Have you ever received a recall notice in the mail for your vehicle? If so, it’s important that you take that notification seriously.

While it may seem like a burden, recalls are issued to ensure that owners of vehicles remain safe and don’t take undue risks.

It is not bad to have your vehicle recalled if the original equipment manufacturer (OEM) is going to fix a potential or actual fault, as the obligation is typically on the brand to pay for the fix.

Recalls are issues to ensure the safety of vehicle owners and avoid undue risks. Image source: kateibragimova from Unsplash.

One example of a recall was for faulty Takata airbags in some Toyota Corolla cars, which was the biggest recall in Australian history, with more than four million airbags implicated across more than three million vehicles in Australia. This was categorised as a ‘critical recall’ and owners were advised to ‘stop driving the vehicle and immediately arrange for airbag replacement as the vehicle has a heightened risk of causing injury or death’.

Then, there are also some less serious recalls, such as the Nissan Juke’s jack recall, which was because it didn’t have the correct sticker attached to the device.

These types of recalls can often be classified as 'Service Campaigns', and any work that is not of a critical or crucial nature regarding the safety of the vehicle and the driver and/or other road users is conducted at the next scheduled service.

Given the variety of recall programs, you might wonder what your legal obligations are if your vehicle has been called in for a recall…

The onus is generally on the owner/driver/custodian of the vehicle to stop driving once the recall notice is received according to 7News, citing an unnamed OEM. This is because the liability is passed on to them once the letter/email of notification is delivered.

However, suppose the custodian of a vehicle with an issued active recall decides to continue driving the vehicle and does not attend to the recall work needed. In that case, the legal implications depend on the particulars of the recall. If the vehicle has a fault that injures or kills the driver or someone else, then the liability may be on the vehicle's owner/driver/custodian.

This means that if anything happens due to an unattended recall issue, the legal responsibility will likely fall on the driver's shoulders. Still, there could be legroom here on proving that such a liability is indeed on the driver.

Tip

If you receive a letter or email notification of a safety recall, you should make sure you get it sorted out as soon as possible to avoid any issues or accidents from happening.

There have also been cases in the past where the owner/custodian of the vehicle claims they did not receive a recall notice in the mail–but if they’ve been maintaining the car with their OEM’s dealer network, the company's records should show the facts.

Remember that recalls exist for a reason, and that’s to keep you and other road users safe. So, if you or someone you know have received a recall notice, encourage them to make the necessary arrangements for the recall to be attended to–don't run the risk of being involved in an accident.

This should not be considered legal advice but merely a general guide. Always check with the relevant road authority in your state or territory.

If you are uncertain about the correct course of action, be sure to check out the Australian Competition and Consumer Commission’s recalls website. You can also contact the OEM’s customer service department if you have any questions about a recall notice for your car.

Key Takeaways

• Recalls on vehicles are issued to ensure the safety of owners and prevent them from taking undue risks, and should be taken seriously.
• The Takata airbags recall, for example, affected more than 3 million vehicles in Australia. It was one of the world’s largest and biggest recall campaign in Australian history.
• The responsibility of a vehicle with an active recall lies with its owner/driver/custodian. If a recall notice is delivered to them, it is advised not to continue driving and get the issue fixed as soon as possible.
• If uncertain about a recall notice, consult the Australian Competition and Consumer Commission’s recalls website for guidance or directly contact the OEM’s customer service department.

Have you experienced receiving a recall notice for your car? Let us know in the comments below!

 

[Shane/#]

Have you ever received a recall notice in the mail for your vehicle? If so, it’s important that you take that notification seriously.

While it may seem like a burden, recalls are issued to ensure that owners of vehicles remain safe and don’t take undue risks.

It is not bad to have your vehicle recalled if the original equipment manufacturer (OEM) is going to fix a potential or actual fault, as the obligation is typically on the brand to pay for the fix.

View attachment 28124

Recalls are issues to ensure the safety of vehicle owners and avoid undue risks. Image source: kateibragimova from Unsplash.

One example of a recall was for faulty Takata airbags in some Toyota Corolla cars, which was the biggest recall in Australian history, with more than four million airbags implicated across more than three million vehicles in Australia. This was categorised as a ‘critical recall’ and owners were advised to ‘stop driving the vehicle and immediately arrange for airbag replacement as the vehicle has a heightened risk of causing injury or death’.

Then, there are also some less serious recalls, such as the Nissan Juke’s jack recall, which was because it didn’t have the correct sticker attached to the device.

These types of recalls can often be classified as 'Service Campaigns', and any work that is not of a critical or crucial nature regarding the safety of the vehicle and the driver and/or other road users is conducted at the next scheduled service.

Given the variety of recall programs, you might wonder what your legal obligations are if your vehicle has been called in for a recall…

The onus is generally on the owner/driver/custodian of the vehicle to stop driving once the recall notice is received according to 7News, citing an unnamed OEM. This is because the liability is passed on to them once the letter/email of notification is delivered.

However, suppose the custodian of a vehicle with an issued active recall decides to continue driving the vehicle and does not attend to the recall work needed. In that case, the legal implications depend on the particulars of the recall. If the vehicle has a fault that injures or kills the driver or someone else, then the liability may be on the vehicle's owner/driver/custodian.

This means that if anything happens due to an unattended recall issue, the legal responsibility will likely fall on the driver's shoulders. Still, there could be legroom here on proving that such a liability is indeed on the driver.

Tip

If you receive a letter or email notification of a safety recall, you should make sure you get it sorted out as soon as possible to avoid any issues or accidents from happening.

There have also been cases in the past where the owner/custodian of the vehicle claims they did not receive a recall notice in the mail–but if they’ve been maintaining the car with their OEM’s dealer network, the company's records should show the facts.

Remember that recalls exist for a reason, and that’s to keep you and other road users safe. So, if you or someone you know have received a recall notice, encourage them to make the necessary arrangements for the recall to be attended to–don't run the risk of being involved in an accident.

This should not be considered legal advice but merely a general guide. Always check with the relevant road authority in your state or territory.

If you are uncertain about the correct course of action, be sure to check out the Australian Competition and Consumer Commission’s recalls website. You can also contact the OEM’s customer service department if you have any questions about a recall notice for your car.

Key Takeaways

• Recalls on vehicles are issued to ensure the safety of owners and prevent them from taking undue risks, and should be taken seriously.
• The Takata airbags recall, for example, affected more than 3 million vehicles in Australia. It was one of the world’s largest and biggest recall campaign in Australian history.
• The responsibility of a vehicle with an active recall lies with its owner/driver/custodian. If a recall notice is delivered to them, it is advised not to continue driving and get the issue fixed as soon as possible.
• If uncertain about a recall notice, consult the Australian Competition and Consumer Commission’s recalls website for guidance or directly contact the OEM’s customer service department.

Have you experienced receiving a recall notice for your car? Let us know in the comments below!

Amazing ever since the car industry has left the country and now have to import these heaps of recalls are going through the roof and not one manufacturer many so goes to show Australian standards where far superior in the day now cheap knock off's

 

[Ezzy]

Have only had one recall which was a few years ago now. The car company was phoned & a time & date given to take the vehicle in. When it was checked the mechanic stated that the recall did not affect my vehicle because it was not manufactured on a particular date.
The appointment was made as soon as the notice was received & was for airbags.
I was not aware about the legalities for these recalls on owners. Thankyou SDC for this information.