What Happens If Your Car Is Damaged Whilst In For Service Or Repair?

Thursday, 12. May 2022

This is the response from a law firm answering this question for a car dealer.

The situation involves a vehicle being damaged while left with a garage, but the damage incurred was through no fault of the garage.

The questions arising from this type of situation are:

Who is responsible for keeping the property safe?

Who pays for the damage to be fixed?

The principle is that of Bailment. The owner of the property is the Bailor, and Bailment is the act of the Bailor delivering goods to another party, the Bailee, without a transfer of ownership. A vehicle being put into the garage for repairs is an obvious example, as is a hire vehicle being hired out.

So just to be clear, you are the Bailor, the owner of the car. The act of leaving your car with a garage for repairs, service, MOT etc. is Bailment and the garage that has your car on their premises is the Bailee.

Most people, and that includes me, assumes that as soon as you hand over the keys to your car that the garage is immediately responsible for any damage to the car irrespective as to how the damage was caused. It would seem that isn’t true. This is what they say:

Unless there is a contractual term that makes the Bailee responsible for insuring or replacing the vehicle, then they do not owe a duty if the goods are damaged as a result of something occurring that is not due to negligence from the Bailee.

In other words, if your vehicle is left with the garage for repairs and an arsonist decides to go on the rampage there, or a major storm decides to pay a visit and rips the roof off of your car or van, the garage does not owe a duty to repair or replace it.

So, unbeknown to me and I’m sure many reading this, if you are the Bailor, the owner, it is important to have the requisite insurance to cover you in the above or similar scenarios.

It is down to the Bailor to check the insurance position with the Bailee if they have any concerns, not the Bailee’s job to advise the Bailor of this situation.

If you are the Bailee, the garage owner, you may wish to make it clear in the terms and conditions that your insurance will not cover any damage sustained due to events out of your control. Obviously, you are responsible for any damage caused as a result of your negligence. It may save an argument and ill feeling if you don’t make this clear upfront. By Graham Hill

Fast Chargers Set To Launch in 2024.

Friday, 6. May 2022

StoreDot has revealed its strategic technology roadmap – 100inX – which aims to deliver batteries capable of charging a 100 miles of range on a two minute charge within 10 years.

It is also on track to produce its silicon-dominant anode XFC lithium-ion cells at scale by 2024, which will be capable of delivering 100 miles of range with five minutes of charge.

In parallel, StoreDot is already at the advanced stages of developing semi-solid-state technologies which will further improve the batteries by 40% over four years – delivering 100 miles of charge time in just 3 minutes and be mass production ready by 2028.

Dr Doron Myersdorf (pictured), StoreDot’s CEO, said: “It’s absolutely crucial that we give global automotive manufacturers a clear, realistic and hype-free roadmap for the introduction of our fast-charging battery technologies.

“After intense development of our silicon-dominant chemistries we will be mass-production ready by 2024, delivering a transformative product that will overcome the major barrier to the widespread adoption of electric vehicles – charging times and range anxiety.

“However, we are committed to a rapid transition to a cleaner, zero-emissions world and our strategic technology roadmap extends long after 2024, where each milestone represents an impressive performance improvement – a major impact on the driver’s experience.

“We are also progressing with our semi-solid-state battery aiming for its production at scale by 2028, which will demonstrate a better charging experience for EV drivers in terms of miles per minute of charging.”

Myersdorf says its ultimate goal though is to produce cells that will “revolutionise charging times”, achieving 100 miles of range in only two minutes.

“This breakthrough performance that was once considered impossible is achievable with StoreDot’s technology in just 10 years from now,” he added.

StoreDot’s extreme fast charging cells will be available in both pouch and the 4680 family form factor – the formats increasingly favored by the majority of global car manufacturers.

Pioneering work for these XFC cells has been undertaken with participation of global experts from Israel, the UK, the US and in China. ‘100in5’ cells of StoreDot’s XFC technology are already being tested in the real world by a number of OEMs. By Graham Hill thanks to Fleet News

Volvo Plans Trials For Wireless EV Charging

Friday, 6. May 2022

A small fleet of fully electric Volvo XC40 Recharge electric cars will be used as taxis and charged wirelessly at stations in Gothenburg, Sweden.

