Aftermarket June 2022

I n the February issue of this most illustrious publication, I wrote about the imminent implementation of cybersecurity in vehicle Type Approval regulations and the potential impact that this could have on the UK aftermarket. However, the automotive world is getting ever more complicated, not just in the way that vehicles are being designed, or the use of data to support diagnostics or repair processes, but also in the way that the vehicle is becoming the basis of its own service-centric functions using vehicle generated data. The traditional ‘we-can-work-on any-car-that-comes- through-the-door’ business model was the basis for competing workshops, with different skill sets, hourly rates and a choice of replacement parts to offer consumers the ability to choose where and how their vehicles were repaired. Unfortunately, this basic business model is increasingly difficult to maintain in the face of the rise in vehicle complexity – and with it, new ways to diagnose, service and repair vehicles. Free competition The principles of free competition allowed the ‘we can work on anything’ to be possible, as legislation has existed since 2002 to ensure that non-discriminatory access to the vehicle, its data, technical information, diagnostic tools – in fact almost everything the aftermarket needed to offer the consumers’ choice was enacted. However, this legislation was workshop-versus-workshop, but now does not address the changes created by the remote access to data that is an integral part of almost all new vehicles. Critically, there are wider legislative requirements that will be needed to support the aftermarket. This is not just the MVBER renewal, but the technical implementing Acts (known as secondary legislation) that need to be created 12 AFTERMARKET JUNE 2022 BUSINESS www.aftermarketonline.net WHATEVER NEXT? Will the principles of free competition be able to withstand the increasing security measures being imposed on the aftermarket? and implemented for the legislation that includes the full repair and maintenance (RMI) for the aftermarket which is contained in (EU) 2018/858. This legislation is used in both the EU and the UK for vehicle Type Approval, but the details of how and what needs to be put in place as secondary legislation for the independent sector’s access to RMI have yet to be discussed – which coming from the basis of the UK government’s approach of ‘not intending to use the EU’s implementing legislation’, is very concerning. Also in the EU, the European Commission has published its long-awaited (generic) legislative proposal on access to data – the EU Data Act – which includes the rights of the product’s owner to access that product’s data. This also includes the principles of data portability and contractual principles for business-to-business data exchange, but although the Commission opened a consultation for automotive sector requirements in March (which runs until June), there is a strong call from the aftermarket to have robust legislation to address fundamental concerns. For example, the vehicle owner may have the right of access to the vehicle (the product) and its data, but how would they access and use that data if no software (applications) have been developed to allow services, such as diagnostics, service, maintenance and repair jobs? This is an increasingly important issue when many new aftermarket services are based on remote access to the vehicle when it is being driven, such as predictive diagnostic and service functions. A key aspect would be to ensure that these service providers can access the details of a vehicle’s data and resources to allow applications to be developed which are then chosen by the vehicle owner, using the data generated by their vehicle (i.e. ensuring that the horse is before the cart). These are no longer just EU legislative developments, but also now happening in North America, Australia and South Africa, the UK has catching up to do. Neil Pattemore