[YesAuto News] At the 2021 Shanghai Auto Show, a human rights defender wore a “brake failure” T-shirt and stood on the roof of a Model 3 in order to find a solution. There was a lot of trouble in this matter. Although it received widespread attention, the price in exchange was that the woman was finally detained by administrative detention for disrupting public order. Such a way of defending rights is definitely not desirable. So as consumers, what should we do when we encounter a suspected failure of a similar vehicle driving assistance system? Or what should we do when we encounter other problems with the vehicle? Today we will talk to everyone.
Wonderful speed reading:
1. As the functions of vehicles become more and more complex, consumers need to master how to use the functions in the vehicle correctly;
2. When rights/security are infringed, it is necessary to protect personal rights in a reasonable and legal way, and avoid excessive rights protection;
3. Be in awe of the vehicle and travel, and don't trust the driving assistance system too much;
4. Autohome calls for a three-pronged approach to solve the problem: adding new portable vehicles for teaching; adding new vehicles to the “novice model”; upgrading laws and regulations;
1. What should we do when we encounter problems?
1. Prerequisite: Learn all the functions of this car in your hand
When we buy a new car, the first thing we should do is to understand and be familiar with all the operations and functions of this new car, not to rush on the road to “try the new”. It sounds simple, but in fact, accidents caused by car owners' mistakes or too much trust in intelligent systems are not uncommon. On April 25, a woman in Xiamen drove a Model 3 while reversing at the gate of the community, and suddenly accelerated, causing a collision. We still don’t know if the accident was caused by the wrong gear or the vehicle’s loss of control. We still need to wait for further official disclosure. However, the official follow-up data released by Tesla showed that the vehicle did not have any brake system failure before the accident.
With the development of smart cars to this day, the emergence of driver assistance systems does bring some convenience, which is what we often refer to as ADAS, including more than 20 functions such as automatic battery life, automatic cruise, lane departure warning, etc., but not all car owners Can understand the specific functions and how to operate.
For example, some functions require certain opening conditions. The adaptive cruise function of many vehicles requires a vehicle speed of 60km/h to be turned on, while the low-speed endurance can be turned on at a speed of 30km/h, but the minimum vehicle speed is 30km/h. It is worth noting that due to the different setting logic of the car and the car, some vehicles will speed up when the adaptive cruise function is turned on when the vehicle is lower than 30km/h, while others will not be able to enter the corresponding mode if the opening conditions are not met. If the driver does not know this opening condition, there may be some safety hazards.
At present, most new cars come with vehicle instruction manuals + maintenance manuals. However, with consideration of environmental protection and ease of use, some car companies cancel the traditional paper manuals and launch electronic version manuals on the official website. Users need to log in to the official website to download them. The manual will introduce all the functions of this car one by one, including how to turn it on and related opening conditions and precautions. Therefore, we still recommend that car owners and friends read the contents of the vehicle manual carefully, or ask more after-sales service personnel, so that you can learn all the functions of the vehicle and “prevent problems before they happen.”
2. Problems encountered: correct protection of personal rights
Daily cars will inevitably encounter some problems. Once there is a problem with the vehicle, we should not panic. We should contact the dealer quickly to indicate the problem with the vehicle, send the vehicle to the after-sales service for inspection and repair, and protect personal rights and interests in a legal manner. If you do not know the specific rights and interests, you can also choose to consult a lawyer or legal adviser. Of course, we may also encounter prevarication from dealers or manufacturers who do not accept the account. This reminds us that after the accident, we must keep the images in the dash cam and other equipment in case of emergency. After collecting the information, you can choose to file a complaint with the consumer association or contact the media for a voice.
It should be noted that in the process of defending rights, we must avoid excessive rights protection. The more radical rights protection methods chosen by the women in the Shanghai Auto Show are not advisable. While attracting widespread attention, they also brought some bad influences. This resulted in the woman being detained administratively. Of course, this is not the first case of excessive rights protection. In 2019, the owner of Xi'an Mercedes-Benz sat on the engine compartment cover to defend their rights after communicating with the dealer due to a new car oil leak, which caused a sensation. These two rights protection incidents are being or have been satisfactorily resolved, but we still do not want consumers to adopt similar rights protection methods.
