Section 95305 - Exemptions(a) Short-Haul Tractor Exemption Requirements.(1) A short-haul tractor pulling a long box-type trailer on a California highway is exempt from the requirements of sections 95303(a)(1), 95303(a)(2), and 95303(a)(3), as applicable, if the short-haul tractor(A) has been registered in accordance with the requirements of section 95306, Short-Haul Tractor, Local-Haul Tractor, Local-Haul Trailer, and Storage Trailer Registration Requirements, and(B) is driven less than 50,000 miles annually, including all miles accrued both inside and outside of California.(2) A long box-type trailer is exempt from the requirements of section 95303(b) while it is being pulled by an exempt short-haul tractor.(3) The use of an exempt short-haul tractor in excess of 50,000 miles traveled during the one year period from the date the owner submitted the applicable information identified in sections 95306(b) through (f) is a violation of this subarticle.(4) The driver of an exempt short-haul tractor must, upon request, provide the applicable information specified in section 95303(c)(2) to authorized enforcement personnel identified in section 95308, Enforcement.(5) The driver of an exempt short-haul tractor must, upon request, allow authorized enforcement personnel identified in section 95308, Enforcement, to directly view the odometer of the exempt short-haul tractor.(6) For an exempt short-haul tractor that is removed from an owner's exempt short-haul tractor fleet, taken out of service, or is otherwise no longer exempt, the owner must notify the Executive Officer and update the short-haul tractor information submitted in accordance with section 95306(d) to reflect this change in status prior to change in ownership of the tractor or prior to the tractor traveling on a highway within California, whichever occurs first, or within 30 days of the tractor being taken out of service. A tractor that is removed from the owner's short-haul tractor fleet or that for any other reason loses its exempt status is ineligible for the short-haul exemption under that owner for 36 months from the date its exempt status was terminated.(7) A short-haul tractor exemption remains in effect for a period of one year from the date that the information required in sections 95306(b) through 95306(d) and section 95306(f) is submitted to the Executive Officer if the owner and the exempt tractor are in continuing compliance with the requirements of this section. To extend the exemption for an additional one year from the expiration date of the exemption, the owner must submit to the Executive Officer the tractor's odometer reading taken at the end of the one year period no more than 15 days after the expiration date of the exemption.(8) The owner of more than one short-haul tractor may consolidate the dates to apply for an extension with approval of the Executive Officer.(9) A 2014 or subsequent model year tractor that meets the requirements of sections 95305(a)(1)(A) and 95305(a)(1)(B) is an exempt short-haul tractor.(b)Local-Haul Tractor Exemption Requirements.(1) A local-haul tractor pulling a long box-type trailer is exempt from the requirements of sections 95303(a)(1)(A), but still must comply with the requirements of sections 95303(a)(2) and 95303(a)(3), as applicable if (A) the local-haul tractor has been registered in accordance with the requirements of section 95306, Short-Haul Tractor, Local-Haul Tractor, Local-Haul Trailer, and Storage Trailer Registration Requirements, and(B) the tractor-trailer combination is traveling within 100 miles of the local-haul tractor's local-haul base.(2) A 2011 or subsequent model year long box-type trailer is exempt from the requirements of sections 95303(b)(1)(A), 95303(b)(1)(B), 95303(b)(1)(C)2., 95303(b)(2)(A), 95303(b)(2)(B), and 95303(b)(2)(C)2., but still must comply with the requirements of sections 95303(b)(1)(C)1. or 95303(b)(2)(C)1. while it is being pulled by an exempt local-haul tractor.(3) A 2010 or previous model year long box-type trailer is exempt from the requirements of sections 95303(b)(3)(B) and 95303(b)(3)(C), but still must comply with the requirements of section 95303(b)(3)(A) while it is being pulled by an exempt local-haul tractor.(4) The driver of an exempt local-haul tractor must, upon request, provide the applicable information listed in section 95305(c)(2) to authorized enforcement personnel identified in section 95308, Enforcement.(5) A local-haul tractor exemption will remain in effect as long as the owner and the exempt tractor remain in compliance with the requirements of this section.(6) The owner of an exempt local-haul tractor must notify the Executive Officer if the information submitted in accordance with sections 95306(b) through 95306(d) and section 95306(f) has changed, and must submit the updated information to the Executive Officer within 15 days of change.