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 2123 - Initiation and Notification of Ordered Emission-Related Recalls

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A manufacturer
				  shall be notified whenever the Executive Officer has determined, based on
				  warranty information reports, field information reports, enforcement testing
				  results, or any other information, that a substantial number of a class or
				  category of vehicles, engines, or trailers produced by that manufacturer,
				  although properly maintained and used, contain a failure in an emission-related
				  component which, if uncorrected, may result in the vehicles', engines', or
				  trailers' failure to meet applicable standards over their useful lives; or
				  whenever a class or category of vehicles, engines, or trailers within their
				  useful lives, on average, do not conform to the standards prescribed pursuant
				  to Section
				  43101
				  of the Health and Safety Code as applicable to the model year of such vehicles
				  or trailers.
(b) It shall be
				  presumed for purposes of this section that an emission-related failure will
				  result in the exceedance of emission standards unless the manufacturer presents
				  evidence in accordance with the procedures set forth in title 13, California
				  Code of Regulations, section
				  2147 which demonstrates to the
				  satisfaction of the Executive Officer that the failure will not result in
				  exceedance of emission standards over the useful life of the vehicle, engine,
				  or trailer.
(c) The notification
				  shall include a description of each class or category of vehicles, engines, or
				  trailers encompassed by the determination of nonconformity, shall set forth the
				  factual basis for the determination and shall designate a date at least 45 days
				  from the date of receipt of such notification by which the manufacturer shall
				  submit a plan to remedy the nonconformity.
1.
					 Renumbering and amendment of text previously incorporated by reference in
					 Section 2113 to Section
					 2123 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.