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In civilized countries, automobile corporations now and then carry out mass service campaigns aimed at correcting production failures in sold cars. When asked whether these measures will affect Russia, manufacturers most often respond negatively. According to the State Duma deputy, the leader of the Freedom of Choice automobile movement Vyacheslav Lysakov, large companies and their dealers, according to some vicious tradition, regard Russia as a third-class market. “Car companies do not fulfill the requirements that apply to them in the markets of the USA, Europe and China. They only complain forever to the government, they say, we have invested money in factories and in your economy. Moreover, no one says that they make millions in sales in our country,”the parliamentarian comments.
If the recent example, when GM spent $ 1.3 billion on repairs of about 2.6 million cars as part of service activities in the US market alone, can be explained by the origin of the models that participated in the campaign (Chevrolet HHR, Pontiac G5 and Solstice, Saturn Ion and Sky), then in other cases, everything is not so clear. So, the Volkswagen brand is rumored to have the latest Passat recall in the United States, when 150 thousand cars from 2012-2013 showed a defect in the mounting of headlights. Could there be a similar flaw in cars sold in Russia? At the time of publication of the material, representatives of the press service of the Russian division of Volkswagen did not answer the phone. Failed to get an answer from BMW representatives in Russia regarding the recall of almost half a million cars in the USA and China.
In contrast, the GM office in the Russian office assured Za rulyom. RF that they successfully carry out promotions in our country as often as required. “Sometimes it seems that service stocks are passing by Russia, but this is not so. We receive information and either change some details during the next MOT or urgently call motorists at the service station,”said Sergey Lepnukhov, GM Russia PR Director. He mentioned the recent recall of the 21st Chevrolet Spark due to a defect in the connection between the intermediate shaft and steering rack.
The auto business takes advantage of the fact that the domestic client has not yet developed regulatory instincts, lawyers are sure. “If an accident occurs in Europe or the USA, and after the examination it is proved that the fault lies with the automaker who missed the defect, he will lay out millions of dollars through the court,” says Ildar Lukmanov, head of the legal department of the consumer protection society Consumer Committee. According to the lawyer, a large number of recall campaigns in the West are just formed by the legal culture, when motorists defend their position in court.
In Russia, most often car accidents are not analyzed for defects. The traffic cop draws up a protocol in which he indicates that the driver lost control. In most cases, this is the end. Emergency examination is in its infancy, and in fact, experts can no longer determine the real problems of the car after an accident. “Even if it comes to court with the manufacturer - although these are isolated cases - with a good combination of circumstances, the plaintiff can count on 100 thousand rubles. as compensation for non-pecuniary damage. But it’s easier for the concerns to quietly pay this ridiculous money for them, than to withdraw thousands of cars,”Lukmanov explains.
In the United States, the Insurance Institute for Highway Safety (IIHS) and the National Highway Traffic Safety Administration (NHTSA) are partly responsible for overseeing these issues. It was with the filing of the latter in 2012 that Toyota launched the largest recall campaign, when 7.43 million customers of the brand (including in Russia) visited the dealership around the world due to a defect in the power window switch. And Ford still remains the record holder, having withdrawn 7.9 million cars in services in 1996 due to a defect in the ignition switch, which could lead to a fire. In Europe, monitoring is indirectly carried out by organizations such as the ADAC Automobile Club. Their annual ratings for breakdown rates, technical failures and reliability of mass models are a good tool for influencing the manufacturer.
In our country, according to federal law No. 184-ФЗ On Technical Regulation, companies are required to notify Rosstandart of service campaigns.
Article 40. Forced recall of products 1. In case of failure to comply with the precept provided for in paragraph 2 of Article 39 of this Federal Law, or if the program of measures to prevent harm has not been carried out, the state control (supervision) body in accordance with its competence, as well as other persons who become aware on failure by the manufacturer (seller, person acting as a foreign manufacturer) of the program of measures to prevent harm, is entitled to apply to the court forcibly m product recall. 2. In the event that the claim for the forced recall of the product is satisfied, the court shall oblige the defendant to take certain actions related to the recall of the product within the time period established by the court, as well as bring the court decision no later than one month from the date of its entry into force to the attention of the acquirers, including consumers, through the media or otherwise. If the defendant does not comply with the court decision within the prescribed time, the execution of the court decision is carried out in the manner prescribed by the legislation of the Russian Federation. In this case, the plaintiff has the right to inform purchasers, including consumers, through the media about the forced recall of products. 3. For violation of the requirements of this Federal Law on the recall of products, criminal and administrative measures may be applied in accordance with the legislation of the Russian Federation.
