We’ve said it right from the start, and repeated this sentiment several times since we launched our action against the Volkswagen group – which car maker is next?
With Mitsubishi, Nissan, Fiat, and Opel all being in the limelight with various admissions and accusations about cheating or rigging emissions data, the question of who has specifically acted illegally is being raised again.
The latest is this: Fiat are being accused of breaking the law, whereas Opal may get away with what they have done because of how we define what’s “legal” and how we define what is “cheating.”
Fiat – the ticking timer
You may have read our previous blog about this. Well, German regulators are making clear allegations that Fiat have installed illegal defeat devices after the discovery that the exhaust treatment systems change or cease to operate 22 minutes after engine start. Given that tests only last 20 minutes, the allegation is the clear use of an illegal “defeat device” within meaning of its definition.
Regulators are quoted to have said that this is “sufficient proof of an illegal defeat device.”
We are investigating the Fiat defeat device allegations, and anyone affected can contact us for help.
We are already acting for thousands affected by the Volkswagen Emissions Scandal
Opel – not illegal?
Carmaker Opel on the other hand is set to escape any liability for claims or even any allegations that they have broken the law because, technically speaking, they haven’t broken the law, according to what they have done…
It’s all very clever…
Their “defeat device” as accused resulted in their exhaust management systems switching off at temperatures below 20C and above 30C, which fits in with the testing, as temperatures during testing are, as you might have guessed, between 20C to 30C. But the official reason that this happens, which has been declared as an “official reason” shall we say, is to protect the engine.
They appear to have a legal reason as to why this happens, which they are entitled to employ.
So, there is a reasonable explanation. But it didn’t stop there because the systems also switched off at speeds of 90mph and at revs over 2400 rpm – which Opel said was to prevent environment harming and poisonous ammonia gas… i.e. another plausible explanation.
And it didn’t stop there – it also switched off if the air pressure indicated an altitude of 850 meters or higher, which, ironically, the altitude of the highest lab in Germany is at 800 meters. But there was a reason for that too, which was that the engine needs to have enough oxygen to prevent sooting.
The upshot here is that Opel appear to have designed their engine management system to allow their vehicles to pass emissions testing but emit far higher NOx in the real world on the basis that the systems were switching off or changing to legitimately stop other problems. I suppose it’s a sort of “bending” of the rules in a way, or perhaps a clever use of the rules to make sure that their vehicles complied and stayed above board at all times, depending on which way you look at it or define it.
In response, experts have suggested their reasoning is legally sound having meticulously adhered to the letter of the law.
On a final note: I wonder of Volkswagen are kicking themselves that they – as one of the biggest manufactures in the world – didn’t apply a cleverer way of ensuring their vehicles legally complied like Opel appear to have; or whether their clever software has been somewhat overshadowed by the alleged Fiat “defeat device” that allegedly just turns off the emissions controls two minutes after testing time!
Legitimate or not, car makers appear to be going to extreme lengths to show their vehicles are not harming the environment, when, in reality, they are!
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