Cal. Code Regs. tit. 13 § 2209.4

Current through Register 2024 Notice Reg. No. 49, December 6, 2024
Section 2209.4 - Requirements for SPMV Manufacturers
(a) A SPMV manufacturer must be currently approved by the National Highway Traffic and Safety Administration and registered with the United States Environmental Protection Agency to produce for the current model year of the SPMV certification application.
(b) SPMV manufacturers planning to commence installation of a certified engine package in California for the first time shall send a "Letter of Intent" to commence such installation to:

CHIEF

EMISSIONS CERTIFICATION AND COMPLIANCE DIVISION

CALIFORNIA AIR RESOURCES BOARD

4001 IOWA AVENUE,

RIVERSIDE, CA 92507

The Letter of Intent shall include general information on the company's product offering and contact information including:

(1) Copies of the filed federal registrations required by subsection (a) above,
(2) An Executive Order number and description of the certified engine package to be installed into the SPMV models,
(3) Persons authorized to sign documents for submittal to CARB,
(4) Persons authorized to submit signed documents to CARB, and
(5) Persons authorized to communicate with CARB staff during the certification review process. Upon receiving the "Letter of Intent", CARB will assign a manufacturer code to the SPMV manufacturer and register the authorized personnel.
(c) A SPMV manufacturer shall install a certified engine package in accordance with installation instructions provided by the engine manufacturer, acquire other necessary parts per the engine manufacturer's instructions and install according to the engine manufacturer's instructions.
(d) A SPMV manufacturer shall not install a certified engine package in a vehicle that exceeds the weight or N/V limits used to certify the certified engine package.
(e) A SPMV manufacturer shall not modify the certified engine package and emission related components provided by the engine manufacturer.
(f) A SPMV manufacturer shall permanently affix the required engine manufacturer's emission label in a readily accessible visible location on the SPMV as specified by the engine manufacturer and according to section 2209.5.
(g) The SPMV manufacturer shall also permanently affix their own vehicle information label in a readily accessible and visible location on the SPMV and must meet the emissions labeling requirements as new passenger vehicles. In addition to those requirements, the label must clearly states the SPMV manufacturer's name and address, state that the vehicle is a replica, and designate the make, model, model year such vehicle replicates; and build completion date.
(h) A SPMV manufacturer shall maintain, for a period of not less than five years, written and photographic records documenting (1) the N/V ratio; (2) weight; (3) evaporative canister installation (photograph required); (4) installation of the label meeting the requirements of section (b)(5) above (photograph required); (5) the appearance of the finished SPMV from both the right and left sides (photographs required); and (6) for ECS using one or more oxygen sensors, photographic evidence that the oxygen sensors were installed in the proper location. A SPMV manufacturer shall, upon request, provide such written and photographic records to CARB within 10 working days.
(i) A SPMV manufacturer shall notify CARB of the location where installation of a certified engine package into SPMV will be performed, where inspections can be conducted, and where records will be kept.
(j) A SPMV manufacturer shall provide an installation and parts warranty, as specified in section 2209.10, title 13, CCR.
(k) A SPMV manufacturer shall complete and return to the engine manufacturer an affidavit, as provided by the engine manufacturer, that the certified engine package has been installed per the engine manufacturer's instructions into a SPMV. A copy of the completed affidavit must also be given to the SPMV owner.
(l) A SPMV manufacturer shall not install in a new SPMV any certified engine package which was manufactured by the engine manufacturer more than twenty-four (24) months prior to the date of installation in the SPMV.
(m) No person may manufacture for sale, sell, advertise for sale, or offer for sale in California a SPMV that does not comply with all the provisions of this article. Failure to comply with the requirements of this article shall subject a SPMV manufacturer to civil penalties and/or the revocation of any applicable Executive Order. Any violation of this article shall be subject to the penalty provision of Part 5 of Division 26 of the Health and Safety Code.

Cal. Code Regs. Tit. 13, § 2209.4

Note: Authority cited: Sections 39600, 39601, 43000, 43100, 43101, 43102, 43104 and 43105, Health and Safety Code. Reference: Sections 39002, 39003, 43000, 43100, 43101, 43102, 43104, 43105, 43106 and 43205, Health and Safety Code; and Section 580, Vehicle Code.

Note: Authority cited: Sections 39600, 39601, 43000, 43100, 43101, 43102, 43104 and 43105, Health and Safety Code. Reference: Sections 39002, 39003, 43000, 43100, 43101, 43102, 43104, 43105, 43106 and 43205, Health and Safety Code; and Section 580, Vehicle Code.

1. New section filed 8-5-2019; operative 10/1/2019 (Register 2019, No. 32).
2. Editorial correction adding NOTE (Register 2019, No. 36).
3. Change without regulatory effect amending subsection (b) filed 7-16-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 29).