The Rule
The Off-Road Diesel construction equipment regulation has been approved by the state and became effective on June 15, 2008. This rule - which significantly impacts your business - is now in effect and the California Air Resources Board is enforcing the idling and sales notification requirements immediately. Below are the specific sections of the regulation governing these two areas. To read the entire regulation, click here.
Idling
2449(d)(1)(D)(3) Idling - The idling limits in section 2449(d)(3) shall be effective and enforceable immediately upon this regulation being certified by the Secretary of State. Fleets must meet the following limits.
(A) Idling Limit - No vehicle or engine subject to this regulation may idle for more than 5 consecutive minutes. Idling of a vehicle that is owned by a rental company is the responsibility of the renter or lessee, and the rental agreement should so indicate. The idling limit does not apply to:
- idling when queuing,
- idling to verify that the vehicle is in safe operating condition,
- idling for testing, servicing, repairing or diagnostic purposes,
- idling necessary to accomplish work for which the vehicle was designed (such as operating a crane),
- idling required to bring the machine system to operating temperature, and
- idling necessary to ensure safe operation of the vehicle.
(B) Written Idling Policy - As of March 1, 2009, medium and large fleets must also have a written idling policy that is made available to operators of the vehicles and informs them that idling is limited to 5 consecutive minutes or less.
(C) Waiver - A fleet owner my apply to the Executive Officer for a waiver to allow additional idling in excess of 5 consecutive minutes. The Executive Officer shall grant such a request upon finding that the fleet owner has provided sufficient justification that such idling is necessary.
Sales Notification
2449(h)(8)
(j) Disclosure of Regulation Applicability -
Any person selling a vehicle with an engine subject to this regulation in California must provide the following disclosure in writing to the buyer on the bill of sale, "When operated in California, any off-road diesel vehicle may be subject to the California Air Resources Board In-Use Off-road Diesel Vehicle Regulation. It therefore could be subject to retrofit or accelerated turnover requirements to reduce emissions of air pollutants. For more information, please visit the California Air Resources Board website at http://www.arb.ca.gov/msprog/ordiesel/ordiesel.htm.
Please contact us if you have any questions regarding this rule.