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§ 2185. Civil Penalty Schedule.

13 CA ADC § 2185Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 13. Motor Vehicles (Refs & Annos)
Division 3. Air Resources Board
Chapter 3.5. Heavy-Duty Diesel Smoke Emission Testing, and Heavy-Duty Vehicle Emission Control System Inspections
13 CCR § 2185
§ 2185. Civil Penalty Schedule.
Currentness
(a) The owner of a heavy-duty vehicle that fails the test procedure or the emission controls system inspection, including by refusal to submit, is subject to the following penalty schedule:
(1) Heavy-Duty Vehicle Opacity and Tampering Penalties for Violating Sections 2182 and 2183(a) and (b), Except for Violations Involving a Tampered ECL.
(A) Except as provided below, the owner of a heavy-duty vehicle, that is cited for the first time pursuant to section 2182 or 2183 (a) and (b), other than for a tampered ECL, and for which demonstration of correction is provided and payment is made within 45 days from personal or certified mail receipt of the Citation, shall pay the minimum penalty of $300. An owner who fails to correct the vehicle or pay the minimum penalty within 45 days of receipt of the Citation shall be assessed a penalty of $800.
(B) The above penalty shall not apply to the first Citation received by an owner of a school bus, but the owner shall be subject to the penalty provisions of paragraphs 2185(a)(1)(A) and (C) respectively for second and any subsequent violations. A second violation shall be subject to the penalty in section 2185(a)(1)(A) and any subsequent violations shall be subject to the penalty in section 2185(a)(1)(C).
(C) The owner of a vehicle that is cited pursuant to section 2182 or 2183(a) and (b), other than for a tampered ECL, for a second time within a 12 month period for the same vehicle shall within 45 days from personal or certified mail receipt of the current Citation provide demonstration of correction and pay the penalty of $1,500 and the minimum penalty of $300 for a total of $1,800, notwithstanding section 2185(b).
(D) The owner of an implement of husbandry or specialty farm vehicle cited pursuant to section 2182 or 2183(a) and (b), other than for a tampered ECL, shall have 90 days from personal or certified mail receipt of the Citation to provide a demonstration of correction and is otherwise subject to the same penalty structure as all other heavy-duty vehicles as specified under section 2185(a)(1)(A) and section 2185(a)(1)(C).
(2) Penalties for a Tampered ECL under section 2183
The owner of a vehicle with a tampered ECL shall receive a Citation assessing the owner a $300 penalty. The penalty shall only be waived if, at the time of inspection, the owner provides other documentation from the engine manufacturer or an authorized dealer that demonstrates compliance with section 2183(c), and provided the ECL is replaced within 45 days. The documentation shall identify the engine by serial number.
(3) Penalties for Violations of Section 2183(c). The owner of a heavy-duty commercial vehicle that is cited for a violation of section 2183(c) shall be subject to the following penalties:
(A) The owner shall be subject to a penalty of $500 for each violation.
(B) For the purposes of section 2185(a)(3), it shall be presumed that a heavy-duty commercial vehicle with a tampered ECL is not in compliance with section 2183(c) and is subject to a $500 penalty for each violation in addition to the penalties provided for under section 2185(a)(2). If the owner demonstrates to CARB that a new ECL has been affixed to the vehicle's engine within 45-days of receipt of the Citation, pursuant to section 2186(a)(3) below, and the ECL demonstrates that the vehicle's engine was designed to at least meet U.S. EPA promulgated emission standards for the year of the engine's manufacture, the penalty for violation of section 2183(c) shall be waived.
(b) When a heavy-duty vehicle is cited after a bona fide change of ownership between non-related persons or entities, the new owner shall not be subject to the penalty schedule in section 2185(a)(1)(A) and (C) if the only Citations issued for the vehicle within the previous 12 months were issued prior to the change of ownership to the new owner.

Credits

Note: Authority cited: Sections 39600, 39601, 43013, 43016, 43701 and 44011.6, Health and Safety Code. Reference: Sections 39002, 39003, 39010, 39033, 43000, 43013, 43016, 43018, 43701 and 44011.6, Health and Safety Code; and Sections 305, 505 and 545, Vehicle Code.
History
1. New section filed 10-21-91; operative 11-20-91 (Register 92, No. 9).
2. Amendment filed 5-4-98; operative 5-4-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 19).
3. Amendment filed 3-21-2005; operative 3-21-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 12).
4. Change without regulatory effect amending subsection (a)(1)(B) filed 8-8-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 32).
5. Amendment of section and Note filed 1-16-2007; operative 2-15-2007 (Register 2007, No. 3).
6. Change without regulatory effect amending section filed 5-23-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 21).
7. Amendment filed 5-8-2019; operative 7-1-2019 (Register 2019, No. 19).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 13, § 2185, 13 CA ADC § 2185
End of Document