HOA’s, Managers & Public Agencies
Guide to Avoiding Penalties
California On-Road Truck & Bus Rule
The California On-Road Truck & Bus Rule (Rule) AKA Truck and Bus Regulation, has been in force for over a decade. Some aspects of the Rule continue to evolve, sometimes adding options for truck fleets, sometimes taking them away. However, one aspect of the Rule discussed below has been in place since the beginning and remains unchanged.
You might say “only in California” is the customer responsible and tasked with verification. Thankfully the steps are simple and explained below.
Q: Does this rule apply to me, and can my community be fined?
A: Yes, any company, Association, Public Agency, or California resident that hires any diesel-powered vehicle subject to the rule must be in compliance.
Q: What are the fines?
A: $1,000/day per vehicle and/or $10,000/day per fleet. Note: this is the fine for hiring the fleet/vehicle. The actual fleet owner has its own set of enforcement problems.
Q: What vehicles are subject to the rule?
A: All diesel-powered vehicles above 14,000 lbs. gross vehicle weight rating (GVWR).
Q: Are there exceptions?
A: In a situation such as a delivery, it is up to the shipper to verify compliance, not you as the recipient. Solid Waste and municipal fleets also fall under different rules and do not need to be verified.
Q: What types of vehicles are included that property managers or community boards might encounter?
A: Street Sweepers, Tow Trucks, Dump Trucks, Pumper Trucks (catch basin cleaners), Crane Trucks (lifting AC onto the roof of the clubhouse), Charter Buses, Lift Trucks (Christmas Lights), Concrete Pump Trucks, etc.
Q: Why are Street Sweepers included?
A: Although sweepers are not technically considered trucks, in the final 62-page regulation, sweepers are mentioned 11 times. During the drafting of this regulation, sweepers were removed from other regulations and very specifically placed here.
Q: If all my vendors are in compliance can I still be fined?
A: Yes. Not only must the vendors be in compliance, but the hiring party must maintain the documentation showing the fleet/vehicles are in compliance. Fines are assessed on the hiring party even when vendors/fleets are in compliance.
Q: Is there any allowance for a first-time offense.
A: The fines have been reduced, but not eliminated. This is up to the regulator.
Q: Is there a simple way to check and document compliance?
A: Visit http://www.arb.ca.gov/msprog/onrdiesel/tblookup.php. Look up the vendor/bidder. (You only need part of a company name.) If they show up on the list, copy the screen and save.
Q: Do I have to do this every year?
A: Yes. Each fleet has until January 31 each year to update their information, so checking again every February would be a best practice. Check now and every February.
Q: Do we have to keep paper copies?
A: Keeping proof of verification electronically would allow you to print them in the event of an audit.
Q: Is this the Management Company or Communities responsibility?
A: (See disclaimer at the bottom of page) It would be a best practice for communities to request their Management Companies to only present bids from compliant companies and do the required annual documentation. However, the “hiring party” subject to a fine is probably the community.
Q: Beyond our Community Board, does this apply to residents as well?
A: While not frequent, if a resident hired a crane to lift a BBQ or tree to the back yard, did some landscaping requiring a dump truck or pumper truck, then yes. All California residents have the same requirements.
Q: If my vendor is not on the state website, could they still be in compliance?
A: Yes. There are a few less common ways that do not require registering with the state website. They are complicated and beyond the scope of this FAQ. In short, no fleet is exempt. However, if a vendor claims they are compliant and exempt from reporting...
From the California Air Resources Board (CARB):
1) You should (annually) obtain a dated written statement from the (fleet) owner that verifies that they are aware of the Truck and Bus regulation (Title13 California Code of Regulations, Section 2025) and
2) A complete list of engine model year and PM filter information about their trucks to demonstrate compliance with the engine model year schedules.
You might also want to get an indemnification statement against any fines, which a compliant fleet would be happy to provide.
Q: My vendor sent me their CARB issued Certificate of Reported Compliance, is that enough?
A: Yes, just get a new one each February. (And keep them for three years)
Q: If my vendor’s website or literature says they are CARB Compliant or AQMD Certified, is that enough?
A: No, you must verify the claims on the State website, or receive a copy of their certificate (which you believe to be genuine) or receive their statement & engine model year schedules.
Q: If my community or management company verifies compliance, but discovers one of our vendor’s trucks is out of compliance, can we continue to use the vendor?
A: No, if you learn just one truck is out of compliance, you may not use that fleet.
Q: I have never heard of this; are people getting fined?
A: Yes. In 2016 Ross Stores was fined $38,250. This was a first-time offense, and the reduced fine included penalties for hiring compliant fleets but failing to verify them. In 2015 there were 237 Case Settlements (in lieu of litigation). This does not include those cases that involved civil or criminal litigation. Each year hundreds of California companies are investigated and fined.
Q: My vendor has a brand new truck so it must be in compliance right?
A: It could be, but the rule requires the entire fleet meets the regulation, and your responsibility is to verify and hire a 100% compliant fleet.
Q: What is the link to the official CARB help page How to Verify if Hired Fleets Comply? Updated June 27, 2019
A: http://www.arb.ca.gov/msprog/onrdiesel/documents/faqverify.pdf
Q: What is the link to the On-Road Heavy-Duty Diesel Vehicles (In-Use) Regulation AKA Truck and Bus Regulation?
A: http://www.arb.ca.gov/msprog/onrdiesel/onrdiesel.htm
Q: Does the Community Association Institute, Orange County Regional Chapter have any resources?
A: CAI-OC published an article in the OC View October 2017 (Starting on Page 8)
http://www.modernpubsonline.com/OC-CIA-View/OCViewSep-Oct17/flash/resources/index.htm
Tinnelly Law Group – Blog
Q: I still have questions; who can I call?
A: Call Peloton Sweeping Service 714-462-4708 or email info@pelotonsweeping.com
We have additional information and would be happy to point you in the right direction.
Disclaimer: We are not attorneys and do not provide legal advice or opinions of any kind. While the information above came from government agency resources, this compilation of FAQ’s is not an official document. The links above take you to the official documents.