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Vehicle mechanic and 'duty of care'?

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Lord Percy
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PostPosted: 18:47 - 28 May 2013    Post subject: Vehicle mechanic and 'duty of care'? Reply with quote

Recently when riding my bike I've been noticing a 'bub-bub-bub-bub-bub-bub-bub', like a constant mild bumping when riding.

Today I changed the chain and rear sprocket on my bike today (for the first time Dance! ). When everything was off and slack, the rear wheel slowly turned down to an obvious heavy point, which means that when I had a new rear tyre fitted only a few weeks ago, it can't have been balanced by the guy who did it. I even saw a balance weight on the wheel which was in such an incorrect position that it was blatantly leftover from the previous tyre.

Is it usually normal practice for a tyre to be balanced when fitted?
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c_dug
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PostPosted: 18:51 - 28 May 2013    Post subject: Reply with quote

Normally they will say price is £xxx including balancing and disposing of the old tyre or something to that effect. Whatever they say is what you've paid for. Unless the tyre is seriously out of balance I would be surprised if you can feel/hear it when riding.
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Snorty
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PostPosted: 18:52 - 28 May 2013    Post subject: Reply with quote

Yeah it's normal practice, everywhere I've used has always balanced it.
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Lord Percy
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PostPosted: 18:59 - 28 May 2013    Post subject: Reply with quote

Hmmm, interesting. Well in fairness I just called and asked for a tyre change. So I got what I asked for, but I just wondered what the general 'done thing' was.

I wonder what the bumping is then? I can only feel it on smooth roads, and usually it goes away when I exceed 40mph.
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Screw Loose
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PostPosted: 19:04 - 28 May 2013    Post subject: Reply with quote

Well first of all you'll have to establish a duty in the first place, this is done by applying the three part Caparo test (established in the case of Caparo V. Dickman to replace the earlier neighbour test set out in Donoghue v. Stevenson).

First of all you have to establish whether damage would be reasonably forseeable, it's clear that by a mechanic not properly fitting a tyre he is likely to cause some damage. Furthermore, the relationship between yourself and the mechanic must be proximate, and seeing as though he was in control of the situation this is clearly the case.

Finally it must be fair, just, and reasonable to apply such a breach, this is apparent.




So you can establish A duty of care you now must prove he breached it.

This would be done by comparing the mechanic with the ordinary reasonable mechanic. As it's clear that the cost and practicality of taking precautions are low (latimer) and the risk is high (Paris) it's clear that the mechanic is in breach ofbhis duties
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Lord Percy
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PostPosted: 19:08 - 28 May 2013    Post subject: Reply with quote

That's very interesting! I have no intention of causing a fuss with him over it. I was just interested in whether he'd done the right thing. In fairness I do think it's quite obviously necessary to balance a tyre. He's only recently started up I think, and unfortunately I won't be going back to him now!
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fozzym
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PostPosted: 19:28 - 28 May 2013    Post subject: Reply with quote

Did you take your bike to him and ask for a new tyre to be fitted or did you just turn up wheel in hand?

Make quite a difference in that if you just took the wheel then how does the mechanic know what you are intending to do with it afterwards.

If you ride there on your bike and ask him to fit a new tyre then he obviously knows its for that bike and you are going to ride it. The norm would be for a new tyre, valve, balancing and fitting to be included in the price.

Obviously you also have a duty to yourself and as such I'd ask your self why you didn't check the work why it was being done or run your eye over it once completed.

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Shaft
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PostPosted: 19:31 - 28 May 2013    Post subject: Reply with quote

Actually, you should go back to him and give him the opportunity to correct the fault, or at least explain what his thinking was, when he did the job.

How he deals with that, should be your test of whether or not he has the customer's interests at the forefront of his mind.

Complaining to the internet, but not to his face, achieves nothing.
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Thelostone
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PostPosted: 19:42 - 28 May 2013    Post subject: Reply with quote

Back when I started riding only posers had their wheels balanced (with early '80s bikes with their spaghetti frames an unbalanced wheel was the least of the your problems) but when I started on decent bikes I got into the habit of asking for it when it needed doing. So as to your question as to what is normal, I don't know as I tell them if I want it doing (I don't bother with knobblies).

I hate it when till monkeys try and get me to buy extra shit which I'd be perfectly capable of asking for if I want it.

