California Code of Regulations
Title 13 - Motor Vehicles
Division 3 - Air Resources Board
Chapter 9 - Off-Road Vehicles and Engines Pollution Control Devices
Article 4.7 - Spark-Ignition Marine Engines
Section 2445.1 - Defects Warranty Requirements for Model Year 2001 and Later Spark-Ignition Marine Engines
Universal Citation: 13 CA Code of Regs 2445.1
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Applicability. This section applies to model year 2001 and later spark-ignition personal watercraft and outboard marine engines, and to model year 2003 and later spark-ignition sterndrive/inboard marine engines. The warranty period begins on the date the engine or equipment is delivered to an ultimate purchaser or first placed into service (e.g., a demonstration engine or watercraft).
(b) General Emissions Warranty Coverage. The manufacturer of each spark-ignition marine 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 that cause the failure of a
warranted part to be identical in all material respects to that part as
described in the engine manufacturer's application for
certification.
(c) Warranty Period. In the case of all new, spark-ignition marine engines, the warranty period will be:
(1) For model year
2001 and later spark-ignition personal watercraft and outboard marine engines,
a period of 4 years or 250 hours of use, whichever first occurs.
(2) For model year 2003-2005 spark-ignition
sterndrive/inboard marine engines, a period of 2 years.
(3) For model year 2006 and later
spark-ignition sterndrive/inboard marine engines:
(A) Manufacturers certifying engines
according to Option 1 in Section
2442(b)(1) for
model years 2006-2008, a period of 2 years.
(B) Manufacturers certifying engines
according to Option 2 in Section
2442(b)(1):
1. For model years 2006-2007, a period of 2
years.
2. For model year 2008, a
period of 3 years or 480 hours, whichever first occurs.
(C) Model Year 2009 and Later:
1. Engines 373 kilowatts or less, a period of
3 years or 480 hours, whichever first occurs.
2. Engines greater than 373 kilowatts, but
less than or equal to 485 kilowatts:
a. A
period of 3 years or 480 hours, whichever first occurs, for electronic
emission-related components including, but not limited to, sensors (e.g.,
oxygen sensors, mass air flow sensors, crankshaft position sensors, etc.),
solenoids (e.g., fuel injectors, idle control valves, pressure regulators,
etc.), ignition components, powertrain control modules, and for the following:
catalysts, carburetors, fuel pumps, evaporative components (including
low-permeation hoses), exhaust gas recirculation, and other direct emissions
devices,
b. A period of 3 years or
150 hours, whichever first occurs, for mechanical emission-related components,
including but not limited to, the engine block, crankshaft, camshaft,
connecting rods, valves, manifolds, rotating parts, pistons, and
turbo/superchargers.
3.
Engines greater than 485 kilowatts:
a. A
period of 3 years or 480 hours, whichever first occurs, for electronic
emission-related components including, but not limited to, sensors (e.g.,
oxygen sensors, mass air flow sensors, crankshaft position sensors, etc.),
solenoids (e.g., fuel injectors, idle control valves, pressure regulators,
etc.), ignition components, powertrain control modules, and for the following:
catalysts, carburetors, fuel pumps, evaporative components (including
low-permeation hoses), exhaust gas recirculation, and other direct emissions
devices,
b. A period of 1 year or
50 hours, whichever first occurs, for mechanical emission-related components,
including but not limited to, the engine block, crankshaft, camshaft,
connecting rods, valves, manifolds, rotating parts, pistons, and
turbo/superchargers.
4.
Notwithstanding (c)(3)(C)2. and (c)(3)(C)3. above, an engine manufacturer may
request an alternate hourly warranty period for specific components in an
engine family with rated power greater than 373 kW provided the following:
a. Under no circumstances may the
manufacturer request an alternate interval that is less than 50 hours of
operation, and the alternate interval must be at least as long as the engine
manufacturer's recommended overhaul interval.
b. The manufacturer must submit actual
durability test data if engines identical to those in the engine family for
which the manufacturer is requesting an alternate warranty period have already
been produced and are in use. Otherwise, the manufacturer must submit
equivalent data from research engines or similar engine models that are already
in production, along with an engineering evaluation relating the results of
those data to the engine components for which an alternate interval is being
requested.
c. The manufacturer may
submit other information if the manufacturer believes it beneficial for
demonstrating the appropriateness of the requested alternate
interval.
d. The Executive Officer
shall review the data provided, as well as any other information known to the
executive officer, in determining whether or not the requested hourly interval
is representative of the expected useful life of the affected components or of
the engine itself. If this determination is affirmed, the Executive Officer
shall approve the manufacturer's request for an alternate warranty
period.
(d) Subject to the conditions and exclusions of Subsection (g), the warranty on emission-related parts is as follows:
(1) Any warranted part that is not scheduled
for replacement as required maintenance in the written instructions required by
Subsection (f) must be warranted for the warranty period defined in Subsection
(c). If the part fails during the period of warranty coverage, 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.
