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(B) For all other engines rated above 19 kilowatts and under 37 kilowatts, five years or 3,750 hours of operation, whichever first occurs.
(C) For all engines rated at or above 37 kilowatts, seven years or 6,000 hours of operation, whichever first occurs.
Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43105, Health and Safety Code. Reference: Health and Safety Code Sections 43000, 43009.5, 43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health and Safety Code.
s 2138. Restorative Maintenance.
(a) Upon accepting a vehicle for testing, the ARB or its designated laboratory will replace the fuel with Indolene Clear or appropriate certification test fuel.
(b) The ARB or its designated laboratory shall perform the following diagnosis or restorative maintenance prior to enforcement testing:
(1) Identify part numbers of all essential emission control system components.
(2) Check air filter, all drive belts, all fluid levels, radiator cap, all vacuum hoses and electrical wiring related to emission control for integrity; check fuel metering and emission control system components for maladjustments and/or tampering. Record all discrepancies.
(3) Check ignition system with oscilloscope and replace any defective components; i.e., spark plugs, wires, etc.
(4) Check compression.
(5) Check and adjust engine parameters to manufacturer's specifications.
(6) Check the OBD system for proper operation.
(7) If the vehicle is within 500 miles of a scheduled maintenance service, that maintenance shall be performed except in the case of off-road motorcycles and all-terrain vehicles. For off-road motorcycles and all-terrain vehicles, all required maintenance shall be performed.
(c) For any enforcement testing conducted by the manufacturer pursuant to title 13, section 2139 (c)(1), California Code of Regulations, the "ARB or its designated laboratory", as stated in subsections (a) and (b), shall refer to the manufacturer or its designated laboratory.
Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43105, Health and Safety Code. Reference: Health and Safety Code Sections 43000, 43009.5, 43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health and Safety Code.
s 2139. Testing.
After the vehicles have been accepted and restorative maintenance, if any, has been performed, the ARB or its designated laboratory shall perform the applicable emission tests pursuant to the following:
(a) For passenger cars and light-duty trucks, in-use compliance emission tests shall be performed pursuant to section 1960.1 or 1961, Title 13, California Code of Regulations, as applicable.
(b) For medium-duty vehicles certified according to the chassis standards and test procedures specified in section 1960.1 or 1961, Title 13, California Code of Regulations and the documents incorporated by reference therein, in-use compliance emission tests shall be performed pursuant to section 1960.1 or 1961, Title 13, California Code of Regulations, as applicable.
(c) For medium-duty engines and vehicles certified according to the optional engine test procedures specified in section 1956.8, Title 13, California Code of Regulations and the documents incorporated by reference therein, in-use compliance emission tests shall be performed pursuant to one of the following procedures:
(1) The engines of medium-duty vehicles may be tested pursuant to the engine test procedures specified in section 1956.8, provided that the manufacturer or its designated laboratory conduct procurement and enforcement testing pursuant to Sections 2136 through 2140, Title 13, California Code of Regulation, at the manufacturer's expense.
For manufacturers that have only one engine family or test group, the manufacturer or its designated laboratory that have more than one engine family or test group, the manufacturer or its designated laboratory shall procure no more than fifteen vehicles per engine family or test group. For manufacturers that have more than one engine family or test group, the manufacturer or its designated laboratory shall procure and test at the manufacturer's expense no more than one-third of its engine families or test groups and no more than fifteen vehicles from each engine family or test group. For the purposes of this section, "one-third" of a manufacturer's engine families or test groups shall be determined by dividing the number of distinct engine families or test groups by three, adding 0.5, and truncating the result to the nearest whole number.
The specific engine families or test groups subject to enforcement testing shall be selected by the ARB. The manufacturer or its designated laboratory shall begin the engine procurement process within 10 working days of notification by the ARB and shall complete testing within 100 working days of notification by the ARB. The Executive Officer shall approve the manufacturer's procurement procedures in advance of their use by the manufacturer. The Executive Officer shall approve a manufacturer's procurement procedures if engines are screened according to the criteria specified in section 2137, Title 13, California Code of Regulations and selected randomly from registration records compiled and prepared by R. L. Polk and Company or a comparable source. In addition, no vehicle shall be selected for enforcement testing with mileage less than 60 percent of the useful-life mileage without prior approval from the Executive Officer. The manufacturer shall permit an ARB representative to witness procurement, restorative maintenance, and enforcement testing. The Executive Officer shall have the authority to accept or reject a test engine based upon criteria specified in section 2137. Once an engine has been tested and determined to be in compliance with the current in-use emission standards, no further testing will be performed on subsequent engine families or test groups that carry-over the durability data of the tested engine family or test group.
Notwithstanding the above, if a manufacturer fails to demonstrate compliance with the emission standards after one-third of its engine families or test groups have been tested, additional engine families or test groups shall be tested, by the manufacturer or its designated laboratory, at the manufacturer's expense, until compliance is demonstrated on one-third of the engine families or test groups or all of a manufacturer's engine families or test groups have been tested. In addition, any engine family or test group which has been tested and determined to be in noncompliance shall be retested by the manufacturer each subsequent year until compliance with the applicable emission standards has been demonstrated. Notwithstanding the above, the ARB may conduct engine enforcement testing pursuant to the engine test procedures specified in section 1956.8, at their own expense.
