In the post-Brexit landscape, the UK has a new relationship with many EU regulations. Many decisions made at an EU level still influence UK regulations or can shape the supply chains of members that have a footprint outside of the UK. Two recent developments are detailed below.
ECJ ruling: Carglass/ATU vs FCA on access to vehicle data stream
A legal case was brought by Carglass and A.T.U against FCA Italy. The case was referred to the Court of Justice of the European Union and considered the level of vehicle data that vehicle manufacturers are required to make available to workshops. It specifically considered Regulation 2018/858 and addressed if a vehicle manufacturer can limit access to a vehicle’s on-board diagnostics. The judgment states that:
- Vehicle manufacturers cannot impose conditions for access to the OBD other than those specifically foreseen in type approval regulation.
- Independent operators must have access to the “full diagnostic data stream” via the OBD port. This covers the reading and writing of data when the vehicle is in stand-still, and the reading of data when the vehicle is in motion.
- The ECJ ruled that adding a secure gateway, with conditions which inhibit legitimate operators’ rights of access, is prohibited under this law.
- The ECJ case only addressed repair and maintenance use cases.
New Euro 7 emissions standard
Euro 7 is the latest proposal for a new emissions standard, put forward by the European Commission in 2022. It seeks to further reduce pollutant emissions from cars, vans, trucks, and buses. The latest development saw the EU Parliament Environment Committee adopting proposals to lower pollutant emissions and set battery durability requirements for passenger cars, vans, buses, and trucks. This is scheduled to be adopted during the plenary sitting of the European Parliament in November. It will constitute the Parliament’s negotiating position with EU governments on the final shape of the legislation. The BVRLA will continue to keep a close eye on developments and share any notable changes with members as appropriate.
