California to Create Database on Trucks
It seems the California Air Resources Board (CARB) simply cannot stop regulating the trucking industry. Stemming from a state bill from 2019, CARB is now collecting data on non-gasoline trucks, buses, and other heavy-duty vehicles.
Details
This mandate applies to all trucks that perform business in California, regardless of whether or not the truck and its fleet’s primary business operations are located within state borders. CARB is asking drivers to register with the Clean Truck Check database, and pay an annual $30 per vehicle compliance fee.
The regulation goes beyond just standard data entry and fees, however. Trucks equipped with engines from model year 2013 or newer with on-board diagnostics will have to submit an emissions test twice a year, increasing to quarterly after three years. Trucks that are older than 2013 do not get to avoid testing; they will be required to undergo a visual inspection by a certified tester. CARB lists credentialed testers that it approves of nationwide. Notably, trucks that are zero-emission, as evidenced by the lack of an exhaust pipe, are exempt from all of these regulations, making it possible that this is a system put in place to incentivize truck fleets to make the switch by piling inconveniences.
The requirement to register with the Clean Truck Check database is December 31st. Afterwards, it is likely that California will start implementing fees and other punitive measures.
Conclusion
We at TopMark Funding have been in the trucking industry to know what is going to happen next: lawsuits. Tons of lawsuits. It is possible California may have authority to collect a database on trucks that primarily operate in its borders, but requiring truckers from New Jersey who drive fewer than 200 miles per year within California’s borders to register, pay fees, and submit tests will no doubt be challenged by trucking associations under the Federal Aviation Administration Authorization Act, the Commerce Clause in the United States Constitution, and many other statutes.
It seems that lawmakers and regulators in California are seeing how far they can stretch the envelope to see what it is they are able to get away with. To what extent they go, we will have to wait and see.
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