Cal. Code Regs. tit. 13 § 2036

Current through Register 2024 Notice Reg. No. 50, December 13, 2024

Section 2036 - Defects Warranty Requirements for 1979 Through 1989 Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles; 1979 and Subsequent Model Motorcycles and Heavy-Duty Vehicles; and Motor Vehicle Engines Used in Such Vehicles; and 2020 and Subsequent Model Year Trailers

(a) Applicability.

This section shall apply to 1979 through 1989 model passenger cars, light-duty trucks, and medium-duty vehicles; 1979 and subsequent model motorcycles and heavy-duty vehicles; motor vehicle engines used in such vehicles; 2020 and subsequent model year trailers certified to the GHG emission standards of section 95663(c), title 17, CCR; and 2022 and subsequent model year heavy-duty hybrid vehicles, or 2022 and subsequent model year incomplete hybrid vehicles from 10,001 to 14,000 pounds GVWRs, equipped with 2022 and subsequent model year hybrid powertrains optionally certified pursuant to 13 CCR § 1956.8, and hybrid powertrains used in such vehicles. The warranty period shall begin on the date the vehicle or trailer is delivered to an ultimate purchaser, or if the vehicle or trailer is first placed in service as a "demonstrator" or "company" car prior to delivery, on the date it is first placed in service.

(b) General Emissions Warranty Coverage.

The manufacturer of each motor vehicle, motor vehicle engine, or trailer shall warrant to the ultimate purchaser and each subsequent purchaser that the vehicle, engine, or trailer is:

(1) Designed, built, and equipped so as to conform, at the time of sale, 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 part 1, division 25.5 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 that part as described in the vehicle, engine, or trailer manufacturer's application for certification. In addition, for the vehicles specified below in subparagraphs (A) through (C), the manufacturer shall warrant such vehicles are free from defects in materials and workmanship which cause the vehicle's on-board diagnostic malfunction indicator light to illuminate.

(A) for 2022 through 2027 model year diesel-powered heavy-duty vehicles greater than 14,000 pounds GVWR which are equipped with 2022 through 2026 model year heavy-duty diesel engines certified on only diesel fuel, and 2022 through 2026 model year heavy-duty diesel engines certified on only diesel fuel used in such vehicles.

(B) for 2027 and subsequent model year heavy-duty vehicles greater than 14,000 pounds GVWR which are equipped with 2027 and subsequent model year heavy-duty engines, and 2027 and subsequent model year heavy-duty engines used in such vehicles; and

(C) for 2022 and subsequent model year heavy-duty hybrid vehicles greater than 14,000 pounds GVWR, or 2022 and subsequent model year incomplete hybrid vehicles from 10,001 to 14,000 pounds GVWR, which are equipped with 2022 and subsequent model year hybrid powertrains optionally certified pursuant to 13 CCR § 1956.8, any defects in materials or workmanship which cause the vehicle's on-board diagnostic malfunction indicator light to illuminate.

(c) Warranty Period.

The warranty period applicable to this section shall be:

(1) In the case of Class I motorcycles and motorcycle engines (50 to 169 cc or 3.1 to 10.4 cu. in.), a period of use of five years or 12,000 kilometers (7,456 miles), whichever first occurs.

(2) In the case of Class II motorcycles and motorcycle engines (170 to 279 cc or 10.4 to 17.1 cu. in.), a period of use of five years or 18,000 kilometers (11,185 miles), whichever first occurs.

(3) In the case of Class III motorcycles and motorcycle engines (280 cc and larger or 17.1 cu. in. and larger), a period of use of five years or 30,000 kilometers (18,641 miles), whichever first occurs.

(4)

(A) In the case of diesel-powered heavy-duty vehicles greater than 14,000 pounds GVWR which are equipped with 2021 and prior model year motor vehicle engines, and motor vehicle engines used in such vehicles, a period of use of five years, 100,000 miles, or 3000 hours of operations, whichever first occurs. However, in no case may this period be less than the basic mechanical warranty that the manufacturer provides (with or without additional charge) to the purchaser of the engine. Extended warranties on select parts do not extend the emissions warranty requirements for the entire engine but only for those parts. In cases where responsibility for an extended warranty is shared between the owner and the manufacturer, the emissions warranty shall also be shared in the same manner as specified in the warranty agreement.

(B) In the case of 2022 through 2027 model year diesel-powered heavy-duty vehicles greater than 14,000 pounds GVWR which are equipped with 2022 through 2026 model year motor vehicle heavy-duty diesel engines, and the 2022 through 2026 model year vehicle heavy-duty diesel engines used in such vehicles, the first occurring of either a period of use of five years, or:

110,000 miles for heavy-duty vehicles with engines certified as light-heavy-duty engines;

150,000 miles for heavy-duty vehicles with engines certified as medium-heavy-duty engines;

350,000 miles for heavy-duty vehicles with engines certified as heavy-heavy-duty engines.

