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The Independent Automotive Aftermarket Federation

UK AFCAR seeks evidence of legislation infringements from garages

Date: Friday 10 June 2022

IAAF, through its work with UK AFCAR, is seeking evidence from independent garages on infringements around Motor Vehicle Block Exemption Regulations (MVBER) and the repair and maintenance (RMI) requirements in the vehicle type approval regulation. Specifically, the Federation is looking for evidence of restrictions on aftermarket businesses to access/use vehicle manufacturer’s repair and maintenance information/tools.

In the first conference session speech since the formation of UK AFCAR, Mark Field and UK AFCAR Technical Director, Neil Pattemore, discussed the wide-ranging legislation affecting the independent aftermarket and looked at what needs to be done to ensure the rights and freedoms afforded to us all are both updated and upheld.

From MOT proposals to the expiry of Motor Vehicle Block Exemption Regulations (MVBER) and from vehicle cybersecurity type approval to access to data, the session highlighted just how much legislation governs the UK aftermarket and the businesses within it.

Mark Field, IAAF Chief Executive, said:

“We receive regular updates from garages on the difficulties the entire supply chain faces on the mis-interpretation of legislation and subsequent infringements. As a matter of urgency, we’re looking to make this data collection as easy as possible as we intensify our efforts with UK legislators.”

IAAF has met with the Competition and Markets Authority (CMA) over Motor Vehicle Block Exemption Regulation (MVBER), which is currently set to expire on 31 May 2023.

The CMA’s review will assess whether the retained MVBER meets its intended purpose and takes account of specific features of the UK economy serving the interests of UK businesses and consumers, as well as considering the impact of recent developments in technology and industry business models. The CMA’s review will also include assessing the European Commission guidelines that accompany the existing MVBER, namely the supplementary guidelines on vertical restraints in agreements for the sale and repair of motor vehicles and for the distribution of spare parts for motor vehicles (Supplementary Guidelines).

In May 2021, the European Commission finalised its evaluation phase and concluded that the MVBER remained useful and relevant for stakeholders, but that its effectiveness and coherence could be improved. The CMA will draw on this evidence from the European Commission’s evaluation, to the extent that it is relevant to the UK.