20 17 automobile maintenance regulations
One paragraph is added to Article 5 as the second paragraph. The content is: "The entrusting party has the right to choose its own maintenance operator for maintenance. In addition to the automobile production enterprises' performance of the recall of defective automobile products and the' three guarantees' of automobile quality, no unit or individual may force or disguise the designated maintenance operators. "
The lawyer explained:
"If I don't maintain it, we won't guarantee it if something goes wrong", which has led many car owners to know that it is more expensive to maintain it in 4S shops. With the introduction of the new regulations, car owners have the right to choose their own maintenance points. Except for the recall of defective automobile products and the' three guarantees' of automobile quality, the 4S shop shall not refuse to give the vehicle warranty on the grounds that it is not repaired in the 4S shop. In this way, even during the warranty period, the owner can choose the maintenance point independently, which reduces the maintenance cost.
2. Paragraph 2 of Article 16 is amended as: "A motor vehicle maintenance operator shall apply to the road transport management institution for handling the motor vehicle maintenance business license after obtaining the corresponding industrial and commercial registration license."
The lawyer explained:
This article is for the purpose of regulating the motor vehicle maintenance market. In addition to obtaining the industrial and commercial registration permit, motor vehicle maintenance units must also go through the business license formalities.
Three, the fourth paragraph of Article 26 is amended as: "Motor vehicle manufacturing enterprises have the obligation to publish their maintenance technical data and working hours quota to the public within six months after the new model is put on the market. The specific requirements shall be implemented in accordance with the regulations of the relevant state departments on the disclosure of automobile maintenance technical information. "
The lawyer explained:
This provision breaks the monopoly of dealers on automobile maintenance technical information. In the future, maintenance units and car owners outside the 4S shop can obtain relevant technical information about car maintenance, and the maintenance price will be more transparent, effectively preventing the maintenance trap of the existing 4S shop and further safeguarding the owner's right to know when maintaining the car.
4. Paragraph 1 of Article 27 is amended as: "Motor vehicle maintenance operators shall use the prescribed settlement bills and deliver the maintenance settlement list to the entrusting party. In the maintenance settlement list, the working hours and material expenses shall be calculated separately. The standard format of the maintenance settlement list is formulated by the Ministry of Transport. "
The lawyer explained:
This means that the maintenance process of motor vehicles is more perfect and transparent, and the owner can understand and verify the items and related expenses of the vehicles through the settlement list. If illegal maintenance or illegal charges are found, the responsibility of the maintenance unit can be investigated according to the settlement list.
Five, the second paragraph of article thirty-first is amended as: "motor vehicle maintenance parts shall implement the traceability system. Motor vehicle maintenance operators should record the purchase and use information of accessories, check the product certificate and other relevant certificates, and save the source certificate of accessories as required. "
One paragraph is added as the third paragraph of Article 31.
The content is: "The client and the maintenance operator can use homogeneous parts to maintain motor vehicles. Homogeneous parts refer to parts with product quality equal to or higher than the standard requirements of loading parts and good loading performance. "
The lawyer explained:
The newly implemented unified coding identification of automobile parts clearly stipulates the principle of unified standard of automobile parts coding, so that automobile parts have their own "identity cards" and car owners can query relevant information according to the coding of automobile parts.
At the same time, "original accessories" are no longer necessary for car owners. Car owners can buy spare parts with the same quality and configuration for replacement, and 4S shops or manufacturers cannot use this as an excuse to shirk their responsibilities. Moreover, most of the "original accessories" are true and false by 4S stores. It is difficult for the owner to distinguish between true and false. After the introduction of the new regulations, car owners can buy their own accessories, or they can check the accessory codes to distinguish between true and false. (Want to know more about auto insurance laws and policies, want to consult auto laws directly, pay attention to WeChat official account "Lawyers for a Better Life for People's Cars" or scan the QR code of the avatar)
Six, Article 34 is amended as: "Motor vehicle maintenance operators shall establish motor vehicle maintenance files and implement electronic file management. Maintenance files should include: maintenance contracts (orders), maintenance items, maintenance personnel, maintenance settlement list, etc. For secondary maintenance, assembly repair and vehicle repair of motor vehicles, the maintenance files shall also include: quality inspection sheets, quality inspectors, completion certificates and factory certificates (copies), etc.
Motor vehicle maintenance operators shall truthfully fill in and timely input the electronic data of motor vehicle maintenance into the relevant national automobile electronic health record system. Motor vehicle manufacturing enterprises or third parties that develop and provide motor vehicle maintenance service management systems shall open corresponding data interfaces to the automobile electronic health record system.
The lawyer explained:
This article standardizes the process of motor vehicle maintenance, and the owner can know all the maintenance conditions and details of the vehicle only by consulting the motor vehicle maintenance files, while the motor vehicle maintenance operator has the obligation to fill in and upload the relevant data information of motor vehicle maintenance truthfully, thus protecting the owner's right to know.
