Either the ratio of lawyers to engineers in VW was much higher than I thought or they are displaying extreme arogance over this affair.
Here is there reply to an enquiry by Autocar which has found out "defeat devices" are illegal in the EU too.
The spokesman also raised the possibility that, even if VW Group cars are found to have employed the software manipulation system in European tests, it may not breach regulations. "It is not certain whether this function can be catagorised as a defeat device under European standards," he said.
Blog: when is manipulation software not a defeat device?
Although the regulations clearly state "the use of defeat devices that reduce the effectiveness of emission control systems shall be prohibited", the spokesman's comments suggest VW is investigating not only whether the software activated, but also whether, if it did, it constitues a defeat device under the definitions of the European tests.
Under European regulations, a defeat device is described as "any element of design which senses temperature, vehicle speed, engine speed (RPM), transmission gear, manifold vacuum or any other parameter for the purpose of activating, modulating, delaying or deactivating the operation of any part of the emission control system, that reduces the effectiveness of the emission control system under conditions which may reasonably be expected to be encountered in normal vehicle operation and use."
If software isnt an element of design on a modern car what is?
BTW blog makes interesting reading.