(a) The definitions of this section supplement and are governed by the definitions set forth in Chapter 2 (commencing with section 39010), Part 1, Division 26 of the Health and Safety Code. The following definitions shall govern the provisions of this chapter.
(1) “Authorized dealer” means a group of independent service and repair facilities that are recognized by the motor vehicle or engine manufacturer as being capable of performing repairs to factory specifications; including warranty repair work.
(2) “CARB post-repair inspection” means a repeat emission control system inspection, conducted by the California Air Resources Board at a California Air Resources Board-specified site, for the purpose of clearing a Citation issued under section 2185(a)(1)(C).
(3) “CARB post-repair test” means a repeat test, conducted by the California Air Resources Board at a California Air Resources Board-specified site, for the purpose of clearing a Citation issued under section 2185(a)(1)(C).
(4) “Basic penalty” means the civil penalty of ($500) for a test procedure or emission control system inspection violation that is to be deposited in the Vehicle Inspection and Repair Fund.
(5) “Citation” means a legal notice issued by the California Air Resources Board to the owner of a heavy-duty vehicle requiring the owner to repair the vehicle, to submit a demonstration of correction, and to pay a civil penalty.
(6) “Day” means calendar day.
(7) “Defective” means a condition in which an emission control system or an emission control system component is malfunctioning due to age, wear, malmaintenance, improper installation, or design defects.
(8) “Demonstration of correction” means the documents identified in section 2186.
(9) “Driver” has the same meaning as defined in California Vehicle Code section 305.
(10) “Emission control label (ECL)” means the label required by the “California Motor Vehicle Emission Control Label Specifications”, incorporated by reference in 13 CCR, section 1965, or Title 40, Code of Federal Regulations (CFR), Part 86, Subpart A.
(11) “Emission control system” means the pollution control components on an engine at the time its engine family is certified, including, but not limited to, the emission control label.
(12) “Engine control module (ECM)” means the computer system responsible for providing fuel to the engine and controlling a vehicle's emissions.
(13) “Engine manufacturer diagnostic (EMD) system” means any system certified to meet the requirements of title 13, California Code of Regulations, section 1971.
(14) “Executive Officer” means the Executive Officer of the California Air Resources Board or his or her designee.
(15) “Federal emission standards” means the emission standards adopted by the U.S. Environmental Protection Agency, pursuant to Title 42 United States Code, section 7521(a), that are required to be met for the certification of heavy-duty vehicles or engines.
(16) “Fleet” means two (2) or more heavy-duty vehicles.
(17) “Heavy-duty commercial vehicle” means a “motor truck” designed, used, or maintained primarily for the transportation of property, as defined in section 410 of the California Vehicle Code, and having a gross vehicle weight rating (GVWR) greater than 10,000 pounds.
(18) “Heavy-duty vehicle” means a motor vehicle having a manufacturer's maximum gross vehicle weight rating (GVWR) greater than 6,000 pounds, except passenger cars.
(19) “Implement of husbandry” is a vehicle used exclusively in the conduct of agricultural operations, including vehicles described in California Vehicle Code sections 36000, 36005, and 36015.
(20) “Inspection procedure” means the test procedure specified in section 2182 and the emission control system inspection specified in section 2183.
(21) “Inspection site” means an area including a random roadside location, a weigh station, or a fleet facility used for conducting the heavy-duty vehicle test procedure, emission control system inspection, or both.
(22) “Inspector” means a California Air Resources Board employee with the duty of enforcing Health and Safety Code sections 43701(a) and 44011.6 and title 13, CCR sections 2180 through 2194.
(23) “Interrogation” refers to a thorough examination of any and all relevant digital records for the purposes of the inspection.
(24) “Issuance” means the act of mailing or personally delivering a Citation or Notice of Violation to the owner.
(25) “Minimum penalty” means the ($300) penalty that is to be deposited in the Diesel Emission Reduction Fund pursuant to Health and Safety Code section 44011.6(l).
(26) “Notice of Violation” means a legal notice issued to the owner of a heavy-duty vehicle powered by a diesel engine with a measured smoke opacity exceeding the applicable opacity standard, requiring the owner to repair the vehicle and submit a demonstration of correction.
