ROAD VEHICLES, subheading: Large
spark-ignition engines, exhaust emissions
AIR RESOURCES BOARD
Emission control system warranty regulations,
13:2035-13:2046
See also EMISSION CONTROL SYSTEMS
Pollution control devices, 13:1900-13:2500
Spark-ignition marine engines, exhaust emissions
standards and tests, 13:2440-13:2448
Voluntary accelerated light-duty vehicle retirement
enterprises, 13:2600-13:2610
ALCOHOL ABUSE
Driving under the influence program
See DRIVING UNDER THE INFLUENCE PRO-
GRAM
Motor carrier drivers, placed out of service,
13:1213.1
Student drivers' license, grounds for refusal,
13:344.22
ALCOHOLIC BEVERAGES
School buses, prohibited on, 13:1221
ALIENS
Drivers' licenses and identification cards, issuance,
13:15.00-13:15.06
Motor vehicle license, permit, and certification
restrictions, 1 3:450.00-1 3:450.06
See also PERSONAL RESPONSIBILITY AND
WORK OPPORTUNITY RECONCILIA-
TION ACT
ALL-TERRAIN VEHICLES
Aftermarket parts. 13:2470-13:2476
Dealer bond requirements, 13:268.12
Exhaust emissions standards and test procedures,
13:2410-13:2414
-Enforcement test procedures, in-use vehicles,
13:2136-13:2140
-1982 and subsequent years
— Failure of emission-related component, report-
ing, 13:2141-13:2149
—Recalls, 13:2111-13:2135
Riding seasons, 13:2415
Safety training, business license for organization,
13:440.02
-Disciplinary guidelines, 13:440.04
ALTERNATIVE FUELS, 13:2290-13:2293.5
See also FUELS
Applicability of regulations, 13:2291
Compressed natural gas, 13:2292.5
-Liability for compressed natural gas equipment
breakdowns, relief from, 13:2311
Definitions, 13:2290
E-85 fuel ethanol, 13:2292.4
E-100 fuel ethanol, 13:2292.3
Effective date of regulations, 13:2291
Equivalent test methods, 13:2293
Exemptions for test programs, 13:2293.5
Hydrogen, 13:2292.7
Liquefied petroleum gas, 13:2292.6
M-85 fuel methanol, 13:2292.2
M-100 fuel methanol, 13:2292.1
Off-road compression-ignition engines,
13:2420-13:2427
Test programs, exemptions for, 13:2293.5
AMBULANCES, 13:1100-13:1109
Attendants
-Dismissal, 13:1106
AMBULANCES-continued
Attendants-continued
-Personnel records. 13:1100.8
-Qualifications, 13:1101
Condition of vehicle, 13:1 100.3
-Driver's inspection, 13:1105
Definitions, 13:1100.2
Destination restrictions, 13:1105
Dispatching, 13:1104
-Driver's response, 13:1105
Drivers
-Certificates
— Alien status and citizenship requirements,
13:450.00-13:450.06
See also PERSONAL RESPONSIBILITY AND
WORK OPPORTUNITY RECONCILIA-
TION ACT
— Exemptions, 13:1100.3
— Medical requirements, 13:28.18
— Motor Vehicles Department issuing certificate,
13:28.19
-Duties, 13:1105
-Personnel records, 13:1100.8
-Proficiency, 13:1106
Emergency calls
-Failure to respond, grounds for suspension or
revocation of license, 13: 1 109
-Prerequisites, 13:1100.3
-Records, 13:1100.7
Emergency care equipment and supplies, 13:1103.2
Emergency conditions, medical training exemp-
tions, 13:1100.3
Equipment
-Emergency care equipment and supplies,
13:1103.2
-Inspection by driver, 13:1105
-Safety equipment, 13:1103
Exemptions, 13:1108
-Emergency conditions, medical training exemp-
tions, 13:1100.3
Fees, licensing, 13:1107
Financial responsibility of owner, 13:1106.2
Fire extinguishers, 13:1103
Fraudulent billing practices, grounds for suspension
or revocation of license, 13:1109
Identification, 13:1100.4
-Certificate, 13:1107.2
Incompetence, grounds for suspension or revoca-
tion of license, 13:1109
Inspections, 13:1100.6
Licensing requirements, 13:1107
Location report, 13:1100.5
Owners
-Duties, 13:1106
-Financial responsibility, 13:1106.2
-License to operate service, 13:1107
Records, 13:1100.6-13:1100.8
Reporting requirements, 13:1100.5
Safety equipment, 13:1103
Sirens, 13:1103
-Restrictions, 13:1105
-Unlawful use, grounds for suspension or revoca-
tion of license, 13:1109
Staffing requirements, 13:1106
Supervisors, duties, 13:1106
Temporary operating authorization, 13:1107.4
Transfer, temporary, 13:1107.2
Unlawful operation, 13:1106
Violations, suspension or revocation of license,
13:1109
ANIMALS
Dogs
See DOGS
Motor carriers transporting, 13:1216
State property, on, 13:1866
APPEALS
Motor Vehicles Department, citizenship and alien
status eligibility for benefits, 13:450.06
New Motor Vehicle Board
See NEW MOTOR VEHICLE BOARD
Pollution control devices
-Small off-road engines, evaporative emission cer-
tification, 13:2771
APPEALS
CALIFORNIA CODE OF REGULATIONS
APPEAlS-c:onlinued
Portable engines and equipment, exhaust emission
violations, 13:2464
Slate property use permits, denial or cancellation,
13:1857
ARMED FORCES
See MILITARY SERVICE
ARMORED CARS, 13:1110-13:1113
Identification cards, 13:1112
Licenses, 13:11 1 1
Temporary operating authorization, 13:1113
AUDITS
Motor Vehicles Department business partners,
13:225.63
AUTOMOBILES
See MOTOR VEHICLES; specific topic by name
Dealers
See DEALERS
Distributors
See DISTRIBUTORS
Insurance
See INSURANCE
Manufacturers
See MANUFACTURERS
Registration
See REGISTRATION OF VEHICLES
B
BACKGROUND CHECKS
Traffic schools for violators, instructors' licensure
requirements, 13:345.68
BANKS AND BANKING
Armored cars
See ARMORED CARS
BENZENE
Gasoline standards for CaRFG Phase 2 and Phase
3, 13:2262.3
BICYCLES
Motorized
-Exhaust emissions standards and test procedures,
13:2410-13:2414
-Helmet requirements, 13:980-13:982
State property, on, 13:1867
BLASTING
Portable engines and equipment, exhaust emissions,
13:2450-13:2465
BOARD
See NEW MOTOR VEHICLE BOARD
BOATS AND BOATING
Abandonment of vehicle, notice by owner,
13:190.21
Carrying passengers for hire
-Certificate of number, 13:190.08
-Defined, 13:190.05
Certificates of number
See Registration, this heading
Change of address of owner, notice, 13:190.21
Dealers, 13:190.07, 13:190.08
Definitions
-Dealers, 13:190.07
-Livery boat, 13:190.04
-Manufacturers, 13:190.06
-Spark-ignition marine engines, 13:2441
-Vessel carrying passengers for hire, 13:190.05
Destruction of vehicle, notice by owner, 13:190.21
Exemptions, registration fees, 13:190.16-13:190.18
Hull identification numbers, 13:190.15
Livery boat
-Certificate of number, 13:190.08
-Definitions, 13:190.04
-Rental or lease agreement, on board during opera-
tion, 13:190.20
Manufacturers
-Certificate of number, 13:190.08
BOATS AND BOATING-con/muo/
Manufacturers-C6iM//m/«/
-Definitions, 13:190.06
Non-motorized surfboard-like vessels exempt from
registration, 13:191.00
Number
See Registration, this heading
Racing vessels, when exempt from registration and
numbering, 13:190.19
Recreational-type public vessels, 13:190.17
Registration, 13:1 90.00- 13:1 92.00
-Agents, 13:190.30-13:190.38
-Certificates of number, 13:190.08-13:190.14
— Application for, contents, 13:190.10
— Contents, 13:190.11
—Dealers, 13:190.08
—Invalidity, 13:190.12, 13:190.13, 13:190.22
—Livery vessel, 13:190.08, 13:190.20
— Lost certificate, notice by owner, 13:190.21
— Manufacturers, 13:190.08
— Proof of ownership prerequisite to issuance,
13:190.09
— Racing vessel exemption. 13:190.19
— Recreational-type public vessels, 13:190.17
— Surrender upon invalidity, 13:190.22
— Taxes, payment as prerequisite to issuance,
13:190.09
— Temporary, 13:190.14
— Title prerequisite to issuance, 13:190.09
— Vessel carrying passengers for hire, 13:190.08
-Certificates of ownership
— Application for, contents. 13:190.10
— Proof of ownership, prerequisite to issuance,
13:190.09
— Recreational-type public vessels, 13:190.17
-Display of number, 13:190.00
— Fee-exempt boats, 13:190.18
-Fee exemptions
— Government boats, 13:190.16
—Number, 13:190.18
— Recreational-type public vessels, 13:190.17
-Hull identification numbers, 13:190.15
-Lien sale vessel, transfer of title; proof docu-
ments, 13:192.00
-Non-motorized surfboard-like vessels exempt,
13:191.00
-Ownership, proof of, 13:190.02
-Racing vessel exemptions, 13:190.19
-Stickers, 13:190.01
— Fee-exempt boats, 13:190.18
— Removal, 13:190.13
-Transfer of title, lien sale vessel; proof docu-
ments. 13:192.00
-Undocumented vessel registration agents,
13:190.30-13:190.38
Spark-ignition marine engines, exhaust emissions,
13:2440-13:2448
-Applicability of provisions, 13:2440
-Compliance evaluation, 1 3:2446
-Defects warranties, 13:2445.1
-Definitions, 13:2441
-Emission control warranty statements, 13:2445.2
-Emission standards, 13:2442
-Environmental label/consumer notification require-
ments, 13:2443.3
-Labels, 13:2443.1-13:2443.2
-Large engines, 13:2430-13:2439
-Malfunction detection system, 13:2444.2
-Production-line test procedures, 13:2446
-Recalls, 13:2444.1
-Selective enforcement auditing, 13:2446
— Sampling plans, 13:2446 Appx.
-Sunset review of regulations, 13:2448
-Testing, 13:2444.1, 13:2447
BONDS, SECURITY
All-terrain vehicle dealers, 13:268.12
Driving school owners, 13:340.13
Motorcycle dealers, 13:268.12
Motor vehicles
-Certificate of title, 13:152.00
-Dealers, 13:268.10-13:268.12
— Lessor-retailers, 13:280.12
-Registration services, 13:330.08
-Remanufacturers, 13:285.06
BONDS, SECUmTf-continued
Motor vch\c\cs-continued
-Verifiers, 13:292.06
Traffic violator school owners, 13:345.65
BRAKE EQUIPMENT, 13:1061-13:1066
Airbrake safety valves, adjustment, 13:1062
Air compressor governors, adjustment, 13:1061
Buses, 13:1245
Emergency vehicles, brake adjustment certificate,
13:1121
Load-controlled air pressure reducing systems,
operation, 13:1063, 13:1066
Pressure controlled air pressure reducing systems,
operation, 13:1065, 13:1066
School buses, 13:1246
Wheel-controlled air pressure reducing systems,
operation, 13:1064, 13:1066
BUILDINGS
Use of state property, 13:1850-13:1869
See also PUBLIC BUILDINGS AND
GROUNDS, USE OF
BUS DRIVERS, 13:1203-13:1229
See also MOTOR CARRIERS, subheading: Driv-
ers
BUSES, 13:1200-13:1293
See also MOTOR CARRIERS
Brakes. 13:1245
Definitions. 13:1201
Drivers, 13:1203-13:1229
See also MOTOR CARRIERS, subheading: Driv-
ers
Exhaust emissions standards and test procedures,
13:1956.8, 13:1956.9
-Particulate matter
—Transit agencies, 13:2023-13:2023.4
Fleet rule, 13:2023-13:2023.1
Reporting requirements, 13:2023.4
Urban buses, 13:2023.1
Vehicle requirements, 13:2023.2
— Zero-emission requirements, 13:2023.3
-Urban buses, 13:1956.1
—Fleet rule, 13:2023.1
— Particulate matter, 13:2023.1
Exhaust systems, 13:1261
Exits, 13:1267-13:1269
Safety requirements, 13:1200-13:1293
School buses
See SCHOOL BUSES; SCHOOL PUPIL ACTIV-
ITY BUSES
Signs, interior no smoking signs, 13:1256
Tires, loads, 13:1085, 13:1244
Ventilation, 13:1260
Wheelchair lifts
See WHEELCHAIR LIFTS
Youth buses
See YOUTH BUSES
CAMPS AND CAMPING
Recreational vehicles
See RECREATIONAL VEHICLES
CAPITOL GROUNDS
Animals, 13:1866
Bicycles, 13:1867
Games on, prohibitions, 13:1869
Parking, 13:1865
Skateboarding and rollerskating, 13:1867
Sports, prohibitions, 13:1869
Use of state property, 13:1850-13:1869
See also PUBLIC BUILDINGS AND
GROUNDS, USE OF
CARBON MONOXIDE EMISSIONS
Off-road compression-ignition engines, standards
and tests, 13:2423
Off-road large spark-ignition engines, retrofit emis-
sion control system limits, 13:2786
TITLE 1 3 INDEX
DEALERS
CARBON MONOXIDE EMISSIONS^conr/mto/
Portable engines, 13:2456
CAR DEALERS
See DEALERS
CARGO CARRIERS
See MOTOR CARRIERS
CARGO TANKS
Hazardous waste transportation, applicability of
federal regulations, 13:1202.1, 13:1202.2
CAR MANUFACTURERS
See MANUFACTURERS
CARRIERS
See MOTOR CARRIERS
CARS
See MOTOR VEHICLES; specific topic by name
CATALYTIC CONVERTERS
See generally EXHAUST SYSTEMS
CERTIFICATES AND CERTIFICATION
See also LICENSING
Ambulance drivers
See AMBULANCES
Boats and vessels
See BOATS AND BOATING, subheading: Regis-
tration
Commercial driver licenses, employer testing pro-
grams
-Driving skill, 13:25.14
Drivers' licenses, medical certificates issued by
Motor Vehicles Department, 13:28.19
Driver training schools
-Completion certificates, 13:342.04
—Minors, 13:340.27
-Vehicle and equipment inspection certificate,
13:340.30
Emergency vehicles, brake adjustment certificate,
13:1121
Engines, certification for emission control system
warranty, 13:2035-13:2046
Exhaust emissions
-Certificates of compliance, exemptions,
13:2163-13:2165
-Certification and service documents, 1993 and
subsequent years, 13:1977
-Internal combustion engines in enclosed struc-
tures, emission control devices, 13:2230,
13:2231
-Manufacturers, certification fees, 13:1990-13:1994
-Motorcycle certificates of compliance, 13:2163,
13:2177
-Proof of correction certificate, 13:2186
— Influenced and voluntary recalls, in-use vehicles,
13:2117
— Ordered recalls, in-use vehicles, 13:2129
Exhaust systems
-Replacement systems, certification,
13:1050-13:1054
Hazardous materials, certification by shippers,
13:1161.1
Insurance, certificates of self-insurance
See INSURANCE
Motor carriers
-Certificate of self-insurance, 13:221.00-13:221.12
-Inspection approval, 13:1231
Motor vehicles
-Citizenship and alien status requirements,
13:450.00-13:450.06
See also PERSONAL RESPONSIBILITY AND
WORK OPPORTUNITY RECONCILIA-
TION ACT
-Emission control system repair, 13:2172.5
-Manufacturers
— Clean air act annual certification fees,
13:1990-13:1994
— Emission control system warranty, certification,
13:2035-13:2046
-Registration services, 13:330.60
Muffler certification stations
See MUFFLER CERTIFICATION STATIONS
Pollution control devices
-Small off-road engines, evaporative emission
requirements, 13:2753
CERTIFICATES AND CERTIFICATION-con/zm/ed
School buses
-Chassis, certification, 13:1272
-Inspections, 13:1231
Special driver certificates
See DRIVERS' LICENSES
Traffic violators schools
-Completion certificates, 13:345.44-13:345.48
-Public school instructors, 13:345.29
Wheelchair lifts, certification, 13:1094, 13:1269.1
CFC REFRIGERANTS
Motor vehicle air conditioning systems, phase-out,
13:2500
CHAIN SAWS
Pollution control devices, 13:2400-13:2409
CHANGE OF ADDRESS
Boat owners, notice, 13:190.21
Driver training schools, 13:340.20
Motor carriers, 13:1233.5
School buses, 13:1233.5
CHANGE OF VENUE
Drivers' license suspension or revocation hearings,
13:115.06
CHARGES
See FEES
CHARTER BOATS
See generally BOATS AND BOATING
CHEMICALS
Hazardous materials, transporting
See HAZARDOUS MATERIALS, TRANSPOR-
TATION
CHILDREN
Drivers' licenses, minors under age eighteen
-Forms, 13:50.40
-Instructions, minimum, 13:50.45
Driver training
-Completion certificates, 13:340.27
-Courses for, approval, 13:340.25
CHLOROFLUOROCARBONS
Motor vehicle air conditioning systems, phase-out
of CFC refrigerants, 13:2500
CITIES
Solid waste collection
-Vehicles, particulate matter control measures,
13:2020-13:2021.2
CLEAN AIR ACT
Motor vehicle manufacturers, annual certification
fees, 13:1990-13:1994
CLEAN FUELS PROGRAM
See FUELS
COLLEGES AND UNIVERSITIES, STATE
State-owned motor vehicles, license plates,
13:180.00, 13:180.02
COMMERCIAL COACHES
Federal regulations, 13:1202.1, 13:1202.2
COMMERCIAL DRIVERS' LICENSES
See DRIVERS' LICENSES
COMMON CARRIERS
See BUSES
Fleet owner inspection and maintenance stations
See FLEET OWNER INSPECTION AND MAIN-
TENANCE STATIONS
COMPRESSED NATURAL GAS
Motor vehicle fuel
-Clean fuels program, 13:2300-13:2318
See also FUELS
-Specifications, 13:2292.5
COMPUTERS
Computer crime, agency reports to Highway Patrol,
13:1875
CONFIDENTIAL INFORMATION
Motor vehicle registration services, 13:330.40
New Motor Vehicle Board, conversion of informal
mediation to petition, 13:551.17
CONFLICT OF INTEREST
Highway Patrol Department, 13:1800
CONFLICT OF \NTEREST-continued
Highway Patrol Departmeni-coulinued
-Disclosure categories, 13:1800 Appx.
-Employee designations, 13:1800 Appx.
