Understanding your right to repair

With road freight transport seeing 48% growth over the last decade, and heavy goods vehicles now making up 34% of all traffic on the country’s N3 highway, the maintenance and repair of fleets is a high priority. How does the Right to Repair campaign affect truckers?

Right to Repair South Africa (R2RSA) was formed specifically to help advance fair competition and protect consumer interests. Kate Elliott, the organisation’s chief executive officer, says the Right to Repair guidelines apply not only to consumer motorists, but also to commercial vehicles. With costs a major factor in the sector, many fleet owners will obviously be scrutinising the best maintenance and repair options for their fleets.

Unlike capital fixed costs for asset acquisition, depreciation, and overheads (which are fixed for each budget cycle), fleet maintenance costs are variable. As a constantly moving target, they can be impacted by a number of factors, including the types of assets within your operation, the cost of parts and supplies, warranty coverage, and even elements out of your control such as road conditions and the weather.

Elliott says the guidelines are there to support transparent choice, fair competition, and competitive pricing. “The reality is that we have an aging vehicle population and this extends to commercial vehicles as well. According to the Department of Transport, only 14.68% of trucks are less than three years old.  A large percentage – 55.22% – are older than 10 years, 25.49% are older than 20 years, and 3.72% are older than 30 years,” she notes.

With the new guidelines, fleet owners now have the power to select where they want to take their trucks for servicing. Elliott says there has been a lot of noise in the market, but one cannot dispute the fact that vehicle workshops operating in a truly competitive market will provide better and more affordable services and repairs.

FOUR FACTORS FOR FLEET OWNERS TO BEAR IN MIND

1. You have the right to choose your service provider.

Independent service providers can now service and perform maintenance on private and commercial vehicles both during and after the in-warranty period. “You may choose to service at the dealership from where you purchased your truck, or you can elect to shop around for the best possible price and service quality,” Elliott points out.

2. Your warranty is protected, no matter which service provider you choose.

Elliott says previously, motor manufacturers would void the warranty if a vehicle was not serviced at the dealership where it was sold. The Commission has now declared this practice as incompatible with the Competition Act.

3. You are entitled to use non-original spare parts.

With cost always being an issue, the good news is that prudent fleet owners can now shop around and are entitled to use non-original spare parts (oil filters, for example) in a vehicle during its in-warranty period; manufacturers are not entitled to void the warranty. “It is no different to selecting a generic antibiotic – the same product, only more cost-effective,” Elliott says.

4. Unbundling service and maintenance plans from the vehicle’s price.

When you buy a vehicle, retailers are now obliged to provide you with separate prices for the vehicle itself and any value-added products they might have on offer, such as service and maintenance plans. Retailers are also obliged to sell you a new vehicle without a service or maintenance plan if you do not want a plan. “Do the maths,” Elliott advises, “and you may be pleasantly surprised at just how much you can knock off the purchase price of your vehicle.”

A win for consumers and fleet owners, but do your homework

The removal of previous barriers is definitely in the best interests of owners. The fact that technical information and special tools will now be even more accessible will help independent workshops tremendously in diagnosing and keeping costs down. More competition always ultimately leads to better prices, better quality, and better service.

“What is absolutely key, however, is that you do your homework. We strongly advise managers to make use of reputable independent service providers and to make sure they have sufficient defective workmanship and liability insurance in place – something which, in terms of the guidelines, all independent workshops are required to tell you,” emphasises Elliott. “The manufacturers are entitled to void the warranty on a part which has been damaged as a result of the use of inferior parts, incorrect service procedures, and/or faulty workmanship. This is where an independent workshop’s insurance will kick in and cover you. That is why only using reputable providers and parts is key.”

Consumers who need help or want to check their rights in more detail can visit the R2RSA website, or alternatively report non-compliance to The Competition Commission.

Right to Repair: Q&A

Who can service vehicles under warranty?

Independent Service Providers (ISPs) are already allowed to service vehicles under warranty, although motor manufacturers would previously void the warranty if a vehicle was not serviced at the dealership during the warranty period. The Commission has now declared this practice as incompatible with the Competition Act, however, so ISPs can now service vehicles still under warranty and the practice of voiding warranties is now unlawful. This includes vehicles that were sold prior to 1 July 2021, which were sold without an embedded maintenance and/or service plan. This means that vehicle owners are now empowered to choose where they service their vehicles without risk of voiding the warranty.

Do ISPs have to be registered with an organisation such as the RMI to service in-warranty vehicles?

No. ISPs do not need to be registered with any industry specific organisation to service an in-warranty vehicle.

How is a consumer covered in a warranty dispute if the ISP uses inferior parts or the ISP’s workmanship is at fault?

The consumer is protected under the provisions of the South African National Consumer Protection Act 68 of 2008. If there is a warranty dispute, the consumer should refer the claim to their service provider and the claim should be covered by the service provider’s insurance provider. In fact, the guidelines specify that ISPs must disclose to consumers whether they have adequate commercial insurance cover. Consumers should use only those ISPs who can provide proof of adequate commercial insurance.

Do ISPs need to use specific parts for servicing vehicles under warranty?

No. But if a manufacturer finds that a warranty-related failure is due to inferior quality parts, they are within their rights to decline the warranty. It is therefore important that ISPs procure parts from reputable suppliers and use only recognised, quality parts when servicing a vehicle.