Cal. Code Regs. tit. 13 § 2195.1
"Affirmation of Fleet Wide Compliance" means a document issued to a fleet by the Executive Officer affirming that the vehicles within the given fleet are compliant with the requirements of this HD I/M Regulation.
"Aftermarket part" means a performance or add-on part issued an Executive Order that exempts the part from the prohibitions of California Vehicle Code section 27156.
"Aftermarket parts label" means a product information label that is affixed to an aftermarket part that contains, at a minimum, the product name as exempted, CARB Executive Order number, instruction for proper installation, the manufacturer's name, and manufacturer's address.
"Agricultural vehicle" means a vehicle or truck-tractor trailer combination owned or operated by a farming business and used exclusively in agricultural operations to transport agricultural products to the first point of processing and does not include vehicles that do not directly support farming operations, such as personal use vehicles.
"Alternative compliance verification terminal" means an applicable freight facility that does not, as of January 1, 2022, have automatic methods, including but not limited to Radio Frequency Identification Devices (RFID) or Automatic License Plate Recognition (ALPR), to identify each vehicle entering the facility.
"Alternative fuel" means natural gas, propane, ethanol, methanol, or other non-diesel or non-gasoline fuel, and includes any of these fuels used in combination with each other. For purposes of this HD I/M Regulation, "alternative fuel" does not mean electricity, hydrogen, or other zero tailpipe emissions fuel or technology.
"Alternative fuel retrofit system" or "retrofit system" is a package of fuel storage and delivery, ignition, emission control, on board diagnostic (OBD), and engine components that are modified, removed, or added during the process of modifying a motor vehicle or engine to operate on an alternative fuel.
"Applicable freight facility" is any of the following facilities within California if one or more heavy-duty vehicles operate within the legal property boundary of the facility:
"Authorized emergency vehicle" means vehicles meeting one of the following requirements:
"Broker" means any person that, as a principal or agent, sells, offers for sale, negotiates for, or holds itself out by solicitation, advertisement, or otherwise as selling, providing, or arranging for transportation within California by motor carrier for compensation. A motor carrier, or person who is an employee or bona fide agent of a carrier, is not a broker when it arranges or offers to arrange the transportation of shipments which it is authorized to transport and which it has accepted and legally bound itself to transport.
"Calendar year" means January 1 to December 31 for a given year.
"California registered vehicle" means a vehicle that is required to register with the California DMV to legally operate in California.
"CARB" means the California Air Resources Board.
"Citation" means a notice issued by the CARB alleging a violation of the requirements of this HD I/M Regulation, which requires submission of documentation and payment of a penalty as specified in section 2198.2(b).
"Class I Railroad" has the same meaning as defined in 49 U.S.C. § 20102(1).
"Commercial purposes" means for the purposes of transportation of materials, goods, commodities or persons for compensation, hire, or profit.
"Compliance deadline" refers to the deadline by which a vehicle shall demonstrate compliance with the requirements of this HD I/M Regulation.
"Compliance test" means the applicable test specified in sections 2196.3 and 2196.4 required of a vehicle subject to this HD I/M Regulation.
"Compliance year" refers to the annual period for which a vehicle's compliance fee applies. For California-registered vehicles, the start and end date of every compliance year shall align with the day and month of a vehicle's DMV registration expiration date. The month of a compliance year refers to the month measured from the start of the compliance year. Thus, if the compliance year start date is in June, month three of the compliance year is September.
0 | October |
1 | November |
2 | December |
3 | January |
4 | February |
5 | March |
6 | April |
7 | May |
8 | June |
9 | July |
"Consumable chemical fuel" for purposes of this HD I/M Regulation, means any solid, liquid, or gaseous matter, except hydrogen, that releases energy when consumed by an auxiliary power unit.
"Continuously connected remote on-board diagnostic device" or "CC-ROBD device": See definition for "remote on-board diagnostic device."
"Data link connector" is a multi-pin diagnostic connection port for vehicles, used to interface a testing device with the control modules of a given vehicle and access on-board diagnostics and live data streams.
"Defective" means a condition in which an emissions control system or an emissions control system component is malfunctioning due to age, wear, design defects, or causes other than tampering.
