Section 3002 - [Operative 1/1/2025] Fleet Operator Requirements(a) Starting January 1, 2026, a Fleet Operator shall not acquire or take possession of an LSI Forklift at a location in California unless: (1) The Forklift is a used 2025 or previous MY LSI Forklift that has not yet been phased out according to the applicable Phase-Out Schedules set forth in Section 3006(d);(2) The date is prior to January 1, 2027, and the Forklift is a new 2025 MY LSI Forklift;(3) The date is prior to January 1, 2038, and the Forklift is a 2026 through 2028 MY Class V Forklift rented from a Rental Agency for operation;(4) The Forklift is a Class V LSI Forklift with a Rated Capacity greater than 12,000 pounds that the Fleet Operator has reported to the Executive Officer in accordance with Section 3009(h), Heavy Class V LSI Forklift Reporting;(5) The Forklift is being acquired to be operated as a Dedicated Emergency Forklift pursuant to Section 3007(a)(2), to be solely operated on San Nicolas and San Clemente Islands pursuant to Section 3007(a)(5), or to be operated as an In-Field Forklift pursuant to Section 3007(a)(6); or(6) The Forklift is being acquired pursuant to Section 3007(b)(5), Replacement of LSI Forklifts Covered By an Operational Extension or an Infrastructure Site Electrification Delay Extension.(b) Starting January 1, 2026, a Fleet Operator shall not possess, operate, or allow the operation of an LSI Forklift in California unless:(1) The Forklift is a 2025 or previous MY Forklift, the Forklift has not yet been phased out according to the Phase-Out Schedules set forth in Section 3006(d), and the Fleet Operator is in compliance with all other applicable provisions of the Fleet Phase-Out Provisions set forth in Section 3006, Fleet Phase-Out Provisions for Fleet Operators and Rental Agencies;(2) The date is prior to January 1, 2038, and the Forklift is a 2026 through 2028 MY Class V Forklift rented from a Rental Agency;(3) The Forklift is a Class V LSI Forklift with a Rated Capacity greater than 12,000 pounds that the Fleet Operator has reported to the Executive Officer in accordance with Section 3009(h), Heavy Class V LSI Forklift Reporting;(4) The Forklift is exempt pursuant to Section 3007(a)(1), Low-Use LSI Forklift Exemption; 3007(a)(2), Dedicated Emergency Forklift Exemption; 3007(a)(3), Temporary Storage of Non-Compliant LSI Forklifts Awaiting Sale, Scrap, or Relocation; Section 3007(a)(5), San Nicolas and San Clemente Islands Exemption; or Section 3007(a)(6), In-Field Forklift Exemption; or(5) The Forklift is included in an extension granted pursuant to Section 3007(b), Extensions.Cal. Code Regs. Tit. 13, § 3002
Note: Authority cited: Sections 39600, 39601, 43101, 43102, 43013, 43018, 43151, 43152, 43153 and 43205.5, Health and Safety Code. Reference: Section 43150, Health and Safety Code.
1. New section filed 9-16-2024; operative 1/1/2025 (Register 2024, No. 38).