The wireless charging trial will be run for three years and is one of many projects outlined within the Gothenburg Green City Zone, under which designated areas within the city are used as live test beds for the development of sustainable technologies.

Mats Moberg, head of research and development at Volvo Cars, said: “Gothenburg Green City Zone lets us try exciting new technologies in a real environment and evaluate them over time for a potential future broader introduction.

“Testing new charging technologies together with selected partners is a good way to evaluate alternative charging options for our future cars.”

The charging stations, which will be used in the test by Cabonline, the largest taxi operator in the Nordic region, will be provided by Momentum Dynamics.

Charging starts automatically when a compatible vehicle parks over a charging pad embedded in the street, allowing drivers to conveniently charge without getting out of their car.

The charging station sends energy through the charging pad, which is picked up by a receiver unit in the car.

To align the car with the charging pad, Volvo Cars will use its 360-degree camera system.

For the fully electric XC40 Recharge cars, the wireless charging power will be more than 40kW, making the charging speeds around four times faster than a wired 11kW AC charger and almost as fast as a wired 50kW DC fast charger.

In total, the Volvo cars will be used for more than 12 hours a day and drive 100,000km per year, which also makes this the first durability test of fully electric Volvo cars in a commercial usage scenario.

Other partners involved in the wireless charging project include the company’s own Swedish retailers Volvo Bil and Volvo Car Sörred, Swedish energy company Vattenfall and its charging network InCharge, the city energy company Göteborg Energi, and Business Region Gothenburg, a municipal economic development agency owned by the City of Gothenburg.

Last year, Volvo took part in launching the Gothenburg Green City Zone initiative, which aims to achieve emission-free transport by 2030.

Using a real city as a testing ground, it says, enables the company to accelerate development of technologies and services in the areas of electrification, shared mobility, autonomous driving, connectivity and safety.  By Graham Hill thanks to Fleet News

Latest Euro NCAP Safety Ratings Revealed

Friday, 6. May 2022

Euro NCAP has published its first results of 2022, with the Volkswagen Polo and crossover Taigo both earning five stars.

The Megane E-TECH, the first Renault model based on their new dedicated electric vehicle platform, also achieved the top safety rating, as does the new Lexus NX.

The BMW 2 Series Coupé was awarded four stars.

Secretary general, Michiel van Ratingen, said: “Euro NCAP has been setting the standard for car safety for twenty-five years. The next 10 will bring huge challenges, with assisted and automated driving very much at the forefront of the changes ahead.

“Our focus on ADAS – advanced driver assistance systems – over the last ten years or so makes us well-placed to rate these new aspects of vehicle technology and to continue to provide key information to car buyers in the future.”

Euro NCAP has also published the ratings for the Volkswagen ID.5, sharing the 2021 five-star rating awarded to the nearly identical ID.4, and the Ford Tourneo Connect, twin of the 5-star Volkswagen Caddy.

July 2022 sees the introduction of new vehicle safety legislation, mandating the fitment of important safety systems such as autonomous braking and speed assistance on new vehicle types.

Matthew Avery, chief research strategy officer at Thatcham Research, said: “This first set of Euro NCAP results for 2022 represents a great start to the year from a safety perspective. And although there are several conventionally fuelled vehicles here, we are continuing to see more and more EV options for consumers with strong safety credentials.

“It’s also good to see a return to five-star form for Renault. The Megane E-Tech has high levels of all-round safety and an especially good child occupant score of 88% – making it a great EV choice for families.

“VW has added three more five-star vehicles to its range, with the ID.5, Taigo and Polo. It’s particularly pleasing to see a popular car like the VW Polo proving that it is possible to create a lower cost but still super-safe, supermini.”  By Graham Hill thanks to Fleet News

Call For Speed Cameras To Be Multi-Task Penalty Machines

Friday, 6. May 2022

The overwhelming majority of UK motorists support the use of safety camera technology to check for insurance, MOT and road tax offences, claims IAM RoadSmart.

