Exemption

With our departure from the EU do you know what effect this will have on the Block Exemption for servicing cars – ie. not tied to the manufacturer dealership? As currently you can get an independent using OEM manufacturer parts to service and not to invalidate manufacturer’s warranty? Martin Smith

The present block exemption rules have been in place since 2010 and the last change before that was 2002. The original arrangement allowing car manufacturers to create exclusive dealerships was based partly on the fact that vehicles should be regularly maintained by properly-trained staff, using the correct equipment.

In October 2002 the EC regulation 1400/2002 came into force that allowed the manufacturers to create such dealerships provided they do not restrict the competition. To do this they had to allow independent garages access to technical information and spare parts. It also ensured that all service and repair work could be undertaken by any garage whether an independent or an authorised dealership.

In May 2010 it was announced that a new block exemption would apply from June 2010 – these proposals are set to stay in place until May 2023.

Many owners prefer to have the servicing carried out by a small independent as they believe that the smaller garage does give a better service, and the labour rate is normally more competitive. The downside is that some vehicles do develop major faults after the warranty period and in such cases where the vehicle has been main dealer serviced the manufacturer has been known to offer a goodwill repair.

The resale of the vehicle must also be considered, as if selling the vehicle just outside the warranty period, a main dealer service history will increase the resale value.

It should be noted that even with the block exemption, certain manufacturers are beginning to lockdown the EOBD information available, with only emissions data being accessible, Fiat systems are requiring a certificate to be generated by logging your details with them.

The direct answer to your question is that under the EU withdrawal act 2018, EU law as it is will be converted into UK law. So, the block exemption in place at the moment will remain in force as UK law until the original expiry date of 31May 2023.

After that it will depend on the UK government, but I would imagine the renewal will closely follow an EU agreement.