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(continued)
(C) A motor vehicle class that is not subject to mandatory recall pursuant to paragraph (B) above may still be subject to remedial action pursuant to section (c)(4) below.
(4) Other Ordered Remedial Action.
(A) If the Executive Officer has determined based upon enforcement testing conducted pursuant to section (b) above or information received from the manufacturer that a motor vehicle class is equipped with a nonconforming OBD II system and the nonconformance does not fall within the provisions of section (c)(3)(A) above, he or she may require the manufacturer to undertake remedial action up to and including recall of the affected motor vehicle class.
(B) In making his or her findings regarding remedial action, the Executive Officer shall consider the capability of the OBD II system to properly function. This determination shall be based upon consideration of all relevant circumstances including, but not limited to, those set forth below.
(i) Whether the manufacturer identified and informed the ARB about the nonconformance(s) or whether the ARB identified the nonconformance(s) prior to being informed by the manufacturer.
(ii) The number of nonconformances.
(iii) If the identified nonconformance(s) is with a major monitor(s), the nature and extent of the nonconformance(s), including:
a. the degree to which the in-use monitor performance ratio(s) is below the required ratio(s) specified in title 13, CCR section 1968.2(d)(3.2.1), and
b. the amount of the emission exceedance(s) over the established malfunction criteria set forth in title 13, CCR section 1968.2(e) before a malfunction is detected and the MIL is illuminated.
(iv) If the identified nonconformance(s) is with a non-major monitor the nature and extent of the nonconformance(s), including:
a. the degree to which the in-use monitor performance ratio(s) (where applicable) is below the required ratio(s) specified in title 13, CCR section 1968.2(d)(3.2.1),
b. the degree to which the monitored component must be malfunctioning or exceed the established malfunction criteria set forth in title 13, CCR section 1968.2(e) before a malfunction is detected and the MIL is illuminated, and
c. the effect that the nonconformance(s) has on the operation of a major monitor(s).
(v) The impact of the nonconformance on vehicle owners (e.g., cost of future repairs, driveability, etc.) and the ability of the service and repair industry to make effective repairs (e.g., difficulty in accessing fault information, diagnosing the root cause of a failure, etc.).
(vi) The degree to which the identified nonconformance(s) complicates, interferes with, disrupts, or hampers a service technician's ability to follow California I/M testing protocol when performing a California I/M inspection.
(vii) The failure of the data link connector of the motor vehicle class to meet the requirements of title 13, CCR section 1968.2(f)(2).
(viii) The failure of the PCV system in a motor vehicle class to comply with the requirements of title 13, CCR section 1968.2(e)(9).
(ix) The failure of the cooling system monitor in a motor vehicle class to properly verify that the cooling system reaches the highest enable temperature used for any other monitor when the vehicle is operated in the monitoring conditions disclosed in the manufacturer's certification application, or failure to comply with any requirement in title 13, CCR section 1968.2(e)(10).
(x) The estimated frequency that a monitor detects a malfunction and illuminates the MIL when no component malfunction is present (i.e., false MILs).
(xi) The estimated frequency that a monitor fails to detect a malfunction and illuminate the MIL when the monitoring conditions, as set forth in the manufacturer's approved certification application, have been satisfied and a faulty or deteriorated monitored component is present (i.e., false passes).
(xii) Whether the manufacturer submitted false, inaccurate, or incomplete documentation regarding the identified nonconformance at the time of certification pursuant to title 13, CCR section 1968.2(h) and the extent to which the false, inaccurate, or incomplete documentation was material to the granting of certification.
(C) In making the determination, the average tailpipe and evaporative emissions of vehicles within the affected motor vehicle class shall not be considered.
(5) Assessment of Monetary Penalties. The Executive Officer may seek penalties pursuant to the applicable provisions of the Health and Safety Code for violations of the requirements of title 13, CCR section 1968.2 or for production vehicles otherwise failing to be equipped with OBD II systems that have been certified by the ARB. In determining the penalty amounts that the ARB may seek, the Executive Officer shall consider all relevant circumstances including the factors set forth below:
(A) Whether the manufacturer self-reported the nonconformity or the ARB discovered the nonconformity independent of the manufacturer.
(B) The nature and degree of the nonconformity and whether the manufacturer should reasonably have discovered the nonconformity and taken corrective action by voluntary OBD II-related recall or running changes during the production year.
(C) The economic benefits, if any, gained by the manufacturer from not complying with the provisions of title 13, CCR section 1968.2.
(D) The manufacturer's history of compliance with the OBD II requirements.
(E) The preventative efforts taken by the manufacturer to avoid noncompliance, including any programs followed by the manufacturer to ensure compliance.
(F) The manufacturer's efforts to correct the nonconformity once it was identified.
(G) The innovative nature and magnitude of effort, including the cost of any other proposed remedial action, necessary to correct the nonconformity.
(H) The deterrent effect of the penalty.
(I) Whether the manufacturer has failed to provide complete and accurate information required to be submitted at the time of certification pursuant to title 13, CCR section 1968.2(h).