"Demonstration of Compliance" means the documents specified in section 2198.2(f).
"Designee" means a person authorized by a vehicle or fleet owner to electronically register for an account within the electronic reporting system to update and maintain the account information as necessary.
"Driver" has the same meaning as defined in California Vehicle Code section 305.
"Electronic reporting system" means CARB's online database and reporting system to collect and store all compliance test results and other pertinent regulatory information required as part of this HD I/M Regulation.
"Emission control label" means the label required by the "California Motor Vehicle Emission Control and Smog Index Label Specifications For 1978 Through 2003 Model Year Motorcycles, Light-, Medium- and Heavy-Duty Engines and Vehicles," as incorporated by reference in title 13, CCR section 1965, as last amended on September 5, 2003, and as required by the "California Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Diesel Engines and Vehicles," as incorporated by reference in title 13, CCR section 1956.8, as last amended on April 18, 2019.
"Emissions control system" means the pollution control components, connections, and associated mechanisms on an engine at the time its engine family is certified, including the emission control label.
"Engine change" means the installation of an engine in a vehicle that is different from the vehicle manufacturer original configuration as certified by the United States Environmental Protection Agency (U.S. EPA) or CARB.
"Executive Order (EO)" means a document issued by the Executive Officer verifying that vehicles, engines, add-on components, and other devices meet requirements in CARB regulations or in California statute.
"Five-Day pass" means a once-a-year temporary pass, obtained through the electronic reporting system from the Executive Officer, to operate a vehicle in California for five consecutive calendar days without the Executive Officer deeming the vehicle compliant with the HD I/M Regulation.
"Fleet" means one (1) or more heavy-duty vehicles owned by the same person, agency, business, or other entity.
"Fleet facility" means an area where a vehicle primarily performs shipping or receiving operations, vehicle troubleshooting, repair, testing, or vehicle storage.
"Fraudulent" means any false statement or representation in any application, report, statement, or other document filed, maintained, or used for the purposes of compliance with this HD I/M Regulation.
"Freight contractor" means any person, excluding a broker, who enters into a contract with any party requiring the operation of a heavy-duty vehicle within California. This includes a shipper, receiver, carrier, or governmental agency as defined in this HD I/M Regulation, or any other intermediary party.
"Governmental agency" means any federal, state, or local government, including, public schools, water districts, or any other public entity with taxing authority.
"Gross vehicle weight rating (GVWR)" is as defined in California Vehicle Code section 350.
"HD I/M compliance certificate" means a certificate issued to a vehicle owner by the Executive Officer, obtained after demonstrating compliance with this HD I/M Regulation, confirming the vehicle can legally operate in California.
"HD I/M Regulation" means sections 2195 through 2199 of this Chapter.
"HD I/M tester" means a person who has a current and valid CARB-issued HD I/M tester credential, as defined in section 2197.1.
"HD I/M tester credential" means the accreditation provided by CARB to an individual trained in accordance with the requirements of section 2197.1 to conduct vehicle compliance testing such as ROBD inspections, smoke opacity inspections, and vehicle emissions control equipment inspections required by this HD I/M Regulation and submit vehicle inspection data to the electronic reporting system based on the results of the inspection.
"Heavy-duty vehicle" means any motor vehicle having a manufacturer's GVWR greater than 14,000 pounds.
"Heavy-duty zero-emission vehicle" means an on-road vehicle with a manufacturer's GVWR greater than 14,000 pounds with a drivetrain that produces zero exhaust emissions of any criteria pollutant (or precursor pollutant) or greenhouse gas under any possible operational modes or conditions.
"Hybrid vehicle" means a vehicle that includes energy storage features (other than a conventional battery system or conventional flywheel) in addition to an internal combustion engine using a consumable chemical fuel.
"In-person field inspection" means any inspection conducted in accordance with the procedures specified in this HD I/M Regulation at an inspection site by a CARB inspector or peace officer.
"Inspection site" means an area including a random roadside location, a weigh station, a fleet facility, or other similar site used for conducting the heavy-duty vehicle test procedure, emissions control system inspection, or both.
"Inspector" means a CARB employee or authorized agent with the duty of enforcing Health and Safety Code section 44152.
