Excluded restriction: MVA

6.—(1) The condition in this article is that the MVA agreement must not contain the excluded restriction within the meaning of paragraph (2).

(2) The excluded restriction is a restriction of the ability of an independent operator to access information, tools or training to which paragraph (3) applies in the manner specified in paragraph (4) for the purposes of providing repair and maintenance services for motor vehicles of a particular make.

(3) This paragraph applies to information, tools and training which a supplier of motor vehicles of that make—

(a) uses for the purposes of providing repair and maintenance services, or

(b) provides to authorised repairers, authorised distributors or authorised partners for those purposes.

(4) The specified manner is a manner which does not put the independent operator at a disadvantage as regards the provision of repair and maintenance services compared to authorised repairers, authorised distributors and authorised partners.

(5) The restriction is not an excluded restriction if it falls within article 5(2)(b) (hardcore restrictions: MVA).

(6) In this article—

“authorised partner”, in relation to motor vehicles of a particular make, means a person, other than an authorised distributor or authorised repairer, with whom a supplier of such vehicles has entered into a contract for services;

“independent operator”, in relation to motor vehicles of a particular make, means a person, other than an authorised distributor, authorised repairer or authorised partner, who is directly or indirectly involved in the repair and maintenance of such vehicles, and may include—

(a)

a supplier of spare parts,

(b)

a supplier or distributor of repair and maintenance tools,

(c)

a publisher of repair and maintenance information,

(d)

an automobile club,

(e)

a roadside assistance operator,

(f)

a person who provides inspection and testing services,

(g)

a person who provides training to independent repairers, and

(h)

an owner or operator of a fleet of motor vehicles;

“repair and maintenance information” means information to which paragraph (3) applies, and includes vehicle information;

“vehicle information” means—

(a)

data which is generated by a part or system of a motor vehicle, and

(b)

any information which is required for the purposes of interpreting that data.