Volkswagen's Clean Air Act violations on 2009+ TDIs spark huge recall, investigations

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SageBrush

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The manufacturers submit a declaration of conformance. Just like CE testing, someone signed off and said the cars met the requirement. Eventually we will find out who signed it.

The EPA only randomly spot tests, odds are 1 in 6 that a vehicle will be tested after the confirm they conform.
Right; but even if the car had been tested EPA would have missed the cheat. After all, it took VW admission of the cheat to come to light. The months that the EPA was suspicious and was rejecting the BS 'technical explanations' of VW were months that the EPA could not discover the cheat themselves. The EPA may have had a good idea, but they needed proof.

This is not so surprising. The AECDs are closed, proprietary machine code. Reverse engineering it would be difficult, if even allowed under DMCA. That is the other piece of the this story for the future, by the way: Code review in the programming language used should be available to the regulatory authorities.
 

rustycat

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Dec 27, 2012
Location
seattle
TDI
2015 passat sel
We are going to put our 2012 Jetta with 39k in the garage until there is a resolution. We will not drive this car in this condition. VW is exacerbating the problem every day they allow these cars on the road polluting at this level. I am going to lease a Prius and submit the bill to VW once they offer their remedy.

I feel so much better after looking at your original post and seeing you are from SF. I thought for sure you have to hail from Seattle with that level of reaction.
 

1854sailor

Resident Curmudgeon
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Location
Westerly, RI
TDI
2015 Golf SE SportWagen, 2015 Golf SE Hatch Back.
...Oh, by the way, if you get a Hybrid Prius, you're still polluter, so can your conscience live with that?
Even if he gets an all electric Prius he's still a polluter…

bhtooefr said:
Building a Prius (or any car) to replace the one that you're leasing on the dealer's lot will emit far, far more than a TDI will until it's fixed.
…and, unless he gets ALL of his electricity from solar, wind, or hydro, he's still polluting. :D
 

SageBrush

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Oh, by the way, if you get a Hybrid Prius, you're still polluter, so can your conscience live with that?
Since he was happy when he thought he was driving a T2B5 vehicle and the Prius is much cleaner than that, the answer seems obvious.

For reference, Prius NOx is ~ 10 mg/mile. All the non-hybrid SULEV cars are no more than 20 mg/mile.
 

Tom S. in Tn.

Active member
Joined
Sep 20, 2007
Location
Nashville, Tn.
TDI
04' Jetta
i'm meeting with my dealer tomorrow to see if they will swap my lease on my 2014 Passat TDI for something less polluting. I just don't want to get hit with any penalties. Maybe I should wait for the recall first?

Anyone else try and swap their lease??



Be cautious, very cautious that they don't take your vehicle, that you've probably paid most of what they had floor planned in it from the manufacturer, and wind up with an even more expensive polluter or some other kind of possible safety violater ....... and give even more $$,000.00 to close the deal.

Take it from someone who's been down that road managing a dozen more cars at a time. * Take it to the dealer lot, throw the keys at it and walk to your nearest Asian dealership and tell them you need a car. *
 

Tom S. in Tn.

Active member
Joined
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Location
Nashville, Tn.
TDI
04' Jetta
We are going to put our 2012 Jetta with 39k in the garage until there is a resolution. We will not drive this car in this condition. VW is exacerbating the problem every day they allow these cars on the road polluting at this level. I am going to lease a Prius and submit the bill to VW once they offer their remedy.

and I concur precisely. Tom S. in Tn.
 

