Cal. Code Regs. tit. 17 § 95303

Current through Register 2024 Notice Reg. No. 25, June 21, 2024

Section 95303 - Requirements and Compliance Deadlines

(a)Tractor Requirements.

(1) Except as provided in section 95305, Exemptions, beginning January 1, 2010, no 2011 through 2013 model year sleeper-cab tractor pulling a long box-type trailer shall operate on a highway within California unless such tractor is either:

(A) a U.S. EPA SmartWay Certified Tractor, or

(B) a U.S. EPA SmartWay Certified Tractor that has been modified provided:

1. the modification is necessary for the tractor to perform its designed job function,

2. there is no reasonable alternative to the modification that would involve or require a lesser degree of modifications to the tractor, and

3. the Executive Officer has previously approved the modification.

a. An applicant requesting an exemption pursuant to section 95303(a)(1)(B) must submit information to the Executive Officer that describes the proposed modification(s), the need therefor, and the absence or lack of reasonable alternatives to the modification. Such information includes, without limitation, engineering drawings, blueprints, schematics, scientific or technical articles, contract specifications, etc.

b. The Executive Officer will approve or disapprove a request for an exemption pursuant to section 95303(a)(1)(B) upon information submitted by an applicant as specified in section 95303(a)(1)(B)3.a. and good engineering judgment.

(2) Except as provided in section 95305, Exemptions, beginning January 1, 2010, no 2011 through 2013 model year HD tractor, including but not limited to sleeper-cab HD tractors, pulling a long box-type trailer shall operate on a highway within California unless such tractor's tires are U.S. EPA SmartWay Verified Technologies.

(3) Except as provided in section 95305, Exemptions, beginning January 1, 2013, no 2010 or previous model year HD tractor, pulling a long box-type trailer shall operate on a highway within California unless such tractor's tires are U.S. EPA SmartWay Verified Technologies.

(b)Trailer Requirements.

(1)2011 and Subsequent Model Year Dry-Van Trailer Requirements. Except as provided in section 95305, Exemptions, beginning January 1, 2010, no 2011 or subsequent model-year long dry-van trailer shall travel on a highway within California unless such trailer is either:

(A) a U.S. EPA SmartWay Certified Trailer, or

(B) a Phase 2 certified trailer, or

(C) equipped with both:

1. tires that are either U.S. EPA SmartWay Verified Technologies, or tires with a rolling resistance of 5.1 kilogram/tonne (i.e., kilogram per metric ton) or lower as determined by the test procedures specified in 40 CFR 1037.515(b), as it existed on Oct. 25, 2016, which is incorporated by reference herein, or in section 95663(d) title 17, California Code of Regulations; and

2. a dry-van trailer aerodynamic technology or combination of technologies that is either

a. a U.S. EPA SmartWay Verified Technology or combination of U.S. EPA SmartWay Verified Technologies that has been demonstrated to the U.S. EPA to meet or exceed a 5 percent fuel savings in accordance with the requirements defined by the U.S. EPA SmartWay Partnership Program, or

b. a U.S. EPA SmartWay Verified Technology or combination of U.S. EPA SmartWay Verified Technologies that met the criteria defined in section 95303(b)(1)(C)2.a., but has been modified in any manner from the U.S. EPA SmartWay Verified Technology configurations. Only modifications that are required to enable a particular SmartWay technology to be installed on a trailer are allowed. Such modifications must not significantly increase the aerodynamic drag of the base, unmodified SmartWay verified configuration, and the modifications may only be used if prior written approval is obtained from the Executive Officer. The Executive Officer will base his or her approval on information submitted that describes the modification, the need therefor, and any test data or other information that demonstrates the proposed modifications would not significantly increase the aerodynamic drag of the SmartWay verified configuration, and on good engineering judgment, or

c. an aerodynamic device or combination of devices for which the device manufacturer has obtained a preliminary approval for the measured performance of the device on such trailer, in accordance with the provisions of 40 CFR 1037.211, as it existed on Oct. 25, 2016, which is incorporated by reference herein, or in section 95663(d) title 17, California Code of Regulations, and that measured performance is equal to or greater than 0.40 (delta CdA in square meters), or

d. an aerodynamic device or combination of devices for which the device manufacturer has obtained a preliminary approval for the measured performance of the device that met the criteria defined in section 95303(b)(1)(C)2.c., but has been modified in any manner from the approved configuration. Only modifications that are required to enable a particular device to be installed on a trailer are allowed. Such modifications must not significantly increase the aerodynamic drag of the base, unmodified approved configuration, and the modifications may only be used if prior written approval is obtained from the Executive Officer. The Executive Officer will base his or her approval on information submitted that describes the modification, the need therefor, and any test data or other information that demonstrates the proposed modifications would not significantly increase the aerodynamic drag of the approved configuration, and on good engineering judgment.

