Beware The Joyriding Mechanic - The Podcast

"SteveLehto" (stevelehto) 01/14/2016 at 09:00 • Filed to: None

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We’ve all seen the videos of mechanics taking cars for joyrides. And we’ve heard about it on the news too. But what are the legal ramifications - or remedies? Here’s the podcast answer to your questions.

Joyriding has been going on ever since the first car’s inventor left his car unattended for the first time. Or so I assume.

I wrote about a !!!error: Indecipherable SUB-paragraph formatting!!! and that got a few heads shaking. I even worked at a gas station once where a CO-WORKER (NOT ME!) took a classic car for a joyride (but did not get caught).

The questions arise: How illegal is this? Could someone go to jail? Can you sue someone for this? The answer are “kind of,” “yes,” and “yes.” But if you want the narrative form - with full sentences and such, here is the audio:

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And the video:

The pic at the top is of my latest book. !!!error: Indecipherable SUB-paragraph formatting!!! , the book is coming out tomorrow. And yes, it is a hardcover. Take that, Mr. Cochrane (my high school English teacher who thought I was illiterate)!

Follow me on Twitter: !!!error: Indecipherable SUB-paragraph formatting!!!

Hear my podcast on iTunes: !!!error: Indecipherable SUB-paragraph formatting!!!

Steve Lehto has been practicing law for 24 years, almost exclusively in consumer protection and !!!error: Indecipherable SUB-paragraph formatting!!! He wrote !!!error: Indecipherable SUB-paragraph formatting!!! and !!!error: Indecipherable SUB-paragraph formatting!!! .

This website may supply general information about the law but it is for informational purposes only. This does not create an attorney-client relationship and is not meant to constitute legal advice, so the good news is we’re not billing you by the hour for reading this. The bad news is that you shouldn’t act upon any of the information without consulting a qualified professional attorney who will, probably, bill you by the hour.

BigBlock440 > SteveLehto 01/14/2016 at 09:17

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Take that, Mr. Cochrane (my high school English teacher who thought I was illiterate)!

You showed him, you made a picture book!

Also, according to the internet, the first car theft happened to involve mechanics and when the car was in for repair, so you were pretty close.

http://listverse.com/2008/07/12/top…

SteveLehto > BigBlock440 01/14/2016 at 09:24

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Hey! There are words in there, among the pictures. And some of them form sentence-thingies!

move-over-peasant-I-have-an-M5-in-the-shop > SteveLehto 01/14/2016 at 09:25

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Bravo on the shameless plug in the picture. I’ll probably wait until the guy selling coverless books and bootleg DVDs of Chinese rip-off movies out of the trunk of his Daytona stops by the office, though.

That being said, another insurance story: Working out of one body shop, a large dealer part of a larger, well-known chain, the body shop was down the hill and around the corner from the main dealer. We had our own mechanic in the body shop, but if he were out and the car needed, say, an alignment, the lot porter would take the car up to the main dealer and get it aligned. There are two ways to get to the main dealer, one involves going through a convoluted intersection with lots of traffic and lights and takes longer, the other is faster, but involves a 25 mph road and an illegal left turn. Total trip, either way, is about a quarter mile.

Well, one day, Ricky the lot porter was taking a customer’s car (don’t remember what it was, pick your beigemobile) up to the main shop. About half an hour later, the local police chief shows up at the body shop looking for the manager (they were golfing buddies, but this was obviously an official visit). Ricky had been pulled over in customer’s car, doing 40 in a 25 and making an illegal left turn. On top of that, when Ricky had been pulled over, a cloud of smoke rolled out the window. Now, I don’t smoke weed, but I understand and accept that the majority of people I worked with in the body shops probably did, occasionally you’d even catch them in the paint booth after normal hours (because ventilation). But why on earth he thought the sub-five minute trip would be the perfect time to blaze, in a customer’s car, is to this day completely beyond me.

He was, obviously, fired on the spot. The paycheck he would have gotten was docked to pay for the extra cleaning they'd have to do on the car, and the manager had to have an awkward conversation with the owner. Thankfully it was not one of my cars.

