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Oh i thought the emmisions would be too high in that euro cat and might effect MOT .....my bad.
They will almost certainly fail if they haven't been sorted I think. The emissions are many times the allowed limit without the cheat.
But people aren't going to remove the cheat themselves; if the cheat is removed then it will be done as part of the recall alongside the corresponding modifications (which is why people are keen to avoid it until the impact is clearer). So I still don't see how current cars will fail the test given the cheat has been proven to work for the current MOT and cheat cars are passing MOT with flying colours. They'd have to change the MOT to either test differently, or specifically look for cars with the defeat device still operational, and as I said I haven't seen anything official to say that is happening. There would doubtless be ample warning in that scenario.
First to say I'm not fully versed so I'm speculating as you are. However I really can't see how they could void the warranty if you refuse to accept an emissions modification that (potentially) adversely impacts the car's drive or performance in the real world.
"No thanks I'd rather decline your offer of modifying the car."
"OK sir, we shall void your warranty in that case."
"Great, so now you're retrospectively backing out of warrantying a car in the condition you sold it to me, because I'm refusing your 'fix' for your own illegal cheat device? Fine, I'll take a refund minus costs for usage, then?"...
Maybe not, but you see the point. Plus EU regulation 1999/44/EC, which by now has been incorporated into member state laws, states that OEMs can't refuse to honour a warranty based on other owner choices. It's often cited by savvy smartphone users. For example, OEMs often say rooting a phone voids the warranty, but this legislation says that unless the OEM can prove with an independent report that the root is what directly caused the fault (eg a custom kernel overheating the CPU), then the statutory two year warranty cannot be voided as the root is effectively irrelevant.
I should imagine the same clause would hold water for a car. If you choose not to accept their 'fix', they can't then decline warranty work based around a chain fault, bodywork, whatever. I'd be highly surprised (and somewhat amused) if they could later blame even a fuel, emissions or exhaust fault on their own illegal cheat device, so your failure to allow them to remove it surely couldn't count against you? IANAL and all that but it was my first thought. I'm sure Google (or more learned members here) will know the real answer.
Given the cheat device is software based it wouldn't be a simple test.
Based on an educated guess the bonnet sensor will be connect to the ECU through CANBUS then when the it changes the fuel map amongst other things when the bonnet is open and it detects wheel speed movement
The bonnet switch was the 'cheat' that started the legislation around defeat devices. Its a fair bit more complex than that with the VW system!
Not sure what point you are trying to make but this is about emissions and resulting air quality. Nothing to do with a warranty.
Good luck selling a car if it hasn't got an MOT on a basis its VIN hasn't been confirmed as receiving the 'fix'.
Based on an educated guess the bonnet sensor will be connect to the ECU through CANBUS then when the it changes the fuel map amongst other things when the bonnet is open and it detects wheel speed movement
Interesting and part of the VW thing...
http://www.bbc.co.uk/news/business-36589106
Not exactly rocket science that diesels are so polluting and controls are turned off to avoid damaging engine... Lol