You are entirely right. When the dealer ran my vin, it showed up as "phase 2 complete". I had to show them the sticker under the hood, and the part number from the original work order to prove them only an NOx sensor was installed.
Ill post with an update after.
Please do. My "concern" this whole time is that what the dealer is seeing is probably correct. The emissions fix is Phase 1 then Phase 2. Phase 2 entails different things depending on your mileage, so you get A or B. Their logic being the only replace what is necessary given the expected lifespan of various components.
An argument could be made, as it has been for you, that a car with 2a should get 2b if a component fails. I'm skeptical that's how they intended it to go. But they weren't super clear in how things should go so that's where we are.
So if I take my TDI in at 10,000 mi for phase 2 I'm only going to get 2a (NOx sensor is mandatory). Now that the recall is complete I've got 5 years/60k of warranty. Any problems during this time they have to fix but given the expected lifespan of the non-mandatory components they are hoping nothing fails. This is best case scenario for VW... They get out from under the settlement with my car at 70,000 miles.
On the other hand if I take my TDI in at 80,000 mi for Phase 2 I'm going to get 2b (NOx sensor still mandatory). But now I'm beyond (or at the tail end of) the expected lifespan for those non-mandatory components so those also get replaced. I still get the same 5 year/60k extension where if something fails they have to fix it. But by someone's analysis it makes more sense for them to go ahead and replace the components likely to fail during that time. Assuming nothing fails VW is out from under the settlement on my car at 140,000 miles... not the ideal scenario for them but it is what it is.
Or you have a car that does 164k (or 10 1/2 years) with only Phase 1. Then goes in for the recall, of course it gets 2b. Mandatory and non-mandatory components are replaced and the 5-year/60k extension begins. VW is it out from under the settlement on this car until 225k
. This is the ideal situation for the owner but it's also not likely. Statistics suggest that something will fail before 165k.
Then there's a hypothetical... I'm at 100k with only Phase 1... emissions component x fails, car goes to the dealer and they confirm, obviously covered by warranty. If I can get them to just replace that part, and decline the recall, I can keep driving to 164k then get the recall (2b) done. That... would be worst case scenario for VW.
This scenario only exists IF the settlement doesn't require compliance with open recalls as part of any emissions warranty work... which would be quite the oversight, but to an owner's advantage.