SteveLehto > move-over-peasant-I-have-an-M5-in-the-shop 01/14/2016 at 09:28

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I’ll have a few too. I might even give one or two away. (I do that through shameless plugs, asking for retweets on twitter. @stevelehto).

move-over-peasant-I-have-an-M5-in-the-shop > SteveLehto 01/14/2016 at 09:36

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I updated my post because I remembered a good joyriding story, and because I didn't want to come off as a complete dick, just a minor one.

Meatcoma > SteveLehto 01/14/2016 at 09:44

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Related Story:

I took my Camaro to a body shop after some extensive hail damage. The service guy stated to me “Where’s so-an-so? He’s been wanting to drive one of these.” When the service guy moved my car into the shop I was outside smoking a cig and heard him rev it up two or three times once it was in the shop.

After the estimate for the repairs, I decided to take my car elsewhere to prevent anymore nonsense. I ended up taking it to a Chevy dealership that had a body shop figuring they had driven Camaros before and mine would not be anything special and as such would treat it better. I think I made the right decision and received my vehicle back with all the damage fixed and no evidence of horseplay.

GLiddy > SteveLehto 01/14/2016 at 09:54

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Even in a civil suit with a mechanic or employee, wouldn’t their defense for “conversion” be that they had a bailment or license to drive the car? Unless the owner of the shop testifies on your side, aren’t you SOL?

What can you do beforehand to strengthen your case (or prevent this) in the first place? Verbally inform the mechanic that he is to call you if your car is going to leave his premises?

I’ve always just hoped that cases like this are like lightning. Just hope it never strikes you.

JDUBB1953 > SteveLehto 01/14/2016 at 09:57

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While I can certainly understand customer concern, in PA, the tech has to test drive the vehicle by law for inspection. There is definately a respectful way to treat customers cars, after all, some “regular cars” now are approaching 60 grand. I go by the “do unto others” policy. I don’t drive a customers car any different than I would allow them to drive mine.

SteveLehto > GLiddy 01/14/2016 at 09:58

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Of course. But the argument becomes whether they had the right to do what they did with the car. The bailment has limits.

To avoid this: 1) find a shop you trust, 2) stay while the work is done, if possible, and 3) use a gopro or equivalent to document.

SteveLehto > JDUBB1953 01/14/2016 at 09:59

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And that is the issue: Some driving is necessary. But once in a while, the driver goes too far.

MC20 > SteveLehto 01/14/2016 at 10:04

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Was a plymouths wing laid back at more of an angle?

SteveLehto > MC20 01/14/2016 at 10:06

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Yes. The stylists at Plymouth hated the lines of the Daytona so they reshaped the nose and canted the wing back a bit. The net result was that the car was a few MPH slower than the Daytona (the shapes had been optimized through wind tunnel testing - which the stylists ignored).

MC20 > SteveLehto 01/14/2016 at 10:07

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Never knew or noticed that, cool

Stan > SteveLehto 01/14/2016 at 10:16

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In 2004 I went to a restaurant that had valet parking and gave them my brand new STi with less than 100 miles on the odometer. When I got it back it had significantly more miles on it. You would think that they would be a little more careful with a car that was so new, but they didn’t give a crap, they wanted to drive it.

PowderHound > SteveLehto 01/14/2016 at 10:17

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I don’t have to worry about this because my car is at the mechanics without the engine. Joke’s on them! …or me, either way

SteveLehto > MC20 01/14/2016 at 10:20

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The winged cars had wings, nosecones, different backlights (very much so on the Daytona), front fender scoops, a chin spoiler and the A-pillars had chrome covers. There were slight variations in much of this from the Daytona to the Superbird but to the uninitiated, They all look alike!

HolmerS > SteveLehto 01/14/2016 at 10:28

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This is one article I can’t relate to. I happily hand over the keys to my 335 to my mechanic and expect him to hoon it a bit. But then, he’s my neighbor, and a friend. So I get front door service when I need my car serviced. He also offers up the keys to his Mercedes if I need to go somewhere. So far, I haven’t used those offers, but it’s extremely nice of him to make the offer every time.

Blze001 > SteveLehto 01/14/2016 at 10:36

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Would it be legal to install a dashcam that records exterior and interior in your car? Not sure if the “right to not be recorded” thing applies to a mechanic in a customer’s car.

