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Law firm Hagen Berman UK says it has filed proceedings against Daimler AG, Mercedes Benz Cars UK and Mercedes Benz Financial Services UK, in a bid to secure compensation payouts for drivers affected by emissions “cheating”.

The firm alleges that Mercedes programmed some of its diesel models produced between 2008 and 2018 to reduce the vehicles’ illegally high levels of nitrogen oxide when the vehicles were being tested for emissions.

In August last year, the German car maker agreed to pay a £560m settlement to owners in the USA after it was accused of cheating emissions tests.

Mercedes-Benz said cars sold in the US used different emissions control systems to those in Europe, however, and believes the claims brought forward by UK law firms are “without merit”.

Some 33,000 people in England and Wales have registered interest to have Hagens Berman represent them in the group litigation. The law firm says claimants can now formally opt in to join the case. Other interested parties are also still eligible to join.

“British consumers have a similar right to compensation for unlawful, deceptive and defective emissions-cheating implemented by Mercedes,” said Steve Berman, managing partner of Hagens Berman. “Following the $700 million US settlement against Mercedes, we spent the past year laying the foundation for equally successful litigation in the UK. We are now poised to hold Mercedes and other defendants to account.”

A number of car makers are being targeting by law firms for emissions cheating. Most recently, Harcus Parker announced it was investing all car makers that sold diesel models between 2009 and 2018. So far, no claims have been successful.

A 2016 investigation by the Vehicle Certification Agency, on behalf of the Department for Transport, found that only Volkswagen Group vehicles featured defeat devices designed specifically to beat official testing.

However, the tests provided further evidence that NOx emissions from diesel vehicles were higher in real-world conditions and on the test track than in laboratory conditions.

The investigation concluded that the EU regulations provided uncertainty about how emissions control systems may be reduced or deactivated in certain conditions and did not detail how the exceptions to the ban on defeat devices should apply, whether or how manufacturers should apply these exemptions, or how a type approval authority should evaluate the validity of their use. By Graham Hill thanks to Fleet News

Highways England has launched a new campaign advising drivers to “go left” if they break down on the motorway.

The multi-million pound exercise is aimed at improving safety on smart motorways following a review by the Transport Secretary last year.

It is being supported by partners across the recovery industry and independent road safety campaigner Meera Naran.

Set to the tune of the Pet Shop Boys’ hit version of the ‘Go West’ song, the advert delivers a clear, single-minded message – go left.

Highways England Acting Chief Executive, Nick Harris, said: “No one plans to break down on a motorway, but if the unexpected happens then I want all motorists to know what to do so that they can keep themselves and others safe.

“Everyone wants a safe journey and raising awareness is a vital part of helping to make sure that happens.

“This new campaign and its ‘Go left’ message is designed to deliver crucial information in an accessible way and to help make motorways safer for the people who use them.”

The campaign is part of an 18-point action plan set out in the Evidence Stocktake published by the Department for Transport in March last year.

The Transport Secretary called on Highways England to deliver the campaign to improve safety and public confidence on smart motorways. However, the Transport Committee has launched a seprate inquiry into the benefits and safety of Smart Motorways in response to numerous calls for them to be scrapped.

Campaigners against Smart Motorways have labelled them as ‘death traps’. One coroner concluded that smart motorways ‘present an ongoing risk of future deaths’ while another has referred Highways England to the Crown Prosecution Service to consider if corporate manslaughter charges are appropriate following the 2018 death of a grandmother on the M1 in South Yorkshire.

Meera Naran is campaigning for Safer Drivers on Safer Roads following the death of her eight-year-old son Dev on the M6. She said: “Having successfully campaigned for the implementation of the 18-point safety plan – this education campaign is an integral step in the right direction to support motorists.”

In 2019 there were almost 230,000 reported breakdowns across the Highways England network including around 207,500 on motorways. In the 12 months from June 2019, around 40,000 breakdowns were recorded as being due to tyre issues while more than 6,000 incidents were a result of vehicles running out of fuel.