Research, conducted by the road safety charity for its annual Safety Culture Report, revealed that almost nine in 10 (89%) motorists support the idea of safety cameras being used to spot those who flout the rules.

Neil Greig, director of policy and research at IAM RoadSmart, said: “As with previous years, the results from our Safety Culture Report demonstrate that law-abiding citizens are totally in favour of a zero-tolerance approach when it comes to catching those who are a menace to other motorists on UK roads.

“However, despite the vast majority of drivers agreeing for several years now that we should be using the widely available technology, we have at our disposal to catch illegal drivers, many police forces are yet to leverage the equipment to its full capabilities.

“The inconvenience, as well as pain and financial misery uninsured drivers often inflict on other road users should not be overlooked, meaning we should be doing all we can to deter and punish drivers who think the rules don’t apply to them.”

IAM RoadSmart says it is well known that enforcing ‘paperwork’ offences often leads to the detection of other more serious crimes.

“This is why we support drivers in their calls for cameras to be used against those who violate the rules of the road,” added Greig.

Meanwhile, there was also support among respondents for more fines to be handed to those who decide to exceed the speed limit with 82% agreeing that cameras should automatically fine drivers who go more than 10mph over the limit in school zones and urban areas.

There was also support for similar schemes to be enforced for those who decide to exceed the speed limit in residential areas and motorways, albeit to a lesser extent (78% and 64%, respectively).

Greig continued: “Speeding is simply unacceptable, and it’s encouraging to see that the public are largely in support of looking for new ways to identify motorists who are endangering the lives of others.

“Introducing automatic detection will deter drivers who are tempted to speed, which in turn will help reduce the number of casualties on our roads.”  By Graham Hill thanks to Fleet News

Manufacturer Sees The Need To Separate Its EV Business From Its ICE Business

Friday, 6. May 2022

I’ve been banging on about the need to understand that electric cars are vastly different to petrol and diesel cars and not as some suggest an automatic car with a motor instead of an engine. The auto industry has vastly oversimplified the transition to EV’s to the point where lives could be in danger.

Finally, we see Ford making the first move towards dividing there business into two, ICE vehicles and electric vehicles. Here is the article:

Ford has created two new businesses – Ford Blue will focus on internal combustion engine vehicles and Ford Model e will develop its electric vehicle (EV) offering.

Ford President and CEO Jim Farley introduced the Ford+ plan in May 2021, calling it the company’s biggest opportunity for growth and value creation since Henry Ford scaled production of the Model T.

The formation of two distinct, but strategically interdependent, auto businesses – Ford Blue and Ford Model e – together with the new Ford Pro business, will help unleash the full potential of the Ford+ plan, it says.

Farley said: “We have made tremendous progress in a short period of time. We have launched a series of hit products globally and demand for our new EVs like F-150 Lightning and Mustang Mach-E is off the charts.

“But our ambition with Ford+ is to become a truly great, world-changing company again, and that requires focus.

“We are going all in, creating separate but complementary businesses that give us start-up speed and unbridled innovation in Ford Model e together with Ford Blue’s industrial know-how, volume and iconic brands like Bronco, that start-ups can only dream about.”

Driving the change, says the manufacturer, was recognition that different approaches, talents and, ultimately, organisations are required to unleash its development and delivery of electric and digitally connected vehicles and services and fully capitalise on the company’s family of internal combustion vehicles.

The creation of Ford Model e was informed by the success of small, mission-driven Ford teams that developed the Ford GT, Mustang Mach-E SUV and F-150 Lightning pickup as well as Ford’s dedicated EV division in China.

“Ford Model e will be Ford’s center of innovation and growth, a team of the world’s best software, electrical and automotive talent turned loose to create truly incredible electric vehicles and digital experiences for new generations of Ford customers,” Farley said.