SteveLehto > Blze001 01/14/2016 at 10:37

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Hard to say (depends on the state) but you are pretty safe if you only record video (especially of what the car is doing).

Xan1765 > SteveLehto 01/14/2016 at 10:42

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This is the kind of thing that mortifies me. Finding “a mechanic you trust” isn’t exactly easy in a lot of places, especially when all of the independent guys are dubiously credentialed at best. Everyone just takes stuff to the dealer, which doesn’t really work if you have something of classic status.

I've spent a good bit of time trying to research mechanics, and it's unfortunate that most of the reputable guys have never laid hands on anything foreign around here.

sklooner > SteveLehto 01/14/2016 at 10:44

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How many wing cars did you joyride for the books ??

pfftballer > SteveLehto 01/14/2016 at 10:46

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If you think joyriding is bad, one young friend of mine took his old primer grey Chevy Nova drag car to a body shop to have it painted. When he got it back he noticed it ran like shit. He thought it had bad gas or had sat too long etc. Once he got home and popped the hood he discovered that they had swapped out his engine, transmission and rear end with junkyard crap. Unbelievable but true. I can’t imagine the balls it would take to do that. He was in his early 20s and had put years of hard work into that car. After a long legal battle he ended up getting a judgement against the body shop but couldn’t collect any money because they had hidden all of their assets.

ateamfan42 > SteveLehto 01/14/2016 at 10:47

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I’ve been a fan of these cars for years, but focussed more on the Daytona (since a Charger is my dream restoration project anyway). I never did realize the wings were shapped differently. Good to learn something new!

npc58501 > HolmerS 01/14/2016 at 10:52

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A mechanic that offers you his own car as a loaner while doing work on your car probably means that you are gonna have a 99% chance of getting good work done no matter what.

That is a hidden gem. Consider yourself a lucky man!

ateamfan42 > SteveLehto 01/14/2016 at 10:52

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One of the differences I found interesting was that all production Superbirds were required to get the vinyl roof.

The Charger 500, Daytona, and Superbird included a urethane “plug” that filled in the “tunnel” behind the rear window for better aerodynamics. Filling the seam where the plug met the sheet metal for painted roof versions of the 500 & Daytona was a lot of labor, so Mopar decided all the Superbirds would just cover the seam with vinyl.

npc58501 > SteveLehto 01/14/2016 at 10:57

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The too far argument reminds me of reading about the origin of the “I know it when I see it” phrase from Jacobellis v. Ohio.

ateamfan42 > HolmerS 01/14/2016 at 11:00

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Ah, but you can relate to Steve’s advice to find a mechanic you trust. If you didn’t trust him, then my guess is you wouldn’t be so casual with throwing him the keys.

SteveLehto > sklooner 01/14/2016 at 11:01

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I got to drive Bobby Isaac’s K&K with the owner’s permission and got to ride in Richard Petty’s with the owner at the wheel. (I also got to interview Richard Petty, Charlie Glotzbach and a few others who raced them.)

ateamfan42 > Stan 01/14/2016 at 11:01

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Perfect demonstration why I never have and never will use a valet service. If I didn’t want strangers driving my Civic, I certainly don’t want them driving nicer cars I’ve owned since.

SteveLehto > pfftballer 01/14/2016 at 11:01

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I have heard of similar stories of cars being stripped by the employees of the shop. But that one is the worst I’ve heard.

SteveLehto > ateamfan42 01/14/2016 at 11:03

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All the plugs I have seen were metal. And that is often the story given - although I am sure they could have painted them if they had wanted to do a tiny bit of extra work. The funny thing is the Charger came stock with a vinyl roof but the Daytona was not available with one.

SteveLehto > npc58501 01/14/2016 at 11:04

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I know it when I see it because I have watched a LOT of it.

HolmerS > npc58501 01/14/2016 at 11:07

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It’s even better than that. I do IT work so I have helped him with his computer issues a few times and wouldn’t charge him for the 15 minutes or so it took to fix his machine. He, for some reason, thinks that I deserve a discount on all my car repairs and maintenance now because of that.

