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- For 3 years or 50,000 miles (or a longer period of time or mileage, optional) (whichever first occurs);
1) If your (vehicle or truck) fails a Smog Check inspection, all necessary repairs and adjustments will be made by (manufacturer's name) to ensure that your emission control system PERFORMANCE WARRANTY.
2) If any emission-related part on your (vehicle or truck) is defective, the part will be repaired or replaced by (manufacturer's name). This is your short-term emission control system DEFECTS WARRANTY.
- For 7 years or 70,000 miles (or a longer period of time or mileage, optional) (Whichever first occurs);
1) If an emission-related part listed in this warranty booklet specially noted with coverage for 7 years or 70,000 miles is defective, the part will be repaired or replaced by (manufacturer's name). This is your long-term emission control system DEFECTS WARRANTY.
OWNER'S WARRANTY RESPONSIBILITIES:
- As the (vehicle, truck, or motorcycle) owner, you are responsible for the performance of the required maintenance listed in your owner's manual. (manufacturer's name) recommends that you retain all receipts covering maintenance on your (car, truck, or motorcycle), but (manufacturer's name) cannot deny warranty solely for the lack of receipts or for your failure to ensure the performance of all scheduled maintenance.
- You are responsible for presenting your (vehicle, truck, or motorcycle) to a (manufacturer's name) dealer as soon as a problem exists. The warranty repairs should be completed in a reasonable amount of time, not to exceed 30 days.
- As the (vehicle, truck, or motorcycle) owner, you should also be aware that (manufacturer's name) may deny you warranty coverage if your (vehicle, truck, or motorcycle) or a part has failed due to abuse, neglect, improper maintenance or unapproved modifications.
If you have any questions regarding your warranty rights and responsibilities, you should contact (Insert chosen manufacturer's contact) at 1-XXX-XXXX or the California Air Resource Board at 9528 Telstar Avenue, El Monte, CA 91731.
(b) Commencing with 1980 models sold on or after September 1, 1979, each manufacturer shall furnish with each new vehicle or engine a warranty statement which generally describes the obligations and rights of vehicle or engine manufacturers and owners under this article.
(c) Each manufacturer shall submit the documents required by subsections (a) and (b) with the manufacturer's preliminary application for new vehicle or engine certification for approval by the Executive Officer. The Executive Officer may reject or require modification of the documents to the extent the submitted documents do not satisfy the requirements of subsections (a) and (b). Approval by the Executive Officer of the documents required by subsections (a) and (b) shall be a condition of certification. The Executive Officer shall approve or disapprove the documents required by subsections (a) and (b) within 90 days of the date such documents are received from the manufacturer. Any disapproval shall be accompanied by a statement of the reasons therefore. In the event of disapproval, the manufacturer may petition the Board to review the decision of the Executive Officer.
Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 43106, 43204, 43205, 44004, 44010, 44011, 44012, 44014, and 44015, Health and Safety Code.
s 2040. Vehicle Owner Obligations.
(a) The owner of any vehicle or engine warranted pursuant to this article shall be responsible for the performance of all required scheduled maintenance specified in the written instructions furnished to the owner pursuant to subsections 2036 (e), 2037(e), and 2038(c)(1). Such maintenance may be performed by the owner, at a service establishment of the owner's choosing, or by a person or persons of the owner's choosing.
(b) Except as specified in subsections 2036(j)(1), 2037(i), and 2038(c), failure of the vehicle or engine owner to ensure the performance of such scheduled maintenance or to keep maintenance records shall not, per se, be grounds for disallowing a warranty claim.
Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 43106, 43204, 43205, and 43205.5, Health and Safety Code.
s 2041. Mediation; Finding of Warrantable Condition.
(a) This section is intended to provide a mechanism for mediating unresolved emissions warranty disputes between vehicle or engine owners and manufacturers or their agents.
(b) A vehicle or engine owner may request that the Executive Officer mediate a warranty claim.
(1) Upon receipt of such a claim the Executive Officer, or the Executives Officers's representative, may make a determination regarding whether the claim is meritorious on its face and, if meritorious, shall notify the appropriate dealer, or vehicle or engine manufacturer of the claim. The party against whom a complaint is made shall be given a reasonable time in which to respond. The Executive Officer may conduct an informal conference, and may request additional information and evidence.
(2) Upon examination of the facts submitted by the parties concerned, the Executive Officer, or the Executive Officers's representative, may find that a warranted part, or a vehicle's nonconformity with any California statutorily authorized motor vehicle emissions inspection and maintenance program, is eligible for warranty coverage pursuant to this article. If such a finding is made, the Executive Officer shall issue a Finding of Warrantable Condition.
(3) The Finding of Warrantable Condition shall include the name of the vehicle owner, vehicle manufacturer and model (including model year, make, car line and body type), vehicle identification number, engine family, odometer reading, date of inspection, identification of the defective part or other warrantable condition and the signature of the person issuing the Finding.
Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 43106, 43204, 43205, and 43205.5, Health and Safety Code.
s 2042. Severability.
Each part of this article shall be deemed severable, and in the event that any part of this article is held to be invalid, the remainder of this article shall continue in full force and effect.
Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 43106 and 43204, Health and Safety Code.
s 2045. Catalyst Change Requirements.
Note: Authority cited: Section 39600 and 39601, Health and Safety Code. Reference: Sections 43106 and 43204, Health and Safety Code.
s 2046. Defective Catalyst.
