Page 343 - The Central Motor Vehicles Rules, 1989
P. 343

RULE 128        THE CENTRAL MOTOR VEHICLES RULES, 1989               315

                                      (5) Every manufacturer, importer or retrofitter, of the motor vehicle, as the case
                                 may be, shall notify, through their web site or registered post or electronic mail,
                                 regarding the initiation of recall action to all the registered owner of the affected vehicles
                                 and regarding the existence of the defect for which recall has been initiated and shall
                                 also include the evaluation of its risk to the safety of occupants and road users.
                                      (6) The communication shall instruct registered owner of the defective vehicle on
                                 the available remedies and modalities for availing from the manufacturer, importer or
                                 retrofitter, of the motor vehicle, as the case may be.
                                      (7) In the event there is no satisfactory response from the registered owner or their
                                 legal representative after sending the first recall communication, the manufacturer,
                                 importer or retrofitter, of a motor vehicle, as the case may be, shall send at least one more
                                 subsequent communication. If such registered owner does not respond or take action
                                 even after sending a second reminder, the manufacturer, importer or retrofitter of the
                                 motor vehicle, as the case may be, shall not be held liable for failure to complete the
                                 recall process in such cases. Further in cases where the registered owners are not
                                 traceable, even after concerted efforts by the manufacturer, importer or retrofitter, of the
                                 motor vehicle, as the case may be, they shall not be held liable for failure to complete
                                 the recall process:
                                      PROVIDED that such communication to the registered owner if made in an
                                 electronic mode should be complied as per the provisions of the Information Technology
                                 Act 2000 (21 of 2000).
                                      (8) The manufacturer, importer or retrofitter, of the motor vehicle, as the case may
                                 be, shall maintain the records as per Form A and B of Annexure XII relating to each recall
                                 conducted by him up to a period when the recall becomes inactive and thereafter submit
                                 the said forms to the Designated Officer.]
                                                              Special Provisions
                                 128.  Tourist vehicles other than motor cabs, etc.
                                                                                                      128
                                      A tourist vehicle other than motor cab, taxi-cab, campers, van, house trailer, shall
                                 conform to the following specifications, namely :
                                      (1) The dimensions shall conform to the dimensions specified in rule 93.
                                      (2)  Structure—Structure of the  tourist vehicle should be sturdy  and  strong,
                                 structural frame  work using  suitable  material  of adequate sectional area  and  an
                                 aerodynamical shape. For exterior panelling, aluminium sheet or good quality panelling
                                 material should be used. As regards interior panelling it should cover the entire interior
                                 roof, sides, back and bulk head portions. The body should be made completely leakproof
                                 and dustproof. The vehicle should also be rattle proof. Sound deadening should also be
                                 done for all panelling including the floor.
                                      1
                                      [(3) Passenger entrance and exit—The passenger entrance-cum-exit door shall be
                                 located on the left side of the vehicle and minimum door width shall be 685 millimetres.
                                 The door handle should be capable of being handled from inside as well as outside. The
                                 door may be operated pneumatically or hydraulically or electrically with suitable
                                 locking devices.]







                                 1  Substituted vide GSR 338(E) dt. 26-3-1993.
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