BMW May Be Having A Dieselgate Moment In Germany

Things may be about to get really bad for BMW. Germany’s motor transport authority, KBA, has started proceedings against BMW over suspicions the automaker manipulated emissions results in its X3 2.0-liter diesel models, according to Reuters. It’s a similar situation to Volkswagen’s Dieselgate scandal that rocked the automotive industry nearly 10 years ago.

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The KBA told the German website Bild that the case concerns suspicions of the use of a defeat device in the engine control of the X3. Right now, it isn’t clear how many vehicles are affected.

According to Bild, internal files suggest the X3s emitted less nitrogen oxides when — among other things — the air conditioning is switched off. During lab testing, air conditioners usually stay off, and people familiar with the process tell Bild it is being seen as a “defeat device” which is not allowed. Shocking, I know.

Basically, the KBA is alleging BMW installed emissions-cheating devices in its diesel X3s to make it look as if they run much cleaner than they actually do. VW did something similar, and it led to nearly 11 million vehicles being impacted worldwide. Many of those cars were bought back by the manufacturer or recalled. It was a nasty situation; you know what happened.

BMW has reportedly dismissed the incident so far and called it a production defect. I don’t know, bud, but if that were the case, BMW would only have to bring affected vehicles into legal compliance. However, if the KBA does consider the software trick to be fraudulent, BMW could end up facing criminal or civil penalties. Authorities are now apparently looking into software tricks in other BMWs.

“BMW was obviously very clever with the emissions trick, which is why it took so long to find something,” a source told Bild.

This isn’t BMW’s first issue with emissions, according to Bild:

BMW has so far gotten off lightly in the diesel affair. While Volkswagen had to pay billions in fines and compensation due to millions of emissions fraud, the BMW paint was hardly scratched.

The Munich public prosecutor’s office closed an investigation against BMW in 2019. “The allegation of fraud has not been confirmed,” the authority said at the time. The Munich car manufacturer allegedly mistakenly used incorrect software in some models. For the alleged mishap, BMW got away with a fine of 8.5 million euros .

However, this current issue BMW is facing with the KBA could end up costing it a hell of a lot more money.

An authority spokesman confirmed to BILD: “The KBA market surveillance initiated hearing proceedings against BMW in August 2023. It is about the suspicion of an inadmissible shutdown device in the engine control of an X3 2 l diesel. The emission type approvals in question were issued at the time by the Irish Type Approval Authority. The Irish approval authority NSAI and the KBA are in close contact.”

It goes on to say: “This is an ongoing procedure, the conclusion (decision) of which cannot be predicted given the evaluation of existing measurement results, the hearing of the manufacturer and further measurements and analyses.”

Jalopnik has reached out to BMW for comment, and we will update this story when and if it responds.