Volkswagon In Trouble With The EPA (Defeat Device Found)

[DEEPNHOCK]

Probably scrapped. It would cost more than the profit margin on the sale to ship them anywhere.
Might be a cool deal, if you could run them off test mode all the time..
And it isn't the 'hoax' message you infer... It was a violation of the existing laws that are in place regarding testing of emissions.
Laws passed by elected officials that believe in that issue (or that are getting paid to believe in that issue).

Just saw Jeff's post. I gotta go for now, but I quickly skimmed the info in the link. Heard on the TV news that VW is offering a repair, or buy back. My question is...Will the "Buy Back" cars get scrapped, repaired and resold to our market, or end up in other countries not participating in the climate hoax?

If I could pick up one of their vehicles at a bargain...I'd certainly take a look.

[t walgamuth]

Since this broke I have suggested perhaps none of the current cars meet the standards without gaming the system.

We don't even know what the rule states....perhaps it just says pass the test. If so they might not even be breaking the rule technically.

[DEEPNHOCK]

(Update 6/28/2016)

http://www.aftermarketnews.com/volkswagen-to-spend-up-to-14-7b-to-settle-allegations-of-cheating-emissions-tests-and-deceiving-customers-on-2-liter-diesel-vehicles/?eid=284834736&bid=1446048

(copy)
Legislative • OEVolkswagen To Spend Up To $14.7B To Settle Allegations Of Cheating Emissions Tests And Deceiving Customers On 2-Liter Diesel Vehicles

June 28, 2016 12:15 PM
by aftermarketNews Staff

In two related settlements, one with the United States and the State of California, and one with the U.S. Federal Trade Commission (FTC), German automaker Volkswagen AG and related entities have agreed to spend up to $14.7 billion to settle allegations of cheating emissions tests and deceiving customers.

