The electric revolution has already arrived at Volkswagen, with the carmaker releasing new electric vehicles. The carmaker may not admit it, but the so-called Dieselgate scandal prompted this revolution. However, there could be another scandal in the making after the top European lawyer said Volkswagen used software to alter emissions illegally, according to a report by Automotive News.
Software Enables Higher Nitrogen Oxide Emissions
Athanasios Rantos, the European advocate general, recently said in a legal opinion for the Court of Justice of the European Union (CJEU) that the software to alter pollutant emissions is illegal because it does not protect the engine from sudden damage as the carmaker claimed. Rantos’s findings called the software a "defeat device," as it could distort certain parameters to show lower levels of pollutants, especially nitrogen oxides (NOx).
As Automotive News reports, this software could control a valve that could recirculate exhaust gases from the engine outlet, thereby reducing emissions of harmful NOx. Findings by the advocate general show the software only works in a certain temperature window of between 15 and 33 degrees Celsius (59 and 91 degrees Fahrenheit) and when the vehicle is below 1,000 meters (3,280.8 feet).
When the temperature drops below 15 C (59 F) or when the vehicle is above 1,000 meters, the software shuts off the valve, which results in an increase in NOx emissions.
Top Lawyer Rejects Engine Protection Explanation
Volkswagen, however, said that the temperature window protects the engine from possible sudden damage, thus it was permissible, Automotive News reports. But Rantos said, in his legal opinion, that such software could only be justified if a malfunctioned valve had a sudden impact on the engine, such as a power failure during a drive. Rantos further noted that the temperature window underlined by Volkswagen does not represent real driving conditions in Austria and Germany, where the average temperature is lower than 15 C. He noted also that drivers in these countries usually use their vehicles above 1,000 meters.
Advocate General Says Software Is A 'Defeat Device'
The EU advocate general concluded that software reduces the effectiveness of the emission control system and constitutes a "defeat device," Automotive News reports. While the legal opinion of the advocate general does not mean Volkswagen is officially under probe by the CJEU and is not binding, CJEU judges usually follow it.
Source: Automotive News Europe