Section 2405.3 - Ordered Recalls(a)(1) If the Executive Officer determines that a substantial number of any class or category of engines, although properly maintained and used, do not conform to the regulations prescribed under Section 2400-2409, Chapter 9, Title 13 of the California Code of Regulations, when in actual use throughout their durability period (as defined under section 2403) , the Executive Officer shall immediately notify the manufacturer of such nonconformity and require the manufacturer to submit a plan for remedying the nonconformity of the engines with respect to which such notification is given. (A) The manufacturer's plan shall provide that the nonconformity of any such engines which are properly used and maintained will be remedied at the expense of the manufacturer.(B) If the manufacturer disagrees with such determination of nonconformity and so advises the Executive Officer, the Executive Officer shall afford the manufacturer and other interested persons an opportunity to present their views and evidence in support thereof at a public hearing pursuant to Article 1, Chapter 15, Title 13, California Code of Regulations, Section 2771. Unless, as a result of such hearing, the Executive Officer withdraws such determination of nonconformity, the Executive Officer shall, within 60 days after the completion of such hearing, order the manufacturer to provide prompt notification of such nonconformity in accordance with paragraph (a)(2) of this section. The manufacturer shall comply in all respects with the requirements of this subpart.(2) Any notification required to be given by the manufacturer under paragraph (a)(1) of this section with respect to any class or category of engines shall be given to dealers, ultimate purchasers, and subsequent purchasers (if known) in such manner and containing such information as required in section 2405.1(d).(3)(A) Prior to a CARB ordered recall, the manufacturer may perform a voluntary emissions recall pursuant to regulations at section 2405.2. Such manufacturer is subject to the reporting and recordkeeping requirements of section 2405.2(c) and (d).(B) Once CARB determines that a substantial number of engines fail to conform with the requirements of Section 2400-2409, Chapter 9, Title 13 of the California Code of Regulations, the manufacturer will not have the option of a voluntary recall.(b) The manufacturer bears all cost obligation a dealer incurs as a result of a requirement imposed by paragraph (a) of this section. The transfer of any such cost obligation from a manufacturer to a dealer through franchise or other agreement is prohibited.(c) Any inspection of an engine for purposes of paragraph (a)(1) of this section, after its sale to the ultimate purchaser, is to be made only if the owner of such engine voluntarily permits such inspection to be made, except as may be provided by any state or local inspection program.Cal. Code Regs. Tit. 13, § 2405.3
1. New section filed 9-20-2004; operative 10-20-2004 (Register 2004, No. 39).
2. Amendment of subsections (a)(1)(B) and (a)(3)(A)-(B) filed 9-14-2022; operative 1-1-2023 (Register 2022, No. 37). Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43150- 43154, 43205.5 and 43210- 43212, Health and Safety Code.
1. New section filed 9-20-2004; operative 10-20-2004 (Register 2004, No. 39).
2. Amendment of subsections (a)(1)(B) and (a)(3)(A)-(B) filed 9-14-2022; operative 1/1/2023 (Register 2022, No. 37).