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Who is Affected By Right to Repair?

CONSUMERS

  • In-warranty service, maintenance and repair work by Independent Service Providers (ISPs).

  • Consumers should be able to service, repair and maintain their vehicle, during the warranty period, at any service provider of their choice.

  • Consumers should be made aware of risk of damage that could arise from the work of ISPs, which may potentially void certain obligations in terms of the warranty.

  • Consumers should ensure that ISPs that service their vehicles keep a proper record in their service books.

  • Consumers who have insurance cover should, during the warranty period, undertake motor-body repairs at the service provider allocated by their insurer.

  • Consumers should approach the relevant authority should they find themselves in a dispute concerning the service and repair of their vehicle Fitment and Access to Spare Parts.

  • Consumers can fit original or non-original spare parts, at a service provider of their choice during the in-warranty period.

  • If any damage is caused to a motor vehicle from the fitment of non-original spare parts by an ISP, there is a risk that certain provisions of the OEM warranty will be invalid. The OEM concerned should conduct an assessment, at its own cost, to ascertain such damage and liability The Bundled Sale of Value Added Products

  • Consumers should be able to exercise choice regarding whether to purchase the Maintenance Plan or Service Plan with a motor vehicle.

INSURERS

  • Appointment of service providers and allocation of work.

  • Insurers should publish the criteria required for repairers to be on their panels.

  • Insurers should approve any repairer that meets the insurer’s standards and specifications, to join their panels.

  • Insurers should disclose reasons to applicants when their applications to join the panel were rejected.

  • Insurers should rotate panels periodically.

  • Insurers should not appoint any repairer to panels for a period exceeding five (5) years.

  • Insurers should also not continuously re-appoint the same repairer to a panel if it excludes the appointment of other repairers within the designated geographic area.

  • Insurers should allocate work to Historically Disadvantaged Individual (HDI) firms, fairly.

  • Insurers should publish a list of all their approved repairers for consumers to access.

  • Insurers should allocate repair work to OEM approved motor body repairers during the warranty period of the vehicle; Insurers can allocate to insurance-approved repairers when the vehicle is out of the warranty period.

INDEPENDENT SERVICE PROVIDERS

  • In-warranty service, maintenance and repair work by ISPs.

  • ISPs shall undertake in-warranty service, maintenance and repair work.

  • ISPs should record in-warranty work undertaken by them in their customers’ service books or equivalent.

  • ISPs should disclose to consumers the risk of damage that could arise from their work, which may potentially void certain obligations in terms of the warranty.

  • ISPs should disclose to consumers, whether they have adequate commercial insurance cover to perform the work that they will be undertaking on the vehicle Fitment and Access to Spare Parts.

  • ISPs should have access to original spare parts to perform service, maintenance or repair work.

  • ISPs should be restricted or prohibited from onselling original spare parts to third parties • ISPs should have access to security-critical components subject to meeting the OEM’s accreditation requirements

  • ISPs should make consumers aware of the risks of fitting spare parts that may lead to the voiding of the warranty Access to information and technical training.

  • ISPs should have access to the OEM-technical information on reasonable terms and conditions.

  • ISPs should have access to training for their employees from OEMs at a reasonable cost.

APPROVED DEALERS

  • Appointment of Dealers by OEMs.

  • Approved Dealers should be selected based on a realistic evaluation conducted by the OEMs of the market potential Designated Geographic Area.

  • Preference should be given to applicants who are owned or controlled by HDIs and who meet the OEM’s requirements.

  • Prospective Dealers should face lower financial barriers to entry and less onerous obligations on investments.

  • Approved Dealers should have access to multiple suppliers for required branding and corporate identity elements of dealerships Preventing anti-competitive information sharing between multi-brand dealerships.

  • Approved Dealers should not engage in price coordination of competing motor vehicles they sell in their dealership.

  • Approved Dealers shall ensure that no Commercially Sensitive Information is provided or shared with competing OEMs.

OEMs (Original Equipment Manufacturer)

  • In-warranty service, maintenance and repair work by ISPs.

  • OEMs should recognise the right of consumers to seek service and maintenance work for their vehicles during the warranty period, at a service provider of their choice.

  • If damage is caused by an ISP, the OEM concerned should conduct an assessment, at its own cost, to ascertain such damage and liability before voiding the warranty Appointments of motor-body repairers by OEMs.

  • OEMs shall adopt measures to promote the entry of new motor-body repairers, with a preference for HDIs including expanding the number of Approved Motor-body Repairers per geographic area.

  • OEMs shall approve any applicant that meets their standards and specifications.

  • OEMs shall not enter into exclusive arrangements with motor-body repairers in a designated area.

  • OEMs shall not appoint any approved motor-body repairers for a period exceeding five (5) years, and must not continuously renew the appointment Appointment of Dealers by OEMs.

  • OEMs shall establish fair and transparent processes to select approved dealers who met their requirements.

  • OEMs should give preference to HDI applicants who meet their requirements.

  • OEMs shall publish the standards used to assess and select Approved Dealers.

  • OEMs shall formally disclose reasons for rejecting applications dealership.

  • OEMs shall inform rejected applicants should an opportunity for the establishment of a new dealership arise in the same area within 12 months.

  • OEMs shall adopt measures to lower financial barriers to entry in dealerships.

  • OEMs shall not impose onerous obligations on prospective dealers.

  • OEMs shall not require Approved Dealers to make further investments that are not objectively required.

  • OEMs shall approve multiple suppliers for required branding and corporate identity elements of dealerships Preventing anti-competitive information sharing between multi-brand dealerships.

  • OEMs shall implement information barriers and measures to ensure that there is no exchange of commercially sensitive information between them and competing OEMs Fitment and Access to Spare Parts.

  • OEMs should recognise the right of consumers to fit original or non-original spare parts at a service provider of their choice.

  • If there is any damage to vehicle from the fitment of spare parts by an ISP the OEM shall conduct an assessment at its own cost to determine the cause before voiding the warranty.

  • OEMs shall make original spare parts available to ISPs.

  • OEMs shall impose restrictions on ISPs from onselling original spare parts to third parties.

  • OEMs shall allow an ISP access to security-critical components subject to the ISP meeting the OEM’s accreditation requirements and standards.

  • OEMs shall not enter into any agreements with manufacturers or suppliers of spare parts that will restrict the manufacturer’s or supplier’s ability to sell those goods to ISPs or end users.

  • OEMs shall not enter into any agreements with manufacturers of spare parts that will restrain the manufacturer’s ability to place its trademark or logo effectively and in an easily visible manner on the item.

  • OEMs shall not set minimum retail prices for spare parts The Bundled Sale of Value Added Products.

  • OEMs shall recognise and not hinder a consumer’s choice to purchase value added products together with the vehicle or separately from another provider.

  • OEMs shall transfer a maintenance plan and/or a service plan to a replacement vehicle where the vehicle is written off by the insurer Access to information and technical training.

  • OEMs shall make available to ISPs their technical information relating to its vehicles, on reasonable terms and conditions

  • OEMs should provide access to training to employees of ISPs who request training at a reasonable cost.

 

Additional Information

What Is Right To Repair?
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