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 The cars, some 482,000 Passats, Golfs and Jettas sold in model years
2009 to 2015 in the United States, are peppy and fun to drive,
owners say. Because fixing the cars is likely to result in lower
performance and fuel economy, some drivers will decline, even though
their cars would continue to spew 40 times the smog-producing
emissions permitted by some states. If they do, there are few
enforcement levers in place.
In the three states with the most VW diesel cars caught up in the
emissions scandal, only California withholds registration renewals
from cars that fail to comply with recalls. In Texas and Florida,
which have the second- and third-highest number of VW diesels after
California, there are no emission standards in place for diesel
vehicles.
Nationally, only 17 states are required by the Clean Air Act to
confirm that owners of cars subjected to a recall show proof they
have complied with it before they are allowed to take an emissions
test required to register their cars, the Environmental Protection
Agency said.
The EPA couldn't confirm whether the 33 other states don't require
owners to prove they have complied with a recalI. Texas doesn't
include diesel vehicles in its emission inspection program and
Florida no longer has a vehicle emission inspection program, EPA
said. It isn't known how many other states don't require vehicles to
pass emissions tests.
The EPA has said a recall is likely.
"I love the car," said the owner of a diesel Passat in Florida named
Thomas, who didn't want to give his last name because of privacy
concerns. "However, a lot of that is based upon the performance of
the car. I am very dismayed that I am now in the position of
ignoring the recall to have the performance of the car versus having
the recall performed and the car not performing like the one I
purchased."
Jared Allen, a spokesman with the National Auto Dealers Association,
said loopholes in states such as Florida are why the nationwide
recall completion rate hovers around 70 percent.
"There is no enforcement mechanism that is tied to the consumer's
ability to continue driving the vehicle," Allen said.
German regulators have set a Wednesday deadline for VW to disclose
how vehicles will be fixed to comply with EU emissions laws.. On
Thursday, VW's U.S. head will testify before U.S. lawmakers.
In the meantime, one owner on the VWVortex website said that VW
would have to wave "a big carrot" in front of their customers to get
them to comply with the recall.
That could come in the form of loyalty programs, trade-ins, or cash
incentives. VW late last week informed dealers it would offer
"loyalty bonuses" of $2,000 for owners who want to trade in their
cars.
Thomas from Florida said he doubted that would be enough: "I think
the hit we'll take in resale will be much greater than that."
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The EPA has the authority to order VW to recall the vehicles, but
its authority to compel consumers to get their cars repaired is
limited.
Asked about enforcement levers, the EPA said a recall wouldn't
necessarily require owners to repair their vehicle. Manufacturers
have to submit quarterly reports summarizing response rates to the
agency, the EPA said.
But the stakes of disobeying a recall are clear: "Without the
repairs, vehicles may be emitting harmful pollutants in excess of
the federal emission standards," the EPA said in a statement to
Reuters.
In a recall, California officials deny re-registrations to owners
who fail to bring their vehicles into compliance. Vehicles are
registered yearly so owners could get away without a fix for up to a
year without being caught.
"I'd most likely wait as long as possible and let others be the
technology pathfinders and get my cars 'fixed' only when there was a
hard deadline by California after other folks get all the bugs
worked out," said owner David Rosing of Los Angeles.
A majority of states, however, including Texas and Florida, have no
such laws, frustrating environmentalists.
"I'm a bit surprised if Texas and Florida don't do the same thing
(as California) and the EPA doesn't enforce that," said Roland
Hwang, director of the National Resource Defense Council's energy
and transportation program.
One thing that could affect the recall response rate is that problem
is emissions-related and not a safety issue. Even in safety recalls,
many vehicle owners don't take cars back to dealers to get them
repaired, as they are not forced to.
According to the Alliance of Automobile Manufacturers, which is
currently researching recall response rates, in 99 percent of safety
recalls from 2000 to 2013, the National Highway Traffic Safety
Administration did not issue an unconditional "do not drive"
recommendation.
That means that without Volkswagen's prodding its customers or
wooing them with financial incentives, regulators can do little but
hope that owners will comply.
"Regulators should be giving the orders and calling the shots," said
Kristen Monsell, an attorney with the Center for Biological
Diversity. "Instead, VW seems to be in the driver's seat."
(Writing by Alexandria Sage; Editing by Steve Trousdale and John
Pickering)
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