Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Applicability.
This section shall apply to 1979 through 1989 model
passenger cars, light-duty trucks, and medium-duty vehicles; 1979 and
subsequent model motorcycles and heavy-duty vehicles; motor vehicle engines
used in such vehicles; 2020 and subsequent model year trailers certified to the
GHG emission standards of section
95663(c), title
17, CCR; and 2022 and subsequent model year heavy-duty hybrid vehicles, or 2022
and subsequent model year incomplete hybrid vehicles from 10,001 to 14,000
pounds GVWRs, equipped with 2022 and subsequent model year hybrid powertrains
optionally certified pursuant to
13 CCR
§
1956.8, and hybrid powertrains used in
such vehicles. The warranty period shall begin on the date the vehicle or
trailer is delivered to an ultimate purchaser, or if the vehicle or trailer is
first placed in service as a "demonstrator" or "company" car prior to delivery,
on the date it is first placed in service.
(b) General Emissions Warranty Coverage.
The manufacturer of each motor vehicle, motor vehicle
engine, or trailer shall warrant to the ultimate purchaser and each subsequent
purchaser that the vehicle, engine, or trailer is:
(1) Designed, built, and equipped so as to
conform, at the time of sale, with all applicable regulations adopted by the
Air Resources Board pursuant to its authority in chapters 1 and 2, part 5,
division 26 of the Health and Safety Code and part 1, division 25.5 of the
Health and Safety Code; and
(2)
Free from defects in materials and workmanship which cause the failure of a
warranted part to be identical in all material respects to that part as
described in the vehicle, engine, or trailer manufacturer's application for
certification. In addition, for the vehicles specified below in subparagraphs
(A) through (C), the manufacturer shall warrant such vehicles are free from
defects in materials and workmanship which cause the vehicle's on-board
diagnostic malfunction indicator light to illuminate.
(A) for 2022 through 2027 model year
diesel-powered heavy-duty vehicles greater than 14,000 pounds GVWR which are
equipped with 2022 through 2026 model year heavy-duty diesel engines certified
on only diesel fuel, and 2022 through 2026 model year heavy-duty diesel engines
certified on only diesel fuel used in such vehicles.
(B) for 2027 and subsequent model year
heavy-duty vehicles greater than 14,000 pounds GVWR which are equipped with
2027 and subsequent model year heavy-duty engines, and 2027 and subsequent
model year heavy-duty engines used in such vehicles; and
(C) for 2022 and subsequent model year
heavy-duty hybrid vehicles greater than 14,000 pounds GVWR, or 2022 and
subsequent model year incomplete hybrid vehicles from 10,001 to 14,000 pounds
GVWR, which are equipped with 2022 and subsequent model year hybrid powertrains
optionally certified pursuant to
13 CCR
§
1956.8, any defects in materials or
workmanship which cause the vehicle's on-board diagnostic malfunction indicator
light to illuminate.
(c) Warranty Period.
The warranty period applicable to this section shall
be:
(1) In the case of 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) In the case of 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) In the case of
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)
(A) In the case of diesel-powered heavy-duty
vehicles greater than 14,000 pounds GVWR which are equipped with 2021 and prior
model year motor vehicle engines, and motor vehicle engines used in such
vehicles, a period of use of five years, 100,000 miles, or 3000 hours of
operations, whichever first occurs. However, in no case may this period be less
than the basic mechanical warranty that the manufacturer provides (with or
without additional charge) to the purchaser of the engine. Extended warranties
on select parts do not extend the emissions warranty requirements for the
entire engine but only for those parts. In cases where responsibility for an
extended warranty is shared between the owner and the manufacturer, the
emissions warranty shall also be shared in the same manner as specified in the
warranty agreement.
(B) In the case
of 2022 through 2027 model year diesel-powered heavy-duty vehicles greater than
14,000 pounds GVWR which are equipped with 2022 through 2026 model year motor
vehicle heavy-duty diesel engines, and the 2022 through 2026 model year vehicle
heavy-duty diesel engines used in such vehicles, the first occurring of either
a period of use of five years, or:
110,000 miles for heavy-duty vehicles with engines
certified as light-heavy-duty engines;
150,000 miles for heavy-duty vehicles with engines
certified as medium-heavy-duty engines;
350,000 miles for heavy-duty vehicles with engines
certified as heavy-heavy-duty engines.
However, in no case may these periods be less than the
basic mechanical warranty that the manufacturer provides (with or without
additional charge) to the purchaser of the engine. Extended warranties on
select parts do not extend the emissions warranty requirements for the entire
engine but only for those parts. In cases where responsibility for an extended
warranty is shared between the owner and the manufacturer, the portion of the
emissions warranty extending beyond the minimum mileages listed above shall
also be shared in the same manner as specified in the warranty
agreement.