(J) The nature and degree that OBD II systems on production vehicles differ from the systems that have been certified by the ARB.
(6) Notice to Manufacturer for an Ordered Remedial Action.
(A) The Executive Officer shall immediately notify the manufacturer upon the Executive Officer determining the type of remedial action to be taken.
(B) For remedial actions other than the assessment of monetary penalties, the notice must:
(i) specifically set forth the remedial action that is being ordered,
(ii) include a description of the test group(s), OBD II group(s), or subgroup(s) thereof, that has been determined to have a nonconforming OBD II system,
(iii) set forth the factual bases for the determination, and
(iv) designate a date at least 45 days from the date of receipt of such notice by which the manufacturer shall submit a plan, pursuant to section (d)(1) below, outlining the remedial action to be undertaken consistent with the Executive Officer's order. Except as provided in section (c)(7)(C) below, all plans shall be submitted to the Chief, Mobile Source Operations Division, 9528 Telstar Avenue, El Monte, California 91731, within the time limit specified in the notice. The Executive Officer may grant the manufacturer an extension of time for good cause.
(C) For cases in which the ARB elects to seek monetary penalties pursuant to authority granted under the Health and Safety Code, the Executive Officer shall issue a notice to the manufacturer that he or she will be filing a complaint in the appropriate administrative or civil court forum seeking penalties against the manufacturer for violations of title 13, CCR section 1968.2. The notice must include a description of the test group(s), OBD II group(s), or subgroup(s) thereof, that have been determined to have a nonconforming OBD II system and set forth the factual bases for the determination.
(7) Availability of Public Hearing to Contest Remedial Actions Other than Determination to Seek Monetary Penalties.
(A) Within 45 days from the date of receipt of the notice that is required under section (c)(6) above, the manufacturer may request a public hearing pursuant to the procedures set forth in title 17, CCR section 60055.1, et seq., to contest the findings of nonconformity, the necessity for, or the scope of any ordered remedial action. Pursuant to those procedures, the Executive Officer has the initial burden of presenting evidence that those parts of the Executive Officer's determination specifically challenged are supported by the facts and applicable law. (Title 17, CCR section 60055.32(d)(1).) Each issue of controversy shall be decided based upon the preponderance of the evidence presented at the hearing. (Title 17, CCR section 60055.32(h).)
(B) Notwithstanding the provisions of title 17, CCR section 60055.17(a)(1), administrative hearings conducted pursuant to a request filed under section (c)(7)(A) above shall be referred to the Office of Administrative Hearings, which shall otherwise follow the procedures established in title 17, CCR section 60055.1 et seq.
(C) If a manufacturer requests a public hearing pursuant to section (c)(7)(A) above and if the Executive Officer's determination of nonconformity is confirmed at the hearing, the manufacturer shall submit the required remedial action plan in accordance with section (d)(1) below within 30 days after receipt of the Board's decision.
(d) Requirements for Implementing Remedial Actions
(1) Remedial Action Plans.
(A) A manufacturer initiating a remedial action (voluntary, influenced, or ordered), other than payment of monetary penalties, shall develop a remedial action plan that contains the following information, unless otherwise specified:
(i) A description of each test group, OBD II group, or subgroup thereof covered by the remedial action, including the number of vehicles or engines, the engine families, test groups, or subgroups within the identified class(es), the make(s), model(s), and model years of the covered vehicles and engines, and such other information as may be required to identify the covered vehicles or engines.
(ii) A description of the nonconforming OBD II system and, in the case of a recall (whether voluntary, influenced, or ordered), the specific modifications, alterations, repairs, adjustments, or other changes to correct the nonconforming OBD II system, including data and/or engineering evaluation supporting the specific corrections.
(iii) A description of the method that the manufacturer will use to determine the names and addresses of vehicle or engine owners and the manufacturer's method and schedule for notifying the service facilities and vehicle or engine owners of the remedial action.
(iv) A copy of all instructions that the manufacturer will use to notify service facilities about the required remedial action and the specific corrections, if any, that will be required to be made to the nonconforming OBD II systems.
(v) A description of the procedure to be followed by vehicle or engine owners to obtain remedial action for the nonconforming OBD II system. This must include the date, on or after which the owner can have required remedial action performed, the time reasonably necessary to perform the labor to remedy the nonconformity, and the designation of facilities at which the nonconformity can be remedied.
(vi) If some or all of the nonconforming OBD II systems are to be remedied by persons other than dealers or authorized warranty agents of the manufacturer, a description of such class of service agents and what steps, including a copy of all instructions mailed to such service agents, the manufacturer will take to assure that such agents are prepared and equipped to perform the proposed remedial action.
(vii) A copy of the letter of notification to be sent to vehicle or engine owners.
(viii) A proposed schedule for implementing the remedial action, including identified increments of progress towards full implementation.
(ix) A description of the method that the manufacturer will use to assure that an adequate supply of parts will be available to initiate the remedial action campaign on the date set by the manufacturer and that an adequate supply of parts will continue to be available throughout the campaign.