“Ford Blue’s mission is to deliver a more profitable and vibrant ICE business, strengthen our successful and iconic vehicle families and earn greater loyalty by delivering incredible service and experiences.

“It’s about harnessing a century of hardware mastery to help build the future. This team will be hellbent on delivering leading quality, attacking waste in every corner of the business, maximising cash flow and optimising our industrial footprint.”

Ford Model e and Ford Blue will be run as distinct businesses, but also support each other – as well as Ford Pro, which is dedicated to delivering a one-stop shop for commercial and government customers with a range of conventional and EVs and a full suite of software, charging, financing, services and support on Ford and non-Ford products.

Ford Model e and Ford Blue will also support Ford Drive mobility.  By Graham Hill thanks to Fleet News

National Highways Campaign Targeting Tailgaters

Friday, 6. May 2022

Drivers are being warned about the dangers of tailgating after cameras captured 60,000-plus incidents on a stretch of the M1 in a single year.

Eight in 10 motorists said they were aware of the ‘two-second rule’, in a National Highways poll, while three-quarters (75%) claimed they had never driven too close to the vehicle in front within the previous three months.

However, a recent trial of new tailgating cameras on a stretch of the M1 captured 60,343 incidents of vehicles driving too close over a 12-month period.

Last year, National Highways and Northamptonshire Police joined forces in the trial to raise awareness and deter tailgating.

Cameras were used on lane one of a stretch of the M1 over 12 months to automatically detect vehicles driving too close.

From the 60,343 detections, there were 10,994 repeat offenders and 2,144 letters were sent to drivers warning they had driven too close and highlighting the dangers of not leaving safe braking distances.

Drivers caught in the trial were not prosecuted but advised they had been tailgating and given educational material demonstrating the dangers of driving too close.

Driving too close to another vehicle can lead to prosecution for ‘driving without due care and attention’. This offence carries a minimum fine of £100 and three penalty points, and in some cases more severe penalties or a court appearance.

National Highways has now launched a campaign to tackle the issue of tailgating which is a factor in around one in eight crashes on England’s motorways and major A roads.

Jeremy Phillips, National Highways head of road safety, Jeremy Phillips, said: “Unfortunately, as highlighted by the M1 trial, we know that too many people are driving too close on our roads.

“Most tailgating is unintentional by drivers who don’t realise that they are infringing on someone else’s space. But not leaving enough space between you and the vehicle in front is not only very frightening for that driver, it could have devastating consequences.”

Phillips warned that closer a driver gets, the less time they have to react and to stop safely. “To avoid inadvertently getting too close to the vehicle in front, we would urge drivers to use the two-second rule and to always ‘stay safe, stay back’,” he added.

The Highway Code tells drivers to allow at least a two-second gap between you and the vehicle in front on roads carrying faster-moving traffic and in tunnels where visibility is reduced.

The gap should be wider as speeds increase. It rises to 2.4 seconds – about 53 metres – when driving at 50mph and 3.1 seconds – or 96 metres – at 70mph.

Furthermore, the gap should be at least doubled on wet roads and increased still further on icy roads.

To use the rule, drivers should allow the vehicle in front to pass a fixed object such as a lamp post or road sign then count to two seconds. If they reach two seconds before reaching the reference marker they need to drop back.

Jason Wakeford, head of campaigns at Brake, says it is vital that drivers leave enough distance between the vehicle in front in order to react in time to any sudden dangers.

“We’d urge everyone to respect the two-second rule to keep them, and others on the road, safe,” said Wakeford.

National Highways has a dedicated webpage where drivers can find more information about tailgating and what they can do to stay safe.  By Graham Hill thanks to Fleet News

Trade Body Calls For Better Car Handovers

Friday, 6. May 2022

I’ve had a few complaints regarding handovers of electric cars. During the pandemic handovers were limited to keep customers and delivery drivers safe but with the increase in highly technical electric cars being delivered customers need a much more detailed handover.

The Association of Fleet Professionals (AFP) has launched a new industry standard for car and van deliveries by dealers.

