2007 California Health and Safety Code Article 2. Manufacturers And Dealers

CA Codes (hsc:43200-43213)

43200.  (a) The state board may adopt a regulation to prohibit the
sale and registration in this state of a new motor vehicle certified
by the state board to which there has not been securely and
conspicuously affixed on a side window to the rear of the driver or,
if it cannot be so placed, to the windshield of the motor vehicle in
accordance with paragraph (3) of subdivision (b) of Section 26708 of
the Vehicle Code, by the manufacturer a label on which the
manufacturer shall endorse clearly, distinctly, and legibly true and
correct entries disclosing the following information concerning the
motor vehicle:
   (1) The emission standards adopted by the state board pursuant to
Section 43101 that are applicable to that motor vehicle.
   (2) The information required by Section 43200.1 and related air
pollution emissions information as specified by the state board.
   (b) A regulation may be adopted pursuant to this section only if
the state board finds that the regulation is necessary for either of
the following:
   (1) To enforce or ensure compliance with applicable statutes,
standards, or procedures relating to vehicle emissions.
   (2) For the protection or information of consumers.
   (c) Nothing in this division or in any other statute shall be
construed as prohibiting a purchaser from removing the decal required
by this section, after the purchaser has taken possession of the
vehicle.


43200.1.  (a) The Legislature finds and declares that since 1998,
the state board has imposed smog index label specifications on new
passenger cars and light-duty trucks that are sold and registered in
the state to inform consumers about emissions of air pollutants from
the use of new vehicles.
   (b) (1) (A) The state board, not later than July 1, 2007, shall
revise the regulations adopted pursuant to Section 43200 to rename
the existing label required by those regulations, and to require the
renamed label to include, for model year 2009 and subsequent model
year motor vehicles, information on the emissions of global warming
gases from motor vehicles for the same model year.
   (B) This subdivision applies to, at a minimum, all passenger cars
and light-duty trucks with a gross vehicle weight of 8,500 pounds or
less, and to all motor vehicles subject to regulation pursuant to
Section 43018.5.
   (C) Emissions of global warming gases shall include emissions, as
determined by the state board, from vehicle operation and upstream
emissions.
   (2) The label shall include all of the following:
   (A) A smog index that contains quantitative information presented
in a continuous, easy-to-read scale, unless the state board
determines, after at least one public workshop, that an alternative
graphical representation will more effectively convey the information
to consumers, and that compares the emissions from the vehicle with
the average projected emissions from all vehicles of the same model
year sold in the state for which a label is required. For reference
purposes, the index shall also identify the emissions from the
vehicle model of that same model year that has the lowest
smog-forming emissions.
   (B) A global warming index that contains quantitative information
presented in a continuous, easy-to-read scale, unless the state board
determines, after at least one public workshop, that an alternative
graphical representation will more effectively convey the information
to consumers, and that compares the emissions of global warming
gases from the vehicle with the average projected emissions of global
warming gases from all vehicles of the same model year sold in the
state for which a label is required. For reference purposes, the
index shall also identify the emissions of global warming gases from
the vehicle model of that same model year that has the lowest
emissions of global warming gases.
   (C) A brief explanation, prepared by the state board, of the
indices required by this section, including the identification of
motor vehicle usage as a primary cause of global warming, and how
emissions of those gases from motor vehicles may be reduced.
   (D) The use of at least one color ink, as determined by the state
board, in addition to black.
   (c) In order to ensure that the label is useful and informative to
consumers, the state board shall, to the extent feasible within its
existing resources, do both of the following in designing the label:

   (1) Seek input from automotive consumers, graphic design
professionals, and persons with expertise in environmental labeling.

   (2) Consider other relevant label formats consistent with
paragraph (2) of subdivision (b).
   (d) The indices included in the label pursuant to paragraph (2) of
subdivision (b) shall be updated as determined necessary by the
state board to ensure that the differences in emissions among
vehicles are readily apparent to the consumer.
   (e) The state board, in consultation with other agencies as
appropriate, may recommend to the Legislature additional sources of
air pollution that emit significant amounts of global warming gases
for which the disclosure of information regarding those emissions
would be an effective means of educating the public about the sources
of global warming and its impacts.
   (f) The state board shall, as it determines appropriate and to the
extent feasible within its existing resources, incorporate
information from the label into existing programs designed to educate
motor vehicle consumers about emissions of global warming gases and
other air pollutants.
   (g) The state board may accept donations or grants of funds from
any person for the purposes of the program established pursuant to
this section, and shall deposit amounts received from donations or
grants into the Air Pollution Control Fund. The source of any funds
received pursuant to this section shall be disclosed at all public
hearings and workshops to implement this section. Donations, grants,
or other commitments of money to the fund may be dedicated for
specific purposes consistent with the goals of this section.
   (h) For the purposes of this section, the following definitions
apply:
   (1) "Global warming gases" has the same meaning as greenhouse
gases given in subdivision (h) of Section 42801.1.
   (2) "Upstream emissions" means emissions of global warming gases
that occur during the extraction, refining, transport, and local
distribution of motor vehicle fuels as determined by the state board.