Motor Vehicles Department, 13:1
New Motor Vehicle Board, 13:599
CONSTRUCTION
Drivers, hours of service, 13:1212
Exhaust emissions, compression-ignition engines,
13:2420-13:2427
CONTAINERS
Fuels, portable containers and spouts,
13:2467-13:2467.9
See also FUELS
Hazardous materials, transportation
See HAZARDOUS MATERIALS, TRANSPOR-
TATION, subheading: Packaging
Liquids in collapsible containers, securement and
transportation, 13:1400-13:1405
CONTINUANCE
New Motor Vehicle Board proceedings, 13:560,
13:572, 13:573, 13:575, 13:592
CONTRACTORS
Motor vehicle registration service, subcontracting,
13:330.34
School bus contractor's licenses, 13:1130
CONTRACTS
Motor Vehicles Department, business partner auto-
mation program, 13:225.00-13:225.72
See also MOTOR VEHICLES DEPARTMENT,
subheading: Business partners
CORRECTIONAL INSTITUTIONS
Transportation of prisoners, driver records, 13:1213
CRIMES AND OFFENSES
Computer crime, agency reports to Highway Patrol,
13:1875
D
DEAF PERSONS
Accommodation of, drivers' license suspension or
revocation hearings, 13:115.03
Drivers' license hearings, accommodation,
13:115.03
DEALERS, 13:255.00-13:272.04
Boats and vessels
-Certificate of number, 13:190.08
-Definitions, 13:190.07
Bond, 13:268.10-13:268.12
-Lessor-retailers, 13:280.12
Branches, 13:270.00
-Application, 13:252.40
-Definition, 13:270.02
Business license, 13:252.10-13:252.30,
13:268.04-13:268.08, 13:440.02
-Disciplinary guidelines, 13:440.04
-Educational program requirements,
13:268.06-13:268.08
-Examination, 13:268.04
-Fee paid to New Motor Vehicle Board, 13:553,
13:553.10
-Notice of suspension, 13:316.00
Business records, 13:272.00
-Location of, 13:272.02
Definitions, 13:255.00-13:255.02
Display area, 13:270.08
Educational program, licensing requirements,
13:268.06-13:268.08
Emission control system warranty,
13:2036-13:2038
Exhaust emissions, surveillance testing
-New cars, 13:2151
-Used cars, 13:2152
Fairs, display at, 13:270.08
Identification in advertisement, 13:262.08
License
See Business license, this heading
DEALERS
CALIFORNIA CODE OF REGULATIONS
DEALERS-<:o/77/'m<e<:/
Low speed motor vehicles, disclosures to buyers,
13:272.04
Notice of suspension, 13:316.00
Occupational license
See Business license, this heading
Offices, 13:270.00, 13:270.04
Penalties for violations, 13:314.00
Place of business, 13:270.00, 13:270.04
Salespersons
-Licensing, 13:440.02, 13:440.04
-Penalties for violations, 13:314.00
Shopping malls, display at, 13:270.08
Signs, 13:270.06
Suspension of license, notice, 13:316.00
DEFINITIONS
Advertising. 13:255.00
Ambulances, 13:1100.2
Boats
See BOATS AND BOATING
Commercial driver licenses, employer testing pro-
grams, 13:25.06
Compressed natural gas fuel systems. 13:931
Dealer's cost, 13:255.01
Demonstrator, 13:255.02
Diesel ensine emissions
See DIESEL ENGINE EMISSIONS
Dismantles of motor vehicles, branches, 13:304.02
Drivers' licenses
See DRIVERS' LICENSES
Electric powered low speed vehicles (LSVs),
13:272.04
Emission control systems
-Failure of equipment, 13:2166.1
-Warranties. 13:2035
Engine, 13:150.01
Exhaust emissions
-Control system warranty, 13:2035
-Recalls, 13:2112
-Standards and test procedures, 13:1900
Exhaust systems, noise measurement, 13:1031
Factory invoice, 13:255.01
Fleet owner inspection and maintenance stations,
13:615.1
Fuel containers and spouts, portable, 13:2467.1
Hazardous materials, transportation, 13:1160.3
Heavy-duty vehicles, emissions testing and inspec-
tion, 13:2180.1
License plates
-Disabled person placards and plates, 13:182.00
-Press photographers, 13:172.00
Liquefied natural gas fuel systems, 13:931
Liquefied petroleum gas fuel systems, 13:931
Livery boat, 13:190.04
Motor, 13:150.01
Muffler certification stations, 13:601
New Motor Vehicle Board, 13:550
Occupational license, 13:440.02
Off-road vehicles
See OFF-ROAD VEHICLES
Pickup trucks, 13:150.04
Pollution control, small off-road engines, 13:2401
-Evaporative emission requirements, 13:2752
Pollution control devices, 13:1900
Portable engines and equipment, exhaust emission
standards and tests, 13:2452
Registration of vehicles
See REGISTRATION OF VEHICLES
School buses, 13:1201
Sirens, 13:1021
Sound measurement, 13:1041
State property, use, 13:1851
Tires, 13:1081
Voluntary accelerated light-duty vehicle retirement
enterprises, 13:2601
Wheelchair lifts, 13:1091
DEPOSITIONS
New Motor Vehicle Board, testimony before,
13:551.6
DEVELOPMENTALLY DISABLED PERSONS
Transportation services, alien status and citizenship
requirements for certification,
13:450.00-13:450.06
See also PERSONAL RESPONSIBILITY AND
WORK OPPORTUNITY RECONCILIA-
TION ACT
DIESEL ENGINE EMISSIONS
Cargo handling equipment at ports and rail yards,
13:2479
Certificate of compliance exemptions, 13:2164,
13:2165
Definitions
-Heavy-duty engines and vehicles, 13:2180.1
-Heavy-duty vehicles, 13:2180.1
-In-use control strategies, 13:2701
-Off-road compression-ignition engines, 13:2421
-Periodic smoke inspections, 13:2191
Harborcraft. fuel standards, 13:2299
Heavy-duty engines and vehicles
-Applicability of standards, 13:2180
-Definitions, 13:2180.1
-Driver and inspector responsibilities during
inspection, 13:2181
-Emission control components subject to inspec-
tion, 13:2183
-Engine manufacturer diagnostic systems, 2007
and subsequent model years, 13:1971
-1973-1978 model years, 13:1957
-1981-1984 model years, 13:1956.7
-1985 and subsequent years, 13:1956.1
-Off-road compression-ignition engines,
13:2420-13:2427
— Defect investigation and report, 13:2425.1
— Definitions, 13:2421
— Emission control system warranty statement,
13:2426
— Labeling requirements, emission control,
13:2424
— Military vehicles, exemptions, 13:2420
— New engines, 13:2427
— Quality audit testing, 13:2427
— Warranty requirements, 13:2425, 13:2426
-Retrofitted engines, optional standards, 13:1956.9
-Service information, 2007 and subsequent years,
13:1969
-Severability of provisions, 13:2189
-Smoke
—Emissions testing, 13:2180-13:2189
—Inspections, 13:2190-13:2194
—Opacity testing, 13:2182, 13:2193
-2005 and subsequent model years, applicability of
standards, 13:2065
Idling, air toxic control measures, 13:2485
-School buses, 13:2480
In-use control strategies, 13:2700-13:2710
-Alternative fuels, verification of emission reduc-
tions, 13:2710
-Applicability, 13:2700
-Application process, 13:2702
-Compliance requirements, 13:2709
-Definitions, 13:2701
-Determination of emissions reduction, 13:2708
-Durability testing, 13:2704
-Emission testing, 13:2703
-Engine backpressure, 13:2706
-Field demonstrations, 13:2705
-Fuel additives, 13:2706
-Labeling of system, 13:2706
-Maintenance, 13:2706
-Nitrogen dioxide, limit and measurement, 13:2706
-Noise level control, 13:2706
-Pollutants, limits, 13:2706
-Warranty requirements, 13:2707
Locomotives, fuel standards, 13:2299
Particulate matter
-Buses, 13:2023-13:2023.4
-Control measures, 13:2020-13:2023.4
-Onboard diagnostic systems for 2010 and subse-
quent years, 13:1971.1
Transport refrigeration units, airborne toxic control
measures, 13:2477
DIESEL FUEL, 13:2281-13:2283
Aromatic hydrocarbon content, 13:2282
Exhaust emissions
See DIESEL ENGINE EMISSIONS
Lubricity, 13:2284
Military vehicle exemptions, 13:2285
Sulfur content, 13:2281
Test programs, exemptions for, 13:2283
DIESEL FUEL-continued
Transport refrigeration units, airborne toxic control
measures, 13:2477
DISABILITY
License plates or placards, 13:182.00-13:182.02
DISCIPLINARY ACTIONS
Ambulance operators, suspension or revocation of
license, 13:1109
Business license
-Disciplinary guidelines, 13:440.04
-Revocation or suspension following proceeding
before New Motor Vehicle Board, 13:562
Dealers, notice of suspension of license, 13:316.00
Drivers' licenses
See DRIVERS' LICENSES
Emergency vehicle permits, revocation or suspen-
sion, 13:1124
Fleet owner inspection and maintenance stations,
suspension or revocation of license. 13:618
Motor vehicle registration services, license revoca-
tion or suspension, 13:330.54-13:330.58
Muffler certification stations, license suspension or
revocation, 13:605
Occupational licenses, notice of suspension,
13:316.00
Traffic violators schools, license suspension or
revocation, 13:345.86
DISCLOSURE OF INFORMATION
Driver training schools, student drivers' license
records, 13:344.32
Low speed motor vehicles, 13:272.04
Motor vehicle registration information
See REGISTRATION OF VEHICLES, subhead-
ing: Information requests
DISCOVERY
Drivers' license suspension or revocation hearings,
13:115.05
New Motor Vehicle Board
-Depositions, 13:551.6
-Informal mediation, 13:551.15
DISMANTLERS, 13:304.00-13:304.14
Acquisition of cleared vehicles, 13:304.10
Branches, 13:304.00, 13:304.02
Business license, 13:252.10-13:252.30, 13:440.02
-Disciplinary guidelines, 13:440.04
Business records, 13:304.12, 13:304.14
Dismantling area, location, 13:304.06
License
See Business license, this heading
Notice of acquisition, 13:304.08, 13:304.10
Penalties for violations, 13:314.00
Place of business, 13:304.00, 13:304.02
Report forms, 13:304.08
Signs, 13:304.04
Voluntary accelerated light-duty vehicle retirement
enterprises, 13:2600-13:2610
DISMISSAL OF EMPLOYEES
See TERMINATION OF EMPLOYMENT
DISTRIBUTORS
Business license, 13:252.10-13:252.30, 13:440.02
-Disciplinary guidelines, 13:440.04
-Revocation or suspension following proceeding
before New Motor Vehicle Board, 13:562
Fees paid to New Motor Vehicle Board,
13:553-13:553.75
-Amount, 13:553.70
-Date for payment, 13:553.20
-Delinquent payment, 13:553.71
-Liability, 13:553.50
-Noncompliance, effect, 13:553.75
-Notice of fee assessment, 13:553.70
-Statement of number of vehicles distributed,
13:553.10
Penalties for violations, 13:314.00
Price, 13:262.01
Report to New Motor Vehicle Board, 13:553.50
DOCTORS
Motor vehicles, insigne, 13:970, 13:971
DOGS
Motor carriers transporting, 13:1216
TITLE 13 INDEX
DRIVERS' LICENSES
•
•
•
DOGS-confinued
State property, restrictions, 13:1866
DRIVERS
Alien status and citizenship requirements for
licensing, certification, and permits,
13:450.00-13:450.06
See also PERSONAL RESPONSIBILITY AND
WORK OPPORTUNITY RECONCILIA-
TION ACT
Ambulance drivers
See AMBULANCES
Education
See DRIVER TRAINING SCHOOLS
Flammable liquids, tank drivers
See FLAMMABLE LIQUIDS
Hazardous materials
See HAZARDOUS MATERIALS, TRANSPOR-
TATION
Hours of service, 13:1212
Licenses
See DRIVERS- LICENSES
School buses
See SCHOOL BUSES
School pupil activity buses
See SCHOOL PUPIL ACTIVITY BUSES
Traffic violators
See TRAFFIC VIOLATORS SCHOOLS
Youth buses
See YOUTH BUSES
DRIVERS' LICENSES
Aliens, issuance requirements, 13:15.00-13:15.06
Ambulance drivers' certificates, medical require-
ments, 13:28.18
-Motor Vehicles Department issuing certificate,
13:28.19
Application
-Fraudulent, 13:25.01
-Student licenses, verification of name and birth-
date, 13:344.18
Certificates of self-insurance
See INSURANCE
Change of name, information required, 13:20.04
Citizenship, status of
-Appeals hearings, 13:15.05
-Commercial driver licenses, eligibility require-
ments, 13:450.00-13:450.06
See also PERSONAL RESPONSIBILITY AND
WORK OPPORTUNITY RECONCILIA-
TION ACT
-Documentation requirements, 13:15.00
-Issuance, terms of, 13:15.03
Class A licenses, 13:28.18, 13:28.19
-Medical requirements, restricted licenses, 13:28.21
Class B licenses, 13:28.18, 13:28.19
Commercial driver licenses
-Citizenship and alien status requirements,
13:450.00-13:450.06
See also PERSONAL RESPONSIBILITY AND
WORK OPPORTUNITY RECONCILIA-
TION ACT
-Employer testing programs, 13:25.06-13:25.22
— Administrator roles and responsibilities,
13:25.20
— Application changes, reporting, 13:25.09
— Authority, 13:25.06
— Authorized representative roles and responsibili-
ties, 13:25.21
— Cancellations, 13:25.17
— Certificate of driving skill, 13:25.14
— Definitions, 13:25.06
— Driver training programs, 13:25.12
— Driving test programs, 13:25.13
— Driving test routes, 13:25.10
— Employer prerequisites, 13:25.07
— Employer roles and responsibilities, 13:25.19
—Enrollment, 13:25.08
— Examiner roles and responsibilities, 13:25.22
— Quality assurance, 13:25.11
— Recordkeeping requirements, 13:25.15
— Reinstatements, 13:25.17, 13:25.18
— Sample testing of certified drivers, 13:25.16
— Sanctions, 13:25.18
Deaf persons, accommodation of at drivers' license
suspension or revocation hearings, 13:115.03
DRIVERS' LICENSES-c-on/i/iH«/
Definitions
-Commercial driver licenses, employer testing pro-
grams, 13:25.06
-Student licenses, 13:344.10
-True full name requirement, 13:15.06
Denial, appeal hearing, 13:15.05
Disciplinary actions, 13:1 10.04
Documentation requirements, 13:15.00, 13:20.06,
13:25.01
Driving under the influence program
-Ignition interlock devices. 13:125.00-13:125.22
-Restriction fee, 13:124.95
Fees
-Restricted licenses
— Accidents, following, 13:77.05
— Driving under the influence, following,
13: 124.95
-Student licenses, 13:344.28
-Suspension or revocation, reinstatement,
13:140.00
Firefighter licenses
-Medical requirements for restricted licenses,
13:28.22
-Noncommercial, citizenship and alien status
requirements, 13:450.00-13:450.06
See also PERSONAL RESPONSIBILITY AND
WORK OPPORTUNITY RECONCILIA-
TION ACT
Forms
-Financial responsibility restricted licenses,
13:75.20-13:77.17
-Minors under age eighteen, 13:50.40
Fraud
-Applications, 13:25.01
-Disciplinary guidelines, 13:110.04
Hazardous agricultural materials endorsement,
medical requirements, 13:28.20
Health questionnaire. 13:28.23
Hearing impaired persons, accommodation of at
drivers' license suspension or revocation hear-
ings, 13:115.03
Hearings
-Denial, 13:15.05
-Suspension or revocation, 13:115.01-13:115.10
House car endorsement, 13:147.00
Identification cards
See IDENTIFICATION CARDS
Identification requirements, 13:15.00, 13:20.06,
13:25.01
Immigration status
-Appeals hearings, 13:15.05
-Documentation requirements, 13:15.00
-Issuance, terms of, 13:15.03
Medical certificates issued by motor vehicles
department, 13:28.19
Medical requirements, 13:28.18
-Disciplinary guidelines, 13:110.04
-Firefighter licenses, restricted, 13:28.22
-Hazardous agricultural materials endorsement,
13:28.20"
-Health questionnaire, 13:28.23
-Lapses of consciousness, disorders characterized
by, 13:110.01, 13:110.02
-Reexaminations, 13:100.01
-Restricted Class A licenses, 13:28.21
Minors under age eighteen
-Forms, 13:50.40
-Instructions, minimum, 13:50.45
Name requirement, 13:15.06
-Identification documentation required, 13:20.04
Negligent operation, disciplinary guidelines,
13:110.04
Physical requirements, 13:28.18
Problem Driver Pointer System, 13:15.01
Provisional licenses
See Student licenses, this heading
Reinstatement
-Prerequisites, 13:124.93
-Reissue fee, 13:140.00
Restricted licenses
-Following accidents, 13:77.05-13:77.17
— Application, 13:77.10
— Employment restriction, 13:77.15
DRIVERS' UCENSES-continued
Restricted Mcenses-conlinued
-Following accidenis-continued
—Fees, 13:77.05
— Medical treatment restriction, 13:77.17
— School transportation restriction, 13:77.16
-Suspension of license, critical need to drive,
13:118.00
Revocation
See Suspension or revocation, this heading
Social security number verification. 13:15.04
Student licenses, 13:344.10-13:344.34
-Age qualification, 13:344.22
-Alcohol addiction, grounds for refusal, 13:344.22
-Application
— Identification required, 13:344.18
—Records, 13:344.32
-Cancellation, 13:344.26
-Contents, 13:344.24
-Definition, 13:344.10
-Driving school, authorization to issue, 13:344.12
-Drug addiction, grounds for refusal, 13:344.22
-Examinations, 13:344.20
-Fees, 13:344.28
-Hearing test, 13:344.20, 13:344.22
-Issuance, 13:344.24
— Log maintained by driver training school,
13:344.30, 13:344:32
-Knowledge test, 13:344.20, 13:344.22
-Limited operation of vehicle permitted, 13:344.14
-Lost, procedure, 13:344.30
-Purchase by driver training schools, 13:344.28
-Refusal, grounds, 13:344.22
-Stolen, procedure, 13:344.30
-Verification of name and birthdate, 13:344.18
-Vision test, 13:344.20, 13:344.22
-Voided, procedure, 13:344.30
Suspension or revocation
-Accident, following
— Exemption, 13:77.00
— Restrictions on license, 13:77.05-13:77.17
-Accident, insurance company's notice that policy
or bond not in effect, 13:75.20
-Deaf persons, accommodation of at hearings,
13:115.03
-Fraudulent documentation, 13:25.01
-Hearings, 13:115.01-13:115.10
— Applicability of regulations, 13:115.01
— Change of venue, 13:115.06
— Deaf persons, accommodation requirements,
13:115.03
— Discovery, 13:115.05
— Disqualification of hearing officer, 13:115.09,
13:115.10
— Interpreters, 13:115.03
—Motions, 13:115.08
— Public observation, 13:115.02
—Requests for, 13:115.04
— Telephone hearings, 13:115.07
-Lapses of consciousness, disorders characterized
by, 13:110.01
-Reissuance of license
—Fees, 13:140.00
— Prerequisites, 13:124.93
-Restricted license based on critical need to drive,
13:118.00
-Student license, grounds for refusal, 13:344.22
-Termination due to completion of driving under
the influence program, 13:124.92
-Traffic violators
See TRAFFIC VIOLATORS SCHOOLS
Temporary licenses
-Denial, appeal hearing, 13:15.05
-Issuance pending verification of documents,
13:15.03
Tests
-Out-of-state driver license verification for waiver
of test, 13:15.01
Traffic violators
See TRAFFIC VIOLATORS SCHOOLS
Waivers
-Out-of-state driver license verification for waiver
of test, 13:15.01
DRIVER TRAINING SCHOOLS
CALIFORNIA CODE OF REGULATIONS
DRIVER TRAINING SCHOOLS,
13:340.00-13:344.34
Advertising, 13:340.40
Behind-the-wheel lessons, conditions. 13:340.45
Bond requirements. 13:340.13
Branch location. 13:340.20
Business license, 13:440.02
-Disciplinary guidelines, 13:440.04
Completion certificates. 13:342.04
-Minors. 13:340.27
Critical item truck inspection certificate, 13:340.30
Curriculum, 13:342.00
-Approval by department, 13:342.02
-Monitoring by department, 13:342.03
Examinations following student license application,
13:344.20
Fees, student drivers' licenses, 13:344.28
Going out of business, surrender of student drivers'
licenses. 13:344.30
Hearing, disapproval to issue student licenses,
13:344.34
Instructors
-Continuing professional education, 13:342.05
-Licensing, 13:340.00, 13:340.10
-Transfer to another school, 13:340.00
Licensing, 13:340.00
-Applications, 13:340.10
-Equipment inspection certificate, prerequisite to
issuance or renewal, 13:340.30
Minors
-Certificates of completion, 13:340.27
-Courses for, approval, 13:340.25
Notice
-Change in hours, 13:340.20
-Disapproval to issue student licenses, 13:344.34
Passenger vehicles, inspection certificate, 13:340.30
Place of business, 13:340.20
Provisional licenses
See Student drivers' licenses, this heading
Recordkeeping requirements
-Student drivers' licenses, 13:344.30, 13:344.32
Signs, 13:340.20
Student drivers' licenses
-Application, 13:344.16
— Records, maintenance, 13:344.32
— Verification of name and birthdate, 13:344.18
-Authorization to issue, 13:344.12
—Removal, 13:344.34
-Cancellation, 13:344.26
-Disapproval to issue, 13:344.34
-Examinations, 13:344.20
-Fees, 13:344.28
-Issuance, 13:344.24, 13:344.30, 13:344.32
-Purchase, 13:344.28
-Records, 13:344.30, 13:344.32
-Refusal to issue, grounds, 13:344.22
-Transfer to different driving school not permitted,
13:344.14
Teachers
See Instructors, this heading
DRIVING SCHOOLS
See DRIVER TRAINING SCHOOLS
DRIVING UNDER THE INFLUENCE PROGRAM
Ignition interlock devices, 13:125.00-13:125.22
See also IGNITION INTERLOCK DEVICES
Notice of completion certificates
-First conviction, certificates required, 13:120.04
-Lost or stolen certificates, 13:120.02
-Provider purchasing and using, 13:120.00
Proof of enrollment certificates, acquisition and use
of, 13:120.01
Reissuance of drivers' license following completion
of program, 13:124.93
Termination of suspension or revocation request,
13:124.92
DRUG ABUSE AND ADDICTION
Driving under the influence program
See DRIVING UNDER THE INFLUENCE PRO-
GRAM
Student drivers' license, grounds for refusal,
13:344.22
DRUNK DRIVERS
See DRIVING UNDER THE INFLUENCE PRO-
GRAM
DRUNK DmVERS-continued
Ignition interlock devices
See IGNITION INTERLOCK DEVICES
DUMP TRUCKS
Equipment, 13:1251
DYNAMITE
Labeling and packaging, standards. 13:1161.2
Transporting
See generally HAZARDOUS MATERIALS.
