Added by Stats. 2016, Ch. 682, Sec. 4. (AB 287) Effective January 1, 2017.
This article shall be known, and may be cited, as the Consumer Automotive Recall Safety Act (CARS Act).
Article 1.1 - Consumer Automotive Recall Safety Act
California Vehicle Code — §§ 11750-11762
Sections (8)
Amended by Stats. 2018, Ch. 591, Sec. 1. (AB 2873) Effective January 1, 2019.
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 “personal vehicle sharing program” has the same meaning as defined in Section 11580.24 of the Insurance Code.
(d)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.
(e)A “recall database report” is a report, specific to a vehicle that
is identified by its VIN, containing information obtained from a recall database.
(f)A “rental car company” is a person or entity in the business of renting passenger vehicles to the public in California.
Amended by Stats. 2018, Ch. 591, Sec. 2. (AB 2873) Effective January 1, 2019.
(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.
(c)As soon as practicable but not more than 48 hours after a vehicle is subject to a manufacturer’s recall, as defined in subdivision (b) of Section 11752, and a recall notice has been issued by the manufacturer and appears in the recall database provided by the National Highway Traffic Safety Administration pursuant to Section 573.15 of Title 49 of the Code of Federal Regulations, or not more than 48 hours after the personal vehicle sharing program receives notification of a manufacturer’s recall by a third party with which the personal vehicle sharing program contracts to provide notification of active recalls, a
personal vehicle sharing program shall not facilitate or otherwise arrange for transportation with
that vehicle until after any recall notices for that vehicle no longer appear in the recall database provided by the National Highway Traffic Safety Administration.
(d)The changes to this section made by the act adding subdivision (c) shall not apply in any manner to pending litigation.
(e)This section does not affect the determination of whether or not a company is a rental car company or whether or not a company is a personal vehicle sharing company.
Added by Stats. 2019, Ch. 490, Sec. 2. (AB 596) Effective January 1, 2020.
Notwithstanding Sections 1633.3 of the Civil Code and Section 9975 of this code, a new motor vehicle dealer may receive electronic authorization from consumers consistent with regulations adopted by the Bureau of Automotive Repair for any repair of a manufacturer recall.
Added by Stats. 2016, Ch. 682, Sec. 4. (AB 287) Effective January 1, 2017.
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.”
Amended by Stats. 2018, Ch. 591, Sec. 3. (AB 2873) Effective January 1, 2019.
(a)This article shall not create any legal duty upon the dealer, rental car company, personal vehicle sharing program, 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, personal vehicle sharing program, or department obtained the recall database
report pursuant to Sections 11754 and 11758.
(b)The changes to this section made by the act amending subdivision (a) shall not apply in any manner to pending litigation.
(c)This section does not affect the determination of whether or not a company is a rental car company or whether or not a company is a personal vehicle sharing program.
Added by Stats. 2016, Ch. 682, Sec. 4. (AB 287) Effective January 1, 2017.
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.
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.