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Recently, the General Office of the State Administration for Market Supervision issued the 'Notice on Further Strengthening the Supervision of Remote Upgrade (OTA) Technology Recalls for Automobiles'. The notice stated that if the State Administration for Market Quality Supervision requires auto companies to use OTA to carry out technical service activities, as well as those who use OTA to eliminate vehicle defects and implement recalls, they need to be filed.
OTA was first applied to the software update of smartphones. With the advent of the era of connected cars, OTA has also been applied to cars and is becoming normal. Early car OTA was only used to upgrade car software, and as the scale of intelligent networked cars became larger and larger, many car companies also adopted hardware OTA upgrades.
IT Home understands that for OTA, Xiao Lingyun, Director of the Automobile Department of the Defective Product Management Center of the State Administration for Market Regulation, once pointed out, “Although we encourage companies to implement recalls by OTA, they cannot be evaded by OTA. Recalls, or alternative recalls. OTA is only a technical service method of recalls. It is not the same as a recall, let alone a substitute for a recall. And no matter whether the company uses OTA as a recall measure or a technical service activity, it must fulfill the obligation of filing.'
The original text of the 'Notice on Further Strengthening the Supervision of Remote Upgrade (OTA) Technology Recall of Automobiles' is as follows:
With the development of automobile intelligence and network technology, the technology of automobile remote upgrade (Over-The-Air, hereinafter referred to as OTA) has been widely used.
In order to strengthen supervision, standardize the application of OTA technology in recall work, and effectively protect the personal and property safety of the people, in accordance with the 'Regulations on the Recall of Defective Automobile Products' and the 'Implementation Measures for the Regulations on the Recall of Defective Automobile ProductsThe relevant matters are hereby notified as follows:
1. From the date of issuance of this notice, manufacturers (including companies legally established in China to produce automotive products and issue product certificates in their names, and import automotive products from outside China for domestic sales Enterprises) that use the OTA method to carry out technical service activities on sold vehicles, they shall file with the Quality Development Bureau of the State Administration for Market Regulation in accordance with the requirements of the Regulations and the Implementation Measures.
For OTA technical service activities that have been implemented from January 1, 2020 to before the issuance of this notice, producers should supplement the record before December 31, 2020.
2. Manufacturers who use OTA to eliminate defects in automotive products and implement recalls shall formulate recall plans in accordance with the 'Regulations' and 'Implementation MeasuresSubject responsibility.
If the OTA method fails to effectively eliminate the defects or causes new defects, the producer should take recall measures again.
3. Producers should follow Article 12 of the “Regulations” when they learn that the vehicles they produce, sell, or import vehicles or vehicles in the OTA implementation process are invaded or remotely controlled in the Chinese market. The article stipulates that the investigation and analysis shall be organized immediately and the results of the investigation and analysis shall be reported to the Quality Development Bureau of the State Administration for Market Regulation.
Four. Consumers, component manufacturers, software and system or data service providers, etc., who learn that manufacturers use OTA to conceal vehicle defects and evade recall responsibility can directly report to the Quality Development Bureau of the State Administration for Market Regulation.
V. The Quality Development Bureau of the State Administration for Market Regulation will organize relevant units to strengthen research on automotive OTA safety supervision technology, explore the establishment of an OTA supervision data platform, organize and carry out OTA safety technology assessment, and strengthen related recall supervision.
If a producer is found to have illegal actions such as failing to file relevant information or recall plans in accordance with regulations, failing to cooperate with defect investigations, concealing defects, or failing to implement recalls in accordance with the filed recall plan, it will be dealt with strictly in accordance with the law.
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