However, in no case may these periods be less than the basic mechanical warranty that the manufacturer provides (with or without additional charge) to the purchaser of the engine. Extended warranties on select parts do not extend the emissions warranty requirements for the entire engine but only for those parts. In cases where responsibility for an extended warranty is shared between the owner and the manufacturer, the portion of the emissions warranty extending beyond the minimum mileages listed above shall also be shared in the same manner as specified in the warranty agreement.

The warranty periods in this subparagraph (c)(4)(B) apply only to:

1. warranted parts that affect the regulated emissions of criteria pollutants, as defined in section 2035(c)(2)(D), title 13, CCR, and

2. heavy-duty vehicles with engines certified on only diesel fuel, including engines that have concurrent applications in both dedicated diesel-fueled vehicles and hybrid vehicles.

The warranty periods in subparagraph (c)(4)(A) of this section continue to apply to 2022 through 2027 model year heavy-duty vehicles equipped with 2022 through 2026 model year engines certified to the diesel standards of section 1956.8, title 13, CCR, using alternative fuels (e.g., liquefied or compressed natural gas) with engines certified for use in hybrid vehicles exclusively; and with engines certified for use in dual fuel vehicles; and to heavy-duty vehicles powered with fuel cells.

(C) In the case of 2027 through 2031 model year diesel-powered heavy-duty vehicles greater than 14,000 pounds GVWR which are equipped with 2027 through 2030 model year motor vehicle heavy-duty diesel engines, and the 2027 through 2030 model year heavy-duty diesel engines used in such vehicles, the first occurring of a period of use of seven years, or:

150,000 miles or 7,000 hours for heavy-duty vehicles with engines certified as light heavy-duty engines;

220,000 miles or 11,000 hours for heavy-duty vehicles with engines certified as medium heavy-duty engines;

450,000 miles or 22,000 hours for heavy-duty vehicles with engines certified as heavy heavy-duty engines.

However, in no case may these periods be less than the basic mechanical warranty that the manufacturer provides (with or without additional charge) to the purchaser of the engine. Extended warranties on select parts do not extend the emissions warranty requirements for the entire engine but only for those parts. In cases where responsibility for an extended warranty is shared between the owner and the manufacturer, the portion of the emissions warranty extending beyond the minimum mileages listed above shall also be shared in the same manner as specified in the warranty agreement.

The hour periods are effective as limits to warranty only when an accurate hours meter is provided by the engine manufacturer and is reasonably expected to operate properly over the useful life of the engine. The hours meter shall not count standby-idle time (key-on, engine off) as engine operating time for purposes of identifying the end of the warranty period, such as on a vehicle equipped with stop-start technology.

The warranty periods in this subparagraph (c)(4)(C) apply only to:

1. warranted parts that affect the regulated emissions of criteria pollutants, as defined in section 2035(c)(2)(D), title 13, CCR, and

2. heavy-duty vehicles with engines certified to the diesel-cycle standards of section 1956.8, title 13, CCR, including engines that have concurrent applications in both dedicated internal-combustion vehicles and hybrid vehicles.

(D) In the case of 2031 and subsequent model year diesel-powered heavy-duty vehicles greater than 14,000 pounds GVWR that are equipped with 2031 and subsequent model year motor vehicle heavy-duty diesel engines, and the 2031 and subsequent model year heavy-duty diesel engines used in such vehicles, the first occurring of a period of use of 10 years, or:

210,000 miles or 10,000 hours for heavy-duty vehicles with engines certified as light heavy-duty engines;

280,000 miles or 14,000 hours for heavy-duty vehicles with engines certified as medium heavy-duty engines;

600,000 miles or 30,000 hours for heavy-duty vehicles with engines certified as heavy heavy-duty engines.

However, in no case may these periods be less than the basic mechanical warranty that the manufacturer provides (with or without additional charge) to the purchaser of the engine. Extended warranties on select parts do not extend the emissions warranty requirements for the entire engine but only for those parts. In cases where responsibility for an extended warranty is shared between the owner and the manufacturer, the portion of the emissions warranty extending beyond the minimum mileages listed above shall also be shared in the same manner as specified in the warranty agreement.

The hour periods are effective as limits to warranty only when an accurate hours meter is provided by the engine manufacturer and is reasonably expected to operate properly over the useful life of the engine. The hours meter shall not count standby-idle time (key-on, engine off) as engine operating time for purposes of identifying the end of the warranty period, such as on a vehicle equipped with stop-start technology.