(2) Medium-duty vehicles may be tested according to the chassis test procedures specified in section 1960.1(k) or 1961, as applicable, if a manufacturer develops correlation factors which establish the relationship between engine and chassis testing for each engine family or test group and submits these correlation factors within one year after the beginning of production. The correlation factors shall be applied to the measured in-use engine exhaust emission data to determine the in-use engine exhaust emission levels. All correlation factors and supporting data included in a manufacturer's application must be submitted to and approved by the Executive Officer in advance of their use by a manufacturer. Correlation factors intended to apply to a specific engine family or test group shall be applicable for each vehicle model incorporating that specific engine. Manufacturers shall submit test data demonstrating the applicability of the correlation factors for vehicle models comprising a minimum of 80 percent of their engine sales for that specific engine family or test group. The correlation factors for the remaining fleet may be determined through an engineering evaluation based upon a comparison with similar vehicle models. The Executive Officer shall approve a submitted correlation factor if it accurately corresponds to other established empirical and theoretical correlation factors and to emission test data available to the Executive Officer.
A manufacturer may choose to use the results from the chassis in-use testing as a screening test. If an engine family or test group does not demonstrate compliance with any of the applicable in-use engine standards, as determined from the chassis test data and the applied correlation factors, the manufacturer shall be subject to the requirements and cost of in-use compliance engine testing, as specified in section 2139(c)(1). The manufacturer shall be subject to engine testing for any non-complying engine family or test group for each subsequent year until compliance with the engine emission standards is demonstrated.
Subsequent to approval of the correlation factors, the Executive Officer may make a determination that the original correlation factors are not valid. Such a determination may be based upon in-use emission data, including chassis and engine testing. Upon determination that the correlation factors for a specific engine family or test group are not valid, the manufacturer of the engine family or test group shall be subject to the enforcement testing requirements and costs of in-use compliance engine testing, as specified in section 2139(c)(1).
(3) The manufacturer shall choose one of the procedures specified in subsections (c)(1) through (c)(2). The Executive Officer shall permit the use of alternative test procedures if the Executive Officer determines the alternative test procedure adequately predicts the exhaust emissions from the engine test procedure specified in section 1956.8, Title 13, California Code of Regulations. Such a determination may be based upon correlation with test data from the engine test procedures.
(4) The time limits specified in subsections (c)(1) and (c)(2) may be extended by the Executive Officer if the manufacturer demonstrates that the time limits specified could not be achieved due to reasons beyond the reasonable control of the manufacturer.
(d) For heavy-duty engines and vehicles, in-use compliance emission tests shall be performed pursuant to section 1956.8, Title 13, California Code of Regulations.
(e) For motorcycles, in-use compliance emission tests shall be performed pursuant to section 1958, Title 13, California Code of Regulations.
(f) For off-road motorcycles and all-terrain vehicles, in-use compliance tests shall be performed pursuant to section 2412, Title 13, California Code of Regulations. The in-use compliance testing shall use the same test procedure utilized for the specific vehicle's original certification testing.
(g) For off-road compression-ignition engines, in-use compliance tests shall be performed pursuant to Section 2423, Title 13, California Code of Regulations. The in-use compliance testing shall use the same test procedure utilized for the specific engine's original certification testing.
(h) For spark-ignition inboard and sterndrive marine engines, in-use compliance tests shall be performed pursuant to section 2442, Title 13, California Code of Regulations. The in-use compliance testing shall use the same test procedure utilized for the specific engine's original certification testing.
(i) For any emission in-use compliance test performed pursuant to subsections (a) through (h), the ARB may waive a specific test for subsequent vehicle samples if results from vehicle samples already tested are deemed sufficient to establish complying emission levels. The ARB shall inform the manufacturer at least 30 days prior to enforcement testing of its vehicles or engines and shall permit a manufacturer representative to observe the enforcement testing.
Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43104 and 43105, Health and Safety Code. Reference: Sections 39002, 39003, 43000, 43009.5, 43013, 43018, 43100, 43101, 43101.5, 43102, 43103, 43104, 43105, 43106, 43107, 43204-43205.5 and 43211-43213, Health and Safety Code.
s 2140. Notification and Use of Test Results.
(a) The Executive Officer shall notify the manufacturer in writing if the in-use vehicle enforcement test results indicate that the test fleet contains three or more failures of the same emission-related component. Upon receipt of the notification, the manufacturer shall submit an emissions information report in accordance with Title 13, California Code of Regulations, Sections 2146 and 2147. The engine family, test group or sub-group manufacturer shall be subject to recall when a specific emission-related failure occurred in three or more test vehicles, unless the Executive Officer determines from the emissions information report that a recall is unnecessary.
