Page 679 - The Central Motor Vehicles Rules, 1989

ANNEXURE-XII THE CENTRAL MOTOR VEHICLES RULES, 1989 651

4. Investigation relating to safety defects by the manufacturer, importer or
retrofitter of the motor vehicle
(i) The determination of a defect requires a proper risk assessment based on
factors such as probability of occurrence of failure, severity of consequences
of a potential failure as well as controllability by the driver of the vehicle.
(ii) If a manufacturer, importer or retrofitter, of the motor vehicle, as the case
may be, has reason to believe that a defect exists, or may exist, in any model,
type or category of a product, the manufacturer, importer or retrofitter, shall
immediately commence investigation to determine whether the defect
exists.
(iii) The manufacturer, importer or retrofitter, of the motor vehicle, as the case
may be, shall ensure that the investigation is carried out expeditiously and
in a manner which will enable them to determine properly and promptly
whether the defect exists and, if so, the nature of the defect and the products
potentially affected by the defect.
(iv) In carrying out the investigation, the manufacturer, importer or retrofitter,
of the motor vehicle, as the case may be, shall consider:—
(a) the information or advice received, the incident or incidents which
may point to the existence of a defect and the reported number and
frequency of the incidents;
(b) when, and the circumstances in or under which, the incidents have
occurred or may occur;
(c) the consequences of the incidents resulting from the defect; and
(d) any other relevant facts and circumstances directly related to incident
indicating the defect;
(v) If the investigations and considerations do not lead to a conclusion that the
safety defect exists, the manufacturer, importer or retrofitter, of the motor
vehicle, as the case may be, may decide the vehicle to be ineligible for recall
action and shall continue to monitor the product.
5. Obligation to conduct a recall
1. General Obligations
(a) If, as a result of the investigations and considerations referred to in
clause 4 of this Annexure, a defect is found to exist in a product, the
manufacturer, importer or retrofitter, of the motor vehicle, as the case
may be, shall conduct a recall in accordance with the prescribed
procedures.
(b) The standards applicable to a motor vehicle shall be those prevailing
at the time of manufacture, import or retrofitment, of that particular
motor vehicle.
2. Exceptions
(a) if a manufacturer, importer or retrofitter, of the motor vehicle, as the
case may be, identifies a defect in their product before it is delivered
to the customer, they would not be under obligation to conduct a safety
recall in respect of such product.
(b) the timely repairs, maintenance and good up keep of the vehicle, as
advised in owner’s manual or handbook, is the responsibility of the
vehicle owner. Accordingly, upon investigation by manufacturer,
importer or retrofitter the vehicle would be ineligible for ‘recall’ action