Cal. Code Regs. Tit. 13, § 3003 - Dealer Requirements

(a) Dealer Inventory Requirements. Except for new LSI Forklifts that are exempt pursuant to Section 3007(a)(4), LSI Forklifts Transported for Delivery Out-of-State; and new LSI Forklifts sold or leased pursuant to Section 3003(c), Dealer Sales, Leases, and Possession of Forklifts, the following requirements apply.

(1) Starting January 1, 2026, Dealers in California shall not possess any of the following:

(A) 2026 and subsequent MY Class IV LSI Forklifts;

(B) New 2024 and previous MY Class IV LSI Forklifts;

(C) 2025 and previous MY Class IV LSI Forklifts that have already been phased out according to the phase-out schedule set forth in Section 3006(d)(2), Alternative MY Phase-Out Schedules for Class IV LSI Forklifts; or

(D) 2025 and previous MY Class V LSI Forklifts with a Rated Capacity of 12,000 pounds or less that have already been phased out according to the phase-out schedule set forth in Section 3006(d)(3), MY Phase-Out Schedule for Class V LSI Forklifts.

(2) In addition to Section 3003(a)(1), starting January 1, 2027, Dealers in California shall not possess new 2025 MY Class IV LSI Forklifts.

(3) In addition to Sections 3003(a)(1) and 3003(a)(2), starting January 1, 2029, Dealers in California shall not possess any of the following:

(A) 2026 and subsequent MY Class V LSI Forklifts with a Rated Capacity of 12,000 pounds or less.

(B) New 2025 and previous MY Class V LSI Forklifts with a Rated Capacity of 12,000 pounds or less.

(4) Starting January 1, 2038, Dealers in California shall not possess a Class IV LSI Forklift of any Rated Capacity or a Class V LSI Forklift with a Rated Capacity up to 12,000 pounds.

(b) Dealer Transaction Requirements. The following requirements apply to all LSI Forklift sales and leases to an entity located in California except for transactions involving Class V LSI Forklifts with a Rated Capacity greater than 12,000 pounds.

(1) Dealer Transactions with Fleet Operators. Except for new LSI Forklifts sold or leased pursuant to Section 3003(c), Dealer Sales, Leases, and Possession of Forklifts, the following requirements apply.

(A) Starting January 1, 2026, a Dealer shall not sell, lease, offer for sale, offer for lease, or deliver to a Fleet Operator in California:

1. Any new 2024 or previous MY LSI Forklift;

2. Any 2026 or subsequent MY LSI Forklift; or

3. Any used 2025 or previous MY LSI Forklift that has already been phased out according to the applicable phase-out schedule set forth in Section 3006(d). For a Class IV LSI Forklift, a Dealer shall use the Alternative MY Phase-Out Schedule set forth in Section 3006(d)(2) to determine whether or not a Forklift has been phased out. For a Class V LSI Forklift, a Dealer shall use the phase-out schedule set forth in Section 3006(d)(3) to determine whether or not a Forklift has been phased out.

(B) In addition to Section 3003(b)(1)(A), starting January 1, 2027, a Dealer shall not sell, lease, offer for sale, offer for lease, or deliver to a Fleet Operator in California any new 2025 MY LSI Forklift.

(2) Transactions with Rental Agencies.

(A) Starting January 1, 2026, a Dealer shall not sell, lease, offer for sale, offer for lease, or deliver to a Rental Agency in California:

1. Any new 2024 or previous MY Class IV LSI Forklift;

2. Any 2026 or subsequent MY Class IV LSI Forklift;

3. Any used 2025 or previous MY-Class IV LSI Forklift that has already been phased out according to the phase-out schedules set forth in Section 3006(d)(2), Alternative MY Phase-Out Schedules for Class IV LSI Forklifts; or

4. Any 2025 or previous MY Class V LSI Forklift that has already been phased out according to the phase-out schedule set forth in Section 3006(d)(3), MY Phase-Out Schedule for Class V LSI Forklifts.

(B) In addition to Section 3003(b)(2)(A), starting January 1, 2027, a Dealer shall not sell, lease, offer for sale, offer for lease, or deliver to a Rental Agency in California any new 2025 MY Class IV LSI Forklifts.