(b) If the results of the in-use vehicle emission tests conducted pursuant to Section 2139 indicate that the average emissions of the test vehicles for any pollutant exceed the applicable emission standards specified in Title 13, California Code of Regulations, Sections 1960.1, 1961, 1956.8, 1958, 2412, 2423 or 2442, the entire vehicle population so represented shall be deemed to exceed such standards. The Executive Officer shall notify the manufacturer of the test results and upon receipt of the notification, the manufacturer shall have 45 days to submit an influenced recall plan in accordance with Sections 2113 through 2121, Title 13, California Code of Regulations. If no such recall plan is submitted, the Executive Officer may order corrective action including recall of the affected vehicles in accordance with Sections 2122 through 2135, Title 13, California Code of Regulations.
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, 43204-43205.5 and 43211-43213, Health and Safety Code.
s 2141. General Provisions.
(a) The provisions regarding applicability of the failure reporting procedures and the definitions shall be the same as those set forth in Title 13, California Code of Regulations, Sections 2111 and 2112, except that this Section 2141 does not apply to off-road compression-ignition engines, as defined in Section 2421.
(b) The requirement to file emission warranty information reports and field information reports for a given class or category of vehicles or engines shall be applicable for the warranty period but not to exceed the useful-life period of the vehicles or engines beginning with the 1990 model-year vehicles or engines.
(c) The requirement to file an emissions information report for a given class or category of vehicles or engines shall be applicable for the useful-life period of the vehicles or engines.
(d) In the case of motor vehicles or engines for which certification of the exhaust and evaporative emission control systems is granted to different manufacturers, the information reporting responsibility in subsections (b) and (c) above shall be assigned to the certifying manufacturer.
Note: Authority cited: Sections 39600, 39601 and 43105, Health and Safety Code. Reference: Sections 43000, 43009.5, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health and Safety Code.
s 2142. Alternative Procedures.
(a) A vehicle manufacturer may use an alternative procedure to those specified in Sections 2144(a) and 2145(a), provided the Executive Officer has determined that the alternative procedure will produce substantially equivalent results. In making such a determination, the Executive Officer shall consider the capacity of the alternative procedure to:
(1) ensure early detection of failing components within the useful life of the vehicles or engines;
(2) track failing components by engine family;
(3) assure prompt notification of the Executive Officer when a systematically failing component is indicated;
(4) provide objective, complete and easily monitored data; and
(5) be audited by the Executive Officer.
(b) If, in order to comply with the requirements of Section 2142(a), 2144(a) or 2145(a), a manufacturer elects to develop a system based upon a sampling of representative California dealerships, such plan must be reviewed and approved by the Executive Officer prior to its implementation.
Note: Authority cited: Sections 39600, 39601 and 43105, Health and Safety Code. Reference: Sections 43000, 43009.5, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health and Safety Code.
s 2143. Failure Levels Triggering Recall.
An engine family, test group or a subgroup shall be subject to a recall when the number of failures of a specific emission-related component exceeds the failure level set forth below, unless the Executive Officer determines from the emission information report that a recall is unnecessary pursuant to the criteria set forth in Section 2148(a) and (b). Vehicles or engines in an engine family or test group are subject to recall at the following failure levels: 4 percent or 50 (whichever is greater) for 1990 through 1991 model year vehicles or engines; 3 percent or 50 (whichever is greater) for 1992 through 1993 model-year vehicles or engines; and 2 percent or 50 (whichever is greater) for 1994 and subsequent model-year vehicles or engines. The Executive Officer may extend the applicability of the 4 or 3 percent failure levels if he/she determines that proceeding to the next lower level will create an excessive administrative burden on the ARB or the vehicle manufacturers without a corresponding benefit in the reduction of emissions.
Note: Authority cited: Sections 39600, 39601 and 43105, Health and Safety Code. Reference: Sections 43000, 43009.5, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health and Safety Code.
s 2144. Emission Warranty Information Report.
(a) A manufacturer shall:
(1) Review warranty claim records for each engine family or test group on a quarterly basis to determine and compile by cumulative total the number of claims made for emission-related components. The data compiled shall be based on all warranty claims, without any prescreening of data as to the validity of the claims. In the case of heavy-duty vehicles or engines, a manufacturer may use nationwide data for monitoring warranty claims of a California-certified engine family or test group which is also certified by the United States Environmental Protection Agency.
(2) Categorize warranty claims for each engine family or test group by the specific emission control component replaced or repaired.
(3) On the basis of data obtained subsequent to the effective date of these regulations, file an emission warranty information report for each quarter when the cumulative number of unscreened warranty claims for a specific emission-related component or repair represent at least one percent or twenty five (whichever is greater) of the vehicles or engines of a California-certified engine family or test group.
(b) The emission warranty information report shall contain the following information in substantially the format outlined below:
(1) The manufacturer's corporate name.
(2) A description of each class or category of California-certified vehicles or engines affected by a warranty replacement or warranty repair of a specific emission-related component, including model year and engine family or test group.
(3) The number and percentage of vehicles or engines in each engine family or test group for which a warranty replacement or warranty repair of a specific emission-related component was identified.