TRANSPORTATION
E
EDUCATION
Drivers
See DRIVER TRAINING SCHOOLS
Traffic violators, schools for
See TRAFFIC VIOLATORS SCHOOLS
ELECTRIC VEHICLES
See MOTOR VEHICLES
ELECTRONIC FUNDS TRANSFERS (EFTs)
Motor Vehicles Department business partners,
13:225.30
EMERGENCY VEHICLES, 13:1120-13:1124
See also AMBULANCES
Brake adjustment certificate, prerequisite to permit,
13:1 121
Definitions
-Sirens, 13:1021
-Warning lamps, 13:81 1
Inspection report, prerequisite to permit, 13:1121
Maintenance, 13:1122
Permits, 13:1121, 13:1124
Seat belts, 13:1122
Sirens, 13:1020-13:1029, 13:1122
-Definitions, 13:1021
-Identification markings, 13:1023
-Installation requirements, 13:1029
-Performance requirements, 13:1028
-Tests
—Data, 13:1022
— Instrumentation, 13:1024
— Personnel stations, 13:1026
— Procedures, 13:1027
—Sites, 13:1025
Warning lamps, 13:800-13:818, 13:1122
-Classifications, 13:812
-Color requirements, 13:816
-Definitions, 13:811
-Durability tests, 13:815
-Flashers, 13:800-13:804
— Definition, 13:811
-Flash rate, 13:813
-Mechanical test requirements, 13:814
-Multiple light sources, 13:813
-Operation, when permitted, 13:1123
-Photometric tests, 13:817
-Scope of rules, 13:810
-Temperature tests, 13:815
-Types, 13:818
-Voltage, 13:813
EMISSION CONTROL SYSTEMS
Failure of equipment, 13:2166-13:2174
-After-treatment devices, recall and corrective
action, 13:2169
-Applicability, 13:2166
-Approval of corrective action plan, 13:2172.2
-Certificate of repair, 13:2172.5
-Communications to repair personnel, copies to
Executive Officer, 13:2172.7
-Deadline extensions, 13:2172.9
-Definitions, 13:2166.1
-Emission warranty information reports,
13:2167-13:2168
-Implementation of corrective action plan,
13:2172.2
-Notification of manufacturer by Executive Officer,
13:2172
EMISSION CONTROL SYSJEMS-continued
Failure of equipmerW-contimied
-Notification of owners by manufacturer, 13:2172.3
-Onboard diagnostic systems
— Vehicles with, recall and corrective action,
13:2170
— Vehicles without, recall and corrective action,
13:2171
-Penalties, 13:2173
-Preliminary tests, 13:2172.6
-Public hearings, 13:2174
-Records and reports, 13:2172.8
-Repair label, 13:2172.4
-Scope of rules, 13:2166
-Submission of recall or corrective action plan by
manufacturer, 13:2172.1
-Waiver of requirements, 13:2166
Warranty, 13:2035-13:2046
-Applicability
— 1979-1989 models, 13:2036
—1990 models and later, 13:2037, 13:2038
-Catalyst defects, 13:2046
-Claims procedure, 13:2038
-Cost limits on warranted parts for 1991 vehicles,
13:2037
-Dealership's responsibilities, 13:2036-13:2038
-Defects warranty requirements, 13:2037
-Definitions, 13:2035
-Exclusions, 13:2041
-General emissions warranty coverage, 13:2036,
13:2037
-Inspection program, 13:2036, 13:2037, 13:2039
-Instructions provided to owner, 13:2037
-Manufacturer's duties, 13:2037
-Mediation of disputes, 13:2041
-Off-road engines
— Compression-ignition engines, 13:2425, 13:2426
— Large spark-ignition engines, 13:2436
-Parts repaired or replaced under warranty,
13:2036-13:2038
-Period of warranty, 13:2036
—Defined, 13:2035
-Statement, 13:2039
-Vehicle owner's duties, 13:2039, 13:2040
EMISSIONS
See EXHAUST EMISSION STANDARDS AND
TESTS
ENGINES, INTERNAL COMBUSTION
Motor vehicles, exhaust system, 13:1261
Off-road engines
See OFF-ROAD VEHICLES
Portable engines
See PORTABLE ENGINES AND EQUIPMENT
Spark-ignition marine engines, exhaust emissions,
13:2440-13:2448
ENVIRONMENTAL LICENSE PLATES
See LICENSE PLATES
ENVIRONMENTAL PROTECTION
Air resources board
See AIR RESOURCES BOARD
Exhaust emissions
See EXHAUST EMISSION STANDARDS AND
TESTS; EXHAUST SYSTEMS
EQUIPMENT AND TOOLS
Ambulances
See AMBULANCES
ETHANOL
Motor vehicle fuel
-Documentation provided with delivery to retail
outlets, 13:2273.5
-Specifications
— Denatured ethanol, blend component, 13:2262.9
— E-85 fuel ethanol, 13:2292.4
— E-100 fuel ethanol, 13:2292.3
ETHICS
Conflict of interest
See CONFLICT OF INTEREST
EVALUATIONS
I See INSPECTIONS
TITLE 13 INDEX
EXHAUST EMISSION STANDARDS AND TESTS
7
EVIDENCE
New Motor Vehicle Board
-Depositions, 13:551.6
-Hearings, 13:561, 13:580
EXCAVATION
Exhaust emissions, compression-ignition engines,
13:2420-13:2427
EXEMPTIONS
Fuel containers and spouts, portable, 13:2467.3
-Innovative products, 13:2467.4
EXHAUST EMISSION STANDARDS AND
TESTS, 13:1900-13:2500
Accreditation of pollution control devices, used
vehicles, 13:2001-13:2010
Add-on parts, pollution control devices, 13:2222,
13:2224
Aftermarket parts, pollution control devices,
13:2220-13:2225
Aggressive urban operation, supplemental test pro-
cedures, 13:1960.1
Air conditioning systems
-Chlorofluorocarbon phase-out, 13:2500
-Supplemental test procedures, a/c-on calibration,
13:1960.1
Air resources board to supply test procedures,
13:1902
Alcohol-fueled vehicles, 13:1976
-Refueling emissions, 13:1978
Approval of pollution control devices, new vehi-
cles, 13:1950-13:1977
Assembly-line test procedures
-Inspection testing, 13:2106
-1983 and subsequent years, 13:2061
-1988 and subsequent years, 13:2062
-Quality-audit testing, 13:2107
-Surveillance testing, 13:2150
Auxiliary gasoline fuel tanks, criteria, 13:2009
Buses
See BUSES
Certificates of compliance, exemptions,
13:2163-13:2165
Certification and service documents, 1993 and sub-
sequent years, 13:1977
Classification of vehicles, 13:1901
Compliance testing and inspection
-Manufacturer demonstrating, 13:2147
-New vehicles, 13:2101
— Remedial plan to bring vehicles into compliance,
13:2110
Conversion to use other fuels
-Alcohol or alcohol/gasoline fuel, conversion to,
13:2031
-Liquefied petroleum gas, conversion to, 13:2030
-Natural gas, conversion to, 13:2030
Crankcase emissions, 13:1975
Definitions, 13:1900
-Off-road large spark-ignition engines, 13:2431
-Recalls, in-use vehicles, 13:2112
Diesel engines
See DIESEL ENGINE EMISSIONS
Electric powered vehicle charging requirements,
13:1962.1
Emission control systems
See EMISSION CONTROL SYSTEMS
Enforcement, 13:2100-13:2110, 13:2225
-Assembly-line test procedures, 13:2106, 13:2107
-Executive officer's orders, effect of failure to
comply with, 13:2108
-In-use vehicles, test procedures, 13:2136-13:2140
-New vehicles
— Compliance testing and inspection, 13:2101
—Recalls, 13:2109
-Purpose of rules, 13:2100-13:2100.6
Engine manufacturer diagnostic systems,
heavy-duty engines, 2007 and subsequent
model years, 13:1971
Executive officer's orders, effect of failure to com-
ply with, 13:2108
Exemptions for fuels used in test procedures,
13:2259
Failure of emission-related components, reporting,
13:2141-13:2149
Fleet averages, non-methane organic gas, 13:1960.1
EXHAUST EMISSION STANDARDS AND
TESTS-continued
Fuel evaporative emissions, 13:1976
Greenhouse gas emissions, 2009 and subsequent
years, passenger cars, light-duty trucks, and
medium-duty vehicles, 13:1961.1
Heavy-duty engines and vehicles
-Civil penalties, 13:2185
-Correction, demonstration of, 13:2186
-Diesel -powered
See DIESEL ENGINE EMISSIONS
-Failure of inspection, civil penalties. 13:2185
-Gasoline-powered
--Applicability of standards, 13:2180
— Definitions, 13:2180.1
— Driver and inspector responsibilities during
inspection, 13:2181
— Emission control components subject to inspec-
tion. 13:2183
— Engine manufacturer diagnostic systems, 2007
and subsequent model years, 13:1971
— New vehicles
1972 model year, 13:1952
1973-1978 model years, 13:1956
1981-1986 model years, 13:1956.7
— 1982 and subsequent years
Enforcement test procedures, in-use vehicles,
13:2136-13:2140
Failure of emission-related component, report-
ing, 13:2141-13:2149
Influenced recalls, in-use vehicles, 13:2149
Ordered recalls, in-use vehicles,
13:2122-13:2135, 13:2149
Recalls, in-use vehicles, 13:2111-13:2121
Voluntary recalls, in-use vehicles, 13:2149
— Smoke emissions testing, 13:2180-13:2189
-Hearing request, 13:2188
-New vehicles
—1972 model year, 13:1952
—1973-1978 model years, 13:1956
—1979 model year, 13:1956.5
—1980 model year, 13:1956.6
— 1985 and subsequent years, 13:1956.8
-Off-road compression-ignition engines,
13:2420-13:2427
— Defect investigation and report, 13:2425.1
— Definitions, 13:2421
— Emission control system warranty statement,
13:2426
— Labeling requirements, emission control,
13:2424
— Military vehicles, exemptions, 13:2420
— New engines, 13:2427
— Quality audit testing, 13:2427
— Warranty requirements, 13:2425, 13:2426
-Onboard diagnostic systems, 2010 and subsequent
years, 13:1971.1
-Recalls, 13:2111-13:2121
—Procedures, 13:2122-13:2135
-Refusal to submit to inspection, 13:2184
-Removal of vehicles from service, 13:2187
-Service information, 2007 and subsequent years,
13:1969
Highway exhaust emissions, light-duty vehicles,
13:2175
Hybrid-electric vehicles, 13:1976
-Refueling emissions, 13:1978
Labels
-1979 and subsequent years, 13:1965
-Off-road compression-ignition engines, 13:2424
-Off-road large spark-ignition engines, emission
control labels, 13:2434
-Repair label, 13:2116, 13:2128
Laboratories, licensing, 13:2048
Light-duty trucks
-Fuel evaporative emissions, 13:1976
-1983 and subsequent years
— Optional NOx standards, new vehicles,
13:1960.1.5
-1988 and subsequent years
— Malfunction and diagnostic systems, 13:1968
-1994 and subsequent years
— Malfunction and diagnostic systems, 13:1968.1
— Service information, 13:1969
EXHAUST EMISSION STANDARDS AND
TESTS-contimied
Light-duty trucks-continued
-2004 and subsequent years
— Malfunction and diagnostic systems. 13:1968.2,
13:1968.5
— New vehicles, 13:1961
-2009 and subsequent years, greenhouse gas emis-
sions, 13:1961.1
-Zero-emission standards, 2003 and subsequent
years, 13:1962
Light-duty vehicles
-Diesel-powered, certificates of compliance exemp-
tions, 13:2164
-Fuel evaporative emissions, 13:1976
-Highway exhaust emissions, 13:2175
— Exemptions, 13:2175.5
-Mandatory inspection exhaust emissions, 13:2176
-1955-1965 model years, termination of require-
ments, 13:2007.5
-1966-1970 model years, 13:2008
-1975 model year, new vehicles, 13:1955.5
-1977 model year, new vehicles, 13:1955.5
-1978 model year, new vehicles, 13:1955.5
-1979 model year, new vehicles, 13:1959.5
-1980 model year, new vehicles, 13:1960
-1981 thru 2006 model years, new vehicles,
13:1960.1
-1982 and subsequent years
— Enforcement test procedures, in-use vehicles,
13:2136-13:2140
— Failure of emission-related component, report-
ing, 13:2141-13:2149
— Ordered recalls, in-use vehicles, 13:2149
—Recalls, 13:2111-13:2121, 13:2122-13:2135,
13:2149
-1983 and subsequent years
— Assembly-line test procedures, 13:2061
— Federally certified vehicles, new vehicles,
13:1960.5
— Optional NOx standards, new vehicles,
13:1960.1.5
-1988 and subsequent years
— Assembly-line test procedures, 13:2062
— Malfunction and diagnostic systems, 13:1968
-1994 and subsequent years
— Malfunction and diagnostic systems, 13:1968.1
— Service information, 13:1969
-Refueling emissions, 13:1978
Liquefied petroleum gas-powered vehicles
-Fuel evaporative emissions, 13:1976
-Refueling emissions, 13:1978
Malfunction and diagnostic systems
-1994 and subsequent years, 13:1968.1
-2004 and subsequent years, 13:1968.2, 13:1968.5
Mandatory inspection exhaust emissions, 13:2176
Manufacturers, certification fees, 13:1990-13:1994
Marine engines, spark-ignition, 13:2440-13:2448
Medium-duty vehicles, 13:1959-13:1969
-Assembly-line test procedures, 13:2061, 13:2062
-Diesel-powered, certificates of compliance exemp-
tions, 13:2164
-Fuel evaporative emissions, 13:1976
-Mandatory inspection exhaust emissions, 13:2176
-1978 model year, new vehicles, 13:1959
-1979 model year, new vehicles, 13:1959.5
-1980 model year, new vehicles, 13:1960
-1981 and subsequent years, new vehicles,
13:1960.1
-1982 and subsequent years
— Enforcement test procedures, in-use vehicles,
13:2136-13:2140
— Failure of emission-related component, report-
ing, 13:2141-13:2149
—Recalls, 13:2111-13:2121, 13:2122-13:2135,
13:2149
-1983 and subsequent years
— Optional NOx standards, new vehicles,
13:1960.1.5
-1988 and subsequent years
— Malfunction and diagnostic systems, 13:1968
-1994 and subsequent years
— Malfunction and diagnostic systems, 13:1968.1
— Service information, 13:1969
EXHAUST EMISSION STANDARDS AND TESTS
CALIFORNIA CODE OF REGULATIONS
EXHAUST EMISSION STANDARDS AND
TESTS-continued
Medium-duty vehicles— continued
-Refueling emissions, 13:1978
-2004 and subsequent years
— Malfunction and diagnostic systems, 13:1968.2,
13:1968.5
— New vehicles, 13:1961
-2009 and subsequent years, greenhouse gas emis-
sions, 13:1961.1
-Zero-emission standards, 2003 and subsequent
years. 13:1962
Military tactical vehicles and equipment, exemp-
tions, 13:1905
Modified parts, pollution control devices, 13:2222,
13:2224
Modifier-certified vehicles
-New vehicles, 13:1964
-Used vehicles, 13:2047
Motorcycles
-Certificates of compliance
— Exemptions, 13:2163
— Methanol fuel experimental program partici-
pants, 13:2177
-Emission control system warranty,
13:2035-13:2046
-Fuel evaporative emissions, 13:1976
-1978 and subsequent years
—New vehicles, 13:1958
-1982 and subsequent years
— Enforcement test procedures, in-use vehicles,
13:2136-13:2140
— Failure of emission-related component, report-
ing, 13:2141-13:2149
—Recalls, 13:2111-13:2121, 13:2122-13:2135,
13:2149
New vehicles, approval of pollution control
devices, 13:1950-13:1977
Nongasoline and nondiesel vehicles, applicability,
13:1904
Non-methane organic gas fleet averages, 13:1960.1
Notice to manufacturer, failure of emission-related
component, 13:2123
Notice to vehicle or engine owners
-Ordered recalls, in-use vehicles, 13:2127
-Recalls, 13:2118, 13:2121, 13:2127
NOx standards
-Light-duty vehicles, used; 1966-1970, 13:2005
— Installation of devices, 13:2008
-1983 and subsequent years, new vehicles,
13:1960.1.5
Off-road vehicles
See OFF-ROAD VEHICLES
Passenger cars
-Diesel-powered, certificates of compliance exemp-
tions, 13:2164
-Fuel evaporative emissions, 13:1976, 13:1978
-1975 model year
— New vehicles, 13:1955.1
-1976 model year
— New vehicles, 13:1955.1
-1977 model year
—New vehicles, 13:1955.1
-1978 model year
—New vehicles, 13:1955.1
-1979 model year
— New vehicles, 13:1959.5
-1980 model year
— New vehicles. 13:1960
-1981 and subsequent years
—New vehicles, 13:1960.1
-1982 and subsequent years
— Enforcement test procedures, in-use vehicles,
13:2136-13:2140
— Failure of emission-related component, report-
ing, 13:2141-13:2149
—Recalls, 13:2111-13:2121, 13:2122-13:2135,
13:2149
-1983 and subsequent years
— Assembly-line test procedures, 13:2061
— Optional NOx standards, new vehicles,
13:1960.1.5
-1988 and subsequent years
— Assembly-line test procedures, 13:2062
EXHAUST EMISSION STANDARDS AND
TESTS-continued
Passenger cars-continued
-1988 and subsequent years-continued
— Malfunction and diagnostic systems, 13:1968
-1994 and subsequent years
— Malfunction and diagnostic systems, 13:1968.1
— Service information, 13:1969
-2004 and subsequent years
— Malfunction and diagnostic systems, 13:1968.2,
13:1968.5
— New vehicles, 13:1961
-2009 and subsequent years, greenhouse gas emis-
sions, 13:1961.1
-Zero-emission standards. 2003 and subsequent
years, 13:1962
Plans for emissions control devices, submission,
13:1903
Pollution control devices
-Accreditation, used vehicles, 13:2001-13:2010
-Add-on parts, 13:2222. 13:2224
-Aftermarket parts, 13:2220-13:2225
-Approval of, new vehicles, 13:1950-13:1977
-Prototype, evaluation. 13:2200-13:2207
-Small off-road engines, 13:2400-13:2409
Portable engines
See PORTABLE ENGINES AND EQUIPMENT
Proof of correction certificate
-Ordered recalls, in-use vehicles, 13:2129
-Recalls, 13:2117, 13:2129
Prototype pollution control devices, evaluation,
13:2200-13:2207
Recalls
-Approval, 13:2113
-Definitions, 13:2112
-Eligibility for repair, 13:21 15
-Initiation, 13:2113
-ln-use vehicles
— Failure of emission-related components,
13:2143, 13:2149
—Influenced recalls, 13:2111-13:2121, 13:2149
—Ordered recalls, 13:2122-13:2135, 13:2149
—Voluntary recalls, 13:2111-13:2121, 13:2149
-New vehicles, 13:2109
-Notice to vehicle or engine owners, 13:21 18
-Off-road large spark-ignition engines, 13:2439
-Other requirements not waived, 13:2120
-Plans, 13:2114
-Proof of correction certificate, 13:2117
-Recordkeeping and reporting requirements,
13:2119
-Repair labels, 13:2116
-Violations and penalties, 13:2121
Recordkeeping requirements
-Heavy-duty diesel-powered vehicles, periodic
smoke inspections, 13:2194
-Influenced recalls, in-use vehicles, 13:2119
-Ordered recalls, in-use vehicles, 13:2133
-Voluntary recalls, in-use vehicles, 13:2119
Refueling emissions, 13:1978
Remedial plan to bring vehicles into compliance,
13:2110
Replacement parts, pollution control devices,
13:2222, 13:2224
Reports
-Emissions information report, 13:2146
-Emission warranty information report, 13:2144
-Field information report, 13:2145
Service information
-Cars, light-duty trucks, and medium-duty vehicles,
1994 and subsequent years, 13:1969
-Heavy-duty engines, 2007 and subsequent years,
13:1969
Smog index labels
-1979 and subsequent years, 13:1965
Supplemental test procedures, a/c-on calibration,
13:1960.1
Surveillance testing, 13:2150-13:2153
-Assembly lines, 13:2150
-Costs, reimbursement, 13:2153
-New motor vehicle dealers, 13:2151
Trucks
-Heavy-duty
See Heavy-duty engines and vehicles, this head-
ing
EXHAUST EMISSION STANDARDS AND
TESTS-continued
Trucks-continued
-Light-duty
See Light-duty vehicles, this heading
Urban buses
-1985 and subsequent years, 13:1956.1
-Particulate matter control measures,
13:2023-13:2023.4
-Zero-emission requirements, 13:2023.3
Used vehicles
-Accreditation of pollution control devices,
13:2001-13:2010
-Nonmandatory devices, 1955 and subsequent
years, 13:2010
Warranties, emission control systems
See EMISSION CONTROL SYSTEMS
Zero emission parking decal, 13:158.00
Zero-emission standards
-Electric vehicle charging requirements, 13:1962.1
-Fuel evaporative emission tests, 13:1976
-2003 and subsequent years, 13:1962
EXHAUST SYSTEMS
See also EXHAUST EMISSION STANDARDS
AND TESTS
Buses
See BUSES
Certified systems
-Inspection and certification by muffler certifica-
tion stations, 13:608
-Installation, 13:613
-Sale, 13:612
-Specifications, 13:611
Emission control systems
See EMISSION CONTROL SYSTEMS
Motor carriers, 13:1261
Muffler certification stations
See MUFFLER CERTIFICATION STATIONS
Noise measurement, 13:1031-13:1036
-Definitions, 13:1031
-Instrumentation, 13:1032
—Calibration, 13:1033
-Measuring site, 13:1036
-Meter operation, 13:1035
-Training of personnel, 13:1034
Replacement systems, certification,
13:1050-13:1054
-Identification markings, 13:1054
-Procedures, 13:1052
-Retraction of certification, 13:1053
EXPLOSIVES
Labeling and packaging, standards, 13:1161.2
Transporting
See generally HAZARDOUS MATERIALS,
TRANSPORTATION
F
FAIRS
Motor vehicles, display at, 13:270.08
FALSE STATEMENTS
Ambulances
-Fraudulent billing practices, grounds for suspen-
sion or revocation of license, 13:1109
Driver's license, fraudulent application, 13:25.01
FARM LABOR VEHICLES
See also AGRICULTURE
Aisle space, 13:1268
Alien status and citizenship requirements for certi-
fication, 13:450.00-13:450.06
See also PERSONAL RESPONSIBILITY AND
WORK OPPORTUNITY RECONCILIA-
TION ACT
Braking systems, 13:1246
Broken glass, 13:1264
Defrosters, 13:1259
Doors, 13:1267
Drivers, 13:1203-13:1218
See also MOTOR CARRIERS, subheading: Driv-
ers, for general provisions
TITLE 13 INDEX
GASOLINE
FARM LABOR VEtUCLES-continued
Emergency exits, 13:1268, 13:1269
Entrances, 13:1267
Exhaust emissions
-Compression-ignition engines, 13:2420-13:2427
-Large spark-ignition engines, 13:2430-13:2439
Exhaust systems, 13:1261
Exits, 13:1267
-Emergency exits, 13:1268, 13:1269
Odometers, 13:1262
Passenger seats, 13:1270.3
Seats, T3:1270, 13:1270.3
Side windows as emergency exits, 13:1269
Speedometers, 13:1262
Tools, transporting, 13:1216
Ventilation, 13:1260
Windows, 13:1264
FARMS AND FARMING
Labor vehicles
See FARM LABOR VEHICLES
FEES
Ambulances, license to operate service, 13:1107
Boats and vessels, registration fee exemptions,
13:190.16-13:190.18
Drivers' licenses
-Student licenses, 13:344.28
-Suspension or revocation, reinstatement,
13:140.00
Driver training schools, student drivers' licenses,
