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

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pkhoury

That guy with the goats
Joined
Nov 30, 2010
Location
Medina, TX
TDI
2013 JSW, 2 x 2002 Golf, 1995 F450 7.3L
I have both Rosstech VCDS and the Scangauge II. The VCDS is great to have, but would be problematic to monitor regens. You would have to have your computer in the car all the time. The scangauge is aways there, allows me to know when the turbo is cool enough to shutdown and lets me know when a regen is happening. I highly recommend both, especially for mechanics like myself...Mark
I suppose I didn't think about that part, but possibly due to having about a dozen or so laptops. Bought one at a swap meet a year ago that's small enough to keep in the car all the time, in the event I get a CEL and do need to look it up on VCDS.

I'm also spoiled, because my car has the built-in power inverter, which I've used from day one, so I can keep said laptop charged up (for the curious, Fujitsu U-810 - about a pound and a half).
 

pkhoury

That guy with the goats
Joined
Nov 30, 2010
Location
Medina, TX
TDI
2013 JSW, 2 x 2002 Golf, 1995 F450 7.3L
Hold your bingo cards everyone until we can verify we have a winner..

Let's not leave out this part:

"§ 85.2121 Decertification.
(a) The MOD Director may notify an aftermarket part manufacturer that the Agency has made a preliminary determination that one or more parts should be decertified."

"(b) If the aftermarket part manufacturer requests an opportunity to respond to the preliminary determination, the manufacturer and other parties interested in the MOD Director's decision whether to decertify a part may, within 15 days of the date of the request, submit written presentations, including the relevant information and data, to the MOD Director. The MOD Director, in his or her discretion, may provide an opportunity for oral presentations."

Bold for emphasis. I don't think this statue applies. Can't just pick out the parts we like ;)
I don't think that applies either, because that would imply strictly aftermarket, non-OEM parts. The DPF and ECU wouldn't be considered aftermarket, because it came with the vehicle from the factory.
 

GSwag

Veteran Member
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Feb 27, 2015
Location
Georgia
TDI
2013 Passat
I agree, what difference does it make who owns the car? It is the car that is the problem, not the owner...Mark
The car is not the problem. The problem for the owners is devaluation. The other problem is the pollution, which is more between the govt and vw.

Devaluation could only apply to the party that owned the car when the deval event took place. The post owner took advantage of the lower value, while the pre owner was defrauded by it.

Only one of the two parties was defrauded by vw. Fraud is deceit, trickery or breach of confidence used to gain profit or advantage. Which owner, pre or post, do you think was defrauded?

If anyone contents the post scandal buyer was defrauded, then every owner of that car going forward would be entitled to something from vw as well.
 

coolbreeze

Veteran Member
Joined
Apr 18, 2008
Location
Troutman NC
TDI
2015 Golf TDI SE DSG - 2016 Tig SE for the wifey
Not arguing we are defrauded.

The car is not the problem. The problem for the owners is devaluation. The other problem is the pollution, which is more between the govt and vw.
Devaluation could only apply to the party that owned the car when the deval event took place. The post owner took advantage of the lower value, while the pre owner was defrauded by it.
Only one of the two parties was defrauded by vw. Fraud is deceit, trickery or breach of confidence used to gain profit or advantage. Which owner, pre or post, do you think was defrauded?
If anyone contents the post scandal buyer was defrauded, then every owner of that car going forward would be entitled to something from vw as well.
Who said we where defrauded. I'm not. I want to keep my car, but if the EPA mandates it has to be turned in, what do you propose they will come up with a value? Will it be a simple reimbursement of what we paid? Will it be wholesale? What formula do they come up with?
 

