Page 678 - The Central Motor Vehicles Rules, 1989

650 THE CENTRAL MOTOR VEHICLE RULES, 1989 ANNEXURE-XII
1
[ANNEXURE-XII
(Refer rule 127C) ANNEXURE-XII
Procedure for regulating the recall of the motor vehicle
1. Definitions
(a) “Component” means any part, assembly, fitted in the vehicle or supplied
along with the vehicle by the vehicle manufacturer.
(b) “Designated Officer” means the officer appointed under rule 127C.
(c) “Recall” means Motor vehicles are required to be designed and
manufactured as per applicable standards in such a way as to be sufficiently
safe for road use. Sometimes, after release to markets if, in the opinion of
manufacturer, importer or retrofitter, of the motor vehicle, as the case may
be, some vehicles have issues which maybe a ‘defect’ as defined in rule 127C,
such vehicles are to be inspected and rectified by the manufacturer or
importer (distributor), free of cost. This activity is called as “Recall”.
(d) “Recall product” shall mean a product wherein a defect has been identified
and confirmed post due investigation.
(e) “Recall activity” in relation to a recall means, the inspection of potentially
affected product and the rectification or, where necessary, replacement of a
defective constituent, part or software if the recall product is found to have
a defect in respect of which the recall is being conducted. Recall activity
shall not necessarily require replacement of the vehicle.
(f) “Recall start date” means that date in which manufacturer, importer or
retrofitter, of a motor vehicle, as the case may be, shall make the registered
owner of the defected vehicle, aware of the recall initiatives through call,
email and electronic or print media.
(g) “Vehicle Recall Portal” means the data base of the safety recall or recalls
created, uploaded and maintained by or on behalf of the Ministry of Road
Transport and Highways or the Designated Officer, referred to in Rule 127C.
The reports of the data available in this portal may be made available to the
manufacturer, importer or retrofitter.
2. Assignment of responsibility
Every manufacturer, importer or retrofitter, of the motor vehicle, as the case may
be, shall assign responsibility for the initiation, conduct and supervision of recalls, for
reporting progress of recall to the Central Government or the Designated Officer and
for the handling of such other matters within the organisation of manufacturer, importer
or retrofitter of the motor vehicle, as the case may be.
3. Establishment of procedures by manufacturer, importer or retrofitter
Every manufacturer, importer or retrofitter, of the motor vehicle, as the case may
be, shall establish and maintain within its organisation such procedures which will
enable the manufacturer, importer or retrofitter to comply with the procedures
prescribed herein and such proceedings shall also be made available in the public
domain to the citizens for their information.

1 Inserted vide GSR 173(E), dt. 11-3-2021, w.e.f. 1-4-2021.