Section 95302 - Definitions(a) The following definitions apply to this subarticle:(1) "Aerodynamic technologies" means components designed to reduce wind resistance on the tractor or trailer resulting in improved overall tractor fuel economy and reduced carbon dioxide emissions. There are two types of aerodynamic technologies: fairings and flow control devices.(2) "Box-type trailer" means a dry-van trailer or refrigerated-van trailer that is not a drop-frame trailer.(3) "Broker" means a person who, for compensation, arranges or offers to arrange the transportation of property by a motor carrier. A motor carrier, or person who is an employee or bona fide agent of a carrier, is not a broker within the meaning of this section 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.(4) "Cab side extender" means an air flow control device placed vertically on the rear side of the tractor that reduces the space between the tractor and trailer.(5) "California-based broker" means a broker that maintains a business location in California.(6) "California-based shipper" means a shipper that operates a facility in California where freight is located prior to its transportation.(7) "Chassis trailer" means a trailer composed of a simple chassis for the mounting of a containerized load.(8) "Compliance year" means the calendar year in which a fleet owner may bring trailers into compliance to meet the minimum fleet conformance threshold that takes effect on January 1 of the following year.(9) "Compliant trailer" means a trailer that complies with the equipment requirements set forth in section 95303(b). For the purposes of the optional trailer fleet compliance schedules, to bring a trailer into compliance means to either retrofit the trailer with the necessary aerodynamic technology or technologies to comply with the equipment requirements set forth in section 95303(b), or remove the trailer from the owner's fleet.(10) "Conformance" means meeting or exceeding the minimum fleet conformance thresholds defined in section 95307, Optional Trailer Fleet Compliance Schedules, Tables 1, 2 and 3. A conformance threshold defines the percentage of trailers in a fleet that are required to be compliant in accordance with a large fleet compliance schedule or a small fleet compliance schedule.(11) "Curtain-side trailer" means a trailer with tarp sides that can be loaded from the sides, top, or rear.(12) "Delayed compliance trailer" means a trailer for which compliance may be delayed pursuant to section 95307(b)(4).(13) "Dispatch" means to coordinate delivery, pickup, and drop-off schedules of vehicles; and monitor the delivery of freight from these vehicles.(14) "Drayage tractor" means any in-use on-road tractor with a gross vehicle weight rating of greater than 26,000 pounds operating on or transgressing through port or intermodal railyard property for the purpose of loading, unloading or transporting freight.(15) "Driver" means a person who physically operates a HD tractor.(16) "Drop-frame trailer" means an enclosed rectangular trailer with a deck that is lower to the ground in the area between the trailer hitch and the trailer wheels, to create more cargo space.(17) "Dry-van trailer" means an enclosed rectangular trailer that is not a refrigerated-van trailer.(18) "Early compliance trailer" means a trailer that has been brought into compliance with the equipment requirements set forth in section 95303(b)(3) as applicable, before January 1, 2010, and for which the owner receives credit, in accordance with the early compliance option set forth in section 95307(b)(4), that may be used to delay the compliance of delayed compliance trailers.(19) "Emergency vehicle" means a vehicle as defined in California Vehicle Code section 165.(20) "Empty trailer" means a trailer that does not contain freight. A trailer that contains only items used for the handling or securing of freight, such as moving blankets, straps, moving dollies, and tool kits that are used in the transport of other items in the trailer, or to maintain the tractor or trailer on the road, is considered an empty trailer.(21) "Fairing" means a structure with smoothly contoured solid surfaces that reduces the wind resistance of the objects it covers.(21.1) "Federal Phase 2 Regulation" means the Greenhouse Gas Emission Standards and Fuel Efficiency Standards for Medium-and Heavy-Duty Engines and Vehicles-Phase 2, as adopted by the U.S. Environmental Protection Agency (81 Fed. Reg. 73478 (October 25, 2016)).(22) "Fleet" means one or more trailers owned by a person, business, or government agency. A fleet consists of the total number of long box-type trailers under common ownership or control even if they are part of different subsidiaries, divisions, or other organizational structures of a company or agency.