Print

Please login or register.
1 Hour 1 Day 1 Week 1 Month Forever
Login with username, password and session length

[MDW]

Any lawyers out there that know the answer to this one?

I took my CVO Limited in for some changes in the shocks (lowering front/rear).  I called yesterday when my bike was to be ready and was told they are not allowed to let it leave their facility due to the safety recall.  The service manager was the messenger so I did not shoot the messenger.  I talked to the General Manager and he told me that their District Manager said not to release any bikes including any bike in for service.

Does anyone know what the law is in this area?  Are they allowed to keep your bike under these conditions?  There was nothing in the work order that states this provision when I signed it. 

Oh... what I have been told by the service manager is this recall has to do with the clutch master cylinder and a seal inside it.  He said that if the condition occurs that your clutch will not disengage.  Also, the rumor is several bikers came to a stop at an intersection and it failed causing them to be launched into traffic.

[OBB]

Recall on it last year advising people not to ride the bikes. Dealer is just doing what they are told as they can not put you onto an unsafe motorcycle. They'll have it back to you as soon as they have the parts to fix it.

[grc]

I'm not a lawyer but I have had plenty of experience over the years dealing with recalls.  The manufacturer can issue a stop sale order to dealers, basically forbidding them from selling or delivering vehicles until the recall work has been performed.  However, I have never seen a case where they attempted to force customers to stop using their vehicles by impounding them if they happen to be in for other service work.  Basic common sense says they have no such right, and if they did what would keep them from showing up at your home and hauling your vehicle away if you didn't voluntarily bring it in for a recall?  I call BS on what this guy told you, and if in fact a manager at H-D told the dealers this then that guy is FOS and overstepping his authority.

Now, if the problem is so widespread and serious, why do you suppose Harley is dragging it's feet in announcing this recall to the public?  If it was so serious they think they can give themselves the right to impound your vehicle without your permission, I would think they would have placed ads in every form of media to alert their customers.

Jerry

[Trapperdog]

I think I'd be demanding a loaner in this case.

[ultrarider123]

What Jerry stated plus.....I would assume the dealers should do all they can to "suggest" that you not ride your bike but keeping it to physically prevent you from riding your bike?...hmmmmm  Makes no sense.  I understand the "no sale until recall has been performed" deal but this one sounds a bit over reaching to me.  If the dealer restricts you from riding a bike deemed unsafe from the MoCo, what's to keep mother Harley from keeping all our bikes with aftermarket additions that they, in their god like position, deem unsafe OR unlawful to ride on public roads?
Lots to ponder on this one.......

[Jswerve]

I think I'd be demanding a loaner in this case.

X2.

I'd have no problem with them keeping it to fix an unsafe condition but i would expect a loaner.

[Dr.D]

Not good to hear i have a big trip coming in two weeks.

[wachuko]

Same issue that started to get documented in this thread? 

http://www.cvoharley.com/smf/index.php?topic=97255.msg1261839#msg1261839

I only see these listed... nothing new so far:

[wachuko]

This is what comes up when I search via the HD site:

[MDW]

Thanks for the input guys.  I don't want to ride a bike that is unsafe but at the same time to hold an onwers bike for thier liability risk is over-stepping in my view.  They did offer a rental bike but it was a Softail Slim and my wife and I had plans this weekend with some other bikes to ride and stay overnight as well so this bike won't work.  I appreciate that they offered this to me free of charge so the dealership is attempting to work to some degree. 

I chatted with the GM again this morning and he is asking MOCO for some guidence since this is the first time they were specifically told not to release customers bikes in for service already.  Therefore, it appears this recall is a big safety issue and I inquired as to why they are not notifying clients if they are so concerned.  I know I am asking the wrong person but nonetheless, this is not being handled well.  It would appear to me that MOCO is very worried about this one but they are not getting the word out as they should.  I think they are more concerned with damage on sales then taking care of exisiting clients riding bikes with a potential safety issue.

[ultrafxr]

Thanks for the input guys.  I don't want to ride a bike that is unsafe but at the same time to hold an onwers bike for thier liability risk is over-stepping in my view.  They did offer a rental bike but it was a Softail Slim and my wife and I had plans this weekend with some other bikes to ride and stay overnight as well so this bike won't work.  I appreciate that they offered this to me free of charge so the dealership is attempting to work to some degree. 

I chatted with the GM again this morning and he is asking MOCO for some guidence since this is the first time they were specifically told not to release customers bikes in for service already.  Therefore, it appears this recall is a big safety issue and I inquired as to why they are not notifying clients if they are so concerned.  I know I am asking the wrong person but nonetheless, this is not being handled well.  It would appear to me that MOCO is very worried about this one but they are not getting the word out as they should.  I think they are more concerned with damage on sales then taking care of exisiting clients riding bikes with a potential safety issue.

Sure sounds like it.

[FlaHeatWave]

Have they given you any indication how long your bike is going to be impounded??

They should give you a comparable (bagger) loaner, for your upcoming trip.

Personally, I wouldn't be in a hurry to ride a bike that has a safety recall (especially brakes or clutch) but you should be accommodated with a (bagger)loaner 

[wachuko]

Time for me to take out the 48 until all this is sorted... not much information shared by HD... I will give my local dealer a call.

[tlr]

I had my bike at the dealer today for an unrelated service issue.  we discussed the recall and that I would have to bring the bike back when parts arrive.  at no time did they tell me that I cant take and/or ride my bike

[mark]

Legally, they cannot take your property.  You own the bike, not them.  What if you chose to take it to another dealership for the repair?