(7) For a local-haul tractor that is removed from an owner's local-haul fleet, taken out of service, or is otherwise no longer exempt, the owner must notify the Executive Officer and update the local-haul tractor information submitted in accordance with section 95306(d) to reflect this change in status prior to change in ownership of the tractor, or prior to the tractor traveling on a highway within California, whichever occurs first, or within 30 days of the tractor being taken out of service.(8) A 2014 or subsequent model year tractor that meets the requirements of sections 95305(b)(1)(A) and 95305(b)(1)(B) is an exempt local-haul tractor.(c)Local-Haul Trailer Exemption Requirements.(1) A 2011 or subsequent model year local-haul trailer is exempt from the requirements of sections 95303(b)(1)(A), 95303(b)(1)(B), 95303(b)(1)(C)2., 95303(b)(2)(A), 95303(b)(2)(B), and 95303(b)(2)(C)2., but still must comply with the requirements of sections 95303(b)(1)(C)1. or 95303(b)(2)(C)1. if the trailer has been registered in accordance with the requirements of section 95306, Short-Haul Tractor, Local-Haul Tractor, Local-Haul Trailer, and Storage Trailer Registration Requirements, and the following conditions are met: (A) the local-haul trailer is being pulled by a HD tractor on a California highway within 100 miles of the local-haul trailer's local-haul base, or(B) the local-haul trailer is traveling under a valid Relocation Pass.(2) A 2010 or previous model year local-haul trailer is exempt from the requirements of sections 95303(b)(3)(B) and 95303(b)(3)(C), but still must comply with the requirements of section 95303(b)(3)(A) if the trailer has been registered in accordance with the requirements of section 95306, Short-Haul Tractor, Local-Haul Tractor, Local-Haul Trailer, and Storage Trailer Registration Requirements, and the following conditions are met: (A) the local-haul trailer is being pulled by a HD tractor on a California highway within 100 miles of the local-haul trailer's local-haul base, or(B) the local-haul trailer is traveling under a valid Relocation Pass.(3) A local-haul trailer exemption will remain in effect as long as the owner and the exempt trailer are in compliance with the requirements of this section.(4) The owner of an exempt local-haul trailer must notify the Executive Officer if the information submitted in accordance with sections 95306(b), 95306(c), and 95306(e) has changed, and must submit the updated information to the Executive Officer within 15 days of change.(5) For an exempt local-haul trailer that is removed from an owner's local-haul fleet, taken out of service, or is otherwise no longer exempt, the owner must notify the Executive Officer and update the local-haul trailer information submitted in accordance with section 95306(e) to reflect this change in status prior to change in ownership of the trailer, or prior to the trailer traveling on a highway within California, whichever occurs first, or within 30 days of the trailer being taken out of service.(6) A 2011 or subsequent model year sleeper cab HD tractor is exempt from the requirements of section 95303(a)(1), but still must comply with the requirements of section 95303(a)(2), while it is pulling a local-haul trailer that is exempt under section 95305(c).(d)Drayage Tractor-Trailer Exemption Requirements. (1) A drayage tractor pulling a long box-type trailer on a California highway within 100 miles of a port or intermodal railyard, and the trailer it pulls, are exempt from sections 95303(a) and 95303(b), as applicable, provided:(A) the trailer was off-loaded from an ocean-going vessel or rail car at the port or intermodal railyard prior to being pulled by the drayage tractor, and the driver has documentation indicating the port or intermodal railyard of origin; or(B) the drayage tractor is transporting the trailer to the port or intermodal railyard to be loaded onto an ocean-going vessel or rail car, and the driver has documentation indicating the port or intermodal railyard of destination.(e)Storage Trailer Exemption Requirements.(1) A storage trailer is exempt from the requirements of section 95303(b) if the storage trailer has been registered in accordance with the requirements of section 95306, Short-Haul Tractor, Local-Haul Tractor, Local-Haul Trailer, and Storage Trailer Registration Requirements, and the storage trailer is traveling under a valid Relocation Pass.(2) A storage trailer exemption will remain in effect as long as the owner and the exempt storage trailer are in compliance with the requirements of this section.