Cal. Code Regs. Tit. 17, § 95662 - Definitions

(a) The definitions in Section 1900(b), chapter 1, title 13 of the California Code of Regulations (CCR) apply to these procedures with the following additions:

(1) "Diesel" means a type of engine with operating characteristics significantly similar to the theoretical Diesel combustion cycle. The non-use of a throttle during normal operation is indicative of a diesel engine.

(2) "Day cab" means a type of tractor cab that is not a sleeper cab or a heavy-haul tractor cab.

(3) "Deteriorated emission level" means the emission level that results from applying the appropriate deterioration factor to the official emission result of the emission-data vehicle. Note that where no deterioration factor applies, references in this part to the deteriorated emission level mean the official emission result.

(4) "Gross combination weight rating" (GCWR) means the value specified by the vehicle manufacturer as the maximum weight of a loaded vehicle and trailer, consistent with good engineering judgment. For example, compliance with SAE J2807 is generally considered to be consistent with good engineering judgment, especially for Class 3 and smaller vehicles.

(5) "Gross vehicle weight rating" (GVWR) means the value specified by the vehicle manufacturer as the maximum design loaded weight of a single vehicle, consistent with good engineering judgment.

(6) "Heavy heavy-duty engine" means an engine that is designed for multiple rebuilds and has cylinder liners. Vehicles equipped with these engines are normally tractors, trucks, straight trucks with dual rear axles, and buses used in inter-city, long-haul applications. These vehicles normally exceed 33,000 pounds GVWR.

(7) "Heavy-duty engine" means any engine used for (or for which the engine manufacturer could reasonably expect to be used for) motive power in a heavy-duty vehicle.

(8) "Heavy-duty vehicle" means any trailer and any motor vehicle above 8,500 pounds GVWR, a curb weight above 6,000 pounds, or a basic vehicle frontal area greater than 45 square feet, for the purposes of this subarticle only.

(A) "Light heavy-duty vehicle" means a heavy-duty vehicle at or below 19,500 pounds GVWR.

(B) For the purposes of this subarticle only, Phase 1 Otto-cycle and diesel vehicles are classified as follows:

1. "Medium heavy-duty vehicle" (medium HDV) means a heavy-duty vehicle above 19,500 pounds GVWR but at or below 33,000 pounds GVWR.

2. "Heavy heavy-duty vehicle" (heavy HDV) means a heavy-duty vehicle above 33,000 pounds GVWR.

(C) For the purposes of this subarticle only, Phase 2 vehicles are classified as follows:

1. For Otto-cycle vocational vehicles, "medium HDV" means a heavy-duty vehicle above 19,500 pounds GVWR.

2. For diesel vocational vehicles, "medium HDV" means a heavy-duty vehicle above 19,500 pounds GVWR with an installed light or medium heavy-duty engine.

3. For diesel vocational vehicles, "heavy HDV" means a heavy-duty vehicle above 19,500 pounds GVWR with an installed heavy heavy-duty engine.

(9) "Heavy-haul tractor" means a tractor with GCWR greater than or equal to 120,000 pounds. A heavy-haul tractor is not a vocational tractor in Phase 2.

(10) "Light heavy-duty engine" means an engine that is usually not designed for rebuild and does not have cylinder liners. Vehicle body types equipped with these engines might include any heavy-duty vehicle built from a light-duty truck chassis, van trucks, multi-stop vans, and some straight trucks with a single rear axle. Typical applications would include personal transportation, light-load commercial delivery, passenger service, agriculture, and construction. The GVWR of these vehicles is normally at or below 19,500 pounds.

(11) "Manufacturer" means any person engaged in the manufacturing or assembling of new motor vehicles or new motor vehicle engines, or importing such vehicles or engines for resale, or who acts for and is under the control of any such person in connection with the distribution of new motor vehicles and new motor vehicle engines, but shall not include any dealer with respect to new motor vehicles or new motor vehicle engines received by him in commerce. In general, this term includes any person who manufactures or assembles a vehicle (including a trailer or another incomplete vehicle) for sale in California or otherwise introduces a new motor vehicle into commerce in California. This includes importers who import vehicles for resale, entities that manufacture glider kits, and entities that assemble glider vehicles.

(12) "Medium heavy-duty engine" means an engine that may be designed for rebuild and may have cylinder liners. Vehicle body types equipped with these engines would typically include school buses, straight trucks with single rear axles, city tractors, and a variety of special purpose vehicles such as small dump trucks, and refuse trucks. Typical applications would include commercial short haul and intra-city delivery and pickup. Engines in this group are normally used in vehicles whose GVWR ranges from 19,501 to 33,000 pounds.

