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§ 2169.2. Notification of Owners.

13 CA ADC § 2169.2Barclays 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 § 2169.2
§ 2169.2. Notification of Owners.
Currentness
(a) Manufacturers shall notify vehicle or engine owners of a recall or other corrective action by first class mail or by such other means as approved by the Executive Officer. 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 or engine owners. For good cause, the Executive Officer may require the manufacturer to use motor vehicle registration lists available from commercial sources to obtain the names and addresses of vehicle or engine owners to ensure effective notification.
(c) The Executive Officer may require subsequent notification by the manufacturer to vehicle or engine owners by first class mail or other reasonable means. For good cause, the Executive Officer may require the use of certified mail to ensure effective notification.
(d) The notification of vehicle or engine owners shall contain the following:
(1) The statement: “The California Air Resources Board has determined that your (vehicle or engine) has an emission control component problem that requires corrective action.”
(2) A statement that the nonconformity of any such vehicles or engines will be remedied at the expense of the manufacturer.
(3) A statement explaining that vehicle owners will be reimbursed if they paid out of pocket to have the nonconformity remedied.
(4) A statement that eligibility may not be denied solely on the basis that the vehicle or engine owner used parts not manufactured by the original equipment manufacturer, or had repairs performed by outlets other than the vehicle or engine manufacturer's franchised dealers.
(5) A clear description of the components that will be affected by the recall or other corrective action and a general statement of the measures to be taken to correct the nonconformity.
(6) A statement that such nonconformity, if not repaired, may cause the vehicle or engine to fail emission tests required under state law.
(7) A description of the adverse effects, if any, that an uncorrected nonconformity would have on the performance, fuel economy, or driveability of the vehicle or engine or to the function of other engine components.
(8) A description of the procedure that the vehicle or engine 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.
(9) A statement that a certificate showing that the vehicle or engine 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 registration or operation, as applicable.
(10) A card to be used by a vehicle or engine owner in the event the vehicle or engine 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 or engine was sold.
(11) The statement: “In order to ensure your full protection under the emission warranty made applicable to your (vehicle or engine) by State law, and your right to participate in future recalls, it is recommended that you have your (vehicle or engine) serviced as soon as possible. Failure to do so could be determined to be a lack of proper maintenance of your (vehicle or engine).”
(12) 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 engine 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 2169(b)(8), above, nor any other communication sent to vehicle or engine 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, 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, § 2169.2, 13 CA ADC § 2169.2
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