The warranty periods in this subparagraph (c)(4)(B) apply
only to:
1. warranted parts that
affect the regulated emissions of criteria pollutants, as defined in section
2035(c)(2)(D),
title 13, CCR, and
2. heavy-duty
vehicles with engines certified on only diesel fuel, including engines that
have concurrent applications in both dedicated diesel-fueled vehicles and
hybrid vehicles.
The warranty periods in subparagraph (c)(4)(A) of this
section continue to apply to 2022 through 2027 model year heavy-duty vehicles
equipped with 2022 through 2026 model year engines certified to the diesel
standards of section
1956.8, title 13, CCR, using
alternative fuels (e.g., liquefied or compressed natural gas) with engines
certified for use in hybrid vehicles exclusively; and with engines certified
for use in dual fuel vehicles; and to heavy-duty vehicles powered with fuel
cells.
(C) In the
case of 2027 through 2031 model year diesel-powered heavy-duty vehicles greater
than 14,000 pounds GVWR which are equipped with 2027 through 2030 model year
motor vehicle heavy-duty diesel engines, and the 2027 through 2030 model year
heavy-duty diesel engines used in such vehicles, the first occurring of a
period of use of seven years, or:
150,000 miles or 7,000 hours for heavy-duty vehicles with
engines certified as light heavy-duty engines;
220,000 miles or 11,000 hours for heavy-duty vehicles with
engines certified as medium heavy-duty engines;
450,000 miles or 22,000 hours for heavy-duty vehicles with
engines certified as heavy heavy-duty engines.
However, in no case may these periods be less than the
basic mechanical warranty that the manufacturer provides (with or without
additional charge) to the purchaser of the engine. Extended warranties on
select parts do not extend the emissions warranty requirements for the entire
engine but only for those parts. In cases where responsibility for an extended
warranty is shared between the owner and the manufacturer, the portion of the
emissions warranty extending beyond the minimum mileages listed above shall
also be shared in the same manner as specified in the warranty
agreement.
The hour periods are effective as limits to warranty only
when an accurate hours meter is provided by the engine manufacturer and is
reasonably expected to operate properly over the useful life of the engine. The
hours meter shall not count standby-idle time (key-on, engine off) as engine
operating time for purposes of identifying the end of the warranty period, such
as on a vehicle equipped with stop-start technology.
The warranty periods in this subparagraph (c)(4)(C) apply
only to:
1. warranted parts that
affect the regulated emissions of criteria pollutants, as defined in section
2035(c)(2)(D),
title 13, CCR, and
2. heavy-duty
vehicles with engines certified to the diesel-cycle standards of section
1956.8, title 13, CCR, including
engines that have concurrent applications in both dedicated internal-combustion
vehicles and hybrid vehicles.
(D) In the case of 2031 and subsequent model
year diesel-powered heavy-duty vehicles greater than 14,000 pounds GVWR that
are equipped with 2031 and subsequent model year motor vehicle heavy-duty
diesel engines, and the 2031 and subsequent model year heavy-duty diesel
engines used in such vehicles, the first occurring of a period of use of 10
years, or:
210,000 miles or 10,000 hours for heavy-duty vehicles with
engines certified as light heavy-duty engines;
280,000 miles or 14,000 hours for heavy-duty vehicles with
engines certified as medium heavy-duty engines;
600,000 miles or 30,000 hours for heavy-duty vehicles with
engines certified as heavy heavy-duty engines.
However, in no case may these periods be less than the
basic mechanical warranty that the manufacturer provides (with or without
additional charge) to the purchaser of the engine. Extended warranties on
select parts do not extend the emissions warranty requirements for the entire
engine but only for those parts. In cases where responsibility for an extended
warranty is shared between the owner and the manufacturer, the portion of the
emissions warranty extending beyond the minimum mileages listed above shall
also be shared in the same manner as specified in the warranty
agreement.
The hour periods are effective as limits to warranty only
when an accurate hours meter is provided by the engine manufacturer and is
reasonably expected to operate properly over the useful life of the engine. The
hours meter shall not count standby-idle time (key-on, engine off) as engine
operating time for purposes of identifying the end of the warranty period, such
as on a vehicle equipped with stop-start technology.
The warranty periods in this subparagraph (c)(4)(D) apply
only to;
1. warranted parts that
affect the regulated emissions of criteria pollutants, as defined in section
2035(c)(2)(D),
title 13, CCR, and
2. heavy-duty
vehicles with engines certified to the diesel-cycle standards of section
1956.8, title 13, CCR, including
engines that have concurrent applications in both dedicated internal-combustion
vehicles and hybrid vehicles.
