Lok Sabha Question No. 703 (UNSTARRED), answered on 2022-07-21
Subject: Recall of Vehicles Due To Safety Defects
Ministry: ROAD TRANSPORT AND HIGHWAYS
Asked by: Sanganna Amarappa Karadi, S. Muniswamy, B. Y. Raghavendra, Prathap Simha, Jaisiddeshwar Shivacharya Mahaswamiji, Umesh G. Jadhav, L.S. Tejasvi Surya

## GOVERNMENT OF INDIA MINISTRY OF ROAD TRANSPORT AND HIGHWAYS

## LOK SABHA UNSTARRED QUESTION NO. 703 ANSWERED ON 21 ST  JULY, 2022

## RECALL OF VEHICLES DUE TO SAFETY DEFECTS

## 703.  SHRI SANGANNA AMARAPPA:

SHRI S. MUNISWAMY:

SHRI B.Y. RAGHAVENDRA:

SHRI PRATHAP SIMHA:

SHRI SHA.BRA.DR.JAI SIDDESHWAR SHIVACHARYA MAHASWAMIJI:

DR. UMESH G. JADHAV:

SHRI L.S. TEJASVI SURYA:

## Will the Minister of ROAD TRANSPORT AND HIGHWAYS

सड़क परिवहन औि िाजमार्ग मंत्री

## be pleased to state:

- (a) the total number with class/type of vehicles which were recalled in the country due to safety defects during the last three years and the current year;
- (b) the  total  number  of  road  accidents  involving  four  wheelers/Light Motor Vehicles (LMVs) in the country during the said period;
- (c) whether there is a mandatory recall policy for vehicles which fail to meet the prescribed safety standards and if so, the details thereof;
- (d) whether  the  Government  has  conducted  any  study  regarding  road accidents in the country involving four wheelers/LMVs during the said period and if so, the details thereof; and
- (e) the steps taken by the Government to minimise the number of road accidents in the country?

## ANSWER

THE MINISTER OF ROAD TRANSPORT AND HIGHWAYS

(SHRI NITIN JAIRAM GADKARI)

- (a) As  per data maintained  by  the Society of  Indian  Automobile Manufacturers  (SIAM),  under  Voluntary  Recall  Code  of  SIAM,  the total

number, with class/type of vehicles recalled in the country due to safety defects during the last three years and the current year, are as under:-

| Year                                  | Two wheelers   | Passenger cars   |
|---------------------------------------|----------------|------------------|
| FY 2019 - 2020                        | 53,324         | 1,61,597         |
| FY 2020 - 2021                        | 1,286          | 3,38,652         |
| FY 2021 - 2022                        | 8,64,557       | 4,67,311         |
| 1st April 2022 - Till 15th July, 2022 | 1,60,025       | 25,142           |
| Total                                 | 10,79,192      | 9,92,702         |

- (b) As per the data received from police department of all States/UTs, the total  number  of  road  accidents  that  occurred,  involving  categories  of Cars,  Taxis,  Vans  &  LMVs in  the  country  during  the  last  four  calendar years 2017 to 2020, are given in the following table:-
- (c)  Section 110A of the Motor Vehicles Act, 1988 is related to recall of motor  vehicles.  It  empowers  the  Central  Government  to  direct  a manufacturer to recall motor vehicles of a particular type or its variants, if-
- (a) a defect in that particular type of motor vehicle may cause harm to the environment or to the driver or occupants of such motor vehicle or other road users; and
- (b) a defect in that particular type of motor vehicle has been reported to the Central Government by -
- (i)  such  percentage  of  owners,  as  the  Central  Government  may,  by notification in the Official Gazette, specify; or
- (ii) a testing agency; or
- (iii) any other source.

|   Year |   Total Number of Road Accidents involving Cars, Taxis, Vans & LMVs |
|--------|---------------------------------------------------------------------|
|   2017 |                                                              113737 |
|   2018 |                                                              113490 |
|   2019 |                                                               92196 |
|   2020 |                                                               60986 |

Further, sub-section (6) of Section 110A of the Motor Vehicles Act, 1988 empowers the Central Government to make rules for regulating the recall of motor vehicles, of a particular type or its variants, for any defect which in the opinion of the Central Government, may cause harm to the environment or to the driver or occupants of such motor vehicle or to other road users. Accordingly, Ministry of Road Transport and Highways vide G.S.R. 173(E) dated 11 th  March, 2021 has inserted a new rule 127C in Central Motor Vehicles Rules, 1989 which prescribes the procedure for recall of defective motor vehicles and recall notice.

