Things the car isn't type approved for and law / insurance
Things the car isn't type approved for and law / insurance
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Discussion

Duke Caboom

Original Poster:

2,107 posts

224 months

Yesterday (19:23)
quotequote all
The FB forum for my everyday car is populated by rules-Nazis. To the extent that someone was called "unbelievably purile" for saying that they sometimes go 75-80 on the motorway

The car that I share with the Nazis is not type approved to tow or have a roof rack.

Every now and again someone asks what would happen if they fitted a road rack or towed something. They are told they will be arrested for driving an unsafe vehicle and their insurance invalidated.

Is this true? Would someone with a roof rack or small trailer, which was in no way a factor in an accident, really be risking arrest and bankruptcy?

redstar1

353 posts

16 months

Yesterday (19:30)
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Off to Rwanda.

skyebear

1,130 posts

31 months

Yesterday (21:05)
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Duke Caboom said:
The FB forum for my everyday car is populated by rules-Nazis. To the extent that someone was called "unbelievably purile" for saying that they sometimes go 75-80 on the motorway

The car that I share with the Nazis is not type approved to tow or have a roof rack.

Every now and again someone asks what would happen if they fitted a road rack or towed something. They are told they will be arrested for driving an unsafe vehicle and their insurance invalidated.

Is this true? Would someone with a roof rack or small trailer, which was in no way a factor in an accident, really be risking arrest and bankruptcy?
This you? Maniac!



cashmax

1,498 posts

265 months

I fitted a towbar to my F10 M5, which was not type approved for towing. I called the insurance company and told them I had fitted a towbar, which they noted and it reduced the insurance cost by about £35.

So my insurance was not invalidated and I was not arrested whilst towing.

E-bmw

12,588 posts

177 months

Duke Caboom said:
Every now and again someone asks what would happen if they fitted a road rack or towed something. They are told they will be arrested for driving an unsafe vehicle and their insurance invalidated.

Is this true? Would someone with a roof rack or small trailer, which was in no way a factor in an accident, really be risking arrest and bankruptcy?
Whilst it is EXCEEDINGLY unlikely, that doesn't mean it is impossible that doing so would result in legal action of some kind.

Technically your insurance would be null & void that also doesn't mean you won't be able to insure it, however it MAY mean that any claim would be denied 7 insurance could be cancelled.


E-bmw

12,588 posts

177 months

cashmax said:
I fitted a towbar to my F10 M5, which was not type approved for towing. I called the insurance company and told them I had fitted a towbar, which they noted and it reduced the insurance cost by about £35.

So my insurance was not invalidated and I was not arrested whilst towing.
As per my other reply, just because you have been able to insure your car does not mean you are actually in the clear.

As we all know very well insurance companies have no problem taking your money when you open a policy, that does not mean that they will pay out or that it is right & proper.

They are equally good at denying claims further down the line if they find a way to do so.

sam.rog

1,429 posts

103 months

A lot of JDM cars aren’t approved for towing.
Take the legacy for instance. Uk is approved JDM not. The rear crash beams are different between the two and the rear bumper is also different because of this.

A uk towing kit will fit a jdm car.
Crash and cause life changing injuries to someone and I wouldn’t like to be testing how diligent my insurance company were.

AW10

4,645 posts

274 months

Assuming there's no incident I suspect you will never have an issue with a tow bar and/or roof bars on a vehicle which isn't type approved for them.

But if there's an issue (accident etc) the severity of the issue might reveal that the car wasn't supposed to have those items fitted and then it can get murky. For (extreme/silly/ridiculous?) example, if your towbar is ripped loose from the car and trailer goes into the other carriageway and closes the road for 2 hours someone might be interested enough to investigate.

I would at a minimum notify your insurer that a towbar has been fitted. They are v unlikely to know whether or not the car is type approved for a towbar; they will just note it and may adjust the cost.

It all depends on your appetite for risk.

Duke Caboom

Original Poster:

2,107 posts

224 months

Thasnk for the replies. Enjoyed the image.

I'm not thinking of towing or fitting a roof rack, by the way, just interested.

How abount driving about with an empty roof rack and the law? It would be difficult to argue that the roof rack had made the car unsafe. Is the potential offence driving a car driving a car in a condition that it wasn't type approved for or would it need to be demonstrated that it was unsafe as a result?

What if the car was involved in an accident, with an empty roof rack fitted. The roof rack didn't contribute to the cause of the accident. Are we saying insurance company might use it to resit paying out?


paul_c123

2,031 posts

18 months

Others have pointed out that with a large payout looming, insurers may investigate further and no pay.

It doesn't have to be the 6 (or more) figure, life changing serious accident. It could be as simple as, you fit (but don't use) the towbar on a non-type-approved car, it has a rear end shunt, probably not even your fault, and the third party insurer use it as leverage not to pay out. Even if it were only fitted to carry a cycle rack.