(2)2011 and Subsequent Model Year Refrigerated-Van Trailer Requirements.

Except as provided in section 95305, Exemptions, beginning January 1, 2010, no 2011 or subsequent model year long refrigerated-van trailer shall travel on a highway within California unless such trailer is either:

(A) a U.S. EPA SmartWay Certified Trailer, or

(B) a Phase 2 certified trailer, or

(C) equipped with both:

1. tires that are either U.S. EPA SmartWay Verified Technologies, or tires with a rolling resistance of 5.1 kilogram/tonne (i.e., kilogram per metric ton) or lower as determined by the test procedures specified in 40 CFR 1037.515(b), as it existed on October 25, 2016, or in section 95663(d) title 17, California Code of Regulations; and

2. a dry-van trailer or refrigerated-van trailer aerodynamic technology or combination of technologies that is either

a. a U.S. EPA SmartWay Verified Technology or combination of U.S. EPA SmartWay Verified Technologies that has been demonstrated to the U.S. EPA to meet or exceed a 4 percent fuel savings in accordance with the requirements defined by the U.S. EPA SmartWay Partnership Program, or

b. a U.S. EPA SmartWay Verified Technology or combination of U.S. EPA SmartWay Verified Technologies that met the criteria defined in section 95303(b)(2)(C)2.a., but has been modified in any manner from the U.S. EPA SmartWay Verified Technology configurations. Only modifications that are required to enable a particular SmartWay technology to be installed on a trailer are allowed. Such modifications must not significantly increase the aerodynamic drag of the base, unmodified SmartWay verified configuration, and the modifications may only be used if prior written approval is obtained from the Executive Officer. The Executive Officer will base his or her approval on information submitted that describes the modification, the need therefor, and any test data or other information that demonstrates the proposed modifications would not significantly increase the aerodynamic drag of the SmartWay verified configuration, and on good engineering judgment, or

(3)2010 or Previous Model Year Dry-Van and Refrigerated-Van Trailer Requirements.

Except as provided in section 95305, Exemptions, a 2010 or previous model year long box-type trailer pulled by a HD tractor may not travel on a highway within California unless all of the following requirements are met by the compliance dates specified.

(A) By January 1, 2017, a 2010 or previous model year long box-type trailer not identified in section 95303(b)(3)(F) must be equipped with tires that are U.S. EPA SmartWay Verified Technologies.

(B) By January 1, 2013, a 2010 or previous model year long dry-van trailer that is not participating in an optional trailer fleet compliance schedule as defined in section 95307, Optional Trailer Fleet Compliance Schedules, must either be

1. a U.S. EPA SmartWay Certified Trailer, or

2. equipped with a dry-van trailer aerodynamic technology or combination of technologies that is either

b. a U.S. EPA SmartWay Verified Technology or combination of U.S. EPA SmartWay Verified Technologies that met the criteria defined in section 95303(b)(3)(B)2.a., but has been modified in any manner from the U.S. EPA SmartWay Verified Technology configurations. Only modifications that are required to enable a particular SmartWay technology to be installed on a trailer are allowed. Such modifications must not significantly increase the aerodynamic drag of the base, unmodified SmartWay verified configuration, and the modifications may only be used if prior written approval is obtained from the Executive Officer. The Executive Officer will base his or her approval on information submitted that describes the modification, the need therefor, and any test data or other information that demonstrates the proposed modifications would not significantly increase the aerodynamic drag of the SmartWay verified configuration, and on good engineering judgment.

