Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
Purpose. The purpose of
this regulation is to reduce greenhouse gas emissions from vehicles operating
with under inflated tires by inflating them to the recommended tire pressure
rating.
(b)
Applicability.
(1) This
regulation applies to all automotive service providers performing or offering
to perform automotive maintenance or repair services in California.
(2) This regulation does not apply to:
(A) auto body and paint facilities;
(B) auto glass installers;
(C) auto parts distributers or retailers;
or
(D) auto wreckers or
dismantlers.
(c)
Definitions.
(1) "ARB" means the California Air Resources
Board.
(2) "Auto Body and Paint
Facility" means a business that reconstructs, or paints motor vehicles and does
not perform or offer to perform automotive maintenance or repair
services.
(3) "Auto Glass
Installer" is a business that repairs or replaces damaged automotive
windshields and windows and does not perform or offer to perform automotive
maintenance or repair services.
(4)
"Auto Parts Distributer or Retailer" is a business that sells replacement parts
or performance accessories for cars, trucks, vans and sport utility vehicles
and does not perform or offer to perform automotive maintenance or repair
services.
(5) "Auto Wrecker or
Dismantler" means an automobile dismantler, as defined in section
220 of the
Vehicle Code and does not perform or offer to perform automotive maintenance or
repair services.
(6) "Automotive
Maintenance or Repair Services" includes, but is not limited to, the
performance of any automotive diagnostics of or repairs made to a motor
vehicle.
(7) "Automotive Service
Provider (ASP)" is any business, or government or private vehicle fleet
maintenance provider that performs or offers to perform automotive maintenance
or repair services (including, but not limited to, automotive dealerships,
maintenance or repair garages, government or publicly maintained or operated
fleets, oil change facilities, tire centers, and smog check
facilities).
(8) "Gross Vehicle
Weight Rating (GVWR)" shall have the same meaning as defined in Vehicle Code
Section
350.
(9) "Recommended Tire Pressure Rating" is the
specification recommended by the vehicle manufacturer. The vehicle
manufacturer's recommended tire pressure rating specifications can be found on
the vehicle's door placard, glove box door, or owner's manual. If the vehicle
manufacturer's recommended tire pressure rating is not available or the vehicle
is equipped with a tire not meeting the vehicle manufacturer's tire
specifications for that vehicle, then Recommended Tire Pressure Rating shall
mean the Tire Inflation Reference.
(10) "Tire Inflation Reference" is any
industry recognized resource, book or electronic, that contains tire pressure
inflation specifications for original equipment tires and wheels and
non-original equipment sized tires and wheels.
(11) "Tire Pressure Gauge" means a device
that is capable of measuring the air pressure of passenger vehicle
tires.
(12) "Total Permissible
Error" means the allowable accuracy error indicated by the total difference in
the true value and the indicated value during measurement.
(13) "Under Inflated Tire" means a tire that
is one pound per square inch (psi) or more below the recommended tire pressure
rating.
(14) "Unsafe Tire" means
any tire considered unsafe in accordance with standard industry practices, due
to tire tread wear, age, tread irregularity, or damage. Examples include any
tire with exposed ply or cord, sidewall crack, bulge, knot, or ply
separation.
(15) "Vehicle Fleet" is
one or more vehicles that is owned, leased, or managed as a unit within or by a
business or government agency.
(16)
"Vehicle Service Invoice" is a document issued by the ASP to the customer in
the normal course of business that identifies all service repairs performed by
the ASP, as well as the associated costs, and is maintained by the ASP as
provided in subsection (d).
(17)
"Vehicle Tires" means the operating tires on the vehicle.
(d)
Requirements and Compliance
Deadlines. Automotive service providers must meet the following
requirements:
(1) By September 1, 2010, all
automotive service providers are required to:
(A) check and inflate each vehicle's tires to
the recommended tire pressure rating, with air or nitrogen, as appropriate, at
the time of performing any automotive maintenance or repair service;
and
(B) indicate on the vehicle
service invoice that a tire inflation service was completed and the tire
pressure measurements after the services were performed; and
(C) perform the tire pressure service using a
tire pressure gauge with a total permissible error no greater than + two (2)
pounds per square inch (psi); and
(D) have access to a Tire Inflation Reference
that is current within three years of publication; and
(E) keep a copy of the vehicle service
invoice for a minimum of three years, and make the vehicle service invoice
available to ARB, or its authorized representative upon
request.
(2)
Notwithstanding subsection (d)(1), an automotive service provider need not meet
the requirements set out therein if the automotive service provider is
performing only a free check and inflate service at the customer's
request.
(3) Notwithstanding
subsection (d)(1)(A), an automotive service provider need not perform the check
and inflate service if:
(A) the tires are on
a vehicle with a GVWR over 10,000 lbs.; or
(B) the tires are determined by the
automotive service provider to be unsafe, as defined in subsection (c)(14);
or
(C) the customer declines the
check and inflate service pursuant to subsection (d)(5).
(4) Customers with vehicle tires inflated
with nitrogen gas are subject to the requirements in subsection (d)(1)(A-E),
but may refuse the inflation portion of the service if a nitrogen inflation
system is not available at the time of the service.
(5) A customer may decline the check and
inflate service if the customer affirms one of the following:
(A) He or she has performed (or had
performed) a tire pressure check and inflate service within the last 30 days,
or
(B) He or she will perform (or
will have performed) a tire pressure check and inflate service within the next
7 days.
(6) If a tire
inflation service was not performed as provided in subsections (d)(3)-(5), the
automotive service provider must indicate on the vehicle service invoice why
the service was not completed.
(e)
Penalties and
Injunctions.
(1)
Penalties. Penalties may be assessed for any violation of this
article pursuant to Health and Safety Code section
38580.
Each day during any portion of which a violation occurs is a separate
offense.
(2)
Injunctions. Any violation of this article may be enjoined
pursuant to Health and Safety Code section
41513.
(f)
Relationship To Other
Law. Nothing in this section allows automotive service providers to
operate in violation of other applicable laws, including but not limited to:
(1) California Vehicle Code.
(2) Health and Safety Code.
(3) Business and Professions Code.
(4) any other applicable law, ordinance, rule
or requirement as stringent as, or more stringent than the requirements in
section (d) of this regulation.
(g)
Severability. If any
subsection, paragraph, subparagraph, sentence, clause, phrase, or portion of
this regulation is, for any reason, held invalid, unconstitutional, or
unenforceable by any court of competent jurisdiction, such portion will be
deemed as a separate, distinct, and independent provision, and such holding
will not affect the validity of the remaining portions of the
regulation.
1. New
subarticle 8 (section
95550) and section filed
8-30-2010; operative 9-1-2010 pursuant to Government Code section
11343.4
(Register 2010, No. 36).
Note: Authority cited: Sections
38510,
38560,
39600
and
39601,
Health and Safety Code. Reference: Sections
38510,
38560
and
39600,
Health and Safety Code.