AA president, Edmund King OBE, added: “As motorway design has changed since many of us passed our test, it is vital to inform drivers what they should do in rare but worse-case scenarios.

“This welcome new campaign reminds drivers to ‘go left’ should their vehicles develop faults and if possible, get off the motorway. However, if they can’t, then they should head for the next emergency zone.

“Some breakdowns can be avoided completely, so drivers should take five minutes before setting off to ensure their tyres are inflated correctly, that they have enough fuel or electric charge and that engine fluids are topped up.” By Graham Hill thanks to Fleet News

Mitsubishi will sell new cars until the autumn, at which point it will transition to an aftersales only business, the company has confirmed.

It means new examples of models such as the Outlander plug-in hybrid (PHEV) and L200 pick-up will cease to be available by the end of the year.

The Japanese manufacturer unexpectedly announced it was pulling out of both the UK and European markets, last year.

At the time of the announcement a Mitsubishi spokesman told Fleet News: “Stock-wise we have access to a minimum of around 15,000 new vehicles across the entire range presently, with the option to order more L200 and Mirage stock further down the line, so we have no concerns in terms of vehicle supply for the foreseeable future.”

While some new vehicles will be procured by Mitsubishi from Alliance partner Renault, the company has confirmed that they will not be offered for sale in the UK and will not be produced in right-hand drive.

FLEET GUARANTEE

Both the Mitsubishi Outlander PHEV and L200 have proved popular with fleets, with the Environment Agency and Highways England just two of those impacted by the carmaker’s decision to wind up its UK and European operations.

The Environment Agency has been replacing its fleet of diesel vehicles with Mitsubishi Outlander PHEVs and has ordered 96 to date.

Dale Eynon, director of Defra Group Fleet Services, explained that the Outlander PHEV (commercial variant), in particular, has been a “vital part of our programme to reduce emissions, while maintaining full operational capability and being cost-effective”.

The manufacturer says has been contacting its fleet clients personally to offer them assurances.

“All our clients will be taken care of for as long as they are running our vehicles, that is a guarantee,” said the Mitsubishi spokesman.

Highways England has numerous Mitsubishi vehicles on its fleet, including a fleet of Mitsubishi Outlander PHEVs as asset delivery inspector vehicles. All have been bought outright.

Highways England said it was in talks with Mitsubishi about the vehicles on its fleet to “maintain business as usual. This includes the SMR for our fleet”.

SALES FIGURES

UK registrations from 2020, show Mitsubishi had sold 9,076 new vehicles, compared with 16,199 during the previous year.

The 43% decline in new registrations is more than the industry average, which dropped by 29% during the year.

The Mitsubishi Outlander PHEV, which has proved popular with company car drivers thanks to low benefit-in-kind (BIK) tax, was updated with new trim levels and a new infotainment system, last year. Prices started at £35,455 (on-the-road) for the revised plug-in hybrid SUV.

However, Government cuts to the plug-in car grant announced two years ago, meant the Outlander PHEV was no longer eligible.

The plug-in grant was cut by £1,000 and no longer applied to hybrid cars with a range of less than 70 zero-emission miles. The Government said the reduction in funding – from £4,500 to £3,500 – for the cleanest cars, and withdrawing the grant completely for the likes of the Outlander, was a sign of its success.

Its BIK tax savings credentials have maintained its traction in the market, however, with the Outlander outselling every other plug-in hybrid SUV on the market in 2020, with 3,336 Outlander PHEVs registered from January to December.

It means around a third of all new vehicles sold by the manufacturer last year was an Outlander PHEV and more than 53,000 examples have now been registered in the UK.

£1.3 BILLION LOSS

That sales success, however, comes after Mitsubishi reported a £1.3 billion loss in the first quarter of 2020, resulting in its decision to focus on faster growing, more profitable markets, with the aim of cutting costs by 20% over the next three years.

“The company is effectively pulling out of Europe to focus on the likes of south Asian markets,” said David Bailey, professor of business economics at the Birmingham Business School and senior fellow at UK in a Changing Europe.

