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 2126 - Approval and Implementation of Recall Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the Executive Officer finds that the
				  recall plan is designed effectively to correct the nonconformity and complies
				  with the provisions of section
				  2125, he or she will so notify the
				  manufacturer in writing. Upon receipt of the approval notice from the Executive
				  Officer, the manufacturer shall commence implementation of the approved plan.
				  Notification of vehicle, engine, or trailer owners and the implementation of
				  recall repairs shall commence within 45 days of the receipt of notice unless
				  the manufacturer can show good cause for the Executive Officer to extend the
				  deadline.
(b) If the Executive
				  Officer does not approve the recall plan or the mitigation measures provided in
				  section 2130 as submitted, the Executive
				  Officer shall order modification of the plan or mitigation measures with such
				  changes and additions as he or she determines to be necessary. The Executive
				  Officer shall notify the manufacturer in writing of the disapproval and the
				  reasons for the disapproval.
(c)
				  The manufacturer may contest the Executive Officer's disapproval by requesting
				  a public hearing pursuant to the procedures set forth in sections
				  60040 to
				  60053, title 17, California Code
				  of Regulations. As a result of the hearing, the Board may affirm, overturn or
				  modify the Executive Officer's action. In its decision, affirming or modifying,
				  the Board shall specify the date by which the manufacturer shall commence
				  notifying vehicle, engine, or trailer owners and implementing the required
				  recall repairs.
(d) If no public
				  hearing is requested in accordance with (c) above, the manufacturer shall
				  incorporate the changes and additions required by the Executive Officer and
				  shall commence notifying vehicle, engine, or trailer owners and implementing
				  the required recall repairs within 60 days of the manufacturer's receipt of the
				  Executive Officer's disapproval.
1.
					 Renumbering and amendment of text previously incorporated by reference in
					 Section 2113 to Section
					 2126 filed 1-24-90; operative
					 2-23-90 (Register 90, No. 8). For prior history, see Registers 86, No. 38 and
					 83, No. 17.
2. Amendment of NOTE filed 1-26-95; operative 1-26-95
					 pursuant to Government Code section
					 11343.4(d)
					 (Register 95, No. 4). Note: Under section
					 209(e)(2) of the
					 Federal Clean Air Act (42
					 U.S.C. §
												7543(e)(2)),
					 California is required to receive authorization from the Administrator of the
					 U.S. Environmental Protection Agency (U.S. EPA) prior to enforcing its
					 regulations regarding new off-road vehicles and engines. Accordingly, the Air
					 Resources Board will not seek to enforce the off-highway recreational vehicle
					 regulations until such time as it receives authorization from the U.S.
					 EPA.
3. Amendment of section and NOTE filed 12-22-2021; operative
					 4-1-2022 (Register 2021, No. 52). Transmission deadline specified in Government
					 Code section
					 11346.4(b)
					 extended 60 calendar days pursuant to Executive Order N-40-20. Filing deadline
					 specified in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
					 60 calendar days pursuant to Executive Order
					 N-71-20.
Note: Authority cited: Sections
						38501,
						38505,
						38510,
						38560,
						39600,
						39601,
						43013,
						43018
						and
						43105,
						Health and Safety Code. Reference: Health and Safety Code Sections
						38501,
						38505,
						38510,
						38560,
						43000,
						43009.5,
						43013,
						43018,
						43101,
						43104,
						43105,
						43106,
						43107
						and
						43204-
						43205.5,
						Health and Safety Code.