There was a strong turnout to the ACCC’s Takata Recall briefing on Friday 19 May at MTA House and we thank all members for their attendance.
The meeting was most informative with the ACCC Takata Task Force delivering an information session on the current state of the Takata Recall Notice. Many questions were asked and answered during the presentation and answers from the session are listed below for your information:
Q. Will every Takata airbag be replaced?
A. The ACCC’s target is the replacement of 100% of Affected Takata Airbag Inflators. While the ACCC admits that this is ambitious due to factors including vehicles located in salvage yards and consumer apathy, it hopes to achieve this target.
Q. Is there a requirement under the Recall Notice for mechanical workshop business owners to fix or report vehicles that may be affected?
A. No. However, the ACCC advised that it would be good customer service to create a process whereby customers are made aware of affected vehicles.
Q. Is there any requirement for private sellers to have their affected inflators replaced before selling?
A. No. Private sellers are not captured under Australian Consumer Law as suppliers in trade or commerce. As such, the ACCC has no jurisdiction over private to private transfers of registration.
However, the ACCC acknowledged the safety risks associated with a lack of accountability in this space.
Pleasingly, the ACCC have promised there will be a “massive” customer awareness campaign warning consumers of the dangers of buying privately. This will be via print, TV, radio and social media. They advise it will be designed to alarm consumers to ensure they take action to check their vehicle.
ACCC has also met with state and territory Road Transport Authorities to investigate how they can assist with the prevention of the transfer of ownership of affected vehicles, but no agreements have been established at this point in time.
Q. If the affected inflators are so dangerous, why is it still satisfactory to sell new and demonstrator vehicles up to 31st December 2018 without replacing the inflator?
A. The evidence supplied to the ACCC shows it is the six year mark where inflators are likely to be the most dangerous and that this is a “very conservative estimate”. Therefore, allowing vehicles to be sold from new, up to the end of 2018 will not affect the safety of the vehicle. This is coupled with the significant fact that the ACCC is conscious of the disruption this Recall Notice is causing industry so it has tried to make exceptions where possible to assist in the effective management of the process.
The MTA will continue to update members as more information comes to hand. In the meantime if you have any specific questions please contact Nathan Groves by clicking here.
A reminder to all MTA members that the following ACCC fact sheets have prepared to assist in answering many questions. These can be found through these links:
The ACCC have also set up their own Q & A page which can be accessed by clicking here.
Click here to access the ACCC’s Product Safety website addresses reporting requirements.
You can also subscribe to receive updates about current and future recalls by clicking here.
If you require further information about the Compulsory Takata Airbags Recall Notice, contact Nathan Groves by clicking here.
Finally, the MTA would also like to clarify the reporting obligations for automotive dealers.
Currently, there are no reporting requirements for non-suppliers and to clarify further, this includes the reporting of misemployments.In the event of an automotive dealership member witnessing or experiencing a misdeployment of a Takata Airbag, it is recommended to report it to the OEM as a matter of urgency.