(23) "Flow control device" means a design element that manipulates the air flow around an object by changing the air flow characteristics in order to reduce the pressure force exerted on the vehicle.(24) "Freight" means any item being transported for delivery in a long box-type trailer. Items that remain in the trailer after all freight is delivered are not considered freight. These include items that are used exclusively to secure items being transported in the trailer, protect items being transported in the trailer, load items being transported in the trailer, or repair the tractor or trailer. Items that are not considered freight could include moving blankets, straps, tool kits, and moving dollies.(25) "Fuel tank fairing," also known as a chassis skirt, means a fairing located at the base of the cab between the front wheel of the tractor and the forward-most rear wheel, covering the open space and streamlining the fuel tank.(26) "Good operating condition" means the condition of a HD tractor or box-type trailer that meets the applicable standards in section 95304, Good Operating Condition Requirements, for continued aerodynamic efficiency.(27) "Gross vehicle weight rating" or "GVWR" means the "GVWR" as defined in California Vehicle Code section 350.(28) "Heavy-duty tractor" or "HD tractor" means a class 7 or class 8 motor vehicle designed to pull a semitrailer on a highway by means of a fifth wheel mounted over the rear axle(s).(29) "Highway" means a "highway" as defined in California Vehicle Code section 360.(30) "Integrated sleeper cab roof fairing" means a fairing located on the roof of a sleeper-cab-equipped tractor that extends from the front windshield of the tractor cab to the rear edge of the sleeper cab, with enclosed sides that line up with the sides of the sleeper cab.(31) "Intermodal railyard" means any rail facility where trailers are transferred from drayage tractor to train or vice versa.(32) "Livestock trailer" means a semitrailer designed to transport live animals.(33) "Local-haul base" means the location where a local-haul tractor or local-haul trailer is garaged or from which it is routinely dispatched.(34) "Local-haul tractor" means a HD tractor that travels exclusively within a 100-mile radius of its local-haul base.(35) "Local-haul trailer" means a long box-type trailer that travels exclusively within a 100-mile radius of its local-haul base.(35.1) "Long box-type trailer (Long dry-van trailer and Long refrigerated-van trailer)" means a box-type trailer that is greater than 50.0 feet in length.(36) "Low-rolling-resistance tire" means a tire that is designed to improve fuel efficiency of a tractor pulling a trailer by minimizing its rolling resistance, which consists of the energy lost as heat within the rubber itself, as well as aerodynamic drag of the tire, and friction between the tire and the road and between the tire and the rim when the tire is rolling under load; rolling resistance is expressed as the energy consumed per unit distance as the tire rolls under load.(37) "Military tactical support vehicle" means a "Military Tactical Support Vehicle" as defined in title 13, California Code of Regulations (CCR), section title 13, California Code of Regulations (CCR), section 1905.(38) "Motor carrier" means a "Motor carrier" as defined in California Vehicle Code section 408.(39) "Non-compliant Tractor Pass" means a temporary permit issued by the Executive Officer in accordance with the requirements of section 95305(h) that allows a HD tractor to pull a long box-type trailer on a highway within California without meeting the requirements of sections 95303(a) and 95305(b) for a defined time period not to exceed five consecutive days.(40) "Ocean-going vessel" means a commercial, government, or military vessel meeting any one of the following criteria:(A) A vessel greater than or equal to 400 feet in length overall (LOA) as defined in 50 Code of Federal Regulations (CFR) section 679.2, as adopted June 19, 1996;(B) A vessel greater than or equal to 10,000 gross tons (GT ITC) pursuant to the convention measurement (international system) as defined in 46 CFR sections 69.51 -.61, as adopted September 12, 1989; or(C) A vessel propelled by a marine compression ignition engine with a per-cylinder displacement of greater than or equal to 30 liters.(41) "Open-shoulder tire" means a tire that is constructed such that the two outer tread ribs, located where the tread and sidewalls meet, are separated into individual tread blocks and is designed to improve traction when traveling on mud or snow covered highways.