California Health and Safety Code (HSC) sections 25250.50 et.seq. includes not only passenger vehicles but all “vehicles” under the California Vehicle Code section 670. For example, this law applies to trailers, tractor trailers and boat trailers, which are also captured by the definition of “vehicle” in the California Vehicle Code and some “off highway” vehicles. HSC section 25250.50(f) states that “Motor vehicle” and “vehicle” have the same meaning as the definition of “Vehicle” in Section 670 of the Vehicle Code (HSC section 5250.50(f)). Further, California Vehicle Code section 670 defines “vehicle” as “a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks.” (California Vehicle Code section 670 emphasis added.) What types of vehicles may or may not be drawn upon a highway are governed by the California Vehicle Code. Specific exemptions have been given to the following motor vehicle classes under HSC section 25250.55 which include:
  1. Military tactical support vehicles.
  2. Vehicles employing internal closed oil immersed brakes, or a similar brake system that is fully contained and emits no copper, other debris, or fluids under normal operating conditions.
  3. Brakes designed for the primary purpose of holding the vehicle stationary and not designed to be used while the vehicle is in motion.
  4. Motorcycles.
  5. Motor vehicles subject to voluntary or mandatory recalls of brake friction materials or systems due to safety concerns. This exemption shall expire upon the lifting of the recall and provision of new brake friction materials that comply with this article.
  6. Motor vehicles manufactured by small volume manufacturers, as defined in Section 1900 of Title 13 of the California Code of Regulations.
  7. Vehicles manufactured prior to January 1, 2021, and brake friction materials for use on vehicles manufactured prior to January 1, 2021, from the requirements of Section 25250.52.
  8. Vehicles manufactured prior to January 1, 2025, and brake friction materials for use on vehicles manufactured prior to January 1, 2025, from the requirements of Section 25250.53.
  9. Vehicles for which an extension from the requirements of Section 25250.53 was approved pursuant to Section 25250.54. (Please note: This exemption will not be available until after January 1, 2019. The extension referred to is only for brake friction material formulations that need additional time in order to meet the restrictions that go into effect on January 1, 2025).

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