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§ 2169. Required Recall or Corrective Action Plan.

13 CA ADC § 2169Barclays 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 5. Procedures for Reporting Failures of Emission-Related Equipment and Required Corrective Action
13 CCR § 2169
§ 2169. Required Recall or Corrective Action Plan.
(a) A manufacturer shall submit a recall or corrective action plan to the Chief, Emissions Certification and Compliance Division, 4001 Iowa Ave, Riverside, CA 92507, no more than 90 days after the corrective action threshold specified in section 2143 has been exceeded.
(b) A recall or corrective action plan must contain the following elements:
(1) A description of each class or category of vehicles or engines to be recalled or subject to corrective action, including the engine family, test group, or sub-group thereof, model year, make, model, and such other information as may be required to identify the vehicles or engines to be recalled or subjected to corrective action.
(2) A description of the nonconformity and the specific modifications, alterations, repairs, corrections, adjustments or other changes to be made to bring the vehicles or engines into conformity with the requirements of this article including a brief summary of the data and technical studies that support the manufacturer's decision regarding the specific corrections to be made.
(3) A description of the method by which the manufacturer will determine the names and addresses of vehicle or engine owners and the method by which they will be notified.
(4) A description of the procedure to be followed by vehicle or engine owners 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 perform the labor required to correct the nonconformity, and the designation of facilities at which the nonconformity can be remedied. The repair shall be completed within a reasonable time designated by the Executive Officer from the date the owner delivers the vehicle or engine for repair. This requirement becomes applicable on the date designated by the manufacturer as the date on or after which the owner can have the nonconformity remedied.
(5) If some or all of the nonconforming vehicles or engines are to be remedied by persons other than dealers or authorized warranty agents of the manufacturer, a description of such class of persons and a statement indicating that the participating members of the class will be properly equipped to perform such remedial action.
(6) A copy of the letter of notification to be sent to vehicle or engine owners.
(7) A description of the system by which the manufacturer will ensure that an adequate supply of parts will be available to perform the repair under the recall or corrective action plan including the date by which an adequate supply of parts will be available to initiate the repair campaign, and the method to be used to assure the supply remains both adequate and responsive to owner demand.
(8) A copy of all necessary instructions to be sent to those persons who are to perform the repair under the recall or corrective action plan.
(9) Any other information, reports, or data that the Executive Officer may reasonably determine to be necessary to evaluate the recall plan or other corrective action including, but not limited to, a description of the impact of the proposed repairs or adjustments on fuel economy, drivability, performance, and safety of each class or category of vehicles or engines to be recalled and a brief summary of the data, technical studies, or engineering evaluations that support these descriptions.

Credits

Note: Authority cited: Sections, 39500, 39600, 39601, 43000.5, 43013, 43018, 43204, 43205.5 and 43214, Health and Safety Code. Engine Mfrs Assn v. California Air Resources Board, (2014) 231 Cal. App.4th 1022. Reference: Sections 43000, 43100, 43101, 43102, 43106, 43107 and 43806, Health and Safety Code.
History
1. New section 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, § 2169, 13 CA ADC § 2169
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