(4) A short description of the specific emission-related component that was replaced or repaired under warranty.
(c) Emission warranty information reports shall be submitted not more than 25 days after the close of a calendar quarter. Subsequent to the filing of an emission warranty information report, a manufacturer shall submit quarterly reports updating the number and percentage of emission-related warranty claims with the most recent information, unless a recall has been implemented. Emission warranty information reports and updates shall be submitted to the Chief, Mobile Source Operations Division, 9528 Telstar Avenue, El Monte, CA 91731.
(d) The records described in Section 2144(a)(1) of these procedures and the records used under the alternative procedure described in Section 2142(a) of these procedures shall be made available to the Executive Officer upon request.
Note: Authority cited: Sections 39600, 39601 and 43105, Health and Safety Code. Reference: Sections 43000, 43009.5, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health and Safety Code.
s 2145. Field Information Report.
(a) On the basis of data obtained and reported pursuant to Section 2144 of these procedures, a manufacturer shall file a field information report not more than 45 days after an emission warranty information report indicates that a cumulative total of unscreened warranty claims for a specific emission-related component is found to exist in excess of the percentage of vehicles specified in Section 2143, unless the manufacturer has committed to perform a recall by notifying the ARB of its intent in writing within the 45-day period. A recall plan must be submitted within 45 days of that notice.
(b) All field information reports shall be submitted to the Chief, Mobile Source Operations Division, 9528 Telstar Avenue, El Monte, CA 91731, and shall contain the following information in substantially the format outlined below:
(1) The manufacturer's corporate name.
(2) A field information report number assigned by the manufacturer which shall be used in all related correspondence.
(3) A description of each class or category of California-certified vehicles or engines affected including make, model, model-year, engine family or test group and such other information as may be required to identify the vehicles or engines affected. The description shall include those engine families or test groups related to the affected engine family or test group through common certification test data allowed under Title 40, Code of Federal Regulations, Section 86.085-24(f), as amended December 10, 1984 or Title 40 Code of Federal Regulations, Section 86.1839-01, as adopted May 4, 1999 ( "carry-over" and "carry-across" engine families).
(4) A description of the emission-related component that failed or was replaced or repaired under warranty, the failure and the probable cause of the failure.
(5) The number and percentage of vehicles or engines in each engine family or test group for which a failure of a specific emission-related component was identified.
(6) The total number and percentage of unscreened warranty claims and failures of a specific emission-related component projected to occur during the engine family's or test group's useful life and a description of the method used to project this number.
(7) An estimated date when the failure of a specific emission-related component will reach the levels specified in Section 2143 of these procedures.
Note: Authority cited: Sections 39600, 39601 and 43105, Health and Safety Code. Reference: Sections 43000, 43009.5, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health and Safety Code.
s 2146. Emissions Information Report.
(a) A manufacturer shall file an emissions information report:
(1) For 1990 and subsequent model-year vehicles or engines, when the failure of a specific emission-related component exceeds the percentages specified in Section 2143 of these procedures. An emissions information report shall not be required sooner than 45 days after the field information report has been submitted to the Executive Officer.
(2) Not more than 45 days after the Executive Officer, with cause, requires such a report. For purposes of this section, "cause" shall be based upon any information in ARB possession which indicates that a failure of significant scope is occurring which might necessitate a recall, including but not limited to the in-use enforcement test results specified in Section 2140(a) above, and information gathered from ARB in-use surveillance activities, Smog Check inspections, and consumer complaints.
(3) For 1982 through 1989 model-year vehicles or engines, not more than 15 days after a specific emission-related defect is determined to exist in twenty-five or more vehicles or engines of the same model year. A defect shall be determined in accordance with procedures established by a manufacturer to identify safety-related defects.
(b) No emissions information report shall be required if a manufacturer has committed to perform a recall by notifying the ARB of its intent in writing after the failure of a specific emission-related component exceeds the percentages specified in Section 2143 of these procedures. A recall plan shall be submitted within 45 days of the manufacturer's notification of intent to perform a recall.
(c) All emissions information reports shall be submitted to the Chief, Mobile Source Operations Division, 9528 Telstar Avenue, El Monte, CA 91731, and shall contain the following information in substantially the format outlined below. For purposes of this section, the term "failure" shall be considered synonymous with the term "defect" for those emissions information reports filed pursuant to subsection (a)(3), above.
(1) The manufacturer's corporate name.
(2) The field information report number from which the failure was first reported, if applicable.
(3) A description of each class or category of California-certified vehicles or engines affected by the failure including make, model, model-year, engine family or test group, and such other information as may be required to identify the vehicles or engines affected.
(4) A description of the emission-related component that failed, the failure and the probable cause of failure.
(5) A description of any driveability problems or impact on other vehicle or engine performance factors such as fuel economy and cold starting likely to result from the failure.
(6) For emissions information reports filed pursuant to Section 2146(a)(1) and (2), a description of how emissions will be affected over the useful life of the vehicles or engines due to the failure.
