The automobile recall regulations will be upgraded from departmental regulations to regulations, and the three-carturgy regulations that brewing for seven years will be announced. The two good news coming in at the beginning of this month will make domestic automobile sales protection more perfect. It is reported that the new defective vehicle recall management regulations will make the recall of automobiles possible, while the penalties for car manufacturers will be upgraded ten times.
With the surging sales of car ownership in China and the recent surge in new car sales, the lag behind after-sales service has led many car owners to lose their rights. In this way, this newspaper launched the “Cars 3·15†section, soliciting problems in the use of automobiles and helping consumers to safeguard their rights.
The New Deal has issued a law on the recall of vehicles that will be escalated by 10 times. The reporter learned that the current "Regulations on the Recall of Defective Automobile Products" is a class under the AQSIQ's departmental regulations. The upgraded new regulations are expected to become the national administrative laws and regulations, so that there are laws for car recalls.
In the "old rules", the manufacturer intentionally concealed the seriousness of the defect; tried to use the defective automotive product of this regulation to voluntarily recall the program and evade the supervision of the competent department; due to the manufacturer's fault, the recall defective product did not reach the intended purpose, resulting in The damage occurred again. In one of the above situations, the competent authority may order the manufacturer to recall it again, report the criticism, and impose a fine of more than 10,000 yuan but less than 30,000 yuan by the quality supervision inspection and quarantine department. This punishment has always been considered "too light."
In the new Regulations on the Supervision and Recall of Automobile Products (Draft for Solicitation of Comments), “If a producer violates the regulations and constitutes an illegal act as stipulated by product quality laws and regulations, if it has not been corrected within the time limit, a fine of 200,000 yuan up to 500,000 yuan may be imposed. The production company refuses to bear the responsibility and will be subject to a fine of three times the value of the goods; the licence licenses for revocation will be severely revoked, and the certification certificates will be revoked; if a crime is constituted, criminal responsibility shall be pursued according to law." This penalty is heavier than the old regulations. More than 10 times.
The Toyota Pedal Door Recalling New Recall Regulations introduced the Toyota pedal door disturbance two years ago, allowing the auto industry to focus on the recall of cars. The current “Management of Defective Vehicle Recall Regulations†has been implemented for more than seven years, but it seems to be weak at the time. Toyota’s response The difference between Chinese and American consumers has also led to great dissatisfaction among Chinese consumers.
In the pedal door, at that time, according to the “compensation method†of “defects and violation compensation†in Chapter 49 of Title 49 of the United States Code, if a motor vehicle or an accessory had a defect, the compensation options available to the manufacturer included: Repairing motor vehicles, replacement of equivalent motor vehicles, deduction of reasonable depreciation, etc.
In addition, the “manufacturer’s compensation plan†clause stipulates that the motor vehicle manufacturer shall compensate the buyer for costs incurred during repair, replacement, and return of the vehicle. In the United States, Toyota not only compensated consumers, but also accepted US Government’s heavy fine of 16 million U.S. dollars.
At the same time, Chinese consumers can only replace parts for free, and there are no other compensation measures. Since then, under the efforts of Chinese consumers, the media, and some local government departments, FAW Toyota has made seven compensation measures, but did not mention economic compensation.
Experts have pointed out that the recall requirement should be "recalled"
The current “Management Regulations for Defective Automobile Recall†was published by the General Administration of Quality Supervision, Inspection and Development, the Ministry of Commerce, and the General Administration of Customs on March 12, 2004, and will be implemented on October 1, 2004.
In fact, as early as in 2009, Jia Xinguang, an expert in the automotive industry, pointed out that the current “Regulations on the Management of Defective Automobile Products Recall†is a regulation with flaws and should be “recalled.†"The "Regulations" lack effective supervision, lower penalties, and inadequate protection for consumers." Jia Xinguang said that the "Regulations" belong to departmental legislation, and departmental legislation is subject to state restrictions and cannot exceed the maximum. Permissions.
Therefore, in accordance with the "Regulations", "The manufacturer does not bear the corresponding obligations, the quality supervision, inspection and quarantine department shall order it to correct and give a warning"; "The manufacturer intentionally concealed the seriousness of the defect; Trying to use the defective automotive products of this regulation Active recall procedures to evade supervision by the competent authority; if the recalled defective product fails to achieve the intended purpose and cause recurrence of damage due to the manufacturer’s fault, the competent authority may order the manufacturer to recall it again, report the criticism, and have the quality supervision inspection and quarantine department Fines of 10,000 yuan up to 30,000 yuan."
The above punishments are simply "drizzle" for rich and powerful car manufacturers.
