Legal advice with a bad MOT?

Tom L · Post by **Tom L** » Jun 12th, '07, 22:28

I bought a bike on friday, with 12 months MOT from the day i bought it. They previous owner put the MOT just before i picked it up so it would be ready for sale, it went through with no problems. They said one of the rear shocks was 'misting' slightly but was nothing to worry about

Today, less than a week after the mot one of my twin rear shocks is literally pissing out fluid onto my swing arm, chain and tyre. No way could this have possibly passed an MOT. If it take it back to them, can i threaten to have their MOT licsence taken away if they dont replace the shock or something. The garage (not the previous owner) must in some way be liable for this? miniumum i must be able to take it up with trading standards or health and saftey?

anyone have any advice on my options?

tony · Post by **tony** » Jun 12th, '07, 22:44

the MOT is only valid for the time that its in the workshop

how do you know that the shocks on there are the ones that were on there for MOT

an MOt is NOT a guide as to the roadworthynes of the vehicle, only that it was road worthy for about 40 minutes on the day in question

DynaMight · Post by **DynaMight** » Jun 12th, '07, 22:44

Private sale? It's sold as seen.

I doubt you'll get anywhere with the MOT, It was ok when MOT'd and they advised to get them sorted.

speedy(delboy) · Post by **speedy(delboy)** » Jun 12th, '07, 22:45

Chris's SP2 shock leaked Gas and Oil in one day, without any warning so wouldnt have thought so Tom

tony · Post by **tony** » Jun 12th, '07, 22:49

from memory of working in that trade the only thing that you could get any comeback on the testing station with is rot to a structure, ie a car hass 11 months MOT but has serious structural rot, therefore that cant have happened in the last 4 weeks and that can be looked at

I used to regularly drive a car into MOT with tiny wheels on it, just so that it would pass the brake test, then 1 mile home, and big wheels back on, but the brakes were MOT standard for the test so thats all that matters

anyway the MOT is a waste of time and paperwork in my opinion, your bike could pass MOT, but pull out of MOT centre, get pulled by vehicle inspectorate and your vehicle isnt road legal!!

no front mudguard or speedo required for MOT, but under the construction and use regs its illegal to ride a bike with no muduard or no speedo etc??? WTF!!

Tom L · Post by **Tom L** » Jun 13th, '07, 07:29

yeah thought so, was just sort of hoping

speedy, any shocks in your breakers yard?

Post by **TLS-Moose** » Jun 13th, '07, 16:31

What's the length and fitting type for your shocks

I have a pair of brand new "budget" shocks I bought for a project sat on a shelf here I might part with for what they cost me ......

Tom L · Post by **Tom L** » Jun 13th, '07, 22:32

i'll measure em up on my day off this week end, havnt got much time for anything at the moment, working 80 hours a week

.

couple of questions if anyone can help. Is it possible to replace the seals or should i just replace the shock. And if i do need to replace to shock, can i do so individually or do i need to replace them as a pair?

spoke to a garage today who offered me £100 on the pair for some aftermarket, and a bike brakers who can do me a stock pair for £70

cheers for the advice guys

Post by **TLS-Moose** » Jun 13th, '07, 22:43

Few but the very expensive aftermarket twin-shocks are rebuildable

You should not really replace shocks individually ...........

new aftermarket for £100 should be reasonable. Koni's used to be a good deal, with limited damping adjustability, dunno if they're still available, Hagon's are fair too ....... £70 for good s/h stockers is fair, but you need to know the condition/use they've had

The ones I have were bought for a Zephyr 550/750, and have an eyelet each end, and cost less than the s/h price you've been quoted

Tom L · Post by **Tom L** » Jun 13th, '07, 22:55

cheers moose that sounds good, a budget fix would be good because i just need the bike to get me round europe over the summer, then im selling for a sports 600, is the plan anyways. I'll get it measured up asap.

cheers!

speedy(delboy) · Post by **speedy(delboy)** » Jun 14th, '07, 01:46

Tom L wrote:yeah thought so, was just sort of hoping

speedy, any shocks in your breakers yard?

Yeh have about 5 sets, what bike we talking aboot

Tom L · Post by **Tom L** » Jun 14th, '07, 17:13

1999 Honda CB750F2

How budget are your shocks moosey? got an offer for a set for £67 on a fairly decent pair of pattern parts from a breakers. Want something decent but by no means flashy

deej · Post by **deej** » Jun 17th, '07, 21:03

take it back to the mot station as they do have some responsibilty for it, threaten to take it further with the dvla and they'll soon help you out. as its so recent there must have been a problem pre mot

Tom L · Post by **Tom L** » Jun 18th, '07, 11:32

phone them up and as everyone said they bascially said MOT is only good while the bike is in the garage. even 100 miles after its not good indicator to condition. They suggested speaking to the seller and getting a couple quid out of him for a new rear shock. About as easy as getting blood from a stone i reckon