In fact, when one of the window regulators bit the dust last year, he drove my car to work, fixed it and brought it back to me. And wouldn’t take my money! And better yet, he tells me when he has interesting cars at the shop so I can come check them out. Last month I was out there to see an Isetta being dismantled. I ended up staying and watching for hours because I found it fascinating.

ruquik > SteveLehto 01/14/2016 at 11:08

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The over-use of the word Porsche made me happy. The explanation why made me ecstatic.

ateamfan42 > Xan1765 01/14/2016 at 11:12

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Everyone just takes stuff to the dealer, which doesn’t really work if you have something of classic status.

It also doesn’t work if the dealers are the ones you can’t trust. I’ve had more sketchy things done by dealerships than independent shops. My one-month-old MS6 got a smashed door thanks to one incompetent dealership. Their fix included a hazy paint of the replacement door, and a swirl-mark inducing “polish” of the rest of the vehicle.

Many dealerships are getting rid of their experienced and talented staff so they can replace them with minimum wage high-school dropouts who can’t diagnose themselves out of a paper bag. Finding a dealership with competent staff is getting very hard to do.

If possible, try to find one of those skilled ex-dealership mechanics who has set up thier own independent shop.

SteveLehto > ruquik 01/14/2016 at 11:13

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You mean over enunciation? I didn’t say it that many times, did I?

But it bugs the heck out of me when people say it wrong. Especially the ones who own them (they oughtta know!) and airheads who just think it would be cool to own a “porsh.”

DaHowie > SteveLehto 01/14/2016 at 11:22

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Nearly 30 years ago, a friend of mines brother worked at a auto repair shop. He took the keys for a FB RX7 and came back after the shop closed and he and a friend went for an hours long drunken joyride. Trouble is, the car’s owner really loved that car and had to go check on the car that night. Initial charges were DWI and GTA of which the GTA was pleaded down to a lesser charge.

ateamfan42 > SteveLehto 01/14/2016 at 11:24

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Interesting, I had always read the plugs were urethane. But having not seen one in person, I’ll obviously have to defer to your experience of them being metal.

I thought the vinyl roof was an option on the Charger (weren’t there models made without?). But I never recall seeing a Daytona or 500 with vinyl, so I suppose they were all filled and painted. I do think it is strange Chrysler wouldn’t do the same on the Superbird. I guess they decided applying the vinyl was simpler than the bodywork & paint.

ruquik > SteveLehto 01/14/2016 at 11:25

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Yes. And the ones that own one and say it incorrectly...grr

My bird IS the word > SteveLehto 01/14/2016 at 11:25

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All hail treble damages! For how much law sucks, it really doesn't sometimes.

HolmerS > ateamfan42 01/14/2016 at 11:25

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I certainly trust AND recommend him. German Imports Corp on Ulmerton Road in Seminole Florida. He’s done a great job with my current BMW. He was also my savior when I owned a Jaguar XK.

My bird IS the word > Xan1765 01/14/2016 at 11:28

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Hard to find, but I take my car to a shop run by current/ex hotrodders. If you see nice old cars in the shop, I highly doubt anything bad will happen.

SteveLehto > ateamfan42 01/14/2016 at 11:30

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The vinyl top was standard on the Charger but was not used on the Charger 500 (the interim step before the Daytona). It was not available on the Daytona. I wouldn’t be surprised if someone out there has slapped a top on one or made a clone out of a Charger with one.

As for the Superbird, I always thought the stylists probably liked it better with the top and said the bit about the sloppy welds to excuse their logic. But that’s more of a gut feeling: the official line certainly was that it was to cover the hasty welds.

I’ve got pics somewhere of the plug being replaced but I can’t find it at the moment. They also make aftermarket stuff now for all these things. Makes it very easy to make a clone too!

ateamfan42 > SteveLehto 01/14/2016 at 11:44

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But the Charger was available without the vinyl roof, so I thought it was optional equipment. Was this a case of the “vinyl roof delete” being the actual option, much like the “bumblebee stripe delete” was on option on the R/T?

The primary focus of the 500 and Daytona being aerodynamic efficiency would dictate nothing but the smooth painted roof for those models. It definitely seems the (production) Superbird design balanced style versus performance slightly more on the style side.

