Overdrive Magazine | Trucking Business News & Owner Operator Info
Issue link: http://read.dmtmag.com/i/232692
Logbook CARB sued over PM filter requirement The Owner-Operator Independent Drivers Association last month sued the California Air Resources Board over its requirement that 2006 model-year and older trucks be retrofitted with a particulate matter filter to run in the state. The association alleges the regulation is unfairly costly, not beneficial and unconstitutional. OOIDA asked CAT OD half 121213_Layout 1 12/13/13 11:30 AM Page 1 CAT Scale's new Weigh My Truck application will revolutionize how you weigh your loads. Go to www.weighmytruck.com to create your account and get the app. Find out more about the Weigh My Truck app. www.catscale.com 1-877-CAT-SCALE (228-7225) © 2014 CAT Scale Company Like us on Facebook. Text INFO to 205-289-3555 or visit www.ovdinfo.com Weighing on a CAT Scale has never been easier! the court to permanently stop CARB from enforcing the retrofit regulation for truck owners and operators who live outside of or primarily conduct business outside of California. OOIDA says the rule violates the Commerce Clause of the U.S. Constitution and discriminates against out-of-state truckers. CARB said it is investigating problems with PM filters and skepticism of them by truck owners and will issue a report in the spring. CARB's rule, which effectively begins Jan. 31 for fleets of three or fewer trucks, requires that trucks with 1996-2006 model-year engines be retrofitted with a PM filter to operate in the state or potentially face hefty noncompliant fines. Jim Johnston, OOIDA's president, said out-of-state operators are disproportionately affected by the rules, as they have to spend the same amount of money as in-state operators to comply even though they run fewer miles in the state. "CARB has overstepped its bounds by requiring trucks from other states to be upgraded in order to operate in California," Johnston said. CARB announced in November that it was delaying its PM filter retrofit enforcement deadline to July 1 for truck owners who report by Jan. 31 they had made efforts toward trying to comply with the retrofit law. The board last month also proposed to increase its low-use mileage exemption from 1,000 to 5,000 miles per year per truck. Another exemption would allow truck owners to run in certain NOx-exempt counties without PM filter retrofits or new equipment until January 2015. – James Jaillet 16 | Overdrive | January 2014 Untitled-8 1 Logbook_0114.indd 16 12/17/13 9:16 AM 12/20/13 11:53 AM