§ 2186. Demonstration of Correction and Post-Repair Test or Inspection.

(a) Demonstration of Correction. The owner must demonstrate correction of the vehicle by submitting to the Air Resources Board documents demonstrating compliance with (1) or (2) or (3):

(1) Where repairs are made at a repair facility, a repair receipt or a completed work order which contains the following information:

(A) Name, address, and phone number of the facility;

(B) Name of mechanic;

(C) Date of the repair;

(D) Description of component replacement(s), repair(s), and/or adjustment(s); and

(E) Itemized list of replaced component(s), including description of part, part number, and cost;

(2) Where the owner makes his or her own repairs outside of a repair facility,

(A) An itemized receipt for the parts used in the repair, and

(B) A statement identifying that date and nature of the repairs made;

(3) The owner of the heavy-duty vehicle who has received a Citation for a tampered ECL shall:

(A) Have the engine manufacturer through its authorized dealer, affix an emission control label identical to the label that was installed on the engine at the time of its original manufacturer;

(B) Provide written verification from the heavy-duty vehicle/engine manufacturer or its authorized dealer that the label has been replaced. The written verification must include identification of the engine serial number.

(b) Statement of Correction. The owner must also submit to the Air Resources Board documents demonstrating compliance with (1) or (2):

(1) Where the Citation or Notice of Violation was based on a failure to meet the opacity standard applicable under section 2182, a smoke test report from a subsequent test showing that the repaired vehicle passed the applicable section 2182 standard along with a statement to that effect made under penalty of perjury by the person who conducted the subsequent test;

(2) Where the Citation or Notice of Violation was based on a failure to pass an emission control system inspection as specified in section 2183, a statement by a person, under penalty of perjury, that the person has reinspected any components identified in the Citation or Notice of Violation as defective or tampered and has determined that these components are correct, are installed, and are in good working order; or

(c) The Air Resources Board shall require an ARB post-repair test or an ARB post-repair inspection whenever:

(1) a submitted repair receipt or work order does not comply with (a) above;

(2) a repair receipt, work order or authorized dealer verification appears to be falsified; or

(3) a second and subsequent failures of the test procedure or an emission control system inspection on the vehicle occur within a one year period.

HISTORY

1. New section filed 10-21-91; operative 11-20-91 (Register 92, No. 9).

2. Amendment filed 5-4-98; operative 5-4-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 19).

3. Amendment of section and Note filed 3-21-2005; operative 3-21-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 12).

4. Amendment filed 1-16-2007; operative 2-15-2007 (Register 2007, No. 3).

5. Change without regulatory effect amending subsection (b) and repealing subsection (b)(3) filed 5-23-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 21).

Note

Note: Authority cited: Sections 39600, 39601, 43013, 43701 and 44011.6, Health and Safety Code. Reference: Sections 39002, 39003, 39010, 39033, 43000, 43013, 43018, 43701 and 44011.6, Health and Safety Code. Section 505, Vehicle Code.