Dodgy Roadworthy Problems - What Do I Do?

[dmr]

Hey guys,

I just recently brought a run around car the other day. It's a 95 Civic and roadworthy was supplied from the (private) seller with the sale.

When I went to test drive/check it (before I brought it) I noticed an oil leak coming from the sump area. The brakes also made driving noise (without brakes applied) and shuddered a little bit under braking. I let the seller know, and he mentioned that the mechanic who would do the RWC was his friends shop. I let the seller know that I wanted the stuff fixed since it was going to be my run around car.

Anyways when I went to pick up the car the seller mentioned that his mechanic said the brakes were fine and everything was all clear. Since I was in a hurry I signed the transfer papers, got the RWC from the seller and handed over the cash; but without checking the oil or anything until I got it home.

It seems that on the roadworthy the car passed the brake test (now compulsory with all RWC's) and nothing was fixed/said about the oil on the RWC. These are 2 fair problems, which I don't think the mechanic has any defense of saying they happened after he gave out the RWC.

The car is still in his name since I haven't had time to transfer it over yet, and I haven't let him or his mechanic know about it yet.

I'm really inclined to do something about it, so has anyone been in a similar situation where the RWC they got was dodgy?

What was the outcome? What should I do? Should I go and get a roadworthy test from another mechanic and notify the mechanic who gave the dodgy one?

Cheers in advance

Edited January 17, 2011 by dmr

[ForceFedVL]

NOOOOOOOO!!!!! dogde rwc are our friends.

prolly get flamed for that comment but oh well.

maybe just go hit the mechanic up and see what he says about it, im sure he wont want to be reported.

Just have a word and take it from there I reckon.

[Cowboy1600]

A minor oil leak is not a road worthy issue.

And as long as the brakes operate to the criteria set out in legislation and they have nothing more than a very minor shudder, then they too are ok.

Many mechanics would not pass either, as fixing the problems means $$$ for them, but by the sound of it the RWC wasn't dodgy.

If it was, can you tell me the name of the mechanic? I need someone to give me a relaxed RWC

[dmr]

NOOOOOOOO!!!!! dogde rwc are our friends.

They were my friend too when the Skyline needed a quick fix, but this isn't the case

A minor oil leak is not a road worthy issue.

And as long as the brakes operate to the criteria set out in legislation and they have nothing more than a very minor shudder, then they too are ok.

Many mechanics would not pass either, as fixing the problems means $$$ for them, but by the sound of it the RWC wasn't dodgy.

We're not talking minor leakage/condensation/over time, we're talking not being able to distinguish which part of the sump it's leaking from because there's oil everywhere, and leaving oil drops on the floor after being parked for 30 mins.

There was a couple other small things which weren't fixed that I didn't mention, like one of the tail lights not working (they weren't working before I got the car too) so it's pretty obvious it was a dodgy.

I just basically want to know if anyone has gone down this road before where a mechanic refuses to fix it, so I can prepare myself.

[Cowboy1600]

What's the date on the Roady?

[FJ20DR30]

Dont be so sure its dodgy you want to be very sure before you accuse people of such things.. i agree that he should have fixed the items you asked.. that is if he agreed to fix them.?.

but you need to be so careful id just give the seller a call and say nicely "hey just noticed the brakes still felt odd and the oil leak was still there and we agreed to fix them" wait n see what he says.

if however you agreed that they would be fixed only if they were rwc items then you must trust they pass, because rwc's are such vague things, how someone interpretates the wording is correct, even if two people interpretate it different.

so you really need to discuss with all partys your concerns.

a good example is.. interiors i mean the rule is the discretion of the inspector so if he feels its not safe thats it, based on nothing but opinion..

my two cents

[.:: GimpS-R34 ::.]

They were my friend too when the Skyline needed a quick fix, but this isn't the case

yeah, sounds more like a case of karma

[dmr]

Dont be so sure its dodgy you want to be very sure before you accuse people of such things.. i agree that he should have fixed the items you asked.. that is if he agreed to fix them.?.

but you need to be so careful id just give the seller a call and say nicely "hey just noticed the brakes still felt odd and the oil leak was still there and we agreed to fix them" wait n see what he says.

if however you agreed that they would be fixed only if they were rwc items then you must trust they pass, because rwc's are such vague things, how someone interpretates the wording is correct, even if two people interpretate it different.

so you really need to discuss with all partys your concerns.

a good example is.. interiors i mean the rule is the discretion of the inspector so if he feels its not safe thats it, based on nothing but opinion..

my two cents

I've done a bit more research and spoke to Vicroads, who don't have much to do with it.

The power unit, clutch system, transmission system, differentials, axle housings and all associated pipelines must be properly sealed and free of dripping or flowing oil leaks onto the roadway, exhaust system or brake friction surfaces.

Dampness, weeping or staining are acceptable but oil leaking from the underside of the vehicle to such an extent that it is likely to drop oil on the road surface (if the vehicle is parked or idling stationary for any length of time) is unacceptable.

Basically I have to negotiate with the mechanic. If he says no I'm supposed to get a roadworthy test from another mechanic and show him. If he still says no I'm supposed to send in the 2 roadworthys to Vicroads along with a letter, and then form a legal team.

Great to see Vicroads want nothing to do with getting shit fixed. Only when it's convenient for them to make money.

yeah, sounds more like a case of karma

It's not karma when it's only to clear defects. I'd never sell someone a car with oil leaks without fixing them myself.