(3) The owner of an exempt storage trailer must notify the Executive Officer if the information submitted in accordance with sections 95306(b) and 95306(e) has changed, and must submit the updated information to the Executive Officer within 15 days of the change.(4) For an exempt storage trailer that is removed from an owner's storage trailer fleet, taken out of service, or is otherwise no longer exempt, the owner must notify the Executive Officer and update the exempt storage trailer information submitted in accordance with section 95306(e) to reflect this change in status prior to change in ownership of the trailer, or prior to the trailer traveling on a highway within California, whichever occurs first, or within 30 days of the trailer being taken out of service.(5) A HD tractor is exempt from the requirements of section 95303(a) while it is pulling a storage trailer that is exempt under section 95305(e).(f)Relocation Pass for Trailers.(1) An owner that obtains a Relocation Pass for a registered local-haul trailer or a registered storage trailer may operate that vehicle in accordance with the provisions of sections 95305(f)(1)(A) or 95305(f)(1)(B) for a specified period, as determined by the Executive Officer, not to exceed five consecutive days. (A) A registered local-haul trailer traveling under a Relocation Pass may transport freight on a California highway further than 100 miles from its local-haul base while en route to a new local-haul base that is located further than 100 miles from its current local-haul base, or en route to an out-of-state location.(B) A registered storage trailer traveling under a Relocation Pass may transport freight on a California highway while en route to a new storage trailer location, or en route to an out-of-state location.(2) An owner that obtains a Relocation Pass for a long box-type trailer that is not a registered local-haul trailer or registered storage trailer may operate that vehicle on a California highway exempt from the requirements of section 95303(b) for a specified period, as determined by the Executive Officer, not to exceed five consecutive days provided that the following requirements are met: (A) after the trailer's Relocation Pass expires, the trailer may not be used to transport freight on a California highway until it is a registered local-haul trailer and operated in accordance with the provisions of section 95305(c), or(B) after the trailer's Relocation Pass expires, the trailer will not be used to transport freight on a California highway until it is registered as a storage trailer and operated in accordance with the provisions of section 95305(e), or(C) after the trailer's Relocation Pass expires, the trailer will not be used to transport freight on a California highway until it complies with the equipment requirements of 95303(b).(3) An owner that relocates a registered local-haul trailer to a new local-haul base under a Relocation Pass must assign the trailer to the local-haul base of destination prior to beginning travel under the Relocation Pass.(4) To obtain a Relocation Pass, a request to the Executive Officer must be made prior to the trailer's relocation. In the request, the owner must provide the Executive Officer with the following information:(A) Owner contact information, as specified in section 95306(b).(B) Trailer vehicle identification number (VIN).(C) Street address of location of trailer where travel under the Relocation Pass will begin.(D) Street address of location of trailer where travel under the Relocation Pass will end.(E) Anticipated date trailer will begin relocation travel.(5) Regardless of ownership, a trailer will be granted no more than four Relocation Passes per year that are issued in accordance with the requirements of section 95305(f).(6) A trailer that has been issued a Relocation Pass in accordance with section 95305(f)(1) may not be issued another Relocation Pass until 30 days after the Pass was issued.(7) A trailer that has been issued a Relocation Pass in accordance with section 95305(f)(2) may not be issued another Relocation Pass until 30 days after the trailer was registered as a local-haul trailer or storage trailer in accordance with sections 95305(c) or 95305(e), respectively.(8) The Executive Officer will respond to a request for a Relocation Pass within 15 days of receiving the information identified in section 95305(f)(4) and notify the owner in writing of the decision. (A) If approved, and upon confirmation of the date of travel by the owner, the Executive Officer will provide the owner with a Relocation Pass in electronic or written format that will contain the following information: 1. Effective dates of the Relocation Pass which shall not exceed five consecutive days beginning with the date the trailer will begin travel.2. Relocation Pass Approval Number.