Section 2197 - Freight Contractor, Broker, and Applicable Freight Facility Requirements(a) Any freight contractor shall only contract with compliant vehicles or fleets and comply with the recordkeeping requirements specified in section 2197.3(b). In the case of contracts with intermediary parties where vehicle or fleet wide compliance cannot be verified by the freight contractor, the freight contractor shall comply with the recordkeeping requirements specified in section 2197.3(b)(2).(b) Any broker shall only arrange transportation within California through motor carriers with compliant vehicles or fleets and maintain records in accordance with the recordkeeping requirements specified in section 2197.3(c).(c) Any applicable freight facility shall adhere to one of the following requirements each calendar year, and maintain an attestation as outlined in section 2197.3(d)(1): (1) Ensure that only compliant vehicles will enter and operate on their property. Compliance can be verified for each incoming vehicle at the time of entry by requesting a valid CARB HD I/M compliance certificate or by checking identifiable information through CARB's electronic reporting system; or(2) Maintain records of all vehicles that enter the applicable freight facility property that are not compliant with this HD I/M Regulation, in accordance with the recordkeeping requirements specified in section 2197.3(d)(2).(d) In lieu of the requirements specified in section 2197(c), alternative compliance verification terminals may choose to ensure that vehicles entering and operating on their property have demonstrated compliance with the HD I/M Regulation no more than one year prior to the date of entry, and maintain an attestation as outlined in section 2197.3(d)(1).(e) The requirements detailed in sections 2197(c) and 2197(d) do not apply to applicable freight facilities when vehicles entering their properties are delivering goods or providing services to the facility or a facility employee as the final end-user or consumer of the good or service.Cal. Code Regs. Tit. 13, § 2197
1. New section filed 10-5-2022; operative 1-1-2023 (Register 2022, No. 40). Note: Authority cited: Sections 39002, 39003, 39600, 39601, 43000, 43013, 43018, 43701, 44011.6 and 44152, Health and Safety Code; and Section 27153, Vehicle Code. Reference: Section 44152, Health and Safety Code.
1. New section filed 10-5-2022; operative 1/1/2023 (Register 2022, No. 40).