1. (a) Any vehicle or trailer of an engine family, test group, vehicle family, trailer family, any vehicle of a subgroup of an engine family, test group, vehicle family, or trailer family, or any engine used in a piece of equipment, manufactured for sale in California, shall be subject to these test procedures during its useful life. A minimum of ten (10) in-use vehicles, engines, or trailers determined by the ARB to be properly maintained and used will be procured and tested by the ARB or its designated laboratory to represent the emission characteristics of the engine family, test group, vehicle family, trailer family, or subgroup. The ARB may test less than ten (10) in-use vehicles, engines, or trailers if the manufacturer notifies the ARB in writing that the manufacturer will accept the results from less than ten (10) vehicles, engines, or trailers as being representative of the engine family, test group, vehicle family, trailer family, or subgroup.

2. (b) No vehicle, engine, or trailer shall be accepted by the ARB as a representative vehicle, engine, or trailer for enforcement testing unless the following criteria are met:

   1. (1) California certified and registered.
   2. (2) Odometer indication of less than certified useful-life mileage and vehicle and trailer age within useful-life time period.
   3. (3) No indication of abuse (e.g., racing, overloading, misfueling, or other misuse), neglect, improper maintenance or other factors that would have a permanent effect on emission performance.
   4. (4) No major repair to engine or major repair of vehicle and trailer resulting from collision.
   5. (5) No indication of any problem that might jeopardize the safety of laboratory personnel.

   6. (6) For off-road compression-ignition engines subject to recall testing, engines shall have an hour meter indication and engine age not exceeding the following periods:

      1. (A) For all engines rated under 19 kilowatts, and for constant-speed engines rated under 37 kilowatts with rated speeds greater than or equal to 3,000 revolutions per minute, four years or 2.250 hours of operation, whichever first occurs.
      2. (B) For all other engines rated above 19 kilowatts and under 37 kilowatts, five years or 3,750 hours of operation, whichever first occurs.
      3. (C) For all engines rated at or above 37 kilowatts, seven years or 6,000 hours of operation, whichever first occurs.

Unless and until a court of competent jurisdiction issues a final ruling that H.J. Res. 88 (119th Congress) and H.J. Res. 89 (119th Congress) are invalid or that the waivers U.S. EPA granted California on January 6, 2025, 90 Federal Register 642 and 90 Federal Register 643, are in effect, regulated parties may choose to follow either this section 2137 or section 2137.0.1.

However, if a court of competent jurisdiction issues a final ruling that H.J. Res. 88 (119th Congress) and H.J. Res. 89 (119th Congress) are invalid or that the waivers U.S. EPA granted California on January 6, 2025, 90 Federal Register 642 and 90 Federal Register 643, are in effect, the regulated parties are subject to the requirements of this section 2137 to the extent consistent with the court's final ruling. Notice of the court's ruling will be posted on CARB's website, https://arb.ca.gov.

Note: Authority cited: Sections 38501, 38505, 38510, 38560, 39600, 39601, 43013, 43018 and 43105, Health and Safety Code. Reference: Health and Safety Code Sections 38501, 38505, 38510, 38560, 43000, 43009.5, 43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health and Safety Code.

History

1. Renumbering and amendment of text previously incorporated by reference in Section 2112 to Section 2137 filed 1-24-90; operative 2-23-90 (Register 90, No. 8). For prior history, see Registers 86, No. 38 and 83, No. 17.

2. Amendment of Note filed 1-26-95; operative 1-26-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 4). Note: Under section 209(e)(2) of the Federal Clean Air Act (42 U.S.C. § 7543(e)(2)), California is required to receive authorization from the Administrator of the U.S. Environmental Protection Agency (U.S. EPA) prior to enforcing its regulations regarding new off-road vehicles and engines. Accordingly, the Air Resources Board will not seek to enforce the off-highway recreational vehicle regulations until such time as it receives authorization from the U.S. EPA.

3. Amendment of subsection (a), repealer of subsection (b)(5) and subsection renumbering filed 10-28-99; operative 11-27-99 (Register 99, No. 44).

4. Amendment of section heading and subsections (a) and (b) and new subsections (b)(6)-(b)(6)(C) filed 12-28-2000; operative 12-28-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 52).

5. Amendment of section heading, subsections (a)-(b), (b)(2), and (b)(4) and Note filed 12-22-2021; operative 4-1-2022 (Register 2021, No. 52). Transmission deadline specified in Government Code section 11346.4(b) extended 60 calendar days pursuant to Executive Order N-40-20. Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.

6. New first and second paragraphs filed 10-2-2025 as an emergency; operative 10-2-2025 (Register 2025, No. 40). A Certificate of Compliance must be transmitted to OAL by 4-1-2026 or emergency language will be repealed by operation of law on the following day.

7. New first and second paragraphs refiled 3-26-2026 as an emergency; operative 4-1-2026 (Register 2026, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-30-2026 or emergency language will be repealed by operation of law on the following day.