(x) A description and test data of the emission impact, if any, that the proposed remedial action may cause to a representative vehicle or engine from the motor vehicle class to be remedied.
(xi) A description of the impact, if any, and supporting data and/or engineering evaluation, that the proposed remedial action will have on fuel economy, driveability, performance, and safety of the motor vehicle class covered by the remedial action.
(xii) Any other information, reports, or data which the Executive Officer may reasonably determine to be necessary to evaluate the remedial action plan.
(B) Approval and Implementation of Remedial Action Plans.
(i) If the Executive Officer finds that the remedial action plan is designed effectively to address the required remedial action and complies with the provisions in section (d)(1)(A) above, he or she shall notify the manufacturer in writing within 30 days of receipt of the plan that the plan has been approved.
(ii) The Executive Officer shall approve a voluntary, influenced, or ordered remedial action plan if the plan contains the information specified in section (d)(1)(A) above and is designed to notify the vehicle or engine owner and implement the remedial action in an expeditious manner.
(iii) In disapproving an ordered remedial action plan, the Executive Officer shall notify the manufacturer in writing of the disapproval and the reasons for the determination. The manufacturer shall resubmit a revised remedial action plan that fully addresses the reasons for the Executive Officer's disapproval within 10 days of receipt of the disapproval notice.
(iv) Upon receipt of the approval notice of the ordered remedial action plan from the Executive Officer, the manufacturer shall, within 45 days of receipt of the notice, begin to notify vehicle or engine owners and implement the remedial action campaign.
(v) If the Executive Officer disapproves a voluntary or influenced remedial action plan, the manufacturer shall either accept the proposed modifications to the plan as suggested by the Executive Officer, resubmit a revised remedial action plan that fully addresses the reasons for the Executive Officer's disapproval within 30 days, or be subject to an Executive Officer order that the manufacturer undertake appropriate remedial action pursuant to section (c)(2)(B) above.
(vi) Upon receipt of the voluntary or influenced remedial action approval notice from the Executive Officer, the manufacturer shall begin to notify vehicle or engine owners and implement the remedial action campaign according to the schedule indicated in the remedial action plan.
(2) Eligibility for Remedial Action.
(A) The manufacturer may not condition a vehicle or engine owner's eligibility for remedial action required under section 1968.5 on the proper maintenance or use of the vehicle or engine.
(B) The manufacturer shall not be obligated to repair a component which has been modified or altered such that the remedial action cannot be performed without additional cost.
(3) Notice to Owners.
(A) The manufacturer shall notify owners of vehicles or engines in the motor vehicle class covered by the remedial order. The notice must be made by first-class mail or by such other means as approved by the Executive Officer. When necessary, the Executive Officer may require the use of certified mail for ordered remedial actions to assure effective notification.
(B) The manufacturer shall use all reasonable means necessary to locate vehicle or engine owners, including motor vehicle registration lists available from the California Department of Motor Vehicles and commercial sources such as R.L. Polk & Co.
(C) The notice must contain the following:
(i) For ordered remedial actions, a statement: "The California Air Resources Board has determined that your (vehicle or engine) (is or may be) equipped with an improperly functioning on-board emission-related diagnostic system that violates established standards and regulations that were adopted to protect your health and welfare from the dangers of air pollution."
(ii) For voluntary and influenced remedial actions, a statement: "Your (vehicle or engine) (is or may be) equipped with an improperly functioning on-board emission-related diagnostic system that violates (California or California and Federal) standards and regulations" if applicable as determined by the Executive Officer.
(iii) A statement that the nonconformity of any such vehicles or engines will be remedied at the expense of the manufacturer.
(iv) A statement that eligibility for remedial action may not be denied solely on the basis that the vehicle or engine owner used parts not manufactured by the original equipment vehicle manufacturer, or had repairs performed by outlets other than the vehicle or engine manufacturer's franchised dealers.
(v) Instructions to the vehicle or engine owners on how to obtain remedial action, including instructions on whom to contact (i.e., a description of the facilities where the vehicles or engines should be taken for the remedial action), the first date that a vehicle or engine may be brought in for remedial action, and the time that it will reasonably take to correct the nonconformity.
(vi) The statement: "In order to assure your full protection under the emission warranty provisions, it is recommended that you have your (vehicle or engine) serviced as soon as possible. Failure to do so could be determined as lack of proper maintenance of your (vehicle or engine)."
(vii) A telephone number for vehicle and engine owners to call to report difficulty in obtaining remedial action.
(viii) A card to be used by a vehicle or engine owner in the event the vehicle or engine to be recalled has been sold. Such card should be addressed to the manufacturer, have postage paid, and shall provide a space in which the owner may indicate the name and address of the person to whom the vehicle or engine was sold or transferred.
