Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
(1) If
the Executive Officer determines that a substantial number of any class or
category of engines, although properly maintained and used, do not conform to
the regulations prescribed under Section 2400-2409, Chapter 9, Title 13 of the
California Code of Regulations, when in actual use throughout their durability
period (as defined under section
2403), the Executive Officer shall
immediately notify the manufacturer of such nonconformity and require the
manufacturer to submit a plan for remedying the nonconformity of the engines
with respect to which such notification is given.
(A) The manufacturer's plan shall provide
that the nonconformity of any such engines which are properly used and
maintained will be remedied at the expense of the manufacturer.
(B) If the manufacturer disagrees with such
determination of nonconformity and so advises the Executive Officer, the
Executive Officer shall afford the manufacturer and other interested persons an
opportunity to present their views and evidence in support thereof at a public
hearing pursuant to Article 1, Chapter 15, Title 13, California Code of
Regulations, Section
2771. Unless, as a result of such
hearing, the Executive Officer withdraws such determination of nonconformity,
the Executive Officer shall, within 60 days after the completion of such
hearing, order the manufacturer to provide prompt notification of such
nonconformity in accordance with paragraph (a)(2) of this section. The
manufacturer shall comply in all respects with the requirements of this
subpart.
(2) Any
notification required to be given by the manufacturer under paragraph (a)(1) of
this section with respect to any class or category of engines shall be given to
dealers, ultimate purchasers, and subsequent purchasers (if known) in such
manner and containing such information as required in section
2405.1(d).
(3)
(A)
Prior to a CARB ordered recall, the manufacturer may perform a voluntary
emissions recall pursuant to regulations at section
2405.2. Such manufacturer is
subject to the reporting and recordkeeping requirements of section
2405.2(c) and
(d).
(B) Once CARB determines that a substantial
number of engines fail to conform with the requirements of Section 2400-2409,
Chapter 9, Title 13 of the California Code of Regulations, the manufacturer
will not have the option of a voluntary recall.
(b) The manufacturer bears all cost
obligation a dealer incurs as a result of a requirement imposed by paragraph
(a) of this section. The transfer of any such cost obligation from a
manufacturer to a dealer through franchise or other agreement is
prohibited.
(c) Any inspection of
an engine for purposes of paragraph (a)(1) of this section, after its sale to
the ultimate purchaser, is to be made only if the owner of such engine
voluntarily permits such inspection to be made, except as may be provided by
any state or local inspection program.
1. New
section filed 9-20-2004; operative 10-20-2004 (Register 2004, No.
39).
2. Amendment of subsections (a)(1)(B) and (a)(3)(A)-(B) 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.