Any oxidation catalyst for which service or replacement is scheduled or recommended by the vehicle manufacturer prior to the accumulation of 5 years or 50,000 miles, whichever occurs first, is defective in design, materials, and workmanship within the meaning of Health and Safety Code Sections 39156 and 39157. Any such service or replacement shall be performed free of charge to the vehicle owner.
Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 43106 and 43204, Health and Safety Code.
s 2047. Certification Procedures for Used Modifier-Certified Motor Vehicles.
The emission standards and procedures for the certification of used modifier-certified motor vehicles in California are set forth in the "California Certification Procedures for 1975 and Later Model-Year Used Modifier-Certified Motor Vehicles," adopted by the state board January 8, 1988.
Note: Authority cited: Sections 39600, 39601, 44203, 44205, and 44207-44209, Health and Safety Code. Reference: Sections 44200, 44201, 44203-44205, and 44207-44209, Health and Safety Code.
s 2048. Licensing Requirements for Vehicle Emission Test Laboratories.
The licensing requirements for vehicle emission test laboratories pursuant to the provisions of Health and Safety Code Sections 44203 and 44205 are set forth in the "Licensing Requirements for Vehicle Emission Test Laboratories," amended by the state board June 2, 1989.
Note: Authority Cited: Sections 39600, 39601, 44203, 44205 and 44207-44209, Health and Safety Code. Reference: Sections 44200, 44201, 44203-44205 and 44207-44209, Health and Safety Code.
s 2050. Assembly-Line or Pre-Delivery Test Procedures -1972 Light-Duty Vehicles.
s 2051. Assembly-Line or Pre-Delivery Test Procedures -1973 Light-Duty Vehicles.
s 2052. Assembly-Line or Pre-Delivery Test Procedures -1974 Light-Duty Vehicles.
Note: Authority cited: Sections 39601 and 43210, Health and Safety Code. Reference: Section 43210, Health and Safety Code.
s 2053. Assembly-Line or Pre-Delivery Test Procedures -1975 Model-Year Gasoline-Powered Passenger Cars and Light-Duty Trucks.
Note: Authority cited: Sections 39600, 39601 and 43210, Health and Safety Code. Reference: Section 43210, Health and Safety Code.
s 2054. Assembly-Line or Pre-Delivery Test Procedures -1976 Model-Year Gasoline-Powered Passenger Cars and Light-Duty Trucks.
Note: Authority cited: Sections 39600, 39601 and 43210, Health and Safety Code. Reference: Section 43210, Health and Safety Code.
s 2055. Assembly-Line or Pre-Delivery Test Procedure -1977 Model-Year Gasoline-Powered Passenger Cars and Light-Duty Trucks.
Note: Authority cited: Sections 39600, 39601 and 43210, Health and Safety Code. Reference: Section 43210, Health and Safety Code.
s 2056. Assembly-Line or Pre-Delivery Test Procedure -1978 Model-Year Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles.
Note: Authority cited: Sections 39600, 39601 and 43210, Health and Safety Code. Reference: Section 43210, Health and Safety Code.
s 2057. Assembly-Line or Pre-Delivery Test Procedure -1979 Model Year Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles.
Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 43105, 43210, 43211 and 43212, Health and Safety Code.
s 2058. Assembly-Line Test Procedures -1980 Model Year.
Note: Authority cited: Sections 39600, 39601 and 43210, Health and Safety Code. Reference: Sections 39002, 39003, 39500, 43101, 43105, 43210, 43211 and 43212, Health and Safety Code.
s 2059. Assembly-Line Test Procedures -1981 Model Year.
Note: Authority cited: Sections 39600, 39601 and 43210, Health and Safety Code. Reference: Sections 39002, 39003, 39500, 43101, 43105, 43210, 43211 and 43212, Health and Safety Code.
s 2060. Assembly-Line Test Procedures -1982 Model Year.
Note: Authority cited: Sections 39515, 39600, 39601 and 43210(a), Health and Safety Code. Reference: Sections 39002, 39003, 39500, 43000(c), 43000(e), 43101, 43105, 43210, 43211 and 43212, Health and Safety Code.
s 2061. Assembly-Line Test Procedures -1983 and Subsequent Model-Years.
New 1983 through 1997 model-year passenger cars, light-duty trucks, and medium-duty vehicles, excluding zero-emission vehicles and medium-duty vehicles certified according to the optional standards and test procedures of section 1956.8, Title 13, California Code of Regulations, subject to certification and manufactured for sale in California shall be tested in accordance with the "California Assembly-Line Test Procedures for 1983 Through 1997 Model-Year Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles," adopted November 24, 1981, as last amended June 24, 1996, which is incorporated herein by reference, including federally certified light-duty motor vehicles, except as provided in "Guidelines for Certification of 1983 and Subsequent Model-Year Federally Certified Light-Duty Motor Vehicles for Sale in California," adopted July 20, 1982, as last amended July 12, 1991, which is incorporated herein by reference. For vehicles certified to NMOG standards, any reference to NMHC standards in "California Assembly-Line Test Procedures for 1983 Through 1997 Model-Year Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles" shall imply NMOG standards.