13:344.28^
Exhaust emissions, certification of manufacturers,
13:1990-13:1994
Fleet owner inspection and maintenance stations,
licensing. 13:617
Hazardous materials transportation, license fees,
13:1160.4
Motor carrier inspections, 13:1231
Motor vehicle manufacturers, annual certification
fees, 13:1990-13:1994
Motor vehicle registration
See REGISTRATION OF VEHICLES
Motor Vehicles Department
-Delinquent parking violations, fees, 13:430.00
-Returned checks, fees, 13:422.01
Muffler certification station licenses, 13:603
New Motor Vehicle Board
-Filing fees, 13:553.40
-License fees paid to, 13:553
-Vehicle manufacturers and distributors,
13:553-13:553.75
Portable engines and equipment registration,
13:2461
Registration services, posting of, 13:330.30
Youth bus inspection fees, 13:1231
Zero emission parking decal, 13:158.00
FINANCIAL RESPONSIBILITY
Restricted licenses following accidents,
13:75.20-13:77.17
FINGERPRINTING
Motor Vehicle Department business partner appli-
cants, 13:225.06
Motor vehicle registration services, 13:330.06
Traffic violator school applicants, 13:345.72
FIRE EXTINGUISHERS
Ambulances, 13:1103
Hazardous material transporters, 13:1162.1
School buses, 13:1242
FIRE FIGHTERS
Driver licenses
-Citizenship and alien status requirements,
13:450.00-13:450.06
See also PERSONAL RESPONSIBILITY AND
WORK OPPORTUNITY RECONCILIA-
TION ACT
-Medical requirements for restricted licenses,
13:28.22
Drivers, hours of service, 13:1212
License plates, 13:174.00
FIRE FIGHTING VEHICLES
Motor vehicle registration exemptions, 13:157.00
FLAMMABLE LIQUIDS
See also HAZARDOUS MATERIALS, TRANS-
PORTATION
FLAMMABLE UQUltiS-cotitinued
Collapsible containers, prohibition, 13:1404
Tank drivers
-Driving time, maximum, 13:1212.5
-Flammable cryogenic liquids, training, 13:1 161.7
-Hours of service, 13:1212
FLARES
Liquid burning, prohibited in compressed
gas-fueled vehicles. 13:1242.5
FLEET OWNER INSPECTION AND MAINTE-
NANCE STATIONS, 13:615-13.619.1
Applicability of article, 13:615
Definitions, 13:615.1
Equipment, care of, 13:619
Fees for licenses, 13:617
Inspections, 13:616, 13:619.1
Licenses, 13:616-13:618
-Applications, 13:617
-Denial, suspension, or revocation, 13:618
-Qualifications, 13:616
Operation, prerequisites, 13:619
Personnel, 13:616, 13:618
Publications, maintenance, 13:616
Records, 13:616
Return of forms when unlicensed, 13:618
Vehicle inspection stickers, 13:618, 13:619
FOREIGN ORGANIZATIONS
License plates, 13:181.00
FORESTRY
Exhaust emissions, compression-ignition engines,
13:2420-13:2427
FORKLIFTS
Large spark-ignition engines, exhaust emissions
See OFF-ROAD VEHICLES
FORMS
Evidence of liability insurance, uniform insurance
card, 13:82.00
Voluntary accelerated light-duty vehicle retirement
enterprises
-Calculation of emissions reductions, 13:2611
Appx. D
-Emission-drive train related parts list, 13:2611
Appx. B
-Inspection checklist, 13:2611 Appx. A
-Quality control checklist, 13:2611 Appx. C
FRAUD
Ambulances, fraudulent billing practices, 13:1109
Drivers' licenses
-Disciplinary guidelines, 13:110.04
-Fraudulent application, 13:25.01
Identification card, fraudulent application, 13:25.01
FREIGHT
See generally MOTOR CARRIERS
FUELS, 13:930-13:936
Additives, 13:2200-13:2207
Alcohol or alcohol/gasoline fuels, conversion of
vehicle to, 13:2031
Alternative fuels
See ALTERNATIVE FUELS
Clean fuels program, 13:2300-13:2318
-Definitions, 13:2300
-Distributors, reporting requirements, 13:2314
-Energy equivalency of fuels, table, 13:2316
-Fleet operators of vehicles carrying designated
clean fuel, reporting requirements, 13:2313
-Maximum volumes of designated clean fuels,
determination, 13:2303
-Outlets
— Allocation of outlets among owner/lessors,
13:2307, 13:2308
— Designation of affected retail outlet own-
ers/lessors, 13:2306
— Equipping retail gasoline outlets, 13:2302
— Liability for compressed natural gas equipment
breakdowns, relief from, 13:2311
— Number required, 13:2304
— Reporting requirements, 13:2312
— Responsibilities of operators, 13:2310
— Responsibilities of owners/lessors, 13:2309
-Reporting requirements
FUELS-continued
Clean fuels program-continued
-Reporting requirements-continued
—Clean fuel outlets, 13:2312
— Distributors, 13:2314
— Fleet operators of vehicles carrying designated
clean fuel, 13:2313
— Notice by executive officer, 13:2311.5
-Substitute fuel, 13:2317
-Sunset provisions, 13:2318
-Trigger level projections, 13:2303.5
-Violations, 13:2315
Compressed natural gas fuel systems, 13:932,
13:934, 13:937
-National Fire Protection Association standard,
13:934.1
Containers and spouts, portable, 13:2467-13:2467.9
-Administrative requirements, 13:2467.5
-Applicability of provisions, 13:2467
-Definitions, 13:2467.1
-Enforcement, 13:2467.9
-Exemptions, 13:2467.3
-Innovative product exemptions, 13:2467.4
-Labeling requirements, 13:2467.5
-Performance standards, 13:2467.2
-Severability of provisions, 13:2467.8
-Test procedures, 13:2467.7
-Variances, 13:2467.6
Definitions, 13:931
Diesel fuel standards, 13:2281-13:2283
Ethanol
See ETHANOL
Exemptions, 13:937
Gasoline
See GASOLINE
Installation, 13:936
Liquefied natural gas fuel systems, 13:935, 13:937
-Grandfathered systems, 13:935.1
Liquefied petroleum gas fuel systems,
13:933-13:933.1, 13:937, 13:2030
Methanol
See METHANOL
Natural gas fuel systems, conversion of vehicle to,
13:2030
Pollution control, 13:2250-13:2297
Prototype additives, evaluation, 13:2200-13:2207
Reference publications, 13:932
G
GAMES
On capitol grounds, 13:1869
GAS
Compressed
See COMPRESSED NATURAL GAS
Liquefied petroleum gas
See LIQUEFIED PETROLEUM GAS
GASES
Liquefied petroleum gas
See LIQUEFIED PETROLEUM GAS
Oxygen content in gasoline
See GASOLINE
GASOLINE
Additives
-Manganese, 13:2254
-Oxygen, 13:2258
-Required, 13:2257
Alternative formulations, 13:2266
-PM alternative specifications, 13:2265
Alternative fuels
See ALTERNATIVE FUELS
Alternative limits, 13:2264
Aromatic hydrocarbons, standards for CaRFG
Phase 2 and Phase 3, 13:2262.3
Benzene standards for CaRFG Phase 2 and Phase
3, 13:2262.3
California reformulated gasoline blendstock for
oxygen blending (CARBOB), 13:2266.5
10
GASOLINE
CALIFORNIA CODE OF REGULATIONS
GASOUNE-continued
California reformulated gasoline (CaRFG) Phase 2
and Phase 3 standards, 13:2261, 13:2262
Clean fuels program, 13:2300-13:2318
See also FUELS
Containers and spouts, portable, 13:2467-13:2467.9
-Administrative requirements, 13:2467.5
—Applicability of provisions, 13:2467
-Definitions, 13:2467.1
-Exemptions, 13:2467.3
-Innovative product exemptions, 13:2467.4
-Labeling requirements. 13:2467.5
-Performance standards, 13:2467.2
-Severability of provisions, 13:2467.8
-Test procedures, 13:2467.7
-Variances, 13:2467.6
Denatured ethanol, blend component, 13:2262.9
Designated alternative limits, 13:2264
Dispensing facilities, MTBE labeling requirements,
13:2273
Downstream blending, 13:2266.5
Ethanol
-Denatured, blend component, 13:2262.9
-Documentation provided with delivery to retail
outlets, 13:2273.5
Exemptions from standards, 13:2259
-Small refiners, 13:2272
Lead content, 13:2253.4
Manganese additive content, 13:2254
MTBE
-Labeling requirements, 13:2273
-Prohibitions, beginning December 31, 2003,
13:2262.6
Multiple notification requirements, 13:2263.7
Olefins, standards for CaRFG Phase 2 and Phase 3,
13:2262.3
Oxygenate prohibitions, beginning December 31,
2003, 13:2262.6
Oxygen content, 13:2258, 13:2262.5
-California reformulated gasoline blendstock for
oxygen blending (CARBOB), 13:2266.5
-Downstream blending, 13:2266.5
PM alternative specifications, California predictive
model, 13:2265
Reformulated gasoline Phase 2 and Phase 3 stan-
dards, 13:2262-13:2262.4
-Small refiners, Phase 3 standards, 13:2272
Reid vapor pressure
-After January 1, 1992, and before March 1, 1996,
13:2251.5
-Automated vapor pressure test instruments,
13:2297
-CaRFG Phase 2 and Phase 3 compliance,
13:2262.4
-Test procedures, 13:2297
Sampling procedures, 13:2263, 13:2296
Standards, before 1996, 13:2250-13:2259
Standards, beginning March 1, 1996,
13:2260-13:2273
-Alternative formulations, 13:2266
-Applicability of regulations, 13:2261
-California predictive model, 13:2265
-California reformulated gasoline blendstock for
oxygen blending (CARBOB), 13:2266.5
-California reformulated gasoline (CaRFG) Phase 2
and Phase 3 standards, 13:2261
-Compliance plans, 13:2269
-Definitions, 13:2260
-Designated alternative limits, 13:2264
-Downstream blending, 13:2266.5
-Exemptions for test gasolines, 13:2267
-Import facilities, gasoline supplied by, election of
applicable limit, 13:2264.2
-Multiple notification requirements, 13:2263.7
-Oxygenate blenders, 13:2266.5
-Oxygen content, 13:2262.5
-Production facilities, gasoline supplied by, elec-
tion of applicable limit, 13:2264.2
-Prohibition of MTBE and oxygenates, beginning
December 31, 2003, 13:2262.6
-Recordkeeping, 13:2270
-Reformulated gasoline Phase 2 and Phase 3 stan-
dards, 13:2262-13:2262.4
— Phase 3 standards for small refiners, 13:2272
GASOUNE-continued
Standards, beginning March 1, 1996-continued
-Reid vapor pressure, 13:2262.4
-Testing. 13:2263. 13:2270
-Variances, 13:2271
-Violations, gasoline not yet sold, 13:2268
Sulfur content
-CaRFG Phase 2 and Phase 3 standards, 13:2262.3
-Gasoline represented as unleaded, sales before
April 1, 1996, 13:2252
T50 and T90 standards for CaRFG Phase 2 and
Phase 3, 13:2262.3
Testing
-Compliance with standards, beeinning March 1,
1996, 13:2263, 13:2270
-Exemptions for test gasolines, 13:2267
Unleaded
-Manganese content, 13:2254
-Sulfur content, before April 1, 1996, 13:2252
Unsaturation, degree; before April 1, 1996,
13:2250
Variance from standards beginning March 1, 1996,
13:2271
Violations of standards beginning March 1, 1996;
gasoline not yet sold, 13:2268
GENERATORS
Pollution control devices, engines under 25 horse-
power, 13:2400-13:2409
GO-KARTS
Exhaust emissions standards and test procedures,
13:2410-13:2414
GOLF CARTS
Aftermarket parts, 13:2470-13:2476
Exemption from exhaust emissions standards and
test procedures, 13:2410-13:2414
Pollution control devices, engines under 25 horse-
power, 13:2400-13:2409
GRADE CROSSINGS
School buses going over, procedure, 13:1228
GREENHOUSE GASES
Exhaust emission standards and tests, passenger
cars, light-duty trucks, and medium-duty vehi-
cles, 2009 and subsequent years, 13:1961.1
H
HANDICAPPED PERSONS
Deaf persons, drivers' license suspension or revo-
cation hearings, 13:115.03
Drivers' license hearings, accommodation of dis-
ability, 13:115.03
School buses, signage requirements, 13:1256.5
Wheelchair lifts
See WHEELCHAIR LIFTS
HAZARDOUS MATERIALS, TRANSPORTA-
TION, 13:1150-13:1194
Accidents
-Driver's duties, 13:1167
-Reporting, 13:1166
Alternate methods of compliance, 13:1160.4
Anhydrous ammonia, exemption, 13:1160.1
Applicability, 13:1160
Breathing apparatus, when exempt, 13:1160.1
Bulk packaged liquid and gas, inhalation hazards,
13:1157-13:1157.20
Cargo tanks
-Federal regulations, applicability, 13:1202.1,
13:1202.2
-Use, 13:1163
Carriers
See also Drivers, this heading
-Definitions, 13:1160.3
-Placards, providing, 13:1162
-Training requirements, 13:1161.7
Certification by shippers, 13:1161.1
Classification, 13:1160.5
Combustible liquids, when exempt, 13:1160.1
HAZARDOUS MATERIALS, TRANSPORTA-
TION-conf; nited
Damaged vehicles, 13:1230
Definitions, 13:1160.3
Delivery of shipment, 13:1167
Description, 13:1160.5
Detours, 13:1150.4
Drivers
-Agricultural materials, medical requirements for
drivers' license endorsement, 13:28.20
-Daily report, condition of vehicle. 13:1215
-Flammable cryogenic liquids, training. 13:1161.7
-Hours on duty, 13:1212
— Automatic onboard recording device, 13:1213.2
—Record, 13:1213
—Violations, effect, 13:1213.1
-Inspection of vehicles, duties, 13:1215
-Proficiency, 13:1229
-Records, 13:1213, 13:1234
—Hours on duty, 13:1213.1, 13:1234
Emergency response information, 13:1161.6
Emergency warning devices for vehicles, 13:1162.1
Exemptions, 13:1160.1
-Special federal exemptions, 13:1160.4
Federal regulations, applicability, 13:1 166,
13:1167, 13:1202.1, 13:1202.2
-U.S. Department of Transportation regulations,
13:1160.2
Fees, licenses, 13:1160.4
Fire extinguishers for vehicles, 13:1162.1
Forbidden materials, 13:1163.1
Freight containers
-Marking packages, 13:1161.3
-Placards, 13:1162
Identification of vehicles, 13:1256
Incidentally transported materials, applicability of
sections, 13:1160.1
Incidents, reporting, 13:1166
Inhalation hazards, 13:1157-13:1157.20
Inspection of vehicles, 13:1160.4
-Driver's duties, 13:1215
-Records, 13:1234
Inspection stops
-Access to, 13:1150.2
-Defined, 13:1150.1
-En route inspection stops, 13:1150.3
-Maps, 13:1151-13:1159
—Inhalation hazards, 13:1157.2-13:1157.20
Labels, 13:1161.2
Licenses, 13:1160.4
Liquefied petroleum gas, applicability of sections,
13:1160.1
Liquid and gas, bulk packaged; inhalation hazards,
13:1157-13:1157.20
Loading of vehicles, 13:1164
Maps, 13:1151-13:1159
-Inhalation hazards, 13:1157.2-13:1157.20
-Radioactive materials, highway route controlled
quantity shipments, 13:1159
Marking packages, 13:1161.3
ORM-D commodities, applicability of sections,
13:1160.1
Out-of-service vehicles, 13:1230
Packaging, 13:1163
-Labels, 13:1161.2
-Marking, 13:1161.3
-Placards, 13:1162
-Securing of packages, 13:1164
Parking places, 13:1152.8
Placards for vehicles, freight containers, and pack-
aging, 13:1162
Preparation of shipments, 13:1163
Private carriers, defined, 13:1160.3
Prohibitions, 13:1163.1, 13:1216
-Unauthorized transportation, 13:1160.4
Radioactive materials, highway route controlled
quantity shipments, 13:1158-13:1159
Records, 13:1234
-Drivers, hours on duty, 13:1213, 13:1213.1,
13:1234
Reporting requirements
-Accidents and incidents, 13:1166
-Vehicle condition, driver's daily report, 13:1215
Routes, 13:1150-13:1159
TITLE 13 INDEX
INTERSTATE COMMERCE
HAZARDOUS MATERIALS, TRANSPORTA-
T\ON-continued
Routes-continued
-Inhalation hazards, 13:1157-13:1157.20
-Radioactive materials, highway route controlled
quantity shipments, 13:1158-13:1159
Sate parking places, 13:1152.8
-Defined, 13:1150.1
Safe stopping places
-Access to, 13:1150.2
-Defined, 13:1150.1
-Maps, 13:1151-13:1159
— Inhalation hazards, 13:1157.2-13:1157.20
-Products and services at, recommendations not
inferred, 13:1150.5
-Radioactive materials, 13:1158.2
Safety equipment for vehicles, 13:1162.1
Shippers
-Applicability of sections, 13:1160.1
-Certification, 13:1161.1
-Definitions, 13:1160.3
-Placards, providing, 13:1162
-Training requirements, 13:1161.7
Shipping papers
-Compliance with federal regulations, 13:1161
-Emergency response information, 13:1161.6
-Exemption, 13:1160.1
-Retention. 13:1161
Special permits and exemptions issued by federal
government, 13:1160.4
Spills, reporting, 13:1166
Traffic paint applicator systems, exemption,
13:1160.1
Underground storage tanks, exemption, 13:1160.1
Unsafe condition of vehicles, 13:1230
Unsafe transportation prohibited, 13:1160.4
U.S. Department of Transportation regulations,
applicability, 13:1160.2
HAZARDOUS WASTE TRANSPORTERS
Agricultural waste, citizenship and alien status
requirements, 13:450.00-13:450.06
See also PERSONAL RESPONSIBILITY AND
WORK OPPORTUNITY RECONCILIA-
TION ACT
HEADLAMPS
See LIGHTS
HEARING IMPAIRED PERSONS
Accommodation of at drivers' license suspension
or revocation hearings, 13:115.03
HEAVY-DUTY VEHICLES
Exhaust emissions
See EXHAUST EMISSION STANDARDS AND
TESTS
HELMETS
Federally regulated equipment, vehicle code
requirements, 13:980-13:982
HIGHWAY PATROL DEPARTMENT,
13:601-13:1869
Computer crime, reporting by state agencies,
13:1875
Conflict of interest code, 13:1800, 13:1800 Appx.
Motor carriers
-Exemptions, 13:1202
-Inspection, 13:1202
-Property certificate of compliance, 13:1202
-Scope of rules, 13:1200
Muffler certification stations
See MUFFLER CERTIFICATION STATIONS
School buses, applicability of regulations, 13:1202
Use of state property, 13:1850-13:1869
HIGHWAYS AND ROADS
Hazardous materials, transportation
See HAZARDOUS MATERIALS, TRANSPOR-
TATION
Weight restrictions, motor carriers, 13:1217
HOUSE TRAILERS
See MOBILE HOMES
HOUSING
Commercial coaches, federal regulations,
13:1202.1, 13:1202.2
HOUSttiG-conlinited
Mobile homes
See MOBILE HOMES
Recreational vehicles
See RECREATIONAL VEHICLES
HYDROCARBONS
Gasoline standards for CaRFG Phase 2 and Phase
3. 13:2262.3
Off-road compression-ignition engine emissions,
13:2423
HYDROGEN
Motor vehicle fuel, specifications, 13:2292.7
IDENTIFICATION CARDS
Armored cars, 13:1 112
Motor Vehicles Department issuing,
13:15.00-13:25.01
-Application, fraudulent, 13:25.01
-Citizenship status
— Documentation requirements, 13:15.00
— Issuance, terms of, 13:15.03
-Denial, appeal hearing, 13:15.05
-Identification elements required, 13:20.06
-Mutilated, defined, 13:20.06
-Reduced fee cards, 13:15.07
-True full name, 13:15.06
— Identification documentation required, 13:20.04
Social security number verification, 13:15.04
IGNITION INTERLOCK DEVICES,
13:125.00-13:125.22
Authorized installers, 13:125.10
-Locations, 13:125.14
-Records. 13:125.14
Certification
-Application, 13:125.02
-Fee, 13:125.02
-Notice of, 13:125.02
-Refusal, suspension, or revocation, 13:125.08
Definitions, 13:125.00
Modification, 13:125.04
Notice
-Certification, 13:125.02
-Employers of participants who must drive com-
pany vehicles, 13:125.22
-Noncompliance, 13:125.18
-Removal, 13:125.20
Recordkeeping by installer, 13:125.14
Referral by court to authorized installer, 13:125.10
Regulatory changes, compliance, 13:125.06
Removal. 13:125.20
Service and maintenance, 13:125.12
Testing, 13:125.02
Verification of installation, 13:125.16
IMMIGRANTS
Drivers' licenses and identification cards, issuance,
13:15.00-13:15.06
Motor vehicle license, permit, and certification
restrictions, 13:450.00-13:450.06
INCOMPETENT PERSONS
Student drivers' license, grounds for refusal,
13:344.22
INCORPORATION BY REFERENCE
Commercial Vehicle Safety Alliance North Ameri-
can Standard Out-of-Service Criteria, 13:1239
Motor carriers, cargo securement, 13:1300
INFORMATION
See ACCESS TO INFORMATION; RECORD-
KEEPING REQUIREMENTS; REPORTING
REQUIREMENTS
INMATES, CRIMINAL
Transportation of prisoners, driver records, 13:1213
INSPECTIONS
Ambulances, 13:1100.6
INSPECTIONS-CO/?///?^
Armored cars, 13:1 1 12
Emergency vehicles, report, 13:1121
Emission control system warranty, 13:2036,
13:2037
Fleet owner inspection and maintenance stations
See FLEET OWNER INSPECTION AND MAIN-
TENANCE STATIONS
Hazardous materials, transporting
See HAZARDOUS MATERIALS, TRANSPOR-
TATION
Liquefied petroleum gas tanks
See LIQUEFIED PETROLEUM GAS
Motor carriers, 13:1202
Muffler certification stations
See MUFFLER CERTIFICATION STATIONS
Pollution control devices on small off-road engines
-Evaporative emission requirements, 13:2769
INSURANCE
Accidents; notice that policy or bond not in effect
at time of, 13:75.20
Cards, evidence of liability insurance, 13:82.00
Certificates of self-insurance, 13:80.00-13:80.90
-Application form, 13:80.50
-Cancellation, grounds, 13:80.90
-Claims and losses statement, 13:80.65
-Definitions, 13:80.00
-Financial information in addition to financial
statement, 13:80.65
-Financial statement, 13:80.55
—Net worth, 13:80.60
— Renewal requirements, 13:80.75
— Updating, when required, 13:80.70
-Motor carriers of property, 13:221.00-13:221.12
-Number of vehicles required, 13:80.25
-Qualifications, 13:80.25
-Renewal requirements, 13:80.75
Definitions
-Financial responsibility, evidence of, 13:85.00
-Self-insurance, 13:80.00
Driver training schools, 13:340.15
Evidence of liability insurance, uniform insurance
card, 13:82.00
Financial responsibility
-Accidents
— Notice by insurer, policy or bond not in effect at
time of accident, 13:75.20
— Suspension of license following,
13:75.20-13:77.17
-Disciplinary guidelines, 13:110.04
-Evidence of, 13:85.00-13:85.08
— Alternative procedures to electronic insurance
reporting, 13:85.04
— Definitions, 13:85.00
— Reinstatement of registration, 13:85.06
— Reporting requirements of insurance companies,
13:85.08
— Suspension of registration for false evidence,
13:85.02
-Motor carriers of property, 13:220.06
-Restricted licenses, 13:75.20-13:77.17
