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 Performance Warranty
Requirements.
A manufacturer shall warrant, beginning on the date an
SPCNS using that certified engine package is registered for use in California
or two years after the engine is purchased by the ultimate purchaser, whichever
first occurs, 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) Will, for a period of three years or
50,000 miles, whichever first occurs, pass a Smog Check inspection;
and
(3) 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 warrant for a period of five years or 50,000
miles, whichever first occurs, that the SPCNS with the certified engine package
will pass a Smog Check inspection, and may begin the warranty period on the
purchase date of the certified engine package.
(c)
Written Instructions.
(1) Each manufacturer shall furnish with each
certified engine package, written instructions for the required maintenance and
use of the vehicle or engine by the owner, and the written 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.
(2) Each manufacturer shall submit the
documents required by subsection (c)(1) above 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.
(3) The Executive Officer may reject or
require modification of the written instructions for, among other reasons,
incompleteness or lack of clarity. Approval by the Executive Officer of the
written instructions shall be a condition of certification. The Executive
Officer shall approve or disapprove the written instructions 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.
(d)
Proper Use and
Maintenance.
(1) An emission
performance warranty claim may be denied if the manufacturer demonstrates that
the failure of the Smog Check inspection was directly caused by abuse, neglect,
improper installation, or improper maintenance as reflected by a failure to
maintain or use the vehicle or certified engine package in accordance with the
written instructions.
(2) Except as
provided in subsection (d)(5), a manufacturer may deny an emission performance
warranty claim on the basis of noncompliance with the written instructions only
if:
(A) An owner is not able to comply with a
request by a manufacturer for evidence pursuant to subsection (d)(4);
or
(B) Notwithstanding the evidence
presented pursuant to subsection (d)(4), the manufacturer is able to prove that
the vehicle failed a Smog Check inspection because the vehicle or certified
engine package was abused, the required maintenance and use was performed in a
manner resulting in a component being improperly installed or a component or
related parameter being adjusted substantially outside of the manufacturer's
specifications, or maintenance was performed on the certified engine package
which resulted in the removing or rendering inoperative of any component
affecting the certified engine package's emissions.
(3) When determining whether an owner has
complied with the written instructions, a manufacturer may require an owner to
submit evidence of compliance only with those written instructions for which
the manufacturer has an objective reason for believing:
(A) Were not performed; and
(B) If not performed, could be the cause of
the particular vehicle's failed Smog Check inspection.
(4) Evidence of compliance with a maintenance
instruction may consist of:
(A) A maintenance
log book which has been validated at the approximate time or mileage intervals
specified in the written instructions by someone who regularly engages in the
business of servicing light-duty vehicles or light-duty vehicle engines for the
relevant maintenance; or
(B) A
repair order, sales receipt, or similar evidence showing that the certified
engine package has been submitted for scheduled maintenance at the approximate
time or mileage intervals specified in the written instructions to someone who
regularly engages in the business of servicing light-duty vehicles or
light-duty vehicle engines for the purpose of performing the relevant
maintenance; or
(C) A statement by
the certified engine package owner that the maintenance was performed at the
approximate time or mileage interval specified in the written instructions
using proper replacement parts.
(5) In no case may a manufacturer deny an
emission performance warranty claim on the basis of:
(A) Warranty work or predelivery service
performed by any facility authorized by the manufacturer to perform such work
or service; or
(B) Work performed
in an emergency situation to rectify an unsafe condition, including an unsafe
driveability condition, attributable to the manufacturer, provided the
certified engine package owner has taken steps to put the certified engine
package vehicle back in a conforming condition in a timely manner; or
(C) Any cause attributable to the
manufacturer; or
(D) The use of any
fuel which is commonly available in the geographical area in which the vehicle
or engine is located, unless the written instructions specify that the use of
that fuel would adversely affect the emission control devices and systems of
the certified engine package, and there is commonly available information for
the certified engine package owner to identify the proper fuel to be
used.
(6) The certified
engine package owner may perform maintenance or have maintenance performed more
frequently than required in the written instructions.
(7) Except as specified in subsection
(d)(2)(B) above, 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.
(e) Repair, adjustment, or replacement of any
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
where a warranted part is not available to the certified engine package owner
within a reasonable time (in no case more than 30 days) after the certified
engine package is initially presented to the warranty station for repair. In
case of such unavailability, 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 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 package owner
may reasonably be required to keep receipts and failed parts in order to
receive reimbursement due to such unavailability, provided the manufacturer's
written instructions advise the owner of this obligation.
(f) The manufacturer shall be liable for
damages to other vehicle components proximately caused by a failure under
warranty of any warranted part.
(g)
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 certified engine package 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) above).
(h) 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 certified engine package. 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.
(i)
Warranty
Claim Procedures.
(1) A warranty
claim may be submitted by bringing a certified engine package to any repair
facility authorized by the manufacturer to service that certified engine
package.
(2) The manufacturer shall
establish procedures as to the manner in which a claim under the emission
performance warranty is to be processed. The procedures shall provide for a
final decision and repair of a warrantable condition by the manufacturer within
a reasonable time, not to exceed 30 days from the time at which the certified
engine package is initially presented for repair, or unless a delay:
(A) is requested by the certified engine
package owner, or
(B) is caused by
an event not attributable to the manufacturer or the warranty
station.
(3) Within the
time period specified in subsection (i)(2), the manufacturer shall provide the
owner, in writing, with an explanation as to why the claim is being
denied.
(4) Failure to notify a
certified engine package owner that a warrantable condition does not exist
within the required time period of subsection (i)(2), for reasons other than
those provided for in subsections (i)(2)(A) and (B), shall result in the
manufacturer being responsible for repairing the certified engine package free
of charge to the certified engine package owner.
(5) The manufacturer shall incur all costs
associated with a determination that an emission performance warranty claim is
valid.
(j) 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.
(k) The certified engine package owner shall
not be charged for diagnostic labor which leads to the determination of a
warrantable condition provided that such diagnostic work is performed at a
warranty station.
(l) Throughout
the certified engine package's warranty period defined in subsection (b), 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 the repairs within a reasonable time period, not to exceed 30
days from the time the certified engine package is initially presented to the
warranty station for repair, shall constitute an unavailability of parts for
purposes of subsection (e).
(m) The
Executive Officer may request and, in such case, the manufacturer shall
provide, any documents which describe the manufacturer's warranty procedures or
policies.
(n)
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 (c)(1). 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 (d), failure of the vehicle or engine 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.
(o)
Mediation; Finding of Warrantable
Condition.
(1) This section is
intended to provide a mechanism for mediating unresolved emissions warranty
disputes between owners of certified engine packages and manufacturers or their
agents.
(2) A certified engine
package 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
emissions 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 certified engine package owner, certified engine
package manufacturer and model, engine identification number, engine family,
odometer reading, date of Smog Check 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.