Note: Authority cited: Sections 39515, 39600, 39601, 43013, 43018, 43101, 43104 and 43210, Health and Safety Code. Reference: Sections 39002, 39003, 39500, 43000, 43013, 43018, 43100, 43101, 43101.5, 43102, 43103, 43104, 43105, 43106, 43204, 43210, 43211 and 43212, Health and Safety Code.
s 2062. Assembly-Line Test Procedures -1998 and Subsequent Model Years.
New 1998 through 2000 model-year passenger cars, light-duty trucks, and medium-duty vehicles, subject to certification and manufactured for sale in California, except for zero-emission vehicles and medium-duty vehicles certified according to the optional standards and test procedures of section 1956.8, Title 13, California Code of Regulations, shall be tested in accordance with the "California Assembly-Line Test Procedures for 1998 Through 2000 Model-Year Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles," adopted June 24, 1996, as last amended August 5, 1999, which is incorporated herein by reference. New 2001 and subsequent model-year passenger cars, light-duty trucks, and medium-duty vehicles, subject to certification and manufactured for sale in California, except for zero-emission vehicles and medium-duty vehicles certified according to the optional standards and test procedures of Section 1956.8, Title 13, California Code of Regulations, shall be tested in accordance with the "California Assembly-Line Test Procedures for 2001 and Subsequent Model-Year Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles." adopted August 5, 1999, which is incorporated herein by reference. These test procedures shall also apply to federally certified light-duty motor vehicles, except as provided in "Guidelines for Certification of 1983 and Subsequent Model-Year Federally Certified Light-Duty Motor Vehicles for sale in California," adopted July 20, 1982, as last amended July 21, 1991, which is incorporated herein by reference
Note: Authority cited: Sections 39515, 39600, 39601, 43013, 43018, 43101, 43104 and 43210, Health and Safety Code. Reference: Sections 39002, 39003, 39500, 43000, 43013, 43018, 43100, 43101, 43101.5, 43102, 43104, 43105, 43106, 43204, 43210, 43211 and 43212, Health and Safety Code.
s 2065. Applicability of Chapter 2 to 2005 and Subsequent Model Year Heavy-Duty Engines and Vehicles.
The requirements of chapter 2, division 3, title 13, California Code of Regulations apply to 2005 and subsequent model year heavy-duty engines and vehicles except as specifically modified by the provisions of the "California Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Diesel Engines and Vehicles" adopted December 12, 2002, which are incorporated herein by reference.
Note: Authority cited: Sections 39600, 39601, 43013, 43101, 43104, 43105, 43210 and 43806, Health and Safety Code. Reference: Sections 39002, 39003, 39500, 43000, 43012, 43013, 43018, 43100, 43101, 43101.5, 43102, 43104, 43106, 43202, 43203, 43204, 43210-43213 and 43806, Health and Safety Code; and Section 28114, Vehicle Code.
s 2100. Purpose.
(a) It is the purpose of this article to implement authority granted the state board in Part 5, Division 26 of the Health and Safety Code in order to monitor motor vehicles from manufacture through distribution, to and in the hands of consumers, to determine compliance with applicable laws.
(b) This section shall apply to 1977 and subsequent model-year vehicles.
Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 39002, 39003, 39500, 43000, 43202, 43210, 43211 and 43212, Health and Safety Code.
s 2100.5. Purpose.
Notwithstanding the repeal or expiration of this regulation on May 12, 1983, the provisions of the regulation as they existed prior to such repeal or expiration shall continue to be operative and effective for those events occurring prior to the repeal or expiration.
Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Section 43210, Health and Safety Code.
s 2100.6. Purpose.
(a) It is the purpose of this article to implement authority granted the Board in Part 5, Division 26 of the Health and Safety Code in order to monitor motor vehicles that, although properly maintained and used, are not in compliance with applicable laws and regulations.
(b) This section shall apply to 1978 and subsequent model-year passenger cars, light-duty trucks, medium and heavy-duty vehicles, and motorcycles.
Note: Authority cited: Sections 39601, 43105 and 43213, Health and Safety Code. Reference: Sections 43000, 43105, 43106 and 43211-43213, Health and Safety Code.
s 2101. Compliance Testing and Inspection -New Vehicle Selection, Evaluation, and Enforcement Action.
(a) The executive officer may, with respect to any new vehicle engine family, test group or subgroup being sold, offered for sale, or manufactured for sale in California, order a vehicle manufacturer to make available for compliance testing and/or inspection a reasonable number of vehicles, and may direct that the vehicles be delivered to the state board at the Haagen-Smit Laboratory, 9528 Telstar Avenue, El Monte, California. Vehicles shall be selected at random from sources specified by the executive officer according to a method approved by him/her, which insofar as practical shall exclude (1) vehicles manufactured pursuant to the specific order of an ultimate purchaser or (2) vehicles the selection of which, if not excluded, would result in an unreasonable disruption of the manufacturer's distribution system.
A subgroup may be selected for compliance testing only if the executive officer has reason to believe that the emissions characteristics of that subgroup are substantially in excess of the emissions of the engine family or test group as a whole.
(b) If the vehicles are selected for compliance testing, the selection and testing of vehicles and the evaluation of data shall be made in accordance with the "California New Vehicle Compliance Test Procedures," adopted by the state board on June 24, 1976 and last amended August 5, 1999. Testing of passenger cars and light-duty-trucks certified to the low-emission and ultra-low-emission exhaust standards to determine compliance with the Supplemental Federal Test Procedure emission standards shall commence in the 2002 model year. Motorcycles scheduled for compliance testing shall be selected, tested, and evaluated in accordance with the "California New Motorcycle Compliance Test Procedures," adopted by the state board on June 30, 1977, and amended November 24, 1981.