Increase the penalties by up to a maximum of one million yuan. Interpretation The reporter learned from the "Regulations on the Supervision of the Recall of Automobile Products (Draft for Solicitation of Comments)" that the new regulations have increased penalties for automakers. The maximum amount of fines is up to 1 million yuan.
The provisions stipulate that producers who cooperate with investigations and do not cooperate with defect investigations constitute illegal activities as stipulated by product quality laws and regulations. They shall investigate relevant responsibilities in accordance with relevant laws and regulations; if they do not constitute unlawful acts as stipulated by product quality laws and regulations, they shall be warned and ordered. The deadline for correction is; if it has not been corrected within the time limit, it will be fined not less than 500,000 yuan but not more than 1 million yuan; if there is illegal income, the illegal income shall be confiscated.
In addition, if a producer fails to submit a recall implementation report to the competent authority, or fails to provide a recall progress report or a recall summary report in accordance with the requirements of this Regulation, it shall constitute an illegal act as stipulated in the product quality laws and regulations, and shall investigate related responsibilities in accordance with relevant laws and regulations; If it constitutes an illegal act as stipulated by product quality laws and regulations, it shall be warned and ordered to make correction within a time limit; if it is not corrected within the time limit, it shall be fined not less than 500,000 yuan but not more than 1 million yuan; if there is illegal income, the illegal income shall be confiscated.
In addition to intensifying penalties or investigating criminal liability, the new regulations will also criminalize the penalty. In any column of defamation duties, staff members of the competent department, relevant departments of the State Council, and local administrative agencies who abuse their power, neglect their duties, engage in malpractices for personal gains, and constitute a crime shall be investigated for criminal responsibility in accordance with the law; if they do not constitute a crime, they shall be given administrative sanctions. In addition, any violation of this Regulation that constitutes a crime shall be investigated for criminal responsibility according to law.
The New Regulations on the Extension of Extensive Vehicles to Important Components clearly states: “The automotive products referred to in these Regulations refer to automobiles, trains and trailers that are driven or drawn by power units in accordance with national standards and are used to drive on roads. Tires, chassis, child safety seats and other important parts involved in safety.†In the old regulations, only the definition of automotive products was defined.
It can be seen that the scope of recall management of automotive products will extend from vehicles to important components. Industry experts once pointed out that the characteristics of the current automobile industry determine that many vehicle recalls are actually caused by the quality of a batch of parts and components. Therefore, the expansion of the scope of recall management is of great significance for strengthening the recall management of automotive products.
No longer delay the synchronous recall of imported cars and overseas In recent years, the sales of imported cars have become increasingly popular in China, and this year may exceed the annual sales of millions of vehicles. The growing problem of owners of import car owners has also led to a delay in the recall of imported vehicles.
Therefore, the new regulations stipulate that “agents of importers of automotive products or agents of overseas producers within the territory should synchronize the recall information of overseas producers with the competent authoritiesâ€, and it is expected that the recall of domestic imported cars and overseas will be synchronized. The Chinese market is not The second is the "immunity zone" of the recall.
Failure to comply with the recall may result in the revocation of licenses. In the new regulations, the responsibilities of auto operators have also been significantly increased. Reports and investigations should be reported.
The regulations stipulate that: “If sellers, renters, repairers, and other related operators fail to stop the sale, use, or lease of defective automotive products or refuse to cooperate with defect investigations in accordance with the provisions of these Regulations, they constitute unlawful acts as stipulated by product quality laws and regulations. Investigate related responsibilities in accordance with relevant laws and regulations; give warnings if they do not constitute illegal acts as stipulated by product quality laws and regulations, and order them to make corrections within a time limit; impose fines of more than 50,000 yuan but less than 500,000 yuan if they do not correct within the time limit; if they have illegal gains, Confiscation of illegal income; if the circumstances are serious, the license shall be revoked."
In the old case, violations of the relevant regulations were punished by a fine of not less than 1,000 yuan but not more than 5,000 yuan.
What's wrong with your car? Are 4S shops and car manufacturers evading responsibility? Is there any quality problem with the vehicle?
The annual 3.15 Consumer Rights Protection Day is approaching. This newspaper has launched the “Automobile 3·15†section of the auto consumption rights protection column and has tried its best to help consumers solve the problems encountered in the use of automobiles.
With the domestic car ownership exceeding the 100 million mark, the inability to keep up with the automotive after-sales service has become the focus of attention of consumers and the media.
Last year, the newspaper successively reported on a series of consumer rights violations such as the "Mistake of second-hand accidental car consumers lost 170,000," to help consumers resolve disputes during the use of vehicles.