(13) "Medium-duty engine" means any heavy-duty engine that is used to propel a medium-duty vehicle.

(14) "Medium-duty passenger vehicle" (MDPV) has the meaning given in title 13, CCR §1900.

(15) "Medium-duty vehicle" means any heavy-duty low-emission, ultra-low-emission, super-ultra-low-emission or zero-emission vehicle certified to the standards in title 13, CCR §§1961(a)(1), 1961.2, 1962, 1962.1, and 1962.2, except medium-duty passenger vehicles, having a manufacturer's gross vehicle weight rating between 8,501 and 14,000 pounds.

(16) "Model year" means one of the following for compliance with this subarticle. Note that manufacturers may have other model year designations for the same vehicle for compliance with other requirements or for other purposes:

(A) For tractors and vocational vehicles with a date of manufacture on or after January 1, 2021, the vehicle's model year is the calendar year corresponding to the date of manufacture; however, the vehicle's model year may be designated to be the year before the calendar year corresponding to the date of manufacture if the engine's model year is also from an earlier year. Note that 40 Code of Federal Regulations (CFR) §1037.601(a)(2), as amended October 25, 2016, limits the extent to which vehicle manufacturers may install engines built in earlier calendar years.

(B) For trailers and for Phase 1 tractors and vocational vehicles with a date of manufacture before January 1, 2021, "model year" means the manufacturer's annual new model production period, except as restricted under this definition and 40 CFR part 85 , subpart X, as amended January 24, 1995. It must include January 1 of the calendar year for which the model year is named, may not begin before January 2 of the previous calendar year, and it must end by December 31 of the named calendar year. The model year may be set to match the calendar year corresponding to the date of manufacture.

1. The manufacturer who holds the Executive Order for the vehicle must assign the model year based on the date when its manufacturing operations are completed relative to its annual model year period. In unusual circumstances where completion of your assembly is delayed, we may allow you to assign a model year one year earlier, provided it does not affect which regulatory requirements will apply.

2. Unless a vehicle is being shipped to a secondary manufacturer that will hold the Executive Order, the model year must be assigned prior to introduction of the vehicle into California commerce. The certifying manufacturer must redesignate the model year if it does not complete its manufacturing operations within the originally identified model year. A vehicle introduced into California commerce without a model year is deemed to have a model year equal to the calendar year of its introduction into California commerce unless the certifying manufacturer assigns a later date.

(17) "Motor vehicle" has the meaning given in Health and Safety Code section 39039.

(18) "Otto-cycle" means relating to a gasoline-fueled engine or any other type of engine with a spark plug (or other sparking device) and with operating characteristics significantly similar to the theoretical Otto combustion cycle. Otto-cycle engines usually use a throttle to regulate intake air flow to control power during normal operation.

(19) "Phase 1" means relating to the Phase 1 standards specified in title 17, CCR, § 95663. For example, a vehicle subject to the Phase 1 standards is a Phase 1 vehicle. Note that there are no Phase 1 standards for trailers.

(20) "Phase 2" means relating to the Phase 2 standards specified in title 17, CCR, § 95663.

(21) "Sleeper cab" means a type of tractor cab that has a compartment behind the driver's seat intended to be used by the driver for sleeping, and is not a heavy-haul tractor cab. This includes cabs accessible from the driver's compartment and those accessible from outside the vehicle.

(22) "Tire rolling resistance level" means a value with units of kg/tonne that represents the rolling resistance of a tire configuration. Tire rolling resistance levels are used as modeling inputs under 40 CFR §§ 1037.515 and 1037.520, as amended October 25, 2016. Note that a manufacturer may use the measured value for a tire configuration's coefficient of rolling resistance, or assign some higher value.

(23) "Tractor" means a truck designed primarily for drawing other motor vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and the load so drawn. This includes most heavy-duty vehicles specifically designed for the primary purpose of pulling trailers but does not include vehicles designed to carry other loads. For purposes of this definition "other loads" would not include loads carried in the cab, sleeper compartment, or toolboxes. Examples of vehicles that are similar to tractors but that are not tractors under this part include dromedary tractors, automobile haulers, straight trucks with trailers hitches, and tow trucks. Note that the provisions of this part that apply for tractors do not apply for tractors that are classified as vocational tractors under 40 CFR § 1037.630, as amended October 25, 2016.

(24) "Trailer" means a piece of equipment designed for carrying cargo and for being drawn by a tractor when coupled to the tractor's fifth wheel. These trailers may be known commercially as semi-trailers or truck trailers. This definition excludes equipment that serve similar purposes but are not intended to be pulled by a tractor, whether or not they are known commercially as trailers. Trailers may be divided into different types and categories as described in paragraphs (A) through (D) of this definition. The types of equipment identified in paragraph (E) of this definition are not trailers for purposes of this part.

