(a)Applicability.This section shall apply to 2012 and subsequent model year certified engine packages for use in light-duty SPCNSs.
(b)General Defects Warranty Coverage.The manufacturer of each certified engine package shall warrant to the ultimate purchaser and each subsequent purchaser that the certified engine package:
(1) Is designed, built, and equipped so as to conform with all applicable regulations adopted by the ARB pursuant to its authority in chapters 1 and 2, part 5, division 26 of the Health and Safety Code;(2) Is free from defects in materials and workmanship which cause the failure of a warranted part, including any defect in materials or workmanship which would cause the certified engine package's on-board diagnostic malfunction indicator light to illuminate, for a period of three years or 50,000 miles, whichever first occurs;(3) Is free from defects in materials and workmanship which cause the failure of a warranted part described in subsection (c) for seven years or 70,000 miles, whichever first occurs; and(4) The warranty period for a certified engine package shall begin on the date an SPCNS using that certified engine package is registered for use in California or two years after the certified engine package is purchased by the ultimate purchaser, whichever first occurs. However, as an alternative to beginning the warranty period on the date an SPCNS is registered for use in California or two years after the engine is purchased by the ultimate purchaser, a manufacturer may instead begin the warranty period on the purchase date of the certified engine package and warrant for a period of five years or 50,000 miles, which ever first occurs, that the certified engine package is free from defects in materials and workmanship which cause the failure of a warranted part, including any defect in materials or workmanship which would cause the certified engine package's on-board diagnostic malfunction indicator light to illuminate.(c)"High-Priced" Warranted Parts.(1) Each manufacturer shall identify in its application for certification the "high-priced" warranted parts which are: (A) subject to coverage as a warranted part in subsection (b)(2) above; and(B) have an individual replacement cost at the time of certification exceeding the cost limit defined in subsection (c)(3) below.(2) The replacement cost shall be the retail cost to the ultimate purchaser of a certified engine package and includes the cost of the part, labor, and standard diagnosis. The costs shall be those of the highest-cost metropolitan area of California.(3) The cost limit shall be calculated using the following equation: Cost limitn= $300 x (CPIn-2 / 118.3)
where:
Cost limitn is the cost limit for the applicable model year of the certified engine package rounded to the nearest ten dollars.
n is the model year of the certified engine package.
n-2 is the calendar year two years prior to the model year of the certified engine package.
CPI is the annual average nationwide urban consumer price index published by the United States Bureau of Labor Statistics.
(4) The cost limit shall be revised annually by the Executive Officer. The highest-cost metropolitan area in California shall be identified by the Executive Officer for use in this section. If a manufacturer seeks certification of a certified engine package before the applicable annual average CPI is available, the cost limit shall be calculated using the average of the monthly nationwide urban CPI figures for the most recent twelve month period for which figures have been published by the United States Bureau of Labor Statistics.(5) Each manufacturer shall submit to the Executive Officer the documentation used to identify the "high-priced" warranted parts required in this section. The documentation shall include the estimated retail parts costs, labor rates in dollars per hour, and the labor hours necessary to diagnose and replace the parts. The documentation is not required for certified engine packages certified before July 15, 2013.(6) The Executive Officer may reject or require modification of the manufacturer's list of "high-priced" warranted parts to ensure that such list includes all emission-related parts whose replacement cost exceeds the cost limit defined in subsection (c)(3).(d) Subject to the conditions and exclusions of subsection (i), the warranty on emission-related parts shall be interpreted 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 applicable warranty period defined in subsection (b)(2). If any such part fails during the period of warranty coverage, it shall be repaired or replaced by the manufacturer according to subsection (d)(4) below. Any such part repaired or replaced under the warranty shall be warranted for the remaining warranty period.(2) Any warranted part which is scheduled only for regular inspection for maintenance reasons as specified in the written instructions required by subsection (e) shall be warranted for the applicable warranty period defined in subsection (b)(2). 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 required or replaced under warranty shall be warranted for the remaining warranty period.(3) 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 prior to the first scheduled replacement, the part shall be repaired or replaced by the manufacturer according to subsection (d)(4) below. Any such part required or replaced under warranty shall be warranted for the remainder of the period prior to the first scheduled replacement point for the part.(4) Repair or replacement of any warranted part under the warranty provisions of this article shall be performed at no charge to the certified engine package 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 certified engine package 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. A certified engine 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 required by subsection (e) advise the owner of this obligation.