Ducati fuel tank lawsuit settlement.

Discussion in 'Road Warriors' started by Duck_Pilot, Nov 18, 2011.

  1. Duck_Pilot

    Duck_Pilot Retired Roadracer

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    Has anyone else here been notified of this? It hit my mailbox yesterday....

    There's been a settlement in the class-action lawsuit against Ducati, regarding their plastic fuel tank models. Warranties have been extended for several models and years, to address both 'cosmetic distortions' and 'non-cosmetic problems'. I'm a rotten typist, and not gonna transcribe any more of it here, but I'll post the linky, and phone contact information: http://www.GirardGibbs.com/Ducati.asp 415/544-6281 The case is titled: "Sugarman, et al, v. Ducati North America, Inc., No. 5:10-cv-05246".

    If you own a Ducati with a distorted fuel tank, caused by crappy ethanol-mixed gasolines, here's yer chance to get it taken care of at your local Ducati dealership. *QUACK* :clap
    #1
  2. Superbikemike

    Superbikemike Been here awhile

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    wonder if they would notice a ktm superduke tank needing to be replaced, under there recall.... probably.... rats!!!

    .....note to self never buy a bike with a plastic fuel tank AGAIN!!!
    #2
  3. SocalRob

    SocalRob Super Moderator Super Moderator

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    Got my settlement letter today. Never noticed if my 08 Hypermotard is affected or not.

    Hope this does not hurt Ducati more than it should.
    #3
  4. Mr.Goose

    Mr.Goose Velvet Steamroller

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    a lot of modern bikes have plastic tanks, I don't think that's going to change.

    the issue is in the engineering of the mounts and the design having room for flex and deforming. Some plastic designs have not had any issues.

    my superduke was a nightmare, but my BMW (plastic tank as well) just the opposite. The 'duke's tank hinges at the rear and once deformed makes the front mount near impossible. But the identical tank material is found on the 950 supermoto, and Superenduro, and the 690SM and 690 Duke...these tanks mount in a more simple fashion, and although they've shown to deform a little, it doesn't affect the safety aspect or the ability to remove and re-install the tank for servicing. The guys that designed the superduke mount hopefullly learned from it and newer models won't get that same treatement.

    I haven't seen the Ducati firsthand, but I suspect it's an identical issue seen in my old KTM. At some point, there probably has to be a certain number of reported problems before a company is required to take action.

    This forum and the crap ducati tank thread probably helped to do something about that. But I'd also guess there 1/4 the number of KTM Superdukes in existance so I wouldn't hold my breath waiting for KTM to issue any recall. They replaced my tank once with an identical tank that warped one month later.

    not that I'd turn my nose up at another Superduke or a Ducati over a fuel tank, but looking back, I can't help but think every bike I've owned had some quirks. I'm just not one to focus on the negatives enough to let it affect my enjoyment of the rest of the bike.
    #4
  5. kraher

    kraher Been here awhile

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    It was my understanding (think I read it here?) that although BMW uses the same plastic materials as Ducati & KTM, their tanks are of a double layer construction. In other words, the part you see, and the part that actually attaches to the bike never touch gasoline. The inner layer can deform however it wants and it does not really matter.

    Of course the downside is that the tank will be larger (and heavier) than the internal volume dictates it should be.
    #5
  6. Yossarian™

    Yossarian™ Deputy Cultural Attaché

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    Got two of them (letters) just the other day. I assiduously avoid ethanol in those bikes, so don't have any noticeable deformation. Still, it's good to know that the coverage is extended should the worst happen.
    #6
  7. OConnor

    OConnor Bad Juju

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    Lots of info on the Monster sight...

    http://www.ducatimonsterforum.org/index.php?topic=25074.0

    The fuel tanks with issues are the painted tanks. The bikes without issues usually have panels that cover the actual fuel tank. The tank on my Monster is rippled in the knee cutout area and the top triple contacts the tank before the steering stops.
    #7
  8. hillbillypolack

    hillbillypolack Grumpy Old Goat

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    It's the problem that keeps on going, KTM, Aprilia, and Ducati. Seems if a company sells in a region with ethanol in its fuel, they might want to make sure your polymers don't balloon due to exposure.

