Hi all. I’m pretty now to this forum, so I hope newbie courtesy applies.
I recently bought a 2017 T6 from a VW Used/Approved dealer who supplied the van with a 12-month VW warranty. But a couple of weeks after the purchase I received an email asking me to sign a document.
Apparently, it was a document I should have been asked to sign before I bought the van, whereby I declared that I was fully aware of the situation regarding recent European legislation (that may or may not apply to the UK) that might lead to my van being declared unfit for the road.
Quite disconcerting.
Below is pasted in the full text of the letter with my vehicle ID removed.
What does anyone make of this? Should I be worried?
Thanks
[Internal Draft of a Customer information letter regarding the ''thermal window'' in diesel vehicles]
Dear Customer,
We are pleased that you are interested in buying the vehicle with the vehicle identification number XXXXXX
With regard to this vehicle, we as the seller would like to inform you of the following based on the information provided to us by Volkswagen AG:
Based on industry-wide standards, all manufacturers' diesel vehicles that are currently available for purchase have what is known as a ''thermal window''. This is a function in which the exhaust gas recirculation rate is gradually reduced or shut down completely outside a certain temperature range for reasons of engine protection. This, therefore, also applies to the vehicle you are interested in buying.
For some time now, there has been a discussion about the legality of thermal windows in diesel vehicles. According to the administrative practice of the European type-approval authorities, including the German Federal Motor Transport Authority, thermal windows are legal if they serve to protect against sudden, unforeseeable damage to the vehicle's engine and to ensure the safe operation of the vehicle.
Volkswagen AG is convinced that the thermal window installed in the vehicle in which you are interested serves to prevent sudden, unforeseeable damage to the vehicle's engine and to ensure the safe operation of the vehicle. This statement is based on engineering expertise.
On 14 July 2022, the European Court of Justice issued three new judgments, in which it supplemented previous European case law. According to these new judgments, thermal windows can still constitute a prohibited defeat device under certain conditions when they serve to protect the engine. This applies even if the responsible type-approval authority had tested and approved the relevant thermal window according to the specifications valid until then. Of course, following Brexit, the judgments of the European Court of Justice no longer automatically apply across the whole of the UK.
That is why we would like to inform our customers before buying vehicles with potentially comparable thermal windows:
Against the backdrop of this new development in European case law, it cannot be completely ruled out that authorities and courts could in future assess the specific design of certain thermal windows to be prohibited. This also cannot be ruled out for the thermal window installed in the vehicle you are interested in buying. If this happens, it also cannot be ruled out with certainty that the manufacturer could issue recalls or that the authorities may order recalls or other measures to be carried out, including to vehicle owners. This could even in a very unlikely scenario include the withdrawal of the vehicle registration or a prohibition of use directed against the vehicle owner. In such cases, potential impacts on the resale value of the vehicles cannot be ruled out, although this happening is very unlikely.
In the event that a certain kind of thermal window is classified as prohibited in the future, with the result that recalls are issued, Volkswagen AG will develop suitable technical solutions and make them available to you free of charge, or provide other remedies.
Thank you for your understanding.
By signing this document, you, the undersigned customer, confirm that
I recently bought a 2017 T6 from a VW Used/Approved dealer who supplied the van with a 12-month VW warranty. But a couple of weeks after the purchase I received an email asking me to sign a document.
Apparently, it was a document I should have been asked to sign before I bought the van, whereby I declared that I was fully aware of the situation regarding recent European legislation (that may or may not apply to the UK) that might lead to my van being declared unfit for the road.
Quite disconcerting.
Below is pasted in the full text of the letter with my vehicle ID removed.
What does anyone make of this? Should I be worried?
Thanks
[Internal Draft of a Customer information letter regarding the ''thermal window'' in diesel vehicles]
Dear Customer,
We are pleased that you are interested in buying the vehicle with the vehicle identification number XXXXXX
With regard to this vehicle, we as the seller would like to inform you of the following based on the information provided to us by Volkswagen AG:
Based on industry-wide standards, all manufacturers' diesel vehicles that are currently available for purchase have what is known as a ''thermal window''. This is a function in which the exhaust gas recirculation rate is gradually reduced or shut down completely outside a certain temperature range for reasons of engine protection. This, therefore, also applies to the vehicle you are interested in buying.
For some time now, there has been a discussion about the legality of thermal windows in diesel vehicles. According to the administrative practice of the European type-approval authorities, including the German Federal Motor Transport Authority, thermal windows are legal if they serve to protect against sudden, unforeseeable damage to the vehicle's engine and to ensure the safe operation of the vehicle.
Volkswagen AG is convinced that the thermal window installed in the vehicle in which you are interested serves to prevent sudden, unforeseeable damage to the vehicle's engine and to ensure the safe operation of the vehicle. This statement is based on engineering expertise.
On 14 July 2022, the European Court of Justice issued three new judgments, in which it supplemented previous European case law. According to these new judgments, thermal windows can still constitute a prohibited defeat device under certain conditions when they serve to protect the engine. This applies even if the responsible type-approval authority had tested and approved the relevant thermal window according to the specifications valid until then. Of course, following Brexit, the judgments of the European Court of Justice no longer automatically apply across the whole of the UK.
That is why we would like to inform our customers before buying vehicles with potentially comparable thermal windows:
Against the backdrop of this new development in European case law, it cannot be completely ruled out that authorities and courts could in future assess the specific design of certain thermal windows to be prohibited. This also cannot be ruled out for the thermal window installed in the vehicle you are interested in buying. If this happens, it also cannot be ruled out with certainty that the manufacturer could issue recalls or that the authorities may order recalls or other measures to be carried out, including to vehicle owners. This could even in a very unlikely scenario include the withdrawal of the vehicle registration or a prohibition of use directed against the vehicle owner. In such cases, potential impacts on the resale value of the vehicles cannot be ruled out, although this happening is very unlikely.
In the event that a certain kind of thermal window is classified as prohibited in the future, with the result that recalls are issued, Volkswagen AG will develop suitable technical solutions and make them available to you free of charge, or provide other remedies.
Thank you for your understanding.
By signing this document, you, the undersigned customer, confirm that
- the above information has been provided to you by the seller prior to the purchase of the vehicle with the vehicle identification number XXXXX
- you are submitting your offer to purchase the above-mentioned vehicle in full knowledge of this information or are accepting a relevant offer from the seller in full knowledge of this information, and
- you agree to any technical measures being carried out on your vehicle, should these be provided by Volkswagen AG.