TDIpilot4u

Veteran Member
Joined
Dec 18, 2010
Location
St. Louis, Missouri
TDI
2010 Jetta TDI
I have to start laughing right now. A lot of forum members are hoping that VW somehow comes to their rescue. Not happening. This is gonna be a save your corporate a** manoever. No miracles will be performed tonight or ever. VW is on the ropes and we don't matter much. We will be lucky to have running cars when this is through, like 70's cars with carburetors. I am considering a class action as this kind of fakery is not supposed to happen. Don't bother calling VW. Their reps are schooled on playing dumb. VW let us down big time, some consternation is appropriate. Please don't tell others to be cool. It's just the wrong response when you're in mortal combat. We are now in the battle zone.
Think we have found the driver of the panic bus. :eek:
 

GR8GIFT

Active member
Joined
Apr 27, 2011
Location
Midwest
TDI
2011 Jetta TDI DSG LE
It's far too early to know what is going to happen, and it will likely be months before there is any decision. In the meantime ... the best thing to do is NOTHING. Business as usual. Keep on driving as normal. Don't panic and sell at a time when the market value is low (now).

IF it ends up in a situation where VW has to buy the cars back, deal with it THEN. Previous history from other manufacturers has been that if there is a buy-back, the price offered will be more than fair, certainly more than what you could realistically sell the car for on the open market even in the absence of this turmoil. This means you are better off hanging onto the car rather than selling it now.



As for thinking that VW is going to pay you for buying a different vehicle in the meantime because you have some sort of moral or mental thing that is stopping you from driving the TDI in the meantime ... That is YOUR problem, not theirs. The problem is between VW and the EPA/CARB.
I plan on continuing to drive my TDI I have no reservations about continuing to drive it at all. At this point I will continue to do so I love the cars mileage and performance. I would purchase another TDI or what ever VW comes up with if it has comparable performance. Just have some concerns about what might happen in the future once this is all resolved if it ever is. I don't see any reason for your rant about my post, however that's your option.
 

Tom S. in Tn.

Active member
Joined
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Location
Nashville, Tn.
TDI
04' Jetta
Get a life! :p
Sounds like they have a real one and have to live within real world constraints like the rest of the world, and is smart enough to put a halt to the financial abyss that sits in their garage.
My only recommendation would be to move it outside to the street to make room for the car. Tom S. in Tn.
 

vivithemage

Well-known member
Joined
Aug 6, 2007
Location
Minnesota
TDI
2010 Golf TDI, 4dr 6M
It's far too early to know what is going to happen, and it will likely be months before there is any decision. In the meantime ... the best thing to do is NOTHING. Business as usual. Keep on driving as normal. Don't panic and sell at a time when the market value is low (now).
IF it ends up in a situation where VW has to buy the cars back, deal with it THEN. Previous history from other manufacturers has been that if there is a buy-back, the price offered will be more than fair, certainly more than what you could realistically sell the car for on the open market even in the absence of this turmoil. This means you are better off hanging onto the car rather than selling it now.
Toyota has been buying back rusty-frame Tacomas based on used-car market values for a premium above a good-condition model, even if yours is a rustbucket that you neglected because you knew the frame was on the way out.
As for thinking that VW is going to pay you for buying a different vehicle in the meantime because you have some sort of moral or mental thing that is stopping you from driving the TDI in the meantime ... That is YOUR problem, not theirs. The problem is between VW and the EPA/CARB. Let THEM deal with it. You can submit them a bill for a different vehicle, but it ain't gonna get paid. They either owe you a repaired car or they owe you its fair market value if they have to buy it back ... and not one penny more. If you do something rash in the meantime, that is YOUR problem, not theirs.
That is interesting, I think they would be better off buying back then paying the fine, assuming they have to pay full value for the fine.

When a company has to buy back, what do they do with the old cars?
 

Speedster

Veteran Member
Joined
Nov 24, 2001
Location
Wichita, KS
TDI
2000 NB TDI 5M, 2002 Jetta TDI 5M & 2012 Jetta TDI 6M
Class Action Reality

I am a retired corporate attorney and owner of two VWs with TDI engines, which I really like. I am not at all offended by what the EPA has alleged, and the real facts will eventually emerge.

I do know a lot about class action lawsuits. Law firms which specialize in this type of legal action only need one person who owns one of the affected VWs and will list him/her as the plaintiff, and allege that the potential group of plaintiffs is so large that the suit should be elevated to class action for the sake of judicial efficiency. At this time, it is my understanding that several legal actions have already been commenced, and each will first attempt to knock the others out of the game.