(g)Transfer of Ownership Pass for Trailers. (1) Either party (the transferor or transferee) involved in the transfer of ownership of a long box-type trailer may obtain a Transfer of Ownership Pass for that trailer up to 30 days prior to the transfer of ownership.(2) A long box-type trailer traveling under a Transfer of Ownership Pass for the purpose of delivering such trailer from the transferor to the transferee is temporarily exempt from the requirements of section 95303(b).(3) To obtain a Transfer of Ownership Pass, a request to the Executive Officer must be made prior to the start of trailer delivery from the transferor to the transferee. The request must be made by whomever is the trailer's registered owner at the time of delivery, either the transferor or transferee. In the request, the transferor or transferee must provide the Executive Officer the following information for each trailer: (A) Transferor's contact information: 1. Transferor's name, and if a corporate entity or governmental agency is selling the trailer, the responsible official and title (if applicable);2. Name of transferor's company, corporation, or governmental agency (if applicable);3. Corporate parent (if applicable);4. Motor carrier identification number and type (if applicable);5. Vehicle dealer license number and state where it was issued (if applicable);6. Street address of transferor or transferor's company including city, state or province, zip code, colonia (Mexico only), and country;7. Mailing address including city, state or province, zip code, colonia (Mexico only), and country;8. Physical address of location where records pertaining to the applicable sale will be maintained including city, state or province, zip code, colonia (Mexico only), and country;9. Transferor's contact person's name;10. Telephone number of contact person;11. Email address of contact person (if available);12. Company taxpayer identification number (if applicable); and13. TRUCRS identification number of corporate parent (if one has been obtained).(B) Transferee's contact information: 1. Transferee's name, and if a corporate entity or governmental agency is buying the trailer, the responsible official and title (if applicable);2. Name of transferee's company, corporation, or governmental agency (if applicable);3. Corporate parent (if applicable);4. Motor carrier identification number and type (if applicable);5. Vehicle dealer license number and state where it was issued (if applicable);6. Street address of transferee or transferee's company including city, state or province, zip code, colonia (Mexico only), and country;7. Mailing address including city, state or province, zip code, colonia (Mexico only), and country;8. Physical address of location where records pertaining to the applicable sale will be maintained including city, state or province, zip code, colonia (Mexico only), and country;9. Transferee's contact person's name;10. Telephone number of contact person;11. Email address of contact person (if available);12. Company taxpayer identification number (if applicable); and13. TRUCRS identification number of corporate parent (if one has been obtained).(C) Trailer identification number (VIN).(D) Address of trailer location prior to start of delivery.(E) Address of trailer location when delivery is complete.(F) Date when trailer is scheduled to begin travel on a California highway under the Transfer of Ownership Pass.(G) Date when trailer is scheduled to end travel on a California highway under the Transfer of Ownership Pass.(H) If the total length of time from when the trailer is scheduled to begin travel on a California highway under the Transfer of Ownership Pass to when the trailer is scheduled to end travel on a California highway under the Transfer of Ownership Pass is greater than five consecutive days, the Executive Officer may request additional information from the transferee.(4) For transfers of ownership where the transferor or transferee is not a licensed vehicle dealer, once a Transfer of Ownership Pass has been approved for a trailer, the transferor and transferee are not jointly eligible for another Transfer of Ownership Pass for that same trailer until one year from the last effective date of the approved Transfer of Ownership Pass.(5) For transfers of ownership where the transferor or transferee is a licensed vehicle dealer, once a Transfer of Ownership Pass has been approved for a trailer, the transferor and transferee are jointly eligible for only one additional Transfer of Ownership Pass for that same trailer within the one year period that begins with the last effective date of the first approved Transfer of Ownership Pass.