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From Products Liability Law Daily, July 15, 2016

California rejects Volkswagen/Audi and Porsche’s emissions defeat device recall plans

By Pamela C. Maloney, J.D.

The California Air Resources Board rejected proposed recall plans submitted by Volkswagen/Audi and Porsche for repair of undisclosed Auxiliary Emission Control Devices (AECDs) and defeat devices in 3.0 liter, diesel passenger cars manufactured for model years 2009-2016. The CARB staff had determined that the proposed recall plans were incomplete and deficient in a number of areas. This decision affects about 16,000 3.0 liter diesel Volkswagens, Audis and Porsches sold in California (CARB News Release, July 13, 2016).

CARB issued deficiencies letters to each of the companies outlining the deficiencies. In the case of the VW/Audi recall plan, CARB determined that among the deficiencies in the plan, the following deficiencies were the most serious:

  • Failure to disclose and provide full descriptions of all defeat devices and AECDs;
  • Failure to describe the nonconformities in sufficient detail so that CARB could determine whether the fixes were feasible and would remedy each of the nonconformities, or would not cause adverse impacts on emissions durability;
  • Failure to describe the fixes so that CARB could determine whether they would be successful, were technically feasible, or would not cause adverse impacts on emissions durability;
  • Failure to provide required data demonstrating that the affected vehicles would be restored to the claimed certified configuration, including emissions durability during the useful safe life of the vehicles; and
  • Failure to address what, if any, impact the fixes would have on the engines or on the vehicle’s overall drivability.

Finally, CARB determined that the recall plan could not be completed expeditiously because some of the required data would not be available immediately.

CARB found similar major deficiencies in the plan proposed by Porsche.

CARB, in conjunction with EPA, will continue the on-going technical discussions with the companies through the enforcement process to ensure a legally and technically acceptable resolution is reached which fully mitigates the excess emissions.

MainStory: TopStory MotorVehiclesNews

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