Section 85.2111 - Warranty enforcementThe following acts are prohibited and may subject a manufacturer to a civil penalty as described in paragraph (d) of this section:
(a) Selling or leasing a light duty vehicle without providing in writing the warranty information required by § 85.2109 ;(b) Failing or refusing to comply with the terms and conditions of the emission warranties provided under 42 U.S.C. 7541(a) and (b) with respect to any vehicle to which this subpart applies. Acts constituting such a failure or refusal shall include, but are not limited to, the following: (1) Failure to honor a valid warranty claim,(2) Performance of a warranty repair in a manner which cannot reasonably be expected to allow the vehicle to meet applicable emission standards for the remainder of its useful life,(3) Failure of a manufacturer to reimburse a dealer or other designated agent for performance of a vehicle repair made pursuant to this subpart, and(4) Failure of a manufacturer to supply a part necessary to perform a warranty repair within the time limit specified under § 85.2106(d) , unless such failure is for a reason not attributable to the vehicle manufacturer or the warranty repair facility;(c) To provide directly or indirectly in any communication to the ultimate purchaser or any subsequent purchaser that emission warranty coverage is conditioned upon the use of any name brand component, or system or upon service (other than a component or service provided without charge under the terms of the purchase agreement), unless the communication is made pursuant to a written waiver by the Office Director.(d) The maximum penalty value is $37,500 for each offense that occurs after November 2, 2015. Maximum penalty limits may be adjusted based on the Consumer Price Index as described at 40 CFR part 19.45 FR 34839, May 22, 1980, as amended at 58 FR 65554, Dec. 15, 1993; 70 FR 40432 , July 13, 2005; 88 FR 4473 , Jan. 24, 2023