Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The definitions
in Section
1900(b), chapter
1, title 13 of the California Code of Regulations (CCR) apply to these
procedures with the following additions:
(1)
"Diesel" means a type of engine with operating characteristics significantly
similar to the theoretical Diesel combustion cycle. The non-use of a throttle
during normal operation is indicative of a diesel engine.
(2) "Day cab" means a type of tractor cab
that is not a sleeper cab or a heavy-haul tractor cab.
(3) "Deteriorated emission level" means the
emission level that results from applying the appropriate deterioration factor
to the official emission result of the emission-data vehicle. Note that where
no deterioration factor applies, references in this part to the deteriorated
emission level mean the official emission result.
(4) "Gross combination weight rating" (GCWR)
means the value specified by the vehicle manufacturer as the maximum weight of
a loaded vehicle and trailer, consistent with good engineering judgment. For
example, compliance with SAE J2807 is generally considered to be consistent
with good engineering judgment, especially for Class 3 and smaller
vehicles.
(5) "Gross vehicle weight
rating" (GVWR) means the value specified by the vehicle manufacturer as the
maximum design loaded weight of a single vehicle, consistent with good
engineering judgment.
(6) "Heavy
heavy-duty engine" means an engine that is designed for multiple rebuilds and
has cylinder liners. Vehicles equipped with these engines are normally
tractors, trucks, straight trucks with dual rear axles, and buses used in
inter-city, long-haul applications. These vehicles normally exceed 33,000
pounds GVWR.
(7) "Heavy-duty
engine" means any engine used for (or for which the engine manufacturer could
reasonably expect to be used for) motive power in a heavy-duty
vehicle.
(8) "Heavy-duty vehicle"
means any trailer and any motor vehicle above 8,500 pounds GVWR, a curb weight
above 6,000 pounds, or a basic vehicle frontal area greater than 45 square
feet, for the purposes of this subarticle only.
(A) "Light heavy-duty vehicle" means a
heavy-duty vehicle at or below 19,500 pounds GVWR.
(B) For the purposes of this subarticle only,
Phase 1 Otto-cycle and diesel vehicles are classified as follows:
1. "Medium heavy-duty vehicle" (medium HDV)
means a heavy-duty vehicle above 19,500 pounds GVWR but at or below 33,000
pounds GVWR.
2. "Heavy heavy-duty
vehicle" (heavy HDV) means a heavy-duty vehicle above 33,000 pounds
GVWR.
(C) For the
purposes of this subarticle only, Phase 2 vehicles are classified as follows:
1. For Otto-cycle vocational vehicles,
"medium HDV" means a heavy-duty vehicle above 19,500 pounds GVWR.
2. For diesel vocational vehicles, "medium
HDV" means a heavy-duty vehicle above 19,500 pounds GVWR with an installed
light or medium heavy-duty engine.
3. For diesel vocational vehicles, "heavy
HDV" means a heavy-duty vehicle above 19,500 pounds GVWR with an installed
heavy heavy-duty engine.
(9) "Heavy-haul tractor" means a tractor with
GCWR greater than or equal to 120,000 pounds. A heavy-haul tractor is not a
vocational tractor in Phase 2.
(10)
"Light heavy-duty engine" means an engine that is usually not designed for
rebuild and does not have cylinder liners. Vehicle body types equipped with
these engines might include any heavy-duty vehicle built from a light-duty
truck chassis, van trucks, multi-stop vans, and some straight trucks with a
single rear axle. Typical applications would include personal transportation,
light-load commercial delivery, passenger service, agriculture, and
construction. The GVWR of these vehicles is normally at or below 19,500
pounds.
(11) "Manufacturer" means
any person engaged in the manufacturing or assembling of new motor vehicles or
new motor vehicle engines, or importing such vehicles or engines for resale, or
who acts for and is under the control of any such person in connection with the
distribution of new motor vehicles and new motor vehicle engines, but shall not
include any dealer with respect to new motor vehicles or new motor vehicle
engines received by him in commerce. In general, this term includes any person
who manufactures or assembles a vehicle (including a trailer or another
incomplete vehicle) for sale in California or otherwise introduces a new motor
vehicle into commerce in California. This includes importers who import
vehicles for resale, entities that manufacture glider kits, and entities that
assemble glider vehicles.
(12)
"Medium heavy-duty engine" means an engine that may be designed for rebuild and
may have cylinder liners. Vehicle body types equipped with these engines would
typically include school buses, straight trucks with single rear axles, city
tractors, and a variety of special purpose vehicles such as small dump trucks,
and refuse trucks. Typical applications would include commercial short haul and
intra-city delivery and pickup. Engines in this group are normally used in
vehicles whose GVWR ranges from 19,501 to 33,000 pounds.
