Section 2148 - Evaluation of Need for Recall(a) Once the emission information report is filed, the Executive Officer shall evaluate the failure to determine whether a recall is necessary. Factors to be considered shall include, but are not limited to, the following: (1) the validity of the data;(2) the emission impact of the failure on individual vehicles, engines, or trailers;(3) the possibility of induced tampering due to driveability problems resulting from the failure;(4) the effects of the failure on performance, fuel economy, and safety;(5) the failure rates and the timing and extent of a remedy if no recall is required; and(6) other factors specific to the failure.(b) Notwithstanding subsection (a) above, a recall shall not be required if the manufacturer submits information with the emissions information report which demonstrates to the satisfaction of the Executive Officer that the failure: (1) is limited to an emission-related component on a substantial percentage of vehicles or trailers and does not represent a pervasive defect in design, application, or execution which is likely to affect a substantial number of such emission-related components during the useful life of the vehicle, engine, or trailer, and(2) is likely to be corrected under the warranty program or other in-use maintenance procedure shortly after the inception of the problem.(c) If a manufacturer can identify a subgroup of an engine family, test group, vehicle family, or trailer family which is subject to a failure, a recall may be limited to that subgroup with Executive Officer approval.Cal. Code Regs. Tit. 13, § 2148
1. New section filed 1-24-90; operative 2-23-90 (Register 90, No. 8).
2. Amendment of subsection (c) filed 10-28-99; operative 11-27-99 (Register 99, No. 44).
3. Amendment of section and 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, 39500, 39600, 39601, 43000.5, 43013, 43018, 43105, 43204, 43205.5 and 43214 Health and Safety Code. Reference: Sections 38501, 38505, 38510, 38560, 43000, 43009.5, 43018, 43101, 43104, 43105, 43106, 43107 and 43204- 43205.5, Health and Safety Code.
1. New section filed 1-24-90; operative 2-23-90 (Register 90, No. 8).
2. Amendment of subsection (c) filed 10-28-99; operative 11-27-99 (Register 99, No. 44).
3. Amendment of section and 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.