Could CV manufacturers face a legal storm over emissions?

As the UK’s largest-ever class action against diesel car manufacturers heads to court, the question arises: could commercial vehicle manufacturers face a similar fate despite their substantial green investments?

As the UK High Court reviews the largest-ever class action against car manufacturers for excessive emissions of nitrogen oxides (NOx), the implications for the commercial vehicle (CV) industry are worth considering. The case, which involves 1.5 million diesel vehicles and claims that they illegally emitted far more NOx than previously understood, raises a pertinent question: could truck and bus manufacturers face similar lawsuits despite their commendable strides towards sustainability?

Campaigners including Mums for Lungs argue that diesel vehicles remain the biggest polluters, contributing nearly 40% of NOx emissions in the UK. They demand transparency and accountability from manufacturers, with some even calling for a £1-billion fund to phase out diesel vehicles. Jemima Hartshorn, founder of Mums for Lungs, expressed a sentiment that echoes public frustration: “These diesel cars are still on our roads, polluting our towns and cities, and making our children sick.”

There’s no denying the urgency of addressing air quality issues. The death of Ella Adoo-Kissi-Debrah, a nine-year-old girl whose passing was linked to air pollution, underscores the human cost of inaction. Her mother, Rosamund, voiced a powerful call for justice, stating: “Air pollution killed my daughter Ella, and I want to ensure no other families have to suffer like we do.”

However, targeting CV manufacturers with similar lawsuits would be both premature and unfair. Much like passenger car manufacturers embroiled in the UK lawsuit, CV makers have been investing billions into cleaner technologies. Scania, for example, has pledged to cut its carbon footprint by 50% by this year, focusing on hybrid and fully-electric trucks. Similarly, Volvo Trucks has launched a comprehensive range of electric trucks, aiming for half of its global sales to be electric by 2030.

The Swedes are not alone in their quest to save the planet. Mercedes-Benz Trucks has made significant progress in this regard, with the eActros 600 electric truck boasting a range of up to 500km, while the eActros 300 and 400 offer ranges of 300km and 400km respectively, depending on the battery configuration.

MAN Truck & Bus is the first European truck manufacturer to launch a small-series truck with a hydrogen combustion engine. It also includes battery-electric trucks designed for long-haul operations in its range.

Meanwhile, Iveco has introduced the S-eWay, a zero-emission heavy-duty truck, along with the S-eWay Fuel Cell truck, which offers an 800km range.

DAF, on the other hand, offers its New Generation XD and XF Electric trucks, featuring electric engines of up to 350kW and zero-emission ranges of up to 500km. Like MAN, the company is also developing hydrogen internal combustion engine (ICE) technology, exemplified by the XF Hydrogen prototype, which won the 2022 Truck Innovation Award. Additionally, DAF is exploring hydrogen fuel cell technology as part of its commitment to sustainable transport solutions.

The elephant in the room

The South African context presents unique challenges that make a blanket shift to electric CVs problematic. With over 80% of the country’s electricity generated from coal, the carbon footprint of an electric truck charged from the national grid could paradoxically exceed that of a modern Euro 6 diesel truck.

Moreover, the infrastructure required to support electric CVs is glaringly absent. As of now, South Africa has fewer than 400 public EV charging stations, most of which are designed for passenger cars, not heavy-duty trucks. This stark reality highlights a fundamental flaw in the argument for rapid electrification of the CV sector.

The CV industry has taken significant steps to address these challenges responsibly. Initiatives such as Scania’s local assembly of biogas and hybrid trucks (read more on page 26) and Volvo’s pilot projects on compressed natural gas (CNG) trucks are commendable. These solutions offer immediate reductions in carbon and NOx emissions without depending on a fully renewable grid.

Defeat devices: a different picture for diesel CVs

The accusations facing passenger car manufacturers centre around “defeat devices” – software designed to cheat emissions tests. It is worth noting that no CV manufacturer has been implicated in similar scandals on a significant scale. This distinction is critical, as it highlights a commitment to compliance and transparency that should not be overshadowed by the misdeeds of the passenger car sector. Far from evading responsibility, the CV sector is actively engaged in emissions management.

Balanced path forward

While the push for cleaner air is non-negotiable, a balanced approach is essential. Penalising CV manufacturers without considering their substantial green investments and the realities of South Africa’s energy landscape would be counterproductive. Instead, a collaborative approach between manufacturers, regulators, and infrastructure providers is needed to accelerate the transition to greener commercial transport.

There’s also a case for incentivising the adoption of biofuels and other transitional technologies that offer immediate emissions reductions. The Western Cape’s pilot programme on biodiesel for municipal fleets is a promising example of how such initiatives could work.

So, there you have it. The legal battles facing diesel car manufacturers in the UK are a wake-up call for the CV sector, but not a damning verdict. The industry’s substantial investments in cleaner technologies and the unique challenges of South Africa’s energy infrastructure must be acknowledged.

Demonising diesel across the board overlooks the nuanced realities of freight transport, where every percentage gain in efficiency translates into substantial emissions reductions. The goal must be clear: cleaner air without unfairly targeting an industry that is already investing heavily in solutions for a sustainable future.

What is a defeat device?

A defeat device is software or hardware in a vehicle’s engine control unit (ECU) designed to cheat emissions tests. It detects when a vehicle is undergoing an emissions test and temporarily alters the engine’s performance to reduce pollutants like nitrogen oxides (NOx). During testing, the device ensures emissions stay within legal limits, creating a false impression of compliance. However, once the test is over, the device deactivates, allowing the vehicle to emit higher levels of pollutants during normal driving conditions.

How do defeat devices work?

Defeat devices identify specific conditions typical of emissions tests, such as steady vehicle speed, low engine load, and the absence of steering wheel movement. When these conditions are detected, the device adjusts various engine parameters to minimise emissions temporarily. For example, it can modify fuel injection timing, increase exhaust gas recirculation (EGR), or enhance the selective catalytic reduction (SCR) system’s efficiency by injecting more AdBlue, a urea solution that converts NOx into nitrogen and water vapour.

Once the test conditions are no longer detected, the defeat device switches back to standard settings, often resulting in higher emissions but improved performance and fuel efficiency. This practice has raised significant legal and ethical concerns, as it undermines environmental protection efforts and deceives both regulators and consumers. The use of defeat devices has led to numerous lawsuits and stricter regulatory scrutiny of vehicle manufacturers.