California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 9 - Off-Road Vehicles and Engines Pollution Control Devices › Article 4.5 - Off-Road Large Spark-Ignition Engines › Section 2435 - Defects Warranty Requirements for 2001 and Later off-Road Large Spark-Ignition Engines

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Applicability. This section applies to new 2001 and later model year off-road
				  large spark-ignition engines with engine displacement greater than 1.0 liter
				  that are certified to the applicable emission standards pursuant to Section
				  2433(b). The
				  warranty period begins on the date the engine or equipment is delivered to an
				  ultimate purchaser. The use of alternative fuels must not void the warranties
				  on any engine certified to use such fuel. 2002 and later model year off-road
				  LSI engines with engine displacement less than or equal to 1.0 liter must
				  comply with the applicable warranty requirements set forth in the California
				  Code of Regulations, Title 13, Section
				  2405.
(b) General Emissions Warranty Coverage. The
				  manufacturer of each off-road large spark-ignition engine must warrant to the
				  ultimate purchaser and each subsequent purchaser that the engine is:
(1) Designed, built, and equipped so as to
				  conform with all applicable regulations adopted by the Air Resources Board
				  pursuant to its authority in Chapters 1 and 2, Part 5, Division 26 of the
				  Health and Safety Code; and
(2)
				  Free from defects in materials and workmanship which cause the failure of a
				  warranted part to be identical in all material respects to the part as
				  described in the engine manufacturer's application for certification for a
				  period of:
(A) 2 years or 1,500 hours,
				  whichever occurs first, for 2001-2003 model year certified engines having
				  engine displacement greater than 1.0 liter.
(B) 3 years or 2,500 hours, whichever occurs
				  first, for 2004 and later model year engines having engine displacement greater
				  than 1.0 liter.
(3) Free
				  from defects in materials and workmanship which cause the failure of a
				  high-cost warranted part to be identical in all material respects to the part
				  as described in the engine manufacturer's application for certification for
				  2004 and later model year engines having engine displacements greater than 1.0
				  liter, for a period of five years or 3,500 hours of operation, whichever occurs
				  first.
(A) Each manufacturer shall identify in
				  its application for certification the "high-priced" warranted parts which (i)
				  are included on the Board's "Emission Warranty Parts List" as last amended
				  February 22, 1985, incorporated herein by reference, and (ii) have an
				  individual replacement cost, at the time of certification, exceeding the cost
				  limit defined in subsection (B). The replacement cost shall include the cost of
				  the part, labor and standard diagnosis. The costs shall be those of the
				  highest-cost metropolitan area of California.
(B) The dollar value of a high cost part
				  shall be based on the following formula:
Cost Limitn=$300 * ( CPI
					 n-2 /118.3)
where,
Cost Limitn is the cost limit for
					 the applicable model year of the engine rounded to the nearest ten dollars. n
					 is the model year of the new engines.
n-2 is the calendar year two years prior to the model year
					 of the new engines.
CPI=is the annual average nationwide urban consumer price
					 index published by the United States Bureau of Labor
					 Statistics.
(C) The cost
				  limit shall be reviewed annually by the Executive Officer. The highest-cost
				  metropolitan area in California shall be identified by the Executive Officer
				  for use in this subsection. If a manufacturer seeks certification of an engine
				  before the applicable annual average CPI is available, the cost limit shall be
				  calculated using the average of the monthly nationwide urban CPI figures for
				  the most recent twelve month period for which figures have been published by
				  the United States Bureau of Labor Statistics.
(D) Each manufacturer shall submit to the
				  Executive Officer the documentation used to identify the "high-priced"
				  warranted parts required in this subsection. The documentation shall include
				  the estimated retail parts costs, labor rates in dollars per hour, and the
				  labor hours necessary to diagnosis and replace the parts.
(4) In the absence of a device to measure
				  hours of use, the engine must be warranted for a period of the years noted
				  above in subsections (2) and (3). If a device to measure hours is used, the
				  engine must be warranted for the number of hours or the number of years noted
				  above in subsections (2) and (3), whichever occurs first.