Towbars on Second Hand Cars

[Ogre]

Just had an interesting, and quite frightening, subject come up on a Car forum to which I subscribe.

Guy has bought his newish (2004) car from a dealer, and whilst inspecting it some months later he's noticed that his towbar is a very lightweight job, with virtually no really solid anchorage points suitable for towing anything substantial.

Call to the previous owner revealed that he had had it made up by a local engineering shop with which he did business, and that all it ever towed was a small 6x4 trailer (for which without doubt, it would have been perfectly adequate).

I just dread to think what would have happened had he attached a nice 6 berth caravan to it!!!

You see a towbar on a car, and .....well it's a towbar.......

Anyone looked at theirs lately!!!

Quite scary really!!

 

[Ogre]

PS. I KNOW (like probably most caravanners know) that there are legal requirements for manufacturing and fitting towbars etc etc etc.....but clearly this will not be the only home-made job out there.

 

[Steve L]

Many years ago a firm called Dixon Bate, actually made a clamp on tow bar!!

Mind you, then cars had dirty great chrome girders for bumpers.

I have bought cars with tow bars andwhat I do is first of all check for a manufacturers plate and also get the franchise dealer to show a drawing of the bar for that car. Both of which should give a good indication if the bar on the car is genuine or one made by "bodge it & scarpper".

If in doubt buy a new tow bar andstaart from fresh. I do that with cam belts on engines. It's purely that I can then guarantee that I will have a defined known start point from which I can look after my car.

Steve.

 

[Lutz]

Clearly, the towbar described did not meet legal requirements, so in effect, you have been sold a car which is illegal, and at the very least, one which was unsuitable for the purpose. I don't know whether you would have any chance for recourse action but it just goes to show that one should look for the EU type approval number on the towbar of any used car before buying it.

 

[Ogre]

Just out of interest on this subject, I spoke to my Brother in Law last night. He's a barrister. He is of the opinion that a claim on this basis would fail.

The fact is, that the person has bought a CAR. Not a towbar.

No litigation could be considered, reference an 'accessory' not originally fitted by the Car Manufacturer when the vehicle was new, or by one of their approved official dealers.

It's BECAUSE it's an accessory (whether legally constructed or not) that there could be no claim. (Many cheap accessories that come in from countries such as China ' do the job', but whether they are to BS standards is anothe thing!!)

The buyer should have satisfied himself (as with buying any second hand item whether from a dealer or privately) before buying the car, that if he was going to use it for towing that it met his requirements and in this case, that it had a strong enough towing hitch for whatever he was going to tow with it.

He should not have ASSUMED this.

Fitted extras (accessories) are not covered by any sort of warranty whatsoever, except to the original purchaser of that accessory at the point of sale, and almost never transferable to a new owner. When buying a second hand vehicle, the warranty would certainly only extend to parts and labour reference the original vehicle manufacturers specification as to the vehicle supplied. In other words, to the car only, and then only to an unmodified vehicle.

As an illustration, he quoted a recent case of a man who bought a second hand vehicle which had blue tinted fog lights which (unknown to him) flashed when switched on.

He was pulled up by the police who subsequently prosecuted him for impersonating an emergency vehicle, an imprisonable offence. He tried to blame the garage saying that he should have been made aware of them when he bought the car. He was heavily fined, and narrowly escaped being sent to prison.

The garage, although called to court, were not held liable, because their obligations were to replace or repair the vehicle or its parts, under their warranty in respect of manufacturers parts ONLY. They too were unaware of the 'problem', but as the lights were 'non-standard' there was no reason or obligation for them to have known.

Message. Check those towbars when buying Second Hand!!

 

[Lutz]

I am deeply shocked by the reaction of the court in the case that you described, Keith. I really think it is too much to expect the average purchaser of a used car to be able to check whether or not any illegal features have been added to the vehicle after it left the factory. When buying a car, I'm buying any accessories that have been fitted, too, and surely I have a right to expect the same warranty on them as on the car. Otherwise, the seller would be dealing with double standards.

 

[ProfJohnL]

Hello Lutz,

In relation to Keiths answer regarding the towbar, at this stage his response is only an opinion, it has not been tested at law.

I agree that it is not realistic for consumers to be fully conversant with all regulations, and that is one reason why we rely on traders who should be more knowlegable about the products they sell.

In my view the car would not be faulty, only the towbar, and that would only be an issue if as part of the negotiations for the purchase of the car, the towbar became was sited as a reason for choosing the vehicle over another and thus forms part of the contract for sale.

Subsequently if there were a failure of the towbar or its mountings when used then a claim for damages might have greater success because of the unapproved nature of the installation, and the fact that the dealer was aware that the towbar was to be used by the customer and should therfore have satisfied themselves it was fit for purpose. As a motor trader it is well within the remit of that business to be aware of regulations concerning the fitting of towbars.

I have come across some car dealers that always remove towbars from vehicels, partly becuse of the asthetics, but mainly becuase a tow bar suggests the vehicle may have had a harder life. But now ther is a new reason - in case it does not conform to regulations.

 

[Ogre]

"When buying a car, I'm buying any accessories that have been fitted, too, and surely I have a right to expect the same warranty on them as on the car."

Lutz

No, Lutz. The warranty extends SOLELY to the CAR. Next time you buy a Second Hand car, check the small print. Any 'add ons' are specifically excluded, and it seems to be common Motor trade practice.

Can't blame them really. Some of these accessories are made in foreign parts, and of decidedly dubious quality.

Anyway........I aint going to argue with a barrister!!!

