# Can a mechanic refuse to allow you to drive your car away because it's deemed "unsafe"? **URL:** \ **Category:** Maintenance/Repairs\ **Created:** [January 21, 2009, 11:23pm UTC](https://community.cartalk.com/t/can-a-mechanic-refuse-to-allow-you-to-drive-your-car-away-because-its-deemed-unsafe/25314 "2009-01-21T23:23:30Z")\ **Posts on this page:** 14\ **Page:** 5
**Author:** ![MikeInNH](https://avatars.discourse-cdn.com/v4/letter/m/a587f6/32.png) [@MikeInNH](https://community.cartalk.com/u/MikeInNH)\ **Post date:** [August 19, 2019, 1:55pm UTC](https://community.cartalk.com/t/can-a-mechanic-refuse-to-allow-you-to-drive-your-car-away-because-its-deemed-unsafe/25314/81 "2019-08-19T13:55:40Z")
I think each state has their own laws. I know in NY mechanics use to be able to do that, but it really go abused by unscrupulous mechanics. So NY passed a law to prevent that from happening. ---
**Author:** ![texases](https://sea1.discourse-cdn.com/cartalk/user_avatar/community.cartalk.com/texases/32/862_2.png) [@texases](https://community.cartalk.com/u/texases)\ **Post date:** [August 19, 2019, 1:59pm UTC](https://community.cartalk.com/t/can-a-mechanic-refuse-to-allow-you-to-drive-your-car-away-because-its-deemed-unsafe/25314/82 "2019-08-19T13:59:42Z")
The Michigan lawyer stated in his column response that no state has such a law now. Does anyone here know of a law in any state that allows a mechanic to hold the car? Does anyone here know of any mechanic that’s been sued because they gave a ‘dangerous’ car back to a customer? ---
**Author:** ![shadowfax](https://sea1.discourse-cdn.com/cartalk/user_avatar/community.cartalk.com/shadowfax/32/13026_2.png) [@shadowfax](https://community.cartalk.com/u/shadowfax)\ **Post date:** [August 19, 2019, 3:28pm UTC](https://community.cartalk.com/t/can-a-mechanic-refuse-to-allow-you-to-drive-your-car-away-because-its-deemed-unsafe/25314/83 "2019-08-19T15:28:46Z")
> [@texases](#): > > The Michigan lawyer stated in his column response that no state has such a law now. Yeah, and Lehto’s usually correct when he says something about law (or cars, for that matter). > [@texases](#): > > Does anyone here know of any mechanic that’s been sued because they gave a ‘dangerous’ car back to a customer? That’s probably happened, and the customer’s probably the one who sued them. But as I think has already been mentioned (probably by you), “I’m afraid that I might get sued at some point” does not translate into “and therefore I’m legally permitted to steal your car.” Anyone in here who’s done any work interfacing with customers at all knows that customers will sue at the drop of a hat for the stupidest crap you’ve ever heard of. It doesn’t mean they’ll win, and it doesn’t mean you can violate people’s property rights to try and prevent stupid lawsuits. Sorry @Whitey, I see where you’re coming from but @texases has the right of it. ---
**Author:** ![eddo](https://sea1.discourse-cdn.com/cartalk/user_avatar/community.cartalk.com/eddo/32/2594_2.png) [@eddo](https://community.cartalk.com/u/eddo)\ **Post date:** [August 19, 2019, 3:30pm UTC](https://community.cartalk.com/t/can-a-mechanic-refuse-to-allow-you-to-drive-your-car-away-because-its-deemed-unsafe/25314/84 "2019-08-19T15:30:06Z")
if the vehicle really was that unsafe to drive, as a mechanic, I would be ok with the customer calling the cops. I’d hand the keys over to the customer as I explained to the cops what is unsafe about it and what my concerns are. If customer drives off, then cops can deal with the aftermath. ---
