CARB sued by OOIDA (Finally)

beachbum

Veteran Expediter
Owner/Operator
Not true, since your vehicle is legal in the state it is licensed California is required to allow the vehicle into their state without changes to the vehicle. If the vehicle is licensed in California then California can require just about anything they like on the vehicle for smog as long as it's tougher then federal law and they get approval from the Federal government.
Yes they do.....just because the Feds make laws that interferes with states rights doesn't make it right...States should and do....what if they made you slowdown to 60 mph?....how about No right on a red at ALL intersections?....it could be argued that interferes with commerce...
Smog is a serious issue....with their weather patterns out there...the inversions and all.....or would you like to have to wear a air mask just to get out of truck ?....
 

beachbum

Veteran Expediter
Owner/Operator
As for speed limits, that has nothing to do with the legal equipment on a vehicle. California has no legal right to deny anyone from entering the state just because that vehicle doesn't meet their smog rules. No diesel vehicle from another state is required to have California smog systems installed on them only vehicles that are over 10001 lbs and only if they are for business use.
 

OntarioVanMan

Retired Expediter
Owner/Operator
Not true, since your vehicle is legal in the state it is licensed California is required to allow the vehicle into their state without changes to the vehicle. If the vehicle is licensed in California then California can require just about anything they like on the vehicle for smog as long as it's tougher then federal law and they get approval from the Federal government.

Basically I think CA should have the right to defend themselves from emissions....

If they want or need tougher regulations ....it IS their state. and state rights must prevail....using the commerce laws is just a stall on getting the truck upgraded...you can bet the farm if NYC had the same weather patterns, smog rules would be the issue there as well.....but since the prevailing winds take the air out to sea....no issue....
 

paullud

Veteran Expediter
Basically I think CA should have the right to defend themselves from emissions....

If they want or need tougher regulations ....it IS their state. and state rights must prevail....using the commerce laws is just a stall on getting the truck upgraded...you can bet the farm if NYC had the same weather patterns, smog rules would be the issue there as well.....but since the prevailing winds take the air out to sea....no issue....

They lost that right when they started taking federal money for roads and bridges. They need to work on their traffic and the amount of cars to actually make a difference.

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OntarioVanMan

Retired Expediter
Owner/Operator
Oh... Did Arkansas lose that right as well? You know where drop axel controls must be outside of truck instead of inside?
 

paullud

Veteran Expediter
Oh... Did Arkansas lose that right as well? You know where drop axel controls must be outside of truck instead of inside?

I'm not familiar with that law but the law doesn't require you to go out and buy a brand new truck so it doesn't interfere with commerce as CA is.

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zorry

Veteran Expediter
You don't have to buy a brand new truck for California.

You can modify the one you have.
 

zorry

Veteran Expediter
That's NOT buying a new truck.

I went from NO payment to LARGE payment myself.

I did have a choice.
 

OntarioVanMan

Retired Expediter
Owner/Operator
seems mostly out of state O/O's are really rebelling.....OTR, LTL and truckload are complying...

so...you either do CA or you don't.....very simple really....If the rewards are enough you'll invest in your business or you won't.....it is no different really then choosing a carrier...

the idea of NOT having to chain up really appeals to me...
 

paullud

Veteran Expediter
Oh... Did Arkansas lose that right as well? You know where drop axel controls must be outside of truck instead of inside?

I was just looking around a little at some regulations and it appears this is actually a federal regulation. It seems there are some states that enforce it while others don't.

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OntarioVanMan

Retired Expediter
Owner/Operator
I was just looking around a little at some regulations and it appears this is actually a federal regulation. It seems there are some states that enforce it while others don't.

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Really? some posted about getting written up on it...so far only in Ark. BUT then again Indiana loves lights...or lack of them....been stopped twice and both times Indiana....one running light and a plate light....no ticket or anything....just a contact stop for us CVers....
 

zorry

Veteran Expediter
One provence in Can, Alberta maybe, wouldn't recognize my daughter's lift axle because the controls were in the cab.
 
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zorry

Veteran Expediter
Not BC.
They got caught OW on steers, empty DR, and he said he would recognize lift if controls were out of cab.

They ended up turning around and leaving w/o a load.
 

paullud

Veteran Expediter
Really? some posted about getting written up on it...so far only in Ark. BUT then again Indiana loves lights...or lack of them....been stopped twice and both times Indiana....one running light and a plate light....no ticket or anything....just a contact stop for us CVers....

I saw a few complaints about LA issuing tickets, one was from here in 2007 and I believe the thread was started by Phil who was fined in LA. Check out this link http://onlinepubs.trb.org/onlinepubs...rp_rpt_575.pdf Depending on what page number you go by it is 23/84 for PDF #'s or page 14 in the upper corner of the manual pages. I have never done the ST or tag axle thing and this is all news to me so I'm not 100% on it being federal but I am seeing lots of states have the same regulation.


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