California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 2 - Enforcement of Vehicle Emission Standards and Surveillance Testing › Article 2 - Enforcement of New and in-Use Vehicle Standards › Section 2101 - Compliance Testing and Inspection-New Vehicle Selection, Evaluation, and Enforcement Action

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  executive officer may, with respect to any new vehicle engine family, test
				  group or subgroup being sold, offered for sale, or manufactured for sale in
				  California, order a vehicle manufacturer to make available for compliance
				  testing and/or inspection a reasonable number of vehicles, and may direct that
				  the vehicles be delivered to the state board at the Haagen-Smit Laboratory,
				  9528 Telstar Avenue, El Monte, California. Vehicles shall be selected at random
				  from sources specified by the executive officer according to a method approved
				  by him/her, which insofar as practical shall exclude (1) vehicles manufactured
				  pursuant to the specific order of an ultimate purchaser or (2) vehicles the
				  selection of which, if not excluded, would result in an unreasonable disruption
				  of the manufacturer's distribution system.
A subgroup may be selected for compliance testing only if
					 the executive officer has reason to believe that the emissions characteristics
					 of that subgroup are substantially in excess of the emissions of the engine
					 family or test group as a whole.
(b) If the vehicles are selected for
				  compliance testing, the selection and testing of vehicles and the evaluation of
				  data shall be made in accordance with the "California New Vehicle Compliance
				  Test Procedures," adopted by the state board on June 24, 1976 and last amended
				  August 5, 1999. Testing of passenger cars and light-duty-trucks certified to
				  the low-emission and ultra-low-emission exhaust standards to determine
				  compliance with the Supplemental Federal Test Procedure emission standards
				  shall commence in the 2002 model year. Motorcycles scheduled for compliance
				  testing shall be selected, tested, and evaluated in accordance with the
				  "California New Motorcycle Compliance Test Procedures," adopted by the state
				  board on June 30, 1977, and amended November 24, 1981.
(c) If the executive officer determines, in
				  accordance with the "California New Vehicle Compliance Test Procedures," or the
				  "California New Motorcycle Compliance Test Procedures" that an engine family,
				  test group, or any subgroup within an engine family or test group, exceeds the
				  emission standards for one or more pollutants, the executive officer shall
				  notify the manufacturer and may invoke Section
				  2109. Prior to invoking Section
				  2109, the executive officer shall
				  consider quality audit test results, if any, and any additional test data or
				  other information provided by the manufacturer.
(d) Vehicles selected for inspection shall be
				  checked to verify the presence of those emissions-related components specified
				  in the manufacturer's application for certification, and for the accuracy of
				  any adjustments, part numbers and labels specified in that application. If any
				  vehicle selected for inspection fails to conform to any applicable law in Part
				  5 (commencing with Section
				  43000) of Division 26 of the
				  Health and Safety Code, or any regulation adopted by the state board pursuant
				  thereto, other than an emissions standard applied to new vehicles to determine
				  "certification" as specified in Subchapter 1, Article 2 of this Chapter and an
				  assembly-line test procedure specified in Subchapter 2, Article 1 of this
				  Chapter, the executive officer shall notify the manufacturer and may invoke
				  Section 2109. Prior to invoking Section
				  2109, the executive officer shall
				  consider any information provided by the manufacturer.
1. Amendment
					 filed 3-6-74; effective thirtieth day thereafter (Register 74, No.
					 10).
2. Amendment filed 7-16-76; effective thirtieth day thereafter
					 (Register 76, No. 29).
3. Amendment filed 8-1-77; effective
					 thirtieth day thereafter (Register 77, No. 32).
4. Amendment of
					 subsection (b) filed 5-31-79; effective thirtieth day thereafter (Register 79,
					 No. 22).
5. Amendment of subsection (b) filed 12-29-81; effective
					 thirtieth day thereafter (Register 82, No. 1).
6. Amendment of
					 section heading and subsection (a) filed 4-18-83; effective thirtieth day
					 thereafter (Register 83, No. 17).
7. Amendment filed 11-30-83;
					 effective thirtieth day thereafter (Register 83, No. 49).
8.
					 Amendment of subsection (b) and NOTE filed 9-23-96; operative 10-23-96
					 (Register 96, No. 39).
9. Amendment of section and NOTE filed
					 7-17-98; operative 8-16-98 (Register 98, No. 29).
10. Amendment of
					 subsections (a)-(c) filed 10-28-99; operative 11-27-99 (Register 99, No.
					 44).
Note: Authority cited: Sections
						39600,
						39601
						and
						43104,
						Health and Safety Code. Reference: Sections
						39002,
						39003,
						39500,
						43000,
						43106,
						43202,
						43210,
						43211
						and
						43212,
						Health and Safety Code.