Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Notice to
Submit to Testing. The owner of a vehicle passing through a roadside emissions
monitoring device that meets at least one of the criteria specified in section
2196.5(a) shall
receive a Notice to Submit to Testing. The owner shall be provided 30 calendar
days to submit the applicable demonstration of compliance as specified in
section 2198.2(f).
Failure to provide the applicable demonstration of compliance by the provided
due date may result in a violation.
(b) Violations.
(1) Citations. Any violation of the
requirements specified in this HD I/M Regulation may result in the direct
issuance of citation and penalties. The registered owner, vehicle operator,
freight contractor, or other entity that receives a citation shall have 45
calendar days, or 75 calendar days for owners of agricultural vehicles, to
submit the applicable demonstration of compliance as specified in section
2198.2(f) and any
applicable penalties. Citation and penalties may also be assessed for the
following:
(A) Refusals. The refusal by an
owner or driver of a vehicle to do any of the following items shall constitute
a failure of the inspection or applicable test procedures conducted during an
inspection, and may result in applicable penalties.
1. Refusal to submit to an inspection or any
applicable tests during an in-person field inspection as specified in section
2198.1(a).
2. Refusal to submit to a referee inspection
as specified in section
2196.7.
(2) Submittal of Fraudulent Data.
The submittal of fraudulent data to the electronic reporting system shall be
considered a violation of this HD I/M Regulation.
(c) Audits.
(1) Records. Upon request from CARB, entities
subject to the recordkeeping requirements specified in section
2197.3 shall make records
available for the purposes of auditing.
(2) Inspections. Upon written request from
CARB, the owner of a vehicle subject to the requirements of this HD I/M
Regulation shall make their vehicle available for inspection at a predetermined
date and location.
(d)
Penalties. Any person or entity who fails to comply with the requirements of
this HD I/M Regulation, who fails to submit any information or report
accurately and correctly as required by this HD I/M Regulation, or who submits
any false statement or representation in any application, report, statement, or
other document filed, maintained, or used for the purposes of compliance with
this HD I/M Regulation may be subject to penalties under Health and Safety
Code, Division 26, Parts 2 and 5. Evidence of fault on the part of the
registered owner, vehicle operator, freight contractor, or other entity shall
not be considered a mitigating circumstance for assessing penalties.
(e) Transfer of Ownership. When a heavy-duty
vehicle undergoes a bona fide transfer of ownership between non-related persons
or entities, the new owner shall not be subject to penalties for any unresolved
citations if the previous owner or the new owner submits sufficient evidence to
establish that the penalties resulted from citations issued by CARB prior to
the transfer of ownership.
(f)
Demonstration of Compliance. Upon issuance of a Notice to Submit to Testing or
a citation, the Executive Officer may request additional documentation to serve
as evidence to prove compliance. The requested documentation may include one or
more of the following items:
(1)
Documentation of a successful OBD test pursuant to a testing method specified
in section
2196.3(a).
(2) Documentation of a successful SAE J1667
smoke test pursuant to section
2196.4(a).
(3) Documentation of a completed vehicle
emissions control equipment inspection specified in section
2198.
(4) If a repair facility repaired the vehicle
at issue, a repair invoice or a completed work order that contains the
following information:
(A) Name, address, and
phone number of the facility.
(B)
Name of mechanic or technician.
(C)
Date of the repair.
(D) Description
of component replacement(s), repair(s), or adjustment(s).
(E) Itemized list of replaced component(s),
including description of part, part number, and cost.
(F) Vehicle information including the
vehicle's engine serial number, vehicle identification number, or vehicle
license plate.
(5) If
the owner made their own repairs to the vehicle at issue:
(A) An itemized receipt for the parts used in
the repair.
(B) A statement
identifying the date, nature of the repairs made, and vehicle information
including vehicle's engine serial number, vehicle identification number, and
vehicle license plate.
(6) Proof of reporting or a valid HD I/M
compliance certificate.
(7)
Statement of Correctness. Statement attesting that submission of data is true
and correct.
(g)
Vehicles Removed from Service.
(1) Vehicles
found to be in violation of this HD I/M Regulation are subject to removal from
service by the Department of the California Highway Patrol pursuant to
California Vehicle Code section
27159 if
requested by a CARB inspector, and if one or more unresolved citations issued
under section
2198.2(b)(1)
exist at the time of inspection.
(2) Upon payment of all unpaid penalties for
a vehicle that has been removed from service, CARB shall provide the owner, or
designee, a release form for presentation to the Department of the California
Highway Patrol.
(3) The release of
the vehicle shall be subject to the condition that it be repaired and
post-repair tested or inspected within 15 calendar days.
(h) Administrative Remedies.
(1) The owner or operator of a vehicle cited
for a violation of this HD I/M Regulation may request an administrative
hearing.
(2) If the owner or
operator requests an administrative hearing, CARB shall determine, based on the
issues and the amount at issue, as applicable, whether the hearing shall be
conducted pursuant to California Code of Regulations, title 17, sections
60055.1 et seq, 60065.1 et seq., or 60075.1 et seq. The owner and operator
shall follow the designated administrative process.
(i) Right of Entry. CARB staff, persons
acting at the direction of CARB, and peace officers shall have the right to
enter or request information from facilities or sites when CARB determines it
necessary to verify compliance with the requirements specified in this HD I/M
Regulation where:
(1) ROBD devices subject to
the requirements of this HD I/M Regulation are located or ROBD device records
subject to the requirements of this HD I/M Regulation are located for the
purpose of inspections of the ROBD devices themselves or their
records.
(2) Vehicles subject to
this HD I/M Regulation are operated, stored, tested, or repaired for the
purpose of performing vehicle inspections.
(3) Maintenance or test records are kept for
vehicles that are subject to the requirements of this HD I/M Regulation for the
purpose of performing audits and investigations.
(4) Freight contractor and broker records are
kept, pursuant to section
2197.3(b), for
the purpose of verification of proper recordkeeping on behalf of the freight
contractor or broker.
(5)
Applicable freight facility records are kept, pursuant to section
2197.3(d), for
the purpose of verification of proper recordkeeping on behalf of the applicable
freight facility.
1. New section
filed 10-5-2022; operative 1-1-2023 (Register 2022, No.
40).
Note: Authority cited: Sections
39002,
39003,
39600,
39601,
43000,
43008.6,
43013,
43016,
43018,
43701,
44011.6
and
44152,
Health and Safety Code; and Sections
2813,
24019,
27153,
27158.1,
21758.2 and
27159,
Vehicle Code. Reference: Sections 39674, 39675, 42400, 42400.1, 42400.2,
42402.2, 42400.3.5, 42410, 43008.6, 43016 and 44152, Health and Safety Code;
and Sections
2813,
24019,
27153,
27156,
27158.1,
21758.2 and
27159,
Vehicle Code.
