California Code of Regulations
Title 13 - Motor Vehicles
Division 3 - Air Resources Board
Chapter 15 - Additional Off-Road Vehicles and Engines Pollution Control Requirements
Article 1 - Evaporative Emission Requirements for off-Road Equipment
Section 2762 - Voluntary Emission Recall Program

Universal Citation: 13 CA Code of Regs 2762

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) When any Holder initiates a voluntary emissions recall program involving 25 or more evaporative emission control systems, the Holder must submit a report describing the Holder's voluntary emissions recall plan as prescribed by this section within 15 working days of the date owner notification began. The report must contain the following:

(1) A description of each evaporative family recalled including the number of evaporative emission control systems to be recalled, the model year, the make, the model, and such other information as may be required to identify the units recalled;

(2) A description of the specific modifications, alterations, repairs, corrections, adjustments, or other changes to be made to correct the evaporative emission control systems affected by the emission-related defect;

(3) A description of the method by which the Holder will notify evaporative emission control system owners and, if applicable, the method by which the Holder will determine the names and addresses of evaporative emission control system owners;

(4) A description of the proper maintenance or use, if any, upon which the Holder conditions eligibility for repair under the recall plan, an explanation of the Holder's reasons for imposing any such conditions, and a description of the proof to be required of an evaporative emission control system owner to demonstrate compliance with any such conditions;

(5) A description of the procedure to be followed by evaporative emission control system owners to obtain correction of the nonconformity. This may include designation of the date on or after which the owner can have the nonconformity remedied, the time reasonably necessary to perform the labor to remedy the defect, and the designation of facilities at which the defect can be remedied;

(6) A description of the class of persons other than dealers and authorized warranty agents of the Holder who will remedy the defect;

(7) When applicable, three copies of any letters of notification to be sent engine owners;

(8) A description of the system by which the Holder will assure that an adequate supply of parts is available to perform the repair under the plan, and that the supply remains both adequate and responsive to owner demand;

(9) Three copies of all necessary instructions to be sent to those persons who are to perform the repair under the recall plan;

(10) A description of the impact of the proposed changes on fuel consumption, performance, evaporative emissions, and safety of each evaporative family to be recalled;

(11) A sample of any label to be applied to evaporative emission control systems that participated in the voluntary recall campaign.

(b) The Holder must submit at least one report on the progress of the recall campaign. Such report must be submitted no later than 18 months from the date notification was begun and include the following information:

(1) The methods used to notify evaporative emission control system owners, dealers and other individuals involved in the recall campaign;

(2) The number of evaporative emission control systems to be affected by the emission-related defect and an explanation of the means by which this number was determined;

(3) The number of evaporative emission control systems actually receiving repair under the plan; and

(4) The number of evaporative emission control systems determined to be ineligible for remedial action due to a failure to properly maintain or use such evaporative emission control systems.

(c) Unless otherwise directed by the Executive Officer, the Holder shall send the defect report, voluntary recall plan, and the voluntary recall progress report to: Chief, Emissions Certification and Compliance Division, California Air Resources Board, 4001 Iowa Street, Riverside, CA 92507.

(d) The Holder shall retain the information gathered by the Holder to compile the reports for not less than five years from the date of the end of the model year in which the defect occurred. The Holder must make this information available to duly authorized officials of the CARB upon request.

(e) The filing of any report under the provisions of this section does not affect a Holder's responsibility to file reports or applications, obtain approval, or give notice under any provision of law.

(f) The act of filing an emission defect information report is inconclusive as to the existence of a defect subject to the warranty provided by section 2764 of this Article.

(g) A Holder may include on each page of its emission defect information report a disclaimer stating that the filing of a report pursuant to these regulations is not conclusive as to the applicability of the warranty provided by section 2764 of this Article.

1. New section filed 9-20-2004; operative 10-20-2004 (Register 2004, No. 39).
2. Amendment filed 11-13-2017; operative 1-1-2018 (Register 2017, No. 46).
3. Amendment of subsections (c)-(d) filed 9-14-2022; operative 1-1-2023 (Register 2022, No. 37).

Note: Authority cited: Sections 39600, 39601 and 43013, Health and Safety Code. Reference: Section 43013, Health and Safety Code.

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