Faulty towbar

[Buckman]

Just to be clear it is not us with this issue, but an acquaintance. They bought a old Landrover Discovery recently from a dealership to tow their horsebox. On a dual carriageway travelling at about 50mph the horsebox parted company from the Landrover. The detachable towbar had detached itself from the vehicle for no reason. Luckily the breakaway cable reacted and braked the horsebox saving their lives and perhaps the lives of others. It was a towbar that was a standard fit on Landrovers of that age and done by Landrover.
On contacting Landrover regarding the issue, the new owner was informed that Landrover had issued a recall on that type of towbar and ball and replaced the detachable with a fixed towbar. Obviously the previous owner had not taken the vehicle to Landrover for the recall.
As the towbar was visible to any MOT inspector without needing to remove anything surely at sometime the recall should have been picked up at a MOT at some point? Also as bought from a dealer is it now the responsibility of the dealer to replace the towbar of offer a partial refund?
As said, it is not an issue with our vehicle.

 

[ProfJohnL]

It is not the the remit of the MOT to check or verify if manufacturers recalls have been carried out.

The way an MOT is carried out it only has to look at the vehicle as presented. They are not permitted to remove covers to expose features that are part of the normal MOT test.

 

[Buckman]

It is not the the remit of the MOT to check or verify if manufacturers recalls have been carried out.

The way an MOT is carried out it only has to look at the vehicle as presented. They are not permitted to remove covers to expose features that are part of the normal MOT test.

Okay thanks. The question was mine for interest however I am aware that if a recall is not done, there may be insurance implications if the incident is a result of not having the recall done. In this case the new owner would not have been aware of the recall and probably unlikely the insurance company are aware of the recall.
Any thoughts on where responsibility lies rectifying the issue? I would have thought that any reputable dealership would check for any recalls on any vehicle they sell. Otherwise apparently for its age the car is in tip top condition.

 

[otherclive]

Okay thanks. The question was mine for interest however I am aware that if a recall is not done, there may be insurance implications if the incident is a result of not having the recall done. In this case the new owner would not have been aware of the recall and probably unlikely the insurance company are aware of the recall.
Any thoughts on where responsibility lies rectifying the issue? I would have thought that any reputable dealership would check for any recalls on any vehicle they sell. Otherwise apparently for its age the car is in tip top condition.

If it’s not a franchised dealership they may not have any parts access, and may not want the hsssle of getting a car to a franchise. But it’s not a good situation for the new owner, aklthough notifying a new owner to get a recall attended to is something they could do After all it’s not something likely to put prospective owner off of a purchase. But thier duty of care is a factor in any discussion as a company selling cars they should be aware of recall if the system allows access to recall details and car status.

 

[Buckman]

Thanks both for your input as appreciated. Interesting to know especially regarding MOT.👍

 

[ProfJohnL]

The driver of a vehicle is responsible for ensuring the vehicle is in a roadworthy condition. So it follows the driver is also responsible for ensuring the vehicle is rendered up to have any essential or safety related recall works to be carried out.

The manufacturer is responsible for publicizing and or attempting to contact keepers to arrange to have essential recall work to be carried out. But they can't force a keeper to have it done.

 

[Buckman]

The driver of a vehicle is responsible for ensuring the vehicle is in a roadworthy condition. So it follows the driver is also responsible for ensuring the vehicle is rendered up to have any essential or safety related recall works to be carried out.

The manufacturer is responsible for publicizing and or attempting to contact keepers to arrange to have essential recall work to be carried out. But they can't force a keeper to have it done.

In this case the driver took delivery less than a week before the incident and was not told of the pending recall by the seller. The DVLA probably only notify the registered owner so probably would take a few weeks to filter down to the current owner.

 

[littlebasher]

When you say 'old', just how old was the Disco they bought?

Got to be honest, i'm not sure i would ever have been comfortable buying an older car and then assuming it's okay to pull a couple of tons of trailer just because it has a tow bar fitted.

Any car i've bought that already had a towbar fitted, i always made sure all the bolts were torqued up and it wasn't a rusty mess. Served me well for an old Cortina i bought, where the towbar was just bolted to the rear bumper!

 

[Hutch]

When you say 'old', just how old was the Disco they bought?

Got to be honest, i'm not sure i would ever have been comfortable buying an older car and then assuming it's okay to pull a couple of tons of trailer just because it has a tow bar fitted.

Any car i've bought that already had a towbar fitted, i always made sure all the bolts were torqued up and it wasn't a rusty mess. Served me well for an old Cortina i bought, where the towbar was just bolted to the rear bumper!

I remember the 2014 Freelanders had recalls on the removable towbars, due to vibration wear on the locking parts.

 

[Gagakev]

If you check the MOT status on GOV website before purchase it gives you Outstanding vehicle recalls. I did this with my recent Kia purchase
Just a bit of info for your future reference, doesnt help the OP's acquaintance now though.

 

[Dustydog]

This will help or confuse😉

MOT Test of Tow Bar (Towing Hook) | What is checked - MOT Test Information

Reason for Rejection of tow bar: A tow bar component insecure, fractured or excessively: worn corroded, or damaged. Tow bar assembly is attached to the vehicle structure using a mounting, support or fixing which is obviously of an inappropriate size or type.

www.motester.co.uk

Mine is detchable, but has remained firmly attached and locked for over three years .
They are not the easiest of things to attach unless you have the learnt the knack. IMO I think your mate will be hard pushed to prove who last removed and attached the tow bar. How “old” is this Discovery?

 

[ProfJohnL]

In this case the driver took delivery less than a week before the incident and was not told of the pending recall by the seller. The DVLA probably only notify the registered owner so probably would take a few weeks to filter down to the current owner.

Recalls are issued by the manufacture not the DVLA or even the DVSA. However when a car is sold second hand, the manufacture may not be notified of the new keeper, so the manufacturers will as the DVLA for the latest contact details so they can let the registered keeper know about the recall notice.

 

[Dustydog]

I tried to find JLR web site detailing their recalls. Still searching 😢Help! DVLA detail everything you need to know .
Manufacturers don’t make it easy🤬

 

[Buckman]

He bit the bullet and paid for a new towbar to be fitted. However it could have been a serious incident except breakaway cable saved the day!

 

[xtrailman]

Your friend didn't do his research before buying otherwise he would have known of the issue.

I do and have no interest in owning one.

 

[Buckman]

Your friend didn't do his research before buying otherwise he would have known of the issue.

I do and have no interest in owning one.

I would think that the majority of people buying a second hand vehicle would do the neccessary research but unlikely they would do a search for recalls.

 

[xtrailman]

There is a site that brings up any recalls, from memory you only need a reg number.

 

[Dustydog]

There is a site that brings up any recalls, from memory you only need a reg number.

The DVLA one has everything.I still can’t find the JLR one.