The warranty periods in this subparagraph (c)(4)(D) apply only to;

1. warranted parts that affect the regulated emissions of criteria pollutants, as defined in section 2035(c)(2)(D), title 13, CCR, and

2. heavy-duty vehicles with engines certified to the diesel-cycle standards of section 1956.8, title 13, CCR, including engines that have concurrent applications in both dedicated internal-combustion vehicles and hybrid vehicles.

(4.1) In the case of diesel-powered heavy-duty vehicles from 14,001 to 19,500 pound GVWR certified to the GHG emission standards of section 95663, title 17, a period of use of five years or 50,000 miles, whichever first occurs, for GHG emission control components (except tires), as set forth in 40 CFR 1037.120, as amended October 25, 2016. The warranty period shall be a period of use of two years or 24,000 miles, whichever first occurs, in the case of tires used in such vehicles. In the case of motor vehicle engines used in such vehicles, the warranty period shall be a period of use of five years or 50,000 miles, whichever first occurs, for GHG emissions.

(4.2) In the case of diesel-powered heavy-duty vehicles above 19,500 pound GVWR certified to the GHG emission standards of section 95663, title 17, a period of use of five years or 100,000 miles, whichever first occurs, for GHG emission control components (except tires), as set forth in 40 CFR 1037.120, as amended October 25, 2016. The warranty period shall be a period of use of two years or 24,000 miles, whichever first occurs, in the case of tires used in such vehicles. In the case of motor vehicle engines used in such vehicles, the warranty period shall be a period of use of five years or 100,000 miles, whichever first occurs, for GHG emissions.

(5) In the case of passenger cars, light-duty trucks, and medium-duty vehicles certified under the optional 100,000-mile certification procedure, and motor vehicle engines used in such vehicles, a period of use of ten years or 100,000 miles, whichever first occurs, except as otherwise provided in this paragraph. In the case of diesel particulate control system components on the 1985 and subsequent model passenger cars, light-duty trucks, and medium-duty vehicles certified under the optional 100,000-mile certification procedure, the warranty period means five years or 50,000 miles, whichever first occurs, for failures of such components which do not result in the failure of any other warranted part to perform as designed during the warranty period of the vehicle, and ten years or 100,000 miles, whichever first occurs, for all other failures.

(6) In the case of vehicles certified to the optional emission standards pursuant to Health and Safety Code section 43101.5(a), which are sold on or after January 1, 1983, for fuel metering and ignition components contained in the state board's "Emissions Warranty Parts List", dated December 14, 1978, as amended February 22, 1985, a period of use of two years or 24,000 miles, whichever first occurs, and for all other warranted parts, a period of use of five years or 50,000 miles, whichever first occurs.

(7) In the case of all other passenger cars, light-duty trucks, and medium-duty vehicles, a period of use of five years or 50,000 miles, whichever first occurs.

(8)

(A) In the case of heavy-duty vehicles greater than 14,000 pounds GVWR which aer equipped with 2026 and prior model year motor behicle engines, and motor vehicle engines used in such vehicles, (except for diesel-powered heavy-duty vehicles, and motor vehicle engines used in such vehicles), a period of use of five years or 50,000 miles, whichever first occurs. However, in no case may this period be less than the basic mechanical warranty period that the manufacturer provides (with or without additional charge) to the purchaser of the engine. Extended warranties on select parts do not extend the emissions warranty requirements for the entire engine but only for those parts. In cases where responsibility for an extended warranty is shared between the owner and the manufacturer, the emissions warranty shall also be shared in the same manner as specified in the warranty agreement.

(B) Reserved.

(C) In the case of 2027 through 2031 model year heavy-duty vehicles greater than 14,000 pounds GVWR which are equipped with 2027 through 2030 model year motor vehicle heavy-duty engines, and the 2027 through 2030 model year heavy-duty engines used in such vehicles, (except for diesel-powered heavy-duty vehicles, and motor vehicle engines used in such vehicles), a period of use of seven years, 110,000 miles, or 6,000 hours, whichever first occurs.

However, in no case may these periods be less than the basic mechanical warranty that the manufacturer provides (with or without additional charge) to the purchaser of the engine. Extended warranties on select parts do not extend the emissions warranty requirements for the entire engine but only for those parts. In cases where responsibility for an extended warranty is shared between the owner and the manufacturer, the portion of the emissions warranty extending beyond the minimum mileages listed above shall also be shared in the same manner as specified in the warranty agreement.

The hour period is effective as a limit to warranty only when an accurate hours meter is provided by the engine manufacturer and is reasonably expected to operate properly over the useful life of the engine. The hours meter shall not count standby-idle time (key-on, engine off) as engine operating time for purposes of identifying the end of the warranty period, such as on a vehicle equipped with stop-start technology.

