Cal. Code Regs. tit. 13 § 2209.1

Current through Register 2024 Notice Reg. No. 50, December 13, 2024
Section 2209.1 - Definitions
(a) For the purposes of this article, the definitions in section 1900(b), chapter 1, title 13 of the California Code of Regulations (CCR) shall apply, except as otherwise specified in this article. The following definitions shall also apply to this article:
(1) "Certified engine package" means a new engine with emission control package, intended for use only in a SPMV with a gross vehicle weight rating (GVWR) at or below 8,500 pounds, including but not limited to a fully assembled and functioning engine, engine and transmission controllers, emission control components, emission control sensors and monitors, exhaust system (manifolds, connecting down pipes, and catalysts), evaporative emissions system control components (e.g. canister, purge control valves, etc.) and purge control logic, which has been certified as required by this article.
(2) "Crankcase" is the volume that encloses the crankshaft and connecting rods.
(3) "Crankcase emissions" means airborne substances emitted into the atmosphere from any portion of the engine crankcase ventilation or lubrication system.
(4) "Critical Components" means any hardware and/or electrical component necessary for the proper function of the emission control system or the vehicle's on-board diagnostics.
(5) "Emission control system" or "ECS" includes any component, group of components, or engine modification which controls or causes the reduction of substances emitted from an engine or an SPMV.
(6) "Engine identification codes" will decipher the engine identification number.
(7) "Engine identification number" is a series of letters and numbers stamped into the block of the engine.
(8) "Engine manufacturer" means the manufacturer granted certification for a certified engine package.
(9) "Engine package" is a new engine with emission control package, intended for use only in a SPMV with a gross vehicle weight rating (GVWR) at or below 8,500 pounds, including but not limited to a fully assembled and functioning engine, engine and transmission controllers, emission control components, emission control sensors and monitors, exhaust system (manifolds, connecting down pipes, and catalysts), evaporative emissions system control components (e.g. canister, purge control valves, etc.) and purge control logic, which is proposed for certification as required by this article but has not yet obtained such certification.
(10) "Exhaust emissions" means airborne substances emitted into the atmosphere from any opening downstream from the exhaust port of an engine.
(11) "Exhaust emission system means manifolds, connecting down pipes, oxygen sensors and catalysts.
(12) "Light-duty motor vehicle" refers to either a passenger car or light-duty truck.
(13) "Motor vehicle inspection and maintenance program" means the program as set forth in sections 44000 through 44126 in Article 1 of Chapter 5, Part 5, Division 26 of the Health and Safety Code.
(14) "Purge control logic" means the programmed calibration software that controls the evaporative canister purge.
(15) "Smog Check inspection" means the program as set forth in sections 44000 through 44126 in Article 1 of Chapter 5, Part 5, Division 26 of the Health and Safety Code.
(16) "Specially produced motor vehicle" or "SPMV" means a newly produced current model year passenger car or light-duty truck, with a gross vehicle weight rating (GVWR) at or below 8,500 pounds, that meets all of the following requirements:
(A) Resembles the body of a motor vehicle, on an overall 1:1 scale (+/-10 percent) of original body lines, excluding roof configuration, ride height, trim attached to the body, fenders, running boards, grille, hood or hood lines, windows, and axle location, that had been commercially manufactured during consecutive model years, for sale not less than 25 years after the latest model year, with a production run of at least 50 units of a unique body style, before production of the current model year motor vehicle;
(B) Meets any applicable National Highway Traffic and Safety Administration (NHTSA) provisions requiring the vehicle to be manufactured under a license agreement for the intellectual property rights for the replicated vehicle from the original manufacturer or its current owner, successor or assignee, as determined by NHTSA;
(C) Meets any applicable NHTSA requirements regarding vehicle safety, as determined by NHTSA;