(c) If the executive officer determines, in accordance with the "California New Vehicle Compliance Test Procedures," or the "California New Motorcycle Compliance Test Procedures" that an engine family, test group, or any subgroup within an engine family or test group, exceeds the emission standards for one or more pollutants, the executive officer shall notify the manufacturer and may invoke Section 2109. Prior to invoking Section 2109, the executive officer shall consider quality audit test results, if any, and any additional test data or other information provided by the manufacturer.
(d) Vehicles selected for inspection shall be checked to verify the presence of those emissions-related components specified in the manufacturer's application for certification, and for the accuracy of any adjustments, part numbers and labels specified in that application. If any vehicle selected for inspection fails to conform to any applicable law in Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code, or any regulation adopted by the state board pursuant thereto, other than an emissions standard applied to new vehicles to determine "certification" as specified in Subchapter 1, Article 2 of this Chapter and an assembly-line test procedure specified in Subchapter 2, Article 1 of this Chapter, the executive officer shall notify the manufacturer and may invoke Section 2109. Prior to invoking Section 2109, the executive officer shall consider any information provided by the manufacturer.
Note: Authority cited: Sections 39600, 39601 and 43104, Health and Safety Code. Reference: Sections 39002, 39003, 39500, 43000, 43106, 43202, 43210, 43211 and 43212, Health and Safety Code.
s 2102. Selection of Vehicles.
Note: Authority cited: Sections 39600, 39601, 43104, 43106 and 43210, Health and Safety Code. Reference: Sections 39002, 39003, 39500, 43000, 43106 and 43210, Health and Safety Code.
s 2103. Evaluation.
Note: Authority cited: Sections 39600, 39601, 43104, 43106 and 43210, Health and Safety Code. Reference: Sections 39002, 39003, 39500, 43000, 43106 and 43210, Health and Safety Code.
s 2104. Action 2103.
Note: Authority cited: Sections 39600, 39601, 43104, 43106 and 43210, Health and Safety Code. Reference: Sections 39002, 39003, 39500, 43000, 43106 and 43210, Health and Safety Code.
s 2105. Compliance with Applicable Laws.
Note: Authority cited: Sections 39600, 39601, 43104, 43106 and 43210, Health and Safety Code. Reference: Sections 39002, 39003, 39500, 43000, 43106 and 43210, Health and Safety Code.
s 2106. New Vehicle Assembly-Line Inspection Testing.
If reports required by an assembly-line test procedure under Article 1 of Subchapter 2 are not in accordance with reporting requirements or if surveillance under Article 2 or Article 3 of Subchapter 2 indicates that assembly-line inspection testing is being improperly performed, or that vehicles are being manufactured which do not comply with the functional test requirements or, prior to the 2001 model year with the assembly-line emission standards, the executive officer may order corrections of reporting or test procedures, and may, in accordance with Section 2109 or 2110, as applicable, order correction of vehicles not in compliance with applicable laws, emission standards, or test procedures.
Note: Authority cited: Sections 39600, 39601, 43105 and 43210, Health and Safety Code. Reference: Sections 39002, 39003, 39500, 43000, 43104, 43105 and 43210, Health and Safety Code.
s 2107. Assembly-Line Quality-Audit Testing.
Prior to the 2001 model year, if any official test procedure adopted by the state board specifies that the state board may find a violation of Section 43105 or 43106 of the Health and Safety Code or of this article when a specified percentage of assembly-line vehicles exceeds a standard and when data submitted by the manufacturer indicates such percentage is being exceeded or if surveillance under Article 2 or Article 3 of Subchapter 2 indicates that assembly-line quality audit testing is being improperly performed, the executive officer may invoke the provisions of Section 2109 or 2110, as applicable. Quality audit testing is not required for the 2001 and subsequent model years.
Note: Authority cited: Sections 39600, 39601, 43105 and 43210, Health and Safety Code. Reference: Sections 39002, 39003, 39500, 43000, 43102, 43105, 43106 and 43210, Health and Safety Code.
s 2108. Order of Executive Officer.
Failure to comply with any order of the executive officer issued pursuant to this article may result in the revocation or conditioning of certification in the manner specified in Section 2109 or 2110, as applicable.
Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 43100, 43105, 43106 and 43210, Health and Safety Code.
s 2109. New Vehicle Recall Provisions.
(a) When this section is invoked pursuant to other sections of this article or Health and Safety Code Section 43105, the executive officer shall require the manufacturer to submit a plan within 30 calendar days of receipt of the invocation order to bring all vehicles into compliance. The executive officer shall order execution of the plan with such changes and additions as he/she determines to be necessary. The plan may include measures to identify the cause of vehicle noncompliance and to correct noncomplying conditions, correction of vehicles under manufacture, correction of vehicles in the possession or control of the manufacturer and dealers, and correction of vehicles in the possession of consumers (by correction upon service whether or not by warranty, by correction following notification of recall by mail, or by correction following efforts actively to locate and correct all such vehicles). The plan may include the temporary cessation of sales to dealers by the manufacturer and efforts by the manufacturer to prevent the sale of vehicles in possession or control of dealers, until the vehicles are corrected. The executive officer may order any one or more of the foregoing actions, or any other action reasonably necessary to bring all vehicles into compliance.