(42)"Owner" of a tractor or trailer means the person or persons registered as the owner of the tractor or trailer by the California Department of Motor Vehicles or its equivalent in another state, province, or country (presumed at the time of any citation to be the person or persons identified as the owner on the registration document or title carried on the vehicle), except in the following circumstances:(A) for a tractor or trailer owned by the federal government and not registered in any state or local jurisdiction, the owner means the branch, agency or other organization within the federal government that operates the tractor or trailer, that is required to maintain accountability for the vehicle, or that is shown by the accountable entity to be responsible for the tractor's or trailer's maintenance.(B) for a leased tractor, the person or persons registered as the owner of the tractor or trailer by the California Department of Motor Vehicles or its equivalent in another state, province, or country (usually the lessor) is the owner for purposes of this subarticle, except that the lessee of the tractor is the owner for purposes of this subarticle if the lessor demonstrates that either the lessor provided the lessee with the following statement on a document separate from the lease agreement, or the lease agreement includes the following statement: "The lessee of this heavy-duty tractor understands that when using a heavy-duty tractor to pull a long box-type trailer on a highway within California, the heavy-duty tractor must be compliant with sections 95300-95312, title 17, California Code of Regulations, and that it is the responsibility of the lessee to ensure this heavy-duty tractor is compliant. The regulations may require this heavy-duty tractor to have low-rolling-resistance tires that are U.S. Environmental Protection Agency (U.S. EPA) SmartWay Verified Technologies prior to current or future use in California, or may entirely prohibit use of this tractor in California if it is a model year 2011 or later tractor and is not a U.S. EPA SmartWay Certified Tractor."
(C) for a leased trailer that is leased prior to January 1, 2013, the person or persons registered as the owner of the tractor or trailer by the California Department of Motor Vehicles or its equivalent in another state, province, or country (usually the lessor) is the owner for purposes of this subarticle, except that the lessee of the trailer is the owner for purposes of this subarticle if both of the following requirements are met:1. The lessor demonstrates that the lessor provided the lessee with actual written notice that clearly informed the lessee about the requirements of this subarticle and about the lessee's obligation under terms of the lease to ensure the trailer complies with those requirements prior to use of the trailer in California. This requirement may be satisfied if either the lessee is provided with the following statement on a document separate from the lease agreement, or the following statement is included in the lease agreement: "The lessee of this box-type trailer understands that when using a heavy-duty tractor to pull a long box-type trailer on a highway within California, the box-type trailer must be compliant with sections 95300-95312, title 17, California Code of Regulations, and that it is the responsibility of the lessee to ensure this box-type trailer is compliant. The regulations may require this trailer to have low-rolling-resistance tires and aerodynamic technologies that are U.S. Environmental Protection Agency SmartWay Verified Technologies prior to current or future use in California."
2. The lessor demonstrates and informs the lessee that either: a. the lease agreement does not prohibit the lessee from modifying the trailer to be compliant with the requirements of this subarticle; orb. the lessor provides a reasonable method to exchange the trailer for one that is compliant with this subarticle.(D) for a leased trailer that is leased on or after January 1, 2013, the person or persons registered as the owner of the tractor or trailer by the California Department of Motor Vehicles or its equivalent in another state, province, or country (usually the lessor) is the owner for purposes of this subarticle, except that the lessee of the trailer is the owner for purposes of this subarticle if either the lessor demonstrates that the lessor provided the lessee with the following statement on a document separate from the lease agreement prior to entering the lease agreement, or the lease agreement includes the following statement: "The lessee of this box-type trailer understands that when using a heavy-duty tractor to pull a long box-type trailer on a highway within California, the box-type trailer must be compliant with sections 95300-95312, title 17, California Code of Regulations,; and that it is the responsibility of the lessee to ensure this box-type trailer is compliant. The regulations may require this trailer to have low-rolling-resistance tires and aerodynamic technologies that are U.S. Environmental Protection Agency SmartWay Verified Technologies prior to current or future use in California."