Photo credit: iStock.com/tstajduhar

Volkswagen will offer consumers a buyback and lease termination for nearly 500,000 2009-‘15 model year 2-liter diesel vehicles sold or leased in the U.S., and spend up to $10.03 billion to compensate consumers under the program. In addition, the companies will spend $4.7 billion to mitigate the pollution from these cars and invest in green vehicle technology.
The settlements partially resolve allegations by the Environmental Protection Agency (EPA), as well as the California Attorney General’s Office and the California Air Resources Board (CARB) under the Clean Air Act, California Health and Safety Code and California’s Unfair Competition Laws, relating to the vehicles’ use of “defeat devices” to cheat emissions tests. The settlements also resolve claims by the FTC that Volkswagen violated the FTC Act through the deceptive and unfair advertising and sale of its “clean diesel” vehicles. The settlements do not resolve pending claims for civil penalties or any claims concerning 3-liter diesel vehicles. Nor do they address any potential criminal liability.
The affected vehicles include 2009-‘15 Volkswagen TDI diesel models of Jettas, Passats, Golfs and Beetles, as well as the TDI Audi A3.
“Today’s announcement shows the high cost of violating our consumer protection and environmental laws,” said FTC Chairwoman Edith Ramirez. “Just as importantly, consumers who were cheated by Volkswagen’s deceptive advertising campaign will be able to get full and fair compensation, not only for the lost or diminished value of their car but also for the other harms that VW caused them.”
“By duping the regulators, Volkswagen turned nearly half a million American drivers into unwitting accomplices in an unprecedented assault on our atmosphere,” said Deputy Attorney General Sally Yates. “This partial settlement marks a significant first step toward holding Volkswagen accountable for what was a breach of its legal duties and a breach of the public’s trust. And, while this announcement is an important step forward, let me be clear, it is by no means the last. We will continue to follow the facts wherever they go.”
“Today’s settlement restores clean air protections that Volkswagen so blatantly violated,” said EPA Administrator Gina McCarthy. “And it secures billions of dollars in investments to make our air and our auto industry even cleaner for generations of Americans to come. This agreement shows that EPA is committed to upholding standards to protect public health, enforce the law, and to find innovative ways to protect clean air.”
According to the civil complaint against Volkswagen filed by the Justice Department on behalf of EPA on Jan. 4, 2016, Volkswagen allegedly equipped its 2-liter diesel vehicles with illegal software that detects when the car is being tested for compliance with EPA or California emissions standards and turns on full emissions controls only during that testing process. During normal driving conditions, the software renders certain emission control systems inoperative, greatly increasing emissions. This is known as a “defeat device.” Use of the defeat device results in cars that meet emissions standards in the laboratory, but emit harmful NOx at levels up to 40 times EPA-compliant levels during normal on-road driving conditions. The Clean Air Act requires manufacturers to certify to EPA that vehicles will meet federal emission standards. Vehicles with defeat devices cannot be certified.
The FTC sued Volkswagen in March, charging that the company deceived consumers with the advertising campaign it used to promote its supposedly “clean diesel” VWs and Audis, which falsely claimed that the cars were low-emission, environmentally friendly, met emissions standards and would maintain a high resale value.
The settlements use the authorities of both the EPA and the FTC as part of a coordinated plan that gets the high-polluting VW diesels off the road, makes the environment whole and compensates consumers.
The settlements require Volkswagen to offer owners of any affected vehicle the option to have the company buy back the car and to offer lessees a lease cancellation at no cost. Volkswagen may also propose an emissions modification plan to EPA and CARB, and if approved, also may offer owners and lessees the option of having their vehicles modified to substantially reduce emissions in lieu of a buyback. Under the U.S./California settlement, Volkswagen must achieve an overall recall rate of at least 85 percent of affected 2-liter vehicles under these programs or pay additional sums into the mitigation trust fund. The FTC order requires Volkswagen to compensate consumers who elect either of these options.
Volkswagen must set aside and could spend up to $10.03 billion to pay consumers in connection with the buy back, lease termination and emissions modification compensation program. The program has different potential options and provisions for affected Volkswagen diesel owners depending on their circumstances including a buyback option.
EPA-approved modification to vehicle emissions system
The settlements also allow Volkswagen to apply to EPA and CARB for approval of an emissions modification on the affected vehicles, and, if approved, to offer consumers the option of keeping their cars and having them modified to comply with emissions standards. Under this option in accordance with the FTC order, consumers would also receive money from Volkswagen to redress the harm caused by VW’s deceptive advertising.
Consumers who leased the affected cars will have the option of terminating their leases (with no termination fee) or having their vehicles modified if a modification becomes available. In either case, under the FTC order, these consumers also will receive additional compensation from Volkswagen for the harm caused by VW’s deceptive advertising. Consumers who sold their TDI vehicles after the VW defeat device issue became public may be eligible for partial compensation, which will be split between them and the consumers who purchased the cars from them as set forth in the FTC order.
Eligible consumers will receive notice from VW after the orders are entered by the court this fall. Consumers will be able to see if they are eligible for compensation and if so, what options are available to them, at VWCourtSettlement.com and AudiCourtSettlement.com. They will also be able to use these websites to make claims, sign up for appointments at their local Volkswagen or Audi dealers and receive updates. Consumer payments will not be available until the settlements take effect if and when approved by the court, which may be as early as October 2016.
Emissions reduction program
The settlement of the company’s Clean Air Act violations also requires Volkswagen to pay $2.7 billion to fund projects across the country that will reduce emissions of NOx where the 2-liter vehicles were, are or will be operated. Volkswagen will place the funds into a mitigation trust over three years, which will be administered by an independent trustee. Beneficiaries, which may include states, Puerto Rico, the District of Columbia, and Indian tribes, may obtain funds for designated NOx reduction projects upon application to the trustee. Funding for the designated projects is expected to fully mitigate the NOx these 2-liter vehicles have and will emit in excess of EPA and California standards.
Zero emissions technology investments
The Clean Air Act settlement also requires VW to invest $2 billion toward improving infrastructure, access and education to support and advance zero emission vehicles. The investments will be made over 10 years, with $1.2 billion directed toward a national EPA-approved investment plan and $800 million directed toward a California-specific investment plan that will be approved by CARB. As part of developing the national plan, Volkswagen will solicit and consider input from interested states, cities, Indian tribes and federal agencies. This investment is intended to address the adverse environmental impacts from consumers’ purchases of the 2-liter vehicles, which the governments contend were purchased under the mistaken belief that they were lower-emitting vehicles.
FTC’s injunctive relief
The FTC settlement includes injunctive provisions to protect consumers from deceptive claims in the future. These provisions prohibit Volkswagen from making any misrepresentations that would deceive consumers about the environmental benefits or value of its vehicles or services, and the order specifically bans VW from employing any device that could be used to cheat on emissions tests.
The provisions of the U.S./California settlement are contained in a proposed consent decree filed today in the U.S. District Court for the Northern District of California, as part of the ongoing multi-district litigation, and will be subject to public comment period of 30 days, which will be announced in the Federal Register in the coming days. The provisions of the FTC settlement are contained in a proposed Stipulated Final Federal Court Order filed today in the same court.
To view the consent decree, visit: www.justice.gov/enrd/consent-decrees.
The commission vote approving the stipulated orders was 3-0. The FTC filed the proposed orders in the U.S. District Court for the Northern District of California, San Francisco Division. Stipulated final orders have the force of law when approved and signed by the District Court judge.

Want More News Like This In Your Inbox? Sign Up For the AMN Newsletters.

