FEMA has responded to a consultation by the European Commission on the Review of the Motor Vehicle Block Exemption Regulation.

In short: the current Motor Vehicle Block Exemption Regulation says: ‘motor vehicle’ means a self-propelled vehicle intended for use on public roads and having at least three wheels.

The description that motor vehicles are defined with three wheels and above excludes motorcycles from free competition and allows manufacturers, importers and brand dealers to void the warranty if a motorcycle has been serviced (not repaired) by an independent motorcycle workshop. That is why we – European riders and others – collectively ask for rewording of the text, into ‘motor vehicle’: a self-propelled vehicle intended for use on public roads.

If you also want to reply to this consultation, please do so. The feedback period: 27 May 2024-24 June 2024 (midnight Brussels time).

You will find the consultation here: https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/14126-Motor-Vehicle-Block-Exemption-Regulation-evaluation_en

To the European Commission,

The Federation of European Motorcyclists’ Associations (FEMA) wants to express its concerns with the current Block Exemption Regulation 461/2010.

The task of the Block Exemption Regulation is to ensure free competition on the motor vehicle market in terms of access to information, the possibility of servicing motor vehicles under warranty, access to spare parts, etc.

Our point of concern is that motor vehicles with two wheels are currently not covered by the regulation.

In CHAPTER 1 – COMMON PROVISIONS – Article 1 – Definitions, there is under section g indicated: (g) “motor vehicle” means a self-propelled vehicle intended for use on public roads and having at least three wheels;

The description that motor vehicles are defined with three wheels and above excludes motorcycles from free competition and allows manufacturers, importers and brand dealers to void the warranty if a motorcycle has been serviced (not repaired) by an independent motorcycle workshop. Furthermore, we have experienced that when a used, newer motorcycle under warranty is resold by an independent motorcycle dealer, the remaining warranty is removed from the motorcycle, which means that the customer no longer has a warranty on his motorcycle.

Therefore, we propose that in CHAPTER 1 – COMMON PROVISIONS – Article 1 – Definitions, point g the indication of the number of wheels is removed and will in the future say: (g) ‘motor vehicle’: a self-propelled vehicle intended for use on public roads.

With regards,

Wim Taal,
General Secretary.

Top photograph courtesy of Healtech Electronics

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