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§ 2014. In-Use On-Road Heavy-Duty Drayage Trucks: Applicability, Definitions, and Exemptions.

13 CA ADC § 2014Barclays Official California Code of RegulationsEffective: October 1, 2023

Barclays California Code of Regulations
Title 13. Motor Vehicles (Refs & Annos)
Division 3. Air Resources Board
Chapter 1. Motor Vehicle Pollution Control Devices
Article 3.3. Drayage Truck Requirements
Effective: October 1, 2023
13 CCR § 2014
§ 2014. In-Use On-Road Heavy-Duty Drayage Trucks: Applicability, Definitions, and Exemptions.
(a) Applicability. Beginning November 1, 2023, this article applies to owners and operators of on-road heavy-duty drayage trucks that operate at California seaports and intermodal railyards, drayage motor carriers and marine or seaport terminals, intermodal railyards and railyard and seaport authorities that operate in California.
(b) Definitions. The following definitions apply to this article:
“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 drayage trucks and is in fact capable of performing repairs needed to maintain drayage trucks to factory specifications, including performing warranty repair work.
“Beneficial cargo owner” means a cargo owner, the person or entity on whose account the ocean or rail transportation is provided, the person or entity to whom delivery is to be made, a shippers' association, or an ocean or rail transportation intermediary that accepts responsibility for payment of all applicable charges.
“Bill of lading” means a document that states the terms of the contract between a shipper or consignor and a receiver or consignee. It serves as a document of title of the goods shipped, a contract of carriage and a receipt for goods.
“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 drayage motor carrier for compensation. A drayage motor carrier, or person who is an employee or bona fide agent of a drayage 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.
“CARB” means the California Air Resources Board.
“CARB Online System” means the system that drayage truck owners or entities with common ownership or control of drayage trucks shall use to report specified information regarding their drayage trucks to CARB. The CARB Online System is the Truck Regulation Upload Compliance and Reporting System (TRUCRS) and can be found on the CARB Advanced Clean Fleets website at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets.
“Class I railroad” means a railroad that is defined as Class I by the Surface Transportation 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 drayage 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.
“Concrete mixer” means a vehicle that has a permanently affixed unit used to mix concrete or cement.
“Controlling party” means a drayage motor carrier, broker, or entity who directs, or otherwise manages the day-to-day operation of one or more drayage trucks under its common ownership or control to serve its customers or clients.
“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 auto transport” means a vehicle that has permanently affixed equipment that is designed to move other motor vehicles from one location to another.
“Dedicated fuel delivery vehicle” means a vehicle fixed with a tank and pumping equipment, designed to deliver or supply fuel.
“Dedicated use vehicles” means uni-body vehicles that do not have separate tractors and trailers or are vehicles using a power take-off unit, including:
(A) Dedicated auto transports;
(B) Dedicated fuel delivery vehicles;
(C) Concrete mixers;
(D) On-road mobile cranes; and
(E) Vehicles that need power take-off units to operate.
“Dispatch” means providing direction or instruction for routing a vehicle, whether owned or under contract, to specified destinations for specific purposes, including delivering or receiving cargo, property, or goods, or providing a service.
“Drayage motor carrier” means any person or entity, or broker, who contracts with a beneficial cargo owner, ship companies, seaport terminals, intermodal railroads, or others for pick-up and delivery of goods in California with a drayage truck owner, or who dispatches drayage trucks to California seaports and/or intermodal railyards to pick up and/or deliver goods.
“Drayage truck” means any in-use on-road vehicle with a gross vehicle weight rating (GVWR) greater than 26,000 lbs. that is used for transporting cargo, such as containerized, bulk, or break-bulk goods that operates:
(A) On, or transgresses through, California seaport or intermodal railyard property to load, unload, or transport cargo, including empty containers and chassis; or
(B) Off seaport or intermodal railyard property to transport cargo or empty containers or chassis that originated from or is destined for a seaport or intermodal railyard property.
Drayage trucks are not:
(A) Vehicles operating off of seaport or intermodal railyard properties and transporting cargo that originated from a seaport or intermodal railyard property but was off-loaded from the equipment (e.g., a trailer or container) that transported the cargo from the originating seaport or intermodal railyard; or
(B) Vehicles operating off of seaport or intermodal railyard properties and transporting cargo destined for a seaport or intermodal railyard but that will be subsequently transferred into or onto different equipment (e.g., a trailer or container) before being delivered to a seaport or intermodal railyard.
