Applicability

The regulation applies to anyone (any person, business, or government agency) who either owns or operates within California any diesel fueled or alternative diesel fueled off-road compression ignition vehicle engine with maximum power of 25 horsepower (hp) or greater that is used to provide motive power in any vehicle that (1) cannot be registered and driven safely on-road or was not designed to be driven on-road, and (2) is not an implement of husbandry or recreational off-highway vehicle.

Vehicles that were designed to be driven on-road, have on-road engines, and still meet the original manufacturer’s on-road engine emission certification standard are considered on-road and are specifically excluded from this regulation

Off-road vehicles that were designed for off-road use and have off-road engines are considered off-road and are subject to this regulation, even if they have been modified so that they can be driven safely on-road.

This regulation also applies to any person who sells a vehicle with an engine within California.

Vehicles with engines subject to this regulation are used in construction, mining, rental, government, landscaping, recycling, land filling, manufacturing, warehousing, ski industry, composting, airport ground support equipment, industrial, and other operations.

The regulation does not cover locomotives, commercial marine vessels, marine engines, recreational vehicles, or combat and tactical support equipment. The regulation also does not cover stationary or portable equipment, equipment or vehicles used exclusively in agricultural operations, or equipment already subject to the Regulation for Mobile Cargo Handling Equipment at Ports and Intermodal Rail Yards.

Spark ignition off-road vehicles, such as propane or gasoline powered forklifts, are covered by a separate ARB Regulation, with differing requirements and compliance schedules. Contact AWR Consulting for details.

Off-road diesel vehicles owned and operated by an individual for personal, noncommercial, and non-governmental purposes are exempt from the provisions of this regulation.