Section 20-916. HEAVY DUTY DIESEL ENGINE EMISSION STANDARDS

 

916.1This section shall apply to new heavy duty diesel engines produced for the 2005 and 2006 model years, and to heavy duty vehicles containing new heavy duty diesel engines produced for the 2005 and 2006 model years, pursuant to the authority provided in section 177 of the Clean Air Act (Section 177 Program).

 

916.2No heavy duty vehicle equipped with a 2005 or 2006 model year heavy duty diesel engine ("HDDE") may be registered in the District unless the applicant presents documentation showing that the California Air Resources Board ("CARB") has issued an Executive Order for the engine, certifying that the engine complies with the applicable exhaust emission standards under Title 13, section 1956.8 of the California Code of Regulations ("CCR"), as in effect on January 1, 2001. No person who is a resident of the District, or who operates an established place of business within the District, shall sell, lease, rent, import, deliver, lease, purchase, acquire, or receive in the District, or offer for sale, lease, or rental in the District (or attempt or assist in any such prohibited action) any of the following types of motor vehicles or engines that are intended primarily for use or for registration in the District, unless the manufacturer of the engine has received an Executive Order:

 

(a)A 2005 or 2006 model year HDDE;

 

(b)A new heavy duty vehicle equipped with a 2005 or 2006 model year HDDE; or

 

(c)A heavy duty vehicle with a new 2005 or 2006 model year HDDE.

 

916.3Notwithstanding the requirements of section 916.2, this section shall not apply to:

 

(a)A model year 2005 or 2006 HDDE manufactured by an ultra-small volume manufacturer or intended for use in an urban bus;

 

(b)An engine if, following a technology review, the CARB determines that it is inappropriate to require compliance for HDDE's of that particular model year and engine family;

 

(c)A vehicle acquired by a resident of the District for the purpose of replacing a vehicle registered to the resident that was damaged or became inoperative beyond reasonable repair, or was stolen while out of the District; provided that the replacement vehicle is acquired outside the District at the time the previously owned vehicle was either damaged or became inoperative or was stolen;

 

(d)A vehicle transferred by inheritance, or by a decree of divorce, dissolution, or legal separation entered by a court of competent jurisdiction;

 

(e)A motor vehicle having a certificate of conformity issued pursuant to the Clean Air Act and originally registered in another state by a resident of that state who subsequently establishes residence in the District and who, upon registration of the vehicle in the District provides satisfactory evidence to the Department of Motor Vehicles of the previous residence and registration;

 

(f)An emergency vehicle;

 

(g)A military tactical vehicle or equipment; or

 

(h)Any other vehicles exempted by the California Health and Safety Code, section 43656.

 

916.4Any order or enforcement action taken by the CARB to correct noncompliance with any HDDE requirements adopted by the Board on December 8, 2000 shall be applicable to all engines and HDV's subject to this section, sold, leased, or rented, offered for sale, lease, or rental, or registered in the District, except where the manufacturer demonstrates to the Department of Health's satisfaction, within 21 days of issuance of the CARB action, that this action is not applicable to the engines or vehicles in the District.

 

916.5Any voluntary or influenced emission-related recall campaign initiated by any manufacturer pursuant to Title 13, sections 2113 through 2121 of the California Code of Regulations shall extend to all applicable engines and motor vehicles subject to this section sold, leased, or rented, offered for sale, lease, or rental, or registered in the District, except where the manufacturer demonstrates to the Department of Health's satisfaction, within 21 days of approval of the campaign by the CARB, that this campaign is not applicable to the engines or vehicles in the District.