NHTSA Complaint #11161452 — 2009 DUCATI 1198S

AFTER PURCHASING A 2009 DUCATI 1198S ON 8/3/2018, I DISCOVERED THAT THE MOTORCYCLE HAD 2 OPEN SAFETY RECALLS. I TOOK THE MOTORCYCLE TO A DUCATI DEALER TO PERFORM THE RECALLS. THE DEALER TOLD ME THAT 1 OF THE RECALLS (NHTSA #09V-170; MANUFACTURER #RCL-09-003) IS NOT NEEDED AND THAT THE OTHER RECALL (NHTSA #09V-381; MANUFACTURER #RCL-09-005) CANNOT BE PERFORMED BECAUSE THE RECALL REQUIRES REMOVAL OF THE GAS TANK AND THE GAS TANK CANNOT RELIABLY BE REMOVED AND REPLACED BECAUSE IT IS SWOLLEN (SEE ATTACHED REPAIR ORDER). THE GAS TANK IS SWOLLEN DUE TO A FACTORY DEFECT THAT IS THE SUBJECT OF A CLASS ACTION SETTLEMENT (SEE ATTACHED NOTICE OF CLASS ACTION SETTLEMENT). THE CLASS ACTION SETTLEMENT PROVIDES FOR FREE REPLACEMENT OF THE GAS TANK WITHIN 6 YEARS AFTER THE ORIGINAL PURCHASE DATE (THAT WAS PROBABLY IN 2009 OR 2010), BUT THIS TIME PERIOD EXPIRED BEFORE I PURCHASED THE MOTORCYCLE. THE DEALER INFORMED ME, AFTER INQUIRING WITH DUCATI ABOUT REPLACING MY GAS TANK FOR FREE, THAT THE 09V-381 SAFETY RECALL CANNOT BE PERFORMED UNLESS I PAY APPROXIMATELY $1300 FOR A NEW GAS TANK. I RESPONDED THAT I WAS NOT WILLING TO PAY $1300 FOR A FACTORY DEFECT (SEE ATTACHED EMAIL). AS A RESULT, THE DEALER DID NOT PERFORM THE 09V-381 SAFETY RECALL AND I PICKED UP THE MOTORCYCLE. I DO NOT THINK I SHOULD HAVE TO PAY $1300 TO GET A SAFETY RECALL PERFORMED. DUCATI SHOULD REPLACE MY GAS TANK, AND PERFORM THE 09V-381 SAFETY RECALL, FREE OF CHARGE.