TCBinaflash

Veteran Member
Joined
Nov 27, 2011
Location
Chagrin Falls, OH
TDI
2012 Golf TDI
Who said we where defrauded. I'm not. I want to keep my car, but if the EPA mandates it has to be turned in, what do you propose they will come up with a value? Will it be a simple reimbursement of what we paid? Will it be wholesale? What formula do they come up with?
You were defrauded. Wether you care or not is your choice but the simple fact remains fraud was perpetrated.
 

coolbreeze

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Apr 18, 2008
Location
Troutman NC
TDI
2015 Golf TDI SE DSG - 2016 Tig SE for the wifey
You were defrauded. Wether you care or not is your choice but the simple fact remains fraud was perpetrated.
Think my post wasn't clear and should have been written " as a post scandel purchaser, I do not claim to be defruaded".
 

MichaelSNU

Well-known member
Joined
Jul 20, 2012
Location
Berlin, CT
TDI
2012 Passat TDI SEL Premium
In the next two months I will need the 80,000 mile service, new brakes, new tires, and the rear driver's side door handle has fallen off and needs to be replaced.

My question, has anyone taken their TDI off the road in anticipation of a buyback or cash settlement? I have no intention in putting a dime into this vehicle until the scandal has been resolved, one way or another. I am not rich or even affluent, however, I am fortunate enough to be in the financial position where I can take the TDI off the road and buy a replacement vehicle.

Thoughts?
 

tobianogreg

Veteran Member
Joined
Sep 24, 2015
Location
Kamloops BC Canada
TDI
2013 Jetta returned
I thought about taking the vehicle off road as my insurance is coming up and I don't really need it (job circumstances changed). However I suspect that *eventually* Canadians will receive much the same resolution as US TDI owners and I might as well put the miles on it, and enjoy it, while I can (and it's still under warranty).
 

TDILeo

Veteran Member
Joined
Jan 9, 2012
Location
Portland OR
TDI
CW 2011 Golf TDI 6M Repurchased By VW 1/30/17 1985 VW GTI
In the next two months I will need the 80,000 mile service, new brakes, new tires, and the rear driver's side door handle has fallen off and needs to be replaced.
My question, has anyone taken their TDI off the road in anticipation of a buyback or cash settlement? I have no intention in putting a dime into this vehicle until the scandal has been resolved, one way or another. I am not rich or even affluent, however, I am fortunate enough to be in the financial position where I can take the TDI off the road and buy a replacement vehicle.
Thoughts?
Mine is my 2nd vehicle so it is driven seldom and has uber low miles. That being said, I have yet to spend a dime of the goodwill cards, as I may need that in the event of a buyback/tradein/tradeup whatever scenario. I do not know what the ultimate disposition of the vehicle will be. Would like to keep it as is in the event of an emissions waiver (unlikely imo) so I could 'modify' it for RELIABILITY. We'll have a bit more clarity at the end of the week to see what our options are.
 
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romad

Top Post Dawg
Joined
May 27, 2011
Location
Prescott, AZ
TDI
2005 Jetta GLS Wagon "Cranberry"
I suppose I didn't think about that part, but possibly due to having about a dozen or so laptops. Bought one at a swap meet a year ago that's small enough to keep in the car all the time, in the event I get a CEL and do need to look it up on VCDS.

I'm also spoiled, because my car has the built-in power inverter, which I've used from day one, so I can keep said laptop charged up (for the curious, Fujitsu U-810 - about a pound and a half).
Three words: Hex-Net & tablet.
 

bubbagumpshrimp

Veteran Member
Joined
Jul 12, 2013
Location
Virginia
TDI
'13 Jetta TDI
In the next two months I will need the 80,000 mile service, new brakes, new tires, and the rear driver's side door handle has fallen off and needs to be replaced.

My question, has anyone taken their TDI off the road in anticipation of a buyback or cash settlement? I have no intention in putting a dime into this vehicle until the scandal has been resolved, one way or another. I am not rich or even affluent, however, I am fortunate enough to be in the financial position where I can take the TDI off the road and buy a replacement vehicle.

