Page 681 - The Central Motor Vehicles Rules, 1989

ANNEXURE-XII THE CENTRAL MOTOR VEHICLES RULES, 1989 653

recall products and the actions which such owners would need to take
immediately.
5. Availability of replacement items and recall activity instructions
When the manufacturer, importer or retrofitter, of the motor vehicle, as the case
may be, has identified the nature of the defect and the recall products and determined
the manner in which the defect will be rectified, the manufacturer, importer or retrofitter
of the motor vehicle, as the case may be, shall take such actions as are necessary to ensure
that their dealers have, or will have at the appropriate time, the parts, assemblies and/or
material including software, and the technical and other instructions required to rectify
the defect as and when the owners present the recall product.
6. Notice to the Designated Officer
The manufacturer, importer or retrofitter, of the motor vehicle, as the case may be,
or their authorised dealers or representatives, as the case may be, shall, within seven
working days of starting a voluntary recall, give notice in writing on paper or in
electronic form to the Designated Officer in the format given in Form A.
7. Registered Owner’s or legal representative of the registered owner’s failure to
respond
If a registered owner of a recall product fails to respond to the first notice or fails
to bring back the recall product for inspection and, where appropriate, rectification,
within a period of ninety days from the issue of first notice, the manufacturer, importer
or retrofitter, or their representatives, or authorised dealers, as the case may be, shall
send a final notice to the owner within next thirty days and monitor the progress as
prescribed in the rules. Recall progress data shall be shared with the Designated Officer
as required.
8. Responsibility of the suppliers of products of manufacturer, importer or
retrofitter
If a product has, or could have, a safety defect and the product was sourced by the
manufacturer, importer or retrofitter of the motor vehicle, as the case may be, from a
third party supplier, the manufacturer, importer, or retrofitter, of the motor vehicle, as
the case may be, shall immediately intimate such third party. Where the manufacturer,
importer or retrofitter, of the motor vehicle as the case may be, deems it appropriate,
they shall seek the assistance of that third party in determining the nature of the safety
defect and the manner in which it would need to be rectified. The manufacturer,
importer or retrofitter of the motor vehicle, as the case may be, shall advise the third
party of their decision to conduct a safety recall in respect of such products as soon as
possible after that decision is made. If it is ascertained that the safety defect is a result
of an act or omission or non-conformity with the specifications and standards for
compliance, as provided by the manufacturer, importer or retrofitter, as the case may
be, of the motor vehicle to the supplier, the supplier shall be liable for all such acts
necessary for rectification of recall products, including but not limited to continuing to
keep the manufacturer, importer or retrofitter of the motor vehicle, as the case may be,
indemnified for such loss or damage or third party claims that may arise in connection
with the safety defects. The supplier shall also continue to keep the manufacturer,
importer or retrofitter, of motor vehicle, as the case may be, indemnified for any
proceedings initiated by a statutory authority against them, or fines imposed on them
for non-compliance with clause (e) of sub-rule (9) of rule 127 of these rules.
9. Rectification of recall products
(1) The vehicle manufacturer, importer or retrofitter or his representative, as the
case may be, shall carry out, as soon as is practical, the recall activity on each recall