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Diesel scandal: DUH sues Federal Motor Transport Authority

Sometimes it's about small cars, sometimes it's about huge trucks. But it is always about combustion engines and techniques to disguise their harmful emissions. The investigations into Dieselgate continue - with the Deutsche Umwelthilfe now adding another piece to the puzzle.

This is not the first time that Deutsche Umwelthilfe (DUH) has been explicitly critical of non-transparent car companies and careless monitoring authorities. Little by little, since the outbreak of the diesel scandal in 2015, more and more details have come to light about which vehicles and which engine types were - or still are - affected. From passenger cars, to buses and trucks, to motor homes. Too many of the combustion engine models that came to the attention of the public - but primarily of the environmental association - because of the emissions scandal. For it is often the DUH that carries out emissions studies, launches investigations and promotes recalls.  

Now the environmental organisation has once again decided to take legal action against the Federal Motor Transport Authority (KBA). As the competent market surveillance authority responsible for control in the industry after a new EU regulation comes into force in September 2020, the KBA had neglected its duties. Both towards consumers and - in view of the strong impact on climate protection - towards the environment. The association accuses the authority of "not having taken action against inadmissible defeat devices and massively increased nitrogen oxide emissions in vehicles of the Stellantis car group", the report said.  

Specifically, this concerns two Fiat Ducato-based motorhome models. According to the DUH, the environmental aid organisation itself had examined the two vehicles and found "extremely high nitrogen oxide emissions". A finding which, according to DUH, was then forwarded to the Federal Motor Transport Authority.  This confirmed the analysis of the environmental authority and announced further checks. However, these controls never took place - which led to the current complaint of inactivity. 

However, the federal authority continues to deny its direct involvement in a possible active neglect of controls of defeat devices. As the agency responsible for monitoring the car market, it investigates "vehicles from different manufacturers on an ongoing basis". Although the KBA was aware of irregularities in the two combustion engine motorhomes, it was not its duty to take further measures according to the guidelines in force at the time. On the other hand, it would have been the duty of the local authorities - i.e. the type-approval authorities in Italy - to take action against Fiat after receiving the results of the investigation.  

A series of ambiguities and misunderstandings, intentional or not, which once again call on the European Union to step up homogenisation efforts not only in the application of new EU rules, but equally in the monitoring and review phase. Also in view of the new Euro7 emission standard and many other transport measures, it is important to be able to guarantee that the new emission limits are respected. Otherwise, there is a risk of a new scandal even before the truth about Dieselgate is revealed once and for all.