Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
Applicability.
This section shall apply to 2019 and subsequent model year
certified engine packages for use in SPMV.
(b)
General Defects Warranty
Coverage.
The engine manufacturer of each certified engine package
shall warrant to the ultimate purchaser of the SPMV and each subsequent SPMV
owner, that the certified engine package:
(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.
(3) Is free from defects in
materials and workmanship which cause the failure of a warranted part described
in subsection (c) within seven years or 70,000 miles, whichever first
occurs.
(4) The warranty period for
a certified engine package shall begin on the date an SPMV using that certified
engine package is registered for use in California or two years after the
certified engine package is purchased by the SPMV manufacturer, whichever first
occurs. However, as an alternative to beginning the warranty period on the date
an SPMV is registered for use in California or two years after the engine is
purchased by the SPMV manufacturer, a engine manufacturer may instead begin the
warranty period on the purchase date of the certified engine package and
warrant for a period of five years or 50,000 miles, which ever first occurs,
that the certified engine package 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.
(c)
"High-Priced" Warranted Parts.
(1) Each engine 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 (b)(2) above; and
(B) Have an individual replacement cost at
the time of certification exceeding the cost limit defined in subsection (c)(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).
(4) The cost limit shall be revised annually
by the Executive Officer. The highest-cost metropolitan area in California
shall be identified by the Executive Officer for use in this section. If an
engine manufacturer seeks certification of a certified engine package before
the applicable annual average CPI is available, the cost limit shall be
calculated using the average of the monthly nationwide urban CPI figures for
the most recent twelve-month period for which figures have been published by
the United States Bureau of Labor Statistics.
(5) Each engine manufacturer shall submit to
the Executive Officer the documentation used to identify the "high-priced"
warranted parts required in this section. The documentation shall include the
estimated retail parts costs, labor rates in dollars per hour, and the labor
hours necessary to diagnose and replace the parts.
(6) The Executive Officer may reject or
require modification of the engine manufacturer's list of "high-priced"
warranted parts to ensure that such list includes all emission-related parts
whose replacement cost exceeds the cost limit defined in subsection
(c)(3).
(d) Subject to
the conditions and exclusions of subsection (i), the warranty on
emission-related parts shall be interpreted as follows:
(1) Any warranted part which is not scheduled
for replacement as required maintenance in the written instructions required by
subsection (e) shall be warranted for the applicable warranty period defined in
subsection (b)(2). If any such part fails during the period of warranty
coverage, it shall be repaired or replaced by the engine manufacturer according
to subsection (d)(4) below. Any such part repaired or replaced under the
warranty shall be warranted for the remaining warranty period.
(2) Any warranted part which is scheduled
only for regular inspection for maintenance reasons as specified in the written
instructions required by subsection (e) shall be warranted for the applicable
warranty period defined in subsection (b)(2). A statement in such written
instructions to the effect of "repair or replace as necessary" shall not reduce
the period of warranty coverage. Any such part required or replaced under
warranty shall be warranted for the remaining warranty period.
(3) Any warranted part which is scheduled for
replacement as required maintenance in the written instructions required by
subsection (e) shall be warranted for the period of time or mileage, whichever
first occurs, prior to the first scheduled replacement point for that part. If
the part fails prior to the first scheduled replacement, the part shall be
repaired or replaced by the engine manufacturer according to subsection (d)(4)
below. Any such part required or replaced under warranty shall be warranted for
the remainder of the period prior to the first scheduled replacement point for
the part.
(4) Repair or replacement
of any warranted part under the warranty provisions of this article shall be
performed at no charge to the SPMV owner at a warranty station, except in the
case of an emergency when a warranted part or a warranty station is not
reasonably available to the SPMV owner. In an emergency, repairs may be
performed at any available service establishment, or by the SPMV owner, using
any replacement part. The engine manufacturer shall reimburse the SPMV owner
for his or her expenses including diagnostic charges for such emergency repair
or replacement, not to exceed the engine manufacturer's suggested retail price
for all warranted parts replaced and labor charges based on the engine
manufacturer's recommended time allowance for the warranty repair and the
geographically appropriate hourly labor rate. A SPMV owner may reasonably be
required to keep receipts and failed parts in order to receive compensation for
warranted repairs reimbursable due to an emergency, provided the engine
manufacturer's written instructions required by subsection (e) advise the SPMV
owner of this obligation.
