Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
Applicability.
This section shall apply to 2012 and subsequent model year
certified engine packages for use in light-duty SPCNSs.
(b)
General Defects Warranty
Coverage.
The manufacturer of each certified engine package shall
warrant to the ultimate purchaser and each subsequent purchaser that the
certified engine package:
(1) Is
designed, built, and equipped so as to conform with all applicable regulations
adopted by the ARB 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) for seven years or 70,000 miles, whichever first occurs; and
(4) The warranty period for a certified
engine package shall begin on the date an SPCNS using that certified engine
package is registered for use in California or two years after the certified
engine package is purchased by the ultimate purchaser, whichever first occurs.
However, as an alternative to beginning the warranty period on the date an
SPCNS is registered for use in California or two years after the engine is
purchased by the ultimate purchaser, a 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 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 calculated using
the following equation:
Cost limitn= $300 x
(CPIn-2 / 118.3)
where:
Cost limitn is the
cost limit for the applicable model year of the certified engine package
rounded to the nearest ten dollars.
n is the model year
of the certified engine package.
n-2 is the calendar
year two years prior to the model year of the certified engine package.
CPI is the annual average nationwide urban consumer price
index published by the United States Bureau of Labor
Statistics.
(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 a 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 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. The documentation is not
required for certified engine packages certified before July 15,
2013.
(6) The Executive Officer may
reject or require modification of the 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 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 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 certified engine package 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 certified engine package owner. In
an emergency, repairs may be performed at any available service establishment,
or by the owner, using any replacement part. The manufacturer shall reimburse
the owner for his or her expenses including diagnostic charges for such
emergency repair or replacement, not to exceed the manufacturer's suggested
retail price for all warranted parts replaced and labor charges based on the
manufacturer's recommended time allowance for the warranty repair and the
geographically appropriate hourly labor rate. A certified engine 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 manufacturer's written instructions required by subsection (e) advise the
owner of this obligation.
(5)
Notwithstanding the provisions of subsection (d)(4) above, warranty services or
repairs shall be provided at all of a manufacturer's dealerships, warranty
stations or service providers which are franchised or under contract to service
the subject vehicles or engines.
(6) The certified engine 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
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 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 manufacturer may be used in warranty repairs provided without
charge to the vehicle owner. Such use shall not reduce the warranty obligations
of the manufacturer, except that the 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 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
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
manufacturer's warranty procedures or policies.
(e) Each manufacturer shall furnish with each
certified engine package, written instructions for the maintenance and use of
the vehicle or engine by the 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
Constructed Vehicles for 2012 and Subsequent Model Years," adopted September
27, 2012, which is incorporated by reference herein.
(f) Each manufacturer shall furnish with each
new certified engine package a list of the "high-priced" warranted parts
established by subsection (c).
(g)
Each 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 Constructed Vehicles for 2012 and Subsequent Model
Years," adopted September 27, 2012, 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 manufacturer. Any disapproval shall be
accompanied by a statement of the reasons thereof. In the event of disapproval,
the 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 light-duty
specially constructed vehicles that have 2012 and subsequent model new
certified engine packages 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 Constructed Vehicles for 2012 and Subsequent Model Years,"
adopted September 27, 2012, which is incorporated by reference
herein.
(2) The owner of a
certified engine package in a light-duty specially constructed vehicle which
fails a Smog Check inspection during the period described in subsection (h)(1)
may choose to have the certified engine package 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 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 certified engine package
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 certified engine package owner shall not be charged for the diagnostic
and repair costs related to detecting and repairing the warrantable
defects.
(3) In the
alternative, the owner of a certified engine package in a light-duty specially
constructed vehicle 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 vehicle owner may deliver the vehicle to a
warranty station and have the defect corrected free of charge. The certified
engine package 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 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)
Certified
Engine Package Owner Obligations.
(1)
The owner of any certified engine package warranted pursuant to this article
shall be responsible for the performance of all required scheduled maintenance
specified in the written instructions furnished to the owner pursuant to
subsection (e). Such maintenance may be performed by the owner, at a service
establishment of the owner's choosing, or by a person or persons of the owner's
choosing.
(2) Except as specified
in subsection (i), failure of the certified engine package 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 manufacturer shall provide a warranty card, or online
warranty registration equivalent, with each certified engine package intended
for California sale or use, as described in the "California Certification
Procedures for Light-Duty Engine Packages for Use in Light-Duty Specially
Constructed Vehicles for 2012 and Subsequent Model Years", adopted September
27, 2012, and incorporated by reference herein.
(l)
Emissions Control System Warranty
Statement.
(1) The manufacturer
shall furnish a copy of the warranty statement with each 2012 and subsequent
model year certified engine package for use in a specially constructed vehicle,
as specified in the "California Certification Procedures for Light-Duty Engine
Packages for Use in Light-Duty Specially Constructed Vehicles for 2012 and
Subsequent Model Years", adopted September 27, 2012, and incorporated by
reference herein.
(2) The
manufacturer shall submit the warranty statement with the 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 manufacturer. Any disapproval shall be
accompanied by a statement of the reasons therefore. In the event of
disapproval, the 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 engine owners and manufacturers or their agents.
(2) An engine 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 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 vehicle or engine package owner, name of
manufacturer of the certified engine package, and model of 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 11-6-2012; operative 12-6-2012 (Register 2012, No.
45).
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.
