Have you seen my catalytic converter?

legal_updates

In February this year, VOSA issued a notice stating that “Any vehicle where a catalytic converter or particulate filter is missing where one was fitted as standard will fail the test”.

Author: Nona Bowkis
Published:
Reading time: 2 minutes

This article is 7 years old.

Read our disclaimer keyboard_arrow_down

This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.

All characters are fictitious and should not be taken as referring to any person living or dead.

Use of this website shall be considered acceptance of the terms of the disclaimer presented above.

We have had a few calls of late regarding catalytic converters, specifically missing ones.

A car has been sold, and some time later the customer returns to the dealer to report that they have found themselves on the wrong side of an MOT failure due to the lack of a catalytic converter. In February this year, VOSA issued a notice stating that “Any vehicle where a catalytic converter or particulate filter is missing where one was fitted as standard will fail the test”.

Now the question for our dealers is how do you establish that one was present on the car when it was sold? If it wasn’t present, the car was arguably sold as unroadworthy – not good. If the MOT was undertaken before the rule change in February, then the dealer is going to have trouble arguing otherwise. If however, you are selling a car which has an MOT dated after the 16 February 2014 you will be in a stronger position – a good as reason as any to put any car you are selling through a new MOT if the current one ran out before February.

All that said, who would a judge believe? It’s a difficult one to call but with reports published last year about the rise in thefts of catalytic converters, dealers who sold a car with a post February 2014 MOT may well be able to argue their corner better despite the trend against car dealers.

Nona Bowkis

Legal Advisor

Read more by this author

Getting in touch

You can contact us via the form or you can call us on 01480 455500.