e Handbrake failed - Nissan denys fault

Forum for wheels, tyres, suspension, chassis, brakes
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Deleted User 759

Post by Deleted User 759 »

I understand its personal preference, however just a quick reply to your points...

1. Yes, however as its an electronic handbrake, the efficiency of the brake is better than a cable operated ones.

2. Front discs yes, however rear brakes don't have much work to do and cool down rapidly.

3. This can happen with older cars, newer cars are either better maintained early on, or have good seals. Newer cars should be able to easily overcome 'seized' rear brakes by giving it some beans to brake the rust seal. Older cars will need their callipers looking to for either a 'remove, clean, degrease, refit', replacement or rebuild to overcome.

Some further points, if you leave your handbrake off when parked and it rolled away, then you could be looking at criminal charges if it resulted in an indecent (such as your car rolling away. In addition, you would most certainty invalidate your insurance
It could also make your car much easier to steal.

From the highway code:
Parking (rules 239 to 247)
Rule 239

Use off-street parking areas, or bays marked out with white lines on the road as parking places, wherever possible. If you have to stop on the roadside:
•do not park facing against the traffic flow
•stop as close as you can to the side
•do not stop too close to a vehicle displaying a Blue Badge: remember, the occupant may need more room to get in or out
•you MUST switch off the engine, headlights and fog lights
•you MUST apply the handbrake before leaving the vehicle
•you MUST ensure you do not hit anyone when you open your door. Check for cyclists or other traffic
•it is safer for your passengers (especially children) to get out of the vehicle on the side next to the kerb
•put all valuables out of sight and make sure your vehicle is secure
•lock your vehicle.
It is also a requirement of the road traffic act
http://www.legislation.gov.uk/uksi/1986 ... n/107/made
Leaving motor vehicles unattended

107.—
(1) Save as provided in paragraph (2), no person shall leave, or cause or permit to be left, on a road a motor vehicle which is not attended by a person licensed to drive it unless the engine is stopped and any parking brake with which the vehicle is required to be equipped is effectively set.

(2) The requirement specified in paragraph (1) as to the stopping of the engine shall not apply in respect of a vehicle—
(a)being used for ambulance, fire brigade or police purposes; or
(b) in such a position and condition as not to be likely to endanger any person or property and engaged in an operation which requires its engine to be used to:
(i) drive machinery forming part of, or mounted on, the vehicle and used for purposes other than driving the vehicle; or
(ii) maintain the electrical power of the batteries of the vehicle at a level required for driving that machinery or apparatus.

(3) In this regulation “parking brake” means a brake fitted to a vehicle in accordance with requirement 16 or 18 in Schedule 3.

Perfectplex
Posts: 2
Joined: Fri Mar 25, 2016 9:05 am

Post by Perfectplex »

Just an update on this as there has been a couple of posts. Nissan eventually fixed the vehicle for us and paid for the damage. Red park brake was illuminated on vehicle and car was completely stationary. Automatic handbrake kicks in as soon as the engine stops and then you should be unable to take this off manually. I had a session with the Nissan garage service manager where he indicated that there is a two second timeframe from when the engine stops and if you click the handbrake button you can then take the handbrake off. We both searched and this is not in the manual and not part of the garage safety run through before you leave the garage for the first time. This was not the reason for our vehicles issue but I think it is interesting to note if you are a Qashqai owner.

With regards parking the car in gear- I always park my car in gear but it is not something that my wife does as there are different opinions as indicated above as to whether it is good for the vehicle. I would add that I actually think it is a fantastic car it was just unfortunate that our car had an issue and Nissan's initial customer service was poor.
Deleted User 759

Post by Deleted User 759 »

Thanks for coming back and updating the thread :)

Do you know exactly what was fixed?

As for leaving it in gear, no damage would be caused by leaving it in gear and is recommended by the manufacturer :)
bone_tone
Posts: 39
Joined: Wed Jun 17, 2015 9:29 pm

Post by bone_tone »

Both the Highway Code, and the Road Traffic Act, refer to applying the parking brake on a road - presumably therefore not a requirement if parking elsewhere.
Deleted User 1571

Post by Deleted User 1571 »

bone_tone wrote:Both the Highway Code, and the Road Traffic Act, refer to applying the parking brake on a road - presumably therefore not a requirement if parking elsewhere.
Depends on whether you appreciate chasing after your runaway car in blind panic or not I suppose.
Deleted User 759

Post by Deleted User 759 »

bone_tone wrote:Both the Highway Code, and the Road Traffic Act, refer to applying the parking brake on a road - presumably therefore not a requirement if parking elsewhere.
IT specifies parking brake as not all cars have the conventional manual handbrake. For example, ours has the electronic rear parking brake, some merc's have a 4th pedal to act as a parking brake.

The parking brake is the handbrake where fitted
bone_tone
Posts: 39
Joined: Wed Jun 17, 2015 9:29 pm

Post by bone_tone »

Quacker wrote:
bone_tone wrote:Both the Highway Code, and the Road Traffic Act, refer to applying the parking brake on a road - presumably therefore not a requirement if parking elsewhere.
Depends on whether you appreciate chasing after your runaway car in blind panic or not I suppose.
I would guess that the car is less likely to roll away if left in gear with the handbrake off, than if it was left out of gear and with the handbrake on - as has been proven in this thread.
bone_tone
Posts: 39
Joined: Wed Jun 17, 2015 9:29 pm

Post by bone_tone »

SplanK wrote:
bone_tone wrote:Both the Highway Code, and the Road Traffic Act, refer to applying the parking brake on a road - presumably therefore not a requirement if parking elsewhere.
IT specifies parking brake as not all cars have the conventional manual handbrake. For example, ours has the electronic rear parking brake, some merc's have a 4th pedal to act as a parking brake.

The parking brake is the handbrake where fitted
Yes, but the point I was making is that both state only that it is a requirement to apply the parking brake (handbrake) if parking on a road - if not parking on a road (eg leaving the car for 2 weeks in an airport car park), then you can legally park with the parking brake (handbrake) off.

I had a Merc before the Qashqai, and the foot controlled parking brake was the thing I was most pleased to get rid of!
Deleted User 759

Post by Deleted User 759 »

I think public road' can be defined as an area where, even if private, the public have access to.

Lets say for example Tesco's car park, although still private land, the RTA still applies. So the same would be applied to an airport car park.

https://www.gov.uk/guidance/the-highway ... nd-the-law
Mimran
Posts: 1
Joined: Thu Aug 24, 2017 7:17 am
Qashqai Model: Mk.2 Qashqai - J11 (2013–2017)

Post by Mimran »

Very disappointed
I bought Nissan qq in June 2017and the incident happened on 15th of August a day before going on holiday. I came from work and parked the car on the driveway as usual. At 10-o-clock our neighbour knocked the door and informed us that our car had rolled across the lane and crashed in the neighbours brick wall. The light is broken, the bumper and the body is damaged. Luckily no person is hurt and the wall is fine. As I was going on holiday the next day and wanted the car I got it repaired which has cost £1400. The dealers guarantee is up to 4 of September and I am coming back on 10/9/17. But I still rang them from the airport and explained the situation and they have kindly booked the car for 11th of September.
After reading this forum I thought it is worth entering my story. It has ruined my holidays. I am really disappointed. I hope something good will happen.
This forum is really helpful
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