1. (2) New off-highway recreational vehicles and engines used in such vehicles, subject to any of the standards set forth in Article 3, shall be certified for use and sale by the Air Resources Board and covered by an Executive Order, pursuant to Section 2412 of this Article.
2. (b) Each part of this article is severable, and in the event that any part of this chapter or article is held to be invalid, the remainder of this article continues in full force and effect.

3. (c) This article includes provisions for certification, labeling requirements, emission standard enforcement, recall, and use restrictions.

   Note: Under section 209(e)(2) of the Federal Clean Air Act (42 U.S.C. § 7543(e)(2), California is required to receive authorization from the Administrator of the U.S. Environmental Protection Agency (U.S. EPA) prior to enforcing its regulations regarding new off-road vehicles and engines. Accordingly, the Air Resources Board will not seek to enforce the off-highway recreational vehicle regulations until such time as it receives authorization from the U.S. EPA.

(a)(1) This article applies to all new off-highway recreational vehicles and engines manufactured for use in such vehicles produced on or after January 1, 1997, for sale, lease, use, and introduction into commerce in California. (See Note below.)

Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43104, 43105, 43107 and 43205.5, Health and Safety Code. Reference: Sections 43013, 43018, 43101, 43104, 43105, 43107 and 43205.5, Health and Safety Code.

History

1. New article 3 (sections 2410-2414) and section filed 1-26-95; operative 1-26-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 4). Note: Under section 209(e)(2) of the Federal Clean Air Act (42 U.S.C. § 7543(e)(2)), California is required to receive authorization from the Administrator of the U.S. Environmental Protection Agency (U.S. EPA) prior to enforcing its regulations regarding new off-road vehicles and engines. Accordingly, the Air Resources Board will not seek to enforce the off-highway recreational vehicle regulations until such time as it receives authorization from the U.S. EPA.

2. U.S. EPA granted California authorization on December 23, 1996 (61 Fed.Reg. 69093, December 31, 1996).

3. Amendment of subsection (a)(1) filed 3-23-99; operative 3-23-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 13).

4. Amendment filed 12-8-99; operative 1-7-2000 (Register 99, No. 50).