New twist in Volkswagen diesel scandal sets up a head-on clash with Australian class action lawyers

THE German car giant is in for a head-on clash with Australian lawyers after saying some V6 diesel engines added to the class action aren’t affected locally.

New twist in VW diesel scandal

THE Volkswagen diesel scandal has taken yet another turn in Australia.

A bitter dispute between the car giant and lawyers representing 13,000 customers in a class action has emerged before Federal Court action has even started.

Volkswagen insists the 3.0-litre V6 diesel engines that power a range of VW, Audi and Porsche SUVs are not affected in Australia, even though they have been recalled or withdrawn from sale in the US.

Last week, law firm Maurice Blackburn announced it was adding the 3.0-litre V6 diesel to the Australian class action lawsuit.

A senior Volkswagen Australia spokesman told News Corp Australia: “We’ve had clear directions from our German technical department that absolutely no 3.0-litre V6 diesel engines in Australia are caught up in this.”

People’s car ... Volkswagen says there is no problem with V6 diesel engines sold locally even though they have been recalled or withdrawn from sale overseas. Picture: Michael Sohn/AP

He added: “We cop it on the chin for the mistakes we’ve made and we won’t back away from our responsibilities. But it’s wrong for them to go out without checking the facts on the 3.0-litre V6 diesel.”

But Maurice Blackburn is not backing down from its decision to add the 3.0-litre V6 diesel engines to its class action on 97,000 four-cylinder diesel cars sold in Australia since 2009.

“Volkswagen has made denials that have subsequently proven to be untrue every step of the way in this global scandal,” said class actions principal Jason Geisker.

“They denied the initial tests that uncovered this global scandal, they denied their 3.0-litre vehicles were affected in the USA before later admitting to regulators that they actually did have defeat devices.”

In the wake of these admissions, US authorities have begun testing the 3.0-litre V6 diesel engine shared by Volkswagen, Audi and Porsche.

“Early tests are showing some vehicles emitting up to nine times the acceptable levels of NOx fumes,” said Mr Geisker.

“Their denials have been worthless to date, they deserve to be held to account for what they’ve done.”

Embattled auto giant ... Volkswagen says 3.0-litre diesel engines do not have a “cheat mode” in Australia. Picture: AFP/ DPA/Julian Stratenschulte

A confidential bulletin sent from Volkswagen to its network of Australian dealers said in part: “Advice from Volkswagen AG and official measurement data of the German Authority Kraftfahrtbundesamt (KBA), have confirmed that V6 TDI engines are not affected by the emissions software issue, as they meet the applicable (European) EU and UN/ECE regulations and therefore comply with Australian Design Rules.”

A statement from Volkswagen Australia said: “The V6 TDI has a temperature conditioning mode on start-up, designed to bring the engine up to peak efficiency more quickly and therefore reduce emissions. This occurs regardless of whether the vehicle is on the road or being tested (in laboratory conditions).

“The temperature conditioning mode does not constitute a defeat device and this has been confirmed by the German Ministry of Transport and the German Federal Motor Transport Authority.”

Australian owners of Audi, Porsche and Volkswagen vehicles can call 1800 504 076 to find out if their car is affected by the diesel recall that so far includes 97,000 vehicles on Australian roads. The recall work is due to commence in January 2016 at no cost to owners.

This reporter is on Twitter: @JoshuaDowling