More bad news for Toyota diesel: Toyota defends explosive Dieselgate-style defeat device allegations in fresh lawsuit

Toyota Australia says it will “rigorously” defend a fresh class action lawsuit brought upon the company in the Supreme Court of Victoria today by a law firm representing owners and drivers of diesel-powered Toyota vehicles.

Represented by Maddens Lawyers, the class action lawsuit alleges that “Toyota Motor Corporation Australia (TMCA) Limited manufactured and sold hundreds of thousands of diesel vehicles to Australian consumers that possess engine design features commonly known as ‘defeat devices’”.

This class action lawsuit is unrelated to any existing defective diesel particulate filter (DPF) legal action currently underway in Australia.

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A spokesperson for Toyota Motor Corporation Australia (TMCA) released a statement this afternoon refuting the allegations entirely.

“Toyota Australia stands by its reporting, monitoring and evaluation standards in relation to the emissions for all its vehicles,” the statement read.

“We will defend the class action announced today rigorously. As this matter is before the courts, we have no further comment.”

The Toyota Diesel Defeat Device Class Action involves the following Toyota models:

• HiLux, LandCruiser Prado, Fortuner, Granvia and HiAce with the 2.8-litre 1GD-FTV diesel engine
• HiLux with the 2.4-litre 2GD-FTV diesel engine
• LandCruiser with the 3.3-litre F33A-FTV diesel engine
• LandCruiser with the 4.5-litre 1VD-FTV (195kW to 200kW) diesel engine
• RAV4 with the 2.2-litre 2AD-FHV or 2AD-FTV diesel engines
• “Anyone who purchased one of these vehicles on or after 7 February 2016 is eligible to participate in the class action, regardless of whether they purchased the vehicle new or second hand,” according to a statement released today by Maddens Lawyers.

Representing “up to half a million owners of diesel-powered Toyota vehicles”, the Maddens Lawyers class action suit concerns allegations that “…some diesel engines developed by Toyota, including those incorporated in some of their most popular models such as the LandCruiser and HiLux, include design elements which tamper with the vehicle’s emissions control system in order to enhance the car’s performance.”

Some Toyota models the emissions control system is alleged to perform differently in test conditions compared to on road conditions.

Similar to the so-called 'Dieselgate' scandal that was exposed in 2015 starting with Volkswagen Group, in this case tampering means the aforementioned vehicles contained technologies that sensed when an emissions test was being conducted and altered the amount of pollution emitted for a more favourable result.

“On some Toyota models the emissions control system is alleged to perform differently in test conditions compared to on road conditions,” according to Maddens Lawyers’ Special Counsel, Brendan Pendergast.

“This results in cars passing regulatory testing but then emitting unlawfully high levels of nitrogen oxide when on the road.

“Toyota has historically been one of Australia’s most trusted brands. It is Australia’s top selling car brand. If the Court finds that Toyota has been using ‘defeat devices’ then there are literally hundreds of thousands of people driving a car that simply should have never been allowed on our roads.”

This class action is unrelated to any existing claims brought against TMCA in relation to defective DPF issues.

Mr Pendergast told CarsGuide that while it is not yet appropriate to divulge the evidence pointing to the alleged cheat device in the Toyota diesel vehicles, expert evidence will be provided if required.

It is understood the alleged Toyota device is different from the alleged Volkswagen device in that it does not allegedly switch from ‘On Road’ to ‘Testing’ when exhaust emissions equipment is connected. Instead it is a technology that allegedly gradually alters the engine’s behaviour according to throttle input, speed, load, altitude and other external factors, thus exceeding the lawful amounts of pollution.

As a result, Maddens Lawyers claims TMCA wilfully tried to deceive Australian consumers, putting people at risk as a result of the so-called cheat device.

“The class action alleges that when obtaining regulatory approval for diesel cars to be sold on the Australian market, Toyota engaged in conduct which was misleading and deceptive,” Mr Pendergast said.

It is understood the alleged Toyota device is different from the alleged Volkswagen one.

“It is also alleged affected vehicles are not of acceptable quality and do not meet the necessary safety standards under the Australian Consumer Law.”

Maddens Lawyers also stated that while this class action is unrelated to any existing claims brought against TMCA in relation to defective DPF issues affecting certain diesel-powered Toyota HiLux, Fortuner and Prado models, it encourages owners of those impacted models to join this fresh class action.

 “This is a separate claim and does not extend to Toyota’s use of defeat devices,” Mr Pendergast said.

“The allegations in the Maddens’ class action concerning the use of defeat devices are a much broader issue and impacts a larger range of Toyota cars.

“If anyone has registered for the DPF defect class action they are also eligible to participate in the Maddens Lawyers Toyota Diesel Defeat Device Class Action.”

Anyone who purchased a selection of Toyota's after 7 February 2016 is eligible to participate in the class action.

The firm added that, with potentially up to half a million owners seeking damages that could run into tens of thousands of dollars per owner, this could be one of the largest lawsuits of this nature in Australia’s history.

“The number of impacted vehicles means that the potential ramifications for Toyota are enormous,” Mr Pendergast said. “This could completely overshadow VW’s Dieselgate scandal.

“This class action is one of the biggest claims in Australia’s legal history. It could result in each participant receiving tens of thousands of dollars of compensation. Anyone who has purchased one of these vehicles should register to participate in this class action.”

Earlier this year, Toyota-owned truck subsidiary Hino suspended sale of a number of diesel trucks in Japan after “misreporting engine data relating to fuel efficiency and emissions”.