Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
Applicability.
This section shall apply to an SPMV manufacturer of 2019
and subsequent model year SPMVs.
(b)
Requirements.
(1) Affidavit. A SPMV manufacturer must sign
and date the affidavit provided by the engine manufacturer, as required in
section 2209.4.(l),
confirming under penalty of perjury that the certified engine package has been
installed into an SPMV per the engine manufacturer's written instructions. The
signed and dated affidavit must be submitted to the engine manufacturer and a
copy must be submitted to the ultimate purchaser.
(2) Record Keeping. The SPMV manufacturer
must maintain written and photographic records, for not less than two years, of
each vehicle built with a certified engine package. Upon the request of CARB,
SPMV manufacturer must immediately provide records documenting the proper
assembly of each SPMV.
(c)
Installation Warranty.
Each SPMV manufacturer who installs a certified engine
package for use in an SPMV shall warrant to the SPMV owner that the certified
engine package was installed per the engine manufacturer's instructions.
(1) The SPMV manufacturer shall install the
certified engine package in a configuration certified pursuant to this article,
and shall agree to indemnify the ultimate purchaser for the cost of repair of
any SPMV as a result of an improper installation of the certified engine
package or ECS.
(2) The SPMV
manufacturer shall agree to indemnify the ultimate purchaser for any penalties
that may be imposed as a result of an improper installation of the certified
engine package or ECS.
(3) The
warranties and agreements to indemnify shall be effective for 1 year or 12,000
miles, from the date of installation, whichever first occurs. This warranty
shall cover customer service and the full repair or replacement costs including
the cost of diagnosis, labor, and parts, including any part on the certified
engine package or ECS that is damaged due to the improper installation of the
certified engine package or ECS.
(d) The SPMV manufacturer shall warrant the
SPMV owner that the supplied and installed fuel tank assembly, fuel filler
neck, gas cap, fuel hoses, fuel pump, and fuel sender unit:
(1) Is designed, built, and equipped so as to
conform with all applicable regulations adopted by the CARB pursuant to its
authority in chapters 1 and 2, part 5, division 26 of the Health and Safety
Code.
(2) Is free from defects in
materials and workmanship which cause the failure of a warranted part,
including any defect in materials or workmanship which would cause the
certified engine package's on-board diagnostic malfunction indicator light to
illuminate, for a period of three years or 50,000 miles, whichever first
occurs.
(e)
"High-Priced" Warranted Parts.
(1) Each SPMV manufacturer shall identify in
its application for certification the "high-priced" warranted parts which are:
(A) Subject to coverage as a warranted part
in subsection (d)(2) above; and
(B)
Have an individual replacement cost at the time of certification exceeding the
cost limit defined in subsection (e)(3) below.
(2) The replacement cost shall be the retail
cost to the ultimate purchaser of a certified engine package and includes the
cost of the part, labor, and standard diagnosis. The costs shall be those of
the highest-cost metropolitan area of California.
(3) The cost limit shall be the same value
calculated for new light-duty vehicles according to section
2037(c).
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.
