Solid Waste Collection Vehicle Rule - Vehicle Retirement

This page last reviewed on July 15, 2009

The Solid Waste Collection Vehicle Rule (title 13, California Code of Regulations, (sections 2020 and 2021.2) allows Solid Waste Collection Vehicle (SWCV) fleet owners to "retire" a vehicle and have the "retired" vehicle count towards the best available control technology (BACT) compliance requirement. This page is intended as guidance for SWCV fleet owners to insure the proper "retirement" of a vehicle. This page contains links to documents that will assist fleet owners in this effort. It is the SWCV fleet owner's sole responsibility for the proper retirement of a vehicle in compliance with title 13, CCR, section 2021.2.

1. What is "retirement"?

The regulation requires SWCV fleet owners that operate on-road diesel fueled vehicles greater than 14,000 pounds gross vehicles weight rating powered by a 1960 through 2006 model year medium heavy-duty or heavy heavy-duty engine to apply BACT according to a specific compliance schedule. However, if a SWCV fleet owner "retires" a vehicle per the definition set in the regulation, the fleet owner may count the vehicle as compliant toward it's BACT commitment. Retirement is defined by title 13, California Code of Regulations (CCR), section 2020 as:

An engine or vehicle withdrawn from an active fleet in California. The engine may be sold outside of California, scrapped, or used in a backup vehicle (operated less than 1,000 miles annually).

Simply stated, if a SWCV fleet owner "retires" a vehicle it must meet one of the following:

- be sold, registered and operated out-of-state;
- scrapped; or
- used as backup vehicle.

2. How does a SWCV fleet owner demonstrate their "retired" vehicles are in compliance?

The SWCV fleet owner must keep records of their retired vehicles as part of the fleet vehicle records (title 13, CCR, section 2021.2). Documentation is required for all vehicles sold out-of-state or scrapped. Backup vehicles are considered retired vehicles. These vehicles must be labeled as "backup vehicle" and vehicle mileage must be maintained on the SWCV reporting form. Remember backup vehicles are operated for less than 1,000 miles annually. If a vehicle is designated as a backup vehicle for credit towards BACT, when or if sold, the vehicle must be sold out-of-state or scrapped.

3. What documents do I need to keep for a vehicle sold out-of-state?

The SWCV fleet owner should keep documents that provide date of sale, vehicle and engine information, and buyer information, along with notification to the buyer that the vehicle can not be operated in the state of California. Documents can include copies of contracts, notifications concerning the sale of the vehicle, Department of Motor Vehicles (DMV) sales forms, or ARB's Out-of-State Sales Verification Form. This form can be used to notify the purchaser and can be kept for documentation of out-of-state sales. For out-of-state sales, ARB requests that the selling fleet owner use ARB's process to stop vehicle re-registration, completing the online vehicle identification number (VIN Stop) Request Application Form to prevent the buyer from re-registering the vehicle in California.

4. To insure proper "retirement" of a vehicle.

1) Identify vehicle(s) that will be sold out-of-state, as "retired" [defined in section 2.021.1(b)] for compliance with section 2021.1(c);

2) Initiate a registration hold or VIN Stop by completing an online VIN Stop Request Application Form. ARB recommends the VIN Stop be initiated at least one month prior to the sell of the vehicle. This Request for VIN Stop Form is only applicable to vehicles subject to the Fleet Rule for Solid Waste Collection Vehicles or Fleet Rule for Public Agencies and Utilities.

3) Notify purchaser that the vehicle has a registration block (VIN Stop) and is not to be registered or operated in California. ARB's Out-of-State Sales Verification Form, or similar developed by the seller, may be used. All information must be completed and maintained in the fleet records.

ARB will notify DMV of the request for the VIN Stop for the retired vehicle(s). A duplicate of the notification will be sent to the requesting agency.

5. What documents do I need to keep for a scrapped engine or vehicle?

ARB only requires the engine to be scrapped, the chasis may be resold. Documentation includes contracts, sales receipts, engine label, etc. The engine core must be destroyed. A scrapped engine can be kept on site for spare parts provided that the engine core is not re-usable. If the agency is scrapping the entire vehicle, an online VIN Stop Request Application Form can be used to ensure the scrap yard does not resell your vehicle.

6. We sell our vehicles through an auction house or trade them in at a dealership, how do we make sure the vehicle is sold out-of-state?

SWCV fleet owners that uses a third party to sell its old vehicle can include language within their contract requiring the vehicle is to be sold out-of-state. The SWCV fleet owner is still required to notify the purchaser. The ARB Out-of-State Sales Verification Form can be used by the third party, or directly, to document the sale and notify the buyer that the vehicle is not to be registered and operated in California. A VIN Stop Request, using the online VIN Stop Request Application Form, must be completed by the SWCV fleet owner/operator. ARB recommends the VIN Stop request be submitted at least one month prior to the sell of the vehicle.

7. How do I remove a VIN Stop?

Once a vehicle is sold out of state, the new owner must apply the Best Available Control Technology (BACT) to the engine of the vehicle before a VIN stop will be lifted by ARB. A typical BACT action is installing the vehicle with a verified diesel emission control strategy (DECS). Documentation of applying BACT must be provided to ARB to lift the VIN Stop.

8. What if we do not comply with the regulation?

Any violations of the regularion may carry civil penalties as specified in state law and regulations, including, but not limited to, Health and Safety Code Section 39674. Failure to install BACT on engines as required could result in penalties of up to $1,000 to $10,000 per day for each violation, as allowed by the Health and Safety Code. The regulation is enforced by ARB Enforcement Division staff.

9. How do it get notified about new tools to help me comply with any of ARB's fleet rules?

To automatically be notified when new compliance assistance tools are developed, sign up for the "swcv" list serve or contact us directly if you have questions.

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