Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Various sections of this HD I/M
Regulation require affected entities to adhere to recordkeeping requirements
and provide records to CARB upon request. Such requirements are described in
this section. Unless otherwise specified, affected entities shall retain the
specified records for a minimum of five years from date of entry, and shall
provide them to CARB staff, inspectors, or peace officers within 72 hours of
official written or oral request.
(b) Freight contractors shall retain the
following records at the business location:
(1) For each heavy-duty vehicle subject to
this HD I/M Regulation that is contracted by the freight contractor, the
freight contractor shall keep the documentation described below:
(A) A copy of the vehicle's HD I/M compliance
certificate, valid at the time of dispatch, for each vehicle dispatched to,
from, or within California; or
(B)
An Affirmation of Fleet Wide Compliance for the fleet dispatching vehicles to
California to which the vehicle belongs. The Affirmation of Fleet Wide
Compliance shall be:
1. Obtained prior to any
contract requiring dispatch to California; and
2. Dated within 12 months of the date the
vehicle is contracted by the freight contractor.
(2) Records of transactions and
agreements between shippers, receivers, brokers, and motor carriers requiring
the operation of heavy-duty vehicles in California. Documentation shall include
all the following information:
(A) The
shipper or receiver initiating the transaction requiring transport.
(B) The motor carrier or broker who hired or
dispatched the vehicle.
(C) The
vehicle dispatched.
(c) Brokers, as specified in section
2197, shall retain the following
records for each motor carrier or vehicle owner brokered with, for the purpose
of transporting freight to, from, or within California resulting from a
contractual agreement with the broker:
(1)
Verification of compliance, either in the form of:
(A) A copy of the vehicle's HD I/M compliance
certificate, valid at the time of dispatch, for each vehicle dispatched to,
from, or within California; or
(B)
An Affirmation of Fleet Wide Compliance for a fleet dispatching vehicles to,
from, or within California, which shall be:
1.
Obtained prior to any contract requiring dispatch to, from, or within
California; and,
2. Dated within 12
months of the date the vehicle is contracted by the Broker.
(2) Dispatching motor
carrier:
(A) Business name of dispatching
motor carrier.
(B) Contact
name.
(C) Street address, city,
state, zip code of the dispatching motor carrier.
(D) Phone number of the dispatching motor
carrier.
(d)
Applicable freight facilities shall retain the following records:
(1) For each calendar year, the applicable
freight facility must retain a document attesting the following:
(A) The requirement the applicable freight
facility intends to comply with, as outlined in section
2197(c)(1),
2197(c)(2), or
2197(d), for the
duration of the calendar year.
(B)
The date the attestation was made.
(2) For applicable freight facilities
choosing the compliance option outlined in section
2197(c)(2),
maintain the following records for each vehicle for which compliance has not
been verified:
(A) Dispatching motor carrier:
1. Entity name of dispatching motor
carrier.
2. Contact name.
3. Street address, city, state, zip code of
the dispatching motor carrier.
4.
Phone number of the dispatching motor carrier.
5. Bill of lading, load tender, or any other
tracking number linked to the specific load.
(B) Heavy-duty vehicle information:
1. Entry date and time.
2. Registered owner's name.
3. Operator's name.
4. License plate number and state of
issuance.
5. VIN.
(e) Drivers
and vehicle owners of heavy-duty vehicles operating for commercial purposes
within California, shall ensure that the following forms of documentation are
available in the vehicle. Drivers or vehicle owners shall provide the following
forms of documentation to CARB staff, inspectors, or peace officers immediately
upon request:
(1) Documentation relating to
the current hiring freight contractor or broker, including
(A) Entity name.
(B) Contact name.
(C) Contact phone number and email
address.
(D) Street address, city,
state, zip code of the hiring entity.
(E) Copy of contract for the specific load
carried by the driver.
(f) Drivers and vehicle owners of heavy-duty
vehicles operating under an exemption pursuant to a declared emergency, as
specified in section
2195(c) of this
HD I/M Regulation, shall retain documentation that establishes that the vehicle
is being used in support of emergency operations.
(g) ROBD device vendors granted certification
by CARB to use ROBD devices as part of this HD I/M Regulation shall meet the
record keeping requirements specified in California Standards for Heavy-Duty
Remote On-board Diagnostic Devices Part III, section E.
1. New section
filed 10-5-2022; operative 1-1-2023 (Register 2022, No.
40).
Note: Authority cited: Sections 39002, 39003, 39600, 39601,
43000, 43013, 43018, 43701, 44011.6 and 44152, Health and Safety Code; and
Section 27153, Vehicle Code. Reference: Section 44152, Health and Safety
Code.