(A) Box vans are trailers with enclosed cargo space that is permanently attached to the chassis, with fixed sides, nose, and roof. Tank trailers are not box vans.

(B) Box vans with self-contained heating, ventilation, and air conditioning (HVAC) systems are refrigerated vans. Note that this includes systems that provide cooling, heating, or both. All other box vans are dry vans.

(C) Trailers that are not box vans are non-box trailers. Note that the standards for non-box trailers in this part 1037 apply only to flatbed trailers, tank trailers, and container chassis.

(D) Box vans with length at or below 50.0 feet are short box vans. Other box vans are long box vans.

(E) The following types of equipment are not trailers for purposes of this part 1037:

1. Containers that are not permanently mounted on chassis.

2. Dollies used to connect tandem trailers.

(25) "Useful life" means the period during which a vehicle is required to comply with all applicable emission standards.

(26) "Vehicle" means, for the purposes of this subarticle only, equipment intended for use on highways that meets the criteria of paragraph (A) of this definition, as follows:

(A) The following equipment are vehicles:

1. A piece of equipment that is intended for self-propelled use on highways becomes a vehicle when it includes at least an engine, a transmission, and a frame. (Note: For purposes of this definition, any electrical, mechanical, and/or hydraulic devices attached to engines for the purpose of powering wheels are considered to be transmissions.)

2. A piece of equipment that is intended for self-propelled use on highways becomes a vehicle when it includes a passenger compartment attached to a frame with axles.

3. Trailers. A trailer becomes a vehicle when it has a frame with one or more axles attached.

(B) Vehicles other than trailers may be complete or incomplete vehicles as follows:

1. A complete vehicle is a functioning vehicle that has the primary load carrying device or container (or equivalent equipment) attached. Examples of equivalent equipment would include fifth wheel trailer hitches, firefighting equipment, and utility booms.

2. An incomplete vehicle is a vehicle that is not a complete vehicle. Incomplete vehicles may also be cab-complete vehicles. This may include vehicles sold to secondary vehicle manufacturers.

3. The primary use of the terms "complete vehicle" and "incomplete vehicle" are to distinguish whether a vehicle is complete when it is first sold as a vehicle.

4. You may ask us to allow you to certify a vehicle as incomplete if you manufacture the engines and sell the unassembled chassis components, as long as you do not produce and sell the body components necessary to complete the vehicle.

(27) "Vocational tractor" means a vehicle classified as a vocational tractor under 40 CFR § 1037.630, as amended October 25, 2016.

(28) "Vocational vehicle" means relating to a vehicle subject to the standards of 40 CFR § 1037.105 (including vocational tractors), as amended October 25, 2016.

Notes

Cal. Code Regs. Tit. 17, § 95662

1. New section filed 12-5-2014; operative 12-5-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 49).
2. Editorial correction of HISTORY 1 (Register 2014, No. 50).
3. Repealer of subsections (a)(4)-(a)(4)(B) and subsection renumbering filed 7-25-2016; operative 7-25-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 31).
4. Amendment filed 2-7-2019; operative 4-1-2019 (Register 2019, No. 6).
5. Amendment of subsection (a)(15) filed 12-22-2021; operative 12-22-2021 (Register 2021, No. 52). Transmission deadline specified in Government Code section 11346.4(b) extended 60 calendar days pursuant to Executive Order N-40-20. Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.

Note: Authority cited: Sections 38501, 38505, 38510, 38560, 39010, 39600, 39601, 43013, 43018, 43101, 43104, and 43105, Health and Safety Code. Reference: Sections 38501, 38505, 38510, 38560, 38580, 39002, 39003, 39600, 39601, 43000, 43009.5, 43013, 43018, 43100, 43101, 43101.5, 43102, 43104, 43105, 43106, 43205, 43205.5, and 43211, Health and Safety Code.

1. New section filed 12-5-2014; operative 1/1/2015 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 49).
2. Editorial correction of History 1 (Register 2014, No. 50).
3. Repealer of subsections (a)(4)-(a)(4)(B) and subsection renumbering filed 7-25-2016; operative 7/25/2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 31).
4. Amendment filed 2-7-2019; operative 4/1/2019 (Register 2019, No. 6).
5. Amendment of subsection (a)(15) filed 12-22-2021; operative 12/22/2021 (Register 2021, No. 52). Transmission deadline specified in Government Code section 11346.4(b) extended 60 calendar days pursuant to Executive Order N-40-20. Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.