Thoughts?
I'll have to do my 50k service in another month or two. I should have enough left on my dealer card to cover that though.

If money is no object and you don't want it...I'm at a loss as to why you still have it. Get rid of it. Any money you lose out on by selling at a lower amount will be offset by the fact that you're going to have to drop a good chunk of money on maintenance if you keep driving it.

I could...in theory (knowing what my budget looks like)...run out and buy a new truck today, park my TDI, and deal with it when the time comes. However, that wouldn't be the most practical thing to do (running with two vehicle payments). The way my last couple years have gone...I'd get home, peel the window sticker off, and get a phone call that my company has to downsize...and I'm being RIF'd.

Edit: The way I look at this whole thing...best case scenario (being reasonable)...I'll get to walk away from my car without getting r**ed via trade-in. If I was comfortable to just cough up the amount of money that i would need to get out of it...I'd have done so by now, because I would prefer to just get rid of it and move on than sit around waiting on some pipe dream settlement.
 
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autdi

Veteran Member
Joined
Nov 11, 2004
Location
Alabama
TDI
2000 NB, 2003 NB, 2006 Touareg, 2015 Jetta, 2013 Beetle, 2013 Touareg
Quote:
Originally Posted by autdi View Post
Well, found the relevant part of the law should they decertify the engine.

40 CFR 85.2121 - Decertification

(f) Notwithstanding the requirements of paragraph (e) of this section, a part purchased by a vehicle owner as certified, shall be considered certified pursuant to this subpart.

https://www.law.cornell.edu/cfr/text/40/85.2121

So, to those who think that decertifying the engine means the EPA can get them off the road, explain away paragraph (f).


This sounds as if the argument that our cars can be arbitrarily decertified by the EPA or CARB is now off the table...at least until someone parses that section of the law in some other way.
Yes, our cars are secure, since they are composed of (whatever number of) parts that violate the statute.
But the law, after all, talks about "parts," and I'm wondering what happens to the supply of new parts that have been decertified. Might those parts simply be taken out of production since they can't be sold, so once our car needs one of the relevant parts, it simply becomes a nice planter for philodendrons?

Oh, the complexity and nit-pickiness of this is so wonderful....it's early in the day, but I already feel the urge for some popcorn.
You are correct that in all likelihood you could ban the ECU from further production, but since there are plenty in circulation already, and they fail at a far lower rate than the other components, the DPF works, the LNT works as designed, just the combination of LNT, DPF and ECU doesn't meet the overall number. Who's to say the LNT isn't doing exactly what it is capable of, thus no basis to decertify it. If instead it was a box of rocks claiming to be a LNT, they could pull that cert, but it's doing what it claimed to as a part. Just the ECU changes engine behavior to the detriment of the DPF to drop NOx generation to the point the LNT works, enough to pass the test, so the ECU I can see getting decertified.
 

autdi

Veteran Member
Joined
Nov 11, 2004
Location
Alabama
TDI
2000 NB, 2003 NB, 2006 Touareg, 2015 Jetta, 2013 Beetle, 2013 Touareg
I don't think that applies either, because that would imply strictly aftermarket, non-OEM parts. The DPF and ECU wouldn't be considered aftermarket, because it came with the vehicle from the factory.
There are similar sections for original manufacturers as well.

In thinking about this more, there really wasn't a plan to deal with decertifying cars. The expectation is that it happened on the front end, and EPA issues a conditional cert to allow the import of the vehicle, but the manufacturer can't sell on a conditional cert. If they can't get the car to pass, the conditional cert is revoked and the manufacturer has to prove the cars are out of the country or crushed. Since these cars sold on a regular certification, there really doesn't appear to be anything in the law that undoes a certification. Everything dealing with decertification has an out for the customers once they bought the later decertified parts, there are several nearly identical sections in this part of the CFR.
 

autdi

Veteran Member
Joined
Nov 11, 2004
Location
Alabama
TDI
2000 NB, 2003 NB, 2006 Touareg, 2015 Jetta, 2013 Beetle, 2013 Touareg
Pop pop brtpop.

