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§ 2419.1. Defect Warranty Requirements for Evaporative Emissions Control Systems of 2018 and La...

13 CA ADC § 2419.1BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

Barclays Official California Code of Regulations Currentness
Title 13. Motor Vehicles
Division 3. Air Resources Board
Chapter 9. Off-Road Vehicles and Engines Pollution Control Devices
Article 3. Off-Highway Recreational Vehicles and Engines (Refs & Annos)
13 CCR § 2419.1
§ 2419.1. Defect Warranty Requirements for Evaporative Emissions Control Systems of 2018 and Later Model Year Off-Highway Recreational Vehicles.
(a) The warranty period must begin on the date the OHRV is delivered to an ultimate purchaser.
(b) General Emissions Warranty Coverage.
The manufacturer of an OHRV must warrant to the ultimate purchaser and each subsequent purchaser that the OHRV is:
(1) Designed, built, and equipped so as to conform, at the time of sale, with all applicable laws, rules and regulations; and
(2) Free from defects in materials and workmanship that may cause the failure of a warranted part. All replacement parts must be identical in all material respects to that part as described in the OHRV manufacturer's Executive Order of Certification application.
(c) Warranty Period.
The warranty period applicable to this section is 30 months, or 2500 miles, or 250 hours, whichever comes first, except for “high-priced” warranty parts, which are covered for 60 months, or 5000 miles, or 500 hours, whichever comes first.
(1) Each OHRV manufacturer must identify in its Executive Order of Certification application the “high-priced” warranted parts which are:
(A) OHRV parts included on the Air Resources Board “Emissions Warranty Parts List,” dated December 14, 1978, as last amended on February 22, 1985, and incorporated herein by reference, and;
(B) Have an individual replacement cost at the time of certification exceeding the cost limit defined in subdivision (c)(3).
(2) The replacement cost must be the retail cost to an OHRV owner and include the cost of the part, labor, and standard diagnosis. The costs must be those of the highest-cost metropolitan area of California.
(3) The cost limit must be calculated using the following equation:
Cost limitn = $200 x (CPIn-2 / CPI2016)
Where,
• Cost limitn = the cost limit for the applicable model year of the OHRV rounded to the nearest ten dollars
• n = model year of the new OHRVs
• n-2 = calendar year two years prior to the model year of the new OHRVs
• CPI = annual average nationwide urban consumer price index for a calendar year published by the United States Bureau of Labor Statistics
(4) The cost limit may be revised annually by the Executive Officer. The highest-cost metropolitan area in California must be identified by the Executive Officer for use in this section. If a manufacturer seeks certification of an OHRV before the applicable annual average CPI is available, the cost limit must be calculated using the average of the monthly nationwide urban CPI figures for the most recent 12 month period for which figures have been published by the United States Bureau of Labor Statistics.
(5) Each OHRV manufacturer must submit to the Executive Officer the documentation used to identify the “high-priced” warranted parts required in this section. The documentation must include the estimated retail parts costs, labor rates in dollars per hour, and the labor hours necessary to diagnose and replace the parts.
(6) The Executive Officer may reject or require modification of the OHRV manufacturer's list of “high-priced” warranted parts to ensure that such list includes all emission-related parts whose replacement cost exceeds the cost limit defined in subdivision (c)(3).
(d) Subject to the conditions and exclusions of subdivision (i), the warranty on emissions-related parts must function as follows:
(1) Any warranted part which is not scheduled for replacement as part of maintenance in the written instructions pursuant to subdivision (e) must be warranted for the warranty period defined in subdivision (c). If any such part fails during the warranty period, it must be repaired or replaced by the OHRV manufacturer according to subdivision (d)(4). Any such part repaired or replaced under warranty must be fully warranted.
(2) Any warranted part which is scheduled only for regular inspection in the written instructions required by subdivision (e) must be warranted for the warranty period defined in subdivision (c). A statement in such written instructions to the effect of “repair or replace as necessary” must 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 which is scheduled for replacement as part of maintenance in the written instructions pursuant to subdivision (e) must be warranted for the period of time prior to the first scheduled replacement point for that part. If the part fails before the first scheduled replacement point, the part must be repaired or replaced by the OHRV manufacturer according to subdivision (d)(4). 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 no charge to the OHRV owner, at a warranty station, except in the case of a temporary repair when a warranted part or a warranty station is not reasonably available to the OHRV owner. In the event a temporary repair is permitted according to subdivision (d)(8), repairs may be performed at any available service establishment, or by the owner, using any replacement part. The OHRV manufacturer must reimburse the owner for his or her expenses including diagnostic charges for such temporary repair or replacement, not to exceed the OHRV manufacturer's suggested retail price for all warranted parts replaced and labor charges based on the OHRV manufacturer's recommended time allowance for the warranty repair and the geographically appropriate hourly labor rate.
