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Sunday 22 December 2013

OFT suspends credit licence of Shropshire-based motor dealer  - The Office of Fair Trading

The OFT has suspended the credit licence of a motor dealer, issuing this press release (well, this is part of it):
The OFT has suspended the consumer credit licence of Jonathan Edward Rochford, a Shropshire-based motor dealer trading as Phoenix Car Centre.
The OFT took this step after concluding that suspending the licence is urgently necessary to protect consumers. The suspension means it is now a criminal offence for Jonathan Edward Rochford, or any other person, for example an employee, agent or company of his, to engage in any consumer credit, consumer hire or credit broking activity using his licence. This press notice has been issued to inform consumers and other consumer credit businesses. The principal place of business for Phoenix Car Centre is 9 Lake End Drive, Telford, Shropshire TF3 1NU.
Jonathan Edward Rochford has been invited to make representations to the OFT by 10 January 2014. If representations are made, the OFT's Adjudicator will take into account the representations and decide whether to confirm the suspension (with or without variation) or withdraw it.
This is an early example (perhaps the first) of the use of a power to suspend a licence immediately where there is an urgent need to do so. It's also worth including the notes to the press release - the first one is particularly interesting.
NOTES
  1. The OFT is unable at this stage to discuss the detailed reasons for its decision to suspend Jonathan Edward Rochford's licence.
  2. Jonathan Edward Rochford's consumer credit licence is suspended as of 17 December 2013.
  3. An amendment to the Consumer Credit Act 1974 came into effect on 19 February 2013 and gave the OFT the power to suspend a consumer credit licence where it appears urgently necessary to do so for the protection of consumers. 
  4. The OFT published guidance in February 2013 setting out how and when it can use the new power to suspend a credit licence. The guidance establishes that in the most serious cases, which include those where there is evidence of immediate harm, the OFT will suspend a licence with immediate effect. In other circumstances, businesses will be given an opportunity to make its case to an adjudicator before the suspension takes effect.

Here is a link to the full press release.

The HGV Road User Levy (HMRC Information Gateway) Regulations 2013

The HGV Road User Levy (HMRC Information Gateway) Regulations 2013

Tesla retail model faces new legal challenge in Ohio

Tesla retail model faces new legal challenge in Ohio

Tesla vs. 'Te Si La': Brand's Chinese launch hits a snag

Tesla vs. 'Te Si La': Brand's Chinese launch hits a snag

Court of Justice appeal in Gas Insulated Switchgear case

Friday 20 December 2013

Federal Register | Federal Motor Vehicle Safety Standards; Minimum Sound Requirements for Hybrid and Electric Vehicles

Federal Register | Federal Motor Vehicle Safety Standards; Minimum Sound Requirements for Hybrid and Electric Vehicles

Commission wants code of conduct between dealers and manufacturers before the end of the CARS 2020 discussions » Automotive World

So says a press release from CECRA:
During a meeting of the CARS 2020 Sherpa Group on 9 December 2013, the Commission reiterated its desire for dealers and manufacturers to reach an agreement on how to improve vertical relations in the sector.
The Commission informed CARS 2020 stakeholders that work still needs to be done on the issue of vertical agreements. The topic is very important for the dealers, who made it clear since the beginning of CARS21 discussions – now followed by CARS 2020 - that it is their priority to reach an agreement on this issue. In its CARS 2020 Action Plan, the Commission noted that:
The changes in the competition law framework for the distribution of motor vehicles in Europe (further to the expiry of the Motor Vehicle Block Exemption Regulation 1400/2002) may have an impact on the organisation of the vertical relations between vehicle manufacturers and distributors. In order to manage this transition in a balanced way, a self-regulatory initiative is encouraged by the Commission.
A majority of CARS 2020 stakeholders have expressed their strong support for a voluntary code of conduct in the field of vertical agreements. The Commission is currently examining different options to re-launch the dialogue between the parties concerned. At yesterday’s meeting, the Commission indicated that is has ‘other political tools’ at its disposal which could be used in case the dialogue is not successful. This is a clear message to the manufacturers, who have again been invited to reach an agreement with dealers on a code of conduct.
The European Car Dealers’ (ECD) division of CECRA welcomes this as a step forward in improving vertical relations in the automotive sector. The division has submitted concrete proposals to the manufacturers with regard to the self-regulatory approach promoted by the European Commission. In particular, the ECD and CECRA are asking for:
  • the freedom to transfer the sales contract to a member of the authorised network
  • the freedom to sell different brands at one site (multi-branding)
  • the compensation of investments after termination of sales contract by the manufacturer which was not caused by dealer.

Car insurance too high, says Competition Commission | Money | theguardian.com

Car insurance too high, says Competition Commission | Money | theguardian.com

Self-parking cars hit legal obstacles - Telegraph

Self-parking cars hit legal obstacles, reports the Daily Telegraph, and 'ha, ha', is the immediate reaction - but it's more serious than that. While it remains an offence to leave the engine of a car running while there is no-one in the driving seat (a rule that, surely, no responsible person will ever have broken) the idea of a car that will park itself remains just that - an idea.