(4.1) In the case of diesel-powered
heavy-duty vehicles from 14,001 to 19,500 pound GVWR certified to the GHG
emission standards of section
95663, title 17, a period of use
of five years or 50,000 miles, whichever first occurs, for GHG emission control
components (except tires), as set forth in
40 CFR
1037.120, as amended October 25, 2016. The
warranty period shall be a period of use of two years or 24,000 miles,
whichever first occurs, in the case of tires used in such vehicles. In the case
of motor vehicle engines used in such vehicles, the warranty period shall be a
period of use of five years or 50,000 miles, whichever first occurs, for GHG
emissions.
(4.2) In the case of
diesel-powered heavy-duty vehicles above 19,500 pound GVWR certified to the GHG
emission standards of section
95663, title 17, a period of use
of five years or 100,000 miles, whichever first occurs, for GHG emission
control components (except tires), as set forth in
40 CFR
1037.120, as amended October 25, 2016. The
warranty period shall be a period of use of two years or 24,000 miles,
whichever first occurs, in the case of tires used in such vehicles. In the case
of motor vehicle engines used in such vehicles, the warranty period shall be a
period of use of five years or 100,000 miles, whichever first occurs, for GHG
emissions.
(5) In the
case of passenger cars, light-duty trucks, 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, except as otherwise provided in this paragraph. In the
case of diesel particulate control system components on the 1985 and subsequent
model passenger cars, light-duty trucks, and medium-duty vehicles certified
under the optional 100,000-mile certification procedure, the warranty period
means five years or 50,000 miles, whichever first occurs, for failures of such
components which do not result in the failure of any other warranted part to
perform as designed during the warranty period of the vehicle, and ten years or
100,000 miles, whichever first occurs, for all other failures.
(6) In the case of vehicles certified to the
optional emission standards pursuant to Health and Safety Code section
43101.5(a), which are sold on or after January 1, 1983, for fuel metering and
ignition components contained in the state board's "Emissions Warranty Parts
List", dated December 14, 1978, as amended February 22, 1985, a period of use
of two years or 24,000 miles, whichever first occurs, and for all other
warranted parts, a period of use of five years or 50,000 miles, whichever first
occurs.
(7) In the case of all
other passenger cars, light-duty trucks, and medium-duty vehicles, a period of
use of five years or 50,000 miles, whichever first occurs.
(8)
(A) In
the case of heavy-duty vehicles greater than 14,000 pounds GVWR which aer
equipped with 2026 and prior model year motor behicle engines, and motor
vehicle engines used in such vehicles, (except for diesel-powered heavy-duty
vehicles, and motor vehicle engines used in such vehicles), a period of use of
five years or 50,000 miles, whichever first occurs. However, in no case may
this period be less than the basic mechanical warranty period that the
manufacturer provides (with or without additional charge) to the purchaser of
the engine. Extended warranties on select parts do not extend the emissions
warranty requirements for the entire engine but only for those parts. In cases
where responsibility for an extended warranty is shared between the owner and
the manufacturer, the emissions warranty shall also be shared in the same
manner as specified in the warranty agreement.
(B) Reserved.
(C) In the case of 2027 through 2031 model
year heavy-duty vehicles greater than 14,000 pounds GVWR which are equipped
with 2027 through 2030 model year motor vehicle heavy-duty engines, and the
2027 through 2030 model year heavy-duty engines used in such vehicles, (except
for diesel-powered heavy-duty vehicles, and motor vehicle engines used in such
vehicles), a period of use of seven years, 110,000 miles, or 6,000 hours,
whichever first occurs.
However, in no case may these periods be less than the
basic mechanical warranty that the manufacturer provides (with or without
additional charge) to the purchaser of the engine. Extended warranties on
select parts do not extend the emissions warranty requirements for the entire
engine but only for those parts. In cases where responsibility for an extended
warranty is shared between the owner and the manufacturer, the portion of the
emissions warranty extending beyond the minimum mileages listed above shall
also be shared in the same manner as specified in the warranty
agreement.
The hour period is effective as a limit to warranty only
when an accurate hours meter is provided by the engine manufacturer and is
reasonably expected to operate properly over the useful life of the engine. The
hours meter shall not count standby-idle time (key-on, engine off) as engine
operating time for purposes of identifying the end of the warranty period, such
as on a vehicle equipped with stop-start technology.
The warranty period in this subparagraph (c)(8)(C) applies
only to:
1. warranted parts that
affect the regulated emissions of criteria pollutants, as defined in section
2035(c)(2)(E),
title 13, CCR, and
2. heavy-duty
vehicles with engines certified to the Otto-cycle standards of section
1956.8, title 13, CCR, including
engines that have concurrent applications in both dedicated internal-combustion
vehicles and hybrid vehicles.
