Defeat Devices

“What is a Defeat Device?”

The idea of a manufacturer using a ‘defeat device’ in a vehicle can be very confusing for those who have learned that their car or truck is part of a scandal. You may wonder how emissions cheating, which gives a car or truck (and thus its owner) superior driving performance, can suddenly become a “problem” that can impact the vehicle’s value. How does something that improves fuel economy beyond what may have been expected actually hurt the owner?

When it comes to explaining a defeat device amidst an emissions scandal, the best way is to highlight the problem of what is to come instead of trying to explain what has notably already occurred.

A defeat device conceals the fact a vehicle actually performs differently than what an emissions test reveals. Although not every state may do regular vehicle testing, manufacturers are required to comply with emissions standards in order to sell their cars and trucks. Using a defeat device can allow a manufacturer to achieve better fuel economy and overall performance, making owners happier with their vehicle and helping the company meet federal emissions requirements. Yet, this happiness can only continue until a defeat device is reported.

How Does a Defeat Device Work? 

Modern emissions cheating involves the use of unique software programming that detects when a vehicle is being tested by regulators and it adjusts accordingly. Governmental emissions testing involves the use of devices called dynamometers. The equivalent of massive treadmills, these devices allow cars and trucks to drive in place while regulators test the vehicles for fuel economy, emissions, and more. There is little to no variation in emissions testing - nearly every regulatory test is done in a relatively sterile environment and utilizes the same standard dynamometers. As a result, defeat devices have relied on this lack of variation to develop relatively simple work-arounds in order to conceal real-world emissions.

A software-based defeat device will detect when the vehicle is in a testing environment and modify performance accordingly. An emissions defeat device only needs to monitor for simple real-world driving behaviors in order to know if it is in a testing scenario. Software programming does real-time checks for changes in acceleration, turning of the wheel, elevation, and more to determine if the car or truck is being driven on a road or simply ‘running.’ A defeat device, detecting the vehicle has not been turned or changed course for a period of time, will provide the results needed to meet emission guidelines. However, in everyday driving circumstances, the software will turn off emissions restrictions and systems to allow for better vehicle performance, including increased MPGs and acceleration.

As a result, a defeat device forces the vehicle to perform within compliance when it detects the car or truck is being tested. In short, it is only active when the vehicle is being tested and is not a performance booster on normal roadways. This also helps explain why software updates can be so harmful to vehicle performance – the vehicle is often drastically outside of regulation for the vast majority of its use.

Use of defeat devices can result in penalties totaling billions of dollars in fines, recall costs, and penalties for auto manufacturers. So, why would a company utilize a defeat device in their vehicles? While the obvious answer may be the performance improvements available when Nitrogen Oxides are less restricted, actual reasons can vary. Although there is obvious customer satisfaction and value that can come with delivering a vehicle that seems to outperform what was marketed, the rationale for a manufacturer to use a defeat device can also be financial. The mechanical pieces and processes in an emissions system can be costly, and make filters, catalytic converters, and fluids an expensive part of NOx control.

A defeat device may also be used for reputational purposes. For example, with Volkswagen, speculation exists that the company’s identity of excellence and superiority may have bred a culture of winning no matter the cost. In the case of Fiat Chrysler, the company has denied all wrongdoing while, as of 2020, only one employee has faced criminal charges. This is in direct contrast to Volkswagen, where the use of defeat devices was so embedded in the company’s operations that a multitude of employees, including executives, faced criminal charges for the emissions violations.

Should you be concerned about a defeat device that may actually be helping your vehicle perform better than was described when you purchased it?

Once a governmental investigation concludes with a finding that (1) the defeat device is real, (2) that the vehicles release more Nitrogen Oxides than legally permitted, OR (3) that a settlement is reached with an acknowledgment the vehicles are out of compliance, the defeat device must usually be ‘removed.’ The removal of the defeat device involves updating emissions software or the vehicle’s mechanical makeup in order to undo the unique setup or circumstances that allow vehicles to emit more gases than legally allowed. This update to the vehicle’s construction is why a defeat device matters – with an emissions scandal, it’s not as much about the damage ‘done’ by the device but what must be done to the vehicle to ensure it is compliant with governmental standards.

Software updates aimed at bringing the emissions on a car or truck into compliance with regulatory standards have regularly impacted vehicle performance, owner satisfaction, resale value, and more.

It is important to understand that a defeat device is not an after-market emissions modification, emissions ‘delete’ or general ‘tuning’ software. Those systems, used by owners to undo emissions controls that come equipped on vehicles directly from the manufacturer, are illegal in some states and are marketed as intended only for off-road recreational purposes. The United States government, as recently as 2019-2020, has shown an interest in prosecuting companies who manufacture these aftermarket products, making them far more difficult to obtain and install on vehicles.

The core issue with defeat devices is that when they are installed on vehicles at the point of design and manufacturing, every vehicle sold by the manufacturer is non-compliant with emissions standards. That is why every vehicle - even if an owner has modified its emissions system after purchase - can be involved in an emissions scandal and every vehicle’s overall resale value can be impacted. Given that an emissions class action may require proof from a vehicle owner that they have updated their car or truck with whatever emissions software update has been released by the manufacturer to qualify for compensation, a defeat device brings more attention to vehicles which may have been modified by the owner. This is just one of the many reasons why it is important for those who have modified their vehicle’s emissions to pay attention to a defeat device investigation.