"Intermodal railyard" means any transportation facility owned or operated by a Class I Railroad that is primarily dedicated to the business of intermodal rail operations where cargo is transferred to or from a train and any other form of conveyance, such as train to ship, ship to train, train to truck, or truck to train.
"Malfunction indicator light (MIL)" means the light displaying the International Standards Organization (ISO) 2575 engine symbol F01, consistent with subdivision (d) of section 1971.1, title 13, CCR.
"Manufacturer" means any person who manufactures or assembles an engine, vehicle, or piece of equipment for sale in California. It also means the person who is granted certification for a certified engine, vehicle, or equipment.
"Manufacturer original configuration" means an engine configuration in which all parts and components are properly installed and in place, in accordance with the requirements specified in the certification application and the applicable engine family Executive Order.
"Motor carrier" means a registered owner, lessee, licensee, or bailee of any vehicle, who operates or directs the operation of any such vehicle on either a for-hire or not-for-hire basis.
"Motor home" means a single vehicular unit designed for human habitation to provide temporary living quarters for recreational or emergency occupancy and built on, or permanently attached to, a self-propelled motor vehicle chassis, chassis cab, or van, which becomes an integral part of the completed vehicle or a vehicle that exclusively tows a trailer that was originally designed for human habitation for recreational or emergency occupancy.
"New motor vehicle" means a motor vehicle, the equitable or legal title to which has never been transferred to an ultimate purchaser in accordance with Health and Safety Code section 39042.
"Non-continuously connected remote on-board diagnostic device" or "NCC-ROBD device": See definition for "remote on-board diagnostic device."
"Non-OBD-equipped vehicle" means any vehicle that does not meet the definition of an OBD-equipped vehicle.
"Notice to Submit to Testing (NST)" means a notice requiring demonstration of compliance, as specified in section 2198.2(a).
"On-Board Diagnostics (OBD) system" means any system certified to meet the requirements of any of the following:
"OBD-equipped vehicle" means a heavy-duty vehicle for the following model years and fuel types equipped with an OBD system:
"Officer" means a uniformed member of the Department of the California Highway Patrol.
"Opacity" means the percentage of light obstructed from passage through an exhaust smoke plume.
"Outstanding enforcement action" means any unresolved civil, administrative, or criminal violation for which a notice was issued to a vehicle or a fleet owner for non-compliance with any in-use heavy duty vehicle requirements established by CARB.
"Owner" of a vehicle means the person or persons registered as the owner or lessee of a vehicle by the California Department of Motor Vehicles (DMV), or its equivalent in another state, province, or country; vehicle ownership is based on the vehicle registration document or the vehicle title, except as specified below:
"Peace officer" means any law enforcement agencies' authorized representative as defined in California Penal Code, title 3, chapter 4.5, sections 830 et seq.
"Person" means an individual, corporation, business trust, estate, trust, partnership, Limited Liability Company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity.
"Provisional HD I/M compliance certificate" refers to a HD I/M compliance certificate issued to a vehicle owner that indicates that the applicable vehicle may be operated through the vehicle's next compliance deadline without demonstrating full compliance with the requirements of the HD I/M Regulation.
"Receiver" means a person or an entity that enters into a contractual agreement with a shipper, broker, or intermediary party to receive shipped goods, cargo, or commodities for the purpose of processing, packaging, retail sale or wholesale. This does not include the receipt of any goods by the final end-user or consumer.
"Referee" means an individual or entity authorized by CARB to provide independent evaluations of vehicles, and services to accommodate vehicles with inspection incompatibilities or compliance issues.
"Remote on-board diagnostic device" or "ROBD device" means an OBD data collection and submission system certified to meet the California Standards for Heavy-Duty Remote On-board Diagnostics Devices, adopted August 22, 2022 and hereby incorporated by reference.
"Removal from service" means the towing and storage of a vehicle under California Vehicle Code section 27159 and under the auspices of the California Highway Patrol.
"Rental or leasing company" means a business that rents or leases vehicles.
"Renter" means a person who rents or operates vehicles, engines, or equipment units not owned by that person.
"Repair facility" means any place where heavy-duty vehicles are repaired, rebuilt, reconditioned, or in any way maintained for the public at a fee, and fleet maintenance facilities.