(7) For emissions information reports filed pursuant to Section 2146(a)(3), an evaluation of the emission impact of the failure and any available emission data which relate to the failure.
Note: Authority cited: Sections 39600, 39601 and 43105, Health and Safety Code. Reference: Sections 43000, 43009.5, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health and Safety Code.
s 2147. Demonstration of Compliance with Emission Standards.
(a) In order to overcome the presumption of noncompliance set forth in Title 13, California Code of Regulations, Section2123(b), the average emissions of the vehicles and engines with the failed emission-related component must comply with applicable emission standards. A manufacturer may demonstrate compliance with the emission standards by following the procedures set forth in either subsection (b) or subsection (c) of this section.
(b) A manufacturer may test properly maintained in-use vehicles with the failed emission-related component pursuant to the applicable certification emission tests specified in Title 13, California Code of Regulations, Section 1960.1 or 1961, as applicable, for passenger cars, light-duty trucks and medium-duty vehicles, Section 1956.8 for heavy-duty engines and vehicles, Section 1958 for motorcycles, and Section 2442 for inboard and sterndrive marine engines. The emissions shall be projected to the end of the vehicle's or engine's useful life using in-use deterioration factors. The in-use deterioration factors shall be chosen by the manufacturer from among the following:
(1) "Assigned" in-use deterioration factors provided by the ARB on a manufacturer's request and based on ARB in-use testing; or,
(2) deterioration factors generated during certification, provided adjustments are made to account for vehicle aging, customer mileage-accumulation practices, type of failed component, component failure mode, effect of the failure on other emission-control components, commercial fuel and lubricant quality, and any other factor which may affect the vehicle's or engine's operating conditions; or,
(3) subject to approval by the Executive Officer, a manufacturer-generated deterioration factor. The Executive Officer shall approve such deterioration factor if it is based on in-use data generated from certification emission tests performed on properly maintained and used vehicles in accordance with the procedures set forth in Section 1960.1 or 1961 of Title 13 of the California Code of Regulations as applicable for passenger cars, light-duty trucks, and medium-duty vehicles; Section1956.8 of Title 13 of the California Code of Regulations for heavy duty vehicles and engines; and Section 1958 of Title 13 of the California Code of Regulations for motorcycles, and if the vehicles from which it was derived are representative of the in-use fleet with regard to emissions performance and are equipped with similar emission control technology as vehicles with the failed component.
(c) In lieu of the vehicle or engine emission testing described in subsection (b) above and subject to approval by the Executive Officer, a manufacturer may perform an engineering analysis, laboratory testing or bench testing, when appropriate, to demonstrate the effect of the failure.
Note: Authority cited: Sections 39600, 39601 and 43105, Health and Safety Code. Reference: Sections 43000, 43009.5, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health and Safety Code.
s 2148. Evaluation of Need for Recall.
(a) Once the emission information report is filed, the Executive Officer shall evaluate the failure to determine whether a recall is necessary. Factors to be considered shall include but are not limited to the following:
(1) the validity of the data;
(2) the emission impact of the failure on individual vehicles or engines;
(3) the possibility of induced tampering due to driveability problems resulting from the failure;
(4) the effects of the failure on performance, fuel economy, and safety;
(5) the failure rates and the timing and extent of a remedy if no recall is required; and
(6) other factors specific to the failure.
(b) Notwithstanding subsection (a) above, a recall shall not be required if the manufacturer submits information with the emissions information report which demonstrates to the satisfaction of the Executive Officer that the failure:
(1) is limited to an emission-related component on a <-substantial percentage of vehicles and does not represent a pervasive defect in design, application, or execution which is likely to affect a substantial number of such emission-related components during the useful life of the vehicle or engines, and
(2) is likely to be corrected under the warranty program or other in-use maintenance procedure shortly after the inception of the problem.
(c) If a manufacturer can identify a subgroup of an engine family or test group which is subject to a failure, a recall may be limited to that subgroup with Executive Officer approval.
Note: Authority cited: Sections 39600, 39601 and 43105, Health and Safety Code. Reference: Sections 43000, 43009.5, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health and Safety Code.
s 2149. Notification and Subsequent Action.
(a) The Executive Officer shall notify the manufacturer of the evaluation results. If the Executive Officer deems a noncompliance exists, a manufacturer shall have 15 days upon receipt of ARB notification to notify the ARB in writing of its intent to perform a recall. A manufacturer may initiate one of the following recalls:
(1) A voluntary recall if the emissions information report submitted was required pursuant to Section 2146(a)(1) or (a)(3) of these procedures;
(2) An influenced recall if the emissions information report submitted was required pursuant to Section 2146(a)(2) of these procedures.
(b) If no notification to perform a voluntary or influenced recall is submitted by the manufacturer within the 15-day period specified in subsection (a) above, the ARB may initiate further investigation which could lead, respectively, to an influenced or ordered recall of the subject vehicles or engines.
(c) Following notification of noncompliance by the ARB, a manufacturer shall submit within 45 days a recall plan in accordance with Section 2113(a) or (b), Title 13, California Code of Regulations.
