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It seems like the Dieselgate scandal has never stopped hounding German carmaker Volkswagen. Years after the diesel emissions scandal first broke, the consequences are still hounding the company. This time around, the culprit is their use of thermal windows.
According to VW, thermal windows are not illegal, and using them is not prohibited by the law. However, they may have to face compensation charges that will be brought against them for selling the affected cars to unknowing consumers.
The EU court issued a statement in relation to the issue, saying that any software that is installed in vehicles and programmed to minimize the emission control system’s efficiency and effectiveness during normal temperatures is considered a defeat device.
In 2020, the court came out with a ruling that installing defeat devices in vehicles cannot be justified. A defeat device bypasses pollution tests for diesel engines, so their emissions levels fall within the WHO-regulated range.
Vehicle manufacturers are not in favor of the ruling because it generalizes software. For example, thermal windows are used popularly in the industry and help reduce lower pollution controls when the temperature is low. Volkswagen and other carmakers continue to insist that the software is legal when it is used the way it is used in their diesel vehicles.
The court argued that because the device in question turns off the cleaning mechanism when it reaches temperatures lower than 15°C, it does not work for most of the year, so it is illegal. As such, even if the vehicle is retrofitted, it is not the vehicle that consumers were marketed and promised in exchange for their hard-earned money.
A consumer campaign group also joined in the conversation and assured affected car owners that they will be able to get compensation.
Diesel emissions scandal
The diesel emissions scandal, better known as the Dieselgate scandal, happened in 2015 when Volkswagen was caught using defeat devices in their diesel vehicles sold in the US market. A defeat device is illegal because it automatically suppresses a vehicle’s emission levels when the latter is being tested. This way, the volume of toxic gases the car/van emits stays within the regulated limits of the World Health Organization.
However, when the vehicle is taken out of the lab and driven in real-life world driving conditions, it releases nitrogen oxides at dangerously high levels – levels that are in excess of the EU and WHO limits. Therefore, the vehicle is a heavy pollutant.
Approximately one year after the VW Dieselgate scandal broke, another German carmaker, Mercedes-Benz, was implicated in the scandal by American car owners who claimed that they used defeat devices in several Mercedes models.
Other car brands and manufacturers are involved in the diesel emissions scandal, including Renault, BMW, Peugeot, Alfa Romeo, Nissan, Ford, Citroën, Skoda, and Audi.
The Dieselgate scam also traveled to Europe and the UK and eventually spread throughout the world.
Why are defeat devices illegal?
Aside from falsifying emissions and car manufacturers deceiving and lying to their customers, defeat devices are illegal because they emit excessive levels of nitrogen oxide or NOx.
NOx is a group of gases that form through fossil fuel combustion. Two of its most dominant gases are nitric oxide (NO) and nitrogen dioxide (NO2). NO is odorless and colorless, while NOs have a pungent smell and is red-brown in color.
Nitrogen oxide is dangerous in many ways – to the environment, vegetation, and to human health. It reduces crop yield or growth and damages foliage. It also pollutes the environment when it reacts to certain compounds and produces acid rain, smog, and ground-level ozone.
In terms of human health, NOx effects can vary from regular to serious or fatal. Short-term exposure to low levels of nitrogen oxide can cause:
your airways to become inflamed,
aggravation of symptoms for those already with asthma and other respiratory diseases,
asthma, diarrhea, headaches, bronchitis, difficulty in breathing, and emphysema.
Constant exposure to high levels of NOx can lead to an increase in risk for cardiovascular diseases and certain cancers, laryngospasm, a chronically-reduced function of the lungs, asphyxiation, and premature death.
Exposure and inhalation of NOx gases can be rapidly fatal, which was what happened to nine-year-old Ella Kissi-Debrah, a UK resident who lived near the highly polluted South Circular Road. After several months of hospital and emergency room visits, Ella succumbed to a severe asthma attack that was primarily caused by air pollution. Hers was the first case of its kind in the UK.
Bring your car manufacturer to court
Ella’s death, the continuous destruction of vegetation, and major health impacts are just three of the reasons why you should file an emissions claim against your carmaker. You can claim compensation in the thousands – the specific amount depends on the circumstances of your case. It can be a challenging and tedious process but getting the compensation you deserve for the lies that your manufacturer told you is worth all the hard work.
How do I file my diesel claim? All you have to do is find a panel of emissions solicitors willing to work with you. They should be professionally trained, highly experienced in emissions cases, have several wins, and are committed to helping you. Visit the ClaimExperts.co.uk website and see if you are eligible to claim. They’re guaranteed to increase your chances of winning your claim.
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