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cargo -- Reminder of Owner Warranty Rights and Obligations for Equipment Sold in California

Posted: 05 Sep 2017 15:44:37
This notice is for owners/operators of mobile cargo handling
equipment (CHE) at California’s ports and intermodal rail yards.


This is a reminder that warranty requirements are written into
applicable California Air Resources Board (CARB) regulations.  An
owner’s warranty rights and maintenance obligations are required
to be included in the owner’s manual that comes with all engines
and verified diesel emission control strategies (VDECS) sold in
California.

If an engine or VDECS has repairs under warranty, these repairs
are reported to the manufacturer.  Most warranty work is
conducted by an engine manufacturer’s representative (dealership)
or by a VDECS Authorized Installer.  A company doing its own
repair work needs to work with the manufacturer for approval to
conduct such work.  If a company makes repairs during the
warranty period, the owner/operator should file a warranty claim
with the engine manufacturer or VDECS manufacturer.  This is
especially important when there are ongoing performance issues. 
With information from the warranty repair report, regulators can
better hold manufacturers accountable to providing durable and
properly-functioning products.

CARB staff is available to work with end-users when ongoing
performance issues arise.  In some cases, CARB can address
performance issues before they are widespread because
manufacturers are required to submit warranty claims reports to
CARB for VDECS as required by the Verification Procedure
(California Code of Regulations, title 13, section 2707), and for
engines in the form of an Emissions Defect Information Report
(EDIR) for as codified by 40 Code of Federal Regulations (CFR)
part 85.1903.

If you have any questions, please contact Michele Houghton by
phone at (916) 327-5638 or by e-mail at
Michele.Houghton@arb.ca.gov.

Background:

CHE is used to transfer goods or perform maintenance and repair
activities, and includes equipment such as yard trucks
(hostlers), rubber-tired gantry cranes, top handlers, side
handlers, forklifts, and loaders.  The Regulation for Mobile CHE
at Ports and Intermodal Rail Yards was adopted in December 2005
to reduce diesel particulate matter in communities located near
ports and intermodal rail yards.  Additional information is
available at the following link:
http://www.arb.ca.gov/ports/cargo/cargo.htm


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