California Code of Regulations
Title 13 - Motor Vehicles
Division 3 - Air Resources Board
Chapter 9 - Off-Road Vehicles and Engines Pollution Control Devices
Article 1 - Small Off-Road Engines
Section 2405.1 - Emission-Related Defect Reporting Requirements

Universal Citation: 13 CA Code of Regs 2405.1

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) Applicability. This section applies to 2005 model year and later small off-road engines. The requirement to report emission-related defects affecting a given class or category of engines will remain applicable for five years from the end of the calendar year in which such engines were manufactured.

(b) A manufacturer must file a defect information report whenever, on the basis of data obtained subsequent to the effective date of these regulations:

(1) The manufacturer determines, in accordance with procedures established by the manufacturer to identify either safety-related or performance defects, that a specific emission-related defect exists; and

(2) A specific emission-related defect exists in 25 or more engines of a given engine family manufactured in the same Executive Order or model year.

(c) No report must be filed under this section for any emission-related defect corrected prior to the sale of the affected engines to ultimate purchasers.

(d) The manufacturer must submit defect information reports to Chief, Mobile Source Operations Division, California Air Resources Board, 4001 Iowa Street, Riverside, CA 92507, not more than 15 working days after an emission-related defect is found to affect 25 or more engines manufactured in the same Executive Order or model year. Information required by paragraph (e) of this section that is either not available within 15 working days or is significantly revised must be submitted the Executive Officer as it becomes available.

(e) Each defect report must contain the following information in substantially the format outlined below:

(1) The manufacturer's corporate name.

(2) A description of the defect and part number(s).

(3) A description of each class or category of engines potentially affected by the defect including make, model, model year, calendar year produced, and any other information required to identify the engines affected.

(4) For each class or category of engine described in response to paragraph (e)(3) of this section, the following must also be provided:
(A) The number of engines known or estimated to have the defect and an explanation of the means by which this number was determined.

(B) The address of the plant(s) at which the potentially defective engines were produced.

(5) An evaluation of the emissions impact of the defect and a description of any operational problems which a defective engine might exhibit.

(6) Emission data which relate to the defect.

(7) An indication of any anticipated manufacturer follow-up.

1. New section filed 9-20-2004; operative 10-20-2004 (Register 2004, No. 39).
2. Amendment of subsection (d) filed 9-14-2022; operative 1-1-2023 (Register 2022, No. 37).

Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43150- 43154, 43205.5 and 43210- 43212, Health and Safety Code.

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