New Rules to California Rental Vehicle Operators: Understanding OEHHA Amendments

July 17, 2019 8245 users 0 Category: Chemical

On July 1, 2019, the California Office of Environmental Health Hazard Assessment (OEHHA), the agency that oversees Proposition 65 has approved the amendments to the regulations that were put forward on the way to offer "Clear and Reasonable Warnings" concerning potential chemical exposure that will occur through rental motor vehicles. These amendments were created as a result of the issues raised by the rental car industry people that prominent display of Proposition 65 warning stickers will enable easy identification of vehicles as rentals and at the same time attract burglars because it is a common belief that valuables are also carried in rental vehicles. The new rule permits vehicle-rental businesses to use warnings that are less conspicuous and so avoid break-ins.

More About the Rulemaking

This new rulemaking has added Sections 25607.36 and 25607.37 to Article 6, which contain safe harbor tailored warnings to avoid exposure to listed chemicals that is likely to occur during the renting of a motor vehicle.

The new regulation will come into effect on October 1, 2019, and is going to provide car rental companies several options to let their consumers know about the warning. One or more of these methods may be used to provide the warning:

  • The warning may be printed in the rental agreement itself or on the rental ticket jacket or on a tag which is hung from the rental vehicle's rearview mirror.
  • The warning may be displayed as a signboard, in at least 22-point type size and kept at the counter or area where rental transactions occur at the rental facility and will be easily noticed, read, and understood by people before renting the vehicle.
  • The warning should be included in an electronic rental contract and in the confirmation email that will be sent to the renting party.
  • On the online reservation page, a clearly marked hyperlink with the word "WARNING" must be displayed.

Additionally, the warning needs to comply with the following content requirements and should never be printed in smaller than 6 point type size. The word "WARNING" should be printed in bold and capital letters.

Compliance with these new laws by vehicle rental firms is important to cut back the chances of litigation, and moreover, the content provided within the regulation has been deemed "clear and reasonable". These changes are more informative to the general public and also facilitate the rental car industry's compliance with Act, and therefore, considered to be beneficial to the health and welfare of the residents of California.