Along with exiting UK and European markets, Mitsubishi will aim to improve its bottom line by cutting R&D spend, undertaking ‘salary reviews’ and shutting one of its plants in Japan by next year.

Its European manufacturing operations at the Nedcar plant in the Netherlands were sold in 2012, with cars, instead, imported to Europe.

Planned new models the EU and UK will miss out include a new Outlander SUV and a new Battery Electric SUV (2021), a plug-in hybrid Outlander and L200 Pick up (2022), and the Xpander MPV and Pajero Sport SUV (2023).

Bailey added: “From a consumer point of view, the pull-out is a great shame as the firm has pioneered plug-in hybrid technology in the UK and Europe.”

Bailey believes that the technology will probably find its way into new Renault-Nissan-Mitsubishi Alliance models from Renault and Nissan.

“While the Alliance plan had anticipated a refocusing by Mitsubishi on south-east Asia, I’m still surprised that Mitsubishi is effectively leaving the UK/EU market completely,” he said.

“I had anticipated Mitsubishi models being assembled off the same platforms as Renault and Nissan models, and produced, for example, at Sunderland, so as to maximise the alliance’s market share in the region.”

However, Bailey doesn’t rule out the brand being resurrected in the UK market in this way at some point.

IMPACT ON RVs

Pricing experts at Cap HPI have played down the potential of Mitsubishi’s decision to exit the UK having a negative impact on residual values (RVs).

Andrew Mee, head of forecast UK at Cap HPI, told Fleet News: “It’s important to remember that Mitsubishi is an established brand with some popular models, notably Outlander and L200, and we expect these to continue to be attractive as used cars.

“While some funder and lender nervousness can be expected around residual values, there have been precedents of brands exiting the UK without values suffering, and these include MG Rover, Saab, Daewoo and Chevrolet.

“In all cases, values subsequently moved in line with market and sector trends and were not adversely affected by the brand’s withdrawal.”

Mee argues that the expected availability of spare parts and the knowledge and experience of service engineers should help used sales and values.

Furthermore, he says it’s even possible that, as there will be a finite number of Mitsubishi cars registered in the UK, as volumes on the road decrease over time, then interest from loyal customers could have a “positive impact on used values”. By Graham Hill thanks to Fleet News

More than 304,000 pensioners (over 65s) currently have penalty points on their driving licence, which is almost 25 times the number of young teenage drivers.

The findings come from a Freedom of Information (FOI) request to the DVLA by IAM RoadSmart.

It was also revealed that the oldest person driving with points on their licence was 102, while there are more than 3,000 people over the age of 90 currently driving with penalty points.

Neil Greig, IAM RoadSmart director of Policy & Research, said: “The findings from our Freedom of Information request are surprising. Speeding and other motoring misdemeanours are often associated with younger drivers but the findings clearly show there is a large number of older drivers also flouting the rules.

“Regardless of age, the message we need to get through is that road safety is paramount and we urge drivers of all ages to stick to the speed limits and ensure their vehicles are in a roadworthy condition.

Overall, there are more drivers in their 30s with penalty points than any other age range (575,029), closely followed by those in their 40s (572,238) and then by those in their 50s (568,511). The highest single age with the greatest number of people with points was 49 (63,248).

Additional findings from the FOI discovered that there is up to 8,800 people still driving with more than 12 points – the amount at which you are disqualified – while the highest number of penalty points currently held by one individual is 68.

Greig added: “We also urge government to urgently revisit the issue of drivers with more than 12 points who still have not had their licences revoked. IAM RoadSmart has been raising this issue for almost a decade now and the problem still persists.

It’s not by chance that certain drivers amass 12 or more points and they need to be removed from the public roads. By letting them keep their licence it undermines the simple “four strikes and you’re out” message and this urgently needs to be addressed.”  By Graham Hill thanks to Fleet News

Batteries capable of fully charging in five minutes have been produced in a factory for the first time, marking a significant step towards electric cars becoming as fast to charge as filling up petrol or diesel vehicles.

