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§ 2127. Notification of Owners.

13 CA ADC § 2127Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 13. Motor Vehicles (Refs & Annos)
Division 3. Air Resources Board
Chapter 2. Enforcement of Vehicle Emission Standards and Surveillance Testing
Article 2.2. Procedures for in-Use Vehicle Ordered Recalls
13 CCR § 2127
§ 2127. Notification of Owners.
Currentness
(a) Notification to vehicle, engine, or trailer owners shall be made by first class mail or by such other means as approved by the Executive Officer provided, that for good cause, the Executive Officer may require the use of certified mail to ensure an effective notification.
(b) The manufacturer shall use all reasonable means necessary to locate vehicle, engine, or trailer owners provided, that for good cause, the Executive Officer may require the manufacturer to use motor vehicle or trailer registration lists available from State or commercial sources to obtain the names and addresses of vehicle, engine, or trailer owners to ensure effective notification.
(c) The Executive Officer may require subsequent notification by the manufacturer to vehicle, engine, or trailer owners by first class mail or other reasonable means provided, that for good cause, the Executive Officer may require the use of certified mail to ensure effective notification.
(d) The notification of vehicle, engine, or trailer owners shall contain the following:
(1) The statement: “the California Air Resources Board has determined that your (vehicle, engine, or trailer) (is or may be) releasing air pollutants which exceed (California or California and Federal) standards. These standards were established to protect your health and welfare from the dangers of air pollution.”
(2) A statement that the nonconformity of any such vehicles, engines, or trailers will be remedied at the expense of the manufacturer.
(3) A statement that eligibility may not be denied solely on the basis that the vehicle, engine, or trailer owner used parts not manufactured by the original equipment vehicle or trailer manufacturer, or had repairs performed by outlets other than the vehicle, engine, or trailer manufacturer's franchised dealers.
(4) A clear description of the components which will be affected by the recall action and a general statement of the measures to be taken to correct the nonconformity.
(5) A statement that such nonconformity, if not repaired, may cause the vehicle, engine, or trailer to fail an emission inspection or Smog Check test when such tests are required under State law.
(6) A description of the adverse effects, if any, that an uncorrected nonconformity would have on the performance, fuel economy, or driveability of the vehicle, engine, or trailer or to the function of other engine components.
(7) A description of the procedure which the vehicle, engine, or trailer owner should follow to obtain correction of the nonconformity including the date on or after which the owner can have the nonconformity remedied, the time reasonably necessary to correct the nonconformity, and a designation of the facilities at which the nonconformity can be remedied.
(8) After the effective date of the recall enforcement program referred to in section 2117, above, a statement that a certificate showing that the vehicle or trailer has been repaired under the recall program shall be issued by the service facilities and that such a certificate may be required as a condition of vehicle or trailer registration or operation, as applicable.
(9) A card to be used by a vehicle, engine, or trailer owner in the event the vehicle, engine, or trailer to be recalled has been sold. Such card should be addressed to the manufacturer, have postage paid, and shall provide a space in which the owner may indicate the name and address of the person to whom the vehicle, engine, or trailer was sold.
(10) The statement: “In order to ensure your full protection under the emission warranty made applicable to your (vehicle, engine, or trailer) by State or Federal law, and your right to participate in future recalls, it is recommended that you have your (vehicle, engine, or trailer) serviced as soon as possible. Failure to do so could be determined to be a lack of proper maintenance of your (vehicle, engine, or trailer).” This statement is not required for off-road motorcycles or all-terrain vehicles.
(11) A telephone number provided by the manufacturer, which may be used to report difficulty in obtaining recall repairs.
(e) The manufacturer shall not condition eligibility for repair on the proper maintenance or use of the vehicle or trailer except for strong or compelling reasons and with approval of the Executive Officer; however, the manufacturer shall not be obligated to repair a component which has been removed or altered so that the recall action cannot be performed without additional cost.
(f) No notice sent pursuant to section 2125(b)(8), above, nor any other communication sent to vehicle, engine, or trailer owners or dealers shall contain any statement, express or implied, that the nonconformity does not exist or will not degrade air quality.
(g) The manufacturer shall be informed of any other requirements pertaining to the notification under this section which the Executive Officer has determined are reasonable and necessary to ensure the effectiveness of the recall campaign.

Credits

Note: Authority cited: Sections 38501, 38505, 38510, 38560, 39600, 39601, 43013, 43018 and 43105, Health and Safety Code. Reference: Health and Safety Code Sections 38501, 38505, 38510, 38560, 43000, 43009.5, 43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health and Safety Code.
History
1. Renumbering and amendment of text previously incorporated by reference in Section 2113 to Section 2127 filed 1-24-90; operative 2-23-90 (Register 90, No. 8). For prior history, see Registers 86, No. 38 and 83, No. 17.
2. Amendment of subsection (d)(10) and Note filed 1-26-95; operative 1-26-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 4). Note: Under section 209(e)(2) of the Federal Clean Air Act (42 U.S.C. § 7543(e)(2)), California is required to receive authorization from the Administrator of the U.S. Environmental Protection Agency (U.S. EPA) prior to enforcing its regulations regarding new off-road vehicles and engines. Accordingly, the Air Resources Board will not seek to enforce the off-highway recreational vehicle regulations until such time as it receives authorization from the U.S. EPA.
3. Amendment of section and Note filed 12-22-2021; operative 4-1-2022 (Register 2021, No. 52). Transmission deadline specified in Government Code section 11346.4(b) extended 60 calendar days pursuant to Executive Order N-40-20. Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 13, § 2127, 13 CA ADC § 2127
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