Cal. Code Regs. tit. 13 § 2014.1

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 2014.1 - In-Use On-Road Heavy-Duty Drayage Trucks: Requirements and Compliance Deadlines

(a) Requirements and Compliance Deadlines. Drayage trucks subject to this article must meet the following requirements:

(1) Phase 1 Requirements:

(A) Beginning January 1, 2024, all drayage trucks registering in the CARB Online System must be zero-emission vehicles.

(B) Beginning January 1, 2024, a legacy drayage truck must visit a California seaport or intermodal railyard at least once each calendar year. A legacy drayage truck that does not meet this requirement will be removed from the CARB Online System by March 31 of each calendar year, beginning March 31, 2025.

(C) Beginning January 1, 2025, any legacy drayage truck registered in the CARB Online System must not exceed its minimum useful life threshold. Any legacy drayage truck that exceeds its minimum useful life threshold will be removed from the CARB Online System by March 31 of each calendar year and can no longer provide drayage services in California.

(2) Phase 2 Requirements:

(A) Beginning January 1, 2035, all drayage trucks in the CARB Online System must be zero-emission vehicles and only zero-emission drayage trucks can provide drayage service in California.

(3) Sales Disclosure Requirements:

(A) Any person subject to this article selling a vehicle subject to this article must provide the following disclosure in writing to the purchaser on or with the bill of sale, sales contract addendum, or invoice: "A vehicle operated in California may be subject to the California Air Resources Board Advanced Clean Fleets regulations. It therefore could be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets."

(B) A copy of the above disclosure must be kept for a period of at least five years from the date the disclosure was provided to drayage truck operators, and must also be provided to CARB staff or CARB's Executive Officer within 72 hours of a written or verbal request.

(4) Drayage Truck Owner Requirements:

(A) Drayage truck owners must submit drayage truck registration information detailed in section 2014.1(a)(8)(C) by one of the following methods:

1. Electronically through the CARB Online System at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets; or

2. Electronically by email to: TRUCRS@arb.ca.gov.

(B) Beginning January 1, 2025, drayage truck owners must annually report odometer reading, engine family, and engine model year for all legacy drayage trucks that are 12 years old or older using documentation listed in section 2014.1(a)(4)(B)3., and comply with the following reporting requirements:

1. The odometer reading must be reported in the CARB Online System no later than February 15th of each calendar year. The odometer reading must reflect the odometer reading as of January 1^st of the current calendar year and the date the reading was recorded from a properly functioning odometer or hubodometer.

2. If the drayage truck's originally equipped odometer has failed and is replaced, report the following information within 30 calendar days of the date the original odometer was replaced: the original odometer's final reading, the new odometer's initial reading and the date of replacement.

a. If the drayage truck's originally equipped odometer has failed and is not being replaced, the drayage truck owner must equip the vehicle with a hubodometer. Drayage truck owners must report the serial number from a hubodometer within 30 calendar days of the date the hubodometer was installed.

3. Documentation must include VIN, engine family name, license plate number and state of issuance, odometer reading and date. Acceptable documentation includes:

a. Unaltered photograph of the odometer or hubodometer and registration for the vehicle;

b. Smoke opacity test results;

c. California Highway Patrol-Truck and or Tractor Maintenance and Safety Inspections Forms (108-Form);

d. Basic (previously Biennial) Inspection of Terminals (BIT) Inspection forms;

e. Maintenance or service work orders, invoices or receipts; or

f. Driver logs or inspection sheets.

(C) Drayage truck owners must provide the following disclosure in writing to drayage truck operators either in the hiring contract or agreement or as an addendum to the hiring contract or agreement: "Drayage trucks with a GVWR greater than 26,000 lbs. that are used for transporting cargo, such as containerized, bulk, or break-bulk goods, to and from California seaports and intermodal railyards may be subject to the CARB Advanced Clean Fleets regulations. Such trucks may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets website at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets."

(D) Beginning January 1, 2024, drayage truck owners shall ensure that each drayage truck under their control is compliant with all provisions of this article.

