Fuel Tank Leak - please contact VOSA

[ailwyn]

There was a recall on some Elans in the UK for fuel tanks

Do you have any more info on this? I've seached the rest of the site and can't find any other details.

Mark,

Have a look at Geoff's post, 6th one in on this thread.

Ailwyn

[Sy V]

Service Bulletin 1990/16 - Replacement of Fuel Tank.

[Freelander]

From personal experience and limited research (but please correct if this is wrong or has been misinterpreted).

The legal position relating to product liability in the USA is markedly different to that in UK.

In the USA, products liability is generally considered a strict liability offense. Strict liability does not depend on the degree of carefulness by the defendant or that the plaintiff must suffer any injury or loss. In products liability terms, a defendant is liable when it is shown that the product is defective. The USA law is proactive and seeks to protect against defective products. A single claim will create a product recall.

In the UK, product liability is found within the Consumer Protection Act 1987 that entitles any person injured by a defective product to sue for damages. This Act removes the previous need to prove negligence and extends the protection to anyone injured by a defective product, whether or not the product was sold to them. A defective product is defined as one where the safety of the product is not such as persons generally are entitled to expect. A product will not be considered defective solely because it is of poor quality or because a safer version is subsequently put on the market. In UK, the law is reactive and seeks to provide damages on an individual case by case basis.

Obviously, no manufacturer would want its products to be seen to be defective and Lotus does appear to have identified the UK cars needing remedial work to the fuel filler/ tank. The number of cars is low and Lotus has instructed replacement of the fuel tank.

This is not a matter of warranty or product support but an acknowledged design problem. If there are any other cars that have this defect but where the VIN has not been not listed, Owners should contact Lotus to notify the defect and request assistance in replacement.

IMO the brake caliper / corroded sliding pins issue has equal impact (again recall in USA - similarly safety critical) but affects a greater number of owners.

[surfboardfiller]

From personal experience and limited research (but please correct if this is wrong or has been misinterpreted).....

The legal position relating to product liability in the USA is markedly different to that in UK.

A really good post!

[markv]

Thanks Ailwyn/Sy/Geoff. That bulletin is dated 1990 (I assume from the numbering), but my car - first registered Aug 1991 - had the leaky fuel tank problem. So was this a different problem?

[ailwyn]

Good question Mark, the only way to find out for certain is to compare your fuel tank to one that had been replaced under warranty (or has not been replaced on one of the listed VINs).

It'd be interesting to know what modification (if any) was made and whether a visual inspection could identify an old/new design.

Part of this has to be put down to a car that's 17 yrs old... if it was a defective tank then why wait 17 years to break? IIRC the filler pipe is metal, so this will corrode over time.

[surfboardfiller]

The fuel tank is exposed on the underside of the car and is vulnerable to being knocked underneath. I think this could split the spout.

[tswcowboy]

my elan fuel tank has leaked from the neck since i first got it 7 years ago if i fill it to the top it leaks from a stress fracture in the neck of the tank and this is the acknoleged weak point i belive it is to do with the fact that the tank is held solid in place with no rubber bushes to allow any movement so when the car is going along scuttle shake cracks the neck if i fill the car up over 3 quaters of a tank it leaks onto the floor and stinks the interior out i have seen this on 3 other cars that i have stripped at scrap yards and belive it was quite a wide spread problem
or i could be talking out of my arse and got it wrong but i belive there is a fuel tank issue and wether the car is old or new if its a company problem it is still ackloged as the companys fault they have the same with aircraft which in later life develope faults the companys still at fault if the manafactring is not upto a standered
aaron

[surfboardfiller]

my elan fuel tank has leaked from the neck since i first got it 7 years ago if i fill it to the top it leaks from a stress fracture in the neck of the tank and this is the acknoleged weak point i belive it is to do with the fact that the tank is held solid in place with no rubber bushes to allow any movement so when the car is going along scuttle shake cracks the neck if i fill the car up over 3 quaters of a tank it leaks onto the floor and stinks the interior out i have seen this on 3 other cars that i have stripped at scrap yards and belive it was quite a wide spread problem
or i could be talking out of my arse and got it wrong but i belive there is a fuel tank issue and wether the car is old or new if its a company problem it is still ackloged as the companys fault they have the same with aircraft which in later life develope faults the companys still at fault if the manafactring is not upto a standered
aaron

I'd say it is undoubtedly a weak point in the cars design, but I would not be so quick to say it's Lotus fault. Car manufacturers (here) are obliged to supply parts for 10 years at our expense, which is the life expectancy of a car. The cars are well out of that period. This car is pretty good by comparison and this forum is excellent for identifying problems, establishing how common they are and how to solve them.
I think getting into a blame scenario is not going to fix your fuel tank. First find the cause as a fact, then find a solution. Lot's of parts break on the car, just fix it and prevent it happening again. Lotus aren't interested and aren't obliged to do anything about it.

[G UK]

My Early S2 also has this problem, if I brim the tank it spills out onto the floor and I've now had several comments about the smell of petrol when the car is near full. I doubt a full recall would happen now after so long and with the small numbers but I a interested in where this goes.

