STOP DRIVE recall notice - legalities and repercussions

[jfdi]

I received a recall notice for my Mercedes GL yesterday for a potential issue with corrosion to the brake booster (servo) housing which could cause total brake failure. The recall notice is titled (STOP DRIVE): Brake booster and goes on the state "your car should not be driven until the Safety Recall has been completed"
The recall I believe affects all Mercedes GLs MLs and R classes from 2006 to about 2016, so a lot of cars. To be fair to Mercedes I they appear to have handled it very well based on the fact after a phone call to the main dealers, I've a technician booked to visit the car at home tomorrow to check it.
I get the reasoning for the don't drive in the recall, in effect absolving Mercedes of any fault should the worst happen. However what would/could happen to the driver should they choose to ignore this advice and the worse does happen. Is there any case law or precedent set?

[paddy1970]

According to the RAC: "By law, you’re responsible for ensuring your car is in a roadworthy condition, so ignoring a safety recall could land you in hot water with the police.

It could also affect any car insurance claim you make.

A collision found to have been caused by a mechanical fault that you’ve failed to have remedied despite a recall notice could invalidate your insurance."


https://www.rac.co.uk/drive/advice/buying-and-sell...

[martinbiz]

Popcorn at the ready

[No ideas for a name]

jfdi said:

I received a recall notice for my Mercedes GL yesterday for a potential issue with corrosion to the brake booster (servo) housing which could cause total brake failure. The recall notice is titled (STOP DRIVE): Brake booster and goes on the state "your car should not be driven until the Safety Recall has been completed"
The recall I believe affects all Mercedes GLs MLs and R classes from 2006 to about 2016, so a lot of cars. To be fair to Mercedes I they appear to have handled it very well based on the fact after a phone call to the main dealers, I've a technician booked to visit the car at home tomorrow to check it.
I get the reasoning for the don't drive in the recall, in effect absolving Mercedes of any fault should the worst happen. However what would/could happen to the driver should they choose to ignore this advice and the worse does happen. Is there any case law or precedent set?

I would say, inspect it yourself and you should be able to see if yours is affected. Then make a decision based on that.
If they send out someone to inspect, then it must be obvious without needing disassembly.

"An authorized Mercedes-Benz dealer will remove the rubber sleeve and inspect the brake booster housing on the affected vehicles," Mercedes said. "Vehicles that do not exhibit advanced corrosion may continue to be driven with no further action. Vehicles that show advanced corrosion will have an additional test performed to ensure the functionality of the brake booster. Vehicles that pass the additional test may be driven for up to two years but must return for an additional repair."

https://www.autoblog.com/2022/05/12/mercedes-suv-b...

Edit: Added quote/link

Edited by No ideas for a name on Thursday 26th May 13:26

[jfdi]

martinbiz said:

Popcorn at the ready

Thankfully I don't need to drive it till the weekend and so long as the technician turns up tomorrow then all's good. Providing he doesn't condemn it, in which case a nice GLS63 courtesy car (with towbar) will do nicely thanks With fuel allowance as well please.

Just seem a bit of a odd one, yesterday I could drive the car, no issue. Yet today I can't drive it as Mercedes have sent me a letter. I'm just curious as to the legalities around it.

[jfdi]

No ideas for a name said:

I would say, inspect it yourself and you should be able to see if yours is affected. Then make a decision based on that.
If they send out someone to inspect, then it must be obvious without needing disassembly.

I have had a look and can't see any rust at all on the accessible parts. The issue stems from the fact they fitted a rubber boot around the brake servo which can trap moisture causing rust. I've peeled back the boot where I can but that's only the top of the servo as it's buried under the scuttle panel tight against the bulkhead. I'll be interesting to see just how much the technician checks tomorrow.

[LordHaveMurci]

jfdi said:

Thankfully I don't need to drive it till the weekend and so long as the technician turns up tomorrow then all's good. Providing he doesn't condemn it, in which case a nice GLS63 courtesy car (with towbar) will do nicely thanks With fuel allowance as well please.

Just seem a bit of a odd one, yesterday I could drive the car, no issue. Yet today I can't drive it as Mercedes have sent me a letter. I'm just curious as to the legalities around it.

What letter?

[jfdi]

LordHaveMurci said:

What letter?

A?

[Pica-Pica]

jfdi said:

LordHaveMurci said:

What letter?

A?

Omicron?

[fred bloggs]

Mercedes GL. Are you married to Wayne Rooney ?

[Canon_Fodder]

No ideas for a name said:

"An authorized Mercedes-Benz dealer will remove the rubber sleeve and inspect the brake booster housing on the affected vehicles," Mercedes said. "Vehicles that do not exhibit advanced corrosion may continue to be driven with no further action. Vehicles that show advanced corrosion will have an additional test performed to ensure the functionality of the brake booster. Vehicles that pass the additional test may be driven for up to two years but must return for an additional repair."

So worst possible scenario is that yours shows 'advanced corrosion' but passes the 'additional test'.

You then have that momentary frisson of excitement every time you press the stop pedal for 2 years before they get round to repairing it for you

[Sheepshanks]

Canon_Fodder said:

So worst possible scenario is that yours shows 'advanced corrosion' but passes the 'additional test'.

You then have that momentary frisson of excitement every time you press the stop pedal for 2 years before they get round to repairing it for you

To be honest that's normal with Mercs, even not very old ones, as they suffer quite badly from brake pipe and rear sub-frame corrosion.

What tipped me over the edge to get rid of mine was it started to play on my mind about having my grandchildren in it.

[IJWS15]

jfdi said:

Thankfully I don't need to drive it till the weekend and so long as the technician turns up tomorrow then all's good. Providing he doesn't condemn it, in which case a nice GLS63 courtesy car (with towbar) will do nicely thanks With fuel allowance as well please.

Just seem a bit of a odd one, yesterday I could drive the car, no issue. Yet today I can't drive it as Mercedes have sent me a letter. I'm just curious as to the legalities around it.

Dopesn't affect the drivers liability at all, except that yesterday you might have had a claim for costs arising from an accident against Mercedes (they knew about the issue but hadn't told you) and today you don't (because they have told you not to drive it). Of course the driver still takes any points or prison time.

[jfdi]

Car inspected and passed as safe. Technician removed the rubber boot from around the servo and examined it for signs of rust staining. Anything greater than 15mm and the car has to undergo a servo pressure test at greater than normal operating pressure. Mine passed on just the visual inspection with only a very small rust stain visible. He did show me a photo of another car he had done with very noticeable rust staining around the rubber boot.

[Canon_Fodder]

How old is your car please OP?

[jfdi]

2010

[Canon_Fodder]

That level of rust on a 12yo car sounds ok then - phew, you're back on the road