(D) In the case of 2031 and subsequent model
year heavy-duty vehicles greater than 14,000 pounds GVWR which are equipped
with 2031 and subsequent model year motor vehicle heavy-duty engines, and the
2031 and subsequent model year heavy-duty engines used in such vehicles,
(except for diesel-powered heavy-duty vehicles, and motor vehicle engines used
in such vehicles), a period of use of 10 years, 160,000 miles, or 8,000 hours,
whichever first occurs.
However, in no case may these periods be less than the
basic mechanical warranty that the manufacturer provides (with or without
additional charge) to the purchaser of the engine. Extended warranties on
select parts do not extend the emissions warranty requirements for the entire
engine but only for those parts. In cases where responsibility for an extended
warranty is shared between the owner and the manufacturer, the portion of the
emissions warranty extending beyond the minimum mileages listed above shall
also be shared in the same manner as specified in the warranty
agreement.
The hour period is effective as a limit to warranty only
when an accurate hours meter is provided by the engine manufacturer and is
reasonably expected to operate properly over the useful life of the engine. The
hours meter shall not count standby-idle time (key-on, engine off) as engine
operating time for purposes of identifying the end of the warranty period, such
as on a vehicle equipped with stop-start technology.
The warranty period in this subparagraph (c)(8)(D) applies
only to:
1. warranted parts that
affect the regulated emissions of criteria pollutants, as defined in section
2035(c)(2)(E),
title 13, CCR, and
2. heavy-duty
vehicles with engines certified to the Otto-cycle standards of section
1956.8, title 13, CCR, including
engines that have concurrent applications in both dedicated internal-combustion
vehicles and hybrid vehicles.
(8.1) In the case of heavy-duty vehicles at
or above 14,001 pound GVWR certified to the GHG emission standards of section
95663, title 17, (except for
diesel-powered heavy-duty vehicles), a period of use of five years or 50,000
miles, whichever first occurs, for GHG emission control components (except
tires), as set forth in 40
CFR 1037.120, as amended October 25, 2016.
The warranty period shall be a period of use of two years or 24,000 miles,
whichever first occurs, in the case of tires used in such vehicles. In the case
of motor vehicle engines used in such vehicles, the warranty period shall be a
period of use of five years or 50,000 miles, whichever first occurs, for GHG
emissions.
(9) In the
case of trailers, a period of use of five years (except tires) for GHG emission
components, and a period of use of one year for tires, as set forth in
40 CFR
1037.120, as amended October 25, 2016,
incorporated by reference herein.
(10) In the case of 2022 and subsequent model
year hybrid powertrains optionally certified pursuant to
13 CCR
§
1956.8, the warranty period shall be
as specified below:
(A) In the case of diesel
hybrid powertrains, primarily used in vehicles with a GVWR from 14,001 to
19,500 pounds, the warranty period and model year implementation schedules for
light heavy-duty diesel engines of this section shall apply to the hybrid
powertrains.
(B) In the case of
diesel hybrid powertrains primarily used in vehicles with a GVWR from 19,501 to
33,000 pounds, the warranty period and model year implementation schedules for
medium heavy-duty diesel engines of this section shall apply to the hybrid
powertrains.
(C) In the case of
diesel hybrid powertrains primarily used in vehicles with a GVWR greater than
33,000 pounds, the warranty period and model year implementation schedules for
heavy heavy-duty diesel engines of this section shall apply to the hybrid
powertrains.
(D) In the case of
Otto-cycle hybrid powertrains used in vehicles with a GVWR greater than 14,000
pounds, the warranty period and model year implementation schedules for
heavy-duty engines, of this section, shall apply to the hybrid
powertrains.
(E) In the case of
diesel hybrid powertrains used in incomplete vehicles with a GVWR from 10,001
to 14,000 pounds, the warranty period and model year implementation schedules
are identical to the warranty period and model year implementation schedules
specified for light heavy-duty diesel engines in this section, or for medium
duty diesel engines used in such powertrains the warranty period and model year
implementation schedules are as specified in
13 CCR
§
2037(b).
(F) In the case of Otto-cycle hybrid
powertrains used in incomplete vehicles with a GVWR from 10,001 to 14,000
pounds, the warranty period and model year implementation schedules are
identical to the warranty period and model year implementation schedules
specified for heavy-duty engines (except for diesel-powered heavy-duty
vehicles, and motor vehicle engines used in such vehicles) in this section, or
for medium duty engines used in such powertrains the warranty period and model
year implementation schedules are as specified in
13 CCR
§
2037(b).