(E) Drayage truck owners who comply with section 2014.1 may utilize extensions specified in section 2014.2.

(5) Drayage Truck Operator Requirements:

(A) Drayage truck operators must maintain the information or documentation specified in sections 2014.1(a)(5)(B) and 2014.1(a)(5)(C) for a period of at least five years, and must also upon request by CARB staff or CARB's Executive Officer, make available the information or documentation specified in sections 2014.1(a)(5)(B) and 2014.1(a)(5)(C) to CARB staff or CARB's Executive Officer within 72 hours of a written or verbal request.

(B) Documentation of the dispatching drayage motor carrier's contact information:

1. The drayage motor carrier's business name;

2. Contact person's name;

3. Drayage motor carrier's street address, city, state and zip code;

4. Contact person's business phone number;

5. Contact person's email;

6. U.S. Department of Transportation Number;

7. Motor Carrier Number; and

8. Signed contract.

(C) Documentation of the origin and destination of the cargo, chassis and intermodal equipment (e.g., container, etc.). Documentation can include a:

1. Delivery receipt;

2. Pick-up receipt;

3. Equipment interchange receipt;

4. Release number; or

5. Shipping paper or other documentation that identifies the origin and destination of the cargo and the pickup and termination destination of the chassis and intermodal equipment.

(6) Controlling Party Requirements. Each controlling party shall do the following:

(A) Provide the following disclosure in writing to drayage truck operators either in the hiring contract or agreement or as an addendum to the hiring contract or agreement: "Drayage trucks with a GVWR greater than 26,000 lbs. that is used for transporting cargo, such as containerized, bulk, or break-bulk goods, to and from California seaports and intermodal railyards may be subject to the CARB Advanced Clean Fleets regulations. These trucks may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets website at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets."

(B) Only contract with or dispatch drayage trucks that are registered in the CARB Online System and are compliant with this article.

(C) Only contract with or dispatch drayage trucks whose operators acknowledge they have been informed that they must maintain the drayage motor carrier information listed above in section 2014.1(a)(5)(A).

(D) Keep a record of all contracted or dispatched drayage trucks sent to a seaport or intermodal railyard containing the information below for a period of at least five years from the contracted or dispatched date. All detailed and summary dispatch records are to be made available to CARB staff or the Executive Officer within 72 hours of a written or verbal request.

1. Truck dispatch date;

2. Shipping paper or tracking number;

3. Truck license plate number and state of issuance; and

4. Drayage truck identification number.

(E) Controlling parties who comply with section 2014.1 may utilize extensions specified in section 2014.2.

(F) Beginning January 1, 2024, controlling parties shall ensure that each drayage truck under their control is compliant with all provisions of this article.

(7) Marine and Seaport Terminal and Intermodal Railyard Requirements. Each marine or seaport terminal and intermodal railyard shall do the following:

(A) Beginning January 1, 2024, collect the following information for each drayage truck subject to this article that enters the facility or property. This information shall be kept for a period of at least five years from the truck entry date and is to be made available to CARB staff or the CARB Executive Officer within 72 hours of a written or verbal request.

1. Entry date;

2. Drayage truck's license plate number and state of issuance; and

3. Drayage truck's VIN.

(B) Beginning January 1, 2024, in lieu of the requirements in section 2014.1(a)(7)(A), marine and seaport terminals and intermodal railyards that do not have automatic reporting systems (e.g., Radio Frequency Identification Devices or Automatic License Plate Recognition) may collect the following information for each drayage truck subject to this article that enters the facility or property. This information shall be kept for a period of at least five years and is to be made available to CARB staff or the CARB Executive Officer within 72 hours of a written or verbal request.

1. Drayage truck's license plate number and state of issuance; and

2. Drayage truck's VIN.

(C) Beginning January 1, 2024, collect or record the following information for each drayage truck that is subject to this article, enters the facility or property, and is not compliant as determined by information or status contained within the CARB Online System. This information shall be kept for a period of at least five years from the truck entry date and is to be made available to CARB staff or the CARB Executive Officer within 72 hours of a written or verbal request.

