A federal judge issued an order compelling Volkswagen to have a “fix” for the TDI 2.0 Liter diesel engine by March 24. The judge further ordered Volkswagen to submit its plan to the Justice Department by that date. The court stated that time is running out and six months is long enough.

When Volkswagen admitted in September, 2015, that it had installed a defeat device into its emissions software system, the world reacted with stunned shock. This news affected some 500,000 automobiles in the United States and 11,000,000 automobiles world wide. U.S. Studies revealed that the diesel engine emitted up to 40 times its advertised NOx (nitrous oxide) emissions.

Volkswagen submitted a plan to California Air Resource Board in January, 2016. CARB rejected the plan on several levels. As of today, Volkswagen has not submitted any workable solution to repair the 50,000 California cars, let alone the 500,000 U.S. cars.

Of course, the real question is not whether Volkswagen can meet the March 24 deadline. The real question is whether Volkswagen can ever meet any deadline to repair these cars. And if they do, will the repair be cost effective. It is doubtful.

Volkswagen may have to admit that it is indeed going to be forced to repurchase many of the TDI 2.0 Liter Diesel cars. Based on its egregious conduct, shouldn’t the U.S. courts order immediate buybacks, not “fixes.”

Ellen Turnage
Hyde & Swigart