(d) Subject to the conditions and exclusions
of subsection (j), the warranty on emissions-related parts shall function as
follows:
(1) Any warranted part which is not
scheduled for replacement as required maintenance in the written instructions
required by subsection (e) shall be warranted for the warranty period defined
in subsection (c). If any such part fails during the warranty period, it shall
be repaired or replaced by the vehicle, engine, or trailer manufacturer
according to subsection (4) below. Any such part repaired or replaced under
warranty shall be warranted for the remaining warranty period.
(2)
(A) Any
warranted part which is scheduled only for regular inspection in the written
instructions required by subsection (e) shall be warranted for the warranty
period defined in subsection (c). A statement in such written instructions to
the effect of "repair or replace as necessary" shall not reduce the period of
warranty coverage. Any such part repaired or replaced under warranty shall be
warranted for the remaining warranty period.
(B) In the case of 2022 through 2027 model
year diesel-powered heavy-duty vehicles greater than 14,000 pounds GVWR in
which 2022 through 2026 model year heavy-duty diesel engines are installed, and
the 2022 through 2026 model year heavy-duty diesel engines used in such
vehicles, any warranted part which is scheduled only for regular inspection in
the written instructions required by subsection (e) shall be warranted for the
warranty period defined in subsection (c). A statement in such written
instructions to the effect of "repair or replace as necessary" shall not reduce
the period of warranty coverage. If the regular inspection indicates that a
part has failed and needs to be repaired or replaced, any such part shall be
repaired or replaced during the applicable warranty period by the vehicle or
engine manufacturer according to subsection (4) below. Any such part repaired
or replaced under warranty shall be warranted for the remaining warranty period
defined in subsection (c).
(C) In
the case of all 2027 and subsequent model year heavy-duty vehicles greater than
14,000 pounds GVWR in which 2027 and subsequent model year heavy-duty engines
are installed, and the 2027 and subsequent model year heavy-duty engines used
in such vehicles, any warranted part which is scheduled only for regular
inspection in the written instructions required by subsection (e) shall be
warranted for the warranty period defined in subsection (c). A statement in
such written instructions to the effect of "repair or replace as necessary"
shall not reduce the period of warranty coverage. If the regular inspection
indicates that a part has failed and needs to be repaired or replaced, any such
part shall be repaired or replaced during the applicable warranty period by the
vehicle or engine manufacturer according to subsection (4) below. Any such part
repaired or replaced under warranty shall be warranted for the remaining
warranty period defined in subsection (c).
(D) In the case of 2022 and subsequent model
year heavy-duty hybrid vehicles greater than 14,000 pound GVWR, or 2022 and
subsequent model year incomplete hybrid vehicles from 10,001 to 14,000 pounds
GVWR, which are equipped with 2022 and subsequent model year hybrid powertrains
optionally certified pursuant to
13 CCR
§
1956.8, and the 2022 and subsequent
model year hybrid powertrains used in such vehicles, any warranted part that is
scheduled only for regular inspection in the written instructions required by
subsection (e) shall be warranted for the warranty period defined in subsection
(c). A statement in such written instructions to the effect of "repair or
replace as necessary" shall not reduce the period of warranty coverage. If the
regular inspection indicates that a part has failed and needs to be repaired or
replaced, any such part shall be repaired or replaced during the applicable
warranty period by the vehicle or engine manufacturer according to subsection
(4) below. Any such part repaired or replaced under warranty shall be warranted
for the remaining warranty period defined in subsection
(c).
(3)
(A) Any warranted part which is scheduled for
replacement as required maintenance in the written instructions required by
subsection (e) shall be warranted for the period of time or mileage, whichever
first occurs, prior to the first scheduled replacement point for that part. If
the part fails before the first scheduled replacement point, the part shall be
repaired or replaced by the vehicle, engine, or trailer manufacturer according
to subsection (4) below. Any such part repaired or replaced under warranty
shall be warranted for the remainder of the period prior to the first scheduled
replacement point for the part.
(B)
In the case of 2022 through 2027 model year diesel-powered heavy-duty vehicles
greater than 14,000 pounds GVWR in which 2022 through 2026 model year
heavy-duty diesel engines are installed, and the 2022 through 2026 model year
heavy-duty diesel engines used in such vehicles, any warranted part which is
scheduled for replacement as required maintenance in the written instructions
required by subsection (e) shall be replaced by the owner as scheduled
according to section
2040, title 13, CCR. However, if
the repaired or replaced part fails before a scheduled replacement during the
applicable warranty period, the part shall be repaired or replaced by the
vehicle or engine manufacturer according to subsection (4) below. Any such part
repaired or replaced under warranty shall be warranted for the remaining
warranty period defined in subsection (c).