(6) The Executive Officer will respond to a request for a Transfer of Ownership Pass within 15 days of receiving the information identified in section 95305(g)(3) and notify the transferor or transferee in writing of the decision. (A) If approved, The Executive Officer will provide a Transfer of Ownership Pass in electronic or written format that will contain the following information:1. Effective dates of the Transfer of Ownership Pass.2. Transfer of Ownership Pass Approval Number.(h)Non-compliant Tractor Pass(1) Until January 1, 2015, a HD tractor traveling under a Non-compliant Tractor Pass while pulling a long box-type trailer on a highway within California is temporarily exempt from the requirements of section 95303(a) for a specified period, as determined by the Executive Officer, not to exceed five consecutive days.(2) A long box-type trailer pulled by a HD tractor traveling under a Non-compliant Tractor Pass on a highway within California is temporarily exempt from the requirements of section 95303(b) for a specified period, as determined by the Executive Officer, not to exceed five consecutive days.(3) To obtain a Non-compliant Tractor Pass, the tractor owner must make a request to the Executive Officer prior to affected travel. In the request, the owner must provide the following information for each tractor. (A) Owner contact information, as specified in section 95306(b).(B) Tractor identification number (VIN).(C) Date tractor will begin travel, or enter California if traveling from out of state location, under the Non-compliant Tractor Pass.(4) No owner will be granted more than one Non-compliant Tractor Pass per year(5) Only one tractor per fleet operating under a common United States Department of Transportation (USDOT) number, motor carrier identification number, or International Registration Plan (IRP) fleet number will be granted a Non-compliant Tractor Pass per year.(6) The Executive Officer will respond to a request for a Non-compliant Tractor Pass within 15 days of receiving the information identified in section 95305(h)(3) and notify the owner in writing of the decision. (A) If approved, The Executive Officer will provide the owner with a Non-compliant Tractor Pass in electronic or written format that will contain the following information: 1. Effective dates of the Non-compliant Tractor Pass.2. Non-compliant Tractor Pass Approval Number.(i)Trailer Aerodynamic Equipment Compliance Delay(1) An owner of a dry-van or refrigerated-van trailer that is subject to the requirements of section 95303(b) may apply for a Trailer Aerodynamic Equipment Compliance Delay if the trailer is configured such that existing aerodynamic technologies necessary to meet the requirements defined in sections 95303(b)(1)(C)2. or 95303(b)(3)(B)2. for dry-van trailers, or 95303(b)(2)(C)2. or 95303(b)(3)(C)2. for refrigerated-van trailers, cannot be installed.(2) To apply for a Trailer Aerodynamic Equipment Compliance Delay, an owner must provide the Executive Officer the following information(A) Owner contact information1. Trailer owner's name, and if a corporate entity or governmental agency owns the trailer, the responsible official and title (if applicable);2. Street address of owner or owner's company including city, state or province, zip code, colonia (Mexico only), and country;3. Mailing address including city, state or province, zip code, colonia (Mexico only), and country;4. Owner contact person's name;5. Telephone number of contact person;6. Email address of contact person (if available);7. TRUCRS identification number (if applicable)(B) Trailer Information (for each candidate trailer for compliance delay)1. Trailer vehicle identification number (VIN).2. Trailer participating in Optional Compliance Schedule? (Y or N)3. Current scheduled compliance dates of trailers.4. Narrative description of why exemption is necessary. Description should clearly explain why all available aerodynamic technologies that meet the requirements defined in sections 95303(b)(1)(B)2. or 95303(b)(3)(B)2. for dry-van trailers, or 95303(b)(2)(B)2. or 95303(b)(3)(C)2. for refrigerated-van trailers cannot be installed on the trailer, and why modification of such technologies is infeasible without compromising the aerodynamic effectiveness of the technology or technologies.5. Additional supporting materials as requested by the Executive Officer.(3) Applications for a Trailer Aerodynamic Equipment Compliance Delay may be submitted to the Executive Officer in written or electronic format no sooner than one year prior to the trailer's current compliance date.(4) The Executive Officer will respond to the application for a Trailer Aerodynamic Equipment Compliance Delay within 30 days of receipt of the application, and notify the applicant in writing of the decision.