1. Dispatching drayage motor carrier:

a. Business name of dispatching drayage motor carrier;

b. Contact person's name;

c. Contact person's email;

d. Street address, city, state, zip code;

e. Phone number of the dispatching drayage motor carrier; and

f. Shipping paper or tracking number.

2. Drayage truck:

a. Entry date;

b. Registered owner's name;

c. Registered owner's email;

d. Operator's name;

e. Operator's license number;

f. Drayage truck's license plate number and state of issuance; and

g. Drayage truck's VIN.

(D) Report the information collected pursuant to section 2014.1(a)(7)(A) or section 2014.1(a)(7)(B) to their respective seaport or railyard authorities annually no later than January 31 of the following calendar year. For instance, seaport terminals must report data collected for calendar year 2027 to their authorities no later than January 31 of 2028.

(E) Report the information collected pursuant to section 2014.1(a)(7)(C) to their respective seaport or railyard authorities according to Schedule A below.

Schedule A: Marine and Seaport Terminal and Intermodal Railyard Reporting Schedule

Date Truck Enters Terminal or Intermodal Railyard	Date by which Information is to be Reported to Seaport or Railyard Authority
January 1 - March 31	April 15
April 1 - June 30	July 15
July 1 - September 30	October 15
October 1 - December 31	January 15

(F) Beginning January 1, 2025, seaport and railyard authorities shall report the respective information collected by seaport terminals and intermodal railyards, as specified in section 2014.1(a)(7)(D), to CARB annually on or before March 1 of each calendar year. This information must be reported to CARB using the CARB Advanced Clean Fleets website at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets.

(G) Beginning January 1, 2024, seaport and railyard authorities shall report the respective information collected by the seaport terminals and intermodal railyards, as specified in section 2014.1(a)(7)(E), to CARB according to Schedule B below. This information must be reported to CARB using the CARB Advanced Clean Fleets website at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets.

ScheduleB: Seaport and Railyard Authority Reporting Schedule

Schedule A Information Reported to Seaport or Railyard Authority	Date by which Information is to be Reported to CARB
April 15	May 15
July 15	August 15
October 15	November 15
January 15	February 15

(H) Seaport or railyard authorities shall ensure their respective terminals and/or intermodal railyards abide by all reporting requirements and deadlines in sections 2014.1(a)(7)(A), 2014.1(a)(7)(B) and 2014.1(a)(7)(D).

(I) Seaport or railyard authorities shall ensure their respective terminals and/or intermodal railyards abide by all Schedule A reporting requirements and deadlines in sections 2014.1(a)(7)(C) and 2014.1(a)(7)(E).

(8) CARB Online System Truck Registry Requirements. Drayage Truck Owner Requirements:

(A) Starting December 31, 2023, all drayage trucks must be registered with the CARB Online System to operate at a seaport or intermodal railyard.

(B) Owners must submit drayage truck reporting information detailed in section 2014.1(a)(8)(C) by one of the following methods:

1. Electronically through the CARB Online System on the CARB Advanced Clean Fleets website at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets; or

2. Electronically by email to: TRUCRS@arb.ca.gov.

(C) Owners of all drayage trucks covered by this article must register each truck through the CARB Online System. The information shall include:

1. Entity name;

a. Fictitious business name, if applicable;

2. Entity owner name;

3. Entity physical and mailing addresses;

4. Designated contact person name;

5. Designated contact person phone number;

6. Designated contact person email;

7. Federal Taxpayer Identification Number;

8. The following operating authority numbers, if applicable: Motor Carrier Identification number, United States Department of Transportation number, California Carrier Identification number, California Public Utilities Commission transportation charter permit number, International Registration Plan number;

