I follow the MVDT decisions and all in all I generally feel they get it pretty much right. This one though has me thinking "yea but nahh" On initial read I thought. "Fair enough" Then I rechecked the timeline and the owner statement and thought "I know exactly what's happened" http://www.nzlii.org/cgi-bin/sinodisp/nz/cases/NZMVDT/2020/214.html?query=2020
rpvr,
Dec 22, 2:54am
What I would like to know, is why the initial WOF inspection did not pick up the issues. Indeed also the second, although it's probably understandable that the inspector was a bit complacent, seeing the vehicle had aready received a WOF after the initial inspection. What liability do those two inspectors have?
franc123,
Dec 22, 3:21am
Well if the current owner has been able to prove he didn't modify it, the dealer has sold him a truck that should have had LVV cert. They sold it without one and the buyer has been compensated. Sure some things can slip through the cracks but it is ultimately their responsibility to rectify any issues re legality of what theyve sold.
stevo2,
Dec 22, 3:38am
If the owner had not modified it himself (and it "Appears" that he didnt) The dealer sold a vehicle that cannot be legally driven on our roads. The dealer should therefore pay to make it road legal - the most economical being a $600 LVV cert. If the dealer wants he/she can then take the company doing the compliance and WoF to the tribunual to get their $600 back.
differentthings,
Dec 22, 3:43am
well he proved that that it was raised before he brought and and I'm guessing the same wheels were on it too hence the need for the wheel spacers. The wheels would of come off for the compliance check but not for a wof check so that one is a bit strange though. He admitted fitting the turbo afterwards
kazbanz,
Dec 22, 3:46am
Hey guys--have a reread :-) hint---turbo.
budgel,
Dec 22, 3:48am
I think legally the right decision was made, but it looks like it only became an issue after the owner took it in to be certified for the turbo modification. It sounds like he was happy to let it slip through the system until he was called on it, or like the vendors he was unaware of it needing certification.
franc123,
Dec 22, 3:50am
#5 correct. Someone hasnt told the truth about what has happened to it between border check/compliance and the eventual sale to the first NZ owner. did anyone notice there has been a substantial time lapse between those two events?. It's clear that the dealer has been sitting on it and the mods have been carried out to speed up the sale and increase its appeal.
kazbanz,
Dec 22, 3:59am
My take on it is the exact opposite of yours. Based on three passed inspections-one whilst in his possession and the admission he had definitely modified the vehicle. The advertising pics would tell the story.
franc123,
Dec 22, 4:44am
The guy has been able to prove to the DTs satisfaction that he did not conduct the wheel/tyre mods. I think the purchaser should be at least compensated for the additional cost of certifying this, the cost of getting a cert for the turbo is really his problem since it was conducted afterwards, but clearly this isnt the view of the DT. Even if the engine was left standard the buyer was still going to be up for the cost of a new LVV cert. one day.
tweake,
Dec 22, 5:14am
there has been a fair bit of that going on, especially with new utes, and getting pinged for illegal mods when they go for wof.
franc123,
Dec 22, 6:51am
It goes further than that. Some mods with non factory approved accessories cause all sorts of headaches for dealer staff and manufacturers tech consultants when trying to diagnose problems and establish valid warranty claims. I know because I've been on the receiving end of it. It's not just restricted to wheel and tyre changes either although they are a common source of trouble. People (including many sales staff) don't realise that if the powertrain management ECU's do not have the precise wheel and tyre size info programmed in there can be trans shifting, torque converter control hill descent control, traction control and ESC issues or combinations of them.
tweake,
Dec 22, 7:22am
i must admit i have not heard of that. thats interesting as its really common for s range of sizes to be fitted. how far out does it have to be to cause issues?
franc123,
Dec 22, 7:38am
Not that much. When writing to a new ECU or reprogramming an existing one you may have a selection of say 6 different wheel tyre combos but these will be restricted to what the manufacturer offered across that range of vehicles, ie non OE options will be omitted. If you select the closet one that matches what tyre travel the wheel that's fitted has you might get lucky. I think theres an assumption being made by them that nobody is silly enough to fit a 22" wheel and a 30 profile tyre to a 4x4 crew cab truck intended for at least partial use on rough surfaces. in my opinion.
differentthings,
Dec 22, 7:53am
OK, I have broken it down for you.It clearly states the wheels and spacers were on it when he brought it and he added the turbo afterwards. Although the uncertified modifications were not discovered until June 2020 , Mr Finlay says that the modifications (except the turbo, which Mr Finlay installed) were present at the time of sale, as he has not modified those parts of the vehicle. his evidence was supported by a photograph of the vehicle taken in about April 2019, which Mr Finlay provided to the Tribunal after the hearing. That photograph shows the vehicle has been raised above its standard height, that it has aftermarket mag wheels that are larger than standard Because the breakdown of the certification costs is not clear, I consider it appropriate to deduct $100 from the cost of obtaining compliance to reflect the cost of certifying the turbo. Mr Finlay is therefore entitled to recover $600 for the cost of obtaining LVV certification.
kazbanz,
Oct 8, 2:40am
. Wow —- that all makes sense for this modern stuff. I wonder how they get around it all in the states with those ridiculously huge wheels and crazy lifts. Do they have after market ecu,s maybe
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