(b) The plan shall specify the percentage of vehicles subject to recall which must actually be corrected.
If, after good faith efforts, the manufacturer cannot correct the percentage of vehicles specified in the plan by the applicable deadlines, the manufacturer may request the executive officer to modify the percentage of vehicles specified in the plan, setting out in full the good faith efforts of the manufacturer to comply with the original plan, and the reasons it has been unable to comply. The executive officer shall, on the basis of this request, modify the percentage of vehicles which must actually be corrected if he/she finds in writing that the manufacturer has made a good faith effort and has shown good cause for the modification. If the manufacturer so requests, the plan shall specify the maximum incentives (such as a tune-up or specified quantity of gasoline), if any, the manufacturer must offer to vehicle owners to induce them to present their vehicles for repair, as a condition of showing that the manufacturer has made a good faith effort to repair the percentage of vehicles specified in the plan. The plan shall also include a schedule for implementing actions to be taken, including identified increments of progress towards implementation and deadlines for completing each such increment.
(c) If a vehicle is recalled pursuant to this section, the manufacturer shall make all necessary corrections specified in the plan without charge to the registered owner of the vehicle or, at the manufacturer's election, shall reimburse the registered owner for all costs (except incidental and consequential damages) of making such necessary corrections.
The term "all costs" shall not include incidental or consequential damages, except that the manufacturer shall reimburse the registered owner for any damage to the vehicle's emissions control system proximately caused by a defect subject to a recall action under this subsection or an action by a manufacturer taken pursuant to a plan under this subsection.
(d) If the plan ordered by the executive officer pursuant to this subsection includes a recall, the manufacturer may, within 20 calendar days of its receipt of the plan ordered by the executive officer, notify the executive officer of its desire to contest the necessity for or scope of that order. Any such notification shall specify the basis of the manufacturer's objections. Upon receipt of such notification, the executive officer shall stay the recall until the state board affords the manufacturer the opportunity, at a public hearing to be scheduled no less than 30 calendar days and no more than 60 calendar days after receipt of such notification, to present evidence in support of its objections.
A stay of a recall shall not, unless otherwise ordered, stay any other portion of a plan required herein or any other order issued pursuant to this article.
The manufacturer may, within 20 calendar days of its receipt of the plan ordered by the executive officer, request a public hearing of the state board on the necessity for or scope of any other corrective action ordered by the executive officer. Such a hearing shall be held by the state board not less than 30 and no more than 60 calendar days after receipt of the manufacturer's request for such a hearing. The plan ordered by the executive officer shall remain in effect pending such hearing, unless otherwise ordered by the executive officer.
(e) Failure by a manufacturer to carry out all corrective actions or recall actions ordered by the executive officer pursuant to Section 2106 or to subsection (a) of this section according to the schedule included in the plan ordered by the executive officer shall constitute a violation of that order and of Health and Safety Code Section 43105. The executive officer shall extend any deadline in the plan if he/she finds in writing that a manufacturer has shown good cause for such extension.
If the manufacturer fails to correct the percentage of vehicles subject to recall specified in the recall plan issued by the executive officer (including any modifications made by him/her), by the deadline(s) included in that plan, each vehicle included in the number of vehicles by which the manufacturer falls short of such percentage shall constitute a separate violation of the order and of Health and Safety Code Section 43016.
The state board may hold a public hearing to consider whether approval of such vehicles shall be suspended or conditioned. The state board shall hold such a hearing if requested to do so by either the affected manufacturer or the executive officer.
After the hearing, the state board may suspend or condition approval if it finds that the corrective action ordered by the executive officer was reasonable and that the manufacturer failed to comply or to comply within the specified time period.
Note: Authority cited: Sections 39600, 39601 and 43105, Health and Safety Code. Reference: Sections 39002, 39003, 39500, 43000, 43016, 43100-43102, 43104 and 43106, Health and Safety Code.
s 2110. Remedial Action for Assembly-Line Quality Audit Testing of Less Than a Full Calendar Quarter of Production Prior to the 2001 Model Year.
(a) When this section is invoked prior to the 2001 model year pursuant to other sections of this article or Health and Safety Code Section 43105, the executive officer shall order the manufacturer to submit a remedial action plan to bring all vehicles in possession of the manufacturer into compliance. The manufacturer shall submit the plan within 30 calendar days after it receives the order. The executive officer may order execution of the plan with such changes and additions as he/she determines are necessary, including additional testing and reporting, consistent with the applicable assembly-line test procedures, to verify acceptability of the plan. The plan shall include a schedule for implementing actions to be taken, including identified increments of progress towards implementation, and deadlines for completing each such increment. The executive officer may not order a recall pursuant to this section.
(b) The manufacturer may, within 20 calendar days of its receipt of order for remedial action, request a public hearing of the state board on the necessity for or scope of any corrective action ordered by the executive officer. Such a hearing shall be held by the state board not less than 30 nor more than 60 calendar days after receipt of the manufacturer's request for such a hearing. The plan ordered by the executive officer shall remain in effect pending such hearing, unless otherwise ordered by the executive officer.
(c) Failure by a manufacturer to carry out all corrective actions ordered by the executive officer shall constitute a violation of that order and of Health and Safety Code Section 43105. The executive officer shall extend any deadline in the plan if he/she finds in writing that a manufacturer has shown good cause for such extension. Each vehicle required by the plan issued by the executive officer (including any modifications made by him/her) to receive remedial action which does not receive such action by the deadline(s) included in the plan shall constitute a separate violation of the order and of Health and Safety Code Section 43106.
