Action Against Dodgey Rwc

[PIOTREK]

Hey guys recently i bought a car and the machanic that issued the rwc missed a few obvious things.

For RWC he picked up: rocket cover gaskets, seat belt and few bits and pieces.

As i was driving the car home from the previous owner the water pump siezed up, yes as pissed off as i was i spoke to him and he said that its not really an rwc issue. So i decided the cop it on the chin and paid for a water pump and timing belt kit to be fitted from the same bloke.

Now i look and see the car leaves small puddles of oil (oil leak), when the heater/ air con is on, it smells too. Now i'm not a tight ass but serious cbf paying for this to be fixed! he has changed cam, crank and rocket cover gaskets so the oil seal left is a rear main lol (which i'm 100% sure is fine!)

I have booked it in for him to have a look at it but i'm pretty firm and i intend to stand my groud and not pay for the repair as he has give an RWC for the car 2 weeks ago and done ALL work on the car over the last 2 yrs (including timing belt and water pump at my cost)!

What is the law in this case? Not interested in taking to vic roads or shame the work shop, just want my car fixed up! i would probably pay an additional 100 bucks at the absolute max JUST WANT THE CAR FIXED.

I have also noticed a few small things he missed but like i said i'm not a ball breaker and i can fix it up in my own time, but the leak is giving me the shits hard!

[PIOTREK]

btw the car is mitsu verada not the r33

So its the 3.5 v6. Seals changed- cam (2), crank, rocket cover. These are fine- oil filter, oil pan, rear main.

Any ideas what else it could be, its coming from above the oil filter region so my guess is that the cam seal wasn't fitted properly during the timing belt kit

[dezzstavrinou]

simply sounds like u should of have the car inspected with a machanics report, as RWC s only to get the car under ur name and on the road.

RWC just means its safe enough to be on the road with out causng and accedient.

Machanics report is more so to tell u wat is wrong wth the car , oil leaks, loose seat belt reclners, dash lights, smoking exhast, diff problems everything over the whle car, they even check to make surethe air con works.

[waxracing]

If the owner had degreased the underside of the car the mechanic would not have known when they did the roadworthy

[Birds]

Doesn't sound like roadworthy issues to me...unless you got serious oil leaks that could pose a hazard to other road users. Roadworthy is more concerned with suspension, tyres, rust, lights, brakes...actually driving and handling of the vehicle.

Case of buyer beware / inspect the car thoroughly before buying. A roadworthy certificate isn't protection against mechanical faults of the vehicle, only safe operation of the vehicle in the eyes of Vicroads.

[PIOTREK]

I'm concerned if there is a breach of rwc liscence. If u pass a car that is not, then obviously u risk a suspension.

I'm not stupid, obviously I don't expect a rwc to be a machanic report, but another rwc tester told me that this an rwc issue and I should take it back to the issuer. In 28 days there should be no leaks. Plus the mechanic told me he washed the engine for rwc!

[KURAUN]

oil leaks are a rwc issue

there is something like it cant drip within a certain time or something about it

[W0rp3D]

I'm concerned if there is a breach of rwc liscence. If u pass a car that is not, then obviously u risk a suspension.

I'm not stupid, obviously I don't expect a rwc to be a machanic report, but another rwc tester told me that this an rwc issue and I should take it back to the issuer. In 28 days there should be no leaks. Plus the mechanic told me he washed the engine for rwc!

the RWC is not a gaurentee that nothing will go wrong with the car for 28 days, washing the engine for an rwc is common, it allows him to determine what is a new leak and what is an old one that has been fixed.

[PIOTREK]

Look at it like this- I'm not trying to establish this as an rwc item.

What is the procedure for a buyer who recieve a car with a dodgey rwc? There would have to be some form of legislation procedure to follow?

[W0rp3D]

Look at it like this- I'm not trying to establish this as an rwc item.

What is the procedure for a buyer who recieve a car with a dodgey rwc? There would have to be some form of legislation procedure to follow?

Yes there is but the fact that you have giving it back to him means that he can now fix those problems before you report it to Vic roads which is your legal avenue, this is also assuming that the leak was bad enough when he inspected it, he may have picked it on the first check but all you have to do is high presure wash the area before you take it back so the leak is not evident and it will be passed so it's your word against his in the end.

[Ruffels]

i bought a car, and it was issued with a roadworthy, when it clearly shouldnt have, neither previous owner, nor the mechanic who issued the certificate were willing to take responsibility... so i gathered my evidence, and presented it to vicroads....

he got a warning, and i was stuck with a shit car

unfortunatly vicroads states that even if a mechanic issues a roadworthy when the car is not, they cant force the mechanic to make repairs to the car to make it roadworthy, so unfortunatly you do not have a leg to stand on when it comes to vicroads helping you... just hopefully more then 1 person reports him and he'll get a fine and have his roadworthy licence suspended

[Ruffels]

Do you have a problem with the inspection or certificate for your vehicle?

If you believe that your vehicle was not roadworthy when you were given a certificate, then take the following steps:

1.Check first that the component in question is a roadworthiness inspection item. See: Road Worthiness Requirements [PDF 1,638KB].

2.Contact the tester who issued the certificate and explain your concerns. In many cases the problem will be resolved.

3.If you have not resolved the issue, obtain an independent inspection from another licensed tester to support your claim and present a copy of this to the first tester.

4.If the independent inspection confirms your concerns and the original tester will not cooperate, then contact the VicRoads Vehicle Fitness Section on 1800 816 727 or 13 11 71, or send a written complaint with supporting documents to VicRoads, Vehicle Fitness Section, 1st Floor, 3 Prospect Hill Road, Camberwell, 3124.

