California Air Resource Board has a new online fillable Informal Warranty Complaint Form

Just saw the new online fillable Informal Warranty Complaint Form on the CARB website. Check it out: https://ww2.arb.ca.gov/sites/default/files/2020-11/ECCD_IUVPB_123_Informal_complaint_form.pdf You can not submit the form online but they allow you to either mail it in or fax it.

California Air Resource Board Explains That you DO NOT have to go to a car dealer to get your OBD II car fixed

https://ww3.arb.ca.gov/regact/obdii06/warrantyregclean.pdf

(5) Notwithstanding the provisions of subsection (d)(4) above, warranty services or repairs shall be provided at all of a manufacturer's dealerships which are franchised to service the subject vehicles or engines. (6) The vehicle or engine owner shall not be charged for diagnostic labor which leads to the determination that a warranted part is defective, provided that such diagnostic work is performed at a warranty station. (7) The vehicle or engine manufacturer shall be liable for damages to other vehicle components proximately caused by a failure under warranty of any warranted part. (8) Throughout the vehicle or engine's warranty period defined in section (b)(2) and (b)(3), the vehicle or engine manufacturer shall maintain a supply of warranted parts sufficient to meet the expected demand for such parts. The lack of availability of such parts or the incompleteness of repairs within a reasonable time period, not to exceed 30 days from the time the vehicle or engine is initially presented to the warranty station for repair, shall constitute an emergency for purposes of section (d)(4) above. (9) Any replacement part may be used in the performance of any maintenance or repairs. Any replacement part designated by a manufacturer may be used in warranty repairs provided without charge to the vehicle owner. Such use shall not reduce the warranty obligations of the vehicle or engine manufacturer, except that the vehicle or engine manufacturer shall not be liable under this article for repair or replacement of any replacement part which is not a warranted part (except as provided under section (d)(7) above). (10) Any add-on or modified part exempted by the Air Resources Board from the prohibitions of Vehicle Code section 27156 may be used on a vehicle or engine. Such use, in and of itself, shall not be grounds for disallowing a warranty claim made in accordance with this article. The vehicle or engine manufacturer shall not be liable under this article to warrant failures of warranted parts caused by the use of such an add-on or modified part. (11) The Executive Officer may request and, in such case, the vehicle or engine manufacture shall provide, any documents which describe the manufacturer's




https://ww3.arb.ca.gov/msprog/obdprog/obdfaq.htm

Do I have to go to the dealer to get my OBD II car fixed?

No. Properly trained and equipped independent shops are capable of utilizing the diagnostic information from the OBD II system and can make repairs just like dealers. In fact, several of the provisions incorporated in the OBD II regulation are intended to make it easier for independent shops to diagnose and repair vehicles accurately and in a cost-effective manner.

It should be noted, however, that California's emission warranty requires the vehicle manufacturer to repair under warranty any problem that the OBD II system detects if the vehicle is less than 3 years old and has less than 50,000 miles. Manufacturers only authorize their dealers to perform warranty work. Further, components which exceed a defined cost limit at the time the vehicle was produced (currently about $600) are covered for 7 years or 70,000 miles - this list of covered parts, which varies from car to car, should be listed in the owner's manual or accompanying warranty booklet that came with the vehicle.  Additionally, if you have purchased a vehicle that is certified by ARB as a partial zero emission vehicle (PZEV), any problem detected by the OBD II system is covered under warranty as long as the vehicle is less than 15 years old and has less than 150,000 miles. Starting with the 2018 model year, you can purchase a vehicle certified by ARB as a transitional zero emission vehicle (TZEV), which also will be covered under warranty for 15 years or 150,000 miles. The "energy storage device" (i.e., the hybrid battery) on PZEVs and TZEVs are covered under warranty for 10 years. A list of vehicles that are certified as PZEVs and TZEVs can be found at ARB's Drive Clean website (select vehicles with a Smog Rating of 9 to show PZEVs and TZEVs).  