Recently, Tesla has made a case reference for everyone in the case of a used car sales accident. On June 5, 2019, a Tianjin car owner purchased a Tesla Model S officially certified second-hand car with model P85 on Tesla's official website. Tesla officially promised that the car has no major accidents and is not a fire/blister car. , There is no structural damage.
However, within two months of using the car, the rights defender said that the car had frequent problems and had been repaired many times. The multiple failures that occurred in a short period of time caused the rights defending vehicle owner to suspect that the vehicle did have a problem. Then he found a local institution with judicial authentication qualifications in Tianjin to test the vehicle. The results showed that the vehicle's C-pillar and rear fender were all cut and welded. The owner's request to exchange/return the car at the original price was rejected by Tesla. The owner described: “Tesla said it can be replaced, but this car has to be damaged, and then add money to change it, the company wants to make money.” The rights defending car owners did not approve of the handling method given by Tesla, so the former decided to file a case in Tianjin to solve the problem through legal channels.
The content of the first-instance judgment on December 4, 2020 showed that Tesla had committed fraud and should refund 379,700 yuan of the car purchase to Han, and compensate 1,139,100 yuan in accordance with the provisions of the Consumer Rights Protection Law. According to the latest developments, after the verdict of the first instance, Tesla has filed an appeal. Some lawyers said, “Now this case is in the second instance stage. If Tesla does not submit new evidence that is beneficial to itself, then there is a high probability that the court will maintain the first instance judgment.” At the same time, some analysts said: “If the car owner succeeds in defending his rights, he will Provide good reference materials for domestic rights defending car owners.” As consumers of reasonable rights protection, please trust that the law will give us a legal explanation.
If consumers finally choose legal means to solve the problem, we also consulted a lawyer for this kind of situation. The lawyer suggested:
Q: How to deal with consumer disputes caused by vehicle breakdowns?
Take photos/videos as soon as possible to retain evidence, and find an authoritative third-party agency to test the vehicle as soon as possible, and go to the notary office to notarize the result if necessary. After clarifying your own demands, communicate with the manufacturer first to see if the problem can be solved. Because most civil actions are mediated through communication between the parties. During this period, audio and video recordings can be made to preserve evidence.
If you cannot complete your claims after communicating with the manufacturer, you can seek administrative relief, that is, go to the industry and commerce or market supervision department to solve your own claims through administrative means. During this period, if the administrative department's procrastination or inaction leads to unsatisfied demands, then you can choose the third option: legal relief.
Legal relief is to bring a lawsuit to the court, which involves hiring a lawyer, submitting a complaint, providing evidence, and so on. Before the hearing, the court will also mediate the parties in accordance with the law. If a reasonable solution is still not available, then they can only be seen in court. It should be noted that in an orderly society, a reasonable, legal, and civilized way should be used to express appeals. Any behavior that disrupts public order and normal production and business order is undesirable.
Here we also hope that manufacturers can continue to provide consumers with qualified products, so as to prevent product quality disputes from the root cause; once consumers encounter problems or disputes, they can calmly and accurately retain evidence for the future. Solve the problem smoothly.
3. Awareness enhancement: awe of travel, car, and safety
The arrival of smart cars makes us sigh: Technology changes lives. While bringing convenience, intelligent assisted driving also brings some safety hazards. In fact, most of the current mass production levels of vehicles equipped with intelligent driving assistance systems are only L2 driving assistance systems, which refer to the provision of support for multiple operations of the steering wheel and acceleration and deceleration according to the driving environment, and other actions are operated by the driver. Therefore, as a car owner, you cannot completely hand over the vehicle to the system, and the control right must be in your own hands. Don't make a fluke.
Just in 2016, an assisted driving accident occurred in Beijing. When the accident happened, the owner's hand was separated from the steering wheel. According to the vehicle's driving assistance system usage rules, the driver should keep both hands on the steering wheel even if the assisted driving function is turned on. on. In May of the same year, an accident occurred in the United States when the driver took off the steering wheel when the vehicle was in the assisted driving state. In the end, the driver died.