(D) SPMVs are subject to state titling and registration laws and regulations, including smog check and emissions compliance, and must consider the following:
1. Subject to smog check requirements starting with registrations first made or renewed on or after January 1, 2019.
2. A SPMV shall be treated as a new vehicle for purposes of smog check, resale and previously registered outside the state shall be subject to a smog check inspection upon registration.
3. SPMV manufacturer's name must be listed in state titling and registration information.
(17) "SPMV manufacturer" means a low volume motor vehicle manufacturer that produces an annual worldwide production (including by a parent or subsidiary of the manufacturer) of not more than 5,000 motor vehicles each year, including prior years. It may construct and sell up to 325 SPMVs in the U.S. each year, must meet all applicable NHTSA requirements including but not limited to being registered with and filing annual production reports with NHTSA. A SPMV manufacturer is subject to recordkeeping and defect/noncompliance notification and remedy requirements. A SPMV manufacturer may be subject to civil penalties for noncompliance.
(A) A SPMV manufacturer must obtain a California Air Resources Board (CARB) Executive Order as set forth in the "California Certification Procedures for Light-Duty Engine Packages for Use In Light-Duty Specially-Produced Motor Vehicles for 2019 and Subsequent Model Years," adopted June 17, 2019, to sell SPMVs in California.
(18) "SPMV owner" means the ultimate purchaser of a new SPMV and subsequent owners.
(19) "Ultimate purchaser" means ultimate purchaser as defined by California Health and Safety Code 39055.5.
(20) "Useful life" means 150,000 miles or 15 years for exhaust and crankcase emissions for vehicles certified to the LEV III exhaust emission standards, or 120,000 miles or 10 years for exhaust and crankcase emissions for vehicles certified to the LEV II exhaust emission standards; and 150,000 miles or 15 years for evaporative emissions.
(21) "Warrantable condition" means any condition of a certified engine package or SPMV manufacturer that triggers the responsibility of the engine manufacturer to take corrective action pursuant to sections 2209.6, 2209.7, or 2209.10, title 13, CCR.
(22) "Warranted part" means any part installed on a certified engine package by the engine manufacturer or SPMV manufacturer, or installed in a warranty repair, which affects any regulated emissions from a certified engine package that is subject to any of the standards prescribed in this article and the documents incorporated by reference herein.
(23) "Warranty period" means the period of time and mileage that the certified engine package or part are covered by the warranty provisions.
(24) "Warranty station" means a facility authorized by the engine manufacturer, or a repair facility agreed upon by both the engine manufacturer and the SPMV manufacturer, to service the warranted engine or SPMV.
(25) "Worst case vehicle" means:
(A) For exhaust purposes, a vehicle configuration with a vehicle test weight, vehicle road load, vehicle frontal area, calibration, emission control system configuration and calibration, transmission, engine displacement, and engine speed to vehicle speed (N/V) ratio which (1) with respect to emission deterioration over the vehicle's useful life, produces the greatest stress on the emission related components or (2) with respect to certification testing, has the greatest probability of exceeding any of the applicable emission standards.
(B) For evaporative emissions purposes, a light duty vehicle which produces the highest evaporative emissions. The following criteria shall be considered when selecting the worst case vehicle: the canister working capacity, fuel tank vapor space, fuel tank configuration, and purge flow.
(26) "Zero emission SPMV" means an SPMV with no combustion engine.
(27) "ZEV" means zero emission vehicle.

Cal. Code Regs. Tit. 13, § 2209.1

1. New section filed 8-5-2019; operative 10-1-2019 (Register 2019, No. 32).

Note: Authority cited: Sections 39600, 39601, 43000, 43100, 43101, 43102, 43104 and 43105, Health and Safety Code. Reference: Sections 39002, 39003, 43000, 43100, 43101, 43102, 43104, 43105, 43106 and 43205, Health and Safety Code; and Section 580, Vehicle Code.

1. New section filed 8-5-2019; operative 10/1/2019 (Register 2019, No. 32).