Crunch crunch crunch.......

Needs butter...

Sorry for the useless post, couldn't resist...
You best get that popper set to industrial strength come Thursday.
 

pkhoury

That guy with the goats
Joined
Nov 30, 2010
Location
Medina, TX
TDI
2013 JSW, 2 x 2002 Golf, 1995 F450 7.3L
Three words: Hex-Net & tablet.
Actually, I have the HEX+CAN, and I usually use it with a Lenovo X220 Tablet. Plenty fast, but the Fujitsu was 10 bucks at a swap meet, and it's small enough to keep in the glove compartment or under the seat. And I might as well use it, right? My saying - use it or lose it.
 

pkhoury

That guy with the goats
Joined
Nov 30, 2010
Location
Medina, TX
TDI
2013 JSW, 2 x 2002 Golf, 1995 F450 7.3L
You are correct that in all likelihood you could ban the ECU from further production, but since there are plenty in circulation already, and they fail at a far lower rate than the other components, the DPF works, the LNT works as designed, just the combination of LNT, DPF and ECU doesn't meet the overall number. Who's to say the LNT isn't doing exactly what it is capable of, thus no basis to decertify it. If instead it was a box of rocks claiming to be a LNT, they could pull that cert, but it's doing what it claimed to as a part. Just the ECU changes engine behavior to the detriment of the DPF to drop NOx generation to the point the LNT works, enough to pass the test, so the ECU I can see getting decertified.
Keep in mind there's NOTHING wrong with the ECU; rather, it's the software flashed into it that is the problem. The ECU is designed around a Infineon Tricore CPU, based on the StrongARM, which is designed expressly for automotive applications. It wouldn't surprise me if the actual hardware in the ECU is identical or slightly modified from other ECUs in other Bosch applications.

It's just like a computer - you can have a computer with a bootleg copy of Windows, or one with a genuine license. The former doesn't make the consider itself illegal, just possession of unlicensed software.
 

GSwag

Veteran Member
Joined
Feb 27, 2015
Location
Georgia
TDI
2013 Passat
Who said we where defrauded. I'm not. I want to keep my car, but if the EPA mandates it has to be turned in, what do you propose they will come up with a value? Will it be a simple reimbursement of what we paid? Will it be wholesale? What formula do they come up with?
That won't be the EPA's job and they would not take the valuation factor on, as they have enough to do.

If it were to come to that, it would be a matrix involving mileage, year, model and equipment level, Etc. objective and easy to determine for every car at turn in. Add some % to cover taxes, trouble, etc. to the person owning the car at the date of vw's admission

EPA won't be involved in that part regardless and we don't want them to be. You'd be looking at a 3 - 4 year wait. They are not in the business of giving a F about individual finances.

EPA last week settled with OSU for $275k for hazardous waste violations for NOVs written in 2013. They just approved an extension to the univ of Ga this month for hazardous waste NOVs issued in 2014. Will probably not be settled until next year. The vw case is far more complicated.

If we get anything, it will probably come from the "generosity" of vw. What criteria do you think they will use? I don't think post scandal owners will factor in. If they do, who all is considered? What if a car has had 5 owners since the scandal broke? are they all entitled to a refund, tradein, whatever. No, the person that owned the car at the time of admission is who was harmed.

I deal with the EPA every day and they won't give a squirt of p!ss about the owners. Who knows what vw would use, they have been pretty unpredictable up to this point.
 
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autdi

Veteran Member
Joined
Nov 11, 2004
Location
Alabama
TDI
2000 NB, 2003 NB, 2006 Touareg, 2015 Jetta, 2013 Beetle, 2013 Touareg
Keep in mind there's NOTHING wrong with the ECU; rather, it's the software flashed into it that is the problem. The ECU is designed around a Infineon Tricore CPU, based on the StrongARM, which is designed expressly for automotive applications. It wouldn't surprise me if the actual hardware in the ECU is identical or slightly modified from other ECUs in other Bosch applications.