(A) The Executive Officer will review the existing list of U.S. EPA SmartWay verified aerodynamic technologies and determine if any of the existing technologies can be installed to meet the requirements defined in sections 95303(b)(1)(C)2. or 95303(b)(3)(B)2. for dry-van trailers, or 95303(b)(2)(C)2. or 95303(b)(3)(C)2. for refrigerated-van trailers.(B) If the Executive Officer determines that the candidate trailer(s) identified in the application can be equipped with an aerodynamic technology that meets the requirements defined in sections 95303(b)(1)(C)2. or 95303(b)(3)(B)2. for dry-van trailers, or 95303(b)(2)(C)2. or 95303(b)(3)(C)2. for refrigerated-van trailers, the application will be denied.(C) If approved, the Trailer Aerodynamic Compliance Delay will remain in effect until the Executive Officer notifies the applicant that the U.S. EPA has verified an aerodynamic technology that can be installed on the trailer(s) to meet the requirements defined in sections 95303(b)(1)(B)2. or 95303(b)(3)(B)2. for dry-van trailers, or 95303(b)(2)(B)2. or 95303(b)(3)(C)2. for refrigerated-van trailers. The Executive Officer will use the owner contact information provided in accordance with section 95305(i)(2)(A) to contact the applicant. Once notified, the applicant will be required to install the aerodynamic technology on the trailer(s) within one year from notification.(j)Exemption for 2011 or Subsequent Model Year Tractors with Open-shoulder Drive Tires(1) Until January 1, 2013, a 2011 or subsequent model year HD tractor pulling a long box-type trailer subject to the requirements of section 95303(a) may operate on a highway within California with two or more open-shoulder drive tires mounted on the drive axle or axles that are not SmartWay Verified Technologies.(k) An owner may be prohibited by the Executive Officer from operating his or her vehicles under the provisions of section 95305 if the owner or any of the owner's vehicles that are registered exempt short-haul tractors, local-haul tractors, local-haul trailers, or storage trailers are found in violation of any requirement of section 95305.(l)Tractor-Trailer Exemption for Tractors Pulling Empty Trailers(1) A HD tractor and the long box-type trailer it is pulling are exempt from the requirements of sections 95303(a) and 95303(b) if the following conditions are met: (A) the trailer is empty, and(B) the driver of the HD tractor pulling the empty trailer, upon request, allows authorized enforcement personnel to directly view the inside of the trailer.(m)Tractor Exemption for Phase 1 Certified Tractors(1) A 2013 model year Phase 1 Certified Tractor is exempt from the requirements of section 95303(a).(n)Exemption for New Trailers(1) A long box-type trailer is exempt from the requirements of section 95303(b) for three consecutive months following the month of its manufacture. For example, if the month of manufacture is September 2013, the exemption would apply through December 2013.Cal. Code Regs. Tit. 17, § 95305
1. New section filed 12-9-2009; operative 1-1-2010 pursuant to Government Code section 11343.4 (Register 2009, No. 50).
2. Repealer and new section filed 12-12-2011; operative 1-11-2012 (Register 2011, No. 50).
3. Amendment of subsections (a)-(a)(1), new subsection (a)(9), amendment of subsection (b)(1), new subsection (b)(8), amendment of subsections (d)(1) and (f)(1)(A), repealer of subsections (i)(2)-(i)(2)(B) and (i)(6), subsection renumbering, amendment of newly designated subsection (i)(2)(B)4., new subsection (i)(4)(A), subsection relettering, amendment of newly designated subsections (i)(4)(B)-(C) and new subsections (m)-(n)(1) filed 12-5-2014; operative 12-5-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 49).
4. Editorial correction of HISTORY 3 (Register 2014, No. 50).
5. Amendment filed 2-7-2019; operative 4-1-2019 (Register 2019, No. 6). Note: Authority cited: Sections 39600, 39601, 38510, 38560 and 38560.5, Health and Safety Code. Reference: Sections 39600, 38560, 38560.5 and 38580, Health and Safety Code.
1. New section filed 12-9-2009; operative 1-1-2010 pursuant to Government Code section 11343.4 (Register 2009, No. 50).
2. Repealer and new section filed 12-12-2011; operative 1-11-2012 (Register 2011, No. 50).
3. Amendment of subsections (a)-(a)(1), new subsection (a)(9), amendment of subsection (b)(1), new subsection (b)(8), amendment of subsections (d)(1) and (f)(1)(A), repealer of subsections (i)(2)-(i)(2)(B) and (i)(6), subsection renumbering, amendment of newly designated subsection (i)(2)(B)4., new subsection (i)(4)(A), subsection relettering, amendment of newly designated subsection (i)(4)(B)-(C) and new subsections (m)-(n)(1) filed 12-5-2014; operative 1/1/2015 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 49).
4. Editorial correction of History 3 (Register 2014, No. 50).
5. Amendment filed 2-7-2019; operative 4/1/2019 (Register 2019, No. 6).