(ix) If the remedial action involves recall, the notice must also provide:
a. A clear description of the components that will be affected by the remedial action and a general statement of the measures to be taken to correct the nonconformity.
b. A statement that such nonconformity, if not corrected, may cause the vehicle or engine to fail an emission inspection or I/M smog check test.
c. A statement describing the adverse effects, if any, of an uncorrected nonconforming OBD II system on the performance, fuel economy, or durability of the vehicle or engine.
d. A statement that after remedial action has been taken, the manufacturer will have the service facility issue a certificate showing that a vehicle has been corrected under the recall program, and that such a certificate will be required to be provided to the Department of Motor Vehicles as a condition for vehicle registration.
(D) A notice sent pursuant to this section or any other communication sent to vehicle or engine owners or dealers may not contain any statement, expressed or implied, that the OBD II system is compliant or that the OBD II system will not degrade air quality.
(E) The Executive Officer shall inform the manufacturer of any other requirements pertaining to the notification under section (d)(3) which the Executive Officer has determined as reasonable and necessary to assure the effectiveness of the recall campaign.
(4) Label Indicating that Recall Repairs Have Been Performed.
(A) If the required remedial action involves recall of a test group(s), OBD II group(s), or subgroup(s) thereof, the manufacturer shall require those who perform inspections and/or recall repairs to affix a label to each vehicle or engine that has been inspected and/or repaired.
(B) The label must be placed in a location approved by the Executive Officer and must be fabricated of a material suitable for such location in which it is installed and which is not readily removable.
(C) The label must contain the remedial action campaign number and a code designating the facility at which the remedial action or inspection to determine the need for remedial action was performed.
(5) Proof of Performance of Remedial Action Certificate. If the required remedial action involves a recall, the manufacturer shall provide, through its service agents, to owners of vehicles or engines that have had the remedial action performed a certificate that confirms that the vehicle has been recalled and that required inspection and/or repairs have been performed. The certificate must be in a format prescribed by the Executive Officer, however, the Executive Officer may not require a format different in any way from the format of the certificate required in title 13, CCR sections 2117 and 2129.
(6) Record Keeping and Reporting Requirements.
(A) The manufacturer shall maintain sufficient records to enable the Executive Officer to conduct an analysis of the adequacy of the remedial action.
(B) Unless otherwise specified by the Executive Officer, the manufacturer shall report on the progress of the remedial action campaign by submitting reports for eight consecutive quarters commencing with the quarter immediately after the recall campaign begins. The reports shall be submitted no later than 25 days after the close of each calendar quarter to: Chief, Mobile Source Operations Division, 9528 Telstar Avenue, El Monte, California 91731. For each recall campaign, the quarterly report must contain the following:
(i) The test group and the remedial action campaign number designated by the manufacturer and a brief description of the nature of the campaign.
(ii) The date owner notifications began and date completed.
(iii) The number of vehicles or engines involved in the remedial action campaign.
(iv) The number of vehicles or engines known or estimated to be equipped with the nonconforming OBD II system and an explanation of the means by which this number was determined.
(v) The number of vehicles or engines inspected during the campaign since its inception.
(vi) The number of vehicles or engines found to be affected by the nonconformity during the campaign since its inception.
(vii) The number of vehicles or engines receiving remedial action during the campaign since its inception.
(viii) The number of vehicles or engines determined to be unavailable for inspection or remedial action, during the campaign since its inception, due to exportation, theft, scrapping, or other reasons (specify).
(ix) The number of vehicles or engines, during the campaign since its inception, determined to be ineligible for remedial action under section (d)(2)(B).
(x) An initial list, using the following data elements and designated positions, indicating all vehicles or engines subject to recall that the manufacturer has not been invoiced for, or a subsequent list indicating all vehicles subject to the recall that the manufacturer has been invoiced for since the previous report. The list must be supplied in a standardized computer format to be specified by the Executive Officer. The date elements must be written in "ASCII" code without a comma separating each element. For example: XTY32A71234E-9456123408-25-91A. The add flag (see below) should reflect the vehicles or engines for which the manufacturer has not been invoiced and the delete flag should reflect changes since the previous report. The Executive Officer may change the frequency of this submittal depending on the needs of enforcement. The Executive Officer may not, however, require a frequency or format for this submittal that is different in any way from the frequency or format determined by the Executive Officer as required for reporting of data in title 13, CCR sections 2119(a)(10) and 2133(a)(10).
Data Elements Positions
1
2-8
Last three VIN positions 9-11
12-17
18-22
(Mfg. Occupational License Number) 23-30
31
32-48
(File Code "L" or "S")

(xi) A copy of any service bulletins issued during the reporting period by the manufacturer to franchised dealerships or other service agents that relate to the nonconforming OBD II system and the remedial action and have not previously been reported to the Executive Officer.
(xii) A copy of all communications transmitted to vehicle or engine owners that relate to the nonconforming OBD II systems and the required remedial action and have not been previously reported to the Executive Officer.
(C) If the manufacturer determines that any of the information submitted to the Executive Officer pursuant to section (d) has changed or is incorrect, the manufacturer shall submit the revised information, with an explanation.