(C) In the case of all 2027 and subsequent
model year heavy-duty vehicles greater than 14,000 pounds GVWR in which 2027
and subsequent model year heavy-duty engines are installed, and the 2027 and
subsequent model year heavy-duty engines used in such vehicles, any warranted
part which is scheduled for replacement as required maintenance in the written
instructions required by subsection (e) shall be replaced by the owner as
scheduled according to section
2040, title 13, CCR. However, if
the repaired or replaced part fails before a scheduled replacement during the
applicable warranty period, the part shall be repaired or replaced by the
vehicle or engine manufacturer according to subsection (4) below. Any such part
repaired or replaced under warranty shall be warranted for the remaining
warranty period defined in subsection (c).
(D) In the case of 2022 and subsequent model
year heavy-duty hybrid vehicles greater than 14,000 pound GVWR, or 2022 and
subsequent model year incomplete hybrid vehicles from 10,001 to 14,000 pounds
GVWR, which are equipped with 2022 and subsequent model year hybrid powertrains
optionally certified pursuant to
13 CCR
§
1956.8, and the 2022 and subsequent
model year hybrid powertrains used in such vehicles, any warranted part that is
scheduled for replacement as required maintenance in the written instructions
required by subsection (e) shall be replaced by the owner as scheduled
according to section
2040, title 13, CCR. However, if
the repaired or replaced part fails before a scheduled replacement during the
applicable warranty period, the part shall be repaired or replaced by the
vehicle or engine manufacturer according to subsection (4) below. Any such part
repaired or replaced under warranty shall be warranted for the remaining
warranty period defined in subsection (c). The applicable warranty period for
the hybrid vehicles and hybrid powertrains shall be determined as specified in
subsection (c)(10) of this section.
(4) Repair or replacement of any warranted
part under the warranty provisions of this article shall be performed at no
charge to the vehicle, engine, or trailer owner, at a warranty station, except
in the case of an emergency when a warranted part or a warranty station is not
reasonably available to the vehicle, engine, or trailer owner. In an emergency,
repairs may be performed at any available service establishment, or by the
owner, using any replacement part. The manufacturer shall reimburse the owner
for his or her expenses including diagnostic charges for such emergency repair
or replacement, not to exceed the manufacturer's suggested retail price for all
warranted parts replaced and labor charges based on the manufacturer's
recommended time allowance for the warranty repair and the geographically
appropriate hourly labor rate. Heavy-duty vehicle, engine, and trailer
manufacturers shall establish reasonable emergency repair procedures which may
differ from those specified in this subsection. A vehicle, engine, or trailer
owner may reasonably be required to keep receipts and failed parts in order to
receive compensation for warranted repairs reimbursable due to an emergency,
provided the manufacturer's written instructions advise the owner of his
obligation.
(5) Notwithstanding the
provisions of subsection (4), warranty services or repairs shall be provided at
all of a manufacturer's dealership which are franchised to service the subject
vehicles, engines, or trailers.
(6)
The vehicle, engine, or trailer owner shall not be charged for diagnostic labor
which leads to the determination that a warranted part is in fact defective,
provided that such diagnostic work is performed at a warranty
station.
(7) The vehicle, engine,
or trailer manufacturer shall be liable for damages to other vehicle components
proximately caused by a failure under warranty any warranted part.
(8) Throughout the vehicle's, engine's, or
trailer's warranty period defined in subsection (b), the vehicle, engine, or
trailer manufacturer shall maintain a supply of warranted parts sufficient to
meet the expected demand for such parts. The lack of availability of such parts
or the incompleteness of repairs within a reasonable time period, not to exceed
30 days from the time the vehicle, engine, or trailer is initially p resented
to the warranty station for repair, shall constitute an emergency for purposes
of subsection (4).
(9) Any
replacement part may be used in the performance of any maintenance or repairs.
Any replacement part designated by a manufacturer may be used in warranty
repairs provided without charge to the vehicle or trailer owner. Such use shall
not reduce the warranty obligations of the vehicle, engine, or trailer
manufacturer, except that the vehicle, engine, or trailer manufacturer shall
not be liable under this article for repair or replacement of any replacement
part which is not a warranted part (except as provided under subsection
(7)).
(10) Any add-on or modified
part exempted by the Air Resources Board from the prohibitions of Vehicle Code
section 27156 may be used on a vehicle, engine, or trailer. Such use, in and of
itself, shall not be grounds for disallowing a warranty claim made in
accordance with this article. The vehicle, engine, or trailer manufacturer
shall not be liable under this article to warrant failures of warranted parts
caused by the use of an add-on or modified part.
