1. (a) Good Operating Condition Criteria for U.S. EPA SmartWay Certified Tractor Aerodynamic Technologies.

   1. (1) An aerodynamic technology such as an aerodynamic mirror, a cab side extender, a fuel tank fairing, and an integrated sleeper cab roof fairing on a U.S. EPA Certified SmartWay Tractor must meet the following criteria:

      1. (A) Each must be installed in accordance with manufacturer's specifications;
      2. (B) Each must be securely fastened to the tractor; and
      3. (C) Each must not be used if it is damaged to such an extent as to compromise its aerodynamic effectiveness.

2. (b) Good Operating Condition Criteria for Trailer Aerodynamic Technologies.

   1. (1) An aerodynamic technology installed on a box-type trailer must meet the following criteria:

      1. (A) The aerodynamic technology must either be installed:

         1. 1. in accordance with the aerodynamic technology manufacturer's specifications such that the technology continues to maintain its verified status in accordance with the requirements of the U.S. EPA SmartWay Transport Partnership Program, or
         2. 2. in a configuration approved by the Executive Officer.
      2. (B) The aerodynamic technology must be securely fastened to the trailer;
      3. (C) The aerodynamic technology must not be used with missing sections; and
      4. (D) The aerodynamic technology must not be used if damaged to such an extent as to compromise its aerodynamic effectiveness.

For purposes of this section, any cross-referenced section in title 13 or title 17 of the California Code of Regulations shall refer to the section identified as the alternative version “(Alternative)” for the corresponding section, to the extent an alternative version of that section exists.

Note: Authority cited: Sections 39600, 39601, 38510, 38560 and 38560.5, Health and Safety Code. Reference: Sections 39600, 38560, 38560.5 and 38580, Health and Safety Code.

History

1. New section 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 A Certificate of Compliance must be transmitted to OAL by 4-1-2026 or emergency language will be repealed by operation of law on the following day.

2. New section 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 A Certificate of Compliance must be transmitted to OAL by 6-30-2026 or emergency language will be repealed by operation of law on the following day.