FCA Could Face $840 Million in New U.S. Regulatory Fees

Matt Posky
by Matt Posky

Fiat Chrysler Automobiles has said that it might be looking at $840 million if it wants to settle a Justice Department investigation into excess diesel emissions and threw some mild shade at regulators.

The manufacturer noted that the U.S. appeals court’s August ruling that overturned the Trump administration’s July 2019 rule that suspended a National Highway Traffic Safety Administration regulation more than doubling emissions penalties for automakers is playing a major factor in that sum. Obviously, it wishes they hadn’t.

While the company’s strategy to basically eat whatever fines it incurred so it could continue manufacturing the kind of automobiles its customers wanted (while also keeping down its own development costs) seemed mostly sound. But it’s been hit with a flurry of penalties over the last few years and they’re starting to mount up.

In 2019, FCA agreed to an $800 million settlement to resolve claims from the Justice Department, California Air Resources Board (CARB), and customers over the use of illicit software that falsified testing information on diesels. This was in conjunction with other emission-related fines and came off several years of having to pay tens-of-millions in civil penalties for failing to adhere to U.S. fuel economy requirements. While some of this has been offset via the purchasing of carbon credits in both the United States and Europe, it still represents a financial setback for FCA.

According to Reuters, FCA would like the August ruling that’s poised to jack up its current diesel emission penance appealed. Otherwise, it “may need to accrue additional amounts due to increased CAFE penalties and additional amounts owed under certain agreements for the purchase of regulatory emissions credits.”

From Reuters:

FCA in a securities filing said the amounts “accrued could be up to 500 million euros ($581 million) depending on, among other things, our ability to implement future product actions or other actions to modify the utilization of credits.”

The automaker declined to comment Monday.

In October 2019, FCA said it incurred a $79 million U.S. civil penalty for failing to meet 2017 fuel economy requirements after paying $77.3 million for 2016 requirements.

FCA’s filing said it is uncertain if “NHTSA will appeal the ruling” and unclear if the ruling will be applied retroactively to the 2019 model year.

[Image: FCA]

Matt Posky
Matt Posky

A staunch consumer advocate tracking industry trends and regulation. Before joining TTAC, Matt spent a decade working for marketing and research firms based in NYC. Clients included several of the world’s largest automakers, global tire brands, and aftermarket part suppliers. Dissatisfied with the corporate world and resentful of having to wear suits everyday, he pivoted to writing about cars. Since then, that man has become an ardent supporter of the right-to-repair movement, been interviewed on the auto industry by national radio broadcasts, driven more rental cars than anyone ever should, participated in amateur rallying events, and received the requisite minimum training as sanctioned by the SCCA. Handy with a wrench, Matt grew up surrounded by Detroit auto workers and managed to get a pizza delivery job before he was legally eligible. He later found himself driving box trucks through Manhattan, guaranteeing future sympathy for actual truckers. He continues to conduct research pertaining to the automotive sector as an independent contractor and has since moved back to his native Michigan, closer to where the cars are born. A contrarian, Matt claims to prefer understeer — stating that front and all-wheel drive vehicles cater best to his driving style.

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  • DenverMike DenverMike on Nov 04, 2020

    You're damn right lawmakers want to racketeer off gas guzzler profits. If cleaner air happens, it's a byproduct. CAFE struck fear into automakers in the '70s, hence Pinto and FWD based muscle cars. The potential billions in fines were a huge deal. Today they're much easier to swallow, a couple billion dollars here or there annually. The CAFE fines are still the same since the beginning, so thanks to inflation, everyone's happy and no cares about air pollution.

  • Agroal Agroal on Nov 14, 2020

    99% of the time they won't go anywhere near off road. 50% of the time they're driven by women. A poser truck if there ever was. But if you must have the only 5K lb. 'midsize' pickup with removable doors, roof, wallet, and don't mind spending north of $33K just to get power windows, then go for it Karen.

  • Jalop1991 Way to bury the lead. "Toyota to offer two EVs in the states"!
  • Jalop1991 I'm sorry, Dave. I'm afraid I can't do that.
  • Jalop1991 We need a game of track/lease/used/new.
  • Ravenuer This....by far, my most favorite Cadillac, ever.
  • Jkross22 Their bet to just buy an existing platform from GM rather than build it from the ground up seems like a smart move. Building an infrastructure for EVs at this point doesn't seem like a wise choice. Perhaps they'll slow walk the development hoping that the tides change over the next 5 years. They'll probably need a longer time horizon than that.
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