Heavy heavy penalties, recall of new regulations, and division of tire duties... On October 31, the "Defective Automobile Products Recall Management Regulations" (hereinafter referred to as the "Recall Regulations") was adopted by the State Council's executive meeting and announced to the full text of the society, and it was determined that it would start next year. Formally implemented, this also means that this departmental regulation involving the recall of vehicles and the rights of hundreds of thousands of owners across the country has finally risen to administrative regulations.
Among them, the new regulations on unprecedented heavy penalties for corporate violations have received extensive attention and interpretation from the industry and the media. However, what does this new regulation mean for the majority of car owners in reality? What are the core changes? Here's the answer for everyone.
One, Keywords: Returns
When a car fails, the owner often negotiates with the dealers and manufacturers, but in the past many media reports, the result of the negotiation is that it can be repaired, compensated, and changed. It is difficult to return. In July 2008, the streets of Guangzhou staged a farce of an old Buffalo car. The cause of the incident was that the owner of the vehicle bought by Ms. Ma suddenly jumped into a neutral position and turned off the power, causing serious safety problems.
After many negotiations with the distributors failed to reach their goals, Miss Ma specifically hired a buffalo to the door of the 4S shop to pull the car, hoping to arouse the media attention and give pressure. The manufacturer’s statement to the reporter also stated that the company’s personnel have been actively maintaining communication with Ms. Ma. Therefore, the necessary accessories were booked in advance. At the same time, they are willing to provide more reasonable compensation, and suggested that Ms. Ma should repair the vehicle as soon as possible. But unfortunately, Ms. Ma has always insisted on returning the car as the only solution. Actually, no matter if it is an ass or a horse car, it has been playing for so many years. One of the most important reasons is that because of the strength of dealers and manufacturers, no matter how serious the problem is, it can only be repaired at most, and it can be good to change cars. If you say return, it is basically impossible. As the "Three Guarantees" vehicle has not been introduced, this problem cannot be followed, and it has also become one of the reasons why the owners maintain their legitimate rights and interests.
Interpretation one: break the rules can not be returned
Does a recall mean that it can be returned? Many people have such misunderstandings. Actually, in accordance with the explanation of the “Rules for Recalling Defective Automotive Product Management†issued in 2004, which was the earliest for recalling automobiles, recall refers to the process of requesting repairs and replacements by defective automobile product manufacturers (including importers, the same below) in accordance with the procedures required by this regulation. , Recall, etc. The process of eliminating defects that may cause personal injury and property damage in their products. There is no mention of the words returned.
What is the concept of return? Both parties returned the goods to the manufacturers according to the results of the negotiations, and then the consumers took back the goods. Obviously, the recovery referred to in the previous regulations does not have such a meaning. At best, it means that the manufacturer has taken back the defective car, but the details are very vague. The new Article 19 of the "Regulations on Recall" clearly stated for the first time: "In the event of a recall of defective automotive products, producers should promptly adopt measures such as amendments or supplementary marks, repairs, replacements, and returns to eliminate defects." This also means that in the event of a car defect, if maintenance or replacement alone does not solve the problem, consumers will have the right to return the product. Moreover, when the owner of the vehicle is negotiating with the dealer and the manufacturer, this means finally has the support of formal regulations.
Interpretation II: Or prelude to the introduction of the car three bags
The promulgation of the "Regulations on Recall" was preluded by many experts to the introduction of the "Car Three Guarantees" for years of difficult production. In October last year when the General Administration of Quality Supervision, Inspection and Quarantine promulgated the “Responsibility Provisions for the Repair, Replacement, and Return of Household Automobile Products (Draft for Solicitation of Comments)†(ie the “Three Guarantees†for cars), the China Automotive Industry Association (ACA) made a recommendation that car recalls and automobiles be considered. "Three Guarantees" has a qualitative difference. The auto recall resolves the problem that the product design does not meet the basic requirements of technical regulations and there are serious safety defects or hidden dangers. The "three guarantees" for automotive products solves the general quality defects and the quality promises and service issues of the manufacturers. Obviously, the auto recall is the premise of the automobile "three guarantees" service. Therefore, before fully implementing the “Three Guarantees†regulation for automotive products, it is advisable to further improve and implement the recall.