So did the mechanic:

A) fail to offer a service which you may not have realized you wanted/needed,
or
B) accord you the respect of knowing your own mind and refrained from trying to pad the bill?

Finally, are you sure the weight(s) haven't fallen or been knocked off?
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Lord Percy
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PostPosted: 21:12 - 28 May 2013    Post subject: Reply with quote

fozzym wrote:


If you ride there on your bike and ask him to fit a new tyre then he obviously knows its for that bike and you are going to ride it. The norm would be for a new tyre, valve, balancing and fitting to be included in the price.


Turned up on my bike with the new tyre strapped to the back Thumbs Up .

Quote:
Obviously you also have a duty to yourself and as such I'd ask your self why you didn't check the work while it was being done or run your eye over it once completed.


What if I was utterly clueless about the workings and maintenance of a motorcycle? Just like I'd expect an electrician, plumber, joiner etc to do a good job to professional standards, I'd expect a mechanic to do the same.

And to address other people who've recently replied:

I'm not looking for rules or laws or complaint procedures etc, I was just asking if I should have expected it to be balanced or not. So I'm not 'complaining on the Internet', I was just asking about the conventionally done thing.

The weights haven't come off. The weight that I did see on the wheel was on the wrong side, so actually the weight (which I have now removed) was adding to imbalance! This is evidence to me that, aside from what I specifically asked for (just a simple tyre change), and as far as expectations go, he did do a bad job.

Come to think of it, when I was in Oz I worked as a balancer in a factory, where we worked on huge metal conveyor rolls for the mining industry. Soon as they exceed the required tolerance, they vibrate and bang around like anything on the axle. Very dangerous. So yeah, balancing is potentially quite a major issue, come to think of it.
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dodgydog
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PostPosted: 21:22 - 28 May 2013    Post subject: Reply with quote

sa1988 wrote:
In fairness I do think it's quite obviously necessary to balance a tyre. He's only recently started up I think, and unfortunately I won't be going back to him now!


Depends. I usually balance mine when I swap tyres, but a mate who races (and races well enough to win the Barry Sheene trophy at Olivers mount) never bothers balancing his.

Although I've never balanced the rear tyre on my Speed Triple, only because I don't have adaptors for it, I've never noticed a problem with it.
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Lord Percy
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PostPosted: 21:25 - 28 May 2013    Post subject: Reply with quote

Hmmm, interesting. Now I don't know any more Thinking. Oh well, I'll just continue as is. Seems like balancing isn't a major issue for bikes then. Thumbs Up . Although I do still wonder if it's the 'normal' thing for professional mechanics to do or not.
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stinkwheel
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PostPosted: 21:46 - 28 May 2013    Post subject: Reply with quote

I doubt they would have balanced a wheel with the cush drive and sprocket carrier in place. They are in place now and even if it was balanced with the carrier in place, the worn sprocket has been changed. Worn sprockets tend to be slightly oval.

You'd need to take them off to check if the wheel itself is out of balance.

The rear wheel on my VFR has never been balanced because you need a special hub carrier to fit it on a balancer.
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sickpup
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PostPosted: 00:16 - 29 May 2013    Post subject: Reply with quote

VehoDiscovery wrote:
Finally it must be fair, just, and reasonable to apply such a breach, this is apparent.


No it isn't

VehoDiscovery wrote:
So you can establish A duty of care you now must prove he breached it.

This would be done by comparing the mechanic with the ordinary reasonable mechanic. As it's clear that the cost and practicality of taking precautions are low (latimer) and the risk is high (Paris) it's clear that the mechanic is in breach ofbhis duties


Frankly you are talking rubbish.

Yes there is a duty of care but did the mechanic fail, no. The mechanic did what he was asked to do, wheel balancing is an extra that is not and never has been integral to changing a tyre. In fact considering that a wheel should if balanced be rebalanced every few thousand miles to account for wear and yet there aren't huge amounts of crashes destroys your theory of a failure in duty of care.

For someone who it would certainly appear knows nothing about the subject of tyre balancing I would suggest you back off and stop giving legal advice to another person who also knows next to nothing.
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lihp
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PostPosted: 00:32 - 29 May 2013    Post subject: Reply with quote

fozzym wrote:
if you just took the wheel then how does the mechanic know what you are intending to do with it afterwards.

