Failed my WOF on a 3 yr old car

Forums › Transport (cars, bikes and boats) › Failed my WOF on a 3 yr old car

FineWine

2677 posts

Uber Geek

Trusted

Nurse (R)

Lifetime subscriber

#303511 15-Feb-2023 12:56

So Yesterday took my 3 year old Kia Sportage EX (2019) in for its 4th regular service and a WOF. It failed its WOF.

When I dropped the car off I reported that the Electronic Hand Brake toggle switch was intermittently stiff. On inspection they reported that it was faulty and needed to be replaced and therefore did not meet WOF standards. Yes it is intermittently stiff but still works as it should.

My WOF expires on the 17 February.

Yesterday on pick up from local branch, was informed of WOF failure and that a new part would take 2 weeks express from Korea. Today got a phone call and informed that HQ had told the local branch that there is a back log off orders from Korea and it is going to take 6 weeks, at least. Oh and yes this is all under warranty.

They were not forth coming in saying that this is not an isolated case and that those "back-orders" are not all Electronic Hand Break switches.

My question, is yes I should not drive the vehicle after the 17 February but if I do and happen, unluckily, to be pulled over, would the nice police person let me off concerning the WOF even if I show them all the service/WOF paperwork ??

iMac 27" [14.2] (late 2013), Airport Time Capsule 5th gen, iPhone13 x 2, iPad6, iPad Mini5, Spark Smart Modem 1st Gen

Panasonic TV Viera TH-L50E6Z (1080p), Panasonic Blu-ray PVR DMR-BWT835, Yamaha AVR RX-V1085 [6.1 Surround Speaker System], Apple TV 4k 64Gb (2nd gen)

Kia Sportage Urban EX (2019), Suzuki Swift SR7 (2011)

The difficult we can do immediately. The impossible takes a bit longer. But Miracles you will have to wait for.

1 | 2 | 3 | 4 | 5 | 6 | ... | 8

4 posts

Wannabe Geek

ID Verified

#3037009 15-Feb-2023 13:00

Worse will be in you have an accident and your insurer uses it as an excuse to not pay out.

I'd push Kia for a loan car.

Backblaze

Backblaze Unlimited Backup. World’s easiest cloud backup. Get peace of mind knowing your files are backed up securely in the cloud (affiliate link).

rb99

3007 posts

Uber Geek

Lifetime subscriber

#3037010 15-Feb-2023 13:02

Wouldn't it be more of a question of no WOF, no insurance (said he, answering a question with another one...) ?

Edit: btw electronic handbrakes sound like something taken from Zen and the Art of Pointless Complication. I mean what wrong with a handle with a button on the end connected to a cable ?

“The modern conservative is engaged in one of man's oldest exercises in moral philosophy; that is, the search for a superior moral justification for selfishness.” -John Kenneth Galbraith

rb99

trig42

5604 posts

Uber Geek

ID Verified

#3037014 15-Feb-2023 13:08

I had a similar thing happen (also with a Sportage).

Failed for crack (chip) in windscreen, I booked it into Smith and Smith, and they kept pushing the install date out, it got to three weeks, and my WOF was now expired, and then when I showed up, the windscreen they had sent from their DC was broken when they unpacked it.

I kept driving, and hoped that the nice policeman would listen.

My issue was, who was paying for the Warrant re-check as this mucking around stretched it out past the free recheck period. I asked S&S to pay if they wanted to install it on their original timeframe (had to add another week to rebook me after they unpacked a broken screen). Miraculously, they found an available slot the next day :)

In your case, I'd be pushing Kia for a courtesy car - yours is a warranty issue, and therefore on them.

floydbloke

3172 posts

Uber Geek

ID Verified

#3037016 15-Feb-2023 13:09

FineWine:

...

yes I should not drive the vehicle after the 17 February ...

Technically your car has been deemed not roadworthy already so you shouldn't be driving it at all unless on your way to get it remedied.

...which is probably the most unhelpful response ever, sorry 🙃.