In addition, the association also proposed that, at present, China is still in the initial stage of the automobile society, according to China's national conditions and the actual development of the automotive industry, in the implementation of automotive products, "Three Guarantees," the relevant supporting system is still not perfect, the car "Three Guarantees" Should be implemented step-by-step, first of all strengthen and standardize and improve the "bundling repair", and then gradually explore the implementation of "pay back", "replacement," and wait until the environmental conditions are basically mature and then comprehensively promote the implementation of automotive products "Three Guarantees." The introduction of the "recall regulations" clearly stipulates that the recall includes "replacement" and "return" measures. Therefore, there are no obstacles in the "Three Guarantees" policy for the implementation of "payback" and "replacement," and the next key is to develop the details, such as third-party identification, calculation of compensation costs, etc. .
Second, keywords: tires
Case: New car bursts in two months
In August 2008, Mr. Zhang bought a SUV in Beijing. However, not two months after the new car was opened, Mr. Zhang and his wife drove the new car in a trip. The car's left front tire suddenly exploded without any sign of warning. Another bulge appears on the front tire.
To this end, Mr. Zhang specifically went to 4S stores to make complaints, and 4S stores responded to manufacturers. After a long wait, the manufacturers only gave feedback that the tire problem should belong to the tire supplier. Are consumers driving cars and looking for tire suppliers? Finally, despite the unceasing dissatisfaction with 4S stores and manufacturers, Mr. Zhang finally accepted the 4S shop compensation plan. Similarly, there are many such problems. As the tires are part of the car, consumers tend to look for 4S stores to find auto manufacturers. However, manufacturers often think that it is the problem of tire suppliers. It is not clear that they can only waste consumers' time and money. .
Interpretation: clarify the problem tire responsible party
One of the most famous tire problems was the launch of Kumho Tire's exposure last year, which led to nationwide recalls, involving 15 automakers. Because only the tires were recalled, a number of auto makers and 4S shops shirked responsibility in the recall of tires. As a result, consumers clearly have the right to replace tires, but there is nowhere to find people to solve the phenomenon. The country’s large-scale recall activity is still the case, and the difficulties encountered by individual owners in peacetime can be imagined.
The reason for this is related to the lack of relevant regulations and regulations. In the old recall regulations, there was only one mention of the word tire: “The wearing parts in safety parts of automotive products. The express use period is the recall time limit; the recall period of auto tires is the first 3 years from the date of the owner." There is no clear rule as to who should be responsible for any problems with the tyres. In fact, the original recall regulations did not even mention the responsibility of the supplier.
In the "Regulations on Recall" promulgated this time, it is clearly stipulated that if there are defects in the tires of the truck-mounted equipment at the time of delivery of the automobile products, the manufacturer of the automobile products shall be responsible for the recall; if it is a defective tire, the vehicle is not equipped with the vehicle. It is recalled by the tire manufacturer. In this way, the respective responsibilities borne by the producer car manufacturers and the tire suppliers are clarified, and the phenomenon of unfairness can be eliminated.
Third, keywords: fine
Case: The car recalled China encountered a difference?
Interpretation: It is hopeful that the global recall will be treated differently
If the specific analysis of the reasons, it is not difficult to understand the manufacturer's approach. In the United States, for example, if a manufacturer conceals serious quality defects and the truth, the person in charge may be sentenced to 15 years’ imprisonment and the manufacturer may be fined between 15 million and 100 million U.S. dollars. However, the current autos in China are not only punished lightly, but the related clauses are not carefully recalled and lacks operability, and the deterrent power of the company is insufficient. Simply put, it is the cost of illegal business is too light. This can also be understood as why there are often millions of recalls abroad and it is rare in China. It is also understandable why the same model can be recalled abroad, and China is an exception.
In the “Recall Regulations†of this upgrade, the fines imposed on companies have been greatly improved. According to the most serious situation, “the penalty for the value of defective automotive products is 1% or more and 10% or lessâ€, which can reach thousands of times. Tens of thousands or even hundreds of millions, which greatly increased the deterrent force of the recall. When car manufacturers have problems such as defects in their cars in the future, they must think about what kind of serious consequences they would have to undertake if they were not recalled in accordance with the law, concealing defects or global recalls but treating China in a discriminatory manner is expected to disappear.
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