Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The warranty period must begin on the
date the OHRV is delivered to an ultimate purchaser.
(b) General Emissions Warranty Coverage.
The manufacturer of an OHRV must warrant to the ultimate
purchaser and each subsequent purchaser that the OHRV is:
(1) Designed, built, and equipped so as to
conform, at the time of sale, with all applicable laws, rules and regulations;
and
(2) Free from defects in
materials and workmanship that may cause the failure of a warranted part. All
replacement parts must be identical in all material respects to that part as
described in the OHRV manufacturer's Executive Order of Certification
application.
(c) Warranty
Period.
The warranty period applicable to this section is 30
months, or 2500 miles, or 250 hours, whichever comes first, except for
"high-priced" warranty parts, which are covered for 60 months, or 5000 miles,
or 500 hours, whichever comes first.
(1) Each OHRV manufacturer must identify in
its Executive Order of Certification application the "high-priced" warranted
parts which are:
(A) OHRV parts included on
the Air Resources Board "Emissions Warranty Parts List," dated December 14,
1978, as last amended on February 22, 1985, and incorporated herein by
reference, and;
(B) Have an
individual replacement cost at the time of certification exceeding the cost
limit defined in subdivision (c)(3).
(2) The replacement cost must be the retail
cost to an OHRV owner and include the cost of the part, labor, and standard
diagnosis. The costs must be those of the highest-cost metropolitan area of
California.
(3) The cost limit must
be calculated using the following equation:
Cost limitn=$200 x
(CPIn-2 / CPI2016)
Where,
* Cost limitn=the cost limit for the
applicable model year of the OHRV rounded to the nearest ten dollars
* n=model year of the new OHRVs
* n-2=calendar year two years prior to the model year of
the new OHRVs
* CPI=annual average nationwide urban consumer price index
for a calendar year published by the United States Bureau of Labor
Statistics
(4) The cost
limit may be revised annually by the Executive Officer. The highest-cost
metropolitan area in California must be identified by the Executive Officer for
use in this section. If a manufacturer seeks certification of an OHRV before
the applicable annual average CPI is available, the cost limit must be
calculated using the average of the monthly nationwide urban CPI figures for
the most recent 12 month period for which figures have been published by the
United States Bureau of Labor Statistics.
(5) Each OHRV manufacturer must submit to the
Executive Officer the documentation used to identify the "high-priced"
warranted parts required in this section. The documentation must 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 OHRV 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 subdivision
(c)(3).
(d) Subject to
the conditions and exclusions of subdivision (i), the warranty on
emissions-related parts must function as follows:
(1) Any warranted part which is not scheduled
for replacement as part of maintenance in the written instructions pursuant to
subdivision (e) must be warranted for the warranty period defined in
subdivision (c). If any such part fails during the warranty period, it must be
repaired or replaced by the OHRV manufacturer according to subdivision (d)(4).
Any such part repaired or replaced under warranty must be fully
warranted.
(2) Any warranted part
which is scheduled only for regular inspection in the written instructions
required by subdivision (e) must be warranted for the warranty period defined
in subdivision (c). A statement in such written instructions to the effect of
"repair or replace as necessary" must not reduce the period of warranty
coverage. Any such part repaired or replaced under warranty must be warranted
for the remaining warranty period.
(3) Any warranted part which is scheduled for
replacement as part of maintenance in the written instructions pursuant to
subdivision (e) must be warranted for the period of time prior to the first
scheduled replacement point for that part. If the part fails before the first
scheduled replacement point, the part must be repaired or replaced by the OHRV
manufacturer according to subdivision (d)(4). Any such part repaired or
replaced under warranty must 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 must be performed at no
charge to the OHRV owner, at a warranty station, except in the case of a
temporary repair when a warranted part or a warranty station is not reasonably
available to the OHRV owner. In the event a temporary repair is permitted
according to subdivision (d)(8), repairs may be performed at any available
service establishment, or by the owner, using any replacement part. The OHRV
manufacturer must reimburse the owner for his or her expenses including
diagnostic charges for such temporary repair or replacement, not to exceed the
OHRV manufacturer's suggested retail price for all warranted parts replaced and
labor charges based on the OHRV manufacturer's recommended time allowance for
the warranty repair and the geographically appropriate hourly labor
rate.
