Two major rights protection laws will escort car safety

"When the car was just bought back, there were many problems. There was no way to return the car."

"Is the quality problem of the car? Who to identify and who can give me clear questions."

"The newly purchased car was just put up from the 4S shop and it stalled in the middle of the street. It made a change of car and was rejected directly by the dealer."

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How do you change the status of the disadvantaged? How to better protect the rights of consumers? The long-term challenges faced by these consumers still plague this car consumption. Faced with the advantages of manufacturers in technology and information, consumers seem to have no alternative. According to the "Analysis of Complaints Handled by the National Consumers Association in 2011" report, of the 10056 vehicle complaints, only 25 were successful.

However, this situation may no longer exist in the future. At the beginning of this year, AQSIQ re-issued opinions on the “Three Guarantees” of automobiles to further rationalize the rights and interests of consumers and car companies. At the same time, the Legal Affairs Office of the State Council has also publicly solicited the “Regulations on the Recall of Defective Automobile Products”. The opinion, which means that the regulations for the recall of automobiles have risen from the departmental regulations to the regulations of the State Council, clearly clarifying the legislative purpose, positioning, responsibilities and procedures of the parties involved in the recall of defective vehicles.

“Three Guarantees” is expected to be introduced during the year. On January 16 this year, the AQSIQ issued the “Responsibility Regulations for the Repair, Replacement, and Return of Household Automobile Products (Second Consultation Draft)” (hereinafter referred to as the “Second Solicitation Draft”). Publicly soliciting opinions, they again sought public opinions on the issue of automobile Three Guarantees. This was a public hearing after the Three Guarantees policy hearing was held. This has also been interpreted by the outside world as saying that the time for the automobile to leave the Taiwan market has not been far away and is expected to be introduced within this year.

It is understood that in September last year, after a lapse of 7 years, the automobile Three Guarantees Policy was once again proposed by the General Administration of Quality Supervision, Inspection and Quarantine, and a draft for public comment was released, allowing the outside world to see the dawn of the realization of the automobile Three Guarantees. However, the draft was reopened at the time, causing a lot of controversy from the outside world, some of the views that China's auto consumption environment is immature, the implementation of the Three Guarantees policy does more harm than good. However, doubts have not hindered the launch of the automobile Three Guarantees. In October last year, under the auspices of the General Administration of Quality Supervision, Inspection and Quarantine, an auto three packs hearing was held to listen to opinions from consumers, car manufacturers and sellers. The contents of the manuscript are discussed.

From the content point of view, the "Second Solicitation Draft" absorbs the voice of various circles and enhances the protection of consumer rights and interests. The 40,000 kilometers of the first vehicle's three-pack validity period of 2 years or 40,000 kilometers had been revised to 50,000 kilometers; the 30-day package return was revised to be within 60 days or within a driving distance of 3,000 kilometers. ” That is 30 days extended to 60 days. Moreover, in terms of how to set up third-party testing agencies, the “Second Solicitation Draft” also added that the AQSIQ may organize the establishment of an expert library for the dispute resolution of domestic automotive products. After the parties to the dispute agree, quality and technical supervision departments at all levels Relevant agencies can choose experts to participate in mediation work and clarify the responsibilities of AQSIQ to handle disputes.

Luo Lei, deputy secretary-general of the China Automobile Dealers Association, said in an interview that from the State Administration of Quality Supervision, Inspection and Quarantine (AQSIQ)'s release of the draft for consultations, we can see the attitude of the government departments and consumers’ expectations for the auto three pack policy. After two rounds of soliciting comments, the "Second Solicitation Draft" appears to be more practical. In other words, there are operational difficulties in the first draft, which has been circumvented or resolved in the second draft. Therefore, from the perspective of the Second Solicitation Draft, the possibility of introduction is relatively large.

Relevant measures should be in line with international standards Although the auto three packs have been soliciting opinions for two times, the outside world has been waiting for their expectations. However, has the auto three pack policy been improved? During the two sessions, Li Dakai, deputy to the National People's Congress, chairman of the Fast Group, and party secretary, submitted a motion on the proposal to categorize and formulate the minimum “Three Guarantees” provisions for major categories of automobiles and key assembly products, calling for an acceleration of the automobile three-package policy. Introduced, its standards should be in line with international standards.

Li Dakai stated that with the acceleration of the pace of China’s automobile development in the world, it is recommended that when formulating laws and regulations concerning automotive products, domestic considerations should be fully taken into account in order to prevent multinational companies from implementing double standards in China to ensure that domestic and foreign consumers enjoy the same level of quality. rights and interests. It is reported that Volkswagen implements the Three Guarantees Standard in the United States for two years and unlimited mileage, but in China it is two years and 100,000 kilometers; Toyota in the United States is three years of 100,000 kilometers, and in China it is two years and 100,000 kilometers; ZF is abroad. It is 300,000 kilometers in three years and it is 100,000 kilometers in China in one year.

At present, in the fierce market competition, some car companies have begun to use the "three guarantees" to promote marketing, alone to launch the same conditions as the Three Guarantees policy.

It is reported that Beijing Auto has taken the lead in launching the Beiqi version of the "Three Guarantees" policy at the time of the listing of its own brand E Series. The core content is basically the same as the "Second Solicitation Draft": the three-pack warranty period is two years or 50,000 kilometers (on a first-come-first-served basis). Prevail), the scope of the Three Guarantees includes the serious safety performance failure of the vehicle and the quality of the main components of the powertrain. If there is a problem with the main components of the engine, transmission, etc., as long as they are within 60 days or less than 3000 kilometers (whichever comes first), consumers can choose to ask the manufacturer to replace it free of charge.