(27) “Officer” means a uniformed member of the Department of the California Highway Patrol.
(28) On Board Diagnostics (OBD) means any system certified to meet the requirements of title 13, California Code of Regulations, sections 1968.1, 1968.2, 1971.1, or future OBD requirements adopted by the California Air Resources Board.
(29) “Opacity” means the percentage of light obstructed from passage through an exhaust smoke plume.
(30) “Owner” means either (A) the person registered as the owner of a vehicle by the California Department of Motor Vehicles (DMV), or its equivalent in another state, province, or country; or (B) a person shown by the registered owner to be legally responsible for the vehicle's maintenance. The person identified as the owner on the registration document carried on the vehicle at the time a Citation is issued shall be deemed the owner unless that person demonstrates that another person is the owner of the vehicle.
(31) “Payment” means a financial transaction intended as a recompense or restitution by bank check, money order, electronic bank transfer or credit card.
(32) “Removal from service” means the towing and storage of a vehicle under California Vehicle Code section 27159 and under the auspices of the Department of the California Highway Patrol.
(33) “Repair facility” means any place where heavy-duty vehicles are repaired, rebuilt, reconditioned, or in any way maintained for the public at a charge, and fleet maintenance facilities.
(34) “SAE J1667” means Society of Automotive Engineers (SAE) Recommended Practice SAE J1667 “Snap-Acceleration Smoke Test Procedure for Heavy-Duty Diesel Powered Vehicles,” as issued February 1996 (“1996-02”), which is incorporated herein by reference.
(35) “Schoolbus” means the same as defined in California Vehicle Code section 545.
(36) “Smokemeter” means a detection device used to measure the opacity of smoke in percent opacity.
(37) “Specialty farm vehicle” means a vehicle exempted from DMV registration under California Vehicle Code section 36101 or 36102.
(38) “Tampered” means missing, modified, or disconnected, or, as it applies to emission control labels, permanently obscured.
(39) “Test procedures,” for the purpose of chapter 3.5, means the test procedures set forth in SAE J1667.
(40) “Uncleared Citation” means a Citation for which demonstration of correction and, if required, payment of any civil penalty has not been made.
(41) “Verified Diesel Emissions Control Strategy (VDECS)” means a verified diesel emission control strategy or system that has received approval from the Executive Officer according to the “Verification Procedure for In-Use Strategies to Control Emissions from Diesel Engines” in title 13, California Code of Regulations, commencing with section 2700. Level 2 VDECS means the strategy reduces engine diesel particulate matter emissions by between 50 and 84 percent. Level 3 VDECS means the strategy reduces engine particulate matter emissions by 85 percent or greater, or reduces engine emissions to less than or equal to 0.01 grams diesel particulate matter per brake horsepower-hour.
Note: Authority cited: Sections 39600, 39601, 43013, 43701 and 44011.6, Health and Safety Code; and Section 312, Corporations Code. Reference: Sections 39002, 39003, 39010, 39033, 43000, 43013, 43018, 43701 and 44011.6, Health and Safety Code; Sections 410 and 505, Vehicle Code; title 42 United States Code, section 7521(a); and title 40, Code of Federal Regulations Part 86, Subpart A.
3. Amendment filed 5-4-98; operative 5-4-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 19).
4. Amendment of subsections (a)(1)-(2) and (a)(6), new subsection (a)(25), subsection renumbering and amendment of Note filed 3-21-2005; operative 3-21-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 12).
5. New subsections (a)(1), (a)(6), (a)(13), (a)(15) and (a)(33), subsection renumbering, amendment of newly designated subsections (a)(10) and (a)(32) and amendment of Note filed 1-16-2007; operative 2-15-2007 (Register 2007, No. 3).
6. Change without regulatory effect amending subsections (a)(2)-(3), repealing subsection (a)(29) and renumbering subsections filed 5-23-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 21).
7. Amendment of section and Note filed 5-8-2019; operative 7-1-2019 (Register 2019, No. 19).
This database is current through 3/10/23 Register 2023, No. 10.