(1) Any alteration or retrofitment to a motor vehicle under subsection (1) of Section 52 of the Act including but not limited to change in fuel, conversion of propulsion system, replacement of engine, replacement of chassis or modification in body structure, shall be in compliance with the conditions, standards and specifications notified by the Central Government, and shall be carried out by either,- (i) original equipment manufacturer or (ii) dealer of the vehicle manufacturer or (iii) workshop authorized by the State Government or (iv) service station authorized by the State Government: Provided that for alterations to chassis, any alteration involving replacement of chassis may be permitted provided the new chassis is supplied by the same manufacturer, is of the same type and the conversion of chassis meant for one type of motor vehicle shall not be permitted for another type of motor vehicle;

(2) Any alteration or retrofitment of safety equipment or any other equipment pursuant to any direction issued by the Central Government under sub-section (1A) of section 52 of the Act shall be in compliance with the standards and specifications notified by the Central Government under the appropriate rule, and shall be carried out by either- (i) original equipment manufacturer or (ii) dealer of the vehicle manufacturer or (iii) workshop authorized by the State Government or (iv) service station authorized by the State Government;

(3) The compliance of any alteration or retrofitment to a motor vehicle made under sub-rule (1), shall be tested and validated by testing agencies notified under Rule 126 or self-certified by either the original equipment manufacturer or dealer of the vehicle manufacturer or workshop authorized by the State Government or service station authorized by the State Government, making the alteration under sub-rule (1), which shall issue a certificate of compliance in Form 22F, either electronically on the Portal or in physical form to the owner;

(4) The compliance of any alteration or retrofitment of safety equipment or other any other equipment made under sub-rule (2), shall type approved by testing agencies notified under Rule 126 in accordance with the relevant rule and the compliance of such alteration or retrofitment shall be self-certified by either the original equipment manufacturer or dealer of the vehicle manufacturer or workshop authorized by the State Government or service station authorized by the State Government, making the alteration under sub rule (1), which shall issue a certificate of compliance in Form 22F, either electronically on the Portal or in physical form to the owner.”

Among other things, it proposes that any alteration or retrofitment to a motor, including but not limited to change in fuel, conversion of propulsion system, replacement of engine, replacement of chassis or modification in body structure, should be in compliance with the conditions, standards and specifications notified by the Central Government and that such alterations should be carried out by any of the following:

(i) original equipment manufacturer or

(ii) dealer of the vehicle manufacturer or

(iii) workshop authorized by the State Government or

(iv) service station authorized by the State Government.

The alteration made needs to be tested and validated by testing agencies notified under Rule 126 or self-certified by either the original equipment manufacturer or dealer of the vehicle manufacturer or workshop authorized by the State Government or service station authorized by the State Government.

(1) Any alteration to a motor vehicle under sub-section (2) of Section 52 of the Act, to convert it to an Adapted Vehicle shall be in compliance with the conditions notified by the Central Government under this rule or any other applicable rule, and shall be carried out by either-

(i) original equipment manufacturer or

(ii) dealer of the vehicle manufacturer or

(iii) workshop authorized by the State Government or

(iv) service station authorized by the State Government;

(2) Either the original equipment manufacturer or dealer of the vehicle manufacturer or workshop authorized by the State Government or service station authorized by the State Government, making the alteration under sub-rule (1), shall issue a certificate of compliance in Form 22G, either electronically on the Portal or in physical form to the owner.”

(i) original equipment manufacturer or

(ii) dealer of the vehicle manufacturer or

(iii) workshop authorized by the State Government or

(iv) service station authorized by the State Government

Every motor vehicle shall be so constructed or equipped that the exhaust gases from the engine are discharged neither downward nor to the left side of the vehicle and shall be so fitted as to allow the gases to escape to the right side or rear of the vehicle:

Provided that in the case of tankers carrying explosives and inflammable goods, the fitment of exhaust pipe shall be according to the specification of the Inspector of Explosives:

Provided further that in the vehicles where the exhaust gases are discharged to the right of the vehicle, slight downward angle shall be permitted, provided the exhaust gases do not kick up any dust when the vehicle is stationary and engine running and in any case the angle of the pipe to the horizontal should not be more than 30 degrees:

Provided also that where the exhaust gases are discharged to the left of the vehicle the inclination of exhaust pipe should not cross 30 degrees in downward and 30 degrees in left direction against the vertical plane which includes the vehicle centre line, provided the exhaust gases do not take up any dust when the vehicle is stationary and engine running:

Provided further that in the case of agricultural tractors, vertical or horizontal exhaust pipe may be provided and outlet of this pipe should be so directed that the driver of the tractor is not exposed to exhaust gases by locating the outlet over or to the side of head-level of the driver as per Indian Standards IS: 12239 (Part1)1988.

