(a) For each vehicle subject to the requirements of this HD I/M Regulation, the vehicle owner shall:
(1) Maintain compliance with the HD I/M Regulation as specified in section 2196.1.
(2) Retain the necessary documentation regarding the current hiring freight contractor or broker in the vehicle, as specified in section 2197.3(e).
(3) Not operate any 1974 or newer vehicle in California unless it meets emissions standards at least as stringent as applicable federal emissions standards for the model year of the engine as specified by a properly installed and legible emission control label.
(4) Not operate any vehicle in California with tampered or defective emission control components.
(5) Not operate any vehicle in California with improperly installed or applied aftermarket parts as determined by the aftermarket parts label and Executive Order.
(b) The vehicle owner or designee shall attest in the electronic reporting system the complete list of vehicles for which they are responsible, as specified in section 2197.2(b)(3).
(c) If a vehicle is operating pursuant to an Executive Order or Emergency Declaration by the Governor of California, the vehicle owner and operator shall ensure copies of dispatch records and other supporting documentation verifying the vehicle is being used to support emergency operations for a specified time are retained and provided to CARB staff, inspectors, or peace officers as specified in section 2197.3(f).
(d) Five-Day Pass. Prior to operating in California, a vehicle owner may obtain written approval from the Executive Officer to operate a vehicle for up to five consecutive calendar days without being subject to the requirements of section 2196(a)(1) and (a)(2).
(1) Vehicle owners are eligible to apply for a Five-Day Pass prior to travelling to California once per calendar year per vehicle. The vehicle owner shall submit an application for a Five-Day Pass to the Executive Officer at least seven business days prior to the vehicle's planned travel or entry in California that includes the information specified in section 2197.2(g).
(A) The Executive Officer shall notify the owner of a determination of their request within five (5) business days and may issue a Five-Day Pass provided the owner has no outstanding enforcement actions and the vehicle has not been issued a Five-Day Pass within the last year.
(2) The owner shall keep the Five-Day Pass in the vehicle, in a location that is accessible to be able to present during inspections, at all times, while operating in California during the specified time frame.
(e) Upon request from CARB staff, inspectors, or peace officers, the vehicle operator shall present a valid temporary operating permit or Five-Day Pass, if applicable, for the vehicle under inspection and documentation of the hiring entity, if any, as specified in subsection (a).
Credits
Note: Authority cited: Sections 39002, 39003, 39600, 39601, 43000, 43013, 43018, 43701, 44011.6 and 44152, Health and Safety Code; and Sections 27158.1 and 27158.2, Vehicle Code. Reference: Section 44152, Health and Safety Code; and Sections 27158.1 and 27158.2, Vehicle Code.
