California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 2 - Enforcement of Vehicle Emission Standards and Surveillance Testing › Article 5 - Procedures for Reporting Failures of Emission-Related Equipment and Required Corrective Action › Section 2169 - Required Recall or Corrective Action Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A manufacturer shall submit a recall or
				  corrective action plan to the Chief, Emissions Certification and Compliance
				  Division, 4001 Iowa Ave, Riverside, CA 92507, no more than 90 days after the
				  corrective action threshold specified in section
				  2143 has been exceeded.
(b) A recall or corrective action plan must
				  contain the following elements:
(1) A
				  description of each class or category of vehicles or engines to be recalled or
				  subject to corrective action, including the engine family, test group, or
				  sub-group thereof, model year, make, model, and such other information as may
				  be required to identify the vehicles or engines to be recalled or subjected to
				  corrective action.
(2) A
				  description of the nonconformity and the specific modifications, alterations,
				  repairs, corrections, adjustments or other changes to be made to bring the
				  vehicles or engines into conformity with the requirements of this article
				  including a brief summary of the data and technical studies that support the
				  manufacturer's decision regarding the specific corrections to be
				  made.
(3) A description of the
				  method by which the manufacturer will determine the names and addresses of
				  vehicle or engine owners and the method by which they will be
				  notified.
(4) A description of the
				  procedure to be followed by vehicle or engine owners 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 perform the labor
				  required to correct the nonconformity, and the designation of facilities at
				  which the nonconformity can be remedied. The repair shall be completed within a
				  reasonable time designated by the Executive Officer from the date the owner
				  delivers the vehicle or engine for repair. This requirement becomes applicable
				  on the date designated by the manufacturer as the date on or after which the
				  owner can have the nonconformity remedied.
(5) If some or all of the nonconforming
				  vehicles or engines are to be remedied by persons other than dealers or
				  authorized warranty agents of the manufacturer, a description of such class of
				  persons and a statement indicating that the participating members of the class
				  will be properly equipped to perform such remedial action.
(6) A copy of the letter of notification to
				  be sent to vehicle or engine owners.
(7) A description of the system by which the
				  manufacturer will ensure that an adequate supply of parts will be available to
				  perform the repair under the recall or corrective action 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 under the recall or
				  corrective action plan.
(9) Any
				  other information, reports, or data that the Executive Officer may reasonably
				  determine to be necessary to evaluate the recall plan or other corrective
				  action including, but not limited to, a description of the impact of the
				  proposed repairs or adjustments on fuel economy, drivability, performance, and
				  safety of each class or category of vehicles or engines to be recalled and a
				  brief summary of the data, technical studies, or engineering evaluations that
				  support these descriptions.