CARB Lawsuit Rolls Back Ag Provisions

The Truck and Bus Regulation will be making significant changes once again after the 5th Circuit Court of Appeals ruled in favor of the plaintiff regarding agricultural provisions added during 2014.  The plaintiff (John R. Lawson Rock and Oil of Fresno, partnering with the California Trucking Association), sued CARB in Fresno County Superior Court claiming that the amendments to the Truck and Bus Regulation were unfair to other industries based off of extended timelines for compliance and an increased allowance in mileage for agricultural fleets.  The Superior Court ruled in favor of the plaintiffs and CARB quickly filed an appeal with the 5th Circuit.  In January, the Superior Court also ruled in favor of the plaintiff, removing the 2014 amendments.
This week, letters are being sent to Truck and Bus Stakeholders throughout the state regarding the changes that will take place once the court’s decision becomes effective.  Changes to the rule include:

  • Low Use Exemption: Less than 1000 miles allowed in California per year only.
  • Agricultural Vehicle Mileage Requirements: Starting January 1, 2011, vehicles that operated less than 10,000 miles per year can continue to use the extension until January 1, 2023.

While the letters are not specific on the date in which the court decision goes into effect, it should be noted that the letter indicates that non-compliance during this next year of reporting will result in required replacement, repower or retrofit of the vehicles compliant with the Engine Model Year schedule of the regulations.This is crucial, if you claimed the Low-Use Exemption, then you must keep your vehicle below the 1,000 mile limitation.Ag Mileage Exemption limitations are now rolled back to 10,000 miles.If you have any questions, please feel free to contact us here at the office.