Right to Repair

Publication date: 25 August 2009

The FIA right to repair campaign aims to protect aftermarket operators’ right to repair as well as the consumers’right to have their vehicles serviced, maintained and repaired at the workshop of their choice.

In its initial phase, the campaign focused on securing comprehensive access to technical information and spare parts that aftermarket operators need to perform their repairs. A lobbying campaign sought to ensure such rights remain enshrined in sectorspecific EU legislation.

However, granting independent operators full access to the repair market only matters if consumers are aware of and make full use of their rights.

Motorists Can Choose Any Repairer
Consumers are free to use the repair shop of their choice. This means consumers are free to choose who will carry out the work on their vehicles, whether it is an outlet belonging to the vehicle manufacturer’s network or an independent operator.

What About Warranty Rights?
Vehicle manufacturers may not make warranties contingent on the exclusive repair and servicing of a vehicle within their network, or on the exclusive use of their own branded spare parts. According to the European Commission, consumers have the right to use any repair shop for nonwarranty work, during both the statutory warranty period and any extended warranty period.

Of course, every operator is subject to statutory product and service liability. Anyone who damages a vehicle as a result of negligent work or use of defective parts is held responsible.

Recall Actions, Free Servicing and Warranties
An exception to the rule exists when a defect needs to be corrected at the vehicle manufacturer’s expense. Any defect originating from the car manufacturing process must be corrected by the vehicle manufacturer. In such cases paid for by the manufacturer, i.e. recall actions or free servicing or major warranty work etc., the work must be carried out where specified by the manufacturer. The manufacturer will also determine which parts are to be used.

Insurance Policies and Warranty Contracts
The right to choose during the warranty period applies only to warranties forming an integral part of the purchase of the vehicle. Warranties or insurance policies purchased separately are not covered. Motorists should be careful when signing a warranty contract. They may be signing away their right to choose.

Which Parts Can be Used?
“Original spare parts” and “parts of matching quality” can be used for vehicle repairs. “Original spare parts” are not only those parts distributed by the vehicle manufacturers, but also those bearing the parts producer’s logo. In most cases both are produced on the same factory line, with the same specifications.

There are also “parts of matching quality.” They are parts produced by independent parts producers that are of equivalent quality to the original part.

Go online for more information and sign the online petition at http://www.r2rc.eu/