43200.5.  (a) The sale and registration in this state of any new
motor vehicle is prohibited unless a decal in the form specified by
the state board pursuant to subdivision (b) of Section 44254 has been
securely affixed by the manufacturer to a window of the motor
vehicle, and affixed in accordance with Section 43200 and any
regulations adopted pursuant to Section 43200, which discloses the
smog index for the vehicle.
   (b) This section does not apply to any authorized emergency
vehicle, as defined in Section 165 of the Vehicle Code, or to any
employer-provided carpool or vanpool vehicle.
   (c) This section shall become inoperative five years from the date
determined pursuant to Section 32 of the act adding this section,
and on the January 1 following that date is repealed.



43201.  Any dealer or person holding a retail seller's permit who
sells a new motor vehicle without the decal required by Section 43200
shall be subject to a civil penalty of not to exceed one thousand
dollars (,000).
   Any penalty recovered pursuant to this section shall be deposited
into the General Fund.


43201.  (a) Any dealer or person holding a retail seller's permit
who sells a new motor vehicle without the decal required by Section
43200 or 43200.5 shall be subject to a civil penalty of not to exceed
one thousand dollars (,000).
   (b) Any penalty recovered pursuant to this section shall be
deposited in the General Fund.
   (c) This section shall become inoperative five years from the date
determined pursuant to Section 32 of the act adding this
subdivision, and on the January 1 following that date is repealed.



43201.  (a) Any dealer or person holding a retail seller's permit
who sells a new motor vehicle without the decal required by Section
43200 shall be subject to a civil penalty of not to exceed one
thousand dollars (,000).
   (b) Any penalty recovered pursuant to this section shall be
deposited into the General Fund.
   (c) This section shall become operative five years from the date
determined pursuant to Section 32 of the act adding this section.



43202.  No new motor vehicle required to meet the emission standards
adopted by the state board pursuant to Section 43101 shall be sold
and registered in this state unless the manufacturer thereof permits
the state board to conduct surveillance testing of emissions of new
motor vehicles at his assembly facilities, or at any other location
where the manufacturer's assembly line testing is performed and
assembly line testing records are kept.
   Authorization for the sale and registration of any new motor
vehicle in this state may be rescinded or withheld if, at any time,
the state board is prevented by the manufacturer from conducting
surveillance of assembly line testing.



43203.  (a) In connection with surveillance of emissions from new
motor vehicles prior to their retail sale, the state board may, by
regulation, impose fees on manufacturers of these vehicles to recover
the state board's costs in conducting this surveillance.
   (b) A manufacturer who fails to pay a fee imposed pursuant to this
section within 60 days after receiving an invoice shall pay the
state board an additional fee equal to 10 percent of the fee
specified in subdivision (a).  If the manufacturer notifies the state
board, within 60 days after receiving the invoice, that additional
information is needed to honor the invoice, the state board shall
grant an additional 90 days for payment without the imposition of an
additional fee.  An additional interest fee equal to the rate of
interest earned by the Pooled Money Investment Fund shall be imposed
upon the fee specified in subdivision (a) and the additional fees
specified in this subdivision and subdivision (c) for each 30-day
period for which they remain unpaid, commencing 60 days after the
receipt of the original  invoice.
   (c) A manufacturer who fails to pay all the fees imposed pursuant
to this section within one year from the date of receipt of the
original invoice shall pay a penalty fee equal to 100 percent of the
fees imposed pursuant to subdivisions (a) and (b).  A manufacturer
who fails to pay all the fees and penalties imposed pursuant to this
section within two years from the date of receipt of the original
invoice shall pay a penalty equal to 100 percent of the fees and
penalties imposed pursuant to subdivisions (a) and (b) and to this
subdivision, for each one-year period for which they remain unpaid.
   (d) Fees authorized by this section shall be imposed only for
surveillance of emissions from new motor vehicles actually conducted.

   (e) Notwithstanding Section 13340 of the Government Code, all fees
collected pursuant to subdivision (a) are continuously appropriated
to the state board, to be credited as a reimbursement of the board's
costs incurred in its program for the surveillance of emissions from
new vehicles.  All fees collected pursuant to subdivisions (b) and
(c) shall be deposited by the state board into the Air Pollution
Control Fund.