**Author:** ![texases](https://sea1.discourse-cdn.com/cartalk/user_avatar/community.cartalk.com/texases/32/862_2.png) [@texases](https://community.cartalk.com/u/texases)\ **Post date:** [August 19, 2019, 4:30pm UTC](https://community.cartalk.com/t/can-a-mechanic-refuse-to-allow-you-to-drive-your-car-away-because-its-deemed-unsafe/25314/85 "2019-08-19T16:30:41Z")
> [@shadowfax](#): > > That’s probably happened, and the customer’s probably the one who sued them. But as I think has already been mentioned (probably by you), “I’m afraid that I might get sued at some point” does not translate into “and therefore I’m legally permitted to steal your car.” Exactly. I should have asked if anyone knows of a _successful_ lawsuit over this. ---
**Author:** ![MikeInNH](https://avatars.discourse-cdn.com/v4/letter/m/a587f6/32.png) [@MikeInNH](https://community.cartalk.com/u/MikeInNH)\ **Post date:** [August 19, 2019, 6:03pm UTC](https://community.cartalk.com/t/can-a-mechanic-refuse-to-allow-you-to-drive-your-car-away-because-its-deemed-unsafe/25314/86 "2019-08-19T18:03:06Z")
> [@texases](#): > > Exactly. I should have asked if anyone knows of a _successful_ lawsuit over this. In NY (and many others) you can be held criminally liable if you knowingly drive a car that is unsafe. Some 20+ years ago my dad was hit by a driver who ran through a stop sign. His excuse to the cops was his brakes were bad and couldn’t afford to get new brakes until next paycheck. He was sited for running through a stop-sign…then charged with a misdemeanor for knowingly driving an unsafe vehicle. ---
**Author:** ![texases](https://sea1.discourse-cdn.com/cartalk/user_avatar/community.cartalk.com/texases/32/862_2.png) [@texases](https://community.cartalk.com/u/texases)\ **Post date:** [August 19, 2019, 6:08pm UTC](https://community.cartalk.com/t/can-a-mechanic-refuse-to-allow-you-to-drive-your-car-away-because-its-deemed-unsafe/25314/87 "2019-08-19T18:08:57Z")
Yep, the owner/driver should be held accountable. Not the shop. ---
**Author:** ![Rakino7863\_157076](https://avatars.discourse-cdn.com/v4/letter/r/b4bc9f/32.png) [@Rakino7863\_157076](https://community.cartalk.com/u/Rakino7863_157076)\ **Post date:** [September 5, 2019, 1:21pm UTC](https://community.cartalk.com/t/can-a-mechanic-refuse-to-allow-you-to-drive-your-car-away-because-its-deemed-unsafe/25314/88 "2019-09-05T13:21:32Z")
This may be old but I want to make sure everyone knows. This happened to my wife at a tire shop. They said her tire tread depth was too low and technically they aren’t suppose to let her drive away but they aloud us because it was expensive to replace all tires and we had to discuss how we were going to pay for it. I though the same thing… “are they kidding me? They can’t keep my vehicle here” Anyway I looked it up and it depends on state but for Massachusetts this is what it says. # Massachusetts General Laws ch. 90 sec. 7Q – Tire tread depth regulations; compliance; operation of vehicle prohibited Section 7Q. No person, knowing that any tire of a motor vehicle fails to comply with regulations promulgated by the registrar relative to the minimum standards for visual and tread depth, shall operate such vehicle upon any way; and no owner of a motor vehicle, knowing that any tire of such vehicle fails to comply with such regulations, shall permit such vehicle to be so operated. Sooo I guess they can stop you? Still kinda confusing. To me it sounds like they can’t operate your vehicle and if you so choose to operate the vehicle after telling you that, they could call the police on you because you are aware of it. They should give you your keys back though because you own it. ---
**Author:** ![Rakino7863\_157076](https://avatars.discourse-cdn.com/v4/letter/r/b4bc9f/32.png) [@Rakino7863\_157076](https://community.cartalk.com/u/Rakino7863_157076)\ **Post date:** [September 5, 2019, 1:24pm UTC](https://community.cartalk.com/t/can-a-mechanic-refuse-to-allow-you-to-drive-your-car-away-because-its-deemed-unsafe/25314/89 "2019-09-05T13:24:07Z")
I know this doesn’t answer all vehicular problems but I assume it’s pretty close to the same rules. ---