Electric vehicles are a vital part of action to tackle the climate crisis but running out of charge during a journey is a worry for drivers. The new lithium-ion batteries were developed by the Israeli company StoreDot and manufactured by Eve Energy in China on standard production lines.

StoreDot has already demonstrated its “extreme fast-charging” battery in phones, drones and scooters and the 1,000 batteries it has now produced are to showcase its technology to carmakers and other companies. Daimler, BP, Samsung and TDK have all invested in StoreDot, which has raised $130m to date and was named a Bloomberg New Energy Finance Pioneer in 2020.

The batteries can be fully charged in five minutes but this would require much higher-powered chargers than used today. Using available charging infrastructure, StoreDot is aiming to deliver 100 miles of charge to a car battery in five minutes in 2025.

“The number one barrier to the adoption of electric vehicles is no longer cost, it is range anxiety,” said Doron Myersdorf, CEO of StoreDot. “You’re either afraid that you’re going to get stuck on the highway or you’re going to need to sit in a charging station for two hours.

But if the experience of the driver is exactly like fuelling [a petrol car], this whole anxiety goes away.”

“A five-minute charging lithium-ion battery was considered to be impossible,” he said. “But we are not releasing a lab prototype, we are releasing engineering samples from a mass production line. This demonstrates it is feasible and it’s commercially ready.”

Existing Li-ion batteries use graphite as one electrode, into which the lithium ions are pushed to store charge. But when these are rapidly charged, the ions get congested and can turn into metal and short circuit the battery.

The StoreDot battery replaces graphite with semiconductor nanoparticles into which ions can pass more quickly and easily. These nanoparticles are currently based on germanium, which is water soluble and easier to handle in manufacturing.

But StoreDot’s plan is to use silicon, which is much cheaper, and it expects these prototypes later this year. Myersdorf said the cost would be the same as existing Li-ion batteries.

“The bottleneck to extra-fast charging is no longer the battery,” he said. Now the charging stations and grids that supply them need to be upgraded, he said, which is why they are working with BP. “BP has 18,200 forecourts and they understand that, 10 years from now, all these stations will be obsolete, if they don’t repurpose them for charging – batteries are the new oil.”

Dozens of companies around the world are developing fast-charging batteries, with Tesla, Enevate and Sila Nanotechnologies all working on silicon electrodes. Others are looking at different compounds, such as Echion which uses niobium oxide microparticles.

Tesla boss Elon Musk tweeted on Monday: “Battery cell production is the fundamental rate-limiter slowing down a sustainable energy future. Very important problem.”

“I think such fast-charging batteries will be available to the mass market in three years,” said Prof Chao-Yang Wang, at the Battery and Energy Storage Technology Center at Pennsylvania State University in the US. “They will not be more expensive; in fact, they allow automakers to downsize the onboard battery while still eliminating range anxiety, thereby dramatically cutting down the vehicle battery cost.”

Research by Wang’s group is being developed by the company EC Power, which he founded. It carefully increases the temperature of the battery to 60C, which enables the lithium ions to move faster, but avoids the damage to the battery usually caused by heat. He said this allowed a full charge in 10 minutes.

Wang said new research published in Nature Energy on Monday showed this battery could be both affordable and eliminate range anxiety. “Finally we are achieving parity with gasoline vehicles in both cost and convenience.

We have the technology for $25,000 electric cars that race like luxury sport cars, have 10-minute rechargeability and are safer than any currently on the market.”

Wang noted that fast charging must also be repeatable at least 500 times without degrading the battery to give it a reasonable life and that the EC power battery can do so 2,500 times.

Myersdorf said the StoreDot battery could be recharged 1,000 cycles while retaining 80% of original capacity.

Anna Tomaszewska, at Imperial College London, UK, who reviewed the fast-charging batteries in 2019, was more cautious about the speed of their rollout. “I think technologies [like StoreDot’s] could start entering the market in the next five years or so.