Note: Authority cited: Sections 39600, 39601 and 43105, Health and Safety Code. Reference: Sections 43000, 43009.5, 43018, 43101, 43104, 43105, 43106, 43107, 43204-43205.5, 43211-43213 and 43107, Health and Safety Code.
s 2150. Assembly-Line Surveillance.
(a) Each manufacturer offering new vehicles for sale in California shall make available to the state board at reasonable times and upon reasonable written notice its facilities for the purpose of observing assembly-line testing conducted pursuant to Article 1.
(b) Upon request, facilities at the assembly-line shall be made available for the state board to conduct its own assembly-line tests with the manufacturer's or the state board's own equipment. In lieu of the state board's surveillance testing at assembly-lines, a manufacturer and the executive officer of the state board may agree
(1) to the state board's surveillance testing in California at a point or points mutually satisfactory to both, or
(2) to surveillance being conducted by an independent laboratory pursuant to instructions of the executive officer. The executive officer shall endeavor to conduct assembly-line surveillance testing under this subdivision with respect to manufacturers whose assembly-lines are outside the continental United States.
Note: Authority cited: Sections 39600, 39601 and 43202, Health and Safety Code. Reference: Sections 39002, 39003, 39500, 43100, 4302 and 43210, Health and Safety Code.
s 2151. New Motor Vehicle Dealer Surveillance.
(a) No dealer shall sell, or offer or deliver for sale a new passenger car, light-duty truck, or medium-duty vehicle which is required to meet emission standards adopted pursuant to Chapter 2 (commencing with Section 43100) of Part 5 of Division 26 of the Health and Safety Code, unless such vehicle conforms to the following requirements:
(1) Ignition timing set to manufacturer's specification with an allowable tolerance of +- 3 degrees
(2) Idle speed is set to manufacturer's specification with an allowable tolerance of +- 100 rpm;
(3) Required exhaust and evaporative emission controls, such as EGR valves, are operating properly;
(4) Vacuum hoses and electrical wiring for emission controls are correctly routed; and
(5) Idle mixture is set to manufacturer's specification or according to manufacturer's recommended service procedure.
(b) The executive officer or his/her authorized representative shall, pursuant to Health and Safety Code Section 43012, conduct inspection and surveillance of new motor vehicles at dealerships to verify conformity with the requirements set forth in paragraph (a). Functional tests, steady-state inspection tests, and other tests as reasonably necessary shall be performed. The California Motor Vehicle Inspection Program emission test standards in Section 2176 applicable to the appropriate model year may be used by the executive officer or his/her authorized representative to verify the compliance of new motor vehicles with the requirements of subparagraph (a). Exceeding the limits specified in Section 2176 shall be deemed a violation of the requirements of subparagraph (a). Costs such as those enumerated in Section 2153 shall be borne by the manufacturers.
(c) Violation of the requirements set forth in paragraph (a) may result in one or more of the following sanctions:
(1) Dealer liability for a civil penalty pursuant to Health and Safety Code Section 43212; for the purpose of this section, the word "distributor" in Section 43212 includes dealers;
(2) Dealer infraction liability for violation of Vehicle Code Section 24007(b) or 27156; or
(3) Any other remedy against a manufacturer or dealer provided for by law.
Note: Authority cited: Sections 39600, 39601 and 43211, Health and Safety Code. Reference: Sections 39002, 39003, 39500, 43000, 43009, 43012, 43210, 43211, 43212 and 43600, Health and Safety Code; and Sections 24007(b), 27156 and 27157, Vehicle Code.
s 2152. Surveillance of Used Cars at Dealerships.
(a) No dealer shall sell, or offer or deliver for sale a used passenger car, light-duty truck, or medium-duty vehicle which is required to meet emission standards adopted pursuant to Chapter 1 (commencing with Section 43000) of Part 5 of Division 26 of the Health and Safety Code, unless such vehicle conforms to the following requirements:
(1) Ignition timing set to retrofit device or vehicle manufacturer's specification with an allowable tolerance +- 3 degrees;
(2) Idle speed set to retrofit device or vehicle manufacturer's specification with an allowable tolerance of +- 100 rpm;
(3) Required exhaust and evaporative emission controls, such as EGR valves, are operating properly;
(4) Vacuum hoses and electrical wiring for emission controls are correctly routed and connected; and
(5) Idle mixture set to retrofit device or vehicle manufacturer's specification or according to manufacturer's recommended service procedure.
(b) The requirements set forth in subparagraphs (a)(1) through (a)(5) shall also apply to a dealer when servicing emission related components. However, only that requirement(s) appropriate to the service performed shall apply.
(c) The executive officer or his/her authorized representative shall, pursuant to Health and Safety Code Section 43012, conduct inspection and surveillance of used motor vehicles at dealerships to verify conformity with the requirements set forth in paragraphs (a) and (b). Functional tests, steady-state inspection tests, and other tests as reasonably necessary, shall be performed. In addition, the California Motor Vehicle Inspection Program emission test standards in Section 2176 applicable to the appropriate model year may be used by the executive officer or his/her authorized representative to verify compliance with the requirements of subparagraph (a). Exceeding the limits specified in Section 2176 shall be deemed a violation of the requirements of subparagraph (a).
