Section 43105 Of Article 1. General Provisions From California Health And Safety Code >> Division 26. >> Part 5. >> Chapter 2. >> Article 1.
43105
. No new motor vehicle, new motor vehicle engine, or motor
vehicle with a new motor vehicle engine required pursuant to this
part to meet the emission standards established pursuant to Section
43101 shall be sold to the ultimate purchaser, offered or delivered
for sale to the ultimate purchaser, or registered in this state if
the manufacturer has violated emission standards or test procedures
and has failed to take corrective action, which may include recall of
vehicles or engines, specified by the state board in accordance with
regulations of the state board. If a manufacturer contests the
necessity for, or the scope of, a recall of vehicles or engines
ordered pursuant to this section and so advises the state board, the
state board shall not require such recall unless it first affords the
manufacturer the opportunity, at a public hearing, to present
evidence in support of the manufacturer's objections. If a vehicle or
engine is recalled pursuant to this section, the manufacturer shall
make all necessary corrections specified by the state board without
charge to the registered owner of the vehicle or vehicle with such
engine or, at the manufacturer's election, reimburse the registered
owner for the cost of making such necessary corrections.
The procedures for determining, and the facts constituting,
compliance or failure of compliance shall be established by the state
board.