(C) By January 1, 2013, a 2010 or previous model year long refrigerated-van trailer that is not participating in an optional trailer fleet compliance schedule as defined in section 95307, Optional Trailer Fleet Compliance Schedules, and not identified in section 95303(b)(3)(F), must either be

1. a U.S. EPA SmartWay Certified Trailer, or

2. equipped with a dry-van or refrigerated-van trailer aerodynamic technology or combination of technologies that is either

b. a U.S. EPA SmartWay Verified Technology or combination of U.S. EPA SmartWay Verified Technologies that met the criteria defined in section 95303(b)(3)(C)2.a., but has been modified in any manner from the U.S. EPA SmartWay Verified Technology configurations. Only modifications that are required to enable a particular SmartWay technology to be installed on a trailer are allowed. Such modifications must not significantly increase the aerodynamic drag of the base, unmodified SmartWay verified configuration, and the modifications may only be used if prior written approval is obtained from the Executive Officer. The Executive Officer will base his or her approval on information submitted that describes the modification, the need therefor, and any test data or other information that demonstrates the proposed modifications would not significantly increase the aerodynamic drag of the SmartWay verified configuration, and on good engineering judgment.

(D) For dry-van trailers participating in an optional trailer fleet compliance schedule as defined in section 95307, Optional Trailer Fleet Compliance Schedules, a 2010 or previous model year long dry-van trailer must either meet the requirements defined in section 95303(b)(3)(B)1. or the requirements defined in section 95303(b)(3)(B)2. by the applicable compliance dates in section 95307, Optional Trailer Fleet Compliance Schedules.

(E) For refrigerated-van trailers participating in an optional trailer fleet compliance schedule as defined in section 95307, Optional Trailer Fleet Compliance Schedules, a 2010 or previous model year long refrigerated-van trailer must either meet the requirements defined in section 95303(b)(3)(C)1. or the requirements defined in section 95303(b)(3)(C)2. by the applicable compliance dates in section 95307, Optional Trailer Fleet Compliance Schedules.

(F) A 2003 through 2009 model year long refrigerated-van trailer equipped with 2003 or subsequent model year transport refrigeration unit engine must be equipped with tires that are U.S. EPA SmartWay Verified Technologies and either meet the requirements defined in section 95303(b)(3)(C)1. or the requirements defined in section 95303(b)(3)(C)2. by:

1. January 1, 2018 for a 2003 or 2004 model year trailer

2. January 1, 2019 for a 2005 or 2006 model year trailer

3. January 1, 2020 for a 2007, 2008, or 2009 model year trailer

(4)Interim Requirements for 2018 and 2019 Model Year Long Dry-Van and Long Refrigerated- Van Trailers

In lieu of meeting the requirements defined in section 95303(b)(1)(C) 2. for dry-van trailers and 95303 (b)(2)(C)2. for refrigerated van trailers, a 2018 or 2019 MY dry-van or refrigerated-van trailer may be equipped with:

(A) a trailer aerodynamic device or combination of devices that when installed on the trailer would result in a delta CdA value relative to a baseline trailer equal to or greater than 0.40 (delta CdA in square meters), as determined in accordance with the methodology described in 40 CFR 1037.526 as it existed on October 25, 2016, which is incorporated by reference herein. The device or combination of devices may only be used if prior written approval is obtained from the Executive Officer. The Executive Officer will base his or her approval on information submitted that describes the test methodology, test results, and on good engineering judgment.

(B) Or, an aerodynamic device or combination of devices that met the criteria defined in section 95303(b)(4)(A), but has been modified in any manner from the approved configuration. Only modifications that are required to enable a particular device to be installed on a trailer are allowed. Such modifications must not significantly increase the aerodynamic drag of the base, unmodified approved configuration, and the modifications may only be used if prior written approval is obtained from the Executive Officer. The Executive Officer will base his or her approval on information submitted that describes the modification, the need therefor, and any test data or other information that demonstrates the proposed modifications would not significantly increase the aerodynamic drag of the approved configuration, and on good engineering judgment.

(c)Requirements for Drivers.

(1) A driver may not operate a HD tractor to pull a long box-type trailer on a highway within California unless both the tractor and the trailer:

(A) comply with the applicable requirements and compliance deadlines set forth in sections 95303(a) and 95303(b); and

(B) are in good operating condition as defined in section 95304, Good Operating Condition Requirements.