What are your legal rights?

VicRoads does not have authority to require the tester to make good your vehicle or otherwise compensate you. These are matters for civil action. You can seek professional legal advice from a solicitor, take your dispute to the Victorian Civil and Administrative Tribunal (VCAT) or through the Magistrates court. Where a vehicle is purchased through a Licensed Motor Car Trader (LMCT) Consumer Affairs Victoria may be able to resolve the matter through negotiation with the LMCT.

[Rowdyr32]

You are trying to establish this as a rw condition item.

If he didn't see the leak or it didn't drip like the guys said its not his problem. It can weep. You should have looked at the car more clearly if it was so obvious.

If your going to hassle the mechanic over little things like that your the kind of person who will stuff it for the rest of us who just want a RWC to get the car in our name and not get picked on for b/s items. I like many others are happy as long as it is safe. Brakes,tyres, susp all good then its ok.

The 3.5 magna's are awesome under rated cars for reliability and so cheap. Everybody I know who has had one and mechanics said nothing ever went wrong with it them.

[saff_cossie]

I hear what you are saying and recently (6 months ago) went through this myself.

Mine was a little more obvious, infact blatently.

I bought my current car from a guy who had a very reasonable professional status, car was less than 6 years old and in what appeared to be very very good condition.

After buying it, I had it serviced within the first 6 weeks as it hadn't been serviced for a while due to it doing hardly any km's. Upon handing it to Audi, they noticed straight away that both inside front tyre walls had collapsed! Collapsed as in I could put my fingers through the walls! I had been driving it for 6 weeks like this, albeit weekends only but represented about 2000kms.

I called the previous owner and the RWC place who knew it each other. The seller was very apologetic and offered to do anything to assist in getting it fixed short of paying for the tyres (e.g. talk to the RWC guy etc). I paid a visit to the RWC place near Springvale and due in part to his lack of English and other part not wanting to admit anything, offered to do nothing except suggest the seller pay. I was caught between 2 people, neither who would pay and because it was 6 weeks not 28 days, refused to do anything. The guy had just given the vehicle the once over without it even going on a ramp so wouldn't have known the condition of the inside of the tyre walls.

I called Vic Roads to understand where I stood and was told to provide the details of the workshop and an inspector would be sent round and if it could be proven, they would be issued a warning/black mark on file. I would get nothing out of it as it became a civil matter to recoup the costs.

I don't fancy your chances and I have made my mind up with who I deal with in future and will be sussing the RWC place AND the seller out prior to handing cash over.

[PIOTREK]

You are trying to establish this as a rw condition item.

If he didn't see the leak or it didn't drip like the guys said its not his problem. It can weep. You should have looked at the car more clearly if it was so obvious.

If your going to hassle the mechanic over little things like that your the kind of person who will stuff it for the rest of us who just want a RWC to get the car in our name and not get picked on for b/s items. I like many others are happy as long as it is safe. Brakes,tyres, susp all good then its ok.

The 3.5 magna's are awesome under rated cars for reliability and so cheap. Everybody I know who has had one and mechanics said nothing ever went wrong with it them.

your a clown- "stuff it for the rest of us" if a machanic gives a dodgey rwc for you to transfer a car thats good for you. When you pay top dollar for a car you expect a proper RWC with it.

[PIOTREK]

cheers for the information- that's what i was after, there is no way i'm going to pursue this civilly for a couple of hundred buxs nor can i be bothered going through the trouble of going to vicroads etc to get nothing out of it. Like i said, i'm keen to get the fixed up and thats it!

I'm a reasonable person but if some seal are leaking that he changed, then i see it as a warranty issue of his labour.

plus the machanic seems like a top/reasonable sort of person so i'm sure we can work something out between us!

[Panko]

I still don't quite understand, where's the leak is coming from? Small puddle on the ground as in like after you park the car over night or something?

[femno]

After buying it, I had it serviced within the first 6 weeks as it hadn't been serviced for a while due to it doing hardly any km's. Upon handing it to Audi, they noticed straight away that both inside front tyre walls had collapsed! Collapsed as in I could put my fingers through the walls! I had been driving it for 6 weeks like this, albeit weekends only but represented about 2000kms.

What? So the wall was gone? How was there air in the tyres?

How do you know something didnt happen to them in the 2000kms of driving???

cheers for the information- that's what i was after, there is no way i'm going to pursue this civilly for a couple of hundred buxs nor can i be bothered going through the trouble of going to vicroads etc to get nothing out of it. Like i said, i'm keen to get the fixed up and thats it!

I'm a reasonable person but if some seal are leaking that he changed, then i see it as a warranty issue of his labour.

plus the machanic seems like a top/reasonable sort of person so i'm sure we can work something out between us!

Youre a clown. You dont understand the fact that a RWC is issued for the car in the condition that it is in at that instant. Anything that happens thereafter isnt anybodys fault but the car itself.

Although if the car is leaking from the area previously repaired then this is NOT a RWC issue.

And how the hell can oil only leak when the heater and aircon is on???

[PIOTREK]

^^ oil leaks don't just apear from the sky! there is such a strong oil smell that i can't turn on the heater or air con because it smells.

As the post says earlier, i'm not interested in responding to your opinion and i'm just wondering wat are the legal issues associated. Clearly not asking for your opinion about the leak- ok?

Info that i was after has been posted above and this thread can be closed! THANK YOU GUYS FOR THE INFORMATION PROVIDED, MUCH APPRECIATED

[PIOTREK]

I still don't quite understand, where's the leak is coming from? Small puddle on the ground as in like after you park the car over night or something?

YER pretty much, only appear after about 30min i reckon