California Construction Trucking Association (CCTA)

Registration by January 31, 2012 is needed for truck owners seeking more time to comply

On November 10, 2011, CARB staff released the final Truck & Bus Rule language that is expected to clear the final legal hurdle by state lawyers by December 14. Until further notice CDTOA member truck owners should plan to comply with the initial deadline to register their diesel trucks by the end of January to secure more time to comply with the diesel particulate matter (PM) upgrade required by the Rule. This association linked with others to obtain delays for fleets of one to three trucks and those with dump trucks and other construction trucks. Until they are notified to the contrary, CARB indicates that it plans to fully implement the Rule so knowing what qualifies as a low-mileage construction truck and what records and reports are required will avoid surprises later.

Final Rule Language and References

The following references relate to fleets of one to three trucks and those with low-mileage construction trucks and are found at the following link: http://www.arb.ca.gov/regact/2010/truckbus10/tbfro.pdf

Small Fleet Compliance Option

There is really no change in this final language from that approved by CARB in December 2010. In lieu of initially complying with the engine model year schedule set forth in Table 2 of the Rule (i.e. the one that specifies the end date for each engine in a truck greater than 26,000 lbs. GVWR), a fleet of one to three vehicles with a GVWR greater than 14,000 lbs. may alternatively comply with the phase-in schedule to meet PM BACT (i.e. a filter on a 2006 or older engine, or a 2007 or newer engine that came from the factory with a filter) as specified below for the vehicles in the fleet with a GVWR greater than 26,000 lbs. Fleets must comply with the record keeping requirements starting January 1, 2012 and must meet the reporting requirements as specified below to utilize this option.

(1) Vehicles within the fleet shall meet PM BACT pursuant to the following schedule:

(A) One vehicle by January 1, 2014

(B) Two vehicles by January 1, 2015

(C) Three vehicles by January 1, 2016

(2) Vehicles that meet PM BACT are exempt from meeting the 2010 model year emissions equivalent engine requirements until January 1, 2020.

Low-Mileage Construction Truck

The only change in this final language is the addition of the word "dump" to the language that was approved by CARB in December 2010. This truck type means a vehicle that meets the definition in (A) or (B) as follows:

(A) A dump truck with a GVWR greater than 26,000 lbs. that operates less than 20,000 miles per calendar year and is designed to transport construction materials such as dirt, asphalt, rock or construction debris including a transfer truck, or a tractor trailer combination used exclusively to pull bottom dump, end dump or side dump trailers, or

(B) A truck with a GVWR greater than 26,000 lbs. that travels less than 15,000 miles per calendar year and is a concrete mixer truck, truck with a concrete placing boom, a water tank truck, a single engine crane with a load rating of 35 tons or more, a tractor that exclusively pulls a low-boy trailer, or a truck owned by a company that holds a valid license issued by the California Contractors State License Board.

Best Practices to Implement the Final Rule CleanFleets recommends:

1. Collect truck and engine data and report to CARB's online Truck and Bus Upload and Compliance Reporting System (TRUCRS) by January 31, 2012

(see www.arb.ca.gov/msprog/onrdiesel/reportinginfo.htm). For a fee of $99 per truck CleanFleets can complete the report for you, obtain the Certificate of Reported Compliance and provide a written and insured analysis of the required steps to comply with the PM deadline.

2. Every truck should have a copy of the Certificate of Reported Compliance with the In-Use On-Road Diesel Vehicle Regulation for each fleet owner in every vehicle

3. Because "any California resident who operates or directs the operation shall verify" any time you call for trucking then you should obtain the truck owners Certificate

4. Ensure accurate mileage tracking is in place by December 31, 2011. This is important with our without taking the "low mileage construction truck" time extension if applicable.

Reporting for Small Fleets

For fleets using the phase-in options for one to three truck fleets, the fleet owner must provide:

• Fleet owner's name,
• Name of company or agency,
• Motor carrier identification number,
• Corporate parent name (if applicable),
• Corporate parent taxpayer ID number (if applicable),
• Company taxpayer identification number,
• Street address and mailing address,
• Name of responsible person,
• Title of responsible person,
• Contact name,
• Contact telephone number,
• Contact email address (if available), and
• License number issued by the Public Utilities Commission (if applicable).

Also the following information is required on all vehicles in the fleet:

Vehicle identification number, Vehicle manufacturer, Vehicle model, Gross vehicle weight rating, Vehicle model year, License plate number, the state, providence, or country where the vehicle is or was registered and type of registration plate, Engine manufacturer, Engine model, Engine family for all 1974 model year and newer engines, Fuel type, Engine model year, and whether the engine meets an on-road or off-road emissions standard.

A data collection template can be downloaded from the CDTOA website at: www.cdtoa.org/news/carbconsultant

Requirements for Low-Mileage Construction Trucks

Because a fleet owner using this extension is limited in annual miles from January 1, 2012 forward, the accurate and auditable mileage records should be available within five days of a request by CARB. CDTOA member should verify that a working odometer is present on each vehicle, and if not they should purchase and install the following approved alternative:

• "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.
• The Stemco brand hubodometer should be evaluated and ensuring it is in place by the end of this year can function instead of an odometer.

1. By January 31, 2012, fleet owners must affix or paint an identification label on up to ten low-mileage construction trucks and within thirty days after notification that any additional trucks have been approved as follows:

a. The letters CT shall be white block lettering on a black background. Both letters shall be at least three inches high on a five by eight inch background.

b. The label shall be located on the left and right door of the vehicle and be in clear view at all times.

A low-mileage construction truck that has been approved for the extension may be replaced by another truck and continue to qualify for the extension if the replacement truck has a 1996 model year or newer engine, and the miles traveled after it is placed in service combined with the miles traveled by the original vehicle stays below the annual mileage threshold. The replacement vehicle must be placed in service within one year of removing the original vehicle from the fleet or by the next compliance date, whichever is longer.

Low-mileage construction truck exemptions are not transferrable except with appropriate documentation of a change of business form approved by the Executive Officer such as sole proprietorship to partnership, partnership to corporation, mergers or acquisitions of the entire company and fleet of vehicles, or for changes such as from estate tax or inheritance tax planning.

Conclusion

The CARB Truck & Bus Rule will require fleet owners to report as noted above.

CleanFleets is positioned to support the reporting needs of CDTOA members, feel free to give us a call or ask questions about this article.

Sean Edgar - (916) 718-7050

Jared Yamasaki - (916) 739-1139