California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 2 - Enforcement of Vehicle Emission Standards and Surveillance Testing › Article 2.2 - Procedures for in-Use Vehicle Ordered Recalls › Section 2127 - Notification of Owners

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Notification to vehicle, engine, or trailer owners shall be made by first class
				  mail or by such other means as approved by the Executive Officer provided, that
				  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, engine, or trailer owners provided, that for
				  good cause, the Executive Officer may require the manufacturer to use motor
				  vehicle or trailer registration lists available from State or commercial
				  sources to obtain the names and addresses of vehicle, engine, or trailer owners
				  to ensure effective notification.
(c) The Executive Officer may require
				  subsequent notification by the manufacturer to vehicle, engine, or trailer
				  owners by first class mail or other reasonable means provided, that for good
				  cause, the Executive Officer may require the use of certified mail to ensure
				  effective notification.
(d) The
				  notification of vehicle, engine, or trailer owners shall contain the following:
(1) The statement: "the California Air
				  Resources Board has determined that your (vehicle, engine, or trailer) (is or
				  may be) releasing air pollutants which exceed (California or California and
				  Federal) standards. These standards were established to protect your health and
				  welfare from the dangers of air pollution."
(2) A statement that the nonconformity of any
				  such vehicles, engines, or trailers will be remedied at the expense of the
				  manufacturer.
(3) A statement that
				  eligibility may not be denied solely on the basis that the vehicle, engine, or
				  trailer owner used parts not manufactured by the original equipment vehicle or
				  trailer manufacturer, or had repairs performed by outlets other than the
				  vehicle, engine, or trailer manufacturer's franchised dealers.
(4) A clear description of the components
				  which will be affected by the recall action and a general statement of the
				  measures to be taken to correct the nonconformity.
(5) A statement that such nonconformity, if
				  not repaired, may cause the vehicle, engine, or trailer to fail an emission
				  inspection or Smog Check test when such tests are required under State
				  law.
(6) A description of the
				  adverse effects, if any, that an uncorrected nonconformity would have on the
				  performance, fuel economy, or driveability of the vehicle, engine, or trailer
				  or to the function of other engine components.
(7) A description of the procedure which the
				  vehicle, engine, or trailer 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.
(8) After the
				  effective date of the recall enforcement program referred to in section
				  2117, above, a statement that a
				  certificate showing that the vehicle or trailer 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 or trailer registration
				  or operation, as applicable.
(9) A
				  card to be used by a vehicle, engine, or trailer owner in the event the
				  vehicle, engine, or trailer 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, engine, or trailer was sold.
(10) The statement: "In order to ensure your
				  full protection under the emission warranty made applicable to your (vehicle,
				  engine, or trailer) by State or Federal law, and your right to participate in
				  future recalls, it is recommended that you have your (vehicle, engine, or
				  trailer) serviced as soon as possible. Failure to do so could be determined to
				  be a lack of proper maintenance of your (vehicle, engine, or trailer)." This
				  statement is not required for off-road motorcycles or all-terrain
				  vehicles.
(11) A telephone number
				  provided by the manufacturer, which may be used to report difficulty in
				  obtaining recall repairs.