Welsh court processes 86 people over 'crash for cash' insurance conspiracy | UK news | theguardian.com

Welsh court processes 86 people over 'crash for cash' insurance conspiracy | UK news | theguardian.com

Driving age increase to 18 and curfew for new drivers mooted | World news | The Guardian

Driving age increase to 18 and curfew for new drivers mooted | World news | The Guardian

TNO: Automatic braking for cyclists » Automotive World

TNO: Automatic braking for cyclists » Automotive World

New Consumer Protection Rules Adopted in the UK: Particular Note for Online Retailers and Suppliers of Digital Content

New Consumer Protection Rules Adopted in the UK: Particular Note for Online Retailers and Suppliers of Digital Content

Thursday 5 December 2013

Motor Law volume 13 number 11

Here are links to further information on some of the stories in the latest Motor Law:

OFT on consumer rights bill www.oft.gov.uk/shared_oft/reports/oft_response_to_consultations/OFT1502.pdf
TSI response http://www.tradingstandards.gov.uk/policy/policy-consitem.cfm/newsid/1297
www.oft.gov.uk/shared_oft/reports/oft_response_to_consultations/draft-cpr.pdf
www.oft.gov.uk/shared_oft/reports/oft_response_to_consultations/draft-consumer-contracts.pdf
Review of consumer protection co-operation http://ec.europa.eu/dgs/health_consumer/dgs_consultations/ca/consumer_protection_cooperation_regulation_201310_en.htm
Prize promotions http://www.cap.org.uk/News-reports/Media-Centre/2013/Promoting-our-promotions-guidance.aspx
'Made in EU' http://www.europeanvoice.com/article/imported/safety-claim-at-heart-of-tough-fight-over-made-in-eu-label/78575.aspx
The consequences of not mediating PGF II SA v OMFS Company 1 Ltd [2013] EWCA Civ 1288
Spain: price-fixing in car market http://www.cncompetencia.es/Inicio/GestionDocumental/tabid/76/Default.aspx?EntryId=198842&Command=Core_Download&Method=attachment
Lookers merger with Shields http://www.oft.gov.uk/OFTwork/mergers/Mergers_Cases/2013/Lookers
Parts supply: antitrust investigations http://www.automotiveworld.com/news-releases/nsk-plea-agreement-with-respect-to-bearings/, http://www.automotiveworld.com/news-releases/jtekt-plea-agreement-with-the-united-states-department-of-justice-concerning-certain-automotive-products/, http://www.autonews.com/article/20130924/OEM10/130929955/panasonic-executive-charged-with-price-fixing-on-toyota-components#axzz2fyjC6LHx, http://www.autonews.com/article/20130925/OEM10/309259967/magna-iac-faurecia-part-of-german-price-fixing-probe#axzz2fyjC6LHx
South Africa: no spares protection Bayerische Motoren Werker Aktiengesellschaft v Grandmark International (Pty) Ltd and Another (722/12) [2013] ZASCA 114
CO2: Germany wants transition http://www.europeanvoice.com/article/2013/september/germany-tries-new-objection-as-car-co2-vote-returns/78294.aspx
Commission's Daimler dilemma http://www.europeanvoice.com/article/imported/commission-faces-daimler-dilemma/78106.aspx
EU van emissions targets move forward http://ec.europa.eu/clima/policies/transport/vehicles/vans/
MEPs resist vehicle noise limits http://hy-tec.eu/2013/02/eu-parliament-votes-on-noise-level-of-motor-vehicles/
Restrictive covenants: wide but valid Coppage & Anor v Safety Net Security Ltd [2013] EWCA Civ 1176 (11 October 2013) http://www.bailii.org/ew/cases/EWCA/Civ/2013/1176.html
US: Ford Truck dealers http://www.bloomberg.com/news/2013-09-11/ford-didn-t-breach-truck-dealer-contracts-ohio-jury-says.html
CCTV for parking to be outlawed http://www.telegraph.co.uk/finance/newsbysector/transport/10337749/Councils-using-CCTV-cameras-to-fine-motorists-to-be-made-illegal-within-months.html
Persistent fuel thieves will be prosecuted http://www.telegraph.co.uk/news/uknews/crime/10357320/Legal-loophole-closed-to-prosecute-persistent-fuel-thieves.html
Compensation for breach of Data Protection Act Halliday v Creation Consumer Finance Ltd (CCF) [2013] EWCA Civ 333
Phoenix: report of disciplinary hearing http://www.frc.org.uk/News-and-Events/FRC-Press/Press/2013/September/FRC-publishes-Final-Report-of-Disciplinary-Hearing.aspx
Cooper Tire appeals merger ruling http://www.ft.com/cms/s/0/bac43520-4bb4-11e3-8203-00144feabdc0.html
 Case C95/ Commission v Germany (Volkswagen Law case) http://curia.europa.eu/juris/documents.jsf?num=C-95/12
Scrap Metal Dealers Act 2013 (Prescribed Documents and Information for Verification of Name and Address) Regulations 2013 (SI no 2276)  www.legislation.gov.uk/uksi/2013/2276/pdfs/uksi_20132276_en.pdf

Chancellor's financial statement

 Two matters of interest to Motor Law readers in today's financial statement from the Chancellor:
The statutory maximum price of the MOT test for a car will be frozen at £54.85 until 2015, a total saving of £50 million for motorists.

The paper tax disc will be abolished, removing an administrative inconvenience for millions of motorists.