Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(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.
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).
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.
