Compliancing - What Should They Do Vs What Do They Do?

[GeeDog]

I bought my 2003 350GT Coupe 2 weeks ago. It was imported in early May this year, and complianced in late May. It had done only about 2,000km between compliancing & when I picked it up - the importer had been driving it.

I just wonder what the compliance workshop is meant to do. I have found numerous maintenance issues that I would have expected to be fixed when the car was comlplianced, and wonder if I have any recourse on the workshop that did the compliancing. Not sure if I'm allowed to mention the name, so I'll hold off for the moment. Although I live in SA, the car was complianced in Melbourne.

The issues that I would expect to be fixed during compliance / the full service that the importer assured me had been done:

1. The air filter was black & oily, and there was a huge buildup of oily "grunge" in the airbox before the filter. A new filter only cost $11, and about 30 minutes of my time, but thats not the point. This filter had done a lot more than 2,000 km.

2. The cabin air filter was growing stuff, and was also black. This also hasn't happened in 3 months & 2,000 km. A new filter was around $45, plus some of my time to install it.

3. The front disk rotors are 2mm thinner than the legal limit - ie 20mm. They have a huge lip around the edge where the rotor has worn. Once again there is no way this has happened in 2,000 km, so either they weren't checked or they turned a blind eye. I have ordered a set of RDA slotted rotors, and front & rear EBC Redstuff pads. This is the most serious issue with the car, and I am very surpirised that a mechanic could do a service & not pick this up. I would almost class this as criminal neglect.

4. The centre rear brake light wasn't working at all. To be fair, there is a small possibility that this has broken since compliancing, but given the other issues I doubt it. I assume this is a roadworthy issue.

5. The rear tyres were at or below the legal wear limit - they had been wearing below the wear markers for a while. I was under the impression that new tyres had to be fitted when an import is complianced - if this was done then the tyres were changed again after compliancing.

6. No radio expander had been fitted. This is a minor issue but I was under the impression that an expander was fitted during compliancing by most workshops.

I'm not sure if I should pursue these issues with the compliancing workshop or the relevent govt department. It has left a sour taste in my mouth. All problems except the brakes have been sorted, and the brake parts should be here within a few days. I have concerns that if this is how they are delivering cars people with less mechanical ability than me may well be driving cars that are not at the standard they should be, and don't realise it.

Any input would be appreciated.

[Nightcrawler]

These are all typical issues with any import. All of the above items were the same on my car, and it was a fresh import. When I personally imported my R34 from Japan and had it delivered to me, personally delivered to the compliance workshop here in Adelaide, then picked up by me, I had nearly all of the items and then some. I believe technically they are supposed to replace all the seatbelts and install side intrusion bars as well, but none of these were done on my R34 or V35.

The compliance workshops seem to run around doing whatever the hell they want ... but what is more amazing is that cars get through the transport authority pits for their first registration with these items not done. The fines for a workshop not meeting all the RAWS rules perfectly is HUGE.

[The Max]

1) Not necessary for compliance but if you paid for a full service on the vehicle and it's stated as such on your invoice, then you need to kick their bums on this one. It really comes down to semantics and what their definition of "full service" is. If it is meant to cover air filters, then they should have done just that. It's standard practice (and I think it's also specified as such by Nissan) to quickly check such items so I'd imagine it'd be part of a full service.

2) Same as #1.

3) Below legal limits = not roadworthy. I guess it boils down what I said in #1 about the definition of "full service". Either way, the vehicle is highly unsafe and should not have left their workshop, let alone the car yard, in that state as they could be held liable for that.

4) I agree with you on this one but not easy to prove that it was a product of their negligence, if it wasn't checked upon leaving the workshop.

5) I'll agree with you on this one. Again, this is a safety issue at a basic level. The importer, let alone the workshop, should have taken the responsibility of not allowing it to leave with unsafe tyres. Not necessarily new but certainly not illegal/worn out tyres. Again, this will be hard to prove without at least a witness to back you up on it as the importer can just say that you put on the worn out tyres in an attempt to squeeze a buck out of the importer.

6) Not imperative. I elected not to have one fitted to mine despite it only costing about another $50 or so.

I would definitely pursue some of those matters at least for the purposes of getting some of your money back. Your issue, however, is with the importer since that's whom you bought it from. Do not allow them to fob you off to the workshop, unless you paid the workshop directly. If you paid the importer and only the importer, the workshop's function was as a subcontractor to the importer and that leaves the onus on the importer to handle your matters. That's the simple legal fact.

The other issue here though is proving your case. As the complainant, the onus of proof is on you. The air filters should be a simple matter to prove if you have taken photos at least, preferably with your registration in view as well to demonstrate the photos are authentic. The discs, on the other hand, could be seen as more difficult to prove, particularly if you have done all the work yourself. If you have photos, that would certainly help but no guarantee. If you had this taken care of by another mechanic, you could use their testimony to help prove your case.

I'm not trying to discourage you here but it's not going to be an easy battle. Being the stubborn prick I am, I'd definitely go for the jugular with these guys but that's just me. In the very least, it gets these guys noticed by the relevant authorities and they'll have a watchful eye on them thereafter. Think of it as at least doing a service to your import vehicles community.

I remember reading through a copy of Street Machine once and found an interview with a mechanic whom I successfully challenged in the Tribunal back in 2006. While the article had shone him in a good light for anyone looking for a performance motor, I felt I had to tell the magazine editor about my experience with him when I had my "performance motor" built by him and the battle that ensued after the engine let go 2 minutes after starting it idling at 2000RPM. Sure, it probably fell on deaf ears but I like to think I did something to help other enthusiasts out there. It definitely bolsters my opinion of cash for comment with the media. Still, we have to do what we can.