Provided also that in the case of construction equipment vehicle and combine harvester vertical exhaust pipe may be fitted and outlet of this pipe shall be so directed that the driver of the vehicle is not exposed to exhaust gases.

(1) Every motor vehicle shall be so constructed or equipped that the exhaust gases from the engine are discharged neither downward nor to the left side of the vehicle and shall be so fitted as to allow the gases to escape to the right side or rear of the vehicle:

Provided that in the case of tankers carrying explosives and inflammable goods, the fitment of exhaust pipe shall be according to the specification of the Inspector of Explosives:

Provided further that, in the vehicles where the exhaust gases are discharged to the right of the vehicle, slight downward angle shall be permitted, provided the exhaust gases do not kick up any dust when the vehicle is stationary and engine running and in any case the angle of the pipe to the horizontal should not be more than 30 degrees:

Provided also that where the exhaust gases are discharged to the left of the vehicle the inclination of exhaust pipe should not cross 30 degrees in downward and 30 degrees in left direction against the vertical plane which includes the vehicle centre line, provided the exhaust gases do not take up any dust when the vehicle is stationary and engine running:

Provided further that in the case of agricultural tractors, vertical or horizontal exhaust pipe may be provided and outlet of this pipe should be so directed that the driver of the tractor is not exposed to exhaust gases by locating the outlet over or to the side of head-level of the driver as per Indian Standards IS 12239 (Part 1):1996:

Provided also that in the case of construction equipment vehicle vertical exhaust pipe may be fitted and outlet of this pipe shall be so directed that the driver of the vehicle is not exposed to exhaust gases;

(2) On and from the date of commencement of this sub-rule, no exhaust pipe of a motor vehicle including construction equipment vehicle and combine harvester shall be located within a distance of 35 millimetres from the fuel line connecting to the fuel tank and engine;

(3) The exhaust pipe of every public service vehicle shall be so fitted or shielded that no inflammable material is thrown upon it from any other part of the vehicle and that it is not likely to cause a fire through proximity to any inflammable material on the vehicle.

(i)            In case the exhaust gases from the engine are discharged to the right of the vehicle, a downward angle is allowed so that the dust does not kick up when the vehicle is stationary. The angle of the pipe to the horizontal should not be more than 30 degrees.

(ii)           In case the exhaust gases from the engine are discharged to the left of the vehicle, the inclination of exhaust pipe should not cross 30 degrees in downward and 30 degrees in the left direction against the vertical plane, which includes the vehicle centre line.

The Draft Rules propose that no exhaust pipe of a motor vehicle including construction equipment vehicle and combine harvester should be located within a distance of 35 millimetres from the fuel line connecting to the fuel tank and engine and that the exhaust pipe of the public service vehicles be fitted or shielded in a manner to not be likely to cause a fire.

Provided that in case the number of vehicles sold in India for a given base model and its variants (manufactured in India or imported to India) are less than 250 in any consecutive period of six months in a year, then such base model and its variants need not be subjected to the above test, if at least one model or its variants manufactured or imported by that manufacturer or importer, as the case may be, is subjected to such tests at least once in a year:

Provided further that, in case the number of base models and its variants manufactured/ imported is more than one and if the individual base model and its variants are less than 250 in any consecutive period of six months in a year, then the testing agencies can pick up one of the vehicles out of such models and their variants once in a year for carrying out such test.

(1) Where the Testing Agency approves a vehicle as a type vehicle, they shall issue a certificate (hereafter referred to as a “type approval certificate”) as per procedures laid down in AIS 017, as amended from time to time, and the procedures laid down by Central Government stating that the vehicle complies with the provisions of Rules made under Section 110.

(2) A type approval certificate may be issued subject to the inspection by officers of the Testing Agency conforming with the applicable type approval requirements and conditions for entry into the premises of manufacturer, dealer, or warehouse;

(3) The denial of the Type Approval Certificate by the Testing Agency shall be accompanied by a detailed written statement providing the reasons for the denial of the certificate;

(4) The Central Government may cancel or suspend the type approval certificate issued to a motor vehicle, if it appears to the Central Government, or any officer appointed under this sub-rule, that there has been a breach of a conditions subject to which a type approval certificate has been granted: Provided that prior to exercising the powers under this sub-rule, the Central Government, or any officer appointed under this sub-rule, shall give the holder of the type approval certificate an opportunity of being heard: Provided further that where the Central Government, or any officer appointed under this sub-rule, cancels or suspends a certificate in pursuance of this sub-rule, a detailed written order shall be issued stating the grounds for the cancellation or suspension;

(5) The testing agencies referred to in Rule 126 shall, subsequent to the grant of the Type Approval Certificate, under this rule shall also conduct tests on motor vehicles drawn from the production line of the manufacturer or dealer or warehouse to verify whether these vehicles conform to the provisions of rules made under Section 110 and Section 110B of the Act;

Provided that in case the number of vehicles sold in India for a given base model and its variants manufactured in India or imported to India are less than 250 in any consecutive period of six months in a year, then such base model and its variants need not be subjected to the above test, if at least one model or its variants manufactured or imported by that manufacturer or importer, as the case may be, is subjected to such tests at least once in a year:

Provided further that, in case the number of base models and its variants manufactured or imported is more than one and if the individual base model and its variants are less than 250 in any consecutive period of six months in a year, then the testing agencies can pick up one of the vehicles out of such models and their variants once in a year for carrying out such test.

