§ 11754. — 11754. (Amended by Stats. 2018, Ch. 591, Sec. 2.)

California § 11754.

• Jurisdiction: California
• Code VEH: Vehicle Code - VEH
• Div. 5.: DIVISION 5. OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS
• Ch. 4.: CHAPTER 4. Manufacturers, Transporters, Dealers, and Salesmen
• Art. 1.1.: ARTICLE 1.1. Consumer Automotive Recall Safety Act

Text

(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.

Legislative History

Amended by Stats. 2018, Ch. 591, Sec. 2. (AB 2873) Effective January 1, 2019.