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California Consumer Automotive Recall Safety

The rights and remedies are cumulative

By Chris Micheli, August 19, 2022 6:28 am

California has numerous formal acts in statute.  Vehicle Code Division 5, Chapter 4, Article 1.1 provides the Consumer Automotive Recall Safety Act, which is contained in Sections 11750 to 11762. Chapter 4 was added in 1959 by Chapter 3. Section 11750 names the act.

Section 11752 provides definitions for the following terms: “dealer”; “manufacturer’s recall”; “personal vehicle sharing program”; “recall database”; “recall database report”; and, “rental car company.”

Section 11754 provides that, 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 cannot loan, rent, or offer for loan or rent a vehicle subject to that recall until the recall repair has been made.

In addition, 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.

Section 11755 permits a new motor vehicle dealer to receive electronic authorization from consumers consistent with regulations adopted by the Bureau of Automotive Repair for any repair of a manufacturer recall. Section 11758 requires the department to include a specified recall disclosure statement on each vehicle registration renewal notice.

Section 11760 provides that this article does 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.

Section 11761 specifies that the rights and remedies provided by this article are cumulative and are not to be construed as restricting any right or remedy that is otherwise available. Section 11762 provides a severability clause.

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