(d) and (e) On the basis of the data on road accidents from States/UTs, the Ministry of Road Transport & Highways published the Annual report titled 'Road Accidents in India'.

The analysis of data from States/UTs reveals that road accidents are multi-causal and are the result of interplay of various factors which can broadly be categorized into human error, Road condition/environment and vehicular condition.

Ministry  has  formulated  a  multi-pronged  strategy  to  address  the issue of road safety based on Education, Engineering (both of roads and vehicles), Enforcement  and  Emergency  Care.  Accordingly,  various initiatives have been taken by the Ministry, as detailed below:-

1. Education:
- i. To create effective public awareness about road safety, the Ministry undertakes various publicity measures and awareness campaigns on road safety through social media, electronic media, and print media. Further,  Ministry  implements  a  road  safety  advocacy  scheme  to provide  financial  assistance  to  various  agencies  for  administering Road Safety Advocacy.
- ii. Observance  of  National  Road  Safety  Month/Week  every  year  for spreading awareness and strengthening road safety.
- iii. A Certification Course for Road Safety Auditors has been commenced in the Indian Academy of Highway Engineers (IAHE).
- iv. To  impart  driving  training,  both  theoretical  and  practical,  to  the existing  and  aspiring  drivers,  for  setting  standards  and  monitoring driving training and issue of driving licence based on an objective and scientific process of testing skills, Ministry has been implementing a scheme for setting up of Institutes of Driving Training & Research (IDTRs),  Regional  Driving  Training  Centres  (RDTCs)  and  Driving Training Centres (DTCs) at district level in aspirational districts and other rural areas of the Country.
2. Engineering (both of Roads and vehicles):
7. 2.1 Road engineering:
- i. Road safety has been made an integral  part of road design at the planning stage. Road Safety Audit of all highway projects has been made mandatory at all stages i.e. design, construction, operation and maintenance.
- ii. There is high priority to identification and rectification of black spots (accident prone spots) on National Highways.
- iii. Ministry  has  delegated  powers  to  Regional  Officers  for  technical approval of the detailed estimates for rectification of identified Road Accident black spots.
- iv. Guidelines for pedestrian facilities on National Highways for persons with disabilities have also been issued to all States / UTs.
- v. The  electronic  Detailed  Accident  Report  (e-DAR)  Project  has  been initiated to establish a central repository for reporting, management and analysis of road accidents data across the country.
- vi. This Ministry and IRC have issued various codes and guidelines, from time  to  time,  to  implement  various  road  safety  measures  so  as  to minimize accidents on National Highways.

## 2.2  Vehicle engineering:

- i.   The Ministry has notified the mandatory provision of an airbag for the passenger seated on the front seat of a vehicle, next to the driver. Furthermore, the Ministry has also proposed that vehicles of category M1, manufactured after 01st October, 2022, shall be fitted with two side/side torso air bags, one each for the persons occupying front row outboard seating positions and two side curtain/tube air bags, one each for the persons occupying outboard seating positions.
- ii.   Ministry  has  notified  the  mandatory  fitment  of  following  listed safety technologies with effect from 01st July 2019:

For M1 category vehicles:

- a. Seat Belt Reminder (SBR) for driver and co-driver.
- b. Manual Override for central locking system
3. c.
4. Over speed warning system.

For all M and N category vehicles:

- a. Reverse Parking Alert System

iii. This Ministry has proposed that all front facing seats in vehicles of M1  category,  manufactured  on  and  after  01st  October  2022,  be provided with three- point seat belt.

iv.   Anti-Lock Braking System (ABS) for certain classes of L [Motor vehicle with less than four wheels , which includes a Quadricycle], M [Motor vehicles with at least four wheels used for carrying passengers] and N [Motor vehicles with at least four wheels used for carrying goods, which may also carry persons in addition to goods, subject to conditions stipulated in BIS standards] categories of motor vehicles.