The warranty period in this subparagraph (c)(8)(C) applies only to:

1. warranted parts that affect the regulated emissions of criteria pollutants, as defined in section 2035(c)(2)(E), title 13, CCR, and

2. heavy-duty vehicles with engines certified to the Otto-cycle standards of section 1956.8, title 13, CCR, including engines that have concurrent applications in both dedicated internal-combustion vehicles and hybrid vehicles.

(D) In the case of 2031 and subsequent model year heavy-duty vehicles greater than 14,000 pounds GVWR which are equipped with 2031 and subsequent model year motor vehicle heavy-duty engines, and the 2031 and subsequent model year heavy-duty engines used in such vehicles, (except for diesel-powered heavy-duty vehicles, and motor vehicle engines used in such vehicles), a period of use of 10 years, 160,000 miles, or 8,000 hours, whichever first occurs.

However, in no case may these periods be less than the basic mechanical warranty that the manufacturer provides (with or without additional charge) to the purchaser of the engine. Extended warranties on select parts do not extend the emissions warranty requirements for the entire engine but only for those parts. In cases where responsibility for an extended warranty is shared between the owner and the manufacturer, the portion of the emissions warranty extending beyond the minimum mileages listed above shall also be shared in the same manner as specified in the warranty agreement.

The hour period is effective as a limit to warranty only when an accurate hours meter is provided by the engine manufacturer and is reasonably expected to operate properly over the useful life of the engine. The hours meter shall not count standby-idle time (key-on, engine off) as engine operating time for purposes of identifying the end of the warranty period, such as on a vehicle equipped with stop-start technology.

The warranty period in this subparagraph (c)(8)(D) applies only to:

1. warranted parts that affect the regulated emissions of criteria pollutants, as defined in section 2035(c)(2)(E), title 13, CCR, and

2. heavy-duty vehicles with engines certified to the Otto-cycle standards of section 1956.8, title 13, CCR, including engines that have concurrent applications in both dedicated internal-combustion vehicles and hybrid vehicles.

(8.1) In the case of heavy-duty vehicles at or above 14,001 pound GVWR certified to the GHG emission standards of section 95663, title 17, (except for diesel-powered heavy-duty vehicles), a period of use of five years or 50,000 miles, whichever first occurs, for GHG emission control components (except tires), as set forth in 40 CFR 1037.120, as amended October 25, 2016. The warranty period shall be a period of use of two years or 24,000 miles, whichever first occurs, in the case of tires used in such vehicles. In the case of motor vehicle engines used in such vehicles, the warranty period shall be a period of use of five years or 50,000 miles, whichever first occurs, for GHG emissions.

(9) In the case of trailers, a period of use of five years (except tires) for GHG emission components, and a period of use of one year for tires, as set forth in 40 CFR 1037.120, as amended October 25, 2016, incorporated by reference herein.

(10) In the case of 2022 and subsequent model year hybrid powertrains optionally certified pursuant to 13 CCR § 1956.8, the warranty period shall be as specified below:

(A) In the case of diesel hybrid powertrains, primarily used in vehicles with a GVWR from 14,001 to 19,500 pounds, the warranty period and model year implementation schedules for light heavy-duty diesel engines of this section shall apply to the hybrid powertrains.

(B) In the case of diesel hybrid powertrains primarily used in vehicles with a GVWR from 19,501 to 33,000 pounds, the warranty period and model year implementation schedules for medium heavy-duty diesel engines of this section shall apply to the hybrid powertrains.

(C) In the case of diesel hybrid powertrains primarily used in vehicles with a GVWR greater than 33,000 pounds, the warranty period and model year implementation schedules for heavy heavy-duty diesel engines of this section shall apply to the hybrid powertrains.

(D) In the case of Otto-cycle hybrid powertrains used in vehicles with a GVWR greater than 14,000 pounds, the warranty period and model year implementation schedules for heavy-duty engines, of this section, shall apply to the hybrid powertrains.

(E) In the case of diesel hybrid powertrains used in incomplete vehicles with a GVWR from 10,001 to 14,000 pounds, the warranty period and model year implementation schedules are identical to the warranty period and model year implementation schedules specified for light heavy-duty diesel engines in this section, or for medium duty diesel engines used in such powertrains the warranty period and model year implementation schedules are as specified in 13 CCR § 2037(b).

(F) In the case of Otto-cycle hybrid powertrains used in incomplete vehicles with a GVWR from 10,001 to 14,000 pounds, the warranty period and model year implementation schedules are identical to the warranty period and model year implementation schedules specified for heavy-duty engines (except for diesel-powered heavy-duty vehicles, and motor vehicle engines used in such vehicles) in this section, or for medium duty engines used in such powertrains the warranty period and model year implementation schedules are as specified in 13 CCR § 2037(b).

