Gen 1 & 2 fix + compensation

Any news yet on the fix?

Seems like we have one deadline pass then another deadline pass on the proposed gen 1 and gen 2 fix and still no decision or EPA mafia approval. Anybody have inside info on whats taking so long?

Tankbuster said:

Seems like we have one deadline pass then another deadline pass on the proposed gen 1 and gen 2 fix and still no decision or EPA mafia approval. Anybody have inside info on whats taking so long?

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How can they approve anything when they're all being fired!?

Yes... I can picture it now. A big board room filled with all the players in this massively long over drawn out process and the Donald walking around with a baseball bat talking about dishonor and how this is going be decided tonight!

Carb

Just to inject my 2 cents, I am a retired diesel mechanic foreman who worked for a northern Cal county. I have first hand knowledge of CARB, attending their classes and talked to CARB officials in Sacramento as well as their enforcement officers. You have to understand that CARB is a powerful self funded(by fines) agency. They have literally put many trucking companies and owner operators out of business and forced compliance on everything diesel, trucks, heavy equipment, generators etc. Noncompliant equipment is either repowered with a new engine, retrofitted with a DPF(if it's possible) or junked with strict timelines. They retroactively went back in time to impose these restrictions, with few exceptions(1998 and older diesel pickups) assuming they would all eventually be off the road.
All that being said, IMO I would be amazed if CARB approved gen 1 TDI's without the vehicles meeting all their requirements. If they are deemed Noncompliant after the drop dead timeline, probably would instruct the DMV that they are "Gross Polluters" and to refuse registration renewal.
Here in Oregon we have the DEQ inspections in certain parts of the state and its unknown if they will follow CA. Other states?
I have over 40 years in the industry, and I am not posting this to be a buzzkill. Just wanted to share my experience and provide an understanding of how CARB operates

rollcoal2 said:

Just wanted to share my experience and provide an understanding of how CARB operates

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You experience either misses or ignores the fact that CARB has already, and specifically, agreed (1) not to require 100% compliance as a condition of approval of any fix, (2) to actually approve the fix for the Gen 3 TDIs which does not meet 100% compliance (i.e., that fix is approved and being installed on cars around the country already, and it does not make the cars 100% compliant), and (3) not to refuse registration of any Dieselgatemobile based on its not meeting emissions standards.

You aren't the first to come in here spreading FUD about the big bad CARB, and I'm sure you won't be the last, but I can hope...

Well, Hope springs Eternal

Nothing will happen.

I know a lot of board regulars have stressed the point that the VW documents state the fix needs to be completed before any payments are issued. The title of this thread quotes the actual settlement document which does say fix + restitution. I do not see these two statements as the same. I do plan on challenging the VW document if a fix is not offered for my 2012 in court, not as a challenge to the class settlement but as a failure to perform the agreement of the settlement. "Fix + Restitution" does not indicate any order or contingency. Many posts have quoted the VW document but not the court restitution document. I am happy to be proven wrong by a lawyer type on the board, but I have not signed the agreement document VW sent me until I see the fix for my 2012. If I do not get a fix, I will be filing suit for the same restitution as a leasee or someone who sold their VW as the court restitution document does not specify VW can deny this unless I sign the document agreeing to it. This, I believe is different than going outside the class action. This I feel is raising a failure to perform to the agreement action.

Where, and in which document (you have three options: the DOJ/EPA settlement, the FTC settlement, and the class action settlement), do you find that VW is required to pay restitution to an owner who keeps the car and doesn't have a fix done? I am a "lawyer type", though I should emphasize that I'm not your lawyer and you aren't my client, and I haven't found any such requirement. If, by a specified time (I believe it's May of next year, but I'm not 100% sure), a fix hasn't been approved, you have another opportunity to opt out and pursue your own action, and I wouldn't begin to speculate what the results of that might be.

Like I have said since the beginning, there will not be a fix for the Gen 1 TDI's. It makes no sense financially for VW to fix the Gen 1's. Just drive them or turn them in while the option is still available. I plan to drive mine to the wheels fall off.

Page 17 of 3rd status report:

Gen 1 Perposed Emission Modification was submitted on 2017-01-25 and is still "Pending/ testing ongoing" after 5 months.

No submission of supplemental materials since then.

Not likely ever going to get approved.

Max Period said:

Page 17 of 3rd status report:

Gen 1 Perposed Emission Modification was submitted on 2017-01-25 and is still "Pending/ testing ongoing" after 5 months.

No submission of supplemental materials since then.

Not likely ever going to get approved.

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If you look at that chart, this is more promising than the gen 2 manual transmission vehicles, which are listed as "not approved"

(with a footnote that VW is considering modification and resubmit of a solution for the manual transmission gen 2 cars)


there is no detail on what the testing for the Gen 1 fix consists of, or what the expected duration is. it aint over till its over.