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A MESSAGE TO OUR MOTOR CARRIER CLIENTS:


If you have not already received a notification, you may soon receive correspondence from California's Air Resources Board requesting proof of compliance with its "Lo NOx Reflash Program." This program, instituted as a result of "Heavy-Duty Diesel Engine Software Upgrade (Chip Reflash)" regulations which went into effect on March 21, 2005, requires owners of certain heavy-duty diesel trucks, school, transit and tour buses and motor homes operating in California, regardless of their state of registration, to upgrade computer software to better control NOx, smog producing emissions. This applies to vehicles the engines of which were manufactured between 1993-1998 by Caterpiller, Cummins, Detroit Diesel, International, Mack/Renault or Volvo.

We have learned that certain of the engine manufacturers have brought a suit in California in an attempt to enjoin enforcement. The request for a temporary restraining order was denied a few months back, and trial is scheduled to commence on August 8, 2006. Of course, we will keep you apprized of developments with respect to this. In the interim, should you have any questions regarding the legal proceedings or the underlying program, please feel free to contact Robert Bruce Salley or Shawn K. Elliott in Tharpe & Howell's Transportation Department, or to go to the ARB's enforcement advisory webpage at www.arb.ca.gov/enf/advs/advs.htm.

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Related Attorney(s):
Shawn K. Elliott
Robert B. Salley

Related Practice Area(s):
Transportation Law

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