(11) The Executive Officer may request and,
in such case, the vehicle, engine, or trailer manufacturer shall provide, any
documents which describe that manufacturer's warranty procedures or
policies.
(e) Commencing
with 1980 models sold on or after September 1, 1979, each manufacturer shall
furnish with each new vehicle or engine written instructions for the
maintenance and use of the vehicle or engine by the owner, which instructions
shall be consistent with this article and applicable regulations in article 2
of this subchapter.
(f)
(1) Commencing with 1980 models sold on or
after September 1, 1979, each manufacturer shall furnish with each new vehicle
or engine a list of the warranted parts installed on that vehicle or engine.
The list shall include those parts included on the Air Resources Board
"Emissions Warranty Parts List," dated December 14, 1978, as amended on
February 22, 1985, and incorporated herein by reference.
(A) In the case of heavy-duty vehicles
certified to the GHG emission standards of section
95663, title 17, each manufacturer
shall furnish with each new vehicle or engine a list of the warranted parts
which includes any part specified in
40 CFR
1037.120, as amended October 25, 2016,
incorporated by reference in section
2035(c)(2)(C).
(B) In the case of 2022 through 2027 model
year diesel-powered heavy-duty vehicles greater than 14,000 pounds GVWR which
are equipped with 2022 through 2026 model year heavy-duty diesel engines
certified on only diesel fuel, and the 2022 through 2026 model year heavy-duty
diesel engines certified on only diesel fuel used in such vehicles, each
manufacturer shall furnish a list that includes any emission-related part that
can cause the vehicle's on-board diagnostic malfunction indicator light to
illuminate.
(C) In the case of 2027
and subsequent model year heavy-duty vehicles greater than 14,000 pounds GVWR
that are equipped with 2027 and subsequent model year heavy-duty engines, and
the 2027 and subsequent model year heavy-duty engines used in such vehicles,
each manufacturer shall furnish a list that includes any emission-related part
that can cause the vehicle's on-board diagnostic malfunction indicator light to
illuminate.
(D) In the case of 2022
and subsequent model year heavy-duty hybrid vehicles greater than 14,000 pound
GVWR, or 2022 and subsequent model year incomplete hybrid vehicles from 10,001
to 14,000 pounds GVWR, which are equipped with 2022 and subsequent model year
hybrid powertrains optionally certified pursuant to title 13, CCR, §
1956.8, and the 2022 and
subsequent model year hybrid powertrains used in such vehicles, each
manufacturer shall furnish a list that includes any emission-related part that
can cause the vehicle's on-board diagnostic malfunction indicator light to
illuminate.
(E) In the case of
trailers certified to the GHG emission standards of section
95663(c), title
17, CCR, each manufacturer shall furnish with each new trailer a list of the
warranted parts which includes any part specified in
40 CFR
1037.120, as amended October 25, 2016, which
is incorporated by reference herein.
(g) Except for 1980 and 1981 model
motorcycles, each manufacturer shall submit the documents required by sections
(e) and (f), with the manufacturer's preliminary application for new vehicle,
engine, or trailer certification for approval by the Executive Officer. The
Executive Officer may reject or require modification of the manufacturer's list
of warranted parts to ensure that each such list is of proper scope and also
may reject or require modification of any of the documents required by
subsection (e). Approval by the Executive Officer of the documents required by
subsections (e) and (f), shall be a condition of certification. The Executive
Officer shall approve or disapprove the documents required by subsections (e)
and (f), 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.
(h) Notwithstanding subsection (f), the
Executive Officer may delete any part from a manufacturer's list of warranted
parts provided in the manufacturer demonstrates to the Executive Officer's
satisfaction that:
(1) Failure of such part
will not increase the emissions of any vehicle, engine, or trailer on which it
is installed, and
(2) Any
deterioration of driveability or performance which results from failure of the
part could not be corrected by adjustments or modifications to other vehicle or
trailer components.
(i)
Vehicle Inspection Program.
This subsection shall apply to passenger cars, light-duty
trucks, medium-duty and heavy-duty vehicles and motorcycles required to be
inspected pursuant to any California statutorily authorized motor vehicle
emissions inspection and maintenance program. The provisions of this section
shall be contained in the warranty statement required pursuant to section
2039.
(1) The owner of a vehicle which fails the
inspection during its warranty period may choose to have the vehicle repaired
at a warranty station.
(A) If the warranty
station identifies that the inspection failure was caused by the failure or
malfunction of a warranted part, than the vehicle manufacturer shall be liable
for expenses involved in detecting and correcting the part failure or
malfunction, unless the warranty station demonstrates that the part failure or
malfunction was caused by abuse, neglect, or improper maintenance as specified
in subsection (j)(1), or was caused by an adjustment not covered by warranty as
specified in subsection (j)(2).