(C) In addition to Sections 3003(b)(2)(A) and 3003(b)(2)(B), starting January 1, 2029, a Dealer shall not sell, lease, offer for sale, offer for lease, or deliver to a Rental Agency in California:

1. Any new Class V LSI Forklift of any MY; or

2. Any 2026 or subsequent MY Class V LSI Forklift.

(c) Dealer Sales, Leases, and Possession of Forklifts. Subject to the following conditions, a Dealer may sell or lease an LSI Forklift to a Fleet Operator in California, and temporarily possess the Forklift during its transportation, if the acquisition of the Forklift is allowed pursuant to Section 3002(a)(5) or Section 3002(a)(6).

(1) The documentation specified in Section 3003(d)(1)(F) must be collected and maintained.

(2) The LSI Forklift shall be equipped with an operational, non-resettable hour meter showing no more than ten hours of total operation prior to final delivery, excluding hours of operation accrued prior to delivery to the Dealer, as evidenced by the bill of lading.

(3) The Dealer shall possess the LSI Forklift for no more than nine consecutive months after taking possession of said Forklift.

(d) Dealer Transaction Information and Documentation. Starting January 1, 2026, a Dealer in California shall collect and maintain information and documentation of each sale or lease of an LSI Forklift for a minimum of five years following the transaction.

(1) Said information and documentation shall include all the following, as applicable:

(A) Copy of Purchase or Lease Agreement, as applicable;

(B) Transaction date;

(C) Name of recipient;

(D) Address of recipient;

(E) Model year (MY), manufacturer, model, Rated Capacity, and serial number of the LSI Forklift; and

(F) For an LSI Forklift sold or leased pursuant to Section 3003(c), all the following documentation, as applicable:

1. If the Dealer delivers the Forklift, a bill of lading certified by the shipper indicating the purchasing entity, the ultimate delivery address, and estimated date of delivery of the LSI Forklift; and

2. The applicable attestation provided below:

a. For a Dedicated Emergency Forklift, a document signed by the purchaser with the following attestation statement: "I, [Insert Name of Purchaser], attest that the Forklift being acquired on this date, [Insert Transaction Date], identified by serial number [Insert Serial Number], will be operated as a Dedicated Emergency Forklift in accordance with Title 13, California Code of Regulations, Section 3007(a)(2)";

b. For an LSI Forklift being acquired to be solely operated on San Nicolas Island and/or San Clemente Island, a document signed by the purchaser with the following attestation statement: "I, [Insert Name of Purchaser], attest that the Forklift being acquired on this date, [Insert Transaction Date], identified by serial number [Insert Serial Number], will be solely operated on San Nicolas Island and/or San Clemente Island in accordance with Title 13, California Code of Regulations, Section 3007(a)(5)";

c. For an In-Field Forklift, a document signed by the purchaser with the following attestation statement: "I, [Insert Name of Purchaser], attest that the Forklift being acquired on this date, [Insert Transaction Date], identified by serial number [Insert Serial Number], will be operated as an In-Field Forklift in accordance with Title 13, California Code of Regulations, Section 3007(a)(6)"; or

d. For an LSI Forklift being acquired to replace an existing LSI Forklift covered by an Operational Extension, a document signed by the purchaser with the following attestation statement: "I, [Insert Name of Purchaser], attest that the Forklift being acquired on this date, [Insert Transaction Date], identified by serial number [Insert Serial Number], is being acquired to replace the Forklift identified by serial number [Insert Serial Number], which is currently covered by an Operational Extension granted pursuant to Title 13, California Code of Regulations, Section 3007(b)(4)."

e. For an LSI Forklift being acquired to replace an existing LSI Forklift covered by an Infrastructure Site Electrification Delay Extension, a document signed by the purchaser with the following attestation statement: "I, [Insert Name of Purchaser], attest that the Forklift being acquired on this date, [Insert Transaction Date], identified by serial number [Insert Serial Number], is being acquired to replace the Forklift identified by serial number [Insert Serial Number], which is currently covered by an Infrastructure Site Electrification Delay Extension granted pursuant to Title 13, California Code of Regulations, Section 3007(b)(3)(B)."

(2) Said information and documentation shall be provided to the Executive Officer within five business days upon request.

Notes

Cal. Code Regs. Tit. 13, § 3003

Note: Authority cited: Sections 39600, 39601, 43101, 43102, 43013, 43018, 43151, 43152, 43153 and 43205.5, Health and Safety Code. Reference: Section 43150, Health and Safety Code.

1. New section filed 9-16-2024; operative 1/1/2025 (Register 2024, No. 38).