At some point, the winning law firm will obtain a list of all VW owners with affected engines, and will mail them notice of the class action case and that they have the option to opt out. Not opting out means that you will be automatically included as a plaintiff and will supposedly get your share of the award, if any. The law firm will of course get the lion's share of any settlement. These cases never go to trial, being settled along the way. After a settlement is reached, the law firm will give the judge a list of all of its expenses to date, which will come out of the settlement. The amount will be very large, as these firms routinely will charge about $1000 per billable hour for these cases. Also, they do not give a rip about you, but are only in it for the $$$$$.

Thinking about the critical matter of proof of damages, no one on this earth can prove any real damages due to this VW code. We have cars that get higher mpg than the EPA estimate, so we spend less on fuel. No damage here. You also have no legal standing to sue on behalf of the environment or the EPA. It is still raging whether the EPA uses real science or junk science fueled by a political agenda. Using real scientific methods, no one to date has adduced any proof of environmental damage caused by diesel powered cars. So, no damage here either.

What is the almost certain outcome in this case is that VW will negotiate some amount of EPA fines, and will pay a class action settlement, which will not be large enough to pay the expenses of the action. We will all most surely receive some sort of notice from VW to take our cars to the dealer where the computer chip will be reflashed with code that will make your car lower powered, less efficient, and allegedly cleaner running. VW cannot force you to do this to your car, so it will be a voluntary action. The EPA may also mail you a threatening letter that you need to have your car computer reflashed, which you may also refuse to comply with. Most states, like mine, exempt all diesel powered cars from emissions testing.

May the torque continue to be with you,

Speedster
 

pfennig

Active member
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Oct 11, 2014
Location
Austin TX
TDI
2014 Jetta SportWagen TDI w/ Sunroof
Owner options:
1) Wait and take the detune and hope the offered compensation is worth it
2) Wait and try to avoid the detune
3) Join a class action suit
4) File an individual suit
5) Sell / trade in on the normal market

If you join a class action, you give up your right to file individually. IMHO class actions are likely to get you very little -- they're primarily money making tools for the lawyers.

If one is not interested in joining a class action, and was not planning on keeping the car in extra-polluting state, is there any disadvantage to filing an individual suit now seeking buyback? Other than lawyer fees, which hopefully would be billed to VWOA?

I suppose if an individual suit results in "buyback for KBB" and then VW offers the public remedy of "buyback for original purchase price" then the individual suit would be worse, but that's highly unlikely.
I'm mainly asking if VW will be able to ignore an individual suit given the overall scenario, or if they could get it dismissed because there are class actions for the same, or something.
 
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k^2

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Mar 18, 2013
Location
MI
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2010 Jetta Sportwagen DSG - Sold back to VW. Replaced with Sportwagen 2.5 GAS
We are going to put our 2012 Jetta with 39k in the garage until there is a resolution. We will not drive this car in this condition. VW is exacerbating the problem every day they allow these cars on the road polluting at this level. I am going to lease a Prius and submit the bill to VW once they offer their remedy.
You are unreasonable. The car's NOx emissions are just as much as any 2006 and earlier TDI. Every other emission is lower. Yeah the guys who drive Suburban spew 3 times as much greenhouse gasses but that is OK.
 

SageBrush

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Location
CO
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None
Your post was well reasoned until
It is still raging whether the EPA uses real science or junk science fueled by a political agenda. Using real scientific methods, no one to date has adduced any proof of environmental damage caused by diesel powered cars. So, no damage here either.
Speedster
this part which you clearly know nothing about.
 
