Middle of Nov 2002 I asked a
Brisbane tyre fitting company to repair a nail hole in my 10 ply 4WD tyre. (A $300 tyre)
I showed the
young apprentice the nail and the air escaping from around the small nail (2 inches long).
Before the work started I showed the apprentice a small superficial cut that the tyre had received 20000kms ago. I told him that the superficial cut had been checked by three tyre fitters and been declared safe to drive on by each one of the fitters. I wanted the nail hole repaired and I did not want the superficial cut touched/poked/pulled in anyway.
The apprentice said: "yes no problem we are going to take the tyre apart." (Meaning, "I am going to have a look at the nail and repair it")
The apprentice separated completely the tyre from the rim with the hydraulic tyre machine.
The apprentice then said immediately:" I can not repair that nail hole because the small cut looks bad and this is against health and safety workplace to repair such a tyre, you have to buy and other one. I can get you one brand new one now". I refused to buy a new tyre.
The apprentice refused to put back the tyre on the rim.
The tyre fitter manager was called and also refused to have the tyre put back on the rim. But as I am talking to the tyre fitter manager, the apprentice had grabbed my tyre and was trying to pierce the superficial cut with his fingernails. Unsuccessfully he then tried to pierce my tyre with a bolt lying around on the workbench. The apprentice was trying to prove, at any cost, my tyre was unsafe to drive, by piercing it.
The tyre fitter manager told me" under the Queensland Workplace and Safety a tyre fitter is not allowed to put back an "unsafe" tyre on the rim even if the "unsafe" tyre is not repaired or inflated".
Before the apprentice managed to pierce my tyre with a screwdriver I grabbed my tyre and my rim and drove back
home.
From
home I called the Queensland Department of Workplace and Safety who told this has nothing to do with them and they have not got such laws in Queensland regarding the fitting of good or bad tyre.
The Qld Dept of FairTrading (Consumer Affairs) told me that even with a bad tyre the "duty of care" is not a good enough reason to condemned a tyre or a car. Using "the Duty of Care " argument wrongly is simply against Queensland Consumer Laws.
With a tyre lever and my bead breaker plus a couple of patches it took me 30 minutes to repair my 4WD tyre.
Claiming duty of care or any other reasons from a tyre fitter or mechanic (unless asked to do so under the Licensed Road Worthy Certificate laws) is unlawful and a form of black mail.
This is the reason why serious car workshops and tyre fitters ask the customer to sign a protection declaration before any work starts.
What about if the mechanic is asked to repair my muffler and then decides to investigate the front
suspension and declare my car unroadworthy. This type of action is unlawful.
Has the mechanic the right to condemn something he/she has not been asked to do?.
Actually without going into the details given to me by Fair Trading (Consumer Affairs) the mechanic has NO rights to repair or investigate something he/she has not been asked to do.
This type of action is against the law.
Mentioning the workplace and Safety, the Duty of Care are intimidating buzz words. Actually this is an illegal practice to do so in most cases.
Trying to wreck someone else tyre in public or in a workshop is actually a criminal act.
I'll be interested to hear from any of you who had any similar situations. Situations where you got conned, tricked and your rights got violated?
The
Brisbane company is tel: 132381
Signed: " a confident consumer".