Page 340 - The Central Motor Vehicles Rules, 1989

312 THE CENTRAL MOTOR VEHICLES RULES, 1989 RULE 127C

(2) A suspension order served in relation to a motor vehicle or component under
investigation, may require the manufacturer, importer or retrofitter on whom it is served
to keep the officer informed of the whereabouts of such motor vehicles or their
constituent parts.

127C. Defective Motor Vehicles and Recall Notice
(1) The Central Government shall designate an officer to exercise such powers as
127C
provided in sub-section (5) of section 110A and take necessary action, as the Designated
Officer for the purposes of this rule.
(2) The owner of a motor vehicle, a testing agency, or any other source as may be
notified by the Central Government, may make an application through the Vehicle
Recall Portal, to the Designated Officer under this rule, to designate a particular type of
motor vehicle as a defective motor vehicle.
Explanation 1 : For the purposes of this rule “defect” means a fault in any vehicle
or component or software that poses or is likely to pose undue risk to road safety or
environment, and that exists in a group of vehicles of the same design or manufacture,
or items of equipment of the same type and manufacture, and which originated at
design, manufacturing or manufacturer’s assembly stage;
Explanation 2 : For the purposes of this rule, a “defective motor vehicle” shall mean
a motor vehicle that falls within the scope of sub-section (1) of section 110A of the Act,
and shall include a motor vehicle which contains a constituent part, as well as software,
which may be defective.
(3) The application made under sub-rule (2) shall contain such information about
the particulars of the motor vehicle, the complainant or owner of the motor vehicle,
nature of the defect in the motor vehicle or component or software, the voluntary action
undertaken by the manufacturer, importer or retrofitter, as the case may be, of the motor
vehicle for resolving the defect, if any, and such other information, as may be specified
by the Central Government.
(4) The Designated Officer may suo moto issue a recall notice to the manufacturer,
importer, or retrofitter, as the case may be, of a motor vehicle, where such officer has
reasonable grounds to believe that a motor vehicle is a defective motor vehicle, and that
the defect exists in a group of vehicles of the same design or manufacture, or items of
equipment of the same type and manufacture and which originated at design,
manufacturing or assembly stage, and that it has already been supplied or made
available to consumers:
PROVIDED FURTHER that prior to issuance of the recall notice, the Designated
Officer shall follow the procedure prescribed under sub-rules (5) and (6).
(5) If the Designated Officer has received an application under sub-rule (2), or has
suo moto initiated action under sub-rule (4), [after obtaining the prior permission of an
officer not below the rank of Deputy Secretary, Ministry of Road Transport and
Highways] shall issue a show cause notice to the manufacturer, importer or retrofitter
of the motor vehicle, as the case may be, and such manufacturer, importer or retrofitter
may, within thirty days from receipt of the show cause notice make such response as
deem fit to the Designated Officer:
PROVIDED that the Designated Officer shall initiate the procedure under this rule
on the basis of application made by owner of motor vehicles within last twelve months
on the basis of information received which may include information from Vehicle Recall
Portal that such percentage of owners as may be notified for a particular defect in a type
of motor vehicle have made a complaint: