Section 2114 - Voluntary and Influenced Recall Plans(a) The recall plan for both voluntary and influenced recalls shall contain the following information unless otherwise specified: (1) A description of each class or category of vehicle, engine, or trailer subject to recall including the number of vehicles, engines, or trailers to be recalled, the engine family, test group, vehicle family, trailer family, or a subgroup thereof, the model year, the make, the model, and such other information as may be required to identify the vehicles, engines, or trailers to be recalled.(2) A description of the nonconformity and the specific modifications, alterations, repairs, adjustments, or other changes to be made to correct the vehicles, engines, or trailers.(3) A description of the method by which the manufacturer will determine the names and addresses of vehicle, engine, or trailer owners and the manufacturer's method and schedule for notifying the service facilities and vehicle, engine, or trailer owners of the recall.(4) A description of the procedure to be followed by vehicle, engine, or trailer owners to obtain correction of the nonconformity. This shall include the date on or after which the owner can have the nonconformity remedied, the time reasonably necessary to perform the labor to remedy the nonconformity, and the designation of facilities at which the nonconformity can be remedied.(5) If some or all of the nonconforming vehicles, engines, or trailers are to be remedied by persons other than dealers or authorized warranty agents of the manufacturer, a description of such class of persons.(6) A copy of the letter of notification to be sent to vehicle, engine, or trailers owners.(7) A description of the system by which the manufacturer will assure that an adequate supply of parts will be available to perform the repair under the recall plan, including the date by which an adequate supply of parts will be available to initiate the repair campaign, and the method to be used to assure the supply remains both adequate and responsive to owner demand.(8) A copy of all necessary instructions to be sent to those persons who are to perform the repair.(9) A description of the impact of the proposed repairs or adjustments on fuel economy, driveability, performance and safety of each class or category of vehicles, engines, or trailers to be recalled and a brief summary of the data, technical studies, or engineering evaluations which support these descriptions.(10) Under an influenced recall, an estimate of the capture rate from the proposed recall derived from actual data and/or manufacturer experience. A 60 percent capture rate shall be assigned for recalls based exclusively on noncompliance as defined in section 2112(h)(1), above.(11) Under an influenced recall based on noncompliance as defined in Section 2112(h)(2), above, a description of the impact of the proposed changes on the average emissions from the vehicles, engines, or trailers to be recalled. The description shall contain the following:(A) Average noncompliance emission levels.(B) Average emission reduction per pollutant resulting from the recall repair. These averages shall be verified by the manufacturer by applying the proposed recall repairs to two or more in-use vehicles, engines, or trailers representing the average noncompliance emission levels. Only those vehicles, engines, or trailers with baseline-emission levels within 25 percent of the average emission levels of noncomplying pollutant(s) established under the in-use enforcement test program may be used by manufacturers to verify proposed recall repairs. The Executive Officer may allow the use of vehicles, engines, or trailers exceeding these limits if none which meet the limits can be reasonably procured. In the case of heavy-duty engines, the average emission levels may be verified using laboratory engines, subject to approval by the Executive Officer.(C) An estimate of the average emission level per pollutant for the class or category of vehicles, engines, or trailers after repair as corrected by the estimated capture rate. The estimated average emission level shall comply with the applicable emission standard. The Executive Officer may waive the requirement for average emission compliance with the standards provided the emission level per vehicle or trailer repaired is reduced to its new-vehicle or trailer certification emission level at a minimum capture rate of 60 percent.Cal. Code Regs. Tit. 13, § 2114
1. Renumbering and amendment of text previously incorporated by reference in Section 2112 to Section 2114 filed 1-24-90; operative 2-23-90 (Register 90, No. 8). For prior history, see Registers 86, No. 38 and 83, No. 17.
2. Amendment of NOTE filed 1-26-95; operative 1-26-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 4). Note: Under section 209(e)(2) of the Federal Clean Air Act (42 U.S.C. § 7543(e)(2)), California is required to receive authorization from the Administrator of the U.S. Environmental Protection Agency (U.S. EPA) prior to enforcing its regulations regarding new off-road vehicles and engines. Accordingly, the Air Resources Board will not seek to enforce the off-highway recreational vehicle regulations until such time as it receives authorization from the U.S. EPA.
3. Amendment of subsections (a)(1), (a)(10) and (a)(11) filed 10-28-99; operative 11-27-99 (Register 99, No. 44).
4. Editorial correction restoring inadvertently omitted subsection (a)(10) (Register 99, No. 45).
5. Amendment of section NOTE 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. Note: Authority cited: Sections 38501, 38505, 38510, 38560, 39600, 39601, 43013, 43018 and 43105, Health and Safety Code. Reference: Health and Safety Code Sections 38501, 38505, 38510, 38560, 43000, 43009.5, 43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204- 43205.5, Health and Safety Code.
1. Renumbering and amendment of text previously incorporated by reference in Section 2112 to Section 2114 filed 1-24-90; operative 2-23-90 (Register 90, No. 8). For prior history, see Registers 86, No. 38 and 83, No. 17.
2. Amendment of Note filed 1-26-95; operative 1-26-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 4). Note: Under section 209(e)(2) of the Federal Clean Air Act ( 42 U.S.C. s 7543(e)(2) ), California is required to receive authorization from the Administrator of the U.S. Environmental Protection Agency (U.S. EPA) prior to enforcing its regulations regarding new off-road vehicles and engines. Accordingly, the Air Resources Board will not seek to enforce the off-highway recreational vehicle regulations until such time as it receives authorization from the U.S. EPA.
3. Amendment of subsections (a)(1), (a)(10) and (a)(11) filed 10-28-99; operative 11-27-99 (Register 99, No. 44).
4. Editorial correction restoring inadvertently omitted subsection (a)(10) (Register 99, No. 45).
5. Amendment of section Note 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.