Section 2763 - Ordered Recalls(a)(1) If the Executive Officer determines that a substantial number of any evaporative emission control systems, or components used on such evaporative emission control systems in an evaporative family certified pursuant to section 2753, although properly maintained and used, do not meet the evaporative emission standards prescribed under this Article, when in actual use throughout their useful life, the Executive Officer shall immediately notify the responsible Holder of such nonconformity and require the Holder to submit a plan for remedying the nonconformity. The Holder's plan shall provide that the nonconformity of any such evaporative emission control systems that are properly used and maintained will be remedied at the expense of the Holder.
If the Holder disagrees with such determination of nonconformity, the Holder may appeal such determination pursuant to section 2771.
(2) Any notification required to be given by the Holder under subsection (a)(1) of this section with respect to any evaporative family shall be given to dealers, ultimate purchasers, and subsequent purchasers (if known) in such manner and containing such information as required in section 2761 of this Article.(3)(A) Prior to an CARB-ordered recall, the Holder may perform a voluntary emissions recall pursuant to section 2762 of this Article. Such Holder is subject to the reporting and record keeping requirements of subsections (c) and (d) of section 2762 of this Article.(B) Once CARB determines that a substantial number of evaporative emission control systems fail to conform to the requirements of this Article, the Holder will not have the option of a voluntary recall.(b) The Holder bears all cost obligation a dealer incurs as a result of a requirement imposed by subsection (a) of this section. The transfer of any such cost obligation from a Holder to a dealer through franchise or other agreement is prohibited.(c) Any inspection of an evaporative emission control system for purposes of subsection (a)(1) of this section, after its sale to the ultimate purchaser, is to be made only if the owner of such evaporative emission control system voluntarily permits such inspection to be made, except as may be provided by any state or local inspection program.Cal. Code Regs. Tit. 13, § 2763
1. New section filed 9-20-2004; operative 10-20-2004 (Register 2004, No. 39).
2. Amendment filed 11-13-2017; operative 1-1-2018 (Register 2017, No. 46).
3. Amendment of subsections (a)(3)(A)-(B) filed 9-14-2022; operative 1-1-2023 (Register 2022, No. 37). Note: Authority cited: Sections 39600, 39601 and 43013, Health and Safety Code. Reference: Section 43013, Health and Safety Code.
1. New section filed 9-20-2004; operative 10-20-2004 (Register 2004, No. 39).
2. Amendment filed 11-13-2017; operative 1/1/2018 (Register 2017, No. 46).
3. Amendment of subsections (a)(3)(A)-(B) filed 9-14-2022; operative 1/1/2023 (Register 2022, No. 37).