Car sold without legal lights

[TLSH31]

I bought a car from a large dealer nearly two years ago.

I took it for the first MOT today and it failed because the headlights are european and point the wrong way. Also the reverse and fog lights are the wrong way round.

The garage who MOT'd it said I should go back to the dealer and ask them to put it right as they sold me a car which isn't road legal. Are they obliged to do this? Will they have to pick the car up as it's not legal for me to drive and provide me with an alternative as I am left with no vehicle and extra costs to travel to work.

If they refuse can I get Trading Standards involved and how long does this take as I can't afford to keep the car off the road for long. However I'm told the parts and labour will be costly and I can't really afford to pay for the repair upfront!

I have spent hours on google without finding any answers to any advice would be greatfully received.

[Silk]

I take it the car was an import ?
Did you buy the car knowing that it was an import ?

[scotsman4th]

I'll set myself up for a fall first.
Is it right hand drive? If it's right hand drive, how can the headlights point the wrong way? Every country in the world that drive on the right will have them pointing the same way. (Japan, Australia, Cyprus, New Zealand)
Can fog/reverse lights be a right or a wrong way round? A reverse light isnt needed for an MOT is it? So that should be out.

What is the make and model of car?

[mikey72]

My father had a Golf from new like that. They were changed for uk spec by the dealer at the first MOT when it was found. Just been wrongly built. But it was one owner, and dealer serviced, so there was no arguement they had been changed before anytime in it's life.

[TLSH31]

It's a Ford Focus.

It is right hand drive but apparently the headlights point as if it's driven on the RH side of the road. I think its the fog light which is required to be on a certain side rather than the reverse light but I'm not sure.

I had no idea it was imported it doesn't say on the V5 and no way of knowing about the lights by looking at it myself. It was only 12 months old when I bought it with one owner. I have read that you can register a car bought on continent as new in the UK as long as you do it within a certain time and it hasn't been registered previously.

As this was sold to me to drive in the UK does that mean it's not 'fit for purpose'?

I'm hoping that the dealer will agree to change them as with the Golf but I wanted to try and work out what my actual rights were before I contact them tomorrow.

[Silk]

Is the rear fog lamp on the O/S looking at the rear of the car or is that where the reversing lamp is ?

[TLSH31]

It's on the N/S but should be on the O/S

[Silk]

Ok,
It sounds like an import as you think ordered on the continent etc and what should have happened was the lights should have been changed when it came in and its been missed ?
It was a popular thing to do a few years ago with firms specialising in that sort of thing.
It's possible the dealer didn't notice due to human error when he sold you the car.
I suppose thinking it through the MOT station is correct that the dealer did sell you an illegaly equiped car although its probably not on purpose.
Best to contact the dealer and explain whats happened and hope for the best

[1984ReturnsForReal]

I'll set myself up for a fall first.
Is it right hand drive? If it's right hand drive, how can the headlights point the wrong way? Every country in the world that drive on the right will have them pointing the same way. (Japan, Australia, Cyprus, New Zealand)
Can fog/reverse lights be a right or a wrong way round? A reverse light isnt needed for an MOT is it? So that should be out.

What is the make and model of car?


The lamps reflect & direct the beam to cover the areas needed whilst driving on the opposite side of the road. They light up the kerbside so you can see it rather than blind all oncoming drivers...

So if the lighting isnt changed with a car from a country that drives on the right crashes happen & its the same with ours going to europe. Nothing to do with what side the steering wheel is on.

[KeithP]

The lamps reflect & direct the beam to cover the areas needed whilst driving on the opposite side of the road. They light up the kerbside so you can see it rather than blind all oncoming drivers...
But if the OP has never driven the car at night he wouldn't have noticed the headlights pointing at the wrong side of the road would he?;)

[1984ReturnsForReal]

But if the OP has never driven the car at night he wouldn't have noticed the headlights pointing at the wrong side of the road would he?;)


Obviously.

Because if he did drive it in the dark he would of noticed a few hundred people flash at him everytime & even Paris Hilton isnt that popular.

I wonder what the RTA rate is where he lives???

:eek:

[harveybobbles]

The fog light should be on the outside light cluster. ie if it's right hand drive it should be on the right, if its left hand drive it should be on the left... some, but not many have two rear fog lights. As for the reverse light - it's not tested on the MOT, so your guy was just being helpful pointing it out.

It could have had a bump and someone relaced the lights with some cheap ones which were never tested correctly.