43203.5.  The state board  shall adopt, by regulation, a
certification program for new direct import vehicles, as defined by
Sections 39024.6, and 39042, which are less than two years old.
The state board shall issue a certificate of conformance to each new
direct import vehicle which meets the requirements of the
certification program.  Any bonding requirements for the
certification program may not exceed one thousand dollars (,000)
per new direct import vehicle or engine.
   The model year designation for new direct import vehicles in an
engine family shall be determined on the same basis as vehicles in
the same engine family which are offered for sale in California by
the manufacturer.  The model year designation for any new direct
import motor vehicle in an engine family which the manufacturer does
not offer for sale in California shall be determined in accordance
with the regulations adopted by the state board.  The designations
shall apply for all purposes of the certification program and for
registration of new direct import vehicles.
   The state board shall, by regulation, impose fees to recover the
state board's costs, including enforcement costs, of administration
of the certification program.  Failure to pay the fees within 60 days
of receipt after notification by the  state board shall result in
the assessment of a 10 percent penalty.  An additional interest
assessment on the fees equivalent to the rate earned by the Pooled
Money Investment Fund shall accrue at the end of each 30-day period
that the fees remain unpaid.  Nonpayment of the fees for more than
one year shall result in  the state board withholding future
certification of new vehicles for sale in California.
   Fees collected in accordance with this section shall be deposited
in the Air Pollution Control Fund.


43204.  (a) The manufacturer of each motor vehicle or motor vehicle
engine manufactured prior to the 1990 model-year shall warrant to the
ultimate purchaser and each subsequent purchaser that the motor
vehicle or motor vehicle engine is:
   (1) Designed, built, and equipped so as to conform, at the time of
sale, with the applicable emission standards specified in this part.

   (2) Free from defects in materials and workmanship which cause
such motor vehicle or motor vehicle engine to fail to conform with
applicable regulations for its useful life, determined pursuant to
subdivision (b).
   (b) As used in subdivision (a), "useful life" of a motor vehicle
or motor vehicle engine means:
   (1) In the case of light-duty motor vehicles, and motor vehicle
engines used in such motor vehicles, a period of use of five years or
50,000 miles, whichever first occurs, except that, in the case of
fuel metering and ignition systems and their component parts which
are contained in the state board's "Emissions Warranty Parts List"
dated December 14, 1978 (items I(A), I(C), III(A), III(C), III(E), IX
(A), and IX(B)), and which are contained in vehicles or vehicle
engines certified to the optional standards pursuant to Section
43101.5 and subject to subdivision (a) of Section 43009.5, "useful
life" means a period of use of two years or 24,000 miles, whichever
occurs first.
   (2) In the case of any other motor vehicle or motor vehicle
engine, a period of use of five years or 50,000 miles, whichever
first occurs, unless the state board determines that a period of use
of greater duration or mileage is appropriate.



43205.  (a) Commencing with the 1990 model-year, the manufacturer of
each light-duty and medium-duty motor vehicle and motor vehicle
engine shall warrant to the ultimate purchaser and each subsequent
purchaser that the motor vehicle or motor vehicle engine meets all of
the following requirements:
   (1) Is designed, built, and equipped so as to conform with the
applicable emissions standards specified in this part.
   (2) Is free from defects in materials and workmanship which cause
the motor vehicle or motor vehicle engine to fail to conform with
applicable requirements specified in this part for three years or
50,000 miles, whichever first occurs.
   (3) Will, for a period of three years or 50,000 miles, whichever
first occurs, pass a test established under Section 44012, but that
the warranty shall not apply if the manufacturer demonstrates that
the failure of the motor vehicle or motor vehicle engine to pass the
test was directly caused by the abuse, neglect, or improper
maintenance or repair of the vehicle or engine.
   (4) Is free from defects in materials and workmanship in emission
related parts which, at the time of certification by the state board,
are estimated by the manufacturer to cost individually more than
three hundred dollars (0) to replace, for a period of seven years
or 70,000 miles, whichever first occurs.
   (b) The state board shall, by regulation, periodically revise the
three hundred dollar (0) replacement cost level specified in
paragraph (4) of subdivision (a) in accordance with the consumer
price index, as published by the United States Bureau of Labor
Statistics.
   (c) For purposes of this section and Sections 43204 and 43205.5, a
motorcycle is not a light-duty vehicle.