(D) The manufacturer shall maintain in a form suitable for inspection, such as computer information, storage devices, or card files, and shall make available to the Executive Officer or his or her authorized representative upon request, the names and addresses of vehicle or engine owners:
(i) To whom notification was sent;
(ii) Whose vehicles or engines were repaired or inspected under the recall campaign;
(iii) Whose vehicles or engines were determined not to be eligible for remedial action because the vehicles or engines were modified, altered, or unavailable due to exportation, theft, scrapping, or other reason specified in the answer to sections (d)(6)(B)(viii) and (ix).
(E) The information gathered by the manufacturer to compile the reports required by these procedures must be retained for no less than one year beyond the useful life of the vehicles or engines and must be made available to authorized personnel of the ARB upon request.
(F) The filing of any report under the provisions of these procedures must not affect the manufacturer's responsibility to file reports or applications, obtain approval, or give notice under any other provisions of law.
(7) Extension of Time. Upon request of the manufacturer, the Executive Officer may extend any deadline set forth in section 1968.5(d) upon finding that the manufacturer has demonstrated good cause for the requested extension.
(e) Penalties for Failing to Comply with the Requirements of Section (d)
(1) In addition to the penalties that may be assessed by the Executive Officer pursuant to section (c) because of a manufacturer's failure to comply with the requirements of title 13, CCR section 1968.2, a manufacturer may be subject to penalties pursuant to section 43016, Health and Safety Code for failing to comply with the requirements of section (d).
(2) If a manufacturer fails to comply with a voluntary or influenced remedial action plan, the Executive Officer may order remedial action pursuant to section (c) above.


Note: Authority cited: Sections 39600, 39601, 43000.5, 43013, 43016, 43018, 43100, 43101, 43104, 43105, 43105.5, 43106, 43154, 43211 and 43212, Health and Safety Code. Reference: Sections 39002, 39003, 39010, 39018, 39021.5, 39024, 39024.5, 39027, 39027.3, 39028, 39029, 39031, 39032, 39032.5, 39033, 39035, 39037.05, 39037.5, 39038, 39039, 39040, 39042, 39042.5, 39046, 39047, 39053, 39054, 39058, 39059, 39060, 39515, 39600-39601, 43000, 43000.5, 43004, 43006, 43013, 43016, 43018, 43100, 43101, 43102, 43104, 43105, 43105.5, 43106, 43150, 43151, 43152, 43153, 43154, 43155, 43156, 43204, 43211 and 43212, Health and Safety Code.



s 1969. Motor Vehicle Service Information - 1994 and Subsequent Model Passenger Cars, Light-Duty, Medium-Duty Vehicles, and Heavy-Duty Vehicles.
(a) Applicability.
(1) This section shall apply to: (1) all California-certified 1994 and subsequent model-year passenger cars, light-duty trucks and medium-duty vehicles equipped with on-board diagnostic (OBD) systems pursuant to title 13, California Code of Regulations, section 1968.1 or 1968.2: and (2) all 2007 and subsequent model year California-certified heavy-duty engines and transmissions equipped with diagnostic systems pursuant to title 13, California Code of Regulations, section 1971. This section shall supersede the provisions of section 1968.1(k)(2.1) at all times that this section is effective and operative. These regulations shall also apply to any passenger cars, light-duty trucks, medium-duty vehicles, and heavy-duty vehicles certified to future on-board diagnostic requirements adopted by the Air Resources Board.
(2) Motor vehicle manufacturers shall comply with amendments made to this section no later than 90 days after such amendments are made effective by the Secretary of State, except for paragraph (f)(3)(A) for which compliance is required no later than 180 days after such amendments are made effective by the Secretary of State. Copies of any amendments to this section may be obtained upon request to the Chief of the Mobile Source Operations Division at 9528 Telstar Avenue, El Monte, California 91731.
(b) Severability of Provisions. If any provision of this section or its application is held invalid, the remainder of the section and the application of such provision to other persons or circumstances shall not be affected.
(c) Definitions. The definitions in section 1900(b), Division 3, Chapter 9, Title 13 of the California Code of Regulations, apply with the following additions:
(1) "Access codes, recognition codes and encryption" mean any type, strategy, or means of encoding software, information, devices, or equipment that would prevent the access to, use of, or proper function of any emission-related part.
(2) "Authorized service network" means a group of independent service and repair facilities that are recognized by motor vehicle manufacturers as being capable of performing repairs to factory specifications, including warranty repair work.
(3) "Bi-directional control" means the capability of a diagnostic tool to send messages on the data bus (if applicable) that temporarily override a module's control over a sensor or actuator and give control to the diagnostic tool operator. Bi-directional controls do not create permanent changes to engine or component calibrations.
(4) "Covered person" means: (1) any person or entity engaged in the business of service or repair of light- and medium-duty motor vehicles, engines, or transmissions who is licensed or registered with the Bureau of Automotive Repair, pursuant to Section 9884.6 of the Business and Professions Code, to conduct that business in California; (2) any person or entity engaged in the business of service or repair of heavy-duty motor vehicles, engines, or transmissions; (3) any commercial business or government entity that repairs or services its own California motor vehicle fleet(s); (4) tool and equipment companies; or (5) any person or entity engaged in the manufacture or remanufacturer of emission-related motor vehicle parts for California motor vehicles and motor vehicle engines.
