Duetto mk7 mot fail rear seat

Just had this back from DVSA

Hi Alan
 
This arrangement is fine.
 
In effect, the cushion backrest itself is not testable. We are expecting the backrest (frame) to be able to be retained in the upright position, the seat to be secure and the seat structure to be sound.
 
Best regards
 

Shaun Martin | Policy Specialist (MOT Testing Service)
Driver and Vehicle Standards Agency | Berkeley House, Croydon Street, Bristol BS5 0DA
Phone: 0117 954 2530 | Mobile: 07710 834 220 (Tuesday to Thursday)
The telling point is "cushion backrest itself is not testable"

Many thanks, I've relieved that this has been clarified by the DVSA. Nevertheless it does signal the possibility that in the future they may change their position, the manufacturers need to take note.

It's a pity that the enquiry to DVSA didn't include a specific reference to the "retrospective" question that I raised.  I feel that is still not answered.
Keith

The circumstances in which legislation applies depends upon what is said in the relevant law. If there was no specific mention of when the legislation applied to new vehicle, it would be taken as applying to all. If a commencement of application to new vehicles was mentioned then it can't be applied retrospectively. The tyre depth legislation, for instance, applies to all cars whether pre or post legislation but Parliament could have elected to limit the application to, say, new vehicles after a certain date.

Although generally laws are not applied retrospectively unless otherwise stated it is not absolute.

Safety is the cornerstone of the MoT test so if a new opinion considers a check as being needed when it wasn't previously then something might fail this year when it is no different from previous test

Take for example emissions, they are much tighter than they used to be but they can't easily be more restrictive than the original manufacturer specification. Some turbochargers use lost oil lubrication, what happens if regulations ban oil mist in the exhaust altogether.

Hi guys thank you for this. I have only just looked at van as dropped of and left on drive.the cushion that goes over the top of the back was not in the correct plce.it was when it went in. So cushion not held back.Think some one looked at belt for mot and did not put correctly.jobs worth any way interesting to see there is some clarification that should be clearer.

Our van, which has 2 rear seat belts, has just passed the MOT without any comment.  The back cushions have 2 metal hooks which slot into bars attached to side of wardrobe on one side and fridge housing on the other.