Although there is only one “3·15†in a year, this section will run throughout the year. If consumers find quality problems in the process of using the car, 4S stores and car manufacturers are evading the solution, or are not satisfied with the solution, they can send complaint materials to fawanqiche@sina.com and leave contact information. The reporters will take the initiative to contact you and try their best to help you solve the problem.
With the surging sales of car ownership in China and the recent surge in new car sales, the lag behind after-sales service has led many car owners to lose their rights. In this way, this newspaper launched the “Cars 3·15†section, soliciting problems in the use of automobiles and helping consumers to safeguard their rights.
The New Deal has issued a law on the recall of vehicles that will be escalated by 10 times. The reporter learned that the current "Regulations on the Recall of Defective Automobile Products" is a class under the AQSIQ's departmental regulations. The upgraded new regulations are expected to become the national administrative laws and regulations, so that there are laws for car recalls.
In the "old rules", the manufacturer intentionally concealed the seriousness of the defect; tried to use the defective automotive product of this regulation to voluntarily recall the program and evade the supervision of the competent department; due to the manufacturer's fault, the recall defective product did not reach the intended purpose, resulting in The damage occurred again. In one of the above situations, the competent authority may order the manufacturer to recall it again, report the criticism, and impose a fine of more than 10,000 yuan but less than 30,000 yuan by the quality supervision inspection and quarantine department. This punishment has always been considered "too light."
In the new Regulations on the Supervision and Recall of Automobile Products (Draft for Solicitation of Comments), “If a producer violates the regulations and constitutes an illegal act as stipulated by product quality laws and regulations, if it has not been corrected within the time limit, a fine of 200,000 yuan up to 500,000 yuan may be imposed. The production company refuses to bear the responsibility and will be subject to a fine of three times the value of the goods; the licence licenses for revocation will be severely revoked, and the certification certificates will be revoked; if a crime is constituted, criminal responsibility shall be pursued according to law." This penalty is heavier than the old regulations. More than 10 times.
The Toyota Pedal Door Recalling New Recall Regulations introduced the Toyota pedal door disturbance two years ago, allowing the auto industry to focus on the recall of cars. The current “Management of Defective Vehicle Recall Regulations†has been implemented for more than seven years, but it seems to be weak at the time. Toyota’s response The difference between Chinese and American consumers has also led to great dissatisfaction among Chinese consumers.
In the pedal door, at that time, according to the “compensation method†of “defects and violation compensation†in Chapter 49 of Title 49 of the United States Code, if a motor vehicle or an accessory had a defect, the compensation options available to the manufacturer included: Repairing motor vehicles, replacement of equivalent motor vehicles, deduction of reasonable depreciation, etc.
In addition, the “manufacturer’s compensation plan†clause stipulates that the motor vehicle manufacturer shall compensate the buyer for costs incurred during repair, replacement, and return of the vehicle. In the United States, Toyota not only compensated consumers, but also accepted US Government’s heavy fine of 16 million U.S. dollars.
At the same time, Chinese consumers can only replace parts for free, and there are no other compensation measures. Since then, under the efforts of Chinese consumers, the media, and some local government departments, FAW Toyota has made seven compensation measures, but did not mention economic compensation.
Experts have pointed out that the recall requirement should be "recalled"
The current “Management Regulations for Defective Automobile Recall†was published by the General Administration of Quality Supervision, Inspection and Development, the Ministry of Commerce, and the General Administration of Customs on March 12, 2004, and will be implemented on October 1, 2004.
In fact, as early as in 2009, Jia Xinguang, an expert in the automotive industry, pointed out that the current “Regulations on the Management of Defective Automobile Products Recall†is a regulation with flaws and should be “recalled.†"The "Regulations" lack effective supervision, lower penalties, and inadequate protection for consumers." Jia Xinguang said that the "Regulations" belong to departmental legislation, and departmental legislation is subject to state restrictions and cannot exceed the maximum. Permissions.
Therefore, in accordance with the "Regulations", "The manufacturer does not bear the corresponding obligations, the quality supervision, inspection and quarantine department shall order it to correct and give a warning"; "The manufacturer intentionally concealed the seriousness of the defect; Trying to use the defective automotive products of this regulation Active recall procedures to evade supervision by the competent authority; if the recalled defective product fails to achieve the intended purpose and cause recurrence of damage due to the manufacturer’s fault, the competent authority may order the manufacturer to recall it again, report the criticism, and have the quality supervision inspection and quarantine department Fines of 10,000 yuan up to 30,000 yuan."
The above punishments are simply "drizzle" for rich and powerful car manufacturers.
Increase the penalties by up to a maximum of one million yuan. Interpretation The reporter learned from the "Regulations on the Supervision of the Recall of Automobile Products (Draft for Solicitation of Comments)" that the new regulations have increased penalties for automakers. The maximum amount of fines is up to 1 million yuan.