(5) "Data stream information" means information that originates within the vehicle by a module or intelligent sensor (including, but not limited to, a sensor that contains and is controlled by its own module) and is transmitted between a network of modules and intelligent sensors connected in parallel with either one or two communications wires. The information is broadcast over communication wires for use by other modules such as chassis or transmission modules to conduct normal vehicle operation or for use by diagnostic tools. Data stream information does not include engine calibration-related information.
(6) "Days" means calendar days (unless otherwise specified in this section); in computing the time within which a right may be exercised or an act is to be performed, the day of the event from which the designated period runs shall not be included and the last day shall be included, unless the last day falls on a Saturday, Sunday, or a California-recognized holiday observed by the subject motor vehicle manufacturer, in which case the last day shall be the following day.
(7) "Emission-related motor vehicle information" means information regarding any of the following:
(A) Any original equipment system, component, or part that controls emissions.
(B) Any original equipment system, component, or part associated with the powertrain system including, but not limited to, the fuel system and ignition system.
(C) Any original equipment system or component that is likely to impact emissions, including, but not limited to, the transmission system.
(8) "Emission-related motor vehicle part" means any direct replacement automotive part or any automotive part certified by Executive Order that may affect emissions from a motor vehicle or engine, including replacement parts, consolidated parts, rebuilt parts, remanufactured parts, add-on parts, modified parts and specialty parts.
(9) "Enhanced data stream information" means data stream information that is specific for a motor vehicle manufacturer's brand of tools and equipment.
(10) "Enhanced diagnostic tool" means a diagnostic tool that is specific to the motor vehicle manufacturer's vehicles.
(11) "Fair, reasonable, and nondiscriminatory price", for the purposes of section 1969, means a price that allows motor vehicle manufacturers to be compensated for the cost of providing required emission-related motor vehicle information and diagnostic tools considering the following:
(A) The net cost to the motor vehicle manufacturers' franchised dealerships or authorized service networks for similar information obtained from motor vehicle manufacturers, less any discounts, rebates or other incentive programs;
(B) The cost to the motor vehicle manufacturer for preparing and distributing the information, excluding any research and development costs incurred in designing and implementing, upgrading or altering the onboard computer and its software or any other vehicle part or component. Amortized capital costs for the preparation and distribution of the information may be included;
(C) The price charged by other motor vehicle manufacturers for similar information;
(D) The price charged by the motor vehicle manufacturer for similar information immediately prior to the applicability of this section;
(E) The ability of an average covered person to afford the information.
(F) The means by which the information is distributed;
(G) The extent to which the information is used, which includes the number of users, and frequency, duration, and volume of use; and
(H) Inflation.
(12) "Initialization" or "reinitialization" means the process of resetting a vehicle security system by means of an ignition key or access code(s).
(13) "Intermediary information repository" means any individual or entity, other than a motor vehicle manufacturer, which collects and makes available to covered persons service information and/or information related to the development of emission-related diagnostic tools.
(14) "Motor vehicle manufacturer," for the purpose of section 1969, means:
(A) Any manufacturer of 1994 and subsequent model year passenger cars, light-duty trucks, and medium-duty vehicles equipped with OBD systems pursuant to title 13, California Code of Regulations, sections 1968.1 and 1968.2, or;
(B) Any manufacturer that has certified in California a 2007 and subsequent model year heavy-duty engine or transmission equipped with an on-board diagnostic system.
(15) "Nondiscriminatory" as used in the phrase "fair, reasonable, and nondiscriminatory price" means that motor vehicle manufacturers shall not set a price for emission-related motor vehicle information or tools that provides franchised dealerships or authorized service networks with an unfair economic advantage over covered persons.
(16) "On-board diagnostic system" or "OBD system" for purposes of this section means any system certified to meet the requirements of title 13, California Code of Regulations, Section 1968.1, 1968.2, 1971, or future OBD requirements adopted by the Air Resources Board.
(17) A "Reasonable business means" is a method or mode of distribution or delivery of information that is commonly used by businesses or government to distribute or deliver and receive information at a fair, reasonable, and nondiscriminatory price. A reasonable business mean includes, but is not limited to, the Internet, first-class mail, courier services, intermediary information repositories, and fax services.
(d)(1) Service Information. Except as expressly specified below, motor vehicle manufacturers shall make available for purchase to all covered persons all emission-related motor vehicle information that is provided to the motor vehicle manufacturer's franchised dealerships or authorized service networks for the engine, transmission, or vehicle models they have certified in California. The information shall include, but is not limited to, diagnosis, service, and repair information and procedures, technical service bulletins, troubleshooting guides, wiring diagrams, and training materials useful for self-study outside a motor vehicle manufacturer's training classroom. Any motor vehicle manufacturer choosing to withhold training materials because it has determined they are not useful for self-study as indicated above shall identify and describe the materials on its website. The motor vehicle manufacturer's determination is subject to Executive Officer review and approval.
