California Code of Regulations
Title 13 - Motor Vehicles
Division 3 - Air Resources Board
Chapter 2 - Enforcement of Vehicle Emission Standards and Surveillance Testing
Article 2.4 - Procedures for Reporting Failures of Emission-Related Components
Section 2141 - General Provisions

Universal Citation: 13 CA Code of Regs 2141

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

(a) The provisions regarding applicability of the failure reporting procedures and the definitions shall be the same as those set forth in title 13, California Code of Regulations, sections 2111 and 2112, except that this section 2141 does not apply to off-road compression-ignition engines, as defined in section 2421.

(b) The requirement to file emission warranty information reports and field information reports for a given class or category of vehicles, engines, or trailers shall be applicable for the warranty period but not to exceed the useful-life period of the vehicles, engines, or trailers beginning with the 1990 model-year vehicles or engines and beginning 2020 model-year trailers.

(c) The requirement to file an emissions information report for a given class or category of vehicles, engines, or trailers shall be applicable for the useful-life period of the vehicles, engines, or trailers.

(d) In the case of motor vehicles or engines for which certification of the exhaust and evaporative emission control systems is granted to different manufacturers, the information reporting responsibility in subsections (b) and (c) above shall be assigned to the certifying manufacturer.

(e) For purposes of enforcing or administering any requirement pursuant to this Division 3, Chapter 2, the Executive Officer or an ARB employee or agent upon presentation of credentials, has the right of entry to any premises owned, operated, used, leased, or rented by a person to repair or service any heavy-duty engine, heavy-duty vehicle, or trailer for which California emissions standards have been adopted and which is situated on the premises for purpose of emission-related maintenance, repair or service. The right-to-entry includes, but is not limited to, verification of manufacturer's warranty reporting and claims through inspecting repair records, records that relate to vehicular, engine, or trailer emissions, vehicles, engines, and trailers, and may require the on-premises securing of samples of emissions from a vehicle, engine, or trailer at any repair facility.

(f) In the case of 2024 and subsequent model year California-certified heavy-duty diesel and Otto-cycle engines, and heavy-duty vehicles,

(1) If a manufacturer files a "Field Information Report" pursuant to title 13, California Code of Regulations, section 2145, it must retain the information that it obtained and relied upon when analyzing the failure and determined the probable cause of the failure of the component(s) during the time period corresponding to the time component of the useful life period of the engine family or test group. For instance, if a turbocharger failed in an engine family with a useful life of 15 years or 150,000 miles, whichever first occurs, the manufacturer must retain the above specified information during the 15 years. The Executive Officer shall reserve the right to require manufacturers to submit the information to the Executive Officer during the time period corresponding to the time component of the useful life period of the engine family or test group. If the information used to determine the valid failure rate is not retained or is unable to be provided to the Executive Officer upon request, the parts shall be considered failures.

(2) Upon the Executive Officer's request, manufacturers must provide information indicating, for a given emission-related component, how many warranty repairs for that component were performed at each of the manufacturer's authorized repair facilities.

(3) Warranty reports must include an attestation stating that the information provided in the report is accurate and true and must be signed by an authorized manufacturer representative.

(4) A Manufacturer shall apply good engineering judgement:
(A) The manufacturer shall exercise good engineering judgment in making all decisions called for under this subpart, including, but not limited to, selections, categorizations, determinations, and applications of the requirements of the subpart.

(B) Upon written request by the Executive Officer, the manufacturer shall provide within 15 working days (or such longer period as may be allowed by the Executive Officer) a written description of the engineering judgment in question.

(C) The Executive Officer may reject any such decision by a manufacturer if it is not based on good engineering judgment or is otherwise inconsistent with the requirements of this subpart.

(D) If the Executive Officer rejects a decision by a manufacturer with respect to the exercise of good engineering judgment, the following provisions shall apply:
1. If the Executive Officer determines that incorrect information was deliberately used in the decision process, that important information was deliberately overlooked, that the decision was not made in good faith, or that the decision was not made with a rational basis, the manufacturer may be subject to penalties pursuant to, but not limited to, section 43016, Health and Safety Code, for failing to comply with this section.

2. If the Executive Officer determines that the manufacturer's decision does not meet the provisions of subsection (f)(4)(D)(1), but that a different decision would reflect a better exercise of good engineering judgment, then the Executive Officer will notify the manufacturer of this concern and the basis thereof.
a. The manufacturer shall have at least 30 days to respond to this notice. The Executive Officer may extend this response period upon request from the manufacturer if it is necessary to generate additional data for the manufacturer's response.

b. The Executive Officer shall make the final ruling after considering the information provided by the manufacturer during the response period. If the Executive Officer determines that the manufacturer's decision was not made using good engineering judgment, he/she may reject that decision and apply the new ruling to future corresponding decisions as soon as practicable.

(E) The Executive Officer shall notify the manufacturer in writing regarding any decision reached under subsection (f)(4)(D)(1) or (f)(4)(D)(2). The Executive Officer shall include in this notification the basis for reaching the determination.

1. New section filed 1-24-90; operative 2-23-90 (Register 90, No. 8).
2. Amendment of subsection (a) filed 12-28-2000; operative 12-28-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 52).
3. Amendment of section and NOTE filed 12-5-2007; operative 1-4-2008 (Register 2007, No. 49).
4. Amendment of subsection (a) and amendment of NOTE filed 11-8-2010; operative 12-8-2010 (Register 2010, No. 46).
5. New subsection (e) filed 2-7-2019; operative 4-1-2019 (Register 2019, No. 6).
6. 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, 39500, 39600, 39601, 43000.5, 43013, 43105, 43204, 43205.5 and 43214 Health and Safety Code. Reference: Sections 38501, 38505, 38510, 38560, 43000, 43009.5, 43018, 43101, 43104, 43105, 43106, 43107 and 43204- 43205.5, Health and Safety Code.

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