California Code of Regulations
Title 13 - Motor Vehicles
Division 3 - Air Resources Board
Chapter 1 - Motor Vehicle Pollution Control Devices
Article 6 - Emission Control System Warranty
Section 2040 - Vehicle Owner Obligations
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The owner of any vehicle or engine warranted pursuant to this article shall be responsible for the performance of all required scheduled maintenance specified in the written instructions furnished to the owner pursuant to subsections 2036 (e), 2037(e), and 2038(c)(1). Such maintenance may be performed by the owner, at a service establishment of the owner's choosing, or by a person or persons of the owner's choosing. The owner of a heavy-duty vehicle or heavy-duty engine is not liable during the warranty periods in subsection 2036(c) for the cost of repair or replacement of a warranted part, as defined in subsection 2035(c)(2), that the manufacturer did not schedule for periodic replacement, but that was identified as defective during an inspection per the manufacturer's written instructions furnished to the owner pursuant to subsection 2036(e). Instead, per subsection 2036(d)(2), the vehicle manufacturer is responsible to pay for such repair or replacement.
(b) Except as specified in subsections 2036(j)(1), 2037(i), and 2038(c), failure of the vehicle or engine owner to ensure the performance of such scheduled maintenance or to keep maintenance records shall not, per se, be grounds for disallowing a warranty claim.
1. Section
2040 renumbered to section
2045, and new section 2040 filed
1-16-79; effective thirtieth day thereafter (Register 79, No. 3). For history
of former section, see Register 77, No. 12.
2. Amendment filed
11-26-90; operative 12-26-90 (Register 91, No. 3).
3. Amendment of
subsection (a) filed 6-12-2019; operative 10-1-2019 (Register 2019, No.
24).
Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 43106, 43204, 43205 and 43205.5, Health and Safety Code.
