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 2148 - Evaluation of Need for Recall

Universal Citation: 13 CA Code of Regs 2148

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

(a) Once the emission information report is filed, the Executive Officer shall evaluate the failure to determine whether a recall is necessary. Factors to be considered shall include, but are not limited to, the following:

(1) the validity of the data;

(2) the emission impact of the failure on individual vehicles, engines, or trailers;

(3) the possibility of induced tampering due to driveability problems resulting from the failure;

(4) the effects of the failure on performance, fuel economy, and safety;

(5) the failure rates and the timing and extent of a remedy if no recall is required; and

(6) other factors specific to the failure.

(b) Notwithstanding subsection (a) above, a recall shall not be required if the manufacturer submits information with the emissions information report which demonstrates to the satisfaction of the Executive Officer that the failure:

(1) is limited to an emission-related component on a substantial percentage of vehicles or trailers and does not represent a pervasive defect in design, application, or execution which is likely to affect a substantial number of such emission-related components during the useful life of the vehicle, engine, or trailer, and

(2) is likely to be corrected under the warranty program or other in-use maintenance procedure shortly after the inception of the problem.

(c) If a manufacturer can identify a subgroup of an engine family, test group, vehicle family, or trailer family which is subject to a failure, a recall may be limited to that subgroup with Executive Officer approval.

1. New section filed 1-24-90; operative 2-23-90 (Register 90, No. 8).
2. Amendment of subsection (c) filed 10-28-99; operative 11-27-99 (Register 99, No. 44).
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, 39500, 39600, 39601, 43000.5, 43013, 43018, 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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