(5)
Notwithstanding the provisions of subsection (d)(4) above, warranty services or
repairs shall be provided at all of a engine manufacturer's dealerships,
warranty stations or service providers which are franchised or under contract
to service the subject vehicles or engines.
(6) The SPMV owner shall not be charged for
diagnostic labor which leads to the determination that a warranted part is
defective, provided that such diagnostic work is performed at a warranty
station.
(7) The engine
manufacturer shall be liable for damages to other vehicle components
proximately caused by a failure under warranty of any warranted part.
(8) Throughout the certified engine's
warranty period defined in subsection (b)(2), the engine manufacturer shall
maintain a supply of warranted parts sufficient to meet the expected demand for
such parts. The lack of availability of such parts or the incompleteness of
repairs within a reasonable time period, not to exceed 30 days from the time
the vehicle or engine is initially presented to the warranty station for
repair, shall constitute an emergency for purposes of subsection (d)(4)
above.
(9) Any replacement part may
be used in the performance of any maintenance or repairs. Any replacement part
designated by a engine manufacturer may be used in warranty repairs provided
without charge to the SPMV owner. Such use shall not reduce the warranty
obligations of the engine manufacturer, except that the engine manufacturer
shall not be liable under this article for repair or replacement of any
replacement part which is not a warranted part (except as provided under
subsection (d)(7) above).
(10) Any
add-on or modified part exempted by the California Air Resources Board from the
prohibitions of Vehicle Code section
27156 may be
used on a vehicle or engine. Such use, in and of itself, shall not be grounds
for disallowing a warranty claim made in accordance with this article. The
engine manufacturer shall not be liable under this article to warrant failures
of warranted parts caused by the use of such an add-on or modified
part.
(11) The Executive Officer
may request, and, in such case, the manufacture shall provide, any documents
which describe the engine manufacturer's warranty procedures or
policies.
(e) Each engine
manufacturer shall furnish with each certified engine package, written
instructions for the maintenance and use of the engine by the SPMV owner, and
the instructions shall be consistent with this article and section 5(b)(1) of
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, which is incorporated by reference
herein.
(f) Each engine
manufacturer shall furnish with each new certified engine package a list of the
"high-priced" warranted parts established by subsection (c).
(g) Each engine manufacturer shall submit the
documents required by subsections (c)(5), (e), and (f) with its application for
certification pursuant-to section 7 of 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, which is
incorporated by reference herein. The Executive Officer may reject or require
modification of any of the documents required by subsections (c), (e), and (f)
for, among other reasons, incompleteness and lack of clarity. Approval by the
Executive Officer of the documents required by subsections (c), (e), and (f)
shall be a condition of certification. The Executive Officer shall approve or
disapprove the documents required by subsections (c), (e), and (f) within 90
days of the date such documents are received from the engine manufacturer. Any
disapproval shall be accompanied by a statement of the reasons thereof. In the
event of disapproval, the engine manufacturer may petition the Board to review
the decision of the Executive Officer.
(h)
Motor Vehicle Inspection and
Maintenance Program.
(1) This
subsection applies to 2019 and subsequent model SPMV that have a 2019 and
subsequent model certified engine package which fail to pass a Smog Check
inspection after the warranty period of three years or 50,000 miles, whichever
occurs first, has expired, but before the warranty period of seven years or
70,000 miles, whichever occurs first, has expired. The provisions of this
section shall be contained in the warranty statement required pursuant to
section 10 of 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, which is incorporated by
reference herein.
(2) The SPMV
owner which fails a Smog Check inspection may choose to have the SPMV repaired
at a warranty station.
(A) If the warranty
station identifies that the Smog Check inspection failure was caused by the
failure or malfunction of a "high-priced" part defined in subsection (c), then
the engine manufacturer shall be liable for expenses involved in detecting and
correcting the part failure or malfunction, unless the warranty station
demonstrates that the part failure or malfunction was caused by abuse, neglect,
improper installation, or improper maintenance as specified in subsection
(i).
