Page 336 - The Central Motor Vehicles Rules, 1989

308 THE CENTRAL MOTOR VEHICLES RULES, 1989 RULE 126A

Government or the State Road Transport Undertakings duly approved by the State
Government.]
1

[126A. Type approval and Conformity of Production

126A
(1) Where the Testing Agency approves a vehicle as a type vehicle, they shall issue
a certificate (hereafter referred to as a “type approval certificate”) as per procedures laid
down in AIS 017, as amended from time to time, and the procedures laid down by
Central Government stating that the vehicle complies with the provisions of rules made
under section 110.
(2) A type approval certificate may be issued subject to the inspection by officers
of the Testing Agency conforming with the applicable type approval requirements on
the test vehicle submitted by manufacturer, importer or dealer.
(3) The denial of the Type Approval Certificate by the Testing Agency shall be
accompanied by a report providing the reasons for the denial of the certificate.
(4) The Central Government or any officer appointed under this rule may cancel
or suspend the type approval certificate issued to a motor vehicle, if it appears to them,
that there has been a breach of any of the conditions subject to which a type approval
certificate has been granted:
PROVIDED that prior to exercising the powers under this sub-rule, the Central
Government, or any officer appointed under this sub-rule, shall give the holder of the
type approval certificate an opportunity of being heard and filing written response:
PROVIDED FURTHER that where the Central Government, or any officer
appointed under this sub-rule, cancels or suspends a certificate in pursuance of this
sub-rule, an order shall be issued stating the grounds for the cancellation or suspension:
(5) The testing agencies referred to in rule 126 shall, subsequent to the grant of the
2
Type Approval Certificate, under this rule shall [also conduct tailpipe emission tests]
on motor vehicles for conformity of production drawn from the production line of the
manufacturer or dealer or warehouse, as the case may be, to verify whether these
vehicles conform to the provisions of rules made under section 110 and section 110B of
the Act:
PROVIDED that in case the number of vehicles sold in India for a given base model
and its variants manufactured in India or imported to India are less than 250 in any
consecutive period of six months in a year, then such base model and its variants need
not be subjected to the above test, if at least one model or its variants manufactured or
imported by that manufacturer or importer, as the case may be, is subjected to such tests
at least once in a year:
PROVIDED FURTHER that, in case the number of base models and its variants
manufactured or imported is more than one and if the individual base model and its
variants are less than 250 in any consecutive period of six months in a year, then the
testing agencies can pick up one of the vehicles out of such models and their variants
once in a year for carrying out such test.]]

1 Substituted vide GSR 173(E), dt. 11-3-2021, w.e.f. 1-4-2021.
2 Substituted for “also conduct tests” vide GSR 393(E), dt. 7-6-2021, w.e.f. 8-6-2021.