Michael McAleeranswers your questions
From F Chance:
I bought a vehicle in January 2006 and it was registered as a new 2006 vehicle. I later discovered that it had been imported in April 2003, so it was almost three years old. The garage has consistently argued that 'Regardless of how long a vehicle is in stock, it is still considered new until registered.' It seems obvious to me that vehicles kept in storage will deteriorate.
Is there any limit to how long a garage can keep a vehicle in storage and still sell it as new? Is there any requirement on garages to bring to the vendor's attention the fact that the vehicle has been in storage?
This is a huge issue for consumers at this time of year. Several mainstream manufacturers may have over-ordered particular model variants last January and will now be hoping to sell them on next month. For the past year, however, these cars will have most likely been sitting in a compound, open to the elements.
Legally there is no limit as to how long a garage can keep a vehicle and sell it as new, just as there is no limit on other non-perishable items like TVs or computers. Similarly, as with these there is normally some financial consideration given if the car has been on the forecourt or in a yard for some time, and the salesperson is keen to sell.
There are, however, issues about how the vehicle might have been stored.
According to Dermot Jewell of the Consumer Association of Ireland, the key issue could centre on whether you chose this particular vehicle based on a brochure or advertisement you saw and whether what you sought was a 2006 specified model. If there have been changes to the model during the interim, even small changes to the specification on offer, then you have a case under the Sale of Goods Act.
As regards deterioration, the elements most prone to corrosion would include any exposed aluminium parts which may take on a clouded appearance and also the metal clips on pipes. Over an excessively long period outside, there may also be marks left on the brake discs if the pads are locked on one spot for several months.
Cars that are in storage have their horizontal body parts covered in a white protective film to prevent acid damage or scrapes. This is normally removed prior to delivery and the surfaces are polished. In general, however, mainstream vehicles do not suffer unduly during storage and apart from weathering that can be countered with a good cleaning, the engine should not suffer unduly.
From LS:
I recently imported a BMW 3-Series (E30 model) and was surprised to find that it costs more in VRT than the later E36 3-Series. Clearly this is proof that the revenue are putting up VRT on imported models. Is VRT not an age-related tax?
Age is a good indicator for expected tax charges, but as in this case there are exceptions. VRT is actually based on what the Revenue Commissioners define as the Open Market Selling Price of the car (OMSP).
This means that with used cars it's estimated on the expected resale value of the car. The problem arises in that Revenue are the ones who decide what the OMSP is. There is an appeals process if you feel you have been overcharged, but my problem with the system is that the method for setting the OMSP is far from transparent.
What your experience shows is that the BMW 3-Series E30 (1984 to 1994) is better regarded by Revenue - and in truth by most buyers - than the E36 version from 1992 to 1998.
From E Quinn:
Do Garda cars no longer have to use blue lights? Last week a car pulled up behind me flashing its headlights and with hazard lights flashing. It was only after nearly a minute that the driver used a siren. I have no problem pulling in for a garda car but surely there is far more visible warning if there was a blue light on the roof, even one of those temporary lights that can be added to the roof at a moment's notice.
According to a Garda spokeswoman, the new unmarked cars are fitted with blue lights at the front but these are located on the dashboard so the temporary magnetic roof lights are no longer needed.
However, I would have to agree with you that the new system of dashboard and rear window lighting for unmarked Garda cars is not as good as the highly visible roof-mounted lights. Some months ago I was crossing a junction in Palmerstown and although I could hear the siren I could not spot the Garda car. It was not until it was halfway across the junction and within danger of being side-swiped by my vehicle that I realised it was the errant Ford Focus saloon which seemed to have jumped the lights that was making all the noise.
From a Garda point of view, I'm sure the new system is more discreet but I doubt it does the confidence of Garda drivers any good to have to tackle city traffic with the chance of going unnoticed.
Send your queries to Motors Helpdesk, The Irish Times, Tara Street, Dublin 2 or e-mail motorshelp@irish-times.ie