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 2109 - New Vehicle Recall Provisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  When this section is invoked pursuant to other sections of this article or
				  Health and Safety Code Section
				  43105,
				  the executive officer shall require the manufacturer to submit a plan within 30
				  calendar days of receipt of the invocation order to bring all vehicles into
				  compliance. The executive officer shall order execution of the plan with such
				  changes and additions as he/she determines to be necessary. The plan may
				  include measures to identify the cause of vehicle noncompliance and to correct
				  noncomplying conditions, correction of vehicles under manufacture, correction
				  of vehicles in the possession or control of the manufacturer and dealers, and
				  correction of vehicles in the possession of consumers (by correction upon
				  service whether or not by warranty, by correction following notification of
				  recall by mail, or by correction following efforts actively to locate and
				  correct all such vehicles). The plan may include the temporary cessation of
				  sales to dealers by the manufacturer and efforts by the manufacturer to prevent
				  the sale of vehicles in possession or control of dealers, until the vehicles
				  are corrected. The executive officer may order any one or more of the foregoing
				  actions, or any other action reasonably necessary to bring all vehicles into
				  compliance.
(b) The plan shall
				  specify the percentage of vehicles subject to recall which must actually be
				  corrected.
If, after good faith efforts, the manufacturer cannot
					 correct the percentage of vehicles specified in the plan by the applicable
					 deadlines, the manufacturer may request the executive officer to modify the
					 percentage of vehicles specified in the plan, setting out in full the good
					 faith efforts of the manufacturer to comply with the original plan, and the
					 reasons it has been unable to comply. The executive officer shall, on the basis
					 of this request, modify the percentage of vehicles which must actually be
					 corrected if he/she finds in writing that the manufacturer has made a good
					 faith effort and has shown good cause for the modification. If the manufacturer
					 so requests, the plan shall specify the maximum incentives (such as a tune-up
					 or specified quantity of gasoline), if any, the manufacturer must offer to
					 vehicle owners to induce them to present their vehicles for repair, as a
					 condition of showing that the manufacturer has made a good faith effort to
					 repair the percentage of vehicles specified in the plan. The plan shall also
					 include a schedule for implementing actions to be taken, including identified
					 increments of progress towards implementation and deadlines for completing each
					 such increment.
(c) If a
				  vehicle is recalled pursuant to this section, the manufacturer shall make all
				  necessary corrections specified in the plan without charge to the registered
				  owner of the vehicle or, at the manufacturer's election, shall reimburse the
				  registered owner for all costs (except incidental and consequential damages) of
				  making such necessary corrections.
The term "all costs" shall not include incidental or
					 consequential damages, except that the manufacturer shall reimburse the
					 registered owner for any damage to the vehicle's emissions control system
					 proximately caused by a defect subject to a recall action under this subsection
					 or an action by a manufacturer taken pursuant to a plan under this
					 subsection.
(d) If the plan
				  ordered by the executive officer pursuant to this subsection includes a recall,
				  the manufacturer may, within 20 calendar days of its receipt of the plan
				  ordered by the executive officer, notify the executive officer of its desire to
				  contest the necessity for or scope of that order. Any such notification shall
				  specify the basis of the manufacturer's objections. Upon receipt of such
				  notification, the executive officer shall stay the recall until the state board
				  affords the manufacturer the opportunity, at a public hearing to be scheduled
				  no less than 30 calendar days and no more than 60 calendar days after receipt
				  of such notification, to present evidence in support of its objections.
A stay of a recall shall not, unless otherwise ordered,
					 stay any other portion of a plan required herein or any other order issued
					 pursuant to this article.
The manufacturer may, within 20 calendar days of its
					 receipt of the plan ordered by the executive officer, request a public hearing
					 of the state board on the necessity for or scope of any other corrective action
					 ordered by the executive officer. Such a hearing shall be held by the state
					 board not less than 30 and no 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.
(e) Failure by a manufacturer to carry out
				  all corrective actions or recall actions ordered by the executive officer
				  pursuant to Section
				  2106 or to subsection (a) of this
				  section according to the schedule included in the plan 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.
If the manufacturer fails to correct the percentage of
					 vehicles subject to recall specified in the recall plan issued by the executive
					 officer (including any modifications made by him/her), by the deadline(s)
					 included in that plan, each vehicle included in the number of vehicles by which
					 the manufacturer falls short of such percentage shall constitute a separate
					 violation of the order and of Health and Safety Code Section
					 43016.
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 the 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. Amendment
					 filed 4-17-74; effective thirtieth day thereafter (Register 74, No.
					 16).
2. Amendment filed 2-20-75 as an emergency; effective thirtieth
					 day thereafter (Register 75, No. 8).
3. Amendment filed 5-20-75;
					 effective thirtieth day thereafter (Register 75, No. 21).
4.
					 Amendment filed 10-22-81; effective thirtieth day thereafter (Register 81, No.
					 43).
5. Amendment of section heading filed 4-18-83; effective
					 thirtieth day thereafter (Register 83, No. 17).
6. Amendment filed
					 11-30-83; effective thirtieth day thereafter (Register 83, No.
					 49).
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.