California Code of Regulations
Title 13 - Motor Vehicles
Division 3 - Air Resources Board
Chapter 3.7 - Heavy-Duty Vehicle Inspection and Maintenance Program
Section 2196.1 - HD I/M Compliance and Registration

Universal Citation: 13 CA Code of Regs 2196.1

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

(a) A vehicle owner shall demonstrate compliance with the HD I/M Regulation as specified in section 2196.1(b)(1) through (b)(5).

(1) Upon a transfer of ownership or registration in California, the new owner shall demonstrate compliance by ensuring the requirements of section 2196.1(b)(1) through (b)(5) have been met for the vehicle within the last 90 calendar days in advance of the transfer date. For example, if a new owner takes ownership of a vehicle on June 1, the new owner shall ensure vehicle compliance was demonstrated between March 3 and June 1.

(2) Upon transfer of ownership of a new motor vehicle as defined in Health and Safety Code section 39042 to an ultimate purchaser, the new owner shall demonstrate compliance within 30 calendar days of the vehicle purchase by meeting the requirements of section 2196.1(b)(1) through (b)(5), with the exception of (b)(3).

(3) For the purposes of this HD I/M Regulation, the following conditions would not constitute a transfer of ownership:
(A) A motor vehicle registered to a sole proprietor is transferred to the proprietor as owner.

(B) The transfer is between companies the principal business of which is leasing motor vehicles, if there is no change in the lessee or operator of the motor vehicle or between the lessor and the person who has been, for at least one year, the lessee's operator of the motor vehicle.

(C) The transfer is between the lessor and lessee of the motor vehicle, if there is no change in the lessee or operator of the motor vehicle.

(D) An additional individual is added as a registered owner of the motor vehicle.

(b) The Executive Officer shall deem a vehicle compliant within 72 hours with the HD I/M Regulation upon finding all the following conditions are met:

(1) The owner has paid to CARB the compliance fee as specified in subsection (f).

(2) The owner has reported to CARB the owner and vehicle information required under section 2197.2(b).

(3) The owner has demonstrated compliance with the periodic vehicle emission testing requirements by submitting a passing compliance test as specified in section 2196.2.

(4) The owner has no outstanding enforcement actions on the vehicle in question.

(5) The owner has no outstanding emissions or OBD-related recalls on the vehicle in question.

(c) The Executive Officer may deem a vehicle compliant if the referee identifies inspection incompatibilities or other technical issues that cannot be resolved.

(d) A vehicle subject to this HD I/M Regulation shall be subject to the periodic vehicle emission testing requirements specified in section 2196.2 according to the frequencies specified below.

(1) Motor homes registered in California and agricultural vehicles shall be subject to an annual compliance deadline.

(2) For the first three years of periodic vehicle emission testing requirements specified in section 2196.2, all vehicles other than those specified in (1) shall be subject to semi-annual compliance deadlines.

(3) Three years following the effective date of periodic vehicle emission testing requirements specified in section 2196.2, an OBD-equipped vehicle other than those specified in (1) shall be subject to quarterly compliance deadlines.

(e) If a vehicle owner demonstrates vehicle compliance within 90 calendar days or less of the vehicle's immediate upcoming compliance deadline, the Executive Officer shall deem a vehicle compliant with the HD I/M Regulation up to the vehicle's subsequent compliance deadline as long as the additional conditions specified in section 2196.1(b) are met. For example, if an owner of a vehicle with a semi-annual compliance deadline demonstrates compliance between March 3 and May 31 in advance of a June 1 immediate upcoming compliance deadline, the vehicle shall be deemed compliant with the HD I/M Regulation up to and including December 1.

(1) If a vehicle owner demonstrates vehicle compliance more than 90 calendar days before the vehicle's immediate upcoming compliance deadline, the Executive Officer shall deem a vehicle compliant with the HD I/M Regulation up to the vehicle's immediate upcoming compliance deadline as long as the additional conditions specified in section 2196.1(b) are met. For example, if an owner demonstrates compliance before March 3 in advance of a June 1 immediate upcoming compliance deadline, the vehicle shall be deemed compliant with the HD I/M Regulation up to and including June 1.

(f) Compliance Fee. The Executive Officer shall assess a compliance fee of $30.00 to the vehicle owner for each registered vehicle prior to the first demonstration of compliance for a vehicle in a given compliance year. The Executive Officer shall adjust the compliance fee annually based on the California Consumer Price Index (CCPI) as updated by the Department of Industrial Relations and shall publish the adjusted compliance fee by July 1st of each year on CARB's website.

(g) The Executive Officer shall notify the DMV a vehicle has been deemed compliant by CARB with the HD I/M Regulation for registration purposes if compliance with section 2196.1(b)(1) through (b)(5) has been demonstrated for the vehicle within 90 calendar days in advance of the registration date. The Executive Officer shall not request DMV to verify compliance with the HD I/M Regulation for vehicle registration purposes under the conditions specified in section 2196.1(a)(2) and (a)(3) above.

(h) CARB may publicly disclose the compliance status of vehicles operating in California.

1. New section filed 10-5-2022; operative 1-1-2023 (Register 2022, No. 40).

Note: Authority cited: Sections 39600, 39601, 43000, 43013, 43018, 43701, 44011.6, 44152 and 44154, Health and Safety Code; and Section 4000.17, Vehicle Code. Reference: Sections 39042, 44152 and 44154, Health and Safety Code; and Section 4000.17, Vehicle Code.

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