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 2118 - Notification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The notification of vehicle, engine, or trailer owners
					 shall contain the following:
(a) The
				  statement: "Your (vehicle, engine, or trailer) (is or may be) releasing air
				  pollutants which exceed (California or California and federal) standards," if
				  applicable as determined by the Executive Officer.
(b) A statement that the nonconformity of any
				  such vehicles, engines, or trailers will be remedied at the expense of the
				  manufacturer.
(c) A statement that
				  such nonconformity if not repaired may cause the vehicle or engine to fail a
				  vehicle inspection or Smog Check test when such tests are required under state
				  law.
(d) A statement describing the
				  adverse effect, if any, of the uncorrected nonconformity on the performance,
				  fuel economy, or durability of the vehicle, engine, or trailer.
(e) After the effective date of the recall
				  enforcement program referred to in section
				  2117, 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 will be required as a condition of vehicle or trailer registration
				  or operation, as appropriate.
(f) 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 or transferred.
(g) The statement: "In order to ensure your
				  full protection under the emission warranty provisions, it is recommended that
				  you have your (vehicle, engine, or trailer) serviced as soon as possible.
				  Failure to do so could be determined as lack of proper maintenance of your
				  (vehicle, engine, or trailer)." This statement is not required for off-road
				  motorcycles or all-terrain vehicles.
(h) A telephone number provided by the
				  manufacturer, which may be used to report difficulty in obtaining recall
				  repairs.
1.
					 Renumbering and amendment of text previously incorporated by reference in
					 Section 2112 to Section
					 2118 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 subsection (g) and 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 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.