(13) "Medium-duty engine" means any
heavy-duty engine that is used to propel a medium-duty vehicle.
(14) "Medium-duty passenger vehicle" (MDPV)
has the meaning given in title 13, CCR §1900.
(15) "Medium-duty vehicle" means any
heavy-duty low-emission, ultra-low-emission, super-ultra-low-emission or
zero-emission vehicle certified to the standards in title 13, CCR §§1961(a)(1),
1961.2,
1962,
1962.1, and
1962.2, except medium-duty
passenger vehicles, having a manufacturer's gross vehicle weight rating between
8,501 and 14,000 pounds.
(16)
"Model year" means one of the following for compliance with this subarticle.
Note that manufacturers may have other model year designations for the same
vehicle for compliance with other requirements or for other purposes:
(A) For tractors and vocational vehicles with
a date of manufacture on or after January 1, 2021, the vehicle's model year is
the calendar year corresponding to the date of manufacture; however, the
vehicle's model year may be designated to be the year before the calendar year
corresponding to the date of manufacture if the engine's model year is also
from an earlier year. Note that 40 Code of Federal Regulations (CFR) §1037.601(a)(2),
as amended October 25, 2016, limits the extent to which vehicle manufacturers
may install engines built in earlier calendar years.
(B) For trailers and for Phase 1 tractors and
vocational vehicles with a date of manufacture before January 1, 2021, "model
year" means the manufacturer's annual new model production period, except as
restricted under this definition and 40 CFR part 85 , subpart X, as amended
January 24, 1995. It must include January 1 of the calendar year for which the
model year is named, may not begin before January 2 of the previous calendar
year, and it must end by December 31 of the named calendar year. The model year
may be set to match the calendar year corresponding to the date of manufacture.
1. The manufacturer who holds the Executive
Order for the vehicle must assign the model year based on the date when its
manufacturing operations are completed relative to its annual model year
period. In unusual circumstances where completion of your assembly is delayed,
we may allow you to assign a model year one year earlier, provided it does not
affect which regulatory requirements will apply.
2. Unless a vehicle is being shipped to a
secondary manufacturer that will hold the Executive Order, the model year must
be assigned prior to introduction of the vehicle into California commerce. The
certifying manufacturer must redesignate the model year if it does not complete
its manufacturing operations within the originally identified model year. A
vehicle introduced into California commerce without a model year is deemed to
have a model year equal to the calendar year of its introduction into
California commerce unless the certifying manufacturer assigns a later
date.
(17)
"Motor vehicle" has the meaning given in Health and Safety Code section
39039.
(18) "Otto-cycle" means relating to a
gasoline-fueled engine or any other type of engine with a spark plug (or other
sparking device) and with operating characteristics significantly similar to
the theoretical Otto combustion cycle. Otto-cycle engines usually use a
throttle to regulate intake air flow to control power during normal
operation.
(19) "Phase 1" means
relating to the Phase 1 standards specified in title 17, CCR, §
95663. For example, a vehicle
subject to the Phase 1 standards is a Phase 1 vehicle. Note that there are no
Phase 1 standards for trailers.
(20) "Phase 2" means relating to the Phase 2
standards specified in title 17, CCR, §
95663.
(21) "Sleeper cab" means a type of tractor
cab that has a compartment behind the driver's seat intended to be used by the
driver for sleeping, and is not a heavy-haul tractor cab. This includes cabs
accessible from the driver's compartment and those accessible from outside the
vehicle.
(22) "Tire rolling
resistance level" means a value with units of kg/tonne that represents the
rolling resistance of a tire configuration. Tire rolling resistance levels are
used as modeling inputs under
40 CFR §§
1037.515 and
1037.520, as amended October 25,
2016. Note that a manufacturer may use the measured value for a tire
configuration's coefficient of rolling resistance, or assign some higher
value.
(23) "Tractor" means a truck
designed primarily for drawing other motor vehicles and not so constructed as
to carry a load other than a part of the weight of the vehicle and the load so
drawn. This includes most heavy-duty vehicles specifically designed for the
primary purpose of pulling trailers but does not include vehicles designed to
carry other loads. For purposes of this definition "other loads" would not
include loads carried in the cab, sleeper compartment, or toolboxes. Examples
of vehicles that are similar to tractors but that are not tractors under this
part include dromedary tractors, automobile haulers, straight trucks with
trailers hitches, and tow trucks. Note that the provisions of this part that
apply for tractors do not apply for tractors that are classified as vocational
tractors under 40 CFR §
1037.630, as amended October 25,
2016.