“Drayage truck identification number” means a unique identifier issued to the owner of a drayage truck upon registering in the CARB Online System that corresponds to the drayage truck registered.
“Drayage truck operator” means the driver of a drayage truck or any person, party or entity who controls the operation of a drayage truck at a California seaport or intermodal railyard facility.
“Drayage truck owner” means:
(A) The person registered as the owner of a drayage truck as indicated by the Department of Motor Vehicles (DMV), or its equivalent in another state, province, or country; or the International Registration Plan; or
(B) The lessee of the truck, as indicated on the drayage truck's registration pursuant to California Vehicle Code (CVC) section 4453.5.
“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.
“Executive Officer” means the Executive Officer of the California Air Resources Board or their delegated representative.
“Governmental agency” means any federal, state, or local public agency, or any other public entity with taxing authority.
“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-duty” means a manufacturer's GVWR of greater than 26,000 lbs.
“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.
“Intermodal railyard” means a facility owned or operated by a Class I Railroad that receives both drayage trucks and locomotives.
“Internal combustion engine” means a powertrain 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.
“International registration plan” means a registration reciprocity agreement among states of the United States and provinces of Canada providing for payment of license fees on the basis of total distance operated in all jurisdictions.
“Legacy drayage truck” means a non-zero-emission drayage truck with a 2010 or newer engine model year that was registered in the CARB Online System on or before December 31, 2023.
“Lessee” has the same meaning as in CVC section 371.
“Manufacturer” means any entity or person who manufactures or assembles on-road motor vehicles, or imports such 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 new motor vehicles, but shall not include any dealer with respect to 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 cab and chassis, or other incomplete on-road vehicle for sale in California, or otherwise introduces a new on-road motor vehicle into commerce in California. “Manufacturer” also includes any intermediate- or final-stage manufacturer that completes vehicle assembly prior to the 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.
“Marine or seaport terminals” means wharves, bulkheads, quays, piers, docks and other berthing locations and adjacent storage or adjacent areas and structures associated with the primary movement of cargo or goods from vessel to shore or shore to vessel, including structures that are devoted to receiving, handling, holding, consolidating and loading or delivery of waterborne shipments or passengers, including areas devoted to the maintenance of the terminal or equipment. For the purposes of this article, the term includes but is not limited to production or manufacturing areas, warehouses, storage facilities and private or public businesses or entities located on or surrounded by seaport property.
“Military tactical vehicles” are defined in title 13, California Code of Regulations (CCR), section 1905.
“Minimum useful life” means the minimum time period a vehicle may remain in the CARB Online System as a drayage truck. It is the later of the dates specified in subsection (A) or (B) below, as modified by subsection (C):
(A) Thirteen years commencing from the model year that the engine and emissions control system in a vehicle was first certified for use by CARB or United States Environmental Protection Agency (U.S. EPA); or
(B) The date that the vehicle exceeded 800,000 vehicle miles traveled or 18 years from the model year that the engine and emissions control system of that vehicle was first certified for use by CARB or U.S. EPA (whichever is earlier).
(C) If the vehicle no longer has its originally equipped engine, or the model year of the originally equipped engine is not able to be determined, the model year of the vehicle less one year must be used to determine when the thresholds described in subsections (A) and (B) above are met.
“Mobile crane” means an on-road crane that can hoist, lower and horizontally move a suspended load.
“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 vehicle” means the same as defined in CVC section 415.
“Notice to proceed” means a written direction to a vehicle manufacturer or entity that converts vehicles to zero-emission vehicles to commence production or conversion of a vehicle as provided in a contract.
“On-road” means a vehicle that is designed to be driven on public highways and roadways and that is registered or is capable of being registered by the DMV under CVC section 4000 et seq. or DMV's equivalent in another state, province, or country; or the International Registration Plan. A vehicle covered under CARB's In-Use Off-Road regulations commencing with title 13, CCR, section 2449, is not an on-road vehicle.
“Power take-off unit” means the same as defined in title 13, CCR, section 1968.2.
“Railyard authority” means an entity, either public or private, who is responsible for the operation of an intermodal railyard.
“Railyard property” means the property constituting the physical boundaries of an intermodal railyard. For the purposes of this article, “railyard property” also includes privately owned property located within intermodal railyard boundaries.
“Receiver” means the person, party, or entity who receives shipped goods, cargo, or commodities.
“Repower” means to replace an older engine with a newer model engine.
“Responsible official” means one of the following:
(A) For a corporation: A president, chief executive officer, chief financial officer, secretary, treasurer, or vice president of the corporation in charge of a principal business function, or a delegate, designee, or any other person who performs similar policy or decision-making functions for the corporation.
