EMISSION WARRANTIES AND RECALL SYSTEM

As mentioned in the earlier section, The Supreme Court has ordered that all cars in Delhi must meet Euro II norms from April 1, 2000. But in order to ensure that a car once bought continues to have low emissions for a long time calls for a system to regulate emissions norms, which are extremely weak at the moment. In India, a company has to get a certificate from the Automotive Research Association of India (ARAI), which is jointly run by the automobile industry and the Ministry of Surface Transport.

But once a vehicle is on the road its emission can deteriorate quite rapidly, depending on how well it is maintained (the consumer’s responsibility) and how well it was produced (the manufacturer’s responsibility). In one car or one batch of cars the emissions may stay low for a long time but in another they can increase very fast despite good maintenance. Deterioration can take place in those parts of the engine which affect emissions as well as emission control devices like catalytic converters.

Catalytic converters have a lifetime which is shorter than that of a vehicle and their performance can deteriorate very fast if the fuel quality is poor. Hardly any catalytic converter will last for more than few months on diesel with as high as 0.25 per cent 2500 parts per million sulphur, the quality of diesel currently supplied in country (except NCR region).

In order to deal with the problem of emissions after the car has left the factory, countries like Sweden and USA now insist that automobile manufacturers provide ‘emission warranty’ for a specified mileage of five years or 80,000 km. If the vehicle is found to have emissions above the standards during this duration then the manufacturer has to bear all cost of repairing the vehicle.

The system of `emission warranty’ is accompanied with a `recall system’ under which the government regularly collects a sample of a brand of cars of a particular year that are three years old. If the sample fails the test, the manufacturer has to recall all the cars of the particular brand of that particular year and make all the necessary corrections before they can go back onto the road. This system has forced even the best companies, from General Motors in the US to Mercedes Benz in Sweden, to recall their vehicles.

The first four years of Swedish tests have revealed that emissions of in-use vehicles have, on an average deteriorated much more rapidly than what had been promised by the manufacturers at the point of certification. Recalls have included famous models like Ford Fiesta, Alfa Romeo, Honda Civic 1500, Audi 100, and Opel Vestra.

In the last one year, the US has seen General Motors being instructed to recall 400,000 cars because they were not meeting CO standards; seven diesel engine manufacturers facing a record penalty of US $1 billion for fitting their engines with a software that helped to meet the emission tests at the point of emission tests but helped to bypass emission control devices on the highway; and Toyota being asked to recall nearly two million vehicles because it had put in an ineffective computer for monitoring emissions.

Till date petrol fuelled passenger cars of mainly 1989 to 1993 model years have been recall tested in Sweden. The recall testing has covered about 10-15 percent of the certified engine families of these year models including approx. 50 per cent of the market sales.

The experiences of the in-use testing indicate that the deterioration of the emission control performance is significantly higher for in-use compared to manufacturers’ assigned deterioration factors.

The manufacturer’s deterioration factor for the tested vehicles are on the average 1.15/1.21/1.12 (approximately 60 per cent fixed deterioration factors) for CO/HC/NO_x over the initial 80,000 km, while the Swedish in-use tests show a deterioration of 2.1/1.3/1.5 for the initial 46,600 km in use (see tables 1 and 2).

The comparison of the average assigned deterioration factors at certification/type approval (1.15/1.21/1.12) with the Swedish recall test results indicates an in-use deterioration factor of 2.3/1.5/1.8 for CO/HC/NO_x.

TABLE 1. COMPARISON OF ACTUAL DETERIORATION FACTOR AND AS PROVIDED BY MANUFACTURERS

TABLE 2. RECALL EMISSION TEST RESULTS IN SWEDEN (1989-1994 YEAR MODELS)

Thus, it is vital that the imposition of the Euro II norms must be accompanied by an emission warranty and recall system, especially in cities such as Delhi. Otherwise the manufacturers will meet the norms at the factory gate but on road the vehicle will continue to emit pollutants.

Emissions warranty and recall system should be instituted in countries such as India, which is facing severe vehicular pollution. The manufacturer’s responsibility should be to provide the emission warranty on their products, while the responsibility for the recall system should be given to the Central Pollution Control Board.

i. REGULATIONS CONCERNING DURABILITY COMPLIANCE OF LIGHT MOTOR VEHICLES: CASE STUDY SWEDEN
In 1988, Sweden introduced emissions durability requirements and manufacturers responsibility to meet emission standards for motor vehicles in service. The Swedish emission regulations emphasise in-use compliance verification for which manufacturers are responsible. Under law manufacturers are responsible for the durability of the emission control system for normal lifetime of the vehicle and during normal working conditions. Low lifetime exhaust emissions require that the manufacturers take responsibility to ensure that the tailpipe and evaporative emissions are effectively limited throughout the normal life of vehicles under normal conditions of use.