9. Identify whether the vehicle is a "drayage truck", as defined in section 2014(b);

10. Identify whether the drayage truck is replacing a legacy drayage truck that is non-repairable;

11. Identify whether the vehicle is owned by a federal, state, or local government;

12. Name of the responsible official;

13. VIN;

14. Vehicle make and model;

15. Vehicle model year;

16. Vehicle license plate number and state or jurisdiction of issuance;

17. Vehicle GVWR;

18. Vehicle body type;

19. Fuel and powertrain type;

20. Whether the vehicle will be designated under any extension provision of section 2014.2;

21. Odometer, or if applicable, hubodometer readings for legacy drayage trucks specified in section 2014.1(a)(4)(B);

22. Engine family for legacy drayage trucks with a vehicle model year that is 12 years old or older;

23. Engine model year for legacy drayage trucks with a vehicle model year that is 12 years old or older; and

24. Whether the vehicle being reported by the controlling party is owned by another entity, if applicable.

(D) After registering the truck, the drayage truck owner must make updates in the CARB Online System within 30 calendar days of any change to the information above in section 2014.1(a)(8)(C).

(E) Registration cannot be transferred between truck owners.

(F) Legacy drayage trucks that are not zero-emission cannot remain in the CARB Online System and cannot re-register after they are sold.

(G) Legacy drayage trucks cannot be repowered with an internal combustion engine to extend the minimum useful life of the vehicle.

1. Drayage truck owners who convert a drayage truck to a zero-emission vehicle must report the vehicle's new fuel type within 30 calendar days of being converted.

(H) Legacy drayage trucks that need to be temporarily replaced due to an accident or other onetime event due to circumstances beyond the fleet owner's control, such as fire or catastrophic failure, that damages both the engine and vehicle such that the vehicle is not repairable may be replaced by a non-zero-emission vehicle with an engine that is the same or newer model year. This replacement must occur no later than 180 calendar days from the date the vehicle became non-repairable. The replacement vehicle can register in the CARB Online System and remain in compliance until the non-repairable vehicle would have reached its minimum useful life threshold. The useful life of the replacement vehicle will be based on the engine model year of the non-repairable vehicle and the mileage accrued on the non-repairable vehicle plus the mileage accrued on the replacement vehicle. The non-repairable vehicle will be removed from the CARB Online System. By using this option, drayage truck owners must acknowledge that they knowingly and voluntarily waive the provisions of Health and Safety Code section 43021(a), specific to the replacement vehicle in this section, that would otherwise apply to any purchased commercial motor vehicles as defined in CVC section 34601.

1. To apply, drayage truck owners must submit the following information and documentation to TRUCRS@arb.ca.gov prior to adding the used vehicle to CARB Online System:

a. A copy of a police report or a statement from the insurance company indicating the vehicle is non-repairable;

b. The VIN of the non-repairable vehicle; and

c. The following clear and legible digital photographs of the replacement used vehicle:

i. VIN/GVWR label (typically located on the driver side door or door jamb);

ii. License plate with driver side of the vehicle visible;

iii. Entire left side of the vehicle with doors closed showing the vehicle's body configuration; and

iv. Entire right side of the vehicle with doors closed showing the vehicle's body configuration.

2. Drayage truck owners approved to replace their non-repairable legacy drayage truck must keep and make available to CARB staff the information provided pursuant to section 2014.1(a)(8)(H)1. for a period of five years from the date the replacement truck is registered in the CARB Online System. This information is to be made available to CARB staff or the CARB Executive Officer within 72 hours of a written or verbal request.

(I) Drayage truck owners who report the information specified in sections 2014.1(a)(8)(C)21., 2014.1(a)(8)(C)22. and 2014.1(a)(8)(C)23. late will be subject to removal from the CARB Online System by March 31 of that current calendar year.

Cal. Code Regs. Tit. 13, § 2014.1

Note: Authority cited: Sections 38501, 38505, 38510, 38560, 39010, 39500, 39600, 39601, 39602.5, 39650, 39658, 39659, 39666, 39667, 43013, 43018, 43100, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 38501, 38505, 38510, 38560, 39000, 39003, 39010, 39500, 39600, 39601, 39602.5, 39650, 39658, 39659, 39666, 39667, 43000, 43000.5, 43013, 43018, 43100, 43101, 43102, 43104 and 43205.5, Health and Safety Code.

1. New section filed 9-29-2023; operative 10/1/2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 39).