California Air Resources Board

Term

Definition

Code Section

Administering agency

An agency administering an incentive program subject to Chapter 3.6 Labor Standards.

Health & Saf. Code § 39682, subd. (a)

Applicable law

California laws within the Labor and Workforce Development Agency’s jurisdiction related to the misclassification of employees as independent contractors, including the failure to pay wages, imposing unlawful expenses on employees, failure to provide workers’ compensation insurance, and failure to remit payroll taxes as required under the Unemployment Insurance Code.

Health & Saf. Code § 39682, subd. (b)

Applicable law violation

A violation that has a final determination, order, judgment, or award issued against a fleet purchaser of vehicles for engaging in illegal conduct related to applicable laws and that remains unabated or unsatisfied following the period during which an appeal may be made.

Health & Saf. Code § 39682, subd. (c)

Attestation

An attestation is a formal declaration that affirms the truth or accuracy of a statement.

Not applicable

Drayage Truck

Any in-use on-road vehicle with a gross vehicle weight rating (GVWR) greater than 26,000 pounds that is used for transporting cargo, such as containerized, bulk, or break-bulk goods, that operates:

(A) on or transgresses through port or intermodal rail yard property for the purpose of loading, unloading or transporting cargo, including transporting empty containers and chassis; or

(B) off port or intermodal rail yard property transporting cargo or empty containers or chassis that originated from or is destined to a port or intermodal rail yard property.

Drayage trucks are not:

(C) Vehicles operating off of port or intermodal rail yard properties that transport cargos that have originated from a port or rail yard property but have been off-loaded from the equipment (e.g., a trailer or container) that transported the cargo from the originating port or rail yard

or

(D) Vehicles operating off of port or intermodal rail yard properties that transport cargos that are destined for a port or rail yard but will be subsequently transferred into or onto different equipment (e.g., a trailer or container) before being delivered to a port or intermodal rail yard.

Cal. Code Regs., tit. 13, § 2027, subd. (c)(15)

Fleet

One or more vehicles, owned by a person, business, or government agency traveling in California and subject to this regulation.

Cal. Code Regs., tit. 13, § 2025, subd. (d)(28)

Fleet operations

Include, but are not limited to, port drayage service and short-haul transport of goods. The state board may adopt guidance to interpret the scope of these operations to conform with law.

Health & Saf. Code § 39682, subd. (e)

Incentive

Includes a grant, loan, voucher, or other incentive, regardless of the source of revenue that funds the incentive, for the purchase of new drayage and short-haul trucks, except for revenue subject to provisions that supersede this chapter, including, but not limited to, revenues from settlement agreements, court orders, and consent decrees.

Health & Saf. Code § 39682, subd. (f)

Judgment

A judgment, order, or decree entered in a court of this state.

Code Civ. Proc. § 680.230

Lessee

The person who acquires the right to possession and use of goods under a lease.

Cal. U. Com. Code § 10103, subd. (14)

Lessor

The person who transfers the right to possession and use of goods under a lease.

Cal. U. Com. Code § 10103, subd. (10)

Rental or leasing entity

An entity in the trade or business of renting or leasing vehicles to other persons (i.e. renters or lessees) for use or operation by renters or lessees. A rental or leasing entity does not include an entity whose primary purpose is to rent or lease vehicles to an affiliated motor carrier, including a parent company or subsidiary.

Health & Saf. Code § 39682, subd. (h)

Short-haul trucking service

Movement of goods by truck within a 150-air-mile radius of the normal working reporting location while in service within the state of California.

Health & Saf. Code § 39682, subd. (g)

Unabated or unsatisfied judgment

A judgment (wages and other monies that are owed to a worker) that has not been paid in full.

Not applicable