[Code of Federal Regulations]
[Title 40, Volume 30]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR1051.120]

[Page 606-607]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 1051_CONTROL OF EMISSIONS FROM RECREATIONAL ENGINES AND VEHICLES
--Table of Contents
 
          Subpart B_Emission Standards and Related Requirements
 
Sec. 1051.120  What warranty requirements apply to me?

    (a) General requirements. You must warrant to the ultimate buyer 
that the new engine meets two conditions:
    (1) It is designed, built, and equipped to conform at the time of 
sale with the requirements of this part.
    (2) It is free from defects in materials and workmanship that may 
keep it from meeting these requirements.
    (b) Warranty period. Your emission-related warranty must be valid 
for at least 50 percent of the vehicle's minimum useful life in 
kilometers or at least 30 months, whichever comes first. You may offer 
an emission-related warranty more generous than we require. This 
warranty may not be shorter than any published or negotiated warranty 
you offer for the engine or any of its components. If a vehicle has no 
odometer, base warranty periods in this

[[Page 607]]

paragraph (b) only on the vehicle's age (in years).
    (c) Components covered. The emission-related warranty must cover 
components whose failure would increase an engine's emissions, including 
electronic controls, fuel injection (for liquid or gaseous fuels), 
exhaust-gas recirculation, aftertreatment, or any other system you 
develop to control emissions. We generally consider replacing or 
repairing other components to be the owner's responsibility.
    (d) Scheduled maintenance. You may schedule emission-related 
maintenance for a component named in paragraph (c) of this section, 
subject to the restrictions of Sec. 1051.125. You are not required to 
cover this scheduled maintenance under your warranty if the component 
meets either of the following criteria:
    (1) The component was in general use on similar engines, and was 
subject to scheduled maintenance, before January 1, 2000.
    (2) Failure of the component would clearly degrade the engine's 
performance enough that the operator would need to repair or replace it.
    (e) Limited applicability. You may deny warranty claims under this 
section if the operator caused the problem, as described in 1068.115 of 
this chapter. You may ask us to allow you to exclude from your emission-
related warranty certified vehicles that have been used significantly 
for competition, especially certified motorcycles that meet at least 
four of the criteria in Sec. 1051.620(b)(1).
    (f) Aftermarket parts. As noted in Sec. 1068.101 of this chapter, 
it is a violation of the Act to manufacture a vehicle part if one of its 
main effects is to reduce the effectiveness of the vehicle's emission 
controls. If you make an aftermarket part, you may--but do not have to--
certify that using the part will still allow engines to meet emission 
standards, as described in Sec. 85.2114 of this chapter.