(B)
If the warranty station demonstrates that the inspection failure was caused by
one or more conditions executed from warranty coverage pursuant to subsection
(j), the vehicle owner shall be liable for all diagnostic and repair expenses.
Such expenses shall not exceed the maximum repair costs permissible under the
inspection program.
(C) If the
warranty station identifies that the inspection failure was caused by one or
more defects covered under warranty pursuant to these regulations and in
combination with one or more conditions excluded from warranty coverage
pursuant to subsection (j), than the vehicle owner shall not be charged for the
diagnostic and repair costs related to detecting and repairing the warrantable
defects.
(2) In the
alternative, the owner of a vehicle which fails an inspection may choose to
have the vehicle repaired at other than a warranty station. If a warrantable
defect is found, the vehicle owner may deliver the vehicle to a warranty
station and have the defect corrected free of charge. The vehicle manufacturer
shall not be liable for any expenses incurred at a service establishment not
authorized to perform warranty repairs, except in the case of an emergency as
specified in subsection (d)(4). If the vehicle owner chooses to have the
warrantable defect repaired at other than a warranty station, the upper cost
limit pursuant to Health and Safety Code section 44017 shall not apply to the
repair.
(j) Exclusions.
(1) The repair or replacement of any
warranted part otherwise eligible for warranty coverage under subsection (d) or
(i), shall be excluded for such warranty coverage if the vehicle, engine, or
trailer manufacturer demonstrates that the vehicle, engine, or trailer has been
abused, neglected, or improperly maintained, and that such abuse, neglect, or
improper maintenance was the direct cause of the need for the repair or
replacement of the part.
(2) The
following adjustments to warranted parts are excluded from warranty coverage
under subsection (d) or (i); the idle air/fuel mixture ratio (for 1979 model
passenger cars, and 1979 and 1980 model light-duty trucks and medium-duty
vehicles), curb or high idle speed, ignition timing, valve lash, injection
timing for diesel-powered vehicles, or any combination thereof.
(3) Except as provided in subsection (1)
above, any adjustment of a component which as a factory installed, and properly
operating, adjustment limiting device (such as an idle limiter cap) is eligible
for warranty coverage under subsection (d) or (i).
1. New
section filed 1-16-79; effective thirtieth day thereafter (Register 79, No.
3).
2. Amendment of subsection (c) filed 12-27-83; effective
thirtieth day thereafter (Register 83, No. 53).
3. Amendment of
subsection (c) filed 3-26-85; effective thirtieth day thereafter (Register 85,
No. 13).
4. Amendment filed 11-26-90; operative 12-26-90 (Register
91, No. 3).
5. Amendment of subsections (c)(4) and (c)(7) and new
subsection (c)(8) filed 4-15-99; operative 5-15-99 (Register 99, No.
16).
6. New subsections (c)(4.1)-(4.2) and (c)(8.1) and amendment of
NOTE filed 12-5-2014; operative 12-5-2014 pursuant to Government Code section
11343.4(b)(3) (Register 2014, No. 49).
7. Editorial correction of
HISTORY 6 (Register 2014, No. 50).
8. Amendment of subsections
(c)(4)-(c)(4.2) and (c)(8)-(c)(8.1) and new subsection (c)(9) filed 2-7-2019;
operative 4-1-2019 (Register 2019, No. 6).
9. Amendment of
subsection (b)(2), redesignation and amendment of former subsection (c)(4) as
new subsection (c)(4)(A), new subsections (c)(4)(B)-(c)(4)(B)2., redesignation
of former subsections (d)(2) and (d)(3) as new subsections (d)(2)(A) and
(d)(3)(A), new subsections (d)(2)(B) and (d)(3)(B), redesignation of former
subsection (f) as new subsection (f)(1) and new subsections (f)(1)(A)-(B) filed
6-12-2019; operative 10-1-2019 (Register 2019, No. 24).
10.
Amendment of section heading and section filed 12-22-2021; operative 4-1-2022
(Register 2021, No. 52). Transmission deadline specified in Government Code
section 11346.4(b) extended 60 calendar days pursuant to Executive Order
N-40-20. Filing deadline specified in Government Code section 11349.3(a)
extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
60 calendar days pursuant to Executive Order
N-71-20.
Note: Authority cited: Sections 38501, 38505, 38510,
38560, 39600 and 39601, Health and Safety Code. Reference: Sections 38501,
38505, 38510, 38560, 43106, 43204, 43205.5, 44004, 44010, 44011, 44012, 44015
and 44017, Health and Safety Code.