The voluntary AFP Dealer Standard consists of 28 points covering pre-delivery standards, the condition of the vehicle on handover and familiarisation with its key functions.

Paul Hollick, chair at the AFP, says that the new standard aims to ensure the vehicle is delivered in excellent condition, the driver is shown how it works and treated courteously.

“The need for this kind of benchmark has become apparent over time as a number of factors have emerged,” explained Hollick.

“Probably the most significant is that cars and vans have been rapidly becoming more complex.

“The time when a driver could sit in the seat of a new model and work out all the key functions in a couple of minutes are long gone.

“Modern vehicles require a degree of familiarisation on handover – especially in instances where drivers are adopting an electric model for the first time – in order to be used safely and effectively.”

At the same time, the AFP says the pandemic and supply issues have placed dealers and the logistics sector under considerable pressure, meaning that handover standards have varied considerably.

“What we hope to encourage is a high degree of consistency in important areas such as ensuring that vehicles arrive with a high level of charge,” continued Hollick.

“Dealers can sign up to the Standard for a fee by getting in touch with the AFP and committing to meet its requirements, at which point they also become a member of the organisation.

“They can then use the Dealer Standard logo in marketing materials and tenders to promote their participation in the programme.”

In talking to major dealers as part of the creation of the project, the AFP says there is a high degree of interest.

“They recognise the importance of getting this crucial element of the fleet customer experience right and the first few who have decided to take part should be announced within a few weeks,” said Hollick.  By Graham Hill thanks to Fleet News

Tougher Limits Called On Following Latest Drink Drive Figures

Friday, 29. April 2022

More than one in six of all fatal crashes involved alcohol in 2020 compared to around one in seven in previous years, figures from the Department for Transport (DfT) suggest.

Final estimates for 2020 of road casualties in Great Britain involving illegal alcohol levels revealed 220 people died in crashes where at least one driver was over the drink-drive limit compared to 230 in 2019.

Over the same period, the total number of crashes where at least one driver was over the alcohol limit was 4,620 in 2020, an average of 12 crashes a day.

Of these crashes, an estimated 1,070 were serious accidents, representing an average of around 26 serious accidents a week and only a minor fall from 1,390 in 2019.

A total of 6,480 people were killed or injured in drink drive accidents, compared with 7,800 the year before.

Neil Greig, director of policy and research at IAM RoadSmart, said: “While there has been a small reduction in the number of drink-driving related deaths and injuries compared to 2019, when you factor in the reduction in traffic due to Covid-19, the role of alcohol in fatal crashes actually went up.” 

According to separate DfT data, traffic was down by a quarter overall in 2020 – with weekdays slumping to 35% of pre-Covid levels in April.

“Possibly as a result, police carried out the lowest number of breath tests on record – nearly 50,000 fewer than in 2019,” said Hunter Abbott, managing director of breathalyser firm AlcoSense.

“Yet research shows a significant rise in alcohol consumption at home during lockdown, increasing the likelihood of ‘morning after’ drink driving.”

He added: “Police should also be testing more drivers involved in an accident. In 2020 this had declined to 39% compared with 54% in 2010.

“Of those actually tested following a collision 3,278 were over the limit – at 5.6%, that’s the highest failure rate for 10 years”.

The Scottish Government reduced the alcohol limit for drivers in 2014, from 80mg per 100 millilitres of blood to 50mg. However, the legal limit in the rest of the UK remains 80mg, the highest level in the developed world.

Scientific research shows that at the limit in England, Wales and Northern Ireland, despite not breaking the law, you are 13 times more likely to be involved in a fatal accident than when sober.

But in a poll conducted by AlcoSense, more than a third of motorists (36%) think their ability to drive is only impaired if they are actually over the legal drink drive limit.

Greig said: “There is no one simple answer to reducing these figures, but IAM RoadSmart believes a much smarter package of measures is needed from the Government including a lower drink-drive limit to reinforce good behaviour, fast-track of evidential roadside testing machines to release police resources and tailored approaches to help drivers with alcohol problems.

