Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
Applicability.
This section shall apply to 1990 and subsequent model
passenger cars, light-duty trucks, medium-duty vehicles, and motor vehicle
engines used in such vehicles. This section shall apply to medium-duty vehicles
certified to the GHG emission standards of section
95663, title 17, for GHG emission
control components, as set forth in
40 CFR
1037.120, as amended October 25, 2016,
incorporated by reference herein. The warranty period shall begin on the date
the vehicle is delivered to an ultimate purchaser, or if the vehicle 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 or motor vehicle
engine shall warrant to the ultimate purchaser and each subsequent purchaser
that the vehicle or engine is:
(1)
Designed, built, and equipped so as to conform 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
(2) Free from defects in materials and
workmanship which cause the failure of a warranted part to be identical in all
material respects to the part as described in the vehicle or engine
manufacturer's application for certification, including any defect in materials
or workmanship which would cause the vehicle's on-board diagnostic malfunction
indicator light to illuminate, for a period of three years or 50,000 miles,
whichever first occurs; and
(2.1) For GHG
emission control components in Phase 2 medium-duty vehicles (2021 and
subsequent model years) certified to the GHG emission standards of section
95663, title 17, free from defects
in materials and workmanship which cause the failure of a warranted part to be
identical in all material respects to the part as described in the vehicle or
engine manufacturer's application for certification, for a period of five years
or 50,000 miles (except tires), whichever first occurs, and for tires only, a
period of two years or 24,000 miles, whichever first
occurs.
(3) Free from
defects in materials and workmanship which cause the failure of a warranted
part described in section (c) below for seven years or 70,000 miles, whichever
first occurs. The requirements of this subsection (3) shall not apply to GHG
emission control components in Phase 2 medium-duty vehicles certified to the
GHG emission standards of section
95663, title
17.
(c)
"High-Priced" Warranted Parts.
(1) Each manufacturer shall identify in its
application for certification the "high-priced" warranted parts which are:
(A) For 1990 through 2007 model year
vehicles: [i] included on the Board's "Emissions Warranty Parts List" as last
amended February 22, 1985, incorporated herein by reference, and; [ii] have an
individual replacement cost at the time of certification exceeding the cost
limit defined in section (c)(3);
(B) For 2008 and subsequent model year
vehicles: [i] subject to coverage as a warranted part in section (b)(2) above,
and; [ii] have an individual replacement cost at the time of certification
exceeding the cost limit defined in section (c)(3).
(2) The replacement cost shall be the retail
cost to a vehicle owner and include the cost of the part, labor, and standard
diagnosis. The costs shall be those of the highest-cost metropolitan area of
California.
(3) The cost limit
shall be calculated using the following equation:
Cost limitn= $300 x
(CPIn-2 / 118.3) where:
Cost limitn is the cost limit for
the applicable model year of the vehicle rounded to the nearest ten
dollars.
n is the model year of the new vehicles.
n-2 is the calendar year two years prior to the model year
of the new vehicles.
CPI is the annual average nationwide urban consumer price
index published by the United States Bureau of Labor
Statistics.
(4) The cost
limit shall be revised annually by the Executive Officer. The highest-cost
metropolitan area in California shall be identified by the Executive Officer
for use in this section. If a manufacturer seeks certification of a vehicle
before the applicable annual average CPI is available, the cost limit shall be
calculated using the average of the monthly nationwide urban CPI figures for
the most recent twelve month period for which figures have been published by
the United States Bureau of Labor Statistics.
(5) Each manufacturer shall submit to the
Executive Officer the documentation used to identify the "high-priced"
warranted parts required in this section. The documentation shall include the
estimated retail parts costs, labor rates in dollars per hour, and the labor
hours necessary to diagnose and replace the parts. The documentation is not
required for vehicles certified before January 24, 1991.
(6) The Executive Officer may reject or
require modification of the manufacturer's list of "high-priced" warranted
parts to ensure that such list includes all emission-related parts whose
replacement cost exceeds the cost limit defined in section
(c)(3)
(d) Subject to the
conditions and exclusions of section (i), the warranty on emission-related
parts shall be interpreted as follows:
(1) Any
warranted part which is not scheduled for replacement as required maintenance
in the written instructions required by section (e) shall be warranted for the
applicable warranty period defined in section (b)(2) or (3). If any such part
fails during the period of warranty coverage, it shall be repaired or replaced
by the vehicle or engine manufacturer according to section (d)(4) below. Any
such part repaired or replaced under the warranty shall be warranted for the
remaining warranty period.
(2) Any
warranted part which is scheduled only for regular inspection in the written
instructions required by section (e) shall be warranted for the applicable
warranty period defined in section (b)(2) or (3). 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 required or replaced under
warranty shall be warranted for the remaining warranty period.
(3) Any warranted part which is scheduled for
replacement as required maintenance in the written instructions required by
section (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 prior to the first scheduled replacement, the part shall be
repaired or replaced by the vehicle or engine manufacturer according to section
(d)(4) below. Any such part required or replaced under warranty shall be
warranted for the remainder of the period prior to the first scheduled
replacement point for the part.
(4)
Repair or replacement of any warranted part under the warranty provisions of
this article shall be performed at no charge to the vehicle or engine 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 or engine 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. A vehicle or engine 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 required by section (e) advise the
owner of this obligation.
(5)
Notwithstanding the provisions of subsection (d)(4) above, warranty services or
repairs shall be provided at all of a manufacturer's dealerships which are
franchised to service the subject vehicles or engines.
