Is Volvo facing a new emissions scandal after years, even though the major recall wave at manufacturers like VW, Audi, and Mercedes seemed to have long since concluded? The Federal Motor Transport Authority confirmed to FOCUS Online that Volvo must recall around 1,700 XC60 models due to tampered emissions control systems. The KBA stated that the manufacturer has been instructed to contact each owner directly within the next two months. The affected vehicle type approvals were issued at the time by the Spanish type approval authority. This concerns the Volvo XC60 2.0 Diesel Euro 5 (Type D, 120 kW, front-wheel drive, first registered approximately March 2011 to April 2013).

The reason for the recall is an illegal defeat device discovered during market surveillance tests by the KBA. According to the authority, the vehicles' exhaust gas recirculation is reduced, which varies depending on the outside temperature. This reduces the effectiveness of the emissions control system with regard to nitrogen oxides, causing exhaust gas purification to function suboptimally for large parts of the year.

Volvo must recall manipulated diesel SUVs: KBA orders recall

Volvo is reportedly facing a recall dispute after the European Court of Justice (ECJ) retroactively invalidated the emissions control system approved by the authorities for many diesel vehicles. This follows calls from the environmental group Deutsche Umwelthilfe (DUH), which has long been pushing for the removal of millions of diesel cars from the market. If this is implemented, affected vehicles could become worthless to their owners, as they would no longer be allowed to operate.

In the case of Volvo, the Federal Motor Transport Authority (KBA) has ordered the recall of diesel SUV models because it discovered illegal emissions manipulation. Although the decision against the automaker is not yet legally binding, the KBA has ordered the immediate implementation of the recall. A Volvo spokesperson confirmed to FOCUS online that affected vehicle owners will be contacted within the next two months. Volvo will then have another 16 months to remove the illegal emissions control system through software or other updates – similar to what was required in the diesel scandals of other manufacturers, such as Volkswagen.

Despite the recall, Volvo contradicts media reports predicting an impending driving ban for the affected vehicles. The German Federal Motor Transport Authority (KBA) is also unable to confirm a driving ban at this time. According to Volvo, vehicle owners do not need to take any further action at this time. The manufacturer also emphasizes that it cannot understand the KBA's legal reasoning and announced that it will take legal action against the decision.

Legal expert warns of comprehensive legal consequences for Volvo diesel

Markus Klamert, a lawyer specializing in emissions scandals, believes that the recall of Volvo diesel models will not be the final step in this case. "These vehicles should never have received type approval. They are illegal. Period." Klamert criticizes Volvo for allowing the hearing period granted to it to expire without correcting the defects, which he considers to be a deliberate act of turning a blind eye or a disregard for German and European vehicle registration law. The Federal Motor Transport Authority (KBA) subsequently issued a binding recall notice, which represents the first step toward the permanent decommissioning of all affected vehicles.

Klamert refers to internal audits by the authority and claims that all Volvo diesel models are affected. According to his estimates, approximately 130,000 vehicles were illegally placed on the German market, which is why their operating permits are objectively invalid and their registration is therefore illegal. However, the KBA has so far only reported 1,700 affected vehicles.

FOCUS online legal expert Marco Rogert, who has successfully conducted numerous lawsuits in the emissions scandal, sees a potential wave of lawsuits looming against Volvo. "In the Volvo case, a worrying déjà vu could be looming: Software-based defeat devices that exhibit different emissions behavior in test bench operation than on the road are back on the table." Rogert warns that, if the suspicions are confirmed, the manufacturer faces significant liability risks, especially towards consumers who relied on Volvo's environmental promises. He points out that lawmakers have learned from the VW scandal, and the courts are now also vigilant – a development that Volvo should take seriously.

Volvo faces enormous effort: Possible recall could be complex

Volvo has already completely abandoned diesel engines and is now focusing exclusively on hybrid and electric vehicles. However, if the Swedish manufacturer is actually forced to redesign hundreds of thousands of diesel vehicles in Germany and possibly other countries, this could pose an enormous challenge. According to information from FOCUS online, it could be difficult for Volvo to accomplish this task, as the manufacturer, which is part of the Chinese Geely Group, may no longer have sufficient development capacity to develop and test the necessary software or hardware updates.

The effort required to implement these changes would be considerable, especially since they involve extensive overhauls of vehicles, some of which have been on the market for years. It remains to be seen how Volvo will meet this challenge as the KBA continues to push for the elimination of emissions manipulation.

Der Beitrag Drohendes Fahrverbot für Volvo-Diesel: KBA fordert Rückruf wegen Abgasmanipulation erschien zuerst auf R&U.

• Driving without a license (§ 21 Road Traffic Act)
• License plate misuse (§ 22 Road Traffic Act)
• Hit and run or leaving the scene of an accident without permission (§ 142 StGB)
• Dangerous interference with road traffic or endangerment of traffic (§ 315b StGB and § 315c StGB)
• Illegal car racing (§ 315d StGB)
• Driving under the influence of intoxicating substances (e.g. alcohol or drugs while driving) (§ 316 StGB)

Driving under the influence of alcohol or drugs

Alcohol and drugs in road traffic are always a serious accusation, which endangers the driving license.

