Truck and Bus Regulation Manufacturer Delay Extension
What does the regulation require?
If you own a diesel vehicle, the Truck and Bus Regulation requires you to take steps to reduce emissions. Nearly all diesel vehicles with a manufacturer’s gross vehicle weight rating greater than 14,000 pounds that operate in California are required to meet certain compliance requirements per the regulation. To comply with these requirements, you can upgrade to 2010 model year or newer diesel engines, or to vehicles that operate on other fuels. You may also be able to purchase a replacement engine to repower your older vehicle.
What is the manufacturer delay extension?
If a vehicle owner has a vehicle that must be replaced or upgraded to meet Truck and Bus regulatory requirements, and the vehicle owner has purchased the necessary replacement or upgrade, the manufacturer delay extension specified in section 2025(p)(8) of the regulation allows the vehicle owner to continue to use the existing vehicle if the replacement or upgrade is unavailable due to a manufacturer delay. You must have purchased the replacement engine or replacement vehicle on or before September 1 before the initial compliance date for the existing vehicle that is to be replaced or upgraded. If the delivery of a replacement vehicle (or replacement engine) is delayed by the manufacturer, then the vehicle owner may continue to operate temporarily the existing vehicle that is to be replaced until the replacement vehicle or engine is delivered. During the open reporting period in January, you must meet the applicable reporting and record keeping requirements of sections 2025(r) and (s) of the regulation and submit proof of the purchase to use the extension. The vehicle owner cannot continue to operate the existing non-compliant vehicle once the replacement vehicle is delivered.
What purchase agreements qualify?
The purchase agreement used to qualify for the manufacturer delay extension must be a written and legally binding contract signed on or before September 1 before the initial compliance date for the vehicle being replaced. The purchase contract must identify that a specific compliant vehicle or specific engine was purchased, the date of the purchase, and it must be for immediate delivery or delivery by December 31 or earlier. Letters of intent or other agreements that are not binding or are contingent upon other decisions that remain unresolved as of September 1 are not sufficient to qualify for the extension.
What if I cancel a purchase agreement?
If a vehicle owner claims the manufacturer delay extension and later the vehicle owner cancels 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 could be subject to enforcement action. The manufacture delay extension cannot be claimed if you modify the original purchase agreement after September 1. If a vehicle manufacturer cancels an existing purchase agreement or makes changes beyond the purchaser’s control, the owner must contact CARB immediately for assistance with the manufacturer delay extension.
Do I have to meet reporting requirements?
Yes, you must report in CARB’s Truck Regulation Upload, Compliance, and Reporting System (TRUCRS) to take advantage of compliance flexibility each January. The vehicle owner must report by January 31 of the applicable compliance year to claim the manufacturer delay extension for the affected vehicle. The vehicle owner must report information about the vehicle to be replaced or repowered and the date the new equipment order was made. The vehicle owner must also keep records of the purchase and make the records available to CARB staff upon request. The owner has 30 days from receipt of the replacement vehicle or engine to report the appropriate changes to the fleet to demonstrate compliance. In the case of an engine replacement, the vehicle owner must update the vehicle information to identify the new engine and OEM filter installed in the affected vehicle. In the case that the vehicle is replaced, the owner must report information about the replacement vehicle and the date the non-compliant vehicle is sold, scrapped, or retired.
Does the manufacturer delay extension impact grant funding?
During the manufacturer delay extension period, the vehicle that is to be replaced and qualifies for the manufacturer delay extension is treated the same as if it is compliant with the regulation.
Where can I get more information?
You can obtain additional information, at the Truck and Bus Regulation program page (www.arb.ca.gov/dieseltruck), or by calling 866-6DIESEL (866-634-3735), or by emailing the 8666 Diesel Hotline (firstname.lastname@example.org). Contact us if wish to obtain this document in an alternative format or language. TTY/TDD/ Speech to Speech users may dial 711 for the California Relay Service.
While this document is intended to assist fleet owners with their compliance efforts, it does not supersede the regulation. It is the sole responsibility of fleet owners to ensure compliance with the Truck and Bus Regulation