(d) Subject to the conditions and exclusions of subsection (j), the warranty on emissions-related parts shall function as follows:

(1) Any warranted part which is not scheduled for replacement as required maintenance in the written instructions required by subsection (e) shall be warranted for the warranty period defined in subsection (c). If any such part fails during the warranty period, it shall be repaired or replaced by the vehicle, engine, or trailer manufacturer according to subsection (4) below. Any such part repaired or replaced under warranty shall be warranted for the remaining warranty period.

(2)

(A) Any warranted part which is scheduled only for regular inspection in the written instructions required by subsection (e) shall be warranted for the warranty period defined in subsection (c). A statement in such written instructions to the effect of "repair or replace as necessary" shall not reduce the period of warranty coverage. Any such part repaired or replaced under warranty shall be warranted for the remaining warranty period.

(B) In the case of 2022 through 2027 model year diesel-powered heavy-duty vehicles greater than 14,000 pounds GVWR in which 2022 through 2026 model year heavy-duty diesel engines are installed, and the 2022 through 2026 model year heavy-duty diesel engines used in such vehicles, any warranted part which is scheduled only for regular inspection in the written instructions required by subsection (e) shall be warranted for the warranty period defined in subsection (c). A statement in such written instructions to the effect of "repair or replace as necessary" shall not reduce the period of warranty coverage. If the regular inspection indicates that a part has failed and needs to be repaired or replaced, any such part shall be repaired or replaced during the applicable warranty period by the vehicle or engine manufacturer according to subsection (4) below. Any such part repaired or replaced under warranty shall be warranted for the remaining warranty period defined in subsection (c).

(C) In the case of all 2027 and subsequent model year heavy-duty vehicles greater than 14,000 pounds GVWR in which 2027 and subsequent model year heavy-duty engines are installed, and the 2027 and subsequent model year heavy-duty engines used in such vehicles, any warranted part which is scheduled only for regular inspection in the written instructions required by subsection (e) shall be warranted for the warranty period defined in subsection (c). A statement in such written instructions to the effect of "repair or replace as necessary" shall not reduce the period of warranty coverage. If the regular inspection indicates that a part has failed and needs to be repaired or replaced, any such part shall be repaired or replaced during the applicable warranty period by the vehicle or engine manufacturer according to subsection (4) below. Any such part repaired or replaced under warranty shall be warranted for the remaining warranty period defined in subsection (c).

(D) In the case of 2022 and subsequent model year heavy-duty hybrid vehicles greater than 14,000 pound GVWR, or 2022 and subsequent model year incomplete hybrid vehicles from 10,001 to 14,000 pounds GVWR, which are equipped with 2022 and subsequent model year hybrid powertrains optionally certified pursuant to 13 CCR § 1956.8, and the 2022 and subsequent model year hybrid powertrains used in such vehicles, any warranted part that is scheduled only for regular inspection in the written instructions required by subsection (e) shall be warranted for the warranty period defined in subsection (c). A statement in such written instructions to the effect of "repair or replace as necessary" shall not reduce the period of warranty coverage. If the regular inspection indicates that a part has failed and needs to be repaired or replaced, any such part shall be repaired or replaced during the applicable warranty period by the vehicle or engine manufacturer according to subsection (4) below. Any such part repaired or replaced under warranty shall be warranted for the remaining warranty period defined in subsection (c).

(3)

(A) Any warranted part which is scheduled for replacement as required maintenance in the written instructions required by subsection (e) shall be warranted for the period of time or mileage, whichever first occurs, prior to the first scheduled replacement point for that part. If the part fails before the first scheduled replacement point, the part shall be repaired or replaced by the vehicle, engine, or trailer manufacturer according to subsection (4) below. Any such part repaired or replaced under warranty shall be warranted for the remainder of the period prior to the first scheduled replacement point for the part.

(B) In the case of 2022 through 2027 model year diesel-powered heavy-duty vehicles greater than 14,000 pounds GVWR in which 2022 through 2026 model year heavy-duty diesel engines are installed, and the 2022 through 2026 model year heavy-duty diesel engines used in such vehicles, any warranted part which is scheduled for replacement as required maintenance in the written instructions required by subsection (e) shall be replaced by the owner as scheduled according to section 2040, title 13, CCR. However, if the repaired or replaced part fails before a scheduled replacement during the applicable warranty period, the part shall be repaired or replaced by the vehicle or engine manufacturer according to subsection (4) below. Any such part repaired or replaced under warranty shall be warranted for the remaining warranty period defined in subsection (c).

(C) In the case of all 2027 and subsequent model year heavy-duty vehicles greater than 14,000 pounds GVWR in which 2027 and subsequent model year heavy-duty engines are installed, and the 2027 and subsequent model year heavy-duty engines used in such vehicles, any warranted part which is scheduled for replacement as required maintenance in the written instructions required by subsection (e) shall be replaced by the owner as scheduled according to section 2040, title 13, CCR. However, if the repaired or replaced part fails before a scheduled replacement during the applicable warranty period, the part shall be repaired or replaced by the vehicle or engine manufacturer according to subsection (4) below. Any such part repaired or replaced under warranty shall be warranted for the remaining warranty period defined in subsection (c).