(5) Notwithstanding the
provisions of subdivision (d)(4), warranty services or repairs must be provided
at all manufacturer dealerships that are owned by the manufacturer or
franchised to service the subject OHRVs.
(6) The OHRV owner must not be charged for
diagnostic labor which leads to the determination that a warranted part is, in
fact, defective, provided that such diagnostic work is performed at a warranty
station.
(7) The OHRV manufacturer
is liable for damages to other vehicle components proximately caused by a
failure, under warranty, of any warranted part.
(8) Throughout the OHRV's warranty period
defined in subdivision (c), the OHRV manufacturer must 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 OHRV is
initially presented to the warranty station for repair, will qualify the need
for a temporary repair for purposes of subdivision (d)(4).
(9) Any replacement part designated by an
OHRV manufacturer may be used in warranty repairs provided without charge to
the OHRV owner. Such use will not reduce the warranty obligations of the OHRV
manufacturer, except that the OHRV manufacturer will not be liable under the
provisions of this Article for repair or replacement of any replacement part
which is not a warranted part (except as provided under subdivision
(d)(7)).
(10) Any add-on or
modified part exempted by the Air Resources Board from the prohibitions of
section 27156 of the California Vehicle Code may be used on an OHRV. Such use,
in and of itself, will not be grounds for disallowing a warranty claim made
under the provisions of this Article. The OHRV manufacturer is not liable under
the provisions of this Article to warrant failures of warranted parts caused by
the use of an add-on or modified part(s) unless such part(s) are also
warranted.
(11) Upon a request of
the Executive Officer, the OHRV manufacturer must provide any documents that
describe the manufacturer's warranty procedures or policies.
(12) Any replacement part must not reduce the
effectiveness of the OHRV emission control system. An OHRV manufacturer must
demonstrate that the applicable emission standards are being met when the
replacement part(s) are installed on the OHRV. The demonstration of equivalence
to applicable emission standards can be achieved through replacing the part(s)
with the evaporative emissions control components the OHRV evaporative family
was certified with; or, if unavailable, alternative parts may be installed if
the OHRV manufacturer can provide test data to verify the evaporative control
system meets, at least, the OHRV EFEL.
(e) Commencing with the 2018 model year, each
manufacturer must furnish with each new OHRV written instructions for the
maintenance and use of the OHRV by the owner.
(f) Commencing with the 2018 model year, the
manufacturer must furnish with each new OHRV, a list of the warranted parts
installed on that vehicle. The list must include those parts included on the
Air Resources Board "Emissions Warranty Parts List," incorporated by reference
in subdivision (c)(1)(A).
(g) Each
OHRV manufacturer must submit the documents required by subdivisions (e) and
(f) with the OHRV manufacturer's preliminary Executive Order of Certification
application for approval by the Executive Officer. The Executive Officer may
disapprove or require modification of the OHRV manufacturer's list of warranted
parts to ensure that each such list is of proper scope. The Executive Officer
may also disapprove or require modification of any of the documents required by
subdivision (e). Approval by the Executive Officer of the documents required by
subdivisions (e) and (f) is a condition of certification.
(h) Notwithstanding subdivision (f), the
Executive Officer may delete any part from an OHRV manufacturer's list of
warranted parts if the OHRV manufacturer demonstrates to the Executive Officer
that:
(1) Failure of such part will not
increase the emissions of any OHRV on which it is installed, and
(2) Any deterioration of drivability or
performance which results from failure of the part could not be corrected by
adjustments or modifications to other OHRV components.
(i) Exclusions.
The repair or replacement of any warranted part otherwise
eligible for warranty coverage under subdivision (d), is excluded from such
warranty coverage if the OHRV manufacturer can provide evidence to the
Executive Officer, to the Executive Officer's satisfaction, that the OHRV has
been abused, neglected, improperly maintained, or had unapproved modifications
and that such abuse, neglect, improper maintenance, or unapproved modification,
was the direct cause of the need for the repair or replacement of the
part.
1. New
section filed 12-17-2014; operative 4-1-2015 (Register 2014, No.
51).
Note: Authority cited: Sections 39600, 39601, 43013,
43018, 43105, 43107, 43205.5, 43210 and 43824, Health and Safety Code.
Reference: Sections 43013, 43018, 43105, 43106, 43107, 43205, 43205.5, 43210
and 43824, Health and Safety Code: and Section 27156, California Vehicle
Code.
