The Consumer Rights Act has come in for yet more criticism after automotive experts said car dealers are being held responsible for vehicle faults they do not have the means to fix.
Over recent months, there has been a growing level of discontent among dealers at the way the legislation works within the motor trade.
Retailers recently told Car Dealer, the act was the one piece of legislation they would most want to change, amid growing calls for a more tailored approach.
Now, Warranty Solutions Group (WSG) has joined calls for a wider debate over whether the legislation is fit for purpose.
The firm says that under the current system, the responsibility for fixing a fault is not being placed with the party that has the best technical knowledge or control.
Experts say that the law does not account for the fact that modern vehicles increasingly rely on software, electronic control systems, sensors, connectivity and advanced driver assistance systems, meaning diagnosing a fault is no longer a straightforward case of identifying and replacing a component.
WSG chief executive John Colinswood said: ‘A dealer can be responsible for resolving a customer’s problem while relying on somebody else for the software, technical information, training or manufacturer support needed to fix it.
‘If the retailer doesn’t control the technology required to resolve a fault, we need to ask whether it is reasonable for all of the exposure to sit with the dealer.’
The issue was discussed during two Consumer Rights Act webinars hosted by WSG.
Among those to take place was the Institute of the Motor Industry (IMI) which says that the responsibility for fixing a fault should not necessarily be left to the dealer.
Professor Jim Saker, president of the IMI, said: ‘Fundamentally, responsibility should follow control.
‘If a fault originates within manufacturer software, or if a software update is required before a fault can be resolved, where does responsibility actually sit? Is that the responsibility of the retailer? Or should responsibility sit with the manufacturer that controls the software?’
‘Some manufacturers invest heavily in technical training, academy programmes and ongoing support.
‘Others are still developing that capability. If dealerships haven’t received the necessary training or technical information, they are placed in an extremely difficult position.’
Dealers want ‘lemon law’ as government defends legislation
Used car dealers have long argued that the Consumer Rights Act is too blunt an instrument for the second-hand car market, as it treats vehicles of vastly different ages and conditions in much the same way.
Culloden Cars boss Craig Walker said the act treats a 13-year-old car in the same way as a three-year-old vehicle, despite the products being ‘completely different’.
He was among a number of dealers who want to see the introduction of a US-style ‘lemon law’ which splits cover by mileage and is explicit in which parts are included.
In response, the Department for Business and Trade, which is responsible for the Consumer Rights Act, told Car Dealer that the legislation was working.
A spokesman said last month: ‘Our consumer rights legislation helps people buy with confidence, while providing clear protections when things go wrong.
‘We are always working with business to hear how regulations operate in practice while also supporting them through our Small Business Plan.’