AAAA calls for national legislation on choice of repairer

The Australian Automotive Aftermarket Association (AAAA) is stepping up its choice of repairer campaign to push for legislation to ensure an open, fair and competitive automotive aftermarket.

The AAAA launched the choice of repairer campaign last year on behalf of Australia's independent aftermarket. AAAA executive director Stuart Charity said the aim of the choice of repairer campaign was to protect choice and competition in vehicle repair, servicing and replacement parts sectors by eliminating any technical or legal barriers that impact on the Australian consumers' rights to have their vehicle serviced, maintained and repaired in a timely manner, at competitive prices in the workshop of their choice.

Charity said the campaign has made important advances since the launch.

"We have presented key industry facts to Government and other industry influences to ensure that they recognise Australia’s automotive aftermarket contributes over $8 billion a year to the economy and employs 300,000 people in vehicle maintenance and repair, manufacture and supply of aftermarket parts and accessories, and vehicle recycling," he said.

The AAAA was also an active contributor to the recent Commonwealth Consumer Affairs Advisory Council (CCAAC) review of statutory and implied conditions and warranties.

This review has resulted in the development of a new Australian Consumer Law which has now passed both houses of Parliament and will come into force on 1 January 2011.

"From our perspective we can see that the new Law will provide for the implementation of a national, unified approach to consumer dealings. The new unfair terms and consumer guarantee provisions enable a safer environment for consumers, ensuring them better protection from exploitation. Nevertheless, the absence of explicit legislation protecting consumers from the danger of express warranties remains," Charity said.

AAAA also met with major automotive industry bodies to clarify its position.

"This is not a debate about vehicle manufacturers' intellectual property. The vehicle owner has already paid for the technology in the purchase price," he said.

"The AAAA objective is legislation that ensures that the customer has freedom of choice when it is time to repair or replace that technology.

"In Australia, there remains no regulated process to ensure that vehicle manufacturers make available vital repair and service information and equipment to independent aftermarket businesses.

"This means independent aftermarket parts suppliers and workshops in Australia must rely on the goodwill of vehicle manufacturers.

"This is a growing problem for consumers. It is estimated that over a 10 year period, a vehicle will require service and repairs approximately equal to one and a half times the original purchase price. Consumers are paying too much because this is not a fair and open playing field."

International regulatory models

Charity emphasised that modern vehicles are complex with sophisticated electronics controlling more systems, including engine, comfort and convenience functions, as well as safety and emissions devices.

"Australia needs Government policy that ensures this vital technical information can be accessed by aftermarket parts manufacturers and independent service and repairer businesses," he said.

"These legislative issues have been successfully addressed in Europe with the Automotive Block Exemption Regulation 1400/2002/EC, and in the USA, the Automotive Aftermarket Industry Association is gaining Congressional support for a 'motor vehicle owners' right to repair act," he said.

In response to Family First Senator Steve Fielding's move today to introduce the Choice of Repairer Bill 2010 into Federal Parliament, Charity said: "The AAAA welcomes Senator Fielding’s initiative, which will promote consumer choice and fair competition in the Australian automotive aftermarket. This legislation is critical in ensuring that car owners continue to maintain their freedom to choose who repairs their vehicle and what parts are used."

Visit: www.choiceofrepairer.com.au and www.aaaa.com.au