Section 95550 - Regulation for Under Inflated Vehicle Tires(a)Purpose. The purpose of this regulation is to reduce greenhouse gas emissions from vehicles operating with under inflated tires by inflating them to the recommended tire pressure rating.(b)Applicability.(1) This regulation applies to all automotive service providers performing or offering to perform automotive maintenance or repair services in California.(2) This regulation does not apply to: (A) auto body and paint facilities;(B) auto glass installers;(C) auto parts distributers or retailers; or(D) auto wreckers or dismantlers.(c)Definitions.(1) "ARB" means the California Air Resources Board.(2) "Auto Body and Paint Facility" means a business that reconstructs, or paints motor vehicles and does not perform or offer to perform automotive maintenance or repair services.(3) "Auto Glass Installer" is a business that repairs or replaces damaged automotive windshields and windows and does not perform or offer to perform automotive maintenance or repair services.(4) "Auto Parts Distributer or Retailer" is a business that sells replacement parts or performance accessories for cars, trucks, vans and sport utility vehicles and does not perform or offer to perform automotive maintenance or repair services.(5) "Auto Wrecker or Dismantler" means an automobile dismantler, as defined in section 220 of the Vehicle Code and does not perform or offer to perform automotive maintenance or repair services.(6) "Automotive Maintenance or Repair Services" includes, but is not limited to, the performance of any automotive diagnostics of or repairs made to a motor vehicle.(7) "Automotive Service Provider (ASP)" is any business, or government or private vehicle fleet maintenance provider that performs or offers to perform automotive maintenance or repair services (including, but not limited to, automotive dealerships, maintenance or repair garages, government or publicly maintained or operated fleets, oil change facilities, tire centers, and smog check facilities).(8) "Gross Vehicle Weight Rating (GVWR)" shall have the same meaning as defined in Vehicle Code Section 350.(9) "Recommended Tire Pressure Rating" is the specification recommended by the vehicle manufacturer. The vehicle manufacturer's recommended tire pressure rating specifications can be found on the vehicle's door placard, glove box door, or owner's manual. If the vehicle manufacturer's recommended tire pressure rating is not available or the vehicle is equipped with a tire not meeting the vehicle manufacturer's tire specifications for that vehicle, then Recommended Tire Pressure Rating shall mean the Tire Inflation Reference.(10) "Tire Inflation Reference" is any industry recognized resource, book or electronic, that contains tire pressure inflation specifications for original equipment tires and wheels and non-original equipment sized tires and wheels.(11) "Tire Pressure Gauge" means a device that is capable of measuring the air pressure of passenger vehicle tires.(12) "Total Permissible Error" means the allowable accuracy error indicated by the total difference in the true value and the indicated value during measurement.(13) "Under Inflated Tire" means a tire that is one pound per square inch (psi) or more below the recommended tire pressure rating.(14) "Unsafe Tire" means any tire considered unsafe in accordance with standard industry practices, due to tire tread wear, age, tread irregularity, or damage. Examples include any tire with exposed ply or cord, sidewall crack, bulge, knot, or ply separation.(15) "Vehicle Fleet" is one or more vehicles that is owned, leased, or managed as a unit within or by a business or government agency.(16) "Vehicle Service Invoice" is a document issued by the ASP to the customer in the normal course of business that identifies all service repairs performed by the ASP, as well as the associated costs, and is maintained by the ASP as provided in subsection (d).(17) "Vehicle Tires" means the operating tires on the vehicle.(d)Requirements and Compliance Deadlines. Automotive service providers must meet the following requirements:(1) By September 1, 2010, all automotive service providers are required to: (A) check and inflate each vehicle's tires to the recommended tire pressure rating, with air or nitrogen, as appropriate, at the time of performing any automotive maintenance or repair service; and(B) indicate on the vehicle service invoice that a tire inflation service was completed and the tire pressure measurements after the services were performed; and(C) perform the tire pressure service using a tire pressure gauge with a total permissible error no greater than + two (2) pounds per square inch (psi); and(D) have access to a Tire Inflation Reference that is current within three years of publication; and(E) keep a copy of the vehicle service invoice for a minimum of three years, and make the vehicle service invoice available to ARB, or its authorized representative upon request.(2) Notwithstanding subsection (d)(1), an automotive service provider need not meet the requirements set out therein if the automotive service provider is performing only a free check and inflate service at the customer's request.(3) Notwithstanding subsection (d)(1)(A), an automotive service provider need not perform the check and inflate service if: (A) the tires are on a vehicle with a GVWR over 10,000 lbs.; or(B) the tires are determined by the automotive service provider to be unsafe, as defined in subsection (c)(14); or(C) the customer declines the check and inflate service pursuant to subsection (d)(5).(4) Customers with vehicle tires inflated with nitrogen gas are subject to the requirements in subsection (d)(1)(A-E), but may refuse the inflation portion of the service if a nitrogen inflation system is not available at the time of the service.(5) A customer may decline the check and inflate service if the customer affirms one of the following: (A) He or she has performed (or had performed) a tire pressure check and inflate service within the last 30 days, or(B) He or she will perform (or will have performed) a tire pressure check and inflate service within the next 7 days.(6) If a tire inflation service was not performed as provided in subsections (d)(3)-(5), the automotive service provider must indicate on the vehicle service invoice why the service was not completed.(e)Penalties and Injunctions.(1)Penalties. Penalties may be assessed for any violation of this article pursuant to Health and Safety Code section 38580. Each day during any portion of which a violation occurs is a separate offense.(2)Injunctions. Any violation of this article may be enjoined pursuant to Health and Safety Code section 41513.(f)Relationship To Other Law. Nothing in this section allows automotive service providers to operate in violation of other applicable laws, including but not limited to: (1) California Vehicle Code.(2) Health and Safety Code.(3) Business and Professions Code.(4) any other applicable law, ordinance, rule or requirement as stringent as, or more stringent than the requirements in section (d) of this regulation.(g)Severability. If any subsection, paragraph, subparagraph, sentence, clause, phrase, or portion of this regulation is, for any reason, held invalid, unconstitutional, or unenforceable by any court of competent jurisdiction, such portion will be deemed as a separate, distinct, and independent provision, and such holding will not affect the validity of the remaining portions of the regulation.Cal. Code Regs. Tit. 17, § 95550
1. New subarticle 8 (section 95550) and section filed 8-30-2010; operative 9-1-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 36). Note: Authority cited: Sections 38510, 38560, 39600 and 39601, Health and Safety Code. Reference: Sections 38510, 38560 and 39600, Health and Safety Code.
1. New subarticle 8 (section 95550) and section filed 8-30-2010; operative 9-1-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 36).