TruckStop logo.


 

CTA/Lawson Lawsuit: 2014 Truck & Bus Regulation Amendments Affected


   


  • In 2014, to void the flexibility options provided in the 2014 amendments to the Truck and Bus regulation (regulation), John R. Lawson Rock and Oil of Fresno (Lawson) and the California Trucking Association (CTA) sued the California Air Resources Board (CARB) in Fresno County Superior court.

    In 2016, that court ruled in favor of Lawson and CTA, ordering CARB to set aside the regulationís 2014 amendments. CARB appealed that decision to the 5th District court of Appeals.

    On January 31, 2018, the appellate court issued its decision upholding parts of the lower courtís ruling, including the courtís direction to set aside the regulationís 2014 amendments.

    If vehicles in your fleet are using one or more of the flexibility options that CARB added or amended in 2014, you will be affected by the courtís decision.

► What flexibility options are affected by the courtís decision? ▼ What flexibility options are affected by the courtís decision?
  • Low Use Exemption: Less than 1,000 miles allowed in California per year only. The Low Use mileage limit of 5,000 miles will no longer be available under the court's order. To the degree possible, we will account for the period that the flexibilities were in effect in 2018, but there will be no extension of those flexibilities into 2019.

  • Agricultural Vehicle Mileage Requirements: Vehicles that operate less than 10,000 miles per year can continue to use the extension until January 1, 2023. The agricultural vehicle mileage threshold of 15,000 miles will no longer be available under the court's order. To the degree possible, we will account for the period that the flexibilities were in effect in 2018, but there will be no extension of those flexibilities into 2019.

  • NOx Exempt Area Extension: 100 percent of fleet required to have particulate matter (PM) filters installed by January 1, 2016 and more limited area of operation. For those operating in a NOx Exempt area and wishing to continue operating there, but who do not have a PM filter installed, we recommend you install one now because that option was voided by the court's order. In addition, the court's order changed the areas of operation defined as NOx Exempt Areas, so you should make any necessary adjustments as soon as possible

  • Specialty Agricultural Vehicles: No longer available for Cattle Livestock Trucks.

  • Heavy Crane Phase-In Option: The Heavy Crane Option will no longer be available under the court's order. Program management is in the process of developing a path forward to best assist fleets currently using this option with their future compliance path.

To the degree possible, we will account for the period that the flexibilities were in effect in 2018, but there will be no extension of those flexibilities into 2019.

The regulation provides a manufacturer delay extension that relieves the owner from immediate compliance with applicable upgrade requirements if the retrofit PM filter or the engine/vehicle originally equipped with a PM filter is purchased at least four months prior to the initial compliance deadline and has not been received due to a manufacturer delay. To receive the extension, you must report to CARB in January that there is a manufacturer delay.

Alternatively, if your vehicle(s) still comply with the selected option under the court's order, then you may claim flexibility options your vehicle(s) are eligible to use in 2019. We will continue to work with fleets to optimize their compliance path.

If you are not on the listserve to receive information and updates regarding the Truck and Bus regulation, you can sign up by providing your email address here. We are currently sending targeted notices out to fleets specifically affected by this based on their reporting history.

To report upgrades or vehicle replacements and access the User Guide for reporting online, go to https://ssl.arb.ca.gov/ssltrucrstb/trucrs_reporting/login.php. If you have any questions about your compliance options, please e-mail 8666diesel@arb.ca.gov or call (866) 6DIESEL (634 3735).
ARB Home | TruckStop Home | Off-Road Zone
Diesel Hotline: 1-866-6DIESEL (1-866-634-3735)
 
    © 2015 TruckStop | Terms Of Use | Privacy Policy