Seven. Article 36 is amended as: "The road transport management institution shall strengthen the quality supervision and management of motor vehicle maintenance and operation, and supervise the maintenance quality of motor vehicle maintenance operators by means of regular inspection and random sampling inspection.
The road transport management institution may entrust a legally qualified motor vehicle maintenance quality supervision and inspection unit to supervise and inspect the quality of motor vehicle maintenance. "
Eight, forty-fifth a new paragraph, as the second paragraph. The content is: "The road transport management institution shall perform its supervisory duties on the maintenance business license legally obtained by the maintenance operator, and regularly check the registration items and licensing conditions of the license. If the contents of the license registration change, it shall be changed in time according to law; Those who do not meet the statutory conditions shall be ordered to make corrections within a time limit. "
Nine. Item (8) of Article 53 is amended as: "Motor vehicle maintenance operators fail to establish electronic maintenance files in accordance with regulations, or fail to upload maintenance electronic data records to the relevant national automobile electronic health record system in time;"
Ten, sixth, forty-seventh in the "Ministry of communications" to "Ministry of transport", all provisions of the "transportation authorities" to "transportation authorities".
Advantages and disadvantages of new automobile maintenance regulations
Good: The new regulations make the industry more open and transparent, forcing 4S stores to improve their service awareness.
This regulation is actually more transparent to dealers and 4S shopping malls. First of all, the price of spare parts will be more open and fair. If the 4S shop charges, the owner will know at the first time that he can choose not to carry out maintenance in the 4S shop at any time, reducing the possibility of consumers being fooled.
In addition, this regulation can stimulate industry competition at the same time, forcing 4S stores to improve their service awareness and retain customers. A few days ago, the Shangyin/Yilan leisure package proposed by Mercedes-Benz is also moving closer to this regulation. Shangyin Leisure Package is a service policy to provide extended warranty for Mercedes-Benz vehicles. During the selected package period, car owners do not have to worry about unexpected maintenance costs.
The lightweight version of Mercedes-Benz Yilan Leisure Suit can be purchased and used by car owners who are over 3 years old and have a mileage of less than 500,000 kilometers. Car owners less than 3 years old can purchase the lightweight version of Elantra Leisure Suit in advance, which mainly includes three basic maintenance combinations: 1A+ 1B, 2A+2B and 3A+3B. Different package combinations and models will depend on the price of the Star Emblem Maintenance Menu.
It is conceivable that Mercedes-Benz can effectively retain a large number of customers by virtue of the two packages of extended warranty and discount after extended warranty.
Worried: Is the regulatory system perfect? The industry level is uneven.
However, in view of such regulations, it is not without worries. Article 9 of the new Consumer Law stipulates that consumers have the right to choose their own goods or services. Operators have the right to choose their own goods or services, and decide whether to buy or not to buy any goods or accept or not to accept any services. Consumers have the right to compare, identify and choose their own goods or services.
Three-guarantee regulations for automobiles: "Operators may not bear the three-guarantee responsibilities stipulated in these regulations if consumers fail to use, maintain and repair the products correctly according to the requirements of the user manual during the warranty period and three-guarantee period of household automobile products." As a result, some manufacturers stipulate in the on-board documents such as warranty and maintenance manuals: "Consumers must repair in the 4S shop authorized by the manufacturer, otherwise the operator will not bear the responsibility of three guarantees." However, the General Administration of Quality Supervision, Inspection and Quarantine specially added, "Domestic automobile products are not repaired in the 4S shop authorized by the manufacturer. As long as there is no causal relationship between quality problems and maintenance, or maintenance in other 4S shops does not cause damage, the operators cannot be exempted from the three guarantees responsibility. "
These two regulations can be said to clearly show that consumers have the right to choose their own goods and services, but in recent years, it is still a hidden rule for 4S stores to force car owners to maintain in the store. The reason is, in the final analysis, insufficient enforcement and lack of supervision system. In view of the new regulations, similarly, without a strong implementation and supervision system, the policy is likely to become a dead letter.
In addition, some experts in the industry believe that the new regulations mean that the liability risk of 4S stores is greater. "Customers can go to maintenance chain stores or street shops for maintenance. The maintenance equipment and level of these stores are uneven, and the entry conditions are low. The cars are all repaired, and the understanding of the specific model circuit is not as good as that of the brand 4S shop. If there are quality problems in the future, the responsibilities and risks undertaken by 4S stores will increase. Not only that, the daily maintenance of 4S stores will also be reduced, and the income will also be reduced. " There is something wrong with the vehicle. The first thing that customers think of is the responsibility of 4S stores. When 4S shop staff solve a problem, they need a lot of time and manpower to solve and prove it. In order to maintain the brand image, no matter which side of the problem, we will try our best to help customers solve the problem. In short, the income will be reduced, but the debt risk will be greater.