(E) For purposes of this subarticle, the terms "lease agreement," "leased," "lessor," and "lessee" mean the same as "rental agreement," "rented," "owner of the rented vehicle," and "renter," respectively.(43) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, instrumentality, public corporation, or any other legal or commercial entity.(43.1) "Phase 1 Certified Tractor" means a tractor that has been certified in accordance with either the Greenhouse Gas Emissions Standards and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles, as adopted by the USEPA (76 Fed. Reg. 57106 (September 15, 2011)); or the Greenhouse Gas Emission Requirements for New 2014 and Subsequent Model Heavy-Duty Vehicles, as adopted by the California Air Resources Board, sections 95660 to 95664, Subarticle 12, title 17, California Code of Regulations.(43.2)"Phase 2 Certified Trailer" means a trailer that has been certified by the U.S. Environmental Protection Agency to the CO2 emission standards specified in 40 CFR 1037.107 as it existed on October 25, 2016, which is incorporated by reference herein, or by the California Air Resources Board in accordance with the provisions of section 95663(c), title 17, California Code of Regulations.(44) "Port" means the port property where marine and port terminals are typically located for the loading and unloading of water-borne commerce onto and from ocean-going vessels. Ports covered by this regulation include, but are not limited to, the Port of Long Beach, Port of Los Angeles, Port of Humboldt Bay, Port of San Diego, Port of Hueneme, Port of Oakland, Port of San Francisco, Port of Sacramento, Port of Stockton, Port of Redwood City, Port of Crockett, Port of Richmond, Port of Pittsburg, and the Port of Benicia.(45) "Rear trailer fairing" means a fairing that attaches to the perimeter outer edges of the trailer's rear-facing surface to provide a continuous surface for the air passing over the side and top surfaces of the trailer.(46) "Refrigerated-van trailer" means a rectangular trailer van that has a refrigeration or heating unit built into the front of the trailer to maintain precise temperatures and is designed to haul freight that requires climate control, such as frozen food, fresh produce, hot or warm food, and other perishable items.(47) "Refuse trailer" means a trailer that is used to haul solid waste material. Solid waste includes garbage, construction debris, commercial refuse, and other discarded materials.(48) "Register" means to provide the Executive Officer with the information identified in sections 95306(b) through (f) and sections 95307(b)(3) and 95307(c)(2), as required, by means of TRUCRS.(49) "Relocation Pass" means a temporary permit issued by the Executive Officer in accordance with the requirements of section 95305(f) that allows a local-haul trailer to relocate to either a new local-haul base or to an out-of-state location while hauling freight, or a storage trailer to relocate to a new storage trailer location or to an out-of-state location while hauling freight, without meeting all of the applicable requirements of section 95303(b).(50) "Semitrailer" means a "Semitrailer" as defined in section 550 of the California Vehicle Code.(51) "Shipper" means a person that has possession of freight prior to its transportation. This may include, but is not limited to, owners of freight distribution centers, and temporary freight storage facilities.(52) "Short-haul tractor" means a HD tractor that travels less than 50,000 miles per year, including all miles accrued both inside and outside of California.(53) "Sleeper-cab tractor" means a HD tractor originally manufactured with a tractor body that has a compartment, typically containing a bed, located behind the driving compartment.(54) "Storage trailer" means a trailer that is used for the storage of items at a fixed location.(55) "Storage trailer location" means the street address where a registered storage trailer is used to store items.