(2) On-Board Diagnostic System (OBD) Information. Motor vehicle manufacturers shall make available for purchase to all covered persons, a general description of each OBD system used in 1996 and subsequent model-year vehicles, which shall include the following:
(A) A general description of the operation of each monitor, including a description of the parameter that is being monitored.
(B) A listing of all typical OBD diagnostic trouble codes associated with each monitor.
(C) A description of the typical enabling conditions for each monitor to execute during vehicle operation, including, but not limited to, minimum and maximum intake air and engine coolant temperature, vehicle speed range, and time after engine startup. Motor vehicle manufacturers must also make available all existing monitor-specific OBD drive cycle information for all major OBD monitors as equipped including, but not limited to, catalyst, catalyst heater, oxygen sensor, oxygen sensor heater, evaporative system, exhaust gas recirculation, secondary air, and air conditioning system. As applicable, manufacturers of diesel vehicles, engines , or transmissions must also make available all existing monitor-specific drive cycle information for those vehicles that perform misfire, fuel system, and comprehensive monitoring under specific driving conditions (i.e., non-continuous monitoring).
(D) A listing of each monitor sequence, execution frequency and typical duration.
(E) A listing of typical malfunction thresholds for each monitor.
(F) For OBD parameters for specific vehicles that deviate from the typical parameters, the OBD description shall indicate the deviation and provide a separate listing of the typical values for those vehicles. Subject to Executive Officer approval, manufacturers may consolidate typical value lisitngs into a range of values or another acceptable format if the number of typical parameters is unduly burdensome to list.
(G) Identification and scaling information necessary to interpret and understand data available to a generic scan tool through "mode 6," pursuant to Society of Automotive Engineers (SAE) J1979, which is incorporated by reference in title 13, CCR, sections 1968.1 and 1968.2.
(H) Except as provided below, the information required by this subsection does not include specific algorithms, specific software code or specific calibration data beyond those required to be made available through the generic scan tool pursuant to the requirements of sections 1968.1, 1968.2, 1971, and all future adopted OBD regulations for passenger cars, light-duty trucks, and medium- and heavy-duty vehicles. Algorithms, software codes, or calibration data that are made available to franchised dealerships or authorized service networks shall be made available for purchase to covered persons. To the extent possible, motor vehicle manufacturers shall organize and format the information so that it will not be necessary to divulge specific algorithms, codes, or calibration data considered to be a trade secret by the motor vehicle manufacturer.
(3) On-Board Computer Initialization Procedures.
(A) Consistent with the requirements of subsection (h) below, motor vehicle manufacturers shall make available for purchase to all covered persons computer or anti-theft system initialization information for vehicles or engines so equipped necessary for:
(i) The proper installation of on-board computers on motor vehicles that employ integral vehicle security systems; or
(ii) The repair or replacement of any other emission-related part.
(B) Motor vehicle manufacturers must make this information available for purchase in a manner that will not require a covered person to purchase enhanced diagnostic tools to perform the initialization. Motor vehicle manufacturers may make such information available through, for example, generic aftermarket tools, a pass-through device, or inexpensive manufacturer-specific cables.
(C) A motor vehicle manufacturer may request Executive Officer approval to be excused from the requirements above for some or all model year vehicles through the 2009 model year. The Executive Officer shall approve the request upon finding that the motor vehicle manufacturer has demonstrated that:
(i) The availability of such information to covered persons would significantly increase the risk of vehicle theft;
(ii) A technical and economic need for such a request exists; and
(iii) It will make available to covered persons reasonable alternative means to install computers, or to otherwise repair or replace an emission-related part, at a fair, reasonable, and nondiscriminatory price and that such alternative means do not place covered persons, as a class, at a competitive disadvantage to either franchised dealerships or authorized service networks in their ability to service and repair vehicles.
(a) Any alternative means shall be available to covered persons within 24 hours of the initial request and shall not require the purchase of enhanced diagnostic tools to perform an initialization. Alternatives may include lease of such tools, but only at a fair, reasonable and nondiscriminatory price.
(b) In lieu of leasing its enhanced diagnostic tools, a manufacturer may alternatively make available for purchase to independent equipment and tool companies all data stream information needed to make their diagnostic tools fully functional for initialization purposes. Any manufacturer choosing this option must release the information to equipment and tool companies within 60 days of Executive Officer approval.
(D) All approvals are conditional and subject to audit under paragraph (j) below and possible rescission if the conditions set forth in paragraph (d)(3)(C) fail to be satisfied.
(4) The information required by this subsection shall be made available for purchase no later than 180 days after the start of engine or vehicle introduction into commerce or concurrently with its availability to franchised dealerships or authorized service networks, whichever occurs first.