BMW 2007 - 2017 SULEV Time Line Graph for warranty expiration

BMW SULEV Warranty Time Line Graph for years 2007 - 2017 or 150,000 miles 

BMW 2007 - 2017 SULEV Time Line Graph for warranty expiration

Year of Car				Warranty Expires for BMW SULEV or 150,000 miles
2007	15			2022
2008	15				2023
2009	15					2024
2010	15						2025
2011	15							2026
2012	15								2027
2013	15									2028
2014	15										2029
2015	15											2030
2016	15												2031
2017	15													2032

The 2009 list of parts covered under your emissions warranty.

List of parts covered under your emissions warranty:

Emission Control Parts

 1. Exhaust Gas Conversion Systems: oxygen sensor, thermal reactor, catalytic converter, dual-walled exhaust pipe

 2. Exhaust Gas Recirculation System: EGR valve, thermal vacuum switch, EGR solenoid, EGR spacer plate, EGR backpressure transducer, sensor and switches use to control EGR flow

 3. Evaporative Emission Control System: purge valve, fuel filler cap, purge solenoid, vapor storage canister and filter

 4. Positive Crankcase Ventilation (PCV) System: PCV valve, PCV solenoid

5. Air Injection System: Air pump, diverter, bypass, or gulp valve, reed valve, anti-backfire or deceleration valve

 6. Early Fuel Evaporative (EFE) System: EFE valve, thermal vacuum switch, heat riser valve

 7. Fuel Metering System: electronic control module (unit) or EFI air flow meter, computer command module or mixture control unit, deceleration controls, electronic choke, fuel injectors, fuel injection units and fuel altitude compensator sensor, bars or rails for EFI or TBI systems, mixture settings on sealed fuel mixture control solenoid, diaphragm or other systems, fuel metering components that achieve closed/other feedback control sensors/loop operation switches and valves

 8. Air Induction System: thermostatically controlled air cleaner, air box

9. Ignition Systems: electronic spark advance timing advance/retard systems, high energy electronic ignition

 10. Miscellaneous Parts: hoses, gaskets, brackets, clamps and other accessories used in the above systems 

Emission Related Parts These are examples of other parts of your vehicle which have a primary purpose other than emissions control but which nevertheless have significant effects on your vehicle’s emissions. If any of these parts fail to function or function improperly, your vehicle’s emissions may exceed federal standards. Therefore, when any of the parts of the following systems are defective in materials or workmanship and have failed in a way that would be likely to cause your vehicle’s emissions to exceed federal standards, they should be repaired or replaced under the emissions warranty:

1. Fuel Injection System: fuel distributor

 2. Air Induction System: turbocharger, intake manifold

 3. Exhaust System: exhaust manifold

4. Ignition System: distributor, spark plugs, ignition wires and coil 

5. Miscellaneous Parts: hoses, gaskets, brackets, clamps, and other accessories used in the above systems. 

 Major Emission Control Components? There are three specified major emission control components, covered for the first 8 years or 80,000 miles of vehicle use (whichever first occurs) on 1995 and newer vehicles: • Catalytic converters • The electronic emissions control unit or computer (ECU) • The onboard emissions diagnostic device or computer (OBD)



SULEV (PZEV)  Emissions Parts List

Federal and California BMW Emissions Warranty Laws

Federal Emissions Warranty Laws

The best source of information is always the horse's mouth, especially when you are dealing with emission warranty laws. Go check out what the EPA (Environmental Protection Agency) says regarding your emissions warranty:

Federal Emissions Warranty Laws

Emissions Warranty Questions and Answers

Federal Emissions Warrantys

California Emissions Warranty Laws

California Emissions Warranty – Under the California Emissions Warranty, vehicles certified for sale in California, and those states like Vermont that have legally adopted California Emissions Standards and Warranty Provisions, have additional coverage beyond that required under Federal law. Under the California provisions, all emissions related parts are covered for 3 years or 50,000 miles*, and a vehicles specific list of more expensive emissions related parts is covered for 7 years or 70,000 miles*. In addition, the 8 year or 80,000 mile* coverage for the catalytic converter and engine control unit required by Federal law applies. Also, some models, designated as California Partial Zero Emission Vehicles (PZEV), have 15 year or 150,000 mile* emissions warranties covering essentially any component that causes the Check Engine Light to illuminate. These California Emissions Warranty provisions cover vehicles up to 14,000 pounds GVWR. * whichever comes first. 

