Volkswagen May Only Be The Frontrunner Of A Cheating Industry
Michael Babboni
Recalls
Over six months ago, the EPA and CARB, California’s state air pollution monitor, revealed that Volkswagen had been cheating on its diesel emissions tests. It wasn’t just fudging around the edges by optimizing its emissions for test conditions, either – the company had installed what they called a “defeat device” into all of their diesel engines. This device switches certain systems on or off when it detects that the car is being tested, and outside those conditions the diesel engines can produce up to 40 times the legal limit of nitrogen oxides, the gas that causes acid rain.Unfortunately, it’s very often true that when one person or company cheats to get ahead and gets away with it, the competition will follow suit in order to keep up. VW’s example has cast doubt upon the entire industry, and at this point a number of non-government environmental groups have performed “real world” emissions tests which show that virtually every diesel personal car exceeds the legal limits outside of the test lab, and even many gasoline engines produce too much carbon dioxide.
Building Engines To Order
The principle of natural selection says that the animals who succeed in the world aren’t necessarily the smartest or the strongest, but simply those who are best able to fill their role in the food web.
Similarly, the problem with emissions tests is that car manufacturers don’t build engines which pollute as little as possible, they build engines which meet emissions standards while under test conditions. They might create several times as much pollution on the open road, but that doesn’t matter so long as they pass the test. At one point government agencies considered this acceptable since a car that passes an emissions test would still pollute less than a car that doesn’t pass, but as automakers use more sophisticated manipulations the gap between test results and real-world results seem to be growing.
Even beyond bald-faced cheating, car companies are lobbying both American and European governments to lower the standards of emissions tests. The EPA has been slow to bend, but in Europe manufacturers are allowed to make a variety of changes which would never happen in real life, such as taping up the cracks around a car’s headlights to make it that much more aerodynamic. In addition, under EU rules manufacturers can test their own cars emissions without any third party present.
The Legal Implications
The most common defense of a cheater is, “Everybody does it,” as if the fact that cheating is common means it’s acceptable. However, this argument holds no water morally or legally. If everybody cheats, then everybody must pay the price.
As far as legal action goes, it’s unlikely that the EPA and other government agencies will do anything against engines or manufacturers who are simply optimizing for test conditions. They may adjust their tests to better reflect real-world conditions moving forward, but this sort of optimization isn’t illegal. However, Volkswagen’s defeat device goes far beyond clever engineering, and they may not have been alone: in particular, other European automakers seem to be manufacturing diesel engines that exceed standards by too much to be innocent, and France has already raided Renault’s headquarters in relation to this scandal.
VW or any other company who cheats on emissions tests has defrauded both national governments and their own customers. Even if high emissions don’t cause direct harm to the car owner, the company has falsely advertised that the vehicle meets emissions standards. In addition (as VW diesel owners are even now discovering), the resale value of known polluters drops like a stone.
As a result of the defeat device admission, VW is facing lawsuits from all corners of America. Not only is the EPA considering how much to fine the company, the Federal Trade Commission has recently filed its own lawsuit specifically relating to Volkswagen’s “clean diesel” ad campaign. Individual and class-action lawsuits are also popping up in every state as private citizens demand compensation for loss of property value and false advertising.
If you live in or around St. Petersburg, Florida, and you own a Volkswagen diesel, you should contact the St. Pete Lawyer. I’ve been in the personal injury business for more than 27 years, and I offer free case reviews where we can find out how strong your case is and how much you may be able to get through legal action. And if the Dieselgate scandal expands beyond Volkswagen, my firm will be ready and waiting.