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Zachary
Zachary, Attorney
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Are California Air Resource Board emmission warranties effective

Resolved Question:

Are California Air Resource Board emmission warranties effective on vehicles in Maryland if purchased in 2006, before Maryland became a CARB state?

My warranty says, " Vehicles equipped with a California Certified Emission Control System that are registered and operated in California or any state that adopts California emission warranty provisions are covered by this warranty".
Submitted: 1 year ago.
Category: Legal
Expert:  Zachary replied 1 year ago.
Do you have any document which has a larger explanation of the warranty?
Customer: replied 1 year ago.

There are details of the warranty and then there is a text box with the following explanation-----"Vehicles equipped with a California Certified Emission Control System that are registered and operated in California or any state that adopts California emission warranty provisions are covered by this warranty. Currently, Connecticut, Maine, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island and Vermont are the only other states to which this warranty applies. Vehicles covered by this warranty are also covered by the Federal Emission Control Warranty (see page 14)"


 


Maryland has adopted the warranty provisions as of today. Not sure if it was 2007 or 2011, (after I purchased the car) but I read this as applying to states that adopt it in the future too. I don't know how to ask the State Attorney General what exactly Maryland law is. What I have found is COMAR 26.11.34.01 which says , "The purpose of this chapter is to implement the requirements of the Maryland Clean Cars Act of 2007 by establishing regulations implementing California's motor vehicle emission standards."


 


Basically I have a 2006 Toyota Prius with 86,000 miles that needs a new hybrid transmission for $5000+ which would be covered by the California emission warranty. Thanks for any insight.

Expert:  Zachary replied 1 year ago.
You are correct. The Maryland Clean Car Act required the Maryland Department of the Environment to adopt the California Emissions standards in 2007. This means that your vehicle has been maintained according to those standards since 2007.

The question of whether or not the warranty was waived by the operation and maintenance of the vehicle in Maryland in 2006 is not clear cut. Arguably, the vehicle has been maintained with these standards after 2007 and thus this should revive the warranty. Since the problem did not arrive until recently, the warranty should still apply.


However, my reading of the warranty you are citing is that it only covers the emissions system. The hybrid transmission is most likely part of the drive train rather than the emissions system.

My research on the specific warranty is that it is a 5 year/60,000 mile warranty on the drive train. This warranty applies nationwide regardless of the state. However, it has expired unless you have extended the warranty with Toyota.

May I ask what led you to believe that the transmission would be covered by the emission warranty?
Zachary, Attorney
Category: Legal
Satisfied Customers: 3814
Experience: Lead trial/International commercial attorney licensed 11 yrs
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Customer: replied 1 year ago.

I don't know that much about auto mechanics but have recently been reading up. Toyota's TSB from 2008 that applies to my specific problem says that the problem is covered under the California emission warranty. TSB 0306-08. Supposedly there is a revised TSB that omits that warranty wording but I haven't seen it myself. Prius doesn't really have a "transmission" it is a transaxle which includes a generator and a motor that are listed as "Hybrid" components. It has both gas and electric components. The 2012 warranty lists the transaxle as a warranteed part of the Hybrid system for the California emission control warranty. The TSB is listed under "electrical/battery". From online forums it appears that Toyota hasn't treated this problem consistently but it definitely seems to be a problem. I could use a Prius expert and a legal expert and some good luck. I really liked the car until now. Thanks for your help.

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