Retail Motor Law

Answer.

The vehicle is owned by the customer and provided they have paid the invoice for the work you have undertaken you cannot legally prevent the customer from removing their vehicle.

However, RML would recommend that you clearly and accurately record the fact that the vehicle was in your opinion unsafe and should not be driven on the road. You need to evidence that the customer was informed, if there is an accident then memories regarding such conversations tend to fade surprisingly quickly.

Once you have informed the customer ask the customer to sign to confirm that they have been notified about the tyre/Defect, and that the vehicle should not be driven on the road. Make sure the time and date of the conversation is recorded.

If the customer refuses to sign the document (some do) then ask another employee to witness the fact that you have told the customer about the tyre and record this, asking the employee to sign the document.

Make sure you also get the employee to put their full name and in which department they work etc.

The Law

The Road Traffic Act 1988 and The General Product Safety Regulations 2005 make it an offence to sell or supply; offer to sell or supply; or expose for sale or supply an unroadworthy or dangerous motor vehicle.

Any service or repair made to a motor vehicle must not leave it in an unroadworthy condition; if the vehicle is returned to the customer with a major defect then potentially you will be ‘supplying’ an unroadworthy vehicle.

In determining whether a motor vehicle is roadworthy and safe, various aspects of its construction, including the following, should be considered:

1. Steering and steering gear
2. Brakes and braking systems
3. Tyres
4. Exhaust systems
5. Seatbelts and seatbelt anchorages
6. General condition (corrosion, suspension etc)
7. Lighting equipment and reflectors

A motor vehicle may also be classed as being unroadworthy if its condition when used on the road could endanger the driver, passengers, other road users or pedestrians.

There are also regulations that set out construction requirements for various components such as brakes, steering, gears, tyres, vehicle construction, weight and equipment of the vehicle. If a motor vehicle fails to meet these requirements it may also be considered unroadworthy.

Finally, recording the fact that the customer was informed will also assist in defending any allegations of negligence should the customer be involved in an accident as a result of the defect.