I’ll definitely have to grab a copy of your book sometime. Did you mention the extremely rare 1970 Charger Daytonas? Allegedly there were 3 made (though they do not have the rear window modification): http://www.aerowarriors.com/70dcd.html

ronmler3 > HolmerS 01/14/2016 at 11:45

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You undersell your skills - he can’t do what you can do, and you can’t do what he can do, so your skills are BOTH valuable - to each other, especially!!

Geekengineer > My bird IS the word 01/14/2016 at 11:49

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Amen to that. I take my cars to a shop that always has beautiful old iron going in and out. It’s a husband-and-wife outfit that caters to the local classic crowd, and damn, they are easy to work with. No BS whatsoever. Fun to talk to. They get pissed off if they can’t fix something the first time - they take it personally, and they are determined to trace down issues and fix them for good. I pimp them out to anyone and everyone I run into who needs work done on their car, or even just routine maintenance. #blessedtohavemechanicsthatdon’tsuckandareactuallyhonest

Geekengineer > BigBlock440 01/14/2016 at 11:53

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“Driscoll was crossing the road when she saw the automobile hurtling toward her at the speed of 4 mph. She took fright and stood still in the path of the oncoming car.”

OMG. Did she reproduce? I sure hope not, because although you may see something sauntering toward you that is of an unfamiliar shape, you *should* be able to simply sidestep out of its way. I mean... wow. She was olde fashioned dumbe.

dartingd > SteveLehto 01/14/2016 at 11:58

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This is why I like my Cobb accessport valet mode. Screw you and your young inhibitions. You’re cut off at 3500 RPMS, lol.

CaliD00d > SteveLehto 01/14/2016 at 11:58

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Video doesn’t work on my work computer, but I have seen this happen twice.

I left my Sti at the local Subaru dealer to replace the mushroom on the rear diff, and told them to go ahead and run it through the gears a few times on the highway to see if they could get it to pop. It was the 3rd attempt to fix the leak, and I rather they figure out whether the fix stuck than have to come back again. Plus I track the thing with the c-diff locked so I didn’t think they would do anything worse than what I do to it. When I picked it up, everything seemed good, but I found a 2" x 1" chunk of hamburger patty under the e-brake when I got home. I sent them a letter about it, but did not get a response. I figured it wasn’t worth pursuing as the pleather cleaned up fine, and there was nothing else amiss. Never leaked again. A buddy later got a job at another dealer so I switched to that one, but I’m not sure that is a good idea as I’ve seen his personal cars...

My friend dropped off his Porsche at a body shop because it was out of warranty and the soft top was sticking, and when he picked it up a few days later it had about 100 extra miles and a Mapquest printout that fell under the seat. We looked up the address, and it was a strip club. I know the owner of the shop (trackday buddy, and been using his shop for decades) so I talked to him about it, some cash was given back, some employees were yelled at, and my friend was okay with the result. And yeah, Mapquest. It was a while ago.

Also, I am ordering your book and the pre-order discount takes the price below the free shipping threshold. So I’m ordering one of your other books too. Your nepharious plan worked!

My bird IS the word > SteveLehto 01/14/2016 at 12:12

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In that case we should pronounce Volkswagen “folksvagen”

SteveLehto > ateamfan42 01/14/2016 at 12:14

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I suspect you are right but it was a delete option. I am not sure I have ever seen one that came that way from the factory.

I don’t believe the 70 Daytonas are real. The research I did didn’t support it and I spoke to people in the community. Seems like more of an urban legend. (There may have been one or two mocked up by Chrysler but I don’t think it ever got out into the wild.)

SteveLehto > My bird IS the word 01/14/2016 at 12:20

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Slight difference there. A person’s name should get a little more deference than a corporate name.

Alfisto > SteveLehto 01/14/2016 at 12:36

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Great to hear about your book. I pre-ordered it from Amazon months ago.

You can tell a Finn but you can't tell him much > SteveLehto 01/14/2016 at 13:39

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I snickered at your commentary on the Michigan Supreme Court judges reading prowess.

SteveLehto > You can tell a Finn but you can't tell him much 01/14/2016 at 13:55

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It would be funnier if it wasn’t true!