(B) If the warranty station
demonstrates that the Smog Check inspection failure was caused by one or more
conditions excluded from warranty coverage pursuant to subsection (i), the SPMV
owner shall be liable for all diagnostic and repair expenses. Such expenses
shall not exceed the maximum repair costs permissible under the motor vehicle
inspection and maintenance program.
(C) If the warranty station determines that
the Smog Check inspection failure was caused by one or more defects covered
under warranty pursuant to these regulations and in combination with one or
more conditions excluded from warranty coverage pursuant to subsection (i),
then the SPMV owner shall not be charged for the diagnostic and repair costs
related to detecting and repairing the warrantable defects.
(D) In the alternative, the owner of a SPMV
which fails the Smog Check inspection may choose to have the certified engine
package repaired at other than a warranty station. If a warrantable defect is
found, the SPMV owner may deliver the vehicle to a warranty station and have
the defect corrected free of charge. The engine manufacturer shall not be
liable for any expenses incurred at a service establishment not authorized to
perform warranty repairs, except in the case of an emergency as defined in
subsection (d)(4).
(i)
Exclusions.
The repair or replacement of any warranted part otherwise
eligible for warranty coverage under subsections (d) and (h) shall be excluded
from such warranty coverage if the engine manufacturer demonstrates that the
engine has been abused, neglected, improperly installed, or improperly
maintained, and that such abuse, neglect, improper installation, or improper
maintenance was the direct cause of the need for the repair or replacement of
the part.
(j)
SPMV
Owner Obligations.
(1) The SPMV owner
shall be responsible for the performance of all required scheduled maintenance
specified in the written instructions furnished to the SPMV owner pursuant to
subsection (e). Such maintenance may be performed by the SPMV owner, at a
service establishment of the SPMV owner's choosing, or by a person or persons
of the SPMV owner's choosing.
(2)
Except as specified in subsection (i), failure of the SPMV owner to ensure the
performance of such scheduled maintenance or to keep maintenance records shall
not, per se, be grounds for disallowing a warranty claim.
(k)
Warranty Card.
The engine manufacturer shall provide a warranty card to
the SPMV owner, or online warranty registration equivalent, with each certified
engine package intended for California sale or use, as described-in "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, which is incorporated by reference herein.
(l)
Emissions Control System Warranty
Statement.
(1) The engine
manufacturer shall furnish a copy of the warranty statement with each 2019 and
subsequent model year certified engine package for use in a SPMV, as specified
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, which is incorporated by reference
herein.
(2) The engine manufacturer
shall submit the warranty statement with the engine manufacturer's application
for new certified engine package to the Executive Officer. Approval by the
Executive Officer of the documents shall be a condition of certification. The
Executive Officer shall approve or disapprove the documents within 90 days of
receipt from the engine manufacturer. Any disapproval shall be accompanied by a
statement of the reasons therefore. In the event of disapproval, the engine
manufacturer may petition the Board to review the decision of the Executive
Officer.
(m)
Mediation; Finding of Warrantable Condition.
(1) This section is intended to provide a
mechanism for mediating unresolved emissions warranty disputes between SPMV
owners and engine manufacturers or their agents.
(2) An SPMV owner may request that the
Executive Officer mediate a warranty claim.
(A) Upon receipt of such a claim the
Executive Officer, or the Executive Officer's representative, may make a
determination regarding whether the claim is meritorious on its face and, if
meritorious, shall notify the appropriate dealer, or engine manufacturer of the
claim. The party against whom a complaint is made shall be given a reasonable
time in which to respond. The Executive Officer may conduct an informal
conference and may request additional information and evidence.
(B) Upon examination of the facts submitted
by the parties concerned, the Executive Officer, or the Executive Officer's
representative, may find that a warranted part, or a certified engine package's
nonconformity with any California statutorily authorized motor vehicle
inspection and maintenance program, is eligible for warranty coverage pursuant
to this article. If such a finding is made, the Executive Officer shall issue a
Finding of Warrantable Condition.
(C) The Finding of Warrantable Condition
shall include the name of the SPMV owner, SPMV manufacturer name, name of
manufacturer of the certified engine package, engine family, odometer reading,
date of inspection, identification of the defective part or other warrantable
condition and the signature of the person issuing the
Finding.
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.
