California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 2 - Enforcement of Vehicle Emission Standards and Surveillance Testing › Article 2.1 - Procedures for in-Use Vehicle Voluntary and Influenced Recalls › Section 2112 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Capture rate"
				  means the percentage of in-use vehicles or trailers subject to recall which
				  must be corrected to bring the class or category of vehicles or trailers into
				  compliance. The number of vehicles or trailers subject to recall shall be based
				  on the actual number of vehicles or trailers in use as verified by the
				  Department of Motor Vehicles registration records, or vehicle, engine, or
				  trailer registration records compiled and prepared by R. L. Polk and Company or
				  a comparable source at the time a recall is initiated.
(b) "Correlation factor" means a
				  pollutant-specific multiplicative factor calculated by a manufacturer for an
				  engine family or test group which establishes a relationship between chassis
				  exhaust emission data, as determined from the test procedures specified in
				  section 1960.1,
				  1961,
				  1961.2, or
				  1961.4, Title 13, California Code
				  of Regulations, and engine exhaust emission data, as determined from the test
				  procedures specified in section
				  1956.8, Title 13, California Code
				  of Regulations.
(c) "Days", when
				  computing any period of time, means normal working days on which a manufacturer
				  is open for business, unless otherwise noted.
(d) "Emission-Related Failure" means a
				  failure of a device, system, or assembly described in the approved application
				  for certification which affects any parameter, specification, or component
				  enumerated in Appendix A to this subchapter 2.5 or in
				  40 CFR
				  1037.120, last amended on October 25, 2016,
				  incorporated by reference herein, or listed in the Emission Warranty Parts List
				  pursuant to section
				  2036, Title 13, California Code of
				  Regulations, except for failures of devices, systems and assemblies which the
				  Executive Officer has deleted from the manufacturer's list of warranted parts
				  pursuant to section
				  2036 (f), Title
				  13, California Code of Regulations.
(e) "Emission Warranty Claim" means an
				  adjustment, inspection, repair or replacement of a specific emission-related
				  component for which the vehicle, engine, or trailer manufacturer is invoiced or
				  solicited by a repairing agent for compensation pursuant to warranty
				  provisions, regardless of whether compensation is actually provided.
(f) "Executive Officer" means the Executive
				  Officer of the Air Resources Board or his or her authorized
				  representative.
(g) "Influenced
				  Emission Recall" means an inspection, repair, adjustment, or modification
				  program initiated and conducted by a manufacturer or its agent or
				  representative as a result of in-use enforcement testing or other evidence of
				  noncompliance provided or required by the Board, to remedy any nonconformity
				  for which direct notification of vehicle, engine, or trailer owners is
				  necessary.
(h) "Nonconformity" or
				  "noncompliance" exists whenever:
(1) a
				  substantial number of a class or category of vehicles, engines, or trailers,
				  although properly maintained and used, experience a failure of the same
				  emission-related component within their useful lives which, if uncorrected,
				  results in the vehicles', engines', or trailers' failure to meet the applicable
				  standards; or
(2) a class or
				  category of vehicles, engines, or trailers within their useful lives, although
				  properly maintained and used, on average does not comply with the emission
				  standards prescribed under section
				  43101
				  of the Health and Safety Code which are applicable to the model-year of such
				  vehicles, engines, or trailers.
(3)
				  a class or category of vehicles or engines within their useful lives, although
				  properly maintained and used, that do not comply with the in-use emission
				  standards specified in section
				  1956.8, title 13, California Code
				  of Regulations and "California Exhaust Emission Standards and Test Procedures
				  for 2004 and Subsequent Model Heavy-Duty Diesel Engines and Vehicles",
				  incorporated by reference in section
				  1956.8(b), title
				  13, California Code of Regulations.
(4) a class or category of vehicles or
				  engines within their useful lives, although properly maintained and used, that
				  do not comply with the in-use emission standards specified in section
				  1956.8, title 13, California Code
				  of Regulations and "California Exhaust Emission Standards and Test Procedures
				  for 2004 and Subsequent Model Heavy-Duty Otto-Cycle Engines and Vehicles",
				  incorporated by reference in section
				  1956.8(d), title
				  13, California Code of Regulations.