(6) The vehicle or engine owner shall not be
charged for diagnostic labor which leads to the determination that a warranted
part is defective, provided that such diagnostic work is performed at a
warranty station.
(7) The vehicle
or engine manufacturer shall be liable for damages to other vehicle components
proximately caused by a failure under warranty of any warranted part.
(8) Throughout the vehicle or engine's
warranty period defined in section (b)(2) and (b)(3), the vehicle or engine
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 or engine is initially presented to the warranty
station for repair, shall constitute an emergency for purposes of section
(d)(4) above.
(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 owner. Such use shall not reduce the
warranty obligations of the vehicle or engine manufacturer, except that the
vehicle or engine 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 section (d)(7) above).
(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 or engine. Such use, in and of itself, shall not be
grounds for disallowing a warranty claim made in accordance with this article.
The vehicle or engine manufacturer shall not be liable under this article to
warrant failures of warranted parts caused by the use of such an add-on or
modified part.
(11) The Executive
Officer may request and, in such case, the vehicle or engine manufacture shall
provide, any documents which describe the manufacturer's warranty procedures or
policies.
(e) 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,
and the instructions shall be consistent with this article and applicable
regulations in article 2 of this subchapter.
(f) Each manufacturer shall furnish with each
new vehicle or engine a list of the "high-priced" warranted parts established
by section (c).
(g) Prior to the
2001 model year, each manufacturer shall submit the documents required by
sections (c)(5), (e), and (f) with the manufacturer's preliminary application
for new vehicle or engine certification for approval by the Executive Officer.
For 2001 and subsequent model years, each manufacturer shall submit the
documents required by section (c)(5), (e), and (f) with the Part 2 Application
for Certification pursuant to the "California 2001 through 2014 Model Criteria
Pollutant Exhaust Emission Standards and Test Procedures and 2009 through 2016
Model Greenhouse Gas Exhaust Emission Standards and Test Procedures for
Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles," incorporated by
reference in title 13, CCR section
1961(d), the
"California 2015 through 2025 Model Year Criteria Pollutant Exhaust Emission
Standards and Test Procedures and 2017 and Subsequent Model Year Greenhouse Gas
Exhaust Emission Standards and Test Procedures for Passenger Cars, Light-Duty
Trucks, and Medium-Duty Vehicles," incorporated by reference in title 13, CCR
section 1961.2(d), or the
"California 2026 and Subsequent Model Year Criteria Pollutant Exhaust Emission
Standards and Test Procedures for Passenger Cars, Light-Duty Trucks, and Medium
Duty Vehicles," incorporated by reference in title 13, CCR section
1961.4(c)(1), as
applicable. The Executive Officer may reject or require modification of any of
the documents required by sections (c), (e), and (f) for, among other reasons,
incompleteness and lack of clarity. Approval by the Executive Officer of the
documents required by sections (c), (e), and (f) shall be a condition of
certification. The Executive Officer shall approve or disapprove the documents
required by sections (c), (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 thereof. In the event of disapproval,
the manufacturer may petition the Board to review the decision of the Executive
Officer.
(h)
Vehicle
Inspection Program.
(1) This section
applies to 1990 and subsequent model passenger cars, light-duty trucks, and
medium-duty vehicles which fail to pass a smog check inspection pursuant to
Health and Safety Code section 44012 after the warranty period of three years
or 50,000 miles, whichever occurs first, has expired, but before the warranty
period of seven years or 70,000 miles, whichever occurs first, has expired. The
provisions of this section shall be contained in the warranty statement
required pursuant to title 13, CCR section
2039.
(2) The owner of a vehicle which fails an
inspection during the period described in section (h)(1) 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 "high-priced" part defined in section (c), then
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 section (i).
(B) If the warranty station demonstrates that
the inspection failure was caused by one or more conditions excluded from
warranty coverage pursuant to section (i), 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 determines 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 section (i), then the vehicle owner
shall not be charged for the diagnostic and repair costs related to detecting
and repairing the warrantable defects.
(3) In the alternative, the owner of a
vehicle which fails the 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 defined in section (d)(4). If
the vehicle owner chooses to have a 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.
(i)
Exclusions.
The repair or replacement of any warranted part otherwise
eligible for warranty coverage under sections (d) and (h) shall be excluded
from such warranty coverage if the vehicle or engine manufacturer demonstrates
that the vehicle or engine 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.
1. New
section filed 1-16-79; effective thirtieth day thereafter (Register 79, No.
3).
2. Amendment filed 11-26-90; operative 12-26-90 (Register 91,
No. 3).
3. Amendment of section heading, subsection (g) and NOTE
filed 10-28-99; operative 11-27-99 (Register 99, No. 44).
4.
Amendment filed 11-9-2007; operative 11-9-2007 pursuant to Government Code
section 11343.4 (Register 2007, No. 45).
5. Amendment of subsection
(g) filed 8-7-2012; operative 8-7-2012 pursuant to Government Code section
11343.4 (Register 2012, No. 32).
6. Amendment of subsection (a) 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
subsection (a), new subsection (b)(2.1) and amendment of subsection (b)(3)
filed 2-7-2019; operative 4-1-2019 (Register 2019, No. 6).
9.
Amendment of subsection (g) filed 11-30-2022; operative 11-30-2022 pursuant to
Government Code section 11343.4(b)(3) (Register 2022, No. 48).
Note: Authority cited: Sections 38501, 38505, 38510,
38560, 39600 and 39601, Health and Safety Code. Reference: Sections 38501,
38505, 38510, 38560, 43106, 43204, 43205, 44004, 44010, 44011, 44012, 44015 and
44017, Health and Safety Code.
