Draft Model Legislation / Code of Practice
Purpose:
To establish an independent, mandatory, accessible, and consumer-focused National Motor Ombudsman to resolve disputes between consumers and automotive industry participants efficiently, transparently, and fairly.
Definitions:
Motor Vehicle Trader: Any business engaged in sale, lease, repair, servicing, or warranty provision for motor vehicles.
Consumer: Any person acquiring, leasing, or using a motor vehicle for personal or household purposes.
Dispute: Any disagreement or complaint arising from motor vehicle sale, lease, servicing, warranty, or associated finance.
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Scope:
The Ombudsman shall cover:
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New and used vehicle sales;
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Vehicle servicing, repairs, and warranties;
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Extended warranties, manufacturer guarantees, and aftermarket add-ons;
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Vehicle finance and insurance products related to consumer purchases;
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Misleading or deceptive conduct by motor traders;
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Disputes arising from recalls or safety defects.
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Mandatory Membership / Coverage:
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All motor vehicle traders must register with the Ombudsman and comply with its Codes of Practice.
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Non-members are prohibited from trading vehicles or offering services until registered.
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Compliance includes adherence to dispute resolution decisions and reporting obligations.
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Powers of the Ombudsman:
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Investigation & Mediation: Investigate complaints, mediate between parties, and issue findings.
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Binding Decisions: Final decisions are legally binding on traders, with limited judicial review.
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Remedies: The Ombudsman may award repair, replacement, refund, compensation, and adjustment of finance/insurance contracts.
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Enforcement: Authority to refer non-compliant traders to regulatory bodies, impose fines, and revoke membership.
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Consumer Access & Protections:
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Free Access: Consumers shall not pay fees to lodge complaints.
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Timeliness: Complaints must be resolved within 90–120 days.
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Support Services: Access to neutral technical inspections, translations, advocacy, and digital case tracking.
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Transparency: Publish anonymized case summaries, compliance statistics, and annual reports audited independently.
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Governance:
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Independent Board: Consumer majority (≥50%), industry limited to advisory, Independent Chair appointed by neutral public body.
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Reporting: Annual public report to Parliament and independent audit.
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Conflict-of-Interest Rules: Board members/staff cannot hold financial or management interests in automotive businesses.
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Funding Mechanisms:
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Levy on industry turnover: Stable, ring-fenced, protects independence.
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Flat annual accreditation fee: Simple, links participation to compliance.
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Government grant/appropriation: Stable, requires independence safeguards.
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Hybrid (industry levy + government grant): Diversified, reduces capture risk.
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Consumer-funded (per-vehicle fee): Scales with usage, low industry influence.
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Trust/endowment fund: Strong protection against interference. Best options: Hybrid funding with ring-fenced levy + government grant or independent trust/endowment.
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Reporting & Accountability:
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Quarterly and annual reports including complaints, outcomes, compliance, resolution times.
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Independent audit of financials, decisions, and enforcement.
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Transparent anonymized case database accessible to policymakers and consumer advocacy bodies.
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Transitional & Implementation Rules:
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12-month transition period for trader registration and compliance.
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Any existing voluntary schemes may be absorbed.
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Regulations to specify operational procedures, complaint intake, and technical inspections.
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Summary of Key Features:
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Mandatory coverage for all traders.
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Legally binding decisions.
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Independent governance with consumer majority.
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Fast, free, accessible consumer pathway.
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Neutral technical inspection and advocacy support.
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Transparent reporting and auditing.
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Stable, protected funding minimizing industry or political capture.
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