"Roadside emissions monitoring device" means a CARB-authorized system for remotely measuring exhaust emissions, downloading OBD data, or collecting other information for identifying vehicles passing through the system.
"SAE J1667" means SAE Recommended Practice SAE J1667 "Snap-Acceleration Smoke Test Procedure for Heavy-Duty Diesel Powered Vehicles," as issued February 1996 ("1996-02"), which is incorporated herein by reference.
"Seaport facility" means any non-military independent marine terminal or any seaport where the seaport functions as a marine or seaport terminal.
"Shipper" means the person, party, or entity who usually owns or supplies the commodities transported by a carrier, or that has possession of freight prior to its transportation. This may include packing plants, storage facilities, warehouses, and distribution centers.
"Smoke meter" means a detection device used to measure the opacity of smoke in percent opacity.
"Smoke test" or "smoke opacity test" means a test of a vehicle's emissions for smoke opacity level conducted using the procedures specified in SAE J1667 Recommended Practice: Snap Acceleration Smoke Test Procedure for Heavy-Duty Powered Vehicles.
"Tampered" means missing, modified, disconnected, or improperly installed, or, as it applies to emission control labels, permanently obscured in accordance with Vehicle Code section 27156 and Health and Safety Code section 43008.6.
"Temporary operating permit" means a permit issued by the DMV, in accordance with California Vehicle Code section 4156.5, which allows a motorist to operate a vehicle for a limited time when all registration fees have been paid, but license plates or registration stickers have not been issued.
"Test procedures" means the methods or actions required to complete the tests specified in this HD I/M Regulation, for the purposes of compliance verification.
"Tier 1, 2, or Tier 3 engine" means an off-road compression-ignition engine certified to the applicable emission standards in CCR, title 13, section 2423(b)(1)(A) or section 2423(b)(2)(A).
"Tier 4 engine" means an off-road compression-ignition engine certified to the interim or final Tier 4 emission standards in CCR, title 13, section 2423(b)(1)(B) or section 2423(b)(2)(B).
"Ultimate purchaser" means, with respect to any new motor vehicle or new motor vehicle engine, the first person who in good faith purchases a new motor vehicle or new motor vehicle engine for purposes other than resale, as defined in Health and Safety Code section 39055.5.
"Unresolved citation" means a citation issued for violating the requirements of this HD I/M Regulation for which acceptable demonstration of compliance has not been provided or, if required, payment of all required penalties has not been received.
"Vehicle identification number (VIN)" means an alpha numeric code which has been permanently assigned by the manufacturer to a vehicle. The VIN is unique to each vehicle and may contain information deemed necessary by governing agencies. If a manufacturer cannot obtain a federal VIN from the National Highway Traffic Safety Administration for their vehicles, an alternative VIN approved by CARB may be used. Unless otherwise noted, the VIN and alternative VIN will follow formats specified in the Code of Federal Regulations 49, Chapter V, Parts 565, 566, and 571, on October 1, 2021, which are incorporated herein by reference.
"Vendor" means any person who manufactures or applies for certification for a ROBD device. It also means the person to whom CARB grants certification for a certified ROBD device.
"Verified diesel emissions control strategy (VDECS)" means a diesel emission control strategy or system that has received approval from the Executive Officer according to the "Verification Procedure for In-Use Strategies to Control Emissions from Diesel Engines" in title 13, CCR, commencing with section 2700. Level 2 VDECS means the strategy or system reduces engine diesel particulate matter emissions by 50 to 84 percent. Level 3 VDECS means the strategy reduces engine particulate matter emissions by 85 percent or greater, or reduces engine emissions to less than or equal to 0.01 grams diesel particulate matter per brake horsepower-hour.
Cal. Code Regs. Tit. 13, § 2195.1
Note: Authority cited: Sections 39002, 39003, 39600, 39601, 43000, 43013, 43701, 44011.6 and 44152, Health and Safety Code. Reference: Sections 1797.84, 39042, 39055.5, 39042.5, 44154 and 44156, Health and Safety Code; and Sections 165, 260, 305, 410, 505, 4156.5, 24019, 27153, 27156, 27158.1, 27158.2 and 27159, Vehicle Code.