California Construction Trucking Association (CCTA)

To delay retrofit or replacing a single truck, the owner must report by January 31, 2012

CDTOA members have been informed that the CARB board approved major changes to the Rule in December 2010. Since that vote (which resulted in delays for certain construction trucks) months of waiting have yet to produce the fixed target that truck owners must meet – a final rule.

In late May, CARB staff released their final rule proposed language, took public comments, and is expected to have state lawyers review and release the final version of the Rule that diesel truck owners are required to implement very soon. This is the same legal process required of all regulations under the state Administrative Procedures Act. Following up on a March 2011 article encouraging “fleet” (4 or more trucks) truck owners to collect truck and engine data, this month I’m focusing on what single truck owners need to do to report by the January 31, 2012 deadline.

With the Rule now drawing a bright line at 26,000 lbs. gross vehicle weight rating (GWVR), all one truck owners greater than that weight rating need to report by January 31, 2012.  This includes dump trucks whether or not they meet the 20,000 mile per year cap to be considered a “low mileage construction truck.” I recite the Rule references below from the May 2011 “15-day” change language. There may be slight deviations from this language after state legal review (expected in the next few months).

Definitions and Rule References

The following references relating to one truck owners are from the CARB’s 85-page Rule text. Key sections you should understand include:

“Low Mileage Construction Truck” means a vehicle that meets the definition in (A) dump trucks or (B) all other construction type trucks as follows:

• A – a 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.”

Section (p) Low Mileage Construction Truck Compliance Option – In this section, the Rule states that, “A one truck owner with a low-mileage construction truck must meet PM BACT by January 1, 2016.” Also, “Fleet owners using this provision must comply with the reporting and record keeping requirements of sections 2025(r) and (s) beginning January 31, 2012.”

Labeling Requirements for Low Mileage Construction Trucks – 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:

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

CDTOA is working with CARB to provide its members and industry with these stickers.

Buying and Selling Low-mileage construction trucks  – “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.”

Section (h) Small Fleet Compliance Option (for single truck owners that exceed the “Low mileage construction trucks” limit – The Rule states that, “Vehicles within the fleet shall meet PM BACT pursuant to the following schedule: (A) One vehicle by January 1, 2014.”  

Section (r) Reporting Requirements – In order to use the low mileage construction truck extension, the following is required.

Owner Contact Information – Compliance reports must include the following information: Fleet owner’s name, Name of company or agency, Motor carrier identification number, Corporate parent name (if applicable), Corporate parent taxpayer identification 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).

Vehicle Information must include the following information:  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; Vehicle type, including whether the vehicle is a school bus, agricultural vehicle, log truck, truck-tractor, two-engine sweeper, low-mileage construction truck or yard truck;

Additional Dates and Requirements of Interest:

If the vehicle was added after January 1, 2012, the date the vehicle was added otherwise the date first reported;
Date that a vehicle was retired, sold, or scrapped after January1, 2012;

• Whether the vehicle will be designated as a low-use vehicle as defined in section 2025(d)(41);
• Whether the vehicle has been certified as non-operational with the California Department of Motor Vehicles or equivalent documentation from the state, province, or country where the vehicle is registered and whether the vehicle will operate in California.
• Whether the vehicle is a fuel efficient hybrid vehicle
• Whether the vehicle is propelled by an alternative-fueled engine
• Whether the vehicle will use the extension or exemptions for vehicles used exclusively in NOx Exempt Areas in section 2025(p)(1);
• Whether the fleet size is more than three vehicles subject to the regulation with a GVWR greater than 14,000 lbs;
• Whether the vehicle is a log truck utilizing the Optional Phase in for Log Trucks provision in section 2025(m)(12);
• Whether the vehicle is a low-mileage construction truck that will use the extension for low-mileage construction trucks specified in section 2025(p)(2); and
• Whether the vehicle was partially paid for with public funds, and if so, the information about the funding contract specified in section 2025(r)(18).

Source: The CARB website at:  www.arb.ca.gov/msprog/onrdiesel/regulation.htm

Analysis – CDTOA and other industry groups and associations obtained additional life for one truck fleets. In order to avail yourself of additional time to retire or upgrade your truck, you must report on time.

Recommendations – If you have not already, you should have the answers to the “Section r” reporting information concerning the owner, vehicle and engine. CARB staff will inform CDTOA when the states online reporting system is available. Hardcopy forms from CARB will also be available closer to the deadline.

Conclusion – In order to secure an extension of time to retire or upgrade a truck, the one truck owner must report soon. There is no indication that a reporting extension will be granted or that one truck owners who missed the reporting deadline will be given another chance.

Any questions relating to this article, you may contact Sean Edgar at CleanFleets, (916) 718-7050.