Section 2197.3 - Recordkeeping Requirements(a) Various sections of this HD I/M Regulation require affected entities to adhere to recordkeeping requirements and provide records to CARB upon request. Such requirements are described in this section. Unless otherwise specified, affected entities shall retain the specified records for a minimum of five years from date of entry, and shall provide them to CARB staff, inspectors, or peace officers within 72 hours of official written or oral request.(b) Freight contractors shall retain the following records at the business location: (1) For each heavy-duty vehicle subject to this HD I/M Regulation that is contracted by the freight contractor, the freight contractor shall keep the documentation described below: (A) A copy of the vehicle's HD I/M compliance certificate, valid at the time of dispatch, for each vehicle dispatched to, from, or within California; or(B) An Affirmation of Fleet Wide Compliance for the fleet dispatching vehicles to California to which the vehicle belongs. The Affirmation of Fleet Wide Compliance shall be:1. Obtained prior to any contract requiring dispatch to California; and2. Dated within 12 months of the date the vehicle is contracted by the freight contractor.(2) Records of transactions and agreements between shippers, receivers, brokers, and motor carriers requiring the operation of heavy-duty vehicles in California. Documentation shall include all the following information: (A) The shipper or receiver initiating the transaction requiring transport.(B) The motor carrier or broker who hired or dispatched the vehicle.(C) The vehicle dispatched.(c) Brokers, as specified in section 2197, shall retain the following records for each motor carrier or vehicle owner brokered with, for the purpose of transporting freight to, from, or within California resulting from a contractual agreement with the broker: (1) Verification of compliance, either in the form of:(A) A copy of the vehicle's HD I/M compliance certificate, valid at the time of dispatch, for each vehicle dispatched to, from, or within California; or(B) An Affirmation of Fleet Wide Compliance for a fleet dispatching vehicles to, from, or within California, which shall be:1. Obtained prior to any contract requiring dispatch to, from, or within California; and,2. Dated within 12 months of the date the vehicle is contracted by the Broker.(2) Dispatching motor carrier: (A) Business name of dispatching motor carrier.(C) Street address, city, state, zip code of the dispatching motor carrier.(D) Phone number of the dispatching motor carrier.(d) Applicable freight facilities shall retain the following records: (1) For each calendar year, the applicable freight facility must retain a document attesting the following: (A) The requirement the applicable freight facility intends to comply with, as outlined in section 2197(c)(1), 2197(c)(2), or 2197(d), for the duration of the calendar year.(B) The date the attestation was made.(2) For applicable freight facilities choosing the compliance option outlined in section 2197(c)(2), maintain the following records for each vehicle for which compliance has not been verified: (A) Dispatching motor carrier: 1. Entity name of dispatching motor carrier.3. Street address, city, state, zip code of the dispatching motor carrier.4. Phone number of the dispatching motor carrier.5. Bill of lading, load tender, or any other tracking number linked to the specific load.(B) Heavy-duty vehicle information: 2. Registered owner's name.4. License plate number and state of issuance.(e) Drivers and vehicle owners of heavy-duty vehicles operating for commercial purposes within California, shall ensure that the following forms of documentation are available in the vehicle. Drivers or vehicle owners shall provide the following forms of documentation to CARB staff, inspectors, or peace officers immediately upon request: (1) Documentation relating to the current hiring freight contractor or broker, including (C) Contact phone number and email address.(D) Street address, city, state, zip code of the hiring entity.(E) Copy of contract for the specific load carried by the driver.(f) Drivers and vehicle owners of heavy-duty vehicles operating under an exemption pursuant to a declared emergency, as specified in section 2195(c) of this HD I/M Regulation, shall retain documentation that establishes that the vehicle is being used in support of emergency operations.(g) ROBD device vendors granted certification by CARB to use ROBD devices as part of this HD I/M Regulation shall meet the record keeping requirements specified in California Standards for Heavy-Duty Remote On-board Diagnostic Devices Part III, section E.Cal. Code Regs. Tit. 13, § 2197.3
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).