Motor carriers' self-insurance, 13:221.00-13:221.12
Notice, policy or bond not in effect at time of acci-
dent, 13:75.20
Reporting, electronic, by insurance companies,
13:85.08
Self-insurance certificates
See Certificates of self-insurance, this heading
INTERNAL COMBUSTION ENGINES
Enclosed structures, use in, certification of exhaust
emission control devices, 13:2230, 13:2231
INTERNET
Hazardous materials transportation, U.S. Depart-
ment of Transportation regulations, 13:1160.2
INTERPRETERS
Drivers' license suspension or revocation hearings,
13:115.03
INTERSTATE COMMERCE
Motor carriers, federal regulations, applicability,
13:1202.1, 13:1202.2
12 INTERVENTION
CALIFORNIA CODE OF REGULATIONS
INTERVENTION
New Motor Vehicle Board proceedings, 13:551.13
INTOXICATION
Driving under the influence program
See DRIVING UNDER THE INFLUENCE PRO-
GRAM
Student drivers' license, grounds for refusal,
13:344.22
INVESTIGATIONS
Compression-ignition engines, off-road, defects,
13:2425.1 "
Motor Vehicles Department business partners,
13:225.66
Traffic schools for violators, instructor background
checks, 13:345.68
INVOICES
Factory invoice, defined, 13:255.01
K
KEROSENE
Containers and spouts, portable, 13:2467-13:2467.9
-Administrative requirements, 13:2467.5
-Applicability of provisions, 13:2467
-Definitions, 13:2467.1
-Enforcement, 13:2467.9
-Exemptions, 13:2467.3
-Innovative product exemptions, 13:2467.4
-Labeling requirements, 13:2467.5
-Performance standards, 13:2467.2
-Severability of provisions, 13:2467.8
-Test procedures, 13:2467.7
-Variances, 13:2467.6
LABELING AND PACKAGING
Emission control equipment repair label, 13:2172.4
Fuel containers and spouts, portable, 13:2467.5
Gasoline dispensing equipment, MTBE labeling
requirements, 13:2273
Hazardous materials, transporting
See HAZARDOUS MATERIALS, TRANSPOR-
TATION, subheading: Packaging
Liquids in collapsible containers, 13:1401
Pollution and emissions
-Diesel engine exhaust, in-use control systems,
13:2706
-Exhaust emission standards and tests
See EXHAUST EMISSION STANDARDS AND
TESTS
-Lawn and yard equipment, 13:2404
-Off-road vehicles and engines
— Large spark-ignition engines, 13:2434
Retrofit emission control systems, 13:2786
— Recreational vehicles, 13:2413
— Small engines, 13:2404
Evaporative emission requirements, 13:2759
-Spark-ignition marine engine exhaust emissions,
13:2443.1-13:2443.3
LABORATORIES
Motor vehicle emissions testing, licensing, 13:2048
LAMPS
Motor vehicle
See LIGHTS
LAW ENFORCEMENT PERSONNEL
Vehicles for traffic law enforcement, color,
13:1140, 13:1141
LAWN AND YARD EQUIPMENT
Exhaust emissions standards and test procedures,
13:2410-13:2414
Pollution control devices, 13:2400-13:2407
LAWN AND YARD EQlilPMENT-continued
Pollution control devices-continued
-Applicability of regulations, 13:2400
-Compliance testing, 13:2407
-Defect reporting requirements, 13:2405.1
-Definitions, 13:2401
-Emission control labels, 13:2404
-Emission reduction credits, 13:2408-13:2409
-Evaporative emission requirements,
13:2750-13:2773
— Applicability, 13:2751
— Approved components, 13:2767.1
— Certification, 13:2753
Appeals, 13:2771
Averaging and banking, 13:2754.1
Denial, suspension, or revocation. 13:2770
— Compliance testing, 13:2765
— Defect reporting requirements. 13:2761
— Defects warranties, 13:2760
—Definitions, 13:2752
— Exemptions, 13:2766
— Fuel cap performance standards, 13:2756
— Innovative products, 13:2767
— Inspections, 13:2769
— Labeling of equipment and components, 13:2759
— Optional performance standards, 13:2757
—Penalties, 13:2772
— Performance and design standards. 13:2754
--Permeation rate, 13:2755
— Purpose of rules, 13:2750
--Recalls, 13:2762-13:2763
— Severability of provisions, 13:2773
— Test procedures, 13:2758
— Validation studies, 13:2754.2
— Variances, 13:2768
— Warranty statement, 13:2764
-Exhaust emission standards and test procedures,
13:2403
-Military vehicles, exemptions, 13:2400
-Ordered recalls, 13:2405.3
-Test procedures, 13:2402
-Voluntary recalls, 13:2405.2
-Warranties, 13:2405, 13:2406
LEAD
Gasoline, lead content, 13:2253.4
LICENSE PLATES
Applications
-Environmental plates, 13:170.00
-Special interest plates, 13:160.00
Decorative, size specifications, 13:150.02
Disabled person plates and placards,
13:182.00-13:182.02
Environmental license plates, 13:170.00-13:170.12
-Application requirements, 13:170.00
-Cancellation of, 13:170.12
-Delivery of, 13:170.08
-Gift, receipt of plates as, 13:170.04
-Leased vehicles, 13:170.02
-Retention of, 13:170.10
-Surrender of current plates, 13:170.06
Facsimile, size specifications, 13:150.02
Fees, special interest plates, 13:160.00
Fire fighter license plates, 13:174.00
Foreign organization license plates
-Taipei Economic and Cultural Office (TECO),
13:181.00
Legion of valor license plates
-Additional sets, 13:173.06
-Application requirements, 13:173.00
-Eligibility, 13:173.02
Personalized license plates
See Environmental license plates, this heading
Press photographer license plates,
13:172.00-13:172.10
-Application, 13:172.05
-Definitions, 13:172.00
-One vehicle limitation, 13:172.10
Prisoner of war license plates, 13:171.00-13:171.04
-Additional sets, 13:171.02
-Eligibility requirements, 13:171.00
-Surrender of, 13:171.04
Purple heart license plates
-Additional sets, 13:173.06
LICENSE PlATES-continued
Purple heart license p\ales-continued
-Application requirements, 13:173.00
-Eligibility, 13:173.04
-Surrender of, 13:173.08
Size specifications, facsimile or decorative plates,
13:150.02
Special plates, 13:170.00-13:180.02
Taipei Economic and Cultural Office (TECO), spe-
cial plates, 13:181.00
Universities and colleges, regular series plates on
state-owned vehicles. 13:180.00-13:180.02
LICENSING
Aliens
-Drivers' licenses and identification cards, issu-
ance, 13:15.00-13:15.06
-Motor vehicle license, permit, and certification
restrictions, 1 3 :450.00- 1 3 :450.06
Ambulance services, 13:1107
Armored cars, 13:1 111
Automobile license plates
See LICENSE PLATES
Business licenses
See MOTOR VEHICLES
Drivers
See DRIVERS' LICENSES
Driver training schools and instructors
Sec DRIVER TRAINING SCHOOLS
Hazardous materials, transportation, 13:1160.4
Motor vehicle emissions testing laboratories,
13:2048
Motor vehicle registration services,
13:330.00-13:330.22
Muffler certification stations
See MUFFLER CERTIFICATION STATIONS
Occupational licenses
See MOTOR VEHICLES
School bus contractor's licenses, 13:1130
Student drivers' licenses
See DRIVERS' LICENSES
Traffic violators
See TRAFFIC VIOLATORS SCHOOLS
LIGHT-DUTY VEHICLES
See MOTOR VEHICLES
Exhaust emission
See EXHAUST EMISSION STANDARDS AND
TESTS
LIGHTS
Aftermarket lighting devices
-Definitions, 13:623
-Housing markings, 13:635
-Mounting, 13:686
-Orientation markings, 13:637
Aimable roadlighting devices, setting, 13:672
Aiming of beams, 13:670-13:682
-Adjustment test, 13:661
-Auxiliary driving, fog, and passing lamps, 13:713
Bulbs, 13:642
-Operating conditions, 13:653
-Sockets, 13:643
Candela requirements, 13:655
Clearance lamps, mounting, 13:688
Color correction of photometer, 13:652
Color requirements, 13:656
Construction, 13:640-13:648
Cornering lamps, 13:720-13:722
-Aiming of beams, 13:673
-Mechanical test requirements, 13:721
-Mounting, 13:689
-Photometric test requirements, 13:722
Corrosion test, 13:662
Dark filters, 13:647
Deceleration lamps, 13:730-13:736
-Deceleration performance, 13:732
-Durability tests, 13:735
-Mechanical test requirements, 13:733
-Mounting, 13:690
-Operating requirements, 13:731
-Photometric tests, 13:736
-Temperature tests, 13:734
Definitions, 13:623
-Reflex reflectors, 13:761
-Replacement lenses, 13:766
TITLE 13 INDEX
MANUFACTURERS 13
UGHTS-continued
Definitions-continued
-Reserve lighting and outage indicating systems,
13:771"
-Side-mounted turn signal lamps, 13:791
-Supplemental stoplamps and rear turn signal
lamps, 13:791
-Warning lamps, 13:811
Driving lamps, 13:7 10- 13:7 13
-Beams
— Amiability requirements, 13:713
— Aiming, 13:674
-Mechanical test requirements, 13:711
-Mounting, 13:690.5
-Photometric test requirements, 13:712
Durability tests
-Deceleration lamps, 13:735
-Warning lamps, 13:815
Dust test, 13:663
Emergency vehicles
-Warning lamps
See EMERGENCY VEHICLES
Federally regulated equipment, 13:621
Fog lamps, 13:710-13:713
-Beams
— Aimability requirements, 13:713
— Aiming, 13:675
-Mechanical test requirements, 13:711
-Mounting, 13:691
-Photometric test requirements, 13:712
Fog taillamps, 13:740-13:743
-Mechanical test, 13:742
-Photometric requirements, 13:743
Gaskets, construction, 13:640
Headlamps
-Double filament, aiming of beams, 13:677
-Motorcycles, 13:678, 13:692
-Motor-driven cycle headlamps, aiming of beams,
13:679
-Mounting, 13:692
-Single filament, aiming of beams, 13:676
-Voltage requirements for alternate circuits, 13:773
Highway Patrol Department, equipment regulated
by, 13:622
Identification markings, 13:630-13:637
-Aftermarket lighting device, housing markings,
13:635
-Lens, on, 13:633
-Model designation, 13:632
-Original equipment housing markings, 13:636
-Permanent markings, 13:630
-Sealed optical unit markings, 13:634
-Size, 13:631
Installation, 13:685
-Replacement lenses, instructions, 13:769
Interior lamps, motor carriers, 13:1263
Lenses
-Markings, 13:633
-Recession test, 13:664
-Replacement lenses, 13:765-13:769
— Definitions, 13:766
— Installation instructions, 13:769
— Mechanical tests, 13:767
— Photometric requirements, 13:768
-Rotation and displacement, 13:646
Mechanical tests, 13:660-13:682
-Auxiliary driving, fog, and passing lamps, 13:711
-Cornering lamps, 13:721
-Deceleration lamps, 13:733
-Fog taillamps, 13:742
-Replacement lenses, 13:767
-Running lamps, 13:782
-Side-mounted turn signal lamps, 13:793
-Warning lamps, 13:814
Moisture test, 13:665
Motor carriers, interior lamps, 13:1263
Motorcycle headlamps, 13:678, 13:692
Mounting requirements, 13:685-13:700
Optical parts, plastic materials, 13:647
Optic indexing, 13:641
Orientation markings, 13:637
Original equipment lighting devices
-Definitions, 13:623
-Identification markings, 13:636
UGHYS-continued
Original equipment lighting devices-continued
-Mounting, 13:687
-Mounting for photometric tests, 13:657
Out-of- focus tests, 13:654
Passing lamps, 13:710-13:713
-Beams
— Aimability requirements, 13:713
—Aiming, 13:680
-Mechanical test requirements, 13:711
-Mounting, 13:693
-Testing, 13:712
Photometric requirements, 13:650-13:657
-Cornering lamps, 13:722
-Deceleration lamps, 13:736
-Driving lamps, 13:712
-Fog taillamps, 13:743
-Replacement lenses, 13:768
-Running lamps, 13:783
-Side-mounted turn signal lamps, 13:794
-Test distance for photometer, 13:651
-Warning lamps, 13:817
Plastic materials, 13:647
Publications, 13:624
Reflex reflectors, 13:760-13:762
-Definitions, 13:761
-Mounting, 13:687
-Orientation markings, 13:637
-Test requirements, 13:762
Reserve lighting and outage indicating systems,
13:770-13:777
-Alternate circuits, 13:773
— Voltage requirements, 13:774
-Definitions, 13:771
-Installation requirements, 13:777
-Operating requirements, 13:773
-Operating unit, 13:772
-Outage indicators, 13:772
-Temperature test requirements, 13:776
-Vibration test requirements, 13:775
Running lamps, 13:780-13:783
-Mechanical test requirements, 13:782
-Minimum size, 13:781
-Mounting, 13:694
-Photometric requirements, 13:783
School buses
See SCHOOL BUSES
Scope of subchapter, 13:620
Sealed optical units
-Definitions, 13:623
-Housing, 13:648
— Aiming adjustment tests, 13:661
-Identification markings, 13:634
-Orientation markings, 13:637
Semisealed optical units
-Definitions, 13:623
-Housing, 13:648
— Aiming adjustment tests, 13:661
-Orientation markings, 13:637
Sidemarker lamps, mounting, 13:688
Side-mounted turn signal lamps, 13:790-13:794
-Definitions, 13:791
-Mechanical tests, 13:793
-Mounting, 13:697
-Photometric requirements, 13:794
Stoplamps
-Outage, effect on reserve lighting and outage indi-
cating systems, 13:773
Substitution of materials, 13:647
Supplemental signal lamps, 13:790-13:794
-Definitions, 13:791
-Mechanical tests, 13:793
-Mounting, 13:698
-Photometric requirements, 13:794
Taillamps
-Outage, effect on reserve lighting and outage indi-
cating systems, 13:773
-Voltage requirements for alternate circuits, 13:773
Temperature tests
-Deceleration lamps, 13:734
-Reserve lighting and outage indicating systems,
13:776
-Warning lamps, 13:815
Test data, 13:625
See also specific subject, this heading
LlGWTS-contimied
Towed vehicles, turn signal lamps, 13:699
Translucent housings, 13:644
Turn signal lamps, 13:699
Vibration tests, 13:666, 13:775
Warning lamps, 13:700
-Emergency vehicles
See EMERGENCY VEHICLES
-School buses
See SCHOOL BUSES, subheading: Lights
Warpage test, 13:667
LIQUEFIED PETROLEUM GAS
Fuel systems, 13:933-13:933.1
-Conversion of vehicle to, 13:2030
-Evaporative emissions, 13:1976
-Exemptions from regulatory requirements, 13:937
-Refueling emissions, 13:1978
-Specifications, 13:2292.6
Transportation of hazardous materials, applicability
of provisions, 13:1160.1
LIQUID HAZARDOUS MATERIALS
Transporting
See generally HAZARDOUS MATERIALS,
TRANSPORTATION
LIQUIDS
Transportation and securement of liquids in col-
lapsible containers
See MOTOR CARRIERS
LITIGATION
Appeals
See APPEALS
Motor vehicle distributors or manufacturers, dis-
putes
See NEW MOTOR VEHICLE BOARD
LOADING OPERATIONS
See MOTOR CARRIERS
LOCOMOTIVES
Exhaust emissions standards and test procedures
-Large spark-ignition engines, 13:2430-13:2439
LOGGING AND SAWMILLS
Exhaust emissions, compression-ignition engines,
13:2420-13:2427
LOW SPEED MOTOR VEHICLES
Disclosures to buyers, 13:272.04
LPG
See LIQUEFIED PETROLEUM GAS
LSVs, 13:272.04
M
MANGANESE
Gasoline, unleaded, 13:2254
MANUFACTURED HOUSING
Commercial coaches, federal regulations,
13:1202.1, 13:1202.2
Mobile homes
See MOBILE HOMES
Recreational vehicles
See RECREATIONAL VEHICLES
MANUFACTURERS
Bond requirements for remanufacturers, 13:285.06
Books and records, 13:290.02
Business license, 13:252.10-13:252.30, 13:440.02
-Disciplinary guidelines, 13:440.04
-Revocation or suspension following proceeding
before New Motor Vehicle Board, 13:562
Certification for emission control system warranty,
13:2035-13:2046
Clean air act annual certification fees,
13:1990-13:1994
Disputes, proceedings
See NEW MOTOR VEHICLE BOARD
Emission control systems
See EMISSION CONTROL SYSTEMS
MANUFACTURERS
CALIFORNIA CODE OF REGULATIONS
MANUFACTURERS-continuo/
Fee paid to New Motor Vehicle Board,
13:553-13:553.75
-Amount. 13:553.70
-Delinquent payment, 13:553.71
-Determination of annual board fee, 13:553.20
-Liability, 13:553.50
-Mailing fee, effect on timeliness, 13:553.72
-Noncompliance, effect, 13:553.75
-Presumption of sales figures if statement inaccu-
rate or untimely, 13:553.60
-Statement of number of vehicles distributed,
13:553.10
Hearings
-Emissions control standards
— Recalls, 13:2109
— Remedial action to bring vehicles into compli-
ance with, 13:2110, 13:2124
License
See Business license, this heading
Notice
-Exhaust emissions enforcement testing, evaluation
results, 13:2149
-Failure of emission-related part
— Enforcement test procedures, 13:2140
—Ordered recall, 13:2123
-Fee assessment, 13:553.70
Penalties for violations, 13:314.00
-Recalls, 13:2121, 13:2134
Place of business, 13:290.00
Price, 13:262.01
Recalls
See RECALLS
Records, 13:290.02
-Aftermarket parts, pollution control devices,
13:2221
-Recalls, 13:2119, 13:2133
Reimbursement of costs; exhaust emissions, sur-
veillance testing, 13:2153
Remanufacturers, surety bonds, 13:285.06
Reports
-Emissions information report, 13:2146
-Emission warranty information report, 13:2144
-Field information report, 13:2145
-Influenced recalls, in-use vehicles, 13:2119
-New Motor Vehicle Board, to, 13:553.50
-Ordered recalls, in-use vehicles, 13:2133
-Voluntary recalls, in-use vehicles, 13:2119
Violations, penalties
See Penalties for violations, this heading
MAPS
Ambulances to be equipped with, 13:1103
Hazardous materials highway routes,
13:1151-13:1159
-Inhalation hazards, 13:1157.2-13:1157.20
MARINE PROPULSION ENGINES
Exhaust emissions standards and test procedures
-Large spark-ignition engines, 13:2430-13:2439
MEDIATION AND MEDIATORS
Motor vehicle emission control system warranty,
13:2041
New Motor Vehicle Board, informal mediation,
13:551.14-13:551.17
MEDIUM-DUTY VEHICLES
Exhaust emission
See EXHAUST EMISSION STANDARDS AND
TESTS
MENTALLY ILL PERSONS
Student drivers' license, grounds for refusal,
13:344.22
METHANOL
Motor vehicle fuel, specifications
-M-85 fuel methanol, 13:2292.2
-M-100 fuel methanol, 13:2292.1
METHYL TERT BUTYL ETHER (MTBE)
Gasoline containing
-Labeling of dispensing equipment, 13:2273
-Prohibitions, beginning December 31, 2003,
13:2262.6
MILITARY SERVICE
Diesel fuel vehicles, exemptions, 13:2285
MILITARY SERV\CE-contimted
Vehicles and equipment exhaust emissions
-Exemption from standards and tests, 13:1905
— Compression-ignition engines, 13:2420
-Off-road vehicles and engines, pollution control
devices, exemptions, 13:2400
-Portable engines and equipment, 13:2450-13:2465
MINES AND MINING
Exhaust emissions, compression-ignition engines,
13:2420-13:2427
MINORS
See CHILDREN
MISREPRESENTATION
Ambulances
-Fraudulent billing practices, grounds for suspen-
sion or revocation of license. 13:1 109
Driver's license, fraudulent application, 13:25.01
MOBILE HOMES
Commercial coaches, federal regulations,
13:1202.1, 13:1202.2
Recreational vehicles
See RECREATIONAL VEHICLES
Tires, loads, 13:1085
MONITORING
Spark-ignition marine engines, malfunction detec-
tion system, 13:2444.2
MOTOR CARRIERS, 13:1200-13:1293
Air tanks, 13:1252
Animals, transporting, 13:1216
Batteries, storage, 13:1248
Braking systems, 13:1245
Cargo securement standards, 13:1300
-Liquids in collapsible containers, 13:1400-13:1405
Certificate of compliance required, carriers of prop-
erty, 13:1202
Change of address, 13:1233.5
Changes to vehicles in service on 3-1-65, 13:1241
Circuits, wiring, 13:1249
Citizenship and alien status requirements, public
paratransit vehicle certificates,
13:450.00-13:450.06
Commercial Vehicle Safety Alliance North Ameri-
can Standard Out-of-Service Criteria, adoption
of, 13:1239
Compressed gas fuel systems, 13:1254
Conspicuity systems, 13:1270.5
Damaged vehicles, 13:1230
Definitions, 13:1201
-Conspicuity systems, 13:1270.5
-Permits, 13:220.00
Defrosters, 13:1259
Dogs, transporting, 13:1216
Doors, 13:1267
-Emergency doors, 13:1268
-Emergency exits, 13:1217
Drivers, 13:1203-13:1229
-Communication between driver and sleeper berth
occupant, 13:1265
-Daily report, condition of vehicle, 13:1215
-Definitions, 13:1201
-Fatigue, illness, or other impairment, 13:1214
-Hours on duty, 13:1212
— Automatic onboard recording device, 13:1212,
13:1213, 13:1213.2
--Record, 13:1213
—Violation, effect, 13:1213.1
-Inspection of vehicle, duties, 13:1215
-Maximum driving time, 13:1212.5
-Out-of-service, placement on, 13:1213.1
-Proficiency, 13:1229
-Records, 13:1234
— Hours on duty, 13:1213
Automatic onboard recording device, 13:1212,
13:1213, 13:1213.2
Failure to maintain, 13:1213.1
100 air-mile radius drivers, 13:1212
-Rest periods, 13:1212
-Seat, 13:1270
-Sleeper berths and hours of service, 13:1212
-Vehicle condition, report, 13:1215
Drive shaft guards, 13:1266
MOTOR CARRlERS-continued
Dump body vehicle equipment, 13:1251
Emergency exits, 13:1217, 13:1268
-Side windows as, 13:1269
Emission control system warranty,
13:2035-13:2046
Employee annual report, 13:220.10
Entrances, 13:1267
Equipment, 13:1240-13:1270.5
Exemptions, 13:1202
Exhaust systems, 13:1261
Exits, 13:1267
-Emergency exits, 13:1268
— Side windows as, 13:1269
Federal regulations, applicability, 13:1202.1,
13:1202.2, 13:1240
Fees for inspections, 13:1231
Fire extinguishers, 13:1242
First aid kits, 13:1243
Fueling, 13:1218
Fuel tanks, 13:1255
Hazardous materials, transporting
See HAZARDOUS MATERIALS, TRANSPOR-
TATION
Heaters, 13:1259
Identification, 13:1255, 13:1256
Identification numbers, 13:1235.1-13:1235.6
-Application for, 13:1235.1
-Assignment, 13:1235.3
-Nontransferability, 13:1235.4
-Records of Department, 13:1235.2
— Reconciliation, 13:1235.6
—Retention, 13:1235.5
-Required information, 13:1235.3
Idling restrictions, 13:2485
Inspections, 13:1202