(D) In the case of 2022 and subsequent model year heavy-duty hybrid vehicles greater than 14,000 pound GVWR, or 2022 and subsequent model year incomplete hybrid vehicles from 10,001 to 14,000 pounds GVWR, which are equipped with 2022 and subsequent model year hybrid powertrains optionally certified pursuant to 13 CCR § 1956.8, and the 2022 and subsequent model year hybrid powertrains used in such vehicles, any warranted part that is scheduled for replacement as required maintenance in the written instructions required by subsection (e) shall be replaced by the owner as scheduled according to section 2040, title 13, CCR. However, if the repaired or replaced part fails before a scheduled replacement during the applicable warranty period, the part shall be repaired or replaced by the vehicle or engine manufacturer according to subsection (4) below. Any such part repaired or replaced under warranty shall be warranted for the remaining warranty period defined in subsection (c). The applicable warranty period for the hybrid vehicles and hybrid powertrains shall be determined as specified in subsection (c)(10) of this section.

(4) Repair or replacement of any warranted part under the warranty provisions of this article shall be performed at no charge to the vehicle, engine, or trailer owner, at a warranty station, except in the case of an emergency when a warranted part or a warranty station is not reasonably available to the vehicle, engine, or trailer owner. In an emergency, repairs may be performed at any available service establishment, or by the owner, using any replacement part. The manufacturer shall reimburse the owner for his or her expenses including diagnostic charges for such emergency repair or replacement, not to exceed the manufacturer's suggested retail price for all warranted parts replaced and labor charges based on the manufacturer's recommended time allowance for the warranty repair and the geographically appropriate hourly labor rate. Heavy-duty vehicle, engine, and trailer manufacturers shall establish reasonable emergency repair procedures which may differ from those specified in this subsection. A vehicle, engine, or trailer owner may reasonably be required to keep receipts and failed parts in order to receive compensation for warranted repairs reimbursable due to an emergency, provided the manufacturer's written instructions advise the owner of his obligation.

(5) Notwithstanding the provisions of subsection (4), warranty services or repairs shall be provided at all of a manufacturer's dealership which are franchised to service the subject vehicles, engines, or trailers.

(6) The vehicle, engine, or trailer owner shall not be charged for diagnostic labor which leads to the determination that a warranted part is in fact defective, provided that such diagnostic work is performed at a warranty station.

(7) The vehicle, engine, or trailer manufacturer shall be liable for damages to other vehicle components proximately caused by a failure under warranty any warranted part.

(8) Throughout the vehicle's, engine's, or trailer's warranty period defined in subsection (b), the vehicle, engine, or trailer manufacturer shall maintain a supply of warranted parts sufficient to meet the expected demand for such parts. The lack of availability of such parts or the incompleteness of repairs within a reasonable time period, not to exceed 30 days from the time the vehicle, engine, or trailer is initially p resented to the warranty station for repair, shall constitute an emergency for purposes of subsection (4).

(9) Any replacement part may be used in the performance of any maintenance or repairs. Any replacement part designated by a manufacturer may be used in warranty repairs provided without charge to the vehicle or trailer owner. Such use shall not reduce the warranty obligations of the vehicle, engine, or trailer manufacturer, except that the vehicle, engine, or trailer manufacturer shall not be liable under this article for repair or replacement of any replacement part which is not a warranted part (except as provided under subsection (7)).

(10) Any add-on or modified part exempted by the Air Resources Board from the prohibitions of Vehicle Code section 27156 may be used on a vehicle, engine, or trailer. Such use, in and of itself, shall not be grounds for disallowing a warranty claim made in accordance with this article. The vehicle, engine, or trailer manufacturer shall not be liable under this article to warrant failures of warranted parts caused by the use of an add-on or modified part.

(11) The Executive Officer may request and, in such case, the vehicle, engine, or trailer manufacturer shall provide, any documents which describe that manufacturer's warranty procedures or policies.

(e) Commencing with 1980 models sold on or after September 1, 1979, each manufacturer shall furnish with each new vehicle or engine written instructions for the maintenance and use of the vehicle or engine by the owner, which instructions shall be consistent with this article and applicable regulations in article 2 of this subchapter.

(f)

(1) Commencing with 1980 models sold on or after September 1, 1979, each manufacturer shall furnish with each new vehicle or engine a list of the warranted parts installed on that vehicle or engine. The list shall include those parts included on the Air Resources Board "Emissions Warranty Parts List," dated December 14, 1978, as amended on February 22, 1985, and incorporated herein by reference.

