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refusal to test
 Moderated by: KevG  

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golf
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 Posted: Tue Jun 8th, 2010 11:17 pm

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i don't mind the odd old transit, too many of them could get rust in my eye must recommend goggles being part of the test equiptment next time lol

volksjim
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 Posted: Sat Jun 5th, 2010 05:51 pm

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easy life here:D:D:D:D:D

kev1975
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 Posted: Mon Nov 2nd, 2009 09:01 pm

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castrolrob wrote: gotta go along with that,pikey transits,s**theap minibuses et al,all they do is make your working day 10x harder,whoever local has been handing out the-shall we say lenient versions-of the local class 7 tickets must have been caught/retired whatever,we got 3x as many teabag class7 coming thru as usual.we is thinking about surrendering our class 7 authorisation because of it,its hit the stage that the amount of old spunkers we get is starting to seriously screw things up.


sounds like a normal day at our place :shock::shock:
class 7 transits that get sent out with 3 red sheets , then they come back with 2nd hand parts fitted :shock::shock:
I know exactly what you mean about the old scrappers screwing up the daily schedule :D

castrolrob
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 Posted: Mon Nov 2nd, 2009 06:18 pm

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gotta go along with that,pikey transits,s**theap minibuses et al,all they do is make your working day 10x harder,whoever local has been handing out the-shall we say lenient versions-of the local class 7 tickets must have been caught/retired whatever,we got 3x as many teabag class7 coming thru as usual.we is thinking about surrendering our class 7 authorisation because of it,its hit the stage that the amount of old spunkers we get is starting to seriously screw things up.

volksjim
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 Posted: Sun Nov 1st, 2009 12:58 am

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well been well over a year now since this incident..case got thrown out my saving grace was contact i had with bristol via telephone whiich i had to prove via itemised bill:shock:..not long after that i handed in my notice and moved on to another testing area just doing class four what a difference no ve in all the time and no pressure from management..result..even better my old testing station has now went bust and closed ..feel sorry for the other mechanic but heard he walked into another job so good news all round...classes 5 and 7..nah you can keep them:D

big..E.
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 Posted: Wed Sep 10th, 2008 09:35 pm

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jonnyjohnson wrote: Can I help, in my line of work we were issued with digital cameras?
It latter came to light that these photo’s can be edited.
So changed all the cameras to Polaroid.
The printed photo can’t lie, can it?

Hi,agree on this one....:(...Disposable Camera's the best option..;)

jonnyjohnson
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 Posted: Tue Sep 9th, 2008 05:14 pm

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Can I help, in my line of work we were issued with digital cameras?
It latter came to light that these photo’s can be edited.
So changed all the cameras to Polaroid.
The printed photo can’t lie, can it?

volksjim
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 Posted: Sun Jul 6th, 2008 10:22 am

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keithd wrote: It is great news indeed but I fear now vosa may keep a very close eye on Jim :( it's like trying to be clever with a copper, makes you a marked man!
sad to say bud but so very true..gota feeling this aint over yet...got myself a digi cam for future refusal to test motors..thanx peeps for all the great comments:D

keithd
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 Posted: Fri Jul 4th, 2008 04:56 pm

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It is great news indeed but I fear now vosa may keep a very close eye on Jim :( it's like trying to be clever with a copper, makes you a marked man!

Spunkymonkey
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 Posted: Fri Jul 4th, 2008 02:57 pm

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Great news Jim :D

This is exactly the sort of thing that I've meant on other threads where a tester's judgement shouldn't be questioned unless it's consistently and clearly unreasonable.

From what you've said in this case, not only was your judgement reasonable, by refusing to test you were potentially helping the customer save a wasted test fee - so it could hardly be seen as an attempt to rip him off!

In such a case there is no way that you should have faced disciplinary action for refusing - ultimately, if you're not happy it's safe to test then you shouldn't test.  That's covered by Health and Safety rather than road law and isn't (or shouldn't be) in VOSA's  remit.

Just out of interest, I assume when testing you're acting as an agent of VOSA?  If so, it could be argued that they were liable for any injury that you sustained because they'd "pressurised" you into taking H&S risks by behaving like this.  Certainly, if a direct employer disciplined you for refusing to take an unacceptable risk they'd be liable for all sorts of problems.

Next time (hopefully there won't be one) maybe photograph the evidence and, when they start disciplinary proceedings, make a complaing yourself to the HSE.  Just cos it's "their scheme" doesn't exempt them from other law ;)

removalizer
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 Posted: Fri Jul 4th, 2008 11:32 am

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Well done glad to see there is a god, I hope that VE gets a b*****g for messing you about

big..E.
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 Posted: Thu Jul 3rd, 2008 09:26 pm

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Jim put this one in the "experience gained tray"..Right outcome at the end "SUPERB"..;)

Johnboy
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 Posted: Thu Jul 3rd, 2008 09:06 pm

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NICE ONE  ;);););););) ;);););););)

keithd
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 Posted: Thu Jul 3rd, 2008 07:34 pm

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Well done Jim ;) thats excellant news.  

volksjim
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 Posted: Thu Jul 3rd, 2008 06:57 pm

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yeee haaaa!!!!won my appeal:D.....just a pity all this could have been avoided if common sense had been applied by ve to start with:X still onwards and hopefully upwards:D:D

kev1975
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 Posted: Mon Jun 9th, 2008 07:34 pm

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removalizer wrote: So what did the trader say ? did he pay for the repair ?


not much he could say , he just had to bite the bullet & pay for the repair (we don't do his repairs anyway) .

removalizer
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 Posted: Mon Jun 9th, 2008 07:51 am

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So what did the trader say ? did he pay for the repair ?

kev1975
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 Posted: Sat Jun 7th, 2008 11:06 pm

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i had a little incident last week after i had tested a traders car .

finished the test & did the paperwork (fail) , then reversed the car out of the testing bay .

had to stop as someone was driving past , i had been sat for a few seconds with the engine idling & it cut out .

thought it was probably out of fuel , tried to start it & got the distinct sound of an engine with no compression .

yup , timing belt snapped & bent some valves .

the engine gave no indication of the impending failure , no noises or anything , just cut out.

RFR
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 Posted: Sat Jun 7th, 2008 10:57 pm

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Hi Rem,

           Are these not two different things:?.

If you ask a customer to sign a disclaimer outside of the MOT that is up to you, nothing to do with VOSA.

If you ask a customer to sign a disclaimer to cover the vehicle while in test then it is because the law says you cannot. re Testing Guide.

So if you did use a disclaimer for the MOT and you could fight a claim and win then that is great, however VOSA could start the disciplinary process going, for the disclaimer, possibility it could get binned anyway for it could be seen as an illegal act in the first place.

Finally

"Anyone who reads this accepts my disclaimer, in that "I maybe wrong":D


 

removalizer
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 Posted: Sat Jun 7th, 2008 08:18 pm

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keithd wrote: I don't think you can get the customer to sign a disclaimer. I remember this being talked about at the time when the DSM test was brought in. Just as you have no power to stop them driving away from the VTS with a vehicle you've issued a VT30 with a dangerous to drive.
 

They told me this on the course i went on as well, but it was only their opinion in other words VOSA would not back you up in court, I wouldn't want those bunch of back stabbers backing me anyway and take my chances with the judge on the day, I have a lot of experiance with courts and 9 times out of ten I win on customers signing agreements, as most judges possess common sense unlike VOSA.


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