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post #752 of (permalink) Old 8th August 2007
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Keep up the good work Aaron - I think it's important to link this into the Code of Practice from VOSA:

Point 1 - Definition of a Safety Defect in Law
VOSA's Annex A says that under the General Product and Safety Regulations 2005 "Definition of a Safety Defect" there does NOT have to be a Design Fault or a Cnstruction fault to act, just a "FEATURE " of the design which is dangerous.
It defines "dangerous" as "liable to cause significant RISK of personal injury or death." Nobody has to be killed or injured before they are legally obliged to act.

Point 2 - VOSA is responsible for both Cars and "Components fitted as original equipment."
VOSA's Code of Practice lays out statutory responsibility to take forward Safety Defect investigations in both passenger cars, and "components fitted as original equipment.

Point 3 - NO "reasonable Warnings or Instructions AT POINT OF SALE
When the product has been accompanied by "reasonable warnings or instructions" AT POINT OF SALE, and there has been non-compliance with these warnings or instructions, there is not normally an investigation.
This "backwards sentence" of course implies the opposite, that when there have NOT been Warnings AT POINT OF SALE they DO investigate!!!

Argument using Point 1 "Definition of a Safety Defect"
The Clio 2 bonnet catch mechanism corrodes over time and won't operate.
This IS a dangerous "FEATURE " of both Design and Construction.
It IS "liable to cause significant RISK of personal injury or death."

Argument using Point 2 "VOSA is responsible for Cars and Components fitted as Original Equipment
The Clio 2 bonnet catch mechanism IS a component fitted as original equipment in a passenger car. VOSA therefore has statutory responsibility to investigate and statutory power to take action, including impose fines or order a recall.

Argument using Point 3 - "No reasonable Warnings or Instructions at Point of Sale

The Clio 2 was NOT accompanied by "reasonable warnings or instructions AT POINT OF SALE" that the bonnet catch mechanism would rust without maintenance., hence the compliance issue is irrelevant.

That means the owner is not expected to know without being warned that the bonnet catch mechanism needed maintenance.

Good luck with VOSA!!!


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