A post on the KAPPA sister forum indicates some issues occurring that have not allowed ownership change to occur during factory recalls, like the ignition switch recall and Passenger Presence Sensor (PPS) pending recall.
Of course, circumstances may complicate. Like:
1) between countries (US and Canada)?
2) between states?
3) within the same state?
4) recall with solution in active update?
5) pending recall, solution unidentified?
Does anyone have experience or an opinion of this scenario? All ideas would be much appreciated. :surprise: :willy: :|
I suspect that it may have to do with the recall being administered/governed by the Canadian agency for Canada and the NHTSA for the United States. Canadian law is likely different in this regard than is the law of the United States.
I AM guessing that is the issue, and don't know for sure. I'm speculating.
The point I was trying to make with an earlier post, was that a Canadian Government agency (which I'm being too lazy to look up the name of) is responsible for administering the recall of the Sols and Skys in Canada.
Just as the NHTSA is responsible for administering the recall here in the US.
When a Canadian car crosses the border into the US, it is no longer within the jurisdiction of the Canadian Agency, and the same goes for a US car crossing into Canada.
Remember the listing of VINs of the US cars submitted to NHTSA, the Canadian agency received a similar list of the Sols and Skys within their jurisdiction.
Thanks all. I believe my question has been answered to the positive for me.....that in the US any transfers between states will go forward without any issue during the recall of PPS.
I believe you are correct. However, it appears that some dealerships will not sell a car while there is a safety recall outstanding, even in the States. (I suspect that this may have something to do with their liability insurance carriers.)
I did some checking today on the recall documents from Transport Canada and the NHTSA. It appears that GM identified, by VIN number, the cars that they have a record of being in Canada to Transport Canada. They also identified the United States cars covered by the recall to the NHTSA. These lists appear to be exclusive, in other words, VINs on one list do not appear on the other list.
Looking at it a bit differently, if GM identified a VIN as being in Canada, it reported the VIN to the Canadian authorities. If they identified the VIN as being registered in the states, it was reported to the NHTSA.
So, my interpretation is that Canadian Kappas will not be allowed to cross the border into the US, and US Kappas will not be allowed to cross into Canada, as long as the recall on that car is open, and unrepaired.
I can find no restrictions in movement of kappas between states inside the USA. There should not be any restrictions in movement of kappas between the provinces in Canada.
Does this clear things up a bit? Or does the muddiness just get deeper?
In Texas and assume the US there is no prohibition of selling a car with an open Recall. I bought my Sky with two open Recalls that I didnt know about until after I had the car awhile. Why should there be any prohibition? The Recalls are free to any one that owns the car so there is no deception.:willy:
I know when I was looking for my current Sky, I found one that hadn't had the recall done and the dealer wouldn't sell it...but the one I bought hadn't had it done either but that dealership didn't have a problem.
Just to throw in my two cents (as this is an interesting subject!) is that I ran into a problem back when I was looking to purchase a couple of different Sky's from dealerships, while I was shopping around, that they could not sell to me until the ignition switch recall had been complied with and there were months of backlog. Thankfully the Sky RL I purchased, they were able to pull an ignition switch from one of their sister dealerships that had received a shipment from GM, and they were able to sell it to me.
I suspect that selling to a dealer, or selling to a private party would not be impacted by a pending recall (you can imagine the lawsuits if people couldn't sell their property while it continues to devalue over months of pending recall work!). Whether the dealer or private party would want to wait to get the recall complied with is a whole other topic, and definitely could affect the price they are willing to pay.
I guess it may depend on the nature of the recall (life threatening) as to whether a dealer is prepared to sell the vehicle. I feel for them in this situation but also understand that they would be held accountable if they sold a vehicle with a known, life threatening recall outstanding, so the vehicle would just sit on their lot (or backlot) pending resolution.
I thought the issue with the Canadian coupe was when the new owner tried to cross the border but the Canadian border patrol wouldn't allow him to cross the border without a compliance letter (which he didn't have). From the limited amount of reading I did, a compliance letter is needed to verify that the car has the proper EPA emission equipment in order to be registered in the states. I believe he also mentioned that nothing was mentioned about the latest seat sensor recall (or any recall), and that once he had the compliance letter he was going to try and cross the border again.
BTW, I would also think that if cars couldn't be sold or imported back into the USA, that we would have heard about this during the ignition recall.
While he was turned back because of not having the compliance letter, I came away with the impression that he was still worried about the unsatisfied recall.
Regardless of where the car is physically located, if you type in the VIN on any of GM's North American web sites, it will show as having been recalled.
As to the rest of what I said, I am just providing a rationale for why a car might be prevented from crossing an international border.
There may be no issues at all.
The difference with the ignition recall is that GM had a "fix" right from the start, even if parts were scarce at the start.
Time will tell. Be glad I don't work for a government agency, hey?
Recall clearance documents verify that any defects identified by the manufacturer as a potential safety risk to the vehicle’s operator, occupants and public at large, have been corrected.
The Registrar of Imported Vehicles (RIV) will not release the inspection form for your vehicle until confirmation that there are no outstanding recalls, has been received.
Not sure if this is the same going the other way...
Suffice it to say that in order for a car to be imported into the US, it should have all recalls completed, and have certification that there are no open recalls.
As to the legalities, it's a real mess right now. I won't even begin to guess where it'll all fall out.
I have not had the problem, but my dealership (Toyota, had open safety recalls on FJ Cruiser). Seatbelt deal. They stated that I could not re-register it in the state of California with open safety recalls. That the law was just recently passed, I am thinking it was about a year and half ago. I have a friend that works for DMV, she would know the answer for California sales. I will try to talk with her tomorrow.
It is always about money .. there is probably that risk of liability. If you take the car out of one country, the other country could lose contact with you and then leave them liable if the recalled item is missed and is at fault.
... there is always a $$ reason for these decisions ;-)
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