documents clear state that additional OBD checks will be in place to determine if the fix is in place and working. You just need to spend a few minutes reading it. And it your
Theory that states wouldn't check, where it a simple software update to the obd2 test equipment to look for those changes. So saying that they wouldn't check is just as much FUD (probably more) then saying they will.
https://www.vwcourtsettlement.com/en/docs/Appendix B.pdf
clearly points out that OBD testing for faults in the future to determine the effectiveness of the fix and long term. So at what point would states not test?
This also dovetails nicely with EPA Tier 3 emissions standards implementation starting 2017
https://www3.epa.gov/otaq/tier3.htm
I know I am going to regret getting involved in this pile of dung, but I can't stand it any more. I will step in and immediately step out.
The document you (jims2321) quote (
https://www.vwcourtsettlement.com/en/docs/Appendix B.pdf) as your proof that the state will eventually not allow unfixed cards to be registered simply defines the requirements that are placed on Volkswagen for fixed cars. It doesn't imply anything about requirements for unfixed cars.
You also say (and I didn't verify this independently) that EPA Tier 3 standards start in 2017. That is for cars manufactured starting in 2017, not for for current cars still on the road in 2017 and later. I.e. it will never apply retroactively to unfixed TDIs.
The relevant clause, which you seem to want to ignore, says that all states that accept money from the ENVIRONMENTAL MITIGATION TRUST AGREEMENT must not deny registration to unfixed vehicles based on the fact they are unfixed.
See Appendix D to the DOJ Partial Consent Decree.
http://www.cand.uscourts.gov/filelibrary/1776/Partial-Consent-Decree.pdf
It clearly states in section 4.2.9 of Appendix D that
"...the certifying Entity:
(a) Shall not deny registration to any Subject Vehicle based solely on:
i. The presence of a defeat device or AECD covered by the resolution of claims in the Consent Decree; or
ii. Emissions resulting from such a defeat device or AECD; or
iii. The availability of an Approved Emissions Modification or the Buyback, Lease Termination, and Owner/Lessee Payment Program."