40 C.F.R. § 85.2109

Current through October 31, 2024
Section 85.2109 - Inclusion of warranty provisions in owners' manuals and warranty booklets
(a) A manufacturer shall furnish with each new motor vehicle, a full explanation of the emission warranties required by 42 U.S.C. 7541(a) and (b) , including at a minimum the following information:
(1) A basic statement of the coverage of the emissions performance warranty as set out in § 85.2103 . This shall be separated from any other warranty given by the manufacturer and shall be prefaced by the title "Emissions Performance Warranty" set in bold face type.
(2) A list of all items which are covered by the emission performance warranty for the full useful life of the vehicle. This list shall contain all specified major emission control components. All items listed pursuant to this subsection shall be described in the same manner as they are likely to be described on a service facility work receipt for that vehicle.
(3) A list or a reference to the location of the instructions for proper maintenance and use, together with the time and/or mileage interval at which such instructions are to be performed.
(4) An explanation of the effect that the use of certified parts will have on the emission performance warranty. This explanation shall comport with the provisions of § 85.2105 (b) and (c) , including a statement in boldface type that maintenance, replacement, or repair of the emission control devices and systems may be performed by any automotive repair establishment or individual using any certified part.
(5) Complete instructions as to when and how an owner may bring a claim under the emissions performance warranty, as governed by §§ 85.2104 and 85.2106 . These instructions shall include all the following:
(i) An explanation of the point in time at which a claim may be raised.
(ii) Complete procedures as to the manner in which a claim may be raised.
(iii) The provisions for manufacturer liability contained in § 85.2106(f) if the manufacturer fails to respond within the time period set in accordance with § 85.2106(d) .
(iv) For battery electric vehicles and plug-in hybrid electric vehicles, the manufacturer-defined value for percentage usable battery energy specified in § 85.2103(d)(3) .
(6) An explanation that an owner may obtain further information concerning the emission warranties or that an owner may report violations of the terms of the emission warranties provided under 42 U.S.C. 7541(a) and (b) by contacting the Director, Compliance Division, Environmental Protection Agency, 2000 Traverwood Dr., Ann Arbor, MI 48105 (Attention: Warranty) or email to: complianceinfo@epa.gov.
(b) The warranty information shall be provided in the same document as other warranties provided with the vehicle.
(c) If a separate warranty booklet is provided with the vehicle, the owner's manual shall contain, at a minimum, the following information:
(1) A general list of all warranties covering the vehicle; and
(2) A statement that detailed warranty information can be found in the warranty booklet.
(d) If a separate warranty booklet is not provided with the vehicle, the information specified in paragraph (a) of this section shall be contained in the owner's manual.

40 C.F.R. §85.2109

45 FR 34839, May 22, 1980, as amended at 58 FR 65554, Dec. 15, 1993; 81 FR 73973 , Oct. 25, 2016; 88 FR 4473 , Jan. 24, 2023
81 FR 73973 , 12/27/2016; 88 FR 4473 , 3/27/2023; 89 FR 28153 , 6/17/2024