---
kind: "section"
citation: "40 C.F.R. § 1037.120"
title: "40"
number: "1037.120"
heading: "Emission-related warranty requirements."
url: "https://uscodex.org/cfr/40/1037.120"
---

# §1037.120. Emission-related warranty requirements.

- (a) **General requirements.** You must warrant to the ultimate purchaser and each subsequent purchaser that each new vehicle, including all parts of its emission control system, meets two conditions:
  - (1) It is designed, built, and equipped so it conforms at the time of sale to the ultimate purchaser with the requirements of this part.
  - (2) It is free from defects in materials and workmanship that cause the vehicle to fail to conform to the requirements of this part during the applicable warranty period.
- (b) **Warranty period.**
  - (1) Your emission-related warranty must be valid for at least:
    - (i) 5 years or 50,000 miles for Light HDV.
    - (ii) 5 years or 100,000 miles for heavy-duty vehicles above 19,500 pounds GVWR.
  - (2) You may offer an emission-related warranty more generous than we require. The emission-related warranty for the vehicle may not be shorter than any basic mechanical warranty you provide to that owner without charge for the vehicle. Similarly, the emission-related warranty for any component may not be shorter than any warranty you provide to that owner without charge for that component. This means that your warranty for a given vehicle may not treat emission-related and nonemission-related defects differently for any component. The warranty period begins when the vehicle is placed into service.
- (c) **Components covered.** The emission-related warranty covers fuel cell stacks, RESS, and other components used with battery electric vehicles and fuel cell electric vehicles. The emission-related warranty covers all components whose failure would increase a vehicle's evaporative and refueling emissions (for vehicles subject to evaporative and refueling emission standards). The emission-related warranty covers components that are part of your certified configuration even if another company produces the component.
- (d) **Limited applicability.** You may deny warranty claims under this section if the operator caused the problem through improper maintenance or use, as described in [40 CFR 1068.115](/cfr/40/1068.115.md).
- (e) **Owners manual.** Describe in the owners manual the emission-related warranty provisions from this section that apply to the vehicle.

## Notes

### Amendments

[81 FR 74048, Oct. 25, 2016, as amended at 86 FR 34460, June 29, 2021; 88 FR 4637, Jan. 24, 2023; 89 FR 29772, Apr. 22, 2024; 91 FR 7786, Feb. 18, 2026]

### Authority

Authority: 42 U.S.C. 7401—7671q.

### Source

Source: 81 FR 74048, Oct. 25, 2016, unless otherwise noted.

### Amendments

[81 FR 74048, Oct. 25, 2016, as amended at 86 FR 34460, June 29, 2021; 88 FR 4637, Jan. 24, 2023; 89 FR 29772, Apr. 22, 2024; 91 FR 7786, Feb. 18, 2026]