OTA: Blurred Line Between Modification and Evolution

Vehicles in this day and age are ever-evolving - unlike cars from the '90s, as modern vehicles now have the potential to get better than when they first left the showroom thanks to over the air (OTA) updates and hardware upgrades.

One example of this shift comes from Huawei. The company now offers older M9 SUV owners a chance to upgrade their vehicles at the factory, fitting them with new hardware like Lidar sensors, millimetre-wave radars, and satellite communication systems — all to match the latest 2025 specifications.

Xpeng Motors is taking a different but equally ambitious route. It introduced a crowdfunding program that allows owners to replace the older Qualcomm 820A chip with the more powerful 8295 version, along with a RAM upgrade, bringing new life to older models.

But as hardware upgrades become more common, the legal framework hasn’t fully caught up. 

According to CarNewsChina, Attorney Ren Chuanzhi points out that adding hardware falls under the category of vehicle modification, but the rules are still unclear when it comes to tech-focused components like sensors and chips.

At the heart of this change lies a question few are asking: where exactly is the line between a modification and an OTA update? Some might argue that OTA refers only to software upgrades while physical changes like adding Lidar or new cameras are modifications. Yet anyone with a background in car tuning knows even software tweaks aimed at enhancing performance have long been considered modifications too.

This uncertainty also affects accident liability. If upgraded hardware alters a vehicle’s behavior, figuring out whether the responsibility lies with the manufacturer, the installer, or the owner can become a legal puzzle.

Cost is another key factor. The price gap between a base model and a fully upgraded version can be as high as RMB20,000 yuan (RM12,000). In many cases, it might actually be smarter to choose the high-spec version at the time of purchase rather than upgrading later.

According to Professor Zeng Xin, hardware upgrades are rarely as simple as swapping out parts. Behind the scenes, manufacturers have to conduct rigorous testing, system tuning, and compatibility checks to make sure everything runs safely and smoothly.

For hardware-based OTA to reach its full potential, the industry will need clear regulations, standard liability rules, and car designs that are built to support future upgrades.

Professor Zeng also believes automakers should be transparent with upgrade announcements so owners can make better-informed decisions. As this trend grows, the challenge will be to strike a balance between pushing innovation forward and ensuring consumer protection.

Source: CarNewsChina