The objective of the in-use durability tests is to reveal systemic failures in the emission control performance. Properly maintained vehicles should fulfil the emission standards. Otherwise the manufacturer is held accountable for the malfunction and is responsible for making remedial changes in the entire batch of the model.

The main elements of the Swedish emission requirements are:

Manufacturers responsibility for product compliance
Test procedures and standards
Certification/type approval of vehicles
Quality assurance audits and conformity of production
In-use compliance tests with recall of non-conformities
Manufacturers emission warranty
I/M in-use periodic programmes

To establish manufacturers’ responsibility Sweden has put the following system in place:

A system of identifying the non compliant vehicle which includes the selection and number of vehicles to be tested, the test procedure and a definition of normal use of a vehicle as well as proper service and maintenance;
Durability requirements defining the extent of the manufacturer’s responsibility;
The authorities that are entitled and responsible to conduct formal tests and issue orders to undertake remedial actions;
The measures to be taken by the manufacturers if non compliance is established;
Consequences for the type approval; and
Consequences if a recall order is not complied with.

PROCEUDRE
Norms for conformity of production (COP) and in-service compliance are different. The purpose of the COP testing procedure is to evaluate the mass production against the type approval. A statistical sampling plan is used to limit the number of needed tests to assure production of conformity up to a certain probability. A statistical sampling assumes a certain distribution of emissions performance for production of vehicles and not for in-use vehicles.

The in-use compliance regulation put onus on the manufacturers to construct and produce durable emission control system that meet the standards under normal conditions throughout normal lifetime.

Upto ten vehicles can be tested if the authority and the manufacturer do not agree on the final result of the durability "recall" testing.

PROVISIONS FOR IN-USE "RECALL" COMPLIANCE PROVISIONS
The in-use "recall" emission compliance tests have been performed in Sweden since late 1991. The recall testing is aimed to detect systemic emission control malfunction. The "recall" is a check of the durability of the emission control system, design, and construction and any misuse of the vehicle should not influence the result of testing. Provisions have been made for selection of test vehicles, representation, test procedures, failing criteria, enforcement, content of remedial plan etc.

The manufacturer is responsible for the compliance of emission performance for 5 years/80,000 km for passenger cars. The manufacturer is only responsible for the emission performance of vehicles that are adequately maintained and serviced. There are also provisions concerning periodic emission tests.

VOLUNTARY REMEDIAL PLAN
If the emission test results indicate non-conformity with the standards, the manufacturer has two months to submit a voluntary remedial plan or give an explanation why the emission results of the engine family (one or more vehicle types) are in non-compliance with the exhaust emission requirements. The remedial plan should include corrective measures, timetable, letter to notify owners, workshop instructions, number of vehicles affected by the deficiency, etc.

All vehicles of the engine family are liable for remedial action. If the Environment Protection Board (EPB) disapproves of the plan, it will ask for revision of the plan.

RECALL CAMPAIGN
After the remedial plan is approved, the vehicle owners will be notified. Manufacturers are required to use all reasonable means necessary to locate vehicle owners.

If EPB has reasons to believe that non-conformity still exists after the recall campaign is over, the Board can order test of the same batch of the vehicles once again.

PENALTY FOR THE MANUFACTURERS
If the manufacturers do not submit the remedial plan after being alerted by the Board, measures are taken. These measures include withdrawal of the certificate of conformity, the prohibition to issue Type Certificate, and cancellation of the issuance of new certificates of conformity. The same penalties apply if the recall campaign is not according to the provision of the regulations.

RECALL LABEL
After the remedial action has been taken manufacturers are required affix a label to each vehicle repaired or inspected under the remedial plan.

ii. MOTOR VEHICLE EMISSION CONTROL WARRANTY REGULATION: A CASE STUDY OF BRITISH COLUMBIA

British Columbia adopted emission warranty regulation in 1998 under the authority of sections 45.1 to 45.3 of the Motor Vehicle Act.

"Warranty period" means for specified major emission control components, not less than 8 years or the period within which the warranted vehicle is driven 80 000 miles (128 748 km), whichever is shorter. In case of parts, which are not specified major emission control components, not less than 2 years or the period within which the warranted vehicle is driven 24000 miles (38 624 km), whichever is shorter.

