Compliancing Question.

[CeJay]

Have a bit of a question re compliance, is it illegal for the company doing the compliance to comply a car which has had an integral part of the car removed? say the abs module? Is it also illegal for said company to then pass the car as roadworthy? This would of been done a few years ago, under sevs.

[Iron Chef]

The short answer is if it's not roadworthy and is passed as roadworthy, then yes that would be considered illegal, but also bear in mind that once the car has been driven away from the workshop, they can claim that you or someone else pulled it out. If the ABS light isn't on, there's a chance they may have simply overlooked it - I've seen a couple of cars come out of Japan with the ABS disconnected.

[Beer Baron]

yeah pretty tough to go back a 'few years ago' and prove what was/was not on the car. I'm not sure having ABS removed makes a car un-roadworthy. particularly if it was say an R32 skyline which has variants that come with ABS and other variants that have no ABS. It's a bit of a foggy question. In short, I'd say yes it's illegal. But if you have plans of suing them, or getting some kind of compensation from them then I'd say the chances are slim. They will almost certainly argue that the car was complied with ABS installed and fully functioning and that someone else has removed it in the intervening years.

[CeJay]

I will look into this further, but my main concern was insurance being voided if I was in an accident.

[Iron Chef]

If it was found that the lack of ABS could have contributed to the accident, then yes you'd probably be in trouble. Given that you seem to know it's a problem, it might pay to get it fixed

[CeJay]

Well I just found out about this being "suss", to say I am a tad peeved off with the complier/importer I bought it off is a bit of an understatement.

[Silver_GT]

if you only just found out about it what makes you think the compliancer or importer knew about it? especially if its just the abs module, none of the big engine bay gear. Dont go pointing fingers just yet, roadworthy doesnt check for abs working, just a simple brake test, and theres no way that any agent in japan should be expected to make sure the abs in every car they purchase functions correctly, in fact that would be near impossible.

[CeJay]

I had known it had been removed, I just didn't know it could possibly cause me issues.

And Yeah well considering the plugs for the abs were tucked into the guard, and there was heat wrap around the lines I think not. Pretty bloody obvious.

That including the fact the roadworthy passed the car with bald front tires, and the fact I needed to get all 4 rotors replaced two days later as the pads were worn down to the metal/bonding material (like they did that in a 300km roadtrip home.....) makes me think they took their time doing the roadworthy.....

Amongst other things, I later found out the car had 60000kms taken off of it from when it was for sale in japan. Now who exactly wound it back I don't know, but I wasn't really suprised when I found out either.

I highly doubt anything will come of this, just utterly pissed off with the dealer I bought the car off.

[Beer Baron]

as far as the insurance implications go I would ring and anonymously ask your insurance company how they see it. maybe it can be noted on the policy that the car doesn't have ABS or some such. not having ABS wont necessarily instantly make it un-roadworthy. it does sound like the company that sold it to you may have glossed over a few things though bit of a shame.

[GT-R32]

Doubtful the person on the phone would know how the law would treat this.

Now that you know about it, some policies state that if it is a known defect that contributes to the loss, you could be for some of that loss. Which company are you with?

[CeJay]

replacement module from nissan new is 4600$, I'm buying me one of those at that price ..........................

[Iron Chef]

lol they are sharks - nearly as good as the $9K I got quoted from Mitsubishi for two Evo 7 front Recaros....

[CARSICK]

I had known it had been removed, I just didn't know it could possibly cause me issues.

And Yeah well considering the plugs for the abs were tucked into the guard, and there was heat wrap around the lines I think not. Pretty bloody obvious.

That including the fact the roadworthy passed the car with bald front tires, and the fact I needed to get all 4 rotors replaced two days later as the pads were worn down to the metal/bonding material (like they did that in a 300km roadtrip home.....) makes me think they took their time doing the roadworthy.....

Amongst other things, I later found out the car had 60000kms taken off of it from when it was for sale in japan. Now who exactly wound it back I don't know, but I wasn't really suprised when I found out either.

I highly doubt anything will come of this, just utterly pissed off with the dealer I bought the car off.

Sounds like shenannigans going on between the dealership & the roadworthy.

Sounds like you're not the 1st

Sounds like they'll do it to others

Sounds like...