After I was born, I didn't talk to my parents for two years.

BlakJak

1094 posts

Uber Geek

Trusted

#3037018 15-Feb-2023 13:13

I've been driving around for the last fortnight without a WoF because of a laundry list of things that needs fixing (dropped it off today... had to wait for the shop concerned to have capacity, and also had to wait to ensure i'd not need it for the week i'll be without it).

The gamble is, should something untoward occur:

- Would the item(s) for which you failed WoF have made a difference in terms of preventing the accident?

- Will your insurance pay out? They might. They also might not, depending on how weasel-y they want to be.

- You are in breach of the law, and whilst Police would have discretion if you can show good intent (like, your wof sheet and be able to prove it's 'underway') you can't assume this. On their bad day they could still ticket you.

- Cars parked on the street can be ticketed for being out of WoF as well. (I've been avoiding street parking for the last couple of weeks).

It's a gamble, make no assumptions.

Agree that if this is a warranty thing you should be getting a courtesy car out of your vendor which neatly nips the whole thing in the bud; the delay in supplying parts is not your fault.

No signature to see here, move along...

networkn

Networkn
30207 posts

Uber Geek

ID Verified

Trusted

Lifetime subscriber

#3037027 15-Feb-2023 13:24

For the insurance company not to pay out they would need to prove the failure was directly related to the failure. If you drove into a tree drunk, they would not be able to use WOF failure on handbrake to refuse coverage.

Having said that, I'd be making this Kia's problem.

Obraik

1962 posts

Uber Geek

#3037031 15-Feb-2023 13:26

If the WoF has been registered as a fail then you can't drive it now, even though it wasn't meant to expire until Feb 17.

I actually had the same issue with my Tesla. I thought I'd be proactive and take it in a month early since it was its first real inspection since I purchased it three years ago. It failed due to a number of suspension parts having excessive wear and there was around a 2-3 week wait for the parts to come in. Initially they thought it was fine for me to drive it but upon finding out that isn't the case and that a failed WoF inspection nullifies the current WoF, I went back to them and they gave me a loan car to use for the rest of the waiting period.

I would be talking to Kia to ask them to give you a loan car while you wait, since it's a warranty repair.

Looking to buy a Tesla? Use my referral link and we both get credits

rb99

3007 posts

Uber Geek

Lifetime subscriber

#3037034 15-Feb-2023 13:30

networkn:

For the insurance company not to pay out they would need to prove the failure was directly related to the failure. If you drove into a tree drunk, they would not be able to use WOF failure on handbrake to refuse coverage.

Having said that, I'd be making this Kia's problem.

Erm, do insurance companies know that. Aren't these (almost) the same insurance companies that refuse to pay out life insurance claims because you forgot to mention you stubbed you big toe 35 years ago and you didn't declare it ?

“The modern conservative is engaged in one of man's oldest exercises in moral philosophy; that is, the search for a superior moral justification for selfishness.” -John Kenneth Galbraith

rb99

Bung

5433 posts

Uber Geek

Subscriber

#3037036 15-Feb-2023 13:52

Obraik:
If the WoF has been registered as a fail then you can't drive it now, even though it wasn't meant to expire until Feb 17.

I actually had the same issue with my Tesla. I thought I'd be proactive and take it in a month early since it was its first real inspection since I purchased it three years ago. It failed due to a number of suspension parts having excessive wear and there was around a 2-3 week wait for the parts to come in. Initially they thought it was fine for me to drive it but upon finding out that isn't the case and that a failed WoF inspection nullifies the current WoF, I went back to them and they gave me a loan car to use for the rest of the waiting period.

I would be talking to Kia to ask them to give you a loan car while you wait, since it's a warranty repair.

AFAIK a failed WoF test does not nullify the existing WoF. That still remains as a historic record that the car passed on that date. The testing station shouldn't scrape that sticker off unless they are replacing it. A Warrant is only cancelled in cases where LTNZ take action when they know the original test was invalid. You are always responsible for keeping the car up to warrant of fitness standard and the failed test would be evidence that it wasn't.

