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Old 23 March 2004, 06:34 PM
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Davie
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Default Advice Needed (MOT Law)

Hello all.

Bit of a fuzzy one this.

My car has just failed it's MOT for having sparco racing pedals fitted (they have no anti-slip provisions. This is fine in itself, but the thing is, i bought the car as it sits with the pedals fitted, and the car was MOT'd before i collected as part of the deal.

I have contacted traffic police who say that this has always been the case and it it illegal to have these pedals fitted, well it won't pass an MOT with them.

now before anyone says it, i know i can just replace the rubbers for pennies, but the principle is that this particular dealerhas potentially broken the law by selling me a car with these fitted.

Thoughts???

Davie
Old 23 March 2004, 06:52 PM
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Jerome
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Some dealers have a few standard/legal parts which they use to get modified cars through MoT's. The dealer I bought my Scoob through, had a standard exhaust to get round MoT's. At least he claimed as much.

I doubt the dealer can be done for selling you a car with MoT unfriendly pedals any more than if he sold it to you with bald tyres, faulty lights etc. It is probably down to you to ensure that the car is fit to be on the road when you are driving it. There was a case when someone driving a brand new car off the forecourt was done for a faulty light a few years back. The court ruled it was the drivers responsibility to ensure the lights were working.
Old 23 March 2004, 07:00 PM
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misty
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Take it back to the dealer and get him to mot it!!
dave
Old 23 March 2004, 07:51 PM
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RichieD
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Originally Posted by Jerome
Some dealers have a few standard/legal parts which they use to get modified cars through MoT's. The dealer I bought my Scoob through, had a standard exhaust to get round MoT's. At least he claimed as much.

I doubt the dealer can be done for selling you a car with MoT unfriendly pedals any more than if he sold it to you with bald tyres, faulty lights etc. It is probably down to you to ensure that the car is fit to be on the road when you are driving it. There was a case when someone driving a brand new car off the forecourt was done for a faulty light a few years back. The court ruled it was the drivers responsibility to ensure the lights were working.
This sounds like a classic case for Trading Standards.... if you bought the vehicle with a valid MOT (provided by the seller) and it is subsequently fails a MOT due to parts originally supplied by the seller, then I would argue that the vehicle was not in a fit state in the first place and that you bought something that was "not fit for purpose".
However, the fact that you have only just put the vehicle in for a subsequent MOT would lead me to suggest that you have had the vehicle for some time (1 year?!!).... so you probably have a very weak or non-existant case..
Why not try and find the MOT station that issued the original MOT? If they pass it and you feel particularly vindictive you could always "dobb them in" for passing a vehicle which fails the MOT rules!!!
Old 23 March 2004, 08:40 PM
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MTR
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Davie,
I was talking to a chap with a 3 day old Ferrari 575 Maranello circa £180,000 worth at my local petrol station on Sunday.
The brake pedal in his car was a drilled aluminium, without any rubber non slip inserts. i think.
Look at the pictures on this website of said car.

http://www.ferrari.co.uk/collection/...o/interior.asp

You can see the shadow on the carpet showing the light passing through the drilled holes in the brake pedal.

Different rules for imported supercars with 515bhp?

Cheers
MTR
Old 23 March 2004, 09:22 PM
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albob
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may not be relevant to your argument - but here's some info.....

http://www.motuk.co.uk/manual_330.htm


alan
Old 24 March 2004, 07:28 AM
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Davie
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Brilliant. Thanks everyone!
Old 24 March 2004, 10:37 AM
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Freak
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It always helps to read the testers manual yourself- dont just take a traffic cops or testers word for it.
I had the same problem years ago on my modifed car with pedals, lack of handles, clear rear lights, lack of side repeaters, single front windscreen wiper etc.. all sorts of stuff they said point blank was illegal- which i then checked in the testers manual was perfectly legal.
I kept a printed off copy in the glovebox from then on.
Old 24 March 2004, 10:41 AM
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Dracoro
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The pedals on the ferrari probably have a 'rough' face to them (i.e. anti slip). Doesn't have to be rubber anti slip you know.
Old 24 March 2004, 11:16 AM
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ALi-B
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Yeah, some sport cars do have metal pedal faces as standard....
such as Toyota Celica 190's and Clio 172's

Could be your MOT'er is a little on the picky side. Anti slip surfaces do not have to be rubber. It just needs to be anti-slip.
Old 24 March 2004, 11:26 AM
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davegtt
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OMG. replace the rubbers, forget the principle. what a waste of every1's time and money, whats the bet another MOT station would have passed that car. some will some wont, thats the way it is, the dealer will claim negligence and say the MOT centre failed it not the dealer.

just get on with it, sound like an american, u gonna sue for getting fat eating McDees too ???
Old 24 March 2004, 11:44 AM
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Davie
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Thanks for your input dave. Honest.
Old 24 March 2004, 12:10 PM
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davegtt
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your more than welcome matey, anytime.
Old 24 March 2004, 12:54 PM
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Brit_in_Japan
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From the motuk.co.uk website "Vehicles with a smooth brake pedal pad which from manufacture did not incorporate grooves or the fitting of an anti-slip material should not be subject to rejection."

So it's OK if your drilled ali pedals are factory fitted, but not if they are aftermarket !
Old 24 March 2004, 01:13 PM
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mart360
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if my memeory serves me correctly, aftermarket drill and fit pedals

are not legal, and it states on the pack,,, (even the fax power lot state this)

if they were fitted as standard then they are ok for use,,, if not then they

contravene the regs (dont ask me for the correct wording)

i believe thats the arguemant they are using..


Mart
Old 24 March 2004, 03:58 PM
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Boro
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Same old story, factory fit is ok, aftermarket isnt.

Same as having no door handles. Perfectly legal bit an MOT failure.

Id take the car back to the original MOT station. If they fail it, ask them why they didnt fail it first time round.
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