1. (a) The owner of any vehicle or engine warranted pursuant to this article shall be responsible for the performance of all required scheduled maintenance specified in the written instructions furnished to the owner pursuant to subsections 2036 (e), 2037(e), and 2038(c)(1). Such maintenance may be performed by the owner, at a service establishment of the owner's choosing, or by a person or persons of the owner's choosing. The owner of a heavy-duty vehicle or heavy-duty engine is not liable during the warranty periods in subsection 2036(c) for the cost of repair or replacement of a warranted part, as defined in subsection 2035(c)(2), that the manufacturer did not schedule for periodic replacement, but that was identified as defective during an inspection per the manufacturer's written instructions furnished to the owner pursuant to subsection 2036(e). Instead, per subsection 2036(d)(2), the vehicle manufacturer is responsible to pay for such repair or replacement.
2. (b) Except as specified in subsections 2036(j)(1), 2037(i), and 2038(c), failure of the vehicle or engine owner to ensure the performance of such scheduled maintenance or to keep maintenance records shall not, per se, be grounds for disallowing a warranty claim.

Unless and until a court of competent jurisdiction issues a final ruling that H.J. Res. 88 (119th Congress) and H.J. Res. 89 (119th Congress) are invalid or that the waivers U.S. EPA granted California on January 6, 2025, 90 Federal Register 642 and 90 Federal Register 643, are in effect, regulated parties may choose to follow either this section 2040 or section 2040.0.1.

However, if a court of competent jurisdiction issues a final ruling that H.J. Res. 88 (119th Congress) and H.J. Res. 89 (119th Congress) are invalid or that the waivers U.S. EPA granted California on January 6, 2025, 90 Federal Register 642 and 90 Federal Register 643, are in effect, the regulated parties are subject to the requirements of this section 2040 to the extent consistent with the court's final ruling. Notice of the court's ruling will be posted on CARB's website, https://arb.ca.gov.

Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 43106, 43204, 43205 and 43205.5, Health and Safety Code.

History

1. Section 2040 renumbered to section 2045, and new section 2040 filed 1-16-79; effective thirtieth day thereafter (Register 79, No. 3). For history of former section, see Register 77, No. 12.

2. Amendment filed 11-26-90; operative 12-26-90 (Register 91, No. 3).

3. Amendment of subsection (a) filed 6-12-2019; operative 10-1-2019 (Register 2019, No. 24).

4. New first and second paragraphs filed 10-2-2025 as an emergency; operative 10-2-2025 (Register 2025, No. 40). A Certificate of Compliance must be transmitted to OAL by 4-1-2026 or emergency language will be repealed by operation of law on the following day.

5. New first and second paragraphs refiled 3-26-2026 as an emergency; operative 4-1-2026 (Register 2026, No. 13). A Certificate of Compliance must be transmitted to OAL by 6-30-2026 or emergency language will be repealed by operation of law on the following day.