Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) A manufacturer shall submit a recall or
corrective action plan to the Chief, Emissions Certification and Compliance
Division, 4001 Iowa Ave, Riverside, CA 92507, no more than 90 days after the
corrective action threshold specified in section
2143 has been exceeded.
(b) A recall or corrective action plan must
contain the following elements:
(1) A
description of each class or category of vehicles or engines to be recalled or
subject to corrective action, including the engine family, test group, or
sub-group thereof, model year, make, model, and such other information as may
be required to identify the vehicles or engines to be recalled or subjected to
corrective action.
(2) A
description of the nonconformity and the specific modifications, alterations,
repairs, corrections, adjustments or other changes to be made to bring the
vehicles or engines into conformity with the requirements of this article
including a brief summary of the data and technical studies that support the
manufacturer's decision regarding the specific corrections to be
made.
(3) A description of the
method by which the manufacturer will determine the names and addresses of
vehicle or engine owners and the method by which they will be
notified.
(4) A description of the
procedure to be followed by vehicle or engine owners to obtain correction of
the nonconformity including the date on or after which the owner can have the
nonconformity remedied, the time reasonably necessary to perform the labor
required to correct the nonconformity, and the designation of facilities at
which the nonconformity can be remedied. The repair shall be completed within a
reasonable time designated by the Executive Officer from the date the owner
delivers the vehicle or engine for repair. This requirement becomes applicable
on the date designated by the manufacturer as the date on or after which the
owner can have the nonconformity remedied.
(5) If some or all of the nonconforming
vehicles or engines are to be remedied by persons other than dealers or
authorized warranty agents of the manufacturer, a description of such class of
persons and a statement indicating that the participating members of the class
will be properly equipped to perform such remedial action.
(6) A copy of the letter of notification to
be sent to vehicle or engine owners.
(7) A description of the system by which the
manufacturer will ensure that an adequate supply of parts will be available to
perform the repair under the recall or corrective action plan including the
date by which an adequate supply of parts will be available to initiate the
repair campaign, and the method to be used to assure the supply remains both
adequate and responsive to owner demand.
(8) A copy of all necessary instructions to
be sent to those persons who are to perform the repair under the recall or
corrective action plan.
(9) Any
other information, reports, or data that the Executive Officer may reasonably
determine to be necessary to evaluate the recall plan or other corrective
action including, but not limited to, a description of the impact of the
proposed repairs or adjustments on fuel economy, drivability, performance, and
safety of each class or category of vehicles or engines to be recalled and a
brief summary of the data, technical studies, or engineering evaluations that
support these descriptions.
1. New
section 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, 39500, 39600, 39601,
43000.5, 43013, 43018, 43204, 43205.5 and 43214, Health and Safety Code. Engine
Mfrs Assn v. California Air Resources Board, (2014) 231 Cal. App.4th 1022.
Reference: Sections 43000, 43100, 43101, 43102, 43106, 43107 and 43806, Health
and Safety Code.
