"Authorized dealer" means an independent sales, service, or repair facility that is recognized by a motor vehicle manufacturer as a sales representative or is both authorized by a motor vehicle manufacturer to perform repairs on vehicles and is in fact capable of performing repairs needed to maintain vehicles to factory specifications, including performing warranty repair work.
"Backup vehicle" means a vehicle that is operated infrequently as specified in section 2015.3(a) but excludes yard tractors.
"Battery-electric vehicle" or "BEV" has the same definition as "Electric Vehicle" in title 40, Code of Federal Regulations (CFR), section 1037.801, last amended by the United States Environmental Protection Agency (U.S. EPA) on June 17, 2013, which is incorporated by reference herein.
"Box truck" means a single-unit vehicle with a fully or partially enclosed space with a roof and at least three sides designed for transporting cargo or payload, excluding the driver and passengers. Examples include vehicles commonly referred to as step vans, refrigerated vans, dry vans, chipper trucks, and box reefer trucks.
"Broker" means any person who, as a principal or agent, sells, offers for sale, negotiates for, or holds itself out by solicitation, advertisement, or otherwise as selling, providing, or arranging for, transportation by a motor carrier for compensation. A motor carrier, or person who is an employee or bona fide agent of a motor carrier, is not a broker when it arranges or offers to arrange the transportation of shipments which it is authorized to transport and which it has accepted and legally bound itself to transport.
"Bus" means any vehicle designed, used, or maintained for carrying more than ten persons, including the driver, and configured with seats for the primary purpose of transporting persons including the driver.
"California fleet" means the subset of vehicles, including those under common ownership or control, in the total fleet operated in California by a fleet owner or controlling party during a calendar year. Rental vehicles are counted as specified in section 2015.2(d).
"CARB" means the California Air Resources Board.
"Common ownership or control" means being owned or managed on a day-to-day basis by the same persons or entities. Vehicles managed by the same directors, officers, or managers, or by distinct corporations that are controlled by the same majority stockholders are under common ownership or control, even if their titles are held by different business entities or they have different taxpayer identification numbers. A vehicle is under an entity's control if the vehicle is operated using that entity's state or federal operating authority or other registration. Vehicles owned by different entities but operated using common or shared resources to manage the day-to-day operations using the same motor carrier number, displaying the same name or logo, or owned by contractors whose services are under the day-to-day control of the hiring entity are under common ownership or control. Common ownership or control of a federal government vehicle shall be the primary responsibility of the governmental agency that is directly responsible for the day-to-day operational control of the vehicle. Common ownership or control includes relationships where the controlling party has the right to direct or control the vehicle as to the details of when, where, and how work is to be performed or where expenses for operating the vehicle, such as fuel or insurance, are shared. Common ownership or control does not include agreements for individual loads that are competitively bid and issued to the lowest qualifying bid.
"Configuration" means the primary intended function for which a complete vehicle is designed, or as determined by the body permanently attached to the chassis of an incomplete vehicle. Examples of configurations include bucket trucks, box trucks, concrete pump trucks, dump trucks, digger derricks, drill rigs, stake bed trucks, flatbed trucks, and tow trucks. The configuration does not include any auxiliary equipment or secondary uses of equipment added to or carried on the vehicle body. Examples of truck-mounted equipment include welding equipment, lift gates, portable tanks, generators, storage cabinets, and winches.
"Controlling party" means a motor carrier, broker, or entity who directs or otherwise manages the day-to-day operation of one or more vehicles under its common ownership or control to serve its customers or clients.
"Corporate parent" means a business that possesses the majority of shares in another business.
"Day cab tractor" means an on-road tractor without a berth designed for resting or sleeping at the back of the cab and that is not a yard tractor.
"Declared emergency event" means the time period of an emergency event declared or duly proclaimed by a local governing body, state Governor, or the President of the United States during any of the conditions or degrees of emergency described in California Government Code section 8558.
"Dedicated snow removal vehicle" means a vehicle that has permanently affixed snow removal equipment such as a snow blower or auger and is operated exclusively to remove snow from public roads, private roads, or other paths to allow on-road vehicle access.
"Dispatch" means to provide direction or instruction for routing a vehicle, whether owned or under contract, to specified destinations for specific purposes, including delivering or receiving cargo, passengers, property, or goods, or providing a service.
"Emergency operation" means operation of an emergency support vehicle to help alleviate an immediate threat to public health or safety in response to a declared emergency event. Emergency operation includes emergency support vehicle travel to and from a declared emergency event when dispatched by a local, state, federal, or other responsible emergency management agency. Routine operation to prevent public health risks does not constitute emergency operation.