(2)
Any warranted part that is scheduled only for regular inspection in the written
instructions required by Subsection (f) must be warranted for the warranty
period defined in Subsection (c). A statement in such written instructions to
the effect of "repair and replace as necessary" will 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 (f) must be warranted for the period of time before the first
scheduled replacement date for that part. If the part fails before 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 a
warranty station at no charge to the owner.
(5) Notwithstanding the provisions of
Subsection (4), warranty services or repairs must be provided at all engine
manufacturer distribution centers that are franchised to service the subject
engines.
(6) The engine owner must
not be charged for diagnostic labor that is directly associated with diagnosis
of a defective, emission-related warranted part, provided that such diagnostic
work is performed at a warranty station.
(7) The engine manufacturer is 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 (c), the engine
manufacturer must maintain a supply of warranted parts sufficient to meet the
expected demand for such parts.
(9)
Any replacement part may be used in the performance of any warranty maintenance
or repairs and must be provided without charge to the owner. Such use will 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 by the ultimate purchaser will be grounds for disallowing a
warranty claim made in accordance with this article. The engine manufacturer
will 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 engine manufacturer's warranty procedures or policies.
(e) Each engine manufacturer must provide 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) Carburetor and internal parts (and/or
pressure regulator or fuel injection system)
(B) Air/fuel ratio feedback and control
system
(C) Cold start enrichment
system
(D) Intake
valve(s)
(2) Air
Induction System
(A) Controlled hot air intake
system
(B) Intake
manifold
(C) Air Filter
(D) Turbocharger systems
(E) Heat riser valve and
assembly
(3) Ignition
System
(A) Spark plugs
(B) Magneto or electronic ignition
system
(C) Spark advance/retard
system
(D) Ignition coil and/or
control module
(E) Ignition
wires
(4) Lubrication
System
(A) Oil pump and internal
parts
(B) Oil injector(s)
(C) Oil meter
(5) Positive Crankcase Ventilation (PCV)
System
(A) PCV valve
(B) Oil filler cap
(6) Exhaust Gas Recirculation (EGR) System
(A) EGR valve body, and carburetor spacer if
applicable
(B) EGR rate feedback
and control system
(7)
Air Injection System
(A) Air pump or pulse
valve
(B) Valves affecting
distribution of flow
(C)
Distribution manifold
(8)
Exhaust System
(9) Catalyst or
Thermal Reactor System
(A) Catalytic
converter
(B) Thermal
reactor
(C) Exhaust
manifold
(D) Exhaust
valve(s)
(10) Evaporative
System
(A) Carbon Canister(s)
(B) Fuel Tank(s)
(C) Purge Valve(s)
(11) Miscellaneous Items Used in Above
Systems
(A) Hoses, clamps, fittings, tubing,
sealing gaskets or devices, and mounting hardware
(B) Pulleys, belts and idlers
(C) Vacuum, temperature, check, and time
sensitive valves and switches
(D)
Electronic Controls
(f) Each engine manufacturer must provide 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. A copy of the instructions for each engine family must be provided to the Executive Officer upon commencement of its production.
(g) Exclusions.
(1) The repair or replacement of any
warranted part otherwise eligible for warranty coverage under Subsection (d)
may be excluded from such warranty coverage if the engine manufacturer
demonstrates that the engine has been abused, neglected, or improperly
maintained, and that such abuse, neglect, or improper maintenance was the
direct cause of the need for the repair or replacement of the part.
(2) Engine manufacturers must warrant engines
for the yearly warranty period specified in paragraph (c). For Outboard and
Personal Watercraft engines, and for sterndrive/inboard engines greater than
485 kilowatts, manufacturers may warrant engines for the hour warranty period
if the engines:
(A) are equipped with hour
meters; (an ECM-integrated hour meter for sterndrive/inboard engines)
(B) are equipped with devices similar to hour
meters that are approved by the Executive Officer; or
(C) are or will be accompanied by other
evidence or methods that the Executive Officer determines reliable for
determining engine usage in hours.
(3) Except as provided in Subsection (1)
above, any adjustment of a component that has a factory installed, and properly
operating, adjustment limiting device (such as an idle limiter cap or plug) is
eligible for warranty coverage under Subsection
(d).
1. New
section filed 12-8-99; operative 1-7-2000 (Register 99, No. 50).
2.
Amendment of subsection (d)(10) filed 8-29-2000; operative 9-28-2000 (Register
2000, No. 35).
3. Amendment of subsections (a) and (c), new
subsections (c)(1)-(3) and amendment of subsection (g)(2) filed 7-22-2002;
operative 8-21-2002 (Register 2002, No. 30).
4. Amendment of
subsections (c)(2)-(3), new subsections (c)(3)(A)-(c)(3)(C)4.d. and amendment
of subsections (g)(2) and (g)(2)(A) filed 11-13-2006; operative 12-13-2006
(Register 2006, No. 46).
5. Amendment of subsections (a) and
(c)(1)-(3), new subsections (e)(10)-(e)(10)(C), subsection renumbering and
amendment of subsections (g)(2) and (g)(2)(A) filed 7-17-2009; operative
8-16-2009 (Register 2009, No. 29).
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.
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