(A) In the case of heavy-duty vehicles certified to the GHG emission standards of section 95663, title 17, each manufacturer shall furnish with each new vehicle or engine a list of the warranted parts which includes any part specified in 40 CFR 1037.120, as amended October 25, 2016, incorporated by reference in section 2035(c)(2)(C).

(B) In the case of 2022 through 2027 model year diesel-powered heavy-duty vehicles greater than 14,000 pounds GVWR which are equipped with 2022 through 2026 model year heavy-duty diesel engines certified on only diesel fuel, and the 2022 through 2026 model year heavy-duty diesel engines certified on only diesel fuel used in such vehicles, each manufacturer shall furnish a list that includes any emission-related part that can cause the vehicle's on-board diagnostic malfunction indicator light to illuminate.

(C) In the case of 2027 and subsequent model year heavy-duty vehicles greater than 14,000 pounds GVWR that are equipped with 2027 and subsequent model year heavy-duty engines, and the 2027 and subsequent model year heavy-duty engines used in such vehicles, each manufacturer shall furnish a list that includes any emission-related part that can cause the vehicle's on-board diagnostic malfunction indicator light to illuminate.

(D) In the case of 2022 and subsequent model year heavy-duty hybrid vehicles greater than 14,000 pound GVWR, or 2022 and subsequent model year incomplete hybrid vehicles from 10,001 to 14,000 pounds GVWR, which are equipped with 2022 and subsequent model year hybrid powertrains optionally certified pursuant to title 13, CCR, § 1956.8, and the 2022 and subsequent model year hybrid powertrains used in such vehicles, each manufacturer shall furnish a list that includes any emission-related part that can cause the vehicle's on-board diagnostic malfunction indicator light to illuminate.

(E) In the case of trailers certified to the GHG emission standards of section 95663(c), title 17, CCR, each manufacturer shall furnish with each new trailer a list of the warranted parts which includes any part specified in 40 CFR 1037.120, as amended October 25, 2016, which is incorporated by reference herein.

(g) Except for 1980 and 1981 model motorcycles, each manufacturer shall submit the documents required by sections (e) and (f), with the manufacturer's preliminary application for new vehicle, engine, or trailer certification for approval by the Executive Officer. The Executive Officer may reject or require modification of the manufacturer's list of warranted parts to ensure that each such list is of proper scope and also may reject or require modification of any of the documents required by subsection (e). Approval by the Executive Officer of the documents required by subsections (e) and (f), shall be a condition of certification. The Executive Officer shall approve or disapprove the documents required by subsections (e) and (f), within 90 days of the date such documents are received from the manufacturer. Any disapproval shall be accompanied by a statement of the reasons therefore. In the event of disapproval, the manufacturer may petition the Board to review the decision of the Executive Officer.

(h) Notwithstanding subsection (f), the Executive Officer may delete any part from a manufacturer's list of warranted parts provided in the manufacturer demonstrates to the Executive Officer's satisfaction that:

(1) Failure of such part will not increase the emissions of any vehicle, engine, or trailer on which it is installed, and

(2) Any deterioration of driveability or performance which results from failure of the part could not be corrected by adjustments or modifications to other vehicle or trailer components.

(i) Vehicle Inspection Program.

This subsection shall apply to passenger cars, light-duty trucks, medium-duty and heavy-duty vehicles and motorcycles required to be inspected pursuant to any California statutorily authorized motor vehicle emissions inspection and maintenance program. The provisions of this section shall be contained in the warranty statement required pursuant to section 2039.

(1) The owner of a vehicle which fails the inspection during its warranty period may choose to have the vehicle repaired at a warranty station.

(A) If the warranty station identifies that the inspection failure was caused by the failure or malfunction of a warranted part, than the vehicle manufacturer shall be liable for expenses involved in detecting and correcting the part failure or malfunction, unless the warranty station demonstrates that the part failure or malfunction was caused by abuse, neglect, or improper maintenance as specified in subsection (j)(1), or was caused by an adjustment not covered by warranty as specified in subsection (j)(2).

(B) If the warranty station demonstrates that the inspection failure was caused by one or more conditions executed from warranty coverage pursuant to subsection (j), the vehicle owner shall be liable for all diagnostic and repair expenses. Such expenses shall not exceed the maximum repair costs permissible under the inspection program.

(C) If the warranty station identifies that the inspection failure was caused by one or more defects covered under warranty pursuant to these regulations and in combination with one or more conditions excluded from warranty coverage pursuant to subsection (j), than the vehicle owner shall not be charged for the diagnostic and repair costs related to detecting and repairing the warrantable defects.

