Page 682 - The Central Motor Vehicles Rules, 1989

654 THE CENTRAL MOTOR VEHICLE RULES, 1989 ANNEXURE-XII

product brought back to them, or to their dealer or representative, by the affected owner
or his representative. Such recall activity shall be carried out free of charge to the owner.
As part of the recall activity, the manufacturer, importer, or retrofitter, or their
representative shall record the rectification information regarding the recall product.
(2) Based on the nature of defect, at the discretion of the manufacturer, importer,
or retrofitter, as the case may be, whose vehicles are recalled shall take necessary actions
mentioned in sub-section (3) of section 110A of the Act.
10. Destruction of defective parts
The manufacturer, importer or retrofitter, of the motor vehicle, as the case may be,
shall ensure that all parts having a defect and which are in, or come into, their possession
or control, are destroyed or rendered incapable of use or reuse unless they are reworked
and made safe. Further, the manufacturer, importer or retrofitter shall provide necessary
instructions to dealers or suppliers, as the case may be, for the secure retrieval of parts.
11. Substantial change in recall
The manufacturer, importer or retrofitter of the motor vehicle, as the case may be,
shall promptly notify the Designated Officer, if there is any substantial change in the
nature or scope of recall.
12. Records of recall
The manufacturer, importer or retrofitter, of the motor vehicle, as the case may be,
shall maintain the records, as per forms A and B, relating to each recall conducted by
them up to a period when the recall becomes inactive and thereafter submit the said
forms to the Designated Officer.
13. Notification of Existing Recalls
The manufacturer, importer or retrofitter, of the motor vehicle, as the case may be,
shall, unless directed by the Central Government or the Designated Officer, provide to
the Designated Officer within thirty days, details of all ongoing recalls being conducted
by them in the format at Form-B.
14. Completion of Recall
(1) The manufacturer, importer or retrofitter, of the motor vehicle, as the case may
be, shall continue to monitor the recall progress data and share it with Designated
Officer, as and when required. They shall inform the Designated Officer before closure
of recall, on completion or otherwise.
(2) Even after sending the final notice to customers, the vehicle manufacturers,
importer or retrofitter, may monitor such cases through their database or authorised
dealer network and address them as and when reported for rectification. The
manufacturer, importer, or retrofitter, of the motor vehicle, as the case may be, shall
have an option of closure of recall after one year from recall release date. However, on
completion of three years from the recall release date, the recall may be deemed
automatically inactive.
15. Audit
In case, Designated Officer believes that a manufacturer, importer or retrofitter has
not complied with the procedure prescribed herein, Designated Officer may conduct
audit of the related records of the manufacturer, importer or retrofitter of a motor
vehicle, as the case may be, after a reasonable notice period. Action points arising out
of such an audit shall be submitted to the Central Government for further orders.