(5) Notwithstanding the provisions of subsection (d)(4) above, warranty services or repairs shall be provided at all of a manufacturer's dealerships, warranty stations or service providers which are franchised or under contract to service the subject vehicles or engines.(6) The certified engine owner shall not be charged for diagnostic labor which leads to the determination that a warranted part is defective, provided that such diagnostic work is performed at a warranty station.(7) The manufacturer shall be liable for damages to other vehicle components proximately caused by a failure under warranty of any warranted part.(8) Throughout the certified engine's warranty period defined in subsection (b)(2), the 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 or engine is initially presented to the warranty station for repair, shall constitute an emergency for purposes of subsection (d)(4) above.(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 owner. Such use shall not reduce the warranty obligations of the manufacturer, except that the 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 (d)(7) above).(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 or engine. Such use, in and of itself, shall not be grounds for disallowing a warranty claim made in accordance with this article. The manufacturer shall not be liable under this article to warrant failures of warranted parts caused by the use of such an add-on or modified part.(11) The Executive Officer may request and, in such case, the manufacture shall provide, any documents which describe the manufacturer's warranty procedures or policies.(e) Each manufacturer shall furnish with each certified engine package, written instructions for the maintenance and use of the vehicle or engine by the owner, and the instructions shall be consistent with this article and section 5(b)(1) of the "California Certification Procedures for Light-Duty Engine Packages for Use In Light-Duty Specially Constructed Vehicles for 2012 and Subsequent Model Years," adopted September 27, 2012, which is incorporated by reference herein.(f) Each manufacturer shall furnish with each new certified engine package a list of the "high-priced" warranted parts established by subsection (c).(g) Each manufacturer shall submit the documents required by subsections (c)(5), (e), and (f) with its application for certification pursuant to Section 7 of the "California Certification Procedures for Light-Duty Engine Packages for Use In Light-Duty Specially Constructed Vehicles for 2012 and Subsequent Model Years," adopted September 27, 2012, which is incorporated by reference herein. The Executive Officer may reject or require modification of any of the documents required by subsections (c), (e), and (f) for, among other reasons, incompleteness and lack of clarity. Approval by the Executive Officer of the documents required by subsections (c), (e), and (f) shall be a condition of certification. The Executive Officer shall approve or disapprove the documents required by subsections (c), (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 thereof. In the event of disapproval, the manufacturer may petition the Board to review the decision of the Executive Officer.(h)Motor Vehicle Inspection and Maintenance Program.(1) This subsection applies to light-duty specially constructed vehicles that have 2012 and subsequent model new certified engine packages which fail to pass a Smog Check inspection after the warranty period of three years or 50,000 miles, whichever occurs first, has expired, but before the warranty period of seven years or 70,000 miles, whichever occurs first, has expired. The provisions of this section shall be contained in the warranty statement required pursuant to section 10 of the "California Certification Procedures for Light-Duty Engine Packages for Use In Light-Duty Specially Constructed Vehicles for 2012 and Subsequent Model Years," adopted September 27, 2012, which is incorporated by reference herein.(2) The owner of a certified engine package in a light-duty specially constructed vehicle which fails a Smog Check inspection during the period described in subsection (h)(1) may choose to have the certified engine package repaired at a warranty station. (A) If the warranty station identifies that the Smog Check inspection failure was caused by the failure or malfunction of a "high-priced" part defined in subsection (c), then the 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, improper installation, or improper maintenance as specified in subsection (i).(B) If the warranty station demonstrates that the Smog Check inspection failure was caused by one or more conditions excluded from warranty coverage pursuant to subsection (i), the certified engine package owner shall be liable for all diagnostic and repair expenses. Such expenses shall not exceed the maximum repair costs permissible under the motor vehicle inspection and maintenance program.(C) If the warranty station determines that the Smog Check 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 (i), then the certified engine package owner shall not be charged for the diagnostic and repair costs related to detecting and repairing the warrantable defects.(3) In the alternative, the owner of a certified engine package in a light-duty specially constructed vehicle which fails the Smog Check inspection may choose to have the certified engine package 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 certified engine package 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 defined in subsection (d)(4).(i)Exclusions.The repair or replacement of any warranted part otherwise eligible for warranty coverage under subsections (d) and (h) shall be excluded from such warranty coverage if the manufacturer demonstrates that the engine has been abused, neglected, improperly installed, or improperly maintained, and that such abuse, neglect, improper installation, or improper maintenance was the direct cause of the need for the repair or replacement of the part.
