"Just Sign a Waiver" — Why It's Not That Simple with CARB and Non-Compliant Parts

We get asked this question almost every day, so we figured it was time to write it all out. If you're a California customer wondering why we can't just ship you that part after you sign a race-only waiver, this post is for you.

We Hear This All the Time

"I'll sign whatever you need — my truck is off-road only / race only / never sees the street."

We appreciate your honesty, and we genuinely want to help you build the rig you're after. But here's the reality: a signed waiver does not create a legal safe harbor for us as a seller under California law. The California Air Resources Board (CARB) has made this crystal clear in official enforcement guidance — and the fines are serious enough that we have to take it seriously.

What CARB Actually Says

CARB Advisory #292, issued in July 2020, states directly that selling a non-CARB-compliant (non-EO) part to a California address is a violation of state law "regardless of any real or claimed intent regarding how the part will be used." That includes race-only claims and signed affidavits.

In plain English: if the part ends up in California and goes on an emissions-controlled vehicle — even if you genuinely only intended to race it — we as the seller are still liable.

Doesn't the Racing Exemption Cover This?

California does have a narrow racing vehicle exemption in the Health & Safety Code, but it's far more restrictive than most people realize:

• The vehicle must be used solely for closed-course competition

• It must never be operated on a public road — not even to drive to the track

• It must have no California DMV registration or license plates — ever

• It must be affiliated with a recognized racing organization or sanctioning body

If your truck has plates, or could be driven to grab lunch after the race, it legally does not qualify. This catches a huge number of vehicles that customers genuinely think are "off-road only."

So Why Do Other Shops Use Waivers?

Some sellers do use a waiver or affidavit process, and CARB acknowledges it — but not as protection. CARB considers waiver documentation as a mitigating factor when deciding how much to fine a seller, not whether to fine them.

That's a critical difference. Collecting a signed form doesn't make the sale legal. It just might soften the blow when the enforcement letter shows up.

And those enforcement letters do show up. Over the years, CARB has gone after some of the biggest names in the performance parts industry — household names that most gearheads would recognize immediately — and handed out fines ranging from hundreds of thousands to millions of dollars per settlement. These weren't fly-by-night operations. They were well-run businesses that underestimated how seriously California enforces these rules.

Being a California-based shop puts us under an even brighter spotlight. We're not willing to bet the business on a signed piece of paper.

Our Policy — Plain and Simple

We know this isn't what some of you want to hear, and believe us, we wish the rules were different. But here's where we stand:

✅ We will sell and ship any part that carries a valid CARB Executive Order (EO) number to California customers — no hoops, no hassle.

❌ If a part does not have a CARB EO number, we do not ship it to California. Full stop. No waivers, no affidavits, no exceptions.

This isn't us being difficult. It's us being honest with you — and protecting our ability to keep serving the diesel performance community in Northern California for years to come.

We Know It's Frustrating

We feel it too. Every single day. California is one of the toughest states in the country to run a performance parts business in, and we navigate these rules right alongside you. We're not the ones who wrote the laws — we're just trying to operate within them responsibly.

If you have questions about whether a specific part has an EO number, or you want help finding a compliant alternative that'll still get you the performance gains you're after, reach out — that's what we're here for. We know this space better than just about anyone, and we'll always shoot you straight.

Questions? Contact us at 888-290-3820. We're based in Northern California and live and breathe diesel performance. sales@norcaldieselperformance.com

Disclaimer: This blog post is for general informational purposes only and does not constitute legal advice. CARB regulations are complex and change over time. Consult a qualified California environmental compliance attorney for guidance specific to your situation.