Furthermore, it states that in case the type approval certificate is denied by the testing agency, then such denial should be accompanied by a detailed, written statement from the testing agency, stating reasons for denial of the certificate.

(1) The owner of a motor vehicle, a testing agency, or any other person as may be notified by the Central Government, may make an application through the Vehicle Recall Portal set up for this purpose under this rule by Central Government, to the Designated Authority under this rule, to designate a particular type of motor vehicle as a “defective motor vehicle”.

Explanation- For the purposes of this rule, a “defective motor vehicle” shall mean a motor vehicle that falls within the scope of Section 110A(1) of the Act, and shall include a motor vehicle which contains a constituent part, as well as software, which may be defective.

Provided that, for the purposes of this rule defect means a fault in any vehicle or component or software that poses or is likely to pose undue risk to road safety or environment, and that exists in a group of vehicles of the same design or manufacture, or items of equipment of the same type and manufacture, and which originated at design, manufacturing or manufacturer‘s assembly stage;

(2) The application as per sub-rule (1) to be made on vehicle recall portal shall contain such information about the particulars of the motor vehicle, the complainant/ owner of the motor vehicle, nature of the defect in the motor vehicle /component /software, the voluntary action undertaken by the manufacturer, importer or retrofitter, of the motor vehicle for resolving the defect, if any, and such other information, as may be specified by the Central Government;

(3) The Central Government shall designate an officer to exercise such powers as provided in Section 110A (5) and take necessary action, as the Designated Authority for the purposes of this Rule;

(4) The Designated Authority may suo moto issue a recall notice to the manufacturer, importer, or retrofitter of a motor vehicle, where he has reasonable grounds to believe that a motor vehicle is a “defective motor vehicle”, and that the defect exists in a group of vehicles of the same design or manufacture, or items of equipment of the same type and manufacture and which originated at design, manufacturing or assembly stage, and that it has already been supplied or made available to consumers;

Provided further that prior to issuance of the recall notice, the designated authority shall follow the procedure prescribed under sub-rule (5) and (6):

(5) If the Designated Authority has received an application under sub-rule (1), or has suo moto initiated action under sub-rule (2), after obtaining the prior permission of an officer not below the rank and pay of Director, Ministry of Road Transport and Highways, shall issue a show cause notice to the manufacturer, importer or retrofitter of the motor vehicle, and such manufacturer, importer or retrofitter may, within 30 days from receipt of the show cause notice make such response as he deems fit to the Designated Authority.

Provided that the Designated Authority shall initiate the procedure under this rule on the basis of applications made by owners of motor vehicles in a rolling year, only if the manager of the Vehicle Recall Portal informs the Designated Officer that such percentage of owners as may be notified for a particular defect in a type of motor vehicle have made a complaint:

Provided further that the standard applicable to the motor vehicle shall be the standard in force at the time of manufacture, import or retro fitment, of the motor vehicle:

Provided also that this recall will be limited to vehicles which are less than seven years old from the date of manufacturing, import or retro fitment;

(6) After receiving the response from the manufacturer, importer or retrofitter under sub-rule (3), or if the said manufacturer, importer or retrofitter has not made a response within 30 days the Designated Authority shall adopt such procedures as it deems fit to investigate whether the motor vehicle is a “defective motor vehicle”;

(7) The cost or fees of any tests conducted on the motor vehicle, or its constituent part or software, under sub-rule (4) shall be borne by the manufacturer, importer or retrofitter;

(8) Pursuant to the procedure laid down in this rule, if the Designated Authority finds that the vehicle is a ―defective motor vehicle‖ and a recall notice is required to be issued, or the manufacturer, importer or retrofitter of the motor vehicle has made a declaration under Rule 127D, the Designated Authority shall:

(a) Require the manufacturer, importer or retrofitter to produce all documents and necessary information on the manufacture of the motor vehicle;

(b) Require the manufacturer, importer or retrofitter to produce all information in his possession on the sale of all the motor vehicles having the alleged defect; and

(c) Require the manufacturer, importer or retrofitter to give such other information as may be necessary for the issuance of the recall notice.