(2) A driver must, upon request, provide the following information to authorized enforcement personnel identified in section 95308:

(A) driver's license;

(B) vehicle odometer reading, if the tractor is an exempt short-haul tractor;

(C) tractor registration;

(D) trailer registration;

(E) origin of freight;

(F) destination of freight;

(G) if dispatched by a motor carrier, the motor carrier information set forth in section 95303(g)(1)(B);

(H) if dispatched by a broker, the broker information set forth in section 95303(f)(1)(B);

(I) if operating a drayage tractor that is exempt pursuant to the requirements of section 95305(d), documentation indicating the port or intermodal railyard of origin or destination, as applicable; and

(J) if operating a HD tractor pulling a long box-type trailer that is operating under either a Relocation Pass pursuant to section 95305(f), Transfer of Ownership Pass pursuant to section 95305(g), or Non-compliant Tractor Pass pursuant to section 95305(h), the pass approval number, as applicable.

(3) A driver of a HD tractor pulling a long box-type trailer that is exempt pursuant to section 95305 (l) must, upon request, allow authorized enforcement personnel to directly view the inside of the trailer.

(4) A driver shall not operate a HD tractor to pull a long box-type trailer on a highway within California if the tractor or the trailer has aerodynamic technologies that are not deployed or not in their operational configuration.

(d)Requirements for Owners of HD Tractors.

(1) An owner of a HD tractor may not use or cause to be used a HD tractor to pull a long box-type trailer on a highway within California unless both the HD tractor and the box-type trailer:

(A) comply with the applicable requirements and compliance deadlines set forth in sections 95303(a) and 95303(b); and

(B) are in good operating condition as defined in section 95304, Good Operating Condition Requirements.

(e)Requirements for Owners of Box-Type Trailers.

(1) An owner of a long box-type trailer must ensure that the long box-type trailer will not be pulled by a HD tractor on a highway within California unless the long box-type trailer:

(A) complies with the requirements and compliance deadlines set forth in section 95303(b); and

(B) is in good operating condition as defined in section 95304, Good Operating Condition Requirements.

(2) An owner of one or more 2010 or previous model year long box-type trailers that are subject to the requirements of section 95303(b)(3) may elect to follow an alternative compliance schedule, if applicable. Owners that choose to follow an alternative compliance schedule must meet the requirements of section 95307, Optional Trailer Fleet Compliance Schedules.

(f)Requirements for California-based Brokers.

(1) A California-based broker must:

(A) only dispatch a HD tractor or a long box-type trailer for travel on a highway within California if the tractor or trailer complies with the applicable operating requirements and compliance deadlines set forth in sections 95303(a) and 95303(b);

(B) provide the following information to a dispatched driver who will be traveling on a highway within California:

1. broker's business name;

2. broker's street address, state, zip code;

3. broker contact person's name; and

4. broker contact person's business phone number.

(g)Requirements for Motor Carriers.

(1) A motor carrier must:

(B) provide the following information to a dispatched driver who will be traveling on a highway within California:

1. motor carrier's business name;

2. motor carrier's street address, state, zip code;

3. motor carrier contact person's name; and

4. motor carrier contact person's business phone number.

(h)Requirements for California-based Shippers.

(1) A California-based shipper must not ship freight from its California facility or facilities in a long box-type trailer pulled by a HD tractor on a highway within California unless the HD tractor and the long box-type trailer comply with the operating requirements and compliance deadlines set forth in sections 95303(a) and 95303(b).

(i)Requirements for California-licensed Vehicle Dealers.

(1) Any California-licensed vehicle dealer selling a HD tractor or 53-foot or longer box-type trailer subject to this regulation must provide the buyer with the following disclosure in writing:

"A heavy-duty tractor and long box-type trailer operated in California may be subject to the Heavy-Duty Vehicle Greenhouse Gas Emission Reduction Regulation set forth under sections 95300 - 95312, title 17, California Code of Regulations. These vehicles may be required to use low-rolling-resistance tires and meet aerodynamic equipment requirements to reduce greenhouse gas emissions."

Cal. Code Regs. Tit. 17, § 95303

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. Amendment of subsections (a)(1) and (a)(2) 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. Amendment 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. Amendment of subsections (a)(1) and (a)(2) 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. Amendment filed 2-7-2019; operative 4/1/2019 (Register 2019, No. 6).