However, since they will be more difficult and expensive to manufacture, we’re likely to initially only see them in niche markets that are highly performance-driven and not as price-sensitive as electric vehicles,” she said.  By Graham Hill thanks to The Guardian

Recommendations for who will be legally liable if an autonomous vehicle is involved in a collision or commits an offence are set to be published by the Law Commission before the end of the year.

The organisation has completed a consultation into the legal ramifications of the technology and is now assessing responses before making its final recommendations.

Jessica Uguccioni, lead lawyer of the Law Commission’s autonomous vehicles review, says: “One of the big things we’ve determined is that you can’t just keep the current system for enforcing road traffic rules when it comes to automated vehicles.

“At the moment you can basically lock people up if they do something really, really bad on the road, like dangerous driving, but that is just not going to work with the automated driving regime.

“We need to have a system which is much more based on ensuring safety to begin with, but then understanding why things have gone wrong and preventing them happening again because a single incident can have ramifications for many other vehicles.”

In the Law Commission’s consultation document, the organisation says different levels of automation should affect where liability lies.

If the vehicle is fully autonomous and can travel without a driver in them then any people in the vehicle are merely passengers so have no legal responsibility for the way the vehicle drives and are under no obligation to take over the driving.

Determining liability for autonomous vehicles which require a human driver to be in control of the vehicle at times is more complicated.

While there will be periods when the vehicle is fully autonomous or when it is being fully controlled by a human, there will also be times when the vehicle is transferring control to the driver.  By Graham Hill thanks to Fleet News

More cars were stolen and recovered in London than in any other region across 2020, latest data analysis from Tracker, has revealed.

The West Midlands and Greater Manchester have moved up the league table to second and third position respectively, ousting Essex from second to fourth position.

The analysis also reports another annual increase in keyless car thefts, now standing at an all-time high of 93%.

Other car crime hot spots within Tracker’s regional analysis include Kent, Surrey, and Hertfordshire, as well as Lancashire, South Yorkshire, and West Yorkshire. Hertfordshire and Lancashire join the top ten for the first time, while Herefordshire and Merseyside have dropped out.

RAC Insurance reported vehicle thefts rose to highest level in four years, as more than 150,000 cars, vans and motorcycles were reported as stolen in 2018-19.

Range Rover and Land Rover topped the league table for the most stolen and recovered vehicles across the UK, with the three top spots occupied by Range Rover models – the Sport followed by the Vogue and the Autobiography.

A £120,000 Range Rover Autobiography was stolen from a supermarket carpark in Walthamstow, London, in just 80 seconds by thieves taking advantage of weaknesses in the keyless entry system.

The Land Rover Discovery, Range Rover Evoque and Land Rover Defender also make the top ten. These six models alone account for 37% of all stolen cars recovered by Tracker in 2020.

Clive Wain, head of Police Liaison for Tracker, said: “It is no surprise that London was the busiest region for vehicle thefts and recoveries in 2020 – it always is. The area accounts for as many recoveries as the next seven regions in our top ten, combined. Nor is it a surprise to see Range Rover and Land Rover dominating our UK hot spots.

“However, yet another annual increase in the number of cars being stolen by thieves exploiting keyless car technology should ring alarm bells for everyone, regardless of the make and model they drive.

“Thieves use sophisticated equipment to exploit keyless technology by hijacking the car key’s signal, typically from the security of the owner’s home, and remotely fooling the system into unlocking the doors and starting the engine.

“This is commonly known as a “relay attack” and accounted for 93% of all our recorded thefts in 2020. This nudged up from 92% in 2019 but represents a shocking 27% increase in the last 5 years.”

Ford bolsters vehicle security

To help prevent vehicle theft, Ford has increased the number of models with security technology which disables keyless entry fobs when not in use to block illegal hacking.

The average fleet loses around £16,000 per year as a result of vehicle or equipment theft, according to Verizon Connect.

A motion sensor inside Ford’s fobs detects when it has been stationary for longer than 40 seconds and triggers a sleep mode, which will not respond to attempts to hack its signal via a “relay box” or through the misuse of other specialist equipment.

