California and other ARB (Air Resources Board) regulated states, regulate motor vehicle aftermarket parts that have the potential to impact emissions. In most cases, the sale and use of emissions related aftermarket parts on motor vehicles is prohibited unless it is either a “Replacement Part” as defined by California for example, or is a specifically authorized use of that part as reflected in an Executive Order (“EO Part.”)
Cal. Admin. Code tit. 13, s 1900
BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS
TITLE 13. MOTOR VEHICLES
DIVISION 3. AIR RESOURCES BOARD
CHAPTER 1. MOTOR VEHICLE POLLUTION CONTROL DEVICES
ARTICLE 1. GENERAL PROVISIONS
“Add-on part” means any aftermarket part which is not a modified part or a Replacement Part.
“Consolidated part” means a part which is designed to replace a group of original equipment parts and which is functionally identical of those original equipment parts in all respects which in any way affect emissions (including durability).
“Emissions-related part” means any automotive part, which affects any regulated emissions from a motor vehicles which is subject to California or federal emissions standards. This includes, at a minimum, those parts specified in the “Emissions-Related Parts List,” adopted by the State Board on November 4, 1977, as last amended May 19, 1981.
“Modified Part” means any aftermarket part intended to replace an original equipment emission-related part and which is not functionally identical to the original equipment part in all respects which in any way affect emissions, excluding a consolidated part.
“Replacement Part” means any aftermarket part intended to replace an original equipment emissions-related part and which is functionally identical to the original equipment part in all respects which in any way affect emissions (including durability), or a consolidated part.
The California Air Resources Board (ARB) regulates aftermarket parts and has promulgated regulations that essentially place all emissions related aftermarket parts into two categories:
§ 2221. Replacement Parts.
§ 2222. Add-On Parts and Modified Parts.
(a) Any Replacement Part subject to the provisions of this article shall be presumed to be in compliance with this article unless the executive officer makes a finding to the contrary pursuant to Section 2224(a).
(b) The manufacturer of any replacement part subject to the provisions of this article shall maintain sufficient records, such as performance specifications, test data, or other information, to substantiate that such a replacement part is in compliance with this article. Such records shall be open for reasonable inspection by the executive officer or his/her representative. All such records shall be maintained for four years from the year of manufacture of the replacement part.
(a) As used in this section, the terms “advertise” and “advertisement” include, but are not limited to, any notice, announcement, information, publication, catalog, listing for sale, or other statement concerning a product or service communicated to the public for the purpose of furthering the sale of the product or service.
(c) No person shall advertise, offer for sale, or install a part as a motor vehicle pollution control device or as an approved or certified device, when in fact such part is not a motor vehicle pollution control device or is not approved or certified by the state board.
(d) No person shall advertise, offer for sale, sell, or install an add-on or modified part as a replacement part.
(e) The Executive Officer may exempt add-on and modified parts based on an evaluation conducted in accordance with the “Procedures for Exemption of Add-on and Modified Parts,” adopted by the state board on November 4, 1977, as amended June 1, 1990.
(f) Each person engaged in the business of retail sale or installation of an add-on or modified part which has not been exempted from Vehicle Code section 27156 shall maintain records of such activity which indicate date of sale, purchaser name and address, vehicle model and work performed if applicable. Such records shall be open for reasonable inspection by the Executive Officer or his/her representative. All such records shall be maintained for four years from the date of sale or installation.
(g) A violation of any of the prohibitions set forth in this section shall be grounds for the Executive Officer to invoke the provisions of section 2225.
(j) The Executive Officer shall exempt aftermarket critical emission control parts on highway motorcycles from the prohibitions of California Vehicle Code sections 27156 and 38391 based on an evaluation conducted in accordance with the “California Evaluation Procedures for Aftermarket Critical Emission Control Parts on Highway Motorcycles,” as adopted on January 22, 2009, which is incorporated by reference herein.