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(Photo:Eduard Kiiko/Unsplash) European Union legal advisors have determined software that’s currently present in Volkswagen and Porsche vehicles once again constitutes a “defeat device” that cheats emission tests. The software, which is said to lower the pollutants leaving a car’s exhaust pipe at certain temperatures and altitudes, allegedly exists to protect engines—but in reality, it’s tricking emissions checks into thinking the vehicle is coughing out as little as one-fifteenth the amount of nitrogen oxide (NOx) it really is.

When asked about the legitimacy and environmental risks associated with the software, the European Court of Justice stated VW’s software could detect when a vehicle was being subjected to testing, then distort the vehicle’s temperature reading to alter its NOx emissions. The software is designed to reduce the level of pollutants exhausted when driving in temperatures below 59 degrees Fahrenheit or over 91 degrees, or when driving at an altitude of 3,280 feet or more, which VW claims is intended to extend the life of the vehicle’s engine. But given the cold and mountainous topography in Germany and Austria, these parameters aren’t realistic, leading the courts to dismiss VW’s excuse and deem the software illegal.

The software, according to the European Court of Justice’s Advocate General Athanasios Rantos, “reduces the effectiveness of the emission control system in normal vehicle operation and use, with the result that it constitutes a ‘defeat device.’”

Porsche, owned by Volkswagen Group, is also subject to the European Court of Justice’s ruling. (Photo: Padraig Treanor/Unsplash)

Sound like a familiar story? That’s because as regular ExtremeTech readers know, VW was found guilty of doing almost the exact same thing back in 2015. In that case, the United States Environmental Protection Agency found the manufacturer responsible for installing similar cheating mechanisms, even as VW diesel-powered vehicles emitted 38 times the amount of NOx per kilometer permitted. “Dieselgate,” as the scandal was called, has cost VW $36 billion over the last several years as it’s had to fix and buy back its vehicles, as well as compensate drivers for the dupe. 

It’s almost certain Volkswagen knew what they were doing when they implemented the software. When VW did this the first time, it was a byproduct of an effort to increase mileage and torque, and the software served as the manufacturer’s attempt at hiding the consequences. Still, VW clearly hasn’t learned its lesson from its first go-around, and it’s bound to pay the price. 

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