-Approval certificate, 13:1231
-Driver's duties, 13:1215
-Fees, 13:1231
-Periodic preventive maintenance inspection,
13:1232
-Records, 13:1234
Insurance
-Proof of financial responsibility, 13:220.06
-Self-insurance, 13:221.00-13:221.12
See also Self-insurance, this heading
Interior lamps, 13:1263
Lighting, interior, 13:1217
Liquefied gas fuel systems, 13:1254
Liquid burning flares, fusees, oil lanterns; use
restrictions, 13:1242.5
Liquid fuel supply tanks and systems, 13:1253
Liquids in collapsible containers, securing,
13:1400-13:1405
-Alternate standards, 13:1405
-Flammable liquids, prohibition, 13:1404
-Identification of containers, 13:1401
-Restraints, 13:1403
-Retest and repair of containers, 13:1402
-Scope of rules, 13:1400
Loads
-Liquids in collapsible containers, 13:1400-13:1405
-Securement standards, 13:1300
Mirrors, 13:1257
Notice, 13:1233.5
-Safety compliance rating, 13:1233
Out-of-service vehicles, 13:1230
-Commercial Vehicle Safety Alliance North Amer-
ican Standard Out-of-Service Criteria,
13:1239
Owner-operators, permits, 13:220.12
Passengers
-Compartments, 13:1264
-Emergency exits, 13:1217
-Hazardous materials carried by, prohibition,
13:1216
-No smoking signs, 13:1256
-Seat, 13:1270
-Signaling devices, 13:1264
-Transportation of, 13:1217
Permits, motor carriers of property,
13:220.00-13:220.20, 13:1202
-Application, 13:220.02
-Certificate required, 13:1202
TITLE 13 INDEX
MOTOR VEHICLES
15
MOTOR CARRlERS-continued
Permits, motor carriers of property-continued
-Citizenship and alien status requirements,
13:450.00-13:450.06
See also PERSONAL RESPONSIBILITY AND
WORK OPPORTUNITY RECONCILIA-
TION ACT
-Employees, annual report, 13:220.10
-Expiration, 13:220.04
-Financial responsibility, 13:220.06
-Owner-operators, 13:220.12
-Reinstatement fee, 13:220.14
-Renewal, 13:220.04
-Seasonal permits, 13:220.20
-Verification of vehicles used, 13:220.08
-Voluntary withdrawal, 13:220.18
-Workers' compensation, 13:220.16
Preventive maintenance, 13:1232
Public paratransit vehicle certificates
-Citizenship and alien status requirements
See also PERSONAL RESPONSIBILITY AND
WORK OPPORTUNITY RECONCILIA-
TION ACT
Recordkeeping requirements, 13:1234
Records
-Identification numbers, records of Department,
13:1235.2
— Reconciliation, 13:1235.6
— Retention by Department, 13:1235.5
Repairs, driver not to make, 13:1215
Reporting requirements, 13:202.10, 13:1234
-Vehicle condition, 13:1215
Rims, 13:1244
Safety, 13:1200-13:1293
-Compliance rating, 13:1233
Scope of rules, 13:1200
Seasonal permits, 13:220.20
Seating capacity, 13:1217
Seats, 13:1270
Self-insurance, 13:221.00-13:221.12
-Application, 13:221.02
-Assignment of funds, 13:221.04
-Cancellation of certificate, 13:221.08
-Disbursement of funds covered by assignment,
13:221.10
-Issuance of certificate, 13:221.06
-Qualifications, 13:221.00
-Termination of, 13:221.12
Side windows as emergency exits, 13:1269
Signage requirements, 13:1256
Signaling devices for passengers, 13:1264
Sleeper berths, 13:1265
Standing passengers, 13:1217
Storage batteries, 13:1248
Tanks
-Air tanks, 13:1252
-Fuel tanks, 13:1255
-Liquid fuel supply tanks and systems, 13:1253
Temporarily assigned vehicles, records, 13:1234
Tires, 13:1244
Towing
-Equipment, 13:1247
-Other vehicles, 13:1235
Tow truck driver clearances, citizenship and alien
status requirements, 13:450.00-13:450.06
See also PERSONAL RESPONSIBILITY AND
WORK OPPORTUNITY RECONCILIA-
TION ACT
Transportation of passengers, 13:1217
Transport refrigeration units, diesel-powered, air-
borne toxic control measures, 13:2477
Unsafe condition of vehicles, 13:1230
Vehicle list, 13:220.08
Ventilation, 13:1260
Weight restrictions, 13:1217
Wheelchair lifts
See WHEELCHAIR LIFTS
Wheelchairs, transporting, 13:1216
Wheels, 13:1244
Windows as emergency exits, 13:1269
Wiring, 13:1249
Workers' compensation, permit requirements,
13:220.16
MOTORCYCLES
Dealer bond requirements, 13:268.12
Exhaust emissions standards and test procedures
-Certificates of compliance, 13:2163, 13:2177
-Emission control system warranty,
13:2035-13:2046
-Fuel evaporative emissions. 13:1976
-1978 and subsequent years
— New vehicles. 13:1958
-1982 and subsequent years
— Enforcement test procedures, in-use vehicles,
13:2136-13:2140
— Failure of emission-related component, report-
ing, 13:2141-13:2149
—Recalls. 13:2111-13:2121, 13:2122-13:2135,
13:2149
-Off-road motorcycles, 13:2410-13:2414
— Large spark-ignition engines, 13:2430-13:2439
Headlamps, 13:678, 13:692
Helmets; federally regulated equipment, vehicle
code requirements, 13:980-13:982
Muffler certification stations, 13:607
See also MUFFLER CERTIFICATION STA-
TIONS
Off-road motorcycles
-Aftermarket parts, 13:2470-13:2476
-Exhaust emissions standards and test procedures,
13:2410-13:2414
— Large spark-ignition engines, 13:2430-13:2439
-Riding seasons, 13:2415
Sound measurement, new motorcycles, 13:1046
Tires, loads, 13:1085
MOTORIZED BICYCLES
Exhaust emissions standards and test procedures,
13:2410-13:2414
Helmets, 13:980-13:982
MOTOR VEHICLE BOARD, NEW
See NEW MOTOR VEHICLE BOARD
MOTOR VEHICLE REGISTRATION
See REGISTRATION OF VEHICLES
MOTOR VEHICLES, 13:1-13:2500
Accidents
See ACCIDENTS
Advertising
See ADVERTISING
Aftermarket parts, pollution control devices,
13:2220-13:2225
Airbrake safety valves, adjustment, 13:1062
Air compressor governors, adjustment, 13:1061
Air conditioning systems, phase -out of chloro-
fluorocarbons, 13:2500
Alcohol or alcohol/gasoline fuels, conversion of
vehicle to, 13:2031
Alternative fuels
See ALTERNATIVE FUELS
Armored cars
See ARMORED CARS
Brake equipment
See BRAKE EQUIPMENT
Buses
See MOTOR CARRIERS
Business licenses
-Applications, 13:252.20
-Change, notice to motor vehicles department,
13:252.30
-Definitions, 13:252.10
-Renewal, 13:253.02
Carriers
See MOTOR CARRIERS
CFC refrigerants, phase-out, 13:2500
Clean air vehicle stickers, 13:156.00
Clean fuels program
See FUELS
Commercial coaches, federal regulations,
13:1202.1, 13:1202.2
Commercial vehicles, regrooved tires, 13:1082,
13:1086
Crankcase emissions, 13:1975
Dealers
See DEALERS
Definitions
See DEFINITIONS
MOTOR VEWCLES-continued
Demonstrators
-Advertising, 13:260.02
-Defined, 13:255.02
Department
See MOTOR VEHICLES DEPARTMENT
Diesel engines
See DIESEL ENGINE EMISSIONS
Diesel fuel standards, 13:2281-13:2283
Disabled person placards and plates,
13:182.00-13:182.02
Dismantles
See DISMANTLERS
Distributors
See DISTRIBUTORS
Doctors, insigne, 13:970, 13:971
Drivers' licenses
See DRIVERS' LICENSES
Driver training schools
See DRIVER TRAINING SCHOOLS
Driving under the influence program
See DRIVING UNDER THE INFLUENCE PRO-
GRAM
Electric powered
-Charging requirements, 13:1962.1
-Hybrid-electric vehicles
— Fuel evaporative emissions, 13:1976
— Refueling emissions, 13:1978
-Low speed vehicles, disclosures to buyers,
13:272.04
Emergency vehicles
See EMERGENCY VEHICLES
Emission control system
See EMISSION CONTROL SYSTEMS
Engines
-Certification for emission control system war-
ranty, 13:2035-13:2046
-Defined, 13:150.01
Equipment and accessories, advertising, 13:260.05
Exhaust emission standards and test procedures
See EXHAUST EMISSION STANDARDS AND
TESTS
Exhaust systems
See EXHAUST SYSTEMS
Factory invoice, defined, 13:255.01
Fairs, display at, 13:270.08
Farm labor vehicles
See FARM LABOR VEHICLES
Federally regulated equipment, 13:980-13:984
Fill pipes, specifications, 13:2235
Fleet owner inspection and maintenance stations
See FLEET OWNER INSPECTION AND MAIN-
TENANCE STATIONS
Foreign organization license plates, 13:181.00
Fuels
See FUELS; GASOLINE
Fuel tank specifications, 13:2235
Gasoline
See GASOLINE
Hearings, emissions control standards, 13:212.04,
13:2109, 13:2110
Heavy-duty vehicles, emission standards
See DIESEL ENGINE EMISSIONS; EXHAUST
EMISSION STANDARDS AND TESTS
Helmets; federally regulated equipment, vehicle
code requirements, 13:980-13:982
Hybrid vehicles
See Electric powered, this heading
Identification cards for nondrivers
See IDENTIFICATION CARDS, subheading:
Motor Vehicles Department issuing
Ignition interlock devices
See IGNITION INTERLOCK DEVICES
Insigne for physicians, 13:970, 13:971
Inspections
-Emission control system warranty, 13:2036,
13:2037
-Exhaust emissions standards and test procedures,
13:1900-13:2500
Insurance
See INSURANCE
Labels
See LABELING AND PACKAGING
Lamps
See LIGHTS
16 MOTOR VEHICLES
CALIFORNIA CODE OF REGULATIONS
MOTOR VEHICLES-coHri/iMcrf
Lawn and garden equipment engines
See LAWN AND YARD EQUIPMENT
Leased vehicles, environmental license plates.
13:170.02
Lessor-retailer, business license,
13:252.10-13:252.30, 13:440.02
-Disciplinary guidelines, 13:440.04
License plates
See LICENSE PLATES
Licenses
-Business
See Business licenses, this heading
-Muffler certification stations
See MUFFLER CERTIFICATION STATIONS
-Occupational
See Occupational licenses, this heading
Lights
See LIGHTS
Liquefied petroleum gas
See LIQUEFIED PETROLEUM GAS
Load-controlled air pressure reducing systems,
operation, 13:1063, 13:1066
Low-emission vehicles, stickers, 13:156.00
Low speed vehicles (LSVs), disclosures to buyers,
13:272.04
Manufacturers
See MANUFACTURERS
Military tactical vehicles and equipment, exemption
from exhaust emissions standards and tests,
13:1905
Mobile homes
See MOBILE HOMES
Motor, defined, 13:150.01
Motorcycles
See MOTORCYCLES
Mufflers
See EXHAUST SYSTEMS
-Certification stations
See MUFFLER CERTIFICATION STATIONS
Natural gas fuels
See FUELS
New Motor Vehicle Board
See NEW MOTOR VEHICLE BOARD
New vehicles
-Exhaust systems, sound measurement,
13:1045-13:1047
Notice
See NOTICE
Occupational licenses
-Applications, 13:250.00, 13:250.02, 13:252.40
-Citizenship and alien status requirements.
13:450.00-13:450.06
See also PERSONAL RESPONSIBILITY AND
WORK OPPORTUNITY RECONCILIA-
TION ACT
-Definition, 13:440.02
-Disciplinary guidelines, 13:440.04
-Notice of suspension, 13:316.00
-Renewal, 13:253.02
Off-road vehicles
See OFF-ROAD VEHICLES
Passenger stage services, no smoking signs,
13:1256
Physicians, insigne, 13:970, 13:971
Pickup truck, defined, 13:150.04
Police, traffic law enforcement, coloration,
13:1140, 13:1141
Pollution control devices
See EXHAUST EMISSION STANDARDS AND
TESTS
Press photographer license plates
See LICENSE PLATES
Pressure controlled air pressure reducing systems,
operation, 13:1065, 13:1066
Price
-Dealer added charges, 13:262.03
-Distributor's price, 13:262.01
-Manufacturer's price, 13:262.01
Recalls
See RECALLS
Records
See RECORDKEEPING REQUIREMENTS
Recreational vehicles
See RECREATIONAL VEHICLES
MOTOR VEHICLES-coH//'m/«/
Registration
See REGISTRATION OF VEHICLES
Rental vehicles, advertising, 13:260.02
Reports
See REPORTING REQUIREMENTS
Returned vehicles, advertising, 13:260.07
Rims
-Definitions, 13:1081
-Matching rims and tires, 13:1085
-Scope of regulations, 13:1080
Safety belts
See SEAT BELTS
Salespersons
See DEALERS
Salvage vehicles, advertising, 13:260.02
School buses
See SCHOOL BUSES
School pupil activity buses
See SCHOOL PUPIL ACTIVITY BUSES
Seat belts
See SEAT BELTS
Seizure, hearing procedure, 13:212.04
Shopping malls, display at, 13:270.08
Sirens
See AMBULANCES; EMERGENCY VEHICLES
Snowmobiles
See SNOWMOBILES
Snow tires, 13:1085
Sound measurement, 13:1040-13:1047
See also SOUND MEASUREMENT
Special hazard vehicles, warning lamps
See EMERGENCY VEHICLES
Special vehicles
See AMBULANCES; EMERGENCY VEHICLES
Tests
-Data, federally regulated equipment, 13:981
-Emission control system corrective actions,
13:2172.6
-Exhaust emissions
See EXHAUST EMISSION STANDARDS AND
TESTS
-Sirens, 13:1022, 13:1024-13:1027
Tires
See TIRES
Total loss vehicles, registration fee refunds
See REGISTRATION OF VEHICLES, subhead-
ing: Fees
Towed vehicles, turn signal lamps, 13:699
Traffic law enforcement vehicles, coloration,
13:1140,13:1141
Traffic violators schools
See TRAFFIC VIOLATORS SCHOOLS
Transporters
See MOTOR CARRIERS; TRANSPORTERS
Universities and colleges, state
-State-owned vehicles, license plates,
13:180.00-13:180.02
Used vehicles
See USED VEHICLES
Verifiers, surety bond, 13:292.06
Voluntary accelerated light-duty vehicle retirement
enterprises, 13:2600-13:2610
Warranties, emission control system,
13:2035-13:2046
Wheelchair lifts
See WHEELCHAIR LIFTS
Wheel-controlled air pressure reducing systems,
operation, 13:1064, 13:1066
Wiring, 13:1249
Youth buses
See YOUTH BUSES
MOTOR VEHICLES DEPARTMENT
Administrative adjudication proceedings, 13:440.00
Administrative service fee
-Delinquent parking violations, 13:430.00
-Delinquent toll evasion notices. 13:431.00
-Returned checks, 13:422.01
-Vehicle Code book, 13:425.01
Aliens, license, permit, and certification restric-
tions, 13:450.00-13:450.06
See also PERSONAL RESPONSIBILITY AND
WORK OPPORTUNITY RECONCILIA-
TION ACT
MOTOR VEHICLES DEPARTMENT-co/ir/fiuo/
Alternative dispute resolution not permitted,
13:440.00
Appeals, drivers' license or identification card
denial. 13:15.05
Business partners, 13:225.00-13:225.72
-Applications, 13:225.03
—Grounds for refusal, 13:225.18
-Audits, 13:225.63
-Closing of site location, 13:225.72
-Contracts, 13:225.12
— Cancellation or termination, 13:225.69
-Criminal history information, 13:225.21
-Customer fees, 13:225.45
-Definitions, 13:225.00
-Electronic fund transfers, 13:225.30
-Financial security, 13:225.09
-Fingerprints, 13:225.06
-First-line service providers
—Change of, 13:225.36
—Responsibilities, 13:225.39
-Information security, 13:225.51
-Inventory control requirements, 13:225.54
-Investigations, 13:225.66
-Notice of business changes, 13:225.42
-Permits, 13:225.15
— Cancellation or termination, 13:225.69
-Renewal application, 13:225.35
-Retention of records, 13:225.60
-Security requirements, failure to meet, 13:225.24
-Transaction access, 13:225.27
-Transaction fees, 13:225.48
-Transaction procedures, 13:225.54
-Use and retention of information, 13:225.33
Citizenship and alien status requirements for bene-
fit eligibility, 13:450.00-13:450.06
See also PERSONAL RESPONSIBILITY AND
WORK OPPORTUNITY RECONCILIA-
TION ACT
-Appeals hearings, 13:450.06
-Benefits defined, 13:450.00
-Limitations on PRWORA benefits, 13:450.02
-Refusal, 13:450.04
-Temporary benefits, issuance, 13:450.04
Conflict of interest, 13:1
Declaratory decisions not permitted, 13:440.00
Definitions
-Business partner automation program, 13:225.00
Delinquent parking violations, fees, 13:430.00
Delinquent toll evasion notices, fees, 13:431.00
Hearings
-Citizenship and alien status eligibility appeals,
13:450.06
-Seizure of vehicle, 13:212.04
Identification cards, issuance
See IDENTIFICATION CARDS
Investigations, petitions filed with New Motor
Vehicle Board, 13:562
Licenses
See DRIVERS' LICENSES; LICENSE PLATES
Notice
-Business partners, changes, 13:225.42
Parking violations, delinquency fees, 13:430.00
Records
-Business partners, retention, 13:225.60
Registration
See REGISTRATION OF VEHICLES
Reports, investigation following petition filed with
New Motor Vehicle Board, 13:562
Returned checks, fees, 13:422.01
Seizure of vehicle, hearing, 13:212.04
Social security number verification, 13:15.04
Toll evasion fees, 13:431.00
Undocumented vessel registration agents,
13:190.30-13:190.38
-Agreement for appointment, 13:190.38
-Application for appointment, 13:190.32
-Authorization. 13:190.30
-Duties, 13:190.36
-Responsibilities, 13:190.34
Vehicle Code book, administrative fee, 13:425.01
MOVING COMPANIES
Permits, 13:220.00-13:221.20
TITLE 13 INDEX
OFF-ROAD VEHICLES
17
•
MUFFLER CERTIFICATION STATIONS,
13:601-13:608
Classes, 13:607
Definitions, 13:601
Equipment, 13:602, 13:604, 13:608
Exhaust systems, 13:608
Licenses, 13:603-13:605
Performance standards, 13:602
Personnel, 13:602, 13:605
Prices, posting, 13:604
Signs. 13:604, 13:606
Types of stations, 13:602
N
NATURAL GAS
Compressed
See COMPRESSED NATURAL GAS
NEW MOTOR VEHICLE BOARD, 13:550-13:599
Administrative law judges
-Assignment of, 13:551.12
-Disqualification of, 13:551.1
-Peremptory challenge of, 13:551.12
-Protests, hearings on, 13:590
-Settlement conferences, powers. 13:551.11
Appeals, 13:551, 13:566-13:577
-Administrative record, filing, 13:571
-Agreed statement, filing, 13:572
-Briefs, 13:573, 13:593.2
-Continuances, 13:572, 13:573, 13:575
-Costs, 13:577
-Deliberations, 13:581
-Dismissal, 13:551.8
-Drivers' license or identification card denial,
13:15.05
-Evidence, 13:580
-Filing fees, 13:553.40
-Form and content requirements, 13:593-13:598
-Hearing, notice, 13:574
-Notice of appeal, 13:566-13:570
— Affidavit supporting, 13:569
— Contents, 13:568
—Form, 13:567, 13:593-13:598
— Service upon motor vehicles department, 13:570
— Time for filing, 13:566
-Oral arguments, 13:576
-Peremptory challenge, 13:551.12
-Settlement conference, separation of powers,
13:551.11
-Witnesses, 13:580
Arbitration of disputes, 13:562
Briefs, form and content, 13:593.2
Conflict of interest, 13:599
Definitions, 13:550
-Papers, 13:593
Deliberations, 13:581, 13:588
Depositions, 13:551.6
Dismissal, 13:551.8, 13:562
Disqualification of hearing officer or board mem-
ber, 13:551.1
Evidence, 13:561, 13:580
Fees paid by vehicle manufacturers and distribu-
tors, 13:553-13:553.75
See also DISTRIBUTORS; MANUFACTURERS
Filings with
-Certified mail, 13:550.20
-Failure to file, 13:593.3
-Fees, 13:553.40
-Form and content of, 13:593-598
— Acceptance requirements, 13:598
— Approved forms, 13:593
—Briefs, 13:593.2
— Copy conformance requirements, 13:596
— First page format, 13:595
— Last page format, 13:597
—Notices, 13:593.1
— Size of paper and pagination requirements,
13:594
Hearings
NEW MOTOR VEHICLE BOARD-conft'i/ued
Hearings-continued
-Appeals, 13:574-13:582
-Failure to appear, 13:582. 13:589
-Form and content requirements, 13:593-13:598
-Petition, 13:561, 13:580-13:582
-Protests, 13:587-13:592
Informal mediation, 13:551.14-13:551.17
Intervention in pending proceedings, 13:551.13
Investigations, 13:562
License fees paid to, 13:553
Mediation, informal, 13:551.14-13:551.17
Mediation of disputes, 13:562
Notice
-Appeals, 13:566-13:570
-Form and content, 13:593.1
-Hearings, 13:574
-Proceedings, 13:557
-Protest, notice of appearance, 13:585.1
Papers, defined, 13:593
Petitions
-Answer, 13:558
-Briefs, 13:562, 13:593.2
-Contents, 13:555
-Continuances, 13:560
-Costs, 13:551.7
-Deliberations, 13:581
-Dismissal, 13:551.8, 13:562
-Evidence in support of, 13:561
-Extension of time, 13:560
-Filing, 13:554-13:564
—Fees, 13:553.40
-Form and content requirements, 13:556,
13:593-13:598
-Hearings, 13:561, 13:580-13:582
-Informal mediation, conversion to, 13:551.17
-Investigations, 13:562
-Notice of proceedings, 13:557
-Oral arguments, 13:561
-Peremptory challenge, 13:551.12
-Service on respondent, 13:555.1
-Settlement conference, separation of powers,
13:551.11
-Time extension requests, 13:565
-Witnesses, 13:580
Powers and duties, 13:551
Protests, 13:583-13:592
-Appearance, notice required, 13:585.1
-Contents, 13:585. 13:586
-Continuances, 13:592
-Deliberations, 13:588
-Dismissal, 13:551.8
-Exhibits, 13:586
-Filing fees, 13:553.40
-Form, 13:583
-Form and content requirements, 13:593-13:598
-Hearings, 13:587-13:592
— Continuances, 13:592
— Failure to appear, 13:589
—Notice, 13:585.1, 13:591
-Peremptory challenge, 13:551.12
-Preparation and delivery obligation, compensation
schedules, 13:586
-Service upon franchisor, 13:584
-Stipulation of fact, 13:587
-Time for filing, 13:585
-Warranty reimbursement schedules, 13:586
Records, 13:552
Reporting costs, 13:551.7
Settlement conferences, 13:551.11
Subpoenas, 13:551.2
Witnesses, 13:580
NEWSPAPERS
Photographers, motor vehicle license plates
See LICENSE PLATES, subheading: Press pho-
tographer license plates
NITROGEN DIOXIDE
Diesel engine exhaust
-In-use control strategies, limit and measurement,
13:2706
NITROGEN OXIDE EMISSIONS
Off-road compression-ignition engines, standards
and tests, 13:2423
NITROGEN OXIDE EMlSSlOUS-coniinued
Onboard diagnostic systems, heavy-duty engines,
2010 and subsequent years, 13:1971.1
Portable engines, 13:2456
NITROGEN OXIDES
Ocean-going vessel emissions, 13:2299.1
NOISE CONTROL
Diesel engine exhaust, in-use control strategies,
13:2706
Off-road large spark-ignition engines, retrofit emis-
sion control systems, 13:2786
NOISE MEASUREMENT
See also SOUND MEASUREMENT
Exhaust systems, 13:1031-13:1036