(56) "Tractor" means a "Truck Tractor" as defined in section 655 of the California Vehicle Code.(57) "Trailer" means a semitrailer.(58)"Transfer of Ownership Pass" means a temporary permit issued by the Executive Officer in accordance with the requirements of section 95305(g) that allows a HD tractor to pull a non-compliant long box-type trailer on a highway within California without meeting all of the applicable requirements of section 95303(b) for the purpose of delivering that trailer from its current location to the transferee's location.(59) "Transport refrigeration unit" or "TRU" means a refrigeration system powered by an integral internal combustion engine designed to control the environment of temperature sensitive products that are transported in refrigerated-van trailers. TRUs may be capable of both cooling and heating.(60) "TRUCRS (Truck Regulation Upload, Compliance, and Reporting System)" is the on-line reporting tool for this subarticle.(61) "U.S. EPA SmartWay Certified Tractor" means a tractor that has been certified or designated by the United States Environmental Protection Agency (U.S. EPA) to meet the technical specifications and requirements of the U.S. EPA SmartWay Transport Partnership Program.(62)"U.S. EPA SmartWay Certified Trailer" means a long box-type trailer that has been certified or designated by the U.S. EPA to meet the technical specifications and requirements of the U.S. EPA SmartWay Transport Partnership Program.(63) "U.S. EPA SmartWay Transport Partnership Program" means the U.S. EPA's voluntary program that is a collaboration between the U.S. EPA and the transportation industry to improve energy efficiency, reduce greenhouse gas and air pollutant emissions, and improve energy security. This program establishes incentives for improving freight movement efficiency and the fuel efficiency of freight moving equipment.(64) "U.S. EPA SmartWay Verified Technology" or "U.S. EPA Smart-Way Verified Technologies" means one or more aerodynamic technologies or low-rolling-resistance tire models that have been identified by the U.S. EPA as meeting the technical specifications and requirements of the U.S. EPA SmartWay Transport Partnership Program.Cal. Code Regs. Tit. 17, § 95302
1. New section filed 12-9-2009; operative 1-1-2010 pursuant to Government Code section 11343.4 (Register 2009, No. 50).
2. Amendment filed 12-12-2011; operative 1-11-2012 (Register 2011, No. 50).
3. New subsections (a)(19.1)-(a)(19.3) and (a)(43.1) and amendment of subsection (a)(53) filed 12-5-2014; operative 12-5-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 49).
4. Editorial correction of HISTORY 3 (Register 2014, No. 50).
5. Repealer of subsections (a)(19.1)-(19.3) filed 7-25-2016; operative 7-25-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 31).
6. New subsections (a)(21.1), (a)(35.1) and (a)(43.2) and amendment of subsections (a)(22), (a)(24), (a)(35), (a)(39), (a)(42)(B), (a)(42)(C)1., (a)(42)(D), (a)(58) and (a)(62) filed 2-7-2019; operative 4-1-2019 (Register 2019, No. 6). Note: Authority cited: Sections 39600, 39601, 38510, 38560 and 38560.5, Health and Safety Code. Reference: Sections 39600, 38560, 38560.5 and 38580, Health and Safety Code.
1. New section filed 12-9-2009; operative 1-1-2010 pursuant to Government Code section 11343.4 (Register 2009, No. 50).
2. Amendment filed 12-12-2011; operative 1-11-2012 (Register 2011, No. 50).
3. New subsections (a)(19.1)-(a)(19.3) and (a)(43.1) and amendment of subsection (a)(53) filed 12-5-2014; operative 1/1/2015 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 49).
4. Editorial correction of History 3 (Register 2014, No. 50).
5. Repealer of subsections (a)(19.1)-(19.3) filed 7-25-2016; operative 7/25/2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 31).
6. New subsections (a)(21.1), (a)(35.1) and (a)(43.2) and amendment of subsections (a)(22), (a)(24), (a)(35), (a)(39), (a)(42)(B), (a)(42)(C)1., (a)(42)(D), (a)(58) and (a)(62) filed 2-7-2019; operative 4/1/2019 (Register 2019, No. 6).