California Code of Regulations
Title 13 - Motor Vehicles
Division 3 - Air Resources Board
Chapter 2 - Enforcement of Vehicle Emission Standards and Surveillance Testing
Article 2.2 - Procedures for in-Use Vehicle Ordered Recalls
Section 2123 - Initiation and Notification of Ordered Emission-Related Recalls
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) A manufacturer shall be notified whenever the Executive Officer has determined, based on warranty information reports, field information reports, enforcement testing results, or any other information, that a substantial number of a class or category of vehicles, engines, or trailers produced by that manufacturer, although properly maintained and used, contain a failure in an emission-related component which, if uncorrected, may result in the vehicles', engines', or trailers' failure to meet applicable standards over their useful lives; or whenever a class or category of vehicles, engines, or trailers within their useful lives, on average, do not conform to the standards prescribed pursuant to Section 43101 of the Health and Safety Code as applicable to the model year of such vehicles or trailers.
(b) It shall be presumed for purposes of this section that an emission-related failure will result in the exceedance of emission standards unless the manufacturer presents evidence in accordance with the procedures set forth in title 13, California Code of Regulations, section 2147 which demonstrates to the satisfaction of the Executive Officer that the failure will not result in exceedance of emission standards over the useful life of the vehicle, engine, or trailer.
(c) The notification shall include a description of each class or category of vehicles, engines, or trailers encompassed by the determination of nonconformity, shall set forth the factual basis for the determination and shall designate a date at least 45 days from the date of receipt of such notification by which the manufacturer shall submit a plan to remedy the nonconformity.
1.
Renumbering and amendment of text previously incorporated by reference in
Section 2113 to Section 2123 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 and 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 38501, 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.