Even though it's a WoF item the handbrake is rarely an "emergency" brake today. It is a parking brake.

Obraik

1962 posts

Uber Geek

#3037038 15-Feb-2023 14:02

Bung:

AFAIK a failed WoF test does not nullify the existing WoF. That still remains as a historic record that the car passed on that date. The testing station shouldn't scrape that sticker off unless they are replacing it. A Warrant is only cancelled in cases where LTNZ take action when they know the original test was invalid. You are always responsible for keeping the car up to warrant of fitness standard and the failed test would be evidence that it wasn't.

Even though it's a WoF item the handbrake is rarely an "emergency" brake today. It is a parking brake.

This point from Waka Kotahi seems pretty clear that a failed WoF is the same as an expired WoF

Looking to buy a Tesla? Use my referral link and we both get credits

Bung

5433 posts

Uber Geek

Subscriber

#3037039 15-Feb-2023 14:02

rb99:
networkn:

For the insurance company not to pay out they would need to prove the failure was directly related to the failure. If you drove into a tree drunk, they would not be able to use WOF failure on handbrake to refuse coverage.

Having said that, I'd be making this Kia's problem.

Erm, do insurance companies know that. Aren't these (almost) the same insurance companies that refuse to pay out life insurance claims because you forgot to mention you stubbed you big toe 35 years ago and you didn't declare it ?

Yes insurance companies are well aware. When my wife was working she was on the same floor as a small law firm. One of the lawyers used to work for an insurance company. If I met him in the lift I would often bounce GZ hypothetical off him. He classed most as FUD and referred to the Insurance Law Reform Act.

Bung

5433 posts

Uber Geek

Subscriber

#3037046 15-Feb-2023 14:19

Obraik:
Bung:

AFAIK a failed WoF test does not nullify the existing WoF. That still remains as a historic record that the car passed on that date. The testing station shouldn't scrape that sticker off unless they are replacing it. A Warrant is only cancelled in cases where LTNZ take action when they know the original test was invalid. You are always responsible for keeping the car up to warrant of fitness standard and the failed test would be evidence that it wasn't.

Even though it's a WoF item the handbrake is rarely an "emergency" brake today. It is a parking brake.

This point from Waka Kotahi seems pretty clear that a failed WoF is the same as an expired WoF

It says you have to fix the defect "before it can again be operated for other purposes up to the date the WoF/CoF expires."
If you were failed for a dead bulb for example you'd only have to replace the bulb then the car would be back to wof standard. No different to getting your tyres replaced part way through a 1yr warrant. You don't have to retest unless the existing wof is out of date.

Obraik

1962 posts

Uber Geek

#3037047 15-Feb-2023 14:25

Bung:

It says you have to fix the defect "before it can again be operated for other purposes up to the date the WoF/CoF expires."
If you were failed for a dead bulb for example you'd only have to replace the bulb then the car would be back to wof standard. No different to getting your tyres replaced part way through a 1yr warrant. You don't have to retest unless the existing wof is out of date.

Right...but if you're waiting on a part to arrive to rectify that failure then you can't drive the car until that part is replaced. Same as if the WoF had expired.

Looking to buy a Tesla? Use my referral link and we both get credits

Bung

5433 posts

Uber Geek

Subscriber

#3037053 15-Feb-2023 14:32

But if the car was parked outside your property you wouldn't be a target for over zealous parking enforcement. They'd still see your current sticker with some time left on it.

Behodar

9245 posts

Uber Geek

Trusted

Lifetime subscriber

#3037054 15-Feb-2023 14:33

Bung: But if the car was parked outside your property you wouldn't be a target for over zealous parking enforcement. They'd still see your current sticker with some time left on it.

One of the neighbours got pinged for an expired WOF on a car he doesn't use.

"It was on private property."

"One of the wheels was touching the footpath. Pay up."

1 | 2 | 3 | 4 | 5 | 6 | ... | 8