See also EXHAUST SYSTEMS
NOTICE
Accident, notice by insurer that policy or bond not
in effect, 13:75.20
Boat ownership change or loss of certificate of
number, 13:190.21
Driver training schools, change in hours, 13:340.20
Ignition interlock devices program
-Employers of participants who must drive com-
pany vehicles, 13:125.22
-Noncompliance. 13:125.18
-Removal, 13:125.20
Motor carriers
-Change of address, 13:1233.5
-Safety compliance rating, 13:1233
Motor vehicle manufacturers
-Exhaust emissions enforcement testing, evaluation
results, 13:2149
-Failure of emission-related part
— Enforcement test procedures, 13:2140
—Ordered recall, 13:2123, 13:2172
— Owners, notification of, 13:2172.3
-Fee assessment, 13:553.70
Motor vehicles
-Business license, change, 13:252.30
-Dealers, suspension, 13:316.00
-Seizure of vehicle, hearing, 13:212.04
New Motor Vehicle Board
-Appeals, 13:566-13:570
-Hearings, 13:574
-Proceedings, 13:557
-Protest, notice of appearance, 13:585.1
Portable engines and equipment, exhaust emission
standards and tests, 13:2459
School buses
-Change of address, 13:1233.5
-Contractor's license, corrections or changes,
13:1130
-Safety compliance rating, 13:1233
Traffic violator school, 13:345.54
o
OFF-ROAD VEHICLES
Aftermarket parts, 13:2470-13:2476
-Add-on parts, 1 3:2474
-Air pollution control and modification devices,
13:2472
-Applicability of provisions, 13:2470
-Catalytic converters, 13:2474
-Definitions, 13:2471
-Enforcement actions, 13:2476
-Modified parts, 13:2474
-Replacement parts, 13:2473
-Submission of records by manufacturer, 13:2475
-Testing and evaluation, 13:2475
Compression-ignition engines, exhaust emissions,
13 :2420- 13 :2427
Definitions
-Aftermarket parts, 13:2471
-Large spark-ignition engines, exhaust emissions,
13:2431, 13:2775
— Fleet requirements, 13:2775
— Retrofit emission control systems, 13:2781
OFF-ROAD VEHICLES
CALIFORNIA CODE OF REGULATIONS
OFF-ROAD VEHICLES-con/iHuetf
Definitions-continued
-Recalls, 13:2112
-Recreational vehicles and engines. 13:2411
Fuel containers and spouts, portable,
13:2467-13:2467.9
Large spark-ignition engines, exhaust emissions,
13:2430-13:2439
-Applicability of provisions, 13:2430
— Fleet requirements, 13:2775.2
-Compliance testing, 13:2437
-Defects warranties, 13:2435
-Definitions, 13:2431
— Fleet requirements, 13:2775
— Retrofit emission control systems, 13:2781
-Emission control system warranty statement,
13:2436
-Emission standards. 13:2433
— Fleet requirements, 13:2775.1
-Fleet requirements, 13:2775-2775.2
-In-use compliance program. 13:2438
-Labels, 13:2434
-Production line testing, 13:2437
-Recalls, 13:2439
-Retrofit emission control systems,
13:2780-13:2789
—Applicability, 13:2780
— Application for verification of system, 13:2782
— Calculation of emissions reduction, 13:2788
— Carbon monoxide limits, 13:2786
—Definitions, 13:2781
—Durability, 13:2784
— Field demonstrations, 13:2785
— Fuel and oil requirements, 13:2786
— In-use compliance requirements, 13:2789
— Labeling, 13:2786
— Maintenance of, 13:2786
— Manual, 13:2786
—Noise level, 13:2786
— Purpose, 13:2780
— Sampling ports, 13:2786
— Testing requirements, 13:2783-13:2784
In-use compliance requirements, 13:2789
—Warranties, 13:2787
-Test procedures, 13:2432
— Retrofit emission control systems,
13:2783-13:2784
In-use compliance requirements, 13:2789
Motorcycles
-Exhaust emissions, 13:2410-13:2415
-Riding seasons, 13:2415
Parts
See Aftermarket parts, this heading
Recreational vehicles and engines, exhaust emis-
sions, 13:2410-13:2414
-Applicability, 13:2410
-Definitions, 13:2411
-New vehicles, 13:2412-13:2414
Retrofit emission control systems, 13:2780-13:2789
Small engines, 13:2400-13:2409
OIL AND GAS
See also FUELS; GASOLINE
Compressed natural gas
See COMPRESSED NATURAL GAS
Drivers
-Oilfield operations, hours of service, 13:1212
Liquefied petroleum gas
See LIQUEFIED PETROLEUM GAS
Refineries, gasoline standards, beginning March 1,
1996
-CaRFG Phase 3 standards for small refiners,
13:2272
OLEFIN
Gasoline standards for CaRFG Phase 2 and Phase
3, 13:2262.3
OWNER-OPERATORS
Motor carriers, 13:220.12
OXYGEN
Gasoline, oxygen content
See GASOLINE
OXYGENATES
Gasoline containing
OXYGENATES-aw;//Hu«/
Gasoline containing-a>/7.///7M«/
-Prohibitions, beginning December 31, 2003,
13:2262.6
PACKAGING
Hazardous materials, transporting
See HAZARDOUS MATERIALS, TRANSPOR-
TATION
PARKING
Hazardous materials, safe parking places during
transportation, 13:1150.1, 13:1152.8
State property, permits, 13:1865
Violations, fees for delinquent, 13:430.00
Zero emission parking decal, 13:158.00
PARKS AND RECREATION
Off-highway vehicles
-Riding seasons, 13:2415
PASSENGERS
Motor carrier transportation requirements, 13:1217
PASSENGER STAGE SERVICES
No smoking signs, 13:1256
PATROL CARS
Vehicles for traffic law enforcement, coloration,
13:1140, 13:1141
PENALTIES
See also TRAFFIC VIOLATORS SCHOOLS
Pollution control devices on small off-road engines
-Evaporative emission violations, 13:2772
Portable engines and equipment, exhaust emission
violations, 13:2465
Traffic violators schools, 13:345.02-13:345.90
PERIODICALS
Press photographer license plates
See LICENSE PLATES
PERMITS
Motor carriers of property, 13:220.00-13:220.20
-Application, 13:220.02
-Citizenship and alien status requirements,
13:450.00-13:450.06
See also PERSONAL RESPONSIBILITY AND
WORK OPPORTUNITY RECONCILIA-
TION ACT
-Expiration, 13:220.04
-Renewal, 13:220.04
-Voluntary withdrawal, 13:220.18
Motor Vehicles Department business partners,
13:225.15
-Cancellation or termination, 13:225.69
State property, use, 13:1855
-Denial or cancellation, 13:1856
PERSONAL RESPONSIBILITY AND WORK
OPPORTUNITY RECONCILIATION ACT
Motor Vehicles Department license, permit, and
certification restrictions, 13:450.00-13:450.06
-Appeals, 13:450.06
-Federal benefit eligibility requirements, 13:450.00
-Issuance requirements and restrictions, 13:450.04
-Limitations, 13:450.02
PETITIONS
See NEW MOTOR VEHICLE BOARD
PETROLEUM
Gasoline
See GASOLINE
PETS
Dogs
See DOGS
State property, restrictions, 13:1866
PHYSICIANS
Motor vehicles, insigne, 13:970, 13:971
PICKUP TRUCKS
Defined, 13:150.04
POISONS
Hazardous materials, transporting
See generally HAZARDOUS MATERIALS,
TRANSPORTATION
POLICE
Vehicles for traffic law enforcement, coloration,
13:1140, 13:1141
POLITICAL REFORM ACT
See CONFLICT OF INTEREST
POLLUTION
Clean Air Act
-Motor vehicle manufacturers, annual certification
fees, 13:1990-13:1994
Clean Fuels Program
See FUELS
Exhaust emissions
See EXHAUST EMISSION STANDARDS AND
TESTS
Gasoline
See generally GASOLINE
POLLUTION CONTROL DEVICES
See also EXHAUST EMISSION STANDARDS
AND TESTS
Lawn and yard equipment, 13:2400-13:2409
Motor vehicles, 13:1900-13:2500
Small off-road engines, 13:2400-13:2409
-Applicability, 13:2400
-Compliance testing, 13:2407
-Defect reporting requirements, 13:2405.1
-Definitions, 13:2401
-Emission control
— Exhaust standards and test procedures, 13:2403
—Labels, 13:2404
— Warranty statement, 13:2406
-Emission reduction credits, 13:2408-13:2409
-Evaporative emission requirements,
13:2750-13:2773
— Applicability, 13:2751
— Approved components, 13:2767.1
— Certification, 13:2753
Appeals, 13:2771
Averaging and banking, 13:2754.1
Denial, suspension, or revocation, 13:2770
— Compliance testing, 13:2765
— Defect reporting requirements, 13:2761
— Defects warranties, 13:2760
— Definitions, 13:2752
— Exemptions, 13:2766
— Fuel cap performance standards, 13:2756
— Innovative products, 13:2767
— Inspections, 13:2769
— Labeling of equipment and components, 13:2759
— Optional performance standards, 13:2757
— Penalties, 13:2772
— Performance and design standards, 13:2754
— Permeation rate, 13:2755
— Purpose of rules, 13:2750
—Recalls, 13:2762-13:2763
— Severability of provisions, 13:2773
— Test procedures, 13:2758
— Validation studies, 13:2754.2
— Variances, 13:2768
— Warranty statement, 13:2764
-Ordered recalls, 13:2405.3
-Production line testing, 13:2407
-Test procedures, 13:2402
-Voluntary recalls, 13:2405.2
-Warranties, 13:2405, 13:2406
POLYTECHNIC STATE UNIVERSITIES
State-owned vehicles, license plates,
13:180.00-13:180.02
PORTABLE ENGINES AND EQUIPMENT
Exhaust emission standards and tests,
13:2450-13:2465
-Appeals, 13:2464
-Applicability, 13:2451
-Definitions, 13:2452
-Engine requirements, 13:2456
-Fees, 13:2461
TITLE 13 INDEX
REGISTRATION OF VEHICLES
19
PORTABLE ENGINES AND EQUIP-
IAENT -continued
Exhaust emission standards and tests-continued
-Notification requirements, 13:2459
-Penalties, 13:2465
-Portable equipment units, 13:2457
-Purpose of regulations, 13:2450
-Recordkeeping requirements, 13:2458
-Registration requirements, 13:2454, 13:2455,
13:2463
— Suspension or revocation, 13:2462
-Reporting requirements, 13:2458
-Testing methods, 13:2460
Pollution control devices, engines under 25 horse-
power, 13:2400-13:2409"
PORTS
Cargo handling equipment, diesel emissions,
13:2479
PRESS PHOTOGRAPHER LICENSE PLATES
See LICENSE PLATES
PRISONS AND PRISONERS
Transportation, driver records, 13:1213
PRIVATE SCHOOLS
Buses
See SCHOOL BUSES
PRIVILEGED INFORMATION
Motor vehicle registration services, 13:330.40
PROPANE
See LIQUEFIED PETROLEUM GAS
PROTESTS
See NEW MOTOR VEHICLE BOARD
PRWORA
See PERSONAL RESPONSIBILITY AND
WORK OPPORTUNITY RECONCILIATION
ACT
PUBLIC BUILDINGS AND GROUNDS, USE OF,
13:1850-13:1869
Animals, 13:1866
Applicability, 13:1850
Banners, 13:1862
Bicycles, 13:1867
Decorations, 13:1863
Definitions, 13:1851
Fire prohibited, 13:1864
Games, 13:1869
Lawns, 13:1868
Parking, 13:1865
Permits
-Appeals, 13:1857
-Denial or cancellation, 13:1856
-Issuance, 13:1855
-Parking, 13:1865
-Types, 13:1860
Pets, 13:1866
Prohibited conduct, 13:1861
Restrictions, 13:1860-13:1869
Signs, 13:1862
Skateboards, 13:1867
Sports, 13:1869
State property, defined, 13:1851
PUBLIC RECORDS
See also RECORDKEEPING REQUIREMENTS
Driver training schools, student drivers' license
records, 13:344.32
Motor vehicle registration information
See REGISTRATION OF VEHICLES, subhead-
ing: Information requests
PUBLIC UTILITIES
Drivers, hours of service, 13:1212
PUMPS
Pollution control devices, engines under 25 horse-
power, 13:2400-13:2409
PUPILS
Transportation
See SCHOOL BUSES; SCHOOL PUPIL ACTIV-
ITY BUSES
Q
QUARRIES
Exhaust emissions, compression-ignition engines.
13:2420-13:2427
R
RACING
Boats, registration and numbering exemptions,
13:190.19
RADIATION
Transportation of materials
See generally HAZARDOUS MATERIALS,
TRANSPORTATION
RAILROADS
Diesel emissions
-Cargo handling equipment, 13:2479
-Locomotives, fuel standards, 13:2299
Locomotives
-Diesel fuel standards, 13:2299
-Large spark-ignition engines, exhaust emissions
standards and test procedures,
13:2430-13:2439
RECALLS
Emission control systems
-Equipment failures, 13:2169-13:2174
Emissions control systems
-Component failures, 13:2143, 13:2149
-Noncompliance
— In-use vehicles
Influenced recalls, 13:2111-13:2121, 13:2149
Ordered recalls, 13:2122-13:2135, 13:2149
Voluntary recalls, 13:2111-13:2121, 13:2149
— New vehicles, 13:2109
Off-highway recreational vehicles, 13:2414
Motorcycle exhaust emissions standards and test
procedures, 13:2111-13:2135, 13:2149
Necessity for, determination, 13:2148
New vehicle exhaust emissions standards and test
procedures, 13:2109
-Off-highway recreational vehicles and engines,
13:2414
Off-road large spark-ignition engines, 13:2439
Spark-ignition marine engines, 13:2444.1
RECORDKEEPING REQUIREMENTS
Ambulances, 13:1100.6-13:1100.8
Commercial driver licenses, employer testing pro-
grams, 13:25.15
Disclosure
See DISCLOSURE OF INFORMATION
Dismantlers of motor vehicles, 13:304.12,
13:304.14
Emission control system recall or corrective
actions, 13:2172.8
Fleet owner inspection and maintenance stations,
13:616
Hazardous materials, transportation
-Drivers, hours on duty, 13:1213, 13:1213.1,
13:1234
Ignition interlock device installers, 13:125.14
Motor carriers, 13:1234
-Drivers, 13:1234
—Hours on duty, 13:1213, 13:1213.1, 13:1234
Automatic onboard recording device,
13:1213.2
100 air-mile radius drivers, 13:1212
-Identification numbers
— Reconciliation of records, 13:1235.6
— Safety records, 13:1235.2
Retention by Department, 13:1235.5
Motor vehicle dealers, business records, 13:272.00,
13:272.02
RECORDKEEPING REQUIREMENTS^///™^/
Motor vehicle manufacturers, 13:290.02
-Aftermarket parts, pollution control devices.
13:2221
-Ordered recalls, in-use vehicles, 13:2133
-Recalls, in-use vehicles, 13:2119
Motor vehicles
See MOTOR VEHICLES
Motor Vehicles Department
-Business partners, retention. 13:225.60
-Registration records
See REGISTRATION OF VEHICLES
New Motor Vehicle Board, 13:552
Portable engines and equipment, exhaust emission
standards and tests, 13:2458
Prisoners, transporting, 13:1213
Student drivers' licenses, 13:344.30, 13:344.32
RECREATIONAL VEHICLES
Off-highway recreational vehicles and engines, pol-
lution control, 13:2410-13:2414
-Applicability, 13:2410
-Definitions, 13:2411
-New vehicles, 13:2412
— Emission control labels, 13:2413
— Enforcement, 13:2414
-Riding seasons, 13:2415
RECYCLING
Motor vehicle parts, light-duty vehicles, 13:2606
REFINERIES
Gasoline, reformulated, Phase 3 standards for small
refiners, 13:2272
REFRIGERATION SYSTEMS
Transport refrigeration units, diesel-powered, air-
borne toxic control measures, 13:2477
REGISTRATION OF VEHICLES
Boats and vessels
See BOATS AND BOATING
Bonds, security
-Evidence of ownership missing, 13:152.00
Business partner automation, DMV program,
13:225.00-13:225.72
Classification of vehicle, 13:159.00
Clean air vehicle stickers, 13:156.00
Commercial vehicle weight decals, 13:154.00
Decals
-Clean air vehicles, 13:156.00
-Commercial vehicle weight, 13:154.00
-Wheelchair lift or carrier, 13:158.10
-Zero emission vehicle parking decal, 13:158.00
Definitions
-Engine, 13:150.01
-Financial responsibility, evidence of, 13:85.00
-Information, procedures for requesting, 13:350.02
-Pickup trucks, 13:350.04
-Registration services, 13:330.00
-Truck tractors with living quarters, 13:150.08
Description of vehicle required for sale or transfer,
13:150.06
Fees
-Annual adjustment, 13:423.00
-Information requests, 13:350.44
— Nongovernmental requesters, 13:350.22
-Refunds for total loss vehicles,
13:155.00-13:155.10
—Calculation, 13:155.08
— Repayments for recovered vehicles, 13:155.10
-Vehicle Code book, administrative fee, 13:425.01
-Zero emission parking decals, 13:158.00
Financial responsibility, evidence of,
13:85.00-13:85.08
-Alternative methods of proof, 13:85.04
-Definitions, 13:85.00
-Insurance company reporting requirements,
13:85.08
-Reinstatement, 13:85.06
-Suspension for false evidence, 13:85.02
Firefighting vehicles, exemptions, 13:357.00
Information requests, 13:350.02-13:350.54
-Addresses, 13:350.03
— Certification of nongovernmental requesters,
13:350.20
-Casual requesters, 13:350.04, 13:350.36-13:350.40
20
REGISTRATION OF VEHICLES
CALIFORNIA CODE OF REGULATIONS
REGISTRATION OF VEH\CLES-continued
Information requests-continued
-Commercial requesters, 13:350.04, 13:350.18
— Assignments to nongovernmental entities,
"l 3:350.26
— Bond requirements, 13:350.24
-Definitions. 13:350.02
-Fees, 13:350.44
— Nongovernmental requesters, 13:350.22
-Governmental requesters, 13:350.06-13:350.14
—Priorities, 13:350.12
-Methods of requesting, 13:350.04
-Nongovernmental requesters. 13:350.16-13:350.32
—Fees, 13:350.22
— Personal identification numbers, 13:350.26
—Priorities, 13:350.16
—Requests. 13:350.28
-Notice to subject
— Casual requesters, release of information to,
13:350.40
-On-line access security, 13:350.34
-Payments, 13:350.46
-Personal identification numbers
— Governmental requesters, 13:350.08
— Nongovernmental requesters, 13:350.26
-Priorities
— Governmental requesters, 13:350.12
— Nongovernmental requesters, 13:350.30
-Records
—Inspection, 13:350.50
—Surrender, 13:350.53
-Release of information
— Casual requesters, 13:350.40
— Commercial requesters, 13:350.32
— Governmental requesters, 13:350.14
-Requester codes, 13:350.04-13:350.28
—Governmental requesters, 13:350.06-13:350.08
— Nongovernmental requesters, 13:350.18
— Refusal, suspension, revocation,
13:350.52-13:350.54
-Special permits for on-line access, security
requirements, 13:350.34
-Use of information, 13:350.42
Motor, defined, 13:150.01
Nonrepairable vehicle certificates, application,
13:155.05
Pickup truck, defined, 13:350.04
Refusal of registration, 13:151.00
Renewal, proof of financial responsibility, 13:85.04
Salvage vehicle certificates, application, 13:155.05
Services, 13:330.00-13:330.60
-Address changes, 13:330.18
-Advertising, 13:330.26
-Authorization agreements, 13:330.42
-Bonds, surety, 13:330.08
-Branch offices, 13:330.18
-Business name, changes, 13:330.16
-Certificates of convenience, 13:330.60
-Compensation, disclosure, 13:330.30
-Confidential communications, 13:330.40
-Corporate structure, change, 13:330.22
-Definitions, 13:330.00
-Documents, submission, 13:330.32
-Employee changes, 13:330.20
-Fees, 13:330.30, 13:330.32
-Fingerprints, 13:330.06
-Incomplete transactions, 13:330.46
-Licenses, 13:330.00-13:330.22
—Applications, 13:330.02-13:330.04
—Renewal, 13:330.14
— Revocation or suspension, 13:330.54, 13:330.56,
13:330.58
-Ownership change, 13:330.21
-Recordkeeping requirements, 13:330.48
— Electronically maintained records, 13:330.50
— Fees submitted by client, 13:330.32
— Incomplete transactions, 13:330.46
— Surrender of records, 13:330.58
-Signs, 13:330.24
-Subcontracting, 13:330.34
-Submission of fees and documents, 13:330.32
-Surety bonds, 13:330.08
-Temporary permits, 13:330.12
-Transmittal of registration documents, listing
sheet, 13:330.44
REGISTRATION OF VEHlCLES-continued
Services-con f/nuec/
-Withholding documents or operating authority,
prohibition, 13:330.38
Total loss vehicles, fee refunds
See Fees, this heading
Truck tractors with living quarters, defined,
13:150.08
Vehicle Code book, administrative fee, 13:425.01
Wheelchair lift or carrier, decal, 13:158.10
Zero emission decal, 13:158.00
REID VAPOR PRESSURE OF GASOLINE
Standards
-After January 1, 1992 and before March 1, 1996,
13:2251.5
-Beginning March 1, 1996, 13:2262.4
Test procedures, 13:2297
RENTAL CARS
Advertising, 13:260.02
REPORTING REQUIREMENTS
Accidents
-Hazardous wastes and materials, involving,
13:1166
-School buses, 13:1219, 13:1234, 13:1237
Ambulances, change of location or removal from
service, 13:1100.5
Clean fuels program
-Distributors, 13:2314
-Fleet operators, 13:2313
-Notice by executive officer, 13:2311.5
-Retail gasoline outlets, 13:2312
Computer crime, agency reports to Highway Patrol,
13:1875
Dismantles of motor vehicles, 13:304.08,
13:304.10
Distributors, New Motor Vehicle Board, to,
13:553.50
Driver training schools, lost or stolen student
licenses, 13:344.30
Emergency vehicles, inspections, 13:1121
Emission control system recall or corrective
actions, 13:2172.8
Emission warranty information reports,
13:2167-13:2168
Hazardous materials, transportation
-Accidents and incidents, 13:1166
-Vehicle condition, drivers' daily report, 13:1215
Manufacturers
See MANUFACTURERS
Motor carriers
-Employee annual report, 13:220.10
-Vehicle condition, daily report by drivers,
13:1215
Motor Vehicles Department
-Investigation following petition filed with New
Motor Vehicle Board, 13:562
Off-road compression-ignition engines, defects,
13:2425.1
Pollution control
-Portable engines and equipment, exhaust emission
standards and tests, 13:2458
-Small off-road engines
--Defects, 13:2405.1
— Evaporative emission defects, 13:2761
School buses
-Accidents, 13:1219, 13:1234, 13:1237
-Driver status, 13:1236
Sound measurement, 13:1047
Traffic violators schools
See TRAFFIC VIOLATORS SCHOOLS
RETAIL STORES
Delivery drivers, hours of service, 13:1212
ROADS
Hazardous materials, transportation
See HAZARDOUS MATERIALS, TRANSPOR-
TATION
Weight restrictions, motor carriers, 13:1217
ROLLER SKATING
State property, on, 13:1867
SAFETY GLAZING MATERIALS
Federally regulated equipment, vehicle code
requirements, 13:980, 13:981. 13:984
SALES
Dealers
See DEALERS
Distributors
Sec DISTRIBUTORS
SALESPERSONS
Driver-salespersons, hours of service, 13:1212
SAMPLING METHODS
Gasoline, 13:2263
Motor fuel, 13:2296
Spark-ignition marine engine exhaust emissions,
13:2446 Appx.