Edited January 18, 2011 by dmr

[Cowboy1600]

I've done a bit more research and spoke to Vicroads, who don't have much to do with it.

The power unit, clutch system, transmission system, differentials, axle housings and all associated pipelines must be properly sealed and free of dripping or flowing oil leaks onto the roadway, exhaust system or brake friction surfaces.

Dampness, weeping or staining are acceptable but oil leaking from the underside of the vehicle to such an extent that it is likely to drop oil on the road surface (if the vehicle is parked or idling stationary for any length of time) is unacceptable.

Basically I have to negotiate with the mechanic. If he says no I'm supposed to get a roadworthy test from another mechanic and show him. If he still says no I'm supposed to send in the 2 roadworthys to Vicroads along with a letter, and then form a legal team.

Great to see Vicroads want nothing to do with getting shit fixed. Only when it's convenient for them to make money.

It's not karma when it's only to clear defects. I'd never sell someone a car with oil leaks without fixing them myself.

I think you'll find it's way more effort and expense than it's worth. And at the end of the day, it doesn't sound like you were actually dodged out of much, if anything.

And I agree with your comment re: Karma. there's no bad Karma to be had from getting a dodgy to clear a defect.

BTW, feel free to PM me a contact for someone who might be inclined to over look certain RWC issues. I need to get one but CBFed sourcing a stock airbox....

[.:: GimpS-R34 ::.]

Well defects are alright but yeah hate ones who get dodgy shit done to pass on a car with it's problems..

shouldnt there be some sort of ombudsman you can complain to that this mechanic is abusing the system?

[dmr]

what i payed for the car is not relevant. what i asked to be fixed from the buyer before i brought the car is.

put yourself in my shoes, a car thats leaking a decent amount of oil while stationary, would you want it to be fixed especially after you specifically asked for it to be? or just kick yourself in the ass and "let it be".

The power unit, clutch system, transmission system, differentials, axle housings and all associated pipelines must be properly sealed and free of dripping or flowing oil leaks onto the roadway, exhaust system or brake friction surfaces.

Dampness, weeping or staining are acceptable but oil leaking from the underside of the vehicle to such an extent that it is likely to drop oil on the road surface (if the vehicle is parked or idling stationary for any length of time) is unacceptable.

http://www.vicroads.vic.gov.au/NR/rdonlyres/7A14DDDC-3DF3-4ADD-9821-B8C7816777A3/0/VSI26web.pdf

i found out from vicroads that basically i have to try and negotiate with him.

if he declines, i have to go to another workshop and get a roadworthy test done, then send the indicating problems to the mechanic.

if he declines again, i have to send the 2 rwc + a letter of complaint to vicroads.

thanks to those with the helpful replies

Edited January 19, 2011 by dmr

[mad082]

what i payed for the car is not relevant. what i asked to be fixed from the buyer before i brought the car is.

put yourself in my shoes, a car thats leaking a decent amount of oil while stationary, would you want it to be fixed especially after you specifically asked for it to be? or just kick yourself in the ass and "let it be".

it is to a certain extent. if you were getting the car for super cheap then you just take it as it is. if i bought a skyline, for example, and it was 2 or 3000 and it had some oil leaks i wouldn't even bother pointing them out to the seller when i bought it. on the other hand if i paid 8 or 9000 then i would be using it as a way to knock the price down and fix it myself, or paying a higher price and have the seller fix it. basically you have to take the price of the car into account when looking for faults. you don't buy a car dirt cheap (not saying that this car was, simply making a statement) and expect it to be in the same condition as when it left the showroom.

i think you should have a look and see where the oil is actually leaking from. it may be an extremely easy and cheap thing to fix and cost you less time and money than chasing after the mechanic that did the roadworthy. it may also simply be that oil has accumulated over time and it is now to a point where it is dripping. or it may be something simple like a rocker cover gasket.

as for the vibration under brakes, sounds like it might just be slightly warped rotors and getting them machined shouldn't cost much, especially if you take the rotors off yourself (easy to do). the noise is probably just the wear indicator on the pads indicating that they are getting low (but may well still be legal).

[VB-]

i've been told with oil leaks, as a general rule, that it shouldnt leave a patch of oil on the ground any bigger than a 5cent piece in 10 mins. also for brakes, i think they are good as long as there is meat on the pads and it pulls up quick enough on the test unit.

i dont agree with putting it back on the mechanic either, friends of mine have been in this situation a couple of times too. over their many years of work they have picked up quite a large base of repeat business, and with that there are alot of them that will come in having bought a car that they want transfered into their name, and they get very lenient rwc's. alot of them also want to transfer cars into family member's names etc, so they get looked after too, but occasionally someone that is trusted says 'yeah just transferring it into my brothers name' when they have in fact sold the car to a complete stranger. complete stranger says wtf and brings it back so mechanic can fix it at their cost, when all they've tried to do is help out someone they thought they could trust, its a massive kick in the nuts.

and before any mods or tree huggers point it out, yes, i suppose technically they shouldn't do lenient roady's but thats just how it works in the real world

[{TUBZ}]

^^yes. by law if the car doesnt drop a drop of oil in a certain amount of time its considered roadworthy. go back to the rwc guy and tell him to fix the shit up or ull report him to vicroad. they usually shit them selfs and do it.