(e)(1) Information required to be made available for purchase under subsection (d), excluding paragraph (d)(3), shall be directly accessible via the Internet. As an exception, motor vehicle manufacturers with annual California sales of less than 300 engines, transmissions, or vehicles (based on the average number of California-certified engines, transmissions, or vehicles sold by the motor vehicle manufacturer in the three previous consecutive model years) have the option not to provide required materials directly over the Internet. Such motor vehicle manufacturers may instead propose an alternative reasonable business means for providing the information required by this section to the Executive Officer for review and approval. The alternate method shall include an Internet website that adequately specifies that the required service information is readily available through other reasonable business means at fair, reasonable, and nondiscriminatory prices. If a manufacturer later exceeds the three-year sales average, it would be required to begin complying with all Internet availability requirements the next model year. In such cases, the requirements would apply only to those engine, transmission, and vehicle models certified in that and subsequent model years and would not apply to any models that were within carry-over test groups that were initially certified before the sales average was exceeded.
(2) For purposes of making the information available for purchase via the Internet, motor vehicle manufacturers, or their designees, shall establish and maintain an Internet website(s) that:
(A) Is accessible at all times, except during times required for routine and emergency maintenance. Routine maintenance shall be scheduled after normal business hours. If the motor vehicle manufacturer's service information website(s) is not available for more than 24 hours for other than routine maintenance, the motor vehicle manufacturer shall notify the Executive Officer by either phone or email within one business day.
(B) Houses all of the required information such that it is available for direct online access (i.e., for online viewing and/or file downloading), except as provided in subsections (d)(3), (e)(2)(G) and (e)(2)(J). In addition to direct online access, motor vehicle manufacturers may concurrently offer the information by means of electronic mail, fax transmission, or other reasonable business means.
(C) Is written in English with all text using readable font sizes.
(D) Has clearly labeled and descriptive headings or sections, has an online index connected to a search engine and/or hyperlinks that directly take the user to the information, and has a comprehensive search engine that permits users to obtain information by various query terms including, but not limited to, engine, transmission, or vehicle model (as applicable), model year, bulletin number, diagnostic procedure, and trouble code.
(E) Provides, at a minimum, e-mail access for communication with a designated contact person(s). The contact person(s) shall respond to any inquiries within 2 days of receipt, Monday through Friday. The website shall also provide a business address for the purposes of receiving mail, including overnight or certified mail.
(F) Lists the most recent updates to the website. Updates must occur concurrently with the availability of new or revised information to franchised dealerships or authorized service networks, whichever occurs first.
(G) Provides all training materials offered by the motor vehicle manufacturer as required under paragraph (d)(1). For obtaining any training materials that are not in a format that can be readily downloaded directly from the Internet (e.g., instructional tapes, full-text information associated with bundled software, CD-ROMs, or other media), the website must include information on the type of materials that are available, and how such materials can be purchased.
(H) Offers media files (if any) and other service information documents in formats that can be viewed with commonly available software programs (e.g., Adobe Acrobat, Microsoft Word, RealPlayer, etc.).
(I) Provides secure Internet connections (i.e., certificate-based) for transfer of payment and personal information.
(J) Provides ordering information and instructions for the purchase of motor vehicle manufacturer emission-related enhanced diagnostic tools and reprogramming information pursuant to subsection (f).
(K) Complies with the SAE Recommended Practice J1930, "Electrical/Electronic Systems, Diagnostic Terms, Definitions, Abbreviations, and Acronyms," May 1998, incorporated by reference herein, for all emission-related motor vehicle information. This subsection only applies to passenger cars, light-duty trucks, and medium-duty vehicles beginning with the 2003 model year.
(L) Complies with the following website performance criteria:
(i) Possesses sufficient server capacity to allow ready access by all users and has sufficient downloading capacity to assure that all users may obtain needed information without undue delay.
(ii) Broken weblinks shall be corrected or deleted weekly.
(iii) Website navigation does not require a user to return to the motor vehicle manufacturer's home page or a search engine in order to access a different portion of the site. The use of "one-up" links (i.e., links that connect to related webpages that preceded the one being viewed) is recommended at the bottom of subordinate webpages in order to allow a user to stay within the desired subject matter.
(iv) Any manufacturer-specific acronym or abbreviation shall be defined in a glossary webpage which, at a minimum, is hyperlinked by each webpage that uses such acronyms and abbreviations. Motor vehicle manufacturers may request Executive Officer approval to use alternate methods to define such acronyms and abbreviations. The Executive Officer shall approve such methods if the motor vehicle manufacturer adequately demonstrates that the method provides equivalent or better ease-of-use to the website user.
(M) Indicates the minimum hardware and software specifications required for satisfactory access to the website(s).(3) All information must be maintained by the motor vehicle manufacturer for a minimum of fifteen years. After such time, the information may be retained in an off-line electronic format (e.g., CD-ROM) and made available for purchase in that format at fair, reasonable, and nondiscriminatory prices upon request. Motor vehicle manufacturers shall index their available archived information with a title that adequately describes the contents of the document to which it refers. Motor vehicle manufacturers may allow for the ordering of information directly from the website, or from a website hyperlinked to the manufacturer website. In the alternative, manufacturers shall list a phone number and address where covered persons can call or write to obtain requested information through reasonable business means. (continued)