The purpose of this section is to establish the enforcement protocol that shall be used by the Air Resources Board (ARB) to assure that engines certified for sale in California are equipped with OBD systems that properly function and meet the purposes and requirements of Cal. Code Regs., title 13, section 1971.1.
The definitions applicable to these rules include those set forth in Health and Safety Code section 39010 et seq. and in Cal. Code Regs., title 13, section 1900(b) and section 1971.1(c), which are incorporated by reference herein. The following definitions are specifically applicable to section 1971.5 and take precedence over any contrary definitions.
"Days", when computing any period of time, unless otherwise noted, means normal working days that a manufacturer is open for business.
"Deficient Emission Threshold Monitor" means a component/system monitor certified with a deficiency (in accordance with Cal. Code Regs., title 13, section 1971.1(k)) for not detecting a malfunction before emissions exceeded the malfunction criteria defined in Cal. Code Regs., title 13, sections 1971.1(e) through (g) that are based on a multiple of, or an additive to, a tailpipe emission standard or an absolute measurement from an applicable emission test cycle (e.g., 1.5 times the applicable Federal Test Procedure (FTP) emission standards, particulate matter (PM) standard plus 0.02 grams per brake horsepower-hour (g/bhp-hr), PM level of 0.03 g/bhp-hr as measured from an applicable emission test cycle).
"Deficient In-Use Performance Monitor" means a component/system monitor certified with a deficiency (in accordance with Cal. Code Regs., title 13, section 1971.1(k)) for not meeting the minimum acceptable in-use monitor performance ratio specified under Cal. Code Regs., title 13, section 1971.1(d) (3.2).
"Engine Class" means a group or set of engines subject to enforcement testing that have been determined by the Executive Officer to share common or similar hardware, software, OBD monitoring strategy, or emission control strategy.
"Engine Manufacturer" means the manufacturer granted certification to sell engines in the State of California.
"Executive Officer" means the Executive Officer of ARB or his or her authorized representative.
"Influenced OBD-Related Recall" means an inspection, repair, adjustment, or modification program initiated and conducted by a manufacturer as a result of enforcement testing conducted by the ARB or any other information for the purpose of correcting any nonconforming OBD system for which direct notification of vehicle or engine owners is necessary.
"Major Monitor" means those monitors covered by the requirements set forth in Cal. Code Regs., title 13, section 1971.1(e), (f), and (g)(4).
"Nonconforming OBD System" means an OBD system on a production engine that has been determined not to comply with the requirements of Cal. Code Regs., title 13, section 1971.1. For purposes of section 1971.5, an engine class shall be considered nonconforming irrespective of whether engines in the engine class, on average, meet applicable emission standards (e.g., evaporative emission standards defined in Cal. Code Regs., title 13, section 1976).
"OBD Emission Testing" refers to testing conducted to determine compliance with the malfunction criteria in Cal. Code Regs., title 13, sections 1971.1(e) through (g) that are based on a multiple of, or an additive to, a tailpipe emission standard or an absolute measurement from an applicable emission test cycle (e.g., 1.5 times the applicable FTP emission standards, PM standard plus 0.02 g/bhp-hr, PM level of 0.03 g/bhp-hr as measured from an applicable emission test cycle).
"OBD Ratio Testing" refers to testing conducted to determine compliance with the required in-use monitor performance ratio in Cal. Code Regs., title 13, section 1971.1(d) (3.2.2).
"Ordered OBD-Related Recall" means an inspection, repair, adjustment, or modification program required by ARB to be conducted by the manufacturer to correct any nonconforming OBD system for which direct notification of vehicle or engine owners is necessary.
"Quarterly Reports" refer to the following calendar periods: January 1 -- March 31; April 1 -- June 30; July 1 -- September 30; October 1 -- December 31.
"Test Sample Group" means a group of production engines in a designated engine class that are equipped with OBD systems and are selected and tested as part of the enforcement testing program set forth in sections (b) and (c).
"Voluntary OBD-Related Recall" means an inspection, repair, adjustment, or modification program voluntarily initiated and conducted by a manufacturer to correct any nonconforming OBD system for which direct notification of vehicle or engine owners is necessary.
To assure that OBD systems on production engines comply with the requirements of Cal. Code Regs., title 13, section 1971.1, ARB may periodically evaluate engines from an engine class. For OBD systems that fail to meet requirements of Cal. Code Regs., title 13, section 1971.1 and for which the noncompliance has been granted a deficiency pursuant to the provisions of Cal. Code Regs., title 13, section 1971.1(k), ARB may evaluate engines with such OBD systems to confirm that the details of the noncompliance are the same as those disclosed by the manufacturer at the time the deficiency was granted.
After determining the engine class to be tested, the Executive Officer shall determine the appropriate number of engines to include in the test sample group for enforcement testing in accordance with the following guidelines:
After conducting enforcement testing pursuant to section (b)(4) above, the Executive Officer shall make a finding of nonconformance of the OBD system in the identified engine class under the respective tests for the applicable model year(s) as follows:
To assure that OBD systems on production engines certified on an engine dynamometer are able to detect a fault before emissions exceed the malfunction criteria established in Cal. Code Regs., title 13, sections 1971.1 (e) through (g), engine manufacturers shall evaluate engines for each model year, starting with the 2010 model year. The Executive Officer may waive the testing requirements of section (c) for a specific model year if the following are met:
After the engine manufacturer has conducted testing pursuant to sections (c)(3) and (c)(4) and the Executive Officer has received the test results pursuant to section (c)(6) above, the Executive Officer shall make a finding of nonconformance of the OBD system in the engine class according to the criteria of section (b)(6)(A).