"Emergency support vehicle" means a vehicle other than an authorized emergency vehicle as defined in California Vehicle Code (CVC) section 165 that has been dispatched by a local, state, federal, or other responsible emergency management agency that is used to provide transport services or supplies in connection with an emergency operation.
"Energy storage system" means a system that is designed to store energy on a ZEV or NZEV, such as the battery pack or hydrogen storage tank.
"Executive Officer" means the Executive Officer of the California Air Resources Board or their delegated representative.
"Federal fleet" means vehicles owned by a department, agency, or instrumentality of the federal government of the United States of America and its departments, divisions, public corporations, or public agencies that operate in California. With respect to the Department of Defense and its service branches, federal fleets may be managed regionally, locally, or a combination of regional and local management. There may be multiple federal fleets within a branch of military service or an installation.
"Five-day pass" means a pass that allows a fleet owner to operate a non-compliant vehicle up to five consecutive days in California one time per calendar year per vehicle.
"Fleet" or "total fleet" means one or more vehicles owned by a fleet owner or that are operated under the common ownership or control of a controlling party. It also includes rental or leased vehicles that are considered owned by the "fleet owner" as defined in section 2015(b).
"Fleet owner" means the person or entity who owns the vehicles comprising the fleet. The owner shall be presumed to be either the person or entity registered with the California Department of Motor Vehicles (DMV) as the owner or lessee of a vehicle, or its equivalent in another state, province, or country; vehicle ownership is based on the vehicle registration document or the vehicle title, except as specified below:
"Government agency" means any federal, state, or local public agency, or any other public entity with taxing authority.
"Gross annual revenue" means the total revenue, receipts, and sales for a consecutive 12-month period as filed with the Internal Revenue Service, or its equivalent in another country.
"Gross vehicle weight rating" or "GVWR" means the same as CVC section 350, as indicated by the characters in the four through eight positions in a standard 17-character Vehicle Identification Number (VIN).
"Heavy front axle" means any front steering axle whose gross weight imposed upon the highway by the wheels is rated to exceed 12,500 lbs. The axle weight rating is typically found on the manufacturer's affixed certification label which contains the gross axle weight ratings and the gross vehicle weight rating.
"Historical vehicle" means a vehicle that meets the qualifications for a historical vehicle and has been issued a historical vehicle license plate pursuant to CVC section 5004 and is operated or moved over the highway primarily for the purpose of historical exhibition or other historic vehicle club activities.
"Hubodometer" means a non-resettable device mounted on the axle of a vehicle that measures distance traveled that has a serial number and a lock-out feature that permanently prevents tampering.
"Hydrogen fuel-cell electric vehicle" or "FCEV" means a vehicle with an electric motor where energy for the motor is supplied by an electrochemical cell that produces electricity via the non-combustion reaction of hydrogen.
"Intermittent snow removal vehicle" means a vehicle that is equipped with a snow plow or snow blower mounting attachment and a control system for the plow or blower.
"Internal combustion engine vehicle" or "ICE vehicle" means a vehicle with a powertrain that includes an internal combustion engine that is powered by gasoline, diesel, natural gas, propane, or other fuel where the sole source of power is from the combustion of the on-board fuel to provide motive power.
"Interstate rental fleet owner" means a fleet owner who regularly engages in the trade or business of renting vehicles without drivers with rental origins and destinations outside of California.
"Lessee" has the same meaning as defined in CVC section 371.
"Light-duty package delivery vehicle" means a motor vehicle with a GVWR equal to or less than 8,500 lbs. with equal to or greater than 100 cubic feet of cargo-carrying volume, as defined in title 49, CFR, section 523.2 as it existed on June 3, 2022, which is incorporated by reference herein, that is regularly used to deliver packages, parcels, or mail.
"Manufacturer" means any entity or person who manufactures or assembles new yard tractors or on-road motor vehicles, or imports such yard tractors or on-road motor vehicles for resale, or who acts for and is under the control of any such person in connection with the distribution of yard tractors or new motor vehicles, but shall not include any dealer with respect to yard tractors or new motor vehicles received in commerce. In general, the term "manufacturer" includes any entity or person who manufactures or assembles an on-road vehicle, a yard tractor, a cab and chassis, or other incomplete on-road vehicle for sale in California, or otherwise introduces a yard tractor or new on-road motor vehicle into commerce in California. "Manufacturer" also includes any intermediate- or final-stage manufacturer who completes vehicle assembly prior to first purchase of the vehicle other than for resale. "Manufacturer" does not include entities or persons who supply parts to the importer or vehicle manufacturer of record.
