Section 25250.62 Of Article 13.5. Motor Vehicle Brake Friction Materials From California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 13.5.
25250.62
. (a) A violation of this article by a vehicle
manufacturer, a vehicle brake friction materials manufacturer, a
distributor, or a retailer, shall be subject to a civil fine of up to
ten thousand dollars ($10,000) per violation.
(b) The department shall enforce this article. The department
shall remove from sale in this state any replacement brake friction
materials determined to be not in compliance with this article.
(c) If the department determines that a distributor, wholesaler,
or retailer of replacement brake friction materials has been offering
noncompliant brake friction materials for sale in the state, it
shall allow the distributor, wholesaler, or retailer of replacement
brake friction materials to establish that it obtained the
noncompliant brake friction materials in good faith and after
exercising due diligence in verifying that the material complied with
this article prior to assessing fines and penalties pursuant to
subdivision (a).
(d) In determining the amount of the civil fine to be assessed for
a violation of this article, the department shall consider the
particular circumstances of the violation, including, but not limited
to, the amount of noncompliant brake friction material offered for
sale in California and whether previous violations have occurred.
(e) The department may waive the imposition of a fine and issue a
letter of warning if it determines, based on criteria, including, but
not limited to, the amount of brake friction material offered for
sale, the presence or absence of prior violations, and whether due
diligence was exercised in determining that the brake friction
materials offered for sale complied with this article, and that the
violation of this article does not merit the imposition of a fine.
(f) A distributor, wholesaler, or retailer found by the department
to have offered for sale noncompliant replacement brake materials
shall cooperate with the department in the removal of the
noncompliant brake friction materials from sale, inform the
department of measures being implemented to avoid repeat violations,
and provide the department with information that will assist in the
identification and location of the source or sources of the
noncompliant brake friction materials.
(g) In enforcing this article, the department shall not recall
automobiles fitted with brake friction materials that do not comply
with this article.
(h) A motor vehicle manufacturer that violates this article shall
notify the registered owner of the vehicle within six months of
knowledge of the violation and shall replace, at no cost to the
owner, the noncompliant brake friction material with brake friction
material that complies with this article. A motor vehicle
manufacturer that fails to provide the required notification to
registered owners of the affected vehicles within six months of
knowledge of the violation is subject to fines and penalties
authorized pursuant to subdivision (a).