We have also noticed that some unscrupulous merchants have launched “third-party accessories” for the intelligent driving assistance systems carried by some brands to allow car owners to “free their hands”. This is extremely irresponsible and will mislead consumers to a large extent. In fact, according to current regulations, the driver must keep both hands on the steering wheel while the vehicle is driving, regardless of whether the vehicle is equipped with a driving assistance system. If caught by the illegal camera, 6 points will be recorded for the driver and a fine of 200 yuan will be imposed.
2. When encountering rights protection issues, listen to what the experts say:
Regarding the rights protection issues that consumers may encounter, we also asked several experts:
Q1: What should consumers do when they encounter vehicle breakdowns or accidents during driving?
Cui Dongshu, Secretary-General of the National Passenger Car Information Joint Council: If you encounter such things or some failures, the easiest must be repairs or through the manufacturers. If there is any objection, you can file a complaint or go to the court to go to court. This kind of behavior of Tesla owners must not be taken.
Su Hui, Honorary President of the Tangible Market Branch of the China Automobile Dealers Association: my country has three guarantees. If there is a problem with the car, the person in charge should be found, who is responsible for the sale in my country; at the same time, consumers must retain sufficient evidence and protect their rights in a reasonable and compliant manner. It is recommended to be as aggressive as a Tesla owner.
Carhome recommends everyone: Once the vehicle is out of control, you can try the following methods to stop the car: Depress the brake pedal with all your strength, hold the steering wheel firmly with both hands, and maintain a normal driving track; if it is a mechanical handbrake, the handbrake can be applied Start up, but don't stretch to death, and don't cut into neutral at the same time! It is best to drive in a low gear; if it is an electronic handbrake, just continue to buckle the electronic handbrake button and hold it down to perform emergency braking. If the above method does not work, then look for soft targets or walls around and perform frictional deceleration. If there is a gravel road, you can directly rush on it, and the vehicle will quickly slow down on this type of road.
Q2: How should consumers protect their personal rights if the distributor or manufacturer buckles?
Zhu Weihua, Dean of the Hangzhou Institute of Data Quality: Manufacturers excuse themselves, complaints to consumer associations, and third-party appraisal of accident responsibility is a normal process. If you think the fault involves endangering public safety, you can report it to the public security or the media.
Cui Dongshu: If the manufacturer is bucking, consumers can go to the court to go to court.
Su Hui: The Tesla incident has led to this situation today because of its arrogant attitude. This is because although my country’s automobile laws are good, they are floating in the air and difficult to implement. This makes it very difficult for consumers to defend their rights. This is us. Problems that have been faced all the time. You see that it is not that difficult for consumers in Europe and the United States to protect their rights. Why Chinese consumers have not been valued by manufacturers for a long time is because the law cannot effectively protect consumers. Therefore, our country's laws, consumer associations, government departments, etc. should continuously improve, supplement and perfect existing laws and policy provisions to provide a basis for consumers to effectively protect their rights.
At the same time, my country has the Ministry of Industry and Information Technology, the Development and Reform Commission, and the Ministry of Commerce. These departments must support the auto industry and auto consumers. At the same time, they must clearly express their attitudes. They must not favor auto companies or consumers. They must objectively and impartially express their attitudes to promote our country. The automobile industry is developing in a good direction.
As a major automobile country, my country's status and economic contribution capacity have been greatly improved. my country's Ministry of Industry and Information Technology, Development and Reform Commission and other departments must harden up, not be as weak as before, and should strive for China's auto industry to receive the same respect and rights as European and American countries. This is the long-term ills and existing problems of my country's automobile industry. By focusing on incidents and problems, these problems should be put on the agenda and resolved as soon as possible.
Q3: The popularization of intelligent vehicles has brought conveniences and accidents caused by system failures. What do you think can be improved?
