Cal. Code Regs. tit. 13 § 2445.2

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

Section 2445.2 - Emission Control Warranty Statements

(a) Each engine manufacturer must provide a verbatim copy of the following statement with each new 2001 model year and later spark-ignition personal watercraft and outboard marine engine and with each new 2003 model year and later spark-ignition sterndrive/inboard marine engine, using those portions of the statement applicable to the engine.

CALIFORNIA EMISSION CONTROL WARRANTY STATEMENT YOUR WARRANTY RIGHTS AND OBLIGATIONS

The California Air Resources Board (and engine manufacturer's name, optional) is (are) pleased to explain the emission control system warranty on your (model year)(sterndrive/inboard, outboard, or personal watercraft) engine. In California, new (sterndrive/inboard, outboard, or personal watercraft) engines must be designed, built and equipped to meet the State's stringent anti-smog standards. (Engine manufacturer's name) must warrant the emission control system on your (sterndrive/inboard, outboard, or personal watercraft) engine for the periods of time listed below provided there has been no abuse, neglect or improper maintenance of your (sterndrive/inboard, outboard or personal watercraft) engine.

Your emission control system may include parts such as the carburetor or fuel injection system, the ignition system, and catalytic converter. Also included may be hoses, belts, connectors and other emission-related assemblies.

Where a warrantable condition exists, (engine manufacturer's name) will repair your (sterndrive/inboard, outboard or personal watercraft) engine at no cost to you, including diagnosis, parts and labor.

MANUFACTURER'S WARRANTY COVERAGE:

(For spark-ignition personal watercraft and outboard marine engines:) Select emission control parts from model year 2001 and later (outboard or personal watercraft) engines are warranted for 4 years, or for 250 hours of use, whichever first occurs.

(For 2003-2005 spark-ignition sterndrive/inboard marine engines:) Select emission control parts from model year 2003-2005 (sterndrive/inboard) engines are warranted for 2 years.

(For 2006-2008 spark-ignition sterndrive/inboard marine engines certified according to Option 1 in Section 2442(b)(1):)

Select emission control parts from model year 2006-2008 (sterndrive/inboard) engines are warranted for 2 years.

(For 2006-2007 spark-ignition sterndrive/inboard marine engines certified according to Option 2 in Section 2442(b)(1):) Select emission control parts from model year 2006-2007 (sterndrive/inboard) engines are warranted for 2 years.

(For 2008 spark-ignition sterndrive/inboard marine engines certified according to Option 2 in Section 2442(b)(1):)

Select emission control parts from model year 2008 (sterndrive/inboard) engines are warranted for 3 years or 480 hours, whichever first occurs.

(For 2009 and later spark-ignition sterndrive/inboard marine engines 373 kilowatts and less:)

Select emission control parts from model year 2009 and later (sterndrive/inboard) engines are warranted for 3 years or 480 hours, whichever first occurs.

(For 2009 and later spark-ignition sterndrive/inboard marine engines greater than 373 kilowatts, but less than or equal to 485 kilowatts:)

Select electronic emission-related control parts from model year 2009 and later (sterndrive/inboard) engines are warranted for 3 years or 480 hours, whichever first occurs. Select mechanical emission-related components are warranted for 3 years or 150 hours of operation, whichever first occurs.

(For 2009 and later spark-ignition sterndrive/inboard marine engines greater than 485 kilowatts:)

Select electronic emission-related control parts from model year 2009 and later (sterndrive/inboard) engines are warranted for 3 years or 480 hours, whichever first occurs. Select mechanical emission-related components are warranted for 1 year or 50 hours of operation, whichever first occurs.

However, warranty coverage based on the hourly period is only permitted for engines that are equipped with hour meters as defined in § 2441(a)(13) or their equivalent. If any emission-related part on your engine is defective under warranty, the part will be repaired or replaced by (engine manufacturer's name).

OWNER'S WARRANTY RESPONSIBILITIES:

- As the (sterndrive/inboard, outboard or personal watercraft) engine owner, you are responsible for the performance of the required maintenance listed in your owner's manual. (Engine manufacturer's name) recommends that you retain all receipts covering maintenance on your (sterndrive/inboard, outboard or personal watercraft) engine, but (engine manufacturer's name) cannot deny warranty solely for the lack of receipts or your failure to ensure the performance of all scheduled maintenance.

- As the (sterndrive/inboard, outboard or personal watercraft) engine owner, you should however be aware that (engine manufacturer's name) may deny you warranty coverage if your (sterndrive/inboard, outboard or personal watercraft) engine or a part has failed due to abuse, neglect, improper maintenance or unapproved modifications.

- You are responsible for presenting your (sterndrive/inboard, outboard or personal watercraft) engine to a (engine manufacturer's name) distribution center as soon as a problem exists. The warranty repairs will be completed in a reasonable amount of time, not to exceed 30 days.

If you have any questions regarding your warranty rights and responsibilities, you should contact (Insert chosen contact of engine manufacturer) at 1-XXX-XXX-XXXX.

(b) Commencing with the 2001 model year, each engine manufacturer must also provide with each new engine a warranty statement in accordance with section 2445.1, Title 13, California Code of Regulations, that generally describes the obligations and rights of the engine manufacturer and engine owner under this article. Engine manufacturers must also include in the warranty statement a phone number the consumer may use to obtain their nearest franchised service center.

(c) Each engine manufacturer must submit the documents required by Subsections (a) and (b) with the engine manufacturer's application for new engine certification for approval by the Executive Officer. The Executive Officer may reject or require modifications of the documents to the extent the submitted documents do not satisfy the requirements of Subsections (a) and (b). Approval by the Executive Officer of the documents required by Subsections (a) and (b) is a condition of certification. The Executive Officer will approve or disapprove the documents required by Subsections (a) and (b) within ninety (90) days of the date such documents are received from the engine manufacturer. Any disapproval must be accompanied by a statement of reasons therefore. In the event of disapproval, the engine manufacturer may petition the Board to review the decision of the Executive Officer pursuant to Subchapter 1.25 of Title 17, California Code of Regulations.

Cal. Code Regs. Tit. 13, § 2445.2

1. New section filed 12-8-99; operative 1-7-2000 (Register 99, No. 50).
2. Amendment filed 7-22-2002; operative 8-21-2002 (Register 2002, No. 30).
3. Amendment of subsection (a) filed 11-13-2006; operative 12-13-2006 (Register 2006, No. 46).
4. Change without regulatory effect amending subsection (a) filed 11-13-2006 pursuant to section 100, title 1, California Code of Regulations (Register 2006, No. 46).
5. Amendment filed 7-17-2009; operative 8-16-2009 (Register 2009, No. 29).

Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43105, 43150- 43154, 43205.5 and 43210- 43212, Health and Safety Code.