First Name | Juliana |
---|---|
Last Name | Rodriguez |
Email Address | juliana.rodriguez@gladstein.org |
Affiliation | GNA |
Subject | Delegation of owner requirements to lessees when applicable |
Comment | We ask for edits to section 2477.12. Requirements for Lessors and Lessees to delegate owner requitements to lessees when applicable. We ask for consistency across CARB rules with definitions that affect businesses that are regularly engaged in the trade or business of renting or leasing motor vehicles without drivers. The following statements from the Advanced Clean Fleet rule should be implemented in the Airborne Toxic Control Measure for In-Use Diesel-Fueled Transport Refrigeration Units (TRU) and TRU Generator Sets, and Facilities Where TRUs Operate The ACF rules stipulates the following: B) For vehicles that are rented or leased from a business that is regularly engaged in the trade or business of renting or leasing motor vehicles without drivers, The owner shall be presumed to be the rental or leasing entity for purposes of compliance if: a. The rental or lease agreement for the vehicle is for a period of less than one year; or b. The rental or lease agreement for the vehicle is for a period of one year or longer, unless the terms of the rental or lease agreement or other equally reliable evidence identifies the party responsible for compliance with state laws for the vehicle to be the renting operator or lessee of the vehicle. Why this matters? There are immense challenges on the control of leased and rented vehicles outside of CA. If a vehicle that generally doesn't operate in CA but has one or two trips would be affected. Penske would have to change all the contracts to stipulate that entry in CA is prohibited, but that might still not stop entrance. If there was consistency across rules and the terms of the rental or lease agreement or other equally reliable evidence identifies the party responsible for compliance with state laws for the vehicle to be the renting operator or lessee of the vehicle it would be beneficial to all and encourage compliance. Regulations that are not based on vehicle registration are much harder to implement and for this reason we ask for CARB to think how they can support fleets that have these challenges. |
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Date and Time Comment Was Submitted | 2021-09-23 12:48:16 |
If you have any questions or comments please contact Clerk of the Board at (916) 322-5594.