Who can help you with your emissions warranty claim when you are denied coverage?

 Who can help you with your emissions warranty claim when you are denied coverage?

When no one will honor your warranty claim what do you do?

If after asking the dealership and the company about your emissions warranty coverage and no one will honor it,the next step is if you live in California call the CARB California Air Resource Board.

Phone Number 

1800-242-4450

If you don't live in California you can write the EPA Environmental Protection Agency. the address is

  Environmental Protection Agency

 Office of Transportation and Air Quality

 Compliance Division, Light-Duty Vehicle Group  

Attn: Warranty Complaints  

2000 Traverwood Drive 

Ann Arbor, MI 48105 
Email: complianceinfo@epa.gov

 If you have followed the manufacturer’s procedures (including  those for appeals) for making a warranty claim as set out in your owner’s manual or warranty booklet, have received a written denial and you are not satisfied with the manufacturer’s  determination, you may submit a letter to EPA at the above address. It should provide details of the situation including the basis for the claim, a copy of the written denial, copies of your letters to the manufacturers, and copies of any receipts for emission control parts and repairs you have paid for,

Informal Warranty Complaint Form from the California Air Resource Board

Informal Warranty Complaint Form from the California Air Resource Board:

There are two pages to fill out and you will need to send support documents;

* Copies of the warranty pages from the owners manual 

 *Your maintenance records/receipts (if you don't have them you still can get assistance with enforcing your warranty)

*Please call (800) 242-4450 to get an original form from the California Air Resource Board these copies are only for your information.

Page 1 of  2 Informal Warranty Complaint Form California Air Resource Board
Emissions Warranty

Page 2 of 2 Informal Warranty Complaint Form California Air Resource Board
Emissions Warranty

BMW 328i 2007 drive cycle to reset computer

I finally got my BMW fixed but now the smog place is telling me I need to do a drive cycle so the computer will reset. The drive cycle I finally got from the BMW dealership was as follows:

1.) DRIVE VEHICLE FOR 60 MILES - BETWEEN 50-60 mph ON THE FREEWAY AND NOT TO EXCEED 3,000 rpm.

2.) DURING THE DRIVE CYCLE ALLOW THE VEHICLE TO COAST TO 30 mph  AND RE-ACCELERATE TO COMPLETE THE CYCLE, NOT TO EXCEED 3,000 rpm. WHEN ACCELERATING.



I thought how am going to do this living in Los Angeles with no tags? I had to do this after 10 pm but before 3 am to miss traffic. Driving between 50 - 60 mph then coast to 30 mph on the 405 Freeway, with no tags for 2 hours?


I tried to get the dealership to do this but they refused,


I tried to get a temporary day pass from the DMV to drive the car legally, they refused because I was now 4 months late. I did pay my fees on time which prevents them from going up with additional charges. I explained the situation but they would not do it.




I was nervous, I had every piece of paperwork to show an officer of my situation as to why I was driving my car with no tags in case I got pulled over. I almost wanted to put a note on my window saying

I am resetting my car's computer so I can pass my smog test please do not pull me over/

     

I didn't put that note up, after explaining the situation to my boyfriend who was not happy about this late night 2 hour drive I had to take I went for it.
MY ACTUAL DRIVE CYCLE:

...TRAFFIC at this Hour and 2 ACCIDENTS that had the freeway stopped! I sat in the car at a dead stop people were getting out of their cars to see what was holding up the freeway, 
  I had driven 30 miles at the 50 -60 mph range using the cruise control,  Then I sat on the freeway until the accident cleared  15 - 20 minutes, drove  for another 5 minutes and then sat for the 2nd accident to clear 10 -15 minutes. Then drove home.

