BMW under legal trouble: Investigation reveals emissions cheat device in X3 SUVs

Almost ten years have passed since the Volkswagen emissions scandal, widely known as Dieselgate, rocked the automotive world. The scandal revealed that Volkswagen had installed illegal software in its diesel vehicles to cheat emissions tests, resulting in billions of dollars in fines, vehicle buybacks, and a tarnished reputation for the company.

Now, another German automaker, BMW, is facing regulatory scrutiny over its diesel vehicles. Germany's federal transport watchdog, the Kraftfahrt-Bundesamt (KBA), has uncovered an emissions cheat device in diesel BMW X3 SUVs built between 2010 and 2014. The KBA alleges that BMW fitted these X3 models with 1.8-litre and 2.0-litre turbo-diesel engines, which produce emissions higher than legally mandated levels in certain circumstances.

The investigation began over allegations that the mandatory emissions systems deactivated on X3 models when the air conditioning was turned on – a practice that could allow emissions to exceed legal limits during real-world driving. The KBA now claims to have found software that allows the affected X3 models, specifically the sDrive 18d and xDrive 20d, to produce nitrogen oxides outside of legal limits when the air conditioning is on.

Approximately 33,000 German vehicles are believed to be affected, with up to 150,000 vehicles suspected across Europe. BMW has been working on a hardware and software solution to address the issue, which is expected to be implemented by June 2024.

Jürgen Resch, CEO, Deutsche Umwelt Hilfe (Germany's environmental watchdog), expressed concern over the findings, stating, "More than seven years after the Dieselgate scandal became known, we find the highest nitrogen oxide emissions we have ever measured in diesel vehicles during real driving and discover defeat devices in the engine control software."

"BMW has been working for some time on a hardware and software measure to remove the complained about functions," the German transport authority said in a translated statement.

“The hardware and software measure is expected to be put into the field in June 2024," it added.

While BMW is cooperating with the KBA, the company has indicated that it intends to keep its legal options open. The KBA has yet to make a final decision on the matter, but the discovery of the emissions cheat device in BMW X3 SUVs raises serious questions about emissions compliance in the automotive industry and highlights the ongoing challenges of ensuring emissions standards are met in real-world driving conditions.