WORLD TRADE
ORGANIZATIONG/TBT/N/IND/9
10 July 2002
(02-3855)
Committee on Technical Barriers to Trade Original:  English
NOTIFICATION
The following notification is being circulated in accordance with Article 10.6.
1. Member to Agreement notifying:   INDIA
If applicable, name of local government involved (Articles 3.2 and 7.2):           
2. Agency responsible:   Directorate General Foreign Trade, Department of Commerce,
Ministry of Commerce and Industry
Name and address (including telephone and fax numbers, e-mail and web-site
addresses, if available) of  agency or authority designated to handle comments
regarding the notification shall be indicated if different from above:           
3. Notified under Article 2.9.2 [ X], 2.10.1 [    ], 5.6.2 [    ], 5.7.1 [    ], other:           
4. Products covered (HS or CCCN where applicable, otherwise national tariff heading.
ICS numbers may be provided in addition, where applicable):   Second hand or new
vehicle (including all the vehicles other than Railway or Tramway-as covered under Ch. 87
of ITC(HS) classification of import and export items).
A. Second hand or used vehicle shall mean a vehicle that:
(a) has been sold, leased or loaned prior to importation into India;  or(b) has been registered for use in any country according to the laws of that country,
prior to importation into India.
B. New imported vehicle shall mean a vehicle that:
(a) has not been manufactured/assembled in India;  and
(b) has not been sold, leased or loaned prior to importation into India;  or(c) has not been registered for use in any country according to the laws of that country,
prior to importation into India.
5. Title, number of pages and language(s) of the notified document:  DGFT Notification
no. 4(RE-2001)/97-2992, dated 31 March 2001, (3 pages, in English)
6. Description of content:
A. Second Hand or used Vehicles:  The import of second hand or used vehicles shall
be subject to the following conditions:
(a) The second hand or used vehicle shall not be older than three years from the date of
manufactureG/TBT/N/IND/9
Page 2
(b) The second hand or used vehicle shall:
(i) have right hand steering, and controls (applicable on vehicles other than two and
three wheelers);
(ii) have a speedometer indicating the speed in Kilometres;  and
(iii) have photometry of the headlamps to suit "keep left" traffic.(c) In addition to the conditions specified in (a) and (b) above, the second hand or used
vehicle shall conform to the provisions of the Motor Vehicle Act, 1988 and the
rules made thereunder.
(d) Whoever being an importer or dealer in motor vehicles who imports or offers to
import a second hand or used vehicle into India shall,
(i) at the time of importation, submit a certificate issued by a testing agency, which the
Central Government may notify in this regard, that the second hand or used vehiclebeing imported into India has been tested immediately before shipment for export to
India and the said vehicle conforms to all the regulations specified in the Motor
Vehicles Act, 1988 of India and the rules made thereunder.
(ii) At the time of importation, submit a certificate issued by a testing agency, which
the Central Government may notify in this regard, that the second hand or usedvehicle being imported into India has been tested immediately before shipment for
export to India and the said vehicle conforms to the original homologation
certificate issued at the time of manufacture.
(iii) On arrival at the Indian port but before clearance for home consumption, submit the
vehicle for testing by the Vehicle Research and Development Establishment,Abmednagar of the Ministry of Defence of the Government of India  or Automotive
research Association of India, Pune or Central Farm Machinery Training and
Testing Indstitute, Budni, Madhya Pradesh for tractors, and such other agencies as
may be specified by the Central Government, for granting a certificate by that
agency as to the compliance of the provisions of the Motor Vehicles Act, 1988 andany rules made thereunder.
(iv) Import of these vehicles shall be allowed only through the customs port at Mumbai.
(e) The second hand or used vehicles imported into India should have a minimum
roadworthiness for a period of 5 years from the date of importation into India with
assurance for providing service facilities within the country during the five year
period.  For this purpose, the importer shall, at the time of importation, submit a
declaration indicating the period of roadworthiness in respect of every individualvehicle being imported, supported by a certificate issued by any of the testing
agencies, which the Central Government may notify in this regard".
B. New Vehicles:  The import of new vehicles shall be subject to the following
conditions:
(a) The new vehicle shall:
(i) Have a speedometer indicating the speed in kilometres per hour;
(ii) have right hand steering, and controls (applicable on vehicles other than two and
three wheelers);G/TBT/N/IND/9
Page 3
(iii) have photometry of the headlamps to suit "Keep-left" traffic;  and
(iv) be imported from the country of manufacture
(b) In addition to the conditions specified in (a) above, the new vehicle shall conform to
the provisions of the Motor Vehicles Act, 1988 and the rules made thereunder, as
applicable, on the date of import.
(c) Whoever being an importer or dealer in motor vehicles who imports or offers to
import a new vehicle into India shall.
(i) at the time of importation, have valid certification of compliance as per the
provisions of rule 126 of Central Motor Vehicle Rules (CMVR), 1989, for the
vehicle model being imported, issued by any of the testing agencies, specified in the
said rule;
(ii) be responsible for all the provisions assigned to the manufacturer as per Rules 122
& 138 of CMVR. 1989 and for issuing Form 22, as per provisions of CMVR, 1989;
and
(iii) give an undertaking in writing that the proof of compliance to conformity of
production as per rule 126A of CMVR shall be submitted within six months of the
imports.  In case of failure to do so, no further import of new vehicle of that modelshall be allowed thereafter.
(d) The import of new vehicles shall be permitted only through the Customs port at
Nhava Sheva, Calcutta and Chennai.
(e) The provisions of this notification will not apply to the imports of new vehicles:
(i) for the purpose of certification as per para c (I) above;(ii) for the purpose of defence requirements; and
(iii) for the purpose of R&D by vehicle manufacturers".
7. Objective and rationale, including the na ture of urgent problems where applicable:
Road safety, pollution control and national treatment.
8. Relevant documents:
1. Motor Vehicle Act, 1988
2. Central Motor Vehicle Rules (CMVR), 1989
3. ITC(HS) Classification of Export a nd Import Items, 1 April 2002-31 March 2007
9. Proposed date of adoption:
Proposed date of entry into force: }31 March 2001
10. Final date for comments:   Measure being notified to WTO is being enforced with effect
from 31 March 2001.  This notification is being made to acquaint Members with the
regulation already in force.
11. Texts available from:  National enquiry point [     ] or address, telephone and fax
numbers, e-mail and web-site addresses, if available of the other body:  Text of the
notification is available at the http://www.nic.in/eximpol