(24) "Trailer" means a piece
of equipment designed for carrying cargo and for being drawn by a tractor when
coupled to the tractor's fifth wheel. These trailers may be known commercially
as semi-trailers or truck trailers. This definition excludes equipment that
serve similar purposes but are not intended to be pulled by a tractor, whether
or not they are known commercially as trailers. Trailers may be divided into
different types and categories as described in paragraphs (A) through (D) of
this definition. The types of equipment identified in paragraph (E) of this
definition are not trailers for purposes of this part.
(A) Box vans are trailers with enclosed cargo
space that is permanently attached to the chassis, with fixed sides, nose, and
roof. Tank trailers are not box vans.
(B) Box vans with self-contained heating,
ventilation, and air conditioning (HVAC) systems are refrigerated vans. Note
that this includes systems that provide cooling, heating, or both. All other
box vans are dry vans.
(C) Trailers
that are not box vans are non-box trailers. Note that the standards for non-box
trailers in this part 1037 apply only to flatbed trailers, tank trailers, and
container chassis.
(D) Box vans
with length at or below 50.0 feet are short box vans. Other box vans are long
box vans.
(E) The following types
of equipment are not trailers for purposes of this part 1037:
1. Containers that are not permanently
mounted on chassis.
2. Dollies used
to connect tandem trailers.
(25) "Useful life" means the period during
which a vehicle is required to comply with all applicable emission
standards.
(26) "Vehicle" means,
for the purposes of this subarticle only, equipment intended for use on
highways that meets the criteria of paragraph (A) of this definition, as
follows:
(A) The following equipment are
vehicles:
1. A piece of equipment that is
intended for self-propelled use on highways becomes a vehicle when it includes
at least an engine, a transmission, and a frame. (Note: For purposes of this
definition, any electrical, mechanical, and/or hydraulic devices attached to
engines for the purpose of powering wheels are considered to be
transmissions.)
2. A piece of
equipment that is intended for self-propelled use on highways becomes a vehicle
when it includes a passenger compartment attached to a frame with
axles.
3. Trailers. A trailer
becomes a vehicle when it has a frame with one or more axles
attached.
(B) Vehicles
other than trailers may be complete or incomplete vehicles as follows:
1. A complete vehicle is a functioning
vehicle that has the primary load carrying device or container (or equivalent
equipment) attached. Examples of equivalent equipment would include fifth wheel
trailer hitches, firefighting equipment, and utility booms.
2. An incomplete vehicle is a vehicle that is
not a complete vehicle. Incomplete vehicles may also be cab-complete vehicles.
This may include vehicles sold to secondary vehicle manufacturers.
3. The primary use of the terms "complete
vehicle" and "incomplete vehicle" are to distinguish whether a vehicle is
complete when it is first sold as a vehicle.
4. You may ask us to allow you to certify a
vehicle as incomplete if you manufacture the engines and sell the unassembled
chassis components, as long as you do not produce and sell the body components
necessary to complete the vehicle.
(27) "Vocational tractor" means a vehicle
classified as a vocational tractor under
40 CFR §
1037.630, as amended October 25,
2016.
(28) "Vocational vehicle"
means relating to a vehicle subject to the standards of
40 CFR §
1037.105 (including vocational tractors), as
amended October 25, 2016.
1. New
section filed 12-5-2014; operative 12-5-2014 pursuant to Government Code
section
11343.4(b)(3)
(Register 2014, No. 49).
2. Editorial correction of HISTORY 1
(Register 2014, No. 50).
3. Repealer of subsections (a)(4)-(a)(4)(B)
and subsection renumbering filed 7-25-2016; operative 7-25-2016 pursuant to
Government Code section
11343.4(b)(3)
(Register 2016, No. 31).
4. Amendment filed 2-7-2019; operative
4-1-2019 (Register 2019, No. 6).
5. Amendment of subsection (a)(15)
filed 12-22-2021; operative 12-22-2021 (Register 2021, No. 52). Transmission
deadline specified in Government Code section
11346.4(b)
extended 60 calendar days pursuant to Executive Order N-40-20. Filing deadline
specified in Government Code section
11349.3(a)
extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
60 calendar days pursuant to Executive Order
N-71-20.
Note: Authority cited: Sections
38501,
38505,
38510,
38560,
39010,
39600,
39601,
43013,
43018,
43101,
43104,
and
43105,
Health and Safety Code. Reference: Sections
38501,
38505,
38510,
38560,
38580,
39002,
39003,
39600,
39601,
43000,
43009.5,
43013,
43018,
43100,
43101,
43101.5,
43102,
43104,
43105,
43106,
43205,
43205.5,
and
43211,
Health and Safety Code.