M3 - is it up to the job?
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The extent of our litigious society in which everything is tied up in rules
and regulations and common sense cannot be applied is now becoming increasingly
obvious. No one should be more aware of that than car drivers.
With the anti-car movement in full swing with regard to enjoying your car on
the roads, many enthusiasts have taken to the track to get their thrills. This
non-competitive activity, typically enjoyed with strict safety measures is now
is now suffering another blow from the very industry that is supposed to be
supporting it.
The issue of insurance has been a grey area for some time, with many
insurance companies claiming that track days and driver improvement courses are
not covered by their policies when the contrary is often true. Now we're seeing
the same story emerging with regard to manufacturers' warranties.
PistonHeads reader Steve Carter from Warwickshire, recently discovered that
BMW was trying to use track day attendance as a basis to dispute warranty
claims.
Having bought an E46 model BMW M3 coupe in 2001, Steve decided the safest way
to enjoy the full potential of the car would be on professionally organised
track days. He attended a number of track days and sought instruction from ARDS
qualified instructors.
Soon after a Silverstone track day, Steve noticed some undue mechanical noise
from the M3’s gearbox: “I was rather concerned, so booked the car in at
my local BMW dealer,” said Carter. “They later diagnosed that a pin
locating the flywheel had heat-shrunk and come adrift, causing the webbing to
break inside the gearbox. This necessitated (at great expense) a new flywheel,
clutch and gearbox.
“I was told by the BMW dealer that this repair was not covered under the
terms of the BMW warranty, due to the fact that ‘racing, rallying or other
competitive sports’ were specifically excluded. Yet my driving on the track
days was nothing of the sort.
“I was therefore landed with a huge bill, despite the fact that the BMW
M3 is a high performance car by its very nature and design – and that BMW
themselves often test and launch their cars at racing circuits.”
After having consulted with his lawyer, Carter challenged BMW, who had told
him that his ‘warranty policy [was] now no longer valid’. They then admitted
that the warranty was valid, but that:
- Any mechanical failure sustained on any form of track or driver
improvement day will not be covered by a BMW warranty;
- That the mechanical failure was an ‘extremely rare’ occurrence,
despite the fact that Carter knows of at least one other M owner who has
experienced the same problem.
Steve is now considering a claim against BMW for breach of contract, and is
bewildered by the whole situation.
It
seems strange that Porsche and TVR actively encourage new owners to take
advanced driving courses, yet BMW seem worried about track use
And having spent more than £40,000 on a performance car with an
‘M’ badge – for motorsport – on its rump, surely I should be able to
drive the car with a degree of verve without it breaking.
Track day enthusiasts will be watching the issue with interest as it could
once again prove the thin end of the wedge. BMW will no doubt be reviewing their
policy on the matter or it could seriously damage the reputation of their M
series cars - perhaps they are only suitable for the Kings Road?