Audi A3 8V VIM

h5djr said:
Why on earth would anyone want to spend a lot of money on a brand new A3 and then spend "an arm and a leg" making that car totally illegal.
Click to expand...

Just out of interest, under what section of EU Directive or UK Statue Law does it make it a car totally illegal?

I specialize in Regulatory Compliance in certain domains, and I like to test assertions.

The current law as I understand it is derived from Regulation 109 of the Road Vehicles (Construction and Use) Regulations 1986, which states that:

109(1) No person shall drive, or cause or permit to be driven, a motor vehicle on a road, if the driver is in such a position as to be able to see, whether directly or by reflection, a television receiving apparatus or other cinematographic apparatus used to display anything other than information:

(a) About the state of the vehicle or its equipment;
(b) About the location of the vehicle and the road on which it is located;
(c) To assist the driver to see the road adjacent to the vehicle; or
(d) To assist the driver to reach his destination.


Television Receiving Apparatus - in this regulation means any cathode ray tube carried on a vehicle and on which there can be displayed an image derived from a television broadcast, a recording or a camera or computer.

The DfT advice which has been given to police forces is that :
The view of the DfT is that Regulation 109 applies to ‘television receiving apparatus’ or ‘other cinematographic apparatus’ which means it can be applied to any device that contains a display, including LCD. However the definitive view would need to come from a court of law.

It doesn't say that it is illegal to modify the car for VIM, and I can't find an amendment to Road Vehicles (Construction and Use) Regulations 1986 or to EU Directives that replaces Cathode Ray Tubes with other cinematographic apparatus, such as LED,LCD. OLED Display etc.

A point for the legal pedants I'm sure, but it may be a technicality. I'm not condoning driving and watching TV under any circumstances, but I can't find anywhere were it is illegal to modify the firmware or configuration of the car.























 
The modification itself isn't illegal, but it's clear from what you pasted that it would then make it illegal to drive on the roads.
 
  • Like
Reactions: Nimbus265
cemerson said:
The modification itself isn't illegal, but it's clear from what you pasted that it would then make it illegal to drive on the roads.
Click to expand...

That was the point I was trying to make. I spend a lot of my working life challenging the implementation of regulatory processes, for both on behalf of regulators and for customers seeking to implement systems and services that are compliant with regulations. Unfortunately that makes me a bit of a pedant, but it removes subjectivity or the perception of opinion of implementation. Thus, as an owner it is not illegal to modify the car. The car doesn't become illegal. The certification and Type Approval may become invalid under certain circumstances, but type approval requires manufacturers to demonstrate compliance and conformity with regulation, and obtain certification at a point in time. You are allowed to drill a hole in your car, or fit many aftermarket accessories for instance, but again it does not make it illegal, unless there is certain regulations preventing its use on the road under certain conditions.

European Product Liability Law also requires a manufacturer to put into place such measures that not only demonstrate regulatory compliance (through the adoption of independently verifiable Acceptable Codes of Practice and Standards), but as far as is reasonable practicable to mitigate against specific hazards which may arise while the vehicle is being operated by users. There is a hierarchy of control measures which starts with eliminate the risk (in design) and ends with punishment or users!

Watching moving images is a known and foreseeable distraction risk to drivers. The law in the UK provides a means of mitigating this specific risk, thorough a punishment. Manufacturer recognize this risk also, and therefore in accordance with the hierarchy of controls, eliminate the risk by removing the functionality in the design. Clever people find ways around this, and therefore the likelihood of the risk of an accident or an incident attributable to driver distraction increases.
 
Are you familiar with the Honda Fairings case?

That's a pretty oft quoted example in Product Liability lectures.
 

If you mean Wessinger Vs Vetter Corp over the Windjammer Fairings in 1989, then I’m aware of it, but don’t know the details.


MacPherson v. Buick Motor Co (1916) is of much more significant because it shaped modern product liability laws when the judge determined that ‘If the nature of a thing is such that it is reasonably certain to place life and limb in peril when negligently made, it is then a thing of danger. Its nature gives warning of the consequence to be expected. If to the element of danger there is added knowledge that the thing will be used by persons other than the purchaser, and used without new tests, then, irrespective of contract, the manufacturer of this thing of danger is under a duty to make it carefully. That is as far as we need to go for the decision of this case . . . . If he is negligent, where danger is to be foreseen, a liability will follow’
 
AFAIK Wessinger Vs Vetter is still pretty much relevant guidance for judgements in Product Liability cases, particularly in matters of jurisdiction, and relationships of the original manufacturer to the consumer. I've found cases as recent as 2012 that refer to the judgement.


