Code Section Group

Vehicle Code - VEH

DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS [11100 - 12217]

  ( Division 5 enacted by Stats. 1959, Ch. 3. )

CHAPTER 4. Manufacturers, Transporters, Dealers, and Salesmen [11700 - 11909]

  ( Chapter 4 enacted by Stats. 1959, Ch. 3. )

ARTICLE 1.1. Consumer Automotive Recall Safety Act [11750 - 11762]
  ( Article 1.1 added by Stats. 2016, Ch. 682, Sec. 4. )

11750.
  

This article shall be known, and may be cited, as the Consumer Automotive Recall Safety Act (CARS Act).

(Added by Stats. 2016, Ch. 682, Sec. 4. (AB 287) Effective January 1, 2017.)

11752.
  

As used in this article, the following definitions apply:

(a) The term “dealer” has the same meaning as in Section 285.

(b) (1) A “manufacturer’s recall” is a recall conducted pursuant to Sections 30118 to 30120, inclusive, of Title 49 of the United States Code.

(2) A manufacturer’s recall does not include a service campaign or emission recall when the vehicle manufacturer or the National Highway Traffic Safety Administration has not issued a recall notice to owners of affected vehicles, pursuant to Section 30118 of Title 49 of the United States Code.

(c) A “recall database” is a database from which an individual may obtain vehicle identification number (VIN) specific manufacturer’s recall information relevant to a specific vehicle.

(1) For a vehicle manufacturer that is not subject to the regulations adopted pursuant to Section 31301 of the federal Moving Ahead for Progress in the 21st Century Act (Public Law 112-141), a recall database is one of the following:

(A) The recall data on a vehicle manufacturer’s Internet Web site for a specific vehicle’s line-make.

(B) The recall data in a vehicle manufacturer’s internal system that provides information to its franchisees on vehicles subject to recall.

(C) The recall data in subparagraph (A) or (B) that is contained in a commercially available vehicle history system.

(2) For a vehicle manufacturer that is subject to the regulations adopted pursuant to Section 31301 of the federal Moving Ahead for Progress in the 21st Century Act (Public Law 112-141), a recall database shall include, at a minimum, the recall information required pursuant to Section 573.15 of Title 49 of the Code of Federal Regulations.

(d) A “recall database report” is a report, specific to a vehicle that is identified by its VIN, containing information obtained from a recall database.

(e) A “rental car company” is a person or entity in the business of renting passenger vehicles to the public in California.

(Added by Stats. 2016, Ch. 682, Sec. 4. (AB 287) Effective January 1, 2017.)

11754.
  

(a) No later than 48 hours after receiving a notice of a manufacturer’s recall, or sooner if practicable, a dealer or rental car company with a motor vehicle fleet of 34 or fewer loaner or rental vehicles shall not loan, rent, or offer for loan or rent a vehicle subject to that recall until the recall repair has been made.

(b) If a recall notification indicates that the remedy for the recall is not immediately available and specifies actions to temporarily repair the vehicle in a manner to eliminate the safety risk that prompted the recall, the dealer or rental car company, after having the repairs completed, may loan or rent the vehicle. Once the remedy for the vehicle becomes available to the dealer or rental car company, the dealer or rental car company shall not loan or rent the vehicle until the vehicle has been repaired.

(Added by Stats. 2016, Ch. 682, Sec. 4. (AB 287) Effective January 1, 2017.)

11758.
  

The department shall include the following recall disclosure statement on each vehicle registration renewal notice:

“NOTICE: Many vehicles have been recalled recently for needed repairs. Did you know you can check to see if your vehicle has an unrepaired manufacturer’s safety recall? For most vehicles, manufacturer safety recalls are repaired for free. You can check for any recalls and how to get the recall repaired at www.safercar.gov.”


(Added by Stats. 2016, Ch. 682, Sec. 4. (AB 287) Effective January 1, 2017.)

11760.
  

This article shall not create any legal duty upon the dealer, rental car company, or department related to the accuracy, errors, or omissions contained in a recall database report or any legal duty to provide information added to a recall database after the dealer, rental car company, or department obtained the recall database report pursuant to Sections 11754 and 11758.

(Added by Stats. 2016, Ch. 682, Sec. 4. (AB 287) Effective January 1, 2017.)

11761.
  

The rights and remedies provided by this article are cumulative and shall not be construed as restricting any right or remedy that is otherwise available.

(Added by Stats. 2016, Ch. 682, Sec. 4. (AB 287) Effective January 1, 2017.)

11762.
  

The provisions of this article are severable. If any provision of this article or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

(Added by Stats. 2016, Ch. 682, Sec. 4. (AB 287) Effective January 1, 2017.)

VEHVehicle Code - VEH1.1