California Code of Regulations › Title 13 - Motor Vehicles › 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 › Section 2169.2 - Notification of Owners

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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.