(a) Notice to Submit to Testing. The owner of a vehicle passing through a roadside emissions monitoring device that meets at least one of the criteria specified in section 2196.5(a) shall receive a Notice to Submit to Testing. The owner shall be provided 30 calendar days to submit the applicable demonstration of compliance as specified in section 2198.2(f). Failure to provide the applicable demonstration of compliance by the provided due date may result in a violation.
(b) Violations.
(1) Citations. Any violation of the requirements specified in this HD I/M Regulation may result in the direct issuance of citation and penalties. The registered owner, vehicle operator, freight contractor, or other entity that receives a citation shall have 45 calendar days, or 75 calendar days for owners of agricultural vehicles, to submit the applicable demonstration of compliance as specified in section 2198.2(f) and any applicable penalties. Citation and penalties may also be assessed for the following:
(A) Refusals. The refusal by an owner or driver of a vehicle to do any of the following items shall constitute a failure of the inspection or applicable test procedures conducted during an inspection, and may result in applicable penalties.
1. Refusal to submit to an inspection or any applicable tests during an in-person field inspection as specified in section 2198.1(a).
2. Refusal to submit to a referee inspection as specified in section 2196.7.
(2) Submittal of Fraudulent Data. The submittal of fraudulent data to the electronic reporting system shall be considered a violation of this HD I/M Regulation.
(c) Audits.
(1) Records. Upon request from CARB, entities subject to the recordkeeping requirements specified in section 2197.3 shall make records available for the purposes of auditing.
(2) Inspections. Upon written request from CARB, the owner of a vehicle subject to the requirements of this HD I/M Regulation shall make their vehicle available for inspection at a predetermined date and location.
(d) Penalties. Any person or entity who fails to comply with the requirements of this HD I/M Regulation, who fails to submit any information or report accurately and correctly as required by this HD I/M Regulation, or who submits any false statement or representation in any application, report, statement, or other document filed, maintained, or used for the purposes of compliance with this HD I/M Regulation may be subject to penalties under Health and Safety Code, Division 26, Parts 2 and 5. Evidence of fault on the part of the registered owner, vehicle operator, freight contractor, or other entity shall not be considered a mitigating circumstance for assessing penalties.
(e) Transfer of Ownership. When a heavy-duty vehicle undergoes a bona fide transfer of ownership between non-related persons or entities, the new owner shall not be subject to penalties for any unresolved citations if the previous owner or the new owner submits sufficient evidence to establish that the penalties resulted from citations issued by CARB prior to the transfer of ownership.
(f) Demonstration of Compliance. Upon issuance of a Notice to Submit to Testing or a citation, the Executive Officer may request additional documentation to serve as evidence to prove compliance. The requested documentation may include one or more of the following items:
(1) Documentation of a successful OBD test pursuant to a testing method specified in section 2196.3(a).
(2) Documentation of a successful SAE J1667 smoke test pursuant to section 2196.4(a).
(3) Documentation of a completed vehicle emissions control equipment inspection specified in section 2198.
(4) If a repair facility repaired the vehicle at issue, a repair invoice or a completed work order that contains the following information:
(A) Name, address, and phone number of the facility.
(B) Name of mechanic or technician.
(C) Date of the repair.
(D) Description of component replacement(s), repair(s), or adjustment(s).
(E) Itemized list of replaced component(s), including description of part, part number, and cost.
(F) Vehicle information including the vehicle's engine serial number, vehicle identification number, or vehicle license plate.
(5) If the owner made their own repairs to the vehicle at issue:
(A) An itemized receipt for the parts used in the repair.
(B) A statement identifying the date, nature of the repairs made, and vehicle information including vehicle's engine serial number, vehicle identification number, and vehicle license plate.
(6) Proof of reporting or a valid HD I/M compliance certificate.
(7) Statement of Correctness. Statement attesting that submission of data is true and correct.
(g) Vehicles Removed from Service.
(1) Vehicles found to be in violation of this HD I/M Regulation are subject to removal from service by the Department of the California Highway Patrol pursuant to California Vehicle Code section 27159 if requested by a CARB inspector, and if one or more unresolved citations issued under section 2198.2(b)(1) exist at the time of inspection.
(2) Upon payment of all unpaid penalties for a vehicle that has been removed from service, CARB shall provide the owner, or designee, a release form for presentation to the Department of the California Highway Patrol.
(3) The release of the vehicle shall be subject to the condition that it be repaired and post-repair tested or inspected within 15 calendar days.
(h) Administrative Remedies.
(1) The owner or operator of a vehicle cited for a violation of this HD I/M Regulation may request an administrative hearing.
(2) If the owner or operator requests an administrative hearing, CARB shall determine, based on the issues and the amount at issue, as applicable, whether the hearing shall be conducted pursuant to California Code of Regulations, title 17, sections 60055.1 et seq., 60065.1 et seq., or 60075.1 et seq. The owner and operator shall follow the designated administrative process.
(i) Right of Entry. CARB staff, persons acting at the direction of CARB, and peace officers shall have the right to enter or request information from facilities or sites when CARB determines it necessary to verify compliance with the requirements specified in this HD I/M Regulation where:
(1) ROBD devices subject to the requirements of this HD I/M Regulation are located or ROBD device records subject to the requirements of this HD I/M Regulation are located for the purpose of inspections of the ROBD devices themselves or their records.
(2) Vehicles subject to this HD I/M Regulation are operated, stored, tested, or repaired for the purpose of performing vehicle inspections.
(3) Maintenance or test records are kept for vehicles that are subject to the requirements of this HD I/M Regulation for the purpose of performing audits and investigations.
(4) Freight contractor and broker records are kept, pursuant to section 2197.3(b), for the purpose of verification of proper recordkeeping on behalf of the freight contractor or broker.
(5) Applicable freight facility records are kept, pursuant to section 2197.3(d), for the purpose of verification of proper recordkeeping on behalf of the applicable freight facility.
Credits
Note: Authority cited: Sections 39002, 39003, 39600, 39601, 43000, 43008.6, 43013, 43016, 43018, 43701, 44011.6 and 44152, Health and Safety Code; and Sections 2813, 24019, 27153, 27158.1, 21758.2 and 27159, Vehicle Code. Reference: Sections 39674, 39675, 42400, 42400.1, 42400.2, 42402.2, 42400.3.5, 42410, 43008.6, 43016 and 44152, Health and Safety Code; and Sections 2813, 24019, 27153, 27156, 27158.1, 21758.2 and 27159, Vehicle Code.