(j)Certified Engine Package Owner Obligations.(1) The owner of any certified engine package warranted pursuant to this article shall be responsible for the performance of all required scheduled maintenance specified in the written instructions furnished to the owner pursuant to subsection (e). Such maintenance may be performed by the owner, at a service establishment of the owner's choosing, or by a person or persons of the owner's choosing.(2) Except as specified in subsection (i), failure of the certified engine package owner to ensure the performance of such scheduled maintenance or to keep maintenance records shall not, per se, be grounds for disallowing a warranty claim.(k)Warranty Card.The manufacturer shall provide a warranty card, or online warranty registration equivalent, with each certified engine package intended for California sale or use, as described in the "California Certification Procedures for Light-Duty Engine Packages for Use in Light-Duty Specially Constructed Vehicles for 2012 and Subsequent Model Years", adopted September 27, 2012, and incorporated by reference herein.
(l)Emissions Control System Warranty Statement.(1) The manufacturer shall furnish a copy of the warranty statement with each 2012 and subsequent model year certified engine package for use in a specially constructed vehicle, as specified in the "California Certification Procedures for Light-Duty Engine Packages for Use in Light-Duty Specially Constructed Vehicles for 2012 and Subsequent Model Years", adopted September 27, 2012, and incorporated by reference herein.(2) The manufacturer shall submit the warranty statement with the manufacturer's application for new certified engine package to the Executive Officer. Approval by the Executive Officer of the documents shall be a condition of certification. The Executive Officer shall approve or disapprove the documents within 90 days of receipt 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.(m)Mediation; Finding of Warrantable Condition.(1) This section is intended to provide a mechanism for mediating unresolved emissions warranty disputes between engine owners and manufacturers or their agents.(2) An engine owner may request that the Executive Officer mediate a warranty claim. (A) Upon receipt of such a claim the Executive Officer, or the Executive Officer's representative, may make a determination regarding whether the claim is meritorious on its face and, if meritorious, shall notify the appropriate dealer, or manufacturer of the claim. The party against whom a complaint is made shall be given a reasonable time in which to respond. The Executive Officer may conduct an informal conference, and may request additional information and evidence.(B) Upon examination of the facts submitted by the parties concerned, the Executive Officer, or the Executive Officer's representative, may find that a warranted part, or a certified engine package's nonconformity with any California statutorily authorized motor vehicle inspection and maintenance program, is eligible for warranty coverage pursuant to this article. If such a finding is made, the Executive Officer shall issue a Finding of Warrantable Condition.(C) The Finding of Warrantable Condition shall include the name of the vehicle or engine package owner, name of manufacturer of the certified engine package, and model of certified engine package, engine family, odometer reading, date of inspection, identification of the defective part or other warrantable condition and the signature of the person issuing the Finding.Cal. Code Regs. Tit. 13, § 2214
1. New section filed 11-6-2012; operative 12-6-2012 (Register 2012, No. 45). 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 11-6-2012; operative 12-6-2012 (Register 2012, No. 45).