The warranty includes the following:

Onboard emissions diagnostic device means a device installed for the purpose of storing or processing emissions related diagnostic information, but does not include any parts or other systems which it monitors;
Part means a part that may cause the failure of a warranted vehicle to meet applicable standards;
Specified major emission control component means a catalytic converter, an electronic emissions control unit or an onboard emissions diagnostic device;

APPLICATION OF THIS REGULATION
The emission warranty covered passenger cars, light-duty trucks, and motor vehicle that is rated by its manufacturer as having a gross vehicle weight of more than 6 000 pounds (2 721.6 kgs) and less than 8 500 pounds (3855.6 kgs).

The regulation does not apply to old motor vehicles, motor cycles, emergency vehicles, and a motor vehicle produced by a manufacturer in any model year immediately following a model year in which the manufacturer's total world-wide production of warranted vehicles did not exceed 100 vehicles.

EMISSION WARRANTY REQUIREMENTS - 1998 AND SUBSEQUENT YEARS

Commencing with the 1998 model year and continuing in each subsequent year, a manufacturer or any person must not sell a warranted vehicle unless a defects warranty and a performance warranty are provided for the warranted vehicle at the time of sale in British Columbia.

MANUFACTURER'S DESCRIPTION OF THE WARRANTIES
From 1998 onwards a manufacturer must provide with each of its warranted vehicles sold in British Columbia the following information in writing:

a description of the coverage under the defects warranty
a description of the coverage under the performance warranty
a description of all specified major emission control components used in the warranted vehicle;
the instructions for the warranted vehicle concerning the emission control system maintenance and use and the replacement of emission control system parts including the time or distance driven intervals at which these instructions are to be performed;
a statement of the limitation, if any, consistent with this regulation, in the choice of parts or persons to maintain, replace or repair the emission control system for the warranted vehicle;

The warranty must also state the following:

Routine maintenance, replacement of parts or non-warranty repairs to be performed by the purchaser of the warranted vehicle or any automotive repair establishment. Further no restriction should be placed on the brand, trade or corporate name of the parts that may be used to maintain, replace, or repair the emission control system for the warranted vehicle,
If the manufacturer is to pay or provide for maintenance, replacement of parts or repairs under the warranty, the manufacturer may refuse to pay or provide for this work or service unless it is performed at a facility approved by the manufacturer, and
Must state that if maintenance, replacement of parts or repairs to the warranted vehicle is performed in an emergency circumstance, the manufacturer cannot refuse coverage under the warranty on the basis that this work or service was, contrary to the terms of the warranty applicable in other circumstances, performed at a facility not approved by the manufacturer for the performance of this work or service.

EMISSION DEFECTS WARRANTY
The manufacturer of a warranted vehicle must warrant the following:

The warranted vehicle is designed, built and equipped to conform at the time of sale with the applicable standard, and
The warranted vehicle is, at the time the warranty period commences, free from defects in materials and workmanship which would cause the warranted vehicle to fail to conform with the applicable standard during the warranty period applicable under the warranties referred to in this regulation.
The manufacturer must replace all necessary diagnostic work and replacements or repairs that are necessary to make the warranted vehicle conform to the emission norms.

EMISSION PERFORMANCE WARRANTY
The manufacturer of a warranted vehicle must warrant that if the warranted vehicle fails to conform with the applicable standards during the warranty period, the manufacturer, at no charge to the purchaser, will perform all necessary diagnostic work and make the replacements, repairs or adjustments that are necessary to ensure that the warranted vehicle conforms to the applicable standards.

1. However, the manufacturer will not have to pay in the event the customer has not complied with the instructions given by the manufacturers or has abused or tampered with the warranted vehicle in a manner that caused the failure of the warranted vehicle to conform with the applicable standards.

2. A warranty under this section may not permit the manufacturer to deny coverage for use of any fuel commonly available in British Columbia unless the use of that fuel will adversely affect emission control systems, and the fuel specified is commonly available in British Columbia.

a diagnostic facility approved by the manufacturer is unable after a reasonable effort to find the cause of the failure,
The warranted vehicle is tested under AirCare* after the diagnostic facility, and
The warranted vehicle has been granted a conditional pass under AirCare following the test.

*Note: AirCare" means the inspection and maintenance program in British Columbia operated under the authority of sections 45.1 to 45.3 of the Motor Vehicle Act and described in Division 40 of B.C. Reg. 26/58, the Motor Vehicle Act Regulations;

OFFENCE
In the event, a manufacturer, sells a non-warranted vehicle, it will be liable on conviction to a penalty not exceeding $5 000. In the event, the manufacturers is selling the vehicle without performance and emission warranty, and has failed to provide information, he/she is liable on conviction to a penalty not exceeding $25 000.