"Recall" escalation is intended to strengthen safety When the "Second Solicitation Draft" of the automobile "Three Guarantees" policy came out, the recall policy of automobiles also ushered in major changes. On February 3, the Legal Affairs Office of the State Council issued the "Regulations on the Recall of Defective Automobile Products" (hereinafter referred to as the "opinion") and publicly solicited opinions. This also means that the "specifications" of the relevant regulations for automobile recalls have been raised from the previous departments. Regulations were promoted to the State Council regulations, and the mandatory recall of cars was also strengthened.

Statistics show that last year, China's car companies implemented a total of 82 vehicle recalls, and the total number of vehicles recalled exceeded 1.8 million for the first time, the highest in years. Car recalls are also getting more and more attention from consumers. The published "Reviews" was drafted on the basis of summarizing the implementation experience of the current "Regulations on the Recall of Defective Automotive Products".

According to the "Regulations," it is clarified that once an automaker has learned that a vehicle product may be defective, it should immediately organize an investigation and analysis, and report it to the quality inspection department of the State Council within 10 working days from the date of completion of the investigation and analysis; the manufacturer confirms the existence of automotive products. In case of defects, the production, sale, and import of defective automobile products shall be immediately stopped and the recalls shall be implemented. Where the quality inspection department of the State Council learns that there may be defects in the automobile products, it shall promptly notify the producer to carry out the investigation and analysis. When necessary, the quality inspection department of the State Council shall carry out defect investigations, and may take the place of production and business operators entering the producers and operators to conduct on-site investigations, inspect and copy relevant materials and records, and investigate the possible defects of the automotive products to the relevant units and individuals. Measures.

In addition, in order to ensure traceability of vehicles, the Opinions stipulates that producers should establish and maintain records of owners' information relating to the initial sale of automotive products and automotive products for a period of not less than 10 years to ensure that they can be identified and recorded. Recall range of automotive products.

The analysis pointed out that the “upgrade” of the Automobile Recall Regulations will increase the monitoring of quality by car companies, and its penalties will prompt car companies to effectively implement recall policies in the face of vehicles that may have potential safety hazards.

The relevant person in charge of the AQSIQ also stated that last year AQSIQ increased its supervision of car recalls, and many auto companies also realized that the recall was not of inferior quality but a responsible performance that was completed this year. In the recall of vehicles, the recall completion rate has reached more than 90%.

■ The case began with the “Transfer” case opening the door to human rights rights In February of this year, the Yixing Court in Jiangsu Province issued a penalty that caused the nation’s attention and asked the dealer to give the customer the opportunity to replace the frequent failure vehicle.

According to reports, the owner of the plaintiff, Mr. Chen, bought a brand B-class car in 2009. However, there were two starts in the winter when the vehicle was turned off and the dealers performed a simple troubleshooting process. In March last year, the car went off for no reason during the driving process. After careful investigation, it found that there was a problem with the gearbox. In August last year, the gearbox assembly was replaced.

However, the problem has not been truly resolved. In October last year, at a high speed, the car suddenly lost power after deceleration, and all the gear indicators in the vehicle were simultaneously beating and unable to control the speed. After another overhaul, the problem is still due to a gearbox failure.

Subsequently, the owner of the vehicle complained to the Consumer Protection Branch of the Industrial and Commercial Bureau of Yixing City. After mediation, the seller was willing to replace the gearbox for the owner. However, on the day of delivery, during the process of driving the vehicle, the previous failure occurred again and the gearbox needs to be replaced. On November 13 last year, the dealer completed a new gearbox replacement.

However, the owner of the vehicle believes that the new car has changed three gearboxes for two years and there are major safety and quality problems. The replacement of the vehicle is proposed, but it has been rejected by manufacturers and distributors. In desperation, the owner filed a lawsuit to the court.

After the court has heard the case, it is determined that if the quality fails to comply with the agreement, it shall bear the liability for breach of contract in accordance with the terms of the parties concerned. If the liability for breach of contract is not stipulated or the agreement is unclear and cannot be determined according to law, the injured party may reasonably choose to require the other party to bear the liability for breach of contract such as repair, replacement, redo, return, price reduction or remuneration. The liability for breach of contract by the defendant's dealer for repairs (replacement of parts) could no longer meet the plaintiff's normal driving and life-friendly purchase. Therefore, the owner’s request for a replacement vehicle is reasonable and should be supported.

remind:

1: When a new car is delivered, consumers must conduct a comprehensive inspection of the new car, including strict inspection of the interior, body, and engine components. If no problem is found, re-signature confirmation is required.

2: In the process of receiving a new car, if abnormal problems such as abnormal sound or jitter are found, contact the after-sales service unit in time and pay attention to the preservation of relevant information, data, and other information.

3: If there are two or more of the same problems, consumers should pay attention to the complaints reported to the dealer complaint detection, require the dealer to conduct a comprehensive troubleshooting, confirm the final problem, give warranty or replacement.

4: If the dealer can not handle the problem, you can go to the local consumer association to make a complaint to get a solution.

5: Consumers can bring lawsuits to courts to protect their legal rights if they are not successful.