If you ride there on your bike and ask him to fit a new tyre then he obviously knows its for that bike and you are going to ride it.


What else are you going to do with a wheel other than put it on a vehicle and ride/drive it?
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devojunior
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PostPosted: 12:05 - 29 May 2013    Post subject: Reply with quote

you would never feel or hear an un blalanced wheel unless going silly speeds.
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c_dug
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PostPosted: 12:33 - 29 May 2013    Post subject: Reply with quote

PhilDawson8270 wrote:
fozzym wrote:
if you just took the wheel then how does the mechanic know what you are intending to do with it afterwards.

If you ride there on your bike and ask him to fit a new tyre then he obviously knows its for that bike and you are going to ride it.


What else are you going to do with a wheel other than put it on a vehicle and ride/drive it?


Wear it as a hat? Duh!
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Teflon-Mike
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PostPosted: 14:14 - 29 May 2013    Post subject: Reply with quote

PhilDawson8270 wrote:
fozzym wrote:
if you just took the wheel then how does the mechanic know what you are intending to do with it afterwards.

If you ride there on your bike and ask him to fit a new tyre then he obviously knows its for that bike and you are going to ride it.


What else are you going to do with a wheel other than put it on a vehicle and ride/drive it?


Take it home, and balence it himself.
He supplied the tyre himself, didn't he?

Might be a a pretty reasonable presumption that tyre fitted to a wheel is going to be put on a motor-vehicle and used on the road, but it IS a presumption.

Especially when you are asking a specialist to only provide a 'part service'.

Drive in with a worn out tyre; and ask for the tyre monkeys to supply, & fit tyre to the 'vehicle', necessitating that they remove the offending wheel from it to fit new tyre, then re-fit wheel to vehcile, ie a complete drive in drive out 'service' then it is MORE reasonable to presume that they should ensure that the tyre as fitted is properly seated and balenced as factory service instructions.

You give them a loose wheel, and a loose tyre, then obviousely you are taking executive responsibility for the job, and strategically charging them with only a small part, the actual tyre change, so THAT is the only bit they need concern themselves with, and anything beyondn gauging your rim, or ripping your new tyre in it, or dropping and cracking the wheel, or whatever... thats on you mate.

Look at the invoice.... if you have one, and it will itemise the work contracted that they are responsible for.

If it doesn't say 'Balencing' you haven't paid them for balencing; and your reason for not asking for that service or challenging thier not suggesting it, is an ommission on your part.

Caveot Emptor - buyer beware... and make sure you know what you are paying for.
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Islander
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PostPosted: 14:36 - 29 May 2013    Post subject: Reply with quote

devojunior wrote:
you would never feel or hear an un blalanced wheel unless going silly speeds.


Not necessarily true. Wobble can occur at any speed depending on how bad the imbalance actually is. My OH used to have a ghastly Citroen with centreless wheels which no local mechanic had the equipment to balance. I've felt the effects of an unbalanced wheel on that at speeds as low as 45mph.
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lihp
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PostPosted: 16:47 - 29 May 2013    Post subject: Reply with quote

The balancing of a car wheel is different to that of a motorcycle wheel.

The width of a car wheel means that the balance inside and outside needs to be correct also, and the affects are much more noticeable
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Islander
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PostPosted: 16:58 - 29 May 2013    Post subject: Reply with quote

PhilDawson8270 wrote:
The balancing of a car wheel is different to that of a motorcycle wheel.

The width of a car wheel means that the balance inside and outside needs to be correct also, and the affects are much more noticeable


The principle is the same - you don't necessarily need stupid speeds for an out of balance wheel to be evident. Smile
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Pete.
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PostPosted: 17:05 - 29 May 2013    Post subject: Reply with quote

PhilDawson8270 wrote:
The balancing of a car wheel is different to that of a motorcycle wheel.

The width of a car wheel means that the balance inside and outside needs to be correct also, and the affects are much more noticeable


But the car wheel and suspension has more mass and thus more dampening effect. The bike wheel is more sensitive to a small out-of-balance situation. Also the rider is in more direct contact with the front wheel rather than being connected through a low-geared rack-and-pinion or power-assisted steering so the rider also feels the effect more.
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