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jerrypoller

Member
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Mar 7, 2012
Location
Long Island
TDI
Jetta Premium w/ Nav
That's interesting. I had my 40k service done about the same time and they told me there was an update. Since that service. The cooling fan always runs for a few minutes after I shut it off. I was going to take it back but now I'm a little nervous about going in after this all started.
Yeah, the cooling fan running more often was mentioned by my Service Tech as the way VW was going to burn off the excess pollutants. I know soot is one of the pollutants the regeneration cycle is supposed to burn off, but I never heard it was designed to burn off excess NO2. I guess there will be much more to come and I may have to question my Service Tech more closely in the future.
 

IronJoe

Member
Joined
Nov 4, 2013
Location
Tacoma, WA
TDI
2010 Jetta TDI Cup Edition
Owner options:
1) Wait and take the detune and hope the offered compensation is worth it
2) Wait and try to avoid the detune
3) Join a class action suit
4) File an individual suit
5) Sell / trade in on the normal market

For #5, are there any restrictions placed on selling these cars as-is? I have heard that in some states like California, it is illegal to sell a vehicle that does not pass emissions.
 

YukonLT

Veteran Member - TDIClub Enthusiast
Joined
Nov 28, 2012
Location
N/A
TDI
2010 Golf TDI 6MT
We are going to put our 2012 Jetta with 39k in the garage until there is a resolution. We will not drive this car in this condition. VW is exacerbating the problem every day they allow these cars on the road polluting at this level. I am going to lease a Prius and submit the bill to VW once they offer their remedy.
That's hilarious lol
 

F1Diesel

Member
Joined
Oct 21, 2004
Location
D/FW
Our x5 had high Nox readings from the start in 2011. It used way too much urea as well. BMW had a recall to replace the SCR cat and reprogram. The SCR cat doubled in physical size and the urea use dropped as well. Before the recall, the urea was depleted in 7000 miles. Post recall it was 10500-11000 miles.

If the VW has a small SCR or no SCR, I would expect a larger one or a new one being fitted
 

Speedster

Veteran Member
Joined
Nov 24, 2001
Location
Wichita, KS
TDI
2000 NB TDI 5M, 2002 Jetta TDI 5M & 2012 Jetta TDI 6M
Owner options:
1) Wait and take the detune and hope the offered compensation is worth it
2) Wait and try to avoid the detune
3) Join a class action suit
4) File an individual suit
5) Sell / trade in on the normal market
If you join a class action, you give up your right to file individually. IMHO class actions are likely to get you very little -- they're primarily money making tools for the lawyers.
If one is not interested in joining a class action, and was not planning on keeping the car in extra-polluting state, is there any disadvantage to filing an individual suit now seeking buyback? Other than lawyer fees, which hopefully would be billed to VWOA?
I suppose if an individual suit results in "buyback for KBB" and then VW offers the public remedy of "buyback for original purchase price" then the individual suit would be worse, but that's highly unlikely.
I'm mainly asking if VW will be able to ignore an individual suit given the overall scenario, or if they could get it dismissed because there are class actions for the same, or something.
Anyone who opts out of the class action suit is entitled to commence a separate legal action. With only one plaintiff, an attorney will want the plaintiff to pay a hefty retainer to get the suit filed and will demand ongoing expenses be paid. Since any individual car owner can only demand the value of the car, it will not be worth filing an individual action. This is another rationale for the class action.
Anyone who takes any unilateral action to alter or dispose of their VW TDI, and then claims real and consequential damages is foolhardy. The law requires that an injured party mitigate (lessen) damages, not increase them. Keep your TDI, drive it and enjoy the ride. They are still highly efficient and low polluting.

This whole thing is a tornado in a teapot and will blow over, with the EPA attempting to make an example out of VW.

Speedster
 
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DeliveryValve

Veteran Member
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Mar 27, 2007
Location
Western US
TDI
Passat GLS Wagon

oilhammer

Certified Volkswagen Nut & Vendor
Joined
Dec 11, 2001
Location
outside St Louis, MO
TDI
There are just too many to list....
I've had four CR TDIs through the shop already today.... I think I may have to go home sick with NOx poisoning. This never happened until this week.

I'm going to sue! ;):p:D
 
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