- v. This Ministry  has  mandated  type  approval  of  vehicles  for protection of occupants in the event of an Offset Frontal Collision, for requirements for behavior of steering mechanism of the vehicle in a Head-on  collision,  Protection  of  Occupants  in  the  event  of  Lateral Collision and for type approval of vehicles with regard to protection of  pedestrians  and  other  vulnerable  road  users  in  the  event  of  a collision with a motor vehicle.
- vi.  Regulations  for  Bharat  New  Car  Assessment  Programme  -  The Ministry of Road  Transport  and  Highways  has  issued  a  draft notification dated 24th June 2022, whereby it is proposed to insert a new rule 126E in CMVR (Central Motor Vehicles Rules), 1989 regarding the Bharat New Car Assessment Program (BNCAP).

vii. The Ministry has mandated speed limiting function/speed limiting device  in  all  transport  vehicles,  except  for  two  wheelers,  three wheelers, quadricycles, fire tenders, ambulances and police vehicles.

- viii.     This  Ministry  has  mandated  compliance  of   fully  built  buses (with a seating capacity of 22 passengers or above, excluding driver), manufactured on and after 1st April 2019, with the requirements of Fire Detection, Alarm and Suppression system. Further, compliance of type III buses of category M3 and school buses with fire alarm and protection system in occupant compartment has also been mandated.
- ix. The Ministry has prescribed the format in which vehicle manufacturers issue the Road Worthiness Certification for registering motor vehicles.
- x. The Ministry is implementing a scheme for setting up one model Inspection  &  Certification  Centre  in  each  State/UT  with  Central assistance for testing the fitness of vehicles through an automated system.
- xi. This  Ministry,  vide  notification  dated  15th February,  2022  has prescribed norms related to safety measures for children below four years  of  age,  riding  or  being  carried  on  a  motor  cycle.  Further,  it specifies use of a safety harness, crash helmet and restricts speed to 40kmph.

## 3. Enforcement:

- i. The  Motor  Vehicles  (Amendment)  Act,  2019  provides  for  strict penalties for ensuring strict compliance and enhancing deterrence for violation  of  traffic  rules  and  strict  enforcement  through  use  of technology.
- ii. Guidelines for protection of Good Samaritans and rules as per MV (Amendment) Act, 2019 have been published.
- iii. Notification vide GSR 652 (E) dated 23rd September 2021- provides for recognition, regulation and control of Automated Testing Stations. These  rules  define  the  procedure  for  fitness  testing  of  vehicles through automated equipment and the procedure for grant of fitness certificate by ATSs. These rules came into effect on 25th September 2021.
- iv. Notification  vide  GSR  272(E)  dated  05th  April  2022,  provides  for mandatory  fitness  of  vehicles  only  through  an  Automated  Testing Station. It mandates the fitness check of Heavy Goods Vehicles/Heavy  Passenger  Motor  Vehicles  only  through  automated testing  stations  with  effect  from  01st  April  2023  onwards,  and  for Medium Goods Vehicles/Medium Passenger Motor Vehicles and Light Motor vehicles (Transport) with effect from 01st June 2024 onwards.
- v. MoRTH has issued notification G.S.R. 575(E) dated 11th August, 2021 for Electronic Monitoring and Enforcement of Road Safety. The rules specify the detailed provisions for placement of electronic enforcement devices (speed camera, closed-circuit television camera,  speed  gun,  body  wearable  camera,  dashboard  camera, Automatic Number Plate Recognition (ANPR), weigh in machine (WIM) and any such technology).

State Governments shall ensure that appropriate electronic enforcement  devices  are  placed  at  high-risk  and  high-density corridors on National Highways and State Highways, and at critical junctions  at  least  in  major  cities  with  more  than  one  million population  (as  per  data  available  based  on  Million  Plus  Urban Agglomerations or Cities: census of India 2011 or as per the latest census)  including  the  132  non-attainment  cities  (under  National Clean Air Programme) , and the electronic enforcement device shall be placed in such a manner so as not to cause any obstruction, line -of-sight issues or interruption in traffic flow.

## 4. Emergency care:

- i. The  National  Highways  Authority  of  India  has  made  provision  for ambulances with paramedical staff/Emergency Medical Technician/Nurse at toll plazas on the completed corridors of National Highways. Ministry has implemented a Scheme for grant of Award to the Good Samaritan  who  has  saved  the  life  of  a  victim  of  a  fatal  accident involving a motor vehicle by administering immediate assistance and rushing to Hospital/Trauma Care Centre within the Golden Hour of the
- ii. accident to provide medical treatment.

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