I decided to just drive my car to work, on errands like normal even without my tags for a few days,

I really missed driving my BMW it felt so good to be behind the wheel of this car. My boyfriend who is wonderful generous and the best ever has let me drive his 2000 FORD Explorer for the last 4 months. I am grateful for this, but once I drove my BMW for that drive cycle all those reasons why I pay $350 for an oil change and all the other high costs of driving a BMW seemed perfectly logical or why I have not been able to drive my car for 4 months.
I love the way it drives it fits me like it was made for me, and now with a brand new cylinder head I can keep her longer than I expected, which is wonderful because I just made my last car payment.

And I took her back to the smog place and she passed!  

BMW Emissions Warranty 15 years/ 150,000 miles

BMW Warranty Coverage 

Failed smog test? Carbon build up?  

Are you a BMW owner who has failed a smog test due to carbon build up? or for any other reason? Is the dealership telling you it is going to cost you in the thousands to repair the problem? Don't let them trick you, YOU HAVE WARRANTY COVERAGE! 

My CAR:

• 2007 BMW 328i
• 147, 484 miles
• SULEV (super ultra low emissions vehicle) PZEV(Partial zero emissions vehicle)
• California

I was told that I would have to pay $8000 to clean out the carbon build up by a BMW dealership after my car failed a California smog test, this is my story and I hope other people can use this knowledge to get the warranty coverage they are entitled to.

I failed my California smog test and was told by my independent BMW mechanic and the dealership that I had carbon build up that was preventing me from passing the smog test The code was P0402. The cost to repair was way too expensive my independent mechanic even offered to buy my car from me. The repair is not easy and very time consuming for a mechanic. After re- reading the failed smog test paper I noticed it said some cars may be covered by  a warranty up to 15 years/150,000 miles. My car was at 147,484 miles. For coverage to apply your car has to have this label under the hood:

Check under the hood for this label: the label will let you know that you have a SULEV (PZEV) warranty. 

 I looked up the warranty information at BMW's website, get your book at the below link, fill out your year ,make and model and download your warranty book.

http://www.bmwusa.com/Standard/Content/Explore/BMWValue/BMWUltimateService/ServiceandWarrantyBooks.aspx

The warranty book stated in black and white that if I failed a smog test, BMW would repair at no cost to me.

Ok, so now I give BMWNA a call thinking they will agree with me and enforce the warranty, they are very polite but still refusing to enforce it with the dealership, the dealership claims that BMWNA has to approve it and BMWNA is claiming the dealership has to approve it. I spoke with the Service Manager, the warranty specialist, customer service everyone, back and forth, this was consuming a great amount of time. 

 I was told everything from I didn't have a warranty, it was a maintenance issue etc. I requested their refusal in writing, which no one would do. THEY ARE REQUIRED BY LAW to do this within 30 days of being informed of the  problem.

It was looking like they were sweeping me under the rug, no one at BMW was enforcing the warranty I would not give this up, I had rights, so I called the CALIFORNIA AIR RESOURCE BOARD (CARB), they sent me a  Informal Warranty Complaint Form   that I had to fill out, and send my supporting documents (maintenance records, copies of the warranty pages that apply ) to enforce my warranty claim. I mailed it all back to them and then received a call from them, They said I had sent all the information they needed and they would call BMW and then call me back.

After, she heard their  reasons or argument she said that they had to fix my car under the warranty. A few days later, I had to call the dealership and make an appointment  I dropped my car off, picked up my BMW loaner car and waited  for it to be fixed. 

I received a call from the mechanic 4 days later stating he had good news not only was my car ready but BMW decided to not repair my car  but to replace my cylinder head to ensure I would pass my smog test! and the $195.00 service charge to diagnosis my BMW, I paid, would be reimbursed to me.