(2) In the alternative, the owner of a vehicle which fails an inspection may choose to have the vehicle repaired at other than a warranty station. If a warrantable defect is found, the vehicle owner may deliver the vehicle to a warranty station and have the defect corrected free of charge. The vehicle manufacturer shall not be liable for any expenses incurred at a service establishment not authorized to perform warranty repairs, except in the case of an emergency as specified in subsection (d)(4). If the vehicle owner chooses to have the warrantable defect repaired at other than a warranty station, the upper cost limit pursuant to Health and Safety Code section 44017 shall not apply to the repair.

(j) Exclusions.

(1) The repair or replacement of any warranted part otherwise eligible for warranty coverage under subsection (d) or (i), shall be excluded for such warranty coverage if the vehicle, engine, or trailer manufacturer demonstrates that the vehicle, engine, or trailer has been abused, neglected, or improperly maintained, and that such abuse, neglect, or improper maintenance was the direct cause of the need for the repair or replacement of the part.

(2) The following adjustments to warranted parts are excluded from warranty coverage under subsection (d) or (i); the idle air/fuel mixture ratio (for 1979 model passenger cars, and 1979 and 1980 model light-duty trucks and medium-duty vehicles), curb or high idle speed, ignition timing, valve lash, injection timing for diesel-powered vehicles, or any combination thereof.

(3) Except as provided in subsection (1) above, any adjustment of a component which as a factory installed, and properly operating, adjustment limiting device (such as an idle limiter cap) is eligible for warranty coverage under subsection (d) or (i).

Cal. Code Regs. Tit. 13, § 2036

1. New section filed 1-16-79; effective thirtieth day thereafter (Register 79, No. 3).
2. Amendment of subsection (c) filed 12-27-83; effective thirtieth day thereafter (Register 83, No. 53).
3. Amendment of subsection (c) filed 3-26-85; effective thirtieth day thereafter (Register 85, No. 13).
4. Amendment filed 11-26-90; operative 12-26-90 (Register 91, No. 3).
5. Amendment of subsections (c)(4) and (c)(7) and new subsection (c)(8) filed 4-15-99; operative 5-15-99 (Register 99, No. 16).
6. New subsections (c)(4.1)-(4.2) and (c)(8.1) and amendment of NOTE filed 12-5-2014; operative 12-5-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 49).
7. Editorial correction of HISTORY 6 (Register 2014, No. 50).
8. Amendment of subsections (c)(4)-(c)(4.2) and (c)(8)-(c)(8.1) and new subsection (c)(9) filed 2-7-2019; operative 4-1-2019 (Register 2019, No. 6).
9. Amendment of subsection (b)(2), redesignation and amendment of former subsection (c)(4) as new subsection (c)(4)(A), new subsections (c)(4)(B)-(c)(4)(B)2., redesignation of former subsections (d)(2) and (d)(3) as new subsections (d)(2)(A) and (d)(3)(A), new subsections (d)(2)(B) and (d)(3)(B), redesignation of former subsection (f) as new subsection (f)(1) and new subsections (f)(1)(A)-(B) filed 6-12-2019; operative 10-1-2019 (Register 2019, No. 24).
10. Amendment of section heading and section 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 and 39601, Health and Safety Code. Reference: Sections 38501, 38505, 38510, 38560, 43106, 43204, 43205.5, 44004, 44010, 44011, 44012, 44015 and 44017, Health and Safety Code.

1. New section filed 1-16-79; effective thirtieth day thereafter (Register 79, No. 3).
2. Amendment of subsection (c) filed 12-27-83; effective thirtieth day thereafter (Register 83, No. 53).
3. Amendment of subsection (c) filed 3-26-85; effective thirtieth day thereafter (Register 85, No. 13).
4. Amendment filed 11-26-90; operative 12-26-90 (Register 91, No. 3).
5. Amendment of subsections (c)(4) and (c)(7) and new subsection (c)(8) filed 4-15-99; operative 5-15-99 (Register 99, No. 16).
6. New subsections (c)(4.1)-(4.2) and (c)(8.1) and amendment of Note filed 12-5-2014; operative 1/1/2015 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 49).
7. Editorial correction of History 6 (Register 2014, No. 50).
8. Amendment of subsections (c)(4)-(c)(4.2) and (c)(8)-(c)(8.1) and new subsection (c)(9) filed 2-7-2019; operative 4/1/2019 (Register 2019, No. 6).
9. Amendment of subsection (b)(2), redesignation and amendment of former subsection (c)(4) as new subsection (c)(4)(A), new subsections (c)(4)(B)-(c)(4)(B)2., redesignation of former subsections (d)(2) and (d)(3) as new subsections (d)(2)(A) and (d)(3)(A), new subsections (d)(2)(B) and (d)(3)(B), redesignation of former subsection (f) as new subsection (f)(1) and new subsections (f)(1)(A)-(B) filed 6-12-2019; operative 10/1/2019 (Register 2019, No. 24).
10. Amendment of section heading and section 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.