43205.5.  Commencing with the 1990 model-year, the manufacturer of
each motor vehicle and motor vehicle engine, other than a light-duty
or medium-duty motor vehicle or motor vehicle engine, shall warrant
to the ultimate purchaser and each subsequent purchaser that the
motor vehicle or motor vehicle engine meets all of the following
requirements:
   (a) Is designed, built, and equipped so as to conform with the
applicable emission standards specified in this part for a period of
use determined by the state board.
   (b) Is free from defects in materials and workmanship which cause
the motor vehicle or motor vehicle engine to fail to conform with
applicable requirements specified in this part for the same or lesser
period of use established under subdivision (a).



43206.  Commencing January 1, 1982, and annually thereafter, every
person who manufactures new motor vehicles for sale in California
shall file with the state board a report as to the person's efforts
and progress in meeting state standards adopted pursuant to Section
43101 and federal standards and research objectives specified in
Section 7521 of Title 42 of the United States Code.
   The reports shall be available to the public.  However, the
manufacturer may designate that a portion of the report is a trade
secret and the portion shall not be released except to the state
board employees specifically designated by the executive officer,
unless the state board, after an investigation, determines that the
portion is not in fact a trade secret.  State board employees having
access to the trade secret shall maintain its confidentiality.
   The state board shall conduct investigations with respect to the
reports as it deems necessary.
   No report is required from the manufacturer once all models of
motor vehicles of the manufacturer which are sold in California and
which are subject to the state standards adopted pursuant to Section
43101, and the federal standards and research objectives specified in
Section 7521 of Title 42 of the United States Code, meet all those
standards and objectives.



43207.  The state board may revoke outstanding certification of new
motor vehicles for sale in California if the manufacturer thereof
willfully fails to file any semiannual report required by Section
43206 or files a report which is deemed by the state board to
inadequately describe the manufacturer's efforts and progress.
   The state board may also withhold future certification of such
manufacturer's vehicles until such time as the manufacturer offers
for sale in California vehicles which meet the standards promulgated
pursuant to Section 1857f-1(b)(1) of Title 42 of the United States
Code.


43208.  Factory assembly line test procedures shall not apply to
light-duty motor vehicles, if (a) the manufacturer thereof advises
the state board in writing that the manufacturer does not intend to
sell more than 1,000 motor vehicles in California in a given model
year, and (b) the manufacturer does not sell more than 1,000 motor
vehicles of its make in such a year.  Nothing in this section shall
be construed to prohibit the state board from requiring testing by
the applicable certifying test procedure of up to 2 percent of the
motor vehicles of such a manufacturer sold in California.  This
section shall not apply to 1976 and later model year motor vehicles.




43209.  No manufacturer or distributor who pays a penalty pursuant
to Section 43212 shall add the amount of such penalty to the cost of
any motor vehicles sold by such manufacturer, and any provision of
any contract of sale including such penalty as part of the cost of a
motor vehicle shall be void and unenforceable.


43210.  (a) The state board shall provide, by regulation, for the
testing of motor vehicles on factory assembly lines or in a manner
which the state board determines best suited to carry out the purpose
of this part and this section.
   (b) If a motor vehicle does not meet the prescribed assembly line
standards, the motor vehicle may be retested according to the
official test procedures upon which original certification for that
make and model vehicle was based. Any motor vehicle meeting the
applicable emission standards by either of the testing procedures
shall be deemed to meet the emission standards of the State of
California and shall be eligible for sale in this state.
   (c) The regulations adopted by the state board pursuant to
subdivision (a) shall provide for reduced, statistically valid
testing of motor vehicles contained in large engine families and for
which initial test results indicate compliance  with the applicable
standards.



43210.5.  The state board shall, by regulation, require
manufacturers of motor vehicles and motor vehicle engines to
determine the extent to which emissions-related defects exist in each
engine family and to recommend the diagnostic and repair procedures
that can result in the identification and correction of these defects
under vehicle inspection and maintenance programs.



43211.  No new motor vehicle shall be sold in California that does
not meet the emission standards adopted by the state board, and any
manufacturer who sells, attempts to sell, or causes to be offered for
sale a new motor vehicle that fails to meet the applicable emission
standards shall be subject to a civil penalty of five thousand
dollars (,000) for each such action.
   Any penalty recovered pursuant to this section shall be deposited
into the General Fund.


43212.  Any manufacturer or distributor who does not comply with the
emission standards or the test procedures adopted by the state board
shall be subject to a civil penalty of fifty dollars () for each
vehicle which does not comply with the standards or procedures and
which is first sold in this state.  The payment of such penalties to
the state board shall be a condition to the further sale by such
manufacturer or distributor of motor vehicles in this state.
   Any penalty recovered pursuant to this section shall be deposited
into the Air Pollution Control Fund.



43213.  Sections 43211 and 43212 shall be enforced by the state
board, and may be enforced by the Department of the California
Highway Patrol, the Department of Motor Vehicles, and the bureau.