(d) Violation of the requirements set forth in paragraphs (a) and (b) may result in one or more of the following sanctions:
(1) Dealer infraction liability for violation of Vehicle Code Section 24007(b) or 27156;
(2) Action against the dealer's license pursuant to Vehicle Code Section 11713; or
(3) Any other remedy against a manufacturer or dealer provided for by law.
Note: Authority cited: Sections 39600, 39601 and 43211, Health and Safety Code. Reference: Sections 39002, 39003, 43009, 43012, 43100 and 43600, Health and Safety Code; and Sections 11713, 24007(b), 27156, 27157 and 27157.5, Vehicle Code.
s 2153. Reimbursement of Costs.
In connection with surveillance of emissions from new vehicles prior to their retail sale, the manufacturers of such vehicles shall pay fees to permit the state board to recover the state board's direct and indirect costs in conducting such surveillance. These costs will be computed on a person-hour basis according to time spent on each manufacturer, and shall include personnel salaries, administrative overhead, travel time and expenses. With respect to surveillance conducted away from the state board's Vehicle Testing Laboratory, if more than one manufacturer is involved in a particular trip, travel time and expenses shall be apportioned among them according to time spent in surveillance of each manufacturer's vehicles. The computations used in establishing fees will periodically be revised and shall be available upon request.
Note: Authority cited: Sections 39600, 39601 and 43203, Health and Safety Code. Reference: Section 43210, Health and Safety Code.
s 2160. Certificates of Compliance Exemptions -New and Used Diesel Vehicles over 6,000 Pounds Gross Weight Rating.
Note: Authority cited: Section 4000.1(e), Vehicle Code; and Sections 39600 and 39601, Health and Safety Code. Reference: Section 4000.1(e), Vehicle Code; and Sections 43150-43156, Health and Safety Code.
s 2161. Certificates of Compliance Exemptions -New and Used Diesel Vehicles, 6,000 Pounds or Less Gross Weight Rating.
Note: Authority cited: Section 4000.1(e), Vehicle Code; and Sections 39600 and 39601, Health and Safety Code. Reference: Section 4000.1(e), Vehicle Code; and Sections 43150-43156, Health and Safety Code.
s 2162. Certificates of Compliance Exemptions -New and Used Motorcycles.
Note: Authority cited: Section 4000.1(e), Vehicle Code; and Sections 39600 and 39601, Health and Safety Code. Reference: Section 4000.1(e), Vehicle Code; and Sections 43150-43156, Health and Safety Code.
s 2163. Certificates of Compliance Exemptions for Used Motorcycles.
Certificates of Compliance are not required upon transfer of ownership and registration of motorcycles, nor upon initial registration of motorcycles with odometer readings of over 7,500 miles. This section shall become effective on September 1, 1984, and shall supersede the provisions of Section 2162 on that date.
Note: Authority cited: Section 4000.1(e), Vehicle Code; and Sections 39600 and 39601, Health and Safety Code. Reference: Sections 4000.1(e) and 4000.2, Vehicle Code; and Sections 43150-43156, Health and Safety Code.
s 2164. Certificates of Compliance Exemptions for Used Diesel-Powered Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles.
Certificates of Compliance are not required upon transfer of ownership and registration of diesel-powered passenger cars, light-duty trucks, and medium-duty vehicles, nor upon initial registration of diesel-powered passenger cars, light-duty trucks, and medium-duty vehicles with odometer readings of over 7,500 miles. This section shall become effective on September 1, 1984, and shall supersede the provisions of Sections 2160 and 2161 on that date.
Note: Authority cited: Section 4000.1(e), Vehicle Code; and Sections 39600 and 39601, Health and Safety Code. Reference: Sections 4000.1(e) and 4000.2, Vehicle Code; and Sections 43150-43156, Health and Safety Code.
s 2165. Certificates of Compliance Exemptions for Used Heavy-Duty Diesel Vehicles.
Certificates of Compliance are not required upon transfer of ownership and registration of heavy-duty diesel vehicles, nor upon initial registration of heavy-duty diesel vehicles with an odometer reading of over 7,500 miles. This section shall become effective on September 1, 1984, and shall supersede the provisions of Sections 2160 and 2161 on that date.
Note: Authority cited: Section 4000.1(e), Vehicle Code; and Sections 39600 and 39601, Health and Safety Code. Reference: Sections 4000.1(e) and 4000.2, Vehicle Code; and Sections 43150-43156, Health and Safety Code.
s 2175. Highway Exhaust Emissions -Light-Duty Vehicles.
(a) The state board finds the standards for exhaust emissions set forth in Table 1 to be the maximum allowable emissions of pollutants from light-duty (6,000 pounds or less gross vehicle weight) and medium-duty (8,500 pounds or less gross vehicle weight) gasoline-powered vehicles when inspected at California Highway Patrol roadside inspection lanes.
