Is GM Europe About to Be Swallowed by the Dieselgate Maelstrom?

Rumors have swirled for months that Opel would be implicated in the dieselgate scandal. Over the weekend, serious allegations took flight that Opel does in fact use defeat devices in two diesel models.

Opel has been summoned to appear in front of the German Transport Ministry investigative committee this week to answer claims that its cars are capable of skirting emissions laws.

Der Spiegel reported last week the Opel Astra was found to contain software that will deactivate emissions control systems when the outside temperature is either below 20 degrees Celsius (68 degrees Fahrenheit) or above 30 degrees Celsius (86 degrees Fahrenheit). Additionally, it discovered the emissions systems do not work when engine speed exceed 2,400 rpm, the car is moving faster than 145 km/h, or ambient air pressure is less than 915 millibar, which would indicate an elevation of more than 850 meters.

Spiegel claims it detected the software by investigating the specific motor controls, as well as observed discrepancies, between the lab tests at TUV Nord in Essen and on-road testing.

The 1.6-liter diesel in question was by GM, used throughout the European lineup, and is slated for North American launch later this year in the new Cruze.

Opel is playing a game of semantics here; its official response being we do not use software “which determines whether a car is subjected to an emissions test.” However, the effect is ultimately the same, with exhaust treatment only operating within a small window of variables.

Meanwhile, in the Netherlands, RDW, the Dutch authority that issued EU type approval for the Opel Zafira Diesel, is considering a recall and a possible — but unlikely — withdrawal of approval.

Where the situation gets muddy is when you look at EU type approvals.

The rules state “the use of defeat devices that reduce the effectiveness of emission control systems shall be prohibited.” At the same time, those rules also state the prohibition shall not apply “when the need for the device is justified in terms of protecting the engine against damage or accident and for safe operation of the vehicle.”

Effectively, automakers can drive a bus through a loophole as large as that simply by stating an engine could be damaged while operating in certain ambient temperatures with the emissions controls operating.

Unfortunately, until regulations are tightened up, the manufacturers will continue to exploit those loopholes.

The industry is operating under the old adage “if you ain’t cheatin’, you ain’t trying.” If one automaker refuses, another won’t, handing them a competitive advantage.

Call it the Lance Armstrong defense.