The state board may hold a public hearing to consider whether approval of such vehicles shall be suspended or conditioned.
The state board shall hold such a hearing if requested to do so by either the affected manufacturer or the executive officer.
After such hearing, the state board may suspend or condition approval if it finds that the corrective action ordered by the executive officer was reasonable and that the manufacturer failed to comply or to comply within the specified time period.
Note: Authority cited: Sections 39600, 39601 and 43105, Health and Safety Code. Reference: Sections 39002, 39003, 39500, 43000, 43016, 43100-43102, 43104 and 43106, Health and Safety Code.
s 2111. Applicability.
(a) These procedures shall apply to:
(1) California-certified 1982 and subsequent model-year passenger cars, light-duty trucks, medium-duty vehicles, heavy-duty vehicles, motorcycles, and California-certified 1997 and subsequent model-year off-road motorcycles and all-terrain vehicles, including those federally certified vehicles which are sold in California pursuant to Health and Safety Code section 43102,
(2) California-certified motor vehicle engines used in such vehicles,
(3) California-certified 2000 and subsequent model-year off-road compression-ignition engines, and
(4) California-certified 2009 and subsequent model-year spark-ignition inboard and sterndrive marine engines.
(b) These procedures shall not apply to zero emission vehicles and those vehicles certified under Health and Safety Code section 44201.
(c) The Executive Officer may waive any or all of the requirements of these procedures if he or she determines that the requirement constitutes an unwarranted burden on the manufacturer without a corresponding emission reduction.
Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43105, Health and Safety Code. Reference: Sections 43000, 43009.5, 43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health and Safety Code.
s 2112. Definitions.
(a) "Capture rate" means the percentage of in-use vehicles subject to recall which must be corrected to bring the class or category of vehicles into compliance. The number of vehicles subject to recall shall be based on the actual number of vehicles in use as verified by the Department of Motor Vehicles registration records, or vehicle or engine registration records compiled and prepared by R. L. Polk and Company or a comparable source at the time a recall is initiated.
(b) "Correlation factor" means a pollutant-specific multiplicative factor calculated by a manufacturer for an engine family or test group which establishes a relationship between chassis exhaust emission data, as determined from the test procedures specified in section 1960.1 or 1961, Title 13, California Code of Regulations, and engine exhaust emission data, as determined from the test procedures specified in section 1956.8, Title 13, California Code of Regulations.
(c) "Days", when computing any period of time, means normal working days on which a manufacturer is open for business, unless otherwise noted.
(d) "Emission-Related Failure" means a failure of a device, system, or assembly described in the approved application for certification which affects any parameter, specification, or component enumerated in Appendix A to this subchapter 2.5 or listed in the Emission Warranty Parts List pursuant to section 2036, Title 13, California Code of Regulations, except for failures of devices, systems and assemblies which the Executive Officer has deleted from the manufacturer's list of warranted parts pursuant to section 2036 (f), Title 13, California Code of Regulations.
(e) "Emission Warranty Claim" means an adjustment, inspection, repair or replacement of a specific emission-related component for which the vehicle or engine manufacturer is invoiced or solicited by a repairing agent for compensation pursuant to warranty provisions, regardless of whether compensation is actually provided.
(f) "Executive Officer" means the Executive Officer of the Air Resources Board or his or her authorized representative.
(g) "Influenced Emission Recall" means an inspection, repair, adjustment, or modification program initiated and conducted by a manufacturer or its agent or representative as a result of in-use enforcement testing or other evidence of noncompliance provided or required by the Board, to remedy any nonconformity for which direct notification of vehicle or engine owners is necessary.
(h) "Nonconformity" or "noncompliance" exists whenever:
(1) a substantial number of a class or category of vehicles or engines, although properly maintained and used, experience a failure of the same emission-related component within their useful lives which, if uncorrected, results in the vehicles' or engines' failure to meet the applicable standards; or
(2) a class or category of vehicles or engines within their useful lives, although properly maintained and used, on average does not comply with the emission standards prescribed under section 43101 of the Health and Safety Code which are applicable to the model-year of such vehicles or engines.
(i) "Ordered Emission Recall" means an inspection, repair, adjustment, or modification program required by the Board and conducted by the manufacturer or its agent or representative to remedy any nonconformity for which direct notification of vehicle or engine owners is necessary.
(j) "Quarterly reports" refer to the following calendar periods: January 1- March 31, April 1-June 30, July 1-September 30, October 1-December 31.
(k) "Ultimate purchaser" has the same meaning as defined in section 39055.5 of the Health and Safety Code.
(l) "Useful life" means, for the purposes of this article:
(1) For Class I motorcycles and motorcycle engines (50 to 169 cc or 3.1 to 10.4 cu. in.), a period of use of five years or 12,000 kilometers (7,456 miles), whichever first occurs.
(2) For Class II motorcycles and motorcycle engines (170 to 279 cc or 10.4 to 17.1 cu. in.), a period of use of five years or 18,000 kilometers (11,185 miles), whichever first occurs.
(3) For Class III motorcycles and motorcycle engines (280 cc and larger or 17.1 cu. in. and larger), a period of use of five years or 30,000 kilometers (18,641 miles), whichever first occurs.
