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 2110 - Remedial Action for Assembly-Line Quality Audit Testing of Less than a Full Calendar Quarter of Production Prior to the 2001 Model Year

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When this section is invoked prior to the
				  2001 model year pursuant to other sections of this article or Health and Safety
				  Code Section
				  43105,
				  the executive officer shall order the manufacturer to submit a remedial action
				  plan to bring all vehicles in possession of the manufacturer into compliance.
				  The manufacturer shall submit the plan within 30 calendar days after it
				  receives the order. The executive officer may order execution of the plan with
				  such changes and additions as he/she determines are necessary, including
				  additional testing and reporting, consistent with the applicable assembly-line
				  test procedures, to verify acceptability of the plan. The plan shall include a
				  schedule for implementing actions to be taken, including identified increments
				  of progress towards implementation, and deadlines for completing each such
				  increment. The executive officer may not order a recall pursuant to this
				  section.
(b) The manufacturer may,
				  within 20 calendar days of its receipt of order for remedial action, request a
				  public hearing of the state board on the necessity for or scope of any
				  corrective action ordered by the executive officer. Such a hearing shall be
				  held by the state board not less than 30 nor more than 60 calendar days after
				  receipt of the manufacturer's request for such a hearing. The plan ordered by
				  the executive officer shall remain in effect pending such hearing, unless
				  otherwise ordered by the executive officer.
(c) Failure by a manufacturer to carry out
				  all corrective actions ordered by the executive officer shall constitute a
				  violation of that order and of Health and Safety Code Section
				  43105.
				  The executive officer shall extend any deadline in the plan if he/she finds in
				  writing that a manufacturer has shown good cause for such extension. Each
				  vehicle required by the plan issued by the executive officer (including any
				  modifications made by him/her) to receive remedial action which does not
				  receive such action by the deadline(s) included in the plan shall constitute a
				  separate violation of the order and of Health and Safety Code Section
				  43106.
The state board may hold a public hearing to consider
					 whether approval of such vehicles shall be suspended or conditioned.
The state board shall hold such a hearing if requested to
					 do so by either the affected manufacturer or the executive officer.
After such hearing, the state board may suspend or
					 condition approval if it finds that the corrective action ordered by the
					 executive officer was reasonable and that the manufacturer failed to comply or
					 to comply within the specified time period.
1. New
					 section filed 5-4-76; effective thirtieth day thereafter (Register 76, No.
					 19).
2. Amendment filed 10-22-81; effective thirtieth day thereafter
					 (Register 81, No. 43).
3. Amendment filed 11-30-83; effective
					 thirtieth day thereafter (Register 83, No. 49).
4. Amendment of
					 section heading and subsection (a) filed 10-28-99; operative 11-27-99 (Register
					 99, No. 44).
Note: Authority cited: Sections
						39600,
						39601
						and
						43105,
						Health and Safety Code. Reference: Sections
						39002,
						39003,
						39500,
						43000,
						43016,
						43100-
						43102,
						43104
						and
						43106,
						Health and Safety Code.