Moving the keyless fob by picking it up inside the home and taking it to the car will restore full functionality by the time drivers approach their cars. Ford fobs are designed to operate only within a two-metre radius of the cars they are bonded to.

The feature has been added as standard to the Ford Puma as well as the Ford Kuga. The Ford Mustang-E electric vehicle (EV) will also feature the technology.

Ford said all production of the Ford Puma, which went on sale at the start of 2020, includes the motion-sensor key fobs. Ford Kuga production added the deterrent in July 2020.

The fob was introduced to Ford’s Fiesta and Focus in 2019. Figures from security analysts Retainagroup show that the number of thefts of the latest Fiesta have fallen by two-thirds compared with the number of previous Fiestas stolen.

Latest Fiesta 2018-2020	Previous Fiesta 2009-2017
Total sold	223,600	1,026,000
Number of thefts (2020)	231	3,152
Thefts per 1,000	1.03	3.06

Simon Hurr, Ford security specialist, said: “The online availability of devices, which have no place in public hands, has long been a problem for Ford, our industry and crime fighters.  We are pleased to extend our simple but effective solution, to help protect more owners of our most popular cars.”

Although lockdown measures in Spring of 2020 saw an overall reduction in general crime figures, Tracker said it saw vehicle theft increase once restrictions were lifted.

Wain said: “Our July stolen recovery figures were up 50% compared to April and May, so car owners need to be extra vigilant as we move out of lockdown in the coming months.

“We always encourage drivers to use traditional visual deterrents such as crook locks and wheel clamps to frighten off criminals and protect their car.

“However, in the event of a theft, stolen vehicle tracking technology will significantly help police quickly close the net on thieves and return the vehicle to its rightful owner.”

By Graham Hill thanks to Fleet News

The fuel consumption of plug-in hybrid (PHEV) models was found to be 61% lower, on average, than official figures suggest, in a new independent test.

Which? put 22 PHEV models through a laboratory test, which it claims is “more stringent” than the official WLTP cycle that manufacturers must use.

The cars were tested on the road, including on the motorway, with their batteries in varying states of charge. Which? claims each model was driven 62 miles.

“A fuel-efficient plug-in hybrid vehicle is an attractive feature for prospective buyers, as many will expect to spend less on fuel and reduce their carbon footprint. Yet our research shows many popular hybrid models are not as efficient as the manufacturer’s claim, which means motorists could be spending more on fuel than they anticipated,” said Natalie Hitchins, head of home products and services at Which?.

“It is clear that the standard set for calculating fuel efficiency rates is flawed and should be reviewed to reflect real-life driving conditions. This would ensure manufacturers advertise more accurate rates and consumers have an accurate understanding of how much they should expect to spend on fuel,” she added.

More than 66,000 PHEVs were sold in 2020, an increase of 91% on the previous year. Company car drivers can benefit from the lower CO2 emission figures when compared to equivalent petrol or diesel models, making them a deisreable choice.

A previous study by Fleet Logistics found that the average PHEV returned 37.2mpg and 193g/km of CO2, as a result of many business drivers not charging them regularly.

The best performing vehicle in the Which? test was the Toyota Prius, which achieved 114mpg versus the official 188.3mpg claimed figure. A difference of 39%.

BMW’s X5 plug-in hybrid was the furthest from its official figure of 188.3mpg, returning 52.8mpg in the Which? test.

By law, manufacturers are required to test all vehicles to the same WLTP standard, which is independently verified by government authorities. It is these results that manufacturers must publish within any advertising communications.

Mike Hawes, SMMT chief executive, said: “There will, however, always be a difference between lab tests and real-world use. Fuel use will vary greatly depending on the type of journey made, the conditions, driving stye, load and other factors which is why the WLTP test is a standardised test designed to overcome these variables and provide consumers with accurate and comparable results across all vehicles.

