Note: This week, ASA learned about the following California regulatory information from its federal legislative counsel in Washington, DC, Kent & O’Connor.
The California Air Resources Board is continuing to develop a regulation (Smartway Truck Efficiency Regulation) that will require long-haul tractors and box-type trailers to be equipped with technologies that reduce aerodynamic drag and rolling resistance to help improve transportation efficiency within California.
The proposed rule will impact any ASA member in California that receives or ships product via long-haul tractors and box-type trailers at or from the loading dock.
This measure will impact those who are involved in the transportation of freight within California, including motor carriers, truck owner/operators, shippers, consignees, and brokers. The intent of the rule is to make the receiver subject to the rule if a truck that arrives at the loading dock is not in compliance with CA emission standards.
The rule assumes that the shipper or receiver will rely on certification from the shipper, broker or carrier. What is not clear is the level of due diligence that will be required by the shipper/receiver to confirm the accuracy of the certification. Part of ARB’s rationale is that this approach is more equitable to the trucking industry.
The following is from the text of the draft rule:
(11) Requirements for California-based Shippers and Receivers
(A) A California-based Shipper or Receiver must:
1. ensure that all freight transported of freight by a HD tractor and a 53-foot box-type trailer from the California-based shipper or receiver facility is shipped using HD tractors and trailers that comply with the operating requirements and compliance deadlines set forth in subsections (d)(1) through (d)(5);
2. ensure that, prior to contracting for any shipment or receipt of goods using a 53-foot box-type trailer, that the broker and motor carrier have taken all necessary steps to ensure that the owner of the 53-foot box-type trailer has reported the trailer in accordance with subsection (g)(2) or (g)(3), as applicable.
The draft regulations are now available at http://www.arb.ca.gov/cc/smartway/meetings/SWReg52108vers.pdf.
The ARB encourages all those who will be affected by this regulation to attend one of its scheduled workshops. Participation in the workshops will provide all affected parties with the opportunity to have input into the development of these regulations. The current workshop schedule (subject to change) can be found at the following link: http://www.arb.ca.gov/cc/smartway/meetings/meetings.htm.
The ARB also encourages all those who will be affected by this regulation to join is e-mail list. To do so, please visit http://www.arb.ca.gov/listserv/smartway.htm.
If you have any questions about the Smartway Truck Efficiency Regulation, please contact Daniel Hawelti at (626) 450-6149 or dhawelti@arb.ca.gov.