DIESELGATE: Audi in ACCC's gunsights
Prestige brand falls foul of consumer rights organisation over device defeat softwareAudi is headed to the Federal Court of Australia to defend itself against allegations by the Australian Competition and Consumer Commission (ACCC).
The ACCC is taking legal action against the manufacturer (Audi AG), the importer (Audi Australia Pty Ltd) and the parent company, Volkswagen AG, in respect of over 12,000 vehicles sold in Australia during the years 2011 to 2015. These vehicles are now known to have had the notorious device defeat software installed.
Late last year Audi commenced a recall of the vehicles affected by the scandal /audi-australia-'dieselgate'-recall-commences-104966, but at the time Audi claimed 6000 vehicles were subject to the recall – less than half the number the ACCC is claiming have the software installed.
The ACCC has concluded that Audi did sell cars locally with the software, which was specifically developed by parent company Volkswagen to run the engine in an operating mode that produced fewer nitrogen oxide emissions during tests, but reverted to normal operation at other times.
"Consumers expect that there is some relationship between the performance of the car as set out in the sales brochure and their day to day on-road use. We allege that the installation of software which allows the vehicle to meet testing standards but then causes the vehicles to operate differently on the road, and associated representations about the vehicle and its performance, breach the Australian Consumer Law," ACCC Chairman Rod Sims said.
The ACCC does not intend to seek legal redress against Skoda, which is represented and distributed by Volkswagen in Australia. Proceedings against Volkswagen have been under way since September. Vehicles owners are under no compulsion to have the software removed, says the ACCC, and that will not void the owners' rights under Australian Consumer Law.
Audi vehicles that are the subject of the legal action are as follows:
A1 3 Door – 2011 to 2013
A1 Sportback – 2012 to 2015
A3 Sportback – 2011 to 2013
A4 Allroad – 2012 to 2015
A4 Avant – 2011 to 2015
A4 Sedan – 2011 to 2015
A5 Cabriolet – 2012 to 2015
A5 Coupe – 2012 to 2015
A5 Sportback – 2012 to 2015
A6 Avant – 2012 to 2015
A6 Sedan – 2011 to 2015
Q3 SUV – 2012 to 2015
Q5 SUV – 2011 to 2015
TT Coupe – 2011 to 2014
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