It's just like a computer - you can have a computer with a bootleg copy of Windows, or one with a genuine license. The former doesn't make the consider itself illegal, just possession of unlicensed software.
Outside of packaging, I'd bet even money on the internals match many, many others. You are correct that the ECU hardware itself just does what it is programmed to do. I suppose the correct way to phrase it, the ECU containing the cheat image could be decertified, so you couldn't sell the ECU containing that image anymore. Could you get another copy of it and load it, yes, but then you would violate another part of the law about altering certified equipment, not going into that land for this discussion, none of my business what someone does to their car, that's between the EPA and them.
 

MrSprdSheet

Veteran Member
Joined
Sep 6, 2005
Location
East Coast
TDI
'09 JSW TDI
Dunno if anyone posted this yet, but it's an interesting perspective. Maybe a bit more harsh than necessary, but the guy makes some good points.
Rabbits: Had a '75 (round headlight) and a Champaign '78. I can't write like this guy, but feel much the same. Well done, good sense of humor.

http://www.thetruthaboutcars.com/2016/03/no-fixed-abode-time-volkswagen-say-goodbye/

I was hoping we'd get some NADA scoop, from their German meetings this weekend. Nothing leaked, yet. Wonder if they got the (written) commitment to a future, that they were looking for?
 

cut'em

Member
Joined
Oct 31, 2010
Location
northeast
TDI
2011 sportwagon
The buyback offer will be tomorrow.. I just spent 8 hours in my garage busting my knuckles changing out the timing belt in my 2011 JSW.. I'm sure there will be a flatbed sitting in my driveway when I get up tomorrow with Ed Mcmahon handing over the BIG check..
 

haunruh

Veteran Member
Joined
May 6, 2012
Location
White Rock BC Canada
TDI
2011 GOLF TDI/DSG Wagon
The buyback offer will be tomorrow.. I just spent 8 hours in my garage busting my knuckles changing out the timing belt in my 2011 JSW.. I'm sure there will be a flatbed sitting in my driveway when I get up tomorrow with Ed Mcmahon handing over the BIG check..

Love your humor!! Brightened my day!! Gave some levity to this (... you fill in the adjective) thread. :p
 

Sharkey

Well-known member
Joined
Jul 9, 2014
Location
Huntington Beach, CA
TDI
2005 Golf TDI, 2001 Jetta TDI
The buyback offer will be tomorrow.. I just spent 8 hours in my garage busting my knuckles changing out the timing belt in my 2011 JSW.. I'm sure there will be a flatbed sitting in my driveway when I get up tomorrow with Ed Mcmahon handing over the BIG check..
It sounds like we must get our luck from the same fountain...
 

UberVW_TDI

Veteran Member
Joined
Sep 3, 2009
Location
Austin, TX
TDI
2010 Golf Variant TDI
The buyback offer will be tomorrow.. I just spent 8 hours in my garage busting my knuckles changing out the timing belt in my 2011 JSW.. I'm sure there will be a flatbed sitting in my driveway when I get up tomorrow with Ed Mcmahon handing over the BIG check..

Haha....I'm right there with you!

I just finished installing a new Valeo SMF Conversion clutch ($610) after my Slave Cylinder/Release Bearing failed.
 

2015vwgolfdiesel

Top Post Dawg
Joined
Jan 1, 2016
Location
Oklahoma
TDI
2015 VW Golf S DSG Silver
It won't be approached in that fashion. Whoever owned the car at the time of vw's admission should get to claim whatever compensation vw offers, as that person was the party defrauded.

They won't take time to settle each case individually based on how much was paid exactly. Averages and scales of some sort will be used.
Mileage scales?

Fine by me :)
 
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