I had a 307 with aftermarket headlights which were the wrong way, but it passed it's mot.

[molerat]

Possibly original ordered for British Forces Germany and for some reason not delivered or sold early on.

[Silk]

I had a 307 with aftermarket headlights which were the wrong way, but it passed it's mot.

It would not pass an MOT if the lights dipped the wrong way so either they did dip the right way or the MOT station did not test them ;)

[DrScotsman]

Okay, this thread is a bit all over the place as to where the car is from, so let's make it clear.

Is it right hand drive?
Did you buy it in the UK?
At any point were you told it was an import?
At any point were you told that the lights were pointing the wrong way?

If you answer Yes/Yes/No/No, then you have a very clear cut case in my opinion, unless there's something in another act that cancels out the Sale of Goods Act. For the car to be "fit for purpose" it would have to be road legal (unless you bought it for £1 or something like that), which it isn't. So the dealer is liable to make it fit for purpose, and provided that's all you failed the MOT on, pay your retest fees (although I imagine they'd try to resist that)

[Hintza]

My suggestion to OP is to speak to dealer first before getting too excited about it. It has happened nothing you can do about it now. All you really want them to do is sort the problem out for you.

I'm slightly concerened that the OP is angling to push this further?

[TLSH31]

Thanks for your advice. As Trading Standards closed I was just looking for some peace of mind as to whether the dealer could just claim he didn't know either and I couldn't do anything about it.

The car was 1st registered in the UK, I'm guessing it was imported because its the only logical explanation. The dealer never said it was imported or said anything about the lights believe me I didn't pay a £1.

Believe it or not though it's not often driven at night I haven't been flashed lots and my partner who drives it says the same. The other problem is just with fog light on the wrong side not the reverse light.

And Hintza, I called the dealer this morning, was passed to 3 different people and then told the person who needed to deal with it would call me back but they had no idea when. I do just want them to 'sort the problem' without the cost and inconvenience of not having a car while they decide what they will do and when they will do it. I hope that resolves your concern.

[Premier]

Possibly original ordered for British Forces Germany and for some reason not delivered or sold early on.

It certainly sounds like an ex-forces vehicle.

I don't think Ford produce a Focus in this configuration (RHD but suited to be driven on RHS of road), but garages in British forces areas (e.g. Germany) modify the vehicles to suit local conditions.

The headlights are quite straightforward; just replace the headlight units.
(I don't think the dipping direction is adjustable like on some cars, e.g. Jaguar)

The rear lights are more problematic. As well as changing the lenses, the wiring would have been modified in some way.

[Premier]

...The other problem is just with fog light on the wrong side not the reverse light...

:confused:

Where is the reversing light situated? I thought it was opposite the fog light in the bumper?

However, if your car has 2 locations for fog lights, but only one side lights, it's possibly very easy to rectify. The wiring loom would cater for both sides. It may simply be a matter of taking out the bulb and putting it in the other side :)

[scotsman4th]

Nothing to do with what side the steering wheel is on.

I'd imagine any company in the world building cars for the UK market will first of all decide "Right, lets put the steering wheel on the right hand side for these ones" then some little guy in the corner will say "and we better change the way the lights shine as well so we dont blind oncoming vehicles".

[Hotspur]

The Sale of Goods Act applies and the good (car) must be fit for purpose when sold/supplied. If you can show it wasn't, and the MOT test fail is a good indication, then you have six years in order to make a claim.

The resolution would be, IMO, for the seller to rectify the problem by replacing the lights with the appropriate parts. I would expect the seller to replace all parts FOC as lighting isn't generally considered a wear and tear item.

[PeteMc]

I agree it was probably a forces vehicle, bought in the UK and main dealer supplied but with LHD lighting. You won't see any trace of it being exported and re-imported on the V5. My 08 car is now on its 3rd registration number (UK/France/UK) but the V5 shows it as if it was registered from Day 1 with its existing number.

European countries are cracking down more on residents who have RHD cars and, for example, in France the controle technique (MOT) will fail RHD cars that don't have LHD lighting. The sticky beam deflectors are not sufficient. Tourists are OK (for now!).

To be fair, the garage probably didn't notice as it is not a common situation but I reckon they should be the ones putting it right.

[Herr Schmitt]

It is almost definately an ex- British Forces Germany car. They have to have the European Lights fitted to pass the light test in Germany, but are normally originally supplied with the UK & EU lights. I would contact the dealer you bought it from on the UK so that they can either get the UK lights from the Squaddie or cough up for a new pair!