CTSI Has its say

CTSI Has its say

CTSI HAS ITS SAY Some of the institutes contributions to government policy debate Technical changes to vehicle legislation Advertising Advertising of electronic cigarettes Prepayment meters: nal proposals Introducing roadworthiness testing for fast tractors and other technical changes to vehicle legislation Department of Transport, November 2016 In responding specically to the sections of this consultation dealing with car clocking, CTSI points to HPI and Experian data showing car clocking is on the increase. This suggests current consumer protection is inadequate and needs government revision. The direct relationship between mileage and the price of a vehicle means clocking has a clear impact on consumers. Also, any changes to mileage may lead to routine maintenance being missed, with potential safety implications. While the act of clocking to inuence a sale is prohibited by the Consumer Protection from Unfair Trading Regulations 2008 and the Fraud Act 2006, the burden of proof to show that clocking is done to inuence a sale and increase vehicle value makes it difcult for stretched trading standards departments to take action where clear wrong is taking place. This a challenge in itself, and one that does not take into account personal contract purchases (PCPs). The growth in the PCP vehicle market which can include capped annual mileage is a growing incentive for consumers to adjust their mileage to avoid penalty fees. Although the government has made mileage records compulsory at MoT tests, the rst test for most vehicles is after three years longer than most PCP contracts so this has not helped in these potential clocking scenarios. To further reduce the opportunity to clock, CTSI believes mileages should also be recorded on V5 documents, and wants clarity through legislation that will not only prevent consumers from being duped, but also maintain safety and promote legitimate trading. To help clarify the legitimate reasons for adjusting mileage, only the manufacturer should be permitted to do this and for a genuine reason. Third-party adjustment should be illegal, and vehicle manufacturers should be encouraged to build in anti-tamper mechanisms or backup data (cloud databases) actively to prevent third-party tampering. Lead officers: Tim Milsom and Gerald Taylor For more details, and to contribute to consultations such as these, visit www.tradingstandards.uk Credits Images: Yuliyan Velchev / NAS CREATIVES To share this page, in the toolbar click on You might also like CTSI has its say November 2016 / MPIX / Shutterstock Advertising of electronic cigarettes Committee of Advertising Practice and Broadcast Committee of Advertising, October 2016 CTSI is broadly supportive both of business and of the approach taken by the Committee of Advertising Practice (CAP) and the Broadcast Committee of Advertising (BCAP) to the advertising of electronic cigarettes. However, in this developing area, it is critical that clear guidance to accompany several principle points and ensure that businesses comply with the new requirements is produced and then regularly reviewed, to keep pace with the changes in this market. CTSI agrees that CAPs proposal to prohibit advertisements with the direct or indirect effect of promoting nicotinecontaining e-cigarettes and their components which are not authorised as a medicine/medical device is consistent with the law. Also, that the prohibition should apply to advertisements for non-nicotine and rellable products that can be relled with nicotine-containing e-liquid. On the question of whether advertisements for such products would be lawful under the Tobacco and Related Products Regulations 2016 so that CAP does not need to prohibit them CTSI agrees, but has concerns about the ease, or otherwise, with which a consumer can distinguish between prohibited, nicotine-containing products and non-nicotine versions. On whether a claim is factual or promotional, CTSI suggest that generic claims such as safer than and less harmful than may require special consideration. As far as allowing advertisements for e-cigarette retailers is concerned, CTSI is supportive, in principle, of the need for businesses to advertise, so long as they do not refer to products that cannot be advertised. However, it believes this will be difcult if not impossible to achieve. On the question of advertising their services on TV and radio, CTSI is concerned that retailers will take advantage of other methods to promote their products indirectly, through use of colour, imagery and name all of which the tobacco industry has used over many years to promote/advertise its products. Lead officer: Jane MacGregor For more details, and to contribute to consultations such as these, visit www.tradingstandards.uk Prepayment meters installed under warrant: nal proposals Office of Gas and Electricity Markets, November 2016 Although the energy industry is regulated by the Ofce of Gas and Electricity Markets (Ofgem), trading standards can still use consumer protection legislation to deal with issues under criminal law where energy providers and their agents have acted inappropriately. CTSI is concerned that consumers who are unable to pay their energy bills, for whatever reason, need adequate protection, and that adequate legal provisions should remain in place to ensure that access to gas and electricity is only withheld by the authority of a court. However, clear recognition is needed that a households failure to pay for energy may not always be their deliberate choice, but can be caused by any number of vulnerability factors. All those involved in the energy supply chain need to be alive to issues of customer vulnerability, and to take these factors into account where appropriate. Where a pre-payment meter (PPM) is tted, CTSI is concerned that the associated costs can sometimes approach 1,000, which if added to the customers debt for repayment over a set period of time will simply make already high tariffs even more expensive, potentially causing extreme hardship. So it supports a cross-industry cap of up to 150 being applied to the whole process of installing a PPM. This may not lead to the recovery of all the tting costs involved, but will certainly incentivise the energy industry to streamline and evaluate its processes, which it may not be doing quite as vigorously as it could. Once a PPM is installed, CTSI believes customers should be entitled to the lowest tariffs available, and not automatically put onto the more expensive tariffs. This will give the customer the best possible chance of paying off the 150 installation cost over a set period of time. Lead officer: Steve Playle For more details, and to contribute to consultations such as these,