[tswcowboy]

i have learnt to live with it to be honest if i have come out of the house and the car starts doesnt make a wired noise or a wheel fall off i think i am doing rather well for a lotus

[garymb]

I've latched onto this with some interest... for 12 months now, if I fill my tank above 3/4 the leaking fuel vapour is horrific. There is no visible liquid leak, and as I have more pressing issues at the front end of the car, so far I've left well alone.
There is however, little doubt in my mind that the filler neck is leaking on mine.
1990 S1.
Gordon

I'm in exactly the same position. I contacted VOSA and got this response:

Dear Mr Mortensen-Barker

Thank you for your e-mail to VOSA's enquiry unit regarding the above issue,
which has been forwarded to VOSA’s Vehicle Safety Branch (VSB) to respond
to.

We have previously investigated this issue before and have established with
Lotus that,, although there was a campaign to address this concern on some
25 vehicles in the US, it did not apply elsewhere, as the rear of the
vehicles marketed within the US differ from other markets. This induced a
greater degree of flexing, which resulted in excessive stress being applied
to the tank filler spigot. Lotus further advised VOSA that they are aware
of only one other complaint from the UK, and none from anywhere else in the
world.

Due to this and the age of the vehicles, some of which are in excess of 17
years old, we have decided that there is not a safety issue under the terms
of the Code of Practice or the General Product Safety Regulations and have
closed our case on the issue.

However, I would suggest that you contact Lotus, as they are best placed to
answer your questions on this issue.

If we can be of further assistance, please do not hesitate to contact me.

Yours Sincerely

Andrew Tudor
Automotive Engineer
Vehicle Safety Branch
VOSA
Berkeley House
Croydon Street
Bristol
BS5 0DA

[williamc]

I've now checked my VIN (thanks to John_W for the helpful link above). Serial number 7684, so first registered in May 1991. This places it after the original series covered by Service Bulletins Number 1990/16 (27/4/90) which only went as high as serial no 6161 (thanks to GeoffSmith for that one).

As suggested, I contacted Lotus to ask whether my later model should have been covered under that Service Bulletin. Not surprisingly they said "No". When I started pursuing this issue in March 08, Lotus said they'd only received one other complaint on this issue (see VOSA letter in post by garymb). That is transparently not true now, but they're now falling back on the argument that this is wear and tear on an old part, not a design fault.

I'm clearly not the only one with a slightly newer car (1991 rather than 1990) to have had this problem (MarkV's was August 1991). So it looks as though whatever the problem was in 1990, they hadn't fixed it by 1991. And Lotus wouldn't have found it hard to contact me since I've had it from new. I'll have one last crack at VOSA to see if they show more interest now that Lotus's original argument (only one complaint) is disproved. If they still say no, then fair enough. The only point of starting this thread was to ensure fair treatment for UK owners, and if the UK law says no recall despite the one in the US, then c'est la vie. And in all other respects it's been a brilliant car.

Best post on this thread was from muley . If it really is that easy to get at the tank to fix the problem then there's some chance of putting it right without paying a garage to take the whole car apart. Thanks all.

[surfboardfiller]

I've now checked my VIN (thanks to John_W for the helpful link above). Serial number 7684, so first registered in May 1991. This places it after the original series covered by Service Bulletins Number 1990/16 (27/4/90) which only went as high as serial no 6161 (thanks to GeoffSmith for that one).

As suggested, I contacted Lotus to ask whether my later model should have been covered under that Service Bulletin. Not surprisingly they said "No". When I started pursuing this issue in March 08, Lotus said they'd only received one other complaint on this issue (see VOSA letter in post by garymb). That is transparently not true now, but they're now falling back on the argument that this is wear and tear on an old part, not a design fault.

I'm clearly not the only one with a slightly newer car (1991 rather than 1990) to have had this problem (MarkV's was August 1991). So it looks as though whatever the problem was in 1990, they hadn't fixed it by 1991. And Lotus wouldn't have found it hard to contact me since I've had it from new. I'll have one last crack at VOSA to see if they show more interest now that Lotus's original argument (only one complaint) is disproved. If they still say no, then fair enough. The only point of starting this thread was to ensure fair treatment for UK owners, and if the UK law says no recall despite the one in the US, then c'est la vie. And in all other respects it's been a brilliant car.

Best post on this thread was from muley . If it really is that easy to get at the tank to fix the problem then there's some chance of putting it right without paying a garage to take the whole car apart. Thanks all.

I really don't understand why you have not got this fixed and made a big song and dance about it, why write letters to VOSA or anyone? It's a 17 year old car which by your own words: "I have a 1991 Elan which recently developed a leak at the neck of its fuel tank." Has gone wrong after it's life expectancy. They don't last forever and it isn't Lotus' fault! get it fixed, drive it and enjoy it until the next thing breaks; then get that fixed!

[MattDon]

i agree with surferphil, its not worth the hassle, i had the same issue on mine which was also registered in 91' but as has been pointed out its a 17 year old car, just pick up an newer (i went for S2) fuel tank and get it in. I apriciate its a common fault and it seems unfair that the US got theirs replaced but ours are failing more than 15 years after the recall so i dont think it could be argued that the car was not fit for purpose.

happy motoring.