    I know Caswell's is one option to coat and prevent (or delay) expansion, but as I understand if you coat the tank you can't receive a replacement if that expands.

    The settlement is ridiculous. I wish there was an alternate to a plastic tank.
    #8
  9. anonny

    anonny What could go wrong?

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    2007-2011 Hypermotard 796 matt, 796 red, 1100, 1100 evo, 1100 evo SP, 1100S, 1100E and 1100SP motorcycles.

    Also noticed my 2011 Multistrada is part of it, thought they would have learned from the past.
    #9
  10. kpt4321

    kpt4321 Long timer

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    It's only this simple if you're an armchair quarterback.

    Ducati, along with a BUNCH of other makes, uses some plastic tank supplier. Been doing it for years, no problems. Then somebody changed gasoline formulation in the US, and some problems cropped up.

    Do they have some responsibility to keep customers happy? Sure. That being said, can you point me to the waiver you signed when you bought the bike that said "we guarantee that this bike will function properly under all conditions at any point in the future"?

    I think they should have done some extended warranty stuff themselves (without the settlement), just to keep people happy. However, I'm not so convinced they are/were obliged to.
    #10
  11. hillbillypolack

    hillbillypolack Grumpy Old Goat

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    I think you may have it backwards. I understand your sentiment, but ethanol content in US gasoline has been at 10% for more than a decade. It was called 'gasohol', and I recall it being at the pumps as far back as 1991 in Michigan.

    That being said, if an OEM sells vehicles, they ought to make sure the gas isn't affecting the plastic formulation for their tanks. Yes I understand that the supplier (Acerbis) also supplies KTM, and other manufacturers, but at the end of the day, it's up to the OEM to approve or alter the formulation.


    From the EIA:

    1975: The United States begins to phase out lead in gasoline. Ethanol becomes more attractive as a possible octane booster for gasoline. The Environmental Protection Agency (EPA) issued the initial regulations, requiring reduced levels of lead in gasoline in early 1973. By 1986 no lead was allowed in motor gasoline.

    1978: The term gasohol was defined, for the first time, in the Energy Tax Act of 1978. Gasohol was defined as a blend of gasoline with at least 10 percent alcohol by volume, excluding alcohol made from petroleum, natural gas, or coal. For this reason, all ethanol to be blended into gasoline is produced from renewable biomass feedstocks. The Federal excise tax on gasoline at the time was 4 cents per gallon. This law amounted to a 40-cents-per-gallon subsidy for every gallon of ethanol blended into gasoline.

    1979: The marketing of commercial alcohol-blended fuels began by the Amoco Oil Company, followed by Ashland, Chevron, Beacon, and Texaco. About $1 billion eventually went to biomass-related projects from the Department of the Interior and Related Agencies Appropriation Act.

    So yes, it's been around as a component in US gasolines for some time.

    Link
    #11
  12. Duck_Pilot

    Duck_Pilot Retired Roadracer

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    I agree. I'm just happy there's an avenue here to get satisfaction for some otherwise pissed-off buyers. The tank on my '07 GT-1000 has indeed distorted - the mounts up front got sloppy-loose, and there is a noticeable indentation in the top of the tank, on the right side......IF YOU ARE LOOKING FOR IT. Those are the negatives. On the positive side, the dealership shimmed the tank mounts at no charge during a scheduled service. And the volume of the tank has increased by about 4/10ths of a gallon.

    If the dip in my tank is less than the prescribed 3mm, and does not qualify for a free tank, then so be it. I still love 'Lil Miss Duckie, although neither one of us is perfect. In the end, this Ducati is just a machine.....an appliance....... a mode of transportation....... a paid-off posession. Our relationship will end someday, and I'll be sad. But that ending will leave room in my life - and my carport - for a new passion. :D
    #12
  13. Pork-Chop Express

    Pork-Chop Express Been here awhile

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    In the next couple of weeks I'm due to get my replacement Super Duke tank back from the shop that treated it with an epoxy coating to prevent ethanol deformation. From there it's a wait and see approach to find out if the coating actually does what it's supposed to do or if the tank deforms any way.........or even worse, if the coating eventually breaks down and starts to come off. While I love my bike and appreciate KTM replacing the tank out of warranty, the manufacturers must come up with a long term solution for this. I simply don't buy the argument that the US should't use ethanol in their fuel and therefore it's not the manufacturers problem if our tanks deform. They've known about this for long enough that at the very least any new models going into production should either use a polyethylene tank with bolt on painted covers or a good ole fashioned metal gas tank. To keep pumping out new bikes with PA6 nylon painted tanks is an insult to consumers.

