Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) For the
purposes of this article, the definitions in section
1900(b), chapter
1, title 13 of the California Code of Regulations (CCR) shall apply, except as
otherwise specified in this article. The following definitions shall also apply
to this article:
(1) "Certified engine
package" means a new engine with emission control package, intended for use
only in a SPMV with a gross vehicle weight rating (GVWR) at or below 8,500
pounds, including but not limited to a fully assembled and functioning engine,
engine and transmission controllers, emission control components, emission
control sensors and monitors, exhaust system (manifolds, connecting down pipes,
and catalysts), evaporative emissions system control components (e.g. canister,
purge control valves, etc.) and purge control logic, which has been certified
as required by this article.
(2)
"Crankcase" is the volume that encloses the crankshaft and connecting
rods.
(3) "Crankcase emissions"
means airborne substances emitted into the atmosphere from any portion of the
engine crankcase ventilation or lubrication system.
(4) "Critical Components" means any hardware
and/or electrical component necessary for the proper function of the emission
control system or the vehicle's on-board diagnostics.
(5) "Emission control system" or "ECS"
includes any component, group of components, or engine modification which
controls or causes the reduction of substances emitted from an engine or an
SPMV.
(6) "Engine identification
codes" will decipher the engine identification number.
(7) "Engine identification number" is a
series of letters and numbers stamped into the block of the engine.
(8) "Engine manufacturer" means the
manufacturer granted certification for a certified engine package.
(9) "Engine package" is a new engine with
emission control package, intended for use only in a SPMV with a gross vehicle
weight rating (GVWR) at or below 8,500 pounds, including but not limited to a
fully assembled and functioning engine, engine and transmission controllers,
emission control components, emission control sensors and monitors, exhaust
system (manifolds, connecting down pipes, and catalysts), evaporative emissions
system control components (e.g. canister, purge control valves, etc.) and purge
control logic, which is proposed for certification as required by this article
but has not yet obtained such certification.
(10) "Exhaust emissions" means airborne
substances emitted into the atmosphere from any opening downstream from the
exhaust port of an engine.
(11)
"Exhaust emission system means manifolds, connecting down pipes, oxygen sensors
and catalysts.
(12) "Light-duty
motor vehicle" refers to either a passenger car or light-duty truck.
(13) "Motor vehicle inspection and
maintenance program" means the program as set forth in sections 44000 through
44126 in Article 1 of Chapter 5, Part 5, Division 26 of the Health and Safety
Code.
(14) "Purge control logic"
means the programmed calibration software that controls the evaporative
canister purge.
(15) "Smog Check
inspection" means the program as set forth in sections 44000 through 44126 in
Article 1 of Chapter 5, Part 5, Division 26 of the Health and Safety
Code.
(16) "Specially produced
motor vehicle" or "SPMV" means a newly produced current model year passenger
car or light-duty truck, with a gross vehicle weight rating (GVWR) at or below
8,500 pounds, that meets all of the following requirements:
(A) Resembles the body of a motor vehicle, on
an overall 1:1 scale (+/-10 percent) of original body lines, excluding roof
configuration, ride height, trim attached to the body, fenders, running boards,
grille, hood or hood lines, windows, and axle location, that had been
commercially manufactured during consecutive model years, for sale not less
than 25 years after the latest model year, with a production run of at least 50
units of a unique body style, before production of the current model year motor
vehicle;
(B) Meets any applicable
National Highway Traffic and Safety Administration (NHTSA) provisions requiring
the vehicle to be manufactured under a license agreement for the intellectual
property rights for the replicated vehicle from the original manufacturer or
its current owner, successor or assignee, as determined by NHTSA;
(C) Meets any applicable NHTSA requirements
regarding vehicle safety, as determined by NHTSA;
(D) SPMVs are subject to state titling and
registration laws and regulations, including smog check and emissions
compliance, and must consider the following:
1. Subject to smog check requirements
starting with registrations first made or renewed on or after January 1,
2019.
2. A SPMV shall be treated as
a new vehicle for purposes of smog check, resale and previously registered
outside the state shall be subject to a smog check inspection upon
registration.
3. SPMV
manufacturer's name must be listed in state titling and registration
information.
(17) "SPMV manufacturer" means a low volume
motor vehicle manufacturer that produces an annual worldwide production
(including by a parent or subsidiary of the manufacturer) of not more than
5,000 motor vehicles each year, including prior years. It may construct and
sell up to 325 SPMVs in the U.S. each year, must meet all applicable NHTSA
requirements including but not limited to being registered with and filing
annual production reports with NHTSA. A SPMV manufacturer is subject to
recordkeeping and defect/noncompliance notification and remedy requirements. A
SPMV manufacturer may be subject to civil penalties for noncompliance.
(A) A SPMV manufacturer must obtain a
California Air Resources Board (CARB) Executive Order as set forth in the
"California Certification Procedures for Light-Duty Engine Packages for Use In
Light-Duty Specially-Produced Motor Vehicles for 2019 and Subsequent Model
Years," adopted June 17, 2019, to sell SPMVs in California.
(18) "SPMV owner" means the ultimate
purchaser of a new SPMV and subsequent owners.
(19) "Ultimate purchaser" means ultimate
purchaser as defined by California Health and Safety Code 39055.5.
(20) "Useful life" means 150,000 miles or 15
years for exhaust and crankcase emissions for vehicles certified to the LEV III
exhaust emission standards, or 120,000 miles or 10 years for exhaust and
crankcase emissions for vehicles certified to the LEV II exhaust emission
standards; and 150,000 miles or 15 years for evaporative emissions.
(21) "Warrantable condition" means any
condition of a certified engine package or SPMV manufacturer that triggers the
responsibility of the engine manufacturer to take corrective action pursuant to
sections 2209.6,
2209.7, or
2209.10, title 13, CCR.
(22) "Warranted part" means any part
installed on a certified engine package by the engine manufacturer or SPMV
manufacturer, or installed in a warranty repair, which affects any regulated
emissions from a certified engine package that is subject to any of the
standards prescribed in this article and the documents incorporated by
reference herein.
(23) "Warranty
period" means the period of time and mileage that the certified engine package
or part are covered by the warranty provisions.
(24) "Warranty station" means a facility
authorized by the engine manufacturer, or a repair facility agreed upon by both
the engine manufacturer and the SPMV manufacturer, to service the warranted
engine or SPMV.
(25) "Worst case
vehicle" means:
(A) For exhaust purposes, a
vehicle configuration with a vehicle test weight, vehicle road load, vehicle
frontal area, calibration, emission control system configuration and
calibration, transmission, engine displacement, and engine speed to vehicle
speed (N/V) ratio which (1) with respect to emission deterioration over the
vehicle's useful life, produces the greatest stress on the emission related
components or (2) with respect to certification testing, has the greatest
probability of exceeding any of the applicable emission standards.
(B) For evaporative emissions purposes, a
light duty vehicle which produces the highest evaporative emissions. The
following criteria shall be considered when selecting the worst case vehicle:
the canister working capacity, fuel tank vapor space, fuel tank configuration,
and purge flow.
(26)
"Zero emission SPMV" means an SPMV with no combustion engine.
(27) "ZEV" means zero emission
vehicle.
1. New
section filed 8-5-2019; operative 10-1-2019 (Register 2019, No.
32).
Note: Authority cited: Sections 39600, 39601, 43000,
43100, 43101, 43102, 43104 and 43105, Health and Safety Code. Reference:
Sections 39002, 39003, 43000, 43100, 43101, 43102, 43104, 43105, 43106 and
43205, Health and Safety Code; and Section 580, Vehicle
Code.