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 2114 - Voluntary and Influenced Recall Plans

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The recall plan for both voluntary and
				  influenced recalls shall contain the following information unless otherwise
				  specified:
(1) A description of each class or
				  category of vehicle, engine, or trailer subject to recall including the number
				  of vehicles, engines, or trailers to be recalled, the engine family, test
				  group, vehicle family, trailer family, or a subgroup thereof, the model year,
				  the make, the model, and such other information as may be required to identify
				  the vehicles, engines, or trailers to be recalled.
(2) A description of the nonconformity and
				  the specific modifications, alterations, repairs, adjustments, or other changes
				  to be made to correct the vehicles, engines, or trailers.
(3) A description of the method by which the
				  manufacturer will determine the names and addresses of vehicle, engine, or
				  trailer owners and the manufacturer's method and schedule for notifying the
				  service facilities and vehicle, engine, or trailer owners of the
				  recall.
(4) A description of the
				  procedure to be followed by vehicle, engine, or trailer owners to obtain
				  correction of the nonconformity. This shall include the date on or after which
				  the owner can have the nonconformity remedied, the time reasonably necessary to
				  perform the labor to remedy the nonconformity, and the designation of
				  facilities at which the nonconformity can be remedied.
(5) If some or all of the nonconforming
				  vehicles, engines, or trailers are to be remedied by persons other than dealers
				  or authorized warranty agents of the manufacturer, a description of such class
				  of persons.
(6) A copy of the
				  letter of notification to be sent to vehicle, engine, or trailers
				  owners.
(7) A description of the
				  system by which the manufacturer will assure that an adequate supply of parts
				  will be available to perform the repair under the recall plan, including the
				  date by which an adequate supply of parts will be available to initiate the
				  repair campaign, and the method to be used to assure the supply remains both
				  adequate and responsive to owner demand.
(8) A copy of all necessary instructions to
				  be sent to those persons who are to perform the repair.
(9) A description of the impact of the
				  proposed repairs or adjustments on fuel economy, driveability, performance and
				  safety of each class or category of vehicles, engines, or trailers to be
				  recalled and a brief summary of the data, technical studies, or engineering
				  evaluations which support these descriptions.
(10) Under an influenced recall, an estimate
				  of the capture rate from the proposed recall derived from actual data and/or
				  manufacturer experience. A 60 percent capture rate shall be assigned for
				  recalls based exclusively on noncompliance as defined in section
				  2112(h)(1),
				  above.
(11) Under an influenced
				  recall based on noncompliance as defined in Section
				  2112(h)(2),
				  above, a description of the impact of the proposed changes on the average
				  emissions from the vehicles, engines, or trailers to be recalled. The
				  description shall contain the following:
(A)
				  Average noncompliance emission levels.
(B) Average emission reduction per pollutant
				  resulting from the recall repair. These averages shall be verified by the
				  manufacturer by applying the proposed recall repairs to two or more in-use
				  vehicles, engines, or trailers representing the average noncompliance emission
				  levels. Only those vehicles, engines, or trailers with baseline-emission levels
				  within 25 percent of the average emission levels of noncomplying pollutant(s)
				  established under the in-use enforcement test program may be used by
				  manufacturers to verify proposed recall repairs. The Executive Officer may
				  allow the use of vehicles, engines, or trailers exceeding these limits if none
				  which meet the limits can be reasonably procured. In the case of heavy-duty
				  engines, the average emission levels may be verified using laboratory engines,
				  subject to approval by the Executive Officer.
(C) An estimate of the average emission level
				  per pollutant for the class or category of vehicles, engines, or trailers after
				  repair as corrected by the estimated capture rate. The estimated average
				  emission level shall comply with the applicable emission standard. The
				  Executive Officer may waive the requirement for average emission compliance
				  with the standards provided the emission level per vehicle or trailer repaired
				  is reduced to its new-vehicle or trailer certification emission level at a
				  minimum capture rate of 60 percent.