Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Applicability. This section applies to
new 2001 and later model year off-road large spark-ignition engines with engine
displacement greater than 1.0 liter that are certified to the applicable
emission standards pursuant to Section
2433(b). The
warranty period begins on the date the engine or equipment is delivered to an
ultimate purchaser. The use of alternative fuels must not void the warranties
on any engine certified to use such fuel. 2002 and later model year off-road
LSI engines with engine displacement less than or equal to 1.0 liter must
comply with the applicable warranty requirements set forth in the California
Code of Regulations, Title 13, Section
2405.
(b) General Emissions Warranty Coverage. The
manufacturer of each off-road large spark-ignition engine must warrant to the
ultimate purchaser and each subsequent purchaser that the engine is:
(1) Designed, built, and equipped so as to
conform with all applicable regulations adopted by the Air Resources Board
pursuant to its authority in Chapters 1 and 2, Part 5, Division 26 of the
Health and Safety Code; and
(2)
Free from defects in materials and workmanship which cause the failure of a
warranted part to be identical in all material respects to the part as
described in the engine manufacturer's application for certification for a
period of:
(A) 2 years or 1,500 hours,
whichever occurs first, for 2001-2003 model year certified engines having
engine displacement greater than 1.0 liter.
(B) 3 years or 2,500 hours, whichever occurs
first, for 2004 and later model year engines having engine displacement greater
than 1.0 liter.
(3) Free
from defects in materials and workmanship which cause the failure of a
high-cost warranted part to be identical in all material respects to the part
as described in the engine manufacturer's application for certification for
2004 and later model year engines having engine displacements greater than 1.0
liter, for a period of five years or 3,500 hours of operation, whichever occurs
first.
(A) Each manufacturer shall identify in
its application for certification the "high-priced" warranted parts which (i)
are included on the Board's "Emission Warranty Parts List" as last amended
February 22, 1985, incorporated herein by reference, and (ii) have an
individual replacement cost, at the time of certification, exceeding the cost
limit defined in subsection (B). The replacement cost shall include the cost of
the part, labor and standard diagnosis. The costs shall be those of the
highest-cost metropolitan area of California.
(B) The dollar value of a high cost part
shall be based on the following formula:
Cost Limitn=$300 * ( CPI
n-2 /118.3)
where,
Cost Limitn is the cost limit for
the applicable model year of the engine rounded to the nearest ten dollars. n
is the model year of the new engines.
n-2 is the calendar year two years prior to the model year
of the new engines.
CPI=is the annual average nationwide urban consumer price
index published by the United States Bureau of Labor
Statistics.
(C) The cost
limit shall be reviewed annually by the Executive Officer. The highest-cost
metropolitan area in California shall be identified by the Executive Officer
for use in this subsection. If a manufacturer seeks certification of an engine
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.
(D) Each manufacturer shall submit to the
Executive Officer the documentation used to identify the "high-priced"
warranted parts required in this subsection. The documentation shall include
the estimated retail parts costs, labor rates in dollars per hour, and the
labor hours necessary to diagnosis and replace the parts.
(4) In the absence of a device to measure
hours of use, the engine must be warranted for a period of the years noted
above in subsections (2) and (3). If a device to measure hours is used, the
engine must be warranted for the number of hours or the number of years noted
above in subsections (2) and (3), whichever occurs first.
(c) The warranty on emissions-related parts
must be interpreted as follows:
(1) Any
warranted part that is not scheduled for replacement as required maintenance in
the written instructions required by Subsection (e) must be warranted for the
warranty period defined in Subsection (b)(2) and (b)(3). If any such part fails
during the period of warranty coverage, it must be repaired or replaced by the
engine manufacturer according to Subsection (4) below. Any such part repaired
or replaced under the warranty must be warranted for the remaining warranty
period.
(2) Any warranted part that
is scheduled only for regular inspection in the written instructions required
by Subsection (e) must be warranted for the warranty period defined in
Subsection (b)(2) and (b)(3). 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 that is scheduled for
replacement as required maintenance in the written instructions required by
Subsection (e) must be warranted for the period of time prior to the first
scheduled replacement point for that part. If the part fails prior to the first
scheduled replacement, the part must be repaired or replaced by the engine
manufacturer according to Subsection (4) below. 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 owner at a warranty station.
(5) Notwithstanding the provisions of
Subsection (4) above, warranty services or repairs must be provided at all
manufacturer distribution centers that are franchised to service the subject
engines.
