I suspect the documentation submitted to the departments of Infrastructure and the EPA contain figures that are not achievable without the device, irrespective of the emissions standards of the time, and that's where VW would leave themselves open to litigation.
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Welcome to the new look VWWatercooled
After much work and little sleep there is a new version of the forums running on more powerful and recent hardware as well as an upgraded software platform.
Things are mostly the same, but some things are a little different. We will be learning together, so please post questions (and answers if you've worked things out) in the help thread.
Things are mostly the same, but some things are a little different. We will be learning together, so please post questions (and answers if you've worked things out) in the help thread.

The new forum software is an upgraded version of what came before, it's mostly the same but also a little different. Hopefully easier to use and more stable than before.
We are learning together here, so please be patient. If you have questions, please post them here. If you have worked something out and can provide an answer,
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Volkswagen under investigation over illegal software that masks pollution
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Volkswagen Engineer Pleads Guilty To Fraud Charge Over Diesel Cheating, Could Face Prison
A Volkswagen engineer pleaded guilty today after being indicted for creating a defeat system for the 2.0-liter VW diesel engines that cheated federal emissions regulations, Automotive News reports. It is the first criminal charge handed down as a result of the U.S. Justice Department’s investigation into VW.
A federal grand jury named James Robert Liang in an indictment this June, a document that was only unsealed today. The news site says Liang pleaded guilty to a single charge of “conspiracy to commit fraud against U.S. regulators.”
Liang faces a maximum penalty of five years in prison.
Once again, I don't believe that any employee would risk imprisonment and concoct this cheat without approval from management.
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VW Made Its Defeat Device More Potent To Save On Warranty Repairs: Court Docs
Liang and his co-conspirators falsely and fraudulently told, and caused others to tell, U.S. customers and other that a software update in about 2014 was intended to improve the vehicles when, in fact, LIANG and his conspirators knew that the update used the steering wheel angle of the vehicle as a basis to more easily detect when the vehicle was undergoing emissions tests, thereby improving the defeat device’s precision in order to reduce the stress on the emissions control systems.
That’s absurd. According to these court documents, engineers at VW had the audacity to issue a software update to customers that dialed down emissions control usage and spewed more NOx into the environment, just so the company could save a buck.
This also essentially confirms the answer to the question we so often hear – “Why doesn’t Volkswagen just keep ‘testing mode’ on all the time?” Apparently doing so would cause the cars to fall apart.
Last edited by Amalgam; 10-09-2016, 11:09 AM.
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I'm sure they'll fight it as much as they can. It's going to be a lot cheaper to take on the ACCC and hope for a Win, than just admit what they did and do the right thing and fix things.
Sent from my iPhone using Tapatalk2014 T5 132Kw Twin Turbo, 2016 "D" Suffix EGR Cooler, 4 Motion, 7Spd DSG + Diff Lock, Frontline Camper.
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Some good news for EU6
Dieselgate: VW cleanest in EU emissions study
Audi dropped from being the carmaker with the fifth-most non-compliant EU5 cars in real world testing to just 13th on EU6 figures and Volkswagen went from a clear first to fourth, while Mercedes-Benz climbed from sixth to second under the newer, tighter regulations.
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Originally posted by Amalgam View PostSome good news for EU6
Dieselgate: VW cleanest in EU emissions study
Audi dropped from being the carmaker with the fifth-most non-compliant EU5 cars in real world testing to just 13th on EU6 figures and Volkswagen went from a clear first to fourth, while Mercedes-Benz climbed from sixth to second under the newer, tighter regulations.
Happy Days
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Originally posted by joel0407 View PostI don't really get this. When Audi, Skoda, Seat and VW share so many of the same engines with the same outputs, how can some of these car makers apparently be better or worse than the other. I guess it could be possibly the sum of all the engines from the car maker.2008 MkV Volkswagen Golf R32 DSG
2005 MkV Volkswagen Golf 2.0 FSI Auto
Sold: 2015 8V Audi S3 Sedan Manual
Sold: 2010 MkVI Volkswagen Golf GTI DSG
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I read recently that the judge gave VWA a spanking in court for trying to play games and trying to avoid the issues being raised.
Found it...VW lashed for "playing games" in court
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