“The WLTP tests consistently demonstrate that plug-in hybrids (PHEVs) offer comparable range to pure petrol or diesel equivalents but deliver substantial emission reductions, with zero emission range typically 25-40 miles, which is more than ample given that 94% of UK car journeys are less than 25 miles. PHEV range and performance will continue to improve meaning that, for many drivers, they are the essential stepping-stone to a fully electric vehicle.”

Which? PHEV fuel economy test results:

By Graham Hill thanks to Fleet News

Before I get into the article I should point out that in my opinion the class actions, widely advertised, are unlikely to succeed as the lawyers will need to prove that customers had lost money as a result of the actions of the manufacturers. This will be very difficult to prove.

Some claims companies are trying to sign everyone up that owned or leased any diesel between dates when some have been shown to be fiddling the emissions. That way if there is a future action you cannot claim yourself, you are now under contract to the claims company. My advice at the moment is do nothing and certainly don’t sign up to any of the many claims companies. On to the article:

Emissions cheating allegations are now being levelled against all car manufacturers who sold diesel vehicles in the UK between 2009 and 2018, by London law firm Harcus Parker.

Businesses, company car drivers and the rental and leasing industry could be eligible for compensation if the claims are successful.

Following the dieselgate scandal, Volkswagen Group was the first brand to face civil action with some 90,000 UK owners seeking compensation. The carmaker, however, is defending the claim and says that claimants did not suffer any loss. The case is ongoing.

Class action lawsuits have since been launched against Daimler, Fiat Chrysler Automobiles, Renault, Nissan and Vauxhall by numerous firms in the UK and Harcus Parker plans to begin legal proceedings against all other manufacturers of diesel vehicles in the coming weeks. The cases are expected to last for around two years.

All the car brands involved in existing claims deny the allegations.

Damon Parker, partner at Harcus Parker, said: “My clients bought diesel vehicles after believing the messages pushed on them from all sides that ‘clean diesels’ offered a win-win solution to the problem of increasing CO2 emissions.

“Unfortunately, this ignores the difficulties manufacturers have always faced in controlling emissions of nitrogen oxide (NOx). The effects of diesel fumes on air quality is now becoming more well known, and my clients hope that by holding vehicle manufacturers to account for breaching regulatory limits, they can help to protect the environment, air quality and our health in the future.”

Car manufacturers are accused of using illegal defeat devices to manipulate the emissions performance of vehicles at certain times, such as during emissions tests, to make their cars appear to be more environmentally friendly.

All vehicles registered between 2009 and 2018 underwent the New European Driving Cycle (NEDC) test, in order to gain type approval. While EU law bans the use of ‘defeat devices’, exceptions within the regulations allow the effectiveness of emissions control systems to be reduced if it’s required to protect the engine against damage or ensure its safe operation.

Nick Molden, founder and CEO of independent vehicle emissions testing firm Emissions Analytics, told Fleet News: “The regulations set a NOx limit in ‘normal driving’ but, in Europe, there was no description of what normal driving was – only the official NEDC cycle, which varied totally from normal driving.

“Manufacturers have worked through the regulations and found what specific tests they had to meet. No carmaker has failed to meet what they had to do under NEDC, but the lawyers argue that they should always meet that.”

A 2016 investigation by the Vehicle Certification Agency, on behalf of the Department for Transport, found that only Volkswagen Group vehicles featured defeat devices designed specifically to beat official testing.

However, the tests provided further evidence that NOx emissions from diesel vehicles were higher in real-world conditions and on the test track than in laboratory conditions.

The investigation concluded that the EU regulations provided uncertainty about how emissions control systems may be reduced or deactivated in certain conditions and did not detail how the exceptions to the ban on defeat devices should apply, whether or how manufacturers should apply these exemptions, or how a type approval authority should evaluate the validity of their use.

Parker said: “For a vehicle to perform significantly differently below 20oC, 17oC or even 15oC is simply unacceptable and in our view is a transparent attempt to manufacture vehicles which purport to pass the relevant tests but which perform very differently in the real world. After all, the average temperate in the UK is around 9oC.”

