My new car doesn't have the mandatory safety systems. Is the manufacturer in breach?

What the Law Says

EU Regulation (EU) 2019/2144 sets binding safety requirements for new motor vehicles. It mandates the fitment of specific Advanced Driver Assistance Systems (ADAS) to improve road safety.

Regulation (EU) 2019/2144 applies to all new vehicle types (e.g., new car models) and new vehicles placed on the EU market. It introduces 15 mandatory safety systems — including autonomous emergency braking, lane departure warning, intelligent speed assistance, blind spot detection, and event data recorders.

The regulation uses a phased implementation: for new vehicle *types*, the requirements applied from 6 July 2022; for *all new vehicles* (i.e., every individual car sold), they apply from 7 July 2024. A car sold after 7 July 2024 without these systems violates EU law.

Under Directive 1999/44/EC (Consumer Sales Directive), goods must conform to the contract — including statutory requirements like EU type-approval rules. A vehicle lacking legally mandated safety systems is non-conforming, giving the consumer rights to repair, replacement, price reduction, or termination with full refund.

Statutory Text

From 6 July 2022, all new vehicle types shall be equipped with the [listed] advanced driver assistance systems.

— Regulation (EU) 2019/2144, Art. 3(1)

Statutory Text

From 7 July 2024, all new vehicles shall be equipped with the [listed] advanced driver assistance systems.

— Regulation (EU) 2019/2144, Art. 3(2)

Statutory Text

The seller must deliver goods to the consumer which are in conformity with the contract.

— Directive 1999/44/EC, Art. 2(1)

Sources