**Author:** ![TwinTurbo](https://avatars.discourse-cdn.com/v4/letter/t/8baadc/32.png) [@TwinTurbo](https://community.cartalk.com/u/TwinTurbo)\ **Post date:** [September 5, 2019, 1:36pm UTC](https://community.cartalk.com/t/can-a-mechanic-refuse-to-allow-you-to-drive-your-car-away-because-its-deemed-unsafe/25314/90 "2019-09-05T13:36:01Z")
> [@tom418](#): > > I can understand that the tow shop owner has control > over what happens in his lot, but once it’s off his property, unless he’s law enforcement does he have a say? No. I’ve watched many episodes of that show and seen several instances where the owner did not have insurance or some other mechanical issue where they would not allow them to drive it off the lot. The tow truck simply dropped the vehicle in the street in front of the parking authority lot and the car owner drove off after settling the bill with the tow truck operator. Other than people who catch the tow hookup in process and pay the drop fee, those are the shortest tows ever- 20 ft out of the lot for $100+… ---
**Author:** ![VOLVO-V70](https://avatars.discourse-cdn.com/v4/letter/v/8e8cbc/32.png) [@VOLVO-V70](https://community.cartalk.com/u/VOLVO-V70)\ **Post date:** [September 5, 2019, 1:39pm UTC](https://community.cartalk.com/t/can-a-mechanic-refuse-to-allow-you-to-drive-your-car-away-because-its-deemed-unsafe/25314/91 "2019-09-05T13:39:45Z")
> [@Rakino7863\_157076](#): > > said her tire tread depth was too low and technically they aren’t suppose to let her drive away The real question here is not holding the vehicle but why did you let the tires get to the point that they were not safe to use. Also , you don’t have a credit card or you could have used the 90 day same as cash that many tire stores have . Yes tires are expensive but you don’t always have to have the highest price on your vehicle. ---
**Author:** ![NYBo](https://sea1.discourse-cdn.com/cartalk/user_avatar/community.cartalk.com/nybo/32/17281_2.png) [@NYBo](https://community.cartalk.com/u/NYBo)\ **Post date:** [September 5, 2019, 1:40pm UTC](https://community.cartalk.com/t/can-a-mechanic-refuse-to-allow-you-to-drive-your-car-away-because-its-deemed-unsafe/25314/92 "2019-09-05T13:40:23Z")
No, it means the driver or vehicle owner is breaking the law, not the shop. ---
**Author:** ![texases](https://sea1.discourse-cdn.com/cartalk/user_avatar/community.cartalk.com/texases/32/862_2.png) [@texases](https://community.cartalk.com/u/texases)\ **Post date:** [September 5, 2019, 1:42pm UTC](https://community.cartalk.com/t/can-a-mechanic-refuse-to-allow-you-to-drive-your-car-away-because-its-deemed-unsafe/25314/93 "2019-09-05T13:42:54Z")
> [@Rakino7863\_157076](#): > > “No person, knowing that any tire of a motor vehicle fails to comply with regulations promulgated by the registrar relative to the minimum standards for visual and tread depth, shall operate such vehicle upon any way; and no owner of a motor vehicle, knowing that any tire of such vehicle fails to comply with such regulations, shall permit such vehicle to be so operated.” Nothing in this portion of the law allows somebody ELSE from preventing you from driving YOUR car. It says the shop is not allowed to drive the car, and that you are not allowed. It does not say the shop can prevent you from driving. ---
**Author:** ![MikeInNH](https://avatars.discourse-cdn.com/v4/letter/m/a587f6/32.png) [@MikeInNH](https://community.cartalk.com/u/MikeInNH)\ **Post date:** [September 5, 2019, 4:18pm UTC](https://community.cartalk.com/t/can-a-mechanic-refuse-to-allow-you-to-drive-your-car-away-because-its-deemed-unsafe/25314/94 "2019-09-05T16:18:25Z")
> [@Rakino7863\_157076](#): > > Sooo I guess they can stop you? NO…that’s not what that means. It means you’re not allowed to operate a knowingly unsafe vehicle. It does NOT mean a mechanic has any right to prevent you from doing so. They are NOT officers of the court. [Previous page](https://community.cartalk.com/t/can-a-mechanic-refuse-to-allow-you-to-drive-your-car-away-because-its-deemed-unsafe/25314.md?page=4)