Have YOU been cited for a CARB violation?

Allan M · Feb 1, 2013

I'm a cautious person and if my primary haul was in and out of California I would either buy a newer truck or retrofit a DPF. I've got until the end of the year and after that I will keep a watchful eye on the rates to see if they go up or not.
I live out in SC and don't have to go to CA.

wichris · Feb 1, 2013

Guntoter said: ↑

My suspicions have been confirmed. Not one person on this forum can say that he has been cited for a non compliant truck. With thousands of trucks on California roads at this very moment, NOT ONE has been cited. They will tell you you need to be compliant but CHP will tell you they do not have authority to cite, shut down, or tow a truck...

What should I do? I live in AZ and go to CA every week. It takes three months to set up a new truck to do what I do. Should I be the first O/O in the mobile home moving business to buy a new truck and then find out that everyone else can still drive their paid for trucks while I have a $3000 payment?

I called CARB and asked that question and the guy said "they are taking a chance". Three times I asked "how many citations have you guys actually issued"? HE NEVER ANSWERED ME!!!!
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There are hundreds of them. Just go to CARB and look at the case summary. List's every fine they have given(by year)and who to.

Guntoter · Feb 2, 2013

wichris said: ↑

There are hundreds of them. Just go to CARB and look at the case summary. List's every fine they have given(by year)and who to.
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I looked again... I have poured over every page of the ARB website for years. I can find several cases from before the injunction, but NONE since 2009. Most of the fines were against manufacturers back then who were not getting their engines into compliance in time (like Cat). Or fines against custom motorcycle companies, etc. I can not find ANY fines paid by O/O trucking companies, I saw some old (2008) fines paid by 50-100 truck operations for failing too many smoke tests, but none since 2009.

Guntoter · Feb 2, 2013

http://www.arb.ca.gov/enf/casesett/casesett2012.htm

If thats the page with dates and who to, they are all just fines for failing to do PSIP inspections. None of them are for driving down the road with a non-compliant truck.

Thats my point, they DO NOT, CAN NOT, WILL NOT enforce this. They can enforce intrastate rules on CA based companies but they have no legal authority to enforce this on interstate companies. The only exception to that would be if an interstate carrier does an intrastate load while in CA.

I have begged CARB to tell me Im wrong and give me the proof that they have been given the authority by DOT, EPA, or anyone to enforce state RULE (NOT LAW) on interstate carriers without violating the interstate commerce clause. I would love to hear a truck driver tell me why California can do what nobody else can. The fact that they have issued ZERO violations tells me they dont want to publicize the fact that they cant do it. They will eventually cite someone like me who will expose their fraud.

wichris · Feb 2, 2013

We have cross docked nine loads in Bastow and Vegas with carriers that were caught with non compliant TRU's. Whether the carrier was fined or not i don't know.

ShortBusKid · Feb 3, 2013

I was stopped and checked last year by the smoke police on 15. My truck was compliant so no worries. My trailer is no longer compliant so I'm going to have to either retrofit or buy newer. I won't take the chance on a $1000 fine. I think it'd just be a matter of time before you got popped if you run over there enough. Most of the brokers I deal with also have a section now on the rate sheets that has some CARB statement on it and the carrier will be responsibl for all fines. I think the whole deal with CARB is BS but I'm not ruler of the world unfortunately. Same with KS imposing property tax on apportioned motor carriers. I guess if you're going to run in the state you got to comply.

BigBadBill · Feb 3, 2013

Guntoter said: ↑

http://www.arb.ca.gov/enf/casesett/casesett2012.htm

If thats the page with dates and who to, they are all just fines for failing to do PSIP inspections. None of them are for driving down the road with a non-compliant truck.

Thats my point, they DO NOT, CAN NOT, WILL NOT enforce this. They can enforce intrastate rules on CA based companies but they have no legal authority to enforce this on interstate companies. The only exception to that would be if an interstate carrier does an intrastate load while in CA.

I have begged CARB to tell me Im wrong and give me the proof that they have been given the authority by DOT, EPA, or anyone to enforce state RULE (NOT LAW) on interstate carriers without violating the interstate commerce clause. I would love to hear a truck driver tell me why California can do what nobody else can. The fact that they have issued ZERO violations tells me they dont want to publicize the fact that they cant do it. They will eventually cite someone like me who will expose their fraud.
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You are basically saying what the law suite against CA said and CA's position was upheld. I have talked to plenty that have said they received tickets but have not seen them. But most I know well enough that I have no reason to not believe them.

Guntoter · Feb 3, 2013

You all seem to be referring to smoke tickets or PSIP violations.

I am talking about someone opening the hood on your clean NON SMOKING truck, for no other reason they just pull the hood, look at the date that the engine was manufactured and write a $300 ticket. Anyone? Anyone????

NO?

Thats what I mean. THOUSANDS of EASY pickens out there and they cant find ONE SINGLE TRUCK to cite?

If you have an excessively smoking truck you've been getting tickets for 10 years in CA,
If you are a CA based company and you don't do your PSIP inspections... You get a ticket.....

Im talking about getting a ticket ONLY because of the year your engine was built!

Allow Me. · Feb 4, 2013

Ca. is a hugh state and not every truck/trailer can be inspected. Let's call it "selective enforcement". They make the rules, if 85% abide by the rules, they're happy. Kinda like handicapped parking. If you park in a handicapped spot without a placard, you'll probably get away with it, but eventually, you'll get popped. Ca. DMV does spot enforcement of handicapped parking as well as spot enforcement of commercial vehicle registrations, usually set up at truck scales. Rolling across the scale, the guy behind the tinted glass has enough to do with weighing you and a very quick visual of your equipment. The DMV will sit in and be only concerned with registration validity, usually on rented trailers from another state. And forget about stopping all CMV entering the state and checking them for compliant, the line would be 5 miles long.

Crazy D · Feb 4, 2013

Stump said: ↑

I got a warning ticket for not having my Air Resource Number on my refer. It was registered, but no number on it. My friend got a $1000 fine for not having a compliant refer. He's was in Stockton getting a new engine put in it yesterday. So the answer is yes, you can be fined. I read in Landline now that a company in LA was handed a $300,000 fine for running old refers. They were warned a few times but did not do anything.

CARB sets up check points once or twice a year, but with the big truck deadline at the end of the year, I bet 2014. We will see alot more check points.

All the produce shippers I load at now are starting to ask for your ARB number for your refer before they load you, I only know of one that will not load you if you do not have a ARB number.

The buyer I run for sent me and all the trucks that pull for them a letter Last week asking for your ARB number and said if you are not CARB compliant, all fines will be forward to you up to not being paid for the load.

California based shippers and buyers are being fined now if they load a none compliant truck, so take a chance if you want, but don't get mad if you caught and whoever you pull for does not pay you.
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Lets get this out of the way real quick like. That broker can send you any letter they want. But that letter is NOT gonna stand up in court as far as deducting from your pay. You have an agreed upon rate con. That's a legal document at that point. Now as far as them not loading you because of no CARB number then that would be fine. But I promise you, they are not gonna be able to deduct off of your settlement. Not legally at any rate. My god. If one broker did that chaos would ensue. They all would be deducting. And companies would be paid based on what the broker decided. Please. That doesn't even make sense.

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