California Code of Regulations
Title 13 - Motor Vehicles
Division 3 - Air Resources Board
Chapter 2 - Enforcement of Vehicle Emission Standards and Surveillance Testing
Article 2.1 - Procedures for in-Use Vehicle Voluntary and Influenced Recalls
Section 2113 - Initiation and Approval of Voluntary and Influenced Emission-Related Recalls
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) When any manufacturer initiates a voluntary emission recall campaign, the manufacturer shall notify the Executive Officer of the recall at least 30 days before owner notification is to begin. The manufacturer shall also submit a voluntary recall plan for approval, as prescribed under section 2114 of these procedures. A voluntary recall plan shall be deemed approved unless disapproved by the Executive Officer within 20 days after receipt of the recall plan.
(b) When any manufacturer, based on enforcement test results or any other information provided or required by the ARB, proposes to initiate an influenced emission recall campaign, the manufacturer shall submit for approval by the Executive Officer an influenced emission recall plan as prescribed by section 2114 of these procedures. The plan shall be submitted within 45 days following the receipt of a notification from the ARB that enforcement test results or other information demonstrate a vehicle, an engine, or a trailer noncompliance.
(c) The Executive Officer shall approve the recall plan if the plan contains the information specified in Section 2114 and is designed to notify the vehicle or trailer owner and correct the nonconformity in an expeditious manner. Notification of vehicle, engine, or trailer owners and the implementation of recall repairs shall commence no later than the schedule specified under Section 2114(a)(3) and (4), unless the manufacturer can show good cause for the Executive Officer to extend the deadline.
1. Repealer
of former Section 2113, and renumbering and amendment of text previously
incorporated by reference in Section
2112 to Section 2113 filed
1-24-90; operative 2-23-90 (Register 90, No. 8). For prior history, see
Registers 86, No. 38 and 83, No. 17.
2. Amendment of NOTE filed
1-26-95; operative 1-26-95 pursuant to Government Code section
11343.4(d)
(Register 95, No. 4). Note: Under section 209(e)(2) of the Federal Clean Air
Act (42 U.S.C. §
7543(e)(2)), California is
required to receive authorization from the Administrator of the U.S.
Environmental Protection Agency (U.S. EPA) prior to enforcing its regulations
regarding new off-road vehicles and engines. Accordingly, the Air Resources
Board will not seek to enforce the off-highway recreational vehicle regulations
until such time as it receives authorization from the U.S. EPA.
3.
Amendment of section NOTE 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 28501, 38505, 38510, 38560, 39600, 39601, 43013, 43018 and 43105, Health and Safety Code. Reference: Health and Safety Code Sections 38501, 38505, 38510, 38560, 43000, 43009.5, 43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204- 43205.5, Health and Safety Code.
