Page 342 - The Central Motor Vehicles Rules, 1989

314 THE CENTRAL MOTOR VEHICLES RULES, 1989 RULE 127D

TABLE
No. of Vehicles Recalled Fine
@
(for recalls other than 110A(4) of the Motor Vehicle Act 2019)
2W 3W & L7 M1, N1 M2, M3, N2, N3,
T3, T4
1 to 6000 1 to 3000 1 to 1,000 1 to 500 10 Lakhs

6001 to 60,000 3,001 to 30,000 1,001 to 10,000 501 to 5000 20 Lakhs
60,001 to 6,00,000 30,001 to 3,00,000 10,001 to 1,00,000 5,001 to 50,000 50 Lakhs
6,00,000 Plus 3,00,000 Plus 1,00,000 Plus 50,000 Plus 100 Lakhs

(10) Any manufacturer, importer or retrofitter of the motor vehicle, as the case may
be, aggrieved by recall notice may, within 90 days from the date of receipt of the recall
notice, appeal to High Court.

127D. Obligations of Manufacturers, Importers or Retrofitters
(1) Every manufacturer, importer or retrofitter, as the case may be, of a motor
127D
vehicle shall have in place procedure for regulating the recall of motor vehicle as
specified in Annexure XII to these rules. Every manufacturer, importer or retrofitter of
the motor vehicle, as the case may be, shall also have it placed in the organisation, a
procedure to enable them to comply with the said procedure. The said procedure may
be reflected with in the organisations quality manual.
(2) Without prejudice to the generality of the obligation referred to in sub-rule (1),
the manufacturer, importer or retrofitter of the motor vehicle, as the case may be, is
required to:—
(a) inform risks posed by the motor vehicles being manufactured, imported or
retrofitted, by them;
(b) conduct investigations, and may take samples of motor vehicles and subject
them to safety checks;
(c) maintain a register of recall related complaints and keep dealers informed
of such monitoring;
(d) take appropriate action necessary to avoid recall related risks, including
recall of the motor vehicle from the market, adequately and effectively
warning consumers; and
(e) comply with requirement laid down in Annexure XII of these rules.
(3) Where a manufacturer, importer or retrofitter, of the motor vehicle, as the case
may be, knows on the basis of the information in their possession, that a motor vehicle
manufactured, imported or retrofitted by them poses risks to the consumer and are
potentially defective motor vehicles within the meaning of section 110A of the Act, they
shall immediately inform the Designated officer in this chapter, giving details, in
particular, of the steps taken or proposes to take to prevent risk to the consumer.
(4) When the manufacturer, importer or retrofitter, of a motor vehicle, as the case
may be, is served with a recall notice under the rule 127C, they shall take such measures
as specified in the sub-section (3) of section 110A of the Act.