Page 680 - The Central Motor Vehicles Rules, 1989

652 THE CENTRAL MOTOR VEHICLE RULES, 1989 ANNEXURE-XII

for reported ‘defects’ in case any fitment or alteration has been carried
out by the vehicle owner or any agency that has not been authorized
by the vehicle manufacturer, importer or retrofitter, or the legal
provisions of Act which affects the performance and has led to a defect
during the usage of the vehicle;
(c) any vehicle would be ineligible for recall if it has been used for a
purpose other than the purpose for which it was designed and
approved;
(d) any vehicle would be ineligible for recall which has developed a defect
because of ‘force majeure’ including but not limited to vandalism
during civil disturbances, or natural disasters or acts of terrorism.
3. Identification of recall products and determination of manner of rectification
If a manufacturer, importer or retrofitter of the motor vehicle, as the case may be,
is required to conduct a recall under clause 4 of this Annexure, they shall, without undue
delay,—
(a) identify the recall products by unique number(s), Vehicle Identification
Number, serial number or other such number, date of manufacture and/or
by such other identifying particulars as are available or as can reasonably
be obtained; and
(b) determine the manner in which the recall products are to be rectified (if
rectification is required) so as to eliminate the safety defect therefrom.
4. Preparation and publication for safety recall
When a manufacturer, importer or retrofitter, of the motor vehicle, as the case may
be, has identified the recall products and determined the manner in which the recall
products are to be rectified, the manufacturer, importer or retrofitter, their
representatives, or authorised dealers, shall—
(a) having regard to the nature of the defect and/or the urgency for
rectification, determine the steps which are to be taken to notify customers
of the safety recall as prescribed in the rules and, in particular, the
manufacturer, importer or retrofitter, of the motor vehicle, as the case may
be, or their representatives shall prepare:
(i) from such records and sources as are available to the manufacturer,
importer or retrofitter, of the motor vehicle, as the case may be, a list
containing the names, addresses and other required details of the
owners of the recall products;
(ii) a notice to the authorised dealer(s) informing them of the recall and
details of the actions which the manufacturer, importer or retrofitter,
and their dealers would need to take for initiating and conducting the
recall;
(iii) a communication to the Designated Officer as prescribed in the rules;
(iv) a notice to owners of the recall product informing them of their rights
and the actions they need to take to support the recall initiative.
(b) if the nature of the defect and/or urgency for rectification of the recall
products requires immediate action, the manufacturer, importer or
retrofitter, as the case may be, shall make the owners of the relevant product
aware of the safety defect through electronic and/or print media,
disseminating such information as is necessary to inform owners of the