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§ 2209.10. Requirements for Specially-Produced Motor Vehicle Manufacturers Who Install Certifie...

13 CA ADC § 2209.10Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 13. Motor Vehicles (Refs & Annos)
Division 3. Air Resources Board
Chapter 4. Criteria for the Evaluation of Motor Vehicle Pollution Control Devices and Fuel Additives
Article 1.4. Light-Duty Engine Packages for Use in New Light-Duty Specially-Produced Motor Vehicles
13 CCR § 2209.10
§ 2209.10. Requirements for Specially-Produced Motor Vehicle Manufacturers Who Install Certified Engine Packages for Use in Specially-Produced Motor Vehicles.
(a) Applicability.
This section shall apply to an SPMV manufacturer of 2019 and subsequent model year SPMVs.
(b) Requirements.
(1) Affidavit. A SPMV manufacturer must sign and date the affidavit provided by the engine manufacturer, as required in section 2209.4.(l), confirming under penalty of perjury that the certified engine package has been installed into an SPMV per the engine manufacturer's written instructions. The signed and dated affidavit must be submitted to the engine manufacturer and a copy must be submitted to the ultimate purchaser.
(2) Record Keeping. The SPMV manufacturer must maintain written and photographic records, for not less than two years, of each vehicle built with a certified engine package. Upon the request of CARB, SPMV manufacturer must immediately provide records documenting the proper assembly of each SPMV.
(c) Installation Warranty.
Each SPMV manufacturer who installs a certified engine package for use in an SPMV shall warrant to the SPMV owner that the certified engine package was installed per the engine manufacturer's instructions.
(1) The SPMV manufacturer shall install the certified engine package in a configuration certified pursuant to this article, and shall agree to indemnify the ultimate purchaser for the cost of repair of any SPMV as a result of an improper installation of the certified engine package or ECS.
(2) The SPMV manufacturer shall agree to indemnify the ultimate purchaser for any penalties that may be imposed as a result of an improper installation of the certified engine package or ECS.
(3) The warranties and agreements to indemnify shall be effective for 1 year or 12,000 miles, from the date of installation, whichever first occurs. This warranty shall cover customer service and the full repair or replacement costs including the cost of diagnosis, labor, and parts, including any part on the certified engine package or ECS that is damaged due to the improper installation of the certified engine package or ECS.
(d) The SPMV manufacturer shall warrant the SPMV owner that the supplied and installed fuel tank assembly, fuel filler neck, gas cap, fuel hoses, fuel pump, and fuel sender unit:
(1) Is designed, built, and equipped so as to conform with all applicable regulations adopted by the CARB pursuant to its authority in chapters 1 and 2, part 5, division 26 of the Health and Safety Code.
(2) Is free from defects in materials and workmanship which cause the failure of a warranted part, including any defect in materials or workmanship which would cause the certified engine package's on-board diagnostic malfunction indicator light to illuminate, for a period of three years or 50,000 miles, whichever first occurs.
(e) “High-Priced” Warranted Parts.
(1) Each SPMV manufacturer shall identify in its application for certification the “high-priced” warranted parts which are:
(A) Subject to coverage as a warranted part in subsection (d)(2) above; and
(B) Have an individual replacement cost at the time of certification exceeding the cost limit defined in subsection (e)(3) below.
(2) The replacement cost shall be the retail cost to the ultimate purchaser of a certified engine package and includes the cost of the part, labor, and standard diagnosis. The costs shall be those of the highest-cost metropolitan area of California.
(3) The cost limit shall be the same value calculated for new light-duty vehicles according to section 13 CCR section 2037(c).

Credits

Note: Authority cited: Sections 39600, 39601, 43000, 43100, 43101, 43102, 43104 and 43105, Health and Safety Code. Reference: Sections 39002, 39003, 43000, 43100, 43101, 43102, 43104, 43105, 43106 and 43205, Health and Safety Code; and Section 580, Vehicle Code.
History
1. New section filed 8-5-2019; operative 10-1-2019 (Register 2019, No. 32).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 13, § 2209.10, 13 CA ADC § 2209.10
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