(B) For a partnership or sole proprietorship: A general partner or the proprietor, the delegate or designee of the aforementioned, or any other person who performs similar policy or decision-making functions for the business, or the chief executive officer, or the chief financial officer.
(C) For a municipality, state, federal, or other governmental agency: Either a principal executive officer or ranking elected official. For the purposes of this article, a principal executive officer of a federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., a Regional Administrator of the U.S. EPA). For the purposes of the Department of Defense Military Services, a principal executive officer includes a commanding officer of an installation, base, or tenant organization.
“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.
“Seaport” means the property where marine and seaport terminals are located for the loading and unloading of water-borne commerce onto and from ocean-going vessels. For purposes of this article, “seaport” does not include seaport property that is not primarily used to engage in water-borne commerce.
“Seaport authority” means an entity, either public or private, who is responsible for the operation of a seaport.
“Seaport property” means publicly or privately owned property where a seaport is located. It is the property that includes the physical boundaries, either contiguous or non-contiguous, of the seaport and may include other properties owned by the seaport. For the purposes of this article, “seaport property” includes privately owned property located within a publicly or privately owned seaport property's boundaries.
“Shipper” means the person, party, or entity who owns or supplies the commodities shipped by a drayage motor carrier.
“Shipping paper” means a shipping order, bill of lading, manifest or other shipping document.
“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.”
“Vehicle” is as defined in CVC section 670.
“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 drayage truck owner or controlling party has placed an order to acquire the legal or equitable title to a zero-emission vehicle or to convert a legacy drayage truck to zero-emission vehicle; 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 zero-emission vehicles, third party, or manufacturer to pay for the vehicle or conversion. A vehicle purchase includes when the drayage truck owner has executed any one of the following:
(A) Identified, committed and encumbered funds and executed a written notice to proceed to a manufacturer, authorized dealer, or entity who converts vehicles to zero-emission vehicles to begin production of the vehicle either:
1. Under a previously entered purchase contract, or
2. To execute a contract option;
(B) A written purchase agreement between a drayage truck owner or controlling party and the manufacturer, authorized dealer, or entity who converts vehicles to zero-emission vehicles that specifies the date when the work to manufacture or convert the vehicle is to proceed;
(C) A written purchase agreement between a drayage truck owner or controlling party and another party for the purchase and immediate delivery of a used vehicle; or
(D) A signed, written lease agreement between a drayage truck owner and the manufacturer or authorized dealer for a new vehicle to be placed in service for a contract term of one year or more.
“Weight class” means the category of a vehicle's GVWR as specified below:
(A) “Class 7” means an on-road vehicle with a GVWR greater than 26,000 lbs. and less than or equal to 33,000 lbs.
(B) “Class 8” means an on-road vehicle with a GVWR greater than 33,000 lbs.
“Zero-emission powertrain” has the same definition as title 13, CCR, section 1956.8(j)(27).
“Zero-emission vehicle” means an on-road vehicle with a zero-emission powertrain that produces zero exhaust emissions of any criteria pollutant (or precursor pollutant) or greenhouse gas under any possible operational modes or conditions.
“Zero-emission vehicle fueling infrastructure” means a fueling system that provides the appropriate fuel type to power a zero-emission vehicle (e.g., electric charging infrastructure or cryogenic fueling tank and dispenser).
(c) Exemptions. The following vehicles are exempt from the requirements of sections 2014, 2014.1, 2014.2 and 2014.3:
(1) Dedicated use vehicles;
(2) Emergency vehicles as defined in CVC section 165;
(3) Military tactical vehicles;
(4) Vehicles subject to the regulation for Mobile Cargo Handling Equipment at Ports and Intermodal Rail Yards commencing with title 13, CCR, section 2479; and
(5) Vehicles operating pursuant to a declared emergency event. Drivers operating legacy drayage trucks under declared emergency events must keep copies of dispatch records and/or contracts verifying such legacy drayage trucks were operated to support emergency operations for five years from when the emergency event was declared. The driver and/or vehicle owner shall make the records available to CARB staff or appropriate California official, such as a California Highway Patrol officer, within 72 hours of a written or verbal request.

Credits

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.
History
1. New article 3.3 (sections 2014-2014.3) and section filed 9-29-2023; operative 10-1-2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 39).
This database is current through 4/5/24 Register 2024, No. 14.
Cal. Admin. Code tit. 13, § 2014, 13 CA ADC § 2014
End of Document