Page 338 - The Central Motor Vehicles Rules, 1989

310 THE CENTRAL MOTOR VEHICLES RULES, 1989 RULE 127A

127. Quality certificate by manufacturer 126C
1 2
[(1)] On and from the date of commencement of this rule, the sale of every motor
127
vehicle manufactured shall be accompanied by a certificate of road-worthiness issued
by the manufacturer in Form 22.
3
[(1A) On and from the date of commencement of the Central Motor Vehicles
(Amendment) Rules, 2015, the sale of every E-rickshaw or E-cart manufactured shall be
accompanied by a certificate of roadworthiness issued by the E-rickshaw or E-cart
manufacturer or the registered E-rickshaw or E-cart Association, in Form 22.]
4
[(2) On and from the date of commencement of the CMV (6th Amdt.) Rules, 2000,
the sale of every construction equipment vehicles manufactured shall be accompanied
by a certificate of road-worthiness issued by the manufacturer in Form 22.]
5
[127A. Non-Compliance with Standards

127A
(1) Subject to the provisions of this rule, an Investigating Officer, or officers,
empowered under this rule, shall conduct an investigation and exercise such powers as
required to enforce compliance of standards specified by order under section 109 and
compliance of standards prescribed under section 110 of the Act.
(2) The Investigating Officer, for the purposes of determining whether there has
been a contravention of standards imposed by or under this Chapter, may enter the
premises of a vehicle manufacturer or component manufacturer or importer or
retrofitter of a motor vehicle or component, as the case may be, other than premises
occupied only as a person’s residence, and inspect any record or procedure connected
with the production of a component including software, or motor vehicle or
retrofitment, including any arrangements for carrying out a test. Such entry and
inspection by the Investigating Officer shall be after obtaining the prior permission of
an officer not below the rank of Deputy Secretary, Ministry of Road Transport and
Highways.
(3) If the Investigating Officer has reasonable grounds to believe that there has been
a contravention of standards imposed by or under this Chapter, he may—
(a) for the purpose of ascertaining whether there has been any such
contravention, require the manufacturer, importer or retrofitter, or any
other person, as the case may be, to supply all necessary information relating
to the motor vehicle, or component under investigation, including by the
production of records, available in physical or electronic form;
(b) require any record which is stored in an electronic form and is accessible
from the premises, to be produced in a form which is convenient and can
be stored for record;
(c) obtain a sample of the finished motor vehicle that is, or contains a
constituent part or software that is suspected to be, in violation of the
standards, for the purpose of ascertaining, by testing or otherwise, whether
there has been any such contravention; and
(d) require the production of the stock register of the vehicle under
investigation, sold and unsold.

1 Existing rule 127 renumbered as “(1)” vide GSR 642(E), dt. 28-7-2000.
2 1-4-1991, vide Noti. No. SO 941(E), dt. 11-12-1990.
3 Inserted vide GSR 27(E), dt. 13-1-2015, w.e.f. 13-1-2015.
4 Inserted vide GSR 642(E), dt. 28-7-2000.
5 Inserted vide GSR 173(E), dt. 11-3-2021, w.e.f. 1-4-2021.