Running in California

I live in cali just keep it under 60 stay in the right two lanes and dont wave to the chp they might think you are suspicious.

 

The case I linked is about whether they can mandate a dpf retrofit without proving their safety. It would apply to all pre emission trucks.

The OOIDA case is tilting at windmills and has zero chance of being upheld. The SCOTUS has upheld CARB's authority to regulate international container ships -- if they can do that, they can impose reasonable restrictions on interstate operators.

Keep in mind you are not merely traveling into California, you are doing business. California does have the right to regulate businesses operating inside the state. They cannot prohibit out of state operators, but they can make reasonable restrictions applied evenly to everyone.

A device that makes the air cleaner, which dpfs do, seems like a reasonable restriction. A device which cleans the air but causes fires probably isn't.

 

I get the case, I read what I could find on it and it applies only to California based trucks because that is all the jurisdiction that can be covered by a state court.

Well there is a difference, an important one. The ports are international trade, not interstate commerce and the foundation for federal powers sits with the idea that many many things effect interstate commerce which is an exclusive to the feds (actually in the constitution). The point that the OOIDA (and me too) is that in order for CARB to apply those laws to foreign trucks (meaning from other states) is either to have it apply to the entire country by a law from Congress or have an agreement with each state to force the trucks to be up to CARB standards. Outside of that, CARB can't demand one state's truck to have equipment special to California that is not required in the other states. I know many will claim about bridge laws but those too are agree on through the states - CARB emissions are not.

We seem to forget before 1955, each state had their own laws, even license plates were different sizes. Sometime around 1948 (thanks to the mess of transportation during the war) the states got together and agreed to create a uniformed set of regulations for the vehicles and roads, which all went into effect in the next ten years. The feds could have forced it on the states but the states got smart and did away with a lot of crap and made it easier for all of us with this agreement.

ALSO getting back to the federal powers foundation issue, if the SC decided to side with CARB, that opens the door for any state to sue over the redefining what the iC clause means and then that would force the SC to revisit the decision and other decisions based on the clause, like gun control and health care.

That is true to a point, but regulating business is not what this is about, this is about accessing markets within the state and the purpose of the interstate commerce clause is to prevent one state from restricting another states access to their markets. Trucks travel the road to get to those markets, they transport goods to and from the markets so hence they need access - heck even the STAA could be overturned with a ruling for CARB. Business within those markets are a different issue and still the feds have said through the courts and laws/regulations that the states can't do some things when it comes to interstate commerce, one is taxing purchases made by out of state customers - illegal right now but who knows in the future. IF the SC again sides with CARB, then the taxation issue can be addressed by many states based on that ruling - imagine the mess with you buying something on line and paying taxes in both your state and the state you purchased it in.

Well that can be one point of view, but when a state like Michigan (where I live) doesn't require it on a truck, then it is an unreasonable restriction.

 

Some spot location in Calipornia where you can be suddenly stopped by Air-Nazis. They usually drive blue pickup trucks.

Nearby Victorville Pilot , Indio area Flying J and TA , Chirico Summit truck-stop, Fontana TA, Mile marker 2 to 5 on CA 99 (just little north of I-5 junction), Salinas Pilot , anywhere nearby Sacramento ( they are very active in this area).

 

Just try to blend in. Outta sight outta mind. I've been out there more times than I care to remember an I've never had any trouble other than traffic.

 

One very good reason to stay out of CA.

 

How come nobody told these daring soles just how much that pesky fine is for not being CARB compliant..10,000 to start and I can't remember per day..the 10 grand got my attention..
Its 55 speed limit.so 70 is a big point ticket..if your truck is up to par don't worry about the scales...buy as much fuel out of state. As it is cheaper to pay ifta than to buy..road tax,sales tax and now carbon tax..all trucks right lane except to pass on all roads that have 3 lanes and less..or you can get a ticket..
As for OOIDA and CARB..I heard one lawsuit was tossed out of court..so don't hold your breath...and 69 mph. isn't a felony..its a big point on your license..CHP loves to pull you over as you are a rather large contributor for revenue enhancement..but if your legal..they leave you alone...and Truckee inspectors dont back off your slack adjusters any more..the feds stopped that a few years ago..ohhh and you have to carry a full set of chains if you go over any pass such as donner or north on 5 or you park it in bad weather. If one behaves..California is just like any other state..

 

I'm so happy I no longer go there

 

That's just more for us..if they want it..they pay for it..

 

Yes sir it's more for everybody else.