(b) The inspection shall consist of exhaust emission measurements from the vehicle with the air injection system (if any) connected. Hydrocarbon and carbon monoxide concentrations shall be determined by nondispersive infrared instrumentation.
The idle mode test shall be performed with the transmission set in neutral gear with the engine at its normal operating temperature.
Table 1
Highway Inspection Standards
_______________________________________________________________________________
Emission Idle Standards
[FNa1]
Category Model Control No. of HC CO
Number Year System Cylinder PPM %
_______________________________________________________________________________
1 1955-1965 5 or more 800 8.50
2 1966-1970 with air injection 5 or more 450 5.00
3 1966-1970 without air injection 5 or more 550 7.00
4 1971-1972 with air injection 5 or more 300 4.00
5 1971-1972 without air injection 5 or more 450 6.50
6 1973-1974 with air injection 5 or more 200 3.50
7 1973-1974 without air injection 5 or more 450 6.50
8 1955-1967 4 or less 1200 8.00
9 1968-1970 with air injection 4 or less 400 5.50
10 1968-1970 without air injection 4 or less 900 7.50
11 1971-1972 with air injection 4 or less 400 5.50
12 1971-1972 without air injection 4 or less 400 6.50
13 1973-1974 with air injection 4 or less 300 4.50
14 1973-1974 without air injection 4 or less 350 6.50
15 1975+ no catalyst ALL 150 3.00
16 1975+ catalyst without air ALL 200 4.00
injection
17 1975+ catalyst with air injection ALL 100 1.00
18 1975+ three-way catalyst ALL 80 1.00
[FNa1] HC (ppm) is defined as hydrocarbons in parts per millions of hexane by volume and CO (%) is defined as carbon monoxide in percent by volume.
Note: Authority cited: Sections 39600, 39601 and 43101, Health and Safety Code; and Sections 27157 and 27157.5, Vehicle Code. Reference: Sections 39002, 39003, 39500, 43000 and 43101, Health and Safety Code; and Sections 27157 and 27157.5, Vehicle Code.
s 2175.5. Exemption of Vehicles.
In cases of conflict with manufacturer's specifications, the executive officer may by Executive Order exempt certain vehicles from a standard set forth in Section 2175 above or set appropriate separate standards. A list of such vehicle(s) or class(es) of vehicles shall be distributed to the California Highway Patrol and the Bureau of Automotive Repair.
Note: Authority cited: Sections 39600, 39601 and 43101, Health and Safety Code; and Sections 27157 and 27157.5, Vehicle Code. Reference: Sections 39002, 39003, 39500, 43000 and 43101, Health and Safety Code; and Sections 27157 and 27157.5, Vehicle Code.
s 2176. Mandatory Inspection Exhaust Emissions -Light-Duty and Medium-Duty Vehicles.
(a) Pursuant to Section 43010, Chapter 1, Part 5, Division 26 of the Health and Safety Code, exhaust emissions from light-duty (6,000 pounds or less gross vehicle weight) and medium-duty (8,500 pounds or less gross vehicle weight) gasoline-powered vehicles subject to inspection pursuant to Chapter 20.4 (commencing with Section 9889.50) of Division 3 of the Business and Professions Code shall not exceed the standards set forth in this section by vehicle class as shown in Table 1.
(b) The inspection shall consist of exhaust emission measurements from the vehicle with the air injection system (if any) connected. Hydrocarbon, carbon monoxide, and oxides of nitrogen concentrations shall be determined by non-dispersive infrared instrumentation.
The cruise mode test shall be performed first on a chassis dynamometer at the speeds and loads shown in the following table:
Number of Vehicle Shipping Speed Loading
Loading Class Cylinders Weight (mph) (Hp)
1 4 or less --- 4 +- 1 10 +- 1
2 5 or 6 --- 40 +- 1 15 +- 1.5
3 7 or more less than 3,250 lbs. 40 +- 1 17.5 +- 1.5
4 7 or more 3,250 lbs. or more 40 +- 1 20 +- 1.5
A vehicle which cannot reach the speed and load specified in the table above, or which by its original design cannot be tested at cruise on an inspection center dynamometer, may be exempted from the cruise mode of the test. Vehicles owned by licensed fleet operators may be exempted from cruise mode test, provided an underhood functional inspection is performed on these vehicles, in addition to idle mode test. An idle mode test may be performed on vehicles at one lane inspection centers wherever dynamometers are inoperative.
The idle mode test shall be performed with the transmission set in neutral gear with the engine at its normal operating temperature. The cruise mode test shall be performed with automatic transmission in drive and with manual transmission set in high gear but overdrive will be disengaged.
(c) In the event of a conflict between the emission standards set forth in subdivision (a) and a manufacturer's specifications for a particular engine family or group of vehicles (defined by make, model year, and emission control system), as demonstrated by an excessive failure rate, by valid assembly-line data of the vehicle manufacturer, or by other data available to the executive officer, the executive officer may by Executive Order exempt such engine families or groups of vehicles from the standards set forthin subdivision (a) and set appropriate separate emission standards. (continued)