[The Max]

I believe technically they are supposed to replace all the seatbelts and install side intrusion bars as well, but none of these were done on my R34 or V35.

Really? Don't compliance workshops have to provide paperwork which states all the work they've performed? With my V36, I only had stated on the compliance paperwork that they converted the headlights from HID to halogen, replaced the tyres and performed the necessary noise and emissions tests. So with the relevant state transport authorities requiring a copy of this paperwork, anything not documented but required would result in that arse kicking, wouldn't it?

[GeeDog]

I didn't pay for a full service as such, but was told it had been done before the car was advertised for sale. I was also told a few other things that weren't quite true, or at least not the full truth. I'm will follow this up in some form, just haven't decided how as yet. The car was probably still a good deal, even with the issues, so I'm not too pissed, just annoyed.

[=CPV35=]

hey GeeDod, if you got told it had a full service done that is the fault of the importer not the compliance centre if they lied to you....which importer did you go through by the way?

[GeeDog]

I'll keep the importer & compliance workshop id to myself for the moment - it's only fair to give them the chance to explain the situation before naming them.

The compliance sheet says the vehicle has new tyres & air filter when complianced - I can understand someone changing the tyres back afterwards, but not removing an $11 air filter & refitting a dirty one.

I'll post back when I have more info.

Edited September 9, 2012 by GeeDod

[=CPV35=]

In that case, then yes, the compliance centre obviously stooged you if they had on the sheet they changed the air filter....

did you buy it off a guy who imported it himself or did you get the car in through a import broker?

[GeeDog]

I bought it from someone who trades as a car importer, but he drove this car himself for a short period. It was complied approx 2 months before I bought it, and covered around 2,000km. He has an ABN and a business name that suggests that he works as an importer, and he advertises numerous cars for sale, all imports.

[iamhe77]

Will assume that this "Importer" also has a "Factory"?

Anyway, part of compliance is that the car MUST have new Aus approved tyres fitted.

[=CPV35=]

Lmao that's so obvious iamhe77

[GeeDog]

Sorry, no factory....

I have heard of new tyres being fitted to pass compliance, then the originals being put back on. I'm not sure what the regulations say about this, but it has to be morally wrong. I knew the rear tyres weren't new, just didn't realise just how bald they were until I took the wheels off the car.

[Nightcrawler]

Will assume that this "Importer" also has a "Factory"?

Anyway, part of compliance is that the car MUST have new Aus approved tyres fitted.

But that is just part of compliance. The importer will almost always pull their brand new tyres off and put some cheapies on before they actually sell the car.

[The Max]

But that is just part of compliance. The importer will almost always pull their brand new tyres off and put some cheapies on before they actually sell the car.

Which is typical practice and perfectly legal unless they're sold with bald tyres as the OP has suggested. Then it's not roadworthy for sale.

[Nightcrawler]

True, and car dealers wonder why everyone considers them to be absolute scumbags.

[The Max]

Exactly. It's one thing if they're upfront about it and tell you that you'll need a tow but to sell you a vehicle as a drive-away item, that's just low.

[sonicii]

I believe technically they are supposed to replace all the seatbelts and install side intrusion bars as well, but none of these were done on my R34 or V35.

I think this is only required on certain cars.. for example the 300ZX required side intrusion bars, and maybe seatbelts. I am fairly sure the V35s don't require this for compliance.

To the OP, as others have mentioned, most of those items are service/roadworth issues, not compliance requirements. And you would have to check what 'full service' is.. it might not include and air filter and cabin filter.

If it was sold to you with a roadworthy/safety certificate, and it had no center brake light, illegal tyres, illegal brakes. I would take it back to the workshop that supplied the certificate and ask them to fix it, or report them.

[Iron Chef]

The importer isn't me btw

I can pretty much guarantee I know who it is if it has been complied interstate rather than here...

Freshly imported cars aren't required to be serviced when they arrive here, just meet ADRs. The work that is done will normally be written on the Consumer Information Notice which I'm presuming you don't have seeing it was registered here first by the importer.

To put it bluntly, once it's registered in Australia, it can and will be as roadworthy or unroadworthy as any other car already here - in other words, it's buyer beware if you buy something with dodgy brakes, tyres etc. Once it is registered, the workshop can and will officially wash their hands of it, as they can claim parts were switched after it was registered.

If your seller also happened to be a car dealer, then that's a different story - you'd have grounds for taking it up with the Office of Consumer Affairs if they don't make the necessary repairs, even on vehicles supposedly sold privately.

[iamhe77]

Lmao that's so obvious iamhe77

And yet it wasn't done and had the OP questioning if it had to be, thus my reply.

Yep, it is one of the most basic of requirements so why wasn't it done in this case?

[GeeDog]

Just to be clear it definitely wasn't Iron Chef - sometimes not "naming names" can implicate others by default, so sorry if anyone thought he was involved.

I didn't get a roadworthy certificate (not required to sell a car in SA) or a copy of the "service" paperwork, just told that it was freshly serviced. I do have the import paper (CIN) which states that at the time it was complianced, it had new tyres & a new air & fuel filter. I'm wondering now if I should replace the fuel filter, flush & service the auto box, and do an oil & filter change.

I'm more interested if:

The faulty bits were swapped for compliance, then changed back again by the workshop

or

The faulty bits were there when the car was complianced

or

The imported swapped the bits after compliance

I still think I got a good deal, and as stated I have fixed most of it & just waiting on parts for the rest. Out of pocket expenses will be a bit over $1K, but I will have new rear tyres, new slotted front rotors, new redstuff pads front & rear, etc. I just don't like being told something & then finding out it isn't true. Truth is I probably would have bought the car anyway if these things had been made clear upfront. I've run my business on a handshake & a promise for 15 years and it has worked fine, why the f*%k can't other people have the same integrity?