"Milestone Group 1" means the light-duty package delivery vehicles, box trucks, vans, buses with two axles, and yard tractors in the California fleet.
"Milestone Group 2" means the work trucks, day cab tractors, pickup trucks, and buses with three axles in the California fleet.
"Milestone Group 3" means the sleeper cab tractors and specialty vehicles within the California fleet.
"Minimum useful life" means the minimum time period a vehicle may remain in the California fleet. It is the later of the dates specified in subsection (A) or (B) below, as modified by subsection (C):
"Mobile ZEV fueling provider" means an entity that provides the service of, or is engaged in the sale, rental, or lease of equipment for the purpose of, delivering hydrogen fuel or electricity directly from a mobile vehicle or portable equipment into another vehicle's fuel tank or battery for other than the dispenser's own consumption.
"Model year" means the production period as assigned by the manufacturer when certifying an engine or vehicle for sale, pursuant to title 17, CCR, section 95662(a)(16).
"Motor carrier" means the same as defined in CVC section 408.
"Motor vehicle" means the same as defined in CVC section 415.
"Near-zero-emissions vehicle" or "NZEV" means a vehicle as defined in title 13, CCR, section 1963(c)(16) that is capable of operating like a ZEV using electricity stored on-board the vehicle for a minimum number of miles, or "all-electric range", as specified and tested in accordance with section 1037.150p(2)(ii) of "California Greenhouse Gas Exhaust Emission Standards and Test Procedures for 2014 and Subsequent Model Heavy Duty Vehicles," as last amended September 9, 2021, which is incorporated by reference herein.
"New vehicle" means a motor vehicle, the equitable or legal title to which has never been transferred to an ultimate purchaser.
"Notice to proceed" means a written direction to a vehicle manufacturer or entity that converts vehicles to ZEVs to commence production or conversion of a vehicle as provided in a contract.
"Pickup truck" means a vehicle originally manufactured as a complete vehicle with an open box-type bed that meets the definition set forth in CVC section 471. A "pickup truck" with a removable bed cover or camper shell installed is considered a "pickup truck" for the purpose of this article.
"Public agency utility" means a local publicly owned electric utility, as defined in Section 224.3 of the Public Utilities Code, a community water system, as defined in Section 116275 of the Health and Safety Code, a water district, as defined in Section 20200 of the Water Code, and a wastewater treatment provider, as defined in Section 116773.2 of the Health and Safety Code.
"Rated energy capacity" means the amount of electrical energy, in watt hours (Wh), that can be extracted from a fully charged energy storage system, based on or derived from the results of testing or analysis procedures specified in section D., "California Standards and Test Procedures for New 2021 and Subsequent Model Heavy-Duty Zero-Emission Powertrains," adopted June 27, 2019, which is incorporated by reference herein. The rated energy capacity includes the electrical energy of the battery pack that is not accessible due to a manufacturer-programmed decrease in energy capacity for battery pack protection.
"Removed from the California fleet" means a fleet owner or controlling party no longer operates a vehicle in California on or after the date the vehicle meets one of the following conditions:
"Rental vehicle" means a vehicle that is rented to an entity for a period of less than one year without a driver.
"Responsible official" means one of the following:
"SAE J1667" means SAE Recommended Practice SAE J1667 "Society of Automotive Engineers (SAE) J1667 Recommended Practice Snap Acceleration Smoke Test Procedure for Heavy-Duty Powered Vehicles," as issued February 1996, which is incorporated herein by reference.
"Sleeper cab tractor" means a tractor with a berth designed for resting or sleeping at the back of the cab.
"Smoke opacity test" means a test of a vehicle's emissions for smoke opacity level conducted using the procedures specified in "Society of Automotive Engineers (SAE) J1667 Recommended Practice Snap Acceleration Smoke Test Procedure for Heavy-Duty Powered Vehicles."
"Specialty vehicle" means one of the following:
"Standard rounding convention" means if the calculated value is not equal to a whole number, the value shall round up to the nearest whole number when the fractional part is equal to or greater than 0.5, and round down to the nearest whole number if the fractional part is less than 0.5.
"Subsidiary" means an entity controlled by another entity.
