Towball too high

[ProfJohnL]

Hello Bopeep,
From the description of what you have done I suspect you haven't understood how the regulations must be applied and your results are significantly in error. To have any chance of providing meaningful results with which to assess your particular outfit, you must adhere to the correct loading and measuring procedures.

To be legal you must be able to get the centre of the loaded tow ball to settle between 350 and 420mm vertically above horizontal ground.
The problem is: Can that be achieved with every possible trailer that can be towed? The important factor is the nose load. The EU specify that the nose load of any trailer must impose a minimum of 25kg on the tow-ball. The maximum is limited by the design specification of the tow-bar assembly.

You may wish to tow this light trailer with just the driver in the car and no additional luggage or passengers. So for the outfit to be compliant with EU regs, the ball height should settle between 350 and 420mm with just the driver in the car and a 25Kg load on the ball hitch.

At the other extreme with the nose load at the maximum allowable for the hitch, and the car fully loaded (including the nose load) the tow-ball height should still remain within the Regulations 350 to 420 window.

If the tow-ball does not remain within this height window under tall possible legal combinations of trailers and car loads, then the car/towbar is not compliant with the regulations.

The fitters of the tow-bar assembly are required to to ensure the fitting complies with the regulations. - and ultimately the driver must not drive an outfit that does not comply with the regulations.

 

[ProfJohnL]

I should add that the regulations in point are aimed at manufacturers, so the manufacturers of both car and towbar systems must ensure the systems they provide are compliant. othewise they should not be selling them for use in the EU.

With respect to the nose-load limit, the car manufacturer will specify the maximum nose-load limit thier vehicle will carry such that a properly configued towbar with the maximum nose-load applied will not drop below 350mm. This is one of the reasons that some cars do have such small trailer nose-load limits.

Something I havent previously mentioned; neither the car manufacturer or the towbar manufacture has any liability if the car has been modified by its owner, such as the fitting of different sized wheels/tyres from OEM specification or the use of suspension assistors or after market self leveling suspension systems or any other equipment that affects ride height or suspension rating.

However, the fitters of the tow-bar continue to have a duty to only fit compliant components, If they discover or suspect the fitting will not comply they must either refuse to fit it, or obtain a disclaimer from the vehicle's driver regarding compliance. Even with a disclaimer, they are still liable for workmanship and materials faults under SoGA.

 

[bopeep]

Hi Prof,
You have written a very informative letter, so much so that I have started again from scratch, and this morning have written to all I have written to before but this time putting in a load of the comments you have made as they make sense, especially about being able to tow unladen and within the law. In fact I have taken aboard all the comments made in the last 6 pages by everyone, and read all the lincs to web sites.
I have also written to the dealer who sold me the car because ultimately he is the one that matters. I have not threatened any legal action as it would be difficult here in Spain. Turning up on the doorstep of Westfalia would solve the problem, but it would be a 3 thousand mile round trip and I could probably get a correct tow bar here for less that that.
As the car is new it is unmodified with no extras.
I appreciate the time you have all given and I will with renewed effort continue to fight this to the end.
Thanks

 

[ProfJohnL]

Hello again Bopeep
I appreciate you are abroad, but that does not dimish your statutory legal rights for anything bought, supplied and paid for in the UK. The fact that you have subsequently moved abroad has no bearing on the your rights.
Again I return to the legal point that your rights rest with the seller, and not the manufactures in this case. Writing to either the car or towbar manufacture may have an effect, but you have no contract with either of them so they are not obliged to accomodate you anything they do or offer will only be a good will gester.
Exactly who is your seller? well if you used cash, or debit card, then it is the person/company that took your money and issued the invoice/recipt, but if you used credit card or other dedicated load services, then technically they are your sellers, and you should contact them as under section 75 of the consumer credit act, they also have a duty to supply goods fit for purpose jst as if they are thr car or tow-bar retailer.

 

[bopeep]

I will wait for a couple of days for a reply from the dealer, I have been searching for an e-mail address for the customer service manager, While searching I came across in google one of my own letters about the problem from the Chevrolet forum so I am sure both Chevy and the dealer must have read them.
I am getting quite annoyed about the situation now, and will resort back to the telephone as they have all the details on file.
Thanks for giving me help and advice believe my I am finding it useful
Thanks