(4) For 1982 through 1984 model-year diesel heavy-duty vehicles (except medium-duty vehicles), and 1982 through 1984 model-year motor vehicle engines used in such vehicles, a period of use of five years, 100,000 miles, or 3000 hours of operation, whichever first occurs.
(5) For 1982 through 1987 model-year gasoline heavy-duty vehicles (except medium-duty vehicles) certified using the steady-state emission standards and test procedures, and 1982 through 1987 model-year gasoline heavy-duty motor vehicle engines certified using the steady-state emission standards and test procedures, a period of use of five years or 50,000 miles, whichever first occurs.
(6) For 1987 through 2003 model-year gasoline heavy-duty vehicles (except medium-duty vehicles) certified to the transient emission standards and test procedures, and 1987 and subsequent model-year gasoline heavy-duty motor vehicle engines certified using the transient emission standards and test procedures, a period of use of eight years or 110,000 miles, whichever first occurs, except as noted in paragraph (13).
(7) For 1985 through 2003 model-year heavy-duty diesel urban buses, and 1985 through 2003 model-year heavy-duty diesel engines to be used in urban buses, and for 1985 through 2003 model-year diesel heavy-duty vehicles (except medium-duty vehicles), and 1985 through 2003 model-year motor vehicle engines used in such vehicles, a period of use of eight years or 110,000 miles, whichever first occurs, for diesel light, heavy-duty vehicles; eight years or 185,000 miles, whichever first occurs, for diesel medium, heavy-duty vehicles; and eight years or 290,000 miles, whichever first occurs, for diesel heavy, heavy-duty vehicles, except as provided in paragraphs (11), (14), (15) and (16); or any alternative useful life period approved by the Executive Officer. (The classes of diesel light, medium, and heavy, heavy-duty vehicles are defined in 40 CFR section 86.085-2, as amended November 16, 1983.)
(8) For light-duty and medium-duty vehicles certified under the Optional 100,000 Mile Certification Procedure, and motor vehicle engines used in such vehicles, a period of use of ten years or 100,000 miles, whichever first occurs.
(9) For 2001 and subsequent-model year medium-duty low-emission, ultra-low-emission and super-ultra-low-emission vehicles certified to the primary standards in section 1961(a)(1), and motor vehicle engines used in such vehicles, a period of use of ten years or 120,000 miles, whichever occurs first. For 2001 and subsequent medium-duty low-emission, ultra-low-emission and super-ultra-low-emission vehicles certified to the optional 150,000 mile standards in section 1961(a)(1), and motor vehicle engines used in such vehicles, a period of use of fifteen years or 150,000 miles, whichever occurs first. For all other 1995 and subsequent model-year medium-duty vehicles and motor vehicle engines used in such vehicles, and 1992 through 1994 model-year medium-duty low-emission and ultra-low-emission vehicles certified to the standards in Section 1960.1(h)(2), and motor vehicle engines used in such vehicles, a period of use of eleven years or 120,000 miles, whichever occurs first.
(10) For all other light-duty and medium-duty vehicles, and motor vehicle engines used in such vehicles, a period of use of five years or 50,000 miles, whichever first occurs. For those passenger cars, light-duty trucks and medium-duty vehicles certified pursuant to section 1960.1.5, Title 13, California Code of Regulations, the useful life shall be seven years, or 75,000 miles, whichever first occurs; however, the manufacturer's reporting and recall responsibility beyond 5 years or 50,000 miles shall be limited, as provided in section 1960.1.5. For those passenger cars and light-duty trucks certified pursuant to Title 13, California Code of Regulations, section 1960.1 (f) and section 1960.1(g), the useful life shall be ten years or 100,000 miles, whichever first occurs; however, for those vehicles certified under section 1960.1(f), the manufacturer's warranty failure and defects reporting and recall responsibility shall be subject to the conditions and standards specified in section 1960.1 (f).
(11) For 1994 through 2003 model-year heavy heavy-duty diesel urban buses, and 1994 through 2003 model-year heavy heavy-duty diesel engines to be used in urban buses, for the particulate standard, a period of use of ten years or 290,000 miles, whichever first occurs; or any alternative useful life period approved by the Executive Officer.
(12) For 1997 and subsequent model year off-road motorcycles, all-terrain vehicles, and engines used in such vehicles, a period of use of five years or 10,000 kilometers (6,250 miles), whichever first occurs.
(13) For 1998 through 2003 model-year gasoline heavy-duty engines, for the NO x standard, a period of use of ten years or 110,000 miles, whichever first occurs; or any alternative useful life period approved by the Executive Officer.
(14) For 1998 through 2003 model-year light heavy-duty diesel engines, for the NO x standard, a period of use of ten years or 110,000 miles, whichever first occurs; or any alternative useful life period approved by the Executive Officer.
(15) For 1998 through 2003 model-year medium heavy-duty diesel engines, for the NO x standard, a period of use of ten years or 185,000 miles, whichever first occurs; or any alternative useful life period approved by the Executive Officer.
(16) For 1998 through 2003 model-year heavy heavy-duty diesel engines, for the NO x standard, a period of use of ten years or 290,000 miles, whichever first occurs; or any alternative useful life period approved by the Executive Officer.
