Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Dealers that sell or install TRUs, TRU
gen sets, ZE truck TRUs, or replacement engines in California shall:
(1) Pass the registration information
document provided by the TRU or TRU gen set OEM (under section
2477.13) or print-out from the
OEM's web-based look-up system (under section
2477.13(e)(2)(D)
or 2477.13(e)(3)(D))
to the ultimate purchaser upon sale of a new TRU, TRU gen set, or ZE truck TRU
that includes the TRU, TRU gen set, or ZE truck TRU unit information and the
TRU engine information required for registration under section
2477.5(g).
(2) Pass the registration information
document provided by the TRU or TRU gen set OEM under (section
2477.13) or print-out from the
OEM's web-based look-up system (under section
2477.13(e)(2)(D)
or 2477.13(e)(3)(D)),
or engine rebuilder (under section
2477.16) to the ultimate purchaser
upon sale of a new replacement engine, or rebuilt replacement engine that
includes the engine information required for registration under section
2477.5(g).
(3) If an engine is not supplied by a TRU
OEM, the dealer shall provide a registration information document that lists
all of the TRU or TRU gen set engine information needed to report to CARB under
section 2477.20(f)(7).
This information shall be exactly the same as the information on the engine
emissions label that is attached to the engine. The registration information
document shall include a certification statement by the dealer stating that the
engine information provided is exactly the same as listed on the engine
emissions label.
(b)
Dealers that sell TRUs or TRU gen sets from businesses located in California
may purchase, receive, or otherwise acquire and have in their possession, TRUs
or TRU gen sets that are noncompliant with the requirements of section
2477.5(a), (b), (c), (d), and
(g) if the following conditions are met:
(1) The noncompliant TRUs or TRU gen sets are
not sold for use in California prior to being brought into compliance with the
requirements;
(2) The noncompliant
TRU or TRU gen set is sold to a person that would not be reasonably expected to
do business in California and a written disclosure to the buyer in the bill of
sale is required in accordance with section
2477.18(b)(1);
(3) The noncompliant TRUs or TRU gen sets are
not rented or leased prior to being brought into compliance with these
requirements;
(4) The noncompliant
TRUs or TRU gen sets are not operated at the dealers place of business or on
California highways for the purposes of controlling the environment of
temperature sensitive products while in California. This condition applies to
TRU or TRU gen sets under the dealer's control. This condition does not apply
to TRUs or TRU gen sets owned by others that are being repaired by the dealer;
and
(5) If a noncompliant TRU or
TRU gen set is in transit on California highways:
(A) The TRU or TRU gen set shall not be
operating;
(B) The dealer shall be
responsible for ensuring that no temperature-sensitive products are transported
in the vehicle;
(C) The dealer
shall provide the driver with written evidence that the noncompliant TRU or TRU
gen set is under the control of the dealer, including the following
information:
1. Dealer's business
name;
2. Dealer's street address,
state, zip code;
3. Dealer contact
person's name;
4. Dealer contact
person's business phone number;
5.
Date(s) transport will take place;
6. Statement of the reason for transporting
the noncompliant equipment
7. TRU
or TRU gen set serial number
8.
Physical address of starting location;
9. Physical address of ending location;
and
10. Dealer owner's or
responsible official's signature, after the statement: "I certify under penalty
of perjury under the laws of the State of California that the information
provided is true, accurate, and complete."
(D) During transit on California highways,
the driver, upon request, must show an inspector that no temperature-sensitive
products are being transported and shall present written evidence provided by
the dealer that the noncompliant TRU or TRU gen set is under the control of a
dealer; and
(E) All circumstances
at the time of inspection shall be consistent with the requirements under
section 2477.14(b)(5).
1. New
section filed 10-15-2012; operative 10-15-2012 pursuant to Government Code
section
11343.4
(Register 2012, No. 42).
2. Amendment of subsections (a)-(a)(3),
repealer of subsection (a)(4), amendment of subsections (b) and (b)(5)(D) and
amendment of NOTE filed 7-18-2022; operative 10-1-2022 (Register 2022, No.
29).
Note: Authority cited: Sections
39600,
39601,
39618,
39658,
39659,
39666,
39667,
43013,
43018
and
43019.1,
Health and Safety Code. Reference: Sections 39618, 39650, 39658, 39659, 39666,
39667, 39674, 39675, 42400, 42400.1, 42400.2, 42400.3.5, 42402, 42402.2, 42410,
43013, 43018 and 43019.1, Health and Safety
Code.