Andrew > Stan 01/14/2016 at 14:09

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Brand new STi? That is so choice. If you have the means, I highly recommend picking one up.

Didn’t they at least jack it up and run it in reverse for a while?

dieseldub > SteveLehto 01/14/2016 at 14:24

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As an automotive technician, I have to cringe every time I hear these stories. Part of it is because some of the guys taking cars for a joyride are barely capable of performing their jobs, and secondly some are truly abusive/damaging to the car.

You can in fact drive a car hard without harming things, but if you’re doing purposeful burnouts, you’re being a jackass and accelerating wear of many components, especially the tires.

On the other hand, there are times where test drives genuinely call for the technician to accelerate at wide open throttle, though. A more conscientious mechanic will only do it once out of first gear and the vehicle has less chance of smoking the tires, though.

There are a variety of reasons why a test drive may require this. There may be a performance complaint issue. Turbocharged cars in particular seem to need this if they’re setting codes for boost/air pressure below expected/control range. You need to be able to repeat the concern, log data from the engine computer and once an issue has been diagnosed and fixed, you go for another test drive at WOT and see if the actual vs. requested MAP sensor values actually match closely this time, thereby confirming if it is in fact fully fixed or not. This is the only way to do a thorough job here.

I did work at a VW/Audi dealer for some time. Our shop foreman was a crazy old Irishman who would do a lot of the harder to diagnose/fix Audi issues. Many times he would in fact go take a high HP Audi around the block and absolutely hammer on it. Tires wouldn’t squeel, but that engine sure as shit would be at redline before shifting, and you’d hear it. He may have sometimes been taking some liberties, but at the same time, many of these direct injected engines have oil consumption issues as well. And part of it is because owners simply don’t drive the cars as hard as they should be. Maybe he’s justifying it by doing it for them, lol. Seat those piston rings!

On 2.0L turbos found in A4s in particular, there is a massive oil consumption issue. Audi purposefully specified fairly loose pistons/rings for fuel economy reasons. If it’s driven on the autobahn under high loads frequently, the oil consumption doesn’t seem to be as much of an issue. Of course here in the U.S., there’s few places you can legally do that. So, now Audi is installing tighter pistons and rings out of VW’s transversely mounted versions of the same engine. And one of things that you should do at some point is put them under a higher load and RPM to help seat the rings and reduce oil consumption.

There is a fine line, sure. But don’t always assume that a technician driving your car at WOT is doing it simply for enjoyment.

DetroitIron4Ever > Xan1765 01/14/2016 at 14:48

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I agree with ateamfan42 going to dealer doesn’t mean you won’t get treated badly. Having worked in dealerships and independent shops I can tell you that dealers hire the lower skilled workers because warranty time pays less so experienced technicians will either open their own place or work for a reputable independent shop first. As an experienced technician I can you I had so much work I never had time to hoon anyone’s ride. If I pushed a car it was to confirm it was fixed and not to get my jollies. I always treated my customers cars as though they were owned by the most picky angry bad ass person on the planet who would kill me if I abused their car. What you need to do is find a garage owned by someone whose customer base is people who love cars and that has technicians who had been with them for years. Look at what the techs drive.

Manwich - now Keto-Friendly > SteveLehto 01/14/2016 at 15:09

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I’ve never had a problem with mechanics taking any car I’ve owned for a joyride.

Of course the fact that I’ve never spent more than $5000 on a car might have something to do with it... LOL

Dsscats > CaliD00d 01/14/2016 at 20:18

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My mother still swears by MapQuest. None of this Google Maps crap!

Dsscats > HolmerS 01/14/2016 at 20:20

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A friend of mine has his mechanic offer him a 500E or track-prepped 993 loaner while his car was in the shop that day for a bit of work because they are friends. He chose the 993.

takehikes > SteveLehto 01/18/2016 at 17:49

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I look at it this way. Is the car I’m taking in one I would go joy riding in? If so then you are lucky to own it so share the wealth a bit OK? You probably can afford a bit of wear and tear on it.

However, if you are a whiney little candy ass then video your baby when you drop it off and let them see you do it (don’t forget the odometer).