(5) Notwithstanding the provisions of subdivision (d)(4), warranty services or repairs must be provided at all manufacturer dealerships that are owned by the manufacturer or franchised to service the subject OHRVs.
(6) The OHRV owner must not be charged for diagnostic labor which leads to the determination that a warranted part is, in fact, defective, provided that such diagnostic work is performed at a warranty station.
(7) The OHRV manufacturer is liable for damages to other vehicle components proximately caused by a failure, under warranty, of any warranted part.
(8) Throughout the OHRV's warranty period defined in subdivision (c), the OHRV manufacturer must maintain a supply of warranted parts sufficient to meet the expected demand for such parts. The lack of availability of such parts or the incompleteness of repairs within a reasonable time period, not to exceed 30 days from the time the OHRV is initially presented to the warranty station for repair, will qualify the need for a temporary repair for purposes of subdivision (d)(4).
(9) Any replacement part designated by an OHRV manufacturer may be used in warranty repairs provided without charge to the OHRV owner. Such use will not reduce the warranty obligations of the OHRV manufacturer, except that the OHRV manufacturer will not be liable under the provisions of this Article for repair or replacement of any replacement part which is not a warranted part (except as provided under subdivision (d)(7)).
(10) Any add-on or modified part exempted by the Air Resources Board from the prohibitions of section 27156 of the California Vehicle Code may be used on an OHRV. Such use, in and of itself, will not be grounds for disallowing a warranty claim made under the provisions of this Article. The OHRV manufacturer is not liable under the provisions of this Article to warrant failures of warranted parts caused by the use of an add-on or modified part(s) unless such part(s) are also warranted.
(11) Upon a request of the Executive Officer, the OHRV manufacturer must provide any documents that describe the manufacturer's warranty procedures or policies.
(12) Any replacement part must not reduce the effectiveness of the OHRV emission control system. An OHRV manufacturer must demonstrate that the applicable emission standards are being met when the replacement part(s) are installed on the OHRV. The demonstration of equivalence to applicable emission standards can be achieved through replacing the part(s) with the evaporative emissions control components the OHRV evaporative family was certified with; or, if unavailable, alternative parts may be installed if the OHRV manufacturer can provide test data to verify the evaporative control system meets, at least, the OHRV EFEL.
(e) Commencing with the 2018 model year, each manufacturer must furnish with each new OHRV written instructions for the maintenance and use of the OHRV by the owner.
(f) Commencing with the 2018 model year, the manufacturer must furnish with each new OHRV, a list of the warranted parts installed on that vehicle. The list must include those parts included on the Air Resources Board “Emissions Warranty Parts List,” incorporated by reference in subdivision (c)(1)(A).
(g) Each OHRV manufacturer must submit the documents required by subdivisions (e) and (f) with the OHRV manufacturer's preliminary Executive Order of Certification application for approval by the Executive Officer. The Executive Officer may disapprove or require modification of the OHRV manufacturer's list of warranted parts to ensure that each such list is of proper scope. The Executive Officer may also disapprove or require modification of any of the documents required by subdivision (e). Approval by the Executive Officer of the documents required by subdivisions (e) and (f) is a condition of certification.
(h) Notwithstanding subdivision (f), the Executive Officer may delete any part from an OHRV manufacturer's list of warranted parts if the OHRV manufacturer demonstrates to the Executive Officer that:
(1) Failure of such part will not increase the emissions of any OHRV on which it is installed, and
(2) Any deterioration of drivability or performance which results from failure of the part could not be corrected by adjustments or modifications to other OHRV components.
(i) Exclusions.
The repair or replacement of any warranted part otherwise eligible for warranty coverage under subdivision (d), is excluded from such warranty coverage if the OHRV manufacturer can provide evidence to the Executive Officer, to the Executive Officer's satisfaction, that the OHRV has been abused, neglected, improperly maintained, or had unapproved modifications and that such abuse, neglect, improper maintenance, or unapproved modification, was the direct cause of the need for the repair or replacement of the part.
Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43105, 43107, 43205.5, 43210 and 43824, Health and Safety Code. Reference: Sections 43013, 43018, 43105, 43106, 43107, 43205, 43205.5, 43210 and 43824, Health and Safety Code: and Section 27156, California Vehicle Code.
HISTORY
1. New section filed 12-17-2014; operative 4-1-2015 (Register 2014, No. 51).
This database is current through 7/29/22 Register 2022, No. 30
13 CCR § 2419.1, 13 CA ADC § 2419.1
End of Document