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Trusted the dealer - but brakes were shot

Discussion in 'Your Near Misses - A Place to Vent' at netrider.net.au started by Mariner, Nov 11, 2011.

  1. Traded in the XVS 650 for a (second hand) XVS1300 last weekend, setup for touring by the previous owner. Rear tyre looked like 1500k to go before replacement. Took it out for a spin up the Putty Rd to the Grey Gum and was thrilled with the torque, ride, comfort, and all round setup. I felt the rear tyre was near its limits a couple of times.
    Coming back down Bell's through steep slow (25k) downhill twisties I was cautiously trailling the rear brake and thinking how unresponsive the bike was, presuming that I needed to get used to a much heavier bike, and worrying a bit about the tyre.
    Got it replaced during the week, and while waiting the mechanic invites me to have a look at the brake pads - WHICH ARE NON EXISTENT AND DOWN TO PAPER! Angry would be an understatement. A dealer has sold me a bike and I have been stupid enough to assume that they have checked everything, including the brakes. All night trying to sleep with memories of the Putty and Bells and thinking I was near the limit of the tyre, but not knowing I was way beyond the limit of my brakes!
    Big lesson learnt. Never trust anyone. Always check, or get a mechanic to check the stuff that keeps me alive.

  2. How'd that get past the RWC???
  3. Isn't that a warranty claim against the dealer too? I know it isn't really the point... they sold you an unsafe bike, but at least you should be able to get them to foot the bill?
  4. so imagine if you stacked the bike, police roll up, first comment 'unsafe bike, typical' and who's fault? not the rider!!
    you are a lucky man, buy a lotto ticket and definately take up the cost with the dealer.
  5. Dont you people check these things when buyinh a second hand bike?? its as simple as looking!

    Its your LIFE!!
  6. SBK, fair point, but the dealer does have a duty of care and is required to sell a road worthy bike. It's not a flawed assumption to expect that they are living up to their end of the legal requirement.
  7. Assumption?

    I will never let my life live in the hands of an assumption.
  8. Fair enough too SBK.
  9. Rotors will be under the RWC.
    I have not seen a minimum width for brake pads. It would turn into a big you say, they say sort of thing.
    I would get a micro meter and check the rotors. If they are not even close to the minimum then march back in and give them a chance. Be nice but unwavering.
    The law is changing for the better but the onus is still on you when buying a bike.
    It might even pay to go somewhere and have a RWC done on it and see what fails.
  10. Assuming you're in Victoria, http://www.vicroads.vic.gov.au/NR/rdonlyres/E5F44416-57E4-4164-98F5-69E3E8E1C5E3/0/VSI26.pdf

    VSI26, page 4.

    Brake Linings
    Lining material must not be worn down to the wear indicators where they are provided. Where no wear indicators are provided, the minimum remaining useable thickness of lining material measured at any point on the lining must be no less than the vehicle manufacturer's minimum recommended thickness and in any case must be no less than 1.0mm. Brake lining materials must not be contaminated.

    Brake Discs and Drums
    The thickness of the friction section of a brake disc or the internal diameter of a brake drum must be within the manufacturer's specifications. Light circumferential scoring is acceptable on friction surface providing it does not affect the operation or durability of the brake system.

    What are the new changes to the law?
  11. The poster is in NSW, and roadworthy checks are done yearly with the registration process.

    So if the bike was bought and sold by the dealer while registered they would not have done a roadworthy like i believe is required in victoria to sell a vehicle.
    In nsw roadworthy carries for the full year of registration regardless of how many times the bike is bought and sold in that duration

    Still very poor from the dealer who i would hope checks his bikes before buying and selling, sbk is right though always check yourself or get someone you trust to check any bike your buying thouroughly
  12. bull you are required a pink slip in NSW to transfer registration.
  13. yes, but if it was given a pink slip 9, 10, 11 months ago you don't get another one done until you renew the rego,

    So it would have already had a existing pink slip if it was already registered, they dont do a new one just to sell the bike, it is sold under the existing years pink slip, then when the rego runs out the owner gets a roadworthy (pink slip) and insurance then they can register the bike

  14. wrong, All thats needed is the rego papers signed by owner/buyer with price paid, a reciept from the owner, and a bucket full of money to transfer it, also dont need a pink slip for the first 5 years from new

  15. Last I knew, you need a Pink Slip to transfer rego. It's valid for a month.

    Not sure if that applies to <5 year old vehicles, since it wouldn't make much sense.
  16. Go back to the dealer. NSW Fair Trading will enforce the following minimums :
    1. 5000kms of tyre life;
    2. 5000kms of brake life.

    Dealer is deemed to be the 'expert' and must provide a fully roadworthy bike, unless it is over 10 years old and/or over 160,000kms, only then can it be sold 'as is'. There is no legal obligation on the part of the customer to have the bike inspected by a third party.
  17. Nope I just bought a bike 3 months ago in NSW and didn't need anything to transfer it other than the rego papers. So long as the seller has lodged their notice of disposal (online or at RTA office), you can now even do it all online to pay the fees...

    Have never needed one for any of the cars we have also previously bought in NSW...

    However, whilst a pink slip isn't required car dealers are still obligated in NSW to sell you a roadworthy car/bike if its less than 10 years old (& 160,000kms). So if the dealer doesn't want to play fair contact fair trading and if they cant get them to bend over, then lodge a case with the CTTT (tribunal).
  18. Yep just for simple clarity for non nsw residents and sorry if i'm repeating myself

    Bike sold from dealers,
    If bike is brand new, no roadworthy required as evereything is in brand new condition

    If bike has current rego, no roadworthy required as it already has a current 12 month roadworthy certificate attatched to it from last registration and check.
    Only if the registration lapses will the dealer be required to get a roadworthy check if they wish to re register the bike

    Still doesn't override there responsibility to sell goods in a fit and proper condition though
  19. Wow you can't get 5000kms out of some tyres.
  20. Unfortunately down here in vic when i bought my bike i didnt notice until a week later when someone pointed it out to me that there was about 1mm left on my pads and i was told to change them NOW. Part my fault as i didnt look and i should have, part dealers fault as i shouldnt have had to. Brought this up with the head mechanic last time i was in the store and apparently theyve had numerous complaints and as a result replaced their mechanics because of things like that anyway.
    Wasnt a major thing for me as it cost me around $70 for the parts and i replaced them myself.