Advanced Clean Fleets Regulation - Vehicle Delivery Delay Extension
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What is the Vehicle Delivery Delay Extension?
The extension allows the fleet owner to remain in compliance if a ZEV is ordered at least one-year prior to the applicable ZEV Milestones Option compliance date but the ZEV is not received by January 1 of the compliance year.
A fleet owner that qualifies for the extension may continue operating the vehicle being replaced in the California fleet until the ordered ZEV is received. This extension applies to qualifying near-zero emission vehicle agreements, consistent with the ACF Regulation. placed at least one-year prior to the January 1, 2035, ZEV Milestones target. Near-zero emission vehicles have a minimum all electric range.
What purchase agreements qualify?
The purchase agreement used to qualify for the Vehicle Delivery Delay Extension must be a written and legally binding contract signed one-year before the compliance date of the vehicle to be replaced. The contract must identify the specific ZEV model purchased, the date of the purchase, and it must be for immediate delivery to the fleet owner in California. Letters of intent or other agreements that are not binding, or that are contingent upon other decisions that remain unresolved within one-year of the upcoming deadline, are not sufficient to qualify for the extension.
When can I apply for the Vehicle Delivery Delay Extension?
If a fleet owner has not received a ZEV necessary to remain in compliance at the beginning of the compliance year, the fleet owner may submit documentation demonstrating that a qualifying ZEV purchase agreement was executed at least one-year prior to the applicable compliance date.
How do I apply for the Vehicle Delivery Delay Extension?
Make sure the fleet information reported in the Truck Regulation Upload, Compliance and Reporting System (TRUCRS) is up to date and send an email to TRUCRS@arb.ca.gov with:
- a copy of the purchase agreement,
- the TRUCRS ID number, and
- the vehicle identification number (VIN) of the existing vehicle to be replaced.
Do not change the default compliance option of “None” for the vehicle being replaced.
Staff will review the application package for completeness.
If the documentation meets the regulatory criteria for the extension, the compliance option for the vehicle to be replaced will be updated in TRUCRS to reflect that the Vehicle Delivery Delay extension was approved, and the owner will be notified by email.
Are there any requirements after being approved for a Vehicle Delivery Delay Extension?
Yes, after receiving the ZEV that was ordered, you have 30 days to report information in TRUCRS about the ZEV and the date the non-compliant vehicle is sold, scrapped, or retired.
Is a Vehicle Delivery Delay Extension still valid if I choose to cancel a ZEV purchase agreement?
No. If a vehicle owner claims the Vehicle Delivery Delay Extension and later cancels, terminates, or materially modifies the original purchase agreement used to qualify for the extension, the claim for the extension will be treated as invalid. The vehicle owner will be out of compliance as if the agreement was never executed, and the vehicle owner may be subject to enforcement under applicable statutes and regulations.
Can I retain the Vehicle Delivery Delay Extension if the manufacturer cancels a vehicle order?
Yes, the fleet owner can retain the extension if a vehicle manufacturer cancels a purchase agreement for the ZEV due to circumstances beyond the fleet owner’s control. The fleet owner must email TRUCRS@arb.ca.gov a copy of the manufacturer’s cancellation notice within 30 calendar days of the cancellation. The fleet owner should obtain a replacement ZEV purchase agreement as soon as reasonably practicable and no later than 1 year of the cancelation notice. The fleet owner must submit a copy of the new ZEV purchase agreement within 30 calendar days of placing the new order.
Disclaimer
This document is provided to assist regulated entities in complying with the Advanced Clean Fleets Regulation. This document is guidance only and does not create new legal obligations or modify existing regulatory requirements. In the event any discrepancy exists between this document and the Advanced Clean Fleets regulation, the regulatory text of the Advanced Clean Fleets regulation applies.