SANDBLASTING
Portable engines and equipment, exhaust emissions,
13:2450-13:2465
SAVINGS AND LOAN ASSOCIATIONS
Armored cars
See ARMORED CARS
SCHOOL BUSES
See also SCHOOL PUPIL ACTIVITY BUSES
Accidents
-Definitions, 13:1201
-Discontinuing use, 13:1220
-Reporting, 13:1219, 13:1234, 13:1237
-Sending for help, 13:1219
Aisles, 13:1279
-Wheelchair school buses, 13:1293
Alcoholic beverages, prohibited, 13:1221
Alien status and citizenship requirements for certi-
fication, 13:450.00-13:450.06
See also PERSONAL RESPONSIBILITY AND
WORK OPPORTUNITY RECONCILIA-
TION ACT
Axle weights, 13:1276
Bodies, 13:1273
-New or used body placed on new or used chassis,
13:1274
-Wheelchair school buses, 13:1293
Brakes, 13:1246
Bumpers, 13:1290
Carrier name and number, 13:1256.5
Ceilings, 13:1273
Change of address, 13:1233.5
Chassis, 13:1272, 13:1274, 13:1275
Color, 13:1256.5
Contractor licenses, issuance and retention, 13:1130
Data, display, 13:1272
Definitions, 13:1201
Defrosters, 13:1259
Designated stops, 13:1238
District boards, promulgation of additional require-
ments, 13:1202
Doors, 13:1281
-Emergency doors, 13:1282-13:1284
-Warning devices, 13:1281.1
-Wheelchair school buses, 13:1293
Drivers, 13:1203-13:1228
See also MOTOR CARRIERS, subheading: Driv-
ers
-Dismissal, report, 13:1236
-Hours of service, 13:1212
-Leaving compartment when pupil aboard, proce-
dure, 13:1226
-Maximum driving hours, 13:1212.5
-Seat belts, 13:1224
-Seats, 13:1270
-Vision, interference prohibited, 13:1223
Drive shaft guards, 13:1266
Emergency exits, 13:1282-13:1284
-Signs, 13:1256.5
-Wheelchair school buses, 13:1293
•
TITLE 13 INDEX
SULFUR DIOXIDE EMISSIONS 21
SCHOOL BUSES-contiiwed
Emergency reflectors, 13:1292
Engine compartments, 13:1273
Entrances, 13:1281
-Wheelchair school buses. 13:1293
Exhausl systems, 13:1261
-Idling, airborne toxic control measures, 13:2480
Exits, 13:1281
-Wheelchair school buses, 13:1293
Federal regulations, applicability, 13:1271
Fire extinguishers, 13:1242
First aid kits, 13:1243
Floor ramps. 13:1280
Floors, 13:1273
Glazing materials, 13:1287
Grade ability, 13:1277
Guard rails, padding, 13:1278
Handicapped sign, 13:1256.5
Headlamps, 13:1225
Identification, 13:1256.5
Idling, airborne toxic control measures, 13:2480
Inside height, 13:1273
Inspections
-Approval certificate, 13:1231
-Periodic preventive maintenance inspection,
13:1232
-Records, 13:1234
-Wheelchair school buses, 13:1293
Interior, 13:1273
Lights
-Headlamps, 13:1225
-Sidelamps, 13:785
— Aiming of beams, 13:681
— Mounting, 13:695
—Types, 13:786
-Strobe lamps, 13:695.5, 13:819, 13:820
-Warning lamps
— Aiming of beams, 13:682
—Hoods, 13:1288.1
— Number required, 13:696
Liquid burning flares, fusees, oil lanterns; use
restrictions, 13:1242.5
Markings, 13:1256.5
Mirrors, 13:1258
Notice
-Change of address, 13:1233.5
-Safety compliance rating, 13:1233
Odometers, 13:1262
Power ability, 13:1277
Railroad crossings, 13:1228
Ramps, 13:1280
Rearview mirrors, 13:1258
Reports
-Accidents, 13:1219, 13:1234, 13:1237
-Driver status, 13:1236
Roadside warning devices, 13:1292
Safety compliance rating, 13:1233
Seat belts
-Drivers, 13:1224
-Wheelchair school buses, 13:1293
Seats for pupils, 13:1278
Sidelamps
See Lights, this heading
Signals, 13:1256.5
Smoking, 13:1222
Speedometers, 13:1262
Starter interlock, 13:1277.1
Steering components, 13:1291
Steps, 13:1280
Stops, 13:1238
Stop signal arms, 13:1256.5
Tires, 13:1244
Towing other vehicles, 13:1235
Turn signals, 13:1288
Used vehicles, 13:1274
Ventilation, 13:1260
Walls, 13:1273
Warning devices, 13:1292
Warning lamps
See Lights, this heading
Weight lifts, 13:1276
Wheelchair school buses, 13:1293
-Emergency exits, 13:1284
Wheel clearance, 13:1289
SCHOOL BlSSES-conlinued
Windows, 13:1285-13:1287
Wiring, 13:1250
SCHOOL PUPIL ACTIVITY BUSES
See also SCHOOL BUSES
Accident reports, 13:1219, 13:1220, 13:1237
Alcoholic beverages, prohibited, 13:1221
Alien status and citizenship requirements for certi-
fication, 13:450.00-13:450.06
See also PERSONAL RESPONSIBILITY AND
WORK OPPORTUNITY RECONCILIA-
TION ACT
Definitions, 13:1201
Discontinuance of use, procedure, 13:1220
Drivers, 13:1203-13:1224
-Dismissal, report, 13:1236
-Seat belts, 13:1224
-Vision not to be interfered with, 13:1223
Odometers, 13:1262
Reports, 13:1236
Smoking, 13:1222
Speedometers, 13:1262
Towing other vehicles, 13:1235
SCHOOLS
Buses
See SCHOOL BUSES; SCHOOL PUPIL ACTIV-
ITY BUSES
Driver training schools
See DRIVER TRAINING SCHOOLS
Traffic violators schools
See TRAFFIC VIOLATORS SCHOOLS
SCRAP VEHICLES
Voluntary retirement program
See MOTOR VEHICLES
SEARCH AND SEIZURE
Hearing, seizure of vehicle, 13:212.04
SEAT BELTS
Ambulances, 13:1 103
Emergency vehicles, 13:1122
School buses
-Drivers, 13:1224
-Wheelchair school buses, 13:1293
Vehicle code requirements, 13:980, 13:981, 13:983
SECURITY BONDS
Motor vehicle registration services, 13:330.08
SEIZURE
Motor vehicles, hearing, 13:212.04
SELF-INSURANCE, 13:80.00-13:80.90
See also INSURANCE, subheading: Certificates
of self-insurance
SEMITRAILERS
See generally MOTOR CARRIERS
Hazardous substances transported by
See HAZARDOUS MATERIALS, TRANSPOR-
TATION
SERVICE OF PROCESS
Motor Vehicles Department, notice of appeal from,
13:570
New Motor Vehicle Board, petitions, 13:555.1
SERVICE STATIONS
Ethanol, documentation provided with gasoline
delivery, 13:2273.5
SHIPS
See also BOATS AND BOATING
Diesel engine emissions control, ocean-going ves-
sels, 13:2299.1
SHOPPING CENTERS AND MALLS
Motor vehicles, display at, 13:270.08
SIGNS
Dealers, 13:270.06
Dismantles, 13:304.04
Driver training schools, 13:340.20
Motor vehicle registration services, 13:330.24
Muffler certification stations
-Display, 13:604
-Specifications, 13:606
No smoking signs, 13:1256
School buses, 13:1256.5
SlGUS-contiimed
State property, use on, 13:1862
SIRENS
Ambulances
See AMBULANCES
Emergency vehicles, 13:1020-13:1029; 13:1122
See also EMERGENCY VEHICLES
SKATEBOARDING
State property, on, 13:1867
SMALL OFF-ROAD ENGINES
Pollution control devices, 13:2400-13:2409
SMOKING
Passenger motor carriers, no smoking signs,
13:1256
School buses, prohibited, 13:1222
SNOWMOBILES
Pollution control devices, small off-road engines,
13:2400-13:2409
See also POLLUTION CONTROL DEVICES
Sound measurement, 13:1046
SNOW TIRES, 13:1085
SOCIAL SECURITY NUMBER
Driver license, verification, 13:15.04
Identification card application, verification,
13:15.04
SOLID WASTE
Collection vehicles, particulate matter control mea-
sures, 13:2020-13:2021.2
Definitions
-Collection vehicles, particulate matter control
measures, 13:2020-13:2021
SOUND MEASUREMENT, 13:1040-13:1047
Definitions, 13:1041
Instrumentation, 13:1043
Moving vehicles, 13:1045, 13:1047
New vehicles, 13:1045, 13:1046
Personnel, training and positioning, 13:1042
Reporting, 13:1047
Sites, 13:1045
Snowmobiles, 13:1046
Sound level meters, 13:1043, 13:1044
Stationary heavy vehicles, 13:1045, 13:1047
Vehicles in use, 13:1045
SPECIAL DRIVER CERTIFICATES
Disciplinary guidelines, 13:110.04
SPEEDING TICKETS
See TRAFFIC VIOLATORS SCHOOLS
SPEEDOMETERS, 13:1262
SPILLS OF HAZARDOUS SUBSTANCES
Reporting, 13:1166
STATE-OWNED LANDS
Use of state property, 13:1850-13:1869
See also PUBLIC BUILDINGS AND
GROUNDS, USE OF
STUDENT DRIVERS' LICENSES
See DRIVER TRAINING SCHOOLS
SUBCONTRACTORS
Motor vehicle registration service, 13:330.34
SUBPOENAS
New Motor Vehicle Board proceedings, 13:551.2
SUBSTANCE ABUSE
Driving under the influence program
See DRIVING UNDER THE INFLUENCE PRO-
GRAM
Student drivers' license, grounds for refusal,
13:344.22
SULFUR
Diesel fuel content, 13:2281
Gasoline
-CaRFG Phase 2 and Phase 3 standards, 13:2262.3
-Unleaded, standards before April 1, 1996,
13:2252
SULFUR DIOXIDE EMISSIONS
Portable engines, 13:2456
22
SULFUR OXIDES
CALIFORNIA CODE OF REGULATIONS
SULFUR OXIDES
Diesel emissions from ocean-going vessels,
13:2299.1
SURETY BONDS
Motor vehicle registration services, 13:330.08
SURFACE MINING
Pollution control devices, heavy-duty off-road die-
sel cycle engines, 13:2420-13:2427
SUSPENSIONS
See DISCIPLINARY ACTIONS; DRIVERS'
LICENSES
TAIPEI ECONOMIC AND CULTURAL OFFICE
(TECO)
License plates, 13:181.00
TANKS
Flammable liquids, tank drivers
See FLAMMABLE LIQUIDS
Fuel tanks
-Exhaust emissions, auxiliary gasoline fuel tanks,
13:2009
-Specifications, 13:2235
Hazardous materials
-Cargo tanks
— Federal regulations, applicability, 13:1202.1,
13:1202.2
—Use, 13:1163
-Storage tanks, exemption, 13:1 160.1
Motor carriers
See MOTOR CARRIERS
TEACHERS
Driver training instructors
See DRIVER TRAINING SCHOOLS, subhead-
ing: Instructors
Traffic violators school instructors
See TRAFFIC VIOLATORS SCHOOLS, sub-
heading: Instructors
TECO (TAIPEI ECONOMIC AND CULTURAL
OFFICE)
License plates, 13:181.00
TELEVISION
Cameramen, motor vehicle license plates
See LICENSE PLATES, subheading: Press pho-
tographer license plates
TERMINATION OF EMPLOYMENT
Ambulance attendants and drivers, 13:1106
School bus drivers, reports of dismissals, 13:1236
TESTIMONY
New Motor Vehicle Board, 13:580
-Depositions, 13:551.6
TESTING
Commercial driver licenses, employer testing pro-
grams, 13:25.06-13:25.22
Diesel engine exhaust, in-use control strategies,
13:2703-13:2705
Drivers' licenses
-Out-of-state driver license verification for waiver
of test, 13:15.01
-Student license examinations, 13:344.20
Fuel containers and spouts, portable, 13:2467.7
Liquids in collapsible containers, 13:1402
Marine engines, spark-ignition
-Exhaust emissions, 13:2446-13:2447
Motor fuel, 13:2296
Motor vehicles
See MOTOR VEHICLES
Off-road vehicles
-Aftermarket parts, 13:2475
-Large spark-ignition engines, exhaust emissions,
13:2432
— Compliance testing, 13:2437
— Production line testing, 13:2437
— Retrofit emission control systems,
13:2783-13:2784
TES7\NG-i:ontinued
Off-road \eh\cles-continued
-Large spark-ignition engines, exhaust emis-
sions-continued
— Retrofit emission control systems-continued
In-use compliance requirements, 13:2789
-Recreational vehicles and engines, exhaust emis-
sions, 13:2412
Pollution control devices, small off-road engines,
13:2402, 13:2407
-Evaporative emission requirements, 13:2758
— Compliance testing, 13:2765
— Validation study, 13:2754.2
Portable engines and equipment, exhaust emissions,
13:2460
TESTING LABORATORIES
Motor vehicle emissions testing, licensing, 13:2048
TIMBER AND TIMBERLANDS
Pollution control devices, heavy-duty off-road die-
sel cycle engines, 13:2420-13:2427
TIRES, 13:1081-13:1087
Buses, loads, 13:1085, 13:1244
Commercial vehicles, regrooved tires, 13:1082,
13:1086, 13:1087
Defects, 13:1086
Definitions, 13:1081
Identification markings
-New tires, 13:1083
-Radial tire inner tubes, 13:1084
Labeling, 13:1086
Loads, 13:1085
Motor carriers, 13:1244
New tires, 13:1082, 13:1083
Recapped or retreaded, 13:1086, 13:1087
Regrooved tires, 13:1082, 13:1086, 13:1087
Rims
-Definitions, 13:1081
-Matching rims and tires, 13:1085
-Scope of regulations, 13:1080
School buses, 13:1244
Scope of regulations, 13:1080
Sizes, 13:1085
Snow tires, 13:1085
TITLE TO PROPERTY
Motor vehicles, bond requirements, 13:152.00
TOLLS
Delinquent toll evasion fee, 13:431.00
TOW TRUCKS
Driver clearances, citizenship and alien status
requirements, 13:450.00-13:450.06
See also PERSONAL RESPONSIBILITY AND
WORK OPPORTUNITY RECONCILIA-
TION ACT
TOXICS
Exhaust emissions
See EXHAUST EMISSION STANDARDS AND
TESTS; EXHAUST SYSTEMS
Transporting
See HAZARDOUS MATERIALS, TRANSPOR-
TATION
TRAFFIC LAW ENFORCEMENT VEHICLES
Color, 13:1140, 13:1141
TRAFFIC VIOLATORS SCHOOLS,
13:345.02-13:345.90
Advertising restrictions, 13:345.52
Business office and branches, 13:345.08
-Address provided to student upon request,
13:345.60
-Change of, effect on licensure, 13:345.18
-Inspection and approval of sites, 13:345.74
Cancellation of classes, 13:345.41
Cessation of business, 13:345.90
Classroom standards, 13:345.09, 13:345.38
Completion certificates, 13:345.44-13:345.48
-Citations adjudicated, 13:345.48
-Content, 13:345.45
-Duplicates, 13:345.46
-Lost or stolen, report, 13:345.47
-Purchases of, 13:345.44
Curriculum, 13:345.30-13:345.36
TRAFFIC VIOLATORS SCHOOLS-continued
C\imctt\um-continued
-Course approval, 13:345.39
Fingerprinting of applicants, 13:345.72
Inspection and approval of sites, 13:345.74
Instructors
-Class attendance for traffic citation adjudication
prohibited, 13:345.78
-Continuing education requirements, 13:345.24,
13:345.25
-Employment verification, 13:345.58
-Examination requirements, 13:345.07
-Licensure requirements, 13:345.06, 13:345.13,
13:440.02
— Background investigations, 13:345.68
— Change of personal name, business name or
location, 13:345.26
— Continuing professional education, 13:345.24
— Disciplinary guidelines, 13:440.04
—Duplicates, 13:345.25
—Public schools, 13:345.29
—Renewals, 13:345.23
Licensure requirements, 13:440.02
-Additional locations, 13:345.15
-Business office, 13:345.08
-Cancellation, 13:345.86
-Disciplinary guidelines, 13:440.04
-Instructors
See Instructors, this heading
-Operators
See Operators, this heading
-Owners
See Owners, this heading
-Refusal to issue, 13:345.86
-Suspensions or revocations, 13:345.86
Notification forms, authorized signatures, 13:345.54
Office practices, 13:345.50
Operators
-Class attendance for traffic citation adjudication
prohibited, 13:345.78
-Licensure requirements, 13:345.04, 13:345.11,
13:440.02
— Background investigations, 13:345.68
— Change of personal name, 13:345.22
— Disciplinary guidelines, 13:440.04
—Duplicates, 13:345.21
—Renewals, 13:345.20
—Transfers, 13:345.22
-Replacement of, 13:345.05
Owners
-Attendance in lieu of citation adjudication, prohi-
bition on, 13:345.78
-Class attendance for traffic citation adjudication
prohibited, 13:345.78
-Licensure requirements, 13:345.02
— Background investigations, 13:345.68
— Change of business name, location or structure,
13:345.18, 13:345.22
— Deposits in lieu of bonds, 13:345.66
—Duplicates, 13:345.17
—Renewals, 13:253.02, 13:345.16
—Surety bonds, 13:345.65
Penalties, monetary, 13:345.88
Public schools
-Administration, change in, 13:345.28
-Instructors, certification, 13:345.29
-Reporting requirements, 13:345.27
Recordkeeping requirements, 13:345.56
Reporting requirements, 13:345.42
-Lost or stolen completion certificates, 13:345.47
-Public schools, 13:345.27
Schedule of classes, 13:345.40
Telephone numbers, 13:345.50
TV classroom location list, publication, 13:345.49
TRAILER HOMES
See MOBILE HOMES
TRANSIT AUTHORITIES
Buses, particulate matter emissions,
13:2023-13:2023.4
TRANSPORTATION
See specific topic by name
TRANSPORTERS
See also MOTOR CARRIERS
TITLE 13 INDEX
ZERO-EMISSION VEHICLE STANDARDS 23
TRANSPORTERS-to/m/zweJ
Business license, 13:252.10-13:252.30, 13:440.02
-Disciplinary guidelines, 13:440.04
Hazardous materials
See HAZARDOUS MATERIALS, TRANSPOR-
TATION
Penalties for violations, 13:314.00
Place of business, 13:295.00
TRUCKS
See MOTOR CARRIERS
u
UNIVERSITIES AND COLLEGES, STATE
State-owned motor vehicles, license plates.
13:180.00, 13:180.02
USED VEHICLES
Advertising, 13:260.02
Exhaust emissions
-Accreditation of pollution control devices.
13:2001-13:2010
-Modifier-certified vehicles, 13:2047
-Nonmandatory devices, 1955 and subsequent
years, 13:2010
-NOx standards, light-duty vehicles, 1966-1970,
13:2005
— Installation of devices, 13:2008
-Surveillance testing, 13:2152
School buses, new or used body placed on new or
used chassis, 13:1274
Sound measurement, 13:1045
UTILITIES
Drivers, utility restoration; hours of service,
13:1212
V
VAPORS
Reid-vapor pressure, gasoline
See REID VAPOR PRESSURE OF GASOLINE
VARIANCES
Fuel containers and spouts, portable, 13:2467.6
Gasoline standards, beginning March 1, 1996,
13:2271
VEHICLES
See MOTOR VEHICLES; specific type of vehicle
(e.g., Motorcycles)
VENUE
Drivers' license suspension or revocation hearings,
13:115.06
VERIFICATION OF IDENTITY
Aliens
-Identification cards, issuance requirements,
13:15.00-13:15.06
Drivers' licenses
-Name, identification documentation required,
13:20.04
VESSELS
Harborcraft, diesel fuel standards, 13:2299
Nautical
See BOATS AND BOATING
VETERANS LICENSE PLATES
See also LICENSE PLATES
Legion of valor plates, 13:173.00-13:173.06
Prisoner of war plates, 13:171.00-13:171.04
Purple heart plates, 13:173.00-13:173.08
VIOLATIONS, TRAFFIC
See TRAFFIC VIOLATORS SCHOOLS
VOLATILE ORGANIC COMPOUNDS (VOCs)
Portable engine emissions, 13:2456
VOLUNTARY RETIREMENT PROGRAM,
13:2600-13:2610
Advertising, 13:2607
Audits, 13:2609
Definitions, 13:2601
Districts, implementation and enforcement of regu-
lations. 13:2602
Eligible vehicles, 13:2603
-Inspection form, 13:2611 Appx. A
Emission-drive train related paits list, 13:261 1
Appx. B
-Quality control checklist, 13:2611 Appx. C
Emission reductions
-Calculation of emissions reductions, 13:2611
Appx. D
-Credits, 13:2608
Enforcement, 13:2609
Enterprise operator requirements, 13:2604
High-emitting vehicles, identifying, 13:2610
Inspection checklist, 13:2611 Appx. A
Offering vehicles to public, 13:2605
Parts recycling and resale, 13:2606
Purchase of emission credits, 13:2611
Purpose, 13:2600
Records, 13:2609
w
WAIVERS
Drivers' license tests, verification of out-of-state
license, 13:15.01
WARNINGS
Emergency vehicle warning lamps, 13:800-13:818
Motor vehicle warning lamps, 13:700
School buses
-Doors, 13:1281.1
-Roadside warning devices, 13:1292
-Warning lights, 13:682, 13:696
WARRANTIES
Compression-ignition engines, 13:2425, 13:2426
Diesel engine exhaust, in-use control strategies,
13:2707
Emission control systems, 13:2035-13:2046
Large spark-ignition engines
-Defects warranties, 13:2435
-Emission control system warranty statement,
13:2436
Lawn and yard equipment, pollution control
devices, 13:2405, 13:2406
Marine engines, spark-ignition
-Defects warranties, 13:2445.1
-Emission control warranty statements, 13:2445.2
New Motor Vehicle Board, reimbursement sched-
ules, 13:586
Off-road engines
-Large spark-ignition engines, retrofit emission
control systems, 13:2787
-Small engines, pollution control devices, 13:2405,
13:2406
— Evaporative emissions coverage, 13:2760
Warranty statement, 13:2764
WATERCRAFT
See BOATS AND BOATING; SHIPS
WHEELCHAIR LIFTS, 13:1090-13:1095,
13:1269.1
Applicability of rules, 13:1090
Assembly width and depth, 13:1095
Certification, 13:1094, 13:1269.1
Controls, 13:1092, 13:1269.1
Decals, 13:158.10
Definitions, 13:1091
Durability requirements, 13:1093
Installation, 13:1095, 13:1269.1
Maintenance
-Accessibility, 13:1095
-Durability tests, during, 13:1093
-Instructions, 13:1095, 13:1269.1
WHEELCHAIR UFTS-continuecl
Mechanical requirements, 13:1092
Operating instructions, 13:1269.1
School buses, 13:1284, 13:1293
WHEELCHAIRS
Transporting, 13:1269.1
-Motor carriers, 13:1216
-School buses, 13:1284, 13:1293
WITNESSES AND TESTIMONY
See also EVIDENCE
New Motor Vehicle Board, 13:580
-Depositions, 13:551.6
WORKER'S COMPENSATION
Motor carriers, permit requirements, 13:220.16
Y
YOUTH
See CHILDREN
YOUTH BUSES
Accident reports, 13:1219, 13:1220, 13:1237
Alcoholic beverages, prohibited, 13:1221
Alien status and citizenship requirements for certi-
fication, 13:450.00-13:450.06
See also PERSONAL RESPONSIBILITY AND
WORK OPPORTUNITY RECONCILIA-
TION ACT
Discontinuance from use, procedure, 13:1220
Drivers, 13:1203-13:1224
See also MOTOR CARRIERS, subheading: Driv-
ers, for general provisions
-Dismissal, report, 13:1236
-Seat belts, 13:1224
-Vision not to be interfered with, 13:1223
Fees for inspections, 13:1231
Odometers, 13:1262
Seat belts, drivers, 13:1224
Smoking, 13:1222
Speedometers, 13:1262
z
ZERO-EMISSION VEHICLE STANDARDS
Electric vehicle charging requirements, 13:1962.1
Fuel evaporative emission tests, 13:1976
2003 and subsequent years, 13:1962
Urban buses, 13:2023.3
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