CARB - California Air Resources Board

[TeamCaffee]

For those of you beginning to worry about 2010 and for those of you who are not this might be some nice "light" reading for you!

Subject Top Page: On-Road Heavy-Duty Diesel Vehicles (In-Use) Regulation

 

[greg334]

Why worry?

If the owner/operators and the small fleets don't step up to the plate and really complain to put the feds on notice, it is going to happen irregardless what our Constitution and previous court decisions say. This is in effect telling an out of state trucker that they can not enter the state with the equipment that is accepted by their home state and any inaction on the part of the truckers allows California to regulate commerce on a federally funded road.

AND I am wondering, I read this thread a minute ago, went to post a reply and it just vanished and now reappeared - EO problems or super hidden admin issues?

 

[layoutshooter]

I noticed that too Greg. If kept coming and going there for a couple of minutes. Layoutshooter

 

[TeamCaffee]

AND I am wondering, I read this thread a minute ago, went to post a reply and it just vanished and now reappeared - EO problems or super hidden admin issues?

Right hidden admin issues meaning I spelled something wrong in the title and the only way to fix it was to delete MY post and then repost with the correct spelling.

I do worry about this issue as it will affect all of us even more than the speed limiter issue in Canada.

California does have the congressional right to set their own emission standards.

We will either retrofit our trucks or buy new one if we want to continue going into California. I also keep hearing there are 5 more states ready to follow in this path.

 

[layoutshooter]

MMM belly up to the bar? LOL. Layoutshooter

 

[layoutshooter]

I know I get confused over California. I know that they have the right to regulate trucks that are domiciled in California. My truck is NOT domiciled in California, it is domiciled in Michigan. It is legal there. I was under the impression that under Interstate commerce laws I could run in California since I was legal in Michigan. I get soooooo confused over this stuff. Layoutshooter

 

[greg334]

California does have the congressional right to set their own emission standards

Yes.... regulations within limits OVM.....

but they do not have the right to restrict commerce into and out of their state by any regulation, this has been settled in the 1940s when FDR bought with Wickard v. Filburn. The trucker who has their truck registered in California is subject to the laws of California while operating under their license but I am not because I am a "foreign" trucker and we all operate under the same rules when it comes down to interstate commerce. So if I go there and make a delivery, California can not tell me that I have to have something different on my truck to enter the state under the interstate commerce clause of the Constitution and under the court ruling, the feds can only do that and they can't pass that onto one state or another without stating specifically asnd negating some of the lower court decisions made after Wickard v. Filburn. They can enforce the laws that are common to all the states and maintain regulations for safety and commerce, but California can enforce the laws commont to us like the emission tags on the engines and so on. Many of us tend to forget that our collective tax money pays for these roads under the federal laws and even if Congress that we are subject to their laws, the courts can easily say otherwise.

The ture problem is that we are a fractured profession and the majority of the people in this profession drive for companies, they are not small fleet owners or owner/operators so in the bigger scheme of things the companies that all these people drive for change trucks on a regular basis as part of the SOP of the business so they will not be really affected from these changes. This is one of these sad facts of life as truckers, we are screwed by the evolution of the industry to the point that we have just steering wheel holders in most of the driver's seats.

Thanks for the info on the post, I thought it was the meds messing with my mind again - no more intense eye exams for me for a long long time.

 

[TeamCaffee]

A friend called and asked if I had looked the Excel Spreadsheet that is on CARBS website. The spreadsheet tells you pretty quick in a short period of time we will not be compliant in California.

If you click on this link Fleet Calculator (Version 090403) Enable your macros you can put in what year your engine is and if you are heavy duty and find out how long you will be legal. Does not appear as if there is much time left.

 

[FIS53]

OVM how does california classify a fleet? Do they look at the broker as the fleet owner or the name on the side of the buggy such as Fedex or Express 1? They look at the name on the side then the fleet rules and not fleet of one apply. Is this ruling open to interpretation by some yahoo with little knowledge of trucking but charged with enforcement?
Rob

 

[Scuba]

California needs to become the new Mexico where we drop loads in AZ for inbound and pick up our out bound loads from there also

 

[TeamCaffee]

I do not think California is going to differentiate between a one truck O/O or a fleet. You are either going to be legal going into California or not. This will include your Motor, your APU, and your Reefer.

 

[greg334]

As this does not apply to me at this time....it may in the future include my baby diesel...thats why the questions....

Think about it for a moment, if this applies to reefers and APUs which run at a specific speed and produces little soot while doing it, what do you think?

I am wondering what exemptions will be made under NAFTA for both Canadian and Mexican trucks, seeing that they are exempt from California through a mandated clause in the treaty, remember treaties trump California rights.