In Germany, the blood alcohol limit is generally 0.5 ‰. Up to this point, you will be exempt from punishment unless you commit an alcohol-related driving error such as running a red light, driving erratically, or causing an accident. In this case, a blood alcohol level of 0.3 ‰ can be considered to be relatively unfit to drive. Generally, a distinction is made betweenrelativeandabsolute inability to driveThe latter is present from 1.1 per mille. The closer the determined alcohol content is to the limit of absolute driving incompetence of 1.1 per mille, the lower the requirements for proof of the typical alcohol impairment. This means that at 1.0 per mille blood alcohol, even a small swerve is enough and your driving licence is in jeopardy. From 1.1 per mille, in any caseabsolute inability to driveThe court will then revoke the driver's license, and the driver's license office will be instructed not to issue the person concerned a new license before a certain period of time has elapsed, usually not before 10-12 months. 

If you drive under the influence of drugs, you are committing an offense under the Narcotics Act (BtMG) or a traffic violation. The penalty for driving under the influence of drugs depends on the frequency of the offense.

Traffic offense: Rogert & Ulbrich recommends

Especially if you are accused of using alcohol or other illegal intoxicants while driving, you should have your case handled by a traffic lawyer Especially if an entry in the central traffic register in Flensburg already contains several points, the points imposed for the violation can become a problem. We will be happy to advise you on this free of charge and without obligation.

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Traffic law: It's worth appealing!

Millions of traffic fines are issued across Germany every year. Experience shows, however, that every second fine is incorrect. The reasons for this include faulty signage or measurements, incorrect evaluations, inadequately trained measuring officers, inadequate calibration records, irregularly maintained speed cameras, or missed deadlines. There are numerous reasons for filing an appeal.

The Road Traffic Act does not specify a range of fines. Fines are therefore determined according to the standard rates set out in the Catalogue of Fines Ordinance. The standard rates contained in the Catalogue of Fines Ordinance are only guidelines for determining fines. They are not binding on the courts and can therefore be increased or decreased.
A traffic lawyer knows the reasons that speak either for a reduction in the fine or for waiving a possible driving ban.

For this reason, any accusation that is expensive, results in points on your license or, in the worst case, jeopardizes your driver's license, should be examined immediately by a traffic lawyer. We will be happy to advise you on this free of charge and without obligation.

We at Rogert & Ulbrich are here for you!

We represent you in and out of court in traffic civil law and traffic criminal law as well as in administrative offenses. In the event of a traffic accident, we will handle a swift settlement with your insurance company. We will review your fine for legality. If you are facing criminal proceedings for, for example, drunk driving or hit-and-run, we will represent you competently in all matters. Contact us immediately. contact with us. We will be happy to advise you free of charge and without obligation.

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The background to the new ruling is that the EU Commission has introduced a stricter testing procedure for measuring exhaust emissions (RDE = Real Driving Emissions) as part of the diesel scandal. Commission Regulation (EU) 2016/427 of 10 March 2016 amending Regulation (EC) No 692/2008 as regards emissions from light passenger and commercial vehicles (Euro 6) (OJ 2016, L 82, p. 1).

The aim of this testing procedure is to obtain a more realistic picture of the emissions that vehicles actually emit in road traffic. There the car manufacturers the limits because of this not more To ensure that companies could comply with the regulations, the EU Commission relaxed the limits and introduced a so-called conformity factor. Using this factor, the permissible limit of 80 milligrams of nitrogen dioxide per kilometer driven was first raised to 168 milligrams and then to 120 milligrams.

The cities of Paris, Brussels, and Madrid had sued to invalidate the regulation, arguing that it would make air pollution control more difficult and prevent cities from imposing driving bans on vehicles that only comply with the limits thanks to the compliance factor.

The General Court of the European Union (GCC) partially upheld the action, finding that the EU Commission had exceeded its powers by effectively increasing the limit values, and that the cities filing the action were directly affected by this regulation.

Germany, Hungary, and the EU Commission appealed this decision and took the case to the European Court of Justice. The ECJ overturned the General Court's ruling, but only because, in the Court's view, the cities that filed the lawsuit were not directly affected by the regulation and their actions for annulment of the regulation were therefore inadmissible. However, cities are permitted to impose driving bans for environmental reasons.

Nitrogen oxide pollution remains too high in many cities

Nitrogen oxide pollution remains too high in many different cities. The main cause is likely road traffic. The new ECJ ruling could therefore reopen the issue of driving bans. Diesel drivers must expect further driving bans to follow. These driving bans will then limit diesel drivers' ability to use their vehicles. They also increase the depreciation of the affected vehicles.

Rogert & Ulbrich recommends

We at Rogert & Ulbrich therefore recommend that you have your claims reviewed. Our initial consultation is free and non-binding. We have already been able numerous judgments for our plaintiffs and have been involved in the diesel emissions scandal since the beginning. Get advice without obligation.

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