[DEEPNHOCK]

VW will NOT sell diesels in the US any more...

http://wardsauto.com/news-analysis/autoline-daily?NL=WAW-04&Issue=WAW-04_20161123_WAW-04_9&sfvc4enews=42&cl=article_2&utm_rid=CPENT000004022085&utm_campaign=8850&utm_medium=email&elq2=60c93c6e3c48440ca5bd5e3c62a9ca11

[2moredoors]

Yes, no news about Canada yet but I expect that they will follow suit. Pity, I have been driving them for years.

[t walgamuth]

i like mine. I believe I will be able to receive about 2500 if I let them convert. If I want to keep it as is I will get nothing, as I understand it. My plan is to wait until some folks get theirs converted then decide. I believe I have more than a year to act.

You can buy a lot of fuel for 2500 if that is the trade off. Giving up the wonderful turbo power though will be tough.

[BobPalma]

'Looks like a bit of a storage problem for the repurchased cars!

http://www.autonews.com/article/20170324/VIDEO/303249981/first-shift-idled-vw-diesels-take-the-field?cciid=email-autonews-firstshift

[conrad01]

I would buy one in a heart beat if I had to commute for a job. 40-50mpg for one person it better than 18-22 for my wifes buick enclave. Discount them let them be driven until the tires fall off then scrap them or . Just remember if you are allowed to run a older diesel in California then these should be fine. When I was there I saw a lot of 2004 ford 6l (6mpg) and 5.9 cummins (28mpg) and 6.6 durramax (23mpg) billowing black clouds and that's just how they ran at the best of time but that's ok. California should just ban all oil burners and stick to the low mpg gas vehicles because that would be better ??? You buy a diesel for longevity and mileage. I'm now at 437000km and getting 20mpg on average with a 2008 cummins . You barley that out of a gas truck now a day

[sweetolbob]

i like mine. I believe I will be able to receive about 2500 if I let them convert. If I want to keep it as is I will get nothing, as I understand it. My plan is to wait until some folks get theirs converted then decide. I believe I have more than a year to act.

You can buy a lot of fuel for 2500 if that is the trade off. Giving up the wonderful turbo power though will be tough.

Question: If you chose to keep it as is and take it to the dealer, is he required to adjust it to the new configuration? It might be a good reason to avoid VW dealers if that's the case. Bob

[t walgamuth]

I don't think so.

[DEEPNHOCK]

Verdict came in today (12/11/2017)

http://www.onallcylinders.com/2017/12/07/former-vw-exec-gets-max-prison-sentence-for-role-in-emissions-scandal/

(snippet copy - see link for entire article)

Oliver Schmidt, one of the highest-ranking Volkswagen officials implicated in Volkswagen’s emissions-cheating scandal, was sentenced to seven years in prison by a federal district court judge in Detroit this week.
Schmidt is the former general manager of VW’s U.S. Environment and Engineering Office. He was a key figure in the the company’s efforts to cheat on mandatory diesel-emissions testing—a system of deception that grew to a global scale—and has ultimately cost the German automaker more than $20 billion in fines and settlements.
The seven-year prison sentence, along with a $400,000 fine, was the maximum penalty allowed by law.
Schmidt plead guilty to two felony counts of conspiracy. A third charge of aiding and abetting wire fraud was included in the original two counts as part of a plea deal.

[DEEPNHOCK]

http://www.autonews.com/article/20171206/OEM02/171209840/ex-vw-exec-schmidt-gets-max-7-years-400000-fine-for-u-s-emissions

[JRoberts]

This whole mess is regrettable. I will admit that I am very disappointed in VW's actions concerning there diesel vehicles. We have owned several VW's over the years from a 1958 bus to the present Golf Sport Wagon. We have always been happy with our VW's none of which has been a diesel. The VW dealer here has the best service department in town and there was much angst when this ugly episode began at our dealership and that continues now. The last two VW's we purchased (a 2001 Jetta 1.8 turbo and the newest a 2016 Sport Wagon (also a turbo model) both get better than 30 mpg on a regular basis. They are quick, handle great and the gas mileage is wonderful. I hope that these vehicles and dealers like ours will prop up the VW brand despite the criminal acts of VW corporate.

[Buzzard]

Thanks for the interesting updates Jeff. I can't help but wonder what his bonuses amounted to over the past 10+ years.
Bill

[GrumpyOne]

Agreed. "...40 times as much pollution?" You'd think they'd be smoking worse than perceived diesels of old if that were the case.

It does say "up to 40 times as much," so maybe there is a small window in the total run cycle where it spikes to that extent....but if so, only rarely. Probably a misleading statement...or at least easily mis-interpreted... BP

Maybe "reasonable" standards are in order???