(9) The Designated Authority may, after following the procedure laid down under this rule, issue a Recall Notice, to the manufacturer, importer or retrofitter requiring them to take such action as specified therein, including:

(a) where and to the extent it is practicable to do so, contact consumers who have purchased the motor vehicle in order to inform them of the recall;

(b) publish a notice in such form and such manner as is likely to bring to the attention of purchasers of the motor vehicle the risk the motor vehicle poses and the fact of the recall;

(c) make arrangements for the collection or the rectification of motor vehicle and wherever required facilitate collection or delivery of the motor vehicle from consumers who have purchased it or for its disposal;

(d) such additional requirements on the recipient of the notice as are necessary with a view to achieving the return of the motor vehicle from consumers to the person specified in the notice or its disposal; and

(e) impose such fine within the limits, as per Table A given below on case to case basis, as directed by the Central Government:

(1) Every manufacturer, importer or retrofitter, of motor vehicle shall have in place a motor Vehicle Recall Plan as specified in Annexure XII to these rules. Every manufacturer, importer or retrofitter shall also have in place organization procedure to enable them to comply with the plan. The recall plan and the organization procedure may be reflected within the organisation’s quality manual.

(2) Without prejudice to the generality of the obligation referred to in sub-rule (1), the manufacturer, importer or retrofitter, is required to: (a) be informed of risks posed by the motor vehicles being manufactured, imported or retrofitted, by them;  (b) conduct investigations, and may take samples of motor vehicles and subject them to safety checks;   (c) maintain a register of recall related complaints and keep dealers informed of such monitoring;  (d) take appropriate action necessary to avoid recall related risks, including recall of the motor vehicle from the market, adequately and effectively warning consumers; and (e) comply with requirement laid down in Annexure XII of these rules.

(3) Where a manufacturer, importer or retrofitter, knows, on the basis of the information in their possession and as professionals, that a motor vehicle manufactured, imported or retrofitted, by them poses risks to the consumer and are potentially “defective motor vehicles” within the meaning of Section 110A of the Act, they shall immediately inform the Designated Authority in this chapter, giving details, in particular, of steps taken to prevent risk to the consumer

Provided that if the manufacturer, importer or retrofitter, has informed the Designated Authority under this sub-rule, and they show that they have taken the necessary action to mitigate the risk to the consumer, including by way of voluntary recall of the motor vehicle, they shall not be liable to pay a fine under Rule 127C(9)(e);

(4) When the manufacturer, importer or retrofitter of a motor vehicle is served with a Recall Notice under this Rule, they shall take such measures as specified in the Section 110A(3) of the Act: Provided that the manufacturer, importer or retrofitter may make an application to the Designated Authority for grant of additional time to initiate and complete the measures specified in the recall notice;

(5) Manufacturer, importer or retrofitter shall notify, through their web site and/or post, email, or through written communication, regarding the initiation of recall action to all the consumers of the affected vehicles and regarding the existence of the defect for which recall has been initiated and shall also include the evaluation of its risk to the safety of occupants and road users;

(6) The communication shall instruct consumers on the available remedies and modalities for availing from the manufacturer, importer or retrofitter;

(7) In the event there is no satisfactory response from any consumer after sending the first recall communication, the manufacturer, importer or retrofitter shall send at least one more subsequent communication. If such consumers do not respond or take action even after sending a second reminder, the manufacturer, importer or retrofitter shall not be held liable for failure to complete the recall process in such cases. Further in those cases also where the consumers are not traceable, even after concerted efforts by the manufacturer, importer or retrofitter, they shall not be held liable for failure to complete the recall process;

(8) The manufacturer, importer or retrofitter shall maintain the records as per Form A and B of Annexure XII relating to each recall conducted by him up to a period when the recall becomes inactive and thereafter submit the said forms to the Designated Authority.

The Draft Rules also propose to cast the following obligations on the Manufacturer, importer and retrofitter:

(a) Being informed of risks posed by the motor vehicles being manufactured, imported or retrofitted;

(b) Conduct investigations, and may take samples of motor vehicles and subject them to safety checks;

(c) Maintain a register of recall related complaints and keep dealers informed of such monitoring;

(d) Take appropriate action necessary to avoid recall related risks, including recall of the motor vehicle from the market, adequately and effectively warning consumers; and

(e) Comply with requirement laid down in Annexure XII of these rules.

The Draft Amendment Rules also propose to make it mandatory for the Manufacturer, importer and retrofitter to inform the designated authority, in case they know to the best of their knowledge that the motor vehicle manufactured, imported or retrofitted, by them poses risks to the consumer and are potentially “defective motor vehicles”. It is also proposed that they intimate the initiation of recall action through their web site and/or post, email, or through written communication.