Offensive Weapons Bill

Written evidence submitted by the Independent Automotive Aftermarket Federation’s (IAAF) (OWB182)

1.0 Introduction

The Independent Automotive Aftermarket Federation’s (IAAF) is a UK trade association whose prime function is to promote and secure the future of the independent automotive aftermarket to the benefit of our members and the sector as a whole. As such, the IAAF represents the entire independent automotive aftermarket supply chain, comprising manufacturers, parts suppliers, warehouse distributors, buying groups, motor factors, independent garages and service companies associated with the industry.

The submission is being made by Wendy Williamson, Chief Executive of the IAAF.

2.0 Executive Summary

This piece of legislation, which is normally outside of our sphere, has come to our attention as it may have unforeseen consequences to anyone selling cars, motorbikes and/or batteries. Whilst we fully support the aims of the legislation to control the sale of offensive weapons, we have concerns around the scope of the bill for corrosive products, particularly batteries.

The way the bill is currently worded will mean that this piece of legislation will have a major impact on the sale and supply of a wide range of products, many of which the bill probably has no real intention to restrict. We therefore urge you to reconsider the following:-

· Batteries that conform to the United Nations UN2800 standard, which are sealed VRLA, non-spillable and free from any unabsorbed liquid should be exempt from the regulations.

· Reconsider some of the wording so that it does not cause widespread disruption to the sale of automotive batteries and products which are subsequently sold containing batteries. The legislation should address those using these substances with ‘harmful’ intent rather than penalising the running of everyday businesses.

3.0 Batteries in the Automotive Sector

There are two main types of battery used in our sector and as the proposed regulation is currently worded, there is no distinction between the two types. These are described below:-

· Wet flooded type lead acid batteries from which acid could be drained (UN2794 standard.

o The market for traditional ‘lead acid’ batteries tends to be older vehicles and will also include classic cars and motor cycles. However, with a car parc of over 36 million vehicles there will still be a large number of vehicles fitted with these traditional batteries.

o A new generation of enhanced flooded batteries (EFB) which are sealed units are increasingly being used in hybrid vehicles.

o A change in the law introduced in July 2018 and primarily affecting motor cycle batteries, now prohibits the sale of acid over the counter. Retailers now have to fill the batteries for the end user over the counter as it is sold.

· Non-spillable Valve Regulated Lead Acid (VRLA) batteries with Absorbent Glass Mat (AGM) construction, from which extraction of acid is not possible (UN2800 standard and IATA Special Provision A67 for air freight).

o Non-spillable VRLA batteries with AGM construction are now widely used in many types of car, motorcycle and other automotive applications. These batteries typically contain more than 15% w/w sulphuric acid.

o VRLA batteries with AGM construction are sealed with valve regulation. Non-spillable as defined under the UN2800 standard states that the acid will not flow from a cracked or ruptured case and that the battery is free from any unabsorbed liquid. In practice this means that if you make a hole in the battery or even cut it in half no corrosive substances will leak from the battery.

4.0 Specific observations on the proposed legislation

The comments we are making refer to three specific points of the legislation as we feel that the current wording has unintended consequences for the automotive sector, which I have described below.

1:1 A person commits an offence if they sell a corrosive product to a person who is under the age of 18.

The wording does not currently distinguish between selling corrosive products as a separate pack or where they are sold as part of a product (e.g. a battery), or where these products are an integral part of another product (e.g. a car).

Section 1 of the bill defines a corrosive product as being a product that contains more than 15% sulphuric acid w/w so this would cover all VRLA lead acid batteries, motorcycle and car batteries sold in vehicles today and would therefore fall into scope of the legislation.

Thus, it would potentially be illegal according to the current scope of the bill, for anyone under 18 to buy or own an automotive battery and therefore own a car or motorcycle.

3.2 The seller commits an offence if, for the purposes of supplying the corrosive product to the buyer, the seller delivers the product, or arranges for its delivery, to residential premises.

As above, it would also be illegal for anyone to have a battery, or again a car or motorbike delivered to their residential address as the vehicle contains a corrosive liquid. This would also impact on hire cars being delivered to residential addresses.

As it stands the current wording would also effectively make it impossible to sell or deliver any type of battery on-line. Please see section ’Other implications’ below where there are more far reaching consequences.

5.1 A person commits an offence if they have a corrosive substance with them in a public place.

As above, it would also be illegal for anyone to take their car, motor cycle or commercial vehicle into a public place as the vehicle contains a corrosive liquid within the battery.

5.0 Other Implications (non-automotive related)

The way the bill defines a corrosive substance means that its regulations will have a major impact on the sale and supply of a wide range of products, many of which the bill probably has no real intention to restrict.

A similar situation would also occur, for example, with an electric wheelchair or mobility scooter used by a disabled person as they would contain a "corrosive product" i.e. their batteries.

VRLA lead acid batteries are also found in:-

· Children's toys including electric scooters and ride on toys

· Burglar alarms,

· Emergency lighting,

· Powerful torches/lamps,

· Home gym equipment,

· Disability aids

· Lawn mowers.

Many of these types of equipment use relatively specialist batteries that are not typically available to buy over the counter, so most people have no alternative but to buy them on-line; the bill as it stands would make their sale on-line illegal.

6.0 Conclusions and Recommendations

This piece of legislation, which is normally outside of our sphere, has come to our attention as it may have unforeseen consequences to anyone selling cars, motorbikes and/or batteries. Whilst we fully support the aims of the legislation to control the sale of offensive weapons, we have concerns around the scope of the bill for corrosive products, particularly batteries.

The way the bill is currently worded will mean that this piece of legislation will have a major impact on the sale and supply of a wide range of products, many of which the bill probably has no real intention to restrict. We therefore urge you to reconsider the following:-

· Batteries that conform to the United Nations UN2800 standard, which are sealed VRLA, non-spillable and free from any unabsorbed liquid should be exempt from the regulations.

· Reconsider some of the wording so that it does not cause widespread disruption to the sale of automotive batteries and products which are subsequently sold containing batteries. The legislation should address those using these substances with ‘harmful’ intent rather than penalising the running of everyday businesses.

W. Williamson

Chief Executive

September 2018

 

Prepared 11th September 2018