MediaTech Law

Introduction

After a university study uncovered code designed to cheat emissions testing standards, Volkswagen Inc. (VW) has been on the defensive, admitting wrongdoing and bracing for the onslaught of regulatory fines, class actions suits, and major repairs and recalls.

The code at the heart of the controversy places the car in one of two operating modes. When the car appears to be driving under conditions simulating an emissions test, the “cheat code” is enabled, delivering proficient emissions results and better gas mileage. When driving conditions denote real-world driving, cheat mode is disabled, delivering increased power and torque, but decreasing gas mileage and outputting a level of emissions 40 times greater than the legal limit as regulated by the Environmental Protection Agency (EPA).

Discovering the Cheat Code

Researchers at West Virginia University uncovered the higher emissions during a study funded by the International Council on Clean Transportation, a nonprofit with offices in the U.S. and Europe, to test the emissions of diesel vehicles while driving. Traditionally, emissions testing occurred in a stationary location by placing the front-wheels of a car on a rolling treadmill while the rear wheels remained static. Emissions that escaped through the tail pipe were then collected and measured. The WVU researchers took the tests to the open road by creating a mobile testing rig. Sensors attached to the tailpipe captured the emissions and fed the data to testing equipment stored in the trunk and backseat of the cars. The test results captured the greater emissions and lower fuel efficiency since the cheat code was disabled on open road conditions. Upon discovering the discrepancies and conducting multiple follow up tests, WVU contacted the EPA and the California Air Resources Board, who conducted their own tests and issued a citation to VW.