[Code of Federal Regulations]

[Title 40, Volume 31]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR1068.115]



[Page 825]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 1068_GENERAL COMPLIANCE PROVISIONS FOR NONROAD PROGRAMS--Table of 

Contents

 

          Subpart B_Prohibited Actions and Related Requirements

 

Sec.  1068.115  When must manufacturers honor emission-related warranty 

claims?



    Section 207(a) of the Clean Air Act (42 U.S.C. 7541(a)) requires 

certifying manufacturers to warrant to purchasers that their engines are 

designed, built, and equipped to conform at the time of sale to the 

applicable regulations for their full useful life, including a warranty 

that the engines are free from defects in materials and workmanship that 

would cause an engine to fail to conform to the applicable regulations 

during the specified warranty period. This section codifies the warranty 

requirements of section 207(a) without intending to limit these 

requirements.

    (a) As a certifying manufacturer, you may deny warranty claims only 

for failures that have been caused by the owner's or operator's improper 

maintenance or use, by accidents for which you have no responsibility, 

or by acts of God. For example, you would not need to honor warranty 

claims for failures that have been directly caused by the operator's 

abuse of an engine or the operator's use of the engine in a manner for 

which it was not designed, and are not attributable to you in any way.

    (b) As a certifying manufacturer, you may not deny emission-related 

warranty claims based on any of the following:

    (1) Maintenance or other service you or your authorized facilities 

performed.

    (2) Engine repair work that an operator performed to correct an 

unsafe, emergency condition attributable to you, as long as the operator 

tries to restore the engine to its proper configuration as soon as 

possible.

    (3) Any action or inaction by the operator unrelated to the warranty 

claim.

    (4) Maintenance that was performed more frequently than you specify.

    (5) Anything that is your fault or responsibility.

    (6) The use of any fuel that is commonly available where the engine 

operates, unless your written maintenance instructions state that this 

fuel would harm the engine's emission control system and operators can 

readily find the proper fuel.



[67 FR 68347, Nov. 8, 2002, as amended at 70 FR 40513, July 13, 2005]