(6) The owner must not be
charged for diagnostic labor that 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 engine
manufacturer must be liable for damages to other engine components proximately
caused by a failure under warranty of any warranted part.
(8) Throughout the engine's warranty period
defined in Subsection (b)(2) and (b)(3), the engine manufacturer must maintain
a supply of warranted parts sufficient to meet the expected demand for such
parts.
(9) Any replacement part, as
defined in Section
1900(b)(13),
Title 13, may be used in the performance of any maintenance or repairs and must
be provided without charge to the owner. It is not necessary for replacement
parts to be the same brand or by the same manufacturer as the original part
sold with the engine. Such use must not reduce the warranty obligations of the
engine manufacturer.
(10) Add-on or
modified parts, as defined in Section
1900(b)(1) and
(b)(10), Title 13, that are not exempted by
the Air Resources Board may not be used. The use of any non-exempted add-on or
modified parts will, at the discretion of the engine manufacturer, be grounds
for disallowing a warranty claim made in accordance with this article. The
engine manufacturer must not be liable under this article to warrant failures
of warranted parts caused by the use of a non-exempted add-on or modified
part.
(11) The Executive Officer
may request and, in such case, the engine manufacturer must provide, any
documents that describe that manufacturer's warranty procedures or
policies.
(d) Each
manufacturer must include a copy of the following emission warranty parts list
with each new engine, using those portions of the list applicable to the
engine.
(1) Fuel Metering System
(A) Fuel injection system.
(B) Air/fuel ratio feedback and control
system.
(C) Carburetor system
(internal parts and/or pressure regulator or fuel mixer or injection
system).
(D) Cold start enrichment
system.
(2) Air Induction
System
(A) Intake manifold or air intake
system.
(B) Air mass sensor
assembly.
(C)
Turbocharger/supercharger systems.
(3) Exhaust Gas Recirculation (EGR) System
(A) EGR valve body, and carburetor spacer if
applicable.
(B) EGR rate feedback
and control system.
(4)
Air injection System
(A) Air pump or pulse
valve.
(B) Valves affecting
distribution of flow.
(C)
Distribution manifold.
(5) Catalyst or Thermal Reactor System
(A) Catalytic converter.
(B) Thermal reactor.
(C) Exhaust manifold.
(6) Positive Crankcase Ventilation (PCV)
System.
(A) PCV Valve.
(B) Oil Filler Cap.
(7) Ignition Control System
(A) Engine Control Module (ECM).
(B) Ignition module(s).
(8) Miscellaneous items Used in Above Systems
(A) Vacuum, temperature, and time sensitive
valves and switches.
(B) Sensors
used for electronic controls.
(C)
Hoses, belts, connectors, assemblies, clamps, fittings, tubing, sealing gaskets
or devices, and mounting hardware.
(D) Pulleys, belts and
idlers.
(e)
Each manufacturer must furnish with each new engine written instructions for
the maintenance and use of the engine by the owner. The instructions must be
consistent with this article and applicable regulations contained
herein.
(f) Each manufacturer must
submit the documents required by Subsections (d) and (e) with the
manufacturer's preliminary application for engine certification for approval by
the Executive Officer. Approval by the Executive Officer of the documents
required by Subsections (d) and (e) must be a condition of certification. The
Executive Officer must approve or disapprove the documents required by
Subsections (d) and (e) within 90 days of the date such documents are received
from the manufacturer. Any disapproval must be accompanied by a statement of
the reasons therefor. In the event of disapproval, the manufacturer may file
for an adjudicative hearing under Title 17, California Code of Regulation,
Division 3, Chapter 1, Subchapter 1.25 to review the decision of the Executive
Officer.
(g) In the application,
each manufacturer must include a statement concerning proper maintenance of the
engine to maximize emissions performance. The statement must include, but not
be limited to, information on air filter care and replacement schedule, proper
fueling and fuel mixing, engine maintenance, and a maintenance schedule to
ensure that the owner returns to a servicing center to check for deposits,
debris build-up, etc.
1. New
section filed 10-19-99; operative 11-18-99 (Register 99, No. 43).
2.
Amendment of subsection (c)(10) filed 8-29-2000; operative 9-28-2000 (Register
2000, No. 35).
Note: Authority cited: Sections 39600, 39601, 43013,
43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections
43013, 43017, 43018, 43101, 43102, 43104, 43105, 43150- 43154, 43205.5 and
43210- 43212, Health and Safety Code.