Zhu Weihua: Intelligent connected vehicles are technological products under development. Tolerating imperfections in the innovation process is the inevitable way to achieve innovation. The problem of data sources for third-party accident liability identification and public safety supervision can be solved by adding non-networked or independent and securely connected car black boxes. At the same time, for the potential quality safety or traffic safety threats that the vehicle itself may bring due to automatic driving, the trusted time synchronization of the vehicle can be established, and the regulatory agency can form the ability to obtain the underlying data from the vehicle sensor to ensure that the supervision is based on the trusted data. Avoid building supervision on cloud data with unverifiable credibility. With a mechanism by which a third party can verify the credibility of data, no matter how deep the supervision of vehicles is, at least a fair detection mechanism can be formed. Only in this way can the barriers to mutual distrust between consumers and car companies be eliminated, and in the process, the supervision system of intelligent networked cars will be gradually improved.
Cui Dongshu: Intelligentization still needs to be advanced cautiously. Consumers cannot have too much confidence in intelligent driving. The main focus is on manual driving. Autonomous driving is only an auxiliary method.
3. Our appeal:
In order to create a better car life, we also call on dealers, manufacturers and regulatory authorities to work together to solve the problems that consumers may encounter on a daily basis.
Dealer: Arrange novice teaching when the owner picks up the car
For the owners who just mentioned the car, it is understandable that they want to drive a new car urgently. However, with the gradual increase of car functions, the operation is also very different from the previous traditional models. This requires the dealer to arrange a teaching class for the new owner, clearly and carefully inform the owner of the operation method and precautions of each function, including simple vehicle startup, lighting use, steering wheel button function, driving assistance system activation, etc., This is more maneuverable than letting the car owner read the manual, and it will also help the car owner understand the new car, thereby reducing accidents caused by operating errors.
It is understood that the dealers of brands such as BMW, Lincoln and BYD provide novice teaching, and the duration is about one and a half hours. However, the 4S store of a certain brand where the editor himself bought the car did not provide similar services. Therefore, we hope that all manufacturers will pay more attention to the after-sales service of new car owners in addition to the ever-increasing order volume and sales volume.
Manufacturers: consider adding “novice mode”
Among electronic products, products with a novice mode are more common, such as DJI drones. It provides a novice mode for all products, and this mode is turned on by default. When using the App for the first time, the aircraft is in the beginner mode by default. In this mode, the aircraft can fly within a range of 30 meters in height and a radius of 30 meters; in the beginner mode, the mode cannot be switched manually (it cannot be manually switched to the attitude mode), and there is no GPS signal. Unable to take off.
Similarly, can automakers also equip their new cars with a similar “novice mode”, for example, some driving assistance functions cannot be used in the novice mode, and can only be turned on after using other functions or passing a study test.
Regulatory authorities: optimizing existing laws and regulations
The automobile industry has developed rapidly in recent years. More and more mass-produced models are equipped with driving assistance systems. Consumers enjoy the colorful and convenient car life brought about by technological upgrades, which also brings some potential safety hazards. At present, my country's laws and regulations on automobiles are still in the era of traditional automobiles. With the introduction of smart cars, laws and regulations must keep pace with the times and make certain optimizations to solve new types of accidents and new types of problems.
For example, with the current laws and regulations, once the intelligent system fails, causing the vehicle to lose control or even a traffic accident, the image of the driving recorder alone cannot be used as sufficient evidence, which may cause certain problems. For example, in this incident between the rights defending woman and Tesla, the two sides held different opinions, further intensifying the conflict. So, can our supervisory department step in and supervise the driver assistance system in real time, and become a balance between consumers and manufacturers. Some people in the industry have also provided some suggestions to the regulatory authorities:
All in all, as a consumer, he must master the operation of various functions of the vehicle by himself. After a system failure occurs, get in touch with the insurance company and the dealer in time, and protect relevant evidence, etc., for possible rights protection in the future. At the same time, we also call on the relevant distributors, manufacturers and regulatory authorities to consider various parties to further improve and protect the interests of consumers. If you encounter some daily rights protection issues, you are welcome to contact us and we will help you solve them together.