[aprssig] Hybrids & HF-in-motion

[Rich Osman]

On 2/24/2019 1:58 PM, KF4LVZ wrote:
> If you have an issue like this, point out the Magnuson-Moss Warranty Act
> of 1975 and remind them of the legal ramifications.  The MMWA
> specifically requires a manufacturer to determine beyond reasonable
> doubt that the aftermarket item specifically caused the failure that is
> being denied warranty coverage.  It also prevents them from tying any
> random aftermarket item to the failure especially if the two are totally
> unrelated (e.g. your transmission blows out but they claim the radio did
> it).
>
> In the case of your antenna hole, they would not be able to deny
> warranty coverage for corrosion in the engine hood when the antenna hole
> is located on the rear trunk lid.  However, they would be able to make a
> stronger claim for corrosion in the rear trunk lid near the hole.

The case in question was the impact of a 3/4" antenna hole in the roof
of an SUV in police service.  The two-fold claim was reduction in
structural integrity from piercing the roof skin (not through structural
member, just the sheet) and routing of a transmission coax under and
airbag voided the entire vehicle warranty. Apparently identified during
a service action unrelated to any collision and resulted in a letter
from corp legal to many (most?) agencies warning them of invalidating
the warranty of all vehicles to the public safety entity.  The late-90's
court case that resulted also discussed the effect of light bars in
rollovers, and untested equipment mounted in the vehicle. GM apparently
advocated that agencies need to do exactly the same testing GM did in
order to retain their warranty.  This was completely separate from
accident liability.  Did not win GM fans in the Public Safety community.
Apparently GM lost both in court and with it's customer base. doesn't
seem to have hurt them much today. Was a topic of vigorous discussion at
one of the command posts for Columbia evidence recovery in Texas in
February 2003 as it apparently had just been settled. 

It would seem that the MMWA should have prevented this, so there was
clearly more to the story. OTOH you can claim anything and sue anyone. 
The law has never prevented legal departments from sending out letters
threatening action in contravention of standing law.

Oz

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Rich Osman;  POB 93167; Southlake, TX 76092 (Near DFW Airport)