"Tractor" means an on-road vehicle meeting one of the following:
"Test fleet" means vehicles owned and operated by a manufacturer that are not used for commercial purposes and are operated only to demonstrate functionality to buyers, test durability, or gather data for engine or vehicle certification or research, and vehicles operating under a CARB-issued experimental permit as authorized by California Health and Safety Code section 43014.
"Two-engine vehicle" means a specially constructed on-road mobile vehicle that was designed by the original equipment manufacturer to be equipped with two engines: one engine provides the primary source of motive power of the vehicle while the other engine is an auxiliary engine with 50 brake horsepower or greater that is permanently attached and integrated into the original design of the vehicle to perform a specific function, which may include providing auxiliary power to attachments, performing special job functions, or providing additional motive power. If a vehicle was originally designed with the capability to have an auxiliary engine installed, but the auxiliary engine was installed by a person or entity other than the original equipment manufacturer, the vehicle still qualifies as a two-engine vehicle. Two-engine street sweepers are not included in this definition.
"Van" means a single unit vehicle configured with seats to transport passengers or with an enclosed space for the primary purpose of transporting cargo and equipment.
"Vehicle" means either a device as defined in CVC section 670, or a yard tractor that is not intended for use on highways.
"Vehicle awaiting sale" means a vehicle in the possession of a dealer, financing company, a private party, or other entity that does not intend to operate the vehicle in California or offer the vehicle for hire for operation in California, and it is operated only to demonstrate functionality to potential buyers, to move short distances to make repairs, or for maintenance or storage. It also includes new vehicles when driven to be delivered to the fleet owner.
"Vehicle Identification Number" or "VIN" means an alphanumeric code that has been permanently assigned by the manufacturer to a vehicle.
"Vehicle purchase" or "purchase" means an action wherein a fleet owner has placed an order to acquire the legal or equitable title to a vehicle or to convert a vehicle to a ZEV; or entered into a lease agreement with a contract term of one year or more. The action taken must be for immediate delivery or installation and the purchaser must have already paid for or entered into a binding agreement with an authorized dealer, entity who converts vehicles to ZEVs, third party, or manufacturer to pay for the vehicle or conversion. A vehicle purchase does not include renewing a lease agreement for a vehicle already in the California fleet. A vehicle purchase includes when the fleet owner has executed any one of the following:
"Waste fleet" means the vehicles owned and operated by a fleet owner that is contracted with a municipality that is mandated to support the hauling, transfer, and processing of diverted in-state organic waste to produce biomethane via franchise agreement or long-term contract, with either a minimum length of ten years or more, or with a minimum length of three years but includes a renewal provision when satisfying the contract terms.
"Wastewater fleet" means the vehicles owned and operated by a government agency or subdivision that owns and operates a wastewater treatment facility, and whose primary purpose is the collection, treatment, and recycling of wastewater and biosolids.
"Weight class" means the category of a vehicle's GVWR as specified below:
"Work truck" means a vehicle that does not meet any of the definitions of box truck, van, bus, light-duty package delivery vehicle, pickup truck, day cab tractor, sleeper cab tractor, or specialty vehicle.
"Yard tractor" means a vehicle that has a movable fifth wheel that can be elevated and is used in moving and spotting trailers and containers at a location or facility. Yard tractors are also commonly known as yard goats, hostlers, yard dogs, trailer spotters, or jockeys.
"Zero-emissions powertrain" has the same definition as title 13, CCR, section 1956.8(j)(27).
"Zero-emissions vehicle" or "ZEV" means a vehicle with a zero-emissions powertrain that produces zero exhaust emission of any criteria pollutant (or precursor pollutant) or greenhouse gas under any possible operational modes or conditions.
"ZEV fueling infrastructure" means a fueling system that provides the appropriate fuel type to power a ZEV (e.g., electric charging infrastructure or cryogenic fueling tank and dispenser).
Cal. Code Regs. Tit. 13, § 2015
Note: Authority cited: Sections 38505, 38510, 38560, 38566, 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, 38566, 38580, 39000, 39003, 39010, 39500, 39600, 39601, 39602.5, 39650, 39658, 39659, 39666, 39667, 39674, 39675, 42400, 42400.1, 42400.2, 42402.2, 42410, 43000, 43000.5, 43013, 43016, 43018, 43023, 43100, 43101, 43102, 43104, 43105, 43106, 43153, 43154, 43211, 43212 and 43214, Health and Safety Code; and Section 28500, Vehicle Code.
2. Change without regulatory effect adding definition of "Public agency utility" and amending NOTE filed 8-26-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 35).