“Rehabilitation courses work, and we believe all those convicted of drink-driving should be sent on one automatically rather than having to opt in.

“More use of alcolocks – which require the driver to blow into a mouthpiece on the device before starting or continuing to operate the vehicle – and extra penalties such as vehicle forfeiture could all be part of a more joined-up approach to the problem.

“Hard core drink-drivers are simply not getting the message, and these figures will not improve until policy changes.”

Analysis by Brake shows that, between 2012 and 2019, there were a staggering 46,860 drink-driving-related crashes, causing 1,860 deaths and 13,340 serious injuries.

Jason Wakeford, head of campaigns at road safety charity Brake, said: “We need to change the culture around drink-driving, starting with more awareness that any amount can be deadly.

“While measures such as effective ongoing police enforcement and public information campaigns, including Think!, are helping to reduce deaths and injuries, Government should follow Scotland’s lead and reduce the legal limit. Such a move would make it clear to drivers that no amount of alcohol is safe when behind the wheel.”  By Graham Hill thanks to Fleet News

On-Street Charging Figures Considered To Be Pathetically Low.

Friday, 29. April 2022

I have a view on this piece. We don’t need on-street charging, first of all because the chargers that can be rigged up to street lights are the slowest you can get so even a small top-up can take hours whereas take your car to a local supermarket and you can top up quickly whilst shopping.

We certainly need more charge points in rural areas but most of those living in such areas can connect a charger to their house. A bit of creative thinking, as I point out in my book, could result in the Government subsidising the installation of chargers at Farm Shops, Garden Centres, Pubs, Shops and even Church car parks.

They will not only provide a charging facility but also encourage customers/worshipers. That’s what I think!

On to the report:

New figures show the growing disparity between the relative success of electric vehicle (EV) charging device grant schemes.

The Department for Transport (DfT) statistics show there are more 250,000 home charging devices, but just 2,038 devices installed through the on-street residential charging scheme.

As of January 1, the Office for Zero Emission Vehicles (OZEV) funded grant schemes – the Electric Vehicle Homecharge Scheme (EVHS) and its predecessor the Domestic Recharging Scheme (DRS) – had delivered 277,030 domestic charging devices since 2013, with 88,624 device installations funded since January 1, 2021, an increase of almost 60%.

Meanwhile, the Workplace Charging Scheme (WCS) had funded the installation of 22,977 sockets in workplace carparks at the start of the year since the scheme started in 2016.

It had funded 9,648 sockets installations since January 1, 2021, an increase of 72%.

However, as of January 1, the On-Street Residential Charge Point Scheme (ORCS) had funded just 2,038 public charging devices for local authorities in the UK.

The DfT says that 435 on-street charging devices were installed after being claimed for by the local authorities in the previous three months, while funding has also been awarded for 4,539 additional ORCS charging devices to be installed in the future.

Jack Cousens, head of roads policy for the AA, said: “On-street residential charge points are key for the 40% of households without dedicated off-street parking and we need to see significant investment in this area.

“As a previous AA investigation showed, many councils don’t have plans to install on-street chargers and some that have been granted funds have used it to install in town centre car parks.”

The AA found that just one in six English councils had installed on-street charge points in residential areas in 2020.

Cousens continued: “There is also a danger that policy-makers think on-street charging is only an urban issue, but there are many rural communities that need on-street charging infrastructure.”

The AA is also urging the Treasury to cut VAT to 5% for on-street charging, mirroring domestic charging rates to avoid the creation of a two-tier system.

“We also believe that the scaling back of the home charging grant from 1 April sendt the wrong message at a time when EV sales are booming.

“With the right incentives and support, the Chancellor could have turbo-charge the electric revolution in his Spring Statement.”

The Association of Fleet Professionals (AFP) has been asking fleet owners and operators to provide information on the locations of their current and expected demand for kerbside charging facilities.

It is using the data to construct a national map showing street-by-street demand for electric vehicle (EV) kerbside charging. By Graham Hill Thanks To Fleet News