(17) For those passenger cars and light-duty trucks certified to the primary standards in section 1961(a)(1), the useful life shall be ten years or 120,000 miles, whichever occurs first. For 2001 and subsequent passenger car and light-duty truck low-emission, ultra-low-emission and super-ultra-low-emission vehicles certified to the optional 150,000 mile standards in section 1961(a)(1), and motor vehicle engines used in such vehicles, a period of use of fifteen years or 150,000 miles, whichever occurs first.
(18) For 2004 and subsequent model-year light heavy-duty diesel engines, for carbon monoxide, particulate, and oxides of nitrogen plus non-methane hydrocarbons emissions standards, a period of use of 10 years or 110,000 miles, whichever first occurs, or any alternative useful life period approved by the Executive Officer.
(19) For 2004 and subsequent model-year medium heavy-duty diesel engines, for carbon monoxide, particulate, and oxides of nitrogen plus non-methane hydrocarbons emissions standards, a period of use of ten years or 185,000 miles, whichever first occurs; or any alternative useful life period approved by the Executive Officer.
(20) For 2004 and subsequent model-year heavy heavy-duty diesel engines, 2004 and subsequent model-year heavy-duty diesel urban buses, 2004 and subsequent model-year heavy-duty diesel engines to be used in urban buses, and 2004 and subsequent model year hybrid-electric urban buses for carbon monoxide, particulate, and oxides of nitrogen plus non-methane hydrocarbon emissions standards, a period of use of 10 years or 435,000 miles, or 22,000 hours, whichever first occurs, or any alternative useful life period approved by the Executive Officer, except as provided in paragraphs (19)(i) and (19)(ii).
(i) The useful life limit of 22,000 hours in paragraph (19) of this definition is effective as a limit to the useful life only when an accurate hours meter is provided by the manufacturer with the engine and only when such hours meter can reasonably be expected to operate properly over the useful life of the engine.
(ii) For an individual engine, if the useful life hours limit of 22,000 hours is reached before the engine reaches 10 years or 100,000 miles, the useful life shall become 10 years or 100,000 miles, whichever occurs first, as required under Clean Air Act section 202(d) (42 U.S.C. 7521(d)).
(21) For 2004 and subsequent model-year heavy-duty Otto-cycle engines, for carbon monoxide, particulate, and oxides of nitrogen plus non-methane hydrocarbon emissions standards, a period of use of 10 years or 110,000 miles, whichever first occurs.
(22) For 2000 and later model year off-road compression-ignition engines, for oxides of nitrogen, hydrocarbon, oxides of nitrogen plus hydrocarbon (when applicable), carbon monoxide, particulate emission standards, and for smoke opacity:
(A) For all engines rated under 19 kilowatts, and for constant-speed engines rated under 37 kilowatts with rated speeds greater than or equal to 3,000 revolutions per minute, a period of use of five years or 3,000 hours of operation, whichever first occurs.
(B) For all other engines rated above 19 kilowatts and under 37 kilowatts, a period of use of seven years or 5,000 hours of operation, whichever first occurs.
(C) For engines rated at or above 37 kilowatts, a period of use of ten years or 8,000 hours of operation, whichever first occurs.
(23) For 2009 and subsequent model year spark-ignition inboard and sterndrive marine engines, a period of ten years or 480 hours, whichever first occurs.
(m) "Vehicle or engine manufacturer" means the manufacturer granted certification for a motor vehicle or motor vehicle engine.
(n) "Voluntary Emission Recall" means an inspection, repair, adjustment, or modification program voluntarily initiated and conducted by a manufacturer or its agent or representative to remedy any nonconformity for which direct notification of vehicle or engine owners is necessary.
Appendix A to Article 2.1 California In-Use Vehicle Emission-Related Recall Procedures, Enforcement Test Procedures, and Failure Reporting Procedures for 1982 and Subsequent Model-Year Passenger Cars, Light-Duty Trucks, Medium-Duty Vehicles, Heavy-Duty Vehicles and Engines, Motorcycles, 1997 and Subsequent Model-Year Off-Road Motorcycles and All-Terrain Vehicles, 2000 and Subsequent Model-Year Off-Road Compression-Ignition Engines, and 2009 and Subsequent Model-Year Spark-Ignition Inboard and Sterndrive Marine Engines.
Vehicle and Engine Parameters, Components, and Specifications
I. Passenger Car, Light-Duty Truck, Medium-Duty Vehicle, Motorcycle, and Inboard and Sterndrive Parameters and Specifications.
A. Basic Engine Parameters -Reciprocating Engines.
1. Compression ratio.
2. Cranking compression pressure.
3. Valves (intake and exhaust).
a. Head diameter dimension.
b. Valve lifter or actuator type and valve lash dimension.
4. Turbocharger calibrations.
5. Camshaft timing.
a. Valve opening (degrees BTDC).
b. Valve closing (degrees ATDC).
c. Valve overlap (inch-degrees).
B. Basic Engine Parameters -Rotary Engines.
1. Intake port(s): Timing and overlap if exposed to the combustion chamber.
2. Exhaust port(s): Timing and overlap if exposed to the combustion chamber.
3. Cranking compression pressure.
4. Compression ratio.
C. Air Inlet System: Temperature control system calibration.
D. Fuel System.
1. General
a. Engine idle speed.
b. Engine idle mixture.
2. Carburetion.
a. Air-fuel flow calibration.
b. Transient enrichment system calibration.
c. Starting enrichment system calibration. (continued)