Page 341 - The Central Motor Vehicles Rules, 1989

RULE 127C THE CENTRAL MOTOR VEHICLES RULES, 1989 313

PROVIDED FURTHER that the standard applicable to the motor vehicle shall be
the standard in force at the time of manufacture, import or retrofitment, of the motor
vehicle:
PROVIDED ALSO that this recall shall be limited to vehicles manufactured or
imported or retrofitted which are less than seven years old from the date of
manufacturing, import or retrofitment.
(6) After receiving the response from the manufacturer, importer or retrofitter of
the motor vehicle, as the case may be, under sub-rule (5), or if the said manufacturer,
importer or retrofitter, of the motor vehicle, as the case may be, has not made a response
within thirty days the Designated Officer shall adopt such procedure as it deems fit to
investigate whether the motor vehicle is a defective motor vehicle.
(7) The cost or fees of any tests conducted on the motor vehicle, or its constituent
part or software, under sub-rule (4) shall be borne by the manufacturer, importer or
retrofitter, of a motor vehicle, as the case may be.
(8) If the Designated Officer finds that the vehicle is a defective motor vehicle and
a recall notice is required to be issued, or the manufacturer, importer or retrofitter of the
motor vehicle, as the case may be, has made a declaration under rule 127D, the
Designated Officer shall:—
(a) require the manufacturer, importer or retrofitter, of the motor vehicle, as
the case may be, to produce all documents and necessary information on
the manufacture of the motor vehicle;
(b) require the manufacturer, importer or retrofitter, of the motor vehicle, as
the case may be, to produce all information; and
(c) require the manufacturer, importer or retrofitter, of the motor vehicle, as
the case may be, to give such other information as may be necessary for the
issuance of the recall notice.
(9) The Designated officer may, after following the procedure laid down under this
rule, issue a recall notice, to the manufacturer, importer or retrofitter of the motor vehicle
requiring them to take such action as specified therein, including:—
(a) where and to the extent it is practicable to do so, contact consumers who
have purchased the motor vehicle in order to inform them of the recall;
(b) publish a notice in such form and such manner as is likely to bring to the
attention of purchasers of the motor vehicle the risk the motor vehicle poses
and the fact of the recall;
(c) make arrangements for the collection or the rectification of motor vehicle
and wherever required facilitate collection or delivery of the motor vehicle
from consumers who have purchased it or for its disposal;
(d) such additional requirements on the recipient of the notice as are necessary
with a view to achieving the return of the motor vehicle from consumers to
the person specified in the notice or its disposal; and
(e) impose such fine within the limits, as per Table given below on case to case
basis, as directed by the Central Government.

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It should be read as “for recalls other than section 110A(4) as amended by the Motor Vehicles (Amendment)
Act, 2019.”