The provisions stipulate that producers who cooperate with investigations and do not cooperate with defect investigations constitute illegal activities as stipulated by product quality laws and regulations. They shall investigate relevant responsibilities in accordance with relevant laws and regulations; if they do not constitute unlawful acts as stipulated by product quality laws and regulations, they shall be warned and ordered. The deadline for correction is; if it has not been corrected within the time limit, it will be fined not less than 500,000 yuan but not more than 1 million yuan; if there is illegal income, the illegal income shall be confiscated.
In addition, if a producer fails to submit a recall implementation report to the competent authority, or fails to provide a recall progress report or a recall summary report in accordance with the requirements of this Regulation, it shall constitute an illegal act as stipulated in the product quality laws and regulations, and shall investigate related responsibilities in accordance with relevant laws and regulations; If it constitutes an illegal act as stipulated by product quality laws and regulations, it shall be warned and ordered to make correction within a time limit; if it is not corrected within the time limit, it shall be fined not less than 500,000 yuan but not more than 1 million yuan; if there is illegal income, the illegal income shall be confiscated.
In addition to intensifying penalties or investigating criminal liability, the new regulations will also criminalize the penalty. In any column of defamation duties, staff members of the competent department, relevant departments of the State Council, and local administrative agencies who abuse their power, neglect their duties, engage in malpractices for personal gains, and constitute a crime shall be investigated for criminal responsibility in accordance with the law; if they do not constitute a crime, they shall be given administrative sanctions. In addition, any violation of this Regulation that constitutes a crime shall be investigated for criminal responsibility according to law.
The New Regulations on the Extension of Extensive Vehicles to Important Components clearly states: “The automotive products referred to in these Regulations refer to automobiles, trains and trailers that are driven or drawn by power units in accordance with national standards and are used to drive on roads. Tires, chassis, child safety seats and other important parts involved in safety.†In the old regulations, only the definition of automotive products was defined.
It can be seen that the scope of recall management of automotive products will extend from vehicles to important components. Industry experts once pointed out that the characteristics of the current automobile industry determine that many vehicle recalls are actually caused by the quality of a batch of parts and components. Therefore, the expansion of the scope of recall management is of great significance for strengthening the recall management of automotive products.
No longer delay the synchronous recall of imported cars and overseas In recent years, the sales of imported cars have become increasingly popular in China, and this year may exceed the annual sales of millions of vehicles. The growing problem of owners of import car owners has also led to a delay in the recall of imported vehicles.
Therefore, the new regulations stipulate that “agents of importers of automotive products or agents of overseas producers within the territory should synchronize the recall information of overseas producers with the competent authoritiesâ€, and it is expected that the recall of domestic imported cars and overseas will be synchronized. The Chinese market is not The second is the "immunity zone" of the recall.
Failure to comply with the recall may result in the revocation of licenses. In the new regulations, the responsibilities of auto operators have also been significantly increased. Reports and investigations should be reported.
The regulations stipulate that: “If sellers, renters, repairers, and other related operators fail to stop the sale, use, or lease of defective automotive products or refuse to cooperate with defect investigations in accordance with the provisions of these Regulations, they constitute unlawful acts as stipulated by product quality laws and regulations. Investigate related responsibilities in accordance with relevant laws and regulations; give warnings if they do not constitute illegal acts as stipulated by product quality laws and regulations, and order them to make corrections within a time limit; impose fines of more than 50,000 yuan but less than 500,000 yuan if they do not correct within the time limit; if they have illegal gains, Confiscation of illegal income; if the circumstances are serious, the license shall be revoked."
In the old case, violations of the relevant regulations were punished by a fine of not less than 1,000 yuan but not more than 5,000 yuan.
What's wrong with your car? Are 4S shops and car manufacturers evading responsibility? Is there any quality problem with the vehicle?
The annual 3.15 Consumer Rights Protection Day is approaching. This newspaper has launched the “Automobile 3·15†section of the auto consumption rights protection column and has tried its best to help consumers solve the problems encountered in the use of automobiles.
With the domestic car ownership exceeding the 100 million mark, the inability to keep up with the automotive after-sales service has become the focus of attention of consumers and the media.
Last year, the newspaper successively reported on a series of consumer rights violations such as the "Mistake of second-hand accidental car consumers lost 170,000," to help consumers resolve disputes during the use of vehicles.
Although there is only one “3·15†in a year, this section will run throughout the year. If consumers find quality problems in the process of using the car, 4S stores and car manufacturers are evading the solution, or are not satisfied with the solution, they can send complaint materials to fawanqiche@sina.com and leave contact information. The reporters will take the initiative to contact you and try their best to help you solve the problem.
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