Comment Log Display

We ask for edits to section 2477.12. Requirements for Lessors and
Lessees to delegate owner requitements to lessees when applicable.

We ask for consistency across CARB rules with definitions that
affect businesses that are regularly engaged in the trade or
business of renting or leasing motor vehicles without drivers. The
following statements from the Advanced Clean Fleet rule should be
implemented in the Airborne Toxic Control Measure for In-Use
Diesel-Fueled Transport Refrigeration Units (TRU) and TRU Generator
Sets, and Facilities Where TRUs Operate
The ACF rules stipulates the following: 
B) For vehicles that are rented or leased from a business that is
regularly engaged in the trade or business of renting or leasing
motor vehicles without drivers, The owner shall be presumed to be
the rental or leasing entity for purposes of compliance if: 
a. The rental or lease agreement for the vehicle is for a period of
less than one year; or 
b. The rental or lease agreement for the vehicle is for a period of
one year or longer, unless the terms of the rental or lease
agreement or other equally reliable evidence identifies the party
responsible for compliance with state laws for the vehicle to be
the renting operator or lessee of the vehicle.  

Why this matters?
There are immense challenges on the control of leased and rented
vehicles outside of CA. If a vehicle that generally doesn't operate
in CA but has one or two trips would be affected. Penske would have
to change all the contracts to stipulate that entry in CA is
prohibited, but that might still not stop entrance. If there was
consistency across rules and the terms of the rental or lease
agreement or other equally reliable evidence identifies the party
responsible for compliance with state laws for the vehicle to be
the renting operator or lessee of the vehicle it would be
beneficial to all and encourage compliance. 
Regulations that are not based on vehicle registration are much
harder to implement and for this reason we ask for CARB to think
how they can support fleets that have these challenges.