California Code of Regulations
Title 13 - Motor Vehicles
Division 3 - Air Resources Board
Chapter 3.7 - Heavy-Duty Vehicle Inspection and Maintenance Program
Section 2196.8 - Parts Unavailability Compliance Time Extension

Universal Citation: 13 CA Code of Regs 2196.8

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

(a) A vehicle owner may make a request to the Executive Officer for a vehicle compliance time extension through the referee if parts to bring a vehicle back into compliance are not available to complete the needed repairs.

(b) Upon making a compliance time extension request, the vehicle owner shall provide the documentation specified in section 2197.2(i) to demonstrate that a good-faith effort has been made to bring the vehicle into compliance.

(c) The referee shall verify the following owner and vehicle requirements and make a recommendation to the Executive Officer on the issuance of the compliance time extension:

(1) The vehicle's emissions control systems have not been tampered.

(2) The vehicle has no outstanding emissions or OBD-related recalls.

(3) The vehicle owner has no unresolved citations.

(4) The vehicle owner has made a good-faith effort seeking timely repair for the vehicle as evidenced with proof of an effort to contact at least one repair facility as specified in section 2197.2(i) after the noncompliance issue was first identified.

(5) Vehicle parts are not available to bring the vehicle back to a compliant state.

(d) Following a recommendation made by the referee, the Executive Officer may grant a compliance time extension to an owner of an eligible vehicle. The Executive Officer shall base their decision on whether the documentation provided by the vehicle owner in subsection (b) and the referee recommendation in subsection (c) demonstrate that the owner has made a good-faith effort to bring the vehicle into compliance and the vehicle parts remain unavailable to do so. Upon approval of a compliance time extension request, the Executive Officer shall allow operation of the vehicle up to the vehicle's next compliance deadline and issue the vehicle owner a provisional HD I/M compliance certificate for the eligible vehicle.

1. New section filed 10-5-2022; operative 1-1-2023 (Register 2022, No. 40).

Note: Authority cited: Sections 39002, 39003, 39600, 39601, 43000, 43013, 43018, 43701, 44011.6 and 44152, Health and Safety Code; and Section 27153, Vehicle Code. Reference: Section 44152, Health and Safety Code.

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