‘Grassroots insight’ plays influential role in crucial Type-Approval legislation vote

Published:  07 February, 2018

The European Parliament’s IMCO committee have approved several key amendments to Vehicle Type-Approval legislation proposals, which include the aftermarket maintaining in-vehicle data access via the OBD port.

The agreement will now be submitted for final approval by the European Parliament, where it is widely assumed the result will be endorsed in the Parliament’s final voting session in April. This follows ongoing campaigning from industry and government which has collectively championed the rights of the aftermarket in the fight to keep access open to the OBD port.

West Midlands MEP Daniel Dalton visited an independent garage in Birmingham in 2016, along with IAAF’s Chief Executive Wendy Williamson, GEA’s Dave Garrett, IGA’s Stuart James, FIGEIFA’s Sylvia Gotzen and Neil Pattemore. Here, Dalton gained insight first hand on how crucial it was that aftermarket access to in-vehicle data remains possible. Since it was announced that the aftermarket could lose access to the OBD port, the IAAF, in partnership with FIGIEFA, has fought against the initial proposals, arguing that a level playing field should be provided to ensure consumer freedom of choice when repairing and maintaining vehicles.

Over the last 18 months, the IAAF has held meetings with Dalton and the IMCO committee to put forward the aftermarket perspective as part of this process. Progress has already been made during this period, with over 184 amendments being approved by the IMCO, as part of the forthcoming type approval legislation, which relate to the diagnostics, repair and maintenance of vehicles. The changes, an important step towards improving the legislative framework for independent operators, followed the publication of the ‘Dalton Report’.

Wendy Williamson, IAAF chief executive said: “We’re extremely grateful for the huge political support we have received on this issue from Daniel Dalton, in campaigning alongside us and other industry voices for the future of the independent aftermarket. “Not only has the Dalton Report been pivotal in our fight but his proactive role, evident in his visit to a garage and meeting with aftermarket stakeholders, has galvanised our collaborative efforts in achieving this absolutely magnificent result we’ve been pushing for – to ensure aftermarket access to the OBD port.”    

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  • SO FAR... so good 

    You may have read about some of the challenges that the aftermarket has faced over the last year or two as part of the vehicle Type Approval revisions – with their inherent ‘rights of access to repair and maintenance information’ and the associated fight to maintain access to the vehicle data via the ever-so-not-so-humble 16 pin OBD connector.

    The draft vehicle Type Approval document has been agreed by the European Commission and the Council (Member States), but has now to be approved by the European Parliament before becoming the final version which in turn, will become new legislation. However, as many of the key aftermarket amendments were tabled by the Parliament, it seems unlikely that these will be changed, but there is always an uncertainty until the final plenary vote is done.
        
    So once agreed, that will be that, as they say. Unfortunately not, as the devil is in the detail.

    Legal reference
    Firstly, there is the additional problem of existing Block Exemption and Euro 5 Regulations which do not provide the critical legal reference to enable access to in-vehicle data beyond just emissions. The standardisation requirements are included, but not the data and information for the wider diagnostic, repair and maintenance data. This means that vehicle manufacturers can claim that access to the vehicle and the corresponding ‘wider data’ does not have to be provided. This is currently being challenged by the Aftermarket Associations in Brussels, but no solution has yet been agreed for those contentious claims and there will be many vehicles on the roads with restricted access before a workable solution can be agreed and implemented.

    As vehicle manufacturers are likely to be in contradiction with these existing Type Approval requirements, it is also likely that they will have to provide access, but this may well be through the use of electronic certificates. As each vehicle manufacturer has their own certificate strategy (process, access criteria, data available etc.), this is still a significant problem and in some cases could mean multiple certificates are needed to work on the different vehicle systems on specific models. It is also important that certificates can be used without the necessity of having to use the vehicle manufacturer’s dedicated diagnostic tool and an online connection to their server to generate the required certificate when using the 16 pin connector.

    However, the new vehicle Type Approval legislation should now provide the legal reference for the physical connector and critically, also contain a reference to the data needed for diagnostics, OBD, repair and maintenance, but beyond these important requirements there are still other elements which have yet to be discussed or agreed.

    Logical cascade     
    These other issues revolve around the secure access for independent operators, together with the exact data that will be made available once access has been granted. This may sound strange, but the 16 pin OBD port is increasingly seen as a high security risk access point into the in-vehicle networks. Consequently, some form of controlled access is highly likely to be implemented, even for such seemingly mundane tasks as checking safety system trouble codes when conducting an MOT test. This is also likely to be a ‘certificate based’ system and this introduces a whole range of new challenges!

    To understand these various issues more clearly, there is a logical cascade which starts with the legal requirement for a connector to be fitted to a vehicle. This is covered as part of vehicle Type Approval legislation, and this legislation also includes the need for the connector to be standardised from both the aspect of the physical shape and connector pin layout, but also what data or information is needed for emission systems, as well as the communication protocols that must be used. All these legislative elements have been in place for more than two decades, but the wider use of the 16 pin connector for diagnostic, repair and maintenance requirements had until the current revision of the vehicle Type Approval legislation, not been legally referenced. Now that this has (hopefully) been addressed, the next key discussions will be about who can access the vehicle via this connector, how this can be authenticated and once access is provided, what data, information and functions will be supported.

    As mentioned earlier, this is likely to require electronic certificates, but to avoid the ‘wild west’ of different processes, access conditions and data availability, a standardised process should be considered by the legislator which also uses a single and independent point of access for certificates from all vehicle manufacturers. It should also be possible to access in-vehicle data without a certificate when the vehicle is in the workshop, although software updates may require certificates. When the vehicle is being driven, ‘read-only’ data should still be available and a certificate should only be needed if some form of ‘functional’ testing is required, but this should be considered as the exception. As there is an increasing use of ‘plug-in’ devices being used to allow remote communication with the vehicle when it is being driven for services such as insurance, or remote monitoring for prognostics and predictive maintenance, arguably, the importance of the OBD connector is increasing for these telematics services – even if the data it can provide is restricted in relation to what is available via the vehicle manufacturers’ embedded
    telematics systems.

    Further requirements
    Once data is accessed, the new General Data Protection Regulation (GDPR), which comes into force in May this year, will impose further requirements for the use and handling of personal data.  A fundamental issue will be that much of the data contained in the vehicle can also be considered personal data and is subject to data protection legislation. Critically, the customer must give their consent to the use of this data by a positive action or statement – it cannot be assumed.    

    As you can see, it may be ‘so far, so good’, but the simple task of continuing to plug into the 16 pin connector and diagnosing or repairing the vehicle is going to be far from simple, with many hurdles and challenges yet to be addressed, but the aftermarket associations, both in the UK and with their pan-European partners, are continuing to fight for the ability to do so.


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