Re enabling VIM - it is currently not illegal for the owner of a vehicle to make such a modification (as you stated above) but the use of such a device (after modification) does contravene Regulation 109, and the Met Police in 2013 have already stated that such users (drivers) of such devices (e.g.: Google Glass) that displays "directly or by reflection any cinematographic apparatus" will be prosecuted. I doubt that a court would find otherwise.



With regards to modifications....... it's only a matter of time..... ;)

The EU Roadworthiness Directive !
http://ec.europa.eu/transport/road_safety/topics/vehicles/inspection/index_en.htm
http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32014L0045&from=EN

Albeit still in draft form, but nevertheless contains the phrases:

"relevant vehicle approval legislation at the time of first registration"

"according to the date of first registration or use specified in requirements"

"unsafe modification.... which affects the road safety of the vehicle or... adverse effect on environment"

"appropriate measures to prevent adverse manipulation of, or tampering with, vehicle parts and components that could have a negative bearing on required safety and environmental characteristics of the vehicle"

"verification as to whether the relevant parts and components of that vehicle correspond to the required safety and environmental characteristics that were in force at the time of approval"


A few UK police forces have jumped the gun?, e.g.: and published:

"Big bore and sports exhaust systems are usually fitted to increase the sound emitted and this contravenes the Type Approval of the vehicle, which is an offence."
from: http://www.norfolk.police.uk/safetyadvice/roadsafety/advicetoroadusers/howlegalisyourvehicle.aspx
and https://www.durham.police.uk/Information-and-advice/Know-the-law/Pages/Vehicle-Modifications.aspx

(Although arguably the Police could cite the RTA 1988, Part 2, Construction and Use)



But the EC Whole Vehicle Type Approval is already active for LCV's up to 3.5 tonnes (April 2013) and has already affected us at work, with respect to modifying vans, to put items such as roof racks, beacons, steps, towbars, shelving etc.

Thankfully at present, the UK VCA has an amendment for such items, and we have had to put all our LCV's through the "N1 Enhancements Scheme" to prevent us presenting our modified vehicles for a second Type Approval.
http://www.dft.gov.uk/vca/vehicletype/type-approval-for-go.asp
http://www.dft.gov.uk/vca/additiona...for-goods-vehicles/n1-enhancements-scheme.pdf


I think it is only a matter of time, before modifications in the UK on passenger cars will be scrutinised under regulatory powers.
 
Last edited:
Are there any cases where it has been tested in court of law, clues might be in there...
 
Hi V8, I'm up to speed on the intended changes. My background is in aviation and the introduction or a similar technical framework (by the EU /EASA) over the past couple of decades has significantly reduced technical failures. The EU Roadworthiness Directive derives much of its philosophy from Airworthiness Directives.
 
EASA has done sod all to reduce technical failures. All it's done is increase paperwork! It's badly thought out and a lot of nonsense.

For example - you have to have an EASA Form 1 to install a new instrument or piece of equipment in an aeroplane, but not for a removable thing (ie, that attaches with Velcro each flight). Not which one of these is more likely to detach and hit you in the head in the event of a crash? They don't have a clue what they are talking about. I'm sure most in the aviation community won't forget the time they tried to mandate that all balloons must land into wind... that one even made the BBC it was so ridiculous!
 
I see what you did there:thumbs up:... but then I knew someone would!
 
You may even like the "How do planes fly" bit in the FAQ then! :p
 
  • Like
Reactions: airbus319
Hi,

I wonder do you still have that zdc file somewhere? I have all cable and software but need that file.

Thanks
 
kalil said:
Hi,

I wonder do you still have that zdc file somewhere? I have all cable and software but need that file.

Thanks
Click to expand...
Files are available for download if you are registered.

Edit: Just to add... ZDC files are linked to your unique SIM number, and cannot be shared.
 
You must log in or register to reply here.

Similar threads

zippster
2013 Audi A3 VIM?
Replies
1
Views
2K
Alan Porter
Alan Porter
M
Vim
Replies
20
Views
4K
h5djr
h5djr
S
VIM 2018 audi s3?
Replies
10
Views
5K
Son N
S
nadsi77
audi a3 8v
Replies
4
Views
2K
Vertigo1
Vertigo1
nadsi77
audi a3 8v
Replies
5
Views
2K
mfspen
M
Top
Back