Upon making the determination of nonconformance in section (c)(7) above, the Executive Officer shall follow the procedures and requirements of section (b)(7).
If a manufacturer initiates a voluntary OBD-related recall campaign, the manufacturer shall notify the Executive Officer of the recall at least 45 days before owner notification is to begin. The manufacturer shall also submit a voluntary OBD-related recall plan for approval, as prescribed under section (e)(1) below. A voluntary recall plan shall be deemed approved unless disapproved by the Executive Officer within 30 days after receipt of the recall plan.
The Executive Officer may seek penalties pursuant to the applicable provisions of the Health and Safety Code for violations of the requirements of Cal. Code Regs., title 13, section 1971.1 or for production engines otherwise failing to be equipped with OBD systems that have been certified by ARB. In determining the penalty amounts that ARB may seek, the Executive Officer shall consider all relevant circumstances including the factors set forth below:
If the required remedial action involves a recall, the manufacturer shall provide, through its service agents, to owners of vehicles or engines that have had the remedial action performed a certificate that confirms that the engine has been recalled and that required inspection and/or repairs have been performed. The Executive Officer shall prescribe a format for the certificate, which shall be consistent with the format required in Cal. Code Regs., title 13, section 2117 and section 2129.
Data Elements | Positions | |
* | File Code (designated by DMV) | 1 |
* | License Plate Number | 2-8 |
* | Last three VIN positions | 9-11 |
* | Recall ID Number | 12-17 |
* | Mfg. ID Number (Mfg. Occupational License Number) | 18-22 |
* | Recall Start Date (mmddyyyy) | 23-30 |
* | Add or Delete Flag (A/D) | 31 |
* | Complete VIN (File Code "L" or "S") | 32-48 |
Upon request of the manufacturer, the Executive Officer may extend any deadline set forth in section 1971.5(e) upon finding that the manufacturer has demonstrated good cause for the requested extension.
Cal. Code Regs. Tit. 13, § 1971.5
2. Amendment of section and NOTE filed 7-31-2013; operative 7-31-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 31).
3. Amendment of subsection (a)(3) -- definition of "Nonconforming OBD System" filed 7-25-2016; operative 7-25-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 31).
4. Amendment of section and NOTE filed 10-3-2019; operative 10-3-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 40).
5. New subsections (b)(6)(A)(iii)c.3., (b)(6)(A)(iv)c. and (b)(6)(A)(v)3. 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.
6. New subsection (a)(1)(C) and (b)(6)(B)(v), amendment of subsections (b)(6)(C)(ii)a.-(b)(6)(C)(iii) and (c)(6)(A)(iv)a., new subsections (c)(6)(A)(v)-(xiv), amendment of subsections (d)(3)(i)a. and (d)(6)(B)(iv), new subsections (e)(4)(D)-(e)(4)(D)(iii), amendment of subsections (e)(6)(B) and (e)(6)(B)(x) and amendment of NOTE filed 11-22-2022; operative 11-22-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 47). 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, 38510, 39010, 39600, 39601, 39602.5, 43000.5, 43013, 43016, 43018, 43100, 43101, 43104, 43105, 43105.5, 43106, 43154, 43211 and 43212, Health and Safety Code. Reference: Sections 38501, 38505, 38510, 39002, 39003, 39010, 39018, 39021.5, 39024, 39024.5, 39027, 39027.3, 39028, 39029, 39031, 39032, 39032.5, 39033, 39035, 39037.05, 39037.5, 39038, 39039, 39040, 39042, 39042.5, 39046, 39047, 39053, 39054, 39058, 39059, 39060, 39515, 39600, 39601, 39602.5, 43000, 43000.5, 43004, 43006, 43013, 43016, 43018, 43100, 43101, 43102, 43104, 43105, 43105.5, 43106, 43150, 43151, 43152, 43153, 43154, 43155, 43156, 43204, 43211 and 43212, Health and Safety Code.
2. Amendment of section and Note filed 7-31-2013; operative 7-31-2013 pursuant to Government Code section 11343.4(b)(3)(Register 2013, No. 31).
3. Amendment of subsection (a)(3) - definition of "Nonconforming OBD System" filed 7-25-2016; operative 7/25/2016 pursuant to Government Code section 11343.4(b)(3) (Register 2016, No. 31).
4. Amendment of section and Note filed 10-3-2019; operative 10/3/2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 40).
5. New subsections (b)(6)(A)(iii)c.3., (b)(6)(A)(iv)c. and (b)(6)(A)(v)3. 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.
6. New subsection (a)(1)(C) and (b)(6)(B)(v), amendment of subsections (b)(6)(C)(ii)a.-(b)(6)(C)(iii) and (c)(6)(A)(iv)a., new subsections (c)(6)(A)(v)-(xiv), amendment of subsections (d)(3)(i)a. and (d)(6)(B)(iv), new subsections (e)(4)(D)-(e)(4)(D)(iii), amendment of subsections (e)(6)(B) and (e)(6)(B)(x) and amendment of Note filed 11-22-2022; operative 11/22/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 47). 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.