OFFICIAL SITE OF THE STATE OF NEW JERSEYLow NOx Omnibus Program
The following is a summary of the main issues concerning New Jersey’s Low NOx Omnibus (Omnibus) program. For the complete regulations, please refer to N.J.A.C. 7:27-28A for the Omnibus program and N.J.A.C. 7:27A-3.10(m)31. for penalties related to the Omnibus program.
Heavy-Duty Low NOx Omnibus Regulation: Frequently Asked Questions (NESCAUM)
Updated October 2, 2024
Applicability and effective date?
The Omnibus program applies to any model year 2027 or later new motor vehicles rated in excess of 8,500 pounds GVWR, and any model year 2027 or later new motor vehicle engines intended for use in motor vehicles rated in excess of 8,500 pounds GVWR. The Omnibus program is effective on and after January 1, 2027.
What does model year refer to?
The regulated model year of heavy-duty vehicles usually refers to the engine or emissions-certified powertrain. In some cases, usually lighter weight classes, it may mean the complete vehicle.
How do the requirements differ from the California Low NOx Omnibus program?
In order to preserve identicality with California vehicle standards in accordance with the federal Clean Air Act, New Jersey has incorporated California regulations by reference, including all new amendments. For full details of the California Omnibus program, please refer to the sections of California Code of Regulations incorporated by reference at N.J.A.C. 7:27-28A.11. There are a few substitutions of terms to make the regulations applicable in New Jersey, and there is a different process for diesel transit bus and engine exemptions.
Are there any exemptions?
To maintain identicality with California regulations, New Jersey exempts emergency vehicles, pursuant to California’s Vehicle Code Sec. 27156.2 and -.3, and military tactical vehicles, pursuant to 13 CCR 1905. Please refer to the referenced California regulations for detailed definitions of those vehicles. In addition, the following vehicles are exempt from the Omnibus requirements in New Jersey:
- A medium-duty passenger vehicle;
- A zero emission vehicle rated in excess of 8,500 pounds GVWR;
- A vehicle held for daily lease or rental to the general public or engaged in interstate commerce, that is registered and principally operated outside of New Jersey;
- A vehicle transferred by inheritance;
- A vehicle transferred by court decree;
- A vehicle having a certificate of conformity issued pursuant to the Clean Air Act that was originally registered in another state by a resident of that state, who subsequently establishes residence in this State;
- A vehicle sold or transferred directly from one dealer to another dealer;
- A vehicle sold for the purpose of being wrecked or dismantled; and
- A vehicle sold exclusively for off-highway use.
For diesel urban transit buses for which a CARB-certified engine may not be available, the Department has adopted an engine exemption process. Exemptions are granted on a case-by-case basis following the procedures described at N.J.A.C. 7:27-28A.11(f)7.
Do vehicle dealers have any responsibility under Omnibus?
Yes. Dealers must ensure that applicable vehicles or engines they sell in New Jersey are CARB-certified.
Can a New Jersey Dealer sell a heavy-duty vehicle to an out-of-state purchaser?
Yes, but the vehicle or engine must be CARB-certified. It does not matter if the purchaser plans to register the vehicle in another state. All vehicle transactions occurring in New Jersey are subject to this requirement.
Can I purchase a heavy-duty vehicle outside of New Jersey?
Yes, but the vehicle or engine must be CARB-certified if you plan to register it in New Jersey.
Do vehicles registered outside of NJ have to comply to do business in NJ?
No. The rules only apply to new heavy-duty vehicles and engines sold, leased or transferred into New Jersey. Vehicles travelling through the state or conducting business in the state are not required to have CARB-certified engines.
Do heavy-duty fleets or vehicle owners or operators have any responsibility under Omnibus?
Yes. They must ensure that any new vehicle purchases are CARB-certified. Once the regulation is in effect, a non-CARB-certified vehicle may be denied registration in New Jersey.
Are used vehicles affected?
No. The Omnibus program only applies to new heavy-duty vehicles and engines. A vehicle with an odometer reading of 7,500 miles or more is considered used.
Are new engine replacements affected?
Yes. Since replacing the engine in a heavy-duty vehicle would require purchasing or acquiring a new engine, and the engine is the emissions-certified component of the vehicle, the new engine would be regulated. If the old engine were replaced with a used or rebuilt engine (with at least 7,500 miles on it), it would not be regulated.
Are there any requirements to retrofit or replace older engines or vehicles?
No. These rules only apply to new heavy-duty vehicles and engines. There are no restrictions on the ownership or use of older vehicles.
How is compliance determined and enforced?
Enforcement occurs when the new vehicle is first registered and titled with the New Jersey Motor Vehicle Commission. The MSO or MCO presented at initial titling will show if the vehicle or engine is CARB-certified.
Is it legal for an OEM to label an MSO “not for sale in NJ?”
Yes. New Jersey does not directly control the content and printing of Manufacturer Statement of Origin (MSO) documents. While we have had some discussions with manufacturers on how to make their documents clearer, we do not regulate it.
Do vehicle manufacturers have any responsibility under Omnibus?
Yes. Vehicle manufacturers are required to comply with California warranty and recall requirements for CARB-certified vehicles and engines sold in New Jersey.
When the Omnibus regulation first becomes effective in 2027, how are trucks assembled with 2026 engines impacted?
For incomplete vehicles assembled with heavy-duty engines, enforcement of Omnibus hinges on the model year and certification of the engine. If a vehicle is delivered into New Jersey in 2027 (as a model year 2027 vehicle) but contains a 2026 engine, such engine would not be subject to Omnibus regulation. Only model year 2027 or later engines are regulated.
What’s the difference between engine and vehicle certification?
CARB allows manufacturers to certify certain classes of vehicles as complete vehicles versus engine certification. Certification as a complete vehicle is analogous to how most light-duty vehicles are certified. In the light-duty sector, you usually purchase a finished vehicle off the lot. While light-duty trucks may be further customized with utility bodies, this falls within the usage and weight capacity the complete truck was certified to. In contrast, since most heavy-duty vehicle applications require a custom cab or body, engine certification is most typical. Heavy-duty engines are certified to be used up to a maximum weight rating of completed vehicle, or combination vehicle in the case of tractors.
Enforcement and penalties
The Omnibus program regulates any person engaged in vehicle transactions. This may include manufacturers, dealers, fleets, and individual owners. The Department is authorized to issue civil administrative penalties. The detailed penalty table is available at N.J.A.C. 7:27A-3.10(m)31. There is a minor penalty for recordkeeping violations. There are non-minor penalties for delivering for sale, offering for sale, selling, importing, delivering, purchasing, renting, acquiring, receiving, or registering a new motor vehicle or new motor vehicle engine not certified by CARB; as well as for manufacturer violations of compliance with California warranty and recall requirements, and for any persons stockpiling vehicles or engines to evade these regulatory requirements. The minor penalties range from $500 to $7,500 depending on the frequency of the offense. The non-minor penalties likewise range from $2,500 to $30,000.
Presentations
The Department conducted a series of webinars on September 23rd, 24th, and 25th, 2024 to clarify implementation of the new heavy-duty regulations. The following presentations are provided should you wish to review them or seek additional information.