Cal. Code Regs. tit. 13 § 2149

Current through Register 2024 Notice Reg. No. 44, November 1, 2024

Section 2149 - Notification and Subsequent Action

(a) The Executive Officer shall notify the manufacturer of the evaluation results. If the Executive Officer deems a noncompliance exists, a manufacturer shall have 15 days upon receipt of ARB notification to notify the ARB in writing of its intent to perform a recall. A manufacturer may initiate one of the following recalls:

(1) A voluntary recall if the emissions information report submitted was required pursuant to section 2146(a)(1) or (a)(3) of these procedures;

(2) An influenced recall if the emissions information report submitted was required pursuant to section 2146(a)(2) of these procedures.

(b) If no notification to perform a voluntary or influenced recall is submitted by the manufacturer within the 15-day period specified in subsection (a) above, the ARB may initiate further investigation which could lead, respectively, to an influenced or ordered recall of the subject vehicles, engines, or trailers.

(c) Following notification of noncompliance by the ARB, a manufacturer shall submit within 45 days a recall plan in accordance with section 2113(a) or (b), title 13, California Code of Regulations.

Cal. Code Regs. Tit. 13, § 2149

1. New section filed 1-24-90; operative 2-23-90 (Register 90, No. 8).
2. 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, 43204- 43205.5, 43211- 43213 and 43107, Health and Safety Code.

1. New section filed 1-24-90; operative 2-23-90 (Register 90, No. 8).
2. 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.