California Code of Regulations
Title 13 - Motor Vehicles
Division 3 - Air Resources Board
Chapter 9 - Off-Road Vehicles and Engines Pollution Control Devices
Article 8 - Off-Road Airborne Toxic Control Measures
Section 2477.18 - Prohibitions

Universal Citation: 13 CA Code of Regs 2477.18

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

(a) Except as allowed under section 2477.14(b), no person, including, but not limited to, manufacturers, distributors, dealers, auctioneers, and motor carriers shall intentionally or negligently import, deliver, purchase, receive, or otherwise acquire a new or used TRU or TRU gen set engine that does not meet the requirements or alternatives set forth in sections 2477.5(a), (b), (c), and (d) above.

(b) Except as allowed under section 2477.14(b), no person in this State, including, but not limited to, manufacturers, distributors, dealers, auctioneers, and motor carriers shall sell, or offer to sell, to an ultimate purchaser who is a resident of this State or a person that could reasonably be expected to do business in this State a new or used TRU or TRU gen set engine that does not meet the requirements or alternatives set forth in sections 2477.5(a), (b), (c), and (d) above.

(1) If a noncompliant TRU or TRU gen set is sold to a person who is a resident outside this State, then the bill of sale shall disclose to the buyer that the TRU or TRU gen set is not compliant for use in California and the TRU or TRU gen set shall meet the requirements of section 2477.5 before operating in the State, and must be reported to CARB. The following statement shall be included in the bill of sale of any noncompliant TRU or TRU gen set: "This TRU does not currently meet California's requirements under title 13, California Code of Regulations, section 2477.5, and is therefore not compliant for use in California."

(2) No owner of a TRU that is equipped with an Alternative Technology under section 2477.5(c)(3) (e.g., hybrid electric or electric standby) shall sell the TRU or TRU gen set, without disclosing in writing that it shall be used in a way that qualifies it as an Alternative Technology in accordance with section 2477.5(c)(3) in order to be compliant.

(c) No person in this State, including, but not limited to, manufacturers, distributors, dealers, and carriers shall lease, offer to lease, rent, or offer to rent, in this state any new or used TRU or TRU gen set engine that does not meet the requirements or alternatives set forth in sections 2477.5(a), (b), (c), and (d) above.

(d) Operators of affected facilities and operators of affected TRUs and TRU gen sets are prohibited from taking action to divert affected TRUs to alternative staging areas in order to circumvent the requirements of this section.

1. Renumbering and amendment of section 2477(g) and its subdivisions to new section 2477.18 filed 10-15-2012; operative 10-15-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 42).
2. Amendment of section and 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.

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