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Sensors and electronic components in modern light-duty vehicles are capable of 'detecting' the start of an emissions test in the laboratory (e.g., based on acceleration sensors or not-driven/not-rotating wheels). Some vehicle functions may only be operational in the laboratory, if a predefined test mode is activated. Detecting emissions tests is problematic from the perspective of emissions legislation, because it may enable the use of defeat devices that activate, modulate, delay, or deactivate emissions control systems with the purpose of either enhancing the effectiveness of these systems during emissions testing or reducing the effectiveness of these systems under normal vehicle operation and use. While the use of defeat devices is generally prohibited, exceptions exist in cases where it is necessary to protect the engine against damage and to ensure safe vehicle operation (EC, 2007). These exceptions leave room for interpretation and provide scope, together with the currently applied test procedure, for tailoring the emissions performance [...].
On 20 November 2015, the EPA said Volkswagen officials told the agency that all 3.0-litre TDI diesel engines sold in the US from 2009 through 2015 were also fitted with emissions-cheating software, in the form of "alternate exhaust control devices". These are prohibited in the United States, however the software is legal in Europe. Volkswagen acknowledges these devices' existence, but maintains that they were not installed with a "forbidden purpose". On 4 January 2016, the US Department of Justice filed a complaint in a federal court against VW, alleging that the respective 3.0-litre diesel engines meet the legal emission requirements in only a "temperature conditioning" mode that is automatically switched on during testing conditions, while at "all other times, including during normal vehicle operation, the vehicles operate in a 'normal mode' that permits NOx emissions of up to nine times the federal standard". The complaint covers around 85,000 3.0 litre diesel vehicles sold in the United States since 2009, including the Volkswagen Touareg, Porsche Cayenne, Audi A6 Quattro, Audi A7 Quattro, Audi A8, Audi A8L, Audi Q5, and Audi Q7 models.
On 29 September 2015, Volkswagen announced plans to refit up to 11 million affected vehicles, fitted with Volkswagen's EA 189 diesel engines, including 5 million at Volkswagen brand, 2.1 million at Audi, 1.2 million at Škoda and 1.8 million light commercial vehicles. SEAT said that 700,000 of its diesel models were affected. In Europe alone, a total of 8 million vehicles are affected. In Germany, 2.8 million vehicles will have to be recalled, followed by the UK, with 1.2 million. In France, 984,064 vehicles were affected, in Austria around 360,000, while in the Czech Republic 148,000 vehicles were involved (of which 101,000 were Škodas). In Portugal, Volkswagen said it had sold 94,400 vehicles with the software. The repair may not require a formal recall; in the UK, for example, the company will simply offer to repair the cars free of charge; a recall is required only "when a defect is identified that... could result in serious injury". As the rules violation involved enabling emission controls during testing, but turning it off under normal conditions to improve performance or fuel mileage, it has been speculated that the software update might make cars perform less efficiently and impair fuel economy; according to VW, however, its proposed solutions will be designed to achieve legal EU emissions compliance without impairing engine performance or consumption.
In September 2015, Volkswagen's Belgian importer, D'Ieteren, announced that it would offer free engine upgrades to 800 customers who had ordered a vehicle with a diesel engine which was likely to have been fitted with illegal software.
As of 19 January 2016 South Korea, the world's eighth-largest diesel-car market, planned a criminal case against Volkswagen executives. On 22 September 2015 South Korean authorities announced pollution control investigations into cars manufactured by Volkswagen and other European car-manufacturers. Park Pan-kyu, a deputy director at South Korea's environment ministry said: "If South Korean authorities find problems in the Volkswagen diesel cars, the probe could be expanded to all German diesel cars".
VW suspended sales of TDI-equipped cars in the US on 20 September 2015. On 21 September 2015 the EPA announced that should the allegations be proven, Volkswagen Group could face fines of up to US$37,500 per vehicle (about US$18 billion in total). In addition to possible civil fines, the United States Department of Justice Environment and Natural Resources Division were doing a criminal probe of Volkswagen AG's conduct. 22 September 2015 The United States House Energy Subcommittee on Oversight and Investigations announced that it would hold a hearing into the Volkswagen scandal while New York Attorney General Eric Schneiderman said that his investigation was already underway. As of 29 October 2015, over 25 other states' attorneys general, and the Federal Bureau of Investigation in Detroit, were involved in similar investigations. On 12 November 2015, the FBI confirmed to engineering magazine Ingeniøren that it had an ongoing investigation, after previous unconfirmed reports.
On 4 January 2016, the Justice Department, on behalf of the EPA, brought suit against Volkswagen in the United States District Court for the Eastern District of Michigan in Detroit. The complaint, seeking up to $46 billion in penalties for Clean Air Act violations, alleged that Volkswagen equipped certain 2.0 and 3.0-litre diesel-engine vehicles with emissions cheating software, causing NOx pollution to exceed EPA's standards during normal driving conditions. It further claimed that Volkswagen entities provided misleading information and that material omissions impeded and obstructed "efforts to learn the truth about the (excess) emissions". while "so far recall discussions with the company have not produced an acceptable way forward". On 9 January 2016, US officials criticized Volkswagen for citing German law in order to withhold documents from a group of states investigating the company's actions. Schneiderman also complained over Volkswagen's slowness in producing documents from its US files, claiming the company "has sought to delay responses until it completes its 'independent investigation' several months from now".
On 28 June 2016, Volkswagen agreed to pay $15.3 billion to settle the various public and private civil actions in the United States, the largest settlement ever of an automobile-related consumer class action in United States history. On 25 October 2016, a U.S. federal judge approved the settlement. Up to $10 billion will be paid to 475,000 Volkswagen or Audi owners whose cars are equipped with 2.0-litre diesel engines. Owners can also opt to have their car repaired free of charge or can sell it back to the company, who will pay back its estimated value from before the scandal began. Leases can also be terminated without incurring penalty charges. Independent of which options are selected, owners will still receive compensation ranging from $5,000 to $10,000 per affected car. Additionally, should they choose to decline the offer, they are free to pursue independent legal action against the firm. The settlement also includes $2.7 billion for environmental mitigation, $2 billion to promote zero-emissions vehicles and $603 million for claims by 44 states, Washington, D.C., and Puerto Rico. Volkswagen agreed not to resell or export any vehicles it repurchases unless an approved emission repair has been completed. As of 28 June 2016[update], no practical engineering solutions that would bring the vehicles into compliance with emission standards had been publicly identified. The consumer settlement will resolve all claims by participating consumers against Volkswagen and all its associates, except for any potential claims against Robert Bosch GmbH. Bosch supplied two exhaust treatment components and engine control software. In the case of 3.0-litre V6 TDI engines, Volkswagen suggested it can provide an uncomplicated fix that will bring the vehicles into compliance without adversely affecting performance, a move that the company hopes will avoid an expensive buyback of these cars.
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
In general, if any one of the above criteria is not met, the applicant has not met the burden of proof required to establish that he or she is free of a medical condition that would render the applicant inadmissible to the United States on health-related grounds. In this case, the officer should follow standard operating procedures regarding issuance of a denial or an RFE or Notice of Intent to Deny (NOID) to address the deficiency.
This type of evidence can exonerate the accused person, usually the defendant in a criminal case. Prosecutors and police are required to disclose to the defendant any exculpatory evidence they find or risk having the case dismissed. 153554b96e