The excess diesel emissions issue is estimated to affect around 40 million cars in Europe and around 11 million in the UK, including non-RDE Euro 6 models.

The Association of Fleet Professionals (AFP) said it is not aware that any of its members are engaging with class action suits and believes fleet operators are unlikely to seek compensation unless residual values were affected.

Molden said the weakness in class action suits is in establishing that car owners have suffered a loss.

“The consequence of higher NOx is better fuel economy and lower CO2. Consumers have been benefiting – there is no financial loss there. Secondhand car values are also still very strong. People like the fuel efficiency of a diesel vehicle,” he explained. By Graham Hill thanks to Fleet News

The Government is being urged to review the way that drug driving is tackled in a new report, published by the Parliamentary Advisory Council for Transport Safety (PACTS).

The report, ‘Drink driving – the tip of an iceberg?’, shows that enforcement of the drug driving laws varies dramatically across the country.

Forces with better procedures, contract and training are convicting ten times more drug drivers than others, when controlling for population size.

Meanwhile, high costs and delays with blood testing mean that some police forces are rationing what should be a routine roadside test.

Reoffending is also a major concern with 44% of recorded offences being committed by reoffenders.

One person committed the offence ‘driving or attempting to drive with drug level above the specified limit’ when they had 18 previous drink and drug driving offences.

PACTS says that a new drug drive rehabilitation course and high risk offender scheme should be introduced, modelled broadly on the existing drink drive programmes, but with better screening for drug and mental health problems and with clear pathways to treatment.

David Davies, executive director of PACTS, said: “This report by PACTS shows we still lack answers to vital questions on drug driving.

“The number of offences and deaths detected so far may be only the tip of the iceberg.”

Davies says that the police have made “big strides” in catching drug drivers over the past five years, but it remains a “postcode lottery”.

“While some forces are testing hundreds of drivers, others are rationing patrols to a single test,” he continued. “These disparities cannot be explained by differences in drug driving and the danger it creates. A more consistent approach is badly needed, with all forces testing for drug driving where it is suspected.”

In total, 12,391 people were convicted of a drug driving offence in 2019, but PACTS says that these numbers are rising fast.

Drug drivers are much more likely to have a criminal history than the general public. An analysis in 2017 of those convicted of drug driving found 67% of those convicted of drug driving offences had one or more previous conviction. Typically, these offences were for theft/burglary or drug-related.

Drivers who combine alcohol and drugs are likely to be significantly more impaired than those who consume only one. However, those who combine drink and drugs do not receive a longer sentence.

PACTS is recommending introducing a new combined drink and drug driving, with a lower drink drive limit, that recognises the risk drivers who combine alcohol and drugs pose.

The PACTS report recommends that the Department for Transport (DfT), in collaboration with the Department for Health, the Home Office, the Ministry of Justice and the National Police Chiefs’ Council, should undertake a review of policy on drug driving

The Government, it says, should also introduce a new combined drink and drug driving offence, with a lower blood alcohol limit.

Meanwhile, levels of drug driving enforcement should be increased in the UK, particularly in those police force areas where levels are low, and the Home Office should review the blood testing process and seek ways to reduce costs and increase the efficiency of laboratory testing by increasing capacity, improved procurement, or other means.

It should also consider the possibility of reclaiming costs from those who are found guilty.

Furthermore, PACTS wants a new drug drive rehabilitation course, based on the current drink drive course, to be introduced in the UK, while the DfT should publish robust offence and casualty data on drug driving using coroner data and other sources, as they do for drink driving.

Davies said: “Driving under the influence of a combination of drink and drugs, even at relatively low levels, is particularly dangerous. This is not widely understood and there is no specific offence for drink and drug driving. This needs to change.

“There are significant problems with the speed and capacity of laboratories to process blood tests for drugs. This is hampering enforcement of driving offences and drivers are escaping prosecution. We need a Covid-style response to improving lab capacity.”

By Graham Hill thanks to Fleet News