Motor Industry Legal Services

Our clients include

  • Jardine Motors Group
  • Renault Retail Group UK
  • Eastern Holdings
  • Benfield Motor Group
  • Cambria Automobiles Holdings
  • Allen Ford
  • Dick Lovett Group
and over 1,000 other franchised and independent dealers.

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The General Product Safety Directive
Monday, 30 July 2007
We have continued to monitor the effects upon members of The General Product Safety Directive, which came into force across the UK late last year, following the adoption of new European regulations governing product recalls.

Whereas previously there had only ever been a voluntary code of practice in the area, the directive made it mandatory for dealers to notify the authorities immediately they became aware of a product safety risk.

Whilst dealers have of course always had an obligation to notify manufacturers if they discover a risk, failure to notify separately the authorities now results in fines of up to £20,000 and a possible twelve-month prison sentence.  If the offence is linked to an individual, that person may also be prosecuted.  Although members may believe that they are generally well prepared, we would continue to advise especial vigilance across all product safety procedures.  It is also worth bearing in mind that the rules apply at every level of the supply chain and, while the relationship between dealer and manufacturer when handling a product recall has not changed significantly as a result of the Directive, members should nevertheless continue to be prepared for any increase in product recalls, particularly amongst component and after market suppliers.
 

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