 

[BrianStAlbans]

When we have cars for sale with towbars the new owner is asked if they would like it removed .If they decide to leave it fitted it is made clear that tow towbar is not guaranteed in any way. The same applies to after market accessories like alarms etc.

Brian.

 

[Lutz]

I'm not argueing if the small print says so but still I would find it more than annoying if certain parts of that purchase are excluded from any warranty. After all, the used car dealer is not just the long arm of the car manufacturer which would perhaps make such practice understandable.

I feel that if the seller can't guarantee 100% of what he intends to offer for sale, he should remove the reminder or at least have the duty to point out specifically which components are excluded.

 

[Steve L]

I'm afraid the ownus is on you thepurchaser to validate any accessory that is fitted as a non standard part to a car.

I'm suprised that Brian doesn't do what most dealers do, and that is to remove the tow bar anyway, which does two things.

1/ Hides the fact that the car might just of covered 50k miles out of 60 towing huge trailers. Which often put's non towing buyers off.

2/ Take it off so that the new owner has to fit his own bar, thus putting the ownership firmly in the purchasers lap.

My brother-in-law once bought a lovely Renauly 25 from "Empress" in Wales. A place known for ex fleet cars. He was told it was a trade in. When he brought it to show me I asked why it had got two dirty great high security locks on the boot and an alarm as loud as an air raid siren? Then I also noted that compared to my 25 Monoco which had lowered suspension his was a good inch lower than mine at the back. Then on lifting the boot carpet we found 10 drilled holes in the boot floor.

After he got the log book back we found that the last registered keeper was Cartiare the jeweller's. We contacted them and found that the car was an ex-reps car and it had been fitted with a safe in the boot. Also they wanted to have the car back to remove the tracker devices they had got fitted inside the chassis rails as they were activated and showing every movement of the car.

So the moral is buyer be ware and always check for yourself to make sure you are not conned, or mislead.

Steve.

 

[CliveV]

I think the law must be very diferent in Germany annd the UK Lutz. I seem to remember you posting some time ago about detachable towballs that in Germany the towbar has to be fitted and certified. And that if a detachable tow ball is fitted it must not be on the car when not towing?

Whereas in the UK there seems to be no rules at all.

But lets keep this quiet or else there will be an EU commission costing

 

[Lutz]

Yes, Clive, the equivalent of the MOT will check whether the towbar has the correct type approval marking and a detachable towball must be removed when not towing. They will also go over the car and check whether any accessories fitted since the last test comply with Construction and Use Regulations so the onus is on the MOT tester and not the owner.

 

[CliveV]

I like the sound of that. Not that "accessorising" a vehicle is something I have any interest in doing, but most of the "boy-racers" in the UK would rather spend money on silly go-faster rubbish from Halfords rather than keeping their vehicles in well serviced condition.

If what they did was assessed each year it stop bolt on goodies nonsence that can be a real danger.

My son had a young lad in with a Corsa where the wrong alloy wheels had been fitted and the suspension lowerred so that the body work fouled the tyres as soon as anyone sat in it. The suspension was so hard that it was difficult to control on bad road surfaces.

It had a current MOT and so was "legal".

 

[ProfJohnL]

Hello Clive,

The presence of an MOT only confirms that the elements of the MOT have been met - it does not mean the vehicle is road legal.

For example, the MOT only checks that the road lights work, with the exception of the headlights, the position of these lights is not checked against the statutory positional requirements.

The MOT does not check the size and type of tyres, only that the required number are present, and in good condition and don't foul on the body of other members, etc,

The MOT does not check the towbar yet alone if it conforms to the type approvals for the vehicle.

I thinke we have both seen vehicles that bare little resemblence to the host vehicle, and it does leave you wondering if they are truly road safe/legal.

Rebuilt vehicels where there is doubt about thier origin have to be scruitines and approved by VOSA before a regestration mark is allocated modified, but who decidess if a modfied vehicle needs to be re-scuitinised?

Hears another example fitting of an LPG conversion, The MOT does not check the installation so there could be some installations done by cowboys that are not properly certified.

 

[MikeP]

Another comment about modified hot hatches and the like.

I wonder how many of them fulfil their obligation to notify their insurer (if they are insured) of every modification? From alloys, suspension, exhausts, silly little blue lights on the bonnet, even sillier lights under the car, extra tinted glass, ECU chips, air filters etc.

As far as I am aware every modification has to be notified.

 

[CliveV]

Yep - you must ensure that all modifications are listed for the insurer. This is where I find a good broker is invaluable compared to the Large Direct Insurers.

Adrian Flux provide a list for modifications. Whilst I never modify cars as identified above, my old Range Rover had bits that wore out and so were replaced by parts that often superceded the original spec. but were of course genuine Land Rover or upgraded parts. For example the three bolt steering box developed wear and so was replaced with a ronovated 4 bolt version. Same with the Springs and Shocks - replaced with upgraded versions.

Plus the LPG conversion (LPGA Certified of course!) - all items that are modifications.

 

[Steve L]

An MOT certificate only validates the condition of a car as being the minimum standard of road worthyness at the actual time of test.

I often see the boy racers potter in with a standard exhaust system on a well modified car and fatory fitted lights all working fine. Then as soon as the test is done, they whip back home to put the 6 inch fart box back on and ditch the cat. Then put the disco led lights back on etc.

I ditch my cat on my Laguna estate as without it I get an extra 10bhp as the engine breathes freely. A quick tweak with the laptop on the AEI unit gets a smoother power band and now I have a car htat real shifts and tow like a train. Oh, I also get about 10% better fuel consumption which I didn't expect given that most of my tweaks actually increase fuel flow!!

Steve. (late 40's)