    If I were to buy a bike to replace my Super Duke tomorrow it would be a Speed Triple or a Z1000 not because I like those bikes more than what KTM, Ducati, Aprilia, or MV are offering but because the Triumph and the Kawasaki are the only ones that come with a metal tank, which is a ridiculous reason to have to choose one motorcycle over another. I haven't been able to actually ride my bike for nearly 3 months due to all of this fooling about with trying to get KTM to first replace the tank and then shipping it out and coordinating getting it coated. To me a bike that you can't ride because it's sitting in the shop indefinitely because of a known issue like this is worthless.
    #13
  14. Duck_Pilot

    Duck_Pilot Retired Roadracer

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    I'd feel exactly the same way, if I were in your situation. KTM and Ducati are presumed to be 'high-end' motorcycles, with high prices and desirability. They shouldn't behave like pass-the-buck politicians when documented problems with their products arise. "Quirky" we can all accept....... "careless" is entirely another matter.

    I hope all goes well with the tank coating. Please post-up with the results - if I get a new tank outta Ducati, I may try the same treatment.
    #14
  15. Steve G.

    Steve G. Long timer

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    No one has brought up the other less notable name in this whole problem. I'd like to throw in the Italian plastic maker/supplier Acerbis, to the same fold as Ducati, Moto Guzzi, KTM, the corn farm lobby, and the U.S. Govt.. Acerbis continues to supply all these makers with fuel tanks made of plastic not able to cope with the 'modern fuels'. All of them have a share of the blame.

    Steve
    #15
  16. Phogman

    Phogman Lurking since 2004

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    I had a 2007 GT1000 with the black and cream tank. I took the bike in for a checkup in the fall of the 2009 and the tech spotted the fact that the tank was spreading. They ordered a new tank.

    It showed up in 6 weeks or so and I took it back in. They replaced the tank with a new one. Total cost to me: zero.

    I don't mind if manufacturers misjudge things occasionally as long as they make it right with their customers. Ducati made it right. You just cannot expect better treatment than that.

    I got my class action notice this week. Thanks, but I'm taken care of already.
    #16
  17. green hell

    green hell yawning or snarling

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    it's not like e5, e10 or even e85 snuck up on ducati or their tank manufacturer (or anyone else for that matter). that fuel tank isn't just a hunk of plastic fastened to the bike. it's been through rigorous hot fuel testing, permeation and durability testing, and using a variety of fuels from the markets where the bikes are sold.

    plastic fuels tanks on modern vehicles are typically multi-layer to reduce permeation and improve geometric stability and impact resistance.

    plastics used in fuel systems are normally resistant to e5 or e10 (and the incumbent water). it's the steel and rubber parts that require some material changes if the fuel system is a flex-fuel model that will see e85.

    there are a number of possible causes, from manufacturing defects to material failure (like the supplier used too much regrind, or went cheap on the plastic mix, or even too much dye). but if it was poor material selection then i'd be very concerned about their product design and validation. for everything, not just fuel tanks. it would be inexcusable to select a non-compatible material for a known fuel.
    #17
  18. oalvarez

    oalvarez Resident Raggamuffin Supporter

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    For a short period of time, yes.
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  19. kpt4321

    kpt4321 Long timer

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    The requirements of a painted motorcycle tank are FAR different than the requirements of the tank hiding under the back of an Accord.

    I'm also worried about my brakes failing randomly, and my wheels falling off. :rofl

    I guess some people just have higher expectations from motorcycle manufacturers than others.
    #19
  20. oalvarez

    oalvarez Resident Raggamuffin Supporter

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    and therein lies the problem, and a problem that is not being fixed.

    to a certain extent, I voted with my wallet.....first time I haven't owned a Ducati in five years and I'm ok with that.
    #20