michaelgroves
Explorer
[Theoretically] If you were to get into an accident with your Rovertym equipped Land Rover, the Plaintiff could sue you. The Plaintiff would also name Rovertym, the tire shop who installed your tires, or what ever the Plaintiff feels aided in the damage to their property. That's why these aftermarket companies have insurance. If they're found guilty for offering an unsafe product that endangers either the owner or the public, they've got a policy to cover that.
If you install a D1 RTE bumper on your D1, Rovertym's insurance company will stand by you in court and dispute the Plaintiff's claim. If you install an RTE D1 bumper on your Yugo, you'll probably not get much help from Rovertym's insurance company and/or lawyer(s).
It's the same with installing a 300TDi (or what ever) in a Rover. When the Plaintiff, for what ever reason, thinks the 300TDi had something to do with the accident, the Plaintiff can name Land Rover North America in the law suit. But if LRNA comes to inspect your vehicle and sees that you have hacked the frame in order to fit an engine that's otherwise illegal, they're going to ask to be dismissed from the claim and you're on your own. The Plaintiff can then summons LRNA to court to act as an expert witness.
Your vehicle title belongs to the frame of the vehicle. Not the body or the engine or the transfer-case. Your title tells the State, DMV, insurance company, etc.. what configuration your vehicle is. There are ways to have your 1939 Ford Ratrod insured even though it has a 350ci small block Chevy in it. There are also ways to have your 1993 NAS Defender 110 TDi insured. Some are more legal, or ethical, than others.
I don't see your point. Yes, the plaintiff can sue whoever he wants. But if your vehicle is insured, and the insurance company is aware of any modifications reasonably pertaining to safety or value, then they are obliged to pay the claims. There's no fraud if they have been informed and have accepted the premiums. You can build your own bumper, or fit your own engine - that's between you and the insurance company. And the title isn't necessarily definitive as far as the insurance company is concerned - there might be lots of details that might have changed, which they have accepted. (They might, of course, insist that the title be changed to reflect any major changes to the car, as a condition of insuring you, but they don't have to).
The picture that's emerging from this discusssion is that there is no clear-cut legal process for importing a TD5 vehicle, or retro-fitting a TD5 to an existing vehicle. On the other hand, there seems to be a number of potential loopholes and legal contradictions that might make it possible in practice under some circumstances. The question being how clearly the method would have to cross the line before we would say it's "illegal".
This kind of regulatory territory always has an awful lot of grey area - I suspect that a huge number of common 4x4 truck modifications wouldn't pass strict scrutiny if they were measured against every statute and ordinance on the books. They tend to be tolerated or a blind eye turned, especially at a local level, as long as they are thought to be harmless. Does this make them legal? No, not by a strict definition. But perhaps yes, by a practical definition.
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